Exhibit C - Hunter Wise Commodities

Transcription

Case 9:12-cv-81311-DMM Document 213-3 Entered on FLSD Docket 09/30/2013 Page 1 of 65
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Exhibit "C"
Settlement Package
Fine Furnishings, Car and Boat
August 15, 2013
888#55#TIGER!
Asset!Intelligent!
!
TigerGroup.com!
Exhibit "C"
Lot
Report
Fine
Furnishings,
Car
&
Boat
Bid thru Thu, Aug 15
Lot
Number
Qty
Description
1
2
Statues - Julius Caesar and Greek Goddess
2
1
Lot - Glass, Porcelain and Marble Decor, 4 Pcs.
3
1
4
Exhibit "C"Asset/SKU
Sale
Price
Extended
3446
12.50
25.00
5954
21.00
21.00
Globe with Gold Plated Frame
1612
90.00
90.00
1
Lot - (3) Clocks, Tin Guitar Wall Decor, Glass Fish Wall Decor and
Wooden Eagle, 6 Pcs.
5954
65.00
65.00
5
2
Table Lams with Shade, Orange and Black
3672
20.25
40.50
6
2
Table Lams with Shade, Cream and Brown
5952
12.00
24.00
7
1
Platinum Sound Subwoofer with (2) Speakers, Model SWX1600, 3 Pcs.
5945
14.00
14.00
8
2
Decorative Glass Vases (1) 16", (1) 11"
5954
16.50
33.00
9
1
Lot - Glassware (Margarita, Wine, Beer and Drinking Glasses), Pitcher, Oil
and Vinegar Bottles, 45 Pcs
5954
22.00
22.00
10
1
Lot - Glassware Including - Dining Plates, Serving Bowls and Cups, Black
and Gold Striped, 19 Pcs.
5954
17.00
17.00
11
1
Lot - Plates, Glassware, Butler Statue and Porcelain Salt and Pepper
Shakers, 26 Pcs.
2638
21.01
21.01
12
1
Lot - Crystal Decanter, (10) Crystal Glasses and (4) Spiegeau Martini
Glasses, 15 Pcs.
2140
40.00
40.00
13
1
Lot - Pots, Pans, Cookie Sheets, Casserole Dishes, Mixing Bowls and
More, Approx. 24 Pcs. (Contents of Box)
1994
13.01
13.01
14
1
Lot - Kitchen Utensils, Pitchers, Drink Dispensers, Tupperware, Wall
Decor, Martini Shaker and More, Approx. 65 Pcs. (Contents of 3 Boxes)
1994
24.01
24.01
15
1
Lot - (2) Wood Kitchen Prep/Storage Tables with (2) Wood Mixing Bowls
and Wood Cutting Board, 5 Pcs.
5954
30.00
30.00
16
1
Cuisinart 15 Piece Knife Set with Counter Top Holder and (1) Chicago
Cutlery and (1) Good Cook 8" Chefs Knives
5375
40.01
40.01
17
2
Hamilton Beach Stainless Steal Toaster and Cuisinart Stainless Steel
Electric Mixer
5954
9.51
19.02
18
1
VillaWare Modern Pro Stainless Steel Blender
5954
35.00
35.00
19
1
Breville Keurig Brewed Stainless Steel Beverage Dispenser with 27
K-Cup Holder
1612
120.00
120.00
19A
1
Haier Wine Chiller
2638
160.00
160.00
20
1
Lot - Shark Vertical Steam Iron, Black & Decker Iron and Table Top
Ironing Board
5952
23.03
23.03
Tiger
Remarketing
Services
340
N.
Westlake
Blvd.,
#260
|
Westlake
Village,
CA
91362
|
800-‐758-‐8443
Fax:
805-‐497-‐2211
|
[email protected]
Retail
Buyer#
Pg. 1
Lot
Report
Fine
Furnishings,
Car
&
Boat
Lot
Number
Qty
Description
21
1
Dirt Devil AccuCharge Vacuum, Model 803424
22
3
(2) Table Lamps, (1) Floor Lamp
23
2
24
Sale
Price
Extended
5554
26.00
26.00
5954
14.00
42.00
Decorative Table Lamps, Bronze with Black Lamp Shades
5954
50.01
100.02
1
Lot - Candles, Nutcracker, Model Airplane, Jewelry Box, Coasters and
Black Lights, Approx. 17 Pcs. (Contents of Bottom Shelf)
5954
55.00
55.00
25
1
1994
31.11
31.11
25A
1
Lot - Bathroom Essentials, Close Hamper, Waste Baskets, Storage Bin,
Shower Head, Shower Caddies, Toiletries, Shower Curtains, Bathroom
Rugs and More, Approx. 50 Pcs.
Bathroom Caddy - Above Toilet (Disassembled)
1994
33.11
33.11
26
1
Lot - Fitness Equipment Including - Dumbbells, Shake Weight, Six
Second Abs and P90X DVD's (P90X is Unopened)
5945
45.05
45.05
27
1
Master Forge LP Bar-B-Que
5375
130.00
130.00
28
1
Round Patio Table with 2 Chairs
5375
135.00
135.00
29
1
Microfiber Couch, 3-Cushin Featuring 2-Reclining Chairs, 84" L
1739
65.00
65.00
30
1
Microfiber Loveseat 2-Cushin Featuring 2-Reclining Chairs, 62" L
1739
50.00
50.00
31
1
Coffee Table with Rising Top
5940
35.00
35.00
32
2
End Tables
5940
40.00
80.00
33
1
TV / Console Table
1755
50.00
50.00
34
1
Nesting Table with Storage
5940
110.00
110.00
35
1
Casa Mollino Marble Top Pub Table, 41"W x 41"D x 37"H, Model
D543-12
2717
30.00
30.00
36
2
Casa Mollino Pub Chairs with Leather Seats, 25"W x 24"D x 46"H
5945
55.00
110.00
37
1
Casa Mollino Console Marble Top Table, 54"W x 22"D x 35"H
5945
40.00
40.00
38
1
Queen Bed Frame with Under Bed Storage Drawers - (Disassembled)
2638
140.00
140.00
39
1
Queen Bed Frame (Disassembled)
2638
95.00
95.00
40
1
Dresser
5940
65.00
65.00
41
2
Night Stands
2717
65.00
130.00
42
1
Dresser
5940
40.00
40.00
43
2
Night Stands
5940
40.00
80.00
44
4
Bar Stools
1755
20.00
80.00
45
1
Rowley Creek Dining Room Table w/ Leaf Extension, 96"L x 47"W x
31"H, Model D534-35 (Disassembled)
2282
160.00
160.00
Tiger
Remarketing
Services
340
N.
Westlake
Blvd.,
#260
|
Westlake
Village,
CA
91362
|
800-‐758-‐8443
Fax:
805-‐497-‐2211
|
[email protected]
Retail
Buyer#
Pg. 2
Lot
Report
Fine
Furnishings,
Car
&
Boat
Lot
Number
Qty
Description
46
8
Rowley Creek Ladder Back Arm Chairs, 43"H x 23"W x 25"D
2282
40.00
320.00
47
1
5555
1,050.00
1,050.00
48
1
27" iMac 2.93GHz Quad-Core i7 Processor, 8Mb Shared level 3 Cache, 4
GB of 1333MHz DDR3 SDRAM with Power Supply, Serial Number
W80520JEGXU
Lexmark Printer, Model 4446-W01 with Power Supply
5636
31.00
31.00
49
1
Astra Model 57I Phone with Plantronics CS55 Headset
5238
75.11
75.11
50
1
Logitech Z5500 Digital Speaker System with (4) Speakers, (1) Center
Channel Speaker and Subwoofer
5954
104.00
104.00
51
1
Vizio 42" LCD HDTV, 1080P Full HD, 3x HDMI Inputs, Model
VW42LFHDTV10A
5099
175.00
175.00
52
1
Vizio 42" LCD HDTV, Model E420VL
5099
135.00
135.00
53
1
Vizio 47" LCD HDTV, 1080P Full HD, SRS TruSurround XT, Model
SV470XVT1A
1755
350.00
350.00
54
1
Samsung BluRay 3D Player, Model, BD-D6500
5099
35.00
35.00
55
1
Phillips BluRay Player, Model BDP7200
5954
28.00
28.00
55A
1
Lot - 36 DVDs, Including The Departed, Carol Burnet Show, Monty
Pythons Flying Circus and More
5954
23.08
23.08
56
1
Sony Wireless Headphones, Model, TMR-RF925R with Charging Station
5956
35.00
35.00
57
1
Lot - (3) Direct TV Boxes with Remotes, (1) HD+DVR Box, (1) HD Box and
(1) Standard Box
2638
34.75
34.75
58
13
Artificial Plants, Trees and Flowers in Decorative Pots and Vases, Various
Sizes and Types
1755
14.00
182.00
59
1
Area Rug, 7'6" x 9"10"
1726
60.00
60.00
59A
1
Area Rug, 7'10" x 9"10"
2717
275.00
275.00
60
1
Area Rug, 8' x 4'
5952
10.00
10.00
61
2
Area Rug, 4' x3' and Runner, 8'
5945
22.00
44.00
62
1
Lot - Towels, Rugs, Bedding, Pillows and More, Contents of 6 Boxes,
Approx. 50 Pcs.
1994
95.00
95.00
63
1
Sentry Safe
5375
64.76
64.76
64
1
Lot - Luggage and Travel Bags and Brief Cases, 4 Pcs.
5954
30.00
30.00
65
1
5954
46.00
46.00
65A
1
Lot - House Hold Necessities Including - Hand Tools (Screwdrivers,
Adjustable Wrench, Hammers), Office Supplies, Alarm Clock, Books,
Cleaning Supplies and More, Contents of 4 Boxes Approx. 100 Pcs
Werner 6' 'A' Frame Ladder
2638
35.00
35.00
Tiger
Remarketing
Services
340
N.
Westlake
Blvd.,
#260
|
Westlake
Village,
CA
91362
|
800-‐758-‐8443
Fax:
805-‐497-‐2211
|
[email protected]
Retail
Buyer#
Sale
Price
Extended
Pg. 3
Lot
Report
Fine
Furnishings,
Car
&
Boat
Lot
Number
Qty
Description
65B
1
Master Portable Massage Table
66
1
Mirror, 34" x 31"
67
3
68
Sale
Price
Extended
5711
22.00
22.00
5954
60.01
60.01
Wall Art, (1) Canvas Print, (2) Wood Boxes
2885
10.10
30.30
1
Muhammad Ali Autographed and Framed Print, No COA
5954
135.99
135.99
69
1
Winston Churchill Print, Matted, Dated 1944
5954
45.00
45.00
70
1
Oil on Canvas, Framed, By Barrow, Canvas Measures 32" x 30"
2885
70.00
70.00
71
1
Framed Print with Glass Front, Canvas Measures 30" x 31"
4393
22.00
22.00
72
1
Oil on Canvas, Framed, Canvas Measures 33 1/2" x 30 1/2", Artist
Unknown
2885
107.18
107.18
73
1
Oil on Canvas, Framed, By Morgan Canvas Measures 19 1/2" x 23 1/2"
2885
35.00
35.00
74
1
Oil on Canvas, Framed, By Morgan Canvas Measures 19 1/2" x 23 1/2"
2885
72.18
72.18
75
1
Oil on Canvas, Framed, By T. Martin Canvas Measures 39 1/2" x 29 1/2"
2140
170.00
170.00
76
1
Oil on Canvas, Framed, By T. Martin Canvas Measures 23 1/2" x 23 1/2"
2140
65.00
65.00
77
1
1254
10,100.00
10,100.00
78
1
5951
42,500.00
42,500.00
79
1
2006 Chrysler 300C, Brilliant Black Crystal Pearlcoat, Fully Loaded Power
Everything with Leather Interior, 5.7 liter HEMI V8, Borla Exhaust, K&N Air
Filter, Sun Roof, Wood Grain Trim, Multi-Level Adjustable Heated
2011 Centurion Enzo SV240 with Surf Rider Package, PCM ZR409 6.0L
409hp Motor w/ 3 Year Warranty, Computer Graphic Gelcoat, Gladiator
Tower Bimini, Stainless Steel Bling-Bling Package, Heater w/ 1 Hot Tube
2008 Audi A4 2.0T Sedan Featuring ABS Brakes, Alloy Wheels, Automatic
Transmission, Air Conditioning, AM/FM Stereo, Auxiliary Audio Input, CD
Audio, Cruise Control, Leather Seats, Overhead Airbags, Side Airbags,
Total
Tiger
Remarketing
Services
340
N.
Westlake
Blvd.,
#260
|
Westlake
Village,
CA
91362
|
800-‐758-‐8443
Fax:
805-‐497-‐2211
|
[email protected]
Retail
Buyer#
59,506.24
Pg. 4
Exhibit "C"
MARKETING
MATERIALS
Exhibit "C"
Email Blast
Exhibit "C"
(2) LIVE & WEBCAST AUCTIONS
By Order of Chapter 11 Debtor-in-Possession, Excess Equipment
No Longer Needed for Future Company Operations
COMMERCIAL ROOFING CONTRACTOR
(90+) Late Model Tractors, Trailers, Pickups & Service Trucks, Gradall & Pettibone
Hi-Reach Lifts, Roofing Equip. & Materials, Contractor Tools, Office Equip. & More
AUCTION: Tuesday, August 13 at 10:30am PT • LOCATION #1: 14275 Wicks Blvd., San Leandro, CA
PREVIEW: Sat, Aug. 10 & Mon., Aug. 12, 9am to 4pm PT
WEBCAST BIDDING ONLY: Tues., Aug. 13 at 10:30am PT • LOCATION #2: 9130 E Marginal Way S, Tukwila (Seattle), WA
VIEW ONSITE ON: Mon., Aug. 12, 9:00am to 4:00pm PT
AUCTION: Tuesday, August 20 at 10:30am PT • LOCATION #3: 17182 Armstrong Ave., Irvine, CA
PREVIEW: Sat., Aug. 17 & Mon., Aug. 19, 9am to 4pm PT
Bid Online at www.bidspotter.com
800-758-TIGER (8443)
www.SoldTiger.com
Auctioneer, Jeff Tanenbaum, CAI, Bond #FS294-36-28
TAUBER–
ARONS, INC.
888-648-2249
www.tauberaronsinc.com
Auctioneer, Tony Arons, Bond #MS 879236
MORE TIGER ONLINE AUCTIONS
August 15 – Highly Modified 1928 Ford Roadster Show Car • August 15 – Furnishings, Chrysler 300C & Centurion Boat
ORANGE COUNTY REGISTER
2-Column x 2”
Sunday, August 4
Case 9:12-cv-81311-DMM Document 213-3 Entered on FLSD Docket 09/30/2013 Page 10 of
65
Exhibit "C"
By Order of Chapter 11 Debtor-inPossession, Excess Equip. No Longer
Needed for Future Company Operations
(90+) Late Model Tractors, Trailers, Pickups & Service
Trucks, Gradall & Pettibone Hi-Reach Lifts, Roofing Equip.
& Materials, Contractor Tools, Office Equip. & More
AUCTION: Tuesday, August 13 at 10:30am PT
LOCATION #1: 14275 Wicks Blvd., San Leandro, CA
WEBCAST BIDDING ONLY: Tues., Aug. 13 at 10:30am PT
LOCATION #2: 9130 E Marginal Way S,Tukwila (Seattle), WA
LOCATION #3: 17182 Armstrong Ave., Irvine, CA
TAUBER–
ARONS, INC.
800-758-TIGER (8443)
888-648-2249
www.SoldTiger.com www.tauberaronsinc.com
August 15 – Highly Modified 1928 Ford Roadster Show Car
August 15 – Furnishings, Chrysler 300C & Centurion Boat
LOS ANGELES NEWSPAPER GROUP
1-Column x 2.25”
Sunday, August 4
65
Exhibit "C"
LOCATION #1: 14275 Wicks Blvd., San Leandro, CA
WEBCAST BIDDING ONLY: Tues., Aug. 13 at 10:30am PT
LOCATION #2: 9130 E Marginal Way S,Tukwila (Seattle), WA
LOCATION #3: 17182 Armstrong Ave., Irvine, CA
TAUBER–
ARONS, INC.
800-758-TIGER (8443)
888-648-2249
August 15 – Highly Modified 1928 Ford Roadster Show Car
August 15 – Furnishings, Chrysler 300C & Centurion Boat
LOS ANGELES TIMES
1-Column x 2.25”
Sunday, August 4
65
Exhibit "C"
LIVE AUCTION: Aug.13 at 10:30am PT, San Leandro, CA
WEBCAST AUCTION: Aug. 13 at 10:30am PT, Seattle, WA
LIVE AUCTION: Aug. 20 at 10:30am PT, Irvine, CA
Check Website for Locations & Inspections
TAUBER–
ARONS, INC.
800-758-TIGER (8443)
888-648-2249
Aug. 15 – Highly Modified 1928 &1937 Ford Show Cars,
Furnishings, 2006 Chrysler 300C & 2011 Centurion SV240 Boat
LOS ANGELES TIMES &
1-Column x 2”
Sunday, August 11
65
Exhibit "C"
LIVE AUCTION: Aug.13 at 10:30am PT, San Leandro, CA
WEBCAST AUCTION: Aug. 13 at 10:30am PT, Seattle, WA
LIVE AUCTION: Aug. 20 at 10:30am PT, Irvine, CA
Check Website for Locations & Inspections
TAUBER–
ARONS, INC.
800-758-TIGER (8443)
888-648-2249
Aug. 15 – Highly Modified 1928 &1937 Ford Show Cars,
Furnishings, 2006 Chrysler 300C & 2011 Centurion SV240 Boat
LOS ANGELES TIMES &
1-Column x 2”
Sunday, August 11
65
!
Exhibit "C"
Facebook Ad
SoCal Classified Network Ad
Google Ad
Boat for Sale Classified Line Ad
Auto for Sale Classified Line Ad
65
Exhibit "C"
AUCTION
CATALOG
65
PUBLIC
! AUCTION CATALOG
!
Exhibit "C"
By Order of Court Appointed Monitor, Case No. 12-81311-CIV-MIDDLEBROOKS
FINE FURNISHINGS & VEHICLES
High Quality Living & Dining Furniture
2006 Chrysler 300C, 2008 Audi A4 2.0T Sedan & 2011 Centurion Enzo SV240 Boat
Location 1 – 12716 Marquardt Ave. Santa Fe Springs, CA 90670
!
Online
Only Auction on Aug 15, 2013 | Auction Starts at 11:00am (PT)
Preview Schedule | Wed, Aug 14 from 10am to 4pm
Checkout Schedule | Fri Aug 16 from 9am to 5pm *By Appointment Only*
Location 2 – for the Audi A4 Only – 340 N. Westlake Blvd. Thousand Oaks, CA 91362
!Online Only Auction on Aug 15, 2013 | Auction Starts at 11:00am (PT)
Preview Schedule | Wed, Aug 14 from 10am to 4pm
Checkout Schedule | Fri Aug 16 from 9am to 5pm *By Appointment Only*
65
Welcome
Exhibit "C"
Thank you for your interest in participating in
Tiger's auction of the Fine Furnishings &
Vehicles.
Tiger is pleased to present this offering of
High Quality Living & Dining Furniture, 2006
Chrysler 300C, 2008 Audi A4 2.0T Sedan
and 2011 Centurion Enzo SV240 Boat.
We are confident you will find our online
bidding system user friendly and easy to
navigate, making the auction process simple
and engaging. If you have any questions
regarding the bidding system - from
registration to bidding and payment - please
contact our office at 800-758-8443.
Should you have any asset disposition or
valuation needs, please contact Tiger for a
confidential consultation.
Best Regards and Good Luck!
President
Tiger Remarketing Services
CONTENTS
I.
Important Reminders
II.
Inventory Catalog
III.
Tiger General Terms of Sale
IV.
Reseller Exemption Form for California
V.
Bank Letter of Guarantee
VI.
Shippers List
VII.
Agent Release Form
VIII.
Notes
65
Important Reminders
Exhibit "C"
REGISTERATION DEPOSIT:
• $300 authorization is placed on your credit card, which will place a 3-7 business day hold
on these funds.
PAYMENT DEADLINE:
• All payments are due by 12 pm on Friday, August 16th.
PAYMENT FORMS:
• Credit cards on file will be charged upon the completion of the sale. You may also pay by
cashiers check or wire transfer if you notify Tiger prior to close of auction.
PURCHASES OVER $10,000:
• Must be settled by cashiers’ check or wire transfer.
BUYERS’ PREMIUM:
• A 15% Buyer’s Premium will be added to the price of each item.
SALES TAX:
• All Taxes are applied at the end of the auction unless a reseller has notified Tiger prior to the
close of auction and qualifies for sales tax exemption. A buyer’s failure to qualify for
exemption does not waive its obligations to complete its purchase per the terms of sale.
VEHICLES:
• Buyer is responsible for sales tax, transfer and registration costs of all Vehicles direct with
the DMV including any back fees or penalties.
CHECKOUT SCHEDULE:
• Fri, August 16 from 9am to 5pm *Appointments are Mandatory*
Tiger attempts to provide lot information to buyers for guidance, where possible. However, all items
are sold 'As-Is, Where-Is', per the terms of the sale. Any Guidance provided is not intended to
substitute a buyer's responsibility to inspect items and arrive at their own determination of an
item's condition. Further, Tiger's inclusion or exclusion of item condition on one item should not be
used to infer the condition of another item.
65
Inventory Catalog
Lot No.
Qty
Exhibit "C"
Description
Lot No.
24
To be sold at 11:00am
1
2
Statues - Julius Caesar and Greek Goddess
2
1
Lot - Glass, Porcelain and Marble Decor, 4 Pcs.
3
1
4
1
Lot - (3) Clocks, Tin Guitar Wall Decor, Glass Fish
Wall Decor and Wooden Eagle, 6 Pcs.
5
2
6
2
Table Lams with Shade, Cream and Brown
7
1
Platinum Sound Subwoofer with (2) Speakers,
Model SWX1600, 3 Pcs.
Qty
1
Description
Lot - Candles, Nutcracker, Model Airplane, Jewelry
Box, Coasters and Black Lights, Approx. 17 Pcs.
Statues
- Julius
Caesar
and Greek Goddess
(Contents
of Bottom
Shelf)
1
2
225
11
3
1
4
25A
1
1
526
21
6
2
7
27
1
1
Lot - Fitness Equipment Including - Dumbbells,
ShakeLams
Weight,
Second
Abs and Brown
P90X DVD's
Table
withSix
Shade,
Cream
(P90X is Unopened)
Platinum Sound Subwoofer with (2) Speakers,
MasterSWX1600,
Forge LP Bar-B-Que
Model
3 Pcs.
Lot
Lot -- Glass,
Bathroom
Porcelain
Essentials,
and Marble
Close Hamper,
Decor, 4 Waste
Pcs.
Baskets, Storage Bin, Shower Head, Shower
Caddies, Toiletries, Shower Curtains, Bathroom
Rugs
and
More, Tin
Approx.
Pcs.
Lot
- (3)
Clocks,
Guitar50Wall
Decor, Glass Fish
Wall
DecorCaddy
and Wooden
Pcs.
Bathroom
- AboveEagle,
Toilet6(Disassembled)
8
2
Decorative Glass Vases (1) 16", (1) 11"
828
21
Round Patio
Table
with 2
Decorative
Glass
Vases
(1)Chairs
16", (1) 11"
9
1
Lot - Glassware (Margarita, Wine, Beer and
Drinking Glasses), Pitcher, Oil and Vinegar Bottles,
45 Pcs
929
11
1
10
1
Lot - Glassware Including - Dining Plates, Serving
Bowls and Cups, Black and Gold Striped, 19 Pcs.
30
Microfiber
Couch,
3-CushinWine,
Featuring
Lot
- Glassware
(Margarita,
Beer2-Reclining
and
Chairs, 84"
L
Drinking
Glasses),
Pitcher, Oil and Vinegar Bottles,
45
Pcs
Microfiber
Loveseat 2-Cushin Featuring 2-Reclining
10
31
Chairs,
62" L Including - Dining Plates, Serving
Lot
- Glassware
Bowls
Cups,
Coffeeand
Table
withBlack
Risingand
TopGold Striped, 19 Pcs.
11
1
Lot - Plates, Glassware, Butler Statue and
Porcelain Salt and Pepper Shakers, 26 Pcs.
1
1
11
32
12
1
Lot - Crystal Decanter, (10) Crystal Glasses and (4)
Spiegeau Martini Glasses, 15 Pcs.
33
11
Lot - Plates, Glassware, Butler Statue and
End Tables
Porcelain Salt and Pepper Shakers, 26 Pcs.
TV /- Console
Table
Lot
Crystal Decanter,
(10) Crystal Glasses and (4)
12
13
14
15
16
17
1
Lot - Pots, Pans, Cookie Sheets, Casserole Dishes,
Mixing Bowls and More, Approx. 24 Pcs. (Contents
of Box)
37
1
15
38
1
1
Cuisinart 15 Piece Knife Set with Counter Top
Holder and (1) Chicago Cutlery and (1) Good Cook
8" Chefs Knives
39
16
11
40
1
Hamilton Beach Stainless Steal Toaster and
Cuisinart Stainless Steel Electric Mixer
41
42
2
2
1
18
43
12
19
44
14
45
19A
11
20
1
1
Lot - (2) Wood Kitchen Prep/Storage Tables with (2)
Wood Mixing Bowls and Wood Cutting Board, 5
Pcs.
1
19
1
Breville Keurig Brewed Stainless Steel Beverage
Dispenser with 27 K-Cup Holder
1
Haier Wine Chiller
1
Lot - Shark Vertical Steam Iron, Black & Decker
Iron and Table Top Ironing Board
20
Dirt Devil AccuCharge Vacuum, Model 803424
21
22
23
1
1
1
2
1
18
19A
13
35
36
Lot - Kitchen Utensils, Pitchers, Drink Dispensers,
Tupperware, Wall Decor, Martini Shaker and More,
Approx. 65 Pcs. (Contents of 3 Boxes)
2
34
14
1
1
12
3
(2) Table Lamps, (1) Floor Lamp
2
Decorative Table Lamps, Bronze with Black Lamp
Shades
17
46
8
21
47
22
31
23
2
Spiegeau
Martini
Glasses,
Nesting Table
with
Storage15 Pcs.
Lot - Pots, Pans, Cookie Sheets, Casserole Dishes,
Casa Mollino Marble Top Pub Table, 41"W x 41"D
Mixing Bowls and More, Approx. 24 Pcs. (Contents
x 37"H, Model D543-12
of Box)
Casa Mollino Pub Chairs with Leather Seats, 25"W
Lot - Kitchen Utensils, Pitchers, Drink Dispensers,
x 24"D x 46"H
Tupperware, Wall Decor, Martini Shaker and More,
Casa Mollino
Console
Marble
Table, 54"W x
Approx.
65 Pcs.
(Contents
of 3Top
Boxes)
22"D x 35"H
Lot - (2) Wood Kitchen Prep/Storage Tables with
Queen
Bed
Frame
with and
Under
BedCutting
StorageBoard, 5
(2)
Wood
Mixing
Bowls
Wood
Drawers - (Disassembled)
Pcs.
Queen Bed
(Disassembled)
Cuisinart
15 Frame
Piece Knife
Set with Counter Top
Holder
and
(1)
Chicago
Cutlery
and (1) Good Cook
Dresser
8" Chefs Knives
Night Stands
Hamilton
Beach Stainless Steal Toaster and
Cuisinart
Dresser Stainless Steel Electric Mixer
Night Stands
Breville Keurig Brewed Stainless Steel Beverage
Bar Stools
Dispenser with 27 K-Cup Holder
Rowley
Creek
Dining Room Table w/ Leaf
Haier
Wine
Chiller
Extension, 96"L x 47"W x 31"H, Model D534-35
Lot
- Shark Vertical Steam Iron, Black & Decker
(Disassembled)
Iron and Table Top Ironing Board
Rowley Creek Ladder Back Arm Chairs, 43"H x
Dirt
Devil
AccuCharge Vacuum, Model 803424
23"W
x 25"D
27"Table
iMacLamps,
2.93GHz
(2)
(1)Quad-Core
Floor Lampi7 Processor, 8Mb
Shared level 3 Cache, 4 GB of 1333MHz DDR3
Decorative
Table
Lamps,
Bronze
with
Black Lamp
SDRAM with
Power
Supply,
Serial
Number
Shades
W80520JEGXU
Descriptions offered as a guide only. Please Inspect.
Bid thru Thu, Aug 15 Bidding Closes Starting at 11:00 am (PT)
www.SoldTiger.com
800-758-8443
24
25
25A
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
65
Inventory Catalog
Lot No.
Qty
Exhibit "C"
Description
Lot No.
Qty
Description
70
48
11
Oil on Canvas,
By Barrow,with
Canvas
Lexmark
Printer,Framed,
Model 4446-W01
Power
Measures
32"
x
30"
Supply
Framed
Print57I
with
Glasswith
Front,
Canvas Measures
Astra
Model
Phone
Plantronics
CS55
30" x 31"
Headset
48
1
Lexmark Printer, Model 4446-W01 with Power
Supply
49
1
Astra Model 57I Phone with Plantronics CS55
Headset
71
49
11
50
1
Logitech Z5500 Digital Speaker System with (4)
Speakers, (1) Center Channel Speaker and
Subwoofer
72
50
11
51
1
Vizio 42" LCD HDTV, 1080P Full HD, 3x HDMI
Inputs, Model VW42LFHDTV10A
52
1
Vizio 42" LCD HDTV, Model E420VL
53
1
Vizio 47" LCD HDTV, 1080P Full HD, SRS
TruSurround XT, Model SV470XVT1A
54
1
55
1
Phillips BluRay Player, Model BDP7200
55A
1
Lot - 36 DVDs, Including The Departed, Carol
Burnet Show, Monty Pythons Flying Circus and
More
56
1
57
73
1
51
1
1
74
52
Oil on Canvas,
Canvas System
Measures
33(4)
1/2" x
Logitech
Z5500Framed,
Digital Speaker
with
30 1/2", Artist
Unknown
Speakers,
(1) Center
Channel Speaker and
Subwoofer
Oil on Canvas, Framed, By Morgan Canvas
Measures
19 1/2"
x 23
1/2" Full HD, 3x HDMI
Vizio
42" LCD
HDTV,
1080P
Inputs,
Model VW42LFHDTV10A
Oil on Canvas,
Framed, By Morgan Canvas
Measures
19
1/2"
x 23
1/2" E420VL
Vizio 42" LCD HDTV,
Model
75
1
1
1
54
76
1
1
55
77
11
55A
1
Sony Wireless Headphones, Model, TMR-RF925R
with Charging Station
56
1
1
Lot - (3) Direct TV Boxes with Remotes, (1)
HD+DVR Box, (1) HD Box and (1) Standard Box
57
1
58
13
Artificial Plants, Trees and Flowers in Decorative
Pots and Vases, Various Sizes and Types
58
13
BID IS SUBJECT
TO MONITOR
CONFIRMATION**
Artificial
Plants, Trees
and Flowers
in Decorative
Pots and Vases, Various Sizes and Types
59
1
Area Rug, 7'6" x 9"10"
78
59
11
1
Area Rug, 7'10" x 9"10"
59A
1
60
1
Area Rug, 8' x 4'
60
1
61
2
Area Rug, 4' x3' and Runner, 8'
61
2
62
1
Lot - Towels, Rugs, Bedding, Pillows and More,
Contents of 6 Boxes, Approx. 50 Pcs.
62
1
63
1
Sentry Safe
63
1
64
1
Lot - Luggage and Travel Bags and Brief Cases, 4
Pcs.
64
1
65
1
Lot - House Hold Necessities Including - Hand
Tools (Screwdrivers, Adjustable Wrench,
Hammers), Office Supplies, Alarm Clock, Books,
Cleaning Supplies and More, Contents of 4 Boxes
Approx. 100 Pcs
65
79
1
1
2011Rug,
Centurion
Area
7'6" xEnzo
9"10"SV240 with Surf Rider
Package, PCM ZR409 6.0L 409hp Motor w/ 3 Year
Area
Rug, 7'10"
x 9"10"
Warranty,
Computer
Graphic Gelcoat, Gladiator
Tower
Bimini,
Stainless
Steel Bling-Bling Package,
Area Rug, 8' x 4'
Heater w/ 1 Hot Tube & 2 Outlets, Lenco Trim Tab,
Area
Rug,Speakers
4' x3' and
Runner, 8'
2 Tower
Wetsound
Pro 60-C Tower
Speakers,
MBRugs,
Qurartz
iPod Dock,
Custom
Stereo,
Lot
- Towels,
Bedding,
Pillows
and More,
Pro Ballast
Mid50
Side
Bags & Center
Contents
of Package
6 Boxes,(Dual
Approx.
Pcs.
Ballast), Enzo Bow Ballast System, Tandam Axle
Sentry Safe
Trailer w/ Disc Brakes, Hour Meter Reads 150
Hours
and Much
Purchased
for 4
Lot
- Luggage
andMore,
Travel
Bags andMay
Brief2011
Cases,
$103,000**PLEASE NOTE: AWARD OF HIGH BID
Pcs.
IS SUBJECT
TO MONITOR
Lot
- House Hold
NecessitiesCONFIRMATION**
Including - Hand
65A
1
65B
1
66
1
67
3
68
1
69
1
59A
1
Werner 6' 'A' Frame Ladder
65B
1
Master Portable Massage Table
66
1
Mirror, 34" x 31"
67
3
Wall Art, (1) Canvas Print, (2) Wood Boxes
68
1
Muhammad Ali Autographed and Framed Print, No
COA
69
1
Winston Churchill Print, Matted, Dated 1944
65A
53
Oil on Canvas, Framed, By T. Martin Canvas
Vizio 47" LCD HDTV, 1080P Full HD, SRS
Measures 39 1/2" x 29 1/2"
TruSurround XT, Model SV470XVT1A
Oil on Canvas, Framed, By T. Martin Canvas
Measures 23 1/2" x 23 1/2"
Phillips
BluRay300C,
Player,Brilliant
Model Black
BDP7200
2006 Chrysler
Crystal
Pearlcoat,
FullyIncluding
Loaded Power
Everything
with
Lot
- 36 DVDs,
The Departed,
Carol
LeatherShow,
Interior,
5.7 liter
HEMIFlying
V8, Borla
Exhaust,
Burnet
Monty
Pythons
Circus
and
K&N Air Filter, Sun Roof, Wood Grain Trim,
More
Multi-Level Adjustable Heated Captains Chairs,
Sony Wireless Headphones, Model, TMR-RF925R
Dual Climate Control, Blue Tooth Ready, Adjustable
with Charging Station
Pedals, Boston Acoustics Speakers, Odometer
Lot
- (3)40,280
Direct Miles,
TV Boxes
Remotes, (1)
Reads
VIN:with
2C3KA63H06H450976,
HD+DVR
Box, (1) HD Box NOTE:
and (1) AWARD
StandardOF
Box
Plate: HWCOM**PLEASE
HIGH
2008 Audi
A4 2.0T Sedan
Featuring
ABS Brakes,
Tools
(Screwdrivers,
Adjustable
Wrench,
Alloy Wheels,
Automatic
Transmission,
Hammers),
Office
Supplies,
Alarm Clock,AirBooks,
Conditioning,
AM/FM
Auxiliary Audio
Input,
Cleaning
Supplies
andStereo,
More, Contents
of 4 Boxes
CD Audio,
Cruise
Approx.
100
Pcs Control, Leather Seats, Overhead
Airbags,6'Side
Airbags,
Power Locks, Power
Werner
'A' Frame
Ladder
Mirrors, Power Seat(s), Power Windows, Rear
Master
Portable
Massage
Table
Defroster,
Sunroof,
Traction
Control, Turbo
Charged Engine. Engine: EPA Mileage (city/high)
Mirror, 34" x 31"
21/30, 4 Cylinders, 2.0L Engine Displacement,
Wall
200Hp
Art,@5100
(1) Canvas
RPM,Print,
All Scheduled
(2) Wood Maintenance,
Boxes
Always Garaged, Excellent Condition, Never Seen
Muhammad Ali Autographed and Framed Print, No
Snow, Non-Smoker, Very Clean Interior and Well
COA
Maintained**PLEASE NOTE: AWARD OF HIGH BID
Winston
Churchill
Print, Matted,
Dated 1944
IS SUBJECT
TO SELLER
CONFIRMATION**
Descriptions offered as a guide only. Please Inspect.
Bid thru Thu, Aug 15 Bidding Closes Starting at 11:00 am (PT)
www.SoldTiger.com
800-758-8443
70
71
72
73
74
75
76
77
78
79
65
!
General
Terms of Sale
All items offered for sale at the Auction ("Items", "Property", "Product", "Purchases") are offered by Tiger
Remarketing Services ("Auctioneer"), as Seller'sExhibit
agent, "C"
subject to the following Terms and Conditions of
Sale, which, combined with each Auction’s Terms of Sale, specific to the Auction (the “Auction Terms”), as
posted in materials and on the web or as announced by Auctioneer at the time of sale, make up the
Complete Terms and Conditions of Sale.
1. Registration, Deposit and Payments.
All persons (referred to as a “Buyer”) must register to become eligible to bid and provide complete and
accurate information as required by Auctioneer.
On-site Buyers: will be required to pay and or show proof of an initial deposit (as posted specific to the sale)
to receive a Bidder’s Number. This deposit will be refunded upon request and provision to Auctioneer of
Buyer's deposit receipt, provided no purchases are made. Deposit refunds must be claimed within 30 days
of the date of the auction.
Online Buyers: At the time of registration, all online Buyers’ are required to provide a Deposit. Buyer may
either (i) Provide Auctioneer with a Credit Card at which time Auctioneer shall authorize the provided credit
card for a minimum amount as provided in the Auction Terms, or (ii) Provide Auctioneer with funds in an
agreed upon amount by wire transfer no less than 24 hours prior to the Auction.
Prior to the Auction, Buyer is responsible to contact and make deposit arrangements with the Auctioneer if
planning on bidding over $10,000.
Upon Buyers’ successful award of bid, Buyer shall be immediately responsible for 25% of their total
purchases as a non-refundable deposit (the “Deposit”), in one of the accepted forms of payment as
designated below or in the Auction Terms. Buyers who have provided a credit card for the initial deposit
hereby authorize Auctioneer to charge their credit card for the 25% deposit. Auctioneer’s election not to
collect the 25%, pending full payment, does not waive Buyer’s obligation to such amount in the event of
default, nor does it waive Auctioneer’s right to process Buyer’s credit card for the 25% at a later date.
All Deposits and Payments must be made in the form of cash, cashier’s check, cash equivalent, wire
transfer, business checks accompanied by a bank letter of guarantee or other certified funds made payable
to Tiger Remarketing Services. Visa and MasterCard credit cards will be accepted for online sales and may
be accepted at live sales as specified in the Auction Terms. Buyers paying by credit card hereby waive their
rights to chargeback. Credit Card authorizations will place a 3-7 day hold on funds with Buyer’s credit card
company.
Signed business checks will be accepted only if accompanied by a bank letter, drawn on a bank which is
acceptable to the Auctioneer, which states that the bank will guarantee payment up to a specified amount
(this letter must contain the words “guarantee payment”). Signed checks delivered to the Auctioneer by
Buyer, omitting the dollar amounts will be completed and deposited by Auctioneer at the conclusion of the
auction sale.
Unless otherwise posted, full payment is required by 12:00 noon on the day following the Auction.
Unless alternative arrangements have been acknowledged and accepted by Auctioneer prior to the
conclusion of the Auction, Online Buyers hereby authorize Auctioneer to process the payment for the
balance of their purchases using the credit card provided.
65
!
General
Terms of Sale
All Deposits and Payments must be made in U.S. Dollars. IRS regulations require us to report all cash
Exhibit
"C"any one purchaser for one transaction or two or
payments, as defined by the IRS, exceeding $10,000
from
more related transactions.
2. Buyer’s Premium. A Buyer’s premium will be added to the price of each item purchased. See each
sale’s auction listing on the tigergroupllc.com website for the specific buyers’ premium rate to be charged.
3. Taxes. When required by law, Auctioneer shall collect and Buyer shall pay all sales/use taxes or other
applicable taxes, which will be added to the purchase price, including the buyers’ premium, on all purchased
items. PRIOR TO THE CLOSE OF THE AUCTION, Buyers who purchase for resale must fax or email to
Auctioneer documentation to prove their exemption status, including, but not limited to, their resale permit
and a completed and signed resale certificate, without which all applicable taxes will be charged by
Auctioneer. Buyers purchasing from out-of-state are required to provide a Bill of Lading proving that the
purchases are being transported directly out-of-state by a common carrier. Sales/use taxes will be refunded
in full to Buyers who prove their qualified exemptions as described above at the time documentation deemed
acceptable by Auctioneer is received by Auctioneer, provided such information is submitted within 7 days of
the auction closing. Tiger reserves the right to reject any claim for sales tax exemption that it believes to
be insufficient to satisfy the scrutiny of the applicable taxing authority. Buyer’s obligation to make
payment, in full, for all items purchased, is not contingent upon or subject to any determination by Tiger
regarding Buyer’s sales/use tax exemption status or the timely notice in which Buyer’s sales/use tax
exemption status is provided to the Buyer. Additional information and forms regarding sales/use tax are
available at www.tigergroupllc.com/salestax.
4. Bidding. Auctioneer reserves the right to add to, group, withdraw, re-catalog items in this auction, or to
sell in any order Auctioneer deems suitable, as well as adjust minimum bids and/or reserve prices and
extend or shorten closing times. In the event there is a dispute between two or more claims of entitlement
as the successful bidder, Auctioneer reserves the right to re-auction the item in dispute. Auctioneer reserves
the right to hold all bulk bids in abeyance and at the conclusion of the auction or after the offering of a
specific item, to accept either the bulk bid or the aggregate of the individual bids received during the auction,
which ever is higher. Auctioneer reserves the right to reject any bid which is only a fractional advance over
the preceding bid or which is not commensurate with the value of the lot. Some of the items offered may be
subject to a reserve price (minimum allowable selling price).
Buyers participating online are responsible to confirm submittal of online bids for accuracy. When offered,
Internet bidding is provided via a 3rd Party Bidding System. Under no circumstances shall Buyer hold
Auctioneer liable for system failures resulting in Buyer’s bid not being properly submitted. All bidding and
subsequent transactions shall be in U.S. dollars.
5. Representations. Auctioneer makes every effort to provide accurate information about the items being
sold; however in no other way is accuracy of same guaranteed by Auctioneer. Neither Auctioneer, nor Seller,
nor its Client will assume responsibility for Buyer’s bidding errors. It is Buyers’ full responsibility to confirm
the accuracy of items offered for sale. Buyers are recommended to inspect all items. When provided,
descriptions and photos are offered as a guide only. In certain cases, a photo of like product may be used to
represent several different lots. Photos may also capture nearby items not listed as part of the lot. Do not
rely solely on photos to make buying decisions; be sure to read descriptions. Auctioneer shall not be held
responsible for such errors as posting the wrong photo for an item. When in doubt about the condition of an
item, please bid accordingly.
6. All Sales are Final. A successful bid at auction, whether live or online, constitutes acceptance of the
Terms of Sale and is a legally binding contract of sale. All sales are final. There will be no refunds, returns or
exchanges.
65
!
General
Terms of Sale
7. Removal of Items Purchased. See Auction specific information regarding removal dates, deadlines and
Exhibitthe"C"auction sale. Checkout will be scheduled by
conditions. No checkout will be permitted during
appointment only. All purchases must be paid in full before an appointment can be scheduled or items will
be released from the premises. Buyers without an appointment will be required to wait for the next available
checkout clerk. Buyer is solely responsible to pickup its purchases within the timeframes provided. Buyer
must provide its invoice at time of pickup. All items must be removed by Buyer at its’ own risk and expense
and in compliance with all applicable laws, regulations or ordinances. In the event Buyer requires shipment
of its purchases, Buyer is responsible to arrange to have its purchases packed, insured and shipped, and
shall accept full responsibility for any damages, losses, acts or omissions once Buyer's representative
removes purchases from the sale site. In the event Auctioneer assists Buyer with this process, it does so as
a courtesy, and shall assume no responsibility for damages, losses, acts or omissions of any packer or
carrier, whether or not such packer or carrier is recommended by Auctioneer. Quantities should be checked
by Buyer or their Agent before removal of items. No allowances will be made for claims or shortages once
items are removed from the auction premises. Any packaging materials provided by Auctioneer, or
assistance in packaging items by Auctioneer are provided as a free service and courtesy to
Buyers. Auctioneer is under no obligation to provide such materials or services, and in no event will be liable
for damage to Buyer's purchases regardless of cause.
Auctioneer requires Certificates of Insurance from any purchaser or their agents that will be removing items
which require rigging, moving, dismantling, cutting, grinding, cutting or disconnecting electrical or plumbing
utilities, use of any type of vehicle or material handling equipment, or based on special circumstances as
determined exclusively by Auctioneer. All Certificates of Insurance, must be properly completed, list all loss
payees, as required by Auctioneer and must evidence general liability insurance at a minimum of $1 million
per occurrence, auto liability at a minimum of $1 million per occurrence and workers compensation
insurance at statutory limits.
8. Failure to Remove Purchases. In the event items are not removed in the timeframes allotted, the items
purchased shall be deemed abandoned and Buyer will lose any right, title or interest Buyer may have
acquired and the items shall revert and repossess to Auctioneer without further notice to Buyer. Auctioneer
shall also be entitled to any costs associated with the removal, storage and reselling of Buyer's items, and
any other charges, fees, and expenses incurred as a result of Buyer's failure, including all attorney fees and
costs incurred by Auctioneer to enforce Buyer’s obligations hereunder.
9. Failure to Pay. In the event Buyer fails to pay the entire purchase price by the payment deadline,
Auctioneer may retain and/or recover, upon demand, from Buyer the required Deposit per Paragraph 1 as
liquidated damages for such failure. In addition thereto, Auctioneer may, at its discretion, either resell
Buyer's items at a public or private sale without further notice to Buyer and/or dispose of the item at Buyer
sole expense. Any difference between the bid price for an item by the defaulting Buyer and the price
received by Auctioneer at a resale shall be paid to Auctioneer by the defaulting Buyer. In addition, a
defaulting Buyer shall be deemed to have granted Auctioneer a security interest in the item, which
Auctioneer shall retain as collateral security for Buyer’s obligation to Auctioneer.
10. Non-Delivery. Until such time as purchased items are removed from the premises by the Buyer,
Auctioneer shall have the right to cancel or void the sale of any such items purchased by Buyer. Auctioneer
shall have no liability to Buyer due to the non-delivery of any purchased item other than the return of Buyer’s
deposit for a canceled or voided sale item. No claim of any kind for purchased items, whether or not based
on negligence, shall be greater in amount than the purchase price paid by Buyer.
11. Absence of Warranties. The condition of the items being offered varies. The Buyer understands and
agrees: (1) that any description or sample of the items given or furnished by Auctioneer is solely for
identification, and does not create any warranty expressed or implied, that the item actually conforms to
65
!
General
Terms of Sale
such description or sample, (2) that Buyer or agent on Buyer’s behalf has inspected or has had the
Exhibit
"C"will be bidding and/or does purchase, (3) that all
opportunity to inspect, all of the items upon which
Buyer
items are purchased and accepted by Buyer “AS IS”, “WHERE IS” and “WITH ALL FAULTS”. AUCTIONEER
MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER WHETHER WRITTEN,
ORAL OR IMPLIED AS TO QUALITY, QUANTITY, CONDITION, USABILITY, SALABILITY, WEIGHT,
MEASUREMENT, YEAR, MODEL, MECHANICAL CONDITION, PERFORMANCE, OR OTHER
SPECIFICATIONS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR WARRANTY AGAINST PATENT, TRADEMARK, COPYRIGHT OR TRADE
SECRET INFRINGEMENT, (4) in the event there are manufacturer warranties in effect for the item purchased,
Buyer must make all claims hereunder directly with the provider of the warranty. No statement or statements
of any other paragraph herein shall be construed to in any way contradict the provisions of this paragraph.
12. Appropriate Rights and Clearances Not Included. All items are sold by Auctioneer without any
corresponding grant of rights or clearance from any third parties. Since some of the items may, if
commercially used, infringe third party rights, Buyer acknowledges and agrees that it shall be solely
responsible for acquiring all appropriate rights and clearances from all third parties. Such rights and
clearances include, but are not limited to, third party copyright, trademark, patent, trade secret, and privacy
rights.
13. Buyer’s Responsibility. Upon the Auctioneer's declaration of an item as "Sold", title to the offered lot
shall pass to the Buyer, subject to Buyer's full payment, who shall forthwith assume full risk and
responsibility for the lot. Buyer is solely responsible to provide any personnel, equipment or material needed
to pick up items purchased and shall assume all responsibility for the removal of any item purchased at the
sale and any and all risks associated with such removal including, without limitation, the responsibility for
providing licensed, qualified and bonded professionals to ensure proper water, gas and/or power
disconnection, and to leave the sale site in a safe condition, undamaged by the removal process. Auctioneer
retains the right to prohibit and stop the ongoing removal of any item, by a Buyer, which Auctioneer, at its’
sole discretion, determines is not being removed in a professional and reasonable manner.
14. Hazardous Materials. Buyer agrees that in the event any purchased items contain environmental
hazards, toxic waste or other type of hazardous material in any form whatsoever, Buyer shall provide
evidence that Buyer or its representatives are licensed for such removal and shall comply with all applicable
local, state and/or federal rules, laws and regulations. Auctioneer, its agents or representatives shall not be
responsible for its containment, storage or removal. Buyer shall indemnify, defend and hold Auctioneer
harmless with respect to all costs, expenses, liabilities, damages or claims, including attorneys’ fees,
asserted by any person, entity or governmental agency or against Auctioneer directly or indirectly relating in
any manner to any hazardous or toxic materials which may be regulated under applicable laws, rules or
regulations and which relate in any way to the dismantling and removal of any purchased item. Auctioneer
shall in no event be obligated to sell any item which contains any hazardous materials or to incur any costs
or expenses relating in any manner, either directly or indirectly to any hazardous materials. Buyer shall be
responsible for any and all remediation costs relating to the dismantling and removal of any purchased item
containing hazardous materials.
15. Acts of Others. All persons entering the Auction premises acknowledge that an auction site is a
potentially dangerous place, which includes the operation of equipment and access to certain lots and areas
that may be inherently dangerous. Every person, which includes, but is not limited to the Buyer, as well as
Buyer’s representatives, agents and associates, who enter the auction site, before, during and after the
auction sale shall be deemed to be there at their own risk with notice of the condition of the premises, the
activities on the premises and the conduct of any third parties and shall so advise their agents, employees
and associates. No person shall have any claim against Auctioneer, seller or their respective agents,
employees or principals for any injuries sustained nor for damages to or loss to persons or property which
65
!
General
Terms of Sale
may occur from any cause whatsoever. Auctioneer, its agents, its employees or representatives shall not be
Exhibitof
"C"
liable by reason of any defect in or about the condition
the premises on which the auction is held. Buyer
specifically releases Auctioneer, its agents and representatives from all liability thereof.
16. Limits of Liability. In no event shall Auctioneer’s liability to Buyer exceed the purchase price actually
paid for an individual item or lot. A Buyer’s claim shall be limited to the amount paid for the merchandise,
and shall not extend to any obligation, risk, liability, right, claim, remedy for loss of use, revenue or profit,
liability of Buyer to any third party, personal injury, or any other direct, indirect, incidental or consequential
damages. Buyer further acknowledges that each item it purchases at the sale represents a separate
transaction, and that no one transaction shall be conditioned upon another transaction. Buyer hereby holds
Auctioneer harmless from: (1) the acts or omission of any party who provided any items to Auctioneer for
sale, (2) the acts or omission of the owner or Lessor of the auction site or the site where the auctioned items
are stored, (3) any claims Buyer may have against Auctioneer, Auctioneer’s client(s) or any former owner of
the property being sold, (4) Buyer’s failure in any way to properly inspect items and/or fulfill its obligations
per the terms and conditions of the sale, as indicated within this document or as announced by Auctioneer
at the time of sale. In the event Buyer provides a deposit or payment using a Credit Card, Buyer
acknowledges that it is purchasing under the As-Is, Where-Is terms of the auction and that Buyer shall waive
all rights of charge back based on any claims of misrepresentation, non-delivery or non-performance.
17. Right of Removal. Auctioneer reserves the right to remove any person from the auction site and to
refuse that individual’s bid, whether offered live, by proxy or by Internet.
18. Indemnification. Buyer shall indemnify, hold harmless and defend Auctioneer, Seller, owners and
building owners from and against any and all losses, damages, liabilities and claims, including attorney fees,
costs and expenses arising out of based upon or resulting from: (1) failure to secure all safety equipment and
to meet all applicable government safety standards in removing items purchased or used by Buyer, (2) failure
to comply with safety instructions issued to Buyer from Auctioneer, (3) any act or omission of Auctioneer,
owners, building owners or their respective agents, representatives or employees, relating to or affecting the
items bid on or purchased by Buyer, (4) the claim of any third party claiming or challenging title to any items
purchased by Buyer or claiming infringement of any proprietary interest, (5) the claim of any person resulting
from Auctioneer offering for sale or selling the items purchased by Buyer, (6) any injury to Buyer or any other
person or property of any type whatsoever caused during the inspection, dismantling, removing or
transporting of items purchased by Buyer.
19. Bidder’s Number. The bidder’s number is nontransferable. All bids made using the bid number will be
the responsibility of Buyer.
20. Governing Law. The validity, construction and performance of these Terms of Sale shall be governed
by the substantive law of the State of California as applied to agreements among California residents entered
into and to be performed entirely within California, without giving effect to its conflict of laws provisions. The
prevailing party shall be entitled to reimbursement by the losing party of all statutory and non-statutory costs
and expenses, including, but not limited to, all of its attorney fees.
21. Severability. If any provision of these Terms of Sale is deemed to be illegal, invalid, or unenforceable,
the legality, validity, and enforceability of the remaining parts shall not be affected.
65
Exhibit "C"
65
Sample Bank Letter of Guarantee
(Must be on Official Bank Letterhead and contain a Wet Signature; copies will NOT be accepted)
Exhibit "C"
Date:
Re: (Bidder’s Full Name)
To Whom It May Concern:
This letter will serve as your notification that (Bank Name) will irrevocably honor and guarantee payment
for a period of (30) thirty days for (Check Number) written by (Customer’s Name) up to the amount of
(Amount Guaranteed) and drawn on (Customer’s Account Number). This guarantee is for the purpose
of our customer’s purchases on (Auction Date) from Tiger Remarketing Services located at:
340 N. Westlake Blvd. #260 Westlake Village, CA 91362.
Sincerely,
Name of Bank Representative
Title of Representative
Bank Telephone Number
Bank Representative’s Signature
65
rd
3 Party Shipping Companies
The following companies are provided to assist you to make arrangements for the removal of your
Exhibit
"C" below, nor are they affiliated with Tiger.
purchases. Tiger does not endorse the companies
provided
The referral to a 3rd Party Shipping Company in no way alters:
(1) Your responsibility for timely removal of your auction purchases
(2) Your obligations to the terms and conditions of the sale.
Local & Nationwide
NATIONWIDE
American Relocation & Logistics
562-824-3467 800-831-0030, ext. 17
Kyle Fulmer
[email protected]
SOUTHERN CALIFORNIA
Postal Pack n Ship
818-240-2448
Robert McEvilly
[email protected]
Packaging Store
818-956-1137
Emery Minger
[email protected]
Auto Transport
Luckys Auto Transport
310.345.3347
Cesar
[email protected]
Nationwide Only
Freight Logistics
Jeff Gruidel
[email protected]
800-575-3346 Ext. 204
www.freightlogisticsinc.com
Please be certain to download an ‘Agent Release Authorization’ form from the Tiger site for use when
retaining any 3rd party to pickup your purchases.
65
Agent Release Authorization
If someone other than the registered bidder will be removing equipment, please complete this form to
Exhibit "C"
designate an AUTHORIZED AGENT.
I, ________________________________________, _________________________________ authorize
(Bidder’s Name)
(Bidder’s Company)
Tiger Remarketing Services to release all items purchased by me (the bidder) from the referenced sale,
to:______________________________________, _________________________________ (“Agent”),
(Agent’s Name)
(Agent’s Company)
and hereby authorize Agent to act as my attorney-in-fact with the limited power of attorney to execute
any and all documents on my behalf, including but not limited to, invoices, terms and conditions and
bills of lading pertaining to the purchase and removal of my sale purchases.
I further acknowledge and agree to the following:
•
Items will not be released until my invoice is paid in FULL.
•
Items will not be released until Agent signs all necessary documents on my behalf, including terms
acknowledgements and invoice(s).
•
Items subject to this release were purchased by me per the previously agreed to terms of sale,
which included but were not limited to the following: all items are sold ‘As-Is, Where-Is’ and “With
All Faults”; all sales are final; and there will be no refunds, returns or exchanges.
•
It is my responsibility to ensure my agent is familiar with the items to be removed and that I release
Tiger from ANY responsibility for Agent’s failure to properly or completely remove items. I also
acknowledge that I may be responsible for the cost to dispose or resale any items left behind or
abandoned by Agent.
Sale Name: _________________________________
Sale Date: __________________
Bidder Name: _______________________________ Bidder Number: ______________
Company:___________________________________
Signature:___________________________________
65
Notes:
Exhibit "C"
65
Exhibit "C"
!! !
Beyond Qualified.
Value Wise | Tiger’s depth of knowledge and breadth of experience
ensure you’ll receive smart – and proven – solutions to your complex
business needs. With active projects throughout North America, Tiger
maintains vital intelligence on conditions and opportunities in all
markets, from coast to coast. And when it comes to valuations, you’ll
benefit from the most informed and precise analysis, representing the
highest possible value for your assets.
VALUATIONS
Billions of Dollars Appraised
Consumer | Industrial Inventories
Retail Inventories
Machinery | Equipment
Commodities
For Immediate Solutions,
Capital Strong | We combine more than 40 years in valuations,
Contact:
dispositions and liquidation advisory with substantial financial backing –
providing the collective expertise, leadership and resources you need, in
a team nimble enough to keep pace with your every move. With billions
of dollars in successful transactions completed and hundreds of millions
in available capital, Tiger will help you act quickly, decisively and wisely.
ADVISORY
Solutions Savvy | Tiger has disposed of billions of dollars of retail,
Complex Problem-solving
wholesale and industrial assets and real property. Our experience allows
us to bring smart sale solutions to companies facing challenging
situations or to those simply looking to turn idle inventories and assets
into cash. Tiger’s disposition team combines creative sales strategies
with cost-effective plans to maximize market exposure. We also
collaborate with our valuation group to provide solid asset intelligence.
The result is a maximum net recovery and quick results.
Merger & Acquisition Support
Northeast | Midwest
Jason Rae
617.523.7022
[email protected]
East | Southeast
Mike Aho
617.523.5864
[email protected]
West
Rick Briggs
805.497.8900 xt. 8953
[email protected]
Auction/Remarketing Services
Michelle Salazar
805.497.4999
[email protected]
Asset Intelligent | The world moves quickly – but so do we. With an
entrepreneurial approach and over 40 years of proven experience, Tiger
is an expert resource to help you maximize value for your company.
Whether you’re seeking advisory, valuation or disposition services, our
seasoned professionals and integrated team will work as a partner to
deliver intelligent and innovative solutions that achieve your goals.
40 Years of Experience
Liquidation Advisory
!
!
DISPOSITION
Billions of Dollars of Assets Sold
Store Closing Events
Live and Online Auctions
Surplus Product Placement
Excess Equipment Solutions
!
Main Offices:
888.55.TIGER (888.558.4437) | www.TigerGroupLLC.com
Los Angeles | Boston | New York
65
Exhibit "C"
EXPENSE
SUPPORT
65
Exhibit "C"
Case 9:12-cv-81311-DMM Document 213-3 Entered on FLSD Docket 09/30/2013
34 of
CrewPage
Timesheet
65
Exhibit "C"
Name
Role
Perdiem
Days
Rate
Total
Setup
Zak Koontz
Site Manager
1
$350.00
$350.00
Greg Esquerre
Support Staff
1
$200.00
$200.00
$0.00
$0.00
$0.00
Total
$550.00
Preview
Willy Saravia
Site Manager
1
$350.00
$350.00
Keenan Madison
Support Staff
1
$200.00
$200.00
$0.00
$0.00
Total
$550.00
Checkout
Zak Koontz
Site Manager
1
$350.00
$350.00
Natanael Lagos
Support Staff
1
$200.00
$200.00
Keenan Madison
Support Staff
1
$200.00
$200.00
$0.00
Total
$750.00
Possession/Move of Vehicle & Condo
Zak Koontz
Site Manager
1
$350.00
$350.00
Milad Zarandi
Site Manager
1
$350.00
$350.00
$0.00
$0.00
$0.00
$0.00
Total
$700.00
65
Exhibit "C"
65
Exhibit "C"
65
Exhibit "C"
65
Exhibit "C"
-cv-81311-DMM Document 213-3 Entered on FLSD Docket 09/30/2013 P
65
Exhibit "C"
65
Exhibit "C"
65
Exhibit "C"
65
Exhibit "C"
65
Exhibit "C"
65
Exhibit "C"
65
Exhibit "C"
65
Exhibit "C"
SALE
PLAN
65
Auction Services Proposal
Hunter Wise Commodities
Presented To:
Melanie E. Damian, Receiver
Presented By:
Zak Koontz, Project Manager
Exhibit
"C"
Plan Overview
Sale Format
Online bidding with onsite viewing
Sale Date
30 Days from Sale Authorization
Viewing Location
Relocated to 13565 Larwin Circle Santa Fe Springs, CA 90670
Bid Location
www.SoldTiger.com
Subject Assets
Home furnishings currently located at 9 MacArthur Place, North
Tower, Unit#2205 Santa Ana, CA 92707, including but not limited
to: living, dining and bedroom furniture, televisions and computer
and 2007 Chrysler 300 & 2010 Centurion Boat
- Newspaper
Marketing
- Internet & Email
- Press Releases
Recovery Estimate
$28,000 to $37,000*
Not including buyers' premium
Estimated Estate Costs
$8,820
Direct expenses billed at cost
Estimated Net Recovery
$19,180 to $28,180
Not including buyers' premium
Sale Timeline
- 30 Days
Auctioneer Employed
Asset Relocation - Santa Ana to Santa Fe Springs
- 25 Days
Marketing Begins
- 20 Days
Asset Preparation Begins
- 7-10 Days
Items Posted Online
- 1 Day
Inspection
-
Sale Day
+ 1 Day
Checkout & Collections
* Tiger's value is based on estimates of assets taken during its visit of the residence as well as its estimate of
the Chrysler 300 and Centurion Boat. A more detailed inspection of the car and boat may reveal a variation in
this opinion of value.
340 N. Westlake Blvd., #260, Westlake Village, CA 91362 | 800.758.8443
Page 1
65
Labor Expenses
Expense Category
Detail Exhibit
"C"
Setup
Asset Prep, Tagging, Photo Catalog
900.00
Preview & Auction Day
1 Day Preview
350.00
Checkout
1 Day Removal
350.00
Other
N/A
Security
Preview / Checkout
$
400.00
Subtotal
2,000.00
Marketing Expenses
Expense Category
Detail
Newspaper
Local Market Auction/Classified
Trade Publications & Online
Trader Websites
Email / Internet
Internal Email & Purchased Lists
Other
Agency Fees
$
1,500.00
500.00
1,500.00
850.00
Subtotal
4,350.00
Other Expenses
Expense Category
Detail
$
Supplies
Catalogs, Lotting Materials, etc.
Online Bidding Service
N/A
FedEx
Printing & Delivery
Miscellaneous
Miscellaneous & Unexpected
Moving
Moving
Storage
Storage Per Month
300.00
Insurance
Insurance / Per Month
145.00
Credit Card Fees
Responsibility of Auctioneer
-
Online Bidding Fees
-
Administration
-
Customer Services
-
50.00
75.00
250.00
1,650.00
Subtotal
TOTAL NOT TO EXCEED
2,470.00
$
8,820.00
- All expenses are passed through at cost and will not exceed the amount indicated.
- Costs associated with moving and storing the car and boat have not been factored into the
expenses above but are estimated to be approximately $250 per vehicle transport and $250 per
vehicle storage month. The transportation costs can be eliminated if the items are delivered by the
debtor.
Page 2
65
Compensation Options
Structure
Fee For Services
Exhibit
Details
"C"
0% Seller's Commission
Auctioneer shall charge a 15% Buyers' Premium*
Expense Reimbursement
* Tiger will charge the purchasers a 15% buyers premium as its compensation. The premium will be
remitted to Trustee along with the sales proceeds and paid to Tiger with the expense reimbursement
following Trustee’s received and approved Auctioneers Settlement Report.
Recovery Analysis
Low
High
28,000.00
37,000.00
-
-
Estimated Sale Expenses
(6,870.00)
(6,870.00)
Estimated Moving & Storage
(1,950.00)
(1,950.00)
19,180.00
28,180.00
68.5%
76.2%
Sale Projections*
Commission
Estimated Net Recovery
* Tiger's value is based on estimates of assets taken during its visit of the residence as well as its
estimate of the Chrysler 300 and Centurion Boat. A more detailed inspection of the car and boat
may reveal a variation in this opinion of value.
* There will be a mutually agreed upon reserve sale price set forth on the car and boat, based upon
market research, value and current demand. In the event the car and boat do not sell for the
reserve amount, Tiger shall be entitled to seven and a half percent (7.5%) of the highest bid.
Page 3
65
Service Description
Exhibit "C"
Auctioneer will assist in identifying marketable assets
Auctioneer to coordinate moving and storage of the assets
Auctioneer will provide a marketing write-up for client approval
Auctioneer will organize, tag, photograph and otherwise prepare assets for sale
Auctioneer will market the sale aggressively using a variety of medium
Auctioneer will respond to sale inquiries and manage transactions
Auctioneer will post sale details to network auction websites
Auctioneer will send (2) eblasts announcing the sale
Auctioneer will staff and manage inspections and provide asset catalogs
Auctioneer will register bidders, obtaining deposits and a terms acknowledgement
Auctioneer will manage deposit taking and collections with 24 hours of sale
Auctioneer will oversee the pickup and removal process
Auctioneer will provide a marketing report detailing promotions and activity
Auctioneer will provide a comprehensive sale report detailing income & expenses
Service Terms
Seller shall have the right to convey free, clear and unencumbered title to the assets
Auctioneer will be the exclusive agent to sell the assets
Auctioneer will not incur expenses on Seller's behalf unless agreed to prior to expenditure
The sale will be without limit and without reserve
Auctioneer shall establish appropriate opening bids based on its expert judgment
All items will be offered in "As-Is, Where-Is" condition
Auctioneer will require bidders to post an appropriate deposit as a prerequisite to bid
Auctioneer will require bidders to agree to comprehensive terms as a prerequisite to bid
Auctioneer will accept from buyers the following forms of payment: credit cards, cashiers’
checks, guaranteed checks, wire transfers and cash for Property sold.
Auctioneer will provide to Seller an Auctioneers Report within 21 days of the auction,
including:
- List of items sold; - Price of each item sold; - Buyer of each item sold; - Gross proceeds of
sale
Auctioneer will provide to Seller the following additional documents in the Auctioneers
Report:
- Settlement Summary Report; - Expense Itemization Report;
- Copies of Marketing Materials; - Expense Receipts
Page 4
65
About Tiger
Exhibit
"C"Services, LLC, a Massachusetts Limited
Tiger Remarketing Services is a dba of Tiger
Valuation
Liability Company. Tiger Remarketing Services, Tiger Valuation Services, Tiger Capital Group and
Daley-Hodkin combine to make-up the Tiger Group. Tiger Remarketing Services' primary operations
offices are located in Los Angeles and New York.
Tiger Group provides advisory, valuation, disposition and auction services within a broad range of
retail, wholesale, and industrial sectors. With over 40 years of experience and substantial financial
backing, Tiger offers a uniquely nimble combination of expertise, innovation and financial resources
to drive results. Tiger’s seasoned professionals help clients identify the underlying value of assets,
monitor asset risk factors and, when needed, convert assets to capital in a variety of ways quickly
and decisively. Tiger’s collaborative and no-nonsense approach is the foundation for its many longterm ‘partner’ relationships and decades of uninterrupted success. Tiger maintains offices in Los
Angeles, Boston and New York.
Tiger Group’s Remarketing Services division has facilitated the disposition through auction of over
$1 Billion of equipment and wholesale inventories for small businesses, the U.S. Bankruptcy Court
and such Fortune 500 companies as Apple Computer, Read Rite Corporation and ExxonMobil. Tiger
recently acquired The Daley-Hodkin Corporation, a firm with a 30-year legacy of providing reliable
valuations and sale results to stakeholders of industrial machinery throughout North America. Tiger
Tanenbaum Resume
For 25 years, Jeff Tanenbaum has managed and implemented asset disposition solutions for
financial institutions, insolvency professionals, Fortune 1000 companies and small businesses. Prior
to joining Tiger in 2010, Tanenbaum served as both executive and auctioneer at several national
auction/liquidation firms. During his time at those firms, Tanenbaum oversaw live and online auction
sales of nearly $1 billion of machinery, technological equipment, furnishings, collectibles, wholesale
inventories and real property. He studied business at the University of Southern California and
received his Certified Auctioneers Institute (CAI) designation at Indiana University through the
National Auctioneers Association
Service Advantages
•
•
•
•
•
•
•
•
•
•
•
Nearly 40 years experience;
Diverse expertise spanning many industries;
Marketing focus and expertise;
Dedication to achieving maximum revenues from the sale of your assets
Principal participation in all aspects of the sale process
Collaborative team approach to accommodate Client’s needs
Excellent communication and follow-through
Precise accounting and documentation
Scalable systems, allowing for the efficient management of projects – both large and small
In-house online bidding systems to allow for the quick and effective solutions
Regional offices & partners allow for effective solutions from Coast to Coast
Key Contacts
Name
Title
Contact
Jeff Tanenbaum
President
805.497.4999
[email protected]
Michelle Salazar
Director of Business
Development
212.315.0764
[email protected]
Zak Koontz
Project Manager
805.497.4999
[email protected]
Raspina Jannesar
Marketing Coordinator
805.497.4999
[email protected]
Page 5
65
Exhibit "C"
AUCTION
AGREEMENT
65
Exhibit "C"
65
Exhibit "C"
65
Exhibit "C"
65
Exhibit "C"
65
Exhibit "C"
BANKRUPTCY COURT
APPROVAL
Case
Case9:12-cv-81311-DMM
9:12-cv-81311-DMM Document
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UNITED STATES DISTRICT CO URT
SOUTHERN DI
STRICT
Exhibit
"C" OF FLORIDA
CaseNo.IZ-8IJII-CIV-M IDDLEBROOKSY M NNO N
UNITED STATES COM M ODITY
FUTURES TRADING COM M ISSION ,
Plaintiff,
VS.
HUNTER W ISE COM M ODITIES, LLC,
etal.,
Defendants.
/
ORDER AUTH ORIZING AGREED STIPUTION FOR TURNOVER AND SALE OF
CERTAIN DEPRECIATING ASSETS O F M O NITORSHIP ESTATE
THISCAUSE comesbeforetheCourtuponaStipulation(theSçstipulation'')between and
amongMelanieE.Dnmian,astheCourt-appointed SpecialM onitorand CorporateM anager(the
tiMonitor''),PlaintiffUnited States Commodity FuturesTrading Commission (sfplaintiff),and
DefendantEdward M artin (1$M artin'')(collectively,the isparties'')forthe Court'sentry of an
agreed order directing M artin to turn over, and authorizing the M onitor to sell, certain
depreciating assetsofthe M onitorship Estate (DE 160),filed on July 8,2013.1 A copy ofthe
proposed agreed orderwas attached to the Stipulation as ExhibitA. The Courthas considered
the Stipulation and proposed agreed orderand isotherwisefully advised ofthem atter.
Accordingly,theCourthereby entersthefollow ing:
lThedepreciating assetsthatarethe subjectofthe Stipulationand thisOrder(collectively,the
SlAssets'')include: (i)a 2007 Chrysler300 automobile (thettvehicle'');(ii)a 2010 Centurion
Surfriderwatercraft(the çsW atercrafr');and (iii)variousitemsofpersonalproperty,including
withoutlimitation furnitureand electronicequipment,previously located atan apartmentlocated
at9 M acArthurPlace,#2205,Santa Ana,California untilthe M onitormoved them to a storage
facilityon July 2,2013(theçicontentsoftheSantaAnaApartmenf').
Case
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FINDINGS OF FACTS AND CONCLUSIONS O F LAW :
1.
Exhibit "C"
The Parties have stipulated that, as of the entry of the Order Temporarily
Appointing SpecialCorporate Monitor(the SdAppointmentOrder'')(DE 77)and the Orderon
PlaintiffsM otion forPreliminary Injunction (thetçlnjunction Order'')(DE 78),on February 22,
2013,and February 25,2013,respectively,M artinwastherecord titleowneroftheAssets.
Thelnjtmction Orderprovidesthat
the (M onitorlisdirected and authorized to accomplish the
following:Take exclusive custody,controland possession
ofa1lfunds,property and otherassetsin the possession of,
orunderthecontrolofDefendants(which includeM artinj,
whereversituatedthatthe(M onitorlhasareasonablebasis
to believe isrelated to thisaction ...
Preserve, hold and manage a1l Com orate M onitorship
assets,and perform allactsnecessary to preserve the value
of those assets,in order to prevent any loss,dnmage or
injurytoretailcustomers....
DE 78at!21(A)and(C).
3.
The Partieshavestipulated thattheAssetswerepurchased by M artin solely using
fundsthathe received from the Entity Defendantsand,therefore,aresubjectto the Injundion
O rder.
4.
The Partieshave stipulated thatto preserve the value ofthe depreciating A ssets,
theM onitor,subjecttothetermsand conditionssetforth inthisOrder,may selltheAssetsfor
thehighestand bestofferreceived,and free ofany and al1liens,claim s,encumbrancesand other
interests.
The Parties have stipulated thatitis in the bestinterest ofthe M onitorship Estate
to carry outthesalesoftheAssetsasprovided in thisOrder.
6.
Therefore,the M onitor requests thatthis Courtauthorize the M onitorto sellthe
Assets,free and clear of any and a11liens,claims,encumbrances and interests,in the m ost
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efscientway possible, and for the highestand bestofferim plem enting the sale proced
ures set
Exhibit "C"
forth below .
Promptly upon her appointment, the M onitor conducted an inventory of the
lndividualDefendants'assetsand a forensic trace ofthe fundsused to
purchase al1such assets.
At that time,the M onitor located the Assets at the Santa Ana apartm ent leased for use by
Defendant M artin. The M onitor determined thatthe Assets were ptlrchased using funds that
Defendant M artin received from the M onitorship Defendants.
The M onitor then began
negotiating with DefendantM artin fortheturnoveroftheAssets.
8.
Now thatthe Parties have entered into the Stipulation providing forthe tum over
ofthe Assets,the M onitor needs to sellthe Assets given thatthey are a11depreciating assets.
Indeed,the automobile and thewatercraftaredepreciating atarapid rate and areatrisk fortheft
,
dam age and m echanicalproblem swhile being m aintained by M artin in theirpresentlocations.
Further,Contentsofthe Santa AnaApartmenthave been m oved outofthe apartm entand placed
in a secure storage facility m aintained by Auctioneer, which willcost$450 permonth including
insurance(asdiscussedat!14in#a).TheleasefortheSantaAnaapartmenthasbeenterminated
as of July 3,2013 thereby saving the Estate the m onthly rental cost of $3,830.00 for that
apartm ent. Based on the M onitor's assessmentofthe value of the Contents ofthe Santa Ana
Apartm entand theirdepreciating nature,the costto continue to m aintain them in storage will
soon sum assthevalueofthoseitems.
The M onitorhasyetto determ ine whetherapublic auction orprivate sale willbe
bestfor each ofthe Assets,butthe M onitorbelievesthatthe mostefficientsaleswillmeetthe
m arketing and sale procedures set forth herein. The M onitor acknowledges that these sale
proceduresdeviate from the statutory saleproceduressetforth in 28 U .S.
C.j2004.
3
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Section 2004 govem sthe sale ofpersonalproperty such astheA ssetshere. That
Exhibit "C"
section provides,çflaqny personalty sold tmderany orderordecree ofany courtoftheUnited
States shall be sold in accordance with section 2001 of this title, unless the court orders
otherwise.''(emphasisadded).TheMonitoraskstheCourtto orderotherwisewithrespecttothe
A ssets.
TheM onitorsoughtauthority from thisCourtto deviate from the sale procedures
established by 28 U.S.C.jj 2001 and 2004 for the following reasons: (i) the statutory
procedures are too cumbersom e and expensive to effectuate the sale ofthese used and varied
Assets;(ii)obtainingfairmarketpricesforthevariedAssetsmayrequire specialized marketing
and sale m ethods, which rem ain tmknown until the M onitor begins her sale efforts;
(iii)interestedpurchasersarelikelytobeunwillingtowaitforadrawnoutbidprocessandcourt
approvalprocess;(iv)the procedures setforth herein willallow the Monitorto liquidate the
Assetsquickly and which willallow the M onitorship Estateto minim ize adm inistrative costsand
additionaldepreciation of the assets;(v) these procedttresare designed to target specialized
buyers who are mostlikely to generate the highestand bestoffers forthe Assets;(vi)these
procedureswillpermitthe M onitorto change course (withoutobtaining furtherOrderofthe
Court)ifthepublicauctionfailstoproducefairmarketpricestherebyminimizing delay and use
ofEstate resources.
12.
Section 2004 permits the Court to use its discretion in determ ining how the
Monitormaysellpersonalproperty oftheEstate. SeeTanzerv,Huffînes,412 F.2d 221,222-23
(3d Cir.1969)(inthecontextofthedistrictcourtapprovingareceiver'ssaleofpersonalproperty
deviating from the procedures of 28 U.S.C.j 2004,the Third Circuit Courtstated,tçW e,
neverthelessrecognize,thatwhere,ashere,thecourtdoesproceed apartfrom the statutethetest
isstilloneofwhethertherehasbeen an abuseofdiscretion inthecircumstances.''). ln Tanzer,
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theCircuitCourtacknowledged thatthe deviation from the statutewasjustitsed to effectuatea
Exhibit "C"
sale thatwasin the bestinterestsofthe estate.See id. Further,the Courtcan waive the specific
requirementsof28U.S.C.j2001whereitbelievesthatthereceiversubstantiallycompliedwith
the rtquirem entsofthestatutein cormection with the saleofrealproptrty.See SEC v Kirkland,
.
2009W L 1439087 *2 (M .D.Fla.M ay 22,2009)(thedistrictcourtwaivedcertain requirements
of 28 U.S.C. j 2001 where it believed thatthe receiver substantially complied with the
requirementsofthestatute).
13.
Sim ilarly,theleading treatiseonreceivership 1aw provides,
Itis generally conceded thata courtofequity having custody and
controlof property has power to order a sale ofthe same in its
discretion.The powerofthe salenecessarily followsthe powerto
take possession and controlofand to preserveproperty,resting in
the sovereignty and exercised through courtsofchancery,orcourts
having statutory powerto m akethe sale.
JClarkonReceivers,j482(3d ed.1992).
The M onitor has selected Tiger Group LLC located in W estlake Village,
California(the(tAuctioneer'')to assistwith the storage,marketing,and selltheAssetsatpublic
auction. The Auctioneerhas significantexperience in the m arketing and saleofseized personal
property such as the Assets. Prior to selection ofthe Auctioneer,the M onitor's professionals
interviewed three auctioneers who inspected and/orresearched allof the Assets and provided
proposalsforthe storage,marketing and saleofthe Assets. Aftercom paring the proposalsand
negotiating with each of the potential auctioneers, the M onitor selected the auctioneer that
proposed the m ost cost effective plan for m oving, storing, m arketing and selling the A ssets,
which would m axim ize the totalnetrecovery from the sale forthe Estate. Specifically,the
selectedAuctioneer(i)offeredthemostreasonablemovingandstoragefees,(ii)willchargeonly
the m arketrate 15% buyer's fee and actualexpensesformoving,storage,insurance,marketing
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and sales,and (iii) does notcharge a seller's commission or other fees for services to be
Exhibit "C"
provided. The Auctioneer tstim ates thatthe moving,storage,insurance,m arketing and sale
expenses willnotexceed $8,820.00 and thetotalnetrecovery forthe Estate from the saleswill
bebetween $19,830.00 and $28,830.00. The Auctioneeragreesto m arkettheAssetsforsale for
25daysvia(i)interneton traderwebsites,(ii)targeted emailsto previouspurchasers,(iii)press
releasesand (iv)localclassified sectionsand auction newspapers. Such marketing procedures
are the Auctioneer'scom mon practicesforthe sale ofseized assets. Afterthe marketing ofthe
Assets,the Auctioneer willcatalog and tag the Assets and then post the Assets online for
viewing and bidding for a period of 7-10 days untilthe sale date. The Assets will also be
available for viewing in person at the Auctioneer's storage facility located at 13565 Larson
Circle,SantaFeSprings,California90670. Oneday priorto the sale,the Auctioneerwillperm it
an inspection oftheA ssetsatitsstorage facility. On thesale date,theAuctioneerwillconducta
public auction of the Assets by accepting bids online at www.soldtiger.com followed by a
checkoutand collection process.
15.
The M onitorbelievesthatan auction willgeneratethehighestand bestsaleprices
forthe Contents ofthe Santa AnaApartment. The M onitor isunsure whetherthe Auction will
produce the highestand bestprice for the Vehicle and W atercraft. Therefore,for the public
auction ofthe Vehicle and theW atercraft,the M onitorand the Auctioneerwillsetreserveprices
atreasonableam ountsbelow the fairmarketvaluesofthose assetsaccordingto Kelly Blue Book
and/orthe asking pricesforsimilarvehiclesand watercraftlisted forsale. lfthereserveprice is
notmetatthe auction foreitherthe Vehicle orthe W atercraft,the M onitorwillmarketthatasset
through dealers and specialized internet sites and conduct a private sale for each one. The
M onitorbelievesthatthistwo-partapproach may be necessary to preventthe sale ofthe Vehicle
and the W atercraftatfiresaleprices.
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16.
The CourtEnds thatthe M onitor's sale process substantially compliesw ith the
spiritof28U.S.C.jj2001and2004.
17.
Exhibit "C"
The Courtconcludes that itis in the best interestof the M onitorship Estate to
carry outthe salesofthe Assetsasprovided in thisAgreed Order.
Accordingly itishereby ORDERED AND ADJUDGED asfollows:
1.
TheStipulationbetweentheParties(DE 160)isAPPROVED.
DefendantM artin imm ediately shalltumovertitle and ownership ofAssetsto the
M onitorforsaleasprovided herein.
Defendant M artin shallmaintain the Vehicle and the W atercraftattheir current
locations and shall insure them at their respective fair market values (as
determined by the Monitor) untilthey are sold by the Auctioneer or by the
M onitorthrough asubsequentprivatesale.
4.
DefendantM artin shallexecute any docum entsdeemed necessary by the M onitor
and fully cooperate with the M onitorto transfertitle ofthe Assetsto the M onitor
and/orto effectuatethesalesoftheAssetsto third party purchasers.
5.
The M onitorship Estate shallpay al1costs incurred in the m arketing and sale of
theAssets,notto exceed $8,820.
The M onitorisauthorized to deviate from the sale procedures of28 U.S.C.jj
2001 and 2004.
7.
The M onitor is authorized to sell the Assets either tllrough public auction or
private sale on termsthatthe M onitordeem s mostbeneticialto the M onitorship
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Estate providedthatthe M onitorand theAuctioneerimplem entthem arketing and
Exhibit "C"
saleproceduressetforth herein.
8.
The M onitor is authorized to enter into and execute a1ldocuments necessary to
effectuate the salesoftheAssets.
9.
The sale ofeach ofthe Assets,free and clearofa1lliens,claim s,encumbrances
and interests,forthe highestand bestofferasdetermined by the M onitor,in her
solediscretion,isapproved withoutfurtherorderofthisCourt.
10.
The M onitorshallretain theproceedsofthesale ofthe Assetsin the M onitorship
Estate'strustaccountand awaitfurtherorderofthe Courtpriorto any distribution
oftheproceeds.
DONEAND ORDERED inChambersatWestPalm ach,Flor'da,this 6 dayof
July,2013.
LD M .M ID DLEBRO OK S
UNITED STATES DISTRICT JUDGE
Copiesto:
CounselofRecord
M elanieE.Damian,SpecialM onitorand CorporateM anager
8

Exhibit C - Hunter Wise Commodities

Transcription

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