2008 NISSAN TITAN XE/SE/LE TK (SEE DESCRIPTION FOR MORE DETAILS)

TERMS: By registering to bid on the internet, you acknowledge that you have read & understand the terms and conditions for each auction and/or auction item, and you agree to abide by all terms and conditions for each auction and/or auction item.FOR CONTENTS: 
 PAYMENT: ONLY Visa, MasterCard, Discover, or American Express payments. A 15% Buyers Premium will apply to all purchases in this auction. Local Georgia Sales Tax will apply to each item. Dealers buying for resale may be exempt from paying sales tax if the dealer has a sales tax number and a signed tax exemption form with our main office, and if that sales tax number has been entered by the dealer in his or her profile before bidding. Any other specific payment arrangements would have to be approved by L. W. Benton Company, Inc. PRIOR to bidding. Payment will be automatically made using the card with which the buyer registers. Upon receipt of payment in full, the purchaser will receive a paid invoice by email which must be presented at time of pick-up.  AUCTION BID DEFAULT: If the winning bidder's credit card information is on file with L.W. Benton Company, Inc., that card can be charged for the total purchase price plus one $30 late payment fee if payment is not otherwise made or arranged within 48 hours of the close of the auction. If no credit card information is on file or if the information is insufficient or outdated, a $30 late payment fee will be assessed for each day beyond the payment deadline for which payment is not made. If items are not timely removed as required above, a $10.00 handling and storage fee will be assessed per auction lot, per day. If an item is not removed within seven (7) days after the auction, the item can be considered abandoned property, with all of the buyer's rights and interests in the property extinguished with no refunds owed or offered to the buyer. If any items have been moved from an on-site location after the posted pick-up times at the election of L.W. Benton Company, Inc., there will be an $80 hour moving charge to recover those items. If a representative agrees to meet a successful bidder outside normal pick-up times at any location, there will be a $50 convenience fee for that arrangement. The seller reserves the right to sell these items to backup bidders and hold the original bidder liable for resulting losses to the seller. L.W. Benton Company, Inc. and/or the seller reserve the right to pursue all legal remedies.  INSPECTION: Location, Date, and Time for inspections are posted in the Auction Catalog. Buyers understand they view property at their own risk and L. W. Benton Company, Inc., its representatives, nor the Seller or their representatives are responsible for accidents or damage to personal property during any inspection.  CONDITION OF PROPERTY: Any and all information regarding the condition of property is derived from sources believed to be true and accurate, but none is guaranteed by the Seller or L. W. Benton Company, Inc.. It is the sole responsibility of the Bidder to verify any and all lot information (including condition) in person during the posted inspection times for this auction.  DYNAMIC AUCTION CLOSING TIME: The lots in this auction will close out at a scheduled rate of 20 lots per minute beginning at 9:00 PM.  Please note that there is also a 5 minute auto-extend for each lot in all of our auctions. For example, if a lot in the auction is scheduled to close at 9:00 PM and someone places a bid at 8:59, the system will auto extend 5 minutes to give the previous bidders time to bid again. This will continue until there are no more bids in a 5 minute period related to that lot.  BID RETRACTION: By placing a bid, buyer and all other bidders acknowledge all terms of the auction and agree not to retract the bid. If a bidder cannot satisfy the terms of the auction, the bidder should not bid. Once a bid is placed, L. W. Benton Company, Inc. cannot remove the bid from the online bidding system. Please be sure of your bids before placing them in our system.  PICK-UP OF ITEMS: At the completion of the auction, successful bidders will be emailed an invoice with pick-up instructions. In this auction, because the card with which you registered will automatically be charged, your invoice should be paid when you arrive for pickup unless there was a problem with your card. Winning bidders must make payment in full or approved payment arrangements within 48 hours after the close of the auction if there is a problem with the registered card. Sellers cannot accept payment. L. W. Benton Company, Inc. and/or Sellers are in no way responsible for pick-up, delivery, or assisting in loading out of property as this is the sole responsibility of the successful bidder. It is the successful bidder's responsibility to remove property within the posted pickup times for this auction. In the event that a Seller or representative of L. W. Benton Company, Inc. agrees to assist in the load out of purchased lots, Buyers understand that neither the Seller, L. W. Benton Company, Inc. nor its representatives are responsible for any damage to the Buyer's property of any kind. If items are not timely removed as required above, a $10.00 handling and storage fee will be assessed per auction lot, per day. If an item is not removed within seven (7) days after the auction, the item can be considered abandoned property, with all of the buyer's rights and interests in the property extinguished with no refunds owed or offered to the buyer. If any items have been moved from an on-site location after the posted pick-up times, there will be an $80 hour moving charge to recover those items. If a representative agrees to meet a successful bidder outside normal pick-up times at any location, there will be a $50 convenience fee for that arrangement.  GROUP / BULK LOTS: Bidder agrees that he / she will remove all items in any group or bulk lots won and not leave behind "unwanted" items.  SHIPPING: IF BUYER MAKES ARRANGEMENTS WITHIN 24 HOURS OF AUCTION CLOSE, we will be glad to ship small items via USPS Priority Mail Flat Rate Padded Envelope ONLY at a cost of $5 per envelope plus the price of actual shipping including any insurance, which will be required on items totaling more than $50 in value. WARNING: If you do not contact us with your request for shipping within 24 hours of auction close, we will not ship, and you will forfeit your items without refund.  ITEMS NOT REMOVED DURING POSTED PICK-UP TIMES: If arrangements have not been made to remove items by the end of the last posted pickup day after the auction closing time, they will be considered abandoned property, even if paid, with all of the buyer's rights and interests in the property extinguished with no refunds owed or offered to the buyer. Items will be resold to recover removal costs. Further, the seller and L. W. Benton Company, Inc. reserves the right to resell these items to backup bidders and hold the original bidder liable for resulting losses to the seller. L. W. Benton Company, Inc. and/or the seller reserve the right to pursue all legal remedies.  PENALTIES: Purchases not picked in accordance with the removal terms will be forfeit and resold to cover storage fees with no credit given to the original buyer. Buyers accounts will then be turned over to a collection agency for any delinquencies and storage fees yet unpaid.  DOCUMENTATION FEE ON ITEMS REQUIRING TITLE OR DOCUMENT TRANSFERS: There will be a $100 document transfer fee added to all vehicle and equipment purchases that require a title or document transfer with the State. When signatures are required to transfer the title, it is the sole responsibility of the buyer to submit the necessary signatures and information for that transfer. L. W. Benton Company, Inc., nor the Seller, will be responsible for any late fees accrued for a title transfer as the result of negligence or untimely submission of paperwork by a Buyer.  TITLE CANCELLATION: Buyers who purchase titled vehicles with the intent to scrap, salvage and/or dismantle said vehicles may qualify for a $40 document fee by signing a letter stating their intent to do so, thus granting L. W. Benton Company, Inc. permission to request that the State cancel the current title. Upon doing so, Buyers understand that there is no remedy to this request, and a title cannot be reapplied for once submitted to the state for cancellation.
FIREARMS:  It is the buyer's responsibility to have any firearms inspected by a certified gunsmith before firing. L.W. Benton Company, Inc. has made no attempts to test theseitems. BE SURE THAT THE ITEM YOU ARE BIDDING ON IS ALLOWED IN THE JURISDICTION THAT YOU LIVE IN. EVERY STATE AND CITY/COUNTY HAS ITS OWN LAWS. WE ARE SELLING ITEMS THAT ARE ALLOWED IN GEORGIA. IF YOU ARE THE SUCCESSFUL BIDDER AND AN ITEM CAN NOT BE SHIPPED TO YOU IT WILL HAVE TO BE PAID FOR AND RESOLD AT A LATER DATE.  THESE FIREARMS ARE USED- BEFORE FIRING ANY FIREARM IN THIS AUCTION HAVE IT CHECKED OUT BY A QUALIFIED GUNSMITH! 
FIREARMS TERMS: As a Federally Licensed Firearms Dealer, L.W. Benton Company (LWBC) is required to ensure that bidders who purchase a firearm are legally allowed to do so through a FBI NICS background check. If a bidder doubts his or her ability to pass a NICS check, it is highly recommended that he or she NOT BID on a firearm. High bidders must take possession of purchased firearms in person at LWBC's Macon facility or at another Federal Firearms Licensed (FFL) location. High bidders will be required to pay the full amount due on their firearm BEFORE the NICS check is run. In the event that a high bidder fails the NICS check, he or she will not be allowed to have the firearm transferred to their possession, nor can it be transferred to another individual. Instead, LWBC will hold the firearms, at their discretion, until the next suitable opportunity to auction or sell the firearms. High bidders who fail the NICS check will be charged a Thirty-Dollar ($30) re-stocking fee per firearm, as well as regular Seller's fees when the firearm is auctioned again. These fees, as well as any others, will be deducted from the proceeds of the resale of the firearms. Any remaining proceeds will be paid to the original high bidder as though they were the consignor of the firearm. In the event that a high bidder requests to have a firearm shipped to another FFL, they must first pay the full amount due for the firearm plus any additional shipping costs prior to shipping. If the high bidder should fail his or her NCIS check by this FFL dealer, LWBC WILL NOT REFUND any portion of the purchase price or shipping costs to the high bidder. It will be the discretion of the second FFL dealer as to how he wants to dispose of the firearm. When possible, LWBC will make the effort to retake possession of the firearm and sell it again, per the terms in the paragraph above. Bidders take note: Firearms can only be purchased by the registered bidder, not by another individual, family member or friend. Bidders must be 18 years of age or older on the date of the close of the auction to purchase long guns or long gun ammunition. Bidders must be 21 years of age or older on the date of the close of the auction to purchase handguns or handgun ammunition. It is the buyer's responsibility to have any firearms inspected by a certified gunsmith before firing. L.W. Benton Company, Inc. has made no attempts to test these items.
BID REJECTION: L.W. Benton Company, Inc. reserve the right to reject any and all bids from any bidder. Bid Retraction: By placing a bid, buyer and all other bidders acknowledge all terms of the auction and agree not to retract the bid. If a bidder cannot satisfy the terms of the auction, the bidder should not bid. Assessment of condition: All bidders, including buyer, should rely solely on personal inspection and not information listed in these items, on the website, or otherwise provided by L.W. Benton Company, Inc. or seller. Any bidder's failure to inspect, or otherwise be fully informed as to the nature, quality, condition, quantity, and size of any items will not constitute grounds for any claim, adjustment, refund, termination of the Auction Contract, or refusal to close the sale.  BIDDER EMAIL LIST: By registering for this auction, you are agreeing for L.W. Benton Company to add your name to our customer email list to receive emails regarding upcoming auctions.   AGENCY DISCLOSURE: In all transactions, the auctioneers are acting as agents for the seller, not as buyer’s agents.   DISCLAIMER: All items are sold “subject to owner confirmation” or “with reserve” unless advertised “absolute.” All information published, announced or contained herein was derived from sources believed to be true and accurate but is not guaranteed by the Seller or L.W. Benton Company. The Sellers and their agent (auctioneer) reserve the right to place bids on the property up to the seller’s reserve, if desired, at their sole discretion, unless selling absolute. Furthermore, the auctioneer and L.W. Benton Company employees / agents may also bid personally on auction items. All property is being sold “as is, where is” with no guarantee or warranties. It is the Purchaser’s responsibility to conduct their own due diligence and make their own decision as to the accuracy of all information.   LEGAL COURSES OF ACTION: Bids are a binding offer to enter a contract and you are responsible for honoring them. Every legal remedy available will be used to ensure buyer's performance of this contract. Buyer accepts responsibility for and agrees for buyer and all of buyer's agents, representatives, successors and assigns to indemnify, defend and hold harmless sellers & L. W. Benton Company, Inc., its employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents, and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs, and expenses including reasonable attorneys' fees and expenses related to, arising from, or associated with (I) the sale of the property, including, but not limited to, personal injuries or property damage incurred on the sale premises or during removal and transport of any auction item, (II) buyer's use of L. W. Benton Company, Inc.'s website and (III) a dispute with another bidder.  WARNING! - EXPLANATION OF CREDIT CARD FRAUD: In order to bid online, buyers must register and create an account at our website, www.bidderone.com. The credit card will be charged upon completion of the auction for any items won plus applicable buyer's premium and sales tax. If, when charged, it is determined that the card is not valid or does not have a sufficient balance to cover the charges, and the bidder or representatives of the bidder knowingly registered with this card, this constitutes "Credit Card Fraud" under Federal and Georgia state law, and L. W. Benton Company, Inc. reserves the right to press criminal charges for such fraud, including the swearing out of an arrest warrant in the county of the bidder's residence. In addition to any criminal charges, L. W. Benton Company, Inc. reserves the right to seek civil restitution.  BIDDER VERIFICATION: The identity of all bidders will be verified, bidding rights are provisional, and if complete verification is not possible, L.W. Benton Company, Inc. may reject the registration, and bidding activity will be terminated.  WITHDRAWAL OF ITEMS FROM THE AUCTION: L.W. Benton Company, Inc. and/or the Seller reserves the right to add or delete property, reject any bid and/or cancel the sale.  Please call our office if you have any questions regarding this new policy. 478-744-0027.
FOR REAL ESTATE:
This auction will be an Online Only auction.All Properties Sold Subject to Sellers Approval.10% Buyers Premium on all Properties.10% Down Payment due within 48 hoursBuyer pays closing costs.AUCTION END TIMES & AUTO EXTEND FEATURES: Our Auctions are timed events with an auto extend feature. The auto extend time typically starts out at either 3 or 5 minutes and may decrease if the auction continues to extend past the scheduled closing time. For example, if the auction is scheduled to begin closing at 2:00 PM and someone places a bid at 1:59, the system will auto extend 3 minutes to allow the previous bidders time to bid again. The auto extend feature remains active until no further bids are received within a 3 minute time frame.BUYERS FEE: A 10% Buyer Fee will be added to your final bid resulting in the final purchase price. Example: if the final bid on the property is $100,000.00, add the 10% buyers fee of $10,000.00 in this case, for a total purchase price of $110,000.00ALL PROPERTIES SOLD SUBJECT TO SELLER APPROVAL: Please note that all bids will have to be approved by the seller. Although some may be confirmed that day, others may take additional time to receive approval.CONTRACTS: Once all lots have closed, our office will begin preparing the Sales Purchase Contract to send to you for your signature. Please allow us 24 hours to get the contract sent to you. Once you receive the contract, we ask that you return it within 48 hours along with the Earnest Money Deposit.DOWN PAYMENT: 10% Down Payment. Deposit Due within 48 hours with the balance due within 30 days.CLOSING COST: All cost incurred for the closing will be paid by the buyer.CLOSING AGENT: tbdSPECIAL NOTES:All properties are sold “As Is, Where Is” with no warranties expressed or implied as to current or future use of property.Failure of any bidder to inspect or to be fully informed as to the condition of the properties will not constitute grounds for any claim or demand for adjustment or withdrawal of any contract signed by the bidder.At the conclusion of bidding, the successful bidder will be emailed a Sale/Purchase contract and will be required to return a signed copy within 48 hours.No conditions may be added to the agreement by the buyer.Please note that you may need to refresh your screen during the last minutes of the auction to ensure the most accurate information.POSSESSION: Purchaser shall receive possession of the property at the time of closing. There will be no exceptions to this conditionTITLE INSURANCE: Title Exam & Insurance will be the buyer’s expenseTAXES: Taxes will be prorated to the day of closing (if applicable)TRANSFER TAX: Transfer tax to be paid by the buyer (if applicable)RENTS/INCOMES: Any Rents or Income will be prorated to the day of closing (if applicable)Survey: Properties will be sold by the existing plats of record recorded in the county where the property is located. If there is no plat of record or legal description and the property requires a survey, the cost of the survey will be at the buyer’s expense. Please do your own due diligence prior to bidding.Please Note: Descriptions, Acreage, Aerials & Pictures etc.. may be derived from tax assessors records on file. Please be sure to conduct your own due diligence to verify all information provided. Seller reserves the right to add or delete any properties at anytime prior to the close of the auction.Agent Disclosure: Members of sellers are licensed agents in the state of GeorgiaSERVER SOFTWARE TECHNICAL ISSUES: In the event there are technical difficulties related to the server, software or any other online auction-related technologies, Breco Benton Auction reserves the right to extend bidding, continue the bidding, or close the bidding. NEITHER THE COMPANY PROVIDING THE SOFTWARE nor Breco Benton Auction SHALL BE HELD RESPONSIBLE FOR A MISSED BID OR THE FAILURE OF THE SOFTWARE TO FUNCTION PROPERLY FOR ANY REASON. Email notifications will be sent to the email address provided in your registration with updated information as deemed necessary by Breco Benton Auction. If property is selling with reserve or subject to owner confirmation, L.W. Benton Company reserves the right to or have the system bid on behalf of the seller up to the reserve amount.TERMS: 10% of the final bid price as non-refundable earnest money in the form of a certified check, cash or wire transfer within 48 hour of the close of auction, with the balance of purchase price due at closing. Purchaser shall be responsible for all wire transfer fees and any currency exchange fees to US dollars. Closing will be as specified in the Contract for Sale of Real Estate. This online only auction is a CASH SALE not contingent on or subject to financing, appraisal, survey or inspections of any kind, as agreed to by bidders at registration prior to bidding and specified in the Contract for Sale of Real EstatePlease do you own due diligence before bidding. By placing a bid, buyer and all other bidders acknowledge all terms of the auction and agree not to retract the purchase offer and to fulfill the terms and conditions to the fullest. If a bidder cannot satisfy the terms of the auction, the bidder should not bid. If you are unsure about what you are bidding on, Do Not Bid!Breco Benton Real Estate Auction | 706-342-3355 | www.brecobenton.comGA RE 75054 GA AU-C003044 FL AU5285 FL BK 3543788 FL BK 3365093______________________________________________________________________________________________________________________________________General Auction InfoThoroughly read the auction information document and familiarize yourself with the properties offered and the auction terms and conditions. If you have questions about the terms, conditions or purchase agreement, contact our office and speak with one of the auction staff. Plan to inspect or drive-by each property in which you are interested. Establish a range of value for the property and bid within your limits. We do not recommend that you bid on a property that you have not seen. There is not an inspection period after the auction. The deposit listed in the terms is due upon being declared the winning bidder. The deposit is non-refundable. All information about the property has been provided by the seller or public records. All bidders must verify all information to their own satisfaction prior to bidding. Immediately upon completion of the auction, winning bidders will be required to execute an Auction Contract. Please be prepared to close the transaction within 30 days.Terms & Conditions For Sale of Real Property: Each property is offered under the specific terms and conditions provided in the property information package. Please read and review the terms & conditions thoroughly prior to bidding on any property. If you have not read and reviewed the Terms & Conditions of Real Property, Do Not Bid.Terms: At the close of the auction, successful bidders will be emailed a contract to be executed and returned to Breco Benton Auction, LLC. Successful bidders will deposit an earnest money deposit as stated in the terms of the auction for each property in the form of cashier’s check, personal or company check or wire transfer to Breco Benton Auction, LLC. 266 W. Washington St., Madison, GA 30650. For Wiring Instructions, please contact our office at 706-342-3355. Purchaser shall be responsible for all wire transfer fees. The entirety of the remaining balance is due at closing within 30 days from the sale date.Contract Documents will be sent by e-mail to the successful bidder, who must execute and email back to Breco Benton Auction, LLC within 48 hours. Successful bidders not executing and returning their contract with earnest money deposit within 48 hours of the conclusion of the auction will be considered in default.Auction Bid Default: In the event a winning bidder fails to submit the signed “Contract for Sale of Real Property” and the earnest money deposit as provided in the pre-stipulated Auction Terms, the winning bidder will be charged a penalty fee of $3,000.00 on the credit card provided at auction registration. Additional default remedies are reserved by Breco Benton Auction, LLC and the Seller as provided in the Auction Terms & Conditions and the “Contract for Sale of Real Property”.Bidder Verification: The identity of all bidders will be verified, bidding rights are provisional, and if complete verification is not possible, L.W. Benton Company will reject the registration, and bidding activity will be terminated.Agency Disclosure: In all transactions, Breco Benton Auction, LLC is acting as agent for the seller, not as buyer’s agent. This transaction is not contingent on the buyer obtaining financing or upon any other event except as specifically referred to in these terms and conditions.Multiple tract salesIndividual purchases are to be considered as singular transactions not contingent on the sale of other properties or tracts. Breco Benton Auction, LLC reserves the right to offer the property in individual tracts or lots, combinations of tracts or lots, as a whole or in any way that we see fit in order for it to bring the most money for the seller. The sale of combinations supersedes the sale of individual tracts.The decision of the auctioneer is final. Seller and Breco Benton Auction, LLC reserve the right to amend any terms or conditions prior to or during the auction.ReleaseBy its acceptance of the deed, buyer shall be deemed to release seller & Breco Benton Auction, LLC from any and all claims and liabilities relating to any defect, deficiency of other matter concerning the property including, without limitation, the quality, condition, quantity, or use of the property. Sellers & Breco Benton Auction, LLC give no warranties of any kind either expressed or implied, with respect to the condition, merchantability, use, size, configuration, design, or suitability of the property.Legal courses of actionBids are a binding offer to enter a contract and you are responsible for honoring them. Every legal remedy available will be used to ensure buyer's performance of this contract. Buyer accepts responsibility for and agrees for buyer and all of buyer's agents, representatives, successors and assigns to indemnify, defend and hold harmless sellers &Breco Benton Auction, LLC, their employees, governing body, officers, owners, affiliates, subsidiaries, directors, agents, and representatives from and against any and all claims, losses, damages, liabilities, judgments, fees, costs, and expenses including reasonable attorneys' fees and expenses related to, arising from, or associated with (I) the sale of the property, including, but not limited to, personal injuries or property damage incurred on the sale premises during inspections or during removal and transport of any item, (II) buyer's use of Breco Benton Auction LLC’s or L.W. Benton Company’s websites and (III) a dispute with another bidder.Disclaimer: All information contained herein is believed to be correct to the best of the Breco Benton Auction, LLC knowledge. The information is being furnished to bidders for the bidder’s convenience and it is the responsibility of the bidder to determine that information contained herein is accurate and complete. Any reliance on the contents shall be solely at the recipient’s risk. Each bidder must conduct and rely solely upon their own investigation and inspection. The property is being sold “AS IS” with any and all faults. By Georgia Law, all properties are sold with reserve/subject to owner confirmation unless advertised Absolute. The auction reserves the right to place bids on behalf of absentee bidders, phone bidders and/or the seller on any properties being sold with reserve/subject to owner confirmation. Please review all information supplied and seek appropriate assistance prior to bidding.Note: Under Title X, the purchaser of a single family residence built before 1978 has a maximum of 10 days to inspect the property for the presence of lead-based paint. Due to the nature of how an auction works, having a 10 day post inspection period is not feasible. By registering to bid and confirming the terms & conditions online, bidders agree that they have or will inspect the properties 10 days PRIOR to the Auction if desired and further agree to waive the 10 day post sale inspection period. Any announcements made from the auction stand or announcements posted to the auction take precedence over all other prior announcements either announced, published, posted, verbal, or communicated in any form.Breco Benton Real Estate Auction | 706-342-3355 | www.brecobenton.comGA RE 75054 GA AU-C003044 FL AU5285 FL BK 3543788 FL BK 3365093