Winter Video Auction Invoice - Buyer Down Payment
Winter Video Auction 1119 W. Cherry Ave. Phone: (580) 237-4600 Invoice - Buyer Down Payment BUYER #: 159991 DATE: February 05, 2015 BUYER: Mark Hogan ADDRESS: P.O Box 58 CITY: Kit Carson STATE: CO PHONE: 7196910003 ZIP: 80825 LOT # KIND/SEX NO/HD BASE/WT AMOUNT DUE 3221.0 2nd calf bred heifers 40 1200 $4,000 Please send payment to: Winter Video PO Box 909 Enid, OK 73702 (580) 237-4600 1 Winter Video Auction 1119 W. Cherry Ave. Phone: (580) 237-4600 Invoice - Seller Down Payment Seller #: 8294 DATE: February 05, 2015 Seller: Dorhmann Farms ADDRESS: CITY: PHONE: STATE: ZIP: LOT # KIND/SEX NO/HD BASE/WT DOWN PAYMENT 3221.0 2nd calf bred heifers 40 1200 $3,200 2 BUYER CONTRACT - Winter Video Auction 1119 W. Cherry Ave. Enid, OK 73703 (580) 237-4600 LOT#: 3221.0 SELLER#: 14 BUYER#: 159991 THIS CONTRACT made and entered into this February 05, 2015, by and between SELLER: Dorhmann Farms hereinafter known as SELLER, and BUYER: Mark Hogan Address: P.O Box 58 City: Kit Carson State: CO Zip: 80825 HomePhone: 7196910003 MobilePhone: hereinafter known as BUYER. Buyer agrees to purchase the following described livestock for the consideration set forth in this contract. NUMBER OF HEAD: 40 KIND/SEX: 2nd calf bred heifers BASE WEIGHT: 1200 PRICE: $3200.00 MIXED LOADS: SLIDE: na, na SLIDE WEIGHT: na BREED: Angus cows that were AI to; SHF Literal: BW 0.9 WW 43.0 YW 90.0 CHB 28 SHF Kennedy BW 1.1 WW63 YW 96 CHB 41 They are both from Sandhills farms polled Herefords. Also a Gelbvieh bull from State Line Genetics was turned out with them to clean up. ORIGIN: Kansas FRAME: medium-large WEIGHT VARIENCE: mostly even FLESH: medium FEED PROGRAM: sileage and hay could be moved to stalks at a later time. HORNS: none DATE INPLANTED: 0000-00-00 IMPLANT: none TAG PROGRAM: We can put a numbered tag in the cows if the buyer wants. VACCINATIONS: bovishield 5L and a pour-on wormer in November. They have not had a scour guard shot yet. CURRENT LOCATION: Ensign Kansas 20 miles south west of Dodge city. Where the livestock shall remain and be handled in their normal and usual manner until delivery, unless otherwise expressly agreed in writing. DELIVERY: On/Between: Jan 19, 2015 / Feb 19, 2015 at the option of the representative WEIGHING CONDITIONS GATHERED ASAP EARLY AM: We will gather early in the am and sort then load on trucks. COMMENTS AND ADDITIONAL PROVISIONS: This is a very nice set of 2nd calf hfrs. They have good confirmation and were easy calvers. This will make an excellent set of cows ready to go to work for you. If you would like to see pictures or video of these heifers please call the Rep. INSPECTION and WARRANTIES: Seller shall deliver within ninety-five percent (95%) of the above stated number of livestock, exclusive of any stags, crippled, blind, bad eyed, locoed, lump-jawed or otherwise unmerchantable livestock, and any livestock that are not as described above. If Buyer or his agent is present at delivery and the livestock are removed by the carrier, such action constitutes irrevocable acceptance of the livestock by the Buyer. If Buyer or his agent will not be present at delivery, Buyer authorizes a Winter Video Auction representative to be his agent and the buyer shall notify Winter Video Auction of any grievance regarding any livestock within twenty-four (24) hours after arrival by phone and by written document. Buyer's 3 failure to so notify Winter Video Auction shall constitute irrevocable acceptance of the livestock and bind him to pay the contract price for the livestock. Seller shall furnish to Buyer any brand and health certificates required by state and federal law from which the cattle are shipped, this will include all affidavits for third party age & source verification. If these certificates and affidavits are not in place before delivery, payment will not be made until said documents are received. If additional health certificates, tests, or documentation is required for shipment, it shall be at the Buyer's request and expense. Seller and Winter Video Auction warrant that Seller has good and marketable title to the livestock and that the livestock will be delivered free from all security interest, liens, or encumbrances. Said livestock are subject to a lien, security interest or chattel mortgage in favor of () which shall be satisfied by Seller prior to or at delivery. Seller agrees to defend title to the livestock and indemnify and hold Winter Video Auction and Buyer harmless from any and all loss or damage on account of any liens, encumbrances, or other defects in title. THERE ARE NO WARRANTIES EXPRESSED OR IMPLIED BEYOND WHAT IS EXPRESSLY SET FORTH IN THIS CONTRACT. RISK OF LOSS: The risk of loss of the livestock passes to Buyer at the time that the livestock are loaded on the carrier. PAYMENT OF CONSIDERATION: As consideration for the livestock, Buyer agrees to pay Winter Video Auction for the benefit of Seller the price stated above, adjustable by the SLIDE, if applicable. Payment of the price shall be governed by the provisions of this agreement. Buyer agrees to pay Winter Video Auction for the benefit of SELLER $100.00 per head on 40 head, the sum of $4,000 as part payment, upon entering into this contract and pay the remaining balance to Winter Video Auction at the time of delivery. Buyer agrees to wire transfer payment to Winter Video Auction for the cattle no later than the first business day following the day of delivery. If there will be multiple shipments, Buyer agrees to pay for each day's delivery in the manner stated herein. All payments are due and payable in Enid, OK. Seller acknowledges that it has received from Winter Video Auction $80.00 per head, the sum of $3,200 as part payment for the livestock and agrees that the remaining balance, (including the $20.00 per head received from Buyer and not paid to Seller which is being held in Winter Video Auction Custodial Account for Shipper's Proceeds as a deposit on commission until delivery when the actual commission can be determined), less commission and other lawful charges shall be paid on the day of delivery from Winter Video Auction. BUYER, SELLER, AND WINTER VIDEO AUCTION acknowledge that CattleUSA.com & Cattlemarketing.com are not responsible or liable for misrepresentation or poor communication between buyer and seller. CattleUSA.com & Cattlemarketing.com will not be involved or held responsible for any disputes that may arise from this contract. ADDITIONAL PAGES: THIS CONTRACT IS SUBJECT TO ALL CONDITIONS ON THE ADDITIONAL PAGES. SAID CONDITIONS ARE A PART OF THIS AGREEMENT. By signing below, I/We acknowledge that I/We have read, understand, and agree to terms stated on ALL FOUR PAGES of this agreement. In witness hereof, each party to this agreement has caused it to be executed in Enid, OK on the date indicated above. OPEN HEIFERS: Unless otherwise stated, heifers sold in this contract are not guaranteed open. PARTIAL INVALIDITY: No partial invalidity of this agreement shall affect the remainder. SECURITY AGREEMENT: Buyer hereby grants to Winter Video Auction a security interest in the livestock described herein, including the products and proceeds thereof, until such time as Winter Video Auction actually receives final payment of the full purchase price of said livestock on any payment item issued or until Winter Video Auction receives full and final payment of the livestock by cashier's check or wire transfer of funds. TRANSFER OF TITLE: Title to livestock does not transfer to buyer, even upon delivery, until Winter Video Auction has received payment in full and those funds have been collected or honored by the financial 4 institution on which the payment instrument was drawn. DEFAULT: In case of default by either Buyer or Seller, the defaulting party shall be liable for actual and incidental damages as are permitted by the Uniform Commercial Code, plus court costs and attorney's fees, as well as to any available equitable relief. Default shall exist if full and final payment is not received within one business day from the date Buyer takes possession of the livestock described herein, or if the check given in payment for the livestock is dishonored, or upon the death, bankruptcy or insolvency of the buyer or upon the sale of said livestock without Winter Video Auction's written permission. Upon default Winter Video Auction, with or without notice, may exercise any and all rights accorded it by law and this contract, including but not limited to the following: If Buyer defaults, he will forfeit his $100.00 per head part payment. Default shall exist upon Seller's failure, for any reason whatsoever (other than an act of God), to deliver to Buyer, all cattle purchased hereunder, as herein required, Seller shall promptly refund to Winter Video Auction the part payment advanced on such undelivered cattle, plus commission. Winter Video Auction will refund to the Buyer the total amount of the part payment advanced by the Buyer. This shall constitute the only liability of Winter Video Auction to Buyer. Winter Video Auction shall also have the option, in the event of the default by Buyer, of paying Seller in full for the cattle and of holding and reselling the cattle in a reasonable commercial manner. In that event, Buyer shall be liable to Winter Video Auction for all damages incurred, including costs and decline in market value of the cattle. GOVERNING LAW: Jurisdiction and venue for any and all causes arising under this contract shall be governed by the laws of the State of OK. Venue shall lie only in the state of OK. ACT OF GOD: Seller and Winter Video Auction shall not be liable for any delay or failure to deliver any or all of the livestock in case delay or failure is caused by any act of God or by destruction in whole or part of the livestock. When Seller claims excuse for nonperformance under this paragraph, reasonable notice and documented proof must be given to Buyer and Winter Video Auction. NO ASSIGNMENT OR DELEGATION: No right or interest in this contract shall be assigned by either Buyer or Seller, and no delegation may be made of any obligation owed by Buyer or Seller under this agreement. Any attempted assignment or delegation shall be void and totally ineffective for all purposes. ENTIRE CONTRACT: This contract contains the entire agreement between Seller and Buyer and cannot be changed except in writing signed by both parties LOT #: 3221.0 SELLER: Dorhmann Farms BUYER: Mark Hogan By: _____________________________________ By: _____________________________________ Lien Holder: Rep: Aaron Winter 316-253-8934 By & Title: __________________________________ CONTRACT Please send Winter Video Payment to: PO Box 909 Enid, OK 73702 (580) 237-4600 5 SELLER CONTRACT - Winter Video Auction 1119 W. Cherry Ave. Enid, OK 73703 (580) 237-4600 LOT#: 3221.0 SELLER#: 14 THIS CONTRACT made and entered into this February 05, 2015 , by and between SELLER: Dorhmann Farms Address: City: State: Zip: HomePhone: MobilePhone: hereinafter known as SELLER, and BUYER#: 159991 BUYER: Mark Hogan hereinafter known as BUYER Buyer agrees to purchase the following described livestock for the consideration set forth in this contract. NUMBER OF HEAD: 40 KIND/SEX: 2nd calf bred heifers BASE WEIGHT: 1200 PRICE: $3200.00 MIXED LOADS: SLIDE: na, na SLIDE WEIGHT: na BREED: Angus cows that were AI to; SHF Literal: BW 0.9 WW 43.0 YW 90.0 CHB 28 SHF Kennedy BW 1.1 WW63 YW 96 CHB 41 They are both from Sandhills farms polled Herefords. Also a Gelbvieh bull from State Line Genetics was turned out with them to clean up. ORIGIN: Kansas FRAME: medium-large WEIGHT VARIENCE: mostly even FLESH: medium FEED PROGRAM: sileage and hay could be moved to stalks at a later time. HORNS: none DATE INPLANTED: 0000-00-00 IMPLANT: none TAG PROGRAM: We can put a numbered tag in the cows if the buyer wants. VACCINATIONS: bovishield 5L and a pour-on wormer in November. They have not had a scour guard shot yet. CURRENT LOCATION: Ensign Kansas 20 miles south west of Dodge city. Where the livestock shall remain and be handled in their normal and usual manner until delivery, unless otherwise expressly agreed in writing. DELIVERY: On/Between: Jan 19, 2015 / Feb 19, 2015 at the option of the representative FOB: WEIGHING CONDITIONS GATHERED ASAP EARLY AM: We will gather early in the am and sort then load on trucks. COMMENTS AND ADDITIONAL PROVISIONS: This is a very nice set of 2nd calf hfrs. They have good confirmation and were easy calvers. This will make an excellent set of cows ready to go to work for you. If you would like to see pictures or video of these heifers please call the Rep. 6 INSPECTION and WARRANTIES: Seller shall deliver within ninety-five percent (95%) of the above stated number of livestock, exclusive of any stags, crippled, blind, bad eyed, locoed, lump-jawed or otherwise unmerchantable livestock, and any livestock that are not as described above. If Buyer or his agent is present at delivery and the livestock are removed by the carrier, such action constitutes irrevocable acceptance of the livestock by the Buyer. If Buyer is not present at delivery, Buyer shall notify Winter Video Auction of any grievance regarding any livestock within twenty-four (24) hours after arrival by phone and by written document. Buyer's failure to so notify Winter Video Auction shall constitute irrevocable acceptance of the livestock and bind him to pay the contract price for the livestock. Seller shall furnish to Buyer any brand and health certificates required by state and federal law from which the cattle are shipped. If additional health certificates, tests, or documentation is required for shipment, it shall be at the Buyer's request and expense. Seller and Winter Video Auction warrant that Seller has good and marketable title to the livestock and that the livestock will be delivered free from all security interest, liens, or encumbrances. Said livestock are subject to a lien, security interest or chattel mortgage in favor of () which shall be satisfied by Seller prior to or at delivery. Seller agrees to defend title to the livestock and indemnify and hold Winter Video Auction and Buyer harmless from any and all loss or damage on account of any liens, encumbrances, or other defects in title. THERE ARE NO WARRANTIES EXPRESSED OR IMPLIED BEYOND WHAT IS EXPRESSLY SET FORTH IN THIS CONTRACT. RISK OF LOSS: The risk of loss of the livestock passes to Buyer at the time that the livestock are loaded on the carrier. PAYMENT OF CONSIDERATION: As consideration for the livestock, Buyer agrees to pay Winter Video Auction for the benefit of Seller the price stated above, adjustable by the SLIDE, if applicable. Payment of the price shall be governed by the provisions of this agreement. Buyer agrees to pay Winter Video Auction for the benefit of SELLER $100.00 per head on 40 head, the sum of $4,000 as part payment, upon entering into this contract and pay the remaining balance to Winter Video Auction at the time of delivery. Buyer agrees to wire transfer payment to Winter Video Auction for the cattle no later than the first business day following the day of delivery. If there will be multiple shipments, Buyer agrees to pay for each day's delivery in the manner stated herein. All payments are due and payable in Enid, OK. Seller acknowledges that it has received from Winter Video Auction $80.00 per head, the sum of $3,200 as part payment for the livestock and agrees that the remaining balance, (including the $20.00 per head received from Buyer and not paid to Seller which is being held in Winter Video Auction Custodial Account for Shipper's Proceeds as a deposit on commission until delivery when the actual commission can be determined), less commission and other lawful charges shall be paid on the day of delivery from Winter Video Auction. BUYER, SELLER, AND WINTER VIDEO AUCTION acknowledge that CattleUSA.com & Cattlemarketing.com are not responsible or liable for misrepresentation or poor communication between buyer and seller. CattleUSA.com & Cattlemarketing.com will not be involved or held responsible for any disputes that may arise from this contract. ADDITIONAL PAGES: THIS CONTRACT IS SUBJECT TO ALL CONDITIONS ON THE ADDITIONAL PAGES. SAID CONDITIONS ARE A PART OF THIS AGREEMENT. By signing below, I/We acknowledge that I/We have read, understand, and agree to terms stated on ALL THREE PAGES of this agreement. In witness hereof, each party to this agreement has caused it to be executed in Enid, OK on the date indicated above. OPEN HEIFERS: Unless otherwise stated, heifers sold in this contract are not guaranteed open. PARTIAL INVALIDITY: No partial invalidity of this agreement shall affect the remainder. SECURITY AGREEMENT: Buyer hereby grants to Winter Video Auction a security interest in the livestock 7 described herein, including the products and proceeds thereof, until such time as Winter Video Auction actually receives final payment of the full purchase price of said livestock on any payment item issued or until Winter Video Auction receives full and final payment of the livestock by cashier's check or wire transfer of funds. TRANSFER OF TITLE: Title to livestock does not transfer to buyer, even upon delivery, until Winter Video Auction has received payment in full and those funds have been collected or honored by the financial institution on which the payment instrument was drawn. DEFAULT: In case of default by either Buyer or Seller, the defaulting party shall be liable for actual and incidental damages as are permitted by the Uniform Commercial Code, plus court costs and attorney's fees, as well as to any available equitable relief. Default shall exist if full and final payment is not received within one business day from the date Buyer takes possession of the livestock described herein, or if the check given in payment for the livestock is dishonored, or upon the death, bankruptcy or insolvency of the buyer or upon the sale of said livestock without Winter Video Auction's written permission. Upon default Winter Video Auction, with or without notice, may exercise any and all rights accorded it by law and this contract, including but not limited to the following: If Buyer defaults, he will forfeit his $100.00 per head part payment. Default shall exist upon Seller's failure, for any reason whatsoever (other than an act of God), to deliver to Buyer, all cattle purchased hereunder, as herein required, Seller shall promptly refund to Winter Video Auction the part payment advanced on such undelivered cattle, plus commission. Winter Video Auction will refund to the Buyer the total amount of the part payment advanced by the Buyer. This shall constitute the only liability of Winter Video Auction to Buyer. Winter Video Auction shall also have the option, in the event of the default by Buyer, of paying Seller in full for the cattle and of holding and reselling the cattle in a reasonable commercial manner. In that event, Buyer shall be liable to Winter Video Auction for all damages incurred, including costs and decline in market value of the cattle. GOVERNING LAW: Jurisdiction and venue for any and all causes arising under this contract shall be governed by the laws of the State of OK. Venue shall lie only in the state of OK. ACT OF GOD: Seller and Winter Video Auction shall not be liable for any delay or failure to deliver any or all of the livestock in case delay or failure is caused by any act of God or by destruction in whole or part of the livestock. When Seller claims excuse for nonperformance under this paragraph, reasonable notice and documented proof must be given to Buyer and Winter Video Auction. NO ASSIGNMENT OR DELEGATION: No right or interest in this contract shall be assigned by either Buyer or Seller, and no delegation may be made of any obligation owed by Buyer or Seller under this agreement. Any attempted assignment or delegation shall be void and totally ineffective for all purposes. ENTIRE CONTRACT: This contract contains the entire agreement between Seller and Buyer and cannot be changed except in writing signed by both parties LOT #: 3221.0 SELLER: Dorhmann Farms BUYER: Mark Hogan By: _____________________________________ By: _____________________________________ Lien Holder: Rep: Aaron Winter 316-253-8934 By & Title: __________________________________ CONTRACT 8 BUYER / SELLER SUMMARY - Winter Video Auction 1119 W. Cherry Ave. Enid, OK 73703 (580) 237-4600 LOT#: 3221.0 SELLER#: 14 BUYER#: 159991 THIS CONTRACT made and entered into this February 05, 2015 , by and between SELLER: Dorhmann Farms Address: City: State: Zip: HomePhone: MobilePhone: hereinafter known as SELLER, and BUYER: Mark Hogan City: Kit Carson State: CO HomePhone: 7196910003 hereinafter known as BUYER. Address: P.O Box 58 Zip: 80825 MobilePhone: Buyer agrees to purchase the following described livestock for the consideration set forth in this contract. NUMBER OF HEAD: 40 KIND/SEX: 2nd calf bred heifers BASE WEIGHT: 1200 PRICE: $3200.00 MIXED LOADS: SLIDE: na, na SLIDE WEIGHT: na BREED: Angus cows that were AI to; SHF Literal: BW 0.9 WW 43.0 YW 90.0 CHB 28 SHF Kennedy BW 1.1 WW63 YW 96 CHB 41 They are both from Sandhills farms polled Herefords. Also a Gelbvieh bull from State Line Genetics was turned out with them to clean up. ORIGIN: Kansas FRAME: medium-large WEIGHT VARIENCE: mostly even FLESH: medium FEED PROGRAM: sileage and hay could be moved to stalks at a later time. HORNS: none DATE INPLANTED: 0000-00-00 IMPLANT: none TAG PROGRAM: We can put a numbered tag in the cows if the buyer wants. VACCINATIONS: bovishield 5L and a pour-on wormer in November. They have not had a scour guard shot yet. CURRENT LOCATION: Ensign Kansas 20 miles south west of Dodge city. Where the livestock shall remain and be handled in their normal and usual manner until delivery, unless otherwise expressly agreed in writing. DELIVERY: On/Between: Jan 19, 2015 / Feb 19, 2015 at the option of the representative WEIGHING CONDITIONS GATHERED ASAP EARLY AM: We will gather early in the am and sort then load on trucks. 9 COMMENTS AND ADDITIONAL PROVISIONS: This is a very nice set of 2nd calf hfrs. They have good confirmation and were easy calvers. This will make an excellent set of cows ready to go to work for you. If you would like to see pictures or video of these heifers please call the Rep. 10
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