Winter Video Auction
1119 W. Cherry Ave.
Phone: (580) 237-4600
Invoice - Buyer Down Payment
BUYER #: 9751
DATE: November 03, 2014
BUYER: Russ Peard
ADDRESS: 308 West 14 Road
CITY: Phillips
STATE: NE
PHONE: 402-886-2954
ZIP: 68865
LOT #
KIND/SEX
NO/HD
BASE/WT
AMOUNT DUE
3209.0
Hfrs
160
825
$16,000
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 #: 6060
DATE: November 03, 2014
Seller: J & M Cattle
ADDRESS:
CITY: Dodge City STATE: CO
PHONE:
ZIP:
LOT #
KIND/SEX
NO/HD
BASE/WT
DOWN PAYMENT
3209.0
Hfrs
160
825
$12,800
2
BUYER CONTRACT - Winter Video Auction
1119 W. Cherry Ave.
Enid, OK
73703
(580) 237-4600
LOT#: 3209.0
SELLER#: 14
BUYER#: 9751
THIS CONTRACT made and entered into this November 03, 2014, by and between
SELLER: J & M Cattle
hereinafter known as SELLER, and
BUYER: Russ Peard
Address: 308 West 14 Road
City: Phillips
State: NE Zip: 68865
HomePhone: 402-886-2954
MobilePhone: 308-380-6640
hereinafter known as BUYER.
Buyer agrees to purchase the following described livestock for the
consideration set forth in this contract.
NUMBER OF HEAD: 160
KIND/SEX: Hfrs
BASE WEIGHT: 825
PRICE: $215.00
MIXED LOADS:
SLIDE: .08, Over
SLIDE WEIGHT: 825
BREED: Angus and Angus X
ORIGIN: Kansas
FRAME: Med
WEIGHT VARIENCE: Uneven
FLESH: Med
FEED PROGRAM: Locked up on grower ration
HORNS: Few Nubs
DATE INPLANTED: 0000-00-00
TAG PROGRAM:
VACCINATIONS: Full vac program
CURRENT LOCATION: 8 miles south of Dodge City, KS
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: Dec 10, 2014 / Dec 25, 2014 at the option of the representative
WEIGHING CONDITIONS GATHERED ASAP EARLY AM: Gather early morning weigh on the
ground with a 3% Shrink
COMMENTS AND ADDITIONAL PROVISIONS: Really nice set of feeder hfrs
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
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
3
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 160 head, the sum of $16,000 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 $12,800 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
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
4
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 #: 3209.0
SELLER: J & M Cattle
BUYER: Russ Peard
By: _____________________________________
By: _____________________________________
Lien Holder:
Rep: Joe Benham 620-255-4401
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#: 3209.0
SELLER#: 14
BUYER#: 9751
THIS CONTRACT made and entered into this
November 03, 2014 , by and between
SELLER: J & M Cattle
Address:
City: Dodge City
State: CO Zip:
HomePhone:
MobilePhone:
hereinafter known as SELLER, and
BUYER: Russ Peard
BUYER
hereinafter known as
Buyer agrees to purchase the following described livestock for the
consideration set forth in this contract.
NUMBER OF HEAD: 160
KIND/SEX: Hfrs
BASE WEIGHT: 825
PRICE: $215.00
MIXED LOADS:
SLIDE: .08, Over
SLIDE WEIGHT: 825
BREED: Angus and Angus X
ORIGIN: Kansas
FRAME: Med
WEIGHT VARIENCE: Uneven
FLESH: Med
FEED PROGRAM: Locked up on grower ration
HORNS: Few Nubs
DATE INPLANTED: 0000-00-00
TAG PROGRAM:
VACCINATIONS: Full vac program
CURRENT LOCATION: 8 miles south of Dodge City, KS
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: Dec 10, 2014 / Dec 25, 2014 at the option of the representative
FOB:
WEIGHING CONDITIONS GATHERED ASAP EARLY AM: Gather early morning weigh on the
ground with a 3% Shrink
COMMENTS AND ADDITIONAL PROVISIONS: Really nice set of feeder hfrs
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
6
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 160 head, the sum of $16,000 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 $12,800 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
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.
7
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 #: 3209.0
SELLER: J & M Cattle
BUYER: Russ Peard
By: _____________________________________
By: _____________________________________
Lien Holder:
Rep: Joe Benham 620-255-4401
By & Title: __________________________________
CONTRACT
8
BUYER / SELLER SUMMARY
- Winter Video Auction
1119 W. Cherry Ave.
Enid, OK
73703
(580) 237-4600
LOT#: 3209.0 SELLER#: 14 BUYER#: 9751
THIS CONTRACT made and entered into this
November 03, 2014 , by and between
SELLER: J & M Cattle
Address:
City: Dodge City
State: CO Zip:
HomePhone:
MobilePhone:
hereinafter known as SELLER, and
BUYER: Russ Peard
Address: 308 West 14 Road
City: Phillips
State: NE Zip: 68865
HomePhone: 402-886-2954
MobilePhone: 308-380-6640
hereinafter known as BUYER.
Buyer agrees to purchase the following described livestock for the
consideration set forth in this contract.
NUMBER OF HEAD: 160
KIND/SEX: Hfrs
BASE WEIGHT: 825
PRICE: $215.00
MIXED LOADS:
SLIDE: .08, Over
SLIDE WEIGHT: 825
BREED: Angus and Angus X
ORIGIN: Kansas
FRAME: Med
WEIGHT VARIENCE: Uneven
FLESH: Med
FEED PROGRAM: Locked up on grower ration
HORNS: Few Nubs
DATE INPLANTED: 0000-00-00
TAG PROGRAM:
VACCINATIONS: Full vac program
CURRENT LOCATION: 8 miles south of Dodge City, KS
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: Dec 10, 2014 / Dec 25, 2014 at the option of the representative
WEIGHING CONDITIONS GATHERED ASAP EARLY AM: Gather early morning weigh on the
ground with a 3% Shrink
COMMENTS AND ADDITIONAL PROVISIONS: Really nice set of feeder hfrs
9