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July 8, 2008
Terms of Sale

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1. Sliding Weight Scale
Estimated weights are the basis for bids on livestock. The final price will be adjusted for the difference between actual average pay weight, rounded to the nearest pound and the estimated average pay weight allowing for any stated tolerance. For each pound the actual average pay weight is different than the estimated average pay weight plus or minus the stated tolerance, the price will be adjusted by a price slide amount stated in the contract. The specific tolerance, slide amount and direction of the slide will be stated in the contract.

Example: cattle are described to weight an average of 475# with a 10 pound tolerance on both sides of the estimated average weight (i.e. 465# and 485#) and a slide amount of $0.10 per pound. These cattle are sold for $91 cwt. If the actual average pay weight at delivery is between 465# and 485# inclusive, the price will remain $91 cwt. If the cattle's average pay weight is 464# or less, the price will increase $0.10 for each pound less than 465#. At 464#, the price is $91.10 cwt.; at 460# the price is $91.50 cwt., etc. If the actual average pay weight at delivery is 486# or greater, the price will be reduced by $0.10 for each pound more than 485#. At 486#, the price will be adjusted to $90.90 cwt., etc.

If the slide is stated in the contract to be TOP SLIDE ONLY then the price changes only if the actual average pay-weight is heavier. If the slide is stated in the contract to be BOTTOM SLIDE ONLY then the price changes only if the actual average pay-weight is lighter than the estimate. If the slide amount is stated in a negative sign on the BOTTOM SIDE ONLY then the price will be decreased when the actual pay weight is lighter than estimated.

2. Part Payment
Acceptance of sale price and terms of this sale will by consummated with a part payment of $40 per head, payable by the following business day, by wire transfer to: The Livestock Market Custodial Account #4505-433, Baraboo National Bank, Routing #075901590.

3. Full Payment
The seller will receive payment from a custodial account for shippers proceeds at delivery. Full payment from the buyer will be due delivery day by wire transfer or check sent by overnight mail. In the event of multiple shipment, payment will be required each day. Any and all payments will be made to: The Livestock Market account for shippers proceeds and sent to: The Livestock Market, E10890 Penny Lane, Baraboo, WI 53913 or wired to the above account.

4. Truck Load Lots
All livestock contracted will be sold in truck lots unless otherwise stated. The head count stated in the contract will be adjusted to fit the trucks in order to keep the weight at contract specifications. If the livestock are heavier or lighter than estimated, the seller will adjust the head count up or down to fit total represented weight in the contract. Seller is responsible for freight adjustment for weight under 10 percent of the estimated weight stated in the contract (not to exceed 50,000 pounds gross weight per truck).

5. Transfer of Title
Legal title passes from the seller to the buyer upon full payment for the livestock.

6. Risk of Loss
The seller will be liable for loss of the livestock until they are loaded on buyer's trucks. The buyer assumes all risk of loss for the livestock after they are loaded on buyer's trucks.

7. Beef Industry Council
The Livestock Market will act as agent for the Beef Industry Council and collect the mandatory $1 per head checkoff. Seller agrees to have this fee deducted from proceeds of the sale.

8. Incidental Expenses
Seller agrees to pay all incidental expenses such as: yardage, brand inspection, health papers and/or weighing charges, and calfhood vaccination or S- branding of heifers unless otherwise stated in the contract.

9. In Case of Bid Dispute
If any dispute arises between two or more bidders, The Livestock Market will immediately put the lot up for sale again and resell to the highest bidder. The decision of The Livestock Market shall be final and absolute. All sale day information and changes announced will take precedence over any material distributed prior to the sale.

10. Delivery
The Livestock Market will deliver only to the original buyer. The agent representing The Livestock Market shall have the right, at delivery, to sort and reject any livestock that are not in good, strong, and healthy shipping condition. Unmerchantable livestock include but are not limited to crippled, lame, deformed, bulls, stags, lump jaw, bad backs, locos, bad eyed, non-performers, unhealthy livestock and shorts. Any livestock added to the livestock described in the contract after the date of the auction without the approval of the buyer may not be accepted by the buyer.

11. Delivery Dates
If uncontrollable circumstances such as weather, availability of trucks, death, etc. requires seller or buyer to request minor changes to the delivery dates outside of the contract delivery date range, The Livestock Market has the authority to make adjustments to accommodate the particular circumstance.

12. Buyers Trucks
The agent representing The Livestock Market shall have the right to make any necessary adjustments concerning shrink at delivery if buyer's trucks are not on time and cause any unnecessary shrinkage to the sellers livestock. The buyer assumes responsibility and liability of loss for the livestock upon loading on buyer's trucks. Seller agrees to provide the labor to load the livestock on the trucks.

13. Final Decisions
Every effort has been made to assure the correctness of www.thelivestockmarket.com, but the decisions of The Livestock Market shall be final and absolute.

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