Zealous Energy Proposal | marinebid

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Zealous Energy Services | marinebid.com

marinebid August 26th auction proposal: Mitch Zealous PO Box 92007 Lafayette, La 70509 337.581.3114 mitchz@zealousenergy.com

marinebid will sell the proposed equipment/vessel package for a straight 8% commission on the hammer price of each item in an online only auction. • Bidding Opens: Monday, August 24th and Closes on Wednesday, August 26th starting at 11am • Advertising Fee of $3500.00 • Consignor payments mailed 15 business days after the auction or directly after closing on vessels. Closing on vessels can take up to 30 days. • Videographer/photographer will be assigned to get detailed photos and videos of your equipment, as well as catalog your equipment and upload items to marinebid.com and other industry related websites. • Auction List: “Daniel B” 160.1’ x 42.1’ x 8.1’ Barge | “Luke Guidry” 54.5’ Vessel | “Miss Katelyn” 50.4’ Vessel LS 518 Crane

Questions about the auction process? Call or email Craig Cancienne | 225.431.0543 | craig@marinebid.com

13340 Florida Blvd. Livingston, LA 70754 Maritime | Construction | Industrial +1-800-850-2252 | +1-225-686-2252 Auctioneer: J. Henderson La Lic# 1160

MARINEBID, LLC 13340 Florida Blvd. P.O. Box 336 Livingston, LA 70754 PHONE (225) 686-2252 FAX (225) 686-0647

AUCTION AGREEMENT

OWNER

__Zealous Energy

Representative _Mitch Zealous

Address

__PO Box 92007_

City, State, Zip __Lafayette, La 70509_______________

Phone

__337-581-3114_

Email ___mitchz@zealousenergy.com__ ___

TERMS: BUYER – SUCCESSFUL BIDDER AT AUCTION

OWNER – SELLER AND CONSIGNOR OF AUCTION ITEM (ITEMS) AUCTIONEER – MARINEBID, LLC CLOSING – THE COMPLETION OF TRANSFER OF OWNERSHIP TITLE OF AUCTION ITEM FROM OWNER TO BUYER. This Auction Agreement is entered into by MARINEBID, LLC of Livingston, Louisiana, hereinafter referred to as AUCTIONEER, and OWNER listed above Hereinafter collectively referred to as OWNER under the following terms and conditions:

MARINEBID, LLC agrees to conduct a public auction sale of the items of property described on attached addendum A Online Auction Bidding Open Date: ___Monday, August 24 th at 9am CST____________________________________ Online Auction Bidding Closing Date: _Wednesday, August 26 th starting at 11am____________________________

(1). OWNER agrees to pay AUCTIONEER for the services rendered by AUCTIONEER a commission of ___8___% of the gross receipts from all sales of the Property made during the effective period of this Auction Agreement whether such sales are made at public auction, by private sale or in any other manner. The effective period of this Auction Agreement will begin on the execution date of this contract and will continue Ninety (90) consecutive calendar days beyond the closing date of the auction. (2). AUCTIONEER agrees to prepare all advertising material and publicity necessary to advertise and promote attendance of buyers and shall be paid the sum of $__3500.00____ for same. (3). $50 Title Fee for each titled item. (4). OWNER and AUCTIONEER agree that all checks shall be made payable to MARINEBID, LLC. AUCTIONEER will be allowed a period of 15 banking days from the sale date in which to remit to OWNER his/her portion of the proceeds from said auction, and at the same time, AUCTIONEER will provide OWNER with a written itemization of each item of Property sold, the selling price, and the actual dollar amount received therefore. (5). AUCTIONEER shall use OWNER’ s name and act on behalf of OWNER fully and to the same extent as OWNER could do personally, to execute all necessary deeds (if any), bills of sale, conveyances and other instruments to every nature necessary or appropriate to the carrying out the power of sale herein granted and the transfer of title to the Property herein described to the respective buyers thereof; provided, however, that AUCTIONE ER shall not make or provide buyers or any other persons with any oral or written representations or warranties on OWNER’ s behalf relating to any items of Property, which Property shall be sold “AS IS, WHERE IS, AND WITH ALL FAULTS” in each instance. (6). OWNER hereby agrees to sell the above-mentioned Property to the highest bidder and deliver to the purchaser Bill of Sale and Titles free and clear of ALL liens and encumbrances. (7). OWNER promises and agrees that the listed Property (except where such Property will be located and auctioned off-site) will be available for viewing 10 days prior to the auction date, and in the event of a failure of OWNER to deliver said Property (except when caused by an event such as an Act of God, or theft of the Property) reasonably in advance of the auction date, or if OWNER shall materially breach this contract, said OWNER agrees to pay the full commission as provided above plus any other actual damages that may occur, including attorney fees and court costs, to AUCTIONEER directly due to OWNER’ s breach of this contract or unexcused failure to deliver. In such instance, the commission is to be based on the fair market value of said Property. In no event will AUCTIONEER be liable to OWNER for indirect, special, consequential or exemplary damages, including, but not limited to, losses of profits, business or opportunities. (8). OWNER agrees that during the effective period of this contract OWNER will not sell, or cause to be sold, any of the Property described in this agreement, save and except through the AUCTIONEER. If OWNER sells item(s) prior to auction, OWNER owes AUCTIONEER entitled full commission based on fair market value of listed items plus a 25% penalty. (9). AUCTIONEER shall have the right, after receiving their compensation as provided herein, to use the residual funds to the extent required to first pay true, verified liens, if any, which are shown in the exhibits attached hereto or which may be brought to their attention and which are not listed in said exhibits. (10). OWNER agrees to hold AUCTIONEER free from any damages or losses that may occur to equipment or merchandise while preparing for said auction, except in the case of gross negligence or willful misconduct by AUCTIONEER.

(11). Default by BUYER. In the event Buyer fails to pay the entire purchase price by the payment deadline (i.e., 24 hours after receiving the invoice):

a. AUCTIONEER may retain and/or recover, upon demand, from Buyer the required Deposit as liquidated damages for such failure.

b. 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(s) at Buyer’s sole expense. Any difference between the sale price for an item by the default ing Buyer and the price received by AUCTIONEER at a resale shall be paid to AUCTIONEER by the defaulting Buyer.

c. In addition, the defaulting Buyer shall be deemed to have granted the AUCTIONEER a security interest in the item, which AUCTIONEER shall retain as collateral security for Buyer’s obligation to AUCTIONEER.

This Agreement, including the Exhibits attached hereto, constitutes the entire agreement between the parties and it shall not be changed except by a written document signed by both parties. This Agreement shall be binding upon and inure to the benefit of the parties and to their respective heirs, successors and assigns. I have read, understand, and agree to the above terms and conditions. Please sign and print

OWNER: x By:

Title:

Date: __________________

By MARINEBID, LLC _______Craig Cancienne Executed with a stated effective date of_____July 17

_______Date: __7-17-2020___________

, 2020

MARINEBID, LLC Contract version 010220 Auction Item Listings: See Addendum A

MARINEBID, LLC 13340 Florida Blvd. P.O. Box 336 Livingston, LA 70754 PHONE (225) 686-2252 FAX (225) 686-0647

Addendum A

OWNER

__Zealous Energy

Representative _ Mitch Zealous

Address

__PO Box 92007_

City, State, Zip __Lafayette, La 70509_______________

Phone

__337-581-3114_

Email ___ mitchz@zealousenergy.com __ ___

MARINEBID, LLC agrees to conduct a public auction sale of the items of property described on attached addendum A Online Auction Bidding Open Date: ___Monday, August 24 th at 9am CST____________________________________ Online Auction Bidding Closing Date: _Wednesday, August 26 th starting at 11am____________________________

Online Auction Items: Daniel B Built – 1980 Gross Tonnage – 449 Net Tonnage – 449 Length – 160.1’ Breadth – 42.1’ Depth – 8.1’ Keyway – 18’ x 11’ Reserve: $550,00.00 Luke Guidry Built – 1974 Gross Tonnage – 76 Net Tonnage – 52 Length – 54.5’ Breadth – 20’ Dept – 6.7’ Reserve: $240,000.00 Miss Katelyn Built – 1996 Gross Tonnage – 60 Net Tonnage – 48 Length – 50.4’ Breadth – 20.5’ Depth – 7’ Reserve: $130,000.00 LS 518 Crane Built – 1979 Make – Link Belt Boom Length – 140’ Black – 6 Sheave Johnson Reserve: $135,000.00

This Agreement, including the Exhibits attached hereto, constitutes the entire agreement between the parties and it shall not be changed except by a written document signed by both parties This Agreement shall be binding upon and inure to the benefit of the parties and to their respective heirs, successors and assigns. I have read, understand, and agree to the above terms and conditions. Please sign and print

OWNER: x By:

Title:

Date: __________________

By MARINEBID, LLC _______Craig Cancienne Executed with a stated effective date of_____July 17

_______Date: __7-17-2020___________

, 2020

MARINEBID, LLC Contract version 010220

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Visit Our Website For A Complete List or To Request a Brochure www.hendersonauctions.com

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ONLINE BIDDING AVAILABLE

Make Plans Now to Attend!

Questions? Call: 800.850.2252

New Listings Added Daily - Until Auction Day!

Auctioneer: M. Henderson La Lic# 136-15 Buyer’s Premium 10% on the 1st $50,000 then 2% on the remaining balance Scan for Auction Details!

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Work Boats, Barges & Marine Related Items (2) 30’x11.5’x3’ Steel Work Boat , Unused Twin Suzuki 140 o/b Motors, Pilot House (7) 25’x10.25’x3’ Steel Work Boats , Unused Twin Suzuki 140 o/b Motors, Pilot House (1)27’x10’x3’ Steel Work Boat , Twin Suzuki 140 o/b Motors, Pilot House (1)24’x8’x2.5’ Steel Work Boat , Twin Yamaha 115 o/b Motors, Pilot House (1)20’x8’x3’ Steel Work Boat w/Pilot House (1)2006 Weldbilt 1860V Aluminum Push Boat w/ob Motor (1) Aluminum Personnel/Push Boat w/ob Motor (13) Unused - 249 Barges, 40’x12’x5’ Double Bottom, Raked On Both Ends (2) 18’’x30’ Steel Spuds w/Weld-on Pockets (2) Small Steel Work Barges/Floats Construction Equipment 2007 Kobelco SK210LC Excavator s/n YQ08U3094, 48’’ Bucket, Plumbed for Hercules Sonic Side Grip Pile Driving Attachment 2005 Takeuchi TL140 Skid Steer s/n 21402980, Rubber Tracks, GP Bucket, 1022 Hours 2004 Caterpillar TH560B s/n CATTH560KSLG00337, 10,000LB Capacity, 4x4, 4 Wheel Steer, OROPS, 4557 Hours Taylor Big Red 16,000 Yard Forklift, Diesel Engine Yale Forklift , LP Gas Engine, Pneumatic Tires 2006 Bobcat MT52 Skid Loader , Diesel Engine Attachments Skid Steer Attachments – 6’ Bucket, Forks, Auger Head, Hydraulic Breaker, 6-way Blade, Grapple Buckets, Etc.

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M-T-M 5004 Pressure Washer (3) Generac GP5000 Generators (3) Honda 3’’ Water Pumps Wacker 3’’ Water Pump ¼ Yard Concrete Bucket Scaffolding Chain Saws Hydraulic Drill w/Power Unit

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Hitachi Chop Saw, Ryobi Table Saw Fuel Tanks/Pumps, Paint Sprayer Misc. Equipment & Supplies Alum. Dock Ramp, Plate/Beams Containment Boom Slide Connector Stock (Aluminum, 9 Bundles), Alum. Boat Cabin, Steel Beams/Angle Barge Ratchets, Shackles/Rigging Skimmers, New Drywall ½’’x12’ Spool of Stainless Steel Cable Misc Lumber 4x4, 3x6, 2x2, 2x10 Concrete Blocks Alum. Light Poles Trailer Ramps Construction Signs/Cones, Alum. Pipe Fans/Heaters, Banding Machine, Gang Boxes 40’ Shipping Containers

Over $16,000 Cost Galvanized Bolts

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Lights, Suction/ Discharge Hose

Shop Tables/Shelving Jib Booms, Electrical Transformer, True Stainless Steel Freezer Daiquiri Machines Outboard Motor Parts Denso Underwater Grout Denso Seashield Aggregate OFFSITE ITEMS ( In Louisiana ) (11) SHUGART 40’ X 10’ X 5’ Pin Together Barges w/2 16” & 2 14” Spud Wells,

Buyer’sPremium: 10%oneach item MS Lic#266Firm Lic#462F

Industries Band Saw ThermalArc Welder Kohler Pro12.5 Gas Powered Compressor

24’’ Backhoe Bucket 24’’ Excavator Bucket

Online Bidding Available Register at www.HendersonAuctions.com

Henderson Auctions.com Since 1957 13340 Florida Blvd., Livingston, LA 70754 • LA lic# 136-14 • 225-686-2252