NOT SOLD (BIDDING OVER)
0.00USD+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2003 Jun 20 @ 16:00UTC-08:00 : PST/AKDT
Signed document, one page both sides, 8.5 x 11, October 22, 1954. A collateral note for funds borrowed, Kelly agrees to repay The Westchester Bank & Trust Company a total of $95,000 within 90 days with an added interest rate of 3.25%. Uniquely signed in full, "Eugene C. Kelly," at the conclusion in black ink. Numerous handwritten notations and sligh wrinkling along the edges, otherwise in fine condition. Est. 100 - 150
Auction Location:
United States
Previewing Details:
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Taxes, postage, freight charges, if applicable, handling, insurance, the seventeen and one-half percent (17.5%) Buyer's Commission, and any other fees required by law to be charged or collected will be added to the invoice for any lot(s) that is invoiced to successful Bidders.
Additional Fees:
Shipping Details:
It is the Bidder's responsibility to contact Odyssey after the sale to make shipping and packaging arrangements. Due to the fragile nature of some lots, Odyssey may be forced to charge additional shipping and handling. Lots indicated as being "framed" are shipped at the Bidder's risk. Taxes, postage, freight charges, if applicable, handling, insurance, the seventeen and one-half percent (17.5%) Buyer's Commission, and any other fees required by law to be charged or collected will be added to the invoice for any lot(s) that is invoiced to successful Bidders.
Payment Details:
Acceptable payment methods are (1) cash in U.S. funds payable through a bank in the United States by personal check, cashier's check, certified check or money order; (2) bank wire; (3) Visa, MasterCard, Discover or America Express. On any cash transaction or series of transactions exceeding $10,000, Treasury Form 8300 will be filed. Contact Odyssey for wiring instructions before sending a wire.
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Bidders who have not established credit with Odyssey must furnish satisfactory credit references or deposit at least twenty-five percent (25%) of their total bids for that Auction Sale session(s) or such other amounts as Odyssey may, in its sole and absolute discretion, require before such bids will be accepted. Deposits submitted will be applied to purchases. Any remaining deposits will be promptly refunded, upon clearance of funds. Odyssey will not assume responsibility for the shipping and packaging of certain larger items or items of a more fragile nature sold in this sale as determined by Odyssey. It is the Bidder's responsibility to contact Odyssey after the sale to make shipping and packaging arrangements. Due to the fragile nature of some lots, Odyssey may be forced to charge additional shipping and handling. Lots indicated as being "framed" are shipped at the Bidder's risk. Taxes, postage, freight charges, if applicable, handling, insurance, the seventeen and one-half percent (17.5%) Buyer's Commission, and any other fees required by law to be charged or collected will be added to the invoice for any lot(s) that is invoiced to successful Bidders. On any tax not paid by Bidder which should have been paid, even if not collected by Odyssey by mistake, error, negligence or gross negligence, Bidder agrees to promptly pay the same on demand together with any interest or penalty that may be assessed. Title to any lot remains with Consignor, any secured party of the Consignor, or Consignor's assigns, as the case may be, until the lot is paid for in full by Bidder. Odyssey reserves the right to require payment in full before delivering any lot to the successful Bidder. The RISK OF LOSS passes to the Bidder upon delivery of the lot(s). <p>6. Financial Responsibility. In the event a successful Bidder fails to make payment when due, Odyssey reserves the right to resell the lot(s) in a commercially reasonable manner, which may include a private sale. Bidder agrees to pay for the reasonable cost of such a sale, together with any incidental costs of sale, including reasonable attorney's fees and costs, cataloguing and any other reasonable charges. Bidder grants to Odyssey or its assigns the right to offset any sums due, or found to be due to Odyssey, and to make such offset from any past, current, or future consignment, purchases that are in the possession or control of Odyssey; or from any sums due to Bidder by Odyssey. Bidder further grants Odyssey a purchase money security interest in such sums or items to the extent applicable. Bidder agrees that Odyssey and its assigns shall be a secured party with respect to items bought by Bidder and in the possession of Odyssey, to the extent of the maximum indebtedness, plus all accrued expenses attorney fees and costs, until the indebtedness is paid. Bidder grants Odyssey the right to file a UCC-1 financing statement on such items without need for Bidders signature, and to assign such interest to any affiliated or related company or any third party deemed appropriate by Odyssey. If the auction invoice is not paid for in full when due per invoice terms, the unpaid balance will earn interest at the rate of one-and-one-half percent (1-1/2%) per month until it is paid in full. In the event this interest rate exceeds the interest permitted by law, the same shall be adjusted to the maximum rate permitted by law. Bidder agrees to pay all reasonable attorney's fees, court costs and other collection costs incurred by Odyssey or any affiliated or related company to collect past due invoices. Odyssey reserves the right to assign its interest to any third party. <p>7. DISCLAIMER AND WARRANTIES. NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS MADE OR IMPLIED ON ANY LOT. NO WARRANTY, WHETHER EXPRESSED OR IMPLIED, IS MADE WITH RESPECT TO ANY LOT EXCEPT FOR WARRANTY OF TITLE, AND IN THE CASE OF TITLE, AUCTIONEER IS SELLING ONLY THAT RIGHT OR TITLE TO THE LOTS THAT AUCTIONEER MAY HAVE BY VIRTUE OF THE CONSIGNEMNT AGREEMENTS WITH CONSIGNORS AS OF THE AUCTION SALE DATE. PURCHASER HEREBY ASSUMES ALL RISKS CONCERNING AND RELATED TO THE GRADING OF A LOT. <p>a. All sales of items (1) viewed by Bidders in advance of a sale, even if the sale is by mail, telefax or internet, or (2) bid upon by Floor Bidders, Telephone Bidders and Bidders who present Odyssey with a resale certificate, out of state resale certificate, or similar evidence in acting as a dealer; ARE FINAL AND MAY NOT BE RETURNED. <p>b. Any and all claims that an item is not authentic, must be made in writing to Odyssey within five (5) calendar days after receipt of the item. <p>c. If an item or items are returned pursuant to the terms herein, they must be housed in their original, sealed and/or unopened container. <p>d. Late remittance or removal of any item form its original container constitutes just cause for revocation of all return privileges. <p>e. Grading or condition of items in the Auction Sale may have a material effect on the value of the item(s) purchased, and the opinion of others (including independent services) may differ with the independent services opinion or interpretation of Odyssey. Odyssey shall not be bound by any prior, or subsequent opinion, determination or certification by any independent service. <p>f. Authentication of autographs is not an exact science and Odyssey offers for Auction Sales only those items believed to be genuine autographed material as reviewed, evaluated and approved for sale by our staff of leading experts. Odyssey shall not be bound by contrary opinions of other experts as a basis for a return or the cancellation of an Auction Sale, and accordingly, Bidder recognizes that any claim made by Bidder pursuant to these Terms and Conditions must be accompanied by credible and definitive evidence in order for Odyssey to consider the claim and further, there is no assurance that such claim will be validated by Odyssey. <p>g. All oral and written statements made by Odyssey and its employees (including affiliated and related companies) are statements of opinion only, and are not warranties or representations of any kind, unless stated as a specific written warranty, and no employee or agent of Odyssey has authority to vary or alter these Terms and Conditions of Auction Sale. Any alteration shall be effective only if in writing and signed by an officer of Odyssey authorized to do so. <p>h. Bidders shall have no recourse against the Consignor for any reason whatsoever. <p>i. Bidder acknowledges that the market for collectibles is speculative, unregulated and volatile, and that collectibles prices may rise or fall over time. Odyssey does not guarantee that any customer buying for investment purposes will be able to sell for a profit in the future. <p>8. Waiver and Release. Bidder, for himself, his heirs, agents, successors and assigns, generally and specifically waives and releases, and forever discharges Odyssey, and its respective affiliates, parents, shareholders, agents, subsidiaries, employees, members of their respective boards of directors, and each of them, and their respective successors and assigns from any and all claims, rights, demands and causes of actions and suits, of whatever kind or nature, whether in law or equity, whether known or unknown, suspected or unsuspected, which Bidder may claim to have with respect to and/or arising out of, or in connection with any challenge to the title to any goods purchased, the sale itself, and/or the auction, except where such reimbursement is otherwise authorized in these Terms and Conditions of Auction Sale. It is the intention of Bidder that this waiver and release shall be effective as a bar to each and every claim, demand, cause of action and suit that may arise hereunder, and Purchaser hereby knowingly and voluntarily waives any and all rights and benefits otherwise conferred upon him by the provisions of Section 1542 of the California Civil Code, which reads in full as follows: <p>'A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." <p>9. Disputes. If a dispute arises concerning ownership of a lot that has been bid upon, Odyssey reserves the right to commence a statutory inter-pleader proceeding at the expense of the Consignor and successful Bidder and any other applicable party, and in such event shall be entitled to its reasonable attorneys' fees and costs. Odyssey reserves the right to postpone the Auction Sale or any session thereof for a reasonable period of time for any reason whatsoever. No Bidder shall have any claim as a result thereof, including incidental or consequential damages. Neither Odyssey nor any affiliated or related company shall be responsible for incidental or consequential damages arising out of any failure of the Terms and Conditions of Auction Sale, the auction or the conduct thereof and in no event shall liability for any such failure exceed the purchase price, premium, or fees paid. If the Bidder fails to comply with one or more of these Terms and Conditions of Auction Sale, then, in addition to all other remedies which it may have at law or in equity, Odyssey may at its sole option either (a) cancel the sale, retaining all payments made by Bidder as liquidated damages, it being recognized that actual damages may be speculative or difficult to compute, or (b) sell a portion or all of the lot(s) held by Odyssey, in a quantity sufficient in the opinion of Odyssey to satisfy the indebtedness, plus all accrued charges, and Odyssey may sell such portion at an auction sale or private sale conducted by Odyssey and charge a seller's commission that is commercially reasonable. More than one such sale may take place at the option of Odyssey. Notice of the sale shall be by U.S.P.S. Certified Mail, Return Receipt Requested to the address utilized on the Bid Sheet, Auction Consignment and Security Agreement or other last known address by Odyssey. The proceeds shall be applied first to the satisfaction of any damages occasioned by Bidder's breach, then to any other indebtedness owed to Odyssey, including without limitation, commissions, handling charges, the expenses of both sales, reasonable attorneys' fees, costs, collection agency fees and costs and any other costs or expenses incurred. Bidder is also liable to Odyssey if the proceeds of such sale or sales is insufficient to cover the indebtedness. Rights granted to Bidders under the within Terms and Conditions of Auction Sale are personal and apply only to the Bidder who initially purchases the lot(s) from Odyssey. The rights may not be assigned or transferred to any other person or entity, whether by sale of the lot(s), operation of law or otherwise. Any attempt to assign or transfer any such rights shall be absolutely void and unenforceable. No third party may rely on any benefit or right conferred by these Terms and Conditions of Auction Sale. <p>10. General Terms. These Terms and Conditions of Auction Sale and the auction shall be construed and enforced in accordance with, and governed by, the laws of the State of California, regardless of the location of the Auction Sale. Bidder acknowledges and agrees that the competent courts of the State of California shall have exclusive jurisdiction over any dispute(s) arising hereunder, and Bidder hereby agrees that any dispute arising hereunder shall be litigated exclusively in the courts of the State of California, regardless of any party's current or future residence or domicile. Bidder further agrees that venue shall be in the Superior Court for Orange County, in the State of California. Bidder agrees that any legal action with respect to this Auction Sale is barred unless commenced within one (1) year of the date of this Auction Sale. If any section of these Terms and Conditions of Auction Sale or any term or provision of any section is held to be invalid, void, or unenforceable by any court of competent jurisdiction, the remaining sections or terms and provisions of a section shall continue in full force and effect without being impaired or invalidated in any way. Odyssey may at its sole and absolute discretion, make loans or advances to Consignors and/or Bidders.