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Owner name:*		Address:*
City:*		State:*
Zip:*		Email:*
Telephone*:		Fax*:

Consigned by (complete this line exactly as you wish consignor name to appear in Sale Cataglog)

Agent's Authorization From Owner

Agent name:		Agent address:
Agent city:		Agent state:
Agent zip:
Agent telephone:		Agent fax:

Agent's disclaimer:
[Download agent's disclaimer]

I agree

Horse #1

Name:*		Registration number:* (if registration pending write "pending")
Sex:* Filly Colt Gelding Mare Stallion		Breed: QH TB APHC APHA
Check as appropriate: AQHA Parentage Verified Blood Typed Embryo Tranfer Transport Cooled Semen Genetic Typed

Color:*	Foaling date:*	MBNA Certified:
Sire:*	Sire registration number:	Sire TB:
Dam:*	Dam registration number:	Dam TB:
Engagements paid to date: If this is a broodmare fill out the following:
Stallion Bred To:	Last Breeding Date:

Horse #2

Name:		Registration number: or registration pending
Sex: Filly Colt Gelding Mare Stallion		Breed: QH TB APHC APHA
Check as appropriate: AQHA Parentage Verified Blood Typed Embryo Tranfer Transport Cooled Semen Genetic Typed

Color:	Foaling date:	MBNA Certified:
Sire:	Sire registration number:	Sire TB:
Dam:	Dam registration number:	Dam TB:
Engagements paid to date: If this is a broodmare fill out the following:
Stallion Bred To:	Last Breeding Date:

Horse #3

Name:		Registration number: or registration pending
Sex: Filly Colt Gelding Mare Stallion		Breed: QH TB APHC APHA
Check as appropriate: AQHA Parentage Verified Blood Typed Embryo Tranfer Transport Cooled Semen Genetic Typed

Color:	Foaling date:	MBNA Certified:
Sire:	Sire registration number:	Sire TB:
Dam:	Dam registration number:	Dam TB:
Engagements paid to date: If this is a broodmare fill out the following:
Stallion Bred To:	Last Breeding Date:

Horse #4

Name:		Registration number: or registration pending
Sex: Filly Colt Gelding Mare Stallion		Breed: QH TB APHC APHA
Check as appropriate: AQHA Parentage Verified Blood Typed Embryo Tranfer Transport Cooled Semen Genetic Typed

Color:	Foaling date:	MBNA Certified:
Sire:	Sire registration number:	Sire TB:
Dam:	Dam registration number:	Dam TB:
Engagements paid to date: If this is a broodmare fill out the following:
Stallion Bred To:	Last Breeding Date:

Consignment Agreement:
[Download consignment agreement]

CONSIGNMENT CONTRACT
PLEASE READ BEFORE SIGNING 
I hereby consign the foregoing livestock (the "Animals") to Eclipse Sales Company (ESC) for sale in the ESC Select Yearling Sale and inclusion in the Sale Catalog subject to the following  terms and conditions:

(1.) I warrant title to each Animal free from all adverse claims to ownership, use or possession and agree to defend title against all claims. I authorize ESC to advertise and sell each Animal  at public auction and to make on my behalf the representations and warranties set forth in the Sale Catalog, to deliver possession of each Animal to the highest recognized bidder, to transfer  title to each Animal to the highest recognized bidder and to receive and disburse the proceeds of the sale from my account.

(2.) I agree to pay ESC the designated Entry Fee for each Animal on or before the due dates. No substitutes will be permitted. Subject to the refund provisions set forth in this Agreement,  the Entry Fee will be deemed earned by ESC on the appropriate Withdrawal Date. The Withdrawal Date is May 1, 2005. I understand I have the right to withdraw any Animal prior to the  Withdrawal Date and receive a refund of any portion of the Entry Fee previously paid by delivery of a written notice of withdrawal to ESC. Subsequent to the designated Withdrawal Date,  ESC\\\'s authority to sell each Animal is irrevocable and each such Animal will be offered at the Sale unless the Animal is excused by ESC.  In the event any Animal is not offered at the Sale  (unless withdrawn prior to the Withdrawal Date or excused by ESC), I agree to pay to ESC, on demand, as liquidated damages and not as penalty, the Entry Fee and the sum equal to 8%  of (i) the amount of the sale price, if such Animal has been sold, or (ii) the fair market value of such Animal as of the Sale Date if such Animal has not been sold or the sale price cannot be  determined to ESC\\\'s satisfaction.

(3.) In addition to the $600.00 Entry Fee, I agree to pay ESC the sales commission on each Animal computed on the final recognized bid at the Sale, by whomsoever made, regardless of  whether such Animal is or is not sold at such bid. ESC is authorized to deduct all sums owing to ESC from my account and in the event of any deficiency, I agree to immediately pay ESC  the balance due. The commission will be 5% with a minimum of $500.00 payable to ESC.

(4.) I understand that ESC reserves the right to: (i) reject the entry of any Animal in the Sale at any time, (ii) approve any assignment of my rights and obligations under this agreement, (iii)  determine the order of sale of all Animals, (iv) assign stabling facilities subject to such stabling policies as ESC may establish, (v) examine each Animal and make such catalog corrections  and announcements as ESC deems appropriate, (vi) reject any Animal if Animal is deemed not in a saleable condition on Date of Sale, retaining entire Entry Fee, and (vii) change the time,  date or location of the Sale should circumstances, in ESC\\\'s sole discretion, necessitate such a change.

(5.) I agree, at the time of entry, to deliver to ESC the following documents in form satisfactory to ESC with respect to each Animal: (i) the original certificate of registration issued either by  American Quarter Horse Association, Appaloosa Horse Club, American Paint Horse Association or The Jockey Club (or my certificates that all matters required by the applicable registry  have been furnished and issuance of the certificate of registration pending), (ii) all transfer reports and other items required to transfer registration of the Animal to the Buyer, (iii) properly  signed stallion service and breeders certificates for bred mares. As a condition to bringing the Animals on ESC\\\'s premises, I agree to provide (i) a health certificate dated NO EARLIER than  twenty (20) days prior to the date of the Sale, (ii) a NEGATIVE COGGINS test dated NO EARLIER than six (6) months prior to the date the Animal sells, and (iii) if the Animal is represented  to be bred or pregnant, evidence by a licensed veterinarian of pregnancy status dated NO MORE than ten (10) days prior to the date the Animal sells. I UNDERSTAND THAT ESC WILL  WITHOLD ANY MONIES DUE ME UNTIL ALL SUCH DOCUMENTS ARE DELIVERED TO ESC IN SATISFACTORY FORM.

(6.) I understand, providing all necessary documents regarding sale of Animal are in possession of ESC, ESC will disburse only those collected funds from purchasers for my consignment  to me within fourteen (14) days after the sale. I understand that proceeds will not be distributed on any Animal that is the subject of a dispute or claim by the purchaser until such dispute  or claim is resolved and the proceeds of sale have been received in cash by ESC. I understand that I am not entitled to any interest or monetary compensation for any such delay in the  distribution of net proceeds. Registration Certificates will not be transferred until the buyer\\\'s check has cleared the bank. Papers will be processed within forty-five (45) working days following  the Sale day. Payment to ESC\\\'s consignors will be held until all necessary papers are in ESC\\\'s offices and proceeds from sale are collected. A $25.00 fee per Animal will be assessed for  all Entry Fees which are approved by ESC to be withheld from the consignor\\\'s sale proceeds.

(7.) I agree to provide such information as ESC might request with respect to the ownership, description, pedigree, parentage verification, produce, performance, health and conformation  of each Animal. I understand that ESC will provide to me a copy of the Sale Catalog prior to the Sale Date setting forth my representations and warranties with respect to each Animal and I  AGREE TO REVIEW SUCH CATALOG AND PROMPTLY NOTIFY ESC OF ANY CORRECTIONS THERETO. I understand I am sole guarantor of all information regarding my Animal(s) in  the Sale Catalog and that neither ESC nor the Sale Catalog Production Company employed by ESC will be held responsible for errors in documentation of Sale Catalog.

(8.) I represent and warrant to ESC and the buyer of each Animal: (i) title to the Animal free from all adverse claims of ownership, use or possession, (ii) the Animal is sound of eyes, (iii)  the Animal is not a �cribber�, (iv) the sex and condition of the Animal as a gelding or a ridgeling is as described in the Sale Catalog, (v) the identity of the Animal is as described in the Sale  Catalog, (vi) that each Animal which is Thoroughbred or Quarter Horse has been blood typed or had a genetic sample taken in accordance with the current rules and regulations of the applicable breed registry for the Animal and all APHA Racing foals foaled after December 31, 1999 must be �Parentage Verified� and (vii) that each Animal which is a Quarter Horse and foaled  after December 31, 1999 has been �Parentage Verified� in accordance with the current AQHA\\\'s rules and regulations. For foals under ninety (90) days of age, the consignor\\\'s obligations  under clauses (vi) and (vii) will be satisfied if the consignor has submitted all necessary samples to the appropriate breed registry and a parentage verified registration certificate is issued  for the Animal within a reasonable period of time after the sale not to exceed ninety (90) days.

(9.) I agree to deliver the Animal f.o.b. to the Sale location no later than 12:00 p.m. local time on the day prior to the anticipated Sale date. I understand the maintenance of each Animal is  my responsibility until sold and I agree to care for each Animal while stabled on the Sale premises in accordance with approved husbandry practices and ESC\\\'s stabling policies. On my  failure to so care for any Animal, I agree that ESC may, at ESC\\\'s option, undertake such care and I agree to reimburse ESC for all expenses of stabling, feed, veterinary care, transportation  and maintenance of any Animal. I agree that ESC will not incur any liability whatsoever for the loss, damage, injury, death or illness of any Animal.

(10.) I understand that ESC will use reasonable efforts to verify the financial responsibilities of the buyer of each Animal and that possession of each Animal sold will be released to the buyer  against receipt of future payment after satisfaction of ESC\\\'s Settlement Procedures. I agree that if the sale of any Animal is not consummated by reason of default by the buyer or otherwise,  ESC shall not be liable for the purchase price of the Animal and ESC\\\'s sole obligation shall be to assist me in the collection of the purchase price of the Animal, assist in the recovery of the  Animal or to assist in the resale of the Animal at the Sale or by private sale to the extent that I might request. I understand that ESC does not guarantee the validity, enforceability, payment  or collection of any instrument delivered to ESC in payment of the purchase price of any Animal. Any obligation which ESC might owe to me, by reason of buyer\\\'s default, will be discharged  by ESC\\\'s resale of the Animal by public or private sale whether or not the resale price equals the price agreed to be paid by the defaulting buyer.

(11.) ESC reserves the right to select the entries for the Sale based on pedigree alone and may refuse entries, refunding full entry fee, at anytime. The selection process rests solely with  ESC.

(12.) I understand that neither ESC nor the Sale Catalog Company will be held responsible for providing information as to multiple Embryos (foals of the same year), nor will either company  be held liable in any way for buyer\\\'s belated awareness of such information. I understand that I am the sole guarantor of any such warranty.

(13.) I agree to indemnify and hold ESC harmless from all claims, expenses and costs (including, without limitation, attorney\\\'s fees) arising out of: (i) any questions of title to or my authority  to sell any Animal, (ii) any lien, attachment or claim asserted against any Animal or the proceeds of sale, (iii) any claimed default in my representations or warranties with respect to any  Animal, (iv) loss or damage to property and injury or death of persons caused directly or indirectly by me, my agents or employees of any Animal, (v) my entry or sale of any Animal, (vi) any  questions of parentage of Animal or any failure of the Animal to verify its parentage as represented herein and in the Sale catalog, (vii) my default in performance hereunder. I agree to pay  ESC on demand, the full amount of any loss which ESC may incur in settlement of any claim or demand on account thereof.

(14.) I understand that the terms of Sale Conditions and Settlement Procedures published in the Sale catalog will govern the sale of each Animal as will the laws of the state of Texas and  I hereby approve the same and agree to be bound thereby. I understand that should any provision of ESC\\\'s contract be held illegal or invalid, such illegality or invalidity shall not affect the  remaining provisions of the contract.

(15.) This agreement is binding on me, my heirs, personal representatives, successors, permitted assigns and any successor in ownership of each Animal and will inure to the benefit of  ESC\\\'s successors and assigns. Any person signing this agreement will be jointly and severally liable for upholding these Conditions. I have read the foregoing terms and conditions, and,  upon signing this contract, agree to abide by them.

(16.) Condition of $250,000 bonus, (i) a Graduate of ESC\\\'s September 17, 2005 yearling sale (ii) wins both the Dash For Cash Futurity and the Texas Classic Futurity in 2006. Bonus will  be divided (i) $100,000 to owner of record as listed on the consignment contract when yearling sells through the ESC, (ii) $100,000 to owner of record at time of winning the Texas Classic  Futurity and (iii) $50,000 to trainer of record at time of winning the Texas Classic Futurity. In the event either of the Futurities is not run in 2006, a Futurity of similar status may be substituted  at ESC\\\'s sole selection.

I agree