Arrow Head Residential Lot Number 71

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Property ID 202989, Arrow Head Residential Lot Number 71, Legal Description: BLK G SEC 186 WTRR CO ARROWHEAD ESTATES LOT 71

RESTRICTIONS FOR SUBDIVISION That I, JOHN LOEPKY, as owner of the following described property, do hereby adopt and impress the following restrictive covenants upon the following described lots, to-wit: Lots 1-177 of Arrowhead Estates, a subdivision located in the S/2 of Section 186 and the West part of Section 187, Block G, W.T. Ry. Co. Survey, Gaines County, Texas; SAVE AND EXCEPT all oil, gas, and other minerals. 1. The lots shall be used for residential purposes, except as provided otherwise herein. Only one primary single-family residential structure, together with private garages and other buildings, shall be allowed on a lot. Secondary living quarters may be maintained in a building on a lot, provided (i) the construction of the primary detached single-family residential structure is completed at the time said secondary living quarters are added; (ii) they are only used by immediate family members; and (iii) they are not rented to third parties. A small family business may be operated on a lot provided the owner and operator of said business lives in the primary residential structure located on said lot. No obnoxious or offensive activity shall be carried on upon a lot, nor shall anything be done thereon which may be or may become any annoyance or nuisance to the neighborhood. No RV, travel trailer, or cabin rentals are allowed on any lot. No commercial store front or business sign shall be permitted on a lot. As used in these restrictions, “residential structure” includes the single family dwelling and its attached garages and carports. 2. On Lots 1-72, a residential structure must consist of new slab-built construction with (a) a ground floor area of not less than 1,800 square feet, exclusive of carports, garages, porches, and roof overhang, and (b) an attached garage suitable for parking at least two (2) standard sized automobiles, which conforms in design and material with the residential structure. Mobile homes, modular homes, and ready-built homes are not permitted on Lots 1-72. Barns are not permitted to be used as primary residential structures on Lots 1-48, but may contain secondary living quarters as provided hereinabove. Barn houses are permitted to be used as primary residential structures on Lots 49-72. On Lots 73-96, mobile homes, modular homes, ready-built homes, and barn homes are permitted as primary residential structures, provided they are new at the time they are placed on a lot, with under-skirting required for mobile homes. On Lots 97-177, mobile homes, modular homes, ready-built homes, and barn homes are permitted as primary residential structures, provided they are not older than 10 years at the time they are placed on a lot, with under-skirting required for mobile homes. A RV and/or travel trailer may be used on a lot as temporary living quarters only while the primary residential structure is being built and for a maximum of 12 months. Otherwise, no travel trailer, RV, basement, tent, shack, garage, or other structure of a temporary character shall at any time be used as a primary residence, temporarily or permanently. 3. On Lots 1-48, the exterior of the residential structure must consist of new materials, with at least 30% of said exterior being brick or stone and with the remainder of the exterior consisting of brick, stone or glass, stucco, and/or high-quality fiber cement siding, subject to following conditions and exceptions: (a) windows and doors and their ordinary frames shall not be included in such restriction; (b) exterior walls may be constructed of brick or stone veneer, rather than of solid brick or stone; (c) no exterior walls may be constructed of pumice stone blocks or cement or concrete or any sort of tile; (d) wood or metal may be used in construction of exterior walls, when thus used to enhance beauty of appearance, so long as such wood or metal does not constitute more than 30% of the exterior walls, exclusive of space occupied by windows and doors. On Lots 49-96, the exterior of residential structures must consist of new materials and may include brick, stone or glass, stucco, high quality fiber cement siding, metal, and high-quality siding. On Lots 97-177, the exterior of residential structures must consist of materials not older than 10 years at the time they are placed on a lot and may include brick, stone or glass, stucco, siding, and metal. 4. The roof on any structure shall be of high quality and shall not consist of the following materials: (a) gravel; (b) roll type roofing; (d) cedar shingles of lower grade than Grade No. two; (e) composition shingles of weight of less than 290 pounds per square; or (f) plastic. 5. The residential structure shall face the street on which it is built. For Lots 1-72, no portion of any residential structure may be situated closer than 50 ft from the property line that establishes the street right of way of the street it faces or 20 feet from the side boundary lines of a lot, and any garage, storage room, carport or other structure that is not attached to the residential structure must be located more than eighty (80) feet from the street on which the residential structure faces and at least 10 feet from the back side of the residential structure. If two or more adjacent lots have the same owner, then the spacing restrictions from an adjoining lot shall not apply to the boundary that is common to the commonly owned adjacent lots, thus allowing the owner of said adjacent lots to build a structure on the boundary line that is common to the commonly owned adjacent lots. The spacing restrictions contained herein shall not apply to sidewalks, curbs and driveways. 6. For Lots 1-72, garages, barns, and other buildings shall not exceed two times the living area of the residential structure and/or 160 percent of the wall height of the residential structure’s eves. The construction of a residential structure must be completed before the construction of any other garage, barn, or other building commences. 7. Lots 1-72 must have a driveway constructed of at least gravel and the utilities for said lots must be buried. No driveway entrances on the property shall be constructed against or across drainage easements or drainage ditches in such a manner as to in any way prohibit the flow of water through such drainage easement. 8. All fencing must be of new construction materials. 9. No further subdivision shall be made of a lot. Only one primary residence shall be allowed per lot. No secondary living quarter may be rented. 10. The lots shall be maintained so that no excessive weeds, grass, rubbish, garbage, refuse, junk, trash, other waste, or obnoxious or offensive material shall be permitted to accumulate on any lot, and the owner or owners of each lot shall cause the same to be disposed of by and in accordance with accepted sanitary practices. No junk yard or storage place for abandoned or junked or wrecked automobiles or used automobile parts may be maintained on any lot. No boat, trailer, camper body or similar vehicles shall be parked for storage for more than six months in the driveway or front yard of a lot. 11. Any structure on a lot shall not be occupied until a water well and septic system is in place and in working order. Designs must be constructed in requirements and standards of state guidelines. 12. All electric secondary/service conductors shall be buried from the utility connection to service point/end-use. 13. Motorized two, three, or four-wheel vehicles (ATV’s, or motorcycles/trailer bikes) may be operated for recreational use only on the lot purchased. Neither the owner of a lot nor any guest or invitee may use the street on which the property abuts or other streets within the subdivision for motorized two, three, or four-wheel vehicle use (ATV’s, or motorcycles/trailer bikes). 14. A maximum of 5 cats, dogs, and/or other household pets may be kept on a lot providing they are not kept, bred or maintained for any commercial purpose. No more than two (2) hooved animals shall be permitted on Lots 1-72 and no more than five (5) hooved animals shall be permitted on Lots 73-177. No more than 20 chickens per lot are allowed on any lot. No ostriches or emus are allowed on any lot. Livestock shall not be kept, bred, or maintained for any commercial purpose. All pens and stalls for said permitted animals must be situated at the back of the property farthest from highway. All persons keeping animals on the property shall be obligated to comply fully with the provisions of the stock laws in force in the State of Texas and to provide good and sufficient fences to meet the requirements of such animals. 15. No trash burning is allowed on weekends, which is defined to commence on Friday at 5:00pm and end at sundown on Sunday. 16. Restrictions set forth in this instrument may be amended by duly recording an instrument executed and acknowledged as follows: (i) for Lots 1-48, by the then owners of lots comprising not less than 80 percent of Lots 1-48; (ii) for Lots 49-96, by the then owners of lots comprising not less than 80 percent of Lots 49-96; (iii) for Lots 97-177, by the then owners of lots comprising not less than 80 percent of Lots 97-177. 17. If the parties hereto, or any of them, or their heirs or assigns, shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any lot within Lots 1- 177 of Arrowhead Estates, a subdivision located in the S/2 of Section 186 and the West part of Section 187, Block G, W.T. Ry. Co. Survey, Gaines County, Texas to prosecute any proceedings at law or in equity against the persons violating or attempting to violate any such covenants, and either to prevent him or them from so doing so or to recover damages for such violation. Failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 18. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provision, and all other provisions shall remain in full force and effect. 19. The covenants, conditions, and restrictions of this declaration shall run with and bind the land.

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Terms and conditions

Auction Terms & Conditions

General Information

The real estate will be sold as described the day of live auction to the highest bidder subject to acceptance of the seller(s). The property is being sold in “AS IS, WHERE IS CONDITION” without contingencies of any nature. Only properly registered bidders will be eligible to bid at this Real Estate Auction.

Inspections

It is the bidders’ responsibility to inspect the property and to perform their own due diligence. The seller and auctioneer assume that bidders have inspected the property and performed their own due diligence prior to bidding and that each high bidder is acquiring the property based solely on his or her own independent investigations and inspections and not in reliance on any information provided by seller, auctioneer, any of their employees, officers, directors, agents or contractors, subagents or subcontractors. It is also understood that neither the seller nor auctioneer have made any agreement to alter, repair or improve the property and it sells “as is, where is”, with no warranties or representations whatsoever, expressed or implied, including, without limitation, as to condition, fitness for any particular purpose or merchantability, compliance with government laws, ordinances or regulations. Although information provided herein and in amended/supplemental materials has been obtained from sources deemed reliable, information has not been verified by the auctioneer. If a survey is required, it shall be at the buyer’s expense.

The seller and auctioneer, their representatives, agents, or subagents, assume no liability for errors or omissions in this property listing in advertising, promotional or publicity statements and material. The auctioneer, their representatives, agents, or subagents, make no guarantee as to the accuracy of the information herein contained or in any other property listings in advertising, promotional or publicity statements and material. Neither the seller nor the auctioneer has any obligation to update this information. Neither auctioneer, their agents or subagents, assume any liability whatsoever for any oral or written representation, warranties or agreements relating to the real estate (including information appearing in any brochure or announcements at the time of auction) except as expressly set forth in the auction real estate purchase contract. Buyer also agrees that if they have the second highest bid, they will immediately sign the back up bidder agreement, if requested, and comply with terms of said agreement in their entirety.

NOTE: Announcements made at the beginning of the live auction event take precedence over all printed material, advertising, promotional/publicity statements, offering statements (as amended and supplemented) and auction marketing materials.

Bidder Requirements

All auction attendees for this real estate auction will be required to complete the bidder registration form or real estate auction guest form approved by auctioneer, in their entirety.

High Bidder Requirements

Immediately upon close of bidding for the real estate, the high bidder, upon request, shall be required to execute the buyer purchase agreement indicating the high bid amount, buyers premium amount, and total contract price along with bidder identification. After final purchase(s) have been made, buyer shall tender the required deposit made payable to the seller of the real estate. Failure to do so shall the give seller and the auctioneer the right to nullify such bid and reopen the bidding on said property. If the high bidder to whom a property has been declared “sold” fails to perform as agreed to in the terms and conditions of this auction, any deposit shall be forfeited to seller and auctioneer by the high bidder as liquidated damages and seller may resell the property free and clear of any liability or claims by such high bidder.

Buyers Premium

A buyers premium of 10% of the high bid will be added to the accepted high bid to determine the total contract purchase price of the real estate unless announced otherwise the day of live auction.

Broker Participation

If bidder is currently licensed as a Real Estate Broker or Agent, they hereby agree and acknowledge that unless they have completed and can provide evidence of a properly executed and accepted broker participation form regarding this auction, no broker participation fees or commissions of any nature will be applicable.

Closing

The successful bidder must sign applicable purchase contracts immediately upon close of bidding and acceptance of winning bid on the purchased property. The closing shall occur on or before the date indicated and agreed upon in the real estate purchase and sale agreement pursuant to the property described herein. Place of closing shall be determined by seller.

Default

Should buyer(s) not close on or before the disclosed date indicated in the real estate purchase and sale agreement, any down payment deposit in total shall immediately be forfeited by buyer(s) without recourse or liability and said amount shall become payable to Auctioneer as liquidated damages. Said buyer(s) default forfeiture of deposit shall become payable as indicated herein within 24 hours after said default without buyer(s) recourse or liability of any nature to Auctioneer and Seller.

Conveyance

This property will be conveyed by a general warranty deed clear of all liens and encumbrances. All customary title related expenses including title insurance, title search and title recording fees shall be assessed according to established closing company policy.

Possession

Possession of the property shall be granted to buyer(s) at conclusion of closing unless agreed to otherwise in writing by seller and buyer(s)

Lot #55

Arrow Head Residential Lot Number 71

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Lot closed - Winning bid:$33,000 (11 bids)