LOT NUMBER 78 SUNSET ESTATES

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Lot Info

Description:

Lot Number 78 307 Sunset Estates, 2.47 Ac +/-, Electricity

307 Sunset Estates

Restrictions for Subdivision

That Guenther Land & Cattle, LLC, as owner of the following described property, does hereby adopt and impress the following restrictive covenants upon the following described lots, to-wit:

Lots 1-7, 9-47, 49-84, and 88-95 of 307 Sunset Estates, a subdivision in the East one-half (E/2) of Section 254, Block G, W.T.Ry.Co. Survey, Gaines County, Texas, SAVE AND EXCEPT all oil, gas, and other minerals.

1. The primary purpose of the lots shall be residential; however, so long as a lot is used as a homestead by the owner thereof, then a small personal business owned and operated by a resident of said residential structure may be conducted on said lot, provided that said business is not a nuisance or annoyance to the neighborhood and the traffic resulting from said business is not excessive. No noxious or offensive trade or activity, including but not limited to cattle feed lots, slaughterhouses, holding pens, drive-in theaters, night club/bar, wrecking yards, salvage yards, hog raising or similar type of businesses, shall be carried on the above-described property, nor shall anything be done thereon which may be or become a nuisance or annoyance to the neighborhood.

2. No lot shall be used for ingress and egress purposes to or from a tract of land located outside of Lots 1-7, 9-47, 49-84, and 88-95 of 307 Sunset Estates.

3. No further subdivision shall be made of a lot. Only one primary residential structure and one secondary living quarter may be located on a lot; however, said secondary living quarter may not be rented, sold, or subdivided from the primary residential structure.

4. All lots using any roads within Lots 1-7, 9-47, 49-84, and 88-95 of 307 Sunset Estates for ingress and egress purposes shall be responsible for maintaining said roads and shall equally pay expenses required for said maintenances

5. A residential structure shall face the street on which it is built. No portion of any residential structure may be situated closer than 50 feet from the property line that establishes the street right of way of the street it faces or 15 feet from the side and back 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 behind the residential structure. However, 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. A residential structure must consist of new slab-built construction with (a) a ground floor area of not less than 2,500 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 a lot, no permanent dwelling or building constructed elsewhere shall be moved onto a lot. Except for storage buildings, all structures, including but not limited to residential structures, shops, and fences, that are built or placed on the property shall be constructed of new materials, and the construction of the exterior must be completed within one year of commencement. No structure of a permanent nature shall be built or placed in any dedicated easement.

7. Barns are permitted to be used as primary residential structures provided they have a modem or country look that is aesthetically pleasing, in which at least two of the following are incorporated: (1) materials on the front of the barn shall consist of at least partial stone, brick, wood, or material other than metal, (2) a modern roof line, and/or (3) at wraparound porch around at least one-half of the barn. Barns may also contain secondary living quarters under the provisions contained hereinabove. A barn, RV, and/or travel trailer may be used on a lot as temporary living quarters only while the primary residential structure is being bult and for a maximum of 18 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.

8. Any barn must be located behind the primary residential structure. No carport, storage building, or other outbuilding shall be built in front of the primary residential structure.

9. No unlicensed or junk vehicles will be permitted on a lot longer than thirty (30) days. No garbage, refuse, junk, trash, or obnoxious or offensive material shall be permitted to accumulate on a lot, and the owner or owners of a lot shall cause the same to be disposed of by and in accordance with accepted sanitary practices. All garbage shall be disposed of in accordance with the regulations of the State of Texas and any of its political subdivisions Such garbage shall be removed by the property owner or sanitation contractor to a sanitary landfill provided by Gaines County or by arrangement with a garbage removal service Uncovered incinerator, trash dumps, and un-lidded trash cans will not be permitted.

10. No principal structures shall be constructed until and unless the owner of said lot has secured disposal of sewage through a septic tank and an evapotranspiration system or other system acceptable to the State of Texas and the County Commission. No privy or cesspools permitted on a lot,

11. Dogs, cats or other household pets may be kept on the property provided they are not kept, bred or maintained for any commercial purpose. Up to TWO (2) horses are allowed on a lot. Up to TWENTY (20) chickens are allowed per lot. No other animals, including but not limited to steers, sheep, pigs, and goats, shall be allowed on a lot. 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.

12. Restrictions set forth in this instrument may be amended by duly recording an instrument executed and acknowledged by the then owners of parcels comprising not less than 80 percent of Lots 1-7, 9-47, 49-84, and 88-95 of 307 Sunset Estates.

13. 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 a lot located in Lots 1-7, 9-47, 49-84, and 88-95, of 307 Sunset Estates, a subdivision in the East one-half (E/2) of Section 254, 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.

14. Invalidation of any one of these covenants by judgment or Court order shall in no way affect any other provision, which shall remain in full force

15. The covenants, conditions, and restrictions of this declaration shall run with and bind the land

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Removal Info

Please contact Ironbound Auctions to schedule removal of your paid in full items.

Phone: 432-209-5112 or email sold@ironboundauctions.com
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 #78

LOT NUMBER 78 SUNSET ESTATES

Auction info

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Lot closed - Winning bid:$46,000 (15 bids)