Tract 5 - 72 +/- Acres

This auction is for a total of approximately 1,008 acres and will be offered in six (6) dryland tracts. These tracts are located southwest of Spearman, Texas. 

Tract 1 is a nice flat 320 +/- acre dryland farm with good fencing on three sides and fair fencing across the north. Three Phase electric runs along the east side of property. This farm has some irrigation potential.  Access is provided by County Road CC on the south, County Road 15 on the west, and County Road 16 on the east side. There are two small playa lakes on the north property line. Estimated Property Taxes:  $1,362.94
Legal Description:  The South-Half (S/2) of Section 188, Blk 45, H&TC RR Co. Survey, Hansford County, Texas, containing 320 acres more or less. 

Tract 2 has 161.32 +/- flat dryland acres. Access is provided by County Road CC on the north side. There is a small farmable playa lake in the southern portion of this tract. Estimated Property Taxes: $688.85
Legal Description: The West-Half of the West-Half (W/2 of W/2) of Section 193, Blk 45, H&TC RR Co. Survey, Hansford County, Texas, containing 161.32 acres, more or less.

Tract 3 has 324.01 +/- acres of dryland farmland. The fencing on three sides is in excellent condition. This tract should have irrigation potential.  Access is provided by County Road 14 in the northwest corner of the tract. There is a playa lake in the southeast corner. A transmission line runs along the west side of this tract. Estimated Property Taxes: $1,371,68
Legal Description: West-Half (W/2) of Section 195, Blk 45, H&TC RR Co. Survey, Hansford County, Texas, containing 324.01 acres, more or less.

Tract 4 consists of 76 +/- acres with access by the State Hwy 207on the west side and a private service road on the north. The old home site is located on the northeast corner of the tract. The submersible well located close to the old home site is in working order and has been used in the recent years to water livestock. The power for the old homesite is still there and available. The farmland is currently planted to dryland cotton. The playa lake that is located on the tract is approximately 35 acres, with the balance of the tract in farmland. 

Tract 5 is a 72 +/- acre tract east of and sharing a property line with Tract 4. There is single-phase electricity to the northwest corner of the tract. The playa lake that is in the southwest corner of the tract is approximately 12 acres. The balance of the tract is in farmland. If combined with Tract 6, a 100 +/- acre pivot sprinkler could potentially be installed.

Tract 6 is a 55 +/-  acre tract. This tract is east of and shares a property line with Tract 5. The power does not come to the corner of the tract. There is an old irrigation well. However, it has not been used in some time and is in unknown condition. This tract is all in cultivation at this time. If this tract is combined with Tract 5, a 100 +/- acre pivot sprinkler could potentially be installed.  

**If Tracts #5 and #6 are purchased separately from Tract #4, ingress and egress access will be provided by a 30-foot easement along the north side of the tracts.

Tract 4, 5, and 6 Legal Description: North 1/3 of Section 154, Block 4-T, T&NO RR Co. Survey, lands lying east of HWY 207 containing 203 acres more or less. 

PROCEDURE: These 1,008 +/- Acres will be offered in six (6) tracts.  There will be open bidding on these tracts until the close of this auction.  Tracts #1, #2, and #3 may be combined in a combo purchase, but cannot be combined with Tracts #4, #5, or #6.  Tracts #4, #5, and #6 may be combined in a combo purchase, but cannot be combined with Tracts #1, #2, or #3. These properties will be sold in the manner resulting in the highest total sale price. 

BUYER PREMIUM: A 5% Buyer Premium is in effect for all purchases. The Buyer Premium will be added to the “Auction Board Price” to determine the “Total Sales Price” or “Total Contract Price”. 

ACCEPTANCE OF BID PRICES:  All successful bidders will sign a purchase agreement at the auction site immediately following the close of the auction.  All final bid prices on Tracts #1, #2, and #3 are subject to the Seller’s approval. Tracts #4, #5, and #6 will be sold with no reserve.

EARNEST MONEY: Ten percent (10%) earnest money on the day of the auction, upon signing a purchase agreement immediately following the close of bidding. The earnest money may be paid in the form of personal check, business check, or cashier’s check. The remainder of the purchase price is payable in cash at closing. YOUR BIDDING IS NOT CONDITIONAL UPON FINANCING, so be sure you have arranged financing, if needed, and are capable of paying cash at closing.

REAL ESTATE TAXES AND ASSESSMENTS: The Property Taxes will be prorated to the date of closing. Sellers shall have paid all Property Taxes for prior years before closing.  The Buyer(s) will be responsible for any “rollback” in the property taxes. The Buyer(s) will be responsible for all additional taxes imposed after the date of execution of the Special Warranty Deed by seller as a result of any change in use of any part of the subject property, the intent being that all such additional taxes shall be the responsibility of the Buyer(s) and the Buyer’s heirs, personal representatives and assigns.

BROKER PARTICIPATION:   Contact the Auction office at 800-299-5263 to obtain the broker participation guidelines.  

CLOSING: Will take place on or before July 27, 2022, or as soon as applicable closing documents and surveys (if needed) are completed. 

POSSESSION:  Possession on all tracts will be given upon harvest of the 2022 Spring crops or upon the crop failure under the crop insurance programs, whichever time occurs the latest following the sale.

TITLE: Sellers shall provide an Owner’s Policy of Title Insurance on the surface tracts in the amount of the purchase price. Buyer(s) will be responsible for all expenses related to acquiring a mortgagee’s title policy, if required.  Sellers shall execute a Special Warranty Deed conveying the real estate to the Buyer(s).

PROPERTY CONDITION:  Property to be sold AS IS—WHERE IS and no warranty or representation, either express or implied, will be given to any bidder or Buyer.  Buyer(s) shall release Sellers of any and all liability.

EASEMENTS AND LEASES: Sale of the property is subject to any and all easements of record and any and all leases. The Farm Lease on Tracts #4, #5, and #6 shall terminate upon the harvest of the 2022 summer crops or upon the crop failure under the crop insurance programs, whichever time occurs the latest following the sale. Buyer(s) of Tracts #4, #5, and #6 will receive the 2022 Farm Lease Payment. If Tracts #5 and #6 sell separately from Tract #4 and access is needed for Tracts #5 and #6, the Seller shall provide ingress and egress access along the North boundary of the property with a 30-foot Easement. 

SURVEY:   Tracts #4, #5, and #6:  The Seller shall provide a new survey where there is no existing legal description or where new boundaries are created by the tract divisions in the auction. Any need for a new survey will be determined solely by the Seller. The Seller will provide a survey at its own cost, if needed. The type of survey performed shall be at the Seller’s option and sufficient for providing title insurance. All advertised acreages are approximate and have been estimated based on current legal descriptions and/or aerial photos. See purchase agreement for details of any price adjustments.  Tracts #1, #2, and #3:  Existing surveys for Tracts #1 and #2 shall be provided by the Seller.  If any survey is required for Tracts #1, #2, and #3, other than what has been provided, the Buyer shall pay for such survey(s). There will be no price adjustment on these Tracts.

RESERVATIONS:  Tracts #1, #2, and #3:  Seller shall reserve all minerals owned and shall convey all Wind Energy Royalty Rights on these tracts.
Tracts #4, #5, and #6:  Seller shall reserve 25% of the Wind Energy Royalty Rights with all excretory rights transferred to the Buyer(s). Buyer(s) shall receive any and all damages as proved in any wind lease executed.  Seller shall reserve 50% of all mineral interest owned by the Seller.

AGENCY:  Clift Land Auctions, LP and Clift Land Brokers and its representatives are exclusive agents of the Sellers.

DISCLAIMER AND ABSENCE OF WARRANTIES: All information contained in this brochure and all related materials are subject to the terms and conditions outlined in the agreement to purchase. ANNOUNCEMENTS MADE BY THE AUCTIONEER AT THE AUCTION PODIUM DURING THE TIME OF THE SALE WILL TAKE PRECEDENCE OVER ANY PREVIOUSLY PRINTED MATERIAL OR ANY OTHER ORAL STATEMENTS MADE. The property is being sold on an “AS IS, WHERE IS” basis, and no warranty or representation, either express or implied, concerning the property is made by the Sellers or the Auction Company. Each potential bidder is responsible for conducting his or her own independent inspections, investigations, inquiries, and due diligence concerning the property. The information contained in this brochure is believed to be accurate but is subject to verification by all parties relying on it. No liability for its accuracy, errors or omissions is assumed by the seller, the broker, the auction company or any of their respective representatives. All sketches and dimensions in this brochure are approximate. All acreages are approximate and have been estimated based on legal descriptions or aerial photographs. Conduct at the auction and increments of bidding are at the direction and discretion of the Auctioneer. The Sellers, Broker and Auction Company reserve the right to preclude any person from bidding if there is any question as to the person’s credentials, fitness, etc. All decisions of the auctioneer are final. Online bidding will be available on our website for this Auction. If you need assistance in registering to bid on our website, please call our office at 800.299.5263. In accepting the terms and conditions for the use of our website, you agree to not hold Clift Land Auctions, LP, Clift Land Brokers, our affiliates, or our representatives responsible or liable for the functionality of the bidding platform. Problems in placing bids on the online bidding platform could be caused by internet connections, human error, wireless connections, etc. If you have trouble placing your online bid, immediately call Brady Cowan at (940) 733-9608 for assistance in placing your bid. 

NEW DATA, CORRECTIONS AND CHANGES: Please arrive prior to scheduled auction time to inspect any changes, corrections or additions to the property information.

NOTE: Videotaping, flash photography and/or public announcements will be allowed on auction day ONLY with prior approval from Clift Land Auctions, LP.