United Country | Double Creek Land and Homes, on behalf of the Earl Downs Family Limited, A Texas
Limited Partnership (Seller), is pleased to offer a lump sum, sealed bid sale for a called 612.32 acre tract
of land near Avinger, Cass County, Texas.
Property Description
The property is located approximately 4 miles northeast of Avinger, Texas, adjacent to Cass County
Roads 1582 and 1581. This parcel of land is described as being 612.32 acres, more or less, and being a
part of the R. Sunigas (A-942), Wm. Mills (A-739), and the Wm. Hutchinson (A-540) Surveys, and more
fully described in a Special Warranty Deed from Earl L. Downs and Waulinda Downs, husband and wife,
to Earl Downs Family Limited, a Texas Limited Partnership, filed for record on January 13, 1998, in
Volume 1046 Page 597 et. seq. in the Real Property Records of Cass County, Texas.
Additional Information
Attached are maps and i...
Attached are maps and information to assist you with property locations and access (please note the gate
locks are marked Landpoint Forestry and combinations are set to 9-6-8-7). Inspections should be made
during normal daylight working hours. Items such as deer feeders, deer blinds/stands, trail cameras, or
any other manmade items other than attached gates and fences do not convey. Also note there is an
outstanding Timber Purchase Contract to Norbord Jefferson to first thin approximately 125 acres of the
younger, unthinned, planted pine stand generally on the north portion of the property. The thinning will
consist of 5 th row removals, and the tree spacing of the residual stand remaining will be an average basal
area of no less than 80 sq. ft./acre. This contract thinning will expire on July 31, 2022, but will be
assigned to the new owner at closing. If thinning operations begin prior to closing, the proceeds will be
held by Norbord in escrow for the benefit of the new owner until closing. A copy of the Timber Purchase
Contract will be made available to prospective bidders by request.
Disclaimers
Bidders are advised to make their own evaluation of the property, including area, timber volume,
merchantability, land use, and value according to their markets and specifications. Neither the Seller nor
United Country | Double Creek Land and Homes makes any warranty, expressed or implied, as to the
information presented, property condition, quantity, or value. All persons agree that by entering the
described property, they assume all risks and liabilities and agree to indemnify and hold harmless the
Seller and United Country | Double Creek Land and Homes, their managers, agents, and employees, from
and against any and all claims, demands, causes of action, losses, damages and injuries of whatever kind
or nature. No environmental inspection or representation has been made or will be made by Seller or
United Country | Double Creek Land and Homes. Also, note that no Buyer Agent broker commission
will be offered by United Country | Double Creek Land and Homes.
Downs Notice of Sealed Bid Sale, Pg. 2
Bid Instructions and Deadline
LUMP SUM, SEALED BIDS will be opened and read aloud at 10:00 A.M., ON WEDNESDAY,
OCTOBER 27, 2021, at the office of United Country | Double Creek Land and Homes, 605 South Louise
Street, Atlanta, Texas 75551. The tract will be sold in its entirety for a specific dollar amount. Bids
should be submitted on the enclosed Sealed Bid Form. Bids may be submitted by mail, e-mail, or
personally delivered. All bidders are invited to attend. Any bid received after the deadline shall be
deemed null and void. Bidders should verify the receipt of their bid. Please clearly mark any submission
as DOWNS LAND SALE. All bids will remain valid through 5:00 P.M. on November 5, 2021. The
Seller reserves the right to accept or reject any bid or all bids.
Closing Procedure
The closing date shall be as soon as possible but will allow time to receive a title commitment from
Cornerstone Abstract and Title Company. Upon notification of acceptance of the bid, the successful
Buyer will enter into a Texas Real Estate Commission (TREC) Farm and Ranch Contract with the Seller.
The Buyer will be required to deposit 3% of the purchase price as earnest money into the escrow account
of Cornerstone Abstract and Title Company at 114 W Hiram Street, Atlanta, Texas 75551, which will be
applied to the purchase price at closing. The purchase price will be due at closing in readily available
funds of the United States of America (cashiers check or wire transfer). Closing shall take place at
Cornerstone Title Company office unless otherwise mutually agreed upon by Seller and Buyer. Seller
will provide the successful Buyer with a Warranty Deed and a title insurance policy. The cost of a survey
will be shared equally by Seller and Buyer only if the survey is required and deemed necessary by the
Title Company. Any change in acreage, as determined by a survey, will not alter the lump sum bid price.
Buyer will be responsible for the cost of any lender/buyer required fees including, but not limited to a
Lenders Title Policy, appraisals, inspection fees, points, etc. Both Buyer and Seller will each
respectively be responsible for their portion of the usual and ordinary settlement/closing fees. Current
year property taxes will be prorated to the closing date. Buyer agrees to accept title subject to all previous
mineral conveyances, any visible or apparent rights-of-way, easements, leaseholds, outstanding timber
contracts, current year hunting leases, any protective covenants or restrictions, or any portion of the
property situated in a public or private road affecting property. The Seller will reserve all of the Mineral
Estate and the Deed will contain the following clause: SUBJECT TO all prior valid reservations and
conveyances of oil, gas, and other minerals of record in the Office of the County Clerk of Cass County,
Texas, together with the usual rights of ingress and egress in connection therewith; and there is hereby
EXCEPTED AND RESERVED unto Grantors herein, as their respective interests now appear, and unto
their heirs and assigns forever, all of the remaining oil, gas, Sulphur, and other related liquid and gaseous
hydrocarbon-type minerals in and under or that may be produced from the herein described land, together
with the usual rights of ingress and egress in connection therewith.
Additional interactive information and photos of this sale may be viewed under Downs Sealed Bid Sale at
UC | DOUBLE CREEK LAND AND HOMES DOES NOT WARRANT THE VALUE OR CONDITION OF PROPERTY
It is the policy of United Country | Double Creek Land and Homes to inform YOU, the Buyer, that you should carefully examine the property or obtain independent qualified professional services to review title, establish property lines, and inspect the property to make sure the condition is acceptable to you.
UC|Double Creek Land and Homes does not guarantee the accuracy of information provided to the broker or agents by the seller or other sources and should be independently verified.
UC|Double Creek Land and Homes does not guarantee the value or condition of any property listed or shown by its broker or agents.
UC|Double Creek Land and Homes makes No guarantees or warrants that the information viewed on-line is accurate, including property information and/or written descriptions.
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