City of Trinidad owned Pioneer/Sanchez Property ***We use credit card verification to confirm bidder authenticity. Please note any verification amounts are immediately credited back to your account. *** Auction Terms and Conditions Real Estate Auction ANNOUNCEMENTS AND STATEMENTS MADE BY TLC REAL ESTATE SERVICES INC. AT AND/OR DURING THE AUCTION WILL TAKE PRECEDENCE OVER ANY PREVIOUSLY PRINTED MATERIAL OR OTHER ORAL STATEMENTS. PROSPECTIVE BUYERS ARE ADVISED TO CONSULT WITH AN ATTORNEY OF THEIR CHOICE WITH RESPECT TO THE PURCHASE OF ANY REAL PROPERTY INCLUDING, BUT NOT LIMITED TO, SEEKING LEGAL ADVICE FROM THEIR OWN ATTORNEY REGARDING DISCLOSURES AND DISCLAIMERS SET FORTH BELOW. AUCTION DATE & TIME: Auction ends 05/11/2024 AUCTION LOCATION: ONLINE ONLY AUCTION REGISTRATION: This is an online auction only for the tract commonly known as �Pioneer/Sanchez property Hoehne Colorado.� All parties seeking to bid on the property offered at auction must register online with TLC Real Estate Services Inc. prior to the auction conclusion and provide the required information to receive bidder authorization. Bidders are encouraged and may register prior to the auction. Same-day registration will be allowed, and bidders should allow enough time to register prior to the auction. All bidders will be required to complete a statement (�Bidders Registration�) prior to the commencement of bidding that the bidder has inspected the property and sale documents and is financially capable of closing the transaction. All bidders will be required to provide proof of financial ability to purchase prior to a bid being accepted. All bidding is open to the public, and the property is offered for sale to qualified purchasers without regard to sex, race, color, religion, national origin, or handicap. AUCTION FORMAT: This auction is an online auction. Our goal is to realize the highest return to the seller and to satisfy all interested parties by allowing bidders who are interested to have the same opportunity. BIDDING TO OPEN AT $250,000.00: There is a reserve on the property. The property will not sell if the reserve is not met. AUCTION PROCEDURES: Conduct of the auction and increments of bidding are at the direction and discretion of TLC Real Estate Services Inc. Registered Bidders will have the opportunity to bid on the parcel for the duration of the auction. The close of the auction will be scheduled for 05/11/2024 at 5PM MST. Should a bid be made in the last 5 minutes of the parcel's sale, the close will automatically be extended 5 minutes. And thus, extending the closing of the parcel. In the event of a dispute between bidders, Seller and TLC Real Estate Services Inc. shall make the final decision to accept the final bid, to re-offer and re-sell the property, or to remove the property from the auction. If any disputes should arise following the auction, TLC Real Estate Service�s records shall be conclusive. Property(ies) are sold AS IS, WHERE IS, with NO Contingencies allowed. REQUIREMENTS OF THE HIGH BIDDER(S): Immediately following the winning bid of the offered parcel, the highest bidder(s) shall enter into and sign a real estate contract with the Seller for the total contract sale price in the form attached hereto as Exhibit A (the �Contract�). Required earnest money deposit to be in the form of wired funds, a personal, business, or corporate check for 10% of winning auction price within 3 business days which is due upon the signing of the Contract and to be deposited with First Choice Title and Escrow 1115 E Main Street Trinidad Colorado 81082. Such earnest money deposit shall be non-refundable except as otherwise set forth in the Contract or these Terms and Conditions. The Contract shall not be contingent upon inspection, appraisal, financing or any other contingency and shall be a Specific Performance contract. These Terms and Conditions shall be incorporated into and made part of the Contract. CLOSING: Purchaser(s) shall pay in cash, electronic transfer funds, or cashier�s check (Good Funds), the balance of purchase price (purchase price less earnest money deposit), plus their respective closing costs, and sign and complete all customary or required documents at closing, which is on or before May 24th, 2024. Closing is to be conducted by First Choice Title and Escrow Inc, 1115 E Main Street Trinidad Colorado 81082, and the closing agent fees are to be split equally between Sellers and Purchaser(s). All 2024 real estate taxes will be prorated between the sellers and the buyers based on the closing date. The seller will be responsible for any title opinion or title insurance costs, applicable recording fees and customary closing fees. POSSESSION: Real Estate will be transferred to the Purchaser upon closing and delivery of the deed. PROPERTY CONDITION: The prospective Purchaser(s) should verify all information contained herein. All prospective bidders are urged to fully inspect the property, its condition, and to rely on their own conclusions and the property is being sold AS IS, WHERE IS. Except as expressly set forth in the Contract, Seller will not make, and Purchaser hereby acknowledges that neither Seller nor its representatives have made, any agreement, covenant, representation, or warranty, whether express or implied, with respect to the property, including, without limitation, any implied warranty of habitability, merchantability, or fitness for a particular purpose. Purchaser further hereby acknowledges that Purchaser has made or will make its decision to purchase the property solely in reliance upon Purchaser �s own inspection and review of the property. PURSUANT TO THE CONTRACT, PURCHASER, FOR ITSELF, ITS SUCCESSORS AND ASSIGNS, WILL AGREE TO WAIVE, RELEASE, ACQUIT AND FOREVER DISCHARGES SELLER, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, ATTORNEYS, REPRESENTATIVES AND ANY OTHER PERSONS ACTING ON BEHALF OF SELLER AND THE SUCCESSORS AND ASSIGNS OF ANY OF THE PRECEDING, OF AND FROM ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, DEMANDS, RIGHTS, DAMAGES, COSTS, EXPENSES OR COMPENSATION WHATSOEVER, DIRECT OR INDIRECT, KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, WHICH PURCHASER OR ITS SUCCESSORS OR ASSIGNS HAS OR WHICH MAY ARISE IN THE FUTURE ON ACCOUNT OF OR IN ANY WAY RELATED TO OR IN CONNECTION WITH ANY PAST, PRESENT OR FUTURE PHYSICAL CHARACTERISTIC OR CONDITION OF THE PROPERTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THE CONTRACT, THIS RELEASE WILL SURVIVE THE CLOSING OR THE TERMINATION OF THE CONTRACT. TITLE: Seller to pass title by Special Warranty Deed, in a form reasonably agreeable to Purchaser and Seller as provided by the title insurance company. Seller will be providing preliminary Title Commitment for the purchaser�s review prior to auction. Purchaser may, at Purchaser�s sole cost and expense, procure a title commitment with the Purchaser�s name, lender, purchase price, and all supplements and additions thereto after auction. Purchaser and Seller shall each cooperate to cause to be delivered to the Purchaser at closing a commercially reasonable owner�s title insurance policy (the �Title Insurance�) issued by the Title Company in an amount equal to the Purchase Price. Title Insurance to be used as evidence of marketable title and cost of the Title Insurance Premium shall be paid by Seller at closing. The Title Insurance may contain any endorsements requested by Purchaser, at Purchaser�s sole cost and expense. Property to be sold subject to existing roads and highways; established easements and rights-of-ways; other matters affected by title documents shown within the title commitment; and zoning, building, subdivision, and other restrictions and regulations of record. REAL ESTATE TAXES: Taxes shall be prorated to the Day of Closing, with Sellers paying all taxes prior to closing. LEGAL DESCRIPTION: Legal Descriptions are subject to existing fence/field boundaries or land- use trades, if any, and all rights-of-way, easements, and other conditions of record. MINERALS: All seller-owned mineral rights will transfer with land to the buyer. Seller does not guarantee the amount of Mineral rights owned. WATER RIGHTS: Reservations for Property The following information shall be provided to all prospective buyers of the Property. This language shall be added as �Additional Provisions� to any purchase and sale agreement entered into by Seller. 1. Water Rights. In the special warranty deed for the Property, Seller shall include the following language, which will reserve all water rights to Seller. Grantor reserves all water and water rights, whether tributary, non-tributary, or not non-tributary, whether adjudicated or un-adjudicated, all ditches and ditch rights, springs, spring rights, laterals, lateral rights, storage rights, reservoirs and reservoir rights, all mutual ditch or reservoir company stock, which are, have been, or may be used on or in connection with, or are appurtenant to, located on or underlying, or in any way associated with the real property as shown in Exhibit A attached hereto and incorporated herein by this reference (the �Property�) including, but not limited to, the following specific rights, along with any related rights to storage capacity in or water stored in Trinidad Reservoir: A. 0.7125 cfs of Priority No. 13 for Water District 19, originally adjudicated to the Lewelling- McCormick Ditch by the District Court, Las Animas County, Colorado on August 10, 1903 for 5.0 cfs of water from the Purgatoire River (a/k/a Las Animas River), with an appropriation date of January 1, 1864 for irrigation use, whose point of diversion was changed to the John Flood Ditch and subsequently changed to the Model Canal; and B. 1.14 cfs of Priority No. 20 for Water District 19, originally adjudicated to the Hoehne Ditch by the District Court, Las Animas County, on August 10, 1903, for 24.0 cfs of water from the Purgatoire River, with an appropriation date of October 7, 1865 for irrigation use, whose point of diversion was changed to the John�s Flood Ditch and subsequently changed to the Model Canal; C. 17 shares of the New Johns Flood Ditch Company; All as changed pursuant to Case Nos. 88CW61 and 17CW3073 (�Decrees�) (collectively, the �Water Rights�). Including, without limitation, any and all associated structures and equipment used for or associated with any diversions, conveyance, measurement, storage, or use of said Water Rights, and all easements, rights-of-way, licenses, permits, contract rights and governmental approvals therefore or pertaining thereto the Property, if any; Together with any and all easements, licenses or rights-of-way held by the Grantor that run with the land and benefit or supplement the Grantor�s use of the Water Rights, including without limitation, the right to use any of the Grantor�s head gates on any ditch and reservoir companies� ditches required to divert the Water Rights and any laterals connected thereto or used therewith and the right to transport water across any third party�s property. 2. Dry Up Covenant. In the special warranty deed for the Property, Seller shall include the following language, which will reserve a dry up covenant. The dry up covenant will be in substantially the same form as the following. A. Grantor reserves a non-exclusive perpetual easement for the purpose of access to and over the Property as may be reasonably necessary to conduct monitoring or testing activity for the sole purpose of demonstrating the land is no longer irrigated by the Water Rights and is dried-up. Only where Grantor has failed to dry-up any portion of the Property does this easement include access to and over the Property as may be reasonably necessary to take actions to effectuate and enforce this Covenant. Grantor agrees that any entry onto the Property shall be made after giving 48 hours written notice to Grantee. Grantor agrees that its agents and employees will take commercially reasonable steps to avoid interfering with the Grantee�s use of the property. Grantor agents and employees shall close all gates opened to access and exit the Property. B. This Covenant may be enforced by Grantor, its heirs, successors, and assigns, or by the Office of the Colorado State Engineer in accordance with the terms of the Decrees, at any time in any action at law or in equity. C. This Covenant shall bind Grantee, its heirs, successors and assigns and shall run with and burden the Property and shall run with and benefit the Water Rights. D. Grantor shall, at its sole expense, remove by herbicide spray or other suitable method all deep-rooted irrigated plants, including but not limited to alfalfa, from such Property as necessary to satisfy the requirements placed on the Grantor to �dry-up� the Property pursuant to the Decrees. E. Grantor, at its sole expense, shall be responsible for any other actions required on the Property to comply with the terms of the Decree to effectuate the dry-up of the Property, including but not limited to: any measurement; monitoring; testing; reporting; monumenting and surveying of the Property; and altering and removing ditches. Grantor and Grantee shall coordinate and cooperate with respect to such activities. NOXIOUS WEEDS: Seller acknowledges there may be a presence of noxious weeds. ACREAGES: All stated acreages are approximate and are obtained from either the county tax records, current legal descriptions, and/or aerial photos, and most current survey. No warranty is expressed or implied as to exact acreages of the property. All bids are for the total parcel without regard to exact acreage. There will be no adjustment in the purchase price if the acreage is different than what is stated in this brochure and/or stated at the auction. The detail brochure includes the estimated taxed acres. All price per acre calculations in the initial brochure, detailed brochure, and visual presentation at the auction are based on most recent survey. ANNOUNCEMENTS: The information contained herein has either been given to us by the owners of the properties or obtained from sources deemed reliable. We have no reason to doubt its accuracy, but we do not guarantee it. TLC Real Estate Services Inc. and the Sellers assume no responsibility for the omissions, corrections, or withdrawals. The prospective Purchaser(s) should verify all information contained herein. All prospective bidders are urged to fully inspect the property, its condition and to rely on their own conclusions. All property is to be sold AS IS, WHERE IS, without warranty, representation, or recourse to Sellers. The Contract shall not be contingent upon inspection, appraisal, or financing and shall be a Specific Performance contract. TLC Real Estate Services Inc and all other agents of Broker are or will be acting as a Transaction Broker unless noted otherwise. Announcements made by Hayden Outdoors at the time of sale will take precedence over any previously printed material or other oral statements. TLC Real Estate Services Inc reserves the right to require bank references upon request. and reserves the right to refuse bids from any bidder. Bidding increments at the discretion of TLC Real Estate Services Inc and Seller. ADDITIONAL DISCLAIMERS: Neither Seller nor TLC Real Estate Services Inc makes any representations or warranties as to the accuracy or completeness of any information contained online at the auction website or made available by the Seller or Hayden Outdoors. Online bidding is provided on an �as is, as available� basis. No warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for any particular purpose, are made with respect to the online bidding platform or any information or software therein. Neither Seller nor TLC Real Estate Services Inc will be liable for any damages or injury, including, but not limited to, those caused by any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Neither Seller nor TLC Real Estate Services Inc will be liable for any damages or injury, including, but not limited to, special or consequential damages that result from the use of, or the inability to use, the website, the materials on the website, or the online bidding platform even if there is negligence of Seller or TLC Real Estate Services Inc. The above limitation or exclusion may not apply to the extent that applicable law may not allow the limitation or exclusion of liability for incidentals and consequential damages.

Acres: 309.71 Description: Stunning Property Offering the Best of Colorado with 309.71 Acres of Dry Farm Land Nestled in the picturesque landscape of Hoehne, Colorado, just 15 minutes from Trinidad, this exceptional property offers the quintessential Colorado lifestyle. , this is a rare opportunity to own a piece of paradise in Southern Colorado. 309.71 Acres of Dry Farm Land: This expansive parcel of land offers endless possibilities for a Building site, ranching, or recreational activities. Purgatory River Access: The property boasts the presence of the Purgatory River, providing excellent habitat for elk, deer, turkey, and other wildlife, making it a haven for outdoor enthusiasts and nature lovers. Paved Access: Enjoy convenient paved access on two sides of the property, ensuring easy accessibility year-round. Spectacular Views: Revel in the stunning views of Fishers Peak and the surrounding mountains, creating a picturesque backdrop for your daily adventures.