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Property Information Package For 30 Twin Peaks Drive

Estancia, Torrance County, NM Multi-Parcel Auction Schedule: Saturday, September 24th Registration Begins: 12 PM MST Auction Time: 1 PM MST Sunday, September 18th Open House: 12:30-4:30 PM MST To Schedule a Showing: Alicia Morrison—(505) 328-5883 Auction Location: Ranch Headquarters 30 Twin Peaks Drive Estancia, NM 87016 Auction Contact: United Country—Alliance Auction & Realty 877-271-7891 Brent Graves—Auctioneer 806-553-1960

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Table of Contents Page Page Page Page Page Page Page Page Page Page Page Page Page Page

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Cover Page Auction Details Table of Contents Letter to Bidders Auction Terms & Conditions Property Overview Property Photos Legal Description Map Property Disclosure Statement—Residential Property Disclosure Statement—Vacant Land Sample Earnest Money Contract Broker Duties Contact Information

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All Prospective Bidders: Each of us at United Country—Alliance Auction & Realty and United Country—Double Star Realty are honored that The Swenka Qualified Personal Residence Trust has decided to utilize the auction method of marketing and the services offered by our company to sell their real estate. Furthermore, we thank you for your interest and welcome your participation in the auction process. The property will be offered in individual tracts and in combination. This unique method of selling real estate allows all interested parties to compete equally in an open, fair, and public forum. The real estate will sell to the highest bidder(s) in the manner resulting in the highest total sales price. We are providing this Property Information Package in an effort to assist you in your purchasing decision. You are encouraged to have any buyer representatives or lenders that may need important information to contact our office at 1-877-271-7891. This Property Information Package (PIP) has been carefully prepared to assist you in your preauction due diligence. Please carefully review the property information, disclaimers, and sample earnest money contract as well as the terms and conditions of the auction. Please refer to our website at for the most current information about this and future auctions. Should you have any questions or need additional information, please feel free to contact our office at 806-553-1960 or toll free 877-271-7891 or by email at Good Luck at the Auction!! Biddingly yours, Brent R. Graves Owner/Auctioneer 2744 Duniven Circle Amarillo, TX 79109 877-271-7891

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Auction Terms & Conditions PROCEDURE: Each property will be offered in individual tracts or any combination of tracts 1 thru 8. There will be open bidding on tracts and combinations until the close of the auction. The property will be sold in the manner resulting in highest total sale price subject to the Seller’s acceptance. BUYER’S PREMIUM: A 10% Buyer’s Premium is in effect for all purchases. The Buyer’s Premium will be added to the ―High Bid Price‖ to determine the ―Sales Price‖ or ―Contract Price‖. DOWN PAYMENT: Ten percent (10%) down payment on the day of the auction, upon signing a purchase agreement immediately following the close of bidding. The down payment may be paid in the form of cash, personal check, business check, cashier’s check, or wire transfer. The remainder of the purchase price is payable in cash at closing. YOUR BIDDING IS NOT CONTINGENT UPON FINANCING, so be sure you have arranged financing, if needed, and are capable of paying cash at closing. ACCEPTANCE OF BID PRICES: Auctioneer or owner reserves the right to accept or reject the highest bid if either feels the buyer is not financially qualified, technical difficulties arise, or for any other reason. REAL ESTATE TAXES AND ASSESMENTS: The 2011 Property Taxes will be prorated to the date of closing. The buyer 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 and the buyer’s heirs, personal representatives and assigns. BROKER PARTICIPATION: A 3% commission of the submitted written bid, 1% commission of any amount above the written maximum pre-bid will be paid to the properly licensed Broker whose prospect purchases and closes on the real estate per United Country – Alliance Auction & Realty’s cooperating Broker Guidelines. NO Cooperating Broker fees will be paid without a written opening bid. Under no circumstance can a Broker be a principal or an owner or officer of any entity AND a Cooperating Broker in the same transaction. To obtain these guidelines, please contact the auction office prior to September 22nd. CLOSING: Will take place on or before Monday, October 24th, 2011 or as soon thereafter as applicable closing documents and surveys (if needed) are completed. POSSESSION: Full possession will be given at closing. Early possession will not be granted prior to closing.

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Auction Terms & Conditions (cont.) TITLE: Seller shall execute a Special Warranty Deed conveying the real estate to the buyer(s). Seller will provide buyer(s) with an Owner’s Policy of Title Insurance. Buyer(s) will be responsible for all expenses related to acquiring a mortgagee’s title policy, if desired or required. EASEMENTS AND LEASES: Sale of the property is subject to any and all easements of record and any and all leases. SURVEY: Seller will provide a current survey of the property. All advertised acreages, square footages and other measurements are approximate and have been estimated based on current legal descriptions, aerial photos or other reliable sources and should not be considered accurate or used as boundary lines or legal descriptions. AGENCY: Alliance Auction Group, LLC dba United Country – Alliance Auction & Realty and United Country Double Star Realty and their representatives are exclusive agents of the seller. 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 VIA EMAIL COMMUNICATION OR ON THE OFFICIAL PROPERTY WEBSITE 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 expressed or implied, concerning the property is made by the seller 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 provided 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 or the auction company or any of its respective representatives. All sketches and dimensions are approximate. All acreages, square footages and other measurements are approximate and have been estimated based on legal descriptions, aerial photographs or other sources deemed reliable. Conduct at the auction and increments of bidding are at the direction and discretion of the auctioneer. The Seller 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. SPECIFIC PERFORMANCE: All bidders agree and understand that bids submitted are binding offers and further agree to complete the transaction. Auctioneer and/or Seller reserve the right to pursue any defaulting bidder through legal action. NEW DATA, CORRECTIONS AND CHANGES: Please provide a current e-mail address and phone number and check the official property website regularly to receive any announcements regarding any changes, corrections or additions to the property information. BROKER: Alicia Morrison—United Country Double Star Realty SELLER: The Swenka Qualified Personal Residence Trust

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Property Overview Spectacular mountain home and guest house with fabulous views of the Cibola National Forest and Estancia Basin on 83.62+/- acres at 6,900’ elevation located just 45 minutes to Albuquerque, New Mexico. Acres: 83.62+/- offered in 8 tracts ranging from 10+/- to 11.21+/Tract 1: Lot 3—10.72+/- acres or 466,963+/- sf Tract 2: Lot 4—11.21+/- acres or 488,308+/- sf Tract 3: Lot 5—10.15+/- acres or 442,134+/- sf Tract 4: Lot 6—10+/- acres or 435,600+/- sf Tract 5: Lot 7—10.38+/- acres or 452,153+/- sf Tract 6: Lot 8—10+/- acres or 435,600+/- sf Tract 7: Lot 10—10.3+/- acres or 448,668+/- sf includes the 1,200 +/- sf guest house Tract 8: Lot 9—10.86+/- acres or 473,062+/- sf includes the 3,900 +/- sf main house with a 768+/- sf casita, 24’ x 40’ garage/shop, 26’ x 40’ shop, and an additional RV shelter/garage

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Property Overview Continued

Main House: Bedrooms: 3 Bathrooms: 2 full plus 2 half Garage: Attached oversized 3 car Year Built: 1997 Square Footage: 3,900+/Fireplace: 1 wood stove Roof: Flat, rubber membrane, metal Exterior: Stucco Casita: 768+/- sf Dimensions: Master Bedroom: 21 x 14 Master Living Area: 28 x 18 Kitchen: 12 x 11 Dining Room: 24 x 12 2nd Bedroom: 15 x 12 3rd bedroom: 15 x 15 Guest House: 1,200+/- square feet Bedroom: 1 plus loft/bedroom or home office Bathroom: 1 Great Room Sunroom Full Kitchen Utility Room Large Garage with 2 oversized bays (1 bay is large enough for an RV)

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Property Overview Continued

Homeowners Association Dues: Annual Fees: $50 Road Maintenance Fee: $180/year Water Fee: $240/year ($10,000 to get on water) (Private water well services both residences) Pump Fee: $50/year Gate Fund: $500/one time fee (with 2 gate openers) 2010 Approximate Taxes: Tract #1: $5.00 Tract #2: $5.00 Tract #3: $5.00 Tract #4: $5.00 Tract #5: $5.00 Tract #6: $5.00 Tract #7: $894.08* Tract #8: $1,121.58* Taxes for all Tracts except Tract #7 were classified through agricultural exemption. Please know that this may change and therefore so will the tax amounts. (*Tracts #7 & #8 taxes were pro rated per the auction company. Please know that these amounts will be different per the Torrance County Tax Assessor’s Office.) Directions: I-40 East to Tijeras/Cedar Crest Exit (#175) South/right to stop light, continue thru light south on Hwy 337 (Old South 14) approximately 25 miles to Manzano Morning subdivision, turn West/right to gated community, follow main road to top of hill.

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Property Overview Continued

Utility Companies Currently Used: Electric Company: Central New Mexico Electric Coop, Inc PO Box 157 Mountainair, NM 87036-0157 Telephone Company: Qwest Security Company:

Security Source, Inc F.K.A. Albuquerque Safe Co. 7910 Lorraine Court Albuquerque, NM 87113-1557

Propane Company:

Cortez Gas Moriarty PO Box 2430 Moriarty, NM 87035 (the tanks are currently leased, but can be purchased)

Backup Generator:

Stewart & Stevenson 2929 Vassar Dr., NE Albuquerque, NM 87107


Dish Network or DIRECTV



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Tract #8 Main House

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Tract #8 Casita


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Tract #8

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Tract #7 Guest House

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Tract #1

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Tract #2

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Tract #3

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Tract #4

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Tract #5

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Tract #6

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Legal Description Lots numbered Three (3), Four (4) Five (5) and Seven (7) of Unit numbered One (1) of MANZANO MORNING, a subdivision, as the same are shown and designated on the Plat(s) of said subdivision filed in the office of the Clerk of Torrance County, New Mexico. Lot numbered Eight (8) of Unit numbered One (1) of MANZANO MORNING, a subdivision, as the same is shown and designated on the Plat(s) of said subdivision filed in the office of the Clerk of Torrance County, New Mexico. AND Lots designated Six-R(6-R), Nine-R(9-R) and Ten-R (10-R), being a replat of Lots Six (6), Nine (9) and Ten (10) of Unit One (1), MANZANO MORNING, a subdivision, as the same are shown and designated on that certain Plat entitled “Lot Line Adjustment Exemption Plat of Lot 6, Lot 9, and Lot 10, Manzano Morning, Unit 1”, prepared by Roger G. Seussel, P.S. No. 14405, June 6, 2010, filed for record on June 8, 2010 at 2:59 o’clock, P.M., as document number 2101753, and recorded in Cabinet F, Slide 186, Plat Records of Torrance County, New Mexico.

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Sample Earnest Money Contract

EARNEST MONEY CONTRACT [RESIDENTIAL AUCTION] * * * * * * * * * * Bidder #: _______________ Tract(s): ________________ This is a Contract whereby The Swenka Qualified Personal Residence Trust ("Seller"), agrees to sell to ____________________________ ("Buyer"), who agrees to purchase, upon the terms and provisions hereof, the following described real property: Legal Description: Exhibit A together with all improvements thereon and all rights, privileges, and appurtenances pertaining thereto, including but not limited to: the house, garage and all other fixtures or improvements attached to the above described property, including without limitation , the following permanently Installed and Built in items, if any; claims and permits, easements. Included with the sale are the following items, curtains and rods, draperies and rods, valances, blinds, window shades, screens, shutters, awnings, wall-towall carpeting, mirrors fixed in place, ceiling fans, attic fans, mail boxes, television antennas and satellite dish with controls and equipment, permanently installed heating and air conditioning units, window air conditioning units, built-in security alarm and fire detection equipment, plumbing and lighting fixtures, including chandeliers, water softener, stove, built-in kitchen equipment, garage door openers with controls, built-in cleaning equipment, all swimming pool equipment and maintenance accessories, shrubbery, landscaping, permanently installed outdoor cooking equipment, built-in fireplace screens, artificial fireplace logs, and all other property owned by Seller and attached to the above described real property. All property sold by this Contract is called the “Property”. The Property will be conveyed subject to the following exceptions, reservations, conditions, and restrictions (if none, insert “none”):


Easements: Of Record at Torrance County Courthouse


Restrictions, Zoning Ordinances, or other Exceptions: Of Record at Torrance County Courthouse

Article 1


Sales/Purchase Price. Auction Bid Price: $__________ Buyer’s Premium: $__________ Contract Price: $__________ payable to Seller in cash or immediately available funds at closing.

1.2 Earnest Money. Upon the execution of this Contract by Seller, Buyer shall deposit 10% of the “Contract Price” (the "Earnest Money") with New Mexico Abstract Co. – Stella Chavez (the -"Title Company"). The Title Company is not required to deposit the Earnest Money in an interest bearing account. At closing, the Earnest Money will be applied to the sales/purchase price.

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The Title Company’s address is PO Box 408, 510 Williams Avenue, Estancia, New Mexico, 87016 Telephone No. (505) 384-5000.

1.3 Closing Date. Closing will be on or before October 24th, 2011 or when applicable closing documents are made available, at the offices of the Title Company. Article 2

2.1 Title Commitment. Buyer acknowledges receipt of a title commitment (the "Commitment") covering the Property binding the Title Company to issue a New Mexico owner policy of title insurance. Buyer will accept title to the Property as shown in the Commitment. All exceptions to title shown in the Commitment will be considered “Permitted Exceptions”. 2.2 Title Insurance. Seller will furnish Buyer with an owner policy of title insurance (the "Title Policy") issued by the Title Company. The Title Policy will be delivered as soon as possible after the sale is closed. The Title Policy will be in the form prescribed by the New Mexico State Board of Insurance, dated as of the closing date, and issued to Buyer in the amount of the total sales price, guaranteeing Buyer's title to be good and indefeasible subject to the Permitted Exceptions. 2.3 Conveyance. At closing and funding, Seller will convey the Property to Buyer by a warranty deed subject to the Permitted Exceptions. 2.4 Seller’s Closing Costs. Seller shall pay the following closing costs: (i) preparation of warranty deed, (ii) Title Policy, (iii) title curative costs, (iv) tax certificates, (v) one-half of the escrow fees, and (v) Seller’s attorney’s fees. 2.5 Buyer’s Closing Costs. Buyer shall pay the following closing costs: (i) one-half of the escrow fees, (ii) recording warranty deed, (iii) Mortgagee Title Policy if necessary, and (iv) Buyer’s attorney’s fees. 2.6 Ad Valorem Taxes. Ad valorem taxes on the Property for 2010 and prior years will be paid by Seller. Taxes for 2011 will be prorated to the closing date. 2.7 Rollback Taxes. If this sale or Buyer’s use of the Property after closing results in the assessment of additional taxes, penalties, or interest (“Assessments”) for periods prior to closing, the Assessments will be the obligation of Buyer. If Seller’s change in use of the Property prior to closing or denial of a special use valuation on the Property claimed by Seller results in Assessments for periods prior to closing, the Assessments will be the obligation of Seller. Obligations imposed by this paragraph will survive closing. 2.8 Escrow. The Earnest Money is deposited with the Title Company with the understanding that the Title Company (i) is not a party to this Contract and does not assume or have any liability for performance or non-performance of any party to this Contract, (ii) has the right to require from all parties a written release of liability of the Title Company which authorizes the disbursement of the Earnest Money, and (iii) is not liable for interest or other charge on the funds held. If any party unreasonably fails to deliver promptly the document described in (ii) above, then that party will be liable for attorney's fees. Any refund or payment of the Earnest Money under this Contract will be reduced by the amount of any actual expenses incurred on behalf of the party receiving the Earnest Money, and the Title Company will pay the same to the creditors entitled thereto. 2.9 Broker’s / Auctioneer’s Commission. Alliance Auction Group, LLC dba United Country Alliance Auction & Realty served as the auctioneer (“Auctioneer”) and United Country Double Star Realty served as broker (“Broker”) and has conducted the auction to sell the Property. Seller shall pay Auctioneer / Broker, in Torrance County, New Mexico, a commission as set forth in a separate agreement. The Title Company is authorized to disburse Auctioneer’s / Broker’s fee from Seller’s funds.

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2.10 Notice to Buyer. According to the terms of the Real Estate License Act of New Mexico, you, as Buyer, are advised by Auctioneer and Broker that Buyer should have the abstract covering the Property examined by an attorney of Buyer’s selection, or be furnished with or obtain an owner policy of title insurance. 2.11

Seller's Remedies. Upon failure of Buyer to comply herewith, Seller may either:


(b) (c)

cancel this Contract and thereupon the Earnest Money shall be paid to Auctioneer to the extent of Auctioneer’s fee and the balance, if any, to Seller and there will be no further obligation to be borne, performed, or enforced by any party hereto; or, enforce specific performance hereof; or; seek other relief as may be provided by law.

2.12 Buyer's Remedies. If Seller fails to comply herewith for any reason, except Buyer’s default, Buyer may either: (a) (b) (c)

cancel this Contract and thereupon the Earnest Money shall be returned to Buyer and there will be no further obligation to be borne, performed, or enforced by any party hereto; or, enforce specific performance hereof; or, seek other relief as may be provided by law.

2.13 Attorney's Fees. Any party to this Contract or the Title Company who prevails in any legal proceeding brought under or with relation to this Contract or transaction will be additionally entitled to recover court costs and reasonable attorney's fees. Article 3

3.1 Examination of Property. BUYER HAS EXAMINED THE PROPERTY TO BUYER'S COMPLETE SATISFACTION AND KNOWS ITS CONDITION. IN PURCHASING THE PROPERTY, BUYER RELIES ONLY ON BUYER'S EXAMINATION AND JUDGMENT, NOT ON THE REPRESENTATION OF SELLER OR ANY OTHER PERSON AS TO VALUE, FUTURE VALUE, CONDITION, SIZE, AGE, USE, ENVIRONMENTAL CONDITION, OR ANY OTHER MATTER. BUYER ACKNOWLEDGES THAT IN SELLING THE PROPERTY, SELLER MAKES NO WARRANTIES OTHER THAN TITLE. 3.2 Property Condition. BUYER IS PURCHASING THE PROPERTY ON AN "AS IS" BASIS, WITH ALL FAULTS AND PROBLEMS OF ANY KIND AND NATURE, KNOWN OR UNKNOWN, PATENT OR LATENT, OF A PHYSICAL, ENVIRONMENTAL, OR LEGAL CONCERN, OR OTHERWISE. THE PURCHASE PRICE REFLECTS THE EXISTING CONDITION OF THE PROPERTY AND ANY DAMAGE OR DETRIMENT BUYER MAY SUFFER BY REASON OF THE CONDITION OF THE PROPERTY IS FULLY COMPENSATED FOR BY THE PURCHASE PRICE. THE PROVISIONS OF PARAGRAPHS 3.1 AND 3.2 WILL SURVIVE THE CLOSING. 3.3 Lead Warning. If the Property includes a house, see “Addendum for Seller’s Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards as Required by Federal Law” attached hereto and made a part hereof for all purposes. 3.4 Disclosure. If the Property includes a house, pursuant to the New Mexico Real Estate law, Seller has furnished Buyer with a Seller’s Disclosure Notice. The Notice was given to Buyer because the law requires the Notice be given to Buyer but Buyers should not rely on any of the statements set forth in the Notice. Buyer should have the Property inspected by a qualified inspector or otherwise satisfy itself as to the condition of the Property.

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Article 4

4.1 funding.

Possession. Possession of the Property will be delivered to Buyer at closing and

4.2 Notices. Any notice, tender, or delivery to be given hereunder must be in writing and will be affected either by personal delivery or by registered or certified mail, postage prepaid, return receipt requested. Notice will be deemed received upon personal delivery or two days after mailing. Mailed notices must be addressed as set forth herein, but each party may change his address by written notice according to this paragraph. 4.3

Time. Time is of the essence of this Contract.

4.4 Mutual Understanding. Seller and Buyer have carefully read and understand the effect of this Contract. Each of the parties has had the assistance of separate counsel in carefully reviewing, discussing, and considering all the terms of this Contract. Counsel for each of the parties has read and considered this Contract and advised their clients regarding the execution of the same. This Contract will be construed as if prepared by counsel of both Seller and Buyer. 4.5 Only Agreement. This Contract constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the within subject matter. 4.6 Non-Foreign Person Affidavit. At closing, Seller shall deliver to Buyer a duly executed affidavit stating (i) Seller’s United States Taxpayer Identification Number for federal income tax purposes and (ii) that Seller is not a “foreign person” within the meaning of Section 1445, et seq., of the Internal Revenue Code. 4.7 Parties Bound. This Contract is binding upon and inures to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns. 4.8 Signature by Facsimile. This Contract will be deemed fully executed by all parties if it bears the signatures of all parties. A FAX of the signature of a party will be binding on the signing party and delivery of this Contract by FAX will constitute delivery of this Contract for all purposes and will thus be binding on the party sending the FAX. 4.9 Counterparts. This Contract may be executed in counterparts and, if so executed, shall be valid, binding, and have the same effect as if all the parties hereto actually joined in and executed one and the same document. 4.10 Paragraph Headings. Paragraph headings are included only for convenience and are not to be used to construe any provision of this Contract. 4.11 Gender. Whenever the context requires, the singular includes the plural, the plural the singular, and the use of any gender includes all genders. 4.12 Consult Your Attorney. AUCTIONEER/BROKER CANNOT GIVE LEGAL ADVICE. THIS IS A LEGALLY BINDING CONTRACT AND SHOULD BE READ VERY CAREFULLY. IF YOU DO NOT UNDERSTAND THE EFFECT OF THIS CONTRACT, CONSULT WITH YOUR ATTORNEY BEFORE SIGNING.


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PO Box 190 ______________ Estancia, New Mexico 87016________

________________________________________ By: _____________________________________ ________________________________________ By: _____________________________________

Telephone No. (505) 384-0176 Facsimile No. (505) 384-0029 E-Mail



_______________________________ _________________________________________ _______________________________ Telephone No. ___________________ _________________________________________ Facsimile No.____________________ E-Mail Address:_____________________________

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RECEIPT BY TITLE COMPANY The Title Company acknowledges receipt of this Contract and _______________ as Earnest Money from Buyer in the form of Check _________________________________________. Dated: _______________, _____.

________________________________________ By: _____________________________________ Name:___________________________________ Title: ____________________________________

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Be sure to mark your calendar for Saturday, September 24th, 2011 1:00PM MST Please call our office if you have any questions 2744 Duniven Circle Amarillo, TX 79109 Toll Free: 877-271-7891 Office: 806-553-1960 Fax: 806-553-1964 Please be sure to check out our website for up-to-date details for this auction as well as upcoming auctions.

Estancia, New Mexico Property Information Package  

Property Information Package for Mountain Home on 80+/- acres offered at Auction on Saturday, September 24, 2011

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