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Terms And Conditions

By

John Christopher Burr
Attorney at Law
California



Permission to walk on or ride a horse on property

You are hereby granted permission to walk on and/or ride a horse on properties stated here subject to permission may be withdrawn or rescinded for any lawful reason at any time without notice. You take sole responsibility for knowing where the property is when you walk over it. Owner does not warrant the accuracy of the Lassen County California Tax Appraiser maps. This property is unsurveyed. Owner takes no responsibility what so ever for you being on the wrong property.

Permission to take soil samples

You are hereby granted permission to take soil samples not to exceed 10 pounds for the purpose of testing subject to permission may be withdrawn or rescinded for any lawful reason at any time without notice. You take sole responsibility for knowing where the property is when you dig in it. Owner does not warrant the accuracy of the Lassen County California Tax Appraiser maps. This property is unsurveyed. Owner takes no responsibility what so ever for you digging up the wrong property.

Driving, Camping, Hunting, and Fires

You are not given permission to drive a motorized vehicle on said property. You are not given permission to camp on said property. You are not given permission to hunt on said property. You are not given permission to have a fire for cooking, smoking, nor any other activity a fire may or may not be required on said property.

Save and Hold Harmless

When and if you walk on, survey, or dig in said properties, you agree to save and hold harmless the owner of said properties for any and all accidents, damages, mistakes, mishaps, misfortunes, harm, destruction, injury, wrong, fires, gun shots, to you, any third party, the owner, and/or property, you may or may not have cause while walking on, viewing, inspecting, surveying, digging in, or what have you involving said property. You agree to pay for any and all owners costs, damages, and fees including but not limited to attorney fees, expert fees, court costs, direct damages, indirect damages, and a reasonable sum to the owner for his time defending himself in court and/or repairing the damage you caused or that which happened that involved you, and all your costs, fees, and damages, and any third party damages, costs, fees which may for what ever reason be assessed to owner.

Warning

This is wild land property. This property has rabbit holes, rocks, soft spots, and gritty dirt. This property is inhabited by horses, cattle, mice, rattle snakes, insects, and other varmints. People hunt in the area too. Owner takes no responsibility what so ever for your safety or the safety of anyone you may invite onto the property.

Condition of land

Owner does not warrant the condition of the land. What you see is what you get. This is "as is." Owner has paid taxes and taxes are current. Owner warrants to his best knowledge there are no outstanding notes against said properties. Owner is aware of many easements involving said properties, such as but not limited to, easement for US Highway 395, easement for Smoke Creek Ranch Road, telephone line easements, AT&T continental phone line easement, several electric power line easements, a gas line easement, and several access easements surrounding each parcel. Owner is unaware of any restrictions and or claim of mineral rights by anyone else other than the owner, but does not warrant, nor makes the claim mineral rights are transferrable as he doesn't really know because he didn't purchase the property for the minerals. Owner does not believe there is any pollution or polluting activities on the property, but makes no warranty that there isn't any. Owner does not believe there is any endangered species on the property but makes no warranty that there isn't any.

Sale Conditions

Owner is serious about selling the property. However, this web site offer is considered negotiating. Owner agrees to take the first offer for $995,000.00 cash American or Bank Check, placed escrow at Chicago Title Susanville, Lassen County, California, United States of America for all the properties owner controls in Lassen County listed in this site.

Prevailing Offer

All offers made using this site are subject to the condition of the total cash amount placed in escrow no matter what the owner may have agreed to prior to his knowledge of a full cash open escrow. Any use of this site for making offers is subject to the time delay between a full cash amount open escrow and information flow between offeree and owner which may create the event where owner accepts your offer prior to knowing a cash escrow is open, in that event, you agree not to hold owner liable or responsible for fulfilling the agreement. Nor does anyone, including the owner, warrant or guarantee this is a secure site. In the event the total asking cash amount is placed in escrow for the properties, the offer where the total cash is placed in escrow shall prevail and owner is not bound by any offer made over this site even if he agreed to it.

Condition Of General Offer

Neither owner, nor site manager takes economic responsibility for any situation, losses, or what have you, that this advertised offer may cause. Any offer you transmit to the owner is simply considered negotiations, which may be rejected for any lawful reason at any time. As a term and condition of any offer you make over this site through the internet, you as offerer agree, said offer may be agreed to by owner and later rejected by the owner subject to an attempt at informing you the offer is now rejected. Mistakes can happen, things can be misunderstood, and the internet is not at all secure, as such, the owner only agrees to look at any offer you may make using this site's offer form and do his best to accept only one offer in good faith under the laws of the State of California. It is expressly stated that only when escrow is open and owner is aware of said open escrow, and consideration has been placed in said open escrow, does the owner agree to be bound by the offerer's terms and conditions regarding the deal. By using this site and making an offer, you agree, you said, he said, she said, they said, over the internet does not constitute a complete agreement even though it is in writing and an acceptance was given. When you enter into negotiations with the owner over this site, only when consideration is placed in escrow does a lawful contract develop. As it stands, everything is negotiable. Owner reserves the right to take any offer and or reject any offer, for any lawful reason under the laws of the State of California, and including, but not limited to, he got a better offer.

Offers To Purchase Conditions

Given the terms and conditions of the "Condition Of General Offer" supra; buyer, offerer, you, shall not be held strictly liable by any agreement made over this site until said escrow with instructions and consideration is opened. It is hereby agreed to by seller, property owner, to afford those who make an offer over this site the same privilege to change their mind based on the same problems the internet poses as the owner reserves the right to do. As such, even if you agree to purchase the property, you have the ability to later reject it without damages being assessed against you, with the exception that escrow is opened.

Binding Contract

All offers over this site, agreed to or not, are simply negotiations. Only when an open escrow, with agreed to escrow instructions are accepted by a qualified escrow officer, and consideration placed in escrow, does a binding contract exist.

10 Days, Null And Void

If after 10 days form any time any offer is made and no response is given, the negotiated offer is hereby null and void. If after 10 days form any time any agreement is reached for the purchase of said properties, the offerer, buyer, seller, owner, agent, broker, etc, fails to take whatever action is called for, included but not limited to, failing to open escrow with instructions and/or the agreed to sum as consideration is not put in escrow, the agreement in what ever form it may be is hereby considered null and void.

Reason For Rejection

No reason for rejection need be given.

Inspection And Appraisal Costs

Buyer, or potential buyer, shall pay inspection fees, appraisal fees, soil testing fees, any and all other fees, costs, and amounts buyer, or potential buyer, may incur while appraising and or inspecting the properties. Neither owner or site developer guarantee nor warrant the accuracy of any information given in this site and take no responsibility what so ever to reimbursing anyone for inspection, appraising, testing, or any other costs which may be incurred regarding purchasing this property, regardless of it being an error on the part of the owner and/or this site developer or not.

Real Estate Agents And Brokers

This is an offer by owner. There are no Real Estate Agents and Brokers presently involved. Should you be an agent and/or broker making the offer, any commission must be declared and agreed to prior to escrow. Said commission must be in the escrow instructions. Any and all here say commissions not specifically stated in the escrow instructions are considered non-existant.


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