NOTICE OF SALE
STATE OF NORTH CAROLINA, COUNTY OF WILKES, IN THE GENERAL COURT OF JUSTICE, SUPERIOR COURT DIVISION, BEFORE THE CLERK, 2019 SP 188, IN THE MATTER OF THE ESTATE OF PAULINE RHODES McLEAN, Robert G. Greene, Jr., Administrator CTA/Petitioner
UNDER AND BY VIRTUE of the authority contained in a certain Order entered by the Honorable Carla S. Royal, Assistant Clerk of Superior Court for the County of Wilkes on the 30th day of December, 2019, as Amended on June 24, 2020, and as Amended on July 8, 2020, in a special proceeding therein entitled “In the Matter of the Estate of Pauline Rhodes McLean, Robert G. Greene, Jr., Administrator,” designated as 19 SP 188, the undersigned Commissioner will on Friday, July 31, 2020, at 2:00 p.m., on the grounds of the said real property, offer for sale to the highest bidder for cash, that certain tract or parcel of land located at 5751 Brushy Mountain Road, Wilkesboro, North Carolina 28697, as is more particularly described in Deed Book 560, Page 112 of the Wilkes County Registry, bearing Wilkes Tax ID Parcel #0400254, and more particularly described as follows:
BEGINNING on a stake on the East side of Brushy Mountain Avenue and intersection of Spring Street, and running East across an alley along the southern border of Spring Street a distance of about 940 feet to a stake, Southeastern boundary line of Brushy Mountain Iron and Lithia Springs Company’s property; thence in a Southwesterly direction to a stake on the northern side of an alley about 225 feet; thence in a western direction along North side of said alley about 580 feet to a stake on the Eastern side of an alley; thence in a Northern direction along with eastern side of said alley 100 feet to a stake; thence across said alley in a western direction about 240 feet to a stake on the eastern side of Brushy Mountain Avenue; thence in a northern direction along the Eastern side of Brushy Mountain Avenue 100 feet to the point of beginning, including Lots No. 54 and 55, bordering on the eastern side of Brushy Mountain Avenue, Lot 54 also bordering on the South side of Spring Street.
This includes two family water rights in the Brushy Mountain Iron and Lithia Springs, and the right to use any needed water for domestic purposes from spring on Lot No. 132. Said lots being shown on the Map of Brushy Mountain Iron and Lithia Springs Company’s map recorded in Map Book 1, at Page 92, Office of the Register of Deeds of Wilkes County, N.C.
This conveyance is made subject to all easements and restrictions, if any, of record.
This sale is subject to all ad valorem taxes, liens, and other encumbrances as may appear of record.
1. The property to be offered pursuant to this Notice of Sale is being offered for sale, transfer and conveyance “AS IS, WHERE IS.” The Commissioner makes no representations or warranties relating to the title or any physical, environmental, health or safety conditions existing in, on, at or relating to the property being offered for sale, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition expressly are disclaimed. This sale is made subject to all prior liens and encumbrances, and unpaid taxes and assessments.
2. The successful (highest) bidder shall be required to make a cash deposit at the time of sale in the amount of 5% of the highest bid or $750.00, whichever is greater. Any successful bidder shall be required to tender the full balance of the purchase price so bid, in cash or certified check, at the time the undersigned Commissioner tenders, or attempts to tender, to the successful bidder, a deed for the property. Should the successful bidder fail to pay the full balance of the purchase price so bid at that time, the successful bidder shall remain liable on the bid as by law provided.
3. This sale shall be held open ten (10) days for upset bids as by law provided.
4. This sale is made pursuant to Chapter 1, Article 29A of the North Carolina General Statutes.
5. Randall Woodruff of Great State Auction Company is the agent of the undersigned Commissioner. Broker and seller have agreed that this sale is to be conducted by including a buyer’s premium of six percent (6%) upon the final high bid price accepted by the Court. The actual contract sales price shall be the sum of the confirmed high bid plus the buyer’s premium of six percent (6%) of said high bid. Any bidder acknowledges and agrees that inclusion and/or payment of the buyer’s premium shall not make broker the agent of the bidder/buyer and that the broker continues as the agent of the Commissioner in the sale of said property.
The successful bidder’s inability to secure a loan for the balance of the sale proceeds is not an excuse to void the sale/purchase.
This the ______ day of July, 2020.
Law Offices of
Robert G. Greene, Jr., PLLC
By: Robert G. Greene, Jr.
State Bar Number: 19942
1226 School Street
P.O. Box 424
Wilkesboro, N.C. 28697
Telephone: (336) 838-8800
Telefax: (336) 990-0899