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, 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 Thursday, July 2, 2020, at 1:00 p.m., on the grounds of the said real property, offer for sale to the highest bidder for cash, those certain three (3) tracts or parcels of land, with Tract 1 being located at 195 Spears Road, North Wilkesboro, North Carolina 28659, as is more particularly described in Deed Book 964, Page 32 of the Wilkes County Registry, bearing Wilkes Tax ID Parcel #1405349, and Tract 2 being a 44.4 acres tract off Boone Trail, North Wilkesboro, North Carolina 28659, as is more particularly described in Deed Book 640, Page 521 of the Wilkes County Registry, bearing Wilkes Tax ID Parcel #1402051, and Tract 3 being a 1.32 acre tract Off Boone Trail, North Wilkesboro, North Carolina 28659, as is more particularly described in Deed Book 844, Page 398 of the Wilkes County Registry, bearing Wilkes Tax ID Parcel #1402814, respectively, and being further described as follows:

TRACT 1:

195 SPEARS ROAD, NORTH WILKESBORO, N.C. 28659 (PARCEL ID 1405349)

BEING all of that tract of land containing 7.28 acres located in North Wilkesboro Township, Wilkes County, North Carolina; BEING the land described in Deed Book 192 on page 268, Deed Book 216 on page 309 and Deed Book 244 on page 271; and BEING bounded by physical features and/or lands now or formerly owned by and/or in the possession of persons as follows: Westerly in part by Tony Brown(Deed Book 392, page 429), William S. Luck, Jr. (Deed Book 698, page 165 and Plat Book 3, page 113), and Joe D. Hamby (Deed Book 607, page 322); Northerly and Easterly by Pauline R. McLean (Deed Book 640, page 521); and southeasterly by Savannah Anderson (Deed Book 519, page 756); and BEING more particularly described by bearings indexed to Plat Book 3, page 113 and distances and angles measured in a survey by Walter W. VanMeter, Professional Land Surveyor, L-2528, completed on the 1st day of September, 2004 as follows:

BEGINNING on an iron under the pavement of Spears Road, Tony Brown’s southeasterly corner, about 240 feet north of the north edge of the pavement of Boone Trail/old highway 421 and running

THENCE North 10 degrees 49 minutes and 54 seconds East for a distance of 658.88 feet to a #4 rebar found at Tony Brown’s northeasterly corner.

THENCE South 75 degrees 53 minutes 08 seconds West for a distance of 154.94 feet to a #4 rebar found at Tony Brown’s northwesterly corner.

THENCE South 10 degrees 15 minutes 40 seconds West for a distance of 18.49 feet to a point in a small branch.

THENCE South 76 degrees 40 minutes 20 seconds West for a distance of 142.19 feet to another point in said small branch.  Said point being North 11 degrees 16 minutes 33 seconds East a distance of 14.00 feet from a newly placed 1” iron pipe.

THENCE North 11 degrees 16 minutes 33 seconds East for a distance of 810.42 feet to a newly placed 1” iron pipe.

THENCE South 47 degrees 27 minutes 10 seconds East for a distance of 283.99 feet to a set stone, found.

THENCE South 11 degrees 18 minutes 43 seconds West for a distance of 328.25 feet to a newly placed 1” iron pipe.

THENCE South 11 degrees 03 minutes 00 seconds West for a distance of 144.00 feet to a newly placed 1” iron pipe.

THENCE South 63 degrees 43 minutes 12 seconds East for a distance of 183.28 feet to a newly placed 1” iron pipe.

THENCE North 30 degrees 01 minutes 18 seconds East for a distance of 100.00 feet to a newly placed 1” iron pipe.

THENCE South 53 degrees 56 minutes 10 seconds East for a distance of 157.46 feet to a newly placed 1” iron pipe.

THENCE South 08 degrees 15 minutes 20 seconds West for a distance of 254.36 feet to a 1 ½” iron pipe found in a fence.

THENCE South 08 degrees 15 minutes 20 seconds West for a distance of 31.43 feet to a newly placed #4 rebar near the center of an old road.

THENCE South 25 degrees 06 minutes 08 seconds West for a distance of 20.36 feet to a newly placed #4 rebar near the center of said old road.

THENCE South 53 degrees 25 minutes 10 seconds West for a distance of 28.32 feet to a newly placed #4 rebar near the center of said old road.

THENCE South 82 degrees 00 minutes 02 seconds West for a distance of 67.17 feet to a newly placed #4 rebar near the center of said old road.

THENCE South 62 degrees 55 minutes 26 seconds West for a distance of 110.14 feet to a newly placed #4 rebar near the center of said old road.

THENCE South 45 degrees 52 minutes 00 seconds West for a distance of 257.89 feet to a point near the center of the pavement of Spear Road.

THENCE South 40 degrees 49 minutes 28 seconds West for a distance of 27.97 feet to a point near the center of said pavement.

THENCE South 15 degrees 22 minutes 37 seconds West for a distance of 33.52 feet to the point of beginning.

Together with and subject to covenants, easements, and restrictions of record.

Said property containing 7.28 acres more or less.

TRACT 2:

44.4 ACRE, OFF BOONE TRAIL, NORTH WILKESBORO, N.C. 28659

(PARCEL ID 1402051)

BEGINNING at an iron stake, Jarvis corner in an old road, and running North 15° 20’ West 588.5 feet to an iron stake, Spainhour’s corner; thence with Spainhour’s line South 70° 40‘ West 230.7 feet to an iron stake; thence North 58° 20’ West 536.1 feet to an iron stake; thence North 25° 30’ West 329.95 feet to an iron stake, Forrester corner; thence with Forrester’s line North 85° 15’ West 807.88 feet to an iron stake; thence South 5° 30’ East 841.4 feet to a stone; thence South 49°East 283.95 feet to a stone; thence South 9° 45’ West 328.18 feet to an iron stake; thence South 55° 30’ East 388.5 feet to an iron stake; thence crossing a branch with Spears line South 6° 30’ West 326.5 feet to an iron near the old road; thence crossing the old road the same course 70 feet to a hub and tack; thence due East with Vannoy’s line 566.9 feet to an iron stake; thence North 18° West 337.5 feet crossing the old road to a poplar near the old road; thence North 41° East 148.5 feet to an iron stake at the branch; thence North 49° East 181.5 feet to an iron stake near the branch; thence crossing the branch South 19° East 90.5 feet to the old road; thence with the old road the following courses: North 60° 30’ East 141.5 feet, North 66° East 53 feet, North 51° 30” East 141.7 feet, North 60° 30’ East 120 feet, North 49° East 169 feet to the point of BEGINNING containing 44.4 acres, more or less, and being the lands described in a certain contract recorded in Book 515 at Page 808, Wilkes County Registry.

TRACT 3:

1.32 ACRES, OFF BOONE TRAIL, NORTH WILKESBORO, NC 28659

(PARCEL ID 1402814)

1.32 acres in North Wilkesboro Township, Wilkes County, North Carolina, near S.R. 1500, being the same tract of land as described on Tax Map S19, Block 1, Lot 20, North Wilkesboro Township, Wilkes County Tax Mapping office.

Being the same as Lots 126-128, E D Vannoy Subdivision.

The above described property was conveyed to Pat Hadley Davis by Commissioner’s Deed dated July 31, 1996, and recorded at Book 762, Page 637, Wilkes County Registry.

Refer Map Book 1, Page 48, WCR.

This conveyance is made subject to all easements and restrictions, if any, of record.

This sale is subject to all ad valorem taxes and such other liens and 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.

6. 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 June, 2020.

Law Offices of

Robert G. Greene, Jr., PLLC

By: Robert G. Greene, Jr.

State Bar Number: 19942

Administrator/Commissioner

1226 School Street

P.O. Box 424

Wilkesboro, N.C. 28697

Telephone: (336) 838-8800

Telefax: (336) 990-0899

7-1-2t(W)

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