NOTICE OF SALE

2019 SP 262

STATE OF NORTH CAROLINA, COUNTY OF WILKES, IN THE GENERAL COURT OF JUSTICE, SUPERIOR COURT DIVISION, BEFORE THE CLERK, 2019 SP 262, IN THE MATTER OF THE ESTATE OF KENNETH WALSH, Robert G. Greene, Jr., Administrator

UNDER AND BY VIRTUE of the authority contained in a certain Order entered by the Honorable Julie F. Church, Assistant Clerk of Superior Court for the County of Wilkes on the 6th day of February, 2020, in a special proceeding therein entitled “In the Matter of the Estate of Kenneth Walsh, Robert G. Greene, Jr., Administrator,” designated as 19 SP 262, the undersigned Commissioner will on Friday, June 26, 2020, at 11 :00 a.m., on the grounds of the said real property, offer for sale to the highest bidder for cash, those certain tracts or parcels of land, same being located at 670 Whites Creek Road, Wilkesboro, North Carolina 28697, as is more particularly described in Deed Book 1294, Page 303 of the Wilkes County Registry, bearing Wilkes Tax ID Parcel #0301079, Boomer Township, and 3981 W. NC Hwy 268, Wilkesboro, North Carolina 28697, as is more particularly described in Deed Book 1290, Page 392 of the Wilkes County Registry, bearing Wilkes Tax ID Parcel #1100521 , Moravian Falls Township, respectively and being further described as follows:

670 Whites Creek Road, Wilkesboro, North Carolina 28697

A certain tract or parcel of land containing 14.55 acres, lying and being in Boomer Township, Wilkes County, North Carolina being the land as conveyed to Kenneth B. Walsh (Estate) by deed recorded in Db. 1154, pg. 166, all of Tract 3 and remaining portion of Tract Four, Wilkes County Registry (WCR). Bounded on the northwest by Gary Payne, on the north by John W. & Mary G. Johnson, on the east and southeast by John W. & Mary G. Johnson, on the southwest by White Creek, John W. & Mary G. Johnson, and United States of America - W. Kerr Scott Reservoir, and being more particularly described by bearing rotated to Deed North - Db. 792, pg. 424 (WCR), this being 01°16’ 42” East of N.C. Grid North - NAD 83 (2011) as surveyed by Russell N. Vogel, P.L.S., L-3106 on February 15, 2017;

BEGINNING on an existing one-half inch iron pipe (S-4 145) having N.C. Grid Coordinates - NAD 83 (2011) of N = 864,169.391 feet and E = 1,333,373.759 feet in the line of the land as conveyed to the United States of America - W. Kerr Scott Reservoir and running thence from the point of BEGINNING with said government’s line North 72° 44’ 47” West 53.45 feet to a one-half inch re-bar set on the southeast bank of a branch, said one-half inch re-bar being located South 72° 53’ 47” East 117.31 feet from an existing one-half inch iron pipe (S-4 144) in said government’s line; thence up the meanders of the branch North 44° 32’ 26” East 88.08 feet to a one-half inch re-bar set at the intersection of White Creek Road and a branch; thence leaving said road up the meanders of the branch with an Agreed Line as previously described in Db. 734, pg. 863 (WCR) the following eight (8) courses and distances: (1) North 33° 13’ 36” East 55.19 feet, (2) North 79° 10’ 16” East 42.80 feet, (3) North 58° 55’ 06” East 92.30 feet, (4) North 22° 00’ 36” East 48.52 feet, (5) North 28° 18’ 46” East 48.12 feet, (6) North 12° 28’ 06” East 72.58 feet, (7) North 47° 25’ 06” East 435.77 feet to a point at the forks of the branch, (8) North 12° 46’ 49” East 63.80 feet to a point in the southern line of the land as conveyed to John W. & Mary G. Johnson by deed recorded in Db. 1028, pg. 421 (WCR); thence leaving said branch with said Johnson’s line South 85° 34’ 09” East 4.88 feet to an existing three-quarters inch iron pipe on the east bank of the branch; thence continuing the same line South 85° 34’ 09” East 277.66 feet to a Beech; thence North 66° 25’ 55” East 245.09 feet to an existing five-eighths inch re-bar, said five-eighths inch re-bar being located South 66° 25’ 55” West 188.68 feet from an existing one-half inch iron rod on the southeast side of an existing road with an existing thirty (30) feet wide R/W as previously described in Db. 687, pg. 647 (WCR), said five-eighths inch rebar being a corner of the land as conveyed to John W. & Mary G. Johnson by deed recorded in Db. 1015, pg. 58 (WCR); thence with said Johnson’s line South 12° 10’ 55” West 121.17 feet to a point in the center of an existing road with an existing thirty (30) feet wide R/W as previously described in Db. 687, pg. 647 (WCR); thence continuing the same line leaving said road and said R/W South 12° 10’ 55” West 444.36 feet to an existing five-eighths inch re-bar; thence South 41° 20’ 56” West 517.32 feet to an existing five-eighths inch re-bar; thence South 55° 33’ 11” West 299.10 feet to a point on the northeastern edge of an existing road in the center of an existing thirty (30) feet wide R/W as previously described in Db. 602, pg. 668 (WCR); thence leaving said road and said R/W continuing the same line South 55° 33’ 11” West 61.36 feet to an existing five-eighths inch re-bar; thence North 76° 05’ 43” West 14.47 feet to a point in the center of White Creek in the line of the land as conveyed to John W. & Mary G. Johnson by deed recorded in_Db. 1015, pg. 58 - 80 Acre Tract (WCR); thence with the center of said White Creek North 37° 22’ 05” West 145.66 feet to a point in the line of the land as conveyed to the United States of America - W. Kerr Scott Reservoir; thence leaving said creek with said government’s line the following three (3) courses and distances: (1) North 39° 40’ 04” East 9.38 feet to an existing one-half inch iron pipe (S-4 147), (2) North 56° 12’ 27” West 133.67 feet to an existing one-half inch iron pipe (S-4 146), (3) North 28° 39’ 24” West 196.31 feet to the point of BEGINNING, containing 14.55 acres by coordinate geometry.

The above described tract is less & except a 1.00-acre tract as previously conveyed to Sandy W. Church & Bruce L. Church as being described in Db. 1154, pg. 251 (WCR), leaving 13.55 acres remaining.

3981 W. N.C. HWY. 268, Wilkesboro, N.C. 28697

A certain tract or parcel of land containing 1.61 acres, lying and being in Moravian Falls Township, Wilkes County, North Carolina being the land as conveyed to Kenneth B. Walsh (Heirs) by deed recorded in Db. 1154, pg. 166, Wilkes County Registry (WCR). Bounded on the North by N.C. Hwy 268, on the east by Gary & June Darnell, on the southeast by Gary & June Darnell, and Imogene Greene & Donald E. Stewart, on the south by Imogene Greene & Donald E. Stewart, on the west by Brenda K. Shumate, and being more particularly described by bearing rotated to N.C. Grid North - NAD 83 (2011) as surveyed by Russell N. Vogel, P.L.S., L-3106 on February 9, 2017:

BEGINNING on an existing one-half inch re-bar in the southern R/W of N.C. Hwy 268 - paved, said one-half inch re-bar being the northeast corner of the land as conveyed to Brenda K. Shumate by deed recorded in DB. 798, pg. 78 (WCR), said one-half inch re-bar being located North 79° 48’ 59” East 1968.30 feet from N.C.G.S. Station “LANDING” having N.C. Grid Coordinates - NAD 83 (2011) OF N = 871,31.33 feet and E = 1,340,691.00 feet and running thence from the point of BEGINNING with the RIW of said highway the following three (3) courses and distances: (1) North 83° 17’ 07” East 242.91 feet to an existing monument, (2) South 06° 54’ 23” East 38.42 feet to an existing monument, (3) North 83° 01’ 16” East 132.32 feet to an existing one-half inch re-bar at the southeast corner of the headway, said one-half inch re-bar being located South 74° 24’ 43” West 1144.02 feet from N.C.G.S. Station “CUT” having N.C. Grid Coordinates - NAD 83 (2011) OF N = 871,645.46 feet and E = 1,343,283.64 feet, said one-half inch re-bar being a corner of the land as conveyed to Gary & June Darnell by deed recorded in DB. 837, pg. 107 (WCR); thence leaving said RIW with said Darnell’s line crossing a branch (not surveyed) South 06° 37’ 07” East 92.28 feet to an existing one-half inch iron pipe; thence South 51° 09’ 00” West 158.40 feet crossing a branch (not surveyed) to an existing one-half inch iron pipe, said one-half inch iron pipe being a corner of the land as conveyed to Imogene Greene & Donald E. Stewart by deed recorded in Db. 619, pg. 429 & Db. 631, pg. 343 (WCR); thence with said Stewart’s line South 82° 23’ 52” West 240.91 feet to an existing one-half inch re-bar, said one-half inch re-bar being the southeast corner of the land as conveyed to Brenda K. Shumate by deed recorded in Db. 798, pg. 78 (WCR); thence with said Shumate’s line North 06° 46’ 43” West 99.77 feet crossing a branch (not surveyed) to an existing monument; thence North 06° 45’ 08” West 118.31 feet to the point of BEGINNING, containing 1.61 acres by coordinate geometry.

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 five percent (5%) 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 five percent (5%) 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 May, 2020.

Law Offices of

Robert G. Greene, Jr., PLLC

By: Robert G. Greene, Jr.

State Bar Number: 19942

Administrator/Petitioner

1226 School Street

P.O. Box 424

Wilkesboro, NC 28697

Telephone: (336) 838-8800

Telefax: (336) 990-0899

6-24-2t(W)

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