NOTICE OF SALE
STATE OF NORTH CAROLINA, COUNTY OF WILKES, IN THE GENERAL COURT OF JUSTICE, SUPERIOR COURT DIVISION, BEFORE THE CLERK, 2020 SP 27, IN THE MATTER OF THE ESTATE OF MATTIE LOU WALL, An Incompetent Adult
UNDER AND BY VIRTUE of the authority contained in a certain Order entered by the Honorable Regina C, Billings, Clerk of Superior Court for the County of Wilkes on the 17th day of April 2020, in a special proceeding therein entitled In the Matter of the Estate of Mattie Lou Wall, an Incompetent Adult, designated as 2020 SP 27, the undersigned Commissioner, by and through Great State Auction Company and, in particular, W. Randall Woodruff, will on August 7, 2020, at 12 noon on the grounds of the real estate being offered for sale, specifically, 3368 Austin Traphill Road, Elkin, North Carolina, offer for sale to the highest bidder for cash, as follows:
BEING a certain parcel located in Edwards Township, Wilkes County, North Carolina and being further described as follows:
BEGINNING on an iron stake in the East margin of the Traphill-Elkin Road, Coy Hanks corner, runs with his line North 67 degrees East 726 feet to an iron stake; thence South 43 1/2 degrees East 224 feet to an iron stake, Russell’s corner; thence with his line South 63 1/2 degrees West 815 feet to a stake in the margin of the aforesaid road near the mail box; thence up and with the margin of said road North 17 degrees West 282 feet to the BEGINNING containing 1.43 acres, more or less.
The above referenced property is subject to the BOUNDARY AGREEMENT as recorded in Deed Book 1170, Page 208 of the Wilkes County Registry.
Per the Wilkes County Taxing Authority this property description has a parcel ID of 0605139 and is described as 1.40 acres,
The above Legal Description is subject to a more true and accurate survey of the premises,
FOR FURTHER REFERENCE, see Deed Book 413, Page 394 of the Wilkes County Registry.
This sale is subject to ad valorem taxes and such other liens 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 at the sale shall be required to make a cash deposit at the time of sale in the amount of 5% of the highest bid. Any successful bidder shall be required to tender the full balance of the purchase price so bid, including the ten percent (10%) buyer’s premium as set out hereinafter, 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, and the ten percent (10%) buyer’s premium, the successful bidder shall remain liable on the bid as by law provided.
3. This sale shall be held open 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 ten percent (10%) 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 ten percent (10%) 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. This sale is subject to confirmation by the Court.
7. 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 9th day of July 2020.
JOINES & JAMES, P.L.L.C.
By: Timothy B. Joines,
N.C. State Bar Number 18250
115 East Main Street
Wilkesboro, N.C. 28697
Telephone: (336) 838-2701
Facsimile: (336) 838-9661