NORTH CAROLINA, WILKES COUNTY, IN THE GENERAL COURT OF JUSTICE, DISTRICT COURT DIVISION, FILE NO.   19 CVD 370, WILKES COUNTY, Plaintiff, vs. All Unknown Heirs at Law or Devisees of JAMES MONROE BATES, Widowed, Deceased, Together with All Their Creditors and Lienholders Regardless of How or Through Whom They Claim, and Any and All Persons Claiming Any Interest in the Estate of JAMES MONROE BATES, Widowed, Deceased; TIMOTHY B. JOINES, Guardian Ad Litem For All Unknown Heirs at Law and Devisees of JAMES MONROE BATES, Widowed, Deceased; All Lienors, Creditors, and Assignees of Said Heirs at Law and Assignees of Said Heirs at Law and Devisees Who May Be Minors, Insane, or Otherwise Incompetent, the Names and Whereabouts of All Such Persons Being Unknown to the Plaintiff; SONYA BATES PAYNE and husband, WILLIAM T. PARDUE; RANDY JUNIOR BATES and wife, KIMBERLY BATES; BOBBY JAMES BATES and wife, JANE DOE, (actual name and marital status unknown); STATE OF NORTH CAROLINA, Lienholder; and TALCOTT CHAPMAN, Judgment Creditor,    Defendants.

TAKE NOTICE that, under and by virtue of an order of the District Court of Wilkes County, North Carolina, made and entered in the above captioned matter, the undersigned Commissioner will on the 4th day of February, 2020, offer for sale and sell for cash, to the last and highest bidder at public auction, at the door of the Wilkes County Courthouse, 500 Courthouse Drive, Wilkesboro, North Carolina, at 10:00 A.M., the following described real property, lying and being in Edwards Township, Wilkes County, North Carolina, and being more particularly described in the Exhibit “A” attached hereto.


BEGINNING at a new iron pin, said pin being located in the South right of way margin of S.R. #2024 and being the common corner with Larry Bates, Deed Book 507, Page 544, and running thence with the line of Larry Bates South 61 degrees 12 minutes 31 seconds West 98.05 feet to an existing iron pin; thence with the line of James M. Bates, Deed Book 547, Page 818, North 76 degrees 47 minutes 29 seconds West 95 feet to a new iron pin; North 69 degrees 47 minutes 29 seconds West 20 feet to a new iron pin; thence North 43 degrees 09 minutes 05 seconds East 139.35 feet to a new iron pin located on the South right of way margin of S.R. #2024; thence with the said right of way margin South 50 degrees 48 minutes 43 seconds East 131.45 feet to the point of BEGINNING, Containing 0.301 acres more or less as surveyed by Ronald Edwards, RLS, June 9, 1983.

Subject to the Rights-of-Way for SR-2142 (Hamlet Place) and SR 2024 (Luffman Road).  

Subject to North Carolina Department of Transportation Right of Way Agreement, dated October 1, 1992, and recorded in Deed Book 712, Page 337, Wilkes County Registry.

Subject to all service and utility easements of record, N.C. Highway Commission easements and rights of way of record, and all matters revealed by a current and accurate survey.

BEING the same property as conveyed by James Monroe Bates to Clara Osborne Bates by deed dated March 31, 1989, and recorded in Deed Book 669, Page 557, Wilkes County Registry.  Clara Osborne Bates died on May 1, 2001, survived by her heirs, James Monroe Bates, Sonya Bates Payne, Randy Junior Bates, Danny Ray Osborne, Jamie Renee Holloway, Bobby James Bates, and Karen Michelle Bates Carter. Clara Osborne Bates’s Last Will and Testament was filed with the Wilkes County Superior Court Clerk’s Office, but not probated.  See Estate File 01 E 199.  James Monroe Bates died on December 21, 2007.  See Estate File 08 E 43, Wilkes County Superior Court Clerk’s Office.

This sale will be made subject to all outstanding city and county property taxes, if applicable, and all local improvement assessments, if applicable, against the above described real property not included in the judgment in this action.

A deposit of five percent (5%) of the successful bid will be required.

This the 15th day of January, 2020.

By: Anthony R. Triplett

Wilkes County Attorney

P.O. Box 1388

922 C Street

N. Wilkesboro, N.C. 28659

(336) 667-7201


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