NOTICE OF SALE
2019 SP 67
STATE OF NORTH CAROLINA, COUNTY OF WILKES, IN THE GENERAL COURT OF JUSTICE, SUPERIOR COURT DIVISION, BEFORE THE CLERK, 2019 SP 67, IN THE MATTER OF THE ESTATE OF MOLLIE MAE HANDY, Charles D. Gambill, Petitioner.
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 2nd day of May, 2019, in a special proceeding therein entitled “In the Matter of the Estate of Mollie Mae Handy, Charles D. Gambill, Executor,” designated as 19 SP 67, the undersigned Commissioner will on Friday, July 12, 2019, at 1:00 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 405 D Street, North Wilkesboro, North Carolina 28659, as is more particularly described in Deed Book 630, Page 914 of the Wilkes County Registry, bearing Wilkes Tax ID Parcel #1401487, more particularly described as follows:
BEGINNING on a stake on the South side of “D” Street 105 feet westward of the Southwest corner of Fourth and D Streets and running South 27° 27’ East parallel with Fourth Street 140 feet to an alley; thence South 62° 33’ West along the North side of said alley 45 feet to a stake; thence north 27° 27’ West parallel with Fourth Street 140 feet to the South side of D Street; thence North 62° 33’ East along the side of D Street 45 feet to the point of beginning, containing 6300 square feet, and being Lot 12 and part of Lot 10 in Block 41 as shown on the Winston Land and Improvement Company’s Map of the Town of North Wilkesboro, N.C., lots having been deeded to C.O. McNeil and wife on the 1st day of March, 1940, by S.B. Richardson and wife, which deeds are recorded in the office of Register of Deeds of Wilkes County, in Book 192, page 373.
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. 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 14th day of May, 2019.
Law Offices of
Robert G. Greene, Jr., PLLC
By: Robert G. Greene, Jr.
State Bar Number: 19942
1206-A School Street
P.O. Box 424
Wilkesboro, N.C. 28697
Telephone: (336) 838-8800
Telefax: (336) 990-0899