NOTICE OF SALE
NORTH CAROLINA, WILKES COUNTY, IN THE GENERAL COURT OF JUSTICE, SUPERIOR COURT DIVISION, BEFORE THE CLERK, 19 SP 77, IN THE MATTER OF THE ESTATE OF HARVEY GORDON JOHNSTON, Deceased, (See Wilkes Estate File 17 E 503)
Under and by virtue of an Order entered in the above captioned Special Proceeding by the Honorable Julie Church, Assistant Clerk of Superior Court for Wilkes County, North Carolina, filed on May 24, 2019, the undersigned Commissioner, by and through Great State Auction Company and, in particular, Randall Woodruff, will on June 28, 2019, at 11:00 a.m. on the grounds of the said real property, specifically 1706 Fairplains Road, North Wilkesboro Township, Wilkes County, North Carolina, offer for sale to the highest bidder for cash (or certified bank check), that parcel lying in North Wilkesboro Township, Wilkes County, North Carolina, more particularly described as follows:
Beginning on a stone on the West side of a road; running West 77 degrees South, C.E. Johnson’s and W.S. Grider’s line, to a stone, thence North with W.S. Grider’s line, 60 feet to a stone, thence East 77 degrees North to the bank of the road, thence South and with the road, 60 feet to the beginning corner.
See Book 274, Page 58, Wilkes County Registry - Parcel ID 1404220, which said description is incorporated herein by reference.
SAVE AND EXCEPT all out conveyances, specifically see Volume 662, Page 631, WCR and Book 802, Page 451, WCR.
NOTE: According to the Wilkes County Tax Office, Harvey Gordon Johnston’s property, Parcel ID 1404220, consists of total acreage of .27 acres. It is the intent of Petitioner herein to sell all of the real property which Harvey Gordon Johnston owned at the time of his death which, to the best understanding of the Petitioner, is that .27 acre tract, Parcel ID 1404220.
See Book 274, Page 58, WCR
The property will be sold at public auction, subject to the following conditions:
1. The property shall be sold “AS IS, WHERE IS.” The undersigned 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 said property, and any and all responsibilities or liabilities arising out of or in any way relating to any such condition are expressly disclaimed. This sale will be made subject to all rights-of-way, easements, prior liens and judgments of record, and to all unpaid taxes and special assessments, if any.
2. 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%) of the final 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 the 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.
3. The successful bidder shall be required to make a cash deposit at the time of sale in the amount of 10% of the highest bid. The 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. Additionally, the successful bidder shall be required to tender the full ten percent (10%) buyer’s premium to Great State Auction and, specifically, Randall Woodruff, in cash or certified check at or before 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.
4. This sale shall be held open for upset bids as by law provided.
5. This sale is made pursuant to Chapter 1, Article 29A of the North Carolina General Statutes.
The successful bidder’s inability to secure a loan for the balance of the sale proceeds is not a lawful excuse to void the sale/purchase.
This the __ day of May, 2019.
Dennis R. Joyce,
210 East Main Street
P.O. Box 834
Wilkesboro, North Carolina 28697