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 Frame Home & 4 Acres

Judicial Sale Procedure

751 Mt. View Rd.

N. Wilkesboro, NC 28659

  Timothy B. Joines Administrator and Attorney

W. Randall Woodruff, Broker/ Auctioneer

Call for an Appointment (957-0926)

Friday, April 27th, 2018

at 1:00 PM

  (5% Buyers Premium)


Auctioneers Note: Large Older frame home privately situated on 4+ nice acres. This home consists of approximately 1050 sq. ft.+/-, includes extremely large eat-in kitchen, living room, 3 bedrooms, 1 Bath and an enclosed double garage.  This is an older home that needs interior updating.   There is a 30x30 ft. Garage/Workshop building in excellent condition. Wilkes County tax value is $99,190.00. Wilkes County Parcel #1402699
Directions: Take NC HWY 18N out of N. Wilkesboro 2 1/2 miles to Mtn. View Rd. (Stop Light at Just Save).  Turn Right on Mtn. View Rd. going approx. 1/2 miles to subject property on left.

Watch for Direction Signs                                                                           Call 336-957-0926 if you get lost!
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STATE OF NORTH CAROLINA                   
                                                            IN THE GENERAL COURT OF JUSTICE
                                                                    SUPERIOR COURT DIVISION
                                                                        COUNTY OF WILKES
COUNTY OF WILKES                                         BEFORE THE CLERK
                                                                              2018 SP 60

IN THE ESTATE OF:               
BETTY T. SWARINGEN,                                     NOTICE OF SALE

    UNDER AND BY VIRTUE of the authority contained in a certain Order entered by the Honorable Julie Church, Assistant Clerk of Superior Court for the County of Wilkes on the 23rd day of March 2018, in a special proceeding therein entitled In the Estate of Betty T. Swaringen, designated as 2018 SP 60, the undersigned Commissioner, by and through Great State Auction Company and, in particular, Randall Woodruff, will on April 27, 2018 at 1:00 p.m. on the grounds of the real estate being offered for sale, specifically, 751 Mtn. View Road, North Wilkesboro, North Carolina, offer for sale to the highest bidder for cash, as follows:
Parcel 1: Tax Identification Number 1402699 – North Wilkesboro Township – Wilkes County

BEGINNING on an iron stake in the edge of the right-of-way and 30 feet from the center line of North Wilkesboro-Traphill Road, Gambill and Blevins corner, and runs North 5° 15’ East 297.75 feet to an iron stake, a new corner; thence North 80° 30’ East 251.80 feet to an iron stake in Roger Trivette’s line; thence South 10° East 538.04 feet to a stake in the edge of the right-of-way of North Wilkesboro-Traphill Road; thence North 67° West with said right-of-way 410 feet to the point of beginning, containing 3 acres, more or less.

Being a portion of the tract of land conveyed by J. O. Wood et al to C. C. Smoot and wife, Thelma Smoot by deed recorded in Book 203, Page 628, Wilkes County Registry.

For further reference, see deed recorded in Book 441, Page 513, Wilkes County Registry.

Parcel 2: Tax Identification Number 1403755 – North Wilkesboro Township – Wilkes County

BEGINNING on an iron found in place, said iron being Walter Lee Swaringen’s NE corner in Roger Trivette’s line, thence running with Trivette’s line North 6° 15’ 52” West 221.23 feet to an iron set in said line; thence running North 6° 15’ 52” West 190.76 feet to an iron found in place at a fence corner post, said iron being Roger Trivette’s NW corner and Walter Simpson’s NE corner; thence running with Bill Trivette’s line North 84° 37’ 57” West 147.55 feet to an iron found in place in the fence, said iron being Walter Simpson’s NW corner and Michael Davidson’s NE corner; thence running with the East line of said Davidson’s property South 9° 37’ 15” West 241.06 feet to an iron set in said line; thence a new line North 89° 39’ 00” East 194.79 feet to an iron set, a new corner; thence South 6° 15’ 52” East 219.75 feet to an iron set in the Swaringen-Simpson line; thence with said line North 85° 57’ 43” East 16.00 feet to the beginning, containing 0.949 acre, more or less.

Surveyed and calculated by John S. Steele, RLS, L-1474.

For further reference, see deed recorded in Book 618, Page 320, Wilkes County Registry.

Parcel 3: Tax Identification Number 1403921 – North Wilkesboro Township – Wilkes County

BEGINNING on an iron, said iron being the Southeast corner of Mrs. Lorene Simpson’s 1.072 acre tract, and thence running with her line South 85° 57’ 43” West 30.07 feet to an iron; thence running a new line North 6° 15’ 52” West 216.96 feet to an iron in Mrs. Lorene Simpson’s North line of her 1.072 acre tract; thence running with said old line North 89° 39’ East 30.05 feet to an iron found in place, Simpson’s old Northeast corner; thence running South 6° 15’ 52” East 219.75 feet to the beginning, containing 0.150 acre, more or less. This land is located on the Eastern side of the Lorene Brown Simpson property identified ion Book 493, Page 522; adjacent to the Walter Lee Swaringen property identified in Deed Book 441, Page 513; and not adjacent to, but to the east of the Fairmont Subdivision Property shown in Map Book 4, Page 2.

For further reference, see deed recorded in Book 635 at Page 304, 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 five percent (5%) 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 five percent (5%) 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 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 sales proceeds is not an excuse to void the sale/purchase.
This the 5th day of April 2018.
                        JOINES & JAMES, P.L.L.C.

                        By: _____________________________________
                              Timothy B. Joines, Commissioner
                              N.C. State Bar Number 18250
                              115 East Main Street 
                              Wilkesboro, NC 28697
                              Telephone: (336) 838-2701
                              Facsimile: (336) 838-9661

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