Great State Auction Company

STATE OF NORTH CAROLINA                     IN THE GENERAL COURT OF JUSTICE
                                                                                                                       SUPERIOR COURT DIVISION
COUNTY OF WILKES                                                                                       BEFORE THE CLERK
                                                               2012 E 436

IN THE MATTER OF THE ESTATE OF:

KAY BROWN JOHNSON,                                    NOTICE OF SALE
                Deceased


   UNDER AND BY VIRTUE of the authority contained in the Last Will and Testament of Kay Brown Johnson probated on September 25, 2012 in the Office of the Clerk of Superior Court for Wilkes County and the undersigned having been appointed Administrator CTA, the undersigned by and through Great State Auction Company and, in particular, Randall Woodruff, will on June 2, 2017, at 1:00 p.m. at the Office of Great State Auction, located at 104 East Main Street, Wilkesboro, North Carolina, offer for sale to the highest bidder for cash, as follows:
(Tax Identification Number 12-03769)
A certain tract or parcel of land containing 80.22 acres, lying and being in Mulberry Township, Wilkes County, North Carolina being a portion of the land as conveyed to Kay Brown Johnson by deed recorded in Db. 1066, pg. 66, Wilkes County Registry (WCR). Bounded on the north and west by Charles Absher, on the east by Ricky Sloop, Lawrence Sloop, and Kay Brown Johnson, on the south by Kay Brown Johnson and Browntown Road, on the west by Mulberry Creek, Blaine S. & Leslie Calloway, Danny & Brenda Sebastian, and Charles Absher and being more particularly described by bearing rotated to Magnetic 1986 survey performed by John S. Steele, P.L.S. for Lawrence Warren Sloop as surveyed by Russell N. Vogel, P.L.S., L-3106 on January 15, 2010:

BEGINNING on an existing five-eighths inch re-bar, said re-bar being a common corner of the land as conveyed to Charles Absher by deed recorded in Db. 739, pg. 244 (WCR) and Danny & Brenda Sebastian by deed recorded in Db. 857, pg. 413 (WCR), said re-bar being located South 85° 50' 54" West 115.90 feet from an existing axle and running thence from the point of BEGINNING with said Absher's line North 42° 41' 24" East 723.43 feet to an existing five-eighths inch re-bar; thence North 54° 25' 12" East 99.12 feet to an existing five-eighths inch re-bar; thence South 84' 02' 32" East 793.51 feet to an existing five-eighths inch re-bar; thence continuing the same line South 84° 02' 32" East 30.02 feet to a thirteen (13) inch Black Gum, said Black Gum being a corner of the land as conveyed to Ricky Sloop by deed recorded in Db. 1107, pg. 14 (WCR); thence with said Ricky Sloop's line South 49' 25' 01" West 505.39 feet to an existing one half inch re-bar; thence South 05 ° 55' 32" West 297.20 feet to an existing one-half inch re-bar; thence North 85° 42' 42" East 433.28 feet to a Post Oak, said Post Oak being a corner of the land as conveyed to Lawrence Sloop by deed recorded in Db. 706, pg. 736 (WCR); thence with said Lawrence Sloop's line South 24' 34' 50" East 97.54 feet to a thirty (30) inch Oak; thence South 24° 34' 50" East 97.76 feet to an existing one-half inch re-bar; thence South 20° 51' 51" East 106.55 feet to an existing one half inch re-bar; thence South 20° 43' 32" East 106.46 feet to a six (6) inch Maple; thence South 02' 03' 56" East 30.00 feet to an existing one-half inch re-bar; thence continuing the same line South 02° 03' 56" East 442.36 feet to an existing one-half inch re-bar; thence South 86' 01' 15" West 119.48 feet to an existing one-half inch re-bar; thence South 10° 28' 57" West 200.67 feet to an existing one-half inch re-bar set on the bank of a branch; thence South 01° 16' 30" East 14.78 feet to a point in the center of said branch; thence with the center of said branch the following three (3) courses and distances: (1) South 26° 37' 25" East 65.59 feet, (2) South 61° 03' 58" East 33.89 feet, (3) South 25° 15' 01" East 83.14 feet to an existing one-half inch iron rod at the centerline intersection of said branch and an existing road known as Browntown Road - centerline 20' R/W; thence with the center of said road and said R/W the following fourteen (14) courses and distances: (1) South 60° 42' 59" West 25.22 feet, (2) South 33° 38' 19" West 66:60 feet, (3) South 21° 44' 22" West 91.76 feet, (4) South 35° 10' 32" West 69.27 feet, (5) South 43° 55' 35" West 111.56 feet, (6) South 46° 35' 23" West 192.71 feet, (7) South 41° 53' 05" West 125.73 feet, (8) South 28° 20' 27" West 70.34 feet, (9) South 31° 21' 03" West 48.72 feet, (10) continuing the same line South 31° 21' 03" West 115.84 feet, (11) South 29° 27' 03" West 210.05 feet, (12) South 38° 48' 34" West 170.38 feet, (13) South 70° 16' 29" West 191.64 feet, (14) South 53° 52' 23" West 137.14 feet to a nail set in the center of said road and said R/W; thence leaving said road and said R/W North 15° 38' 28" West 28.08 feet to a five-eighths inch re-bar set; thence continuing the same line North 15° 38' 28" West 646.92 feet to a five-eighths inch re-bar set; thence North 89° 53' 27" West 675.00 feet to five-eighths inch re-bar set at the head of a branch; thence with the center of said branch the following three courses and distances: (1) South 65° 11' 12" West 95.97 feet, (2) South 64° 02' 06" West 68.64 feet, (3) South 52° 08' 05" West 63.00 feet to a five-eighths inch re-bar set at the intersection of said branch and an existing soil road with a centerline 20' R/W; thence a new line leaving said branch and said road North 29° 11' 32" West 53.14 feet to a point in an existing soil road in the centerline at the end of a centerline twenty (20) feet wide right-of-way; thence continuing the same line leaving said right-of-way North 29° 11' 32" West 469.44 feet to an existing one-half inch re-bar in the southern line of the land as conveyed to Danny & Brenda Sebastian by deed recorded in Db. 857, pg. 413 (WCR); thence with said Sebastian's line North 57° 56' 45" East 98.23 feet to an existing one-half inch re-bar; thence North 61° 35' 12" East 101.25 feet to an existing one-half inch re-bar; thence North 68° 34' 21" East 45.63 feet to an existing one-half inch re-bar; thence North 77° 59' 14" East 100.08 feet to an existing one-half inch re-bar; thence North 76° 52' 35" East 102.10 feet to an existing one-half inch re-bar; thence North 76° 43' 31" East 100.51 feet to an existing one-half inch re-bar; thence North 71° 02' 18" East 101.01 feet to an existing one half inch re-bar; thence North 74° 39' 30" East 142.56 feet to a granite monument labeled 41294; thence North 74° 40' 55" East 59.41 feet to an existing one-half inch re-bar; thence North 37° 28' 52" East 522.94 feet; thence North 23° 13' 02" East 100.51 feet to a granite monument labeled 41293; thence continuing the same line North 23° 13' 02" East 524.93 feet to an existing axle; thence North 66° 18' 48" West 568.99 feet to the point of BEGINNING, containing 80.22 acres by coordinate geometry.
The purpose of this deed is to memorialize the new survey description on the public record for the remaining property owned by Kay Brown Johnson and further known as a Portion of Wilkes County Tax ID #1203769.

For further reference, see deed recorded in Db. 1113, pg. 396, Wilkes County Registry.

EXCEPTED FROM THE FOREGOING 80.22 ACRES IS THE FOLLOWING TRACT OF LAND: A certain tract or parcel of land containing 11.09 acres, lying and being in Mulberry Township, Wilkes County, North Carolina being a portion of the land as conveyed to Kay B. Johnson by deed recorded in Db. 1113, pg. 396, Wilkes County Registry (WCR). Bounded on the north by Danny & Brenda Sebastian, on the east by Kay B. Johnson, on the south by Ricky W. Sloop, on the west by Jeremy & Anna Cardwell, and being more particularly described by bearing rotated to Magnetic 1986 by survey performed by John S. Steele, P.L.S., for Lawrence Warren Sloop as surveyed and calculated by Russell N. Vogel, P.L.S., L-3106 on January 15, 2010 with map being revised on November 24, 2014.

For further reference, see deed recorded in Db. 1209, pg. 369, 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 Administrator CTA makes no
representations or warranties relating to the title, access, 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 10% 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 Administrator CTA 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.   The sale shall remain open for a period of ten (10) days for upset bids. Upset bids may be made at the Offices of Joines & James, P.L.L.C., 115 East Main Street, Wilkesboro, North Carolina, between the hours of 9:00 a.m. to 4:30 p.m. An upset bid must be a minimum of $750.00 or five percent (5%) of the outstanding bid, whichever is greater.
4.   Randall Woodruff of Great State Auction Company is the agent of the undersigned Administrator CTA. 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. 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 Administrator CTA in the sale of said property.
5.   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.