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Older Mobile Home on Small Lot
889 Byrd Ridge Road North Wilkesboro, NC 28659
(Fairplains Community Just Off NC HWY 18 North)
Friday, May 17 ,2013
At 1 PM (On-Site)
High Bid - $7,550.00
Last Day To Upset is
June 3rd, 2013
Judicial Sale Procedure for Billy Virgil Lineberry Estate
by Attorney Dennis R. Joyce, Commissioner
W Randall Woodruff, Broker/Auctioneer, Agent
10% Buyers Premium Applies to Purchase
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Property Description: This
older mobile home and lot is located near Peace Haven Baptist Church
and Ebenezer Christian Children's Home. This home predates Underwriters
Laboratories Building Code, has been vacant for some time. The
home is still in good solid condition, and doesn't leak except for a
small area at the front door. The lot consist of slightly more than 1/3
acre and the entire property will have to be brought up to code and be
repermitted before occupancy. Wilkes
County Tax Information System
(GIS) Parcel
ID#1404063.Current Tax Value (01/01/13) $11,160.00. C-ya on the 17th @ 1PM!!
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Directions:
From North Wilkesboro
take NC Hwy 18 North to Byrd Ridge Rd on Left (accross from Mt. Lawn
Cemetery) and turn onto Byrd Ridge Rd for approx. 1/2 mile to sale site
on left.
Watch for Direction
Signs
Call 336-957-0926 if you get
lost!
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Click Here for Color
Pictures
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TERMS AND CONDITIONS OF JUDICIAL SALE ARE AS FOLLOWS:
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NORTH
CAROLINA
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
WILKES COUNTY
BEFORE THE CLERK
12 SP 314
IN THE MATTER OF THE ESTATE
OF
NOTICE OF SALE
BILLY VIRGIL LINEBERRY, Deceased
(See Wilkes File 10 E 89)
______________________________________________________________________________
Under and by virtue of an Order entered in the above
captioned Special Proceeding on April 18, 2013 by the Honorable Julia
Byrd, Assistant Clerk of Superior Court for Wilkes County, North
Carolina, the undersigned Commissioner, by and through Great State
Auction Company and, in particular, Randall Woodruff, will on Friday,
May 17, 2013 at 1:00 p.m. on the grounds of the said real property,
specifically 889 Byrd Ridge Road, North Wilkesboro, 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 on Exhibit
“A” attached hereto.
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. 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.
Additionally, any 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.
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 ten percent (10%) 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 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.
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 18th day of April, 2013.
Dennis R. Joyce, Commissioner
210 East Main Street
P.O. Box 834
Wilkesboro, North Carolina 28697
Telephone: 336/667-4111
State Bar No: 5692
PUBLICATION DATES: 5/6/13; 5/13/13
Exhibit “A”
BEING all of that tract of land containing 0.35 acre, and being a
portion of the land described in Deed Book 168, Page 269, and a
portion of the land described in Deed Book 208, Page 310, and being
bounded by physical boundaries and/or lands owned by and/or in the
possession of persons as follows: on the north by Syble Byrd
(Deed Book 334, Page 067), and boundary line agreement in Deed Book
645, Page 974, on the east by Cecil Byrd (the remainder of Deed Book
168, Page 269), on the south by Cecil Byrd (the remainder of Deed Book
168, Page 269, and the remainder of Deed Book 208, Page 310), and on
the west by NCSR # 1532 (Byrd Ridge Road); and being more particularly
described by bearings rotated to the description in Deed Book 168, Page
269, and distances and angles measured with a Topcon GTS-10 in a survey
by Walter W. VanMeter, Registered Land Surveyor, L-2528, dated the 12th
day of November, 1986, as follows:
BEGINNING at a point in the center of the pavement of NCSR # 1532
(Byrd Ridge road), said point being approximately eight-tenths of a
mile from the intersection of NCSR # 1532 with NC Highway 18, and said
point also being South 55 degrees 38 minutes 15 seconds East 30.66 feet
from a one-half inch rebar found on the west bank of said road, and
running South 87 degrees 00 minutes00 seconds East 31.14 feet to a
newly set one-half inch rebar near a fence post; thence continuing
South 87 degrees 00 minutes 00 seconds East 124.22 feet for a total of
155.36 feet to a newly set one-half inch rebar near a cedar tree;
thence South 04 degrees 20 minutes 15 seconds West 85.76 feet to
a newly set one-half inch rebar; thence South 88 degrees 07 minutes 13
seconds West 145.54 feet to a newly set one-half inch rebar; thence
continuing South 88 degrees 07 minutes 13 seconds West 29.75 feet for a
total of 175.29 feet to a point in the center of the pavement of NCSR
#1532, said point being South 67 degrees 06 minutes 53 seconds East
29.85 feet from a one and one-fourth inch existing iron pipe on the
west bank of said road; thence with the center of the pavement of NCSR
# 1532 the following five courses: (1) North 10 degrees 58
minutes 46 seconds East 17.83 feet; (2) North 12 degrees 55 minutes 10
seconds East 18.70 feet; (3) North 14 degrees 57 minutes 52 seconds
East 26.13 feet; (4) North 17 degrees 02 minutes 37 seconds East 27.02
feet; and (5) North 18 degrees 49 minutes 39 seconds East 13.31 feet to
the BEGINNING, containing 0.35 acre.
See Volume 0646, Page 349, WCR.
See Book 664, Page 668, WCR.
Parcel ID # 1404063
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