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NORTH
CAROLINA
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
WILKES COUNTY
BEFORE THE CLERK
112 SP 137
IN THE MATTER OF THE ESTATE
OF
NOTICE OF SALE
LOIS LOWMAN, Deceased
(See Wilkes Estate File 08 E 361)
______________________________________________________________________________
Under and by virtue of an Order entered in the above
captioned Special Proceeding on June 27, 2012, 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,
August 17, 2012 at 1:00 p.m. on the grounds of the said real property,
specifically 647 South Hwy 18, Moravian Falls, Wilkes County, North
Carolina, offer for sale to the highest bidder for cash, that parcel
lying in Moravian Falls Township, Wilkes County, North Carolina, more
particularly described as follows:
BEGINNING at an iron stake within the Southern right of way of N.C.
Highway 18, said point being the Northeastern corner of the Richard
Billings tract as recorded in Book 565, Page 115, Wilkes County
Registry; and running from the Beginning with the southern right of way
of N.C. Highway 18 North 78˚ 15’ 37” East 90 feet to an iron stake, the
Northwestern corner of Lot 2; thence South 11˚ 44’ 23” East
186.81 feet to an iron stake, the Southwestern corner of Lot 2; thence
South 78˚ 15’ 37” West 108.01 feet to a monument, the Northwestern
corner of Lot 6; thence with the Richard Billings line, North 6˚ 14’
01” West 187.67 feet to an iron stake, and being all of Lot 1 of the
subdivision known as Moravian Knob as shown and described on a plat
thereof, said plat being recorded in Map Book 8, Page 144, Wilkes
County Registry, reference to which plat is hereby made for a more full
and complete description.
The above described property is conveyed and accepted subject to a
right of way in favor of Duke Power Company dated September 6, 1977,
and recorded in Book 577, Page 319, Wilkes County Registry; a right of
way in favor of the N.C. State Highway Commission for N.C. Highway 18
(100 feet) and for SR 1108 (60 feet); a six inch water line as shown on
the plat of Moravian Knob in Map Book 8, Page 144; and further being
subject to the easements and rights of way as set forth on the plat of
Moravian Knob in Map Book 8, Page 144, as surveyed by Jerry R. Lackey,
R.L.S. (L-1430); and further being subject to all public utility and
state highway commission easements of record.
See Volume 609, Page 709, WCR.
Parcel ID # 1101162
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, 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 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 10 day of June, 2012.
Dennis R. Joyce, Commissioner
P.O. Box 834
Wilkesboro, North Carolina 28697
336-667-4111
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