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STATE
OF NORTH
CAROLINA
IN THE GENERAL COURT OF JUSTICE
COUNTY OF
WILKES
SUPERIOR COURT DIVISION
BEFORE THE CLERK
2011 SP 203
LISA McDANIEL TALBERT and
husband, WILLIAM H. TALBERT, JR.,
Petitioners
vs.
NOTICE OF SALE
JOAN W.
McDANIEL,
Respondent
UNDER AND BY VIRTUE of the authority contained in a certain Order
entered by the Honorable Julia Byrd, Assistant Clerk of Superior Court
for the County of Wilkes on the 1st day of December, 2011, in a special
proceeding therein entitled Lisa McDaniel Talbert and husband, William
H. Talbert, Jr., Petitioners vs. Joan W. McDaniel, Respondent,
designated as 2011 SP 203, the undersigned Co-Commissioners, by and
through Great State Auction Company and, in particular, Randall
Woodruff, will on Saturday, February 11, 2012, at 11:00 a.m. on the
grounds of the said real property, specifically, 231 E. Old 421-A,
Roaring River, North Carolina, offer for sale to the highest bidder for
cash, that certain tract or parcel of land located in Antioch Township,
Wilkes County, North Carolina, and more particularly described as
follows:
BEGINNING on a p.k. nail in the center of SR 2345 (Old 421), said p.k.
nail being located North 60º 57’ 16” West 352.12 feet from USGS
monument JOHNSON; thence with the center of the state road South 75º
00’ 26” West 20.00 feet to a p.k. nail found in place, the southwest
corner of the Bobby and Joan McDaniel tract recorded in Book 468, Page
193; thence leaving the road North 06º 55’ 16” West passing through an
existing iron at 407.97 feet for a total distance of 482.87 feet to an
iron; thence North 83º 16’ 04” East 403.77 feet to an iron; thence
South 05º 40’ 10” West 141.18 feet to an iron; thence South 59º 37’ 31”
West 390.54 feet to an iron; thence South 08º 29’ 29” East 185.58 feet
to the point of BEGINNING, containing 2.00 acres, by coordinate
computation, less right-of-way for State Road 2345. Actual field survey
done under the direction of Richard C. Current, RLS (L-756).
For reference, see Deed Book 0732, Page 591; Book 468, Page 193; Book
423, Page 171 and Book 418, Page 21, 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
co-commissioners make 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 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 co-commissioners tender, or attempt 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 co-commissioners. 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 co-commissioners 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 _______ day of January, 2012.
JOINES
& JAMES,
P.L.L.C.
ELLIOT PISHKO MORGAN, P.A.
By:
Timothy B. Joines,
Co-Commissioner
By: David C. Pishko, Co-Commissioner
N.C.
State Bar Number
18250
N.C. State Bar Number 7969
115East
Main
Street
426 Old Salem Road
Wilkesboro,
NC
28697
Winston-Salem, NC 27101
Telephone: (336)
838-2701
Telephone: (336) 724-2828
Facsimile:
(336)
838-9661
Facsimile: (336) 724-3335
E-mail:
tim@joinesandjames.com
E-mail: dcpishko@epmlaw.com
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