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4.22 Acres - Old Frame House - Barn
370 Frank Johnson Rd Roaring River, NC 28669
Judicial Sale Procedure for A. Burton Johnson Estate
by Attorney Dennis R. Joyce, Commissioner
W Randall Woodruff, Broker/Auctioneer, Agent
5% Buyers Premium Applies to Purchase
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Property Description: 4.22
Acres located off Old Hwy 60 in the Roaring River Area. Old Farmstead
consist of 2 story block Chicken house suitable only for storage,
pretty good old livestock/hay barn and real old 2 story frame farm
house currently being used for storage. Land is
cleared and lays well while having Good Southern Exposure and
view. Wilkes
County Tax Information System
(GIS) Parcel
ID#0100728.Current Tax Value (06/17/13) $27,480.00. C-ya on the 28th @ 2PM!!
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Directions:
From Roaring
River at Hwy 268 Turn South onto Red White and Blue Rd. Cross River To
Top of Hill and Turn Right (West) onto Old 60 and Drive Approx. 1
mile to sale site on left. From New Hwy 421 Take Exit 276 (Red White
And Blue Rd) Turn North drive Approx. 3 miles to Old 60 and Turn West
Approx. 1 mile to sale site.
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
13 SP 118
IN THE MATTER OF THE ESTATE
OF
NOTICE OF SALE
A. BURTON JOHNSON, Deceased
(See Wilkes File 11 E 155)
Under and by virtue of an Order entered in the above captioned Special
Proceeding on May 20, 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, June 28, 2013 at
2:00 p.m. on the grounds of the said real property, specifically 370
Frank Johnson Road, Roaring River, 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 five percent
(5) 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 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 23rd day of May, 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: 611912013,6/26/2013
EXHIBIT “A”
BEGINNING on an iron at the Brick Yard Branch and thence from said
beginning point North 76° 46’ East 320.08 feet to a point in the center
line of a drive and 20 foot right-of-way; thence running with the
center line of said 20-foot right-of-way North 13° 22’ East 149.11
feet; thence North 0° 35’ East 173.61 feet; thence North 4° 32’ 45”
East 91.82 feet to a point, said point being a new corner between
A. Burton Johnson and Glenda Johnson Shew; thence leaving said
right-of-way North 86° 22’ West 439.67 feet to a popular tree; thence
South 17° 30’ East 198 feet; thence South 2° 35’ East 255.5 feet;
thence South 10° 39’ East 65 feet to the point of BEGINNING, said tract
containing 4.22 acres, more or less.
The Grantor further conveys to the Grantee, his heris and/or successors
and assigns, an easement or right-of-way, which said easement of
right-of-way will be appurtenant to the above described land of the
Grantee. This said easement of right-of-way shall be 20 feet
wide, 10 feet on each side of the following described center
line: BEGINNING on a point in the center line of a 20-foot drive
leading from Old Highway 60 into the old Frank Johnson farm, said point
also being in the old Frank Johnson and Benton property line and
running with the center line of the said 20-foot right-of-way and drive
the following bearings and distances: South 4° 32’ 45” West 91.82
feet; South 0° 35’ West 173.61 feet; South 13° 22’ West 149.11 feet to
a point in the center line of the 20-foot right-of-way at the gate,
said point being a new corner between A. Burton Johnson and Glenda
Johnson Shew.
The above descriptions for the tract of land and right-of-way were
taken from a survey done by Tom Frazier, R.L.S. 1286, dated April 12,
1977.
See Deed Book 548, Page 457, Wilkes County Registry.
Parcel ID # 01-00728
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