HomeMy WebLinkAboutSW6220601_Property Deed_20220629B3997 - P 916
HARNETT COUNTY TAX ID #
039597 0091 14
06-11-2021 BY: SB
Stamps: $ 1,5041 C0
Prepared by Eddie S. Winstead, III, — Mail to Grantee
NORTH CAROLINA
HARNETT COUNTY
For Registration Matthew S, Willis
Register of Deeds
Harnett County, NC
Electronically Recorded
2021 Jun 11 12:50 PM NG Rev Stamp: $ 154,00
Book: 3997 Page:916 - 919 Fee: $ 34.00
Instrument Number: 2021013469
COMMISSIONER'S DEED
PIN - 9596-59-0187.000
THIS COMMISSIONER'S DEED, made this eday a une 2021, by and between
EDDIE S. WINSTEAD III and DEIRDRE STEPRENSO ommissioners of Superior Court
4 � P
Proceeding 17 CVS 488 hereinafter mentioned of Harnett County, North Carolina (hereinafter
called "Grantor"); and STANLEY FAIRCLOTH and ELVIS FAIRCLOTH P.O. Box 1310,*
Broadway, NC 27505 (hereinafter called "Grantee");
WITNESSETH:
WHEREAS, Rondell Glenn Phillips, as Petitioner, petitioned the Court to revise the Last
Will and Testament of Davie L. Phillips, late of Harnett County, naming Roger Andrew Phillips,
Executor of the Estate of Davie L. Phillips; together with Roger Andrew Phillips, Individually;
Wanda Phillips Roberts; David Lane Phillips; Sandra Lavanta Phillips Ikner; Rondell Glenn
Phillips; Jonathan Darren Roberts; Celena Roberts Wheeler; Tara Renee Phillips; Allen Craig
Ikner; Simon Bradley Phillips; Gabriel Ivan Phillips; Shane Phillips; Travis Roberts; Austin
Roberts; and Krystal Allen; Respondents; and David McRae, Attorney at Law, Guardian ad Litem
for the Unborn Great -Grandchildren of Davie L. Phillips as Respondents; and
WHEREAS, the Court reformed Article the Third of the Last Will and Testament of Davie
L. Phillips so as to declare the potential interest(s) of the unborn great-grandchildren of Davie L.
Phillips to be invalid nonvested property interest(s) within the meaning of N.C.G.S. 41-45; and
WHEREAS, the Court reformed Article the Third of the Last Will and Testament of Davie
L. Phillips so as to permit the Petitioner and the Respondents to hire a surveyor to segregate the
house and five acres from the remainder of the property of Davie L. Phillips; said surveyor to be
paid by the Estate of Davie L. Phillips; and
WHEREAS, the Court reformed Article the Third of the Last Will and Testament of Davie
L. Phillips so.as to permit the Petitioner and the Respondents to hire an actuary to value the life
estates of the children and grandchildren of Davie L. Phillips, and the remainder interest(s) of the
great-grandchildren of Davie L. Phillips living at his death; said actuary to be paid by the Estate of
Davie L. Phillips; and
WHEREAS, the Court reformed Article the Third of the Last Will and Testament of Davie
L. Phillips so as to permit the Petitioner and the Respondents to sell the subject property, and to
submitted electronically by "Harrington Gilleland Winstead Feindel & Lucas, LLP"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Harnett county Register of Deeds.
B3997 - P 917
divide the net proceeds of sale among the Petitioners and the Respondents as their actuarial
interests are so valued; and
WHEREAS, the Court retained jurisdiction over the matter and ordered that the sale of
the property be by judicial sale; and
WHEREAS the Petitioner, Rondell Glenn Phillips, filed a Motion requesting that the Court
authorize a private sale of the 5-acre tract as such sale was in the best interests of the Petitioner and
Respondents; and
WHEREAS, the Court appointed Deirdre Stephenson as Guardian ad Litem for any minor
Grandchildren or Great Grandchildren of Davie L. Phillips; and
WHEREAS, said Petitioner caused to be served upon the Respondents the Motion to Sell
Property by Private Sale and a Notice of Hearing in Superior Court Proceeding 17 CVS 488 as by
law provided; and whereas, a hearing was held before the Honorable C. Winston Gilchrist,
Resident Superior Court Judge in Harnett County on April 1, 2021, as by law provided; and
WHEREAS, an Order was entered by the aforementioned Judge authorizing the sale of the
5-acre tract by private judicial sale; and
WHEREAS, Eddie S. Winstead, III, and Deirdre Stephenson were appointed in said Order
to serve as Commissioners to market and sell the 5-acre tract at private judicial sale; and
WHEREAS, the Stanley Faircloth and Elvis Faircloth offered to purchase the property
located at 1381 Micro Tower Road, Lillington, NC, for the sum of $77,000,00, that being the
appraised value of the property; and
WHEREAS a Report of the Sale of Real Property at Private Sale was filed and posted at the
Harnett County Courthouse in accordance with the applicable North Carolina General Statutes on
May 3, 2021; and
WHEREAS no upset bids were filed in the allotted statutory period; and
WHEREAS a Confirmation of Sale of Real Property at Private Sale authorizing the
Commissioners to proceed with the sale of said property in accordance with the terms of the
aforesaid Order allowing the sale was signed by the Clerk of Superior Court of Harnett County on
May 14, 2 02 1; and
WHEREAS said purchase price has been fully paid.
NOW, THEREFORE, the said Eddie S. Winstead, III, and Deirdre Stephenson acting as
Commissioners aforesaid, and in consideration of the premises and of the payment of the said
purchase price by the Grantee to him in hand paid, the receipt of which is hereby acknowledged,
has bargained and sold and by these presents does bargain, sell and convey unto the said Grantee,
B3997 - P 918
their successors, heirs and assigns forever, the land sold as aforesaid, the same lying and being
located in Barbecue Township,Hmw County, North Carolina,,more particularly described as
follows:
ALL OF LOT 1, a, containing 5.00 acres, as shown on the map entitled "D.
L. Phillips Heirs" by Melvin A. Graham, PLS, dated 02/23/2021, and recorded as
Map Number 2021-136, Harnett County Registry.
Subject to any prior encumbrances of record and to any unpaid ad valorem
taxes.
TO HAVE AND TO HOLD the within granted and transferred property, together with all
and singular rights and appurtenances thereof to the same, being, belonging or in any wise
appertaining to the proper use, benefit and behoof of the said Grantee, their successors, heirs and
assigns forever in fee simple, in as full and ample a manner as the said Commissioners has power
to convey the same.
IN TESTIMONY WHEREOF, the said Eddie S. Winstead, IIf, and Deirdre Stephenson,
acting as Commissioners as hereinafter stated, has hereunto set their hand and seal the day and year
first above written.
(SEAL)
Eddie S. Winstea
Commissioner
Commissioner
STATE OF NORTH CAROLINA
COUNTY OF J&L6 g-
(SEAL)
I, Gi� C �6/ Jj RmS , a Notary Public, do hereby certify that Eddie S. Winstead,
III, Commissi er, personally appeared before me this day and acknowledged the due execution of
the foregoing instrument.
Witness my hand and notarial seal this day of 1=4.�..R. , 2021.
Notary Piyic
My commission expires:
MARGARET E. WILUAMS
Notary Public
Hoke County, NO
B3997 - P 919
STATE OF NORTH CAROLINA
COUNTY OF
1, /n- i �I. i1 ; a Notary Public, do hereby certify that Deirdre Stephenson,
Commission personally appeared before me this day and acknowledged the due execution of the
foregoing instrument.
Witness my hand and notarial seal this day of , 2021.
My commission expires:
Notary.u,