Commissioner's Sale - Brick Home with 21 Acres
Live Onsite Auction

Commissioner's Sale

Real Estate Auction

Brick Home with 21 Acres

Live Onsite

Saturday, May 13 at 10:00am

1029 Ebenezer Church Road, Elkin, NC 28621


Brick Home
3 Bedrooms
(12.4x10.3 with 3 closets, carpeted floor, 11.4x13.9 with 2 closets, carpeted floor, private bath with shower, 13.4x12.2 with 1 closet)
1 Bath in the hallway, 1 Bath at the end of the utility area near the garage
Kitchen (28x11.4 including a breakfast nook and den with fireplace. The den area has hardwood floor and paneled walls)
Living Room (13.5x15.5 plus 10.5x8.5 dining area in one large, carpeted room)
Utility area is in the hall running from the kitchen to the garage (5.4x21 with a washer/dryer connection)
There is an entrance foyer from a covered front porch
Shingle Roof
Unfinished basement with concrete floors and block walls
Basement has a fireplace, garage door and walk-in door
Thermopride oil furnace with air conditioning
Drive-in, attached 2-car garage with a Chamberlain opener
Drive is paved with a brick walk to the front door
Large shade trees around the home
Electricity by Surry Yadkin; Telephone is Surry
21 Acres
Land is open and wooded
Rolling land with open pasture and mature trees
Brendle Branch runs through the land
Fronts Ebenezer Church Road
Borders the west side of I-77
Some barb wire fencing and gates
Abandoned house on the land
Land was surveyed in 1977 by Blue Ridge Surveying. Map is recorded at Plat Book 8, Page 124, Surry County, NC
Map, Taxes & Deed Plat Information can be found under the Documents tab
Property will be offered in tracts from 3/4 an acre to 16 acres and will be offered in combinations


For an appointment to see the property, contact Mark Rogers at (336) 409-2272


10% Buyer's Premium

10% deposit by high bidder due immediately following the auction 

Subject to the NC Judicial Sales Act and 10-day upset bid period

Final sale is subject to approval of the Clerk of Court for Surry County, NC

Must close within 30 days after court confirmation

Sells AS-IS

Broker Participation Invited


Joseph H. Williams, Lowe & Williams, Commissioner

B. Mark Rogers, Auctioneer/Sale Manager

NCAL #685

Real Estate - Live onsite auction

AS IS: The real property will be offered at public auction with live bidding onsite. All improvements, buildings, sheds, structures, etc., sell with the property. The property and all improvements, if any, will be sold on an AS-IS, WHERE IS, WITH ALL FAULTS, conditions, defects, or flaws. The buyer agrees to take the property in the condition existing. No representations or warranties, expressed or implied, concerning the property are made by neither the sellers nor the seller's agents. Descriptions of the improvements and property are believed to be correct but are not guaranteed. You are encouraged to conduct your inspections and due diligence prior to bidding and buying at the auction.

METHOD OF SALE:  The property will be sold by the legal description. The property will be offered in tracts from 3/4 an acre to 16 acres and will be offered in combinations. The auction company has the sole discretion to determine the combinations and tracts. The property is being sold subject to the NC Judicial Sales Act and upset bids.  All bids are left open for upset bids for a period of 10 days. Upset bids can be made at the office of the Surry County Clerk of Court in Dobson, NC. The final sale is subject to approval by the Clerk of Superior Court.

DEED: Commissioner's deed

EASEMENTS and RIGHT OF WAYS: The real estate is being sold subject to any and all easements or right of ways. Lease payments or rents, if any, will be pro-rated at closing.

ALLOTMENTS and MINERAL RIGHTS: Crop allotments, mineral rights, timber rights, water rights, if any, will transfer with the deed or title.

HOA, POA, and RESTRICTIVE COVENANTS:  The real property is being sold subject to restrictive covenants and homeowner's association rules, regulations and dues and county zoning, if any.

SURVEY:  The property will be sold subject to an existing survey, if any or the existing legal description.

PERK TEST: Perk test are the responsibility of the buyer and the contract is not contingent upon the soil having a satisfactory perk.

FINANCING: The sale is not subject to financing. Failure to close for ANY REASON WHAT SO EVER will result in the forfeiture of the deposit. NO EXCEPTIONS.

DEPOSIT REQUIRED AT AUCTION: Terms are for a deposit of 10% of the purchase price payable by the high bidder immediately following the auction in cash, cashier's check or a check with a bank letter guaranteeing funds.

PURCHASE CONTRACT: Buyer will be required to execute a Real Property Auction Purchase and Sale Contract on site and submit their deposit.

NO CONTINGENCIES: The purchase and sale contract is not subject to any buyer contingencies for financing, appraisal, surveys, inspection or any other contingencies.

AGENCY: Buyer will be asked to sign an agency disclosure form. Rogers' agents represent the seller and the seller's interest in the transaction.

ENVIRONMENTAL:  There are not any environmental studies, phase 1, phase 2, or phase 3 studies for review. There are not any soil or water studies for review.

PERSONAL PROPERTY: There is no personal property or merchandise being transferred with the real property of value.

CLOSING: Closing is to take place within 30 days after court confirmation. TIME IS OF THE ESSENCE. All closing costs for the benefit of the buyer such as appraisals, surveys, loan applications, inspections, title searches, title insurance, etc. are the responsibility of the buyer. The seller is not paying for any of the buyers closing costs. The deed paid for by the sellers, the deed stamps paid by the sellers, and recording fees to be paid by the buyers. Real estate taxes are pro-rated at closing.

BUYER'S PREMIUM: A buyer's premium of 10% is added to the last and highest bid to determine the contract purchase price. For example, if the high bid is $100,000.00, a buyer's premium of $10,000.00 is added and the purchase price would be $110,000.00

POSSESSION: Possession will be given at closing, subject to existing leases, if any.

ABSOLUTE/RESERVE: This auction is conducted subject to the NC Judicial Sales Act and upset bids. All bids are left open for upset bids for a period of 10 days. Upset bids can be made at the office of the Surry County Clerk of Court in Dobson, NC. The final sale is subject to approval by the Clerk of Superior Court.

BID RIGGING: Bid rigging is a felony. Any attempt by bidders to chill the bid, agree with other bidders not to bid to attempt to lower the price is bid rigging. Anyone suspected of bid rigging will be asked to leave the auction site.

DISPUTED BIDS AND INCREMENTS: In case of a dispute over who is the high bidder, the auctioneer has the sole discretion to determine the high bidder. The auctioneer has the sole discretion to determine the live auction bidding increments.  

It is the duty of the bidder to present their bid to the auctioneer and not that of auction support staff, auction ringmen, auction bid assistants, or the auctioneer.

Auctioneer reserves the right to refuse to register any prospective bidder for any reason, or to require a cash deposit from a prospective bidder of an amount designated by Auctioneer and paid in advance by the prospective bidder to Auctioneer. Such deposit will be applied to any purchases made at the auction by the prospective bidder. At the end of the auction, Auctioneer will refund any portion of this deposit that has not been applied to purchases. Furthermore, Auctioneer will require the removal of any person from the auction site for any reason including, but not limited to: (1) tampering with auction lots; (2) any illegal conduct including collusive bidding or stealing; (3) disruptive behavior; (4) failure to abide by these terms; and (5) intoxication. Bidder agrees to leave the auction site immediately and quietly upon request by Auctioneer. Any act of theft, vandalism or disruption will be prosecuted to the fullest extent of the laws.

DEFAULT BY HIGH BIDDER/BUYER: In the event of a default by the bidder/buyer the seller may resale the property to another bidder/buyer and in the event the property sells for less money than the original price the seller may seek the difference from the original bidder/buyer. The seller may have other rights to pursue damages or costs from the defaulted bidder/buyer as allowed by law.

The bidder agrees to all terms and conditions of the auction and should read the detailed terms.

NC Firm #685, VA Firm #2, SC Firm # 1874

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This form is for Auction or Real Estate Inquiries. Completion of this form will not register you for this auction.