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NOTICE OF SPECIAL REFEREE SALE
CIVIL ACTION NUMBER 2006-CP-19-117


web posted May 21, 2007
BY VIRTUE OF A DECREE of the Court of Common Pleas for Edgefield County, South Carolina, heretofore issued in the case of SunTrust Bank against, Ridge Tractor, Inc., Robert L. Smith, Ronda K. Yonce, GrandSouth Bank, Carolina First Bank, Wells Fargo Bank, South Carolina Department of Health and Environmental Control, BB&T by its Recovery Department and Havird Oil Co., Inc., I, the undersigned, as Special Referee for Edgefield County, will sell on, June 4, 2007, at 11:00 a.m., at the Edgefield County Courthouse in Edgefield, South Carolina, to the highest bidder:

Legal Description:

TRACT #1: All that piece, parcel or tract of land, with all improvements thereon, in Edgefield County, S.C., containing 6.81 gross acres, more or less, as shown by plat made by C. Ashley Abel, RLS, dated May 9, 1990, recorded in Plat Book 31, at page 109, in the Office of the Clerk of Court for Edgefield County, S.C.; said lands bounded on the North by lands now or formerly of Mike Saye, d/b/a Carolina Machine Co.; East by right-of-way of SC Highway # 121 (Lee Street); South by lands now or formerly of Mary J. Bledsoe; and West by right-of-way of Highway S 19-58.

This is a portion of the property conveyed to Robert L. Smith by Cecil C. Yonce, Jr., by Deed dated July 26, 1989, recorded in Deed Book 122, at page 133 in the Office of the Clerk of Court for Edgefield County, S.C. TM # 181-00-00-033. 

TRACT #2:  All that piece, parcel or lot of land, with all improvements thereon, in Edgefield County, S.C., containing 0.92 acres, more or less, as shown on a plat made by C. Ashley Abel, RLS, dated June 16, 1964, recorded in Plat Book 14, at page 94, in the Office of the Clerk of Court for Edgefield County, S.C.; said lot bounded on the Northeast by lands now or formerly of Charles Lucas and lands no or formerly of J.L. “Doc” Clark; Southeast by lands of William Gibson; Southwest by lands now or formerly of J.L. “Doc” Clark; and Northwest by right-of-way of SC Highway #121.

This is the identical property conveyed to Robert L. (Buddy) Smith by Luther W. Moseley by Deed recorded in Deed Book 119, at page 29, in the Office of the Clerk of Court for Edgefield County, S.C. TM # 181-00-00-045.

TRACT #3:  All that piece, parcel or lot of land, in Edgefield County, S.C., containing 37 acres, more or less, bounded now or formerly as follows:  North by right-of-way of Highway #239; East by Southern Railroad; South by lands of Bruelle T. Yonce; and West by lands of Willie R. Simpkins, Melvin Dukes, Samuel and Sophia Webb, and Fred and May Griffith, et al. 

This is the identical property conveyed to Robert L. Smith, Jr. by Cecil Yonce, Jr. and Ann Yonce, by Deed recorded in Deed Book 139, at page 216, in the Office of the Clerk of Court for Edgefield County, S.C.  TM # 171-00-00-040.

TRACT #4:  All that piece, parcel or tract of land in Edgefield County, S.C., containing 19.51 acres, more or less, bounded now or formerly as follows:  North by lands of Margaret Silk, et al.; East by lands of Emma Franklin and lands of Heyward D. and Sylvia Thomas; South by lands of Emma Franklin; and West by lands of Emma Franklin and lands of John Boatwright. 

This is a portion of the property conveyed to Buddy Smith by Dan Michael Herlong, by Deed recorded in Deed Book 118, at page 136, in the Office of the Clerk of Court for Edgefield County, S.C.  TM # 192-00-00-016.

TRACT #5:  All that piece, parcel or tract of land, with all improvements thereon, in the Town of Johnston, County of Edgefield, S.C., containing approximately 2.27 acres, more or less; said lands bounded on the North by lands of Gary Doran, lands of Mary Alice Rolland and lands of Nathaniel Jackson; East by lands of Rosa Lou Whilhite; South by Cardinal Street and West by Lee Street.

This is the identical property conveyed to Robert L. Smith, Jr. by Lon J. Enterprises, Inc., by Deed recorded in Book 580, at page 303, in the Office of the Clerk of Court for Edgefield County, S.C.  TM # 180-16-03-003.

TERMS OF SALE:  For cash. The purchaser to pay for papers and stamps, and the successful bidder, other than the Plaintiff  herein, does, upon the acceptance of his or her bid, deposit with the Special Referee for Edgefield County, a certified check or cash in the amount equal to five percent (5%) of the amount bid on said premises at the sale as evidence of good faith in bidding, subject to any resale of said premises under Order of this Court; and in the event the said purchaser or purchasers should fail to comply with the terms of sale within twenty days, the Special Referee shall forthwith resell the said property, after the due notice and advertisement, and shall continue to sell the same each subsequent sales day until a purchaser who shall comply with the terms of sale shall be obtained, such sales to be made at the risk of the former purchaser.  In the event said purchaser fails to make said 5% deposit by 1:00 p.m. on the date of the sale, the Special Referee shall re-sell the mortgaged premises on the same sales date at 1:00 p.m., upon the same terms and conditions.  The successful bidder will be required to pay interest on the amount of the bid from date of sale to date of compliance with the bid at the Judgment rate of interest of 9.5% per annum as specified in the Order.  Purchaser is to pay for Deed Stamps and cost of recording the Deed.
Deficiency Judgment is demanded.  The Plaintiff reserves the right to waive deficiency prior to sale.
 
If the Plaintiff or the Plaintiff’s representative does not appear at the scheduled sale of the above-referenced property, then the sale of the property will be null, void and of no force and effect. In such event, the sale will be rescheduled for the next available sales day.
SUBJECT TO ASSESSMENTS, TAXES, EXISTING EASEMENTS, EASEMENTS AND RESTRICTIONS OF RECORD, AND OTHER SENIOR ENCUMBRANCES.



KATHY O. RUSHTON.
SPECIAL REFEREE
EDGEFIELD COUNTY



Saluda, South Carolina

May _____, 2007.

HULL, TOWILL, NORMAN,
BARRETT & SALLEY, P.C.
111 Park Ave., S.W.
Aiken, SC 29801
(803) 648-4213
Attorneys for the Plaintiff

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