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WHEREAS, the Lee County Board of Commissioners authorizes staff to advertise the <br /> initial offer in any higher, upsetting offer, subject to the upset bid procedure. <br /> NOW, THEREFORE, BE IT RESOLVED by the Lee County Board of Commissioners <br /> as follows: <br /> 1. The Lee County Board of Commissioners authorizes the sale of the property described <br /> above through the upset bid procedure of North Carolina General Statute §160A-269. <br /> 2. The County Clerk shall cause a notice of the proposed sale to be published. The <br /> notice shall contain a general description of the property, the amount and terms of the <br /> offer, and a notice that within 10 days any person may raise the bid by not less than ten <br /> percent (10%) of the first one thousand dollars ($1,000) and five percent (5%) of the <br /> remainder. <br /> 3. Persons wishing to upset the offer that has been received shall submit a bid with their <br /> offer to the County Attorney's Office within 10 days after the notice of sale is published. <br /> The upset bid should be delivered to the County Attorney's Office located at 408 Summit <br /> Drive, Sanford NC 27330, on or before 5:00 p.m. on or before the 10th day following <br /> publication of said notice. Use of the mail or any means of delivery is at the bidder's risk <br /> and any bids received after the deadline will not be considered. Any bid with conditions <br /> or terms will not be accepted or considered. <br /> 4. If there is more than one bid in the highest amount, the first such bid received will <br /> become the new offer. <br /> 5. A qualifying higher bid is one that raises the existing offer by not less than 10 percent <br /> (10%) of the first $1,000 of that offer and 5 percent (5%) of the remainder of that offer. <br /> 6. A qualifying higher bid must also be accompanied by a deposit in the amount of 5 <br /> percent (5%) of the bid and accompanying $250.00 for advertising costs. This amount <br /> may be made in cash, cashier's check, or certified check. <br /> 7. The County will return the deposit and advertising costs on any bid not accepted, and <br /> will return the deposit on an offer subject to upset if a qualifying higher bid is received; <br /> however, once the actual advertising costs are incurred, those become non-refundable. <br /> 8. If a qualifying higher bid is received, the County Clerk shall cause a new notice of <br /> upset bid to be published, and shall continue to do so until a 10-day period has passed <br /> without any qualifying upset bid having been received. <br /> 9. The terms of the final sale are as follows: <br /> a. The buyer must pay with cash, cashier's check or certified check at the <br /> time of closing. <br /> b. The property is sold ``as is" with no conditions placed on the bid. <br />