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Pursuant to the power of sale contained in a Mortgage dated October 12,
2006, recorded among the Land Records of Baltimore City in Liber FMC No.
8750, folio 631; and a Purchase Money Mortgage dated April 27, 2006, and
recorded among the aforesaid Land Records in Liber 9328, folio 351,
default having occurred thereunder, the undersigned duly appointed
Assignees will offer for sale at public auction, at the Courthouse Door
of the Circuit Court for Baltimore City, Clarence M. Mitchell
Courthouse, 100 N. Calvert Street, Baltimore City, Maryland 21202 on
THURSDAY, SEPTEMBER 27, 2007
AT 10:00 A.M.
For administrative purposes, there will be multiple sales held at this
time, the order of the sales to be announced at the time of the sale.
ALL those lots of ground and the improvements thereon situate and lying
in Baltimore City, Maryland and described as follows:
PARCEL ONE:
BEGINNING FOR THE SAME on the south side of Harlem Avenue at
the distance of 155 feet westerly from the corner formed by the
intersection of the south side of Harlem Avenue and the west side of
Glenholden Avenue; which place of beginning is designated to be in the
center of a partition wall there situate; running thence westerly,
binding on the south side of Harlem Avenue, 15 feet to the east side of
Dukeland Avenue; thence running southerly, binding on the east side of
Dukeland Avenue, 70 feet to the north side of an alley 10 feet wide;
thence easterly binding on the north side of alley, with the use thereof
in common 15 feet to intersect a line drawn southerly parallel with
Glenholden Avenue, through the center of above mentioned partition wall;
thence northerly reversing the said line so drawn and binding thereon,
70 feet to the place of beginning. The improvements thereon being known
as No. 2747 Harlem Avenue, and is in fee simple.
PARCEL TWO:
BEGINNING FOR THE SAME on the West side of Mount Street at the
distance of 145 feet Northerly from the corner formed by the
intersection of the North side of Lexington Street and the West side of
Mount Street, which place of beginning is at the center of the partition
wall there being, thence Northerly binding on the west side of Mount
Street 13 feet 9 3/4 inches more or less to the centre of the partition
wall there situate; thence Westerly through the centre of said wall and
continuing the same course in all 90 feet to the east side of an alley
there situate; thence Westerly from the place of beginning; thence
reversing said line Easterly and through the centre of the partition
wall first mentioned 90 feet to the place of beginning. The improvements
thereon being known as No. 208 North Mount Street, and is in fee simple.
The properties will be sold in an “as is,” condition and subject to all
conditions, restrictions, easements, covenants, and agreements of record
affecting the same, if any, and without expressed or implied warranty as
to the nature and description of the improvements as contained herein.
Terms of
Sale: A deposit of
$7,900.00 per parcel will be required at the time of sale, such deposit
to be in cash, cashier’s check, or in other form as the Assignees may
determine acceptable, in their sole discretion. The holder of the
indebtedness, if a bidder at the sale, shall not be required to post a
deposit. Balance of purchase price to be paid in cash at settlement,
which shall take place at the offices of the Assignees within ten (10)
business days following final ratification of sale by the Circuit Court
for Baltimore City, unless said time is extended by the Assignees for
good cause shown. If payment of the balance does not take place within
the specified time, purchaser agrees to pay attorneys’ fees in the
amount of $750, plus costs, if the Assignees have moved to resell the
property. If purchaser defaults under these terms, the deposit shall be
forfeited and the property will be resold at the risk and expense of the
defaulting purchaser. The defaulting purchaser shall not be entitled to
any surplus proceeds or profits resulting from any resale of the
property, even if such surplus results from improvements to the property
by said defaulted purchaser. Interest will accrue on the unpaid purchase
money, at the rate stated in the foreclosed Mortgage, from date of sale
to date of settlement, in the event the property is purchased by someone
other than the mortgage holder. In the event settlement is delayed for
any reason, including, but not limited to, exceptions to this sale,
bankruptcy filings by interested parties, court administration of the
foreclosure or unknown title defects, there shall be no abatement of
interest. The sale is subject to post-sale confirmation that the
borrower did not file for protection under the U.S. Bankruptcy Code
prior to the sale. In such event, this sale shall be null and void, and
the purchaser’s sole remedy, in law and equity, shall be the return of
the deposit without interest. All taxes, ground rent, and water rent to
be adjusted to date of sale. Purchaser shall be responsible for the
payment of the ground rent escrow, if required. All other state, city,
and other taxes, public charges or assessments payable on an annual
basis, including sanitary and/or metropolitan district charges, if any,
to be adjusted for the current year to date of sale and assumed by the
purchaser thereafter. Purchaser is responsible for any amount in excess
of $250 of outstanding water bills, if any, incurred prior to date of
sale. Costs of all transfer taxes, documentary stamps and recordation
costs shall be borne by the purchaser. Purchaser shall be responsible
for obtaining physical possession of the property. Purchaser waives and
releases the Assignees, the holder of the indebtedness, the Auctioneers,
and their respective agents, successors and assigns from any and all
claims the purchaser and/or its successors and assigns may now have or
may have in the future relating to the condition of the property,
including but not limited to the environmental condition thereof. If the
sale is not ratified, or if for any reason the Assignees are unable to
convey good and marketable title, the purchaser’s sole remedy in law or
equity shall be limited to the refund of the deposit. Upon refund of the
deposit, this sale shall be null and void and of no effect, and the
purchaser shall have no further claim against the Assignees, Mortgage
Holder, or Auctioneers. The purchaser at the foreclosure sale shall
assume the risk of loss for the property immediately after the sale.
Additional terms, if any, to be announced at sale. Purchaser agrees to
pay $250 at settlement to the seller’s attorney for review of the
settlement documents, and an additional fee of $250 for review of any
motion which may be subsequently filed with the Court to substitute a
purchaser herein. Time shall be of the essence for the purchaser.
DEBORAH M. ENGRAM
JAMES C. BRENNAN
Assignees |