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Pursuant to the power of sale contained in a Purchase Money
Mortgage dated October 19, 2006, and recorded among the Land Records of
Baltimore City, Maryland, in Liber FMC No. 8636, folio 272; a Purchase
Money Mortgage dated October 27, 2006, and recorded among the aforesaid
Land Records in Liber FMC No. 8979, folio 649; a Purchase Money Mortgage
dated August 16, 2006, recorded among the aforesaid Land Records in
Liber 8668, folio 600;A Purchase Money Mortgage dated November 13, 2006,
and recorded among the aforesaid Land Records in Liber 8670, folio 390,
a Purchase Money Mortgage dated November 14, 2006, recorded among the
aforesaid Land Records in Liber 8711, folio 132, and a Purchase Money
Mortgage dated February 25, 2006, and recorded among the Land Records of
Baltimore City, Maryland, in Liber FMC No. 7874, folio 515 together with
the Order Directing Resale of Mortgaged Property issued by the Circuit
Court for Baltimore City and dated August 6, 2007, 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 6, 2007
AT 10:05 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 Belmont Avenue
at
the distance of twenty-nine feet three inches westerly from the corner
formed by the intersection of the south side of Belmont Avenue with the
west side of Poplar Grove Street which place of beginning is at a point
in line with the center of a partition wall there situate and running
thence westerly binding on the south side of Belmont Avenue fourteen
feet three inches to a point in line with the center of the partition
wall there situate thence southerly parallel with Poplar Grove Street
and passing through the center of said last mentioned partition wall
ninety-five feet to the center of a ten foot alley there situate, thence
easterly along the center of said alley with the use thereof in common
fourteen feet three inches to a point in line with the center of the
partition wall in this description first mentioned and thence northerly
parallel with Poplar Grove Street and passing through the center of said
first mentioned partition wall ninety -five feet to the place of
beginning. The improvements thereon being known as No. 2905 Belmont
Avenue. Subject to an annual ground rent of $108.00 payable in equal
semi-annual installments on the 2nd day of June and December in each and
every year.
PARCEL TWO: BEGINNING FOR THE SAME on the south side of Cator Avenue at
the distance of 168 feet 4 and ˝ inches easterly from the corner formed
by the intersection of the south side of Cator Avenue and the east side
of Old York Road which place of beginning is designed to be in the line
of the center of the partition wall there erected and running thence
easterly bounding on the south side of Cator Avenue 14 feet to the line
of the center of the partition wall there erected thence southerly
through the center of said last mentioned partition wall and parallel
with Old York Road 110 feet to the North side of an alley 20 feet wide
there situate thence Westerly bounding on the North side of said 20 foot
alley with the use thereof in common with others 14 feet and thence
Northerly parallel with Old York Road and passing through the center of
said first mentioned partition wall 110 feet to the place of beginning.
The improvements thereon being known as No. 619 Cator Avenue,. Subject
to an annual ground rent of $70.00 payable in equal semi-annual
installments on the 1st day of June and December in each and every year.
PARCEL THREE: BEGINNING FOR THE SAME at a point on the East side of
Milton
Avenue distant 84 feet 7 ˝ inches Southerly from the corner formed by
the intersection of the South side of Orleans Street and the East side
of Milton Avenue; and running thence Easterly by a straight line
parallel with the South side of Orleans Street 65 feet to the West side
of a 10-foot alley at a point distant 84 feet 7 ˝ inches Southerly from
the South side of Orleans Street; thence Southerly bounding on the West
side of said alley 14 feet, with the use thereof in common with other
lots bounding thereon; thence Westerly by a straight line parallel with
the South side of Orleans Street 75 feet to a point on the East side of
Milton Avenue distant 98 feet 7 ˝ inches South from the Southeast corner
of Orleans Street and Milton Avenue; and thence Northerly binding on the
East side of Milton Avenue 14 feet to the place of beginning. The
improvements thereon being known as No. 229 N. Milton Avenue, and is in
fee simple.
PARCEL FOUR: BEGINNING FOR THE SAME at the corner formed by the
intersection of the north side of Walbrook Avenue and the east of Monroe
Street and running thence east binding on the north side of Walbrook
Avenue fourteen feet to the center of the division wall there erected
thence north parallel with Monroe Street and passing through the center
of said division wall eighty-five feet to the center of an alley ten
feet wide there laid out parallel with Walbrook Avenue thence west
binding on the center of said alley with the use thereof in common
fourteen feet tot he east side of Monroe Street and thence south binding
thereon eighty-five feet to the place of beginning. The improvements
thereon being known as No.1836 Walbrook Avenue, and is in fee simple.
PARCEL FIVE: BEGINNING FOR THE SAME on the line of the North side of
Ramsay
Street, at the distance of one hundred and five feet West from the
corner formed by the intersection of the North side of Ramsay Street
with the West side of Payson Street, which place of beginning is
designed to be at the center of the partition wall between the house
erected on the Lot now being described and that erected on the Lot next
adjoining to the East; running thence Westerly bounding on the North
side of Ramsay Street twelve feet to the center of the partition wall
between the house erected on the Lot now being described, and that
erected on the next adjoining to the West thence Northerly parallel with
Payson Street, and in its course passing along the center of the last
mentioned partition wall, in all seventy-four feet and six inches to the
center of a ten foot alley there situate; thence Easterly binding on the
center of said alley, with the use and privilege of the same, and
parallel with Ramsay Street twelve feet; thence Southerly parallel with
Payson Street, and in its course passing along the center of the first
mentioned partition wall, in all seventy-four feet and six inches to the
place of beginning. The improvements thereon being known as No. 2004
Ramsay Street, and is fee simple.
PARCEL SIX: BEGINNING FOR THE SAME on the north side of Belle Avenue at
the
distance of 656 feet 7 inches Easterly from the corner formed by the
intersection of the North side of Belle Avenue and the East side of
Ganada Avenue; and running thence Easterly binding on the North side of
Belle Avenue 50 feet to Lot No. 43 on the Plat of North Forest Park
which Plat is recorded with the Mortgage from Mortimer W. West and Wife
to John W. Powers, Trustee, in SCL No. 22505, Folio 506; thence
Northerly at right angles to Belle Avenue and binding on said Lot No.
43, 150 feet 7- ˝ inches to the outline of the whole tract; thence
Westerly binding on said outline 50 feet to Lot No. 42, 159 feet 3
inches to the North side of Belle Avenue, the place of beginning. The
improvements thereon being known as No. 4008 Belle Avenue. Subject to an
annual ground rent of $120.00 payable in equal semi installments on the
19th days of February and August in each and every year.
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 |