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Pursuant to the power of sale contained in a Purchase Money
Mortgage dated March 28, 2006, and recorded among the Land Records of
Baltimore City, Maryland in Liber FMC No. 7754, folio 738; a Mortgage
dated October 6, 2006, and recorded among the aforesaid Land Records in
Liber FMC No. 8843, folio 641; a Purchase Money Mortgage dated March 16,
2006, and recorded among the aforesaid Land Records in Liber FMC No.
7859, folio 739; and a Purchase Money Mortgage dated February 28, 2007,
and recorded among the aforesaid Land Records in Liber FMC No. 9158,
folio 634; and 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
TUESDAY,
MARCH 18, 2008
AT 10:15 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 FIRST on the south side of Baker Street at the
distance of 121 feet easterly from the southeast corner of Baker Street
and Ellamont Street (formerly known as Tenth Street) and at a point in
line with the west side of the west wall of the house on the lot now
being described, running thence easterly binding on the south side of
Baker Street 15 feet to a point in line with the center of the partition
wall between the house on the lot now being described and that on the
lot adjoining on the east, running thence southerly by a straight line
and through the center of said partition wall and parallel with Ellamont
Street in all 87 feet to the north side of an alley 10 feet wide there
situate, running thence westerly along the north side of said alley with
the use thereof in common 15 feet to intersect a line drawn southerly
from the place of beginning parallel with Ellamont Street and along the
west wall of the house on the lot now being described, running thence
northerly reversing said line so drawn and binding thereon 87 feet to
the place of beginning. The improvements thereon being known as No. 3129
Baker Street. Subject to the payment of an annual ground rent in the
amount of $72.00, payable half-yearly on the 17th days of June and
December, in each and every year.
BEGINNING FOR THE SECOND at a point on the south side of Baker Street
distant easterly 106 feet from the point formed by the intersection of
the south side of Baker Street and the east side of North Ellamont
Street and fronting easterly 15 feet on Baker Street with an even depth
of 87 feet to a 10 foot alley there situate. Being Tax Lot No. 41
adjacent on the west to 3129 Baker Street, and is in fee simple.
PARCEL TWO:
BEGINNING FOR THE SAME at the corner formed by the intersection of the
southeast side of Sidney Avenue with the southwest side of Eyon Street;
thence running southwesterly on the southeast side of Sidney Avenue 14
feet 11 inches to the center line of the party wall there being; thence
southeasterly through the center line of said party wall and continuing
the same course in all 82 feet to the northwest side of a 10 foot alley
there being and thence northerly on the northwest side of said alley
with the use thereof in common with others 14 feet 11 inches to the
southwest side of Eyon Street and thence northwesterly on the southwest
side of Eyon Street 82 feet to the place of beginning. The improvements
thereon being known as No. 2101 Sidney Avenue. Subject to an annual rent
of $84.00 payable in equal semi-annual installments on the 15th days of
April and October, in each and every year.
PARCEL
THREE: BEGINNING for
the same on the east side of Milton Avenue at the
distance of 69 feet southerly from the corner formed by the intersection
of the east side of Milton Avenue and the south side of Chase Street,
which place of beginning is intended to be at the centre of a partition
wall there erected, thence running southerly bounding on the east side
of Milton Avenue 14 feet to the centre of another partition wall there
erected, thence easterly passing through the centre of said last
mentioned partition wall and parallel with Chase Street 74 feet 2 inches
more or less to the west side of Mine Bank Lane, thence northerly
binding on the west side of Mine Bank Lane and with the use and
privilege thereof in common with others, 14 feet more or less to
intersect a line drawn easterly from the beginning through the center of
the partition wall in this description first mentioned, and thence
westerly reversing said line and binding thereon 74 feet 6 2/3 inches to
the place of beginning: The improvements thereon being known as No. 1045
N. Milton Avenue. Subject to the payment of the annual rent of $90.00
Dollars, payable half-yearly on the 10th days of March and September, in
each and every year.
PARCEL FOUR: BEGINNING
FOR THE SAME on the north side of Hollins Street at the distance of 49
feet east from the northeast corner of Hollins and Carey Streets, which
place of beginning is at the center of the wall dividing the house on
the ground now being described from the house adjoining to the west; and
running thence east binding on Hollins Street 15 feet 6 inches, to the
center of the wall dividing the house on the ground now being described
from the house adjoining on the east; thence north parallel with Carey
Street and through the center of said last mentioned partition wall 62
feet, 6 inches; thence west 15 feet, 6 inches; and thence south to the
place of beginning. The improvements thereon being known as No. 1226
Hollins 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 |