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Pursuant to the power of sale contained in a Purchase Money
Mortgage dated April 10, 2006, recorded among the Land Records of
Baltimore City, Maryland in Liber FMC No. 7639, folio 626; a Purchase
Money Mortgage dated April 24, 2006, recorded among the aforesaid Land
Records in Liber FMC No. 7709, folio 415; a Purchase Money Mortgage
dated August 30, 2006, recorded among the aforesaid Land Records in
Liber FMC No. 8346, folio 662; a Purchase Money Mortgage dated August
18, 2006, and recorded among the aforesaid Land Records in Liber FMC No.
8414, folio 703; a Purchase Money Mortgage dated June 28, 2006, and
recorded among the aforesaid Land Records in Liber FMC No. 8232, folio
173; and, a Purchase Money Mortgage dated February 9, 2006, recorded
among the aforesaid Land Records in Liber FMC No. 7384, folio 316; 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
WEDNESDAY,
MARCH 26, 2008
AT 10:15A.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 northwest side of Gay Street distant 25
feet northeasterly from the dividing line between Stirling and John
Murray, and running thence northeasterly binding on Gay Street 25 feet;
thence northwesterly at right angles to Gay Street 110 feet 4 inches to
an alley 10 feet wide left open by the said John Murray communicating
with another alley of the same width extending from Gay Street to a line
ranging with a line of the south side of Monument Street as extended;
thence southwesterly binding on the first mentioned alley about 26 feet
to the end of the second line of Lot No. 1; and thence binding on said
Lot No. 1, 121 feet or thereabouts to the place of beginning. The
improvements thereon being known as No. 572-1/2 and 574 Old Town Mall,
also known as No. 572-1/2 and 574 Oldtown Mall (formerly 572-1/2 and 574
N. Gay Street). Subject to the payment of the annual rent of $123.00,
payable half-yearly on the 1st days of April and October, in each and
every year.
PARCEL TWO:
BEGINNING FOR THE SAME at a point on the southwest side of McCulloh
Street at the distance of three hundred and thirty two feet five inches
southeasterly from the southwesternmost corner of McCulloh Street and
Cloverdale Road (formerly Druid Hill Terrace) and at the center of the
partition wall there situate and running thence southeasterly binding on
the southwest side of McCulloh Street fourteen feet to the center of the
partition wall there situate thence southwesterly through the center of
said last mentioned partition wall and at right angle to McCulloh Street
one hundred feet to the northeast side of an alley fifteen feet wide
there laid out thence northwesterly binding on the northeast side of
said alley with the use thereof in common with fourteen and thence
northeasterly through the center of the partition wall first mentioned
one hundred feet to the place of beginning. The improvements thereon
being known as No. 2546 McCulloh Street, in fee simple.
PARCEL
THREE: BEGINNING FOR
THE SAME on the south side of Baker Street 28 ft. east of Warwick Avenue
and at a point in line with the center of a partition wall, fronting
easterly on the south side of Baker Street 18 ft. 8 ˝ in., with depth of
even width southerly 80 ft. to the north side of a 10-ft alley, with the
use thereof in common, The improvements thereon being known as No. 2417
Baker Street, in fee simple.
PARCEL
FOUR: BEGINNING FOR THE
SAME on the East side of Payson Street at a point distant 90 feet
Southerly from the Southeast corner of Lanvale and Payson Streets and on
the South side of a 10 foot alley and running thence Southerly along the
East side of Payson Street 15 feet 5 ˝ inches thence Easterly parallel
with Lanvale Street 86 feet 6 inches to the west side of another 10 foot
alley thence Northerly along the West side of said last mentioned 10
foot alley thence Northerly along the West side of said last mentioned
10 foot alley 15 feet 5 ˝ inches to the South side of said last
mentioned 10 foot alley thence westerly along the South side of said 10
foot alley 86 feet 6 inches to the place of beginning. The improvements
thereon being known as No. 723 North Payson Street, in fee simple.
PARCEL
FIVE: BEGINNING FOR THE
SAME at the corner formed by the intersection
of the West side of Monroe Street and the North side of Ridgehill Avenue
(formerly Ridgewood Avenue), and running thence North binding on the
West side of Monroe Street, 14' thence West parallel with Ridgehill
Avenue 70' to the East side of an alley 10' wide, thence South on the
East side of said alley with the use thereof in common 14' to the North
side of Ridgehill Avenue, and thence East binding on the North side of
Ridgehill Avenue 70 feet to the place of beginning. The improvements
thereon being known as No. 2010 N. Monroe Street Baltimore. Subject to
the payment of the annual rent of $96.00, payable half-yearly on the
20th days of June and December, in each and every year.
PARCEL SIX:
BEGINNING FOR THE SAME on the north side of Riggs Avenue at a
distance of 37 feet 2 inches eastwardly from the east side of Woodyear
Street having a front eastwardly on the north side of Riggs Avenue 12
feet 5 inches with a depth northwardly of even width parallel with
Woodyear Street of 67 feet to the north side of an alley 3 feet wide
with the use thereof in common the side lines of said lot each passing
through the center of a partition wall. The improvements thereon being
known as No. 1304 Riggs Avenue. Subject to the payment of the annual
rent of $96.00, payable half-yearly on the 1st days of May and November,
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 |