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Pursuant to the power of sale contained in a Purchase Money Mortgage dated
April 29, 2005, recorded among the Land Records of Baltimore City,
Maryland in Liber FMC No. 6525, folio 1355; a Purchase Money Mortgage
dated April 26, 2005, recorded among the aforesaid Land Records in Liber
FMC No.6477, folio 229; a Second Mortgage dated June 14, 2006, recorded
among the aforesaid Land Records in Liber FMC No. 7973, folio 140; a
Purchase Money Mortgage dated January 11, 2006, recorded among the
aforesaid Land Records in Liber FMC No. 7420, folio 736; and a Purchase
Money Mortgage dated August 31, 2005, recorded among the aforesaid Land
Records in Liber FMC No. 6774, folio 657; 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 10:00 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 FIRST THEREOF at a point on the southeastern boundary
line of Hayward Avenue (formerly Bucks Lane) said point being North 63
degrees 11minutes East 78.06 feet measured along the southeastern
boundary line of said Hayward Avenue from a point on the center line of
the new Survey of the Western Maryland Railroad known as Station 215
plus 51.3 of the New Survey of said Railroad also distant 69.0 feet from
the said center line of said Railroad measured at right angles thereto
and opposite what is known as Station 215 plus 14.79 of the New Survey
of said Railroad; and running thence with and binding on the
southeastern boundary line of Hayward Avenue North 63 degrees 11 minutes
East 89.67 feet to a point; thence South 27 degrees 19 minutes East
133.75 feet to a point; thence South 5 degrees 26 minutes West 39.68
feet to a point said point being distant 54.09 feet from said center
line of said Railroad measured at right angles thereto and opposite what
is known as Station 213 plus 36.63 of the New Survey of said Railroad;
thence North 49 degrees 55 minutes West 178.16 feet to the place of
beginning. Containing 0.21 of an acre of land more or less.
BEGINNING FOR THE SECOND THEREOF on the southeast side of the County
Road leading southwesterly from the Reisterstown Turnpike road and at
the intersection of said side of said County Road with the first line of
the property described in a Deed from the Board of County Commissioners
of Baltimore County to James E. Ingram bearing date March 2, 1891; and
recorded among the Land Records of Baltimore County in Liber JWS No.
184, folio 507 etc.; and running thence South 11 degrees West and along
the graveyard fence there being 158 feet; thence North 21 and 3/4ths
degrees West 133 feet 9 inches to the said County Road; and thence North
68 and 3/4ths degrees East binding on the Southeast side of said County
Road 85 feet 8 inches to the place of beginning.
BEGINNING FOR THE THIRD THEREOF on the southeast side of the County Road
leading southwesterly from Reisterstown Road said Road being now called
Hayward Avenue at the beginning of the parcel of land described in a
Deed from the McKendree Methodist Episcopal Church to Jesse P. McAnally
and Emma Z. McAnally, his wife, dated June 18, 1912 and recorded among
the Land Records of Baltimore County in Liber WPC No. 395, folio 549,
etc.; and running thence southerly binding on the first line of said
land and continuing the same course 200 feet 6 inches to a point in line
with the fence dividing the property of the cemetery from that of C.T.
Cockey, Jr.’ thence easterly to and along said fence in all 103 feet 7
inches; and thence northwesterly 217 feet 3 inches to the place of
beginning. The improvements thereon being known as Nos. 4151-4153
Hayward Avenue, in fee simple.
PARCEL TWO:
BEGINNING FOR THE SAME at the corner formed by the intersection of the
east side of Midwood Avenue 50 feet wide with the north side of Cold
Spring Lane 80 feet wide and running thence binding on the east side of
Midwood Avenue north 6 degrees 36 minutes 44 seconds east 26 feet to a
point in line with the center of the party wall between a house on the
lot now being described and the house on the lot adjoining to the
northward thence south 83 degrees 23 minutes 16 seconds east to and
along the center of said party wall to the end thereof and continuing
the same direction in all 85 feet 11 ˝ inches to the west side of an
alley 15 feet wide there situate thence binding on the west side of said
alley with the use thereof in common south 6 degrees 46 minutes west 27
feet 5 inches to the north side of Cold Spring Lane and thence binding
on the north side of Cold Spring Lane north 83 degrees 1 minute 35
seconds west 44 feet 1 3/4 inches thence northwestwardly by a line
curving toward the north with the radius of 1014.92 feet by a chord
which bears north 81 degrees 50 minutes 48.5 seconds west 41 feet 9 3/8
inches the distance of 41 feet 9 ˝ inches to the place of beginning. The
improvements thereon being known as No. 4701 Midwood Avenue, in fee
simple.
PARCEL
THREE: BEGINNING FOR
THE FIRST on the line of the north side of Hollins Street as extended in
Baltimore County at the distance of thirty-two feet easterly from the
northeast intersection of Garrison Forrest Road and Hollins Street and
running thence easterly bounding on Hollins Street extended thirty-two
feet thence northerly at right angles with Hollins Street one hundred
thirty-six feet eleven inches to an alley twenty feet wide running
parallel with Hollins Street thence westerly bounding on the south side
of said alley with the right to the common use and privilege of the same
thirty two feet and thence southwesterly at right angles with Hollins
Street one hundred thirty-six feet eleven inches to the place of
beginning. Being the premises know as No. 2578 Hollins Street, in fee
simple.
BEGINNING FOR THE SECOND at the intersection of the center line of
Hollins Street with the east side of Franklintown Road; and running
thence northerly binding on the east side of Franklintown Road 194 feet
4 inches to the north side of an alley 20 feet wide; thence easterly on
the north side of said alley 50 feet 5 ˝ inches; thence southerly 10
feet; thence easterly along the center of said alley 6 feet 7 inches;
thence southerly 10 feet to the northwest corner of the lot conveyed by
Charles Shipley and wife to Solomon Allen by a Deed dated September 4,
1856 and recorded among the Land Records of Baltimore County in Liber
H.M.F. No. 17, folio 273; thence southerly binding on the west outline
of said lot and continuing the same direction in all 171 feet 9 ˝ inches
to the center line of Hollins Street; and thence westerly binding on the
center line of Hollins Street 27 feet to the place of beginning. The
improvements thereon being known as Nos. 2580 and 2582 Hollins Street,
in fee simple. The property is subject to a prior mortgage, the amount
of which will be announced at the time of sale, if made available to the
Assignees.
PARCEL
FOUR: BEGINNING FOR THE
SAME on the north side of Penhurst Avenue at the distance of 125 feet
easterly from the corner formed by the intersection of the north side of
Penhurst Avenue and the east side of Eldorado Avenue; thence running
easterly along the north side of Penhurst Avenue, 74 feet; thence
running northerly at right angles to Penhurst Avenue and parallel to
Eldorado Avenue, 150 feet, to the south side of an alley, 15 feet wide,
thence running westerly along the south side of said 15 foot alley, with
the use thereof in common with others, 75 feet; and thence running
southerly at right angles to said 15 foot alley and parallel to the
second line of this description, 150 feet to the place of beginning. The
improvements thereon being known as No. 4114 Penhurst Avenue, in fee
simple.
PARCEL
FIVE: BEGINNING FOR THE
SAME on the east side of Bruce Street at the distance of one hundred
twenty-four feet southerly from the southeast corner of Bruce Street and
Westwood Avenue and running thence southerly bounding in the east side
of Bruce Street twelve feet, thence easterly parallel with Westwood
Avenue seventy-one feet ten and one-fourth inches to the center of a ten
foot alley situated, thence northerly on the center of said ten foot
alley with the use thereof in common twelve feet, thence westerly
parallel with Westwood Avenue seventy-one feet ten and one-fourth inches
to the place of beginning. The improvements thereon being known as No.
1709 N. Bruce Street. Subject to the payment of the annual rent of
Thirty-Six Dollars and No Cents ($36.00), payable half-yearly on the 1st
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 |