"Frankford"

Judith L. Harclerode, Solicitor
Moore, Carney, Ryan and Lattanzi, LLC
9649 Belair Road – Suite 302
Nottingham, MD 21236

TRUSTEE’S AUCTION

TWO STORY TAVERN
“Berger’s Tavern”
5523 BELAIR ROAD
And Adjoining Unimproved Lot
Known as 4202 Anntana Avenue

7-DAY LIQUOR LICENSE

Sale On Premises
Berger’s Tavern
5523 BELAIR ROAD
Corner Anntana Avenue
Baltimore, MD 21206

WEDNESDAY, DECEMBER 12, 2018
AT 11:00 A.M.

      Pursuant to a Memorandum and Final Order of the Circuit Court for Baltimore City, passed in the matters of Estate of Mary E. Berger, et al., Plaintiffs v. Henry Berger, Jr., Defendant, Case No. 24-C-16-000131 and Case No. 24-C-16-000132, the undersigned Trustee will sell at Public Auction, on the premises, the following:

Real Estate

      All those fee simple lots of ground and the improvements thereon, situate and lying in Baltimore City, State of Maryland and being more fully described in the deed, dated July 30, 1987, recorded among the Land Records of Baltimore City, Maryland in Book 1387, Page 598, comprising the following properties:

      5523 BELAIR ROAD: Two story brick and frame tavern building, containing 2,984 square feet, according to public tax records. The property fronts 50′ along the east side of Belair Road by 116’1″ along the north side of Anntana Avenue. Zoning C-3, commercial. First floor contains a bar, dining room, small kitchen, 2 rest rooms and storage room. Second floor has large room, eat-in kitchen and rest room. Basement is unfinished and has outside access. The building has composition shingle and built-up roofs, vinyl-clad replacement windows, 2 front entrances, rear exit, pole sign, gas hot water heat, security alarm, 2 electric meters and gas meter. Bar equipment includes, draft beer dispenser, reach-in and display coolers, refrigerator, stainless steel work table, under bar and work sinks, cash register and bar stools.

      4202 ANNTANA AVENUE: Level, rectangular unimproved lot, adjoining 5523 Belair Road in the rear, fronting 59′ along the north side of Anntana Avenue by a depth of 120′. Zoning R-4, residential.

Deposit: $7,500.

Liquor License

      7-Day Beer, Wine & Liquor License, Type LBD-7, permits sales for on and off premises consumption. The transfer of this liquor license is subject to the approval of the Board of Liquor License Commissioners of Baltimore as in the case of an original application, and it shall be the sole responsibility of the purchaser to obtain said approval. In addition, in line with Article 2B of the Annotated Code of Maryland, any tangible personal property taxes, retail sales, amusement, admission and/or withholding taxes must be paid to the City of Baltimore and/or State of Maryland.
Deposit $5,000.

Manner and Terms of Sale

      MANNER OF SALE: First Offering (Real Estate) – 5523 Belair Road and 4202 Anntana Avenue will be offered together and the bid reserved; Deposit $7,500. Second Offering (Liquor License) – the 7-day beer, wine and liquor license will be offered and the bid reserved; Deposit $5,000. Third Offering (Entirety) – the real property and liquor license will be offered together; Deposit $12,500. The sale will be made in the manner producing the greater amount.

      TERMS OF SALE: Deposits, as stated above under Manner of Sale, payable by cashier’s check, will be required of the purchaser at time and place of sale.

      Real Estate and Entirety – The deposit shall be increased to 10% of the purchase price within 24 hours at the Auctioneer’s Office. Balance to be paid in cash at settlement, which shall take place within ten (10) business days following final ratification of the sale by the Circuit Court for Baltimore City at a location designated by the Trustee. If payment of the balance does not take place within the specified time, the deposit shall be forfeited and the property may be resold at the risk and expense of the purchaser. Interest to be charged on the unpaid purchase money, at the rate of 8% per annum, from date of contract to date of settlement. If settlement is delayed for any reason, there will be no abatement of interest. All adjustments as of date of contract. Taxes and all other public charges and assessments payable on a monthly or annual basis, including sanitary and/or metropolitan district charges, if any, to be adjusted for the current year to date of contract and assumed thereafter by the purchaser. The property will be sold in “AS IS” condition, without express or implied warranty as to the nature and description of the improvements as contained herein; and subject to easements, agreements, restrictions or covenants of record affecting same, if any. Purchaser shall be responsible for obtaining physical possession of the property and assumes the risk of loss or damage to the property from the date of contract forward. The purchaser waives and releases the Trustee, 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 Trustee is 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 Trustee or Auctioneers. Recordation costs, transfer taxes and all other costs incident to settlement to be paid by the purchaser. Time shall be of the essence for the purchaser.

      Liquor License (if sold separately) – balance to be paid in cash or by cashier’s check within three business days following the auction; time being of the essence.

      Authority to cancel this sale rests solely with the Trustee and/or the Auctioneer. Prospective buyers should disregard all other statements and comments made by any other person or entity regarding minimum bids, pricing and cancellations of the sale. Additional terms may be announced at the time of sale. The Trustee reserves: (1) the right to accept or reject any or all bids; (2) the right to modify or waive the requirements for bidders’ deposits and terms of sale and/or settlement; (3) the right to withdraw the Property from the sale before acceptance of the final bid; and (4) the right to cancel or postpone the sale.

No Buyer’s Premium

Judith L. Harclerode, Trustee