"McElderry Park - Near Patterson Park"

Lisa M.L. Eisemann, Solicitor
Moore, Carney, Ryan and Lattanzi
9649 Belair Road, Suite 302
Nottingham, MD 21236

SUBSTITUTE TRUSTEES’ AUCTION

Near Patterson Park

Two Story
BRICK TOWNHOME
2 Bedrooms ◆ 2.5 Baths

Sale On Premises
231 N. MILTON AVENUE
Off 2500 E. Fayette Street
Baltimore, MD 21224

WEDNESDAY, FEBRUARY 1, 2017
AT 11:00 A.M.

      Under and by virtue of the power of sale contained in a certain Indemnity Deed of Trust from Downtown Realty, LLC to John D. Schott, Trustee, dated October 2, 2008, and recorded among the Land Records of Baltimore City, Maryland, in Liber F.M.C. 11034, Page 0448 (the “Deed of Trust”), the holder of the indebtedness secured thereby having appointed the undersigned to act as Substitute Trustees, in place and stead of the aforementioned Trustee, by instrument duly executed, acknowledged and recorded among the Land Records aforesaid, default having occurred under the terms thereof and at the request of the party secured thereby, the undersigned Substitute Trustees will sell at Public Auction, on the premises, the following:

      All that leasehold lot of ground and the improvements thereon, situate and lying in Baltimore City, State of Maryland and being more fully described in the above-referenced Deed of Trust; subject to an annual $180 ground rent, payable semi-annually on the last days of May and November, in each and every year; lot size 14′ x 75′, more or less.

      The property is improved by a two story inside-group brick townhome, built in 1900, containing 1,336 square feet of living area and 588 square feet of basement space, according to public tax records. The home is believed to contain a living room with hardwood floor, dining room with hardwood floor, kitchen, 2 bedrooms, 2.5 baths, basement with recreation room, gas forced air heat, central air conditioning; two wood decks in rear.

      NOTE: The information contained herein has been obtained from sources deemed reliable and is believed to be accurate. However, no express or implied warranty is made or may be inferred from any such representation. Dimensions, square footage and acreage contained herein are more or less. Prospective purchasers are encouraged to perform their own due diligence, in advance of the auction, regarding the permitted uses of the property.

      TERMS OF SALE: A $10,000 deposit, payable by cashier’s check, will be required of the purchaser at time and place of sale. The deposit shall be increased to 10% of the purchase price within 24 hours at the Auctioneer’s Office. The holder of the indebtedness, if a bidder at the sale, shall not be required to post a deposit. 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 the offices of the Substitute Trustees. 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 6.625% 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, ground rent 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 Substitute Trustees, 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 Substitute Trustees 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 Substitute Trustees, the holder of the indebtedness 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.

      Authority to cancel this sale rests solely with the Substitute Trustees 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 Substitute Trustees reserve: (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

Richard E. Lattanzi, Kristin A. Harclerode and
Lisa M.L. Eisemann, Substitute Trustees