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5052 BRIGHTLEAF COURT
BALTIMORE, MARYLAND 21237
SALE TO BE HELD
BALTIMORE COUNTY CIRCUIT COURT
401 BOSLEY AVENUE
MAIN ENTRANCE FACING PATRIOT PLAZA
TOWSON, MARYLAND 21204
THURSDAY, AUGUST 1, 2019
AT 11:00 A.M.
Under and by virtue of a Decree for Sale of Mortgaged Premises entered by the Circuit Court for Baltimore County in Case No. C-03-CV-19-000528 and the assent to the passage of such decree in that certain Purchase Money First Mortgage dated February 16, 2007 and recorded among the Land Records of Baltimore County, Maryland in Book 25303, Page 166 from Mark J. Strohman and Melissa J. Strohman, as mortgagors, as amended by that certain Modification Agreement dated March 22, 2007 (as amended, the “Mortgage”), the undersigned Trustee, at the request of the mortgagee under the Mortgage (the “Mortgagee”), will offer for sale at public auction on the courthouse steps as aforesaid, at 11:00 a.m. on Thursday, August 1, 2019, the real property (the “Property”) granted to the Mortgagee by the Mortgage, more particularly described as follows:
BEING KNOWN AND DESIGNATED as Unit 5052, Phase 5, as shown in an expandable condominium regime known as “Condominium Plat Devonshire II at White Marsh Condominium, Inc., Phase” recorded among the Land Records of Baltimore County, Maryland in Condominium Plat Book 23, Plats 37 and 38, in Condominium Plat Book 23, Plats 48 and 49 in Condominium Plat Book 23, Plats 71 and 72 in Condominium Plat Book 2, Plats 103 and 104, in Condominium Plat Book 23, Plats 133 and 124, as established by a Declaration of Condominium entitled “Devonshire II at White Marsh Condominium Declaration”, recorded among the Land Records of Baltimore County, Maryland on November 24, 1999 in Liber 14170, page 181, and By-Laws recorded in Liber 14170, page 218, and by First Amendment to Declaration recorded in Liber 14225, page 592, and by Second Amendment to Declaration recorded in Liber 14419, page 301, and by Third Amendment to Declaration recorded on June 29, 2000 in Liber 14562, at page 16, and by Fourth Amendment to Declaration recorded in Liber 14641, page 645, Fifth Amendment recorded in Liber 14770, page 46, Sixth Amendment recorded in Liber 14837, page 292, Seventh Amendment recorded in Liber 15148, page 694, Eighth Amendment recorded in Liber 15369, page 286, Ninth Amendment recorded in Liber 15641, page 197, Tenth Amendment recorded in Liber 15809, page 21, and Eleventh Amendment recorded in Liber 15992, page 350. The improvements thereon being known as No. 5052 Brightleaf Court.
TOGETHER WITH an undivided percentage interest in the common elements and common expenses and common profits of the aforesaid Condominium Regime and all the rights, privileges, and powers reserved for the benefit of each and every Unit Owner under and pursuant to the Declaration aforesaid and the By-Laws of Devonshire II at White Marsh Condominium recorded among the aforesaid Land Records.
The Property is believed to consist of a 1,334 square foot residential condominium unit. While this information as to the nature and description or use of the Property has been obtained from sources deemed reliable and is believed to be accurate, no representations are made as to the presence, absence, development status or condition of improvements on or about the Property.
TERMS OF SALE:
Cash. The Property will be offered for sale in an “AS IS, WHERE IS” condition and will be conveyed by Trustee’s Deed subject to all encumbrances, rights, reservations, covenants, conditions, easements, restrictions and statutory liens, if any, having priority over the Mortgage, as they may lawfully affect the Property. The Property will be sold subject to the right of redemption of the United States of America (if such right exists).
The Trustee and the Mortgagee disclaim all warranties of any kind, either express or implied, for the Property and any improvements thereon, including, without limitation, any warranty relating to the zoning, structural integrity, physical condition, condition of the soil, extent and nature of construction, workmanship, materials, habitability, environmental condition, compliance with applicable laws, fitness for a particular purpose and merchantability.
The Property will be sold subject to all conditions and dedications contained on any plats, easements, liens, conditions, restrictions, rights of redemption, rights of entry, covenants, encumbrances, and agreements of record affecting the same (collectively, “Liens”), if such Liens have priority over the Mortgage, and subject to (i) all applicable condominium association organizational documents or other regimes, (ii) all existing housing, building and zoning code violations, (iii) all environmental problems and violations which may exist on or with respect to the Property, and (iv) all matters that an accurate survey or physical inspection of the Property might disclose. The Property is sold specifically subject to the operation and effect of that certain (i) Declaration of Covenants, Conditions and Restrictions dated as of April 14, 1997 and recorded among the Land Records of Baltimore County at Book 12132, Page 129, (ii) Devonshire II at White Marsh Condominium Declaration dated November 17, 1999 and recorded among the Land Records of Baltimore County at Book 14170, Page 181, as supplemented and amended from time to time, and (iii) any related by-laws and condominium association documents, as amended from time to time.
The risk of loss or damage to the Property shall be borne by the successful bidder from and after the date and time of the sale. Obtaining possession of the Property shall be the sole responsibility of the successful bidder.
A bidder’s deposit of Five Thousand Dollars ($5,000.00) in the form of cashier’s check or bank official check at the time of sale will be required of all purchasers other than the Mortgagee or an affiliate of the Mortgagee. The deposit must be increased to 10% of the purchase price (as increased, the “Deposit”) not later than 3:00 p.m. on August 2, 2019 in the office of the auctioneer in the form of cashier’s check, bank official check or wire transfer completed and confirmed by 3:00 p.m. on August 2, 2019. The Deposit will not earn interest in the hands of the Trustee. The Mortgagee or an affiliate thereof is not required to make a Deposit. The Trustee reserves the right (i) to waive or modify the deposit requirement; (ii) to approve the creditworthiness of any bidder or final purchaser; (iii) to withdraw all or part of the Property from sale at any time prior to the termination of bidding; (iv) to keep the bidding open for any length of time; (v) to reject any or all bids; and (vi) to postpone the sale and conduct other sales as the Trustee may determine in his discretion. Immediately after the sale, the successful bidder shall execute and deliver a contract of sale with the Trustee for the Property incorporating the terms and conditions hereof, a copy of which shall be available for inspection prior to the sale, and shall deliver to the auctioneer the initial component of the Deposit, which shall be increased within one business day as aforesaid.
The balance of the purchase price for the Property, together with interest at 5.00% per annum from the date of sale to the date of settlement, shall be paid in cash within twenty (20) days after final ratification of the sale of the Property by the Circuit Court for Baltimore County, Maryland, time being of the essence with regard to all of the purchaser’s obligations.
Settlement on the sale of the Property shall take place at the law offices of Baker Donelson, 100 Light Street, Baltimore, MD 21202, or such other place as is agreeable to the parties. Real estate taxes, water, ground rents and other municipal liens and charges and all other public charges and assessments payable on an annual basis or otherwise shall be adjusted to August 1, 2019, the date of the sale, and assumed thereafter by the purchaser. Any condominium association fees, assessments or capital contributions payable with respect to the Property shall be assumed after the date of sale by the purchaser. The purchaser shall pay all settlement fees, title examination charges, title charges and title insurance premiums, all recording costs (including the state grantor’s tax and all state and county recordation taxes and fees, clerk’s filing fees and transfer fees and taxes). The purchaser shall pay all costs incidental to the conveyance of the Property. If the Mortgagee is the purchaser of the Property at the sale, the amount bid at the sale by the Mortgagee shall be a credit against the indebtedness secured by the Mortgage.
If any successful bidder fails for any reason to complete settlement as provided above, the Deposit shall be forfeited and applied to the costs of the sale, including Trustee’s fees, and the balance, if any, shall be delivered to the Mortgagee to be applied by the Mortgagee against the indebtedness secured by, and other amounts due under, the Mortgage in accordance with the Mortgage or applicable law or otherwise as the Mortgagee shall elect. There shall be no refunds. Such forfeiture shall not limit any rights or remedies of the Trustee or the Mortgagee with respect to any such default. After any such default and forfeiture, the Property may at the discretion of the Trustee be conveyed to the next highest bidder on the Property whose bid was acceptable to the Trustee. If, instead, the Property is resold, such re-sale shall be at the risk and the cost of the failing bidder, and the failing bidder shall be liable for any deficiency between its bid and the successful bid at the resale as well as the costs of conducting such re-sale. In the event the Trustee does not execute a deed of conveyance or other necessary settlement documents, the purchaser’s sole remedy shall be the refund of the Deposit. Immediately upon conveyance by the Trustee of the Property to a purchaser at foreclosure, all duties, liabilities, and obligations of the Trustee, if any, with respect to the Property so conveyed shall be extinguished.
The information contained herein was obtained from sources deemed to be reliable, but is offered for informational purposes only. Neither the Mortgagee nor the Trustee make any representations or warranties with respect to the accuracy of this information.
The Trustee reserves the right to modify the requirements for the Deposit, to withdraw all or any part of the Property from the sale, to postpone the sale, and to conduct such other sales as the Trustee may determine in his sole discretion. Additional terms and conditions may be announced at the time of sale.
WALTER R. KIRKMAN
For further information, or for a copy of the aforementioned Contract of Sale, please contact: A.J. Billig & Co., Auctioneers, (410)-296-8440, firstname.lastname@example.org