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Law Offices of
Rosenberg | Martin | Greenberg, LLP
25 South Charles Street, Suite 2115
Baltimore, Maryland 21202
SUBSTITUTE TRUSTEES’ SALE OF
TWO LOTS IN HOLLY HILL COURT
HOLLY HILL SUBDIVISION, FRUITLAND
Under and by virtue of the power of sale contained in that certain Deed of Trust, dated June 3, 2008, executed by Homes by Bijan, Inc. to the trustees named therein for the benefit of Bay National Bank and recorded among the Land Records of Wicomico County, Maryland (the “Land Records”), in Liber 2939, folio 200, as modified and amended by a Modification of Deed of Trust, dated June 18, 2008, recorded among the Land Records in Liber 2944, folio 054 (collectively, the “Deed of Trust”) and the holder of the indebtedness secured by said Deed of Trust (the “Noteholder”), having subsequently appointed Substitute Trustees (the “Trustees”) by a Deed of Appointment duly executed, acknowledged and recorded, default having occurred under the terms of said Deed of Trust and at the request of the Noteholder, the undersigned Trustee will offer for sale at public auction at the old courthouse steps, located at 101 North Division Street, Salisbury, Maryland, on:
Friday, April 24, 2009, AT 11:00 A.M.
102 Holly Hill Court, Fruitland, Maryland 21826
ALL OF THAT property and any improvements thereon being situate in Wicomico County, Maryland, and being described in the above-referenced Deed of Trust, as follows (“Property #1”):
ALL that tract or parcel of land situate, lying and being in the City of Fruitland, Fruitland Election District of Wicomico County, State of Maryland, located on the Northerly side of and binding upon Holly Hill Court, and being shown and designated as Lot 2, Block “A” on a plat entitled “Holly Hill, Section No. Two,” dated February 7, 2003, prepared by Hampshire, Hampshire & Andrews, Inc., M.R.L.S., and recorded among the Land Records of Wicomico County, Maryland in Plat Cabinet M.S.B. No. 14, Folio 659;
AND BEING part of the same land conveyed unto Homes By Bijan, Inc., by a deed from Donald Edwin Williams, dated June 3, 2008, and recorded among the Land Records of Wicomico County, Maryland, in Liber M.S.B. No, 2939, Folio 173.
SDAT Account Identifier for Property #1 is 16-041610.
Property #1 is believed to be a residential lot containing approximately 16,627 sq. ft., more or less.
and
121 Holly Hill Court, Fruitland, Maryland 21826
ALL OF THAT property and any improvements thereon being situate in Wicomico County, Maryland, and being described in the above-referenced Deed of Trust, as follows (“Property #2”):
ALL that tract or parcel of land situate, lying and being in the City of Fruitland, Fruitland Election District of Wicomico County, State of Maryland, located on the Northerly side of and binding upon Holly Hill Court, and being shown and designated as Lot 19, Block “A” on a plat entitled “Holly Hill, Section No. Two,” dated February 7, 2003, prepared by Hampshire, Hampshire & Andrews, Inc., M.R.L.S., and recorded among the Land Records of Wicomico County, Maryland in Plat Cabinet M.S.B. No. 14, Folio 659;
AND BEING part of the same land conveyed unto Homes By Bijan, Inc., by a deed from Donald Edwin Williams, dated June 18, 2008, and recorded among the Land Records of Wicomico County, Maryland, in Liber M.S.B. No, 2944, Folio 050.
SDAT Account Identifier for Property #2 is 16-041632.
Property #2 is believed to be a residential lot containing approximately 15,048 sq. ft., more or less.
TERMS OF SALE: The Trustee reserves the right to offer and sell the Property #1 and Property #2 (collectively, the “Properties”) either as an entirety or in individual offerings. If the Properties are sold as an entirety, a deposit of $20,000.00 shall be required at the time and place of sale. If a lot is sold individually, a deposit of $10,000.00 will be required for each lot at the time and place of sale. The Properties will be sold in the manner which the Trustee determines will yield the best return for the Noteholder. The balance of the purchase price shall be due in cash or by certified check with interest on the unpaid balance of the purchase price at the rate of eight percent (8%) per annum from the date of sale to and including the date of settlement. In the event the Noteholder, or an affiliate thereof, is the successful bidder at the sale, such party will not be required to make a deposit or to pay interest on the unpaid purchase money. Taxes, water rent and all other municipal charges and liens owed against the Properties shall be the responsibility of the purchaser(s) and shall be paid by the purchaser(s) at settlement. In addition, all other charges, expenses and liens owed against the Properties including, but not limited to, all condominium fees and expenses and public charges and assessments owed against the Properties and payable on an annual basis, such as sanitary and/or metropolitan district charges, if any, shall also be the responsibility of the purchaser(s) and shall be paid by the purchaser(s) at settlement. The cost of all documentary stamps, recordation taxes, document preparation and transfer taxes is to be paid by the purchaser(s). The Trustee reserve the right to reject any and all bids, and to extend the time for settlement, if applicable.
The Properties will be sold in an “AS IS” condition and without any warranties or representations, either express or implied, as to the nature, condition or description of the improvements. In addition, the Properties will also be sold subject to all existing housing, building and zoning code violations, subject to all critical area and wetland violations, subject to all environmental problems and violations which may exist on or with respect to the Properties, and subject to all matters and restrictions of record affecting the same, if any. The purchaser(s) at the foreclosure sale shall assume the risk of loss for the above-referenced Properties immediately after the sale takes place. It shall be the purchaser(s)’ responsibility to obtain possession of the Properties following ratification of the sale by the Circuit Court for Wicomico County, Maryland.
The Properties will be sold subject to all easements (including, but not limited to, those referenced above), conditions, liens (including, but not limited to tax liens), obligations referenced in a Declaration of Covenants of Holly Hill, restrictions, rights of redemption, covenants, encumbrances, such state of facts that an accurate survey or physical inspection of the Properties might disclose, and agreements of record affecting the same, if any.
The purchaser(s) shall pay all state and local transfer taxes, recordation taxes and fees, title examination costs, attorneys’ fees, conveyance fees and all other incidental settlement costs. The purchaser(s) shall settle and comply with the sale terms within twenty (20) days following the final ratification of sale by the Circuit Court for Wicomico County, Maryland, unless said period is extended by the Trustee for good cause shown. Time is of the essence. Settlement shall be held at the offices of Rosenberg | Martin | Greenberg, LLP, 25 South Charles Street, Suite 2115, Baltimore, Maryland 21201.
In the event the purchaser(s) fails to go to settlement as required, in addition to any other legal or equitable remedies available to them, the Trustee may, without further order of the court, declare the aforementioned deposit forfeited and resell the Properties at the purchaser(s)’ risk and expense. In such event, the defaulting purchaser(s) shall be liable for the payment of any deficiency in the purchase price, all costs and expenses of both sales, reasonable attorneys’ fees, all other charges due, and incidental damages. In the event a resale of the Properties results in a sale in excess of the amount originally bid by the defaulting purchaser, the defaulting purchaser waives any and all claims, rights and interest to any such excess amount and shall not be entitled to any distribution whatsoever from the resale proceeds. The parties’ respective rights and obligations regarding the terms of sale and the conduct of the sale shall be governed by and interpreted according to the laws of the State of Maryland.
If the Trustee are unable to convey the Properties as described above, the purchaser(s)’ sole remedy at law or in equity shall be limited to the refund of the aforementioned deposit, without interest thereon. Upon refund of the deposit to the purchaser(s), the sale shall be void and of no effect, and the purchaser(s) shall have no further claim against the Trustees or the Noteholder.
The information contained herein was obtained from sources deemed to be reliable, but is offered for informational purposes only. The Auctioneer, the Noteholder and the Trustees do not make any representations or warranties with respect to the accuracy of this information.
Louis J. Ebert
Substitute Trustee
For further information, contact:
Louis J. Ebert, Esquire
Rosenberg | Martin | Greenberg, LLP
25 South Charles Street, Suite 2115
Baltimore, Maryland 21201
(410)649-4995
or
Doug Marshall
Marshall Auction Marketing Co.,Inc.
2815 N. Salisbury Blvd.
Salisbury, Maryland 21801
(410)749-8092
410.749.8092
888.986.SOLD
302.856.7333
www.MarshallAuctions.com
Contact
Auction Company for Additional
Details. 410-749-8092
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