"Monkton" 25.13± Acres - Scenic, Rolling Parcel of Land

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Listing Details

Sold Price
$385,000
Auction Date
Auction Time
11:00 AM
Address
North Side of Matthews Road (16330 Matthews Road), Monkton, MD, 21111
County
Baltimore County
Neighborhood
Monkton
Additional Documents
Scroll down for Complete Details, including: property description, additional photos, and Terms of Sale.

Additional Photos

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Shapiro Sher Guinot & Sandler, Solicitors
36 S. Charles Street - Suite 2000
Baltimore, MD 21201

SUCCESSOR TRUSTEES' AUCTION
                   
MONKTON

25.13± ACRES
Scenic, Rolling Parcel of Land

 

Sale On Premises
North Side of
MATTHEWS ROAD
(16330 Matthews Road)
Approximately 400' East of Corbett Road
Baltimore County, MD 21111

THURSDAY, APRIL 10, 2014
AT 11:00 A.M.

For directions from your location, visit: maps.google.com


By virtue of the power of sale contained in that certain Deed of Trust (the "DOT") from Andrew G. Shank and Barbara N. Shank dated November 12, 2001, and recorded among the Land Records of Baltimore County, Maryland at Liber 15815, folio 488, the holder of the indebtedness secured thereby having appointed Scott W. Foley and Joseph A. Pulver, as Successor Trustees, by instrument dated October 23, 2013 and duly recorded among the Land Records at Liber 34393, folio 008, default having occurred, and at the request of the party secured thereby, the Successor Trustees will offer in the matter of Scott W. Foley and Joseph A. Pulver, Successor Trustees v. Andrew G. Shank, Barbara N. Shank, Justin Andrew Shank and Katrina Nason Shank (Case No. 03-C-13-012882), for sale at public auction on the premises, the following:


ALL THAT FEE-SIMPLE LOT OF GROUND WITH ANY IMPROVEMENTS THEREON situated in Baltimore County, Maryland as more fully described in the DOT, LESS


(i) the 2.27 +/- acres conveyed from Andrew G. Shank and Barbara N. Shank to Shelley Development Company, Inc. by Deed dated May 7, 1992 and recorded among the Land Records of Baltimore County at Liber 9191, folio 537 designated as Lot #1 as shown on a plat dated October 30, 1991 and recorded among the Minor Subdivision and Streams Plat Book Records of Baltimore County, Maryland in Plat Book 1, folio 32 (the "Plat"); and


(ii) the 4.17 +/- acres conveyed from Andrew G. Shank and Barbara N. Shank to Shelley Development Company, Inc. by Deed dated May 7, 1992 and recorded among the Land Records of Baltimore County at Liber 9191, folio 525 designated as Lot #2 as shown on the Plat.


TOGETHER WITH any structures, improvements or appurtenances now erected and affixed on the above-described land (the "Property").


SUBDIVISION PLAT (pdf)


ZONING INFORMATION (pdf)


DEED OF TRUST (pdf)


PERC TEST REPORT (pdf)


PERC TEST DIAGRAM (pdf)


PROPERTY DESCRIPTION:  The Property is believed to be located in the rear of 16326 and 16328 Matthews Road.  Access is from an approximately 30' wide strip of land fronting on the north side of Matthews Road and bounding the east side of 16328 Matthews Road (Lot #1 above). The site is rolling, having a large elevated meadow surrounded by forest buffer.  The Property is believed to be located in an RC-7 zoning district, which may allow for one home site.  According to the Baltimore County government web site, nearby public schools are Sparks Elementary, Hereford Middle and Hereford High.  The surrounding area is comprised of historic and custom homes and farms.


TERMS OF SALE:  A deposit of Twenty Thousand Dollars ($20,000.00) will be required of the purchaser at the time and place of sale, such deposit to be in cash, certified check or cashier's check.  The deposit, which shall not accrue interest, must be increased to equal ten percent (10%) of the purchase price no later than ten (10) days after the date of the sale.  The holder of the indebtedness secured by the DOT or any agent, assignee, affiliate, subsidiary or successor thereof (collectively, the "Secured Party"), if a bidder, shall not be required to post a deposit or pay interest on the unpaid purchase money and shall be entitled to debt bid.  Balance of the purchase price, together with interest thereon at a rate of fifteen percent (15%) per annum from the date of the sale to the date that the funds are received by the Successor Trustees, are due in cash or certified funds within ten (10) days following final ratification of sale by the Circuit Court for Baltimore County (the "Court"). The Successor Trustees shall also require execution of a Contract of Sale immediately upon completion of the sale.  TIME IS OF THE ESSENCE.  Purchaser acknowledges its obligation to settle within ten (10) days of ratification of sale.  If payment of the balance does not take place within ten (10) days of ratification, in addition to any other legal or equitable remedies available, the Successor Trustees may declare the deposit for the Property forfeited and resell the Property at the risk and cost of the defaulting purchaser.  In such event, the Successor Trustees may file a motion and order to resell the Property and the defaulting purchaser shall be liable for the payment of any deficiency in the purchase price, all costs and expenses of the original sale and the resale of the Property, attorneys' fees and all other charges incurred by the Successor Trustees or the Secured Party including, but not limited to, all incidental damages.  Purchaser hereby waives personal service of any paper filed in connection with such a motion on himself, herself and/or any principal or corporate designee, and expressly agrees to accept service of any such paper by first-class mail directed to the address provided by such purchaser at the time of sale, and consents to entry of such resale order.  The defaulting purchaser shall not be entitled to any surplus proceeds or profits from resale of the Property.  If settlement is delayed for any reason whatsoever, including, but not limited to, exceptions to sale, bankruptcy filings by interested parties, administration of foreclosure by the Court, provided the Property is purchased by someone other than the Secured Party, there shall be no abatement of interest caused by the delay. 


All taxes, ground rent, water rent, homeowner association charges, and all other public and private charges and assessments including, without limitation, paving, sanitary and/or metropolitan district charges that are owed against the Property shall be adjusted as of the date of sale and borne thereafter by the purchaser (and paid for by the purchaser at settlement).  In addition, the cost of all documentary stamps, transfer taxes, agricultural transfer taxes, title insurance, title examination costs, survey costs, and all other settlement expenses incidental to conveyance of the Property, shall be borne by the purchaser and paid for by the purchaser at settlement.  Notwithstanding anything contained herein to the contrary, the Successor Trustees are not imposing a requirement on the purchaser to pay additional legal fees incurred by the Successor Trustees associated with the settlement (including, fees for any attorney who reviews settlement documents on behalf of the Successor Trustees).  The cost of any supplemental foreclosure bond, if required, following the sale shall be borne by the purchaser.


The Property will be sold in an "AS IS, WHERE IS" condition with "ALL FAULTS" and without any recourse, representations or warranties, either express or implied, as to its nature, condition, value, use or description.  The Successor Trustees, the Secured Party or any other party do not make any warranty or representation of any kind or nature, including, without limitation, the physical condition of, description of, or title to the Property. Purchaser shall be responsible for obtaining physical possession of the Property following final ratification of the sale by the Court and conveyance of the Property by the Successor Trustees to the purchaser.  The purchaser shall assume the risk of loss for the Property immediately after the sale.


The Property is being sold subject to all encumbrances that are not extinguished by operation of law by the sale, and subject to all easements, equitable servitudes, conditions, rights of way, restrictions, rights of redemption, covenants, declarations and restrictions of record affecting the Property. Provided, however, if the sale is ratified by the Court, the Successor Trustees will cause that certain Deed of Trust from Andrew G. Shank and Barbara N. Shank dated June 4, 1993, and recorded among the Land Records at Liber 9817, folio 109, as assigned, to be released at the foreclosure settlement from the proceeds of the of the sale.  Furthermore, the Property is being sold subject to all nuisances, building code violations, zoning code violations, critical area and wetland violations, and environmental problems, conditions and hazards, whether latent or observable, which may exist on or with respect to the Property. In addition, the Property is being sold subject to such state of facts that an accurate survey or physical inspection of the Property might disclose.


If the Successor Trustees are unable to convey title to the Property as provided herein, the sole remedy at law or in equity for the purchaser thereof shall be limited to the refund of the deposit, without interest thereon. Upon refund of the deposit, the sale of the Property shall be void and of no effect, and such purchaser shall have no further claims against the Successor Trustees, Secured Party or the Auctioneer.  The conveyance of the Property by the Successor Trustees to the purchaser at settlement shall be by Trustees' Deed without covenant, warranty or representations whatsoever.


Note:  The information contained herein was obtained from sources deemed to be reliable, but is offered for information purposes only.  The Successor Trustees, the Secured Party and the Auctioneer do not make any representations or warranties whatsoever with respect to the accuracy of the information contained herein.  All square footage, acreage, and other measurements, if any, are approximate.  Prospective purchasers are urged to make their own inspection.  Until an offer is finally accepted by the Successor Trustees, it is subject to higher and better offers.  The Successor Trustees reserve the right to reject any and all bids or withdraw the Property from sale at any time before the sale in their sole discretion.  The Successor Trustees may adjourn and/or continue the sale at any time and close the sale.  If any dispute arises among the bidders, the Successor Trustees shall have the sole and final discretion either to determine the successful bidder or reoffer and resell the Property.  The parties' respective rights and obligations regarding the terms of the sale and the conduct of the sale shall be governed and interpreted under the laws of the State of Maryland.  Further particulars may be announced at time of sale.  This advertisement, as amended or supplemented, constitutes the terms upon which the Property shall be offered for sale, sold or purchased.  Please see the Auctioneer's web site to view a copy of the DOT, Plat, aerial photographs, Baltimore County zoning information, advance registration and broker participation details.


No Buyer's Premium


Scott W. Foley and Joseph A. Pulver, Successor Trustees