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Auction To Be Held at
Clarence M. Mitchell, Jr. Courthouse
Circuit Court for Baltimore City
 100 N. Calvert Street, Baltimore, MD 21202
Front Court House Steps on

THURSDAY, FEBRUARY 14, 2013
AT 2:30 P.M.

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       THE INFORMATION CONTAINED HEREIN HAS BEEN OBTAINED FROM SOURCES DEEMED RELIABLE AND BELIEVED TO BE ACCURATE. HOWEVER, NO EXPRESS OR IMPLIED WARRANTY IS MADE AS TO THE ACCURACY OF THESE REPRESENTATIONS. ALL DIMENSIONS CONTAINED HEREIN ARE MORE OR LESS.

      Under and by virtue of the power of sale contained in a certain Indemnity Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing from Inner Harbor West LLC and Inner Harbor West II LLC to Jerry S. Sopher, Trustee, dated July 16, 2007, and recorded among the Land Records of Baltimore City, in Liber 9715, folio 338, and an Indemnity Deed of Trust Spreader Agreement and Modification to Indemnity Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing, and Modification to Indemnity Assignment of Leases and Rents with Inner Harbor West II LLC, dated January 15, 2008, and recorded among the Land Records of Baltimore City, in Liber 10348, folio 476, (collectively, the "Deeds of Trust") the holder of the indebtedness secured thereby having appointed Matthew W. Oakey and Thomas C. Dame 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, at the courthouse, the following:

      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 above referenced Deeds of Trust, together with the fixtures, articles of personal property, easements, and all other rights and property, all as granted in and described in the Deeds of Trust (collectively, the "Trust Property").  For a complete legal description of the Trust Property being offered for sale, please review the Deeds of Trust.

      The Westport Waterfront is a carefully planned mixed use development. The site's master plan creates a spectacular community including 2.5 million sq. ft. of office space, 1,400 residential units, 275,000 sq. ft. of retail space and 500 hotel rooms. The plan also includes an eco friendly environment including public parks, biking and walking trails.

Site Photos

PHOTO #1    PHOTO #2    PHOTO #3    PHOTO #4   PHOTO #5    PHOTO #6    PHOTO #7

      LEGAL DESCRIPTIONS OF REAL PROPERTY PARCELS (pdf)

      SKETCH OF REAL PROPERTY PARCELS (pdf)

      ZONING PLANS (pdf)

      LARGE AERIAL PHOTO (pdf)

      Additional Information: Please complete this: Waiver and Confidentiality Agreement (pdf) and return the signed copy to the office of the Auctioneer by fax: 410-296-4420 or email info@ajbillig.com. Additional documents will be sent upon receipt of the signed form.

      Total site comprises 8 unimproved development parcels, which are described in the Baltimore City tax and zoning records as follows:

• Title Parcel # 1A: 2201-2301 Kloman Street. Block 7612, Lot 6; Tax ID 25-05-7612-006; Acreage per tax records - 16.76 acres. Zoned: M-3.
   
• Title Parcel # 1B: 2841 Waterview Avenue. Block 7612, Lot 11; Tax ID 25-05-7612-011; Acreage per tax records - 1.483 acres. Zoned: B-2-3.
   
• Title Parcel # 2: 2099 Kloman Street. Block 7612, Lot 5A; Tax ID 25-05-7612-005A; Acreage per tax records - 0.915 acres. Zoned: B-2-3.
   
• Title Parcel # 3A: 2101-2121 Kloman Street. Block 7612, Lot 5; Tax ID 25-05-7612-005; Acreage per tax records - 11.742 acres. Zoned: B-2-3.
   
• Title Parcel # 3B: 2033 Kloman Street. Block 7612, Lot 3; Tax ID 25-05-7612-003; Acreage per tax records - 25,657 sq. ft. Zoned: B-2-3.
   
• Title Parcel # 3C.  No separate Tax I.D. Number.
   
• Title Parcel # 4: 2001-2031 Kloman Street. Block 7612, Lot 1; Tax ID 25-05-7612-001; Acreage per tax records - 5.693 acres. Zoned: M-3.
   
• Title Parcel # 5: 2401-2417 Kloman Street. Block 7611, Lot 1; Tax ID 25-05-7611-001; Acreage per tax records - 6.690 acres. Zoned: B-2-3.

      TERMS OF SALE: To be sold as an entirety only.  A $500,000 deposit, payable by certified check or cashier's check, will be required of the purchaser at time and place of sale. The deposit is to be increased to 10% of the purchase price within 24 hours at the office of the Auctioneers. The holder of the indebtedness, its affiliates, subsidiaries or designees, and their successors and assigns, if a bidder at the sale, shall not be required to post a deposit, and a credit will be allowed for the mortgage debt. 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.   In the event the settlement is delayed for any reason and the Trust Property is purchased by someone other than the note holder or any of its affiliates, subsidiaries, designees or their successors or assigns, there shall be no abatement of interest caused by the delay.  If payment of the balance does not take place within the specified time, the deposit will be forfeited and the Trust Property may be resold at the risk and expense of the defaulting purchaser.  The defaulting purchaser shall not be entitled to any surplus proceeds or profits resulting from any resale of the Trust Property.  Interest to be charged on the unpaid purchase money at the rate of five percent (5%) per annum as calculated by the note holder.  All adjustments as of date of sale. Taxes and all other public charges and assessments, including sanitary and/or metropolitan district charges, if any, to be adjusted for the current year to date of sale and assumed thereafter by the purchaser. The properties will be sold in "AS IS" condition, without recourse, without express or implied warranty or representation as to the existing zoning, acreage and the nature and description of the improvements (if any), physical condition of, the description of, or the title to the Trust Property as contained herein, and subject to (i) easements, agreements, restrictions or covenants of record affecting same, if any (ii) existing building, subdivision, zoning code and environmental violations, if any, which may exist; (iii) any matters or state of facts that could be ascertained by a physical inspection of the Trust Property or which would be shown on an accurate survey of the Trust Property; and (iv) the right of redemption of the United States government, if any.  The purchaser is responsible for, and the Trust Property is sold subject to, any environmental matter or condition, whether latent or observable, if any, that may exist at or affect or relate to the Trust Property and to any governmental requirements affecting the same.  Purchaser shall be responsible for obtaining physical possession of the Trust Property and assumes the risk of loss or damage to the Trust Property immediately after the sale.  If the Substitute Trustees are unable to convey good and marketable title to the Trust Property, 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, noteholder or Auctioneers.  The conveyance of the Trust Property by the Substitute Trustees to the purchaser at settlement shall be by trustees' deed without covenant or warranty.  Recordation costs, transfer taxes and all other costs incident to settlement to be paid by the purchaser except where otherwise mandated by local, State or Federal law. Time shall be of the essence for the purchaser. No Buyer's Premium!

      The contract of sale between the Substitute Trustees, as sellers, and the purchaser (the "Contract of Sale") shall include, by reference, all the terms and conditions contained herein, specifically including, but not limited to, the following provisions: "Purchaser agrees and represents that the purchaser is purchasing the Trust Property subject to all matters known and unknown, in "AS IS, WHERE IS" condition. In executing and delivering the Contract of Sale, purchaser recognizes purchaser has not relied upon nor been induced by any statements or representations of any person, including the Auctioneers, the Substitute Trustees, the secured party, the note holder or an affiliate, subsidiary or designee thereof, or their respective servicers, heirs, personal and legal representatives, agents, employees, successors and assigns (collectively, "Released Parties"), in respect to the condition of the Trust Property, including the environmental condition to the Trust Property, unless such representations or statements are specifically set forth in the Contract of Sale. Purchaser has not relied on anything in the foreclosure advertisement, but rather has relied solely on such investigations, examinations or inspections of the Trust Property as purchaser has made. Purchaser waives and releases the Released Parties from any and all claims the purchaser or its successors and assigns may have now or in the future relating to the condition of the Trust Property.  Purchaser acknowledges and agrees that this provision was a negotiated part of the Contract of Sale and serves as an essential component of consideration for the same. The parties specifically acknowledge and agree that this clause bars all claims by purchaser against Released Parties, arising from the condition of or releases from the Trust Property pursuant to the Comprehensive Environmental Response, Compensations and Liability Act of 1980, as amended, and all other actions pursuant to federal, state or local laws, ordinances or regulations for any environmental condition of or releases from the Trust Property. Further, purchaser agrees to indemnify Released Parties for any liability they may have to any third party for an environmental condition of the Trust Property.  Notwithstanding the parties' intent that this clause bars all such claims, should a court of competent jurisdiction deem otherwise, purchaser agrees that the presence of this clause should serve as the overwhelming, primary factor in any equitable apportionment of response costs under applicable federal, state or local laws, ordinances, or regulations."

      Authority to cancel this sale rests solely with the Substitute Trustees and/or the Auctioneers. 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 Trust Property from the sale before acceptance of the final bid; and (4) the right to cancel or postpone the sale.

      Note: The information contained herein was obtained from sources deemed to be reliable, but is offered for information purposes only. The Auctioneers, the Substitute Trustees, the note holder and the secured party do not make any representations or warranties with respect to the accuracy of the information contained herein. Prospective purchasers are urged to make their own inspection.

      *Approximate acreage of tax parcels based upon property tax records. Actual acreage may be greater.

Matthew W. Oakey and Thomas C. Dame, Substitute Trustees