Holderness, Menchel & Alter, LLC, Solicitors
1029 N. Calvert Street, 2nd Floor
Baltimore, MD 21202
SUBSTITUTE TRUSTEES' AUCTION
WEST FOREST PARK
Sale On Premises
4115 FAIRVIEW AVENUE
Off 3200 Oakfield Avenue
Baltimore, MD 21216
WEDNESDAY, MAY 20, 2009
AT 2:00 P.M.
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Under and by virtue of the power of sale contained in a certain Deed of Trust from L.C.M. Investments, Inc. to the Trustee therein, dated July 24, 2007, and recorded among the Land Records of Baltimore City, in Liber 9764, Page 488, the holder of the indebtedness secured thereby having appointed James W. Holderness and Daniel Menchel 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 $90 ground rent, payable in equal semi-annual installments on the fourth days of May and November in each and every year; lot size 18'3" x 152', more or less. BLOCK PLAT (pdf)
The improvements are believed to comprise a two story brick inside-group townhome. The home has a covered front porch and is believed to contain a living room, dining room, kitchen, 3 bedrooms, bath and basement. According to public tax records, the home was constructed in 1926 and contains 1,288 square feet of living area and 676 square feet of basement space.
TERMS OF SALE: A $5,000 deposit, payable by certified check or 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 Auctioneerâ€™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 stated in the Note executed in connection with the foreclosed Deed of Trust, from date of sale to date of settlement. If settlement is delayed for any reason, there will be no abatement of interest. All adjustments as of date of sale. Taxes, ground rent and all other public charges and assessments payable on an annual basis, 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 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 sale 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, including a $300 document review fee by the Sellerâ€™s attorney, to be paid by the purchaser. Time shall be of the essence for the purchaser.
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James W. Holderness and Daniel Menchel,