Upcoming Auctions

Terms of Sale: A deposit of $500,000 in the form of a certified check, a cashier's check or money order, at the time of sale will be required of all purchasers other than the holder of the Deed of Trust or an affiliate. The deposit must be increased to 5% of the purchase price within 2 business days after the date of the foreclosure sale in the office of the auctioneer in the form of a certified check or a cashier's check. Balance of the purchase price is to be paid in immediately available funds within ten (10) business days after the final ratification of sale by the Circuit Court for Prince George's County. If payment of the balance does not take place within ten (10) business days after ratification, the deposit will be forfeited and the property will 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 property. If the property is purchased by someone other than the noteholder or an affiliate, interest shall be paid on the unpaid purchase price at the rate pursuant to the note from date of sale to the date funds are received in the office of the Substitute Trustee. If the settlement is delayed for any reason and the property is purchased by someone other than the noteholder or an affiliate, there shall be no abatement of interest caused by the delay. Taxes, water, sewer, gas, if applicable, to be adjusted to the date of sale and assumed thereafter by the purchaser. All other public charges and assessments payable on an annual basis, including sanitary and/or metropolitan district charges are to be adjusted for the current year to date of sale and assumed thereafter by the purchaser. Cost of all documentary stamps, recordation taxes and transfer taxes shall be borne by the purchaser. The purchaser at the foreclosure sale shall be entitled to receive at settlement an amount equal to all rents actually collected by the noteholder or the receiver, less all operating expenses of the property, for the period from the date of sale to the date of settlement. Neither the Substitute Trustee nor the noteholder shall be liable for payment of any rents not actually collected by the noteholder or the receiver. The purchaser shall be responsible for obtaining physical possession of the property. Additional terms may be announced at the time of sale. If the noteholder is the purchaser of the property at the sale, the amount bid at the sale by the noteholder shall be a credit against the indebtedness secured by the Deed of Trust.

The property will be sold in "AS IS" condition and without any recourse, representations or warranties, either express or implied, as to its nature, condition or description. Neither the Substitute Trustee, the noteholder nor any other party makes any warranty or representation of any kind or nature regarding the physical condition of, the description of, or title to the property. The purchaser at the foreclosure sale shall assume the risk of loss for the property immediately after the sale. The purchaser shall deliver to the Substitute Trustee, within one business day following the sale, an insurance certificate confirming that the purchaser has obtained casualty insurance coverage on the property in the amount of at least the purchase price, naming the Substitute Trustee as additional insured on the policy, and otherwise in form and content acceptable to the Substitute Trustee. The failure of the purchaser to provide such evidence of insurance coverage acceptable to the Substitute Trustee shall constitute grounds for nullifying and voiding the sale.

If the Substitute Trustee is unable to convey the property as described above, by reason of any defect in the title or otherwise, the purchaser's sole remedy at law or in equity shall be limited to the refund of the aforementioned deposit. Upon refund of the deposit to the purchaser, the sale shall be void and of no effect, and the purchaser shall have no further claims against the Substitute Trustee or the noteholder. The conveyance of the property by the Substitute Trustee to the purchaser at settlement shall be by Trustee's Deed without covenant or warranty.

The purchaser is responsible for, and the 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 property and to any governmental requirements affecting the same.

The Substitute Trustee reserves: (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 property from the sale prior to acceptance of the final bid; and (4) the right to cancel or postpone the sale.|

The contract of sale between the Substitute Trustee, as seller, 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 property subject to all matters known and unknown, in "AS IS", WHERE IS" condition. In executing and delivering the Contract of Sale, purchaser acknowledges that purchaser has not relied upon nor been induced by any statements or representations of any person, including the Substitute Trustee, the noteholder or an affiliate or their respective servicers, heirs, personal and legal representatives, agents, employees, successors and assigns (collectively, "Released Parties"), in respect of the condition of the property, including the environmental condition of the 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 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 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 the Released Parties, arising from the condition of or releases from the property pursuant to the Comprehensive Environmental Response, Compensation 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 property. Further, purchaser agrees to indemnify Substitute Trustee for any liability Substitute Trustee may have to any third party for the environmental condition of the 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."

Note: The information contained herein was obtained from sources deemed to be reliable, but is offered for information purposes only. The Auctioneer, the Substitute Trustee and the noteholder 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.