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SUBSTITUTE TRUSTEES' SALE: TWO ADJOINING MULTI-TENANT OFFICE BUILDINGS IN "FREDERICK"
214-216 W. Patrick St., Frederick, MD 21701
Auction to be held at: The front steps of the Circuit Court for Frederick County located at 100 West Patrick Street, Frederick, Maryland 21701.
The properties are believed to be improved by two adjoining office buildings located approx. 2 blocks west of the Frederick County Courthouse. According to the Maryland Tax Assessment records, the total combined land area is approx. 0.52 acre. There is parking in the rear of the properties.
All that tract or parcel of land situate, lying and being in Frederick County, Maryland, with all improvements thereon, and more particularly described as follows (collectively, the "Property"):
PARCEL ONE - 214 West Patrick Street
BEGINNING for the same on the South side of West Patrick Street, at the beginning of the dividing line between the property hereby conveyed and the lot formerly belonging to William H. Brengle on the west and running thence with said dividing line, (1) South 11-1/2 degrees east, 43.3 feet, thence; (2) South 79-3/4 degrees west, 8.3 feet, thence; (3) South 19-1/2 degrees west, 239 feet, thence; (4) South 72-1/2 degrees east, 31 feet, thence; (5) North 19-1/2 degrees east 266.6 feet, thence; (6) North 81-1/2 degrees east, 10 feet, thence; (7) North 13-1/2 degrees west, 35.1 feet, to the South side of West Patrick Street, thence with the South side of West Patrick Street; (8) South 79-1/2 degrees west, 45.6 feet to the place of beginning; and then
BEGINNING at a point, being the end of the second line of the land described and conveyed in a deed from Maude I. Alexander to Leroy Thompson and wife, dated October 16, 1953, and recorded in Liber 552, folio 531, among the Land Records of Frederick County, and running thence by and with the third line of said deed, 21 feet to the end of the second line of a right-of-way described as parcel third in a deed from Mary I. Alexander to Charles W. Stup, Charles Robert Stup, and Beatrice S. Stup, dated September 4, 1956, and recorded among the Land Records of Frederick County at Liber 570, folio 82; thence by and with the third and fourth lines of said right-of-way, North 18 degrees, 28 minutes east, 17 feet, thence; South, 75 degrees; 15 minutes east; 19.2 feet, thence; by straight line to the point-of beginning.
Together with the following-described rights-of-way:
(a) A non-exclusive right-of-way over the third parcel of land conveyed unto Charles W. Stup, et al, from Mary I. Alexander by the aforesaid deed.
(b) A non-exclusive right-of-way 12 feet wide over and across the property adjacent to and north of the 5th line of the property conveyed unto Elvin W. Grossnickle and wife, by Charles Robert Stup, and wife, dated June 30, 1967, and recorded in Liber 768, folio 140, among the Land Records of Frederick County, and the above rights-of-way (a) and (b) being for the purpose of ingress and egress to and from Phebus Avenue.
(c) A right-of-way for access to and from West Patrick Street for the benefit of PARCEL ONE as described in a right-of-way, common use and maintenance agreement of even date herewith among the owners of 210, 214, 216, 216A, 218, 220, 222 and 228 West Patrick Street recorded in Liber 1418, folio 2.
(d) A non-exclusive right-of-way 12.02 feet in width on, over and across the lands known as 216 and 216A West Patrick Street, beginning for the same at the East boundary of 218 West Patrick Street and running thereon with the entire distance of the second line of the right-of-way described as "Parcel 4" in the right-of-way, common use and maintenance agreement hereinabove last mentioned, and thence traversing the entire width of the said 216 and 216A West Patrick Street property on a course parallel to the course described in said agreement to the West boundary of the property herein intended to be conveyed, of an even width of 12.02 feet, said right-of-way to be used for the purposes described in said agreement and for the purpose of vehicular and pedestrian ingress and egress from and to West Patrick Street. In the event that the gravel drive as presently constructed and employed for the purposes set forth in said agreement is not located upon the right-of-way as described herein or in said agreement, then the Grantee shall have the right to use the drive as presently constructed until it is relocated by the respective responsible owners.
The real property being generally known as 214 West Patrick Street, Frederick, Maryland 21701 and having a tax account number of 02-069164.
PARCEL 2 - 216 and 216 A West Patrick Street
Beginning on the South side of West Patrick Street at the Northeast corner of a house formerly the property of the heirs of Albert Hobbs and running thence with the South side of West Patrick Street so as to include a shop constructed in a former inlet or alley; (1) North 79 degrees 00' East 32.70 feet to the corner of the building known as 214 West Patrick Street and running thence (2) South 10 degrees 45' East 44.30 feet, thence to exclude a building on the adjacent lot, (3) South 79 degrees 00' West 8.30 feet thence, (4) South 17 degrees 20' West 239.00 feet thence (5) North 74 degrees 30' West, 29.00 feet to the end of a concrete block wall, thence (6) North 17 degrees 20' East 207.69 feet to the end of a wall thence by and with said wall three courses and distances, (7) South 78 degrees 10' East 7.37 feet, thence (8) North 17 degrees 20' East 17.50 feet, thence (9) North 0 degrees 30' East 10.75 feet to the corner of the building known as 218 West Patrick Sheet, thence with said building (10) North 12 degrees 00' West 35.83 feet to the place of beginning, containing 8,016 square feet of land more or less, said property known as 216 and 216A West Patrick Street, Frederick, Maryland.
BElNG all the same property described as "Third Parcel: (a)" in a deed from Jay D. Kline and Garvin E. Tankersley, Jr. to Historic Restoration Limited Partnership dated May 6, 1981 and recorded among the Land Records of Frederick County, Maryland at Liber 1145, folio 865.
Especially including a joint right-of-way over the third and fourth parcels of the property conveyed to Charles W. Stup, Charles Robert Stup and Beatrice S. Stup, by Mary I. Alexander, by deed dated September 4, 1956, and recorded in Liber 570, folio 82, one of the aforesaid Land Records, leading to and from Phebus Avenue to the southwest corner and end of the fifth line of the herein conveyed property.
Together with the following described rights-of-way:
a) A non-exclusive common right-of-way centered on and traversing the length of the westerly line of the property identified as PARCEL ONE in a certain deed from the Grantor herein unto 214 West Patrick Street Associates described above (which divides the property described herein as PARCEL ONE from the property known as 214 West Patrick Street) extending from the northerly boundary of Phebus Avenue through PARCEL THREE to the intersection of said westerly line aforesaid with the 12.02 foot right-of-way hereinbelow next described, to be of a total width of twelve (12) feet, six (6) feet on either side of said dividing line as if such dividing line were extended on the same course to Phebus Avenue, to be used solely for the purpose of ingress and egress from and to Phebus Avenue for the benefit of adjacent properties in the event that all physical obstructions to the use of same are subsequently removed.
The real property being generally known as 216 West Patrick Street, Frederick, Maryland 21701 and having a tax account number of 02-113295.
Being all and the same property conveyed in a Deed from 214 West Patrick Associates unto Mark II of Frederick County, LLC dated June 27, 2000 and recorded June 30, 2000 in Book 2732, folio 94 among the Land Records of Frederick County, Maryland.
Click Here For The Full Sale Terms In PDF Format
All that tract or parcel of land situate, lying and being in Frederick County, Maryland, with all improvements thereon, and more particularly described as follows (collectively, the "Property"):
PARCEL ONE - 214 West Patrick Street
BEGINNING for the same on the South side of West Patrick Street, at the beginning of the dividing line between the property hereby conveyed and the lot formerly belonging to William H. Brengle on the west and running thence with said dividing line, (1) South 11-1/2 degrees east, 43.3 feet, thence; (2) South 79-3/4 degrees west, 8.3 feet, thence; (3) South 19-1/2 degrees west, 239 feet, thence; (4) South 72-1/2 degrees east, 31 feet, thence; (5) North 19-1/2 degrees east 266.6 feet, thence; (6) North 81-1/2 degrees east, 10 feet, thence; (7) North 13-1/2 degrees west, 35.1 feet, to the South side of West Patrick Street, thence with the South side of West Patrick Street; (8) South 79-1/2 degrees west, 45.6 feet to the place of beginning; and then
BEGINNING at a point, being the end of the second line of the land described and conveyed in a deed from Maude I. Alexander to Leroy Thompson and wife, dated October 16, 1953, and recorded in Liber 552, folio 531, among the Land Records of Frederick County, and running thence by and with the third line of said deed, 21 feet to the end of the second line of a right-of-way described as parcel third in a deed from Mary I. Alexander to Charles W. Stup, Charles Robert Stup, and Beatrice S. Stup, dated September 4, 1956, and recorded among the Land Records of Frederick County at Liber 570, folio 82; thence by and with the third and fourth lines of said right-of-way, North 18 degrees, 28 minutes east, 17 feet, thence; South, 75 degrees; 15 minutes east; 19.2 feet, thence; by straight line to the point-of beginning.
Together with the following-described rights-of-way:
(a) A non-exclusive right-of-way over the third parcel of land conveyed unto Charles W. Stup, et al, from Mary I. Alexander by the aforesaid deed.
(b) A non-exclusive right-of-way 12 feet wide over and across the property adjacent to and north of the 5th line of the property conveyed unto Elvin W. Grossnickle and wife, by Charles Robert Stup, and wife, dated June 30, 1967, and recorded in Liber 768, folio 140, among the Land Records of Frederick County, and the above rights-of-way (a) and (b) being for the purpose of ingress and egress to and from Phebus Avenue.
(c) A right-of-way for access to and from West Patrick Street for the benefit of PARCEL ONE as described in a right-of-way, common use and maintenance agreement of even date herewith among the owners of 210, 214, 216, 216A, 218, 220, 222 and 228 West Patrick Street recorded in Liber 1418, folio 2.
(d) A non-exclusive right-of-way 12.02 feet in width on, over and across the lands known as 216 and 216A West Patrick Street, beginning for the same at the East boundary of 218 West Patrick Street and running thereon with the entire distance of the second line of the right-of-way described as "Parcel 4" in the right-of-way, common use and maintenance agreement hereinabove last mentioned, and thence traversing the entire width of the said 216 and 216A West Patrick Street property on a course parallel to the course described in said agreement to the West boundary of the property herein intended to be conveyed, of an even width of 12.02 feet, said right-of-way to be used for the purposes described in said agreement and for the purpose of vehicular and pedestrian ingress and egress from and to West Patrick Street. In the event that the gravel drive as presently constructed and employed for the purposes set forth in said agreement is not located upon the right-of-way as described herein or in said agreement, then the Grantee shall have the right to use the drive as presently constructed until it is relocated by the respective responsible owners.
The real property being generally known as 214 West Patrick Street, Frederick, Maryland 21701 and having a tax account number of 02-069164.
PARCEL 2 - 216 and 216 A West Patrick Street
Beginning on the South side of West Patrick Street at the Northeast corner of a house formerly the property of the heirs of Albert Hobbs and running thence with the South side of West Patrick Street so as to include a shop constructed in a former inlet or alley; (1) North 79 degrees 00' East 32.70 feet to the corner of the building known as 214 West Patrick Street and running thence (2) South 10 degrees 45' East 44.30 feet, thence to exclude a building on the adjacent lot, (3) South 79 degrees 00' West 8.30 feet thence, (4) South 17 degrees 20' West 239.00 feet thence (5) North 74 degrees 30' West, 29.00 feet to the end of a concrete block wall, thence (6) North 17 degrees 20' East 207.69 feet to the end of a wall thence by and with said wall three courses and distances, (7) South 78 degrees 10' East 7.37 feet, thence (8) North 17 degrees 20' East 17.50 feet, thence (9) North 0 degrees 30' East 10.75 feet to the corner of the building known as 218 West Patrick Sheet, thence with said building (10) North 12 degrees 00' West 35.83 feet to the place of beginning, containing 8,016 square feet of land more or less, said property known as 216 and 216A West Patrick Street, Frederick, Maryland.
BElNG all the same property described as "Third Parcel: (a)" in a deed from Jay D. Kline and Garvin E. Tankersley, Jr. to Historic Restoration Limited Partnership dated May 6, 1981 and recorded among the Land Records of Frederick County, Maryland at Liber 1145, folio 865.
Especially including a joint right-of-way over the third and fourth parcels of the property conveyed to Charles W. Stup, Charles Robert Stup and Beatrice S. Stup, by Mary I. Alexander, by deed dated September 4, 1956, and recorded in Liber 570, folio 82, one of the aforesaid Land Records, leading to and from Phebus Avenue to the southwest corner and end of the fifth line of the herein conveyed property.
Together with the following described rights-of-way:
a) A non-exclusive common right-of-way centered on and traversing the length of the westerly line of the property identified as PARCEL ONE in a certain deed from the Grantor herein unto 214 West Patrick Street Associates described above (which divides the property described herein as PARCEL ONE from the property known as 214 West Patrick Street) extending from the northerly boundary of Phebus Avenue through PARCEL THREE to the intersection of said westerly line aforesaid with the 12.02 foot right-of-way hereinbelow next described, to be of a total width of twelve (12) feet, six (6) feet on either side of said dividing line as if such dividing line were extended on the same course to Phebus Avenue, to be used solely for the purpose of ingress and egress from and to Phebus Avenue for the benefit of adjacent properties in the event that all physical obstructions to the use of same are subsequently removed.
The real property being generally known as 216 West Patrick Street, Frederick, Maryland 21701 and having a tax account number of 02-113295.
Being all and the same property conveyed in a Deed from 214 West Patrick Associates unto Mark II of Frederick County, LLC dated June 27, 2000 and recorded June 30, 2000 in Book 2732, folio 94 among the Land Records of Frederick County, Maryland.
TERMS OF SALE: A deposit in the amount of Fifty Thousand Dollars ($50,000.00), payable by cashier's check or certified check, will be required of the purchaser of the Property at the time and place of sale. The balance of the purchase price, together with interest thereon at the rate of ten percent (10%) per annum from the date of sale to the date of settlement, shall be due from the purchaser in cash or by certified check within twenty (20) days following final ratification of the sale by the Circuit Court for Frederick County, Maryland. Time is of the essence. If ratification or settlement is delayed for any reason, there shall be no abatement of interest. Settlement shall be held at the offices of Gebhardt & Smith LLP, One South Street, Suite 2200, Baltimore, Maryland 21202, or such other place as may be agreed to by the Trustees. In the event the Noteholder, or an affiliate or subsidiary 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 price. The Trustees reserve the right in their discretion to reject any and all bids, to withdraw the Property from sale and to extend the time for settlement.
The Property is being sold in an "AS IS" condition and without any warranties or representations of any kind, either express or implied, as to the value, nature, condition or description of the Property or the improvements thereon. The Property is also being sold subject to: (a) all existing building and zoning code violations; (b) all critical area and wetland violations; (c) all environmental problems, conditions and violations which may exist on or with respect to the Property; (d) all senior liens, encumbrances, easements, conditions, restrictions, agreements and covenants which are not extinguished as a matter of law by the foreclosure sale; (e) all rights of redemption, and (f) such state of facts that an accurate survey or physical inspection of the Property might disclose.
All senior liens, real estate taxes and water charges owed against the Property which are not extinguished as a matter of law by the foreclosure sale and the cost of all documentary stamps, recordation taxes, transfer taxes, title examination costs and other costs associated with conveying the Property to the purchaser, shall be the sole responsibility of the purchaser and shall be paid for by the purchaser at settlement.
The purchaser at the foreclosure sale shall assume the risk of loss for the Property immediately after the sale takes place. It shall be the purchaser's responsibility to obtain possession of the Property following final ratification of the sale by the Circuit Court for Frederick County, Maryland and conveyance of the Property by the Trustees to the purchaser.
In the event the purchaser fails to go to settlement as required, in addition to any other legal or equitable remedies available to the Trustees, the Trustees may, without further order of the court, declare the aforementioned deposit forfeited and resell the Property at the purchaser's sole risk and expense. In such event, the defaulting purchaser shall be liable for the payment of any deficiency in the purchase price sustained by the Trustees and/or the Noteholder, all costs and expenses of both sales, reasonable attorneys' fees, and any other damages sustained by the Trustees and/or the Noteholder, including, without limitation, all incidental damages. If the Trustees are unable to convey the Property as described above, the purchaser's sole remedy at law or in equity shall be limited to a refund of the aforementioned deposit, without interest thereon. Upon refund of the deposit to the purchaser as aforesaid, the sale shall be void and of no effect, and the purchaser shall have no further claim against the Trustees, the Noteholder or the Auctioneer conducting the sale of the Property. The parties' respective rights and obligations regarding the terms and conduct of the sale shall be governed by the laws of the State of Maryland.
The Property is being sold in an "AS IS" condition and without any warranties or representations of any kind, either express or implied, as to the value, nature, condition or description of the Property or the improvements thereon. The Property is also being sold subject to: (a) all existing building and zoning code violations; (b) all critical area and wetland violations; (c) all environmental problems, conditions and violations which may exist on or with respect to the Property; (d) all senior liens, encumbrances, easements, conditions, restrictions, agreements and covenants which are not extinguished as a matter of law by the foreclosure sale; (e) all rights of redemption, and (f) such state of facts that an accurate survey or physical inspection of the Property might disclose.
All senior liens, real estate taxes and water charges owed against the Property which are not extinguished as a matter of law by the foreclosure sale and the cost of all documentary stamps, recordation taxes, transfer taxes, title examination costs and other costs associated with conveying the Property to the purchaser, shall be the sole responsibility of the purchaser and shall be paid for by the purchaser at settlement.
The purchaser at the foreclosure sale shall assume the risk of loss for the Property immediately after the sale takes place. It shall be the purchaser's responsibility to obtain possession of the Property following final ratification of the sale by the Circuit Court for Frederick County, Maryland and conveyance of the Property by the Trustees to the purchaser.
In the event the purchaser fails to go to settlement as required, in addition to any other legal or equitable remedies available to the Trustees, the Trustees may, without further order of the court, declare the aforementioned deposit forfeited and resell the Property at the purchaser's sole risk and expense. In such event, the defaulting purchaser shall be liable for the payment of any deficiency in the purchase price sustained by the Trustees and/or the Noteholder, all costs and expenses of both sales, reasonable attorneys' fees, and any other damages sustained by the Trustees and/or the Noteholder, including, without limitation, all incidental damages. If the Trustees are unable to convey the Property as described above, the purchaser's sole remedy at law or in equity shall be limited to a refund of the aforementioned deposit, without interest thereon. Upon refund of the deposit to the purchaser as aforesaid, the sale shall be void and of no effect, and the purchaser shall have no further claim against the Trustees, the Noteholder or the Auctioneer conducting the sale of the Property. The parties' respective rights and obligations regarding the terms and conduct of the sale shall be governed by the laws of the State of Maryland.
Click Here For The Full Sale Terms In PDF Format
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Note: The information contained herein was obtained from sources deemed reliable, but is offered for informational purposes only. The Auctioneer, the Sellers, and their respective agents and representatives 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.
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