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Substitute Trustees' Sale: One-Story Commercial Building And Unimproved Lots in "Laurel"
14107 Baltimore Avenue, Adjoining Lots on Baltimore Ave., & 8307 Holly Street, Laurel, MD 20707
Sale to be held on the premises
ALL THOSE FEE SIMPLE LOTS OF GROUND AND THE IMPROVEMENTS THEREON situated in Prince George's County, MD (Tax ID Numbers 10-1122753, 10-1122761, 10-1122738 and 10-1122712) and more particularly described in the aforesaid Deed of Trust and Security Agreement, as follows:
Being Lot numbered two (2) in Block numbered nine (9) of Oak Crest subdivision Prince George's County; as per plat thereof of record in the office of the Clerk of the Circuit Court for Prince George's County in Plat Book A at Folio 108A as the same was ordered corrected by the Circuit Court for Prince George's County, in the case known as No. 2 Petitions, June Term 1922, recorded in Liber 779, Folio 132.
Being Lot numbered one (1) in Block numbered nine (9), of Oak Crest subdivision Prince George's County; as per plat thereof of record in the office of the Clerk of the Circuit Court for Prince George's County in Plat Book A at Folio 108A as the same was ordered corrected by the Circuit Court for Prince George's County, in the case known as No. 2 Petitions, June Term 1922, recorded in Liber 779, Folio 132.
Being Lots numbered eighteen (18), nineteen (19), and twenty (20), of Block numbered nine (9) of Oak Crest subdivision in Prince George's County, Maryland, as per plat thereof of record in the office of the Clerk of Circuit Court for Prince George's County in Plat Book A at Folio 108A as the same was ordered corrected by the Circuit Court for Prince George's County, in the case known as No. 2 Petitions, June Term 1922, recorded in Liber 779, Folio 132.
Being Lot numbered three (3) in Block numbered nine (9) of Oak Crest subdivision in Prince George's County, Maryland, as per plat thereof of record in the office of the Clerk of Circuit Court for Prince George's County in Plat Book A at Folio 108A as the same was ordered corrected by the Circuit Court for Prince George's County, in the case known as No. 2 Petitions, June Term 1922, recorded in Liber 779, Folio 132.
The property is believed to be improved by a one-story commercial building.
The property and improvements, if any, will be sold in an "AS IS" condition and subject to agreements, easements, covenants, conditions, restrictions, and other matters of record affecting the same, as well as all existing building, zoning and/or environmental restrictions and/or violations, if any, and with no warranty either expressed or implied as to the value, nature, description or condition of the property or improvements.
Being Lot numbered two (2) in Block numbered nine (9) of Oak Crest subdivision Prince George's County; as per plat thereof of record in the office of the Clerk of the Circuit Court for Prince George's County in Plat Book A at Folio 108A as the same was ordered corrected by the Circuit Court for Prince George's County, in the case known as No. 2 Petitions, June Term 1922, recorded in Liber 779, Folio 132.
Being Lot numbered one (1) in Block numbered nine (9), of Oak Crest subdivision Prince George's County; as per plat thereof of record in the office of the Clerk of the Circuit Court for Prince George's County in Plat Book A at Folio 108A as the same was ordered corrected by the Circuit Court for Prince George's County, in the case known as No. 2 Petitions, June Term 1922, recorded in Liber 779, Folio 132.
Being Lots numbered eighteen (18), nineteen (19), and twenty (20), of Block numbered nine (9) of Oak Crest subdivision in Prince George's County, Maryland, as per plat thereof of record in the office of the Clerk of Circuit Court for Prince George's County in Plat Book A at Folio 108A as the same was ordered corrected by the Circuit Court for Prince George's County, in the case known as No. 2 Petitions, June Term 1922, recorded in Liber 779, Folio 132.
Being Lot numbered three (3) in Block numbered nine (9) of Oak Crest subdivision in Prince George's County, Maryland, as per plat thereof of record in the office of the Clerk of Circuit Court for Prince George's County in Plat Book A at Folio 108A as the same was ordered corrected by the Circuit Court for Prince George's County, in the case known as No. 2 Petitions, June Term 1922, recorded in Liber 779, Folio 132.
The property is believed to be improved by a one-story commercial building.
The property and improvements, if any, will be sold in an "AS IS" condition and subject to agreements, easements, covenants, conditions, restrictions, and other matters of record affecting the same, as well as all existing building, zoning and/or environmental restrictions and/or violations, if any, and with no warranty either expressed or implied as to the value, nature, description or condition of the property or improvements.
Summary terms of sale: A deposit of $100,000 in the form of certified check, cashier's check or money order at the time of sale will be required of all purchasers other than the Noteholder or its successors or assigns. The deposit must be increased to 10% of the purchase price within two (2) business days after the sale at the office of the Auctioneer. The 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, except that if the Noteholder, or its successors or assigns, is the purchaser, a credit will be allowed for all mortgage debt (including second mortgage debt and third mortgage debt held by the Noteholder). Time is of the essence. If payment of the balance does not take place within ten (10) business days after ratification, or if the purchaser fails to go to settlement as required, in addition to any other legal or equitable remedy available to the Substitute Trustees, the Substitute Trustees may, without further order of the Court, declare the deposit forfeited and resell the property at the risk and expense of the defaulting purchaser. In such event, the defaulting purchaser shall be liable for the payment of any deficiency in the purchase price sustained by the Substitute Trustees and/or the Noteholder, all costs and expenses of both sales, reasonable attorneys' fees, and any other damages sustained by the Substitute Trustees and/or the Noteholder, including, without limitation, all incidental damages. The defaulting purchaser shall not be entitled to any surplus proceeds or profits resulting from any resale of the property. In the event the property is purchased by someone other than the Noteholder, or its successors or assigns, interest shall be paid on the unpaid purchase money at the rate of eight and one-half percent (8.5%) per annum from date of sale to the date funds are received in the office of the Substitute Trustees. In the event the settlement is delayed for any reason and the property is purchased by someone other than the Noteholder, or its successors or assigns, there shall be no abatement of interest caused by the delay. Taxes, water, sewer, ground rent, condominium fees, and/or homeowners association dues, 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. Purchaser agrees to pay an additional fee of $750.00 for review of any motion which may be subsequently filed with the Court to substitute a purchaser herein. Settlement shall be held at the offices of Friedman & Friedman, LLP, 409 Washington Avenue, Suite 900, Towson, Maryland 21204, or such other place as may be agreed to by the Substitute Trustees. The Substitute 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 will be sold in an "AS IS" condition and without any recourse, representations or warranties, either express or implied, as to its value, nature, condition or description. Neither the Substitute Trustees, the secured party, 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 at the foreclosure sale shall be responsible for obtaining physical possession of the property. If there are tenants(s) in possession of all or part of the property, the Substitute Trustees shall not be responsible for any rent or tenant security deposit.
If the Substitute Trustees are 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, without interest thereon. Upon refund of the deposit to purchaser, the sale shall be void and of no effect, and the purchaser shall have no further claims against the Substitute Trustees or the Noteholder or the Auctioneer. The conveyance of the property by the Substitute Trustees to the purchaser at settlement shall be by Trustees' 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 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 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 Substitute Trustees, the secured party, the note holder 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 Released Parties, arising from the condition of or releases from the 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 property. Further, purchaser agrees to indemnify Substitute Trustees for any liability they may have to any third party for any 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 Trustees, the Noteholder 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.
The property will be sold in an "AS IS" condition and without any recourse, representations or warranties, either express or implied, as to its value, nature, condition or description. Neither the Substitute Trustees, the secured party, 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 at the foreclosure sale shall be responsible for obtaining physical possession of the property. If there are tenants(s) in possession of all or part of the property, the Substitute Trustees shall not be responsible for any rent or tenant security deposit.
If the Substitute Trustees are 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, without interest thereon. Upon refund of the deposit to purchaser, the sale shall be void and of no effect, and the purchaser shall have no further claims against the Substitute Trustees or the Noteholder or the Auctioneer. The conveyance of the property by the Substitute Trustees to the purchaser at settlement shall be by Trustees' 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 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 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 Substitute Trustees, the secured party, the note holder 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 Released Parties, arising from the condition of or releases from the 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 property. Further, purchaser agrees to indemnify Substitute Trustees for any liability they may have to any third party for any 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 Trustees, the Noteholder 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.
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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.




