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Go Back WednesdayMarch 29, 2017 — 12:00pm


Substitute Trustees' Sale: The Winery At Elk Manor, A Premier Event Venue Consisting Of 5 Parcels Totaling 157.5± Acres With Substantial Water Frontage On Elk River Including A Manor House, 2 Wedding/Event Halls, 2 Commercial Kitchens, 4 Residential Buildings, 2 Barns And Numerous Outbuildings; Also Includes A 7± Acre Vineyard

88 Rivers Edge Rd., North East, MD 21901

Location: To be held at The front entrance of the Cecil County Circuit Courthouse, 129 East Main St., Elkton, Maryland 21921

Under and by virtue of the power of sale contained in that certain Indemnity Deed of Trust (“Deed of Trust”), dated April 2, 2015, executed and delivered by The Winery at Elk Manor, LLC to the trustees named therein for the benefit of the holder of the indebtedness (the “Noteholder”), recorded among the Land Records of Cecil County, Maryland, in Book 3735, page 0390, and whereas, Louis J. Ebert and Harris W. Eisenstein, Substitute Trustees (the “Trustees”) were substituted and appointed as trustees under said Deed of Trust pursuant to the terms of a Deed of Appointment of Substitute Trustees, dated August 8, 2016, executed, acknowledged, and recorded among the Land Records of Cecil County, Maryland, in Book 3931, page 247, and whereas, a default having occurred under the terms of said Deed of Trust, and at the request of the Noteholder, the Trustees will offer for sale to the highest qualified bidder at a public auction, at the front entrance of the Cecil County Circuit Courthouse, 129 East Main St., Elkton, Maryland 21921 that certain real property described below, on: Wednesday, March 29, 2017 at 12:00 p.m.

All that land situate in the City of North East commonly known as 88 Rivers Edge Road, together with the improvements thereon (the “Property”) as follows:

Tax Map 46, Parcel 218 – Tax ID #05-101883

BEGINNING for the same at a point on the division line between the lands now or formerly of Philip R. Cramer (W.A.S 112/523) and the lands of Martin D. Gerhart (N.D.S. 209/603) said beginning point further being the northeasternmost corner of the herein described parcel of land as shown on a survey plat entitled “MINOR SUBDIVISION LOT 3, the Lands of Martin D. Gerhart”, prepare by McCrone, Inc. in July 1992 and filed among the land records of the Office of Planning and Economic Development of Cecil County, Maryland, as Minor Subdivision No. 2510’ thence leaving said beginning pointy so fixed and running for new lines of division through the aforesaid lands of Martin D. Gerhart the ten (10) following courses and distances:

            (1)       South 51 degrees 22 minutes 08 seconds West 246.08 feet to a point thence

            (2)       South 41 degrees 35 minutes 38 seconds West 39.53 feet to a point thence

            (3)       South 30 degrees 16 minutes 59 seconds West 77.16 feet to a point thence

            (4)       South 18 degrees 10 minutes 54 seconds West 71.32 feet to a point thence

            (5)       South 06 degrees 42 minutes 31 seconds West 74.88 feet to a point thence

            (6)       South 05 degrees 47 minutes 16 seconds West 124.47 feet to a point thence

            (7)       South 17 degrees 03 minutes 15 seconds West 98.82 feet to a point thence

            (8)       South 28 degrees 19 minutes 23 seconds West 172.98 feet to a point thence

            (9)       South 62 degrees 22 minutes 20 seconds West 107.48 feet to an iron pin with cap

                        set; and thence

            (10)     South 27 degrees 37 minutes 40 seconds East 673.72 feet to a point on the approximate mean high water line of the Elk River passing in transit an iron pin with cap set 25.00 feet from the end thereof; thence binding on the approximate mean high water line of the Elk River the five (5) courses and distances:                      

                        (1)       South 60 degrees 55 minutes 54 seconds West 66.27 feet to a point; thence

                        (2)       South 70 degrees 47 minutes 19 seconds West 60.38 feet to a point; thence

                        (3)       South 72 degrees 56 minutes 00 seconds West 76.81 feet to a point; thence

                        (4)       South 77 degrees 04 minutes 33 seconds West 94.27 feet to a point; thence

                        (5)       South 84 degrees 19 minutes 58 seconds West 34.64 feet to a point; thence

                        (6)       Leaving the approximate mean high water line of the Elk River and running for new lines of division through the aforementioned lands of Martin D. Gerhart the ten (10) following courses and distances:

                        (1)       North 27 degrees 37 minutes 40 seconds West 615.59 feet to an iron pin

                                    with cap set passing in transit an iron pin with cap set 25.00 feet from the beginning thereof; thence

                        (2)       North 62 degrees 22 minutes 20 seconds East 192.32 feet to a point; thence

                        (3)       North 28 degrees 19 minutes 23 seconds West 175.14 feet to a point; thence

                        (4)       North 17 degrees 03 minutes 15 seconds West 103.75 feet to a point; thence

                        (5)       North 05 degrees 47 minutes 16 seconds West 129.67 feet to a point; thence

                        (6)       North 06 degrees 42 minutes 31 seconds West 80.13 feet to a point; thence

                        (7)       North 18 degrees 10 minutes 54 seconds East 76.48 feet to a point; thence

                        (8)       North 30 degrees 16 minutes 59 seconds East 82.29 feet to a point; thence

                        (9)       North 41 degrees 35 minutes 38 seconds East 44.14 feet to a point; thence

                        (10)     North 51 degrees 22 minutes 08 seconds East 246.25 feet to a point on the

                                    division line between the aforementioned Cramer and Gerhart lands; thence binding on the aforesaid division line South 43 degrees 07 minutes 09 seconds East 25.08 feet to the place of beginning, containing in all 5.418 acres of land, more or less, as surveyed by McCrone, Inc. Registered Professional Engineers and Land Surveyors, in July, 1992.

TOGETHER WITH an Easement as recorded in a Deed recorded among the land Records of Cecil County in Book 429, page 392.

Tax Map 46, Parcel 119 – Tax ID #05-030447

BEGINNING for the same at a point being the northernmost corner of the land of A.J. Sten as recorded Liber N.D.S.  No. 29, folio 388 of the Land Records of Cecil County, Maryland and running thence from the point of beginning and with the northeasterly side of a gravel road North 36 degrees 42 minutes 17 seconds West 397.85 feet to a point, thence with the southeasterly side of a 30-foot wide right of way North 52 degrees 50 minutes 13 seconds East 759.00 feet to a point in the Stradley Road;  thence with the road South 42 degrees 21 minutes 23 seconds East 3.609.65 feet to a point at the mean high water line of the Elk River; thence with the river the following 17 courses and distances: (1) South 29 degrees 40 minutes 46 seconds West 52.66 feet; (2) South 25 degrees 45 minutes 21 seconds West 60.11 feet; (3) South 02 degrees 03 minutes 06 seconds West 61.02 feet; (4) South 29 degrees 08 minutes 58 seconds East 26.52 feet; (5) South 83 degrees 23 minutes 36 seconds West 146.71 feet; (6) South 81 degrees 21 minutes 45 seconds West 137.48 feet; (7) South 68 degrees 16 minutes 51 seconds West 100.67 feet; (8) South 58 degrees 08 minutes 15 seconds West 225.35 feet; (9) South 60 degrees 50 minutes 42 seconds West 114.93 feet; (10) South 81 degrees 27 minutes 18 seconds West 146.28 feet; (11) South 79 degrees 21 minutes 35 seconds West 78.61 feet; (12) South 71 degrees 07 minutes 31 seconds West 84.87 feet; (13) South 85 degrees 24 minutes 02 seconds West 69.46 feet; (14) North 83 degrees 28 minutes 47 seconds West 75.75 feet; (15) North 71 degrees 55 minutes 41 seconds West 113.67 feet; South 81 degrees 27 minutes 18 seconds West 146.28 feet; (16) North 69 degrees 14 minutes 07 seconds West 171.69 feet; (17) North 44 degrees 45 minutes 44 seconds West 58.65 feet to a point thence leaving the river and running the following two courses and distances; (1) North 34 degrees 10 minutes 47 seconds West 65.00 feet; (2) North 09 degrees 09 minutes 47 seconds West 75.00 feet; thence with Elk View, an unrecorded subdivision, the following four courses and distances; (1) North 74 degrees 20 minutes 1 seconds East 30.00 feet; (2) North 25 degrees 39 minutes 47 seconds West 986.65 feet; (3) North 37 degrees 09 minutes 47 seconds West 181.50 feet; (4) North 36 degrees 42 minutes 17 seconds Wesr 68.35 feet to a point; thence with the land of J. Sten as recorded in Liber N.D.S. No. 29, folio 383 of the Cecil County, Land Records, and with the aforesaid land of Sten as recorded in Liber N.D.S. No. 29, folio 388 of the Cecil county, Land Records North 36 degrees 42 minutes 17 seconds West 1,232.51 feet to the point of beginning, containing 79.497 acres of land, more or less.

SAVING AND EXCEPTING THEREFROM 5.418 acres of land, more or less.  As more particularly described in a Deed from Martin D. Gerhart and Carol A. Gerhart, his wife, to Elizabeth Ranney Moran dated November 30, 1992, and filed among the Land Records of Cecil County, Maryland in Liber N.D.S. No. 425, folio 853.

Tax Map 46, Parcel 118 – Tax ID #05-030471

BEGINNING for the same at a point located North 36 degrees 42 minutes 17 seconds West 30.00 feet, as measured across a 30-foot wide right of way, from the end of the first or North 38 degrees 42 minutes 17 seconds West 397.85 foot line of Parcel No. 1 herein described, and running thence from the said point of beginning South 52 degrees 58 minutes 43 seconds West 25.00 feet to appoint; thence with southwesterly side of a gravel road South 36 degrees 42 minutes 17 seconds East 392.85 feet to a point; thence with the land now or formerly of A.D. Walbeck, as recorded in Liber W.A.S. No. 277, folio 210 of the said Land Records South 53 degrees 05 minutes 46 seconds West 1,282.04 feet to a point; thence with the land now or formerly of A.D. Walbeck, as recorded in Liber W.A.S. No. 277, folio 210 of the said Land Records South 43 degrees 05 minutes 46 seconds West 1,282.04 feet to a point; thence with the land now or formerly of Morning Cheer, Inc., the following five courses and distances: (1) North 26 degrees 50 minutes 59 seconds West 82.03 feet (2) North 20 degrees 43 minutes 28 seconds East 99.00 feet (3) North 13 degrees 16 minutes 32 seconds West 181.86 feet (4) North 02 degrees 15 minutes 57 seconds East 157.60 (5) North 37 degrees 37 minutes 54 seconds West 819.00 feet to a stone; thence with the land now or formerly of Marvin W. Joy and wife as recorded in Liber W.A.S. No. 176, folio 270 of the said Land records the following four courses and distances: (1) North 53 degrees 55 minutes 47 seconds East 396.77 feet (2) North 11 degrees 08 minutes 43 seconds West 185.17 feet (3) North 37 degrees 00 minutes 02 seconds West 583.40 feet; and (4) North 52 degrees 19 minutes 12 seconds East 577.84 feet to a point; thence with Parcel No. 3 herein described South 36 degrees 42 minutes 17 seconds East 1,600.84 feet to the place of beginning, containing 40.899 acres of land, more or less.

Tax Map 46, Parcel 16 – Tax ID #06-030463

BEGINNING FOR THE SAME at a point of beginning of Parcel No. 2, herein described; and running thence from the said point of beginning and with Parcel No. 2 herein described, and with the land now or formerly of Marvin W. Joy and wife, as recorded among the Land Records of Cecil County in Liber W.A.S. No. 1776, folio 279, North 36 degrees 42 minutes 17 seconds West 3409.00 feet to a point in the center of Turkey Point Road (Route 272) thence with the center of the said road the following seven (7) curses and distances: (1) North 62 degrees 26 minutes 02 seconds East 766.60 feet (2) North 59 degrees 40 minutes 116 seconds East 78.09 feet (3) North 56 degrees 03 seconds 34 seconds East 89.59 feet (4) North 54 degrees 03 minutes 00 seconds East 68.17 feet; (5) North 52 degrees 03 minutes 00 seconds East 82.75 feet (6) North 47 degrees 33 minutes 11 seconds East 126.11 feet; and (7) North 27 degrees 51 minutes 35 seconds East 1115.69 feet to a point; thence leaving the center of the said road and running with an abandoned portion of Old Elk Neck road North 43 degrees 29 minutes 5111 second East 228.92 feet to a point in Stradley Road; thence with Stradley Road South 36 degrees 42 minutes 17 seconds East 353.70 feet to a point; thence with the northwesterly side of a 30 foot wide right of way South 52 degrees 50 minutes 13 seconds West 759.00 feet to the point of beginning.  Containing 60.929 acres of land more or less.

SAVING AND EXCEPTING the following parcels:

All that lot or parcel of land located in the Fifth Election District, of Cecil County, Maryland know as Lot No. 5 on a subdivision plat entitled “PRELIMINARY FINAL MAJOR SUBDIVISION, Section 2, Lots 5 through 7, ELK Manor”, WHICH IS RECORDED AMONG THE LAND RECORDS OF Cecil County in P.C. No. 919, folio 682; being 3.356 acres of land, more or less.

All that lot or parcel of land located in the Fifth Election District, of Cecil County, Maryland known as Lot No. 6 on a subdivision plat entitled “PRELIMINARY FINAL MAJOR SUBDIVISION, Section 2, Lots 5 through 7, ELK Manor”, WHICH IS RECORDED AMONG THE LAND RECORDS OF Cecil County in P.C. No. 919, folio 682; being 4.933 acres of land, more or less.          

All that lot or parcel of land located in the Fifth Election District, of Cecil County, Maryland known as Lot No. 7 on a subdivision plat entitled “PRELIMINARY FINAL MAJOR SUBDIVISION, Section 2, Lots 5 through 7, ELK Manor”, WHICH IS RECORDED AMONG THE LAND RECORDS OF Cecil County in P.C. No. 919, folio 682; being 5.155 acres of land, more or less.

All that lot or parcel of land located in the Fifth Election District, of Cecil County, Maryland being 3.901 acres of land, more or less, on a subdivision plat entitled “ADD-ON subdivision of Part of the Lands of Martin D. Gerhart”, which is recorded with the Office of Planning & Zoning as Minor Subdivision No. 2520.

All that lot or parcel of land located in the Fifth Election District, of Cecil County, Maryland being 5 acres of land, more or less, on a subdivision plat entitled “Minor subdivision of the Land of Martin D. Gerhart”, which is recorded with the Office of Planning & Zoning as Minor Subdivision No. 2398.

The parcel now contains 31.017 acres of land, more or less, according to the Maryland Department of Assessments and Taxation.

Tax Map 41, Parcel 354 – Tax ID #05-099250

All that lot or parcel of land in the Fifth Election District of Cecil County, State of Maryland, known as Lot 1 as shown in Minor subdivision #2359 approved the Cecil County Department of Planning and Economic development and more particularly described as follows:

BEGINNING FOR THE SAME at an iron pin with cap set on the division line between Lot 1, Section 1, Joy Haven as shown on a survey plat entitled “MINOR SUBDIVISION on the lands of Martin D. Gerhart”, prepared by McCrone, Inc., in April of 1991 and filed among the records of the Office of Planning and Economic Development as Minor Subdivision No. 2359; Thence, leaving said beginning point so fixed and leaving Lot 1, Section 1, Joy Haven and running for a new line of division through the lands of Martin D. Gerhart (seen N.D.S. 09/603), 1) North 52 degrees 14 minutes 09 seconds East 758.99 feet to a point on the westernmost outline of the land of Howard G. Henry (see N.D.S. 63/89) and near the centerline of Elk River Lane; passing in transit an iron pin with cap set 24.44 feet from the end thereof; thence binding on the westernmost outline of the Henry Lands and along Elk River Lane 2) South 37 degrees 28 minutes 03 seconds East 350.00 feet to a point; Thence leaving the Henry Land and Elk River Lane and running for a new line of division through the lands of Martin D. Gerhart (N.D.S. 209/603) 3) South 52 degrees 14 minutes 09 seconds West 758.99 feet to an iron pin with cap set on the easternmost outline of the aforementioned Lot 1, Joy Haven; passing in transit an iron pin with cap set 24.62 feet the beginning thereof; thence binding on the northeasternmost outline of Lot 1, Joy Haven 4) North 37 degrees 28 minutes 03 seconds West 350.00 feet to the place of beginning; containing in all 6.098 acres of land, more or less, as described by McCrone, Inc. Registered Professional engineers and Land Surveyors, in May of 1991.

The Property consists of five (5) parcels totaling 157.5+/- acres of land with approximately a 2,000 foot long waterfront (Elk River) containing four (4) residential buildings, 2 commercial kitchens, 2 offices, 2 wedding/event halls, 1 steel storage facility, 2 barns and 17 sheds.  Property was most recently used primarily for weddings and other similar events.  There is also a 7± acre vineyard. The primary improvement on the Property is a 4,716± square foot two (2) story manor house constructed around 1931.  No personal property will be offered for sale.

Summary terms of sale: A deposit (“Initial Deposit”) in the amount of Two Hundred and Fifty Thousand Dollars ($250,000.00), payable in cash, certified check or other form acceptable to the Trustees, will be required of the purchaser at the time and place of the sale for the Property.  An amount equal to the difference between ten percent (10%) of the winning bid price and the Initial Deposit shall be paid to the Trustees prior to the close of business on April 3, 2017, such amount plus the Initial Deposit, hereinafter the “Deposit.” The balance of the purchase price shall be due in cash or by certified check with interest on the unpaid balance of the purchase price at the rate of six percent (6%) per annum from the date of sale to and including the date of settlement. In the event the Noteholder, its servicer or an affiliate, or assignee of any one of them, is the purchaser, such party will not be required to make a deposit or to pay interest on the unpaid purchase money. All real property taxes, water rent and all other municipal charges and liens owed against the Property shall be the responsibility of the purchaser and shall be paid by the purchaser at settlement. In addition, all other charges, expenses and liens owed against the Property including, but not limited to, all condominium fees (if any), HOA fees (if any), and expenses and public charges and assessments owed against the Property and payable on a periodic basis, such as sanitary and/or metropolitan district charges shall also be the responsibility of the purchaser and shall be paid by the purchaser at settlement. The cost of all documentary stamps, recordation taxes, document preparation and transfer taxes is to be paid by the purchaser.  The Trustees reserve the right to reject any and all bids, and to extend the time for settlement, if applicable.

The Property will be sold in “AS IS” condition and without any warranties or representations, either express or implied, as to the nature, condition or description of the improvements.  In addition, the Property will also be sold subject to all existing housing, building, zoning code and other violations (if any), subject to all critical area and wetland violations, subject to all environmental problems and violations which may exist on or with respect to the Property, and subject to all matters and restrictions of record affecting the same (if any).  The purchaser at the foreclosure sale shall assume the risk of loss for the above-referenced Property immediately after the sale takes place.  It shall be the purchaser’s responsibility to obtain possession of the Property following ratification of the sale by the Circuit Court for Cecil County.

The Property will be sold subject to all easements, conditions, liens, taxes, restrictions, leases (oral or written), rights of redemption, covenants, encumbrances, agreements of record, and such state of facts that an accurate survey or physical inspection of the Property might disclose (if any) that are not otherwise extinguished by operation of law.

The purchaser shall pay all state and local transfer taxes, recordation taxes and fees, title examination costs, attorneys’ fees, conveyance fees and all other incidental settlement costs.  The purchaser shall settle and comply with the sale terms within twenty (20) days following the final ratification of sale by the Circuit Court for Cecil County, unless said period is extended by the Trustees for good cause shown.  Time is of the essence.  Unless the Trustees otherwise agree, settlement shall be held at the offices of Rosenberg Martin Greenberg LLP, 25 South Charles Street, Suite 2115, Baltimore, Maryland 21201.

In the event the purchaser fails to go to settlement as required, in addition to any other legal or equitable remedies available to them, the Trustees may, without further order of the court, declare the Deposit forfeited and resell the Property at the purchaser’s risk and expense.  In such event, the defaulting purchaser shall be liable for the payment of any deficiency in the purchase price, all costs and expenses of both sales, reasonable attorneys’ fees, all other charges due, and incidental damages.  In the event a resale of the Property results in a sale in excess of the amount originally bid by the defaulting purchaser, the defaulting purchaser waives any and all claims, rights and interest to any such excess amount and shall not be entitled to any distribution whatsoever from the resale proceeds. The parties’ respective rights and obligations regarding the terms of sale and the conduct of the sale shall be governed by and interpreted according to the laws of the State of Maryland.

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 the refund of the Deposit, without interest thereon.  Upon refund of the Deposit to the purchaser, the sale shall be void and of no effect, and the purchaser shall have no further claim against the Trustees or the Noteholder.

The information contained herein was obtained from sources deemed to be reliable, but is offered for informational purposes only.  The Auctioneer, the Noteholder and the Trustees do not make any representations or warranties with respect to the accuracy of this information.

Click Here For The Full Sale Terms In PDF Format


Paul Cooper Auction Agent
410-977-4707
PLEASE 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.