Go Back WednesdayJanuary 18, 2017 — 11:45am
Trustee's Sale: Real Property in the U Street Corridor of Northwest Washington, DC
1100 Florida Ave. NW. Washington, DC 20009
Location: To be held at The office of Alex Cooper Auctioneers, 5301 Wisconsin Avenue, N.W., Suite 750, Washington, D.C
THE AUCTIONEER HAS NOT BEEN PROVIDED WITH ANY DUE DILIGENCE INFORMATION OR ACCESS TO THE PROPERTY.
TRUSTEE’S SALE OF Real Property located at 1100 Florida Ave., NW, Washington, DC, 20009 under that certain Consolidated, Amended and Restated Deed of Trust and Security Agreement and Fixture Filing recorded on June 3, 2011 as Instrument No. 2011060882 (the "Deed of Trust") among the Land Records of the District of Columbia and in accordance with Public Law 90-566 notice recorded on December 12, 2016 a default having occurred in the payment of the indebtedness secured thereby and the covenants contained therein, and at the request of the party secured thereby, the undersigned Trustee will offer for sale by public auction within the offices of Alex Cooper Auctioneers, Inc., 5301 Wisconsin Ave., N.W., #750, Washington, DC, 202-364-0306, on WEDNESDAY, JANUARY 18, 2017 AT 11:45 AM the land and premises situate in the District of Columbia, and designated as and being Lot 79, Square 302, as more particularly described in said deed of trust.
TOGETHER WITH any and all buildings, structures, improvements or appurtenances now erected on the above-described land, including, without limitation, all equipment, apparatus, machinery and fixtures of any kind or character forming a part of said buildings, structures, improvements or appurtenances, and any furniture, furnishings, equipment, machinery and other personal property owned and located in, upon or about the above-described land and any buildings thereon all as more particularly described in the aforesaid Deed of Trust (the "Property").
TERMS OF SALE: ALL CASH. The bid which yields the highest price for the Property will be accepted by the Trustee (unless the sale is postponed or cancelled) and all bids will be provisional until acceptance. Notwithstanding the foregoing, the Trustee absolutely reserve the right to postpone the sale and/or cancel the sale at any time until the auctioneer announces that the Property is "sold" and the deposit in the required amount and form is received by the Trustee. A deposit in the amount of $20,000 will be required at the time of sale. Such deposit must be by cashier's check or certified check or in such other form as the Trustee may determine in their sole discretion. The Noteholder secured by the Deed of Trust (or any related party) shall be exempted by the Trustee from submitting any bidding deposit. The Trustee will, as a condition of the sale, require all potential bidders except the Noteholder to show their deposit before any bidding begins. The retained deposit of the successful purchaser shall be applied, without interest, to the successful purchaser's credit at settlement, provided, however, that in the event the successful purchaser fails to consummate the purchase in accordance with the terms of sale as herein provided, such deposit, at the option of the Trustee, will be forfeited. The terms of sale must be complied with and settlement consummated thereon within 30 days from day of sale unless extended at the sole discretion of the Trustee. TIME IS OF THE ESSENCE. The balance of the purchase price over and above the retained deposit, with interest thereon at a rate of 10.00% per annum from the date of sale through the date of receipt of the balance of the purchase price, will be due at settlement in cash or certified funds; and if not so paid, the Trustee reserve the right to retain the deposit and resell the Property at the risk and cost of the defaulting purchaser, after such advertisement and on such terms as the Trustee may deem proper, and to avail themselves and the Noteholder of any legal or equitable rights against the defaulting purchaser. The Property is sold subject to the rights, if any, of parties in possession, if such rights have priority over the Deed of Trust, and to any and all covenants, conditions, restrictions, easements, rights of way, and limitations of record. The Property will be sold "WHERE IS" and in "AS IS" condition without any warranty as to condition, express or implied, and without any representation or warranty as to the accuracy of the information furnished to prospective bidders by the Trustee or any other party and without any other representations or warranty of any nature. Without limiting the generality of the foregoing, the Property will be sold without representation or warranty as to (i) title to the Property, (ii) the nature, condition, structural integrity, or fitness for a particular use of any improvements, fixtures or personal property included within the Property, (iii) the environmental condition of the Property or the compliance of the Property with federal, state and local laws and regulations concerning the presence or disposal of hazardous substances, (iv) compliance of the Property with the Americans with Disabilities Act or any similar law, or (v) compliance of the Property with any zoning laws or ordinances and any and all applicable safety codes, and acceptance of the Deed to the Property by the successful purchaser shall constitute a waiver of any claims against the Trustee or the Noteholder concerning any of the foregoing matters. The successful purchaser recognizes that any investigation, examination or inspection of the Property is within the control of the owner or other parties in possession of the Property and not within the control of the Trustee or the Noteholder.
Conveyance shall be by Trustee’s Deed, without covenant or warranty, express or implied. The risk of loss or damage by fire or other casualty to the Property from and after the date of sale will be upon the successful purchaser. Sold subject to all taxes, ground rents, public charges, assessments, sewer, water, drainage and other public improvements whether assessments have been levied or not. The Noteholder and Trustee assume no liability for fuel, gas, electricity, utilities and other operating charges accrued before or after the sale and all such charges shall be the sole responsibility of the purchaser from the date of sale. All costs incident to the settlement and conveyancing including, without limitation, examination of title, conveyancing, all recordation taxes and charges, all transfer taxes and charges, title insurance premiums, notary fees, settlement fees and all other costs incident to settlement shall be at the cost of the successful purchaser. If the Trustee cannot convey title, the purchaser's sole remedy is a return of deposit. Further particulars may be announced at the time of sale.
For further information, please contact Alan S. Macdonald, Esq. 410-858-4278.
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.