Substitute Trustees’ Sale: 37-Story Building Formerly Known As The Embassy Suites Baltimore Inner Harbor
222 Saint Paul Place Baltimore, MD 21202
Cancelled
DESCRIPTION OF PROPERTY: The subject property, formerly known as the Embassy Suites Baltimore Inner Harbor, is a vacant building with 37 stories located at 222 Saint Paul Place, Baltimore, Maryland 21202.
Under and by virtue of the power of sale contained in that certain Purchase Money Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of July 21, 2021, from BIH Owner, LLC (“Debtor”) to Michael D. Leeb, Esq., as trustee, recorded among the Land Records of Baltimore City, Maryland (“Land Records”) in Book 23573, Page 496, as affected by that certain Partial Release of Deed of Trust dated as of February 2023 to be recorded in the Land Records (as amended, restated, modified, supplemented and assigned from time to time, the “Deed of Trust”), Laura S. Bouyea and Darek S. Bushnaq having been appointed as Substitute Trustees, and at the request of the party secured thereby, default having occurred under the terms thereof, the undersigned Substitute Trustees, or either of them, will offer for sale at PUBLIC AUCTION AT THE COURTHOUSE STEPS CIRCUIT COURT FOR BALTIMORE CITY, CLARENCE M. MITCHELL COURT HOUSE, 100 N. CALVERT ST., COURT HOUSE DOOR, CALVERT STREET ENTRANCE, BALTIMORE, MD 21202 ON SEPTEMBER 20, 2023 AT 11:00 AM.
All of the property described in the Deed of Trust, located in Baltimore City, Maryland, including, without limitation, the real property more particularly described as follows:
PARCEL I:
BEGINNING FOR THE SAME AT THE CORNER FORMED BY THE INTERSECTION OF THE SOUTH SIDE OF E. SARATOGA STREET, 50 FEET WIDE, AND THE WEST SIDE OF ST. PAUL PLACE, OF VARIABLE WIDTH; THENCE LEAVING SAID POINT OF BEGINNING, BEING ALSO THE BEGINNING OF THE FIRST LINE OF THE FIRST PARCEL OF GROUND WHICH BY DEED DATED AUGUST 1, 1960, WAS CONVEYED FROM D.W. WILLIAMSON VENEER COMPANY TO MARTHA R. KING, EDITH REMINGTON HAIG AND JOHN REMINGTON, TENANTS IN COMMON, EQUAL SHARES AND RECORDED IN THE LAND RECORDS OF BALTIMORE CITY IN LIBER J.F.C. NO. 924 AT FOLIO 616; AND RUNNING THENCE BINDING ON THE WEST SIDE OF ST. PAUL PLACE AND SAID FIRST LINE 03 DEGREES 10' 30" EAST 110.00 FEET TO INTERSECT THE NORTH SIDE OF AN ALLEY 10 FEET WIDE WHICH POINT IS ALSO THE END OF SAID LINE; THENCE RUNNING AND BINDING ON THE NORTH SIDE OF SAID TEN FOOT ALLEY, SOUTH 87 DEGREES 14' 30" WEST 91.84 FEET TO INTERSECT THE SOUTH END OF THE WESTERNMOST OUTLINE OF A PARCEL OF GROUND KNOWN AS NO. 17 EAST SARATOGA STREET, WHICH BY DEED DATED MARCH 31, 1962, WAS CONVEYED FROM JOHN N. BIESECKER TO ELIZABETH A. MORAN, AND RECORDED IN THE LAND RECORDS OF BALTIMORE CITY IN LIBER J.F.C. NO. 1287 AT FOLIO 367; THENCE BINDING ON SAID WESTERNMOST OUTLINE, NORTH 03 DEGREES 10' 30" WEST 110.00 FEET TO INTERSECT THE SOUTH SIDE OF SAID EAST SARATOGA STREET; THENCE BINDING THEREON, NORTH 87 DEGREES 14' 30" EAST 91.84 FEET TO THE INTERSECTION OF ST PAUL PLACE.
FOR INFORMATION ONLY: PROPERTY IS NOW KNOWN FOR ASSESSMENT AND TAXATION AS WARD 04, SECTION 1, BLOCK 0608, LOT 009 (TAX I.D. NO. 04-01-0608-009).
PARCEL II:
BEGINNING FOR THE SECOND THEREOF AND BEING KNOWN AND DESIGNATED AS PARCEL B AS SHOWN ON THE SUBDIVISION PLAT DATED JUNE 6, 2001 ENTITLED, "FINAL SUBDIVISION PLAT, NO. 210 ST. PAUL PLACE," FILED FOR RECORD AMONG THE PLAT RECORDS OF BALTIMORE CITY, MARYLAND ON MAY 9, 2002 IN PLAT BOOK F.M.C. NO. 3704, CONTAINING 0.034 ACRES OF LAND, MORE OR LESS.
PARCEL III:
EASEMENTS CONTAINED IN THAT DECLARATION OF EASEMENTS BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, DATED APRIL 24, 2002 AND RECORDED IN LIBER F.M.C. NO. 2537 AT FOLIO 047 AMONG THE LAND RECORDS OF BALTIMORE CITY, MARYLAND.
PARCEL IV:
EASEMENTS CONTAINED IN THAT PARKING AGREEMENT AND LEASE BETWEEN THE MAYOR AND CITY COUNCIL OF BALTIMORE AND TREMONT PLAZA HOTEL, LLC DATED APRIL 24, 2002 AND RECORDED IN LIBER F.M.C. 2845 AT PAGE 225.
TOGETHER WITH all buildings and other improvements, all fixtures, furnishings and equipment (other than the fixtures, furnishings and equipment of tenants), all personal property (other than the personal property of tenants), easements and other rights all as granted in the Deed of Trust, all other assets of Debtor located on or about the real estate that are subject to the Deed of Trust and all other Trust Property (as defined in the Deed of Trust). All of the above property is hereinafter collectively referred to as the “Trust Property.”
The foreclosure sale advertised herein has been docketed in the Circuit Court for Baltimore City, Maryland.
The Trust Property will be sold SUBJECT TO, among other things: (a) all liens except those subordinate to the Deed of Trust, covenants, conditions, restrictions, encumbrances, easements, rights-of-way, matters, and limitations of record affecting the Trust Property, if any; (b) any matters or state of facts which could be ascertained by a physical inspection of the Trust Property or which would be shown on an accurate survey of the Trust Property; (c) the rights, if any, of persons in possession of all or any part of the Trust Property under recorded or unrecorded leases, ground leases or occupancy agreements; (d) existing housing, building, subdivision and zoning code violations, if any; and (e) all environmental conditions which may exist, including without limitation asbestos, underground storage tanks, or radon gas concentrations.
CONDITIONS OF SALE: The Trust Property and all parts thereof are sold “AS IS, WHERE IS,” and neither the Substitute Trustees, the party secured by the Deed of Trust nor the auctioneer make any warranty or representation, either express or implied, of any kind or character, including: (i) with respect to any or all aspects of the physical condition of the Trust Property and all parts thereof, (ii) with respect to subdivision, zoning or use of the Trust Property and all parts thereof, (iii) with respect to leases or rents and all security deposits given therefor, if any, (iv) with respect to present and future contract rights, accounts receivable, general intangibles, licenses, chattel paper, guaranties, proceeds of insurance, instruments, deposits, fees, rents, issues, profits, or receipts, if any, or (v) with respect to the environmental condition of the Trust Property and all parts thereof. Neither the Substitute Trustees nor the party secured by the Deed of Trust nor any other party guarantee or covenant to deliver or in any way obtain possession of any part of the Trust Property or any security deposits for the purchaser.
Under and by virtue of the power of sale contained in that certain Purchase Money Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of July 21, 2021, from BIH Owner, LLC (“Debtor”) to Michael D. Leeb, Esq., as trustee, recorded among the Land Records of Baltimore City, Maryland (“Land Records”) in Book 23573, Page 496, as affected by that certain Partial Release of Deed of Trust dated as of February 2023 to be recorded in the Land Records (as amended, restated, modified, supplemented and assigned from time to time, the “Deed of Trust”), Laura S. Bouyea and Darek S. Bushnaq having been appointed as Substitute Trustees, and at the request of the party secured thereby, default having occurred under the terms thereof, the undersigned Substitute Trustees, or either of them, will offer for sale at PUBLIC AUCTION AT THE COURTHOUSE STEPS CIRCUIT COURT FOR BALTIMORE CITY, CLARENCE M. MITCHELL COURT HOUSE, 100 N. CALVERT ST., COURT HOUSE DOOR, CALVERT STREET ENTRANCE, BALTIMORE, MD 21202 ON SEPTEMBER 20, 2023 AT 11:00 AM.
All of the property described in the Deed of Trust, located in Baltimore City, Maryland, including, without limitation, the real property more particularly described as follows:
PARCEL I:
BEGINNING FOR THE SAME AT THE CORNER FORMED BY THE INTERSECTION OF THE SOUTH SIDE OF E. SARATOGA STREET, 50 FEET WIDE, AND THE WEST SIDE OF ST. PAUL PLACE, OF VARIABLE WIDTH; THENCE LEAVING SAID POINT OF BEGINNING, BEING ALSO THE BEGINNING OF THE FIRST LINE OF THE FIRST PARCEL OF GROUND WHICH BY DEED DATED AUGUST 1, 1960, WAS CONVEYED FROM D.W. WILLIAMSON VENEER COMPANY TO MARTHA R. KING, EDITH REMINGTON HAIG AND JOHN REMINGTON, TENANTS IN COMMON, EQUAL SHARES AND RECORDED IN THE LAND RECORDS OF BALTIMORE CITY IN LIBER J.F.C. NO. 924 AT FOLIO 616; AND RUNNING THENCE BINDING ON THE WEST SIDE OF ST. PAUL PLACE AND SAID FIRST LINE 03 DEGREES 10' 30" EAST 110.00 FEET TO INTERSECT THE NORTH SIDE OF AN ALLEY 10 FEET WIDE WHICH POINT IS ALSO THE END OF SAID LINE; THENCE RUNNING AND BINDING ON THE NORTH SIDE OF SAID TEN FOOT ALLEY, SOUTH 87 DEGREES 14' 30" WEST 91.84 FEET TO INTERSECT THE SOUTH END OF THE WESTERNMOST OUTLINE OF A PARCEL OF GROUND KNOWN AS NO. 17 EAST SARATOGA STREET, WHICH BY DEED DATED MARCH 31, 1962, WAS CONVEYED FROM JOHN N. BIESECKER TO ELIZABETH A. MORAN, AND RECORDED IN THE LAND RECORDS OF BALTIMORE CITY IN LIBER J.F.C. NO. 1287 AT FOLIO 367; THENCE BINDING ON SAID WESTERNMOST OUTLINE, NORTH 03 DEGREES 10' 30" WEST 110.00 FEET TO INTERSECT THE SOUTH SIDE OF SAID EAST SARATOGA STREET; THENCE BINDING THEREON, NORTH 87 DEGREES 14' 30" EAST 91.84 FEET TO THE INTERSECTION OF ST PAUL PLACE.
FOR INFORMATION ONLY: PROPERTY IS NOW KNOWN FOR ASSESSMENT AND TAXATION AS WARD 04, SECTION 1, BLOCK 0608, LOT 009 (TAX I.D. NO. 04-01-0608-009).
PARCEL II:
BEGINNING FOR THE SECOND THEREOF AND BEING KNOWN AND DESIGNATED AS PARCEL B AS SHOWN ON THE SUBDIVISION PLAT DATED JUNE 6, 2001 ENTITLED, "FINAL SUBDIVISION PLAT, NO. 210 ST. PAUL PLACE," FILED FOR RECORD AMONG THE PLAT RECORDS OF BALTIMORE CITY, MARYLAND ON MAY 9, 2002 IN PLAT BOOK F.M.C. NO. 3704, CONTAINING 0.034 ACRES OF LAND, MORE OR LESS.
PARCEL III:
EASEMENTS CONTAINED IN THAT DECLARATION OF EASEMENTS BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, DATED APRIL 24, 2002 AND RECORDED IN LIBER F.M.C. NO. 2537 AT FOLIO 047 AMONG THE LAND RECORDS OF BALTIMORE CITY, MARYLAND.
PARCEL IV:
EASEMENTS CONTAINED IN THAT PARKING AGREEMENT AND LEASE BETWEEN THE MAYOR AND CITY COUNCIL OF BALTIMORE AND TREMONT PLAZA HOTEL, LLC DATED APRIL 24, 2002 AND RECORDED IN LIBER F.M.C. 2845 AT PAGE 225.
TOGETHER WITH all buildings and other improvements, all fixtures, furnishings and equipment (other than the fixtures, furnishings and equipment of tenants), all personal property (other than the personal property of tenants), easements and other rights all as granted in the Deed of Trust, all other assets of Debtor located on or about the real estate that are subject to the Deed of Trust and all other Trust Property (as defined in the Deed of Trust). All of the above property is hereinafter collectively referred to as the “Trust Property.”
The foreclosure sale advertised herein has been docketed in the Circuit Court for Baltimore City, Maryland.
The Trust Property will be sold SUBJECT TO, among other things: (a) all liens except those subordinate to the Deed of Trust, covenants, conditions, restrictions, encumbrances, easements, rights-of-way, matters, and limitations of record affecting the Trust Property, if any; (b) any matters or state of facts which could be ascertained by a physical inspection of the Trust Property or which would be shown on an accurate survey of the Trust Property; (c) the rights, if any, of persons in possession of all or any part of the Trust Property under recorded or unrecorded leases, ground leases or occupancy agreements; (d) existing housing, building, subdivision and zoning code violations, if any; and (e) all environmental conditions which may exist, including without limitation asbestos, underground storage tanks, or radon gas concentrations.
CONDITIONS OF SALE: The Trust Property and all parts thereof are sold “AS IS, WHERE IS,” and neither the Substitute Trustees, the party secured by the Deed of Trust nor the auctioneer make any warranty or representation, either express or implied, of any kind or character, including: (i) with respect to any or all aspects of the physical condition of the Trust Property and all parts thereof, (ii) with respect to subdivision, zoning or use of the Trust Property and all parts thereof, (iii) with respect to leases or rents and all security deposits given therefor, if any, (iv) with respect to present and future contract rights, accounts receivable, general intangibles, licenses, chattel paper, guaranties, proceeds of insurance, instruments, deposits, fees, rents, issues, profits, or receipts, if any, or (v) with respect to the environmental condition of the Trust Property and all parts thereof. Neither the Substitute Trustees nor the party secured by the Deed of Trust nor any other party guarantee or covenant to deliver or in any way obtain possession of any part of the Trust Property or any security deposits for the purchaser.
Wednesday
September 20, 2023 11am EDT
Auction to be held at the Circuit Court For Baltimore City, Clarence M. Mitchell Court House, 100 N. Calvert St., Court House Door, Calvert Street Entrance, Baltimore, MD 21202 on September 20th 2023 at 11:00AM.
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