Kenneth L. Hooper
Assignee for the Purpose of Foreclosure,
c/o Hearne & Bailey, P.A.
126 East Main Street
Salisbury, Maryland 21801
(410) 749-5144
CIVIL ACTION NO 22-C-16-001460
CIRCUIT COURT FOR WICOMICO COUNTY, MARYLAND
ASSIGNEE’S SALE
OF VALUABLE IMPROVED REAL PROPERTY
KNOWN AS
“9043 NEWBRIDGE DRIVE, DELMAR, MARYLAND 21875”
(TAX MAP 0020, PARCEL 0115, LOT 68; TAX ACCOUNT NO. 11-028020)
Under and by virtue of the Power of Sale and Authority contained in a certain Purchase Money Mortgage (“Mortgage”) from Bryan E. Adkins and Twila K. Adkins, individually and d/b/a Atlantic-Bay Homes, Mortgagors, to Hebron Savings Bank, Lender, dated May 29, 2009, and recorded among the Land Records of Wicomico County, Maryland, in Liber M.S.B. No. 3056, Folio 258, default having occurred under the terms thereof, and the holder of the indebtedness secured by the Mortgage having assigned the Mortgage to Kenneth L. Hooper, Assignee for the Purpose of Foreclosure, by Assignment of Purchase Money Mortgage, dated November 6, 2015, and recorded among the Land Records of Wicomico County, Maryland, in Liber M.S.B. No. 3925, Folio 454, the undersigned Assignee, at the request of the Lender, will offer for sale at public auction, to the highest bidder, the below referenced property AT THE COURT HOUSE ENTRANCE OF THE CIRCUIT COURT FOR WICOMICO COUNTY, AT THE COURT HOUSE STEPS, LOCATED AT 101 NORTH DIVISION STREET, SALISBURY, MARYLAND 21801,
ON WEDNESDAY, APRIL 5, 2017, AT 11:00 A.M.
OPEN HOUSE: There will be an Open House to view the property on Monday, March 27, 2017, from 4:00 p.m. to 5:30 p.m., and an Open House to view the property on Monday, April 3, 2017, from 4:00 p.m. to 5:30 p.m.
DESCRIPTION: All that lot, tract or parcel of land situate, lying and being in the Town of Delmar in the Delmar Election District of Wicomico County, State of Maryland, and being located on the northerly side of Newbridge Drive, and being located on and binding upon the westerly side of Old Stage Road, and being more particularly shown and designated as Lot No. 68 as set forth on the plat entitled “Bridgewood Estates Subdivision Plat”, dated December 12, 2005, prepared by John H. Plummer and Associates, Inc., and recorded among the Land Records of Wicomico County, Maryland, in Plat Cabinet No. 15, Folio 25; said lot containing 11,591.8 square feet of land.
Being all and the same property described in deed from Hebron Savings Bank to Bryan E. Adkins and Twila K. Adkins, individually and d/b/a Atlantic-Bay Homes, dated May 29, 2009, and recorded among the Land Records of Wicomico County, Maryland, in Liber M.S.B. No., 3056, Folio 255 and by Deed from Bridgewood Estates Homeowners Association, Inc. dated June 27, 2016, and recorded among the Land Records of Wicomico County, Maryland in Liber M.S.B. No. 4039, Folio 37.
IMPROVEMENTS: The above described property is improved by a one and a half story cape-cod style home believed to have approximately 1,923 square feet, more or less, of gross living area and containing 3 bedrooms and 2 bathrooms. The aforesaid information was obtained from sources deemed to be reliable but is offered for informational purposes only and the Assignee does not make any representations or warranties with respect to the accuracy of this information. Bidders accept the property “AS IS” and “WHERE IS.” Quality or quantity of the land and improvements is not of the essence.
TERMS OF SALE: A deposit of Seven Thousand Five Hundred Dollars ($7,500.00) will be required of the purchaser. Said deposit shall be in the form of cash, certified or cashier’s check at the time and place of sale, or other form of security, at the sole discretion of the Assignee, the balance of the purchase price to be secured to the satisfaction of the Assignee. In the event the holder of the indebtedness secured by the Mortgage, or its subsidiaries or related entities, is the successful bidder, the deposit shall not be required. The balance in cash shall be due at settlement which shall be within twenty (20) days after final ratification of sale by the Circuit Court for Wicomico County, Maryland, unless such period is extended by the Assignee, his successors or assigns, for good cause shown, time being of the essence. In the event the property is purchased by someone other than the holder of the indebtedness secured by the Mortgage, or any of its subsidiaries or related entities, interest shall be paid on the unpaid purchase money at the rate of seven percent (7.00%) from date of sale to the date of settlement. In the event settlement is delayed for any reason and the property is purchased by someone other than the holder of the indebtedness, its subsidiaries and/or affiliates, there shall be no abatement of interest caused by the delay. If payment of the balance does not take place within twenty (20) days of ratification, in addition to any other legal or equitable remedies available to him, the Assignee may declare the entire deposit forfeited and resell the property at the risk and cost of the defaulting purchaser. In such event, the defaulting purchaser shall be liable for the payment of any deficiency in the purchase price, all costs and expenses of sale, attorneys’ fees and all other charges incurred by the Assignee. The purchaser shall not be entitled to any surplus proceeds or profits resulting from any resale of the property. The property will be sold in “AS IS,” “WHERE IS” condition without recourse, representations or warranties, either expressed or implied, as to its nature, condition, description, or its suitability for a particular or general purpose. Quantity or quality of the land and improvements is not of the essence. Taxes, rents, annually payable public charges and assessments, water and sewer charges, including the front foot benefit charges of the appropriate governing agency, if any, and association dues, if applicable, will be adjusted to the date of sale and thereafter assumed by the purchaser. All costs of conveyancing, including attorney’s fees, state documentary stamps, agricultural transfer tax, state and county transfer taxes and recordation taxes will be paid by the purchaser. Purchaser shall be responsible for obtaining physical possession of the property. In the event that the property is occupied by tenants/patrons, the Assignee assumes no responsibility for security deposits or other monies paid by tenants/patrons to anyone. The purchaser is purchasing the property subject to any Wicomico County and/or Town of Delmar Code violations and any fines related thereto and shall be responsible for abating said violations, if any, and the payment of said fines related thereto. The purchaser’s sole remedy at law or in equity, in the event the Assignee is unable to convey marketable title to the property, by reason of any defect in the title or for any reason otherwise, shall be limited to the return of the deposit. Upon return of the deposit, the sale shall be null and void and of no effect, and the purchaser shall have no further claims against the Assignee or his respective agents, attorneys, employees, successors and assigns. The Assignee does not make any representations or warranties, expressed or implied, as to the use, zoning or habitability condition of the premises on the property or the physical condition of, the description of, the environmental condition of, or title to the property. There are no warranties as to the building’s compliance with any building, zoning or life safety code in effect and bidder should verify all matters in person. Risk of loss passes at the date and time of sale. Neither the Assignee, the holder of the indebtedness, nor the Auctioneer shall be responsible for any Federal, State or County environmental violations, if any exist, and 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 same. Neither the Assignee, the holder of the indebtedness, nor any other party makes any warranty or representation of any kind or nature regarding the physical condition of, the description of, the environmental condition of, or title to the property. Purchaser shall furnish an Affidavit of Identification and Capacity pursuant to Rule 14-305(b) of the Maryland Rules of Procedure. The conveyance of the property by the Assignee to the purchaser at settlement shall be by Assignee Deed without covenant or warranty. The Assignee reserves the right to reject any and all bids. The Assignee reserves the right to postpone sale by public announcement at the time and place of sale. If the holder of the indebtedness secured by the Mortgage or any of its subsidiaries or affiliates is the successful bidder, it shall be exempt from the terms of sale set forth herein, including the requirement for a deposit. The holder of the indebtedness secured by the Mortgage shall be permitted to bid at sale. The contract of sale between the Assignee, as seller, and the purchaser (the “Contract of Sale”) shall include, by reference, all the terms and conditions contained herein, as well as such other terms the Assignee deems necessary and appropriate. Prior to bidding and as a condition of bidding, all prospective bidders shall register and display photo identification, deposit funds and when bidding as an agent, provide a recordable power of attorney. When a corporation or limited liability company is bidding, it shall also provide evidence that it is in good standing with its state of incorporation. The sale may be recorded, televised, videotaped and/or broadcast. For information, please contact Kenneth L. Hooper Assignee, at (410) 749-5144, or Pete Richardson Auction Sales & Service, Inc. at (410) 546-2425.
The information contained herein was obtained from sources deemed to be reliable, but is offered for informational purposes only. The Assignee, Auctioneer, and the holder of the indebtedness, 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 and consult with their own attorneys for legal issues.
Kenneth L. Hooper
Assignee for the Purpose of Foreclosure
Auctioneer: Pete Richardson Auction Sales & Service, Inc.