Kenneth L. Hooper, and Reena J. Patel
Assignees 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-16-001464
CIRCUIT COURT FOR WICOMICO COUNTY, MARYLAND
ASSIGNEES’ SALE
OF VALUABLE REAL PROPERTIES KNOWN AS
706 HAMMOND STREET, SALISBURY, MARYLAND 21804
(TAX MAP 0105, PARCEL 0141, TAX ACCOUNT NO. 05-001250)
AND
107 HOWARD STREET, HEBRON, MARYLAND 21830
(TAX MAP 027A PARCEL 0078; TAX ACCOUNT NO. 15-004886)
Under and by virtue of the Power of Sale and Authority contained in a certain Purchase Money Mortgage (“Mortgage”) from Garfield R. Watson, Mortgagor, to Hebron Savings Bank, Lender, dated November 12, 2010, and recorded among the Land Records of Wicomico County, Maryland, in Liber M.S.B. No. 3252, Folio 171, default having occurred under the terms thereof, and the holder of the indebtedness secured by the Mortgage having assigned said Mortgage unto Kenneth L. Hooper and Reena J. Patel, Assignees for the Purpose of Foreclosure, by Assignment of Purchase Money Mortgage, dated October 12, 2016, and recorded among the Land Records of Wicomico County, Maryland, in Liber M.S.B. No. 4069, Folio 43, the undersigned Assignees, at the request of the Lender will sell 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, MAY 3, 2017, AT 11:00 A.M.
LEGAL DESCRIPTION: Those two properties; one located in the City of Salisbury, Wicomico County, Maryland (Item One below) and the other located in the Town of Hebron, Wicomico County, Maryland (Item Two below), respectively, and more particularly described below.
ITEM ONE (Tax Account #05-001250); 706 Hammond Street, Salisbury, Maryland 21801: ALL that lot or parcel of land situate, lying and being in the City of Salisbury, in Parsons Election District, Wicomico County, State of Maryland, being located along and binding upon the Westerly side of Hammond Street, and being more particularly shown and designated as all of Lot No. 14 and the Northerly 20 feet of Lot No. 13 in Block “B” on a plat entitled “Revised Subdivision of Lots, Hammond and Priscilla Streets,” prepared by Filbert M. Hitch, Surveyor, dated October 20, 1955, and recorded among the Land Records for Wicomico County, Maryland in Liber J.W.T.S. No. 396, Folio 93, and being further shown and designated as Lot No. 14A on a plat entitled “Resubdivision of Lots 11, 12, 13 and 14, in Block “B” of Revised Subdivision of Lots Hammond and Priscilla Streets,” prepared by Filbert M. Hitch, Surveyor, dated June 10, 1958, and recorded among the aforesaid Land Records in Liber J.W.T.S. No. 444, Folio 81.
IMPROVEMENTS: The above described property is improved by a one and one-half story home containing 1,380 square feet, more or less, with two full baths and a half bath. The aforesaid information was obtained from sources deemed to be reliable but is offered for informational purposes only and the Assignees do 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.
BEING all and the same property conveyed unto Garfield R. Watson by Deed dated November 12, 2010, from Debbi J. Radel and recorded among the Land Records of Wicomico County in Liber M.S.B. No. 3252, Folio 168 et seq.
ITEM TWO (Tax Account #15-004886); 107 Howard Street, Hebron, Maryland 21830): ALL that lot, piece or parcel of land situate, lying and being in the Town of Hebron, in Hebron Election District, Wicomico County, Maryland, located on the easterly side of and binding upon Howard Street, and on the northerly side of and binding upon the County Road known as “Chestnut Tree County Road”, beginning for the same on the northerly side of said Chestnut Tree County Road at the southeasterly corner of said Howard Street; thence running in an easterly direction by and with said Chestnut Tree County Road one hundred fifty (150) feet; thence running in a northerly direction by and with the land now or formerly owned by Hanson G. Phillips in a line parallel with said Howard Street one hundred (100) feet; thence running in a westerly direction by and with the land now or formerly owned by said Phillips in a line parallel with said Chestnut Tree County Road one hundred fifty (150) feet to said Howard Street; thence running in a southerly direction by and with said Howard Street one hundred (100) feet to the place of beginning.
IMPROVEMENTS: The above described property is unimproved. The aforesaid information was obtained from sources deemed to be reliable but is offered for informational purposes only and the Assignees do 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.
BEING the same property conveyed unto Garfield Watson by deed dated August 4, 2010, from Deutsche Bank National Trust Company and recorded among the Land Records of Wicomico County, Maryland in Liber M.S.B. No. 3231, Folio 240, et seq.
MANNER OF SALE: The Assignees will offer for sale Items One and Two individually, and will reserve the bids thereon. The Assignees will then offer for sale, as an entirety, Items One and Two, and will reserve the bid thereon. The Assignees, in their sole and absolute discretion, shall then be entitled to select the bid that results in the highest price or prices. The Assignees also reserve the right to change the method of bidding in their sole and absolute discretion by announcement made at the time and place of sale.
TERMS OF SALE: For Item One, a deposit of Seven Thousand Five Hundred Dollars ($7,500.00) will be required of the purchaser on the day of sale. For Item Two, a deposit of Two Thousand Five Hundred Dollars ($2,500.00) will be required of the purchaser on the day of sale. For the sale of Items One and Two as an entirety, a deposit in the amount of Ten Thousand Dollars ($10,000.00) will be required of the purchaser of Items One and Two as an entirety on the day of sale. 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 Assignees, the balance of the purchase price to be secured to the satisfaction of the Assignees. 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 Assignees, their 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 six and three quarter percent (6.75%) 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 them, the Assignees 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 Assignees. 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 Assignees assume 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, City of Salisbury Code and/or Town of Hebron 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 Assignees are 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 Assignees or their respective agents, attorneys, employees, successors and assigns. The Assignees make no 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 Assignees, 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 Assignees, 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 Assignees to the purchaser at settlement shall be by Assignees Deed without covenant or warranty. The Assignees reserve the right to reject any and all bids. The Assignees reserve 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 Assignees, 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 Assignees deem 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 and/or Reena J. Patel, Assignees, 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 Assignees, 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
Reena J. Patel
Assignees for the Purpose
of Foreclosure
Auctioneer: Pete Richardson Auction Sales & Service, Inc.