410 546 2425
Kenneth L. Hooper and Reena J. Patel
Substitute Trustees for the Purpose of Foreclosure,
c/o Hearne & Bailey, P.A.
126 East Main Street
Salisbury, Maryland 21801
CIVIL ACTION NO C-22-CV-19-000378
CIRCUIT COURT FOR WICOMICO COUNTY, MARYLAND
SUBSTITUTE TRUSTEES’ SALE
OF VALUABLE IMPROVED REAL PROPERTY
“8861 Bi-State Boulevard, Delmar, Maryland 21875”
(TAX MAP 0020, PARCEL 0425; TAX ACCOUNT NO. 11-009328)
Under and by virtue of the Power of Sale and Authority contained in a certain Refinance Deed of Trust (“Deed of Trust”) from Hans V. Wendlandt and Gail A. Wendlandt, dated May 15, 2003, and recorded among the Land Records of Wicomico County, Maryland, in Liber M.S.B. No. 2068, Folio 526, and modified by a Deed of Trust Modification Agreement, dated August 23, 2011, from Hans V. Wendlandt, and recorded among the Land Records of Wicomico County, Maryland, in Liber M.S.B. No. 3347, Folio 127, and further modified by a Deed of Trust Modification Agreement, dated June 26, 2012, from Hans V. Wendlandt, and recorded among the Land Records of Wicomico County, Maryland, in Liber M.S.B. 3456, Folio 092 and further modified by a Deed of Trust Modification Agreement, dated June 14, 2013, by Hans V. Wendlandt, and recorded among the Land Records of Wicomico County, Maryland, in Liber M.S.B. No. 3598, Folio 419, default having occurred under the terms thereof, and the holder of the indebtedness secured by the Deed of Trust having appointed Kenneth L. Hooper and Reena J. Patel, Substitute Trustees for the Purpose of Foreclosure, by Deed of Appointment of Substitute Trustees, dated September 4, 2019, and recorded among the Land Records of Wicomico County, Maryland, in Liber J.B.M. No. 4520, Folio 164, the undersigned Substitute Trustees, 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, MARCH 24, 2021, AT 10:00 A.M.
ALL that lot, piece or parcel of land situate, lying and being in the Delmar Election District of Wicomico County, State of Maryland, being located on the Easterly side of and binding upon the State Road leading from Salisbury to Delmar, known as “Old Delmar Road,” and having a frontage thereon of 100 feet and extending back therefrom in a uniform width of 100 feet to a uniform depth of 300 feet, and being Lots 27, 28, 102 and 103 on a plat entitled “Horsey Property,” dated June 12, 1943, prepared by Roy E. Moore, Surveyor, and recorded among the Land Records of Wicomico County, Maryland, in Liber J.W.S. No. 250, Folio 45; said property being known as 8861 Bi-State Boulevard, Delmar, Maryland 21875.
BEING the same property conveyed unto Hans V. Wendlandt and Gail A. Wendlandt, his wife, by a Deed from Jerry D. Gray and Madelyn M. Gray, his wife, dated October 21, 1996, and recorded among the aforesaid Land Records in Liber M.S.B. No. 1513, Folio 102; and being the same property conveyed unto Hans V. Wendlandt by a Deed from Hans V. Wendlandt and Gail A. Wendlandt, his wife, dated January 25, 2007, and recorded among the aforesaid Land Records in Liber M.S.B. No. 2739, Folio 520.
IMPROVEMENTS: The above described property is improved by a 1½ story automotive shop with an apartment on the 2nd floor above the office. The apartment is believed to have approximately 928 square feet, more or less, of gross living area. The shop and office is believed to have approximately 5,660 square feet, more or less. The aforesaid information was obtained from sources deemed to be reliable but is offered for informational purposes only and the Substitute Trustees 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.
TERMS OF SALE: A deposit of Five Thousand Dollars ($5,000.00) 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 Substitute Trustees, the balance of the purchase price to be secured to the satisfaction of the Substitute Trustees. In the event the holder of the indebtedness secured by the Deed of Trust, 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 Substitute Trustees, their successors in office, 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 Deed of Trust, or any of its subsidiaries or related entities, interest shall be paid on the unpaid purchase money at the rate of six and three quarters 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 Substitute Trustees 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 Substitute Trustees. The purchaser shall not be entitled to any surplus proceeds or profits resulting from any resale of the property. The purchaser is advised that because of the presence of a junior federal tax lien filed against the property, settlement may be delayed until the statutory period for redemption of such lien has elapsed. 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 Substitute Trustees 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 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 Substitute Trustees 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 Substitute Trustees or their respective agents, attorneys, employees, successors and assigns. The Substitute Trustees do 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 Substitute Trustees 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 Substitute Trustees 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 Substitute Trustees to the purchaser at settlement shall be by Substitute Trustees’ Deed without covenant or warranty. The Substitute Trustees reserve the right to reject any and all bids. The Substitute Trustees 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 Deed of Trust 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 Deed of Trust shall be permitted to bid at sale. The contract of sale between the Substitute Trustees, 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 Substitute Trustees 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 Reena J. Patel, Substitute Trustees, 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 Substitute Trustees, 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 and Reena J. Patel
Substitute Trustees for the Purpose of
Auctioneer: Pete Richardson Auction Sales & Service, Inc.
The Daily Times: Thursday, March 4, 2021; Thursday, March 11, 2021; and
Thursday, March 18, 2021