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

(410) 749-5144

 

CIVIL ACTION NO C-19-CV-20-000043

CIRCUIT COURT FOR SOMERSET COUNTY, MARYLAND

 

SUBSTITUTE TRUSTEES’ AND SECURED PARTY’S SALE

OF VALUABLE IMPROVED REAL PROPERTY

AND PERSONAL PROPERTY, FIXTURES, AND EQUIPMENT KNOWN AS

“4384 CRISFIELD HIGHWAY, CRISFIELD, MARYLAND 21817”

(TAX MAP 0064, PARCEL 0002; TAX ACCOUNT NO. 08-154899)

 

            Under and by virtue of the Power of Sale and Authority contained in a certain Indemnity Deed of Trust (“Deed of Trust”) from Crisfield Clinic, L.L.C., dated September 25, 2014, and recorded among the Land Records of Somerset County, Maryland, in Liber I.T.P. No. 882, Folio 543, and pursuant to the Authority contained in a Security Agreement, dated September 25, 2014, from Affinity Services, L.L.C. and Crisfield Clinic, L.L.C. to Lender/Secured Party, together with a Financing Statement recorded among the Land Records of Somerset County, Maryland in Liber No. 882, Folio 564, and a Financing Statement recorded among the Land Records of Somerset County, Maryland in Liber No. 969, Folio 73, 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 December 12, 2019, and recorded among the Land Records of Somerset County, Maryland, in Liber C.T.H. No. 1066, Folio 165, the undersigned Substitute Trustee, at the request of the Lender/Secured Party, 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 SOMERSET COUNTY, AT THE COURT HOUSE STEPS, LOCATED AT 30512 PRINCE WILLIAM STREET, PRINCESS ANNE, MARYLAND 21853,

 

ON TUESDAY, MARCH 16, 2021, AT 10:00 A.M.

 

            LEGAL DESCRIPTION:  All that lot or parcel of land situate, lying and being in the Lawsons Election District, Somerset County, State of Maryland and more particularly described as follows: All that lot or parcel of land situate as aforesaid, and beginning at the southwest side of Maryland Route No. 413 at a point that is South 56° 55' West a distance of 20.50 feet from the intersection of the lands of or formerly of I.L. Fisher Construction Company, Inc. and the lands of BPOE; thence continuing by and with the southwest side of Maryland Route No. 413 (1) South 56° 55' West a distance of one hundred fifty (150) feet to a point; thence by and with the land of or formerly of I.L. Fisher Construction Company, Inc. the following three courses and distances: (2) North 54° 40' West a distance of three hundred twelve and thirty hundreds (312.30) feet to a point; thence (3) North 56° 55' East a distance of one hundred fifty (150) feet to a point; thence (4) South 54° 40' East a distance of three hundred twelve and thirty hundreds (312.30) feet to the place of beginning; as laid down and described on a plat entitled “Plat Of Property surveyed for Dr. Madhav D. Barhan (and) Dr. Saroja R. Barhan”, prepared by G. Oliver Morrell, Registered Surveyor, dated April 30, 1976 and recorded among the Land Records of Somerset County, Maryland in Liber I.T.P. No. 293, page 640. Being the same and all the land which was conveyed unto Madhav D. Barhan and Saroja R. Barhan, his wife, by I.L. Fisher Construction Company, Inc. and Irvin L. Fisher by a deed dated April 30, 1976 and recorded among the aforesaid Land Records in Liber I.T.P. No. 293, page 638; and being the same and all the land conveyed unto Crisfield Clinic, LLC, a Limited Liability Company existing in the State of Maryland, by Madhav D. Barhan and Saroja R. Barhan, his wife, by deed dated April 27, 2012 and recorded among the aforesaid Land Records in Liber I.T.P. No. 824, folio 298.

 

            IMPROVEMENTS:  The above described property is a commercial property consisting of approximately one (1) acre, more or less, and is improved by a one-story building and it is believed but not represented that the building has approximately 2,520 square feet, more or less, of gross building area of office space. 

 

The above described real estate is being conveyed TOGETHER WITH the improvements thereon and the rights and appurtenances thereto belonging or appertaining, SUBJECT, HOWEVER, to two Right of Way Agreements to The Eastern Shore Public Service Company of Maryland from John W. Cox, which said Agreements are recorded among the Land Records of Somerset County, Maryland, in Liber J.M.T. No. 104, page 195 and Liber J.M.T. No. 104, page 523; two Slope, drainage, and snow fence easements from John W. Cox to the State of Maryland to the use of the State Roads Commission of Maryland, which said easements are recorded among the Land Records of Somerset County, Maryland, in Liber J.M.T. No. 115, page 320 and Liber J.M.T. No. 115, page 322; and the restrictions, reservations, easements, provisions and notations as more particularly set forth on a plat entitled “Plat Of Property surveyed for Dr. Madhav D. Barhan (and) Dr. Saroja R. Barhan”, prepared by G. Oliver Morrell, Registered Surveyor, which said plat is recorded among the Land Records of Somerset County, Maryland, in Liber I.T.P. No. 293, page 640.  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.

 

UNIFIED SALE:  Pursuant to the UCC Security Agreement and the Financing Statement referenced above, by and between Crisfield Clinic, L.L.C. and Lender/Secured Party, the above described real property will be sold, together with all personal property, fixtures, and equipment located in, about, or attached to, the above-described real property, on the date of sale.  The sale of the aforesaid personal property, fixtures, and equipment shall be a unified sale as provided for in Section 9-604 of the Uniform Commercial Code.  The Substitute Trustees and Secured Party have no itemized inventory of the aforesaid personal property, fixtures, and equipment, and the purchaser is buying whatever personal property, fixtures, and equipment that may exist on the subject land and improvements on the day of sale, “AS IS, WHERE IS” and risk of loss shall pass on the day of sale.  The Substitute Trustees and Secured Party make no representations as to the condition or status of the personal property, fixtures, and equipment located in, about, or attached to, the above-described real property.  It shall be the purchaser’s obligation to secure possession of the aforesaid personal property, fixtures, and equipment. The purchaser shall be responsible for the payment of Maryland sales tax, if any, on the purchase price of the aforesaid.  The above described real property and the aforementioned personal property, fixtures, and equipment are collectively called the “property.”  The property will be offered for sale as an entirety.

 

            TERMS OF SALE:  A deposit 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 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 Somerset 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 five and three-quarters percent (5.75%) 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 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 Somerset County 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. Risk of loss passes at the date and time of sale.  Neither the Substitute Trustees, the holder of the indebtedness, nor any other party makes any warranty or representation of any kind or nature, expressed or implied, regarding the use, zoning, life safety, habitability, 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. The Substitute Trustees reserve the right to announce additional terms at the time 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 Trustee, 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. 

 

                                                           Reena J. Patel

                                                          Substitute Trustee for the Purpose of Foreclosure

 

Auctioneer:  Pete Richardson Auction Sales & Service, Inc.

 

Somerset Herald: Wednesday, February 24, 2021; Wednesday, March 3, 2021; and Wednesday, March 10, 2021.

410 546 2425

35640 Woodyard Road, Willards, Maryland

Email:  ruth@prauctions.com