Reena J. Patel and Kristin N. Gilbert
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-22-CV-20-000022
CIRCUIT COURT FOR WICOMICO COUNTY, MARYLAND
SUBSTITUTE TRUSTEES’ AND SECURED PARTY’S SALE
OF VALUABLE IMPROVED REAL PROPERTIES, EACH IMPROVED BY POULTY HOUSES, AND PERSONAL PROPERTY, FIXTURES, AND EQUIPMENT KNOWN AS
“28964 Waller Road, Delmar, Maryland 21875”
(TAX MAP 0020, PARCEL 0465 and TAX MAP 0011, PARCEL 0002; TAX ACCOUNT NO. 11-019277 and 11-008836)
Under and by virtue of the Power of Sale and Authority contained in a certain Deed of Trust (“Deed of Trust”) from Blair D. Mitchell and Agnes L. Mitchell, dated May 9, 2013, and recorded among the Land Records of Wicomico County, Maryland, in Liber M.S.B. No. 3578, Folio 362, and pursuant to the Authority contained in a Security Agreement, dated May 9, 2013, from Blair D. Mitchell and Agnes L. Mitchell to Lender/Secured Party, together with a Financing Statement recorded among the Land Records of Wicomico County, Maryland in Liber M.S.B. No. 3578, Folio 121, default having occurred under the terms thereof, and the holder of the indebtedness secured by the Deed of Trust having appointed Reena J. Patel and Kristin N. Gilbert, Substitute Trustees for the Purpose of Foreclosure, by Confirmatory Deed of Appointment of Substitute Trustees, dated November 13, 2019, and recorded among the Land Records of Wicomico County, Maryland, in Liber J.B.M. No. 4554, Folio 265, the undersigned Substitute Trustees, 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 WICOMICO COUNTY, AT THE COURT HOUSE STEPS, LOCATED AT 101 NORTH DIVISION STREET, SALISBURY, MARYLAND 21801,
ON THURSDAY, NOVEMBER 19, 2020, AT 10:00 A.M.
LEGAL DESCRIPTION:
ITEM ONE (Tax ID Number 11-019277): All that lot or parcel of land situate, lying and being in the Delmar Election District, Wicomico County, Maryland and located on the Northerly side of Waller Road and being shown and designated as Lot 1A, containing 10.134 acres, on plat entitled “Agricultural Resubdivision of the Land of Agnes Mitchell and Blair Mitchell near Delmar, Maryland” dated June 7, 2010, by Brian M. Dennis & Associates, Inc. and recorded among the Land Records for Wicomico County, Maryland in Liber 15, Folio 999.
IMPROVEMENTS: The above described Item One is believed, but not represented, to be improved by two poultry houses and by a one-story residential building. The residential building is believed to have approximately 2,385 square feet, more or less, of gross living area, with three bathrooms. The poultry houses have been out of production since 2019.
ITEM TWO (Tax ID Number 11-008836): All that lot or parcel of land situate, lying and being in the Delmar Election District, Wicomico County, Maryland, being shown and designated as Re-Configured Parcel 2, containing 23.06 acres on Plat entitled “Agricultural Resubdivision of the Land of Agnes Mitchell and Blair Mitchell near Delmar, Maryland,” dated June 7, 2010, by Brian M. Dennis & Associates, Inc., and recorded among the Land Records of Wicomico County, Maryland in Liber 15, Folio 999.
IMPROVEMENTS: The above described Item Two is believed, but not represented, to be improved by two poultry houses. The poultry houses have been out of production since 2019.
BEING in all respects, part of the same land conveyed unto Agnes L. Mitchell by Deed dated March 9, 1988 from Agnes L. Mitchell, Personal Representative of the Estate of Paul James Mitchell, deceased, and recorded among the aforesaid Land Records in Liber 1136, Folio 523.
Items One and Two described above are being conveyed TOGETHER WITH the improvements thereon and the rights and appurtenances thereto belonging or appertaining, SUBJECT, HOWEVER, to two Agricultural Water Quality Cost-Share Agreements with the State of Maryland Department of Agriculture, which said Agreements are recorded among the Land Records of Wicomico County, Maryland, in Liber M.S.B. No. 3852, Folio 372 and Liber M.S.B. No. 3873, Folio 126 , and to the obligations of such owner as more particularly set forth in any Declarations and Covenants of record, as amended, if any.
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.
PRIOR LIEN ON ITEM ONE: Item One above is being sold subject to a first Deed of Trust from Agnes L. Mitchell, dated August 1, 2008, and recorded among the Land Records of Wicomico County, Maryland in Liber M.S.B. No. 2955, Folio 575, the outstanding balance of which will be announced at the time of sale, if made available to the Substitute Trustees
UNIFIED SALE: Pursuant to the UCC Security Agreement and Financing Statement referenced above, by and between Blair D. Mitchell and Agnes L. Mitchell and Lender/Secured Party, the above described real properties will be sold, together with the respective poultry houses, all personal property, fixtures, and equipment located in, about, or attached to, the above-described real properties, on the date of sale. The sale of the aforesaid personal property, fixtures, and equipment, and the poultry houses to the extent they constitute personal property, 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. Substitute Trustees and Secured Party make no representation as to the condition or status of the poultry houses and/or other personal property, fixtures, and equipment located in, about, or attached to, the above-described real properties. 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 properties and the aforementioned poultry houses, personal property, fixtures, and equipment are collectively called the “property.” The property will be offered for sale as an entirety.
MANNER OF SALE: The Substitute Trustees will offer for sale, collectively, Item One and Item Two. The Substitute Trustees 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: 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 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 one quarter percent (6.25%) 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 Wicomico 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. 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 and Kristin N. Gilbert, 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.
Reena J. Patel and Kristin N. Gilbert,
Substitute Trustees for the Purpose of
Foreclosure and Attorneys for Secured
Creditor