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-22-CV-18-000214

CIRCUIT COURT FOR WICOMICO COUNTY, MARYLAND

 

SUBSTITUTE TRUSTEES’ AND SECURED PARTY’S SALE OF

VALUABLE IMPROVED REAL PROPERTY AND PERSONAL PROPERTY

KNOWN AS

“29641 FOSKEY LANE, DELMAR, MARYLAND 21875”

(TAX MAP 0020, PARCEL 0055; TAX ACCOUNT NO. 11-002552)

 

            Under and by virtue of the Power of Sale and Authority contained in a certain Deed of Trust (“Deed of Trust”) from Mahmoud El-Baf, Grantor, dated October 11, 2013, and recorded among the Land Records of Wicomico County, Maryland, in Liber M.S.B. No. 3639, Folio 307, and pursuant to the authority contained in a Security Agreement, dated October 11, 2013, from Mahmoud El-Baf to Lender/Secured Party, together with a Financing Statement, recorded among the Land Records of Wicomico County, Maryland, in Liber M.S.B. No. 3639, Folio 341, 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 January 23, 2018, and recorded among the Land Records of Wicomico County, Maryland, in Liber M.S.B. No. 4182, Folio 36, 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 TUESDAY, NOVEMBER 20, 2018, AT 10:00 A.M.

 

            DESCRIPTION:  ALL that lot or tract of land situate in Delmar Election District, Wicomico County, State of Maryland, and on the East side of and binding upon the County Road leading from Connelly’s Mill to Delmar, now known as Foskey Lane, and bounded on the North by the property now or formerly owned by Brady Plywood Corporation and on the Westerly side of and binding upon the Pennsylvania Railroad Company property, and bounded on the South by the property now or formerly owned by I.A. Construction Corporation, and more particularly described as follows: BEGINNING for the same at an iron pipe driven in the ground on the Easterly side of the County Road aforesaid at a point that is approximately 175 feet from a point on the Easterly side of said County Road, which, if extended in an Easterly direction perpendicular to said County Road, would pass through the center of the dwelling now built on the property hereby conveyed, It being the Southwest corner of the land of said Brady Plywood Corporation, and the Northwest corner of the land hereby conveyed; thence running by and with said County Road South 19 degrees 25 minutes West a distance of 525 feet to the land of the said I.A. Construction Corporation; thence running by and with the same South 70 degrees 35 minutes East for a distance of about 1445 feet to the Pennsylvania Railroad Company property; thence running by and with the same in a Northerly direction for a distance of 532.5 feet to an iron pipe driven in the ground at the Southeast corner of the land of the said Brady Plywood Corporation; thence running by and with the same North 70 degrees 35 minutes West for a distance of 1223 feet to the place of beginning, containing 15 acres of land, more of less, being in all respects the same land laid down on a plat made by Roy E. Moore, dated September 17, 1949, and recorded among the Land Records of Wicomico County, Maryland, in Liber J.W.T.S. No. 311, Folio 579, and BEING the same property conveyed unto Mahmoud El-Baf by Deed from Howaida M. El-Baf, Fadi I. El-Ayoubi and Mahmoud El-Baf, dated April 8, 2002, and recorded among the Land Records of Wicomico County, Maryland, in Liber M.S.B. No. 1915, Folio 329.

           All of the above property is being conveyed TOGETHER WITH the improvements and fixtures thereon and any other powers and appurtenances thereto belonging or appertaining.  SUBJECT, however, to an Agricultural Water Quality Cost-Share Agreement with the State of Maryland Department of Agriculture, which said Agreement is recorded among the Land Records of Wicomico County, Maryland, in Liber M.S.B. No. 3465, Folio 271, and to the obligations of such owner as more particularly set forth in any Declarations and Covenants of record, as amended, if any. 

            IMPROVEMENTS:  The above described property consists of a two-story home believed to have approximately 2,620 square feet, more or less, of gross living area and containing 3 bedrooms and 2 full and 1 half bathrooms, together with an outbuilding consisting of 3,230 square feet, more or less, another outbuilding having approximately 320 square feet, more or less, and 5 poultry houses having a total square footage of approximately 75,960 and a bird capacity of approximately 101,280.  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. 

            PERSONAL PROPERTY: Pursuant to the Security Agreement, the Security Agreement provisions contained in the above said Deed of Trust, the Financing Statements recorded among the Land Records of Wicomico County, Maryland, by and between Mahmoud El-Baf and Lender, the above-described property will be sold together with all machinery, fixtures, equipment, furniture, and articles of tangible personal property of every kind and nature whatsoever located or contained in or upon or attached to the land or the improvements or any part thereof and owned b the debtor of sale. The sale of the aforesaid machinery, fixtures, equipment, furniture, and articles of tangible personal property is to be a unified sale as provided for in Section 9-604 of the Uniform Commercial Code. The Secured Creditor has no itemized inventory of the aforesaid machinery, fixtures, equipment, furniture, and articles of tangible personal property and the purchaser is buying whatever machinery, fixtures, equipment, furniture, and articles of tangible personal property 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. It shall be purchaser’s obligation to secure possession of the aforesaid machinery, fixtures, equipment, furniture, and articles of tangible personal property. The purchaser shall be responsible for the payment of Maryland Sales Tax, if any, on the purchase price of the machinery, fixtures, equipment, furniture, and articles of tangible personal property. The above described real property and the aforesaid personal property are collectively called the “property.” The “property” will be offered for sale as an entirety.

            TERMS OF SALE:  A deposit of Fifteen Thousand Dollars ($15,000.00) 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 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 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. 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.  Purchaser shall be responsible for registering the acquisition of the property within thirty (30) days of the above-referenced sale (if applicable). 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 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 Foreclosure

 

Auctioneer:  Pete Richardson Auction Sales & Service, Inc.

 

The Daily Times: Thursday, November 1, 2018; Thursday, November 8, 2018; and
                                 Thursday, November 15, 2018.

410 546 2425

35640 Woodyard Road, Willards, Maryland

Email:  ruth@prauctions.com