Kenneth L. Hooper, Assignee for the Purpose of Foreclosure
c/o Hearne & Bailey, P.A.
126 East Main Street
Salisbury, Maryland 21801
(410) 749-5144
CIVIL ACTION NO. 19-C-16- 018196
CIRCUIT COURT FOR SOMERSET COUNTY
ASSIGNEE’S SALE OF VALUABLE
UNIMPROVED REAL PROPERTY CONSISTING OF
SIXTY-ONE (61) LOTS IN A SUBDIVISION KNOWN AS “SOMERSET LANDING” AND MORE PARTICULARY DESCRIBED BELOW
Under and by virtue of the Power of Sale and Authority contained in a certain Mortgage from Somerset Landing, LLC to Hebron Savings Bank, dated March 24, 2009, and recorded among the Land Records of Somerset County, Maryland, in Liber I.T.P. No. 745, Folio 230 and re-recorded among the Land Records of Somerset County, Maryland in Liber I.T.P. No. 748, Folio 27, as modified by that Mortgage Modification Agreement, dated December 24, 2014, and recorded among the Land Records of Somerset County, Maryland in Liber C.T.H. No. 889, Folio 480, default having occurred under the terms thereof, and said Mortgage having been assigned to Kenneth L. Hooper, Assignee for the Purpose of Foreclosure, by Assignment of Mortgage, dated August 24, 2016, and recorded among the Land Records of Somerset County, Maryland, in Liber C.T.H.. No. 931, Folio 281, the undersigned Assignee, at the request of the holder of the indebtedness, will offer for sale at public auction the below referenced property AT THE COURT HOUSE ENTRANCE OF THE CIRCUIT COURT FOR SOMERSET COUNTY, AT THE COURT HOUSE STEPS, 30512 PRINCE WILLIAM STREET, PRINCESS ANNE, MARYLAND 21853.
ON TUESDAY, December 20, 2016, AT 10:00 A.M.
LEGAL DESCRIPTION: All those unimproved lots or parcels of land being a part of a subdivision known as “Somerset Landing”, lying and being in the West Princess Anne Election District, Somerset County, Maryland, in the Town of Princess Anne, and more fully described below:
All those unimproved lots as shown and depicted on a plat entitled “Somerset Landing Subdivision, Phase Two”, dated October 2, 2002, by Parker & Associates and recorded among the aforesaid Land Records in Plat Book No. 24, Pages 52 and 53 as follows:
Lot 1, Block D, Somerset Landing Phase 2
30060 Greenspring Drive, Princess Anne
01-025589
Lot 2, Block D, Somerset Landing Phase 2
30052 Greenspring Drive, Princess Anne
01-025597
Lot 1, Block E, Somerset Landing Phase 2
30080 Donnybrook Lane, Princess Anne
01-025856
Lot 2, Block E, Somerset Landing Phase 2
30074 Donnybrook Lane, Princess Anne
01-025864
Lot 3, Block E, Somerset Landing Phase 2
30064 Donnybrook Lane, Princess Anne
01-025872
Lot 5, Block E, Somerset Landing Phase 2
30050 Donnybrook Lane, Princess Anne
01-025899
Lot 9, Block E, Somerset Landing Phase 2
30022 Donnybrook Lane, Princess Anne
01-025937
Lot 14, Block E, Somerset Landing Phase 2
29986 Donnybrook Lane, Princess Anne
01-025996
Lot 15, Block E, Somerset Landing Phase 2
29978 Donnybrook Lane, Princess Anne
01-026003
Lot 1, Block F, Somerset Landing Phase 2
30090 Indian Cottage Road, Princess Anne
01-022466
Lot 2, Block F, Somerset Landing Phase 2
30080 Indian Cottage Road, Princess Anne
01-022458
Lot 3, Block F, Somerset Landing Phase 2
30070 Indian Cottage Road, Princess Anne
01-022431
Lot 4, Block F, Somerset Landing Phase 2
30060 Indian Cottage Road, Princess Anne
01-022423
Lot 5, Block F, Somerset Landing Phase 2
30050 Indian Cottage Road, Princess Anne
01-022415
Lot 6, Block F, Somerset Landing Phase 2
30040 Indian Cottage Road, Princess Anne
01-022407
Lot 7, Block F, Somerset Landing Phase 2
30030 Indian Cottage Road, Princess Anne
01-022393
Lot 8, Block F, Somerset Landing Phase 2
30020 Indian Cottage Road, Princess Anne
01-022385
Lot 9, Block F, Somerset Landing Phase 2
30010 Indian Cottage Road, Princess Anne
01-022377
Lot 10, Block F, Somerset Landing Phase 2
30002 Indian Cottage Road, Princess Anne
01-022369
Lot 11, Block F, Somerset Landing Phase 2
29990 Indian Cottage Road, Princess Anne
01-022350
Lot 12, Block F, Somerset Landing Phase 2
29981 Donnybrook Lane, Princess Anne
01-026178
Lot 13, Block F, Somerset Landing Phase 2
29993 Donnybrook Lane, Princess Anne
01-026186
Lot 14, Block F, Somerset Landing Phase 2
30001 Donnybrook Lane, Princess Anne
01-026194
Lot 15, Block F, Somerset Landing Phase 2
30009 Donnybrook Lane, Princess Anne
01-026208
Lot 16, Block F, Somerset Landing Phase 2
30019 Donnybrook Lane, Princess Anne
01-026216
Lot 17, Block F, Somerset Landing Phase 2
30029 Donnybrook Lane, Princess Anne
01-026224
Lot 18, Block F, Somerset Landing Phase 2
30039 Donnybrook Lane, Princess Anne
01-026232
Lot 19, Block F, Somerset Landing Phase 2
30049 Donnybrook Lane, Princess Anne
01-026240
Lot 20, Block F, Somerset Landing Phase 2
30059 Donnybrook Lane, Princess Anne
01-026259
Lot 21, Block F, Somerset Landing Phase 2
30069 Donnybrook Lane, Princess Anne
01-026267
Lot 22, Block F, Somerset Landing Phase 2
30079 Donnybrook Lane, Princess Anne
01-026275
Lot 13, Block G, Somerset Landing Phase 2
29995 Indian Cottage Road, Princess Anne
01-022156
Lot 14, Block G, Somerset Landing Phase 2
29999 Indian Cottage Road, Princess Anne
01-022164
Lot 15, Block G, Somerset Landing Phase 2
30007 Indian Cottage Road, Princess Anne
01-022172
Lot 16, Block G, Somerset Landing Phase 2
30015 Indian Cottage Road, Princess Anne
01-022180
Lot 17, Block G, Somerset Landing Phase 2
30025 Indian Cottage Road, Princess Anne
01-022199
Lot 18, Block G, Somerset Landing Phase 2
30035 Indian Cottage Road, Princess Anne
01-022202
Lot 19, Block G, Somerset Landing Phase 2
30045 Indian Cottage Road, Princess Anne
01-022210
Lot 20, Block G, Somerset Landing Phase 2
30055 Indian Cottage Road, Princess Anne
01-022229
Lot 21, Block G, Somerset Landing Phase 2
30065 Indian Cottage Road, Princess Anne
01-022237
Lot 22, Block G, Somerset Landing Phase 2
30075 Indian Cottage Road, Princess Anne
01-022245
Lot 23, Block G, Somerset Landing Phase 2
30085 Indian Cottage Road, Princess Anne
01-022253
Lot 24, Block G, Somerset Landing Phase 2
30095 Indian Cottage Road, Princess Anne
01-022261
Lot 13, Block H, Somerset Landing Phase 2
11760 Drexwood Drive, Princess Anne
01-022016
Lot 14, Block H, Somerset Landing Phase 2
11770 Drexwood Drive, Princess Anne
01-022288
Lot 15, Block H, Somerset Landing Phase 2
11780 Drexwood Drive, Princess Anne
01-022296
Lot 16, Block H, Somerset Landing Phase 2
11790 Drexwood Drive, Princess Anne
01-022318
Lot 17, Block H, Somerset Landing Phase 2
11800 Drexwood Drive, Princess Anne
01-022326
Lot 18, Block H, Somerset Landing Phase 2
11810 Drexwood Drive, Princess Anne
01-022334
Lot 19, Block H, Somerset Landing Phase 2
11820 Drexwood Drive, Princess Anne
01-025031
Lot 20, Block H, Somerset Landing Phase 2
11830 Drexwood Drive, Princess Anne
01-025058
Lot 21, Block, H, Somerset Landing Phase 2
11840 Drexwood Drive, Princess Anne
01-025066
Lot 22, Block H, Somerset Landing Phase 2
11848 Drexwood Drive, Princess Anne
01-025074
Lot 23, Block H, Somerset Landing Phase 2
11856 Drexwood Drive, Princess Anne
01-025082
Lot 6, Block I, Somerset Landing Phase 2
11767 Robyn Lane, Princess Anne
01-023381
Lot 7, Block I, Somerset Landing Phase 2
11783 Robyn Lane, Princess Anne
01-023403
Lot 8, Block I, Somerset Landing Phase 2
11791 Robyn Lane, Princess Anne
01-023411
(Note: Some of the above Lots are also reflected on a prior Plat entitled “Somerset Landing Subdivision Northgate”, dated September 9, 1988, and recorded among the aforesaid Land Records in Plat Book No. 15, Pages 99, 99A, 99B, 99C and 99D)
All those unimproved lots as shown and depicted on a plat entitled “Somerset Landing Subdivision”, dated April 6, 1987, and recorded among the Land Records for Somerset County, Maryland, in Plat Book No. 15, Pages 3, 3A, 3B, 3C and 3D, as follows:
Lot 1, Block G, Somerset Landing, Southgate
30166 Deal Island Road, Princess Anne
01-023330
Plat 15/Page 3B
Lot 2, Block G, Somerset Landing, Southgate
11721 Robyn Lane, Princess Anne
01-023349
Plat 15/Page 3B
Lot 3, Block G, Somerset Landing, Southgate
11731 Robyn Lane, Princess Anne
01-023357
Plat 15/Page 3B
Lot 4, Block G, Somerset Landing, Southgate
11743 Robyn Lane, Princess Anne
01-023365
Plat 15/Page 3B
Being a part of the same land described in deed from Cedar Landing Development, Inc., to Somerset Landing, LLC, dated March 24, 2009, and recorded among the Land Records of Somerset County, Maryland, in Liber I.T.P. No. 745, Folio 218.
All of the above said property described above being conveyed TOGETHER WITH the rights and appurtenances thereto belonging or appertaining. SUBJECT, however, to the obligations of such owner as more particularly set forth in any Declarations and Covenants of record, as amended, if any. The above described property is being offered for sale SUBJECT to any violation notices and subject to and together with all covenants, agreements, conditions, liens, easements and restrictions as may appear among the Land Records of Somerset County, Maryland, affecting same, if any.
WATER AND SEWER ALLOCATIONS/FEES: Assignee has been advised by the Somerset County Sanitary District, Inc. that there are eighteen (18) of the above referenced lots that have Water and Sewer Allocations (Lots 1 and 2, Block D, Greenspring Drive; Lots 1, 2, 3, 5, 9, 14 and 15, Block E, Donnybrook Lane; Lots 13, 14, 15, and 16, Block F, Donnybrook Lane; Lots 14 and 18, Block G, Indian Cottage Road; and three (3) unidentified lots). The Assignee has also been advised by the Somerset County Sanitary District Inc. that, upon development and hook up, there is a Water and Sewer Connection Fee of $6,000.00 per Lot and there may possibly be a Fire Service Fee of $2,500.00 per Lot (depending upon whether said Lots are grandfathered). Assignee makes no representation as to the accuracy of the aforesaid information and same is provided for informational purposes only. Prospective purchasers should contact the Somerset County Sanitary District, Inc. directly to determine the Water and Sewer Allocations, Water and Sewer Connection Fees and any Fire Service Fees.
MANNER OF SALE: The Assignee will first offer for sale the above referenced lots individually as follows: The individual lots will be offered for sale on a per lot sale price basis. The highest bidder will have the option to take as many of the above lots of his, her or its choosing at the per lot sale price. The Assignee will reserve the bids thereon. The remaining individual lots will again be offered for sale on a per lot sale price basis. The highest bidder will have the option to take as many of the above remaining lots of his, her or its choosing at the per lot sale price. The Assignee will reserve the bids thereon. The Assignee will repeat the aforesaid manner of sale until all individual lots are sold, and the Assignee will reserve the bids thereon. The Assignee will then offer for sale, as an entirety, all the above lots and will reserve the bid thereon. The Assignee, in his sole and absolute discretion, shall then be entitled to select the bid or bids that result in the highest price or prices. The Assignee also reserves the right to change the method of bidding in his sole and absolute discretion by announcement made at the time and place of sale.
TERMS OF SALE: For each of the individual lots, a deposit in the amount of Five Hundred Dollars ($500.00) per lot will be required of the purchaser of each individual lot on the day of sale. For the sale of all the lots as an entirety, a deposit in the amount of Thirty Thousand Dollars ($30,000.00) will be required of the purchaser of all lots as an entirety. 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 Assignee, the balance of the purchase price to be secured to the satisfaction of the Assignee. 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 Somerset County, Maryland, unless such period is extended by the Assignee, his 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 3.00% 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 him, the Assignee 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 Assignee. 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 property 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. The Assignee assumes no responsibility for security deposits or other monies paid by tenants/patrons (if any) to anyone. The purchaser is purchasing the subject property subject to any Somerset County and/or Town of Princess Anne 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 Assignee is 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 Assignee or his agents, attorneys, employees, successors and assigns. Assignee makes no warranties, expressed or implied, as to the use or zoning of the property. There are no warranties as to the property’s compliance with any building or zoning code in effect and bidder should verify all matters in person. Risk of loss passes at the date and time of sale. Neither the Assignee, 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 Assignee, 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 Assignee to the purchaser at settlement shall be by Assignee Deed without covenant or warranty. The Assignee reserves the right to reject any and all bids and to withdraw all or any part of the property from the sale. Assignee reserves 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. The holder of the indebtedness shall be permitted to bid at sale. The contract of sale between the Assignee, as seller, and the purchaser (the “Contract of Sale”) shall include, by reference, all the terms and conditions contained herein, and such other terms as deemed appropriate by the Assignee. 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, Assignee, at (410) 749-5144, or Pete Richardson Auction Sales & Service, Inc. at (410) 546-2425.
Kenneth L. Hooper, Assignee
for the Purpose of Foreclosure
Auctioneer: Pete Richardson Auction Sales & Service, Inc.