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-23-CV-17-000242
CIRCUIT COURT FOR WORCESTER COUNTY
SUBSTITUTE TRUSTEES’ SALE OF
VALUABLE UNIMPROVED REAL PROPERTY KNOWN AS
LOT 34, TIMBERNECK DRIVE, BERLIN, MARYLAND 21811 (AKA LOT 34, TIMBERNECK DRIVE, OCEAN CITY, MARYLAND 21842) AND SRA UTILITY LOT 34
AS MORE PARTICULARY DESCRIBED BELOW
(TAX ACCOUNT NO. 10-441226)
Under and by virtue of the Power of Sale and Authority contained in a certain Deed of Trust from Joel C. McTavish to Charles R. Dashiell, Jr. and Kenneth L. Hooper, Trustees for the benefit of First Shore Federal Savings and Loan Association, dated September 22, 2008, and recorded among the Land Records of Worcester County, Maryland, in Liber S.V.H. No. 5153, Folio 676, 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 June 30, 2017, and recorded among the Land Records of Worcester County, Maryland, in Liber S.R.B. No. 7033, Folio 204, the undersigned Substitute Trustees, 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 WORCESTER COUNTY, AT THE COURT HOUSE STEPS, ONE W. MARKET STREET, SNOW HILL, MARYLAND 21863.
ON WEDNESDAY, DECEMBER 6, 2017, AT 1:00 P.M.
LEGAL DESCRIPTION: ALL those lots or parcels of land situate in the Tent Tax District of Worcester County, Maryland, and more particularly described as follows: Item One: ALL that certain lot or parcel of land lying and being situate in the Tenth Tax District of Worcester County, Maryland, being more particularly designated and described as follows: Lot No. 34 on a plat entitled “WINDING CREEK ESTATES, LOTS 1-37, TAX MAP 33, PARCEL 112, TAX MAP 42 – PARCELS 10, 13 AND 32, TENTH TAX DISTRICT – WORCESTER COUNTY, MARYLAND”, made by CNA Engineers, Surveyors, & Landscape Architects, which said plat is duly filed for record among the Land Records of Worcester County, Maryland in Plat Book S.V.H. No. 197, folio 12, et seq., all as said lot was amended by plats entitled “Amendment to, Winding Creek Estates, Lots 1 – 37, Tenth Tax District – Worcester County – Maryland”, prepared by CNA Engineers, Surveyors & Landscape Architects, which said plat is duly filed for record among the Land Records of Worcester County, Maryland in Plat Book S.V.H. No. 206, Folio 60, et seq; and Item Two: ALL that certain lot or parcel of land lying and being situate in the Tenth Tax District of Worcester County, Maryland, being more particularly designated and described as follows: SRA Utility Lot 34, on a plat entitled “WINDING CREEK ESTATES, LOTS 1-37, TAX MAP 33, PARCEL 112, TAX MAP 42 – PARCELS 10, 13 AND 32, TENTH TAX DISTRICT – WORCESTER COUNTY, MARYLAND”, made by CNA Engineers, Surveyors, & Landscape Architects, which said plat is duly filed for record among the Land Records of Worcester County, Maryland, in Plat Book S.V.H. No. 197, folio 12, et seq., all as said lot was amended by plats entitled “Amendment to, Winding Creek Estates, Lots 1 – 37, Tenth Tax District – Worcester County – Maryland – which said plat is duly filed for record among the Land Records of Worcester County, Maryland in Plat Book S.V.H. No. 206, Folio 60, et seq. TOGETHER WITH the right to access the SRA Utility Lot 34 through the Access and Utility Easement as the same extends from Lot 34 on the aforesaid plat to that certain 5 foot Pipe Easement located in the easement area of Lot 35 as same extends across Winding Creek Drive and to the Utility Easement located across the lands of Lot 3, 4, 5, 6, 7, 8 and 9 to the 20 foot Access and Drainage Utility Easement located between Lots 9 and 10 in the subdivision as said 20 foot Access and Drainage Utility Easement runs through and to SRA Utility Lot 34 all as the same is more particularly designated and set forth on the aforesaid plat. BEING all and the same property described in deed from Shamrock Sisters, LLC, to Joel C. McTavish, dated September 22, 2008, and recorded among the Land Records of Worcester County, Maryland, in Liber S.V.H. No. 5153, Folio 0670.
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 Worcester County, Maryland, affecting same, if any.
IMPROVEMENTS: The above described property is unimproved. The aforesaid information was obtained from sources deemed to be reliable but is offered for informational purposes only and the Assignee does not make any representations or warranties with respect to the accuracy of this information. Purchaser accepts the property “AS IS” and “WHERE IS.” Quality or quantity of the land is not of the essence.
TERMS OF SALE: A deposit in the amount of Five Thousand Dollars ($5,000.00) will be required of the purchaser on the day of sale. 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 Worcester County, Maryland, unless such period is extended by the Substitute Trustees, their 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 Deed of Trust, or any of its subsidiaries or related entities, interest shall be paid on the unpaid purchase money at the rate of 4.00% 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 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 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 Substitute Trustees assume 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 Worcester 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 agents, attorneys, employees, successors and assigns. The Substitute Trustees make 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 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 and to withdraw all or any part of the property from the sale. 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. The holder of the indebtedness 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, and such other terms as deemed appropriate by the Substitute Trustees. 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.
Kenneth L. Hooper and Reena J. Patel,
Substitute Trustees for the Purpose of Foreclosure