Charles R. Dashiell, Jr., and Kenneth L. Hooper
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. 23-C-16-000062 FC
CIRCUIT COURT FOR WORCESTER COUNTY, MARYLAND
TRUSTEES’ AND SECURED PARTY’S SALE OF VALUABLE
REAL PROPERTIES, EACH IMPROVED WITH A MOBILE HOME, AND KNOWN AS
117 SANDY HILL DRIVE, OCEAN CITY, MARYLAND 21842 AND
301 NAUTICAL LANE, OCEAN CITY, MARYLAND 21842
Under and by virtue of the Power of Sale and Authority contained in a certain Purchase Money Deed of Trust from Heinz Roes and Carol L. Roes to Charles R. Dashiell, Jr., and Kenneth L. Hooper, Trustees for the benefit of First Shore Federal Savings and Loan Association, dated July 21, 2006, and recorded among the Land Records of Worcester County, Maryland, in Liber S.V.H. No. 4776, Folio 295, and pursuant to the Authority contained in a Security Agreement, dated July 21, 2006, from Heinz Roes to First Shore Federal Savings and Loan Association, together with a Financing Statement recorded among the Land Records of Worcester County, Maryland, in Liber S.V.H. No. 4776, Folio 293, default having occurred under the terms thereof, the undersigned Trustees, at the request of the Beneficiary/Secured Party, will sell at public auction, to the highest bidder, the below referenced Property AT THE COURT HOUSE ENTRANCE OF THE CIRCUIT COURT FOR WORCESTER COUNTY, AT THE COURT HOUSE STEPS, LOCATED AT ONE WEST MARKET STREET, SNOW HILL, MARYLAND 21863
ON WEDNESDAY, JUNE 8, 2016, AT 10:00 A.M.
LEGAL DESCRIPTION: Those two properties located in the Montego Bay Mobile Home Park in the Town of Ocean City, Maryland, and more particularly described as follows:
ITEM ONE (Tax Account #10-195934); 117 Sandy Hill Drive, Ocean City, Maryland 21842: All that lot, part of a lot or parcel of land lying and being situate in the Town of Ocean City, in the Tenth Election District of Worcester County, Maryland, and being more particularly designated and distinguished as Lot No. 390, as laid down on a plat entitled “Montego Bay Mobile Home Park – Section 3-A,” which said plat is duly recorded among the Land Records of Worcester County, Maryland, in Plat Book F.W.H. No. 23, Folio 27, et seq.; and being the same property conveyed unto Heinz Roes and Carol L. Roes by Deed from Harry J. Heineman and Ramute Heineman, dated July 21, 2006, and recorded among the Land Records of Worcester County, Maryland, in Liber S.V.H. No. 4776, Folio 286.
IMPROVEMENTS: The above described Item One is improved by a trailer/ mobile home. It is believed but not represented that the trailer/mobile home is a 1984 LAYT trailer/mobile home containing approximately 840 square feet, more or less, of living space.
ITEM TWO (Tax Account #10-197325); 301 Nautical Lane, Ocean City, Maryland 21842: All that lot or parcel of land situate and lying in the Town of Ocean City, in the Tenth Election District of Worcester County, Maryland, designated and described as Lot 196, as shown on a plat entitled “MONTEGO BAY MOBILE HOME PARK – SECTION VI-A,” which plat is duly recorded among the Land Records of Worcester County, Maryland in Plat Book F.W.H. No. 61, Folio 76, et seq.; and being the same property conveyed unto Heinz Roes and Carol L. Roes by Deed from Madeline Barnes, Personal Representative of the Estate of John J. Barnes, a/k/a John Joseph Barnes, dated June 10, 2002, and recorded among Land Records of Worcester County, Maryland, in Liber S.V.H. No. 3357, Folio 221.
IMPROVEMENTS: The above described Item Two is improved by a trailer/mobile home. It is believed but not represented that the trailer/mobile home is a 1979/1980 LIBE trailer/mobile home containing approximately 924 square feet, more or less, of living space.
PRIOR LIEN ON ITEM TWO: Item Two above is being sold subject to a first Purchase Money Deed of Trust from Heinz Roes and Carol L. Roes to SunTrust Mortgage, Inc., serviced by Specialized Loan Servicing, LLC, and recorded among the Land Records of Worcester County, Maryland, in Liber S.V.H. No. 3357, Folio 226, the outstanding balance of which will be announced at the time of sale, if made available to the Trustees.
Item One and Item Two described above are being conveyed TOGETHER WITH the improvements thereon and the rights and appurtenances thereto belonging or appertaining, including, but not limited to the rights and easements set forth in a Declaration by Montego Bay Development Corporation, dated May 1, 1969, and recorded among the Land Records of Worcester County, Maryland, in Liber F.W.H. No. 252, Folio 264, et seq.; SUBJECT, NEVERTHELESS, to any violation notices and subject to and together with and subject to all covenants, agreements, conditions, liens, easements and restrictions as may appear among the Land Records of Worcester County, Maryland, affecting same, including, but not limited to the restrictions, covenants, conditions and servitude set forth in the aforesaid Declaration of Montego Bay Development Corporation, dated and recorded as aforesaid, imposed on all numbered lots in the aforesaid subdivision known as “Montego Bay Mobile Home Park,” as the same may have been modified by an Agreement by and between Montego Bay Development Corporation and Montego Bay Civic Association, Inc., dated April 25, 1970, and recorded as aforesaid in Liber F.W.H. No. 282, Folio 490, et seq.; and by Assignment from the said Montego Bay Development Corporation to Montego Bay Civic Association, Inc., dated August 1, 1970, and recorded as aforesaid in Liber F.W.H. No. 297, Folio 191, et seq.; and by Revised Declaration of Restrictions recorded as aforesaid in Liber F.W.H. No. 438, Folio 76, et seq.; and also by a Second Revised Declaration of Restrictions dated August 19, 1978, and recorded as aforesaid in Liber F.W.H. No. 653, Folio 681, et seq.; and also by a Third Revised Declaration of Restrictions dated August 14, 1979, and recorded as aforesaid in Liber F.W.H. No. 674, Folio 445, et seq.; and by a Fourth Revised Declaration of Restrictions dated February 24, 1982, and recorded as aforesaid in Liber F.W.H. No. 804, Folio 384, et seq.; and also by a Declaration of Restrictions of Montego Bay Residential Community, effective April 12, 2014, and recorded among the Land Records of Worcester County, Maryland in Liber S.V.H. No. 6353, Folio 291.
UNIFIED SALE: Pursuant to the UCC Security Agreement and the Financing Statement referenced above, by and between Heinz Roes and First Shore Federal Savings and Loan Association, each of the above described real properties will be sold, together with the respective trailer/mobile home on the date of sale. To the extent that the trailer/mobile home constitutes personal property, the sale of the trailer/mobile home shall be a unified sale as provided for in Section 9-604 of the Uniform Commercial Code. Trustees and Secured Party make no representations as to the condition or status of the trailer/mobile home. The purchaser shall be responsible for the payment of Maryland sales tax, if any. Each of the above described real properties together with the respective trailer/mobile home is collectively called the “Property.” Each Property will be offered for sale as an entirety.
MANNER OF SALE: The Trustees will offer for sale, separately, Item One and Item Two, in whichever order the Trustees, in their discretion, deem appropriate. The 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 in the amount of Five Thousand Dollars ($5,000.00) will be required of the purchaser of Item One on the day of sale. A deposit in the amount of Five Thousand Dollars ($5,000.00) will be required of the purchaser of Item Two 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 Trustees, the balance of the purchase price to be secured to the satisfaction of the Trustees. In the event the holder of the indebtedness secured by the Purchase Money 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 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 Purchase Money Deed of Trust, or any of its subsidiaries or related entities, interest shall be paid on the unpaid purchase money at the rate of 6.50% 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 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 Trustees. The purchaser shall not be entitled to any surplus proceeds or profits resulting from any resale of the Property. The Property and improvements 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/condominium 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 Trustees assume no responsibility for security deposits or other monies paid by tenants/patrons to anyone. The purchaser is purchasing the subject Property subject to any Worcester County and/or Town of Ocean City 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 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 Trustees or their agents, attorneys, employees, successors and assigns. Trustees make no warranties, expressed or implied, as to the use or zoning of the Property or the habitability condition of the premises on the Property. There are no warranties as to the buildings’ 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 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 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 Trustees to the purchaser at settlement shall be by Trustees Deed without covenant or warranty. The Trustees reserve the right to reject any and all bids and to withdraw all or any part of the Property from the sale. 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 Purchase Money 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 contract of sale between the 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 Trustees deem necessary and appropriate. Purchaser shall be responsible for registering the acquisition of the Property within thirty (30) days of the above referenced foreclosure auction. 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 Charles R. Dashiell, Jr., Trustee, at (410) 749-5144, or Pete Richardson Auction Sales & Service, Inc. at (410) 546-2425.
Charles R. Dashiell, Jr.,
Kenneth L. Hooper
Trustees for the Purpose of Foreclosure
Auctioneer: Pete Richardson Auction Sales & Service, Inc.