Law Offices of Shannon J. Posner, P.A. 909 Ridgebrook Road, Suite 208 Sparks, Maryland 21152 SUBSTITUTE TRUSTEES’ SALE OF COMMERCIAL REAL PROPERTY GENERALLY KNOWN AS 7500 HILLMEADE ROAD, GLENN DALE, MARYLAND 20769 Under and by virtue of the power of sale contained in that certain Deed of Trust, dated December 26, 2007, and recorded among the Land Records of Prince George’s County, Maryland at Liber 29199, folio 560, et seq. (the “Deed of Trust”), the holder of the indebtedness secured by said Deed of Trust (the “Noteholder”) having subsequently appointed J. Patrick Gill and Shannon J. Posner as Substitute Trustees (collectively, the “Trustees”) by instrument duly executed, acknowledged and recorded among the Land Records of Prince George’s County, Maryland for the purposes therein contained, default having occurred under the terms of said Deed of Trust, the undersigned Trustees will offer for sale at the premises, 7500 Hillmeade Road, Glenn Dale, Maryland 20769, on: Tuesday, June 2, 2015 at 11:00 a.m. ALL OF THAT property being situate in Prince George’s County, Maryland, together with the improvements thereon, and being more particularly described as follows (collectively, the “Property”): Beginning for the same at a point on the West side of Hillmeade Road North 53 degrees 19 minutes 15 seconds East 204.20 feet from a point on the division line thence on the property herein described in a deed to Absher recorded in Liber 1205 at folio 308 and running South 53 degrees 19 minutes 15 seconds West 204.20 feet to the division line of the said Abshers’ line South 36 degrees 25 minutes 10 seconds East 137.61 feet thence South 53 degrees 19 minutes 15 seconds West 225.73 feet thence South 86 degrees 38 minutes West 166.09 feet, thence South 05 degrees 28 minutes 30 seconds East 542.51 feet to a stone found thence still on the same call 21.49 feet to a point North 81 degrees 37 minutes 30 seconds East 436.81 feet to the center of the aforesaid Hillmeade Road thence running with said center line North 24 degrees 32 minutes West 659.12 feet to the beginning of a curve to the right whose radius is 3240.62 and thence running along the acre of said curve an arc distance of 189.95 feet (chord North 22 degrees 51 minutes 15 seconds West 189.92 feet) thence North 21 degrees 10 minutes 30 seconds West 73.86 feet thence leaving the center line of said road South 53 degrees 19 minutes 15 seconds West 15.57 feet to the place of beginning containing 5.6330 acres, exclusive of that portion lying within Hillmeade Road according to survey of Meredith Helm, Registered Land Surveyor. SAVING & EXCEPTING 27,050 square feet of land as shown on Right of Way Plat of Hillmeade Road No. 893 & 894, and conveyed to the Board of County Commissioners dated October 20th 1969 and recorded at Liber 3774, folio 814. Being in the 14th Election District. The Property is believed to be improved by a 13,150 sq. ft.+/- detached school facility constructed in 2009 and currently operating as Glenn Dale Montessori School. The Property is believed to consist of 5.03 acres of R-55 zoned land area. TERMS OF SALE: A deposit in the amount of Seventy-Five Thousand Dollars ($75,000.00), payable by cash, certified check, or other form acceptable to the Trustees, will be required of the purchaser at the time and place of sale. The balance of the purchase price shall be due in cash or by certified check with interest on the unpaid balance of the purchase price at the rate of 10% per annum from the date of sale to and including the date of settlement. If ratification or settlement is delayed for any reason, there shall be no abatement of interest. The Trustees reserve the right to: (i) waive or modify the deposit requirement; (ii) reject any and all bids; (iii) keep the bidding open for any length of time; and (iv) extend the time for settlement. In the event that the Noteholder, or an affiliate thereof, is the successful bidder at the sale, such party will not be required to make a deposit or to pay interest on the unpaid purchase money. Real estate taxes, water and all other municipal charges and liens owed against the Property that are not otherwise extinguished as a matter of law as a result of the foreclosure sale shall be the sole responsibility of the purchaser and shall be paid by the purchaser at settlement. The Property will be sold in an "AS IS, WHERE IS" condition and without any warranties or representations, either express or implied, as to the nature, condition or description of the Property, or the improvements thereon, including, without limitation, any warranty relating to the zoning, structural integrity, physical condition, condition of the soil, extent and nature of construction, workmanship, materials, habitability, environmental condition, compliance with applicable laws, fitness for a particular purpose and merchantability. The Property shall be sold subject to all existing housing, building and zoning code violations, subject to all critical area and wetland violations, subject to all environmental problems and violations which may exist on or with respect to the Property, and subject to all matters and restrictions of record affecting the same, if any. The purchaser at the foreclosure sale shall assume the risk of loss for the Property immediately after the sale takes place. It shall be the purchaser’s responsibility to obtain possession of the Property following ratification of the sale by the Circuit Court for Prince George’s County, Maryland and conveyance of the Property by the Trustees to the purchaser. The Property will be sold subject to all senior liens and encumbrances that are not extinguished as a matter of law by the foreclosure sale and the Property will be sold subject to all easements, conditions, restrictions, rights of redemption, covenants, ground rents, ground leases, such state of facts that an accurate survey or physical inspection of the Property might disclose, and agreements of record affecting the same, if any. The cost of all documentary stamps, state and local transfer taxes, recordation taxes and fees, title examination costs incurred by the purchaser’s settlement agent, the purchaser’s own attorneys’ fees, conveyance fees, and all other incidental settlement costs, shall be the responsibility of the purchaser and shall be paid for by the purchaser at settlement. The purchaser shall settle and comply with the sale terms within twenty (20) days following the final ratification of sale by the Circuit Court for Prince George’s County, Maryland, unless said period is extended by the Trustees for good cause shown. Time is of the essence. In the event the purchaser fails to go to settlement as required, in addition to any other legal or equitable remedies available to them, the Trustees may, without further order of the court, declare the aforementioned deposit forfeited and resell the Property at the purchaser’s sole risk and expense. In such event, the defaulting purchaser shall be liable for the payment of any deficiency in the purchase price, all costs and expenses of both sales, reasonable attorneys’ fees, all other charges due, and incidental damages. In the event a resale of the Property results in a sale in excess of the amount originally bid by the defaulting purchaser, the defaulting purchaser waives any and all claims, rights and interest to any such excess amount and shall not be entitled to any distribution whatsoever from the resale proceeds. The parties’ respective rights and obligations regarding the terms of sale and the conduct of the sale shall be governed by and interpreted according to the laws of the State of Maryland. If the Trustees are unable to convey the Property as described above, the purchaser's sole remedy at law or in equity shall be limited to the refund of the aforementioned deposit, without interest thereon. Upon refund of the deposit to the purchaser, the sale shall be void and of no effect, and the purchaser shall have no further claim against the Trustees or the Noteholder. The information contained herein was obtained from sources deemed to be reliable, but is offered for informational purposes only. The Auctioneer, the Noteholder and the Trustees do not make any representations or warranties with respect to the accuracy of this information. J. Patrick Gill Shannon J. Posner, Substitute Trustees For further information, contact: J. Patrick Gill, Esquire Law Offices of Shannon J. Posner, P.A. 909 Ridgebrook Road, Suite 208 Sparks, Maryland 21152 Telephone No.: (410) 472-4000 Alex Cooper Auctioneers, Inc. 908 York Road Towson, Maryland 21204 (410) 828-4838 Enquirer Gazette – Double Column Ad – May 14, 21 & 28 (Hillmeade legal ad) (Serial #456576)
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