Hofmeister, Breza & Leavers Executive Plaza III 11350 McCormick Rd., Suite 1300 Hunt Valley, MD 21031 410-832-8822 SUBSTITUTE TRUSTEES SALE 3-STORY COMMERCIAL BUILDING 123 BALTIMORE ST. CUMBERLAND, MD 21502 Under a power of sale contained in a certain Deed of Trust and Assignment of Rents from R. Barrington Wisdom, dated May 5, 2006 and recorded in Liber 1284, folio 353 among the Land Records of Allegany County, MD, default having occurred under the terms thereof, and at the request of the parties secured thereby, the undersigned Substitute Trustees will sell at public auction at the Circuit Court for Allegany County, at the Court House Door, 30 Washington St., Cumberland, MD 21502, on DECEMBER 1, 2014 AT 1:00 PM ALL THAT FEE-SIMPLE LOT OF GROUND AND THE IMPROVEMENTS thereon situated in Allegany County, Maryland and more fully described in the Deed of Trust and Assignment of Rents. Tax ID No. 22-002961. The property is believed to be improved by a 3-story commercial building. The property will be sold in an "as is" condition and subject to all covenants, conditions, liens, restrictions, easements, agreements and rights-of-way as may affect same, if any and with no warranty of any kind. TERMS OF SALE: A deposit of $7,500 will be required at the time of sale, such deposit to be in cash or certified check, or other form acceptable to the Substitute Trustees in their sole discretion. The deposit must be increased to 10% of the purchase price within 2 business days after the sale, and delivered to the office of the auctioneer in the same form as the initial deposit. Balance of the purchase price is to be paid in cash within ten (10) days of the final ratification of sale by the Circuit Court for Allegany County. If payment of the balance does not take place within ten (10) days of ratification, the deposit(s) may be forfeited and the property may be resold at the risk and expense of the defaulting purchaser. The defaulting purchaser shall not be entitled to any surplus proceeds or profits resulting from any resale of the property. Interest to be paid on unpaid purchase money at the rate pursuant to the Deed of Trust Note from date of sale to date funds are received in the office of the Substitute Trustees in the event the property is purchased by someone other than the holder of the indebtedness. In the event settlement is delayed for any reason, there shall be no abatement of interest. All taxes, ground rent, water, condominium fees and/or homeowner association dues, all public charges, assessments payable on an annual basis, including sanitary and/or metropolitan district charges, and front foot benefit charges, if applicable, to be adjusted to date of sale and assumed thereafter by the purchaser. Cost of all documentary stamps, transfer taxes and settlement expenses for the property shall be borne by the purchaser. Purchaser shall be responsible for obtaining physical possession of the property. Purchaser assumes the risk of loss or damage to the property from the date of sale forward. If the Substitute Trustees are unable to convey good and marketable title, the purchasers sole remedy in law or equity shall be limited to the refund of the deposit. Upon refund of the deposit to purchaser, this sale shall be void and of no effect, and the purchaser shall have no further claims against the Substitute Trustees. The conveyance of the property by the Substitute Trustees to the purchaser at settlement shall be by Trustees Deed without covenants or special warranties. The Substitute Trustees reserve the right to: (1) accept or reject any and all bids and to sell the property in any manner which the Substitute Trustees determines, in their sole discretion, may provide the highest yield to the secured party, (2) modify or waive the requirement for bidders deposits and terms of sale and/or settlement, and (3) to withdraw all or any part of the property from the sale prior to acceptance of the final bid. The property will be sold in an AS IS condition and without any recourse, representations or warranties, either express or implied, as to its nature, condition or description. No representations are made as to the property. Neither the Substitute Trustees, nor any other party, make any warranty or representation of any kind or nature regarding the physical condition of, the description of, or title to the property. The property will be sold subject to any violation notices and subject to all conditions, restrictions, easements, covenants, encumbrances, and agreements of record and all terms, conditions, notes, and matters as set forth and described in the Deed of Trust. 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 the same. NOTE: The information contained herein was obtained from sources deemed to be reliable, but is offered for informational purposes only. Neither the auctioneer, the beneficiary of the Deed of Trust, the Substitute Trustees nor their agents or attorneys make any representations or warranties with respect to the accuracy of information. PROSPECTIVE PURCHASERS ARE URGED TO PERFORM THEIR OWN DUE DILIGENCE WITH RESPECT TO THE PROPERTY PRIOR TO THE FORECLOSURE AUCTION. For additional information, please contact the Substitute Trustees. C. Larry Hofmeister, Jr., Craig B. Leavers, Stephanie H. Hurley, Kaitlin R. Smith, Substitute Trustees ALEX COOPER AUCTS., INC. 908 YORK ROAD, TOWSON, MARYLAND 21204 410-828-4838 ADV.: NOV. 12, 19 & 26 dm(Baltimore 123 legal ad) (Serial #437768)
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