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Legal Notices JULY 26, 2007 THE MONTGOMERY COUNTY SENTINEL L-1 LEGAL NOTICES SUBSTITUTE TRUSTEES SALE SUBSTITUTE TRUSTEES SALE SUBSTITUTE TRUSTEES SALE SUBSTITUTE TRUSTEES SALE chase price sustained by the Trustees or the Noteholder, all costs and expenses of both sales, reasona- Law Offices of ble attorneys' fees, and any other damages sustained by the Trustees or the Noteholder, including, Gebhardt & Smith LLP without limitation, all incidental damages. If the Trustees are unable to convey the Property as descri- One South Street, Suite 2200 bed above, the purchaser's sole remedy at law or in equity shall be limited to a refund of the afore- Baltimore, Maryland 21202 mentioned deposit, without interest thereon. Upon refund of the deposit to the purchaser(s) as afore- said, the sale shall be void and of no effect, and the purchaser(s) shall have no further claim against SUBSTITUTE TRUSTEES’ SALE OF VALUABLE UNIMPROVED LAND the Trustees, the Noteholder or the auctioneer conducting the sale of the Property. The parties' re- LOCATED ON METROPOLITAN GROVE ROAD, GAITHERSBURG, MARYLAND spective rights and obligations regarding the terms of sale and the conduct of the sale shall be gov- erned by and interpreted according to the laws of the State of Maryland. Under and by virtue of the power of sale contained in that certain Deed of Trust, dated October 23, 2003 ("Deed of Trust"), from Kevin Howard ("Grantor") to Arrel E. Godfrey and Charles R. David V. Fontana and Kenneth R. Rhoad, Carder, IV, Trustees, which such Deed of Trust is recorded among the Land Records of Montgomery Substitute Trustees County, Maryland at Liber 25878, page 267, the holder of the indebtedness secured by said Deed of For further information, please contact: Trust ("Noteholder") having subsequently appointed David V. Fontana and Kenneth R. Rhoad as David V. Fontana Substitute Trustees ("Trustees") in the place of Arrel E. Godfrey and Charles R. Carder, IV by a Deed One South Street, Suite 2200 of Appointment, dated March 7, 2007, and recorded at Liber 33966, page 229 among the aforesaid Baltimore, Maryland 21202 Land Records, default having occurred under the terms of said Deed of Trust, and at the request of [email protected] the party secured thereby, the Trustees will offer for sale to the highest qualified bidder at a public (410) 385-5053 auction to be held at the front steps of the Circuit Court for Montgomery County located at Mont- 01519721 3t 07/26/07 gomery Judicial Center, 50 Maryland Avenue, Rockville, Maryland 20850, on: SUBSTITUTE TRUSTEES SALE SUBSTITUTE TRUSTEES SALE Tuesday, July 31, 2007 At 10:00 a.m. days of ratification of the sale, the Substitute Trust- COHN, GOLDBERG & DEUTSCH, LLC ees may, in addition to any other available legal ALL OF THAT tract or parcel of land situate, lying and being in Montgomery County, Maryland, ATTORNEYS AT LAW remedies, declare the entire deposit forfeited and together with all improvements thereon, and being more particularly described as follows (collective- 600 BALTIMORE AVENUE resell the property at the risk and cost of the de- ly, the "Property"): SUITE 208 faulting purchaser. In such event, the defaulting TOWSON, MARYLAND 21204 purchaser shall be liable for the payment of any de- Lot numbered Six (6) in the division of part of a tract of land known as "Younger Brother" as made ficiency in the purchase price, all costs and expens- by William Musser, surveyor for Richard Thompson, October 25, 1879, and being all of the land SUBSTITUTE TRUSTEES' SALE es of resale, reasonable attorney's fees, and all other which is more particularly described in a deed dated March 25, 1952 from Bradley W. Prather and OF IMPROVED REAL PROPERTY charges due and incidental and consequential dam- ages. The purchaser shall not be entitled to any Gladys Prather, his wife, to Allen Howard and Mildred Howard, his wife, which is recorded in Liber 105 TIMBERBROOK LANE, UNIT 204 GAITHERSBURG, MD 20878 surplus proceeds or profits resulting from any re- 1645 at folio 162, one of the land records of Montgomery County. sale of the property. If the Substitute Trustees can- not convey insurable title, the purchaser's sole rem- The Property has a tax identification number of 09-00771546 and is located on Metropolitan Under a power of sale contained in a certain Deed of Trust from Tish E. Hove dated March 8, 2006 edy at law or in equity shall be the return of the de- Grove Road, Gaithersburg, Maryland. The Property is believed to be unimproved land consisting of posit. The sale is subject to post-sale confirmation 42,688 +/- square feet, and is believed to be zoned MXD. and recorded in Liber 32076, Folio 365 among the Land Records of Montgomery County, Maryland, and audit of the status of the loan with the loan with an original principal balance of $178,000.00, servicer including, but not limited to, determination TERMS OF SALE: A deposit in the amount of Fifty Thousand Dollars ($50,000.00), payable in and an original interest rate of 7.000, default having of whether the borrower entered into any repay- cash or certified check, will be required of the purchaser(s) at the time and place of sale. The balance occurred under the terms thereof, the Substitute ment agreement, reinstated or paid off the loan pri- of the purchase price, together with interest thereon at the rate of ten percent (10%) per annum from Trustees will sell at public auction at the Court- or to the sale. In any such event, this sale shall be the date of sale to the date of settlement, shall be due in cash or certified check within twenty (20) house door for the Circuit Court for Montgomery null and void, and the Purchaser's sole remedy, in days following final ratification of the sale by the Circuit Court for Montgomery County, Maryland. County, on law or equity, shall be the return of his deposit Time is of the essence. Settlement shall be held at the offices of Gebhardt & Smith LLP, One South August 1, 2007 AT 11:23 AM without interest. Street, Suite 2200, Baltimore, Maryland 21202, or such other place as may be agreed to by the Trust- ALL THAT FEE-SIMPLE LOT OF GROUND and Edward S. Cohn, Stephen N. Goldberg, Richard E. ees. In the event the beneficiary under the Deed of Trust, or an affiliate or subsidiary thereof, is the the improvements thereon situated in Montgomery Solomon, and Richard J. Rogers, successful bidder at the sale, such party will not be required to deliver a deposit to the Trustees or to County, MD and more fully described in the afore- Substitute Trustees pay interest on the unpaid purchase price. The Trustees reserve the right to reject any and all bids, said Deed of Trust. The property is improved by a 01519751 3t 07/26/07 Mid-Atlantic Auctioneers, LLC and to extend the time for settlement, at their discretion. dwelling. The property will be sold in an "as is" condition 606 Baltimore Avenue, Suite 206 and subject to conditions, restrictions and agree- Towson, Maryland 21204 All taxes, assessments, water rent, county or municipality charges, homeowner association charg- (410) 825-2900 www.mid-atlanticauctioneers.com es and fees and senior liens that are owed against the Property shall be the sole responsibility of the ments of record affecting same, if any and with no purchaser(s) and shall be paid by the purchaser(s) at settlement. In addition, the cost of all documen- warranty of any kind. Terms of Sale: A deposit of $18,000.00 by cash or tary stamps, recordation fees and taxes, transfer taxes, title examination costs, attorneys’ fees and all Friedman & MacFadyen, Solicitors certified funds is required at the time of sale. Bal- other costs associated with conveying the Property to the purchaser(s) shall also be the sole responsi- ance of the purchase price to be paid in cash within 210 E. Redwood Street bility of the purchaser(s) and shall be paid for by the purchaser(s) at settlement. ten days of final ratification of sale by the Circuit Baltimore, Maryland 21202 Court for Montgomery County. Interest to be paid 410-685-1763 The Property is being sold in an "AS IS" condition and without any warranties or representations, on the unpaid purchase money at the note rate from either express or implied, as to the nature, condition, value, use or description of the Property or any the date of sale to the date funds are received in the SUBSTITUTE TRUSTEES' SALE improvements thereon. office of the Substitute Trustees. In the event set- OF IMPROVED REAL PROPERTY tlement is delayed for any reason, there shall be no The Property is being sold subject to all senior liens and encumbrances that are not extinguished by abatement of interest. Real estate taxes to be ad- 19742 WOOTTON AVENUE operation of law by the foreclosure sale of the Property and subject to all easements, equitable servi- justed as of the date of sale. All other public charg- POOLESVILLE, MD 20837 tudes, conditions, rights of way, restrictions, rights of redemption, covenants, declarations and restric- es or assessments, including water/sewer charges, tions of record affecting the Property. Furthermore, the Property is being sold subject to all nuisances, ground rent, condo/HOA dues, whether incurred Under a power of sale contained in a certain housing code violations, building code violations, zoning code violations, critical area and wetland prior to or after the sale, and all other costs incident Deed of Trust from Katherine J. Petz, dated Jan- violations, and environmental problems, conditions and hazards which may exist on or with respect to settlement to be paid by the purchaser.
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