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AUGUST 24, 2017 THE MONTGOMERY COUNTY SENTINEL L-1 LEGAL NOTICES PUBLIC NOTICE SUBSTITUTE TRUSTEES SALE SUBSTITUTE TRUSTEES SALE BWW Law Group, LLC BWW Law Group, LLC PUBLIC NOTICE 6003 Executive Blvd., Suite 101 6003 Executive Blvd., Suite 101 Rockville, MD 20852 Rockville, MD 20852 Proposed Grant of Non-Exclusive Franchise to (301) 961-6555 (301) 961-6555 Bethesda Avenue, LLC (d/b/a Ourisman Honda of Bethesda) for Use of Portion of SUBSTITUTE TRUSTEES' SALE SUBSTITUTE TRUSTEES' SALE Montgomery County Georgetown Branch Shared Access Easement Air Space and Support OF REAL PROPERTY AND ANY OF REAL PROPERTY AND ANY IMPROVEMENTS THEREON IMPROVEMENTS THEREON Bethesda Avenue, LLC ("Ourisman") has requested a non-exclusive franchise in Montgomery County, Maryland to locate, support, construct, install, operate, and maintain certain improvements 18882 MC FARLIN DR. 11500 LOCKHART PL. within a portion of the air space in the Georgetown Branch Public Right-of-Way ("GB Right-of- A/R/T/A 1882 MCFARLIN DR. SILVER SPRING, MD 20902 Way") within which Ourisman has a non-exclusive reciprocal easement for access to its property at GERMANTOWN, MD 20874 4800 Bethesda Avenue, Bethesda, Maryland. The area abuts a portion of the Capital Crescent Trail. Under a power of sale contained in a certain Deed of Under a power of sale contained in a certain Deed of Trust dated June 28, 2010 and recorded in Liber Ourisman proposes the following franchise (collectively, "Franchise Rights"): Trust dated December 8, 2005 and recorded in Liber 39691, Folio 20 among the Land Records of Mont- 31508, Folio 7 among the Land Records of Montgom- gomery County, MD, with an original principal bal- 1. Use of a portion of the GB Right-of-Way for placement of 5 vertical support columns at and ery County, MD, with an original principal balance of ance of $735,000.00 and a current interest rate of below the surface of the access easement, and for an approximately 1,103 SF horizontal plane of air $306,000.00 and a current interest rate of 2%, default 5.56%, default having occurred under the terms rights beginning approximately 19' above the access easement within the GB Right-of-Way to having occurred under the terms thereof, the Sub. thereof, the Sub. Trustees will sell at public auction at permissibly locate a portion of a private parking garage ("Garage"); and, Trustees will sell at public auction at the Circuit Court the Circuit Court for Montgomery County, at the for Montgomery County, at the Court House Door, 50 Court House Door, 50 Maryland Ave., Rockville, MD Maryland Ave., Rockville, MD 20850, on 20850, on 2. Use of an approximately 300 SF vertical plane beginning approximately 15' above the surface AUGUST 25, 2017 AT 3:34 PM AUGUST 25, 2017 AT 3:36 PM of the GB Right-of-Way for an overhead canopy. ALL THAT FEE SIMPLE LOT OF GROUND, to- ALL THAT FEE SIMPLE LOT OF GROUND, to- gether with any buildings or improvements thereon gether with any buildings or improvements thereon Consideration. In accordance with Section 49-20 of the Montgomery County Code, Ourisman situated in Montgomery County, MD and more fully situated in Montgomery County, MD and more fully proposes to provide land interests, services, construction and other in-kind compensation, as described in the aforesaid Deed of Trust. described in the aforesaid Deed of Trust. consideration for the grant of the Franchise Rights, including: The property, and any improvements thereon, will be The property, and any improvements thereon, will be sold in an "as is" condition and subject to conditions, sold in an "as is" condition and subject to conditions, restrictions and agreements of record affecting the restrictions and agreements of record affecting the 1. Creation of a new, approximately 2,236 SF public plaza ("New Public Plaza") as follows: same, if any, and with no warranty of any kind. same, if any, and with no warranty of any kind. Terms of Sale: A deposit of $31,000 in the form of Terms of Sale: A deposit of $42,000 in the form of Ourisman relinquishes access to a portion of the GB Right-of-Way: 932 SF certified check, cashier's check or money order will be certified check, cashier's check or money order will be Ourisman grants an additional servitude to land in its 10' access easement: 570 SF required of the purchaser at time and place of sale. required of the purchaser at time and place of sale. Ourisman grants an easement on portion of its fee simple land: 734 SF Balance of the purchase price, together with interest Balance of the purchase price, together with interest Total: 2,236 SF on the unpaid purchase money at the current rate con- on the unpaid purchase money at the current rate con- tained in the Deed of Trust Note from the date of sale tained in the Deed of Trust Note from the date of sale to the date funds are received by the Sub. Trustees, to the date funds are received by the Sub. Trustees, 2. Relocation of Access Easement onto Ourisman property: 1,653 SF payable in cash within ten days of final ratification of payable in cash within ten days of final ratification of the sale by the Circuit Court. There will be no abate- the sale by the Circuit Court. There will be no abate- Total Ourisman new encumbrances: 3,889 SF ment of interest due from the purchaser in the event ment of interest due from the purchaser in the event additional funds are tendered before settlement. TIME additional funds are tendered before settlement. TIME 3. Ourisman proposes a western relocation of its driveway for enhanced safety and visibility and IS OF THE ESSENCE FOR THE PURCHASER. IS OF THE ESSENCE FOR THE PURCHASER. to reduce vehicular, pedestrian and bicycle conflicts where the Capital Crescent Trail intersects with Adjustment of all real property taxes, including agri- Adjustment of all real property taxes, including agri- Bethesda Avenue. cultural taxes, if applicable, and any and all public cultural taxes, if applicable, and any and all public and/or private charges or assessments, to the extent and/or private charges or assessments, to the extent such amounts survive foreclosure sale, including wa- such amounts survive foreclosure sale, including wa- 4. Ourisman proposes to design, reconfigure and construct portions of the Capital Crescent Trail ter/sewer charges, to be adjusted to date of sale and ter/sewer charges, to be adjusted to date of sale and and the GB Right-of-Way to widen the trail from 14' to 16' or wider where feasible, increase shoulder thereafter assumed by purchaser. Purchaser is respon- thereafter assumed by purchaser. Purchaser is respon- areas, add an approximately 160' long pedestrian path, provide enhanced landscaping and signage sible for any recapture of homestead tax credit. All sible for any recapture of homestead tax credit. All and reduce pedestrian and bicycle conflicts as shown in a Mandatory Referral Submission dated July transfer taxes and recordation taxes shall be paid by transfer taxes and recordation taxes shall be paid by 7, 2017 and as approved by the Montgomery County Planning Board on July 20, 2017 ("Approved Purchaser. Purchaser is responsible for obtaining Purchaser. Purchaser is responsible for obtaining Mandatory Referral") and in accordance with detailed plans to be approved by the County. physical possession of the property, and assumes risk physical possession of the property, and assumes risk of loss or damage to the property from the date of sale. of loss or damage to the property from the date of sale. The sale is subject to post-sale audit of the status of The sale is subject to post-sale audit of the status of 5. Ourisman proposes to design, construct, and furnish the New Public Plaza in accordance with the loan with the loan servicer including, but not lim- the loan with the loan servicer including, but not lim- the Approved Mandatory Referral and per detailed plans to be approved by the County. ited to, determination of whether the borrower entered ited to, determination of whether the borrower entered into any repayment agreement, reinstated or paid off into any repayment agreement, reinstated or paid off 6. Ourisman proposes to install decorative fencing per the Approved Mandatory Referral and the loan prior to the sale. In any such event, this sale the loan prior to the sale. In any such event, this sale detailed plans to be approved by the County. shall be null and void, and the Purchaser's sole rem- shall be null and void, and the Purchaser's sole rem- edy, in law or equity, shall be the return of the deposit edy, in law or equity, shall be the return of the deposit without interest. If purchaser fails to settle within ten without interest. If purchaser fails to settle within ten 7. Ourisman proposes to install decorative placemaking screening walls on the eastern and days of ratification, subject to order of court, pur- days of ratification, subject to order of court, pur- southern facades of the Garage per the Approved Mandatory Referral and detailed plans to be chaser agrees that property will be resold and entire chaser agrees that property will be resold and entire approved by the County. deposit retained by Sub. Trustees as liquidated dam- deposit retained by Sub. Trustees as liquidated dam- ages for all losses occasioned by the purchaser's de- ages for all losses occasioned by the purchaser's de- 8. Ourisman proposes to provide ordinary maintenance and cleaning of the Capital Crescent Trail, fault and purchaser shall have no further liability.