BROCK & SCOTT, PLLC 484 VIKING DRIVE, SUITE 203 VIRGINIA BEACH, VA 23452 SUBSTITUTE TRUSTEES' SALE OF VALUABLE FEE SIMPLE PROPERTY KNOWN AS 911 Michigan Avenue Cumberland, MD 21502 Under and by virtue of the power of sale contained in a certain Deed of Trust to SCOTT TOLER, Trustee(s), dated April 18, 2011, and recorded among the Land Records of ALLEGANY COUNTY, MARYLAND in Liber 1783, folio 132, the holder of the indebtedness secured by this Deed of Trust having appointed the undersigned Substitute Trustees, by instrument duly recorded among the aforesaid Land Records, default having occurred under the terms thereof, and at the request of the party secured thereby, the undersigned Substitute Trustee will offer for sale at public auction at THE ALLEGANY COUNTY COURTHOUSE LOCATED AT 30 WASHINGTON ST, CUMBERLAND, MD 21502 ON, MARCH 9, 2016 at 2:00PM ALL THAT FEE SIMPLE LOT OF GROUND and improvements thereon situated in ALLEGANY COUNTY, MD and described as follows: PARCEL ONE: ALL THAT LOT, PIECE OR PARCEL OF GROUND LYING AND BEING ON THE SOUTHERLY SIDE OF MICHIGAN AVENUE, KNOWN AND DESIGNATED AS LOT NO. 100 IN BANNOCKBURN ADDITION TO CUMBERLAND, ALLEGANY COUNTY, MARYLAND, A PLAT OF WHICH SAID ADDITION IS RECORDED IN DEEDS LIBER 99, FOLIO 350, AMONG THE LAND RECORDS OF ALLEGANY COUNTY, MARYLAND, AND WHICH SAID LOT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR THE SAME ON THE SOUTHERLY SIDE OF MICHIGAN AVENUE WHERE THE DIVIDING LINE BETWEEN LOTS NOS. 99 AND 100, IN SAID ADDITION INTERSECTS MICHIGAN AVENUE, AND RUNNING THEN WITH SAID MICHIGAN AVENUE, SOUTH 47 DEGREES 30 MINUTES EAST 40 FEET, THEN SOUTH 42 DEGREES 30 MINUTES WEST 100 FEET TO THE NORTHERLY SIDE OF A 12-FOOT ALLEY; THEN WITH SAID ALLEY, NORTH 47 DEGREES 30 MINUTES WEST 40 FEET TO THE AFORESAID DIVIDING LINE BETWEEN LOTS NOS. 99 AND 100, AND THEN WITH SAID DIVIDING LINE, NORTH 42 DEGREES 30 MINUTES EAST 100 FEET TO THE PLACE OF BEGINNING. PARCEL TWO: ALL THAT LOT, PIECE OR PARCEL OF GROUND LYING AND BEING ON THE SOUTHERLY SIDE OF MICHIGAN AVENUE, KNOWN AND DESIGNATED AS PART OF LOT NO.99 IN BANNOCKBURN ADDITION TO CUMBERLAND, ALLEGANY COUNTY, MARYLAND, A PLAT OF WHICH SAID ADDITION IS RECORDED IN DEEDS LIBER 99, FOLIO 350, AMONG THE LAND RECORDS OF ALLEGANY COUNTY, MARYLAND, AND WHICH SAID LOT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR THE SAME ON THE SOUTHERLY SIDE OF MICHIGAN AVENUE WHERE THE DIVIDING LINE BETWEEN LOTS NOS. 99 AND 100, IN SAID ADDITION INTERSECTS MICHIGAN AVENUE, AND RUNNING THEN WITH SAID MICHIGAN AVENUE, SOUTH 47 DEGREES 30 MINUTES WEST 8 FEET, THEN BEING A NEW LINE ACROSS LOT NO. 99 AND PARALLEL WITH THE DIVIDING LINE BETWEEN LOT NO. 99 AND 100 IN SAID ADDITION, SOUTH 42 DEGREES 30 MINUTES WEST 100 FEET TO THE NORTHERLY SIDE OF A 12-FOOT ALLEY; THEN WITH SAID ALLEY, SOUTH 47 DEGREES 30 MINUTES EAST 8 FEET TO THE AFORESAID DIVIDING LINE BETWEEN LOTS NOS. 99 AND L 00, AND THEN WITH SAID DIVIDING LINE, NORTH 42 DEGREES 30 MINUTES EAST 100 FEET TO THE PLACE OF BEGINNING. The property will be sold in an "AS IS WHERE IS" condition without either express or implied warranty or representation, including but not limited to the description, fitness for a particular purpose or use, structural integrity, physical condition, construction, extent of construction, workmanship, materials, liability, zoning, subdivision, environmental condition, merchantability, compliance with building or housing codes or other laws, ordinances or regulations, or other similar matters, and subject to easements, agreements and restrictions of record which affect the same, if any. The property will be sold subject to all conditions, liens, restrictions and agreements of record affecting same including any condominium and of HOA assessments pursuant to Md Real Property Article 11-110. TERMS OF SALE: A deposit of $15,000.00 payable in certified check or by a cashier's check will be required from purchaser at time of sale, balance in immediately available funds upon final ratification of sale by the Circuit Court of ALLEGANY COUNTY, MARYLAND interest to be paid at the rate of 5.0% on unpaid purchase money from date of sale to date of settlement. The secured party herein, if a bidder, shall not be required to post a deposit. Third party purchaser (excluding the secured party) will be required to complete full settlement of the purchase of the property within TEN (10) CALENDAR DAYS of the ratification of the sale by the Circuit Court otherwise the purchaser's deposit shall be forfeited and the property will be resold at the risk and expense, of the defaulting purchaser. All other public charges and private charges or assessments, including water/sewer charges, ground rent, taxes if any, to be adjusted to date of sale. Cost of all documentary stamps and transfer taxes and all other costs incident to the settlement shall be borne by the purchaser. If applicable, condominium and/or homeowner association dues and assessments will be adjusted to date of sale. If the sale is rescinded or not ratified for any reason, including post sale lender audit, or the Substitute Trustees are unable to convey insurable title or a resale is to take place for any reason, the purchaser(s) sole remedy in law or equity shall be limited to the refund of the aforementioned deposit. The purchaser waives all rights and claims against the Substitute Trustees whether known or unknown. These provisions shall survive settlement Upon refund of the deposit, this sale shall be void and of no effect, and the purchaser shall have no further claim against the Substitute Trustees. The sale is subject to post-sale review of the status of the loan and that if any agreement to cancel the sale was entered into by the lender and borrower prior to the sale then the sale is void and the purchaser's deposit shall be refunded without interest. Additional terms and conditions, if applicable, maybe announced at the time and date of sale. File No. (14-20396) Keith M. Yacko, Robert E. Frazier, Thomas J. Gartner, Jason L. Hamlin, Glen H. Tschirgi, and Gene Jung, Substitute Trustees Harvey West Auctioneers 300 E. Joppa Rd Hampton Plaza-Suite 1103 Baltimore, MD 21286 www.hwestauctions.com 410-769-9797 Adv.: 02/22, 02/29, 03/07
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