A&M Auctioneers and Appraisers, LLC.Local Fax:(410) 835-0370
ONLINE BIDDING POWERED BY:
Adelberg, Rudow, Dorf & Hendler, LLC
7 St. Paul Street, Suite 600
Baltimore, Maryland 21202
Substitute Trustees’ Sale
Commercial/Non-Residential Parcel
269+ or – Acres in Dorchester County
known as
4615 Maiden Forest Road, Rhodesdale, Maryland 21659
Also Known As Maryland Shore Pet Resort
4556 Ocean Gateway, Vienna, MD
sale to be held at
Circuit Court for Dorchester County
206 High Street, Cambridge, MD 21613
Under and by virtue of the power of sale contained in the First Deed of Trust and Security Agreement, dated April 7, 2008, from Anatidae Farm, LLC (“Grantor”) to Thomas J. Colven, III, (“Trustee”) and recorded among the Land Records of Dorchester County at Liber 0862, Folio 144 (the “Deed of Trust”), the holder of the indebtedness secured by said Deed of Trust (“Noteholder”) having subsequently appointed Thomas D. Kohn and Jeffrey S. Evans as Substitute Trustees (“Substitute Trustees”) in the place of Thomas J. Colven, III by a Deed of Appointment, dated November 9, 2012, default having occurred under the terms of the Deed of Trust and at the request of the party secured thereby, the Substitute Trustees will offer for sale to the highest qualified bidder at a public auction to be held at the Circuit Court for Dorchester County, 206 High Street, Cambridge, Maryland 21613 on:
Thursday, March 14, 2013 at 11:30 a.m.
All those tracts and parcels of land situate, lying and being in Dorchester County, Maryland, with all improvements thereon, and more particularly described as follows (collectively, the “Property”):
Lot No. 1, all that lot or parcel of land known as “Maiden’s Forest,” “Good Luck,” “Addition to Good Luck,” Jones & Francis,” “William’s Discovery,” “Laurel Hill,” or by whatever name or names the same may be called, same being on the north side of the county road leading from Vienna to Big Mills and which is more particularly described as follows: BEGINNING for the outlines of the same at a stone marked letter A on Plat, which said stone is the beginning of “Maiden’s Forest” and the end of the 28th line of “Laurel Hill” and from this place of beginning, (1) runs South 38 degrees 35’ East with the lands at that time belonging to Houston Stapleforte, a distance of 62.75 chains; (2) South 13 degrees 55’ West, still with Stapleforte lands, 19.5 chains; (3) with the lands of T.C. Reld, North 35 degrees 55’ East 14.7 chains, to the north bank of a ditch; (4) South 72 degrees 30’ East with the North bank of the ditch 8 chains to a white oak at the corner of the Collins lot; (5) North 38 degrees 55’ East 3.87 chains with the Collins lot; (6) North 41 degrees 25’ East 7.75 chains (7) North 27 degrees 20’ West, 11.29 chains to a small white gum on the North bank of a ditch; (8) North 36 degrees, 25’ East 4.92 chains with the ditch; (9) North 26 degrees West 12.43 chains with the ditch and fence of the T.C. Reid farm; (10) North 51 degrees 25’ East, a distance of 3.5 chains with T. C. Reid lands; (11) North 71 degrees 6’ East 33.69 chains with the fence of T.C. Reid lands; (12) North 5 degrees 25’ East 2.25 chains with the lands then owned by D. H. Brinsfield to a stone; (13) North 87 degrees 50’ West with the Brinsfield lands 5.25 chains (14) South 67 degrees 55’ West 8.5 chains; (15) South 82 degrees 55’ West with a ditch 10.62 chains; (16) North 83 degrees 35’ West 3.75 chains; (17) South 61 degrees 25’ West with the J.N. McBride lands 17.8 chains to a stone (18) North 8 degrees 35’ West with a fence dividing this land from the McBride lands 51.43 chains (19) South 85 degrees 55’ West with a fence crossing a small ditch 7.31 chains; (20) South 65 degrees 25’ West 4.25 chains (21) South 86 degrees 25’ West 4 chains to the run of Chicamacomico branch; thence with the run of Chicamacomico branch the 16’ following courses (22) North 59 degrees 5’ West 2 chains; (23) North 43 degrees 35’ West, 4 chains (24) North 52 degrees 5’ West 1.5 chains; (25) North 58 degrees 5’ West 7 chains; (26) South 84 degrees 55’ West 4 chains; (27) South 6 degrees 25’ West 2.75 chains; (28) South 57 degrees 55” West 3 chains; (29) South 10 deegrees 5” East 4.5 chains; (30) South 73 degrees 25’ West 2.5 chains; (31) South 12 degrees 55’ West 5 chains; (32) South 24 degrees 55’ West 5.5 chains; (33) South 17 degrees 5’ East 3.5 chains; (34) South 4 degrees 50’ East 3.25 chains; (35) South 20 degrees 50’ East 2.75 chains; (36) South 6 degrees 5’ East 4 chains; (37) South 23 degrees 35’ East 3 chains; thence leaving the branch (38) South 77 degrees 50’ East 3.18 chains to the place of beginning, containing 266.11 acres.
Lot No. 2, all that lot or parcel of land which was described in a deed from Emma E. Stapleforte and husband to E. S. Adkins and Company dated November 22, 1917, and recorded among the Land Records of said Dorchester County, in Liber W. H. M. No. 4, at folio 95 as follows: All that strip or parcel of land situate in Vienna Election District, Dorchester County, State of Maryland, on the Northeast side of and binding upon the State Road leading from Salem to Vienna; bounded on the East, and West by other land of Emma E. Stapleforte; bounded on the Northeast by the land of E. S. Adkins & Company; BEGINNING for the same at a stake on the Northeast side of the aforesaid State Road leading from Salem to Vienna, designated by the letter “A” on plat made by P.S. Shockley, November 14th, 1917, and heretofore attached and made a part hereof, thence running North- 23 degrees and 50’ East 71.63 chains to a stake on the line of the land of the said E. S. Adkins & Company designed on said plat by the letter “B”; thence running South 38 degrees and 35’ East, 51 of a chain to a stake designated on said plat by letter “C”; thence running South 23 degrees and 50’ West 71 and 58/100 chains to a stake on the Northeast side of the aforesaid State Road leading from Salem to Vienna designated on said plat by letter “D”; then running by and with said Road, North 45 degrees 35’ West, 49 of a chain to the place of beginning, containing 3.25 acres, more or less.
Said Lots 1 and 2 Neing and intended to be that portion designated as Parcel No. 1 of the property conveyed by Mildred Anne Boyd to Theresa M. Stevens by deed dated April 23, 2004 and recorded among the Land Records of Dorchester County, Maryland in Liber 0578, folio 0045.
Said Lots 1 and 2 being and intended to be that property convened by Theresa M. Stevens to Anatidae Farm, LLC by deed dated January 24, 2008 and recorded among the Land Records of Dorchester County, Maryland in Liber 0852, folio 126.
ALSO BEING MORE particularly shown and delineated as lots owned by “Albert J. Marousex (deceased) and Mildred Marousex” upon a survey entitled, “Property Line Survey Showing the Lands of MILDRED BOUNDS MAROUSEK and MILDRED ANNE BOYD, Third Election District, Dorchester County, Maryland”, prepared by McCrone Engineers, dated December 1993, and recorded among the Plat Records of Dorchester County, Maryland in Plat Cabinet No. 50, folio 77.
Containing 269.36 acres of land, more or less, all of which is in Dorchester County.
The real property being generally known as 4615 Maiden Forest Road, Rhodesdale, Maryland 21659. (also known as Maryland Shore Pet Resort, 4556 Ocean Gateway, Vienna, Maryland)
TERMS OF SALE: A deposit in the amount of Seventy Five Thousand Dollars ($75,000.00), payable by cashier’s check or certified check, will be required of the purchaser of the Property at the time and place of sale. The balance of the purchase price, together with interest thereon at the rate of ten percent (10%) per annum from the date of sale to the date of settlement, shall be due from the purchaser by cashier’s check or certified check within twenty (20) days following final ratification of the sale by the Circuit Court for Dorchester County, Maryland. Time is of the essence. If ratification or settlement is delayed for any reason, there shall be no abatement of interest. Settlement shall be held at the offices of Adelberg, Rudow, Dorf & Hendler, LLC, 7 St. Paul Street, Suite 600, Baltimore, Maryland 21202, or such other place as may be agreed upon by the Substitute Trustees. In the event the Noteholder, or an affiliate or subsidiary 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 price. The Substitute Trustees reserve the right, in their sole discretion, to reject any and all bids, to withdraw the Property from sale and to extend the time for settlement.
The Property is being sold in an “AS IS” condition and without any warranties or representations of any kind, either express or implied, as to the value, nature, condition or description of the Property or the improvements thereon. The Property is being sold subject to: (a) all existing building and zoning code violations; (b) all critical area and wetland violations; (c) all environmental problems, conditions and violations which may exist on or with respect to the Property; (d) all senior liens, encumbrances, easements, conditions, restrictions, agreements and covenants which are not extinguished as a matter of law by the foreclosure sale; (e) any rights of redemption, and (f) such state of facts that an accurate survey or physical inspection of the Property might disclose.
All senior liens, real estate taxes, assessments, water charges and municipal charges owed against the Property which are not extinguished as a matter of law by the foreclosure sale shall be the sole responsibility of the purchaser and shall be paid for by the purchaser at settlement. The cost of all documentary stamps, recordation taxes, transfer taxes and other costs associated with conveying the Property to the purchaser shall also be the sole responsibility of the purchaser and shall be paid for by the purchaser at settlement.
The purchaser at the auction 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 final ratification of the sale by the Circuit Court for Dorchester County, Maryland and conveyance of the Property by the Substitute Trustees to the purchaser.
In the event the purchaser fails to go to settlement on the sale as required, in addition to any other legal or equitable remedies available to the Substitute Trustees, the Substitute 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 sustained by the Substitute Trustees and/or the Noteholder, all costs and expenses of both sales, reasonable attorneys’ fees, and any other damages sustained by the Substitute Trustees and/or the Noteholder, including, without limitation, all incidental damages. If the Substitute Trustees are unable to convey the Property as described above, the purchaser’s sole remedy at law or in equity shall be limited to a refund of the aforementioned deposit, without interest thereon. Upon refund of the deposit to the purchaser as aforesaid, the sale shall be void and of no effect, and the purchaser shall have no further claim against the Substitute Trustees, the Noteholder or the Auctioneer conducting the sale of the Property. The information contained herein was obtained from sources deemed to be reliable but is offered for informational purposes only. The Successor Trustees, Auctioneer, Noteholder and/or secured party do not make any representations or warranties with respect to the accuracy of this information. The parties’ respective rights and obligations regarding the terms and conduct of the sale shall be governed by the laws of the State of Maryland.
THOMAS D. KOHN and JEFFREY S. EVANS
Substitute Trustees