TRUSTEES SALE
Of valuable
IMPROVED CONDOMINIUM REAL ESTATE known as
5865 Hunt Hill Drive Elkridge, MD 21075
Under and by virtue of a Decree for Sale of Premises by the Circuit Court for Howard County, MD dated July 14, 2008, in a case captioned Council of Unit Owners of Montgomery Woods Condominium v. Sharon A. Cooper (Case No. 13-C-08-73405) with John M. Oliveri, Esq., being appointed as Trustee in said order to sell said property, the undersigned will offer for sale at Public Auction at the premises of 5865 Hunt Hill Dr., Elkridge, MD 21075, on
TUESDAY, AUGUST 26, 2008 AT 2:00 O'CLOCK P.M.
All that lot of ground situate and lying in Howard County, State of Maryland, and described as follows, that is to say:
BEING known and designated as Unit No. 12-08, Section 1, in the horizontal property regime known as "Montgomery Woods Condominium" and being part of all that property more particularly described in the Declaration and By-Laws dated December 31, 1975 and recorded among the Land Records of Howard County in Liber 752, folio 579, and Liber 753, folio 56, respectively, and also as shown on plats thereof dated January 14, 1976 and recorded among the aforesaid Land Records in Plat Nos. 3375, through 3378, inclusive. The improvements thereon being known as No. 5865 Hunt Hill Drive.
TOGETHER with and subject to all of the provisions hereinafter set forth, in fee simple, the appropriate undivided percentage interest in the common elements described in the aforesaid Declaration.
TOGETHER with future estates of the appropriate undivided percentage interest in the common elements to take effect only upon the recordation of each and every Amendment expanding the Condominium pursuant to the Declaration and By-Laws prior to December 31, 1984.
Being the same property which by Deed dated February 4, 1976 and recorded among the Land Records of Howard County in Liber 0929, folio 390 was granted and conveyed by Garnett Y. Clark, Jr. and Bonnie L. Clark unto John A. Cooper and Sharon A. Coopers, the within Grantors.
TOGETHER with the buildings and improvements thereupon erected, made or being; and the rights, alleys, ways, waters, privileges, appurtenances and advantages to the same belonging, or in anywise appertaining.
The subject property is being sold subject to a Deed of Trust in favor of NationsBank, .N.A., dated November 21, 1997, and recorded among the Land Records of Howard County, MD in Liber 4116, Folio 470 in the original amount of $40,000.00; and a Deed of Trust in Favor of Bank of America, dated February 21, 2001 in the original amount of $50,000.00. The exact balances of which, if known, shall be announced at the time and place of auction.
TERMS OF SALE: The property will be sold in "as is" condition, subject to any and all covenants, conditions, restrictions, easements, rights of way and limitations of record, and with no warranties. The property will be sold subject to any building or housing violations, easements, agreements, restrictions, terms, rights of way, covenants, conditions, rights of redemption, and other encumbrances, if any, affecting the subject property, whether or not of record.
A deposit of Ten Thousand Dollars ($10,000.00) will be required of the purchaser in the form of certified or cashier's check on the day of sale. The Beneficiary, or any subsidiary of beneficiary, named in the Decree of Sale, if a bidder, shall not be required to make a deposit. Interest at the rate of 1.0% per month shall be paid on the unpaid purchase price from the date of sale to the date of settlement if the property is purchased by someone other than the Beneficiary. The balance of the purchase price shall be paid in cash within ten (10) days of final ratification of the sale by the Circuit Court for Howard County, time being of the essence. If compliance with the terms of sale does not take place within ten (10) days after final ratification, the deposit shall be forfeited and the property resold at the risk and expense of the defaulting purchaser. Taxes, water rent, and all other public charges and assessments payable on an annual or periodic basis, including sanitary and metropolitan district charges and special paving taxes, and condominium fees, if any, will be adjusted as of the date of sale and thereafter shall be paid by the purchaser. The cost of all recordation and transfer taxes, any agricultural use or transfer tax, and any and all other costs incident to the recording of the deed to the purchaser shall be borne by the purchaser. Purchaser also agrees to pay $295.00 at settlement to the Seller's attorney for review of all settlement documents.
The Trustee reserves the right to reject any and all bids in his sole and absolute discretion and to extend the settlement date. Trustee further reserves the right to modify the terms of the sale at his sole and absolute discretion. Purchaser assumes the risk of loss to the property immediately after sale and shall be solely responsible for obtaining possession of the property.
Conveyance of the property shall be by trustee's deed, without covenant or warranty, expressed or implied, unless otherwise required by statute, court rule or the Deed of Trust. If for any reason the Trustee is unable to convey title, the purchaser's sole remedy at law and equity shall be limited to the refund of the deposit to the purchaser. Upon refund of the deposit, the sale shall be null and void and have no further force or effect, and the purchaser shall have no claim against the Trustee, Beneficiary, or Auctioneers.
The information contained herein was obtained from sources deemed to be reliable, but is offered for information purposes only. The Trustee, Beneficiary, and Auctioneers make no representations or warranties with respect to the accuracy of this information, and the purchaser waives and releases the Trustee, Beneficiary, and Auctioneers from any and all claims the purchaser or purchaser's successors or assigns may now have or may have in the future relating to the condition of the property, including, but not limited to, the environmental condition thereof. This advertisement, as amended or supplemented by any oral announcements during the conduct of the sale, constitutes the entire terms upon which the property shall be offered for sale.
John M. Oliveri Trustee
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