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National Auctioneers Association

Auctioneers Associations of Maryland
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Preller, Fastow & Klein, LLC
Attorneys at Law
2450 Riva Road
Annapolis, Maryland 21401
410-573-1611
TRUSTEES' SALE
of valuable
IMPROVED
RESIDENTIAL REAL ESTATE
known as
5937 APPLEGARTH PLACE
CAPITOL HEIGHTS, MARYLAND 20743
Under and by
virtue of the power of sale contained in certain Deed of Trust, from
Kira M. Smothers-Cox in favor of Irving L. Kidwell Family Revocable
Trust, dated December 7, 2006, being recorded among the Land Records of
Prince George's County, MD in Liber 27120 at Folio 504, default having
occurred under the terms there under and at the request of the party
secured thereby, the undersigned Trustee will offer for sale at Public
Auction at the Courthouse for the Circuit Court Prince George's County,
14735 Main Street, Upper Marlboro, Maryland 20772, specifically in front
of the Main Street entrance of the Duval Wing on the East side of the
door where a Monument to World War One Veterans is situated.
TUESDAY, MARCH 23, 2010
AT 11:30 A.M.
All
that property situate and lying in Prince George's County, Maryland and
being more particularly described as follows:
LOT 12-2 IN
THE SUBDIVISION KNOWN AS "PLAT ONE LONDON WOODS", AS PER PLAT THEREOF
RECORDED AMONG THE LAND RECORDS OF PRINCE GEORGE'S COUNTY, MARYLAND, IN
PLAT BOOK NLP 97 AT PLAT 58.
THE
IMPROVEMENTS THEREON BEING: 5937 APPLEGARTH PLACE.
The property
is improved with a three bedroom townhouse with 1 full bath, 2 half
baths, and basement.
The property
will be offered for sale in “AS IS” condition subject to all
covenants, easements, rights of ways, restrictions, and agreements of
record affecting same, if any, and further subject to Prince George's
County Building and Zoning Codes and Critical Areas Regulations, and
without any warranty, expressed or implied, as to the condition or
description of the property or its improvements.
TERMS OF SALE:
The property will be sold at the discretion of the Trustee at the end of
all bidding. This advertisement, as amended or supplemented by any oral
announcements during the conduct of the sale, constitutes the Trustee's
entire statement relative to the premises described herein and the terms
and conditions upon which such premises shall be offered for sale, sold,
or purchased.
The property
is being sold subject to an existing first mortgage in favor of New York
Mortgage Company, LLC in the principal amount of $120,000.00, which the
successful bidder will pay in full at settlement.
A deposit of $5,000.00 in Cash, Certified Check, or Cashier’s Check
from a responsible banking institution will be required of the
purchaser(s) at the time and place of Auction. Should the secured party
be the successful purchaser, the secured party and its successors or
assigns shall be excused from the aforementioned deposit requirement.
The balance of the purchase money, together with interest at the rate of
18% per annum is to be paid in cash, certified check, or cashier’s check
within 10 days after Final Ratification of Sale by the Circuit Court for
Prince George's County, MD, unless said period is extended by the
Trustee, TIME BEING OF THE ESSENCE. Should the purchaser(s)
default, in addition to any other remedies available at law or in
equity, the Trustee, at his election, may declare the deposit forfeited
and resell the property at the risk and expense of the defaulting
purchaser(s). In such event, the defaulting purchaser shall be liable
for the payment of any deficiency in the purchase price, all costs and
expenses of both sales, reasonable attorneys’ fees, all other charges
due, and incidental damages. Adjustments on all taxes, public charges,
and special or regular assessments, if any, which are due and payable on
an annual basis will be made as of the date of Auction and thereafter
assumed by the purchaser(s). Title examination, title insurance, land
survey, conveyancing, State stamps, transfer taxes and all other costs
of incident to the settlement of whatsoever kind or amount shall be paid
by the purchaser(s). If the Trustee is unable to convey good and
marketable title to the property, the sole remedy of the purchaser(s)
shall be limited to the refund of the deposit of the purchaser(s). Upon
refund of the deposit, the sale shall be void and of no effect and the
purchaser(s) shall have no further claim against the Trustee, his
agents, successors, or assigns.
The
information contained herein was obtained from sources deemed to be
reliable, but is offered for information purposes only. The Trustee does
not make any representations or warranties with respect to the accuracy
of this information.
Steven B.
Preller
Trustee
CAMPBELL
AUCTIONEERS & APPRAISERS, LLC
Members National and Maryland Auctioneers Associations
811 High Street - Ste 100, Chestertown, Maryland 21620
410-268-1108
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