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66 LEGAL NOTICES

Ocean City Today

NOVEMBER 9, 2012

Legal Notices shall convey insurable title. TERMS OF THE SALE: A deposit in a form acceptable to the Substituted Trustee in the amount of $35,000.00 will be required of the purchaser, other than the Holder of the Note or its assigns, at the time and place of sale. Unless the purchaser is the Holder of the Note or its assigns, the balance of the purchase price shall be paid immediately with available funds within twenty (20) days of the final ratification of the sale by the Circuit Court for Worcester County. Time is of the essence. The purchaser, other than the Holder of the Note or its assigns, shall pay interest at the rate of 6.75000% per annum on the unpaid portion of the purchase price from the date of sale to date of settlement. Real property taxes and assessments shall be adjusted to the date of sale and assumed thereafter by the purchaser. Ground rent, water and/or sewer charges public or private, if any, shall be adjusted to the date of sale and assumed thereafter by the purchaser. Cost of all documentary stamps and transfer taxes shall be paid by the purchaser. Purchaser shall have the responsibility of obtaining possession of the property. In the event settlement is delayed for any reason, there shall be no abatement of interest. If the purchaser defaults, the entire deposit is forfeited. The Substituted Trustees shall resell the property at the risk and expense of the defaulting purchaser. The defaulting purchaser shall be liable for the payment of any deficiency in the purchase price, all costs and expenses of both sales, attorney fees, all other charges due, and incidental and consequential damages. In the event the Substituted Trustees do not convey title for any reason, purchaser's sole remedy is return of the deposit. The Substituted Trustees shall have the right to terminate this contract in the event the Holder or its Servicer has entered into any agreement with, or accepted funds from, the mortgagor. Upon termination of the contract, Purchaser's sole rem-

Legal Advertising 410-723-6397, Fax: 410-723-6511 or E-mail: legals@ oceancitytoday. net DEADLINE: 5 P.M. MONDAY

edy shall be return of the deposit. Thomas P. Dore, Mark S. Devan, Gerard F. Miles, Jr., Shannon Menapace, Erin Gloth, and Christine Drexel, Substituted Trustees Tidewater Auctions, LLC (410) 825-2900 www.tidewaterauctions.com A-4320136 11/01/2012, 11/08/2012, 11/15/2012 OCD-11/1/3t ___________________________________ Morris/Hardwick/Schneider 9409 Philadelphia Road Baltimore, MD 21237 410-284-9600

SUBSTITUTE TRUSTEES’ SALE OF IMPROVED REAL PROPERTY 504 ROBIN DR., UNIT #67 OCEAN CITY, MD 21842 Under a power of sale contained in a certain Deed of Trust from Cathryn G. Pena, dated August 31, 2006 and recorded in Liber 4852, folio 522 among the Land Records of Worcester Co., MD, default having occurred under the terms thereof, the Sub. Trustees will sell at public auction at the Circuit Court for Worcester Co., at the Court House Door, Snow Hill, on NOVEMBER 13, 2012 AT 12:45 PM ALL THAT FEE-SIMPLE LOT OF GROUND AND THE IMPROVEMENTS THEREON situated in Worcester Co., MD and described as Unit No. 67, in the “Bayshore Condominium” and more fully described in the aforesaid Deed of Trust. The property is improved by a dwelling. The property will be sold in an “as is” condition and subject to conditions, restrictions and agreements of record affecting the same, if any and with no warranty of any kind. Terms of Sale: A deposit of $14,000 by cash or certified check. Balance of the purchase price to be paid in cash within 10 days of final ratification of the sale by the Circuit Court for Worcester Co. TIME IS OF THE ESSENCE. If the purchaser fails to settle within the aforesaid ten (10) days of ratification, the purchaser relinquishes their deposit and the SubTrustees may file an appropriate motion with the court to resell the property. Purchaser waives personal service of any paper filed with the Court in connection with such motion and any Show Cause Order issued by the Court and expressly agrees to accept service of any such paper or Order by certified mail and regular mail sent to the address provided by the purchaser and as recorded on the documents executed by the purchaser at the time of the sale. Service shall be deemed effective upon the purchaser 3 days after postmarked by the United States Post Office. It is expressly agreed by the purchaser that actual receipt of the certified mail is not required for service to be effective. If the purchaser fails to go to settlement the deposit shall be forfeited to the SubTrustees and all expenses of this sale (including attorney fees and full commission on the gross sales price of the sale) shall be charged against and paid from the forfeited deposit. In the event of resale the defaulting purchaser shall not be entitled to any surplus proceeds or profits resulting from any resale of the property regardless of any im-

provements made to the real property. Interest is to be paid on the unpaid purchase money at the rate of 7.375% per annum from the date of sale to the date the funds are received in the office of the Sub-Trustees. Taxes, ground rent, water rent, condominium fees and/or homeowner association dues, all public charges/assessments payable on an annual basis, including sanitary and/or metropolitan district charges, if applicable, to be adjusted for the current year to date of sale and assumed thereafter by the purchaser. Purchaser shall be responsible for the costs of all transfer taxes, documentary stamps and all other costs incident to settlement. Purchaser shall be responsible for physical possession of the property. Purchaser assumes the risk of loss from the date of sale forward. The sale is subject to post sale audit by the Noteholder to determine whether the borrower entered into any repayment/forbearance agreement, reinstated or paid off prior to the sale. In any such event the Purchaser agrees that upon notification by the SubTrustees of such event the sale is null and void and of no legal effect and the deposit returned without interest. If the Sub-Trustees are unable to convey either insurable or good and marketable title, or the sale is not ratified for any reason by the Circuit Court including errors made by the SubTrustees, the purchaser’s sole remedy at law or in equity shall be limited to a refund of the deposit without any interest. Mark H. Wittstadt, Gerard Wm. Wittstadt, Jr., Deborah A. Hill, Sub. Trustees ALEX COOPER AUCTS., INC. 908 YORK RD., TOWSON, MD 21204 410-828-4838 OCD-10/25/3t ___________________________________ BWW Law Group, LLC 4520 East West Highway, Suite 200 Bethesda, MD 20814 (301) 961-6555

SUBSTITUTE TRUSTEES’ SALE OF REAL PROPERTY AND ANY IMPROVEMENTS THEREON 106 120TH ST., UNIT #404 A/R/T/A 106 EDWARD TAYLOR RD., UNIT #404 OCEAN CITY, MD 21842 Under a power of sale contained in a certain Deed of Trust from Daryll L. Grabek dated May 17, 2007 and recorded in Liber 4932, Folio 626 among the Land Records of Worcester Co., MD, with an original principal balance of $245,000.00 and an original interest rate of 6.375% default having occurred under the terms thereof, the Sub. Trustees will sell at public auction at the Circuit Court for Worcester Co., at the Court House Door, Snow Hill, on NOVEMBER 14, 2012 AT 2:10 PM ALL THAT FEE-SIMPLE LOT OF GROUND, together with any buildings or improvements thereon situated in Worcester Co., MD and described as Unit No. 404, Phase I, in the Marlin Cove Condominium and more fully described in the aforesaid Deed of Trust. The property, and any improvements thereon, will be sold in an “as is” condition and subject to conditions, re-

strictions and agreements of record affecting the same, if any, and with no warranty of any kind. Terms of Sale: A deposit of $26,000 in cash, cashiers check or certified check is required at time of sale. Balance of the purchase price, together with interest on the unpaid purchase money at the current rate contained in the Deed of Trust Note from the date of sale to the date funds are received by the Sub. Trustees, payable in cash within ten days of final ratification of the sale by the Circuit Court. There will be no abatement of interest due from the purchaser in the event additional funds are tendered before settlement. TIME IS OF THE ESSENCE FOR THE PURCHASER. Adjustment of current real property taxes will be made as of the date of sale and thereafter assumed by the purchaser. All past due property taxes paid by the purchaser. All other public and/or private charges or assessments, including water/sewer charges, ground rent, whether incurred prior to or after the sale to be paid by the purchaser. All transfer taxes shall be paid by the Purchaser. Purchaser shall pay all applicable agricultural tax, if any. Purchaser is responsible for obtaining physical possession of the property, and assumes risk 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 loan with the loan servicer including, but not limited to, determination of whether the borrower entered into any repayment agreement, reinstated or paid off the loan prior to the sale. In any such event, this sale shall be null and void, and the Purchaser’s sole remedy, in law or equity, shall be the return of the deposit without interest. If purchaser fails to settle within 10 days of ratification, the Sub. Trustees may file a motion to resell the property. If Purchaser defaults under these terms, deposit shall be forfeited. The Sub. Trustees may then resell the property at the risk and cost of the defaulting purchaser. The defaulted purchaser shall not be entitled to any surplus proceeds resulting from said resale even if such surplus results from improvements to the property by said defaulted purchaser. If Sub. Trustees are unable to convey either insurable or marketable title, or if ratification of the sale is denied by the Circuit Court for any reason, the Purchaser’s sole remedy, at law or equity, is the return of the deposit without interest. Howard N. Bierman, Jacob Geesing, Carrie M. Ward, David W. Simpson, Jr., Substitute Trustees OCD-10/25/3t ___________________________________ BWW Law Group, LLC 4520 East West Highway, Suite 200 Bethesda, MD 20814 (301) 961-6555

SUBSTITUTE TRUSTEES’ SALE OF REAL PROPERTY AND ANY IMPROVEMENTS THEREON 309 BAY SHORE DR., UNIT #6 OCEAN CITY, MD 21842 Under a power of sale contained in a certain Deed of Trust from Rebecca F. Rotman dated January 4, 2005 and recorded in Liber 4623, Folio 333 among the Land Records of Worcester


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