SCHLOSSBERG & MASTRO 18421 Henson Blvd., Ste. 201 Hagerstown, Maryland 21742 PUBLIC SALE OF VALUABLE REAL PROPERTY and MOBILE HOMES 6.54 acres+/- located at: 14201 Winchester Road Cumberland, Maryland 21502 Monday, December 7, 2015 at 3:00 P.M. REAL PROPERTY: By virtue of a Power of Sale contained in, and at the direction of the holder (the Beneficiary) of the instrument secured by that Indemnity Deed of Trust, Assignment and Security Agreement from Rolling Hills Realty, Inc. dated December 6, 2010, and recorded among the Allegany County Land Records at Liber 1747, folio 471 (the "Deed of Trust"), default in compliance with the covenants of said Deed of Trust having occurred; the same having become due and payable, and demand for payment having been made, and Roger Schlossberg, Substitute Trustee, having been substituted as Trustee thereunder and having instituted foreclosure proceedings in Case No. C-15-42796 now pending in the Circuit Court for Allegany County, Maryland, the said Substitute Trustee will offer at public sale in front of the Courthouse, in Cumberland, Allegany County, Maryland on Monday, December 7, 2015, at the hour of 3:00 P.M., all that lot or parcel of land, together with the improvements thereon, and also together with and subject to all easements, rights of way, benefits and appurtenances thereunto belonging or appertaining, situate, lying and being in Election District No. 29, and being more particularly described as follows: All that lot or parcel of ground situated along the westerly side of Winchester Road in Election District No. 29, Allegany County, Maryland, and which is described by metes and boundaries as follows, to wit: Beginning for the same at an iron stake standing in the line of Garden City Homes, Inc. property, said beginning standing also North 76° 27 30 West 193.26 feet from the beginning of the whole tract of which this is a part and running thence with the remainder if the first line North 76° 27 30 West 763.74 feet to an iron stake in an old fence line and near the Easterly crest of a ridge, thence with the second line and a line of Garden City Homes, South 08° 02 30 West 388.34 feet to an iron stake standing on the Westerly side of the crest of a ridge; thence crossing the whole tract with the new division lines, South 76° 27 30 East 617.80 feet to a stake on the Westerly side of Warrior Run and in a line Frank Martzs lot; thence with said lot North 12° 15 East 50.00 feet to a stake and South 87° 51 East 133.61 feet to a stake standing in the Westerly right of way of the Winchester Road; thence with said right of way North 09° 39 East 310.89 feet to the place of beginning, containing 6.54 acres of land, more or less. (All bearings are adjusted to the lines of Garden City Homes and horizontal measurements.) The improvements on this property are known as 14201 Winchester Road, Cumberland, Maryland 21502. The above-described property (the "Realty") being all the same property which was conveyed by the Grantor by the Deed of Trust dated and recorded as aforesaid. TERMS OF SALE: The Realty is being sold and will be conveyed free and clear of the lien of the above-referenced Deed of Trust and all subordinate liens and encumbrances. The Realty is being sold and will be conveyed "As Is, Where Is", without recourse, together with and subject to all applicable conditions, restrictions, covenants, limitations, rights of way, streets, alleys, reservations, easements, and appurtenances of record and subject also to all environmental conditions affecting the Realty, if any. The undersigned Substitute Trustee makes no warranties or representations, express or implied, with respect to any matters concerning the Realty, included but not limited to, condition of the Realty, matters of survey or title, tenancies or parties in possession, zoning compliance, housing or other governmental or regulatory violations, etc. A deposit of Twenty-five Thousand Dollars ($25,000.00) (the Deposit) will be required at the time of sale in cash or by certified check or other form of payment acceptable to the undersigned Substitute Trustee in the said Substitute Trustee's sole discretion; the balance to be paid upon ratification of the sale by the Circuit Court for Allegany County, Maryland; except that no deposit shall be required of the holder of the note secured by the Deed of Trust (or any controlled affiliate of the holder; collectively hereinafter the "Holder") where the Holder bids on the Realty at the sale and payment of the purchase price by the Holder shall be made by crediting the purchase price against the foreclosure costs and expenses and the indebtedness secured by said Deed of Trust. Interest shall accrue on the unpaid balance of the purchase price at the rate of twelve percent (12%) per annum from the date of sale to the date of Court ratification, and at the rate of twenty percent (20%) per annum from the date of Court ratification to the date of settlement. No interest shall accrue on the Deposit. If the successful bidder (the Purchaser) fails to make settlement within fifteen (15) days following the date of Court ratification, time being of the essence thereto, the entire Deposit may, at the option of the undersigned Substitute Trustee, be forfeited and retained as liquidated damages and notice of said forfeiture shall be provided to the Purchaser by the Substitute Trustee. If the Deposit is not forfeited as liquidated damages, but is instead retained by the Substitute Trustee in escrow pending resale of the Realty, the Realty may be resold by the Substitute Trustee at the risk and expense of the defaulting Purchaser, and the Deposit thereafter shall be applied as required to any subsequently realized loss of the Substitute Trustee by virtue of the default by the said Purchaser and the required resale of the Realty including any expenses incidental thereto. All taxes, water, and other public charges and assessments shall be pro-rated on and as of the date of said sale and shall be assumed thereafter by the Purchaser. Any and all rents due and payable after the date of sale (but excluding any rents due and payable through the date of sale) from leases of all or any portion of the Realty will be received and held by the Substitute Trustee as an accommodation only for the benefit of purchaser pending closing with all of said rents to be credited to purchaser at closing without interest thereon or deduction therefrom. Notwithstanding the immediately preceding sentence, nothing therein contained shall be construed to oblige the Substitute Trustee affirmatively to collect said rents. Following the date of sale, all risk of loss to the Realty shall be assumed by the Purchaser. The Purchaser shall pay the cost of all recordation taxes, transfer taxes (including but not limited to that agricultural land transfer tax imposed by Maryland Tax Property Code §13-302; which said tax may be applicable to the sale and transfer of the Realty), document preparation and other costs of settlement. As an express condition of sale, the Purchaser shall be required to execute at the time of sale a Substitute Trustees Contract for Sale of Real Property in that form which shall be available for inspection on the date of sale or which may be inspected in advance upon request to the undersigned Trustee or on-line at http://www.schlosslaw.com/rollinghills.contract.pdf. The Purchaser shall be entitled to physical possession of the Realty only after settlement; however, the Substitute Trustee assumes no responsibility to place the Purchaser in such possession of the Realty. The undersigned specifically reserves the right to reject any bids submitted. The Substitute Trustee reserves the right at the sale to vary, modify, alter or qualify any of the foregoing terms or conditions of sale. ROGER SCHLOSSBERG SUBSTITUTE TRUSTEE SCHLOSSBERG & MASTRO ATTORNEYS FOR SUBSTITUTE TRUSTEE 18421 Henson Blvd., Ste. 201 Hagerstown, Maryland 21742 (301) 739-8610 PERSONAL PROPERTY: Pursuant to the terms and conditions contained in that Business Loan and Security Agreement dated December 6, 2010, by and between First United Bank & Trust (the Secured Creditor) and Gregory L. Taylor and Jane E. Taylor (the Security Agreement), default having occurred under the terms and conditions of said Security Agreement, and in order to enforce the security interest granted in said Security Agreement, and as permitted under the terms and conditions of said Security Agreement and the Maryland Uniform Commercial Code, the said Secured Creditor will offer at public sale to be held in front of the Courthouse, in Cumberland, Allegany County, Maryland, on Monday, December 7, 2015, at 3:00 p.m., all of the hereinafter-detailed personal property (collectively the Personalty) described in said Security Agreement. The Personalty to be sold includes, inter alia, the following trailers or mobile homes: 1972 Hollman TL 6016900 1970 Liberty TL 419C4 1974 Masaters TL H2415 1966 Schult TL E74501 1989 Kinsman TL HHC002547NC 1980 Schult TL 601423 E169526 1972 Ritz TL 6842 Manner of Sale: The above individual items of Personalty shall be offered for sale, individually, and as a group of all such items, with the bids received aggregated as appropriate to yield the greatest return to the Secured Creditor. Further, after receipt of all bids for the Personalty as above contemplated, final bids will be solicited for the combined purchase of all of the Personalty together with the Realty, and the undersigned will accept the combination of bids thereby received for the Realty and the Personalty which yield the greatest return to the Beneficiary/Secured Creditor. In the event any item or items of the Personalty are purchased by a person other than the successful Purchaser of the Realty, such item(s) of Personalty must be removed from the premises of the Realty by not later than the date of ratification of the sale of the Realty; any such items not removed within that period being deemed abandoned to the successful Purchaser of the Realty; time expressly being of the essence thereto. Following the date and time of sale, all risk of loss or damage to the items of the Personalty shall be assumed by the purchaser(s) of said item(s). Personal Property Terms of Sale: All items will be sold as is, where is, without recourse, warranties or representations, express or implied. All sales are for cash, subject to the auctioneers discretion for the acceptance of checks; which such checks must be submitted to the auctioneer for approval prior to the sale. All sales are subject to Maryland retail sales tax, as applicable, in the amount of six percent (6%) of the purchase price. Complete personal property sale information is available at cochranauctions.com/rollinghills. The undersigned reserves the right to reject any bids submitted, and further reserves the right at sale to vary, modify, alter or qualify any of the foregoing terms or conditions of sale. ROGER SCHLOSSBERG, ESQUIRE SCHLOSSBERG & MASTRO Attorneys for Secured Creditor 18421 Henson Blvd., Ste. 201 Hagerstown, MD 21742 (301) 739-8610 FOR FURTHER INFORMATION PLEASE CONTACT: J. G. Cochran Auctioneers, Inc. 301-739-0538
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