TRUSTEE’S SALE

Of valuable
IMPROVED CONDOMINIUM REAL ESTATE
known as

5712 ROLAND AVENUE, UNIT 3A
Baltimore, MD 21210
 

            Under and by virtue of a Decree for Sale of Premises by the Circuit Court for Baltimore City, MD dated, December 28, 2007, in a case captioned The Roland Park North Community Association v. Timothy P. Kelly and Vivian E. Kelly (Case No. 24-0-07-003838) 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 5712 Roland Ave., Unit 3A,
Baltimore, MD 21210,
on
 

THURSDAY, FEBRUARY 7, 2008
AT 11:00 O'CLOCK A.M.
 

          ALL THAT property situated in Baltimore City, Maryland and described as follows:

BEING known and designated as Unit No. 3A, The Bellemore Condominium, as said Units and said Condominium Regime are established pursuant to Declaration for The Bellemore Condominium and By-Laws for The Bellemore  Condominium dated June 29, 1984 and recorded among the Land Records of Baltimore City, Maryland in Liber SEB No. 249, folio 430, and folio 453, respectively and as shown on the Condominium Plat entitled, "The Bellemore Condominium", recorded among the Land Records of Baltimore City, Maryland in Plat Records SEB No. 118.

The improvements thereon being known as No. 5712 Roland Avenue, Unit 3A.

TOGETHER with an undivided 5.42 percentage interest in the common elements and common expenses and common profits of the aforesaid Condominium Regime and all the rights, privileges and powers reserved for the benefit of each and every unit owner and pursuant to the Declaration and By-Laws aforesaid of The Bellemore Condominium and any amendments thereto.

TOGETHER with, any and all improvements included within the Units, and any and all rights, alleys, ways, waters, privileges, appurtenances, including the right to use of the Limited Common Elements, if any, in accordance with the terms of the Declaration and any amendments thereto and advantage to the same belonging or in any way appertaining and this deed is subject to the provisions of the Condominium Declaration, Condominium By-Laws and The Condominium Plats of the Bellemore Condominium referred to herein, the same as though the provisions of same were recited and stipulated at length herein and the grantee hereby expressly assumes and agrees to be bound by same, including but not limited to the payment of the assessments as prescribed in said Declaration and By-Laws of said Condominium Regime.
 

The subject property is being sold subject to a Purchase Money Deed of Trust in favor of Washington Mutual Bank, F.A., dated April 7, 2005, and recorded among the Land Records of Baltimore, MD in Book 6429, Page 1160, in the original amount of $252,000.00; with Assignment to Wells Fargo Bank, N.A. dated May 24, 2007, and recorded among the Land Records of Baltimore, MD in Book 9495, Page 84. The exact balance 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 percent 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 Baltimore City, 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. 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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