SUBSTITUTE TRUSTEES' SALE
OF

Valuable, Fee-Simple, Waterfront Property
Improved by a Residential Dwelling
on 1.12 ± Acres
known as

118 Riverside Road
Edgewater, Maryland 21037
 

            Under and by virtue of the power of sale contained in a certain Deed of Trust from Kim B. Klopcic and Paula L. Klopic, dated February 20, 2004, and recorded in Liber 14499, folio 148, and re-recorded in Liber 19649, folio 0268 to correct error made in the legal description,  among the Land Records of Anne Arundel County, Maryland, default having occurred under the terms thereof and at the request of the party secured thereby, the undersigned Substitute Trustees will sell at public auction,

at the front entrance of the Court House for the Circuit Court for Anne Arundel County, Annapolis, Maryland 21401
on
 

MONDAY, MARCH 31, 2008
AT 10:00 A.M.
 

ALL THAT property situated in Anne Arundel County, Maryland and described as follows:
 

PARCEL ONE

BEGINNING for the same at  a point on the North side of a 15 foot right of way, said point also marks the beginning of the first or North 28 degree 09 minute 10 second West 234.42 foot line of first parcel in that conveyance from Russell H. Hoffman and Evelyn C. Hoffman, his wife, and Richard J. Wither and Wanda C. Wither, his wife to Malcolm L. Fisher and Elaine Fisher, his wife, by Deed dated March 15, 1965 and recorded among the Land Records of Anne Arundel County in Liber 1842, folio 492, thence from the point of beginning and binding on the first line of the first parcel and binding on part of the first line of the second parcel in the above mentioned conveyance.

 

 1)      North 28 degrees 09 minutes 10 seconds West
          261.95 to the   shoreline of Warehouse Creek as
          shown on a survey plate prepared by
         "McCrone" in October, 2003, thence binding on the
          shoreline of Warehouse Creek, the following
          nine courses and distances,

 2)      North 80 degrees 32 minutes 21 seconds East
          25.70 feet
 

 3)      South 58 degrees 00 minutes 35 seconds East
          15.62 feet
 

 4)      South 79 degrees 57 minutes 11 seconds East
          21.06 feet
 

 5)      South 57 degrees 58 minutes 39 seconds East
          11.66 feet
 

 6)      South 82 degrees 05 minutes 44 seconds East
          19.76 feet
 

 7)      North 48 degrees 47 minutes 32 seconds East
          11.07 feet
 

 8)      North 52 degrees 32 minutes 19 seconds East
          11.13 feet
 

 9)      North 06 degrees 33 minutes 34 seconds West
          11.32 feet
 

10)     North 59 degrees 48 minutes 46 seconds East
          15.01 feet

To a point that is located in the third or South 38 degrees 39 minutes 30 seconds East 28 foot line in the second part of the conveyance from Russell H. Hoffman and Evelyn C. Hoffman, his wife, and Richard J. Witmer and Wanda C. Witmer, his wife, to Malcolm L. Fisher and Elaine Fisher, his wife, by Deed dated March 15, 1965 and recorded among the Land Records of Anne Arundel County in Liber 1842, folio 495, thence leaving the shoreline of Warehouse Creek and binding on part of the second part of Liber 1842, folio 495 and and binding on the fourth or South 38 degrees 39 minute 30 second East 246.24 foot line of the first part of Liber 1842, folio 495, as shown on the survey prepared by "McCrone",

11)     South 38 degrees 39 minutes 30 seconds East
          270.56 feet

To a point on the North side of a 15 foot right of way, thence binding on the North side of a 15 foot right of way and binding on the first line of the first part of Liber 1842 folio 495 and the fourth line of the first part of Liber 1842, folio 492,

12)     South 77 degrees 35 minutes 30 seconds West
          166.98 feet

To the point of beginning.

Containing within the bounds of this description 33,416 square feet or 0.7671 acres of land, more or less.

Being and intended to be the remainder of that conveyance from Russell H. Hoffman and Evelyn C. Hoffman, his wife, and Richard J. Witmer and Wanda C. Witmer, his wife, to Malcolm L. Fisher and Elaine Fisher, his wife, by Deed dated March 15, 1965 and recorded among the Land Records of Anne Arundel County in Liber 1842, folio 492 and also that conveyance from Russell H. Hoffman and Evelyn C. Hoffman, his wife,  and Richard J. Witmer and Wanda C. Witmer, his wife, to Malcolm L. Fisher and Elaine Fisher, his wife, by deed dated March 15, 1965 and recorded among the Land Records of Anne Arundel County in Liber 1842, folio 495.

The above described property being subject to and having the use in common with others of the 15 foot right of way and the 12 foot right of way as shown on a Plat prepared by J.R. McCrone Jr., Inc. in February 1965 and said plat recorded among the Land Records of Anne Arundel County in Liber 1842, folio 492.
 

PARCEL TWO

BEGINNING for the same at a point on the West side of Riverside Road, said point is located at a point that marks the beginning of the first or South 14 degree 52 minute 27 second West 11.05 foot line in that conveyance from Warehouse Cree Venture to Malcolm L. Fisher and Elaine M. Fisher, by Deed dated October 23, 1973 and recorded among the Land Records of Anne Arundel County in Liber 2633, folio 305, thence from the point of beginning so fixed and binding on the West side of Riverside Road binding on the first line with Meridian corrected and as surveyed by "McCrone" in October 2003.

1)       South 17 degrees 14 minutes 45 seconds West
          11.05 feet

Thence leaving the West side of Riverside Road, and binding on the above mentioned conveyance to Malcolm L. Fisher and Elaine M. Fischer, with Meridian corrected and as surveyed by "McCrone",

2)       South 77 degrees 35 minutes 30 seconds West
          250.97 feet
 

3)       North 28 degrees 09 minutes 10 seconds West
          64.34 feet

To a point on the South side of a 15 foot right of way, thence binding on the South side of the 15 foot right of way.

4)       North 77 degrees 35 minutes 30 seconds East
          235.85 feet

To a point of the Southwest side of a 12 foot right of way, thence leaving the 15 foot right of way and binding on the 12 foot right of way,

5)       South 48 degrees 25 minutes 00 seconds East
          74.70 feet

To the point of beginning.

Containing within the bounds of this description 15,397 square feet or 0.3536 acres of land, more or less.

Being and intended to be all of that conveyance from Warehouse Creek Venture to Malcolm L. Fisher and Elaine M. Fisher by Deed dated October 23, 1973 and recorded among the Land Records of Anne Arundel County in Liber 2633, folio 305.
 

          The property and any improvements thereon will be sold subject to conditions, restrictions and agreements of record, or otherwise, affecting the same, if any. The property and improvements thereon are being sold without warranty, expressed or implied, of any kind, in "as is" condition.
 

TERMS OF SALE: A cash deposit or certified check for $73,500.00 required of the purchaser at the time of sale, balance in cash, certified check or cashier's check at settlement, which must occur within ten (10) days following final ratification of sale by the Circuit Court for Anne Arundel County, unless said period is extended by the Substitute Trustees, their successors or assigns, in their sole discretion, time being of the essence. Interest to be paid on the unpaid purchase price at the rate of 6% per annum from the date of sale to date of settlement. In the event purchaser fails to proceed to settlement as required herein, in addition to any other legal or equitable remedies available to them, the Substitute Trustees may, without further order of the court, declare the aforementioned deposit forfeited and resell the property at the purchaser's risk and expense. 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. Taxes and water rent to be adjusted to date of sale. Condominium fees and/or Homeowners Association dues, or any other private charge or assessment, if applicable, shall be adjusted to the date of sale and assumed thereafter by the purchaser. All other public charges and assessments, payable on an annual basis, including sanitary and/or metropolitan district charges, to be adjusted for the current year to date of sale and assumed thereafter by the purchaser. It shall be the responsibility of the purchaser to obtain possession of the property. Purchaser assumes the risk of loss or damage from the date of sale forward. Cost of all documentary stamps, transfer taxes, title examination, document preparation and title insurance shall be borne by the purchaser. The Substitute Trustees reserve the right to modify the requirements for bidders' deposits, to withdraw the property from the sale prior to the termination of bidding and to postpone the sale. If Substitute Trustees are unable to convey good and marketable title to the property, the sole remedy of the purchaser shall be limited to the refund of the deposit of the purchaser. Upon refund of the deposit, the sale shall be void and of no effect, and the purchaser shall have no further claim against the Substitute Trustees. The beneficiary, or any subsidiary of beneficiary, named in the deed of trust being foreclosed upon shall be excused from posting a deposit.
 

          The information contained herein was obtained from sources deemed to be reliable, but is offered for information purposes only. The Substitute Trustees do not make any representations or warranties with respect to the accuracy of this information.
 

Alan J. Hyatt, Kathleen E. Byrne and Jonathan M. Wall
Substitute Trustees

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