SUBSTITUTE TRUSTEES’ SALE OF
VALUABLE FEE SIMPLE PROPERTY KNOWN AS:
408 AND 410 PRISCILLA STREET, SALISBURY, MD
AND 309 AND 311 DECATUR AVENUE, SALISBURY, MD
SALE TO BE HELD ON THE COURTHOUSE STEPS, WICOMICO COUNTY
CIRCUIT COURT, AT 101 N. DIVISION STREET, SALISBURY, MD 21801
TUESDAY, MARCH 12, 2013 AT 11:30 A.M.
Under and by virtue of a power of sale contained in that certain Indemnity Deed of Trust
and Security Agreement dated as of January 21, 2009 (the “Deed of Trust”) and recorded among
the land records of Wicomico County, Maryland in Liber 2999, Folio 037 from Donald P.
Baysinger and Joan L. Baysinger, as grantors, the undersigned Substitute Trustees, at the request
of the beneficiary under the Deed of Trust (the “Beneficiary”), will offer for sale at public
auction on the Courthouse Steps as aforesaid, at 11:30 A.M. on Tuesday, March 12, 2013 the
real property (the “Property”) granted to the Substitute Trustees by the Deed of Trust, more
particularly described as follows:
ALL THOSE CERTAIN lots, pieces or parcels of land, situate, lying and being in Wicomico
County, Maryland, and more particularly described as follows:
PARCEL ONE:
All that lot or parcel of land situate, lying and being in the Parsons Election District of Wicomico
County, State of Maryland, and being more particularly shown and designated as Lot 2 on a plat
entitled “Subdivision for L & M Rentals, LLP”, made by Philip Parker & Associates, Inc., dated
April 16, 2001 and recorded among the Land Records of Wicomico County, Maryland, in Plat
Cabinet M.S.B. No. 14, folio 110, et seq.
AND BEING part of the same property conveyed to Donald P. Baysinger and Joan L. Baysinger,
by deed dated September 26, 2002 and recorded September 30, 2002 among the land records of
Wicomico County, Maryland in Liber 1970, Folio 194.
Premises Address: 408 Priscilla Street
PARCEL TWO:
All that lot or parcel of land situate, lying and being in the Parsons Election District of Wicomico
County, State of Maryland, and being more particularly shown and designated as Lot 3 on a plat
entitled “Subdivision for L & M Rentals, LLP”, made by Philip Parker & Associates, Inc., dated
April 16, 2001 and recorded among the Land Records of Wicomico County, Maryland, in Plat
Cabinet M.S.B. No. 14, folio 110, et seq.
AND BEING part of the same property conveyed to Donald P. Baysinger and Joan L. Baysinger,
by deed dated September 26, 2002 and recorded September 30, 2002 among the land records of
Wicomico County, Maryland in Liber 1970, Folio 194.
Premises Address: 410 Priscilla Street
PARCEL THREE:
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All that lot or parcel of land situate, lying and being in the Parsons Election District of Wicomico
County, State of Maryland, and being more particularly shown and designated as Lot 4 on a plat
entitled “Subdivision for L & M Rentals, LLP”, made by Philip Parker & Associates, Inc., dated
April 16, 2001 and recorded among the Land Records of Wicomico County, Maryland, in Plat
Cabinet M.S.B. No. 14, folio 110, et seq.
AND BEING part of the same property conveyed to Donald P. Baysinger and Joan L. Baysinger,
by deed dated September 26, 2002 and recorded September 30, 2002 among the land records of
Wicomico County, Maryland in Liber 1970, Folio 194.
Premises Address: 311 Decatur Avenue
PARCEL FOUR:
All that lot or parcel of land situate, lying and being in the Parsons Election District of Wicomico
County, State of Maryland, and being more particularly shown and designated as Lot 5 on a plat
entitled “Subdivision for L & M Rentals, LLP”, made by Philip Parker & Associates, Inc., dated
April 16, 2001 and recorded among the Land Records of Wicomico County, Maryland, in Plat
Cabinet M.S.B. No. 14, folio 110, et seq.
AND BEING part of the same property conveyed to Donald P. Baysinger and Joan L. Baysinger,
by deed dated September 26, 2002 and recorded September 30, 2002 among the land records of
Wicomico County, Maryland in Liber 1970, Folio 194.
Premises Address: 309 Decatur Avenue
The Property is believed to consist of a 9,147 square foot lot improved by a 900 square
foot residential home (“408 Priscilla Street”), a 9,583 square foot lot improved by a 900 square
foot residential home (“410 Priscilla Street”), a 9,583 square foot lot improved by a 900 square
foot residential home, (“309 Decatur Avenue”) and a 9,147 square foot lot improved by a 900
square foot residential home (“311 Decatur Avenue”). While this information as to the nature
and description or use of the Property has been obtained from sources deemed reliable and is
believed to be accurate, no representations are made as to the presence, absence, development
status or condition of improvements on or about the Property.
TERMS OF SALE:
Cash. The Property will be offered for sale in an “AS IS, WHERE IS” condition and will
be conveyed by Substitute Trustees’ Deed subject to all encumbrances, rights, reservations,
covenants, conditions, easements, restrictions and statutory liens, if any, having priority over the
Deed of Trust, as they may lawfully affect the Property. The Property will be sold subject to the
right of redemption of the United States of America, if such right exists.
The Substitute Trustees and the Beneficiary disclaim all warranties of any kind, either
express or implied, for the Property and any improvements thereon, including, without
limitation, any warranty relating to the zoning, structural integrity, physical condition, condition
of the soil, extent and nature of construction, workmanship, materials, habitability,
environmental condition, compliance with applicable laws, fitness for a particular purpose and
merchantability.
The Property will be sold subject to all conditions and dedications contained on any
subdivision plats, easements, liens, conditions, restrictions, rights of redemption, rights of entry,
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covenants, encumbrances, and agreements of record affecting the same (collectively, “Liens”), if
such Liens have priority over the Deed of Trust, and subject to (i) all applicable homeowners
association organizational documents or other regimes, (ii) all existing housing, building and
zoning code violations, (iii) all environmental problems and violations which may exist on or
with respect to the Property, and (iv) all matters that an accurate survey or physical inspection of
the Property might disclose.
The risk of loss or damage to the Property shall be borne by the successful bidder from
and after the date and time of the sale. Obtaining possession of the Property shall be the sole
responsibility of the successful bidder.
408 Priscilla Street, 410 Priscilla Street, 309 Decatur Avenue and 311 Decatur Avenue
will be offered individually and the Property will be offered as an entirety, or 408 Priscilla Street,
410 Priscilla Street, 309 Decatur Avenue, 311 Decatur Avenue and the Property may be offered
in some other combination, whichever yields the best result for the Substitute Trustees.
Deposit requirements in the form of cashier’s check or bank official check are as follows:
A $7,000.00 deposit for each of 408 Priscilla Street, 410 Priscilla Street, 309 Decatur
Avenue and 311 Decatur Avenue will be required from the purchaser(s) at the time and place of
sale. A $28,000.00 deposit for the Property in its entirety will be required from the purchaser at
the time and place of sale.
The deposit(s) will not earn interest in the hands of the Substitute Trustees. The
Beneficiary or any affiliate thereof is not required to make a deposit. The Substitute Trustees
reserve the right (i) to waive or modify the deposit requirement; (ii) to approve the
creditworthiness of any bidder or final purchaser; (iii) to withdraw all or part of the Property
from sale at any time prior to the termination of bidding; (iv) to keep the bidding open for any
length of time; (v) to reject any or all bids; and, (vi) to postpone the sale and conduct other sales
as the Substitute Trustees may determine in their discretion.
Immediately after the sale, the successful bidder shall execute and deliver a contract of
sale with the Substitute Trustees for 408 Priscilla Street, 410 Priscilla Street, 309 Decatur
Avenue, 311 Decatur Avenue and/or the Property (as the case may be) incorporating the terms
and conditions hereof, a copy of which shall be available for inspection prior to the sale, and
shall deliver to the auctioneer the applicable deposit.
The balance of the purchase price for 408 Priscilla Street, 410 Priscilla Street, 309
Decatur Avenue, 311 Decatur Avenue and/or the Property (as the case may be), together with
interest at 4.00% per annum from the date of sale to the date of settlement, shall be paid in cash
within twenty (20) days after final ratification of the sale of 408 Priscilla Street, 410 Priscilla
Street, 309 Decatur Avenue, 311 Decatur Avenue and/or the Property (as the case may be) by the
Circuit Court for Wicomico County, Maryland, time being of the essence with regard to all of the
purchaser’s obligations.
Settlement on the sale of 408 Priscilla Street, 410 Priscilla Street, 309 Decatur Avenue,
311 Decatur Avenue and/or the Property (as the case may be) shall take place at the law offices
of Ober, Kaler, Grimes & Shriver, P.C., 100 Light Street, Baltimore, MD 21202, or such other
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place as is agreeable to the parties. Real estate taxes, water, ground rents and other municipal
liens and charges and all other public charges and assessments payable on an annual basis or
otherwise shall be adjusted to March 12, 2013, the date of the sale, and assumed thereafter by the
purchaser. Any homeowners’ association fees, assessments or capital contributions payable with
respect to 408 Priscilla Street, 410 Priscilla Street, 309 Decatur Avenue, 311 Decatur Avenue
and/or the Property (as the case may be) shall be assumed after the date of sale by the purchaser.
The purchaser shall pay all settlement fees, title examination charges, title charges and title
insurance premiums and all recording costs (including the state grantor’s tax and all state and
county recordation taxes and fees, clerk’s filing fees and transfer fees and taxes). The purchaser
shall pay all costs incidental to the conveyance of 408 Priscilla Street, 410 Priscilla Street, 309
Decatur Avenue, 311 Decatur Avenue and/or the Property (as the case may be). If the
Beneficiary is the purchaser of the Property or any portion thereof at the sale, the amount bid at
the sale by the Beneficiary shall be a credit against the indebtedness secured by the Deed of
Trust.
Pursuant to its rights under the Deed of Trust, the Beneficiary has sent demand for
payment of rent to 408 Priscilla Street, 410 Priscilla Street, 309 Decatur Avenue and 311 Decatur
Avenue. Rental payments, if any, received by the Beneficiary from any tenant of 408 Priscilla
Street, 410 Priscilla Street, 309 Decatur Avenue or 311 Decatur Avenue for the rental period
after the date of sale through the date of settlement shall be delivered to the purchaser of 408
Priscilla Street, 410 Priscilla Street, 309 Decatur Avenue, 311 Decatur Avenue or the Property
(as the case may be) at settlement. The purchaser(s) shall not be entitled to collect rents from
tenants of the Property, if any, until after settlement on the sale of 408 Priscilla Street, 410
Priscilla Street, 309 Decatur Avenue, 311 Decatur Avenue and/or the Property (as the case may
be). The Substitute Trustees are advised by the Beneficiary that the Beneficiary holds no security
deposit of any tenant of the Property. The Beneficiary’s election to collect rents shall be in
addition to all other remedies the Beneficiary may have and may be exercised independently of,
or concurrently with, any other remedy.
If any successful bidder fails for any reason to complete settlement as provided above,
the applicable deposit shall be forfeited and applied to the costs of the sale, including Substitute
Trustees’ fees, and the balance, if any, shall be delivered to the Beneficiary to be applied by the
Beneficiary against the indebtedness secured by, and other amounts due under, the Deed of Trust
in accordance with the Deed of Trust or applicable law or otherwise as the Beneficiary shall
elect. There shall be no refunds. Such forfeiture shall not limit any rights or remedies of the
Substitute Trustees or the Beneficiary with respect to any such default. After any such default
and forfeiture, 408 Priscilla Street, 410 Priscilla Street, 309 Decatur Avenue, 311 Decatur
Avenue and/or the Property (as the case may be) may at the discretion of the Substitute Trustees
be conveyed to the next highest bidder on 408 Priscilla Street, 410 Priscilla Street, 309 Decatur
Avenue, 311 Decatur Avenue and/or the Property (as the case may be) whose bid was acceptable
to the Substitute Trustees. If, instead, 408 Priscilla Street, 410 Priscilla Street, 309 Decatur
Avenue, 311 Decatur Avenue and/or the Property (as the case may be) is/are resold, such re-sale
shall be at the risk and the cost of the failing bidder, and the failing bidder shall be liable for any
deficiency between its bid and the successful bid at the resale as well as the costs of conducting
such re-sale. In the event the Substitute Trustees do not execute a deed of conveyance or other
necessary settlement documents, the purchaser’s sole remedy shall be the refund of the
applicable deposit. Immediately upon conveyance by the Substitute Trustees of 408 Priscilla
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Street, 410 Priscilla Street, 309 Decatur Avenue, 311 Decatur Avenue and/or the Property (as the
case may be) to a purchaser at foreclosure, all duties, liabilities, and obligations of the Substitute
Trustees, if any, with respect to 408 Priscilla Street, 410 Priscilla Street, 309 Decatur Avenue,
311 Decatur Avenue and/or the Property (as the case may be) so conveyed shall be extinguished.
The information contained herein was obtained from sources deemed to be reliable, but is
offered for informational purposes only. Neither the Beneficiary nor the Substitute Trustees
make any representations or warranties with respect to the accuracy of this information.
The Substitute Trustees reserve the right to modify the deposit requirements, to withdraw
all or any part of the Property from the sale, to postpone the sale, and to conduct such other sales
as the Substitute Trustees may determine in their sole discretion. Additional terms and
conditions may be announced at the time of sale.
NIKOLAUS F. SCHANDLBAUER, WALTER R. KIRKMAN
Substitute Trustees
For further information, or for a copy of the aforementioned Contract of Sale, please
contact:
Alex Cooper Auctioneers, Inc.
908 York Rd., Towson, MD
(410) 828-4838, www.alexcooper.com
SALISBURY DAILY TIMES – DOUBLE COLUMN AD – FEB. 22, MARCH 1 & 8
(Priscilla.Decatur legal ad) (Serial #411550)
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