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TRANZON.COM TRANZON.COM
Foreclosure Auction – Retail Strip Center in District Heights Income Producing 100% Occupied! TRANZON.COM Auction Date & Time: Thursday, September 13th at 1pm Auction Location: 1940-2000 County Road District Heights, MD 20747 Jeff Stein, Partner David Lowry, Vice President Tranzon Fox 888-621-2110 410-871-0075 [email protected] TRANZON.COM Foreclosure Auction – Retail Strip Center in District Heights, MD Income Producing 100% Occupied! Property #: FX7181 Auction Date and Time: Thursday, September 13th at 1pm Property Previews Dates & Times: Thursdays, August 30th & September 6th From 11:00am-1:00pm Property and Auction Location: 1940-2000 County Rd District Heights, MD 20747 Property Description: This is a 9,800 +/- SF strip center currently divided into 6 tenant units. It is a one story masonry building with a flat roof sitting on 1.02 +/- acres of land zoned Ancillary Commercial (AC). The roof has had extensive repairs and all 6 HVAC units as well as all of the electric panels have been replaced within the last 24 months. The property is 100% occupied. The parking lot has also been redone and there are 64 paved spaces for a ratio of 6.5 per 1000 SF of GBA. Tax ID#: 2011 Tax Assessment: 2011 Property Taxes: Zoning: Approx Parcel Size: 17060468942 $1,099,600 $ 16,911 AC, Ancillary Commercial 1.02 Acres Also available to download separately at www.tranzon.com/FX7181 are the financials (Rent Roll, 15 Month P & L and Budgeted Repairs). Please, fill out the on-line confidentiality agreement. You will then be sent an email with a secure identification for you to use to access the document Directions: From the Capital Beltway (I-495) take exit 11B MD-4 N/Pennsylvania Ave towards Washington; Turn right onto Silver Hill Rd/MD-458 E. Silver Hill Rd becomes Walker Mills Rd. Turn right onto County Rd to property on left. Summary of Terms of Sale: See Substitute Trustees Sale Notice. Cooperating Broker’s Fee: Tranzon Fox is offering 2% to properly registered brokers. Jeff Stein, Partner David Lowry, Vice President Tranzon Fox 888-621-2110 410-871-0075 www.tranzon.com/FX7181 Attention Prospective Buyers: ALL INFORMATION CONTAINED IN THIS AND ANY OTHER MARKETING MATERIALS WAS OBTAINED FROM SOURCES BELIEVED TO BE ACCURATE. HOWEVER, NO WARRANTY OR GUARANTEE, EITHER EXPRESS OR IMPLIED, IS INTENDED OR MADE WITH RESPECT TO SUCH INFORMATION. PURCHASERS MUST INDEPENDENTLY INVESTIGATE, VERIFY AND CONFIRM ANY INFORMATION OR ASSUMPTIONS ON WHICH ANY BID IS BASED. NEITHER AUCTION COMPANY, NOTEHOLDER, NOR SELLERS SHALL BE LIABLE FOR ANY ERRORS IN OR THE INCORRECTNESS OF ANY INFORMATION REGARDING THE PROPERTY BEING SOLD. THE PROPERTY SHALL BE SOLD PURSUANT TO AND AS DESCRIBED IN THE ATTACHED NOTICE OF SUBSTITUE TRUSTEES’ SALE. TO THE EXTENT OF ANY INCONSISTENCY BETWEEN THE INFORMATION CONTAINED IN THIS PACKAGE AND THE ATTACHED NOTICE, THE ATTACHED NOTICE SHALL CONTROL. TO THE EXTENT OF ANY INCONSISTENCY BETWEEN ANNOUNCEMENTS MADE AT THE SALE AND ANY OTHER PROPERTY INFORMATION OR PRINTED TERMS OF SALE, THE SALE ANNOUNCEMENTS SHALL CONTROL. NEITHER THE SELLERS, THE AUCTION COMPANY, NOR THE NOTEHOLDER HAVE ACCESS TO THE PROPERTY AND THEREFORE THE AUCTION COMPANY IS NOT ABLE TO MAKE THE PROPERTY AVAILABLE FOR INSPECTION BEFORE THE SALE. THE PROPERTY IS SOLD “AS IS, WHERE IS, WITH ALL FAULTS”. THE PROPERTY WILL BE SOLD WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING ANY REPRESENTATIONS REGARDING ENVIRONMENTAL CONDITIONS AFFECTING THE PROPERTY. ANY DECISION TO PURCHASE OR NOT TO PURCHASE IS THE SOLE AND INDEPENDENT BUSINESS DECISION OF THE PURCHASER. NO RECOURSE OR CAUSE OF ACTION WILL LIE AGAINST THE SELLERS, THE AUCTION COMPANY OR THE NOTEHOLDER SHOULD PURCHASER BECOME DISSATISFIED WITH ITS DECISION, WHATEVER IT MAY BE, AT A LATER DATE. THE AUCTION COMPANY IS ACTING AS AGENT OF THE SELLERS, BUT RESERVES THE RIGHT TO BID AS AGENT FOR THE NOTEHOLDER. THE PROPERTY IS OFFERED FOR SALE TO QUALIFIED PURCHASERS WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, MARITAL STATUS OR NATIONAL ORGIN. Appraisal Excerpts (No Valuation Data Included) Law Offices of Gebhardt & Smith LLP One South Street Suite 2200 Baltimore, Maryland 21202 SUBSTITUTE TRUSTEES' SALE OF VALUABLE COMMERCIAL SHOPPING CENTER GENERALLY KNOWN AS 1940-2000 COUNTY ROAD, DISTRICT HEIGHTS, MARYLAND 20747 Under and by virtue of the power of sale contained in that certain Deed of Trust, dated December 20, 2007, executed and delivered by JAT Development, LLC to the trustees named therein and recorded among the Land Records of Prince George’s County, Maryland in Liber 30495, folio 633, as modified (collectively, the “Deed of Trust”), the holder of the indebtedness secured by said Deed of Trust (the "Noteholder"), having subsequently appointed Michael D. Nord and Michael C. Bolesta as Substitute Trustees ("Substitute Trustees") in the place and stead of Daniel J. Schrider and Steven E. Anderson, original trustees under the Deed of Trust, by instrument duly executed, acknowledged and recorded among the aforesaid Land Records, default having occurred under the terms of said Deed of Trust and at the request of the party secured thereby, the undersigned Substitute Trustees will offer the property described below for sale at a public auction to be held at the property located at 1940-2000 County Road, District Heights, Maryland 20747, on Thursday, September 13, 2012 at 1:00 p.m. ALL THAT piece, tract or parcel of land situate, lying and being in Prince George’s County, Maryland and more particularly described as follows (the "Property"): Parcel C in the subdivision known as Valleybrook Spaulding District as per plat of subdivision as recorded in plat book WWW 61 at Folio 63 among the Land Records of Prince George’s County, Maryland. Being in the 6th Election District of Prince George’s County. And Being the same Property conveyed by Deed recorded among the Land Records of Prince George’s County, Maryland in Liber 16637, Folio 628. The Property is generally known as 1940-2000 County Road, District Heights, Maryland 20747, and has a tax identification number of 06-0468942. The Property is centrally located in District Heights, close to Marlboro Pike and Walker Mill Road and is believed to contain approximately 1.02 +/- acres of C-A, or Ancillary Commercial zoned land. The Property is believed to be improved with a 1 story, masonry retail strip shopping center containing approximately 9,800 +/- square feet of gross building area with space for six (6) commercial tenants. TERMS OF SALE: A deposit in the amount of Fifty Thousand Dollars ($50,000.00), payable in cash, certified check or other form acceptable to the Substitute Trustees, will be required of the purchaser at the time and place of sale. Within seven (7) calendar days after the date of the sale, the purchaser of the Property shall deliver a certified check to the Substitute Trustees in an amount necessary to increase the purchaser’s deposit to an amount equal to ten percent (10%) of the entire amount bid by such purchaser for the Property at the sale. The balance of the purchase price, together with interest thereon at the rate of ten percent (10%) per annum from the date of sale to the date of settlement, shall be due from the purchaser to the Substitute Trustees in cash or by certified check within twenty (20) days following the final ratification of sale by the Circuit Court for Prince George’s County, Maryland, unless such closing deadline is extended in writing by the Substitute Trustees. Time is of the essence. Settlement shall be held at the offices of Gebhardt & Smith LLP, One South Street, Suite 2200, Baltimore, Maryland 21202, or such other place as may be agreed to by the Substitute Trustees. In the event that the beneficiary under the Deed of Trust, or an affiliate or subsidiary thereof, is the successful bidder at the sale, such party will not be required to make a deposit or to pay interest on the unpaid purchase money. The Substitute Trustees reserve the right to reject any and all bids at the sale, and to extend the time for settlement, at their discretion. The Property is being sold in an "AS IS" condition and without any warranties or representations, either express or implied, as to the nature, condition, value, use or description of the Property or any improvements thereon. The Property will also be sold subject to: (i) all senior liens and encumbrances that are not extinguished by operation of law by the foreclosure sale of the Property; (ii) all easements, equitable servitudes, conditions, rights of way, restrictions, rights of redemption, covenants, restrictive covenants, declarations, documents establishing homeowner’s association(s) and any other agreements, matters or restrictions of record affecting the Property that are not extinguished by operation of law by the foreclosure sale of the Property; (iii) all existing housing, building and zoning code violations, encroachments, and critical area and wetland violations; (iv) all environmental problems, conditions or hazards which may exist on or with respect to the Property; and (v) such state of facts that an accurate survey or physical inspection of the Property might disclose. For environmental information relating to the Property please visit the following webpage: http://www.mde.state.md.us/assets/document/County%20Plaza%20Shopping%20Center.pdf. The Substitute Trustee make no representations express or implied concerning the accuracy of the environmental information set forth on this webpage. All real estate taxes, assessments, water charges, county or municipal charges, homeowners' association charges and senior liens that are owed against the Property and that are not extinguished by the foreclosure sale of the Property, and the cost of all recordation fees and taxes, document preparation costs, transfer taxes, title examination costs, attorneys’ fees and other costs associated with conveying the Property to the purchaser, shall be the sole responsibility of the purchaser and shall be paid for by the purchaser at settlement. The purchaser at the foreclosure sale shall assume the risk of loss for the Property immediately after the sale takes place. It shall be the purchaser’s responsibility to obtain possession of the Property after the closing. In the event that the purchaser fails to go to settlement as required, in addition to any other legal or equitable remedies available to the Substitute Trustees, the Substitute Trustees may declare the aforementioned deposit forfeited and resell the Property at the purchaser's sole risk and expense. 2 In such event, the defaulting purchaser shall be liable for the payment of any deficiency in the purchase price sustained by the Substitute Trustees and/or the Noteholder, all costs and expenses of both sales, attorneys' fees, and any other damages sustained by the Substitute Trustees and/or the Noteholder, including, without limitation, all incidental damages. If the Substitute Trustees are unable to convey the Property as described above, the purchaser's sole remedy at law or in equity shall be limited to a refund of the aforementioned deposits, without interest thereon. Upon refund of the deposit to the purchaser as aforesaid, the sale shall be void and of no effect, and the purchaser shall have no further claim against the Substitute Trustees, the Noteholder or the Auctioneer conducting the sale of the Property. The parties' respective rights and obligations regarding the terms and conduct of the sale shall be governed by the laws of the State of Maryland. The information contained herein was obtained from sources deemed to be reliable, but is offered for informational purposes only. The Auctioneer, the Noteholder and the Substitute Trustees do not make any representations or warranties with respect to the accuracy of this information. Michael D. Nord and Michael C. Bolesta, Substitute Trustees For additional information or directions to the Property, contact: David K. Lowry, GPPA, CAI Executive Vice President Harborplace Tower 111 S. Calvert Street, 27th Floor Baltimore, MD 21202 410-871-0075 [email protected] or Michael C. Bolesta, Esquire Gebhardt & Smith LLP One South Street Suite 2200 Baltimore, Maryland 21202 410-385-5071 [email protected] 3 BROKER ACKNOWLEDGMENT FORM Must be received by Tranzon Fox one business day prior to auction REMIT TO: PROPERTY # FX7181 DATE OF AUCTION: Thursday, September 13th Tranzon Fox 3819 Plaza Drive Fairfax, VA 22030 (888) 621-2110 FAX (703) 539-8633 [email protected] PROPERTY ADDRESS 1940-2000 County Rd, District Heights, MD 20747 PROSPECTIVE BUYER NAME _________________________________________ PROSPECTIVE BUYER ADDRESS _________________________________________ PROSPECTIVE BUYER PHONE # _________________________________________ This shall serve as written notice to register the above referenced Prospective Buyer with Tranzon Fox with respect to the above referenced property to be sold at Public Auction on the above referenced date. It is understood and agreed that the broker commission will be governed in accordance with the Terms and Conditions of Sale as set forth in the information package. A commission of 2% of the high bid will be paid to the registered broker named herein if: a) this Broker Acknowledgment Form is properly completed and submitted; b) the Prospective Buyer named herein is the highest bidder at the Auction Sale; and c) the Prospective Buyer named herein as the highest bidder at the Auction Sale executes a Contract of Sale and closes on the sale of the subject property in accordance with the terms of the aforesaid Contract of Sale. In the event a commission reduction is required to consummate a sale, Tranzon Fox reserves the right to proportionately reduce the commission. In order to be effective, all Broker Acknowledgment Forms must be received by Tranzon Fox on or before 4:00 p.m. one business day prior to the auction. Agents must accompany their buyer to the auction. No Broker Acknowledgment Forms will be accepted at the auction site. ACCEPTED: __________________________________ Broker/Manager Signature Date ___________________________________ Agent Signature Date __________________________________ Broker/Manager Name Printed ___________________________________ Agent Name Printed Brokerage License No._______________ Agent License No. _______________ ___________________________________ Agent Email ___________________________________ Buyer Signature Date ___________________________________ Real Estate Brokerage Name ___________________________________ Real Estate Brokerage Address ___________________________________ City State Zip _________________ _________________ Phone Fax RECEIVED BY TRANZON FOX: By________________________________ Date_______________________________