I hope all is OK with Carrie our CFO-I am surprised DGEL has not posted this info yet. Property in her name was auctioned off because of a default. I am sure there is a logical explanation. Timing is very interesting October 17, 2013
PS-does our invisible CEO do anything??
GO ENTI!!!!!!
LAW OFFICES
Shulman, Rogers, Gandal, Pordy & Ecker, P.A.
12505 Park Potomac Avenue, 6th Floor
Potomac, MD 20854
(301) 230-5241
File No. 103047.00221
SUBSTITUTE TRUSTEES’ SALE
of
Valuable Residential Property located in Washington County, Maryland,
known as
427 N. LOCUST STREET
HAGERSTOWN, MD 21740
By virtue of the power and authority contained in a Deed of Trust from Troy E. Cosner and
Carrie J. Cosner to Louis J. Giustini and/or Stephen L. Hummel, Trustees, bearing the date of March
18, 2008, recorded in Liber 3467, folio 314 among the Land Records of Washington County,
Maryland, and at the request of the party secured thereby, default having occurred in the terms and conditions thereof, the Substitute Trustees having been substituted for the trustee(s) named in said
Deed of Trust, will sell at public auction at the Circuit Court for Washington County, at the Court
House Door, 95 W. Washington Street, Hagerstown, MD 21740, on OCTOBER 17, 2013 AT 10:35
AM, some or all of the property described in said Deed of Trust.
All that Fee-Simple lot of ground and the improvements thereon identified as Tax ID #22-
007734 and more fully described in the aforesaid Deed of Trust. The property is purported to be a
residential dwelling.
TERMS OF SALE
The bid which yields the highest price for the Property will be accepted by the Substitute
Trustees. Notwithstanding the foregoing, the Substitute Trustees absolutely reserve the right to
postpone the sale and/or cancel the sale at any time until the auctioneer announces that the Property is
"sold" and the deposit in the required amount and form is received by the Substitute Trustees. A
deposit in the amount of $13,000.00 will be required at the time of sale. Such deposit must be by
cashier's check or certified check or such other form as the Substitute Trustees’ may determine in their
sole discretion. The Noteholder secured by the Deed of Trust (or any related party) shall be exempted
by the Substitute Trustees from submitting any bidding deposit. The Substitute Trustees will, as a
condition of the sale, require all potential bidders, except the Noteholder, to show their deposit before
any bidding begins. The retained deposit of the successful purchaser shall be applied, without interest,
to the successful purchaser's credit at settlement, provided, however, that in the event the successful
purchaser fails to consummate the purchase in accordance with the terms of sale as herein provided,
such deposit, will be forfeited. The terms of sale must be complied with and settlement consummated
thereon within 30 days from date of final ratification of the sale by the Circuit Court for Washington
County, Maryland unless extended at the sole discretion of the Substitute Trustees. There will be no
abatement of interest due from the purchaser in the event settlement is delayed for any reason. TIME
IS OF THE ESSENCE. The balance of the purchase price over and above the retained deposit, with
interest thereon at a rate of 12% from the date of sale through the date of receipt of the balance of the
purchase price, will be due at settlement in cash or certified funds; and if not so paid, the Substitute
Trustees reserve the right to retain the deposit and resell the Property at the risk and cost of the
defaulting purchaser, after such advertisement and on such terms as the Substitute Trustees may deem proper, and to avail themselves and the Noteholder of any legal or equitable rights against the
defaulting purchaser.
The Property is sold subject to the lawful rights, if any, of parties in possession, if such rights
have priority over the Deed of Trust, and to any and all covenants, conditions, restrictions, easements,
rights of way, encumbrances, liens, agreements and limitations of record having priority over the Deed
of Trust. The Property will be sold “WHERE IS” and in “AS IS” condition without any warranty as to
condition, express or implied, and without any representation or warranty as to the accuracy of the
information furnished to prospective bidders by the Substitute Trustees or any other party and without
any other representations or warranty of any nature. Without limiting the generality of the foregoing,
the Property will be sold without representation or warranty as to (i) title to the Property, (ii) the
nature, condition, structural integrity, or fitness for a particular use of any improvements, fixtures or
personal property included within the Property, (iii) the environmental condition of the Property or the
compliance of the Property with federal, state and local laws and regulations concerning the presence
or disposal of hazardous substances, (iv) compliance of the Property with the Americans with
Disabilities Act or any similar law, or (v) compliance of the Property with any zoning laws or
ordinances and any and all applicable safety codes, and acceptance of the Deed to the Property by the
successful purchaser shall constitute a waiver of any claims against the Substitute Trustees or the
Noteholder concerning any of the foregoing matters. Purchaser shall be responsible for obtaining
physical possession of the Property.
Conveyance shall be by Trustee’s Deed, without covenant or warranty, express or implied,
specifically including marketability or insurability (hazard or title), unless otherwise required by
statute, court rule or the Deed of Trust. The risk of loss or damage by fire or other casualty to the
Property from and after the date of sale will be upon the successful purchaser. Adjustment of all taxes,
ground rents, public charges, assessments, sewer, water, drainage and other public improvements will
be made as of the date of sale and are to be assumed and paid thereafter by the successful purchaser,
whether assessments have been levied or not. Any condominium fees, homeowners association dues,
assessments or capital contributions, if any, payable with respect to the Property shall be assumed after
the date of sale by the successful purchaser. All costs incident to the settlement and conveyancing
including, without limitation, examination of title, conveyancing, all recordation taxes and charges, all
transfer taxes and charges, title insurance premiums, notary fees, settlement fees and all other costs
incident to settlement shall be at the cost of the successful purchaser. In the event the Substitute
Trustees are unable for any reason to convey title, the purchaser’s sole remedy at law or in equity shall
be to request and receive a return of the deposit. Upon return of the deposit, this sale shall be void and
of no effect and the purchaser shall have no further claim against the Substitute Trustees. 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.
Stephen A. Metz and Benjamin P. Smith, Substitute Trustees
ALEX COOPER AUCTS., INC.
908 YORK RD., TOWSON, MD 21204
410-828-4838
HERALD MAIL - DOUBLE COLUMN AD – OCT. 2, 9 & 16
dm(Locust 427 legal ad) (Serial #418846)
