VALUABLE REAL PROPERTY SALE
Office of the Sheriff
Of Queen Anne’s County
- Gery Hofmann, III
505 Railroad Avenue
Centreville, Maryland 21617
OF THE PROPERTY EXECUTED AND LEVIED UPON BY R. Gery Hofmann, III, Sheriff of Queen Anne’s County, this 23rd day of July, 2015, by virtue of a Writ of Execution issued out of the Circuit Court for Queen Anne’s County, and directed to the Sheriff thereof issued pursuant to a judgment recorded in the County on August 7, 2006 in Case No. 06-11809, by Terry Brumwell, (the “Judgment Lienor”), and a levy made on August 17, 2006, against Goods, Chattels, Lands and Tenements of James A. Gerben, Jr., Randy William Gerben, and Jason Wayne Gerben, the Sheriff will sell in one auction lot all of the rights, title, claim, interest, and estate, both at law and in equity, including the right of possession, of the tenant in common interest of James A. Gerben, Jr., of, in, to, and about the Property described below.
Execution occurred in August, 2006 by the Sheriff against the Property. The execution severed the joint tenancy and resulted in three tenant-in-common interests, two of which three tenant-in-common interests have previously been sold at a Sheriff’s Sale. The Property is described as:
Comprising approximately 47.485 acres located at 1211 Busic Church Road, Marydel, Maryland 21649, Real Estate Tax Account #1801-001450, and any improvements and further described in Liber 1336, Folio 72, as recorded in the Land Records of Queen Anne’s County, Maryland, and also being Parcel 3 on Map 20 Grid 18, the parcel being generally described as an L-shaped parcel with a rectangle fronting on Busic [Busicks] Church Road and running northerly, and continuing by a rectangle toward and fronting on Duhamel Corner Road
Beginning for the same at an iron pipe on the north side of Busicks Church-Anderson Corner [Busic Church] Road (40’ wide), said point being the southwest corner of the herein described lands and the southeast corner of the lands of James F. Lofland; and running, thence, by and with said Lofland lands North 15 degrees 49 minutes 10 seconds West – 671.64 feet to an iron pipe and the lands of Charles S. Conley; thence, by and with said Conley land North 14 degrees 15 minutes 30 seconds West – 560.07 feet to an iron pipe, North 35 degrees 20 minutes 20 seconds West – 393.26 feet to a stone, and South 80 degrees 07 minutes 50 seconds West – 1309.75 feet to an iron pipe on the northeast side of Duhamel Corner Road; thence, by and with the northeast side of the said road (50’ wide) along a curve the chord of which is North 27 degrees 06 minutes 50 seconds West – 163.96 feet to an iron pipe and the lands of Luther Toulson; thence, by and with said Toulson lands North 80 degrees 21 minutes 30 seconds East – 1767.96 feet to an iron pipe and the lands of Lincoln County Land & Cattle Co.; thence, by and with said lands South 15 degrees 45 minutes 30 seconds East – 146.08 feet to an iron pipe, South 32 degrees 07 minutes 10 seconds East – 750.58 feet to an iron pipe, and North 60 degrees 06 minutes 20 seconds East – 117.90 feet to an iron pipe and the lands of Frederick Peters; thence, by and with said Peters lands South 44 degrees 08 minutes 40 seconds East – 222.75 feet to an iron pipe and the lands of Earl F. Reihms; thence, by and with said Reihms lands South 05 degrees 38 minutes 40 seconds East – 858.29 feet to an iron pipe and south 05 degrees 38 minutes 40 seconds East – 10.00 feet to the north side of Busicks Church-Anderson Corner Road; thence, by and with the north side of the said road South 71 degrees 04 minutes 20 seconds West – 422.20 feet, South 71 degrees 47 minutes 40 seconds West – 851.33 feet, and South 73 degrees 12 minutes 20 seconds West – 281.74 feet to the place of beginning. Containing in all 47.485 acres of land, more or less.
As such description was amended by and subject to the terms and conditions of a Deed and Boundary Line Agreement, dated March 6, 1981, and recorded in Liber M.W.M. No. 173, folio 274 of the Land Records of Queen Anne’s County.
TERMS OF SALE: A $5,000.00 deposit payable by cash, certified check, or cashier’s check, will be required of the purchaser at the time and place of sale, except that Judgment Lienor or its assignee or its designee may bid its debt and shall not be required to post a deposit. The balance shall be paid in cash/certified check within 10 days of final ratification of the sale, time being of the essence. All checks must be payable to the Sheriff of Queen Anne’s County. In the event of default by the purchaser, including failure to timely remit the balances due, and at the risk and expense of said purchaser, the Sheriff may declare the deposit forfeited and resell the premises. In such event the defaulting purchaser will be liable for payment of all costs and expenses of both sales and any deficiency in the sale price realized in the subsequent sale. The forfeited deposit, less expense, shall be credited towards the judgment after final ratification by the Court. The sale shall not be final until ratification by the Court.
The Property is sold subject to all encumbrances, agreements, covenants, reservations of title, all back taxes, costs of conveyance, and outstanding liens or encumbrances senior in right to that of Judgment Lienor which must be paid by the Purchasers. The Property will be sold in its “AS IS” and “WHERE IS” condition. The Sheriff makes no representations, warranties, either expressed or implied, with respect to the condition of the Property, any improvements, or as to the suitability of the Property for any particular purpose. In the event of a defect of title, the Purchaser’s sole remedy shall be the refund of the deposit. The Purchaser shall be responsible for all settlement costs, including, but not limited to, title examination, if any, recording costs, documentary stamps, transfer taxes, and document preparation.
All real estate taxes, charges and assessments will be adjusted as of the date of sale and closing shall take place on or before 10 days after final ratification of the sale by the Circuit Court for Queen Anne’s County, Maryland, time being of the essence.
The right to possession shall pass to the Purchaser at closing.
Upon receipt by Judgment Lienor or its assignee or its designee of the entire proceeds of the sale of the interests auctioned, from the Sheriff, after expenses of sale, auction fees, advertising, and Sheriff’s fees, up to the sum of the claim of the Judgment Lienor and the senior judgment and lien held by Alice Hall in Case No. 06-11808, Alice Hall and Elizabeth O’Shea have agreed that their judgment liens and the rights under their levy in Queen Anne’s County arising out of that certain lawsuit 04-100894 in Anne Arundel County, Maryland, including the levy in Case No. 06-11808 and 06-11800 in Queen Anne’s County, will be waived as to Purchaser as to interests auctioned and sold. With respect to any rights or interest as to which closing of a sale does not occur, the rights, liens and levies of Alice Hall in Case No. 06-11808, Terry Brumwell in Case. No. 06-11809, and Elizabeth O’Shea in Case No. 06-11800 are reserved and preserved.
Additional sale terms, if any, will be announced at the time of the sale.
PLACE OF THE SALE: Front steps of the Circuit Court for Queen Anne’s County, Maryland, 100 Court House Square, Centreville, Maryland 21617
DATE OF SALE: August 26, 2015, 10:00 a.m.
AUCTIONEER: Trice Auctions, Thomas L. Trice, Auctioneer