Axelson, Williamowsky, Bender & Fishman, P.C.

                                                Attorneys and Counselors at Law

                                                    1401 Rockville Pike, Suite 650

                                                            Rockville, MD  20852

                                                     TELEPHONE (301) 738-7657

                                                    TELECOPIER (301) 424-0124

SUBSTITUTE TRUSTEES' SALE of valuable Improved real estate Improved by premises known as 8418 CUNNINGHAM DR, COLLEGE PARK, MD 20740

          By virtue of the power and authority contained in a Deed of Trust from JOSEPH Y. DEPESTRE and MARJORIE DEPESTRE,  dated March 28, 2008 and recorded in Liber 29676 at Folio 479  among the land records of   PRINCE GEORGE'S COUNTY, Maryland, upon default and request for sale, the undersigned trustees will offer for sale at public auction in front of the Main Street entrance to the Duvall Wing of the Prince George's County Courthouse Complex, Upper Marlboro,  Maryland on Friday, March 17, 2023 at 3:00 p.m. all that property described in said Deed of Trust as follows:

Being known and designated as Lot numbered Three (3) and Four (4) in Subdivision formerly known as Charlton Heights and now known as "Berwyn Heights", as per Plat thereof recorded among the Land Records of Prince George's County, Maryland in Liber J.W.B. 10 folio 309 and rerecorded in Plat book A at folios 52 and 53. 

The improvements thereon being known as 8418 Cunningham Drive, College Park, MD 20740.  Tax ID #:  21-2316404

Said property is improved by A Dwelling and Is SOLD IN "AS IS CONDITION"

TERMS OF SALE:  A deposit of   $18,000.00     in the form of cash, certified check, or in any other form suitable to the substitute Trustees in their sole discretion, shall be required at the time of sale.  The balance of the purchase price with interest at 3.50%    per annum from the date of sale to the date of payment will be paid within ten days after the final ratification of the sale.

            Adjustments on all taxes, public charges and special or regular assessments will be made as of the date of sale and thereafter assumed by purchaser. 

            Front Foot Benefit charges are to be adjusted for the current year to date of sale and assumed thereafter by the purchaser.  Title examination, conveyancing, state revenue stamps, transfer taxes and all other costs incident to settlement are to be paid by the purchaser. Time is of the essence for the purchaser, otherwise the property will be resold at the risk and cost of the defaulting purchaser.  The purchaser agrees to pay the Substitute Trustees fees  plus all costs incurred if the Substitute Trustee have filed the appropriate pleadings with the Court to resell the property. Purchaser waives personal service of any paper filed with the court in connection with such motion and any Show Cause Order issued by the Court and expressly agrees to accept service of any such paper or Order by certified mail and regular mail sent to the address provided by the purchaser and as recorded on the documents executed by purchaser at the time of the sale.  Service shall be deemed effective upon the purchaser 3 days after postmarked by the United States Post Office.  It is expressly agreed by the purchaser that actual receipt of the certified mail is not required for service to be effective. If the purchaser fails to go to settlement the deposit shall be forfeited to the Substitute Trustee and all expenses of this sale (including attorney fees or full commission on the gross sales price of the sale) shall be charged against and paid from the forfeited deposit.  In the event of resale the defaulting purchaser shall not be entitled to any surplus proceeds or profits resulting from any resale of the property regardless of any improvements made to the real property.  

            In the Event this property is sold and for any reason the sale is not ratified the liability of the Substitute Trustees shall be limited to a refund of the deposit.  Upon refund of the deposit the purchaser shall have no further claim against the Substitute Trustees either at law or in equity.

JEREMY K. FISHMAN, SAMUEL D.  WILLIAMOWSKY, and ERICA T. DAVIS, SUBSTITUTE TRUSTEES,  by virtue of instrument recorded among the land

                                                            records of  PRINCE GEORGE'S County, Maryland.

                                                            Brenda DiMarco, Auctioneer

                                                                                                                                                14804 Main Street 

                                                            Upper Marlboro, MD 20772

                                                            Phone#: 301-627-1002

                                                            Auctioneer's Number #A000560