Law Offices of

Funk & Bolton, P.A.

100 Light Street, Suite 1400

Baltimore, Maryland 21202

SUBSTITUTE TRUSTEES’ SALE OF VALUABLE

IMPROVED COMMERCIAL REAL ESTATE PROPERTY

  (Known As)

515 Florida Avenue, NW

Washington, D.C. 20001

            Under and by virtue of the power of sale contained in that certain Deed of Trust, from Taweedej Vigsittaboot, a/k/a Tweedej Vigsittaboot (“Grantor”) to Linwood White and John Gamble, Trustees, dated August 9, 2018, and recorded among the Land Records of the District of Columbia as Instrument No. 2018080651 (the “Deed of Trust”), the holder of the indebtedness secured by said Deed of Trust (the “Noteholder”) having subsequently appointed Eric S. Schuster and Bradley J. Swallow as Substitute Trustees in the place of the former trustees by instrument duly executed, acknowledged, and recorded among the Land Records of the District of Columbia as Instrument No. 2023106188, default having occurred under the terms of the Deed of Trust and at the request of the parties as secured thereby, following the mailing of a Notice of Foreclosure Sale of Real Property or Condominium Unit which was recorded on August 20, 2024 as Instrument No. 2024077447 and Affidavit of Non-Residential Mortgage Foreclosure recorded on July 25, 2024 as Instrument No. 2024069484 the undersigned Substitute Trustees (collectively, the “Trustees”) will offer for sale at public auction at the steps of 515 Florida Avenue, NW, Washington, D.C. 20001:

October 17, 2024

at 12:00 p.m. (Noon)

ALL OF THAT real property and any improvements thereon being situated in the District of Columbia (the “Property”) and being more particularly described as follows:

Lot numbered 23 in Block 3 in a subdivision known as “LeDroit Park” made by Emma M. Gillett as per plat recorded in Liber County 7, at folio 38 among the Records of the Office of the Surveyor for the District of Columbia.

NOTE: At the date hereof the above described land is known for assessment and taxation purposes as Lot numbered 23 in Square numbered 3093.

Property Address:  515 Florida Avenue, NW, Washington, D.C. 20001.

            The Property is believed to consist of two stories and a full lower level, zoned C-2-A, containing approximately 1,956 square feet of gross building area and approximately 1,304 square feet above grade, which was the former home of a restaurant.

            The Trustees have been advised that the interior of the Property will be available for inspection between 11:00 a.m. – 12:00 p.m. (Noon) on October 17, 2024.

            A deposit in the amount of Fifty Thousand Dollars ($50,000.00) will be required of the Purchaser at time and place of sale.  The balance of the purchase price shall be due in cash or by certified check with interest on the unpaid balance of the purchase price at the rate pursuant to the Promissory Note executed in connection with the Deed of Trust from the date of sale to and including the date of settlement.  In the event the Noteholder, or an affiliate 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 Property will be sold subject to all taxes, ground rent, water rent, condominium fees and/or homeowner association dues, all public charges/assessments payable on an annual basis, including sanitary and/or metropolitan district charges, if applicable, all of which shall be the sole responsibility of the purchaser(s).  The cost of all documentary stamps, recordation taxes, document preparation, and transfer taxes is to be paid by the purchaser(s).  The Trustees reserve the right to reject any and all bids and to extend the time for settlement, at their discretion.

            The Property will be sold in an “AS IS” condition and without any warranties or representations, either express or implied, as to the nature, condition, or description of the improvements.  In addition, the Property will also be sold subject to all existing housing, building, and zoning code violations, subject to all critical area and wetland violations, subject to all environmental problems and violations which may exist with respect to the Property, and subject to all matters and restrictions of record affecting the same, if any.  The purchaser(s) 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.

            The Property will be sold subject to all senior liens and encumbrances that are not extinguished by operation of law or by the foreclosure sale of the Property and subject to all easements, conditions, restrictions, rights of redemption, covenants, such state of facts that an accurate survey or physical inspection of the Property might disclose, and agreements of record affecting the Property.

            The purchaser(s) shall pay at settlement all state and local transfer taxes, documentary stamps, recordation taxes and fees, title examination costs, attorneys’ fees, conveyance fees, and all other incidental settlement costs.  The purchaser(s) shall settle and comply with the terms of sale within thirty (30) days following the day of the sale, unless said period is extended by the Trustees for good cause shown.  Time is of the essence.  Settlement shall be held at the offices of Funk & Bolton, P.A., 100 Light Street, Suite 1400, Baltimore, Maryland 21202.

            In the event the purchaser(s) fail to go to settlement as required, in addition to any other legal or equitable remedies available to them, the Trustees may, without further order of the court, declare the aforementioned deposit forfeited and re-sell the Property at the purchaser(s)’ risk and expense.  In such event, the defaulting purchaser(s) shall be liable for the payment of any deficiency in the purchase price, all costs and expenses of both sales, reasonable attorneys’ fees, all other charges due, and incidental damages.  In the event the resale of the Property results in a sale in excess of the amount originally bid by the defaulting purchaser, the defaulting purchaser waives any and all claims, rights, and interest in any such excess amounts and shall not be entitled to any distribution whatsoever from the resale proceeds.  The parties’ respective rights and obligations regarding the terms of sale and the conduct of the sale shall be governed by and interpreted according to the laws of the District of Columbia.

            If the Trustees are unable to convey the Property as described above, the purchaser(s)’ sole remedy at law or in equity shall be limited to the refund of the aforementioned deposit, without interest thereon.  Upon refund of the deposit to the purchaser(s), the sale shall be void and of no effect, and the purchaser(s) shall have no further claim against the Trustees or the Noteholder.

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 Trustees do not make any representations or warranties with respect to the accuracy of this information.

Eric S. Schuster

Bradley J. Swallow

Substitute Trustees

For Further Information, Contact:

Eric S. Schuster

Funk & Bolton, P.A.

100 Light Street, Suite 1400

Baltimore, Maryland 21202

410.659.4983

JONATHAN MELNICK AuctionEERS

To be Published on October 7, 9, 12, 13 and 16, 2024 

13071.002:236298