Law Offices

GOOZMAN, BERNSTEIN & MARKUSKI

9101 Cherry Lane, Suite 207

Laurel, Maryland 20708

(301) 953-7480

(410) 792-0075

TRUSTEES' SALE

Case No. 435919V

Of Valuable Improved Real Estate

located in Montgomery County, MD

at 13112 Briarcliff Terrace, Unit #5-101

Germantown, MD 20874

Under and by virtue of a Power Of Sale contained in a certain Deed Of Trust from John G. Markle and Linda D. Markle to Ronda McDowell and Steve Anderson, Trustees, dated January 20, 2004, and duly recorded among the Land Records of Montgomery County, Maryland, in Liber 26692, at Folio 065, as modified, docketed for foreclosure in Civil No 435919V, the holder of the indebtedness secured by the Deed Of Trust having appointed Martin L. Goozman and Jeffrey W. Bernstein as Substitute Trustees by instrument duly executed, acknowledged and recorded among the Land Records of the said County, default having occurred under the terms thereof and at the request of the holder of the Note secured thereby, the undersigned Substitute Trustees will offer for sale at public auction at the Circuit Court for Montgomery County, at the Court House Door, 50 Maryland Avenue, Rockville, Maryland 20850 on:

THURSDAY, NOVEMBER 9, 2017 AT 12:00 PM (NOON)

all that Property described in the said Deed Of Trust as follows:

Being known and designated as Unit 5-101, Building No. 5, Phase 3 in the horizontal property regime known as “SENECA KNOLLS CONDOMINIUM”, as being part of all that property more particularly described in a certain Declaration of Condominium, dated February 27, 1992, and recorded among the Land Records of Montgomery County, Maryland in Liber 10201, Folio 494, and any amendments or supplements thereafter, by the Ryland Group, Inc. a Maryland Corporation the Declarant thereof, and as shown on plats entitled, “2^nd Expansion, Phase 3, Building No. 5, Plat of Condominium Subdivision, SENECA KNOLLS CONDOMINIUM, Plat No. 174, Parcel E, Block 19, Section 11, Churchill Town Sector”, which plats are recorded among the Land Records of Montgomery County, Maryland in Condominium Plat Book 62, at Plat Nos. 6352, 6353 and 6355.

Together with a prorated undivided percentage interest in the common elements thereof, common with the other owners, as established for this unit pursuant to the aforesaid Declaration and the By-Laws attached thereto, and any amendments or supplements thereof.

Parcel Identifier:                     02-03003317

The property is believed to be improved by a 953 ± square foot condominium unit that contains 2 bedrooms and 2 full baths.

The Property will be sold in "AS-IS" condition, subject to all conditions, restrictions, easements, covenants, rights-of-way and agreements of record affecting the Property, and subject to whatever an accurate survey or inspection of the Property would disclose, without any express or implied warranty of any kind.

A deposit of $10,000.00 cash, certified or cashier's check, payable to the undersigned Trustees, shall be required at the time and place of sale.  The balance of the purchase price shall bear interest at the rate of 3.75% per annum from the date of sale to the date of delivery of payment to the Substitute Trustees.  No deposit shall be required of the noteholder where the noteholder bids on the Property at sale and payment of the purchase price by the noteholder shall be made by crediting the purchase price against the foreclosure costs and expenses and the indebtedness secured by said Deed Of Trust.  In the event that settlement is delayed for any reason, including, but not limited to, exceptions to the sale, bankruptcy filings by interested parties, court administration of the foreclosure sale or unknown title defects, there shall be no abatement of interest.

Adjustment of all taxes, public charges and special or regular assessments, annual front foot benefit charges and deferred connection fees, if any, shall be made as of the date of sale and thereafter assumed by the purchaser.  Condominium fees and/or homeowner's association fees, if any, shall be assumed by the purchaser from the date of sale.  Title examination, conveyancing, transfer taxes, recordation tax and all other costs of conveyance and settlement shall be paid by the purchaser.

The Property is sold subject to the right of any persons in possession of all or any part of the Property under recorded or unrecorded leases or rights of occupancy, if any.  Purchaser shall be responsible for obtaining possession of the Property.

Compliance with the terms of sale shall be made and the balance of the purchase price shall be paid within ten (10) days after final ratification of the sale by the Circuit Court for Montgomery County, Maryland, unless said time is extended by the undersigned Trustees in their sole and absolute discretion for good cause shown, time being of the essence; otherwise the deposit shall be forfeited and the Property will be resold at the risk and expense of the defaulting purchaser.  In the event of resale, the defaulting purchaser shall not be entitled to any benefit, surplus proceeds or profits resulting from such resale.

The Trustees and Auctioneers are not liable, individually or otherwise, for any reason.  If title to the Property is not or cannot be transferred consistent with the terms hereof for any reason, the Trustees' liability is limited, at its sole discretion, to return any deposit, without interest, thereby rescinding the sale, and there is no other right or remedy against the Trustees at law or in equity. The Trustee, Auctioneer and Secured Party do not make any representations or warranties with respect to the accuracy of this information

Martin L. Goozman and

Jeffrey W. Bernstein

Substitute Trustees