Absolute Auction on Saturday,
September 10, 2016 at 11:00 AM, ET
1234 Cherry Tree Lane
Annapolis, Maryland
1234 Cherry Tree Lane Annapolis, Maryland
This Auction will be conducted on the Property Site, beginning at 11:00 AM, ET on Saturday, September 10th, 2016. Registration for the Auction will begin two hours before the Auction, at 9:00 AM, ET. For Early Registration and Absentee/Phone Bidding, please call our offices at 1.800.332.3767. To register for the Auction you must show your driver’s license and a deposit in the amount of Twenty Five Thousand Dollars ($25,000) certified or cashier’s check and a blank personal check to our Registration Clerk on site. Bidders should make the checks payable to themselves. The successful bidder/s will then sign the check(s) over to the Escrow Agent. Open House Previews: Open Houses begin Saturday, August 20th, 2016 from 1-4 PM and will continue every Saturday and Sunday from 1-4 PM until the auction. The last scheduled open house for this estate will be held on Friday, September 9th, 2016 from 1-4 PM, the day before the auction. Private appointments to preview the property are available by calling the DeCaro Offices at 1.800.332.3767.
DISCLAIMER This property is being sold in its existing “as is where is” condition, with no expressed or implied guarantees or warranties whatsoever. It is the Purchaser’s sole responsibility to perform all inspections and to be satisfied as to the property’s condition prior to bidding. Personal on-site inspection of the property is recommended and Bidders are advised to independently verify all information they deem important. DeCaro Auctions International and its agents and sub-agents, and the Sellers assume no liability for errors or omissions in this or any other property listing or advertising or promotional/ publicity statements and materials. Although information has been obtained from resources deemed reliable, the Auctioneer or DeCaro Auctions International, Seller or Seller’s Agent makes no guarantee as to the accuracy of the information herein contained or in any other property listing or advertising or promotion/publicity statements and materials. All information contained in the Bidder Information Package, website or any other promotional materials, including but not limited to: square footages, acreage, dimensions, maps, taxes, etc. was provided by the Seller and or Seller’s Agent and is believed to be correct. However, neither the Seller, Seller’s Agent nor the Auction Company makes any guarantee or warranty as to the accuracy or completeness of such information. Purchaser and or Purchaser’s Agent/Broker shall bear the sole responsibility to confirm all information relevant to the property prior to bidding. Neither the Seller, the Broker or the Auction Company shall be liable for any relief, or adjustments based on the failure of the property, including, but not limited to: amount of acreage, square footage, zoning or environmental condition to conform to any specific standard, expectation, or any published information. By bidding on this property, Purchaser agrees to the above.
The Annapolis Lifestyle
Step back in time when you travel to Annapolis, the capitol of Maryland and a colonial city in its earliest days. The local seaport brought visitors from around the world ... fueled by desires to sample fresh tidal cuisines and enjoy the ambiance of baroque city plans similar to those of Europe. A thriving shipping industry brought Annapolis great wealth and reflected deeply upon the quality of life. Early homes even had ballrooms and formal gardens where opulent social events could occur. In time, the shipping trade gave way to recreational boating, fishing, crabbing, and sailing, adding to the value of the local economy and the Annapolis lifestyle. Now known as America’s Sailing Capital, the city is located on the shores of the Chesapeake Bay and is a paradise for water lovers, famous for its crab cakes, lighthouses, and 500 miles of gorgeous shoreline. The presence of the United States Naval Academy and St. John’s College add to the strong scholarly appeal of the area. Downtown Annapolis is famous for its historic inns and scenic streets which boast of the finest restaurants in the region. Maryland Avenue is long-treasured as one of downtown Annapolis’ best spots for shopping, dining, and experiencing the culture. Eastport in Annapolis is another celebrated venue known for yachts, art galleries, residents, spas, and restaurants. The bridge into Eastport extends from downtown Annapolis and spans across Spa Creek, where canopied water taxis offer romantic shuttle services.
FEATURES AND AMENITIES INCLUDE: -
4-Level home with open and traditional floor plan Approximately 12,000 square feet on approximately 6.35 waterfront acres 6 bedrooms 5 bathrooms plus powder room Foyer with fireplace Formal dining room, living room, and sun room with double fireplace Sitting room with fireplace Media/game room, recreation room with wet bar 2 finished storage areas Pool with cabana 8 car garage Separate 2-bedroom/2-bathroom quest quarters Separate office/studio with bath 196 foot boat dock on deep water 2 boat houses Annual taxes approximately $38,387.17
Welcome to Fishing Creek Farm, a waterfront community of custom homes in Annapolis, tucked away on the beautiful Thomas Point peninsula. Nestled off the South River and surrounded by the pristine shorelines of Duvall Creek, a natural “safe harbor� for boaters, 1234 Cherry Tree Lane gives the illusion of being an exclusive private island. This custom built estate home elegantly blends formal settings with a casual and hospitable lifestyle. A lighthouse tower design offers panoramic views of the bay from the third floor and a spiral stairway leads to another spectacular view from a lookout. Under current building codes, many impressive features of this home could not be duplicated today.
BALCONY
OPEN TO FORMAL LIVING ROOM BELOW
ET
BI
DRESSER
CLUB ROOM 22' X 22'
BALCONY
BALCONY
MASTER BEDROOM 23' X 19'7" 13' CEILING
R BA
8'4" CEILING
LINEN
MASTER BATH
W
SECOND LEVEL
DRESSER
UP
CROW'S NEST DN
FOURTH LEVEL
UTILITY/ ATTIC STORAGE
9'6" CEILING
BALCONY LINEN
UP
THIRD LEVEL
BATH
WALK-IN CLOSET
9'4" CEILING
SH
EL VE
S
BATH LINEN
WALK-IN CLOSET
DN BUILT-IN DESK
BALCONY
FINISHED STORAGE 16'10" X 12'4"
BEDROOM 2 22'9" X 15'6"
BUILT-IN
BEDROOM 4 18' X 14'10"
BUILT-IN WINDOW SEAT BUILT-IN
WINDOW SEAT
ATTIC
WET BAR
LAUNDRY/ UTILITY
UP
PATIO
UTILITY
ATTIC
BEDROOM 3 21' X 16'11" 11'6" CEILING
FINISHED STORAGE 22'7" X 11'1"
RECREATION ROOM 28'1" X 13'8"
FINISHED STORAGE 13'8" X 12'7"
BATH DN
GUEST ROOM 11'3" X 9'2"
LINEN
LOWER LEVEL 8' CEILING
BUILT-IN BOOKCASE
BALCONY
MEDIA/GAME ROOM 36'3" X 19'2"
1234 CHERRY TREE LANE, ANNAPOLIS , MD ©2011 M. MOORE REF
UTILITY
MEDIA CLOSET
ALL ILLUSTRATIONS AND DIMENSIONS ARE APPROXIMATE AND MAY VARY FROM ACTUAL STRUCTURE. DIMENSIONS HAVE BEEN ROUNDED. ALL INFORMATION DEEMED RELIABLE BUT NOT GUARANTEED. WWW.INTERIORFOOTPRINTS.COM
Gracious Gatherings
Elegant Entertaining
Timeless Traditions
Rest and Relaxation
Page 1 of 3 for Phone and Absentee Bidding LIMITED DURABLE POWER OF ATTORNEY Bidder hereby appoints _________________________________ as Bidder's attorney-infact, with the power to do the following: For the Auction of: 1234 Cherry Tree Lane, Annapolis, Maryland 21403, he/she will: 1.
Sign the Bid Acceptance Form confirming the bid price and the Buyer's Premium.
2.
Complete and initial the Contract/Purchase Agreement on Bidder's behalf by filling in the Purchase Price, which is composed of the final bid plus the Buyer's Premium, all as detailed in the Terms and Conditions of Sale, provided herein, and any related terms.
3.
This Limited Durable Power of Attorney shall survive my disability.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
______day of
_____________, 2016. _________________________________________
_______________________________
Bidder Signature
Bidder Print Name
Signed, sealed and delivered in the presence of: STATE OF ___________________ COUNTY OF _______________________ BEFORE ME, the undersigned authority, personally appeared: , being by me first duly sworn, deposes and says that he/she executed the above and foregoing Limited Power of Attorney for the uses and purposes therein expressed. He / she is personally known to me or he/she produced as identification. WITNESS my hand and official seal on this
day of
_, 2016.
__________________________________________________________________________Notary Public
Typed, printed or stamped name of Notary Public My Commission Expires:
Page 2 of 3 for Phone and Absentee Bidding BIDDING BY PHONE AGREEMENT Bidder Name: Property you are bidding on: 1234 Cherry Tree Lane, Annapolis, Maryland 21403 Bidder Phone Number: __________________ Alternate Phone Number: __________________ PHONE BIDDING TERMS 1.
Telephone bidding is accepted at the Auctioneer’s sole discretion.
2.
All phone bids must be arranged and confirmed by 5:00 p.m., on the day prior to the scheduled Auction.
3.
The Auction is expected to start on time. However, delays are possible and you should plan accordingly.
4.
DeCaro and Seller are not responsible for any damages related to phone bidding, including, by way of example and not limitation, inability to submit bids based on changes in Auction time, busy signals, missed calls, disconnected calls and poor phone reception.
5.
A DeCaro agent will call you from the Auction several minutes before the Auction begins. All conversations may be recorded; and by signing this Agreement, you consent to such recording.
6.
Only the person named above as the Bidder in this Authorization will be authorized to bid by phone. AUTHORIZATION REQUIREMENTS
1. TERMS AND CONDITIONS OF SALE – The Terms and Conditions of Sale (the "Terms and Conditions") are a material part of this Authorization, are attached hereto, incorporated herein, and made a part hereof by reference. The Terms and Conditions of Sale must be signed and returned with this Authorization in order for the Authorization to be considered. 2. BID DEPOSIT – By 5:00 PM on Friday, September 9th, 2016 the Title Company must have received the Bid Deposit from Bidder in the amount of $25,000 by wire transfer.
Page 3 of 3 for Phone and Absentee Bidding WIRING INSTRUCTIONS Bank Name: Bank of America Bank Address: 2120 West Street, Annapolis, Maryland 21401 Account Name: Mid-Maryland Title Company, Inc. MAHT Account Routing/ABA #: 026 009 593 Account #: 003933836678 Please reference: 1234 Cherry Tree Lane, Annapolis, Maryland 21403 Auction.
If Bidder is successful at the auction, Bidder shall wire sufficient funds to bring the total deposit to ten percent (10%) of the Purchase Price by Monday, September 12, 2016. The Bid Deposit shall be handled in accordance with Paragraphs 2 and 3 of the Terms and Conditions of Sale. Bidder shall pay all wire transfer fees. Please include the wire instructions for the return of your funds if you are not the high Bidder: Your Name: _______________________________________________________ Your Bank: ______________________________________________________________ Your Bank Address: _______________________________________________________ Your Bank’s ABA/Routing #___________________ Account #: __________________ For Credit to: _____________________________________________________________ BIDDER REPRESENTATIONS 1. I have read and signed the Terms and Conditions and the Contract, and I understand that the Purchase Price, Buyer’s Premium, and related terms will be added and initiated by Auctioneer if I am the highest Bidder. 2. At any time subsequent to the Auction, the Settlement Agent may, but is not required to, submit a second copy of the contract to me with a request for an original signature. Such copy shall include the information added by your Attorney-in-Fact pursuant to the Limited Durable Power of Attorney executed by you and incorporated herein by reference. I am obligated to provide an original signature. 3. I understand that failure to proceed with the purchase will result in forfeiture of the Bid Deposit and any additional deposit, in addition to and may subject me to any other remedies set forth in the Terms and Conditions of Sale and the Contract. Date:
Bidder Signature: Bidder Print Name:
ABSOLUTE AUCTION TERMS AND CONDITIONS OF SALE Property Address: 1234 Cherry Tree Lane, Annapolis, Maryland
Auction Date: Saturday, September 10, 2016 at 11 AM.
1. Bidding. All bidding is open to the public without regard to race, color, sex, religion, familial status, handicap or national origin. Sale is not subject to financing. 2. Bidder’s Card. To obtain a bidder's card, you must show the clerk a certified or cashier’s check at the time and place of the Auction in the amount of $25,000 and a blank personal check. All certified or cashier’s checks are to be made payable to yourself and shall be endorsed over to the Settlement Agent at the Auction if you are the highest bidder. Only the highest bidder on the property will be required to deposit any moneys at the Auction. At the time of registration, you must sign these Terms and Conditions of Sale as agreed and understood. 3. Earnest Money. Immediately following the Auction the Buyer shall be required to pay a deposit for the property equal to ten percent (10%) of the purchase price. The deposit shall be a combination of the $25,000 cashier’s or certified check plus a personal check in an amount sufficient to bring the total deposit to ten percent (10%) of the purchase price. Alan W. Bernstein, Mid-Maryland Title Company, 900 Bestgate Road, Suite 200, Annapolis, Maryland 21401 will hold the deposit and conduct the settlement. The deposit will be applied to the purchase price at the time of closing. 4. Other Terms. As used in these Terms and Conditions of Sale, the term “final bid" means the highest bid acknowledged by the Auctioneer, and the term "purchase price" means the sum of the final bid plus the premium payable by the Buyer in accordance with Paragraph 5 below, exclusive of any applicable closing costs in accordance with the Contract. a. The highest bidder acknowledged by the Auctioneer shall be the Buyer. The Auctioneer may, in the event of any dispute between bidders, determine the successful bidder or re-offer and resell the property in dispute at the Auction. Should there be any dispute after the Auction, Auctioneer’s record of the final bid, and the purchase price shall be conclusive. b. Auctioneer reserves the right to withdraw the property before or at the Auction in its sole discretion. If Auctioneer perceives attempted collusion, Auctioneer will cancel the Auction. Collusion between bidders is prohibited by the Federal Anti Trust Laws. All decisions of the Auctioneer are final as to methods of bidding, bidding increments, cancellation or any other matters that may arise before, during or after the Auction. Auctioneer reserves the right to deny any person admittance to the Auction or expel anyone who Auctioneer believes may disrupt or interfere with the Auction in any way. c. The purchase price payable by a Buyer will be the sum of the final bid plus the buyer’s premium of ten percent (10 %) of the final bid. 5. Buyer's Premium. A ten percent (10 %) Buyer's Premium shall be paid by the Buyer and will be added to the final bid on each property. Example: Final bid on property is: ................................... $100.00 Add 10 % Buyer's Premium: ............ $ 10.00 Total on Sales Contract: ................... $110.00 6. Closing. The Buyer must sign all documents and the “AS-IS” Contract for Sale and Purchase (modified to meet these Terms and Conditions) on the day of the Auction and will be required to make an appointment with a closing agent to pay the balance of the purchase price and receive the deed to the property. All closings must occur within 30 days. 7. Default. If closing is delayed by action, lack of action or failure to comply with these Terms and Conditions of Sale by the Buyer, default will be declared and the earnest money may be retained by the Seller and Auctioneer in accordance with the agreement between them. 8. Bid Acceptance. THIS PROPERTY IS BEING SOLD ABSOLUTE TO THE HIGHEST BIDDER WITHOUT RESERVE. Once the final bid is accepted by Auctioneer, Buyer shall post the required deposit and Buyer and Seller will immediately execute a Bid Acceptance Form and the “AS-IS” Contract for Sale and Purchase modified to meet these Terms and Conditions (the “Contract”). 9. Prorations. Real estate taxes, homeowner fees (if any), as well as water and sewer charges, will be prorated as of the date of closing. 10. Closing Costs. The Buyer shall pay all closing costs for residential sales in the county and state where the property is located including, but not limited to, all documentary stamps, transfer taxes and title insurance. 11. Auction Procedures. Open and verbal announcements made at the Auction will take precedence over all printed material. Seller reserves the right at its sole discretion to accept or reject any offers made before the Auction begins. Method, order of sale, and bidding increments shall be at the sole discretion of the Auctioneer. Auction does not begin until Auctioneer accepts the first bid on the day of the Auction. 12. Disclaimer/Property Inspection. It is the Buyer's sole responsibility to perform any inspections Buyer deems pertinent to the purchase of this property and to be satisfied as to the property’s condition prior to bidding. The property, both real and personal, if any, is being sold in its existing "AS IS WHERE IS" condition, with no expressed or implied guarantees or warranties whatsoever. Personal onsite inspection of the property is recommended and bidders are advised to independently verify all information they deem important. Auctioneer and its agents and subagents, and the Sellers assume no liability for errors or omissions in this or any other property listing or advertising, promotional or publicity statements and materials. Although information has been obtained from resources deemed reliable, neither the Auctioneer nor Seller make any guarantee as to the accuracy of any such information. All information contained in the Bidder Information Package, web site or any other promotional materials, including but not limited to square footage, acreage, dimensions, maps, taxes, etc. was provided by the Seller and is believed to be accurate and complete. However, neither the Seller nor the Auctioneer makes any guarantee or warranty as to the accuracy or completeness of such information. Initials________________________
Buyer and Buyer's Agent/Broker shall bear the sole responsibility to confirm all information relevant to the property prior to bidding. Neither the Seller, Seller’s Broker nor the Auctioneer shall be liable for any relief, or adjustments if the amount of acreage, square footage, zoning, environmental condition or any other information fails to conform to any specific standard, expectation, or any published information. 13. Notice to Brokers. A fee equal to two percent (2%) of the bid price will be paid by DeCaro Auctions International to the licensed real estate broker whose prospect successfully bids and closes on the property. To qualify for commission the Licensed Real Estate Broker or Sales Person must first: a) Accompany their Prospect upon initial visit to open house and register the Prospect with a DeCaro representative at that time; b) Broker/Agent must also formally register prospect on DeCaro’s Broker Registration Form with both Prospect and Sales Person signatures. Broker Registration Forms are available at open houses or by calling DeCaro Auctions International, 1.800.332.3767; c) Completed Broker Registration Forms must be received no later than 5:00 PM the day before the Auction. Fax to: 410.200.2054 or email to: forms@decaroauctions.com; d) The Broker or Sales person must also register and attend the auction with the Prospect to obtain the necessary voucher to qualify for commission at settlement. No commission is payable to any Licensed Broker/Agent by Seller. In addition, no commission on any property will be paid to registered Brokers/Agents acting as a principal in the purchase of the property. 14. Title. Title to the property shall pass to the Buyer at formal settlement, which is to occur within 30 days as published in the Bidder's Information Packet. Title will be free and clear of all liens and Seller will convey good and marketable title in accordance with the Contract. 15. No Financing Contingency. THIS IS A CASH TRANSACTION WITH NO CONTINGENCY FOR FINANCING. Buyer may finance a portion of the purchase price, but Buyer’s obligation to proceed with the purchase is not contingent upon the Buyer obtaining financing. If the Buyer is unsuccessful in obtaining financing and is unable to go to settlement within the required time period, the deposit(s) provided by the Buyer shall be forfeited. 16. Conditions of Default. If any conditions contained herein are not complied with by the Buyer, Auctioneer may, in addition to asserting all remedies available by law, including the right to hold defaulting Buyer liable for the purchase price, either a) cancel the sale, retaining as liquidated damages any payment made by such buyer, b) resell the property with or without reserve at public auction or privately on seven (7) calendar days' notice to such buyer, or c) take such other action as it deems necessary or appropriate. If Auctioneer resells the property, the original defaulting Buyer shall be liable to Seller for the payment of any deficiency in the purchase price plus all costs and expenses, reasonable attorney's fees, commissions, incidental damages and all other charges due hereunder. Any remedies available to the Auctioneer in accordance with these Terms and Conditions of Sale are in addition to those available to the Seller pursuant to the “AS-IS” Contract for Sale and Purchase and applicable Maryland law. 17. State Laws. The respective rights and obligations of the parties with respect to the conditions of sale and the conduct of the auction shall be governed and interpreted by the laws of the state in which the auction is held. By bidding at an auction, whether present in person, or by agent, by written bid, telephone or other means, the Buyer shall be deemed to have agreed to the Terms and Conditions of Sale and have consented to the jurisdiction of the courts sitting in such state. 18. CANCELLATION. AUCTIONEER RESERVES THE RIGHT TO CANCEL, POSTPONE OR WITHDRAW THE PROPERTY BEFORE OR UP TO THE START OF THE AUCTION. THE AUCTIONEER RESERVES THE RIGHT TO OFFER THIS PROPERTY IN ANY MANNER AND RESERVES THE RIGHT TO SELL THE PROPERTY IN ANY MANNER IT SO DESIRES UP TO THE START OF THE AUCTION. AUCTIONEER OR SELLER RESERVES THE RIGHT TO ALTER, MODIFY, OR CHANGE ANY OF THE TERMS OF THIS SALE AT ITS SOLE DISCRETION BEFORE OR AT THE START OF THE AUCTION. THE AUCTION DOES NOT START UNTIL THE AUCTIONEER ACCEPTS THE FIRST BID ON THE DAY OF AUCTION. ALL ANNOUNCEMENTS MADE FROM THE AUCTION BLOCK WILL TAKE PRECEDENCE OVER ANY PREVIOUSLY PRINTED MATERIAL OR ANY OTHER ORAL STATEMENTS MADE. ABSENTEE AND PHONE BIDDING ARE AVAILABLE. FOR DETAILED INSTRUCTIONS, PLEASE CONTACT OUR OFFICES AT 1.800.332.3767. PROPERTY IS SUBJECT TO PRE-AUCTION OFFERS AND SALE.
By signing below, I have read, understood and agree to the above Terms and Conditions of Sale.
________________________________________ Signature
Date: ____________________
________________________________________ Signature
Date: ____________________
Directions from Baltimore Washington International Airport - Take I-97 S in Ferndale from Service Rd Lower Level, MD-170 N and MD-162 E/Aviation Blvd. - Follow I-97 S to MD-665 E in Parole. - Take the exit toward US-50 E/US-301 N/Annapolis/Bay Bridge from I-97 S. - Continue on MD-665 E. - Take Forest Dr, which becomes Bay Ridge Rd - Continue straight onto Thomas Point Road - Turn right onto Cherry Tree Lane; the destination will be on the right.
1234 Cherry Tree Lane Annapolis, Maryland www.DeCaroAuctions.com 1.800.332.3767
Broker Participation Invited, 2% Co-op.