Zeb B. Barfield Inc.

Professional Auction Sales

Law Offices

GOOZMAN, BERNSTEIN & MARKUSKI

9101 Cherry Lane, Suite 207

Laurel, Maryland 20708

(301) 953-7480

(410) 792-0075

TRUSTEE'S & SECURED CREDITOR’S SALE

Case No. 23-C-080533

Of Improved Real Property

located at 3431 Slim Chance Lane

Salisbury, Maryland 21802

And Related Personal Property

Under and by virtue of a Power Of Sale contained in a certain Deed Of Trust from John A. Townsend and Tonya L. Townsend to E. Philip Whitman and Lloyd R. Webb, Trustees dated the 4th day of January, 2002, and duly recorded among the Land Records of Worcester County, Maryland, in Liber 3218, at Folio 586, docketed for foreclosure in Civil No. 23-C-080533, 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 in front of the Circuit Court for Worcester County, Maryland, 1 W. Market Street, Snow Hill, Maryland 21863, on

Monday, May 5, 2008

at 1:00 p.m.

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

All that lot or parcel of land commonly known and referred to as a part of the Davis Farm, lying and being situated in the Seventh Election District of Worcester County, Maryland, and being more particularly described as follows:  BEGINNING for the same at an oak tree, same being designated by the Letter “A” on plat hereinafter referred to, said beginning being at the intersection of the lands of the E. S. Adkins Company, Inc., the land owned by Somerset Lumber Company and the land hereby conveyed, and running thence the following courses and distances:  South 55 degrees 00 minutes East a distance of 535 feet; thence South 45 degrees 30 minutes East a distance of 153 feet; thence South 62 degrees 50 minutes East a distance of 373 feet; thence South 49 degrees 00 minutes East a distance of 483 feet; thence South 33 degrees East a distance of 136 feet; thence South 86 degrees East a distance of 143 feet to a maple tree; thence South 19 degrees 20 minutes West a distance of 225 feet; thence North 58 degrees 30 minutes East a distance of 524 feet; thence North 46 degrees 45 minutes East a distance of 310 feet to a gum tree; thence North 42 degrees 15 minutes West a distance of 233 feet; thence South 64 degrees East a distance of 157 feet; thence North 87 degrees East a distance of 200 feet to a marked gum tree; thence North 19 degrees West a distance of 100 feet to a gum tree; thence North 44 degrees 30 minutes West a distance of 546 feet; thence North 70 degrees 00 minutes West a distance of 394 feet; thence North 14 degrees East a distance of 268 feet; thence North 10 degrees West a distance of 122 feet; thence North 16 degrees East a distance of 132 feet to the center run of Tilghman’s Mill Creek Branch; thence by and with the run of said Tilghman’s Mill creek Branch in a northwesterly direction to the land of Herman Hodgson; thence in a straight line South 33 degrees 00 minutes West a distance of 1200 feet to the place of beginning, containing 61.5 acres of land, more or less, and being the same land as laid down and shown on plat of “Part of Davis Farm” and recorded among the Land Records for Worcester County, Maryland in Plot Book E.W.R. No. 2, Folio 25; TOGETHER with the rights in and to the present existing roads.

          Said property is improved by a poultry house and dwelling.

Pursuant to Commercial Law Article 9-604(a)(2) of the Maryland Code, and the Security Agreement granted to the holder of the indebtedness secured by the Deed Of Trust, the sale shall include all machinery and equipment located in or used in connection with the poultry house situated on the property, specifically including, but not limited to, all feed storage tanks, feed handling equipment and feeders, all water handling systems and waterers, all ventilation and heating equipment, and all motors, alternators, regulators and timers, alarm systems, electric service boxes, and generators.

 The property will be sold 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, in "AS-IS" condition, without any express or implied warranty as to suitability, quality, condition or description, including any contained herein.

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 6.70% per annum from the date of sale to the date of settlement.  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. 

Adjustment of all taxes, public charges and special or regular assessments, annual front foot benefit charges and deferred connection fees, homeowner's association fees, and condominium association fees, if any, made as of the date of sale and thereafter assumed by the purchaser.  Title examination, conveyancing, transfer taxes, recordation tax and all other costs incident to 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 within ten (10) days after final ratification of the sale unless said time is extended by the undersigned Trustees in their sole 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. 

The Trustees 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 Trustee's liability is limited, at its sole discretion, to return any deposit, thereby rescinding the sale, and there is no other right or remedy against the Trustees at law or in equity.

Martin L. Goozman and

Jeffrey W. Bernstein

Substitute Trustees

All that certain tract or parcel of land lying and being situate in the Seventh Election District of Worcester County, on the Northwesterly side of the County road (known as "River Road") leading from Snow Hill to Pocomoke City (said road being located on the Northwesterly side of the Pocomoke River and generally running parallel with said Pocomoke River); which is more particularly described with reference to a plat entitled "Property Surveyed for Mr. and Mrs. Ralph G. Bowden, Jr.", made by John F. Davis, Property Line Surveyor, from a survey made by him on October 18, 1972, with magnetic bearings that said date, which said plat is attached to and recorded with a deed to Ralph G. Bowden, Jr. and wife, from Randolph F. Wilkerson and wife, dated November 16, 1972, and recorded among the Worcester County Land Records in Liber F.W.H. No. 373, folios 597, et seq., as follows: BEGINNING at a concrete monument being 20 inches distance from a 14 inch gum, and from thence North 33 degrees 30

minutes West, 1317.18 feet to a concrete monument set by the said John F. Davis, said concrete monument being 26.6 feet distant from a concrete monument by the said John F. Davis; thence North 56 degrees 00 minutes East, 1101.43 feet to another concrete monument, the same having been set by the said John F. Davis on the northeast side of a 6" by 6" locust post found by him; thence South 34 degrees 20 minutes East, 1261.95 feet by a pump point found on the northwesterly side of the aforesaid River Road; thence running by and with said River Road, South 53 degrees 11 minutes West, 1121.49 feet to the place of beginning, containing 32.88 acres of land, more or less.

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