AUCTION CANCELLED DUE TO BANKRUPTCY FILING - Char Mar Dairy Farm

AUCTION CANCELLED DUE TO BANKRUPTCY FILING - Commonly known as Char Mar Dairy Farm in Frederick County, Maryland, Auction Markets, LLC will be selling at foreclosure auction 369.55+/- acres in three (3) separate offerings.  The entire property consists of buildings and improvements used for a dairy farm operation along with several residential homes for the owner and staff.  The auction will be held on-site at 6319 Mountain Church Road, Jefferson, Maryland.  Please refer to the Substitute Trustee’s Sale Notice for terms and conditions of this auction. 2% buyer broker commission offered to licensed real estate agents, subject to Auction Markets, LLC registration guidelines.  

  •   Jan 26 @ 12:00PM EST (Begins)
  •   Jan 26 @ 1:00PM EST (Ends)
  •   Add to Calendar

AUCTION CANCELLED DUE TO BANKRUPTCY FILING - Commonly known as Char Mar Dairy Farm, Frederick County, Maryland, Auction Markets, LLC will be selling at foreclosure auction 369.55+/- acres in three (3) separate offerings.  This complex is a 650-cow operation with improvements needed for a dairy operation.  Subject to the terms of the Substitute Trustee’s Sale Notice, the following parcels will be offered at foreclosure auction on-site at 6319 Mountain Church Road, Jefferson, Maryland.   Please note that Fraley Auction Co. (fraleyauction.com) will be conducting a two day cattle and equipment auction on Thursday, January 18 and Friday, January 19 starting at 10:00am both days.  The real estate will be available for inspection on both days from 10:00am to 2:00pm. 2% buyer broker commission offered to licensed real estate agents, subject to Auction Markets, LLC registration guidelines. For more information about this property contact Stephanie Young, Auction Markets, LLC at 571-223-9775 and stephanie@auctionmarkets.com

 

Offering #1 -  6319 Mountain Church Road, Jefferson, Maryland - Tax Id No. 22-428918

According to a third party report, this property is a 198.96+/- acre parcel consisting of 144.36 tillable acres, 27.20 permanent pasture acres, 23.43 acres for the farmstead and 3.97 acres for roads and excess. The farm is 73% tillable with an average shelled corn yield potential of 152 bushels according to the Frederick County Soil Survey.  Zoning:  AG. This property is subject to a Conservation Easement held by the Maryland Agricultural Land Preservation Foundation of the Department of Agriculture.  No personal property assets are included in this offering. 

The improvements include (a) 1,232 SF Ranch style home with 3 Bedrooms, 2 Bathrooms, finished basement, open-fronted garage and heating/cooling provided by a heat pump, (b) 3,430 SF two-story residence with a one-story addition with 5 bedrooms, 2 bathrooms, and electric heat, (c) a 5,862 SF Block & Pole Milking Parlor/Milk House/Holding Area, inclusive of a 22 x 62 Milk House, 32 x 62 Milking Parlor and a 32 x 72 Holding Area, (d) 26,484 SF Freestall Barn with a 270-cow capacity, (e) 32,400 SF Freestall Barn with a 450-cow capacity, (f) 25,500 SF Freestall Barn with 75-cow capacity with center feeding area, (g) 9,030 SF long, narrow, open-sided Freestall Barn with 60-cow capacity with inside feed alley, (h) 5,040 SF open front Freestall Barn with 80-cow capacity (8 rows of 10 stalls), (i) 18,000 SF Loose Housing Barn with several pens with drive by feed bunk, (j) 6,520 SF Loose Housing Barn with two open-fronted sheds, connect and drive by feed bunk, (k) 2,304 SF Loose Housing Barn, open-fronted, with drive by feed bunk, (l) 1,620 SF Milking Parlor, (m) 5,410 SF Frame & Block Bank Barn consisting of an old bank barn (45 x 90) and a one-story addition (34 x 40), (n) 5,480 Calf Barn with 68-calf kennel house with open front, (o) 9,152 SF Heifer Barn with 6 smaller pens and one larger pen with drive by feed bunch with headlock gates on approximately half of the barn, (p) 6,480 SF Commodity Storage building comprised of a 36 x 40 shed and 60 x 84 shed, (q) 5,162 SF Implement Shed with several additions, including a 40 x 82 addition that is 16’ high, a 38 x 40 addition that is 8’ high and 14 x 15 small brick addition, (r) 2,516 SF Implement Shed that is open on the east and west sides, having implement storage on the west side a small area with 14 freestalls on the east side, (s) 896 SF Implement Shed, 16’ high, for machinery storage, (s) 3,100,000 SF Glass Lined Slurrystore, (t) 2,400 SF Manure Shed, open-sided shed, (u) 62,050 SF of Bunker Silos consisting of Seven (7) 10-12’ deep bunker silos - 50 x 200, 25 x 200, 35 x 230, 50 x 300, 35 x 260, 30 x 230 & 40 x 200, (v) 704 SF old stone dwelling uses a Break Room and (w) 1,700 Heifer Shed, open-sided with four pens.  

This property is occupied.  Do not disturb the occupants.  

 

Offering #2 - 6229 Mountain Church Road, Jefferson, Maryland - Tax Id No. 22-432540

According to a third party report, this property is a 152.50+/- acre parcel consisting of 133.29 tillable acres, 1.42 permanent pasture acres, 14.44 woodland acres, 3.04 acres for the farmstead and 0.31 acres of roads and excess.  The farm is 87% tillable with an average shelled corn yield potential of 153 bushels according to the Frederick County Soil Survey.  Zoning:  AG.  This property is subject to a Conservation Easement held by the Maryland Agricultural Land Preservation Foundation of the Department of Agriculture.   No personal property assets are included in this offering. 

The improvements include (a) 2,916 SF two-story home with two units, with each unit having 2 bedrooms and 1 bathroom and heated by oil hot-water, (b) 2,448 SF two-story bank barn presently used for storage, (c) 576 SF milk house used for storage, (d) 300 SF stone spring house, (e) 225 SF stone storage building and (f) 10 x 45, stave construction silo.  

This property is occupied. Do not disturb the occupants.

 

Offering #3 - 6203, 6203B, 6207 and 6125A Mountain Church Road, Jefferson, Maryland

According to a third party report, this “lifestyle farm” consists of 18.09+/- Acres combined from four (4) adjoining tax parcels (Tax Id No. 22-437801, 22-437828, 22-433601 and 22-437798) consisting of 16.91 tillable acres, 0.53 woodland acres, 0.37 acres farmstead and 0.28 acres for roads and excess.  The farm is 94% tillable with an average shelled corn yield potential of 131 bushels according to the Frederick County Soil Survey.  Zoning:  AG.  These parcels are not subject to a Conservation Easement held by the Maryland Agricultural Land Preservation Foundation of the Department of Agriculture.   No personal property assets are included in this offering. 

 

The improvements include 1,904 SF two-story home with 3 bedrooms, 1.5 bathrooms, oil-fired heat and hot-water heat.

 

This property is occupied.  Do not disturb the occupants. 

 

Directions:  The subject property is located approximately one (1) mile north of Burkittsville, Maryland.  See Google for directions.  

 

Open House Dates:

Thursday, January 18, 2018 from 10:00am to 2:00pm

Friday, January 19, 2018 from 10:00am to 2:00pm

Friday, January 26, 2018 from 10:00am to 12:00pm

Or by appointment

Location

This property is being sold at foreclosure auction.  Please refer to the Substitute Trustee’s Notice of Sale for complete terms and conditions.  For more information about this property, please visit www.RealtyMarkets.com or contact Stephanie Young, Auction Markets, LLC at 571-223-9775 and stephanie@auctionmarkets.com. 

 

 

 

SUBSTITUTE TRUSTEES’ SALE

Char Mar Dairy Farm 369.55 Acres +/- in Three Separate Offerings

6319, 6229, 6203, 6203B, 6207 and 6125A Mountain Church Road JEFFERSON, MARYLAND 21755

Sale will be held at

6319 Mountain Church Road, Jefferson, Maryland

Under the power of sale contained in an Indemnity Deed of Trust dated January 5, 2015 and recorded in the Land Records of Frederick County, Maryland at Book 10375, page 481 (the "Deed of Trust"), the Substitute Trustees will offer for sale at public auction at 6319 Mountain Church Road, Jefferson, Maryland 21755 on

FRIDAY, JANUARY 26, 2018 AT 12:00 P.M.

ALL THAT real property in Frederick County, Maryland consisting of six parcels described as follows (hereafter the "Property"):

Parcel 1 – 6319 Mountain Church Road, Jefferson, Maryland (Tax I.D. #22-428918)

All that tract or parcel of land situate, lying and being in the Burkittsville District of Frederick County, State of Maryland being more particularly described in a Deed dated May 15, 2002 from Charles J. Brandenburg and Mary Margaret Brandenburg, his wife, to The Brandenburg Family Limited Partnership and recorded among the land records of Frederick County, Maryland at Book 3175, page 472. The improvements thereon being known as 6319 Mountain Church Road (Tax I.D. #22-428918).

Parcel 2 – 6229 Mountain Church Road, Jefferson, Maryland (Tax I.D. #22-432540)

All that tract or parcel of land situate, lying and being in the Burkittsville District of Frederick County, State of Maryland, along the public road leading from Burkittsville to Markers Corner, said to contain 152 acres and 39 1/2 square perches of land, more or less, formerly known as the "Julia Shafer Farm" and being more particularly described in a Deed dated May 15, 2002 from Charles J. Brandenburg and Mary Margaret Brandenburg, his wife, to The Brandenburg Family Limited Partnership and recorded among the land records of Frederick County, Maryland at Book 3175, page 478. The improvements thereon being known as 6229 Mountain Church Road (Tax I.D. #22-432540).

Parcel 3 – 6207 Mountain Church Road, Jefferson, Maryland (Tax I.D. 22-433601)

Being known and designated as "11.809 Acres Remaining" as shown on plat entitled "Combined Preliminary/Final Plat, Section 1 - Lots 1 and 2, Char-Mar Farm" which said plat is recorded among the Plat Records of Frederick County, Maryland in Plat Book 82 at page 144. SAVING AND EXCEPTING THEREFROM, however, Lots Nos. 4 and 5 as shown on the "Combined Preliminary/Final & Addition Plat, Section 1 - Lots 4 and 5, Char-Mar Farm" recorded among the Plat Records of Frederick County, Maryland in Plat Book 83 at page 52. The improvements thereon being known as 6207 Mountain Church Road (Tax I.D. #22-433601).

Parcel 4 – 6203B Mountain Church Road, Jefferson, Maryland (Tax I.D. #22-437828)

Being known and designated as Lot No. 5 as shown on plat entitled "Combined Preliminary/Final & Addition Plat, Section 1 - Lots 4 and 5, Char-Mar Farm" which said plat is recorded among the Plat Records of Frederick County, Maryland in Plat Book 83 at page 52. The improvements thereon being known as 6203B Mountain Church Road (Tax I.D. #22-437828).

Parcel 5 – 6203 Mountain Church Road, Jefferson, Maryland (Tax I.D. #22-437801)

Being known and designated as Lot No. 4 as shown on plat entitled "Combined Preliminary/Final & Addition Plat, Section 1 - Lots 4 and 5, Char-Mar Farm" which said plat is recorded among the Plat Records of Frederick County, Maryland in Plat Book 83 at page 52. The improvements thereon being known as 6203 Mountain Church Road (Tax I.D. #22-437801)

Parcel 6 – 6125A Mountain Church Road, Jefferson, Maryland (Tax I.D. #22-437798)

Being known and designated as Lot No. 2 as shown on plat entitled "Combined Preliminary/Final Plat, Section 1 - Lots 1 and 2, Char-Mar Farm" which said plat is recorded among the Plat Records of Frederick County, Maryland in Plat Book 82 at page 144. The improvements thereon being known as 6125A Mountain Church Road (Tax I.D. #22-437798).

TERMS OF SALE: This advertisement, as amended or supplemented by any oral announcements during the sale, constitutes the entire terms upon which the Property shall be offered for sale, sold or purchased. The Property will be sold subject to (i) all conditions, liens, easements, conservation easements, restrictions, rights of redemption, covenants, encumbrances and agreements of record that take priority over the Deed of Trust; and (ii) such state of facts that an accurate survey or physical inspection of the Property might disclose.

The Property will be sold in three (3) separate offerings as follows:

Offering 1: Parcel 1 (6319 Mountain Church Road, Jefferson, Maryland 21755)

Offering 2: Parcel 2 (6229 Mountain Church Road, Jefferson, Maryland 21755)

Offering 3: Parcels 3-6 (6203, 6203B, 6207 and 6125A Mountain Church Road, Jefferson, Maryland 21755)

Notwithstanding the foregoing, the Substitute Trustees reserve the right to offer the Property separately with bids held in reserve or offered collectively with the bid held in reserve. The manner of the offering of the Property shall be announced at the time of sale, and the Substitute Trustees shall have the right to accept the bid or combination of bids yielding the highest aggregate price for the Property.

With respect to each offering, the following deposits shall be required at the time and place of sale, payable by cashier's check drawn on a bank acceptable to the Substitute Trustees, in their discretion: (i) Fifty Thousand Dollars ($50,000.00) for Offering 1; (ii) Fifty Thousand Dollars ($50,000.00) for Offering 2; and (iii) Twenty Five Thousand Dollars ($25,000.00) for Offering 3. The deposits will not earn interest in the hands of the Substitute Trustees. The deposits must be increased to 10% of the purchase price within two (2) business days following the sale, in the form of a certified check or cashier's check, by delivery to the Substitute Trustees. The purchaser shall pay the balance due in cash, certified check or cashier's check within twenty (20) days following entry of an order ratifying the sale by the Circuit Court for Frederick County, Maryland, unless the Substitute Trustees, their successors and assigns, extend such period, at their discretion. The purchaser shall pay interest on the unpaid purchase money at 4.6% per annum from date of sale to date of settlement. The party secured by the Deed of Trust (the "Secured Party") or any affiliate or subsidiary thereof, or an entity under common control with the Secured Party, if a bidder, shall not be required to post a deposit or to pay interest on the unpaid purchase money. The purchaser of the Property shall be responsible for all unpaid real property taxes due with respect to the Property, and all amounts due in connection therewith, including without limitation, all arrearages, interest and penalties, and all costs and expenses necessary to redeem the Property from tax sale, if applicable. There shall be no adjustment for taxes assessed with respect to the Property. All water and sewer charges, and all other public charges and assessments against the Property payable on an annual basis, including sanitary and/or metropolitan district charges, if any, shall be the responsibility of the purchaser, and there shall be no adjustment therefor. The purchaser shall pay all closing costs of the sale, including recordation, sales, transfer and agricultural land transfer taxes. All obligations of the purchaser hereunder shall survive closing and delivery of the deed. The purchaser (other than the Secured Party) shall sign a contract including this advertisement and other terms. Time is of the essence.

The purchaser shall deliver to the Substitute Trustees, within two (2) business days following the sale, an insurance certificate confirming that the purchaser has obtained casualty and liability insurance coverage on the Property, naming the Substitute Trustees and the Secured Party as additional insured parties on the policy, and otherwise in form and content acceptable to the Substitute Trustees. The failure of the purchaser to provide such evidence of insurance coverage shall constitute grounds for nullifying and voiding the sale. The Substitute Trustees reserve the right to require registration and/or pre-qualification of bidders, to modify or waive the requirements for bidders' deposits, to approve the creditworthiness of any bidder and final purchaser, to withdraw the Property from sale before acceptance of a final bid, to cancel the sale, to use an agent or attorney to conduct the sale, to reject any and all bids or to postpone the sale and keep the bidding open for any length of time.

The Property will be sold in "AS IS" condition and without any recourse, representations or warranties, either express or implied, as to its nature, condition or description. Neither the Substitute Trustees, the Auctioneer nor the Secured Party make any warranty or representation of any kind or nature, express or implied, with respect to: (i) the physical condition of, the description of, or title to the Property; or (ii) the zoning, subdivision or use of the Property. The purchaser of the Property at the foreclosure sale shall be responsible for any code violations (and resulting fines) occurring on or about the Property, whether or not official notices thereof are issued, and for the risk of loss to the Property from and after the time of sale. Neither the Substitute Trustees, the Auctioneer nor the Secured Party make any representation or assurance of any kind or nature, express or implied, with respect to the purchaser's ability to obtain possession of the Property, and the purchaser shall be solely responsible for obtaining possession of the Property. If the purchaser defaults, the Substitute Trustees shall be entitled to retain the deposit as liquidated damages. If the Property is resold following a default by the purchaser, the purchaser shall not be entitled to any surplus proceeds resulting from the resale of the Property, even if such surplus resulted from improvements to the Property made by or on behalf of the defaulting purchaser.

If the Substitute Trustees are unable to convey the Property by reason of any defect in the title or otherwise, the sole remedy of the purchaser of the Property at law or in equity shall be the refund of the deposit. Upon refund of the deposit to the purchaser, the sale shall be void and of no effect, and the purchaser shall have no further claims against the Substitute Trustees or the Secured Party. The conveyance by the Substitute Trustees to the purchaser at settlement shall be by Substitute Trustees’ Deed, without covenant or warranty.

The purchaser is responsible for, and the Property is sold subject to, any environmental matter or condition, whether latent or observable, that may exist at or affect or relate to the Property and to any governmental requirements affecting same. The purchaser of the Property waives, on its behalf and on behalf of its heirs, personal representatives, successors and assigns, any claims under all present and future environmental laws including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended.

NOTE: The information contained herein was obtained from sources deemed to be reliable, but is offered for informational purposes only. The Substitute Trustees, the Auctioneer and the Secured Party do not make any representations or warranties with respect to the accuracy of such information. For additional information, please contact David S. Musgrave, Esquire, 233 East Redwood Street, Baltimore Maryland 21202, 410-576-4194 or Stephen Karbelk, Auction Markets, LLC, 571-481-1037 or stephen@auctionmarkets.com.

 

 

             5814272.2 42372/132162 12/28/2017