SUBSTITUTE TRUSTEES’ SALE
PUBLIC AUCTION AT THE FRONT OF THE COURTHOUSE
FOR WASHINGTON COUNTY,
95 WEST WASHINGTON STREET,
HAGERSTOWN, MARYLAND
ON TUESDAY, NOVEMBER 24, 2009 AT 3:00 P.M.

Substitute Trustees’ sale of valuable real property known as 3529 National Pike, Hancock, Maryland 21750. By virtue of the power of sale contained in a Refinance Deed of Trust from Ricky D. Mellott to the Citizens National Bank of Berkeley Springs, now known as CNB Bank, Inc., dated April 24, 2006 and recorded in Liber 2990, Folio 0036 among the land records of Washington County, Maryland, in the original amount of $85,000.00 with an initial interest rate of 10.000%. The undersigned Substitute Trustees will offer for sale at a public auction at the front of the Courthouse for Washington County, 95 West Washington Street, Hagerstown, Maryland on Tuesday, November 24, 2009 at 3:00 p.m., all that property described in said Refinance Deed of Trust as follows:

All of the following parcel of land situate along the southwest side of relocated U.S. Route 40 approximately 0.7 miles northwest from Woodmont Road, in Election District No. 5, Washington County, Maryland, together with the improvements thereon and all rights and appurtenances thereunto belonging or in anywise appertaining, such parcel of land being more commonly known as 3529 National Pike, Hancock, Maryland 21750 and being more particularly described as:

Beginning at an iron pin on the southwest marginal line of said highway, said pin being at the easternmost corner of the parcel of land conveyed by Maurice C. Landers and Helen Lee Landers, his wife, to Robert F. Unger and wife by deed dated June 15, 1955, and recorded in Liber 298, folio 454, said pin also being the beginning of the deed from the said Maurice C. Landers and wife to Lester G. Mellott and wife, by deed dated October 14, 1957, and recorded in Liber 328, folio 680, two of the land records of Washington County, Maryland, and running thence along said southwest marginal line with the first line of the last mentioned deed south 57º 41’ east 795.0 feet to a stake, thence leaving the highway and running back therefrom with part of the second line of said deed south 23º 08’ west 38.0 feet to a stake, thence leaving the lines of said deed and running north 75º 44’ west 672.10 feet to a stake, thence north 4º 21’ west 71.0 feet to a stake, thence north 59º 08’ west 228.98 feet to a stake in the eighth line of said last mentioned deed, thence with the remainder of said line north 30º 44’ east 75.0 feet to an iron pin at the westernmost corner of the aforementioned parcel of land conveyed to Robert F. Unger and wife, thence binding on said land south 57º 41’ east 120.0 feet to an iron pin, and north 28º 10’ east 120.0 feet to the place of beginning; containing 3.0 acres of land, more or less.

Being the same property conveyed unto Ricky D. Mellott, Sr., by Ricky D. Mellott, Sr. and Darlene K. Mellott, his wife, by deed dated October 20, 2001 and recorded among the land records of Washington County, Maryland in Liber 1716, folio 576.

Said property is in fee simple, is improved by a mobile home dwelling, and is sold in “as is condition” and the purchaser will assume the risk of loss or damage after the time of the foreclosure sale. No warranties, representations, or guarantees of any kind whether express or implied are made by the Substitute Trustees or CNB Bank, Inc. as to the property which is the subject of this sale including but not limited to matters of description, fitness for a particular purpose, matters of survey or title, square footage, matters of access, tenancies or parties in possession, habitability, zoning, subdivision, or compliance with building or other codes, whether pertaining to federal, state or local laws. The purchaser shall be responsible for obtaining physical possession of the property after settlement. The property is sold and shall be conveyed to the purchaser together with and subject to any and all conditions, restrictions, easements, agreements, and limitations, both of record and those not of record, as well as such state of facts that an accurate survey or physical inspection of the property might disclose. No rent or income from the property, if any, shall be collected, adjusted, or credited in any fashion by the Substitute Trustees or CNB Bank, Inc. The Substitute Trustees reserve the right to reject any and all bids and to withdraw the property from the sale at any time as circumstances warrant in their sole and absolute discretion, whether bids have been made or not. The Substitute Trustees reserve the right by announcement at the sale to vary, modify, alter, or qualify any conditions of this sale advertisement.

TERMS OF SALE: A deposit of $10,000.00 cash or certified funds shall be required at the time of sale. The balance of the purchase price with interest at 10.00% per annum from the date of sale to the date of payment will be paid within TEN DAYS after the final ratification of the sale, except in the event CNB Bank, Inc. shall acquire the property, in which event interest shall not accrue and a cash deposit shall not be required. Adjustments on all taxes, public charges and special or regular assessments will be made as of the date of sale and thereafter assumed by purchaser. Title examination, conveyancing, documentary stamps, state and local transfer taxes, title insurance, and all other costs incident to settlement are to be paid by the purchaser. Time is of the essence for the purchaser. If the purchaser shall not settle within ten days from the date of ratification of the sale, the deposit of the purchaser may be forfeited, the property resold at the risk and the cost of the defaulting purchaser, and any other appropriate remedy may be utilized in the sole and absolute discretion of CNB Bank, Inc. If the sale is not ratified or if the Substitute Trustees are unable to convey marketable title in accord with these terms of sale, the purchaser’s only remedy is the return of the deposit.