SUBSTITUTE TRUSTEES' SALE

OF REAL PROPERTY

COMPRISING AN 83 UNIT GARDEN APARTMENT COMPLEX

(TWO BUILDINGS ON THREE PARCELS)

4069-4089 MINNESOTA AVENUE N.E.

WASHINGTON DC 20019

LOT 0031 sQUARE 5080, lOT 0809 sQUARE 5080 AND LOT 0091 sQUARE par 0176

In execution of the power of sale contained in a Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (“Deed of Trust”) dated March 29, 2024, and recorded on April 5, 2024, as Instrument No. 2024031848 with the District of Columbia Recorder of Deeds (the “Recorder of Deeds”), in the original principal amount of $15,500,000, which Deed of Trust also constitutes a security agreement and creates a security interest in all the fixtures and personal property described in the Deed of Trust, defaults having occurred under the Deed of Trust and in the payment of the debts secured thereby, and being instructed to do so by holder of the promissory note (“Note”) secured thereby (the “Noteholder”), and following mailing on January 23, 2025 of a Notice of Foreclosure Sale of Real Property or Condominium Unit, which was recorded with the Recorder of Deeds on January 23, 2025 as Instrument No. 2025008120, and the recordation with the Recorder of Deeds of a Deed of Appointment of Substitute Trustees as Instrument No. 2025008133, and an Affidavit of Non-residential Mortgage Foreclosure as Instrument No. 2025008118, the undersigned Substitute Trustees, any of whom may act, will on February 27, 2025, at 11:00 a.m., offer for sale at public auction the real and personal property described below. The auction sale will be held within the offices of Harvey West Auctioneers, LLC, located at 5335 Wisconsin Avenue, NW, Suite 440, Washington, D.C. 20015.

The real property being sold includes the land and all buildings, structures, and other improvements thereon (if any), and all leases, rents, issues and profits, and other appurtenant rights associated with the ownership of the land (if any), described as follows:

All that certain lot or parcel of land together with all improvements thereon located and being in the City of Washington in the District of Columbia and being more particularly described as follows:

Lot 31, in Square 5080, in a subdivision made by A.D. Loffier, Trustee, as per plat recorded in Liber No. 72 at Folio 24 among the Records of the Office of the Surveyor for the District of Columbia.

Together with and including the southerly half of the abandoned Edson Place, N.E., as shown on a plat of subdivision recorded in the Office of the Surveyor of the District of Columbia in Plat Book 195 at Page No. 166, containing 1,272 square feet or 0.029 acres of land, more or less, and assessed as Lot 809 in Square 5080.

At the date hereof the above described land is designated on the Records of the Assessor of the District of Columbia for assessment and taxation purposes as Lot 31 in Square 5080.

AND

Parcel 176/91, being part of a tract of land called the "Beall's Adventure", described in accordance with a plat of survey recorded in Survey Book 100 at page 427 among the Records of the Office of the Surveyor of the District of Columbia as follows:

BEGINNING for the same at the intersection of the Easterly line of Minnesota Avenue with the North line of Edson Place and running with the line of Minnesota Avenue the following two courses and distances: (1) North 39 degrees 57 minutes East 38.55 feet; (2) North 29 degrees 07 minutes East 122.05 feet; thence leaving said Minnesota Avenue and running South 81 degrees 31 minutes 30 seconds East 401.30 feet to the westerly line of the land conveyed to the United States of America by Deed recorded in Liber 6446 at Folio 116; thence with said Westerly line South 70 degrees 49 minutes West 316.01 feet; thence North 81 degrees 41 minutes West 184.55 feet to the place of Beginning.

At the date hereof the above described land is designated on the Records of the Assessor of the District of Columbia for assessment and taxation purposes as Lot 91 in Square Parcel 176.

Together with and including the northerly half of the abandoned Edson Place, N.E., as shown on a plat of subdivision recorded in the Office of the Surveyor of the District of Columbia in Plat Book 195 at Page No. 168, containing 1,247 square feet or 0.028 acres of land, more or less, and assessed as Lot 809 in Square 5080.

Only the personal property subject to the operation and effect of the Deed of Trust and actually located at the real property at the time of sale will be sold and conveyed. The Substitute Trustees make no representation or warranty as to the identity of such personal property, nor will the Substitute Trustees deliver possession of any such personal property, it being the responsibility of thepurchaser to identify and obtain possession of such personal property. The real and personal property are hereinafter referred to as the “Property”.

To qualify as a bidder a deposit of $500,000.00, by certified or cashier's check, must be displayed to the Substitute Trustees prior to the commencement of the sale by each bidder other than the Noteholder, servicer acting on the Noteholder’s behalf, or any subsidiary or affiliate of the Noteholder (each a “Lender Affiliated Party”). Within two (2) business days of the sale, the purchaser shall increase the deposit to 10% of the purchase price. The deposit, without interest, will be applied to the purchase price at closing. Any Lender Affiliated Party may apply the outstanding amount of the debt under the Note as a credit to its bid.

Immediately after the strike down of the bid, the purchaser shall be required to sign and deliver to the Substitute Trustees a contract of sale expanding upon the terms of this notice and incorporating verbal announcements, if any. Prior to the sale, the Substitute Trustees will make available for prospective bidders upon request a copy of the contract of sale.

The Property shall be sold in its “AS IS, WHERE IS” condition and without recourse, warranty, express or implied, as to the nature, condition or description of the Property, equipment, fixtures, or improvements.

Conveyance of the Property shall be by trustees’ deed and quitclaim bill of sale without warranty, and shall be subject to all recorded and unrecorded liens, encumbrances, security interests, easements, conditions, reservations, covenants, restrictions, leases, occupancy agreements, rights of way, rights of redemption of federal lienholders, encumbrances, and mechanics and materialmen’s liens, all whether of record or not of record and to the extent any of the foregoing may lawfully apply to the Property being sold or any part thereof, and take priority over the liens and security interests of the Deed of Trust. The Property is sold subject to such state of facts that an accurate survey or physical inspection might disclose. The Property will be sold subject to the rights of any person(s) in possession of any or all of the Property as tenants under any recorded or unrecorded leases, if any.

Purchaser will take title to the Property subject to all taxes, public charges, assessments, water and sewer charges, and other utility charges, if any, and subject to all expenses of the Property.

Neither the Substitute Trustees nor any Lender Affiliated Party, nor their respective agents, successors or assigns make any representations or warranties, either expressed or implied with respect to the Property including, without limitation, recorded or unrecorded leases or other occupancy agreements, if any, operating and management agreements, if any, or use, physical conditions, structural integrity, construction, workmanship, habitability, zoning, subdivision, fitness for a particular purpose or merchantability, or compliance with building codes, environmental ordinances or regulations or similar matters. The purchaser recognizes and agrees that any investigation, examination, or inspection of the Property being sold is within the control of the owner or other parties in possession and their agents and not within the control of the Substitute Trustees, or their successors or assigns, or any Lender Affiliated Party.

Without limiting the generality of the foregoing, the Property will be sold without representation or warranty as to the environmental condition of the Property or the compliance of the Property with federal, state, or local laws and regulations concerning the purchase or disposal of hazardous substances. Acceptance of the deed to the Property shall constitute a waiver of any claims against  the Substitute Trustees or any of the Lender Affiliated Parties (collectively, “Releasees”), concerning the environmental condition of the Property including, but not limited to, claims arising under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, and/or state or local law, ordinances or regulations. The purchaser waives any cause of action it may have against the  Releasees for any condition of the Property that may not comply with any federal, state or local law, regulation or ruling including, without limitation, any laws, regulations and rulings relating to environmental contamination or hazardous wastes. Such agreement also shall provide that if, notwithstanding such agreement, a court of competent jurisdiction should permit such a claim to be made against  any Releasees, such agreement shall serve as the overwhelming primary factor in any equitable apportionment of response costs or other liability. Nothing in this paragraph shall release, waive or preclude any claims the purchaser may have against any  other  person  with respect to  the  Property.     

Purchaser assumes the risk of loss or damage to the Property from the strike down of the bid forward. Purchaser shall be responsible for obtaining physical possession of the Property.

Purchaser shall settle on or before forty-five (45) days after the sale.

TIME SHALL BE OF THE ESSENCE. The balance of the purchase price of the Property over and

above the bidding deposit will be due at settlement by cashiers or certified check or by immediately available wire funds. Purchaser shall be responsible for payment of all settlement costs including, but not limited to, deed preparation and all recordation taxes and charges, settlement fees, title insurance premiums, and all other costs incident to settlement.

All rents, without pro-ration for the current month, collected to the day prior to closing shall remain the property of the Noteholder or, if applicable, any appointed receiver managing the Property. All rents, without proration for the current month, and any delinquent rents, collected on and after the day of closing shall be the property of the purchaser. Purchaser will have the right to be substituted, at purchaser’s cost, as the plaintiff in any litigation cases against tenants and purchaser may pursue such litigation at its cost and retain any monetary awards from such cases. Utilities associated with the Property shall be adjusted at closing, with the meters read the day prior to closing. All other costs associated with the Property, current and past due, if any, shall be the responsibility of the purchaser with no proration.

If the successful bidder fails to complete settlement, the deposit shall be forfeited and applied to the costs of the sale, including trustees’ fees, and the balance, if any, shall be delivered to the Noteholder to be applied against all amounts owed it under the note and Deed of Trust. There shall be no refunds. The Property shall be resold at the risk and the cost of the defaulting bidder. Such forfeiture shall not limit any rights or remedies of the Substitute Trustees or the Noteholder with respect to any such default, and the defaulting purchaser shall be liable for all costs of re-sale of the Property (including attorneys’ fees of the Noteholder and the Substitute Trustees), plus any amount by which the ultimate sale price for the Property is less than the defaulting purchaser’s bid. After any such default and forfeiture, the Property may, at the discretion of the Substitute Trustees, be conveyed to the next highest bidder of the Property whose bid was acceptable to the Substitute Trustees. The defaulting purchaser shall not be entitled to any surplus proceeds or profits resulting from any resale of the Property.

If the Substitute Trustees are unable to convey title as required herein, purchaser’s sole remedy at law and in equity shall be limited to a refund of the deposit and the sale shall be considered null and void and of no effect whatsoever.

The Substitute Trustees reserve the right, in their sole discretion, to reject any and all bids, to withdraw all or part of the Property from sale at any time before or at the auction, to modify the requirement for bidders’ deposits, to extend the time to receive bids, to waive or modify the deposit

requirement, to amend or supplement the terms of the sale by verbal announcement made by the Substitute Trustees at the sale, to recess the sale, to conduct other sales as the Substitute Trustees may determine in their discretion, and/or to extend the period of time for settlement.

Immediately upon conveyance and assignment by the Substitute Trustees of the Property to the purchaser or purchasers at foreclosure, all duties, liabilities and obligations of the Substitute Trustees, if any, with respect to the Property shall be extinguished.

Substitute Trustees:

Andrea Campbell Davison

Blake W. Frieman

Jennifer O. Schiffer

For Information contact:

Andrea Campbell Davison

Bean Kinney & Korman PC

2311 Wilson Blvd, Suite 500

Arlington, Virginia 22201

703-525-4000

Auctioneer:

Harvey West Auctioneers LLC

5335 Wisconsin Avenue NW, Suite 440

Washington, DC 20015

202-463-4567

Ad to appear in the Washington Post - February 6, 10, 12, 14 and 17, 2025

SUBSTITUTE TRUSTEES' SALE

OF REAL PROPERTY

COMPRISING AN 83 UNIT GARDEN APARTMENT COMPLEX

(TWO BUILDINGS ON THREE PARCELS)

4069-4089 MINNESOTA AVENUE N.E.

WASHINGTON DC 20019

LOT 0031 sQUARE 5080, lOT 0809 sQUARE 5080 AND LOT 0091 sQUARE par 0176

In execution of the power of sale contained in a Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (“Deed of Trust”) dated March 29, 2024, and recorded on April 5, 2024, as Instrument No. 2024031848 with the District of Columbia Recorder of Deeds (the “Recorder of Deeds”), in the original principal amount of $15,500,000, which Deed of Trust also constitutes a security agreement and creates a security interest in all the fixtures and personal property described in the Deed of Trust, defaults having occurred under the Deed of Trust and in the payment of the debts secured thereby, and being instructed to do so by holder of the promissory note (“Note”) secured thereby (the “Noteholder”), and following mailing on January 23, 2025 of a Notice of Foreclosure Sale of Real Property or Condominium Unit, which was recorded with the Recorder of Deeds on January 23, 2025 as Instrument No. 2025008120, and the recordation with the Recorder of Deeds of a Deed of Appointment of Substitute Trustees as Instrument No. 2025008133, and an Affidavit of Non-residential Mortgage Foreclosure as Instrument No. 2025008118, the undersigned Substitute Trustees, any of whom may act, will on February 27, 2025, at 11:00 a.m., offer for sale at public auction the real and personal property described below. The auction sale will be held within the offices of Harvey West Auctioneers, LLC, located at 5335 Wisconsin Avenue, NW, Suite 440, Washington, D.C. 20015.

The real property being sold includes the land and all buildings, structures, and other improvements thereon (if any), and all leases, rents, issues and profits, and other appurtenant rights associated with the ownership of the land (if any), described as follows:

All that certain lot or parcel of land together with all improvements thereon located and being in the City of Washington in the District of Columbia and being more particularly described as follows:

Lot 31, in Square 5080, in a subdivision made by A.D. Loffier, Trustee, as per plat recorded in Liber No. 72 at Folio 24 among the Records of the Office of the Surveyor for the District of Columbia.

Together with and including the southerly half of the abandoned Edson Place, N.E., as shown on a plat of subdivision recorded in the Office of the Surveyor of the District of Columbia in Plat Book 195 at Page No. 166, containing 1,272 square feet or 0.029 acres of land, more or less, and assessed as Lot 809 in Square 5080.

At the date hereof the above described land is designated on the Records of the Assessor of the District of Columbia for assessment and taxation purposes as Lot 31 in Square 5080.

AND

Parcel 176/91, being part of a tract of land called the "Beall's Adventure", described in accordance with a plat of survey recorded in Survey Book 100 at page 427 among the Records of the Office of the Surveyor of the District of Columbia as follows:

BEGINNING for the same at the intersection of the Easterly line of Minnesota Avenue with the North line of Edson Place and running with the line of Minnesota Avenue the following two courses and distances: (1) North 39 degrees 57 minutes East 38.55 feet; (2) North 29 degrees 07 minutes East 122.05 feet; thence leaving said Minnesota Avenue and running South 81 degrees 31 minutes 30 seconds East 401.30 feet to the westerly line of the land conveyed to the United States of America by Deed recorded in Liber 6446 at Folio 116; thence with said Westerly line South 70 degrees 49 minutes West 316.01 feet; thence North 81 degrees 41 minutes West 184.55 feet to the place of Beginning.

At the date hereof the above described land is designated on the Records of the Assessor of the District of Columbia for assessment and taxation purposes as Lot 91 in Square Parcel 176.

Together with and including the northerly half of the abandoned Edson Place, N.E., as shown on a plat of subdivision recorded in the Office of the Surveyor of the District of Columbia in Plat Book 195 at Page No. 168, containing 1,247 square feet or 0.028 acres of land, more or less, and assessed as Lot 809 in Square 5080.

Only the personal property subject to the operation and effect of the Deed of Trust and actually located at the real property at the time of sale will be sold and conveyed. The Substitute Trustees make no representation or warranty as to the identity of such personal property, nor will the Substitute Trustees deliver possession of any such personal property, it being the responsibility of thepurchaser to identify and obtain possession of such personal property. The real and personal property are hereinafter referred to as the “Property”.

To qualify as a bidder a deposit of $500,000.00, by certified or cashier's check, must be displayed to the Substitute Trustees prior to the commencement of the sale by each bidder other than the Noteholder, servicer acting on the Noteholder’s behalf, or any subsidiary or affiliate of the Noteholder (each a “Lender Affiliated Party”). Within two (2) business days of the sale, the purchaser shall increase the deposit to 10% of the purchase price. The deposit, without interest, will be applied to the purchase price at closing. Any Lender Affiliated Party may apply the outstanding amount of the debt under the Note as a credit to its bid.

Immediately after the strike down of the bid, the purchaser shall be required to sign and deliver to the Substitute Trustees a contract of sale expanding upon the terms of this notice and incorporating verbal announcements, if any. Prior to the sale, the Substitute Trustees will make available for prospective bidders upon request a copy of the contract of sale.

The Property shall be sold in its “AS IS, WHERE IS” condition and without recourse, warranty, express or implied, as to the nature, condition or description of the Property, equipment, fixtures, or improvements.

Conveyance of the Property shall be by trustees’ deed and quitclaim bill of sale without warranty, and shall be subject to all recorded and unrecorded liens, encumbrances, security interests, easements, conditions, reservations, covenants, restrictions, leases, occupancy agreements, rights of way, rights of redemption of federal lienholders, encumbrances, and mechanics and materialmen’s liens, all whether of record or not of record and to the extent any of the foregoing may lawfully apply to the Property being sold or any part thereof, and take priority over the liens and security interests of the Deed of Trust. The Property is sold subject to such state of facts that an accurate survey or physical inspection might disclose. The Property will be sold subject to the rights of any person(s) in possession of any or all of the Property as tenants under any recorded or unrecorded leases, if any.

Purchaser will take title to the Property subject to all taxes, public charges, assessments, water and sewer charges, and other utility charges, if any, and subject to all expenses of the Property.

Neither the Substitute Trustees nor any Lender Affiliated Party, nor their respective agents, successors or assigns make any representations or warranties, either expressed or implied with respect to the Property including, without limitation, recorded or unrecorded leases or other occupancy agreements, if any, operating and management agreements, if any, or use, physical conditions, structural integrity, construction, workmanship, habitability, zoning, subdivision, fitness for a particular purpose or merchantability, or compliance with building codes, environmental ordinances or regulations or similar matters. The purchaser recognizes and agrees that any investigation, examination, or inspection of the Property being sold is within the control of the owner or other parties in possession and their agents and not within the control of the Substitute Trustees, or their successors or assigns, or any Lender Affiliated Party.

Without limiting the generality of the foregoing, the Property will be sold without representation or warranty as to the environmental condition of the Property or the compliance of the Property with federal, state, or local laws and regulations concerning the purchase or disposal of hazardous substances. Acceptance of the deed to the Property shall constitute a waiver of any claims against  the Substitute Trustees or any of the Lender Affiliated Parties (collectively, “Releasees”), concerning the environmental condition of the Property including, but not limited to, claims arising under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, and/or state or local law, ordinances or regulations. The purchaser waives any cause of action it may have against the  Releasees for any condition of the Property that may not comply with any federal, state or local law, regulation or ruling including, without limitation, any laws, regulations and rulings relating to environmental contamination or hazardous wastes. Such agreement also shall provide that if, notwithstanding such agreement, a court of competent jurisdiction should permit such a claim to be made against  any Releasees, such agreement shall serve as the overwhelming primary factor in any equitable apportionment of response costs or other liability. Nothing in this paragraph shall release, waive or preclude any claims the purchaser may have against any  other  person  with respect to  the  Property.     

Purchaser assumes the risk of loss or damage to the Property from the strike down of the bid forward. Purchaser shall be responsible for obtaining physical possession of the Property.

Purchaser shall settle on or before forty-five (45) days after the sale.

TIME SHALL BE OF THE ESSENCE. The balance of the purchase price of the Property over and

above the bidding deposit will be due at settlement by cashiers or certified check or by immediately available wire funds. Purchaser shall be responsible for payment of all settlement costs including, but not limited to, deed preparation and all recordation taxes and charges, settlement fees, title insurance premiums, and all other costs incident to settlement.

All rents, without pro-ration for the current month, collected to the day prior to closing shall remain the property of the Noteholder or, if applicable, any appointed receiver managing the Property. All rents, without proration for the current month, and any delinquent rents, collected on and after the day of closing shall be the property of the purchaser. Purchaser will have the right to be substituted, at purchaser’s cost, as the plaintiff in any litigation cases against tenants and purchaser may pursue such litigation at its cost and retain any monetary awards from such cases. Utilities associated with the Property shall be adjusted at closing, with the meters read the day prior to closing. All other costs associated with the Property, current and past due, if any, shall be the responsibility of the purchaser with no proration.

If the successful bidder fails to complete settlement, the deposit shall be forfeited and applied to the costs of the sale, including trustees’ fees, and the balance, if any, shall be delivered to the Noteholder to be applied against all amounts owed it under the note and Deed of Trust. There shall be no refunds. The Property shall be resold at the risk and the cost of the defaulting bidder. Such forfeiture shall not limit any rights or remedies of the Substitute Trustees or the Noteholder with respect to any such default, and the defaulting purchaser shall be liable for all costs of re-sale of the Property (including attorneys’ fees of the Noteholder and the Substitute Trustees), plus any amount by which the ultimate sale price for the Property is less than the defaulting purchaser’s bid. After any such default and forfeiture, the Property may, at the discretion of the Substitute Trustees, be conveyed to the next highest bidder of the Property whose bid was acceptable to the Substitute Trustees. The defaulting purchaser shall not be entitled to any surplus proceeds or profits resulting from any resale of the Property.

If the Substitute Trustees are unable to convey title as required herein, purchaser’s sole remedy at law and in equity shall be limited to a refund of the deposit and the sale shall be considered null and void and of no effect whatsoever.

The Substitute Trustees reserve the right, in their sole discretion, to reject any and all bids, to withdraw all or part of the Property from sale at any time before or at the auction, to modify the requirement for bidders’ deposits, to extend the time to receive bids, to waive or modify the deposit

requirement, to amend or supplement the terms of the sale by verbal announcement made by the Substitute Trustees at the sale, to recess the sale, to conduct other sales as the Substitute Trustees may determine in their discretion, and/or to extend the period of time for settlement.

Immediately upon conveyance and assignment by the Substitute Trustees of the Property to the purchaser or purchasers at foreclosure, all duties, liabilities and obligations of the Substitute Trustees, if any, with respect to the Property shall be extinguished.

Substitute Trustees:

Andrea Campbell Davison

Blake W. Frieman

Jennifer O. Schiffer

For Information contact:

Andrea Campbell Davison

Bean Kinney & Korman PC

2311 Wilson Blvd, Suite 500

Arlington, Virginia 22201

703-525-4000

Auctioneer:

Harvey West Auctioneers LLC

5335 Wisconsin Avenue NW, Suite 440

Washington, DC 20015

202-463-4567

Ad to appear in the Washington Post - February 6, 10, 12, 14 and 17, 2025