By virtue of a writ of Levari Facias, to me directed,
will be exposed to Public sale on:
Tuesday, September 16, 2008 At 9:30 A.M. & Thereafter
At the Sussex County Sheriff's Office, West Complex, 22215 DuPont Boulevard, Georgetown, Delaware, Georgetown Hundred, Sussex County, State of Delaware, the following described real estate to wit:
ALL that certain unit of real property existing under and by virtue of the Unit Property Act of the State of Delaware known as Condominium Building 5, Unit 2. The Commons at Radish Farms, situate in Dagsboro Hundred, Sussex County, State of Delaware and being more particularly described in: (1) the Declaration of Condominium for The Commons at Radish Farms Condominium recorded in Deed Book 3255, Page 293 (as may be amended, the "Declaration") as amended by First Amendment dated Confirmatory Amendment dated June 22, 2006 of record in Deed Book 3328 page 115, as amended by Second Amendment dated July 18, 2006 of record in Deed Book 3336, page 289; (ii) the Code of Regulations for The Commons at Radish Farms Condominium of record in Deed Book 3255, page 325; and (iii) as shown on a Condominium Declaration Plan prepared by Merestone Consultants, Inc., dated December 21, 2005 (as may be amended; the "Plan") as recorded in Plot Book 101, page 102; Plot Book 105, Page 220 and Plot Book 106, Page 263.
TOGETHER with a proportionate undivided interest in the common elements of The Commons at Radish Farms Condominium, as said common elements are more particularly bounded and described in the aforesaid Declaration and Declaration Plan; which proportionate undivided interest expressed in terms of a percentage of the common elements as a whole shall and does equal 5% for each unit, subject, nevertheless to adjustment from time to time as provided in the Declaration.
AND together with all other rights, titles, interest and privileges provided for or created by the statute aforesaid (25 Del. C. & 2201 et seq.) for or in the owners of the property made by subject to the provisions of the Unit Property Act.
AND together the easements and appurtenances to said units as more fully described in the aforesaid Declaration.
SUBJECT to any and all easements, conditions, restrictions and agreements of record.
Being the same lands and premises which Anderson Homes, LLC, a Delaware Limited Liability Company, did grant and convey unto Jeffrey C. Messick by deed dated 10/16/2006 and recorded 10/30/2006 Office of the Recorder of Deeds, in and for Sussex County, State of Delaware, in Deed Record BK0337PG060.
Tax Parcel: 1-33-20.00-46.00 Unit 5-2
Property Address: 127 Sandridge Court, #2, Millsboro
Registration is required for all bidders prior to sale. A $4,000.00 deposit (Cash or Cashiers/certified check payable to Sheriff of Sussex County) and valid driver’s license or photo I.D. are required to register.
TERMS: 20 percent of the purchase money will be demanded on day of sale (The $4,000.00 Bidder Registration Fee will be credited to the 20% deposit). Cash, Certified Check or Cashier's Check, is required. The balance is to be paid on or before October 6, 2008. Sale subject to confirmation by the Superior Court on October 10, 2008 and also subject to a 1 1/2 percent Delaware Realty Transfer Tax; 3/4 percent to be paid by the Seller and 3/4 percent to be paid by the Purchaser. Also subject to 1 1/2 percent Sussex County Realty Tax, 3/4 percent to be paid by the Seller and 3/4 percent to be paid by the Purchaser. Any further Transfer Tax is the responsibility of the Purchaser. The Purchaser will be required to pay the cost of the deed; a $200.00 deposit will be collected at the time of sale and will be refunded if a proper deed is presented to the Sheriff’s Office within Forty-Five days of confirmation. If the Purchaser fails to comply with these terms the percentum paid at the time of sale will be forfeited. Please make checks payable to: Sheriff of Sussex County.
Seized and taken in execution the property of
JEFFREY COLEMAN MESSICK
and will be sold by Eric D. Swanson, Sheriff
CP 20080905 2T