SHERIFF SALE - PATRICK & MELISSA A. POTTER - 9.5.08 - First Insertion

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 piece, parcel or plat of land situate and lying on the west side of a 25 foot right-of-way of Route #432 being more particularly described as follows, to wit:

BEGINNING at a _ " iron pipe found lying on the west side of a 25 foot right-of-way of Route 432; thence continuing on by and with said right-of-way North 12 degrees 44 minutes 10 seconds East for a distance of 491.12 feet to a _ " iron pipe set; thence turning and running by and with a common boundary line for this land and other lands of Joshua A. Messick North 76 degrees 00 minutes 40 seconds West for a distance of 418.48 feet to a _ " iron pipe set found in the center of a ditch; thence turning and running by and with a common boundary line for this lot and other lands of Joshua A. Messick South 14 degrees 42 minutes 20 seconds West for a distance of 362.16 feet to a _ " iron pipe set; thence turning and running by and with a common boundary line for this land and lands formerly of Donald L. Ward South 59 degrees 27 minutes 50 seconds East for a distance of 452.49 feet home to the place of beginning said to contain 4.168 acres more or less as shown on survey prepared by J.J.. McCann dated April 11, 1984, a copy of which is attached hereto.

BEING the same land conveyed unto Joshua A. Messick by deed of Phillip E. Messick and Jane M. Johnson, dated July 30, 1975, and of record in the Office of the Recorder of Deed in and for Sussex County, Delaware, in Deed Book 752 at Page 328.

Being the same land and premises that Joshua A. Messick by deed dated November 30, 1988 and recorded in the Office of the Recorder of Deeds in and for Sussex County, State of Delaware, in Deed Book 1615, Page 154, did grant and convey unto Melissa A. Potter, in fee.

Tax Parcel: 1-33-19.00-14.06
Property Address: Rt. 3, Box 326A, 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
PATRICK & MELISSA A. POTTER
and will be sold by
Eric D. Swanson, Sheriff
CP 20080905 2T