By virtue of an Alias writ of Levari Facias, to me directed, will be exposed to Public sale on:
Tuesday, July 15, 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:
WITNESSETH: That the said parties of the first part, for and in consideration of the sum of ONE DOLLAR ($1.00), lawful money of the United States of America, the receipt whereof is hereby acknowledged, hereby grant and convey unto the parties of the second part, and their heirs and assigns, in fee simple, the following described lands, situate, lying and being in Sussex County, State of Delaware.
ALL THAT CERTAIN Unit, known as Unit No. 1104, in the Condominium known as RETREAT AT MILLSTONE, a condominium, situate, lying and being in the Town of Millsboro, Dagsboro Hundred, Sussex County, Delaware, being more particularly bounded and described in the Declaration of CAPSON MILLSBORO - 305, LLC, a Delaware limited liability company, dated June 8, 2006 and filed for record in the Office of the Recorder of Deeds, in and for Sussex County, Georgetown, Delaware in Deed Book 3346, Page 333 (Units 1801-1804, 901-906, 1101-1106, 101-106 and 1601-1606) (the "Declaration); as amended by this First Amendment to Declaration dated September 22, 2006 and filed with the Office of the Recorder of Deeds, aforesaid, in Deed Book 3367, Page 190 (Units 1701-1705); as amended by this Second Amendment to Declaration dated October 25, 2006 and filed with the Office of the Recorder of Deeds, aforesaid, in Deed Book 3377, page 121 (Units 1501-1506); and all in the Declaration Plan of the RETREAT AT MILLSTONE, prepared by John H. Plummer and Associates, Inc., dated June 20, 2006 and filed in Plot Book 107, Page 110-125; and as amended by a Declaration Plan of RETREAT AT MILLSTONE, prepared by John H. Plummer and Associates, Inc., dated July 28, 2006 and filed in Plot Book 108, Page 135 and as amended by a Declaration Plan of RETREAT AT MILLSTONE, prepared by John R Plummer and Associates, Inc., dated October 2006 and filed in Plot Book 108, Page 341; (the "Declaration Plan - Building 1700"); and all pursuant to the provisions of the Unit Property Act of the State of Delaware, Title 25, Section 2201, et seq. of the Delaware Code, said property being subject to a Code of Regulations of record in Deed Book 3347, Page 1 (the "Code of Regulations").
AND BEING the same property conveyed to Herbert J. Miller & Mary B. Miller by deed of Capson Millsboro-305, LLC recorded December 6, 2006, in the Office of the Recorder of Deeds in and for Sussex County, Delaware, in Deed Book 03391, Page 040.
Tax Parcel: 1-33-16.00-138.01 Unit 1104
Property Address: 29484 Whitstone Lane, 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 August 4, 2008. Sale subject to confirmation by the Superior Court on August 8, 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
MARY B. & HERBERT J. MILLER, JR.
and will be sold by Eric D. Swanson, Sheriff
CP 20080704 2T