Sheriff Sale: Bretz & Burroughs

Date Published: 
2.10 & 2.17.12

SHERIFF SALE
By virtue of a writ of Levari Facias, to me directed,
will be exposed to Public sale on:
Tuesday, February 21, 2012
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 38407 Boxwood Terrace, Unit 102, Building 101-A, in the condominium project known as Bayside Condominium located in Americana Bayside, Baltimore Hundred, Sussex County, State of Delaware, as said Unit is more particularly bounded and described in the Declaration of Condominium for Bayside Condominium, dated September 8, 2005 as filed for record in the Office of the Recorder of Deeds in and for Sussex County, at Georgetown Delaware in Deed Book 3204 at page 030 (Lot 75) as amended by First Amendment to Declaration dated November 10, 2006, as filed for record in the Office of the Recorder of Deeds aforesaid in Deed Book 3386 at page 347 (adding Lot 10); and as further amended by Corrective First Amendment to Declaration, dated December 6, 2006 as filed for record in the Office of the Recorder of Deeds aforesaid in Deed Book 3391, Page 312 (correcting tax map number) and as further amended by Second Amendment to Declaration, dated December 6, 2006 as filed for record in the Office of the Recorder of Deeds aforesaid in Deed Book 3341 at page 327 (adding Building l0B) as further amended by Third Amendment to Declaration, dated February 7, 2007 as filed for record in the Office of the Recorder of Deeds aforesaid, in Deed Book 3416 at page 207 (adding Building 101A; and further described in the Declaration Plan of Bayside Condominium Lot 75, dated August 25, 2005, as filed for record in the Office of the Recorder of Deeds aforesaid in Plot Book 97 at page 024 (Lot 75) as amended by First Supplemental Declaration Plan, dated November 02, 2006 as filed for record in the Office of the Recorder of Deed aforesaid in Plot Book 109 at page 190 (adding Lot 10); as further amended by Second Supplemental Declaration Plan, dated December 6, 2006 as filed for record in the Office of the Recorder of Deeds aforesaid in Plot Book III at page 137; and as further amended by Third Supplemental Declaration Plan dated January 22, 2007 as filed for record in the Office of the Recorder of Deeds aforesaid in Plot Book III at page 164; all pursuant to the provisions of the "Unit Property Act" of the State of Delaware, 25 Del. C. Section 2201, et seq.

TOGETHER WITH a proportionate undivided interest totaling .0256% (except Unit A of Lot 75, which shall have a .0272% interest) in all the common elements of the said Bayside Condominium as said common elements are more particularly bounded and described in the aforesaid Declaration and Declaration Plan, said proportionate undivided interest in the Common Elements shall be subject to reallocation as set forth in Paragraphs 6 and 15 of the aforesaid Declaration.

SUBJECT however, to the following provisions: The grantee for and on behalf of the grantee and the grantee's heirs, personal representatives, successors and assigns, by the acceptance for this Deed, covenants and agrees to pay such charges for the maintenance of, repairs to, replacement of and expenses in connection with the common elements as may be assessed from time to time by the Council in accordance with the Unit Property Act of Delaware (Chapter 22 of Title 25 of the Delaware Code )and further covenants and agrees that the unit conveyed by this Deed shall be subject to a charge for all amounts so assessed and that except insofar as Sections 2236 and 2237 of Title 25 of the Delaware Code may relieve a subsequent unit owner of liability for prior unpaid assessments, this covenant shall run with and bind the land or unit hereby conveyed and all subsequent owners thereof.

BEING ALL that Unit conveyed unto John Burroughs and Carol Burroughs and Harold Bretz and June Bretz by Deed of Carl M. Freeman Communities, L.L.C., dated February 23, 2007 and of record in the Office of the Recorder of Deeds in and for Sussex County and State of Delaware in Deed Book 3422, Page 27.

Tax Parcel: 5-33-19.00-892.00 UNIT 102A
Property Address: 38407 BOOXWOOD TERRACE, SELBYVILLE

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 March 19, 2012. Sale subject to confirmation by the Superior Court on March 23, 2012 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
HAROLD BRETZ; JUNE M. BRETZ; JOHN BURROUGHS;
CAROL BURROUGHS
and will be sold by
Jeff Christopher, Sheriff
CP 20120210 2T