By virtue of a writ of Levari Facias, to me directed,
will be exposed to Public sale on:
Tuesday, 20th day of December, 2016
At 9:30 AM & 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 known as UNIT NO. 1, in the Condominium known as WESTWOOD AT BETHANY CONDOMINIUM (the "condominium"), situate, lying and being in Bethany Beach, Baltimore Hundred, Sussex County, Delaware, being more particularly bounded and described in the Declaration of and for Westwood at Bethany Condominium dated the 30th day of July, 1983, and recorded in the Office of the Recorder of Deeds at Georgetown, Sussex County, Delaware, in Deed Book 1200, Page 160, as amended by a certain document entitled "First Declaration Amendment", dated April 10, 1984, and recorded in the Office of the Recorder of Deeds, aforesaid, in Deed Book 1253, Page 168, (the said Declaration and First Declaration Amendment being hereinafter referred to collectively as the "Declaration"), and in the Declaration Plan of and for Westwood at Bethany Condominium dated July 28, 1983, and bearing a verified statement dated the 28th day of July, 1982, by Ralph D. Bennett, Jr, a registered architect, pursuant to Section 2220 of Title 25 of the Delaware Code, and filed for record in the Office of the Recorder of Deeds, aforesaid, in Plot Book 28, Page 216, as amended by a certain First Declaration Plan Amendment dated April 1, 1984, and being a verified statement on the first page thereof, dated April 6, 1984, by Ralph D. Bennett, Jr., a registered architect, pursuant to Section 2220, Title 25 of the Delaware Code and recorded in the Office of the Recorder of Deeds, in Plot Book 32, Page 87 (the said Declaration Plan and the said First Declaration Plan Amendment being hereinafter referred to collectively as the "Declaration Plan"), all pursuant to the provision and of the Unit Property Act of the State of Delaware, Title 25, Section 201, et. seq. of the Delaware Code (the "Unit Property Act"), said property being subject to a Code of Regulations of record in the Office of the Recorder of Deeds, aforesaid, in Deed Book 1200, Page 205 (the "Code of
TOGETHER with a proportionate undivided interest initially totaling 3.5715% (the "Percentage Interest") in all the Common Elements of the said Westwood at Bethany Condominium, as said Common Elements are more particularly bounded and described in the aforesaid Declaration and Declaration Plan.
PROVIDED, HOWEVER, a portion of the aforesaid Percentage Interest shall be considered conveyed as appurtenant to the above-identified Unit in fee simple determinable, specially limited upon an event not certain to occur, that is, the expansion of the Condominium pursuant to the Declaration, a Declaration Amendment, and a Declaration Plan Amendment, to include a Phase or the Phases, it being a condition of this conveyance that if the Condominium is expanded to include a Phase or the Phases pursuant to the Declaration, a Declaration Amendment, or a Declaration Plan Amendment, the Percentage Interest shall be reduced, changed and reallocated and be and become that assigned to the Unit pursuant to the provisions of the Declaration, a Declaration Amendment, and a Declaration Plan Amendment, and as set forth in Appendix C of the Declaration , that any Percentage Interest in the Common Elements located in a Phase until the Condominium is expanded to include such Phase shall be an executory undivided future interest to vest upon an event not certain to occur, that is the expansion of the Condominium to include a Phase, as aforesaid, and further, that any Percentage Interest as changed, reallocated and reduced, as aforesaid, shall be considered also an interest which may be determinable, as aforesaid, specially limited upon an event not certain to occur, that is, the expansion of the Condominium to include any further Phases. It is intended by the Grantor that any reallocation of the Percentage Interest pursuant to the Declaration, a Declaration Amendment, or Declaration Plan Amendment, shall be sufficient to reallocate and vest such Percentage Interest as the same may be considered an executory future interest in the Common Elements of a Phase without the necessity of any further grant of such reallocated Percentage Interest.
Being the same lands and premises which Leslie M. Russo and Judy L. Russo, did grant and convey unto Martin R. Ruttkay and Debra A. Ruttkay, by deed dated April 8, 2005 and recorded on April 13, 2005 in the Office of the Recorder of Deeds, in and for Sussex County, State of Delaware, in Deed Book 3127 at Page 149.
Tax Parcel: 1-34-13.00-113.00 UNIT 1
Property Address: 817A BEACH HAVEN DRIVE, Bethany Beach, DE 19930
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 or Cashier's Check is required. The balance is to be paid on or before 1/17/17. Sale subject to confirmation by the Superior Court on 1/20/17; 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; and 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. 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
MARTIN A. RUTTKAY A/K/A MARTIN R. RUTTKAY
& DEBRA A. RUTTKAY (57)
and will be sold by
Robert T. Lee, Sheriff
CP 20161209 2T