Sheriff Sale - McDaniel


SHERIFF SALE
By virtue of a writ of Levari Facias, to me directed,
will be exposed to Public sale on:
Tuesday, 15th day of December, 2015
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 of real property existing under and by virtue of the Unit Property Act of Delaware, known as Unit No. 503B5, in Wharton's Bluff Condominium, a condominium situate in the Town of Millsboro, Dagsboro Hundred, Sussex County, State of Delaware, as said condominium and the above designated unit therein are more particularly shown and described in (i) that certain Declaration of Condominium for Wharton's Bluff Condominium dated September 27, 2005 (the "Declaration"), and recorded in the Office of the Recorder of Deeds in and for Sussex County, Delaware in Deed Book 3223, Page 204; as amended by the First Amendment to Declaration for Wharton 's Bluff Condominium dated March 27, 2006 and recorded in the Office aforesaid, in Deed Book 3299, Page 38; as further amended by the Second Amendment to Declaration for Wharton's Bluff Condominium dated June 26, 2006 and recorded in the Office aforesaid, in Deed Book 3388, page 118; and as amended by the Third Amendment to Declaration for Wharton's Bluff Condominium dated January 10, 2007 and recorded in the Office aforesaid, in Deed Book 3426, Page 236; as amended by the Fourth Amendment to Declaration for Wharton's Bluff Condominium dated June 25, 2007 and recorded in the Office aforesaid, in Deed Book 3500, Page 307; as amended by the Fifth Amendment to Declaration for Wharton's Bluff Condominium dated February 29, 2008 and recorded in the Office aforesaid, in Deed Book 3555, Page 140; as amended by the Sixth Amendment to Declaration for Wharton's Bluff Condominium dated April 29, 2008 and recorded in the Office aforesaid, in Deed Book 3573, Page 257; as amended by the Seventh Amendment to Declaration for Wharton's Bluff Condominium dated May 5, 2008 and recorded in the Office aforesaid, in Deed Book 3578, Page 182; as amended by the Eighth Amendment to Declaration for Wharton's Bluff Condominium dated June 4, 2008 and recorded in the Office aforesaid, in Deed Book 3584, Page 309; as amended by the Ninth Amendment to Declaration for Wharton 's Bluff Condominium dated June 11, 2008 and recorded in the Office aforesaid, in Deed Book 3588, Page 313; as amended by the Tenth Amendment to Declaration for Wharton's Bluff Condominium dated August 26, 2008 and recorded in the Office aforesaid, in Deed Book 3612, Page 277; as amended by the Eleventh Amendment to Declaration for Wharton's Bluff Condominium dated September 11, 2008 and recorded in the Office aforesaid, in Deed Book 3617, Page 14; as amended by the Twelfth Amendment to Declaration for Wharton's Bluff Condominium dated December 11, 2008 and recorded in the Office aforesaid, in Deed Book 3642, Page 240 (the "Declaration"); (ii) that ce1tai n Code of Regulations for Wharton 's Bluff Condominium dated September 27, 2005 and recorded in the Office aforesaid, in Deed Book 3223, Page 235; as amended by the First Amendment to Code of Regulations for Wharton's Bluff Condominium dated February 29, 2008 and recorded in the Office aforesaid, in Deed Book 3555, Page 148 (the "Code of Regulations"); (iii) that certain Declaration plan for Wharton 's Bluff Condominium prepared by Land Design, Inc. dated October 13, 2005 and recorded in the Office aforesaid, in Plot Book 99, page 169 (Units 104A1-106A1 & 301B3-304B3); as amended by that certain First Amendment to Declaration Plan for Wharton's Bluff Condominium prepared by Land Design, Inc., dated March 30, 2006 and recorded in the Office aforesaid, in Plot Book 103, Page 293 (Units 101A1-103A1); as amended by that certain Second Amendment to Declaration Plan for Wharton's Bluff Condominium prepared by Land Design, Inc., dated September 20, 2006 and recorded in the Office aforesaid, in Plot Book 109, Page 216 (Units 301B6-304B6); as amended by that certain Third Amendment to Declaration plan for Wharton's Bluff Condominium prepared by Land Design, Inc., dated January 10, 2007 and recorded in the Office aforesaid, in Plot Book 112, Page 36 (Units 301A3-306A3); as amended by that certain Fourth Amended to Declaration plan for Wharton's Bluff Condominium prepared by Land Design, Inc. dated July 156, 2007 and recorded in the Office aforesaid, in Plot Book 115, Page 329 (Units 401A4-406A4); as amended by that certain
Fifth Amendment to Declaration Plan for Wharton's Bluff Condominium prepared by Morris & Ritchie Associates, Inc., dated April 22, 2008 and recorded in the Office aforesaid, in Plot Book 119, Page 286 (Units 401B4-404B4); as amended by that certain Sixth Amendment to Declaration Plan for Wharton's Bluff Condominium prepared by Morris & Ritchie Associates, Inc., dated May 1, 2008 and recorded in that Office aforesaid, in Plot Book 120, Page 95 (Units 201A2-206A2); as amended by that certain Seventh Amendment to Declaration Plan for Wharton's Bluff Condominium prepared by Morris & Ritchie Associates, Inc., dated May 29, 2008 and recorded in the Office aforesaid in Plot Book 120, Page 207 (Unit C-1); as amended by that certain Eighth Amendment to Declaration Plan for Wharton's Bluff Condominium prepared by Morris & Ritchie Associates, Inc., dated June 16, 2008 and recorded in the Office aforesaid in Plot Book 120, Page 328 (Units 101AM-105AM); as amended by that certain Ninth Amendment to Declaration Plan for Wharton's Bluff Condominium prepared by Morris & Ritchie Associates, Inc., dated August 26, 2008 and recorded in the Office aforesaid in Plot Book 121, Page 346 (Units 501A5-506A5); as amended by that certain Tenth Amendment to Declaration Plan for Wharton's Bluff Condominium prepared by Morris & Ritchie Associates, Inc., dated August 26, 2008 and recorded in the Office aforesaid in Plot Book 122, Page 69 (Units 201B2-204B2); as amended by that certain Eleventh Amendment to Declaration Plan for Wharton's Bluff Condominium prepared by Morris & Ritchie Associates, Inc., dated December 3, 2008 and recorded in the Office aforesaid in Plot Book 125, Page 59 (Units 501B5-504B5) (collectively, the "Declaration Plan"), with respect to certain property located in Sussex County, State of Delaware, as more particularly described in the Declaration and shown on the Declaration Plan.

TOGETHER with a proportionate undivided interest in the Common Elements of Wharton's Bluff Condominium, as said Common Elements are more particularly shown and described in the Declaration and Declaration Plan; which proportionate undivided interest, expressed in terms of a percentage of the Common Elements as a whole equals 1.786% subject, nevertheless, to adjustment from time to time as provided in the aforesaid Declaration.

BEING the same lands and premises which Tousa Homes, Inc. and NVR, Inc., by deed dated December 22, 2008 and recorded on December 31 , 2008, in the Office of the Recorder of Deeds, in and for Sussex County and State of Delaware, Book 3646, Page 15, did grant and convey unto Josh Welsh and Sarah M. McDaniel. Subsequently, being the same lands and premises which Josh Welsh and Sarah McDaniel, by deed dated February 1 3, 201 5 and recorded February 23, 2015, in the Office of the Recorder of Deeds, in and for Sussex County and State of Delaware, Book 4365, Page 274, did grant and convey unto Josh Welsh.

Tax Parcel: 1-33-17.00-16.00 UNIT 503B5
Property Address: 10096 SAW MILL WAY, Millsboro, DE 19966

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 1/19/16. Sale subject to confirmation by the Superior Court on 1/23/16; 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
JOSH WELSH & SARAH MCDANIEL A/K/A SARAH M. MCDANIEL (4)
and will be sold by
Robert T. Lee, Sheriff

CP 20151204 2T