Sheriff Sale - HKS Properties - 10.20.15


SHERIFF SALE
By virtue of a writ of Levari Facias, to me directed,
will be exposed to Public sale on:
Tuesday, 20th day of October, 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:

Sussex County, DE Tax Parcel No.: 2-33-11.00-77.00
PARCEL# l ALL OF HIS UNDIVIDED ONE-HALF INTEREST IN THAT
CERTAIN Lots, pieces and parcels of land, situated, lying and being in Dagsboro Hundred, Sussex County, State of Delaware, being more
particularly described as follows, to wit:
BEGINNING at a point, said point being located on the Northeastern
right-of-way of New Street, a corner of these lands and other lands of Joseph A. Kollack, Sr.; thence turning and running by and along the common
boundary line with these lands and lands of Joseph A. Kollack, Sr., North 72°51'05" East 168.29' to an iron axle; thence turning and running by and along the common boundary line with these lands and lands of John R. Hudson, South 25° 51' 59" East 156.89' to an iron axle; thence continuing 11.86' more or less, to the centerline of a ditch; thence turning and running South 53° 11' 04" West 52.41' to a point; thence continuing South 53° 05' 19" West 68.25' to a point; thence turning and running North 83° 12' 02" West 63.42' to a point; the last three (3) bearing and distances being along the centerline of Pepper's Canal; thence turning and running by and along the Northeastern right-of-way of New Street, North 24° 20' West 182.19' home to the place of the beginning, and said to contain 0.74 acres, more or less, as surveyed by Peter E. Loewenstein and Associates, Inc., Registered Surveyors, in September 1979.
BEING THE UNDIVIDED ONE-HALF (1/2) INTEREST conveyed unto William R. Kollack by deed of Joseph A. Kollack, Sr. and Kathleen C. Kollack, dated October 3, 1979, and of record in the Office of the Recorder of Deeds, in and for Sussex County, State of Delaware, in Deed Book 974 at page 281.

PARCEL# 2 ALL OF HIS UNDIVIDED ONE-HALF (1/2) INTEREST IN ALL that certain piece, tract of land or allotment of land, lying and being situated in Dagsboro Hundred, Sussex County, Delaware, adjoining lands now or
formerly of John Helm and others, and known on the plot of the subdivision of lands now or formerly of the Raymond-Bunting, W.S. Truitt and Mitchell Hall, known as Will Allotment, being #29 on the said Plot containing 39-3/4 acres of land, being the same, more or less.
BEING THE UNDIVIDED ONE-HALD (1/2) INTEREST, conveyed unto William R. Kollack by deed of Joseph A. Kollack, Sr. etux and Casper L.
Kollack etux, dated December 19, 1973, and of record in the Office of the Recorder of Deeds, in and for Sussex County, State of Delaware, in Deed Book 724, Page 93.

Sussex County, DE Tax Parcel No.: 2-33-11.00-83.00
TRACT# 1 ALL that certain tract, piece and parcel of land situated, lying and being in Dagsboro Hundred, Sussex County, Delaware, and being more particularly described as follows:
BEGINNING at a point in the Southern right-of-way line of a thirty (30) foot road, a corner for these lands and lands now or formerly of Joseph Kollack; thence from said beginning point South 33° 10 minutes East a distance of 1,657.6' to a point; thence North 75° 26 minutes East a distance of 168' to a point; thence North 20° 15 minutes East a distance of 1,236' to a point; thence North 47° 45 minutes West a distance of 847.12' to a point; said point marking a corner for these lands and lands now or formerly of Lewis A. Lynch; thence by and with the division line between these lands and lands now or formerly of Lewis A. Lynch South 65° 36 minutes 01 seconds West a distance of 886.63' to a point; said point marking a corner for these lands and lands now or formerly of Lewis A. Lynch; thence by and with a division line between these lands and lands now or formerly of Lewis A. Lunch North 31° 36 minutes 03 seconds West a distance of 50.40' to a point, said point marking a corner for these lands, other lands of the part of the first part, and lands now or formerly of Lewis A. Lynch; thence by and with a division line between these lands and other lands of the party of the first part South 65° 36 minutes 01 seconds West a distance of 50', home to the place of the
beginning, be the contents thereof what they may be.

TRACT#2 ALL that certain tract, piece or parcel of land situated, lying and being in Dagsboro Hundred, Sussex County, Delaware, and being more
particularly described as follows:
BEGINNING at a concrete marker set in the Southerly right-of-way line of Sussex County Route 336, said concrete monument marking a corner for these lands and lands now or formerly of Billie Hitchens; thence along with the Southerly right-of-way line of Sussex County Route 336 North 53° 11 minutes 20 seconds East a distance of 50.21' to an iron pipe, said iron pipe marking a corner for these lands and lands now or formerly of Lewis A. Lynch; thence along and with the division line between these lands and lands now or formerly of Lewis A. Lynch South 31° 36 minutes 03 seconds East a distance of 799.58' to an iron pipe, said iron pipe marking a corner for these lands and lands now or formerly of Lewis A. Lynch ; thence North 65° 36 minutes 01 second East a distance of 144.50' to an iron pipe, said iron pipe marking a corner for these lands and lands now or formerly of Lewis A. Lynch; thence South 31° 36 minutes 03 seconds East a distance of 50.40' to a point, and said point marking a corner of these lands and lands now or formerly of Lewis A. Lynch; thence South 65° 36 minutes 01 second West along and with the northern right-of-way line of a 30' right-of-way a
distance of 194.90' to a concrete monument, said concrete monument
marking a corner for these lands and lands now or formerly of Billie Hitchens; thence along and with the division line between these lands and lands now or formerly of Billie Hitchens North 31° 36 minutes 03 seconds West a
distance of 839.04', home to the place of beginning, containing 49,488 square feet, be the same more or less, as the surveyed by Peter E.
Loewenstein, dated February 1983, a copy of which is of record in the Office of the Recorder of Deeds, in and for Sussex County, Delaware.
BEING the same lands conveyed unto F. Terry Carmine and Betty Carmine, his wife, by Deed of Diocesan Council, Inc. dated September 29, 1983, and file for record in the Office of the Recorder of Deeds, in and for Sussex County, at Georgetown, Delaware, in Deed Book 1217, Page 129.
TOGETHER WITH the right, title and interest of the party of the first part, in and to a private road being more particularly bound and described as follows;
BEGINNING at a southeasterly corner of the above described lands, being a corner common to these lands and Tract# 2 described above; thence from said point of the beginning, South 31° 36 minutes 03 seconds East a
distance of 30.24' to a point in the southerly side of the said private road, said point being near the north westerly corner of Tract# 1, described above; thence by and with the southerly side of said private road south 65° 36
minutes 01 second West a distance of 194.90' to a point; thence North 31° 36 minutes 03 seconds West a distance of 30.24' to a point; thence North 65° 36 minutes 01 second East a distance of 194.90', home to the place of the beginning the contents thereof what they may.

Sussex County, DE Tax Parcel No.: 2-33-11.00-264.00
TRACT NO. 1: BEGINNING: At the iron bold located on the north right of way line on the said State Highway, and also being a corner for this lands and land now or formerly of George M. Donaway; thence with said right of way, 117 feet to an iron bolt situated on the said North right of way of the said State Highway and being a corner for Lot No. l ; thence North 24 ½
degrees West, 200 feet along Lot No. 1-2 to an iron bold located on the south side of Baker Avenue and corner to the lot No. 2; thence south 65 ½ degrees west, 50 feet along said Lot No. 2; thence North 24 ½ degrees West, 1,376 feet across Baker Avenue and along the south side of First Street to an iron bold, on line for the lands now or formerly of Rufus D. Lingo; thence with lands of said Rufus D. Lingo, North 65 degrees East, 167 feet to an iron bolt on said line, and also being a corner for this land and lands now of formerly of George M. Donoway; thence with lands of the said George M. Donaway, South 24 ½ degrees East, 1,577 feet to the place of beginning, containing six (6) acres more or less, improved with a two-story dwelling and outbuildings.
The land herein conveyed is all the land between First Street on the West and lands now formerly of George M. Donaway on the East, and lands now formerly of Rufus D. Lingo on the North, and the State Highway on the South, excepting therefrom two (2) pieces or parcels know as lots numbered One (1) and Two (2).
THE RIGHT IS RESERVED for a baker Avenue and Dagworthy Avenue to extended across this land.

TRACT No.2: ALL those certain lots, pieces or parcels of land know as Los No. one (1) and two (2). Being a part of the property now or formerly of the

said Jonathan Baker, a plot of which is recorded in Deed Record D.H.W Vol. 281, page 599. Being a part of the lands conveyed to said Jonathan Baker by Houston Perry and company by indenture dated the 23rd day of November, A.D. 1903, and recorded in the Office of the Recorder of Deeds, at Georgetown, Delaware, in Deed Record C.C.Z. Vol. 151, page 239. Reference being thereunto had will more fully and at large appear.
BEING the same lands and premises conveyed to Kollock Family limited Partnership by Deed of Horstmar W. Zirpel and Edward J. Speer dated April 30, 1996, and recorded in the Office of Record Deeds, in and Sussex County, at Georgetown, Delaware, in deed Book 2123, page 81.

Sussex County, DE Tax Parcel No.: 2-33-11.00-265.01
ALL those certain tract, piece and parcel of land, situated lying and being in the town of Dagsboro, Dagsboro Hundred, Sussex County, Delaware, being more particularly described according to a survey prepared by Miller Lewis, Inc., dated March 14, 1989, as follows, to wit:
BEGINNING: At the iron pipe situate on the northerly right-of-way of Delaware Road# 26, said iron pipe being a corner of these lands and lands N/F of Alton T. Mumford; thence by and with said right-of-way S 64°-01 '-41" W, 100.00' to a pin, said pin being a corner for these lands and lands N/F of Horstmar W. Zirpel and Edward J. Speer the following two courses and distances: N 24°-54'-04" W, 642.26' to a point situated in the center of a small ditch; thence N 23°-57'04"W, 939.00' to a concrete market, said concrete market being a corner for these lands, lands N/F Horstmar W. Zirpel and Edward J. Speer and lands N/F of James L. Layfield; thence by and with said lands N/F of James L. Layfield N 66°-29'-20"E, 210.00' to an iron pipe, said iron pipe being a corner of these lands, Parcel B a point on line of lands N/F of James L Layfield; thence by a with parcel B S 24°-54'-03" E, 1247. 94' to a point situate in the corner of a ditch, said point being a corner for these lands, Parcel B, lands N/F of Thomas E. Glenn and lands N/F of Alton T. Mumford; thence by and with said lands N/F of Alton T. Mumford the following two courses and distance: S 76°-08'-30" W, 81 .39' to a point situate in the center of a ditch; thence S 60°-31'-38" W, 42.45' to a point situate in the center of a ditch, said point being a corner for these lands and lands N/F of Alton T Mumford; thence by and with said lands N/F of Alton T. Mumford S 24°-20'- 11" E, 11.60' to an iron pipe, thence continuing with the same bearing 326.85' (in all making a total distance of 338.45') to the point and place of beginning, being and containing 7.04 acres, be the same more or less.
BEING a part of the same land conveyed unto Alton T. Mumford and Elizabeth C. Mumford his wife, by deed of Dogwood, Inc., dated October 12, 1973, of record in the Office of Recorder Deeds, in and Sussex County, at Georgetown, Delaware, in deed Book 719, page 935.

Sussex County, DE Tax Parcel No.: 2-33-11.00-267.00
TRACT NO. 1: ALL the certain lot, piece or tract of land lying and being situated in Dagsboro Hundred, Sussex County and State of Delaware, and being on the west side of the County Road leading from Dagsboro to the DuPont Boulevard, described as follows, to wit:
BEGINNING at a stake for this and other lands of E. W. Gray this grantor running North 27 ½ degrees west 329 feet to the center of ditch, North 45 3/4 degrees East 115 feet, North 61 degrees East 350 feet, North 41 3/5 East 116 feet to Penna Rail Road; thence with said Rail Road, South 4 3/8 degrees East 224 feet to stake and lands of Oscar H. Campbell; thence with same, 71 3/8 degrees West 224 feet, South 27 degrees East 244 feet to aforesaid street; thence, with said street, South 62 degrees West 274 ½ feet, home place of beginning, containing three (3) acres of land, be the same more or less.
EXCEPTING AND RESERVING THERE FROM, 31,500 square feet of land conveyed by that certain deed of Clara A Archer to Virginia A. Truitt and Clifford W. Truitt, her Husband, date May 18, 1951, and filed for record in the Office on the Recorder of Deeds, in and for Sussex County, at Georgetown, Delaware, in Deed Book 408, Page 569.

TRACT NO. 2: All that certain piece, parcel of lot of land, lying and being situated in Dagsboro Hundred, Sussex County, Delaware, and lying on the North side of high way from Dagsboro to DuPont highway, bounded and described as follows, to wit:
BEGINNING at the stake on North side of aforesaid highway right of way and corner for other lands of this Grantee (Archer); thence with North right of the way of aforesaid highway, westerly 100 feet to an iron pipe, comer for lot of Harry Bunting; thence with said Harry Bunting lot, 26 degrees West 318 feet to appoint in a ditch, with a cement and iron on south bank of said ditch; thence down said ditch with land of these grantors (Kollock/Chandler), North 61 degrees East 95 to a point in said ditch and corner for the other lands of this Grantee (Archer); thence with said Grantees (Archer) land, South 26 ½ degrees East 319 feet to place of beginning, containing 73/l00th acres.
BEING a part of the lands conveyed unto Clara A. archer by Deed of Edgar N. Gray and Julia N. Gray, his wife, dated November 11, 1922, and filed for record in the Office of the Recorder of Deeds, in and for Sussex County, at Georgetown, Delaware, in Deed Book 262, page 11 (Tract 1).
ALSO BEING the same lands conveyed unto Clara A. Archer by deed of Joseph A. Kollock, Sr. and Kathleen C. Kollock, his wife and Wm. B. Chandler, Jr. and Eva Virginia Chandler, his wife dated October 8, 1954, and filed for record in the Office of the Recorder of Deeds, as aforesaid, in Deed Book 440, page 102 (Tract 2). The said Clara A. Archer departed this life, intestate, on or about January 2, 1981, and by operation of law, the property passed unto Virginia A. Truitt, Elizabeth A. Cheyney and Katheyn A. Cannon, her daughters.
The said Virginia A. Truitt departed this life, intestate, on or about October 12, 2002, and by operation of law, the property passed unto Clifford W. Truitt, Jr. her son.
The said Elizabeth A. Truitt departed this life on or about April 30, 1997, and by operation of law, the properly passed unto William J. Cheyney, her husband. The said William J. Cheyney, departed this life on or about October 29, 1993, and by operation of law, the property passed unto William James Cheyney, his son.
The said William James Cheyney by that certain Quickclaim Deed dated May 20, 2003, did convey one-half of his one-third right, title and interest in and to the subject property unto Clifford W. Truitt Jr., and the remaining
one-half of his one¬-third interest unto Katherine Brong and Ruth Ann Mc Dougall.
The said Kathryn A. Cannon departed this life, intestate, on or about December 28, 1998, and by operation of law, the properly passed unto Kathryn Brong (a/k/a Katherine Brong) and Ruth Anne Mac Dougall (a/k/a Ruth Ann Mc Dougall) her daughters.

Sussex County, DE Tax Parcel No.: 2-33-11.00-268.00
All that certain piece, parcel of lot of land, lying and being situated in Dagsboro, Dagsboro Hundred, Sussex County, Delaware, and lying on the North side of highway leading from D.M.V. railroad to DuPont highway, and being Lot No.3 in a plot of land layed out of Clara A. Archer, by Isaac L. Bennett, bounded and described as follows, to wit:
BEGINNING at the stake driven on first mentioned Highway Right of way and corner for Feed Co. Lot formerly owned by Oscar Campbell; thence with said lot, North 26 degrees 24 minutes West, 350 feet to center of a ditch with a stake with a South bank; thence, down center of said ditch, south 61 degrees 36 minutes West, 990 feet to Lot No.2- with stake driven on South bank of said ditch; thence, with Lot 2 & 3, south 26 degrees 24 minutes East, 350 feet to a stake driven on North side of the aforesaid right of way; thence, with said Right way, North 62 degrees 36 minutes East, 90 feet to beginning, containing 31,500 square feet, more or less.
BEING the same lands conveyed unto Virginia A. Truitt and Clifford W. Truitt her husband, by deed of Clara. A. Archer dated May 18, 1951, and filed for record in the Office of the Recorder of Deeds, in and Sussex County, at Georgetown, Delaware, in Deed Book 408, page 569. The said Clifford W. Truitt departed this life on or about September 15, 1969, and by operation of law, the property passed unto Virginia A. Truitt his wife. The said Virginia A. Truitt departed this life on or about October 12, 2002, and by operation of law, the property passed unto Clifford W. Truitt, Jr. her son.

Sussex County, DE Tax Parcel No.: 2-33-11.00-270.00
TRACT NO. I: ALL those certain tract, piece and parcel of land, lying and being situate in Dagsboro Hundred, Sussex County, and State of Delaware, and on the west side of Pennsylvania Rail-road leading through Dagsboro, bounded and described as follows, to wit:
BEGINNING: At center of ditch at the Northwest corner of other lands of Adkins & Pepper; thence running N.26 ½° W., 1184 feet to a ditch with market Gum on South bank and lands of Elmer Layfield; thence with said ditch N. 65 ½ ° E., 639 feet to Pennsylvania Railroad right-of-way; thence with same about S. 9° E., 1163 feet to land of Adkins & Pepper, thence down center of ditch, S. 40 ½° W., 120 feet, S. 58° W., 172 feet, home to the place of beginning, containing 12-35/l00 acres of land, more or less.

EXCEPTING there from, a tract of 0.773 acres conveyed to Coastal Supply Co. Inc. by prior deed of Joseph A. Kollock, Sr., etux, and William B. Chandler, Jr., etux, dated January 1970 and record in the Office of the Recorder of Deeds, in Deed Book 655, page 583, and EXCEPTING ALSO, all that certain tract containing 1.461 acres conveyed to Coastal Supply Company, Inc., by prior deed of Joseph A. Kollock, Sr., etux, and William B. Chandler, Jr., etux, dated January 17, 1970 and of record in Deed Book 651, page 734.
BEING the same land conveyed to the parties of the first part by deed of Oscar H. Campbell and Mary D., his wife, dated May 2, 1951 said deed being of record in the Office of Recorder Deeds, in deed Book 401, page 220.

TRACT NO.2: ALL that certain piece and parcel or tract of land, lying in Dagsboro Hundred, Sussex County, and State of Delaware, and lying on the north side of the Stone Road leading from Dagsboro to the DuPont highway, bounded and described as follows, to wit:
BEGINNING: At a stake on the north side of aforesaid road and corner for land of Clara A. Archer; thence down said road, S. 63° W., 100 feet to a stake and corner for land of Harry Bunting; thence with said land, N. 26° W., 318 feet to the center of a ditch, S. 61° W 140 feet to land of Maude Donoway; thence with said land N. 26° W., 1225 to the center of a ditch with a stone on the south bank. Thence down said ditch with land of Elmer Layfield, N. 66° E., 489 feet to other land now or formerly of Edgar Gray heirs; thence with said Gray land S. 26° E., 1186 feet to the center of a ditch; thence down said ditch the tow following courses with land of Clara A. Archer, S. 62° W., 167 feet; S. 46 ¾, W., 115 feet; thence leave ditch, S. 26 ½° E., 319 feet, home to the place of beginning, containing 14.42 acres, more or less.

EXCEPTING THEREFROM, All that certain tract of land conveyed by the parties of the first part, named herein, to Clara A. Archer, dated October 8, 1954 and of record in Deed Book 440, page 102, and being more particularly described as follows:
ALL that certain piece, parcel or lot of land, lying and being situate in Dagsboro Hundred, Sussex County, Delaware, and lying on the north side of highway from Dagsboro to DuPont highway, bounded and described as follows:
BEGINN ING: At a stake on the north side of aforesaid highway right-of-way and corner for other lands of Joseph A. Kollock, et al.; thence with north right-of-way of aforesaid highway, westerly 100 feet to an iron pipe, a corner for a lot of Harry Bunting; thence with said Harry Bunting lot, N. 26° W., 318 feet to a point in a ditch with a cement and iron on the south bank of said ditch. Thence down said ditch with land of these Grantors, N. 61° E., 95 feet to a point in the said ditch and corner for other lands of Joseph A. Kollock, be the same, more or less.

TRACT 2: Being the same land conveyed to the parties of the first part by deed of Zale D. Donoway, widow, dated May 1951, and of record in the Office of the Recorder of Deeds Georgetown, Sussex County, Delaware, in Deed Book 401, page 221.

Tax Parcel: 2-33-11.00-77.00; 83.00; 264.00; 265.01; 267.00; 268.00 & 270.00
Property Address: Dagsboro, DE 19939

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 11/16/15. Sale subject to confirmation by the Superior Court on 11/20/15and 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
HKS PROPERTIES, LLC (16)
and will be sold by
Robert T. Lee, Sheriff

CP 20151009 2T