By virtue of a writ of Levari Facias, to me directed,
will be exposed to Public sale on:
Tuesday, August 19, 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:
ALL THAT certain lot, piece or parcel of land, situate, lying and being in Baltimore Hundred, Sussex County, State of Delaware, being known and designated as LOT NUMBER THREE HUNDRED TEN (310), a/k/a 11287 Signature Boulevard in the Residential Planned Community known as AMERICANA BAYSIDE (a/k/a Bayside), as more particularly bounded and described on the Amended MR-RPC Plat for Phase lA Town Center Americana Bayside, prepared by George, Miles & Buhr, L.L.C. ("GMB, LLC"), dated January 27, 2005, as filed for record in the Office of the Recorder of Deeds in and for Sussex County, at Georgetown, Delaware in Plot Book 91 at page 132 (as amended in Plot Book 95 at page 300); Amended Preliminary/Final Site Plans for Phase IB, Americana Bayside, prepared by GMB LLC, dated December 22, 2004, as filed for record in the Office of the Recorder of Deeds, aforesaid, in Plot Book 91 at page 149 (as amended in Plot Book 103 at page 007; and as further amended in Plot Book 108 at page 129); Amended MR-RPC Plat for Phase 2 Town Center, AMERICANA BAYSIDE, prepared by GMB, LLC, dated January 31, 2005, as filed for record in the Office of the Recorder of Deeds, in and for Sussex County, at Georgetown, Delaware, in Plot Book 91 at page 143 (as amended in Plot Book 103 at page 011); Amended MR-RPC Plat for Phase 3 Town Center, Americana Bayside, prepared by GMB, LLC, dated January 31, 2005, as filed for record in the Office of the Recorder of Deeds, aforesaid, in Plot Book 91 at page 138 (as amended in Plot Book 100 at page 277, and as further amended in Plot Book 103 at page 335); Final Site Plans and MR-RPC Plat for Phase 4, Americana Bayside, prepared by GMB, LLC, dated February 17, 2005, as filed for record in the Office of the Recorder of Deeds, aforesaid, in Plot Book 92 at page 151 (as amended in Plot Book 103 at page 011, and as further amended in Plot Book 105 at page 126); Final Site Plan and MR-RPC Plat for Phase 5 and 8, Americana Bayside, prepared by GMB, LLC, dated March 08, 2005, as filed for record in the Office of the Recorder of Deeds, aforesaid, in Plot Book 92 at page 156 (as amended in Plot Book 104 at page 320, and as further amended in Plot Book 106 at page 303 (this amendment applies to Phase 8 only); Final Site Plan and MR-RPC Plat for Phase 7 A and 9A, Americana Bayside, prepared by GMB, LLC, dated January 25, 2006, as filed for record in the Office of the Recorder of Deeds, aforesaid, in Plot Book 103 at page 001; Final Site Plan and MR - RPC Plat for Phase 7B and 9B, Americana Bayside, prepared by GMB, LLC, dated January 25, 2006, as filed for record in the Office of the Recorder of Deeds, aforesaid, in Plot Book 102 at page 349; Final Site Plan and MR-RPC Plat for Phase lOA, Americana Bayside, prepared by GMB, LLC, dated, January 25, 2006, as filed for record in the Office of the Recorder of Deeds, aforesaid, in Plot Book 102 at page 344; Final Site Plan and MR-RPC Plat for Phase lOB, Americana Bayside, prepared by GMB, LLC, dated January 25, 2006, as filed for record in the Office of the Recorder of Deeds, aforesaid, in Plot Book 102 at page 340; Final Site Plan and MR-RPC Plat for phase 11, Americana Bayside, prepared by GMB, LL.C, dated March 10, 2006, as filed for record in the Office of the Recorder of Deeds, aforesaid, in Plot Book 104 at page 316; and Final Site Plan and MR-RPC Plat for Phase 13, Americana Bayside, prepared by GMB, LLC, dated August 10, 2006, as filed for record in the Office of the Recorder of Deeds, aforesaid, in Plot Book 108 at page 125; and being more particularly described according to a survey prepared by Steven M. Adkins dated September 26. 2006, as follows, to wit:
Commencing at a iron pin at a point of tangency on the Northeasterly right of way signature boulevard near Day Lily Parkway also being the point of beginning; thence by and with the right of way of Signature Boulevard North 13° 07 53" West for a distance of 13.29' to a point on the line of lot 311; thence by and with lot 311 through a shared wall north 76° 52' 07' east for a distance of 86.50' to a point on the line of lot 316; thence by and with lot 316 south 13 ° 07' 53' east for a distance of 84.17' to a point on the right of way of Day Lily Parkway; thence by and with said right of way the following courses and distances on a arc to the right and having a radius of 25.00' and a arc length of 6.23' and subtended by a chord bearing of north 46° 18' 07" west and a chord length of 6.22' to a point; thence on a arc to the left and having a radius of 73.00 and a arc length of 75.92' and subtended by a chord bearing of north 68° 56' 59" west and a arc length of 72.54' to a point; thence by and with the arc that connects the right of way of Day Lily Parkway to the right of way of Signature Boulevard and having a radius of25.00' and a arc length of 37.35' and subtended by a chord bearing of north 55° 56' 12" west and a chord length of 33.98' to the point of beginning containing 4071.2 square feet or 0.09 acres more or less and being subject to a ingress, egress easement as shown in plot book 104 at page 322 in the Recorder of Deeds for Sussex county, state of Delaware.
AND BEING a part of the same lands and premises conveyed unto CARL M. FREEMAN COMMUNITIES L.L.C., a Delaware limited liability company, by Deed of CMF BAYSIDE L.L.C., a Delaware limited liability company, dated October 05, 2006 and as filed for record in the Office of the Recorder of Deeds, aforesaid, on October 10, 2006 in Deed Book 3370 at page 225.
AND BEING the same lands and premises by Carl M. Freeman Communities, L.L.C., a Delaware limited liability company, by Deed dated October 31, 2006 and recorded in the Office of the Recorder of Deeds in and for Sussex County and State of Delaware did grant and covey unto John F. Graff and Brian Maglione.
Tax Parcel: 5-33-19.00-1065.00
Property Address: 11287 Signature Boulevard, 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 September 2, 2008. Sale subject to confirmation by the Superior Court on September 5, 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
BRIAN MAGLIONE & JOHN F. GRAFF
and will be sold by
Eric D. Swanson, Sheriff
CP 20080808 2T