Sheriff Sale: Montague

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 certain Unit known as UNIT NO. 141, PHASE I, STAGE XIII, in the Condominium known as MALLARD LAKES CONDOMINIUM, situate, lying and being in Baltimore Hundred, Sussex County, Delaware, being more particularly bounded and described in the Declaration of Gray Farm Farmers, a Delaware partnership, dated August 14, 1986, as filed for record in the office of the recorder of Deeds, in and for Sussex County, at Georgetown, Delaware, in Deed Book 1440 at Page 3; and the Second Amendment to Declaration dated October 3, 1986, as filed for record in the Office aforesaid in Deed Book 1446 at page 14; and the Third Amendment to Declaration dated October 23, 1986; and the Fourth Amendment to Declaration dated December 8, 1986, as filed for record in the Office aforesaid in Deed Book 1459 at Page 317; and the fifth Amendment to Declaration dated December 15, 1986, as filed for record in the Office aforesaid in Deed Book 1461 at Page 341; and the Sixth Amendment to Declaration dated February 13, 1987, as filed for record in the Office aforesaid in Deed Book 1474 at Page 330; and the Seventh Amendment to Declaration dated March 13, 1987, as filed for record in the Office aforesaid in Deed Book 1479 at Page 215; and the Eighth Amendment to Declaration dated April 28, 1987 as filed for record in the Office aforesaid in Deed Book 1487 at Page 214; and the Ninth Amendment to Declaration dated June 3, 1987, as filed for record in the Office aforesaid in Deed Book 1497 at Page 36; and the Tenth Amendment to Declaration dated July 20, 1987, as filed for record in the Office aforesaid in Deed Book 1506 at Page 118; and the Eleventh Amendment to Declaration dated August 4, 1987, as filed for record in the Office aforesaid in Deed Book 1510 at Page 98; and the Twelfth Amendment to Declaration dated September 14, 1987, as filed for record in the Office aforesaid in Deed Book 1517 at Page 221; and in the Recided Twelfth Amendment to Declaration dated October 2, 1987, as filed for record in the Office aforesaid in Deed Book 1521 at Page 276; and the Thirteenth Amendment to Declaration dated October 6, 1987, as filed for record in the Office aforesaid in Deed Book 1522 at Page 98; and the Fourteenth Amendment to Declaration dated November 5, 1987, as filed for record in the Office aforesaid in Deed Book 1529 at Page 98; and the Fifteenth Amendment to Declaration dated April 29, 1988, as filed for record in the Office aforesaid in Deed Book 1562 at Page 138; and the Sixteenth Amendment to Declaration dated April 26, 1989, as filed for record in the Office aforesaid in Deed Book 1643 at Page 64; and the Seventeenth Amendment to Declaration recorded on August 3, 1989, in the office aforesaid in Deed Book 1663 at Page 311; and the Eighteenth Amendment to Declaration recorded on August 24, 1989, in the Office aforesaid in Deed Book 1668 at page 1; and the Nineteenth Amendment to Declaration recorded on October 4, 1989, in the Office aforesaid in Deed Book 1676 at Page 119; and the Twentieth Amendment to Declaration recorded on November 6, 1989, in the office aforesaid in Deed Book 1682 at Page 197; and the Twentytirst Amendment to Declaration recorded on March 8, 1990, in the Office aforesaid in Deed Book 1703 at Page 292; and the Twenty-Second Amendment to Declaration recorded on July 9, 1990, in the Office aforesaid in Deed Book 1726 at Page 125; and the Supplement to the Twenty-second Amendment to Declaration recorded August 1, 1990, in the Office aforesaid in Deed Book 1730 at Page 92; and the Twenty-Third Amendment to Declaration recorded November 20, 1990, in the Office aforesaid in Deed Book 1751 at Page 198; and the Twenty-Fourth Amendment to Declaration recorded July 16, 1991, in the Office aforesaid in Deed Book 1792 at Page 203; and the Twenty-Fifth Amendment to Declaration dated October 21, 1991, and filed for record in the Office aforesaid in Deed Book 1821 at Page 165; and the Twenty-Seventh Amendment to Declaration dated May 29, 1992, and filed for record in the Office aforesaid in Deed Book 1849 at Page 328; and the Twenty-Eighth Amendment to Declaration dated November 19. 1992 and filed for record in the Office aforesaid in Deed Book 1881 at Page 91; and the Twenty-Ninth Amendment to Declaration dated July 1, 1993, and filed for record in the Office aforesaid in Deed Book 1920 at Page 152; and the Thirtieth Amendment to Declaration dated December 6, 1993, and filed for record in the Office aforesaid in Deed Book 1949 at Page 27; and the Thirty-First Amendment to Declaration dated April 27, 1994, and filed for record in the Office aforesaid in Deed Book 1975 at Page 295; and in the Declaration Plan of MALLARD LAKES CONDOMINIUM prepared by C. Kenneth Carter, Registered Surveyor, dated August 13, 1986, as filed for record in the Office aforesaid in Plot Book 35 at Page 161, (the "Declaration Plan", Phase I, Stage II); and the Declaration Plan amended to incorporate Phase I, Stage III, dated September, 1986, as filed for record in the Office aforesaid in Plot Book 35 at Page 224; and the Declaration Plan amended to incorporate Phase I, Stage IV, dated September 29, 1986, as filed for record in the Office aforesaid in Plot Book 35 at Page 275; and the Declaration Plan amended to incorporate Phase I, Stage V, dated October 11, 1986, as filed for record in the Office aforesaid in Plot Book 35 at Page 308; and the Declaration Plan amended to incorporate Phase I, Stage VI, dated November 18, 1986, as filed for record in the Office aforesaid in Plot Book 36 at Page 84; and the Declaration Plan amended to incorporate Phase I, Stage VII, dated December 12, 1986, as filed for record in the Office aforesaid in Plot Book 36 at Page 121; and the Declaration Plan amended to incorporate Phase I, Stage VIII, dated January 30, 1987, as filed for record in the Office aforesaid in Plot Book 36 at page 234; and the Declaration Plan amended to incorporate Phase I, stage IX, dated January 29, 1987, as filed for record in the Office aforesaid in Plot Book 36 at Page 299; and the Declaration Plan amended to incorporate Phase I, Stage XI, dated April 27, 1987, as filed for record in the Office aforesaid in Plot Book 37 at Page 24; and the Declaration Plan amended to incorporate Phase I, Stage XII, dated June 3, 1987, as filed for record in the Office aforesaid in Plot Book 37 at Page 125; and the Declaration Plan amended to incorporate Phase I, Stage XIII, dated July #,1987, as filed for record in the Office aforesaid in Plot Book 37, at Page 235; and the Declaration Plan amended to incorporate Phase I, Stage XIV. Dated August, 1987, as filed for record in the Office aforesaid in Plot Book 37 at Page 301; and the Declaration Plan amended to incorporate Phase I, Stage XV, dates September, 1987, as filed for record in the Office aforesaid in Plot Book 38 at Page 31; and the Declaration Plan amended to incorporate Phase I, Stage XVI, dated September 30, 1987, as filed for record in the Office aforesaid in Plot Book 38 at Page 88; and the Declaration Plan amended to incorporate Phase I, Stage XVII, dated October 26, 1987, as filed for record in the Office aforesaid in Plot Book 38 at Page 141; and the Declaration Plan amended to incorporate Phase I, Stage XVIII, dated April 29, 1988, as filed for record in the Office aforesaid in Plot Book 39 at Page 176; and the Declaration Plan amended to incorporate Phase I, XIX, dated April 21, 1989, as filed for record in the Office aforesaid in Plot Book 41 at Page 336; and the Declaration Plan amended to incorporate Phase I, Stage XX, dated July 28, 1989 as filed for record in the Office aforesaid in Plot Book 42 at Page 207; and the Declaration Plan amended to incorporate Phase I, Stage XXI, dated August 11, 1989, as filed for record in the Office aforesaid in Plot Book 42 at Page 265; and the Declaration Plan amended to incorporate Phase I, Stage XXII, dated September 20, 1989, as filed for record in the Office aforesaid in Plot Book 42 at Page341 ; and the Declaration Plan amended to incorporate Phase I, Stage XXIII, dated October 20, 1989, as filed for record in the Office aforesaid in Plot Book 43 at Page 59; and the Declaration Plan amended to incorporate Phase I, Stage XXIV, dated January 4, 1990, as filed for record in the Office aforesaid in Plot Book 43 at Page 324; and the Declaration Plan amended to incorporate Phase I, Stage X, dated June 21, 1990, as filed for record in the Office aforesaid in Plot Book 44 at Page 220; and supplement to Declaration Plan amended to incorporate Phase I, Stage X, filed for record in the Office aforesaid in Plot Book 44 at Page 260; and the Declaration Plan amended to incorporate Phase I, Stage XXV, dated October 22, 1990, as filed for record in the Office aforesaid in Plot Book 45 at Page 160; and the Declaration Plan amended to incorporate Phase I, Stage XXVI, dated July 8, 1991, as filed for record in the Office aforesaid in Plot Book 46 at Page 247; and the Declaration Plan amended to incorporate Phase I, Stage XXVII, dated October 8, 1991, as filed for record in the Office aforesaid in Plot Book 47 at Page 24; and the Declaration Plan amended to incorporate Phase I, Stage XXVIII, dated December 16, 1991, as filed for record in the Office aforesaid in Plot Book 47 at Page 219; and the Declaration Plan amended to incorporate Phase I, Stage I, Part A, dated May 4, 1992, as filed for record in the Office aforesaid in Plot Book 48 at Page 138; and the Declaration Plan amended to incorporate Phase I, Stage XXIX, dated November 12, 1992, as filed for record in the Office aforesaid in Plot Book 49 at Page 141; and the Declaration Plan amended to incorporate Phase I, Stage XXX, dated June 28, 1993, as filed for record in the Office aforesaid in Plot Book 50 at Page 250; and the Declaration Plan amended to incorporate Phase I, Stage I, Part B, dated November 29, 1993, as filed for record in the Office aforesaid in Plot Book 51 at Page 195; and the Declaration Plan amended to incorporate Phase l, Stage I, Part C, dated March 19, 1994, as filed for record in the Office aforesaid in Plot Book 52 at Page 102, all pursuant to the provisions of the Unit Property Act of the State of Delaware, Title 25, Section 2201, et. seq. of the Delaware Code, said property being subject to a Code of Regulations of record in the Office aforesaid in Deed Book 1434 at Page 266(the "Code of regulations").

Being the same lands and premises which Glenn C. Moore, SR. and Joyce Ann Moore did grant and convey unto Patrick Montague, by deed dated October 21, 1999 and recorded on October 22, 1999 in the Office of the Recorder of Deeds, in and for Sussex County, State of Delaware, in Deed Book 2432 at Page 1.

Tax Parcel: 5-33-20.00-4.00 UNIT 141
Property Address: 38287 MALLARD LAKES, 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
PATRICK MONTAGUE
and will be sold by
Jeff Christopher, Sheriff
CP 20120210 2T