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:
1-34-8.00-165.00, Boat Slips I, M, S & T: ALL THOSE CERTAIN Units of real property existing under and by virtue of the Unit Property Act of the State of Delaware (25 Del. C, Section 2201, et seq.) known as BOAT SLIP I, BOAT SLIP M, BOAT SLIP S AND BOAT SLIP T in BETHANY MARINA TOWNHOMES situate in Baltimore Hundred, Sussex County, Delaware, as said condominium and , the above-designated Unit therein are more particularly shown and described in (1) the DECLARATION of BETHANY MARINA TOWNHOMES, dated June 19, 1990, and recorded in the Office of the Recorder of Deeds, in and for Sussex County, Delaware, in Deed Book 1762, Page 191 as subsequently amended via amendments of record in the Office of the Recorder of Deeds in and for Sussex County, last amended by the Corrective Eighth Amendment thereto dated April 12, 2005, and filed for record in the Office of the Recorder of Deeds, aforesaid, in Deed Book 3143 at Page 277; and (2) the DECLARATION PLAN OF BETHANY MARINA TOWNHOMES, prepared by McCann, Inc., dated December 31, 1990, and of record in the Office of the Recorder of Deeds, in and for Sussex County, Delaware, in Plot Book 45, Page 254, and as subsequently amended by amendment to the Declaration Plan recorded in the Office of the Recorder of Deeds in and for Sussex County, last amended by the Corrective 7th Amended Declaration Plan for Bethany Marina Townhouses, prepared by George, Miles & Buhr, LLC, as filed for record in the Office of the Recorder of Deeds in and for Sussex County, at Georgetown, Delaware, in Plot Book 93 at Page 088, all pursuant to the provisions of the Unit Property Act of the State of Delaware (25 Del. C., Section 2201, et seq.).
TOGETHER WITH a proportionate undivided interest in the common elements (both general and limited) of Bethany Marina Townhomes, as said Common Elements are more particularly bounded and described in the aforesaid Declaration and Declaration Plan.
BEING the same Boat Slips conveyed unto SPICER/HILL DEVELOPMENT GROUP, LLC, a Delaware limited liability company, by Deed of THE ESTATE OF ALFRED V. MELSON, SR., dated December 21, 2005, as filed for record in the Office of the Recorder of Deeds, aforesaid, in Deed Book 3249 at Page 305.
and
1-34-8.00-165.02 A. UNIT NOS. 65, 66, 67, 68 & 69
ALL THOSE CERTAIN Unit of Real Property existing under and by virtue of the Unity Property Act of the State of Delaware (25 Del. C. §2201, et seq.), known as Unit Nos. 65, 66, 67, 68 and 69 in the Bethany Marina Townhouses II Condominium established in the 8th Amendment to the Declaration as recorded in the Office of the Recorder of Deeds in Deed Book 3393, Page 257 and the Declaration Plan Amendment recorded in Plot Book 110, Page 33.
B. BOAT SLIPS 161, 162, 163, 164, 165, 166, 167, 168 & 170
Boat Slips 161, 162, 163, 164, 165, 166, 167, 168 and 170, as declared to be part of the Bethany Marina Townhouse Phase II Condominium.
C. ALL THE UNDERLYING PROPERTY TO BE INCORPORATED INTO THE BETHANY MARINA TOWNHOUSE II CONDOMINIUM
ALL THAT CERTAIN tract, piece and parcel of land situate lying and being in Baltimore Hundred, Sussex County, State of Delaware, designated and known as Parcel “B” as shown on a certain plot or survey of Property of Topside Marina Limited Partnership prepared by Mann Associates, Inc. dated July 20, 1984 and recorded in the Office of the Recorder of Deeds in and for Sussex County, at Georgetown, Delaware in Plot Book 30, Page 274.
Together with the twenty five foot (25’) wide access easement extending from the thirty foot (30’) wide private road and across Parcel “A” to Parcel “B” as shown on such plot or survey.
Together with the right of ingress and egress over the thirty foot (30’) wide private roadway running from County Road 357 commonly referred to as Parcel 6 of the lands of Topside Marina Limited Partnership, as conveyed by Deed of Stephen E. Rogers, Sheriff of Sussex County, and dated February 12, 1979, of record in the Office of the Recorder of Deeds aforesaid in Deed Book 939, Page 22.
Together with all of the buildings and improvements thereon, and all the rights, alleys, ways, waters, privileges, appurtenances and advantages to the same belonging or in any way appertaining, including, but not limited to, the benefits of said 25 foot wide access easement and right of ingress and egress over the 30 foot wide private roadway.
The above-described lands and premises are more particularly bounded and described in accordance with that certain Parcel Survey, dated April 8, 1991, prepared by Land Tech, Inc, Sheet 1 of 3, and the above-described twenty-five foot (25’) wide access easement to Parcel “B” is more particularly bounded and described in accordance with that certain Survey of Ingress and Egress easements dated April 8, 1991, prepared by Land Tech, Inc., Sheet 3 of 3 and the above-described thirty foot (30’) wide private roadway access easement for ingress and egress is more particularly shown on that certain Survey of Ingress and Egress Easements dated April 8, 1991, prepared by Land Tech, Inc., Sheet 3 of 3 that was to have been recorded in the Office of the Recorder of Deeds aforesaid, immediately prior or after the recordation thereamong of the Deed referenced above filed in Deed Book 2001, Page 286, which should be reviewed for the complete description.
In addition, the party of the first part, grantor hereunder, hereby grants and conveys unto the said party of the second party, grantee hereunder, its successors and assigns, all of the right, title and interest of the party of the first part, grantor hereunder, if any, in and to that certain (a) waste water treatment plant located on Tract 2 of the lands formerly of N/F Tengees Limited Partnership, as located in Baltimore Hundred, Sussex County, Delaware (Tax Map 1-34-09: Parcel 678) (incorrectly identified as Parcel 67.8 in the Deed referenced above at Deed Book 2001, Page 286) as such tract 2 is more particularly described in that certain sheriff’s deed dated January 13, 1988, to Shenandoah Federal Savings Bank, as recorded in the Office of the Recorder of Deeds aforesaid, in Deed Book 1542, at Page 164, and (b) well-water system located on Tract 1 of the lands formerly of N/F Tengees Limited Partnership, as located in Baltimore Hundred, Sussex County, Delaware (Tax Map 1-34-05; Parcel 165), as such Tract is more particularly described in that certain sheriff’s deed dated January 13, 1988, to Shenandoah Federal Savings Bank, as recorded in the Office of the Recorder of Deeds aforesaid in Deed Book 1542, at Page 164.
EXCEPTING AND RESERVING THEREFROM Boat Slips 111, 113, 124 and 150 as shown on the Seventh Amended Declaration Plan for Bethany Marina Townhouses Phase II Condominium, as filed for record in the Office of the Recorder of Deeds, aforesaid, in Plot Book 70 at page 054.
LESS AND EXCEPT, AND EXCLUDING THEREFROM, the following tracts, pieces, and parcels of land, situate, lying and being in Baltimore Hundred, Sussex County, State of Delaware, as described in the Condominium Declarations and Declaration Plans for Bethany Marina Townhouse, Phase II above, via the following deeds conveyances; 1) Unit 36; 2) Unit 37; 3) Unit 38; 4) Unit 39; 5) Unit 40; 6) Unit 41; 7) Unit 42, Boat Slip 106, and Boat Slip 107; 8) Unit 43 and Boat Slip 109; 9) Unit 44 and Boat Slip 110; 10) Unit 45 and Boat Slip 112; 11) Unit 46 Boat Slip 114 and Boat Slip 115; 12) Unit 47, Boat Slip 118, and Boat Slip 119; 13) Unit 48 and Boat Slip 120; 14) Unit 49, Boat Slip 122, and Boat Slip 123; 15) Unit 50 and Boat Slip 125; 16) Unit 54 and Boat Slip 105; 17) Unit 55 and Boat Slip 104; 18) Unit 56 and Boat Slip 103; 19) Unit 57 and Boat Slip 102; 20) Unit 58, and Boat Slip 101; 21) Unit 59 and Boat Slip 100; 22) Unit 73 and Boat Slip 141; 23) Unit 74 and Boat Slip 140; 24) Unit 75 and Boat Slip 139; 25) Unit 76 and Boat Slip 138; 26) Unit 77 and Boat Slip 137; 27) Unit 78 and Boat Slip 136; 28) Unit 79 and Boat Slip 134, as recorded in the Office of the Recorder of Deeds aforesaid in Deed Book 2543, Page 182; 29) Unit 80 and Boat Slip 133; 30) Unit 81 and Boat Slip 128; 31) Unit 82 and Boat Slip 132; 32) Unit 83 and Boat Slip 135; 33) Unit 84; 34) Unit 85 and Boat Slip 131; 35) Unit 86; 36) Unit 87 and Boat Slip 127; 37) Unit 88, Boat Slip 129 and Boat Slip 130; 38) Unit 89; 39) Unit 90 and Boat Slip 151; 40) Unit 91 and Boat Slip 117; 41) Unit 92 and Boat Slip 116; 42) Unit 93 and Boat Slip 148; 43) Unit 94 and Boat Slip 145; 44) Unit 95 and Boat Slip 143; 45) Unit 96 and Boat Slip 149; 46) Unit 97 and Boat Slip 144; 47) Unit 98 and Boat Slip 152; 48) Unit 99 and Boat Slip 147; 49) Unit 100 and Boat Slip 142; 50) Unit 101 and Boat Slip 146; 51) Unit 102 and Boat Slip 154; 52) Unit 103 and Boat Slip 157; 53)Unit 104; 54) Unit 105 and Boat Slip 155; 55) Unit 106; 56) Unit 107 and Boat Slip 153; 57) Unit 108 and Boat Slip 156; 58) Boat Slip 126.
The deeds for such Units and Boat Slips are of record in the Office of the
Recorder of Deeds in and for Sussex County. The pleading information of the Units and Boat Slips are identified in the Praecipe of record with the Delaware Superior Court in and for Sussex County in case number 08L-04-023 THG.
BEING THE SAME lands conveyed unto SPICER/HILL DEVELOPMENT GROUP, LLC, a Delaware limited liability company, by Deed of BETHANY MARINA LIQUIDATING TRUST, dated December 21, 2005, as filed for record in the Office of the Recorder of Deeds, aforesaid, in Deed Book 3249 at page 309.
Except and release from the Mortgage being foreclosed:
Unit 72 and Boat Slip 171, by virtue of a Release of Lien of Mortgage as recorded in the Office of the Recorder of Deeds aforesaid in Mortgage Book 951, Page 163;
Unit 70 by virtue of a Release of Lien of Mortgage as recorded in the Office of the Recorder of Deeds aforesaid in Mortgage Book 961, Page 319;
D. SUBEQUEOUS LANDS LEASE
ALL of the Mortgage’s right, title and interest in, to and under a certain Subaqueous Lands Lease issued by the a Delaware Department of Natural Resources and Environmental Control on November 22, 2005, in favor of Bethany Marina Liquidating Trust, recorded in the Office of the Recorder of Deeds, aforesaid, in Deed Book 3234 at page 254; and assigned to Mortgagor by Assignment of even date herewith, together with all improvements authorized to be constructed thereunder.
E. THE ASSIGNED DECLARANTS RIGHTS TO COMPLETE THE BETHANY MARINA TOWNHOUSE II CONDOMINIUM
The in rem judgment confirms that Mortgagee has foreclosed on any and all rights of Defendant as successor in interest to Bethany Marina, Inc., as the Declarant, under the Declaration, along with the Powers of Attorney granted to Bethany Marina, Inc. and assigned to Defendant and thereby pledged to Mortgagee enabling and entitling the highest and best bidder to obtain under the deed, as a result of the foreclosure sale, the right to complete and expand the Bethany Marina Townhouse II Condominium and to declare any and all currently unimproved areas within the Bethany Marina Townhouse II Condominium as units, common elements and boat slips as provided in the Declaration.
Pre-sale Open House:
Saturday August 16 and Sunday August 17th from 1:00 - 4:00 PM
For Open House Details: Contact Troy Wilson (410) 654-2777
Tax Parcel: 1-34-8.00-165.00, Boat Slips I, M, S & T & 1-34-8.00-165.02
Property Address: Not Available
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
SPICER HILL DEVELOPMENT GROUP, LLC
and will be sold by
Eric D. Swanson, Sheriff
CP 20080808 2T