SHER                                                      SHERIFF SALE

By virtue of a writ of Levari Facias, to me directed, will be exposed to Public sale on:

Tuesday, January 19, 2010

                                              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 and parcel of land, together with improvements thereon, situate, lying and being in Lewes and Rehoboth Hundred, Sussex County, Delaware, being a lot in the subdivision known as Holland Glade Subdivision, which subdivision is set forth in a plot of the same consisting of a title sheet and six plots of the subdivision broken down in Phases One through Six, with said title sheet and plots of record in the Office of the Recorder of Deeds, in and for Sussex County, at Georgetown, Delaware in Plot Book 36 at Page 11 through 17, with the lot being conveyed herein being known and designated as LOT NO. 117, PHASE 6, as more particularly shown on said plot of Holland Glade Subdivision in Plot Book 36, at Page 11, et seq., as revised by Plot of the Glade Subdivision, revised on June 15, 1994, and recorded on June 21, 1994, of record in the Office aforesaid, in Plot Book 52, Page 220, et seq., as further revised by revision to Plot dated November 17, 1994, in Plot Book 53, Page 189, et seq., as further revised in Plot dated November 21, 1994 and of record in the Office aforesaid in Plot Book 53, Page 193, et seq., and being bounded and described in a survey from Wingate & Eschenbach, LLC, Registered Surveyors, dated May 26, 2005, as follows, to wit:

BEGINNING at a found % inch pipe in the southerly right of way line of Glad Circle West, being a comer for this Lot No. 117 and Lot No. 116, thence running along the line of Lot 117 and Lot 116, South 08 degrees 18 minutes 23.4 seconds West, 176.00 feet to a found 1/2 inch pipe, being a comer of this Lot No. 117 and Lot No. 116; thence, turning and running along the line of Lot 117 and the Recreation Area, North 81 degrees 41 minutes 36.6 seconds West, 124.00 feet to a found 1/2 inch pipe, being a comer of this Lot No. 117 and Lot No. 118; thence, turning and running along the line of this Lot 117 and Lot 118, North 08 degrees 18 minutes 23.4 seconds East, 176.00 feet to a found 1/2 inch pipe, being a comer for this Lot No. 117 and Lot No. 118; thence, turning and running along the Right of Way of Glade Circle West, South 81 degrees 41 minutes 36.6 seconds East, 124.00 feet to the place of beginning, be the contents thereof what they may, together with any and all improvements therein.

AND BEING the same lands and premises conveyed unto SCOTT D. SMITH AND KATHLEEN R. SMITH, his wife by deed of Kimberly Wagner, dated May 27, 2005 and recorded in the Office of the Recorder of Deeds in and for Sussex County, Delaware in Deed Book 3149, Page 224.

Tax Parcel: 3-34-7.00-260.00

Property Address: 136 Glade Cr., Rehoboth Beach

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 February 15, 2010. Sale subject to confirmation by the Superior Court on February 19, 2010 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

KATHLEEN R. & SCOTT D. SMITH

and will be sold by

Eric D. Swanson, Sheriff