Tax Map # 1-34-5.00-5.00-31
ALL that certain Unit 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 UNIT NO. THIRTY ONE (31) in INDIAN HARBOR VILLAS situate in Baltimore
Hundred, Sussex County, Delaware, as said condominium and the above described
Unit therein are more particularly described in (1) the Declaration Submitting
Real Property to Provisions of Unit Property Act of INDIAN HARBOR VILLAS, dated
August 14, 1985 and recorded August 21, 1985, in the Office of the Recorder of
Deeds, in and for Sussex County, Delaware, in Deed Book 1360, Page 135, and
amended by First Amendment dated August 1985 as recorded in the Office
aforesaid, in Deed Book 1360, Page 252, and amended by Second Amendment recorded
June 10, 1986, in the Office aforesaid, in Deed Book 1419, Page 239, and revised
Second Amendment to Declaration was recorded August 28, 1986 in the Office
aforesaid, in Deed Book 1437, Page 301, and (2) the Declaration Plan of INDIAN
HARBOR VILLAS, prepared by John C. Cahill, Architect and Vaughn A. Wimbrow &
Associates, dated July 22, 1985 and of record in the Office of the Recorder of
Deeds, in and for Sussex County, Delaware, in Plot Book 33, Page 26, as amended
by First Amended Plan dated August 1985, as prepared by John C. Cahill,
architect, and Vaughn A. Wimbrow & Associates, and recorded in the Office of the
Recorder of Deeds in and for Sussex County, Georgetown, Delaware in Plot Book
33, page 34; and Second Amended Plan recorded in the Office aforesaid, in Plot
Book 34, page 276, all pursuant to the provisions of the Unit Property Act of
the State of Delaware (Del. C. Section 2201, et. seq.).
TOGETHER WITH a proportionate undivided interest in the common elements of
INDIAN HARBOR VILLAS, as said Common Elements are more particularly bounded and
described in the aforesaid Declaration and Declaration Plant, which
proportionate undivided interest as a whole equals 4.167% (THE PERCENTAGE OF
COMMON ELEMENTS HEREIN CONVEYED IS SUBJECT TO REDUCTION AS PROVIDED FOR IN THE
DECLARATION) -
AND TOGETHER with all other rights, title interest and privileges provided for
or created by the statue aforesaid (25 Del. C. Section 2201, et. seq.), for or
in the owners of the property made subject to the provisions of the Unit
Property Act.
BEING the same lands conveyed unto Yupa Sullivan by Deed of Indian Harbor, Inc.,
a Delaware corporation, dated October 15, 1986 and recorded in the Office of the
Recorder of Deeds, in and for Sussex County, at Georgetown, Delaware, in Deed
Book 1449, Page 37.
SUBJECT, HOWEVER, to the following provisions:
1. The grantees, for and on behalf of the grantees and the grantees heirs,
personal representatives, successors and assigns, by the acceptance of this Deed
covenant and agree to pay said charges for the maintenance of, repairs to,
replacement of and expenses in connection with the Council in accordance with
the “Unit Property Act” of the Delaware (Chapter 22 of Title 25 of the Delaware
Code) and further covenants and agrees that the Unit conveyed by this Deed shall
be subject to a charge for all amounts so assessed and that except insofar as
Sections 2236 and 2237 of Title 25 of the Delaware Code may relieve a subsequent
unit owner of liability for prior unpaid assessments, it is expressly covenanted
and agreed that such charge or charges aforesaid shall always be subordinate to
and inferior to any first mortgage on said Unit, this covenant shall run with
and bind the land of Unit hereby conveyed and all subsequent owners thereof.
2. All the rules, regulations, restrictions, covenants, conditions, provisions
of the aforesaid Declaration and any Amendments thereof/and Code of Regulations
as may be further amended from time to time, the same as if such were herein set
forth at length. The Code of Regulations dated August 14, 1985, is recorded in
the Office aforesaid, in Deed Book 1360, Page 159, and amended in Deed Book
1377, Page 351, and further amended in Deed Book 1419, Page 237.
SUBJECT, ALSO, to a Deed Easement, dated August 14, 1985, as filed of record in
the Office of the Recorder of Deeds as aforesaid in Deed Book 1360, Page 132.
This granted Indian Harbor, Inc., a perpetual easement to construct additional
buildings as shown on the aforesaid Declaration Plan.