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FIRST INSERTION
NOTICE OF TRUSTEE FORECLOSURE PROCEDURE
UNDER SECTION 721.855, FLORIDA STATUTES
YOU ARE NOTIFIED that a trustee foreclosure procedure under Section 721.855, Florida Statutes, has been instituted by Sea Club V Condominium Association, Inc., a Florida not-for-profit corporation, created pursuant to Chapter 721, Florida Statutes, to operate, manage and maintain the property commonly known as Sea Club V, as defined in and subject to the provisions of the Declaration of Condominium for Sea Club V as recorded in Official Records Book 1422, Page 293, et seq., of the Public Records of Sarasota County, Florida, against the following Obligors (Owners) of the specified Unit Weeks:
NAME OF OWNER UNIT / WEEK TOTAL AMOUNT DUE PER DIEM
DORINDA LORD 104 / 34 $1,874.55 $0.30
DONALD J. WENDELL AS TRUSTEE FOR THE CARLTON J. WENDELL AND MARGARET G. WENDELL TRUST DATED 27 JANUARY 1998 114 / 19 $3,379.85 $0.79
PETER PAGNUCCO
TINA PAGNUCCO 104 / 23 $2,813.16 $0.66
The address of Sea Club V Condominium Association, Inc., the Lienholder, and the location of the Resort, is 6744 Sarasea Circle, Sarasota, FL 34242. Pursuant to a Notice of Appointment of Non-Judicial Timeshare Foreclosure Trustee recorded in Official Records Instrument Number 2011028960, Public Records of Sarasota County, Florida, Sea Club V Condominium Association, Inc., has appointed RICHARD A. ULRICH as its Trustee for the purposes of performing the trustee foreclosure of assessment liens pursuant to Section 721.855, Florida Statutes. The name and address of the Trustee is Richard A. Ulrich, Esq., Judd, Ulrich, Scarlett, Wickman & Dean, P.A., 2940 S. Tamiami Trail, Sarasota, Florida 34239. Telephone: 941-955-5100. Facsimile: 941-953-2485.
IF YOU FAIL TO CURE THE DEFAULT AS SET FORTH IN THIS NOTICE OR TAKE OTHER APPROPRIATE ACTION WITH REGARD TO THIS FORECLOSURE MATTER, YOU RISK LOSING OWNERSHIP OF YOUR TIMESHARE INTEREST THROUGH THE TRUSTEE FORECLOSURE PROCEDURE ESTABLISHED IN SECTION 721.855, FLORIDA STATUTES. YOU MAY CHOOSE TO SIGN AND SEND TO THE TRUSTEE THE ENCLOSED OBJECTION FORM, EXERCISING YOUR RIGHT TO OBJECT TO THE USE OF THE TRUSTEE FORECLOSURE PROCEDURE. UPON THE TRUSTEE'S RECEIPT OF YOUR SIGNED OBJECTION FORM, THE FORECLOSURE OF THE LIEN WITH RESPECT TO THE DEFAULT SPECIFIED IN THIS NOTICE SHALL BE SUBJECT TO THE JUDICIAL FORECLOSURE PROCEDURE ONLY. YOU HAVE THE RIGHT TO CURE YOUR DEFAULT IN THE MANNER SET FORTH IN THIS NOTICE AT ANY TIME BEFORE THE TRUSTEE'S SALE OF YOUR TIMESHARE INTEREST. IF YOU DO NOT OBJECT TO THE USE OF THE TRUSTEE FORECLOSURE PROCEDURE, YOU WILL NOT BE SUBJECT TO A DEFICIENCY JUDGMENT EVEN IF THE PROCEEDS FROM THE SALE OF YOUR TIMESHARE INTEREST ARE INSUFFICIENT TO OFFSET THE AMOUNTS SECURED BY THE LIEN.
At any time before the Trustee issues a certificate of sale in the foreclosure procedure, you may cure the default and redeem your Unit Week(s) by paying the amount set forth above, plus the applicable per diem charge, in cash or certified funds to the Trustee. Certified funds should be made payable to Judd, Ulrich, Scarlett, Wickman & Dean, P.A., and all payments should be mailed to Judd, Ulrich, Scarlett, Wickman & Dean, P.A., 2940 S. Tamiami Trail, Sarasota, FL 34239. After the Trustee issues the certificate of sale, there is no right of redemption.
You may object to the Association's use of the trustee foreclosure procedure for a specific default any time before the sale of the timeshare interest under Section 721.855(7), Florida Statutes, by delivering a written objection to the Trustee using an Objection Form available from the Trustee upon request. If the Trustee receives the written Objection Form from you, the Trustee may not proceed with the trustee foreclosure procedure with regard to the default specified herein, and the Association may proceed thereafter only with a judicial foreclosure action with respect to that default. If the Association proceeds with a judicial foreclosure action, it may obtain a deficiency judgment against you for the difference between the total amount due and the amount paid by a purchaser at the judicial foreclosure sale.
Richard A. Ulrich, Esq. 2940 S. Tamiami Trail
Judd, Ulrich, Scarlett, Wickman & Dean, P.A. Sarasota, FL 34239
Foreclosure trustee for (941) 955-5100 Sea Club V Condominium Association, Inc. Florida Bar Number 054718
September 23, 30 2011 11-2874S