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FIRST INSERTION
NOTICE OF DEFAULT AND INTENT TO FORECLOSE
Foreclosure HOA 26245-CP3-HOA To: Obligor (see Exhibit “A” attached hereto for Obligors and their notice address) This Notice is regarding that certain timeshare interest owned by Obligor in Coconut Plantation, a Condominium, located in Lee County, Florida, and more specifically described as follows: Unit Week (see Interval Description on Exhibit “A”) in Unit (see Interval Description on Exhibit “A”), of COCONUT PLANTATION, a Condominium (the “Condominium”), according to the Declaration of Condominium thereof as recorded in Official Records Book 4033, Page 3816, Public Records of Lee County, Florida, and all exhibits attached thereto, and any amendments thereof (the “Declaration”). Pursuant to that certain Declaration of Condominium of Coconut Plantation, a Condominium, recorded in Official Records Book 4033 at Page 3816, Public Records of Lee County, Florida, and all amendments thereto (the “Declaration”), Obligor is liable for the payments of certain assessments, maintenance fees, and ad valorem property taxes (collectively, “Assessments, Fees and Taxes”) and Coconut Plantation Condominium Association, Inc., a Florida not-for-profit corporation (the “Association”) (the “Association”) has a lien for such Assessments, Fees and Taxes pursuant to the terms of the Declaration and applicable Florida law. The Obligor has failed to pay when due the Assessments, Fees, and Taxes as assessed or advanced and is thereby in default of the obligation to pay such amounts as and when due. Accordingly, the Association did cause a Claim of Lien to be recorded in the Public Records of Lee, Florida, thereby perfecting the lien of Assessments, Fees, and Taxes pursuant to the Declaration and sections 721.16 and 192.37, Florida Statutes. See Exhibit “A” attached hereto for the recording information for each Claim of Lien, the amount secured by each Claim of Lien, and the per diem amount to account for the further accrual of the amounts secured by each Claim of Lien. IMPORTANT: 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. You have a right to cure the default set forth herein by paying in full, on or before the 30th day after the date of this Notice, the following amounts: (1) all past due sums, (2) costs of collection (3) interest, as accrued to the date of payment, (4) per diem, as accrued to the date of payment, and (5) the foreclosure processing fee in the amount of $250, which amount will increase as the foreclosure proceeding progresses. Further, payment must be made by forwarding a cashier's check payable to the First American Title Insurance Company, and drawn on a state or national bank, a state or federal credit union, or a state or federal savings and loan association, or savings bank. The Association has appointed the following Trustee to conduct the trustee's sale: First American Title Insurance Company, a California corporation, duly registered in the state of Florida as an Insurance Company, 1160 North Town Center Drive, Suite 190, Las Vegas, NV 89144; Phone:702-792-6863. Association Contact: Coconut Plantation, a Condominium c/o Hyatt Residential Management 140 Fountain Parkway, Suite 570, St. Petersburg, FL 33716, Phone 727-803-9400. EXHIBIT “A” Contract No. Interval No. Obligor(s) and Address Claim of Lien Recording Date/Instr. No. Per Diem Default Amount 9-1908 Unit 5385 / Week 16 / Annual Timeshare Interest PATRICIA ANN MARIE BERGER/1032 Marlin Lakes Cir Apt 1224, Sarasota, FL 34232 UNITED STATES 06-06-13; Book 12013000133084 1.02 2,926.49 9-3120 Unit 5160L / Week 49 / Annual Timeshare Interest HENRY JOSEPH STANISZEWSKI and LYNN ELIZABETH STANISZEWSKI/4124 BRENTWOOD PARK CL, TAMPA, FL 33624 UNITED STATES 06-06-13; Book 12013000133084 0.39 1,130.52 9-3176 Unit 5348L / Week 38 / Even Year Biennial Timeshare Interest MARIA E. AZUA/18246 S W 29Th Street, Miramar, FL 33029 UNITED STATES 06-06-13; Book 12013000133084 0.56 1,617.88 9-3542 Unit 5380L / Week 51 / Annual Timeshare Interest ENRIQUE GARCIA/53 Kellogg Drive, Wilton, CT 06897 UNITED STATES 06-06-13; Book 12013000133084 0.96 2,761.80 9-4177 Unit 5166 / Week 29 / Annual Timeshare Interest THOMAS E. BECKER and ANDREA ROSALES-BECKER/16541 SW 92Nd Ave, Palmetto Bay, FL 33157 UNITED STATES 06-06-13; Book 12013000133084 0.96 2,761.80 9-980 Unit 5266 / Week 41 / Annual Timeshare Interest JOSEPH J. BARBIERI, as Individual and as Trustee of the JOSEPH J. BARBIERI REVOCABLE TRUST DATED JUNE 4, 1997/13954 Whisperwood Drive, Clearwater, FL 33762 UNITED STATES 06-06-13; Book 12013000133084 0.96 2,761.80 NOTICE OF ELECTION TO PREVENT TRUSTEE SALE IMPORTANT: If you object to the use of the trustee foreclosure procedure, you could be subject to a deficiency judgment if the proceeds from the sale of your timeshare interest are insufficient to offset the amounts secured by the lien. The undersigned, (See Exhibit “A”), is (are) the owner(s) of timeshare estate interest Unit / Week / Timeshare Interest at Coconut Plantation, a Condominium at 11800 Coconut Plantation Drive, Bonita Springs, Florida 34134 The undersigned has received a Notice of Default and intent to Foreclosure from First American Title Insurance Company, the Trustee. The undersigned hereby exercises the undersigned's right to object to the trustee foreclosure procedure established in section 721.855, Florida Statutes. In order to be effective, this Notice of Election to Prevent Trustee Sale must be received by the Trustee at the address set forth below on or before the 30th day after the date of the Notice of Default; and intent to Foreclose. Trustee's Address: 1160 North Town Center Drive, Suite 190, Las Vegas, NV 89144 Phone: 702-792-6863 Dated: Owner's signature Owner's signature Print Name Print Name Owner's signature Owner's signature Print Name Print Name Notice is hereby given to the following parties:Party Designation Contract Number Name Obligor 9-1908 PATRICIA ANN MARIE BERGER Obligor 9-3120 HENRY JOSEPH STANISZEWSKI Obligor 9-3120 LYNN ELIZABETH STANISZEWSKI Obligor 9-3176 MARIA E. AZUA Obligor 9-3542 ENRIQUE GARCIA Obligor 9-4177 ANDREA ROSALES-BECKER (RSVP# 301927), (08/30/13, 09/06/13)
Aug. 30; Sept. 6, 2013 13-04542L