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Foreclosure HOA 55758-CP16-HOA NOTICE OF DEFAULT AND INTENT TO FORECLOSE 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 payment 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”) 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 192.037 Florida Statutes. See Exhibit “A” attached hereto for the recording information for each Claim of Lien and the amount secured by each Claim of Lien and the per diem amount to account for further accrual of the amounts secured by the 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. If you object to the use of the trustee foreclosure procedure, by signing the attached Notice of Election to Prevent Trustee Sale form, 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. In order to be effective, the 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. 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 Coconut Plantation Condominium Association, Inc., 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 WARNING: Personal checks will not be accepted. All personal checks will be returned to sender. The foreclosure of the subject timeshare will not cease. Partial payments will not be accepted. Amounts have increased since the mailing of this Notice. Please contact Coconut Plantation Condominium Association, Inc., for the current cure figures. See Exhibit “A” for contact information. The Association has appointed the following Trustee to conduct the trustee's sale: First American Title Insurance Company, duly registered in the state of Florida as an Insurance Company, 400 International Parkway, Suite 380, Lake Mary, FL 32746; Phone: 407-618-7941. Exhibit A Contract No. Interval No. Obligor(s) and Address Claim of Lien Recording Date/Instr. No. Per Diem Default Amount 9-174 Unit 5145 / Week 34 / Annual Timeshare Interest WILMA LENNON SMITH and ANTHONY RONALDRICK SMITH/10628 BROADLAND PASS, THONOTOSASSA, FL 33592 UNITED STATES 08-02-16; 2016000164075 0.00 $21,893.13 9-3643 Unit 5365 / Week 44 / Annual Timeshare Interest KEVIN B HEALY and MARY ELLEN HEALY/4843 Hampshire Court, Apt. # 201, NAPLES, FL 34112 UNITED STATES 08-02-16; 2016000164075 0.00 $3,783.76 9-2509 Unit 5368L / Week 02 / Annual Timeshare Interest HENRIK-CHRISTIAN RIEBARTSCH and DEJAN JOCIC/Pienzenauer Str 89, 81925 Munchen GERMANY 08-02-16; 2016000164075 0.00 $4,006.12 9-1398 Unit 5247 / Week 25 / Annual Timeshare Interest ELDON WAYNE BOLINGER/534 CALGARY DOWNS DRIVE, WINDER, GA 30680 UNITED STATES 08-02-16; 2016000164075 0.00 $6,423.30 9-817 Unit 5245 / Week 13 / Annual Timeshare Interest SANDRA L. O'BRIEN/3416 Pilgrim Lane N, PLYMOUTH, MN 55441 UNITED STATES 08-02-16; 2016000164075 0.00 $8,229.30 9-1197 Unit 5260L / Week 35 / Annual Timeshare Interest MANUELA OPPEN JORDAN and WILLIAM CHARLES JORDAN/2706 Redford Ct E., CLEARWATER, FL 33761 UNITED STATES 08-02-16; 2016000164075 0.00 $10,133.87
Notice is hereby given to the following parties Party Designation Contract Number Name Obligor 9-174 WILMA LENNON SMITH Obligor 9-174 ANTHONY RONALDRICK SMITH Obligor 9-3643 KEVIN B HEALY Obligor 9-3643 MARY ELLEN HEALY Obligor 9-2509 HENRIK-CHRISTIAN RIEBARTSCH Obligor 9-2509 DEJAN JOCIC Obligor 9-1398 ELDON WAYNE BOLINGER Obligor 9-817 SANDRA L. O'BRIEN Obligor 9-1197 MANUELA OPPEN JORDAN Obligor 9-1197 WILLIAM CHARLES JORDAN FEI # 1081.00652 09/30/2016, 10/07/2016
Sept. 30; Oct. 7, 2016 16-02307L