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NOTICE OF DEFAULT AND
INTENT TO FORECLOSE -
Estero Island Beach Club
STATE OF FLORIDA,
COUNTY OF LEE
Pursuant to Section 721.855, Florida Statutes, Estero Island Beach Club Association, Inc., a Florida Not-For-Profit Corporation has recorded a Claim of Lien in the amount of (See Exhibit “A”), with interest accruing at the daily per diem rate of (See Exhibit “A”), and recorded in Instrument Number (See Exhibit “A”), of the Public Records of Lee County, Florida, and the undersigned Trustee as appointed by Estero Island Beach Club Association, Inc., a Florida Not-For-Profit Corporation, hereby formally notifies (See Exhibit “A”) that due to your failure to pay the annual assessment(s) due on (See Exhibit “A”) and all assessment(s) thereafter, you are currently in default of your obligations to pay assessments due to Estero Island Beach Club Association, Inc., a Florida Not-For-Profit Corporation on the following described real property located in Lee County, Florida: (See Exhibit “A”) Time Share Interest(s) (See Exhibit “A”) according to the Declaration of Condominium, recorded in Official Records Book 1511, at Page 1733, of the Public Records of Lee County, Florida. As a result of the aforementioned default, Estero Island Beach Club Association, Inc., a Florida Not-For-Profit Corporation hereby elects to sell the Property pursuant to Section 721.855, Florida Statutes. Please be advised that in the event that your obligation is not brought current (including the payment of any fees incurred by Estero Island Beach Club Association, Inc., a Florida Not-For-Profit Corporation in commencing this foreclosure process) within thirty (30) days from the first date of publication, the undersigned Trustee shall proceed with the sale of the Property as provided in Section 721.855, Florida Statutes, in which case, the undersigned Trustee shall: (1) Provide you with written notice of the sale, including the date, time and location thereof; (2) Record the notice of sale in the Public Records of Lee County, Florida; and (3) Publish a copy of the notice of sale two (2) times, once each week, for two (2) successive weeks, in a Lee County newspaper. 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 undersigned trustee the objection form provided to you by mail, exercising your right to object to the use of the trustee foreclosure procedure. Upon the undersigned 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 undersigned 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.
Dated: July 29, 2019 By: Harry Klausner, Esq., as Trustee
EXHIBIT “A”
Legal Description of property being foreclosed:
UNIT NUMBER(S) (see below) WEEK NUMBER(S) (see below) OF ESTERO ISLAND BEACH CLUB, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM AND EXHIBITS THEREOF, AS RECORDED IN OFFICIAL RECORDS BOOK 1511, AT PAGE 1733, ET SEQ., PUBLIC RECORDS OF LEE COUNTY FLORIDA AND ALL AMENDMENTS THERETO, IF ANY.
Owner(s)/Obligor(s)
Unit and Week / Default Date / Instr # Lien - Lien Amount / Daily Per Diem of Lien Amount / Current Amount owed under lien including costs, attorney fees and any additional maintenance fees / Last known mailing address
Hulse Lewis Budd*** / UNIT NUMBER 243 WEEK NUMBER 39 / February 1, 2019 / 2019000120666 / $1,443.48 / $0.84 / $1,675.98 / 2989 Merrill Ave Huntington WV 25702
Geraldine Ellis-Bennett f/k/a Geraldine R. Ellis*** / UNIT NUMBER 203 WEEK NUMBER 37 / February 1, 2019 / 2019000120666 / $1,453.04 / $0.73 / $1,554.24 / RD Box 5079 Salt Springs FL 32134
Linda A. Gaines and Diana L. Baylor*** / UNIT NUMBER 106 WEEK NUMBER(S) 43 & 44 / February 1, 2019 / 2019000120666 / $2,906.08 / $1.45 / $3,135.02 / 428 Washington Circle Oberlin OH 44074
Kurt Gravsen and Barbara A. Jacquinto f/k/a Barbara A. Gravsen*** / UNIT NUMBER 139 WEEK NUMBER 26 / February 1, 2019 / 2019000120666 / $1,453.04 / $0.75 / See Folder / 2124 N Tamiami Trail Unit 108 Sarasota FL 34234
Evie V. Kaelin, surviving spouse of Raymond Kaelin, deceased c/o Vickie S. Smith*** / UNIT NUMBER 109 WEEK NUMBER 28 / February 1, 2019 / 2019000120666 / $1,453.04 / $0.73 / $1,554.24 / 1932 12th St E Lehigh Acres FL 33972
Linda S. Kazwell and Donald G. Siegmund*** / UNIT NUMBER 136 WEEK NUMBER 33 AND UNIT NUMBER 201 WEEK NUMBER 33 / February 1, 2019 / 2019000120666 / $2,906.08 / $1.45 / $3,185.02 / 20414 Albury Dr Port Charlotte FL 33952-4002
Sara S. Micaletti and Barbara A. Jacquinto f/k/a Barbara A. Gravsen*** / UNIT NUMBER 143 WEEK NUMBER 22 / February 1, 2019 / 2019000120666 / $1,453.04 / $0.81 / See Folder / 2037 Pine Ter Sarasota FL 34231
Michael A. Patrick , Joe Hunsucker and Sharon K. Hunsucker*** / UNIT NUMBER 102 WEEK NUMBER 18 / February 1, 2019 / 2019000120666 / $1,453.04 / $0.73 / $1,629.24 / 323 SE 17th St Lehigh Acres FL 33936
John Sarchese*** / UNIT NUMBER 216 WEEK NUMBER 49 / February 1, 2019 / 2019000120666 / $1,453.04 / $0.73 / $1,554.24 / 51 Donlands Ave Apt 206 Toronto Ontario M4J 5B3 Canada
Diane Sun and George Sun*** / UNIT NUMBER 104 WEEK NUMBER 32 / February 1, 2019 / 2019000120666 / $1,453.04 / $0.73 / $1,554.24 / 7301 Penny Place Plano TX 75024
James D. Wineburner and Shirley J. Wineburner*** / UNIT NUMBER 115 WEEK NUMBER 36 / February 1, 2019 / 2019000120666 / $1,453.04 / $0.73 / $1,554.24 / 1880 NW Windy Pine Ave Arcadia FL 34266-3656
***if living, and if dead, the unknown spouse, heirs, devisees, grantees, assignees, lienors, creditors, trustees and all other parties claiming an interest by, through, under and against the above-named Obligor(s)
August 2, 9, 2019 19-02651L