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NOTICE OF DEFAULT AND INTENT TO FORECLOSE -
Island Towers Resort
STATE OF FLORIDA,
COUNTY OF LEE
Pursuant to Section 721.855, Florida Statutes, Island Towers Resort Condominium 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 Island Towers Resort Condominium 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 Island Towers Resort Condominium 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 1291, at Page 265, of the Public Records of Lee County, Florida. As a result of the aforementioned default, Island Towers Resort Condominium 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 Island Towers Resort Condominium 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 ISLAND TOWERS RESORT, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM AND EXHIBITS THEREOF, AS RECORDED IN OFFICIAL RECORDS BOOK 1291, AT PAGE 265, 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
John Carvalho , Marie Carvalho , Lino Moura Figueiredo , Jose M. Chavez and Beatrice Chavez*** / UNIT NUMBER 106 WEEK NUMBER 27 , UNIT NUMBER 107 WEEK NUMBER(S) 26 & 27 AND UNIT NUMBER 202 WEEK NUMBER(S) 26 & 27 / February 1, 2019 / 2019000120664 / $7,641.40 / $4.06 / $5,229.60 / 129 Warner Hill Road Derry NH 03038
John Cress and Ken Henderson*** / UNIT NUMBER 101 WEEK NUMBER 38 AND UNIT NUMBER 605 WEEK NUMBER 39 / February 1, 2019 / 2019000120664 / $2,556.56 / $1.42 / $2,833.77 / 2501 Lefevre Rd Troy OH 45373
George Drakus and Barbara O. Koch*** / UNIT NUMBER 107 WEEK NUMBER 30 / February 1, 2019 / 2019000120664 /
$1,087.57 / $0.65 / $1,307.02 / 5014 Dolloff Rd Cleveland OH 44127
Scott Heyder and Toni Heyder*** / UNIT NUMBER 107 WEEK NUMBER 34 AND UNIT NUMBER 403 WEEK NUMBER 34 / February 1, 2019 / 2019000120664 / $3,056.56 / $1.68 / $2,091.84 / 131 Tennessee Walker Way O'Fallen MO 63376-1791
Walter J. Jones and Josephine Jones*** / UNIT NUMBER 206 WEEK NUMBER 28 / February 1, 2019 / 2019000120664 /
$1,528.28 / $0.88 / $1,765.06 / 480 Bray Central Dr Apt 902 Allen TX 75013
Shawn Kennedy a/k/a Shawn Brigance and Sean Brigance*** / UNIT NUMBER 102 WEEK NUMBER 37 / February 1, 2019 / 2019000120664 / $1,528.28 / $0.88 / $1,765.06 / 371 Bluegill Dr Lake Hills TX 78063
Kyle I.E. Larson and David P. Faulkner*** / UNIT NUMBER 201 WEEK NUMBER(S) 1 & 2 / February 1, 2019 / 2019000120664 / $3,056.56 / $1.68 / $3,353.44 / 2502 Spring Creek Rd Belvidere IL 61008
Johnny S. Lindsey*** / UNIT NUMBER 307 WEEK NUMBER(S) 31 & 32 / February 1, 2019 / 2019000120664 / $3,056.56 / $1.68 / $3,353.46 / 4088 Thomassa Court Orlando FL 32812
Michelle Erwin-Weeks and Kent Weeks*** / UNIT NUMBER 502 WEEK NUMBER 32 / February 1, 2019 / 2019000120664 / $1,528.28 / $0.88 / $1,765.07 / 3209 Horizons Dr Little Elm TX 75068
Denise Lynn Hughes, f/k/a Thelma N. Hughes, individually and as Trustee of the Denise Hughes Revocable Trust dated October 13, 1992*** / UNIT NUMBER 404 WEEK NUMBER 43 / February 1, 2019 / / $1,528.28 / $2.89 / $5,929.05 / 3717 98th Ter N Pinellas Park FL 33782
Barbara Jones and Elizabeth Jones*** / UNIT NUMBER 307 WEEK NUMBER 26 / February 1, 2019 / / $1,528.28 / $2.89 /
$5,929.05 / 1234 Rainbow Dr. Loris SC 29569
Bethann Panuccio*** / UNIT NUMBER 101 WEEK NUMBER 31 / February 1, 2019 / / $1,528.28 / $2.89 / $5,929.05 / 1202 SW 128th Ter Apt E-109 Pembroke Pines FL 33027
***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 19-02659L