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NOTICE OF DEFAULT AND INTENT TO FORECLOSE
Caribe Beach Resort
STATE OF FLORIDA
COUNTY OF LEE
Pursuant to Section 721.855, Florida Statutes, Caribe Beach Resort 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 Caribe Beach Resort Association, Inc., a Florida Not-For-Profit Corporation, hereby formally notifies (See Exhibit “A”) 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) 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 Caribe Beach Resort 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 2306, at Page 2559-2654, of the Public Records of Lee County, Florida. As a result of the aforementioned default, Caribe Beach Resort 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 Caribe Beach Resort 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.
EXHIBIT “A”
Legal Description of property being foreclosed:
Condominium Parcel (see below) of Caribe Beach Resort, a condominium, according to the Declaration of Condominium and exhibits thereof, as recorded in Official Records Book 2306, Pages 2559 through 2654, and as amended in Official Records Book 2333 at Page 1798, and as further amended in Official Records Book 2728 at Page 2812, and as further amended in Official Records Book 2773 at Page 2028, and as further amended in Official Records Book 2839 at Page 3635, and as further amended in Official Records Book 3051 at Page 3122, and as further amended in Book 3176, Page 838, and as said Declaration may be further amended from time to time, Public Records of Lee County, Florida.
Owner(s)/Obligor(s)** / Condominium Parcel - 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
Grace Palacios** / Condominum Parcel EC062 - February 1, 2019 - 2019000294705 - $1,694.71 - $1.14 - $2,288.44 - 9301 SW 92nd Ave, APT C120 Miami FL 33176
Heather Gillespie, as Trustee of the KEDO Trust Agreement u/t/dtd 6/4/99** / Condominum Parcel ED008 - February 1, 2019 - 2019000294705 - $1,502.41 - $1.04 - $2,089.81 - 7251 Lake Dr. Fort Myers FL 33908
Judy M. Brandt** and Beverly J. Sommers**, Individually and as Surviving Trustee of the Arthur P. Sommers and Beverly J. Sommers Revocable Living Trust u/t/dtd November 27, 1995** / Condominum Parcel ED016 - February 1, 2019 - 2019000294705 - $6,527.52 - $3.37 - $6,742.27 - 1712 Poplar Ave Hanover Park IL 60133-3641
**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)
Dated: February 11, 2020
By: Harry Klausner, Esq., as Trustee
February 14, 21, 2020 20-00682L