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NOTICE OF DEFAULT AND INTENT TO FORECLOSE
Shell Island Beach Club
STATE OF FLORIDA
COUNTY OF LEE
Pursuant to Section 721.855, Florida Statutes, Shell 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 Shell Island Beach Club 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 Shell 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 1428, at Page 955, of the Public Records of Lee County, Florida. As a result of the aforementioned default, Shell 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 Shell 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.
EXHIBIT “A”
Legal Description of property being foreclosed:
UNIT NUMBER(S) (see below) WEEK NUMBER(S) (see below) OF SHELL ISLAND BEACH CLUB, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM AND EXHIBITS THEREOF, AS RECORDED IN OFFICIAL RECORDS BOOK 1428, AT PAGE 955, ET SEQ., PUBLIC RECORDS OF LEE COUNTY FLORIDA AND ALL AMENDMENTS THERETO, IF ANY.
Owner(s)/Obligor(s) / Unit/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
David M. Cutler and Denise L. Cutler *** / Unit Number 3A Week Number 16 - February 1, 2019 - 2019000281752 - $2,013.08 - $1.24 - $3,465.93 / 408 Riverside Ave Westport CT 06880
Ann S. Hall as the surviving spouse of G. Latham Hall, deceased *** / Unit Number 3B Week Number(s) 4 & 5 - February 1, 2019 - 2019000281752 - $3,562.27 - $2.05 - $5,077.79 / 743 Manheim Rd. Kansas City MO 64109
Michelle S. Gerasin n/k/a Michelle S. Kender *** / Unit Number 11B Week Number 44 - February 1, 2019 - 2019000281752 - $1,990.81 - $1.23 - $3,442.76 / 331 Dasher Cir. Aiken SC 28903
Rita M. Maki n/k/a Rita M. Thomas *** / Unit Number 10A Week Number 24 - February 1, 2019 - 2019000281752 - $1,765.48 - $1.11 - $3,208.32 / N 7437 Prairie Ln. Crivitz WI 54114
Merritt L. Thomas and Eleanor L. Thomas *** / Unit Number 1D Week Number 32 - February 1, 2019 - 2019000281752 - $1,990.81 - $1.53 - $4,061.06 / 272 Woodcrest Dr. Vacaville CA 95688
**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 20-00684L