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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”) 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 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: September 29, 2020 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/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
Brian Daniel Stigall and Alison Cleveland Stigall / UNIT NUMBER 112 WEEK NUMBER(S) 44 & 45 - February 1, 2020 - 2020000168346 - $3,037.52 - $1.77 - $3,544.07 / 10308 Sorrills Creek Ln Raleigh NC 27614-7733
Alexander Johnson and Shannon Johnson / UNIT NUMBER 141 WEEK NUMBER 16 - February 1, 2020 - 2020000168346 - $1,518.76 - $0.95 - $1,897.98 / 2013 Freeport Dr Indian Trail NC 28079
Alice J. Gobeille-Denomme a/k/a Alice J. Donomme / UNIT NUMBER 102 WEEK NUMBER 16 - February 1, 2020 - 2020000168346 - $1,518.76 - $0.95 - $1,897.98 / 121 Harrison St Leyria OH 44035
Mark A. Fouss and Amy H. Heilman / UNIT NUMBER 103 WEEK NUMBER 21 - February 1, 2020 - 2020000168346 - $1,518.76 - $0.95 - $1,897.98 / 722 5th St Marietta OH 45750
Summer Davis , Guy William Davis , Edward Donald Davis and Dorothy P. Davis-Rania a/k/a Dorothy P. Davis a/k/a Dorothy D. Davis / UNIT NUMBER 104 WEEK NUMBER 18 - February 1, 2020 - 2020000168346 - $1,518.76 - $0.95 - $1,897.98 / 1855 Grace Ave Fort Myers FL 33901
David J. Sanford and Jill L. Sanford / UNIT NUMBER 112 WEEK NUMBER 47 - February 1, 2020 - 2020000168346 - $1,518.76 - $0.95 - $1,897.98 / 1803 S Hathaway St Evansville IN 47712
Christopher Torunski , Robert A. Hale and Judith M. Hale / UNIT NUMBER 144 WEEK NUMBER 20 - February 1, 2020 - 2020000168346 - $1,518.76 - $0.95 - $1,897.98 / PO Box 53 Clearwater FL 33755
John Wm. Roberts and Maureen Birtch Roberts / UNIT NUMBER 205 WEEK NUMBER 33 - February 1, 2020 - 2020000168346 - $1,518.76 - $0.95 - $1,897.98 / 4732 Justin Lane Plant City FL 33565
Robert B. Leeber / UNIT NUMBER 215 WEEK NUMBER 25 - February 1, 2020 - 2020000168346 - $1,518.76 - $0.95 - $1,897.98 / 6300 Trial Blvd Naples FL 34108
Phyllis Carroll f/k/a Phyllis Messenger / UNIT NUMBER 243 WEEK NUMBER 19 - February 1, 2020 - 2020000168346 - $1,518.76 - $0.95 - $1,897.98 / 26 Mohawk Dr Canton CT 06019
Rose R. Nortman / UNIT NUMBER 245 WEEK NUMBER(S) 46, 47, 48, 49 & 50 - February 1, 2020 - 2020000168346 - $7,683.80 - $4.29 - $8,579.87 / 1629 W Sherwin Ave, Apt 304 Chicago IL 60626
W. Kurt Roebke and Valerie F. Roebke / UNIT NUMBER 246 WEEK NUMBER 49 and UNIT NUMBER 346 WEEK NUMBER 50 - February 1, 2020 - 2020000168346 - $3,037.52 - $1.77 - $3,544.07 / 1629 W Sherwin Ave, Apt 304 Chicago IL 60626
Judith A. Rodgers , Adrienne C. Schaefer and Kevin Minko / UNIT NUMBER 103 WEEK NUMBER 44 - February 1, 2020 - 2020000168346 - $1,518.76 - $0.95 - $1,897.97 / 22135 W Eagle Mountain Rd Buckeye AZ 85326
***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)
October 2, 9, 2020 20-03326L