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FIRST INSERTION
NOTICE OF NONJUDICIAL SALE OF A VESSEL PURSUANT TO FL. STAT. 328.17
DATE: April 28, 2021
To: REGISTERED OWNER LIENHOLDER: None
NAME: Thomas Bernhardt Charest NAME:
ADDRESS: 13219 W. Opal Dr. ADDRESS:
Sun City West, AZ 85375-4942 CITY, STATE, ZIP:
LIENOR (NAME OF MARINA) DESCRIPTION OF VESSEL
NAME: BRADENTON BEACH MARINA, INC. YEAR: 1989 MAKE: CTY
ADDRESS: 402 CHURCH AVE. HIN# CTYN5741F989; TITLE No. 0001455096
CITY, STATE, ZIP: BRADENTON BEACH, FL 34217 LOCATION OF VESSEL: 402 CHURCH AVE.
TELEPHONE: 941.778.2288 BRADENTON BEACH, FL 34217
YOU ARE HEREBY NOTIFIED THAT THE ABOVE DESCRIBED VESSEL WAS BROUGHT IN FOR STORAGE AT THE REQUEST OF THOMAS BERNHARDT CHAREST AND THE ABOVE MARINA IS IN POSSESSION OF AND CLAIMS A LIEN ON THE ABOVE DESCRIBED VESSEL FOR STORAGE CHARGES ACCUMULATED FROM DECEMBER 1, 2020 THROUGH THE DATE OF THIS NOTICE IN THE AMOUNT OF:
(TOTAL) $3,049.50 ITEMIZED CHARGES, exclusive of attorney's fee:
(TOTAL STORAGE CHARGES) $3,049.50 FOR 5 MONTHS, AT $609.90 PER MONTH, (FINANCE CHARGES) $-0- AND additional (ATTORNEYS FEES) $500.00.
THE STORAGE CHARGES CONTINUE TO ACCUMULATE AT THE RATE OF $609.90 PER MONTH UNTIL PAID.
THE LIEN CLAIMED BY THE ABOVE NAMED MARINA IS SUBJECT TO ENFORCEMENT PURSUANT TO F.S. 328.17 AND UNLESS SAID VESSEL IS REDEEMED FROM SAID MARINA BY PAYMENT AS ALLOWED BY LAW, THE ABOVE DESCRIBED VESSEL WILL BE SOLD TO SATISFY THE LIEN. IF THE VESSEL IS NOT REDEEMED AND THAT VESSEL REMAINS UNCLAIMED, OR FOR WHICH THE CHARGES FOR STORAGE SERVICES REMAIN UNPAID, WILL BE SOLD FREE OF ALL PRIOR LIENS AFTER 60 DAYS.
A SALE IS TO BE HELD AT BRADENTON BEACH MARINA, INC., BRADENTON BEACH, FL 34217 COMMENCING AT 10:00 A.M. ON THE 29TH DAY OF JUNE, 2021.
STATEMENT OF OWNERS RIGHTS
BEFORE ANY SALE OR OTHER DISPOSITION OF THE VESSEL PURSUANT TO THIS SECTION, THE OWNER OR LIENHOLDER MAY PAY THE AMOUNT NECESSARY TO SATISFY THE LIEN, REASONABLE EXPENSES AND LATE PAYMENT INTEREST INCURRED UNDER THIS SECTION AND THEREBY REDEEM AND TAKE POSSESSION OF THE VESSEL UPON RECEIPT OF SUCH PAYMENT, THE MARINA SHALL RETURN THE PROPERTY TO THE OWNER OR LIENHOLDER MAKING SUCH PAYMENT AND THEREAFTER SHALL HAVE NO LIABILITY TO ANY PERSON WITH RESPECT TO SUCH VESSEL.
IN THE EVENT OF A SALE UNDER THIS SECTION, THE MARINA MAY SATISFY ITS LIEN FROM THE PROCEEDS OF THE SALE, PROVIDED THE MARINA'S LIEN HAS PRIORITY OVER ALL OTHER LIENS ON THE VESSEL OTHER THAN A PRIOR LIEN PERFECTED UNDER THE STATE OR FEDERAL LAW. THE LIEN RIGHTS OF SECURED LIENHOLDERS SHALL BE HELD BY THE MARINA FOR DELIVERY ON DEMAND TO THE OWNER. A NOTICE OF ANY BALANCE SHALL BE DELIVERED BY THE MARINA TO THE OWNER IN PERSON OR BY CERTIFIED MAIL TO THE LAST KNOWN ADDRESS OF THE OWNER. IF THE OWNER DOES NOT CLIAM THE BALANCE OF THE PROCEEDS WITHIN 1 YEAR AFTER THE DATE OF SALE, THE PROCEEDS BALANCE SHALL BE DEEMED ABANDONED, AND THE MARINA SHALL HAVE NO FURTHER OBLIGATION WITH REGARD TO THE PAYMENT OF THE BALANCE IN THE EVENT THAT THE MARINA'S LIEN DOES HAVE PRIORITY OVER ALL OTHER LIENS, THE SALE PROCEEDS SHALL BE HELD FOR THE BENEFIT OF THE HOLDERS OF THOSE LIENS HAVING PRIORITY. A NOTICE OF THE AMOUNT OF THE SALE PROCEEDS SHALL BE DELIVERED BY THE MARINA TO THE OWNER OR SECURED LIENHOLDER IN PERSON OR BY CERTIFIED MAIL TO THE OWNER'S OR SECURED LIENHOLDER'S LAST KNOWN ADDRESS. IF THE OWNER OR SECURED LIENHOLDER DOES NOT CLAIM THE PROCEEDS WITHIN 1 YEAR AFTER THE DATE OF SALE, THE PROCEEDS SHALL BE DEEMED ABANDONED, AND THE OWNER OR THE SECURED LIENHOLDER SHALL HAVE NO FURTHER OBLIGATION WITH REGARD TO THE PAYMENT OF THE PROCEEDS.
DATED THIS 28th DAY OF APRIL, 2021.
__________________________________ SIGNATURE OF AUTHORIZED AGENT
W. Nelon Kirkland, Attorney/Agent for Lienor
May 7, 14, 2021 21-00542M