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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") 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 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 26, 2022
By: Harry Klausner, Esq., as Trustee
EXHIBIT “A”
Legal Description of property being foreclosed and sold:
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 Number Week Number / Default Date / Instr # Lien / Amount Secured by lien including all further costs to date / Daily Per Diem on Amount Owed to Date / Last known mailing address
William M. Riffel and Dorothy A. Riffel / Unit Number 401 Week Number 45 / February 1, 2021 / 2022000209334 / $3,007.60 / $1.48 / 54 Madison Ave, New Providence, NJ 07974-1853
Noreen Bailey / Unit Number 207 Week Number(s) 33 & 34 / February 1, 2022 / 2022000209334 / $3,284.99 / $1.62 / 116 E Adamanda Dr, Phoenix, AZ 85086
Troy A. Radtke and Gretchen E. Radtke / Unit Number 205 Week Number 50 / February 1, 2022 / 2022000209334 / $1,807.95 / $0.89 / 926 Ellington Cir, Greenwood, IN 46143
Nathan Horovitz and Evelyn Horovitz / Unit Number 404 Week Number 42 / February 1, 2022 / 2022000209334 / $1,807.95 / $0.89 / 13632 SW 6th St, Miami, FL 33184
Rosa B. Cox as surviving spouse of James R. Cox, deceased / Unit Number 501 Week Number 18 / February 1, 2022 / 2022000209334 / $1,807.95 / $0.89 / 1502 Grandale St, Lehigh Acres, FL 33936
Sheryl Willen , Randi Walters and David Segal / Unit Number 303 Week Number 34 and Unit Number 504 Week Number 22 / February 1, 2022 / 2022000209334 / $1,807.95 / $0.89 / 6 Holland Ct, Reistertown, MD 21136
Candace Browning / Unit Number 605 Week Number 34 / February 1, 2022 / 2022000209334 / $1,807.95 / $0.89 / 2111 Crystal Dr Unit 6, Fort Myers, FL 33907
*if living or active, and if dead or dissolved, the unknown spouse, heirs, devisees, grantees, assignees, lienors, creditors, Trustees, Successor Trustees and all other parties claiming an interest by, through, under and against the above-named Obligor(s)
July 29; Aug. 5, 2022 22-02542L