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NOTICE OF DEFAULT AND INTENT TO FORECLOSE
Windward Passage Resort / STATE OF FLORIDA, COUNTY OF LEE
Pursuant to Section 721.855, Florida Statutes, Windward Passage 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 Windward Passage 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 Windward Passage 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 1578, at Page 727, of the Public Records of Lee County, Florida. As a result of the aforementioned default, Windward Passage 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 Windward Passage 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: May 1, 2023
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 WINDWARD PASSAGE RESORT, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM AND EXHIBITS THEREOF, AS RECORDED IN OFFICIAL RECORDS BOOK 1578, AT PAGE 727, 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
Ronald D. White and Pamela A. White / UNIT NUMBER 107 WEEK NUMBER 14 - February 1, 2022 - 2022000263955 - $2,145.07 - $1.46 - $2,923.93 / 2841 Johnnycake Hill Rd Hamilton NY 13346
Robert Vandemark and Harry T. Fleck / UNIT NUMBER 8 WEEK NUMBER 22 - February 1, 2022 - 2022000263955 - $2,145.07 - $1.46 - $2,923.93 / 16 Eagle Harbor Trl Palm Coast FL 32164-6128
Ada Thomas Shaw / UNIT NUMBER 305 WEEK NUMBER 38 - February 1, 2022 - 2022000263955 - $2,145.07 - $1.46 - $2,923.93 / 437-1370 L'Heritage Dr Sarnia Ontario N7S 6H8 Canada
Anatoly N. Primak and Nina N. Primak / UNIT NUMBER 12 WEEK NUMBER 1 - February 1, 2022 - 2022000301482 - $2,145.07 - $1.45 - $2,898.02 / 1324 Ringling Ave Johnstown PA 15902-3438
***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)
May 5, 12, 2023 23-01388L