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FIRST INSERTION
NOTICE OF DEFAULT
AND INTENT TO FORECLOSE
Foreclosure HOA
23251-ML3-HOA
To: Obligor (see Exhibit “A” attached hereto for Obligors and their notice address) This Notice is regarding that certain timeshare interest owned by Obligor in Crystal Shores Condominium, located in Collier County, Florida, and more specifically described as follows: Season: (see Interval Description on Exhibit “A”), Unit No. (see Interval Description on Exhibit “A”) Unit Week (see Interval Description on Exhibit “A”) view type (see Interval Description on Exhibit “A”), in Crystal Shores Condominium, according to the Declaration of Condominium thereof, as recorded in Official Records Book 4246 at Page 3299 in the Public Records of Collier County, Florida, and any amendments thereof. Pursuant to that certain Declaration of Condominium of Crystal Shores Condominium, recorded in Official Records Book 4246 at Page 3299, Public Records of Collier County, Florida, and all amendments thereto (the “Declaration”), Obligor is liable for the payments of certain assessments, maintenance fees, and ad valorem property taxes (collectively, “Assessments, Fees and Taxes”) and Crystal Shores Condominium Association Inc., a Florida not for profit corporation (the “Association”) has a lien for such Assessments, Fees and Taxes pursuant to the terms of the Declaration and applicable Florida law. The Obligor has failed to pay when due the Assessments, Fees, and Taxes as assessed or advanced and is thereby in default of the obligation to pay such amounts as and when due. Accordingly, the Association did cause a Claim of Lien to be recorded in the Public Records of Collier, Florida, thereby perfecting the lien of Assessments, Fees, and Taxes pursuant to the Declaration and sections 721.16 and 192.37, Florida Statutes. See Exhibit “A” attached hereto for the recording information for each Claim of Lien, the amount secured by each Claim of Lien, and the per diem amount to account for the further accrual of the amounts secured by each Claim of Lien.
IMPORTANT: 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 trustee the enclosed objection form, exercising your right to object to the use of the trustee foreclosure procedure. Upon the 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 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. You have a right to cure the default set forth herein by paying in full, on or before the 30th day after the date of this Notice, the following amounts: (1) all past due sums, (2) costs of collection (3) interest, as accrued to the date of payment, (4) per diem, as accrued to the date of payment, and (5) the foreclosure processing fee in the amount of $235, which amount will increase as the foreclosure proceeding progresses. Further, payment must be made by forwarding a cashier's check payable to the First American Title Insurance Company, and drawn on a state or national bank, a state or federal credit union, or a state or federal savings and loan association, or savings bank. The Association has appointed the following Trustee to conduct the trustee's sale: First American Title Insurance Company, a California corporation, duly registered in the state of Florida as an Insurance Company, 1160 North Town Center Drive, Suite 190, Las Vegas, NV 89144; Phone:702-304-7509 EXHIBIT “A” Contract No. Interval No. Season View Type Obligor(s) and Address Claim of Lien Recording Date/Instr. No. Per Diem Default Amount ML*0203*22*B Unit 0203 / Week 22 / Annual Timeshare Interest Gold 2 Bdrm; Gulf Front Floating PATRICIA MAKARIAN/4105 SW 153RD AVE, MIRAMAR, FL 33027 UNITED STATES 06-11-12; Book 4805 / Page3536 1.48 3,718.38 ML*0305*18*B Unit 0305 / Week 18 / Annual Timeshare Interest Gold 2 Bdrm; Gulf Front Floating VINCENT FERRARA/4 LOCKWOOD PLACE, STATEN ISLAND, NY 10314 UNITED STATES 06-11-12; Book 4805 / Page3524 1.48 3,718.38 ML*1009*13*B Unit 1009 / Week 13 / Annual Timeshare Interest Platinum 2 Bdrm Gulfside Floating GUSTAVO F. FLORES and SUSANA MORALES and ESTEBAN S. FLORES/URBANIZACION OLIMPUS, VILLA # 12 LOS CEIBOS, GUAYAQUIL ECUADOR 06-11-12; Book 4805 / Page3568 1.51 3,865.66 ML*1009*23*B Unit 1009 / Week 23 / Annual Timeshare Interest Gold 2 Bdrm Gulfside Floating GUSTAVO F. FLORES and SUSANA MORALES and ESTEBAN S. FLORES/URBANIZACION OLIMPUS, VILLA # 12 LOS CEIBOS, GUAYAQUIL ECUADOR 06-11-12; Book 4805 / Page3570 1.48 3,793.63 NOTICE OF ELECTION TO PREVENT TRUSTEE SALE IMPORTANT: If you object to the use of the trustee foreclosure procedure, you could be subject to a deficiency judgment if the proceeds from the sale of your timeshare interest are insufficient to offset the amounts secured by the lien. The undersigned, (See Exhibit “A”), is (are) the owner(s) of timeshare estate interest Unit at Crystal Shores Condominium at 600 South Collier Boulevard, Marco Island, FL 34145. The undersigned has received a Notice of Default and intent to Foreclosure from First American Title Insurance Company, the Trustee. The undersigned hereby exercises the undersigned's right to object to the trustee foreclosure procedure established in section 721.855, Florida Statutes. In order to be effective, this Notice of Election to Prevent Trustee Sale must be received by the Trustee at the address set forth below on or before the 30th day after the date of the Notice of Default; and intent to Foreclose. Trustee's Address: 1160 North Town Center Drive, Suite 190, Las Vegas, NV 89144 702-304-7509 Dated: Owner's signature Owner's signature Print Name Print Name Owner's signature Owner's signature Print Name Print Name Notice is hereby given to the following parties:Party Designation Contract Number Name Obligor ML*0203*22*B PATRICIA MAKARIAN Obligor ML*0305*18*B VINCENT FERRARA Obligor ML*1009*13*B GUSTAVO F. FLORES Obligor ML*1009*13*B SUSANA MORALES Obligor ML*1009*13*B ESTEBAN S. FLORES Obligor ML*1009*13*B GUSTAVO F. FLORES Obligor ML*1009*13*B SUSANA MORALES Obligor ML*1009*13*B ESTEBAN S. FLORES (RSVP# 298355), (04/12/13, 04/19/13)
April 12, 19, 2013 13-01164C