13-04365W

NOTICE OF DEFAULT AND INTENT TO FORECLOSE Foreclosure HOA 26491-MP1-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 the MVC Trust, located in Orange County, Florida, and more specifically described as follows: Interests (see Interest Description on Exhibit “A”) (numbered for administrative purposes: see Admin. Number on Exhibit “A” ) in the MVC Trust (“Trust”) evidenced for administrative, assessment and ownership purposes by (250 Points for each Interest), which Trust was created pursuant to and further described in that certain MVC Trust Agreement dated March 11, 2010, executed by and among First American Trust, FSB, a federal savings bank, solely as trustee of Land Trust No. 1082-0300-00, (a.k.a MVC Trust), Marriott Ownership Resorts, Inc., a Delaware corporation, and MVC Trust Owners Association, Inc., a Florida corporation not-for-profit, as such agreement may be amended and supplemented from time to time (“Trust Agreement”), a memorandum of which is recorded in Official Records Book 10015, Page 4176, Public Records of Orange County, Florida (“Trust Memorandum”). The Interests shall have a Use Year Commencement Date of (see Commencement Date on Exhibit “A”) (subject to Section 3.5 of the Trust Agreement). All undefined capitalized terms herein shall have the same meaning as defined in the Trust Memorandum. Pursuant to that certain Trust Plan known as Marriott Vacation Club Destinations and all amendments thereto, Obligor is liable for the payment of certain assessments, maintenance fees, and ad valorem property taxes (collectively, “Assessments, Fees and Taxes”) and MVC Trust Owners 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 Orange, Florida, thereby perfecting the lien of Assessments, Fees, and Taxes pursuant to the Trust Plan 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. Interest / Admin Number / Commencement Date Obligor(s) and Address Claim of Lien Recording Date / Instr. No. Per Diem Default Amount MP*0376 / 25,26,27,28,29, 30,31,32,33&0377 / 09,10,11,12,13,14,15,16,17 18 / 037625,26,27,28,29,30,31,32,33 & 037709,10,11,12,13, 14,15,16,17 / 01 / 01 / 2012 ALBERT L. RAY and MARY ALICE S. YOHAM / 10550 SW 103RD AVE, MIAMI, FL 33176-3517 UNITED STATES 06-26-12; Book 10398 / Page5243 0.10 1,775.14 MP*0429 / 27,28,29,30 4 / 042927,28,29,30 / 01 / 01 / 2011 JESUS RODRIGUEZ INDA and GENOVEVA DE LA PAZ CANTON HERNANDEZ / AV DE LOS POETAS 100 EDIF BASALTO A DEPTO 1608, DF 05600 MEXICO 06-26-12; Book 10398 / Page5241 0.10 1,287.09 MP*0545 / 27,28,29,30,31,32,33,34,35&0662 / 21,22,23,24,25,26,27 16 / 054527,28,29,30,31,32,33,34,35 & 066221,22,23,24,25,26,27 / 11 / 01 / 2010 EDWIN GERALD SMART and LOUISE ISOBEL SMART / 12123 ARCADIA BEND LN, HOUSTON, TX 77041-6188 UNITED STATES 06-26-12; Book 10398 / Page5355 0.10 1,626.28 MP*1303 / 49,50,51,52&1304 / 01,02,03,04,05,06,07,08,09,10,11,12,13,14,15,1620/130349,50,51,52 & 130401,02,03,04,05,06,07,08,09,10,11,12, 13,14,15,16 / 03 / 01 / 2011 CSABA POLGAR and TIMEA POLGARNE TOTH / BESZEDES 69 / B, SIOFOK, 8600 HUNGARY 06-26-12; Book 10398 / Page5524 0.10 1,846.93 MP*2091 / 45,46,47,48,49,50,51,52&2092 / 01,02 10 / 209145,46,47,48,49,50,51,52 & 209201,02 / 01 / 01 / 2012 LOUISE M. CLUETT-THORESEN and ROY THORESEN / 460 E SHORE TRL, SPARTA, NJ 07871-1207 UNITED STATES 06-26-12; Book 10398 / Page5609 0.05 1,013.72 MP*3272 / 19,20,21,22,23,24,25,26 8 / 327219,20,21,22,23,24,25,26 / 01 / 01 / 2012 GREG R. AYCOCK and RHONDA AYCOCK / 16615 NANDINA AVENUE, RIVERSIDE, CA 92504-8702 UNITED STATES 06-26-12; Book 10398 / Page5837 0.10 1,432.22 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 _____ interests, _____ Points in Marriott Vacation Club Destinations. 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; Phone: 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 MP*0376 / 25,26,27,28,29,30,31,32, 33&0377 / 09,10,11, 12,13,14,15,16,17 ALBERT L. RAY Obligor MP*0376 / 25,26,27,28, 29,30,31,32,33&0377 / 09,10,11,12,13,14,15,16,17 MARY ALICE S. YOHAM Obligor MP*0429 / 27,28,29,30 JESUS RODRIGUEZ INDA Obligor MP*0429 / 27,28,29,30 GENOVEVA DE LA PAZ CANTON HERNANDEZ Junior Interestholder MP*0429 / 27,28,29,30 JANNICE TORRES Obligor MP*0545 / 27,28,29,30,31,32,33,34,35&0662 / 21,22,23,24,25,26,27 EDWIN GERALD SMART Obligor MP*0545 / 27,28,29,30,31,32,33,34,35&0662 / 21,22,23,24,25,26,27 LOUISE ISOBEL SMART Obligor MP*1303 / 49,50,51,52&1304 / 01,02,03,04,05,06, 07,08,09,10,11,12,13,14,15,16 CSABA POLGAR Obligor MP*1303 / 49,50,51,52& 1304 / 01,02,03,04,05,06, 07,08,09,10,11,12,13,14,15,16 TIMEA POLGARNE TOTH Obligor MP*2091 / 45,46,47,48,49,50,51,52 &2092 / 01,02 LOUISE M. CLUETT-THORESEN Obligor MP*3272 / 19,20,21,22,23,24,25,26 GREG R. AYCOCK Obligor MP*3272 / 19,20,21,22,23,24, 25,26 RHONDA AYCOCK (RSVP# 300895), (07/25/13, 08/01/13)
July 25; Aug. 1, 2013 13-04365W