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NOTICE OF DEFAULT AND INTENT TO FORECLOSE Foreclosure HOA 36768-CCN3-HOA To: SEE EXHIBIT A (“Obligor”) Notice Address: SEE EXHIBIT A This Notice is regarding that certain timeshare interest owned by Obligor in The Charter Club of Naples Bay, located in Collier County, Florida, and more specifically described as follows: Unit Week No. SEE EXHIBIT A, in Condominium Parcel No. SEE EXHIBIT A, of THE CHARTER CLUB OF NAPLES BAY, A CONDOMINIUM, according to the Declaration of Condominium thereof, as recorded in Official Records Book 857, Page 324, Official Records Book 950, Page 1562 and Official Records Book 1670, Page 736, of the Public Records of Collier County, Florida, and all amendments thereto. Pursuant to that certain Declaration of Condominium for The Charter Club of Naples Bay, a Condominium, as recorded in Book 857, Page 324, Official Records Book 950, Page 1562 and Official Records Book 1670, Page 736, of the Public Records of Collier County, Florida, and all amendments thereto (the “Declaration”), Obligor is liable for the payment of certain assessments, maintenance fees, and ad valorem property taxes (collectively, “Assessments, Fees and Taxes”) and The Charter Club of Naples Bay 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 Collier County, 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 $200, which amount will increase as the foreclosure proceeding progresses. Further, payment must be made by forwarding a cashier's check payable to The Charter Club of Naples Bay Owners' Association, Inc., 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, duly registered in the state of Florida as an Insurance Company, 400 South Rampart Blvd, Suite 290, Las Vegas, Nevada 89145. Association Contact: The Charter Club of Naples Bay Owners' Association, Inc. c/o Diamond Resorts Financial Services, Inc., 10600 W Charleston Blvd, Las Vegas, NV 89135 Phone: (877) 497-7521 Exhibit “A” Contract Number Owner(s) of Record / Address Unit/Week Claim of Lien Recording Date Claim of Lien Book & Page Default Amount Per Diem 880889000450 ALICE KAYS and ANNETTE MERRITT and SUSAN KAYS / 831 W ROLLINS ST APT A, MOBERLY, MO 65270-3904 UNITED STATES Unit 4B / Week 35 / Annual Timeshare Interest 02/06/15 Book 5118 / Page2967 $4,708.27 $0.00 880889001574 NORMAN A STONE and ERNESTINE A STONE and JERRY MARTIN a/k/a GERALD H. MARTIN and JOAN MARTIN / 128 BLUE FISH DR, SEBRING, FL 33870 UNITED STATES Unit 6A / Week 16 / Annual Timeshare Interest 02/06/15 Book 5118 / Page2967 $6,006.90 $0.00 880889001834 HOWARD F. BENTLEY and JANE E. BENTLEY / 8 BOTKA DRIVE, CHARLESTOWN, RI 02813 UNITED STATES Unit 8A / Week 27 / Annual Timeshare Interest 02/06/15 Book 5118 / Page2967 $7,295.33 $0.00 16735592 TIMOTHY E. OHARA and DEBORAH OHARA / 610 CREEKSIDE DR, HUBBARD, OH 44425 UNITED STATES Unit 10B / Week 33 / Annual Timeshare Interest 02/06/15 Book 5118 / Page2967 $3,766.62 $0.00 16739096 TERRY L. WILLIAMS and ROBIN R. WILLIAMS / 2206 GINGHAMSBURG FREDERICK RD, TIPP CITY, OH 45371-9621 UNITED STATES Unit 11B / Week 10 / Annual Timeshare Interest 02/06/15 Book 5118 / Page2967 $2,673.46 $0.00 Exhibit “B” Notice is hereby given to the following parties: Party Designation Contract Number Name Obligor 880889000450 ALICE KAYS Obligor 880889000450 ANNETTE MERRITT Obligor 880889000450 SUSAN KAYS Obligor 880889001574 NORMAN A STONE Obligor 880889001574 ERNESTINE A STONE Obligor 880889001574 JERRY MARTIN Obligor 880889001574 JOAN MARTIN Obligor 880889001834 HOWARD F. BENTLEY Obligor 880889001834 JANE E. BENTLEY Obligor 16735592 TIMOTHY E. OHARA Obligor 16735592 DEBORAH OHARA Obligor 16739096 TERRY L. WILLIAMS Obligor 16739096 ROBIN R. WILLIAMS FEI # 1081.00181 04/17/2015, 04/24/2015
April 17, 24, 2015 15-00879L