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NOTICE OF SALE
WARNING! A SALE OF YOUR PROPERTY IS IMMINENT! UNLESS YOU PAY THE AMOUNT SPECIFIED IN THIS NOTICE BEFORE THE SALE DATE, YOU COULD LOSE YOUR TIMESHARE ESTATE, EVEN IF THE AMOUNT IS IN DISPUTE. YOU MUST ACT BEFORE THE SALE DATE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDINGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER.
Date of Sale: 02/01/16 at 1:00 PM Batch ID: Foreclosure HOA 49605-MP5-HOA
Place of Sale: OUTSIDE OF THE NORTHEAST ENTRANCE OF THE BUILDING LOCATED AT 2300 MAITLAND CENTER PARKWAY, MAITLAND, FL 32751
This Notice is regarding that certain timeshare interest owned by Obligor in the MVC Trust, located in Orange County, Florida, with and more specifically described as follows:
(see Interval Description on Exhibit “A”) Interests (numbered for administrative purposes: (see Interval Description on Exhibit “A”) ) in the MVC Trust (“Trust”) evidenced for administrative, assessment and ownership purposes by (see Interval Description on Exhibit “A”) Points (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 January 1, 2013 (subject to Section 3.5 of the Trust Agreement).
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 Trust Plan 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 192.037, 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.
The Obligor and any Junior Interestholder have the right to cure the default and to redeem its respective interest up to the date the trustee issues the certificate of sale by paying in full the amounts owed as set forth on Exhibit “A” attached hereto, including per diem up to and including the day of sale, by delivering cash or certified funds to the Trustee.
See Exhibit “A” attached hereto for (1) the name and address of each Obligor , (2) the legal description of the timeshare interest, (3) the recording information for each Claim of Lien, (4) the amount secured by each Claim of Lien, and (5) the per diem amount to account for the further accrual of the amounts secured by each Claim of Lien.
See Exhibit “B” attached hereto for (1) the name and address of each Junior Interestholder,
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, 2300 Maitland Center Parkway, Suite 201, Maitland, FL 32751; Phone: 702-304-7509.
First American Title Insurance Company
Dated: 01/06/2016 ____________________________
Tiffany Rose Ortiz, Trustee Sale Officer
Signed, sealed and delivered in our presence:
____________________________
Witness Signature
Witness Signature
Print Name: __________________
Print Name: _____________________
State of FLORIDA}
ss
County of ORANGE}
On January 6, 2016 before me, Lizette Velez the undersigned Notary Public, personally appeared Tiffany Rose Ortiz personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature ____________________________________________ (Seal)
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*0492/11,12,13,14 4 / 049211 & 049212 & 049213 & 049214 / January 1, 2013 MILDRED CAPLAN/2527 B Whitewater Club Dr. , Palm Springs, CA 92262 UNITED STATES 06-05-15; Book 10929 / Page5897 $0.00 $3,241.40 Exhibit “B”- Contract Number Name Notice Address N/A N/A N/A
FEI # 1081.00399 01/14/2016, 01/21/2016
January 14, 21, 2016 16-00158W