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GBRII4B-HOA
NOTICE OF DEFAULT AND INTENT TO FORECLOSE
To: See EXHIBIT 'A' (“Obligor”)
Notice Address: See EXHIBIT 'A'
This Notice is regarding that certain timeshare interest owned by Obligor in Grand Beach Resort II, located in Orange County, Florida, and more specifically described as follows:
An undivided See EXHIBIT 'A' interest in fee simple as tenant in common in and to Condominium Unit Number(s)/Letter(s) See EXHIBIT 'A', together with a corresponding undivided interest in the Common Furnishings which are appurtenant to such Unit(s), as well as the recurring (i) exclusive right during every calendar years to reserve, use and occupy an Assigned Unit within Grand Beach Resort II, A Condominium (the “Project”); (ii) exclusive right to use and enjoy the Limited Common Elements and Common Furnishings located within or otherwise appurtenant to such Assigned Unit; and (iii) non-exclusive right to use and enjoy the Common Elements of the Project, for their intended purposes, during such Use Periods as shall properly have been reserved in accordance with the provisions of the then-current Rules and Regulations promulgated by The Grand Beach Resort II Condominium Association, Inc., all pursuant to the Declaration of Condominium for Grand Beach Resort II, A Condominium, duly recorded in the Public Records of Orange County, Florida, in Official Records Book 5968, at Page 199, as amended from time to time (the “Declaration”).
Number of Rights: See EXHIBIT 'A'
Timeshare Interest Description: See EXHIBIT 'A'
Pursuant to that certain Declaration of Condominium for Grand Beach Resort II, a Condominium, as recorded in Book 5968 at Page 199 of the Official Records of Orange 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 Grand Beach Resort II 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 Orange County, Florida, thereby perfecting the lien of Assessments, Fees, and Taxes pursuant to the Declaration and sections 721.16 and 192.037 Florida Statutes. See Exhibit “A” attached hereto for the recording information for each Claim of Lien and the amount secured by each Claim of Lien and the per diem amount to account for further accrual of the amounts secured by the 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.
If you object to the use of the trustee foreclosure procedure by signing the attached Notice of Election to Prevent Trustee Sale form, 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.
In order to be effective, the 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.
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 $250, which amount will increase as the foreclosure proceeding progresses. Further, payment must be made by forwarding a cashier's check payable to Grand Beach Resort II Condominium 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
WARNING:
1. Personal checks will not be accepted. All personal checks will be returned to sender. The foreclosure of the subject timeshare will not cease.
2. Partial payments will not be accepted. Amounts have increased since the mailing of this Notice. Please contact Grand Beach Resort II Condominium Association c/o Diamond Resorts Financial Services, Inc., 10600 W Charleston Blvd, Las Vegas, NV 89135 Phone: (877) 497-7521 for the current cure figures.
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: Grand Beach Resort II Condominium Association 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 Unit Numbers Number of Rights Undivided Interest Claim of Lien Recording Date Claim of Lien Book & Page Default Amount Per Diem 1115024 TAN CHEONG YAM and LIM M.C PHOEBE / 17 KEW AVENUE, SINGAPORE, 466298 SINGAPORE 833AB 13000 13000 / 262000 11/17/15 Book 11013 / Page6095 $1,970.16 $0.00 1183950 RON LEWIS / 1000 SEA ISLAND ROAD #31, ST SIMONS ISLAND, GA 31522 UNITED STATES 816AB, 821AB, 822AB, 823AB and 824AB 2500 2500 / 262000 11/17/15 Book 11013 / Page6095 $1,095.35 $0.00 1970727 DARCY LEE / 2 WESTCLIFF DRIVE, PLYMOUTH, MA 02360 UNITED STATES 816AB & 821AB & 822AB & 823AB & 824AB 7500 7500 / 262000 11/17/15 Book 11013 / Page6095 $7,511.45 $0.00 367084 BRENT A. CULOTTA and PAMELA H. CULOTTA / 101 GUMBO ROAD, LAFAYETTE, LA 70508 UNITED STATES 811AB & 812AB & 813AB & 814AB & 815AB 5000 5000 / 262000 11/17/15 Book 11013 / Page6095 $1,303.60 $0.00 368956 ROBERT C. DE JONGH and DONNA C. DE JONGH / PO BOX 810, ST THOMAS, VI 00804-0810 UNITED STATES 811AB & 812AB & 813AB & 814AB & 815AB 4000 4000 / 262000 11/17/15 Book 11013 / Page6095 $1,220.28 $0.00 369224 EDUARDO SANABRIA and WILMA PABON / 16 VILLA MILAGROS, CABO ROJO, PR 00623-4321 UNITED STATES 811AB & 812AB & 813AB & 814AB & 815AB 9500 9500 / 262000 11/17/15 Book 11013 / Page6095 $1,711.48 $0.00 373050 LOUIS NAPOLITANO, JR. and ANN E. NAPOLITANO / 252 ALLEN ST, LAWRENCE, NY 11559-1202 UNITED STATES 811AB & 812AB & 813AB & 814AB & 815AB 11000 11000 / 262000 11/17/15 Book 11013 / Page6095 $1,803.55 $0.00 390064 MICHAEL ENGLEMAN and LILIANN ENGLEMAN / 27 LINDA LN, ENFIELD, CT 06082-3011 UNITED STATES 816AB & 821AB & 822AB & 823AB & 824AB 3500 3500 / 262000 11/17/15 Book 11013 / Page6095 $1,191.14 $0.00 393745 FELICIA FELIX / 144 CLIFTON STREET, WALLINGFORD, CT 06492 UNITED STATES 816AB, 821AB, 822AB, 823AB and 824AB, 11000 11000 / 262000 11/17/15 Book 11013 / Page6095 $1,882.17 $0.00 393968 PETER MCRITCHIE and SANDRA MCRITCHIE / 1 EARNVIEW COURT, BURRELL STREET, COMRIE PH6 2PF UNITED KINGDOM 816AB & 821AB & 822AB & 823AB &824AB 15000 15000 / 262000 11/17/15 Book 11013 / Page6095 $2,136.85 $0.00
Exhibit “B” Notice is hereby given to the following parties: Party Designation Contract Number Name Obligor 1115024 TAN CHEONG YAM Obligor 1115024 LIM M.C PHOEBE Obligor 1183950 RON LEWIS Obligor 1970727 DARCY LEE Obligor 367084 BRENT A. CULOTTA Obligor 367084 PAMELA H. CULOTTA Obligor 368956 ROBERT C. DE JONGH Obligor 369224 EDUARDO SANABRIA Obligor 369224 WILMA PABON Obligor 373050 LOUIS NAPOLITANO, JR. Obligor 373050 ANN E. NAPOLITANO Obligor 390064 MICHAEL ENGLEMAN Obligor 393745 FELICIA FELIX Obligor 393968 PETER McRITCHIE Obligor 393968 SANDRA McRITCHIE
FEI # 1081.00425 01/28/2016, 02/04/2016
Jan. 28; Feb. 4, 2016 16-00541W