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NOTICE OF DEFAULT AND INTENT TO FORECLOSE
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: (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 10/01/2010 (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 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. 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 $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 WARNING: Personal checks will not be accepted. All personal checks will be returned to sender. The foreclosure of the subject timeshare will not cease. Partial payments will not be accepted. Amounts have increased since the mailing of this Notice. Please contact O.R.B.I.T. Owners Association, Inc. c/o Diamond Resorts Financial Services, Inc. 10600 W. Charleston Blvd. Las Vegas, NV 89135 Phone (877) 497-7521, for the current cure figures. See Exhibit “A” for contact information. 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 International Parkway, Suite 380, Lake Mary, FL 32746; 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*0566/38,39,40,41,42,43,44,45,46,47,48,49,50,51,52&0567/01 16 / 056638 & 056639 & 056640 & 056641 & 056642 / 10/01/2010 MATTHEW C. COOK and DIANE A. COOK/4512 HOFFMAN FARMS DR, HILLIARD, OH 43026 UNITED STATES 03-24-16; 20160150483 0.20 $4,911.92 MP*0747/47,48,49,50,51,52&0748/01,02,03 9 / 074747 & 074748 & 074749 & 074750 / 01/01/2011 LOW BAN NE and PHEK BOK JEE/22, JALAN USJ 9/3L, SUBANG JAYA 47620 MALAYSIA 03-24-16; 20160150472 0.12 $3,015.53 Notice is hereby given to the following parties Party Designation Contract Number Name Obligor MP*0566/38,39,40,41,42,43,44,45,46,47,48,49,50,51,52&0567/01 MATTHEW C. COOK Obligor MP*0566/38,39,40,41,42,43,44,45,46,47,48,49,50,51,52&0567/01 DIANE A. COOK Obligor MP*0747/47,48,49,50,51,52&0748/01,02,03 LOW BAN NE Obligor MP*0747/47,48,49,50,51,52&0748/01,02,03 PHEK BOK JEE
FEI # 1081.00556
05/12/2016, 05/19/2016
May 12, 19, 2016 16-02286W