16-02058C

Foreclosure HOA 56831-CCN5-HOA-01 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 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 192.037 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 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 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 The Charter Club of Naples Bay Owners' Association, Inc., 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 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 16726170 MATTHEW MURPHY and RUTH I. MURPHY / 1908 RATTENBURY RD, STANLEY BRIDGE, PE C0A 1E0 CANADA Unit 2C / Week 18 / Annual Timeshare Interest 09/07/16 Book 5311 / Page2127 $869.52 $0.00 16726198 MATTHEW MURPHY and RUTH I. MURPHY / 1908 RATTENBURY RD, STANLEY BRIDGE, PE C0A 1E0 CANADA Unit 2C / Week 19 / Annual Timeshare Interest 09/07/16 Book 5311 / Page2127 $869.52 $0.00 16725668 ROBERT K. JENKINS and ESTHER E. JENKINS / 4447 TODD PL, COLUMBUS, OH 43207 UNITED STATES Unit 3A / Week 40 / Annual Timeshare Interest 09/07/16 Book 5311 / Page2127 $1,238.61 $0.00 16728089 FREDERICK CALDWELL and NOREEN V. CALDWELL / 172 CUSTERS CT, NORTH FORT MYERS, FL 33917-2968 UNITED STATES Unit 5B / Week 49 / Annual Timeshare Interest 09/07/16 Book 5311 / Page2127 $1,239.86 $0.00 16733842 MICHAEL KIMMONS / 1508 CARLIMAR LANE, LOUISVILLE, KY 40222 UNITED STATES Unit 4B / Week 31 / Annual Timeshare Interest 09/07/16 Book 5311 / Page2127 $1,239.86 $0.00 16738325 CHRISTOPHER S RODGERS and LAUREN A ROGERS / 196 BROOKMEAD RD, WAYNE, PA 19087-1331 UNITED STATES Unit 1B / Week 18 / Annual Timeshare Interest 09/07/16 Book 5311 / Page2127 $1,239.86 $0.00 16743158 LESLIE A. HELM / 1156 RORDEN AVE, SELMA, CA 93662-9736 UNITED STATES Unit 5A / Week 29 / Annual Timeshare Interest 09/07/16 Book 5311 / Page2127 $1,239.86 $0.00 16743391 MICHAEL D. KIMMONS / 1508 CARLIMAR LANE, LOUISVILLE, KY 40222 UNITED STATES Unit 7A / Week 39 / Annual Timeshare Interest 09/07/16 Book 5311 / Page2127 $1,239.86 $0.00 16732808 ANN M. REGAN / 25 WHITE AVENUE, NEWTON CENTER, MA 02459 UNITED STATES Unit 6A / Week 15 / Annual Timeshare Interest 09/07/16 Book 5311 / Page2127 $1,492.21 $0.00 16742889 BEATRICE ANITA WEATHERS / 3801 HAMILTON AVE, BALTIMORE, MD 21206-3504 UNITED STATES Unit 5A / Week 32 / Annual Timeshare Interest 09/07/16 Book 5311 / Page2127 $1,501.48 $0.00 16735655 ELLA SANDUCCI / 76 BLOOMFIELD ST APt 12D, HOBOKEN, NJ 07030 UNITED STATES Unit 5B / Week 31 / Annual Timeshare Interest 09/07/16 Book 5311 / Page2127 $2,040.11 $0.00 16741041 ROBERT C. MARQUINEZ and MARIA CLARISSA MARQUINEZ / 3404 MAJESTIC VIEW DR, LUTZ, FL 33558-5007 UNITED STATES Unit 8B / Week 32 / Annual Timeshare Interest 09/07/16 Book 5311 / Page2127 $2,085.67 $0.00 17182591 RAINIER CAUSING and LALAINE CAUSING / 2447 QUAIL RUN RD., KISSIMMEE, FL 34744 UNITED STATES Unit 9C / Week 37 / Annual Timeshare Interest 09/07/16 Book 5311 / Page2127 $2,401.07 $0.00 16743263 L EDWIN WILLIAMS II and SANDRA F. WILLIAMS / 815 HENSEL HILL RD W, PORT ORANGE, FL 32127-5834 UNITED STATES Unit 2C / Week 27 / Annual Timeshare Interest 09/07/16 Book 5311 / Page2127 $2,600.23 $0.00 Notice is hereby given to the following parties: Party Designation Contract Number Name Obligor 16726170 MATTHEW MURPHY Obligor 16726170 RUTH I. MURPHY Obligor 16726198 MATTHEW MURPHY Obligor 16726198 RUTH I. MURPHY Obligor 16725668 ROBERT K. JENKINS Obligor 16725668 ESTHER E. JENKINS Obligor 16728089 FREDERICK CALDWELL Obligor 16728089 NOREEN V. CALDWELL Obligor 16733842 MICHAEL KIMMONS Obligor 16738325 CHRISTOPHER S RODGERS Obligor 16738325 LAUREN A ROGERS Obligor 16743391 MICHAEL D. KIMMONS Obligor 16735655 ELLA SANDUCCI Obligor 16741041 ROBERT C. MARQUINEZ Obligor 16741041 MARIA CLARISSA MARQUINEZ Obligor 17182591 RAINIER CAUSING Obligor 17182591 LALAINE CAUSING Obligor 16743263 L EDWIN WILLIAMS II Obligor 16743263 SANDRA F. WILLIAMS FEI # 1081.00672 10/21/2016, 10/28/2016
October 21, 28, 2016 16-02058C

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