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Foreclosure HOA 52051-BSC3-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 Bryan's Spanish Cove, a Condominium, located in Orange County, Florida, and more specifically described as follows: Unit Week No. See Exhibit “A”, in Condominium Unit See Exhibit “A”, of Bryan's Spanish Cove, a Condominium, according to the Declaration of Condominium thereof recorded in Official Records Book 3900, Page 4510, of the Public Records of Orange County, Florida, and all amendments thereto, if any. Pursuant to that certain Declaration of Condominium of Bryan's Spanish Cove, a Condominium recorded in Official Records Book 3900, Page 4510, of the Public 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 Bryan's Spanish Cove Owners Association, Inc., a corporation not-for-profit under the laws of the State of Florida (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, 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 BRYAN'S SPANISH COVE 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 Bryan's Spanish Cove 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 S. Rampart Blvd. Ste. 290 Las Vegas, NV 89145. Association Contact: Bryan's Spanish Cove 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 Unit/Week Claim of Lien Recording Date Claim of Lien Instrument No. Default Amount Per Diem 16763407 CARLOS J. YEPEZ and HELEANA YEPEZ / 8747 TANGLEWOOD DR, SPRINGBORO, OH 45066 UNITED STATES 216/25 8/22/2016 20160436335 $6,565.99 $0.00 16764755 BILLY K. LANG and KAREN LANG / 3246 TABSCOTT RD, COLUMBIA, VA 23038 UNITED STATES 213/26 8/22/2016 20160436335 $2,188.03 $0.00 16771842 PACIFIC COAST EXCURSIONS, LLC, a Florida Limited Liability Company, not authorized to do business in the state of Florida / 2910 NW 170TH ST, OPA LOCKA, FL 33056-4324 UNITED STATES 103/11 8/22/2016 20160436335 $5,511.64 $0.00 Exhibit B - Notice is hereby given to the following parties: Party Designation Contract Number Name Obligor 16763407 HELEANA YEPEZ Obligor 16764755 BILLY K. LANG Obligor 16764755 KAREN LANG Obligor 16771842 PACIFIC COAST EXCURSIONS, LLC FEI # 1081.00653 09/29/2016, 10/06/2016
Sept. 29; Oct. 6, 2016 16-04455W