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JERRY E. ARON, ESQ.
May 22, 2018
NOTICE OF DEFAULT AND INTENT TO FORECLOSE
To: Obligors listed on attached Schedule:
We are sending you this Notice of Default and Intent to Foreclose in our capacity as Trustee, pursuant to Section 721.855, Florida Statutes regarding that certain timeshare interest(s) owned by Obligor in Orange County, Florida.
Attached to and a part of this letter is a Schedule which lists the following with respect to each Obligor.
1. Name of Timeshare Plan
2. Name of Obligor
3. Notice address of Obligor
4. Legal description of the timeshare interest
5. Claim of Lien document number
6. Assignment of Lien document number
7. Amount currently secured by lien
8. Per diem amount
The Obligor has failed to pay when due the applicable assessments for common expenses and ad valorem taxes (“Assessments”). A Claim of Lien has been recorded in the Public Records of Orange, Florida against the Obligor's timeshare interest including any costs, expenses and attorneys fees, which amount is identified on the attached schedule. The Claim of Lien has been assigned to Orange Lake Country Club, Inc.
You have the right to cure the default by paying the full amount set forth on the Schedule plus per diem as accrued to the date of payment, on or before the 30th day after the date of this notice. If payment is not received after such 30 day period, additional amounts will be due. Please call 561-478-0511 or 1-866-341-8362 in order to ascertain the total amount due at that time. All payments must be made by cashier's check, certified check or money order (personal checks will not be accepted and will be returned by regular mail), made payable to Jerry E. Aron, P.A. Trust Account, and mailed to Jerry E. Aron, P.A., at 2505 Metrocentre Blvd., Suite 301, West Palm Beach, Florida 33407.
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 OBJECTION FORM WHICH IS EITHER ATTACHED OR CAN BE OBTAINED BY CONTACTING JERRY E. ARON, P.A., 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 OBJECTION FORM, YOU COULD BE SUBJECT TO A DEFICIENCY JUDGNMENT IF THE PROCEEDS FROM THE SALE OF YOUR TIMESHARE INTEREST ARE INSUFFICIENT TO OFFSET THE AMOUNTS SECURED BY THE LIEN.
NOTICE IS HEREBY GIVEN THAT THIS ACTION IS AN ATTEMPT TO COLLECT A DEBT, THAT ANY INFORMTION OBTAINED WILL BE USED FOR THAT PURPOSE, AND THAT THE DEBT MAY BE DISPUTED. NOTHWITHSTANDING THE FOREGOING, TO THE EXTENT THAT ANY DEBT ASSOCIATED WITH ANY ONE OF MORE OF THE LIENS DESCRIBED ON THE ATTACHED SCHEDULE MAY HAVE BEEN DISCHARGED IN A BANKRUPTCY PROCEEDING UNDER TITLE 11 OF THE UNITED STATES CODE, PLEASE BE ADVISED THAT THIS IS AN ACTION TO COLLECT A DEBT IN REM AGAINST THE PROPERTY ENCUMBERED BY SUCH LIEN AND NOT IN PERSONAM AGAINST ANY OBLIGOR.
Jerry E. Aron, P.A., Trustee
By: Monika Evans
Print Name: Monika Evans
Title: Authorized Agent
366618 -3-28-18
TIMESHARE PLAN: ORANGE LAKE COUNTRY CLUB
Schedule
Property Description: Week/Unit as described below of Orange Lake Country Club Villas III, a Condominium, together with an undivided interest in the common elements appurtenant thereto, according to the Declaration of Condominium thereof recorded in Official Records Book 5914, Page 1965 in the Public Records of Orange County, Florida, and all amendments thereto.
Week/Unit Owner(s) Notice Address Lien - Orange County ClerkBook/Page/Document# Assignment of Lien - Orange County Clerk Book/Page Document # Amount Secured by Lien Per Diem
50/87834 Contract #M1051458 David A. Folse
2622 Highway 1,
Raceland, LA, 70394-3629 20170376186 20170376187 $4,274.72 $ 0
3/86215 Contract #M1008390 John L. Lummus and Judy S. Lummus and Joseph Wade Boyett 15470 FM 252, Kirbyville, TX, 75956-4233 and 404 County Road 554, , Kirbyville, TX 75956
20170366293 20170366294 $4,274.72 $ 0
38/86637 Contract #M1074935 Rafael A. Martinez and Vanessa D. Martinez
16706 Rising Star Dr., Clermont, FL, 34714-6381 and 7900 Cumberland Park Dr., Apt. 7307, Orlando, FL 328215444 20170376234 20170376235 $4,274.72 $ 0
18/86825 Contract #M1040367 Danny Melendez
2099 Frdrck Dgls Blvd. Apt 4B, New York, NY 10026-2755
20170376182 20170376183 $4,274.72 $ 0
21/86832 Contract #M1040412 Curtis Mitchell and Graciela C. Mitchell a/k/a Graciela Garcia-Mitchell, a/k/a Graciela C. Garcia
520 Holland Dr.,
W. Sacramento, CA, 95605-2011 and 2510 Kents Ct.,
W. Sacramento, CA 956914213 20170376182 20170376183 $4,363.19 $ 0
35/87941 Contract #M1051661 Nuncy Rembert, III and Tamera J. Turner 443 Arrowhead Dr., Montgomery, AL, 36117-4146 and 4815 Woodford Circle, Bessemer, AL 350226990 20170376186 20170376187 $4,348.03 $ 0
35/86463 Contract #M1085460 Jose Rodriguez and Johanna M. Pimiento
670 Josh Lane, Lawrenceville, GA, 30045-3150 and 969 Payton Way, Tucker, GA 300841534 20170378323 20170378324 $5,788.34 $ 0
366618 - 3/28/2018, III
Sept. 20, 27, 2018 18-04680W