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May 5, 2019
JERRY E. ARON, ESQ.
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. Week/Unit/Contract Number
3. Name of Obligor
4. Notice address of Obligor
5. Legal description of
the timeshare interest
6. Claim of Lien document number
7. Assignment of
Lien document number
8. Amount currently secured by lien
9. 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
TIMESHARE PLAN:
Orange Lake Country Club
Schedule
Property Description: Week/Unit as described below of Orange Lake Country Club Villas I, 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 3300, Page 2702 in the Public Records of Orange County, Florida, and all amendments thereto.
Week/Unit/Contract # Owner(s) Notice Address Lien - Orange County Clerk Document# Assignment of Lien - Orange County Clerk Document # Amount Secured by Lien Per Diem
52/53/086562
Contract #M6241555
KIMBERLY MARSHALL
3110 STONE RD,
MERRIAM WOODS VILLAGE,
MO 65740
20180445184 20180445185
$5,557.43 $0.00
23/000191
Contract #M6269299
JAMES A. ROLLINS 4176
WILHITE RD,
SEVIERVILLE, TN 37876
20180470985 20180470986
$4,454.53 $0.00
44/002622
Contract #M6263495
DWAYNE SAM SMEREK,
ANGELA SUE SMEREK
8501ASTRONAUT BLVD
STE 5 PMB 184,
CAPE CANAVERAL, FL 32920
and 1180 COVINA ST,
COCOA, FL 32927
20180354840 20180354841
$4,203.29 $0.00
47/003207
Contract #M6258865
BARBARA B. VERHOFF,
WILFRED A. VERHOFF, II
8686 NW 40TH ST,
CORAL SPRINGS, FL 33065
and 1155 BAYRIDGE DR,
LEWIS CENTER, OH 43035
20180511571 20180511572
$3,478.92 $0.00
NJOLCCA 12/10/2018
May 16, 23, 2019 19-02113W