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December 24, 2019
VIA FIRST CLASS MAIL and CERTIFIED MAIL
NOTICE OF DEFAULT AND
INTENT TO FORECLOSE
Dear Owner(s)/Obligor(s),
We are sending you this Notice of Default and Intent to foreclose in our capacity as the Trustee , pursuant to Section 721.856, Florida Statutes, regarding that certain timeshare interest(s) owned by Owner(s)/Obligor(s) in Orange County, Florida. This letter shall serve as your official notice that you are in default on your account by failing to make the required payments pursuant to your Promissory Note. Your failure to make timely payments resulted in you defaulting on the Note/Mortgage. Attached to and a part of this letter is a Schedule which lists the following with respect to each Owner/Obligor:
1. Name of Timeshare Plan
2. Type of Interest/Points Contract
Number
3. Name of Owner/Obligor
4. Notice address of Owner/Obligor
5. Legal Description of the timeshare
interest
6. Mortgage recording information
(Book/Page/Document #)
7. Amount currently secured by lien
8. Per diem amount
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 within such 30 day period, additional amounts will be due. The full amount has to be paid as described in the attached Notice with your credit card by calling to Holiday Inn Club Vacations Incorporated F/K/A Orange Lake Country Club, Inc., at 866-714-8679.
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 721.856, FLORIDA STATUTES. YOU MAY CHOOSE TO SIGN AND SEND TO THE TRUSTEE THE OBJECTION FORM, WHICH IS ATTACHED OR MAY 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 OBJECTION 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.
NOTICE IS HEREBY GIVEN THAT THIS ACTION IS AN ATTEMPT TO COLLECT A DEBT, THAT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, AND THT THE DEBT MAY BE DISPUTED. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT THAT ANY DEBT ASSOCIATED WITH ANY ONE OR MORE OF THE LIENS DESCRIBED ON THE ATTACHED SCHEDULE MAY HAVE BEEN DISCHARGED IN A BANKRTUPCY PROCEEDING UNTER 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.
HOLIDAY INN CLUB VACATIONS INCORPORATED F/K/A ORANGE COUNTRY CLUB, INC., IS THE CURRENT CREDITOR. ITS ADDRESS IS 9271 S. JOHN YOUNG PARKWAY, ORLANDO, FL 32819. YOU MAY ALSO CONTACT HOLIDAY INN CLUB VACATIONS INCORPORATED F/K/A ORANGE COUNTRY CLUB, INC., BY CALLING ITS MORTGAGE SERVICING DEPARTMENT TOLL FREE AT (800) 298-3706.
UPON YOUR WRITTEN REQUEST WITHIN THE THIRTY-DAY PERIOD JERRY E. ARON, P.A., WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR
Sincerely,
Jerry E. Aron, P.A., Trustee
By: Annalise Marra
Print Name: Annalise Marra
Title: Authorized Agent
TIMESHARE PLAN: Orange Lake Country Club Schedule
Property Description Type of Interest(s), as described below, in the Orange Lake Land Trust (“Trust”) evidenced for administrative, assessment and ownership purposes by Number of Points, as described below, which Trust was created pursuant to and further described in that certain Trust Agreement for Orange Lake Land Trust dated December 15, 2017, executed by and among Chicago Title Timeshare Land Trust, Inc., a Florida Corporation, as the trustee of the Trust, Holiday Inn Club Vacations Incorporated, a Delaware corporation, f/k/a Orange Lake Country Club, Inc., a Delaware corporation, and Orange Lake Trust Owners' Association, Inc., a Florida not-for-profit corporation, as such agreement may be amended and supplemented from time to time (“Trust Agreement”), a memorandum of which is recorded in Official Records Document Number: 20180061276, Public Records of Orange County, Florida (“Memorandum of Trust”)All of the terms, restrictions, covenants, conditions and provisions contained in the Declaration and any amendments thereto, are incorporated herein by reference with the same effect as though fully set forth herein.
TYPE OF INTEREST/POINTS Owner(s)/Obligor(s) Notice Address Mortgage - Orange County Clerk Book/Page/ Document# Amount Secured by Lien Per Diem
STANDARD Interest(s) /
100000 Points
WALTER TERRILL BORDERS 2519 KING CT,
CHESAPEAKE, VA 23324 N/A/N/A/20190084962 27,101.13 9.82
STANDARD Interest(s) /
100000 Points
SCOTT BRYAN CLEARY, and MELISSA JOHNSON COMBS 487 BRIAR CREEK DR, NORTH WILKESBORO, NC 28659 and 1262 OXBOW DR, CHARLESTON, SC 29412 N/A/N/A/20190126204 25,090.24 9.54
STANDARD Interest(s) /
50000 Points
PETE C DICKSON, and YOLANDA P DICKSON 24015 N RIDING DR,
TOMBALL, TX 77375 N/A/N/A/20190071338 16,795.74 6.09
STANDARD Interest(s) /
60000 Points
TREMISHA LYNN HARDIN, and ELLIOT CURTIS HEADS 3725 CAREY ST, FORT WORTH, TX 76119 N/A/N/A/20190045898 18,782.78 6.76
STANDARD Interest(s) /
55000 Points
BERNARD J. HUDGENS, and HEATHER C. HUDGENS 2 WELLINGTON AVE,
DOVER, NH 03820
N/A/N/A/20180340184 15,053.97 5.36
STANDARD Interest(s) /
300000 Points
DAVID I. MELVILLE, and ANN MARIE CLUE-MELVILLE 3 MEENA DR,
WORCESTER, MA 01603 N/A/N/A/20190095767 66,872.07 24.57
STANDARD Interest(s) /
100000 Points
TOBY VELASQUEZ, and JENNIFER LYNN VELASQUEZ 1612 PRICKLY PEAR, LOCKHART, TX 78644 N/A/N/A/20190092994 24,328.81 8.91
STANDARD Interest(s) /
100000 Points
P.A. WILLOUGHBY A/K/A PATRICIA WILLOUGHBY, 304 W 154TH ST APT 6B, NEW YORK, NY 10039 N/A/N/A/20190138488 19,728.45 7.12
March 26; April 2, 2020 20-01420W