The Garden Island
Notice #: 0001031139-01

BHV74-HOA NOTICE OF INTENT TO FORECLOSE INTERVAL OWNERSHIP INTEREST AND OF SALE BY PUBLIC AUCTION NOTICE IS HEREBY GIVEN pursuant to Hawaii Revised Statutes § 514E-29 and Part IV of Chapter 687 H.R.S, as amended, and the Declaration of Covenants, Conditions and Restrictions that the following timeshare interests shown below in Exhibit "A" Exhibit A: Ownership Interest No. Deed Recordation Lien Dated Date SHARON F CARROLL and NEIL GOLDHAR 870908548 2010-102900; 07/20/2010 8/24/2017 KENNETH EVITT 870809357 2009-031132; 03/03/2009 8/24/2017 RANDALL PETERSON 870809720 2009-016958; 02/06/2009 8/24/2017 JOHN RATCLIFF 1151005220 2010-074723; 06/01/2010 8/24/2017 EMERSON MACRAE and DOROTHY MACRAE 871000212 2010-020663; 02/16/2010 8/24/2017 LARRY KENT GREEN and KATHERINE LEE GREEN 1150716447 2008-081420; 05/21/2008 8/24/2017 MASATO IIDA 1150906535 2009-188527; 12/11/2009 8/24/2017 BRENDA GRUNDVIG SPEIRS 871003778 2010-092187; 07/01/2010 8/24/2017 LAWRENCE M KUNKEL and BARBARA W KUNKEL 1150809804 2008-155481; 10/07/2008 8/24/2017 BILLY GEORGE LUDOLPH and NEMIA GEMARINO LUDOLPH and DIANA INIGO LUA 630906501 2009088151; 06/09/2009 8/24/2017 JEFFREY J CRAIG and MAUREEN L CRAIG and JULIAN M IGOE and KYLIE L CRAIG 631021185 2010-1870622; 12/06/2010 8/24/2017 NANCY LEE HURWITZ KORS 870807856 2008-189518; 12/18/2008 8/24/2017 DAVID V JONES 1151101946 2011-040224; 03/09/2011 8/24/2017 KEVIN HARRIS and TERESA HARRIS 871004420 2010-102333; 07/20/2010 8/24/2017 KORY PIKE and VANESSA PIKE 871009122 2010-172629; 11/10/2010 8/24/2017 RICHARD O MILLS and BETTIE L MILLS 1151012598 2010-153720; 10/12/2010 8/24/2017 HEATHER EDWARDS and RONALD MARCOTTE 1151300050 A-47980007A thru A-47980007C; 02/19/2013 8/24/2017 SUVIMOLMANEE DOBIAS and ROBERT DOBIAS 1151505153 A-56600437A thru A-56600437C; 07/01/2015 8/24/2017 will be foreclosed upon by the foreclosing agent, First American Title Insurance Company on behalf of BALI HAI VILLAS VACATION OWNERS ASSOCIATION, INC., by sale of property secured thereby at public auction on 11/14/2017 at 1:00 p.m. at the Fifth Circuit Court Building, 3970 Ka’ana Street, Llihue, HI 96766. Each of the properties to be sold is a Timeshare Interest: at Bali Hai Villas established by certain Declaration of The Pahio at Bali Hai Villas Interval Ownership Plan recorded on August 22, 1995 as Document Number 95- 107569 in the Bureau of Conveyances, State of Hawaii and as amended and which property is located at 4970 Pepelani Loop, Princeville, Kauai, HI 96722. The Timeshare Interest as noted on the Notice of Lien, which has been filed against the record owner, consists of delinquent maintenance fees, (plus interest, late charges, and collection and enforcement costs). Each of the properties is to be sold as an undivided timeshare interest. There will be no open houses. Terms of the sale are: (1) No upset price. (2) Property sold without covenant or warranty, express or implied, as to the title possession or encumbrances; (3) at the close of the auction, the successful Purchaser shall pay 10% of the highest successful bid price ("Bid") by money order, certified, or cashier’s check drawn against a United States based financial institution, in US Currency, made payable to FIRST AMERICAN TITLE COMPANY as a non-refundable deposit; provided that the Association may submit a credit bid up to the amount of the secured indebtedness; (4) The property shall be conveyed by the Association’s quitclaim conveyance. Purchaser shall meet the following obligations: (a) Purchaser shall deliver a cashier’s check no later than 15 days after the auction, to escrow for the balance of the Bid; (b) Purchaser shall pay all closing costs including, but not limited to: costs of document drafting, notary fees, consent fees, escrow fees, conveyance tax, recordation fees and other charges, together with any special assessments which may arise under HRS 514B 146(g)(h)(i); (5) Purchaser shall provide the auctioneer with the selected names (vesting) and tenancy for title to the property at the conclusion of the auction; (6) Purchaser shall be responsible for obtaining title insurance, if so desired, however, the availability of title or other insurance shall not be a condition of closing; (7) Time is of the essence in this transaction and any delay in performance by Purchaser which prevents the closing from occurring within 30 days after the auction shall cause the Association to sustain damages in amounts which will be difficult to ascertain. In the event the sale does not close because of any delay in performance by the Purchaser as herein stated, the 10% down payment may be retained by the Association as liquidated damages and not as a penalty; (8) If title is not conveyed to Purchaser for any reason, other than Purchaser’s failure to perform as specified herein, the Association’s sole responsibility shall be the return of the Bid funds tendered by Purchaser. The Purchaser shall have no further recourse against the Association or its agents, attorneys, servicers and auctioneers; (9) The sale may be postponed from time to time by public announcement by the Association or someone acting on its behalf; (10) By submitting the Bid, Purchaser acknowledges reading the terms and conditions set forth in this notice and agrees to be bound thereby and sign a written acceptance of all terms herein. THE DEFAULTED AMOUNT DUE MAY BE CURED AND THE FORECLOSURE ACTION CEASED IF THE DEFAULTING PARTY PAYS ALL DELINQUENT AMOUNTS DUE PLUS ALL PENALTIES, INTEREST, AND COSTS OF THE FORECLOSURE ACTION UP TO THE DATE OF PAYMENT. SAID AMOUNTS DUE MUST BE PAID NO LATER THAN THREE (3) BUSINESS DAYS PRIOR TO THE DATE OF SALE. THERE IS NO RIGHT TO CURE THE DEFAULT OR ANY RIGHT OF REDEMPTION AFTER THAT TIME… IF THE DEFAULT CONTINUES AFTER THE DEADLINE DATE SPECIFIED ABOVE, THE PROPERTY MAY BE FORECLOSED AND SOLD WITHOUT ANY COURT ACTION AND WITHOUT GOING TO COURT. YOU MAY HAVE LEGAL RIGHTS OR DEFENSES. FOR ADVICE, YOU SHOULD CONSULT WITH AN ATTORNEY LICENSED IN THE STATE OF HAWAII. THE PROPERTY WILL BE SOLD WITHOUT ANY OPEN HOUSES BEING HELD. ALL FUTURE NOTICES AND CORRESPONDENCE WILL BE MAILED TO YOU AT THE ADDRESS AT WHICH YOU RECEIVED THIS NOTICE UNLESS YOU SEND WRITTEN INSTRUCTIONS TO THE ADDRESS BELOW PROVIDING A DIFFERENT ADDRESS. THE WRITTEN INSTRUCTIONS MUST BE SENT BY CERTIFIED MAIL OR REGISTERED MAIL OR BY EXPRESS MAIL, POSTAGE PREPAID AND RETIJRN RECEIPT REQUESTED.
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 THAT THE DEBT MAY BE DISPUTEID. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT THAT ANY DEBT ASSOCIATED WITH ANY ONE OR MORE OF THE LIENS DESCRIBED ON EXHIBIT ‘A’ HERETO 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 AGAINSTTHE PROPERTY ENCUMBERED BY SUCH LIEN AND NOT IN PERSONAM AGAINST ANY OBLIGOR. Prior to the deadline date, should you desire to cure the default, you must contact Bali Hai Villas Vacation owners Association, Inc. c/o Wyndham Vacation Resorts at 1-800- 251-8736, 8am to 5pm, (Eastern Time) Conductor of the public sale in the state of Hawaii: Trustee’s Assistance Corporation on behalf of, First American Title, agent for Claimant; Phone: (808) 539-7504; Address: 1132 Bishop Street, suite 1830, Honolulu, Hawaii 96813, tac#9224 PUB: 10-17-17, 10-24-17, 10-31-17
(TGI1031139 10/17, 10/24, 10/31/17)