The Garden Island
Notice #: 0001031655-01

KEK15A-HOA & KEK15B-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" Current Owner Ownership Interest No. Deed Recordation Lien Dated Date JACKIE JAMIESON 13354 A57740766; 08/23/2015 8/17/2017 KELLEY HULLIHEN and HOOFBEATS WITH HEART 13357 A-57010547; 08/11/2015 8/17/2017 ROBERT DOWNES and MICHELLE DOWNES 13504 A58650748; 01/22/2016 8/17/2017 RUSTAM ZAKAROV 13345 A-57030104; 08/13/2015 8/17/2017 Jack H. Wells, Trustee of the The Wells Family Trust established July 6, 1994 and Renee Simmons Wells, Trustees of the The Wells Family Trust established July 6, 1994 284 94-138781; 08/22/1994 8/17/2017 MR. WILLIAM FRED TATTERSALL NASH 499 89-120062; 08/09/1989 8/17/2017 JOHN HATTON LEATH, JR. and ANN MORIARTY LEATH 710 88-185772; 12/23/1988 8/17/2017 CLARA ROBERTS SCOTT and JOHN DAVID SCOTT 1057 87-93029; 06/25/1987 8/17/2017 JAMES RICHARD ALLEN 1230 2000-077223; 06/05/2000 8/17/2017 Jack H. Wells, Trustee of the The Wells Family Trust established July 6, 1994 and Renee Simmons Wells, Trustees of the The Wells Family Trust established July 6, 1994 1463 94-138782; 08/22/1994 8/17/2017 THOMAS EDWARD JACKSON and NANCY MAE JACKSON 1876 87-3624; 01/12/1987 8/17/2017 JOHN RANDOLPH KUHL JR. and JENNIFER KIM KUHL 6703 88-175455; 11/20/1987 8/17/2017 ROBERT HERBERT ROSE and BONNIE LEAH ROSE 8633 97-113674; 08/26/1997 8/17/2017 CHRISTOPHER W. HART and NAJILAH HAFIZI 10458 2004-199761; 09/29/2004 8/17/2017 SUSAN C MOSER 11332 2009-101443; 06/30/2009 8/17/2017 DARYL WAYNE GIBBS and KATHRYN IRENE GIBBS 11230 2008-167678; 10/31/2008 8/17/2017 HIRAM NMN DAVIS and ROBERT CHARLES FIELDS and SHIRLEY ANN FIELDS 11982 A-43990647; 01/17/2012 8/17/2017 SCOTT SHAFFER 13493 A-58400063; 12/28/2015 8/17/2017 CHARLES DONALD TRAEGER and BONNIE LEE TRAEGER 4884 93-042615; 03/17/1993 8/17/2017 SIMON & MARKS LLC, a Florida limited liability company and Michael Marks 11669 2010-166468; 11/03/2010 8/17/2017 ROBERTO FRANCO RAMOS and JULIE E. RAMOS 4658 91-123350; 09/11/1991 8/17/2017 Coenrad Johannes Willem Zack, Trustee of the Achiever Trust dated 28 Feb 1992 and Phyllis Victoria Zack, Trustees of the Achiever Trust dated 28 Feb 1992 and Jacqueline Lee Panain, Trustees of the Achiever Trust dated 28 Feb 1992 6095 93-070015; 05/03/1993 8/17/2017 will be foreclosed upon by the foreclosing agent, First American Title Insurance Company on behalf of PAHIO TIMESHARE OWNERS ASSOCIATION by sale of property secured thereby at public auction on 11/14/2017 at 1:00 p.m. at the front entrance of the Fifth Circuit Court Building, 39710 Ka’ana Street, Llihue, Hawaii 96766. Each of the properties to be sold is a Timeshare Interest at Pahio in the Ka’Eo Kai established by certain Declaration of Covenants, Conditions and Restrictions recorded on January 2, 1982 in Book 16133 Page 596 in the office of Conveyances, State of Hawaii and as amended and which property is located at 3970 Wyllie road, 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 are 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, Purchaser shall pay 10% of the highest successful bid price ("Bid") by certified, or cashier’s check 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 CIEASED IF THE DEFAIJLTING 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. 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 IDEBT MAY BE DISPUTED. NOTWITHSTANDING THE FOREGOING, TC) 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 AGAINST THE PROPERTY ENCUMBERED BY SUCH LIEN AND NOT IN PERSONAM AGAINST ANY OBLIGOR. For further information regarding this sale, you must contact Pahio Timeshare Owners Association do Wyndham Vacation Resorts at 1800- 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#9226 PUB: 10-17-17, 10-24-17, 10-31-17
(TGI1031655 10/17, 10/24, 10/31/17)