The Garden Island
Notice #: 0001036647-01

KA15-HOA NOTICE OF DEFAULT AND INTENT TO FORECLOSE BY POWER OF SALE UNDER ASSOCIATION LIEN 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" will be foreclosed upon by the foreclosing agent, First American Title Insurance Company on behalf of MARRIOTT’S KAUAI BEACH CLUB OWNERS ASSOCIATION by sale of property secured thereby at public auction on 11/8/2017 at 1:00 p.m at 1680 Haleukana Street, Lihue, Hawaii 96766. Each of the properties to be sold is a Timeshare Interest at KAUAI BEACH CLUB established by certain Declaration of Condominium Property Regime dated March 29, 1995 recorded in the office of the Registrar of the Land Court in the State of Hawaii as Document No. 2230409 and also recorded at the Bureau of Conveyances of the State of Hawaii as Document No. 95-048462 as amended and which property is located at 3610 Rice Street, Kalapaki Beach, Lihue, HI 96766 (TMK: (4) 3-5-002-002). 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 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. 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 DISPUTED. 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 AGAINST THE PROPERTY ENCUMBERED BY SUCH LIEN AND NOT IN PERSONAM AGAINST ANY OBLIGOR For further information regarding this sale, you must contact, you must contact MARRIOTT’S KAUAI BEACH CLUB OWNERS ASSOCIATION c/o First American Title Insurance Company at 702-304-7509, 8am to 7:30 pm, (Eastern Time) Conductor of the public sale in the state of Hawaii: Aqua Legal, LLC on behalf of, First American Title, agent for Claimant; Phone: (808) 539-7504; Address: 1132 Bishop Street, Suite 1830, Honolulu, Hawaii 96813 Exhibit A – Current Owner Ownership Interest No. Deed Recordation Lien Dated Date PATRICIA M DEVER KA*0271*01*E 3614766;2007-106640:06/14/2007 3/1/2017 JEANIE MARIE NOLLE KA*0816*33*E 2484643; 98-135787; 09/14/1998 5/21/2015 HERMAN LEONALL JOHNSON and BARBARA ANN JOHNSON KA*1225*42*B 2371200, 97-036551; 03/20/1997 3/10/2017 PATRICK JEAN VINCENT and GLORIA ANN VINCENT KA*0109*47*X 2420056; 97-161651; 11/20/1997 10/26/2016 KENNETH ALLEN WALKER and SHARON LYN WALKER KA*0524*17*E 2485519; 98-138753; 09/17/1998 10/26/2016 SUSAN HOPE ALLEN and JOHN MONROE ALLEN KA*0632*01*B 2631662; 2000-081325 ;06/14/2000 10/26/2016 KENNETH ALLEN WALKER and MICHELLE RENE WALKER and PHILLIP ALLEN WALKER and SHARON LYN WALKER KA*0820*49*X 2542775; 99-073908; 05/11/1999 4/24/2017 JERRY ALAN MEYER and HEIDI HUTTON MEYER KA*1029*46*B 2377261; 97-053197; April 24, 1997 3/10/2017 ALAN WEBER WILLIS JR and KIMBERLY ANN WILLIS KA*1117*10*B 2530636; 99-045191; 03/25/1999 4/24/2017 THOMAS BROADLEY WEEKS and ANITA LEIGH WEEKS KA*0779*28*B 2652892; 2000-133950; 09/25/2000 5/19/2016 JOHN (NMN) KIRK and KATHERINE IRENE KIRK KA*0533*03*E 2464498, 98-087437; 06/18/1998 7/15/2016 PEDRO CREER ANLOAGUE, JR. and MARGARITA SEPARA ANLOAGUE KA*0103*02*X 97-107533; 2396864/ 8/12/1997 5/8/2017 MARY JANE DURISHIN KA*0387*16*B 2000-182353; 2673524; 12/27/2000 5/19/2016 LEOPOLDO SANTIBANEZ ACOT and VERA LIZA ACOT ROBLES and JOAN FEIR ACOT KA*0971*05*B 2369358 ; 97-031072; 03/10/1997 5/8/2017 1081.0083510/11/2017,10/18/2017,10/25/2017
(TGI1036647 10/11, 10/18, 10/25/17)