The Garden Island
Notice #: 0001057494-01

BHV75-DOT NOTICE OF MORTGAGEE’S INTENTION TO FORECLOSE UNDER NON-JUDICIAL POWER OF SALE Pursuant to Hawaii Revised Statutes §667-61 through §667-65, as amended, and Purchase Money Mortgage, Security Agreement, and Financing Statement with <See Exhibit ‘A’>, as Mortgagor, dated <See Exhibit ‘A’>, recorded in the Bureau of Conveyances of the State of Hawaii as Document No. <See Exhibit ‘A’> notice is given that BHV Development, Inc., a Delaware Corporation as Mortgagee, whose address is 6277 Sea Harbor Drive, Orlando, FL 32821, intends to foreclose its said mortgage, and will hold a sale by public auction of Fee Simple property being that certain project, Bali Hai Resort, located at 4970 Peplani Loop, Princeville, Kauai, HI 96722 (TMK: (4) 5-4-5:36), on 1/17/2018 at 1680 Haleukana Street, Llihue, Hawaii 96766 at 1:00 p.m. 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, 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 Mortgagee may submit a credit bid up to the amount of the secured indebtedness; (4) The property shall be conveyed by Mortgagee’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 Mortgagee 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 Mortgagee 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 Mortgagee’s sole responsibility shall be the return of the Bid funds tendered by Purchaser. The Purchaser shall have no further recourse against the Mortgagee or its agents, attorneys, servicers and auctioneers; (9) The sale may be postponed from time to time by public announcement by Mortgagee 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 FORELCOSURE 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 RETURN RECEIPT REQUESTED. For further particulars, contact Wyndham Vacation Resorts, Inc., (800) 251-8736 8am to 5pm, (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: 1099 Alakea Street, suite 2430, Honolulu, Hawaii 96813 Exhibit “A” Mortgagor(s) Ownership Interest No. Mortgage Document No. Mortgage Date MICHAEL D RISCH and AILYN F RISCH 1151417672 A-55340112 12/30/2014 DIANNA M FAIDLEY and RANDALL E FAIDLEY 1151108172 2011-123036 6/24/2011 JEFF L BRONER 1150908697 2009-113232 6/14/2009 MARCO V CHOMUT 1151510070 A-57860265 9/20/2015 TIMOTHY KENNETH SCHMIDT and TERRI LYNN SCHMIDT 631004991 2010-055586 3/10/2010 RAUL E DIAZ and BETHANY A DIAZ 1150700490 2007-024688 1/3/2007 DONA M GOUGH 1151512183 A-58580483 11/19/2015 PAULINE MENOR DANE and WILLIAM LEE DANE 631016904 2010-158824 9/7/2010 CHRISTINE SEUTE and MATTHEW WALT 870905049 2009-128491 7/8/2009 STEVEN A FUHRHOP and DORRIE B FUHRHOP 1150903029 2009-054201 2/23/2009 GRACE HERMOCILLA BOHOLST and ANGELO BOHOLST 1151406667 A-52700392 4/29/2014 MICHAEL FISHER and RHONDA FISHER 1150817492 2009-005930 11/18/2008 CHARLOTTE TIMMONS and TERRY TIMMONS 541007449 2010-178601 10/7/2010 TIMOTHY L BLACK and GAIL L BLACK 1151409133 A-53240360 6/18/2014 FEI# 1081.00909 12/20/2017,12/27/2017,01/03/2018
(TGI1057494 12/20, 12/27/17, 1/3/18)