BHV76-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" will be foreclosed upon by the foreclosing agent, First American Title Insurance Company on behalf of PAHIO at Bali Hai Villas Interval Owners Association by sale of property secured thereby at public auction on 02/23/2018 at 1:00 p.m. at 1680 Haleukana St., Lihue, HI 96766. Each of the properties to be sold is a Timeshare Interest at Bali Hai Villas established by certain Declaration of Covenants, Conditions and Restrictions recorded on August 22, 1995 as 95-107669 in the office 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, recorded on 12/20/17 as Document No. A65630734, 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. For further information regarding this sale, you must contact PAHIO at Bali Hai Villas Interval Owners Association, 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: Aqua Legal, LLC. on behalf of, First American Title, agent for Claimant; Phone: (808) 539-7504; Address: 1099 Alakea St, suite 2430, Honolulu, Hawaii 96813 Exhibit "A" Current Owner/Ownership Interest No. DONALD R. TONOLE, SR and MARJORIE A TONOLE 3389; DAVID ALAN MONROE 16843; DAVID ALAN MONROE 16757; DOUGLAS J MC CLURE 5822; GEORGE MARTIN 18481; HOWARD M. PAUL 19333; The Heirs and or Beneficiaries of the Estate of JAMES DON MCCARTNEY 4219; JOEL LOREN SYNSTELIEN and JOLEEN KAY SYNSTELIEN 5744; SAMUEL EDWARD HEIZER and NANCY MARIE HEIZER 5781; VICKI LEE SALEN and FRANCIS HENRY SALEN 6200; ELIZABETH ANN DABAGHI 6586; THOMAS J JENNINGS and LINDA K JENNINGS and THOMAS MARK WHITCOMB, Trustee of the THOMAS MARK WHITCOMB LIVING TRUST, DTD March 4, 1993 10032; RUDY BIEN-AIME SR. and MARIE LUCIE BIEN-AIME 10102; JESSICA D. MILLER 21548; JOSEPH H STRAZZA and EMMA J WADDELL 11645; JAMES E LOVETT and DIANA LOVETT 12141; ROBERT WILLARD STEWART and ERIN STEWART 12593; DENTON L NOLAN and SADYE L POWELL 13429; SHEILA HERZ WILENSKY, Trustee of the WILENSKY FAMILY TRUST, Established October 5, 2001 14003; WILLIE C BELL and TERRI LOUISE BELL 1482; KELLY FISHER and JILL FISHER 15927; JEFFREY PAUL BAKER and DARLA RAE BAKER 17748; JOSIAH LARKIN and NAZANIN UDDIN 18232; ECASH INTERNATIONAL, LLC, an Arizona Limited Liability Company 19442; TORIBREN COTY LEILANI PAGADUAN 19500; TIMOTHY (NMN) DERRICK 20125; JC FARRIS III and JIMMIANN FARRIS 20128; Timeshare Trade Ins, LLC 20165; LEWIS G ROBERT 20189; DEBORAH R. (Init. only) THOMAS and JASMINE F (Init. only) THOMAS and CHRISTIAN D (Init. only) THOMAS 20263; TIMOTHY DERRICK 20264; JERRY DWAYNE ARCHIE 20266; TIMESHARE TRADE INS, LLC 20334; JERRY DWAYNE ARCHIE 20335; DERRICK COCHRAN 20336; JERRY DWAYNE ARCHIE 20338; JACOB MOORE 20353; LR RENTALS & REAL ESTATE LLC, a South Carolina Limited Liability Corporation 20453; WENDY JOSEFINA GIL SANTOS 20527; JOHN CATANZARO, Trustee of the CATANZARO LIVING TRUST DATED SEPTEMBER 7, 2005 and ANNAMARIA CATANZARO, Trustees of the CATANZARO LIVING TRUST DATED SEPTEMBER 7, 2005 11671; DARLENE L SCHONEFELD and DAVID L THARP 12059; DANIEL GREGORY PLUFF and SHERI MICHEL PLUFF 12422; WILLIAM L GREEN and SANDRA J CAPASSO-GREEN 14040; STACY LYNN CARLIN 14577; LAWRENCE DALE TEGHTMEYER and AURORA ANN TEGHTMEYER 1562; RUSTAM ZAKAROV 19654; ALL REAL ESTATE OWNERSHIP, INC., a Delaware corporation 19979; JACKIE JAMIESON 20124; ELIZABETH (NMN) SISLER 20401; STEPHEN PATRICK MILLER and JENNIFER ELLEN DOMPIER 3629; RODNEY COUTO and ANGELICA DURAN-COUTO 5360; The Heirs and or Devisees of the Estate of LONNY DAVIS 5666; PETER WRIGHT OEHLER 7994; PETER MULARCHUK III and CATHERINE J MULARCHUK 8615; JAMES A WEILER and PATRICIA E WEILER 9824; GREGORY DAVID NAKAGAWA 444; DOMINICK H VEGA and PAMELA M VEGA 5196
(TGI1066417 1/26, 2/2, 2/9/18)