The Garden Island
Notice #: 0001087099-01

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 The Shearwater Interval Owners Association by sale of property secured thereby at public auction on 05/09/2018 at 1:00 p.m. at 1680 Haleukana Street, Lihue, Hawaii 96766. Each of the properties to be sold is a Timeshare Interest at The Shearwater established by certain Declaration of Covenants, Conditions and Restrictions recorded on 08/31/1993 in Document number 93-142493 in the office of Conveyances, State of Hawaii and as amended and which property is located at 37 Kamehameha Kauai 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. For further information regarding this sale, you must contact The Shearwater 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 Street, Suite 2430, Honolulu, Hawaii 96813. EXHIBIT “A”: Contract Number, Current Owner(s), Ownership Interest No. (ICN); 1187, VERLA VALERIE VANDENBERG, 105-31-OD; 1280, DANNY LYLE HITCHCOCK and PATRICIA FAITH HITCHCOCK, 107-11-OD; 1471, MARY ELIZABETH SCHNORR, 207-15-EO; 15788, THE FIRESIDE REGISTRY LLC,A DELAWARE LIMITED LIABILITY COMPANY, 110-020-OD-2; 1588, HIROYASU ISHII and MIYUKI ISHII, 108-52-EO; 16166, ICTHUS PROPERTIES, LLC, A NEW YORK LIMITED LIABILITY COMPANY, 109-31-EO; 1660, SHEILA HARDING BESSE and EDWARD FRANCIS BESSE, 108-11-OD; 1874, KAZUNAO MATSUZAWA and RINKO MATSUZAWA, 302-45-EV & OD; 2168, JOSEPH FRANCIS SCHNEIDER III and LORETTA LYNN SCHNEIDER, 111-47-OD; 2170, Charles N. Johnson, Trustee of the Johnson Family Trust dated April 1,2000 and Frances T. Johnson, Trustees of the Johnson Family Trust dated April 1, 2000, 111-48-OD; 2717, ALVIN JAMES HENDRYX and MITZI SUE HENDRYX, 311-30-EO; 3249, TAKAO ESAKI and MARI SHIBA, 206-30-EO; 3298, JOSEPH FRANCIS SCHNEIDER III and LORETTA LYNN SCHNEIDER, 209-39-OD; 3470, JOHN P MAJENSKI, 310-20-OD-1; 3748, EMI KAWAKAMI, 303-43-Every Year; 3791, GRIFFITH T. PARRY and DEBORAH A PARRY, 111-21-OD; 599, BARBARA PAUL, 302-27-EO & 302-38-EO; 778, PAUL LAWRENCE STANTON and REGINA RERUCHA STANTON, 20516&21OD.
(TGI1087099 4/13, 4/20, 4/27/18)