NOTICE OF INTENT TO FORECLOSE INTERVAL OWNERSHIP INTEREST AND OF SALE BY PUBLIC AUCTION. Batch KA62-HOA. 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 11/28/2018 at 1:00 p.m at 1680 Haleukana Street, Lihue, Hawaii 96766. Each of the properties to be sold is a Timeshare Interest at KAUAI BEACH CLUB established by certain Declaration of Condominium Property Regime recorded on April 11, 1995 as Document No. 95-048462 in the office of Conveyances, State of Hawaii and as amended and which property is located at 3610 Rice Street, Kalapaki Beach, Lihue, HI 96766. The Timeshare Interest as noted on the Notice of Lien for delinquent assessments, 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. For further information regarding this sale, 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: 1099 Alakea Street, Suite 2430, Honolulu, Hawaii 96813. EXHIBIT “A”: Current Owner(s), Ownership Interest No. (ICN), Lien Document No.; TERRANCE EDWARD STALLCOP and MIRIAM NANCY STALLCOP, 0101-26-O, A-67020738; ROBERT JOHN FENDER and BEVERLY ANN FENDER, 0105-06 Even, A-67020740; DINA MARIE LAMMON, 0201A13*X, A-67020746; MYRON FRANCIS SMITH and SANDRA JOAN SMITH, 0205A30, A-67020748; ROBERT LEE ARNDS and NATALIE ANNE ARNDS, 0207-35- Odd, A-67020750; TERRY WAYNE CHEEK and REBECCA SUE CHEEK, 0211-33-Even, A-67020752; FRANK MILTON WELLS and MARY ANN WELLS, 0277D32, A-67020761; ROD A. SHIPMAN, As Trustee of the RJ TRUST DATED APRIL 4, 2003 and JULY L. ANTHONY-SHIPMAN, As Trustees of the RJ TRUST DATED APRIL 4, 2003, 0303A08, A-67020766; JOSEPH ARTHUR BREWER III and STEPHANIE ROSE BREWER, 0309A51*E, A-67020771; ROMEO GALLO ROXAS, 0313A46, A-67020772; ROMEO GALLO ROXAS, 0313A47, A-67020773; ANTHONY DWAYNE WILLIAMS SR., 0332B44*X, A-67020776; SEBASTIAN GUIDO DAVI and MICHAEL ANN DAVI, 0336B36, A-67020779; ELIZABETH MARIE QUARANTIELLO, 0367D16, A-67020785; MARY JANE DURISHIN, 038716, A-67020792; RICHARD FRANK YANDA and KATHLEEN JANE YANDA, 0429B13, A-67020796; RICHARD L. TEWKSBURY, Trustee of the RICHARD L. TEWKSBURY TRUST DATED JANUARY 23, 1992, 0446C04*X, A-67020807; THERESA CHEN, 0450C48*X, A-67020812; BENJAMIN JAMIE FRYDMAN and ALDONIA LUCIA VALASINAS, 0485D40, A-67020821; PEGGY LIN RUDNICK and DANIEL RICHARD RUDNICK, 0487D16*X, A-67020823; MICHAEL FREDRICK BARRETT and LINDA PULLIAM BARRETT, 0490D21*X, A-67020825; TERRY WAYNE CHEEK and REBECCA SUE CHEEK, 0533B01*X, A-67020829; HARRIS LEE HYMAN and HARRIET HONEY HYMAN, 0547C40, A-67020834; VINCENT (NMN) DEANGELIS and FULVIA ANN DEANGELIS, 0550C13, A-67020835; TERRANCE E. STALLCOP, Trustee of the STALLCOP FAMILY TRUST DATED NOVEMBER 22, 1999 and MIRIAM N. STALLCOP, Trustee of the STALLCOP FAMILY TRUST DATED NOVEMBER 22, 1999, 0617B52*X, A-67020841; THOMAS RAYMOND LEARY, 0632B32, A-67020845; MAX E. BARTON and BEVERLY JEAN BARTON, 0663D37, A-67020846; MYRON FRANCIS SMITH and SANDRA JOAN SMITH, 0671D02*X, A-67020848; MARTY PHILIP NAPOLEON, 0687D51, A-67020850; LINDA A. APRUZZESE and LISA GIUNTA, 0725B04*X, A-67020857; WILLIAM ANDREW DORGAN and MARY ANNE DORGAN, 0816B27*X, A-67020871; LEONOR REYES GARMSEN, 0863D45, A-67020890; GROVER WILLIAM JONES JR and VIRGINIA MARDELL JONES, 0881D52, A-67020894; HEATHER MARIE HICKSON-ROULEAU and CHRISTOPHER EUGENE ROULEAU, 0885D02, A-67020895; OLIVER TOSHIO SEMBA and JENNY TERUKO SEMBA, 0916B33, A-67020896; MARCEL JACOB WIEPJES and KATHRYN LOUISE WIEPJES, 0928B10, A-67020902; CLIFFORD CUBE FERNANDO and LOUELLA CONCEPCION FERNANDO, 0979D41, A-67020905; WILLIAM LELAND MOSS, SR. and CASSANDRA JEANETTE MOSS, 1025B50, A-67020910; FRED GILMORE ARMSTRONG, JR. and MARY ALICE ARMSTRONG, 1124B36, A-67020917; JEFFREY LEE MILLER and KATHLEEN ANN MILLER, 1125B05, A-67020920; CARLOS HUMBERTO ALVARADO and SONIA FERNANDEZ ALVARADO, 1129B07, A-67020922; HERMAN LEONALL JOHNSON and BARBARA ANN JOHNSON, 1225B42, A-67020925.
(TGI1144643 10/30, 11/6, 11/13/18)