The Garden Island
Notice #: 0001160477-01

NOTICE OF INTENT TO FORECLOSE INTERVAL OWNERSHIP INTEREST AND OF SALE BY PUBLIC AUCTION. Batch BHV85-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 PAHIO at Bali Hai Villas Interval Owners Association by sale of property secured thereby at public auction on 02/06/2019 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, 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 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. Dated: December 21, 2018. EXHIBIT “A”: Current Owner(s), Ownership Interest No. (ICN); CHANCE P. MURPHY and VANESSA C. CASTILLO, 1121-10-EV; RESORT RECLAMATIONS, LLC, A WYOMING LIMITED LIABILITY COMPANY, 315-20-EV & 315-21-EV; KENNETH J. FORTUNATI and ALESIA A. FORTUNATI, 1123-27-OD; ALBERT G HERMSEN and RENATE J HERMSEN, 415-46-EV & 47-EV; DIANE J. GALLENBERGER, 1116-38-EV; JUDITH SUSAN WILLIAMS, 517-02-EV; BRUCE G JOHNSON, A06E/0611/09; ARTHUR F BERGER JR and DORIS M BERGER, 621-06-EO; LEYTON ALEXANDER SR. and DEBORAH KAY ALEXANDER, 224-06-EV; Utopia World, LLC, A Delaware Limited Liability Company, 921-08-EO; UTOPIA WORLD, LLC, A DELAWARE LIMITED LIABILITY COMPANY, 1024-27-EO; STEPHEN PAUL WILLIAMS, 914-19-EV; KELLY FISHER and JILL FISHER, A05E/0512/24; STALKSTEIN, LLC, A MISSOURI LIMITED LIABILITY COMPANY, A06E/0615/38; JOSEPH W. GUTHRIE JR and KENDRA L. GUTHRIE, A02E/0212/32; HUMANARIUM FOUNDATION, DULY ORGANIZED AND EXISTING UNDER AND BY VIRTUE OF THE LAWS OF THE STATE OF NEVADA, 1015-10-EV; LR RENTALS AND REAL ESTATE LLC, A SOUTH CAROLINA LIMITED LIABILITY CORPORATION, 912-41-EVEN; ZAVEN SARGIS, 213-8-EV; LR RENTALS AND REAL ESTATE LLC, A SOUTH CAROLINA LIMITED LIABILITY CORPORATION, 124-33-EVEN; VIRGEN M GONZALEZ-MAJOR and BRUCE MAJOR, 924-026-EO; CARLOS REDMOND, 910-EO; DAVID (NMN) GOUSO, 925-39-EV; DELBERT LEE PHILLIPS III, 1111-48-EV; MARY MAUREEN HALL and GARY LAROY HALL, 121-34-EV; RICHARD O. MILLS and BETTIE LOU MILLS, 211-09-EV; STEVEN ORMAN MAYS and ALBERTA MAYS-MARTINEZ, 215-49-EV; ROBERT MARVIN MYERS and CAROL LYNN MYERS, 216-35-EV; DELPHINE SONJA WALTER and WILLIAM CHARLES MILLER, 217-51-EV & 217-52-EV; JAMES CLARK MURPHY and SHIRLEY MAE MURPHY, 214-39 EV & 51 OD; The Heirs and or Beneficiaries of the Estate of ALBERT GUSTAVE HERMSEN, and The Heirs and or Beneficiaries of the Estate of RENATE JULIAN HERMSEN, 221-23-EV; LAVAR J. MOFFITT, Trustee of the LAVAR J. MOFFITT AND MARILYN H. MOFFITT TRUST, AS AMENDED AUGUST 28, 1985 and MARILYN H. MOFFITT, Trustee of the LAVAR J. MOFFITT AND MARILYN H. MOFFITT TRUST, AS AMENDED AUGUST 28, 1985, 211-39-EV; JOHN BIRKINBINE II, Trustee of the JOHN BIRKINBINE II FAMILY TRUST DATED 8/28/95, 312-19-EO & 312-20-EO; BRUCE GREGG JOHNSON and ELIZABETH ALICE JOHNSON, 823-01/02-EV/OD; ROBERT EARL LIGHT, Trustee of the LIGHT FAMILY TRUST DATED AUGUST 7, 2008 and VERA NADINE LIGHT, Trustee of the LIGHT FAMILY TRUST DATED AUGUST 7, 2008, 815-30-EO; NORMAN V. COOLEY and LUCY D. MONTALVO, 224-19-EV; LORI A HOLMES and SHARON K EARL, 322-48 EV; TIMESHARESBEGONE.LLC, 810-43-EV; RICHARD B. MALLIO and OSEE C. MALLIO, 811-4 and 5-EO; PAUL MARTIN ERNSTING and SUSAN MARIE ERNSTING, 910-49-EV; JEROME S ROMAINE and ELIZABETH M ROMAINE, 910-21-EV; MARCUS TODD STRICKLER and ANGELA VERRED STRICKLER, 324-01-EV; DAVID F SCHUMAN and JENNIFER W SCHUMAN, 917-37-EV; ERIC L. BRANDT and MARIA C. BRANDT, 921-33-EV; CHARLES E CANNON and DOROTHY J CANNON, 820-4-EV; CAROL A. MANLY and PHYLLIS L. HEARD and IRIS C. DOUGANS, 923-43-EV; DONALD WESLEY WILES and GLORIA S WILES, 914-16-EV; KRISTY ANN MALDE, 813-25-EV; RANDALL M YEATES and DOTTIE LOU YEATES, 221-48-EV; CHARLES BACHMAN SCHULTZ and SHARON MC STRAVICK SCHULTZ, 814-32-EV; JON EDWARD DUFF and MARIA DE LOS ANGELES DUFF, 925-38-EV; TOYOSHI "NMN" INUZUKA and HITOMI "NMN" INUZUKA, 321-20-EO; JOHN JAMES STEWART, 924-07-EV; GREGORY MICHAEL WALSH and HEATHER LYNN WALSH, 213-40-EO; JON MICHAEL SHIDLER, Trustee of the SHIDLER REVOCABLE LIVING TRUST Dated 3/16/93 and MARILYN KAY SHIDLER, Trustee of the SHIDLER REVOCABLE LIVING TRUST Dated 3/16/93, 1023-43 & 43-EV; GEORGE P ROBINSON and LANE V ROBINSON, 1016-27-EV; RONALD G. BRAJKOVICH and SHIRLEY W. BRAJKOVICH, 1021-02-EO; The Heirs and or Beneficiaries of the Estate of JIM C. BURGUM, 926-14-EV.
(TGI1160477 1/2, 1/9, 1/16/19)