NOTICE OF MORTGAGEE’S INTENTION TO FORECLOSURE UNDER NON-JUDICIAL POWER OF SALE. Notice is Hereby Given pursuant to Hawaii Revised Statutes §667-61 through §667-65 and Purchase Money Mortgage, Security Agreement, and Financing Statement with (See Schedule “1”), as Mortgagor, dated (See Schedule “1”), recorded in the Bureau of Conveyances of the State of Hawaii as Document No. (See Schedule “1”), that a mortgage lien exists against each of the Vacation Ownership Interests identified on (Schedule “1”) in favor of BHV Development, Inc., A Delaware Corporation, for failure to pay the amounts owed and secured by the respective Mortgages. BHV Development, Inc., a Delaware Corporation, as Mortgagee, whose address is c/o Wyndham Vacation Resorts 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 Villas Condominium, located at 4970 Pepelani Loop, Princeville, HI 96722 at Ahukini State Recreational Pier, 3651 Ahukini Road, Lihue, HI 96766, at the Pier Entrance on September 29, 2021 at 1:30 pm (hst).
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 K&L GATES LLP 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.
This foreclosure sale is being conducted by AQUA LEGAL, LLC, on behalf of K&L Gates LLP, attorneys for and agent of Claimant; 2145 Wells St., Suite 302A Wailuku, HI 96793 Phone: (808) 283-2035. For further information regarding this sale, you must contact Kyra Swinney-Darby, K&L Gates LLP, One Newark Center, 10th Floor, Newark, NJ 07102, Phone: (973) 848-4038 or by email: firstname.lastname@example.org.
Batch No: Bali Hai Villas Condominium – (Batch 3 – 9.29.21)
SCHEDULE “1”: Mortgagor(s), Mortgage Dated Date, Mortgage Document No., Vacation Ownership Interest (Contract No.);
James Costan, November 24, 2015, A-58540270, 0224-1522622, William J. Badame, September 10, 2015, A-57310401, 00115-1507746
(TGI1339717 8/29, 9/5, 9/12/21)