The Garden Island
Notice #: 0001406093-01

NOTICE OF INTENT TO FORECLOSE INTERVAL OWNERSHIP INTERESTS AND OF SALE BY PUBLIC AUCTION. NOTICE IS HEREBY GIVEN pursuant to the terms of the Timeshare Declaration that the following timeshare interests more particularly described in the lien(s) referred to in Schedule “1” will be foreclosed upon by the foreclosing agent, First American Title Company on behalf of Marriott’s Kauai Beach Club Owners Association, a Hawaii nonprofit corporation by sale of property secured thereby at public auction on 03/28/2023 at 1:00 PM at Vidinha Stadium, Hoolako St, Lihue, HI 96766, under the trees, at entrance to the stadium. Each of the properties to be sold is a Timeshare Interest at Kauai Resort and Beach Club established by certain Declaration recorded as Doc. No. 95-088888 in the office of Bureau of Conveyances or Assistant Registrar of the Land Court, State of Hawaii and as amended and which property is located at 3610 Rice Street, Kalapaki Beach, Lihue, Kauai, HI, 96766. The Timeshare Interest as noted on the Notice of Lien, which has been filed against the record owner as consists of delinquent maintenance fees, (plus interest, late charges, and collection and enforcement costs). 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 100% of the highest successful bid price (“Bid”) by certified, or cashier’s check to FIRST AMERICAN TITLE COMPANY; provided that the Association may submit a credit bid up to the amount of the secured indebtedness; (4) 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) 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; (6) The sale may be postponed from time to time by public announcement by the Association or someone acting on its behalf; (7) 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 First American Title Insurance Company, a Nebraska corporation at (702) 304-7509. 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. Batch No: Foreclosure HOA 127332-KA105-HOA. Schedule “1”: Lien Recording Date and Reference, Timeshare Interest (Contract No.), Owner(s); 05/27/2022 Inst: A-81820805, KA*0107*43*X, GERALD LAWRENCE LINDAHL and CARLYSE FAYE LINDAHL; 05/27/2022 Inst: A-81820805, KA*0111*27*B, VICTOR YU CHONG and SHIRLEY MABANAG CHONG; 12/20/2022 Inst: 83890862, KA*0203*22*B, JOAQUIN A. NUNES and DELLA ALINE NUNES, Trustees of the NUNES LIVING TRUST UNDER UNRECORDED TRUST AGREEMENT DATED APRIL 8, 2002; 12/20/2022 Inst: 83890863, KA*0420*25*B, WALTER SCOTT WYSONG, IV; 12/20/2022 Inst: 83890864, KA*0424*45*X, MARILYN L. DE GRASSE, Trustee of the DE GRASSE LIVING TRUST DATED SEPTEMBER 11, 1990; 12/20/2022 Inst: 83890865, KA*0425*10*B, MICHAEL S. COOGAN and PATRICK GRANT COOGAN, Trustees of the EMMONS WELLINGTON COOGAN AND MARGARET SLOCUMB COOGAN, 1992 LIVING TRUST; 05/27/2022 Inst: A-81820805, KA*0439*03*X, DAVID CHARLES HOOD and DEBORAH KAY HOOD; 05/27/2022 Inst: A-81820805, KA*0442*17*E, DAVID CHARLES HOOD and DEBORAH KAY HOOD; 12/20/2022 Inst: 83890866, KA*0485*02*B, DONALD BARTON MUNGER and ROSITA INGRID MUNGER; 12/20/2022 Inst: 83890872, KA*0538*17*B, JON BARRIE ROGERS and BARBARA ROSBOROUGH ROGERS and LISA ROGERS SMOOT and JOHN WESLEY ROGERS and PETER RHODES ROGERS; 12/20/2022 Inst: 83890873, KA*0617*35*B, DONALD ROYCE GREENWOOD and BARBARA SUE GREENWOOD; 12/20/2022 Inst: 83890874, KA*1036*34*B, ANDREW LONQUEMARE RATERMANN and LUCILLE DOLORES RATERMANN, Trustees for the 1984 RATERMANN LIVING TRUST, DATED 12/12/84.
(TGI1406093 2/27, 3/6, 3/13/23)