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, Pahio at Bali Hai Villas, located at 4970 Pepelani Loop, Princeville, HI 96722 on 04/01/2024 at Vidinha Stadium, Hoolako St, Lihue, HI 96766, under the trees, at entrance to the stadium at 1:00 PM. 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 100% 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; provided that Mortgagee 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 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; (6) The sale may be postponed from time to time by public announcement by Mortgagee 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: Wyndham Vacation Resorts, Inc., a Delaware corporation at (800) 251-8736. 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 DOT 136163-BHV126-DOT. Schedule “1”: Mortgagor(s), Mortgage Dated Date, Mortgage Document No., Vacation Ownership Interest (Contract No.); Christen S. Montero, 03/09/2021, Inst: A-78390563, 000632100083; Jeffrey Garcia, 08/01/2021, Inst: A-80820234, 000632100402; Arthur R. Mangosing and Ofelia Mangosing, 03/30/2012, Inst: A-45110019, 001151204831; Dawn D. Romani, 05/29/2012, Inst: A-45880467, 001151207792; Scott Kahnapace and Kelsey Big Plume-Kahnapace, 04/27/2014, Inst: A-52730028, 001151406501; Arianne Lyons, 04/14/2016, Inst: A-60090192, 001151603776; Nancy R. Mackey, 08/15/2017, Inst: A-65050258, 001151707858; Heather D. Bachmann and Michael J. Bachmann, 04/22/2018, Inst: A-67450204, 001151804192; Wilhelmina M. Williams and Joseph L. Williams, 10/02/2018, Inst: A-69050116, 001151809381; Matthew L. Weaver and Lisa R. Weaver, 05/01/2019, Inst: A-71100016, 001151900404; Timothy C. Archer and Melissa R. Archer, 11/12/2019, Inst: A-73100020, 001151900902.
(TGI1446374 3/4, 3/11, 3/18/24)