The Garden Island
Notice #: 0001451561-01

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 Waiohai Beach Club Vacation Owners Association, a Hawaii nonprofit corporation by sale of property secured thereby at public auction on 05/15/2024 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 Waiohai Beach Club established by certain Declaration recorded as Doc. No. 2692944 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 2249 Poipu Road, Koloa, HI, 96756. 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 138881-WI105-HOA. Schedule “1”: Lien Recording Date and Reference, Timeshare Interest (Contract No.), Owner(s); 12/04/2023 Inst: 87380206, WI*1210*39*B, Robert William Montgomery and Cindy Lou Shaffer; 07/26/2023 Inst: A-86070640, WI*1403*47*B, Sean Guffey; 12/04/2023 Inst: 87380207, WI*1410*06*E, Breanne Grey, Trustee of the Grey Family Trust Dated June 17, 2015; 07/26/2023 Inst: A-86070641, WI*2102*47*B, Sean Guffey; 05/30/2023 Inst: A-85500703, WI*2104*15*B, Gerhard Gerd Ruckert and Catherine Jane Ruckert; 05/30/2023 Inst: A-85500703, WI*2302*14*B, Robert Henry Meier, III and Martha Dietrich Meier; 12/04/2023 Inst: 87380208, WI*4404*39*B, David William Smith and Marsha Lynn Smith; 05/30/2023 Inst: A-85500703, WI*7406*04*B, Charles Stanley Trom and Margaret Escobar Trom; 05/30/2023 Inst: A-85500703, WI*7406*07*B, Charles Stanley Trom and Margaret Escobar Trom.
(TGI1451561 4/17, 4/24, 5/1/24)