NOTICE OF INTENT TO FORECLOSE ON MORTGAGES AND
OF SALE BY PUBLIC AUCTION
BALI HAI VILLAS VACATION OWNERS ASSOCIATION

(1) Tax Map Key No.: (4) 5-4-5:36, NOTICE IS GIVEN pursuant to Sections 667-61 through 667-65, Hawaii Revised Statutes, that BHV DEVELOPMENT, INC. as Mortgagee and as the attorney-in-fact for the mortgagor (See Exhibit “A”) whose address is 6277 Sea Harbor Drive, Orlando, FL 32821 (“Mortgagee”), intends to foreclose the mortgages dated (See Exhibit “A”) executed by (See “Exhibit “A”) in favor of Mortgagee recorded in the State of Hawaii Bureau of Conveyances as Document No. (See “Exhibit “A”) and/or recorded in the Office of the Assistant Registrar of the Land Court of the State of Hawaii (Bureau of Conveyances) as Document No. (See Exhibit “A”) and will hold a sale by public auction, pursuant to the power of sale contained in said mortgages, of those certain interval ownership (timeshare) interests in the timeshare project known as:

The sale shall be conducted at: AHUKINI STATE RECREATIONAL PIER, 3651 AHUKINI RD, LIHUE, HI 96766, AT THE PIER ENTRANCE ON APRIL 28, 2021 AT 1:30 PM (hst).

Terms of sale are: (i) each of the properties to be sold is an undivided ownership interest in the Project and shall be sold separately to satisfy the mortgage “AS-IS, WHERE-IS” without representation and/or warranty of any kind with respect to condition, title, possession or encumbrances and without upset price by quitclaim conveyance (ii) Purchaser must, at close of Auction, pay to Mortgagee a non-refundable down payment of 10% of the highest successful bid price in cash (U.S.), or by cashier’s or certified check as a non-refundable deposit with the balance of the purchase price payable in full within twenty-one (21) days from the date of the Auction with such deposit being deemed earned and non-refundable and which shall be retained by Mortgagee as liquidated damages if Purchaser fails to pay the balance due timely. (iv) Purchaser shall pay all costs, expenses, and other sums (including, without limitation, conveyance taxes, recording fees, and special assessments due pursuant to H.R.S. Sec. 514A-90 and Sec. 514B-146); (v) Mortgagee shall be entitled to credit bid up to the amount of sums due under the mortgage (together with all late fees, finance charges, attorney’s fees and costs due and owing under the mortgage); (vi) Purchaser must register to bid at the time of sale and by submitting a bid Purchaser acknowledges and agrees to the terms and conditions contained herein and to those additional terms which may be acknowledged by Purchaser at the Sale. Sale is subject to cancellation and/or postponement for any reason, or no reason, before or after commencement or bidding.

THE DEFAULT UNDER THE MORTGAGE AGREEMENT MAY BE CURED NO LATER THAN THREE BUSINESS DAYS BEFORE THE DATE OF THE PUBLIC SALE OF THE MORTGAGED PROPERTY BY PAYING THE ENTIRE AMOUNT WHICH WOULD BE OWED TO THE FORECLOSING MORTGAGEE IF THE PAYMENTS UNDER THE MORTGAGE AGREEMENT HAD NOT BEEN ACCELERATED, PLUS THE FORECLOSING MORTGAGEE’S ATTORNEY’S FEES AND COSTS, AND ALL OTHER FEES AND COSTS INCURRED BY THE FORECLOSING MORTGAGEE RELATED TO THE DEFAULT, UNLESS OTHERWISE AGREED TO BETWEEN THE FORECLOSING MORTGAGEE AND THE BORROWER. THERE IS NO RIGHT TO CURE THE DEFAULT OR ANY RIGHT OF REDEMPTION AFTER THAT TIME. IF THE DEFAULT IS SO CURED, THE PUBLIC SALE SHALL BE CANCELED. THIS IS AN ACTION TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR SUCH PURPOSE.

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: kyra.swinney-darby@klgates.com.

EXHIBIT “A” – NOTICE OF INTENT TO FORECLOSE: BALI HAI VILLAS CONDOMINIUM;
Contract No. / Mortgagor(s), Date of Mortgage, BOC Document No., Undivided Interest, Interval Control No., Apartment No.;

KYLE GRZYMKO, HUSBAND OF KRISTEN ABERNETHY, 5203 BROWNLEE LANE, SPRING, TX 77379, 7/28/2010, 2010-132526, 84,000/167,638,000, 1310-1316, 1320, 1325, 1326