BHV73-HOA NOTICE OF INTENT TO FORECLOSE INTERVAL OWNERSHIP INTEREST AND OF SALE BY PUBLIC AUCTION NOTICE IS HEREBY GIVEN pursuant to Hawaii Revised Statutes § 514E-29 and Part IV of Chapter 687 H.RS, as amended, and the Declaration of Covenants, Conditions and Restrictions that the following timeshare interests shown below in Exhibit "A" Exhibit A Current Owner Ownership Interest No. Deed Recordation Lien Dated Date HEIDI HELENA EMIDY-MAZZA 3226 2000-021302; 02/16/2000 8/8/2017 GREEN RECOVERY FUND LLC, a Florida limited liability company 16518 2010-182256; 11/24/2010 8/8/2017 MICHAEL "NMN" COLON 17049 A-44091008; 01/27/2012 8/8/2017 WILLIAM FOON and HELEN FOON 3096 99-202669; 12/23/1999 8/8/2017 BLUE WILDCAT VENTURES, LLC 19080 A53590594; 09/03/2014 8/8/2017 ATILANO "NMN" VILLAR, JR. and DELIAH BURGOS VILLAR 249 96-076796; 05/31/1996 8/8/2017 EARL LESTER HUTCHINSON and SHEILA ANN HUTCHINSON 4159 2000-086333; 06/23/2000 8/8/2017 CARTER F LANCASTER and LANETTE R KERI 3769 2000-068047; 05/18/2000 8/8/2017 JAMES EDWARD MARTINDALE and TERI ANN MARTINDALE 3469 2000-035506; 03/17/2000 8/8/2017 TERASA JO RIDGWAY 5082 2001-044806; 03/29/2011 8/8/2017 WAYNE APIKI GOMES and LAURIE ANN CASAQUIT-GOMES 6377 2002-138503; 08/08/2002 8/8/2017 WILLIE C BELL and TERRI LOUISE BELL 7831 2003-207764; 09/26/2003 8/8/2017 CHARLENE FAYE TRYHUS 8019 2003-259377; 11/26/2003 8/8/2017 ROBERTA ANNE BURBANK 8057 2003-271719;12/10/2003 8/8/2017 BENJAMIN R HUSTON and MARTHA S HUSTON 9252 2004-244228; 12/03/2004 8/8/2017 DARREN M HAMILTON and RACHEL B HAMILTON 10649 2005-197233; 09/29/2005 8/8/2017 VICKI LEE SALEN and FRANCIS HENRY SALEN 9918 2006-008279; 01/13/2006 8/8/2017 THOMAS LEE KIMZEY and NANCY ELAINE KIMZEY 11204 2006-005180; 01/10/2006 8/8/2017 FERRIS W. PAIGHT, Trustee of the PAIGHT FAMILY TRUST, dated June 16, 2000 and JOSEPHINE PAIGHT, Trustees of the PAIGHT FAMILY TRUST, dated June 16, 2000 889 2000-149087; 10/23/2000 8/8/2017 MARIA TERESA RAMOS GUMABONG 19876 2011-103789; 07/01/2011 8/8/2017 will be foreclosed upon by the foreclosing agent, First American Title Insurance Company on behalf of PAHIO at Bali Hai Villas Interval Owners Association by sale of property secured thereby at public auction on 11/07/2017 at 1:00 p.m. at the front entrance of the Fifth Circuit Court Building, 3970 Ka’ana Street, Llihue, HI 96766. Each of the properties to be sold is a Timeshare Interest at Bali Hal Villas established by certain Declaration of Covenants, Conditions and Restrictions recorded on August 22, 1995 as 95- 107669 in the office of Conveyances, State of Hawaii and as amended and which property is located at 4970 Pepelani Loop, Princeville, Kauai, HI 96722. The Timeshare Interest as noted on the Notice of Lien, which has been filed against the record owner, consists of delinquent maintenance fees, (plus interest, late charges, and collection and enforcement costs). 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, the successful 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 FIRST AMERICAN TITLE COMPANY as a non-refundable deposit; provided that the Association may submit a credit bid up to the amount of the secured indebtedness; (4) The property shall be conveyed by the Association’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 the Association 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 the Association 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 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; (9) The sale may be postponed from time to time by public announcement by the Association 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. THE DEFAULTED AMOUNT DUE MAY BE CURED AND THE FORECLOSURE ACTION CEASED IF THE DEFAULTING PARTY PAYS ALL DELINQUENT AMOUNTS DUE PLUS ALL PENALTIES, INTEREST, AND COSTS OF THE FORECLOSURE ACTION IJP TO THE DATE OF PAYMENT SAID AMOUNTS DUE MUST BE PAID NO LATER THAN THREE (3) BUSINESS DAYS PRIOR TO THE DATE OF SALE. THERE IS NO RIGHT TO CURE THE DEFAULT OR ANY RIGHT OF REDEMPTION AFTER THAT TIME. NOTICE IS HEREBY GIVEN THAT THIS ACTION IS AN ATTEMPT TO COLLECT A DEBT, THAT ANY INFORMATION DETAINED WILL BE USED FOR THAT PURPOSE, AND THAT THE DEBT MAY BE DISPUTED. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT THAT ANY DEBT ASSOCIATED WITH ANY ONE OR MORE OF THE LIENS DESCRIBED ON EXHIBIT ‘A’ HERETO MAY HAVE BEEN DISCHARGED IN A BANKRUPTCY PROCEEDING UNDER TITLE 11 OF THE UNITED STATES CODE, PLEASE BE ADVISED THAT THIS IS AN ACTION TO COLLECT A DEBT IN REM AGAINST THE PROPERTY ENCUMBERED BY SUCH LIEN AND NOT IN PERSONAM AGAINST ANY OBLIGOR. For further information regarding this sale, you must contact PAHIO at Bali Hai Villas Interval Owners Association, c/o Wyndham Vacation Resorts at 1-800- 251-8736, 8am to 5pm, (Eastern Time) Conductor of the public sale in the state of Hawaii: Trustee’s Assistance Corporation on behalf of, First American Title, agent for Claimant; Phone: (808) 539-7504; Address: 1132 Bishop Street, Suite 1830, Honolulu, Hawaii 96813, TAC#9225 PUB: 10-10-17, 10-17-17, 10-24-17
(TGI1031172 10/10, 10/17, 10/24/17)