The Garden Island
Notice #: 0001031115-01

WBW65-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.R.S, 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 LONNIE JOAN HOUSTON 630610087 2007-039490; 03/05/2007 8/15/2017 MARIE ROSE WESTICH 630810257 2008-105278; 06/30/2008 8/15/2017 YUSAKU NMN MATSUDA and KAYORI NMN MATSUDA 630921369 2010-015908; 02/04/2010 8/15/2017 JACK ARNOLD REES and TRACY CORINNE REES 631103157 2011-061557; 04/14/2011 8/15/2017 BETTY ANN RAUTIO, Estate of 631515293 A-57240259A thru A-57240259C; 09/03/2015 8/15/2017 HELEN CROZA and ROB NEAGA 870618055 2007-029585 ; 02/16/2007 8/15/2017 LAWRENCE EARL DEITSCH and BARBARA ANN DEITSCH 630704062 2007-079468; 05/03/2007 8/15/2017 SACHIKO NMN YAMAZAKI 630806339 2008-078633; 05/16/2008 8/15/2017 EMILE C CHARLIER 631123585 2011-195751 thru 2011-195753; 11/22/2011 8/15/2017 KEISUKE TOYOYAMA and SATOKO TOYOYAMA and ANNA TOYOYAMA, 631400249 A-51760011A thru A-51760011C; 03/04/2014 8/15/2017 HIROYUKI NMN TOYOMURA 630605913 2006-230982; 12/18/2006 8/15/2017 ETSUKO YAMAZAKI and TETSUYA YAMAZAKI 631025871 2011-036785; 03/03/2011 8/15/2017 HIROTSUGU HANJO and YUKA HANJO 631111143 2011-109818; 07/14/2011 8/15/2017 JENNIFER DE LEON DIZON and JOSEPH WALLGREN-LUNA 870610094 2006-223443 ; 12/07/2006 8/15/2017 SHARON MOUNT and JOHN SEARLE and JANET SEARLE 871102323 2011-077087 ; 05/12/2011 8/15/2017 NIDAL NASR and MIHAELA NASR 871107918 2011-173038 thru 2011-173039 ; 10/21/2011 8/15/2017 will be foreclosed upon by the foreclosing agent, First American Title Insurance Company on behalf of WBW VACATION OWNERS ASSOCIATION by sale of property secured thereby at public auction on 11/08/2017 at 12:00 p.m. at the front entrance to the Circuit Court, 777 Punchbowl Street, Honolulu, HI 96813. Each of the properties to be sold is a Timeshare Interest at Fairfield Hawaii at Waikiki Beach Walk established by certain Declaration of Covenants, Conditions and Restrictions recorded on November 7, 2005 as Document No. 2005-227315 in the office of Conveyances, State of Hawaii and as amended and which property is located at 227 Lewers St., Honolulu, HI 96815. 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 are 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 10% of the highest successful bid price ("Bid") by certified, or cashier’s check 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 Purchasers 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 UP 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 OBTAINED WILL BE USED FOR THAT PURPOSE, AND THAT THE DEBT MAY BE DISPUTEE). NOTWITHSTANDING THE FOREGOING, 10 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 OBLIGATOR Prior to the deadline date, should you desire to cure the default, you must contact WBW VACATION OWNERS ASSOCIATION c/a 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#9222 PUB: 10-11-17, 10-18-17, 10-25-17 (SA1031115 10/11, 10/18, 10/25/17)