The Garden Island
Notice #: 0001052891-01

KO52-DOT NOTICE OF POSTPONED SALE NOTICE OF MORTGAGEE’S INTENTION TO FORECLOSURE UNDER NON-JUDICIAL POWER OF SALE Pursuant to Hawaii Revised Statutes §667-61 through §667-65, as amended, and Purchase Money Mortgage, Security Agreement, and Financing Statement with <See Exhibit ‘A’>, as Mortgagor, dated <See Exhibit ‘A’>, recorded in the Bureau of Conveyances of the State of Hawaii as Document No. <See Exhibit ‘A’>, notice is given that Marriott Ownership Resorts, Inc., as Mortgagee, whose address is 1200 Bartow Road, Lakeland, FL 33801, intends to foreclose its said mortgage, and will hold a sale by public auction of Fee Simple property being that certain project, KO’OLINA BEACH CLUB, 92-161 Waipahe Place, Kapolei, HI 96707 (TMK: (1) 9-1-057-012, 013, 014 & 15), on 12/22/2017 at 12:00 p.m., at 415 South Beretania Street, Honolulu, HI 96813 (State Capitol, on the steps leading down towards the Queen Liliuokalani statue). 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 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 Mortgagee may submit a credit bid up to the amount of the secured indebtedness; (4) The property shall be conveyed by Mortgagee’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 Mortgagee 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 Mortgagee 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 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; (9) The sale may be postponed from time to time by public announcement by Mortgagee 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 FORELCOSURE 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. IF THE DEFAULT CONTINUES AFTER THE DEADLINE DATE SPECIFIED ABOVE, THE PROPERTY MAY BE FORECLOSED AND SOLD WITHOUT ANY COURT ACTION AND WITHOUT GOING TO COURT. YOU MAY HAVE LEGAL RIGHTS OR DEFENSES. FOR ADVICE, YOU SHOULD CONSULT WITH AN ATTORNEY LICENSED IN THE STATE OF HAWAII. THE PROPERTY WILL BE SOLD WITHOUT ANY OPEN HOUSES BEING HELD. ALL FUTURE NOTICES AND CORRESPONDENCE WILL BE MAILED TO YOU AT THE ADDRESS AT WHICH YOU RECEIVED THIS NOTICE UNLESS YOU SEND WRITTEN INSTRUCTIONS TO THE ADDRESS BELOW PROVIDING A DIFFERENT ADDRESS. THE WRITTEN INSTRUCTIONS MUST BE SENT BY CERTIFIED MAIL OR REGISTERED MAIL OR BY EXPRESS MAIL, POSTAGE PREPAID AND RETURN RECEIPT REQUESTED. For further particulars, contact: Marriott Ownership Resorts, INC c/o First American Title at 702-304-7509, 8am to 7:30 pm, (Eastern Time) 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. Exhibit "A" Mortgagor(s) Ownership Interest No. Mortgage Document No. Mortgage Date MUNETSUGU TSUCHIYA and SHIGEMI TSUCHIYA KO*2902/15*E A-52350059 3/2/2014 HIDEAKI IJIMA KO*4315/03*E 3943784 2/4/2010 SCOTT SHERWOOD CHANDLER and STACEY LYNN CHANDLER KO*2602/09*X 3421153 4/27/2006 KEITH KEVIN WEST and ROSE JEANETTE WEST KO*2622/32*E 3662945 9/7/2007 JIJI GONZAGA FALDAS and DONNA LEE PINEDA FALDAS KO*2710/07 3358416 11/23/2005 TOSHIO NIUYA and MARIKO NIUYA KO*4306/42*X 3941001 2/18/2010 SHINICHI KAZAMA and KIKUE KAZAMA KO*4331/03*E A-51840182 1/3/2014 YUKIO MATSUDA KO*2606/50 A-50560133 9/22/2013 KEVIN DONALD WADDELL and PAUL ALLEN PAGALILAUAN KO*2919/03*E 3679138 10/17/2007 ALDRIN MEDALLO VILLAHERMOSA and AMIBELLE DACAWAY VILLAHERMOSA KO*3030/38 3414136 3/18/2006 HIROYUKI TAKABATAKE and HISAKO TAKABATAKE KO*4542/16*E A-60320406 7/7/2016 MAKOTO MAKINO and SATOMI MAKINO KO*5238/17*X A-46590373 10/3/2012 YUMI OTA KO*2422/33 A-56800416 7/21/2015 KANAKO YASUDA KO*4427/15*X A-54370404 11/20/2014 TAKAYUKI NISHIZAWA and KAORU NISHIZAWA KO*4902/42*X 2011-139902 6/29/2011 SANG CHUL CHOI and SEH JIN CHANG KO*4911/12 2011-160498 10/3/2011 1081.00887 12/07/2017 (SA1052891 12/7/17)