The Garden Island
Notice #: 0001057503-01
Foreclosures

RG21-DOT NOTICE OF MORTGAGEE’S INTENTION TO FORECLOSE 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 Wyndham Vacation Resorts, Inc., a Delaware Corporation as Mortgagee, whose address is 6277 Sea Harbor Drive Orlando, FL 32821, intends to foreclose its said mortgage, and will hold a sale by public auction of Fee Simple property being that certain project, Royal Garden at Waikiki, located at 440 Olohana St, Honolulu, HI 96815 (TMK: (1) 2-6-016-039), on 1/17/2018 at 415 South Beretania Street, Honolulu, HI 96813 (State Capitol, on the steps leading down towards the Queen Liliuokalani statute) at 12:00 p.m. 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 Wyndham Vacation Resorts, Inc., (800) 251-8736 8am to 5pm, (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 DIANNE MARIE PAYNE and GORDON LAWRENCE PAYNE 631213907 A-46040201 5/23/2012 SHERRY HOFFMAN and GERALD HOFFMAN 871301875 A-48610352 2/22/2013 COLIN MICHAEL ROCHETTE 631232717 A-47930098 12/18/2012 NELSON NUNEZ 631315769 A-49750055 6/23/2013 HIROKAZU HARA and TOMOMI HARA 631414869 A-53300106 6/8/2014 CHANTEL CHARCHALIS and JONATHAN LOGAN WALKER 631512134 A-56800072 6/1/2015 MARY ANN HANAKEAWE and DENNIS KANE HANAKEAWE 631528452 A-59100062 12/24/2015 LINDA L GAGNON and DAVID LUCIEN L GAGNON 1911300556 A-48700019 2/25/2013 CHRISTINE RENA HAMILTON 1151605219 A-60380103 5/29/2016 THOMAS M CASTILLO and ELIZABETH GARCIA-CASTILLO 631526563 A-58650026 11/27/2015 BARBARA JOAN HUTCHESON MCKINNEY 871501987 A-56120030 3/8/2015 VICTORIA SALVADOR MARZAN and JOEL ERIC MARZAN 631516945 A-57430639 8/2/2015 SAMUEL MALUHI KAHANU 3RD and TAMALA LEE HAUPUOKALANI KAHANU 631317575 A-49940084 7/15/2013 GRAYLIN BURTON and CYNTHIA YVONNE COATES 631320587 A-50240045 8/16/2013 TRACY TRANG TRAN and VINCE THUAN NGUYEN 631517877 A-57460546 8/14/2015 WILLIAM KANE and EVA KANE 871400024 A-51640217 1/1/2014 WATARU YOKOYAMA and TAMIKO YOKOYAMA 631217494 A-46460025 6/29/2012 DARWIN ROSS MIRASOL and KARINA MENDOZA-IMPERIAL 631311503 A-49340161 5/10/2013 TAKAJI KOYAMA and RIE KOYAMA 631429016 A-54800527 11/3/2014 PATRICK READY and BEVERLY READY 951207729 A-46670072 8/12/2012 KANAME MATSUBARA and KAZUE MATSUBARA 631301314 A-48120026 1/16/2013 HIROMI SATO 631415486 A-53320067 6/16/2014 SHIGEMASA KUSUNOKI and MIKI KUSUNOKI 631503794 A-55840059 2/22/2015 MAI ISHIKAWA and SHINSUKE MIDORI 631619046 A-61380769 9/6/2016 PRISCILLA R HAMILL and DANIEL A HAMILL 1151512431 A-58650010 11/25/2015 KATSUAKI KITAMON and CHINAMI KITAMON 631419751 A-53930067 7/29/2014 PAUL FRANCO and PAOLA CAPOBIANCO MORENO 1151501244 A-55610041 2/3/2015 CORRINNE B J MORRISON 631215282 A-46110078 6/7/2012 EDWARD PETER FELIX WHITE and MARILYN BRENDA WILSON-WHITE 631230026 A-48490034 11/15/2012 OLGA VOLDMAN-ANIKINA and MIKHAIL VOLDMAN 631322872 A-50660015 9/9/2013 HENRY JOSEPH SAMIA and TEPORA SIVAIALA SAMIA 631400173 A-51640160 1/2/2014 LEE GENE GARY and ANGELA JEAN GARY 631424835 A-54270119 9/21/2014 GAVIN KEKAUOHA ENOS 631430923 A-55140017 11/24/2014 LAURA LEIHUALANI SAPP and DAVID SOTELO 631515616 A-57310039 7/15/2015 SHINGO AOKI and SETSUKO AOKI 631519105 A-57740054 8/27/2015 BEVERLEY BEDEAU, RICHARD D QUASHIE, RON BEDEAU, LA TOYA S C ROBINSON and ANDREW S BEDDEAU 631523362 A-58220169 10/16/2015 PATRICIA ROSE JONES 871112090 A-44350193 12/24/2011 ANTHONY DESALVIO and JOAN RIETH 871210456 A-47980048 9/17/2012 FEI # 1081.00908 12/20/2017,12/27/2017,01/03/2018 (SA1057503 12/20, 12/27/17, 1/3/18)