The Garden Island
Notice #: 0001057536-01
Foreclosures

WBW66-DOT 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 Wyndham Vacation Resorts, Inc., 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, Fairfield Hawaii at Waikiki Beach Walk, located at 227 Lewers St. Honolulu, Oahu, HI 96815 (TMK: (1) 2-6-002-027 CPR No.: <See Exhibit ‘B’>, on 01/17/2018 at 415 South Beretania Street, Honolulu, Hawaii 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 Waikiki Beach Walk c/o Wyndham Vacation Resorts, Inc., (800) 251-8736 8am to 5pm, (Eastern) 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 JAY KENNETH BENSON and JENNIFER G BENSON 631222957 A-46670199 8/24/2012 MARIE CATHERINE LOPEZ 631507464 A-56320238 4/7/2015 LOUIS SAUNDERS and DEBBIE SAUNDERS 2191400035 A-52610300 1/6/2014 KENICHI FUNAZUMI and YUKO FUNAZUMI 631428224 A-54860491 10/21/2014 DAMIAN SMERAGLIUOLO and MARIAN SMERAGLIUOLO 951106111 2011-131860 6/28/2011 KYLE BRANDON MCDONALD and MELISSA LEAH MCDONALD 630811487 2008-139936 5/14/2008 SHUZO SHINANO and TOMOKO SHINANO 631100963 2011-041069 1/12/2011 GERALDINE AVILA NAVARRO 631621661 A-61640298 10/3/2016 JOHN SIAPNO ESATLILLA and AILENE RUTH ESTALILLA 630612828 2006-215204 6/16/2006 MICHAEL KEITH POST and MONIQUE ANDREA POST 631326535 A-50990128 10/23/2013 TIFFANY ROSE CARTY and TORRANCE LAVINCENT COTTON 630803682 2008-150488 2/15/2008 TORU EBISUYA and MIYUKI EBISUYA 631018348 2010-177615 9/25/2010 AKITSUGU SUZUKI 631518289 A-57490032 8/18/2015 YOLANDA HARRIS 540802170 2008-089475 2/27/2008 THOMAS STEPHEN ADAIR and TAMARA FERN ADAIR 630711398 2008-008038 5/31/2007 TETSUO NMN YONENAGA and YUMI NMN YONENAGA 630827582 2009042015 12/30/2008 CRAIG ADAM PARRO and DENISE DARSEL PARRO 630906121 2009-089820 4/14/2009 DEBRA JOAN DEMMANS 631130614 A-44220241 12/5/2011 LUE JEAN WASHINGTON 871105524 2011-123200 6/2/2011 Exhibit "B" 0010, 0011, 0012, 0013 0014 0015 0016 0030 0048 0066 0084 0102 0120 0138 0017 0031 0049 0067 0085 0103, 0121, 0139, 0018, 0104, 0122, 0036, 0050, 0068, 0086, 0140, 0019, 0033, 0051, 0069, 0087, 0105, 0123, 0141, 0020, 0034, 0052, 0070, 0088, 0103, 0124, 0142, 0021, 0035, 0053, 0022, 0036, 0054, 0023, 0037, 0055, 0024, 0038, 0056, 0025, 0039, 0057, 0033, 0051, 0069, 0087, FEI# 1081.00906 12/20/2017,12/27/2017,01/03/2018 (SA1057536 12/20, 12/27/17, 1/3/18)