The Garden Island
Notice #: 0001066086-01

KH54-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 Kona Hawaiian Vacation Ownership, LLC, a Hawaii Limited Liability Company as Mortgagee, whose address is 75-5961 Ali’i Dr., Kailua-Kona, HI 96740, intends to foreclose its said mortgage, and will hold a sale by public auction of Fee Simple property being that certain project, Kona Hawaiian Resort, located at 75-5961 Ali’i Dr., Kailua-Kona, HI 96740 on 2/21/2018 at Keakealani Building, 79-1020 Haukapila Street, Kealakekua, Hawaii 96750 ADA Parking Area at the Far North End, Adjacent to Haukapila Street at 1:00pm. 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: STEPHEN JOHN MORTIBOY and RHONDA MARIE MORTIBOY 630423978 2005-090881 11/20/2004; KATHY MARIE COBB and KEITH EDWARD COBB 870501657 2005-179167 3/8/2005; KRISTEN J RICH 950500678 2005-038651 1/13/2005; RIK MILLIGAN 950605048 2006-118651 3/23/2006; THERESA TITE SILAFAU and FINEASO ABRAHAM SILAFAU 950804567 2008-130097 5/14/2008; ARTHUR STACY MATTOON and DIANA MARIE MATTOON 953404605 2002-1340134 7/15/2002; ISANNA ERLENBACH and DAVID ERLENBACH 951208461 A-46800007 9/10/2012; JANA MICHELE RICHARDS 951403658 A-52620194 4/15/2014; DONALD RAY PAVY JR and JULI A PAVY 870502341 2005-095205 3/27/2005; FIONA LEE BERLING and PAUL LEALAND ALEXANDER 951412402 A-55070343 12/7/2014; NEMENCIO EVANGELISTA JR and MARIE EVANGELISTA 871108601 2011-170156 9/7/2011; KIMBALL G WILBURN and EDA M WILBURN 951311117 A-51260018 11/22/2013
(SA1066086 1/24, 1/31, 2/7/18)