The Garden Island
Notice #: 0001070880-01
Foreclosures

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" will be foreclosed upon by the foreclosing agent, First American Title Insurance Company on behalf of Ali’i Nui Villas Condominium Association, Inc., a Florida not-for profit corporation by sale of property secured thereby at public auction on 03/14/2018 at 12:00 p.m at the State Capitol, 415 South Beretania Street Honolulu, Hawaii 96813, rotunda area on the steps leading down to the Queen Liliuokalani Statue. Each of the properties to be sold is a Timeshare Interest at Aulani, Disney Vacation Club Villas, Ko Olina,Hawaii Condominium established by certain Declaration of Covenants, Conditions and Restrictions recorded on 4/23/2010 as Document No. 3957910, and amendments thereto in the Bureau of Conveyances, State of Hawaii and as amended and which property is located at 92-1185 Ali’i nui Drive, Kapolei HI 96707. The Timeshare Interest as noted on the Notice of Lien for delinquent assessments, 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 Purchaser’s 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 DISPUTED. NOTWITHSTANDING THE FOREGOING, TO 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 OBLIGOR. For further information regarding this sale, you must contact Palm Financial Services, Inc., (407) 566-3800 Option 3, 8am to 5pm, (Eastern Time). Conductor of the public sale in the state of Hawaii: Kathy Mizusawa, First American Title, agent for Claimant; Phone: (808) 539-7504; Address: 1132 Bishop Street, suite 1580, Honolulu, Hawaii 96813 * Dated: 2/5/2018. EXHIBIT ‘A’ – Lien Recordation Date 12/26/17 as Document No. A65690004 * CURRENT OWNER, OWNERSHIP INTEREST NO. * TOMALIN L. SUNIA and SILAKIVAI L. SUNIA, 12009024.000; TOMALIN L. SUNIA and SILAKIVAI L. SUNIA, 12009024.001; YOSHIHIRO SATOH and YOSHIKO KATSUYA, 12009354.000; YUKIMASA SEKO and KANAKO SEKO, 12010317.000; DAISUKE TSUNEMATSU, 12010573.000; KOHEI TAKEBE and AKIKO TAKEBE, 12011057.000; YASUKO NAKAMURA and SCOTT YUKI MASSEY and ROSELINE MOEMI MASSEY, 12011291.000; DUSTIN A. DICRISTO and NANCY A. DICRISTO, 12011334.000; LANCE C. CHUTE, 12011535.000; KAZUMI ONO and HIDEAKI NAITO, 12012649.000; TADAAKI AMANO and AYUMI TSUDA, 12012980.000; RHODA M. BOWMAN, 12013576.000; KENTARO KIMURA and YUKINO KIMURA and KENSHIRO KIMURA and EIJIRO KIMURA and GINJIRO KIMURA, 12014161.000; SAYOKO MIZUNO and TAEKO MIZUNO, 12014430.000; ROBERT P. REICH and SHAWNA D. REICH, 12016901.000; TAKENORI TSUJIMOTO and KAYO TSUJIMOTO, 12016957.000; RUMIKO ORIKASA, 12017643.000; HAYATO TSUKADA and KAISY KURAMOTO, 12018048.000; MICHELLE NGUYEN, 12019032.000; TAKAFUMI KAWANO and SHIGEMI KAWANO, 12019458.000; NAOKI WATANABE, 12019527.000; TAKAHIRO ISHIBASHI and TAKAKO WATANABE, 12020008.000; MICHAEL S. SUGIYAMA, 12020234.000; MELODY A. GARDNER, 12020404.000; GAIL DEGGS, 12020459.000; HIROKI KANAZAWA and MIKA KANAZAWA, 12021617.000; MICHAEL D. GINNETT and RUTH GINNETT, 12022247.000; ERIN J. MCGAUGHEY, 12023824.000; ERIN J. MCGAUGHEY, 12023824.001; YUMIKO DAIDO, 12027456.000; SATOKO SHICHI, 12008867.000; ANDREW C. THOMPSON and CATHERINE CISTERNINO-THOMPSON, 12008275.000; SALVADOR A. CISNEROS and AMELIA C. CISNEROS, 12008169.000; HISHAM M.A. KAAKI and AMANI H.M. ALJRUSHI, 12008049.000; SAYOKO OKUDA, 12007640.000; HIDEHITO YOICHI, 12006541.000; HIROSHI NAKAGAWA and CHIEMI NAKAGAWA, 12006208.000; SATOMI KATO, 12005662.000; HARUO KAWASE, 12005174.000; TAKAFUMI KITAGAKI and KATSUKO KITAGAKI, 12005015.000; TOMOKO SAKAMOTO and YOSHIYUKI SAKAMOTO and YUKI SAKAMOTO, 12004981.000; SOICHI OGA and SATOMI OGA, 12003755.001; SOICHI OGA and SATOMI OGA, 12003755.000; MASATAKA KIHARA, 12003287.000; HIROSHI NAKAMURA and YUKI NAKAMURA, 12002934.000; SEIKO TERADA and MINAMI TAKAHASHI, 12002889.000; MASASHI YOSHINO and MIHO YOSHINO, 12002379.000; ADRIAN AGUILERA, 12002197.000; JUNICHI SATO and AYUMI SATO, 12001773.000; HIROHISA HIDA, 12001722.000; TATSUYA IWAZAKI and YUKIKO IWAZAKI, 12000511.000; CLAYTON E. LONG and SATIN M. LONG, 12000439.002; CLAYTON E. LONG and SATIN M. LONG, 12000439.000; RYUJI KAKEMIZU and MAYUMI KAKEMIZU, 12000183.000
(SA1070880 2/9, 2/16, 2/23/18)