The Garden Island
Notice #: 0001327383-01

NOTICE OF MORTGAGEE’S INTENTION TO FORECLOSURE UNDER NON-JUDICIAL POWER OF SALE. Notice is Hereby Given pursuant to Hawaii Revised Statutes §667-61 through §667-65 and Purchase Money Mortgage, Security Agreement, and Financing Statement with (See Schedule “1”), as Mortgagor, dated (See Schedule “1”), recorded in the Bureau of Conveyances of the State of Hawaii as Document No. (See Schedule “1”), that a mortgage lien exists against each of the Vacation Ownership Interests identified on (Schedule “1”) in favor of Palm Financial Services, Inc., a Florida Corporation, for failure to pay the amounts owed and secured by the respective Mortgages. Palm Financial Services, Inc., a Florida Corporation, as Mortgagee, whose address is 1390 Celebration Blvd, Celebration, FL 34747, intends to foreclose its said mortgage, and will hold a sale by public auction of Fee Simple property being that certain project, Aulani, Disney Vacation Club Villas, Ko Olina, located at 92-1185 Ali’inui Drive, Kapolei, HI 96707 on 06/18/2021 at Kapaolono Community Park, 701 11th Ave, Honolulu HI 96816, on the sidewalk on the corner of Kilauea Ave and 11th Ave at 1:00 PM. 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. For further information regarding this sale, you must contact: Disney Vacation Resorts at (800) 800-9800. 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. Batch No: Foreclosure DOT 100124-AU58-DOT. SCHEDULE “1”: Mortgagor(s), Mortgage Dated Date, Mortgage Document No., Vacation Ownership Interest (Contract No.); SANDRA L. MUGARTEGUI, 04/18/2012, Inst: A-45340050, 12007201.000; SANDRA L. MUGARTEGUI, 11/08/2017, Inst: A-65640499, 12007201.001; BRIAN SCOTT MCCLIMANS, Trustee of the BRIAN SCOTT MCCLIMANS LIVING TRUST DATED MARCH 13, 2013, 03/02/2018, Inst: A-66610432, 12010768.003; ROBERT EUGENE HENTHORN and CINDY G. HENTHORN, 02/21/2014, Inst: A-52040109, 12014699.000; DAVID J. THEIMER, 04/06/2014, Inst: A-52470033, 12015204.000; DAVID J. THEIMER, 06/27/2015, Inst: A-57090095, 12015204.001; RICHARD M. CHOE, 10/27/2014, Inst: A-54690455, 12018280.000; SHANE JAMES FURNISS, Trustee of the SHANE JAMES FURNISS REVOCABLE LIVING TRUST, DATED JANUARY 23, 2015, 03/30/2015, Inst: A-56180131, 12018561.000; MARK EDWARD CORSER and CORRINA KAREN CORSER, 05/31/2015, Inst: A-57070227, 12021259.000; MARK EDWARD CORSER and CORRINA KAREN CORSER, 05/31/2015, Inst: A-57070229, 12021259.001; MARK EDWARD CORSER and CORRINA KAREN CORSER, 05/31/2015, Inst: A-57070231, 12021259.002; JUAN BERNARDO ZAMORA LOYA and NADIA LISHA SONI AHUMADA, 12/19/2015, Inst: A58930747, 12024069.000; CHRISTI MAE NEMEC, 02/22/2016, Inst: A-59530100, 12024251.000; ROMAIN ERIC ANDRE FOURNIER and JUSTINE MOSHE, 02/08/2016, Inst: A-59560500, 12024751.000; JERUZ S. MIRANDA, 08/29/2016, Inst: A-61360059, 12026905.000; DAVID JASON GALVAN, 08/30/2016, Inst: A-61130045, 12027105.000; JAZMIN NICOLE SILVA, 08/23/2017, Inst: A-65640667, 12029472.000; JANICE ELIZABETH WORSHAM, 01/07/2018, Inst: A-66270482, 12030356.000; RINA ABE, 04/27/2018, Inst: A-68150854, 12031158.000; BRYAN DA SILVA and JULIA K.N. FRENCH, 08/12/2018, Inst: A-68550372, 12032172.000; BRANDI L. WYATT, 06/08/2019, Inst: A-71280322, 12034412.000; JENNIFER LYNNE MCMURRY, 06/20/2019, Inst: A-72000596, 12034564.000; ROBERT J. SIMMONS, III, 06/23/2019, Inst: A-71430644, 12034596.000; CONNIE A. ROBLEDO, 06/26/2019, Inst: A-72000519, 12034632.000; JUAN GAMA and MONIQUE GAMA, 07/13/2019, Inst: A-72150532, 12034806.000; RANDY LEE NASH, 07/23/2019, Inst: A-72080633, 12034957.000; JESSICA LYNN MARTINEZ and ASAEL MARTINEZ, 07/25/2019, Inst: A-71730411, 12034989.000; JOSEPH B. MCCABE, 09/30/2018, Inst: A-68930123, 14014377.001; KENNETH A. SMITH and LAYNE SMITH, 09/12/2015, Inst: A-57720224, 7051946.003.
(SA1327383 5/21, 5/28, 6/4/21)