The Garden Island
Notice #: 0001025813-01
Foreclosures

WBW64-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., a!; 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’>, 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 on 10/11/2017 at the front entrance to the Circuit Court, 777 Punchbowl Street, Honolulu, Hawaii 96813 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 bud 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 25 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 d rafting, 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 TIMIE. 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. THIE WRITTEN INSTRUCTIONS MUST BE SENT BY CERTIFIED MAIL OR REGISTERED MAIL OR BY EXPRESS MAIL, POSTAGE PREPAID AND RETURN RECEIPT REQUESTED. NOTICE IS HEREBY GIVEN TIHAT 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 MORTGAGES DESCRIBED ON EXHIBIT ‘A’ HERETO MAY HAVE BEEN DISCHARGED IN A BANKRUPTCY PROCEEDING UNDER TITLE 11 OF THE UNITED STATES CODE, IPLESE BE ADVISED THAT THIS IS AN ACTION TO COLLECT A DEBT IN REM AGAINST THE PROPERTY ENCUMBERED BY SUCH MORTGAGE AND NOT IN PERSONAM AGAINST ANY MORTGAGOR. Exhibit A" Mortgagor(s) Ownership Interest No. Deed Recordation Mortgage Date WILLIAM OLIVER WILLIAMS, ESTATE OF 631501707 A-55490097A thru A-55490097C; 3/12/2015 ; A-55490098 ; 03/12/2015 1/22/2015 DAVID DONALD KENNEDY and BARBARA ANN KENNEDY 631315876 A-49900153A thru A-49900153C; 08/30/2013 ; A-49900154 ; 08/30/2013 6/25/2013 CHIZUKO MERA 631232402 A-47800069A thru A-47800069C; 2/1/2013 ; A-47800070 ; 02/01/2013 12/13/2012 FUMIYO NANRI and TETSUKO NANRI 631504347 A-55910022A thru A-55910022C; 4/23/2015 ; A-55910023 ; 04/23/2015 3/1/2015 CRISTI LYNN ERICKSON 631331659 A-51500291A thru A-51500291C; 02/06/2014 ; A-51500292 ; 02/06/2014 12/19/2013 KENICHI FUNAZUMI and YUKO FUNAZUMI 631324308 A-50660061A thru A-50660061C; 11/14/2013 ; A-50660062 ; 11/14/2013 9/26/2013 LUPITA BUEZO and RAFAEL BUEZO 870616836 2007-021283; 02/05/2007 ; 2007-021284 ; 02/05/2007 11/20/2006 ANDREW NATHAN DRESCHER and OCEANA NMN DOVE 630918076 2009-187616; 12/10/2009 ; 2009-187617 ; 12/10/2009 10/12/2009 MASASHI YAMAMOTO 631020724 2010-199673; 12/22/2010 ; 2010-199674 ; 12/22/2010 10/23/2010 NAOYA OSHIGE 631024635 2011-036775; 03/03/2011 ; 2011-036776 ; 03/03/2011 12/11/2010 KARIN SUE HAYES and RICKY H HAYES 631123817 A-44780227A thru A-44780227C; 04/05/2012 ; A-44780228 ; 04/05/2012 9/20/2011 MARJORIE FAY KRAFT 631128261 44060035A thru A-44060035C; 01/24/2012 ; A-44060036 ; 01/24/2012 11/7/2011 DELITHA GAIL SPARKS and BRIAN KEITH SPARKS 631113313 43920047A thru A43920047C; 01/10/2012 ; A-43920048 ; 01/10/2012 6/4/2011 SHUICHI KIGORO and AYUMI KIGORO 631020922 2010-199690; 12/22/2010 ; 2010-199691 ; 12/22/2010 10/25/2010 SEIJI SUMITOMO and HISAYO SUMITOMO 631612785 A-60590445A thru A-60590445C; 08/03/2016 ; A-60590446 ; 08/03/2016 6/23/2016 JEFFREY COOPER and GRACE COOPER 870713948 2008-022548; 02/15/2008 ; 2008-022549 ; 02/15/2008 11/28/2007 For further particulars, contact Waikiki Beach Walk do Wyndham Vacation Resorts, Inc., (800) 251-8736 8am to 5pm, (Eastern) Conductor of the public sale in the state of Hawaii: Trustee’s Assistance Corporation on behalf of, First 4merican Title, agent for Claimant; Phone: (808) 539-7504; Address: 1132 Bishop Street, suite 1830, Honolulu, Hawaii 96813 Dated: August 30, 2017, TAC9200 PUB: 9-13-17, 9-20-17, 9-27-17 (SA1025813 9/13, 9/20, 9/27/17)