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Category: Legal Notices - Foreclosures

RG18-DOT NOTICE OF MORTGAGEE'S INTENTION TO FORECLOSE UNDER NON-JUDICIAL POWER OF SALE Pursuant to Hawaii Revised Statutes §667-6 1 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 Delaware Corporation 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, Royal Garden at Waikiki, located at 440 Olohana St, Honolulu, HI 96815 (TMK: (1) 2-6-016-039), on 05/17/17 at the front entrance to the Circuit Court, 777 Punchbowl Street, Honolulu, HI 96873 at 12:00 p.m. EXHIBIT A. Mortgagor(s) Ownership Interest No. Deed Recordation Mortgage Date BILLY WAYNE GARDENHIRE and DIANE LYNN GARDENHIRE 951503051 A-56120042A thru A-56120042C; 5/14/15 ; A-56120043 ; 05/14/2015 3/24/2015 BENJAMIN MARK JUST and GUO JIE SUN 631229523 A-47580047A; 1/10/13 ; A-47580048 01/10/2013 11/8/2012 HERNANDO ABRIUM MICUA and CHARLY BUNDOC MICUA 631527124 A58690262A; 1/26/16 ; A-58690263 ; 01/26/2016 12/5/2015 KEIICHI TERASHIMA and ETSUKO MATSUNAGA 631602141 A-59380060A; 4/4/16 ; A-59380061 ; 04/04/2016 1/31/2016 JOSEPHINE TELEBANGCO STEVENS and MARK HOWARD STEVENS 951512078 A-58350107A; 12/23/15 ; A-58350108 ; 12/23/2015 11/5/2015 PABLO A ADIN and JESSICA ADIN 1151307907 A-49820325A; 8/22/13 ; A-49820326 ; 08/22/2013 7/10/2013 TIMOTHY ORSER and YUKO ORSER 631213501 A-45970040A; 8/2/12 ; A-45970041 ; 08/02/2012 5/19/2012 CECILIA V CROFT 631407723 A-52460216A; 5/13/14 ; A-52460217 ; 05/13/2014 3/22/2014 GAIL GARCIA 1151504933 A-56610293A; 7/2/15 ; A-56610294 ; 07/02/2015 5/9/2015 SERGIO JORGE FORBES and MAYLING HIPATIA FORBES 871506341 A-57440616A thru A-57440616C; 09/23/2015 ; A-57440617 09/23/2015 8/8/2015 WILFREDO MEJIA and DILMA MEIJA 871211496 A-47370090A thru A-47370090C;12/20/2012 ; A-47370091 ; 12/20/2012 10/16/2012 JACK KANEALII BAKER and DONNA LYSA BAKER 631305208 A-48610342A thru A48610342C; 04/23/2013 ; A-48610343 ; 04/23/2013 2/28/2013 CRISTINA LOUISE MARTIN 951409770 A-54420362A thru A-54420362C; 11/25/2014 ; A-54420363 ; 11/25/2014 9/29/2014 PRASAD P SOMU, VIJAYA SOMU and MOHINI SOMU 1151306040 A-49520027A thru A49520027C; 07/23/2013 ; A-49520028 ; 07/23/2013 5/29/2013 KELLY SHANNON TOVSEN and OLIVER KERMIT TOVSEN JR 631227196 A-47980039A thru A-47980039C; 02/19/2013 ; A-47980040 ; 02/19/2013 10/14/2012 GAIL PATRICIA CAYA 631227600 A-47940032A thru A-47940032C; 02/15/2013 ; A-47940033 02/15/2013 10/18/2012 GREG WEIAND and MARY WEIAND 871210712 A-47020099A thru A-47020099C; 11/15/2012; A-47020I00 ; 11/15/2012 9/24/2012 CORINNA M MARTINEZ 1151314374 A-51340048A thru A51340048C; 01/21/2014 ; A-51340049 ; 01/21/2014 11/30/2013 PALMA MARIA BAGNATO 631501616 A55490060A thru A-55490060C; 03/12/2015 ; A-55490061 ; 03/12/2015 1/21/2015 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 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 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-l46(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. Publish on 04/19/17, 04/26/17, 05/03/17. 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. 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 MORTGAGES 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 MORTGAGE AND NOT IN PERSONAM AGAINST ANY MORTGAGOR. For further particulars, contact Wyndham Vacation Resorts, Inc., (800) 251-8736 8am to 5pm, (Eastern Time) Conductor of the public salein the state of Hawaii: Trustee's Assistance Corporation on behalf of, First American Title, agent for Claimant; Phone: (808) 539-7504; Address: 1132 Bishop Street, suite 1830, Honolulu, Hawaii 96813, TAC#8793 PUB: 4-19-17, 4-26-17, 5-3-17 (SA981571 4/19, 4/26, 5/3/17)

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