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MLV15-HOA NOTICE OF INTENT TO FORECLOSE in 400 International Parkway 380, Heathrow, FL 32746, US

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Location: 400 International Parkway 380, Heathrow, FL 32746, US
Category: Events & Notices - Legal and Public Notices
Posted: 01/10/2018
Contact: 4076187931

Details

MLV15-HOA 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 MAUNA LOA INTERVAL OWNERS ASSOCIATION by sale of property secured thereby at public auction on 2/7/2018 at 1:00 p.m., at Keakealani Building, 79-1020 Haukapila Street, Kealakekua, Hawaii 96750 (ADA Parking Area at the Far North End, Adjacent to Haukapila Street). Each of the properties to be sold is a Timeshare Interest at MAUNA LOA VILLAGE BY THE SEA established by certain Declaration of Covenants, Conditions and Restrictions recorded on February 27, 1998 as Document 98-025899 in the office of Conveyances, State of Hawaii and as amended and which property is located at 78-7190 Kaleiopapa Road., Kailua-Kona, Big Island, HI 96740. The Timeshare Interest as noted on the Notice of Lien, which has been filed against the record owner as Lien Document No. A65420036 recorded 11/29/2017, 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. Prior to the deadline date, should you desire to cure the default, you must contact Mauna Loa Interval Owners Association c/o Wyndham Vacation Resorts at 1-800- 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" Current Owner/Ownership Interest No.: STUART T CHUN and RONA A.F. CHUN 16758; JOHN K LONO SR and DAWN L LONO 17084; BRIAN D JARNER and JEWELL A JARNER 17155; KENNETH A. PLOUGH II and JILL C. PLOUGH 17325; MARGARET S. SERAIN and JAY A. SERAIN 17438; YOSHIYUKI IZUMI AND IRENE A IZUMI 17588; GARY L. WESTWOOD and CATHY M. SHORT 17604; NEIL WARREN RICHARDS, As Trustee of THE RICHARDS FAMILY TRUST, DATED 06/26/2003 and RUTH ELAINE RICHARDS, As Trustee of THE RICHARDS FAMILY TRUST, DATED 06/26/2003 20152; BRIAN T BERNARD 20521; SHIRO YOSHIKAWA and KEIKO YOSHIKAWA 24123; HONG-YEE LIN and JU-CHU LIN 24323; SHARON L MERRITT and KELLI L MERRITT 28698; SHARON L MERRITT and KELLI L MERRITT 28699; MELVA M. GAGE 30224; THE HEIRS AND/OR BENEFICIARIES OF THE ESTATE OF DONALD J. NEWMAN AND THE HEIRS AND/OR BENEFICIARIES OF THE ESTATE OF ROSEMARY J. NEWMAN 44122; RICHARD R. ROLF and JOY E. ROLF 90000179; TSUTOMU MAEHARA and MIYUKI MAEHARA 9000022; ROSS BURTNESS and ABBY BURTNESS 90000801; SHIRO YOSHIKAWA and KEIKO YOSHIKAWA 9000134; R.A. MIKELSON and IRENNE K MIKELSON 90001549; ERIC BYRD 90001926; JAB PROPERTY INVESTMENTS LLC 90002398; FRED STEPHAN 90002412; TIMESHARE TRADE INS LLC 90002415; ZAVEN SARGIS 90002429; DANIEL VILLEGAS 90002639; CRAIG ARTHUR PATINSKY 90002640; MARIA ISABEL GIL SANTOS 90002641; MARIA ISABEL GIL SANTOS 90002655; MARIA ISABEL GIL SANTOS 90002656; GARY GLEN GILMORE 9000443; GARY GLEN GILMORE and DENISE ANN GILMORE 9000464; CRYNTRENEX, INC., A NEVADA CORPORATION 9000501; TERRY (NMN) O'CONNELL and RONNA MAE (NMN) O'CONNELL 9000627 (WHT1061257 1/10, 1/18, 1/24/18)
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