West Hawaii Today
Notice #: 0001319866-01
Foreclosures

NOTICE OF INTENT TO FORECLOSE ON MORTGAGES AND OF SALE BY PUBLIC AUCTION KONA HAWAIIAN RESORT (1) Tax Map Key No.: (3) 7-5-019-40, NOTICE IS GIVEN pursuant to Sections 667-61 through 667-65, Hawaii Revised Statutes, that KONA HAWAIIAN VACATION OWNERSHIP, LLC. as Mortgagee and as the attorney-in-fact for the mortgagor (See Exhibit “A”) whose address is 6277 Sea Harbor Drive, Orlando, FL 32821 (“Mortgagee”), intends to foreclose the mortgages dated (See Exhibit “A”) executed by (See “Exhibit “A”) in favor of Mortgagee recorded in the State of Hawaii Bureau of Conveyances as Document No. (See “Exhibit “A”) and/or recorded in the Office of the Assistant Registrar of the Land Court of the State of Hawaii (Bureau of Conveyances) as Document No. (See Exhibit “A”) and will hold a sale by public auction, pursuant to the power of sale contained in said mortgages, of those certain interval ownership (timeshare) interests in the timeshare project known as: (1) KONA HAWAIIAN RESORT, located at 75-5961 Ali’i Drive, Kailua-Kona, HI, 96740, (the “Project”) secured by said mortgage, consisting of an undivided (See Exhibit “A”) interest in said Project as noted as ICN #(See Exhibit “A”), Apartment No. (See Exhibit “A”) as established by that certain Declaration of Covenants, Conditions and Restrictions and Vacation Ownership Instrument for KONA HAWAIIAN RESORT, dated April 28, 2004 and recorded in the Office of the Assistant Registrar of the Land Court of the State of Hawaii (Bureau of Conveyances) as Document No. 2004-085425, and any amendments thereto (“Declaration”) . The sale shall be conducted at: KEAKEALANI BUILDING, 79-1020 HAUKAPILA STREET, KEALAKEKUA, HAWAII 96750, AT THE ADA PARKING AREA AT THE FAR NORTH END, ADJACENT TO HAUKAPILA STREET ON APRIL 28, 2021 AT 1:30 PM (hst). Terms of sale are: (i) each of the properties to be sold is an undivided ownership interest in the Project and shall be sold separately to satisfy the mortgage “AS-IS, WHERE-IS” without representation and/or warranty of any kind with respect to condition, title, possession or encumbrances and without upset price by quitclaim conveyance (ii) Purchaser must, at close of Auction, pay to Mortgagee a non-refundable down payment of 10% of the highest successful bid price in cash (U.S.), or by cashier’s or certified check as a non-refundable deposit with the balance of the purchase price payable in full within twenty-one (21) days from the date of the Auction with such deposit being deemed earned and non-refundable and which shall be retained by Mortgagee as liquidated damages if Purchaser fails to pay the balance due timely. (iv) Purchaser shall pay all costs, expenses, and other sums (including, without limitation, conveyance taxes, recording fees, and special assessments due pursuant to H.R.S. Sec. 514A-90 and Sec. 514B-146); (v) Mortgagee shall be entitled to credit bid up to the amount of sums due under the mortgage (together with all late fees, finance charges, attorney’s fees and costs due and owing under the mortgage); (vi) Purchaser must register to bid at the time of sale and by submitting a bid Purchaser acknowledges and agrees to the terms and conditions contained herein and to those additional terms which may be acknowledged by Purchaser at the Sale. Sale is subject to cancellation and/or postponement for any reason, or no reason, before or after commencement or bidding. THE DEFAULT UNDER THE MORTGAGE AGREEMENT MAY BE CURED NO LATER THAN THREE BUSINESS DAYS BEFORE THE DATE OF THE PUBLIC SALE OF THE MORTGAGED PROPERTY BY PAYING THE ENTIRE AMOUNT WHICH WOULD BE OWED TO THE FORECLOSING MORTGAGEE IF THE PAYMENTS UNDER THE MORTGAGE AGREEMENT HAD NOT BEEN ACCELERATED, PLUS THE FORECLOSING MORTGAGEE’S ATTORNEY’S FEES AND COSTS, AND ALL OTHER FEES AND COSTS INCURRED BY THE FORECLOSING MORTGAGEE RELATED TO THE DEFAULT, UNLESS OTHERWISE AGREED TO BETWEEN THE FORECLOSING MORTGAGEE AND THE BORROWER. THERE IS NO RIGHT TO CURE THE DEFAULT OR ANY RIGHT OF REDEMPTION AFTER THAT TIME. IF THE DEFAULT IS SO CURED, THE PUBLIC SALE SHALL BE CANCELED. THIS IS AN ACTION TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR SUCH PURPOSE. This foreclosure sale is being conducted by AQUA LEGAL, LLC, on behalf of K&L Gates LLP, attorneys for and agent of Claimant; 2145 Wells St., Suite 302A Wailuku, HI 96793 Phone: (808) 283-2035. For further information regarding this sale, you must contact Kyra Swinney-Darby, K&L Gates LLP, One Newark Center, 10th Floor, Newark, NJ 07102, Phone: (973) 848-4038 or by email: kyra.swinney-darby@klgates.com. EXHIBIT “A” NOTICE OF INTENT TO FORECLOSE: KONA HAWAIIAN RESORT; Contract No./ Mortgagor(s), Date of Mortgage, BOC Document No., Undivided Interest, Interval Control No., Apartment No.; ADRIENNE LEA BOWERMAN, 2137 WHELAN AVENUE, SAN LEANDRO, CA 94577, 3/28/2019, A-70810017, 240,000/890,152,000, 12598, ALL UNIT RIGHTS EXHIBIT “A” NOTICE OF INTENT TO FORECLOSE: KONA HAWAIIAN RESORT; Contract No./ Mortgagor(s), Date of Mortgage, BOC Document No., Undivided Interest, Interval Control No., Apartment No.; BRADLEY HILL AND CINDY HILL, 18511 273RD AVENUE SE, MONROE, WA 98272, 11/4/2011, A-43780356, 63,000/890,152,000, 6801, ALL UNIT RIGHTS EXHIBIT “A” NOTICE OF INTENT TO FORECLOSE: KONA HAWAIIAN RESORT; Contract No./ Mortgagor(s), Date of Mortgage, BOC Document No., Undivided Interest, Interval Control No., Apartment No.; CYNTHIA ANN QUINTON AND JACK RAYMOND YEOMAN, 1150 THIEL ROAD, HAYWARD, CA 94544, 12/3/2015, A-58720185, 210,000/890,152,000, 10263, ALL UNIT RIGHTS EXHIBIT “A” NOTICE OF INTENT TO FORECLOSE: PAHIO AT THE KAUAI BEACH VILLAS; Contract No./ Mortgagor(s), Date of Mortgage, BOC Document No., Undivided Interest, Interval Control No., Apartment No.; CLIFFORD R. SINGH AND SULEIKA M. SINGH, 6000 DENVER STREET, NE, ST. PETERSBURG, FL 33703, 3/5/2005, 231,000/890,152,000, 1531, ALL UNIT RIGHTS EXHIBIT “A” NOTICE OF INTENT TO FORECLOSE: KONA HAWAIIAN RESORT; Contract No./ Mortgagor(s), Date of Mortgage, BOC Document No., Undivided Interest, Interval Control No., Apartment No.; TERRY G. FIELDS AND DIANE E. FIELDS, 4 ARLINGTON COURT, SMITHTON, IL 62285, 2/24/2016, A-59550325, 28,000/890,152,000, 10368, ALL UNIT RIGHTS EXHIBIT “A” NOTICE OF INTENT TO FORECLOSE: KONA HAWAIIAN RESORT; Contract No./ Mortgagor(s), Date of Mortgage, BOC Document No., Undivided Interest, Interval Control No., Apartment No.; TINA MORALES, JAVIER MORALES, AND JONATHAN MORALES, PO BOX 381, LULING, TX 78648, 8/23/16, A-61360464, 328,000/890,152,000, 10745, ALL UNIT RIGHTS EXHIBIT “A” NOTICE OF INTENT TO FORECLOSE: KONA HAWAIIAN RESORT; Contract No./ Mortgagor(s), Date of Mortgage, BOC Document No., Undivided Interest, Interval Control No., Apartment No.; NINA LOUISE COX AND JAMES LEROY COX, 209 E. WEBSTER STREET, MARSHALLTOWN, IA 50158, 10/11/2010, 2010-152948, 915,000/890,152,000, 5947, ALL UNIT RIGHTS EXHIBIT “A” NOTICE OF INTENT TO FORECLOSE: KONA HAWAIIAN RESORT; Contract No./ Mortgagor(s), Date of Mortgage, BOC Document No., Undivided Interest, Interval Control No., Apartment No.; WILLIAM E. HENDERSON AND MARY CARLENE HENDERSON, PO BOX 398, SPIRIT LAKE, ID 83869, 2/24/2015, A-55830157, 63,000/890,152,000, 9706, ALL UNIT RIGHTS EXHIBIT “A” NOTICE OF INTENT TO FORECLOSE: KONA HAWAIIAN RESORT; Contract No./ Mortgagor(s), Date of Mortgage, BOC Document No., Undivided Interest, Interval Control No., Apartment No.; BRUCE E. ANDERS AND MARGARET A. ANDERS, 5618 MACKENZIE PARK COURT, LAS VEGAS, NV 89130, 2/15/2013, A-51500824, 105,000/890,152,000, 8788, ALL UNIT RIGHTS EXHIBIT “A” NOTICE OF INTENT TO FORECLOSE: KONA HAWAIIAN RESORT; Contract No./ Mortgagor(s), Date of Mortgage, BOC Document No., Undivided Interest, Interval Control No., Apartment No.; TRAVIS A. BURLEYSON AND NICOLE R. BURLEYSON, 2618 MERIDIAN LAKE DRIVE, BELLEVILLE, IL 62221, 2/21/2017, A-63170554, 84,000/890,152,000, 11312, ALL UNIT RIGHTS (WHT1319866 3/24, 3/31, 4/7, 4/13/21)