West Hawaii Today
Notice #: 0001390719-01

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 Wyndham Vacation Resorts, Inc., a Delaware Corporation, for failure to pay the amounts owed and secured by the respective Mortgages. Wyndham Vacation Resorts, Inc., a Delaware Corporation, as Mortgagee, whose address is c/o Wyndham Vacation Resorts 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 Sea Cliff, located at 75-6040 Alii Drive, Kailua-Kona, HI 96740 at the ADA Parking area at the far north end, adjacent to Haukapila Street on November 30, 2022 at 1:30 pm (hst). 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 K&L GATES LLP 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. 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. Batch No: Royal Sea Cliff – (Batch 5 11.30.22) SCHEDULE “1”: Mortgagor(s), Mortgage Dated, Mortgage Document No., Vacation Ownership Interest (Contract No.); Schedule “1” Mortgagor(s) Mortgage Mortgage Document Timeshare Interest Dated Recording/Instrument No. (Contract No.) Harold George Smiley and Karmen M. Smiley 6/20/2018 8/29/2018;A68150605 631814225 Napoleon Salcedo and Alicia Salcedo 5/26/2018 7/25/2018;A67800175 631812203 Flavio O. Lopez and Eny B. Toc 8/9/2018 8/9/2018;A67950082 631812922 Angelina Arellano and Crystal Ventura 5/22/2015 7/14/2015;A56730274 871503975 Noah Schachter and Toba Cooper 8/6/2018 10/3/2018;A68500117 951808088 Edwina Batty and Dennis Batty 2/27/2011 4/18/2011;2011063492 1231103524 Charles E. Miller and Marsha R. Miller 2/15/2014 4/4/2014;A52070008 411402803 Policarpio G. Calderon and Olivia Calderon 7/31/2018 9/28/2018;A68450265 631818051 Graham Firth and Adria Marie Vincent 6/26/2016 8/25/2016;A60810241 631613361 Cindy Marie Arrossa and Pierre Gerald Arrossa 8/15/2018 10/10/2018;A68570239 631611274 Maribel Cumplid Moneck and Michael J. Moneck 6/6/2016 8/1/2016;A60570012 631819315 Elemuel Karl Gibson and Andrea Lovan Gibson 9/2/2013 10/18/2013;A50390104 411320138 (WHT1390719 10/20, 10/27, 11/3/22)