West Hawaii Today
Notice #: 0001395333-01

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 FKA Fairfield 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 FKA Fairfield 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, Fairfield Hawaii at Royal Sea-Cliff, located at 75-6040 Ali’i Drive, Kailua-Kona, HI 96740 on 01/03/2023 at Hale Halawai Park, 75-5760 Alii Dr, Kailua-Kona, HI 96740, near the bulletin board at front entrance at 1:00 PM. 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 100% 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; provided that Mortgagee may submit a credit bid up to the amount of the secured indebtedness; (4) 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) 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; (6) The sale may be postponed from time to time by public announcement by Mortgagee or someone acting on its behalf; (7) 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. For further information regarding this sale, you must contact: Wyndham Vacation Resorts, Inc., a Delaware corporation at (800) 251-8736. 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. Batch No: Foreclosure DOT 124284-RSC89-DOT. Schedule “1”: Mortgagor(s), Mortgage Dated Date, Mortgage Document No., Vacation Ownership Interest (Contract No.); DAVID MULLER and AMY MULLER, 05/10/2013, Inst: A-49240085, 1231310905; LARRY WILLIAM JOHNSON and LINDA RAE JOHNSON, 08/19/2019, Inst: A-72290120, 3931900065; MOLLY MELOY KELLY, 12/22/2019, Inst: A-73490118, 3931900188; DAVINA C. MACKEY, 10/13/2019, Inst: A-72970446, 3941900212; CLYDE SMITH and PATRICIA A. SMITH, 01/26/2012, Inst: A-44550215, 411201403; MARK T. LUDWIG and MAURINA RODRIGO LUDWIG, 06/18/2016, Inst: A-60710021, 631612256; ALVINA MUNIZ DELEON and MICHAEL HALE DELEON, 06/22/2016, Inst: A-60740336, 631612652; MADISON TAYLOR METZER and MIRANDA METZER, 12/06/2018, Inst: A-69850033, 631802959; KELLIANNE MARREE HORNBUCKLE and RONALD CAMERON HORNBUCKLE, 04/17/2018, Inst: A-67240421, 631809027; DANICA CHRISTEN CUI-DELA CUEVA, 04/18/2018, Inst: A-67240424, 631809076; DANNY EDWIN MILLS and DE-ANN LYNN MILLS, 05/03/2018, Inst: A-67720080, 631810413; DONOVAN LEOLANI TACKETT and JENNA UILANI CHUNG-NAKOA, 05/12/2018, Inst: A-67720100, 631811056; PRESTON ROBERT KANOELANI AMARAL and KRISTY PUALILIAOKEKOMOHANA NAVARRO, 07/20/2018, Inst: A-68310049, 631816915; BONIFACIO BONAVENTE and MARIA CECILIA BONAVENTE, 08/25/2018, Inst: A-68630061, 631820008; SHELIA JOYCE SMITH and TODD MELVIN KLEINSCHMIDT, 04/10/2019, Inst: A-70880259, 631900706; SHIZUO YAMAMOTO, 09/29/2019, Inst: A-72610028, 631902168; LEONARD EARL BROOKS SR and CHARLENE MARIE BROOKS, 03/10/2020, Inst: A74600073, 632000363; JESSE G MACIAS and MELINDA R TOMLINSON MACIAS, 03/22/2020, Inst: A74640121, 632000411; CAROL ANNE BILLETT, 02/12/2018, Inst: A-66600223, 951801539; PERLITA ESPINOSA CORTEZ, 04/07/2019, Inst: A-70970162, 951900274. (WHT1395333 12/5, 12/12, 12/19/22)