West Hawaii Today
Notice #: 0001455108-01

NOTICE OF INTENT TO FORECLOSE ON MORTGAGES AND OF SALE BY PUBLIC AUCTION (1) OCEAN TOWER VACATION SUITES (1) Tax Map Key No.: (3) 6-9-007-039 (1) NOTICE IS GIVEN pursuant to Sections 667-61 through 667-65, Hawaii Revised Statutes, that HILTON RESORTS CORPORATION, a Delaware Corporation as Mortgagee and as the attorney-in-fact for the mortgagor (See Exhibit “A”) whose address is 6355 Metro West Boulevard, Suite 180, Orlando FL 32835 (“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: OCEAN TOWER VACATION SUITES, located at 69-425 Waikoloa Beach Dr, Waikoloa HI 96738 (the “Project”) secured by said mortgage, consisting of consisting of an undivided (See Exhibit “A”) interest in said Project as noted as ICN#(See Exhibit “A”) as established by that certain Declaration of Covenants, Conditions and Restrictions and Vacation Ownership Interest for Ocean Tower Vacation Suites, recorded November 6, 2017, in the Bureau of Conveyances of the State of Hawaii as Document No. A-65190461, as amended (“Declaration”).The sale shall be conducted at: THE FLAGPOLE FRONTING HALE HALAWAI PARK, ALII DRIVE, KAILUA-KONA, HI 96740 ON JUNE 21, 2024 AT 12:00 NOON. 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 is a non-judicial foreclosure proceeding to permit HILTON RESORTS CORPORATION to pursue its in rem remedies under Hawaii law. This foreclosure sale is being conducted by Law Offices of Marvin S.C. Dang, LLLC, whose office is located at P.O. Box 4109, Honolulu, Hawaii 96812-4109. For further particulars, contact: Sharon Warner for HILTON RESORTS CORPORATION, phone number (888) 491-1120 (9 a.m. to 5 p.m. Eastern Time). HILTON RESORTS CORPORATION, a Delaware corporation By: Authorized Agent. EXHIBIT “A” NOTICE OF INTENT TO FORECLOSE: OCEAN TOWER VACATION SUITES 58299.0021 (BOSTWICK ONLY); Contract No. / Mortgagor(s), BOC Document No., Undivided Interest, Interval Control No., Apartment No; Clyde Stephen Jay Bostwick 2025 DELPOND LN CHARLOTTE, NC 28226-6467, 9/28/2018, A-69200106, 0.003205847387622010%, 69-6035-31-7; (WHT1455108 5/17, 5/24, 5/31/24)