West Hawaii Today
Notice #: 0001501232-01
Foreclosures

NOTICE OF INTENT TO FORECLOSE LIEN FOR DELINQUENT ASSESSMENTS AND OF SALE BY PUBLIC AUCTION (1) KOHALA COAST VACATION SUITES – FILE NO. 23284.0055 (1) Tax Map Key No.: (3) 6-9-007-032. NOTICE IS HEREBY GIVEN that Kohala Coast Vacation Owners Association, Inc., a Hawaii non-profit corporation, 6355 Metro West Blvd., Orlando FL 32835 (the “Association”), the lienholder under a Notice of Lien for Delinquent Assessments (the “Lien”) recorded in the Bureau of Conveyances under Document No.: A-9250000456, pursuant to Sections 514E-29 and 667-61 through 667-65 Hawaii Revised Statutes, and the provisions of the Covenants, Conditions and Restrictions and Vacation Ownership Instrument for Kohala Coast Vacation Suites dated February 2, 2004, and recorded on February 12, 2004, in the Bureau of Conveyances, State of Hawaii as Document No. 2004-030035, as amended (the “Declaration”) hereby gives this notice of the Association’s intent to foreclose the Lien and hold a sale by public auction to satisfy the obligations as set forth in said Lien on the following described real property lying in the State of Hawaii, County of HAWAII with street address of 69-600 Waikoloa Beach Drive, Waikoloa, HI 96738, to wit: an undivided (See Exhibit “A”) interest in said Project as noted as ICN #(See Exhibit “A”), Apartment No. (See Exhibit “A”)(the “Unit”). The Unit is owned by (See Exhibit “A”) and is being sold by reason of said owners uncured and continuing default and breach in the performance of their obligations under the Governing Documents and failure to pay the amount of (See Exhibit “A”) secured by said Lien. The sale shall be conducted by the Law Offices of Marvin S.C. Dang, LLLC, P.O. Box 4109, Honolulu, HI 96812-4109, (808) 521-8521, at: KEAKEALANI STATE BUILDING, 79-1020 HAUKAPILA STREET, KEALAKEAKUA, HAWAII 96750, ADA PARKING AREA AT THE FAR NORTH END, ADJACENT TO HAUKAPILA STREET ON September 12 AT 12:00 PM. Terms of sale are: (i) each Unit to be sold pursuant to this notice shall be sold separately to satisfy the Lien(s) “AS-IS, WHERE-IS” without representation and/or warranty of any kind with respect to condition, title, possession or encumbrances, by quit-claim deed; (ii) Purchaser must, at close of Auction, pay to the Association a non-refundable initial deposit and down payment of 10% of the highest successful bid price in cashier’s or certified check; (iii) the balance due must be paid in full to the persons conducting the sale within seventy-two (72) hours from the time of the winning auction; (iv) if the balance due is not received by that time the sale shall be void and the defaulting purchaser shall forfeit the initial deposit which shall be retained by the Association as liquidated damages; (v) Purchaser shall pay all escrow fees, recording costs, and other amounts, costs, and expenses, including any assessments relative to the Unit(s) which may have become due for any year(s) not included with the Lien(s) or which may be owed pursuant to the Governing Documents and applicable law; (vi) Association shall be entitled to credit bid up to the amount of all sums due under the Liens and Governing Documents (including all interest, late fees, costs, penalties and attorney’s fees); (vii) Purchaser must register to bid at least twenty four (24) hours prior to the sale with the attorney conducting the sale as set forth herein and identify what Unit they intend to bid on at the sale; (viii) by submitting a bid on a Unit(s), Purchaser acknowledges and agrees to the terms and conditions contained herein and to those additional terms which may be announced at the time of the sale. Sale is subject to cancellation and/or postponement for any reason, or no reason, before or after commencement of bidding. Any terms used, but not defined, herein shall have the meaning set forth in the Governing Documents. THE DEFAULT UNDER THE ASSOCIATION DOCUMENTS MAY BE CURED NO LATER THAN THREE (3) BUSINESS DAYS BEFORE THE DATE OF THE PUBLIC SALE OF THE PROPERTY BY PAYING THE ENTIRE AMOUNT THAT WOULD BE OWED TO THE ASSOCIATION, PLUS THE ASSOCIATION’S ATTORNEY’S FEES AND COSTS, AND ALL OTHER FEES AND COSTS INCURRED BY THE FORECLOSING ASSOCIATION RELATED TO THE DEFAULT, UNLESS OTHERWISE AGREED TO BETWEEN THE ASSOCIATION AND THE UNIT OWNER. 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 AS TO THE PROPERTY. UNLESS ALL AMOUNTS DUE AND OWING PURSUANT TO THE NOTICE ARE PAID IN FULL WITHIN SAID TIMEFRAME, YOUR PROPERTY MAY BE SOLD WITHOUT ANY COURT ACTION OR JUDICIAL INTERVENTION. THIS IS A NON-JUDICIAL FORECLOSURE PROCEEDING TO PERMIT THE ASSOCIATION TO PURSUE ITS IN REM REMEDIES UNDER HAWAII LAW. IF YOU HAVE FILED FOR BANKRUPTCY, BE ADVISED THAT NO IN PERSONAM JUDGMENT OR DEFICIENCY IS BEING SOUGHT BY THE ASSOCIATION. For further particulars, contact: Sharon Warner for KOHALA COAST VACATION OWNERS ASSOCIATION, INC. phone number (888) 491-1120 (9 a.m. to 5 p.m. Eastern time). By: KOHALA COAST VACATION OWNERS ASSOCIATION, INC., a Hawaii non-profit corporation. (1) EXHIBIT “A” – NOTICE OF INTENT TO FORECLOSE. FILE NO. 23284.0055 (HO). Owner(s), TS Undiv Int, ICN, Amount of Lien. SAMUEL ELIAS KAHAKULANI KALEIOPAPA HO&MERCEDES IWALANI NARTATEZ HO&SAMUEL KEONE ELIAS CHING HO, SPOUSE OF SHAWNA WILCOX HO&SAMSON ELIOT KAHAKULANI KALEIOPAPA HO, .016025641%, 67-1411-24, $4,079.27; SHIGERU KANDA&HARUMI KANDA, .016025641%, 67-1824-2, $4,125.05; JOHN J HARTMANN, 0.016025641%, 67-1625-1, $4,143.60 (WHT1501232 8/08, 8/15, 8/22/25)