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RSC52-HOA NOTICE OF INTENT TO FORECLOSE in Orange, CA 92868, US

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Location: Orange, CA 92868, US
Category: Events & Notices - Legal and Public Notices
Posted: 10/11/2017
Contact: 7144805550

Details

RSC52-HOA NOTICE OF INTENT TO FORECLOSE INTERVAL OWNERSHIP INTEREST AND OF SALE BY PUBLIC AUCTION NOTICE IS HEREBY GIVEN pursuant to Hawaii Revised Statutes 514E-29 and Part IV of Chapter 687 H.R.S, as amended, and the Declaration of Covenants, Conditions and Restrictions that the following timeshare interests shown below in Exhibit "A" Exhibit A: Current Owner Ownership Interest No. Deed Recordation Lien Dated Date SHIGEO MINAMOTO and SATOKO MINAMOTO 630304277 2955629 ; 2003-141105; 07/13/2003 8/15/2017 MICHAEL ROBERT CORDERO and JACQUELINE CONTILLO CORDERO 630505675 3917274; 2009-178426; 11/20/2009 8/15/2017 ALISA CAROL BUTSCHER 411031735 4041683; 2011-013077; 01/21/2011 8/15/2017 JEVON JAMAHL JOHNSON and NKECHI NZEREM-JOHNSON 411028699 4031947 ; 2010-199579; 12/22/2010 8/15/2017 DIANA POLENENAITE 581010204 A-61270058 ; 10/10/2016 8/15/2017 PAUL JEROME BLALOCK and STACIE LEE BLALOCK 950304717 2971330 ; 2003-160638;08/04/2003 8/15/2017 RUTH ANNE ALEQUIN and ANTHONY LUIS LUGO 630315547 3033339; 2003-260206; 11/26/2003 8/15/2017 CYNTHIA ANN RUTH and MICHAEL EDWARD DEHART 630408524 3153842; 2004-170967; 08/19/2004 8/15/2017 WEI CHUAN LIN and KRISTEN CHIA LUNG LEE 951509439 A-57590301A thru A-57590301C; 10/08/2015 8/15/2017 GEORGE WILLIAM SMYTH and REBA LEE SMYTH 630412591 3859122; 2009-075925; 05/18/2009 8/15/2017 STEPHEN RUSSELL WALTER FAULKNER and JEANNE FAULKNER 1231019803 4039314; 2011-008580; 01/14/2011 8/15/2017 ELLEN MERLE LITTLE and CHARLES ERIC JONES 581016086 4037521; 2011-005704; 01/11/2011 8/15/2017 CRYSTAL BROWN WRIGHT and BOBBY NMN WRIGHT 630314359 3050546; 2004-000432; 01/02/2004 8/15/2017 JESSE JAMES REED and BRENDA NMN JONES 630505147 3327638; 2005-186630; 09/16/2005 8/15/2017 ALAN MARSHALL DUNN and JANICE KAY OLSON 950404426 3137711; 2004-144796; 07/16/2004 8/15/2017 DIANE E MORRISON 951505163 A-56590020A thru A-56590020C; 06/30/2015 8/15/2017 will be foreclosed upon by the foreclosing agent, First American Title Insurance Company on behalf of ROYAL. SEA- CLIFF VACATION OWNERS ASSOCIATION by sale of property secured thereby at public auction on 11/08/2017 at 12:00 PM at the flagpole at Hale Halawai, Kailua-Kona, Hawaii 96740. Each of the properties to be sold is a Timeshare Interest at Fairfield Hawaii at Royal Sea Cliff established by certain Declaration of Covenants, Conditions and Restrictions recorded on December 12, 2002 in Document Nb. 2002-222306 in the office of Conveyances., State of Hawaii and as amended and which property is located at 75-6040 Ali'l Drive, Kailua-Kona, Big island, HI 96740. The Timeshare Interest as noted on the Notice of Lien, which has been filed against the record owner, consists of delinquent maintenance fees, (plus interest, late charges, and collection and enforcement costs). Each of the properties are 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 certified, or cashier's check to FIRST AMERICAN TITLE COMPANY as a non-refundable deposit; provided that the Association may submit a credit bid up to the amount of the secured indebtedness; (4) The property shall be conveyed by the Association'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 the Association 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 the Association as liquidated damages and not as a penalty; (8) If title is not conveyed to Purchaser for any reason, other than Purchasers failure to perform as specified herein, the Association's sole responsibility shall be the return of the Bid funds tendered by Purchaser. The Purchaser shall have no further recourse against the Association or its agents, attorneys, servicers and auctioneers; (9) The sale may be postponed from time to time by public announcement by the Association 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. THE DEFAULTED AMOUNT DUE MAY BE CURED AND THE FORECLOSURE ACTION CEASED IF THE DEFAULTING PARTY PAYS ALL DELINQUENT AMOUNTS DUE PLUS ALL PENALTIES, INTEREST, AND COSTS OF THE FORECLOSURE ACTION UP TO THE DATE OF PAYMENT. SAID AMOUNTS DUE MUST BE PAID NO LATER THAN THREE (3) BUSINESS DAYS PRIOR TO THE DATE OF SALE. THERE IS NO RIGHT TO CURE THE DEFAULT OR ANY RIGHT OF REDEMPTION AFTER THAT TIME. NOTICE IS HEREBY GIVEN THAT THIS ACTION IS AN ATTEMPT TO COLLECT A DEBT, THAT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, AND THAT THE DEBT MAY BE DISPUTED. NOTWITHSTANDING THE FOREGOING, TO THE EXTENT THAT ANY DEBT ASSOCIATED WITH ANY ONE OR MORE OF THE LIENS DESCRIBED ON EXHIBIT 'A' HERETO MAY HAVE BEEN DISCHARGED IN A BANKRUPTCY PROCEEDING UNDER TITLE 11 OF THE UNITED STATES CODE, PLEASE BEADVISED THAT THIS IS AN ACTION TO COLLECT A DEBT IN REM AGAINST THE PROPERTY ENCUMBERED BY SUCH LIEN AND NOT IN PERSONAM AGAINST ANY OBLIGOR. For further information regarding this sale, you must contact Royal Sea-Cliff Vacation Owners Association do Wyndham Vacation Resorts at 1-800- 251-8736, 8am to 5pm, (Eastern Time) Conductor of the public sale in the state of Hawaii: Trustee's Assistance Corporation on behalf of, First American Title, agent for Claimant; Phone: (808) 539-7504; Address: 1132 Bishop Street, suite 1830, Honolulu, Hawaii 96813, tac#9221 pub: 10-11-17, 10-18-17, 10-25-17 (HTH1031091 10/11, 10/18, 10/25/17)
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