From Hawaii Tribune Herald 3/26/23:
NOTICE OF FORECLOSURE SALE By Order of the Third Circuit Court in Civil No. 12-1-0174, filed December 30, 2022, the Commissioner, named below, has been appointed to sell the property at public auction: I. PROPERTY DESCRIPTION: Address: 92-8879 Bamboo Lane, Ocean View, Hawaii 96737; Tax Map Key: (3) 9-2-057-033; Sale must be approved by the Court. The property is sold “AS IS” and “WHERE IS.” II. SALES INFORMATION: THERE WILL BE NO OPEN HOUSES. Auction Date: April 24, 2023 at 12:00 p.m. (noon), at the steps fronting the Hilo Circuit Court, 777 Kilauea Avenue, Hilo, Hawaii 96720. III. TERMS OF SALE: The property is sold in its AS IS and WHERE IS condition, without any representations or warranties whatsoever as to title or possession and by way of a quitclaim conveyance by public commissioner’s sale, without an upset price, in accordance with the Court’s December 30, 2022 Order. The successful bidder at the sale shall make a down payment to the Commissioner in an amount not less than ten percent (10%) of the highest successful bid price. This payment shall be in cash, money order, by cashier’s check or by certified check, provided that PLAINTIFF may satisfy the down payment by way of offset up to the amount of its secured debt; prior to bidding, any person not hereby authorized to credit bid must show the Commissioner such person’s present ability to make the required down payment in such form immediately upon the close of the bidding. At the Court’s discretion, the 10% down payment may be forfeited in full or in part if the purchaser shall fail to pay the balance of the purchase price as hereinafter set forth. In no event shall the purchaser be liable for damages greater than the forfeiture of the 10% down payment. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of the sale, provided that if PLAINTIFF is the purchaser at the foreclosure sale, said PLAINTIFF may satisfy the balance of the purchase price by way of offset up to the amount of its secured debt. A further hearing shall be held in this action to consider confirmation of the foreclosure sale. At the hearing, the Court may, upon a showing of good cause, also allow reopening of the auction by accepting higher bids, the first of which must be at least one hundred five percent (105%) of the highest bid at the Commissioner’s sale; anyone may reopen the auction by bidding, including all parties to this action and any other interested person, whether or not any such party or interested person had bid, or could have bid, at the Commissioner’s sale. The Commissioner may require that the sale close through an escrow, even if the purchaser does not require one. All costs and expenses of closing, including without limitation, the costs of conveyance, including preparation of the conveyance document, conveyance tax, escrow and recording fees, any proof of title or title insurance, and notary fees, as well as the costs of securing possession of the Mortgaged Property, shall be the responsibility of and paid by the purchaser. Neither the availability of the title insurance nor securing possession of the Mortgaged Property shall be a condition of closing. Defendants WILLS and all parties hereto, and all persons claiming by, through or under said Mortgage Property, except for any governmental authority enforcing a lien for unpaid real property taxes as to the Mortgaged Property, will be perpetually barred of and from any and all right, title and interest in the Mortgaged Property or any part thereof upon closing of the sale herein authorized. Pursuant to Section 501-151 and/or 634-51 of the Hawaii Revised Statutes, as amended, any and all other or further encumbrances or purchasers in respect of the Mortgaged Property or any part thereof, whose interest arises from and after March 29, 2012, will be hereby forever barred of and from any and all right, title and interest in and to the Mortgage Property and every part thereof upon the closing of the sale herein authorized. SALE SHALL NOT BE FINAL UNTIL APPROVED BY AND SUBJECT TO COURT CONFIRMATION. V. COMMISSIONER: John L. Olson, Olson&Sons, Attorneys-At-Law, A Law Corporation, Post Office Box 1688, Kailua Kona, Hawaii 96745-1688; Telephone No. (808) 323-2677 (HTH1409716 3/26, 4/2, 4/9/23)
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