From Hawaii Tribune Herald 4/30/23:
NOTICE OF FORECLOSURE SALE Pursuant to the Findings of Fact, Conclusions of Law and Order Granting Plaintiff’s Motion for Summary Judgment for Foreclosure Against All Defendants and for Interlocutory Decree of Foreclosure filed April 15, 2015 in U.S. Bank National Association vs. James Joseph Franco; Edna Ardales Franco; et al., Civil No. 3CC131000627, Third Circuit Court, State of Hawaii, the following described real property will be sold by the undersigned Commissioner at public auction on the date and at the time set forth below: PROPERTY DESCRIPTION: Fee simple property located at 15-1696 25th Avenue, Hawaiian Paradise Park Subdivision, Keaau, Hawaii. This 1-acre property contains a 3 bedroom/2.5 bathroom residence built in 1993 (Tax Map Key: (3) 1-5-040-259). TERMS OF SALE: The property will be sold “AS IS” to the highest bidder, at public auction, with NO UPSET PRICE. The successful bidder is required to make a down payment to the Commissioner at the close of the auction in an amount of not less than ten percent (10%) of the highest successful bid price, and said payment shall be made in cash, certified check or cashier’s check. The down payment may be subject to forfeiture if the successful bidder fails to pay the remaining balance of the bid, fails to complete the transaction in a timely manner, or as otherwise ordered by the Court. The balance of the purchase price shall be paid in cash, certified check or cashier’s check to the Commissioner upon approval and confirmation of the sale by the Third Circuit Court and upon tender of the document(s) transferring title. The purchaser shall pay closing costs, including but not limited to costs of escrow fees, title insurance premiums, conveyance document preparation fees, accrued and unpaid real property tax, conveyance tax, accrued and unpaid ground rent payments, recordation and costs of securing possession after closing. Neither availability of title insurance nor securing possession of the property shall be a condition of closing. The subject property will be conveyed in fee simple by Commissioner’s Deed pursuant to order of the Third Circuit Court. THIS SALE SHALL NOT BE FINAL UNTIL APPROVED AND CONFIRMED BY THE THIRD CIRCUIT COURT, STATE OF HAWAII. OPEN HOUSES: By Order of the Court, there will be NO OPEN HOUSES. Please DO NOT attempt to enter the property as it is occupied. DATE, TIME AND PLACE OF AUCTION: Tuesday, May 30, 2023,12:00 noon, main entrance to the Hilo Judiciary Building, 777 Kilauea Avenue, Hilo, Hawaii. COMMISSIONER: KRIS A. LaGUIRE, Attorney at Law, 688 Kinoole Street, Suite 204, Hilo, Hawaii 96720. Telephone: (808) 961-1080; Facsimile: (808) 961-1082; E-Mail: kalaguire@aol.com. (HTH1413847 4/30, 5/7, 5/14/23)
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