67-1234 Panalea Street, Kamuela, Hawai`i 96737 - Foreclosure Notice

 

From West Hawaii Today 7/22/22:

Notice #: 0001379676-01
Foreclosures

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NOTICE OF FORECLOSURE SALE. Federal National Mortgage Association v. Victor M. Cox, etc., et al. 3CCV-20-0000433; A 4 br, 2.5 ba, 1,362 sq ft residential property at 67-1234 Panalea Street, Kamuela, Hawai`i 96737. TMK 670031290000. Pursuant to Order of Foreclosure filed July 14, 2022, undersigned Commissioner has been directed to sell the above-described real property by public auction, with NO OPEN HOUSES. AUCTION: Tuesday, August 30, 2022, 12:00 p.m.; flagpole, Hale Halawai Park, Ali`i Drive, Kailua-Kona, Hawai`i. TERMS OF SALE. No upset price. Sold in “AS IS” condition without any representations or warranties as to title or possession to highest bidder at public auction. Not less than ten percent (10%) of highest successful bid price shall be deposited with Commissioner payable in cash or cashier’s check made out to BFL Law at close of the auction. Participants must prove ability to comply prior to auction participation. Plaintiff may satisfy down payment by way of offset against amount owed under Loan documents. Balance of purchase price payable in cash or cashier’s check due upon delivery of title documents or a date as the Court shall order. 10% down payment may be forfeited if successful bidder fails to pay balance of purchase price after Court confirmation of sale. Auction may be reopened, if appropriate, by accepting bids at least 105% of auction price at confirmation hearing. Purchaser shall pay for all possession, eviction, escrow and closing costs, conveyance documents, recording costs, notary, conveyance taxes and fees and costs approved by the Court and shall be responsible for securing possession of the property. Neither availability of title insurance nor securing possession of the property shall be a condition of closing. Commissioner may require escrow with purchaser responsible for escrow costs. Sale subject to Court confirmation. Contact: Commissioner Dawn Henry Laird, BFL Law, 75-127 Lunapule Road, Suite 8B, Kailua-Kona, Hawai’i 96740; (808) 345-7662; dawn@bfl.law. (WHT1379676 7/22, 7/29, 8/5/22)

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16-1561 35th Avenue, Keaau, HI 96749 - Foreclosure Notice

 

From Hawaii Tribune Herald 7/22/22:

Notice #: 0001378837-01
Foreclosures

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NOTICE OF FORECLOSURE SALE COURT ACTION: Reverse Mortgage Funding. Llc, vs. Marshall D. Chinen, Esq. As Personal Representative Of The Estate Of Anita Leilani Lancaster; Secretary Of Housing And Urban Development; State Of Hawaii- Hawaii Health Systems Corporation Dba Hilo Medical Center; Child Support Enforcement Angency – State Of Hawaii; Orchidland Community Association, Inc., et al., Civil No. 3CC181000292, Circuit Court of the Third Circuit, State of Hawaii DESCRIPTION: Lot: 2.002 Acres House: 1,188 square feet house, 3 Bedrooms, 1 full bath and 1 half bath LOCATION: 16-1561 35th Avenue, Keaau, HI 96749 TAX MAP KEY: 3-1-6-010-177-0000 ZONING: A-3a (Agricultural, 3 acre minimum) OPEN HOUSE: Date: Saturday, August 6, 2022 Time: 8:00 a.m. to 10:00 a.m. Date: Sunday, August 7, 2022 Time: 8:00 a.m. to 10:00 a.m. AUCTION DATE: Date: Wednesday August 24, 2022 Time: 12:00 p.m. (Noon) Place: Front Entrance to Hale Kaulike 777 Kilauea Avenue, Hilo, Hawaii TERMS OF SALE: The Property shall be sold at a public or private sale. In the event the Property is sold at public auction, there shall be no upset price at the sale, and the Property shall be sold “as is”, without any representations or warranties as to title or possession. Upon fall of the hammer, the successful bidder shall pay a down payment to the Commissioner, by cash or certified check, in an amount not less than ten percent (10%) of the successful bid price, with the exception of Plaintiff, who may use the amount of its secured indebtedness as the required ten percent (10%) down payment. The balance shall be paid concurrently with delivery of the documents transferring title. At the Court’s discretion, ten percent (10%) of the purchase price may be forfeited as reasonable damages in full or in part if the Purchaser fails to close within the time ordered by the Court. In no event shall reasonable damages be greater than 10% of the purchase price. Plaintiff or its designee, is authorized to be a purchaser at the foreclosure sale, and to credit bid up to the total amount due to Plaintiff without the requirement of any down payment at said sale. If Plaintiff is the highest bidder, payment of the down payment and the balance of the sale price shall be made by offset against the amount owed to Plaintiff under the Loan Documents. The purchaser shall pay closing costs, including but not limited to costs of escrow fees, title insurance premiums, conveyance document preparation fees, prorated real property and conveyance tax, recordation and costs of securing possession after closing. The inability of the purchaser to secure title insurance or financing shall not be a condition of closing. The sale shall not be final until approved by the Circuit Court of the Third Circuit, State of Hawaii. FOR MORE INFORMATION: Dwayne Stephen Lerma, Commissioner P. O. Box 130 Keaau, Hawaii 96749 Telephone No.: (808) 961-4484 (HTH1378837 7/22, 7/29, 8/5/22)

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69-250 Waikoloa Beach Drive, County and State of Hawaii, 96738 - Foreclosure Notice

 

From West Hawaii Today 7/20/22:

Notice #: 0001377755-01
Foreclosures

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NOTICE OF FORECLOSURE SALE Pursuant to the FINDINGS OF FACT; CONCLUSIONS OF LAW; ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, AND INTERLOCUTORY DECREE OF FORECLOSURE AGAINST ALL PARTIES FILED FEBRUARY 11, 2022, filed June 9, 2022 in CIVIL NO. 3CCV-21-0000008, Wells Fargo Bank, National Association, as Trustee, for the Benefit of the Holders of Comm 2014 CCRE21 Mortgage Trust Commercial Mortgage Pass Through Certificates, Plaintiff, vs. KS Owner, LLC, et al., Defendants, in the Circuit Court of the Third Circuit, State of Hawaii, the Commissioner will sell at public action the following: PROPERTY: Fee simple interest in land, additional land, improvements, easements, equipment, fixtures, personal property, lease and rents, condemnation awards, insurance proceeds, tax certiorari, rights, agreements, intellectual property, accounts, UCC property, minerals (to the extent permitted by law), and proceeds and other rights in connection with the foregoing, with respect to the real property located at 69-250 Waikoloa Beach Drive, County and State of Hawaii, 96738, commonly known as the Kings’ Shops shopping mall, all of the foregoing as more specifically described in that certain Mortgage, Assignment of Leases and Rents and Security Agreement recorded in the State of Hawaii Bureau of Conveyances as Doc. No. A-54020028; said property being identified by Tax Map Key No. (3) 6-9-008-005-0000. AUCTION DATE AND TIME: Monday, August 29, 2022 at 12:00 pm on the ewa lanai fronting the entrance of the Circuit Court of the First Circuit, also known as Kaahumanu Hale, 777 Punchbowl Street, Honolulu, Hawaii, 96813. OPEN HOUSES: By appointment only, with the last appointment to view the property no less than fourteen (14) days prior the scheduled auction. TERMS AND METHODS OF SALE: Property to be sold “AS IS” without any representations or warranties as to title or possession, to the highest bidder at public Commissioner’s auction, without an upset price. Prospective bidders, with the exception of the Plaintiff, shall be required to place their down payment of not less than ten percent (10%) of their highest bid amount at least 48 hours prior to the auction into an escrow account at a licensed escrow company in the State of Hawaii. The winning bidder, with the exception of Plaintiff, shall pay over 10% of their winning bid to Commissioner from said escrow account immediately after the auction. Said escrow account(s) shall be established by the Commissioner to manage the sale and ensure prospective bidders may be confident that their escrow account will be confidential, except as to Commissioner. All costs and expenses of closing, including, but not limited to the costs of drafting the conveyance document, conveyance taxes, notary fees, consent fees, escrow and recording fees, any proof of title or title insurance, costs of securing possession of the Property and any orders of this Court, shall be paid by the purchaser(s). Neither the availability of title insurance nor securing possession of the Property shall be a condition of closing. The Property, including any improvements, will be sold subject to various space and retail leases. SALE SUBJECT TO COURT CONFIRMATION. CONTACT FOR MORE INFORMATION: Commissioner Oscar Parra, of Pacific Capital Retail Partners, 100 N. Pacific Coast Highway, Suite 1925, El Segundo, CA 90245, (310) 641-8060, oparra@pacificretail.com. (WHT1377755 7/20, 7/27, 8/3/22)

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92-8927 Tiki Lane, Ocean View, HI. 96737 - Foreclosure Notice

 

From West Hawaii Today 7/19/22:

Notice #: 0001377714-01
Foreclosures

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NOTICE OF FORECLOSURE SALE LOCATION: 92-8927 Tiki Lane, Ocean View, HI. 96737 Tax Map Key: (3)9-2-065-039 DESCRIPTION: Three bedroom, two bath single family home consisting of approximately 1,345 square feet interior built on approximately 1.1-acre lot. LEASEHOLD/FEE: Fee OPEN HOUSES: August 6 and 7, 2022, Noon until 2:00 p.m. AUCTION DATE: August 25, 2022, at 12:00 Noon in front of the flagpole at Hale Halewai, Alii Drive, Kailua-Kona, Hawaii. TERMS OF SALE: Pursuant to the Findings of Fact, Conclusions of Law and Order Granting Plaintiff’s Motion for Summary Judgment Against All Defendants and for Interlocutory Decree of Foreclosure filed May 16, 2022, in Civil No. 3CCV-20-0000115 in the Circuit Court of the Third Circuit, State of Hawaii, the undersigned Commissioner will offer for sale to the highest bidder at a public auction the property described above, pursuant to the following terms and conditions: Property to be sold “AS IS” at public auction, without any representations or warranties whatsoever as to title or possession, to the highest bidder with no upset price. Potential bidders must provide proof of ability to pay 10% prior to participation in bidding at auction. A non-refundable deposit of not less than Ten Percent (10%) of the highest successful bid price shall be deposited with the Commissioner at the close of auction, such payment to be made in cash or by certified or cashier’s check. The down payment may be subject to forfeiture if the high bidder fails to pay the remaining balance of the bid, for failure to complete the transaction in a timely manner, or as otherwise ordered by the Court. The balance of said purchase price shall be paid to the Commissioner upon approval and confirmation of the sale by the Third Circuit Court and tender of the document(s) transferring title, such payment to be in cash or by certified or cashier’s check. All costs and expenses of conveyance, including escrow and recording fees, conveyance tax, securing possession of the subject property, any proof of title or title insurance and notary fees shall be at the expense of the successful purchaser. Real estate brokerage commission will not be paid from sales proceeds. Neither the availability of title insurance nor securing possession of the property shall be a condition of closing. The subject property will be conveyed by Commissioner’s (Quitclaim) Deed pursuant to order of the Third Circuit Court. THE SALE IS SUBJECT TO AND SHALL NOT BE FINAL UNTIL CONFIRMED BY THE THIRD CIRCUIT COURT, STATE OF HAWAII. No representation is made as to the accuracy of figures provided by others. All amounts are approximate and subject to order of the Court. For further information contact: Alan H. Tuhy, Esq., Commissioner, 78-7100 Kamehameha III Rd., Ste. 405, Kailua-Kona, HI. 96740: PH: (808) 329-5678; Fax: (808) 329-5788 or tuhy@kona.net (WHT1377714 7/19, 7/26, 8/2/22)

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68-1376 South Pauoa Road D-22, Kamuela, HI 96743 - AMENDED Foreclosure Notice

 

From West Hawaii Today 7/15/22:

Notice #: 0001378935-01
Foreclosures

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AMENDED NOTICE OF FORECLOSURE AUCTION ACTION: U.S. Bank Trust vs. Herman, et al., Civ # 3CC19100187K (Foreclosure) PROPERTY DESCRIPTION: 68-1376 South Pauoa Road D-22, Kamuela, HI 96743, 3 bedroom(s), 2 bath(s), 1,197 sq. ft. apartment in the Palm Villas At Mauna Lani Resort condominium project , built in 2005. TMK # (3) 6-8-022-018-0018. Note: Property Description may differ from public tax records. OPEN HOUSES: July 9, 2022, 1:30 pm to 3:30 pm; July 16, 2022, 1:30 pm to 3:30 pm. AUCTION DATE: Thursday, August 18, 2022 at 12:00 pm (noon) at the flagpole in front of the Keahuolu Courthouse, 74-5451 Kamakaeha Ave., Kailua-Kona, HI 96740. TERMS OF SALE: NO UPSET PRICE. The property will be sold in “AS IS, WHERE IS CONDITION” to the highest bidder at public auction without an upset price or by private sale. Ten percent (10%) of the highest bid shall be payable in cash, certified check or cashier’s check at the close of the auction. Prior to bidding, any person not authorized to credit bid must provide proof of his or her ability to comply with the ten percent (10%) requirement. The balance of the purchase price shall be paid to the Commissioner after approval and confirmation of the sale by the Court and concurrently with the delivery of the document transferring title to the purchaser which usually occurs within thirty-five (35) days after entry of the order confirming the sale. Purchaser shall pay for all costs, including but not limited to costs of closing, escrow fees, conveyance documents, conveyance taxes and fees, recordation fees and any unpaid regular monthly common assessments assessed, if any. Purchaser shall be responsible for securing possession of the property upon recordation. Sale is subject to all real property taxes. SALE SHALL NOT BE FINAL UNTIL APPROVED BY AND SUBJECT TO COURT CONFIRMATION. For more info, contact: EDWARD J. FETZER, Commissioner, 75-5915 Walua Road, Kailua-Kona, HI 96740, Bus: (808) 557-0883; edwardfetzer@gmail.com (WHT1378935 7/15, 7/22, 7/29/22)

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68-3831 Lua Kula Street, #D-206, Waikoloa, HI 96738 - AMENDED Foreclosure Notice

 

From West Hawaii Today 7/15/22:

Notice #: 0001378934-01
Foreclosures

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AMENDED NOTICE OF FORECLOSURE AUCTION ACTION: Bank of New York Mellon vs. Keawe-Yglesias, et al., Civ # 3CCV-21-0000003 (Foreclosure) PROPERTY DESCRIPTION: 68-3831 Lua Kula Street, #D-206, Waikoloa, HI 96738, 2 bedroom(s), 2 bath(s), 793 sq. ft. apartment in the Fairways Terrace condominium project, built in 1989. TMK # (3) 6-8-003-002-0045. Note: Property Description may differ from public tax records. OPEN HOUSES: August 6, 2022, 1:30 pm to 3:30 pm; August 13, 2022, 1:30 pm to 3:30 pm. AUCTION DATE: Thursday, August 18, 2022 at 12:00 pm (noon) ) at the flagpole in front of the Keahuolu Courthouse, 74-5451 Kamakaeha Ave., Kailua-Kona, HI 96740. TERMS OF SALE: NO UPSET PRICE. The property will be sold in “AS IS, WHERE IS CONDITION” to the highest bidder at public auction without an upset price or by private sale. Ten percent (10%) of the highest bid shall be payable in cash, certified check or cashier’s check at the close of the auction. Prior to bidding, any person not authorized to credit bid must provide proof of his or her ability to comply with the ten percent (10%) requirement. The balance of the purchase price shall be paid to the Commissioner after approval and confirmation of the sale by the Court and concurrently with the delivery of the document transferring title to the purchaser which usually occurs within thirty-five (35) days after entry of the order confirming the sale. Purchaser shall pay for all costs, including but not limited to costs of closing, escrow fees, conveyance documents, conveyance taxes and fees, recordation fees and any unpaid regular monthly common assessments assessed, if any. Purchaser shall be responsible for securing possession of the property upon recordation. Sale is subject to all real property taxes. SALE SHALL NOT BE FINAL UNTIL APPROVED BY AND SUBJECT TO COURT CONFIRMATION. For more info, contact: EDWARD J. FETZER, Commissioner, 75-5915 Walua Road, Kailua-Kona, HI 96740, Bus: (808) 557-0883; edwardfetzer@gmail.com (WHT1378934 7/15, 7/22, 7/29/22)

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94-1498 Hekau Street, Naalehu, Hawaii 96772 - Foreclosure Notice

 

From West Hawaii Today 7/12/22:

Notice #: 0001378401-01
Foreclosures

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NOTICE OF FORECLOSURE SALE ACTION: PNC BANK, NATIONAL ASSOCIATION V. MICHAEL SUSAK ET AL; Civil No. 3CC141000252(Foreclosure), Circuit Court of the Third Circuit. PROPERTY DESCRIPTION: Lot 158 Discovery Harbour, 94-1498 Hekau Street, Naalehu, Hawaii 96772. 3 bedrooms/2 bathrooms residence built in 2006. Square feet: 1,356. TMK No.: (3) 9-4-020-014. OPEN HOUSES: NONE PURSUANT TO COURT ORDER. AUCTION DATE: FRIDAY, AUGUST 19, 2022 at 12:00 noon, at the flagpole at Keahoulu Courthouse, 74-5451 Kamakaeha Avenue, Kailua-Kona, Hawaii 96740. TERMS OF SALE: No upset price. Property is sold in “AS 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. Plaintiff and all parties are hereby authorized to purchase the mortgaged property at the foreclosure sale. 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 authorized to credit bid must show the Commissioner such person’s present ability to make the required down payment immediately upon the close of the bidding. At the Court’s discretion, the 10% down payment may be forfeit in whole or in part if the purchaser fails to pay the balance of the purchase price. Sale subject to court confirmation. All costs and expenses of the closing of the sale, including without limitation, the costs of conveyance, conveyance tax, escrow and recording fees, any proof of title or title insurance, as well as the cost of securing possession of the mortgage property, shall be the responsibility of and paid by the purchaser. Neither the availability of title insurance nor securing possession of the mortgaged property shall be a condition of closing. COMMISSIONER: For further information and fact sheet, please contact R. HERMANN HEIMGARTNER, ATTORNEY AT LAW LLLC, Commissioner; P.O. Box 1839, Kailua-Kona, HI 96745; Telephone 808-756-7022; email: Hermann@Kona.Attorney ALL INFORMATION IN THIS NOTICE SHOULD BE INDEPENDENTLY VERIFIED BY THE PURCHASER BEFORE BIDDING. (WHT1378401 7/12, 7/19, 7/25/22)

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68-1276 Lua Kula Street, #D-206, Waikoloa, HI 96738 - Foreclosure Notice

 

From West Hawaii Today 7/8/2022:

Notice #: 0001378344-01
Foreclosures

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NOTICE OF FORECLOSURE AUCTION ACTION: Bank of New York Mellon vs. Keawe-Yglesias, et al., Civ # 3CCV-21-0000003 (Foreclosure) PROPERTY DESCRIPTION: 68-1276 Lua Kula Street, #D-206, Waikoloa, HI 96738, 2 bedroom(s), 2 bath(s), 793 sq. ft. apartment in the Fairways Terrace condominium project , built in 1989. TMK # (3) 6-8-003-002-0045. Note: Property Description may differ from public tax records. OPEN HOUSES: July 30, 2022, 1:30 pm to 3:30 pm; August 6, 2022, 1:30 pm to 3:30 pm. AUCTION DATE: Tuesday, August 9, 2022 at 12:00 pm (noon) at the flagpole in front of the Keahuolu Courthouse, 74-5451 Kamakaeha Ave., Kailua-Kona, HI 96740. TERMS OF SALE: NO UPSET PRICE. The property will be sold in “AS IS, WHERE IS CONDITION” to the highest bidder at public auction without an upset price or by private sale. Ten percent (10%) of the highest bid shall be payable in cash, certified check or cashier’s check at the close of the auction. Prior to bidding, any person not authorized to credit bid must provide proof of his or her ability to comply with the ten percent (10%) requirement. The balance of the purchase price shall be paid to the Commissioner after approval and confirmation of the sale by the Court and concurrently with the delivery of the document transferring title to the purchaser which usually occurs within thirty-five (35) days after entry of the order confirming the sale. Purchaser shall pay for all costs, including but not limited to costs of closing, escrow fees, conveyance documents, conveyance taxes and fees, recordation fees and any unpaid regular monthly common assessments assessed, if any. Purchaser shall be responsible for securing possession of the property upon recordation. Sale is subject to all real property taxes. SALE SHALL NOT BE FINAL UNTIL APPROVED BY AND SUBJECT TO COURT CONFIRMATION. For more info, contact: EDWARD J. FETZER, Commissioner, 75-5915 Walua Road, Kailua-Kona, HI 96740, Bus: (808) 557-0883; edwardfetzer@gmail.com (WHT1378344 7/8, 7/15, 7/22/22)

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68-1276 South Pauoa Road D-22, Kamuela, HI 96743 - Foreclosure Notice

 

From West Hawaii Today 7/8/22:

Notice #: 0001378340-01
Foreclosures

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NOTICE OF FORECLOSURE AUCTION ACTION: U.S. Bank Trust vs. Herman, et al., Civ # 3CC19100187K (Foreclosure) PROPERTY DESCRIPTION: 68-1276 South Pauoa Road D-22, Kamuela, HI 96743, 3 bedroom(s), 2 bath(s), 1,197 sq. ft. apartment in the Palm Villas At Mauna Lani Resort condominium project , built in 2005. TMK # (3) 6-8-018-0018. Note: Property Description may differ from public tax records. OPEN HOUSES: July 9, 2022, 1:30 pm to 3:30 pm; July 16, 2022, 1:30 pm to 3:30 pm. AUCTION DATE: Tuesday, August 9, 2022 at 12:00 pm (noon) at the flagpole in front of the Keahuolu Courthouse, 74-5451 Kamakaeha Ave., Kailua-Kona, HI 96740. TERMS OF SALE: NO UPSET PRICE. The property will be sold in “AS IS, WHERE IS CONDITION” to the highest bidder at public auction without an upset price or by private sale. Ten percent (10%) of the highest bid shall be payable in cash, certified check or cashier’s check at the close of the auction. Prior to bidding, any person not authorized to credit bid must provide proof of his or her ability to comply with the ten percent (10%) requirement. The balance of the purchase price shall be paid to the Commissioner after approval and confirmation of the sale by the Court and concurrently with the delivery of the document transferring title to the purchaser which usually occurs within thirty-five (35) days after entry of the order confirming the sale. Purchaser shall pay for all costs, including but not limited to costs of closing, escrow fees, conveyance documents, conveyance taxes and fees, recordation fees and any unpaid regular monthly common assessments assessed, if any. Purchaser shall be responsible for securing possession of the property upon recordation. Sale is subject to all real property taxes. SALE SHALL NOT BE FINAL UNTIL APPROVED BY AND SUBJECT TO COURT CONFIRMATION. For more info, contact: EDWARD J. FETZER, Commissioner, 75-5915 Walua Road, Kailua-Kona, HI 96740, Bus: (808) 557-0883; edwardfetzer@gmail.com (WHT1378340 7/8, 7/15, 7/22/22)

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14-3551 Oahu Road, Pahoa, Hawaii 96778 - Foreclosure Notice

 

From Hawaii Tribune Herald 7-3-22:

Notice #: 0001377720-01
Foreclosures

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NOTICE OF FORECLOSURE SALE COURT ACTION: FIRST HAWAIIAN BANK v. GAIL GILLS GOUVEIA also known as GAIL GILLIS GOUVEIA, et al., Civil No. 19-1-0281, Third Circuit Court, State of Hawaii. The undersigned Commissioner will sell at public auction the following described property on the date and time set forth below. PROPERTY DESCRIPTION: All of that certain parcel of land situate at Puna, Island and County of Hawaii, State of Hawaii, being Lot 398 of the “NANAWALE ESTATES SUBDIVISION-UNIT 2”, as shown on File Plan Number 780, filed in the Bureau of Conveyances of the State of Hawaii, and containing an area of 8,040 square feet, more or less. Fee Simple. See Commissioner for full legal description. LOCATION: 14-3551 Oahu Road, Pahoa, Hawaii 96778; TMK: (3) 1-4-064-100. IMPROVEMENTS: A one story wood frame home consisting of 3 bedrooms, 2 baths built in 2008 and having a living area of approximately 996 square feet. OPEN HOUSE: Saturday, July 9, 2022; 10:00 a.m. to 12:00 Noon; Sunday, July 10, 2022; 10:00 a.m. to 12:00 Noon. DATE AND TIME OF AUCTION: Tuesday, August 2, 2022 at 12:00 Noon. PLACE OF AUCTION: Entrance (flagpole) area of Hale Kaulike (State Judiciary Building), 777 Kilauea Avenue, Hilo, Hawaii. TERMS OF SALE: No upset price. The property will be sold “AS IS” to the highest bidder at public auction. SALE IS NOT FINAL UNTIL APPROVED AND CONFIRMED BY THE COURT. The highest bidder is required to make a down payment in cash, by certified or cashier’s check at the time of auction in the amount of TEN PERCENT (10%) of the highest bid price. 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 price shall be paid in cash, certified or cashier’s check to the Commissioner upon approval and confirmation of the sale by the Court and tender of the document transferring title. Costs of conveyance, including the conveyance tax, the costs of any escrow, title insurance, securing possession of the subject property and recording of such conveyance, shall be at the expense of such successful purchaser. Neither the availability of title insurance nor securing possession of the subject property shall be a condition of closing. ADDITIONAL INFORMATION: Contact Paul K. Hamano, Attorney at Law, Commissioner, P. O. Box 574, Hilo, Hawaii, 96721. Telephone (808) 935-3336. (HTH1377720 7/3, 7/10, 7/17/22)

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14-3303 Duff Lane, Pahoa, Hawaii, 96778 - Foreclosure Notice

 

From Hawaii Tribune Herald 7-3-22:

Notice #: 0001376221-01
Foreclosures

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NOTICE OF FORECLOSURE SALE COURT ACTION: Pursuant to the Findings of Fact, Conclusions of Law And Order Granting Plaintiff’s Motion for Summary Judgment As To All Claims And All Parties, Interlocutory Decree of Foreclosure And Order Of Sale filed May 24, 2022; in First Hawaiian Bank vs. Jerel I. Yamamoto, as Special Administrator of the Estate of Roberta A. McGill, et al., Civil No. 3CCV-20-0000150, Circuit Court of the Third Circuit, State of Hawaii, the Commissioner will sell the property at public foreclosure sale at the date and time set forth below. PROPERTY DESCRIPTION: All of that certain parcel of land situated at Nanawale Estates Subdivision, Unit I, Puna, County of Hawaii, State of Hawaii, being Lot 119, area 8,562 square feet, more or less, as shown on file plan number 700 filed in the official records with TMK: (3) 1-4-055-045. Dwelling 4 rooms, 1 full bath. TERMS OF SALE: The property shall be sold “AS IS” at a public auction with NO UPSET PRICE, sale price could be less than the total encumbrances, and with ten percent (10%) of the highest bid payable in cash or cashier’s check at the end of the auction. 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 is payable upon delivery of documents transferring title. Buyer shall pay all costs of escrow, conveyance, recordation, conveyance tax and shall be responsible for securing possession. Buyer shall be responsible for outstanding real property taxes, and such taxes are not included in the bid amount. Sale is subject to further bidding at Confirmation Hearing. SALE SHALL NOT BE FINAL UNTIL APPROVED AND CONFIRMED BY THE COURT. LOCATION: The property is located at 14-3303 Duff Lane, Nanawale Subdivision, Pahoa, Hawaii, 96778. OPEN HOUSE: July 30, 2022 8:00 a.m. 10:00 a.m. July 31, 2022 8:00 a.m. 10:00 a.m. SALE DATE: The property will be auctioned for sale on August 10, 2022, beginning at 12:00 noon, on the front entrance of Hale Kaulike (State Judiciary Building) 777 Kilauea Avenue, Hilo, Hawaii. FURTHER INFORMATION: For further details about the sale, contact Nelson H. Kinoshita, Commissioner, 22 Lei Street, Hilo, Hawaii 96720. Telephone 935-5454. (HTH1376221 7/3, 7/10, 7/17/22)

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44-3022 Ho’o Kahua Road Honokaa, Hawaii, 96727 - Foreclosure Notice

 

From Hawaii Tribune Herald 7/1/22:

Notice #: 0001377327-01
Foreclosures

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NOTICE OF FORECLOSURE SALE 44-3022 Ho’o Kahua Road Honokaa, Hawaii, 96727 Pursuant to the Findings of Fact and Conclusions of Law; Order Granting Plaintiff’s Motion for Summary Judgment and for Interlocutory Decree of Foreclosure filed April 22, 2022; Exhibit A, filed June 21, 2022 in The Bank of New York v. Reinhard A. Fritsch et al., Civil No. 3CC191000043, Third Circuit Court, State of Hawai’i, the following described property will be sold by the undersigned Commissioner at public auction on the date and at the time set forth below: PROPERTY DESCRIPTION: This is a 1,439 square feet, 3 bedrooms, 2 full bathrooms, single family, double-wall wood construction house with a corrugated iron roof that was built in 2004, on a 5.041 acres and identified as Tax Map Key (3) 4-4-011-091. TERMS OF SALE: No upset price. The property will be sold “AS IS” to the highest bidder at public auction. SALE IS NOT FINAL UNTIL APPROVED AND CONFIRMED BY THE COURT. The successful bidder is required to make a down payment in cash, money order, or by certified check or cashier’s check at the time of auction in the amount not less than TEN PERCENT (10%) of the highest successful bid price. The down payment may be subject to forfeiture if the successful bidder fails to pay the remaining balance of the bid price, fails to complete the transaction in a timely manner, or as otherwise ordered by the Court. The balance of the price shall be paid in cash, money order, certified check, or cashier’s check to the Commissioner upon approval and confirmation of the foreclosure sale by the Court and tender of the document transferring title. All costs of closing, including without limitation, the costs of conveyance, preparation of the conveyance document, conveyance tax, escrow fees, any proof of title or title insurance, notary fees, securing possession of the subject property and recording of such conveyance, shall be at the expense of such successful purchaser. OPEN HOUSES: July 3, 2022 from 10:00 a.m. to 12:00 p.m. and July 10, 2022 from 10:00 a.m. to 12:00 a.m. DIRECTIONS TO THE PROPERTY: From Hilo travel on Hawaii Belt Road, Highway 19, 36.8 miles towards Honoka’a. Turn left on Kalopa Road. Turn left on Apelahama Road. Pass Ka’apahu Hmst Road. Continue onto Ho’o Kahua Road. The property is on the right (there’s a sign with the address at the entrance of the driveway). DATE, TIME, AND PLACE OF AUCTION: August 3, 2022, 12:00 noon, entrance area of Hale Kaulike (State Judiciary Building), 777 Kilauea Avenue, Hilo Hawai’i. COMMISSIONER: LOUIS P. MENDONCA, P.O. Box 22, Hilo, Hawai’i 96721. Telephone: (808) 961-6690; email: louismendonca@gmail.com. (HTH1377327 7/1, 7/8, 7/15/22)

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87-372 Kaohe Mauka Place, Captain Cook, HI, 96704 - Foreclosure Notice

 

From West Hawaii Today 6/29/22:

Notice #: 0001377370-01
Foreclosures

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NOTICE OF FORECLOSURE SALE 87-372 Kaohe Mauka Place, Captain Cook, HI 96704 In Civ. No. 3CCV-20-0000480, Deutsch Bank, et. al. v. Yun Ru, et. al., the Third Circuit Court appointed John Knoebber as Commissioner to sell this property at public auction. PROPERTY DESCRIPTION: 87-372 Kaohe Mauka Place, Captain Cook, HI, 96704, TMK No.: (3) 8-7-008-054-0000; living area 2,136 sq.ft; 3BD/2.5BA. Built in 2002. Land area 5.194 acres. County assessed total taxable value $738,000. Currently occupied. Amount owed as of 8/10/21 is $861,202.99 plus late fees/interest of $87.15 per day. OPEN HOUSES: None per court order. AUCTION DATE: August 29, 2022 (Monday) at 8:30 am at the flagpole at the Kona courthouse, 74-5451 Kamakaeha Ave., Kailua-Kona, HI. TERMS OF SALE: No upset price. Property sold subject to all encumbrances of record and in “as is” condition at public auction. Bidders responsible for own due diligence. Prior to participation in the auction, bidders must provide proof of funds of 10% of their max bid payable in cash, money order, certified or cashier’s check, made payable to “John Knoebber.” No exceptions. 10% downpayment due at close of auction. Balance to be paid upon delivery of title. Plaintiff/Bank may credit bid. Buyer shall pay all costs of closing including escrow, conveyance and recordation fees, conveyance taxes and is responsible for securing possession of the property upon recordation. SALE SUBJECT TO COURT CONFIRMATION. COMMISSIONER: For more info. please contact John Knoebber, Attorney at Law, P.O. Box 390466, Keauhou, HI 96739. Tel. No. (808) 895-6172. Email: bigislandattorney@gmail.com ALL INFORMATION IN THIS NOTICE SHOULD BE INDEPENDENTLY VERIFIED BY THE PURCHASER BEFORE BIDDING. (WHT1377370 6/29, 7/6, 7/13/22)

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76-6268 Alii Drive Kailua-Kona, Hawaii 96740 - Foreclosure Notice

 

From West Hawaii Today 6/27/22:

Notice #: 0001376821-01
Foreclosures

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NOTICE OF FORECLOSURE SALE BY AUCTION Pursuant to the Findings of Fact, Conclusions of Law and Order Granting Plaintiff’s Motion for Summary Judgment Against All Defendants and for Interlocutory Decree of Foreclosure; Exhibit “A” filed on May 5, 2022 in Civil No. 3CC19100170K, Third Circuit Court in the State of Hawaii, the undersigned Commissioner has been directed to sell the following described property at public auction. DESCRIPTION: Fee Simple Banyan Tree Condo, Apt. 300A Located at 76-6268 Alii Drive Kailua-Kona, Hawaii 96740 TMK: (3) 7-6-014-014-0007 OPEN HOUSES: July 9, 2022; 10:00 a.m. noon July 16, 2022; 10:00 a.m. – noon Park in gravel lot or street. Call 808-987-5830 for elevator code. AUCTION: July 26, 2022, 12:00 p.m. noon at the flagpole at the new court house in Kona (Keahuolu Courthouse), located at 74-5451 Kamakaeha Avenue, Kailua-Kona, Hawaii. TERMS OF SALE: Property to be sold “AS IS” condition, without any representations or warranties whatsoever as to title or possession, without an upset price, in accordance with this order. Plaintiff and all parties are hereby authorized to purchase the mortgaged property at the foreclosure sale. 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 (“credit bid”). 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 immediately upon the close of the bidding. At the Court’s discretion, the 10% down payment may be forfeited in whole or in part if the purchaser shall fail to pay the balance of the purchase price as hereinafter set forth. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of the sale. All costs and expenses of the closing of the sale, including without limitation, the costs of escrow fees, title insurance premiums, conveyance document preparation fees, prorated real property and conveyance tax, recordation and costs of securing possession after closing shall be the responsibility of and paid by the purchaser. Neither the availability of title insurance nor securing possession of the mortgaged property shall be a condition of closing. Bidders must conduct their own investigation as to any encumbrances that may affect this property. Bidders shall be responsible for their own due diligence as to title and all other issues for this property. SALE IS SUBJECT TO COURT CONFIRMATION. For further details and legal description contact: SHAWN MAILE NAKOA, ESQ. Rush Moore LLP A Limited Liability Law Partnership 75-167 Kalani Street, Suite 105 Kailua-Kona, Hawaii 96740 Telephone No.: (808) 324-7575 Commissioner (WHT1376821 6/27, 7/4, 7/11/22)

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68-3577 Awamoa Place, Waikoloa, Hawaii 96738 - Foreclosure Notice

 

From West Hawaii Today 6/26/22:

Notice #: 0001374148-01
Foreclosures

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NOTICE OF FORECLOSURE SALE By order of the Circuit Court of the Third Circuit in Civil 3CCV-19-0000048, the below Commissioner has been appointed to sell the named property at public auction. TMK No. (3) 6-8-026-092, a property located at: 68-3577 Awamoa Place, Waikoloa, Hawaii 96738. No Open Houses will be held. AUCTION will be held: AUGUST 1, 2022 AT 1:00 PM . Auction will be held at Keahoulu Courthouse, 74-5451 Kamakaeha Ave, Kailua Kona HI 96740 at “Ho’o Pohaku” sculpture near the northwest corner of the building. TERMS: No upset price. Property is to be sold in its “as 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. The successful bidder at Sale shall make a down payment to Commissioner of no less than ten percent (10%) of the highest successful bid price. Payment 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 (“credit bid”). Prior to bidding, any person not previously authorized to credit bid must show the Commissioner such person’s present ability to make the required down payment immediately upon the close of bidding at Sale. At the Court’s discretion, the 10% down payment bay be forfeited in whole or in part if the purchaser shall fail to pay the balance of the purchase price as required and set forth below. The Court may, for good cause, allow further bidding. In the event that such bidding is allowed, the first post auction bid must be at least one hundred five percent (105%) of the highest bid at Sale. The Court shall determine the amount of fees of the Commissioner. All costs and expenses of the closing of the Sale, 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 property, shall be the responsibility of and paid by the purchaser. Neither the availability of title insurance nor securing possession of the property shall be a condition of closing. Sale subject to Court confirmation. DISCLOSURE: Content of this Notice has been obtained from sources believe by Commissioner to be reliable but may not necessarily be accurate or complete. It is the sole responsibility of all bidders to verify the information contained herein. COMMISSIONER: Eli N. Bowman, Schlueter, Kwiat&Kennedy LLLP, Atrium Court, 75-167 Kalani Street, Suite 201, Hawaii 96740. Tel. No. (808) 987-7275, Email: eli@kona-lawyer.com (WHT1374148 6/26, 7/3, 7/10/22)

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68-3907 Paniolo Avenue #1305, Waikoloa, Hawaii 96738 - Foreclosure Notice

 

From West Hawaii Today 6/26/22:

Notice #: 0001374685-01
Foreclosures

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NOTICE OF FORECLOSURE SALE By order of the Circuit Court of the Third Circuit in Civil 3CC19100002K, the below Commissioner has been appointed to sell the named property at public auction. TMK No. (3) 6-8-003-006-0077, a property located at: 68-3907 Paniolo Avenue #1305, Waikoloa, Hawaii 96738. NO OPEN HOUSES; AUCTION will be held: AUGUST 1, 2022 at 12:00 PM. Auction will be held Keahoulu Courthouse, 74-5451 Kamakaeha Ave, Kailua Kona HI 96740 at “Ho’o Pohaku” sculpture near the northwest corner of the building. TERMS: No upset price. Property is to be sold in its “as 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. The successful bidder at Sale shall make a down payment to Commissioner of no less than ten percent (10%) of the highest successful bid price. Payment 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 (“credit bid”). Prior to bidding, any person not previously authorized to credit bid must show the Commissioner such person’s present ability to make the required down payment immediately upon the close of bidding at Sale. At the Court’s discretion, the 10% down payment bay be forfeited in whole or in part if the purchaser shall fail to pay the balance of the purchase price as required and set forth below. The Court may, for good cause, allow further bidding. In the event that such bidding is allowed, the first post auction bid must be at least one hundred five percent (105%) of the highest bid at Sale. The Court shall determine the amount of fees of the Commissioner. All costs and expenses of the closing of the Sale, 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 property, shall be the responsibility of and paid by the purchaser. Neither the availability of title insurance nor securing possession of the property shall be a condition of closing. Sale subject to Court confirmation. DISCLOSURE: Content of this Notice has been obtained from sources believe by Commissioner to be reliable but may not necessarily be accurate or complete. It is the sole responsibility of all bidders to verify the information contained herein. COMMISSIONER: Eli N. Bowman, Schlueter, Kwiat&Kennedy LLLP, Atrium Court, 75-167 Kalani Street, Suite 201, Hawaii 96740. Tel. No. (808) 987- 7275, Email: eli@kona-lawyer.com (WHT1374685 6/26, 7/3, 7/10/22)

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74-4987 Palani Road, Kailua-Kona, HI 96740 - Foreclosure Notice

 

From West Hawaii Today 06/22/22:

Notice #: 0001376145-01
Foreclosures

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AMENDED NOTICE OF FORECLOSURE SALE A 1,790 sq. ft. single family home in the District of North Kona, Island and County of Hawaii, State of Hawaii; TMK (3)7-4-004-072-0000. The property is located at 74-4987 Palani Road, Kailua-Kona, HI 96740 on a 10,517 sq. ft lot. Fee Simple. Notice is hereby given that pursuant to the Order Granting Plaintiff’s Motion For Default Judgment filed on October 29, 2020 in the Circuit Court of the Third Circuit, State of Hawaii, in CIVIL NO. 19-1-160K, the undersigned Commissioner has been appointed to sell the above described property at a public auction as follows: Open House: Sunday, June 5, 2022 (open house held) 12:00 p.m. – 2:00 p.m. Sunday, July 17, 2022 (Masks required for entry) 12:00 p.m. – 2:00 p.m. Auction: Friday, July 22, 2022 12:15 p.m. at the flagpole fronting Keahuolu Courthouse at 74-5451 Kamakeha Ave., Kailua-Kona TERMS OF SALE: No upset price; property sold in “AS IS” condition at public auction; TEN PERCENT (10%) of the highest bid payable in cash or cashier’s check at the close of the auction; balance of the purchase price payable in cash or cashier’s check upon delivery of title or a date as the court shall order; purchaser shall pay for all escrow and closing costs, conveyance documents, recording costs, conveyance taxes and shall be responsible for securing possession of the mortgaged property. The Commissioner or purchaser may require the use of an escrow, however, said purchaser will be responsible for escrow costs, if any. The sale shall not be final until approved and confirmed by the presiding Judge of the Third Circuit, State of Hawaii. SALE SUBJECT TO COURT CONFIRMATION. For further information contact JAMES BIVEN, Commissioner, 84-4799 Mamalahoa Hwy., Captain Cook, Hawaii 96704; (808) 987-3006, jbivenlaw@gmail.com. Please email, text or leave a voice message re contact information and I will email the fact sheet. (WHT1376145 6/22, 6/29, 7/6/22)

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75-5306A Mamalahoa Highway, Holualoa, HI 96725 - Foreclosure notice

 

From West Hawaii Today 6/21/22:

Notice #: 0001375891-01
Foreclosures

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NOTICE OF FORECLOSURE SALE 75-5306A Mamalahoa Highway, Holualoa, HI 96725 TMK # (3) 7-5-002-006-0002 A three bedroom, one and one half bath fee simple condominium, being Apartment No. B of the CondominiumProject known as “KEOPU KAI,” as established by Declaration of Condominium Property Regime dated December 7, 1994, recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 95-004678, as shown on the Condominium Map No. 2182 and any amendments thereto. Notice is hereby given that pursuant to the Findings Of Fact, Conclusions Of Law And Order Granting Plaintiff’s Motion For Summary And/Or Default Judgment Against All Defendants And For Interlocutory Decree Of Foreclosure; Exhibit “A” filed November 26, 2021, in U.S. Bank National Association As Legal title Trustee For Truman 2016 SC6 Title Trust v. Robin C. Barrett, et al.; Civil No. 3CC110104K (Foreclosure), in the Circuit Court of the Third Circuit, State of Hawaii, the undersigned Commissioner has been appointed to sell the above described property at public auction as follows: OPEN HOUSES: Wednesday, June 29, 2022 10:30 a.m. to 1:30 p.m. Tuesday, July 5, 2022 12:30 p.m. to 3:00 p.m. AUCTION: Wednesday, August 17, 2022 at 12:00 p.m. At the flag pole located at the Keahuolu Courthouse 74-5451 Kamakaeha Avenue, Kailua-Kona, Hawaii TERMS OF SALE: Property is to be sold “AS IS” to the highest bidder with no upset price. The successful bidder at the sale shall make a down payment to the Commissioner in the 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 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. 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. SALE IS SUBJECT TO COURT CONFIRMATION. For further legal description and information contact CAROL S. KITAOKA, Commissioner, P. O. Box 2107, Kealakekua, HI, 96750; Phone: (808) 895-7492, csk96750@yahoo.com. (WHT1375891 6/21, 6/28, 7/5/22)

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13-1342 Malama Street, Pahoa Hawaii, 96778 - Foreclosure Notice

 

From Hawaii Tribune Herald 6/20/2022:

Notice #: 0001375489-01
Foreclosures

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NOTICE OF FORECLOSURE SALE

Pursuant to Plaintiff’s FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT FILED HEREIN ON May 5, 2022, in the case entitled FEDERAL HOME LOAN MORTGAGE CORPORATION, AS TRUSTEE FOR THE BENEFIT OF THE SEASONED CREDIT RISK TRANSFER TRUST, SERIES 2018-2 vs. PAUL H. CAMPBELL; HAWAII COUNTY EMPLOYEES FEDERAL CREDIT UNION; LEILANI COMMUNITY et al., Civil No. 3CC191000032, in the Circuit Court of the Third Circuit, State of Hawaii, the Court-appointed Commissioner will sell the following described property at public foreclosure sale at the date and time set forth below: Property Description: Property located at 13-1342 Malama Street, Pahoa Hawaii, 96778, Tax Map Key Number 3-1-3-011-051-0000. Property includes a lot with a house built in 1995 with 1 bedroom and 1 bathroom. House is 1,110 sq. ft. and is on a one-acre (43,560 sq. ft.) lot. A carport and shed are separate from the home. This is a brief summary of facts collected by the Commissioner from various sources. Any buyer is solely responsible for verifying all information through their own sources prior to bidding. Open Houses: Saturday, July 16, 2022 10:00 a.m. to 1:00 p.m. Sunday, July 24, 2022 10:00 a.m. to 1:00 p.m. DATE AND LOCATION OF SALE: The property (house and lot) shall be sold on Wednesday, July 27, 2022 at 12:00 noon at or near the flagpole and front entrance to the Hale Kaulike (new State Court Building), 777 Kilauea Avenue, Hilo, Hawaii. TERMS OF SALE: There shall be no upset price. The property shall be sold “as is”, “where is” condition without warranties of any nature, express or implied, to the highest bidder. Plaintiff, and all parties are authorized to purchase the property at the foreclosure sale. 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 at the fall of the hammer in cash or certified cashier’s check, the balance of the purchase price to be paid concurrently with the conveyance of the Property to the purchaser. Plaintiffs are authorized to be a purchaser at said sale and the amount determined by this Court to be due and owing to Plaintiffs under the mortgage note at issue may be credited against the total bid price which Plaintiffs shall make at said sale. If Plaintiffs are the successful bidder at said sale, the ten percent (10%) down payment will not be required of Plaintiffs up to the amount of its secured indebtedness. 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 as the commissioner may determine. 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. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of the sale. All costs and expenses of closing, including without limitation, the costs of conveyance, 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 Property, shall be the responsibility of and paid by the purchaser. Neither the availability of title insurance nor securing possession of the Property shall be a condition of closing. The sale shall not be final until approved and confirmed by the Court. COMMISSIONER: For fact sheet or other information, contact: PHILLIP L. CAREY, 688 Kinoole Street, Suite 105, Hilo, HI 96720. Tel # (808) 934-9711. careylaw@hawaii.rr.com. (HTH1375489 6/20, 6/27, 7/4/22)

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