(3) 6-8-002-053 - vacant lot - Foreclosure Notice

 From West Hawaii Today 10/30/22:

Notice #: 0001390834-01
Foreclosures

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NOTICE OF FORECLOSURE SALE By order of the Circuit Court of the Third Circuit in Civil 15-1-164K, the below Commissioner has been appointed to sell the named property at public auction. TMK No. (3) 6-8-002-053: OPEN HOUSES: This property is a vacant lot. Open houses/viewing of this property have been conducted. If one is interested in an additional viewing of the property, please contact commissioner and accommodations can be made. AUCTION: November 28, 2022 at 1:30 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: Andrew M. Kennedy, Schlueter, Kwiat&Kennedy LLLP, Atrium Court, 75-167 Kalani Street, Suite 201, Hawaii 96740. Tel. No. (808) 987-7275, Email: andrew@kona-lawyer.com (WHT1390834 10/30, 11/6, 11/13/22)

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(3) 6-8-002-021 - vacant lot - Foreclosure Notice

 From West Hawaii Today 10/30/22:

Notice #: 0001390833-01
Foreclosures

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NOTICE OF FORECLOSURE SALE By order of the Circuit Court of the Third Circuit in Civil 16-1-043K, the below Commissioner has been appointed to sell the named property at public auction, specifically real property situated at TMK: (3) 6-8-002-021: OPEN HOUSES: This property is a vacant lot. Open houses/viewing of this property have been conducted. If one is interested in an additional viewing of the property, please contact commissioner and accommodations can be made. AUCTION: November 28, 2022 at 12:45 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: Andrew M. Kennedy, Schlueter, Kwiat&Kennedy LLLP, Atrium Court, 75-167 Kalani Street, Suite 201, Hawaii 96740. Tel. No. (808) 987-7275, Email: andrew@kona-lawyer.com (WHT1390833 10/30, 11/6, 11/13/22)

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83-1008 Kahauloa Place, Captain Cook, HI 96704 - Foreclosure Notice

 From West Hawaii Today 10/30/2022:

Notice #: 0001390467-01
Foreclosures

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NOTICE OF FORECLOSURE SALE By order of the Circuit Court of the Third Circuit in Civil 3CC18100234K, the below Commissioner has been appointed to sell the named property at public auction. TMK No. (3) 8-3-016-046-0000, a property located at: 83-1008 Kahauloa Place, Captain Cook, HI 96704. NO OPEN HOUSES. AUCTION will be held: Monday, November 28, 2022, 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: Andrew M. Kennedy, Schlueter, Kwiat&Kennedy LLLP, Atrium Court, 75-167 Kalani Street, Suite 201, Hawaii 96740. Tel. No. (808) 987- 7275, Email: andrew@kona-lawyer.com (WHT1390467 10/30, 11/6, 11/13/22)

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68-3690 Kimo Nui St., Waikaloa, HI 96738 - Postponed Foreclosure Sale Notice

From West Hawaii Today 10/30/2022:

Notice #: 0001390466-01
Foreclosures

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NEW PUBLIC NOTICE OF POSTPONED FORECLOSURE SALE By order of the Circuit Court of the Third Circuit in Civil Civil No. 18-1-047K (Foreclosure), the below Commissioner has been appointed to sell the named property at public auction. TMK No. 3-6-8-023-017-0000, a property located at: 68-3690 Kimo Nui St., Waikaloa, HI 96738. No open houses will be held. RESCHEDULED AUCTION will be held: Monday, November 14, 2022 at 12:30 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 ten percent (110%) 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: Andrew M. Kennedy, Schlueter, Kwiat&Kennedy LLLP, Atrium Court, 75-167 Kalani Street, Suite 201, Hawaii 96740. Tel. No. (808) 987-7275, Email: andrew@kona-lawyer.com (WHT1390466 10/30/22)

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65-1602 Kawaihae Road, Kamuela, HI 96743 - Postponed Foreclosure Sale Notice

 From West Hawaii Today 10/30/22:

Notice #: 0001390462-01
Foreclosures

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NEW PUBLIC NOTICE OF POSTPONED FORECLOSURE SALE By order of the Circuit Court of the Third Circuit in Civil Civil No. 19-1-102K (Foreclosure), the below Commissioner has been appointed to sell the named property at public auction. TMK No. (3) 6-5-001-053-0000, a property located at: 65-1602 Kawaihae Road, Kamuela, HI 96743. OPEN HOUSES: completed. RESCHEDULED AUCTION will be held: Monday, NOVEMBER 14, 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: Andrew M. Kennedy, Schlueter, Kwiat&Kennedy LLLP, Atrium Court, 75-167 Kalani Street, Suite 201, Hawaii 96740. Tel. No. (808) 987-7275, Email: andrew@kona-lawyer.com (WHT1390462 10/30/22)

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75-300 Hoene Street, Kailua-Kona, HI 96740 - Foreclosure Notice

 From West Hawaii Today 10/28/22:

Notice #: 0001392164-01
Foreclosures

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NOTICE OF FORECLOSURE SALE FEE SIMPLE HOUSE&LOT Kailua-View Estates 75-300 Hoene Street, Kailua-Kona, HI 96740 By order of the Third Circuit Court in Civ. No. 3CC16100400K, the undersigned Commissioner has been appointed to sell the named property at public auction. PROPERTY DESCRIPTION: Fee-simple home with five-bedrooms, 2 full baths, 2 half-baths, and 2,408 sf living area on a 15,571-sf lot (0.35765 acre); built in 1979; pool added in 1982. TMK 3-7-5-032-010-0000. 2022 County-assessed taxable value: $751,900 (land: $267,100; building: $484,900). For full legal description see the original Declaration of 5/29/1979 filed in Land Court as Doc No 941548, Recorded at Liber 13721, page 162; Declaration was amended 2/19/1980 in Land Court as Doc No 1001481, recorded in Liber 14572, at page 625. See Map 2 filed in the Land Court with Land Court Application No. 1874. See also the Transfer Certificate of Title No. 1,122,095 of July 25, 2016, filed as Land Court Doc No. T-9730026. This is an action to foreclose assigned mortgage, with interest and late charges accruing at 3.75% or $54.61/day after 5/14/2022, for a total of $895,196.41. OPEN HOUSES: Saturday, November 5, 2022, 10 a.m. to 12 noon, and Saturday, November 12, 2022, 10 a.m. to 12 noon. AUCTION DATE: Friday, November 25, 2022, at 12 o’clock Noon. AUCTION LOCATION: At the flagpole of the Keahuolu Courthouse 74-5451 Kamakaeha Av, Kailua-Kona. TERMS OF SALE: NO UPSET PRICE. Property to be sold “as is” at public auction (or private sale) without any representations or warranties as to title or possession. Ten percent (10%) of the bid price in cash or certified check shall be paid at the close of auction, balance payable upon delivery of title after approval and confirmation by the Third Circuit Court, and is subject to forfeiture in whole or in part for failure to close. Bidders must show commissioner their ability to make the required down payment prior to bidding, except mortgage holder may credit bid. If the Court decides to reopen bidding at the confirmation hearing, the first bid must be at least 5% more than the high bid at auction. Buyer(s) responsible for all costs of closing including escrow and recording fees, preparation of conveyancing documents, taxes, notary fees, insurance, costs of securing possession and fees and costs approved by the Court. Sale subject to Court Confirmation. Buyer’s inability to secure insurance or financing will not affect the sale or escrow deadlines. FOR FURTHER INFORMATION: Contact FRANK L. MILLER, Commissioner: Call 808-323-2252. Fax: 808-323-2322; Mail: P.O. Box 415, Kealakekua, HI 96750; or Email: franklewismillerlaw@gmail.com. (WHT1392164 10/28, 11/4, 11/11/22)

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87-474 Kaohe Rd., Captain Cook, HI 96704 - Foreclosure Notice

 From West Hawaii Today 10/27/22:

Notice #: 0001391684-01
Foreclosures

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NOTICE OF FORECLOSURE Deutsche Bank National Trust Company, etc. v. Robert S. Rodrigues, Jr., et al., Civil No. 3CC19100172K I. PROPERTY DESCRIPTION: A. Address: 87-474 Kaohe Rd., Captain Cook, HI 96704 B. Tax map key no.: (3) 8-7-015-021-0000 C. Description: 3 Bedrooms, 1 Bath, living space 1,350 sq. ft. II. ASSESSMENT/TAX INFORMATION (2016): County Assessed Value (2022): $133,100.00 (LAND)+$198,600.00 (BUILDING) Real Property Taxes: $3,200.13 due for 2021 Association dues: n/a III. SUBDIVISION ASSOCIATION: n/a IV. SALES INFORMATION: Open Houses: None, pursuant to Order Granting Commissioner’s Motion To Sell Without Open Houses [DKT. 132], Filed July 19, 2022, filed Oct. 5, 2022. Auction: December 6, 2022 at 12:00 pm noon at the flagpole at the Kona Court House, 74-5451 Kamakaeha Ave., Kailua-Kona, Hawaii 96740. V. LIENS: Mortgage assigned to New Century Mortgage Corporation dated May 19, 2006, recorded in the Bureau of Conveyances of the State of Hawaii on 5/31/2006 as Doc. No. 2006-100910; Unpaid principal balance $418,701.79; Total amount due $498,388.16 as of December 2, 2021. Interest continues to accrue on the Note at the default rate of $31.33 per day. VI. TERMS OF SALE: No upset price. Property will be sold to all encumbrances if record and in “as is” condition at public auction with 10% of the highest bid payable in cash, money order, certified or cashiers check at the close of auction, balance payable upon delivery of title. Potential bidders must be able to provide proof of his ability to comply with 10% of bid requirement prior to participating in the public auction. Buyer shall pay all costs of closing including escrow, conveyances&recordation fee, conveyance taxes and is responsible for securing possession of the property upon recordation. SALE SUBJECT TO COURT CONFIRMATION. VII. COMMISSIONER: JENNIFER S. HEIMGARTNER, ESQ. Attorney at Law P.O. Box 4482 Kailua-Kona, HI 96745 Telephone: 808-756-4900 Email: jennifershimada808@gmail.com (WHT1391684 10/27, 11/3, 11/10/22)

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136-A Hoaka Road, Hilo, Hawaii 96720 - Foreclosure Notice

 From Hawaii Tribune Herald 10/27/22:

Notice #: 0001391613-01
Foreclosures

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NOTICE OF FORECLOSURE SALE The undersigned Commissioner in Civil No. 19-1-196, Third Circuit Court, State of Hawaii, will sell at public auction the following property at tmk: (3) 2-4-006-047, 136-A Hoaka Road, Hilo, Hawaii 96720. DATE AND PLACE OF SALE: November 29, 2022, Tuesday, 12 noon, front entrance to Hale Kaulike Courthouse Building, 777 Kilauea Ave., Hilo, Hawaii. TERMS OF SALE: The property shall be sold “as is” with no upset price. Ten percent of the highest bid shall be paid down in cash or cashier’s check. Plaintiff may satisfy the down payment by way of offset up to the amount of its secured debt. The purchaser shall pay closing costs, escrow fees, title insurance, conveyance costs, recordation and costs of securing possession. The sale shall not be final until approved by the Court. OPEN HOUSES: November 16 and 21, 2022, 9:00 – 11:00 a.m. Contact Curtis E. Chong, P.O. Box 1483, Hilo, HI 96721; (808) 756-1621. (HTH1391613 10/27, 11/3, 11/10/22)

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87-449 Ahe Kolo Place, Captain Cook, HI 96704 - Foreclosure notice

 From West Hawaii Today 10/25/22:

Notice #: 0001391042-01
Foreclosures

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NOTICE OF FORECLOSURE SALE 87-449 Ahe Kolo Place, Captain Cook, HI 96704 TMK # (3) 8-7-013-006-0000 A three bedroom, two bath fee simple single family dwelling, being all of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal Patent Grant Number 2571 to Kahoohuli) situate, lying and being at Ophihale 1st, South Kona, Island and County of Hawaii, State of Hawaii, being LOT 8 of the “OPIHIHALE SUNSET VIEW ESTATES”, formally known as “CREATE 21 CHUO SUBDIVISION” consisting of approximately 167.8140 Land Area (acres), Agricultural Zoned. Together with an easement for access purposes over and across Road “A” (area 1.422 acres, more or less), as described and as set forth in ROADWAY MAINTENANCE AGREEMENT, dated April 26, 2000, recorded as Document 2000-089036; and subject to the terms and provisions contained therein. Notice is hereby given that pursuant to the Amended Findings Of Fact And Conclusions Of Law; Order Grnating Plaintiff’s Motion For Summary Judgment And For Interlocutory Decree Of Foreclosure Filed April 8, 2020; Exhibit “A” filed March 23, 2022, in HSBC Bank USA, National Association, As Trustee For Structured Adjustable Rate Mortgage Loan Trust, Mortgage Pass-Through Certificates, Series 2004-4 v. Donald Rullo aka Donald S. Rullo, et al.; Civil No. 3CC18100104K (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: There will be no open houses. AUCTION: Tuesday, November 22, 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. (WHT1391042 10/24, 10/31, 11/7/22)

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15-1956 29th Avenue, Keaau, Hawaii 96749 - Foreclosure Notice

 

From Hawaii Tribune Herald 10/16/22:

Notice #: 0001389608-01
Foreclosures

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NOTICE OF FORECLOSURE 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; Exhibit “A” filed on December 26 2019, in MTGLQ Investors, L.P., v. Blaine Keaumiki Matsu, et al., Civil No. 17-1-0191, Circuit Court of the Third Circuit, State of Hawaii., the undersigned Commissioner will sell the following described property at public foreclosure sale at the date and time set forth below: PROPERTY: All of that certain parcel of land situate at Keaau, District of Puna, Island and County of Hawaii, State of Hawaii, being LOT 8 in Block 504, as shown on Map 60, filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii with Land Court Application No. 1053 (amended) of W. H. Shipman, Limited, and containing an area of 1.000 acres, more or less. Bearing TMK (3) 1-5-016-003. STREET ADDRESS: 15-1956 29th Avenue, Keaau, Hawaii 96749. III. Land Use Designation: County Zoning: A-1A. IV. Improvements: Built in 1998. Two (2) bedroom, Two (2) bath dwelling containing 1,044 square feet, as per County of Hawaii records. TERMS: The property will be sold “as is” at public auction with NO UPSET PRICE, and with ten percent (10%) of the highest bid payable in cash, certified or cashier’s check at the fall of the hammer; balance is payable upon delivery of documents transferring title; purchaser shall pay all costs of escrow, conveyancing, recordation and conveyance tax, and shall be responsible for securing possession; SALE SHALL NOT BE FINAL UNTIL APPROVED AND CONFIRMED BY THE COURT. 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, conveyance tax, accrued and unpaid ground rent payments, recordation and costs of securing possession after closing. The ability of the purchaser to secure title insurance shall not be a condition of closing. NO OPEN HOUSE WILL BE HELD. SALE DATE: The lot will be auctioned for sale on Tuesday, November 15, 2022, beginning at 12:00 noon, at the front entrance of Hale Kaulike (Hilo Judiciary Complex), 777 Kilauea Avenue, Hilo, Hawaii. For legal description of property to be conveyed and for further details about the sale, contact JEREL I. YAMAMOTO, Commissioner, 187 Kapiolani Street, Hilo, Hawaii 96720 (phone (808) 961-0641); email: jerel@noyhawaii.com. ALL INFORMATION IN THIS NOTICE SHOULD BE INDEPENDENTLY VERIFIED BY THE PURCHASER BEFORE BIDDING. Jerel I. Yamamoto Commissioner (HTH1389608 10/16, 10/23, 10/30/22)

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64-283 Puu Pulehu Loop, Kamuela, Hawaii 96743 - Foreclosure Notice

 

From West Hawaii Today 10/14/22:

Notice #: 0001389392-01
Foreclosures

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NOTICE OF FORECLOSURE SALE. WELLS FARGO BANK, NATIONAL ASSOCIATION etc v. JOHN A. CALANTOC; DEBRA H. CALANTOC; STATE OF HAWAII-DEPARTMENT OF TAXATION; UNITED STATES OF AMERICA, et. al., 3CC19100190K, Circuit Court of the Third Circuit, State of Hawaii. A 3 bedroom 1.5 bath single family home, approximately 1,056 sq. ft., located at 64-283 Puu Pulehu Loop, Kamuela, Hawaii 96743, TMK Number: 3-6-4-013-065-0000. Notice is hereby given that pursuant to Findings of Fact and Conclusions of Law; Order Granting Plaintiff’s Motion for Summary Judgment and for Interlocutory Decree of Foreclosure Filed May 10, 2022, filed September 15, 2022, the undersigned Commissioner was appointed to sell the above-described property at public auction. OPEN FOR INSPECTION: Monday October 17, 2022, 9-11am,&Wednesday November 2, 2022, 10am-noon. AUCTION: Monday November 14, 2022, noon, at the flagpole at the Keahuolu Courthouse 74-5451 Kamakaeha Ave, Kailua-Kona, Hawaii. TERMS OF SALE. No upset price. Sold in “as is” condition to the highest bidder at public auction with no representations or warranties as to title or possession. Not less than ten percent (10%) of the highest successful bid price shall be deposited with the Commissioner payable in cash or cashier’s check at the close of the auction. Participants must prove their ability to comply with the 10% requirement prior to participation in the auction. Balance of the purchase price payable in cash or cashier’s check upon delivery of title documents or a date as the Court shall order. The 10% down payment may be forfeited in full or in part if the successful purchaser fails to pay the balance of the purchase price after court confirmation of the sale. The purchaser shall pay for all possession, eviction, escrow and closing costs, conveyance documents, recording costs, notary, conveyance taxes and shall be responsible for securing possession of the property. Neither the availability of title insurance nor securing possession of the property shall be a condition of closing. The Commissioner may require the use of escrow even if the purchaser does not require it, and purchaser will be responsible for any escrow costs. Sale is subject to confirmation and shall not be final until approved and confirmed by the presiding Judge of the Circuit Court of the Third Circuit, State of Hawaii. For more information contact Commissioner: Rebecca Colvin, 75-165 Hualalai Rd. Suite 202, Kailua-Kona, HI 96740; (808) 769-6847; rebecca@rcolvinlaw.com. (WHT1389392 10/16, 10/23, 10/30/22)

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Hokuli’a Phase 1 – Lot 28 - Notice of postponed foreclosure auction

 

From West Hawaii Today 10/06/22:

Notice #: 0001389386-01
Foreclosures

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NOTICE OF POSTPONED FORECLOSURE SALE Hokuli’a Phase 1 – Lot 28 TMK 3-8-1-026-028-0000 Pursuant to the FINDINGS OF FACT AND CONCLUSIONS OF LAW; ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND FOR INTERLOCUTORY DECREE OF FORECLOSURE FILED OCTOBER 15, 2021, filed January 21, 2022 in Hokuli’a Community Association Inc. etc. vs, MJR, FLLP, a Colorado Limited Liability Limited Partnership, et al, Civil No. 3CCV-20-0000363, the undersigned Commissioner has been appointed to sell the above described property at public auction as follows: Property Description: 1.191 acre empty lot Open Houses: Friday, April 22, 2022 at 9:00 a.m. to 12:00 noon Saturday, April 30, 2022 at 9:00 a.m. to 12:00 noon Auction: Friday, October 21, 2022 at 9:00 a.m. At the flag pole fronting Keahoulu Courthouse, 74-5451 Kamakaeha Avenue, Kailua-Kona HI 96740 TERMS OF SALE: Property is to be sold “AS IS” to the highest bidder with no upset price. Not less than ten percent (10%) of the highest successful bid price must be deposited in cash, money order, by cashier check or by certified check with Commissioner at the close of auction, 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 the present ability to make the required down payment in such form immediately upon the close of bidding. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of the sale and concurrently with delivery of the documents transferring title, provided that if Plaintiff is the purchaser, Plaintiff may satisfy the balance of the purchase price by way of offset up to the amount of its secured debt. At the Court’s discretion, the 10% down payment may be forfeited in full or part if the purchaser shall fail to pay the balance of the purchase price upon Court confirmation. All costs and expenses of closing including the costs of conveyance, preparation of the conveyance document, conveyance tax, escrow, if requested by purchaser, recording fees, any proof of title or title insurance, and notary fees, as well as other 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. ALL INFORMATION IN THIS NOTICE SHOULD BE INDEPENDENTLY VERIFIED BY PURCHASER BEFORE BIDDING. For further legal description, information and/or photographs contact ASIA VANAVICHAI, Commissioner, P.O. Box 593, Kailua-Kona, HI 96745 (mailing), e-mail: avanavichai@aol.com, phone (808) 345-9917. ASIA VANAVICHAI Commissioner (WHT1389386 10/6/2022)

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75-6081 Alii Drive # 0-101, Kailua Kona, Hawaii 96740 - Notice of Postponed Auction

 

From West HawaiiToday 10/05/22:

Notice #: 0001388989-01
Foreclosures

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NOTICE OF POSTPONED FORECLOSURE SALE. MCLP ASSET COMPANY INC. V. HAEMI JEE; ASSOCIATION OF APARTMENT OWNERS OF ALII LANI, et. al., 3CCV-20-0000094, Circuit Court of the Third Circuit, State of Hawaii. A 3 bedroom 2 bath condominium, approximately 917 sq. ft., located at 75-6081 Alii Drive # 0-101, Kailua Kona, Hawaii 96740, TMK (3) 7-5-020-073-0109. Notice is hereby given that pursuant to Findings of Fact and Conclusions of Law; Order Granting Plaintiff’s Motion for Summary Judgment and for Interlocutory Decree of Foreclosure Filed December 16, 2021, May 5, 2022, the undersigned Commissioner was appointed to sell the above-described property at public auction. OPEN FOR INSPECTION: No additional open houses. AUCTION: Thursday October 20, 2022, noon, at the flagpole at the Keahuolu Courthouse 74-5451 Kamakaeha Ave, Kailua-Kona, Hawaii (postponed from Monday July 18, 2022) TERMS OF SALE. No upset price. Sold in “as is” condition to the highest bidder at public auction with no representations or warranties as to title or possession. Not less than ten percent (10%) of the highest successful bid price shall be deposited with the Commissioner payable in cash or cashier’s check at the close of the auction. Participants must prove their ability to comply with the 10% requirement prior to participation in the auction. Balance of the purchase price payable in cash or cashier’s check upon delivery of title documents or a date as the Court shall order. The 10% down payment may be forfeited in full or in part if the successful purchaser fails to pay the balance of the purchase price after court confirmation of the sale. The purchaser shall pay for all possession, eviction, escrow and closing costs, conveyance documents, recording costs, notary, conveyance taxes and shall be responsible for securing possession of the property. Neither the availability of title insurance nor securing possession of the property shall be a condition of closing. The Commissioner may require the use of escrow even if the purchaser does not require it, and purchaser will be responsible for any escrow costs. Sale is subject to confirmation and shall not be final until approved and confirmed by the presiding Judge of the Circuit Court of the Third Circuit, State of Hawaii. For more information contact Commissioner: Rebecca Colvin, 75-165 Hualalai Rd. Suite 202, Kailua-Kona, HI 96740; (808) 769-6847; rebecca@rcolvinlaw.com. (WHT1388989 10/5/22)

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75-6081 Alii Drive #MM101, Kailua-Kona, HI 96740 - Foreclosure Notice

 

From West Hawaii today 10/2/2022:

Notice #: 0001388595-01
Foreclosures

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NOTICE OF FORECLOSURE SALE By order of the Circuit Court of the Third Circuit in Civil No. 3CC19100115K, the below Commissioner has been appointed to sell the named property at public auction. PROPERTY DESCRIPTION: Located at 75-6081 Alii Drive #MM101, Kailua-Kona, HI 96740. 3BD/2BA. 976 square feet. Built in 2000. TMK (3) 7-5-020-073-0285. OPEN HOUSES: None. AUCTION: November 2, 2022 at 12:00 p.m. Auction will be held at the flagpoles at the Keahuolu Courthouse, 74-5451 Kamakaeha Avenue, Kailua-Kona, HI. TERMS: No upset price. Property is to be sold in its “as in” 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 may 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 believed 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: Jason R. Kwiat, Schlueter, Kwiat&Kennedy LLLP, Atrium Court, 75-167 Kalani Street, Suite 201, Hawaii 96740. Tel. No. (808) 987-7275, Email: jason@kona-lawyer.com (WHT1388595 10/2, 10/9, 10/16/22)

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53-4186 Akone Pule Hwy, Kapaau, Hawaii 96755 - Foreclosure Notice

 

From West Hawaii Today 09/26/22:

Notice #: 0001387792-01
Foreclosures

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NOTICE OF FORECLOSURE AUCTION ACTION: Newrez LLC v. Patricia Enoka, as Special Administrator of The Estate Of Cornelia Ver Guerrero, et al., Civ # 3CCV-19-0000011 (Foreclosure) PROPERTY DESCRIPTION: 53-4186 Akone Pule Hwy, Kapaau, Hawaii 96755, 2 bedroom(s), 1 bath(s), 960 sq. ft. residential property, built in 1943. TMK # (3) 5-3-010-035-0000. Note: Property Description may differ from public tax records. OPEN HOUSES: October 1, 2022, 12:30 pm to 3:30 pm; October 15, 2022, 12:30 pm to 3:30 pm. AUCTION DATE: Tuesday, October 25, 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 (WHT1387792 9/26, 10/3, 10/10/22)

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16-2092 Uilani Drive, Pahoa, Hawaii 96778 - Foreclosure Notice

 

From Hawaii Tribune Herald 9/16/22:

Notice #: 0001386522-01
Foreclosures

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NOTICE OF FORECLOSURE SALE Pursuant to 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 on April 13, 2022 in The Bank of New York Mellon fka The Bank of New York, as Trustee for Registered Holders of CWABS, Inc., Asset-Backed Certificates Series 2005-1 vs. Shelly Lynn Richards-Younce aka Shelly Lynn Richards, et al., Civ. No. 3CC161000103, Circuit Court of the Third Circuit, State of Hawaii, the undersigned Commissioner will sell the following described property at public foreclosure sale on the date and at the time set forth below. PROPERTY DESCRIPTION: Real Property situate at Keaau, Puna, Island and County of Hawaii, State of Hawaii, being Lot 44, area 12,000 square feet, more or less, in Block 36, as shown on Map 70, filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii with Land Court Application No. 1053 (amended) of W. H. Shipman, Limited, and further identified as TMK:(3)1-6-082-003, address 16-2092 Uilani Drive, Pahoa, Hawaii 96778. The house is of single-wall wood construction, post and pier foundation, one story, with a corrugated iron roof. The house contains two bedrooms and one bathroom. The area under roof is 720 square feet. The house was constructed in 1995. TERMS OF SALE: The property will be sold “as is” at public auction with no upset price. The successful bidder at the auction shall make a down payment to the Commissioner in an amount not less than ten percent of the successful bid price, such payment to be made at the close of the auction in cash, cashier’s check or certified check. Prior to bidding, interested parties must show the Commissioner their ability to make the required down payment, in such form as aforesaid, immediately upon close of the bidding. At the Court’s discretion, the ten percent down payment may be forfeited in full or in part if the successful bidder fails to timely close. The balance of the successful bid price shall be paid to the Commissioner upon approval and confirmation of the sale. All costs and expenses of closing shall be paid by purchaser, 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 purchaser to secure title insurance or financing shall not be a condition of closing. SALE SHALL NOT BE FINAL UNTIL APPROVED AND CONFIRMED BY THE COURT. OPEN HOUSE: No Open House. SALE DATE: Tuesday, October 18, 2022, 12:00 noon, at the front entrance to the Hale Kaulike Courthouse Building, 777 Kilauea Avenue, Hilo, Hawaii. COMMISSIONER: Stephen J. Menezes, 441 Kipuni Street, Hilo, Hawaii 96720; Telephone (808)934-8916. (HTH1386522 9/16, 9/23, 9/30/22)

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“Kapalaoa Estate Lots,” Waikoloa, South Kohala, Island and State of Hawaii - Foreclosure Notice

 From West Hawaii Today 9/11/22: 

Notice #: 0001385408-01
Foreclosures

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NOTICE OF FORECLOSURE SALE WITHOUT OPEN HOUSES CIVIL NO. 20-0001404 Circuit Court of the First Circuit, State of Hawaii Superior Investments XIX, Inc. v. Brian Anderson, et al. PROPERTY DESCRIPTION: Four (4) separate but adjoining parcels aggregating approximately 21.488 acres, more or less, of vacant, undeveloped ocean front real estate located on the shore of ‘Anaeho’omalu Bay within the land division known as Kapalaoa known as “Kapalaoa Estate Lots,” Waikoloa, South Kohala, Island and State of Hawaii. The specific parcels and their acreage are available upon request from the Commissioner. The four (4) parcels are completely within a conservation district and is approximately one mile from the Waikoloa Beach Resort area. Properties can only be accessed via a private drive from Queen Ka’ahumanu Highway. The Properties are mostly flat with rocks and ponds existing on the inland portions of the parcels. There are a considerable number of archeological sites existing on the Properties which may present certain challenges to obtaining entitlements and building permits. The Properties will be sold and purchased “whole” and not as individual parcels. AUCTION DATE: THURSDAY, OCTOBER 13, 2022 at 12:00 O’CLOCK NOON, Ewa side of the front plaza level, Circuit Court of the First Circuit, Kaahumanu Hale, 777 Punchbowl Street, Honolulu, Hawaii 96813 OPEN HOUSES: PROPERTIES WILL BE SOLD WITHOUT OPEN HOUSES. However, private inspections of the Properties are available by appointment. Please contact the Commissioner. TERMS OF SALE: Properties will be sold in “AS IS” condition, without any express or implied warranties or representations of any kind, at public auction with 10% of the highest bid payable in cash, certified or cashier’s check at the close of auction. THERE SHALL BE NO UPSET PRICE. Balance of highest bid shall be paid in full upon court approval and confirmation of sale. Potential bidders must be able to provide proof of ability to comply with the 10% bid requirement BEFORE participating in the public auction. Purchaser shall pay ALL costs of closing, including, but not limited to, escrow fees, recordation fees, conveyance taxes and is responsible for securing possession of the Properties upon escrow closing and recordation. Neither the availability of title insurance nor securing possession of the Properties shall be conditions of sale closing. Sale closing usually occurs not later than thirty-five (35) days after the entry of the order confirming sale. Real property taxes shall be prorated as of the date of closing and recordation of the documents transferring title. The Properties, including all improvements will be sold without personal property. ALL SALE AND TERMS OF SALE ARE SUBJECT TO COURT CONFIRMATION. DUE DILIGENCE INFORMATION: Limited due diligence information, material and documents are available upon request from the Commissioner. The information made available has been collected from various sources including tax records, a title report, and pleadings and appears to be reliable but it is not guaranteed. Potential bidders are expressly advised to perform and complete their own investigation and due diligence prior to bidding. For further information, contact Wayne K. T. Mau, Commissioner, 1003 Bishop Street, Pauahi Tower, Suite 320, Honolulu, Hawaii 96813; Telephone (808) 781-8494 (cell); (808) 380-8498 (ofc.); email: wayne@wmaulaw.com (WHT1385408 9/11, 9/18, 9/25/22)

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16-1945 Silversword Court Pahoa, Hawaii 96778 - Foreclosure Notice

 

From Hawaii Tribune Herald 9-9-22: 

Notice #: 0001386023-01
Foreclosures

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NOTICE OF FORECLOSURE SALE 16-1945 Silversword Court Pahoa, Hawaii 96778 Pursuant to the Findings of Fact and Conclusions of Law and Order Granting Plaintiff’s Motion for Summary Judgment Against All Defendants and for Interlocutory Decree of Foreclosure; Exhibit A, filed August 31, 2022 in Homestreet Bank v. Bruce Alan Freeman, Civil No. 3CC191000218, 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 864 square feet, 2 bedrooms, 1 full bathroom, single family, double-wall wood construction house with a corrugated iron roof that was built in 1993, on a 8,100 square foot lot and identified as Tax Map Key (3) 1-6-106-050-0000. 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: September 9, 2022 from 2:00 p.m. to 4:00 p.m. and September 10, 2022 from 10:00 a.m. to 12:00 noon. DIRECTIONS TO THE PROPERTY: From Hilo travel on Hawaii Belt Road, Highway 11, 7.9 miles. Use the left two lanes to turn left on Highway 130/Keaau Bypass Road. Travel 7.7 miles. At the traffic circle turn right on Ainaloa Blvd. Travel 1.6 mile. Turn right on Uilani Drive. Travel .5 mile. Turn left onto Ainapua Street. Travel .2 mile. Turn right on Silversword Court. The property is on the right. DATE, TIME, AND PLACE OF AUCTION: October 7, 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. (HTH1386023 9/9, 9/16, 9/23/22)

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

 

From Hawaii Tribune Herald 9/9/22:

Notice #: 0001384338-01
Foreclosures

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NOTICE OF POSTPONED 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) AUCTION DATE: Date: Wednesday September 28, 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 9/9/22)

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