From West Hawaii Today 3/6/2022:
NOTICE OF FORECLOSURE SALE LOCATION: Aina Lea Inc, Phase I, II and III, Kamuela, Hawaii TMK: 3-6-8-001-036, 038, 039, 069, located at 68-4747 Queen Kaahumanu Highway, County and State of Hawaii DESCRIPTION: Parcel B-1-A, BEING A PORTION OF ROYAL PATENT 5678, LAND COMMISSION AWARD 8521-B, APANA 1 TO G. D. HUEU, AT W AIKOLOA, SOUTH KOHALA, ISLAND OF HAWAII, COUNTY OF HAWAII, STATE OF HAWAII. TMK: (3)- 6-8-001-038 CONTAINING 628.316 ACRES, MORE OR LESS, WITH VARIOUS EASEMENTS Parcel D-1-A, BEING A PORTION OF ROYAL PATENT 5678, LAND COMMISSION AWARD 8521-B, APANA 1 TO G. D. HUEU, AT WAIKOLOA, SOUTH KOHALA, ISLAND OF HAWAII, COUNTY OF HAWAII, STATE OF HAWAII. TMK: (3)- 6-8-001-039 CONTAINING 383.033 ACRES. MORE OR LESS WITH VARIOUS EASEMENTS Parcel D-1-B-1, ALL OF THAT CERTAIN PROPERTY BEING A PORTION OF ROYAL PATENT 5678, LAND COMMISSION AWARD 8521-B, APANA 1 TO G.D. HUEU; ALSO, BEING THE EAST PORTION OF LOT D-1-B BEING APART OF A CERTAIN SUBDIVISION OF LAND FOUND OF RECORD AS SUB 09-000860, AS APPROVED FOR RECORDATION, SAID LAND SITUATED AT WAIKOLOA, SOUTH KOHALA, ISLAND, COUNTY AND STATE OF HAWAII, TMK: (3)-6-8-001-069 CONTAINING AN AREA OF 23.559 ACRES, MORE OR LESS, WITH VARIOUS EASEMENTS Parcel D-1-B-2, ALL OF THAT CERTAIN PROPERTY BEING A PORTION OF ROYAL PATENT 5678, LAND COMMISSION AWARD 8521-B, APANA 1 TO G.D. HUEU; ALSO, BEING THE WEST PORTION OF LOT D-1-B BEING A PART OF A CERTAIN SUBDIVISION OF LAND FOUND OF RECORD AS SUB 09-000860, AS APPROVED FOR RECORDATION, SAID LAND SITUATED AT WAIKOLOA, SOUTH KOHALA, ISLAND, COUNTY AND STATE OF HAWAII, TMK: (3)-6-8-001-036 CONTAINING AN AREA OF 37.863 ACRES, MORE OR LESS, WITH VARIOUS EASEMENTS Along with all improvements to real property and miscellaneous building supplies, roofing materials, apartment furnishings, landscape material, and equipment including vehicles LEASEHOLD/FEE: Fee Simple OPEN HOUSES: Saturday, March 26, 2022 – 2:00 pm to 4:00 pm Saturday, April 2, 2022 – 2:00 pm to 4:00 pm AUCTION DATE: 12:30 pm, Monday, April 4, 2022 At the Flag Pole at the Hale Halawai County Park 75-5760 Alii Drive, Kailua-Kona, Hawaii TERMS OF SALE: Pursuant to the Order Granting Plaintiff’s Second Motion for Summary Judgment for Interlocutory Decree of Foreclosure filed on December 28, 2021 in Iron Horse Credit LLC vs Aina Lea, Inc., Ho’olei Village LLC, B-1-A D-1-A, LLC, Romspen Investment Corporation, Bridge Aina Lea LLC, Libo Zhang, John Doe Entities 1-50, Jane Doe Entities 1-50, and Doe Entities 1-50, Civil No. 3CCV-20-0000375, 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 herein, pursuant to the following terms and conditions: Property to be sold “AS IS” in three separate packages 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 Ten Percent (10%) by private disclosure to Commissioner, prior to participation in bidding at auction. A non-refundable deposit of not less than Ten Percent (10%) of the highest successful bid shall be paid down to the Commissioner at close of auction, such payment to be made in cash, money order, certified or cashier’s check (not personal check); provided that Iron Horse Credit LLC. may satisfy the down payment by way of offset up to the amount of its secured debt. 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. Commissioner will be offering the parcels at auction in three tranches, subject to the encompassing mortgage. The three offerings will be 1) B-1-A and D-1-A. 2) D-1-B-1 and 3) D-1-B-2. Bidder will bid on each tranche separately. THE SALES ARE SUBJECT TO AND SHALL NOT BE FINAL UNTIL CONFIRMED BY THE PRESIDING JUDGE OF 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. Interested buyers shall be responsible for their own due diligence as to title for this property. For further information, contact: George R. (Rick) Robinson, Commissioner P. O. Box 430, Kealakekua, HI 96750 Telephone: 808-224-0638; Email: grirobins@aol.com (WHT1362990 3/6, 3/13, 3/20/22)
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