From Hawaii Tribune Herald 11/27/22:
NOTICE OF FORECLOSURE SALE COURT ACTION: HILO TERRACE ASSOCIATION OF APARTMENT OWNERS, INC. v. SIDONYA JANE BOLTON, ET AL., Civil No. 3CCV-21-0000350 (PKK), Third Circuit Court, State of Hawaii. PROPERTY DESCRIPTION: -FIRST:- Apartment No. 146 located on the 1st story of Apartment Building F of the Condominium Project known as “HILO TERRACE,” as established by Declaration of Horizontal Property Regime dated April1, 1975, recorded in Liber 10618 at Page 264, as amended, and as shown on Condominium Map No. 407 and any amendments thereto. Together with exclusive and nonexclusive easements. -SECOND:- An undivided 1.0% interest in all common elements of the Project as established for said Apartment by said Declaration, as amended, or such other fractional or percentage interest as hereafter established for said Apartment by any amendment of said Declaration, as tenant in common with the other owners and tenants thereof. TAX MAP KEY: (3) 2-3-016-066 C.P.R. 0054 PROPERTY ADDRESS: 485 Waianuenue Avenue, Apt. 146, Hilo, Hawaii 96720 SITE IMPROVEMENTS: Two bedroom, one full bath dwelling (695 square feet). Built in 1963. AUCTION: Date: Thursday, January 5, 2023 Time: 12:00 p.m. (noon) Place: Front entrance of Hale Kaulike (State Judiciary Building), 777 Kilauea Avenue, Hilo, Hawaii. TERMS OF SALE: The property shall be sold “AS IS”, without any representations or warranties as to title or possession and by way of a quitclaim conveyance upon the following terms: No upset price. Plaintiff and all parties are authorized to purchase the Mortgage Property at the foreclosure sale. Upon the fall of the hammer, the successful bidder(s) shall pay a down payment to the Commissioner, by cash, certified check, cashier’s check, or money order, in an amount not less than ten percent (10%) of the highest successful bid price, with the exception of Plaintiff, who is authorized to credit bid at the foreclosure sale and may satisfy the down payment by way of offset up to the amount of the debt owed by the Defendant to Plaintiff. 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 aforesaid, immediately upon the close of the bidding. The Commissioner shall accept the highest bid made at the foreclosure sale. A further hearing shall be held in this action to consider confirmation of the foreclosure sale. At such hearing to confirm sale, the Court may allow reopening of the auction by accepting higher bids, the first of which must be at least one hundred five percent (105%) of the highest bid at the foreclosure sale. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of the sale by the Court and tender of the documents transferring title. Such sale shall not be final until approved by the Court. The Commissioner may require that the sale close through an escrow, even if the purchaser does not require one. The purchaser shall pay all 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 ability to obtain title insurance shall not be a condition of closing. At the Court’s discretion, the ten percent (10%) down payment may be forfeited in full or in part if the buyer fails to pay the balance of the purchase price. The Commissioner shall have the authority to continue the sale from time to time at his discretion. VIEWING: The Court has approved for the sale to be conducted without open houses. However viewings may be arranged by appointment with the Commissioner. FOR MORE INFORMATION CONTACT: Aaron S. Y. Chung, Commissioner P.O. Box 11458 Hilo, Hawaii 96721 Phone: (808)937-4772 Email: aaronchunghilo@gmail.com (HTH1394522 11/27, 12/4, 12/11/22)
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