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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