‘ili of ‘Elepaio, (3) 7-4-005-004 - Partition Sale Notice

 From West Hawaii Today 03/29/24:

Notice #: 0001449949-01
Foreclosures

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NOTICE OF REAL PROPERTY PARTITION SALE BY PUBLIC AUCTION Pursuant to the “Order Granting Plaintiff’s Motions for: (1) Partition Auction of Subject Property; and (2) Default Judgment As to Count V of Plaintiff Complaint, Filed on October 30, 2017,” filed on March 18, 2023 in Roberson v. Ah Nee, et al., Civil No. 17-1-0335K, and case number 3CC17100335K, in the Third Circuit Court of the State of Hawaii, the Partition Commissioner identified below has been directed to sell the following property at a public auction. DESCRIPTION: A parcel of real property identified as a portion of Apana 1 of Royal Patent 3022, being the ‘ili of ‘Elepaio, situate in Honokohau 2, District of North Kona, Island and State of Hawaii, further designated within a portion of Tax Map Key No. (3) 7-4-005-004 (hereinafter “Property”). County of Hawaii real property tax information for the Property identifies the land as zoned Agricultural, and its contains 12.471 by metes and bounds description. No known improvements exist on the Property which appears vacant and overgrown with vegetation. Efforts to obtain title insurance for the Property has been unsuccessful. OPEN HOUSES: None, and no access to the Property will be allowed. AUCTION: Wednesday, May 1, 2024 at 12:00 noon at the Keahoulu Courthouse, 74-5451 Kamakaeha Ave, Kailua Kona HI 96740, to the east of the “Ho’o Pohaku” sculpture in the shade near the northwest corner of the building. TERMS OF SALE: No upset price. Property is sold in “as is, where is” condition with no warranty of title or any other warranty with not less than ten percent (10%) of the highest successful bid price deposited with the Commissioner at the close of auction, and pa, 4/19yment to be made in cash, certified or cashier’s check. Potential bidders must be able to provide proof of their ability to comply with the 10% bid requirement prior to participating in the public auction. The balance of the 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, with payment to be in cash, certified or cashier’s check. All costs and expenses of securing possession of the Property and closing, including conveyance and recordation fees and conveyance taxes, shall be paid by the successful purchaser. The successful purchaser may request the use of an escrow, but will be responsible for escrow costs, if any. Sale subject to court confirmation. For further information contact the Commissioner: Daniel S. Peters, Esq., 74-540 Honokohau Street, Kailua-Kona, Hawaii 96740, Telephone: (808) 331-1199, email: daniel@danielspeters.com (WHT1449949 3/29, 4/5, 4/12, 4/19/24)

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Kyra Bronson R(B) 23930

LUVA Real Estate

82-6136 Road D, Unit B Captain Cook, HI 96704 - Foreclosure Notice

 From West Hawaii Today 3/29/24:

Notice #: 0001449706-01
Foreclosures

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NOTICE OF FORECLOSURE SALE 82-6136 Road D, Unit B Captain Cook, HI 96704 TMK # (3) 8-2-001-132-0002 A three bedroom, one bath fee simple condominium, Unit B of that certain condominium project known as “DOSEO ESTATES”, as shown on condominium File Plan No. 2572, and described in the Declaration of Condominium Property Regime dated September 30, 1996, recorded as Recording No. 97-89961 in the Bureau of Conveyances as amended. An undivided 50 percent interest in all common elements of the project and in the land on which said project is located, as established for said apartment by the declaration, as tenant in common with the other owners and tenants thereof. Notice is hereby given that pursuant to the Fidnings 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 December 13, 2023, in The Bank of New York Mellon FKA The Bank Of New York, As Trustee For The Certificateholders Of The CWALT, Inc., Alternative Loan Trust 2006-OC10 v. Marshall D. Chinen, Esq. As Personal Representative Of The Estate Of Gordon Alexander Ivon aka Gordon Ivon, et al.; Civil No. 3CC19100229K (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: Saturday, April 13, 2024 9:00 a.m. to 12:00 p.m. Thursday, April 25, 2024 1:00 p.m. to 4:00 p.m. AUCTION: Wednesday, May 1, 2024 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. (WHT1449706 3/29, 4/5, 4/12/24)

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Kyra Bronson R(B) 23930

LUVA Real Estate

54-2378 Kynnersley Road Hawi, Hawaii 96719 - Foreclosure Notice

 From West Hawaii Today 3-25-24:

Notice #: 0001448815-01
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 January 5, 2024 in Civil No. 3CC16100246K, 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 Property Located at: 54-2378 Kynnersley Road Hawi, Hawaii 96719 TMK: (3) 5-4-011-057-0000 Two (2) one-story buildings with 6 total room count. See, County of Hawaii Real Property Tax Information. NO OPEN HOUSES WILL BE HELD. AUCTION: April 26, 2024, 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. 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. Such sale shall not be final until approved by the Court. At the Court’s discretion, the 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 set by the Court. In no event shall reasonable damages be greater than ten percent (10%) of the purchase price. Upon confirmation of the sale, the Commissioner is authorized and directed, after the payment of all necessary expenses of such sale, to make application of all the proceeds thereof and all funds which they hold in their capacity as Commissioner so far as the same may be necessary to the payment of amounts found due and owing to Plaintiff from the Borrower under the Loan Documents, including advances, title search fees, costs, expenses, and attorney’s fees, as determined by this Court. Plaintiff, or its designee, is authorized to be a purchaser at any sale, 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. In the event the Commissioner or the Court determines that it would be appropriate to reopen bids in Court at the hearing to confirm sale, such reopened court bidding will be allowed on the condition that any such reopened court bid is at least ten percent (10%) higher than the highest bid received at public auction. Upon closing of the foreclosure sale herein authorized, all Defendants, and any and all persons claiming any interest in the Property by, through or under all Defendants, are forever barred and foreclosed of and from any and all rights, title, and interest and claims at law or in equity in and to the Property, unless allowed by law. 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. 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, permitting, sewage 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 Kala Cottage #6 65-1231 Opelo Road Kamuela, Hawaii 96743 Telephone No.: (808) 324-7575; snakoa@rmkona.com Commissioner (WHT1448815 3/25/24, 4/1/24, 4/8/24 )

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Kyra Bronson R(B) 23930

LUVA Real Estate