From West Hawaii Today 8/3/24:
NOTICE OF FORECLOSURE SALE LOCATION: Aina Lea Inc, Phase I, II and III, Kamuela, Hawaii TMK: 3-6-8-001-038&039, located at 68-4747 Queen Ka’ahumanu Highway, County and State of Hawaii PROPERTY: Parcels 38&39 Lot B-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- 038 CONTAINING 628.316 ACRES, MORE OR LESS, WITH VARIOUS EASEMENTS Lot 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 Along with all buildings, structures and improvements now or hereafter located on each respective property LEASEHOLD/FEE: Fee Simple OPEN HOUSES: 24 August 2024, at 2:00 p.m. to 4:00 p.m. 31 August 2024, at 2:00 p.m. to 4:00 p.m. AUCTION DATE: 12:30 p.m., 9, September, 2024, at the Flag Pole in front of the Keahuolu Courthouse, 74-5451 Kamakaeha Avenue, Kailua-Kona, Hawai”i 96740. TERMS OF SALE: Pursuant to the Findings of Fact, Conclusions of Law, and Order Granting Defendant Bridge Aina Le`a, LLC’s Motion for Summary Judgment on Its Counterclaim and Cross-Claim, Filed March 15, 2021 [Dkt. 63] and for Interlocutory Decree of Foreclosure in Accordance with the Bankruptcy Court’s December 18, 2023 Order, Filed March, 8, 2024 [Dkt. 549], Exhibit “A,” entered June 4, 2024 in SDCK I LLC v. Aina Le`a, Inc., et al., Civ. No. 3ccv-20-0000375, the undersigned Commissioner will offer for sale to the highest bidder at a public auction Parcels 38&39 pursuant to the following terms and conditions: Parcels 38&39 shall to be sold “AS IS” in a public auction, without any representations or warranties whatsoever as to title or possession, to the respective highest bidder with no upset price. Except for Bridge Aina Le’s LLC., potential bidders must provide proof of ability to pay ten percent (10%) by private disclosure to Commissioner, prior to participation in bidding at the auctions. A non-refundable deposit of not less than Ten Percent (10%) of the highest successful bid shall be paid 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 Bridge Aina Le’a LLC shall be allowed to credit bid against the amount owed to Bridge Aina Le’a LLC and is not required to deposit any down payment. 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 or by credit bid as ordered by the Court. 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 respective successful purchasers. Available proceeds from the sale of the respective properties shall be used to pay any delinquent real property taxes for each of the respective properties. Real estate brokerage commission will not be paid from sales proceeds. Neither the availability of title insurance nor securing possession of the respective properties shall be a condition of closing. Each of the respective subject properties will be conveyed by respective Commissioner’s (Quitclaim) Deed pursuant to order of the Third Circuit Court. THE RESPECTIVE 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 (WHT1463681 8/3, 8/10, 8/17/24)
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