From West Hawaii Today 1-16-25:
SECOND AMENDED NOTICE OF FORECLOSURE SALE BY AUCTION Pursuant to the Findings of Fact and Conclusions of Law; Order Granting Plaintiff’s Motion for Summary Judgment and for Interlocutory Decree of Foreclosure Filed October 20, 2023; Exhibit A in Civil No. 3CCV-20-0000385, Third Circuit Court in the State of Hawaii, the undersigned Commissioner has been directed to sell the following described property at public auction. DESCRIPTION: 62-2280 Kanehoa Street #1 Kamuela, HI 96743 TMK: (3) 6-2-009-024-0001 Approx. 2.5 acres of Agricultural Land w/Single story home and garage. See, County of Hawaii Real Property Tax Information re: condominium information. OPEN HOUSES: NO OPEN HOUSES. AUCTION: February 21, 2025, 12:00 p.m. noon at the flagpole at the courthouse 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. PLAINTIFF and all parties are hereby authorized to purchase the Mortgaged Property at the foreclosure sale. The successful bidder at the sale shall make a down payment to the Commissioner in an 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 to 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. 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. 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, Association fees, assessments and interest, 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 (WHT1480444 1/16, 1/23, 1/30/25)
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