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NOTICE OF FORECLOSURE SALE 75-5873 in 81-6627 Mamalahoa Highway 109, Kealakekua, HI 96750, US

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Location: 81-6627 Mamalahoa Highway 109, Kealakekua, HI 96750, US
Category: Events & Notices - Legal and Public Notices
Posted: 05/11/2018
Contact: 8083232100

Details

NOTICE OF FORECLOSURE SALE 75-5873 Walua Road, #202, Kailua-Kona, HI 96740 TMK # (3) 7-5-018-0032 An unfurnished 1 bedroom, 1 bath fee simple second-floor apartment unit, being: Apartment No. 202 of that certain condominium project known as "Kona Mansions V," as shown on Condominium Map No. 266, and described in the Declaration of Condominium Property Regime dated September 16, 1975, recorded in the Office of the Assistant Registrar of the Land Court, State of Hawaii, as Document No. 741149, as amended. All that certain parcel of land situate at Puaa 3rd and Waiaha 1st, District of North Kona, Island and County of Hawaii, State of Hawaii, subject to easements. Notice is hereby given that 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 December 8, 2017; Exhibit A, in U.S. Bank National Association v. Steven Leroy Myers, et al.; Civil No. 17-1-130K (Foreclosure), in the Circuit Court of the Third Circuit, State of Hawaii, the below-named Commissioner has been appointed to sell the above-described property at public auction as follows: Open Houses: Saturday, May 12, 2018 8:00 a.m. to 11:00 a.m. Saturday, May 26, 2018 8:00 a.m. to 11:00 a.m. Auction: Tuesday, June 12, 2018 12:00 p.m. At the flag pole fronting Hale Halawai, 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 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 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. The purchaser will be responsible for the process and cost of evicting any occupant of the property, if necessary. 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 KIMBERLY B. TANIYAMA, Commissioner, 81-6627 Mamalahoa Highway, Suite 109, Kealakekua, HI, 96750; Phone: (808) 323-2100. (WHT1097118 5/11, 5/18, 5/25/18)
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