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NOTICE OF FORECLOSURE SALE Pursuant to in 75-5722 Kuakini Highway 201, Kailua-Kona, HI 96740, US

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Location: 75-5722 Kuakini Highway 201, Kailua-Kona, HI 96740, US
Category: Events & Notices - Legal and Public Notices
Posted: 02/09/2018
Contact: 8083311313


NOTICE OF FORECLOSURE SALE Pursuant to the Findings of Fact, Conclusions of Law and Order Granting Plaintiff's Motion for Summary Judgment Against Defendant Association of Apartment Owners of the Fairways at Mauna Lani and Default Judgment Against All other Defendants and for Interlocutory Decree of Foreclosure, filed on December 29, 2017, in U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust vs. David Woolley; Association of Apartment Owners of The Fairways at Mauna Lani, et al., Civil No. 17-1-122K, Third Circuit Court of the State of Hawaii, the Commissioner identified below has been directed to sell the following property at a public auction. The address is 68-1125 N. Kaniku Drive #306, Kamuela, HI 96743. It is further described as: Apartment No. 306 of the Condominium Project known as "The Fairways at Mauna Lani", as shown on Condominium Map No. 3795, and any amendments thereto; TMK (3) 6-8-022-005-0018. This is a fee simple condominium apartment, consisting of two bedrooms, two bathrooms, living area and kitchen, and is approximately 1289 square feet. Sale must be approved by the Court. OPEN FOR INSPECTION: Saturday, February 24, 2018, 2:00 - 5:00 p.m. Sunday, February 25, 2018, 2:00 - 5:00 p.m. AUCTION DATE: Tuesday, March 13, 2018 at 12:00 p.m. (noon), at the flagpole fronting Hale Halawai, Kailua-Kona, Hawaii. TERMS OF SALE: Property sold "AS IS" and "WHERE IS" condition at public auction without any representations or warranties whatsoever as to title or possession and by way of quitclaim conveyance by public commissioner's sale, without an upset price with 10% of highest bid payable at the fall of the hammer in cash, money order, certified check or cashiers check, balance shall be paid to the Commissioner upon approval and confirmation of the sale. Potential bidders must be able to provide proof of their ability to comply with 10% of bid requirement prior to participating in the public auction. The sale may be continued from time to time in Commissioner's discretion. Buyer shall pay 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, any assessments which may arise under HRS 514A-90, et seq., as well as the costs of securing possession of the mortgaged property, upon recordation. Neither availability of title insurance nor securing possession of the property shall be a condition of closing. Plaintiff, US Bank Trust, may satisfy the down payment by way of offset up to the amount of its secured debt (including reasonable commissioner's fees and costs and for Plaintiff's attorney's fees and costs). Upon the closing of the sale, Defendant and all persons claiming by, through or under said Defendant, except a governmental authority enforcing a lien for unpaid real property taxes as to the Mortgaged Property, or an Association enforcing a proper lien for unpaid special assessments pursuant to HRS 514B-146(g), (h) and (i), shall be perpetually barred of and from any right, title and interest in the Mortgaged Property or any part thereof. At the Court's discretion, the 10% down payment may be forfeited in whole or in part if the purchaser shall fail to pay the balance of the purchase price as set forth herein. At the confirmation hearing, the Court may, in its discretion, also allow reopening of the auction for good cause shown by accepting higher bids, the first of which must be at least one hundred five percent (105%) of the highest bid at the Commissioner's sale or such higher amount which the Court at its discretion may decide. SALE SHALL NOT BE FINAL UNTIL APPROVED BY AND SUBJECT TO COURT CONFIRMATION. For further information contact: Gerald A. Garcia, Attorney at Law, Commissioner 75-5722 Kuakini Hwy., Suite 201, Kailua-Kona, Hawaii 96740 Telephone No. (808) 331-1313 (office); 808-756-5527 (c) (WHT1068196 2/9, 2/16, 2/23/18)
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