West Hawaii Today
Notice #: 0001274456-01

FIRST AMENDED NOTICE OF FORECLOSURE SALE BY AUCTION Pursuant to the Findings 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 on January 21, 2020 in Civil No. 18-1-016K, 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 Home Located at 68-3610 Haena Street Waikoloa, Hawaii 96738 TMK: (3) 6-8-035-007-0000 Three bedroom; two full bathroom residence with small den and two-car enclosed garage. District area schools are Waikoloa Elementary and Middle Schools, Kealakehe High School. OPEN HOUSES: Saturday, May 16, 2020; 10:00 a.m. – noon Saturday, May 23 2020; 10:00 a.m. – noon AUCTION: Monday, June 8, 2020 at 12:00 noon at Hale Halawai Flagpole, 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, in accordance with this order. 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%) down payment may be forfeited in full or in part if the purchaser fails to pay the balance of the purchase prices as hereinafter set forth. In no event shall the Purchaser be liable for reasonable damages greater than the ten percent (10%) down payment. 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. Plaintiff’s counsel or their authorized bidder may place a bid at the Commissioner’s auction without any requirement of prior written notice to Commissioner designating the authorized bidder. 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 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. Any and all interest of all named Defendants that is junior to Plaintiff’s interest is hereby terminated upon conveyance of the deed to the confirmed purchaser. 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 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 A Limited Liability Law Partnership 75-167 Kalani Street, Suite 105 Kailua-Kona, Hawaii 96740 Telephone No.: (808) 324-7575 Commissioner (WHT1274456 3/27, 4/3, 4/10/20)