NOTICE OF FORECLOSURE SALE 64-165 B Mamalahoa Highway, Kamuela, HI 96743 TMK # (3) 6-4-001-165-0000 A four bedroom, four bath single-family home, being: Parcel First: All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Land Patent Grant Number 4210 to Elizabeth W. Lyons) situate, lying and being approximately 500 feet Northerly of Mamalahoa Highway and approximately 400 feet Southerly of 30-Ft. Wide Homestead Road at Puukapu, Waimea, South Kohala, Island and County of Hawa [sic], State of Hawaii, being LOT 11-2, same being a portion of Lot B and thus bounded and described as per survey dated November 19, 2005. Together with an easement for roadway and utility purposes over and across LOT G-4 (Roadway) being a portion of Land Patent Grand Number 4210 to Elizabeth W. Lyons, situate, lying and being on the Northerly side of Mamalahoa Highway at Puukapu, Waimea, South Kohala, Island and County of Hawaii, State of Hawaii, same being a portion of Lot G of the subdivision of Lot 53 of “Puukapu Homesteads, 1st Series.” Parcel Second: An undivided one-third (1/3) interest in that certain Roadway Lot known as G-4 hereinabove described. Parcel Third: An undivided one-fourth (1/4) interest in that certain road right-of-way, to be used in common with others entitled thereto for road and utility purposes, being a portion of Grand 4210 to Elizabeth W. Lyons, Puukapu Homesteads, First Series, South Kohala, Hawaii, more particularly described as: All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Land Patent Grant Number 13, 567 to Lydia Maeltens) situate, lying and being on the Northwesterly side of Mamalahoa Highway and on the Southeasterly side of a 30-foot wide Homestead Road at Puukapu, Waimea, South Kohala, Island and County of Hawaii, State of Hawaii, being LOT K-2-B-2 (ROADWAY), same being the whole of Roadway Parcel and also a portions [sic] of Lot K-2-B. Notice is hereby given that pursuant to the Findings of Fact and Conclusions Of Law; Order Granting Plaintiff’s Motion For Summary Judgment and/or Default Judgment and For Interlocutory Decree Of Foreclosure Filed July 2, 2019; Exhibit A, filed on September 18, 2019, in CIT Bank, N.A. v. Jason Allen Howes, et al.; Civil No. 19-1-0055K (Foreclosure), in the Circuit Court of the Third Circuit, State of Hawaii, the undersigned Commissioner has been appointed to sell the above described property at public auction as follows: Open Houses: Sunday, February 16, 2020 9:00 a.m. to 12:00 p.m. Sunday, February 23, 2020 9:00 a.m. to 12:00 p.m. Auction: Friday, March 11, 2020, at 12:00 p.m. At the flag pole fronting Hale Halawai, Kailua-Kona, Hawaii. TERMS OF SALE: Property is to be sold “AS IS,” without any representations or warranties whatsoever as to title or possession, and by way of a quitclaim conveyance by public commissioner’s sale, to the highest bidder with no upset price. Plaintiff and all parties are authorized to purchase the 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 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 bidding. At the Court’s discretion, the down payment may be forfeited in whole 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 down payment. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of the sale. 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, but not limited to, the costs of conveyance, including preparation of the conveyance document, conveyance tax, escrow fees, recording fees, any proof of title, title insurance, notary fees, and the costs of any necessary eviction and securing possession of the mortgaged property at recordation shall be the responsibility of and paid by the purchaser. The purchaser is responsible for evicting any occupant, if necessary, and securing possession of the mortgaged property at closing. Neither the availability of the title insurance nor the securing of 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. (WHT1264223 2/10, 2/17, 2/24/20)