West Hawaii Today
Notice #: 0001266016-01

NOTICE OF FORECLOSURE SALE A leasehold interest in 2.14 acre parcel improved with 1,734 square feet, 3 bedroom, 2 bathroom single family residence, located at 84-5060 Hawaii Belt Road, Captain Cook, District of South Kona, County and State of Hawaii; and designated as Tax Map Key # (3) 8-4-005-009. Notice is hereby given that pursuant to the Findings Of Fact, Conclusions Of Law; Order Granting Plaintiff’s Motion For Summary Judgment On All Claims And Against Defendants Minerva A. Ilagan And South Kona Farmers Maintenance Association Manako Road; Interlocutory Decree Of Foreclosure And Order of Sale, filed on September 2, 2019, in Bank of Hawaii, v. Minerva A. Ilagan, et. al, Civil No. 18-1-005K, 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 House: None per court order Auction: Monday, March 23, 2020 at 12:00 p.m. At the flag pole fronting Hale Halawai, Kailua-Kona, Hawaii. TERMS OF SALE: Property 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 the amount of 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. 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. 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 DONNA V. PAYESKO, Commissioner, P.O. Box 1554, Kailua-Kona, HI, 96745; Phone: (808) 989-8390. (WHT1266016 2/19, 2/26, 3/4/20)