West Hawaii Today
Notice #: 0001272617-01

NOTICE OF FORECLOSURE SALE ALI’I VILLAS 75-6016 Ali’i Drive, #202 Kailua-Kona, HI 96740 TMK # (3) 7-5-021-007-0004 A one bedroom, one bath fee simple apartment, being Apartment No. 202 (hereinafter called the “Apartment”) comprising a portion of “ALII VILLAS”, a condominium project (hereinafter called the “Project”) as described in and established by Declaration of Horizontal Property Regime dated February 13, 1973, recorded March 9, 1973 in the Bureau of Conveyances of the State of Hawaii, in Liber 8990, Page 408, as the same may have been amended from time to time (hereafter called the “Delcaration”) as shown on the plans of the Project recorded in said Bureau of Condominium File Plan No. 265, as the same may have been aended from time to time (hereinaftercalled the “Condominium Map”). Together with all Easements Appurtenant to the Apartment established by and described in the Declartion, including an exclusive easement to us the Parking Stall designated on said plans by the same Number as the Apartment. Notice is hereby given that pursuant to the Findings Of Fact; Conclusions Of Law; Order Granting Plaintiff’s Motion For Summary Judgment As Against All Defendants And For Interlocutory Decree Of Foreclosure; Exhibit “A”; Certificate Of Service filed January 27, 2020 in Wells Fargo Bank, National Association As Trustee For Structured Asset Mortgage Investments II Inc., Structured Asset Mortgage Investments II Trust 2007-AR4, Mortgage Pass-Through Certificates series 2007-AR4 v. Andrew D. Harwood, et al.; Civil No. 18-1-090K (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 House: Wednesday, March 18, 2020 2:00 p.m. 5:00 p.m. Saturday, March 28, 2020 9:00 a.m. 12:00 p.m. Auction: Thursday, April 23, 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” 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 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. 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 CAROL S. KITAOKA, Commissioner, P. O. Box 2107, Kealakekua, HI, 96750; Phone: (808) 895-7492. (WHT1272617 3/16, 3/23, 3/30/20)