West Hawaii Today
Notice #: 0001292173-01

NOTICE OF FORECLOSURE SALE. WILMINGTON TRUST, NATIONAL ASSOCIATION etc. v. GARETH MCCLAIN-SMITH; DONNA L.M. WINDSOR; LOKAHI MAKAI PLANNED COMMUNITY; SONNY VENTURES LLC; et al. Civ. No. 17-1-040K, Circuit Court of the Third Circuit, State of Hawaii. TMK (3) 7-3-061-024-0000 A 3 bedroom 2 bath single family home, approximately 1582 sq. ft., located at Lokahi Makai 73-4361 Lulana Street, Kailua Kona, Hawaii 96740. Notice is hereby given that pursuant to 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 etc., filed March 20, 2020, the undersigned Commissioner was appointed to sell the above described property at public auction. OPEN FOR INSPECTION: Saturday August 29, 2020, 9am-11am&Sunday August 30, 2020, 10am-noon. AUCTION: September 18, 2020, noon, at the flagpole at the Keahuolu Courthouse 74-5451 Kamakaeha Ave, Kailua-Kona, Hawaii. TERMS OF SALE. No upset price. Sold in “as is” condition to the highest bidder at public auction with no representations or warranties as to title or possession. Not less than ten percent (10%) of the highest successful bid price shall be deposited with the Commissioner payable in cash or cashier’s check at the close of the auction. Participants must prove their ability to comply with the 10% requirement prior to participation in the auction. Balance of the purchase price payable in cash or cashier’s check upon delivery of title documents or a date as the Court shall order. The 10% down payment may be forfeited in full or in part if the successful purchaser fails to pay the balance of the purchase price after court confirmation of the sale. The purchaser shall pay for all possession, eviction, escrow and closing costs, conveyance documents, recording costs, notary, conveyance taxes and shall be responsible for securing possession of the property. Neither the availability of title insurance nor securing possession of the property shall be a condition of closing. The Commissioner may require the use of escrow even if the purchaser does not require it, and purchaser will be responsible for any escrow costs. Sale is subject to confirmation and shall not be final until approved and confirmed by the presiding Judge of the Circuit Court of the Third Circuit, State of Hawaii. For more information contact Commissioner: Rebecca Colvin, 75-165 Hualalai Rd. Suite 202, Kailua-Kona, HI 96740; (808) 769-6847; rebecca@rcolvinlaw.com. (WHT1292 8/21, 8/28, 9/4/20)