West Hawaii Today
Notice #: 0001332536-01

NOTICE OF PARTITION SALE 54-3648 Akoni Pule Hwy, Kapaau, HI 96755 TMK # (3) 5-4-007-060 Notice is hereby given that pursuant to the ORDER GRANTING PLAINTIFF’S RENEWED MOTION FOR DEFAULT JUDGMENT AND FOR ORDER TO PARTITION THE PROPERTY BY SALE, in TOMMY K MCCANDLESS; DONYEL M. MCCANDLESS, Plaintiffs, vs. Donald C. Lewis, Jr.; Cynthia M. Lewis et al Defendants; Civil No. 3CCV-20-0000287(Partition/real Property) (Kona) 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: Property Description: 2BR, 2 BA, 1536sq. ft. single family residence, 20,830 Sq. ft. lot Open Houses: Sunday July 11th and Sunday July 18th, 2021, 12:00 p.m. noon to 2:00 p.m. Auction: Friday July 30th, 2021, 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. Not less than ten percent (10%) of the highest successful bid price in cash, certified check or cashier’s check must be deposited with Commissioner at the close of auction, provided that a Party 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 the present ability to make the required down payment in such form immediately upon the close of bidding. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of the sale, provided that if a Party is the purchaser, he/she may satisfy the balance of the purchase price by way of offset up to the amount of its secured debt. If the property is sold to a third party the Commissioner may open escrow at a licensed escrow company. All costs and expenses of closing including the costs of conveyance, preparation of the conveyance document, conveyance tax, escrow and recording fees, any proof of title or title insurance, and notary fees, as well as other 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. ALL INFORMATION IN THIS NOTICE SHOULD BE INDEPENDENTLY VERIFIED BY PURCHASER BEFORE BIDDING. For further legal description, information and/or photographs contact VICTOR M. COX, Commissioner, P.O. Box 2105, Kailua-Kona, HI 96745 (mailing), e-mail: victorlaw4@aol.com, phone (808) 731-5860 VICTOR M. COX, Commissioner (WHT1332536 6/29, 7/6, 7/13, 7/20/21)