NOTICE OF POSTPONED FORECLOSURE SALE By order of the Third Circuit Court, Civil No. 19-1-068K (3CC19100068K), The Bank of New York Mellon as Trustee for the Certificate Holders of CWalt, Inc., Plaintiff, vs. Pita Tui, Michele C. Tui, and Kealakekua Bay Estates Owners’ Assn., Defendants, the property at 83-5746 Kanele St., Captain Cook, HI 96704, TMK (3) 8-3-016-017-0000 will be sold at public auction. Property is taxed as a 3,113 sq. ft. 3 bedroom, 3 bath residence on a 1 acre lot in Kealakekua Bay Estates. Built in 2000. Fee simple. Open House: Open houses were held on 3/22/20 and 3/28/20. No new open houses; contact commissioner with any questions and further information regarding this property and foreclosure. Auction Sale: Monday, August 9, 2021, at 12:00 p.m. at the flagpole at the Keahuolu (Kona) Courthouse, 74-5451 Kamakaeha Ave., Kailua-Kona, Hawaii. (Original auction date 4/9/20) Terms of Sale: Property sold “AS IS” and “WITH ALL FAULTS” by commissioner at public auction with no representations or warranties whatsoever. No upset price. The high bidder must make a 10% down payment in cash, certified, or cashier’s check at the close of the auction. Balance is payable at the delivery of title at closing. Mortgage holder may credit bid. Bidders must prove their ability to make the 10% payment prior to auction. The 10% down payment may be forfeited in full or part if the successful bidder fails to pay the purchase balance as directed by the Court. Buyer shall be responsible for obtaining possession and shall pay all costs of closing such as escrow, conveyance fees and taxes. The buyer is responsible for verifying all property information and title, as information provided is not guaranteed. Sale subject to court approval at the confirmation hearing. Court may reopen bidding at the hearing for good cause. For further information, contact Robert J. Borns, Esq., Commissioner, 75-165 Hualalai Road, Ste. 201, Kailua-Kona, HI 96740; Phone (808) 326-9876. Email: bob@konawill.com. (WHT1332795 7/9/21)