West Hawaii Today
Notice #: 0001367041-01

NOTICE OF FORECLOSURE SALE Pursuant to the Findings of Fact, Conclusions of Law and Order Granting Plaintiff’s Motion for Summary Judgment Against All Defendants and for Interlocutory Decree of Foreclosure; Exhibit A, filed on March 2, 2022, in U.S. Bank Nat. Assn., et al. v. Chinen, et al., Civil No. 15-1-395K, Third Circuit Court of the State of Hawaii, the Commissioner identified below has been directed to sell the following property at a public auction. DESCRIPTION: 68-3883 Lua Kula Street #1803, Waikoloa, HI 96738, TMK: 3-6-8-003-004-0083, a 2-bedroom, 2-bathroom Elima Lani condominium reportedly built in 1988 with 854 square feet of living area, and lanai. Fee simple. OPEN HOUSES: April 10, 2022 from 10:00 a.m. to 12:00 p.m., and April 24, 2022 from 10:00 a.m. to 12:00 p.m. PUBLIC AUCTION: May 11, 2022 at 12:00 Noon at the Keahoulu Courthouse, 74-5451 Kamakaeha Ave, Kailua Kona HI 96740, at the “Ho’o Pohaku” sculpture near the northwest corner of the building. TERMS OF SALE: No upset price. Property will be sold in “as is” condition with no warranty of title or possession or any other warranties. No less than ten percent (10%) of the highest successful bid price must be deposited with the Commissioner at the close of the auction, and payment to be made in cash or cashier’s check. Potential bidders must be able to provide proof of their ability to comply with the 10% bid requirement or status as a party entitled to credit bid prior to participating in the public auction. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of the sale by the Third Circuit Court of the State of Hawaii and tender of the document(s) transferring title. At the confirmation hearing, the Court may allow further bidding on the condition that the initial opening bid must be at least one hundred ten percent (110%) of the highest bid at the public auction. All costs and expenses of securing possession of the property and closing, including conveyance and recordation fees and conveyance taxes, shall be paid by the successful purchaser. The ten percent (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. Neither the availability of title insurance nor securing possession of the property shall be a condition of closing. Real estate brokerage commissions will not be paid from sales proceeds. The sale will not be final until approved by the court. For further information contact Daniel S. Peters, Esq., 75-5875 Kahakai Road, Kailua-Kona, Hawaii 96740, (808) 331-1199, daniel@danielspeters.com, Commissioner. (WHT1367041 4/8, 4/15, 4/22/22)