West Hawaii Today
Notice #: 0001374857-01

NOTICE OF FORECLOSURE SALE LOCATION: Aina Lea Inc, Kamuela, Hawaii TMK: 3-6-8-001-036, located at 68-4747 Queen Kaahumanu Highway, County and State of Hawaii DESCRIPTION: Parcel D-1-B-2, ALL OF THAT CERTAIN PROPERTY BEING A PORTION OF ROYAL PATENT 5678, LAND COMMISSION AWARD 8521-B, APANA 1 TO G.D. HUEU; ALSO, BEING THE WEST PORTION OF LOT D-1-B BEING A PART OF A CERTAIN SUBDIVISION OF LAND FOUND OF RECORD AS SUB 09-000860, AS APPROVED FOR RECORDATION, SAID LAND SITUATED AT WAIKOLOA, SOUTH KOHALA, ISLAND, COUNTY AND STATE OF HAWAII, TMK: (3)-6-8-001-036 CONTAINING AN AREA OF 37.863 ACRES, MORE OR LESS, WITH VARIOUS EASEMENTS. TOGETHER WITH ALL BUILDINGS, STRUCTURES, AND IMPROVEMENTS NOW OR HEREAFTER LOCATED THEREON, AND ALL RIGHTS, PRIVILEGES, TENEMENTS, HERDITAMENTS, RIGHTS-OF-WAY, EASEMENTS, APPRENDAGES, PROJECTIONS, APPURTENANCES, WATER RIGHTS (INCLUDING RIPARIAN AND LITTORAL RIGHTS) STREETS, WAYS, ALLEYS, AND STRIPS AND GORES OF LAND NOW OR HEREAFTER IN ANYWAY BELONGING, ADJOINING, CROSSING OR PERTAINING THERETO. LEASEHOLD/FEE: Fee Simple OPEN HOUSES: Wednesday, June 29, 2022 – 2:00 pm to 4:00 pm Wednesday, July 6, 2022 – 2:00 pm to 4:00 pm AUCTION DATE: 12:30 pm, Tuesday, July 12, 2022 At the Flag Pole at the District Court of the Third Circuit, 74-5441 Kamakaeha Avenue, Kailua-Kona, Hawai TERMS OF SALE: Pursuant to the Order Granting Plaintiff’s Motion for Summary Judgment for Interlocutory Decree of Foreclosure filed on April 6, 2022 in Romspen Investment Corporation, a Canadian Corporation vs Aina Lea, Inc., Emerald Hawaii Services, Inc, Aina Lea Land Trust No. 1, Robert Wessels, Iron Horse Credit LLC, Lulana Gardens LLC, John Does Entities 1-50, Jane Does Entities 1-50, Doe Partnerships 1 50, Doe Corporations 1-50, Doe Entities 3 50, and Doe Governmental Units 1-50, Civil No. 3CCV17100159K, ,in the Circuit Court of the Third Circuit, State of Hawaii, the undersigned Commissioner will offer for sale to the highest bidder at a public auction the property described herein, pursuant to the following terms and conditions: Property to be sold “AS IS” at public auction, without any representations or warranties whatsoever as to title or possession, to the highest bidder with no upset price. Potential bidders must provide proof of ability to pay Ten Percent (10%) by private disclosure to Commissioner, prior to participation in bidding at auction. A non-refundable deposit of not less than Ten Percent (10%) of the highest successful bid shall be paid down to the Commissioner at close of auction, such payment to be made in cash, money order, certified or cashier’s check (not personal check); provided that Romspen Investment Corporation, a Canadian Corporation may satisfy the down payment by way of offset up to the amount of its secured debt. The down payment may be subject to forfeiture if the high bidder fails to pay the remaining balance of the bid, for failure to complete the transaction in a timely manner, or as otherwise ordered by the Court. The balance of said purchase price shall be paid to the Commissioner upon approval and confirmation of the sale by the Third Circuit Court and tender of the document(s) transferring title, such payment to be in cash or by certified or cashier’s check. All costs and expenses of conveyance, including escrow and recording fees, conveyance tax, securing possession of the subject property, any proof of title or title insurance and notary fees shall be at the expense of the successful purchaser. Real estate brokerage commission will not be paid from sales proceeds. Neither the availability of title insurance nor securing possession of the property shall be a condition of closing. The subject property will be conveyed by Commissioner’s (Quitclaim) Deed pursuant to order of the Third Circuit Court. THE SALE IS SUBJECT TO AND SHALL NOT BE FINAL UNTIL CONFIRMED BY THE PRESIDING JUDGE OF THE THIRD CIRCUIT COURT, STATE OF HAWAII. No representation is made as to the accuracy of figures provided by others. All amounts are approximate and subject to order of the Court. Interested buyers shall be responsible for their own due diligence as to title for this property. For further information, contact: George R. (Rick) Robinson, Commissioner P. O. Box 430, Kealakekua, Hi 96750 Telephone: 808-224-0638; Email: grirobins@aol.com (WHT1374857 6/12, 6/19, 6/26/22)