West Hawaii Today
Notice #: 0001377755-01

NOTICE OF FORECLOSURE SALE Pursuant to the FINDINGS OF FACT; CONCLUSIONS OF LAW; ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, AND INTERLOCUTORY DECREE OF FORECLOSURE AGAINST ALL PARTIES FILED FEBRUARY 11, 2022, filed June 9, 2022 in CIVIL NO. 3CCV-21-0000008, Wells Fargo Bank, National Association, as Trustee, for the Benefit of the Holders of Comm 2014 CCRE21 Mortgage Trust Commercial Mortgage Pass Through Certificates, Plaintiff, vs. KS Owner, LLC, et al., Defendants, in the Circuit Court of the Third Circuit, State of Hawaii, the Commissioner will sell at public action the following: PROPERTY: Fee simple interest in land, additional land, improvements, easements, equipment, fixtures, personal property, lease and rents, condemnation awards, insurance proceeds, tax certiorari, rights, agreements, intellectual property, accounts, UCC property, minerals (to the extent permitted by law), and proceeds and other rights in connection with the foregoing, with respect to the real property located at 69-250 Waikoloa Beach Drive, County and State of Hawaii, 96738, commonly known as the Kings’ Shops shopping mall, all of the foregoing as more specifically described in that certain Mortgage, Assignment of Leases and Rents and Security Agreement recorded in the State of Hawaii Bureau of Conveyances as Doc. No. A-54020028; said property being identified by Tax Map Key No. (3) 6-9-008-005-0000. AUCTION DATE AND TIME: Monday, August 29, 2022 at 12:00 pm on the ewa lanai fronting the entrance of the Circuit Court of the First Circuit, also known as Kaahumanu Hale, 777 Punchbowl Street, Honolulu, Hawaii, 96813. OPEN HOUSES: By appointment only, with the last appointment to view the property no less than fourteen (14) days prior the scheduled auction. TERMS AND METHODS OF SALE: Property to be sold “AS IS” without any representations or warranties as to title or possession, to the highest bidder at public Commissioner’s auction, without an upset price. Prospective bidders, with the exception of the Plaintiff, shall be required to place their down payment of not less than ten percent (10%) of their highest bid amount at least 48 hours prior to the auction into an escrow account at a licensed escrow company in the State of Hawaii. The winning bidder, with the exception of Plaintiff, shall pay over 10% of their winning bid to Commissioner from said escrow account immediately after the auction. Said escrow account(s) shall be established by the Commissioner to manage the sale and ensure prospective bidders may be confident that their escrow account will be confidential, except as to Commissioner. All costs and expenses of closing, including, but not limited to the costs of drafting the conveyance document, conveyance taxes, notary fees, consent fees, escrow and recording fees, any proof of title or title insurance, costs of securing possession of the Property and any orders of this Court, shall be paid by the purchaser(s). Neither the availability of title insurance nor securing possession of the Property shall be a condition of closing. The Property, including any improvements, will be sold subject to various space and retail leases. SALE SUBJECT TO COURT CONFIRMATION. CONTACT FOR MORE INFORMATION: Commissioner Oscar Parra, of Pacific Capital Retail Partners, 100 N. Pacific Coast Highway, Suite 1925, El Segundo, CA 90245, (310) 641-8060, oparra@pacificretail.com. (WHT1377755 7/20, 7/27, 8/3/22)