West Hawaii Today
Notice #: 0001391042-01

NOTICE OF FORECLOSURE SALE 87-449 Ahe Kolo Place, Captain Cook, HI 96704 TMK # (3) 8-7-013-006-0000 A three bedroom, two bath fee simple single family dwelling, being all of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal Patent Grant Number 2571 to Kahoohuli) situate, lying and being at Ophihale 1st, South Kona, Island and County of Hawaii, State of Hawaii, being LOT 8 of the “OPIHIHALE SUNSET VIEW ESTATES”, formally known as “CREATE 21 CHUO SUBDIVISION” consisting of approximately 167.8140 Land Area (acres), Agricultural Zoned. Together with an easement for access purposes over and across Road “A” (area 1.422 acres, more or less), as described and as set forth in ROADWAY MAINTENANCE AGREEMENT, dated April 26, 2000, recorded as Document 2000-089036; and subject to the terms and provisions contained therein. Notice is hereby given that pursuant to the Amended Findings Of Fact And Conclusions Of Law; Order Grnating Plaintiff’s Motion For Summary Judgment And For Interlocutory Decree Of Foreclosure Filed April 8, 2020; Exhibit “A” filed March 23, 2022, in HSBC Bank USA, National Association, As Trustee For Structured Adjustable Rate Mortgage Loan Trust, Mortgage Pass-Through Certificates, Series 2004-4 v. Donald Rullo aka Donald S. Rullo, et al.; Civil No. 3CC18100104K (Foreclosure), 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: OPEN HOUSES: There will be no open houses. AUCTION: Tuesday, November 22, 2022 at 12:00 p.m. At the flag pole located at the Keahuolu Courthouse 74-5451 Kamakaeha Avenue, Kailua-Kona, Hawaii TERMS OF SALE: Property is to be sold “AS IS” to the highest bidder with no upset price. The successful bidder at the sale shall make a down payment to the Commissioner in the amount not less than ten percent (10%) of the highest successful bid price. This payment shall be in cash, money order, by cashier’s check or by certified check, provided that Plaintiff may satisfy the down payment by way of offset up the amount of its secured debt. Prior to bidding, any person not hereby authorized to credit bid must show the Commissioner such person’s present ability to make the required down payment in such form immediately upon the close of the bidding. At the Court’s discretion, the 10% down payment may be forfeited in full or in part if the purchaser shall fail to pay the balance of the purchase price as hereinafter set forth. In no event shall the purchaser be liable for damages greater than the forfeiture of the 10% down payment. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of the sale, provided that if Plaintiff is the purchaser at the foreclosure sale, said Plaintiff may satisfy the balance of the purchase price by way of offset up to the amount of its secured debt. The Commissioner may require that the sale close through an escrow, even if the purchaser does not require one. All costs and expenses of closing, including without limitation, the costs of conveyance, including preparation of the conveyance document, conveyance tax, escrow and recording fees, any proof of title or title insurance, and notary fees, as well as the 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. For further legal description and information contact CAROL S. KITAOKA, Commissioner, P. O. Box 2107, Kealakekua, HI, 96750; Phone: (808) 895-7492, csk96750@yahoo.com. (WHT1391042 10/24, 10/31, 11/7/22)