West Hawaii Today
Notice #: 0001404380-01

PUBLIC NOTICE OF PUBLIC SALE PURSUANT TO HRS § 667-96 (1) Public Sale: Date: FRIDAY, APRIL 7, 2023, 12:00 Noon Location: KONA JUDICIARY COMPLEX FLAG POLE 74-5451 KAMAKAEHA AVENUE, KAILUA-KONA, HI 96740 (2) Unpaid Balance Owed Association: Apt. N-3-I – $3,142.60; Apt. F-3-C – $4,994.84; Apt. K-3-F – $4,994.84; Apt. S-2-D – $5,300.86; Apt. O-1-I – $9,917.58; Apt. D-1-H – $7,847.82; Apt. S-2-H – $14,551.05; Apt. W-1-F – $4,994.84; Apt. V-1-F $5,304.35; Apt. P-2-I – $7,847.82; Apt. U-3-H – $4,994.84; Apt. U-3-D $8,159.14 (all amounts are as of August 2022 plus legal fees and costs) (to be paid at time of auction) (3) Apt. Descriptions and Owners: Apt. N-3, Interval No. I, Ken Bettencourt; Apt. F-3, Interval No. C, James Browne; Apt. K-3, Interval No. F, Rhonda Flemming; Apt. S-2, Interval No. D, Kenneth Habel; Apt. O-1, Interval No. I, Tom Hawley; Apt. D-1, Interval No. H, Robert McNeil; Apt. S-2, Interval No. H, Paul Miller; Apt. W-1, Interval No. F, Standford Miller; Apt. V-1, Interval No. F, Jesus Rivera Montemayor and Sylvia Singian Montemayor; Apt. P-2, Interval No. I, Robert Scopin; Apt. U-3, Interval No. H, Melinda Springer; Apt. U-3, Interval No. D, Frank Supansick, Jr., individually and as Trustee – (4) Association Name: AOAO The Kona Billfisher, c/o La Tour Hotels and Resorts, 2305 Historic Decatur Road, Suite #100, San Diego, CA 92106 (5) Prior or Junior Creditors: None. This information is not guaranteed and interested bidders are to do their own due diligence. (6) Person in the State conducting public sale: Robert D. Triantos, Esq., 75-5591 Palani Road, Suite 204, Kailua-Kona, HI 96740 – Tel. 808.685-7117 (7) Terms and conditions of sale: This information is not guaranteed and interested bidders are to do their own due diligence. Terms: 1) no upset price; (2) sold strictly in an “AS IS”, “WHERE IS” and “WITH ALL FAULTS” condition; (3) sold without covenant or warranty, express or implied, as to title, possession, condition or encumbrances; (4) immediately at the close of the auction, the highest bid Purchaser must pay 10% of the bid price in cash or by cashier’s or certified check and the balance of the bid price shall be paid within twenty-one (21) days of the auction date; (5) the Association may credit bid the amount of its indebtedness; (6) the property is to be conveyed by the Association’s quitclaim conveyance, which shall be provided by the Association within twenty-one (21) days after the sale and upon the Purchaser’s payment of the full purchase price and all costs related to the sale, including, but not limited to, the costs of drafting conveyance documents, notary fees, consent fees, escrow fees, conveyance taxes, recordation fees and any prorated charges; (7) the availability of title or other insurance shall not be a condition of closing and the Purchaser shall be responsible for obtaining title or other insurance, which may not be available, if desired; (8) any obligation for current and delinquent real property taxes, maintenance fees, association fees and similar charges will not be prorated at closing and shall be the sole obligation of the Purchaser; (9) the Purchaser shall not take occupancy prior to closing and responsibility for securing possession as of closing is with the Purchaser; (10) there shall be on publication of this notice in a newspaper of general circulation with copies sent to the persons entitled to notice under HRS § 667-B, and (11) the sale may be postponed from time to time by public announcement and one published notice of postponed public sale with copies sent to the persons entitled to notice under HRS § 667-B. THE DEFAULT UNDER THE ASSOCIATION DOCUMENTS MAY BE CURED NO LATER THAN THREE BUSINESS DAYS BEFORE THE DATE OF THE PUBLIC SALE OF THE UNIT BY PAYING THE ENTIRE AMOUNT THAT WOULD BE OWED TO THE ASSOCIATION PLUS THE ASSOCIATION’S ATTORNEY’S FEES AND COSTS, AND ALL OTHER FEES AND COSTS INCURRED BY THE FORECLOSING ASSOCIATION RELATED TO THE DEFAULT, UNLESS OTHERWISE AGREED TO BETWEEN THE ASSOCIATION AND THE UNIT OWNER. THERE IS NO RIGHT TO CURE THE DEFAULT OR ANY RIGHT OF REDEMPTION AFTER THAT TIME OTHER THAN AS PROVIDED BY LAW. IF THE DEFAULT IS SO CURED, THE PUBLIC SALE SHALL BE CANCELED. NOTICE IS HEREBY GIVEN THAT THIS IS AN ATTEMPT TO COLLECT A DEBT, THAT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, AND THAT THE DEBT MAY BE DISPUTED. (WHT1404380 2/20, 2/27, 3/6/23)