West Hawaii Today
Notice #: 0001414012-01

NOTICE OF FORECLOSURE SALE 79-7261 Nahenahe Lp #109, Kealakekua, HI 96750 Notice is hereby given that pursuant to the “Findings of Fact, Conclusions of Law and Order Granting Plaintiff’s Motion for Summary and/or Default Judgment Against all Defendants and for Interlocutory Decree of Foreclosure” (“Order”) which was entered in U.S. Bank v. Honour, et al., Civil No. 3CC16100236K on March 10, 2023, in the Circuit Court of the Third Circuit, Division 4, State of Hawai’i, the undersigned Commissioner has been directed to sell the real property described herein (the “Property”), as follows: OPEN HOUSE: May 3, 2023, 10:00 a.m. to 12:00 (noon); and May 10, 2023, 10:00 a.m. to 12:00 (noon). AUCTION: May 30, 2023 at 12:00 (noon), at the Flagpole at Hale Halawai located at 75-5760 Ali’i Drive, Kailua-Kona, HI 96740. PROPERTY DESCRIPTION: TMK No. (3) 7-9-14-16-15 located at 79-7261 Nahenahe Lp #109, Kealakekua, HI 96750, compromising a one-room, 573 sq. foot apartment (no parking space) and an undivided 3.125% leasehold interest as tenant in common with all other apartment owners of Honalo Plaza, in and to the land. TERMS OF SALE: No upset price; Property shall be sold “AS IS”, without any representations or warranties as to title or possession; no less than ten percent (10%) of successful bid by cash or by certified check at the close of the auction with the exception of U.S. Bank, which may use the amount of its secured indebtedness as the required ten percent (10%) down payment; balance of the purchase price shall be paid concurrently with delivery of the documents transferring title; Commissioner may require closing through escrow, notwithstanding buyer’s preference; costs and expenses of closing, including without limitation, costs of escrow fees, title insurance premiums, conveyance document preparation fees, prorated real property and conveyance tax, recordation and costs of securing possession after closing shall be the responsibility of and paid for by the purchaser. Neither the availability of title insurance or financing shall be a condition of closing. At the Court’s discretion, ten percent (10%) of the purchase price may be forfeited as reasonable damages in full or in part if the Purchaser fails to close within the time set forth by the Court. In no event shall reasonable damages be greater than 10% of the purchase price. SALE SUBJECT TO COURT CONFIRMATION. FOR FURTHER INFORMATION CONTACT: Terri Fujioka-Lilley, BFL Law, 75-127 Lunapule Road, Ste. 8B, Kailua-Kona, HI 96740, (808) 345-7662, terri@bfl.law. (WHT1414012 4/30, 5/7, 5/14/23)