West Hawaii Today
Notice #: 0001438629-01

NOTICE OF FORECLOSURE SALE LOCATION: Villages of Aina Lea, Aina Lea Inc, Phase I, II and III, Kamuela, Hawaii TMK: 3-6-8-001-069, 038&039, located at 68-4747 Queen Ka’ahumanu Highway, County and State of Hawaii PROPERTY: Parcels 38&39 Lot B-1-A, BEING A PORTION OF ROYAL PATENT 5678, LAND COMMISSION AWARD 8521-B, APANA 1 TO G. D. HUEU, AT WAIKOLOA, SOUTH KOHALA, ISLAND OF HAWAII, COUNTY OF HAWAII, STATE OF HAWAII. TMK: (3)- 6-8-001-038 CONTAINING 628.316 ACRES, MORE OR LESS, WITH VARIOUS EASEMENTS Lot D-1-A, BEING A PORTION OF ROYAL PATENT 5678, LAND COMMISSION AWARD 8521-B, APANA 1 TO G. D. HUEU, AT WAIKOLOA, SOUTH KOHALA, ISLAND OF HAWAII, COUNTY OF HAWAII, STATE OF HAWAII. TMK: (3)- 6-8-001-039 CONTAINING 383.033 ACRES, MORE OR LESS WITH VARIOUS EASEMENTS Parcel 69 Parcel D-1-B-1, 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 EAST PORTION OF LOT D-1-B BEING A PART OF THAT CERTAIN SUBDIVISION OF LAND FOUND OF RECORD AS SUB 09-000860, AS APPROVED FOR RECORDATION IN THE BUREAU OF CONVEYANCES OF THE STATE OF HAWAII, SAID LAND BEING SITUATED AT WAIKOLOA, SOUTH KOHALA, ISLAND OF HAWAII, COUNTY AND STATE OF HAWAII, TMK: (3)-6-8-001-069 CONTAINING AN AREA OF 23.559 ACRES, MORE OR LESS, TOGETHER WITH VARIOUS EASEMENTS Along with all buildings, structures and improvements now or hereafter located on each respective property LEASEHOLD/FEE: Fee Simple OPEN HOUSES: Wednesday, December 27, 2023, at 1:00 p.m. to 4:00 p.m. Wednesday, January 3, 2024, at 1:00 p.m. to 4:00 p.m. AUCTION DATE: 12:30 p.m.,Wednesday, January 17, 2024, at the Flag Pole in front of the Keahuolu Courthouse, 74-5451 Kamakaeha Avenue, Kailua-Kona, Hawai’i 96740 TERMS OF SALE: Pursuant to the Order Granting Plaintiff’s Second Motion for Summary Judgment for Interlocutory Decree of Foreclosure filed on December 28, 2021 in Iron Horse Credit LLC vs. Aina Le’a, Inc., Lulana Gardens LLC, Ho’olei Village LLC, B-1-A D-1-A, LLC, Romspen Investment Corporation, Bridge Aina Le’a, LLC, Libo Zhang, John Doe Entities 1-50, Jane Doe Entities 1-50, and Doe Entities 1-50, Civil No. 3CCV-20-0000375, 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 (1) Parcels 38&39 and (2) Parcel 69, pursuant to the following terms and conditions: Parcels 38&39 and Parcel 69 shall be sold “AS IS” in two separate public auctions, first for Parcels 38&39 together, and then for Parcel 69, separately, without any representations or warranties whatsoever as to title or possession, to the respective highest bidder with no upset price. Parcels 38&39 (sold together) and Parcel 69 (sold separately) shall be sold subject to existing first mortgage liens on the respective properties. Except for SDCK I, LLC, potential bidders must provide proof of ability to pay ten percent (10%) by private disclosure to Commissioner, prior to participation in bidding at the auctions. A non-refundable deposit of not less than Ten Percent (10%) of the highest successful bid shall be paid 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 SDCK 1, LLC shall be allowed to credit bid against the amount owed to SDCK I, LLC and is not required to deposit any down payment. 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 or by credit bid as ordered by the Court. 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 respective successful purchasers. Available proceeds from the sale of the respective properties shall be used to pay any delinquent real property taxes for each of the respective properties. Real estate brokerage commission will not be paid from sales proceeds. Neither the availability of title insurance nor securing possession of the respective properties shall be a condition of closing. Each of the respective subject properties will be conveyed by respective Commissioner’s (Quitclaim) Deed pursuant to order of the Third Circuit Court. THE RESPECTIVE SALES ARE 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 (WHT1438629 12/15, 12/22, 12/29/23)