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NOTICE OF FORECLOSURE SALE 76-6342 A in 81-6627 Mamalahoa Highway 109, Kealakekua, HI 96750, US

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Location: 81-6627 Mamalahoa Highway 109, Kealakekua, HI 96750, US
Category: Events & Notices - Legal and Public Notices
Posted: 04/04/2018
Contact: 8083232100


NOTICE OF FORECLOSURE SALE 76-6342 A Kololia Street, Kailua-Kona, HI 96740 TMK # (3) 7-6-022-051-0000 A three bedroom, two full bath and one half bath fee simple home, being all of that certain parcel of land (being portion(s), of the land(s) described in and covered by Royal Patent Number 4475, Land Commission Award Number 7713, Apana 43 to V. Kamamalu) situate, lying and being on the southwesterly side of Kololia Street at Holualoa 1st and 2nd, District of North Kona, Island and County of Hawaii, State of Hawaii, being Lot 106-A of "KOMOHANA KAI, UNIT II", being a portion of Lot 106 of Komohana Kai, Unit II (File Plan 1737) and thus bounded and described as per survey dated November 2, 1994. Notice is hereby given that pursuant to the Findings of Fact, Conclusions of Law And Order Granting Plaintiff's Motion For Summary Judgment Against All Defendants And For Interlocutory Decree Of Foreclosure, filed herein on December 29, 2017, in U.S. Bank, N.A., As Trustee For The Certificateholders of Bank Of America Funding Corporation Mortgage Pass-Through Certificates, Series 2007-C v. Dennis J. Baldwin II, et al; Civil No. 15-1-424K (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: Friday, April 6, 2018 9:00 a.m. to 12:00 p.m. Friday, April 20, 2018 9:00 a.m. to 12:00 p.m. Auction: Friday, May 4, 2018, at 12:00 p.m. At the flag pole fronting Hale Halawai, Kailua-Kona, Hawaii. TERMS OF SALE: Property is to be sold "AS IS" at a public auction to the highest bidder with no upset price. There will be no representations or warranties as to title or possession. Upon fall of the hammer, the successful bidder at the sale shall pay a down payment to the Commissioner in an amount not less than ten percent (10%) of the highest successful bid price. This payment shall be by cash or by certified check, with the exception of Plaintiff, who may use the amount of its secured indebtedness as the required ten percent (10%) down payment. The balance shall be paid concurrently with delivery of the documents transferring title. Such sale shall not be final until approved by the Court. 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 acceptable form. At the Court's discretion, the 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 down payment. The payment shall be in cash or certified check, 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. The purchaser shall pay closing costs, including but not limited to 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. The inability of the purchaser to secure title insurance or financing shall not be a condition of closing. The cost of evicting any occupant, if necessary, shall also be the responsibility of and paid by the purchaser. SALE IS SUBJECT TO COURT CONFIRMATION. For further legal description and information contact KIMBERLY B. TANIYAMA, Commissioner, 81-6627 Mamalahoa Highway, Suite 109, Kealakekua, HI, 96750; Phone: (808) 323-2100. (WHT1086004 4/4, 4/11, 4/18/18)
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