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NOTICE OF FORECLOSURE SALE BY AUCTION in Diamond Head - Kapahulu - St. Louis, 2863 Kalakaua Avenue, Honolulu, HI 96813, US

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Location: Diamond Head - Kapahulu - St. Louis, 2863 Kalakaua Avenue, Honolulu, HI 96813, US
Category: Events & Notices - Legal and Public Notices
Posted: 05/15/2018
Contact: 8085210416


NOTICE OF FORECLOSURE SALE BY AUCTION Pursuant to Stipulation to: (1) Substitute Wilmington Savings Fund Society, FSB, as Trustee of Stanwich Mortgage Loan Trust A As Plaintiff and to Amend the Case Caption; and (2) Findings of Fact, Conclusions of Law, Consent Decree of Foreclosure in Favor of Substitute Plaintiff Against Defendants John Michael Biddle and Barbara Ann Biddle; Exhibit "A" filed April 6, 2018 in Civil No. 15-1-089K, Third Circuit Court in the State of Hawaii, the undersigned Commissioner has been directed to sell the following described property at public auction. DESCRIPTION: Fee Simple Home Located at 75-5819 Pelekila Place Kailua-Kona, Hawaii 96740 TMK: (3) 7-5-027-020-0000 Nice three bedroom, two full bath home. Large tiles throughout home. Private lanai. Granite kitchen counters; laundry room. Two car enclosed garage. Located on cul de sac. District area schools are Kealakehe Elementary, Intermediate and High Schools. OPEN HOUSES: Saturday, June 2, 2018; 10:00 a.m. - noon Saturday, June 9, 2018; 10:00 a.m. - noon AUCTION: Thursday, June 14, 2018 at 12:00 noon at Hale Halawai Flagpole, Kailua-Kona, Hawaii. TERMS OF SALE: Property to be sold "AS IS" condition, without any representations or warranties as to title or possession to the highest bidder at public Commissioner's sale, without an upset price. Plaintiff and all other parties are hereby authorized to purchase the Property at the Commissioner's sale. The successful bidder(s) at the sale shall make a down payment to the Commissioner in an amount not less than ten percent (10%) of the highest successful bid price, such payment to be made in cash or by way of certified or cashier's check, provided that Substitute Plaintiff may satisfy the down payment by way of offset up to the amount of its secured debt. Prior to bidding, interested parties must show the Commissioner their ability to make the required down payment, in such form as aforesaid, immediately upon the close of the bidding. At the Court's discretion, the ten percent (10%) down payment may be forfeited in full or in part if the purchaser(s) fail to pay the balance of the purchase price as hereinafter set forth. In no event shall the purchaser(s) be liable for damages greater than the ten percent (10%) down payment. Upon confirmation of the sale, the Commissioner is authorized and directed, after the payment of all necessary expenses of such sale, to make application of all the proceeds thereof and all funds which they hold in their capacity as Commissioner so far as the same may be necessary to the payment of amounts found due and owing to Substitute Plaintiff from the Borrower under the Loan Documents, including advances, title search fees, costs, expenses, and attorney's fees, as determined by the Court. Substitute Plaintiff, or its designee is authorized to be a purchaser at any sale, without the requirement of any down payment at said sale. Substitute Plaintiff's counsel or their authorized bidder may place a bid at the Commissioner's auction without any requirement of prior written notice to Commissioner designating the authorized bidder. If Substitute Plaintiff is the highest bidder, payment of the down payment and the balance of the sale price shall be made by offset against the amount owed to Substitute Plaintiff under the Loan Documents. In the event the Commissioner or the Court determines that it would be appropriate to reopen bids in Court at the hearing to confirm sale, such reopened court bidding will be allowed on the condition that any such reopened court bid is at least ten percent (10%) higher than the highest bid received at public auction. 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. SALE IS SUBJECT TO COURT CONFIRMATION. For further details and legal description contact: SHAWN MAILE NAKOA, ESQ. Rush Moore LLP A Limited Liability Law Partnership 75-167 Kalani Street, Suite 105 Kailua-Kona, Hawaii 96740 Telephone No.: (808) 324-7575 Commissioner (WHT1094975 5/15, 5/22, 5/29/18)
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