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Location: Hilo, HI 96721, US
Category: Events & Notices - Legal and Public Notices
Posted: 04/15/2018
Contact: 8089374772


NOTICE OF FORECLOSURE SALE COURT ACTION: NATIONSTAR MORTGAGE V. MARSHALL D. CHINEN, AS PESONAL REPRESENTATIVE OF THE ESTATE OF REBECCA SUE BERKEY, DECEASED, ET AL., Civil No. 15-1-0321, Third Circuit Court, State of Hawaii. PROPERTY DESCRIPTION: All of that certain parcel of land situate at Keaau, District of Puna, Island and County of Hawaii, State of Hawaii, described as follows: LOT 30, area 12,000 square feet, more or less, in BLOCK 34, as shown on Map 70, filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii with Land Court Application No. 1053 (amended) of W.H. Shipman, Limited; Together with a right-of-way across Lot 8388, as shown on Map 70, and Lot 1311, as shown on Map 44 of said Application, for read and utility purposes in common with others entitled thereto; Together, also, with access to Pahoa Road across Lots 64, 65, 66 and 67, in Block 65, as set forth by Land Court Order No. 17800, filed January 20, 1960; Being the land(s) described in Transfer Certificate of Title No. 887,106 issued to REBECCA SUE BERKEY, unmarried. TAX MAP KEY: (3) 1-6-082:056 PROPERTY ADDRESS: 16-2078 Paradise Drive, Keaau, HI 96749 SITE IMPROVEMENTS: Three bedroom, two bath dwelling (1104 square feet). Built in 2004. AUCTION: Date: Tuesday, May 15, 2018 Time: 12:00 p.m. (noon) Place: Front entrance of Hale Kaulike (State Judiciary Building), 777 Kilauea Avenue, Hilo, Hawaii. TERMS OF SALE: The property shall be sold in an "AS IS" condition without any representations or warranties whatsoever as to title or possession and by way of a quitclaim conveyance upon the following terms: No upset price. Plaintiff and all other parties are authorized to purchase the property at the Commissioner's sale. The Commissioner shall accept the highest bid made at the foreclosure 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 the Plaintiff may satisfy the down payment by way of offset up to the amount of its secured debt ("credit bid"). 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 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 forfeiture of the ten percent (10%) down payment. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of the sale, provided that Plaintiff may satisfy the balance of the purchase price by way of offset up to the amount of its secured debt if Plaintiff is the purchaser at the Commissioner's sale. A further hearing shall be held in this action to consider confirmation of the Commissioner's sale. In the event the Commissioner and/or the Court determines that it would be appropriate to reopen the auction and accept open bids in Court at the confirmation hearing, such bidding will be allowed on the condition that the initial opening be at least five percent (5%) higher than the highest bid received at the Commissioner's sale, unless otherwise ordered by the Court. Anyone can reopen the auction by bidding, including all parties to this action and any other interested person, whether or not any such party or interested person had bid, or could have bid, at the Commissioner's sale. If the purchaser is a third party (not the plaintiff), the Commissioner shall open escrow at a licensed escrow company in the State of Hawaii to close the foreclosure sale of the property. All costs and expenses of closing, including, but not limited to the following: costs of drafting the conveyance document, conveyance taxes, notary fees, consent fees, escrow and recording fees, any proof of title or title insurance, costs of securing possession of the Property and any Order of the Court, shall be paid by the purchaser(s). Neither the availability of title insurance nor securing possession of the mortgaged property shall be a condition of closing. The public sale may be either postponed or canceled by the Commissioner. The sale shall not be final until approved and confirmed by the Court. VIEWING: Sunday, April 29, 2018 9:00 a.m. to 11:00 a.m. Sunday, May 6, 2018 9:00 a.m. to 11:00 a.m. FOR MORE INFORMATION CONTACT: Aaron S. Y. Chung, Commissioner P.O. Box 11458 Hilo, Hawaii 96721 Phone: (808)937-4772 Email: (HTH1089496 4/15, 4/22, 4/29/18)
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