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NOTICE OF FORECLOSURE SALE Pursuant to in 75-5875 Kahakai Road, Kailua-Kona, HI 96740, US

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Location: 75-5875 Kahakai Road, Kailua-Kona, HI 96740, US
Category: Events & Notices - Legal and Public Notices
Posted: 10/04/2017
Contact: 8083311199

Details

NOTICE OF FORECLOSURE SALE Pursuant to the Findings of Fact and Conclusions of Law; Order Granting Plaintiff's Motion for Summary Judgment and for Interlocutory Decree of Foreclosure Filed July 24, 2017; Exhibit A, filed on September 12, 2017, in The Bank of New Your Mellon, et al. v. Price, et al., Civil No. 16-1-211K, Third Circuit Court of the State of Hawaii, the Commissioner identified below has been directed to sell the following property at a public auction. DESCRIPTION: 68-3831 Lua Kula Street, Apt. D101, Waikoloa, Hawaii 96738. TMK: (3) 6-8-003-002-0032. A 2-bedroom, 2-bathroom condominium unit located at the Fairway Terrace reportedly built in 1989 with 793 interior square feet. Fee simple. OPEN HOUSES: October 7, 2017 from 10:00 a.m. to 12:00 p.m., and October 22, 2017 from 10:00 a.m. to 12:00 p.m. PUBLIC AUCTION: November 9, 2017 at 12:00 Noon in front of the flagpole at Hale Halawai, Alii Drive, Kailua-Kona, Hawaii. TERMS OF SALE: No upset price. Property will be sold in "as is" condition with no warranty of title or possession or any other warranties. No less than ten percent (10%) of the highest successful bid price must be deposited with the Commissioner at the close of the auction, and payment to be made in cash, money order or by certified check or cashier's check. Potential bidders must be able to provide proof of their ability to comply with the 10% bid requirement or status as a party entitled to credit bid prior to participating in the public auction. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of the sale by the Third Circuit Court of the State of Hawaii and tender of the document(s) transferring title, with payment to be in cash, money order, certified check or cashier's check. At the confirmation hearing, the Court may allow further bidding on the condition that the initial opening bid must be at least one hundred five percent (105%) of the highest bid at the public auction. All costs and expenses of securing possession of the property and closing, including conveyance and recordation fees and conveyance taxes, shall be paid by the successful purchaser. The ten percent (10%) down payment may be forfeited in full or in part if the successful purchaser fails to pay the balance of the purchase price after court confirmation of the sale. Neither the availability of title insurance nor securing possession of the property shall be a condition of closing. Real estate brokerage commissions will not be paid from sales proceeds. The sale will not be final until approved by the court. For further information contact Daniel S. Peters, Esq., 75-5875 Kahakai Road, Kailua-Kona, Hawaii 96740, (808) 331-1199, daniel@danielspeters.com, Commissioner. (WHT1034907 10/4, 10/11, 10/18/17)
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