The Garden Island
Notice #: 0001015535-01
Foreclosures

PUBLIC NOTICE OF PUBLIC SALE ASSOCIATION’S FORECLOSURE UNDER POWER OF SALE Royal Kunia Community Association ("Association"), as Lienholder, under and pursuant to §421J-10.5 and Chapter 667 Part VI, HRS, as amended and as applicable, gives notice that the Association will hold a sale by public auction on 10/02/2017 at 12:00 p.m., at the State Capitol Building located at 415 S. Beretania Street, Honolulu, Hawaii, of the fee simple property located at 94-239 Haea Place, Waipahu, HI 96797 [TMK No.(1) 9-4-167-033] ("Property"). Owner: Melvin Lloyd MaKinney and Tanya MaKinney Unpaid Balance as of 6/16/17: $12,571.64 Entities with an interest in the Property: US Bank Trust, N.A. as Trustee for LSF9 Master Participation Trust and US Bank National Association, as trustee The terms of the sale are: (1) no upset price; (2) Property sold strictly in an "AS IS" and "WHERE IS" condition and "SUBJECT TO" any prior liens and outstanding real property taxes; (3) Property sold without covenant or warranty, express or implied, as to title, possession or encumbrances and upon information and belief, Property has encumbrances; (4) Purchaser must pay no less than 10% of the highest successful bid price in certified or cashier’s check at close of auction, with the balance of the bid price paid within 20 days of the auction, and prior to bidding must show proof of ability to make such payment; (5) the Association may credit bid; (6) Property is to be conveyed by Association’s quitclaim conveyance and upon payment by Purchaser of all costs related to the sale, including, but not limited to costs of drafting conveyance document, notary fees, consent fees, escrow fees, conveyance taxes, and recording fees; (7) Purchaser shall be responsible for obtaining title insurance, however, availability of title or other insurance shall not be a condition of closing; (8) Purchaser is responsible for securing possession after closing; (9) the public sale may be postponed from time to time or canceled by the association by public announcement made by the Association or someone acting on its behalf at the date, time, and place of the last scheduled public sale; and (10) If the successful bidder later fails to comply with the terms and conditions of the public sale or fails to complete the purchase within 45 days after the public sale is held, the down payment shall be forfeited by that bidder. THE DEFAULT UNDER THE ASSOCIATION DOCUMENTS MAY BE CURED NO LATER THAN THREE BUSINESS DAYS BEFORE THE DATE OF THE PUBLIC SALE OF THE UNIT BY PAYING THE ENTIRE AMOUNT THAT WOULD BE OWED TO THE ASSOCIATION PLUS THE ASSOCIATION’S ATTORNEY’S FEES AND COSTS, AND ALL OTHER FEES AND COSTS INCURRED BY THE FORECLOSING ASSOCIATION RELATED TO THE DEFAULT, UNLESS OTHERWISE AGREED TO BETWEEN THE ASSOCIATION AND THE UNIT OWNER. THERE IS NO RIGHT TO CURE THE DEFAULT OR ANY RIGHT OF REDEMPTION AFTER THAT TIME. IF THE DEFAULT IS SO CURED, THE PUBLIC SALE SHALL BE CANCELED. NOTICE IS HEREBY GIVEN THAT THIS ACTION IS AN ATTEMPT TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, AND THE DEBT MAY BE DISPUTED. All inquiries should be directed to Melanie K. Oyama, attorney for the Association, Motooka & Rosenberg, 1000 Bishop Street, Ste. 801, Honolulu, Hawaii 96813; mel@myhawaiilaw.com or (808) 532-7266. (SA1015535 8/9/17)