The Garden Island
Notice #: 0001053183-01

NOTICE OF AOAO’S NON-JUDICIAL FORECLOSURE UNDER POWER OF SALE Foreclosing Party: Association of Apartment Owners of The Heights at Wailuna ("AOAO"), as Lienholder, under and pursuant to Sections 514B-146 and 667-91 through 667-104 HRS, as amended. Foreclosing Lien Information: That certain Notice of Lien for Unpaid Assessments and/or Fees, recorded on March 29, 2016 with the Bureau of Conveyances for the State of Hawaii as Document No. A 59320701. Delinquency: Unpaid balance as of November 28, 2017: $18,058.51. Opening Bid: $1.00 Current Leasehold Owners: Charles K.Y. Khim and Rosalind W. Khim, husband and wife, as Tenants by the Entirety, Lessee; Property Description: Address: 98-1870 C Kaahumanu St., #76, Pearl City, Hawaii 96782; Description of Unit: Single Family Unit; 4 BR, 3 BA, 1,669 s.f. living area; T.M.K.: (1) 9-8-002-054-0034, AOAO Dues (2017): $523.43 per month; Recreation Fees: $61.00 per month; 2017 Real Property Tax: $2,209.55 annually; List of Prior/Junior Creditors: State of Hawaii – Department of Taxation; City & County of Honolulu – Budget and Fiscal Services Department; United States of America – Department of Treasury – Internal Revenue Service; Trustees of the Estate of Bernice Pauahi Bishop; Lear Siegler Properties, Inc.; Lear Siegler Properties, Inc.; The Lusk Company fka John D. Lusk & Son; Edward J. Bybee THERE WILL BE NO OPEN HOUSES. PUBLIC AUCTION: Wednesday, February 21, 2018, at 12:00 noon; 415 S Beretania St., Honolulu, HI 96813, rotunda area on the steps leading down to the Queen Liliuokalani Statue. Terms and Conditions: NO upset price. Property is being sold strictly "AS IS" and "WHERE IS" condition, unfurnished, without personal property, at public auction with 10% of the highest bid payable in cash, certified or cashier’s check at close of auction, balance payable upon delivery of title. Potential bidders must be able to provide proof of ability to comply with 10% bid requirement prior to participating in the public auction. Buyer shall pay all costs of closing including escrow, conveyance and recording fee, and conveyance taxes, and is responsible for securing possession of the property upon recordation. The sale by auction is "subject to" any liens for taxes and governmental assessments against the Property, if any, and any lender’s mortgage recorded prior to the recordation of the AOAO’s lien, to the extent the mortgage is valid and then only to the extent of sums due thereunder. The property is sold without any warranty of title or any other warranty. Said property HAS ENCUMBRANCES. Property is to be conveyed by AOAO’s quitclaim conveyance and upon performance by Purchaser, no later than 21 days after payment of all costs related to the sale. Purchaser is responsible for all title insurance; however, availability of title or other insurance shall not be a condition of closing. PURCHASER SHALL BE RESPONSIBLE FOR OBTAINING POSSESSION AFTER CLOSING. Any delay in performance by the Purchaser which prevents the closing from occurring within 45 days after the auction shall cause AOAO to sustain damages in amounts which will be difficult to ascertain. In the event that the sale does not close because of any delay in performance by Purchaser as herein stated, the 10% down payment may be retained by AOAO as liquidated damages and not as a penalty. AOAO’s sole liability shall be the return of the bid funds tendered by Purchaser. Purchaser shall have no further recourse against AOAO, or its officers, members, directors, agents, attorneys, servicers and auctioneers. Finally, the sale may be postponed from time to time by public announcement made by AOAO or someone acting on its behalf. "THE DEFAULT MAY BE CURED NO LATER THAN THREE (3) BUSINESS DAYS BEFORE THE DATE OF THE PUBLIC SALE OF THE UNIT BY PAYING THE ENTIRE AMOUNT THAT WOULD BE OWED TO AOAO UP TO THE DATE OF PAYMENT, PLUS AOAO’S ATTORNEYS’ FEES AND COSTS, AND ALL OTHER FEES AND COSTS INCURRED BY AOAO RELATED TO THE DEFAULT, UNLESS OTHERWISE AGREED TO BETWEEN AOAO AND THE UNIT LEASEHOLD 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 CANCELLED. THERE IS A ONE (1) YEAR RIGHT OF REDEMPTION SUBJECT TO ANY APPLICABLE TOLLING PROVIDED FOR IN 50 U.S.C. 526(b). IF THE DEFAULT IS SO CURED, THE PUBLIC SALE SHALL BE CANCELLED." Public sale shall be conducted by Christopher Shea Goodwin AAL LLLC, attorneys for AOAO, 737 Bishop Street, Suite 1640, Honolulu, HI 96813. Tel: 808-531-6465. (SA1053183 12/3/17)