NOTICE OF AOAO’S NON-JUDICIAL FORECLOSURE
UNDER POWER OF SALE
Foreclosing Party: AOAO Hale Kaanapali (“AOAO”), as Lienholder, under and pursuant to Sections 514B-146, 667-21 through 667-42, and 667-91 through 667-104 HRS, as amended.
Foreclosing Lien Information: That Certain Notice of Lien for Unpaid Assessments and/or Fees, filed on May 23, 2017 with the Office of the Assistant Registrar of the Land Court for the State of Hawaii as Land Court Document No. T-10004271 and noted on Transfer Certificate of Title No. 841,547.
Delinquency: Unpaid balance as of April 12, 2018: $8,558.41. Opening Bid: $1.00
Property Description: Address: 45 Kai Ala Dr., Unit No. A-505, Lahaina, HI 96761; Current Owner: Joseph Cefalia III, as Tenant In Severalty, Fee Owner; Description of Unit: (1 BR, 1 BA, 920 s.f. living area); T.M.K.: (2) 4-4-006-011, C.P. R. No. 0090, Apt. No. A-505; Monthly Fees (2018): Maintenance $1,613.99, Loan Assessment $40.63, NURC $50.86, NURC Reserve $1.39, Capital Reserve $299.44; Taxes: 2018 Real Property Tax: 2,190.24 semi-annual.
List of Prior/Junior Creditors: Mortgage Electronic Registration Systems, Inc., solely as nominee for Countrywide Home Loans, Inc.; State of Hawaii, Department of Taxation; County of Maui, Real Property Assessment Division.
THERE WILL BE NO OPEN HOUSES.
PUBLIC AUCTION: Wednesday, June 27, 2018, at 12:00 noon; State Building located at 54 High St., Wailuku, HI 96793 (First Floor Makai Lanai).
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 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 the AOAO or someone acting on its behalf.
“THE DEFAULT 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 AOAO UP TO THE DATE OF PAYMENT, PLUS THE AOAO’S ATTORNEY’S FEES AND COSTS, AND ALL OTHER FEES AND COSTS INCURRED BY THE FORECLOSING AOAO RELATED TO THE DEFAULT, UNLESS OTHERWISE AGREED TO BETWEEN THE AOAO AND THE UNIT OWNER. THERE MAY BE A RIGHT OF REDEMPTION PURSUANT TO HAWAII REVISED STATUTES SECTION 667-92(f)(2). 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 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 the AOAO, 737 Bishop Street, Suite 1640, Honolulu, HI 96813. Tel: 808-531-6465.
(SA1091552 4/22/18)
