NOTICE OF ASSOCIATION’S NON-JUDICIAL FORECLOSURE
UNDER POWER OF SALE
Foreclosing Party: The Association of Unit Owners of the Town Homes at Ka Makana at Hoakalei, Increment I ("Association"), as Lienholder, under and pursuant to Sections 514B-146 and 667-91 through 667-104, HRS, as amended.
Property information: 91-1385 Kai`Okia St, #2205, Ewa Beach, HI 96706 (TMK No. 1-9-1-134-030-0011).
Owner information: James George Elbert, II & JoAnne Cabriza Elbert
Other Creditors: Department of Budget and Fiscal Services, Department of Taxation, and MERS
Public auction: 10th day of August 2018 at 12 PM at the Hawaii State Capitol, 415 South Beretania Street, Honolulu, Hawaii 96813 (at the rotunda area on the steps leading down to the Queen Liliuokalani Statue)
Open Houses: NONE
Delinquency: $20,987.35 as of June 8, 2018. Opening Bid: $1
Terms of the sale are: (1) no upset price; (2) property sold strictly "AS IS" and "WHERE IS" condition and "SUBJECT TO" any prior liens and outstanding real property taxes; (3) property sold without warranty of title or any other warranty, express or implied, as to title, possession or encumbrances. Property is believed to have encumbrances; (4) Purchaser must pay 10% of the highest successful bid price in cash, certified or cashier’s check at close of auction and prior to bidding must show proof of ability to make such payment; (5) property is to be conveyed by Association’s quitclaim conveyance and upon performance by Purchaser, no later than 21 days after payment of all costs and fees related to the sale; (6) Purchaser is responsible for all title insurance, however, availability of title or other insurance shall not be a condition of closing; (7) the Association may credit bid; (8) Purchaser is responsible for obtaining possession after closing; (9) Any delay in performance by Purchaser which prevents the closing from occurring within 45 days after the auction shall cause Association to sustain damages in amounts which will be difficult to ascertain. In the event the sale does not close because of any delay in performance by Purchaser as herein stated, the 10% down payment may be retained by Association as liquidated damages and not as a penalty; (10) Association’s sole liability shall be the return of the bid funds tendered by Purchaser. Purchaser shall have no further recourse against Association, or its officers, members, directors, agents, attorneys, servicers and auctioneers; directors, agents, attorneys, servicers and auctioneers; (11) If the sale does not close within the statutory time period due to the Purchaser’s failure to pay, the Association, in its discretion, may then accept the bid of the next highest bidder who meets the requirements of the terms and conditions of the public sale; and (12) the sale may be postponed from time to time by public announcement made by Association or someone acting on its behalf and
pursuant to HRS Section 667-97.
"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."
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Public sale will be conducted by The Rickel Law Firm, attorneys for the Association, 1099 Alakea St., Ste 2110, Honolulu, Hawaii 96813; Tel: 855-752-7156; Cell: 586-415-8700.