PUBLIC NOTICE OF PUBLIC SALE:
ASSOCIATION’S NONJUDICIAL FORECLOSURE
UNDER POWER OF SALE

Association of Apartment Owners of the Cliffs at Princeville (“Association”), as Lienholder, gives notice of the public sale on Friday, July 12, 2019 at 12:00 noon on the front steps of the Circuit Court of the Fifth Circuit, Pu’uhonua Kaulike Building, 3970 Ka’ana Street, Lihue, Hawaii of the fee simple interest in 3811 Edward Road, Apartment 2201, Princeville, Kauai, Hawaii 96722 (TMK (4) 5-4-005-039 CPR No. 0041)

Terms of Sale: (1) no upset price; (2) sold strictly in “as is” condition and “subject to” any prior liens and outstanding real property taxes; (3) sold without covenant or warranty, express or implied, as to title, possession or encumbrances; (4) at close of auction, Purchaser must pay 10% of highest successful bid price in cash or by cashier’s or certified check and balance of bid price shall be paid within 21 days of the auction; (5) bidders must show proof of ability to make required down payment; (6) the Association may credit bid; (7) Purchaser is responsible for all costs of closing including conveyance documents, taxes, notary, escrow and recording fees, title insurance, and securing possession of property; (8) failure to complete purchase within 45 days after public sale, 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 the Association as liquidated damages and not as a penalty; (9) the 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; and (10) the sale may be postponed from time to time by public announcement made by Association or someone acting on its behalf. 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.

Public sale will be conducted by Kobayashi Sugita & Goda, LLP, attorneys for the Association (attn: Jesse D. Franklin-Murdock, Esq.), 999 Bishop Street, Suite 2600, Honolulu, Hawaii 96813; Phone: (808) 535-5700.
(SA1197735 5/8, 5/15, 5/22/19)