Hawaii Tribune-Herald
Notice #: 0001337798-01

NOTICE OF COMMISSIONER’S SALE BY AUCTION Pursuant to the Findings of Fact and Conclusions of Law and Order Granting Plaintiff’s Motion for Default Judgment and Interlocutory Decree of Foreclosure filed in the below- named court action, the undersigned Commissioner will sell the following real property at public auction at the date, time and place set forth below. COURT ACTION: U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF9 MASTER PARTICIPATION TRUST., Plaintiff vs. BRIAN MARSHALL WELLS;UNITED STATES OF AMERICA-DEPARTMENT OF THE TREASURY-INTERNAL REVENUE SERVICE; DEPARTMENT OF TAXATION-STATE OF HAWAII; LEILANI COMMUNITY ASSOCIATION; JOHN DOES 1-20; JANE DOES 1-20; DOE CORPORATIONS 1-20; DOE ENTITIES 1-20; AND DOE GOVERNMENTAL UNITS 1-20, Defendants. CIVIL NO. 19-1-0102 (Foreclosure), Third Circuit Court, State of Hawaii. PROPERTY DESCRIPTION: Tax Map Key No. (3) 1-3-012-003-0000 13-3420 Kula Street, Pahoa, Hawaii 96778 Single Family Residence, 3 bedrooms, 2.5 bathrooms, 3,440 sq. ft., Lot 1 acre. LOCATION/ DIRECTIONS: 13-3420 Kula Street, Pahoa, Hawaii 96778 From Hilo: Take Hawaii Belt Road (HI-11) Turn left onto HI-130, Keaau Pahoa Bypass Rd. Continue to follow HI-130. Turn left onto Leilani Avenue, turn right onto Kula Street, destination will be on the right. OPEN HOUSES: Friday, 09/10/21 and Friday, 09/17/21 Time: 10:00 a.m.-12:00p.m. DATE AND LOCATION OF AUCTION: Monday, October 4, 2021 at 10:00 a.m. Entrance of the Judiciary Complex/ Hale Kaulike Building, at 777 Kilauea Ave., Hilo, HI 96720 TERMS OF SALE: Property to be sold “as is” to the highest bidder by the court appointed commissioner at a public auction. No upset price, but any sale is subject to court confirmation. SALE IS NOT FINAL UNTIL APPROVED AND CONFIRMED BY THE COURT IN A COURT ORDER. Deposit of ten percent (10%) of the amount of the bid price in cash, cashier’s check or certified check is due at close of bidding. Bidders not authorized by the court must show proof to the Commissioner of their ability to pay the required deposit prior to bidding. Balance of bid price is due upon court approval and confirmation of sale. If the balance is not paid to Commissioner upon approval and confirmation of sale, the ten percent (10%) deposit may be forfeited. Purchaser shall pay all costs of conveyance, including escrow documents, conveyance tax, recording fees, etc., and shall be responsible for securing possession of the property and all costs incident thereto. NOTICE: Open House and Auction participants and observers must maintain a six-foot physical distance separation and must wear a mask over their nose and mouth (unless a participant or observer has a disability and cannot wear a mask or cannot safely wear a mask, for reasons related to the disability). Open house shall have no more than ten (10) people in a dwelling at a time. No person shall participate in an auction or open house if they: (1) have a fever, cough, shortness of breath or difficulty breathing, or other symptoms of respiratory illness or of COVID-19; (2) have had close prolonged contact with a person who has or is suspected to have COVID-19; or (3) have traveled outside of Hawai’i in the ten (10) days prior to the auction or open house and have not satisfied the negative test exception to the mandatory self-quarantine period, subject to any subsequent out-of-state travel restrictions imposed through Statewide or County emergency orders, rules, or proclamations. FOR FURTHER INFORMATION: Contact IVAN L. VAN LEER, Commissioner, P.O. Box 1297, Pahoa, Hawaii 96778, Tel No. (808)-965-0270; email ivanvanleer@yahoo.com. (HTH1337798 9/5, 9/12, 9/19/21)