NOTICE OF FORECLOSURE SALE COURT ACTION: Tahan’aineo Seedtime&Harvest LLC v. Christopher Hiram Himan, Jr.; County of Hawaii, et al., Civil No. 3CCV-20- 0000157 DESCRIPTION: Lot: 6.416 acres Structures: One (1) 24 x 8 foot container Two (2) 40 x 8 foot containers LOCATION: Lot 5490, Map 49, Application No. 1053, commonly known as Road 9 (Koloa Maoli) in Hawaiian Acres. South on Highway 11, left onto Kualii Road (into Hawaiian Acres Subdivision), right onto Old Volcano Trail (“Road A”), left onto Moho Road, left onto Ale Road (“Road F”) until end of the road where it intersects with Koloa Maoli Road. After turning left onto unpaved Koloa Maoli Road, property is first one on the right. Lot access is overgrown/muddy. TAX MAP KEY: (3) 1-6-046-073 ZONING: Ag-3 (Agricultural, 3 acres) OPEN HOUSE: Date: Saturday, October 16, 2021 Time: 8:00 a.m. to 10:00 a.m. Date: Sunday, October 17, 2021 Time: 8:00 a.m. to 10:00 a.m. AUCTION DATE: Date: Wednesday, November 3, 2021 Time: 12:00 noon Place: Front Entrance to Hale Kaulike 777 Kilauea Avenue, Hilo, Hawaii TERMS OF SALE: The Commissioner shall sell the Property at a public or private sale. In the event that the Property is sold at public auction, there shall be no upset price at the sale, and the Property shall be sold “as is”, without any representations or warranties as to title or possession. Upon fall of the hammer, the successful bidder shall pay a down payment to the Commissioner, by cash or certified check, in an amount not less than ten percent (10%) of the successful bid price, with the exception of Plaintiff, who may use the amount of its secured indebtedness as the required ten percent (10%) down payment. The balance shall be paid concurrently with delivery of the documents transferring title. At the Court’s discretion, ten percent (10%) of the purchase price may be forfeited as reasonable damages in full or in part if the purchaser fails to close within the time set forth by the Court. In no event shall reasonable damages be greater than 10% of the purchase price. Plaintiff, or their designee, is authorized to be a purchaser at any sale, without the requirement of any down payment at said sale. If Plaintiff is the highest bidder, payment of the down payment and the balance of the sale price shall be made by offset against the amount owed to Plaintiff. The purchaser shall pay closing costs, including but not limited to costs for escrow fees, title insurance premiums, conveyance document preparation fees, prorated real property and conveyance tax, recordation and costs of securing possession after closing. The inability of the purchaser to secure title insurance or financing shall not be a condition of closing. The sale shall not be final until approved by the Circuit Court of the Third Circuit, State of Hawaii. FOR MORE INFORMATION: Jo Anne E. Goya, Commissioner P. O. Box 130 Keaau, Hawaii 96749 Telephone No.: (808) 961-4484 (HTH1343876 10/1, 10/8, 10/15/21)