Hawaii Tribune-Herald
Notice #: 0001419991-02

NOTICE OF FORECLOSURE SALE COURT ACTION: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AGRENT SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-M1, UNDER THE POOLING AND SERVICING AGREEMENT DATED JUNE 1, 2006 vs. WESLEY F. TOMLINSON, ET AL., Civil No. 3CCV-21-0000104, Third Circuit Court, State of Hawaii. PROPERTY DESCRIPTION: Lot 17, Waiakea Estates Subdivision, land situated at Waiakea, South Hilo, Island of Hawaii, Hawaii. Being a portion of Gran 10, 493 to Mabel P. Chilson, being also a portion of Lot 915, Waiakea Homesteads, Second Series, and, and containing an area of 10,304 square feet, more or less. Together with a non-exclusive easement for road purposes. TAX MAP KEY: (3) 2-4-038:113 PROPERTY ADDRESS: 856 Hoolala Place, Hilo, HI 96720 SITE IMPROVEMENTS: Three bedroom, two bath dwelling. Two car carport. (1384 square feet). Built in 1988. AUCTION: Date: Thursday, July 13, 2023 Time: 12:00 p.m. (noon) Place: Front entrance of Hale Kaulike (State Judiciary Building), 777 Kilauea Avenue, Hilo, Hawaii. TERMS OF SALE: The property shall be sold in an “AS IS” condition without any representations or warranties whatsoever as to title or possession and by way of a quitclaim conveyance upon the following terms: No upset price. Plaintiff and all parties are authorized to purchase the property at the foreclosure sale. The Commissioner shall accept the highest bid made at the foreclosure sale. The successful bidder(s) at the sale shall make a down payment to the Commissioner in an amount not less than ten percent (10%) of the highest successful bid price, such payment to be made in cash, money order, by certified or cashier’s check, provided that the Plaintiff may satisfy the down payment by way of offset up to the amount of its secured debt (“credit bid”). Prior to bidding, interested parties must show the Commissioner their present ability to make the required down payment immediately upon the close of bidding. At the Court’s discretion, the 10% down payment may be forfeited in full or in part if the purchaser(s) shall fail to pay the balance of the purchase price as hereinafter set forth. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of the sale. A further hearing shall be held in this action to consider confirmation of the Commissioner’s sale. At the hearing, the Court may, for good cause shown, allow further bidding. In the event further bidding is allowed, the first post auction bid must be at least one hundred five percent (105%) of the highest bid at the Commissioner’s sale. If the purchaser is a third party (not the plaintiff), the Commissioner shall open escrow at a licensed escrow company in the State of Hawaii to close the foreclosure sale of the property. All costs and expenses of the closing of the sale, including without limitation, the costs of conveyance, including the preparation of the conveyance document, conveyance tax, escrow and recording fees, any proof of title or title insurance, and notary fees, as well as the costs of securing possession of the property shall be paid by the purchaser(s). Neither the availability of title insurance nor securing possession of the mortgaged property shall be a condition of closing. The public sale may be either postponed or canceled by the Commissioner. The sale shall not be final until approved and confirmed by the Court. VIEWING: Saturday, June 24, 2023 9:00 a.m. to 11:00 a.m. Saturday, July 1, 2023 9:00 a.m. to 11:00 a.m. FOR MORE INFORMATION CONTACT: Aaron S. Y. Chung, Commissioner P.O. Box 11458 Hilo, Hawaii 96721 Phone: (808)937-4772 Email: aaronchung@hawaii.rr.com (HTH1418483 6/11, 6/18, 6/25/23)