NOTICE OF FORECLOSURE SALE COURT ACTION: VICINO LIMITED PARTNERSHIP v. PUAINAKO HEIGHTS LAND INVESTMENT, LLC; TURHAN ALP ATABAY; COUNTY OF HAWAII; HAWAII NATIONAL BANK, et al., Civil No. 3CCV-22-0000418; Third Circuit Court, State of Hawaii. The undersigned Commissioner will sell at public auction the following described properties on the date and time set forth below. PROPERTY DESCRIPTION: All of those certain parcels of land (being portion(s) of the land(s) described in and covered by Royal Patent Number 5706, Land Commission Award Number 8521-B, Apana 2 to G.D. Hueu) situate, lying and being at Kukuau 2nd, District of South Hilo, Island and County of Hawaii, State of Hawaii, of the “PUAINAKO HEIGHTS SUBDIVISION”, as shown on the map prepared by Ryan M. Suzuki, Land Surveyor, with R.M. Towill Corporation, dated November 7, 2003, revised July 17, 2006, approved by the Planning Director, County of Hawaii, SUB-04-000090, on September 25, 2006: TMK (3) 2-5-049-057; (3) 2-5-049-058; (3) 2-5-049-059; (3) 2-5-049-060; (3) 2-5-049-061; (3) 2-5-049-062; (3) 2-5-049-063; (3) 2-5-049-064; (3) 2-5-049-065; (3) 2-5-049-066; (3) 2-5-049-067; (3) 2-5-049-068; (3) 2-5-049-069; (3) 2-5-049-070; (3) 2-5-049-071; (3) 2-5-049-072; (3) 2-5-049-073; (3) 2-5-049-074; (3) 2-5-051-058; (3) 2-5-051-059; (3) 2-5-051-060; (3) 2-5-051-061; (3) 2-5-051-062; (3) 2-5-051-063; (3) 2-5-051-064; (3) 2-5-051-065; (3) 2-5-051-066; (3) 2-5-051-067; (3) 2-5-051-068; (3) 2-5-051-069; (3) 2-5-051-070; (3) 2-5-051-071; (3) 2-5-051-072; (3) 2-5-051-073; (3) 2-5-050-069; (3) 2-5-050-70; (3) 2-5-050-071; (3) 2-5-50-072; (3) 2-5-050-073; (3) 2-5-050-074; (3) 2-5-050-075; (3) 2-5-050-076; (3) 2-5-050-077; (3) 2-5-050-078; (3) 2-5-050-079; (3) 2-5-050-080; (3) 2-5-050-081; (3) 2-5-049-076; (3) 2-5-049-077; (3) 2-5-050-084; (3) 2-5-046-015; (3) 2-5-046-016; (3) 2-5-046-017; (3) 2-5-049-075. All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal Patent Number 5706, Land Commission Award Number 8521-B, Apana 2 to G.D. Hueu) situate, lying and being at Kukuau 2nd, District of South Hilo, Island and County of Hawaii, State of Hawaii, being LOT 50-A of the consolidation of Lots 5-A and 50 and resubdivision into Lots 5-A-1 and 50-A (Active Park, Puainako Heights Subdivision, Phase I), as shown on the map prepared by Dan L.M. Akita, Land Surveyor, with R.M. Towill Corporation, dated June 18, 2008 and March 2, 2009, approved by the Planning Director, County of Hawaii, SUB-08-000783, on April 1, 2009, bearing tax key designation (3) 2-5-050-por. 082, and containing an area of 4.433 acres, more or less. All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal Patent Number 5706, Land Commission Award Number 8521-B, Apana 2 to G.D. Hueu) situate, lying and being at Kukuau 2nd, District of South Hilo, Island and County of Hawaii, State of Hawaii, being LOT E-1, same being the subdivision of Remnant E, bearing tax key designation (3) 2-5-046-014, and containing an area of 28.089 acres, more or less. All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal Patent Number 5706, Land Commission Award Number 8521-B, Apana 2 to G.D. Hueu) situate, lying and being at Kukuau 2nd, District of South Hilo, Island and County of Hawaii, State of Hawaii, being REMNANT LOT F-2, bearing tax key designation (3) 2-5-046-019, and containing an area of 4.684 acres, more or less. All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal Patent Number 5706, Land Commission Award Number 8521-B, Apana 2 to G.D. Hueu) situate, lying and being at Kukuau 2nd, District of South Hilo, Island and County of Hawaii, State of Hawaii, being LOT 51 of the “PUAINAKO HEIGHTS SUBDIVISION”, as shown on the map prepared by Ryan M. Suzuki, Land Surveyor, with R.M. Towill Corporation, dated November 7, 2003, revised July 17, 2006, approved by the Planning Director,, County of Hawaii, SUB-04-000090 bearing Tax Key designation (3) 2-5-046-001, and containing an area of 13.063 acres, more or less. All of that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal Patent Number 5706, Land Commission Award Number 8521-B, Apana 2 to G.D. Hueu) situate, lying and being at Kukuau 2nd, District of South Hilo, Island and County of Hawaii, State of Hawaii, being LOT R-2 of the “PUAINAKO HEIGHTS SUBDIVISION”, as shown on the map prepared by Ryan M. Suzuki, Land Surveyor, with R.M. Towill Corporation, dated November 7, 2003, revised July 17, 2006, approved by the Planning Director, County of Hawaii, SUB-04-000090 bearing Tax Key designation (3) 2-5-050-083, and containing an area of 2.144 acres, more or less. All of those certain parcels of land (being portion(s) of the land(s) described in and covered by Royal Patent Number 5706, Land Commission Award Number 8521-B, Apana 2 to G.D. Hueu) situate, lying and being at Kukuau 2nd, District of South Hilo, Island and County of Hawaii, State of Hawaii, being LOT 19-A of the consolidation of Lots 4-A, 19, and 20, and resubdivision into Lots 4-A-1, 19-A and 20-A, being also a portion of Lots 19 and 20 of the “Puainako Heights Subdivision, Phase 1”, as shown on the map prepared by Wayne A. Subica, Jr., Land Surveyor, with Imata and Associates, Inc., dated April 2, 2018, revised May 23, 2018, approved by the Planning Director, County of Hawaii, SUB-18-001802 REV, on June 1, 2018, containing an area of 11,879 square feet, more or less, and being more particularly described in AFFIDAVIT recorded as Document No. A-67440718. All of those certain parcels of land (being portion(s) of the land(s) described in and covered by Royal Patent Number 5706, Land Commission Award Number 8521-B, Apana 2 to G.D. Hueu) situate, lying and being at Kukuau 2nd, District of South Hilo, Island and County of Hawaii, State of Hawaii, being LOT 20-A of the consolidation of Lots 4-A, 19, and 20, and resubdivision into Lots 4-A-1, 19-A and 20-A, being also a portion of Lot 20 of the “Puainako Heights Subdivision, Phase 1”, as shown on the map prepared by Wayne A. Subica, Jr., Land Surveyor, with Imata and Associates, Inc., dated April 2, 2018, revised May 23, 2018, approved by the Planning Director, County of Hawaii, SUB-18-001802 REV, on June 1, 2018, containing an area of 14,150 square feet, more or less, and being more particularly described in AFFIDAVIT recorded as Document No. A-67440718. LOCATION: Drive mauka on Puainako Street, turn left on S. Wilder Road, turn left on Ioana Street and go to the dead end. IMPROVEMENTS: None. OPEN HOUSE: Saturday April 27, 2024, 10:00 a.m. to 12; Sunday April 28, 2024, same times. Maps and location of properties will be made available. DATE AND TIME OF AUCTION: Tuesday, May 21, 2024 at 12:00 Noon. PLACE OF AUCTION: Entrance (flagpole) area of Hale Kaulike (State Judiciary Building), 777 Kilauea Avenue, Hilo, Hawaii. TERMS OF SALE: The sale will be for all properties in bulk and not individual lot sales. No upset price. The properties will be sold “AS IS” to the highest bidder at public auction. SALE IS NOT FINAL UNTIL APPROVED AND CONFIRMED BY THE COURT. The highest bidder is required to make a down payment in cash, by certified or cashier’s check at the time of auction in the amount of TEN PERCENT (10%) of the highest bid price. The down payment may be subject to forfeiture if the successful bidder fails to pay the remaining balance of the bid, fails to complete the transaction in a timely manner, or as otherwise ordered by the Court. The balance of the price shall be paid in cash, certified or cashier’s check to the Commissioner upon approval and confirmation of the sale by the Court and tender of the document transferring title. Costs of conveyance, including the conveyance tax, the costs of any escrow, title insurance, securing possession of the subject property and recording of such conveyance, shall be at the expense of such successful purchaser. Neither the availability of title insurance nor securing possession of the subject property shall be a condition of closing. ADDITIONAL INFORMATION: Contact Paul K. Hamano, Attorney At Law, Commissioner, P. O. Box 574, Hilo, Hawaii, 96721. Telephone (808) 935-3336. (HTH1452385 4/21, 4/28, 5/5/24)