NOTICE OF FORECLOSURE SALE BY AUCTION COURT ACTION: Bank of Hawaii v. Kevin M. Bertelmann, et al; Civil No 18-1-0304, Circuit Court of the Third Circuit,State of Hawaii. PROPERTY DESCRIPTION: All of that certain parcel of land situate at Kukuau 1st, District of South Hilo, Island and County of Hawaii, State of Hawaii LOT 10-A-1, area 98.607 acres more or less, as shown on Map 58, filed with Land Court Application 1205 (Amended) of Cooke Trust Company, Limited. LOCATION/DIRECTIONS: TMK (3) 9-5-009-068; 95-5575 Poha Street, Naalehu, 96722. From Hilo, take Highway 11 to Niu Street, turn left to Poha Street, turn right on Poha Street, house on left. IMPROVEMENTS: 3 bedroom, 1 bath, single wall, 864 sq ft, permitted in 1977, lot 10,199 square feet. OPEN HOUSES: Thursday, August 5, 2021 from 12:30p.m.- to 2:30 p.m. Tuesday, August 17, 2021 from 11:00 a.m. to 1:00 p.m. DATE, TIME AND PLACE OF PUBLIC AUCTION: Thursday, September 2, 2021 at 12:00 pm. Entrance to Hilo Judiciary, 777 Kilauea Avenue, Hilo, Hawaii 96720. PLACE OF AUCTION: Entrance of the Judiciary Complex (Hale Kaulike), 777 Kilauea Ave., Hilo, Hawaii 96720 TERMS OF SALE: No upset price. The property will be sold “as is”, without any representations or warranties as to title or possession, to the highest bidder at public auction. SALE IS NOT FINAL UNTIL APPROVED AND CONFIRMED BY 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 bided 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, securing possession of the subject property, and recording of such conveyance, shall be at the expense of such successful purchaser. ADDITIONAL INFORMATION: Contact Gary C. Zamber, Esq., Commissioner; Address: 21 Waianuenue Ave., Suite 3, Hilo, HI 96720; Tel: (808) 969-3600; Cell (808) 557-4555; Fax (808) 769-5134; email: gzamber@gmail.com THERE IS NO WARRANTY ON THE ABOVE INFORMATION. POTENTIAL BUYERS SHOULD INDEPENDENTLY VERIFY THE INFORMATION ON THIS FACT SHEET THROUGH THEIR OWN INVESTIGATION. “THE DEFAULT UNDER THE MORTGAGE AGREEMENT MAY BE CURED NO LATER THAN THREE BUSINESS DAYS BEFORE THE DATE OF THE PUBLIC SALE OF THE MORTGAGED PROPERTY BY PAYING THE ENTIRE AMOUNT WHICH WOULD BE OWED TO THE FORECLOSING MORTGAGEE IF THE PAYMENTS UNDER THE MORTGAGE AGREEMENT HAD NOT BEEN ACCELERATED, PLUS THE FORECLOSING MORTGAGEE’S ATTORNEY’S FEES AND COSTS, AND ALL OTHER FEES AND COSTS INCURRED BY THE FORECLOSING MORTGAGEE RELATED TO THE DEFAULT, UNLESS OTHERWISE AGREED TO BETWEEN THE FORECLOSING MORTGAGEE AND THE BORROWER. 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. (HTH1333129 8/1, 8/8, 8/15/21)