NOTICE OF COMMISSIONER’S SALE BY AUCTION COURT ACTION: Bank of New York Mellon Trust Company v. Jennifer Shimada Heimgartner as Special Administrator to the Estate of Harry Vincent Medeiros, et al; Case No. 3CC16-1-000003; Third Circuit Court, State of Hawaii PROPERTY DESCRIPTION: TMK (3)-1-6-097-033, located on that certain fee simple parcel of land situate at Keaau, District of Puna, Island, County and State of Hawaii, being Lot 1, in Block 59, as shown on Map 70 filed with the Office of the Assistant Registrar of the Land Court of the State of Hawaii with Land Court Application No. 1053 (amended) of W. H. Shipman, Limited; 12,000 square feet, more or less. LOCATION/DIRECTIONS: 16-2035 Vanda Drive, Keaau, Hawaii. From Hilo, take Highway 11/Hawaii Belt Road towards Volcano. Use the left 2 lanes to turn left onto HI-130/Keaau Pahoa Bypass Road. Continue on the HI-130 for 7.7 miles. At the traffic circle, take the 1st exit onto Ainaloa Boulevard and continue for .4 miles. Turn left onto Vanda Drive and the Property will be the first house on the left-hand side of the road. IMPROVEMENTS: single-family residence built in 1976, 1,680 living area; 5 rooms, including 3 bedrooms, 2 full baths, covered open carport OPEN HOUSES: 1. Saturday, October 23, 2021 11:00 a.m. to 1:00 p.m. 2. Sunday, October 24, 2021 12:00 p.m. to 2:00 p.m. DATE AND TIME OF AUCTION: Wednesday, November 17, 2021 at 12:00 noon PLACE OF AUCTION: Entrance of the Judiciary Complex (Hale Kaulike), 777 Kilauea Avenue, Hilo, HI 96720 All auction attendees must maintain a six-foot physical distance separation and must wear a mask over their nose and mouth at all times (unless prevented from doing so by a disability). Furthermore, attendees must comply with all CDC guidelines, all state and county requirements and all applicable court orders relating to COVID-19. TERMS OF SALE: No upset price. The property will be sold “as is” 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 bidded 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 conveyance tax, 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 Jill M. Hasegawa, Esq., Commissioner, 688 Kinoole Street, Suite 203, Hilo, Hawaii 96720; phone: (808) 935-5732; fax: (808) 935-7120; email: haseoffice.hi@gmail.com (HTH1345756 10/14, 10/21, 10/28/21)