NOTICE OF FORECLOSURE SALE
HSBC Bank USA, National Association,
as Trustee of J.P. Morgan Alternative Loan Trust 2006-A5
vs. Adir Gadiel; Eran Gelbart; Association of Apartment
Owners of Kauai Beach Resort, et. al.
Civil no. 12-1-0226 (Foreclosure) (Fifth Circuit Court, State of Hawaii)
4331 Kauai Beach Drive, Unit #3116
(Kauai Beach Resort)
Kapaa, Kauai, Hawaii 96766
TMK: (4) 3-7-003-015-0258
Approximately 320 sq. ft.
First floor unit- studio, one full bathroom, closet, small lanai;
located in Nukoli’i, Kauai; near beach
OPEN FOR INSPECTION
April 14, 2018 (Saturday) 10:00 a.m. to noon
April 21, 2018 (Saturday) 10:00 a.m. to noon
AUCTION DATE: May 16, 2018 at 12:00 noon, Lihue Judicial Complex, 3970 Ka’ana Street (front steps), Lihue, Kauai, Hawaii
TERMS OF SALE: No upset price. Property is sold in “AS IS” and “WHERE IS” condition at public auction or by private sale, without any representations or warranties of any nature, express or implied, including any warranty or representation as to title or possession, by way of quitclaim conveyance, with 10% (ten percent) of highest bid payable in cash, money order, certified check, or cashier’s check at close of the auction; balance payable in cash, money order, certified check, or cashier’s check upon Court approval and confirmation of sale. Potential bidders must be able to provide proof of buyer’s ability to comply with 10% of bid requirement prior to participating in the public auction. At the Court’s discretion, the 10% down payment may be forfeited in full or in part if the purchaser fails to pay the balance of the purchase price as required. The Court will, under certain conditions, also reopen the auction and accept bids in Court at the confirmation hearing on the sale of the Property. Personalty (i.e., items that are not fixtures) are NOT included in the sale of the Property.
Plaintiff HSBC Bank USA, National Association, as Trustee of J.P. Morgan Alternative Loan Trust 2006 (“HSBC Bank”) is authorized to be a purchaser at the foreclosure sale described herein, and the amount determined by the Court to be due and owing to HSBC Bank may be credited against the total bid price which HSBC Bank shall make at said foreclosure sale.
Buyer shall pay all costs and expenses of closing including, but not limited to, costs of conveyancing, costs of drafting the conveyance document, conveyance taxes, notary fees, consent fees, escrow and recording fees, any proof of title or title insurance, costs of securing possession of the Property and costs arising out of any orders of the Court. Neither the availability of title insurance nor securing possession of the Property shall be a condition of closing. Buyer is responsible for payment of any and all outstanding and unpaid dues, fees, assessments, and other charges of the AOAO Kauai Beach Resort up to the maximum amount permitted by law. SALE IS NOT FINAL UNTIL APPROVED AND CONFIRMED BY THE COURT.
For further information and a Fact Sheet regarding the Property call:
Galen T. Nakamura, Commissioner
4357 Rice Street, Suite 201
Lihue, Hawaii 96766
Telephone: (808) 632-2267
ALL INFORMATION ABOVE SHOULD
BE VERIFIED BY INTERESTED PARTIES
(TGI1089032 4/13, 4/20, 4/27/18)