NOTICE OF FORECLOSURE SALE
U.S., Bank National Association, not in its individual capacity but solely as Trustee for RMAC Trust, Series 2016-CTT v. David Stephen Schmidt, et al., Civil No. 5CC161000003
2721 Poipu Road, Koloa, Kauai, Hawaii
TMK: (4) 2-8-015-076-0050 (Fee simple)
Apartment No. 501 (hereinafter called the "Apartment") comprising a portion of "WAIKOMO STREAM VILLAS", a condominium project (hereinafter called the "Project") as described in and established by Declaration of Horizontal Property Regime dated February 12, 1980, filed in the Office of the Assistant Registrar of the Land Court as Document No. 997814, and also recorded in the Bureau of Conveyances of the State of Hawaii in Liber 14509 Page 666, as the same may have been amended from time to time (hereafter called the "Declaration") as shown on the plans of the Project filed in said Office as Condominium Map No. 405, and recorded in said Bureau as Condominium File Plan No. 685 as the same may have been amended from time to time (hereinafter called the "Condominium Map").
TOGETHER WITH the following appurtenant easements:
(a) The parking license described in that certain Declaration.
(b) Nonexclusive easements in the common elements designated for such purposes for ingress to, egress from, utility services for and support, maintenance and repair of said apartment, in the other common elements for use according to their respective purposes and in all other apartments of the project for support.
An undivided 1.48546% interest in all common elements of the project including the land upon which said project is located as established for said Apartment by the Declaration, as amended, or such other percentage interest as hereinafter established for said apartment by any amendments to the Declaration, as tenant in common with the other owners and tenants thereof.
Being all of the property described in and covered by Transfer Certificate of Title No. 905,253.
OPEN FOR INSPECTION
January 31, 2023 1:00 – 3:00 p.m.
March 4, 2023 1:00 – 3:00 p.m.
AUCTION DATE: March 10, 2023 at 12:00 noon, Fifth Circuit Court Building, Kaana Street, Lihue, Hawaii.
TERMS OF SALE: No upset price. Property sold "as is" condition at public auction with 10% of highest bid payable in cash, certified or cashier’s check at close of auction, balance payable upon delivery of title. Potential bidders must be able to provide proof of his ability to comply with 10% of bid requirement prior to participating in the public auction. Buyer shall pay all costs of closing including escrow, conveyance and recordation fee, conveyance taxes and is responsible for securing possession of the property upon recordation. SALE SUBJECT TO COURT CONFIRMATION.
For further information call:
Jonathan J. Chun, Esq.
Belles Graham LLP
3135 Akahi Street, Suite A
Lihue, Kauai, Hawaii 96766
Telephone: 808-245-4705, Ext. 230
(TGI1403008 1/26, 2/2, 2/9/23)