NOTICE OF FORECLOSURE SALE

Capital One, N.A. vs. Clifford Kamalani Dixon, Individually; Clifford Kamalani Dixon, as Trustee of "The 2005 Clifford Kamalani Dixon Revocable Living Trust", dated November 29, 2005; et. al.
Fifth Circuit Court, State of Hawaii (Civil No. 16-1-0083)

356 Miulana Place
Kapaa, Hawaii 96746
TMK: (4) 4-1-006-080
Fee Simple

Two bedrooms, two full baths
(property has various additional unpermitted improvements)

OPEN FOR INSPECTION

February 3, 2018 (Saturday) 10:00 am to Noon

February 10, 2018 (Saturday) 10:00 am to Noon

AUCTION DATE: Monday, February 26, 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, 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, cashier’s check, or certified check at close of the auction; balance payable in cash or certified 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 may, under certain conditions, 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 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 Plantiff may be credited against the total bid price which Plaintiff shall make at said foreclosure sale.

The Commissioner may require that the sale close through an escrow, even if the purchaser does not require one. Buyer shall pay all costs and expenses of closing of the sale including, but not limited to, costs of the conveyance, costs of preparing and recording the conveyance document, conveyance taxes, notary fees, consent fees, escrow and recording fees, any proof of title or title insurance, title insurance premiums, notary fees, costs of securing possession of the Property after closing, and any further orders of the Court. The purchaser’s securing of possession of the property, and the purchaser’s inability to secure title insurance or financing, cannot constitute conditions of closing of the sale.

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 102
Lihue, Hawaii 96766
Telephone: (808) 632-2267

ALL INFORMATION ABOVE SHOULD
BE VERIFIED BY INTERESTED PARTIES

(TGI1066719 1/26, 2/2/, 2/9/18)