Residential Property Auction Details

75-5865 Walua Road, Apt. E-527, Kailua Kona, HI 96740
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75-5865 Walua Road, Apt. E-527, Kailua Kona, HI 96740
Auctioned: 5:00 PM Tuesday, August 16, 2011

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75-5865 Walua Road, Apt. E-527, Kailua Kona, HI 96740
326196 00-10-SE-HR/08-2011

1BR 2BA 816+/- sf condo. Built in 1981. Pool. HOA: Kona Pacific. HOA fees $532/M.
Property ID:326196

Auctioned: 5:00 PM Tuesday, August 16, 2011

REAL ESTATE AUCTION

Legal Description: APT E-527 KONA PACIFIC CONDO FP 676 TOG/EXCL ESMT TO USE PKG STALL SHOWN IN DECL UND 0.752271% INT IN ALL COMMON ELEMENTS INCLUDING THE LAND County: HAWAII, HI APN: 3-7-5-009-003-0098 Census Tract / Block: 216.01 / 2 Alternate APN: Township-Range-Sect: Subdivision: KONA PACIFIC Legal Book/Page: Map Reference: / 0676 Legal Lot: E 5 Tract #: Legal Block: School District: 1500030 Market Area: N. KONA Munic/Township: HAWAII Neighbor Code: AO3 FIRST – APARTMENT NO. E-527 OF THE CONDOMINIUM PROJECT KNOWN AS “KONA PACIFIC”, AS DESCRIBED IN RESTATEMENT OF THE DECLARATION OF CONDOMINIUM PROPERTY REGIME DATED EFFECTIVE MARCH 20, 1991, RECORDED IN THE BUREAU OF CONVEYANCES OF THE STATE OF HAWAII AS DOCUMENT NO. 91-162353, OF WHICH THE ORIGINAL DECLARATION DATED DECEMBER 26, 1979, IS RECORDED IN SAID BUREAU OF CONVEYANCES IN LIBER 14359 AT PAGE 204, AS AMENDED, AND AS SHOWN ON CONDOMINIUM MAP NO. 676 AND ANY AMENDMENTS THERETO. TOGETHER WITH APPURTENANT EASEMENTS AS FOLLOWS: (A) AN EXCLUSIVE EASEMENT TO USE THE PARKING SPACE(S), IF ANY, AS SHOWN IN SAID DECLARATION, AS AMENDED. (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, SUBJECT ALWAYS TO THE EXCLUSIVE USE OF THE LIMITED COMMON ELEMENTS AS PROVIDED IN THE DECLARATION AND IN ALL OTHER APARTMENTS AND LIMITED COMMON ELEMENTS OF SAID PROJECT FOR SUPPORT. SECOND- AN UNDIVIDED 0.752271% INTEREST IN ALL COMMON ELEMENTS OF THE PROJECT INCLUDING THE LANDS DESCRIBED HEREIN AS ESTABLISHED FOR SAID APARTMENT BY THE DECLARATION, OR SUCH OTHER PERCENTAGE HEREAFTER ESTABLISHED FOR SAID APARTMENT BY ANY AMENDMENT OF THE DECLARATION, AS TENANT IN COMMON WITH THE OTHER OWNERS AND TENANTS THEREOF. THE LANDS UPON WHICH SAID CONDOMINIUM PROJECT “KONA PACIFIC” IS LOCATED ARE DESCRIBED AS FOLLOWS: -PARCEL FIRST- ALL OF THAT CERTAIN PARCEL OF LAND (PORTION OF THE LAND DESCRIBED IN AND COVERED BY LAND PATENT GRANT NUMBER 4037, APANA 2 TO J. KAAEAMOKU) SITUATE, LYING AND BEING AT PUAA 2ND, DISTRICT OF NORTH KONA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, BEING A PORTION OF LOT 3 OF THE “PUAA HOMESTEADS”, AND CONTAINING AN AREA OF 57,901 SQUARE FEET OR 1.329 ACRES, MORE OR LESS. -PARCEL SECOND- ALL OF THAT CERTAIN PARCEL OF LAND (PORTION OF THE LAND DESCRIBED IN AND COVERED BY LAND PATENT GRANT NUMBER 4037, APANA 2 TO JO KAAEAMOKU) SITUATE, LYING AND BEING AT PUAA 3RD, DISTRICT OF NORTH KONA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, BEING LOT E-1, SAME BEING A PORTION OF LOT “E”, OF THE “PUAA HOMESTEADS”, CONTAINING AN AREA OF 3,013 SQUARE FEET, MORE OR LESS, AND BEING MORE PARTICULARLY DESCRIBED AS PER SURVEY OF JOHN D. WEEKS, REGISTERED LAND SURVEYOR. -PARCEL THIRD- ALL OF THAT CERTAIN PARCEL OF LAND (PORTION OF THE LAND DESCRIBED IN AND COVERED BY LAND PATENT GRANT NUMBER 4037, APANA 2 TO J. KAAEAMOKU) SITUATE, LYING AND BEING AT PUAA 2ND, DISTRICT OF KONA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, BEING LOT “A”, SAME BEING A PORTION OF LOT 3 OF THE “PUAA HOMESTEADS”, AND CONTAINING AN AREA OF 15,835 SQUARE FEET, MORE OR LESS. -PARCEL FOURTH- ALL OF THAT CERTAIN PARCEL OF LAND (PORTION OF THE LAND DESCRIBED IN AND COVERED BY LAND PATENT GRANT NUMBER 4037, APANA 2 TO J. KAAEAMOKU) SITUATE, LYING AND BEING AT PUAA 2ND, DISTRICT OF KONA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, BEING LOT “B”, SAME BEING A PORTION OF LOT 3 OF THE “PUAA HOMESTEADS”, AND CONTAINING AN AREA OF 15,836 SQUARE FEET, MORE OR LESS. -PARCEL FIFTH- ALL OF THAT CERTAIN PARCEL OF LAND (PORTION OF THE LAND DESCRIBED IN AND COVERED BY LAND PATENT GRANT NUMBER 4037, APANA 2 TO J. KAAEAMOKU) SITUATE, LYING AND BEING AT PUAA 2ND, DISTRICT OF KONA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, BEING LOT “C”, SAME BEING A PORTION OF LOT 3 OF THE “PUAA HOMESTEADS”, AND CONTAINING AN AREA OF 15,836 SQUARE FEET, MORE OR LESS. -PARCEL SIXTH- ALL OF THAT CERTAIN PARCEL OF LAND (PORTION OF THE LAND DESCRIBED IN AND COVERED BY LAND PATENT GRANT NUMBER 4037, APANA 2 TO J. KAAEAMOKU) SITUATE, LYING AND BEING AT PUAA 2ND, DISTRICT OF KONA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, BEING LOT “D”, SAME BEING A PORTION OF LOT 3 OF THE “PUAA HOMESTEADS”, AND CONTAINING AN AREA OF 15,835 SQUARE FEET, MORE OR LESS. SAID PARCELS OF LAND BEING MORE FULLY DESCRIBED IN RESTATEMENT OF THE DECLARATION OF CONDOMINIUM PROPERTY REGIME DATED EFFECTIVE MARCH 20, 1991, RECORDED IN THE BUREAU OF CONVEYANCES OF THE STATE OF HAWAII AS DOCUMENT NO. 91-162353, OF WHICH THE ORIGINAL DECLARATION DATED DECEMBER 26, 1979, IS RECORDED IN SAID BUREAU OF CONVEYANCES IN LIBER 14359 AT PAGE 204, AS AMENDED. BEING ALL OF THE PREMISES CONVEYED TO JANN M. PEETERS, A SINGLE WOMAN, AS HER SOLE AND SEPARATE PROPERTY (APARTMENT DEED RECORDED JUNE 13, 2008 AS REGULAR SYSTEM DOCUMENT NO. 2008-095656 OF OFFICIAL RECORDS.) TMK(S): (3) 7-5-009-003-0098


Auctioned: 5:00 PM Tuesday, August 16, 2011


Disclosures: Deed Restriction Disclosure. Buyer understands property has a short term (3 month) deed restriction prohibiting the property from being sold/encumbered for more than 120% of total purchase price.



Re-Keying the Property. Buyer acknowledges that seller will re-key the exterior doors to the property prior to closing and funding at the buyer's expense to be paid at closing.



Title/Closing Costs. Regardless of local custom, the buyer understands and agrees that the seller will pay for the owner's title policy and that the buyer will pay all other closing/transfer costs including survey, escrow, all closing fees, and all realty transfer taxes.



Association Disclosure. Buyer acknowledges and understands that property is bound by the assessments and restrictions of Kona Pacific a condo owners association, and Buyer agrees to be bound by same (Certified Management 808-443-5969 or http://www.certifiedhawaii.com). Buyer agrees to assume any special assessments/maintenance fees that may be due according to Hawaii Act 39. Dues are approximately $532 per month and are subject to change. There is a $310 transfer fee due at closing and is subject to change. No pets allowed.



Financing Disclosure. Buyer acknowledges that property condition may adversely impact the availability of financing for said property. Buyer agrees to accept 'as is, where is' and is responsible for all costs and remediation's therein. Buyer agrees to accept with no contingencies. Buyer acknowledges that seller has no obligation or responsibility to reconnect utilities for the purpose of inspection or for any other reason. Buyer further acknowledges the seller, Williams & Williams, nor its agents make any assertions or guarantees as to the condition of said property or that utilities, plumbing, or fixtures therein will meet any financing guidelines. Buyer is encouraged to perform an independent inspection.



Personal Property Not Included. Only title to the real estate is being conveyed. Personal property may be present, but is not included in the auction. Removal of personal property remaining on site at the time of closing is the responsibility of the Buyer.


Disclosures: Deed Restriction Disclosure. Buyer understands property has a short term (3 month) deed restriction prohibiting the property from being sold/encumbered for more than 120% of total purchase price.



Re-Keying the Property. Buyer acknowledges that seller will re-key the exterior doors to the property prior to closing and funding at the buyer's expense to be paid at closing.



Title/Closing Costs. Regardless of local custom, the buyer understands and agrees that the seller will pay for the owner's title policy and that the buyer will pay all other closing/transfer costs including survey, escrow, all closing fees, and all realty transfer taxes.



Association Disclosure. Buyer acknowledges and understands that property is bound by the assessments and restrictions of Kona Pacific a condo owners association, and Buyer agrees to be bound by same (Certified Management 808-443-5969 or http://www.certifiedhawaii.com). Buyer agrees to assume any special assessments/maintenance fees that may be due according to Hawaii Act 39. Dues are approximately $532 per month and are subject to change. There is a $310 transfer fee due at closing and is subject to change. No pets allowed.



Financing Disclosure. Buyer acknowledges that property condition may adversely impact the availability of financing for said property. Buyer agrees to accept 'as is, where is' and is responsible for all costs and remediation's therein. Buyer agrees to accept with no contingencies. Buyer acknowledges that seller has no obligation or responsibility to reconnect utilities for the purpose of inspection or for any other reason. Buyer further acknowledges the seller, Williams & Williams, nor its agents make any assertions or guarantees as to the condition of said property or that utilities, plumbing, or fixtures therein will meet any financing guidelines. Buyer is encouraged to perform an independent inspection.



Personal Property Not Included. Only title to the real estate is being conveyed. Personal property may be present, but is not included in the auction. Removal of personal property remaining on site at the time of closing is the responsibility of the Buyer.
Terms of Sale:

Registration at the auction confirms your agreement to the terms and conditions of sale as stated in the Contract for Sale and its Addenda (the 'Contract') which are incorporated by reference into your bidding. DO NOT BID unless you have registered, received a Bidder's Card and Sale Day Notes and have read and agreed to be bound by the terms of sale in the Contract as they are enforceable against you upon becoming a high bidder.

All properties are sold "AS IS, WHERE IS" with no financing, inspection or other contingencies to sale. Williams & Williams represents the Sellers only and does not inspect properties on bidder's behalf. Read the Contract and Sale Day Notes to determine the existence of any disclosures, exclusions, representations and disclaimers. Do not bid if you have not inspected the property(s). By bidding you agree to all disclosures.

Buyers receive a deed and Title Insurance Policy as provided by the Closer indicated in the Contract (any mobile/manufactured housing not legally affixed to the property shall only be conveyed by a Hold Harmless Agreement or Quit Claim Bill of Sale unless otherwise noted in the Disclosures). Current year's taxes are pro-rated through day of closing as is customary.

An Auction Services Fee of $3,000 OR a Buyer's Premium (Buyer's Fee in WI) of 5% will be added to the high bid and included in the total purchase price. Please see the Sale Day Notes, The Contract for Sale, and/or the Auctioneer for specifics about the property you wish to bid on.

Each high bidder must make a 5% non-refundable deposit per property ($2,500 MINIMUM - whichever is greater) immediately following auction. Cash, cashier's checks, personal checks and business checks (electronically processed) are accepted. If you are a resident / citizen of a country outside of the US, certified funds (bank check, wire transfer, certified checks) are required for the down payment and closing. The balance of the purchase price and all closing costs are due at closing. Closing costs generally total approximately $1,500 and include title exam, title policy, closing fee, filing costs and any other fees noted. If for any reason Seller does not perform or accept the terms of the Contract, the sole remedy shall be the return of Buyer's deposit.

Bidding starts at the nominal Opening Bid(s) indicated and is open to the public. The Auctioneer reserves the right to group, add to, delete, withdraw, consolidate or break down lots and/or quantities offered, to sell out of scheduled sequence, to reject any bid which is only a fraction advance over the preceding bid, to regulate bidding, to accept or reject any or all bids, and to cancel or re-schedule an auction. The Auctioneer will call the sale and control any increments of bidding. To make a bid, raise your hand or Bid Card to be recognized. The bidding usually takes less than 3 minutes for each property. Absentee bids may be accepted at the discretion of the Auctioneer. The Auctioneer reserves the right to enter bids on behalf of absentee bidders as specified in 21 NCAC 4B. Any mistakes during bidding as to who has the high bid and/or at what price may be called to the Auctioneer's attention and corrected. The Auctioneer is the sole arbiter and controller of the conduct of the auction and shall be the final and absolute authority without liability to any party.

Your inspection of the property(ies) and attendance at this auction are at your own risk. Broker and Seller, their agents and employees, expressly disclaim any "invitee" relationship and shall not be liable to any person for damage to their person or property while in, on or about these properties, nor shall they be liable for any defects, dangers or conditions on the property(ies). All persons enter the property(ies) and attend the auction at their own risk and shall defend, indemnify, and save harmless Broker and Seller, their agents and employees, from any and all liability attendant thereto.

All auctions are subject to court or seller approval. Most sales are approved within 14 days. Buyers are not allowed possession until Closing and filing of the deed, at which time the property should be re-keyed. If for any reason the court or Seller approval is not granted, the Down Payment shall be returned in its entirety to the high bidder. "Showing" requests from Buyers after the auction may not be able to be accommodated.

If more than one property is being auctioned, the Auctioneer may choose to offer a group of the properties for auction at the same time. This is called "BUYER'S CHOICE" and is to accommodate buyers who have an interest in more than one property and/or have 2nd and 3rd choices if they are out bid for a favorite property. Upon winning the bid, please choose which property, or properties, you want. You pay the high bid price for each property selected. Each sale is final and stands alone. Remaining properties are then offered in another round of bidding. Anyone may bid at any time, including prior High Bidders.

Williams & Williams and the Seller expressly disclaim any liability for errors, omissions or changes regarding any information provided for these sales. Please read the Contract and Sale Day Notes for a full and complete understanding of Williams & Williams and Seller's disclaimers. Bidders are strongly urged to rely solely upon their own inspections and opinions in preparing to purchase property and are expressly advised to not rely on any representations made by the Seller or their agents and employees. Property information may change without notice and potential purchasers should investigate all data fully before relying upon it.



Legal Description: APT E-527 KONA PACIFIC CONDO FP 676 TOG/EXCL ESMT TO USE PKG STALL SHOWN IN DECL UND 0.752271% INT IN ALL COMMON ELEMENTS INCLUDING THE LAND County: HAWAII, HI APN: 3-7-5-009-003-0098 Census Tract / Block: 216.01 / 2 Alternate APN: Township-Range-Sect: Subdivision: KONA PACIFIC Legal Book/Page: Map Reference: / 0676 Legal Lot: E 5 Tract #: Legal Block: School District: 1500030 Market Area: N. KONA Munic/Township: HAWAII Neighbor Code: AO3 FIRST – APARTMENT NO. E-527 OF THE CONDOMINIUM PROJECT KNOWN AS “KONA PACIFIC”, AS DESCRIBED IN RESTATEMENT OF THE DECLARATION OF CONDOMINIUM PROPERTY REGIME DATED EFFECTIVE MARCH 20, 1991, RECORDED IN THE BUREAU OF CONVEYANCES OF THE STATE OF HAWAII AS DOCUMENT NO. 91-162353, OF WHICH THE ORIGINAL DECLARATION DATED DECEMBER 26, 1979, IS RECORDED IN SAID BUREAU OF CONVEYANCES IN LIBER 14359 AT PAGE 204, AS AMENDED, AND AS SHOWN ON CONDOMINIUM MAP NO. 676 AND ANY AMENDMENTS THERETO. TOGETHER WITH APPURTENANT EASEMENTS AS FOLLOWS: (A) AN EXCLUSIVE EASEMENT TO USE THE PARKING SPACE(S), IF ANY, AS SHOWN IN SAID DECLARATION, AS AMENDED. (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, SUBJECT ALWAYS TO THE EXCLUSIVE USE OF THE LIMITED COMMON ELEMENTS AS PROVIDED IN THE DECLARATION AND IN ALL OTHER APARTMENTS AND LIMITED COMMON ELEMENTS OF SAID PROJECT FOR SUPPORT. SECOND- AN UNDIVIDED 0.752271% INTEREST IN ALL COMMON ELEMENTS OF THE PROJECT INCLUDING THE LANDS DESCRIBED HEREIN AS ESTABLISHED FOR SAID APARTMENT BY THE DECLARATION, OR SUCH OTHER PERCENTAGE HEREAFTER ESTABLISHED FOR SAID APARTMENT BY ANY AMENDMENT OF THE DECLARATION, AS TENANT IN COMMON WITH THE OTHER OWNERS AND TENANTS THEREOF. THE LANDS UPON WHICH SAID CONDOMINIUM PROJECT “KONA PACIFIC” IS LOCATED ARE DESCRIBED AS FOLLOWS: -PARCEL FIRST- ALL OF THAT CERTAIN PARCEL OF LAND (PORTION OF THE LAND DESCRIBED IN AND COVERED BY LAND PATENT GRANT NUMBER 4037, APANA 2 TO J. KAAEAMOKU) SITUATE, LYING AND BEING AT PUAA 2ND, DISTRICT OF NORTH KONA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, BEING A PORTION OF LOT 3 OF THE “PUAA HOMESTEADS”, AND CONTAINING AN AREA OF 57,901 SQUARE FEET OR 1.329 ACRES, MORE OR LESS. -PARCEL SECOND- ALL OF THAT CERTAIN PARCEL OF LAND (PORTION OF THE LAND DESCRIBED IN AND COVERED BY LAND PATENT GRANT NUMBER 4037, APANA 2 TO JO KAAEAMOKU) SITUATE, LYING AND BEING AT PUAA 3RD, DISTRICT OF NORTH KONA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, BEING LOT E-1, SAME BEING A PORTION OF LOT “E”, OF THE “PUAA HOMESTEADS”, CONTAINING AN AREA OF 3,013 SQUARE FEET, MORE OR LESS, AND BEING MORE PARTICULARLY DESCRIBED AS PER SURVEY OF JOHN D. WEEKS, REGISTERED LAND SURVEYOR. -PARCEL THIRD- ALL OF THAT CERTAIN PARCEL OF LAND (PORTION OF THE LAND DESCRIBED IN AND COVERED BY LAND PATENT GRANT NUMBER 4037, APANA 2 TO J. KAAEAMOKU) SITUATE, LYING AND BEING AT PUAA 2ND, DISTRICT OF KONA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, BEING LOT “A”, SAME BEING A PORTION OF LOT 3 OF THE “PUAA HOMESTEADS”, AND CONTAINING AN AREA OF 15,835 SQUARE FEET, MORE OR LESS. -PARCEL FOURTH- ALL OF THAT CERTAIN PARCEL OF LAND (PORTION OF THE LAND DESCRIBED IN AND COVERED BY LAND PATENT GRANT NUMBER 4037, APANA 2 TO J. KAAEAMOKU) SITUATE, LYING AND BEING AT PUAA 2ND, DISTRICT OF KONA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, BEING LOT “B”, SAME BEING A PORTION OF LOT 3 OF THE “PUAA HOMESTEADS”, AND CONTAINING AN AREA OF 15,836 SQUARE FEET, MORE OR LESS. -PARCEL FIFTH- ALL OF THAT CERTAIN PARCEL OF LAND (PORTION OF THE LAND DESCRIBED IN AND COVERED BY LAND PATENT GRANT NUMBER 4037, APANA 2 TO J. KAAEAMOKU) SITUATE, LYING AND BEING AT PUAA 2ND, DISTRICT OF KONA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, BEING LOT “C”, SAME BEING A PORTION OF LOT 3 OF THE “PUAA HOMESTEADS”, AND CONTAINING AN AREA OF 15,836 SQUARE FEET, MORE OR LESS. -PARCEL SIXTH- ALL OF THAT CERTAIN PARCEL OF LAND (PORTION OF THE LAND DESCRIBED IN AND COVERED BY LAND PATENT GRANT NUMBER 4037, APANA 2 TO J. KAAEAMOKU) SITUATE, LYING AND BEING AT PUAA 2ND, DISTRICT OF KONA, ISLAND AND COUNTY OF HAWAII, STATE OF HAWAII, BEING LOT “D”, SAME BEING A PORTION OF LOT 3 OF THE “PUAA HOMESTEADS”, AND CONTAINING AN AREA OF 15,835 SQUARE FEET, MORE OR LESS. SAID PARCELS OF LAND BEING MORE FULLY DESCRIBED IN RESTATEMENT OF THE DECLARATION OF CONDOMINIUM PROPERTY REGIME DATED EFFECTIVE MARCH 20, 1991, RECORDED IN THE BUREAU OF CONVEYANCES OF THE STATE OF HAWAII AS DOCUMENT NO. 91-162353, OF WHICH THE ORIGINAL DECLARATION DATED DECEMBER 26, 1979, IS RECORDED IN SAID BUREAU OF CONVEYANCES IN LIBER 14359 AT PAGE 204, AS AMENDED. BEING ALL OF THE PREMISES CONVEYED TO JANN M. PEETERS, A SINGLE WOMAN, AS HER SOLE AND SEPARATE PROPERTY (APARTMENT DEED RECORDED JUNE 13, 2008 AS REGULAR SYSTEM DOCUMENT NO. 2008-095656 OF OFFICIAL RECORDS.) TMK(S): (3) 7-5-009-003-0098
Property
75-5865 Walua Road, Apt. E-527,
Kailua Kona, HI 96740
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HI Broker:
HOWARD C. RICHMOND, Broker. Exit Realty Hawaiian Islands. PO Box 25511, Honolulu, HI 96825. (808) 450-3392. Lic.# RB-19627.