NOTICE OF MORTGAGEES INTENTION TO FORECLOSE
UNDER POWER OF SALE
Doc ID # 000158109436005N
TS No.: 07158109436
Title No.: 3348691
Mortgagor/Borrower/Owner: ROBERT YOSHIO YAMAMOTO
BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS ASSET-BACKED NOTES TRUST 2007-SD1 c/o Countrywide Home Loans, Inc., a New York Corporation, whose address is 400 Countrywide Way, SV-35, Simi Valley, CA 93065, as mortgagee pursuant to Hawaii Revised Statutes 667-5 through 667-10 as amended, and that mortgage dated 12/13/2006 in the Office of the Assistant Registrar of the Land Court, State of Hawaii, as Document No 3530589 on Transfer Certificate of Title No. 838,718, gives notice that Mortgagee will hold a sale by public auction on 08/07/2007 at 12:00 PM, at the front entrance of the First Circuit Court, located in the State of Hawaii, 777 Punchbowl Street, Honolulu, HI 96813, of real property located at 94-970 LUMIAUAU STREET #H104, WAIPAHU, HI 96797, Fee Simple as Tax Map Key of 1-9-4-007-039-0046.
Terms of the sale are: (1) No upset price; (2) Property sold strictly in AS IS condition; (3) Property sold without covenant or warranty, either express or implied, as to title, possession or encumbrances; (4) At the close of the auction, Purchaser shall pay 10% of the highest successful bid price (Bid) by cashiers check; provided that Mortgagee may submit a credit bid up to the amount of the secured indebtedness (5) The property shall be conveyed by Mortgagees quitclaim conveyance, and upon performance by Purchaser, no later than 21 days after the auction of the following obligations: (a) Purchaser shall deliver a cashiers check to escrow for the balance of the Bid; (b) Purchaser shall pay all closing costs including, but limited to: costs of document drafting, notary fees, consent fees, escrow fees, conveyance tax, recordation fees and other charges, together with any assessments which may arise under HRS § 514A-90 et seq., Mortgagees closing attorneys fees of $350.00; and (c) Any real property taxes and lease rents shall be paid by Purchaser and not be prorated; (6) Purchaser shall be responsible for obtaining title insurance, if so desired, however, the availability of title or other insurance shall not be a condition of closing; (7) Purchaser may not take occupancy prior to closing; (8) Purchaser shall be solely responsible for securing possession of the property; (9) Time is of the essence in this transaction and any delay in performance by Purchaser which prevents the closing from occurring within 30 days after the auction shall cause Mortgagee to sustain damages in amounts which will be difficult to ascertain. In the event the sale does not close because of any delay in performance by the Purchaser as herein stated, the 10% down payment may be retained by Mortgagee as liquidated damages and not as a penalty; (10) Mortgagee may file at the Bureau of Conveyances, the Affidavit of Sale on or before the thirtieth day after the auction. (11) The sale may be postponed from time to time by public announcement by Mortgagee or someone acting on its behalf; (12) By submitting the Bid, Purchaser acknowledges reading the terms and conditions set forth in this notice and agrees to be bound thereby and sign a written acceptance of all terms herein.
NOTICE IS HEREBY GIVEN THAT THIS FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. HOWEVER, IF YOU HAVE OR ARE IN THE PROCESS OF OBTAINING DISCHARGE OF THE DEBT FROM A BANKRUPTCY COURT, THIS DOCUMENT IS NOT AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF LIEN RIGHTS AGAINST THE PROPERTY.
Inquiries should be directed to BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS ASSET-BACKED NOTES TRUST 2007-SD1, c/o Countrywide Home Loans Inc., a New York Corporation, whose address is 400 Countrywide Way, SV-35, Simi Valley, CA 93065. Telephone (800) 281-8219. (SB05530517 6/29, 7/6, 7/13/07)
