OneWest Bank, FSB v. Farrar et al
Filing
303
ORDER GRANTING INTERLOCUTORY DECREE OF FORECLOSURE AND APPOINTING COMMISSIONER; Exhibits A, B, C, D. Signed by JUDGE ALAN C KAY on 11/21/2014. ~ GARY ROBERT is appointed Commissioner of this Court ~ (afc)< hr>CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
ONEWEST BANK, FSB,
)
)
Plaintiff,
)
)
v.
)
)
J. RANDALL FARRAR; CHRISTOPHER )
SALEM; WAYNE WAGNER; MARY
)
WAGNER; LOT 48A LLC; POOL PRO, )
INC.; CREDIT ASSOCIATES OF MAUI,)
LTD; JOHN and MARY DOES 1-20;
)
DOE PARTNERSHIPS, CORPORATIONS, )
OR OTHER ENTITIES 1-20,
)
)
Defendants.
)
)
)
Civ. No. 12-00108 ACK-KSC
ORDER GRANTING INTERLOCUTORY DECREE OF FORECLOSURE
AND APPOINTING COMMISSIONER
Pursuant to the Order Granting Plaintiff OneWest Bank,
FSB’s (“Plaintiff”) Motion for Summary Judgment, Default
Judgment, and an Order for Interlocutory Decree of Foreclosure,
filed herein on October 8, 2014 (Doc. No. 288 (the “Order”)), IT
IS HEREBY FURTHER ORDERED ADJUDGED AND DECREED:
1.
That all of the following mortgages are foreclosed: (a)
the first-lien Mortgage dated August 14, 2008, between J. RANDALL
FARRAR and CHRISTOPHER SALEM (“Borrowers”) and La Jolla Bank, FSB
(“La Jolla”), recorded in the State of Hawaii Bureau of
Conveyances (“Bureau”) as Document No. 2008-137605, covering
1
Borrowers’ fee simple interest in that certain parcel of land
located at 5106 Lower Honoapiilani Road, Lahaina, Hawaii 96761,
tax map key number (2) 4-3-003-048, and all other rights, real,
and personal property as more specifically described in Exhibit A
to this Order (“Lower Road Property”); (b) the second-lien
Mortgage dated August 14, 2008 between Borrowers and La Jolla,
recorded in the Bureau as Document No. 2008-142518, covering
Defendant Christopher Salem’s fee simple interest in that certain
parcel of land located at 8 Hui Road E, Lahaina, Hawaii 96761,
tax map key number (2) 4-3-015-055, and all other rights, real,
and personal property as more specifically described in Exhibit B
to this Order (“Hui Property”);
(c) the first-lien Mortgage
dated August 14, 2008, between Borrowers and La Jolla, recorded
in the Bureau as Document No. 2008-137607, covering Defendant
Christopher Salem’s fee simple interest in the Hui Property; and
(b) the second-lien Mortgage dated August 14, 2008, between
Borrowers and La Jolla, recorded in the Bureau as Document No.
2008-137604, covering Borrowers’ fee simple interest in the Lower
Road Property (The first- and second-lien mortgages on the Lower
Road Property and the Hui Property are collectively referred to
herein as the “Mortgages”; and the Lower Road Property and the
Hui Property are collectively referred to as the “Mortgaged
Properties”).
2.
The Commissioner as appointed herein by the Court shall
2
sell the property within four (4) months after the Commissioner
is notified of this Order and Decree of Foreclosure. The
Commissioner shall hold all proceeds of the sale of the Property
in an interest-bearing account to the credit of this cause
subject to the directions of this Court. Upon payment according
to such directions, the Commissioner shall file an accurate
accounting fo Commissioner’s receipts and expenses.
3.
GARY ROBERT, whose address is 808 Wainee Street #201,
Lahaina, Maui 96761, and whose telephone number is 808-667-7741,
is hereby appointed Commissioner of this Court to serve without
bond. In the event that the Commissioner refuses, or becomes
unable, to carry out his duties set forth herein, the Court shall
appoint another without further notice or hearing.
4.
Upon the effective date of the Commissioner’s
appointment, the Commissioner shall henceforth hold all legal and
equitable title to the Mortgaged Properties. The Commissioner is
authorized and directed to take possession of the Mortgaged
Properties and make this sale of foreclosure as hereinafter set
forth.
5.
The sale of the Hui Property and Lower Road Property,
respectively, shall be to the highest bidder at the
Commissioner’s sale by public auction, without upset price. The
sales of the Mortgaged Properties may be made together or
separately.
3
6.
The Commissioner shall give notice of the sales of the
Hui Property and Lower Road Property, respectively, as follows:
a.
The Commissioner shall give notice of each sale by
publication in at least one newspaper regularly issued and of
general circulation in the County of Maui. Said notice shall be
published once a week for at least four (4) consecutive weeks,
with the auction to take place no sooner than fourteen (14) days
after the appearance of the fourth advertisement.
b.
The notice shall give the date, time, and place of
the sale and an intelligible description of the property,
including any improvements.
c.
The notice shall provide that the Hui Property is
being sold subject to the defects, liens, encumbrances and other
matters affecting title listed in Exhibit C to this Order, which
may be described in a summary manner. The notice shall state that
the Hui Property is subject to a DEED TO TRUST dated June 12,
2013, recorded as Document No. A-49241200, by and between THOMAS
LINDSEY and JENNIE LINDSEY, “GRANTOR” and THOMAS LINDSEY and
JENNIE LINDSEY, the Trustees of the Kamaki Lindsey Trust, an
Irrevocable Trust registered in the First Estate of Kamehameha
Ekahi,”GRANTEE.” The notice shall further state that Title
Guaranty of Hawaii states that it “does not believe that the
foregoing document has any valid or enforceable effect on the
title to the land described herein. If a policy of title
4
insurance is issued, Schedule B will not contain a reference to
said document.” (Doc. No. 267, Exs. A & B.)
d.
The notice shall provide that the Lower Road
Property is being sold subject to the defects, liens,
encumbrances and other matters affecting title listed in Exhibit
D to this Order, which may be described in a summary manner. The
notice shall state that the Lower Road Property is subject to a
DEED TO TRUST dated June 12, 2013, recorded as Document No.
A-49241200, by and between THOMAS LINDSEY and JENNIE LINDSEY,
“GRANTOR” and THOMAS LINDSEY and JENNIE LINDSEY, the Trustees of
the Kamaki Lindsey Trust, an Irrevocable Trust registered in the
First Estate of Kamehameha Ekahi,”GRANTEE.” The notice shall
further state that Title Guaranty of Hawaii states that it “does
not believe that the foregoing document has any valid or
enforceable effect on the title to the land described herein. If
a policy of title insurance is issued, Schedule B will not
contain a reference to said document.” (Doc. No. 267, Exs. A & B.
e.
The Commissioner may give further notices of the
sale in such manner and frequency as such Commissioner may, in
the exercise of such Commissioner’s discretion, deem reasonable
and appropriate. The Commissioner shall have the authority to
continue the sales from time to time at the Commissioner’s
discretion.
7.
The Commissioner shall sell the Mortgaged Properties by
5
foreclosure sale in an “AS IS” condition, without any
representations or warranties whatsoever as to title or
possession.
8.
The sale so made and confirmed shall perpetually bar
Borrowers, all other defendants, and all parties herein, and all
other persons claiming by, through or under them, except
governmental authorities enforcing liens or unpaid real property
taxes, from any and all right, title, and interest in and to the
Mortgaged Properties and any part thereof.
9.
The Commissioner shall have full authority to manage
the Mortgaged Properties, receive and collect all rents, income
and profits from the Mortgaged Properties, to expend a reasonable
sum for advertising the sales thereof, and to expend a reasonable
sum for proper maintenance and repair thereof. The Commissioner
and all persons occupying the Mortgaged Properties shall allow
reasonable access to view the Mortgaged Properties, a minimum of
two separate days prior to the sale of the Properties, by means
of an open house or other reasonable means.
10.
All parties appearing herein are authorized to be
purchasers at said sales of the Mortgaged Properties. The
successful bidder at the foreclosure sales shall be required at
the time of such sale to make a down payment to the Commissioner
in an amount not less than ten percent (10%) of the highest
successful price bid, such payment to be in cash, certified
6
check, or cashier’s check, provided that should Plaintiff be the
highest bidder on one or both of the Mortgaged Properties, it may
satisfy the down payment by way of offset up to the amount of its
secured debts. The balance of the purchase price must be paid in
full at the closing of the sale, which shall take place thirtyfive (35) days after entry of the order confirming the sale. Such
payment shall be in cash, certified check, or cashier’s check,
provided that should Plaintiff be the high bidder, it may satisfy
the balance of the purchase price by way of offset up to the
amount of its secured debt. If the high bidder fails to timely
pay the balance of the purchase price, the deposit shall be
forfeited and applied to cover the cost of sale, including the
Commissioner’s fee, with any amount remaining to be returned to
the bidder. Costs of conveyancing, including preparation of the
conveyance documents, conveying tax, securing possession of the
Mortgaged Properties, escrow services, any title insurance, and
recording of such conveyance, shall be at the expense of the
purchaser. The sale shall not be final until approved by the
Court.
11.
Pending the sale of the Lower Road Property, Defendant
Salem shall take all reasonable steps necessary to preserve the
real property (including all buildings, improvements, fixtures,
and appurtenances on the Properties) in its current condition.
Defendant Salem shall not commit waste against the Lower Road
7
Property, nor shall he cause or permit anyone else to do so.
Defendant Salem shall not do anything that tends to reduce the
value or marketability of the Lower Road Property, nor shall he
cause or permit anyone else to do so. Defendant Salem shall not
record any instruments, publish any notice, or take any other
action (such as running newspaper advertisements or posting
signs) that may directly or indirectly tend to adversely affect
the value of the Lower Road Property or that may tend to deter or
discourage potential bidders from participating in the public
auction, nor shall he cause or permit anyone else to do so.
12.
All persons occupying the Mortgaged Properties shall
leave and vacate the Mortgaged Properties permanently within
twenty (20) days after the confirmation of the sale of the
Properties, each taking with them their personal property (but
leaving all improvements, buildings, and appurtenances to the
Properties). If any person fails or refuses to leave and vacate
either of the Mortgaged Properties by the time specified in this
Decree, the Commissioner is authorized and directed to take all
actions that are reasonably necessary to bring about the
ejectment of those persons, including obtaining a judgment for
possession and a write of possession. If any person fails or
refuses to remove his or her personal property from the premises
by the time specified herein, any personal property remaining on
the Mortgaged Properties thereafter is deemed forfeited and
8
abandoned, and the Commissioner is authorized to remove it and
dispose of it in any manner the Commissioner sees fit, including
sale, in which case the proceeds of the sale are to be applied
first to the expenses of sale and the balance to be paid into the
Court for further distribution.
13.
The Commissioner shall be awarded such fees as the
Court deems just and reasonable, together with actual and
necessary expenses incurred with the sale of the Mortgaged
Properties.
14.
The order of distribution of the sale proceeds to the
parties claiming an interest in the Mortgaged Properties shall be
made in accordance with their respective priorities.
15.
A further hearing shall be held to consider the
confirmation of the foreclosure sales of the Mortgaged
Properties, with this Court determining the amounts of fees and
expenses to be awarded to the Commissioner, and the total amount
due and owing to Plaintiff at the time of judgment under the loan
documents, including but not limited to the amount of attorneys’
fees and costs and the amount of expenses reasonably expended by
Plaintiff for the preservation of the Mortgaged Properties.
Plaintiff shall not be entitled to a deficiency judgment, if any,
arising from the foreclosure sale of the Mortgaged Properties
against the Borrowers individually or collectively. At the
hearing(s), and upon good cause, the Court may also allow
9
reopening of the auction by accepting higher bids, the first of
which must be at least one hundred five percent (105%) of the
highest bid at the Commissioner’s sale; anyone may reopen the
auction by bidding, including all parties to this action and any
other interested person, whether or not any such party or
interested person bid, or could have bid, at the Commissioner’s
sale.
16.
Effective upon the appointment of the Commissioner as
aforesaid, all monies held in trust by receiver Gary Robert,
Esq., who has been serving as receiver of the Hui Property
pursuant to the Order Granting Plaintiff OneWest Bank, FSB’s
Motion for Appointment of Receiver filed herein March 11, 2013,
as amended by the Order Granting in Part and Denying in Part
Plaintiff OneWest Bank, FSB’s Motion to Substitute Receiver and
for Writ of Possession (the “Receivership”), shall be transferred
to the Commissioner with an accounting of all receipts and
expenses and distributions relating to such Receivership;
provided, however, that no such immediate accounting or transfer
shall be required in the event Mr. Robert is appointed herein as
the Commissioner, and provided further that a complete
accounting, inclusive of the foregoing Receivership accounting in
addition to the commissionership, shall otherwise be filed herein
in the usual course.
17.
Effective upon the appointment of the Commissioner, Mr.
10
Robert shall be awarded such fees and costs as this Court shall
determine to be reasonable in connection with the Receivership.
18.
There being no just reason for delay, this Court
expressly determines and directs that final judgment be entered
in favor of Plaintiff and against all defendants, pursuant to
Rule 54(b) of the Federal Rules of Civil Procedure.
19.
The Court reserves jurisdiction to determine the party
or parties to whom any surplus shall be awarded herein, and to
direct such further matters, claims, and proceedings herein.
IT IS SO ORDERED.
DATED: Honolulu, Hawaii, November 21, 2014
________________________________
Alan C. Kay
Senior United States District Judge
Onewest Bank, FSB v. J. Randall Farrar, et al., No. 12-00108 ACK KSC, Order
Granting Decree of Interlocutory Foreclosure and Appointing Commissioner
11
Exhibit A
Case 1:12-cv-00108-ACK-KSC Document 267-2 Filed 06/27/14 Page 13 of 30
#: 2988
PageID
TMK: (2) 4-3-003-048
EXHIBIT "A"
All of that certain parcel of land (being portion(s) of the land(s)
described in and covered by Royal Patent Number 1663, Land Commission
Award Number 5524 to L. Konia) situate, lying and being in the
Ahupuaas of Alaeloa and Honokeana, Kaanapali, Island and County of
Maui, State of Hawaii, being LOT 51-C-11, same being a portion of
Allotment 51-C, of the "PARTITION OF THE HUI LAND OF MAILEPAI", and
thus bounded and described:
Beginning at a pipe on the west corner of this lot, southwest corner
of Lot 51-C-10, east side of Honoapiilani Highway, the coordinates of
which point referred to Triangulation Station "MALO" are 12,545.32
feet south and 10,193.50 feet west and running by azimuths measured
clockwise from true south:
1.
243°
31'
00"
197.57
feet along Lot 51-C-10 to a pipe;
2.
345°
19'
30"
154.60
feet along Baldwin Packers to a pipe;
3.
87°
04'
00"
193.04
feet along Lot 51-C-12 to a pipe;
4.
Thence along east side of Honoapiilani Highway on a curve
to the left, with a radius of 192.79
feet, the direct azimuth and distance
being 161° 59' 00" 75.00 feet the
point of beginning, and containing an
area of 0.499 acre more or less.
201057801
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 14
Exhibit B
Case 1:12-cv-00108-ACK-KSC Document 267-1 Filed 06/27/14 Page 16 of 34
#: 2957
PageID
TMK: (2) 4-3-015-055
EXHIBIT "A"
All of that certain parcel of land (being portion(s) of the land(s)
described in and covered by Royal Patent Grant Number 1663, Land
Commission Award Number 5524 to L. Konia and Allotment 48 of the
Partition of the Hui Land of Mailepai) situate, lying and being at
Alaeloa, Kaanapali, Lahaina, Island and County of Maui, (Tax Map Key:
(2) 4-3-15: Portion 04), State of Hawaii, being LOT 48-C of the
"MAILEPAI HUI PARTITION (L.U.C.A. File No. 4.686), and thus bounded
and described as per survey, to-wit:
Beginning at a 1/2 inch pipe (set) at the easterly corner of this
parcel of land, being the southerly corner of Lot 48-B and a point on
the northwesterly property boundary line of Lot 48-E (road widening
lot) of the "Mailepai Hui Partition" (L.U.C.A. File No. 4.686), the
coordinates of said point of beginning referred to Government Survey
Triangulation Station "MALO" being 14,176.06 feet south and 11,725.54
feet west and running by azimuths measured clockwise from true south;
thence,
1.
Following along the northwesterly property boundary line of Lot
48-E (road widening lot) of the
"Mailepai Hui Partition" (L.U.C.A.
File No. 4.686), along the arc of a
curve concave to the left, having a
radius of 495.17 feet, the azimuth of
a radial line passing through the
beginning of this curve being 130°
51' 01", the chord azimuth and
distance being 36° 42' 52.5" for
71.43 feet to a 1/2 inch pipe (set);
thence,
201057675
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 17
Case 1:12-cv-00108-ACK-KSC Document 267-1 Filed 06/27/14 Page 17 of 34
#: 2958
PageID
EXHIBIT A CONTINUED
2.
Following along the northeasterly property boundary line of Lot
48-D (road widening lot) of the
"Mailepai Hui Partition" (L.U.C.A.
File No. 4.686), along the arc of a
reverse curve concave to the right,
having a radius of 30.00 feet, the
azimuth of a radial line passing
through the beginning of this reverse
curve being 302° 34' 44", the chord
azimuth and distance being 76° 12'
52" for 41.40 feet to a 1/2 inch pipe
(set); thence,
3.
119°
51'
00"
93.20
4.
181°
22'
32"
113.18
feet along the easterly property
boundary line of Lot 48-A of the
"Mailepai Hui Partition" (L.U.C.A.
File No. 4.686) to a 1/2 inch pipe
(set); thence,
5.
299°
51'
00"
185.66
feet along the southwesterly boundary
line of Lot 48-B of the "Mailepai Hui
Partition" (L.U.C.A. File No. 4.686)
to the point of beginning and
containing an area of 14,988 square
feet or 0.344 acre, more or less.
feet along the northeasterly property
boundary line of Lot 48-D (road
widening lot) of the "Mailepai Hui
Partition" (L.U.C.A. File No. 4.686)
to a 1/2 inch pipe (set); thence,
Together with a nonexclusive easement over Roadway Lot 48-D for
ingress and egress purposes, as granted in Warranty Deed dated
February 14, 1999, recorded as Document No. 99-026456 and Grant of
Roadway Easement dated March 7, 2000, recorded as Document No.
2000-032188 (No joinder by Chris Salem and Gloria Salem).
201057675
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 18
Exhibit C
Case 1:12-cv-00108-ACK-KSC Document 267-1 Filed 06/27/14 Page 7 of 34
2948
PageID #:
FH -000003493
SCHEDULE
B
Defects, liens, encumbrances or other matters affecting title:
PART I
1.
Real Property Taxes, if any, that may be due and owing.
Tax Key: (2) 4-3-015-055
Area Assessed: 14,986 sq. ft.
2.
Mineral and water rights of any nature in favor of the State of
Hawaii.
3.
The terms and provisions contained in the following:
INSTRUMENT :
DATED
RECORDED
PARTIES
4.
SUBDIVISION AGREEMENT (3 LOTS OR LESS)
September 28, 1995
Document No. 95-145123
ANKA, INC., a Hawaii corporation, and COUNTY OF
MAUI
:
:
:
The terms and provisions contained in the following:
INSTRUMENT :
HOLD-HARMLESS AGREEMENT
DATED
RECORDED
PARTIES
October 10, 1995
Document No. 95-148522
ANKA, INC., a Hawaii corporation, and COUNTY OF
MAUI
201057675
:
:
:
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 6
Case 1:12-cv-00108-ACK-KSC Document 267-1 Filed 06/27/14 Page 8 of 34
2949
PageID #:
SCHEDULE B CONTINUED
5.
DESIGNATION OF EASEMENT "E-1"
PURPOSE
SHOWN
:
:
access and utility
on survey map prepared by Sherman Dudley DePonte,
Registered Professional Land Surveyor with Akamai
Land Surveying, dated July 27, 1994, revised
September 1996, November 1996 and December 1996 and
more particularly described as follows:
Beginning at a 1/2 inch pipe (set) at the westerly corner of this
easement and of Lot 48-C, being the southerly corner of Lot 48-A
and a point on the northeasterly property boundary line of Lot
48-D (road widening lot) of the Mailepai Hui Partition (L.U.C.A
File No. 4.686), the coordinates of said point of beginning
referred to Government Survey Triangulation station "MALO" being
14,196.80 feet south and 11,889.28 feet west and running by
azimuths measured clockwise from true South; thence,
1.
181°
22'
32"
20.48
feet along the southeasterly
property boundary line of Lot
48-A of the Mailepai Hui
Partition (L.U.C.A. File No.
4.686) to a point; thence,
2.
299°
51'
00"
24.76
feet along the remainder of Lot
48-C of the Mailepai Hui
Partition (L.U.C.A. File No.
4.686) to a point; thence,
3.
29°
51'
00"
18.00
feet along the same to a point;
thence,
4.
119°
51'
00"
15.00
feet along the northeasterly
property boundary line of Lot
48-D (road widening lot) of the
Mailepai Hui Partition
(L.U.C.A. File No. 4.686) to
the point of beginning and
containing an area of 358
square feet, more or less.
201057675
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 7
Case 1:12-cv-00108-ACK-KSC Document 267-1 Filed 06/27/14 Page 9 of 34
2950
PageID #:
SCHEDULE B CONTINUED
6.
RESTRICTION OF VEHICLE ACCESS RIGHTS
ALONG
SHOWN
:
MAUI ELECTRIC COMPANY, LIMITED and GTE HAWAIIAN
TELEPHONE COMPANY INCORPORATED, now known as
HAWAIIAN TELCOM, INC.
DATED
RECORDED
GRANTING
8.
Lower Honoapiilani Highway
on survey map prepared by Sherman Dudley DePonte,
Registered Professional Land Surveyor with Akamai
Land Surveying, dated July 27, 1994, revised
September 1996, November 1996 and December 1996
TO
7.
:
:
:
:
:
March 8, 1996
Document No. 96-050324
a utility easement over and across Easement "E-1"
GRANT
The terms and provisions contained in the following:
INSTRUMENT :
VIEW EASEMENT AND SETBACK AGREEMENT
DATED
RECORDED
PARTIES
November 7, 2001
Document No. 2001-180087
LOT 48A LLC, a Hawaii limited liability company,
and CHRIS and GLORIA SALEM
:
:
:
Said above View Easement and Setback Agreement was amended by
instrument dated July 6, 2007, recorded as Document No.
2007-123762.
201057675
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 8
Case 1:12-cv-00108-ACK-KSC Document 267-1 Filed 06/27/14 Page 10 of 34
#: 2951
PageID
SCHEDULE B CONTINUED
9.
The terms and provisions contained in the following:
INSTRUMENT :
DATED
RECORDED
PARTIES
10.
VIEW EASEMENT AGREEMENT
July 30, 2003
Document No. 2003-159952
C. ROWLAND HANSON and MARY O. HANSON and
CHRISTOPHER SALEM and GLORIA SALEM, as Trustees of
the Christopher Salem and Gloria Salem Living Trust
dated August 31, 1999
:
:
:
The terms and provisions contained in the following:
INSTRUMENT :
PARTY WALL AGREEMENT
DATED
RECORDED
PARTIES
December 17, 2004
Document No. 2005-130929
BAY POINTE LOT 48, LLC, a Hawaii limited liability
company and CHRISTOPHER SALEM and GLORIA SALEM, as
Trustees of the Christopher Salem and Gloria Salem
Living Trust dated August 31, 1999
201057675
:
:
:
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 9
Case 1:12-cv-00108-ACK-KSC Document 267-1 Filed 06/27/14 Page 32 of 34
#: 2973
E N D O R S E M E N T
N O.
PageID
5
Issued by
FIRST AMERICAN TITLE INSURANCE COMPANY
Attached to Guarantee No. FH -000003493
dated December 8, 2010 at 8:00 a.m.
The Company hereby assures the assured that, subsequent to the
date of the Guarantee issued under the above number, no matters
are shown by the public records which would affect the assurances
in said Guarantee other than the following:
1.
Real Property Taxes, if any, that may due and owing.
Tax Key:
2.
(2) 4-3-015-055
Area Assessed:
14,986 sq. ft.
TAX LIEN
BY
AGAINST
: CHRISTOPHER SALEM
DATED
RECORDED
AMOUNT
3.
: DEPARTMENT OF TAXATION, STATE OF HAWAII
: July 3, 2012
: Document No. A-45840734
: $18,626.11
THE EFFECTS, IF ANY, OF THE FOLLOWING:
DEED TO TRUST dated June 12, 2013, recorded as Document No.
A-49241200, by and between THOMAS LINDSEY and JENNIE
LINDSEY, "GRANTOR", and THOMAS LINDSEY and JENNIE LINDSEY,
the Trustees of the Kamaki Lindsey Trust, and Irrevocable
Trust registered in the First Estate of Kamehameha Ekahi,
"GRANTEE".
-Note:- Title Guaranty of Hawaii, Inc. does not believe that
the foregoing document has any valid or enforceable
effect on the title to the land described herein.
If a policy of title insurance is issued, Schedule B
will not contain a reference to said document.
201057675
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Exhibit D
Case 1:12-cv-00108-ACK-KSC Document 267-2 Filed 06/27/14 Page 7 of 30
2982
PageID #:
FH -000003496
SCHEDULE
B
Defects, liens, encumbrances or other matters affecting title:
PART I
1.
Real Property Taxes, if any, that may be due and owing.
Tax Key: (2) 4-3-003-048
Area Assessed: 21,736 sq. ft.
2.
Mineral and water rights of any nature in favor of the State of
Hawaii.
3.
Encroachment(s) as shown on the survey prepared by Randall
Sherman dated October 11, 2005, as follows:
A.
An encroachment (approximately 566 square feet) comprised of
a rock wall & steps appurtenant to the subject property onto
an adjoiner (Lower Honoapiilani Road right-of-way) were
noted.
B.
An encroachment (approximately 79 square feet) comprised of a
carport appurtenant to the subject property onto an adjoiner
(Lower Honoapiilani Road right-of-way) was noted.
201057801
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Page 6
Case 1:12-cv-00108-ACK-KSC Document 267-2 Filed 06/27/14 Page 28 of 30
#: 3003
E N D O R S E M E N T
N O.
PageID
5
Issued by
FIRST AMERICAN TITLE INSURANCE COMPANY
Attached to Guarantee No. FH -000003496
dated December 8, 2010 at 8:00 a.m.
The Company hereby assures the assured that, subsequent to the
date of the Guarantee issued under the above number, no matters
are shown by the public records which would affect the assurances
in said Guarantee other than the following:
1.
Real Property Taxes, if any, that may be due and owing.
Tax Key:
2.
(2) 4-3-003-048
Area Assessed:
21,736 sq. ft.
TAX LIEN
BY
AGAINST
: CHRISTOPHER SALEM
DATED
RECORDED
AMOUNT
3.
: DEPARTMENT OF TAXATION, STATE OF HAWAII
: July 3, 2012
: Document No. A-45840734
: $18,626.11
THE EFFECTS, IF ANY, OF THE FOLLOWING:
DEED TO TRUST dated June 12, 2013, recorded as Document No.
A-49241200, by and between THOMAS LINDSEY and JENNIE
LINDSEY, "GRANTOR" and THOMAS LINDSEY and JENNIE LINDSEY,
the Trustees of the Kamaki Lindsey Trust, an Irrevocable
Trust registered in the First Estate of Kamehameha Ekahi,
"GRANTEE".
-Note:- Title Guaranty of Hawaii, Inc. does not believe that
the foregoing document has any valid or enforceable
effect on the title to the land described herein.
If a policy of title insurance is issued, Schedule B
will not contain a reference to said document.
201057801
© Title Guaranty of Hawaii, Inc.
235 QUEEN ST., HONOLULU, HAWAII 96813, PH: (808) 533-6261
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?