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(a) All real property on which any lien, or part thereof, for taxes levied pursuant to this <br /> Code has existed for at least two years shall be sold by way of foreclosure without <br /> suit by the director or as otherwise specified in this Code. <br /> (b) Such delinquent real property shall be sold by the director or the director's <br /> designated representative at public auction to the highest bidder, for cash, to satisfy <br /> the lien, together with all interest, penalties, costs, and expenses due or incurred on <br /> account of the taxes, lien, and sale. <br /> (c) The surplus funds from the tax foreclosure sale, if any, shall be rendered to the <br /> person(s) legally entitled to the surplus funds resulting from the sale. <br /> (d) The sale shall be held at any public place proper for sales on execution of the <br /> foreclosure." <br /> SECTION 3. Chapter 19, article 5, section 19-40 of the Hawai`i County Code 1983 (2005 <br /> edition, as amended), is amended to read as follows: <br /> "Section 19-40. [Same; notice, f of.] Notice; sale of foreclosed property without <br /> suit. <br /> in the office of the assistant registrar of the land court) the character and amount of the <br /> tax, and the tax year or years, with interest, penalties, costs, expenses, and charges <br /> accrued or to accrue to the date appointed for the sale, a brief description of the property <br /> equitable right, title, or other interest in the property, that unless the tax, with all interest, <br /> director may include in one advertisement of notice of sale notice of foreclosure upon <br /> more than one parcel of real property, whether or not owned by the same person and <br /> whether or not the liens are for the same tax year or years.] <br /> (a) The notice of tax foreclosure without suit and tax sale shall contain: <br /> (1) The names of the persons assessed; <br /> (2) The names of the present owners as shown by the records of the director <br /> and the records if any of the assistant registrar of the land court; <br /> (3) The character and amount of tax and year or years taxes are delinquent, <br /> with interest, penalties, costs, expenses, and charges accrued or to be <br /> accrued to the appointed date of sale; <br /> (4) A brief description of the property; <br /> (5) The time and place of the sale; and <br /> (6) A warning to the persons assessed,and all persons having or claiming to <br /> have any mortgage or other lien thereon on that property or any legal or <br /> equitable right, title, or other interest in the property, that unless the tax, <br /> together with all interest, penalties, costs, expenses, and charges accrued to <br /> the date of payment, is paid before the appointed time of sale, the property <br /> advertised for sale will be sold as advertised. <br /> 2 <br />