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conspicuous public places within the county and if the land is improved, one of the three
<br /> postings shall be on the land.]
<br /> (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 may 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. [Came; notic f r of.] Notice; sale of foreclosed property without
<br /> suit.
<br /> [The notice of sale shall contain the names of the persons assessed, the names of
<br /> the present owners (so far as shown by the records of the director and the records, if any,
<br /> tax, and the tax year or years, with interest, penalties, costs, expenses, and charges
<br /> to be sold, and the time and place of sale, and shall warn the persons assessed, and all
<br /> persons having or claiming to have any mortgage or other lien thereon or any legal or
<br /> equitable right, title, or other interest in the property, that unless the tax, with all interest,
<br /> penalties, costs, expenses, and charges accrued to the date of payment, is paid before the
<br /> time of sale appointed, the property advertised for sale will be sold as advertised. The
<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
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