HomeMy WebLinkAbout2008-03-17_Daniel_Johnson_v_State_Civil_06-1-0303_Defendant_County_of_Hawaii's_Motion_for_Summary_Judgment_filed_March_17_2008 LINCOLN S.T. ASHIDA 4478
Corporation Counsel
MAR 1 -7 PPS 2; 39
MICHAEL J. UDOVIC 5238
BRANDON A.K. GONZALEZ 7413
Deputies Corporation Counsel THI J- All W l CLERK
�;�- 1,1°COURT
County of Hawaii A,,,
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Hilo Lagoon Centre
101 Aupuni Street, Suite 325
Hilo, Hawaii 96720
Telephone No. 961-8251
Facsimile No. 961-8622
Email: mudovicaco.hawaii.hi.us
Attorneys for Defendant COUNTY OF HAWAII
IN THE CIRCUIT COURT OF THE THIRD CIRCUIT
STATE OF HAWAII
DANIEL A. JOHNSON, CIVIL NO. 06-1-0303
Plaintiff,
DEFENDANT COUNTY OF HAWAI`I'S
vs. MOTION FOR SUMMARY JUDGMENT;
MEMORANDUM IN SUPPORT OF
STATE OF HAWAII; COUNTY OF MOTION; DECLARATION OF TY A.
HAWAII; PETER MACDONALD, MEDEIROS; DECLARATION OF
KAREN MAYS; RUTH FORBES; ALVINA MICHAEL J. UDOVIC; EXHIBITS "A"—
KAHOONEI; MARIA MILLER; AND "G"; NOTICE OF MOTION; CERTIFICATE
JOHN DOES 1-50. OF SERVICE
Defendants. Hearing:
Date: April 23, 2008
Time: 8:00 a.m.
Judge: Honorable Glenn Hara
sA1it\Johnson\doc\mtn for summary judgment 1-28-08 MJUjen.doc
DEFENDANT COUNTY OF HAWAI`I'S MOTION FOR SUMMARY JUDGMENT
COMES NOW Defendant County of Hawaii ("County"), by and through its undersigned
counsel, move this court for summary judgment against Plaintiff Daniel A. Johnson (hereinafter
"Plaintiff').
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This motion is made pursuant to Rules 7, 8, and 56 of the Hawaii Rules of Civil
Procedure, and Rules 7, 7.1 and 8 of the Hawaii Rules of the Circuit Courts, and is based upon
the Declaration of Ty A. Medeiros, the Declaration of Michael J. Udovic, the exhibits attached
thereto, the Memorandum in Support of Motion and the records and files herein.
Dated: Hilo, Hawaii, March 17, 2008.
COUNTY OF HAWAII, efendant
By
MICHAEL J. UDOVIC
Deputy Corporation Counsel
Its Attorney
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IN THE CIRCUIT COURT OF THE THIRD CIRCUIT
STATE OF HAWAII
DANIEL A. JOHNSON, CIVIL NO. 06-1-0303
Plaintiff,
MEMORANDUM IN SUPPORT
vs. OF MOTION
STATE OF HAWAII; COUNTY OF
HAWAII; PETER MACDONALD,
KAREN MAYS; RUTH FORBES; ALVINA
KAHOONEI; MARIA MILLER; AND
JOHN DOES 1-50.
Defendants.
MEMORANDUM IN SUPPORT OF MOTION
I. STANDARD FOR SUMMARY JUDGMENT
Rule 56(c) of the Hawaii Rules of Civil Procedure ("HRCP") provides that
summary judgment shall be "rendered forthwith" if.
[T]he pleadings, depositions, answers to interrogatories, and admission on file,
together with the affidavits, if any, show that there is no genuine issue as to any
material fact and that the moving party is entitled to a judgment as a matter of
law.
A fact is material if proof of that fact would have the effect of establishing or refuting one
of the essential elements of a cause of action or defense asserted by the parties. The evidence
must be viewed in the light most favorable to the non-moving party. Hawai`i Community
Federal Credit Union v. Keka, 94 Hawaii 213, 221, 11 P.3d 1, 9 (2000).
The moving party has the initial burden of demonstrating that if the case went to trial,
there would be no competent evidence to support a judgment for his opponent. See First
Hawaiian Bank v. Weeks, 70 Hawaii 392, 396, 772 P.2d 1187, 1190 (1989). If the moving party
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meets the initial burden of showing an absence of a genuine issue of material fact, "then the
burden shifts to the opponent to come forward with specific facts showing that there remains a
genuine issue for trial." Arimizu v. Financial Sec. Ins. Co., 5 Haw.App. 106, 110, 679 P.2d 627,
632 (1984)[citing Securities & Exchange Commission v. Murphy, 626 F.2d 633, 640 (9`h Cir.
1980)]. The opposing party may not merely rely on the allegations of his pleadings.
Costa v. Able Distributor, Inc., 3 Haw.App. 486, 488, 653 P.2d 101, 104 (1982). The opposing
party cannot discharge his burden by alleging conclusions nor is he entitled to a trial on the basis
of a hope that he can produce some evidence at that time. Young v. Planning Commission of
County of Kauai, 89 Hawaii 400, 407, 974 P.2d 40, 47 (1999). The existence of a duty owed
by one party to another is entirely a question of law. Knodle v. Waikiki Gateway Hotel, Inc.,
69 Haw. 376, 385, 742 P.2d 377, 383 (1987).
II. ANALYSIS
A. Plaintiff Daniel A. Johnson ("Plaintiff') has no ownership interest in the property.
Plaintiff has pled no facts other than his unsupported statement that he is an owner of the
property located at 14-3405 Oahu Road in Nanawale Estates (the "subject property"). A search
of instruments recorded which affect title to the subject property shows no transfer to or from
Daniel A. Johnson from 1976 to the present date. (See Declaration of Michael J. Udovic). The
Bureau of Conveyances shows a Warranty Deed with Assumption of Mortgage for the subject
property from Blake Townsend and Diane Townsend to Donna May Tarape recorded on or about
April 1, 1997. (See Exhibit "A" attached hereto). A Quitclaim Deed to Donna May Tarape
recorded January 13, 2006 from OCWEN Loan Servicing, LLC (See Exhibit "B" attached
hereto) and a Mortgage recorded January 13, 2006 from Laurie Ann Bass to Donna May Tarape
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(See Exhibit"C"attached hereto). The Bureau of Conveyances also shows that on September 9,
2005, Donna May Tarape deeded the subject property to Laurie Ann Bass which Quitclaim Deed
was recorded February 12, 2007. (See Exhibit "D" attached hereto).
The evidence in the form of recorded conveyances shows that a person by the name of
Laurie Ann Bass was the owner of the subject property on August 1, 2006. No recorded
documents can be found which vest title either wholly or partially to Plaintiff. Defendant County
of Hawaii ("County") asserts that Plaintiff has no standing to bring an action for damage to a
parcel of property within which he can show no legal interest.
Real Property Tax Records also show that Daniel A. Johnson never appears on the tax
rolls as an owner of the subject property. (See Declaration of Michael J. Udovic). While each of
the conveyances noted above are shown.
All available data shows that Plaintiff has no legal interest in the subject property.
Section 502-83, Hawaii Revised Statutes ("HRS")provides that a Bona Fide purchaser can
protect against an unrecorded interest and provides that:
§ 502-83 Effect of not recording deed, leases, etc.
All deeds, leases for a term of more than one year, mortgages
of any interest in real estate, or other conveyances of real estate
within the State, shall be recorded in the bureau of conveyances.
Every such conveyance not so recorded is void as against any
subsequent purchaser, lessee, or mortgagee, in good faith and
for a valuable consideration, not having actual notice of the
conveyance of the same real estate, or any portion thereof, or
interest therein, whose conveyance is first duly recorded.
Since no recorded document of title exists to show any ownership interest by Plaintiff,
the available evidence shows that Laurie Ann Bass was the owner of the property at the time of
the fire as well as at this time.
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B. Plaintiff has no standing to o bring this suit.
Standing is a judicially created theory wherein the plaintiff must show that he is the
proper plaintiff to bring the lawsuit. The crucial inquiry with regard to standing is whether the
plaintiff has alleged such a personal stake in the outcome of the controversy as to warrant his or
her invocation of the court's jurisdiction and to justify the exercise of the court's remedial
powers on his or her behalf. Sierra Club v. Department of Transportation, 115 Hawaii 299,
167 P.3d 292 (2007). In this context, if a plaintiff has no standing he or she is not entitled to
invoke the court's jurisdiction. County of Kauai ex. rel. Nakazawa v. Baptiste, 115 Hawaii 15,
165 P.3d 916 (2007). In other words, does the plaintiff have the right to bring the suit?
Kaho'ohanohano v. State, 114 Hawaii 302, 162 P.3d 696 (2007).
At the pleading stage, the plaintiff must show a distinct and palpable injury to himself as
opposed to abstract, conjectural or hypothetical injury. Id. The question of standing, although
raised by a defendant requires the plaintiff to exercise the burden of establishing standing.
Hawai`i Medical Ass'n v. Hawai`i Medical Service Ass'n Inc., 113 Hawaii 77, 148 P.3d 1179
(2006).
Whether a plaintiff has the requisite personal stake in the outcome of the litigation so as
to have standing is measured by the "injury in fact"test, under which the plaintiff must allege
that: 1) he or she has suffered an actual or threatened injury as a result of the defendant's
wrongful conduct, 2) the injury is fairly traceable to the defendant's actions, and 3) a favorable
decision would likely provide relief for the plaintiff's injury. Bremner v. City & County of
Honolulu, 96 Hawaii 134, 28 P.3d 350 (2001). To establish standing each of the elements of the
test must be established by plaintiff, because the three-prong test is stated in the conjunctive, a
plaintiff must satisfy all three prongs to establish standing. Kaho'ohanohano, 114 Hawaii at
318.
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Plaintiff has not shown any ownership interest in the subject property nor has he shown
any injury which is sufficient to show that he has standing to bring this suit. Other than
allegations of a general nature that he is the owner of the property, the evidence suggests
otherwise, hence he cannot show that he has been directly and immediately affected. Mere
statements that the plaintiff is adversely affected are not sufficient to show that he has a personal
stake in the outcome of the suit. At a minimum, a plaintiff is required to assert that he has
suffered a judicially-cognizable injury, that is a harm to some legally protected interest. Sierra
Club, v. Department of Transportaion, 115 Hawaii 299, 167 P.3d 292 (2007).
While a reading of the Complaint offers a general allegation of damage, without an
ownership interest in the property, Plaintiff cannot show he has suffered a legally cognizable
injury. As noted in the recent case of Sierra Club, it is critically important to look to the nature
of the injury alleged in assessing whether the three prong test has been met. In other words, the
theory of injury expressed by the plaintiff is relied upon to determine whether he has met his
burden of establishing standing. In this case, the Plaintiff has not alleged any theory of injury
which is cognizable by the courts of the State of Hawaii and as such Plaintiff's Complaint must
be dismissed.
C. The County Was Not Negligent.
1. Introduction.
The only cause of action alleged against the County is founded on negligence. Elements
of a cause of action founded on negligence are: (1) a duty or obligation, recognized by the law,
requiring the defendant to conform to a certain standard of conduct, for the protection of others
against unreasonable risks; (2) a failure on the defendant's part to conform to the standard
required; a breach of the duty; (3) a reasonably close causal connection between the conduct
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and the resulting injury; and (4) actual loss or damage resulting to the interests of another.
Dairy Road Partners v. Island Ins. Co., Ltd., 92 Hawaii 398, 419, 992 P.2d 93, 114 (2000).
2. The County owed no duty to PIaintiff.
A prerequisite to any negligence action is the existence of a duty owed by the defendant
to the plaintiff, requiring the actor to conform to a certain standard of conduct for the protection
of others against unreasonable risks. Lee v. Corregedore, 83 Hawaii 154, 158-159, 925 P.2d
324, 328-329 (1996). The existence of a duty is entirely a question of law. Ruf v. Honolulu
Police Department, 89 Hawaii 315, 320, 972 P.2d 1081, 1086 (1999).
The general rule is that a person does not have a duty to act affirmatively to protect
another person from harm. Lee, 83 Hawaii at 159, 925 P.2d at 329. The fact that the actor
realizes or should realize that action on his part is necessary for another's aid or protection does
not of itself impose upon him a duty to take such action. Id., citing Restatement (Second) of
Torts §314A (1965). The exceptions to this general rule arise when a "special relationship"
exists between the actor and the individual facing harm. Lee, 83 Hawaii at 159, 925 P.2d at
329. In determining whether such a relationship exists, Section 314(A)(4) of the Restatement
(Second) of Torts (1965) provides that, "one who is required by law to take or who voluntarily
takes the custody of another under circumstances such as to deprive the other of his normal
opportunities for protection is under a . . . duty [to take reasonable action to protect the other
person from unreasonable risk of physical harm]." (Emphasis added.) Id. See also Seibel v. City
and County of Honolulu, 61 Haw. 253, 257, 602 P.2d 532, 536 (1979); Ruf, 89 Hawaii at 323,
972 P.2d at 1089.
In this case, there is nothing to suggest that the County had a special relationship with
Plaintiff. He was not under the custody of the County, nor is there any evidence to show he was
an owner of the property which he alleges the County was negligent in protecting. There is no
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special relationship between the Plaintiff and the County which would impose a duty on the
County for protection of the home of a third party.
The failure of the police to provide protection is ordinarily not actionable. Freitas v. City
and County of Honolulu, 58 Haw. 587, 590, 574 P.2d 529, 532 (1978) (citation omitted); see also
Namauu v. City and County of Honolulu, 62 Haw. 358, 362, 614 P.2d 943, 946 (1980). The
Hawaii Police Department and its officers have no generalized duty to protect members of the
general public. Id. The police's official duty is to preserve the peace and enforce the laws. Id.
An exception to this general rule is where police action has increased the risk of harm and there
is negligence in providing protection against the enhanced danger. Id. In Freitas, the court
recognized an exception to the foregoing rule where police action has increased the risk of harm
and there is negligence in providing protection against the enhanced danger. Id; see also Ruf,
89 Hawaii at 322, 972 P.2d at 1088.
Specifically, the evidence shows that the Police arrived at the home which was on fire
prior to any firefighters' arrival. When they arrived, the Police asked Fire Dispatch what was the
approximate time of the arrival of the Fire Department? Dispatch notified the Police that fire
units were en route. The first unit to arrive was Engine 18 ("E 18") which arrived at 21:48:08
hours on August 1, 2006. (See Declaration of Ty A. Medeiros and Exhibit "E" attached hereto).
This unit took efforts to extinguish the fire, assumed incident command as well as other actions.
Additional engines and fire personnel arrived at 21:53:24 hours (Engine 05) ("E05"), 21:59:27
hours (Engine 10) ("E 10"), 21:59:28 hours (Medic 10) ("M 10"), with a tanker of water
(Tanker 01) ('701") arriving from Hilo at 22:19:08 hours. Each of the engines assisted in the
fire suppression as well as Salvage and overhaul. The Battalion Commander arrived at 21:57:19
hours and was also involved in incident command. (See Exhibit "F" attached hereto). The fire
was controlled at approximately 2200 hours.
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The evidence shows that the alarm was called in at 21:30:00 hours on August 1, 2006.
The first unit was dispatched at 21:31:43 hours (E18). The first unit was en route at 21:33:45
hours (E05) and the last engine (E10) left after Salvage and overhaul at 00:19:34 hours on
August 2, 2006. Aside from the engines and medical vehicles dispatched to the scene of the fire,
a total of 13 fire personnel responded. (See Exhibit"F" attached hereto).
There is no evidence that the response was other than direct or that no effort was made to
suppress the fire and to protect people and property, including the fire personnel who responded.
The Incident Report provides a narrative of the incident.
3. Assuming that there was a duty,the County did not breach that duty nor
can Plaintiff show damage.
The Hawaii Fire Department took control of the fire suppression upon their arrival. The
members of the Hawaii Fire Department are the individuals best trained and qualified to assess
the needs of this incident. They are in the position to make all efforts to suppress the fire and to
attack the origin of the fire as expeditiously and safely as they are able. As additional fire units
arrived, they assisted in the suppression of the fire and overhaul, to insure that the fire is
extinguished after it is suppressed. If there were any duty which accrued to the County at this
point, that duty was satisfied when the County immediately went to work to suppress the fire and
protect the adjoining properties. There is no evidence that any of the County personnel were in
any way responsible for the incident or the extent of the damage to the home which Plaintiff did
not own.
The Incident Report prepared by Captain John T. Kihara of the Hawaii Fire Department
shows that the call for assistance was dispatched on or about 21:30 hours on August 1, 2006.
(See Exhibit"F" attached hereto). Thereafter, the first unit of the Hawaii Fire Department
arrived on the scene at 21:48 hours, the second unit arrived at 21:53 hours, a Battalion Chief
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arrived at 21:57:19 hours, a third unit arrived at 21:59:27 hours, a medical unit arrived at
21:59:28 hours, a tanker arrived at 22:09 hours and an investigator arrived at 23:18 hours.
The evidence further establishes that when the fire units arrived at 21:48 hours, the
residence, including vehicles at the scene, were fully engulfed in flames. At 22:00:54
hours, the fire was under control and at 22:05:12 hours, the fire was extinguished. No evidence
exists that any member of the Hawaii Fire Department did other than their duty. They
responded to the call within reasonable times, assessed the fire scene to determine the proper
course of action, stopped the fire from spreading to adjacent homes and property and
extinguished the fire within 12 minutes of their arrival at the scene of the fire. They did all this
with knowledge that the location was a potential hazardous waste site which placed the fire
personnel in harms way.
I11. CONCLUSION
Not only is there no evidence to establish that the Hawaii Fire Department did not act
reasonably with respect to the extinguishment of the fire, there is no evidence that Plaintiff
suffered any damage since he has no ownership interest in the property.
Damage is one of the elements for a cause of action in negligence and the absence of any
damage defeats the cause of action against the County. As such the County's Motion for
Summary Judgment must be granted.
Dated: Hilo, Hawaii, March 17, 2008.
Respec fully Subm' to
MICHAEL J. UD VIC
Deputy Corporation Counsel
Attorney for Defendant County of Hawaii
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IN THE CIRCUIT COURT OF THE THIRD CIRCUIT
STATE OF HAWAI`1
DANIEL A. JOHNSON, CIVIL NO. 06-1-0303
Plaintiff,
DECLARATION OF TY A. MEDEDIROS
vs.
STATE OF HAWAII; COUNTY OF
HAWAI`1; PETER MACDONALD,
KAREN MAYS; RUTH FORBES; ALVINA
KAHOONEI; MARIA MILLER; AND
JOHN DOES 1-50.
Defendants.
DECLARATION OF TY A. MEDEDIROS
1, TY A. MEDEIROS, do hereby declare that the following facts are within my personal
knowledge.
1. I am employed as a Fire Equipment Operator for the Hawaii Fire Department and
was so employed on August 1, 2006. On this date I was assigned to the Paradise Park Fire
Station.
2. At or about 21:31 hours on August 1, 2006, 1 was dispatched to the report of a
fire on Oahu Road,Nanawale Estates in Pahoa. I was en route at approximately 21:35 hours and
arrived at the scene of the fire on Oahu Road at approximately 21:48 hours.
3. Fire Fighter Adam Ranne ("Ranne") was assigned as the fire fighter to Engine 18
of which I was the driver.
4. When we arrived, we were notified by police officers who were on the scene that
the location of the fire had been raided within the past few days as a house where ICE was being
made. Accordingly, we were warned of Hazardous Materials exposure.
5. The structure was fully engulfed in flames and I identified a row of palm trees on
the left side of the structure that were in flames and the flames could have been as high as 25 to
30 feet. Fearing for the safety of the surrounding homes, we decided to control the perimeter of
the fire so it would not spread.
6. I set the engine to pump water and Fire Fighter Ranne took a hose to the left side
of the house and began to extinguish the flames which had ignited the palms.
7. Engine 05 arrived at approximately 21:53 hours. Engine 05 connected their tank
through the tank in Engine 18 and the personnel dispatched to the fire began to assist in the
containment of the fire in order to protect other nearby structures. Once the danger of the fire
spreading was diminished, the fire personnel began to attack the fire in the structure.
8. Engine 10 arrived at 21:59 hours and assisted in the suppression of the fire which
was controlled at 22:00 hours.
9. After the fire was extinguished, we began salvage and overhaul efforts at the
location. Salvage and overhaul is the process whereby all roofing material is removed to insure
that hidden hot spots or smoldering embers are identified and completely extinguished so
re-ignition will not occur.
10. The 3,000 gallon tanker arrived at the scene and remained there until the supply
of water was exhausted. The tanker left and returned, refilled with an additional 3,000 gallons of
water which were used in the salvage and overhaul portion of our fire suppression efforts.
11. Engine 18 left the location at 00:14 hours on August 2, 2006.
12. 1 assumed incident command of the fire from my arrival until a senior officer
arrived. This officer then assumed incident command.
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13. A total of 13 fire personnel were dispatched and worked on the extinguishment,
salvage and overhaul of the fire.
I declare under penalty of law that the foregoing is true and accurate.
Dated: Hilo, Hawaii, LIAR 17 2008
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TY A. MEDEIROS
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IN THE CIRCUIT COURT OF THE THIRD CIRCUIT
STATE OF HAWAII
DANIEL A. JOHNSON, CIVIL NO. 06-1-0303
Plaintiff,
DECLARATION OF MICHAEL J. UDOVIC
vs.
STATE OF HAWAII; COUNTY OF
HAWAII; PETER MACDONALD,
KAREN MAYS; RUTH FORBES; ALVINA
KAHOONEI; MARIA MILLER; AND
JOHN DOES 1-50.
Defendants.
DECLARATION OF MICHAEL J. UDOVIC
I, MICHAEL J. UDOVIC, do hereby declare the following:
1. I am an attorney licensed to practice law before all courts of the State of Hawaii
and am the Deputy Corporation Counsel assigned to the within matter.
2. That I reviewed the Real Property Tax Data for the County of Hawaii to
determine if Plaintiff Jack Thomas' ("Plaintiff') name appears as an owner of a parcel of
property on Oahu Road in Nanawale.
3. That Plaintiff's name does not appear in any of the documents I was able to
locate. The parcel of property located at 14-3405 Oahu Road, Nanawale Estates, did have a
number of sales noted dating from September of 1990.
4. I then reviewed the Grantor and Grantee Indexes for the State of Hawaii Bureau
of Conveyances to determine if Plaintiff's name appeared on any of the sales noted in the Real
Property Tax Data Base.
5. I caused a search of the Grantor Index and the Grantee Index to occur and did not
find any evidence that Plaintiff appears on title to the property.
6. I was able to determine that the current owner is a person named Laurie Ann
Bass. That she obtained title to the property as a result of a deed from Donna May Tarape dated
September 9, 2005 which was recorded in the Bureau of Conveyances on February 12, 2007.
7. That no transfer of ownership with the name of Daniel A. Johnson appears in
either the Grantor or Grantee Index from the year 1976 to the present.
8. That the following are true and accurate certified copies received from the State
of Hawaii Bureau of Conveyances:
a. Exhibit "A" is the Warranty Deed with Assumption of Mortgage from
Blake Townsend and Diane Townsend to Donna May Tarape recorded April 1, 1997.
b. Exhibit"B" is the Quitclaim Deed by OCWEN LOAN SERVICING,
LLC to Donna May Tarape recorded January 13, 2006.
C. Exhibit "C" is the Mortgage from Laurie Ann Bass to Donna May Tarape
recorded January 13, 2006.
d. Exhibit "D" is the Quitclaim Deed from Donna May Tarape to Laurie Ann
Bass recorded February 12, 2007.
9. That the following are true and accurate copies:
a. Exhibit"E" is the Event Register and Event Chronology of
August 1-2, 2006.
b. Exhibit"F" is the Incident Report from the County of Hawaii Fire
Department(2006-0011674-000).
C. Exhibit "G" is the Hawaii County Police Department Incident Sheet for
Report #C06023992.
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10. That I have been unable to locate any evidence that Plaintiff has any recorded
interest in the property he claims to own. Namely, that parcel of property which is the subject of
the remaining cause of action against the County of Hawaii.
I declare under penalty of law that the foregoing is true and accurate.
Dated: Hilo, Hawaii, March 17, 2008.
MIC AEL J. UDOVI
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f hereby certify that this is
a true copy from the records
of the Bureau of Conveyances.
� STATE OP hU1MA2I
Registrar of Conveyances � BUREAU Or CONVEYANczs
Assistant Registrar, Land Court RECORDED
State of Hawaii APR 01, 1997 00: 01 AM
Doc Pita(s) 97-040690
/s/CA=L T. WATANABt
ACTT NG
REGISTRAR Of CONVCYANCES
CONVEYANCE TAX: $26.70
LAND COURT SYSTEM REGULAR SYSTEM
Return by: MAIL ( X ) PICKUP b/J TO:
S� SECURM TITLE CORPORATION ESCROW NO. : H-22439-PK
HILO LAGOON CENTRE,STE.320 Patricia Kawachi
101 AUPVNI ST
HILO,HAWAII %720
TITLE OF DOCUMENT:
WARRANTY OTED WITH Ag9UMPTIOIY OF MORTGAGE
PARTIES TO DOCUMENT:
GRANTOR: BLAKE TOWNSEND lad DIANE TONMSEND,basband and wife, whose
address is P.O. Box 1370,Patios.Hawaii 96778
GRANTEE: DONNA MAY TARAPE.single, whose address is SO B Haile Street,M16.Hilo.
Hawaii %720
TAX MAP KEY(3)1-4-"7:032 PKK/STC97029.DED/3-24-97
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EXHIBIT "A"
WARgANI-y Fp vI+-H Acct 1MPTION OF MORTSrAGE
KNOW ALL MEN BY THESE PRESENTS:
That BLAKE TO"SEND and DIANE TOWNSEND. husband and wife. whose
address is P. O. Box 1370, Pabon, Hawaii %778, hereinafter called the "Grantor". for and in
consideration of the sum of TEN AND N01 100 DOLLARS(S 10.00)and other good and valuable
consideration to the Grantor paid by DONNA MAY TARAPE.single.whose address is 50 B Maik
Street, 016,Hilo. Hawaii %720,hereinafter called the"Grantee". the receipt whereof is hereby
acknowledged, do hereby grant, bargain. sell and convey unto the Grantee all of that certain res.l
property designated on the tax maps of the Third Taxation Division. State of Hawaii. as Tax Map.
Key 1-4.037.032.more particularly described in Exhibit A attached hereto and made a part hereof.
subject to the encumbra-sces noted therein•
TOGETHER WITH ALL and singular the buildings. improvements. rights. tenements.
heteditament3.easements.privileges and appurtenances thereunto belonging or appertaining or held
and enjoyed in connection there-Aith.
TO HAVE AND TO HOLD the same unto the Grantee,as the Grantee's sole and separate
property,and the said Grantee's heirs,personal representatives and assigns. in fee simple forever.
ANO TFiF.SAID GRANTOR does hereby covenant with the Grantee that the Grantor is
lawfully seised in fee simple of said granted premises and that the said premises are free and clear
of all encumbrances except as aforesaid; SAVE AND EXCEPT that certain Mortgage. more
particularly described in Exhibit A attached hereto,on which Mortgage there is a principal balance
due or--SIX THOUSAND SIX - ?qZlnn ---�--�
DOLLARS(S ).together with interest due thereon from the lst: day of
A.,rit . 1997. which said Mortgage the Grantee does hereby assume to pay and
agrees to hold the Grantor harmless therein.and except for assessments for r-al property taxes. And
the said Grantor further covenants and agrees that the Grantor has good right to sell artd convey the
said premises in the manner aforesaid:that the Grantor will WARRANT AND DEFEND the same
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# unto the Orantee against the lawful claims and demands of all persons, firms, corporations, and
associations, except as aforesaid.
The parties hereto agree that this instrument may be executed in counterparts,each of which
shall be deemed an original, and said counterparts shall together constitute one and the same
agreement,binding all of the parties hereto,notwithstanding all of the pieties are not signatory to the
o^Bi+W or the same counterparts. For all purposes, including without limitation, recordation, filing
and delivery of this instrument,duplicate unexecuted and unacknowledged pages of the counterparts
may be discarded and the ....aining pages assembled as one document.
IT IS MUTUALLY AGREED that the terms "Grantor"and "Grantee as and when used
hereinabove or hereinbelow shall mean and include the masculine or feminine,the singular or plural
number, individuals,associations, uUm es,corporations or partnerships, and their and ea::h of their
respective successors in interest, heirs, executors, personal representatives, administrators and
permitted assigns,according to the context thereof,and that if these presents shall be signed by two
or more grantors. or by two or more grantees, all covenants of such parties shall be and for all
purposes deemed to be their joint and several covenants.
IN WITNESS WHEREOF, the parties have executed these presents on this
day of L:J 12 C Lt 1997.
BLAKE TOWNSEND
DIANE TOWNSEND
GRANTOR
APPROVED AS TO FORM
PETER K. KUBOTA
ATTORNEY AT LAW DO A MAY PE
pv GRANTEE
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STATE OF IIA WAlI
COUNTY OF HAWAII
On this -+—day of c
MLAKM rOWN . 1997, before me personal( a
SI�YD• 1O rtte awn(or y appeared
the Proved to me on the basis of satisfactory evidence) to be
m described in and who executed the foregoing instrument,
executed tN ne=3
6e u as his fM sct�d dad and acknowledged to me that
A. .. `.
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aT NOTARr
Notary public, State of
. Hawaii
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My commission expires:
!F OF Mrrif
STATE OF HAWAII
COf1Mn.OF f IA WAIL ) ss.
On this
day of 'k- 1997,
DIANE TOWHSEIVD, to me kno before me Personal) a
known(or proved to me on the basis or satisfactory
y Pared
the 3O°described in and who executed the foregoing instrument, ry evidence)to be
she executed the same as her free act and deed. and acknowledged to me that
Notary Public. State of
T
My commission expires: ( �
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STATE OF HAWAII
ss.
COUNTY OF HAWAII >
On this ' day of �` ' `-I Z e L t 1997, before me personally
appeared DONNA MAY TARAPE, to me known (or proved to me on the basis of satisfactory
evidence) to be the person described in and who executed the foregoing instrument, and
acknowledged to me that she executed the same as her free act and deed.
Notary Public, State of Hawaii
r_• ) My commission expires:
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EXHIBIT A
All of that certain parcel of land situate in the District of Puna. Island and County of
�iwraii.State of Hawaii,described as follows:
Lot 1034, arts 8.04() square feet, as shown on the map entitled "NANAWALE
' ESTATES SUBDIVISION. UNIT 2", which said map was Fled in the Bureau of Conveyances of
V; "-' dw 9901111 Of Hawaii as File Plan No. 790.H
TOGETHER WIT a non-exclusive easement.for roadway purposes,over and across
aU Meats and roadways delineated upon said File Plan No. 780 and u
udo draotocs the right Pon File Plan 700; reserving
j tiiht to convey said streets and roadways to the State or County of Hawaii for use
as public thoroughfares, at which time said easements shall terminate.
Being all of the land conveyed to the Grantors herein by Trustee's Deed dated
February 26, 1991•and recorded in the Bureau of Conveyances of the State of Hawaii as Document
No. 91-031413.
SUBJECT,HOWEVER. TO THE FOLLOWING:
I. Reservation in favor of the State of Hawaii of all mineral and metallic mines.
2. Restrictions, covenants and conditions as contained in:
DECLARATION OF PROTECTIVE RESTRICTIONS. CONDITIONS AND
RESERVATIONS FOR NANAWALE ESTATES.CO.
Dated: April 3. 1962
Book: 4260
Page: 416
to which reference is hereby made
(also affects other property)
3• Reservations in favor of Nanawale Estates Co.. as reserved in:
WARRANTY DEED
Dated: May 18. 1964
Book: 4760
Page: 512
to which reference is hereby made
(also affects other property)
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4. Restrictions,covenants and conditions as contained in:
DECLARATION OF PROTECTIVE RESTRICTIONS. CONDITIONS AND
RESERVATIONS FOR UNIT NO.2
Dated: February 11, 1978
Book: 12774
page: 178
to which referee is hereby made
reference
(also affects other property)
S. PURCHASE MONEY MORTGAGE
Mortgagor: Blake Townsend and Diane Townsend,husband and wife
Mortgagee: Florence Shore. Trustee under 1987,a Short Form of which s dated
Trust Agreement dated May s of the State of
July 8, 1987,recorded in the Bureau of Conveyance
Hawaii in Book 2165d Page 424,and a Short Form of which is dated
September 11, 1987,filed in the Orrice of the amen No.e406042
the Land Court of the State of Hawaii exchar eg •lease and otherwise
with power to convey,sell,mortgage.
encumber the property herein
Dated: March 3, 1991
Recorded: March 12, 1991
Document No. 91-031414
To Secure: $8,800.00
yard any additional acvances and other amounts issory enotthereby'of said
according to the tennm of that certain p
mortgagor(s)therein referred to
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1 hereby certify that this is
a true copy from the records
of the Bureau of Conveyances. R-345 STATE OF HAWAII
BUREAU OF CONVEYANCES
a lio
RECORDED
8;01 AM
JAN 13,2006
Registrar of Conveyances Doe N0(S)2006.00852T
Assistant Registrar, land Court
State of Hawaii
is/CARL T.WATANABE
REGISTRAR OF CONVEYANCES
CT ax 10:=10.53
( 1
20 112 Z8
LAND COURT REGULAR COURT
RETURN BY MAIL ( ) PICKUP ( ✓ ) TO: Total Pages: + 0/
Robert E. Chapman/Mary Martin
Clay Chapman Crumpton Iwamura & Pulice T&A 5&/.Z&0 G ZS
700 Bishop Street, Suite 2100
Honolulu, HI 96813
Telephone No. (808) 535-8400
198.404
TAX MAP KEY: (3) 1-4-57-32
14-3405 Oahu Road
QUITCLAIM DEED
THIS DEED, made on t-3D ZWS by OCWEN LOAN
SERVICING, LLC,/successor to OCWEN FEDERAL BANK FSB, a federal
savings bank, hereinafter called the "Grantor", in favor of DONNA
MAY TARAPE, single, whose address is 14-3405 Oahu Road, Pahoa, j
Hawaii, hereinafter call the "Grantee".
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EXHIBIT "B"
W N E S S T ij
'or TEN DOLLARS ($10. 00) and other valuable
consideration to Grantor paid by Grantee, the receipt whereof
is hereby acknowledged, the Grantor does hereby remise,
release, and quitclaim to Grantee all of Grantor' s right, /
title and interest in the real estate described in Exhibit "A"
attached hereto and incorporated herein by reference.
IN WITNESS WHEREOF, of the undersigned hereto have
executed these presents on the day and year first above
written. �u ctu , �U�
Succ.�.ow en r� .�
, a P. 7
0
V' a President By
Its ,.
GRANTOR.
STATE OF FLORIDA )
) ss.
COUNTY OF PALM BEACH )
On this day o 2005, before
me personally appeare and P/Q
to me pe o 11yr known, who being by me duly
sworn, did say that they are�r��73 ♦�/ andZ JER✓/C/ t--G
respectively, of OCWEN ,
and that said instrument was signed in
behalf of said savings bank, by authority of its Board of
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Directors, and said officers severally acknowledged said
instrument to be the free act and deed of i savings bank.
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UTTR04� 9 0 + Frint Name:
No.ov°:;s9� Notary Public, State of Flor'da
Fat- �ti ww.� t ow.i o My commission expires: Let t�
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[Signatures and Acknowledgments Continued]
DONNA IMAt,,TAMV
"GRANTEE"
STATE OF HAWAII )
) ss.
COUNTY OF HAWAII ) r
On this ae�*/ day of 2005, before me
personally appeared DONNA MAY TA PE, to rte personally known
to be the person described in and who executed the foregoing
instrument and acknowledged that she executed the same as her
free act and deed.
Print Name: Gs AKI1Aae-4
Notary Public, State of Hawaii
My commission expires: -7
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TMK: 1-4-057-032 (3)
EXHIBIT "A"
All of that certain parcel of land situate in the District of Puna,
Island, County and State of Hawaii, State of Hawaii, being LOT 1034 of
the "NANAWALE .ESTATES SUBDIVISION, UNIT 20, as shown on File Plan l
Number 780, filed in the Bureau of Conveyances of the State of Hawaii,
and containing an area of 8, 04 0 square feet, more or less.
BEING THE PREMISES ACQUIRED BY WARRANTY DEED WITH ASSUMPTION OF
MORTGAGE
GRANTOR BLAKE TOWNSEND and DIANE TOWNSEND, husband and wife
GRANTEE DONNA MAY TARAPE, single
DATED March 25, 1997
RECORDED Document No. 97-040890
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I hereby certify that this is
a true copy from the records _
of the Bureau of Conveyances.
R-W STATE OF HAWAII
BUREAU OF CONVEYANCES
Registrar of Conveyances JAN 18,2006CORDE 8.01 AM
Assistant Registrar, Land Court Doc No(s)2006-008328 j
State of Hawaii
Is/CARL T.WATANABE
REGISTRAR OF CONVEYANCES
20 212 28
LAND COURT SYSTEM REGULAR SYSTEM
ReWra by: MAIL (X ) PKXUP( ) To,.
LAURIE ANN BASS
TaA 23&Ia&o G Rs
711 X31KUANAOA ST
HW.M%720
7M DOCU1 EWr OONTAIM 115 PA()gs
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TIT[,E OF DOCUMENT:
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MORTGAGE
PARTS TO DOC[1KW
LENDER: LAURIE ANN BASS,ma1'rw,whose meilfng ism
Keknanaos Wedt Silo,Hawaii KM
BORROWER: DONNA MAY TARAP%single,whose mailing addrm is
PO. Box 2234
Pahoa Hawaii 96778
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TAX MAP KBY(3)1-4-017:032 '
z�avlrrrc�+9-a.os ,,
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EXHIBIT "C" j
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MORTGAGE
WORDS USED OFTEN IN THIS DOCUMENT AND PART MS AND 7MU ADDRESSES
(A) "Mortgage." T Ws doonrramt,which is dated September 09, .2003 will be
called the"Mortgage." •
(B) 'Bwower." DONNA MAY TAjiAM shogk, whose mailing addroas Is �
PO. Box 2234 Pahoa Hawaii 96778 WM sometimes be
called"Borrower"and sometimes simply'T or"me."
(C) "Lander." LAURIE ANN BASS, married. whose mailing address is 711
Keimansoa Street,Shay Sswali 96M will sometimes be called"Leader"or somethnes simply
"YOU"of "
(D) "Nola." The Promissory Note,signed by Boavwer and dated September 09,
.2005,will be called the"Notes" Under tlm Note,Lander agn=to loan i
Borinwcrthe prixipal sum of TEN THOUSAND AND NO/100 DOLLARS($16,009.M toptha
with waued interest and advances as provided in the Note.
(E) "Ptopoaty." The property that is described below in the section titled"DeWdpdon
of the Property,"will be called the?roperty."
I mortgage,grant a security interest in and convey the Property to you subjea to the tarns
r of this Mortgage. This means that,by signing this Mortgage.I am giving you those rights that ate
stated in this Mortgage and also those rights dial the law gives to leaders who hold mortgages on reel
property and security intenats in personal prapeaty. I am giving yell these rghta to por odect youftm
possible losses that might result if I fail to:
(A) Pay all the amts that I owe yen as stated in the Nola;
(B) Pay,with interesst,any amounts that yno spend under this Mortgage,to FU=the
value of the Ptupaty and your rights in the Property;
(C) Beep all of my other promises and agreements under the Note or this Mortgage.
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DESCRIPTION OF THE PROPERTY
I give Lender rights in the Property described in(A)through(n below;
(A) The property is described in Exhibit A which is attached at the end of this Mortgage; z
(B) All buildings and other improvements that are located on the property described in
Paragraph(A)of this section;
(C) All rights in other property that I have as owner of the property described in
Paragraph (A) of this section. These rights are known as "easements, rights and appurtenances
attached to the property;"
(D) All rents or royalties from the property described in Paragraph(A)of this section;
(E) All mineral,oil and gas rights and profits,water,water rights and water stock that
are part of the property described in Paragraph(A)of this section;
(F) All rights that I have in the land which lies in the streets or roads in front of,or next
to,the property described in Paragraph(A)of this section;
(G) All fixtures that are now or in the future will be on the property described in
Paragraphs (A) and (B) of this section, and all replacements of and additions to those fixtures.
Usually,fixtures are items that are physically attached to buildings,such as hot water heaters;
(I0 All of the nights and property described in Paragraphs(B)through(I)of this section
that I acquire in the future;
(1) All replacements of or additions to the property described in Paragraphs(B)through
(I)and Paragraph(F)of this section;
(n Any voting rights I have as owner of the Property.
la=OWER'S RIGHT TO MORTGAGB nIE PROPERTY AND BORROWER'S
OBLIGATION TO DEFEPID OWNERSHIP OF THE PROPERTY
I promise that (A)I lawfully own the Property,(B)I have the right to mortgage,grant and
convey the Property to Lender;(C)there are no outstanding claims or charges against the
except for the claims and charges against the Property listed in Exhibit A attached to the endthis
Mortgage;and(D)any lease included in the Property is in good standing.
I give a general warranty of title to Lender. This means that I will be fully responsible for
any losses which you suffer because someone other than myself has some of the rights in the
Property which I promise that I have. I promise that I will defend my ownership of the Property
against any claims of those rights.
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PROMISES
I promise and I agree with you as follows:
2. BORROWER'S PROMISE TO PAY PRINCIPAL AND
ZnUtMIMM THE NOTE AND TO F n err i.OD pAnUOBL TGATIONS. I will
promptly pay you or anyone you name,principal,interest and any late charges as stated in the Note.
3. BORROWER'S OBLIGATION TO PAY CHARGES AND
ASSESSMENTS AND TO SA=CLAIMS E PR nPMTY. Iwill pay when they
are due all taxes,assessments,and any other charges and fines that may be imposed on the Property.
I will also make payments due under my lease if I am a tenant on the Property and I will pay lease
rents(if any) due on the Property. I will do this by making the payments directly to the persons
entitled to them. (In this Mortgage, the word "person" means any person, organization,
governmental authority, or other party.) If I make direct payments and the Lender requests,then
promptly after making any of those payments I will give Lender a receipt which shows that I have
done so.
Any claim,demand or charge that is made against property because an obligation has not
been fulfilled is known as a"lien." I will promptly pay or satisfy all liens against the Property.
Condominium and PUD Assessments. If the Property includes an apartment unit in a
Condominium Project or in a PUD,I will promptly pay,when they are due,all assessments imposed
by the owners'association or other organization that governs the Condominium,Project or PUD.
That association or organization will be called the"Owners'Association."
4. BORROWER'S OB IGA't'ION TO gTAIN AND TO UEp
INSURANCE ON THE PROPERTY.
(A) lIva . I will obtain insurance to cover all buildings and other improvements
that now are or in the future will be located on the Property,if checked,as follows:
o Fire and extended peril coverage(with inflation guard)in an amount at least
equal to the full replacement costs of the insurable improvements on the
Property.
® Comprehensive public liability insurance as customarily provided for
similar property in Hawaii for homeowner's insurance;
a Hurricane Property Insurance Policy;
® Flood insuran
ce► if the Property is within the Flood zone eligible for
federally subsidized flood insurance;
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and other hazards for which Lender requires coverage, except as may be otherwise expressly
provided in the lease if the property is a leasehold.
I understand that Lender may not make the granting of the Note contingent on my obtaining
any insurance required under the terms of this Mortgage from an insurance company designated by
Lender. However, to the extent permitted by law,Lender reserves the right to refuse an insurer
which I choose for cause or reasonable excuse. All of the insurance policies and renewals of those
policies must include what is known as a"standard mortgagee clause"to protect Lender. The form
of all policies and the form of all renewals must be acceptable to Lender. Lender will have the right
to hold the policies and renewals.
I will pay the premiums on the insurance policies by paying the insurance company directly
when the premium payments are due. If Lender requires,I will promptly give Lender all receipts of
paid premiums and all renewal notices that I receive
If there is a loss or damage to the Property,I will promptly notify the insurance company
and Lender. If I do not promptly prove to the insurance company that the loss or damage occurred,
then Lender may do so.
The amount paid by the insurance company is called"proceeds." If the Property is used as
a"residence"(for example,it is my home),then I have the right to decide whether the proceeds will
be used to repair,restore or rebuild a residence on the Property or whether the proceeds will be used
to reduce the amount that I owe you under the Note. In all other cases,Lender will have the right
to determine whether the proceeds are to be used to repair,restore or rebuild the Property or to
reduce the amount I owe under the Note.
If any of the proceeds remain after the amount that I owe to Lender has been paid in full,
the remaining proceeds will be paid to me.
If I abandon the Property,or if I do not answer,within 30 days,a notice from Lender stating
that the insurance company has offered to settle a claim for insurance benefits,then Lender has the
authority to collect the proceeds. Lender may then use the proceeds to repair or restore the Property
or to reduce the amount that I owe to Lender under the Note and under this Mortgage. The 30-day
period will begin on the date the notice is mailed or,if it is not.mailed, on the date the notice is
delivered
If any proceeds ate used to reduce the amount which I owe to Lender under the Note,that
use will not delay the due date or change the amount of any of my monthly payments under the Note
or this Mortgage.
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If Lender acquires the Property pursuant to this Mortgage,all of my rights in the insurance
Policies will belong to Lender. Also,all of my rights in any proceeds which are paid because of
damage that Occurred before the Property is acquired by Lender or sold will belong to Lender:
However,Lender's rights in those proceeds will not be greater than the amount that I owe to Lender
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under the Note and under this Mortgage immediately before the Property is acquired by Lender or
sold.
(B) Amwments that A2&to Condominiums and PUD's
(i) If the Property includes an apartment unit in a Condominium Project,the
Owners'Association may maintain a hazard insurance policy which covers the entire Condominium
Project. That policy will be called the"master policy." H the master policy insures my apartment
unit as well as the common elements of the Condominium Project, so long as the master policy
remains in effect and meets the requirements stated in this Paragraph: (a)my obligation to obtain
and to keep hazard insurance on the Property is satisfied; (b)I will not be required to include an
amount for hazard insurance premiums in my monthly payment of Funds to Lender,and(e)if there
is a conflict,concerning the use of proceeds,between(1)the terms of this Paragraph,and(2)the law
or the terms of the declaration,bylaws,regulations or other documents creating or governing the
Condominium Project, then that law or the terms of those documents will govern the use of
proceeds. I will promptly give Lender notice if the master policy is interrupted or terminated.
During any time that the master policy is not in effect the terms of (a), (b) and (c) of this
subparagraph(Bxi)will not apply.
(ii) If the Property includes a unit in a Condominium Project,it is possible that
proceeds will be paid to me instead of being used to repair or to restore the Property. I give Lender
my rights to those Proceeds. If the Property includes a unit in a PUD,it is possible that proceeds will
be paid to me instead of being used to repair or to restore the common areas or facilities of the PUD.
I give bender my rights to those proceeds. All of the proceeds described in this subparagraph(BXH)
will be paid to Lender and will be used to reduce the amount that I owe to bender under the Note and
under this Mortgage. If any of those proceeds remain after the amount that I owe to Lender has been
paid in full,the remaining proceeds will be paid to me.
5. BORROWER'S OBLIGATION 10-- MAINTAIN THE
PROPERTY AND TO F[II.Rii.l_ O$ .MA't'IONS IN EACR AND MORT-
GAGES
(A) AZM=Mts about HWntainJngftEWVCjI. I will keep the Property in good repair.
I will not destroy,damage or change the Property,and I will not allow the Property to deteriorate.
I will not make additions or major improvements to the Property without Lender's written consent.
Lender also will have the right to inspect plans and specifications and may condition Lenders
consent on my obtaining required building permit,consents of Condominium Owner's Association,
lenders, or lessors,if any, plus evidence of my adequate financing and/or bonding to pay for the
improvements.
(B)
Aereements About Keeping Promiw&in LAM and Mo-toAOh. I will fulfill my
obligations under any lease which is part of the Property. I will not change or agree to any change i
in any Lease which is a part of the Property. I will fulfill my obligations in any Mortgage on the
Property listed on Exhibit A at the end of this Mort I will not char or
I Ba$e• change agree to any change f
in any such Mortgage. i
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(C) Agreements that Apply to Leases and
Preventing Reiection or TerminatiSM of Leases in B nk MZU Cum If(i)the Property includes,or
is under,covered.or affected by Any leases(the"Property Leaser"),(ri)I,or anyone else with rights
to andfor obligations under any Property Leases. including, but not limited to, lessors, lessees,
sublessors, and sublessees, become a debtor in a voluntary or involuntary bankruptcy case, and
('iii) an order for relief is issued pursuant to the bankruptcy laws, ft I will take the actions
necessary to prevent the Property Leases(a)from being rejected by me, any bankruptcy trustee or
any other person pursuant to the bankruptcy laws,or(b)from being terminated in any manner. I will
take such actions within five(5)days from the date of filing of the order for relief. The bankruptcy
laws include,but are not limited to,Section 365 of Title I 1 of the provisions of the United States
Cods,which is often referred to as Bankruptcy Code Section 365,as it may be amended from time
to time.
I now appoint you as my attorney-in-fact to do whatever you, as Lender, believe is
necessary to protect your interests in the Property and to prevent the rejection or termination of the
Property Leases under the bankruptcy laws. This means that I now give you the right,in my place
and name,or in your own name,to do whatever you believe is necessary to protect your interests in
the Property. You have no obligation or responsibility to look out for or take care of my interests.
You may,but you do not have to,take any actions to prevent the Pmpeaty Leases from being rejected
or terminated pursuant to the bankruptcy laws. Those actions include,but are not limited to,the
following:
(1) The filing of any instruments,documents and pleadings with the court to assume
and/or assign the Property Leases;and
(ii) The filing of a notice of election to remain in possession of leased real property if
my lessor becomes a debtor in a bankruptcy case and rejects my lease.
Your having the right to take such actions will not prevent me,on my own,from taking any
actions to protect my interests and the Property Leases.
(D) dents that Anoly to Cmdomir„nms and PEWI If the Property is a unit in
a Condominium Project or in a PUD,I will falfM all of my obligations under the declaration,bylaws,
regulations and other documents that create or govern the Condominium Project or PUD. Also,I
will not divide the Property into smaller parts that may be owned separately(known as"partition or
subdivision'). I will not consent to certain actions unless I have first given Lender notice and
obtained Lender's consent in writing. Those actions are.
(1) The abandonment or termination of the Condominium Project or PUD,unless,in
the case of a condominium,the abandonment or termination is requited by Iaw;
(2) Any change to the declaration,bylaws or regulations of the Owners'Association,
trust agreement,articles of incorporation,or other documents that create or govern the Condominium
Project or PUD,including,for example,a change in the percentage of ownership rights,held by unit
owners,in the Condominium Project or in the common areas or facilities of the PUD;
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(3) A decision by the Owners'Association to terminate professional management and
to begin self-management of the Condominium Project or PUD;and
(4) The transfer,release,creation of liens,partition or subdivision of all or part of the
common area and facilities of the PUD. (However,this provision does not apply to the transfer by
the Owners'Association of rights to use those common areas and facilities for utilities and other
similar or related purposes)
6. LENDER'S RIGM TO TA_ ACTION TO PROTECT'THE PROPERTY. If.
(a)I do not keep my promises and agreements made in this Mortgage,or(b)someom including me.,
begins a legal proceeding that may affect Lender's rights in the Property(such as, for example, a
legal proceeding in bankruptcy,in probate,forcondenmadon,or to enforce laws orregulations),then
Lender may do and pay for whatever Lender believes is necessary to protect the value of the Property
and Lender's rights in the Property. Fender's actions under this Paragraph may include,for example,
appearing in court,Paying reasonable attorneys'foes,and entering on the property to make repairs.
Lender need not give me notice before taking any of these actions.
I will pay to Lender any amounts which Lender spends under this Paragraph. This
Mortgage will protect Lender in case I do not keep this promise to pay those amounts with interest.
I will pay those amounts to Lender when Lender sends me a notice requesting that I do so.
I will also pay interest on those amounts at the same rate stated in the Note. However,if payment
of interest at that rate would violate the law,I will pay interest on the amounts spent by Lender under
this Paragraph at the highest rate that the law allows. Interest on each amount will begin on the date
that the amount is spent by Lender. However,Lender and I may agree in writing to terms of payment
that are different from those in this paragraph.
Although Lender may take action under this Paragraph,Lender does not have to do so.
7. I.ffi1DER'S RIGl3T TO ZRMrr THE P n M. Lender, and others
authorized by Fender, may enter on and
manner and at reasonable times. inspect the property. They must do so in a reasonable
8• ABOUTONDEMNAMNOFTEMPROIERTY. A taking of
ProPolty by any governmental authority by eminent domain is]mown as"condemnation." I give to
Lender my right: (a)to proceeds of all awards or claims for damages resulting from condemnation
or other governmental taking of the Property;and(b)to proceeds from a sale of the Property that is
made to avoid condemnation. All of those proceeds will be paid to Lender and will be used to
reduce the amount that I owe to Lender under the Note and under this Mortgagm If any of the
proceeds remain after the amount that I owe to Lender has been paid in frill,the remaining proceeds
will be paid to me.
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If I abandon the Property,Or if I do not answer,within 30 days,a notice from Lender stating
that a governmental authority has offered to make a payment or to settle a claim for damages,then
Lender has the authority to collect the proceeds. Lender may then use the proceeds to repair or
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restore the Property or to red= the amount that I owe to Lender under the Note and under this
Mortgage. The 30-day period will begin on the date the notice is mailed or,if it is not mailed,on
the date the notice is delivered.
If any proceeds are used to reduce the amount of principal which I owe to Lender under the
Note,that use will not delay the due date or change the amount of any of my monthly payments
under the Note and this Mortgage. However,Lender and I may agree in writing to those delays or
changes.
Condemnation of Common Arm of PUD. If the Property includes a unit in a PUD,the
promises and agreements in this Paragraph will apply to a condemnation, or sale to avoid
condemnation,of the PUD's common areas and facilities as well as of the Property.
9. CONTINUATION OF IENDERN RIGM. Even if Lender does not exercise or
enforce any right of Lender under this Mortgage or under the law,Lender will still have all of those
rights and may exercise and enforce them in the future.
10. T --ENMRCE MORE IRAN ONE OF
LENDER'S RIGHTS. Each of Lenders rights under this Mortgage is sepanft. Lender may exercise
and enforce one or more of those rights,as well as any of Lenders other rights under the law,one
at a time or all at once.
11. OBLIGATIONS OF BOR_ROM . If more than one person signs this Mortgage
as Borrower, each of us is fully obligated to keep all of Borrower's promises and obligations
contained in this Mortgage. Lender may enforce Lender's rights under this Mortgage against each
of us individually or against all of us together. This means that any one of us may be required to pay
all of the amounts owed under the Note and under this Mortgage. However,if one of us does not
sign the Note,then: (a)that person is signing this Mortgage only to give that person's rights in the
Property to Lender under the terms of this Mortgage;and(b)that person is not personally obligated
to make payments or to act under the Note.
12. CAPTIONS. The captions and tides of this Mortgage are for convenience only.
They may not be used to interpret or to define the terms of this Mortgage.
13. AGREEMENTS ABO 1T GIVING NOIICES NOTICES REQUIRED
UNDER THIS MORTGAGF. Unless the law requires otherwise,any notice that must be given to
me under this Mortgage will be given by delivering it or by mailing it addressed to me at the address
stated in Paragraph(B)of the section above titled"Words Used Often In This Document and Parties
and their Addresses." A notice will be delivered or mailed to me at a different address if I give
Lender a notice of my different address. Any notice that must be given to Lender under this
Mortgage will be given by mailing it to Lenders address stated in Paragraph(C)of the section above
titled"Words Used Often In This Document and Parties and Their Addresses." A notice will be
mailed to Lender at a different address if Lender gives me a notice of the different address. A notice
required by this Mort PP is given when it is mailed or when it is delivered according to the
requirements of this Paragraph.
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14. LAW THAT GOVERNS THL MORMAGE The law of the State of Hawaii will
govern this Mortgage. N any term of this Mortgage or of the Note conflicts with that law,all other
terms of this Mortgage and of the Note will still remain in effect if they can be given effect without
the conflicting teem. This means that any terms of this Mortgage and of the Note which conflict with
the law can be separated from the remaining terms,and the remaining terms will still be enforced.
15. nEYANCS OR ASSIgba fi T. I will not convey,assignor transfer(whether
by way of Deed, Mortgage,Assignment of Lease,Agreement of Sale or other conveyance)any of
my interest in the Property. Any attempt to do so will not be effective unless Ifirst obtain the written
consent of Lender.
16. DEFAULT. I will be in default under this Mortgage if:
(1) I fail to make any monthly payment due under the Note or am otherwise in default
under the Note.
(2) 1 fail to keep any promise or agreement made in this Mortgage and do not correct
the failure within thirty(30)days after Lender gives me notice requesting correction.
(3) I convey,assign or transfer any of my interest in the Property without first obtaining
Lender's written consent.
17. I. ER'S RIGfPI'S Ip BORROWER IS IN DEFAULT.
(A) ". If there is a default under this Mortgage,then without
prior notice to me you can demand that I pay immediately the entire amount then remaining unpaid
under the Note and tinder this Mortgage. You may do this without making any further demand for
payment. This demand will be called%nmediate payment in Pull".
(B) M=losure and Sale". N I default under this Mortgage, you can also start a
"Foreclosure and Sale"of the Property,without giving me prior mica
A "Foreclosure and Sale"of the Property will take away,forever, all of my rights in the
Property. You can do this without having to give a bond to a court. The Property can be sold in
"whole" (as one property) or in "part" (as several pieces of property) at a private sale or public
auction. The buyer,who may be you or another person,will acquire the property free and clear of
any of my claims to the Property. The buyer would then own the property. If I have not moved out
before then,the buyer can remove me(and other persons,including my family,allowed by me to be
on the Property)from the Property. This is known as Ibreeclosure and Sale".
If the Property is a leasehold,the buyer will then own the leasehold interest for the rest of
j the lease tens,plus any extensions and renewals of the lease term.
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until you release this Mortgage or otherwise release me in writing)appoint you as my"attorney--ia-
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fact" (authorized representative)to do all that is necessary to transfer my rights in the Property by
a Foreclosure and Sale. This includes your being able to transfer the Property to a buyer at the sale,
and, without giving notice to me, your being able to make any arrangements that you desire
concerning this Mortgage and that buyer to protect you rights in this Mortgage and the Property.
A law of the State of Hawaii, now known as "Section 667-5 of the Hawaii Revised
Statutes,"provides for a Foreclosure and Sale of property under a"Power of Sale". This"Power of
Sale" will let you foreclose the Mortgage and sell the Property without having to start a lawsuit,if
I should default under the Mortgage. I give you that"Power of Sale"under Section 667-5 and under
any successor statute,as such law may be amended.
If you exercise your right to get a Foreclosure and Sale of the Property,you will follow the
procedures that are required of you by the laws of the State of Hawaii.
The proceeds from the sale of the Property by Foreclosure and Sale will be applied to pay
for any liens on the Property which are superior to this Mortgage,all amounts I owe you under the
Note and this Mortgage including Tuture Advances" as well as all Of'Your costs and expenses
including "Commissioner's" (auctioneees)fees and attorneys'fees,in bringing a Foreclosure and
Sale,plus interest,as allowed by this Mortgage and law. If the proceeds are not sufficient to pay an
of the amounts that I owe you,then you will have the right to get a"personal judgment" (a court
order)against me for the difference,or you can get any other remedy available to you under the law
and this Mortgage. N then are any"surplus"(remaining)proceeds after you pay for all of the above,
then those surplus proceeds will belong to me.
In any lawsuit for foreclosure and sale, Lender will have the right to collect all costs
allowed by law,including reasonable attorneys'fees.
Lender shall also have an immediate right to a receivership without any requirement for
prior notice to me or a hearing. The receiver shall serve without a bond.
In addition to having a foreclosure and sale,Lender may take any other actions allowed by
law. This includes,for example,setting off(deducting)amounts that I owe Lender from any funds
that Lender may owe to me. For example,if I have money on deposit in an account with Lender,
Lender may take the money in that account to pay what I owe under the Note and this Mortgage.
(C) 'Deed in Lle u of Forecl=VZ:. I will execute a quitclaim deed to the Lender on the
property secured by this Mortgage.to be held by the Lender as security for my payment obligations
under the Note and Mortgage. If I fail to make any payment under the Note or Mortgage,and such
default continues for more than ninety(90)days,as indicated on the Lender's records,Lender may
send me a demand for payment in full of all amounts in default, which may include interest, late
charges, costs of collection (including reasonable attorney's fees),and such other amounts as are
allowed under this Mortgage. Any such demand by Lender shall be sent by cerdfie d mail,return
receipt requested. I will make payment in hilt of the amounts in default within fifteen(1 S)days after
the date Lender mails the demand. In the event that I do not make payment in full within the stated
deadline,Lender shall be authorized to record the
quitclaim deed in lieu of lenders forecIosun
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rights discussed above in pmgraph(B). Upon such recordation,I agree that I will have no furdw
interest in the property described in the quitclaim deed Leader shall sell the property and reimburse
itself for all costs and damages incurred because of my default, and to the extent then an excess
proceeds,they shall be paid to the Borrower. If I make all payments required under the Note and the
Mortgage,Lender will return the quitclaim deed to me,together with a signed release of mortgage
as provided below.
18. LENDER'S RIGHTS TO RENTAL PAYMENTS FROM
THE PROPERTY AND TO TAKE POSSESSION OP THE PROPERTY. As additional protection
for Lender,I give to Lender all of my rights to any rental payments from the Property. However,
until I am in default,I have the right to collect and keep those rental payments as they become due.
I have not given any of my rights to rental payments from the Property to anyone else,and I will not
do so without Under's consent in writing.
If I am in default,then Lender,persons authorized by Lender,or a receiver appointed by
a court at Lender's request may: (A)collect the rental payments,including ovmhm rental payments,
directly from the tenants;(B)enter on and take possession of the Property;(C)manage the Property;
and(D)sign,cancel and change leases. I agree that if Lender notifies the tenants that Leader has the
right to collect rental payments directly from them under this Paragraph,the tenants may make those
rental payments to Lender without having to ask whether I have failed to keep my promises and
agrzements under this Mortgage.
If there is a judgment for Lender in a lawsuit for foreclosure and sale,I will pay to Lender
reasonable rent from the date the judgment is entered for as long as I occupy the Property, However,
this does not give me the right to occupy the Property.
All rental payments collected by Lender or by a receiver,other than the rent paid by me
under this Paragraph,will be used fast to pay the costs of collecting rental payments and managing
the Property. H any part of the rental payments remains after those rusts have been paid in full,the
remaining part will be used to reduce the amount that I owe to Lender under the Note and under this
Mortgage. The costs of managing the Property may include the receiver's fees and reasonable
attorneys'fees. Lender and the receiver will be obligated to account only for those rental payments
that they actually receive.
19. LENDER'S OBLIGATION TO DISCHARGE THIS MORTGAGE WHEN TIi1?
NOTE AND THIS MORTOAGE AM EM IN Raj,,, When I have paid all amounts due under �
the Note and this Mortgage,Lender will send to me a fully executed release of mortgage and the
! pmsigned quitclaim deed within 30 days stating that this Mortgage has been satisfied I will pay all
costs of recording the release of mortgage in the proper official records.
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20. CHANGING THIS MORTt3AQp,. This Mortgage can be changed only if Lender
and I sign a writing agreeing to the change.
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21. BORROWER'S FRE®OM TO QKKW INSURANCE COMPANY. I
understand that I can get any insurance required by this Mortgage from any insurance company
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licensed to sell that insurance in Hawaii,subject to Lender's right to refuse an insurer for cause or
reasonable excuse.
22. EDIANCING STATEM=. This Mortgage also serves as a financing statement
to perfect the Lender's security interest in the Property.
23• AURELMaIM&USE DISCL -SUS If the property described in Exhibit A is
situated within the Agricultural zone,the Mortgagor's use of the property described herein,including
constriction of farm dwellings,shall be in compliance with State and County laws and ordinaries,
and all rules and regulations promulgated thereunder,including without limitation,Hawaii Revised
Statutes Chapter 205,and Hawaii County Code Chapter 25. Any subsequent deed,lease,agreement
of sale, mortgage,or other instrument of conveyance of this property shall expressly contain the
foregoing restriction on uses and this restriction shall run with the land until such time that the land
is reclassified to a land use district other than the agricultural district.
By signing this Mortgage I agree to all of the above.
DONNA ,
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APPROVED AS TO FORM
PtSTER K.KUBOTA
ATTORNEY AT LAW
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STATE OF HAWAII )
COUNTY OF HAWAII )
On this day of_c/� TE�•� 2005,before me personally apps
DONNA MAY TARAFE,to me]mown(or proved to me on the basis of satisfactory evidence)to
be the person described in and who executed the foregoing instrument,and acknowledged to me that
she executed the same as her Ste act and deed
�''tc.�.�MAT;Z'G
TA R Y :"�pT Name: IFLVIN Y.MATSUNAGA f-
* Notary Public,State of Hawaii
c �*
�,'•.,,'°U B L►G,•.•� My commission expires: `
� FNp.
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EXHIBIT"A"
All of that certain parcel of land situate in the District of Puna, Island, County and State
of Hawaii, State of Hawaii, being LOT 1034 of the "NANAWALE ESTATES SUBDIVISION,
UNIT 2", as shown on File Plan Number 780, filed in the Bureau of Conveyances of the State of
Hawaii, and containing an area of 8,040 square feet,more or less.
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iBeing the premises acquired by Donna May Tarape, single,by Quitclaim Deed dated--
(acknowledged August 26, 2005, and September 30, 2005), and recorded in the said Bureau of
Conveyances as Document No., Doc 2008-008527
JAN 13,2008 08;01 AM
END OF EXHIBIT"A"
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i hereby certify that this fs
a true copy from the records ,
of the Bureau of Conveyances.
-_ R-389 STATE OF HAWAII
BUREAU RECORDED CONVEYANCES
Registrar of Conveyances FE812,2007 08:01 AM
Assistant Registrar, Land Court ooc No(s)Zoos-o�soss E
State of Hawaii I
!s/CARL T.WATANABE ?
REGISTRAR OF CONVEYANCES
IIII 1111 111 IUI CTax(15):$15.00
20 1 J1 Z9
LAND COURT SYSTEM REGULAR SYSTEM
M
Remo by: MAIL (X PICKIM
LAURIB ANN BASS 15 We N -O
19 Mohouli Street
H=HI 94720
TRIS UOi.'U11d8P1T CoNPAm 5 PAaw
TT172 OF DOCDMCIT:
t
QUITCLAIM DIM
PARTMS TO DOCUMI9,,Tr: t
GRANTORS DONNA MAY TARAPE,doSie,whose '
PO.Box 2234 Pahoa,Hawaii 96778
;
GRANTS& LAURIE ANN BASS,=ree4 whose mailing addms is 711 Keknaoaoa
SUM616 BIRD,RawsH%726
TAX MAP KEY(3)14-W=
cb.
EXHIBIT "D"
QUrrCLAIM DES
DONNA MAY TARAPE,tbi&whom nag address L PO. Box 2234
Pahoa;Hawaii 96778 baeee�ihhaltar eadledtbe•tlrartoor",moomldt 'iondtbea®
of Ten Dollas($10.00)and other good sad vahuble conddustim to the Cirs ator paid by]EAU=
ANN BASS,msrrled, whose mailing address is 711 Kdmmam areas,nfty Hawaii 9CM,
h—Inafter calid the "CiranW, the reoeipt of whin is sclohowledged. Nita►, releases and
quitclaims moto the Grantee,the property deamRW in attedhod lb@dbit"A",heawiatler called the '<
AND do mvetsions,ramainden,rant,issues and proft and im of the state,agbt,title
4,
and I MIM of the Grmhtor,both at law and in q*ty,in and to do property.
TO HAVB AND TO HOLD the propartq,htc
Wftg the jmpiq�ntg*am n,sod all ,.
tights,easements,priv0egos sad appmtteniinva belong or to at bold and enjoyed
with the property,anW the GraMee as the Orantee'i able and sepmtte.psaperty, sad the said
Orm3tee't heirs,permw IMPIVOMPVto tivea and assigns„is flee simple ftvvw
This is ht is bang given to the Grauft is lieu ofthe Graateee's=aid=of its dShd
to fateeclose upon the Neft and Mortgage secured by the property described hereon(the`Note and
Mortgage", and upon recordation of this dead and a release of mortgage,the Grantor abaTl be
mleased &CM fWdW liab V or defide cy judgment under the Noce smd the M7[g �e, $is is
expr+asly Intended that this conveyance to the ticaoft"not coasKtame a d title,sad t>ffi
the Gmtee may nekase its 1►fort$age At a>star date,aver,any preecaooe perW in bonlmarpicy or is
other app Hcable statzttmy period has mclxred
This Instrunient and the covamb of the Grantor sheer be binding upon the Cheater and
Inure to the benefit of da Gnmtem The terms Y3rnnme sad"Groatea•as and when owed Tier'aia,or
any promouns used in place thmW, aball mean and InWude the at plural aombe,
V.P"Merships, buttes and corpon ibm, and each of tbek mq cetft Theses,primal f
MP=MtgdvM ewoca mrs and assigns. All covenants and obiigastioot undertaim by two or mote
persons shall be deemod to be joint and several unless a codawy iubmtoa is Beady mqc msted
herein. t.
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IN WITNESS WMWOF,the undersigned has executiod this insb=wA on
SEP 0 9 .2005.
DONNA MAY T
GRANTOR
APMVM AS TO DORM
ATfORPW AT LAW
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STATE OF HAWAII )
COUNTY OF HAWAII )
On this T day of �E- �� �' . 2045, before me personally appeared
DONNA MAY TARAPE,to me known(or proved to me on the basis of satisfacwy evidence)to
be the person described in and who executed the foregoing instrument,and acknowledged to me that
she executed the same as her free act and deed.
MA
J:•'' OUR y kM
:'+y Name: MV M Y.MATSMAGA I/
Notary Public,State of Hawaii
* ��'•r�UBLtG My commission expires: 3`
OF
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EXH- R 1T"A"
Alt of that certain parcel of land situate in dw District of Puna,Island,County and State ,
of Hawaii, Stara of Hawaii, being LOT 1034 of the "NANAWAL,B ESTAIM SUBDIVISION,
UMr 2n,as shown on Me Plan Number 780,(sled in the Bureau of Conveyances of the State of
Hawaii,and containing an area of 8,040 square feet,more or less.
Being the premisea acquired by Donna May Taupe,single,by Deed dated_ September
30, 2005 and recorded is the said Bunven of Conveyances as Document NM 2006-008527
�ID OF1T"A"
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Incident Repo County oU, J di Fire Department
2006-0011674 -000
Basic
Alarm Date and Time 21:30:00 Tuesday,August 1,2006
Arrival Time 21:48:08
Controlled Time 22:00:00
Last Unit Cleared Date and Time 00:29:42 Wednesday,August 2 2006
8�
Response Time 0:18:08
Priority Response Yes
Completed Yes
Reviewed Yes
Fire Department Station 10
Shift A
Incident Type 111 -Building fire
Initial Dispatch Code FO1
Aid Given or Received N-None
Alarms 1
Action Taken 1 11 -Extinguish
Action Taken 2 12-Salvage&overhaul
Apparatus-Suppression 2
Apparatus-EMS 5
Personnel-Suppression Personnel 2
Personnel-EMS Personnel 12
Property Loss $80,000.00
Contents Loss $0.00
Property Value $80,000.00
Contents Value $0.00
Detector Alerted occupants U
Hazardous Material Released N-None
Mixed Use NN-Not mixed use
Property Use 419- 1 or 2 family dwelling
Location Type Address
Address 143411 OAHU RD
City, State Zip PAHOA,HI 96778
District 1
Census Tract 0211.00
Latitude 69.945274
Longitude 24434054.0
Fire
Structure Type 1 -Enclosed building
Number of Residential I
Number of Buildings Involved 1
Area of Origin UU-Undetermined
Heat Source UU-Undetermined
Item First Ignited UU-Undetermined
Type of Material UU-Undetermined
Cause of Ignition U-Cause undetermined after investigation
Contribution To Ignition I UU-Undetermined
Human Factors None
Suppression Factor I NNN-None I
EXHIBIT "F"
Page: 1 Printed: 05/07/2007 07:24:29
Incident Re�(
P n. County of I ii Fire Department
2006-0011674 -000
Fire
Equipment Type NNN-None
Structure
Status 6- vacant and unsecured
Floor of Origin 1
Stories Above Grade I
Building Length 40
Building Width 20
Total Square Feet 800
Fire Spread 4-Confined to building of origin
Stories with Extreme Damage I
Item Contributing To Spread 12-Exterior wall covering or finish
Type of Material Contributing To 64-plywood
Detector Presence 3
AES Presence 3
Apparatus-EIS
Apparatus ID E 18
Response Time 0:13:04
Apparatus Dispatch Date and Time 21:31:43 Tuesday,August 1,2006
En route to scene date and time 21:35:04 Tuesday,August 1,2006
Apparatus Arrival Date and Time 21:48:08 Tuesday,August 1,2006
Apparatus Clear Date and Time 00:14:26 Wednesday,August 2,2006
Apparatus priority response yes
Number of People 2
Apparatus Use 2
Apparatus Action Taken 1 11 -Extinguish
Apparatus Action Taken 2 86-Investigate
Apparatus Action Taken 3 12-Salvage&overhaul
Apparatus Action Taken 4 81 -Incident command
Apparatus Type 11 -Engine
Personnel 1 02084-MEDEIROS, TY,A
Position:FEO
Personnel Action Taken 1: 11 -Extinguish
Personnel Action Taken 2: 81 -Incident command
Personnel Action Taken 3: 58-Operate apparatus or vehicle
Personnel Action Taken 4: 12-Salvage&overhaul
Personnel 2 02125-RANNE, ADAM K
Position: FF
Personnel Action Taken 1: 11 - Extinguish
Personnel Action Taken 2: 12-Salvage&overhaul
i
Apparatus-E05
Apparatus ID E05
Response Time 0:19:39
Apparatus Dispatch Date and Time 21:31:42 Tuesday,August 1,2006
En route to scene date and time 21:33:45 Tuesday,August 1,2006
A-
FP
aratus Arrival Date and Time 2 i-53:24 Tuesday,August I,2006
I
Page: 2 Print: !: 05/07/2 )7 07:24:29
County o��
. Incident Rope,.. .) ii Fire Department.
2006-0011674 -000
Apparatus-E05
Apparatus Clear Date and Time 23:45:57 Tuesday,August 1,2006
Apparatus priority response Yes
Number of People 3
Apparatus Use 2
Apparatus Action Taken 1 11 -Extinguish
Apparatus Action Taken 2 12-Salvage&overhaul
Apparatus Type 11 -Engine
Personnel 1 01982-HAUGE,THOMAS I
Position:CAPT
Personnel Action Taken 1: 11 -Extinguish
Personnel Action Taken 2: 12-Salvage&overhaul
Personnel 2 02018-KANE,GREGORY K
Position: FEO
Personnel Action Taken 1: 11 -Extinguish
Personnel Action Taken 2: 12-Salvage&overhaul
Personnel Action Taken 3: 58-Operate apparatus or vehicle
Personnel 3 01911 -AUSTRIA,PAULINO B
Position:FF
Personnel Action Taken 1: 11 -Extinguish
Personnel Action Taken 2: 12-Salvage&overhaul
Apparatus-BC1
Apparatus ID BC 1
Response Time 0:21:27
Apparatus Dispatch Date and Time 21:31:45 Tuesday,August 1,2006
En route to scene date and time 21:35:52 Tuesday,August 1,2006
Apparatus Arrival Date and Time 21:57:19 Tuesday,August 1,2006
Apparatus Clear Date and Time 22:32:46 Tuesday,August 1,2006
Apparatus priority response Yes
Number of People 1
Apparatus Use 1
Apparatus Action Taken 1 81 -Incident command
Apparatus Type 92-Chief officer car
Personnel 1 02132-ROWE,RAYMOND K
Position: BC
Personnel Action Taken 1: 81 -Incident command
Apparatus-E10
Apparatus ID E10
Response Time 0:25:30
Apparatus Dispatch Date and Time 21:33:51 Tuesday,August 1,2006
En route to scene date and time 21:33:57 Tuesday,August 1,2006
Apparatus Arrival Date and Time 21:59:27 Tuesday,August 1,2006
Apparatus Clear Date and Time 00:19:34 Wednesday,August 2,2006
Apparatus priority response Yes
Number of People 3
Apparatus Use 2
?1 -
Apparatus Action Taken 1 Extinguish
i
Page: 3 Printed: 05/07/2007 07:24:29
Incident Repo County ofd\) ii Fire Department
2006-0011674 -000
Apparatus-E10
Apparatus Action Taken 2 12- Salvage&overhaul
Apparatus Type 11 -Engine
Personnel 1 01996-HOSE,HOWARD H
Position: FF
Personnel Action Taken 1: 11 -Extinguish
Personnel Action Taken 2: 12-Salvage&overhaul
Personnel 2 02025-KIHARA,JOHN T
Position:CAPT
Personnel Action Taken 1: 11 -Extinguish
Personnel Action Taken 2: 12-Salvage&overhaul
Personnel 3 01900-ALLEN,GEORGE W
Position: FEO
Personnel Action Taken 1: 58-Operate apparatus or vehicle
Personnel Action Taken 2: 11 -Extinguish
Personnel Action Taken 3: 12-Salvage&overhaul
Apparatus-M10
Apparatus ID M10
Response Time 0:25:33
Apparatus Dispatch Date and Time 21:32:36 Tuesday,August 1,2006
En route to scene date and time 21:33:55 Tuesday,August 1,2006
Apparatus Arrival Date and Time 21:59:28 Tuesday,August 1,2006
Apparatus Clear Date and Time 00:19:40 Wednesday,August 2,2006
Apparatus priority response Yes
Number of People 3
Apparatus Use 2
Apparatus Action Taken 1 11 -Extinguish
Apparatus Action Taken 2 12-Salvage&overhaul
Apparatus Type 76-ALS unit
Personnel 1 02001 -IGNACIO,ALFRED D
Position:EMT
Personnel Action Taken 1: 11 -Extinguish
Personnel Action Taken 2: 12-Salvage&overhaul
Personnel Action Taken 3: 58-Operate apparatus or vehicle
Personnel 2 02172-UEDA,KENDALL K
Position: MICT
Personnel Action Taken 1: 11 -Extinguish
Personnel Action Taken 2: 12-Salvage&overhaul
Personnel 3 04129-TAMURA, SEAN H
Position: FF/R
Personnel Action Taken 1: 11 -Extinguish
Personnel Action Taken 2: 12-Salvage&overhaul
Apparatus-T01
Apparatus ID TO1
Response Time 0:35:21
Apparatus Dispatch Date and Time 21:31:44 Tuesday,August 1,2006
En route to scene date ar:d time 21:33:58 Tuesday,August i,2006
Page: 4 Printed: 05/07/2007 07:24:29
County of ! ii Fire Department
. Incident Report-' �
2006-0011674 -000
Apparatus-T01
Apparatus Arrival Date and Time 22:09:19 Tuesday,August 1,2006
Apparatus Clear Date and Time 00:19:44 Wednesday,August 2,2006
Apparatus priority response Yes
Number of People I
Apparatus Use 2
Apparatus Action Taken 1 76-Provide water
Apparatus Type 24-Tanker or tender
Personnel 1 03559-SMITH, IAN C
Position: FF
Personnel Action Taken 1:76-Provide water
Personnel Action Taken 2: 58-Ope rate apparatus or vehicle
Apparatus-PV1
Apparatus ID PV 1
Response Time 0:30:58
Apparatus Dispatch Date and Time 22:43:17 Tuesday,August 1,2006
En route to scene date and time 22:47:12 Tuesday,August 1,2006
Apparatus Arrival Date and Time 23:18:10 Tuesday,August 1,2006
Apparatus Clear Date and Time 00:29:41 Wednesday,August 2,2006
Apparatus priority response Yes
Number of People I
Apparatus Use I
Apparatus Action Taken 1 86-Investigate
Apparatus Type 92-Chief officer car
Personnel 1 01683-PACLEB,JACK C
Position:CAPT
Personnel Action Taken 1: 86-Investigate
Authority
Reported By 02025-KIHARA,JOHN T
01:35:51 Wednesday,August 2,2006
Officer In Charge 02132-ROWE,RAYMOND K
01:35:48 Wednesday,August 2,2006
Reviewer 02132-ROWE,RAYMOND K
01:36:10 Wednesday,August 2,2006
Narratives
Narrative Name CAD Narrative
Narrative Type CAD Narrative
Author -
Narrative Text F200614013 E Type: FO STRUCTURE-RESIDENTIAL Sub Type:
FIRE ALL FIRES Disp:
ON ALIITHINGS ARE EXPLODING ALL OVER THE PLACEOFFICERS IN AREA
FIRE NOT ON SCENE AS YETOFFICERS REQUESTING ETA FOR HFDTHE FIRE
IS ONE BLOCK AWAY FROM THIS RP-S HOUSE,WANTS TO KNOW WHEN
THEY ARERESPONDINGTHIS RP DOES NOT WANT TO GIVE HIS NAMEPER
E10-ETA 5 MINSETA FOR HFD ABOUT 5 MINPER HPD THEY ARE ON SCENE,
WANT HFD ETA'\FIRE IS NOW ONLY ABOUT 30 FEET FROM THE NEIGHBORS
Page: 5 Printed: 05/07/2007 07:24:29
County of H Fire Department
Incident Report C
2006-0011674 -000
Narratives
HOUSE TO THE REARTHAT NEIGHBOR IS OUT WITH HIS GARDEN
HOSECOMMENTS:
DN NANAWALE RT KAPUNA LF OAHU I ST RT HSE ALE RT KAPUNA LF
OAHNOT SURE IF ANYONE IS IN THE HOUSEPOLICE HAVE RAIDED THIS
HOUSE BEFOREHOUSE IS FULLY INVOLVEDTO"143411 OAHU RD PN:NEXT
DOOR TO THIS RESIDENCE,PAST THIS RESIDENCE"AT:08/01/06
21:31:47NOTSURE IF ANYONE LIVES IN THIS STRUCTURELOOKS LIKE
WHOLE FRONT OF THE HOUSE ON FIREPOPPING SOUNDS IN THE
HOUSEPAST TWO DAYS SAW FRONT GATE TO HOUSE OPENPAST THIS
RESIDENCE"TO"143411 OAHU RD PN:NEXT TO THIS ADDRESS"AT:
08/0 1/0621:3 3:44FLAMES ARE TALLAS PALM TREEHAVE GOTTEN ALEAST 7-10
CALLS FOR THE FIREA NEIGHBOR ACROSS THE STREET SAID HPD WAS AT
THE HOUSE 2 WEEKS AGO AND EVERYONEOUT OF HOUSEPER ENG 10 WET
DOWN COMPLETEALL UNTS RETURNING TO QUARTERSPER BC 1-E18 AND
E05 AVAIL AT SCENEPER BC 1,WILLB ERESONDIN TO KAU SHORTLY,TO IS
NEEDED AT OAHU RD FOR OVERHAULPER BC I'-CAPT 10 INCHARGE OF
SCENEPER BC 1,NEED INSPPER BC I-FIRE OUT, INSPECTORS NEEDED,
WETTING DOWNNOTIFIED JACK,AT 2225,ETA 60 MINSPER E18-HPD
CONFIRMED ICE HOUSEADVISED HELCO, LAURIEPER E 18-HAZMAT
COMPANY WILL NOT BE NEEDED AT THIS TIMEPER HELCO, 30 MINS ETAPER
E05-20X40,VEHILCES ON FIREPER BC 1-WILL BE NOTIFING IF INSPECTION
INSEPETEDPER EIO-FIRE UNDER CONTROLEIO--FIRE OUTPER ENG 10 FIRE
OUT AND WETTING DOWNRP CALLING FROM OAHU RDPER THE RP,FIRE IS
BEHIND THE HOUSE IN THE BRUSH,FLAMES ARE 40 FEET HIGHPER THE RP,
HOUSE IS NOT ON FIRE,IT LOOKS LIKE THE BRUSH IS ON FIRE85410
61-GRAHAMPER THE RP,IS WALKING AWAY,HEARD PEOPLE CAN BE HEARD
TALKINGTHE RP,IS NOW
Narrative Name Structure fire
Narrative Type Incident
Narrative Date 01:32:53 Wednesday,August 2,2006
Author 02025-KIHARA,JOHN T
Author Rank CAPT
Author Assignment I
Narrative Text At 2130 hours on Tuesday August 1,2006 we were dispatched to a building fire. Eight
units were assigned to this incident.Thirteen personnel responded. We arrived on scene at
2148 hours and cleared at 0029 hours.The incident occurred at 143411 OAHU Rd,
PAHOA in District 1.The local station is 10.The general description of this property is 1
or 2 family dwelling.The primary task(s)performed at the scene by responding personnel
was extinguishment.No mutual/automatic aid was given or received.
The involved structure is described as an enclosed building.The building was vacant and
unsecured.This building has one story above ground.The fire occurred on the first floor.
The fire was confined to building of origin.The cause of ignition is undetermined after
investigation.
The material contributing most to flame spread was"plywood". The use,or purpose of the
contributing material was"exterior wall covering or finish".
Page: 6 Printed: 05/07/2007 07:24:29
Incident Report r__ County of tip` Fire Department
2006-0011674 -000
Narratives
The estimated property loss on this incident was$80,000.The estimated property value
was$80,000.
Alarm number 0011674 has been assigned to this incident. Found single family,single
story,vacant dwelling fully engulfed. Preconnect handlines and boosterlines utilized for
suppression and extinguishment.
End of Report
Page: 7 Printed: 05/07/2007 07:24:29
C 0
HAWAII COUNTY POLICE DEPARTMENT
Report # C06023992 Incident Sheet ORI Number: H10010000
page: 1 printed on: 08/07/200616:11 (Mon)
Report# C06023992 Offense Code: FIRE(FIRE)
Occurred Address: 143405 OAHU RD PAHOA,HI 96778
District PN Post: 836 Source:
Case#:
Disposition Clearance
Date Reported: 08/01/2006 21:30 TlE UCR Clearance
Date Occurred: 08/01/2006 21:30 TlE TO 0810112006 21:30 TUE Case Status: Investigation Continuing
Vict/Susp Rel: Status Date: 08/01/2006
Shooting: Domestic Violence: Hate Crime: Follow-Up: Reclassify:
Date Approved By Supervisor 08/07/200616:11 Supervising Officer. CHAVES,DEXTER$181220
Division: PATROL Reporting Offloer. LEE,JENNY S 184600
Date Assigned To Investigator.08/01/2006 22:32 Investigator Assigned: LEE,JENNY#184600
Synopsis: FIRE DISPATCH REPORTED A RESIDENCE ON OAHU RD ENGULFED IN FLAMES. LAST KNOWN OWNER OF RESIDENCE IS
DONNA TARAPE
WPC: 0844-06/1923 HOURS
EXHIBIT "G"
HAWAII COUNTY POLICE DEPARTMENT
Report # C06o23992
Page: 2 Incident Sheet ORZ Number: H10010000
Printed on: 08/07/2006 16:11 (Mon)
Associated Names
VICTIM Vict/Susp Rel: Name: TARAPE,DONNA U
DOB: 05/09/1952 Ag�me:54 Juv: N Sex F SSN: 575-60-6529 Race: RUpgrp
Home Phone: (808)96&9624 Work Phone: O��pie.
Arrest# HH-56539 FBI: SBI: State: UCR Date:
Appr Status: Appr By;
Charges:
Circumstance:
Visitor Military: Police Dept Associate: Justif. Homicide:
Follow-Up: Weap:
Injured: Reasons for Treatment:
Hospital:
Treated: Voluntary:
Physician:
Transported By: EjEZ ned: Refused Admission: Sent Home:
Condition:
tion:
Injuries:
Breath Test: Blood Test: Refused Test: Test Results:
Drivers License State: Expiration: Number: NONE
Primary Address:14-3305 OAHU STREET PAHOA,Hil 96779
Primary Mailing: PO BOX 2234 PAHOA,HI 96779
Second Address:
Second Mailing:
Employer Occupation Phone Number Employed From Employed To
NONE NONE
Work Address:
Comment:
HAWAII COUNTY POLICE DEPARTMENT
Report # C06023992 Incident Sheet ORI Number: H10010000
Page: 3 Printed on: 08107/200616:11 (Mon)
Offense Codes
Code:FFE Rank:0 Attempt Dom Violence:
Date Occurred(FROM): Date Occurred(TO): Date Reported:
Bias; I Statute:
Location:SNGLE FAMLY RESIDENCE Final Location: Rape Location:
Entry Type: I Entry Area: Instrument Used:Other
#Premises Entered: 0 Entry Method: Entry Point 1: Entry Point 2:
Exit Point 1: Exit Point 2: 1 Method Of Exit
Area Target Property Target 1: None
Property Target 2: Property Target 3:
Victim Target: Time Of Day:
Circumstance: UNKNOWN Seckuity 1: Other Security 2:
Weapon 1: Nate jAutomafic: I Weapon 2: Automatic:
Weapon 3: Automatic:
Criminal Ad 1: 1C riminal Ad 2: Criminal Ad 3:
Suspected Use 1: Suspected Use 2: Suspected Use 3:
Susp.Action to Prem. 1: Other Susp.Action to Prom.2: Susp.Action to Prom.3:
Susp.Action on Vic. 1: None Susp.Action on Vict.2: Susp.Action on Vld.3:
Susp.Other Action 1: Other Susp.Other Action 2: Susp.Other Action 3:
Susp.SolicittOffered 1: Other Susp.Solicit/Offered 2: Susp.Solldt/Offered 3:
Victim Use 1: Victim Use 2: Mclim Use 3.
Victim Activity: Victim Condition: None Precp.Circumstance: Unknown
Vehicle Locked: Keys in Ignition- #Louvers Removed: 0
Photographed: Dusting: Not Dusted Arson:
Remarks:
C 0
E Donna TARAPE 08-01-2006 006023992
14-3405 Oahu Road Ofcr. J. LEE PN
Pahoa, Hawaii FIRE
PAGE 1 OF 3 PAGES
ASSIGNMENT/ARRIVAL
08-01-2006 : 2135 Mrs. : I was informed by Dispatch
that fire personnel was responding to a fire at a residence at
14-3405 Oahu Road. I arrived at approximately 2143 hours.
VICTIM'S STATEMENT
The victim was identified as:
Donna TARAPE, F-54
DOB: 05-09-1952
SSN: 575-60-6529
14-3405 Oahu Road
Nanawale Estates
Pahoa, Hawaii 96778
I was unable to obtain a victim's statement, being
that the victim is currently in custody and this residence has
been unoccupied for approximately one week.
WITNESS INTERVIEW
There are no witnesses to interview at this time.
NEIGHBORHOOD CHECKS
Neighborhood checks were conducted. I contacted a
male party identified as:
Tony K. BEAUDET, M-41
DOB: 03-11-1965
Lanai Street, first
house on the left
Ph. : 960-2609
This male party stated that he just moved in on
approximately the 25th or 26th of July. He stated that he was
aware of the drug activity at the neighbor' s house. He stated
16081/114
Donna TARAPE 08-01-2006 006023992
14-3405 Oahu Road Ofcr. J. LEE PN
Pahoa, Hawaii FIRE
PAGE 2 OF 3 PAGES
that he has not heard anything for a week, but tonight at around
6 : 00 p.m. (1800 hours) , he heard a female voice coming from that
residence. He was not sure exactly what was said, but he stated
that he heard something about needing $5000 and that someone
needed a place to stay.
He stated that he heard the voices of possibly two
other male parties along with the female party. After that, he
did not pay attention until approximately 9:00 p.m. or so (2100
hours) when he noticed the house on fire.
SCENE
The scene is located at 14-3405 Oahu Street in Pahoa,
Hawaii 96720. It is a wooden single-family residence in the
District of Puna and County of Hawaii.
PROPERTY DESCRIPTION/VALUE
The property is a single-family residence, unknown
value.
HFD INTERVIEWED
I contacted Captain John RIHARA of the Pahoa Fire
Station. Captain KIHARA stated that the investigator had
informed him that the start of the fire was undetermined at this
time.
PHOTOGRAPHS
Refer to the Photographic Record submitted under this
report number.
INVESTIGATION
The investigation reveals that on 08-01-2006, a
single-family residence of the address 14-3405 Oahu Road was
engulfed in flames. The fire was put out by the Hawaii Fire
16081/114
Donna TARAPE 08-01-2006 006023992
14-3405 Oahu Road Ofcr. J. LEE PN
Pahoa, Hawaii FIRE
PAGE 3 OF 3 PAGES
Department. I was informed by Captain KIHARA that the start of
the fire is undetermined.
I made checks with a neighbor who stated that he heard
a female and a couple of male voices coming from that residence,
but did not see or hear anything unusual.
DISPOSITION
In view of the above events, I recommend that this
investigation be suspended until there are further leads in
identifying the start of the fire.
INV. SUSPENDED
Z
APPROVED Je L E #388
PO 3W PN
08-04-2006 1923 HRS
DATE:
08-17-2006 THU 0848 HRS
16081/114
1• , C
POLICE DEPARTMENT- PHOTOGRAPHIC RECORD Report No. C06023992 DUST: IN
Occurred On: 08/01/08 21:30 PAGE:1 of 1
Location: RECEIPT#1
(For Internal Use Action: RECOVERED
Offense Cods I Literal aster Report 8 Status Clearenu isposltlon
FIRE-FIRE ikon Cordin
VICTIM Last Name,First Name,Middle Name address Res Phone/Bus Phone
TARAPF-DONN&M 14-3305 OMW STREET PAHOA HI (808)965.9624
*covering Officer Recovery Location Recovery Date I Time
LEE-184600 1143411 OAHU RDOOPAHOA, HI 96778 08/02/06 16:00 to 16:05
Photo T : POLAROID Photographer: OFCR JENNY LEE#3881184800
ITEM OTY Description Code
1 5 POLAROID PROT08 K
1-1 OVERALL VIEW OF BACK Of RENaINE OP RESIDENCE
1-2 OVERALL VIEW OF VESICLES TOWARDS FACE OF RESIDENCE
1-3 OVERALL VIEW 07 RRHAIRS or FRONT OP RESIDRNCN
1-4 OVERALL VIEW 07 REINS 07 FRONT 07 RESIDENCE
1-8 OVERALL VIEW 07 FRONT 07 RRSIDENCE
CHAIN OF CUSTODY RELEASE AUTHORIZED BY: DATE: TIME:
ITEM (to) (SIGNATURE) I EMPLOYEES RECEIVED BY(SIGNATURE) I EMPLOYEE 8 DATE TIME
EMPLOYEES DATE TIME 1APPROVEDBY EMPLOYEE 8 DATE TIME
3IQ2rY L8E 184400
IN THE CIRCUIT COURT OF THE THIRD CIRCUIT
STATE OF HAWAII
DANIEL A. JOHNSON, CIVIL NO. 06-1-0303
Plaintiff,
NOTICE OF MOTION
vs.
STATE OF HAWAII; COUNTY OF
HAWAII; PETER MACDONALD,
KAREN MAYS; RUTH FORBES; ALVINA
KAHOONEI; MARIA MILLER; AND
JOHN DOES 1-50.
Defendants.
NOTICE OF MOTION
TO: DANIEL A. JOHNSON NANCY ALBANO, ESQ.
c/o Law Office of Chris P. Bertelmann Deputy Attorney General
166 Kamehameha Avenue, Suite 7 Department of the Attorney General
Hilo, Hawaii 96720 State of Hawaii
Plaintiff Pro Se 425 Queen Street
Honolulu, Hawaii 96813
Attorney for Defendants
STATE OF HAWAII, PETER
MACDONALD, KAREN MAYS,
RUTH FORBES, ALVINA
KAHOONEI AND MARIA MILLER
PLEASE TAKE NOTICE that the undersigned will bring the foregoing motion on for
hearing before the Honorable Presiding Judge of the above-entitled court, in his courtroom,
located at the State Building, Second Floor, 75 Aupuni Street, Hilo, Hawaii, on Wednesday,
April 23, 2008, at 8:00 a.m., or as soon thereafter as counsel can be heard.
Dated: Hilo, Hawaii, March 17, 2008.
COUNTY F HAWAII De f dart
By 4 U
MI HAEL J. UD VIC
Deputy Corporation Counsel
Its Attorney
I
IN THE CIRCUIT COURT OF THE THIRD CIRCUIT
STATE OF HAWAII
DANIEL A. JOHNSON, CIVIL NO. 06-1-0303
Plaintiff,
CERTIFICATE OF SERVICE
vs.
STATE OF HAWAI`l; COUNTY OF
HAWAII; PETER MACDONALD,
KAREN MAYS; RUTH FORBES; ALVINA
KAHOONEI; MARIA MILLER; AND
JOHN DOES 1-50.
Defendants.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing document was served upon the
following by mailing the same, postage prepaid, on March 17, 2008:
DANIEL A. JOHNSON
c/o Law Office of Chris P. Bertelmann
166 Kamehameha Avenue, Suite 7
Hilo, Hawaii 96720
Plaintiff Pro Se
NANCY ALBANO, ESQ.
Deputy Attorney General
Department of the Attorney General
State of Hawaii
425 Queen Street
Honolulu, Hawaii 96813
Attorney for Defendants
STATE OF HAWAII, PETER MACDONALD,
KAREN MAYS, RUTH FORBES, ALVINA KAHOONEI
AND MARIA MILLER
M CHAEL J. UDbVIC
Deputy Corporation Counsel
County of Hawai`i