HAR §4-153-25
HAR §4-153-25. Consent to mortgage
Cite as Haw. Code R. § 4-153-25
(a) Whenever
under this chapter or under any agricultural park lease
issued by the board, consent of the State is required as
a condition precedent to the mortgage of, or the
creation of a security interest in public land, the
chairperson may, upon due application, grant the
consent, and if the mortgage or security interest is to
a recognized lending institution authorized to do
business in the State of Hawaii, the consent shall
extend to foreclosure and sale at the foreclosure to any
purchaser, provided that the purchaser is qualified
under this chapter to lease and hold the land or any
interest therein.
(b) The holder of record having a security
interest includes any insurer or guarantor of the
obligation or condition of the mortgage, including any
federal mortgage lending agency and its respective
successors and assigns or any lending institution
authorized to do business in the State of Hawaii;
provided that the consent to mortgage to a
nongovernmental holder shall not confer any greater
rights or powers in the holder than those which would be
required by any federal mortgage lending agency. [Eff
3/6/92; comp ] (Auth: HRS §§166-6, 166-
9) (Imp: HRS §§166-6, 166-9)