D -202-CV-201003422

By on March 25, 2011

STATE OF NEW MEXICO COUNTY OF BERNALILLO SECOND JUDICIAL DISTRICT COURT

D -202-CV-201003422
WELLS FARGO BANK, NATIONAL ASSOCIATION Plaintiff, vs. DAVID C. MADDOX, UNITED STATES SMALL BUSINESS ADMINISTRATION, and DIAMANTE SPAS OF ALBUQUERQUE, INC., a New Mexico Corporation Defendants. vs. ENCHANTMENT LAND CERTIFIED DEVELOPMENT COMPANY, a New Mexico nonprofit corporation, as Successor in Interest to the UNITED STATES SMALL BUSINESS ADMINISTRATION Cross-claimant, vs. DAVID C. MADDOX, Individually, and DIAMANTE SPAS OF ALBUQUERQUE, INC., a New Mexico Corporation Cross Defendants.

NOTICE OF SALE Notice is hereby given that the undersigned Special Master will, on April 14, 2011, at 10.00 a.m., at the Bernalillo County Judicial Complex, 400 Lomas Blvd. NW, Albuquerque, New Mexico, sell and convey to the highest bidder for cash at the time of the sale all the right, title and interest of the above-named Defendants in and to the following described real estate located in the abovenamed County and State: A certain Parcel of land situate within the Town of Alameda Grant in projected Section 8, Township 11 North, Range 3 East, New Mexico Principal Meridian, City of Albuquerque, Bernalillo County, New Mexico, comprising all of Tract C-6A1 of the Cottonwood Mall, as the same is shown and designated on the plat entitled “Tracts C-5A and C-6A1 cottonwood Mall (being a replat of Tracts C-5 and C-6A, Cottonwood Mall) City of Albuquerque, Bernalillo County, New Mexico” filed in the office of the County Clerk of Bernalillo County, New Mexico on July 2, 1998 in Volume 98C, Folio 181 more particularly described by Metes end Bounds description as follows: BEGINNING AT THE Southwest corner of said Tract C-6A, (a 5/8’ rebar and cap stamped LS 9750 found in place), said point also being the Southwest corner of said Tract C-7A and point on the Northeasterly rightof way line of Coors Boulevard bypass, N.W., Whence the NMSHC Monument “NM 448-N10” bears S.00 56’ 01” E., 3022.71 feet; THENCE, N. 58 12 36” E., 198.44 feet along the line common to said Tracts C-6Aand C-7A, to a point of curvature; THENCE, Southeasterly, 132.22 feet on the arc of a curve to the left (said curve having a radius of 168.00 feet and a chord which bears S. 65 20’ 07” E., 128.84 feet) to a point of reverse curvature; THENCE, Southeasterly, 9.62 feet on the arc of a curve to the right (said curve having a radius of 100.00 feet and a chord which bears S. 85 07’ 33 E., 9.62 feet) being the Northeast corner of the parcel herein described; THENCE; S. 42 18’ 27” W., 249.57 FEET TO THE Southeast corner of the Parcel herein described, being also a point on said Easterly right-of-way line of Coors Boulevard Bypass N.W. and a point on curve; THENCE, Northwesterly, 185.53 feet on the arc of a curve to the right (said curve having a radius of 1068.00 feet and a chord which bears N. 43 25’ 55” W., 185.30 feet) to the point of beginning of the Parcel herein described, more commonly known as 10020 Coors Bypass Blvd NW, Albuquerque, New Mexico. The address of the real estate is 10020 Coors Bypass Blvd. NW, Albuquerque, New Mexico. The sale will be made pursuant to: 1) the Decree of Foreclosure entered on March 1, 2011, in the above-entitled and numbered cause, which was a suit to foreclose a note and mortgage held by Plaintiff and where Plaintiff was granted judgment and has a lien against the abovedescribed real estate in the sum of $538,230.22 (including interest to the date of sale), plus additional costs and attorney’s fees necessary to protect the real estate, together with costs of sale including a reasonable Special Master’s fee, and 2) the Stipulated Judgment entered March 9, 2011 in this action in favor of Enchantment Land Certified Development Company (“ELCDC”) on its subordinate lien against the above-described real estate in the sum of $458,830.65 (including interest to the date of sale). Plaintiff and ELCDC have the right to submit their respective bids verbally or in writing. Plaintiff and ELCDC may apply all or any part of their respective judgments to the purchase price in lieu of cash. The sale may be postponed and re-scheduled at the discretion of the Special Master. Notice is further given that the real property and improvements will be sold subject to any and all patent reservations, easements, all recorded and unrecorded liens not foreclosed herein, and all recorded and unrecorded special assessments and taxes that may be due. Plaintiff, ELCDC and their attorneys disclaim all responsibility for, and the purchaser at the sale takes the property subject to, the valuation of the property by the county assessor, environmental contamination on the property, if any, and zoning violations concerning the property, if any. Notice is further given that the purchaser at such sale shall take title to the above described real property subject to any applicable rights of redemption. The Court has previously adjudicated the redemption period after judicial sale to be one (1) month.

DATED at Albuquerque, New
Mexico, on __________.
/s/
Scott E. Turner, Special Master
500 Marquette Ave. NW #1480
Albuquerque, NM 87102-5325
(505) 242-1300
Submitted by:
STARKWEATHER LAW

OFFICE, P.C.
3736 Eubank Blvd.., N.E.,
Bldg. C
Albuquerque, New Mexico
87111
(505) 872-1978
CERTIFICATE OF MAILING
I certify that a true and correct
copy of this Notice of Sale was
mailed on March 10, 2011,
to Ronald Taylor, Attorney for
David Maddox and Diamante
Spas, 708 Marquette N.W.,
Albuquerque, NM 87102-
2035, and to Gordon S. Little,
Ltd., Attorney for Wells Fargo
Bank, NA, 500 Marquette N.W.,
Suite 1410, Albuquerque,
New Mexico 87102.
/s/
Rodney J. Starkweather
HCS Pub. March 11, 18, 25,
April 1, 2011

 

Leave a Reply

Your email address will not be published.