No. D-911-CV-2010-00202

By on December 9, 2011

THE STATE OF NEW MEXICO

COUNTY OF ROOSEVELT

NINTH JUDICIAL DISTRICT

No. D-911-CV-2010-00202

WELLS FARGO BANK, N.A.                                Plaintiff,                        

vs.  

RODNEY D. TIVIS, a married person as his sole and separate property; ABC Corporations I-X,

XYZ Partnerships I-X, John Does I-X and Jane Does I-X, THE UNKNOWN HEIRS AND DEVISEES OF ANY OF THE ABOVE, IF DECEASED,                Defendants.

NOTICE OF SALE ON FORECLOSURE

PLEASE TAKE NOTICE that the above-entitled Court, having appointed me or my designee as Special Master in this matter with the power to sell, has ordered me to sell the real property (the “Property”) situated in ROOSEVELT County, New Mexico, commonly known as 105 East 16th Street, Portales, NM 88130, and more particularly described as follows:

A tract in Lot Eight (8) of the Goodloe Subdivision of Block Seventy-two (72) School Addition, City ofPortales,Roosevelt County,New Mexico, being described as follows:

Lot Eight (8) of the Goodloe Subdivision of Block Seventy-two (72) of the School Addition to the Town, now City of Portales, Roosevelt County, New Mexico, according to the official recorded plat thereof; LESS AND EXCEPT a tract beginning at a point on the west line of Lot 8, which is 63.4 feet north of the southwest corner of Lot 8 and is 3.3 feet south of the southwest corner of Lot 9; thence, 89°54’ E, a distance of 175.83 feet along a steel fence and block wall; thence, North, along the west line of the alley, a distance of 4.9 feet to the southeast corner of Lot 9;thence, West, along the line between Lots 8 and 9, a distance of 175.83 feet to the Northwest corner of Lot 8;

thence, South, along the west line ofLot8, a distance of 3.3 feet to the point and place of beginning; together with all improvements thereon,

The sale is to begin at 1:15 PM. on Thursday, January 12, 2012, on the front steps of the Ninth Judicial District Courthouse, City of Portales, County of Roosevelt, State of New Mexico, at which time I will sell to the highest and best bidder for cash in lawful currency of the United States of America, the Property to pay expenses of sale, and to satisfy the Judgment granted Wells Fargo Bank, N.A.

Wells Fargo Bank, N.A. was awarded a Judgment on November 17, 2011, in the principal sum of $108,279.09, plus outstanding interest on the balance through October 13, 2011, in the amount of $5,430.52, plus allowable late charges of $541.68, plus escrow advance balance in the amount of $5,253.49, plus corporate advance balance in the amount of $770.00, plus other fees in the amount of $30.00, plus attorney’s fees in the sum of $950.00, and costs incurred through November 15, 2011, in the sum of $641.19, with interest on the Judgment including late charges, property preservation fees, escrow advances, attorney’s fees and costs of this suit at the rate of 3.000% per annum from date of the entry of the Judgment until paid.

NOTICE IS FURTHER GIVEN that the real property and improvements concerned with herein 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.  Wells Fargo Bank, N.A. and its 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 as real or personal property, affixture of any mobile or manufactured home to the land, deactivation of title to a mobile or manufactured home on the property, if any, 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 a one (1) month right of redemption.

PROSPECTIVE PURCHASERS ATSALEARE ADVISED TO MAKE THEIR OWN EXAMINATION OF THE TITLE AND THE CONDITION OF THE PROPERTY AND TO CONSULT THEIR OWN ATTORNEY BEFORE BIDDING.

By:                                                           Faisal Sukhyani, Special Master

925 Luna Circle, Suite 2

Albuquerque,NM87102

(505) 980-9866

HCS Pub. December 9, 16, 23, 30, 2011

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