No. D-820-CV-2011-00440

By on February 24, 2012

THE STATE OF NEW MEXICO

COUNTY OF TAOS

EIGHTH JUDICIAL DISTRICT

No.  D-820-CV-2011-00440

WELLS FARGO BANK, NA,                 Plaintiff,                         

vs.          

LYNARD P. STROUD JR., a single man; 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 Taos County, New Mexico, commonly known as 26582 E US Highway 64, Taos, NM 87571, and more particularly described as follows:

A certain tract of Land in Taos Canyon, Taos County, New Mexico , within the NE 1/4 of Section 26, Township 25 North, Range 14 East, NMPM; and more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch rebar set for the SE corner of this tract on the northerly boundary line of the Carson National Forest, and the true point of beginning, from whence a USDA-FS brass cap monument found for the E 1/4 corner of Section 26, Township 25 North, Range 14 East, NMPM, bears N 88° 43’ 46” E, 495.00 feet distant, thence along said Forest Service boundary line;  S 88° 43’ 46” W, 113.79 feet to a 5/8 inch rebar set for the NW corner of this tract, thence leaving said boundary line; N 00° 17’ 24” E, 1042.22 feet to an angle iron found, thence; N 00° 46’ 25” W, 94.70 feet to a 5/8 inch rebar set as a witness corner, thence; N 00° 46’ 25” W, 40.00 feet to a point used for the NW corner of this tract on the Rio Fernando de Taos, thence; N 85° 18’ 50” E, 99.57 feet to a point used for the NE corner of this tract, thence leaving said Rio Fernando de Taos; S 00° 32’ 12” E , 25.00 feet to a 5/8 inch rebar set as a witness corner, thence; S 00° 32’ 12” E, 86.28 feet to a 5/8 inch rebar set, thence; S 00° 32’ 12” E, 1071.28 feet to the TRUE POINT AND PLACE OF BEGINNING.  This tract contains 2.855 acres, more or less.  and   Parcel 1( Mrs. O.E. Palmer-Survey)  A certain tract of land in Taos Canyon, Taos County, New Mexico, within the NE 1/4 of Section 26, Township 25 North , Range 14 East, NMPM; described as Parcel 1 of the Mrs. O.E. Palmer Survey; and more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch rebar set for the SE corner of this tract on the northerly boundary line of the Carson National Forest, and the true point of beginning, from whence a USDA-FS brass cap monument found for the E 1/4 corner of Section 26, Township 25 North, Range 14 East, NMPM, bears N 88° 43’ 46” E, 395.00 feet distant, thence along said Carson National Forest boundary line;  S 88° 43’ 46” W, 100.00 feet to a 5/8 inch rebar set for the SW corner of this tract, thence leaving said boundary line; N 00° 32’ 12” W, 1071.28 feet to a 5/8 inch rebar set , thence; N 00° 32; 12” W, 86.28 feet to a 5/8 inch rebar set as a witness corner, thence; N 00° 32’ 12” W, 7.91 feet to a point used for the NW corner of this tract on the Rio Fernando de Taos, thence leaving said Rio Fernando de Taos; N 67° 11’ 37” E, 111.67 feet to a 5/8 inch rebar set for the NE corner of this tract, thence; S 00° 22’ 39” E, 105.60 feet to a 5/8 inch rebar set, thence; S 00° 22’ 39” E, 1100.90 feet to the TRUE POINT AND PLACE OF BEGINNING.  This tract contains 2.767 acres, more or less.

The sale is to begin at 1:45 p.m. on March 19, 2012, on the front steps of the Eighth Judicial District, City of Taos, County of Taos, 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, NA. was awarded a Judgment on January 23, 2012, in the principal sum of $194,888.00, plus outstanding interest on the balance through November 24, 2011, in the amount of $9,581.54, plus late charges of $497.50, plus escrow advance in the amount of $2,082.65, plus corporate advances in the amount of $100.00, plus other fees billed in the amount of $20.00, plus attorneys fees in the sum of $950.00 and costs through December 30, 2011 in the sum of $894.32, 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 4.625% 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, NA 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. February 24, March 2, 9, 16, 2012

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