STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT COURT
No. D-0202-CV-2010-07686
CML-NM ONE, LLC, a Florida limited liability company,
Plaintiff,
vs.
THE TRAILS, LLC, a Nevada limited liability company; LONGFORD HOMES OF NEW MEXICO, a Nevada corporation; JOHN K. MURTAGH and SUSAN E. MURTAGH, Trustees of the MURTAGH FAMILY LIVING TRUST; JOHN K. MURTAGH, individually; SUSAN E. MURTAGH, individually; SALLY BLACK RUSCITTI; AMY G. BLACK; RANDOLPH E. BLACK; METRO FUNDING CORP., a New Jersey corporation; and SURV-TEK, INC., a New Mexico corporation,
Defendants.
NOTICE OF SALE
NOTICE is hereby given that on April 17, 2012, at the hour of 10:00 am the undersigned
Special Master, will, at the front entrance of the Bernalillo County Courthouse, at 400 Lomas
Blvd. NW,Albuquerque,NM87103, sell all of the right, title and interest of the above-named
Defendants, in and to the hereinafter described real estate to the highest bidder for cash. The property to be sold (the “Property”) is located at Universe Blvd. NW and Avenida de Jamito NW, Albuquerque, New Mexico 87114, COA Zone Atlas C-10 (if there is a conflict between the legal description and the above address, the legal description shall control), and shall include any
improvements, fixtures, and attachments. The Property is more particularly described as
follows:
Parcel as shown on Warranty Deed Book A87, page 5010 A tract of land situate within the
Northwest Quarter (NW 1/4) of projected Section 15, Township 11 North, Range 2 East,
New Mexico Principal Meridian, within the Town ofAlamedaGrant,BernalilloCounty,
New Mexico, being more particularly described as follows: BEGINNING for a tie at the
U.S.L.O. marker on the South boundary of the Town ofAlameda Grant, which is a point
common to Section 15 and 16 Township 11 North, Range 2 East, N.M.P.M., Bernalillo
County,New Mexicorunning; Thence, N. 0 degrees 02’E., 1962.6 feet to a point; Thence,
N. 89 degrees 55’30” E., 660.0 feet to the Southwest corner and point of beginning of the
parcel herein described; Thence, N. 0 degrees 02’E., 660.0 feet to the Northwest corner;
Thence, N. 89 degrees 55’ 30” E., a distance of 330.0 feet to the Northeast corner; Thence,
S. 0 degrees 02’W., distance 660.0 feet to the Southeast corner; Thence, S. 89 degrees 55’ 30”W., a distance of 330.0 feet to the point of beginning.
Parcel as shown on Special Warranty Deed Book A65, page 5664 A certain tract of land
located within the Alameda Grant, being more particularly described as follows:
BEGINNING for a tie at the U.S.L.O. marker on the South boundary of the Town of
Alameda Grant, which is a point common to Sections 15 and 16, T.11N, R2E, N.M.P.M.,
Bernalillo County,New Mexico; Thence, N. 0 degrees 02’E., a distance of 1302.60 feet to the Southwest corner and point of beginning of the parcel herein described; Thence, N. 0
degrees 02’E., a distance of 660.0 feet to the Northwest corner; Thence, N. 89 degrees 55’ 30”E., a distance of 330.0 feet to the Northeast corner; Thence, S. 0 degrees 02’W., a
distance of 660.0 feet to the Southeast corner; Thence, S. 89 degrees 55’ 30”W., a distance
of 330.0 feet to the point of beginning.
Parcel as shown on Special Warranty Deed Book A65, page 5664 A certain tract of land
located within the Alameda Grant, being more particularly described as follows:
BEGINNING for a tie as the U.S.L.O. marker on the South boundary of the Town of
Alameda Grant, which is a point Sections 15 and 16, T11N, R2E, N.M.P.M., Bernalillo County, New Mexico; Thence, N. 0 degrees 02’E., a distance of 1302.60 feet to a point; Thence, N. 89 degrees 55’ 30”E., a distance of 330.0 feet to the Southwest corner and point
of beginning of the parcel herein described; Thence, N. 0 degrees 02’E., a distance of 660.0
feet to the Northwest corner; Thence, N. 89 degrees 55’ 30”E., a distance of 330.0 feet to the Northeast corner; Thence, S. 0 degrees 02’W., a distance of 660.0 feet to the Southeast
corner; Thence, S. 89 degrees 55’ 30”W., a distance of 330.0 feet to the point of beginning.
Parcel as shown on Special Warranty Deed Book A65, page 5664 A certain tract of land
located within the Alameda Grant, being more particularly described as follows:
BEGINNING for a tie at the U.S.L.O. marker on the South boundary of the Town of
Alameda Grant, which is a point Common to Sections 15 and 16, T11N, R2E. N.M.P.M.,
Bernalillo County,New Mexico; Thence, N. 0 degrees 02’E., a distance of 642.60 feet to a
point; Thence, N. 89 degrees 55’ 30”E., a distance of 3300 feet to the Southwest corner and
point of beginning of the parcel herein described; Thence, N. 0 degrees 02’E., a distance of
660.0 feet to the Northwest corner; Thence, N. 89 degrees 55’ 30”E., a distance of 330.0 feet to the Northeast corner; Thence, S. 0 degrees 02’W., a distance of 660.0 feet to the
Southeast corner; Thence, S 89 degrees 55’ 30”W., a distance of 330.0 feet to the point of
beginning.
Parcel as shown on Special Warranty Deed Book A65, page 5664 A tract of land situate
within the Northwest Quarter (NW 1/4) of projected Section 15, Township 11 North, Range
2 East, N.M.P.M., within the Town ofAlamedaGrant,Bernalillo County,New Mexico,
being more particularly described as follows: BEGINNING at the Southwest corner of the tract herein described, whence the point of intersection of the South boundary of the Town of Alameda Grant, with the boundary common to Sections 15 and 16, Township 11 North,
Range 2 East, bears S. 0 degrees 02’W., 642.60 feet distant; Thence, from the point of beginning, N. 0 degrees 02’E., 660 feet distance to the Northwest corner of the tract herein described; Thence, N. 89 degrees 55’ 30”E., 330.0 feet distance to the Northeast corner of the herein described tract herein described: Thence, S. 8 degrees 02’W., 660.0 feet distance to the Southeast corner of the tract herein described; Thence, S. 89 degrees, 55’ 30”W., 330.0 feet distance to the point of beginning.
Parcel as shown on Special Warranty Deed Book A65, page 5664 A tract of land situate
within the Town ofAlameda Grant, being within the NW 1/4NW1/4SW1/4, projected
Section 15, Black Ranch, Township 11 North, Range 2 East, N.M.P.M., City of
Albuquerque,Bernalillo County,New Mexico, and being more particularly described as
follows: BEGINNING at the Southeast corner of the herein described tract, from whence
AlbuquerqueControlSurveyMonumentbears N. 57 degrees 00” 46”E., 1403.09 feet;
Thence, N. 89 degrees 41’ 49”W., 330.0 feet to the Southwest corner; Thence, N. 00 degrees 15’ 57”E., 641.89 feet to the Northwest corner; Thence, S. 89 degrees 49’ 59”E., 330.0 feet to the Northeast corner; Thence, S. 0 degrees 15’ 57”W., feet to the point of beginning.
Parcel as shown on Warranty Deed Book A87, page 7462 A certain parcel of land located
in the Northwest Quarter (NW1/4) of projected Section 15, Township 11 North, Range 2
East, New Mexico Principal Meridian, within the Town ofAlamedaGrant, Bernalillo
County,New Mexico, being more particularly described as follows: BEGINNING for a tie
at the U.S.L.O. marker on the South boundary of the Town ofAlameda Grant, which is a
point common to Sections 15 and 16, Township11 North, Range 2 East, N.M.P.M.,
Bernalillo County,New Mexicorunning: Thence, N. 0 degrees 02’E., 1302.6 feet to a point;
Thence, N. 89 degrees 55’30”E., 660.0 feet to the Southwest corner and point of beginning
of the parcel herein described; Thence, N. 0 degrees 02’E., 660.0 feet to the Northwest
corner; Thence, N. 89 degrees 55’ 30”E., a distance of 330.0 feet to the Northeast corner;
Thence, S. 0 degrees 02’W., a distance of 660.0 feet to the Southwest corner; Thence, S. 89
degrees 55’ 30”W., a distance of 330.0 feet to the true point of beginning.
Subject to all taxes, utility liens and other restrictions and easements of record, and subject to a ninety (90) day right of redemption by the Defendants upon entry of an order approving sale. The foregoing sale will be made to satisfy a foreclosure judgment rendered by this Court in the above-entitled and numbered cause on March 6, 2012, being an action to foreclose a mortgage on the above-described property. The Plaintiff’s judgment is $3,253,858.03, and the same bears interest at the current variable rate of 1% higher than the prime rate published by the Wall Street Journal, which accrues at the rate of $615.80 per diem, commencing on February 24, 2012, with
the Court retaining jurisdiction to allow Plaintiff to present supplemental evidence of any
additional recoverable attorneys fees and costs, so that the court can enter a supplemental or
amended judgment awarding Plaintiff the entire amount to which it is entitled pursuant to the Note, Mortgage and Guaranties that were subject of the above described lawsuit. The Plaintiff has the right to bid at such sale all of its judgment amount and submit its bid verbally or in writing. The Plaintiff may apply all or any part of its judgment to the purchase price in lieu of cash. The sale may be postponed and rescheduled at the discretion of the Special Master. The Court’s decree, having duly appointed its Special Master to advertise and immediately offer for sale the subject real estate and to apply the proceeds of sale, first to the costs of the sale,
including publication costs, recording fees and Special Master’s fees; second to the payment of any taxes and assessments then owing, third to the payment of the above-described judgment,
including principal, interest, attorneys fees and costs incurred after February 24, 2012, and fourth to pay into the registry of the Court any balance remaining to satisfy the remaining Defendants that have liens that are being foreclosed as set forth in the final judgment, or otherwise as the Court may direct.
NOW, THEREFORE, notice is hereby given that in the event that said property is not
sooner redeemed, the undersigned will as set forth above, offer for sale and sell to the highest bidder for cash or equivalent, the lands and improvements described above for the purpose of
satisfying, in the adjudged order of priorities, the judgment described herein and decree of
foreclosure together with any additional costs and attorney’s fees, costs of advertisement and
publication, a reasonable receiver and Special Master’s fee to be fixed by the Court. The total amount of the judgment due is $3,253,858.03, plus interest from and after February 24, 2012 at the rate of $615.80 per day to and including date of sale. The sale is subject to the entry of an order of the Court approving the terms and conditions of this sale.
_/s/ electronically signed
EDWARD J. ROIBAL
SPECIAL MASTER
201 3rd St. NW #1180
Albuquerque,NM87102-3381
Email: [email protected]
HCS Pub. March 16, 23, 30, 2012, April 6, 2012
