No. D-0202-CV-2011-01879

By on May 25, 2012

THE STATE OF NEW MEXICO

COUNTY OF BERNALILLO

SECOND JUDICIAL DISTRICT

No.  D-0202-CV-2011-01879

US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR HOME EQUITY PASS-THROUGH CERTIFICATES SERIES HEAT 2006-5,                   Plaintiff,    

vs.          

JIMMY L. PINEDA and DOLORES N. PINEDA, husband and wife; NEW MEXICO DEPARTMENT OF TAXATION AND REVENUE; NEW MEXICO DEPARTMENT OF WORKFORCE SOLUTIONS; PRESBYTERIAN HEALTHCARE SERVICES; 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 Bernalillo County, New Mexico, commonly known as 716 Georgia Street Southeast, Albuquerque, NM 87108, and more particularly described as follows:

LOT NUMBERED FIVE (5) IN BLOCK NUMBERED THRITY (30) OF HATCHELL-RICE SUBDIVISION OF BLOCK 30, OF MESA PARK ADDITION AN ADDITION TO THE CITY OF ALBUQUERQUE, NEW MEXICO, AS THE SAME IS SHOWN AND DESIGNATED ON THE PLAT OF SAID ADDITION, FILED IN THE OFFICE OF THE COUNTY CLERK OF BERNALILLO COUNTY, NEW MEXICO ON NOVEMBER 24, 1952, IN PLAT BOOK B2, PAGE 144.

The sale is to begin at 9:30 a.m. on June 19, 2012, on the front steps of the Second Judicial District Court, City of Albuquerque, County of Bernalillo, 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 US Bank National Association, as Trustee for Home Equity Pass-Through Certificates Series HEAT 2006-5 (hereinafter referred to as US Bank National Association).

US Bank National Association was awarded a Judgment on March 27, 2012, in the principal sum of $155,461.30, plus outstanding interest on the balance through March 23, 2012, in the amount of $7,718.59, plus late charges of $39.08, plus escrow advance in the amount of $6,316.81, plus corporate advances in the amount of $570.00, plus fees billed in the amount of $35.73, plus attorneys fees in the sum of $1,650.00 and costs through March 26, 2012 in the sum of $815.80, 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 2.875% per annum from date of the entry of the Judgment until paid. The total amount due under the Judgment on March 27, 2012 was 172,607.31. The amount of such interest to the date of the sale will be $1,142.05.

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.  US Bank National Association 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:                                                           Scott Harenberg, Special Master

925 Luna Circle, Suite 2

Albuquerque,NM87102

(505) 980-9866

HCS Pub. May 25, June 1, 8, 15, 2012

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