NO. D-202-CV-2011-09782

By on June 29, 2012

STATE OF NEW MEXICO

COUNTY OF BERNALILLO

SECOND JUDICIAL DISTRICT COURT

NO. D-202-CV-2011-09782

SANDIA LABORATORY FEDERAL CREDIT UNION,

Plaintiff,

v.

JAMES C. HEINEN, ET AL.

Defendants.

NOTICE OF SALE ON FORECLOSURE

NOTICE IS HEREBY GIVEN that the above entitled Court, having appointed the undersigned as Special Master in this matter with the power to sell, has ordered the Special Master to sell the below described  real property, situated in the County of Bernalillo, State of New Mexico, more particularly described as:

Lot Numbered Eight (8) in Block numbered Thirty-two (32) of E. M. Chapman, Jr.’s Subdivision of Blocks 31, 32 and 33 of MESA VILLAGE, a Subdivision within the City of Albuquerque, New Mexico, as the same is shown and designated on the Plat of said Subdivision, filed in the office of the County Clerk of Bernalillo County, New Mexico on September 15, 1954 in Plat Book C2, page 192.

More commonly described as1028 Espejo St. NE,Albuquerque,NM87112.

The sale shall commence at 4:45 p.m. on August 2, 2012, at the front entrance to the Second Judicial  District Court House, at 400 Lomas NW, Albuquerque, NM 87103.   The property will be sold “As Is” to the highest bidder for cash.  The property will be sold subject to any and all unpaid taxes and to any liens and assessments not otherwise foreclosed upon herein. Interested bidders should undertake to make their own determination as to the status of title.

For purposes of this sale, “cash” shall mean (1) cash on hand, (2) other immediately available funds, including, but not limited to, bank cashier’s checks, or (3) an irrevocable letter of credit payable at sight issued by a financial institution acceptable to and in a form acceptable to the Special Master in an amount not less than the bid amount, delivered to and approved by the Special Master prior to sale.

For purposes of thisSale, the term “immediately available funds” shall refer to those funds that can be delivered to the Special Master within TWENTY-FOUR (24) hours of the acceptance of the bid.

NOTICE IS FURTHER GIVEN that the proceeds of sale will be applied as follows:  first, to all costs and expenses of sale, including the Special Master’s fee and costs; second, to the judgment awarded to Plaintiff  in the amount of $89,612.01, plus interest from August 30, 2011, at the rate of 4.6% per annum;  plus attorney fees in the amount of $1,500.14, costs incurred by Plaintiff in the amount of $251.16 and expenses incurred by Plaintiff in the amount of $208.65, plus interest from April 2, 2012 at the rate of 8.75% per annum; third, to the payment of WAKEFIELD & ASSOCIATES, INC.’s lien in the amount of $5,150.50, its costs and attorney fees herein; fourth,  in such manner as the Court may determine by order entered after the sale.

NOTICE IS FINALLY GIVEN that Plaintiff may bid and purchase the property at the foreclosure sale and may apply all or a portion of its judgment as cash toward the purchase price.

Respectfully submitted:

By: s/Kathleen M. Brandt, Attorney at Law

KATHLEEN M. BRANDT

Special Master

1212PennsylvaniaNE

Albuquerque,NM87110

(505) 266-8787

HCS Pub. June 29, July 6, 13, 20, 2012

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