No. CV-2009-02643

By on August 3, 2012

STATE OF NEW MEXICO

COUNTY OF BERNALILLO

SECOND JUDICIAL DISTRICT   COURT

No. CV-2009-02643

WEST BLUFF CHILD LEARNING CENTER, LLC and SABRINA GURULE,

Plaintiffs,

v.

ALBUQUERQUE HOME LOANS, LLC, a New Mexico Limited Liability Company,

WALTER FUQUA, BENNETT LIVING TRUST, CITY OF ALBUQUERQUE, AND COUNTY OF BERNALILLO,

DCG PROPERTIES, LLC, an Arizona Limited Liability Company,

Defendants.

NOTICE OF FORECLOSURE SALE

Notice is hereby given that Alfred M. Sanchez, Esq., Special Master will on September 10, 2012, at 11:30 a.m. at the entrance to the Bernalillo County Courthouse, 400 Lomas NW, Albuquerque, New Mexico 87103, sell and convey to the highest bidder for cash all right, title and interest of the above named Defendants and all others having an interest in and to the property, ”), except the Property will be sold subject to and shall remain liable for any liens filed by governmental agencies against the Property located in Bernalillo County, New Mexico, and having a common street address of 2912 Corona NW, Albuquerque, New Mexico 87120, and being more specifically described as:

Lots 9 and 10 in Block lettered “D” of the Cacy Subdivision, the Northeast Unit, Town of Atrisco Grant, as said lots are shown and designated on the plat thereof, filed in the Office of the County Clerk of Bernalillo County, New Mexico on December 4, 1952, in Plat Book C2, Page 137, County of Bernalillo, State of New Mexico, (herein referred to as the “Property).

The sale will be made pursuant to the Order for Default Judgment of

Foreclosure of Bennett Living Trust’s Note and Mortgage and Order for Foreclosure entered on July 12, 2012, which granted Bennett’s Cross claim to Foreclose Bennett’s Mortgage dated July 28, 2004, said Mortgage having been filed of record in Bernalillo County, New Mexico, on August 3, 2004, in Book A81, at Page 0582 of the Mortgage records of the County Clerk of Bernalillo County, New Mexico (hereinafter called “Mortgage”).  The mortgage secured payment of a Note dated July 28, 2004 that Cross-claim Defendant ALBUQUERQUE HOME LOANS, LLC (hereinafter called “AHL”) executed and delivered to Cross Claim Plaintiff Bennett in the principal sum of $200,000 bearing interest at the rate of Seven and one-half (7.5%) percent per annum. (hereinafter called the “Note”) to foreclose the Note and Mortgage and a judgment held by Bennett Living Trust, wherein Bennett Living Trust was adjudged to have a lien against the Property in the sum of $373,485.30, bearing interest at the rate of $41.10 per day from July 12, 2012 until paid in full and further subject to the liens owed to the City of Albuquerque, the County of Bernalillo and the State of New Mexico plus costs of sale, including reasonable attorney fees, publication and Special Master’s fee.

The expenses of sale and the fee of the Special Master shall be deducted from the sale proceeds before satisfaction of judgment.  Any party bidding its judgment, or any part thereof, may submit its bid to the Special Master, either orally or in writing, prior to or at the sale.  All other bids must be for cash or funds in a form acceptable to the Bennett Living Trust and must be paid by 5:00 p.m. on the day of the sale.  Plaintiff may apply all or any part of its judgment to the purchase price of the Property in lieu of cash.  The sale may be postponed and rescheduled at the discretion of the Special Master, Alfred Sanchez, 301 Gold SW, #202,Albuquerque,N.M.87102, Tel. 242-1979.

Robert S. Simon,1415 Park Ave. SW,Albuquerque,N.M.87104, (505) 246-8136 is the attorney for the Bennett Living Trust.  Inquiries regarding this sale may be made to Robert S. Simon.

/s/ Robert S. Simon

1415 Park Ave.SW                                                Albuquerque,N.M.87104

Tel. (505) 246-8136

E mail rsimon7@aol.com

HCS Pub. August 3, 10, 17, 24, 2012

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