NO. D-202-CV-2012-03579

By on August 31, 2012

STATE OF NEW MEXICO

COUNTY OF BERNALILLO

SECOND JUDICIAL DISTRICT COURT

NO. D-202-CV-2012-03579

SANDIA LABORATORY FEDERAL CREDIT UNION,

Plaintiff,

v.

THE UNKNOWN HEIRS, DEVISEES, OR LEGATEES, IF ANY, OF MARTIN L. BARNABY, deceased, 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:

Lotnumbered Seven (7), in Block numbered Six (6), of the McDUFFIE PLACE UNIT NO. 1, an Addition to the City of Albuquerque, New Mexico, as the same is shown and designated on the Map of said Addition, filed in the Office of the County Clerk of Bernalillo County, New Mexico, on April 7, 1939, in Volume D, Folio 126, except the portion thereof being more particularly described as follows: Beginning at a point for the southwesterly corner of Lot 7; thence northerly along the westerly line of said Lot 7 a distance of 20.0 feet to a point on the left right-of-way line of NMP F-003-2 (12), County of Bernalillo, State of New Mexico; thence S. 89 deg. 52’ E., along said left right-of-way line, a distance of 60 feet to a point on the easterly line of Lot 7; thence southerly, along said easterly lot line a distance of 19.98 feet to a point for the southeasterly corner of Lot 7; thence westerly along the southerly line of said Lot 7; a distance of 60 feet to the point and place of beginning.

More commonly described as 3902 Mesa Verde NE,Albuquerque,NM87110.

The sale shall commence at 4:45 p.m. on October 4, 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 cashiers 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 $156,281.41, plus interest from March 28, 2012, at the rate of 4.5% per annum AND $36,749.97, plus interest from March 28, 2012, at the rate of 4.5% per annum;  plus attorney fees in the amount of $1,672.64 and costs incurred by Plaintiff in the amount of $322.29 and expenses of $315.65, plus interest from August 2, 2012, at the rate of 8.75% per annum; third,  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.

“Electronically filed”

By:  s/Kathleen Brandt,

Attorney at Law

KATHLEEN BRANDT

Special Master

1212PennsylvaniaNE

Albuqueruqe,NM87110

(505) 266-8787

HCS Pub. August 31, September 7, 14, 21, 2012

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