TENTH JUDICIAL DISTRICT COURT
COUNTY OF QUAY
STATE OF NEW MEXICO
NO. D-1010-CV-2012-00082
FIRST NATIONAL BANK
OF THE ROCKIES, N.A.,
Plaintiff,
vs.
THOMAS W. ERNST and JULIA ERNST, and ANY UNKNOWN OCCUPANTS OR TENANTS (REAL NAME UNKNOWN),
Defendants.
NOTICE OF SALE
NOTICE IS HEREBY GIVEN that pursuant to the Final Judgment, Decree of
Foreclosure, and Appointment of Special Master entered on October 3, 2012, 2012, the
undersigned Special Master will sell at public auction, for cash or certified funds, at the
hour of 12:00 p.m. (Noon) on November 9, 2012, at the main entrance of theQuayCounty
Courthouse,300 South Third Street,Tucumcari,New Mexico, the real property situated
inQuay County,New Mexicodescribed as follows:
Lot Sixty-Eight (68) of Ute Lake Ranch, a subdivision within
Sections Twenty-Two (22), Twenty-Three (23), Twenty-Six
(26), Twenty-Seven (27), Thirty-Four (34), and Thirty-Five (35),
Township Thirteen (13) North, Range Thirty-Two (32) East,
N.M.P.M., Quay County, New Mexico (the “property”), commonly known as Lot 68, Ute Lake Ranch Subdivision, Tucumcari, New Mexico 88401. If there is any discrepancy between the property address or location and the legal description, the legal description shall control.
The property will be sold subject to rights of redemption; easements, reservations
and restrictions of record; taxes and governmental assessments; any liens or
encumbrances not foreclosed in this proceeding; the valuation of the property by the
CountyAssessoras 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;
environmental contamination, if any; and zoning violations concerning the property, if any.
No representation is made as to the validity of the rights of ingress and egress. Transfer
of title to the highest bidder shall be without warranty or representation of any kind. ALL
PROSPECTIVE PURCHASERS AT THESALEARE ADVISED TO MAKE THEIR OWN
EXAMINATION OF TITLE AND TO CONSULT THEIR OWN ATTORNEY BEFORE
BIDDING.
This action is a suit to foreclose a mortgage secured by the real property described
above. The total amount awarded by the Judgment in rem to First National Bank of the
Rockies, N.A., with interest to the date of sale, is $166,908.36, plus its costs and attorney
fees from September 1, 2012 through the date of sale of the property and any amounts
advanced by First National Bank of theRockies, N.A. to protect its interest in the property
before sale, including insurance, maintenance, taxes, assessments or other expenses
relating to the property.
The proceeds from the judicial sale will be applied first to the payment of the costs
and expenses of the sale; then to the payment of the Judgment in favor of First National
Bank of theRockies, N.A. including additional fees, costs and expenses as stated in the
foregoing paragraph. Any excess funds shall be deposited with the Clerk of Court. First
National Bank of theRockies, N.A. may apply all or a portion of its judgment towards the
purchase price. Otherwise, terms of sale shall be cash or certified funds.
ELECTRONICALLY FILED
/s/ Jonathan Morse
Jonathan Morse, Special Master
P.O. Box8387
Santa Fe,NM87504
505-982-3305
HCS Pub. October 5, 12, 19, 26, 2012
