NO. D-202-CV-2012-06862

By on October 19, 2012

STATE OF NEW MEXICO

COUNTY OF BERNALILLO

SECOND JUDICIAL DISTRICT COURT

 NO. D-202-CV-2012-06862

MERLE HUTCHENS,

Plaintiff,

vs.

SIMMONS HOLDINGS, LLC and EVI GROUP, LLC,

Defendants.

NOTICE OF FORECLOSURE SALE

Notice is hereby given that on November 20, 2012, commencing at 10:00 a.m. in front of the Bernalillo County District Courthouse located at 400 Lomas Blvd. NW, Albuquerque, New Mexico 87103, pursuant to the Default Judgment and Decree of Foreclosure entered on September 24, 2012 in the above-entitled cause (the “Judgment”), the Special Master or his designee will offer for sale and will sell, together or separately, to the highest bidder, the following real property with all improvements thereon (“Property”):

Tract numbered One (1), Plat of Ira B. Briner Industrial Park, situate within Section 18, 19 and 20, T.9N, R.3E., N.M.P.M., Bernalillo County, New Mexico, as the same is shown and designated on the plat thereof, filed in the office of the County Clerk of Bernalillo County, New Mexico, on September 6, 1977, in Plat Book D8, Page 8.

commonly known as6501 Broadway Blvd. SE,Albuquerque,New Mexico.

Pursuant to the Judgment, the Court foreclosed the Mortgage and all liens on the Property, including the Mortgage owned by Plaintiff, Merle Hutchens, and any interest of any defendants.  The court also awarded a money judgment in favor of Merle Hutchens against Simmons Holdings, LLC as follows: principal of $1,352,029.41, late fees of  $42,943.68, interest of $61,702.44 through August 31, 2012, attorney’s fees through August 31, 2012 in the amount of $2,651.46, and costs in the amount of $575.05, plus interest accruing after August 31, 2012 at the rate of 6.5% per annum to continue to accrue at the same rate until paid in full (the “Judgment Amount”).

The sale of the real property described above will be for cash or cash equivalent, payable  immediately.  Merle Hutchens may submit to the Special Master written credit bids prior to the sale.  The Special Master is authorized to postpone the sale from time to time without further notice or publication, in his discretion.                              Alfred Sanchez                                      301 Gold Ave Sw,Suite202

Albuquerque,New Mexico87102

Submitted by, and inquires should be directed to:

RICHARD B. WALKER, PA

Electronically signed:

By /S/RICHARD B. WALKER

RICHARD B. WALKER

6605 Uptown Blvd. NE #300

Albuquerque,New Mexico87110

(505) 883-4848

HCS Pub. October 19, 26, November 2, 9, 2012

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