NO. D-1010-CV-2012-00082

By on November 16, 2012

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.

SECOND 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 December 17, 2012, at the main entrance of the Quay County 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 Mexico88401. 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 County Assessor as 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 to First National Bank of theRockies, N.A., with interest to the date of sale, is $169,080.96, 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 the Rockies, 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 the Rockies, 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. November 16, 21, 30, December 7, 2012

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