No. D-0202-CV-2010-01442

By on February 6, 2014

STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT
No. D-0202-CV-2010-01442
US BANK NATIONAL ASSOCIATION,
Plaintiff
HERITAGE HOUSEHOLDINGS INCORPORATED, a New Mexico Corporation; PETER EVERETT IV and SHARON S. EVERETT, husband and wife; DEUTSCHE BANK TRUST COMPANY AMERICAS, as Trustee for RALI 2003QS17; BANK OF AMERICA, N.A.; STATE OF NEW MEXICO DEPARTMENT OF WORKFORCE SOLUTIONS (Workforce Transition Services
Division); STATE OF NEW MEXICO TAXATION AND REVENUE DEPARTMENT; and THE UNITED STATES DEPARTMENT OF THE TREASURY – INTERNAL REVENUE SERVICE,
Defendants.
NOTICE OF FORECLOSURE SALE
PLEASE TAKE NOTICE that the above-entitled Court entered a Final Order Granting Motion For Partial Summary Judgment On First Amended Complaint For Judgment On Promissory Notes And For Foreclosure Of Mortgage (“Judgment”) on January 23, 2014 ordering the sale of certain property in the County of Bernalillo, State of New Mexico, and appointing a Special Master in this matter with the power to sell the same. The sale is to begin at 10:00 a.m. on March 14, 2014, at the front steps of the Bernalillo County Courthouse, 400 Lomas NW, Albuquerque, New Mexico 87102.
The real property to be sold is located at 9300 4th Street, Albuquerque, New Mexico, and is more specifically described as follows:
A TRACT OF LAND IN SCHOOL DISTRICT NO. 3, BERNALILLO COUNTY, NEW MEXICO, WITHIN THE ALAMEDA GRANT, WHICH IS BOUNDED AS FOLLOWS:
ON THE NORTH BY LAND BELONGING TO C.H. CHRIST;
ON THE SOUTH BY LAND BELONGING NOW OR FORMERLY TO JUAN C. PADILLA;
ON THE EASTERLY SIDE OF WESTERLY LINE OF AN IRRIGATION DITCH KNOWN AS (ACEQUIA DERMADERO)
AND ON THE EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 85;
WHICH SAID TRACT IS DESCRIBED BY SURVEY MADE BY ROSS ENGINEERING OFFICE AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER NO. 1 A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 85, BEING THE IDENTICAL SOUTHWEST CORNER OF LAND OF C.H. CHRIST, WHENCE THE CORNER COMMON TO SECTIONS 9, 10, 15 AND 16, TOWNSHIP 11 NORTH, RANGE 3 EAST, N.M.P.M., AS SAID CORNER IS SHOWN ON BERNALILLO COUNTY SURVEY SHEET NO. 14, BEARS N. 46°56’; W., 1127.93 FEET DISTANT;
RUNNING THENCE, S. 67° 49’ E., 285.41 FEET TO THE NORTHEAST CORNER NO. 2 AND THE IDENTICAL SOUTHEAST CORNER OF LAND OF C.H. CHRIST, A POINT ON THE WESTERLY BANK OF THAT CERTAIN IRRIGATION DITCH KNOWN AS “ACAQUIA DERMADERO”;
THENCE S. 02°47. WEST ALONG SAID DITCH BANK 61.98 FEET TO THE SOUTHEAST CORNER NO. 3;
THENCE, N. 71° 11’W., 333.91 FEET TO THE SOUTHWEST CORNER NO. 4, A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID U.S. HIGHWAY 85;
THENCE N. 41°30’ EAST, ALONG SAID HIGHWAY LINE 82.68 FEET TO THE PLACE OF BEGINNING.
BEING IDENTIFIED AS TRACT 40-A-1-B, MAP NO. 24.
NOTICE IS FURTHER GIVEN that the real property and any improvements concerned herein will be sold subject to any and all patent reservations, easements, all recorded and unrecorded liens not foreclosed in the Judgment, and all recorded and unrecorded special assessments and taxes that may be due.
THE FOREGOING SALE will be made to satisfy two awards in the Judgment: the first award (on the Heritage Note) totaling $214,802.34, including principal in the amount of $167,484.58, plus accrued interest of $39,623.26 up to and including January 22, 2014, late charges and other fees of $7,694.50, plus accrued interest on principal from January 23, 2014 up to the date of sale, at 5.5% per annum (or $25.23 per diem);
The second award (on the 2037 Note) totaling $127,978.89, including principal in the amount of $95,318.12, plus accrued interest of $32,660.77 up to and including January 22, 2014, plus accrued interest on principal from January 23, 2014 up to the date of sale, at 7.75% per annum (or $20.51 per diem).
The holder of the Judgment has the right to bid at such sale and submit its bid verbally or in writing. The holder of the Judgment may apply all or any part of the Judgment to the purchase price in lieu of cash. The sale may be postponed and rescheduled at the discretion of the Special Master.
Please contact Justin Breen at Keleher & McLeod, P.A., P.O. Box AA, Albuquerque, NM 87103, telephone (505) 346-4646 for additional information.
Dated: January 24, 2014
Respectfully submitted,
KELEHER & MCLEOD, P.A.
By: /s/ Justin B. Breen
Submitted electronically on January 27, 2014
Justin B. Breen
Attorneys for U.S. Bank National Association
Post Office Box AA
Albuquerque, New Mexico 87103
Telephone: (505) 346-4646
Facsimile: ( 505) 346-1370
E-Mail: jbb@keleher-law.com
HCS Pub. January 31 February 7, 14, 21, 2014

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