No. D-202-CV-2013-05169

By on August 8, 2014

STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT COURT
No. D-202-CV-2013-05169
GREENWICH INVESTORS XLII TRUST 2012-1,
Plaintiff,
vs.
JOHNATHAN CHRIS LLC;
JOHN CHRIS POHL, A/K/A JOHN C. POHL;
JOHNATHAN POHL; and
TRINITY CONSTRUCTION ENTERPRISES, INC.;
and STATE OF NEW MEXICO, DEPARTMENT OF WORKFORCE SOLUTIONS,
Defendants.
NOTICE OF SALE
NOTICE is hereby given that on Thursday, September 11, 2014, at 1:30 p.m., the undersigned Special Master will sell to the highest bidder at the Second Judicial District Courthouse, 400 Lomas Blvd. NW, Albuquerque, NM 87102, all Defendants’ interest in the real properties located in Bernalillo County, New Mexico, more particularly described as:
A. LOT NUMBERED THIRTEEN (13) IN BLOCK NUMBERED EIGHTEEN (18) OF THE EAST CENTRAL BUSINESS ADDITION TO THE CITY OF ALBUQUERQUE, NEW MEXICO, AS THE SAME IS SHOWN AND DESIGNATED ON THE PLAT OF BLOCKS EIGHT (8) TO TWENTY-TWO (22) INCLUSIVE, OF SAID ADDITION, FILED IN THE OFFICE OF THE COUNTY CLERK OF BERNALILLO COUNTY, NEW MEXICO ON JULY 15, 1946.
and
B. LOTS NUMBERED FOURTEEN (14) AND FIFTEEN (15) IN BLOCK NUMBERED EIGHTEEN (18) OF THE EAST CENTRAL BUSINESS ADDITION TO THE CITY OF ALBUQUERQUE, NEW MEXICO, AS THE SAME ARE SHOWN AND DESIGNATED ON THE PLAT OF BLOCK EIGHT (8) TO TWENTY-TWO (22) INCLUSIVE OF SAID ADDITION, FILED IN THE OFFICE OF THE COUNTY CLERK OF BERNALILLO COUNTY, NEW MEXICO, ON JULY 15, 1946.
The sale will satisfy all or a portion of a Stipulated Judgment Against Defendants Johnathan Chris, LLC; John Chris Pohl, a/k/a John C. Pohl; Johnathan Pohl, and Trinity Construction Enterprises, Inc., Decree of Foreclosure, with No Deficiency, Post-Judgment Writ of Replevin, Collateral Recovery, Order of Sale, and Appointment of Special Master (“Judgment”) entered on May 7, 2014, as follows:
A. Judgment in the amount of $321,745.93, with interest accruing at 8.75% per year from April 28, 2014, forward;
B. Plaintiff shall have judgment against Defendants removing all their interest in the subject property and collateral and foreclosing the same.
C. Defendants shall deliver to Plaintiff within five days from the date of entry of this order the following personal property:
The word “Collateral” as used in this Agreement means the following described property, whether now owned or hereafter acquired, whether now existing or hereafter arising, and wherever located, in which Grantor is giving to Lender a security interest for the payment of the indebtedness and performance of all other obligations under the Note and this Agreement:
ALL OF DEBTOR’S RIGHT, TITLE AND INTEREST, AS LESSOR, IN, TO AND UNDER ALL LEASES CREATED UNDER THE RENTAL OF THE REAL ESTATE LOCATED AT 244 MURIEL ST NE, ALBUQUERQUE, NM 87123, WHETHER ANY OF THE FOREGOING IS OWNED NOW OR ACQUIRED LATER; ALL ACCESSIONS, ADDITIONS, REPLACEMENTS, AND SUBSTITUTIONS RELATING TO ANY OF THE FOREGOING; ALL RECORDS OF ANY KIND RELATING TO ANY OF THE FOREGOING; ALL PROCEEDS RELATING TO ANY OF THE FOREGOING (INCLUDING INSURANCE, GENERAL INTANGIBLES AND ACCOUNT PROCEEDS).
In addition, the word “Collateral” also includes all the following, whether now owned or hereafter acquired, whether now existing or hereafter arising, and wherever located:
(1) All accessions, attachments, accessories, replacements of and additions to any of the collateral described herein, whether added now or later,
(2) All products and produce of any of the property described in this Collateral section,
(3) All accounts, general intangibles, instruments, rents, monies, payments, and all other rights, arising out of a sale, lease, consignment or other disposition of any of the property described in this Collateral section,
(4) All proceeds (including insurance proceeds) from the sale, destruction, loss, or other disposition of any of the property described in this Collateral section, and sums due from a third party who has damaged or destroyed the Collateral or from that party’s insurer, whether due to judgment, settlement or other process,
(5) All records or data relating to any of the property described in this Collateral section, whether in the form of a writing, photograph, microfilm, microfiche, or electronic media, together with all of Grantor’s right, title, and interest in and to all computer software required to utilize, create, maintain, and process any such records or data on electronic media
so that Plaintiff may sell the collateral, apply the proceeds to the judgment, and file a partial satisfaction of judgment following the sale.
D. A post-judgment writ of replevin and writ of assistance shall issue, permitting Plaintiff to recover the following personal property:
The word “Collateral” as used in this Agreement means the following described property, whether now owned or hereafter acquired, whether now existing or hereafter arising, and wherever located, in which Grantor is giving to Lender a security interest for the payment of the indebtedness and performance of all other obligations under the Note and this Agreement:
ALL OF DEBTOR’S RIGHT, TITLE AND INTEREST, AS LESSOR, IN, TO AND UNDER ALL LEASES CREATED UNDER THE RENTAL OF THE REAL ESTATE LOCATED AT 244 MURIEL ST NE, ALBUQUERQUE, NM 87123, WHETHER ANY OF THE FOREGOING IS OWNED NOW OR ACQUIRED LATER; ALL ACCESSIONS, ADDITIONS, REPLACEMENTS, AND SUBSTITUTIONS RELATING TO ANY OF THE FOREGOING; ALL RECORDS OF ANY KIND RELATING TO ANY OF THE FOREGOING; ALL PROCEEDS RELATING TO ANY OF THE FOREGOING (INCLUDING INSURANCE, GENERAL INTANGIBLES AND ACCOUNT PROCEEDS).
In addition, the word “Collateral” also includes all the following, whether now owned or hereafter acquired, whether now existing or hereafter arising, and wherever located:
(1) All accessions, attachments, accessories, replacements of and additions to any of the collateral described herein, whether added now or later,
(2) All products and produce of any of the property described in this Collateral section,
(3) All accounts, general intangibles, instruments, rents, monies, payments, and all other rights, arising out of a sale, lease, consignment or other disposition of any of the property described in this Collateral section,
(4) All proceeds (including insurance proceeds) from the sale, destruction, loss, or other disposition of any of the property described in this Collateral section, and sums due from a third party who has damaged or destroyed the Collateral or from that party’s insurer, whether due to judgment, settlement or other process,
(5) All records or data relating to any of the property described in this Collateral section, whether in the form of a writing, photograph, microfilm, microfiche, or electronic media, together with all of Grantor’s right, title, and interest in and to all computer software required to utilize, create, maintain, and process any such records or data on electronic media
and/or the insurance proceeds thereof.
The Judgment may be obtained from either the court clerk or the undersigned Special Master prior to the sale date. Greenwich Investors XLII Trust 2011-1, its successor, investor, or assignee has the right to bid at the sale and to apply its judgments or a portion thereof to the purchase price in lieu of cash. For all other bidders, the sale terms are cash or its equivalent by the close of business on the day of sale. The sale may be postponed and rescheduled at the Special Master’s discretion.
PROSPECTIVE PURCHASERS AT SALE ARE ADVISED TO MAKE THEIR OWN EXAMINATION OF THE TITLE AND THE CONDITION OF THE PROPERTY AND TO CONSULT THEIR OWN ATTORNEY BEFORE BIDDING.
/s/ Edward Little
EDWARD LITTLE, Special Master
1509 37th Street SE
Rio Rancho, NM 87124
505/891-1918
HCS Pub. August 8, 15, 22, 29, 2014

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