No. D-101-CV-2013-02234

By on October 24, 2014

STATE OF NEW MEXICO
COUNTY OF SANTA FE
FIRST JUDICIAL DISTRICT
No. D-101-CV-2013-02234
BANK OF THE WEST,
Plaintiff,
v.
DIGITAL NOMAD MANAGEMENT WEST, LLC;
RANDOLPH HIBBEN; MICHAEL MUNNS;
HEIDI SCHAEFFER; and JOHN DOE(S) RESIDING AT
690 CAMINO DON EMILIO, SANTA FE, NM 87507,
Defendants.
NOTICE OF FORECLOSURE SALE
PLEASE TAKE NOTICE that the above-entitled Court entered a Judgment For Foreclosure On Mortgage, On Promissory Note, And On Commercial Guaranties (“Judgment”) on October 17, 2014 ordering the sale of certain property in the County of Santa Fe, 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 2:00 PM on December 4, 2014, at the front steps of the Santa Fe County Courthouse, 225 Montezuma Ave, Santa Fe, New Mexico 87501.
The real property to be sold is located in Santa Fe, New Mexico, and is described as follows: 690 Camino Don Emilio, Santa Fe, New Mexico 87507, more specifically described as:
LOT 6 OF ECO-SECO SUBDIVISION, AS SHOWN ON PLAT FILED IN THE OFFICE OF THE COUNTY CLERK, SANTA FE COUNTY, NEW MEXICO ON MAY 19, 2003, IN PLAT BOOK 531, PAGES 038-040, AS DOCUMENT NO. 1266274
including improvements thereon (“Property”).;
NOTICE IS FURTHER GIVEN that the 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 the following award in the Judgment:
A. a judgment jointly and severally against Digital Nomad Management West, LLC (as borrower), Randolph Hibben, Michael Munns, and Heidi Schaeffer, (as guarantors) on the Note (as defined in paragraph 8 of the Complaint file in this matter) in the amount of $810,729.11, including principal of $720,915.23, plus accrued interest of $63,672.97 up to and including September 30, 2014, late charges and other fees of $3,692.99, appraisal fees of $1,677.59, real estate taxes totaling $4,103.67, and attorneys’ fees of $16,666.66, plus accrued interest on principal from and including October 1, 2014, to the date of entry of the Judgment at the interest rate of 5.0% per annum ($100.12712 per diem), plus the anticipated costs for the foreclosure sale;
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, New Mexico 87103, telephone (505) 346-4646 for additional information.
Dated: October 21, 2014
Respectfully submitted,
By: /s/ Sam B. Sanchez
Filed Electronically on October 21, 2014
Sam B. Sanchez
P.O. Box 3188
Taos, New Mexico 87571-3188
Telephone: (575) 758-1155
Facsimile: (575) 758-3137
E-Mail: samstaos@yahoo.com
Special Master
THIS HEREBY CERTIFIES that a copy of the
foregoing was submitted on October 21, 2014
to Odyssey File & Serve for filing and service
on the following counsel of record:
Counsel for Digital Nomad Management West, LLC; and Randolph Hibben:
Karl H. Sommer
Sommer Karnes & Associates, LLP
P.O. Box 2476
Santa Fe, New Mexico 87504-2476
Telephone: (505) 795-8415
E-Mail: KHS@sommer-assoc.com
E-Mail: Karl@sommer-assoc.com
Co-Counsel for Randolph Hibben:
Kenneth J. Cassutt
John P. Hays
Susan C. Baker
Cassutt Hays & Friedman PA
530 B Harkle Road
Santa Fe, New Mexico 87505-4739
Telephone: (505) 989-1434
Facsimile: (505) 992-8378
E-Mail: KenCass@chflaw.com
E-Mail: JPHays@chflaw.com
E-Mail: SCBaker@chflaw.com
Counsel for Michael Munns and Heidi Schaeffer:
Charles V. Henry
Walcott & Henry P.C.
200 West Marcy St., Suite 142
Santa Fe, New Mexico 87501
Telephone: (505) 982-9559
Facsimile: (505) 982-1199
E-Mail: Charlie@WalcottLaw.com
/s/ Justin B. Breen
Justin B. Breen
HCS Pub. October 24, 31, November 7, 14, 2014

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