No. D-820-CV-2013-00297

By on October 24, 2014

STATE OF NEW MEXICO
COUNTY OF TAOS
EIGHTH JUDICIAL DISTRICT
No. D-820-CV-2013-00297
BANK OF THE WEST,
Plaintiff,
v.
NOMAD INVESTMENT PROPERTIES TAOS, LLC;
RANDOLPH HIBBEN; MICHAEL MUNNS;
HEIDI SCHAEFFER; TATIANA JACQUES;
JOHN DOE(S)RESIDING AT 404 DOLAN STREET, UNIT I, TAOS,
NEW MEXICO 87571; and JOHN DOE(S) RESIDING AT
404 DOLAN STREET, UNIT F, TAOS, NEW MEXICO 87571,
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 14, 2014 ordering the sale of certain properties in the County of Taos, 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 3, 2014, at the front steps of the Taos County Courthouse, 105 Albright St., Suite N, Taos, New Mexico 87571.
The real properties to be sold are located at Taos, New Mexico, and are more specifically described as follows:
A. The property commonly known as 404 Dolan Street, Unit I, Taos, New Mexico 87571, more specifically described as:
UNIT “I” OF UNIT #2 OF THE VILLAS DE SUENOS CONDOMINIUMS AS REFLECTED ON SURVEY PLAT ENTITLED “VILLAS DE SUENOS CONDOMINIUMS,” AND FILED FOR RECORD IN CABINET D AT PAGE 141-A; and
B. The property commonly known as 404 Dolan Street, Unit F, Taos, New Mexico 87571, more specifically described as:
UNIT “F” OF THE VILLAS DE SUENOS CONDOMINIUMS AS DESCRIBED IN THE CONDOMINIUM DECLARATION FOR “VILLAS DE SUENOS CONDOMINIUMS,” DATED MARCH 14, 2001 AND FILED FOR RECORD IN CABINET D AT PAGE 141-A.
including improvements thereon (collectively “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 SALES will be made to satisfy the following awards in the Judgment:
A. A judgment jointly and severally against Nomad Investment Properties Taos, LLC (as borrower), Randolph Hibben, Michael Munns, and Heidi Schaeffer, (as guarantors) on the Loan 26 Note (as defined in paragraph 10 of the Complaint filed in the matter) in the amount of $234,166.66 including principal of $202,271.93, plus accrued interest of $18,851.80 up to and including September 30, 2014, late charges and other fees of $273.84, appraisal and title fees of $3,195.04, real estate taxes of $1,240.72, and attorneys’ fees of $8,333.33, plus accrued interest on principal from and including October 1, 2014, to the date of entry of the Judgment at the interest rate of 4.84% per annum ($27.19434 per diem), plus the anticipated costs incurred for the foreclosure sale, plus interest of 4.84% per annum on the entire judgment on Note 26 until paid in full;
B. A judgment jointly and severally against Nomad Investment Properties Taos , LLC (as borrower), Randolph Hibben, Michael Munns, and Heidi Schaeffer, (as guarantors) on the Loan 34 Note (as defined in paragraph 11 of the Complaint filed in the matter) in the amount of $234,534.53, including principal of $203,497.24, plus accrued interest of $20,997.90 up to and including September 30, 2014, late charges and other fees of $252.20, real estate taxes of $1,453.86, and attorneys’ fees of $8,333.33 plus accrued interest on principal from and including October 1, 2014, to the date of entry of the Judgment at the interest rate of 5.57% per annum ($31.48555 per diem), plus the anticipated costs incurred for the foreclosure sale, plus interest of 5.57% per annum on the entire judgment on Note 34 until paid in full;
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 Nomad Investment Properties Taos, LLC; and Randolph Hibben:
Karl H. Sommer
Sommer Karnes & Associates, LLP
200 West Marcy Street, Suite 133 (87501-2037)
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
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
Counsel for Tatiana Jacques:
Notice Of Dismissal Of Claims With Prejudice As To Tatiana Jacques filed 10-07-13
/s/ Justin B. Breen
Justin B. Breen
HCS Pub. October 24, 31, November 7, 14, 2014

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