No. D-202-CV-2015-00310

By on January 2, 2016

STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT
No. D-202-CV-2015-00310
MONTEQUE LLC, Plaintiff,
vs.
Professional Recovery Systems, LLC, Assignee of Citibank; Taxation and Revenue Department of the State of New Mexico; Westland Devco, LLC, fka Westland Development Company, Inc.; State of New Mexico Department of Workforce Solutions; United States of America (IRS); State Employees Credit Union; Centex Homes by Centex Real Estate Corporation; The Hanover Insurance Company; La Tierra Brown, LLC; Credit Service Company, Inc.; Department of Justice United States Attorneys Office, District of New Mexico; New Mexico Educational Assistance Foundation; and John Does A through J, True Names Unknown,
Defendants.
NOTICE OF FORECLOSURE SALE OF REAL PROPERTY.
NOTICE IS HEREBY GIVEN that on February 5, 2016, commencing at 9:00 a.m., at the main entrance of the Bernalillo County District Courthouse, 400 Lomas Blvd NW, Albuquerque, New Mexico the undersigned Special Master will sell at public auction for cash, property particularly described as: “An undesignated 6.0542 acre (more or less) tract of land lying and situate within the town of Atrisco Grant, within the projected west ½ of the southwest ¼ of section 10, township 9 north, range 2 east, New Mexico principal meridian, Bernalillo County, New Mexico, said tract being bounded on the south by the Albuquerque Metropolitan Arroyo Flood Control Authority Borrega Channel right of way, on the east by an un-named roadway as shown on the plat of Vista Verde Estates, as the same is shown and designated on the plat thereof filed in the office of the County Clerk of Bernalillo County, New Mexico on December 23, 1987, in volume C35, folio 92, on the north by lands of Jean and Genevieve Mounho, and on the west by Grace Vigil Road, S.W., said tract being more particularly described by New Mexico State Plan Coordinate System bearings (Central Zone-North American Datum 1927) and ground distances (US Survey Foot) as follows: Beginning at the southeast corner of described tract lying on the north right of way line of the Albuquerque Metropolitan Arroyo Flood Control Authority Borrega channel, marked by a set rebar with cap “PS 11993” from whence a tie to Albuquerque Control Survey Monument “7-010” bears S 12 degrees 44’16”E, a distance of 1,655.44 feet; Thence from said beginning point, S 89 degrees 44’32”W along said north right of way line, a distance of 241.50 feet to the southwest corner of described tract, marked by a set rebar with cap “PS 11993”; Thence leaving said north right of way line, N 00 degrees 04’53”W, a distance of 137.89 feet to an angle point marked by a set rebar with cap “PS 11993”; Thence along a curve to the right having a radius of 2,432.11 feet, an arc length of 393.44 feet, a central angle of 09 degrees 16’07”, a tangent of 197.15 feet and a chord bearing N 04 degrees 33’10”E, a distance of 393.01 feet to a point of reverse curvature marked by a set rebar with cap “11993” Thence along a curve to the left having a radius of 2,584.50 feet, an arc length of 410.58 feet, a central angle of 09 degrees 06’07”, a tangent of 205.72 feet and chord bearing N 04 degrees 38’10”E, a distance of 410.14 feet to a point marked by a set rebar with cap “11993”; Thence N 00 degrees 05’06”E, a distance of 58.92 feet to the northwest corner of described tract marked by a found no. 4 rebar (Bent). Also being a point on the east right of way line of Grace Vigil Road, S.W.; Thence N 89 degrees 45’04”E, a distance of 1,016.90 feet to the northeast corner of described tract lying on the west line of an un-named roadway, marked by a found one-inch iron pipe; Thence S 00 degrees 30’26”W along said west line, a distance of 59.99 feet to an angle point marked by a found one-inch iron pipe; Thence leaving said west line, S 89 degrees 42’49”W, a distance of 835.43 feet to an angle point, marked by a found one-inch iron pipe; Thence S 00 degrees 13’32”W, a distance of 936.56 feet to the point of beginning, containing 6.0542 acres (263,719 Square Feet) more or less, now designated as tract “Z” lands of Westland Development Co. Inc., As shown on that certain Boundary Survey Plat dated June 2002, filed in the office of the County Clerk of Bernalillo County, NM on June 12, 2003 at BK 2003 S, Page 48 as Doct. No. 2003 100601.
The property will be sold to the highest bidder for cash. For purposes of this sale, “cash” shall mean (1) cash on hand, (2) other immediately available funds, including, but not limited to, bank cashiers checks, (3) an irrevocable letter of credit payable at sight issued by a financial institution acceptable to and in a form acceptable to the Special Master in an amount not less than the bid amount, delivered to and approved by the Special Master prior to sale, or (4) all or any portion of a judgment rendered to Plaintiff in this matter, bid as credit toward the purchase amount. For purposes of this Sale, the term “immediately available funds” shall refer to those funds that can be delivered to the Special Master within TWENTY-FOUR (24) hours of the acceptance of the bid.
NOTICE IS FURTHER GIVEN that the proceeds of sale will be applied as follows: first, to all costs and expenses of sale, including the Special Master’s fee and costs; second, to pay the judgment awarded to Plaintiff by the In Rem Default Judgment and Stipulated Order for Judicial Foreclosure and Order of Sale, entered November 18, 2015 in the above-captioned case, in the sum of $59,051.30; and, if any excess funds remain, third, to satisfy the Defendants’ liens, as stated in the In Rem Default Judgment and Stipulated Order for Judicial Foreclosure and Order of Sale.
Notice is further given that the purchaser at the foreclosure sale shall take title to the Property subject to a one-month right of redemption.
/S/Margaret Lake, Special Master
HCS Pub. January 1, 8, 15, 22, 2016

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