STATE OF NEW MEXICO
COUNTY OF LUNA
SIXTH JUDICIAL DISTRICT COURT
No. D-619-CV-200800340
LASALLE BANK N.A. AS TRUSTEE FOR THE MLMI TRUST SERIES 2007-HE3 Plaintiff,
vs.
MANUEL PEREZ PATRICIA ESPINOZA AND FIRST AMERICAN TITLE INSURANCE COMPANY Defendants.
NOTICE OF SALE
Notice is hereby given that on December 2 2009 at the hour of 10:00 am the undersigned Special Master or his designee will at the front entrance of the Luna County Courthouse at Sixth Judicial District Court 855 South Platinum Deming NM 88030 sell all of the rights title and interest of the above-named Defendants in and to the hereinafter described real estate to the highest bidder for cash. The property to be sold is located at 1403 S. Silver Ave. Deming New Mexico 88030 (if there is a conflict between the legal description and the street address the legal description shall control) and is more particularly described as follows:
Lot Numbered One (1) Two (2) and Three (3) Block Numbered Twenty-two (22) SOUTH ADDITION an addition to the City of Deming Luna County New Mexico according to the plat thereof filed December 27 1887 in Plat Cabinet 8 Slide 25-26 in the Office of the County Clerk of Luna County Deming New Mexico,
including any improvements fixtures and attachments such as but not limited to mobile homes. Subject to all taxes utility liens and other restrictions and easements of record and subject to a one (1) month right of redemption by the Defendants upon entry of an order approving sale. The foregoing sale will be made to satisfy foreclosure judgment rendered by this Court in the above-entitled and numbered cause on October 21 2009 being an action to foreclose a mortgage on the above-described property. The Plaintiff's judgment is $83,773.33 and the same bears interest at the variable rate of 10.1000% which accrues at the rate of $23.18 per diem commencing on October 1 2009 with the Court reserving entry of final judgment against said Defendants Manuel Perez and Patricia Espinoza for the amount due after foreclosure sale for costs and attorney's fees plus interest as may be assessed by the Court. The Plaintiff has the right to bid at such sale all of its judgment amount and submit its bid verbally or in writing. The Plaintiff may apply all or any part of its judgment to the purchase price in lieu of cash. The sale may be postponed and rescheduled at the discretion of the Special Master.
The Court's decree having duly appointed its Special Master to advertise and immediately offer for sale the subject real estate and to apply the proceeds of sale first to the costs of sale and the Special Master's fees then to pay the above-described judgment interest and costs of sale and to pay unto the registry of the Court any balance remaining to satisfy future adjudication of priority mortgage holders;
NOW THEREFORE notice is hereby given that in the event that said property is not sooner redeemed the undersigned will as set forth above offer for sale and sell to the highest bidder for cash or equivalent the lands and improvements described above for the purpose of satisfying in the adjudged order of priorities the judgment described herein and decree of foreclosure together with any additional costs and attorney's fees costs of advertisement and publication a reasonable receiver and Special Master's fee to be fixed by the Court. The total amount of the judgment due is $83,773.33 plus interest to and including date of sale of $1,460.34 for a total judgment plus interest of $85,233.67. Sale is subject to the entry of an order of the Court approving the terms and conditions of this sale.
EDWARD LITTLE Special Master
1509 37th St SE
Rio Rancho NM 87124
Telephone: (505) 891-1918
E-mail: sale@ littledranttel.com
No 5059 4t(11-6,13,20 27)
