Las Cruces Sun News, STATE OF NEW MEXICOCOUNTY OF DONA ANATHIRD JUDICIAL DISTRICT COURT No. D-307-CV-2014-02333U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR LEHMAN BROTHERS SMALL BALANCE COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-3, Plaintiff,vs.GARCIAS FAMILIA INVESTMENT, LLC, SAVERS SUPERMARKET, INC. AND NEWMAN OUTDOOR ADVERTISING, INC., Defendants. NOTICE OF SALE Notice is hereby given that on September 16, 2015, at the hour of 1:30 pm the undersigned Special Master, or her designee, will, at the front entrance of the Dona Ana County Courthouse, at 201 West Picacho, Las Cruces, New Mexico 88005, 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 9375 Bataan Memorial West, Las Cruces, New Mexico 88012 (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:A tract of land situate Northeast of Las Cruces, Dona Ana County, New Mexico, being part of Section 9, T. 22S., R 3 E., N.M.P.M. of the U.S.G.L.O. Surveys and more particularly described as follows, to wit:Beginning at an iron rod found on the north line of Bataan Memorial (a.k.a. U.S. Highway 70) for the Southwest corner of the tract herein described, Whence the West 1/4 corner of Section 9, T.22S., R.3E., N.M.P.M. of the U.S.G.L.O. Surveys bears S. 87 deg. 15'40"W., a distance of 1346.17 feet;Thence from the point of beginning leaving Bataan Memorial, DUE NORTH, 471.18 feet to a concrete monument found for the Northwest corner of the tract herein described;Thence S. 89 deg. 37'00"E., 210.39 feet to an iron pipe found for the Northeast corner of the tract herein described;Thence S. 00 deg. 00'15"W., 384.00 feet an iron rod found on the North line of Bataan Memorial (a.k.a. U.S. Highway 70) for the Southeast corner of the tract herein described;Thence along the North line of Bataan Memorial S. 67 deg. 49'00"W., 227.17 feet to the point of beginning, containin 2.0650 acres of land, more or lessincluding 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 a foreclosure judgment rendered by this Court in the above-entitled and numbered cause on August 10, 2015, being an action to foreclose a mortgage on the above-described property. The Plaintiff's judgment is $552,117.66, and the same bears interest at the rate of 9.34% per annum, which accrues at the rate of $141.28 per diem, commencing on March 15, 2015, with the Court reserving entry of final judgment against said Defendant Garcias Familia Investment, LLC 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 $552,117.66, plus interest to and including date of sale of $26,278.08, for a total judgment plus interest of $578,395.74. Sale is subject to the entry of an order of the Court approving the terms and conditions of this sale. Witness my hand this 12th day of August, 2015./s/Jennifer A. TaylorJENNIFER A. TAYLOR, Special MasterPO Box 91988Albuquerque, NM 87199Telephone: (505) 433-4576Facsimile: (505) 433-4577E-mail: sales@ancillaryls.comPub#55789Run Dates: August 21,28September 4,11,2015
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