Las Cruces Sun News, STATE OF NEW MEXICO COUNTY OF DONA ANA THIRD JUDICIAL DISTRICT COURT Case No. D-307-CV-2014-01452 RREF CB SBL II-NM MHR, LLC,a New Mexico limited liability company, Plaintiff,vs.DANIEL RUTH and JULIE RUTH, husband and wife; DANIEL RUTH dba MILLENNIUM HOMES; andPICACHO MOUNTAIN HOMEOWNERS ASSOCIATION, INC.,a New Mexico corporation, Defendants. AMENDED NOTICE OF FORECLOSURE SALE Notice is hereby given that Kyle H. Moberly, Esq., Special Master, on Tuesday, July 28, 2015, at 10 a.m. at the entrance to the Third Judicial District Court, 201 West Picacho Avenue, Las Cruces, NM 88005, will sell and convey to the highest bidder for cash all right, title and interest of the above-named Defendants in and to the following described property located in Dona Ana County, New Mexico:Lot 58, Las Estancias de Picacho Mountain, in Dona Ana County, New Mexico, as shown and designated on the Plat thereof, filed in the office of the County Clerk of said County on December 13, 2006, in Book 22 Page(s) 68-74 of Plat Records ("Land"), together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights, watercourses and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties and profits relating to the Land, including without limitation all minerals, oil, gas, geothermal and similar matters (the Land, together with the additional property described in this sentence, referred to, collectively, as the "Real Property"); all equipment, fixtures, and other articles of personal property owned by Daniel Ruth and/or Julie Ruth on or after October 1, 2007, attached or affixed to the Real Property (collectively "Personal Property"); together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Real Property and/or the Personal Property; all rents, revenues, income, issues, royalties, profits, and other benefits derived from the Real Property and/or the Personal Property (collectively, "Rents"). The Real Property, Personal Property, and Rents are referred to hereafter, collectively, as the "Property."The Real Property is also known by the following simple description under NMSA 1978, § 14-11-10.1:The property is a parcel of vacant land approximately .99 acre in size, located on the southwest side of Calle Estancias Road, in the Las Estancias De Picacho - Picahills/Laqui area, northwest of the Las Cruces International Airport in Dona Ana County, New Mexico, and identified by the Doña Ana County Assessor's Office as Parcel 03-28480 and is currently projected by the existing addressing plat to be addressed as 7033 Calle Estancias, once a building permit is issued for the parcel by Dona Ana County, New Mexico, according to Dennis L. Smith, Geographic Information System Analyst, Doña Ana County Community Development Department, GIS -Mapping Division.The sale will be made pursuant to the Default Judgment as to Picacho Mountain Homeowners Association, Inc., and Stipulated Judgment and Decree of Foreclosure entered on May 6, 2015, in the above-captioned case, which was a suit to collect upon Promissory Notes and other loan documents, collectively referred to as the Loan Documents and foreclose Mortgages held by Plaintiff and wherein Plaintiff was adjudged to have first liens against the Property in the principal amount of $97,159.01, with non-default interest accrued up to April 10, 2015, in the sum of $73,905.62, fees, including escrow advancements of $6,657.68, recording fees of $17.00, and recoverable lender advances, including appraisal and attorneys' fees of $17,558.87, for a total amount due as of April 10, 2015, in the sum of $195,298.18, which amount continues to accrue interest after April 10, 2015, at the Default Rate of 18% per annum or the amount of $48.58 per day. Any party bidding its judgment, or any part thereof, may submit its bid to the Special Master, either orally or in writing, prior to the sale. All bids must be for cash, cashier's check or other certified funds, or by wire to Plaintiff's direction and must be paid by 5:00 p.m. on the day of the sale. Plaintiff may bid at the sale and 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 Mortgage being foreclosed was filed on October 1, 2007, in the Office of the County Clerk of Dona Ana County, New Mexico, and duly recorded as Instrument No. 0733821 in the records of Dona Ana County, New Mexico. At the foreclosure sale, the Special Master will sell all the Property as a single unit, will accept only one bid for all the Property, and will make no, and does not now make any, warranty of title.The sale of the Property by the Special Master is subject to a one-month redemption period following approval by the Court of the foreclosure sale.Charles R. Hughson of Rodey, Dickason, Sloan, Akin & Robb, P.A., 201 Third Street, N.W., Post Office Box 1888, Albuquerque, New Mexico 87103, (505) 765-5900 is the attorney for the Plaintiff. Inquiries regarding this sale may be made to Charles R. Hughson. /s/Kyle H. Moberly Law Office of Kyle H. Moberly PC2460 S. Locust Street, Suite ELas Cruces, New Mexico 88001 Telephone: 575-541-1278Pub#55553Run Dates: June 26, July 3,10,17, 2015
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