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NOTICE OF PUBLIC SALE OF LIQUOR LICENSE NOTICE IS HEREBY GIVEN that the following described property will be sold at public auction to be held on Monday, January 12, 2009, at 11:00 a.m., at the offices of Dubois, Cooksey & Bischoff, P.A., 2040 Fourth Street, N.W., Albuquerque, Bernalillo County, New Mexico, 87102: One Dispenser Liquor License held under State assigned Liquor License No. 2654 (the "License"), last operated by Gardunos of Las Cruces, L.L.C., a/k/a Garduno's Chili Packing Company of Las Cruces and Gardunos Vaquero's Steakhouse, at 500 South Telshor Blvd., Las Cruces, New Mexico 88011, together with all extensions, renewals and replacements thereof, all contract rights, rights of renewal, rights of assignment, rights of hypothecation and rights of operation. Subordinate rights in this License may be claimed by Gardunos of Las Cruces, L.L.C., a/k/a Garduno's Chili Packing Company of Las Cruces, LLC, New Concepts Restaurant Group, LLC, a/k/a NEWCO, LLC, Tortilla, Inc., Tortilla USA, Inc., Pat Coughlin, David Garduno, Leisure Time Ventures, a/k/a LTV, Ltd., or Joshua Restaurant Management Group, LLC. The License is subject to a priority security interest held by Springer Management of Las Cruces, L.L.C., to secure the payment of all indebtedness owing Springer Management of Las Cruces, L.L.C. under a Tenant Improvement Promissory Note dated on or about January 18, 2006, and all indebtedness for past, present and future rent payments and all other amounts owing Springer Management of Las Cruces, L.L.C. under that certain Lease Agreement executed on or about August 7, 2001, by Tortilla, Inc., a New Mexico corporation, as Lessee, and as guarantied by David Garduno and Gardunos of Las Cruces, L.L.C. The amount presently owing Springer Management of Las Cruces, L.L.C. under the above-referenced Tenant Improvement Promissory Note and Lease Agreement, as of January 12, 2009, will be an amount not less than $354,912.00, which includes past due rents, unpaid principal and interest owing on the Tenant Improvement Promissory Note, past due property taxes, penalties, and interest, past due liability insurance premium payments, repairs, ,maintenance and attorney fees. There are additional liabilities owing Springer Management of Las Cruces, L.L.C. for future rents, property taxes, repairs, maintenance and insurance, which are also secured by the License. Principal, interest, rents and other indebtedness owing under the above-described Tenant Improvement Promissory Note and Lease are past due and in default, which defaults have caused and precipitated the foreclosure by Springer Management of Las Cruces, L.L.C. of its security interest in the License. The License will be sold for cash to the highest bidder. At the sale, Springer Management of Las Cruces, L.L.C. may bid all or a portion of the indebtedness owing it as a priority bid at the sale. The successful purchaser at sale will be required to first pay any bid submitted by Springer Management of Las Cruces, L.L.C., in cash, and then submit the highest excess bid in cash. Payment shall be made in the form of certified funds, cashier's check or unconditional and acceptable bank letter of credit by 5:00 p.m., on Monday, January 12, 2009. Failure to timely pay shall result in the sale going to the next highest bidder. The time for this sale may be postponed, continued or reset at a subsequent time. The sale of the License will be at public sale, without reserve, and is made subject to all assessments, gross receipts taxes, other taxes, liquor supplier claims, and other costs which may or may not be owing, and all payment and transfer requirements imposed by the State of New Mexico. Further, the sale of the License is "AS IS", without warranties of any kind or character, express or implied. For further information contact William J. Cooksey, attorney for Springer Management of Las Cruces, L.L.C., 2040 Fourth Street, N.W., Albuquerque, New Mexico 87102, Telephone: (505) 243-6721 and Facsimile: (505) 243-6735. DUBOIS, COOKSEY & BISCHOFF, P.A. By: William J. Cooksey 2040 Fourth Street, N.W. Albuquerque, New Mexico 87102 Telephone: (505) 243-6721 Attorneys for Springer Management of Las Cruces, L.L.C. Journal: December 19, 26, 2008, January 2, 9, 2009. Left-red    Print Legal   Email-red   Published on: Fri January 02, 2009