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STATE OF NEW MEXICO SECOND JUDICIAL DISTRICT COURT COUNTY OF BERNALILLO No. CV 2008-03304 AMETHYST LAND CO., INC., GERALD G. OHLSEN AS TRUSTEE OF OHLSEN FAMILY TRUST U/D/1/1/91, OHLSEN FAMILY TRUST II U/D/1/1/93, AND OHLSEN FAMILY TRUST III U/D/11/1/94, GREGORY T. OHLSEN AS TRUSTEE OF OHLSEN FAMILY TRUST IV U/D/4/1/95, LOS PINONES LIMITED PARTNERSHIP, and LOS PINONES II LIMITED PARTNERSHIP, Plaintiffs, vs. MOUNTAIN WEST DEVELOPMENT CO., LLC, NM ADVENTURES, LLC, CASH FLOW PROPERTIES, LLC JEFF BRAMLETT, DAVID SANCHEZ DBA CREATIVE KITCHENS DESIGNS BY DAVID, AHERN RENTALS, INC. FERGUSON ENTERPRISES, INC., KENYON PLASTERING, LASO DRYWALL, STOCK BUILDING SUPPLY OF NEW MEXICO, INC., DUKE CONTRACTORS SERVICES, and HIGH DESERT STATE BANK, Defendants. NOTICE OF FORECLOSURE SALE Notice is hereby given that on January 23, 2009, commencing at 1:00 p.m., on the front steps of the Bernalillo County Courthouse, 400 Lomas NW, Albuquerque, New Mexico, pursuant to an Order Granting Plaintiffs' Motion for Partial Summary Judgment and Decree of Foreclosure, entered on December 17, 2008 in the above-entitled cause (the "Judgment"), the Special Master, or his designee, will offer for sale and will sell to the highest bidder, in separate lot by lot sales, each and all of the following real property lots, together with all improvements thereon (each, a "Lot" and collectively the "Lots"): Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 23, 25, 36, 39, 44, 45, 46, 47, 48, 49, 50 and 53 in the Covered Wagon Subdivision, located in Section 26, T.10N., R.4E., N.M.P.M., City of Albuquerque, Bernalillo County, New Mexico, as shown in the plat thereof filed for record with the Clerk of Bernalillo County on May 2, 2006 as Document 2006063097 in Book 2006C, Page 148. Pursuant to the Judgment, the Court foreclosed various mortgages owned by plaintiffs Gerald G. Ohlsen as Trustee of Ohlsen Family Trust U/D/1/1/91, Ohlsen Family Trust II U/D/1/1/93, and Ohlsen Family Trust III U/D/11/1/94; Gregory T. Ohlsen as trustee of Ohlsen Family Trust IV U/D/4/1/95, and Los Pinones II Limited Partnership (together, the "Plaintiffs") encumbering the Lots, and awarded money judgments in favor of the Plaintiffs, as follows: Note Judgment Amount Lots encumbered by mortgage securing payment of the note Land Loan #1$1,530,797.831-18 Land Loan #2$1,235,681.5020, 21, 23, 25, 36, 39, 44, 45, 46, 47, 48, 49, 50, and 53 Construction Note #1$191,985.7623 Construction Note #2$188,033.7525 Construction Note #3$239,575.4236 Construction Note #4$213,585.1839 Construction Note #5$191,908.6844 Construction Note #6$218,730.9545 Construction Note #7$212,370.0246 Construction Note #8$164,561.7247 Construction Note #9$225,496.2048 Construction Note #10 $180,950.2149 Construction Note #11 $193,330.8350 The Court further ordered that at the sale of the Lots the Plaintiffs are allowed to credit bid all or any portion of the Judgment amounts set forth above secured by one or more mortgages on such Lots, in the Plaintiffs' sole discretion. If a particular Lot is encumbered by two mortgages, the Plaintiffs must first credit bid their Construction Loan judgment before credit bidding their Land Loan judgment. The sale of the Lots will be for cash or cash equivalents, payable immediately. The Plaintiffs may be purchasers at the sale, either paying cash or credit bidding their judgments. Plaintiffs may submit to the Special Master written credit or other bids prior to the sale. The Special Master is authorized to postpone the sale from time to time without further notice or publication, in his discretion. Notice is further given that the purchasers at the foreclosure sale shall take title to the Lots subject to a one-month right of redemption; any existing and prior patents, reservations, restrictions, easements, rights-of-way, and other such matters of record, if any, and accrued and unpaid ad valorem taxes, if any, owed on the Lots. The sale described in this Notice is subject to the terms of the Judgment. Each Lot will be sold separately. Alfred Sanchez, Special Master 301 Gold Ave. NE, #202 Albuquerque, New Mexico 87102 Submitted by, and inquiries should be directed, to: JACOBVITZ, THUMA & WALKER, P.C. By: David T. Thuma David T. Thuma 500 Marquette N.W., Suite 650 Albuquerque, N.M. 87102 (505) 766-9272 Attorneys for Plaintiffs Journal: December 26, 2008, January 2, 9, 16, 2009. Left-red    Print Legal   Email-red   Published on: Fri January 02, 2009