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STATE OF NEW MEXICO COUNTY OF TAOS EIGHTH JUDICIAL DISTRICT NO. CV-2009-586 FIRST COMMUNITY BANK, Plaintiff, vs. MARJORIE C. WYMAN and PAUL S. WYMAN, wife and husband, Defendants. NOTICE OF SPECIAL MASTER'S SALE NOTICE IS HEREBY GIVEN that the undersigned Special Master will on Thursday, March 4, 2010, at 9 a.m., just outside the front door of the main entrance to the Taos County Courthouse, 105 Albright St #H, Taos, New Mexico, sell and convey all of the right, title and interest of the parties in the above-entitled action in and to that certain real property located at 23-C East Vigil, Arroyo Hondo, New Mexico 87513, together with any improvements located thereon. The real property that is the subject of this foreclosure action (the "Property") is more particularly described as follows: TRACT 3 A certain tract of land situated in a part of projected Section 33, Township 27 North, Range 12 East, New Mexico Principal Meridian, Arroyo Hondo, County of Taos, State of New Mexico, within the Arroyo Hondo Grant, described as part of Tracts 134 and 136, Map 27, Survey 4, and as part of Tract 18, Map 28, Survey 4, of the 1941 Taos County Reassessment Survey, Taos County, New Mexico, being more particularly described as follows: Beginning at a point on the northerly line of this Tract, a point whence a 1/2 inch rebar and plastic cap NMLS #10648, found as a witness corner bears north 4700'46" west a distance of 5.42 feet, and Whence State Engineer's Office control point "DUNN", a brass cap monument bears south 0058'46" east a distance of 6911.61 feet; Thence south 8816'23" east, a distance of 164.44 feet to a 1/2 inch rebar and plastic cap NMLS #10648, found; Thence south 0258'15" east, a distance of 116.11 feet to a 3/8 inch rebar no cap, found; Thence south 8413'23" west, a distance of 146.91 feet to a 3/8 inch rebar no cap, found; Thence north 7957'22" west, a distance of 70.42 feet to a 1/2 inch rebar no cap, found; Thence north 7945'48" west, a distance of 106.49 feet to a inch rebar and plastic cap NMLS #10648, found; Thence north 3912'01" west, a distance of 92.84 feet to a inch rebar and plastic cap NMLS #2491, found on he easterly limit of use of Taos County Road Number B-004 (East Vigil Road); Thence north 1248'46" east along said limit of use, a distance of 39.55 feet to a inch rebar and plastic cap NMLS #14833, set; Thence departing said limit of use south 8816'23" east, a distance of 199.92 feet to the point of beginning; together with any improvements thereon. The Property will be sold "as is," without warranties, express or implied. This foreclosure sale is being made pursuant to the Default Judgment and Decree of Foreclosure entered in the above-entitled cause on February 1, 2010, in an action to foreclose the interests, mortgages, and liens of the parties, under which First Community Bank (the "Bank") was determined to have a first mortgage which is prior to any liens, mortgages, or claims of interest of the other parties herein. The lien of the Bank secures a Judgment against Marjorie C. Wyman (in rem, for foreclosure purposes only), in the sum of $24,003.95, which amount includes interest through November 20, 2009, late fees, and reasonable attorney's fees in the amount of $1,900.00. As of the date of the Special Master's sale the total amount of the Judgment of the Bank will be $24,003.95 (in rem, for foreclosure purposes only). However, said sum does not include the costs, expenses and fees of the Special Master (estimated to be approximately $650.00, including the cost of publication). The Property will be sold to the highest bidder for cash in lawful currency of the United States of America. In payment of a bid, the Special Master will accept only cash or a bank cashier's check issued by a federally chartered and insured bank or a New Mexico state chartered and federally insured bank or savings and loan association. The cash or cashier's check from the successful bidder must be received by the Special Master no later than 1:00 p.m. on the date of the Special Master's sale. Plaintiff, the Bank, may bid and purchase the Property at the Special Master's sale, and may bid all or a portion of its Judgment in lieu of cash towards the purchase price. Proceeds of the sale will be distributed first to the Special Master to satisfy his fees, costs and expenses, and then to payment of the Judgment owing to the Bank. Any excess proceeds will be distributed pursuant to further order of the Court. Clifford J. Johnson, Special Master 428 Theodora St. Taos, NM 87571 (575) 758-4261 MOSES, DUNN, FARMER & TUTHILL, P.C. Mark A. Glenn, Esq. Attorneys for Plaintiff P.O. Box 27047 Albuquerque, NM 87125-7047 (505) 843-9440 Journal North: February 7, 14, 21, 28, 2010 Left-red    Print Legal   Email-red   Published on: Sun February 21, 2010