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STATE OF NEW MEXICO COUNTY OF BERNALILLO SECOND JUDICIAL DISTRICT COURT No. CV-2008-13255 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF JANUARY 1, 2006 MORGAN STANLEY ABS CAPITAL I INC. TRUST 2006-NC1 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-NC1, Plaintiff, vs. MAGDALENA G. APODACA, FREDERICK V. APODACA II, AND UNKNOWN TENANT (REAL NAME UNKNOWN), Defendants. NOTICE OF SALE Notice is hereby given that on March 19, 2009, at the hour of 10:00 am the undersigned Special Master, or her designee, will, at the front entrance of the Bernalillo County Courthouse, at 400 Lomas Blvd. NW, Albuquerque, NM 87103, 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 2211 Felicitas Rd. SW, Albuquerque, New Mexico 87105, (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 certain tract of land situated in Atrisco, within the Atrisco Grant, Section 24, Township 10 North, Range 2 East , N.M.P.M., Bernalillo County, New Mexico, being bounded on the North by land of Luciano Gurule and the Southerly line of a road; East by land of Robert Griego, Tract 80a-1-a and land of David Cordova; South by the Northerly line of Felicitas Road, S.W.; West by land of Vicente Apodaca and being known and designated as Tract 81-a on the Middle Rio Grande Conservancy District Property Map No. 39 and being more particularly described by survey made by New Mexico Surveying Company as follows: BEGINNING at a point on the Northerly line of the tract herein described, said point being also the Southeast cor. Tr. 87-B, Land of Luciano Gurule, and also the Southwest corner of a road, whence the West 1/4 corner, Section 24, Township 10 North, Range 2 East, N.M.P.M., bears North 61 deg. 00 min. West, 1690.06 feet distant; Thence along the Southerly line of said road South 81 deg. 31 min. East, 37.70 feet to a point; Thence along the Southerly line of said road North 89 deg. 00 min. East, 48.40 feet to the Northeast corner; Thence along a fence South 24 degree. 24 min. 30 sec. West, 113.80 feet to a point; Thence continuing along said fence South 23 deg. 27 min. West, 86.32 feet to the Southeast corner, a point on the Northerly line of Felicitas Road S.W.; Thence along the Northerly line of Felicitas Road S.W., North 65 deg. 28 min. West, 107.47 feet to the Southwest corner; Thence along a fence North 10 deg. 25 min. East, 147.32 feet to the Northwest corner; Thence along a fence North 86 deg. 32 min. East, 11.50 feet to a point; Thence along said fence South 87 deg. 14 min. East, 55.40 feet to a point, being the point of beginning, including 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 February 10, 2009, being an action to foreclose a mortgage on the above-described property. The Plaintiff's judgment is $93,132.16, and the same bears interest at the variable rate of 8.8750%, which accrues at the rate of $22.65 per diem, commencing on February 16, 2009, with the Court reserving entry of final judgment against said Defendants Magdalena G. Apodaca and Frederick V. Apodaca II 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 $93,132.16, plus interest to and including date of sale of $656.85 for a total judgment plus interest of $93,789.01. Sale is subject to the entry of an order of the Court approving the terms and conditions of this sale. KRISTA TRICARICO, Special Master Susan C. Little & Associates, P.A. 4501 Indian School Rd NE #101 Albuquerque, NM 87190 Telephone: (505) 254-7767 Facsimile: (505) 254-4722 E-mail: sale@littledranttel.com Journal: February 23, March 2, 9, 16, 23, 2009. Left-red    Print Legal   Email-red   Published on: Mon March 02, 2009