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STATE OF NEW MEXICO COUNTY OF BERNALILLO SECOND JUDICIAL DISTRICT COURT No. D-202-CV-2018-02670 U.S. BANK NATIONAL ASSOCIATION AS INDENTURE TRUSTEE FOR CIM TRUST 2015-3AG MORTGAGE-BACKED NOTES, SERIES 2015-3AG, Plaintiff, vs. LAWRENCE W. SMITH A/K/A LAWRENCE SMITH AND PACIFIC COAST AMERICAN, INC., Defendants. NOTICE OF SALE NOTICE IS HEREBY GIVEN that on April 4, 2019, at the hour of 9:30 AM, the undersigned Special Master, or his designee, will, either in person or via video conference, at the front entrance of the Bernalillo County Courthouse, at 400 Lomas Blvd. NW, Albuquerque, NM 87102, sell all of the rights, title, and interests of the above-named Defendants, in and to the hereinafter described real property to the highest bidder for cash. The property to be sold is located at 17335 I-40 Frontage Road, Tijeras, New Mexico 87059, and is more particularly described as follows: A certain tract of land within the Northwesterly portion of Lot 22, in Section 21, T10N, R5E, N.M.P.M., Bernalillo County, New Mexico, as being more particularly described as follows: BEGINNING at the Northwest corner of said tract whence the Northwest corner of Tract 7, Land of W.W. Barefoot, as the same is shown and designated on said Plat thereof, filed in the office of the County Clerk of Bernalillo County, New Mexico, on October 20, 1964, in Volume C6, folio 47; bears N. 87 deg. 49' 49" W., 371.28 feet distant; Thence, from said point of beginning S. 02 deg. 10' 21" E., 51.52 feet; Thence, S. 81 deg. 05' 41" E., 152.21 feet; Thence, S. 16 deg. 54' 22" E., 220.10 feet to the southwest corner; Thence, S. 87 deg. 56' 44" E., 401.67 feet; Thence, N. 69 deg. 34' 58" E., 21.01 feet to the southeast corner; Thence, N. 18 deg. 06' 26" W., 213.00 feet; Thence, S. 87 deg. 36' 08" E., 643.01 feet; Thence, N. 01 deg. 10' 00" E., 45.36 feet to the northeast corner; Thence, N. 86 deg. 37' 00" W., 1216.74 feet to the point of beginning. including any improvements, fixtures, and attachments, such as, but not limited to, mobile homes, (hereinafter the "Property"). If there is a conflict between the legal description and the street address, the legal description shall control. The foregoing sale will be made to satisfy a foreclosure judgment rendered by this Court in the above-entitled and numbered cause on February 4, 2019, being an action to foreclose a mortgage on the Property. Plaintiff's judgment is in the amount of $94,979.98, and the same bears interest at the variable rate of 8.75%, accruing at the rate of $22.77 per diem. The Court reserves entry of final judgment against Defendant, Lawrence Smith, for the amount due after foreclosure sale, including interest, costs, and fees as may be assessed by the Court. Plaintiff has the right to bid at the foregoing sale in an amount equal to its judgment, and to submit its bid either verbally or in writing. Plaintiff may apply all or any part of its judgment to the purchase price in lieu of cash. In accordance with the Court's decree, the proceeds of sale are to be applied first to the costs of sale, including the Special Master's fees, and then to satisfy the above-described judgment, including interest, with any remaining balance to be paid unto the registry of the Court in order to satisfy any future adjudication of priority lienholders. NOTICE IS FURTHER GIVEN that in the event that the Property is not sooner redeemed, the undersigned Special Master will, as set forth above, offer for sale and sell the Property to the highest bidder for cash or equivalent, for the purpose of satisfying, in the adjudged order of priorities, the judgment and decree of foreclosure described herein, together with any additional costs and attorney's fees, including the costs of advertisement and publication for the foregoing sale, and, reasonable receiver and Special Master's fees in an amount to be fixed by the Court. The amount of the judgment due is $94,979.98, plus interest to and including date of sale in the amount of $3,757.05, for a total judgment of $98,737.03. The foregoing sale may be postponed and rescheduled at the discretion of the Special Master, and is subject to all taxes, utility liens and other restrictions and easements of record, and subject to a one (1) month right of redemption held by the Defendants upon entry of an order approving sale, and subject to the entry of an order of the Court approving the terms and conditions of sale. Witness my hand this 1st day of March, 2019. /s/Allan L. Wainwright ALLAN L. WAINWRIGHT, Special Master 800 Lomas NW, Suite 100 Albuquerque, NM 87102 (505) 842-1313 x13 allan@law1313.com Telephone: (505) 842-1313 Facsimile: (505) 842-1333 E-mail: allan@law1313.com Journal: March 7, 14, 21, 28, 2019 Left-red    Print Legal   Email-red   Published on: Thu March 14, 2019