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STATE OF NEW MEXICO COUNTY OF BERNALILLO SECOND JUDICIAL DISTRICT COURT No. D-202-CV-2018-07025 U.S. BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA, SUCCESSOR IN INTEREST TO LASALLE BANK NATIONAL ASSOCIATION, ON BEHALF OF THE REGISTERED HOLDERS OF BEAR STEARNS, ASSET BACKED SECURITIES I TRUST 2005-AQ1, ASSET-BACKED CERTIFICATES, SERIES 2005-AQ1, Plaintiff, vs. BRUCE PONDER AND AMERICAN EXPRESS BANK, FSB, Defendants. NOTICE OF SALE NOTICE IS HEREBY GIVEN that on October 3, 2019, at the hour of 9:30 AM, the undersigned Special Master, will, either in person or via video conference, at the front entrance of the Bernalillo County Courthouse, 400 Lomas NW, Albuquerque, NM 87102, at, 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 704 Wellesley Drive NE, Albuquerque, New Mexico 87106, and is more particularly described as follows: Lot numbered Five (5) in Block numbered One (1) of LOMA VISTA, an Addition to the City of Albuquerque, New Mexico, as the same is shown and designated on the Map of said Addition, filed in the Office of the County Clerk of Bernalillo County, New Mexico, on January 24, 1942, in Plat Book D, Folio 128, 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 an in rem foreclosure judgment rendered by this Court in the above-entitled and numbered cause on August 8, 2019, being an action to foreclose a mortgage on the Property. Plaintiff's in rem judgment is in the amount of $212,220.64. The Court reserves entry of final in rem judgment 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 in rem judgment, and to submit its bid either verbally or in writing. Plaintiff may apply all or any part of its in rem 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 in rem 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 in rem 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 in rem judgment due is $212,220.64. 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 in rem order of the Court approving the terms and conditions of sale. Witness my hand this 27 day of August, 2019. /s/ Allan Wainwright ALLAN L. WAINWRIGHT, ESQ., Special Master 800 Lomas NW, Suite 100 Albuquerque, NM 87102 Telephone: (505) 842-1313 Fax: (505) 544-4213 E-mail: allan@law1313.com Journal: September 4, 11, 18, 25, 2019 Left-red    Print Legal   Email-red   Published on: Wed September 11, 2019