State of New Mexico

County of Cibola

Thirteenth

Judicial District

Case No.  D-1333-CV-200800358

National City Mortgage a division of National City Bank of Indiana nka National City Bank,

    Plaintiff,

v. The Estate of Herman Montoya, deceased; Jose Audino Montoya; the unknown surviving spouse of Herman Montoya, if any; the unknown spouse of Jose Audino Montoya, if any; occupants whose true names are unknown,

    Defendants.

NOTICE OF SALE

    NOTICE IS HEREBY GIVEN that the undersigned Special Master will on February 26, 2010 at 10:30 AM, outside the front, main entrance to the Cibola County Administrative Complex, 515 W. High St., Grants, sell and convey to the highest bidder for cash all the right, title, and interest of the above-named defendants in and to the following described real estate located in said County and State:

    Legal Description A parcel of land designated as the East One-Half (E 1/2) of Tract 2-B situated in the East Half (E 1/2) of Section Four (4) Township 9 North, Range 15 West, NMPM, Cibola County, New Mexico, and being more particularly described as follows:

    From the point of beginning, being the southwest corner of said tract, the one-fourth corner of the south line of Section 4, being a stone marked "1/4" bears N 88 deg. 10' 04" W and is 1,243.06 feet is distance; Thence from said point of beginning; N 00 deg. 07' 51" W, 2,656.36 feet to a point on the south right-of-way of State Highway 53; thence S 83 deg. 42' 34" E, along said right-of-way 429.545 feet; thence, S 00 deg. 30' 13" W. 2,622.53 feet; thence, N 88 deg. 10' 04" W, 412.525 feet to the point of beginning. The address of the real property is 3380 Ice Caves Road, Grants, NM 87020. 

    Said sale will be made pursuant to the Decree of Foreclosure entered on October 7, 2009 in the above entitled and numbered cause, which was a suit to foreclose a mortgage held by the above Plaintiff and wherein Plaintiff was adjudged to have a lien against the above-described real estate in the sum of $121,027.47 plus interest from August 1, 2009 to the date of sale at the rate of 6.875% per annum, the costs of sale, including the Special Master's fee, publication costs, and Plaintiff's costs expended for taxes, insurance, and keeping the property in good repair.  Plaintiff has the right to bid at such sale 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. At the date and time stated above, the Special Master may postpone the sale to such later date and time as the Special Master may specify.

    NOTICE IS FURTHER GIVEN that this sale may be subject to a bankruptcy filing, a pay off, a reinstatement or any other condition that would cause the cancellation of this sale.  Further, if any of these conditions exist, at the time of sale, this sale will be null and void, the successful bidder's funds shall be returned, and the Special Master and the mortgagee giving this notice shall not be liable to the successful bidder for any damages.

    NOTICE IS FURTHER GIVEN that the real property and improvements concerned with herein will be sold subject to any and all patent reservations, easements, all recorded and unrecorded liens not foreclosed herein, and all recorded and unrecorded special assessments and taxes that may be due.

    NOTICE IS FURTHER GIVEN that the purchaser at such sale shall take title to the above-described real property subject to rights of redemption.

Dated: 2010.

Diane Doyle

Special Master

c/o Castle Meinhold & Stawiarski

999 18th St.,

Suite 2201,

Bin 1

Denver, CO 80202

(800) 286-0013

(303) 285-2222

    Published in the Cibola County Beacon January 29 and February 5, 12, 19, 2010. Invoice #10827.