STATE OF NEW MEXICO COUNTY OF LOS ALAMOS FIRST JUDICIAL DISTRICT COURT No. D-132-CV-2015-00067 GREEN TREE SERVICING LLC, Plaintiff, vs. MATT J. RIGGS AKA MATT JAMES RIGGS, LEIGH B. RIGGS, AND THE BANK OF NEW YORK MELLON, FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWHEQ INC. HOME EQUITY LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-S5, Defendants NOTICE OF SALE NOTICE IS HEREBY GIVEN that on June 1, 2017, at the hour of 4:00 PM, the undersigned Special Master, or her designee, will, at the front entrance of the Los Alamos County Courthouse, at 1000 Central Ave., Los Alamos, NM 87544, 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 116 Beryl St, Los Alamos, New Mexico 87544, and is more particularly described as follows: Lot No. 29, White Rock Development, Increment No. 1, as shown on the plat of White Rock Development Increment No. 1, Attachment C, filed for record with the Clerk of Los Alamos County, New Mexico, as Document No. 869, in Plat Book 1, Page 27. 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 April 4, 2017, being an action to foreclose a mortgage on the Property. Plaintiff's in rem judgment is in the amount of $253,819.21, and the same bears interest at the rate of 3.99% per annum, accruing at the rate of $27.75 per diem. The Court reserves entry of final in rem judgment against Defendants, Matt J. Riggs and Leigh B. Riggs, 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 and 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 $253,819.21, plus interest to and including date of sale in the amount of $6,438.00, for a total in rem judgment of $260,257.21. 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 24th day of April, 2017. /s/ Jennifer A. Taylor JENNIFER A. TAYLOR, Special Master PO Box 91988 Albuquerque, NM 87199 Telephone: (505) 833-3036 Facsimile: (505) 433-4577 E-mail: firstname.lastname@example.org Published: April 28, 2017 & May 5, 12, & 19, 2017.
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