FIRST JUDICIAL DISTRICT COURT STATE OF NEW MEXICO COUNTY OF LOS ALAMOS
Cause No: D-132-CV-2020-00046
ENTERPRISE BANK & TRUST,
Plaintiff,
vs.
TIME OUT PIZZERIA, LLC; PEDRO
O. SANCHEZ; TRISHA L. SANCHEZ;
INNOVATION GROUP, LLC; MUSEUM
PARKE, INC.; INCORPORATED COUNTY
OF LOS ALAMOS; AND TAXATION AND
REVENUE DEPARTMENT OF THE STATE
OF NEW MEXICO,
Defendants.
NOTICE OF FORECLOSURE SALE
Notice is hereby given that Donald A. Walcott, Special Master, on Thursday, May 6, 2021, at 11:00 a.m., at the front entrance to the Los Alamos Courthouse/Justice Center, located at 2500 Trinity Drive, Los Alamos, New Mexico 87544, will sell and convey to the highest bidder
for cash the real property situated in Los Alamos County, New Mexico described as follows:
Lot 1A, Canada Del Buey Subdivision Phase 2, as shown on the subdivision plat
thereof filed for record on July 3, 2012, as Document No. 213560, in Book 159,
Page 445, records of Los Alamos County, New Mexico; and
Lot 2A, Canada Del Buey Subdivision Phase 2, as shown on the subdivision plat
thereof filed for record on July 3, 2012, as Document No. 213561, in Book 159, Page 446, records of Los Alamos County, New Mexico,
together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, wells, ditches and water stock, crops, timber, all diversion payments or third party payments made to crop producers and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part thereof,
which real property is commonly known as 116 and 118 State Road 4, Los Alamos, New Mexico 87547 (the “property”). If there is any discrepancy between the property address and the legal description, the legal description will control.
The sale will be made pursuant to the judgment entered on March 22, 2021, against Time Out Pizzeria, LLC, in favor of Plaintiff in the amount of $567,888.34 as of January 22, 2021, plus interest accruing after January 22, 2021 at the rate of 16.0% per annum on the judgment amount until the date of the foreclosure sale, plus reasonable attorneys’ fees, costs of collection and suit and the costs of sale, including the Special Master’s fee, and property taxes, utility charges any other costs or fees incurred by Plaintiff for the protection and preservation of the property. The judgment amount awarded to the Taxation and Revenue Department of the State of New Mexico (the “Department”) is $58,002.85 as of February 5, 2021, plus interest accruing after February 5, 2021 at the rate of 3.0% per annum on such amount until the date of the foreclosure sale, plus reasonable attorneys’ fees.
Plaintiff may bid its judgment, or any part thereof, in lieu of cash and may submit its bid to the Special Master, either orally or in writing, prior to the sale. All other bids must be for cash, cashier’s check or other certified funds, or by wire to Plaintiff’s direction and must be paid by 5:00 p.m. on the day of the sale. Plaintiff may bid at the sale and may apply all or any part of its judgment to the purchase price in lieu of cash. The Department must pay Plaintiff’s entire judgment amount at the foreclosure sale in cash, cashier’s check or other certified funds, or by wire to Plaintiff’s direction, before bidding its judgment amount as a credit against the purchase price of the property at the foreclosure sale. The sale may be postponed and rescheduled at the discretion of the Special Master.
The Mortgage being foreclosed was filed of record on December 30, 2011 in the Records of the County Clerk of Los Alamos County, New Mexico as Instrument No. in Book 157, Page 313.
At the foreclosure sale, the Special Master will sell the property as a single unit and not in separate units and the sale and conveyance of the property to the successful bidder will be subject to all easements, reservations and restrictions of record; taxes and governmental assessments; any liens or encumbrances not foreclosed in this proceeding; environmental contamination, if any; any property owners’ association fees or dues, assessments, declarations, rules, requirements and restrictions; any requirements imposed by city or county ordinance or by state law affecting the property; and zoning violations concerning the property, if any. No representation is made as to the validity of the rights of ingress and egress. Transfer of title to the highest bidder shall be without warranty or representation of any kind. ALL PROSPECTIVE PURCHASERS AT THE SALE ARE ADVISED TO MAKE THEIR OWN EXAMINATION OF TITLE AND TO CONSULT THEIR OWN ATTORNEYS BEFORE BIDDING, including, but not limited to, their own due diligence
review of the specific terms of the judgment.
The sale of the property by the Special Master is subject to a one-month redemption period following approval by the Court of the foreclosure sale.
The proceeds from the sale will be applied first to the payment of the costs and expenses of the sale; then to the payment of the judgment amount in favor of Plaintiff (or applied to the amount of Plaintiff’s judgment if Plaintiff is the successful bidder), including additional fees, costs and expenses as stated above; then to the Department in the amount of its judgment, including fees, costs and expenses as stated above. Any excess funds will be deposited with the Clerk of Court to be applied as may be further determined by the Court.
Debora E. Ramirez of Rodey, Dickason, Sloan, Akin & Robb, P.A., Post Office Box 1357, Santa Fe, New Mexico 87504-1357, (505) 765-5900 is the attorney for the Plaintiff.
Inquiries regarding this sale may be made to Debora E. Ramirez.
s/ Donald A. Walcott
Donald A. Walcott
Special Master
PUBLISHED IN THE LOS ALAMOS DAILY POST APRIL 1, APRIL 8, APRIL 15, APRIL 22, 2021
