STATE OF NEW MEXICO
COUNTY OF SOCORRO
SEVENTH JUDICIAL DISTRICT
AG NEW MEXICO, FCS, FLCA,
Case No. D-725-CV-2019-00221
HELL OR HIGH WATER RANCH, LLC,
A New Mexico Limited Liability Company;
ROBERT M. DYER and AMANDA K.
JARAMILLO-DYER, Husband and Wife;
UNITED STATES OF AMERICA
DEPARTMENT OF AGRICULTURE,
Farm Service Agency,
AMENDED NOTICE OF FORECLOSURE SALE
Notice is hereby given that the undersigned Special Master will on, December 15, 2020 at 10:00 a.m. at the main entrance to the Socorro County Court House located at 200 Church St. Socorro, New Mexico 87801, sell and convey all the right, title and interest of the above named defendants in and to the following described real property located in Socorro County, and all improvements and fixtures thereon (the “Property”):
TOWNSHIP 3 SOUTH, RANGE 4 WEST, NMPM, SOCORRO COUNTY, NM
Section 5: Lot 4, all that part of Lots 2 and 3, and that part of the S1/2NW1/4 lying West and North of New Mexico State Highway 107
Section 6: SE1/4NE1/4
TOWNSHIP 2 SOUTH, RANGE 4 WEST, NMPM, SOCORRO COUNTY, NM
Section 28: SE1/4SW1/4
Section 33: All that part of the W1/2 lying North and West of New Mexico State Highway 107
Said sale will be made pursuant to the Order Granting Motion for Default Judgment Against Hell or High Water Ranch, LLC and Amanda K. Jaramillo-Dyer entered on April 21, 2020 (the “Order”) and the Order Allowing the Foreclosure Sale to Proceed entered on August 26, 2020. The amount owed under the Order by the above named defendants to Ag New Mexico (“Plaintiff”) as of October 31, 2019 was $267,527.30, which consists of $246,291.03 in principal, plus interest in the amount of $17,208.22, and penalty interest in the amount of $388.80, plus late fees in the amount of $25.00, plus interest accruing at the rate of $48.19 per day (10.300% default interest rate) until paid in full. Interest will continue to accrue at the default interest rate from October 31, 2019 to the date of sale at the rate of $48.19 per day. Attorney’s fees, costs, and expenses continue to accrue and Plaintiff’s counsel will file a petition for attorney’s fees after the date of sale.
Plaintiff may, but is not required to, bid the amount of the judgment, or any portion of it, as a credit on the purchase of the property described above in lieu of cash at the sale. After said sale, upon confirmation thereof by the Court, the above-named defendants, and the interests of any parties who may be joined or who may intervene and of all lienors or other persons with liens or other interests recorded after recordation of Plaintiff’s notice of lis pendens, will be barred, foreclosed, and forever estopped from claiming any lien or right, title or interest in or to the Property, which is the subject of this action, and foreclosed from all rights, claims or equity in the Property, except for (a) a right of redemption of one month on the Property, and (b) any claim the above named defendants may have to excess proceeds of the foreclosure sale remaining after payment in full of any judgment for deficiency, and the purchaser or purchasers of said Property shall be let into immediate possession thereof, and shall be entitled to the issuance of a Writ of Assistance upon ex parte application in the event any person refuses to surrender possession of the Property to said purchaser, subject to any Orders issued by the New Mexico Supreme Court. In the event there are excess proceeds from the sale of the Property after payment in full of judgment against the above named defendants, any person whose interests in the Property are foreclosed by this judgment may apply to the court for distribution thereof.
The sale may be postponed and rescheduled at the discretion of the Special Master, with additional notice only to those who appear at the date and time originally scheduled for the sale.
The amounts set forth above do not include property taxes due, or any other tax, fee, assessment, or claim that may constitute a claim on or interest in the Property except as specified in the Order. Each bidder must establish to that bidder’s satisfaction, the nature of such outstanding claim or interest, and bid accordingly.
Conveyance is subject to any easements, reservations, and restrictions of record; taxes and governmental assessments; any liens or encumbrances not foreclosed in this proceeding except as specifically provided in the Order; the valuation of the property by the County Assessor as real or personal property; affixture of any mobile or manufactured home to the lane; deactivation of title to a mobile or manufactured home on the property; environmental contamination, if any; and zoning violations concerning the property, if any. No representation is made as to the validity of the rights of ingress or 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 THE CONDITION OF THE PROPERTY AND TO CONSULT THEIR OWN ATTORNEY BEFORE BIDDING.
Bidders other than Plaintiff must bid and pay cash at the sale. No bid will be accepted without tender of cash or cashier’s check, or without letter of credit or other documentation demonstrating to the satisfaction of the Special Master the availability of cash to be furnished to the Special Master no later than 5:00 p.m. MST on the date of sale. Failure to timely furnish such cash shall void that bid.
NATIONAL SERVICE & INVESTIGATIONS, INC.
8100 Wyoming Blvd. Ne
Suite M-4, Box 272
Albuquerque, NM 87113
Published in the El Defensor Chieftain on November 5, 12, 19 & 26, 2020