STATE OF NEW MEXICO COUNTY OF VALENCIA THIRTEENTH JUDICIAL DISTRICT COURT No. D-1314-CV-2018-00245 AG NEW MEXICO, FARM CREDIT SERVICES, ACA, Plaintiff, V. DONALD W. HARPER, Defendant. SECOND AMENDED NOTICE OF SALE Notice is given that the real property described below in Valencia County, New Mexico, will be sold to the highest bidder for cash or certified funds on August 1, 2019 at 2:00 p.m. at the front entrance to the Valencia County Courthouse (the Thirteenth Judicial District Court) located at 1835 Highway 314 S.W., Los Lunas, NM 87031. The sale arises out of the Order Granting Motion for Default Judgment and Appointing Special Master, entered on December 21, 2018. The amount owed under the Order by Defendant to Ag New Mexico, Farm Credit Services, ACA as of June 25, 2019 is $104,010.08, which amount includes the outstanding principal balance of $82,097.25, unpaid accrued interest in the amount of $7,198.98 at 5.125%, plus costs and expenses in the amount of $14,684.51 (consisting of $29.34 in late fees, $1,563.54 for flood insurance, $1,510.30 for single interest hazard insurance coverage, $2,660.54 for taxes, and $100 in attorney's fees through the date of filing of the Complaint as provided in as provided in N.M.S.A. 58-21A-6(C), plus $28,838.70 in attorney's fees and costs from February 27, 2018 through May 31, 2019). Interest will continue to accrue from June 25, 2019 to the date of sale at the rate of $10.95 per day. Attorney's fees, costs and expenses continue to accrue. The Order decrees that 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 below in lieu of cash at the sale. The proceeds of the Special Master's sale shall be applied first, to the payment of the Special Master's fees and expenses of sale; second, to payment of the costs of collection; third to amounts set forth above owed to Plaintiff, including additional interest, costs and attorneys' fees incurred after May 31, 2019 to be provided to the Special Master by an affidavit; and fourth, that the Special Master deposit any remaining balance in the court registry to be disposed of as further directed by the Court. The real property, located in Valencia County, New Mexico is located at 76 Pueblitos Road, Belen, New Mexico 87002, and more particularly described as: Tract numbered One (1) of Replat of Lands of Nanette M. Lane, Terrance M. Lane and Larry Fagan, as the same is shown and designated on the Plat therof, filed in the office of the County Clerk of Valencia County, New Mexico on August 26, 2004 in Cabinet L, Page 351. The Special Master is authorized to postpone the sale from time to time without further notice, in his discretion. Inquiries regarding this sale may be made to Plaintiff's attorney, Dave Giddens, Gatton & Gatton Law, P.C., 10400 Academy Rd NE, Suite 350, Albuquerque, NM 87111, telephone (505) 271-1053. A successful bidder other than Plaintiff must tender the funds within 24 hours of the sale either by wire transfer into the trust account of Giddens & Gatton Law, P.C. or by hand-delivering a certified check to Giddens & Gatton Law, P.C. Failure to timely meet either of these requirements shall void that bid. /s/ David Washburn David Washburn, Special Master National Service & Investigations, Inc. 8100 Wyoming Blvd. NE Suite M-4, Box 272 Albuquerque, NM 87113 (505) 318-0300 Publshed in the Valencia County News-Bulletin on July 4,11,18, & 25, 2019.


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