STATE OF NEW MEXICO COUNTY OF DONA ANA THIRD JUDICIAL DISTRICT COURT No. D-307-CV-2007-2603 HSBC BANK USA NATIONAL ASSOCIATION AS INDENTURE TRUSTEE UNDER THE INDENTURE RELATING TO PEOPLES' CHOICE HOME LOAN SECURITIES TRUST SERIES 2005-3 Plaintiff vs. JOSE SALDANA JESSICA SALDANA A/K/A JESSICA E. SALDANA AND AMERICAN GENERAL FINANCIAL SERVICES Defendants. NOTICE OF SALE Notice is hereby given that on June 4 2008 at the hour of 2:30 pm the undersigned Special Master or his designee will at the front entrance of the Dona Ana County Courthouse at 201 W. Picacho Las Cruces New Mexico 88005 sell all of the rights title and interest of the above-named Defendants in and to the hereinafter described real estate to the highest bidder for cash. The property to be sold is located at 490 La Colonia Ave. Las Cruces New Mexico 88005 (if there is a conflict between the legal description and the street address the legal description shall control) and is more particularly described as follows: Lots 11 12 & 13 AMENDED PLAT OF LA COLONIA SUBDIVISION in the County of Dona Ana State of New Mexico as shown and designated on the plat thereof filed in the office of the County Clerk of said county as Plat No. 326 on August 16 1946 in Book 6 Page(s) 44 of Plat Records including any improvements fixtures and attachments such as but not limited to mobile homes. Subject to all taxes utility liens and other restrictions and easements of record and subject to a one (1) month right of redemption by the Defendants from entry of an order approving sale. The foregoing sale will be made to satisfy foreclosure judgment rendered by this Court in the above-entitled and numbered cause on April 28 2008 being an action to foreclose a mortgage on the above-described property. The Plaintiff's judgment is $101,326.98 and the same bears interest at the rate of 7.3500% per annum which accrues at the rate of $20.40 per diem commencing on March 1 2008 with the Court reserving entry of final judgment against said Defendant Jose Saldana for the amount due after foreclosure sale for costs and attorney's fees plus interest as may be assessed by the Court. The Plaintiff has the right to bid at such sale all of its judgment amount 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. The sale may be postponed and rescheduled at the discretion of the Special Master. The Court's decree having duly appointed its Special Master to advertise and immediately offer for sale the subject real estate and to apply the proceeds of sale first to the costs of sale and the Special Master's fees then to pay the above-described judgment interest and costs of sale and to pay unto the registry of the Court any balance remaining to satisfy future adjudication of priority mortgage holders; NOW THEREFORE notice is hereby given that in the event that said property is not sooner redeemed the undersigned will as set forth above offer for sale and sell to the highest bidder for cash or equivalent the lands and improvements described above for the purpose of satisfying in the adjudged order of priorities the judgment described herein and decree of foreclosure together with any additional costs and attorney's fees costs of advertisement and publication a reasonable receiver and Special Master's fee to be fixed by the Court. The total amount of the judgment due is $101,326.98 plus interest to and including date of sale of $1,958.40 for a total judgment plus interest of $103,285.38. Sale is subject to the entry of an order of the Court approving the terms and conditions of this sale. EDWARD LITTLE Special Master 1509 37th St SE Rio Rancho NM 87124 Telephone: (505) 344-3266 E-mail: sale@littledranttel.com Pub No. 40206 Pub Date May 9 16 23 30 2008
