ELEVENTH JUDICIAL DISTRICT COUNTY OF SAN JUAN STATE OF NEW MEXICO D-1116-CV-2016-01503 CITIZENS BANK Plaintiff, vs DAVID A. SPENCER a.k.a. David Spencer a.k.a. David Andrew Spencer, Defendant. AMENDED NOTICE OF SALE Notice is hereby given that beginning at 10:00 a.m. MDT, on Wednesday, October 25, 2017 at the office of the undersigned Special Master located at 304 North Behrend Avenue, Farmington, San Juan County, New Mexico, the Special Master will sell all of the right, title and interest of the above-named Defendant in and to the following described real estate to the highest bidder for cash. The word "cash" means: (i) cash on hand, (ii) other immediately available funds, including, but not limited to, bank cashier's check, or (iii) an irrevocable letter of credit payable at the sale issued by a financial institution acceptable to and in a form acceptable to the Special Master in an amount not less than the bid amount, delivered to and approved by the Special Master prior to the sale. The sale may be postponed and rescheduled at the discretion of the Special Master. The real estate to be sold, including any improvements, fixtures and attachments, is located in the City of Aztec, County of San Juan, State of New Mexico and is described as follows: Those portions of Tracts 3 and 7 of CLARK SPENCER TRACT, as shown on the Plat thereof filed for record in the Office of the San Juan County Clerk November 1, 1954, described as follows: BEGINNING at a point which is 150 feet North of the Southeast corner of Tract 3; THENCE North 279 feet; THENCE West 186 feet; THENCE South 150 feet; THENCE West 93 feet; THENCE South 129 feet; THENCE East 279 feet to the point of beginning. and BEGINNING at the Southeast corner of Tract 3: THENCE North 150 feet; THENCE West 279 feet; THENCE South 150 feet; THENCE East 279 feet to the point of beginning. and The East 279 feet of Tract 7. and All of Tract 9 of CLARK SPENCER TRACT, as shown on the Plat thereof filed for record in the Office of the San Juan County Clerk on November 1, 1954 Commonly known as Lot 7 Road 3257, Lot 9 Road 3257 and Lot 3B Road 3257, Aztec, NM 87410 ("Property") The sale is SUBJECT to all unpaid taxes, utility liens, other restrictions of record, a one month right of redemption by Defendant, any liens and encumbrances not otherwise foreclosed upon in this action, and the entry of an order by the Court approving the terms, conditions and provisions of the real estate being sold. The subject real estate, including any improvements, fixtures and attachments, will be sold "AS IS, WHERE IS" and without any express or implied warranties of any kind or nature. The sale will be made to satisfy a foreclosure judgment entered by the Court on July 17, 2017 in the above-styled action. Prospective bidders are advised to make their own examination of the title and the condition of the property, and to consult their own attorney before bidding. At the sale the Special Master will sell to the highest bidder to satisfy the judgment in favor of Plaintiff in the amount of $68,034.74 together with interest at the annual default rate of 12.5% from and after October 5, 2015 until paid; accumulated late charges in the amount of $450.00; foreclosure title research fees of $591.18; appraisal fees of $900.00; bankruptcy collection fees and costs of $1,192.35 and all costs of collection and of this action, attorneys' fees and applicable taxes plus interest on these sums at the rate of 12.5% from and after the entry of the Default Judgment, Decree of Foreclosure, Order of Sale and Appointment of Special Master on July 17, 2017 until date of sale; and publication of this Notice of Sale. Plaintiff is allowed to bid, in writing or orally, the amount of its foreclosure judgment, or any portion thereof, at this sale in lieu of cash, and may apply all or a portion of its judgment as cash toward the purchase price. /s/Richard L. Gerding Richard L. Gerding, Esq. Special Master TULLY LAW FIRM, P.A./s/Richard T.C. Tully Richard T. C. Tully, Esq. Attorney for Plaintiff P. O. Box 268 Farmington, NM 87499-0268 (505) 327-3388 Legal No. 74272 published in The Daily Times on September 9, 16, 23 & 30, 2017.