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Notice of Pendency of Suit

EIGHTH JUDICIAL DISTRICT

IN THE DISTRICT COURT OF

COLFAX COUNTY, NEW MEXICO

No. D-809-CV-2021-00121

INVESTMENTS BY ASPEN GROUP, LLC,

a Texas limited liability company,

Plaintiff,

vs.

1) LANA FREY, if living, and her

UNKNOWN HEIRS IF DECEASED;

2) THE CLEDDY L. VARNER and

PATRICIA L. VARNER REVOCABLE TRUST;

and

3) UNKNOWN CLAIMANTS OF INTEREST IN THE

PREMISES ADVERSE TO THE PLAINTIFF,

Defendants.

NOTICE OF PENDENCY OF SUIT

THE STATE OF NEW MEXICO:

To the following named defendants against whom constructive service is sought to be obtained, to-wit:

1) Lana Frey, if living, and her Unknown Heirs if deceased;

2) Unknown Claimants of Interest in the Property Adverse to the Plaintiff, and

3) Cleddy L. Varner and Patricia L. Varner Revocable Trust

You, the above-named defendants and each of you, are notified

that Investments by Aspen Group, LLC, as plaintiff has commenced suit against you, and each of you, as defendants in Cause No. D-809-CV-2021- 00121, now pending in the District Court of the Eighth Judicial District Court of the State of New Mexico, sitting within and for the County of Colfax, by filing therein its verified Complaint; that the general object of said suit is to determine and quiet the fee simple title of the plaintiff against you, the defendants, and each of you, in and to the following described property, to-wit:

A Condominium consisting of Unit 2, Building 2, the Angel View Condominium together with an undivided 16.6666% interest in and to the common areas and facilities according and subject to the terms, covenants, easements, restrictions, uses, reservations, limitations and obligations in Condominium Declaration for Angel View Condominium Units, filed for record in the Office of the County Clerk of Colfax County, New Mexico, on March 4, 1980 at 2:04 p.m., and recorded in Miscellaneous Book 92, page 428, and First Amendment to the Condominium Declaration for Angel View Condominium Units, dated August 20, 1980, filed March 19, 1981 at 11:57 a.m., recorded in Miscellaneous Book 98, page 41, and Second Amendment to the Condominium Declaration for Angel View Condominium for Angel View Units dated December 2, 1987, filed February 1, 1988 at 9:08 a.m., recorded in Miscellaneous Book 121, page 913, and the Floor Plans filed for record March 4, 1980 in Volume 1 of Condominium Plats, and Third Amendment to the Condominium Declaration for Angel View Condominium Units, filed October 6, 1998 at 12:36 p.m., recorded in Real Estate Records Book 9, page 12187, records of Colfax County, New Mexico.

Together with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining, and the reversion and

reversions, remainder and remainders, rents, issues and profits thereof; that unless you, the said defendants and each of you file a responsive pleading or motion on or before the 13th day of October, 2021, judgment as prayed for in the plaintiff’s Complaint will be rendered in said cause by default against you and each of you so failing to appear. The attorneys for the plaintiff are McCONNELL LAW OFFICE, LLC, Terrence R. Kamm, Esq., P.O. Box 1148, Raton, New Mexico 87740.

Dated at Raton, Colfax County, New Mexico this 20th day of August, 2021.

LAUREN M. FELTS-SALAZAR, CLERK

EIGHTH JUDICIAL DISTRICT, COLFAX COUNTY

By: /s/ Chris San Roman

Deputy Clerk

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