Notice of Pendency of Suit

EIGHTH JUDICIAL DISTRICT

IN THE DISTRICT COURT OF

COLFAX COUNTY, NEW MEXICO

No. D-809-CV-2021-00088

RACQUET CLUB COMMONS HOMEOWNERS

ASSOCIATION, INC., a New Mexico

non-profit corporation,

Plaintiff,

vs.

1) THE FOLLOWING ENTITIES WHICH MAY CLAIM AN

INTEREST IN THE PROPERTY DESCRIBED HEREIN:

a) Angel Fire Commons Timeshare Association, Inc.;

b) Angel Fire Commons Homeowners Association;

c) Angel Fire Commons Timeshare Association;

d) Angel Fire Timeshares, LLC;

e) The Vickers Group, Inc.;

f) Dr. Charles F. Gallagher, DMD, P.A.;

g) Desert Academy at Santa Fe;

h) Your Personal Archives, Inc.;

i) Clew Limited Partnership;

j) Portfolio Recovery Association;

k) Taos Valley Schools;

l) Robert Pierrot Real Estate, Inc.;

m) George L. Block & Elizabeth Block Revocable Trust dated

March 13, 1990;

n) Commons Management Co., Inc.;

o) Vacation Property Holdings, LLC;

2) THE FOLLOWING NAMED PERSONS IF LIVING, IF DECEASED,

THEIR UNKNOWN HEIRS:

a) Todd M. Sterk and Rosa T. Sterk, husband and wife and individually;

b) W. Louis McDonald;

c) James and Shelly Vickers, husband and wife and individually;

t) Gregory Brooks;

u) Lisa S. Brooks;

v) Michael L. Ritchey;

w) Daniel K. Endrizal;

x) Catherine D. Ritchey;

y) Kimberly S. Vickers;

z) Betty W. Smith;

aa) Jennifer N. Freye;

bb) Richard J. Freye;

cc) Fern K. Brucker;

dd) Kim E. Oliger;

ee) Craig A. Ferraro;

ff) W.D. Harney;

gg) Robert Stranahan IV;

hh) Cynthia Stranahan Brouwer;

ii) Reginald A.F. Brouwer;

jj) Charles D. Hodge;

kk) Margaret Duncan;

ll) Edward Norris;

mm) Michael D. Thuall (Thuil);

3) THE UNKNOWN HEIRS OF THE FOLLOWING NAMED

DECEASED PERSONS:

a) Bertha B. Rivera;

b) Ralph Brooks, a/k/a Ralph Leon Brooks;

c) Leo J. Eidenschink;

4) ALL UNKNOWN CLAIMANTS OF INTEREST

TO THE PREMISES,

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) THE FOLLOWING ENTITIES WHICH MAY CLAIM AN INTEREST IN THE PROPERTY DESCRIBED HEREIN:

a) Angel Fire Commons Timeshare Association, Inc.;

b) The Vickers Group, Inc.;

c) Dr. Charles F. Gallagher, DMD, P.A.;

d) Desert Academy at Santa Fe;

e) Your Personal Archives, Inc.;

f) Clew Limited Partnership;

g) Portfolio Recovery Association;

h) Taos Valley Schools;

i) Robert Pierrot Real Estate, Inc.;

j) George L. Block & Elizabeth Block Revocable Trust dated March 13, 1990;

k) Commons Management Co., Inc.;

l) Vacation Property Holdings, LLC;

2) THE FOLLOW NAMED PERSONS IF LIVING, IF DECEASED,

THEIR UNKNOWN HEIRS:

a) Todd M. Sterk and Rosa T. Sterk;

b) W. Louis McDonald;

c) Michael J. Childers and Shirley J. Childers, husband and wife;

d) Dr. Charles F. Gallager;

e) Leo J. Eidenschink and Norma F. Eidenschink, husband and wife, and individually;

f) Church Lewis;

g) Steven W. Johnson;

h) Marilyn D. Johnson;

i) Fred R. Evans and Betty L. Evans, husband and wife and individually;

j) Mary P. Eddy, a/k/a Mary Pat Eddy;

k) Lynette Brooks;

l) Ellen A. Daigh;

m) Loyd W. Richards and Leola A. Richards, his wife;

n) Joseph Malte Bickley;

o) Michael L. Ritchey;

p) Catherine D. Ritchey;

q) Betty W. Smith;

r) Fern K. Brucker;

s) Kim E. Oliger;

t) Craig A. Ferraro;

u) Charles D. Hodge;

v) Margaret Duncan;

w) Edward Norris;

x) Michael D. Thuall (Thuil)

3) THE UNKNOWN HEIRS OF THE FOLLOWING NAMED

DECEASED PERSONS:

a) Bertha B. Rivera;

b) Ralph Books, a/k/a Ralph Leon Books;

c) Leo J. Eidenschink;

4) ALL UNKNOWN CLAIMANTS OF INTEREST

TO THE PREMISES ADVERSE TO PLAINTIFF.

You, the above-named defendants and each of you, are notified that Racquet Club Commons Homeowners Association, Inc., as plaintiff has commenced suit against you, and each of you, as defendants in Cause No. D-809-CV-2021-00088, 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 obtain a judgment against the Defendants in the amount of $10,924.79, plus fees, costs, interest, late charges and assessments until paid; plus a reasonable amount for attorney’s fees; plus that amount sufficient to pay all costs of collection and suit; plus any and all amounts which Plaintiff will be required to pay for which recovery can be had by the Plaintiff in accordance with the provisions of the Declarations, Bylaws and the New Mexico Statutes;

The lien and judgment of Plaintiff is sought to be foreclosed and the real property securing the same be sold according to the law and practice of this Court, that the proceeds thereof be applied to the payment of the amounts due Plaintiff as set forth above, and all persons bound by these proceedings be barred and foreclosed of all right, title, interest, or claims to:

UNIT NO. 321, together with two percent (2%) undivided percentage interest in said unit as defined in the Supplemental Declaration of Covenants, Conditions, and Restrictions covering Unit 321, Racquet Club Condominiums, recorded at Miscellaneous Book 101, page 1-30, records of Colfax County, New Mexico, together with two percent (2%) undivided percentage interest of an undivided 2.2650439% interest in the common area and facilities, which unit shall be used for residential purposes only and subject to other restrictive covenants set forth in the Declaration and Floor plans filed November 15, 1979 at 11:15 a.m. and amended November 28, 1978 at 10:30 a.m., and Condominium Declaration for Racquet Club Commons recorded in Miscellaneous Book 91, page 485, and amended in Miscellaneous Book 92, page 29, filed November 28, 1979, records of Colfax County, New Mexico, which Plan and Declaration are incorporated herein by reference; and Second Amendment to Declaration of Condominium Ownership of Easements, Restrictions and Covenants for Racquet Club Commons, a Condominium Residence Enterprise, and Floor Plans, recorded in Miscellaneous Book 110, page 123, filed for record May 26, 1983 at 10:08 a.m., records of Colfax County, New Mexico.

UNIT NO. 260, together with two percent (2%) undivided percentage interest in said unit as defined in the Supplemental Declaration of Covenants, Conditions, and Restrictions covering Unit 260, Racquet Club Condominiums, recorded at Miscellaneous Book 101, page 1-30, records of Colfax County, New Mexico, together with two percent (2%) undivided percentage interest of an undivided 2.2650439% interest in the common area and facilities, which unit shall be used for residential purposes only and subject to other restrictive covenants set forth in the Declaration and Floor plans filed November 15, 1979 at 11:15 a.m. and amended November 28, 1978 at 10:30 a.m., and Condominium Declaration for Racquet Club Commons recorded in Miscellaneous Book 91, page 485, and amended in Miscellaneous Book 92, page 29, filed November 28, 1979, records of Colfax County, New Mexico, which Plan and Declaration are incorporated herein by reference; and Second Amendment to Declaration of Condominium Ownership of Easements, Restrictions and Covenants for Racquet Club Commons, a Condominium Residence Enterprise, and Floor Plans, recorded in Miscellaneous Book 110, page 123, filed for record May 26, 1983 at 10:08 a.m., records of Colfax County, New Mexico.

Unless you, the said defendants and each of you file a responsive pleading or motion on or before the 17th day of November, 2021, judgment as prayed for in the plaintiff’s Complaint will be rendered in said cause by default against you. 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 24th day of September, 2021.

LAUREN M. FELTS-SALAZAR, CLERK

EIGHTH JUDICIAL DISTRICT, COLFAX COUNTY

By: /s/ Anita Sintas

Deputy Clerk