03-08-13 PAPER

Page 17

CLASSIFIEDS

Roswell Daily Record Legals

---------------------------------Publish March 8, 15, 2013

STATE OF NEW MEXICO COUNTY OF CHAVES FIFTH JUDICIAL DISTRICT No. D-505-PB-201300009 IN THE MATTER OF THE ESTATE OF SAM A. SPINA A/K/A TONY SPINA, Deceased. NOTICE TO CREDITORS

NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of this estate. All persons having claims against this estate are required to present their claims within two months after the date of the first publication of this Notice or within two months after the mailing or other delivery of this notice, whichever is later, or the claims will be forever barred. Claims must be presented either to the undersigned Personal Representative at Post Office Box 2168, Albuquerque, NM 87103-2168, or filed with the Fifth Judicial District Court, P.O. Box 1776, Roswell New Mexico 88202-1776 DATED: 2/6/13

/s/Crystal Allison Crystal Lynn Spina Allison a/k/a Crystal Allison, Personal Representative of the Estate of Sam A. Spina a/k/a Tony Spina, deceased

MODRALL, SPERLING, ROEHL, HARRIS & SISK, P.A. By:/s/James M. Parker James M. Parker Attorneys for Personal Representative 500 Fourth St., NW, Suite 1000 Box 2168 PO (87103-2168) Albuquerque, NM 87102 Telephone: (505)848-1800

---------------------------------Publish March 1, 8, 2013

STATE OF NEW MEXICO IN THE PROBATE CHAVES COURT COUNTY IN THE MATTER OF THE ESTATE OF Esther M. Davies, DECEASED. NO. 9062

NOTICE TO CREDITORS

NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative of this estate. All persons having claims against this estate are required to present their claims within two (2) months after the date of the first publication of this notice, or the claims will be forever barred. Claims must be presented either to the undersigned personal representative at the address listed below, or filed with the Probate Court of Chaves County, New Mexico, located at the following address: 1801 E. College, Roswell, NM 88201. Dated: February 25, 2013

/s/Elaine Wise Mayfield 1801 E. College Roswell, NM 88201 575-910-5039

Legals

---------------------------------Publish March 1, 8, 2013

STATE OF NEW MEXCOUNTY OF ICO CHAVES FIFTH JUDICIAL DISTRICT COURT IN THE MATTER OF PETITION OF THE KAYLA NICHOLE BENITEZ, Case No. CV-2013-141

FOR THE CHANGE OF NAME AZALEEYA RANAY SMITH NOTICE OF PETITION FOR CHANGE OF NAME OF A MINOR CHILD (A PERSON UNDER 14 YEARS OF AGE)

TAKE NOTICE that in accordance with the provisions of Sec. 40-8-1 through Sec. 40-8-3 NMSA 1978, the Petitioner, Kayla Nichole Benitez will apply to the Honorable Charles C. Currier, District Judge of the Fifth Judicial District and the Chaves Courthouse in ROSWELL, New Mexico at 9:00 a.m. on the 22nd day of April, 2013 for a FINAL ORDER CHANGING NAME OF A MINOR CHILD from AZALEEYA RANAY SMITH to AZALEEYA RANAY BENITEZ.

GARAGE SALES

002. Northeast

403 SUNRISE, Saturday only, 6am. Misc. items.

MULTI- FAMILY Furniture, tv, household items, decor, baby clothes/items, & women’s clothes & misc. #1 Rio Bonito Sat 7-12

001. North

002. Northeast CRAFTSMAN RIDING mower, tools, baby items, kid toys, clothes, 2 dorm sized fridges, tools, vacuums, small appliances, electronics, furniture, top side & x-over tool boxes, crafts, ladder back chairs. 706 Mission Arch Sat/Sun 8-12 4 PEACHTREE Ct., Sat., 8am. Across from Briar Ridge Apts. Furniture, fish tank w/all equip., kids clothes & much more. Something for everyone.

3019 DELICADO, Saturday, 7am. Furniture, clothes, toys, etc.

53 EAST Sky Loop HUGE MOVING SALE! Furniture, appliances, clothes, toys, baby stuff, tools, & tons more. Fri&Sat 8:00am

HUGE SALE Multi family-bedroom sets, piano, dressers, household goods, grill, smoker, like new bikes, 1970 Honda trail 70 motorcycle, aquariums, small pet cages, holiday decor galore, freezer, couches. Fri. 12-6, Sat/Sun 8-3. 1512 Pennsylvania Ave. south side gate.

404 DELICADO Dr, Sat., 7am-2pm. Very large sale: Lots of items, tools, furniture, appliances, lots misc. SATURDAY 7:00AM Baby items & lots of misc. 408 E. La Paloma

004. Southeast

1300 S. Michigan, Fri-Sun, 7AM.Tools, etc. 208 E. Summit, Fri-Sat, 7:30-2pm. Lots of girls clothes 10-15 & baby stuff.

005. South

404 SOUTH Holland inside and outside sale. Sat. 8-2

BY: Katie Espinoza Court Clerk

Friday, March 8, 2013

006. Southwest

BACK YARD sale 2603 S. Eisenhower xpensive weight lifting machine, art deco, antiques, metal storm door, furniture, almost new karaoke machine, hand tools, & much misc. 3/9/13 7-3 2811 LARGO Little bit of everything. Thu/Fri 9-1, Sat 8-11

LOST HUSKY, 1yr old, male, brown leather collar, vicinity of 2nd & Wyoming. 910-1573, reward offered FOUND BABY Chihuahua, taken to Animal Control.

INSTRUCTION

EMPLOYMENT

MOVING SALE Everything must go, furniture, AC units, etc. Fri/Sat 7-2 507 S. Hemlock

007. West

INDOOR ESTATE SALE Friday & Saturday 7am 2601 Resolana Dr. Many fine items including furniture, kitchen items, costume jewelry, collectibles. We can conduct your sale too! Call Wild West Auctions, LLC 575-623-7355.

008. Northwest

RAC INDOOR Garage Sale/Flea Market, March 8th, 5pm-8pm, March 9th 7am-1pm, 807 N. Missouri. 40 vendors selling.

2811 ONATE, Sat-Sun, 7am. Full mattress set, dresser, chest of drawers, floor lamp, men’s Levis, boys & girls clothing 3-5, adult clothes, girls bike, walker, shower chair, toys & dress ups, books, household misc. & more. Don’t miss this one! 1005 W. 14th, Friday-Sunday, 7am-12pm. Lots of misc.

SEAL

025. Lost and Found

045. Employment Opportunities

RECORDS CLERK Chaves County is currently accepting applications for the position of Records Clerk in the Chaves County Adult Detention Facility. (Salary $9.80 - $11.21/hr). Position requires HS diploma or GED and three years experience in office setting, up to 2 years of college/24 hour's course work can be applied to one year experience. Responsibilities include, but are not limited to, maintaining inmate files, arranging transports, receiving and releasing funds for inmate accounts, inmate mail. Must interact with courts, law enforcement, attorneys, and state and federal agencies across the US. Must interact with inmates and the public on a daily basis. Must be able to interact with the public, inmates and staff members in a pleasant manner. Must be proficient in the use of personal computers

Legals

Submitted by Petitioner Pro Se: /s/Kayla Nichole Benitez

-----------------------------------------------------------------------March 8, 2013 NOTICE OF PUBLIC MEETING

Legals

-------------------------------------------------------------------------------------------------------------Publish March 1, 8, 15, 2013

NOTICE is hereby given that on February 5, 2013, Whitney Farms Ltd., c/o Doug Whitney, 5042 Whitney Lane, Roswell, New Mexico 88203; filed Application No. RA-1582 & RA-1586 with the STATE ENGINEER for permit to use existing well RA-11906 as a supplemental point of diversion to supplement the diversion of 805.2 acre-feet per annum, plus carriage allowance, of shallow groundwater, which is presently authorized to be diverted from the following described wells:

WELL NO. RA-1582 POD5 RA-1586 POD4

SUBDIVISION SW1/4SE/14NE1/4 SW1/4NW1/4NE1/4

SECTION 28 28

TOWNSHIP 11 S. 11 S.

RANGE 25 E. 25 E.

The applicant proposes to commence the use of the following described shallow well as a supplemental point of diversion for the aforesaid water right:

RA-11906

SW1/4NW1/4NE1/4

28

11 S.

25 E.

Said water rights are authorized for the irrigation of up to 524.0 acres of land described as follows:

SUBDIVISION N1/2SE1/4 W1/2NW1/4SW1/4 S1/2SE1/4 N1/2SW1/4 NW1/4 NE1/4 SE1/4 S1/2

SECTION 21 22 21 22 27 28 27 21

TOWNSHIP 11 S. 11 S. 11 S. 11 S. 11 S. 11 S. 11 S. 11 S.

RANGE 25 E. 25 E. 25 E. 25 E. 25 E.) 25 E.) 25 E. 25 E.

ACRES 73.4 20.5 80.4 61.7

268.6 Up to 9.4 Up to 10.0 524.0

Application is made to use existing exploratory well RA-11906 as a supplemental point of diversion for RA-1582 POD5 and RA-1586 POD4. The above described wells and place of use are located approximately eight miles southeast of the City of Roswell, Chaves County, New Mexico.

Any person, firm or corporation or other entity having standing to file objections or protests shall do so in writing (objection must be legible, signed, and include the writer’s complete name, phone number and mailing address). The objection to the approval of the application must be based on: (1) Impairment; if impairment, you must specifically identify your water rights*; and/or (2) Public Welfare/Conservation of Water; if public welfare or conservation of water within the state of New Mexico, you must show how you will be substantially affected. The written protest must be filed, in triplicate, with the State Engineer, 1900 West Second Street, Roswell, New Mexico 88201, within ten (10) days after the date of the last publication of this Notice. Facsimiles (faxes) will be accepted as a valid protest as long as the hard copy is hand-delivered or mailed and postmarked within 24-hours of the facsimile. Mailing postmark will be used to validate the 24-hour period. Protests can be faxed to the Office of the State Engineer, (575) 623-8559. If no valid protest or objection is filed, the State Engineer will evaluate the application in accordance with the provisions of Chapter 72 NMSA 1978.

Legals

-----------------------------------------------------------------------Publish March 8, 15, 22, 29, 2013 STATE OF NEW MEXICO COUNTY OF CHAVES FIFTH JUDICIAL DISTRICT

No. D-504-CV-2012-00665

WELLS FARGO BANK, NA, Plaintiff,

v.

DANE R. BROWN, Defendant(s).

NOTICE OF SALE

NOTICE IS HEREBY GIVEN that the undersigned Special Master will on April 2, 2013 at 11:45 AM, the West steps entrance of the Chaves County Courthouse, 400 N. Virginia, sell and convey to the highest bidder for cash all the right, title, and interest of the above-named defendants in and to the following described real estate located in said County and State: The West 69.2 feet of Lot 7 and part of Lots 5 and 6 in Block 37A of LOMITAS ENCANTADAS ADDITION NO. 3, in the City of Roswell, County of Chaves and State of New Mexico, as shown on the official Plat recorded November 29, 1961 in Plat Book C, Page 164, Real property records of Chaves County, New Mexico, said part of Lot 5 and 6 being more particularly described as follows: Beginning at a point on the South line of Lot 6 that is 120 feet East of the Southwest corner of said Lot 6; thence East on said South line of Lot 6 a distance of 26.2 feet to the Southeast corner of Lot 6; thence North on the East line of Lot 6 to the Northeast corner thereof; thence West on the North line of Lot 6 and a prolongation thereof a distance of 28.16 feet to a point in Lot 5 that is 120 feet East of the West line of Lot 5; thence South parallel to the West line of Lot 5 a distance of 125.5 feet to a point of beginning.

The address of the real property is 3301 Dow Drive, Roswell, NM 88201. Plaintiff does not represent or warrant that the stated street address is the street address of the described property; if the street address does not match the legal description, then the property being sold herein is the property more particularly described above, not the property located at the street

address; any prospective purchaser at the sale is given notice that it should verify the location and address of the property being sold. Said sale will be made pursuant to the judgment entered on January 30, 2013 in the above entitled and numbered cause, which was a suit to foreclose a mortgage held by the above Plaintiff and wherein Plaintiff was adjudged to have a lien against the above-described real estate in the sum of $132,692.90 plus interest from November 9, 2012 to the date of sale at the rate of 5.875% per annum, the costs of sale, including the Special Master's fee, publication costs, and Plaintiff's costs expended for taxes, insurance, and keeping the property in good repair. Plaintiff has the right to bid at such sale 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. At the date and time stated above, the Special Master may postpone the sale to such later date and time as the Special Master may specify. NOTICE IS FURTHER GIVEN that this sale may be subject to a bankruptcy filing, a pay off, a reinstatement or any other condition that would cause the cancellation of this sale. Further, if any of these conditions exist, at the time of sale, this sale will be null and void, the successful bidder's funds shall be returned, and the Special Master and the mortgagee giving this notice shall not be liable to the successful bidder for any damages. NOTICE IS FURTHER GIVEN that the real property and improvements concerned with herein will be sold subject to any and all patent reservations, easements, all recorded and unrecorded liens not foreclosed herein, and all recorded and unrecorded special assessments and taxes that may be due. Plaintiff and its attorneys disclaim all responsibility for, and the purchaser at the sale takes the property subject to, the valuation of the property by the County Assessor as real or personal property, affixture of any mobile or manufactured home to the land, deactivation of title to a mobile or manufactured home on the property, if any, environmental contamination on the property, if any, and zoning violations concerning the property, if any. NOTICE IS FURTHER GIVEN that the purchaser at such sale shall take title to the above-described real property subject to rights of redemption. Jeffrey Lake Special Master Southwest Support Group 20 First Plaza NW, Suite #20 Albuquerque, NM 87102

NM12-02226_FC01

Notice is hereby given that a meeting of the Board of Directors of the Colonias Infrastructure Board will convene at 10:00 a.m. on Wednesday, March 20, 2013. The meeting will be held at the Pecos River Learning Center, 302 S. Canal, Carlsbad, New Mexico. The agenda will be available at the NMFA office at 207 Shelby Street, Santa Fe, New Mexico and the web site (www.nmfa.net). Anyone who has questions regarding the meeting or needs special accommodations should contact Rick Martinez at (505) 992-9661.

If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Rick Martinez at NMFA at 992-9661 as soon as possible. Public documents, including the agenda and minutes, can be provided in various accessible formats. Please contact the NMFA at 992-9661 if a summary or other type of accessible format is needed. -----------------------------------------------------------------------Publish February 22, March 1, 8, 15, 2013 STATE OF NEW MEXICO COUNTY OF CHAVES 5TH JUDICIAL DISTRICT

NOTICE OF PUBLIC HEARING

TO WHOM IT MAY CONCERN: Notice is hereby given that a Public Hearing will be held at 7:00 P.M. on TUESDAY, MARCH 26, 2013 before the Roswell Planning and Zoning Commission in the City Hall Council Chambers, 425 NORTH RICHARDSON AVENUE, Roswell, New Mexico.

PURPOSE OF HEARING: To hear and consider public response to the following applications:

CASE 13-005: A Replat to be Known as Brasher Industrial Park Redivision No. 1, Lots 1, 2, 3, 7, and 8, Block 3 of Brasher Industrial Park Subdivision and the w. 580' of a 20' alley lying between Lots 1, 2, 7, and 8, Block 3 of Brasher Industrial Park, located on the north side of the 400 block of East Brasher Road, City of Roswell/Owner.

CASE 13-006: A Variance of 3' to the Required 5' Side Yard Setback for a Principal Structure in an R-1 Residential District, Lot 10 and the w. 15' of Lot 9, Block 16 of Lomitas Encatadas #2, known as 3201 Highland Road, Tyler and Brieanne Ford/Owners, Joshua Vitt/Agent. CASE 13-007: A Variance of 9' to the Required 20' Rear Yard Setback for a Principal Structure in an R-1 Residential District, Lot 6 and the s. 6' of Lot 7, Block 3 of Atkinson Subdivision, known as 307 Hondo Drive, Martin and Dorothy Torrez/Owners.

CASE 13-008: A Special Use Permit for a School in an R-2 Residential District, S: 8 T: 11S R: 24E E/2SE/4NE/4 N 342.87 FT W 378.70 FT E 402.21 FT - S 166.81 FT N 416.24 FT W 261.31 FT E 663.45, known as 1500 South Main Street, First Christian Church/Owner, Valley Christian Academy/Agent. An Amendment to Article 5, Section 9.A.3 of Subdivision Ordinance #1323

Location maps of the above cases and detailed descriptions are available for review at the Planning and Zoning Department, City Hall Annex, 415 North Richardson Ave. The information package prepared by Staff and provided to the Commission will be available after 1 p.m. on WEDNESDAY, March 20, 2013, for interested parties to review.

Oral protests or comments to the proposed cases may be made at the hearing in person, by agent or attorney. Written protests representing twenty percent (20%) or more of the property owners within 100 feet of the proposed zoning change requires a two-thirds vote of all Commission members for approval. To be considered, written protests must be submitted to the Planning and Zoning Department no later than noon the working day prior to the public hearing. Final and binding decisions on the above applications may be made at the public hearing and lesser modifications of the application than those identified above may be considered on request by the applicant prior to or at the meeting. DATED: March 6, 2013

S/_____________________________ Louis Jaramillo, Zoning Administrator

-----------------------------------------------------------------------Publish March 8, 15, 22, 29, 2013 STATE OF NEW MEXICO COUNTY OF CHAVES FIFTH JUDICIAL DISTRICT WELLS FARGO BANK, NA, Plaintiff, v.

Case No.#D-504-CV-2012-00622 Judge __________________

KELLY MCDONALD AND ANGELA MCDONALD, Defendant(s).

vs.

NOTICE OF SALE

(1) Raymond Fresquez

(2) Lisa Fresquez

(3) Unknowns: All Unknown Occupants And/Or Tenants Of The Subject Real Estate

(6) Unknowns: All Unknown Spouses Of Any Party Hereto And All Other Persons Living Or Dead Whose Names Are Unknown, Who Claim Any Interest In The Subject Real Estate Defendant(s).

Notice of Suit by Publication and Mailing

TO EACH DEFENDANT NAMED ABOVE:

A lawsuit has been started against you in the above entitled court by the above named Plaintiff or Plaintiffs. Plaintiff's' claims are stated in a written Foreclosure Petition and Complaint, a copy of which is available from the Court Clerk and/or the Plaintiff's' attorney whose addresses and phone numbers are indicated above.

In order to defend against this lawsuit, you must respond to the Foreclosure Petition and Complaint by stating your defense(s) in writing and by filing same with the Clerk of the Court (by mail, if you wish) and mailing a copy to the Plaintiff's attorney. If you do not respond in writing, a default judgment may be entered against you without notice. A default judgment is one where the Plaintiff may be entitled to what they ask for because you have not responded. Your written response must be filed (by mail, if you wish) with the Clerk of the Court and mailed to Plaintiff's attorney on or before APRIL 16, 2013. If you wish to seek the advice of an attorney, you should do so promptly so that your written response, if any, may be served on time.

This lawsuit asks for a money judgment and involves the foreclosure of a Mortgage or Deed of Trust against and quieting title to the following Real Estate and all improvements thereto which is commonly described as: 56 W. Byrne Street, Roswell, NM 88203.

In this lawsuit, the Plaintiff alleges that the following Defendants have personal liability on the subject Mortgage or Deed of Trust and Note and the requested money judgment: NONE. Kleinsmith & Associates, P.C. Attorney for Plaintiff

-----------------------------------------------------------------------Publish March 8, 2013

No. D-504-CV-2012-00253

Swartz & Brough, Inc. Plaintiff(s),

Dated: February 14, 2013

Legals

B7

District Court Clerk

By:/s/Philip M. Kleinsmith By:/s/Janet Bloomer Philip M. Kleinsmith, #6261 Deputy KLEINSMITH & ASSOCIATES, P.C. 6035 Erin Park Drive, Ste. 203 Colorado Springs, CO 80918 (800) 842-8417

THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

REASONABLE ACCOMMODATIONS WILL BE PROVIDED IN ACCORD WITH THE AMERICANS WITH DISABILITIES ACT. WITNESS the Honorable Charles C. Currier, District Judge of the Fifth Judicial District Court of the State of New Mexico, and the seal of the district court of Chaves County this 14th day of February, 2013.

NOTICE IS HEREBY GIVEN that the undersigned Special Master will on April 2, 2013 at 11:45 AM, the West steps entrance of the Chaves County Courthouse, 400 N. Virginia, sell and convey to the highest bidder for cash all the right, title, and interest of the above-named defendants in and to the following described real estate located in said County and State: LOT SIXTEEN (16) of DELTA WEST UNIT 6, in the City of Roswell, County of Chaves and State of New Mexico, as shown on the Official Plat filed in the Chaves County Clerk's Office on November 16, 2005 and recorded in Book X of Plat Records, Chaves County, New Mexico, at Page 58B.

The address of the real property is 1301 Regents Ct, Roswell, NM 88201. Plaintiff does not represent or warrant that the stated street address is the street address of the described property; if the street address does not match the legal description, then the property being sold herein is the property more particularly described above, not the property located at the street address; any prospective purchaser at the sale is given notice that it should verify the location and address of the property being sold. Said sale will be made pursuant to the judgment entered on February 12, 2013 in the above entitled and numbered cause, which was a suit to foreclose a mortgage held by the above Plaintiff and wherein Plaintiff was adjudged to have a lien against the above-described real estate in the sum of $369,605.70 plus interest from November 5, 2012 to the date of sale at the rate of 4.875% per annum, the costs of sale, including the Special Master's fee, publication costs, and Plaintiff's costs expended for taxes, insurance, and keeping the property in good repair. Plaintiff has the right to bid at such sale 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. At the date and time stated above, the Special Master may postpone the sale to such later date and time as the Special Master may specify. NOTICE IS FURTHER GIVEN that this sale may be subject to a bankruptcy filing, a pay off, a reinstatement or any other condition that would cause the cancellation of this sale. Further, if any of these conditions exist, at the time of sale, this sale will be null and void, the successful bidder's funds shall be returned, and the Special Master and the mortgagee giving this notice shall not be liable to the successful bidder for any damages. NOTICE IS FURTHER GIVEN that the real property and improvements concerned with herein will be sold subject to any and all patent reservations, easements, all recorded and unrecorded liens not foreclosed herein, and all recorded and unrecorded special assessments and taxes that may be due. Plaintiff and its attorneys disclaim all responsibility for, and the purchaser at the sale takes the property subject to, the valuation of the property by the County Assessor as real or personal property, affixture of any mobile or manufactured home to the land, deactivation of title to a mobile or manufactured home on the property, if any, environmental contamination on the property, if any, and zoning violations concerning the property, if any. NOTICE IS FURTHER GIVEN that the purchaser at such sale shall take title to the above-described real property subject to rights of redemption. Jeffrey Lake Special Master Southwest Support Group 20 First Plaza NW, Suite #20 Albuquerque, NM 87102

NM00-01478_FC01


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