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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 WELLS FARGO BANK, N.A., 3 Plaintiff-Appellee, v. NO. 34,608 NADIA MONTOYA, 6 Defendant-Appellant.

7 and PORFIRIO MONTOYA a/k/a PORFIRIO J. MONTOYA and TOSCANA AT CABEZON HOMEOWNERS ASSOCIATION, INC., 13 Defendants.

14 APPEAL FROM THE DISTRICT COURT OF SANDOVAL COUNTY John F. Davis, District Judge Joshua R. Simms, P.C.

17 Joshua R. Simms Albuquerque, NM for Appellant McCarthy & Holthus, LLP Jeannette M. Whittaker Andrew Yarrington Albuquerque, NM for Appellee

4 MEMORANDUM OPINION VIGIL, Judge.

6 {1} Summary affirmance was proposed for the reasons stated in the notice of proposed summary disposition. No memorandum opposing summary affirmance has been filed and the time for doing so has expired.

9 {2} AFFIRMED.

10 {3} IT IS SO ORDERED.

11 _______________________________ 12 MICHAEL E. VIGIL, Chief Judge

13 WE CONCUR:

14 ___________________________________ JAMES J. WECHSLER, Judge

16 _________________________________ TIMOTHY L. GARCIA, Judge