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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO THE BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK, as Successor in Interest to JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, As Trustee for RBSGC MORTGAGE LOAN TRUST MORTGAGE PASS-THROUGH CERTIFICATE, SERIES 2005-RPI, 10 Plaintiff-Appellant, v. NO. A-1-CA-36317 FRANCISCO JAVIER RODRIGUEZ AND JANE DOE RODRIGUEZ, husband and wife; PATRICIA ESTRADA, if living; if deceased, THE UNKNOWN HEIRS OF PATRICIA ESTRADA, DECEASED; CITY OF ALBUQUERQUE; ABC Corporations I-X, XYZ Partnerships I-X, John Does I-X and Jane Does I-X, THE UNKNOWN HEIRS AND DEVISEES OF ANY OF THE ABOVE, IF DECEASED; OCCUPANTS OF THE PROPERTY, 22 Defendants-Appellees.

23 APPEAL FROM THE DISTRICT COURT OF BERNALILLO COUNTY Victor S. Lopez, District Judge McCarthy & Holthus, LLP Karen Weaver Joshua T. Chappell Albuquerque, NM for Appellant Daniel P. Dietz, Assistant City Attorney Albuquerque, NM for Appellee City of Albuquerque 7 MEMORANDUM OPINION VANZI, Chief Judge.

9 {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.

12 {2} AFFIRMED.

13 {3} IT IS SO ORDERED.

14 __________________________________ 15 LINDA M. VANZI, Chief Judge WE CONCUR:

17 _________________________________ STEPHEN G. FRENCH, Judge

19 _________________________________ DANIEL J. GALLEGOS, Judge