Case No. D202 CV2012-02425

By on May 4, 2012

STATE OF NEW MEXICO

COUNTY OF BERNALILLO

SECOND JUDICIAL DISTRICT COURT

Case No. D202 CV2012-02425

SUNWEST TRUST INC., a New Mexico Corporation, successor in interest to ZIA TRUST, INC., a New Mexico Corporation, successor in interest to FIRST FINANCIAL TRUST COMPANY, Custodian for Robert Crosby, IRA, (deceased) and Patricia E. Crosby, IRA, and PATRICIA E. CROSBY, individually,

Plaintiffs,

vs.

CHERRY CREEK, LLC, a New Mexico Limited Liability Company, CHERRY CREEK ASSOCIATION, FIRST FINANCIAL EQUITIES, INC., a New Mexico corporation, FIRST FINANCIAL TRUST COMPANY, ZIA TRUST, INC., a New Mexico Corporation, and DOUGLAS H.

McKINNON, individually and in his representative capacities for Defendants CHERRY CREEK, LLC, CHERRY CREEK

ASSOCIATION, FIRST FINANCIAL EQUITIES, INC., and FIRST FINANCIAL TRUST

COMPANY.

Defendants.

NOTICE OF PUBLICATION

Plaintiffs , Sunwest Trust Inc . Successor, Custodian for Robert Crosby, IRA, deceased, and Patricia E. Crosby, IRA, and Patricia E. Crosby, individually, by and through their counsel, Smith & Payne (Allen R. Smith), who may be contacted at P.O. Box 2100, Los Lunas, NM 87031, (505) 865-5003, pursuant to their Complaint on Promissory Note and for Debt and Money Due and Owing, for Fraud in the Inducement, Breach of Fiduciary Duty, Unfair Trade Practices and Breach of Covenant of Good Faith and Fair Dealing, hereby publishes notice to Defendant, Cherry Creek, LLC, Cherry Creek Association, First Financial Trust Company, and Douglas H. McKinnon, individually and in his representative capacities for Defendants.

A default judgment may be entered if a response is not filed.          Submitted by,                                         /s/ Allen Smith                                        Allen R. Smith                                  Smith & Payne, PC                                Attorney’s for the Plaintiffs   PO Box 2100                          Los Lunas, NM 87031

505 865-50003

HCS Pub. May 4, 11, 18, 2012

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