TOWN OF PAGOSA SPRINGS, ARCHULETA COUNTY, COLORADO
Town Park Pedestrian Bridge
STE M016-017, SA 15382
The Town of Pagosa Springs, Colorado, is in the process of finalizing the above listed project constructed by Hart Construction Corporation. Any claims against this project by suppliers, subcontractors, or others should be delivered to the project engineering firm of Davis Engineering Service, Inc. at 188 S. 8th Street, P.O. Box 1208, Pagosa Springs, Colorado 81147. All claims shall be delivered prior to July 10, 2009. Any claims received after July 10, 2009 shall not be considered. Claim forms can be obtained from Davis Engineering Service, Inc. (Phone 970-264-5055)
Published June 18, 25, July 2 and 9, 2009 in The Pagosa Springs SUN.
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Storage Sale. Due to default in rent the contents of unit 28, household item, small tools, saddle and tack, washer - dryer, etc, will be sold pursuant to state law set forth in C.R.S. 38--21.5-101. These items belong to Josh Calvert, 1003 CR 333, Ignacio, CO 81137. This sale will take place June 27, 2009 at 10:00 A.M., at Lakeview Storage, 400 CR 982, Arboles, CO.
Published June 18 and 25, 2009 in The Pagosa Springs SUN.
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NOTICE OF PURCHASE OF REAL ESTATE AT TAX LIEN SALE AND OF APPLICATION
FOR ISSUANCE OF TREASURER’S DEED
To Every Person in Actual Possession or Occupancy of the hereinafter Described Land, Lot or Premises, and to the Person in Whose Name the same was Taxed or Specially Assessed, and to all Persons having Interest of Title of Record in or to the said Premises and To Whom It May Concern, and more especially to
Steve & Sue Alschuler
8001 Venice Ave, NE
Albuquerque, NM 87122
You and each of you are hereby notified that on the 18th day of November, AD, 2004 the then County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to
Michael & Wendy Bazin
the following described real estate situate in the County of Archuleta, State of Colorado, to-wit:
Legal Description: Lot 18, Block 4, Holiday Acres Subdivision Unit 2 and a Replat of a portion of Unit 1
Schedule # 569936103003
TSC # 2005-134
and said County Treasurer issued a certificate of purchase therefore to Michael & Wendy Bazin.
That said tax lien sale was made to satisfy the delinquent property (and special assessment) taxes assessed against said real estate for the year 2004,2007.
That said real estate was taxed or specially assessed in the name(s) of Steve & Sue Alschuler for said year 2004,2007.
That said Michael & Wendy Bazin on the 10th day April , 2009, the present holder of said certificate (who) has made request upon the Treasurer of said County for a deed to said real estate;
That a Treasurer’s Deed will be issued for said real estate to Michael & Wendy Bazin
at 4:00 o’clock PM, on the 10th day August, A.D. 2009, unless the same has been redeemed.
Said property may be redeemed from said sale at any time prior to the actual execution of said Treasurer’s Deed.
Witness my hand this 5th Day of June, A.D. 2009.
Betty A. Diller, Archuleta County Treasurer
by Elsa Lucero, Deputy
Published June 11, 18 and 25, 2009 in The Pagosa Springs SUN.
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TOWN OF PAGOSA SPRINGS, ARCHULETA COUNTY, COLORADO
Great West Avenue Reconstruction Project
AQC M016-015, SA 15263
The Town of Pagosa Springs, Colorado, is in the process of finalizing the above listed project constructed by Strohecker Asphalt and Paving. Any claims against this project by suppliers, subcontractors, or others should be delivered to the project engineering firm of Davis Engineering Service, Inc. at 188 S. 8th Street, P.O. Box 1208, Pagosa Springs, Colorado 81147. All claims shall be delivered prior to June 26, 2009. Any claims received after June 26, 2009 shall not be considered. Claim forms can be obtained from Davis Engineering Service, Inc. (Phone 970-264-5055)
Publishesd June 11, 18 and 25, 2009 in The Pagosa Springs SUN.
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NOTICE OF PURCHASE OF REAL ESTATE AT TAX LIEN SALE AND OF APPLICATION
FOR ISSUANCE OF TREASURER’S DEED
To Every Person in Actual Possession or Occupancy of the hereinafter Described Land, Lot or Premises, and to the Person in Whose Name the same was Taxed or Specially Assessed, and to all Persons having Interest of Title of Record in or to the said Premises and To Whom It May Concern, and more especially to
Oakhill Ranch LLC
1288 Cloud Cap Ave. #10
Pagosa Springs CO 81147
You and each of you are hereby notified that on the 18th day of November, AD, 2004 the then County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to
Michael & Wendy Bazin
the following described real estate situate in the County of Archuleta, State of Colorado, to-wit:
Legal Description: Tract 5, Replat 5,9,10,12,13,15,16B,19A, 19B, 20 and C, Oak Hill Ranches
Schedule # 589314412005
TSC # 2005-135
and said County Treasurer issued a certificate of purchase therefore to Michael & Wendy Bazin.
That said tax lien sale was made to satisfy the delinquent property (and special assessment) taxes assessed against said real estate for the year 2004,2005,2006,2007.
That said real estate was taxed or specially assessed in the name(s) of Oakhill Ranch LLC for said year 2004,2005,2006,2007.
That said Michael & Wendy Bazin on the 10th day April , 2009, the present holder of said certificate (who) has made request upon the Treasurer of said County for a deed to said real estate;
That a Treasurer’s Deed will be issued for said real estate to Michael & Wendy Bazin
at 4:00 o’clock PM, on the 10th day August, A.D. 2009, unless the same has been redeemed.
Said property may be redeemed from said sale at any time prior to the actual execution of said Treasurer’s Deed.
Witness my hand this 5th Day of June, A.D. 2009.
Betty A. Diller, Archuleta County Treasurer
by Elsa Lucero, Deputy
Published June 11, 18 and 25, 2009 in The Pagosa Springs SUN.
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District Court, Archuleta County, State of Colorado
Court Address: PO Box 148, 449 San Juan St.
Pagosa Springs, CO 81147
EAGLE’S LOFT PROPERTY OWNERS ASSOCIATION, INC.
v.
THERESA J. FIRESTONE, TILLMAN D. FIRESTONE and All Unknown Persons Who Claim Any Interest in the Subject Matter of this Action.
Defendants.
Attorney for Plaintiffs:
Larry W. Holthus
PO Box 1737
Pagosa Springs, CO 81147
Phone Number: (970) 264-4196
FAX Number: (970) 264-4197
Atty. Reg. #: 10535
Case Number: 08 CV333
SUMMONS BY PUBLICATION
THE PEOPLE OF THE STATE OF COLORADO TO THE ABOVE NAMED DEFENDANTS:
You are hereby summoned and required to appear and defend against the claims of the Complaint filed with the Court in this action, by filing with the Clerk of this Court, an Answer or other response. You are required to file your Answer or other response within thirty (30) days after the date of the last publication. A copy of the Complaint may be obtained from the Clerk of the Court.
If you fail to file your Answer or other response to the Complaint in writing within thirty (30) days after the date of the last publication, judgment by default may be rendered against you by the Court for the relief demanded in the Complaint without further notice.
This is an action to quiet title to:
Unit Number 49 Building Number 49, Unit Week Number 43, in “EAGLE’S LOFT – Phase IV, as Reception No. 137941 and in accordance with and as limited and defined by the Declaration of Individual and/or Interval Ownership, recorded under Reception Number 117700 in Book 200 at Page 834 et seq and amendments and supplements thereto in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.
Dated this 15th day of April, 2009.
/s/ Larry W. Holthus
Published June 4, 11, 18, 25 and July 2, 2009 in The Pagosa Springs SUN.
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COMBINED NOTICE OF SALE AND RIGHT TO CURE AND REDEEM
FORECLOSURE NUMBER 042-2009
To whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 042-2009 was commenced on 03/30/2009 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Original Grantor(s): Donald C. Neder and Gail Paula Neder
Original Beneficiary: Wells Fargo Bank, National Association
Current Holder of Evidence of Debt: Wells Fargo Bank, National Association
Date of Deed of Trust: 06/01/2007
County of Recording: Archuleta
Recording Date of Deed of Trust: 06/04/2007
Reception No.: 20704880
Original Principal Balance: $900,000.00
Outstanding Principal Balance: $898,951.18
Pursuant to C.R.S. §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
Lot 53, Piedra Estates, according to the plat thereof filed December 7, 1976, as Reception No. 86891 in the office of the Clerk and Recorder, Archuleta County, Colorado.
WHICH HAS THE ADDRESS OF: 741 Majestic Drive, Pagosa Springs, CO 81147
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction at 10:00 A.M. on Thursday, 07/23/2009, at 449 San Juan St., Pagosa Springs, CO 81147 sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
First Publication: 05/28/2009
Last Publication: 06/25/2009
Name of Publication: Pagosa Springs Sun
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. §38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. §38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 3/27/2009
Betty A. Diller
Public Trustee of Archuleta County, State of Colorado
By: /s/ Debora A. Switala, Deputy Public Trustee
The name, address and telephone number of the attorney(s) representing the legal holder of the indebtedness is:
The Masters Law Firm, L.L.C. 152 Colorado Avenue, , Montrose, CO 81401 (970)249-2622
The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
Published May 28, June 4, 11, 18 and 25, 2009 in The Pagosa Springs SUN.
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COMBINED NOTICE OF SALE AND RIGHT TO CURE AND REDEEM
FORECLOSURE NUMBER 044-2009
To whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 000-2009 was commenced on 03/30/2009 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Original Grantor(s): Sherrie C Murray and Marc W Murray
Original Beneficiary: Long Beach Mortgage Company
Current Holder of Evidence of Debt: JPMorgan Chase Bank, National Association
Date of Deed of Trust: 08/05/2005
County of Recording: Archuleta
Recording Date of Deed of Trust: 08/05/2005
Reception No.: 20508053
Original Principal Balance: $144,400.00
Outstanding Principal Balance: $144,151.72
Pursuant to C.R.S. §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
LOTS 161 AND 162 IN ASPEN SPRINGS SUBDIVISION NO. 5, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD AUGUST 3, 1971 AS RECEPTION NO. 74690, COUNTY OF ARCHULETA, STATE OF COLORADO
WHICH HAS THE ADDRESS OF: 99 Toms Place, Pagosa Springs, CO 81147
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction at 10:00 A.M. on Thursday, 07/23/2009, at 449 San Juan St., Pagosa Springs, CO 81147 sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
First Publication: 05/28/2009
Last Publication: 06/25/2009
Name of Publication: Pagosa Springs Sun
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. §38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. §38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 3/30/2009
Betty A. Diller
Public Trustee of Archuleta County, State of Colorado
By: /s/ Debora A. Switala, Deputy Public Trustee
The name, address and telephone number of the attorney(s) representing the legal holder of the indebtedness is:
Robert J. Hopp & Associates, LLC PO Box 8689, , Denver, CO 80201 303-225-0836
The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
Attorney file number: 09-01166RH
Published May 28, June 4, 11, 18 and 25, 2009 in The Pagosa Springs SUN.
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COMBINED NOTICE OF SALE AND RIGHT TO CURE AND REDEEM
FORECLOSURE NUMBER 045-2009
To whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 045-2009 was commenced on 04/01/2009 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Original Grantor(s): Michael E Homan and Rossitza A Homan
Original Beneficiary: Wells Fargo Bank, N.A.
Current Holder of Evidence of Debt: HSBC Bank USA, National Association as Trustee for Wells Fargo Asset Securities Corportaion, Mortgage Pass-Through Certificates, Series 2007-4
Date of Deed of Trust: 02/05/2007
County of Recording: Archuleta
Recording Date of Deed of Trust: 02/08/2007
Reception No.: 20701236
Original Principal Balance: $950,000.00
Outstanding Principal Balance: $931,051.63
Pursuant to C.R.S. §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
Exhibit “A”
045-2009
A tract of land located in the North Half (N 1/2) of Section 10, and the South Half (S 1/2) of Section 3, Township 35 North, Range 2 West, N.M.P.M., Archuleta County, Colorado, being more particularly described as follows, to-wit:
Beginning at the Northeast corner of the tract herein described, whence the Southeast corner of said Section 3, bears South 81°01’00” East, 1643.50 feet distant;
Thence South 14°36’45” West, 1410.57 feet;
Thence South 72°32’55” West, 520.08 feet;
Thence North 46°57’41” West, 947.38 feet;
Thence North 16°37’10” East, 168.51 feet;
Thence North 25°30’01” East, 789.53 feet;
Thence North 89°59’13” East, 1156.33 feet to the point of beginning.
WHICH HAS THE ADDRESS OF: 872 Phantom Ranch Place, Pagosa Springs, CO 81147
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction at 10:00 A.M. on Thursday, 07/23/2009, at 449 San Juan St., Pagosa Springs, CO 81147 sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
First Publication: 05/28/2009
Last Publication: 06/25/2009
Name of Publication: Pagosa Springs Sun
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. §38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. §38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 04/01/09
Betty A. Diller
Public Trustee of Archuleta County, State of Colorado
By: /s/ Debora A. Switala, Deputy Public Trustee
The name, address and telephone number of the attorney(s) representing the legal holder of the indebtedness is:
William L. Foster #38341
Caren Jacobs Castle #11790
Barbara Bader #10394
P.C. Wolf #34797
Jeremy D. Peck #36588
Cristel D. Shepherd #39351
Deanne R. Stodden #33214
Jennifer C. Rogers #34682
Katharine E. Fisher #39230
Jeffrey C. Gaston #40389
Elizabeth S. Marcus #16092
Britney Beall-Eder #64935
Lauren R. Smith #39316
Castle, Meinhold & Stawiarski LLC 999 18TH ST., #2201, Denver, CO 80202 303-865-1400
The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
Attorney file number: 09-06934
Published May 28, June 4, 11, 18 and 25, 2009 in The Pagosa Springs SUN.
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COMBINED NOTICE OF SALE AND RIGHT TO CURE AND REDEEM
FORECLOSURE NUMBER 046-2009
To whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 046-2009 was commenced on 04/01/2009 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Original Grantor(s): LOUISE W. JAGGER
Original Beneficiary: FIRST SOUTHWEST BANK
Current Holder of Evidence of Debt: FIRST SOUTHWEST BANK
Date of Deed of Trust: 04/16/2008
County of Recording: Archuleta
Recording Date of Deed of Trust: 04/21/2008
Reception No.: 20802845
Original Principal Balance: $50,000.00
Outstanding Principal Balance: $45,813.32
Pursuant to C.R.S. §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
SEE EXHIBIT “A” ATTACHED AND INCORPORATED BY REFERENCE.
A tract of land lying and being Southerly on U.S. Highway 160, within the NE1/4 of Section BU, Township 34 North, Range 4 West, N.M.P.M., and more particularly described as follows:
Point of location being the Northeast Corner of Section BU, Township 34 North, Range 4 West, N.M.P.M., going Southwest (about 17°) 1615 feet intersecting U.S. Highway No. 160, being the point of beginning to described said tract;
Thence West along Highway No. 160 for 917.4 feet;
Thence at right angles with road right of way, 290.4 feet;
Thence East at right angles, 917.4 feet;
Thence to the point of beginning
LESS AND EXCEPT a tract of land conveyed to Colorado Highway Department in instrument recorded May 28, 1955 in Book 91 at Page 571.
together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters.
WHICH HAS THE ADDRESS OF: 18710 US HWY 160 W, CHIMNEY ROCK, CO 81127
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction at 10:00 A.M. on Thursday, 07/23/2009, at 449 San Juan St., Pagosa Springs, CO 81147 sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
First Publication: 05/28/2009
Last Publication: 06/25/2009
Name of Publication: Pagosa Springs Sun
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. §38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. §38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 4/1/2009
Betty A. Diller
Public Trustee of Archuleta County, State of Colorado
By: /s/ Debora A. Switala, Deputy Public Trustee
The name, address and telephone number of the attorney(s) representing the legal holder of the indebtedness is:
Kettlekamp, Young & Kettelkamp, PC 201 W 8th Street, Suite 540, , Pueblo, CO 81003-3034 (719)543-4321
The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
Published May 28, June 4, 11, 18 and 25, 2009 in The Pagosa Springs SUN.
_________________________________________
District Court, Archuleta County, State of Colorado
Court Address: 449 San Juan Street, P.O. Box 148
Pagosa Springs, Colorado 81147
Telephone No.: (970) 264-2400
EAGLE’S LOFT PROPERTY OWNERS ASSOCIATION, INC.
Plaintiff
v.
ROBERT E. HUGHES, THE ESTATE OF ROBERT E. HUGHES, THE PERSONAL REPRESENTATIVE OF ROBERT E. HUGHES, THE HEIRS AND DEVISEES OF ROBERT E. HUGHES, MARY K. HUGHES, THE ESTATE OF MARY K. HUGHES, THE PERSONAL REPRESENTATIVE OF MARY K. HUGHES, THE HEIRS AND DEVISEES OF MARY K. HUGHES and All Unknown Persons Who Claim Any Interests In The Subject Matter Of This Action
Defendants
Attorney for Plaintiff:
Name: Larry W. Holthus
Address: P.O. Box 1737
Pagosa Springs, Colorado 81147
Telephone No.: (970) 264-4196
Facsimile No.: (970) 264-4197
Atty. Reg. No.: 10535
Case Number: 08 CV270
SHERIFF’S COMBINED NOTICE OF SALE, RIGHT TO CURE AND RIGHT TO REDEEM
TO WHOM IT MAY CONCERN:
This is to advise you that the above-captioned action is pending. A Judgment and Decree for Judicial Foreclosure has been entered in this action concerning an assessment lien by the plaintiff Eagle’s Loft Property Owners Association, Inc. pursuant to the Colorado Common Interest Ownership Act, Colorado Revised Statutes, §3-33.3-316(2)(a), and the Plaintiff’s Property Owners Association Declaration for Eagle’s Loft Property Owners Association, Inc. of (said) Assessment Lien being recorded on June 24, 2008 at Reception No. 20804851, in the office of the Clerk and Recorders Office of Archuleta County, Colorado (the “Assessment Lien”).
The real property which is the subject matter of this litigation, which is the property subject to the Assessment Lien, is situation in Archuleta County, and is described as follows, to-wit:
Unit Number 31 Building Number 31, Unit Week Number 52, in “EAGLE’S LOFT – Phase Three, as Reception No. 130203 and in accordance with and as limited and defined by the Declaration of Individual and/or Interval Ownership, recorded under Reception Number 117700 in Book 200 at Page 834 et seq and amendments and supplements thereto in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.
The Plaintiff named above is the judgment creditor in this action and the lienor of the property pursuant to the Colorado Common Interest Ownership Act, Colorado revised Statutes, §33-33.3-316(2)(a), and the Plaintiff’s Property Owners Association Declaration for Eagles’ Loft Property Owners Association. As of March 31, 2009, the outstanding balance due and owing on such judgment is $2,457.40.
I shall offer for public sale to the highest bidder, for case, at public auction, all the right, title and interest of the defendants in said property on September 9, 2009 at 10:00 a.m. at the Archuleta County Sheriff’s Office, 449 San Juan St., Pagosa Springs, CO 81147.
NOTE: THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.
Attached hereto are copies of certain Colorado statutes that my vitally affect your property rights in relation to this proceeding. Said proceeding may result in the loss of property in which you have an interest. You may wish to seek the advice of your own private attorney concerning your rights in relation to this foreclosure proceeding.
C.R.S. §38-38-103(4)(a)(II): A notice of intent to cure filed pursuant to section 38-38-104 shall be filed with the officer at least fifteen calendar days prior to the first scheduled sale date or any date to which the sale is continued;
C.R.S. §38-38-103(4)(a)(III): A notice of intent to redeem filed pursuant to section 38-38-302 shall be filed with the officer no later than eight business days after the sale;
INTENT to cure and redeem, as provided by the aforementioned laws, must be directed to or conducted at the Office of the Sheriff for the County of Archuleta, Front Office, 449 San Juan Street, Pagosa Springs, CO 81147.
Dated at Archuleta County, Colorado, this 19th day of May, 2009
/s/ Peter L. Gonzalez
Sheriff, Archuleta County, Colorado
Sale Date: September 0, 2009 at 10:00 a.m.
BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS TO COVER THEIR HIGHEST BID AT THE TIME OF THE SALE. CERTIFIED FUNDS ARE PAYABLE TO THE REGISTRY OF THE ARCHULETA COUNTY DISTRICT COURT.
Colorado Statutes attached: Colorado Revised Statutes §38-37-108, 38-38-103, 38-38-104,38-38-301,38-38-304,38-38-305, and 38-38-306.
Published May 28, June 4, 11, 18 and 25, 2009 in The Pagosa Springs SUN.
_________________________________________
District Court, Archuleta County, State of Colorado
Court Address: 449 San Juan Street, P.O. Box 148
Pagosa Springs, Colorado 81147
Telephone No.: (970) 264-2400
EAGLE’S LOFT PROPERTY OWNERS ASSOCIATION, INC.
Plaintiff
v.
ALMA E. NEUGEBAUER, THE PERSONAL REPRESENTATIVE OF ALMA E. NEUGEBAUER, THE HEIRS AND DEVISEES OF THE ESTATE OF ALMA E. NEUGEBAUER and All Unknown Persons Who Claim Any Interest In The Subject Matter Of This Action,
Defendants
Attorney for Plaintiff:
Name: Larry W. Holthus
Address: P.O. Box 1737
Pagosa Springs, Colorado 81147
Telephone No.: (970) 264-4196
Facsimile No.: (970) 264-4197
Atty. Reg. No.: 10535
Case Number: 08 CV115
SHERIFF’S COMBINED NOTICE OF SALE, RIGHT TO CURE AND RIGHT TO REDEEM
TO WHOM IT MAY CONCERN:
This is to advise you that the above-captioned action is pending. A Judgment and Decree for Judicial Foreclosure has been entered in this action concerning an assessment lien by the plaintiff Eagle’s Loft Property Owners Association, Inc. pursuant to the Colorado Common Interest Ownership Act, Colorado Revised Statutes, §3-33.3-316(2)(a), and the Plaintiff’s Property Owners Association Declaration for Eagle’s Loft Property Owners Association, Inc. of (said) Assessment Lien being recorded on June 1, 2004 at Reception No. 20404766 in the office of the Clerk and Recorders Office of Archuleta County, Colorado (the “Assessment Lien”).
The real property which is the subject matter of this litigation, which is the property subject to the Assessment Lien, is situation in Archuleta County, and is described as follows, to-wit:
Unit Number 32 Building Number 32, Unit Week Number 18, in “EAGLE’S LOFT – Phase Three, as Reception No. 130203 and in accordance with and as limited and defined by the Declaration of Individual and/or Interval Ownership, recorded under Reception Number 117700 in Book 200 at Page 834 et seq and amendments and supplements thereto in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.
The Plaintiff named above is the judgment creditor in this action and the lienor of the property pursuant to the Colorado Common Interest Ownership Act, Colorado revised Statutes, §33-33.3-316(2)(a), and the Plaintiff’s Property Owners Association Declaration for Eagles’ Loft Property Owners Association. As of March 31, 2009, the outstanding balance due and owing on such judgment is $5,092.76.
I shall offer for public sale to the highest bidder, for case, at public auction, all the right, title and interest of the defendants in said property on September 9, 2009 at 10:00 a.m. at the Archuleta County Sheriff’s Office, 449 San Juan St., Pagosa Springs, CO 81147.
NOTE: THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.
Attached hereto are copies of certain Colorado statutes that my vitally affect your property rights in relation to this proceeding. Said proceeding may result in the loss of property in which you have an interest. You may wish to seek the advice of your own private attorney concerning your rights in relation to this foreclosure proceeding.
C.R.S. §38-38-103(4)(a)(II): A notice of intent to cure filed pursuant to section 38-38-104 shall be filed with the officer at least fifteen calendar days prior to the first scheduled sale date or any date to which the sale is continued;
C.R.S. §38-38-103(4)(a)(III): A notice of intent to redeem filed pursuant to section 38-38-302 shall be filed with the officer no later than eight business days after the sale;
INTENT to cure and redeem, as provided by the aforementioned laws, must be directed to or conducted at the Office of the Sheriff for the County of Archuleta, Front Office, 449 San Juan Street, Pagosa Springs, CO 81147.
Dated at Archuleta County, Colorado, this 19 day of May, 2009
Sheriff Sale: 2009-46
/s/ Peter L. Gonzalez
Sheriff, Archuleta County, Colorado
Sale Date: September 9, 2009 at 10:00 a.m.
BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS TO COVER THEIR HIGHEST BID AT THE TIME OF THE SALE. CERTIFIED FUNDS ARE PAYABLE TO THE REGISTRY OF THE ARCHULETA COUNTY DISTRICT COURT.
Colorado Statutes attached: Colorado Revised Statutes §38-37-108, 38-38-103, 38-38-104,38-38-301,38-38-304,38-38-305, and 38-38-306.
Published May 28, June 4, 11, 18 and 25, 2009 in The Pagosa Springs SUN.
_________________________________________
District Court, Archuleta County, State of Colorado
Court Address: 449 San Juan Street, P.O. Box 148
Pagosa Springs, Colorado 81147
Telephone No.: (970) 264-2400
PTARMIGAN PROPERTY OWNERS ASSOCIATION, INC.
Plaintiff
v.
RONALD L. BUTLER, JOSEPH A. STERN and All Unknown Persons Who Claim Any Interest in the Subject Matter of This Action,
Defendants.
Attorney for Plaintiff:
Name: Larry W. Holthus
Address: P.O. Box 1737
Pagosa Springs, Colorado 81147
Telephone No.: (970) 264-4196
Facsimile No.: (970) 264-4197
Atty. Reg. No.: 10535
Case Number: 08 CV315
SHERIFF’S COMBINED NOTICE OF SALE, RIGHT TO CURE AND RIGHT TO REDEEM
TO WHOM IT MAY CONCERN:
This is to advise you that the above-captioned action is pending. A Judgment and Decree for Judicial Foreclosure has been entered in this action concerning an assessment lien by the plaintiff Ptarmigan Property Owners Association, Inc. pursuant to the Colorado Common Interest Ownership Act, Colorado Revised Statutes, §3-33.3-316(2)(a), and the Plaintiff’s Property Owners Association Declaration for Ptarmigan Property Owners Association, Inc. of (said) Assessment Lien being recorded on October 8, 2008 at Reception No. 20808033, in the office of the Clerk and Recorders Office of Archuleta County, Colorado (the “Assessment Lien”).
The real property which is the subject matter of this litigation, which is the property subject to the Assessment Lien, is situation in Archuleta County, and is described as follows, to-wit:
Unit Week Number 16, Unit Number 7220, Building Number 010, in “Ptarmigan Townhouses Phase III, as recorded under Reception No. 156202 subject to Declaration of Individual and/or Interval Ownership for Ptarmigan Townhouses recorded under Reception Number 153557 and amendments and supplements thereto in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.
The Plaintiff named above is the judgment creditor in this action and the lienor of the property pursuant to the Colorado Common Interest Ownership Act, Colorado revised Statutes, §33-33.3-316(2)(a), and the Plaintiff’s Property Owners Association Declaration for Ptarmigan Property Owners Association. As of March 31, 2009 the outstanding balance due and owing on such judgment is $3,653.24.
I shall offer for public sale to the highest bidder, for case, at public auction, all the right, title and interest of the defendants in said property on September 9, 2009 at 10:00 a.m. at the Archuleta County Sheriff’s Office, 449 San Juan St., Pagosa Springs, CO 81147.
NOTE: THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.
Attached hereto are copies of certain Colorado statutes that my vitally affect your property rights in relation to this proceeding. Said proceeding may result in the loss of property in which you have an interest. You may wish to seek the advice of your own private attorney concerning your rights in relation to this foreclosure proceeding.
C.R.S. §38-38-103(4)(a)(II): A notice of intent to cure filed pursuant to section 38-38-104 shall be filed with the officer at least fifteen calendar days prior to the first scheduled sale date or any date to which the sale is continued;
C.R.S. §38-38-103(4)(a)(III): A notice of intent to redeem filed pursuant to section 38-38-302 shall be filed with the officer no later than eight business days after the sale;
INTENT to cure and redeem, as provided by the aforementioned laws, must be directed to or conducted at the Office of the Sheriff for the County of Archuleta, Front Office, 449 San Juan Street, Pagosa Springs, CO 81147.
Dated at Archuleta County, Colorado, this 19th day of May, 2009.
Sheriff Sale #2009-48
/s/ Peter L. Gonzalez
Sheriff, Archuleta County, Colorado
Sale Date: September 9, 2009 at 10:00 a.m.
BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS TO COVER THEIR HIGHEST BID AT THE TIME OF THE SALE. CERTIFIED FUNDS ARE PAYABLE TO THE REGISTRY OF THE ARCHULETA COUNTY DISTRICT COURT.
Colorado Statutes attached: Colorado Revised Statutes §38-37-108, 38-38-103, 38-38-104,38-38-301,38-38-304,38-38-305, and 38-38-306.
Published May 28, June 4, 11, 18 and 25, 2009 in The Pagosa Springs SUN.
_________________________________________
DISTRICT COURT, ARCHULETA COUNTY, COLORADO
Court Address: Combined Court
449 San Juan Street
P.O. Box 148
Pagosa Springs, CO 81147
Phone Number: (970) 264-2400
Plaintiff(s):
WYNDHAM VACATION RESORTS, INC., f/k/a FAIRFIELD RESORTS, INC., f/k/a FAIRFIELD COMMUNITIES, INC., A DELAWARE CORPORATION
v.
Defendant(s):
DURAL E. BALL, SHERI J. BALL, JEFF HARMON, SARAH HARMON, RAY C. HAWORTH, CAROL J. HAWORTH, GREG HOLMWOOD, KAREN HOLMWOOD, VIRGINIA HOWELLS, ESTATE OF ANN M. IRWIN, ESTATE OF CHARLES A. JOHNSON, FRANK LEWIS, TAMMY LEWIS, WILLIAM A. MAYER, M. LYNN MAYER, VICKI MCCUTCHAN, MELVIN NOE DONA NOE, AND PAMELA SUE THOMAS
Submitting Attorney:
SHAND, NEWBOLD & CHAPMAN, P.C.
Keith Newbold
150 East 9th Street, Suite 400
P.O. Box 2790
Durango, CO 81302
Phone Number: (970) 247-3091
Fax Number: (970) 247-3100
E-Mail: knewbold@snc-law.com
Atty. Reg. No: 010629
Case Number: 2008-CV-317
SHERIFF’S COMBINED NOTICE OF SHERIFF’S SALE AND
NOTICE OF RIGHT TO CURE AND RIGHT TO REDEEM
TO WHOM IT MAY CONCERN:
This is to advise you that the above-captioned action is pending. A Judgment and Decree of Foreclosure has been entered in this action concerning Mortgages executed by the Defendants for the benefit of Wyndham Vacation Resorts, Inc., f/k/a Fairfield Resorts, Inc., f/n/a Fairfield Communities, Inc., f/n/a Fairfield Pagosa, Inc. said Mortgages being recorded as detailed below.
The real property, which is all of the property currently encumbered by the Mortgages described in said Judgment and Decree of Foreclosure, is situate in Archuleta County, Colorado, as recorded in the Office of the Clerk and Recorder of Archuleta County, Colorado, as detailed and described below.
The Defendants named below are the original grantors of the Mortgages and are in default pursuant to the terms of the Promissory Notes and the Mortgages being foreclosed. The Plaintiff named above is the judgment creditor in this action and the current owner of the evidence of debt (the judgment entered herein) secured by the property being sold; and as of March 20, 2009, the outstanding balance due and owning on such judgment is detailed below.
The name, address and telephone number of the attorneys representing the owner of the Mortgage being foreclosed is Keith Newbold; Shand, Newbold & Chapman, P.C., 150 East 9th Street, Suite 400, Durango, Colorado 81301; (970) 247-3091.
1. As to Defendants Dural E. Ball and Sheri J. Ball, the property is described as:
Unit Week Number 6, Unit Number 7226, Building Number 13, in “PHASE IV PTARMIGAN TOWNHOUSES”, according to and as located on the recorded Map thereof filed for record November 2, 1988 as Reception No. 159241 and in accordance with and as limited and defined by the Declaration of Protective Covenants and Interval Ownership recorded February 18, 1988 as Reception No. 153557, First Amendment to Declaration of Protective Covenants recorded November 2, 1988 as Reception No. 159240, Second Amendment to Declaration recorded October 3, 1990 as Reception No. 175327, Third Supplemental Declaration recorded November 2, 1988 as Reception No. 159242 and recorded November 21, 1988 as Reception No. 159517 and First Amendment to First, Second and Third Supplementals recorded October 3, 1990 as Reception No. 175326
with the Mortgage being dated December 6, 1990, and recorded on April 10, 1990 at Reception 0170604, Book 290, Page 32. The outstanding balance due and owning on such judgment is:
Original Principal: $7,000.68 Unpaid Principal: $2,784.97
Interest at 15%: $192.28 Late Fees: $2,122.44
Costs: $366.52 Attorney Fees: $1,100.00
Judgment Total: $11,542.36
2. As to Defendants Jeff Harmon and Sarah Harmon, the property is described as:
A 84,000/62,896,000 undivided fee simple absolute ownership interest in Units 1611, 1612, 1613, 1614, 1615, 1616, 1621, 1622, 1623, 1624, 1625 and 1626 in Building 16, as tenants in common with the other undivided interest owners of said building of CORRECTION PLAT - TEAL LANDING CONDOMINIUM - PHASE SIX - AS BUILT BUILDING 16, as depicted on the Plat recorded as Reception No. 20304272, subject to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20007580, First Amendment to Declaration of Condominium recorded as Reception No. 20009604, Second Amendment to Declaration recorded as Reception No. 20102923, Third Amendment to Declaration recorded as Reception No. 20104161, First Supplemental Declaration recorded as Reception No. 20105651, Second Supplemental Declaration recorded as Reception No. 20106880, First Amendment to Second Supplemental Declaration recorded as Reception No. 20110747, Third Supplemental Declaration recorded as Reception No. 20203147, Fourth Supplemental Declaration recorded as Reception No. 20204765, Fifth Supplemental Declaration recorded as Reception No. 20206614, First Amendment to Fifth Supplemental recorded December 12, 2002 as Reception No. 20211905, and any future supplemental Plats or Declarations thereto, in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado. The property described above is an Annual ownership interest as described in the Declaration and such ownership interest has been allocated 84,000 points (as defined in the Declaration of Condominium for Teal Landing Condominium) for use by the Grantee in Each year
with the Mortgage being dated June 15, 2003, and recorded on October 3, 2003 at Reception 20310194. The outstanding balance due and owning on such judgment is:
Original Principal: $9,009.15 Unpaid Principal: $5,465.17
Interest at 15%: $377.32 Late Fees: $100.00
Costs: $266.52 Attorney Fees: $1,100.00
Judgment Total: $8,690.41
3. As to Defendants Ray C. Haworth and Carol J. Haworth, the property is described as:
A 91,000/63,185,500 undivided fee simple absolute ownership interest in Units 1511, 1512, 1513, 1514, 1515, 1516, 1521, 1522, 1523, 1525 and 1526 in Building 15, as tenants in common with the other undivided interest owners of said building of TEAL LANDING CONDOMINIUM - PHASE FIVE - AS BUILT BUILDING 15, as depicted on the Plat recorded as Reception No. 20204764, subject to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20007580, First Amendment to Declaration of Condominium recorded as Reception No. 20009604, Second Amendment to Declaration recorded as Reception No. 20102923, Third Amendment to Declaration recorded as Reception No. 20104161, First Supplemental Declaration recorded as Reception No. 20105651, Second Supplemental Declaration recorded as Reception No. 20106880, First Amendment to Second Supplemental Declaration recorded as Reception No. 20110747, Third Supplemental Declaration recorded as Reception No. 20203147, Fourth Supplemental Declaration recorded as Reception No. 20204765, and any future supplemental Plats or Declarations thereto, in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado. The property described above is an Annual ownership interest as described in the Declaration and such ownership interest has been allocated 91,000 points (as defined in the Declaration of Condominium for Teal Landing Condominium) for use by the Grantee in Each year
with the Mortgage being dated October 25, 2002, and recorded on March 4, 2003 at Reception 20301958. The outstanding balance due and owning on such judgment is:
Original Principal: $9,264.15 Unpaid Principal: $6,978.64
Interest at 15%: $481.81 Late Fees: $313.60
Costs: $346.52 Attorney Fees: $1,100.00
Judgment Total: $12,998.72
4. As to Defendant Virginia Howells, the property is described as:
A 77,000/60,310,500 undivided fee simple absolute ownership interest in Units 1111, 1112, 1113, 1114, 1115, 1116, 1121, 1124, 1125 and 1126 in Building 11, as tenants in common with the other undivided interest owners of said building of Teal Landing Condominium, Phase One - As Built Building 11, as depicted on the Plat recorded as Reception No. 20102922, subject to Declaration of Condominium for Teal Landing Condominium recorded at Reception Number 20007580, First Amendment to Declaration of Condominium recorded as Reception No. 20009604, Second Amendment to Declaration recorded as Reception No. 20102923 and Third Amendment to Declaration recorded as Reception No. 20104161, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado. The property described above is an Annual ownership interest as described in the Declaration and such ownership interest has been allocated 77,000 points (as defined in the Declaration of Condominium for Teal Landing Condominium) for use by the Grantee in Each year
with the Mortgage being dated March 25, 2001, and recorded on June 20, 2001 at Reception 20105200. The outstanding balance due and owning on such judgment is:
Original Principal: $7,777.50 Unpaid Principal: $4,005.60
Interest at 15%: $276.55 Late Fees: $25.77
Costs: $285.02 Attorney Fees: $1,100.00
Judgment Total: $7,553.57
5. As to Defendants Frank Lewis and Tammy Lewis, the property is described as:
A 63,000/63,185,500 undivided fee simple absolute ownership interest in Units 1511, 1512, 1513, 1514, 1515, 1516, 1521, 1522, 1523, 1525 and 1526 in Building 15, as tenants in common with the other undivided interest owners of said building of TEAL LANDING CONDOMINIUM - PHASE FIVE - AS BUILT BUILDING 15, as depicted on the Plat recorded as Reception No. 20204764, subject to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20007580, First Amendment to Declaration of Condominium recorded as Reception No. 20009604, Second Amendment to Declaration recorded as Reception No. 20102923, Third Amendment to Declaration recorded as Reception No. 20104161, First Supplemental Declaration recorded as Reception No. 20105651, Second Supplemental Declaration recorded as Reception No. 20106880, First Amendment to Second Supplemental Declaration recorded as Reception No. 20110747, Third Supplemental Declaration recorded as Reception No. 20203147, Fourth Supplemental Declaration recorded as Reception No. 20204765, and any future supplemental Plats or Declarations thereto, in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado. The property described above is an Annual ownership interest as described in the Declaration and such ownership interest has been allocated 63,000 points (as defined in the Declaration of Condominium for Teal Landing Condominium) for use by the Grantee in Each year
with the Mortgage being dated December 19, 2002, and recorded on July 11, 2003 at Reception 20306820. The outstanding balance due and owning on such judgment is:
Original Principal: $6,714.15 Unpaid Principal: $5,884.80
Interest at 15%: $406.29 Late Fees: $332.21
Costs: $330.52 Attorney Fees: $1,100.00
Judgment Total: $11,283.17
6. As to Defendants William A. Mayer and M. Lynn Mayer, the property is described as:
A 105,000/63,185,500 undivided fee simple absolute ownership interest in Units 1311, 1312, 1313, 1314, 1315, 1316, 1321, 1322, 1323, 1325 and 1326 in Building 13, as tenants in common with the other undivided interest owners of said building of TEAL LANDING CONDOMINIUM - PHASE THREE - AS BUILT BUILDING 13, as depicted on the Plat recorded as Reception No. 20106879, subject to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20007580, First Amendment to Declaration of Condominium recorded as Reception No. 20009604, Second Amendment to Declaration recorded as Reception No. 20102923, Third Amendment to Declaration recorded as Reception No. 20104161, First Supplemental Declaration recorded as Reception No. 20105651, Second Supplemental Declaration recorded as Reception No. 20106880, First Amendment to Second Supplemental Declaration recorded as Reception No. 20110747, and any future supplemental Plats or Declarations thereto, in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado. The property described above is an Annual ownership interest as described in the Declaration and such ownership interest has been allocated 105,000 points (as defined in the Declaration of Condominium for Teal Landing Condominium) for use by the Grantee in Each year
with the Mortgage being dated November 18, 2001, and recorded on April 12, 2002 at Reception 20203241. The outstanding balance due and owning on such judgment is:
Original Principal: $10,080.00 Unpaid Principal: $5,597.71
Interest at 15%: $386.47 Late Fees: $199.14
Costs: $291.30 Attorney Fees: $1,100.00
Judgment Total: $10,098.07
7. As to Defendants Melvin Noe and Dona Noe, the property is described as:
A 154,000/62,896,000 undivided fee simple absolute ownership interest in Units 1711, 1712, 1713, 1714, 1715, 1716, 1721, 1722, 1723, 1724, 1725 and 1726 in Building 17, as tenants in common with the other undivided interest owners of said building of TEAL LANDING CONDOMINIUM - PHASE SEVEN - AS BUILT BUILDING 17, as depicted on the Plat recorded as Reception No. 20209496, subject to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20007580, First Amendment to Declaration of Condominium recorded as Reception No. 20009604, Second Amendment to Declaration recorded as Reception No. 20102923, Third Amendment to Declaration recorded as Reception No. 20104161, First Supplemental Declaration recorded as Reception No. 20105651, Second Supplemental Declaration recorded as Reception No. 20106880, First Amendment to Second Supplemental Declaration recorded as Reception No. 20110747, Third Supplemental Declaration recorded as Reception No. 20203147, Fourth Supplemental Declaration recorded as Reception No. 20204765, Fifth Supplemental Declaration recorded as Reception No. 20206614, First Amendment to Fifth Supplemental recorded December 12, 2002 as Reception No. 20211905, Sixth Supplemental Declaration recorded as Reception No. 20209497 and any future supplemental Plats or Declarations thereto, in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado. The property described above is an Annual ownership interest as described in the Declaration and such ownership interest has been allocated 154,000 points (as defined in the Declaration of Condominium for Teal Landing Condominium) for use by the Grantee in Each year
with the Mortgage being dated November 1, 2003, and recorded on January 15, 2004 at Reception 20400648. The outstanding balance due and owning on such judgment is:
Original Principal: $15,326.65 Unpaid Principal: $14,165.34
Interest at 15%: $977.99 Late Fees: $47.08
Costs: $314.52 Attorney Fees: $1,100.00
Judgment Total: $22,449.69
8. As to Defendant Pamela Sue Thomas, the property is described as:
Unit Week Number 24, Unit Number 7111, Building Number 3, in “ELK RUN TOWNHOUSES”, according to and as located on the recorded Map thereof filed for record June 26, 1986 as Reception No. 140480, and in accordance with and as limited and defined by the Declaration of Protective Covenants and Interval Ownership, recorded June 26, 1986 as Reception No. 140481, First Amendment thereto recorded August 13, 1986 under Reception No. 141512 and Second Amendment recorded December 1, 1987 as Reception No. 151976
with the Mortgage being dated July 17, 1987, and recorded on March 17, 1988 at Reception 0154319, Book N/A, Page 1. The outstanding balance due and owning on such judgment is:
Original Principal: $9,519.02 Unpaid Principal: $7,517.54
Interest at 15%: $519.02 Costs: $322.52
Attorney Fees: $1,100.00 Judgment Total: $25,245.92
NOTE: THE MORTGAGE BEING FORECLOSED MAY NOT BE A FIRST LIEN.
NOTICE OF SALE
I shall offer for public sale to the highest bidder, for cash, at public auction, all the right, title and interest of the Defendants in said property on Wednesday, July 29, 2009, at 10:00 A.M., at the Sheriff’s Office, 449 San Juan Street Pagosa Springs, Colorado.
NOTICE OF RIGHTS
Attached hereto are copies of certain Colorado statues that may vitally affect your property rights in relation to this proceeding. Said proceeding may result in the loss of property in which you have an interest and may create a personal debt against you. You may wish to seek the advice of your own private attorney concerning your rights in relation to this foreclosure proceeding.
A notice of intent to cure pursuant to §38-38-104, C.R.S., shall be filed with the officer at least fifteen calendar days prior to the first scheduled sale date or any date to which the sale is continued.
A notice of intention to redeem filed pursuant to §38-38-302, C.R.S., shall be filed with the officer no later than eight business days after the sale.
Intent to cure or redeem, as provided by the aforementioned laws, must be directed to or conducted at the Office of the Sheriff for Archuleta County, 449 San Juan Street, P.O. Box 638, Pagosa Springs, Colorado 81147.
DATED this 19th day of May, 2009 at Pagosa Springs, Colorado.
Sheriff Sale #2009-49
/s/ Peter L. Gonzalez, Sheriff,
Peter L. Gonzalez
Archuleta County, Colorado
SALE DATE: WEDNESDAY, JULY 29, 2009 AT 10:00 AM
BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS TO COVER THEIR HIGHEST BID AT THE TIME OF SALE. CERTIFIED FUNDS ARE PAYABLE TO THE REGISTRY OF THE ARCHULETA COUNTY DISTRICT COURT.
Colorado Statutes attached: §38-37-108, §38-38-103, §38-38-104, §38-38-301, §38-38-304, §38-38-305, and §38-38-306, C.R.S., as amended.
Published May 28, June 4, 11, 18 and 25, 2009 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE OF SALE AND RIGHT TO CURE AND REDEEM
FORECLOSURE NUMBER 039-2009
To whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 039-2009 was commenced on 03/27/2009 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Original Grantor(s): Rebecca K Wholf-Swanda Original Beneficiary:
Mortgage Electronic Registration Systems, Inc., as nominee for American Mortgage Network, INC , a Delaware Corporation
Current Holder of Evidence of Debt: US Bank National Association, as Trustee for Wachovia Loan Trust, Series 2006-AMN1
Date of Deed of Trust: 02/23/2006
County of Recording: Archuleta
Recording Date of Deed of Trust: 02/28/2006
Reception No.: 20602018
Original Principal Balance: $170,000.00
Outstanding Principal Balance: $169,953.07
Pursuant to C.R.S. §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
Lot 110, together with that portion of Lot 109, Pagosa in the Pines Unit Two, according to the plat thereof filed February 4, 1972 at Reception No, 75408, Archuleta County, Colorado, described as follows:
Beginning at the Northeast Corner of said Lot 109;
Thence South 13° 47’ 23” West, a distance of 10.00 feet;
Thence North 71° 02’ 14” West, a distance of 67.7 6 feet;
Thence South 79° 30’ 37’ East, a distance of 67.59 feet to the point of beginning.
LESS AND EXCEPT that portion of said Lot 110 described as follows:
Beginning at the Southwest Corner of said Lot 110;
Thence along the arc of a curve to the right with a radius of 173.24 feet, a distance of 10.00 feet;
Thence South 71° 02’ 14” East, a distance of 67.86 feet;
Thence North 79° 30’ 37” West, a distance of 67.41 feet to the point of beginning.
WHICH HAS THE ADDRESS OF: 97 Pines Drive, Pagosa Springs, CO 81147
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction at 10:00 A.M. on Thursday, 07/16/2009, at 449 San Juan St., Pagosa Springs, CO 81147 sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
First Publication: 05/21/2009
Last Publication: 06/18/2009
Name of Publication: Pagosa Springs Sun
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. §38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. §38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 3/27/2009
Betty A. Diller
Public Trustee of Archuleta County, State of Colorado
By: /s/ Debora A. Switala, Deputy Public Trustee
The name, address and telephone number of the attorney(s) representing the legal holder of the indebtedness is:
William L. Foster #38341
Caren Jacobs Castle #11790
Barbara Bader #10394
P.C. Wolf #34797
Jeremy D. Peck #36588
Cristel D. Shepherd #39351
Deanne R. Stodden #33214
Jennifer C. Rogers #34682
Katharine E. Fisher #39230
Jeffrey C. Gaston #40389
Elizabeth S. Marcus #16092
Britney Beall-Eder #64935
Lauren R. Smith #39316
Castle, Meinhold & Stawiarski LLC 999 18TH ST., #2201, Denver, CO 80202 303-865-1400
The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
Attorney file number: 09-03255
Published May 21, 28, June 4, 11 and 18, 2009 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE OF SALE AND RIGHT TO CURE AND REDEEM
FORECLOSURE NUMBER 040-2009
To whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 040-2009 was commenced on 03/25/2009 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Original Grantor(s): Robert E Duncan and Sandee J Duncan
Original Beneficiary: Wells Fargo Bank, N.A.
Current Holder of Evidence of Debt: HSBC Bank USA, National Association, as Trustee for Wells Fargo Asset Securities Corporation Home Equity Asset-Backed Certificates, Series 2006-3
Date of Deed of Trust: 10/16/2006
County of Recording: Archuleta
Recording Date of Deed of Trust: 10/16/2006
Reception No.: 20610065
Original Principal Balance: $306,000.00
Outstanding Principal Balance: $297,531.42
Pursuant to C.R.S. §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
LOT 13, LAKEVIEW ESTATES, ACCORDING TO THE PLAT THEREOF FILED APRIL 30, 1979, AS RECEPTION NO. 94868, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.
WHICH HAS THE ADDRESS OF: 709 North Pagosa Boulevard, Pagosa Springs, CO 81147
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction at 10:00 A.M. on Thursday, 07/16/2009, at 449 San Juan St., Pagosa Springs, CO 81147 sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
First Publication: 05/21/2009
Last Publication: 06/18/2009
Name of Publication: Pagosa Springs Sun
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. §38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. §38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 3/27/2009
Betty A. Diller
Public Trustee of Archuleta County, State of Colorado
By: /s/ Debora A. Switala, Deputy Public Trustee
The name, address and telephone number of the attorney(s) representing the legal holder of the indebtedness is:
William L. Foster #38341
Caren Jacobs Castle #11790
Barbara Bader #10394
P.C. Wolf #34797
Jeremy D. Peck #36588
Cristel D. Shepherd #39351
Deanne R. Stodden #33214
Jennifer C. Rogers #34682
Katharine E. Fisher #39230
Jeffrey C. Gaston #40389
Elizabeth S. Marcus #16092
Britney Beall-Eder #64935
Lauren R. Smith #39316
Castle, Meinhold & Stawiarski LLC 999 18TH ST., #2201, Denver, CO 80202 303-865-1400
The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
Attorney file number: 09-05613
Published May 21, 28, June 4, 11 and 18, 2009 in The Pagosa Springs SUN.
_________________________________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Elk Run Property Owners Association, Inc.
v.
Defendant(s):
(1) BancCapital Mortgage Group
(2) 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
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number 2008CV207
NOTICES OF:
(1) LEVY AND RECORDING;
(2) RIGHT TO CLAIM EXEMPTION;
(3) RIGHT TO CURE AND/OR REDEEM;
(4) ELECTION OF SALE;
(5) SALE; AND
(6) GOVERNMENTAL CLAIMS
YOU ARE NOTIFIED THAT:
All words and phrases which have the first letters thereof capitalized are defined on the attached Identifying Data of Legal Documents Upon Which foreclosure Is Based. The undersigned attorney certifies that to the best of his knowledge, the Judgment Debtor(s) and Current Owner(s) names and addresses are correct.
This proceeding for a Sheriff’s Sale (See Sheriff’s Identifying No. on attached Identifying Data, etc.) has been commenced in the office of the Sheriff of this County to foreclose the lien of the Mortgage, Deed of Trust and/or Judgment.
1. LEVY AND RECORDING: Judgment has been entered and a Writ of Execution has been issued by the above Court to the undersigned Sheriff to levy upon the Real Estate to be Sold, which is owed or was formerly owned by the Judgment Debtor(s), and to which the lien of the Lien Documents attached. Pursuant thereto, the undersigned Sheriff has levied upon or will levy upon the Real Estate to be Sold by recording these Notices in the appropriate real estate records.
2. RIGHT TO CLAIM EXEMPTION AND/OR ENJOIN: Within ten (10) days of the date of service hereof of the Judgment Debtor(s) and Current Owner(s), any one or more of them has a right to file with the Clerk of the above Court a written claim of exemption in the above case, which he, she or it may have by the laws of this State. At any time before this sale, Judgment Debtor(s), Current Owner(s), and other Interested Parties may have a right to enjoin this sale, if permitted by law. Failure to pursue these rights may be deemed a waiver thereof. The filing of a frivolous, groundless or vexatious lawsuit may result in attorney’s fees being assessed against you.
3. CURE AND/OR REDEMPTION RIGHTS: Pursuant to the laws of this State, you may have an interest in the Real Estate to be sold or have certain rights or suffer certain liabilities as a result of this Sheriff’s sale. You may have the right to cure a default under the judgment, or you may have a right to redeem the Real Estate to be Sold. A copy of said statutes, as such statutes are presently constituted, is attached to the copies hereof which are recorded, mailed and served.
The lien of the Lien Documents may not be a first lien.
A Notice of Intent to Cure filed pursuant to CRS 38-38-104 shall be filed with the Sheriff at least 15 calendar days prior to the first scheduled sale date or any date to which the sale is continued.
A Notice of Intent to Redeem filed pursuant to Section 38-38-302 shall be filed with the Sheriff no later than 8 business days after the sale.
4. ELECTION TO SELL: The Holder of the Judgment intends to have the Real Estate to be Sold by the undersigned Sheriff to partially or fully pay the lien of the Lien Documents. The effect of said sale will be to deprive all persons who claim an interest in the Real Estate of any right thereto, except as provided by law.
5. SALE: The Real Estate to be Sold, will be sold at public auction without warranties or guarantees at the following date, time and place:
Date of Sale: July 8, 2009
Place of Sale: Archuleta County Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO 81147
Time of Sale: 10:00 a.m.
6. GOVERNMENTAL CLAIMS: To the copies of these Notices which are recorded, mailed, and served, there are attached copies of the written recorded claim of any governmental agency against the Real Estate and the independent notices which the law requires to be mailed to any such governmental agency to terminate their rights to the Real Estate.
Dated: April 7, 2009.
Kleinsmith & Associates, P.C.
Attorney for Holder of Judgment
Colorado Attorney Registration No. 1063
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417 or (719) 593-1970
/s/ Philip M. Kleinsmith
Sheriff of the Above County
/s/ Peter L. Gonzalez
Address: 449 San Juan Street
Pagosa Springs, CO 81147
Identifying Data of Legal Documents1
Upon Which Foreclosure is Based
Type of Sale (Trustee, Sheriff, Special Master) Sheriff’s Sale #2009-52
and That Person’s Identifying No., (if applicable: Type of Documents Being Foreclosed (Mortgage, Deed of Trust2, Judgment or Other Lien Instrument):Judgment Default(s) Causing Foreclosure: Failure to Pay Judgment
Projected Amounts Owed As of Foreclosure Sale Date: Principal: $ 3,085.00
Interest $ 1,544.05 Costs (estimated): $ 2,500.00 Attorneys Fees (estimated):
$ 875.00 Total (estimated) $ 8,004.05
Real Estate3 to be Sold: Common Description: Unit Week Number 21, Unit Number 7115, Building Number 4, Elk Run Townhouses, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 21, Unit Number 7115, Building Number 4 in “ELK RUN TOWNHOUSES”, according to and as located on the recorded Map recorded thereof filed for record June 26, 1986 as Reception No. 140480, and in accordance with and as limited and defined by the Declaration of Protective Covenants and Interval Ownership recorded June 26, 1986 as Reception No. 140481, First Amendment thereto recorded August 13, 1986 under Reception No. 141512 and Second Amendment recorded December 1, 1987 as Reception No. 151976, Archuleta County, Colorado.
Lien Documents: That is the Identifying Data of Legal Documents1 Being Foreclosed Per Real Estate Records of County Stated in Legal Description:
Mortgage or Deed of Trust: Dated: N/A Judgment: Dated: 02/19/2009
Case No.: 2008CV207 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 03/04/2009
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data : N/A
Original Principal Amount: $3,085.00
Original Trustee: N/A
Original Holder4 of Lien Documents: Name: Elk Run Property Owners Assoc., Inc.
Address: c/o Foreclosure Management Company 10975 El Monte, Suite 220 Overland Park, KS 66211
Present Holder of Lien Documents: Name: Elk Run Property Owners Assoc., Inc.
Address: c/o Foreclosure Management Company 10975 El Monte, Suite 220 Overland Park, KS 66211
Original Liable Parties5 on Lien Documents: Name(s): BancCapital Mortgage Group
Address: 2200 Airport Freeway, Suite 520 Bedford, TX 76022 BancCapital Mortgage Group P.O. Box 755 Prosper, TX 75078
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): BancCapital Mortgage Group
Address: 2200 Airport Freeway, Suite 520 Bedford, TX 76022 BancCapital Mortgage Group P.O. Box 755 Prosper, TX 75078
1Mortgage, Deed of Trust, Judgment, or other Lien Instrument.
2Sometimes called “Trust Indenture”.
3Sometimes called “Mortgaged Property”, “Trust Property”, or “Property”.
4Sometimes called “Mortgagee”, “Beneficiary”, “Judgment Creditor”, or “Creditor”.
5Sometimes called “Mortgagors”, “Grantors”, “Judgment Debtors”, or “Debtors”.
Published May 21, 28, June 4, 11 and 18, 2009 in The Pagosa Springs SUN.
_________________________________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Elk Run Property Owners Association, Inc.
v.
Defendant(s):
(1) Warren Wiggs
(2) Wendy Wiggs-Huffman
(3) W. N. Wiggs
(4) Bonnie V. Wiggs
(5) Fairfield Communities, Inc., a Delaware
Corporation
(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
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number 2008CV325
NOTICES OF:
(1) LEVY AND RECORDING;
(2) RIGHT TO CLAIM EXEMPTION;
(3) RIGHT TO CURE AND/OR REDEEM;
(4) ELECTION OF SALE;
(5) SALE; AND
(6) GOVERNMENTAL CLAIMS
YOU ARE NOTIFIED THAT:
All words and phrases which have the first letters thereof capitalized are defined on the attached Identifying Data of Legal Documents Upon Which foreclosure Is Based. The undersigned attorney certifies that to the best of his knowledge, the Judgment Debtor(s) and Current Owner(s) names and addresses are correct.
This proceeding for a Sheriff’s Sale (See Sheriff’s Identifying No. on attached Identifying Data, etc.) has been commenced in the office of the Sheriff of this County to foreclose the lien of the Mortgage, Deed of Trust and/or Judgment.
1. LEVY AND RECORDING: Judgment has been entered and a Writ of Execution has been issued by the above Court to the undersigned Sheriff to levy upon the Real Estate to be Sold, which is owed or was formerly owned by the Judgment Debtor(s), and to which the lien of the Lien Documents attached. Pursuant thereto, the undersigned Sheriff has levied upon or will levy upon the Real Estate to be Sold by recording these Notices in the appropriate real estate records.
2. RIGHT TO CLAIM EXEMPTION AND/OR ENJOIN: Within ten (10) days of the date of service hereof of the Judgment Debtor(s) and Current Owner(s), any one or more of them has a right to file with the Clerk of the above Court a written claim of exemption in the above case, which he, she or it may have by the laws of this State. At any time before this sale, Judgment Debtor(s), Current Owner(s), and other Interested Parties may have a right to enjoin this sale, if permitted by law. Failure to pursue these rights may be deemed a waiver thereof. The filing of a frivolous, groundless or vexatious lawsuit may result in attorney’s fees being assessed against you.
3. CURE AND/OR REDEMPTION RIGHTS: Pursuant to the laws of this State, you may have an interest in the Real Estate to be sold or have certain rights or suffer certain liabilities as a result of this Sheriff’s sale. You may have the right to cure a default under the judgment, or you may have a right to redeem the Real Estate to be Sold. A copy of said statutes, as such statutes are presently constituted, is attached to the copies hereof which are recorded, mailed and served.
The lien of the Lien Documents may not be a first lien.
A Notice of Intent to Cure filed pursuant to CRS 38-38-104 shall be filed with the Sheriff at least 15 calendar days prior to the first scheduled sale date or any date to which the sale is continued.
A Notice of Intent to Redeem filed pursuant to Section 38-38-302 shall be filed with the Sheriff no later than 8 business days after the sale.
4. ELECTION TO SELL: The Holder of the Judgment intends to have the Real Estate to be Sold by the undersigned Sheriff to partially or fully pay the lien of the Lien Documents. The effect of said sale will be to deprive all persons who claim an interest in the Real Estate of any right thereto, except as provided by law.
5. SALE: The Real Estate to be Sold, will be sold at public auction without warranties or guarantees at the following date, time and place:
Date of Sale: August 12, 2009
Place of Sale: Archuleta County Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO 81147
Time of Sale: 10:00 a.m.
6. GOVERNMENTAL CLAIMS: To the copies of these Notices which are recorded, mailed, and served, there are attached copies of the written recorded claim of any governmental agency against the Real Estate and the independent notices which the law requires to be mailed to any such governmental agency to terminate their rights to the Real Estate.
Dated: May 12, 2009.
Kleinsmith & Associates, P.C.
Attorney for Holder of Judgment
Colorado Attorney Registration No. 1063
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417 or (719) 593-1970
/s/ Philip M. Kleinsmith
Sheriff of the Above County
/s/ Peter L. Gonzalez
Address: 449 San Juan Street
Pagosa Springs, CO 81147
Identifying Data of Legal Documents1
Upon Which Foreclosure is Based
Type of Sale (Trustee, Sheriff, Special Master) Sheriff’s Sale #2009-45
and That Person’s Identifying No., (if applicable Type of Documents Being Foreclosed (Mortgage, Deed of Trust2, Judgment or Other Lien Instrument):Judgment Default(s) Causing Foreclosure: Failure to Pay Judgment
Projected Amounts Owed As of Foreclosure Sale Date: Principal: $1,595.00
Interest $875.35 Costs (estimated): $ 2,500.00 Attorneys Fees (estimated):
$875.00 Total (estimated) $5845.35
Real Estate3 to be Sold:
Common Description:Unit Week Number 38, Unit Number 7116, Building Number 4, Elk Run Townhouses, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 38, Unit Number 7116, Building Number 4 in “ELK RUN TOWNHOUSES”, according to and as located on the recorded Map recorded thereof filed for record June 26, 1986 as Reception No. 140480, and in accordance with and as limited and defined by the Declaration of Protective Covenants and Interval Ownership recorded June 26, 1986 as Reception No. 140481, First Amendment thereto recorded August 13, 1986 under Reception No. 141512 and Second Amendment recorded December 1, 1987 as Reception No. 151976, Archuleta County, Colorado.
Lien Documents: That is the Identifying Data of Legal Documents1 Being Foreclosed Per Real Estate Records of County Stated in Legal Description:
Mortgage or Deed of Trust: Dated: N/A
Judgment: Dated: 03/23/2009 Case No.: 2008CV325 Court: Archuleta County District Court
Transcript of Judgment:Dated : N/A
Writ of Execution: Dated: 04/14/2009
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data : N/A
Original Principal Amount: $1,595.00
Original Trustee: N/A
Original Holder4 of Lien Documents: Name: Elk Run Property Owners Assoc., Inc. Address: c/o Foreclosure Management Company 10975 El Monte, Ste 220
Overland Park, KS 66211
Present Holder of Lien Documents: Name: Elk Run Property Owners Assoc., Inc. Address: c/o Foreclosure Management Company 10975 El Monte, Ste 220 Overland Park, KS 66211
Original Liable Parties5 on Lien Documents: Name(s): Warren Wiggs, Wendy Wiggs Address: 2002 Clearview Cir., Benicia, CA 94510, P.O. Box 294, Burneyville, OK 73430, 1230 Craig Dr., Concord, CA 94518
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): Warren Wiggs, Wendy Wiggs,
Address: 2002 Clearview Cir., Benicia, CA 94510, P.O. Box 294, Burneyville, OK 73430, 1230 Craig Dr., Concord, CA 94518
1Mortgage, Deed of Trust, Judgment, or other Lien Instrument.
2Sometimes called “Trust Indenture”.
3Sometimes called “Mortgaged Property”, “Trust Property”, or “Property”.
4Sometimes called “Mortgagee”, “Beneficiary”, “Judgment Creditor”, or “Creditor”.
5Sometimes called “Mortgagors”, “Grantors”, “Judgment Debtors”, or “Debtors”.
Published May 21, 28, June 4, 11 and 18, 2009 in The Pagosa Springs SUN.
_________________________________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Masters Place Condominiums Property Owners Association, Inc.
v.
Defendant(s):
(1) Robert Eversmeyer
(2) 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
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number 2008CV288
NOTICES OF:
(1) LEVY AND RECORDING;
(2) RIGHT TO CLAIM EXEMPTION;
(3) RIGHT TO CURE AND/OR REDEEM;
(4) ELECTION OF SALE;
(5) SALE; AND
(6) GOVERNMENTAL CLAIMS
YOU ARE NOTIFIED THAT:
All words and phrases which have the first letters thereof capitalized are defined on the attached Identifying Data of Legal Documents Upon Which foreclosure Is Based. The undersigned attorney certifies that to the best of his knowledge, the Judgment Debtor(s) and Current Owner(s) names and addresses are correct.
This proceeding for a Sheriff’s Sale (See Sheriff’s Identifying No. on attached Identifying Data, etc.) has been commenced in the office of the Sheriff of this County to foreclose the lien of the Mortgage, Deed of Trust and/or Judgment.
1. LEVY AND RECORDING: Judgment has been entered and a Writ of Execution has been issued by the above Court to the undersigned Sheriff to levy upon the Real Estate to be Sold, which is owed or was formerly owned by the Judgment Debtor(s), and to which the lien of the Lien Documents attached. Pursuant thereto, the undersigned Sheriff has levied upon or will levy upon the Real Estate to be Sold by recording these Notices in the appropriate real estate records.
2. RIGHT TO CLAIM EXEMPTION AND/OR ENJOIN: Within ten (10) days of the date of service hereof of the Judgment Debtor(s) and Current Owner(s), any one or more of them has a right to file with the Clerk of the above Court a written claim of exemption in the above case, which he, she or it may have by the laws of this State. At any time before this sale, Judgment Debtor(s), Current Owner(s), and other Interested Parties may have a right to enjoin this sale, if permitted by law. Failure to pursue these rights may be deemed a waiver thereof. The filing of a frivolous, groundless or vexatious lawsuit may result in attorney’s fees being assessed against you.
3. CURE AND/OR REDEMPTION RIGHTS: Pursuant to the laws of this State, you may have an interest in the Real Estate to be sold or have certain rights or suffer certain liabilities as a result of this Sheriff’s sale. You may have the right to cure a default under the judgment, or you may have a right to redeem the Real Estate to be Sold. A copy of said statutes, as such statutes are presently constituted, is attached to the copies hereof which are recorded, mailed and served.
The lien of the Lien Documents may not be a first lien.
A Notice of Intent to Cure filed pursuant to CRS 38-38-104 shall be filed with the Sheriff at least 15 calendar days prior to the first scheduled sale date or any date to which the sale is continued.
A Notice of Intent to Redeem filed pursuant to Section 38-38-302 shall be filed with the Sheriff no later than 8 business days after the sale.
4. ELECTION TO SELL: The Holder of the Judgment intends to have the Real Estate to be Sold by the undersigned Sheriff to partially or fully pay the lien of the Lien Documents. The effect of said sale will be to deprive all persons who claim an interest in the Real Estate of any right thereto, except as provided by law.
5. SALE: The Real Estate to be Sold, will be sold at public auction without warranties or guarantees at the following date, time and place:
Date of Sale: July 8, 2009
Place of Sale: Archuleta County Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO 81147
Time of Sale: 10:00 a.m.
6. GOVERNMENTAL CLAIMS: To the copies of these Notices which are recorded, mailed, and served, there are attached copies of the written recorded claim of any governmental agency against the Real Estate and the independent notices which the law requires to be mailed to any such governmental agency to terminate their rights to the Real Estate.
Dated: April 7, 2009.
Kleinsmith & Associates, P.C.
Attorney for Holder of Judgment
Colorado Attorney Registration No. 1063
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417 or (719) 593-1970
/s/ Philip M. Kleinsmith
Sheriff of the Above County
/s/ Peter L. Gonzalez
Address: 449 San Juan Street
Pagosa Springs, CO 81147
Identifying Data of Legal Documents1
Upon Which Foreclosure is Based
Type of Sale (Trustee, Sheriff, Special Master) Sheriff’s Sale #2009-53
and That Person’s Identifying No., (if applicable: Type of Documents Being Foreclosed (Mortgage, Deed of Trust2, Judgment or Other Lien Instrument):Judgment Default(s) Causing Foreclosure: Failure to Pay Judgment Projected Amounts Owed As of Foreclosure Sale Date: Principal: $ 4,578.00
Interest $ 2,330.82 Costs (estimated): $ 2,500.00 Attorneys Fees (estimated):
$875.00 Total (estimated)$10,283.82
Real Estate3 to be Sold: Common Description: Unit Week Number 37, Condominium Unit Number 7311, Building Number 2C of Masters Place Condominiums Phase I, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Numbers 37, Condominium Unit Number 7311, Building Number 2C of Masters Place Condominiums Phase I, according to the Condominium Map recorded under Reception Number 161539, and the Declaration for Masters Place Condominiums recorded under Reception Number 0161911, and amendments and supplements thereto in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.
Lien Documents: That is the Identifying Data of Legal Documents1 Being Foreclosed Per Real Estate Records of County Stated in Legal Description:
Mortgage or Deed of Trust: Dated: N/A
Judgment: Dated:02/20/2009 Case No.: 2008CV288 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 03/04/2009
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $4,578.00
Original Trustee: N/A
Original Holder4 of Lien Documents: Name: Masters Place Condominiums Property Owners Association, Inc. Address: c/o Foreclosure Management Company
10975 El Monte, Suite 220 Overland Park, KS 66211
Present Holder of Lien Documents: Name: Masters Place Condominiums Property Owners Association, Inc. Address: c/o Foreclosure Management Company
10975 El Monte, Suite 220 Overland Park, KS 66211
Original Liable Parties5 on Lien Documents: Name(s): Robert Eversmeyer
Address: 3209 NE Shelter Creek Lawton, OK 73507 Robert Eversmeyer 305 W Gore Blvd Apt 4 Lawton, OK 73501
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): Robert Eversmeyer Address: 3209 NE Shelter Creek Dr Lawton, OK 73501 Robert Eversmeyer 305 W Gore Blvd Apt 4
Lawton, OK 73501
1Mortgage, Deed of Trust, Judgment, or other Lien Instrument.
2Sometimes called “Trust Indenture”.
3Sometimes called “Mortgaged Property”, “Trust Property”, or “Property”.
4Sometimes called “Mortgagee”, “Beneficiary”, “Judgment Creditor”, or “Creditor”.
5Sometimes called “Mortgagors”, “Grantors”, “Judgment Debtors”, or “Debtors”.
Published May 21, 28, June 4, 11 and 18, 2009 in The Pagosa Springs SUN.
_________________________________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Masters Place Condominiums Property Owners Association, Inc.
v.
Defendant(s):
(1) Alfred Victorino
(2) 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
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number 2008CV286
NOTICES OF:
(1) LEVY AND RECORDING;
(2) RIGHT TO CLAIM EXEMPTION;
(3) RIGHT TO CURE AND/OR REDEEM;
(4) ELECTION OF SALE;
(5) SALE; AND
(6) GOVERNMENTAL CLAIMS
YOU ARE NOTIFIED THAT:
All words and phrases which have the first letters thereof capitalized are defined on the attached Identifying Data of Legal Documents Upon Which foreclosure Is Based. The undersigned attorney certifies that to the best of his knowledge, the Judgment Debtor(s) and Current Owner(s) names and addresses are correct.
This proceeding for a Sheriff’s Sale (See Sheriff’s Identifying No. on attached Identifying Data, etc.) has been commenced in the office of the Sheriff of this County to foreclose the lien of the Mortgage, Deed of Trust and/or Judgment.
1. LEVY AND RECORDING: Judgment has been entered and a Writ of Execution has been issued by the above Court to the undersigned Sheriff to levy upon the Real Estate to be Sold, which is owed or was formerly owned by the Judgment Debtor(s), and to which the lien of the Lien Documents attached. Pursuant thereto, the undersigned Sheriff has levied upon or will levy upon the Real Estate to be Sold by recording these Notices in the appropriate real estate records.
2. RIGHT TO CLAIM EXEMPTION AND/OR ENJOIN: Within ten (10) days of the date of service hereof of the Judgment Debtor(s) and Current Owner(s), any one or more of them has a right to file with the Clerk of the above Court a written claim of exemption in the above case, which he, she or it may have by the laws of this State. At any time before this sale, Judgment Debtor(s), Current Owner(s), and other Interested Parties may have a right to enjoin this sale, if permitted by law. Failure to pursue these rights may be deemed a waiver thereof. The filing of a frivolous, groundless or vexatious lawsuit may result in attorney’s fees being assessed against you.
3. CURE AND/OR REDEMPTION RIGHTS: Pursuant to the laws of this State, you may have an interest in the Real Estate to be sold or have certain rights or suffer certain liabilities as a result of this Sheriff’s sale. You may have the right to cure a default under the judgment, or you may have a right to redeem the Real Estate to be Sold. A copy of said statutes, as such statutes are presently constituted, is attached to the copies hereof which are recorded, mailed and served.
The lien of the Lien Documents may not be a first lien.
A Notice of Intent to Cure filed pursuant to CRS 38-38-104 shall be filed with the Sheriff at least 15 calendar days prior to the first scheduled sale date or any date to which the sale is continued.
A Notice of Intent to Redeem filed pursuant to Section 38-38-302 shall be filed with the Sheriff no later than 8 business days after the sale.
4. ELECTION TO SELL: The Holder of the Judgment intends to have the Real Estate to be Sold by the undersigned Sheriff to partially or fully pay the lien of the Lien Documents. The effect of said sale will be to deprive all persons who claim an interest in the Real Estate of any right thereto, except as provided by law.
5. SALE: The Real Estate to be Sold, will be sold at public auction without warranties or guarantees at the following date, time and place:
Date of Sale: July 8, 2009
Place of Sale: Archuleta County Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO 81147
Time of Sale: 10:00 a.m.
6. GOVERNMENTAL CLAIMS: To the copies of these Notices which are recorded, mailed, and served, there are attached copies of the written recorded claim of any governmental agency against the Real Estate and the independent notices which the law requires to be mailed to any such governmental agency to terminate their rights to the Real Estate.
Dated: April 7, 2009.
Kleinsmith & Associates, P.C.
Attorney for Holder of Judgment
Colorado Attorney Registration No. 1063
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417 or (719) 593-1970
/s/ Philip M. Kleinsmith
Sheriff of the Above County
/s/ Peter L. Gonzalez
Address: 449 San Juan Street
Pagosa Springs, CO 81147
Identifying Data of Legal Documents1
Upon Which Foreclosure is Based
Type of Sale (Trustee, Sheriff, Special Master) Sheriff’s Sale #2009-55
and That Person’s Identifying No., (if applicable: Type of Documents Being Foreclosed (Mortgage, Deed of Trust2, Judgment or Other Lien Instrument):Judgment Default(s) Causing Foreclosure: Failure to Pay Judgment
Projected Amounts Owed As of Foreclosure Sale Date: Principal: $ 4,953.58
Interest $ 2,522.39 Costs (estimated): $ 2,500.00 Attorneys Fees (estimated):
$875.00 Total (estimated)$10,850.97
Real Estate3 to be Sold: Common Description: Unit Week Number 23, Condominium Unit Number 7306, Building Number 1C of Masters Place Condominiums Phase II, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Numbers 23, Condominium Unit Number 7306, Building Number 1C of Masters Place Condominiums Phase II, according to the Condominium Map recorded under Reception Number 177633, and the Declaration for Masters Place Condominiums recorded under Reception Number 0161911, and amendments and supplements thereto in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.
Lien Documents: That is the Identifying Data of Legal Documents1 Being Foreclosed Per Real Estate Records of County Stated in Legal Description:
Mortgage or Deed of Trust: Dated: N/A
Judgment: Dated: 02/19/2009 Case No.: 2008CV286 Court: Archuleta County District Court Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 03/04/2009
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $4,953.58
Original Trustee: N/A
Original Holder4 of Lien Documents: Name: Masters Place Condominiums Property Owners Assoc., Inc. Address: c/o Foreclosure Management Company
10975 El Monte, Suite 220 Overland Park, KS 66211
Present Holder of Lien Documents: Name: Masters Place Condominiums Property Owners Assoc., Inc. Address: c/o Foreclosure Management Company
10975 El Monte, Suite 220 Overland Park, KS 66211
Original Liable Parties5 on Lien Documents: Name(s): Alfred Victorino
Address: House #31 Sema Village New Laguna, NM 87038 Alfred Victorino
P.O. Box 2855 Milan, NM 87021
Judgment Debtor(s): Name(s): N/A - In Rem Only Address:N/A
Current Owner(s) of Real Estate: Name(s): Alfred Victorino Address: House #31 Sema Village New Laguna, NM 87038 Alfred Victorino P.O. Box 2855 Milan, NM 87021
1Mortgage, Deed of Trust, Judgment, or other Lien Instrument.
2Sometimes called “Trust Indenture”.
3Sometimes called “Mortgaged Property”, “Trust Property”, or “Property”.
4Sometimes called “Mortgagee”, “Beneficiary”, “Judgment Creditor”, or “Creditor”.
5Sometimes called “Mortgagors”, “Grantors”, “Judgment Debtors”, or “Debtors”.
Published May 21, 28, June 4, 11 and 18, 2009 in The Pagosa Springs SUN.
_________________________________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Ptarmigan Property Owners Association, Inc.
v.
Defendant(s):
(1) Robert P. Lovato
(2) 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
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number 2008CV186
NOTICES OF:
(1) LEVY AND RECORDING;
(2) RIGHT TO CLAIM EXEMPTION;
(3) RIGHT TO CURE AND/OR REDEEM;
(4) ELECTION OF SALE;
(5) SALE; AND
(6) GOVERNMENTAL CLAIMS
YOU ARE NOTIFIED THAT:
All words and phrases which have the first letters thereof capitalized are defined on the attached Identifying Data of Legal Documents Upon Which foreclosure Is Based. The undersigned attorney certifies that to the best of his knowledge, the Judgment Debtor(s) and Current Owner(s) names and addresses are correct.
This proceeding for a Sheriff’s Sale (See Sheriff’s Identifying No. on attached Identifying Data, etc.) has been commenced in the office of the Sheriff of this County to foreclose the lien of the Mortgage, Deed of Trust and/or Judgment.
1. LEVY AND RECORDING: Judgment has been entered and a Writ of Execution has been issued by the above Court to the undersigned Sheriff to levy upon the Real Estate to be Sold, which is owed or was formerly owned by the Judgment Debtor(s), and to which the lien of the Lien Documents attached. Pursuant thereto, the undersigned Sheriff has levied upon or will levy upon the Real Estate to be Sold by recording these Notices in the appropriate real estate records.
2. RIGHT TO CLAIM EXEMPTION AND/OR ENJOIN: Within ten (10) days of the date of service hereof of the Judgment Debtor(s) and Current Owner(s), any one or more of them has a right to file with the Clerk of the above Court a written claim of exemption in the above case, which he, she or it may have by the laws of this State. At any time before this sale, Judgment Debtor(s), Current Owner(s), and other Interested Parties may have a right to enjoin this sale, if permitted by law. Failure to pursue these rights may be deemed a waiver thereof. The filing of a frivolous, groundless or vexatious lawsuit may result in attorney’s fees being assessed against you.
3. CURE AND/OR REDEMPTION RIGHTS: Pursuant to the laws of this State, you may have an interest in the Real Estate to be sold or have certain rights or suffer certain liabilities as a result of this Sheriff’s sale. You may have the right to cure a default under the judgment, or you may have a right to redeem the Real Estate to be Sold. A copy of said statutes, as such statutes are presently constituted, is attached to the copies hereof which are recorded, mailed and served.
The lien of the Lien Documents may not be a first lien.
A Notice of Intent to Cure filed pursuant to CRS 38-38-104 shall be filed with the Sheriff at least 15 calendar days prior to the first scheduled sale date or any date to which the sale is continued.
A Notice of Intent to Redeem filed pursuant to Section 38-38-302 shall be filed with the Sheriff no later than 8 business days after the sale.
4. ELECTION TO SELL: The Holder of the Judgment intends to have the Real Estate to be Sold by the undersigned Sheriff to partially or fully pay the lien of the Lien Documents. The effect of said sale will be to deprive all persons who claim an interest in the Real Estate of any right thereto, except as provided by law.
5. SALE: The Real Estate to be Sold, will be sold at public auction without warranties or guarantees at the following date, time and place:
Date of Sale: August 12, 2009
Place of Sale: Archuleta County Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO 81147
Time of Sale: 10:00 a.m.
6. GOVERNMENTAL CLAIMS: To the copies of these Notices which are recorded, mailed, and served, there are attached copies of the written recorded claim of any governmental agency against the Real Estate and the independent notices which the law requires to be mailed to any such governmental agency to terminate their rights to the Real Estate.
Dated: May 12, 2009.
Kleinsmith & Associates, P.C.
Attorney for Holder of Judgment
Colorado Attorney Registration No. 1063
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417 or (719) 593-1970
/s/ Philip M. Kleinsmith
Sheriff of the Above County
/s/ Peter L. Gonzalez
Address: 449 San Juan Street
Pagosa Springs, CO 81147
Identifying Data of Legal Documents1
Upon Which Foreclosure is Based
Type of Sale (Trustee, Sheriff, Special Master Sheriff’s Sale #2009-44
and That Person’s Identifying No., (if applicable: Type of Documents Being Foreclosed (Mortgage, Deed of Trust2, Judgment or Other Lien Instrument):Judgment default(s) Causing Foreclosure: Failure to Pay Judgment
Projected Amounts Owed As of Foreclosure Sale Date:Principal: $ 5,934.49
Interest $ 3,256.12 Costs (estimated): $ 2,500.00 Attorneys Fees (estimated):
$875.00 Total (estimated) $12,565.61
Real Estate3 to be Sold:
Common Description: Unit Week Number 7, Unit Number 7214, Building Number 7B in “PTARMIGAN TOWNHOUSES”, Archuleta County, Colorado.
Assessor’s Tax Parcel No: Unknown
Legal Description: Unit Week Number 7, Unit Number 7214, Building Number 7B in “PTARMIGAN TOWNHOUSES”, as recorded under Reception No. 153256, subject to Declaration of Individual and/or Interval Ownership for Ptarmigan Townhouses recorded under Reception No. 153557, and amendments and supplements thereto, in the Office of the County Clerk and Recorded in and for Archuleta County, Colorado.
Lien Documents: That is the Identifying Data of Legal Documents1 Being Foreclosed Per Real Estate Records of County Stated in Legal Description:
Mortgage or Deed of Trust: Dated: N/A
Judgment: Dated: 03/20/2009
Case No.: 2008CV186 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 04/14/2009
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $5,934.49
Original Trustee: N/A
Original Holder4 of Lien Documents: Name: Ptarmigan Property Owners Assoc., Inc. Address: c/o Foreclosure Management Company 10975 El Monte, Ste 220
Overland Park, KS 66211
Present Holder of Lien Documents: Name: Ptarmigan Property Owners Assoc.,Inc. Address : c/o Foreclosure Management Company 10975 El Monte, Ste 220 Overland Park, KS 66211
Original Liable Parties5 on Lien Documents: Name(s): Robert P. Lovato
Address: P.O. Box 9, Moab, UT 84532, 3431 Rimrock, Moab, UT 84532, 11037 S. Highway 191, Moab, UT 84532
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): Robert P. Lovato
Address: P.O. Box 9, Moab, UT 84532, 3431 Rimrock, Moab, UT 84532, 11037 S. Highway 191, Moab, UT 84532
1Mortgage, Deed of Trust, Judgment, or other Lien Instrument.
2Sometimes called “Trust Indenture”.
3Sometimes called “Mortgaged Property”, “Trust Property”, or “Property”.
4Sometimes called “Mortgagee”, “Beneficiary”, “Judgment Creditor”, or “Creditor”.
5Sometimes called “Mortgagors”, “Grantors”, “Judgment Debtors”, or “Debtors”.
Published May 21, 28, June 4, 11 and 18, 2009 in The Pagosa Springs SUN.
_________________________________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Ptarmigan Property Owners Association, Inc.
v.
Defendant(s):
(1) Linda Lucero
(2) 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
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number 2008CV291
NOTICES OF:
(1) LEVY AND RECORDING;
(2) RIGHT TO CLAIM EXEMPTION;
(3) RIGHT TO CURE AND/OR REDEEM;
(4) ELECTION OF SALE;
(5) SALE; AND
(6) GOVERNMENTAL CLAIMS
YOU ARE NOTIFIED THAT:
All words and phrases which have the first letters thereof capitalized are defined on the attached Identifying Data of Legal Documents Upon Which foreclosure Is Based. The undersigned attorney certifies that to the best of his knowledge, the Judgment Debtor(s) and Current Owner(s) names and addresses are correct.
This proceeding for a Sheriff’s Sale (See Sheriff’s Identifying No. on attached Identifying Data, etc.) has been commenced in the office of the Sheriff of this County to foreclose the lien of the Mortgage, Deed of Trust and/or Judgment.
1. LEVY AND RECORDING: Judgment has been entered and a Writ of Execution has been issued by the above Court to the undersigned Sheriff to levy upon the Real Estate to be Sold, which is owed or was formerly owned by the Judgment Debtor(s), and to which the lien of the Lien Documents attached. Pursuant thereto, the undersigned Sheriff has levied upon or will levy upon the Real Estate to be Sold by recording these Notices in the appropriate real estate records.
2. RIGHT TO CLAIM EXEMPTION AND/OR ENJOIN: Within ten (10) days of the date of service hereof of the Judgment Debtor(s) and Current Owner(s), any one or more of them has a right to file with the Clerk of the above Court a written claim of exemption in the above case, which he, she or it may have by the laws of this State. At any time before this sale, Judgment Debtor(s), Current Owner(s), and other Interested Parties may have a right to enjoin this sale, if permitted by law. Failure to pursue these rights may be deemed a waiver thereof. The filing of a frivolous, groundless or vexatious lawsuit may result in attorney’s fees being assessed against you.
3. CURE AND/OR REDEMPTION RIGHTS: Pursuant to the laws of this State, you may have an interest in the Real Estate to be sold or have certain rights or suffer certain liabilities as a result of this Sheriff’s sale. You may have the right to cure a default under the judgment, or you may have a right to redeem the Real Estate to be Sold. A copy of said statutes, as such statutes are presently constituted, is attached to the copies hereof which are recorded, mailed and served.
The lien of the Lien Documents may not be a first lien.
A Notice of Intent to Cure filed pursuant to CRS 38-38-104 shall be filed with the Sheriff at least 15 calendar days prior to the first scheduled sale date or any date to which the sale is continued.
A Notice of Intent to Redeem filed pursuant to Section 38-38-302 shall be filed with the Sheriff no later than 8 business days after the sale.
4. ELECTION TO SELL: The Holder of the Judgment intends to have the Real Estate to be Sold by the undersigned Sheriff to partially or fully pay the lien of the Lien Documents. The effect of said sale will be to deprive all persons who claim an interest in the Real Estate of any right thereto, except as provided by law.
5. SALE: The Real Estate to be Sold, will be sold at public auction without warranties or guarantees at the following date, time and place:
Date of Sale: July 8, 2009
Place of Sale: Archuleta County Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO 81147
Time of Sale: 10:00 a.m.
6. GOVERNMENTAL CLAIMS: To the copies of these Notices which are recorded, mailed, and served, there are attached copies of the written recorded claim of any governmental agency against the Real Estate and the independent notices which the law requires to be mailed to any such governmental agency to terminate their rights to the Real Estate.
Dated: April 12, 2009.
Kleinsmith & Associates, P.C.
Attorney for Holder of Judgment
Colorado Attorney Registration No. 1063
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417 or (719) 593-1970
/s/ Philip M. Kleinsmith
Sheriff of the Above County
/s/ Peter L. Gonzalez
Address: 449 San Juan Street
Pagosa Springs, CO 81147
Identifying Data of Legal Documents1
Upon Which Foreclosure is Based
Type of Sale (Trustee, Sheriff, Special Master) Sheriff’s Sale #2009-38
and That Person’s Identifying No., (if applicable: Type of Documents Being Foreclosed (Mortgage, Deed of Trust2, Judgment or Other Lien Instrument):Judgment Default(s) Causing Foreclosure: Failure to Pay Judgment Projected Amounts Owed As of Foreclosure Sale Date: Principal: $5,877.35 Interest $2,992.80 Costs (estimated): $2,500.00 Attorneys Fees estimated): $875.00 Total (estimated) $12,245.15
Real Estate3 to be Sold: Common Description: Unit Week Number 17, Unit Number 7210, Building Number 5B, Ptarmigan Townhouses Phase II, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 17, Unit Number 7210, Building Number 5B, in Ptarmigan Townhouses Phase II, as recorded under Reception No. 156199, subject to Declaration of Individual and/or Interval Ownership for Ptarmigan Townhouses recorded under Reception No. 153557, and amendments and supplements thereto, in the Office of the County Clerk and Recorded in and for Archuleta County, Colorado.
Lien Documents: That is the Identifying Data of Legal Documents1 Being Foreclosed Per Real Estate Records of County Stated in Legal Description:
Mortgage or Deed of Trust: Dated: N/A
Judgment: Dated: 02/25/2009 Case No.: 2008CV291
Court:Archuleta County District Court Transcript of Judgment: Dated: N/A
Writ of Execution: Dated:03/12/2009 Other Lien Instrument: Dated: N/A
Recording Date: N/A Recording Data: N/A Original Principal Amount: $5,877.35
Original Trustee: N/A
Original Holder4 of Lien Documents: Name: Ptarmigan Property Owners Assoc., Inc. Address: c/o Foreclosure Management Company
10975 El Monte, Suite 220 Overland Park, KS 66211
Present Holder of Lien Documents: Name: Ptarmigan Property Owners Assoc.,Inc.
Address’s: c/o Foreclosure Management Company 10975 El Monte, Suite 220 Overland Park, KS 66211
Original Liable Parties5 on Lien Documents: Name(s): Linda Lucero
Address: 45 MacGregor Road. Pueblo, CO 81001
Judgment Debtor(s): Name(s) : N/A - In Rem Only Address : N/A
Current Owner(s) of Real Estate: Name(s): Linda Lucero Address: 45 MacGregor Road Pueblo, CO 81001
1Mortgage, Deed of Trust, Judgment, or other Lien Instrument.
2Sometimes called “Trust Indenture”.
3Sometimes called “Mortgaged Property”, “Trust Property”, or “Property”.
4Sometimes called “Mortgagee”, “Beneficiary”, “Judgment Creditor”, or “Creditor”.
5Sometimes called “Mortgagors”, “Grantors”, “Judgment Debtors”, or “Debtors”.
Published May 21, 28, June 4, 11 and 18, 2009 in The Pagosa Springs SUN.
_________________________________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Village Pointe Property Owners Association, Inc.
v.
Defendant(s):
(1) Donn Draper
(2) Deborah Grant
(3) 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
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number 2008CV208
NOTICES OF:
(1) LEVY AND RECORDING;
(2) RIGHT TO CLAIM EXEMPTION;
(3) RIGHT TO CURE AND/OR REDEEM;
(4) ELECTION OF SALE;
(5) SALE; AND
(6) GOVERNMENTAL CLAIMS
YOU ARE NOTIFIED THAT:
All words and phrases which have the first letters thereof capitalized are defined on the attached Identifying Data of Legal Documents Upon Which foreclosure Is Based. The undersigned attorney certifies that to the best of his knowledge, the Judgment Debtor(s) and Current Owner(s) names and addresses are correct.
This proceeding for a Sheriff’s Sale (See Sheriff’s Identifying No. on attached Identifying Data, etc.) has been commenced in the office of the Sheriff of this County to foreclose the lien of the Mortgage, Deed of Trust and/or Judgment.
1. LEVY AND RECORDING: Judgment has been entered and a Writ of Execution has been issued by the above Court to the undersigned Sheriff to levy upon the Real Estate to be Sold, which is owed or was formerly owned by the Judgment Debtor(s), and to which the lien of the Lien Documents attached. Pursuant thereto, the undersigned Sheriff has levied upon or will levy upon the Real Estate to be Sold by recording these Notices in the appropriate real estate records.
2. RIGHT TO CLAIM EXEMPTION AND/OR ENJOIN: Within ten (10) days of the date of service hereof of the Judgment Debtor(s) and Current Owner(s), any one or more of them has a right to file with the Clerk of the above Court a written claim of exemption in the above case, which he, she or it may have by the laws of this State. At any time before this sale, Judgment Debtor(s), Current Owner(s), and other Interested Parties may have a right to enjoin this sale, if permitted by law. Failure to pursue these rights may be deemed a waiver thereof. The filing of a frivolous, groundless or vexatious lawsuit may result in attorney’s fees being assessed against you.
3. CURE AND/OR REDEMPTION RIGHTS: Pursuant to the laws of this State, you may have an interest in the Real Estate to be sold or have certain rights or suffer certain liabilities as a result of this Sheriff’s sale. You may have the right to cure a default under the judgment, or you may have a right to redeem the Real Estate to be Sold. A copy of said statutes, as such statutes are presently constituted, is attached to the copies hereof which are recorded, mailed and served.
The lien of the Lien Documents may not be a first lien.
A Notice of Intent to Cure filed pursuant to CRS 38-38-104 shall be filed with the Sheriff at least 15 calendar days prior to the first scheduled sale date or any date to which the sale is continued.
A Notice of Intent to Redeem filed pursuant to Section 38-38-302 shall be filed with the Sheriff no later than 8 business days after the sale.
4. ELECTION TO SELL: The Holder of the Judgment intends to have the Real Estate to be Sold by the undersigned Sheriff to partially or fully pay the lien of the Lien Documents. The effect of said sale will be to deprive all persons who claim an interest in the Real Estate of any right thereto, except as provided by law.
5. SALE: The Real Estate to be Sold, will be sold at public auction without warranties or guarantees at the following date, time and place:
Date of Sale: July 22, 2009
Place of Sale: Archuleta County Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO 81147
Time of Sale: 10:00 a.m.
6. GOVERNMENTAL CLAIMS:To the copies of these Notices which are recorded, mailed, and served, there are attached copies of the written recorded claim of any governmental agency against the Real Estate and the independent notices which the law requires to be mailed to any such governmental agency to terminate their rights to the Real Estate.
Dated: April 22, 2009.
Kleinsmith & Associates, P.C.
Attorney for Holder of Judgment
Colorado Attorney Registration No. 1063
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417 or (719) 593-1970
/s/ Philip M. Kleinsmith
Sheriff of the Above County
/s/ Peter L. Gonzalez
Address: 449 San Juan Street
Pagosa Springs, CO 81147
Identifying Data of Legal Documents1
Upon Which Foreclosure is Based
Type of Sale (Trustee, Sheriff, Special Master) Sheriff’s Sale #2009-40
and That Person’s Identifying No., (if applicable: Type of Documents Being Foreclosed (Mortgage, Deed of Trust2, Judgment or Other Lien Instrument):Judgment Default(s) Causing Foreclosure: Failure to Pay Judgment
Projected Amounts Owed As of Foreclosure Sale Date: Principal: $2,813.42
Interest $0.00 Costs (estimated): $ 2,500.00 Attorneys Fees (estimated):
$ 875.00 Total (estimated)$6,188.42
Real Estate3 to be Sold: Common Description: Unit Week Number 38, Condominium Unit Number 7512, Building Number 3, in Phase II of Village Pointe Condominiums, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 38, Condominium Unit Number 7512, Building Number 3, in Phase II of Village Pointe Condominiums, according to and as located on the recorded Map recorded under Reception No. 171189 and the Declaration of Condominium and Interval Ownership of Village Pointe Condominiums recorded under Reception No. 160495, and amendments and supplements thereto, in the Office of the County Clerk, Archuleta County, Colorado.
Lien Documents: That is the Identifying Data of Legal Documents1 Being Foreclosed Per Real Estate Records of County Stated in Legal Description:
Mortgage or Deed of Trust: Dated: N/A
Judgment: Dated: 03/16/2009 Case No.: 2008CV208 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated:03/26/2009
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $1,039.00
Original Trustee: N/A
Original Holder4 of Lien Documents: Name: Village Pointe Property Owners Assoc., Inc.Address: c/o Foreclosure Management Company 10975 El Monte, Suite 220
Overland Park, KS 66211
Present Holder of Lien Documents: Name: Village Pointe Property Owners Assoc., Inc. Address: 10975 El Monte, Suite 220 Overland Park, KS 66211
Original Liable Parties5 on Lien Documents: Name(s): Donn Draper & Deborah Grant
Address: 5710 Alamo Dr., Littleton, CO 80123, 8775 W. Cornell Ave., Apt 8, Lakewood, CO 80227, 8745 W. Tonforan Drive, Littleton, CO 80123, CO 80123, 2557 S. Dover Street, Apt. 17, Lakewood, CO 80227
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): Donn Draper & Deborah Grant
Address: 5710 Alamo Dr., Littleton, CO 80123, 8775 W. Cornell Ave., Apt 8, Lakewood, CO 80227, 8745 W. Tonforan Drive, Littleton, CO 80123, CO 80123, 2557 S. Dover Street, Apt. 17, Lakewood, CO 80227
1Mortgage, Deed of Trust, Judgment, or other Lien Instrument.
2Sometimes called “Trust Indenture”.
3Sometimes called “Mortgaged Property”, “Trust Property”, or “Property”.
4Sometimes called “Mortgagee”, “Beneficiary”, “Judgment Creditor”, or “Creditor”.
5Sometimes called “Mortgagors”, “Grantors”, “Judgment Debtors”, or “Debtors”.
Published May 21, 28, June 4, 11 and 18, 2009 in The Pagosa Springs SUN.
_________________________________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Village Pointe Property Owners Association, Inc.
v.
Defendant(s):
(1) Dennis A. Dunlap
(2) 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
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number 2008CV287
NOTICES OF:
(1) LEVY AND RECORDING;
(2) RIGHT TO CLAIM EXEMPTION;
(3) RIGHT TO CURE AND/OR REDEEM;
(4) ELECTION OF SALE;
(5) SALE; AND
(6) GOVERNMENTAL CLAIMS
YOU ARE NOTIFIED THAT:
All words and phrases which have the first letters thereof capitalized are defined on the attached Identifying Data of Legal Documents Upon Which foreclosure Is Based. The undersigned attorney certifies that to the best of his knowledge, the Judgment Debtor(s) and Current Owner(s) names and addresses are correct.
This proceeding for a Sheriff’s Sale (See Sheriff’s Identifying No. on attached Identifying Data, etc.) has been commenced in the office of the Sheriff of this County to foreclose the lien of the Mortgage, Deed of Trust and/or Judgment.
1. LEVY AND RECORDING: Judgment has been entered and a Writ of Execution has been issued by the above Court to the undersigned Sheriff to levy upon the Real Estate to be Sold, which is owed or was formerly owned by the Judgment Debtor(s), and to which the lien of the Lien Documents attached. Pursuant thereto, the undersigned Sheriff has levied upon or will levy upon the Real Estate to be Sold by recording these Notices in the appropriate real estate records.
2. RIGHT TO CLAIM EXEMPTION AND/OR ENJOIN: Within ten (10) days of the date of service hereof of the Judgment Debtor(s) and Current Owner(s), any one or more of them has a right to file with the Clerk of the above Court a written claim of exemption in the above case, which he, she or it may have by the laws of this State. At any time before this sale, Judgment Debtor(s), Current Owner(s), and other Interested Parties may have a right to enjoin this sale, if permitted by law. Failure to pursue these rights may be deemed a waiver thereof. The filing of a frivolous, groundless or vexatious lawsuit may result in attorney’s fees being assessed against you.
3. CURE AND/OR REDEMPTION RIGHTS: Pursuant to the laws of this State, you may have an interest in the Real Estate to be sold or have certain rights or suffer certain liabilities as a result of this Sheriff’s sale. You may have the right to cure a default under the judgment, or you may have a right to redeem the Real Estate to be Sold. A copy of said statutes, as such statutes are presently constituted, is attached to the copies hereof which are recorded, mailed and served.
The lien of the Lien Documents may not be a first lien.
A Notice of Intent to Cure filed pursuant to CRS 38-38-104 shall be filed with the Sheriff at least 15 calendar days prior to the first scheduled sale date or any date to which the sale is continued.
A Notice of Intent to Redeem filed pursuant to Section 38-38-302 shall be filed with the Sheriff no later than 8 business days after the sale.
4. ELECTION TO SELL: The Holder of the Judgment intends to have the Real Estate to be Sold by the undersigned Sheriff to partially or fully pay the lien of the Lien Documents. The effect of said sale will be to deprive all persons who claim an interest in the Real Estate of any right thereto, except as provided by law.
5. SALE: The Real Estate to be Sold, will be sold at public auction without warranties or guarantees at the following date, time and place:
Date of Sale: July 8, 2009
Place of Sale: Archuleta County Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO 81147
Time of Sale: 10:00 a.m.
6. GOVERNMENTAL CLAIMS: To the copies of these Notices which are recorded, mailed, and served, there are attached copies of the written recorded claim of any governmental agency against the Real Estate and the independent notices which the law requires to be mailed to any such governmental agency to terminate their rights to the Real Estate.
Dated: April 7, 2009.
Kleinsmith & Associates, P.C.
Attorney for Holder of Judgment
Colorado Attorney Registration No. 1063
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417 or (719) 593-1970
/s/ Philip M. Kleinsmith
Sheriff of the Above County
/s/ Peter L. Gonzalez
Address: 449 San Juan Street
Pagosa Springs, CO 81147
Identifying Data of Legal Documents1
Upon Which Foreclosure is Based
Type of Sale (Trustee, Sheriff, Special Master) Sheriff’s Sale #2009-51
and That Person’s Identifying No., (if applicable: Type of Documents Being Foreclosed (Mortgage, Deed of Trust2, Judgment or Other Lien Instrument):Judgment Default(s) Causing Foreclosure: Failure to Pay Judgment
Projected Amounts Owed As of Foreclosure Sale Date: Principal: $2,911.04
Interest $ 395.40 Costs (estimated): $ 2,500.00 Attorneys Fees (estimated):
$875.00 Total (estimated)$6,681.44
Real Estate3 to be Sold: Common Description: Unit Week Number 26, Condominium Unit Number 7523, Building Number 5D, in Phase III of Village Pointe Condominiums, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 26, Condominium Unit Number 7523, Building Number 5D, in Phase III of Village Pointe Condominiums, according to and as located on the recorded Map recorded under Reception No. 176324 and the Declaration of Condominium and Interval Ownership of Village Pointe Condominiums recorded under Reception No. 160495, and amendments and supplements thereto, in the Office of the County Clerk, Archuleta County, Colorado.
Lien Documents: That is the Identifying Data of Legal Documents1 Being Foreclosed Per Real Estate Records of County Stated in Legal Description:
Mortgage or Deed of Trust: Dated: N/A
Judgment: Dated: 02/19/2009 Case No.: 2008CV287 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 03/04/2009
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $2,911.04 Original Trustee: N/A
Original Holder4 of Lien Documents: Name: Village Pointe Property Owners Assoc., Inc. Address: c/o Foreclosure Management Company 10975 El Monte, Suite 220 Overland Park, KS 66211
Present Holder of Lien Documents: Name: Village Pointe Property Owners Assoc., Inc. Address: c/o Foreclosure Management Company 10975 El Monte, Suite 220
Overland Park, KS 66211
Original Liable Parties5 on Lien Documents: Name(s): Dennis A. Dunlap
Address: 14706 SW Scholls Ferry Road, Apt 228 Beaverton, OR 97007
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): Dennis A. Dunlap Address: 14706 SW Scholls Ferry Road, Apt 228 Beaverton, OR 97007
1Mortgage, Deed of Trust, Judgment, or other Lien Instrument.
2Sometimes called “Trust Indenture”.
3Sometimes called “Mortgaged Property”, “Trust Property”, or “Property”.
4Sometimes called “Mortgagee”, “Beneficiary”, “Judgment Creditor”, or “Creditor”.
5Sometimes called “Mortgagors”, “Grantors”, “Judgment Debtors”, or “Debtors”.
Published May 21, 28, June 4, 11 and 18, 2009 in The Pagosa Springs SUN.
_________________________________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Village Pointe Property Owners Association, Inc.
v.
Defendant(s):
(1) Indulis M. Krumins
(2) 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
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number 2008CV330
NOTICES OF:
(1) LEVY AND RECORDING;
(2) RIGHT TO CLAIM EXEMPTION;
(3) RIGHT TO CURE AND/OR REDEEM;
(4) ELECTION OF SALE;
(5) SALE; AND
(6) GOVERNMENTAL CLAIMS
YOU ARE NOTIFIED THAT:
All words and phrases which have the first letters thereof capitalized are defined on the attached Identifying Data of Legal Documents Upon Which foreclosure Is Based. The undersigned attorney certifies that to the best of his knowledge, the Judgment Debtor(s) and Current Owner(s) names and addresses are correct.
This proceeding for a Sheriff’s Sale (See Sheriff’s Identifying No. on attached Identifying Data, etc.) has been commenced in the office of the Sheriff of this County to foreclose the lien of the Mortgage, Deed of Trust and/or Judgment.
1. LEVY AND RECORDING: Judgment has been entered and a Writ of Execution has been issued by the above Court to the undersigned Sheriff to levy upon the Real Estate to be Sold, which is owed or was formerly owned by the Judgment Debtor(s), and to which the lien of the Lien Documents attached. Pursuant thereto, the undersigned Sheriff has levied upon or will levy upon the Real Estate to be Sold by recording these Notices in the appropriate real estate records.
2. RIGHT TO CLAIM EXEMPTION AND/OR ENJOIN: Within ten (10) days of the date of service hereof of the Judgment Debtor(s) and Current Owner(s), any one or more of them has a right to file with the Clerk of the above Court a written claim of exemption in the above case, which he, she or it may have by the laws of this State. At any time before this sale, Judgment Debtor(s), Current Owner(s), and other Interested Parties may have a right to enjoin this sale, if permitted by law. Failure to pursue these rights may be deemed a waiver thereof. The filing of a frivolous, groundless or vexatious lawsuit may result in attorney’s fees being assessed against you.
3. CURE AND/OR REDEMPTION RIGHTS: Pursuant to the laws of this State, you may have an interest in the Real Estate to be sold or have certain rights or suffer certain liabilities as a result of this Sheriff’s sale. You may have the right to cure a default under the judgment, or you may have a right to redeem the Real Estate to be Sold. A copy of said statutes, as such statutes are presently constituted, is attached to the copies hereof which are recorded, mailed and served.
The lien of the Lien Documents may not be a first lien.
A Notice of Intent to Cure filed pursuant to CRS 38-38-104 shall be filed with the Sheriff at least 15 calendar days prior to the first scheduled sale date or any date to which the sale is continued.
A Notice of Intent to Redeem filed pursuant to Section 38-38-302 shall be filed with the Sheriff no later than 8 business days after the sale.
4. ELECTION TO SELL: The Holder of the Judgment intends to have the Real Estate to be Sold by the undersigned Sheriff to partially or fully pay the lien of the Lien Documents. The effect of said sale will be to deprive all persons who claim an interest in the Real Estate of any right thereto, except as provided by law.
5. SALE: The Real Estate to be Sold, will be sold at public auction without warranties or guarantees at the following date, time and place:
Date of Sale: August 12, 2009
Place of Sale: Archuleta County Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO 81147
Time of Sale: 10:00 a.m.
6. GOVERNMENTAL CLAIMS: To the copies of these Notices which are recorded, mailed, and served, there are attached copies of the written recorded claim of any governmental agency against the Real Estate and the independent notices which the law requires to be mailed to any such governmental agency to terminate their rights to the Real Estate.
Dated: May 6, 2009.
Kleinsmith & Associates, P.C.
Attorney for Holder of Judgment
Colorado Attorney Registration No. 1063
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417 or (719) 593-1970
/s/ Philip M. Kleinsmith
Sheriff of the Above County
/s/ Peter L. Gonzalez
Address: 449 San Juan Street
Pagosa Springs, CO 81147
Identifying Data of Legal Documents1
Upon Which Foreclosure is Based
Type of Sale (Trustee, Sheriff, Special Master) Sheriff’s Sale #2009-42
and That Person’s Identifying No., (if applicable: Type of Documents Being Foreclosed (Mortgage, Deed of Trust2, Judgment or Other Lien Instrument):Judgment Default(s) Causing Foreclosure: Failure to Pay Judgment
Projected Amounts Owed As of Foreclosure Sale Date: Principal:$ 1,594.00
Interest $152.22 Costs (estimated): $ 2,500.00 Attorneys Fees (estimated):
$ 875.00 Total (estimated)$5,121.22
Real Estate3 to be Sold: Common Description: Unit Week Number 41, Condominium Unit Number 7515, Building Number 4, in Phase II of Village Pointe Condominiums, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 41, Condominium Unit Number 7515, Building Number 4, in Phase II of Village Pointe Condominiums, according to and as located on the recorded Map recorded under Reception No. 171189 and the Declaration of Condominium and Interval Ownership of Village Pointe Condominiums recorded under Reception No. 160495, and amendments and supplements thereto, in the Office of the County Clerk, Archuleta County, Colorado.
Lien Documents: That is the Identifying Data of Legal Documents1 Being Foreclosed Per Real Estate Records of County Stated in Legal Description:
Mortgage or Deed of Trust: Dated: N/A
Judgment: Dated: 03/16/2009 Case No.: 2008CV330 Court :Archuleta County District Court
Transcript of Judgment: Dated: N/A Writ of Execution: Dated: 03/26/09
Other Lien Instrument:Dated: N/A Recording Date : N/A Recording Data : N/A
Original Principal Amount: $1,594.00
Original Trustee: N/A
Original Holder4 of Lien Documents: Name: Village Pointe Property Owners Association, Inc. Address: c/o Foreclosure Management Company 10975 El Monte, Ste 220 Overland Park, KS 66211
Present Holder of Lien Documents: Name: Village Pointe Property Owners Association, Inc. Address: c/o Foreclosure Management Company
10975 El Monte, Ste 220 Overland Park, KS 66211
Original Liable Parties5 on
Lien Documents: Name(s):Indulis M. Krumins Address: 9573 Devonshire Pl
Littleton, CO 80126 Judgment Debtor(s) Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s):Indulis M. Krumins Address:9573 Devonshire Pl. Littleton, CO 80126
1Mortgage, Deed of Trust, Judgment, or other Lien Instrument.
2Sometimes called “Trust Indenture”.
3Sometimes called “Mortgaged Property”, “Trust Property”, or “Property”.
4Sometimes called “Mortgagee”, “Beneficiary”, “Judgment Creditor”, or “Creditor”.
5Sometimes called “Mortgagors”, “Grantors”, “Judgment Debtors”, or “Debtors”.
Published May 21, 28, June 4, 11 and 18, 2009 in The Pagosa Springs SUN.
_________________________________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Village Pointe Property Owners Association, Inc.
v.
Defendant(s):
(1) Stephen K. Owston
(2) 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
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number 2008CV308
NOTICES OF:
(1) LEVY AND RECORDING;
(2) RIGHT TO CLAIM EXEMPTION;
(3) RIGHT TO CURE AND/OR REDEEM;
(4) ELECTION OF SALE;
(5) SALE; AND
(6) GOVERNMENTAL CLAIMS
YOU ARE NOTIFIED THAT:
All words and phrases which have the first letters thereof capitalized are defined on the attached Identifying Data of Legal Documents Upon Which foreclosure Is Based. The undersigned attorney certifies that to the best of his knowledge, the Judgment Debtor(s) and Current Owner(s) names and addresses are correct.
This proceeding for a Sheriff’s Sale (See Sheriff’s Identifying No. on attached Identifying Data, etc.) has been commenced in the office of the Sheriff of this County to foreclose the lien of the Mortgage, Deed of Trust and/or Judgment.
1. LEVY AND RECORDING: Judgment has been entered and a Writ of Execution has been issued by the above Court to the undersigned Sheriff to levy upon the Real Estate to be Sold, which is owed or was formerly owned by the Judgment Debtor(s), and to which the lien of the Lien Documents attached. Pursuant thereto, the undersigned Sheriff has levied upon or will levy upon the Real Estate to be Sold by recording these Notices in the appropriate real estate records.
2. RIGHT TO CLAIM EXEMPTION AND/OR ENJOIN: Within ten (10) days of the date of service hereof of the Judgment Debtor(s) and Current Owner(s), any one or more of them has a right to file with the Clerk of the above Court a written claim of exemption in the above case, which he, she or it may have by the laws of this State. At any time before this sale, Judgment Debtor(s), Current Owner(s), and other Interested Parties may have a right to enjoin this sale, if permitted by law. Failure to pursue these rights may be deemed a waiver thereof. The filing of a frivolous, groundless or vexatious lawsuit may result in attorney’s fees being assessed against you.
3. CURE AND/OR REDEMPTION RIGHTS: Pursuant to the laws of this State, you may have an interest in the Real Estate to be sold or have certain rights or suffer certain liabilities as a result of this Sheriff’s sale. You may have the right to cure a default under the judgment, or you may have a right to redeem the Real Estate to be Sold. A copy of said statutes, as such statutes are presently constituted, is attached to the copies hereof which are recorded, mailed and served.
The lien of the Lien Documents may not be a first lien.
A Notice of Intent to Cure filed pursuant to CRS 38-38-104 shall be filed with the Sheriff at least 15 calendar days prior to the first scheduled sale date or any date to which the sale is continued.
A Notice of Intent to Redeem filed pursuant to Section 38-38-302 shall be filed with the Sheriff no later than 8 business days after the sale.
4. ELECTION TO SELL: The Holder of the Judgment intends to have the Real Estate to be Sold by the undersigned Sheriff to partially or fully pay the lien of the Lien Documents. The effect of said sale will be to deprive all persons who claim an interest in the Real Estate of any right thereto, except as provided by law.
5. SALE: The Real Estate to be Sold, will be sold at public auction without warranties or guarantees at the following date, time and place:
Date of Sale: July 8, 2009
Place of Sale: Archuleta County Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO 81147
Time of Sale: 10:00 a.m.
6. GOVERNMENTAL CLAIMS: To the copies of these Notices which are recorded, mailed, and served, there are attached copies of the written recorded claim of any governmental agency against the Real Estate and the independent notices which the law requires to be mailed to any such governmental agency to terminate their rights to the Real Estate.
Dated: April 7, 2009.
Kleinsmith & Associates, P.C.
Attorney for Holder of Judgment
Colorado Attorney Registration No. 1063
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417 or (719) 593-1970
/s/ Philip M. Kleinsmith
Sheriff of the Above County
/s/ Peter L. Gonzalez
Address: 449 San Juan Street
Pagosa Springs, CO 81147
Identifying Data of Legal Documents1
Upon Which Foreclosure is Based
Type of Sale (Trustee, Sheriff, Special Master) Sheriff’s Sale #2009-50
and That Person’s Identifying No., (if applicable: Type of Documents Being Foreclosed (Mortgage Deed of Trust2, Judgment or Other Lien Instrument):Judgment Default(s) Causing Foreclosure: Failure to Pay Judgment Projected Amounts Owed As of Foreclosure Sale Date: Principal $3,811.00
Interest $517.32 Costs (estimated): $ 2,500.00 Attorneys Fees (estimated):
$ 875.00 Total (estimated)$7,705.32
Real Estate3 to be Sold: Common Description: Unit Week Number 43, Condominium Unit Number 7520, Building Number 5D, in Phase III of Village Pointe Condominiums, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 43, Condominium Unit Number 7520, Building Number 5D, in Phase III of Village Pointe Condominiums, according to and as located on the recorded Map recorded under Reception No. 176324 and the Declaration of Condominium and Interval Ownership of Village Pointe Condominiums recorded under Reception No. 160495, and amendments and supplements thereto, in the Office of the County Clerk, Archuleta County, Colorado.
Lien Documents: That is the Identifying Data of Legal Documents1 Being Foreclosed Per Real Estate Records of County Stated in Legal Description:
Mortgage or Deed of Trust: Dated: N/A
Judgment: Dated: 02/20/2009 Case No.: 2008CV308 Court:Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 03/04/2009
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $3,811.00
Original Trustee: N/A
Original Holder4 of Lien Documents: Name: Village Pointe Property Owners Assoc., Inc. Address: c/o Foreclosure Management Company 10975 El Monte, Suite 220 Overland Park, KS 66211
Present Holder of Lien Documents: Name: Village Pointe Property Owners Assoc., Inc. Address: c/o Foreclosure Management Company 10975 El Monte, Suite 220 Overland Park, KS 66211
Original Liable Parties5 on Lien Documents: Name(s): Stephen K. Owston
Address: 151 Owners Drive Tremont City, OH 45372
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s) : Stephen K. Owston Address : 151 Owners Drive Tremont City, OH 45372
1Mortgage, Deed of Trust, Judgment, or other Lien Instrument.
2Sometimes called “Trust Indenture”.
3Sometimes called “Mortgaged Property”, “Trust Property”, or “Property”.
4Sometimes called “Mortgagee”, “Beneficiary”, “Judgment Creditor”, or “Creditor”.
5Sometimes called “Mortgagors”, “Grantors”, “Judgment Debtors”, or “Debtors”.
Published May 21, 28, June 4, 11 and 18, 2009 in The Pagosa Springs SUN.
_________________________________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Village Pointe Property Owners Association, Inc.
v.
Defendant(s):
(1) Mike J. Richardson
(2) Debbie Richardson
(3) 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
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number JCV84
NOTICES OF:
(1) LEVY AND RECORDING;
(2) RIGHT TO CLAIM EXEMPTION;
(3) RIGHT TO CURE AND/OR REDEEM;
(4) ELECTION OF SALE;
(5) SALE; AND
(6) GOVERNMENTAL CLAIMS
YOU ARE NOTIFIED THAT:
All words and phrases which have the first letters thereof capitalized are defined on the attached Identifying Data of Legal Documents Upon Which foreclosure Is Based. The undersigned attorney certifies that to the best of his knowledge, the Judgment Debtor(s) and Current Owner(s) names and addresses are correct.
This proceeding for a Sheriff’s Sale (See Sheriff’s Identifying No. on attached Identifying Data, etc.) has been commenced in the office of the Sheriff of this County to foreclose the lien of the Mortgage, Deed of Trust and/or Judgment.
1. LEVY AND RECORDING: Judgment has been entered and a Writ of Execution has been issued by the above Court to the undersigned Sheriff to levy upon the Real Estate to be Sold, which is owed or was formerly owned by the Judgment Debtor(s), and to which the lien of the Lien Documents attached. Pursuant thereto, the undersigned Sheriff has levied upon or will levy upon the Real Estate to be Sold by recording these Notices in the appropriate real estate records.
2. RIGHT TO CLAIM EXEMPTION AND/OR ENJOIN: Within ten (10) days of the date of service hereof of the Judgment Debtor(s) and Current Owner(s), any one or more of them has a right to file with the Clerk of the above Court a written claim of exemption in the above case, which he, she or it may have by the laws of this State. At any time before this sale, Judgment Debtor(s), Current Owner(s), and other Interested Parties may have a right to enjoin this sale, if permitted by law. Failure to pursue these rights may be deemed a waiver thereof. The filing of a frivolous, groundless or vexatious lawsuit may result in attorney’s fees being assessed against you.
3. CURE AND/OR REDEMPTION RIGHTS: Pursuant to the laws of this State, you may have an interest in the Real Estate to be sold or have certain rights or suffer certain liabilities as a result of this Sheriff’s sale. You may have the right to cure a default under the judgment, or you may have a right to redeem the Real Estate to be Sold. A copy of said statutes, as such statutes are presently constituted, is attached to the copies hereof which are recorded, mailed and served.
The lien of the Lien Documents may not be a first lien.
A Notice of Intent to Cure filed pursuant to CRS 38-38-104 shall be filed with the Sheriff at least 15 calendar days prior to the first scheduled sale date or any date to which the sale is continued.
A Notice of Intent to Redeem filed pursuant to Section 38-38-302 shall be filed with the Sheriff no later than 8 business days after the sale.
4. ELECTION TO SELL: The Holder of the Judgment intends to have the Real Estate to be Sold by the undersigned Sheriff to partially or fully pay the lien of the Lien Documents. The effect of said sale will be to deprive all persons who claim an interest in the Real Estate of any right thereto, except as provided by law.
5. SALE: The Real Estate to be Sold, will be sold at public auction without warranties or guarantees at the following date, time and place:
Date of Sale: July 22, 2009
Place of Sale: Archuleta County Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO 81147
Time of Sale: 10:00 a.m.
6. GOVERNMENTAL CLAIMS: To the copies of these Notices which are recorded, mailed, and served, there are attached copies of the written recorded claim of any governmental agency against the Real Estate and the independent notices which the law requires to be mailed to any such governmental agency to terminate their rights to the Real Estate.
Dated: April 22, 2009.
Kleinsmith & Associates, P.C.
Attorney for Holder of Judgment
Colorado Attorney Registration No. 1063
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417 or (719) 593-1970
/s/ Philip M. Kleinsmith
Sheriff of the Above County
/s/ Peter L. Gonzalez
Address: 449 San Juan Street
Pagosa Springs, CO 81147
Identifying Data of Legal Documents1
Upon Which Foreclosure is Based
Type of Sale (Trustee, Sheriff, Special Master) Sheriff’s Sale #2009-41
and That Person’s Identifying No., (if applicable: Type of Documents Being Foreclosed (Mortgage, Deed of Trust2, Judgment or Other Lien Instrument):Judgment Default(s) Causing Foreclosure: Failure to Pay Judgment
Projected Amounts Owed As of Foreclosure Sale Date: Principal: $3,811.00
Interest $ 406.98 Costs (estimated): $2,500.00 Attorneys Fees (estimated):
$875.00 Total (estimated)$7,592.98
Real Estate3 to be Sold: Common Description: Unit Week Number 38, Condominium Unit Number 7526, Building Number 6, in Phase III of Village Pointe Condominiums, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 38, Condominium Unit Number 7526, Building Number 6, in Phase III of Village Pointe Condominiums, according to and as located on the recorded Map recorded under Reception No. 176324 and the Declaration of Condominium and Interval Ownership of Village Pointe Condominiums recorded under Reception No. 160495, and amendments and supplements thereto, in the Office of the County Clerk, Archuleta County, Colorado.
Lien Documents: That is the Identifying Data of Legal Documents1 Being Foreclosed Per Real Estate Records of County Stated in Legal Description:
Mortgage or Deed of Trust:Dated: N/A
Judgment: Dated: 11/17/2008 Case No.: JCV84 Court:Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 03/20/2009
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $3,811.00
Original Trustee:N/A
Original Holder4 of Lien Documents: Name: Village Pointe Property Owners Association, Inc. Address:c/o Foreclosure Management Company 10975 El Monte, Suite 220 Overland Park, KS 66211 Present Holder of Lien Documents: Name: Village Pointe Property Owners Association, Inc. Address: c/o Foreclosure Management Company 10975 El Monte, Suite 220 Overland Park, KS 66211
Original Liable Parties5 on Lien Documents: Name(s):Mike J. Richardson & Debbie RichardsonAddress:7350 Acme Rd., Shawnee, OK 74804, 854 Haymarket Pl, Fort Mill, SC 29708
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): Mike J. Richardson & Debbie Richardson
Address: 7350 Acme Rd., Shawnee, OK 74804 854 Haymarket Pl, Fort Mill, SC 29708
1Mortgage, Deed of Trust, Judgment, or other Lien Instrument.
2Sometimes called “Trust Indenture”.
3Sometimes called “Mortgaged Property”, “Trust Property”, or “Property”.
4Sometimes called “Mortgagee”, “Beneficiary”, “Judgment Creditor”, or “Creditor”.
5Sometimes called “Mortgagors”, “Grantors”, “Judgment Debtors”, or “Debtors”.
Published May 21, 28, June 4, 11 and 18, 2009 in The Pagosa Springs SUN.
_________________________________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Village Pointe Property Owners Association, Inc.
v.
Defendant(s):
(1) Lee E. Ward
(2) 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
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number 2008CV289
NOTICES OF:
(1) LEVY AND RECORDING;
(2) RIGHT TO CLAIM EXEMPTION;
(3) RIGHT TO CURE AND/OR REDEEM;
(4) ELECTION OF SALE;
(5) SALE; AND
(6) GOVERNMENTAL CLAIMS
YOU ARE NOTIFIED THAT:
All words and phrases which have the first letters thereof capitalized are defined on the attached Identifying Data of Legal Documents Upon Which foreclosure Is Based. The undersigned attorney certifies that to the best of his knowledge, the Judgment Debtor(s) and Current Owner(s) names and addresses are correct.
This proceeding for a Sheriff’s Sale (See Sheriff’s Identifying No. on attached Identifying Data, etc.) has been commenced in the office of the Sheriff of this County to foreclose the lien of the Mortgage, Deed of Trust and/or Judgment.
1. LEVY AND RECORDING: Judgment has been entered and a Writ of Execution has been issued by the above Court to the undersigned Sheriff to levy upon the Real Estate to be Sold, which is owed or was formerly owned by the Judgment Debtor(s), and to which the lien of the Lien Documents attached. Pursuant thereto, the undersigned Sheriff has levied upon or will levy upon the Real Estate to be Sold by recording these Notices in the appropriate real estate records.
2. RIGHT TO CLAIM EXEMPTION AND/OR ENJOIN: Within ten (10) days of the date of service hereof of the Judgment Debtor(s) and Current Owner(s), any one or more of them has a right to file with the Clerk of the above Court a written claim of exemption in the above case, which he, she or it may have by the laws of this State. At any time before this sale, Judgment Debtor(s), Current Owner(s), and other Interested Parties may have a right to enjoin this sale, if permitted by law. Failure to pursue these rights may be deemed a waiver thereof. The filing of a frivolous, groundless or vexatious lawsuit may result in attorney’s fees being assessed against you.
3. CURE AND/OR REDEMPTION RIGHTS: Pursuant to the laws of this State, you may have an interest in the Real Estate to be sold or have certain rights or suffer certain liabilities as a result of this Sheriff’s sale. You may have the right to cure a default under the judgment, or you may have a right to redeem the Real Estate to be Sold. A copy of said statutes, as such statutes are presently constituted, is attached to the copies hereof which are recorded, mailed and served.
The lien of the Lien Documents may not be a first lien.
A Notice of Intent to Cure filed pursuant to CRS 38-38-104 shall be filed with the Sheriff at least 15 calendar days prior to the first scheduled sale date or any date to which the sale is continued.
A Notice of Intent to Redeem filed pursuant to Section 38-38-302 shall be filed with the Sheriff no later than 8 business days after the sale.
4. ELECTION TO SELL: The Holder of the Judgment intends to have the Real Estate to be Sold by the undersigned Sheriff to partially or fully pay the lien of the Lien Documents. The effect of said sale will be to deprive all persons who claim an interest in the Real Estate of any right thereto, except as provided by law.
5. SALE: The Real Estate to be Sold, will be sold at public auction without warranties or guarantees at the following date, time and place:
Date of Sale: August 12, 2009
Place of Sale: Archuleta County Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO 81147
Time of Sale: 10:00 a.m.
6. GOVERNMENTAL CLAIMS: To the copies of these Notices which are recorded, mailed, and served, there are attached copies of the written recorded claim of any governmental agency against the Real Estate and the independent notices which the law requires to be mailed to any such governmental agency to terminate their rights to the Real Estate.
Dated: May 6, 2009.
Kleinsmith & Associates, P.C.
Attorney for Holder of Judgment
Colorado Attorney Registration No. 1063
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417 or (719) 593-1970
/s/ Philip M. Kleinsmith
Sheriff of the Above County
/s/ Peter L. Gonzalez
Address: 449 San Juan Street
Pagosa Springs, CO 81147
Identifying Data of Legal Documents1
Upon Which Foreclosure is Based
Type of Sale (Trustee, Sheriff, Special Master) Sheriff’s Sale #2009-43
and That Person’s Identifying No., (if applicable: Type of Documents Being Foreclosed (Mortgage, Deed of Trust2, Judgment or Other Lien Instrument):Judgment Default(s) Causing Foreclosure: Failure to Pay Judgment
Projected Amounts Owed As of Foreclosure Sale Date: Principal: $ 5,170.50
Interest $ 702.06 Costs (estimated): $ 2,500.00 Attorneys Fees estimated):$ 875.00 Total (estimated)$9,247.56
Real Estate3 to be Sold: Common Description: Unit Week Number 30, Condominium Unit Number 7506, Building Number 2D, in Phase I of Village Pointe Condominiums, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 30, Condominium Unit Number 7506, Building Number 2D, in Phase I of Village Pointe Condominiums, according to and as located on the recorded Map recorded under Reception No. 168713 and the Declaration of Condominium and Interval Ownership of Village Pointe Condominiums recorded under Reception No. 160495, and amendments and supplements thereto, in the Office of the County Clerk, Archuleta County, Colorado.
Lien Documents: That is the Identifying Data of Legal Documents1
Being Foreclosed Per Real Estate Records of County Stated in Legal Description:
Mortgage or Deed of Trust: Dated: N/A
Judgment: Dated: 03/16/2009 Case No.: 2008CV289 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 3/26/09
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $5,170.50
Original Trustee: N/A
Original Holder4 of Lien Documents:Name:Village Pointe Property Owners Assoc., Inc. Address: c/o Foreclosure Management Company 10975 El Monte, Suite 220
Overland Park, KS 66211 Present Holder of Lien Documents: Name: Village Pointe Property Owners Assoc., Inc. Address: c/o Foreclosure Management Company
10975 El Monte, Suite 220, Overland Park, KS 66211
Original Liable Parties5 on Lien Documents: Name(s): Lee. E. Ward Address: 6702 S Zunis Pl., Apt 411, Tulsa, OK 74136, 10609 Irene Ave NE, Albuquerque, NM 87112, 1105 N. Cheyenne Ave, Tulsa, OK 74106, 1020 Noble Vines Dr., Apt. 4, Clarkston, GA 30021, 1127 Tony Sanchez Dr SE, Albuquerque, NM 87123, 12021 Skyline Rd., NE Apt 1903, Albuquerque, NM 87123, 320 Delaware Ave, Alamogordo, NM 88310, 9180 Coors Blvd NW, Apt. 260, Albuquerque, NM 87120 Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): Lee. E. Ward Address: 6702 S Zunis Pl., Apt 411, Tulsa, OK 74136, 10609 Irene Ave NE, Albuquerque, NM 87112, 1105 N. Cheyenne Ave, Tulsa, OK 74106, 1020 Noble Vines Dr., Apt. 4, Clarkston, GA 30021, 1127 Tony Sanchez Dr SE, Albuquerque, NM 87123, 12021 Skyline Rd., NE Apt 1903, Albuquerque, NM 87123, 320 Delaware Ave, Alamogordo, NM 88310, 9180 Coors Blvd NW, Apt. 260, Albuquerque, NM 87120
1Mortgage, Deed of Trust, Judgment, or other Lien Instrument.
2Sometimes called “Trust Indenture”.
3Sometimes called “Mortgaged Property”, “Trust Property”, or “Property”.
4Sometimes called “Mortgagee”, “Beneficiary”, “Judgment Creditor”, or “Creditor”.
5Sometimes called “Mortgagors”, “Grantors”, “Judgment Debtors”, or “Debtors”.
Published May 21, 28, June 4, 11 and 18, 2009 in The Pagosa Springs SUN.
_________________________________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Village Pointe Property Owners Association, Inc.
v.
Defendant(s):
(1) Douglas E. Wilson
(2) 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
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number 2008CV290
NOTICES OF:
(1) LEVY AND RECORDING;
(2) RIGHT TO CLAIM EXEMPTION;
(3) RIGHT TO CURE AND/OR REDEEM;
(4) ELECTION OF SALE;
(5) SALE; AND
(6) GOVERNMENTAL CLAIMS
YOU ARE NOTIFIED THAT:
All words and phrases which have the first letters thereof capitalized are defined on the attached Identifying Data of Legal Documents Upon Which foreclosure Is Based. The undersigned attorney certifies that to the best of his knowledge, the Judgment Debtor(s) and Current Owner(s) names and addresses are correct.
This proceeding for a Sheriff’s Sale (See Sheriff’s Identifying No. on attached Identifying Data, etc.) has been commenced in the office of the Sheriff of this County to foreclose the lien of the Mortgage, Deed of Trust and/or Judgment.
1. LEVY AND RECORDING: Judgment has been entered and a Writ of Execution has been issued by the above Court to the undersigned Sheriff to levy upon the Real Estate to be Sold, which is owed or was formerly owned by the Judgment Debtor(s), and to which the lien of the Lien Documents attached. Pursuant thereto, the undersigned Sheriff has levied upon or will levy upon the Real Estate to be Sold by recording these Notices in the appropriate real estate records.
2. RIGHT TO CLAIM EXEMPTION AND/OR ENJOIN: Within ten (10) days of the date of service hereof of the Judgment Debtor(s) and Current Owner(s), any one or more of them has a right to file with the Clerk of the above Court a written claim of exemption in the above case, which he, she or it may have by the laws of this State. At any time before this sale, Judgment Debtor(s), Current Owner(s), and other Interested Parties may have a right to enjoin this sale, if permitted by law. Failure to pursue these rights may be deemed a waiver thereof. The filing of a frivolous, groundless or vexatious lawsuit may result in attorney’s fees being assessed against you.
3. CURE AND/OR REDEMPTION RIGHTS: Pursuant to the laws of this State, you may have an interest in the Real Estate to be sold or have certain rights or suffer certain liabilities as a result of this Sheriff’s sale. You may have the right to cure a default under the judgment, or you may have a right to redeem the Real Estate to be Sold. A copy of said statutes, as such statutes are presently constituted, is attached to the copies hereof which are recorded, mailed and served.
The lien of the Lien Documents may not be a first lien.
A Notice of Intent to Cure filed pursuant to CRS 38-38-104 shall be filed with the Sheriff at least 15 calendar days prior to the first scheduled sale date or any date to which the sale is continued.
A Notice of Intent to Redeem filed pursuant to Section 38-38-302 shall be filed with the Sheriff no later than 8 business days after the sale.
4. ELECTION TO SELL: The Holder of the Judgment intends to have the Real Estate to be Sold by the undersigned Sheriff to partially or fully pay the lien of the Lien Documents. The effect of said sale will be to deprive all persons who claim an interest in the Real Estate of any right thereto, except as provided by law.
5. SALE: The Real Estate to be Sold, will be sold at public auction without warranties or guarantees at the following date, time and place:
Date of Sale: July 8, 2009
Place of Sale: Archuleta County Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO 81147
Time of Sale: 10:00 a.m.
6. GOVERNMENTAL CLAIMS: To the copies of these Notices which are recorded, mailed, and served, there are attached copies of the written recorded claim of any governmental agency against the Real Estate and the independent notices which the law requires to be mailed to any such governmental agency to terminate their rights to the Real Estate.
Dated: April 7, 2009.
Kleinsmith & Associates, P.C.
Attorney for Holder of Judgment
Colorado Attorney Registration No. 1063
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417 or (719) 593-1970
/s/ Philip M. Kleinsmith
Sheriff of the Above County
/s/ Peter L. Gonzalez
Address: 449 San Juan Street
Pagosa Springs, CO 81147
Identifying Data of Legal Documents1
Upon Which Foreclosure is Based
Type of Sale (Trustee, Sheriff, Special Master) Sheriff’s Sale #2009-54
and That Person’s Identifying No., (if applicable: Type of Documents Being Foreclosed (Mortgage, Deed of Trust2, Judgment or Other Lien Instrument):Judgment Default(s) Causing Foreclosure: Failure to Pay Judgment
Projected Amounts Owed As of Foreclosure Sale Date: Principal: $3,811.00
Interest $ 508.57 Costs (estimated): $ 2,500.00 Attorneys Fees (estimated):
$ 875.00 Total (estimated)$7,694.57
Real Estate3 to be Sold: Common Description: Unit Week Number 31, Condominium Unit Number 7504, Building Number 1D, in Phase I of Village Pointe Condominiums, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 31, Condominium Unit Number 7504, Building Number 1D, in Phase I of Village Pointe Condominiums, according to and as located on the recorded Map recorded under Reception No. 168713 and the Declaration of Condominium and Interval Ownership of Village Pointe Condominiums recorded under Reception No. 160495, and amendments and supplements thereto, in the Office of the County Clerk, Archuleta County, Colorado.
Lien Documents: That is the Identifying Data of Legal Documents1 Being Foreclosed Per Real Estate Records of County Stated in Legal Description:
Mortgage or Deed of Trust: Dated: N/A
Judgment: Dated: 02/19/2009 Case No.: 2008CV290 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 03/04/2009
Other Lien Instrument: Dated: N/A
Recording Date: N/A Recording Data: N/A
Original Principal Amount: $3,811.00
Original Trustee: N/A
Original Holder4 of Lien Documents: Name: Village Pointe Property Owners Assoc., Inc.Address: c/o Foreclosure Management Company, 10975 El Monte, Suite 220
Overland Park, KS 66211 Present Holder of Lien Documents: Name: Village Pointe Property Owners Assoc., Inc. Address: 10975 El Monte, Suite 220, Overland Park, KS 66211
Original Liable Parties5 on Lien Documents: Name(s): Douglas E. Wilson
Address: 4318 W. 88th Street, Tulsa, OK 74132
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): Douglas E. Wilson Address: 4318 W. 88th Street, Tulsa, OK 74132
1Mortgage, Deed of Trust, Judgment, or other Lien Instrument.
2Sometimes called “Trust Indenture”.
3Sometimes called “Mortgaged Property”, “Trust Property”, or “Property”.
4Sometimes called “Mortgagee”, “Beneficiary”, “Judgment Creditor”, or “Creditor”.
5Sometimes called “Mortgagors”, “Grantors”, “Judgment Debtors”, or “Debtors”.
Published May 21, 28, June 4, 11 and 18, 2009 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE OF SALE AND RIGHT TO CURE AND REDEEM
RESTART
FORECLOSURE NUMBER 095-2008
Republished to restart foreclosure stayed by bankruptcy and reset sale date.
To whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 095-2008 was commenced on 03/19/2009 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Original Grantor(s): Gerard D. Pearson and Sharon L. Pearson
Original Beneficiary: Wells Fargo Bank, N. A.
Current Holder of Evidence of Debt: Wells Fargo Bank, N. A.
Date of Deed of Trust: 01/25/2006
County of Recording: Archuleta
Recording Date of Deed of Trust: 01/30/2006
Reception No.: 20601090
Original Principal Balance: $650,000.00
Outstanding Principal Balance: $637,536.99
Pursuant to C.R.S. §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
W 1/2 SW 1/4 SE 1/4 NE 1/4 OF SECTION 22, TOWNSHIP 35 NORTH, RANGE 2 WEST, N.M.P.M. ALSO KNOWN AS LOT 33 OF SECTION 22, PAGOSA ALPHA SECTION, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD JANUARY 13, 1969 AS RECEPTION NO. 72113 COUNTY OF ARCHULETA, STATE OF COLORADO.
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction at 10:00 A.M. on Thursday, 07/16/2009, at 449 San Juan St., Pagosa Springs, CO 81147 sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
First Publication: 05/21/2009
Last Publication: 06/18/2009
Name of Publication: Pagosa Springs Sun
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. §38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. §38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 3/19/2009
Betty A. Diller
Public Trustee of Archuleta County, State of Colorado
By: /s/ Debora A. Switala, Deputy Public Trustee
The name, address and telephone number of the attorney(s) representing the legal holder of the indebtedness is:
William L. Foster #38341
Caren Jacobs Castle #11790
Barbara Bader #10394
P.C. Wolf #34797
Jeremy D. Peck #36588
Cristel D. Shepherd #39351
Deanne R. Stodden #33214
Jennifer C. Rogers #34682
Katharine E. Fisher #39230
Jeffrey C. Gaston #40389
Elizabeth S. Marcus #16092
Britney Beall-Eder #64935
Lauren R. Smith #39316
Castle, Meinhold & Stawiarski LLC 999 18TH ST., #2201, DENVER, CO 80202 303-865-1400
The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
Attorney file number: 08-17255
Published May 21, 28, June 4, 11 and 18, 2009 in The Pagosa Springs SUN.
_________________________________________