Bookmark and Share

Legals 08/25/11
Updated Tuesday, December 13, 2011

FIRST READING

The first reading of Ordinance No. 764 (Series 2011) was completed at the Pagosa Springs Town Council Meeting held on August 18, 2011 at 12:00 p.m. in the Council Chambers at the Town Hall. ORDINANCE NO. 764 (SERIES 2011), AN ORDINANCE OF THE TOWN OF PAGOSA SPRINGS AMENDING SECTION 8.10, CHAPTER 8 OF THE “DESIGN GUIDELINES FOR THE HISTORIC DISTRICT & LOCAL LANDMARKS”. The full text of the ordinance, including any amendments, is available for public inspection at the office of the Town Clerk at Town Hall.

Published August 25, 2011 in The Pagosa Springs SUN.

_________________________________________

Invitation for Bid: for Hauling Recyclable Materials from the Pagosa Transfer Station to a Recycle Facility. The Archuleta County Board of County Commissioners invites qualified firms to submit bids on the aforementioned project for Archuleta County. Sealed bids (marked “HAULING RECYCLABLE MATERIALS”) will be accepted by Larry Walton, Contracts and Procurement Officer, 449 San Juan Street, Pagosa Springs, CO 81147 until September 15, 2011 at 2:00 PM local time. For a copy of the full Invitation for Bid, please contact Larry Walton, Contracts and Procurement Officer at (970) 264-8555, or by email lwalton@archuletacounty.org.

Published August 25 and September 1, 2011 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2011-083

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On June 22, 2011, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s): Paul Griffith and Toni Wynne Griffith

Original Beneficiary(ies): Citizens Bank of Pagosa Springs

Current Holder of Evidence of Debt: EverBank

Date of Deed of Trust: 8/24/2007

County of Recording: Archuleta

Recording Date of Deed of Trust: 8/29/2007

Recording Reception Number: 20707717

Original Principal Amount: $290,000.00

Outstanding Principal Balance: $290,000.00

Pursuant to CRS §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.

PLEASE SEE ATTACHED LEGAL DESCRIPTION.

LEGAL DESCRIPTION

A tract of land lying and being in the North Half of the Northwest Quarter (N1/2 NW1/4) of Section 10, T34N, R1W, N.M.P.M., Archuleta County, Colorado, being more particularly described as follows, to-wit:

Beginning at the Northeast (NE) corner of said North Half of the Northwest Quarter (N1/2 NW1/4), thence South 00 14’ West, for a distance of 1258.52 feet; thence North 85 31’ West, for a distance of 1648.55 feet; thence North 200.00 feet; thence North 62 00’ East for a distance of 650.00 feet; thence North 10 16’33” East, for a distance of 719.93 feet; thence South 84 56’ East, for a distance of 950.00 feet to the point of beginning.

Also known by street and number as: 800 Bauer 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 Notice of 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, 10/20/2011, 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 issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 8/25/2011

Last Publication: 9/22/2011

Name of Publication: Pagosa Springs Sun

DATE: 06/22/2011

Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado

By: /s/ Betty A. Diller, Public Trustee

The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Aronowitz & Mecklenburg, LLP 1199 Bannock Street, Denver, CO 80204 (303) 813-1177

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 #: 4380.01147

©Colorado Public Trustees’ Association Revised 12/2009

Published August 25, September 1, 8, 15 and 22, 2011 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2011-084

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On June 22, 2011, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s): Monte R Singleterry and Rosie Singleterry

Original Beneficiary(ies): Bank of Colorado, Organized and existing under the laws of Colorado

Current Holder of Evidence of Debt: Bank of Colorado, Organized and existing under the laws of Colorado

Date of Deed of Trust: 12/15/2005

County of Recording: Archuleta

Recording Date of Deed of Trust: 12/15/2005

Recording Reception Number: 20513397

Original Principal Amount: $95,025.00

Outstanding Principal Balance: $73,560.85

Pursuant to CRS §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 36, The Reserve at Pagosa Peak Phase 2, according to the plat thereof recorded October 5, 2005 as Reception No. 20510466, in the office of the Clerk and Recorder, Archuleta County, Colorado.

Also known by street and number as: TBD Lot 9, Reserve at Pagosa Peak, 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 Notice of 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, 10/20/2011, 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 issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 8/25/2011

Last Publication: 9/22/2011

Name of Publication: Pagosa Springs Sun

DATE: 06/22/2011

Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado

By: /s/ Betty A. Diller, Public Trustee

The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Patton & Davison Attorneys at Law P.O. Box 945, Cheyenne, WY 82003-0945 (307) 635-4111

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 #: Singleterry L36

©Colorado Public Trustees’ Association Revised 12/2009

Published August 25, September 1, 8, 15 and 22, 2011 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2011-085

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On June 22, 2011, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s): Monte R Singleterry and Rosie Singleterry

Original Beneficiary(ies): Bank of Colorado, Organized and existing under the laws of Colorado

Current Holder of Evidence of Debt: Bank of Colorado, Organized and existing under the laws of Colorado

Date of Deed of Trust: 12/15/2005

County of Recording: Archuleta

Recording Date of Deed of Trust: 12/15/2005

Recording Reception Number: 20513396

Original Principal Amount: $66,975.00

Outstanding Principal Balance: $51,870.38

Pursuant to CRS §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 9, The Reserve at Pagosa Peak Phase One, according to the plat thereof filed January 16, 2003 at Reception No. 20300398, in the office of the Clerk and Recorder, Archuleta County, Colorado.

Also known by street and number as: TBD Lot 9, The Reserve At Pagosa Peak, 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 Notice of 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, 10/20/2011, 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 issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 8/25/2011

Last Publication: 9/22/2011

Name of Publication: Pagosa Springs Sun

DATE: 06/22/2011

Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado

By: /s/ Betty A. Diller, Public Trustee

The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Patton & Davison Attorneys at Law P.O. Box 945, Cheyenne, WY 82003-0945 (307) 635-4111

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 #: Singleterry L9

©Colorado Public Trustees’ Association Revised 12/2009

Published August 25, September 1, 8, 15 and 22, 2010 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2011-086

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On June 22, 2011, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s): Andrew Spada III and Billie K Spada

Original Beneficiary(ies): Tom A Steffen and Darla K Steffen

Current Holder of Evidence of Debt: Tom A Steffen and Darla K Steffen

Date of Deed of Trust: 12/29/2006

County of Recording: Archuleta

Recording Date of Deed of Trust: 1/3/2007

Recording Reception Number: 20700068

Original Principal Amount: $300,000.00

Outstanding Principal Balance: $265,172.61

Pursuant to CRS §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.

EXHIBIT A

Order Number: 200614943

LEGAL DESCRIPTION

A parcel of land located in the South Half (S1/2) of Section 19, Township 36 North, Range 2 West of the N.M.P.M., Archuleta County, Colorado, and described as follows:

Commencing at the Southeast corner of the Southwest Quarter (SW1/4) of said Section 19; thence North 01 degrees 23’ 54” East along the East line of the Southwest Quarter (SW1/4) of said Section 19 a distance of 1279.72 feet to the South line of the Northeast Quarter of the Southwest Quarter (NE1/4 SW1/4) of said Section 19 and the point of beginning; thence South 87 degrees 53’45” West along said South line a distance of 1279.97 feet to the West line of the Northeast Quarter of the Southwest Quarter (NE1/4 SW1/4) of said Section 19; thence North 02 degrees 01’ 21” East along said West line a distance of 1296.55 feet to the North line of the Southwest Quarter (SW1/4) of said Section 19; thence South 89 degrees 08’ 56” East along said North line a distance of 636.88 feet to the center line of a 60’ wide access easement; thence along said centerline for the following five courses: thence South 47 degrees 25’ 48” East a distance of 169.37 feet to a point of curve to the right; thence 136.59 feet along the arc of said curve, whose radius is 800.00 feet and central angle is 9 degrees 46’ 58”; thence South 37 degrees 38’ 51” East a distance of 1026.47 feet to the point of curve to the right; thence 314.50 feet along the arc of said curve, whose radius 1000.00 feet and central angle is 18 degrees 01’ 10”; thence South 19 degrees 37’ 40” East a distance of 137.97 feet; thence North 66 degrees 27’ 22” West a distance of 484.16 feet to the Point of Beginning.

NOTE: In the above-described land, the North line of the South Half (S1/2) of Section 19, Township 36 North, Range 2 West of the N.M.P.M. is assumed to bear South 89 degrees 08’ 56” East between the two found #4 rebar w/caps #26228.

Also known by street and number as: Rural Archuleta County, CO 81147

NOTICE OF SALE

The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of 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, 10/20/2011, 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 issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 8/25/2011

Last Publication: 9/22/2011

Name of Publication: Pagosa Springs Sun

DATE: 06/22/2011

Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado

By: /s/ Betty A. Diller, Public Trustee

The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Paul W. Whistler Attorney at Law, 102 W. 18th Street, Durango, CO 81301 (970) 375-7419

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 #: 20700068

©Colorado Public Trustees’ Association Revised 12/2009

Published August 25, September 1, 8, 15 and 22, 2010 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.

JOHN LES HERNANDEZ, JOYCE A. MAEZ 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: 11 CV 81

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 November 5, 2009 at Reception No. 20908917, 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 7220, , Building Number 10, Unit Week Number 48 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 July 19, 2011 the outstanding balance due and owing on such judgment is $4,989.00.

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 Nov. 9th, 2011 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 8th day of August, 2011.

/s/ Peter L. Gonzalez

Peter L. Gonzalez

Sheriff, Archuleta County, Colorado

Sale Date: November 9th, 2011 at a.m. Sale Number: 2011-037

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 August 18, 25, September 1, 8 and 15, 2011 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2011-082

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On June 8, 2011, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s): Colorado Timber Ridge Ranch

Original Beneficiary(ies): Bank of Colorado

Current Holder of Evidence of Debt: Bank of Colorado

Date of Deed of Trust: 6/23/2008

County of Recording: Archuleta

Recording Date of Deed of Trust: 6/27/2008

Recording Reception Number: 20804958

Original Principal Amount: $223,741.00

Outstanding Principal Balance: $223,741.00

Pursuant to CRS §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.

PARCEL 1 AND 2, TIMBER MEADOWS, ACCORDING TO THE PLAT THEREOF FILED MAY 21, 2008, AS RECEPTION NO. 20803811, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.

Also known by street and number as: CO 81147

NOTICE OF SALE

The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of 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, 10/06/2011, 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 issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 8/11/2011

Last Publication: 9/8/2011

Name of Publication: Pagosa Springs Sun

DATE: 06/08/2011

Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado

By: /s/ Betty A. Diller, Public Trustee

The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Marcus Williams Young & Zimmerman, LLC 1700 Lincoln Street, Suite 4000, Denver, CO 80203 (303) 830-0800

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 #: 10129.224

©Colorado Public Trustees’ Association Revised 12/2009

Published August 11, 18, 25, September 1 and 8, 2011 in The Pagosa Springs SUN.

_________________________________________

NOTICE TO CREDITORS

Estate of VIRGINIA S.KELLEY, Deceased

Case No. 11PR19

All persons having claims against the above-named estate are required to present them to the Personal Representative or to the District Court of Archuleta County, Colorado on or before DECEMBER 11, 2011, or the claims may be forever barred.

Larry W. Holthus

PO Box 1737

Pagosa Springs, CO 81147-1737

Published August 11, 18 and 25, 2011 in The Pagosa Springs SUN.

_________________________________________

NOTICE TO CREDITORS

Estate of ROBERT CHESTER VAN DICK, Deceased

Case No. 11PR21

All persons having claims against the above-named estate are required to present them to the Personal Representative or to the District Court of Archuleta County, Colorado on or before DECEMBER 11, 2011, or the claims may be forever barred.

Larry W. Holthus

PO Box 1737

Pagosa Springs, CO 81147-1737

Published August 11, 18 and 25, 2011 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2011-078

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On June 1, 2011, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s): Eric E Chapman and Michelle R Chapman

Original Beneficiary(ies): National City Mortgage a division of National City Bank

Current Holder of Evidence of Debt: PNC Bank, National Association

Date of Deed of Trust: 3/8/2007

County of Recording: Archuleta

Recording Date of Deed of Trust: 3/9/2007

Recording Reception Number: 20702055

Original Principal Amount: $202,400.00

Outstanding Principal Balance: $201,575.38

Pursuant to CRS §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 383, Pagosa Highlands Estates, according to the plat thereof filed February 27, 1972, at Reception No. 75409, in the office of the Clerk and Recorder in and for Archuleta County, Colorado.

Also known by street and number as: 24 Moon Court, 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 Notice of 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, 09/29/2011, 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 issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 8/4/2011

Last Publication: 9/1/2011

Name of Publication: Pagosa Springs Sun

DATE: 06/01/2011

Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado

By: /s/ Betty A. Diller, Public Trustee

The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Aronowitz & Mecklenburg, LLP 1199 Bannock Street, Denver, CO 80204 (303) 813-1177

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 #: 7575.00191

©Colorado Public Trustees’ Association Revised 12/2009

Published August 4, 11, 18, 25 and September 1, 2011 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2011-079

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On June 1, 2011, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s): Aubrey Holderness and Marie D Holderness

Original Beneficiary(ies): First National Bank, Cortez

Current Holder of Evidence of Debt: First National Bank, Cortez

Date of Deed of Trust: 4/28/2008

County of Recording: Archuleta

Recording Date of Deed of Trust: 4/29/2008

Recording Reception Number: 20803097

Original Principal Amount: $140,000.00

Outstanding Principal Balance: $135,828.34

Pursuant to CRS §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 229, ASPEN SPRINGS SUBDIVISION NO. 5, ACCORDING TO THE PLAT THEREOF FILED AUGUST 3, 1971, AS RECEPTION NO. 74690, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.

Also known by street and number as: 552 Indian Land Road, 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 Notice of 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, 09/29/2011, 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 issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 8/4/2011

Last Publication: 9/1/2011

Name of Publication: Pagosa Springs Sun

DATE: 06/01/2011

Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado

By: /s/ Betty A. Diller, Public Trustee

The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Kelley R McCabe, P.C. 22 E. Main St., Cortez, CO 81321 (970) 565-7209

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 #: Holderness

©Colorado Public Trustees’ Association Revised 12/2009

Published August 4, 11, 18, 25 and September 1, 2011 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2011-080

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On June 1, 2011, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s): Trevor Clark

Original Beneficiary(ies): First Southwest Bank

Current Holder of Evidence of Debt: First Southwest Bank

Date of Deed of Trust: 12/17/2004

County of Recording: Archuleta

Recording Date of Deed of Trust: 12/17/2004

Recording Reception Number: 20412190

Original Principal Amount: $133,511.00

Outstanding Principal Balance: $94,868.47

Pursuant to CRS §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.

Tract B, Harris Minor, Lot 3, Section 6, Township 35 North, Range 2 West, N.M.P.M., according to the plat thereof recorded October 30, 2002 as Reception No. 20210398, in the office of the Clerk and Recorder, Archuleta County, Colorado.

Also known by street and number as: 3939 County Road 600, 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 Notice of 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, 09/29/2011, 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 issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 8/4/2011

Last Publication: 9/1/2011

Name of Publication: Pagosa Springs Sun

DATE: 06/01/2011

Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado

By: /s/ Betty A. Diller, Public Trustee

The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Kettelkamp, 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.

Attorney file #: Trevor Clark

©Colorado Public Trustees’ Association Revised 12/2009

Published August 4, 11, 18, 25 and September 1, 2011 in The Pagosa Springs SUN.

_________________________________________

DISTRICT COURT, COUNTY OF ARCHULETA,

STATE OF COLORADO

449 San Juan Street

Pagosa Springs, CO 81147

970-264-5932

Plaintiff:

ALLIED AFFILIATED FUNDING, L.P., a Texas limited partnership

v.

Defendants:

J & J ROBINSON VENTURES, LLC, a Texas limited liability company; and CLAY TRAMEL

Case Number: 2011CV95

Division: MG

SHERIFF’S COMBINED NOTICE OF SALE

AND RIGHTS TO CURE AND REDEEM

Under a Judgment and Decree of Foreclosure entered July 7, 2011 in the above entitled action, I am ordered to sell certain real property as follows:

Original Grantor J & J Robinson Ventures, LLC

Original Beneficiary Allied Affiliated Funding, L.P.

Current Holder of the Evidence of Debt Allied Affiliated Funding, L.P.

Date of Deed of Trust July 26, 2010

Date of Recording of Deed of Trust August 31, 2010

County of Recording Archuleta

Recording Information Reception No. 21005863

Original Principal Balance of the secured indebtedness as of the date hereof $150,000.00

Amount of Judgment entered July 7, 2011 $221,057.00

Description of property to be foreclosed The West Half of the Northeast Quarter of the Northwest Quarter (W1/2NE1/4NW1/4) of Section 35, Township 35 North, Range 1 West, N.M.P.M., Archuleta County Colorado

THE PROPERTY TO BE SOLD AND DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.

The covenants of said Deed of Trust have been violated as follows: failure to make payments on said indebtedness when the same were due and owing, and the legal holder of the indebtedness has accelerated the same and declared the same immediately fully due and payable.

NOTICE OF SALE

THEREFORE, NOTICE IS HEREBY GIVEN that I will, at 10:00 o’clock A.M. on Wednesday, September 14, 2011, in the Office of the Archuleta County Sheriff, Civil Division, 449 San Juan Street, Pagosa Springs, Colorado, sell to the highest and best bidder for cash, the said real property described above, and all interest of said Grantor and the heirs and assigns of said Grantor therein, for the purpose of paying the judgment amount entered herein, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: August 4, 2011

Last Publication: September 1, 2011

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.

The name, address and business telephone number of the attorneys representing the holder of the evidence of debt are as follows:

Benjamin P. Parrott, Atty. Reg. #41269

Campbell Killin Brittan & Ray, LLC

270 St. Paul Street, Suite 200

Denver, Colorado 80206

(303) 322-3400

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

This Sheriff’s Notice of Sale is signed July 26th, 2011.

Peter L. Gonzalez, Sheriff Archuleta County, Colorado

By: /s/ Peter L. Gonzalez

Statutes attached: §§38-37-108, 38-38-103, 38-38-104, 38-38-301, 38-38-302, 38-38-304, 38-38-305, and 38-38-306, C.R.S., as amended.

Published August 4, 11, 18, 25 and September 1, 2011 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2011-073

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On May 25, 2011, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s): Austin E Hall

Original Beneficiary(ies): Mortgage Electronic Registration Systems Inc., acting solely as nominee for COUNTRYWIDE BANK, FSB

Current Holder of Evidence of Debt: BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP

Date of Deed of Trust: 3/24/2008

County of Recording: Archuleta

Recording Date of Deed of Trust: 3/31/2008

Recording Reception Number: 20802238

Original Principal Amount: $180,000.00

Outstanding Principal Balance: $174,865.94

Pursuant to CRS §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.

PLEASE SEE ATTACHED LEGAL DESCRIPTION

LEGAL DESCRIPTION

ALL THE REAL PROPERTY TOGETHER WITH IMPROVEMENT, IF ANY, SITUATE, LYING AND BEING IN THE COUNTY OF ARCHULETA, STATE OF COLORADO, DESCRIBED AS FOLLOWS:

LOTS 10, 11 OF BLOCK 3 IN PIEDRA PARK SUBDIVISION NO. 2A, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD JANUARY 23, 1961, NO. 60166.

LOT 12 OF BLOCK 3 IN PIEDRA PARK SUBDIVISION NO. 2A, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD JANUARY 23, 1961, NO. 60166.

FOR INFORMATIONAL PURPOSES ONLY: THE APN IS SHOWN BY THE COUNTY ASSESSOR AS 6161 083 08 018; SOURCE OF TITLE IS DOCUMENT NO. 20507510 RECORDED 07/25/05)

Also known by street and number as: 17365 Highway 151, Arboles, CO 81121

NOTICE OF SALE

The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of 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, 09/22/2011, 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 issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 7/28/2011

Last Publication: 8/25/2011

Name of Publication: Pagosa Springs Sun

DATE: 05/25/2011

Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado

By: /s/ Betty A. Diller, Public Trustee

The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Aronowitz & Mecklenburg, LLP 1199 Bannock Street, Denver, CO 80204 (303) 813-1177

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 #: 1269.06139

©Colorado Public Trustees’ Association Revised 12/2009

Published July 28, August 4, 11, 18 and 25, 2011 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2011-077

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On May 25, 2011, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s): Howard R. Stewart and Sharon A. Stewart

Original Beneficiary(ies): Wells Fargo Bank, N.A.

Current Holder of Evidence of Debt: Wells Fargo Bank, N.A.

Date of Deed of Trust: 7/6/2006

County of Recording: Archuleta

Recording Date of Deed of Trust: 7/12/2006

Recording Reception Number: 20606634***

Original Principal Amount: $238,000.00

Outstanding Principal Balance: $231,468.62

Pursuant to CRS §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 11, 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.

***PERMANENT LOAN EXTENSION AGREEMENT SIGNED BY HOWARD R. STEWART AND SHARON A. STEWART RECORDED ON MARCH 23, 2007 AT RECEPTION NO. 20702444.

Also known by street and number as: 769 N Pagosa Blvd, 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 Notice of 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, 09/22/2011, 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 issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 7/28/2011

Last Publication: 8/25/2011

Name of Publication: Pagosa Springs Sun

DATE: 05/25/2011

Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado

By: /s/ Betty A. Diller, Public Trustee

The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Cristel D. Shepherd #39351

Caren Jacobs Castle #11790

Barbara Bader #10394

Katharine E. Fisher #39230

Anthony L. Converse #40212

Jeffrey C. Gaston #40389

Deanne R. Stodden #33214

Jennifer C. Rogers #34682

Christopher T. Groen #39976

Jeffrey C. Gaston #40389

Reagan Larkin #42309

Elizabeth S. Marcus #16092

Britney Beall-Eder #64935

Kimberly L. Martinez #40351

Jason C. Hilliard #40856

Castle 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 #: 11-07561

©Colorado Public Trustees’ Association Revised 12/2009

Published July 28, August 4, 11, 18 and 25, 2011 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2011-076

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On May 25, 2011, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s): Jack T Lilly

Original Beneficiary(ies): American life Financial Group DBA Mortgage Express.

Current Holder of Evidence of Debt: CitiMortgage, Inc.

Date of Deed of Trust: 3/24/2004

County of Recording: Archuleta

Recording Date of Deed of Trust: 3/24/2004

Recording Reception Number: 20402836

Original Principal Amount: $240,000.00

Outstanding Principal Balance: $206,795.52

Pursuant to CRS §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 67, LOMA LINDA SUBDIVISION UNIT TWO, ACCORDING TO THE PLAT THEREOF FILED SEPTEMBER 6, 1978, AS RECEPTION NO. 92491, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.

Also known by street and number as: 813 Eight Mile Loop, 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 Notice of 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, 09/22/2011, 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 issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 7/28/2011

Last Publication: 8/25/2011

Name of Publication: Pagosa Springs Sun

DATE: 05/25/2011

Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado

By: /s/ Betty A. Diller, Public Trustee

The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Cristel D. Shepherd #39351

Caren Jacobs Castle #11790

Barbara Bader #10394

Katharine E. Fisher #39230

Anthony L. Converse #40212

Jeffrey C. Gaston #40389

Deanne R. Stodden #33214

Jennifer C. Rogers #34682

Christopher T. Groen #39976

Jeffrey C. Gaston #40389

Reagan Larkin #42309

Elizabeth S. Marcus #16092

Britney Beall-Eder #64935

Kimberly L. Martinez #40351

Jason C. Hilliard #40856

Castle 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 #: 11-02132

©Colorado Public Trustees’ Association Revised 12/2009

Published July 28, August 4, 11, 18 and 25, 2011 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2011-074

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On May 25, 2011, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s): Herman Riggs

Original Beneficiary(ies): Mortgage Electronic Registration Systems, Inc., acting solely as nominee for LEHMAN BROTHERS BANK, FSB

Current Holder of Evidence of Debt: Aurora Loan Services, LLC

Date of Deed of Trust: 3/26/2007

County of Recording: Archuleta

Recording Date of Deed of Trust: 3/30/2007

Recording Reception Number: 20702657

Original Principal Amount: $1,400,000.00

Outstanding Principal Balance: $1,359,054.32

Pursuant to CRS §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.

PLEASE SEE ATTACHED LEGAL DESCRIPTION

LEGAL DESCRIPTION

Tract 1:

A tract of land located in the Southeast Quarter of the Southeast Quarter (SE1/4SE1/4) of Section 7, Township 35 North, Range 1 West, N.M.P.M., Archuleta County, Colorado, being more particularly described as follows, to-wit:

Beginning at a point on the East boundary line of said Section 7, said point being 967.00 feet North of the Southeast corner thereof; thence South 85°00’ West, 211.98 feet along the South bank of the San Juan River; thence South 15°26’ West, 296.20 feet; thence South 87°29’ East, 290.28 feet, more or less, to the said East boundary line of Section 7; thence North, 316.74 fee to the Northeast corner of the herein described tract and the Point of Beginning.

TOGETHER WITH a non-exclusive right of way and easement for roadway as described in Exhibit A under Parcel 1, Tract 1, attached to that certain Warranty Deed recorded June 6, 2001, as Reception No. 20104663, in the office of the Clerk and Recorder, Archuleta County, Colorado.

Tract 2:

A tract of land located in the Southeast Quarter of the Southeast Quarter (SE1/4SE1/4) of Section 7, Township 35 North, Range 1 West, N.M.P.M., Archuleta County, Colorado, being more particularly described as follows, to wit:

Beginning at a point on the East boundary line of said Section 7, said point being 650.28 feet North of the Southeast corner thereof; thence North 87°29’ West, 290.28 feet; thence North 15°26’ East, 296.20 feet to a point on the South bank of the San Juan River; thence South 85°00’ West, 193.02 feet along said South bank; thence South 60°32’ West, 232.22 feet along the Southeast bank of the San Juan River; thence South 28°01’ West 145.57 feet along said Southeast bank; thence North 73°50’ East, 178.06 feet; thence South 20°40’ East, 167.84 feet; thence North 73°50’ East 58.89 feet; thence South 20°40’ East, 215.50 feet; thence South 18°40’ West, 177.30 feet; thence South 26°29’ West, 233.35 feet to the South boundary line of said Section 7; thence along said South boundary line South 89°55’ East, 60.63 feet to the Northeast right of way line of U.S. Highway 160; thence North 41°13’ East, 162.39 feet along said right of way line; thence along the arc of a curve to the left, the long chord of which bears North 38°34’ East, 476.46 feet to the East boundary line of said Section 7; thence along said East boundary line of said Section 7, North, 154.99 feet to the Point of Beginning.

TOGETHER WITH a non-exclusive right of way easement for roadway over, through and across a portion of the Northeast Quarter of the Northeast Quarter (NE1/4NE1/4) of Section 18, Township 35 North, Range 1 West, N.M.P.M., Archuleta County, Colorado, as described in Exhibit A, under Parcel 1, Tract 2, attached to that certain Warranty Deed recorded June 6, 2001, as Reception No. 20104663, in the office of the Clerk and Recorder, Archuleta County, Colorado.

Tract 3:

A tract of land located in the Northwest Quarter of the Southwest Quarter (NW1/4SW1/4) Section 8, Township 35 North, Range 1 West, N.M.P.M., Archuleta County, Colorado, being more particularly described from plat of survey entitled “Survey for Darrell W. and Travis Garrett” completed in May of 1991 by William H. Albert, PS No. 26228, as follows:

Beginning at a 1/2 inch rebar with PS 26228 cap set for the Southwest corner at a point on the Westerly right of way of U.S. Highway 160, whence a 3 inch brass cap found at the Section corner common to Sections 7, 8, 17 and 18 bears South 03°54’26” East, a distance of 446.26 feet; thence North 03°64’26” West, a distance of 516.98 feet to a 1/2 inch rebar with LS20891 cap found for the Northwest corner at a point on the South side of the San Juan River; thence South 64°11’06” East, a distance of 53.94 feet to a 1/2 inch rebar with PS 26228 cap set for the Northeast corner; thence South 00°04’40” East, a distance of 382.44 feet to a set 1/2 inch rebar with PS 26228 cap; thence South 52°42’38” East, a distance of 55.43 feet to a 1/2 inch rebar with PS 26228 cap set for the Southeast corner at a point on the Westerly right of way of U.S. Highway 160; thence a distance of 95.79 feet following said Westerly right of way along a curve to the right having a delta of 00°57’59”, a radius of 5679.58 feet and chord being and length of South 37°13’41” West, 95.79 feet to the Southwest corner and Point of Beginning.

PARCEL II

A tract of land located in the Southeast Quarter of the Southeast Quarter (SE1/4SE1/4) of Section 7, Township 35 North, Range 1 West, N.M.P.M., Archuleta County, Colorado, being more particularly described as follows, to-wit:

Beginning at the Southeast corner of the herein described tract, whence the Southeast corner of said Section 7 bears South 37°49’ East, 712.37 feet; thence North 20°40’ West, 187.84 feet; thence South 73°50’ West, 178.06 feet to a point on the East bank of the San Juan River; thence along said East bank South 12°55’ West, 108.45 feet; thence continuing along said East bank, South 03°11’ West, 98.04 feet; thence North 73°50’ East, 278.00 feet, more or less, to the Point of Beginning.

***PER AFFIDAVIT RE: SCRIVENER’S ERROR PURSUANT TO C.R.S. §38-35-109(5) RECORDED ON NOVEMBER 4, 2010 AT RECEPTION NO. 21007830

Also known by street and number as: 1850 Highway 160, 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 Notice of 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, 09/22/2011, 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 issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 7/28/2011

Last Publication: 8/25/2011

Name of Publication: Pagosa Springs Sun

DATE: 05/25/2011

Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado

By: /s/ Betty A. Diller, Public Trustee

The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Aronowitz & Mecklenburg, LLP 1199 Bannock Street, Denver, CO 80204 (303) 813-1177

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 #: 8080.28686

©Colorado Public Trustees’ Association Revised 12/2009

Published July 28, August 4, 11, 18 and 25, 2011 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

JONES INVESTMENT PROPERTIES, LLC

Plaintiff

v.

ROBERTO R. LOPEZ, ARCHULETA COUNTY PUBLIC TRUSTEE, PIEDRA ESTATES PAGOSA AREA WATER AND SANITATION DISTRICT, 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; Fax No.: (970) 264-4197

Email: ronin47@centurytel.net Atty. Reg. No. : 10535

Case Number: 11CV131

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:

Lots B and C, Nobles Minor Impact Subdivision, a minor subdivision of a portion of Tract 1, Piedra Estates, according to the plat thereof filed December 3, 2001 as Reception No. 20110801, in the office of the Clerk and Recorder, Archuleta County, Colorado

DATED this 14th day of JULY, 2011.

/s/ Larry W. Holthus

Larry W. Holthus

Published July 28, August 4, 11, 18 and 25, 2011 in The Pagosa Springs SUN.

_________________________________________

blog comments powered by Disqus