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Legals 07/19/12

Thursday, July 19, 2012

Updated Thursday, July 19, 2012

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2011-134

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

On May 15, 2012, 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) Dusty A Higgins

Original Beneficiary(ies) First Southwest Bank

Current Holder of Evidence of Debt First Southwest Bank

Date of Deed of Trust 11/23/2005

County of Recording Archuleta

Recording Date of Deed of Trust 11/29/2005

Recording Information(Reception Number and/or Book/Page Number) 20512725

Original Principal Amount $141,053.96

Outstanding Principal Balance $120,123.23

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.

LOT 4, PAGOSA IN THE PINES UNIT TWO, ACCORDING TO THE PLAT THEREOF FILED FEBRUARY 7, 1972, AS RECEPTION NO. 75408, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.

Also known by street and number as: 10 Tee Court, Pagosa Springs, CO 81147.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

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, 09/13/2012, 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 7/19/2012

Last Publication 8/16/2012

Name of Publication Pagosa Springs Sun

DATE: 05/15/2012

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

By: Betty A. Diller, Public Trustee

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

John Barlow Spear #13878

Shay L. Denning #36736

Maynes Bradford Shipps & Sheftel, LLP Attorneys at Law, 835 East Second Avenue, Suite 123, Durango, CO 81302 (970) 247-1755

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 # Higgins

©Public Trustees’ Association of Colorado Revised 6/2011

Published July 19, 26, August 2, 9 and 16, 2012 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2012-055

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

On May 7, 2012, 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) Richard Y. Wholf and Frances R. Wholf, his heirs and assigns forever, not in tenancy in common but in joint tenancy

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

Current Holder of Evidence of Debt Wells Fargo Bank, NA

Date of Deed of Trust 12/31/2010

County of Recording Archuleta

Recording Date of Deed of Trust 1/4/2011

Recording Information(Reception Number and/or Book/Page Number) 21100041

Original Principal Amount $324,359.00

Outstanding Principal Balance $319,780.12

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE

EXHIBIT A

2012-055

The following described property:

The land referred to in this policy is situated in the State of Co, County of Archuleta, City of Pagosa Springs and described as follows:

Lot 511, being a consolidation of Lots 511, 512, and 513, Pagosa Highlands Estates, according to the plat thereof filed February 7, 1972, as Reception No. 75409, and as further defined in Resolution Nos. 96-38 recorded May 8, 1996, as Reception No. 1996003099, 2001-4, recorded January 9, 2001, and 2003-53, recorded July 23, 2003, as Reception No. 20307347, all from the Board of county Commissioners, Archuleta County, Colorado, all in the office of the Clerk and Recorder, Archuleta County, Colorado.

Assessor’s Parcel Number: 558336207050

Also known by street and number as: 140 Hidden Drive, Pagosa Springs, CO 81147.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

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, 09/06/2012, 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 7/12/2012

Last Publication 8/9/2012

Name of Publication Pagosa Springs Sun

DATE: 05/07/2012

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, business 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 # 12-05923

©Public Trustees’ Association of Colorado Revised 6/2011

Published July 12, 19, 26, August 2 and 9, 2012 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2012-052

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

On May 10, 2012, 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) Parkwood Homes, LLC

Original Beneficiary(ies) First State Bank, NM

Current Holder of Evidence of Debt Colorado Loan Partners, LLC

Date of Deed of Trust 11/18/2005

County of Recording Archuleta

Recording Date of Deed of Trust 11/23/2005

Recording Information(Reception Number and/or Book/Page Number) 20512585

Original Principal Amount $491,250.00

Outstanding Principal Balance $543,444.39

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

Tract 2, Pagosa Meadows Unit Three, According to the Plat thereof filed May 23, 1972, as Reception No. 75834, in the office of the Clerk and Recorder, County of Archuleta, State of Colorado.

Also known by street and number as: 239 Scenic Avenue, Pagosa Springs, CO 81147.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

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.

First Publication 7/12/2012

Last Publication 8/9/2012

Name of Publication Pagosa Springs Sun

DATE: 05/10/2012

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

Larry W. Holthus Attorney at Law, P O Box 1737, Pagosa Springs, CO 81147 (970) 264-4196

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 # Colorado Loan Partners, LLC

©Public Trustees’ Association of Colorado Revised 6/2011

Published July 12, 19, 26, August 2 and 9, 2012 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2012-053

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

On May 7, 2012, 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) Ardella M Simacek

Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Aurora Bank, FSB

Current Holder of Evidence of Debt CitiMortgage, Inc.

Date of Deed of Trust 5/30/2009

County of Recording Archuleta

Recording Date of Deed of Trust 6/9/2009

Recording Information(Reception Number and/or Book/Page Number) 20904236

Original Principal Amount $278,795.00

Outstanding Principal Balance $268,929.95

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

Lot 11, Block 5, Pagosa in the Pines, according to the plat thereof filed March 13, 1970, as Reception Nos. 73014 through 73027, in the Office of the Clerk and Recorder, Archuleta County, Colorado.

Also known by street and number as: 187 Fairway Place, Pagosa Springs, CO 81147.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

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.

First Publication 7/12/2012

Last Publication 8/9/2012

Name of Publication Pagosa Springs Sun

DATE: 05/07/2012

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

Holly L. Decker ##32647

Toni M. N. Dale ##30580

Dale & Decker, LLC 2 Inverness Drive East, Suite 105, Englewood, CO 80112 (720) 493-4600

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 # 12-9124

©Public Trustees’ Association of Colorado Revised 6/2011

Published July 12, 19, 26, August 2 and 9, 2012 in The Pagosa Springs SUN.

_________________________________________

Invitation for Bids:

“Casa de Los Arcos” Roof Replacement

Notice is hereby given that Archuleta County, acting for Archuleta County Housing Authority, will accept sealed bids for replacing the roof of a 16 unit low-income senior living facility (known as Casa de Los Arcos).

THREE SETS (ONE ORIGINAL AND TWO COMPLETE COPIES OF THE SEALED BID), clearly marked with “Roof Replacement Bid,” along with the name, address and telephone number of the bidder, will be received by Larry Walton, Contracts and Procurement Officer, Archuleta County Courthouse, 449 San Juan St., P.O. Box 1507, Pagosa Springs, CO 81147 (970) 264-5660, until 2:00 p.m., Thursday, August 2, 2012. As soon as practical after the bid closing time, all bids shall be opened in public and read aloud. Bids received after the closing time shall be returned unopened to the bidder. An Optional site walk-thru will be conducted on July 26, 2012 at 9:00 a.m. The location is 503 South 8th Street, Pagosa Springs. Bidders are encouraged to attend. There will be no additional site visits for this project.

Bid specifications are available from Archuleta County, 449 San Juan Street, P.O. Box 1507, Pagosa Springs, CO 81147. Please refer all questions regarding this bid to Larry Walton, Contracts & Procurement Office, at 970-264-8555, fax: 970-264-8559, email: lwalton@archuletacounty.org. Answers to all questions, inquiries, or requests for additional information will be issued in the form of Addenda. The County will not be responsible for the authenticity or correctness of oral interpretations of the contract documents or for information obtained in any other manner than through the media of addenda. Bidders in their bids shall acknowledge receipt of each Addendum, and each Addendum shall be considered a part of the contract documents. Failure to acknowledge receipt of and Addendum issued may invalidate a bid as incomplete. Questions must be received no later than 2:00 pm, July 27, 2012.

The bid shall be awarded by the Board of County Commissioners. It is the Bidders’ responsibility to verify the exact date of the award. Bidders may, but shall not be required to, attend the award of bid. A bid tab shall be forwarded to all Bidders as soon as practicable thereafter.

The Archuleta County Board of County Commissioners reserves the right to reject any and all bids, to waive any informalities and minor irregularities in bids, and to accept the bid deemed, in the opinion of the Board, to be in the best interest of Archuleta County.

Published July 12 and 19, 2012 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2012-049

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

On May 2, 2012, 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) Mark A. Edrington and Tonya K. Edrington, husband and wife

Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., acting solely as nominee for COMUNITY LENDING INCORPORATED

Current Holder of Evidence of Debt Wells Fargo Bank, N.A. successor by merger to Wells Fargo Bank Minnesota, N.A., f/k/a Norwest Bank Minnesota, N.A., solely as Trustee for Bear Stearns Asset Backed Securities I Trust Asset Backed Certificates, Series 2007-AC3

Date of Deed of Trust 1/17/2007

County of Recording Archuleta

Recording Date of Deed of Trust 1/26/2007

Recording Information(Reception Number and/or Book/Page Number) 20700853

Original Principal Amount $495,000.00

Outstanding Principal Balance $467,214.97

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

PLEASE SEE ATTACHED LEGAL DESCRIPTION

LEGAL DESCRIPTION

2012-049

TRACT I:

Lot 21 of Block 4, PAGOSA IN THE PINES, according to the plat thereof recorded March 13, 1970 as Reception No. 73014.

TRACT II:

A non-exclusive easement for ingress and egress located in Lot 22 Block 4, PAGOSA IN THE PINES, according to the plat thereof recorded March 13, 1970 as Reception No. 73014 and being more particularly described as follows:

BEGINNING at the Southeast corner of Lot 21, Block 4, Pagosa in the Pines from a found 5/8” rebar, said monument being along the westerly right-of-way of Handicap Avenue and considering the Southerly lot line of said Lot 21 to bear North 70° 22’ 28” East as shown on the recorded plat of said Pagosa in the Pines with all bearings contained herein, relative thereto:

Thence along an arc of a curve to the left along and with Handicap Avenue whose central angle is 00° 10’ 15”, whose radius is 1267.24 feet, whose chord bears South 20° 04’ 17” East, whose chord distance is 3.78 feet, an arc distance of 3.78 feet;

Thence South 38° 16’ 54” West a distance of 5.36 feet;

Thence along an arc of a curve to the right whose central angle is 67° 24’ 38”, whose radius is 42.00 feet, whose chord bears South 71° 59’ 12” West, whose chord distance is 46.61 feet, an arc distance of 49.41 feet;

Thence North 74° 18’ 29” West, a distance of 9.18 feet;

Thence North 70° 22’ 28” East, a distance of 58.60 feet to the true point of beginning.

Also known by street and number as: 507 Handicap Avenue, Pagosa Springs, CO 81147.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

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, 08/30/2012, 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 7/5/2012

Last Publication 8/2/2012

Name of Publication Pagosa Springs Sun

DATE: 05/02/2012

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, business 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 # 1616.20897

©Public Trustees’ Association of Colorado Revised 6/2011

Published July 5, 12, 19, 26 and August 2, 2012 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2012-048

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

On May 2, 2012, 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) Michael S. Baker and Connie S. Baker, husband and wife, as joint tenants with right of survivorship, their heirs and assigns forever

Original Beneficiary(ies) JPMorgan Chase Bank, N.A.

Current Holder of Evidence of Debt JPMorgan Chase Bank, National Association

Date of Deed of Trust 2/17/2010

County of Recording Archuleta

Recording Date of Deed of Trust 2/26/2010

Recording Information(Reception Number and/or Book/Page Number) 21001262

Original Principal Amount $156,524.00

Outstanding Principal Balance $152,779.82

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

LOT 298 AND 299, PAGOSA TRAILS, ACCORDING TO THE PLAT THEREOF FILED SEPTEMBER 13, 1973, AS RECEPTION NO. 74885, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.

Also known by street and number as: 264 Eldorado Pl, Pagosa Springs, CO 81147.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

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.

First Publication 7/5/2012

Last Publication 8/2/2012

Name of Publication Pagosa Springs Sun

DATE: 05/02/2012

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, business 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 # 1068.04993

©Public Trustees’ Association of Colorado Revised 6/2011

Published July 5, 12, 19, 26 and August 2, 2012 in The Pagosa Springs SUN.

_________________________________________

County Court District Court

Archuleta County, Colorado

Court Address:449 San Juan St., PO Box 148

Pagosa Springs, CO 81147

Plaintiff: DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF THE RESIDENTIAL ASSET SECURITIZATION TRUST 2007A3

Defendants: RALPH RUSTAD, also known as RALPH B. RUSTAD; SYLVIA RUSTAD, also known as SYLVIA S. RUSTAD; E-LOAN, INC; and BETTY DILLER, IN HER CAPACITY AS PUBLIC TRUSTEE OF ARCHULETA COUNTY, COLORADO.

Case No.: 12 CV 50

Attorney for Plaintiff

Brown, Schottelkotte, Stimpert & Vaughn, LLC

James D. Brown

550 Palmer Street, Suite 201

P.O. Box 43, Delta, CO 81416

Phone No.: 970-874-4451

Email: jim@brownlawllc.com

FAX No.: 970-874-7433

Atty. Reg. #: 4759

SUMMONS BY PUBLICATION

THE PEOPLE OF THE STATE OF COLORADO

TO THE FOLLOWING DEFENDANTS IN THIS ACTION:

RALPH RUSTAD AND SYLVIA RUSTAD:

You are summoned and required to appear and defend against the claims of the First Amended 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 35 days after service of this summons upon you. Service of this summons shall be complete on the day of the last publication. A copy of the First Amended Complaint, and District Court Cover Sheet, may be obtained from the clerk of this court.

If you fail to file your answer or other response to the Complaint in writing within 35 days after the date of last publication, judgment by default may be rendered against you by the court for the relief demanded in the Complaint, without any further notice to you.

This is an action to quiet title to the following described real property located in Archuleta County, Colorado:

Lot 17 in Lakewood Village, according to the plat thereof recorded April 30, 1979, as Reception No. 94867 in the office of the Clerk and Recorder. Archuleta County, Colorado.

Also known as: 240 Woodsman Dr., Pagosa Springs, CO 81147.

Dated: _____________, 2012.

BROWN, SCHOTTELKOTTE,

STIMPERT & VAUGHN, LLC

/s/ James D. Brown

By James D. Brown, Regis. No. 4759

Attorneys for Plaintiff

Publish in the: The Pagosa Springs Sun

Once each week for five successive weeks

First Publication: 7-5-12 Thursday

Last Publication: 8-2-12 Thursday

Published July 5, 12, 19, 26 and August 2, 2012 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2012-050

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

On May 2, 2012, 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) Joseph Rivas, Jr. and Guadalupe Rivas

Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc. acting solely as nominee for Sterling National Mortgage Co. Inc.

Current Holder of Evidence of Debt Wells Fargo Bank, NA

Date of Deed of Trust 10/24/2009

County of Recording Archuleta

Recording Date of Deed of Trust 11/3/2009

Recording Information(Reception Number and/or Book/Page Number) 20908858

Original Principal Amount $322,262.00

Outstanding Principal Balance $312,929.53

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

LOT 352 IN LAKE FOREST ESTATES, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD JUNE 4, 1973 AS RECEPTION NO. 77869.

Also known by street and number as: 270 Periwinkle Drive, Pagosa Springs, CO 81147.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

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.

First Publication 7/5/2012

Last Publication 8/2/2012

Name of Publication Pagosa Springs Sun

DATE: 05/02/2012

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, business 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 # 9105.03955

©Public Trustees’ Association of Colorado Revised 6/2011

Published July 5, 12, 19, 26 and August 2, 2012 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2012-051

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

On May 2, 2012, 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) Thomas Fred Hampton, III

Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., as nominee for Prestige Capital Funding Inc.

Current Holder of Evidence of Debt Bank of America, N.A.

Date of Deed of Trust 4/24/2008

County of Recording Archuleta

Recording Date of Deed of Trust 4/29/2008

Recording Information(Reception Number and/or Book/Page Number) 20803072

Original Principal Amount $206,045.00

Outstanding Principal Balance $210,244.50

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

LOT 74 AND 75 IN PAGOSA TRAILS, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD SEPTEMBER 13, 1971 AS RECEPTION NO. 74885, COUNTY OF ARCULETA, STATE OF COLORADO

Also known by street and number as: 430 Trails Boulevard, Pagosa Springs, CO 81147.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

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.

First Publication 7/5/2012

Last Publication 8/2/2012

Name of Publication Pagosa Springs Sun

DATE: 05/02/2012

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, business 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 # 12-05218

©Public Trustees’ Association of Colorado Revised 6/2011

Published July 5, 12, 19, 26 and August 2, 2012 in The Pagosa Springs SUN.

_________________________________________

NOTICE OF FINAL SETTLEMENT

PROJECT #MTCE R500-127

PROJECT ID #18831

In accordance with the notice provisions contained in 38-26-107 C.R.S. 1973 as amended, the DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO has established July 27, 2012 as the date of final settlement date with Roadsafe Traffic Systems, Inc. for Project #MTCE R500-127, Project ID #18831, in La Plata, Montezuma, Archuleta, Rio Grande, Mineral, Conejos, Chaffee, Saguache, Gunnison, San Miguel, Ouray, Montrose, and San Juan Counties. Work consists of epoxy striping on various highways.

Claims containing a verified statement of the amounts due and unpaid must be in the form of a written affidavit and must be received by the CONTROLLER, Department of Transportation at 4201 E. Arkansas Avenue, Denver, Colorado, 80222, on or before 5:00 p.m. of the final settlement date above.

Timothy J. Harris, P.E., Chief Engineer, Department of Transportation

Published July 5 and 12, 2012 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

Dennette A Barquist

453 Carlee Place

Pagosa Springs, CO 81147

You and each of you are hereby notified that on the 14th day of November, 2008, the then County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to

Mark Gorman

the following described real estate situate in the County of Archuleta, State of Colorado, to-wit:

Legal Description: CHRIS MTN VILLAGE 2 Lot: 214-215 CMV 2 Sec: 25 Twn: 35 Rng: 2.5W.

Schedule # 569525204007 Account # R004520

TSC # 2007-060

and said County Treasurer issued a certificate of purchase therefore to Mark Gorman.

That said tax lien sale was made to satisfy the delinquent property (and special assessment) taxes assessed against said real estate for the year 2007.

That said real estate was taxed or specially assessed in the name(s) of Dennette A Barquist for said year 2007.

That said Mark Gorman on the 7th day of May, 2012, 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 Mark Gorman at 8:00 o’clock AM, on the 12th day of September, 2012, 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 18th day of May, A.D. 2012

/s/ Betty A. Diller, Archuleta County Treasurer

Published July 5, 12 and 19, 2012 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

Tamera V Peschon

4327 Columbia

Pasadena, TX 77504

You and each of you are hereby notified that on the 16th day of November, 2007, the then County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to

Mark Gorman

the following described real estate situate in the County of Archuleta, State of Colorado, to-wit:

Legal Description: ASPEN SPRINGS SUB 4 Block: 8 Lot: 48 AS 4 Sec: 11 Twn: 34 Rng: 3W.

Schedule # 569311411031 Account # R003390

TSC # 2006-049

and said County Treasurer issued a certificate of purchase therefore to Mark Gorman.

That said tax lien sale was made to satisfy the delinquent property (and special assessment) taxes assessed against said real estate for the year 2006.

That said real estate was taxed or specially assessed in the name(s) of Tamera V Peschon for said year 2006.

That said Mark Gorman on the 7th day of May, 2012, 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 Mark Gorman

at 8:00 o’clock AM, on the 12th day of September, 2012, 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 18th day of May, A.D. 2012.

/s/ Betty A. Diller, Archuleta County Treasurer

Published July 5, 12 and 19, 2012 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

Rizk Saad & John Wells

PO Box 12369

Tamuning, GU 96911

You and each of you are hereby notified that on the 14th day of November, 2008, the then

County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to

Mark Gorman

the following described real estate situate in the County of Archuleta, State of Colorado, to-wit:

Legal Description: PAGOSA IN PINES 2 Lot: 2 PIP 2 Sec: 16 Twn: 35 Rng: 2W.

Schedule # 569916205002 Account # R007442

TSC # 2007-062

and said County Treasurer issued a certificate of purchase therefore to Mark Gorman.

That said tax lien sale was made to satisfy the delinquent property (and special assessment) taxes assessed against said real estate for the year 2007.

That said real estate was taxed or specially assessed in the name(s) of Rizk Saad & John Wells for said year 2007.

That said Mark Gorman on the 7th day of May, 2012, 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 Mark Gorman at 8:00 o’clock AM, on the 12th day of September, 2012, 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 18th day of May, A.D. 2012.

/s/ Betty A. Diller, Archuleta County Treasurer

Published July 5, 12 and 19, 2012 in The Pagosa Springs SUN.

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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

Defendant(s):

ROBERT L. BIGGER, JUDY GARCIA-BIGGER, JEFF DAVIS, CYNTHIA DAVIS, JOSHUA E. DURAN, ERMINDA DURAN, ARTHUR W. EYMAN, ROBERTA EYMAN, MARKEL L. FRANKLIN, MYRA K. FRANKLIN, JULIUS GARCIA, CHRISTINE M. HENSLEY, LAWRENCE KARMAN, MYRON K. OSBORN AND KAROLYN K. OSBORN

Case Number: 2011-CV-219

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., 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 February 7, 2012, 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, Esq., Reg. No. 010629; Shand, Newbold & Chapman, P.C., 150 East 9th Street, Suite 400, Durango, Colorado 81301; (970) 247-3091.

1. As to Defendants Robert L. Bigger and Judy Garcia-Bigger (Contract #17-0711881), the property is described as:

Unit Week Number 6, Unit Number 7117, Building Number 5, in “ELK RUN TOWNHOUSES”, according to and as located on the recorded Map thereof filed for record December 1, 1987 as Reception No. 151975 and as Ratified by instrument recorded December 11, 1987 as Reception No. 152267, 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 December 16, 2007, and recorded on May 7, 2008 at Reception 20803397. The outstanding balance due and owning on such judgment is:

Original Principal: $11,246.98 Unpaid Principal: $10,050.65

Interest at 15%: $941.73 Late Fees: $125.00

Costs: $341.78 Attorney Fees: $1,100.00

Judgment Total: $14,093.08

2. As to Defendants Joshua E. Duran and Erminda Duran (Contract #17-0300628), the property is described as:

A 154,000/63,185,500 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 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 February 8, 2003, and recorded on August 20, 2003 at Reception 20308314. The outstanding balance due and owning on such judgment is:

Original Principal: $13,854.15 Unpaid Principal: $4,173.91

Interest at 15%: $391.09 Late Fees: $145.00

Costs: $362.80 Attorney Fees: $1,100.00

Judgment Total: $7,441.21

3. As to Defendants Arthur W. Eyman and Roberta Eyman (Contract #17-0303911), 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 May 24, 2003, and recorded on August 23, 2004 at Reception 20407465. The outstanding balance due and owning on such judgment is:

Original Principal: $9,009.15 Unpaid Principal: $2,423.36

Interest at 15%: $227.07 Late Fees: $120.00

Costs: $362.80 Attorney Fees: $1,100.00

Judgment Total: $4,843.48

4. As to Defendants Markel L. Franklin and Myra K. Franklin (Contract #17-0304745), the property is described as:

A 78,000/62,896,000 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 78,000 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 9, 2003, and recorded on January 8, 2004 at Reception 20400378. The outstanding balance due and owning on such judgment is:

Original Principal: $8,414.15 Unpaid Principal: $3,172.93

Interest at 15%: $297.30 Late Fees: $170.00

Costs: $331.78 Attorney Fees: $1,100.00

Judgment Total: $6,363.98

5. As to Defendant Julius Garcia (Contract #17-0402929), the property is described as:

A 210,000/17,743,000 undivided fee simple absolute interest in Units 7821-7822 in Building 11, as tenants in common with the other undivided interest owners of said building of PEREGRINE TOWNHOUSES PHASE IV, as depicted on the Plat recorded at Reception Number 98002629, subject to Declaration of Protective Covenants and Interval Ownership for Peregrine Townhouses recorded at Reception Number 173556, First Supplemental Declaration recorded April 8, 1998 as Reception No. 98002628 and any amendments and supplements thereto, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

with the Mortgage being dated May 2, 2004, and recorded on December 15, 2004 at Reception 20411966. The outstanding balance due and owning on such judgment is:

Original Principal: $20,366.65 Unpaid Principal: $17,617.53

Interest at 15%: $1,650.74 Late Fees: $215.00

Costs: $362.80 Attorney Fees: $1,100.00

Judgment Total: $33,015.32

6. As to Defendant Christine M. Hensley (Contract #17-0502355), the property is described as:

A 154,000/60,310,500 undivided fee simple absolute ownership interest in Units 1211, 1212, 1213, 1214, 1215, 1216, 1221, 1224, 1225 and 1226 in Building 12, as tenants in common with the other undivided interest owners of said building of TEAL LANDING CONDOMINIUM - PHASE TWO - AS BUILT BUILDING 12, as depicted on the Plat recorded as Reception No. 20105650, 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, and First Supplemental Declaration recorded as Reception No. 20105651 and any and all amendments and supplements 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 March 23, 2005, and recorded on June 24, 2005 at Reception 20506246. The outstanding balance due and owning on such judgment is:

Original Principal: $15,686.65 Unpaid Principal: $10,372.30

Interest at 15%: $971.87 Late Fees: $115.00

Costs: $239.78 Attorney Fees: $1,100.00

Judgment Total: $14,723.34

7. As to Defendant Lawrence Karman (Contract #17-0803480), the property is described as:

A 182,000/35,486,000 undivided fee simple absolute interest in Units 7807-7810 in Buildings 4 and 5, as tenants in common with the other undivided interest owners of said buildings of PEREGRINE TOWNHOUSES PHASE II, as depicted on the Plat recorded at Reception Number 173554, subject to Declaration of Protective Covenants and Interval Ownership for Peregrine Townhouses recorded at Reception Number 173556, and any amendments and supplements thereto, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

with the Mortgage being dated May 26, 2008, and recorded on August 12, 2008 at Reception 20806241. The outstanding balance due and owning on such judgment is:

Original Principal: $22,544.10 Unpaid Principal: $21,360.56

Interest at 15%: $2,001.46 Late Fees: $150.00

Costs: $362.80 Attorney Fees: $1,100.00

Judgment Total: $30,602.36

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, August 22, 2012, 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 9th day of May, 2012 at Pagosa Springs, Colorado.

/s/ Peter L. Gonzalez, Sheriff,

Peter L. Gonzalez

Archuleta County, Colorado

SALE DATE: WEDNESDAY, AUGUST 22, 2012 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.

Published in The Pagosa Springs Sun

Colorado 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.

Data:WP:1941:378:027 Bigger 2011CV219:Pleadings:Sheriff’s Combined Notice.doc

Published June 28, July 5, 12, 19 and 26, 2012 The Pagosa Springs SUN.

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COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2012-045

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

On April 16, 2012, 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) Sally M. High and Jerome C. Smith, Wife and Husband not in tenancy in common but in joint tenancy Original Beneficiary(ies)

Mortgage Electronic Registration Systems, Inc., as nominee for Assurity Financial Sevices, LLC

Current Holder of Evidence of Debt GMAC Mortgage, LLC

Date of Deed of Trust 9/22/2008

County of Recording Archuleta

Recording Date of Deed of Trust 10/8/2008

Recording Information(Reception Number and/or Book/Page Number) 20808027

Original Principal Amount $344,000.00

Outstanding Principal Balance $343,929.33

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE

EXHIBIT A

2012-04 5

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF Archuleta, STATE OF Colorado, AND IS DESCRIBED AS FOLLOWS:

LOT 672, TWTNCREEK VILLAGE, ACCORDING TO THE PLAT THEREOF FILED NOVEMBER 5, 1973, AS RECEPTION NO. 78739, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.

ALSO KNOWN BY STREET AND NUMBER AS: 25 MONARCH COURT, PAGOSA SPRINGS, CO 81147 SUCCESSOR’S SCHEDULE OR PARCEL NUMBER.

TOGETHER WITH ALL AND SINGULAR THE HEREDITAMENTS AND APPURTENANCES THEREUNTO BELONGING, OR IN ANYWISE APPERTAINING, THE REVERSION AND REVERSIONS, REMAINDER AND REMAINDERS, RENTS, ISSUES AND PROFITS THEREOF, AND ALL THE ESTATE, RIGHT, TITLE, INTEREST, CLAIM AND DEMAND WHATSOEVER OF THE GRANTOR, EITHER IN LAW OR EQUITY, OF , IN AND TO THE ABOVE BARGAINED PREMISES, WITH THE HEREDITAMENTS AND APPURTENANCES;

Commonly known as 25 Monarch Court, Pagosa Springs, CO 81147

However, by showing this address no additional coverage is provided

Also known by street and number as: 25 Monarch Court, Pagosa Springs, CO 81147.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

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, 08/16/2012, 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 6/21/2012

Last Publication 7/19/2012

Name of Publication Pagosa Springs Sun

DATE: 04/16/2012

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, business 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 # 12-00553

Published June 21, 28, July 5, 12 and 19, 2012 in The Pagosa Springs SUN.

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