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COMBINED NOTICE - RESTART - PUBLICATION
CRS §38-38-109(2)(b)(II) FORECLOSURE
SALE NO. 2012-041
Republished to restart foreclosure stayed by bankruptcy and reset sale date.
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On August 9, 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) JEFFRY T. WATERS and VERLENE S. WATERS, HUSBAND AND WIFE
Original Beneficiary(ies) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR WESTSTAR MORTGAGE CORPORATION
Current Holder of Evidence of Debt WESTSTAR MORTGAGE CORPORATION
Date of Deed of Trust 10/9/2009
County of Recording Archuleta
Recording Date of Deed of Trust 10/13/2009
Recording Information(Reception Number and/or Book/Page Number) 20908130
Original Principal Amount $127,645.00
Outstanding Principal Balance $124,623.69
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 FOLLOWING DESCRIBED PROPERTY LOCATED IN ARCHULETA COUNTY, COLORADO:
LOT 9 OF BLOCK 24 IN ASPEN SPRINGS SUBDIVISION NO.4, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD AUGUST 20, 1971 AS RECEPTION NO. 74785.
MOBILE/MANUFACTURED HOME DESCRIPTION: CAVCO, GS-3 562K, 2008.
CAVAZLPO7-17326U, CAVAZLPO7-17326X
BORROWER, BEING THE TRUE AND LAWFUL OWNER OF RECORD OF THE MOBILE/MANUFACTURED HOME BEING MORTGAGED WITH THE PROPERTY,
DECLARES THAT IT IS BORROWER’S INTENT THAT THE MOBILE/MANUFACTURED HOME LOSE ITS NATURE AS PERSONALTY AND BECOME REALTY. BORROWER
FURTHER DECLARES THAT THE MOBILE/MANUFACTURED HOME IS AN IMPROVEMENT TO THE LAND AND AN IMMOVABLE FIXTURE, WHICH SHALL REMAIN PERMANENTLY ATTACHED AS A PART OF THE REAL PROPERTY AND WILL NOT BE REMOVED THEREFROM.
Also known by street and number as: 956 BEUCLER LANE, 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, 12/06/2012, 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 10/11/2012
Last Publication 11/8/2012
Name of Publication Pagosa Springs Sun
DATE: 08/09/2012
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:
Lynn M. Janeway #15592
Janeway Law Firm, P. C. 19201 East Main St., Suite 205, Parker, CO 80134-9092 (303) 706-9990
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 # 14003
©Public Trustees’ Association of Colorado Revised 6/2011
Published October 11, 18, 25, November 1 and 8, 2012 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE - PUBLICATION
CRS §38-38-103 FORECLOSURE
SALE NO. 2012-078
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On August 3, 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) Kenneth Leslie Milliken and Carol M Milliken
Original Beneficiary(ies) Bank of America, N.A.
Current Holder of Evidence of Debt Bank of America, N.A.
Date of Deed of Trust 11/3/2003
County of Recording Archuleta
Recording Date of Deed of Trust 11/3/2003
Recording Information(Reception Number and/or Book/Page Number) 20311462
Original Principal Amount $201,000.00
Outstanding Principal Balance $175,018.85
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.
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
EXHIBIT A
Lot 130, North Village Lake, according to the plat thereof filed March 16, 1982 as Reception No. 109817, and correction plat filed September 30, 1982 as Reception No. 112864 and affidavit of correction of plat recorded April 4, 1983, in Book 197 Page 366, all in the office of the Clerk and Recorder, Archuleta County, Colorado.
Also known by street and number as: 188 Peninsula 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.
THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 12/06/2012, 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 10/11/2012
Last Publication 11/8/2012
Name of Publication Pagosa Springs Sun
DATE: 08/03/2012
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 # 12-09477
©Public Trustees’ Association of Colorado Revised 6/2011
Published October 11, 18, 25, November 1 and 8, 2012 in The Pagosa Springs swSUN.
_________________________________________
COMBINED NOTICE - PUBLICATION
CRS §38-38-103 FORECLOSURE
SALE NO. 2012-079
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On August 3, 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) Ralph Joseph Shepherd and Joann Mihotz
Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., acting solely as nominee for IndyMac Bank, F.S.B.
Current Holder of Evidence of Debt Deutsche Bank National Trust Company, as Trustee of the IndyMac INDX Mortgage Loan Trust 2006-AR11, Mortgage Pass-Through Certificates, Series 2006-AR11 under the Pooling and Servicing Agreement dated April 1, 2006
Date of Deed of Trust
County of Recording Archuleta
Recording Date of Deed of Trust 3/21/2006
Recording Information(Reception Number and/or Book/Page Number) 20602621
Original Principal Amount $135,200.00
Outstanding Principal Balance $138,603.90
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 2 OF BLOCK 23 IN ASPEN SPRINGS SUBDIVISION NO. 4, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD AUGUST 20, 1971 AS RECEPTION NO. 74785
Also known by street and number as: 98 W Beuchler Ln, 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, 12/06/2012, 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 10/11/2012
Last Publication 11/8/2012
Name of Publication Pagosa Springs Sun
DATE: 08/03/2012
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 # 3500.78445
©Public Trustees’ Association of Colorado Revised 6/2011
Published October 11, 18, 25, November 1 and 8, 2012 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE - PUBLICATION
CRS §38-38-103 FORECLOSURE
SALE NO. 2012-080
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On August 9, 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) Daniel C. Aupperle and Lisa Aupperle, Husband and Wife.
Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., as nominee for Moneyline Lending Services, Inc.
Current Holder of Evidence of Debt Wells Fargo Bank, NA
Date of Deed of Trust 11/14/2006
County of Recording Archuleta
Recording Date of Deed of Trust 12/1/2006
Recording Information(Reception Number and/or Book/Page Number) 20611654
Original Principal Amount $376,000.00
Outstanding Principal Balance $350,136.97
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.
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
EXHIBIT A
2012-080
ALL THE REAL PROPERTY, TOGETHER WITH IMPROVEMENTS, IF ANY, SITUATE, LYING AND BEING IN THE SAID COUNTY OF ARCHULETA AND STATE OF COLORADO DESCRIBED AS FOLLOWS:
LOT 696, TWINCREEK VILLAGE, ACCORDING TO THE PLAT THEREOF FILED NOVEMBER 5, 1973, AS RECEPTION NO. 78939, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.
BEING THE SAME PROPERTY CONVEYED TO DANIEL C. AUPPERLE AND LISA AUPPERLE BY DEED FROM GIANCASPRO CONSTRUCTION, INC. RECORDED 12/02/1997 IN DOCUMENT 97009465, IN THE OFFICE OF THE CLERK AND RECORDER OF ARCHULETA COUNTY, COLORADO.
Also known by street and number as: 698 Monument 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, 12/06/2012, 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 10/11/2012
Last Publication 11/8/2012
Name of Publication Pagosa Springs Sun
DATE: 08/09/2012
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 # 12-09686
©Public Trustees’ Association of Colorado Revised 6/2011
Published October 11, 18, 25, November 1 and 8, 2012 in The Pagosa Springs SUN.
_________________________________________
DISTRICT COURT , ARCHULETA COUNTY, COLORADO
Court Address: 449 San Juan Street, Pagosa Springs, CO 81147
Plaintiff: JOHN M. RITCHEY REVOCABLE TRUST
v.
Defendants: MICHAEL LABERTEW, N.R.L.L. EAST, LLC, a Florida Limited Liability Company, NATL REC LAND LLC, a California Limited Liability Company, PERFORMANCE RESOURCES, LLC, a Nevada Limited Liability Company, BETTY A. DILLER, in her capacity as Archuleta County Public Trustee, and ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER OF THIS ACTION.
David B. Kirkpatrick #36964
960 E. 2nd Ave
Durango, CO 81301
Phone Number: 970-247-0269
FAX Number: 970-247-0277
Case Number: 2012 CV 134
Division Courtroom
SUMMONS BY PUBLICATION
TO THE ABOVE NAMED DEFENDANT: ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT MATTER OF THIS ACTION.
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-five (35) days after service of this Summons upon you. Service of this Summons will be complete on the day 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-five (35) 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 any further notice.
This is an action to quiet the title of the Plaintiff in and to the real property situated in Archuleta County, Colorado, more particularly described as follows:
Lot 72 NORTH VILLAGE LAKE, according to the plat thereof filed for record March 16, 1982 under Reception No. 109817, and Correction Plat filed for record September 30, 1982 under Reception No. 112864, and Affidavit of Correction Plat filed for record April 4, 1983 in Book 197 at Page 366, all in the office of the Clerk and Recorder, Archuleta County, Colorado.
Also known by address as: 84 Island Place, Pagosa Springs, CO 81147 (the “Subject Property”).
Dated: ________________ ____________________________
David B. Kirkpatrick #36964
Attorney for Plaintiff
THIS SUMMONS IS ISSUED PURSUANT TO RULE 4(g), COLORADO RULES OF CIVIL PROCEDURE. THIS FORM SHOULD NOT BE USED WHERE PERSONAL SERVICE IS DESIRED.
Published October 11, 18, 25, November 1 and 8, 2012 in The Pagosa Springs SUN.
_________________________________________
NOTICE OF BUDGET
(Pursuant to 29-1-106, C.R.S.)
NOTICE is hereby given that a proposed budget has been submitted to the Archuleta County Board of County Commissioners for the ensuing year of 2013; a copy of such proposed budget has been filed in the office of Archuleta County Clerk & Recorder, where the same is open for public inspection; such proposed budget will be considered at a Special meeting of the Archuleta County Board of County Commissioners to be held at Commissioners Meeting Room, Archuleta County Courthouse, 449 San Juan Street, P.O. Box 1507, Pagosa Springs, CO 81147 on Tuesday, December 11, 2012 at 3:00 PM. Any interested elector of Archuleta County may inspect the proposed budget and file or register any objections thereto at any time prior to the final adoption of the budget.
Published October 11, 2012 in The Pagosa Springs SUN.
_________________________________________
Notice is hereby given that: a proposed budget has been submitted to the Board of Directors of Los Pinos Fire Protection District for the ensuing year of 2013; a copy of such proposed budget has been filed in the office of Los Pinos Fire Protection District, where the same is open for public inspection; such proposed budget will be considered at the regular meeting of the Los Pinos Fire Protection District to be held at 275 Browning Ave., Ignacio, CO 81137 on December 10, 2012 at 6:30 p.m. Any interested elector of the Los Pinos Fire Protection District may inspect the proposed budget and file or register any objections thereto at any time prior to the final adoption of the budget.
Published October 11, 2012 in The Pagosa Springs SUN.
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PUBLIC NOTICE
The Town has received an Application for “Demolition of a Structure in Historic District” and a “Redevelopment Permit” Application for the redevelopment of the subject property, for a parking lot. The subject property is located at 480 Lewis Street, the Devore Home.
The Town Historic Preservation Board will consider a recommendation to Town Council regarding the Application for “Demolition of a Structure in Historic District” for the house on the subject property at a Public Hearing on Wednesday, October 31, 2012, at 4pm in Town Hall.
The Town Council will consider the Application for “Demolition of a Structure in Historic District” and the recommendation from the Historic Preservation Board, at a Public Hearing on Wednesday, November 07, 2012 at 5pm, in Town Hall.
The Town Planning Commission will consider a recommendation to Town Council regarding the “Redevelopment Permit” Application for the redevelopment of the subject property into a parking lot, to serve a future adjacent business, at a Public Hearing on Tuesday, November 13, 2012, at 5:15pm in Town Hall.
The Town Council will consider the “Redevelopment Permit” and the recommendation from the Planning Commission, at a Public Hearing on Wednesday, November 21, 2012 at noon, in the Town Hall.
Verbal Public comments will be accepted at each scheduled Public Hearing.
Written Public comments should be received by the Town Planning Department, 8 days prior to each scheduled public hearing, to ensure written comments are included in the board packets that are sent out 7 days prior to each scheduled public hearing. Anyone interested in more information should contact the Town Planning Department at 970-264-4151. Town Hall is located at 551 Hot Springs Blvd.
Published October 11, 2012 in The Pagosa Springs SUN.
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PUBLIC NOTICE
The Town Council will consider amending the Town’s Land Use Development Code, regarding limiting the use of Cargo Shipping Containers as accessory structures within the Town’s boundary, via the first reading of an Ordinance, at a meeting on Thursday, October 25, 2012 at noon in Town Hall, located at 551 Hot Springs Blvd. Anyone interested in more information may contact the Planning Department at 970-264-4151 x222.
Published October 11, 2012 in The Pagosa Springs SUN.
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DISTRICT COURT, WATER DIVISION 7,
COLORADO
WATER RESUME
TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 7
Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications filed in the Office of the Water Clerk during the month of September, 2012, for Archuleta County.
12CW31 Kendall & Debora McAlister, PO Box 1773, Pagosa Springs, CO 81147: McAlister Pump; Archuleta County; San Juan River; Date of original decree, 11/28/06; Case no. 06CW24; NW1/4NW/14SE1/4, Section 32, T33N, R2W, NMPM; 2034 feet from South, 2225 feet from East; San Juan River; Appropriation date, 5-31-05; Irrigation of 2.5 acres of landscape, gardens, and home orchards; Work towards completion of project outline in application; 0.1 cfs. Application for Finding of Reasonable Diligence (6 pages)
THE WATER RIGHTS CLAIMED BY THE FOREGOING APPLICATION(S) MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT AND PROTEST WITHIN THE TIME PROVIDED BY STATUTE, OR BE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of November, 2012, to file with the Water Clerk, a verified Statement of Opposition, setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP.
(Filing fee: $130.00; Forms are available through the Office of the Water Clerk or on the Judicial site at www.courts.state.co.us; Danene M. Etz, Clerk of the Water Court, 1060 E. 2nd Ave., Room 106, Durango, CO 81301-5157; 970-247-2304, Ext. 6181)
Published: before October 31, 2012 Original Signature on file
Danene M. Etz, Water Clerk
Published October 11, 2012 in The Pagosa Springs SUN.
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NOTICE OF FINAL PAYMENT
NOTICE is hereby given that the Pagosa Area Water and Sanitation District (“District”) of Archuleta County, Colorado, will make final payment at 100 Lyn Avenue, Pagosa Springs, Colorado, on October 19, 2012, at the hour of 10:00 a.m. to Norit Americas, Inc., of Marshall, Texas for all work done by said Contractor for the Granular Activated Carbon Change work performed within the District.
Any person, co-partnership, association of persons, company or corporation that has furnished labor, materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by such contractors or their subcontractors, in or about the performance of the work contracted to be done or that supplies rental machinery, tools, or equipment to the extent used in the prosecution of the work, and whose claim therefor has not been paid by the contractors or their subcontractors, at any time up to and including the time of final settlement for the work contracted to be done, is required to file a verified statement of the amount due and unpaid, and an account of such claim, to the District, whose address is, P. O. Drawer 4610, 100 Lyn Ave., Pagosa Springs, CO 81147 , on or before the date and time hereinabove shown. Failure on the part of any claimant to file such verified statement of claim prior to such final settlement will release the District, its Board of Directors, officers, agents, and employees, of and from any and all liability for such claim.
BY ORDER OF THE BOARD OF DIRECTORS
PAGOSA AREA WATER AND SANITATION DISTRICT
By: /s/ Ed Winton
Manager
Published October 11 and 18, 2012 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE - RESTART - PUBLICATION
CRS §38-38-109(2)(b)(II) FORECLOSURE
SALE NO. 2012-001
Republished to restart foreclosure stayed by bankruptcy and reset sale date.
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On July 31, 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) James P. Rappenecker
Original Beneficiary(ies) Don C. Miner, individually and as Trustee of the Don C. Miner Living Trust dated July 1, 1999
Current Holder of Evidence of Debt Don C. Miner, individually and as Trustee of the Don C. Miner Living Trust dated July 1, 1999
Date of Deed of Trust 3/15/2006
County of Recording Archuleta
Recording Date of Deed of Trust 3/15/2006
Recording Information(Reception Number and/or Book/Page Number) 20602482
Original Principal Amount $300,000.00
Outstanding Principal Balance $259,470.68
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.
See Exhibit A.
EXHIBIT “A”
TRACT I:
Lot 17, A REPLAT OF VILLAGE SERVICE COMMERCIAL, a resubdivision of a portion of Pagosa Village Service Commercial, according to the plat thereof filed for record August 7, 1975 as Reception No. 83662.
TRACT II:
That certain portion of the Private Service Road of “A Replat of Village Service Commercial” as shown on the plat of said “A Replat of Village Service Commercial” recorded August 7, 1975 as Reception No. 83662, Archuleta County, Colorado, more particularly described as follows:
BEGINNING at the Westernmost corner of Lot 17 of said “A Replat of Village Service Commercial”;
Thence South 50° 00’ 00” East along the Southwesterly line of Lot 17;
Thence South 45° 00’ 00” West along the Northerly line of Lot 28 of said “A Replat of Village Service Commercial”, a distance of 25.09 feet;
Thence North 50° 00’ 00” West continuing along said Northerly line, a distance of 16.86 feet to the Easternmost corner of Lot 19 of said “A Replat of Village Service Commercial”;
Thence continuing North 50° 00’ 00” West along the Northeasterly line of said Lot 19 a distance of 252.58 feet;
Thence North 40° 00’ 00” East, 25.00 feet to the point of beginning.
Also known by street and number as: 100 N. Pagosa Blvd, 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, 11/29/2012, 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 10/4/2012
Last Publication 11/1/2012
Name of Publication Pagosa Springs Sun
DATE: 07/31/2012
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:
William J. Darling ##32929
William J. Darling P O Box 959, Pagosa Springs, CO 81147 (970) 731-4580
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 # MI71002
©Public Trustees’ Association of Colorado Revised 6/2011
Published October 4, 11, 18, 25 and November 1, 2012 in The Pagosa Springs SUN.
_________________________________________
PUBLIC NOTICE
The Town has received a “Notice of Appeal” from Vivian and Steve Radar (Collectively the “Appellants”) regarding the Town’s “Design Review Board’s” recent approval decision on the Wal-Mart (Applicant) “Major Design Review” Application for the development of a 92,000 square foot retail/grocery store proposed to be located in phase 4 of the Aspen Village Commercial Development for lots 1, 2, 3, 4, 5 & 6. Originally scheduled for October 16, 2012, the date of the Appeal Hearing has changed. The Town Council will now hear the Appellants Appeal on Tuesday, October 23, 2012 at noon in the Ross Aragon Community Center located at 451 Hot Springs Blvd. The Town Council will hear testimony from the Appellants, Town Staff (on behalf of the Design Review Board) and possibly the Applicant, in consideration of a decision on the “Appeal”.
Published October 4, 2012 in The Pagosa Springs SUN.
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NOTICE FOR PUBLICATION
A Rezoning from Agricultural Forestry (AF) to Agricultural Ranching (AR) is proposed on a 18.89 +/- acre lot located at X County Road 600 (Section 2, Township 36, Range 3W). This property is on the Hinsdale County line.
Comments regarding this proposal may be submitted to the Archuleta County Planning Department, P.O. Box 1507, Pagosa Springs, CO 81147-1507, telephone: (970) 731-3877 prior to the public hearing by the Planning Commission on October 24, 2012 at 6:00 p.m. in the County Courthouse.? If you prefer, you may attend the public hearing and be heard.
Published October 4 and 11, 2012 in The Pagosa Springs SUN.
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The Town of Pagosa Springs is soliciting bids for San Juan River Habitat Improvement Project in Pagosa Springs, Colorado. The work shall consist of: removing accumulated sediment in the public fishing pond, gathering and transporting construction materials from several sites in Town to the project work areas, and constructing various in-stream habitat enhancement structures in the San Juan River. Bids are due by 5:00 PM on Oct 18th 2012 at the Pagosa Springs Town Hall, PO Box 1859, 551 Hot Springs Blvd in downtown Pagosa Springs. There will be a mandatory pre-bid meeting at 1:00 pm on Oct 12th at the Town of Pagosa Springs Town Hall, 551 Hot Springs Blvd in downtown Pagosa Springs. Plans and Specifications can be obtained for a non-refundable fee of $50.00 from:
Riverbend Engineering
102 3rd Street
Pagosa Springs, CO 81147
Tel. 970-264-1195(Call in advance)
Published October 4 and 11, 2012 in The Pagosa Springs SUN.
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NOTICE BY THE BOARD OF HEALTH FOR SAN JUAN BASIN HEALTH DEPT. OF PUBLIC HEARING ON RESOLUTION FOR 2011 SUPPLEMENTAL BUDGET AND APPROPRIATION
As part of the regular meeting of the Board of Health commencing at 2:00 PM on October 25, 2012 at San Juan Basin Health Dept., 502 S. 8th St., Pagosa Springs, CO, the Board of Health will hold a Public Hearing on a resolution appropriating additional sums of money to defray revenues below amounts budgeted in 2011 for San Juan Basin Health Department, a Colorado Public Health Agency.? The proposed increase appropriation is $259,031.00.
?Any interested elector of La Plata or Archuleta counties may file objection(s) to the Appropriation.? Written objections must be submitted to Joe Theine, Executive Director, 281 Sawyer Dr., Durango, CO? 81301.
Published October 4, 11, 18 and 25, 2012 in The Pagosa Springs SUN.
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DISTRICT COURT, ARCHULETA COUNTY, COLORADO
Court Address:449 San Juan Street, Pagosa Springs, CO 81147
Case No. 12 CV 141
IN THE MATTER OF THE ORGANIZATION OF COLORADO’S TIMBER RIDGE METROPOLITAN DISTRICT
Attorney: Floyd L. Smith
Address: 48 CR 250, Suite 5, Durango, CO 81301
Phone No. (970) 247-1921
Fax No. (970) 259-5224
Atty. Reg. # 8477
Email: bud@flslegal.com
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN that a Petition for Organization of a special district to be known as Colorado’s Timber Ridge Metropolitan District (“District”) was filed with this court on September 24, 2012. Notice is further given that a Service Plan and a Resolution of the Board of County Commissioners of Archuleta County, Colorado approving the Service Plan were also filed with the court. The Petition, Service Plan and Resolution are available for public inspection.
The purposes for which the District is being formed is to provide street improvement and parks and recreation services to the property and residents located within the District.
The legal description of the District, which is located entirely within Archuleta County, Colorado, is more particularly described as follows:
All property described on the Colorado’s Timber Ridge Phase One Final Plat recorded August 26, 1999 at Reception Number 99008647 in the office of the Clerk and Recorder for Archuleta County, Colorado; and
All property described on the Colorado’s Timber Ridge Phase Two final Plat recorded December 5, 2000 at Reception Number 2011528 in the office of the Clerk and Recorder for Archuleta County, Colorado; and
All property described on the Colorado’s Timber Ridge Phase Three Final Plat recorded December 4, 2001 at Reception Number 20110833 in the office of the Clerk and Recorder for Archuleta County, Colorado; and
All property described on the Colorado’s Timber Ridge Phase Four Final Plat recorded December 19, 2002 at Reception Number 20212644 in the office of the Clerk and Recorder for Archuleta County, Colorado; and
A tract of land located in Section 22, 27 and 28, Township 35 North, Range 7 West, N.M.P.M. containing 319.44 acres, identified as Archuleta County Assessor Parcel No. 569928100002.
NOTICE IS FURTHER GIVEN that, in accordance with the procedures set forth in C.R.S. §32-1-305(3), the owner of any real property within the District may file a petition with the court stating reasons why said property should not be included therein and requesting that said real property be excluded therefrom. Such petition shall be duly verified and describe the property sought to be excluded and shall be filed anytime after the filing of the Petition for Organization but no later than ten (10) days before the date of the hearing. The Court shall hear such petition for exclusion and all objections thereto at the time of the hearing on the Petition for Organization and shall determine whether, in the best public interest, said property should be excluded or included in the proposed special district.
NOTICE IS FURTHER GIVEN that by Order of this court a hearing on the Petition will be held on Monday, the 29th day of October, 2012 at 10:30 a.m. in the District Court, 2nd Floor, Archuleta County Courthouse, 449 San Juan Street, Pagosa Springs, Colorado. At such hearing any interested party may appear and be heard within the limitations provided by law.
DATED: September 25, 2012 CLERK OF THE COURT
Published October 4, 11 and 18, 2012 in The Pagosa Springs SUN.
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COMBINED NOTICE - AMENDED
FORECLOSURE SALE NO. 2012-075
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On July 26, 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) Robert G. Hart and Mary R. Hart
Original Beneficiary(ies) Wells Fargo Bank West, National Association
Current Holder of Evidence of Debt Wells Fargo Bank, National Association
Date of Deed of Trust August 28, 2006
County of Recording Archuleta
Recording Date of Deed of Trust October 02, 2006
Recording Information (Reception Number) 20609504
Original Principal Amount $350,000.00
Outstanding Principal Balance $285,733.93
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.
See Exhibit A
EXHIBIT A
LEGAL DESCRIPTION
A tract of land located in Section 30, Township 35 North, Range 1 West, N.M.P.M., Archuleta County, Colorado, which tract is more particularly described by metes and bounds as follows, to-wit:
Beginning at the Northwesterly corner of the tract herein described, whence the West Quarter corner of said Section 30, a properly marked aluminum monument replacing a found original stone, bears South 88° 35’ 04” West, 2653.81 feet distant; thence South 59° 48’ 11” East, 1728.07 feet to the Northeasterly corner of the tract herein described, a point on the Westerly right of way limit of U.S. Highway No. 84; thence South 15° 59’ 28” East, 450.00 feet along the Westerly right of way limit of said highway to its point of intersection with the South line of the North One-Half of the Southeast One-Quarter (N1/2SE1/4) said Section 30, which point of intersection is the Southeast corner of the tract herein described; thence South 89° 18’ 38” West, 400.36 feet along the South line of said North One-Half of the Southeast One-Quarter (N1/2SE1/4) Section 30 to its point of intersection with the projection of the East boundary of Lot 8, Block 4, Holiday Acres Subdivision, Unit I, the plat of which subdivision is filed as Reception Number 80067 of the records in the office of the Archuleta County Clerk and Recorder; thence South 0° 01’ 17” West, 32.85 feet to the Northeast corner of said Lot 8, Block 4; thence South 89° 53’ 33” West, 1767 feet along the North boundary of said Holiday Acres Subdivision, Unit I to the Southwest corner of the tract herein described; thence North 32° 00’ 12” East, 1052.98 feet; thence North 0° 57’ 37” West, 450.00 feet to the point of beginning.
TOGETHER WITH a nonexclusive access easement, described as follows:
A nonexclusive easement for purposes of ingress and egress, located in the South One-Half of the North One-Half (S1/2 N1/2) Section 30, Township 35 North, Range 1 West, N.M.P.M., Archuleta County, Colorado, which easement is a strip of land, 30.00 feet in width, being 15.00 feet wide on each side of the following described centerline, to-wit.
Beginning at the Northerly end center of the strip herein described, a point on the Southwesterly right of way limit of Archuleta County Road 119 (a.k.a. Light Plat Road), whence the West Quarter (W1/4) corner of said Section 30, a properly marked aluminum monument replacing found original stone, bears South 58° 23’ 28” West, 2601.44 feet distant; thence South 35° 03’ 39” West, 200.00 feet; thence 190.8 feet on the arc of a curve to the left having a radius of 258.29 feet, the long chord of which curve bears South 13° 53’ 47” West, 186.51 feet to a point of compound curvature; thence 225.1 feet on the arc of a curve to the left, having a radius of 133.36 feet, the long chord of which curve bears South 55° 37’ 47” East, 199.33 feet to a point of reverse curvature; thence 288.2 feet on the arc of a curve to the right, having a radius of 420.83 feet, the long chord of which curve bears South 84° 22’ 25” East, 282.59 feet; thence South 64 degrees 45’ 20” East, 115.00 feet; thence 252.32 feet on the arc of a curve to the right, having a radius of 185.61 feet, the long chord of which curve bears South 25° 48’ 45” East, 233.33 feet; thence South 13° 07’ 50” West, 260.68 feet; thence South 0° 57’ 37” East, 300.00 feet to the Southerly end center of the strip herein described.
It is the intent of the foregoing to describe a continuous strip of land, 30.00 feet in width, the side lines of which strip are shortened or lengthened to close upon the Southwesterly right of way limit of said Light Plant Road at the Northerly end center and the Northerly line and projection thereof of Tract 4, said Northerly line of said Tract 4, bears North 59° 48’ 11” West - South 59° 48’ 11” East, at the Southerly end.
Note: In the original deed, the legal description ends as shown above, however, it also shows “continued on next page.”
Also known by street and number as: 2297 Highway 84, 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, 11/15/2012 the date to which the sale has been continued pursuant to C.R.S. 38-38-103(2)(a), 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.
Amended First Publication 9/27/2012
Amended Last Publication 10/25/2012
Name of Publication Pagosa Springs Sun
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS SHALL BE SENT WITH ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
• A NOTICE OF INTENT TO CURE FILED PURSUANT TO SECTION 38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED;
• IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED;
• A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO SECTION 38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO MORE THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE;
DATE: 08/24/2012
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:
Timothy F. Brewer #32946
Timothy F Brewer, PC 10 Boulder Crescent suite 200, Colorado Springs, CO 80903 (719) 477-0225
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 #
©Public Trustees’ Association of Colorado Revised 9/2012
Published September 27, October 4, 11, 18 and 25, 2012 in The Pagosa Springs SUN.
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County Court
Archuleta County, Colorado
449 San Juan St.
PO Box 148
Pagosa Springs, CO 81147
Case No. 12C48
PUBLIC NOTICE OF PETITION
FOR CHANGE OF NAME
Public Notice is given on 9/21/12, that a Petition for a Change of Name of an Adult has been filed with the Archuleta Combined Court.
The Petition requests that the name of Karen Sue Henry-Schultz be changed to SilverHawk WhiteSwan.
/s/ Carol Turner
Clerk of Court
Published September 27, October 4 and 11, 2012 in The Pagosa Springs SUN.
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COMBINED NOTICE - PUBLICATION
CRS §38-38-103 FORECLOSURE
SALE NO. 2012-073
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On July 20, 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) James A. Hitchcox and Diann M. Hitchcox, as joint tenants as to an undivided 1/2 interest, William Ray Price and Angela G. Price, as joint tenants as to an undivided 1/2 interest
Original Beneficiary(ies) Mortgage Electronic Registration Systems Inc., as nominee for Lehman Brothers Bank, FSB,a Federal Savings Bank
Current Holder of Evidence of Debt CitiMortgage, Inc.
Date of Deed of Trust 10/18/2002
County of Recording Archuleta
Recording Date of Deed of Trust 10/24/2002
Recording Information(Reception Number and/or Book/Page Number) 20210222
Original Principal Amount $720,000.00
Outstanding Principal Balance $700,473.02
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.
SEE EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.
EXHIBIT A
A tract of land located in the West Half of the Northwest Quarter (W1/2 NW1/4) of Section 33, Township 35 North, Range 1 West, N.M.PM., Archuleta County, Colorado, being more particularly described as follows, to-wit:
Beginning at the Northwest corner of the herein described tract of land, said corner being also the Northwest corner of said Section 33; thence East 1316.48 feet to the Northeast corner of the herein described tract of land; thence South 00° 42’ West, a distance of 1333.65 feet; thence South 89° 56’ 14” West, a distance of 375.00 feet; thence South 01° 34’ 41” East, a distance of 1209.86 feet to the Southeast corner of the herein described tract of land; thence North 79° 11’ West, a distance of 386.26 feet; thence North 56° 57’ West, a distance of 268.00 feet; thence North 44° 36’ 30” West, a distance of 540.34 feet to the Southwest corner of the herein described tract of land; thence North 00° 44’ East, a distance of 1940.20 feet to the Northwest corner of the herein described tract of land and the Point of Beginning.
Also known by street and number as: 1360 Terry Robinson Rd, 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, 11/15/2012, 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 9/20/2012
Last Publication 10/18/2012
Name of Publication Pagosa Springs Sun
DATE: 07/20/2012
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 # 05-19329R
©Public Trustees’ Association of Colorado Revised 6/2011
Published September 20, 27, October 4, 11 and 18, 2012 in The Pagosa Springs SUN.
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COMBINED NOTICE - PUBLICATION
CRS §38-38-103 FORECLOSURE
SALE NO. 2011-137
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On July 17, 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) Rick Unger and Jody Unger, Husband & Wife
Original Beneficiary(ies) FIRST HORIZON HOME LOAN CORPORATION
Current Holder of Evidence of Debt EverBank
Date of Deed of Trust 7/1/2003
County of Recording Archuleta
Recording Date of Deed of Trust 7/15/2003
Recording Information(Reception Number and/or Book/Page Number) 20306923
Original Principal Amount $266,500.00
Outstanding Principal Balance $223,740.10
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 110, PAGOSA MEADOWS UNIT TWO, ACCORDING TO THE PLAT THEREOF FILED SEPTEMBER 13, 1971, AS RECEPTION NO. 74883, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.
Also known by street and number as: 328 Rifle 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.
THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 11/15/2012, 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 9/20/2012
Last Publication 10/18/2012
Name of Publication Pagosa Springs Sun
DATE: 07/17/2012
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 # 4380.01223
©Public Trustees’ Association of Colorado Revised 6/2011
Published September 20, 27, October 4, 11 and 18, 2012 in The Pagosa Springs SUN.
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COMBINED NOTICE - AMENDED - PUBLICATION
FORECLOSURE
SALE NO. 2012-069
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On July 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) Stacey Lock
Original Beneficiary(ies) Guaranteed Rate, Inc., a Delaware Corporation
Current Holder of Evidence of Debt The Bank of New York Mellon F/K/A The Bank of New York, As Trustee For The Certificate Holders of the CWABS, Inc., Asset-Backed Certificates, Series 2007-6
Date of Deed of Trust February 12, 2010
County of Recording Archuleta
Recording Date of Deed of Trust November 09, 2010
Recording Information (Reception Number) 21007884
Original Principal Amount $410,000.00
Outstanding Principal Balance $473,494.14
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 109 PAGOSA MEADOWS UNIT THREE, ACCORDING TO THE PLAT THEREOF FILED MAY 23, 1972, AS RECEPTION NO. 75834, IN THE OFFICE OF CLERK AND RECORDER,
ARCHULETA COUNTY, COLORADO -
A.P,N. 5699—311—01—009
Also known by street and number as: 66 Carino 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.
THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 11/08/2012 the date to which the sale has been continued pursuant to C.R.S. 38-38-103(2)(a), 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.
Amended First Publication 9/20/2012
Amended Last Publication 10/18/2012
Name of Publication Pagosa Springs Sun
• IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED;
DATE: 08/24/2012
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:
Lynn M. Janeway #15592
Janeway Law Firm, P. C. 19201 East Main St., Suite 205, Parker, CO 80134-9092 (303) 706-9990
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 # 14605
©Public Trustees’ Association of Colorado Revised 9/2012
Published September 20, 27, October 4, 11 and 18, 2012 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE - PUBLICATION
CRS §38-38-103 FORECLOSURE
SALE NO. 2012-074
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On July 18, 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) Donald A Parker and Margaret M Parker
Original Beneficiary(ies) Wells Fargo Bank, National Association
Current Holder of Evidence of Debt Wells Fargo Bank, National Association
Date of Deed of Trust 5/13/2008
County of Recording Archuleta
Recording Date of Deed of Trust 6/2/2008
Recording Information(Reception Number and/or Book/Page Number) 20804071
Original Principal Amount $108,750.00
Outstanding Principal Balance $105,020.50
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.
Unit 3, Building B, Greenbrier Plaza Condominiums - Phase II, according to the Condominium Map thereof filed November 18, 1997 as Reception No. 97009046, and as defined and described in Declaration of Covenants, Conditions, and Restrictions, Establishing a Plan for Condominium Ownership for the Greenbrier Plaza Condominiums Phase I recorded May 1, 1997 as Reception No. 97002714 and Amendment to said Declaration recorded November 18, 1997 at Reception No. 97009043, and Supplemental Declaration Establishing a Plan for a Condominium Ownership of the Greenbrier Plaza Condominiums Phase II recorded November 18, 1997 as Reception No. 97009047, all in the office of the Clerk and Recorder, Archuleta County Colorado. Together with: (b) all easements, rights-of-way and rights used in connection with or as a means of access to any portion of said real property; (c) all tenements, hereditaments and appurtenances thereof and thereto; (d) all right, title and interest of Trustor, now owned or hereafter acquired, in and to any land lying within the right-of-way of any street, open or proposed, adjoining said real property, and any and all sidewalks, alleys and strips and gores of land adjacent to or used in connection with said real property; (e) all buildings, improvements and landscaping now or hereafter erected or located on said real property; (f) all development rights, governmental or quasi-governmental licenses, permits or approvals, zoning rights and other similar rights or interest which relate to the development, use or operation of, or that benefit or are appurtenant to said real property; (g) all minieral rights, oil and gas rights, air rights, water or water rights, including without limitation, all wells, canals, ditches and reservoirs of any nature and all rights thereto, appurtenant to or assoicated with said real property, whether decreed or undecreed, tributary or non-tributary, surface or underground, appropriated or unappropriated, and all shares of stock in any water, canal, ditch or reservoir company, and all well permits, water service contracts, drainage rights and other evidences of any such rights; and (h) all interest or estate which Trustor now has or may hereafter acquire in said real property and all addtitions and accretions thereto, and all awards or payments made for the taking of all or any portion of said real property by eminent domain or any proceeding or purchase in lieu thereof, or any damage to any portion of said real property (collectively, the “Subject Property”).
Also known by street and number as: 301 North Pagosa Blvd B3, 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, 11/15/2012, 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 9/20/2012
Last Publication 10/18/2012
Name of Publication Pagosa Springs Sun
DATE: 07/18/2012
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:
Timothy F Brewer, PC 10 Boulder Crescent suite 200, Colorado Springs, CO 80903 (719) 477-0225
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 #
©Public Trustees’ Association of Colorado Revised 6/2011
Published September 20, 27, October 4, 11 and 18, 2012 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE - PUBLICATION
CRS §38-38-103 FORECLOSURE
SALE NO. 2012-076
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On July 26, 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) Steven R Rader
Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., as nominee for GreenPoint Mortgage Funding, Inc.
Current Holder of Evidence of Debt U.S. BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TO WACHOVIA BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF MASTR ALTERNATIVE LOAN TRUST 2004-1, MORTGAGE PASS THROUGH CERTIFICATES,SERIES 2004-1
Date of Deed of Trust 10/8/2003
County of Recording Archuleta
Recording Date of Deed of Trust 10/15/2003
Recording Information(Reception Number and/or Book/Page Number) 20310683
Original Principal Amount $630,000.00
Outstanding Principal Balance $595,245.50
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.
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
EXHIBIT A
THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (N1/2 SW1/4 SE1/4 NE1/4) AND THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER (S1/2 NW1/4 SE1/4 NE1/4) SECTION 21, TOWNSHIP 35 NORTH, RANGE 2 WEST, N.M.P.M., ARCHULETA COUNTY, COLORADO.
Also known by street and number as: 47 Bennett CT, 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, 11/15/2012, 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 9/20/2012
Last Publication 10/18/2012
Name of Publication Pagosa Springs Sun
DATE: 07/26/2012
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 # 09-23886R
©Public Trustees’ Association of Colorado Revised 6/2011
Published September 20, 27, October 4, 11 and 18, 2012 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE - PUBLICATION
CRS §38-38-103 FORECLOSURE
SALE NO. 2012-077
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On July 26, 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) Michel E Marchand Elizabeth A Marchand
Original Beneficiary(ies) Bank of America, N. A.
Current Holder of Evidence of Debt M&T Bank
Date of Deed of Trust 11/20/2009
County of Recording Archuleta
Recording Date of Deed of Trust 12/15/2009
Recording Information(Reception Number and/or Book/Page Number) 20909899
Original Principal Amount $339,200.00
Outstanding Principal Balance $388,734.70
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 56, Pagosa Meadows, according to the plat thereof filed June 1, 1970, as Reception No. 73220, in the office of the Clerk and Recorder, County of Archuleta, State of Colorado.
Also known by street and number as: 122 Paciente Pl, Pagosa Springs, CO 81147-7623.
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, 11/15/2012, 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 9/20/2012
Last Publication 10/18/2012
Name of Publication Pagosa Springs Sun
DATE: 07/26/2012
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 # 12-8968
©Public Trustees’ Association of Colorado Revised 6/2011
Published September 20, 27, October 4, 11 and 18, 2012 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE - PUBLICATION
CRS §38-38-103 FORECLOSURE
SALE NO. 2012-070
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On July 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) Lara L Greenamyer Wade and Eric Wade
Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., acting solely as
nominee for IndyMac Bank, F.S.B.
Current Holder of Evidence of Debt Deutsche Bank National Trust Company, as Trustee of the
IndyMac INDX Mortgage Loan Trust 2005-AR18, Mortgage
Pass-Through Certificates, Series 2005-AR18 under the Pooling
and Servicing Agreement dated September 1, 2005
Date of Deed of Trust 6/30/2005
County of Recording Archuleta
Recording Date of Deed of Trust 7/8/2005
Recording Information(Reception Number and/or Book/Page Number) 20506760
Original Principal Amount $260,000.00
Outstanding Principal Balance $259,825.66
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 192, LAKE FOREST ESTATES, ACCORDING TO THE PLAT THEREOF FILED JUNE 4, 1973 AS RECEPTION NO. 77869 IN THE
OFFICE OF THE CLERK AND RECORDER, COUNTY OF ARCHULETA, STATE OF COLORADO
Also known by street and number as: 195 Wilderness Dr, Pagosa Springs, CO 81147-5293.
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, 11/08/2012, 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 9/13/2012
Last Publication 10/11/2012
Name of Publication Pagosa Springs Sun
DATE: 07/10/2012
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:
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 # 3500.01262
©Public Trustees’ Association of Colorado Revised 6/2011
Published September 13, 20, 27, October 4 and 11, 2012 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE - PUBLICATION
CRS §38-38-103 FORECLOSURE
SALE NO. 2012-071
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On July 11, 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) Healthy Drugstore, Inc
Original Beneficiary(ies) Pine River Valley Bank
Current Holder of Evidence of Debt Pine River Valley Bank
Date of Deed of Trust 3/31/2010
County of Recording Archuleta
Recording Date of Deed of Trust 4/19/2010
Recording Information(Reception Number and/or Book/Page Number) 21002544
Original Principal Amount $200,000.00
Outstanding Principal Balance $241,349.83
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.
THAT PORTION OF LOT 26, BLOCK 21, TOWN OF PAGOSA SPRINGS, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 25; THENCE NORTH 48 35’ WEST 145.67 FEET; THENCE NORTH 41 25’ EAST 0.33 FEET; THENCE NORTH 48 35’ WEST 4.33 FEET; THENCE NORTH 41 25’ EAST 24.67 FEET; THENCE SOUTH 48 35’ EAST 150.00 FEET; THENCE SOUTH 41 25’ WEST 25.0 FEET TO THE POINT OF BEGINNING
TOGETHER WILL ALL RIGHTS, EASEMENTS, APPURTENANCES, ROYALTIES, MINERAL RIGHTS, OIL AND GAS RIGHTS, CROPS, TIMBER, ALL DIVERSION PAYMENTS OR THIRD PARTY PAYMENTS MADE TO CROP PRODUCERS, ALL WATER AND RIPARIAN RIGHTS, WELLS, DITCHES, RESERVOIRS AND WATER STOCK AND ALL EXISTING AND FUTURE IMPROVEMENTS, STRUCTURES, FIXTURES, AND REPLACEMENTS THAT MAY NO, OR AT ANY TIME IN THE FUTURE, BE PART OF THE REAL ESTATE DESCRIBED.
Also known by street and number as: 426 Pagosa Street, 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, 11/08/2012, 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 9/13/2012
Last Publication 10/11/2012
Name of Publication Pagosa Springs Sun
DATE: 07/11/2012
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:
Thomas P. Dugan, Esq. #13576
Dugan & Associates, P.C. Attorneys at Law, 900 Main Avenue, Suite A, Durango, CO 81301 (970) 259-1770
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 # 03/31/2010
©Public Trustees’ Association of Colorado Revised 6/2011
Published September 13, 20, 27, October 4 and 11, 2012 in The Pagosa Springs SUN.
_________________________________________
District Court ARCHULETA County, Colorado
Court Address: 449 San Juan St/PO Box 148 Pagosa Springs, CO 81147
Plaintiff(s)/Petitioner(s): LEROY ORTIZ
v.
Defendant(s)/Respondent(s): RAY EDWARD CURTIS AND GI
Attorney or Party Without Attorney (Name and Address):
Leroy Ortiz 3112 Vega Verde SW Albuquerque, NM 87105
Phone Number: 505-873-3564 E-mail: ortiz.leroy@yahoo.com
Case Number 12CV83
SUMMONS BY PUBLICATION
THE PEOPLE OF THE STATE OF COLORADO
TO THE ABOVE-NAMED DEFENDENT(S):
You are hereby summoned and required to appear and defend against the claims of the complaint (petition) 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 the service of this summons upon you. Service of this summons shall be complete on the day of the last publication. A copy of the complaint (petition) may be obtained from the clerk of the court.
If you fail to file your answer or other response to the complaint (petition) in writing within 35 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 (petition) without further notice.
This is an action: to quiet title of the Plaintiff in and to the real property situated in Archuleta County, CO more particularly on Exhibit A, attached to and made a part of this Summons by reference.
Exhibit A
Lots 1 and 2 Block 1, Piedra Park Subdivision No. 4, according to the plat thereof filed April 2, 1962, as Reception No. 62079, in the office of the Clerk and Recorder, Archuleta County, Colorado.
Physical Address: 278 and 302 White Tail, Pagosa Springs, Co. 81147
Dated: August 30, 2012
/s/ Suellen Loher
Deputy Clerk
Published September 13, 20, 27, October 4 and 11, 2012 in The Pagosa Springs SUN.
_________________________________________
DISTRICT COURT, ARCHULETA COUNTY,
COLORADO
Court Address: 449 San Juan Street
Pagosa Springs, CO 81147
Phone Number: 970-264-5932
Plaintiff(s): Colorado Timber Ridge Homeowners Association, Inc.
Defendant(s): Colorado Timber Ridge Ranch, A California Limited Partnership
11CV269
SHERIFF’S COMBINED NOTICE OF SALE, RIGHT TO CURE AND RIGHT TO REDEEM
TO WHOM IT MAY CONCERN
Under a Default Judgment and Decree of Foreclosure entered on August 2, 2012, in the above entitled action, the Sheriff of Archuleta County, Colorado, has been ordered to sell the Property described on Exhibit A to this Notice, which is all of the property which is currently encumbered by the judgment lien which is described in the Default Judgment and Decree of Foreclosure.
The Plaintiff named above is the judgement creditor in this action and is the current owner of the judgment lien which is secured by the property being sold. As of September 4, 2012, the outstanding balance due and owing on such judgment is $114,633.07.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY THAT IS CURRENTLY ENCUMBERED BY THE LIEN BEING FORECLOSED.
The real property to be foreclosed is located in Archuleta County, Colorado, and is described on Exhibit A
EXHIBIT A
Legal Description of Former
Parcels 5, 6, 7 of Timber Meadows
A tract of land located in the SW1/4 SW1/4 Section 22, in portions of Section 27, all in T. 35 N., R. 2 W., N.M.P.M., Archuleta County, Colorado and entirely within Parcels 5, 6 and 7 of Timber Meadows as shown on the Amended Plat of which subdivision recorded under Reception Number 20804982 at Plat No. 885 of the records in the office of the Archuleta County Clerk and Recorder. (The reference to Timber Meadows subdivision and to Parcels 5, 6 and 7 are for historical reference only since this subdivision has been declared void ab initio as a matter of law in the “Order and Entry of Default Judgment Against Defendants Colorado Timber Ridge Ranch, L/P, and Walter Joseph Machock” dated January 27, 2011, and recorded on February 4, 2011 at Reception No. 21100832, and the “Order and Entry of Judgment in favor of Plaintiff CTRHOA and Against Defendants George and Jean Taulman” dated January 25, 2011, and recorded on February 4, 2011, at Reception No. 21100833, both of which were issued in Case No. 09 CV 95 of the District Court, Archuleta County, Colorado.) This tract is more particularly described by metes and bounds as follows, to-wit:
Beginning at the northeast corner of said Parcel 5, a point on the east line of said SW1/4 SW1/4 Section 22, whence the northeast corner of said SW1/4 SW1/4 Section 22 bears N. 00°28’42” E., 158.35 feet distant; thence S. 00°28’42” W., 1162.77 feet along the east boundary of said SW1/4 SW1/4 Section 22 to the southeast corner thereof, which corner is identical to the northwest corner of said Parcel 6; thence S. 89°34’47” E., 1324.86 feet along the north boundary of the NE1/4 NW1/4 Section 27 to the northeast corner thereof, which corner is identical with the northeast corner of said Parcel 6; thence S. 00°20’26” W., 1325.26 feet along the east boundary of said NE1/4 NW1/4 Section 27 to the southeast corner thereof; thence S. 89°35’31” E., 1322.15 feet along the north boundary of the SW1/4 NE1/4 Section 27 to the northeast corner thereof, which corner is identical with the northeast corner of said Parcel 7; thence S. 00°26’36” W., 1229.16 feet along the east boundary of said SW1/4 NE1/4 Section 27 to the northeast corner of that certain tract of land described under Reception Number 20903891 of the records in said office, (this tract has also been declared void ab initio as a matter of law in Court Orders issued in Case No. 09 CV 95 of the District Court, Archuleta County); thence along the north boundary of said tract (Rec. No. 20903891) to the northwest corner thereof; thence S. 33°56’04” W., 1640.15 feet along the west line of said tract (Rec. No. 20903891) to the southwest corner thereof, a point on the northerly right of way limit of Bristlecone Drive as described under Reception Number 99008648 of the records in said office; thence N. 56°03’56” W., 50.00 feet along the northerly right of way limit of said Bristlecone Drive to the southeast corner of the Equestrian Center tract as described under Reception Number 20804983 of the records in said office (this tract has also been declared void ab initio as a matter of law in Court Orders issued in Case No. 09 CV 95 of the District Court, Archuleta County); thence N. 33°56’04” E., 811.25 feet along the easterly boundary of said Equestrian Center tract; thence N. 00°20’26” E., 661.51 feet along the easterly boundary of said Equestrian Center tract to the northeast corner thereof; thence N. 89°48’25” W., 407.00 feet along the north boundary of said Equestrian Center tract to the southeast corner of Tract “S” as shown on the recorded plat of Colorado’s Timber Ridge Phase Four, the plat of which subdivision is filed under Reception Number 20212641 at Plat No. 656 of the records in said office; thence N. 00°20’26” E., 1593.77 feet along the east boundary of said Tract “S” to the northeast corner thereof; thence West, 100.00 feet along the north boundary of said Tract “S” to the northeast corner of Lot 203 of Colorado’s Timber Ridge Phase Four; thence continuing West, 423.62 feet along the north boundary of said Lot 203 to the northwest corner thereof; thence 193.67 feet on the arc of a non-tangent curve to the left, having a radius of 50.00 feet and a central angle of 221°57’16”, the long chord of which curve bears N. 36°44’22” W., 93.37 feet; thence N. 51°43’40” W., 2267.69 feet along the southwesterly boundary of said Parcel 5 to the west corner thereof; thence N. 19°31’53” E., 707.17 feet along the westerly boundary of said Parcel 5 to the northwest corner thereof; thence S. 89°31’18” E., 1031.58 feet along the north boundary of said Parcel 5 to the point of beginning.
The tract herein above described contains 108.21 acres, more or less.
The tract herein above described is subject to any and all existing easements and/or rights of way of whatsoever nature.
This description was prepared by David L. Maley, a duly registered land surveyor in the State of Colorado, Certificate Number 23894 and is based solely on the recorded documents referred to herein.
Which is also known as XX Shooting Start Drive, Pagosa Springs, CO 81147.
NOTICE OF SALE
Notice is Hereby Given that the Sheriff will at public action, at 10:30 am, on October 24, 2012, at the Office of the Archuleta County Sheriff, 449 San Juan Street, Pagosa Springs, CO 81147, sell to the highest and best bidder for cash, the said real property and all interest of the said Defendant and Defendants’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Default Judgment and Decree of Foreclosure, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
First Publication September 13, 2012
Last Publication October 11, 2012
Name of Publication Pagosa Springs Sun Newspaper
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 DEEDS OF TRUST BEING FORECLOSED, A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO CRS §38-38-104 SHALL BE FILED WITH THE SHERIFF’S OFFICE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO CRS §38-38-302 SHALL BE FILED WITH THE SHERIFF’S OFFICE NO LATER THAN EIGHT (8) BUSINESS DAYS FOLLOWING THE SALE, PROVIDED THAT THE OWNERS DO NOT HAVE ANY RIGHT TO REDEEM.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION MAY BE USED FOR THAT PURPOSE.
Dated September 7, 2012
ARCHULETA COUNTY SHERIFF
/s/ Peter L. Gonzalez
Attorney:
William J. Darling
Attorney Registration No. 32929
PO Box 959
Pagosa Springs, CO 81147
Phone: 970-731-4580; Fax 970-731-4578
Published September 13, 20, 27, October 4 and 11, 2012 in The Pagosa Springs SUN.
_________________________________________
