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Legal Notices 10/25/12
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.

_______________________

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 SUN.

_______________________

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. 2012-080

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.

_______________________

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.

_______________________

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.

_______________________

District Court, Archuleta County, State of Colorado

Court Address: 449 San Juan Street, P. O. Box 148,

Pagosa Springs, Colorado 81147

Telephone No.: (970) 264-2400

DON L. WERBY AND MINA Y. HSING

Plaintiffs,

vs.

LEE EVERETT WIEDMANN, ARCHULETA COUNTY PUBLIC TRUSTEE, PAGOSA AREA WATER AND SANITATION DISTRICT, PAGOSA LAKES PROPERTY OWNERS ASSOC., WYNDHAM VACATION RESORTS, INC. formerly known as FAIRFIELD RESORTS, INC., and All Unknown Persons Who Claim Any Interest in the Subject Matter of This Action,

Defendants.

Attorney for Plaintiffs:

Name: Larry W. Holthus

Address: P.O. Box 1737

Pagosa Springs, Colorado 81147

Telephone No.: (970) 264-4196

Fax No.: (970) 264-4197

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

Case Number: 12CV109

SUMMONS BY PUBLICATION

THE PEOPLE OF THE STATE OF COLORADO TO THE ABOVE NAMED DEFENDANTS:

You are hereby summoned and required to appear and defend against the claims of the Complaint filed with the Court in this action, by filing with the Clerk of this Court, an Answer or other response. You are required to file your Answer or other response within thirty (30) days after the date of the last publication. A copy of the Complaint may be obtained from the Clerk of the Court.

If you fail to file your Answer or other response to the Complaint in writing within thirty (30) days after the date of the last publication, judgment by default may be rendered against you by the Court for the relief demanded in the Complaint without further notice.

This is an action to quiet title to:

Lot 64, PAGOSA VISTA, according to the plat thereof filed September 13, 1971, as reception No. 74884, in the office of the Clerk and Recorder, Archuleta County, Colorado.

DATED this 5th day of October, 2012.

/s/ Larry W. Holthus

Larry W. Holthus

* In accordance with C.R.C.P. 121 Sec. 1-26(9), the signed original of this document is on file at the office of Larry W. Holthus, and will be made available for inspection by other parties or the court upon request.

Published October 18, 25, November 1, 8 and 15, 2012 in The Pagosa Springs SUN.

_______________________

District Court Archuleta County, Colorado

In re the Marriage of:

Petitioner: Marin Rosales Soto

and

Respondent: Rachel Rosales

Case Number: 12 DR 25

SUMMONS FOR: DISSOLUTION OF MARRIAGE

To the Respondent named above, this Summons serves as a notice to appear in this case.

If you were served in the State of Colorado, you must file your Response with the clerk of this Court within 21 days after this Summons is served on you to participate in this action.

If you were served outside of the State of Colorado or you were served by publication, you must file your Response with the clerk of this Court within 35 days after this Summons is served on you to participate in this action.

Your response must be accompanied with the $95.00 filing fee.

After 91 days from the date of service or publication, the Court may enter a Decree affecting your marital status, distribution of property and debts, issues involving children such as child support, allocation of parental responsibilities (decision-making and parenting time), maintenance, attorney fees, and costs to the extent the Court has jurisdiction.

If you fail to file a Response in this case, any or all of the matters above, or any related matters which come before this Court, may be decided without further notice to you.

This is an action to obtain a Decree of: Dissolution of Marriage or Legal Separation as more fully described in the attached Petition, and if you have children, for orders regarding the children of the marriage.

Notice: §14-10-107, C.R.S. provides that upon the filing of a Petition for Dissolution of Marriage or Legal Separation by the Petitioner and Co-Petitioner, or upon personal service of the Petition and Summons on the Respondent, or upon waiver and acceptance of service by the Respondent, an automatic temporary injunction shall be in effect against both parties until the Final Decree is entered, or the Petition is dismissed, or until further Order of the Court. Either party may apply to the Court for further temporary orders, an expanded temporary injunction, or modification or revocation under §14-10-108, C.R.S.

A request for genetic tests shall not prejudice the requesting party in matters concerning allocation of parental responsibilities pursuant to §14-10-124(1.5), C.R.S. If genetic tests are not obtained prior to a legal establishment of paternity and submitted into evidence prior to the entry of the final decree of dissolution or legal separation, the genetic tests may not be allowed into evidence at a later date.

Automatic Temporary Injunction — By Order of Colorado Law, You and your Spouse are:

1. Restrained from transferring, encumbering, concealing or in any way disposing of, without the consent of the other party or an Order of the Court, any marital property, except in the usual course of business or for the necessities of life. Each party is required to notify the other party of any proposed extraordinary expenditures and to account to the Court for all extraordinary expenditures made after the injunction is in effect;

2. Enjoined from molesting or disturbing the peace of the other party;

3. Restrained from removing the minor children of the parties, if any, from the State without the consent of the other party or an Order of the Court; and

4. Restrained without at least 14 days advance notification and the written consent of the other party or an Order of the Court, from canceling, modifying, terminating, or allowing to lapse for nonpayment of premiums, any policy of health insurance, homeowner’s or renter’s insurance, or automobile insurance that provides coverage to either of the parties or the minor children or any policy of life insurance that names either of the parties or the minor children as a beneficiary.

Date: 9/19/12

/s/ C. Turner

Clerk of Court/Deputy

Published October 18, 25, November 1, 8 and 15, 2012 in The Pagosa Springs SUN.

_______________________

ALPHA-ROCKRIDGE METROPOLITAN DISTRICT

NOTICE OF BUDGET

Notice is hereby given that: A proposed budget has been submitted to the Board of Directors for the ensuing year of 2013; a copy of such proposed budget has been filed at the Archuleta County Courthouse, 449 San Juan Street, Pagosa Springs, CO, where the same is open for public inspection; such proposed budget will be considered at a regular meeting of the Board of Directors to be held on Thursday, November 8, 2012 at 6:30 pm at the Ross Aragon Community Center, located at 451 Hot Springs Blvd., Room E. Any interested elector of the Alpha-Rockridge Metro District may inspect the proposed budget and file or register any objections thereto at any time prior to the final adoption of the budget.

Richard Lindblad

Budget Officer

Published October 25 and November 1, 2012 in The Pagosa Springs SUN.

_______________________

COMBINED NOTICE - CORRECTED -

PUBLICATION FORECLOSURE

SALE NO. 2012-085

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

On August 21, 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) Judith L. S. Driver Revocable Living Trust dated 10-06-06

Original Beneficiary(ies) Gary L. Fisher and Kelly Fisher

Current Holder of Evidence of Debt Gary L. Fisher and Kelly Fisher, as joint tenants with right of survivorship

Date of Deed of Trust September 14, 2009

County of Recording Archuleta

Recording Date of Deed of Trust September 16, 2009

Recording Information (Reception Number) 20907346

Original Principal Amount $188,500.00

Outstanding Principal Balance $182,229.74

Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

The property to be foreclosed is:

Lot 251, Lake Hatcher Park, according to the plat thereof filed November 5, 1973, as Reception No. 78738, in the office of the Clerk and Recorder, Archuleta County, Colorado, together with all its appurtenances.

Also known by street and number as: 29 La Costa 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, 12/20/2012 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.

Corrected First Publication 10/25/2012

Corrected Last Publication 11/22/2012

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: 10/18/2012

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:

R. Thomas Geyer #36277

Shand, Newbold & Chapman PC Attorneys at Law, 150 East Ninth Street, Suite 400, Durango, CO 81302-2790 (970) 247-3091

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 # 8443.1

©Public Trustees’ Association of Colorado Revised 9/2012

Published October 25, November 1, 8, 15 and 22, 2012 in The Pagosa Springs SUN.

_______________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2012-086

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

On August 22, 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) Terry D. Smith and Lanette Smith

Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., as nominee for Guaranteed Rate, Inc.

Current Holder of Evidence of Debt CitiMortgage, Inc.

Date of Deed of Trust 11/8/2006

County of Recording Archuleta

Recording Date of Deed of Trust 11/14/2006

Recording Information(Reception Number and/or Book/Page Number) 20611054

Original Principal Amount $210,000.00

Outstanding Principal Balance $200,333.35

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, BLOCK 5, LAKE PAGOSA PARK, ACCORDING TO THE PLAT THEREOF FILED MARCH 13, 1970, AS RECEPTION NOS.72998 THRU 73013, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.

Also known by street and number as: 152 Gala 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, 12/20/2012, 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 10/25/2012

Last Publication 11/22/2012

Name of Publication Pagosa Springs Sun

DATE: 08/22/2012

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

By: /s/ 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 # 12-10125

©Public Trustees’ Association of Colorado Revised 6/2011

Published October 25, November 1, 8, 15 and 22, 2012 in The Pagosa Springs SUN.

_______________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE SALE NO. 2012-084

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

On August 21, 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) David Boulet an unmarried man

Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., as nominee for Amerigroup Mortgage Corporation, a Division of Mortgage Investors Corporation

Current Holder of Evidence of Debt MidFirst Bank

Date of Deed of Trust 2/11/2003

County of Recording Archuleta

Recording Date of Deed of Trust 2/27/2003

Recording Information(Reception Number and/or Book/Page Number) 20301700

Original Principal Amount $53,400.00

Outstanding Principal Balance $45,603.88

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 11, PAGOSA HILLS SUBDIVISION NO. 1, ACCORDING TO THE PLAT THEREOF FILED DECEMBER 11, 1978, AS RECEPTION NO. 93583, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.

CORRECTIVE AFFIDAVIT RE: SCRIVENER’S ERROR RECORDED ON AUGUST 3, 2012 AT RECEPTION NO. 21204856 TO CORRECT THE LEGAL DESCRIPTION ON THE DEED OF TRUST.

Also known by street and number as: 11 Bienvenido Circle, 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, 12/20/2012, 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 10/25/2012

Last Publication 11/22/2012

Name of Publication Pagosa Springs Sun

DATE: 08/21/2012

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 # 12-07925

©Public Trustees’ Association of Colorado Revised 6/2011

Published October 25, November 1, 8, 15 and 22, 2012 in The Pagosa Springs SUN.

_______________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2012-082

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

On August 21, 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) Valerie Faye Long, an unmarried woman

Original Beneficiary(ies) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR LENDER, BANK OF AMERICA, N.A.

Current Holder of Evidence of Debt BANK OF AMERICA, N.A

Date of Deed of Trust 5/17/2010

County of Recording Archuleta

Recording Date of Deed of Trust 8/19/2010

Recording Information(Reception Number and/or Book/Page Number) 21005593

Original Principal Amount $322,101.00

Outstanding Principal Balance $314,295.78

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

ALL THAT PARCEL OF LAND IN ARCHULETA COUNTY, STATE OF COLORADO, BEING KNOWN AND DESIGNATED AS FOLLOWS:

LOT 946, TWINCREEK VILLAGE, ACCORDING TO PLAT THEREOF FILED NOVEMBER 5, 1973, AS RECEPTION NO 78739 IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.

BY FEE SIMPLE DEED FROM TALBOTT FAMILY TRUST AS SET FORTH IN INST # 20808044 DATED 10/03/2008 AND RECORDED 10/08/2008, ARCHULETA COUNTY RECORDS, STATE OF COLORADO.

Tax ID: R005015

Also known by street and number as: 234 Walnut 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, 12/20/2012, 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 10/25/2012

Last Publication 11/22/2012

Name of Publication Pagosa Springs Sun

DATE: 08/21/2012

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:

Michael Medved #14669

Heather Deere #28597

Stephen Harkess #30968

Michael Medved 355 UNION BLVD. STE 302, LAKEWOOD, CO 80228 (303) 274-0155

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 # 12-910-22581

©Public Trustees’ Association of Colorado Revised 6/2011

Published October 25, November 1, 8, 15 and 22, 2012 in The Pagosa Springs SUN.

_______________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2012-072

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

On August 21, 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) Dana Goldberg and Michael Goldberg, wife and husband

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

Current Holder of Evidence of Debt Wells Fargo Bank, NA

Date of Deed of Trust 5/14/2009

County of Recording Archuleta

Recording Date of Deed of Trust 5/19/2009

Recording Information(Reception Number and/or Book/Page Number) 20903556

Original Principal Amount $276,300.00

Outstanding Principal Balance $263,072.78

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.

TRACT 2, ALPINE LAKES RANCH-ELK RIDGE UNIT 1, ACCORDING TO THE PLAT THEREOF FILED AUGUST 9, 1996, AS RECEPTION NO. 1996005791, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.

Also known by street and number as: 98 Bull Elk 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, 12/20/2012, 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 10/25/2012

Last Publication 11/22/2012

Name of Publication Pagosa Springs Sun

DATE: 08/21/2012

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 # 12-08635

©Public Trustees’ Association of Colorado Revised 6/2011

Published October 25, November 1, 8, 15 and 22, 2012 in The Pagosa Springs SUN.

_______________________

NOTICE AS TO PROPOSED BUDGET

Notice is hereby given that a proposed budget has been submitted to the Board of Trustees of the Upper San Juan Library District for the ensuing year of 2013.That a copy of the proposed budget has been filed in the office of the Ruby M. Sisson Memorial Library at 811 San Juan Street, Pagosa Springs, Colorado, where same is open for public inspection. That such proposed budget will be considered at a regular meeting of the Board of Trustees to be held at the Ruby Sisson Library on Wednesday, November 14, 2012 at 5:30 PM. Any interested elector within the Upper San Jan Library District may inspect the budget and file or register any objections thereto at anytime prior to the final adoption of the budget.

Dated: October 23, 2011

Upper San Juan Library District

Jacqueline Welch, Director

Published November 1 and 8, 2012 in The Pagosa Springs SUN.

_______________________

County Court

Archuleta County, Colorado

Court address:

449 San Juan St.

Pagosa Springs, CO 81147

Case No. 12C55

PUBLIC NOTICE OF PETITION

FOR CHANGE OF NAME

Public Notice is given on October 26, 2012, that a Petition for a Change of Name of an Adult has been filed with the Archuleta County Court.

The Petition requests that the name of Jodi Dell Starr be changed to Jodi Dell Halstead.

/s/ Debbie Tully

Clerk of Court

Published November 1, 8 and 15, 2012 in The Pagosa Springs SUN.

_______________________

PUBLIC NOTICE

TO

TAKE LAND “IN TRUST”

ACTION: Notice of final agency determination to take land into trust under 25 Code of Federal Regulations, Part 151.

SUMMARY: The Superintendent, Southern Ute Agency, Bureau of Indian Affairs, U.S. Department of the Interior on the below date, has made a final determination to acquire real property “in trust” for the Southern Ute Indian Tribe of the Southern Ute Reservation, Colorado.

DATE: This determination was made on October 26, 2012.

FOR FURTHER INFORMATION CONTACT: L. Stephen Sullaway, Realty Officer, Southern Ute Agency, Bureau of Indian Affairs, 383 Ute Road, Bld #1, P.O Box 315, Ignacio, CO 81137, telephone 970. 563. 1248.

SUPPLEMENTARY INFORMATION: This notice is published to comply with the requirements of 25 CFR, part 151.12(b) that notice be given to the public of the decision by the authorized representative of the Secretary of the Interior to acquire land “in trust” at least 30 days prior to signatory acceptance of land “in trust.” The purpose of the 30-day waiting period is to afford interested parties the opportunity to seek judicial review of administrative decisions to take land “in trust” for Tribes or individual Indians before transfer of title to the properties occurs. On October 26, 2012, the Superintendent issued a Decision Notice to accept land “in trust” for the Southern Ute Indian Tribe of the Southern Ute Reservation, Colorado, under the authority of Section 5, of the Indian Reorganization Act of 1934, 25 United States Code, 465.

The Superintendent, Southern Ute Agency, on behalf of the Secretary of the Interior, shall acquire title in the name of the United States of America in trust for the Southern Ute Indian Tribe of the Southern Ute Reservation, Colorado, the land described below no sooner than 30 days after the initial date this notice is published in a newspaper.

The land referred to as the former CABAZON CANYON RANCH PROPERTY:

ALL (1/1) interest in surface and surface rights only in and to a tract of land more particularly described as follows:

The parcel(s) of land, located within the exterior boundaries of the reservation is described as:

The SE1/4 and the S1/2NE1/4 of Section 4: the NE1/4, SE1/4 and the E1/2SW1/4 of Section 9; W1/2SW1/4 and the NE1/4SW1/4 of Section 10, all in Township 33 North, Range 4 West, N.M.P.M., Archuleta County, Colorado, SUBJECT TO prior reservations and conveyances of the oil, gas and other minerals, oil and gas leases of record, a reservation of the one-half of all buried treasure as reserved in deed recorded in Book 126 at Page 46, in the office of the Clerk and Recorder, Archuleta County, Colorado.

The above described lands contain 771.98 acres, more or less, as derived from the ALTA/ACSM Land Title Survey plat, certified on October 21, 2011, by Michael P. Allen, Colorado Professional Land Surveyor No. 18970.

TOGETHER WITH a non-exclusive 60 foot wide perpetual easement across certain private land for ingress, egress and utilities, as described in the Grant of Easement from Phillip J. and Anne G. Tomforde to the Southern Ute Indian Tribe, recorded September 20, 2011, as Document No. 21106204, in the records of Archuleta County, Colorado. This roadway easement is identified to assuage any concerns that the Southern Ute Indian Tribe of the Southern Ute Reservation, Colorado lacks access to the property. Neither the United States of America nor the Southern Ute Indian Tribe of the Southern Ute Reservation, Colorado intends to acquire this easement in trust.

Published November 1, 2012 in The Pagosa Springs SUN.

_______________________

COMBINED NOTICE - COURT ORDER -

PUBLICATION

CRS §38-38-109(2)(d) FORECLOSURE

SALE NO. 2012-009

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

On January 27, 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) Stewart Rafalo and Steven I Rafalo

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

Current Holder of Evidence of Debt Nationstar Mortgage LLC

Date of Deed of Trust October 06, 2006

County of Recording Archuleta

Recording Date of Deed of Trust October 10, 2006

Recording Information (Reception Number) 20609810

Original Principal Amount $225,000.00

Outstanding Principal Balance $213,347.85

Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

The property to be foreclosed is:

LOTS 16 AND 17, BLOCK 18 IN THE TOWN OF PAGOSA SPRINGS

Also known by street and number as: 242 North 6th 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, 11/15/2012, 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.

Single Publication 11/01/2012

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: 10/22/2012

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 # 8080.29526

©Public Trustees’ Association of Colorado Revised 9/2012

Published November 1, 2012 in The Pagosa Springs SUN.

_______________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2012-083

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

On August 21, 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) Susan Lynn Elliott in fee simple correctly known as Susan Lyn Elliott

Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., acting solely as nominee for IndyMac Bank, F.S.B.

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

Date of Deed of Trust 2/10/2005

County of Recording Archuleta

Recording Date of Deed of Trust 2/23/2005

Recording Information(Reception Number and/or Book/Page Number) 20501599

Original Principal Amount $198,000.00

Outstanding Principal Balance $213,247.46

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 249, 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: 33 Ebony 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, 12/20/2012, 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 11/1/2012

Last Publication 11/29/2012

Name of Publication Pagosa Springs Sun

DATE: 08/21/2012

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 # 3500.01316

©Public Trustees’ Association of Colorado Revised 6/2011

Published November 1, 8, 15, 22 and 29, 2012 in The Pagosa Springs SUN.

_______________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2012-089

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

On August 29, 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 C. Woods and Tai A Vautier-Woods, Husband and Wife

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

Current Holder of Evidence of Debt Wells Fargo Bank, NA

Date of Deed of Trust May 31, 2006

County of Recording Archuleta

Recording Date of Deed of TrustMay 31, 2006

Recording Information (Reception Number)20605192

Original Principal Amount $292,000.00

Outstanding Principal Balance $292,000.00

Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

LOT 162, COLORADO’S TIMBER RIDGE PHASE FOUR, ACCORDING TO THE PLAT THEREOF FILED DECEMBER 19, 2002, AS RECEPTION NO. 20212641, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.

Also known by street and number as: 175 Engleman 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, 12/27/2012, 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 11/1/2012

Last Publication 11/29/2012

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: 08/29/2012

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 # 12-05790

©Public Trustees’ Association of Colorado Revised 9/2012

Published November 1, 8, 15, 22 and 29, 2012 in The Pagosa Springs SUN.

_______________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE SALE NO. 2012-087

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

On August 28, 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) Sang Dan Knyper, a Single Woman

Original Beneficiary(ies) Washington Mutual Bank, FA

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

Date of Deed of Trust November 21, 2005

County of Recording Archuleta

Recording Date of Deed of Trust November 22, 2005

Recording Information (Reception Number) 20512554

Original Principal Amount $140,000.00

Outstanding Principal Balance $110,797.12

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.

TRACT 59, AMENDED ALPINE LAKES RANCH-PONDEROSA HILLS UNIT 2, ACCORDING TO THE PLAT THEREOF FILED MAY 30, 1995, AS RECEPTION NO. 1995003381, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.

Also known by street and number as: 432 Golden Spruce, 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, 12/27/2012, 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 11/1/2012

Last Publication 11/29/2012

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: 08/28/2012

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 # 1068.05476

©Public Trustees’ Association of Colorado Revised 9/2012

Published November 1, 8, 15, 22 and 29, 2012 in The Pagosa Springs SUN.

_______________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2012-090

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

On August 29, 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) Monica J. Kramer and Tom R. Kramer

Original Beneficiary(ies) Rio Grande Savings and Loan Assoc

Current Holder of Evidence of Debt Rio Grande Savings and Loan Assoc

Date of Deed of Trust May 31, 2001

County of Recording Archuleta

Recording Date of Deed of Trust June 01, 2001

Recording Information (Reception Number) 20104557

Original Principal Amount $95,200.00

Outstanding Principal Balance $84,408.12

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

Tract 1

A parcel of land located in the Southeast Quarter of the Northwest Quarter (SE1/4NW1/4) of Section 35, Township 34 North, Range 1 West, N.M.P.M., Archuleta County, Colorado, said parcel being more particularly described by metes and bounds as follows, to wit:

Beginning at the Northeast corner of the parcel herein described, a point on the North line of the said Southeast Quarter of the Northwest Quarter (SE1/4NW1/4) of Section 35, being a ½ inch diameter rebar with Davis Engineering Service, Inc. plastic cap, whence the Northeast corner of said Southeast Quarter of the Northwest Quarter (SE1/4NW1/4), a 2 ½ inch diameter aluminum post with a BLM aluminum cap, bears South 87 ° 30’00” East, 942.87 feet distant; thence South 00° 07’ 38” West, a distance of 316.36 feet along the Westerly line of that certain parcel of land described under Reception No. 142167 in the office of the Archuleta County Clerk and Recorder, to a ½ inch diameter smooth steel pin with a plastic cap (illegible); thence South 39° 32’ 25” West, a distance of 380. 31 feet along the Northwesterly line of that certain parcel of land described under Reception No. 129447 in said Office, to a ½ inch diameter smooth steel pin with a plastic cap (illegible), being a point on the Northeasterly right of way limit of Highway No. 84; thence North 51° 23’ 28” West, a distance of 87.94 feet along the said northeasterly right of way of Highway No. 84 to a Department of Highway right of way monument, being a brass cap in concrete; thence North 68° 37’ 01” West, a distance of 107.90 feet along the said Northeasterly right of way of Highway No. 84 to a Department of Highway right of way monument, being a brass cap in concrete; thence North 53° 02’ 33” West, a distance of 87.87 feet along the said Northeasterly right of way of Highway No. 84 to a ½ inch diameter smooth steel pin; thence North 38° 31’ 12” East, a distance of 597.42 feet along the Southeasterly line of that certain parcel of land described in Book 138 on Page 672 in said Office to a ½ inch diameter rebar with a Davis Engineering Service, Inc. plastic cap, being a point on the North line of said Southeast Quarter of the Northwest Quarter (SE1/4NW1/4); thence South 87° 30’ 00” East, a distance of 110.25 feet along said North line to the Point of Beginning.

Tract 2

A tract of land located in the Southeast Quarter of the Northwest Quarter (SE1/4NW1/4), Section 35, Township 34 North, Range 1 West, N.M.P.M., Archuleta County, Colorado, being more particularly described as follows, to wit:

The following bearings are based upon the assumption that the North line of the Southeast Quarter of the Northwest Quarter (SE1/4NW1/4)of said Section 35, monumented as stated, bears South 87° 30’00” East-North 87°30’00” West:

Beginning at a point on the North line of said Southeast Quarter of the Northwest Quarter (SE1/4NW1/4) from whence the Northeast corner of said Southeast Quarter of the Northwest Quarter (SE1/4NW1/4) bears South 87° 30’00” East, 379.70 feet distant, said point marked by a set ½ inch diameter rebar with plastic cap, L.S. 26973; thence South 15° 19’ 23” West, a distance of 2.56 feet to a 5/8 inch diameter rebar with aluminum cap, L.S. 5840; thence South 27° 32’24” West, a distance of 291.88 feet to a 5/8 inch diameter rebar with aluminum cap, L.S. 58/40; thence South 10° 35’ 13” East, a distance of 196.83 feet to a ½ inch diameter rebar with aluminum cap, L.S. 4679; thence South 22° 39’ 50” West, a distance of 119.62 feet to a ½ diameter rebar with aluminum cap, L.S. 4679; thence North 60° 01’ 35” West, a distance of 458.33 feet to a ½ inch diameter smooth steel bar with plastic cap (illegible); thence North 25° 03’ 43” West, a distance of 48.98 feet to a ½ inch diameter smooth steel bar with plastic cap (illegible); thence North 00° 07’ 38” East, a distance of 316.36 feet to the North line of said Southeast Quarter of the Northwest Quarter (SE1/4NW1/4), a set ½ inch diameter rebar with plastic cap, L.S. 26973; thence South 87° 30’00” East along said North line, a distance of 563.18 feet to the Point of Beginning.

Also known by street and number as: 10900 Hwy 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, 12/27/2012, 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 11/1/2012

Last Publication 11/29/2012

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: 08/29/2012

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:

Benjamin F. Gibbons, P.C. 800 First Avenue, Monte Vista, CO 81144 (719) 852-4731

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 November 1, 8, 15, 22 and 29, 2012 in The Pagosa Springs SUN.

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