Public Notices 12/10/2015

8

DISTRICT COURT, ARCHULETA COUNTY, 

COLORADO

Court Address:

449 San Juan St.

PO Box 148

Pagosa Springs CO 81147

Case Number: 2015CV30018

PLAINTIFF:

EAGLES LOFT PROPERTY OWNERS 

ASSOCIATION INC. 

v. 

DEFENDANT(S):

STELLA DIRKS et al.

COMBINED NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST AND RIGHTS TO CURE AND REDEEM

This Notice of Public Judicial Foreclosure Sale is given pursuant to the specific assessment lien in the Declaration of Protective Covenants and Interval Ownership for Eagles Loft Property Owner’s Association, Inc., recorded the 29th day of July, 1983 under Reception No. 117700, and further subject to that First Supplemental Declaration of Individual and/or Interval Ownership for Eagles Loft recorded on October 7, 1983, under Reception No. 119119 all in the office of the County Clerk and Recorder for Archuleta County, Colorado.

Under a Judgment and Decree of Foreclosure entered September 10, 2015, in the above entitled action, I am ordered to sell certain real property, improvements and personal property secured by the Declaration, including without limitation the real property described as follows:

See Exhibit “A” attached hereto and made apart hereof

Owner(s): Stella Dirks

John T Benson

Evidence of Debt:Declaration of Protective Covenants and Internal Ownership for EAGLES LOFT Property Owner’s Association, recorded the 29th day of July, 1983 under Reception No. 117700 and further subject to that First Supplemental Declaration of Individual and/or Interval Ownership for Eagles Loft recorded on October 7, 1983, under Reception No. 119119 all in the office of the County Clerk and Recorded for Archuleta County, Colorado.

Current Holder of evidence of debt secured by the Declaration: EAGLES LOFT Property Owner’s Association, Inc.

Obligations Secured: The Declaration provides that it secures the payment of the Debt and obligations therein described including, but not limited to, the payment of attorneys’ fees and costs.

Agent: John D. Alford, Attorney at Law, Reg. No. 43104, 924 Adelaide Ave., Ft. Smith, Arkansas 72901

Association Assessments Due to:EAGLES LOFT Property Owner’s Association, Inc.

Debt: Timeshare Owner’s Assessments due to Association in the amount of

Stella Dirks $2,866.29

John T Benson $2,866.29

Amount of Judgment Entered on September 15, 2015 See attached Exhibit “A”

Type of Sale: Judicial Foreclosure Sale of Timeshare Interest being conducted pursuant to the power of sale granted by the Declaration, the Colorado Property Code, and the Colorado Common Ownership Act

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

The covenants of said Declaration have been violated as follows: failure to make payments for assessments when the indebtedness was due and owing and the legal holder of the indebtedness has accelerated the same and declared the same immediately fully due and payable.

NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST

THEREFORE, NOTICE IS HEREBY GIVEN that I will, at 10 o’clock A.M., on Wednesday, February 3, 2016, in the Office of the Archuleta County Sheriff, Civil Division, 449 San Juan Street, Pagosa Springs, Colorado, sell to the highest and best bidder for cash, the said real property described above, and all interest of said Grantor and the heirs and assigns of said Grantor therein, subject to the provisions of the Declaration permitting the Association thereunder to have the bid credited to the Debt up to the amount of the unpaid Debt secured by the Declaration at the time of sale, for the purpose of paying the judgment amount entered herein, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: December 10, 2015

Last Publication: January 7, 2016

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 THE STATUTES WHICH MAY AFFECT YOUR RIGHTS IS ATTACHED HERETO.

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. 

THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.

IF YOU BELIEVE THAT A LENDER OR SERVICER HAS VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN §38-38-103.1 OR THE PROHIBITION ON DUAL TRACKING IN §38-38-103.2, YOU MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL (1-800-222-4444), THE CONSUMER FINANCIAL PROTECTION BUREAU (1-855-411-2372), OR BOTH, BUT THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS.

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

John D. Alford, Attorney at Law, Reg. No. 43104, 924 Adelaide Avenue, Fort Smith, Arkansas 72901.

INTENT TO CURE OR REDEEM, as provided by the aforementioned laws, must be directed to or conducted at the Sheriff’s Department for Archuleta County, Civil Division, 449 San Juan Street, Pagosa Springs, Colorado, 81147.

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

This Sheriff’s Notice of Sale is signed November 13, 2015.

TONYA HAMILTON, Undersheriff,

Archuleta County, Colorado

/s/ Tonya Hamilton

Exhibit A

Detail Listing of Judgment Calculations

As of December 30, 2014

Defendant/Property Matter Amount

Lien Statement for Stella Dirks filed 12/30/2014 as Doc. No. 21407721 against the following described Property to wit:

Unit Number 7006, Building Number 6, Unit Week Number 43 in Phase I of Eagle’s Loft as recorded in Reception No. 117699 in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado and as further described in that Declaration of Individual and/or Interval Ownership of Eagle’s Loft recorded on July 29, 1983, in Book 200, page 834, Reception No. 117700, in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Unpaid Assessments & Costs: $1,866.29

Attorneys Fees: $1,000.00

Total: $2,866.29

Lien Statement for John T Benson filed 12/30/2014 as Doc. No. 21407722 against the following described Property to wit:

Unit Number 7006, Building Number 6, Unit Week Number 46 in Phase I of Eagle’s Loft as recorded in Reception No. 117699 in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado and as further described in that Declaration of Individual and/or Interval Ownership of Eagle’s Loft recorded on July 29, 1983, in Book 200, page 834, Reception No. 117700, in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Unpaid Assessments & Costs: $1,866.29

Attorneys Fees: $1,000.00

Total: $2,866.29

Published December 10, 17, 24, 31, 2015 and January 7, 2016 in The Pagosa Springs SUN.

__________

DISTRICT COURT, ARCHULETA COUNTY, 

COLORADO

Court Address:

449 San Juan St.

PO Box 148

Pagosa Springs CO 81147

Case Number: 2015CV30019

PLAINTIFF:

EAGLES LOFT PROPERTY OWNERS 

ASSOCIATION INC. 

v. 

DEFENDANT(S):

STEVE LEVY et al.

COMBINED NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST AND RIGHTS TO CURE AND REDEEM

This Notice of Public Judicial Foreclosure Sale is given pursuant to the specific assessment lien in the Declaration of Protective Covenants and Interval Ownership for Eagles Loft Property Owner’s Association, Inc., recorded the 29th day of July, 1983 under Reception No. 117700, and further subject to that First Supplemental Declaration of Individual and/or Interval Ownership for Eagles Loft recorded on October 7, 1983, under Reception No. 119119 all in the office of the County Clerk and Recorder for Archuleta County, Colorado.

Under a Judgment and Decree of Foreclosure entered September 15, 2015, in the above entitled action, I am ordered to sell certain real property, improvements and personal property secured by the Declaration, including without limitation the real property described as follows:

See Exhibit “A” attached hereto and made apart hereof

Owner(s): Steve Levy

Mildred Cordova Holm

Lance Irvin

Evidence of Debt: Declaration of Protective Covenants and Internal Ownership for EAGLES LOFT Property Owner’s Association, recorded the 29th day of July, 1983 under Reception No. 117700 and further subject to that First Supplemental Declaration of Individual and/or Interval Ownership for Eagles Loft recorded on October 7, 1983, under Reception No. 119119 all in the office of the County Clerk and Recorded for Archuleta County, Colorado.

Current Holder of evidence of debt secured by the Declaration: EAGLES LOFT Property Owner’s Association, Inc.

Obligations Secured: The Declaration provides that it secures the payment of the Debt and obligations therein described including, but not limited to, the payment of attorneys’ fees and costs.

Agent: John D. Alford, Attorney at Law, Reg. No. 43104, 924 Adelaide Ave., Ft. Smith, Arkansas 72901

Association Assessments Due to: EAGLES LOFT Property Owner’s Association, Inc.

Debt: Timeshare Owner’s Assessments due to Association in the amount of

Steve Levy $3,743.81

Mildred Cordova Holm $2,866.29

Lance Irvin $2,709.80

Amount of Judgment Entered on September 15, 2015: See attached Exhibit “A”

Type of Sale: Judicial Foreclosure Sale of Timeshare Interest being conducted pursuant to the power of sale granted by the Declaration, the Colorado Property Code, and the Colorado Common Ownership Act

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

The covenants of said Declaration have been violated as follows: failure to make payments for assessments when the indebtedness was due and owing and the legal holder of the indebtedness has accelerated the same and declared the same immediately fully due and payable.

NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST

THEREFORE, NOTICE IS HEREBY GIVEN that I will, at 10 o’clock A.M., on Wednesday, February 3, 2016,, in the Office of the Archuleta County Sheriff, Civil Division, 449 San Juan Street, Pagosa Springs, Colorado, sell to the highest and best bidder for cash, the said real property described above, and all interest of said Grantor and the heirs and assigns of said Grantor therein, subject to the provisions of the Declaration permitting the Association thereunder to have the bid credited to the Debt up to the amount of the unpaid Debt secured by the Declaration at the time of sale, for the purpose of paying the judgment amount entered herein, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: December 10, 2015

Last Publication: January 7, 2016

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 THE STATUTES WHICH MAY AFFECT YOUR RIGHTS IS ATTACHED HERETO.

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.

THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.

IF YOU BELIEVE THAT A LENDER OR SERVICER HAS VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN §38-38-103.1 OR THE PROHIBITION ON DUAL TRACKING IN §38-38-103.2, YOU MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL (1-800-222-4444), THE CONSUMER FINANCIAL PROTECTION BUREAU (1-855-411-2372), OR BOTH, BUT THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS.

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

John D. Alford, Attorney at Law, Reg. No. 43104, 924 Adelaide Avenue, Fort Smith, Arkansas 72901.

INTENT TO CURE OR REDEEM, as provided by the aforementioned laws, must be directed to or conducted at the Sheriff’s Department for Archuleta County, Civil Division, 449 San Juan Street, Pagosa Springs, Colorado, 81147.

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

This Sheriff’s Notice of Sale is signed November 13, 2015.

TONYA HAMILTON, Undersheriff,

Archuleta County, Colorado

By: /s/ Tonya Hamilton

Exhibit A

Detail Listing of Judgment Calculations

As of December 30, 2014

Defendant/Property Matter Amount

Lien Statement for Steve Levy filed 12/30/14 as Doc. No. 21407724 against the following described Property to wit:

Unit Number 7009, Building Number 9, Unit Week Number 13 in Eagle’s Loft(Phase II) as recorded in Reception No. 119118 in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado and shall be subject to that Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on July 29, 1983, in Book 200, page 834, Reception No. 117700, and further subject to that First Supplemental Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on October 7, 1983, in Book 203, Page 564, Reception No. 119119, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Unpaid Assessments & Costs: $2,743.81

Attorneys Fees: $1,000.00

Total: $3,743.81

Lien Statement for Mildred Cordova Holm filed 12/30/14 as Doc. No. 21407725 against the following described Property to wit:

Unit Number 7013, Building Number 13, Unit Week Number 2 in Eagle’s Loft(Phase II) as recorded in Reception No. 119118 in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado and shall be subject to that Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on July 29, 1983, in Book 200, page 834, Reception No. 117700, and further subject to that First Supplemental Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on October 7, 1983, in Book 203, Page 564, Reception No. 119119, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Unpaid Assessments & Costs: $1,866.29

Attorneys Fees: $1,000.00

Total: $2,866.29

Lien Statement for Lance Irvin filed 12/30/14 as Doc. No. 21407727 against the following described Property to wit:

Unit Number 7014, Building Number 14, Unit Week Number 43 in Eagle’s Loft(Phase II) as recorded in Reception No. 119118 in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado and shall be subject to that Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on July 29, 1983, in Book 200, page 834, Reception No. 117700, and further subject to that First Supplemental Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on October 7, 1983, in Book 203, Page 564, Reception No. 119119, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Unpaid Assessments & Costs: $1,709.80

Attorneys Fees: $1,000.00

Total: $2,709.80

Published December 10, 17, 24, 31, 2015 and January 7, 2016 in The Pagosa Springs SUN.

__________

DISTRICT COURT, ARCHULETA COUNTY, 

COLORADO

Court Address:

449 San Juan St.

PO Box 148

Pagosa Springs CO 81147

Case Number: 2015CV30020

PLAINTIFF:

EAGLES LOFT PROPERTY OWNERS 

ASSOCIATION INC. 

v. 

DEFENDANT(S):

ALL THE WORLD TRAVEL et al.

COMBINED NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST AND RIGHTS TO CURE AND REDEEM

This Notice of Public Judicial Foreclosure Sale is given pursuant to the specific assessment lien in the Declaration of Protective Covenants and Interval Ownership for Eagles Loft Property Owner’s Association, Inc., recorded the 29th day of July, 1983 under Reception No. 117700, and further subject to that First Supplemental Declaration of Individual and/or Interval Ownership for Eagles Loft recorded on October 7, 1983, under Reception No. 119119 all in the office of the County Clerk and Recorder for Archuleta County, Colorado.

Under a Judgment and Decree of Foreclosure entered September 15, 2015, in the above entitled action, I am ordered to sell certain real property, improvements and personal property secured by the Declaration, including without limitation the real property described as follows:

See Exhibit “A” attached hereto and made apart hereof

Owner(s): All The World Travel, LLC

Kevin E Caines

Yvonne Barkas

Faye O Massey

Stella Dirks

Starla Missions, LLC

Jennie A Lahaye

Premier Management Services

Evidence of Debt: Declaration of Protective Covenants and Internal Ownership for EAGLES LOFT Property Owner’s Association, recorded the 29th day of July, 1983 under Reception No. 117700 and further subject to that First Supplemental Declaration of Individual and/or Interval Ownership for Eagles Loft recorded on October 7, 1983, under Reception No. 119119 all in the office of the County Clerk and Recorded for Archuleta County, Colorado.

Current Holder of evidence of debt secured by the Declaration: EAGLES LOFT Property Owner’s Association, Inc.

Obligations Secured: The Declaration provides that it secures the payment of the Debt and obligations therein described including, but not limited to, the payment of attorneys’ fees and costs.

Agent: John D. Alford, Attorney at Law, Reg. No. 43104, 924 Adelaide Ave., Ft. Smith, Arkansas 72901

Association Assessments Due to: EAGLES LOFT Property Owner’s Association, Inc.

Debt: Timeshare Owner’s Assessments due to Association in the amount of

All The World Travel, LLC $2,811.84

Kevin E Caines $2,866.29

Yvonne Barkas $2,709.80

Faye O Massey $2,841.29

Stella Dirks $2,039.29

Starla Missions, LLC $1,914.07

Jennie A Lahaye $2,866.29

Premier Management Services $2,689.01

Amount of Judgment Entered on September 15, 2015: See attached Exhibit “A”

Type of Sale: Judicial Foreclosure Sale of Timeshare Interest being conducted pursuant to the power of sale granted by the Declaration, the Colorado Property Code, and the Colorado Common Ownership Act

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

The covenants of said Declaration have been violated as follows: failure to make payments for assessments when the indebtedness was due and owing and the legal holder of the indebtedness has accelerated the same and declared the same immediately fully due and payable.

NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST

THEREFORE, NOTICE IS HEREBY GIVEN that I will, at 10 o’clock A.M., on Wednesday, February 3, 2016, in the Office of the Archuleta County Sheriff, Civil Division, 449 San Juan Street, Pagosa Springs, Colorado, sell to the highest and best bidder for cash, the said real property described above, and all interest of said Grantor and the heirs and assigns of said Grantor therein, subject to the provisions of the Declaration permitting the Association thereunder to have the bid credited to the Debt up to the amount of the unpaid Debt secured by the Declaration at the time of sale, for the purpose of paying the judgment amount entered herein, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: December 10, 2015

Last Publication: January 7, 2016

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 THE STATUTES WHICH MAY AFFECT YOUR RIGHTS IS ATTACHED HERETO.

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. 

THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.

IF YOU BELIEVE THAT A LENDER OR SERVICER HAS VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN §38-38-103.1 OR THE PROHIBITION ON DUAL TRACKING IN §38-38-103.2, YOU MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL (1-800-222-4444), THE CONSUMER FINANCIAL PROTECTION BUREAU (1-855-411-2372), OR BOTH, BUT THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS.

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

John D. Alford, Attorney at Law, Reg. No. 43104, 924 Adelaide Avenue, Fort Smith, Arkansas 72901.

INTENT TO CURE OR REDEEM, as provided by the aforementioned laws, must be directed to or conducted at the Sheriff’s Department for Archuleta County, Civil Division, 449 San Juan Street, Pagosa Springs, Colorado, 81147.

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

This Sheriff’s Notice of Sale is signed November 13, 2015.

TONYA HAMILTON, Undersheriff,

Archuleta County, Colorado

By: /s/ Tonya Hamilton

Exhibit A

Detail Listing of Judgment Calculations

As of December 30, 2014

Defendant/Property Matter Amount

Lien Statement for All The World Travel, LLC filed 12/30/2014 as Doc. No. 21407728 against the following described Property to wit:

Unit Number 7017, Building Number 17, Unit Week Number 42 in Eagle’s Loft(Phase III) as recorded in Reception No. 130203 in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado and shall be subject to that Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on July 29, 1983, in Book 200, page 834, Reception No. 117700, and further subject to that Second Supplemental Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on May 30, 1984, under Reception No. 123459, as amended by that First Amendment to Second Supplemental Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on July 13, 1984, Reception No. 124494, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Unpaid Assessments & Costs: $1,811.84

Attorneys Fees: $1,000.00

Total: $2,811.84

Lien Statement for Kevin E Caines filed 12/30/2014 as Doc. No. 21407729 against the following described Property to wit:

Unit Number 7019, Building Number 19, Unit Week Number 19 in Eagle’s Loft(Phase III) as recorded in Reception No. 130203 in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado and shall be subject to that Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on July 29, 1983, in Book 200, page 834, Reception No. 117700, and further subject to that Second Supplemental Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on May 30, 1984, under Reception No. 123459, as amended by that First Amendment to Second Supplemental Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on July 13, 1984, Reception No. 124494, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Unpaid Assessments & Costs: $1,866.29

Attorneys Fees: $1,000.00

Total: $2,866.29

Lien Statement for Yvonne Barkas filed 12/30/2014 as Doc. No. 21407730 against the following described Property to wit:

Unit Number 7021, Building Number 21, Unit Week Number 3 in Eagle’s Loft(Phase III) as recorded in Reception No. 130203 in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado and shall be subject to that Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on July 29, 1983, in Book 200, page 834, Reception No. 117700, and further subject to that Second Supplemental Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on May 30, 1984, under Reception No. 123459, as amended by that First Amendment to Second Supplemental Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on July 13, 1984, Reception No. 124494, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado

Unpaid Assessments & Costs: $1,709.80

Attorneys Fees: $1,000.00

Total: $2,709.80

Lien Statement for Faye O Massey filed 12/30/2014 as Doc. No. 21407731 against the following described Property to wit:

Unit Number 7023, Building Number 23, Unit Week Number 31 in Eagle’s Loft(Phase III) as recorded in Reception No. 130203 in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado and shall be subject to that Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on July 29, 1983, in Book 200, page 834, Reception No. 117700, and further subject to that Second Supplemental Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on May 30, 1984, under Reception No. 123459, as amended by that First Amendment to Second Supplemental Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on July 13, 1984, Reception No. 124494, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado

Unpaid Assessments & Costs: $1,841.29

Attorneys Fees: $1,000.00

Total: $2,841.29

Lien Statement for Stella Dirks filed 12/30/2014 as Doc. No. 21407732 against the following described Property to wit:

Unit Number 7041, Building Number 41, Unit Week Number 4 in Eagle’s Loft(Phase III) as recorded in Reception No. 130203 in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado and shall be subject to that Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on July 29, 1983, in Book 200, page 834, Reception No. 117700, and further subject to that Second Supplemental Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on May 30, 1984, under Reception No. 123459, as amended by that First Amendment to Second Supplemental Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on July 13, 1984, Reception No. 124494, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado

Unpaid Assessments & Costs: $1,039.29

Attorneys Fees: $1,000.00

Total: $2,039.29

Lien Statement for Starla Missions, LLC filed 12/30/2014 as Doc. No. 21407733 against the following described Property to wit:

Unit Number 7044, Building Number 44, Unit Week Number 8 in Eagle’s Loft(Phase III) as recorded in Reception No. 130203 in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado and shall be subject to that Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on July 29, 1983, in Book 200, page 834, Reception No. 117700, and further subject to that Second Supplemental Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on May 30, 1984, under Reception No. 123459, as amended by that First Amendment to Second Supplemental Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on July 13, 1984, Reception No. 124494, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado

Unpaid Assessments & Costs: $914.07

Attorneys Fees: $1,000.00

Total: $1,914.07

Lien Statement for Jennie A Lahaye filed 12/30/2014 as Doc. No. 21407734 against the following described Property to wit:

Unit Number 7050, Building Number 50, Unit Week Number 16 in Eagle’s Loft(Phase III) as recorded in Reception No. 130203 in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado and shall be subject to that Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on July 29, 1983, in Book 200, page 834, Reception No. 117700, and further subject to that Second Supplemental Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on May 30, 1984, under Reception No. 123459, as amended by that First Amendment to Second Supplemental Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on July 13, 1984, Reception No. 124494, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado

Unpaid Assessments & Costs: $1,866.29

Attorneys Fees: $1,000.00

Total: $2,866.29

Lien Statement for Premier Management Services, LLC filed 12/30/2014 as Doc. No. 21407735 against the following described Property to wit:

Unit Number 7054, Building Number 54, Unit Week Number 30 in Eagle’s Loft(Phase III) as recorded in Reception No. 130203 in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado and shall be subject to that Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on July 29, 1983, in Book 200, page 834, Reception No. 117700, and further subject to that Second Supplemental Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on May 30, 1984, under Reception No. 123459, as amended by that First Amendment to Second Supplemental Declaration of Individual and/or Interval Ownership for Eagle’s Loft recorded on July 13, 1984, Reception No. 124494, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado

Unpaid Assessments & Costs: $1,689.01

Attorneys Fees: $1,000.00

Total: $2,689.01

Published December 10, 17, 24, 31, 2015 and January 7, 2016 in The Pagosa Springs SUN.

__________

DISTRICT COURT, ARCHULETA COUNTY, 

COLORADO

Court Address:

449 San Juan St.

PO Box 148

Pagosa Springs CO 81147

Case Number: 2015CV30021

PLAINTIFF:

ELK RUN PROPERTY OWNERS 

ASSOCIATION INC. 

v. 

DEFENDANT(S):

AMP RYAN CU et al.

COMBINED NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST AND RIGHTS TO CURE AND REDEEM

This Notice of Public Judicial Foreclosure Sale is given pursuant to the specific assessment lien in the Declaration of Protective Covenants and Interval Ownership for Elk Run Property Owner’s Association, Inc., recorded the 26th day of June, 1986 under Reception No. 140481 in the office of the County Clerk and Recorder for Archuleta County, Colorado.

Under a Judgment and Decree of Foreclosure entered September 15, 2015, in the above entitled action, I am ordered to sell certain real property, improvements and personal property secured by the Declaration, including without limitation the real property described as follows:

See Exhibit “A” attached hereto and made apart hereof

Owner(s): Amp Ryan Cu

Julyse Cu

Anderson Manufactured Homes, Inc.

Edward F Fries

Francine I Fries

Robert E Eastwood

Johnny Neal Eastwood

Janet Kay Balzano

Corey Crawford

Anne Crawford

Evidence of Debt: Declaration of Protective Covenants and Internal Ownership for ELK RUN Property Owner’s Association, recorded the 26th day of June, 1986 under Reception No. 140481 in the office of the County Clerk and Recorded for Archuleta County, Colorado.

Current Holder of evidence of debt secured by the Declaration: ELK RUN Property Owner’s Association, Inc.

Obligations Secured: The Declaration provides that it secures the payment of the Debt and obligations therein described including, but not limited to, the payment of attorneys’ fees and costs.

Agent: John D. Alford, Attorney at Law, Reg. No. 43104, 924 Adelaide Ave., Ft. Smith, Arkansas 72901

Association Assessments Due to: ELK RUN Property Owner’s Association, Inc.

Debt: Timeshare Owner’s Assessments due to Association in the amount of

Amp Ryan Cu $2,400.02

Julyse Cu $2,400.02

Anderson Manufactured Homes, Inc. $2,474.96

Edward F Fries $2,209.96

Francine I Fries $2,209.96

Robert E Eastwood $2,474.96

Johnny Neal Eastwood $2,474.96

Janet Kay Balzano $2,474.96

Corey Crawford $2,474.96

Anne Crawford $2,474.96

Amount of Judgment Entered on September 15, 2015: See attached Exhibit “A”

Type of Sale: Judicial Foreclosure Sale of Timeshare Interest being conducted pursuant to the power of sale granted by the Declaration, the Colorado Property Code, and the Colorado Common Ownership Act

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

The covenants of said Declaration have been violated as follows: failure to make payments for assessments when the indebtedness was due and owing and the legal holder of the indebtedness has accelerated the same and declared the same immediately fully due and payable.

NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST

THEREFORE, NOTICE IS HEREBY GIVEN that I will, at 10 o’clock A.M., on February 3, 2015, in the Office of the Archuleta County Sheriff, Civil Division, 449 San Juan Street, Pagosa Springs, Colorado, sell to the highest and best bidder for cash, the said real property described above, and all interest of said Grantor and the heirs and assigns of said Grantor therein, subject to the provisions of the Declaration permitting the Association thereunder to have the bid credited to the Debt up to the amount of the unpaid Debt secured by the Declaration at the time of sale, for the purpose of paying the judgment amount entered herein, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: December 10, 2015

Last Publication: January 7, 2016

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 THE STATUTES WHICH MAY AFFECT YOUR RIGHTS IS ATTACHED HERETO.

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. 

THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.

IF YOU BELIEVE THAT A LENDER OR SERVICER HAS VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN §38-38-103.1 OR THE PROHIBITION ON DUAL TRACKING IN §38-38-103.2, YOU MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL (1-800-222-4444), THE CONSUMER FINANCIAL PROTECTION BUREAU (1-855-411-2372), OR BOTH, BUT THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS.

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

John D. Alford, Attorney at Law, Reg. No. 43104, 924 Adelaide Avenue, Fort Smith, Arkansas 72901.

INTENT TO CURE OR REDEEM, as provided by the aforementioned laws, must be directed to or conducted at the Sheriff’s Department for Archuleta County, Civil Division, 449 San Juan Street, Pagosa Springs, Colorado, 81147.

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

This Sheriff’s Notice of Sale is signed November 13, 2015.

TONYA HAMILTON, Undersheriff,

Archuleta County, Colorado

By: Tonya Hamilton

Exhibit A

Detail Listing of Judgment Calculations

As of December 30, 2014

Defendant/Property Matter Amount

Lien Statement for Amp Ryan Cu filed 12/30/14 as Doc. No. 21407752 against the following described Property to wit:

Unit Number 7101, Building Number 1A, Unit Week Number 10 in Elk Run Townhouses as recorded in Plat File No. 317 under Reception No. 140480, in the Office of the County Clerk and Recorder for Archuleta County, Colorado and subject to that Declaration of Protective Covenants and Interval Ownership for Elk Run Townhouses recorded June 26, 1986, under Reception No. 140481 in the Office of the County Clerk and Recorder for Archuleta County, Colorado(“Declaration”). The property has located upon it four (4) buildings, with each building containing four(4)units and numbered as follows: Building No. 1-Units 7101-7104, inclusive, Building No. 2-Units 7105-7108, inclusive, Building No. 3-Units 7109-7112, inclusive, Building No. 4-Units 7113-7116, inclusive

Unpaid Assessments & Costs: $1,400.02

Attorneys Fees: $1,000.00

Total: $2,400.02

Lien Statement for Julyse Cu filed 12/30/14 as Doc. No. 21407752 against the following described Property to wit:

Unit Number 7101, Building Number 1A, Unit Week Number 10 in Elk Run Townhouses as recorded in Plat File No. 317 under Reception No. 140480, in the Office of the County Clerk and Recorder for Archuleta County, Colorado and subject to that Declaration of Protective Covenants and Interval Ownership for Elk Run Townhouses recorded June 26, 1986, under Reception No. 140481 in the Office of the County Clerk and Recorder for Archuleta County, Colorado(“Declaration”). The property has located upon it four (4) buildings, with each building containing four(4)units and numbered as follows: Building No. 1-Units 7101-7104, inclusive, Building No. 2-Units 7105-7108, inclusive, Building No. 3-Units 7109-7112, inclusive, Building No. 4-Units 7113-7116, inclusive

Unpaid Assessments & Costs: $1,400.02

Attorneys Fees: $1,000.00

Total: $2,400.02

Lien Statement for Anderson Manufactured Homes, Inc. filed 12/30/14 as Doc. No. 21407753 against the following described Property to wit:

Unit Number 7101, Building Number 1A, Unit Week Number 19 in Elk Run Townhouses as recorded in Plat File No. 317 under Reception No. 140480, in the Office of the County Clerk and Recorder for Archuleta County, Colorado and subject to that Declaration of Protective Covenants and Interval Ownership for Elk Run Townhouses recorded June 26, 1986, under Reception No. 140481 in the Office of the County Clerk and Recorder for Archuleta County, Colorado(“Declaration”). The property has located upon it four (4) buildings, with each building containing four(4)units and numbered as follows: Building No. 1-Units 7101-7104, inclusive, Building No. 2-Units 7105-7108, inclusive, Building No. 3-Units 7109-7112, inclusive, Building No. 4-Units 7113-7116, inclusive

Unpaid Assessments & Costs: $1,474.96

Attorneys Fees: $1,000.00

Total: $2,474.96

Lien Statement for Edward F Fries filed 12/30/14 as Doc. No. 21407754 against the following described Property to wit:

Unit Number 7102, Building Number 1A, Unit Week Number 27 in Elk Run Townhouses as recorded in Plat File No. 317 under Reception No. 140480, in the Office of the County Clerk and Recorder for Archuleta County, Colorado and subject to that Declaration of Protective Covenants and Interval Ownership for Elk Run Townhouses recorded June 26, 1986, under Reception No. 140481 in the Office of the County Clerk and Recorder for Archuleta County, Colorado(“Declaration”). The property has located upon it four (4) buildings, with each building containing four(4)units and numbered as follows: Building No. 1-Units 7101-7104, inclusive, Building No. 2-Units 7105-7108, inclusive, Building No. 3-Units 7109-7112, inclusive, Building No. 4-Units 7113-7116, inclusive

Unpaid Assessments & Costs: $1,209.96

Attorneys Fees: $1,000.00

Total: $2,209.96

Lien Statement for Francine I Fries filed 12/30/14 as Doc. No. 21407754 against the following described Property to wit:

Unit Number 7102, Building Number 1A, Unit Week Number 27 in Elk Run Townhouses as recorded in Plat File No. 317 under Reception No. 140480, in the Office of the County Clerk and Recorder for Archuleta County, Colorado and subject to that Declaration of Protective Covenants and Interval Ownership for Elk Run Townhouses recorded June 26, 1986, under Reception No. 140481 in the Office of the County Clerk and Recorder for Archuleta County, Colorado(“Declaration”). The property has located upon it four (4) buildings, with each building containing four(4)units and numbered as follows: Building No. 1-Units 7101-7104, inclusive, Building No. 2-Units 7105-7108, inclusive, Building No. 3-Units 7109-7112, inclusive, Building No. 4-Units 7113-7116, inclusive

Unpaid Assessments & Costs: $1,209.96

Attorneys Fees: $1,000.00

Total: $2,209.96

Lien Statement for Robert E Eastwood filed 12/30/14 as Doc. No. 21407756 against the following described Property to wit:

Unit Number 7109, Building Number 3A, Unit Week Number 22 in Elk Run Townhouses as recorded in Plat File No. 317 under Reception No. 140480, in the Office of the County Clerk and Recorder for Archuleta County, Colorado and subject to that Declaration of Protective Covenants and Interval Ownership for Elk Run Townhouses recorded June 26, 1986, under Reception No. 140481 in the Office of the County Clerk and Recorder for Archuleta County, Colorado(“Declaration”). The property has located upon it four (4) buildings, with each building containing four(4)units and numbered as follows: Building No. 1-Units 7101-7104, inclusive, Building No. 2-Units 7105-7108, inclusive, Building No. 3-Units 7109-7112, inclusive, Building No. 4-Units 7113-7116, inclusive

Unpaid Assessments & Costs: $1,474.96

Attorneys Fees: $1,000.00

Total: $2,474.96

Lien Statement for Johnny Neal Eastwood filed 12/30/14 as Doc. No. 21407756 against the following described Property to wit:

Unit Number 7109, Building Number 3A, Unit Week Number 22 in Elk Run Townhouses as recorded in Plat File No. 317 under Reception No. 140480, in the Office of the County Clerk and Recorder for Archuleta County, Colorado and subject to that Declaration of Protective Covenants and Interval Ownership for Elk Run Townhouses recorded June 26, 1986, under Reception No. 140481 in the Office of the County Clerk and Recorder for Archuleta County, Colorado(“Declaration”). The property has located upon it four (4) buildings, with each building containing four(4)units and numbered as follows: Building No. 1-Units 7101-7104, inclusive, Building No. 2-Units 7105-7108, inclusive, Building No. 3-Units 7109-7112, inclusive, Building No. 4-Units 7113-7116, inclusive

Unpaid Assessments & Costs: $1,474.96

Attorneys Fees: $1,000.00

Total: $2,474.96

Lien Statement for Janet Kay Balzano filed 12/30/14 as Doc. No. 21407756 against the following described Property to wit:

Unit Number 7109, Building Number 3A, Unit Week Number 22 in Elk Run Townhouses as recorded in Plat File No. 317 under Reception No. 140480, in the Office of the County Clerk and Recorder for Archuleta County, Colorado and subject to that Declaration of Protective Covenants and Interval Ownership for Elk Run Townhouses recorded June 26, 1986, under Reception No. 140481 in the Office of the County Clerk and Recorder for Archuleta County, Colorado(“Declaration”). The property has located upon it four (4) buildings, with each building containing four(4)units and numbered as follows: Building No. 1-Units 7101-7104, inclusive, Building No. 2-Units 7105-7108, inclusive, Building No. 3-Units 7109-7112, inclusive, Building No. 4-Units 7113-7116, inclusive

Unpaid Assessments & Costs: $1,474.96

Attorneys Fees: $1,000.00

Total: $2,474.96

Lien Statement for Corey Crawford filed 12/30/14 as Doc. No. 21407757 against the following described Property to wit:

Unit Number 7113, Building Number 4A, Unit Week Number 44 in Elk Run Townhouses as recorded in Plat File No. 317 under Reception No. 140480, in the Office of the County Clerk and Recorder for Archuleta County, Colorado and subject to that Declaration of Protective Covenants and Interval Ownership for Elk Run Townhouses recorded June 26, 1986, under Reception No. 140481 in the Office of the County Clerk and Recorder for Archuleta County, Colorado(“Declaration”). The property has located upon it four (4) buildings, with each building containing four(4)units and numbered as follows: Building No. 1-Units 7101-7104, inclusive, Building No. 2-Units 7105-7108, inclusive, Building No. 3-Units 7109-7112, inclusive, Building No. 4-Units 7113-7116, inclusive

Unpaid Assessments & Costs: $1,474.96

Attorneys Fees: $1,000.00

Total: $2,474.96

Lien Statement for Anne Crawford filed 12/30/14 as Doc. No. 21407757 against the following described Property to wit:

Unit Number 7113, Building Number 4A, Unit Week Number 44 in Elk Run Townhouses as recorded in Plat File No. 317 under Reception No. 140480, in the Office of the County Clerk and Recorder for Archuleta County, Colorado and subject to that Declaration of Protective Covenants and Interval Ownership for Elk Run Townhouses recorded June 26, 1986, under Reception No. 140481 in the Office of the County Clerk and Recorder for Archuleta County, Colorado(“Declaration”). The property has located upon it four (4) buildings, with each building containing four(4)units and numbered as follows: Building No. 1-Units 7101-7104, inclusive, Building No. 2-Units 7105-7108, inclusive, Building No. 3-Units 7109-7112, inclusive, Building No. 4-Units 7113-7116, inclusive

Unpaid Assessments & Costs: $1,474.96

Attorneys Fees: $1,000.00

Total: $2,474.96

Published December 10, 17, 24, 31, 2015 and January 7, 2016 in The Pagosa Springs SUN.

__________

CIRCUIT COURT, ARCHULETA COUNTY, 

COLORADO

Court Address:

449 San Juan St.

PO Box 148

Pagosa Springs CO 81147

Case Number: 2015CV30032

PLAINTIFF:

PTARMIGAN PROPERTY OWNERS 

ASSOCIATION INC. 

v. 

DEFENDANT(S):

CHARLES BANYARD et al.

COMBINED NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST AND RIGHTS TO CURE AND REDEEM

This Notice of Public Judicial Foreclosure Sale is given pursuant to the specific assessment lien in the First Supplemental Declaration to Supplemental Declaration of Protective Covenants and Internal Ownership for Ptarmigan Townhouses Property Owner’s Association, Inc., recorded on June 7, 1988, under Reception No. 156200, in the office of the County Clerk and Recorder for Archuleta County, Colorado.

Under a Judgment and Decree of Foreclosure entered September 15, 2015, in the above entitled action, I am ordered to sell certain real property, improvements and personal property secured by the Declaration, including without limitation the real property described as follows:

See Exhibit “A” attached hereto and made apart hereof

Owner(s): Charles Banyard

Gritter Family Services, LLC

Francis E. Fekkers

Anita E. Fekkers

Evidence of Debt: First Supplemental Declaration to Supplemental Declaration of Protective Covenants and Internal Ownership for Ptarmigan Townhouses Property Owner’s Association, Inc., recorded on June 7, 1988, under Reception No. 156200, in the office of the County Clerk and Recorder for Archuleta County, Colorado.

Current Holder of evidence of debt secured by the Declaration: Ptarmigan Property Owner’s Association, Inc.

Obligations Secured: The Declaration provides that it secures the payment of the Debt and obligations therein described including, but not limited to, the payment of attorneys’ fees and costs.

Agent: John D. Alford, Attorney at Law, Reg. No. 43104, 924 Adelaide Ave., Ft. Smith, Arkansas 72901

Association Assessments Due to: Ptarmigan Property Owner’s Association, Inc.

Debt: Timeshare Owner’s Assessments due to Association in the amount of

Charles Banyard $3,202.11

Gritter Family Services, LLC $3,144.38

Francis E. Fekkers $2,775.19

Anita E. Fekkers $2,775.19

Amount of Judgment Entered on September 15, 2015:See attached Exhibit “A”

Type of Sale: Judicial Foreclosure Sale of Timeshare Interest being conducted pursuant to the power of sale granted by the Declaration, the Colorado Property Code, and the Colorado Common Ownership Act

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

The covenants of said Declaration have been violated as follows: failure to make payments for assessments when the indebtedness was due and owing and the legal holder of the indebtedness has accelerated the same and declared the same immediately fully due and payable.

NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST

THEREFORE, NOTICE IS HEREBY GIVEN that I will, at 10 o’clock A.M., on February 3, 2016, in the Office of the Archuleta County Sheriff, Civil Division, 449 San Juan Street, Pagosa Springs, Colorado, sell to the highest and best bidder for cash, the said real property described above, and all interest of said Grantor and the heirs and assigns of said Grantor therein, subject to the provisions of the Declaration permitting the Association thereunder to have the bid credited to the Debt up to the amount of the unpaid Debt secured by the Declaration at the time of sale, for the purpose of paying the judgment amount entered herein, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: December 10, 2015

Last Publication: January 7, 2016

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 RGIHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF THE STATUTES WHICH MAY AFFECT YOUR RIGHTS IS ATTACHED HERETO.

A NOTICE OF INTENT TO CURE PURSUANT TO §38-38-104 C.R.S., SHALL BE FILED WITH THE OFFICER 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 §38-38-302 C.R.S. SHALL BE FILED WITH THE SHERIFF NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.

THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.

IF YOU BELIEVE THAT A LENDER OR SERVICER HAS VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN §38-38-103.1 OR THE PROHIBITION ON DUAL TRACKING IN §38-38-103.2, YOU MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL (1-800-222-4444), THE CONSUMER FINANCIAL PROTECTION BUREAU (1-855-411-2372), OR BOTH, BUT THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS.

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

John D. Alford, Attorney at Law, Reg. No. 43104, 924 Adelaide Avenue, Fort Smith, Arkansas 72901.

Attached hereto as EXHIBIT B are copies of certain Colorado statutes that may vitally affect your property rights in relation to this proceeding. Said proceeding may result in the loss of property in which you have an interest and mat create personal debt against you. You may wish to seek the advice of your own private attorney concerning your rights in relation to this foreclosure proceeding.

INTENT TO CURE OR REDEEM, as provided by the aforementioned laws, must be directed to or conducted at the Sheriff’s Department for Archuleta County, Civil Division, 449 San Juan Street, Pagosa Springs, Colorado, 81147.

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

This Sheriff’s Notice of Sale is signed November 13, 2015.

TONYA HAMILTON, Undersheriff,

Archuleta County, Colorado

By: Tonya Hamilton

Exhibit A

Detail Listing of Judgment Calculations

As of December 30, 2014

Defendant/Property Matter Amount

Lien Statement for Charles Banyard filed 12/30/14 as Doc. No. 21407764 against the following described Property to wit:

Unit Number 7210, Building Number 5B, Unit Week Number 4 in that property on which is located four (4) one-story buildings containing two (2) one-level townhouses units per building which are designated, respectively, as Building No. 5, Units 7209 and 7210; Building No. 6, Units 7211 and 7212; Building No. 7, Units 7213 and 7214; and Building No. 8, Units 7215 and 7216 as per plat recorded on June 7, 1988, in Plat Sheet No. 325 under Reception No. 156199, in the Office of the County Clerk and Recorder for Archuleta County, Colorado, and subject to that certain First Supplemental Declaration to Supplemental Declaration of Protective Covenants and Interval Ownership for Ptarmigan Townhouses recorded on June 7, 1988, under Reception No. 156200, Book 219, Page 33-38, in the Office of the County Clerk and Recorder for Archuleta County, Colorado (“Declaration).

Unpaid Assessments:

Costs: $2,202.11

Attorneys Fees: $1,000.00

Total: $3,202.11

Lien Statement for Gritter Family Services, LLC filed 12/30/14 as Doc. No. 21407765 against the following described Property to wit:

Unit Number 7211, Building Number 6B, Unit Week Number 7 in that property on which is located four (4) one-story buildings containing two (2) one-level townhouses units per building which are designated, respectively, as Building No. 5, Units 7209 and 7210; Building No. 6, Units 7211 and 7212; Building No. 7, Units 7213 and 7214; and Building No. 8, Units 7215 and 7216 as per plat recorded on June 7, 1988, in Plat Sheet No. 325 under Reception No. 156199, in the Office of the County Clerk and Recorder for Archuleta County, Colorado, and subject to that certain First Supplemental Declaration to Supplemental Declaration of Protective Covenants and Interval Ownership for Ptarmigan Townhouses recorded on June 7, 1988, under Reception No. 156200, Book 219, Page 33-38, in the Office of the County Clerk and Recorder for Archuleta County, Colorado (“Declaration).

Unpaid Assessments:

Costs: $2,144.38

Attorneys Fees: $1,000.00

Total: $3,144.38

Lien Statement for Francis E Fekkers filed 12/30/14 as Doc. No. 21407766 against the following described Property to wit:

Unit Number 7214, Building Number 7B, Unit Week Number 20 in that property on which is located four (4) one-story buildings containing two (2) one-level townhouses units per building which are designated, respectively, as Building No. 5, Units 7209 and 7210; Building No. 6, Units 7211 and 7212; Building No. 7, Units 7213 and 7214; and Building No. 8, Units 7215 and 7216 as per plat recorded on June 7, 1988, in Plat Sheet No. 325 under Reception No. 156199, in the Office of the County Clerk and Recorder for Archuleta County, Colorado, and subject to that certain First Supplemental Declaration to Supplemental Declaration of Protective Covenants and Interval Ownership for Ptarmigan Townhouses recorded on June 7, 1988, under Reception No. 156200, Book 219, Page 33-38, in the Office of the County Clerk and Recorder for Archuleta County, Colorado (“Declaration).

Unpaid Assessments:

Costs: $1,775.19

Attorneys Fees: $1,000.00

Total: $2,775.19

Lien Statement for Anita E Fekkers filed 12/30/14 as Doc. No. 21407766 against the following described Property to wit:

Unit Number 7214, Building Number 7B, Unit Week Number 20 in that property on which is located four (4) one-story buildings containing two (2) one-level townhouses units per building which are designated, respectively, as Building No. 5, Units 7209 and 7210; Building No. 6, Units 7211 and 7212; Building No. 7, Units 7213 and 7214; and Building No. 8, Units 7215 and 7216 as per plat recorded on June 7, 1988, in Plat Sheet No. 325 under Reception No. 156199, in the Office of the County Clerk and Recorder for Archuleta County, Colorado, and subject to that certain First Supplemental Declaration to Supplemental Declaration of Protective Covenants and Interval Ownership for Ptarmigan Townhouses recorded on June 7, 1988, under Reception No. 156200, Book 219, Page 33-38, in the Office of the County Clerk and Recorder for Archuleta County, Colorado (“Declaration).

Unpaid Assessments:

Costs: $1,775.19

Attorneys Fees: $1,000.00

Total: $2,775.19

Published December 10, 17, 24, 31, 2015 and January 7, 2016 in The Pagosa Springs SUN.

__________

CIRCUIT COURT, ARCHULETA COUNTY, 

COLORADO

Court Address:

449 San Juan St.

PO Box 148

Pagosa Springs CO 81147

Case Number: 2015CV30024

PLAINTIFF:

PTARMIGAN PROPERTY OWNERS 

ASSOCIATION INC. 

v. 

DEFENDANT(S):

STELLA DIRKS et al.

COMBINED NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST AND RIGHTS TO CURE AND REDEEM

This Notice of Public Judicial Foreclosure Sale is given pursuant to the specific assessment lien in the First Supplemental Declaration to Supplemental Declaration of Protective Covenants and Internal Ownership for Ptarmigan Townhouses Property Owner’s Association, Inc., recorded on June 7, 1988, under Reception No. 156200, in the office of the County Clerk and Recorder for Archuleta County, Colorado.

Under a Judgment and Decree of Foreclosure entered September 15, 2015, in the above entitled action, I am ordered to sell certain real property, improvements and personal property secured by the Declaration, including without limitation the real property described as follows:

See Exhibit “A” attached hereto and made apart hereof

Owner(s): Stella Dirks

Douglas R. Hartley

Evidence of Debt: First Supplemental Declaration to Supplemental Declaration of Protective Covenants and Internal Ownership for Ptarmigan Townhouses Property Owner’s Association, Inc., recorded on June 7, 1988, under Reception No. 156200, in the office of the County Clerk and Recorder for Archuleta County, Colorado.

Current Holder of evidence of debt secured by the Declaration: Ptarmigan Property Owner’s Association, Inc.

Obligations Secured: The Declaration provides that it secures the payment of the Debt and obligations therein described including, but not limited to, the payment of attorneys’ fees and costs.

Agent: John D. Alford, Attorney at Law, Reg. No. 43104, 924 Adelaide Ave., Ft. Smith, Arkansas 72901

Association Assessments Due to: Ptarmigan Property Owner’s Association, Inc.

Debt: Timeshare Owner’s Assessments due to Association in the amount of

Stella Dirks $3,117.64

Douglas R. Hartley $2,320.38

Amount of Judgment Entered on September 15, 2015: See attached Exhibit “A”

Type of Sale: Judicial Foreclosure Sale of Timeshare Interest being conducted pursuant to the power of sale granted by the Declaration, the Colorado Property Code, and the Colorado Common Ownership Act

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

The covenants of said Declaration have been violated as follows: failure to make payments for assessments when the indebtedness was due and owing and the legal holder of the indebtedness has accelerated the same and declared the same immediately fully due and payable. 

NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST

THEREFORE, NOTICE IS HEREBY GIVEN that I will, at 10 o’clock A.M., on Wedesday, February 3, 2016, in the Office of the Archuleta County Sheriff, Civil Division, 449 San Juan Street, Pagosa Springs, Colorado, sell to the highest and best bidder for cash, the said real property described above, and all interest of said Grantor and the heirs and assigns of said Grantor therein, subject to the provisions of the Declaration permitting the Association thereunder to have the bid credited to the Debt up to the amount of the unpaid Debt secured by the Declaration at the time of sale, for the purpose of paying the judgment amount entered herein, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: December 10, 2015

Last Publication: January 7, 2016

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 RGIHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF THE STATUTES WHICH MAY AFFECT YOUR RIGHTS IS ATTACHED HERETO.

A NOTICE OF INTENT TO CURE PURSUANT TO §38-38-104 C.R.S., SHALL BE FILED WITH THE OFFICER 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 §38-38-302 C.R.S. SHALL BE FILED WITH THE SHERIFF NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.

THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.

IF YOU BELIEVE THAT A LENDER OR SERVICER HAS VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN §38-38-103.1 OR THE PROHIBITION ON DUAL TRACKING IN §38-38-103.2, YOU MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL (1-800-222-4444), THE CONSUMER FINANCIAL PROTECTION BUREAU (1-855-411-2372), OR BOTH, BUT THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS.

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

John D. Alford, Attorney at Law, Reg. No. 43104, 924 Adelaide Avenue, Fort Smith, Arkansas 72901.

Attached hereto as EXHIBIT B are copies of certain Colorado statutes that may vitally affect your property rights in relation to this proceeding. Said proceeding may result in the loss of property in which you have an interest and mat create personal debt against you. You may wish to seek the advice of your own private attorney concerning your rights in relation to this foreclosure proceeding.

INTENT TO CURE OR REDEEM, as provided by the aforementioned laws, must be directed to or conducted at the Sheriff’s Department for Archuleta County, Civil Division, 449 San Juan Street, Pagosa Springs, Colorado, 81147.

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

This Sheriff’s Notice of Sale is signed November 13, 2015.

TONYA HAMILTON, Undersheriff,

Archuleta County, Colorado

By: Tonya Hamilton

Exhibit A

Detail Listing of Judgment Calculations

As of December 30, 2014

Defendant/Property Matter Amount

Lien Statement for Stella Dirks filed 12/30/14 as Doc. No. 21407767 against the following described Property to wit:

Unit Number 7219, Building Number 10B, Unit Week Number 42 in that property on which is located three(3)one-story buildings containing two(2)one-level townhouse units per building which are designated, respectively, as Building No. 9, Units 7217 and 7218; Building No. 10, Units 7219 and 7220; and Building No. 11, Units 7221 and 7222 as per plat recorded on June 7, 1988, in Plat Sheet No. 326 under Reception No. 156202, in the Office of the County Clerk and Recorder for Archuleta County, Colorado, and subject to that certain Second Supplemental Declaration to Declaration of Protective Covenants and Interval Ownership for Ptarmigan Townhouses recorded on June 7, 1988, under Reception No. 156203, Book 219, Page 43-48, in the Office of the County Clerk and Recorder for Archuleta County, Colorado.

Unpaid Assessments:

Costs: $2,117.61

Attorneys Fees: $1,000.00

Total: $3,117.64

Lien Statement for Douglas R Hartley filed 12/30/14 as Doc. No. 21407768 against the following described Property to wit:

Unit Number 7220, Building Number 10B, Unit Week Number 12 in that property on which is located three(3)one-story buildings containing two(2)one-level townhouse units per building which are designated, respectively, as Building No. 9, Units 7217 and 7218; Building No. 10, Units 7219 and 7220; and Building No. 11, Units 7221 and 7222 as per plat recorded on June 7, 1988, in Plat Sheet No. 326 under Reception No. 156202, in the Office of the County Clerk and Recorder for Archuleta County, Colorado, and subject to that certain Second Supplemental Declaration to Declaration of Protective Covenants and Interval Ownership for Ptarmigan Townhouses recorded on June 7, 1988, under Reception No. 156203, Book 219, Page 43-48, in the Office of the County Clerk and Recorder for Archuleta County, Colorado.

Unpaid Assessments:

Costs: $1,320.38

Attorneys Fees: $1,000.00

Total: $2,320.38

Published December 10, 17, 24, 31, 2015 and January 7, 2016 in The Pagosa Springs SUN.

__________

CIRCUIT COURT, ARCHULETA COUNTY, 

COLORADO

Court Address:

449 San Juan St.

PO Box 148

Pagosa Springs CO 81147

Case Number: 2015CV30025

PLAINTIFF:

PTARMIGAN PROPERTY OWNERS 

ASSOCIATION INC. 

v. 

DEFENDANT(S):

PACIFIC PROPERTY INVESTMENTS LLC et al.

COMBINED NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST AND RIGHTS TO CURE AND REDEEM

This Notice of Public Judicial Foreclosure Sale is given pursuant to the specific assessment lien in the First Supplemental Declaration to Supplemental Declaration of Protective Covenants and Internal Ownership for Ptarmigan Townhouses Property Owner’s Association, Inc., recorded on June 7, 1988, under Reception No. 156200, in the office of the County Clerk and Recorder for Archuleta County, Colorado.

Under a Judgment and Decree of Foreclosure entered September 15, 2015, in the above entitled action, I am ordered to sell certain real property, improvements and personal property secured by the Declaration, including without limitation the real property described as follows:

See Exhibit “A” attached hereto and made apart hereof

Owner(s): Pacific Property Investments LLC

Richard J Farmer

Edith A Farmer

Evidence of Debt: First Supplemental Declaration to Supplemental Declaration of Protective Covenants and Internal Ownership for Ptarmigan Townhouses Property Owner’s Association, Inc., recorded on June 7, 1988, under Reception No. 156200, in the office of the County Clerk and Recorder for Archuleta County, Colorado.

Current Holder of evidence of debt secured by the Declaration: Ptarmigan Property Owner’s Association, Inc.

Obligations Secured: The Declaration provides that it secures the payment of the Debt and obligations therein described including, but not limited to, the payment of attorneys’ fees and costs.

Agent: John D. Alford, Attorney at Law, Reg. No. 43104, 924 Adelaide Ave., Ft. Smith, Arkansas 72901

Association Assessments Due to: Ptarmigan Property Owner’s Association, Inc.

Debt: Timeshare Owner’s Assessments due to Association in the amount of

Pacific Property Investments LLC $3,144.38

Richard J Farmer $3,202.11

Edith A Farme $3,202.11

Amount of Judgment Entered on September 15, 2015: See attached Exhibit “A”

Type of Sale: Judicial Foreclosure Sale of Timeshare Interest being conducted pursuant to the power of sale granted by the Declaration, the Colorado Property Code, and the Colorado Common Ownership Act

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

The covenants of said Declaration have been violated as follows: failure to make payments for assessments when the indebtedness was due and owing and the legal holder of the indebtedness has accelerated the same and declared the same immediately fully due and payable.

NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST

THEREFORE, NOTICE IS HEREBY GIVEN that I will, at 10 o’clock A.M., on Wednesday, February 3, 2016, in the Office of the Archuleta County Sheriff, Civil Division, 449 San Juan Street, Pagosa Springs, Colorado, sell to the highest and best bidder for cash, the said real property described above, and all interest of said Grantor and the heirs and assigns of said Grantor therein, subject to the provisions of the Declaration permitting the Association thereunder to have the bid credited to the Debt up to the amount of the unpaid Debt secured by the Declaration at the time of sale, for the purpose of paying the judgment amount entered herein, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: December 10, 2015

Last Publication: January 7, 2016

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 RGIHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF THE STATUTES WHICH MAY AFFECT YOUR RIGHTS IS ATTACHED HERETO.

A NOTICE OF INTENT TO CURE PURSUANT TO §38-38-104 C.R.S., SHALL BE FILED WITH THE OFFICER 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 §38-38-302 C.R.S. SHALL BE FILED WITH THE SHERIFF NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.

THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.

IF YOU BELIEVE THAT A LENDER OR SERVICER HAS VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN §38-38-103.1 OR THE PROHIBITION ON DUAL TRACKING IN §38-38-103.2, YOU MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL (1-800-222-4444), THE CONSUMER FINANCIAL PROTECTION BUREAU (1-855-411-2372), OR BOTH, BUT THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS.

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

John D. Alford, Attorney at Law, Reg. No. 43104, 924 Adelaide Avenue, Fort Smith, Arkansas 72901.

Attached hereto as EXHIBIT B are copies of certain Colorado statutes that may vitally affect your property rights in relation to this proceeding. Said proceeding may result in the loss of property in which you have an interest and mat create personal debt against you. You may wish to seek the advice of your own private attorney concerning your rights in relation to this foreclosure proceeding.

INTENT TO CURE OR REDEEM, as provided by the aforementioned laws, must be directed to or conducted at the Sheriff’s Department for Archuleta County, Civil Division, 449 San Juan Street, Pagosa Springs, Colorado, 81147.

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

This Sheriff’s Notice of Sale is signed November 13, 2015.

TONYA HAMILTON, Undersheriff,

Archuleta County, Colorado

By: Tonya Hamilton

Exhibit A

Detail Listing of Judgment Calculations

As of December 30, 2014

Defendant/Property Matter Amount

Lien Statement for Pacific Property Investments, LLC filed 12/30/14 as Doc. No. 21407769 against the following described Property to wit:

Unit Number 7225, Building Number 13B, Unit Week Number 17 in that property on which is located three(3)one-story buildings containing two(2)one-level townhouse units per building which are designated, respectively, as Building No. 12, Units 7223 and 7224; Building No. 13, Units 7225 and 7226; and Building No. 14, Units 7227 and 7228 as per plat recorded on November 3, 1988, in Plat Map No. 327 under Reception No. 159241, in the Office of the County Clerk and Recorder for Archuleta County, Colorado, and further subject to that certain Third Supplemental Declaration to Declaration of Protective Covenants and Interval Ownership for Ptarmigan Townhouses recorded on November 2, 1988, under Reception No. 159242, in Record Book 233, Page 171 and rerecorded on November 21, 1988, under Reception No. 0159517 in Record Book 234, Page 283, in the Office of the County Clerk and Recorder for Archuleta County, Colorado. Unpaid Assessments &

Costs: $2,144.38

Attorneys Fees: $1,000.00

Total: $3,144.38

Lien Statement for Richard J Farmer filed 12/30/14 as Doc. No. 21407770 against the following described Property to wit:

Unit Number 7227, Building Number 14B, Unit Week Number 6 in that property on which is located three(3)one-story buildings containing two(2)one-level townhouse units per building which are designated, respectively, as Building No. 12, Units 7223 and 7224; Building No. 13, Units 7225 and 7226; and Building No. 14, Units 7227 and 7228 as per plat recorded on November 3, 1988, in Plat Map No. 327 under Reception No. 159241, in the Office of the County Clerk and Recorder for Archuleta County, Colorado, and further subject to that certain Third Supplemental Declaration to Declaration of Protective Covenants and Interval Ownership for Ptarmigan Townhouses recorded on November 2, 1988, under Reception No. 159242, in Record Book 233, Page 171 and rerecorded on November 21, 1988, under Reception No. 0159517 in Record Book 234, Page 283, in the Office of the County Clerk and Recorder for Archuleta County, Colorado. Unpaid Assessments &

Costs: $2,202.11

Attorneys Fees: $1,000.00

Total: $3,202.11

Lien Statement for Edith A Farmer filed 12/30/14 as Doc. No. 21407770 against the following described Property to wit:

Unit Number 7227, Building Number 14B, Unit Week Number 6 in that property on which is located three(3)one-story buildings containing two(2)one-level townhouse units per building which are designated, respectively, as Building No. 12, Units 7223 and 7224; Building No. 13, Units 7225 and 7226; and Building No. 14, Units 7227 and 7228 as per plat recorded on November 3, 1988, in Plat Map No. 327 under Reception No. 159241, in the Office of the County Clerk and Recorder for Archuleta County, Colorado, and further subject to that certain Third Supplemental Declaration to Declaration of Protective Covenants and Interval Ownership for Ptarmigan Townhouses recorded on November 2, 1988, under Reception No. 159242, in Record Book 233, Page 171 and rerecorded on November 21, 1988, under Reception No. 0159517 in Record Book 234, Page 283, in the Office of the County Clerk and Recorder for Archuleta County, Colorado. Unpaid Assessments &

Costs: $2,202.11

Attorneys Fees: $1,000.00

Total: $3,202.11

Published December 10, 17, 24, 31, 2015 and January 7, 2016 in The Pagosa Springs SUN.

__________

DISTRICT COURT, ARCHULETA COUNTY, 

COLORADO

Court Address:

449 San Juan St.

PO Box 148

Pagosa Springs CO 81147

Case Number: 2015CV30026

PLAINTIFF:

VILLAGE POINTE PROPERTY OWNERS 

ASSOCIATION INC. 

v. 

DEFENDANT(S):

ALL THE WORLD TRAVEL LLC et al.

COMBINED NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST AND RIGHTS TO CURE AND REDEEM

This Notice of Public Judicial Foreclosure Sale is given pursuant to the specific assessment lien in the Declaration of Protective Covenants and Internal Ownership for Village Pointe Property Owner’s Association, Inc., recorded the 6th day of January, 1989 under Reception No. 0160495, and further subject to that Second Amendment to Declaration of Condominium and Interval Ownership for Village Pointe Condominiums recorded on January 16, 1990, at Reception No. 0168714, Book 280, Page 213 in the office of the County Clerk and Recorder for Archuleta County, Colorado.

Under a Judgment and Decree of Foreclosure entered September 15, 2015, in the above entitled action, I am ordered to sell certain real property, improvements and personal property secured by the Declaration, including without limitation the real property described as follows:

See Exhibit “A” attached hereto and made apart hereof

Owner(s): All The World Travel LLC

Karen J Clayton

Evidence of Debt: Declaration of Protective Covenants and Internal Ownership for Elk Run Property Owner’s Association, recorded the 29th day of July, 1983 under Reception No. 117700 and further subject to that First Supplemental Declaration of Individual and/or Interval Ownership for Eagles Loft recorded on October 7, 1983, under Reception No. 119119 all in the office of the County Clerk and Recorded for Archuleta County, Colorado.

Current Holder of evidence of debt secured by the Declaration: Eagles Loft Property Owner’s Association, Inc.

Obligations Secured: The Declaration provides that it secures the payment of the Debt and obligations therein described including, but not limited to, the payment of attorneys’ fees and costs.

Agent: John D. Alford, Attorney at Law, Reg. No. 43104, 924 Adelaide Ave., Ft. Smith, Arkansas 72901

Association Assessments Due to: Eagles Loft Property Owner’s Association, Inc.

Debt: Timeshare Owner’s Assessments due to Association in the amount of

All The World Travel LLC $3,155.84

Karen J Clayton $3,155.84

Amount of Judgment Entered on September 15, 2015 See attached Exhibit “A”

Type of Sale: Judicial Foreclosure Sale of Timeshare Interest being conducted pursuant to the power of sale granted by the Declaration, the Colorado Property Code, and the Colorado Common Ownership Act

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

The covenants of said Declaration have been violated as follows: failure to make payments for assessments when the indebtedness was due and owing and the legal holder of the indebtedness has accelerated the same and declared the same immediately fully due and payable.

NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST

THEREFORE, NOTICE IS HEREBY GIVEN that I will, at 10 o’clock A.M., on Wednesday, February 3, 2016, in the Office of the Archuleta County Sheriff, Civil Division, 449 San Juan Street, Pagosa Springs, Colorado, sell to the highest and best bidder for cash, the said real property described above, and all interest of said Grantor and the heirs and assigns of said Grantor therein, subject to the provisions of the Declaration permitting the Association thereunder to have the bid credited to the Debt up to the amount of the unpaid Debt secured by the Declaration at the time of sale, for the purpose of paying the judgment amount entered herein, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: December 10, 2015

Last Publication: January 7, 2016

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 RGIHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF THE STATUTES WHICH MAY AFFECT YOUR RIGHTS IS ATTACHED HERETO.

A NOTICE OF INTENT TO CURE PURSUANT TO §38-38-104 C.R.S., SHALL BE FILED WITH THE OFFICER 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 §38-38-302 C.R.S. SHALL BE FILED WITH THE SHERIFF NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.

THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.

IF YOU BELIEVE THAT A LENDER OR SERVICER HAS VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN §38-38-103.1 OR THE PROHIBITION ON DUAL TRACKING IN §38-38-103.2, YOU MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL (1-800-222-4444), THE CONSUMER FINANCIAL PROTECTION BUREAU (1-855-411-2372), OR BOTH, BUT THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS.

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

John D. Alford, Attorney at Law, Reg. No. 43104, 924 Adelaide Avenue, Fort Smith, Arkansas 72901.

Attached hereto as EXHIBIT B are copies of certain Colorado statutes that may vitally affect your property rights in relation to this proceeding. Said proceeding may result in the loss of property in which you have an interest and mat create personal debt against you. You may wish to seek the advice of your own private attorney concerning your rights in relation to this foreclosure proceeding.

INTENT TO CURE OR REDEEM, as provided by the aforementioned laws, must be directed to or conducted at the Sheriff’s Department for Archuleta County, Civil Division, 449 San Juan Street, Pagosa Springs, Colorado, 81147.

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

This Sheriff’s Notice of Sale is signed November 13, 2015.

TONYA HAMILTON, Undersheriff,

Archuleta County, Colorado

By: Tonya Hamilton

Exhibit A

Detail Listing of Judgment Calculations

As of December 30, 2014

Defendant/Property Matter Amount

Lien Statement for All The World Travel, LLC filed 12/30/14 as Doc. No. 21407738 against the following described Property to wit:Unit Number 7503, Building 1D, Unit Week Number 1 in that property which is described as a parcel of land being a portion of Parcel B, Third Replat of South Village Lake, recorded as Reception No. 130304, in the Office of the County Clerk and Recorder, Archuleta County, Colorado, that property on which is located two (2) two-story buildings containing four units per building, which are designated, respectively, as Building 1, Units 7501, 7502, 7503 and 7504; and Building 2, Units 7505, 7506, 7507, and 7508 as per Plat File No. 331 A-E, Reception No. 0168713, and which are subject to that certain Declaration of Condominium and Interval Ownership dated December 30, 1988, recorded January 6, 1989 at Reception No. 0160495, Book 239, Page 2 and Second Amendment to Declaration of Condominium and Interval Ownership for Village Pointe Condominiums recorded January 16, 1990, at Reception No. 0168714, Book 280, Page 213, with the Office of the County Clerk and Recorder for Archuleta County, Colorado, at such time as the final as-built plat has been recorded. Unpaid Assessments:

Costs: $2,155.84

Attorneys Fees: $1,000.00

Total: $3,155.84

Lien Statement for Karen J Clayton filed 12/30/14 as Doc. No. 21407736 against the following described Property to wit:

Unit Number 7503, Building 1D, Unit Week Number 17 in that property which is described as a parcel of land being a portion of Parcel B, Third Replat of South Village Lake, recorded as Reception No. 130304, in the Office of the County Clerk and Recorder, Archuleta County, Colorado, that property on which is located two (2) two-story buildings containing four units per building, which are designated, respectively, as Building 1, Units 7501, 7502, 7503 and 7504; and Building 2, Units 7505, 7506, 7507, and 7508 as per Plat File No. 331 A-E, Reception No. 0168713, and which are subject to that certain Declaration of Condominium and Interval Ownership dated December 30, 1988, recorded January 6, 1989 at Reception No. 0160495, Book 239, Page 2 and Second Amendment to Declaration of Condominium and Interval Ownership for Village Pointe Condominiums recorded January 16, 1990, at Reception No. 0168714, Book 280, Page 213, with the Office of the County Clerk and Recorder for Archuleta County, Colorado, at such time as the final as-built plat has been recorded

Unpaid Assessments:

Costs: $2,155.84

Attorneys Fees: $1,000.00

Total: $3,155.84

Published December 10, 17, 24, 31, 2015 and January 7, 2016 in The Pagosa Springs SUN.

__________

DISTRICT COURT, ARCHULETA COUNTY, 

COLORADO

Court Address:

449 San Juan St.

PO Box 148

Pagosa Springs CO 81147

Case Number: 2015CV30027

PLAINTIFF:

VILLAGE POINTE PROPERTY OWNERS 

ASSOCIATION INC. 

v. 

DEFENDANT(S):

DALLAS ESTATE HOLDINGS LLC et al.

COMBINED NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST AND RIGHTS TO CURE AND REDEEM

This Notice of Public Judicial Foreclosure Sale is given pursuant to the specific assessment lien in the Declaration of Protective Covenants and Internal Ownership for Village Pointe Property Owner’s Association, Inc., recorded the 6th day of January, 1989 under Reception No. 0160495, and further subject to that Second Amendment to Declaration of Condominium and Interval Ownership for Village Pointe Condominiums recorded on January 16, 1990, at Reception No. 0168714, Book 280, Page 213 in the office of the County Clerk and Recorder for Archuleta County, Colorado.

Under a Judgment and Decree of Foreclosure entered September 15, 2015, in the above entitled action, I am ordered to sell certain real property, improvements and personal property secured by the Declaration, including without limitation the real property described as follows:

See Exhibit “A” attached hereto and made apart hereof

Owner(s): Dallas Estate Holdings LLC

Stella Dirks

Oneida K Clifton

Richard J Farmer

Edith A Farmer

Evidence of Debt: Declaration of Protective Covenants and Internal Ownership for Elk Run Property Owner’s Association, recorded the 29th day of July, 1983 under Reception No. 117700 and further subject to that First Supplemental Declaration of Individual and/or Interval Ownership for Eagles Loft recorded on October 7, 1983, under Reception No. 119119 all in the office of the County Clerk and Recorded for Archuleta County, Colorado.

Current Holder of evidence of debt secured by the Declaration: Eagles Loft Property Owner’s Association, Inc.

Obligations Secured: The Declaration provides that it secures the payment of the Debt and obligations therein described including, but not limited to, the payment of attorneys’ fees and costs.

Agent: John D. Alford, Attorney at Law, Reg. No. 43104, 924 Adelaide Ave., Ft. Smith, Arkansas 72901

Association Assessments Due to: Eagles Loft Property Owner’s Association, Inc.

Debt: Timeshare Owner’s Assessments due to Association in the amount of

Dallas Estate Holdings LLC $3,155.84

Stella Dirks $3,155.84

Oneida K Clifton $3,155.84

Richard J Farmer $3,155.84

Edith A Farmer $3,155.84

Amount of Judgment Entered on September 15, 2015 See attached Exhibit “A”

Type of Sale: Judicial Foreclosure Sale of Timeshare Interest being conducted pursuant to the power of sale granted by the Declaration, the Colorado Property Code, and the Colorado Common Ownership Act

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

The covenants of said Declaration have been violated as follows: failure to make payments for assessments when the indebtedness was due and owing and the legal holder of the indebtedness has accelerated the same and declared the same immediately fully due and payable.

NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST

THEREFORE, NOTICE IS HEREBY GIVEN that I will, at 10 o’clock A.M., on Wednesday, February 3, 2016, in the Office of the Archuleta County Sheriff, Civil Division, 449 San Juan Street, Pagosa Springs, Colorado, sell to the highest and best bidder for cash, the said real property described above, and all interest of said Grantor and the heirs and assigns of said Grantor therein, subject to the provisions of the Declaration permitting the Association thereunder to have the bid credited to the Debt up to the amount of the unpaid Debt secured by the Declaration at the time of sale, for the purpose of paying the judgment amount entered herein, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: December 10, 2015

Last Publication: January 7, 2015

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 RGIHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF THE STATUTES WHICH MAY AFFECT YOUR RIGHTS IS ATTACHED HERETO.

A NOTICE OF INTENT TO CURE PURSUANT TO §38-38-104 C.R.S., SHALL BE FILED WITH THE OFFICER 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 §38-38-302 C.R.S. SHALL BE FILED WITH THE SHERIFF NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.

THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.

IF YOU BELIEVE THAT A LENDER OR SERVICER HAS VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN §38-38-103.1 OR THE PROHIBITION ON DUAL TRACKING IN §38-38-103.2, YOU MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL (1-800-222-4444), THE CONSUMER FINANCIAL PROTECTION BUREAU (1-855-411-2372), OR BOTH, BUT THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS.

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

John D. Alford, Attorney at Law, Reg. No. 43104, 924 Adelaide Avenue, Fort Smith, Arkansas 72901.

Attached hereto as EXHIBIT B are copies of certain Colorado statutes that may vitally affect your property rights in relation to this proceeding. Said proceeding may result in the loss of property in which you have an interest and mat create personal debt against you. You may wish to seek the advice of your own private attorney concerning your rights in relation to this foreclosure proceeding.

INTENT TO CURE OR REDEEM, as provided by the aforementioned laws, must be directed to or conducted at the Sheriff’s Department for Archuleta County, Civil Division, 449 San Juan Street, Pagosa Springs, Colorado, 81147.

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

This Sheriff’s Notice of Sale is signed November 13, 2015.

TONYA HAMILTON, Undersheriff,

Archuleta County, Colorado

By: Tonya Hamilton

Exhibit A

Detail Listing of Judgment Calculations

As of December 30, 2014

Defendant/Property Matter Amount

Lien Statement for Dallas Estate Holdings, LLC filed 12/30/14 as Doc. No. 21407739 against the following described Property to wit:

Unit Number 7509, Building 3D, Unit Week Number 5 in that property which is described as a parcel of land being a portion of Parcel B, Third Replat of South Village Lake, recorded as Reception No. 130304, in the Office of the County Clerk and Recorder, Archuleta County, Colorado. The property is described as Village Pointe Phase II recorded in Plat File No. 332-332A-E, under Reception No. 171189 in the Office of the County Clerk and Recorder for Archuleta County, Colorado and is subject to the First Supplemental Declaration to Declaration of Protective Covenants and Interval Ownership for Village Pointe Condominiums Phase II recorded May 3, 1990, Reception No. 171190, Book 292, Page 242, in the Office of the County Clerk and Recorder for Archuleta County, Colorado. The property has located upon it two buildings described as Building 3, containing four units designated, respectively, as Units 7509, 7510, 7511 and 7512; and Building 4 contains four units designated, respectively, as Units 7513, 7514, 7515, 7516.

Unpaid Assessments:

Costs: $2,155.84

Attorneys Fees: $1,000.00

Total: $3,155.84

Lien Statement for Stella Dirks filed 12/30/14 as Doc. No. 21407740 against the following described Property to wit:

Unit Number 7510, Building 3D, Unit Week Number 18 in that property which is described as a parcel of land being a portion of Parcel B, Third Replat of South Village Lake, recorded as Reception No. 130304, in the Office of the County Clerk and Recorder, Archuleta County, Colorado. The property is described as Village Pointe Phase II recorded in Plat File No. 332-332A-E, under Reception No. 171189 in the Office of the County Clerk and Recorder for Archuleta County, Colorado and is subject to the First Supplemental Declaration to Declaration of Protective Covenants and Interval Ownership for Village Pointe Condominiums Phase II recorded May 3, 1990, Reception No. 171190, Book 292, Page 242, in the Office of the County Clerk and Recorder for Archuleta County, Colorado. The property has located upon it two buildings described as Building 3, containing four units designated, respectively, as Units 7509, 7510, 7511 and 7512; and Building 4 contains four units designated, respectively, as Units 7513, 7514, 7515, 7516.

Unpaid Assessments:

Costs: $2,155.84

Attorneys Fees: $1,000.00

Total: $3,155.84

Lien Statement for Oneida K Clifton filed 12/30/14 as Doc. No. 21407741 against the following described Property to wit: Unit Number 7512, Building 3D, Unit Week Number 20 in that property which is described as a parcel of land being a portion of Parcel B, Third Replat of South Village Lake, recorded as Reception No. 130304, in the Office of the County Clerk and Recorder, Archuleta County, Colorado. The property is described as Village Pointe Phase II recorded in Plat File No. 332-332A-E, under Reception No. 171189 in the Office of the County Clerk and Recorder for Archuleta County, Colorado and is subject to the First Supplemental Declaration to Declaration of Protective Covenants and Interval Ownership for Village Pointe Condominiums Phase II recorded May 3, 1990, Reception No. 171190, Book 292, Page 242, in the Office of the County Clerk and Recorder for Archuleta County, Colorado. The property has located upon it two buildings described as Building 3, containing four units designated, respectively, as Units 7509, 7510, 7511 and 7512; and Building 4 contains four units designated, respectively, as Units 7513, 7514, 7515, 7516.

Unpaid Assessments:

Costs: $2,155.84

Attorneys Fees: $1,000.00

Total: $3,155.84

Lien Statement for Richard J Farmer filed 12/30/14 as Doc. No. 21407742 against the following described Property to wit:

Unit Number 7513, Building 4D, Unit Week Number 18 in that property which is described as a parcel of land being a portion of Parcel B, Third Replat of South Village Lake, recorded as Reception No. 130304, in the Office of the County Clerk and Recorder, Archuleta County, Colorado. The property is described as Village Pointe Phase II recorded in Plat File No. 332-332A-E, under Reception No. 171189 in the Office of the County Clerk and Recorder for Archuleta County, Colorado and is subject to the First Supplemental Declaration to Declaration of Protective Covenants and Interval Ownership for Village Pointe Condominiums Phase II recorded May 3, 1990, Reception No. 171190, Book 292, Page 242, in the Office of the County Clerk and Recorder for Archuleta County, Colorado. The property has located upon it two buildings described as Building 3, containing four units designated, respectively, as Units 7509, 7510, 7511 and 7512; and Building 4 contains four units designated, respectively, as Units 7513, 7514, 7515, 7516.

Unpaid Assessments:

Costs: $2,155.84

Attorneys Fees: $1,000.00

Total: $3,155.84

Lien Statement for Edith A Farmer filed 12/30/14 as Doc. No. 21407742 against the following described Property to wit:

Unit Number 7513, Building 4D, Unit Week Number 18 in that property which is described as a parcel of land being a portion of Parcel B, Third Replat of South Village Lake, recorded as Reception No. 130304, in the Office of the County Clerk and Recorder, Archuleta County, Colorado. The property is described as Village Pointe Phase II recorded in Plat File No. 332-332A-E, under Reception No. 171189 in the Office of the County Clerk and Recorder for Archuleta County, Colorado and is subject to the First Supplemental Declaration to Declaration of Protective Covenants and Interval Ownership for Village Pointe Condominiums Phase II recorded May 3, 1990, Reception No. 171190, Book 292, Page 242, in the Office of the County Clerk and Recorder for Archuleta County, Colorado. The property has located upon it two buildings described as Building 3, containing four units designated, respectively, as Units 7509, 7510, 7511 and 7512; and Building 4 contains four units designated, respectively, as Units 7513, 7514, 7515, 7516.

Unpaid Assessments:

Costs: $2,155.84

Attorneys Fees: $1,000.00

Total: $3,155.84

Published December 10, 17, 24, 31, 2015 and January 7, 2016 in The Pagosa Springs SUN.

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DISTRICT COURT, ARCHULETA COUNTY, 

COLORADO

Court Address:

449 San Juan St.

PO Box 148

Pagosa Springs CO 81147

Case Number: 2015CV30028

PLAINTIFF:

VILLAGE POINTE PROPERTY OWNERS 

ASSOCIATION INC. 

v. 

DEFENDANT(S):

JAMES H MAYFIELD et al.

COMBINED NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST AND RIGHTS TO CURE AND REDEEM

This Notice of Public Judicial Foreclosure Sale is given pursuant to the specific assessment lien in the Declaration of Protective Covenants and Internal Ownership for Village Pointe Property Owner’s Association, Inc., recorded the 6th day of January, 1989 under Reception No. 0160495, and further subject to that Second Amendment to Declaration of Condominium and Interval Ownership for Village Pointe Condominiums recorded on January 16, 1990, at Reception No. 0168714, Book 280, Page 213 in the office of the County Clerk and Recorder for Archuleta County, Colorado.

Under a Judgment and Decree of Foreclosure entered September 15, 2015, in the above entitled action, I am ordered to sell certain real property, improvements and personal property secured by the Declaration, including without limitation the real property described as follows:

See Exhibit “A” attached hereto and made apart hereof

Owner(s): James H Mayfield

Billie A Mayfield

Thomas J Gerken

Jill E Gerken

William C Mueller

George Barkas

Martha Jean Burggraf

James C Burggraf

Yvonne Barkas

Barbara N Kelly

Stella Dirks

Evidence of Debt: Declaration of Protective Covenants and Internal Ownership for Elk Run Property Owner’s Association, recorded the 29th day of July, 1983 under Reception No. 117700 and further subject to that First Supplemental Declaration of Individual and/or Interval Ownership for Eagles Loft recorded on October 7, 1983, under Reception No. 119119 all in the office of the County Clerk and Recorded for Archuleta County, Colorado.

Current Holder of evidence of debt secured by the Declaration: Eagles Loft Property Owner’s Association, Inc.

Obligations Secured: The Declaration provides that it secures the payment of the Debt and obligations therein described including, but not limited to, the payment of attorneys’ fees and costs.

Agent: John D. Alford, Attorney at Law, Reg. No. 43104, 924 Adelaide Ave., Ft. Smith, Arkansas 72901

Association Assessments Due to: Eagles Loft Property Owner’s Association, Inc.

Debt: Timeshare Owner’s Assessments due to Association in the amount of

James H Mayfield $3,155.84

Billie A Mayfield $3,155.84

Thomas J Gerken $3,105.34

Jill E Gerken $3,105.34

William C Mueller $3,130.84

George Barkas $3,976.43

Martha Jean Burggraf $3,155.84

James C Burggraf $3,155.84

Yvonne Barkas $3,155.84

Barbara N Kelly $3,155.84

Stella Dirks $3,155.84

Amount of Judgment Entered on September 15, 2015 See attached Exhibit “A”

Type of Sale: Judicial Foreclosure Sale of Timeshare Interest being conducted pursuant to the power of sale granted by the Declaration, the Colorado Property Code, and the Colorado Common Ownership Act

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

The covenants of said Declaration have been violated as follows: failure to make payments for assessments when the indebtedness was due and owing and the legal holder of the indebtedness has accelerated the same and declared the same immediately fully due and payable.

NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST

THEREFORE, NOTICE IS HEREBY GIVEN that I will, at 10 o’clock A.M., on Wednesday, February 3, 2016, in the Office of the Archuleta County Sheriff, Civil Division, 449 San Juan Street, Pagosa Springs, Colorado, sell to the highest and best bidder for cash, the said real property described above, and all interest of said Grantor and the heirs and assigns of said Grantor therein, subject to the provisions of the Declaration permitting the Association thereunder to have the bid credited to the Debt up to the amount of the unpaid Debt secured by the Declaration at the time of sale, for the purpose of paying the judgment amount entered herein, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: December 10, 2015

Last Publication: January 7, 2016

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 RGIHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF THE STATUTES WHICH MAY AFFECT YOUR RIGHTS IS ATTACHED HERETO.

A NOTICE OF INTENT TO CURE PURSUANT TO §38-38-104 C.R.S., SHALL BE FILED WITH THE OFFICER 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 §38-38-302 C.R.S. SHALL BE FILED WITH THE SHERIFF NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.

THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.

IF YOU BELIEVE THAT A LENDER OR SERVICER HAS VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN §38-38-103.1 OR THE PROHIBITION ON DUAL TRACKING IN §38-38-103.2, YOU MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL (1-800-222-4444), THE CONSUMER FINANCIAL PROTECTION BUREAU (1-855-411-2372), OR BOTH, BUT THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS.

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

John D. Alford, Attorney at Law, Reg. No. 43104, 924 Adelaide Avenue, Fort Smith, Arkansas 72901.

Attached hereto as EXHIBIT B are copies of certain Colorado statutes that may vitally affect your property rights in relation to this proceeding. Said proceeding may result in the loss of property in which you have an interest and mat create personal debt against you. You may wish to seek the advice of your own private attorney concerning your rights in relation to this foreclosure proceeding.

INTENT TO CURE OR REDEEM, as provided by the aforementioned laws, must be directed to or conducted at the Sheriff’s Department for Archuleta County, Civil Division, 449 San Juan Street, Pagosa Springs, Colorado, 81147.

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

This Sheriff’s Notice of Sale is signed November 13, 2015.

TONYA HAMILTON, Undersheriff,

Archuleta County, Colorado

By: Tonya Hamilton

Exhibit A

Detail Listing of Judgment Calculations

As of December 30, 2014

Defendant/Property Matter Amount

Lien Statement for James H Mayfield filed 12/30/14 as Doc. No. 21407743 against the following described Property to wit:

Unit Number 7516, Building 4D, Unit Week Number 11 in that property which is described as a parcel of land being a portion of Parcel B, Third Replat of South Village Lake, recorded as Reception No. 130304, in the Office of the County Clerk and Recorder, Archuleta County, Colorado. The property is described as Village Pointe Phase III as recorded in Plat Filed No. 238A-F under Reception No. 179324 in the Office of the County Clerk and Recorder for Archuleta County, Colorado and is subject to that Second Supplemental Declaration and Third Amendment to Declaration of Protective Covenants and Interval Ownership for Village Pointe Condominiums Phase III recorded November 21, 1990, Reception No. 176323, Book 315, Page 350. The property has located upon it two buildings described as Building 5, containing eight units designated, respectively, as Units 7517, 7518, 7519, 7520, 7521, 7522, 7523 and 7524; and Building 6 containing eight units designated, respectively, as Units 7525, 7526, 7527, 7528, 7529, 7520, 7531 and 7532.

Unpaid Assessments:

Costs: $2,155.84

Attorneys Fees: $1,000.00

Total: $3,155.84

Lien Statement for Billie A Mayfield filed 12/30/14 as Doc. No. 21407743 against the following described Property to wit:

Unit Number 7516, Building 4D, Unit Week Number 11 in that property which is described as a parcel of land being a portion of Parcel B, Third Replat of South Village Lake, recorded as Reception No. 130304, in the Office of the County Clerk and Recorder, Archuleta County, Colorado. The property is described as Village Pointe Phase III as recorded in Plat Filed No. 238A-F under Reception No. 179324 in the Office of the County Clerk and Recorder for Archuleta County, Colorado and is subject to that Second Supplemental Declaration and Third Amendment to Declaration of Protective Covenants and Interval Ownership for Village Pointe Condominiums Phase III recorded November 21, 1990, Reception No. 176323, Book 315, Page 350. The property has located upon it two buildings described as Building 5, containing eight units designated, respectively, as Units 7517, 7518, 7519, 7520, 7521, 7522, 7523 and 7524; and Building 6 containing eight units designated, respectively, as Units 7525, 7526, 7527, 7528, 7529, 7520, 7531 and 7532.

Unpaid Assessments:

Costs: $2,155.84

Attorneys Fees: $1,000.00

Total: $3,155.84

Lien Statement for Thomas J Gerken filed 12/30/14 as Doc. No. 21407744 against the following described Property to wit: Unit Number 7518, Building 5D, Unit Week Number 16 in that property which is described as a parcel of land being a portion of Parcel B, Third Replat of South Village Lake, recorded as Reception No. 130304, in the Office of the County Clerk and Recorder, Archuleta County, Colorado. The property is described as Village Pointe Phase III as recorded in Plat Filed No. 238A-F under Reception No. 179324 in the Office of the County Clerk and Recorder for Archuleta County, Colorado and is subject to that Second Supplemental Declaration and Third Amendment to Declaration of Protective Covenants and Interval Ownership for Village Pointe Condominiums Phase III recorded November 21, 1990, Reception No. 176323, Book 315, Page 350. The property has located upon it two buildings described as Building 5, containing eight units designated, respectively, as Units 7517, 7518, 7519, 7520, 7521, 7522, 7523 and 7524; and Building 6 containing eight units designated, respectively, as Units 7525, 7526, 7527, 7528, 7529, 7520, 7531 and 7532.

Unpaid Assessments:

Costs: $2,105.37

Attorneys Fees: $1,000.00

Total: $3,105.37

Lien Statement for Jill E Gerken filed 12/30/14 as Doc. No. 21407744 against the following described Property to wit:

Unit Number 7518, Building 5D, Unit Week Number 16 in that property which is described as a parcel of land being a portion of Parcel B, Third Replat of South Village Lake, recorded as Reception No. 130304, in the Office of the County Clerk and Recorder, Archuleta County, Colorado. The property is described as Village Pointe Phase III as recorded in Plat Filed No. 238A-F under Reception No. 179324 in the Office of the County Clerk and Recorder for Archuleta County, Colorado and is subject to that Second Supplemental Declaration and Third Amendment to Declaration of Protective Covenants and Interval Ownership for Village Pointe Condominiums Phase III recorded November 21, 1990, Reception No. 176323, Book 315, Page 350. The property has located upon it two buildings described as Building 5, containing eight units designated, respectively, as Units 7517, 7518, 7519, 7520, 7521, 7522, 7523 and 7524; and Building 6 containing eight units designated, respectively, as Units 7525, 7526, 7527, 7528, 7529, 7520, 7531 and 7532

Unpaid Assessments:

Costs: $2,105.37

Attorneys Fees: $1,000.00

Total: $3,105.37

Lien Statement for William C Mueller filed 12/30/14 as Doc. No. 21407745 against the following described Property to wit:

Unit Number 7523, Building 5D, Unit Week Number 8 in that property which is described as a parcel of land being a portion of Parcel B, Third Replat of South Village Lake, recorded as Reception No. 130304, in the Office of the County Clerk and Recorder, Archuleta County, Colorado. The property is described as Village Pointe Phase III as recorded in Plat Filed No. 238A-F under Reception No. 179324 in the Office of the County Clerk and Recorder for Archuleta County, Colorado and is subject to that Second Supplemental Declaration and Third Amendment to Declaration of Protective Covenants and Interval Ownership for Village Pointe Condominiums Phase III recorded November 21, 1990, Reception No. 176323, Book 315, Page 350. The property has located upon it two buildings described as Building 5, containing eight units designated, respectively, as Units 7517, 7518, 7519, 7520, 7521, 7522, 7523 and 7524; and Building 6 containing eight units designated, respectively, as Units 7525, 7526, 7527, 7528, 7529, 7520, 7531 and 7532.

Unpaid Assessments:

Costs: $2,130.84

Attorneys Fees: $1,000.00

Total: $3,130.84

Lien Statement for George Barkas filed 12/30/14 as Doc. No. 21407746 against the following described Property to wit:

Unit Number 7527, Building 6D, Unit Week Number 2 in that property which is described as a parcel of land being a portion of Parcel B, Third Replat of South Village Lake, recorded as Reception No. 130304, in the Office of the County Clerk and Recorder, Archuleta County, Colorado. The property is described as Village Pointe Phase III as recorded in Plat Filed No. 238A-F under Reception No. 179324 in the Office of the County Clerk and Recorder for Archuleta County, Colorado and is subject to that Second Supplemental Declaration and Third Amendment to Declaration of Protective Covenants and Interval Ownership for Village Pointe Condominiums Phase III recorded November 21, 1990, Reception No. 176323, Book 315, Page 350. The property has located upon it two buildings described as Building 5, containing eight units designated, respectively, as Units 7517, 7518, 7519, 7520, 7521, 7522, 7523 and 7524; and Building 6 containing eight units designated, respectively, as Units 7525, 7526, 7527, 7528, 7529, 7520, 7531 and 7532.

Unpaid Assessments:

Costs: $2,976.43

Attorneys Fees: $1,000.00

Total: $3,976.43

Lien Statement for Martha Jean Burggraf filed 12/30/14 as Doc. No. 21407747 against the following described Property to wit:

Unit Number 7529, Building 6D, Unit Week Number 47 in that property which is described as a parcel of land being a portion of Parcel B, Third Replat of South Village Lake, recorded as Reception No. 130304, in the Office of the County Clerk and Recorder, Archuleta County, Colorado. The property is described as Village Pointe Phase III as recorded in Plat Filed No. 238A-F under Reception No. 179324 in the Office of the County Clerk and Recorder for Archuleta County, Colorado and is subject to that Second Supplemental Declaration and Third Amendment to Declaration of Protective Covenants and Interval Ownership for Village Pointe Condominiums Phase III recorded November 21, 1990, Reception No. 176323, Book 315, Page 350. The property has located upon it two buildings described as Building 5, containing eight units designated, respectively, as Units 7517, 7518, 7519, 7520, 7521, 7522, 7523 and 7524; and Building 6 containing eight units designated, respectively, as Units 7525, 7526, 7527, 7528, 7529, 7520, 7531 and 7532.

Unpaid Assessments:

Costs: $2,155.84

Attorneys Fees: $1,000.00

Total: $3,155.84

Lien Statement for James C Burggraf filed 12/30/14 as Doc. No. 21407747 against the following described Property to wit: Unit Number 7529, Building 6D, Unit Week Number 47 in that property which is described as a parcel of land being a portion of Parcel B, Third Replat of South Village Lake, recorded as Reception No. 130304, in the Office of the County Clerk and Recorder, Archuleta County, Colorado. The property is described as Village Pointe Phase III as recorded in Plat Filed No. 238A-F under Reception No. 179324 in the Office of the County Clerk and Recorder for Archuleta County, Colorado and is subject to that Second Supplemental Declaration and Third Amendment to Declaration of Protective Covenants and Interval Ownership for Village Pointe Condominiums Phase III recorded November 21, 1990, Reception No. 176323, Book 315, Page 350. The property has located upon it two buildings described as Building 5, containing eight units designated, respectively, as Units 7517, 7518, 7519, 7520, 7521, 7522, 7523 and 7524; and Building 6 containing eight units designated, respectively, as Units 7525, 7526, 7527, 7528, 7529, 7520, 7531 and 7532.

Unpaid Assessments:

Costs: $2,155.84

Attorneys Fees: $1,000.00

Total: $3,155.84

Lien Statement for Yvonne Barkas filed 12/30/14 as Doc. No. 21407748 against the following described Property to wit:

Unit Number 7530, Building 6D, Unit Week Number 5 in that property which is described as a parcel of land being a portion of Parcel B, Third Replat of South Village Lake, recorded as Reception No. 130304, in the Office of the County Clerk and Recorder, Archuleta County, Colorado. The property is described as Village Pointe Phase III as recorded in Plat Filed No. 238A-F under Reception No. 179324 in the Office of the County Clerk and Recorder for Archuleta County, Colorado and is subject to that Second Supplemental Declaration and Third Amendment to Declaration of Protective Covenants and Interval Ownership for Village Pointe Condominiums Phase III recorded November 21, 1990, Reception No. 176323, Book 315, Page 350. The property has located upon it two buildings described as Building 5, containing eight units designated, respectively, as Units 7517, 7518, 7519, 7520, 7521, 7522, 7523 and 7524; and Building 6 containing eight units designated, respectively, as Units 7525, 7526, 7527, 7528, 7529, 7520, 7531 and 7532.

Unpaid Assessments:

Costs: $2,155.84

Attorneys Fees: $1,000.00

Total: $3,155.84

Lien Statement for Barbara N Kelly filed 12/30/14 as Doc. No. 21407749 against the following described Property to wit:

Unit Number 7530, Building 6D, Unit Week Number 5 in that property which is described as a parcel of land being a portion of Parcel B, Third Replat of South Village Lake, recorded as Reception No. 130304, in the Office of the County Clerk and Recorder, Archuleta County, Colorado. The property is described as Village Pointe Phase III as recorded in Plat Filed No. 238A-F under Reception No. 179324 in the Office of the County Clerk and Recorder for Archuleta County, Colorado and is subject to that Second Supplemental Declaration and Third Amendment to Declaration of Protective Covenants and Interval Ownership for Village Pointe Condominiums Phase III recorded November 21, 1990, Reception No. 176323, Book 315, Page 350. The property has located upon it two buildings described as Building 5, containing eight units designated, respectively, as Units 7517, 7518, 7519, 7520, 7521, 7522, 7523 and 7524; and Building 6 containing eight units designated, respectively, as Units 7525, 7526, 7527, 7528, 7529, 7520, 7531 and 7532.

Unpaid Assessments:

Costs: $2,155.84

Attorneys Fees: $1,000.00

Total: $3,155.84

Lien Statement for Stella Dirks filed 12/30/14 as Doc. No. 21407750 against the following described Property to wit:

Unit Number 7530, Building 6D, Unit Week Number 5 in that property which is described as a parcel of land being a portion of Parcel B, Third Replat of South Village Lake, recorded as Reception No. 130304, in the Office of the County Clerk and Recorder, Archuleta County, Colorado. The property is described as Village Pointe Phase III as recorded in Plat Filed No. 238A-F under Reception No. 179324 in the Office of the County Clerk and Recorder for Archuleta County, Colorado and is subject to that Second Supplemental Declaration and Third Amendment to Declaration of Protective Covenants and Interval Ownership for Village Pointe Condominiums Phase III recorded November 21, 1990, Reception No. 176323, Book 315, Page 350. The property has located upon it two buildings described as Building 5, containing eight units designated, respectively, as Units 7517, 7518, 7519, 7520, 7521, 7522, 7523 and 7524; and Building 6 containing eight units designated, respectively, as Units 7525, 7526, 7527, 7528, 7529, 7520, 7531 and 7532.

Unpaid Assessments:

Costs: $2,155.84

Attorneys Fees: $1,000.00

Total: $3,155.84

Published December 10, 17, 24, 31, 2015 and January 7, 2016 in The Pagosa Springs SUN.

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