Public Notices 04/11/2019

    2

    District Court, Archuleta County, State of Colorado
    Court Address: 449 San Juan Street, P.O. Box 148
    Pagosa Springs, CO 81147
    Tel. 970.264.2400
    Elk Run Property
    Owner’s Association, Inc.
    Plaintiff
    v.
    RICHARD K MARSHALL, et al.
    Defendants
    Case No.: 2019CV030006
    Attorney for Plaintiff:
    Christopher B. Conley
    Hayes, Johnson & Conley, PLLC
    700 South 21st Street
    Fort Smith, AR 72901
    Tel. 479.242.8814
    Email: chris@hjclegal.com
    Atty. Reg. No.: 51651
    SUMMONS BY PUBLICATION
    TO THE PEOPLE OF THE STATE OF COLORADO
    TO THE FOLLOWING DEFENDANT(S):
    SYLVIA B WITT
    MERIBEL H COCKERILL
    MARIA ISABEL GIL SANTOS
    YVONNE JOHNSON
    VICTOR SCHWANKE
    SAMANTHA BAUMER
    VICTORIA DEPRATER
    BILL G PERKINS
    BETTY JO PERKINS
    YOU ARE HEREBY SUMMONED and required to appear and defend against the claims of the complaint filed with the court in this action, by filing with the clerk of this court an answer or other response. You are required to file your answer or other response within 35 days after the service of this summons upon you. Service of this summons shall be complete on the day of the last publication. A copy of the complaint may be obtained from the clerk of the court.
    If you fail to file your answer or other response to the complaint in writing within 35 days after the date of the last publication, judgment by default may be rendered against you by the court for the relief demanded in the complaint without further notice.
    This is an in rem action of judicial foreclosure on your timeshare interest(s) located at Elk Run Townhouses for failure to pay assessments to Elk Run Property Owner’s Association, Inc. The legal description for your real property is below.
    Plaintiff Attorney: Christopher B. Conley, Attorney at Law, Reg. No. 51651, 700 South 21st Street, Fort Smith, AR 72901.
    Defendant(s) / Legal Descriptions:
    ELK RUN TOWNHOUSES BLDGS 1-4
    MATTER AMOUNT
    Property Owners: SYLVIA B WITT
    Building Number: 3
    Lot (Unit) Number: 7112
    Lot (Unit) Week Number: 25
    Lien Amount: $1,947.56
    Property Owners: MERIBEL H COCKERILL
    Building Number: 3
    Lot (Unit) Number: 7109
    Lot (Unit) Week Number: 2
    Lien Amount: $1,835.72
    Property Owners: MARIA ISABEL GIL SANTOS
    Building Number: 3
    Lot (Unit) Number: 7109
    Lot (Unit) Week Number: 47
    Lien Amount: $2,883.50
    Property Owners: VICTOR SCHWANKE, SAMANTHA BAUMER and VICTORIA DEPRATER
    Building Number: 4
    Lot (Unit) Number: 7113
    Lot (Unit) Week Number: 33
    Lien Amount: $1,835.72
    of 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.
    Together with a vested remainder over in fee simple absolute, as tenant in common with the other owners of all Unit Weeks in the described Units in Elk Run Townhouses in that percentage interest determined and established by said Declaration for the above described real estate.
    ELK RUN TOWNHOUSES BLDG 5
    MATTER AMOUNT
    Property Owners: YVONNE JOHNSON
    Building Number: 5
    Lot (Unit) Number: 7118
    Lot (Unit) Week Number: 36
    Lien Amount: $1,911.20
    Property Owners: BILL G PERKINS AND BETTY JO PERKINS
    Building Number: 5
    Lot (Unit) Number: 7118
    Lot (Unit) Week Number: 24
    Lien Amount: $1,911.20
    of Elk Run Townhouses as recorded in Plat File No. 323 under Reception No. 0151975, in the Office of the County Clerk and Recorder for Archuleta County, Colorado and subject to that Second Amendment to the Declaration of Protective Covenants and Interval Ownership for Elk Run Townhouses recorded December 1, 1987, under Reception No. 0151976 in the Office of the County Clerk and Recorder for Archuleta County, Colorado.
    Together with a vested remainder over in fee simple absolute, as tenant in common with the other owners of all Unit Weeks in the described Units in Elk Run Townhouses in that percentage interest determined and established by said Declaration for the above described real estate.
    Published in the Pagosa Springs Sun
    First Publication: April 11, 2019
    Last Publication: May 09, 2019
    /s/ Christopher B. Conley
    Christopher B. Conley
    Hayes, Johnson & Conley, PLLC
    700 South 21st Street
    Fort Smith, AR 72901
    Atty. Reg. No.: 51651
    Published April 11, 18, 25, May 2 and 9, 2019 in The Pagosa Springs SUN.
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    BOARD OF COUNTY COMMISSIONERS HEARING ON MAY 7th
    PUBLIC NOTICE IS HEREBY GIVEN pursuant to CRS 30-28-116 that Archuleta County Development Services is proposing amendments to the Archuleta County Land Use Regulations, as recommended by the Planning Commission. The proposed changes to Sections 2, 3, 4, 5, 9, and 11 are intended to improve general clarity; relax certain setbacks, modernize Subdivision Regulations, clarify Mining application requirements and shift Minor Oil & Gas projects from Administrative to Planning Commission review; and clarify Development Standards, Abbreviations and Definitions. The specific proposed text is available for review at the Archuleta County Planning Department or online at www.archuletacounty.org (PLN19-106).
    Comments regarding this proposal may be submitted to the Archuleta County Development Services-Planning Department, P.O. Box 1507, Pagosa Springs, CO 81147-1507 (970) 264-1390 or to Planning@archuletacounty.org prior to the public hearing by the Board of County Commissioners on May 7, 2019, at 6:00 p.m. in the County Administration Office Meeting Room, 398 Lewis Street, Pagosa Springs. Public comment will be taken at the meeting.
    Published April 11, 2019 in The Pagosa Springs SUN.
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    COMBINED NOTICE – PUBLICATION
    CRS §38-38-103 FORECLOSURE
    SALE NO. 2019-004
    To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
    On February 7, 2019, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.
    Original Grantor(s) ERIC SPORS
    Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., acting solely as nominee for INDYMAC BANK, F.S.B.
    Current Holder of Evidence of Debt Ocwen Loan Servicing, LLC
    Date of Deed of Trust January 09, 2007
    County of Recording Archuleta
    Recording Date of Deed of Trust January 10, 2007
    Recording Information (Reception No. and/or Book/Page No.) 20700296
    Original Principal Amount $179,200.00
    Outstanding Principal Balance $165,592.64
    Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof.
    THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
    LOTS 230 AND 231 OF PAGOSA IN THE PINES UNIT TWO, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD FEBRUARY 7,1972 AS RECEPTION NO. 75408.
    Also known by street and number as: 443 MIDIRON AVENUE, PAGOSA SPRINGS, CO 81147.
    THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
    NOTICE OF SALE
    The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust.
    THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 06/06/2019, at the Archuleta County Treasurer’s Office at 449 San Juan St. Pagosa Springs, CO 81147, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.
    First Publication 4/11/2019
    Last Publication 5/9/2019
    Name of Publication Pagosa Springs Sun
    IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED;
    DATE: 02/07/2019
    Elsa P. White, Public Trustee in and for the County of Archuleta, State of Colorado
    By: /s/ Elsa P. White, Public Trustee
    The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:
    Joseph D. DeGiorgio, Esq. #45557
    Barrett Frappier Weisserman, LLP 1199 Bannock Street, Denver, CO 80204 (303) 350-3711
    Attorney File # 00000008095721
    The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
    ©Public Trustees’ Association of Colorado Revised 1/2015
    Published April 11, 18, 25, May 2 and 9, 2019 in The Pagosa Springs SUN.
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