District Court, Archuleta County, State of Colorado
Court Address: 109 Harman Park Dr, P.O. Box 148
Pagosa Springs, CO 81147
Tel. 970.264.2400
Wyndham Vacation Resorts, Inc.
Plaintiff
v.
Darvin Patrick, et al
Defendants
Case No.: 2022CV30062
COMBINED NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST
AND RIGHTS TO CURE AND REDEEM
Sheriff Sale 2023-11
This Notice of Public Judicial Foreclosure Sale is given pursuant to separate Mortgages recorded in the office of the County Clerk and Recorder for Archuleta County, Colorado, under the information provided in Exhibit “A”.
Under a Judgment and Decree of Foreclosure entered February 1, 2023, 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) of Record:
DARVIN PATRICK
STEVEN VARGAS
NORMA YOLANDA VARGAS
ELOYCE JONES FLEMING
ELINOR M DICKSON
FRANK P DICKSON, JR
TIMOTHY H KLING
CLARA L KLING
BENNIE L DAILEY
JOSEPHINE DAILEY
THE EMMETT JONES FAMILY LIVING TRUST DATED MARCH 11, 2004
Evidence of Debt: Recorded mortgages in the office of the County Clerk and Recorder for Archuleta County, Colorado, being further identified in Exhibit “A”
Current Holder of evidence of debt secured by the Declaration: Wyndham Vacation Resorts, Inc.
Obligations Secured: Underlying note for the purchase of the Timeshare Property identified in Exhibit “A”.
Agent: Christopher B. Conley, Reg. No. 51651, 700 South 21st Street, Ft. Smith, Arkansas 72901
Payments Due to: Wyndham Vacation Resorts, Inc.
Debtor(s) & Amount Due: See attached Exhibit “A”
Amount of Judgment: See attached Exhibit “A”
Type of Sale: Judicial Foreclosure Sale of Timeshare Interest being conducted pursuant to the power of sale granted by the Mortgage, the Colorado Property Code, and the Colorado Common Ownership Act
NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST
THEREFORE, NOTICE IS HEREBY GIVEN that I will, at 10 o’clock A.M., on 21st of June, 2023, Sale Number: 2023-11, in the Office of the Archuleta County Sheriff’s Office, 85 Harman Park Drive, Pagosa Springs, Colorado, 81147, 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, the Lender may bid credited to the Debt up to the amount of the unpaid Debt secured by the Mortgage 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: 4/27/2023
Last Publication: 5/25/2023
Name of Publication: Pagosa 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.
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:
Christopher B. Conley, Reg. No. 51651, 700 South 21st Street, Ft. Smith, Arkansas 72901
INTENT TO CURE OR REDEEM, as provided by the aforementioned laws, must be directed to or conducted at the Archuleta County Sheriff’s Office, 85 Harman Park Drive, Pagosa Springs, Colorado, 81147, 970-264-8434.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE.
DATED at Archuleta County, Colorado, this 3rd day of March, 2023.
Mike Le Roux, Sheriff
Archuleta County
By: /s/ Lorena Medina
Lorena Medina, Office Manager
Exhibit A
Peregrine Townhouses Phase II
Matter Amount
Property Owners: DARVIN PATRICK
Building Number: 6
Lot (Unit) Number: 7811 and 7812
UDI Points: 90,000 / 17,743,000
of Peregrine Townhouses Phase II, as depicted on the Plat recorded in Reception Number 173554, subject to Declaration of Protective Covenants and Interval Ownership for Peregrine Townhouses recorded at Reception Number 173556, and any amendments and supplements thereto, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.
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 Peregrine Townhouses in that percentage interest determined and established by said Declaration for the above described real estate.
Principal Amount Due: $1,228.04
Accrued Interest: $464.55
Late Fees: $45.00
Costs: $256.93
Attorney’s Fees: $1,000.00
Total: $2,994.52
Peregrine Townhouses Phase III
Matter Amount
Property Owners: THE EMMETT JONES FAMILY LIVING TRUST DATED MARCH 11, 2004
Building Number: 7 and 8
Lot (Unit) Number: 7813 - 7816
UDI Points: 90,000 / 17,743,000
of Peregrine Townhouses Phase III, as depicted on the Plat recorded in Reception Number 173555, subject to Declaration of Protective Covenants and Interval Ownership for Peregrine Townhouses recorded at Reception Number 173556, and any amendments and supplements thereto, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.
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 Peregrine Townhouses in that percentage interest determined and established by said Declaration for the above described real estate.
Principal Amount Due: $175.00
Accrued Interest: $1,553.13
Late Fees: $175.00
Costs: $256.93
Attorney’s Fees: $1,000.00
Total: $6,227.47
Teal Landing Condominium Phase Two
Matter Amount
Property Owners: STEVEN VARGAS and NORMA YOLANDA VARGAS
Building Number: 12
Lot (Unit) Number: 1211-1216, 1221, 1224-1226
UDI Points: 154,000 / 60,310,500
of the Teal Landing Condominium Phase Two- as depicted on the Plat recorded in Reception No. 20105850, subject to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20007580, First Amendment to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20009604, Second Amendment to Declaration of Teal Landing Condominium recorded as Reception Number 20102923, Third Amendment to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20104161, and First supplemental Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20105651and any further supplemental Plats or Declarations thereto, all in the Office of the County Clerk and Recorder in and 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 Teal Landing Townhouses in that percentage interest determined and established by said Declaration for the above described real estate.
Principal Amount Due: $14,259.46
Accrued Interest: $5,628.19
Late Fees: $75.00
Costs: $256.93
Attorney’s Fees: $1,000.00
Total: $21,219.58
Teal Landing Condominium Phase Five
Matter Amount
Property Owners: ELOYCE JONES FLEMING
Building Number: 15
Lot (Unit) Number: 1511-1516, 1521, 1522, 1523, 1525 and 1526
UDI Points: 105,000 / 60,310,500
of the Teal Landing Condominium Phase Five- as built Building 15, as depicted on the Plat recorded in Reception No. 20204764, subject to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20007580, First Amendment to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20009604, Second Amendment to Declaration of Teal Landing Condominium recorded as Reception Number 20102923, Third Amendment to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20104161, and First supplemental Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20105651, and Second Supplemental Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20106880, and Third Supplemental Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20203147, Fourth Supplemental Declaration recorded as Reception Number 20204765 and any future supplemental Plats or Declarations thereto, all in the Office of the County Clerk and Recorder in and 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 Teal Landing Townhouses in that percentage interest determined and established by said Declaration for the above described real estate.
Principal Amount Due: $6,201.37
Accrued Interest: $2,340.18
Late Fees: $60.00
Costs: $256.93
Attorney’s Fees: $1,000.00
Total: $9,351.55
Teal Landing Condominium Phase Six
Matter Amount
Property Owners: ELINOR M DICKSON and FRANK P DICKSON, JR
Building Number: 16
Lot (Unit) Number: 1611-1616, 1621-1626
UDI Points: 105,000 / 62,896,000
of the Teal Landing Condominium Phase Six- as depicted on the Plat recorded in Reception No. 20304272, subject to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20007580, First Amendment to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20009604, Second Amendment to Declaration of Teal Landing Condominium recorded as Reception Number 20102923, Third Amendment to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20104161, and First supplemental Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20105651, and Second Supplemental Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20106880, First Amendment to Second Supplemental Declaration recorded as Reception Number 20110747, Third Supplemental Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20203147, Fourth Supplemental Declaration recorded as Reception Number 20204765, Fifth Supplemental Declaration recorded as Reception Number 20206614, First Amendment to Fifth Supplemental Declaration recorded December 12, 2002 as Reception Number 20211905 and any future supplemental Plats or Declarations thereto, all in the Office of the County Clerk and Recorder in and 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 Teal Landing Townhouses in that percentage interest determined and established by said Declaration for the above described real estate.
Principal Amount Due: $7,216.58
Accrued Interest: $2,576.59
Late Fees: $55.00
Costs: $256.93
Attorney’s Fees: $1,000.00
Total: $11,105.10
Teal Landing Condominium Phase Seven
Matter Amount
Property Owners: TIMOTHY H KLING and CLARA L KLING
Building Number: 17
Lot (Unit) Number: 1711-1716, 1721-1726
UDI Points: 64,000 / 62,896,000
Principal Amount Due: $6,693.16
Accrued Interest: $2,895.32
Late Fees: $60.00
Costs: $256.93
Attorney’s Fees: $1,000.00
Total: $10,905.41
Property Owners: BENNIE L DAILEY and JOSEPHINE DAILEY
Building Number: 17
Lot (Unit) Number: 1711-1716, 1721-1726
UDI Points: 105,000 / 62,896,000
of the Teal Landing Condominium Phase Seven - as built Building 17, as depicted on the Plat recorded in Reception No. 20209496, subject to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20007580, First Amendment to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20009604, Second Amendment to Declaration of Teal Landing Condominium recorded as Reception Number 20102923, Third Amendment to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20104161, and First Supplemental Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20105651, and Second Supplemental Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20106880, First Amendment to Second Supplemental Declaration recorded as Reception Number 20110747, Third Supplemental Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20203147, Fourth Supplemental Declaration recorded as Reception Number 20204765, Fifth Supplemental Declaration recorded as Reception Number 20206614, First Amendment to Fifth Supplemental Declaration recorded as Reception Number 20211905 and Sixth Supplemental Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20209497 and any future supplemental Plats or Declarations thereto, all in the Office of the County Clerk and Recorder in and 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 Teal Landing Townhouses in that percentage interest determined and established by said Declaration for the above described real estate.
Principal Amount Due: $14,023.81
Accrued Interest: $9,491.75
Late Fees: $45.00
Costs: $256.93
Attorney’s Fees: $1,000.00
Total: $24,817.49
Published April 27, May 4, 11, 18 and 25, 2023 in The Pagosa Springs SUN.
NOTICE TO CREDITORS
In the Matter of the Estate of
JEFFERY SCOTT LEAVENWORTH
Deceased
Case No.2023 PR 30012
All persons having claims against the above-named estate are required to present them to the personal representative or to the District Court of Archuleta County, Colorado on or before September 11, 2023, or the claims may be forever barred.
Daniel L. Fiedler, Attorney at Law
190 Talisman Drive, Suite D-6
Pagosa Springs, CO 81147
Published May 11, 18 and 25, 2023, in The Pagosa Springs SUN.
CONSTRUCTION OF TRANSIT FACILITY IN PAGOSA SPRINGS
REQUEST FOR QUALIFICATIONS/PROPOSALS: Archuleta County invites qualified general construction contracting firms to submit qualifications/proposals to provide construction services for a new Bus Termina Facility to be located at 85 Harman Park Rd, in Pagosa Springs, Colorado. RFP details are posted on the County website at www.archuletacounty.org. A Pre-Bid meeting will be held at 1:00pm on June 5, 2023, at the County’s Administration Building located at 398 Lewis Street, Pagosa Springs, CO 81147. Sealed proposals will be accepted at the Administration Building, 398 Lewis Street, Pagosa Springs 81147 until June 21, 2023, at 3pm. For more information, please email Kevin Bruce at kbruce@archuletacounty.org
Published May 18 and 25, 2023, in The Pagosa Springs SUN.
DISTRICT COURT, WATER DIVISION 7,
COLORADO
WATER RESUME
(This publication can be viewed in its entirety on the state court website at: www.courts.state.co.us).
TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 7
Pursuant to C.R.S. 37-92-302, you are notified that the following is the resume of all water right applications filed in the Office of the Water Clerk during the month of April 2023, for Archuleta County.
23CW6 Kruger Farms LLC, PO Box 26266, Albuquerque, NM 87125: Kruger Reservoir; Navajo River; Archuleta County; Date of original decree, 12/9/68; Case no. CA 308-D; Subsequent decrees and dates, W-186, 4/10/75, W-186-77, 12/6/77, 81CW72, 11/18/81, 03CW94, 3/31/04, 10CW28, 9/16/10, 16CW24, 4/3/17; In the N1/2 of Section 33, T33N, R2E, NMPM, Original point of survey - East end of existing dam is at a point whence the W1/4 corner of said Section 33, T33N, R2E, NMPM bears 61° 04’W, 3,027.8 ft; Oil Well Creek, tributary to Navajo River, tributary to San Juan River; Appropriation date, 6/23/67; 87.3 acre feet (since reduced to 20 acre feet); Irrigation and livestock watering; Kruger Farms LLC has diligently pursued a new, suitable location for the Kruger Reservoir; finalization has been delayed because of drought and additional time is needed to see the new location and structure to fruition; Work towards completion of project outlined in application. (9 pages including exhibits)
THE WATER RIGHTS CLAIMED BY THE FOREGOING APPLICATION(S) MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT AND PROTEST WITHIN THE TIME PROVIDED BY STATUTE, OR BE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of June 2023, to file with the Water Clerk, a verified Statement of Opposition, setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing fee: $192.00; Forms are available through the Office of the Water Clerk or on the Judicial web site at www.courts.state.co.us; Jason Poyer, Water Court Specialist, 1060 E. 2nd Ave., Room 106, Durango, CO 81301; (970-247-2304)
/s/ Jason Poyer
Water Court Specialist
Published: before May 31, 2023
Published May 18, 2023, in The Pagosa Springs SUN.
FOR BOARD OF COUNTY COMMISSIONERS HEARING ON June 6, 2023
CRAIG AND EVA BISHOP have applied for a MINOR SUBDIVISION FINAL PLAT REVIEW, creating Bishop Minor Subdivision in Sec: 8 Twn: 36 Rng: 2W, at 2505B County Rd 600, Pagosa Springs, CO (PLN23-047). The property is zoned AGRICULTURAL RANCHING (AR).
Comments regarding this case may be submitted to Archuleta County Development Services-Planning Department, P.O. Box 1507, Pagosa Springs, CO 81147-1507, telephone: (970) 264-1390 or to PFlowers@archuletacounty.org prior to the public hearing by the Archuleta County Board of County Commissioners on June 6, 2023, at 1:30 p.m. in the County Commissioners Meeting Room, 398 Lewis Street, Pagosa Springs and via Zoom Link. Public comment will be taken at the meeting in person only.
Published May 18 and 25, 2023, in The Pagosa Springs SUN.
BEFORE THE COLORADO OIL AND GAS CONSERVATION COMMISSION
NOTICE AND APPLICATION FOR HEARING
DOCKET NO. 230400127
TO ALL INTERESTED PARTIES AND TO WHOM IT MAY CONCERN:
Pursuant to Rule 523.d, the Colorado Oil and Gas Conservation Commission Staff has applied to the Commission for an Order Finding Violation against Alamosa Drilling, Inc. (Operator No. 900), to adjudicate allegations in the Notice of Alleged Violation No. 403338191.
NOTICE IS HEREBY GIVEN, pursuant to: 1) the general jurisdiction of the Oil and Gas Conservation Commission of the State of Colorado under § 34-60-105, C.R.S.; 2) specific powers granted pursuant to § 34-60-106, C.R.S.; 3) the Colorado Administrative Procedures Act at § 24-4-105, C.R.S.; and 4) the Commission’s Series 500 Rules at 2 C.C.R. 404-1, that the Commission has scheduled this matter for hearing before a COGCC Hearing Officer at the following date, time, and location (subject to change):
Date: July 19, 2023
Time: 9:00 a.m.
Place:
Colorado Oil & Gas Conservation Commission
1120 Lincoln Street, Suite 801
Denver, CO 80203
The Notice and documents related to this matter can be found on our “Hearing eFiling System Document Search” page here https://oitco.hylandcloud.com/DNRCOGPublicAccess/index.html. Select “Search for Docket Related Documents” from the pull-down menu, use the above “Docket Number”, and select “Search”.
Published May 18, 2023, in The Pagosa Springs SUN.
