COMBINED NOTICE - PUBLICATION
CRS §38-38-103 FORECLOSURE
SALE NO. 2024-004
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On April 3, 2024, 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)
JOSEPH PATRICK KEARBY
Original Beneficiary(ies)
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR BANK OF LITTLE ROCK MORTGAGE CORPORATION
Current Holder of Evidence of Debt
NATIONSTAR MORTGAGE LLC
Date of Deed of Trust
July 26, 2021
County of Recording
Archuleta
Recording Date of Deed of Trust
August 02, 2021
Recording Information (Reception No. and/or Book/Page No.)
22105739
Original Principal Amount
$525,000.00
Outstanding Principal Balance
$507,103.89
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 of the terms thereof
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
ALL THE REAL PROPERTY, TOGETHER WITH IMPROVEMENTS, IF ANY SITUATE, LYING AND BEING IN THE COUNTY OF ARCHULETA, STATE OF COLORADO, DESCRIBED AS FOLLOWS:
A TRACT OF LAND LYING AND BEING IN THE NE1/4 OF SECTION 31, TOWNSHIP 35 NORTH, RANCH 5 WEST, N.M.P.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 160 FROM WHICH POINT THE NORTHEAST CORNER OF SAID SECTION 31 BEARS NORTH 68° 54’ 09” EAST, 393.18 FEET (RECORD: NORTH 57° 44’ 47” EAST, 677.53 FEET);
THENCE SOUTH 28° 48’ 38” EAST, A DISTANCE OF 61.08 FEET ALONG SAID RIGHT OF WAY LINE;
THENCE SOUTH 28° 34’ 23” EAST, CONTINUING ALONG SAID RIGHT OF WAY FOR A DISTANCE OF 306.22 FEET;
THENCE CONTINUING ALONG SAID RIGHT OF WAY, ON THE ARC OF A NON-TANGENT TUNE TO THE LEFT, RADIUS OF 1994.90 FEET AND LENGTH OF 349.72 FEET, THE LONG CHORD OF WHICH BEARS SOUTH 38° 25’ 35” EAST, A DISTANCE OF 349.27 FEET TO A POINT ON THE EAST LINE OF THE NE1/4 OF SAID SECTION 31;
THENCE SOUTH 02° 01’ 49” EAST, A DISTANCE OF 776.40 FEET TO THE N-S-N 1/256 CORNER OF SAID SECTION 31;
THENCE SOUTH 83° 19’ 14” WEST, A DISTANCE OF 662.16 FEET (RECORD: SOUTH 79° 48’ 19” WEST, 674.34 FEET) TO THE C-N-SE-NE 1/256 CORNER OF SAID SECTION 31;
THENCE SOUTH 01° 47’ 37” EAST, A DISTANCE OF 306.34 FEET (RECORD: SOUTH 01° 06’ 11” EAST, 332.68 FEET) TO THE SE-NE 1/64 CORNER OF SAID SECTION 31;
THENCE SOUTH 83° 00’ 27” WEST, A DISTANCE OF 331.24 FEET (RECORD: SOUTH 79° 50’ 24” WEST, 337.36 FEET) TO THE C-W-SE-NE 1/256 CORNER OF SAID SECTION 31;
THENCE SOUTH 01° 49’ 04” EAST, A DISTANCE OF 308.22 FEET (RECORD: SOUTH 01° 03’ 56” EAST, 332.50 FEET) TO THE SW-SE-NE 1/256 CORNER OF SAID SECTION 31;
THENCE SOUTH 82° 44’ 46” WEST, A DISTANCE OF 1330.30 FEET (RECORD: SOUTH 79° 52’ 29” WEST, 1,350.18 FEET) TO THE SW-SW-NE 1/256 CORNER OF SAID SECTION 31;
THENCE NORTH 01° 18’ 39” WEST, A DISTANCE OF 943.45 FEET (RECORD: NORTH 00° 55’ 00” WEST, 995.44 FEET) TO THE C-W-W-NE 1/256 CORNER OF SAID SECTION 31;
THENCE NORTH 83° 33’ 10” EAST, A DISTANCE OF 990.76 FEET ALONG THE NORTH BOUNDARY OF THE SW1/4NE1/4 OF SAID SECTION 31 (RECORD: NORTH 79° 46’ 12” EAST, 1,010.97 FEET) TO THE NE 1/16 CORNER OF SAID SECTION 31, SAID POINT BEING AN ANGLE POINT IN THE BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN WARRANTY DEED RECORDED JANUARY 16, 2001 AS RECEPTION NO. 20100535;
THENCE NORTH 01° 30’ 07” WEST, A DISTANCE OF 309.54 FEET ALONG THE WEST BOUNDARY OF THE NE1/4NE1/4 OF SAID SECTION 31 AND THE EASTERLY BOUNDARY OF SAID WARRANTY DEED, RECEPTION NO. 20100535 (RECORD: NORTH 01° 01’ 43” WEST, 332.33 FEET) TO THE C-S-N-NE 1/256 CORNER OF SAID SECTION 31;
THENCE NORTH 83° 54’ 57” EAST, A DISTANCE OF 329.61 FEET ALONG THE BOUNDARY OF SAID WARRANTY DEED, RECEPTION NO. 20100535 (RECORD: NORTH 79° 44’ 06” EAST, 336.80 FEET) TO THE SW-NE-NE 1/256 CORNER OF SAID SECTION 31;
THENCE NORTH 01° 41’ 15” WEST, A DISTANCE OF 696.72 FEET ALONG THE BOUNDARY OF SAID WARRANTY DEED, RECEPTION NO. 20100535 (RECORD: NORTH 01° 04’ 13” WEST, 696.67 FEET) SAID LINE BEING ALSO THE WEST LINE OF THE E1/2W1/2NE1/4NE1/4 OF SAID SECTION 31;
THENCE NORTH 73° 44’ 00” EAST, A DISTANCE OF 629.43 FEET (RECORD: NORTH 73° 43’ 29” EAST, 431.00) ALONG THE SOUTHERLY BOUNDARY LINE OF SAID WARRANTY DEED, RECEPTION NO. 20100535 TO THE POINT OF BEGINNING.
THE IMPROVEMENTS THEREON BEING KNOWN AS 29696 WEST US HIGHWAY 160, BAYFIELD, COLORADO – 81122.
Also known by street and number as: 29696 US HIGHWAY 160, BAYFIELD, CO 81122.
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.
©Public Trustees' Association of Colorado Revised 1/2015
THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 08/01/2024, 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 Publication6/6/2024
Last Publication7/4/2024
Name of PublicationPagosa 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: 04/03/2024
Elsa P. White, Public Trustee in and for the County of Archuleta, State of Colorado
By: 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:
Carly Imbrogno, Esq. #59553
Barrett Frappier Weisserman, LLP 1391 SPEER BLVD, SUITE 700, DENVER, CO 80204 (303) 350-3711
Attorney File # 00000010083129
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 June 6, 13, 20, 27 and July 4, 2024 in The Pagosa Springs SUN. (233539)
