Public Notices 03/21/2019

COMBINED NOTICE – PUBLICATION
CRS §38-38-103 FORECLOSURE
SALE NO. 2019-002
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On January 17, 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) Gary Morris
Original Beneficiary(ies) Community First Bank & Trust
Current Holder of Evidence of Debt Reliant Bank
Date of Deed of Trust November 17, 2009
County of Recording Archuleta
Recording Date of Deed of Trust November 23, 2009
Recording Information (Reception No. and/or Book/Page No.) 20909388
Original Principal Amount $1,244,000.00
Outstanding Principal Balance $1,098,858.89
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 thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
EXHIBIT A
TRACT I:
A parcel of land located in Section 3, Township 32 North, Range 2 East, N.M.P.M,, Archuleta County, Colorado more particularly described as follows:
COMMENCING at the East 1/4 corner of said Section 3 and considering the East line of the NE1/4SE1/4 of said Section 3 to bear South 00° 21’ 39” East with all bearing contained here relative thereto;
Thence South 49° 32’ 23” West, a distance of 2374.77 feet to a point in the centerline of the Navajo River and the true point of beginning;
“ South 82° 19’ 28” West, a distance of 151.33 feet, along said centerline;
“ South 50° 06’ 49” West, a distance of 156.21 feet, along said centerline;
“ South 18° 21’ 15” West, a distance of 316.23 feet, along said centerline;
“ South 39° 43’ 29” West, a distance of 156.21 feet, along said centerline;
“ South 75° 52’ 59” West, a distance of 123.69 feet, along said centerline;
“ North 58° 15’ 12” West, a distance of 170.66 feet, along said centerline;
“ North 28° 15’ 34” West, a distance of 158.82 feet, along said centerline;
“ North 05° 47’ 29” West, a distance of 100.50 feet, along said centerline;
“ North 20° 28’ 31” East, a distance of 85.44 feet, along said centerline;
“ North 29° 26’ 19” West, a distance of 80.38 feet, along said centerline, to the beginning of a curve concave to the northwest, and a point on the easterly boundary of County Road 382, said curve having a radius of 380.00 feet and a central angle of 35° 24’ 27” and being subtended by a chord which bears North 29° 26’ 52” East 231.11 feet;
“ northeasterly and northerly along said curve, a distance of 234,83 feet, along said easterly boundary of County Road 382;
“ North 11 ° 04’ 40” East, a distance of 203.11, along said easterly boundary of County Road, 382 feet to the beginning of a curve tangent to said line;
“ northerly and northeasterly a distance of 175.05 feet, along said easterly boundary of County Road 382, along a curve concave to the east, having a radius of 545.00 feet and a central angle of 18° 24’ 12”;
“ North 29° 28’ 54” East tangent to said curve, a distance of 336.94 feet, along said easterly boundary of County Road 382;
“ North 23° 33’ 05” East, a distance of 316.87 feet, along said easterly boundary of County Road 382;
“ North 26° 14’ 36” East, a distance of 272,02 feet, along said easterly boundary of County Road 382;
“ North 19° 06’ 09” East, a distance of 242.03 feet to the beginning of a curve tangent to said line, along said easterly boundary of County Road 382;
“ northerly and northeasterly a distance of 21.58 feet, along said easterly boundary of County Road 382, along the curve concave to the southeast, having a radius of 63.61 feet and a central angle of 19° 26’ 35” to a point on the North line of the SE1/4 of said Section 3;
“ South 89° 47’ 07” East, along and with said North line a distance of 1228.97 feet;
“ South 42° 12’ 47” West, a distance of 1659.53 feet;
“ South 00° 00’00” West, a distance of 314.50 feet to the true point of beginning.
TRACT II:
Lots 9, 10, 11, 14, and 15 in Section 3, Township 32 North, Range 2 East, N.M.P.M., County of Archuleta, State of Colorado; and
TOGETHER WITH All water, water rights, ditches and ditch rights, including stock in ditch companies, reservoir rights, springs, wells and easements for the use of water, historically used on or appurtenant to the Real Property, including but not limited to:
High Fill Navajo Ditch (3.3 cfs)
High Fill Price Ditch #1(2.0 cfs)
High Fill Price Ditch #2 (2 cfs)
Sayles Ditch (5 cfs)
EXCEPTING THEREFROM:
Lots 9, 10, 11, 14, and 15 in Section 3, Township 32 North, Range 2 East, N.M.P.M., County of Archuleta, State of Colorado
As evidenced in the Partial Release of Deed of Trust recorded in Archuleta County on October 29, 2013 at Reception No. 21307135.
Also known by street and number as: 6651 CR 382, Chromo, CO 81128.
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, 05/16/2019, 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.
©Public Trustees’ Association of Colorado Revised 1/2015
First Publication 3/21/2019
Last Publication 4/18/2019
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: 01/17/2019
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:
Sheri L Kelly-Rabolt #27501
Markus, Williams & Young LLC 1700 Lincoln Street, Suite 4550, Denver, CO 80203 (303) 830-0800
Attorney File # 11444.002
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 March 21, 28, April 4, 11 and 18, 2019 in The Pagosa Springs SUN.

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§ 4:20.Enforcement of U.C.C. warehouse’s lien, 9 Colo. Prac., Creditors’ Remedies -…
© 2016 Thomson Reuters. No claim to original U.S. Government Works. 1
9 Colo. Prac., Creditors’ Remedies – Debtors’ Relief § 4:20
West’s Colorado Practice Series TM
Creditors’ Remedies – Debtors’ Relief
Database updated December 2015
Deanna Lee Westfall and Britney Beall-Eder
Chapter 4. Statutory Liens
VII. U.C.C. Warehouseman’s Lien
§ 4:20. Enforcement of U.C.C. warehouse’s lien
The warehouse’s lien may be enforced by public or private sale of the goods in a block or in parcels at any time and
any place, and on any commercially reasonable terms. The warehouse must first notify all persons known to claim an
interest in the goods. The notice must include the amount due, the nature of the sale, and the time and place of a public sale. The fact that a better price could have been obtained is not in itself sufficient to establish lack of commercial
reasonableness. If the warehouse sells the goods in the usual manner in any recognized market, or sells at the price
current at the time, or sells otherwise in conformity with commercially reasonable practice among dealers in the type
of goods sold, the sale will be deemed to have been commercially reasonable. A sale of more goods than apparently
necessary to ensure payment is not commercially reasonable unless it conforms to the standards set forth above. 1
Alternatively, the warehouse’s lien may be enforced as follows. All persons known to claim an interest in the goods
must be notified of the sale. The notice must be delivered in person or by registered or certified mail to the owner’s
last known address. The notice must itemize the claim, describe the goods, demand payment in not less than 10 days
after receipt of the notice, and contain a conspicuous 2 statement that unless the balance owed is paid the goods will
be sold at an auction at a specified time and place. The sale, then, must be held as the notice stated it would be, at
a suitable place as near as possible to the place where the goods are kept. After expiration of the time stated in the
notice, advertisements must be published once a week for two consecutive weeks in a newspaper of general circulation where the sale is to be held. The advertisement must contain a description of the goods, the name of the bailor, and the time and place of sale. If there is no such newspaper, the advertisement should be posted at least 10 days before the sale in not less than six conspicuous places in the neighborhood of the proposed sale. The sale should be held more than 15 days after the first publication of notice. 3
Before any sale, a person claiming a right in the goods may pay the amount of the lien and the associated expenses. 4
The warehouse with the lien may purchase the goods at the sale. 5 A purchaser in good faith takes the goods free of
any rights of persons against whom the lien was valid even if the warehouse did not comply with the statute regulating
foreclosure sales. 6 After satisfaction of the lien from the proceeds of sale, the balance must be held for the person who would have been entitled to the goods. 7 The rights provided by this statute supplement all other rights the warehouse is entitled to as a creditor. 8 The warehouse is liable for all damages caused by a failure to comply with the requirements for sale, and for conversion in case of a willful violation of the statute. 9 Sale of stored goods is conducted solely pursuant to statute, and the statute must be strictly enforced. 10
Where the lien is on goods stored by a merchant in the course of his business, he may enforce the lien under either
manner described above. 11
Westlaw. © 2015 Thomson Reuters. No Claim to Orig. U.S. Govt. Works.
Footnotes
1 Section 4-7-210(a), C.R.S.
2 Conspicuous is defined in Section 4-1-201(10), C.R.S.
§ 4:20.Enforcement of U.C.C. warehouse’s lien, 9 Colo. Prac., Creditors’ Remedies -…
© 2016 Thomson Reuters. No claim to original U.S. Government Works. 2
3 Section 4-7-210(b), C.R.S.
4 Section 4-7-210(c), C.R.S.
5 Section 4-7-210(d), C.R.S.
6 Section 4-7-210(e), C.R.S.
7 Section 4-7-210(f), C.R.S.
8 Section 4-7-210(g), C.R.S.
9 Section 4-7-210(i), C.R.S.
10 Schmidt v. Cowen Transfer & Storage Co., 170 Colo. 550, 463 P.2d 445, 447 (1970) (This decision was governed by the former
Warehouse Receipts Act.).
11 Section 4-7-210(h), C.R.S.
End of Document © 2016 Thomson Reuters. No claim to original U.S. Government Works.
The following Units will be auctioned due to non payment of rent at Pagosa Springs Mini Storage on April 13, 2019. Amy Jones # 18, Ryan Slingerland # 15, Jim Goodenberger # 55, Sonya Holland # 63, Anthony Montoya # 54, Nancy Torrey # 66, Carol Budde # 70, Linda Arnold # 71, Petra Cardinas #164 Karen Godbold #132, Dylan Whitlow Unit # 144, Vinny and Mary Garofalo Unit #46, Travis Vigue #154. Anyone aforementioned can avoid repossession and auction of their stored property by calling (970) 749-2867 and by mailing payment in full to Pagosa Springs Mini Storage PO Box 1178 Pagosa Springs, CO 81147 before the date of auction.
Published March 21, 2019 in The Pagosa Springs SUN.

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NOTICE OF HEARING ON PETITION FOR INCLUSION OF ADDITIONAL REAL PROPERTY WITHIN THE TOWN OF PAGOSA SPRINGS SANITATION GENERAL IMPROVEMENT DISTRICT
NOTICE IS HEREBY GIVEN to all interested persons that a Petition for Inclusion of additional real property into the boundaries of the Town of Pagosa Springs Sanitation General Improvement District (“District”) has been filed with the Board of Directors of the District. A public hearing on the Petition shall be held Tuesday, the 2nd day of April, 2019, at the hour of 5:00pm, at 551 Hot Springs Boulevard, Pagosa Springs, Colorado.
The name(s) of the Petitioner(s) is/are:
Ryan Searle – Rock River Estates LLC
The property requested to be included into the District is described as follows:
10565 Cty Road 119. RURAL sec: 24 Twn: 35 Rng: 2W A TRACT OF LAND LOCATED IN GLO LOTS 8 & 9, THE N2SE4 AND THE N2SW4
All interested parties may appear at such hearing to show cause why such Petition should not be granted. By order of the board of directors of the town of Pagosa Springs Sanitation General Improvement District.
Published March 21, 2019 in The Pagosa Springs SUN.

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This story was posted on March 21, 2019.