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The first reading of Ordinance No. 720 was completed at the Regular Pagosa Springs Town Council Meeting held on September 2, 2008 at 5:00 p.m. in the Council Chambers at the Town Hall. ORDINANCE NO. 720, AN ORDINANCE ANNEXING CERTAIN LANDS KNOWN AS THE BLUE SKY VILLAGE ANNEXATION TO THE TOWN OF PAGOSA SPRINGS, COLORADO
The Ordinance can be read in its entirety in the office of the Town Clerk at Town Hall.
Published September 11, 2008 in The Pagosa Springs SUN.
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The first reading of Ordinance No. 721 was completed at the Regular Pagosa Springs Town Council Meeting held on September 2, 2008 at 5:00 p.m. in the Council Chambers at the Town Hall. ORDINANCE NO. 721, AN ORDINANCE OF THE TOWN OF PAGOSA SPRINGS AMENDING THE OFFICIAL ZONING MAP REGARDING PROPERTY KNOWN AS THE BLUE SKY VILLAGE ANNEXATION.
The Ordinance can be read in its entirety in the office of the Town Clerk at Town Hall.
Published September 11, 2008 in The Pagosa Springs SUN.
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The second reading of Ordinance No. 717 of the Town of Pagosa Springs was completed at the Regular Town Council Meeting held on September 2, 2008 at 5:00 p.m. in the Council Chambers at the Town Hall. ORDINANCE NO. 717, AN ORDINANCE OF THE TOWN OF PAGOSA SPRINGS ADDING ARTICLE 4, CHAPTER 2, CODE OF ETHICS, TO THE PAGOSA SPRINGS MUNICIPAL CODE.
The Ordinance went into effect on September 2, 2008.
Published September 11, 2008 in The Pagosa Springs SUN.
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The second reading of Ordinance No. 718 of the Town of Pagosa Springs was completed at the Regular Town Council Meeting held on September 2, 2008 at 5:00 p.m. in the Council Chambers at the Town Hall. ORDINANCE NO. 718, AN ORDINANCE OF THE TOWN OF PAGOSA SPRINGS AMENDING SECTION 12.10.4 OF THE TOWN OF PAGOSA SPRINGS MUNICIPAL CODE, REGARDING LOITERING
The Ordinance went into effect on September 2, 2008.
Published September 11, 2008 in The Pagosa Springs SUN.
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The second reading of Ordinance No. 719 of the Town of Pagosa Springs was completed at the Regular Town Council Meeting held on September 2, 2008 at 5:00 p.m. in the Council Chambers at the Town Hall.
ORDINANCE NO. 719, AN ORDINANCE OF THE TOWN OF PAGOSA SPRINGS ADOPTING SECTION 14.2.5 OF THE TOWN OF PAGOSA SPRINGS MUNICIPAL CODE, REGARDING PROHIBITED ACTS IN TOWN PARKS, PLAYGROUNDS, AND RECREATIONAL FACILITIES. The Ordinance went into effect on September 2, 2008.
Published September 11, 2008 in The Pagosa Springs SUN.
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The second reading of Ordinance No. 2008-04 of the Pagosa Springs Sanitation General Improvement District was completed at the Regular Sanitation General Improvement District Meeting held on September 2, 2008 at 5:00 p.m. in the Council Chambers at the Town Hall. ORDINANCE NO. 04 (Series 2008), AN ORDINANCE OF THE TOWN OF PAGOSA SPRINGS SANITATION GENERAL IMPROVEMENT DISTRICT GRANTING PETITION FOR INCLUSION OF ADDITIONAL REAL PROPERTY INTO THE BOUNDARIES OF THE DISTRICT. The Ordinance went into effect on September 2, 2008.
Published September 11, 2008 in The Pagosa Springs SUN.
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ANNOUNCEMENT OF FUNDS
AVAILABLE FOR VICTIM PROGRAMS
2009 VALE FUNDS – 6TH Judicial District, La Plata, San Juan & Archuleta Counties
(VICTIM ASSISTANCE and LAW ENFORCEMENT)
GRANT PERIOD: January 1, 2009 – December 31, 2009
The Victim Assistance and Law Enforcement (VALE) Board announces the availability of 6th Judicial District VALE funds. The VALE Board is a five member, volunteer, community board appointed by the judicial district’s Chief Judge, the Honorable Gregory Lyman. Funding for these grants is generated from a surcharge or fees assessed to people convicted of felonies, misdemeanors, traffic offenses and fish and game violations, no tax dollars are used.
APPROXIMATE AMOUNT AVAILABLE: $180,000.00
During 2008 grant cycle, twelve agencies were funded for a total of $179,850.
FUNDING PURPOSE: The purpose of the 6th Judicial District VALE grant process is to fund effective and efficient programs who will provide services to crime victims in the 6th Judicial District and assist them with: emotional and physical needs to stabilize their lives, provide a measure of safety and security, and/or enhance victims’ experience with the criminal justice system.
FUNDING PRIORITIES: Programs that are required to implement the victim’s rights constitutional amendment, programs that provide direct services to crime victims and witnesses as outlined in VALE statute*, victim-related training, equipment and personnel needs of law enforcement agencies. The VALE Board has also established the following priorities: agencies working with children and young adults; agencies offering a unique service to the community (unmet needs in an underserved community); programs that provide direct services to victims of violent crime, unique and non-duplicative programs. The VALE Board may take into consideration factors other than those stated above in making their final decisions. Board members may award money for projects not designated in the priority categories. The fact that an applicant meets eligibility requirements and applies for services within a priority category does not guarantee funding.
APPLICATION DEADLINE: 5:00 PM Friday, October 3, 2008. To request an application please contact Jane Foy at the District Attorney’s Office in Durango ph (970)247-8850. 1060 Main Avenue, Durango, CO 81301.
*copies of VALE statute and Victim Right’s Act are available upon request.
Published September 11, 2008 in The Pagosa Springs SUN.
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Public Notice – By-laws
At the next regularly scheduled board meeting of The Humane Society of Pagosa Springs, there will be a vote of the revised by-laws. The meeting will take place on September 16, 2008 at 5:30pm at 269 Pagosa St. (Humane Society Thrift Store), Pagosa Springs, CO.
Published September 11, 2008 in The Pagosa Springs SUN.
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The Pagosa Springs Town Council will be having a public hearing on Ordinance No. 720. ORDINANCE NO. 720, AN ORDINANCE ANNEXING CERTAIN LANDS KNOWN AS THE BLUE SKY VILLAGE ANNEXATION TO THE TOWN OF PAGOSA SPRINGS, COLORADO . The public hearing will be held on Tuesday October 7, 2008 at 5:00 p.m. in the Town Hall Council Chambers. All people wishing to comment should be present at that meeting or have written comments in the office of the Town Clerk no later than 12:00 p.m. on October 3, 2008.
Published September 11, 2008 in The Pagosa Springs SUN.
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The Pagosa Springs Town Council will be having a public hearing on Ordinance No. 721. ORDINANCE NO. 721, AN ORDINANCE OF THE TOWN OF PAGOSA SPRINGS AMENDING THE OFFICIAL ZONING MAP REGARDING PROPERTY KNOWN AS THE BLUE SKY VILLAGE ANNEXATION. The public hearing will be held on Tuesday October 7, 2008 at 5:00 p.m. in the Town Hall Council Chambers. All people wishing to comment should be present at that meeting or have written comments in the office of the Town Clerk no later than 12:00 p.m. on October 3, 2008.
Published September 11, 2008 in The Pagosa Springs SUN.
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NOTICE TO CREDITORS
Estate of John W. Brungard, Jr. - DBA Brungard Refrigeration and Appliance, Deceased
Case No. 08PR32
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 January 12, 2009, or the claims may be forever barred.
John William Brungard, III
9026 Covina St.
San Diego, CA 92126 858 271 1866
Personal Representative
Published September 11, 18 and 25, 2008 in The Pagosa Springs SUN.
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NOTICE TO CREDITORS
Estate of Steven F. Craft, Deceased
Case No. 08 PR 27
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 January 10, 2009, or the claims may be forever barred.
Betty L. Craft
c/o Richard L. Emmett
Attorney at Law
P.O. Box 458
Durango, CO 81302
Published September 11, 18 and 25, 2008 in The Pagosa Springs SUN.
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In the District Court, Archuleta County, Colorado, Division 1
Case No. 2006-cv-155
Wyndham Vacation Ownership, Inc., f/k/a Fairfield Resorts, Inc., f/k/a Fairfield Communities, Inc., a Delaware corporation, Plaintiff v. Scott N. Tucker, Sherri N. Tucker, and Peregrine Property Owners Association, Inc., Defendant
The people of the State of Colorado to the above-named Defendants Scott N. Tucker and Sherri N. Tucker:
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 30 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 30 days of 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 action affecting the following described property:
A 105,000/17,743,000 undivided fee simple absolute interest in Building(s) 31 as tenants in common with the other undivided interest owners of said buildings of Peregrine Townhouses Phase IV as recorded under Reception No. 98002629, subject to Declaration of Protective Covenants and Interval Ownership for Peregrine Townhouse recorded under Reception Number 0173556, and amendments and supplements thereto, in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado (“Recorder’s Office), which undivided interest has been assigned 105,000 FairShare Plus Points symbolic of said property interest (the “Property”).
S. Kent Karber, Attorney for Plaintiff
Holland & Hart, LLP, 90 S. Cascade, Ste. 1000, Colorado Springs, Colorado 80903, 719-475-6422.
Published September 11, 18, 25 and October 2, 2008 in The Pagosa Springs SUN.
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COMBINED NOTICE OF SALE AND RIGHT TO CURE OR REDEEM
To Whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 81-2008 was commenced on 7-16-08 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Eino W. Murrietta and Debbie J. Murrietta Original Grantor(s)
Wells Fargo Home Mortgage, Inc. Original Beneficiary
Wells Fargo Bank, NA Current Holder of Evidence of Debt
August 20, 2003 Date of Deed of Trust
Archuleta County of Recording
August 26, 2003 Recording Date of Deed of Trust:
At Reception No. 20308470 Recording Information Receipt No. and/or Book No. and Page No.
$144,450.00 Original Principal Balance
$136,357.93 Outstanding Principal Balance
Pursuant to C.R.S. § 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.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
LOT 2, BLOCK 3, ASPEN SPRINGS SUBDIVISION NO. 1, ACCORDING TO THE AMENDED PLAT THEREOF FILED MARCH 22, 1971, AS RECEPTION NO. 74229, IN THE OFFICE OF THE CLERK AND RECORDER. ARCHULETA COUNTY, COLORADO.
WHICH HAS THE ADDRESS OF 1481 Oak Drive Pagosa Springs, CO 81147
NOTICE OF SALE
The current Holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Herby Given that I will at public auction at 10:00 a.m. on November 6, 2008, at at the front door of the Archuleta County Public Trustee’s Office, 449 San Juan Street, Pagosa Springs, Colorado, 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 attorney’s fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
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 SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. 38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. 38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 7-16-08
Public Trustee of Archuleta County, State of Colorado
/s/ Vicky Rudock, Deputy
The name, address and telephone number of the attorneys representing the legal holder of the indebtedness is:
Caren Jacobs Castle #11790
Deanne R. Stodden #33214
Elizabeth S. Marcus #16092
Barbara A. Bader #10394
Jennifer C. Rogers #34682
Britney Beall-Eder #34935
P.C. Wolf #34797
Katharine E. Fisher #39230
Lauren R. Smith #39316
Jeremy D. Peck #36588
Castle Meinhold & Stawiarski, LLC, 999 18th Street, Suite 2201, Denver, CO 80202, (303) 865-1400
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.
Published September 11, 18, 25, October 2 and 9, 2008 in The Pagosa Springs SUN.
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NOTICE TO ALL ELECTORS
ARCHULETA COUNTY, COLORADO
To the Electors of Archuleta County, Colorado, in accordance with the provisions of Section 1-5-205 C.R.S., notice is hereby given that a General Election will be held in the State, on Tuesday, the 4th day of November, 2008. The Archuleta County General Election will be a Vote Center election. The Election will be held in the lawful Polling Places/ Vote Centers designated for each precinct and the polls will be open from 7:00 a.m. to 7:00 p.m.
The following is Resolution 2008-54 setting the referred ballot issue to the Archuleta County General Election Ballot. The Board of County Commissioners will be accepting Pro and Con statements on this question. The deadline for receiving statements is September 19, 2008 at 4:00 p.m. in the County Commissioner’s Office. All statements will be combined to make one for the Notice to Electors which will be mailed to each registered household address. All statements received must address a specific ballot issue, include a signature and an address where the signor is registered to vote. Only statements received by registered voters will be summarized to be placed in the ballot issue notice (Notice to Electors).
A RESOLUTION REFERRING TO THE REGISTERED ELECTORS AT THE GENERAL ELECTION ON NOVEMBER 4, 2008, A PROPOSAL TO AUTHORIZE THE EXTENSION OF AN EXISTING COUNTYWIDE SALES TAX ON THE SALE OF TANGIBLE PERSONAL PROPERTY AT RETAIL AND THE FURNISHING OF SERVICES IN THE AMOUNT OF 2%, THE CONTINUATION OF THE SALES TAX COUNTY ROAD CAPITAL IMPROVEMENT FUND TO BE USED TO PROVIDE CERTAIN SPECIFIED CAPITAL IMPROVEMENTS AND THE DISTRIBUTIONS OF THE PROCEEDS OF THE 2% SALES TAX; SETTING THE BALLOT TITLE AND BALLOT QUESTION FOR THE ELECTION; PROVIDING FOR OTHER MATTERS; AND PROVIDING THE EFFECTIVE DATE OF SUCH RESOLUTION.
RESOLUTION NO. 2008-54
WHEREAS, Archuleta County is authorized by law to impose a sales tax on the sale of tangible personal property at retail or the furnishing of services, subject to approval of the registered electors of the County; and
WHEREAS, the Board of County Commissioners (“Board”) of Archuleta County Colorado (“County”) has determined that the public interest and the needs of the County require that provisions continue to be made for the construction and maintenance of county roads and the acquisition of equipment for the maintenance and construction of county roads; and
WHEREAS, Resolution 94-34 authorized a countywide sales tax in the amount of 2% and such 2% sales tax was approved by the electorate on November 8, 1994; which sales tax was extended by Resolutions 2001-101 and 2001-202, and approved by the registered electors at the November 6, 2001 election; and which sales tax is currently scheduled to expire on December 31, 2009; and
WHEREAS, the Board has determined that the question of extending the 2% sales tax indefinitely shall be referred to the registered electors at the General Election scheduled on November 4, 2008.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ARCHULETA COUNTY, COLORADO:
Section 1. Sales Tax Definitions. For the purposes of Sections 1 through 4, inclusive of this Resolution, the words therein contained shall have the meanings set forth herein and in Section 39-26-102, Colorado Revised Statutes, as it currently exists or may hereafter be amended. The definitions in such statutes are incorporated herein by this specific reference.
Section 2. Sales Tax Imposed.
(a) There is hereby imposed on the sale of tangible personal property at retail and the furnishing of services as provided in Section 29-2-105(1)(d), C.R.S., an extension of the sales tax authorized by County Resolution No. 94-34, as amended and extended by County Resolution Nos. 2001-101, 2001-102, and this resolution, equal to 2% of the gross receipts (the “Sales Tax”). The tangible personal property and services taxable under this Resolution shall be the same as the tangible personal property and services taxable pursuant to Section 39-26-104, C.R.S., and subject to the same exemptions as those specified in C.R.S. 39-26-701, et seq.; PROVIDED THAT the exemption for sales of electricity, coal, wood, gas, fuel, oil, or coke sold to occupants of residences pursuant to Section 39-26-715, and the exemption for sales of machinery or machine tools pursuant to Section 39-26-709 and the exemption for sales of food specified in Section 39-27-707, C.R.S., shall not apply to the Sales Tax, and the sale of such items is expressly made taxable under this Resolution. The imposition of the Sales Tax on individual sales shall be in accordance with schedules set forth in the rules and regulations promulgated by the Department of Revenue. If any vendor, during any reporting period, shall collect as the Sales Tax an amount in excess of the amount of Sales Tax imposed by this Resolution, he shall remit to the Executive Director the full amount of the Sales Tax herein imposed and also such excess.
(b) For the purpose of the Sales Tax, all retail sales shall be considered consummated at the place of business of the retailer, unless the tangible personal property sold is delivered by the retailer or his agent to a destination outside the limits of the County or to a common carrier for delivery to a destination outside the limits of the County. The gross receipts from such sales shall include delivery charges when such charges are subject to the state sales and use tax imposed by Article 26 of Title 39, C.R.S., regardless of the place to which deliver is made. If a retailer has no permanent place of business in the County, or has more than one place of business, the place at which the retail sales are consummated for the purpose of the Sales Tax shall be determined by the provisions of Article 26 of Title 39, C.R.S., and by rules and regulations promulgated by the Department of Revenue.
(c) The amount subject to the Sales Tax shall not include the amount of any sales or use tax imposed by Article 26 of Title 39, C.R.S.
(d) All sales or personal property on which a specific ownership tax has been paid or is payable shall be exempt from the Sales Tax when such sales meet both of the following conditions:
(i) The purchaser is non-resident of, or has his principal place of business outside the limits of the County; and
(ii) Such personal property is registered or required to be registered outside the limits of the County under the laws of the State of Colorado.
(e) The applicability of the Sales Tax shall be subject to the provisions of C.R.S. 29-2-105(2) and (3).
(f) In the event the 6.9% limitation provided in C.R.S. Section 29-2-108 is to be exceeded in any municipality within the county by a proposed county sales tax, such limitation shall be exceeded by a stated rate in the named municipality.
Section 3. Sales Tax Collection. The collection, administration, and enforcement of the Sales Tax shall be performed by the Executive Director of the Department of Revenue of the State of Colorado (the “Executive Director”) in the same manner as the collection, administration, and enforcement of the Colorado State Sales Tax. Unless otherwise provided by Article 2 of Title 29, C.R.S., the provisions of Article 26 of Title 39, C.R.S. shall govern the collection, administration, and enforcement of the Sales Tax.
Section 4. Sales Tax Vendor’s Fees. The vendor shall be entitled as collection agent for the County to withhold an amount equal to 3 1/3% of the total amount to be remitted by the vendor to the Executive Director each month to cover the vendor’s expenses in the collection and remittance of the Sales Tax. If any vendor is delinquent in remitting the Sales Tax, other than in unusual circumstances shown to the satisfaction of the Executive Director, the vendor shall not be allowed to retain any amounts to cover his expense in collecting and remitting said Sales Tax, and an amount equivalent to the full amount of the Sales Tax imposed by this Resolution shall be remitted to the Executive Director by any such delinquent vendor.
Section 5. Use of Revenues.
(a) The use of revenues derived from the Sales Tax shall be distributed and used as follows:
(i) First: Fifty percent (50%) of the revenues from the Sales Tax shall be distributed to the Town of Pagosa Springs, Colorado. The Town may use these funds to undertake capital improvements and the maintenance of such improvements and other capital projects which may be deemed necessary and appropriate by the residents of Pagosa Springs.
(ii) Second: After the distribution required by Section 5 (a) (i) hereof, the remaining fifty percent (50%) of the 2% extension in sales tax revenues shall be deposited to the “Archuleta County Sales Tax County Road Capital Improvement Fund” (the “Fund”) which Fund was created pursuant to Resolution No. 94-34, and used only as provided therein. The Board specifically authorizes the continuation of the Fund, according to the terms and conditions set forth in Resolution Nos. 94-34 and 2001-102.
(b) Immediately upon receipt or collection, the revenues specified in Section 5 (a) (ii) hereof, as applicable, shall be credited to the Fund and used solely for the purpose of providing the funds necessary for capital road improvements in the nature of construction, maintaining and acquiring equipment for the maintenance and construction of County roads or to pay debt service on bonds or other obligations of the County issued to provide capital improvements. Monies credited to the Fund shall not be available to be pledged or expended by interfund transfer or otherwise for any general purpose of the County.
Section 6. Duration of Extension of 2% Sales Tax. The Sales Tax provided herein shall extend indefinitely and shall, therefore, have no expiration date.
Section 7. Election. Before this Resolution shall become effective, it shall be submitted to and receive the approval of a majority of the registered electors of the county voting thereon at the election to be held on Tuesday, November 4, 2008. The election shall be conducted as follows:
(a) Conduct of Election. The Board hereby designates the Archuleta County Clerk and Recorder (“County Clerk”) as the Election Official for the conduct of the election on behalf of the County, with the authority and direction to proceed with any action necessary or appropriate to effectuate the provisions of the Resolution and all constitutional and statutory provisions governing the conduct of this election. The County Clerk shall conduct the election in accordance with Articles 1 through 12 of Title 1, C.R.S. (“Uniform Election Code of 1992”). All acts required or permitted by the Uniform Election Code of 1992 relevant to voting by early voters’ ballots, absentee ballots, mail-in ballots and emergency absentee ballots shall be performed by the County Clerk.
(b) Ballot Title. The ballot title for the extension of the Sales Tax shall be in substantially the following form:
WITH NO INCREASE IN ANY COUNTY TAX RATES, SHALL ARCHULETA COUNTY EXTEND INDEFINITELY THE EXISTING 2% COUNTYWIDE SALES TAX FOR THE PURPOSE OF PROVIDING ONE PERCENT OF SUCH SALES TAX TO ARCHULETA COUNTY FOR THE SALES TAX COUNTY ROAD CAPITAL IMPROVEMENT FUND TO BE USED TO PROVIDE CONSTRUCTION AND MAINTENANCE OF COUNTY ROADS, AND ACQUISITION OF EQUIPMENT FOR CONSTRUCTION AND MAINTENANCE OF COUNTY ROADS, AND ONE PERCENT TO THE TOWN OF PAGOSA SPRINGS, COLORADO, AND WHICH TAX SHALL BE IMPOSED, COLLECTED, ADMINISTERED AND ENFORCED AS PROVIDED BY ARCHULETA COUNTY RESOLUTION 94-34, AMENDED BY RESOLUTIONS NOS. 2001-101, 2001-102 AND 2008-54, AND MAY THE COUNTY COLLECT, RETAIN AND SPEND ALL REVENUES GENERATED FROM SUCH SALES TAX RATE, AND INVESTMENT INCOME THEREON, AND SHALL SUCH SALES TAX RATE CONSTITUTE A VOTER APPROVED REVENUE CHANGE, OFFSET, AND EXCEPTION TO THE LIMITS THAT WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW?
____ YES ____ NO
Section 8. Effective Date. Upon passage of this resolution and approval thereof at a subsequent referendum, the provisions hereof shall be effective on January 1, 2010.
Section 9. Severability. If any part or provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provisions or application, and to this end the provisions of this Resolution are declared to be severable.
Section 10. Non-Repealer; Repealer. If this Resolution is approved at a general election to be held on November 4, 2008, then on January 1, 2010, the provisions hereof will be an extension of the sales tax authorized by County Resolution No. 94-34, as previously amended and extended by County Resolutions Nos. 2001-101 and 2001-102. Nothing herein shall affect any other sales tax, including the sales taxes authorized by the resolution adopted by the Board of County Commissioners on May 6, 1968, concerning a one percent (1%) sales tax, and Resolution No. 83-47, adopted by the Board of County Commissioners on July 29, 1983, and such resolutions shall be of continued force and effect. In addition, if this Resolution is not approved at the general election to be held on November 3, 2008, the provisions of the said prior resolutions accordingly shall continue to be effective.
Section 11. Publications. Upon adoption, the County Clerk and Recorder shall publish the text of this Resolution four separate times a week apart, in the official newspaper of the County, and in the official newspaper of each incorporated municipality in the County.
Section 12. Amendment. This Resolution specifically amends Section 6 in Resolution 94-34 to provide that the 2% sales tax authorized by Resolution No. 2001-102 shall not expire on December 31, 2009, and to provide that the 2% countywide sales tax shall be extended indefinitely in order to continue to provide funds necessary for the construction and maintenance of county roads and acquisition of equipment for the construction and maintenance of county roads. At any time prior to the deadline for finalizing election questions and ballot titles as provided by the applicable election laws, the Board may amend this Resolution by the proper adoption of a Resolution setting forth the amendment. Amendments may include, but not limited to, duration, and County uses of 50% of the revenues generated by the Sales Tax, but may not include amendments that reduce the distribution to or uses by the Town of revenues provided in Section 5. (a)(i) hereof.
Section 13. Effect of Approval. If a majority of the votes cast on the question submitted at the election shall be in favor of such question, the Sales Tax shall be extended from January 1, 2010 without expiration date and shall be imposed, collected and administered in accordance with the provisions of County Resolution Nos. 94-34 and 2001-102, as amended by this Resolution.
APPROVED AND ADOPTED IN PAGOSA SPRINGS, ARCHULETA COUNTY, COLORADO, this _____ day of _________, 2008.
Published September 11, 18, 25 and October 2, 2008 in The Pagosa Springs SUN.
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District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Elk Run Property Owners Association, Inc.
v.
Defendant(s):
(1) Georgann L. Abeyta
(2) Gary J. Abeyta
(3) Unknowns: All Unknown Spouses Of Any Party
Hereto, And All Other Persons Living Or Dead
Whose Names Are Unknown, Who Claim Any
Interest in The Subject Real Estate
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number 08CV51
NOTICES OF:
(1) LEVY AND RECORDING;
(2) RIGHT TO CLAIM EXEMPTION;
(3) RIGHT TO CURE AND/OR REDEEM;
(4) ELECTION OF SALE;
(5) SALE; AND
(6) GOVERNMENTAL CLAIMS YOU ARE NOTIFIED THAT:
All words and phrases which have the first letters thereof capitalized are defined on the attached Identifying Data of Legal Documents Upon Which foreclosure Is Based. The undersigned attorney certifies that to the best of his knowledge, the Judgment Debtor(s) and Current Owner(s) names and addresses are correct.
This proceeding for a Sheriff’s Sale (See Sheriff’s Identifying No. on attached Identifying Data, etc.) has been commenced in the office of the Sheriff of this County to foreclose the lien of the Mortgage, Deed of Trust and/or Judgment.
1. LEVY AND RECORDING: Judgment has been entered and a Writ of Execution has been issued by the above Court to the undersigned Sheriff to levy upon the Real Estate to be Sold, which is owed or was formerly owned by the Judgment Debtor(s), and to which the lien of the Lien Documents attached. Pursuant thereto, the undersigned Sheriff has levied upon or will levy upon the Real Estate to be Sold by recording these Notices in the appropriate real estate records.
2. RIGHT TO CLAIM EXEMPTION AND/OR ENJOIN: Within ten (10) days of the date of service hereof of the Judgment Debtor(s) and Current Owner(s), any one or more of them has a right to file with the Clerk of the above Court a written claim of exemption in the above case, which he, she or it may have by the laws of this State. At any time before this sale, Judgment Debtor(s), Current Owner(s), and other Interested Parties may have a right to enjoin this sale, if permitted by law. Failure to pursue these rights may be deemed a waiver thereof. The filing of a frivolous, groundless or vexatious lawsuit may result in attorney’s fees being assessed against you.
3. CURE AND/OR REDEMPTION RIGHTS: Pursuant to the laws of this State, you may have an interest in the Real Estate to be sold or have certain rights or suffer certain liabilities as a result of this Sheriff’s sale. You may have the right to cure a default under the judgment, or you may have a right to redeem the Real Estate to be Sold. A copy of said statutes, as such statutes are presently constituted, is attached to the copies hereof which are recorded, mailed and served.
The lien of the Lien Documents may not be a first lien.
A Notice of Intent to Cure filed pursuant to CRS 38-38-104 shall be filed with the Sheriff at least 15 calendar days prior to the first scheduled sale date or any date to which the sale is continued.
A Notice of Intent to Redeem filed pursuant to Section 38-38-302 shall be filed with the Sheriff no later than 8 business days after the sale.
4. ELECTION TO SELL: The Holder of the Judgment intends to have the Real Estate to be Sold by the undersigned Sheriff to partially or fully pay the lien of the Lien Documents. The effect of said sale will be to deprive all persons who claim an interest in the Real Estate of any right thereto, except as provided by law.
5. SALE: The Real Estate to be Sold, will be sold at public auction without warranties or guarantees at the following date, time and place:
Date of Sale: December 3, 2008
Place of Sale: Archuleta County
Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO 81147
Time of Sale: 10:00 a.m.
6. GOVERNMENTAL CLAIMS: To the copies of these Notices which are recorded, mailed, and served, there are attached copies of the written recorded claim of any governmental agency against the Real Estate and the independent notices which the law requires to be mailed to any such governmental agency to terminate their rights to the Real Estate.
Kleinsmith & Associates, P.C.
Attorney for Holder of Judgment
Colorado Attorney Registration No. 1063
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417 or (719) 593-1970
by /s/ Philip M. Kleinsmith
Dated: Aug. 22, 2008
Sheriff of the Above County
/s/ Peter L. Gonazalez
Address: 449 San Juan Street
Pagosa Springs, CO 81147
Identifying Data of Legal Documents1
Upon Which Foreclosure is Based
Type of Sale (Trustee, Sheriff, Special Master) and That Person’s Identifying No., (if applicable): Sheriff’s Sale
Type of Documents Being Foreclosed (Mortgage, Deed of Trust2, Judgment or Other Lien Instrument): Judgment
Default(s) Causing Foreclosure: Failure to Pay Judgment
Projected Amounts Owed As of Foreclosure Sale Date: Principal: $4,700.00, Interest: $897.45, Costs (estimated): $2,500.00, Attorneys Fees (estimated): $875.00, Total (estimated): $8,972.45
Real Estate3 to be Sold: Common Description: Unit Week Number 44, Unit Number 7108, Building Number 2, Elk Run Townhouses, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 44, Unit Number 7108, Building Number 2 in “ELK RUN TOWNHOUSES”, according to and as located on the recorded Map recorded thereof filed for record June 26, 1986 as Reception No. 140480, and in accordance with and as limited and defined by the Declaration of Protective Covenants and Interval Ownership recorded June 26, 1986 as Reception No. 140481, First Amendment thereto recorded August 13, 1986 under Reception No. 141512 and Second Amendment recorded December 1, 1987 as Reception No. 151976, Archuleta County, Colorado.
Lien Documents: That is the Identifying Data of Legal Documents1 Being Foreclosed Per Real Estate Records of County Stated in Legal Description: Mortgage or Deed of Trust: Dated : N/A
Judgment: Dated: 7/18/2008 Case No.: 2008CV51 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 8/5/2008
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $4,700.00
Original Trustee: N/A
Original Holder4 of Lien Documents: Name: Elk Run Property Owners Assoc., Inc. Address: c/o Foreclosure Management Company, 10975 El Monte, Suite 220, Overland Park, KS 66211
Present Holder of Lien Documents: Name: Elk Run Property Owners Assoc., Inc. Address: c/o Foreclosure Management Company, 10975 El Monte, Suite 220, Overland Park, KS 66211
Original Liable Parties5 on Lien Documents: Name(s): Georgann L. Abeyta and Gary J. Abeyta Address: 4545 Aguila Rd SE, Rio Rancho, NM 87124, P.O. Box 21809, Albuquerque, NM 87154
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): Georgann L. Abeyta and Gary J. Abeyta Address: 4545 Aguila Rd SE, Rio Rancho, NM 87124, P.O. Box 21809, Albuquerque, NM 87154
1Mortgage, Deed of Trust, Judgment, or other Lien Instrument.
2Sometimes called “Trust Indenture”.
3Sometimes called “Mortgaged Property”, “Trust Property”, or “Property”.
4Sometimes called “Mortgagee”, “Beneficiary”, “Judgment Creditor”, or “Creditor”.
5Sometimes called “Mortgagors”, “Grantors”, “Judgment Debtors”, or “Debtors”.
Published September 11, 18, 25, October 2 and 9, 2008 in The Pagosa Springs SUN.
_______________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Elk Run Property Owners Association, Inc.
v.
Defendant(s):
(1) David L. Nichols
(2) Bruce A. Nichols
a/k/a Brace A. Nichols
(3) Dee Ann Butler
(4) Unknowns: All Unknown Spouses Of Any Party
Hereto, And All Other Persons Living Or Dead
Whose Names Are Unknown, Who Claim Any
Interest in The Subject Real Estate
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number 08CV79
NOTICES OF:
(1) LEVY AND RECORDING;
(2) RIGHT TO CLAIM EXEMPTION;
(3) RIGHT TO CURE AND/OR REDEEM;
(4) ELECTION OF SALE;
(5) SALE; AND
(6) GOVERNMENTAL CLAIMS
YOU ARE NOTIFIED THAT:
All words and phrases which have the first letters thereof capitalized are defined on the attached Identifying Data of Legal Documents Upon Which foreclosure Is Based. The undersigned attorney certifies that to the best of his knowledge, the Judgment Debtor(s) and Current Owner(s) names and addresses are correct.
This proceeding for a Sheriff’s Sale (See Sheriff’s Identifying No. on attached Identifying Data, etc.) has been commenced in the office of the Sheriff of this County to foreclose the lien of the Mortgage, Deed of Trust and/or Judgment.
1. LEVY AND RECORDING: Judgment has been entered and a Writ of Execution has been issued by the above Court to the undersigned Sheriff to levy upon the Real Estate to be Sold, which is owed or was formerly owned by the Judgment Debtor(s), and to which the lien of the Lien Documents attached. Pursuant thereto, the undersigned Sheriff has levied upon or will levy upon the Real Estate to be Sold by recording these Notices in the appropriate real estate records.
2. RIGHT TO CLAIM EXEMPTION AND/OR ENJOIN: Within ten (10) days of the date of service hereof of the Judgment Debtor(s) and Current Owner(s), any one or more of them has a right to file with the Clerk of the above Court a written claim of exemption in the above case, which he, she or it may have by the laws of this State. At any time before this sale, Judgment Debtor(s), Current Owner(s), and other Interested Parties may have a right to enjoin this sale, if permitted by law. Failure to pursue these rights may be deemed a waiver thereof. The filing of a frivolous, groundless or vexatious lawsuit may result in attorney’s fees being assessed against you.
3. CURE AND/OR REDEMPTION RIGHTS: Pursuant to the laws of this State, you may have an interest in the Real Estate to be sold or have certain rights or suffer certain liabilities as a result of this Sheriff’s sale. You may have the right to cure a default under the judgment, or you may have a right to redeem the Real Estate to be Sold. A copy of said statutes, as such statutes are presently constituted, is attached to the copies hereof which are recorded, mailed and served.
The lien of the Lien Documents may not be a first lien.
A Notice of Intent to Cure filed pursuant to CRS 38-38-104 shall be filed with the Sheriff at least 15 calendar days prior to the first scheduled sale date or any date to which the sale is continued.
A Notice of Intent to Redeem filed pursuant to Section 38-38-302 shall be filed with the Sheriff no later than 8 business days after the sale.
4. ELECTION TO SELL: The Holder of the Judgment intends to have the Real Estate to be Sold by the undersigned Sheriff to partially or fully pay the lien of the Lien Documents. The effect of said sale will be to deprive all persons who claim an interest in the Real Estate of any right thereto, except as provided by law.
5. SALE: The Real Estate to be Sold, will be sold at public auction without warranties or guarantees at the following date, time and place:
Date of Sale: December 3, 2008
Place of Sale:Archuleta County
Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO 81147
Time of Sale: 10:00 a.m.
6. GOVERNMENTAL CLAIMS: To the copies of these Notices which are recorded, mailed, and served, there are attached copies of the written recorded claim of any governmental agency against the Real Estate and the independent notices which the law requires to be mailed to any such governmental agency to terminate their rights to the Real Estate.
Kleinsmith & Associates, P.C.
Attorney for Holder of Judgment
Colorado Attorney Registration No. 1063
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417 or (719) 593-1970
by /s/ Philip M. Kleinsmith
Dated: Aug. 22, 2008
Sheriff of the Above County
/s/ Peter L. Gonazalez
Address: 449 San Juan Street
Pagosa Springs, CO 81147
Identifying Data of Legal Documents
Upon Which Foreclosure is Based
Type of Sale (Trustee, Sheriff, Special Master) and That Person’s Identifying No., (if applicable): Sheriff’s Sale
Type of Documents Being Foreclosed (Mortgage, Deed of Trust , Judgment or Other Lien Instrument): Judgment
Default(s) Causing Foreclosure: Failure to Pay Judgment
Projected Amounts Owed As of Foreclosure Sale Date: Principal: $5,068.54, Costs (estimated): $2,500.00, Attorneys Fees (estimated): $875.00, Total (estimated) $8,443.54
Real Estate1 to be Sold: Common Description: Unit Week Number 14, Unit Number 7115, Building Number 4, Elk Run Townhouses, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 14, Unit Number 7115, Building Number 4 in “ELK RUN TOWNHOUSES”, according to and as located on the recorded Map recorded thereof filed for record June 26, 1986 as Reception No. 140480, and in accordance with and as limited and defined by the Declaration of Protective Covenants and Interval Ownership recorded June 26, 1986 as Reception No. 140481, First Amendment thereto recorded August 13, 1986 under Reception No. 141512 and Second Amendment recorded December 1, 1987 as Reception No. 151976, Archuleta County, Colorado.
Lien Documents: That is the Identifying Data of Legal Documents1 Being Foreclosed Per Real Estate Records of County Stated in Legal Description:
Mortgage or Deed of Trust: Dated: N/A
Judgment: Dated: 7/9/2008 Case No.: 2008CV79 Court: Archuleta County District Court
Transcript of Judgment: Dated : N/A
Writ of Execution: Dated: 8/5/2008
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $5,068.54
Original Trustee: N/A
Original Holder4 of Lien Documents: Name: Elk Run Property Owners Assoc., Inc. Address: c/o Foreclosure Management Company, 10975 El Monte, Suite 220, Overland Park, KS 66211
Present Holder of Lien Documents: Name: Elk Run Property Owners Assoc., Inc. Address: c/o Foreclosure Management Company, 10975 El Monte, Suite 220, Overland Park, KS 66211
Original Liable Parties5 on Lien Documents: Name(s): David L. Nichols, Bruce A. Nichols aka Brace A. Nichols and Dee Ann Butler Address: 14793 Lehigh Ave E, Aurora, CO 80014, 132 E. Santa Fe Ave, Santa Fe, NM 87505, 19677 E. Flora Pl, Aurora, CO 80013, 701 N 12th St, Ozark, AR 72949, and 11420 Scotland Rd, Benton, MS 39039
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): David L. Nichols, Bruce A. Nichols aka Brace A. Nichols and Dee Ann Butler Address: 14793 Lehigh Ave E, Aurora, CO 80014, 132 E. Santa Fe Ave, Santa Fe, NM 87505, 19677 E. Flora Pl, Aurora, CO 80013, 701 N 12th St, Ozark, AR 72949 and 11420 Scotland Rd, Benton, MS 39039
1Mortgage, Deed of Trust, Judgment, or other Lien Instrument.
2Sometimes called “Trust Indenture”.
3Sometimes called “Mortgaged Property”, “Trust Property”, or “Property”.
4Sometimes called “Mortgagee”, “Beneficiary”, “Judgment Creditor”, or “Creditor”.
5Sometimes called “Mortgagors”, “Grantors”, “Judgment Debtors”, or “Debtors”.
Published September 11, 18, 25, October 2 and 9, 2008 in The Pagosa Springs SUN.
_______________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Village Pointe Property Owners Association, Inc.
v.
Defendant(s):
(1) Gina Marie Ann Bachicha
(2) Richard Morris Besgrove
(3) Unknowns: All Unknown Spouses Of Any Party
Hereto, And All Other Persons Living Or Dead
Whose Names Are Unknown, Who Claim Any
Interest in The Subject Real Estate
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number 2008CV55
NOTICES OF:
(1) LEVY AND RECORDING;
(2) RIGHT TO CLAIM EXEMPTION;
(3) RIGHT TO CURE AND/OR REDEEM;
(4) ELECTION OF SALE;
(5) SALE; AND
(6) GOVERNMENTAL CLAIMS
YOU ARE NOTIFIED THAT:
All words and phrases which have the first letters thereof capitalized are defined on the attached Identifying Data of Legal Documents Upon Which foreclosure Is Based. The undersigned attorney certifies that to the best of his knowledge, the Judgment Debtor(s) and Current Owner(s) names and addresses are correct.
This proceeding for a Sheriff’s Sale (See Sheriff’s Identifying No. on attached Identifying Data, etc.) has been commenced in the office of the Sheriff of this County to foreclose the lien of the Mortgage, Deed of Trust and/or Judgment.
1. LEVY AND RECORDING: Judgment has been entered and a Writ of Execution has been issued by the above Court to the undersigned Sheriff to levy upon the Real Estate to be Sold, which is owed or was formerly owned by the Judgment Debtor(s), and to which the lien of the Lien Documents attached. Pursuant thereto, the undersigned Sheriff has levied upon or will levy upon the Real Estate to be Sold by recording these Notices in the appropriate real estate records.
2. RIGHT TO CLAIM EXEMPTION AND/OR ENJOIN: Within ten (10) days of the date of service hereof of the Judgment Debtor(s) and Current Owner(s), any one or more of them has a right to file with the Clerk of the above Court a written claim of exemption in the above case, which he, she or it may have by the laws of this State. At any time before this sale, Judgment Debtor(s), Current Owner(s), and other Interested Parties may have a right to enjoin this sale, if permitted by law. Failure to pursue these rights may be deemed a waiver thereof. The filing of a frivolous, groundless or vexatious lawsuit may result in attorney’s fees being assessed against you.
3. CURE AND/OR REDEMPTION RIGHTS: Pursuant to the laws of this State, you may have an interest in the Real Estate to be sold or have certain rights or suffer certain liabilities as a result of this Sheriff’s sale. You may have the right to cure a default under the judgment, or you may have a right to redeem the Real Estate to be Sold. A copy of said statutes, as such statutes are presently constituted, is attached to the copies hereof which are recorded, mailed and served.
The lien of the Lien Documents may not be a first lien.
A Notice of Intent to Cure filed pursuant to CRS 38-38-104 shall be filed with the Sheriff at least 15 calendar days prior to the first scheduled sale date or any date to which the sale is continued.
A Notice of Intent to Redeem filed pursuant to Section 38-38-302 shall be filed with the Sheriff no later than 8 business days after the sale.
4. ELECTION TO SELL: The Holder of the Judgment intends to have the Real Estate to be Sold by the undersigned Sheriff to partially or fully pay the lien of the Lien Documents. The effect of said sale will be to deprive all persons who claim an interest in the Real Estate of any right thereto, except as provided by law.
5. SALE: The Real Estate to be Sold, will be sold at public auction without warranties or guarantees at the following date, time and place:
Date of Sale: December 3, 2008
Place of Sale: Archuleta County
Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO 81147
Time of Sale: 10:00 a.m.
6. GOVERNMENTAL CLAIMS: To the copies of these Notices which are recorded, mailed, and served, there are attached copies of the written recorded claim of any governmental agency against the Real Estate and the independent notices which the law requires to be mailed to any such governmental agency to terminate their rights to the Real Estate.
Kleinsmith & Associates, P.C.
Attorney for Holder of Judgment
Colorado Attorney Registration No. 1063
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417 or (719) 593-1970
by /s/ Philip M. Kleinsmith
Dated: Aug. 22, 2008
Sheriff of the Above County
/s/ Peter L. Gonazalez
Address: 449 San Juan Street
Pagosa Springs, CO 81147
Identifying Data of Legal Documents1
Upon Which Foreclosure is Based
Type of Sale (Trustee, Sheriff, Special Master) and That Person’s Identifying No., (if applicable): Sheriff’s Sale
Type of Documents Being Foreclosed (Mortgage, Deed of Trust2, Judgment or Other Lien Instrument): Judgment
Default(s) Causing Foreclosure: Failure to Pay Judgment
Projected Amounts Owed As of Foreclosure Sale Date: Principal: $3,366.00, Interest: $185.90, Costs (estimated): $2,500.00, Attorneys Fees (estimated): $875.00, Total (estimated): $6,926.90
Real Estate3 to be Sold: Common Description: Unit Week Number 24, Condominium Unit Number 7507, Building Number 2, in Phase I of Village Pointe Condominiums, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 24, Condominium Unit Number 7507, Building Number 2, in Phase I of Village Pointe Condominiums, according to and as located on the recorded Map recorded under Reception No. 168713 and the Declaration of Condominium and Interval Ownership of Village Pointe Condominiums recorded under Reception No. 160495, and amendments and supplements thereto, in the Office of the County Clerk, Archuleta County, Colorado.
Lien Documents: That is the Identifying Data of Legal Documents1 Being Foreclosed Per Real Estate Records of County Stated in Legal Description:
Mortgage or Deed of Trust: Dated: N/A
Judgment: Dated: 7/3/2008 Case No.: 2008CV55 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 8/5/2008
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $3,366.00
Original Trustee: N/A
Original Holder4 of Lien Documents: Name: Village Pointe Property Owners Association, Inc. Address: c/o Foreclosure Management Company, 10975 El Monte, Suite 220, Overland Park, KS 66211
Present Holder of Lien Documents: Name: Village Pointe Property Owners Association, Inc. Address: c/o Foreclosure Management Company, 10975 El Monte, Suite 220, Overland Park, KS 66211
Original Liable Parties5 on Lien Documents: Name(s): Gina Marie Ann Bachicha and Richard Morris Besgrove Address: 1422 Peppoli Loop SE, Rio Rancho, NM 87124
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): Gina Marie Ann Bachicha and Richard Morris Besgrove Address: 1422 Peppoli Loop SE, Rio Rancho, NM 87124
1Mortgage, Deed of Trust, Judgment, or other Lien Instrument.
2Sometimes called “Trust Indenture”.
3Sometimes called “Mortgaged Property”, “Trust Property”, or “Property”.
4Sometimes called “Mortgagee”, “Beneficiary”, “Judgment Creditor”, or “Creditor”.
5Sometimes called “Mortgagors”, “Grantors”, “Judgment Debtors”, or “Debtors”.
Published September 11, 18, 25, October 2 and 9, 2008 in The Pagosa Springs SUN.
_______________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Village Pointe Property Owners Association, Inc.
v.
Defendant(s):
(1) Michael J. Dragush
(2) Alma E. Dragush
(3) Unknowns: All Unknown Spouses Of Any Party
Hereto, And All Other Persons Living Or Dead
Whose Names Are Unknown, Who Claim Any
Interest in The Subject Real Estate
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number 08CV53
NOTICES OF:
(1) LEVY AND RECORDING;
(2) RIGHT TO CLAIM EXEMPTION;
(3) RIGHT TO CURE AND/OR REDEEM;
(4) ELECTION OF SALE;
(5) SALE; AND
(6) GOVERNMENTAL CLAIMS YOU ARE NOTIFIED THAT:
All words and phrases which have the first letters thereof capitalized are defined on the attached Identifying Data of Legal Documents Upon Which foreclosure Is Based. The undersigned attorney certifies that to the best of his knowledge, the Judgment Debtor(s) and Current Owner(s) names and addresses are correct.
This proceeding for a Sheriff’s Sale (See Sheriff’s Identifying No. on attached Identifying Data, etc.) has been commenced in the office of the Sheriff of this County to foreclose the lien of the Mortgage, Deed of Trust and/or Judgment.
1. LEVY AND RECORDING: Judgment has been entered and a Writ of Execution has been issued by the above Court to the undersigned Sheriff to levy upon the Real Estate to be Sold, which is owed or was formerly owned by the Judgment Debtor(s), and to which the lien of the Lien Documents attached. Pursuant thereto, the undersigned Sheriff has levied upon or will levy upon the Real Estate to be Sold by recording these Notices in the appropriate real estate records.
2. RIGHT TO CLAIM EXEMPTION AND/OR ENJOIN: Within ten (10) days of the date of service hereof of the Judgment Debtor(s) and Current Owner(s), any one or more of them has a right to file with the Clerk of the above Court a written claim of exemption in the above case, which he, she or it may have by the laws of this State. At any time before this sale, Judgment Debtor(s), Current Owner(s), and other Interested Parties may have a right to enjoin this sale, if permitted by law. Failure to pursue these rights may be deemed a waiver thereof. The filing of a frivolous, groundless or vexatious lawsuit may result in attorney’s fees being assessed against you.
3. CURE AND/OR REDEMPTION RIGHTS: Pursuant to the laws of this State, you may have an interest in the Real Estate to be sold or have certain rights or suffer certain liabilities as a result of this Sheriff’s sale. You may have the right to cure a default under the judgment, or you may have a right to redeem the Real Estate to be Sold. A copy of said statutes, as such statutes are presently constituted, is attached to the copies hereof which are recorded, mailed and served.
The lien of the Lien Documents may not be a first lien.
A Notice of Intent to Cure filed pursuant to CRS 38-38-104 shall be filed with the Sheriff at least 15 calendar days prior to the first scheduled sale date or any date to which the sale is continued.
A Notice of Intent to Redeem filed pursuant to Section 38-38-302 shall be filed with the Sheriff no later than 8 business days after the sale.
4. ELECTION TO SELL: The Holder of the Judgment intends to have the Real Estate to be Sold by the undersigned Sheriff to partially or fully pay the lien of the Lien Documents. The effect of said sale will be to deprive all persons who claim an interest in the Real Estate of any right thereto, except as provided by law.
5. SALE: The Real Estate to be Sold, will be sold at public auction without warranties or guarantees at the following date, time and place:
Date of Sale: December 3, 2008
Place of Sale: Archuleta County
Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO 81147
Time of Sale: 10:00 a.m.
6. GOVERNMENTAL CLAIMS: To the copies of these Notices which are recorded, mailed, and served, there are attached copies of the written recorded claim of any governmental agency against the Real Estate and the independent notices which the law requires to be mailed to any such governmental agency to terminate their rights to the Real Estate.
Kleinsmith & Associates, P.C.
Attorney for Holder of Judgment
Colorado Attorney Registration No. 1063
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417 or (719) 593-1970
by /s/ Philip M. Kleinsmith
Dated: Aug. 22, 2008
Sheriff of the Above County
/s/ Peter L. Gonazalez
Address: 449 San Juan Street
Pagosa Springs, CO 81147
Identifying Data of Legal Documents1
Upon Which Foreclosure is Based
Type of Sale (Trustee, Sheriff, Special Master) and That Person’s Identifying No., (if applicable): Sheriff’s Sale
Type of Documents Being Foreclosed (Mortgage, Deed of Trust, Judgment or Other Lien Instrument): Judgment
Default(s) Causing Foreclosure: Failure to Pay Judgment
Projected Amounts Owed As of Foreclosure Sale Date: Principal: $5,654.31, Costs (estimated): $2,500.00, Attorneys Fees (estimated): $875.00, Total (estimated): $9,029.31
Real Estate to be Sold: Common Description: Unit Week Number 40, Condominium Unit Number 7530, Building Number 6, in Phase III of Village Pointe Condominiums, Archuleta County, Colorado
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 40, Condominium Unit Number 7530, Building Number 6, in Phase III of Village Pointe Condominiums, according to and as located on the recorded map recorded under Reception No. 176324 and the Declaration of Condominium and Interval Ownership of Village Pointe Condominiums recorded under Reception No. 160495, and amendments and supplements thereto, in the Office of the County Clerk, Archuleta County, Colorado
Lien Documents: That is the Identifying Data of Legal Documents1 Being Foreclosed Per Real Estate Records of County Stated in Legal Description: Mortgage or Deed of Trust: Dated : N/A
Judgment: Dated: 7/14/2008 Case No.: 2008CV53 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 8/5/2008
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $5,654.31
Original Trustee: N/A
Original Holder4 of Lien Documents: Name: Village Pointe Property Owners Association, Inc. Address: c/o Foreclosure Management Company, 10975 El Monte, Suite 220, Overland Park, KS 66211
Present Holder of Lien Documents: Name: Village Pointe Property Owners Association, Inc. Address: c/o Foreclosure Management Company, 10975 El Monte, Suite 220, Overland Park, KS 66211
Original Liable Parties5 on Lien Documents: Name(s): Michael J. Dragush and Alma E. Dragush Address: 1920 Tauromee Ave A #125, Kansas City, KS 66102; 737 NW South Shore Drive, Kansas City, MO 64151; P.O. Box 181, Louisburg, KS 66053; RR2 Box 181C, Louisburg, KS 66053
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): Michael J. Dragush and Alma E. Dragush Address: 1920 Tauromee Ave A #125, Kansas City, KS 66102; 737 NW South Shore Drive, Kansas City, MO 64151; P.O. Box 181, Louisburg, KS 66053; RR2 Box 181C, Louisburg, KS 66053
1Mortgage, Deed of Trust, Judgment, or other Lien Instrument.
2Sometimes called “Trust Indenture”.
3Sometimes called “Mortgaged Property”, “Trust Property”, or “Property”.
4Sometimes called “Mortgagee”, “Beneficiary”, “Judgment Creditor”, or “Creditor”.
5Sometimes called “Mortgagors”, “Grantors”, “Judgment Debtors”, or “Debtors”.
Published September 11, 18, 25, October 2 and 9, 2008 in The Pagosa Springs SUN.
_______________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Village Pointe Property Owners Association, Inc.
v.
Defendant(s):
(1) William K. Varnadore
(2) Mauryne Varnadore
(3) Unknowns: All Unknown Spouses Of Any Party
Hereto, And All Other Persons Living Or Dead
Whose Names Are Unknown, Who Claim Any
Interest in The Subject Real Estate
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number 08CV43
NOTICES OF:
(1) LEVY AND RECORDING;
(2) RIGHT TO CLAIM EXEMPTION;
(3) RIGHT TO CURE AND/OR REDEEM;
(4) ELECTION OF SALE;
(5) SALE; AND
(6) GOVERNMENTAL CLAIMS
YOU ARE NOTIFIED THAT:
All words and phrases which have the first letters thereof capitalized are defined on the attached Identifying Data of Legal Documents Upon Which foreclosure Is Based. The undersigned attorney certifies that to the best of his knowledge, the Judgment Debtor(s) and Current Owner(s) names and addresses are correct.
This proceeding for a Sheriff’s Sale (See Sheriff’s Identifying No. on attached Identifying Data, etc.) has been commenced in the office of the Sheriff of this County to foreclose the lien of the Mortgage, Deed of Trust and/or Judgment.
1. LEVY AND RECORDING: Judgment has been entered and a Writ of Execution has been issued by the above Court to the undersigned Sheriff to levy upon the Real Estate to be Sold, which is owed or was formerly owned by the Judgment Debtor(s), and to which the lien of the Lien Documents attached. Pursuant thereto, the undersigned Sheriff has levied upon or will levy upon the Real Estate to be Sold by recording these Notices in the appropriate real estate records.
2. RIGHT TO CLAIM EXEMPTION AND/OR ENJOIN: Within ten (10) days of the date of service hereof of the Judgment Debtor(s) and Current Owner(s), any one or more of them has a right to file with the Clerk of the above Court a written claim of exemption in the above case, which he, she or it may have by the laws of this State. At any time before this sale, Judgment Debtor(s), Current Owner(s), and other Interested Parties may have a right to enjoin this sale, if permitted by law. Failure to pursue these rights may be deemed a waiver thereof. The filing of a frivolous, groundless or vexatious lawsuit may result in attorney’s fees being assessed against you.
3. CURE AND/OR REDEMPTION RIGHTS: Pursuant to the laws of this State, you may have an interest in the Real Estate to be sold or have certain rights or suffer certain liabilities as a result of this Sheriff’s sale. You may have the right to cure a default under the judgment, or you may have a right to redeem the Real Estate to be Sold. A copy of said statutes, as such statutes are presently constituted, is attached to the copies hereof which are recorded, mailed and served.
The lien of the Lien Documents may not be a first lien.
A Notice of Intent to Cure filed pursuant to CRS 38-38-104 shall be filed with the Sheriff at least 15 calendar days prior to the first scheduled sale date or any date to which the sale is continued.
A Notice of Intent to Redeem filed pursuant to Section 38-38-302 shall be filed with the Sheriff no later than 8 business days after the sale.
4. ELECTION TO SELL: The Holder of the Judgment intends to have the Real Estate to be Sold by the undersigned Sheriff to partially or fully pay the lien of the Lien Documents. The effect of said sale will be to deprive all persons who claim an interest in the Real Estate of any right thereto, except as provided by law.
5. SALE: The Real Estate to be Sold, will be sold at public auction without warranties or guarantees at the following date, time and place:
Date of Sale: December 3, 2008
Place of Sale: Archuleta County
Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO 81147
Time of Sale: 10:00 a.m.
6. GOVERNMENTAL CLAIMS: To the copies of these Notices which are recorded, mailed, and served, there are attached copies of the written recorded claim of any governmental agency against the Real Estate and the independent notices which the law requires to be mailed to any such governmental agency to terminate their rights to the Real Estate.
Kleinsmith & Associates, P.C.
Attorney for Holder of Judgment
Colorado Attorney Registration No. 1063
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417 or (719) 593-1970
by /s/ Philip M. Kleinsmith
Dated: Aug. 22, 2008
Sheriff of the Above County
/s/ Peter L. Gonazalez
Address: 449 San Juan Street
Pagosa Springs, CO 81147
Identifying Data of Legal Documents1
Upon Which Foreclosure is Based
Type of Sale (Trustee, Sheriff, Special Master) and That Person’s Identifying No., (if applicable): Sheriff’s Sale
Type of Documents Being Foreclosed (Mortgage, Deed of Trust2, Judgment or Other Lien Instrument): Judgment
Default(s) Causing Foreclosure: Failure to Pay Judgment
Projected Amounts Owed As of Foreclosure Sale Date: Principal: $5,249.02, Costs (estimated): $2,500.00, Attorneys Fees (estimated): $875.00, Total (estimated): $8,624.02
Real Estate3 to be Sold: Common Description: Unit Week Number 18, Condominium Unit Number 7514, Building Number 04, in Phase II of Village Pointe Condominiums, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: N/A
Legal Description: Unit Week Number 18, Condominium Unit Number 7514, Building Number 04, in Phase II of Village Pointe Condominiums, according to and as located on the recorded map recorded under Reception No. 171189 and the Declaration of Condominium and Interval Ownership of Village Pointe Condominiums recorded under Reception No. 160495, and amendments and supplements thereto, in the Office of the County Clerk, Archuleta County, Colorado.
Lien Documents: That is the Identifying Data of Legal Documents1 Being Foreclosed Per Real Estate Records of County Stated in Legal Description: Mortgage or Deed of Trust: Dated: N/A
Judgment: Dated: 7/9/2008 Case No.: 2008CV43 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 8/5/2008
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $5,249.02
Original Trustee: N/A
Original Holder4 of Lien Documents: Name: Village Pointe Property Owners Association, Inc. Address: c/o Foreclosure Management Company, 10975 El Monte, Suite 220, Overland Park, KS 66211
Present Holder of Lien Documents: Name: Village Pointe Property Owners Association, Inc. Address: c/o Foreclosure Management Company, 10975 El Monte, Suite 220, Overland Park, KS 66211
Original Liable Parties5 on Lien Documents: Name(s): William K. Varnadore and Mauryne Varnadore Address: 2900 Brandy Ln, Georgetown, TX 78628
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): William K. Varnadore and Mauryne Varnadore Address: 2900 Brandy Ln, Georgetown, TX 78628
1Mortgage, Deed of Trust, Judgment, or other Lien Instrument.
2Sometimes called “Trust Indenture”.
3Sometimes called “Mortgaged Property”, “Trust Property”, or “Property”.
4Sometimes called “Mortgagee”, “Beneficiary”, “Judgment Creditor”, or “Creditor”.
5Sometimes called “Mortgagors”, “Grantors”, “Judgment Debtors”, or “Debtors”.
Published September 11, 18, 25, October 2 and 9, 2008 in The Pagosa Springs SUN.
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COMBINED NOTICE ARCHULETA COUNTY PUBLIC TRUSTEE
SALE NO. 79-2008
This Notice concerns the Deed of Trust (“Trust Deed”) described as follows:
Grantor: Mitzi Bowman and Brandon Bowman
Original Beneficiary: IndyMac Bank, F.S.B.
Current Owner of the Evidence of Debt: IndyMac Bank, F.S.B.
Date of Deed of Trust: April 02, 2004
Recording Date of Deed of Trust: April 16, 2004
Original Principal Amount of Evidence of Debt: $218,250.00
Outstanding Principal Amount of Evidence of Debt as of the date hereof: $238,883.52 Per Section 3 paragraph E and F of the Adjustable Rate Note
County of Recording: Archuleta
Book and Page No. or Reception No. of Recorded Deed of Trust: as Reception No. 20403472
Legal Description of Real Property: LOT 778 IN TWINCREEK VILLAGE, COUNTY OF ARCHULETA, STATE OF COLORADO. Also known as: 25 Beech Court, Pagosa Springs, CO 81147
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
THE LIEN OF THE DEED OF TRUST TO BE FORECLOSED MAY NOT BE A FIRST LIEN.
YOU ARE NOTIFIED AS FOLLOWS:
The Holder of the debt secured by the Deed of Trust declares a violation of the covenants of said Deed of Trust for reasons including, but not limited to, the failure to make payments as provided for in the Deed of Trust and Negotiable Instrument.
The Holder of the Debt secured by the Deed of Trust has filed a written Notice of Election and Demand for sale with the undersigned Public Trustee under the terms of the Deed of Trust.
A notice of Intent to Cure filed pursuant to Colorado Revised Statutes 38-38-104 shall be filed with the undersigned at least 15 calendar days prior to the first schedule sale date or any date to which the sale is continued.
A notice of Intent to Redeem pursuant to Colorado Revised Statutes 38-38-302 shall be filed with the undersigned no later than 8 business days after the sale.
The name, address and telephone number of each attorney (if any) representing the Holder of the Debt is as follows:
Robert J. Aronowitz, Esq.Reg. No. 5673
Joel T. Mecklenburg, Esq. Reg. No. 36291
Stacey L. Aronowitz, Esq. Reg. No. 36290
Joan Olson, Esq. Reg. No. 28078
Marcy L. McDermott, Esq. Reg. No. 38030
Aronowitz & Ford, LLP
1199 Bannock Street
Denver, Colorado 80204
(303) 813-1177
NOTICE OF SALE
The undersigned will on November 6, 2008, at 10:00 a.m., at Archuleta County Courthouse, 449 San Juan St., Pagosa Springs, CO 81147, sell the Property at public auction to the highest bidder who has submitted bid funds to the undersigned as specified by C.R.S. 38-38-1-6(7) to pay the Debt and certain other sums, all as provided by applicable law and the Deed of Trust.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE.
DATED: July 10, 2008
/s/ Lois Baker
Public Trustee of Archuleta County, Colorado
Lois Baker
Public Trustee of Archuleta County
By: /s/ Vicky Rudock
Deputy Public Trustee
Published September 11, 18, 25, October 2 and 9, 2008 in The Pagosa Springs SUN.
_______________________
COMBINED NOTICE OF SALE AND RIGHT TO CURE OR REDEEM
To Whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 80-2008 was commenced on 7-10-08 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Amanda McMasters Original Grantor(s)
Eagle Home Mortgage, LLC Original Beneficiary
EAGLE HOME MORTGAGE LLC Current Holder of Evidence of Debt
March 7, 2007 Date of Deed of Trust
Archuleta County of Recording
March 19, 2007 Recording Date of Deed of Trust:
At Reception No. 20702350 Recording Information Receipt No. and/or Book No. and Page No.
$211,000.00 Original Principal Balance
$208,353.43 Outstanding Principal Balance
Pursuant to C.R.S. § 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.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
LOTS 184-185, PAGOSA TRAILS. ACCORDING TO THE PLAT THEREOF FILED SEPTEMBER 13, 1971, AS RECEPTION NO. 74885, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO. A.P.N.: 569525102015R
WHICH HAS THE ADDRESS OF 14 Cibola Court Pagosa Springs, CO 81147
NOTICE OF SALE
The current Holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Herby Given that I will at public action at 10:00 a.m. on November 6, 2008, at 449 San Juan Street, Front Door of Treasurer’s Ofice 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 attorney’s fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
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 SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. 38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. 38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 7-10-08
/s/ Lois Baker
Public Trustee of Archuleta County, State of Colorado
/s/ Vicky Rudock, Deputy
The name, address and telephone number of the attorneys representing the legal holder of the indebtedness is:
Robert J. Hopp & Associates, LLC
Robert J. Hopp #26818
Wayne E. Vaden #21026
Will R. Arant, III #36864
Robert J. Hopp & Associates, LLC, PO Box 8689, Denver, CO 80201, (303) 788-9600
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.
Published September 11, 18, 25, October 2 and 9, 2008 in The Pagosa Springs SUN.
_______________________
The second reading of Ordinance No. 05
COMBINED NOTICE OF SALE AND RIGHT TO CURE OR REDEEM
To Whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 68-2008 was commenced on 6-27-08 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Rick S Maxville and Cathy G Maxville Original Grantor(s)
Mortgage Electronic Registration Systems, Inc., as nominee for America’s Wholesale Lender Original Beneficiary
Bank of New York as Trustee for the Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2005-3 Current Holder of Evidence of Debt
February 18, 2005 Date of Deed of Trust
Archuleta County of Recording
February 25, 2005 Recording Date of Deed of Trust:
At Reception No. 20501687 Recording Information Receipt No. and/or Book No. and Page No.
$160,000.00 Original Principal Balance
$154,949.83 Outstanding Principal Balance
Pursuant to C.R.S. § 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.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
LOT 3 OF BLOCK 15 IN AMENDED ASPEN SPRINGS SUBDIVISION NO. 1, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD MARCH 22, 1971 AS RECEPTION NO. 74229
WHICH HAS THE ADDRESS OF 521 Deer Trail Pagosa Springs, CO 81147-9637
NOTICE OF SALE
The current Holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Herby Given that I will at public action at 10:00 a.m. on October 23, 2008, at Office of the Archuleta County Public Trustee, Archuleta County Courthouse, Pagosa Springs, Colorado, 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 attorney’s fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
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 SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. 38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. 38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 6-27-08
/s/ Lois Baker
Public Trustee of Archuleta County, State of Colorado
By /s/ Vicky Rudock, Deputy
The name, address and telephone number of the attorneys representing the legal holder of the indebtedness is:
Robert J. Hopp #26818
Wayne E. Vaden #21026
Will R. Arant, III #36864
Matt P. Ruhland #36940
Robert J. Hopp & Associates, LLC, PO Box 8689, Denver, CO 80201, (303) 788-9600
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.
Published September 4, 11, 18, 25 and October 2, 2008 in The Pagosa Springs SUN.
_______________________
COMBINED NOTICE ARCHULETA COUNTY
PUBLIC TRUSTEE
SALE NO. 71-2008
This Notice concerns the Deed of Trust (“Trust Deed”) described as follows:
Grantor: Eli Carpenter
Original Beneficiary: Mortgage Electronic Registration Systems, Inc., acting solely as nominee for United Pacific Mortgage
Current Owner of the Evidence of Debt: LaSalle Bank National Association, as Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset-Backed Certificates, Series 2006-HE10
Date of Deed of Trust: October 05, 2006
Recording Date of Deed of Trust: October 20, 2006
Original Principal Amount of Evidence of Debt: $104,500.00
Outstanding Principal Amount of Evidence of Debt as of the date hereof: $107,369.21 Per Loan Modification Agreement Dated January 30, 2008
County of Recording: Archuleta
Book and Page No. or Reception No. of Recorded Deed of Trust: as Reception No. 20610280
Legal Description of Real Property: Please See Attached Legal Description Also known as: 284 Talisman Dr., Pagosa Springs, CO 81147
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
THE LIEN OF THE DEED OF TRUST TO BE FORECLOSED MAY NOT BE A FIRST LIEN.
YOU ARE NOTIFIED AS FOLLOWS:
The Holder of the debt secured by the Deed of Trust declares a violation of the covenants of said Deed of Trust for reasons including, but not limited to, the failure to make payments as provided for in the Deed of Trust and Negotiable Instrument.
The Holder of the Debt secured by the Deed of Trust has filed a written Notice of Election and Demand for sale with the undersigned Public Trustee under the terms of the Deed of Trust.
A notice of Intent to Cure filed pursuant to Colorado Revised Statutes 38-38-104 shall be filed with the undersigned at least 15 calendar days prior to the first schedule sale date or any date to which the sale is continued.
A notice of Intent to Redeem pursuant to Colorado Revised Statutes 38-38-302 shall be filed with the undersigned no later than 8 business days after the sale.
The name, address and telephone number of each attorney (if any) representing the Holder of the Debt is as follows:
Robert J. Aronowitz, Esq.Reg. No. 5673
Joel T. Mecklenburg, Esq. Reg. No. 36291
Stacey L. Aronowitz, Esq. Reg. No. 36290
Joan Olson, Esq. Reg. No. 28078
Marcy L. McDermott, Esq. Reg. o 38030
Aronowitz & Ford, LLP
1199 Bannock Street
Denver, Colorado 80204
(303) 813-1177
NOTICE OF SALE
The undersigned will on October 23, 2008, at 10:00 a.m., at Archuleta County Courthouse, 449 San Juan St., Pagosa Springs, CO 81147, sell the Property at public auction to the highest bidder who has submitted bid funds to the undersigned as specified by C.R.S. 38-38-1-6(7) to pay the Debt and certain other sums, all as provided by applicable law and the Deed of Trust.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE.
DATED: July 2, 2008
/s/ Lois Baker
Public Trustee of Archuleta County, Colorado
Lois Baker
Public Trustee of Archuleta County
By: /s/ Vicky Rudock
Deputy Public Trustee
Published September 4, 11, 18, 25 and October 2, 2008 in The Pagosa Springs SUN.
_______________________
COMBINED NOTICE OF SALE AND RIGHT TO CURE OR REDEEM
To Whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 72-2008 was commenced on 7-2-08 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Lynn A. Fugate and Cliff Fugate Original Grantor(s)
Mortgage Electronic Registration Systems, Inc., as nominee for SurePoint Lending abn First Residential Mortgage Network, Inc. Original Beneficiary
Countrywide Home Loans, Inc. Current Holder of Evidence of Debt
September 29, 2007 Date of Deed of Trust
Archuleta County of Recording
October 12, 2007 Recording Date of Deed of Trust:
At Reception No. 20709633 Recording Information Receipt No. and/or Book No. and Page No.
$417,000.00 Original Principal Balance
$416,206.61 Outstanding Principal Balance
Pursuant to C.R.S. § 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.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
LOT 94 IN LAKE HATCHER PARK, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD NOVEMBER 5, 1973 AS RECEPTION NO. 78738, COUNTRY OF ARCHULETA AND STATE OF COLORADO
WHICH HAS THE ADDRESS OF 81 Point Place Pagosa Springs, CO 81147
NOTICE OF SALE
The current Holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Herby Given that I will at public auction at 10:00 a.m. on October 23, 2008, at at the front door of the Archuleta County Public Trustee’s Office, 449 San Juan Street, Pagosa Springs, Colorado, 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 attorney’s fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
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 SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. 38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. 38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 7-2-08
Public Trustee of Archuleta County, State of Colorado
/s/ Lois Baker by Vicky Rudock, Deputy
By: Lois Baker, Public Trustee
The name, address and telephone number of the attorneys representing the legal holder of the indebtedness is:
Caren Jacobs Castle #11790
Deanne R. Stodden #33214
Elizabeth S. Marcus #16092
Barbara A. Bader #10394
Jennifer C. Rogers #34682
Britney Beall-Eder #34935
P.C. Wolf #34797
Katharine E. Fisher #39230
Lauren R. Smith #39316
Jeremy D. Peck #36588
Castle Meinhold & Stawiarski, LLC, 999 18th Street, Suite 2201, Denver, CO 80202, (303) 865-1400
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.
Published September 4, 11, 18, 25 and October 2, 2008 in The Pagosa Springs SUN.
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COMBINED NOTICE OF SALE AND RIGHT TO CURE OR REDEEM
To Whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 73-2008 was commenced on 7-2-08 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Kelley Jackson Cruz and Pedro G Cruz Original Grantor(s)
Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB Original Beneficiary
COUNTRYWIDE BANK, FSB Current Holder of Evidence of Debt
September 7, 2007 Date of Deed of Trust
Archuleta County of Recording
September 20, 2007 Recording Date of Deed of Trust:
At Reception No. 20708683 Recording Information Receipt No. and/or Book No. and Page No.
$314,500.00 Original Principal Balance
$314,500 Outstanding Principal Balance
Pursuant to C.R.S. § 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.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
Exhibit “A”
The land referred to herein is situated in the State of Colorado, County of Archuleta described as follows:
LOT 23X BEING A CONSOLIDATION OF LOTS 22 AND 23, RIO BLANCO VALLEY UNIT FOUR, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 15, 1970, AS RECEPTION NO. 72963 AND AS FURTHER DEFINED AND DESCRIBED IN RESOLUTION NO. 97-40, FROM THE BOARD OF COUNTY, COMMISSIONERS, ARCHULETA COUNTY, COLORADO, RECORDED JULY 29, 1997, S RECEPTION NO. 97004796, ALL IN THE OFFICE OF THE CLERK AND RECORDED, ARCHULETA COUNTY, COLORADO.
SOURCE OF TITLE: DOCUMENT NUMBER 20701574 (RECORDED 02/21/2007)
APN: 588732101023
WHICH HAS THE ADDRESS OF 80 Eagle Crest Place, Pagosa Springs, CO 81147
NOTICE OF SALE
The current Holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Herby Given that I will at public auction at 10:00 a.m. on October 23, 2008, at 449 San Juan Street, Front Door of Treasurer’s Office, 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 attorney’s fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
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 SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. 38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. 38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 7-2-08
/s/ Lois Baker
Public Trustee of Archuleta County, State of Colorado
/s/ Vicky Rudock, Deputy
By: Lois Baker, Public Trustee
The name, address and telephone number of the attorneys representing the legal holder of the indebtedness is:
Robert J. Hopp #26818
Wayne E. Vaden #21026
Will R. Arant, III #36864
Robert J. Hopp & Associates, LLC, PO Box 8689, Denver, CO 80201, (303) 788-9600
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.
Published September 4, 11, 18, 25 and October 2, 2008 in The Pagosa Springs SUN.
_______________________
COMBINED NOTICE OF SALE AND RIGHT TO CURE OR REDEEM
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust: Foreclosure Sale No. 74-2008 was commenced on 7-7-08 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
George Granby Original Grantor
Rio Grande Savings and Loan Assoc., Mutual Association Original Beneficiary
Rio Grande Savings and Loan, Assoc., Mutual Association Current holder (“Holder”) of Evidence of Debt (“Debt”) secured by Deed of Trust
August 22, 2007 Date of Deed of Trust
August 22, 2007 Recording Date of Deed of Trust:
Archuleta County County of Recording
Reception # 20707399 Reference Nos. of Recorded Deed of Trust on the note.
$178,500.00 Original Principal Balance
$184,048.83 Outstanding Principal Balance
Pursuant to C.R.S. § 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 BEING FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST
Lot 25, Block 7, Amended Aspen Springs Subdivision No. 2, according to the plat hereof filed June 15, 1971, as Reception No. 74503, in the office of the Clerk and Recorder, Archuleta County, Colorado.
NOTICE OF SALE
The current Holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, NOTICE IS HEREBY GIVEN that I will at 10 o’clock a.m., in the forenoon of October 30, 2008, at Public Trustee Office, 449 San Juan St., Archuleta County Courthouse, sell at public auction 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 attorney’s fees, and the expenses of sale and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
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 SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. 38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. 38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: July 7, 2008
/s/ Lois Baker by Vicky Rudock, Deputy
Archuleta Public Trustee, Archuleta County, Colorado
The name, address and telephone number of the attorneys representing the legal holder of the indebtedness is: Benjamin F. Gibbons, P.C., #17815, (719)852-4731
THE LAW FIRM OF BENJAMIN F. GIBBONS, PC IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Published September 4, 11, 18, 25 and October 2, 2008 in The Pagosa Springs SUN.
_______________________
COMBINED NOTICE OF SALE AND RIGHT TO CURE OR REDEEM
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust: Foreclosure Sale No. 75-2008 was commenced on 7-7-08 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
George Granby Original Grantor
Rio Grande Savings and Loan Assoc., Mutual Association Original Beneficiary
Rio Grande Savings and Loan, Assoc., Mutual Association Current holder (“Holder”) of Evidence of Debt (“Debt”) secured by Deed of Trust
May 21, 2007 Date of Deed of Trust
May 21, 2007 Recording Date of Deed of Trust:
Archuleta County County of Recording
Reception # 20704412 Reference Nos. of Recorded Deed of Trust on the note.
$174,250.00 Original Principal Balance
$179,330.61 Outstanding Principal Balance
Pursuant to C.R.S. § 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 BEING FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST
Lot 47, Block 15, Amended Aspen Springs Subdivision No. 2, according to the plat hereof filed June 15, 1971, as Reception No. 74503, in the office of the Clerk and Recorder, Archuleta County, Colorado.
NOTICE OF SALE
The current Holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, NOTICE IS HEREBY GIVEN that I will at 10 o’clock a.m., in the forenoon of October 30, 2008, at Public Trustee Office, 449 San Juan St., Archuleta County Courthouse, sell at public auction 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 attorney’s fees, and the expenses of sale and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
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 SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. 38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. 38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: July 7, 2008
/s/ Lois Baker by Vicky Rudock, Deputy
Archuleta Public Trustee, Archuleta County, Colorado
The name, address and telephone number of the attorneys representing the legal holder of the indebtedness is: Benjamin F. Gibbons, P.C., #17815, (719)852-4731
THE LAW FIRM OF BENJAMIN F. GIBBONS, PC IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Published September 4, 11, 18, 25 and October 2, 2008 in The Pagosa Springs SUN.
_______________________
COMBINED NOTICE ARCHULETA COUNTY
PUBLIC TRUSTEE
SALE NO. 76-2008
This Notice concerns the Deed of Trust (“Trust Deed”) described as follows:
Grantor: Trish K. Candelaria
Original Beneficiary: Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Clarion Mortgage Capital Inc.
Current Owner of the Evidence of Debt: Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of December 1, 2006 Securitized Asset Backed Receivables LLC Trust 2006-WM4 Mortgage Pass-Through Certificates, Series 2006-WM4
Date of Deed of Trust: July 25, 2006
Recording Date of Deed of Trust: July 25, 2006
Original Principal Amount of Evidence of Debt: $148,000.00
Outstanding Principal Amount of Evidence of Debt as of the date hereof: $147,291.09
County of Recording: Archuleta
Book and Page No. or Reception No. of Recorded Deed of Trust: as Reception No. 20607082
Legal Description of Real Property: LOTS 91, 92, 93, AND 94 IN ASPEN SPRINGS SUBDIVISION NO 5, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD AUGUST 3, 1971 AS RECEPTION NO. 74690 Also known as: 88 Kings Ct., Pagosa Springs, CO 81147
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
THE LIEN OF THE DEED OF TRUST TO BE FORECLOSED MAY NOT BE A FIRST LIEN.
YOU ARE NOTIFIED AS FOLLOWS:
The Holder of the debt secured by the Deed of Trust declares a violation of the covenants of said Deed of Trust for reasons including, but not limited to, the failure to make payments as provided for in the Deed of Trust and Negotiable Instrument.
The Holder of the Debt secured by the Deed of Trust has filed a written Notice of Election and Demand for sale with the undersigned Public Trustee under the terms of the Deed of Trust.
A notice of Intent to Cure filed pursuant to Colorado Revised Statutes 38-38-104 shall be filed with the undersigned at least 15 calendar days prior to the first schedule sale date or any date to which the sale is continued.
A notice of Intent to Redeem pursuant to Colorado Revised Statutes 38-38-302 shall be filed with the undersigned no later than 8 business days after the sale.
The name, address and telephone number of each attorney (if any) representing the Holder of the Debt is as follows:
Robert J. Aronowitz, Esq.Reg. No. 5673
Joel T. Mecklenburg, Esq. Reg. No. 36291
Stacey L. Aronowitz, Esq. Reg. No. 36290
Joan Olson, Esq. Reg. No. 28078
Marcy L. McDermott, Esq. Reg. o 38030
Aronowitz & Ford, LLP
1199 Bannock Street
Denver, Colorado 80204
(303) 813-1177
NOTICE OF SALE
The undersigned will on October 30, 2008, at 10:00 a.m., at Archuleta County Courthouse, 449 San Juan St., Pagosa Springs, CO 81147, sell the Property at public auction to the highest bidder who has submitted bid funds to the undersigned as specified by C.R.S. 38-38-1-6(7) to pay the Debt and certain other sums, all as provided by applicable law and the Deed of Trust.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE.
DATED: July 7, 2008
/s/ Lois Baker
Public Trustee of Archuleta County, Colorado
Lois Baker
Public Trustee of Archuleta County
By: /s/ Vicky Rudock
Deputy Public Trustee
Published September 4, 11, 18, 25 and October 2, 2008 in The Pagosa Springs SUN.
_______________________
COMBINED NOTICE OF SALE AND NOTICE OF RIGHTS TO CURE OR REDEEM
Public Trustee No. 78-2008
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On 7-9-08, 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 TRISH K. CANDELARIA
Original Beneficiary MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR LENDER, CLARION MORTGAGE CAPITAL INC
Current Beneficiary DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF DECEMBER 1, 2006 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-WM4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-WM4
Date of Deed of Trust 7/25/2006
Recording Date of Deed of Trust 7/25/2006
Recorded in Archuleta County Reception No. 20607083
Original Principal Amount $37,000.00
Outstanding Balance $36,816.97
Pursuant to C.R.S. §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 monthly installments due Note Holder.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
LOTS 91, 92, 93 AND 94 IN ASPEN SPRINGS SUBDIVISION NO. 5, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD AUGUST 3, 1971 AS RECEPTION NO. 74690, COUNTY OF ARCHULETA, STATE OF COLORADO.
which has the address of: 88 Kings Ct Pagosa Springs, CO 81147
NOTICE OF SALE
The current owner of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will, at 10:00 a.m. in the forenoon of October 30, 2008, At the Archuleta County Public Trustee’s Office, 449 San Juan Street, Pagosa Springs, Colorado, sell at public auction to the highest and best bidder for cash, the said real property and all interest of 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 deliver to the purchaser a Certificate of Purchase, all as provided by law.
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 SAID STATUES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
• A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. 38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
• A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. 38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS FOLLOWING THE SALE.
Dated: 7-9-08
LOIS BAKER
Archuleta COUNTY PUBLIC TRUSTEE
By: /s/ Vicky Rudock, Deputy
Attorney:
Law Office of Michael P. Medved, P.C. Attorney Registration No. 14669
355 Union Blvd., Suite 302, Lakewood, CO 80228
Phone: (303) 274-0155 Fax: (303) 274-0159
Published September 4, 11, 18, 25 and October 2, 2008 in The Pagosa Springs SUN.
_______________________
District Court, Archuleta County, State of Colorado
Court Address: 449 San Juan Street, P.O. Box 148
Pagosa Springs, Colorado 81147
Telephone No.: (970) 264-2400
EAGLE’S LOFT PROPERTY OWNERS ASSOCIATION, INC.
Plaintiff
v.
ARTHUR A. CORONADO, SANDRA LEE PADILLA and All Unknown Persons Who Claim Any Interest In The Subject Matter Of This Action,
Defendant.
Attorney for Plaintiff:
Name: Larry W. Holthus
Address: P.O. Box 1737
Pagosa Springs, Colorado 81147
Telephone No.: (970) 264-4196
Facsimile No.: (970) 264-4197
Atty. Reg. No.: 10535
Case Number: 08 CV077
SHERIFF’S COMBINED NOTICE OF SALE, RIGHT TO CURE AND RIGHT TO REDEEM
TO WHOM IT MAY CONCERN:
This is to advise you that the above-captioned action is pending. A Judgment and Decree for Judicial Foreclosure has been entered in this action concerning an assessment lien by the plaintiff Eagle’s Loft Property Owners Association, Inc. pursuant to the Colorado Common Interest Ownership Act, Colorado Revised Statutes, §3-33.3-316(2)(a), and the Plaintiff’s Property Owners Association Declaration for Eagle’s Loft Property Owners Association, Inc. of (said) Assessment Lien being recorded on January 15, 2008 at Reception No. 20800337, corrected and rerecorded on February 19, 2008 at Reception No. 20801163 in the office of the Clerk and Recorders Office of Archuleta County, Colorado (the “Assessment Lien”).
The real property which is the subject matter of this litigation, which is the property subject to the Assessment Lien, is situation in Archuleta County, and is described as follows, to-wit:
Unit Number 45 Building Number 45, Unit Week Number 14, in “EAGLE’S LOFT – Phase IV, as Reception No. 137941 and in accordance with and as limited and defined by the Declaration of Individual and/or Interval Ownership, recorded under Reception Number 117700 in Book 200 at Page 834 et seq and amendments and supplements thereto in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.
The Plaintiff named above is the judgment creditor in this action and the lienor of the property pursuant to the Colorado Common Interest Ownership Act, Colorado revised Statutes, §33-33.3-316(2)(a), and the Plaintiff’s Property Owners Association Declaration for Eagles’ Loft Property Owners Association. As of August 13, 2008, the outstanding balance due and owing on such judgment is $1,670.00.
I shall offer for public sale to the highest bidder, for case, at public auction, all the right, title and interest of the defendants in said property on 12-16, 2008 at 10:00 a.m. at the Archuleta County Sheriff’s Office, 449 San Juan St., Pagosa Springs, CO 81147.
NOTE: THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.
Attached hereto are copies of certain Colorado statutes that my 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. You may wish to seek the advice of your own private attorney concerning your rights in relation to this foreclosure proceeding.
C.R.S. §38-38-103(4)(a)(II): A notice of intent to cure filed pursuant to section 38-38-104 shall be filed with the officer at least fifteen calendar days prior to the first scheduled sale date or any date to which the sale is continued;
C.R.S. §38-38-103(4)(a)(III): A notice of intent to redeem filed pursuant to section 38-38-302 shall be filed with the officer no later than eight business days after the sale;
INTENT to cure and redeem, as provided by the aforementioned laws, must be directed to or conducted at the Office of the Sheriff for the County of Archuleta, Front Office, 449 San Juan Street, Pagosa Springs, CO 81147.
Dated at Archuleta County, Colorado, this 28 day of Aug, 2008
/s/ Peter L. Gonzalez
Peter L. Gonzalez
Sheriff, Archuleta County, Colorado
Sale Date: Dec 16, 2008 at 10:00 a.m.
BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS TO COVER THEIR HIGHEST BID AT THE TIME OF THE SALE. CERTIFIED FUNDS ARE PAYABLE TO THE REGISTRY OF THE ARCHULETA COUNTY DISTRICT COURT.
Colorado Statutes attached: Colorado Revised Statutes §38-37-108, 38-38-103, 38-38-104,38-38-301,38-38-304,38-38-305, and 38-38-306.
Published September 4, 11, 18, 25 and October 2, 2008 in The Pagosa Springs SUN.
_______________________
District Court, Archuleta County, State of Colorado
Court Address: 449 San Juan Street, P.O. Box 148
Pagosa Springs, Colorado 81147
Telephone No.: (970) 264-2400
EAGLE’S LOFT PROPERTY OWNERS ASSOCIATION, INC.
Plaintiff
v.
ROBERT E. HAYS, aka Robert C. Hays, The Personal Representative of Robert E. Hays, aka Robert C. Hays, the Heirs and Devisees of Robert E. Hays, aka Robert C. Hays, GERALDINE E. HAYS, the Personal Representative of Geraldine E. Hays, The Heirs and Devisees of Geraldine E. Hays and All Unknown Persons Who Claim Any Interest in the Subject Matter of this Action.
Defendant.
Attorney for Plaintiff:
Name: Larry W. Holthus
Address: P.O. Box 1737
Pagosa Springs, Colorado 81147
Telephone No.: (970) 264-4196
Facsimile No.: (970) 264-4197
Atty. Reg. No.: 10535
Case Number: 08 CV017
SHERIFF’S COMBINED NOTICE OF SALE, RIGHT TO CURE AND RIGHT TO REDEEM
TO WHOM IT MAY CONCERN:
This is to advise you that the above-captioned action is pending. A Judgment and Decree for Judicial Foreclosure has been entered in this action concerning an assessment lien by the plaintiff Eagle’s Loft Property Owners Association, Inc. pursuant to the Colorado Common Interest Ownership Act, Colorado Revised Statutes, §3-33.3-316(2)(a), and the Plaintiff’s Property Owners Association Declaration for Eagle’s Loft Property Owners Association, Inc. of (said) Assessment Lien being recorded on December 288, 2008 at Reception No. 20711752, in the office of the Clerk and Recorders Office of Archuleta County, Colorado (the “Assessment Lien”).
The real property which is the subject matter of this litigation, which is the property subject to the Assessment Lien, is situation in Archuleta County, and is described as follows, to-wit:
Unit Number 09 Building Number 09, Unit Week Number 39, in “EAGLE’S LOFT – Phase Two, as Reception No. 122870 and in accordance with and as limited and defined by the Declaration of Individual and/or Interval Ownership, recorded under Reception Number 117700 in Book 200 at Page 834 et seq and amendments and supplements thereto in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.
The Plaintiff named above is the judgment creditor in this action and the lienor of the property pursuant to the Colorado Common Interest Ownership Act, Colorado revised Statutes, §33-33.3-316(2)(a), and the Plaintiff’s Property Owners Association Declaration for Eagles’ Loft Property Owners Association. As of August 21, 2008, the outstanding balance due and owing on such judgment is $8,278.55.
I shall offer for public sale to the highest bidder, for case, at public auction, all the right, title and interest of the defendants in said property on 12-16, 2008 at 10:00 a.m. at the Archuleta County Sheriff’s Office, 449 San Juan St., Pagosa Springs, CO 81147.
NOTE: THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.
Attached hereto are copies of certain Colorado statutes that my 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. You may wish to seek the advice of your own private attorney concerning your rights in relation to this foreclosure proceeding.
C.R.S. §38-38-103(4)(a)(II): A notice of intent to cure filed pursuant to section 38-38-104 shall be filed with the officer at least fifteen calendar days prior to the first scheduled sale date or any date to which the sale is continued;
C.R.S. §38-38-103(4)(a)(III): A notice of intent to redeem filed pursuant to section 38-38-302 shall be filed with the officer no later than eight business days after the sale;
INTENT to cure and redeem, as provided by the aforementioned laws, must be directed to or conducted at the Office of the Sheriff for the County of Archuleta, Front Office, 449 San Juan Street, Pagosa Springs, CO 81147.
Dated at Archuleta County, Colorado, this 28 day of Aug, 2008
/s/ Peter L. Gonzalez
Peter L. Gonzalez
Sheriff, Archuleta County, Colorado
Sale Date: Dec 16, 2008 at 10:00 a.m.
BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS TO COVER THEIR HIGHEST BID AT THE TIME OF THE SALE. CERTIFIED FUNDS ARE PAYABLE TO THE REGISTRY OF THE ARCHULETA COUNTY DISTRICT COURT.
Colorado Statutes attached: Colorado Revised Statutes §38-37-108, 38-38-103, 38-38-104,38-38-301,38-38-304,38-38-305, and 38-38-306.
Published September 4, 11, 18, 25 and October 2, 2008 in The Pagosa Springs SUN.
_______________________
NOTICE TO CREDITORS
Case No. _08-PR-23_
Estate of BONNIE C. BATES VAN WOERKOM, aka BONNIE BATES, formerly identified as BONNIE C. BATES VAN WOEKOM: All persons having claims against the above-named estate are required to present then to the undersigned or to the District Court of Archuleta County, Colorado on or before December 25, 2008 or said claim(s) shall be forever barred. Alan Bates Personal Representative, 520 N. Nevada, Kennewick, WA; 99336; (509) 375-8369
Published August 28, September 4 and 11, 2008 in The Pagosa Springs SUN.
_______________________
COMBINED NOTICE OF SALE AND NOTICE OF RIGHTS TO CURE OR REDEEM
Public Trustee No. 66-2008
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On 6-26-08, 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 TAMMY F HOLCOMB
Original Beneficiary NATIONAL CITY MORTGAGE A DIVISION OF NATIONAL CITY BANK
Current Beneficiary NATIONAL CITY BANK
Date of Deed of Trust 4/18/2007
Recording Date of Deed of Trust 4/23/2007
Recorded in Archuleta County Reception No. 20703407
Original Principal Amount $283,000.00
Outstanding Balance $281,917.12
Pursuant to C.R.S. §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 monthly installments due Note Holder.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
LOTS 12 AND 13, BLOCK 44, TOWN OF PAGOSA SPRINGS, ACCORDING TO THE PLAT THEREOF FILED AS PLAT NO. 25, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO
which has the address of: 266 S 8th Street Pagosa Springs, CO 81147
NOTICE OF SALE
The current owner of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will, at 10:00 a.m. in the forenoon of October 16, 2008, At the Archuleta County Public Trustee’s Office, at at the front door of the Treasurer’s office in, the Archuleta County Courthouse, 449 San Juan Street, Pagosa Springs, CO, 81147, sell at public auction to the highest and best bidder for cash, the said real property and all interest of 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 deliver to the purchaser a Certificate of Purchase, all as provided by law.
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 SAID STATUES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
• A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. 38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
• A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. 38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS FOLLOWING THE SALE.
Dated: 6-26-08
Archuleta COUNTY PUBLIC TRUSTEE
By: /s/ Vicky Rudock, Deputy
Attorney:
Law Office of Michael P. Medved, P.C. Attorney Registration No. 14669
355 Union Blvd., Suite 302, Lakewood, CO 80228
Phone: (303) 274-0155 Fax: (303) 274-0159
Attorney file # 08-920-09691
Published August 21, 28, September 4, 11 and 18, 2008 in The Pagosa Springs SUN.
_______________________
COMBINED NOTICE OF SALE AND RIGHT TO CURE OR REDEEM
To Whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 67-2008 was commenced on 6-26-08 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Douglas A Drane and Barbara E Drane Original Grantor(s)
Commercial Federal Mortgage Corp. Original Beneficiary
Wells Fargo Bank, N.A. Current Holder of Evidence of Debt
May 2, 2000 Date of Deed of Trust
Archuleta County of Recording
May 2, 2000 Recording Date of Deed of Trust:
At Reception No. 20004025 Recording Information Receipt No. and/or Book No. and Page No.
$57,000.00 Original Principal Balance
$51,542.58 Outstanding Principal Balance
Pursuant to C.R.S. § 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.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
Exhibit “A”
LOTS 6 AND 7, BLOCK 14, ASPEN SPRINGS SUBDIVISION NO. 1 AMENDED, ACCORDING TO THE RECORDED PLAT THEREOF FILED MARCH 22, 1971, AS RECEPTION NO 74229, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO
WHICH HAS THE ADDRESS OF 440 Petitt’s Circle Pagosa Springs, CO 81147
NOTICE OF SALE
The current Holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Herby Given that I will at public auction at 10:00 a.m. on October 16, 2008, at at the front door of the Archuleta County Public Trustee’s Office, 449 San Juan Street, Pagosa Springs, Colorado, 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 attorney’s fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
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 SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. 38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. 38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 6-26-08
Public Trustee of Archuleta County, State of Colorado
/s/ Vicky Rudock, Deputy
The name, address and telephone number of the attorneys representing the legal holder of the indebtedness is:
Caren Jacobs Castle #11790
Deanne R. Stodden #33214
Elizabeth S. Marcus #16092
Barbara A. Bader #10394
Jennifer C. Rogers #34682
Britney Beall-Eder #34935
P.C. Wolf #34797
Katharine E. Fisher #39230
Lauren R. Smith #39316
Jeremy D. Peck #36588
Castle Meinhold & Stawiarski, LLC, 999 18th Street, Suite 2201, Denver, CO 80202, (303) 865-1400
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.
Published August 21, 28, September 4, 11 and 18, 2008 in The Pagosa Springs SUN.
_______________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Elk Run Property Owners Association, Inc.
v.
Defendant(s):
(1) Norman F. Crabb
(2) Unknowns: All Unknown Spouses Of Any Party
Hereto, And All Other Persons Living Or Dead
Whose Names Are Unknown, Who Claim Any
Interest in The Subject Real Estate
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number _____
Div. _____
Summons
TO EACH DEFENDANT NAMED ABOVE:
A lawsuit has been started against you in the above entitled court by the above named Plaintiff or Plaintiffs. Plaintiff’s claims are stated in a written Complaint and Petition for Money Judgment for HOA Assessments and Foreclosure Thereof (Complaint), a copy of which is served upon you with this Summons, if service hereof is by a method of personal service. If service hereof is by publication, a copy of the Complaint is available from the Court Clerk and/or the Plaintiff’s attorney whose addresses and phone numbers are indicated above.
In order to defend against this lawsuit, you must respond to the Complaint by stating your defense(s) in writing and by filing same with the Clerk of the Court (by mail, if you wish) and mailing a copy to the Plaintiff’s attorney. Your written response must in certain instances state any related claim(s) which you may have against any other party hereto or you may be barred from making such claim(s) in any other lawsuit. If you do not respond in writing, a default judgment may be entered against you without notice. A default judgment is one where the Plaintiff may be entitled to what they ask for because you have not responded.
Your written response must be filed (by mail, if you wish) with the Clerk of the Court and mailed to Plaintiff’s attorney within thirty (30) days after the date you are personally served with this Summons by a method of personal service or within thirty (30) days of the last publication of this Summons, if it is published. If you wish to seek the advice of an attorney, you should do so promptly so that your written response, if any, may be served on time.
This lawsuit requests a money judgment, the foreclosure of a Homeowners Assessment Lien against and quieting title to the following Real Estate and all improvements thereto:
Real Estate:
Common Description: Unit Week Number 1, Unit Number 7106, Building Number 2, Elk Run Townhouses, Archuleta County, Colorado.
Legal Description: Unit Week Number 1, Unit Number 7106, Building Number 2 in “ELK RUN TOWNHOUSES”, according to and as located on the recorded Map recorded thereof filed for record June 26, 1986 as Reception No. 140480, and in accordance with and as limited and defined by the Declaration of Protective Covenants and Interval Ownership recorded June 26, 1986 as Reception No. 140481, First Amendment thereto recorded August 13, 1986 under Reception No. 141512 and Second Amendment recorded December 1, 1987 as Reception No. 151976, Archuleta County, Colorado.
In this lawsuit, the Plaintiff alleges that the following Defendants have personal liability on the subject Mortgage or Deed of Trust and Note and the requested money judgment: Norman F. Crabb.
Dated: July 23, 2008.
Kleinsmith & Associates, P.C.
Attorney for Plaintiff
By /s/ Philip M. Kleinsmith
Philip M. Kleinsmith, #1063 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
REASONABLE ACCOMMODATIONS WILL BE PROVIDED IN ACCORD WITH THE AMERICANS WITH DISABILITIES ACT.
Published August 21, 28, September 4, 11 and 18, 2008 in The Pagosa Springs SUN.
_______________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Masters Place Condominiums Property Owners Association, Inc.
v.
Defendant(s):
(1) Bill L. Harmon
(2) Vickie S. Harmon
(3) Unknowns: All Unknown Spouses Of Any Party
Hereto, And All Other Persons Living Or Dead
Whose Names Are Unknown, Who Claim Any
Interest in The Subject Real Estate
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number _____
Div. _____
Summons
TO EACH DEFENDANT NAMED ABOVE:
A lawsuit has been started against you in the above entitled court by the above named Plaintiff or Plaintiffs. Plaintiff’s claims are stated in a written Complaint and Petition for Money Judgment for HOA Assessments and Foreclosure Thereof (Complaint), a copy of which is served upon you with this Summons, if service hereof is by a method of personal service. If service hereof is by publication, a copy of the Complaint is available from the Court Clerk and/or the Plaintiff’s attorney whose addresses and phone numbers are indicated above.
In order to defend against this lawsuit, you must respond to the Complaint by stating your defense(s) in writing and by filing same with the Clerk of the Court (by mail, if you wish) and mailing a copy to the Plaintiff’s attorney. Your written response must in certain instances state any related claim(s) which you may have against any other party hereto or you may be barred from making such claim(s) in any other lawsuit. If you do not respond in writing, a default judgment may be entered against you without notice. A default judgment is one where the Plaintiff may be entitled to what they ask for because you have not responded.
Your written response must be filed (by mail, if you wish) with the Clerk of the Court and mailed to Plaintiff’s attorney within thirty (30) days after the date you are personally served with this Summons by a method of personal service or within thirty (30) days of the last publication of this Summons, if it is published. If you wish to seek the advice of an attorney, you should do so promptly so that your written response, if any, may be served on time.
This lawsuit requests a money judgment, the foreclosure of a Homeowners Assessment Lien against and quieting title to the following Real Estate and all improvements thereto:
Real Estate:
Common Description: Unit Week Number 46, Condominium Unit Number 7302, Building Number 1 of Masters Place Condominiums Phase II, Archuleta County, Colorado.
Legal Description: Unit Week Numbers 46 Condominium Unit Number 7302, Building Number 1 of Masters Place Condominiums Phase II, according to the Condominium Map recorded under Reception Number 177633, and the Declaration for Masters Place Condominiums recorded under Reception Number 0161911, and amendments and supplements thereto in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.
In this lawsuit, the Plaintiff alleges that the following Defendants have personal liability on the subject Mortgage or Deed of Trust and Note and the requested money judgment: Bill L. Harmon and Vickie S. Harmon.
Dated: April 22, 2008.
Kleinsmith & Associates, P.C.
Attorney for Plaintiff
By /s/ Philip M. Kleinsmith
Philip M. Kleinsmith, #1063 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
REASONABLE ACCOMMODATIONS WILL BE PROVIDED IN ACCORD WITH THE AMERICANS WITH DISABILITIES ACT.
Published August 21, 28, September 4, 11 and 18, 2008 in The Pagosa Springs SUN.
_______________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Village Pointe Property Owners Association, Inc.
v.
Defendant(s):
(1) Donn Draper
(2) Deborah Grant
(3) Unknowns: All Unknown Spouses Of Any Party
Hereto, And All Other Persons Living Or Dead
Whose Names Are Unknown, Who Claim Any
Interest in The Subject Real Estate
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number _____
Div. _____
Summons
TO EACH DEFENDANT NAMED ABOVE:
A lawsuit has been started against you in the above entitled court by the above named Plaintiff or Plaintiffs. Plaintiff’s claims are stated in a written Complaint and Petition for Money Judgment for HOA Assessments and Foreclosure Thereof (Complaint), a copy of which is served upon you with this Summons, if service hereof is by a method of personal service. If service hereof is by publication, a copy of the Complaint is available from the Court Clerk and/or the Plaintiff’s attorney whose addresses and phone numbers are indicated above.
In order to defend against this lawsuit, you must respond to the Complaint by stating your defense(s) in writing and by filing same with the Clerk of the Court (by mail, if you wish) and mailing a copy to the Plaintiff’s attorney. Your written response must in certain instances state any related claim(s) which you may have against any other party hereto or you may be barred from making such claim(s) in any other lawsuit. If you do not respond in writing, a default judgment may be entered against you without notice. A default judgment is one where the Plaintiff may be entitled to what they ask for because you have not responded.
Your written response must be filed (by mail, if you wish) with the Clerk of the Court and mailed to Plaintiff’s attorney within thirty (30) days after the date you are personally served with this Summons by a method of personal service or within thirty (30) days of the last publication of this Summons, if it is published. If you wish to seek the advice of an attorney, you should do so promptly so that your written response, if any, may be served on time.
This lawsuit requests a money judgment, the foreclosure of a Homeowners Assessment Lien against and quieting title to the following Real Estate and all improvements thereto:
Real Estate:
Common Description: Unit Week Number 38, Condominium Unit Number 7512, Building Number 3, in Phase II of Village Pointe Condominiums, Archuleta County, Colorado.
Legal Description: Unit Week Number 38, Condominium Unit Number 7512, Building Number 3, in Phase II of Village Pointe Condominiums, according to and as located on the recorded Map recorded under Reception No. 171189 and the Declaration of Condominium and Interval Ownership of Village Pointe Condominiums recorded under Reception No. 160495, and amendments and supplements thereto, in the Office of the County Clerk, Archuleta County, Colorado.
In this lawsuit, the Plaintiff alleges that the following Defendants have personal liability on the subject Mortgage or Deed of Trust and Note and the requested money judgment: Donn Draper and Deborah Grant.
Dated: July 23, 2008.
Kleinsmith & Associates, P.C.
Attorney for Plaintiff
By /s/ Philip M. Kleinsmith
Philip M. Kleinsmith, #1063 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
REASONABLE ACCOMMODATIONS WILL BE PROVIDED IN ACCORD WITH THE AMERICANS WITH DISABILITIES ACT.
Published August 21, 28, September 4, 11 and 18, 2008 in The Pagosa Springs SUN.
_______________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Village Pointe Property Owners Association, Inc.
v.
Defendant(s):
(1) Jean G. Edwards
(2) Unknowns: All Unknown Spouses Of Any Party
Hereto, And All Other Persons Living Or Dead
Whose Names Are Unknown, Who Claim Any
Interest in The Subject Real Estate
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number _____
Div. _____
Summons
TO EACH DEFENDANT NAMED ABOVE:
A lawsuit has been started against you in the above entitled court by the above named Plaintiff or Plaintiffs. Plaintiff’s claims are stated in a written Complaint and Petition for Money Judgment for HOA Assessments and Foreclosure Thereof (Complaint), a copy of which is served upon you with this Summons, if service hereof is by a method of personal service. If service hereof is by publication, a copy of the Complaint is available from the Court Clerk and/or the Plaintiff’s attorney whose addresses and phone numbers are indicated above.
In order to defend against this lawsuit, you must respond to the Complaint by stating your defense(s) in writing and by filing same with the Clerk of the Court (by mail, if you wish) and mailing a copy to the Plaintiff’s attorney. Your written response must in certain instances state any related claim(s) which you may have against any other party hereto or you may be barred from making such claim(s) in any other lawsuit. If you do not respond in writing, a default judgment may be entered against you without notice. A default judgment is one where the Plaintiff may be entitled to what they ask for because you have not responded.
Your written response must be filed (by mail, if you wish) with the Clerk of the Court and mailed to Plaintiff’s attorney within thirty (30) days after the date you are personally served with this Summons by a method of personal service or within thirty (30) days of the last publication of this Summons, if it is published. If you wish to seek the advice of an attorney, you should do so promptly so that your written response, if any, may be served on time.
This lawsuit requests a money judgment, the foreclosure of a Homeowners Assessment Lien against and quieting title to the following Real Estate and all improvements thereto:
Real Estate:
Common Description: Unit Week Number 14, Condominium Unit Number 7526, Building Number 6, in Phase III of Village Pointe Condominiums, Archuleta County, Colorado.
Legal Description: Unit Week Number 14, Condominium Unit Number 7526, Building Number 6, in Phase III of Village Pointe Condominiums, according to and as located on the recorded Map recorded under Reception No. 176324 and the Declaration of Condominium and Interval Ownership of Village Pointe Condominiums recorded under Reception No. 160495, and amendments and supplements thereto, in the Office of the County Clerk, Archuleta County, Colorado.
In this lawsuit, the Plaintiff alleges that the following Defendants have personal liability on the subject Mortgage or Deed of Trust and Note and the requested money judgment: Jean G. Edwards.
Dated: July 29, 2008.
Kleinsmith & Associates, P.C.
Attorney for Plaintiff
By /s/ Philip M. Kleinsmith
Philip M. Kleinsmith, #1063 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
REASONABLE ACCOMMODATIONS WILL BE PROVIDED IN ACCORD WITH THE AMERICANS WITH DISABILITIES ACT.
Published August 21, 28, September 4, 11 and 18, 2008 in The Pagosa Springs SUN.
_______________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Village Pointe Property Owners Association, Inc.
v.
Defendant(s):
(1) Lucy E. Hill
(2) Unknowns: All Unknown Spouses Of Any Party
Hereto, And All Other Persons Living Or Dead
Whose Names Are Unknown, Who Claim Any
Interest in The Subject Real Estate
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number _____
Div. _____
Summons
TO EACH DEFENDANT NAMED ABOVE:
A lawsuit has been started against you in the above entitled court by the above named Plaintiff or Plaintiffs. Plaintiff’s claims are stated in a written Complaint and Petition for Money Judgment for HOA Assessments and Foreclosure Thereof (Complaint), a copy of which is served upon you with this Summons, if service hereof is by a method of personal service. If service hereof is by publication, a copy of the Complaint is available from the Court Clerk and/or the Plaintiff’s attorney whose addresses and phone numbers are indicated above.
In order to defend against this lawsuit, you must respond to the Complaint by stating your defense(s) in writing and by filing same with the Clerk of the Court (by mail, if you wish) and mailing a copy to the Plaintiff’s attorney. Your written response must in certain instances state any related claim(s) which you may have against any other party hereto or you may be barred from making such claim(s) in any other lawsuit. If you do not respond in writing, a default judgment may be entered against you without notice. A default judgment is one where the Plaintiff may be entitled to what they ask for because you have not responded.
Your written response must be filed (by mail, if you wish) with the Clerk of the Court and mailed to Plaintiff’s attorney within thirty (30) days after the date you are personally served with this Summons by a method of personal service or within thirty (30) days of the last publication of this Summons, if it is published. If you wish to seek the advice of an attorney, you should do so promptly so that your written response, if any, may be served on time.
This lawsuit requests a money judgment, the foreclosure of a Homeowners Assessment Lien against and quieting title to the following Real Estate and all improvements thereto:
Real Estate:
Common Description: Unit Week Number 10, Condominium Unit Number 7512, Building Number 3D, in Phase II of Village Pointe Condominiums, Archuleta County, Colorado.
Legal Description: Unit Week Number 10, Condominium Unit Number 7512, Building Number 3D, in Phase II of Village Pointe Condominiums, according to and as located on the recorded Map recorded under Reception No. 171189 and the Declaration of Condominium and Interval Ownership of Village Pointe Condominiums recorded under Reception No. 160495, and amendments and supplements thereto, in the Office of the County Clerk, Archuleta County, Colorado.
In this lawsuit, the Plaintiff alleges that the following Defendants have personal liability on the subject Mortgage or Deed of Trust and Note and the requested money judgment: Lucy E. Hill.
Dated: August 6, 2008.
Kleinsmith & Associates, P.C.
Attorney for Plaintiff
By /s/ Philip M. Kleinsmith
Philip M. Kleinsmith, #1063 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
REASONABLE ACCOMMODATIONS WILL BE PROVIDED IN ACCORD WITH THE AMERICANS WITH DISABILITIES ACT.
Published August 21, 28, September 4, 11 and 18, 2008 in The Pagosa Springs SUN.
_______________________
District Court, Archuleta County, State of Colorado
Court Address: PO Box 148, 449 San Juan St.
Pagosa Springs, CO 81147
EAGLE’S LOFT PROPERTY OWNERS ASSOCIATION, INC.
Plaintiffs,
vs.
WANDA L. WEST, THE PERSONAL REPRESENTATIVE OF THE ESTATE OF WANDA L. WEST, THE HEIRS AND DEVISEES OF THE ESTATE OF WANDA L. WEST and All Unknown Persons Who Claim Any Interests In The Subject Matter Of This Action
Defendants
Attorney for Plaintiffs:
Larry W. Holthus
PO Box 1737
Pagosa Springs, CO 81147
Phone Number: (970) 264-4196
FAX Number: (970) 264-4197
Atty. Reg. #: 10535
Case Number: 08 CV 150
SUMMONS BY PUBLICATION
THE PEOPLE OF THE STATE OF COLORADO TO THE ABOVE NAMED DEFENDANTS:
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 thirty (30) days after the date 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 thirty (30) 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 action to quiet title to:
Unit Number 37 Building Number 37, Unit Week Number 43, in “EAGLE’S LOFT – Phase Three, as Reception No. 130203 and in accordance with and as limited and defined by the Declaration of Individual and/or Interval Ownership, recorded under Reception Number 117700 in Book 200 at Page 834 et seq and amendments and supplements thereto in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.
Dated this 12 day of August, 2008.
/s/ Larry W. Holthus
Published August 21, 28, September 4, 11 and 18, 2008 in The Pagosa Springs SUN.
_______________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Village Pointe Property Owners Association, Inc.
v.
Defendant(s):
(1) Paul A. Johnson
(2) Betty J. Johnson
(3) Unknowns: All Unknown Spouses Of Any Party
Hereto, And All Other Persons Living Or Dead
Whose Names Are Unknown, Who Claim Any
Interest in The Subject Real Estate
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number _____
Div. _____
Summons
TO EACH DEFENDANT NAMED ABOVE:
A lawsuit has been started against you in the above entitled court by the above named Plaintiff or Plaintiffs. Plaintiff’s claims are stated in a written Complaint and Petition for Money Judgment for HOA Assessments and Foreclosure Thereof (Complaint), a copy of which is served upon you with this Summons, if service hereof is by a method of personal service. If service hereof is by publication, a copy of the Complaint is available from the Court Clerk and/or the Plaintiff’s attorney whose addresses and phone numbers are indicated above.
In order to defend against this lawsuit, you must respond to the Complaint by stating your defense(s) in writing and by filing same with the Clerk of the Court (by mail, if you wish) and mailing a copy to the Plaintiff’s attorney. Your written response must in certain instances state any related claim(s) which you may have against any other party hereto or you may be barred from making such claim(s) in any other lawsuit. If you do not respond in writing, a default judgment may be entered against you without notice. A default judgment is one where the Plaintiff may be entitled to what they ask for because you have not responded.
Your written response must be filed (by mail, if you wish) with the Clerk of the Court and mailed to Plaintiff’s attorney within thirty (30) days after the date you are personally served with this Summons by a method of personal service or within thirty (30) days of the last publication of this Summons, if it is published. If you wish to seek the advice of an attorney, you should do so promptly so that your written response, if any, may be served on time.
This lawsuit requests a money judgment, the foreclosure of a Homeowners Assessment Lien against and quieting title to the following Real Estate and all improvements thereto:
Real Estate:
Common Description: Unit Week Number 29, Condominium Unit Number 7522, Building Number 5, in Phase III of Village Pointe Condominiums, Archuleta County, Colorado.
Legal Description: Unit Week Number 29, Condominium Unit Number 7522, Building Number 5, in Phase III of Village Pointe Condominiums, according to and as located on the recorded Map recorded under Reception No. 176324 and the Declaration of Condominium and Interval Ownership of Village Pointe Condominiums recorded under Reception No. 160495, and amendments and supplements thereto, in the Office of the County Clerk, Archuleta County, Colorado.
In this lawsuit, the Plaintiff alleges that the following Defendants have personal liability on the subject Mortgage or Deed of Trust and Note and the requested money judgment: Paul A. Johnson and Betty J. Johnson.
Dated: July 24, 2008.
Kleinsmith & Associates, P.C.
Attorney for Plaintiff
By /s/ Philip M. Kleinsmith
Philip M. Kleinsmith, #1063 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
REASONABLE ACCOMMODATIONS WILL BE PROVIDED IN ACCORD WITH THE AMERICANS WITH DISABILITIES ACT.
Published August 21, 28, September 4, 11 and 18, 2008 in The Pagosa Springs SUN.
_______________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Village Pointe Property Owners Association, Inc.
v.
Defendant(s):
(1) E.C. Pecinosky
(2) Unknowns: All Unknown Spouses Of Any Party
Hereto, And All Other Persons Living Or Dead
Whose Names Are Unknown, Who Claim Any
Interest in The Subject Real Estate
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number _____
Div. _____
Summons
TO EACH DEFENDANT NAMED ABOVE:
A lawsuit has been started against you in the above entitled court by the above named Plaintiff or Plaintiffs. Plaintiff’s claims are stated in a written Complaint and Petition for Money Judgment for HOA Assessments and Foreclosure Thereof (Complaint), a copy of which is served upon you with this Summons, if service hereof is by a method of personal service. If service hereof is by publication, a copy of the Complaint is available from the Court Clerk and/or the Plaintiff’s attorney whose addresses and phone numbers are indicated above.
In order to defend against this lawsuit, you must respond to the Complaint by stating your defense(s) in writing and by filing same with the Clerk of the Court (by mail, if you wish) and mailing a copy to the Plaintiff’s attorney. Your written response must in certain instances state any related claim(s) which you may have against any other party hereto or you may be barred from making such claim(s) in any other lawsuit. If you do not respond in writing, a default judgment may be entered against you without notice. A default judgment is one where the Plaintiff may be entitled to what they ask for because you have not responded.
Your written response must be filed (by mail, if you wish) with the Clerk of the Court and mailed to Plaintiff’s attorney within thirty (30) days after the date you are personally served with this Summons by a method of personal service or within thirty (30) days of the last publication of this Summons, if it is published. If you wish to seek the advice of an attorney, you should do so promptly so that your written response, if any, may be served on time.
This lawsuit requests a money judgment, the foreclosure of a Homeowners Assessment Lien against and quieting title to the following Real Estate and all improvements thereto:
Real Estate:
Common Description: Unit Week Number 50, Condominium Unit Number 7522, Building Number 5, in Phase III of Village Pointe Condominiums, Archuleta County, Colorado.
Legal Description: Unit Week Number 50, Condominium Unit Number 7522, Building Number 5, in Phase III of Village Pointe Condominiums, according to and as located on the recorded Map recorded under Reception No. 176324 and the Declaration of Condominium and Interval Ownership of Village Pointe Condominiums recorded under Reception No. 160495, and amendments and supplements thereto, in the Office of the County Clerk, Archuleta County, Colorado.
In this lawsuit, the Plaintiff alleges that the following Defendants have personal liability on the subject Mortgage or Deed of Trust and Note and the requested money judgment: E.C. Pecinosky.
Dated: July 29, 2008.
Kleinsmith & Associates, P.C.
Attorney for Plaintiff
By /s/ Philip M. Kleinsmith
Philip M. Kleinsmith, #1063 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
REASONABLE ACCOMMODATIONS WILL BE PROVIDED IN ACCORD WITH THE AMERICANS WITH DISABILITIES ACT.
Published August 21, 28, September 4, 11 and 18, 2008 in The Pagosa Springs SUN.
_______________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Village Pointe Property Owners Association, Inc.
v.
Defendant(s):
(1) Steven L. Pendleton
(2) Janet K. Pendleton
(3) Unknowns: All Unknown Spouses Of Any Party
Hereto, And All Other Persons Living Or Dead
Whose Names Are Unknown, Who Claim Any
Interest in The Subject Real Estate
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number 2008CV222
Div. _____
Summons
TO EACH DEFENDANT NAMED ABOVE:
A lawsuit has been started against you in the above entitled court by the above named Plaintiff or Plaintiffs. Plaintiff’s claims are stated in a written Complaint and Petition for Money Judgment for HOA Assessments and Foreclosure Thereof (Complaint), a copy of which is served upon you with this Summons, if service hereof is by a method of personal service. If service hereof is by publication, a copy of the Complaint is available from the Court Clerk and/or the Plaintiff’s attorney whose addresses and phone numbers are indicated above.
In order to defend against this lawsuit, you must respond to the Complaint by stating your defense(s) in writing and by filing same with the Clerk of the Court (by mail, if you wish) and mailing a copy to the Plaintiff’s attorney. Your written response must in certain instances state any related claim(s) which you may have against any other party hereto or you may be barred from making such claim(s) in any other lawsuit. If you do not respond in writing, a default judgment may be entered against you without notice. A default judgment is one where the Plaintiff may be entitled to what they ask for because you have not responded.
Your written response must be filed (by mail, if you wish) with the Clerk of the Court and mailed to Plaintiff’s attorney within thirty (30) days after the date you are personally served with this Summons by a method of personal service or within thirty (30) days of the last publication of this Summons, if it is published. If you wish to seek the advice of an attorney, you should do so promptly so that your written response, if any, may be served on time.
This lawsuit requests a money judgment, the foreclosure of a Homeowners Assessment Lien against and quieting title to the following Real Estate and all improvements thereto:
Real Estate:
Common Description: Unit Week Number 30, Condominium Unit Number 7527, Building Number 6, in Phase III of Village Pointe Condominiums, Archuleta County, Colorado.
Legal Description: Unit Week Number 30, Condominium Unit Number 7527, Building Number 6, in Phase III of Village Pointe Condominiums, according to and as located on the recorded Map recorded under Reception No. 176324 and the Declaration of Condominium and Interval Ownership of Village Pointe Condominiums recorded under Reception No. 160495, and amendments and supplements thereto, in the Office of the County Clerk, Archuleta County, Colorado.
In this lawsuit, the Plaintiff alleges that the following Defendants have personal liability on the subject Mortgage or Deed of Trust and Note and the requested money judgment: Steven L. Pendleton and Janet K. Pendleton.
Dated: July 24, 2008.
Kleinsmith & Associates, P.C.
Attorney for Plaintiff
By /s/ Philip M. Kleinsmith
Philip M. Kleinsmith, #1063 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
REASONABLE ACCOMMODATIONS WILL BE PROVIDED IN ACCORD WITH THE AMERICANS WITH DISABILITIES ACT.
Published August 21, 28, September 4, 11 and 18, 2008 in The Pagosa Springs SUN.
_______________________
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Village Pointe Property Owners Association, Inc.
v.
Defendant(s):
(1) W.J. Wilkinson
(2) Darlene E. Wilkinson
(3) Unknowns: All Unknown Spouses Of Any Party
Hereto, And All Other Persons Living Or Dead
Whose Names Are Unknown, Who Claim Any
Interest in The Subject Real Estate
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number _____
Div. _____
Summons
TO EACH DEFENDANT NAMED ABOVE:
A lawsuit has been started against you in the above entitled court by the above named Plaintiff or Plaintiffs. Plaintiff’s claims are stated in a written Complaint and Petition for Money Judgment for HOA Assessments and Foreclosure Thereof (Complaint), a copy of which is served upon you with this Summons, if service hereof is by a method of personal service. If service hereof is by publication, a copy of the Complaint is available from the Court Clerk and/or the Plaintiff’s attorney whose addresses and phone numbers are indicated above.
In order to defend against this lawsuit, you must respond to the Complaint by stating your defense(s) in writing and by filing same with the Clerk of the Court (by mail, if you wish) and mailing a copy to the Plaintiff’s attorney. Your written response must in certain instances state any related claim(s) which you may have against any other party hereto or you may be barred from making such claim(s) in any other lawsuit. If you do not respond in writing, a default judgment may be entered against you without notice. A default judgment is one where the Plaintiff may be entitled to what they ask for because you have not responded.
Your written response must be filed (by mail, if you wish) with the Clerk of the Court and mailed to Plaintiff’s attorney within thirty (30) days after the date you are personally served with this Summons by a method of personal service or within thirty (30) days of the last publication of this Summons, if it is published. If you wish to seek the advice of an attorney, you should do so promptly so that your written response, if any, may be served on time.
This lawsuit requests a money judgment, the foreclosure of a Homeowners Assessment Lien against and quieting title to the following Real Estate and all improvements thereto:
Real Estate:
Common Description: Unit Week Number 1, Condominium Unit Number 7526, Building Number 6, in Phase III of Village Pointe Condominiums, Archuleta County, Colorado.
Legal Description: Unit Week Number 1, Condominium Unit Number 7526, Building Number 6, in Phase III of Village Pointe Condominiums, according to and as located on the recorded Map recorded under Reception No. 176324 and the Declaration of Condominium and Interval Ownership of Village Pointe Condominiums recorded under Reception No. 160495, and amendments and supplements thereto, in the Office of the County Clerk, Archuleta County, Colorado.
In this lawsuit, the Plaintiff alleges that the following Defendants have personal liability on the subject Mortgage or Deed of Trust and Note and the requested money judgment: W.J. Wilkinson and Darlene E. Wilkinson.
Dated: July 29, 2008.
Kleinsmith & Associates, P.C.
Attorney for Plaintiff
By /s/ Philip M. Kleinsmith
Philip M. Kleinsmith, #1063 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
REASONABLE ACCOMMODATIONS WILL BE PROVIDED IN ACCORD WITH THE AMERICANS WITH DISABILITIES ACT.
Published August 21, 28, September 4, 11 and 18, 2008 in The Pagosa Springs SUN.
_______________________
COMBINED NOTICE ARCHULETA COUNTY
PUBLIC TRUSTEE
SALE NO. 65-2008
This Notice concerns the Deed of Trust (“Trust Deed”) described as follows:
Grantor: Cindi E Van Andel
Original Beneficiary: Mortgage Electronic Registration Systems, Inc., acting solely as nominee for The Mortgage Company
Current Owner of the Evidence of Debt: Thornburg Mortgage Home Loans Inc
Date of Deed of Trust: May 04, 2006
Recording Date of Deed of Trust: May 10, 2006
Original Principal Amount of Evidence of Debt: $264,000.00
Outstanding Principal Amount of Evidence of Debt as of the date hereof: $264,000.00
County of Recording: Archuleta
Book and Page No. or Reception No. of Recorded Deed of Trust: as Reception No. 20604214
Legal Description of Real Property: LOT 569, TWINCREEK VILLAGE, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 5, 1973 AS RECEPTION NO. 78739, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO. Also known as: 276 Captain Circle, Pagosa Springs, CO 81147
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
THE LIEN OF THE DEED OF TRUST TO BE FORECLOSED MAY NOT BE A FIRST LIEN.
YOU ARE NOTIFIED AS FOLLOWS:
The Holder of the debt secured by the Deed of Trust declares a violation of the covenants of said Deed of Trust for reasons including, but not limited to, the failure to make payments as provided for in the Deed of Trust and Negotiable Instrument.
The Holder of the Debt secured by the Deed of Trust has filed a written Notice of Election and Demand for sale with the undersigned Public Trustee under the terms of the Deed of Trust.
A notice of Intent to Cure filed pursuant to Colorado Revised Statutes 38-38-104 shall be filed with the undersigned at least 15 calendar days prior to the first schedule sale date or any date to which the sale is continued.
A notice of Intent to Redeem pursuant to Colorado Revised Statutes 38-38-302 shall be filed with the undersigned no later than 8 business days after the sale.
The name, address and telephone number of each attorney (if any) representing the Holder of the Debt is as follows:
Robert J. Aronowitz, Esq.Reg. No. 5673
Joel T. Mecklenburg, Esq. Reg. No. 36291
Stacey L. Aronowitz, Esq. Reg. No. 36290
Joan Olson, Esq. Reg. No. 28078
Marcy L. McDermott, Esq. Reg. o 38030
Aronowitz & Ford, LLP
1199 Bannock Street
Denver, Colorado 80204
(303) 813-1177
NOTICE OF SALE
The undersigned will on October 9, 2008, at 10:00 a.m., at 449 San Juan St., Archuleta County Courthouse, Pagosa Springs, CO 81147, sell the Property at public auction to the highest bidder who has submitted bid funds to the undersigned as specified by C.R.S. 38-38-1-6(7) to pay the Debt and certain other sums, all as provided by applicable law and the Deed of Trust.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE.
DATED: June 16, 2008
/s/ Kelly Evans
Public Trustee of Archuleta County, Colorado
Kelly Evans
Public Trustee of Archuleta County
By: /s/ Vicky Rudock
Deputy Public Trustee
Published August 14, 21, 28, September 4 and 11, 2008 in The Pagosa Springs SUN.
______________________
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