Court Address: 449 San Juan Street, P.O. Box 148
EAGLE’S LOFT PROPERTY OWNERS ASSOCIATION, INC.
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.
Name: Larry W. Holthus
Address: P.O. Box 1737
Atty. Reg. No.: 10535
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 28, 2007 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, according to and as located on the recorded Map thereof filed for record April 10, 1984 as Reception No. 122870 and in accordance with and as limited and defined by the Declaration of Individual and/or Interval Ownership for Eagles Loft – Phase Two, Archuleta County, Colorado, 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.
Unit Number 09 Building Number 09, Unit Week Number 38, in “EAGLE’S LOFT – Phase Two, according to and as located on the recorded Map thereof filed for record April 10, 1984 as Reception No. 122870 and in accordance with and as limited and defined by the Declaration of Individual and/or Interval Ownership for Eagles Loft – Phase Two, Archuleta County, Colorado, 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 January 1, 2009, the outstanding balance due and owing on such judgment is $15,338.19.
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 May 20, 2009 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 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.
/s/ Peter L. Gonzalez
Sale Date: May 20th, 2009 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.
Published February 12, 19, 26, March 5 and 12, 2009 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) Mary P. McCann
(2) Lewis R. McCann
(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 2008CV46
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 37, Condominium Unit Number 7512, Building Number 3, in Phase II of Village Pointe Condominiums, Archuleta County, Colorado
Legal Description: Unit Week Number 37, 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: Mary P. McCann and Lewis R. McCann.
Dated: March 3, 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 February 12, 19, 26, March 5 and 12, 2009 in The Pagosa Springs SUN.
_________________________________________
Archuleta County, Colorado
Advertisement for Bid
Supply and Application of Magnesium Chloride
To Various Roads
Notice is hereby given that Archuleta County will accept sealed bids for the supply and application of magnesium chloride to various County Roads for 2009.
THREE SETS (ONE ORIGINAL AND TWO COMPLETE COPIES OF THE SEALED BID), clearly marked with “2009 Supply and Application of Magnesium Chloride,” and the name, address and phone number of the bidder, will be received by the administrative staff of the Board of County Commissioners, Archuleta County Courthouse, 449 San Juan St., P.O. Box 1507, Pagosa Springs, CO 81147 (970) 264-2536, until 2:00 p.m., Friday February 27, 2009. As soon as practical after the closing time, the bids shall be opened in public and read aloud. Bids received after the closing time shall be returned unopened to the bidder.
Bid specifications are available from the Archuleta County Road & Bridge Department, 1122 S. Hwy. 84, P.O. Box 1507, Pagosa Springs, CO 81147 (970) 264-5660. Please refer all questions regarding this bid to David Guilliams.
The bid shall be awarded by the Board of County Commissioners. It is the Bidders’ responsibility to verify the exact date of the award. Bidders may, but shall not be required to, attend the award of bid. A bid tab shall be forwarded to all Bidders as soon as practicable thereafter.
The Archuleta County Board of County Commissioners reserves the right to reject any and all bids, to waive any informalities and minor irregularities in bids, and to accept the bid deemed, in the opinion of the Board, to be in the best interest of Archuleta County.
Published February 12, 19 and 26, 2009 in The Pagosa Springs SUN.
_________________________________________
ALL PURPOSE STORAGE
(also known as Colorado Storage)
PO BOX 2857
PAGOSA SPRINGS, CO 81147
970-264-5959
NOTICE OF SALE
COLORADO- ALL PURPOSE STORAGE WILL SELL OR DISPOSE OF THE CONTENTS OF THE FOLLOWING UNITS #C95, IN ORDER TO PAY OFF PAST DUE RENTS AND LATE CHARGES.
DATE OF SALE:
TENANT: DANIELLE FURTADO
CONTENTS: FURNITURE, CLOTHES, GAMES, PERSONAL ITEMS, ELECTRONICS.
Published February 12 and 19, in The Pagosa Springs SUN.
_________________________________________
ADVERTISEMENT INVITATION TO BID
Sealed bids will be received by the Pagosa Area Water and Sanitation District, 100 Lyn Avenue, P.O. Drawer 4610, Pagosa Springs, Colorado 81147, until 2:00 p.m. on February 26, 2009. Bids received after this time will not be accepted and will be returned unopened.
At 2:00 p.m. on February 26, 2009, the bid opening shall be held at the Pagosa Area Water and Sanitation District Office, Conference Room at 100 Lyn Avenue, Pagosa Springs, Colorado. A, all Bids that have been duly received will be opened publicly and read aloud. All interested parties are invited to attend. The Owner reserves the right to reject any or all Bids and to waive irregularities or informalities in any bidtherein, and all Bidders shall agree that such rejection shall be without liability on the part of the Owner for any damage or claim brought by any Bidder because of such rejections, nor shall the Bidders seek any recourse of any kind against the Owner because of such rejections. The filing of any Bid in response to this invitation shall constitute an agreement of the Bidder to these conditions.
The work to be performed generally includes the following components:
This Procurement Specification will consist of fabrication, supply, shipment, installation inspection, startup and performance testing of a Microfiltration System including the raw water feed pumps, strainers, influent, effluent, backwash, and chemical cleaning piping with required valves; chemical clean-in-place and neutralization chemical feed systems; instrumentation and controls; appurtenant accessories; and manufacturer’s services. The Supplier shall supply and deliver to the Hatcher Water Treatment Plant 504A Hatcher Circle, Pagosa Springs, Colorado all equipment, appurtenances, and associated materials required for a completely functioning system, and as shown on the Contract Drawings and referenced in the Technical Specifications.
Bids shall be submitted on a lump sum bid schedule with additive alternates. The Award may be on the basis of the base bid or of the alternates bid. No independent subcontractor Bids will be accepted. Bidders shall be qualified to do business and licensed in accordance with all applicable laws of the state and local governments where the Project is located.
Copies of the Contact Documents, Drawings, and Project Specifications for use in preparing Bids may be obtained from the Briliam Engineering, (970) 731-9338, 301 N. Pagosa Blvd, Suite B-16, Pagosa Springs, Colorado, 81147. The cost per set of copies is $75.00, payable to Briliam Engineering at the time of pick up acquisition. All payments made for Drawings, Specifications, and other Contract Documents are nonrefundable. Questions and requests for additional information should be directed to Gregg Mayo, Project Manager, at (970) 731-2691, extension 141.
Copies of the Drawings and Project Specifications are also on file and may be examined at the Engineer’s address during normal working hours after February 12, 2009.
Each Bidder shall file with his Bid a cashier’s check, or a Bid Bond, in accordance with the Instructions to Bidders.
The Bidder to whom a Contract is awarded will be required to furnish a Performance, Payment and Warranty Bond guaranteeing faithful performance.
No Bids may be withdrawn within a period of sixty (60) days after the date Bids are opened.
Owner: Pagosa Area Water and Sanitation District
By: /s/Carrie S. Weiss
Manager
Published February 12, 2009 in The Pagosa Springs SUN.
_________________________________________
The second reading of Ordinance No. 732 was completed at the Regular Pagosa Springs Town Council Meeting held on February 3, 2009 at 5:00 p.m. in the Council Chambers at the Town Hall. ORDINANCE NO. 732, AN ORDINANCE OF THE TOWN OF PAGOSA SPRINGS REPEALING AND RE-ADOPTING SECTION 16.4.12 OF THE TOWN OF PAGOSA SPRINGS MUNICIPAL CODE, REGARDING THE TOWN TOURISM COMMITTEE. The Ordinance went into effect February 3, 2009.
Published February 12, 2009 in The Pagosa Springs SUN.
_________________________________________
The second reading of Ordinance No. 733 was completed at the Regular Pagosa Springs Town Council Meeting held on February 3, 2009 at 5:00 p.m. in the Council Chambers at the Town Hall. ORDINANCE NO. 733, AN ORDINANCE IDENTIFYING TOWN COUNCIL REGULAR MEETING DATES, LOCATIONS, TIMES, AND AGENDA POSTING REQUIREMENTS. The Ordinance went into effect February 3, 2009.
Published February 12, 2009 in The Pagosa Springs SUN.
_________________________________________
The second reading of Ordinance No. 734 was completed at the Regular Pagosa Springs Town Council Meeting held on February 3, 2009 at 5:00 p.m. in the Council Chambers at the Town Hall. ORDINANCE NO. 734, AN ORDINANCE OF THE TOWN OF PAGOSA SPRINGS FOR ADOPTION OF ARTICLE 4 OF CHAPTER 2 OF THE PAGOSA SPRINGS MUNICIPAL CODE REGARDING COMPETITIVE BIDDING POLICIES AND PROCEDURES. The Ordinance went into effect February 3, 2009.
Published February 12, 2009 in The Pagosa Springs SUN.
_________________________________________
The second reading of Ordinance No. 735 was completed at the Regular Pagosa Springs Town Council Meeting held on February 3, 2009 at 5:00 p.m. in the Council Chambers at the Town Hall. ORDINANCE NO. 735, AN ORDINANCE OF THE TOWN OF PAGOSA SPRINGS REPEALING AND RE-ADOPTING CHAPTER 21 OF THE TOWN OF PAGOSA SPRINGS MUNICIPAL CODE, REGARDING LAND USE. The Ordinance went into effect February 3, 2009.
Published February 12, 2009 in The Pagosa Springs SUN.
_________________________________________
The second reading of Ordinance No. 736 was completed at the Regular Pagosa Springs Town Council Meeting held on February 3, 2009 at 5:00 p.m. in the Council Chambers at the Town Hall. ORDINANCE NO. 736, AN ORDINANCE OF THE TOWN OF PAGOSA SPRINGS REPEALING AND RE-ADOPTING THE OFFICIAL ZONING MAP OF THE TOWN OF PAGOSA SPRINGS. The Ordinance went into effect February 3, 2009.
Published February 12, 2009 in The Pagosa Springs SUN.
_________________________________________
Statement of Nondiscrimination
La Plata Electric Association is the recipient of Federal financial assistance from the Rural Utilities Service, an agency of the U.S. Department of Agriculture, and is subject to the provisions of Title VI of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act of 1973, as amended, the Age Discrimination Act of 1975, as amended, and the rules and regulations of the U.S. Department of Agriculture which provide that no person in the United States on the basis of race, color, national origin, age or handicap shall be excluded from the participation in, admission or access to, denied the benefits of, or otherwise be subjected to discrimination under any of this organization’s programs or activities.
The person responsible for coordinating this organization’s nondiscrimination compliance efforts is Greg Munro, Chief Executive Officer. Any individual, or specific class of individuals, who feels that this organization has subjected them to discrimination may obtain further information about the statutes and regulations listed above from and/or file a written complaint with this organization; or the Secretary, U.S. Department of Agriculture, Washington, DC 20250; or the Administrator, Rural Utilities Service, Washington, DC, 20250. Complaints must be filed within 180 days after the alleged discrimination. Confidentiality will be maintained to the extent possible.
Published February 12, 2009 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 2008CV209
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: May 20, 2009
Place of Sale: Archuleta County
Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO
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.
Dated: Jan. 28, 2009.
Attorney for Holder of Judgment
Kleinsmith & Associates, P.C.
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
Sheriff of the Above County
/s/ Peter L. Gonzalez
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 2009-12
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: $4,468.58; Interest: $1,873.40; Costs (estimated): $2,500.00; Attorneys Fees (estimated): $875.00; Total (estimated): $9,716.98
Real Estate3 to be Sold: Common Description: Unit Week Number 1, Unit Number 7106, Building Number 2, Elk Run Townhouses, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
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.
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: 12/10/2008 Case No.: 2008CV209 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 12/31/2008
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $4,468.58
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): Norman F. Crabb Address: 1081 Phillips Dr, Northglenn, CO 80233; 1265 Race St. Apt 301, Denver, CO 80206; P.O. Box 2542, Ocala, FL 34478
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): Norman F. Crabb Address: 1081 Phillips Dr, Northglenn, CO 80233l; 1265 Race St. Apt 301, Denver, CO 80206; P.O. Box 2542, Ocala, FL 34478
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 February 12, 19, 26, March 5 and 12, 2009 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) Jimmy D. Green a/k/a James D. Green
(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 2008CV226
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: May 20, 2009
Place of Sale: Archuleta County
Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO
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.
Dated: Jan. 28, 2009.
Attorney for Holder of Judgment
Kleinsmith & Associates, P.C.
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
Sheriff of the Above County
/s/ Peter L. Gonzalez
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: $5,539.09; Interest: $2,322.20; Costs (estimated): $2,500.00; Attorneys Fees (estimated): $875.00; Total (estimated): $11,236.29
Real Estate3 to be Sold: Common Description: Unit Week Number 9, Unit Number 7105, Building Number 2, Elk Run Townhouses, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 9, Unit Number 7105, 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 : 12/19/2008 Case No.: 2008CV226 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 12/31/2008
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $5,539.09
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 Parties5w on Lien Documents: Name(s): Jimmy D. Green a/k/a James D. Green Address: 1305 I-35 Service Rd, Edmond, OK 73034; 1422 N. Canyon Way, Guthrie, OK 73044
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): Jimmy D. Green a/k/a James D. Green Address: 1305 I-35 Service Rd, Edmond, OK 73034; 1422 N. Canyon Way, Guthrie, OK 73044
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 February 12, 19, 26, March 5 and 12, 2009 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) Elliot Johnson
(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 08CV57
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: May 20, 2009
Place of Sale: Archuleta County
Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO
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.
Dated: Jan. 28, 2009.
Attorney for Holder of Judgment
Kleinsmith & Associates, P.C.
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
Sheriff of the Above County
/s/ Peter L. Gonzalez
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 2009-03
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: $3,085.00; Interest: $1,227.40; Costs (estimated): $2,500.00; Attorneys Fees (estimated): $875.00; Total (estimated): $7,687.40
Real Estate3 to be Sold: Common Description: Unit Week Number 18, Unit Number 7112, Building Number 03, Elk Run Townhouses, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 18, Unit Number 7112, Building Number 03 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: 12/10/2008 Case No.: 2008CV57 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 12/31/2008
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $3,085.00
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): Elliot Johnson Address: 7600 Callow St. NE, Albuquerque, NM 87109
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): Elliot Johnson Address: 7600 Callow St. NE, Albuquerque, NM 87109
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 February 12, 19, 26, March 5 and 12, 2009 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 2008CV223
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: May 20, 2009
Place of Sale: Archuleta County
Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO
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.
Dated: Jan. 28, 2009.
Attorney for Holder of Judgment
Kleinsmith & Associates, P.C.
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
Sheriff of the Above County
/s/ Peter L. Gonzalez
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 2009-07
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: $3,811.00; Interest: $425.00; Costs (estimated): $2,500.00; Attorneys Fees (estimated): $875.00; Total (estimated): $7,611.00
Real Estate3 to be Sold: Common Description: Unit Week Number 29, Condominium Unit Number 7522, Building Number 5, in Phase III of Village Pointe Condominiums, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
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.
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: 12/10/2008 Case No.: 2008CV223 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 12/31/2008
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $3,811.00
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): Paul A. Johnson and Betty J. Johnson Address: P.O. Box 6423, Lubbock, TX 79493; 1001 S. Kingston St, Aurora, CO 80012; 1001 S. Kingston St Apt 35, Aurora, CO 80012; 3359 W. 114th Cir, Westminster, CO 80031; 11265 E. Mississippi Ave. Apt 232, Aurora, CO 80012; 1210 Ramblewood Dr, Annapolis, MD 21409
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): Paul A. Johnson and Betty J. Johnson Address: P.O. Box 6423, Lubbock, TX 79493; 1001 S. Kingston St, Aurora, CO 80012; 1001 S. Kingston St Apt 35, Aurora, CO 80012; 3359 W. 114th Cir, Westminster, CO 80031; 11265 E. Mississippi Ave. Apt 232, Aurora, CO 80012; 1210 Ramblewood Dr, Annapolis, MD 21409
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 February 12, 19, 26, March 5 and 12, 2009 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) Phillip E. Smith
(2) Billye Diane Smith
(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 2008CV185
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: May 20, 2009
Place of Sale: Archuleta County
Sheriff’s Office, 449 San Juan
Street, Pagosa Springs, CO
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.
Dated: Jan. 28, 2009.
Attorney for Holder of Judgment
Kleinsmith & Associates, P.C.
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
Sheriff of the Above County
/s/ Peter L. Gonzalez
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 2009-10
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: $3,580.17; Interest: $1,468.53; Costs (estimated): $2,500.00; Attorneys Fees (estimated): $875.00; Total (estimated): $8,423.70
Real Estate3 to be Sold: Common Description: Unit Week Number 1, Unit Number 7118, Building Number 5A, Elk Run Townhouses, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 1, Unit Number 7118, Building Number 5A 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 : 12/8/2008 Case No.: 2008CV185 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 12/31/2008
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $3,580.17
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): Phillip E. Smith & Billye Diane Smith Address: 10801 Cobalt Dr NW, Albuquerque, NM 87114; 45791 W. Highway 16, Bristow, OK 74010
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): Phillip E. Smith & Billye Diane Smith Address: 10801 Cobalt Dr NW, Albuquerque, NM 87114; 45791 W. Highway 16, Bristow, OK 74010
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 February 12, 19, 26, March 5 and 12, 2009 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) John F. Thompson
(2) Janet K. Thompson
(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 2008CV63
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: May 20, 2009
Place of Sale: Archuleta County
Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO
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.
Dated: Jan. 28, 2009.
Attorney for Holder of Judgment
Kleinsmith & Associates, P.C.
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
Sheriff of the Above County
/s/ Peter L. Gonzalez
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 2009-14
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: $2,235.00; Interest: $891.48; Costs (estimated): $2,500.00; Attorneys Fees (estimated): $875.00; Total (estimated): $6,501.48
Real Estate3 to be Sold: Common Description: Unit Week Number 06, Unit Number 7104, Building Number 1, Elk Run Townhouses, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 06, Unit Number 7104, Building Number 1 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: 12/8/2008 Case No.: 2008CV63 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 12/31/2008
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $2,235.00
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): John F. Thompson and Janet K. Thompson Address: Holly Cott, Tilston, Malpas, UK SY14 7DR
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s) : John F. Thompson and Janet K. Thompson Address: Holly Cott, Tilston, Malpas, UK SY14 7DR
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 February 12, 19, 26, March 5 and 12, 2009 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) Susan L. Abramson
(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 2008CV206
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: May 20, 2009
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.
Dated: Jan. 28, 2009.
Attorney for Holder of Judgment
Kleinsmith & Associates, P.C.
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
Sheriff of the Above County
/s/ Peter L. Gonzalez
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 2009-04
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: $1,442.88; Interest: 151.81; Costs (estimated): $2,500.00; Attorneys Fees (estimated): $875.00; Total (estimated): $4,969.69
Real Estate3 to be Sold: Common Description: Unit Week Number 18, Condominium Unit Number 7528, Building Number 6, in Phase III of Village Pointe Condominiums, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 18, Condominium Unit Number 7528, 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: 12/3/2008 Case No.: 2008CV206 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 12/31/2008
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $1,442.88
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): Susan L. Abramson Address: 1171 S. Robertson Blvd #217, Los Angeles, CA 90035
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): Susan L. Abramson Address: 1171 S. Robertson Blvd #217, Los Angeles, CA 90035
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 February 12, 19, 26, March 5 and 12, 2009 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 2008CV212
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: May 20, 2009
Place of Sale: Archuleta County
Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO
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.
Dated: Jan. 28, 2009.
Attorney for Holder of Judgment
Kleinsmith & Associates, P.C.
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
Sheriff of the Above County
/s/ Peter L. Gonzalez
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 2009-13
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: $1,039.00; Interest: $115.60; Costs (estimated): $2,500.00; Attorneys Fees (estimated): $875.00; Total (estimated): $4,529.60
Real Estate3 to be Sold: Common Description: Unit Week Number 14, Condominium Unit Number 7526, Building Number 6, in Phase III of Village Pointe Condominiums, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
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.
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: 12/19/2008 Case No.: 2008CV212 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 12/31/2008
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $1,039.00
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): Jean G. Edwards Address: 9809 S Field Way, Littleton, CO 80127; 7385 Red Fox Way, Littleton, CO 80125; 7071 Ski Trl, Evergreen, CO 80439
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): Jean G. Edwards Address: 9809 S Field Way, Littleton, CO 80127; 7385 Red Fox Way, Littleton, CO 80125; 7071 Ski Trl, Evergreen, CO 80439
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 February 12, 19, 26, March 5 and 12, 2009 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) Russell Masten
(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 2008CV50
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: May 20, 2009
Place of Sale: Archuleta County
Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO
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.
Dated: Jan. 28, 2009.
Attorney for Holder of Judgment
Kleinsmith & Associates, P.C.
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
Sheriff of the Above County
/s/ Peter L. Gonzalez
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 2009-09
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: $5,468.00; Interest: $581.40; Costs (estimated): $2,500.00; Attorneys Fees (estimated): $875.00; Total (estimated): $9,424.40
Real Estate3 to be Sold: Common Description: Unit Week Number 19, Condominium Unit Number 7503, Building Number 001D in Phase I of Village Point Condominiums, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 19, Condominium Unit Number 7503, Building Number 001D in “PHASE I OF VILLAGE POINT CONDOMINIUMS”, according to and as located on the recorded Map recorded under Reception No. 168713 and the Declaration of Condominium and Interval Ownership for Village Point Condominiums recorded under Reception No. 160495, and amendments and supplements thereto, in the Office of the County Clerk and Recorded in and for 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: 12/3/2008 Case No.: 2008CV50 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 12/31/2008
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $5,468.00
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): Russell Masten Address: 908 E C Ave., Kingman, KS 67068; 938 E C Ave., Kingman, KS 67068; 219 N. 4th Street, Conway Springs, KS 67031
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): Russell Masten Address: 908 E C Ave., Kingman, KS 67068; 938 E C Ave., Kingman, KS 67068; 219 N. 4th Street, Conway Springs, KS 67031
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 February 12, 19, 26, March 5 and 12, 2009 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 2008CV211
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: May 20, 2009
Place of Sale: Archuleta County
Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO
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.
Dated: Jan. 28, 2009.
Attorney for Holder of Judgment
Kleinsmith & Associates, P.C.
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
Sheriff of the Above County
/s/ Peter L. Gonzalez
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 $2,366.00; Interest $251.94; Costs (estimated) $2,500.00; Attorneys Fees (estimated) $875.00; Total (estimated)$5,992.94
Real Estate3 to be Sold: Common Description: Unit Week Number 50, Condominium Unit Number 7522, Building Number 5, in Phase III of Village Pointe Condominiums, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
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.
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 : 12/10/2008 Case No.: 2008CV211 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 12/31/2008
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $2,366.00
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): E.C. Pecinosky Address: P.O. Box 94864, Oklahoma City, OK 73143; 332 SE 66th St, Oklahoma City, OK 73149; 8016 NW 120th St, Oklahoma City, OK 73162
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): E.C. Pecinosky Address: P.O. Box 94864, Oklahoma City, OK 73143; 332 SE 66th St, Oklahoma City, OK 73149; 8016 NW 120th St, Oklahoma City, OK 73162
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 February 12, 19, 26, March 5 and 12, 2009 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
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: May 20, 2009
Place of Sale: Archuleta County
Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO
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.
Dated: Jan. 28, 2009.
Attorney for Holder of Judgment
Kleinsmith & Associates, P.C.
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
Sheriff of the Above County
/s/ Peter L. Gonzalez
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 2009-15
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: $1,039.00; Interest: $109.82; Costs (estimated): $2,500.00; Attorneys Fees (estimated): $875.00; Total (estimated): $4,523.82
Real Estate to be Sold: Common Description: Unit Week Number 30, Condominium Unit Number 7527, Building Number 6, in Phase III of Village Pointe Condominiums, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
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.
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 : 12/8/2008 Case No.: 2008CV222 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 12/31/2008
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $1,039.00
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): Steven L Pendleton & Janet K Pendleton Address: 5604 Navajo Rd, Great Bend, KS 67530; 434 Sun Dr, Salina, KS 67401
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): Steven L Pendleton & Janet K Pendleton Address: 5604 Navajo Rd, Great Bend, KS 67530; 434 Sun Dr, Salina, KS 67401
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 February 12, 19, 26, March 5 and 12, 2009 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) John C. Waterhouse
(2) Kristine M. Waterhouse
(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 2008CV224
NOTICES OF:
(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: May 20, 2009
Place of Sale: Archuleta County
Sheriff’s Office, 449 San Juan
Street, Pagosa Springs, CO
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.
Dated: Jan. 28, 2009.
Attorney for Holder of Judgment
Kleinsmith & Associates, P.C.
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
Sheriff of the Above County
/s/ Peter L. Gonzalez
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 2009-11
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: $1,521.00; Interest: $161.50; Costs (estimated): $2,500.00; Attorneys Fees (estimated): $875.00; Total (estimated): $5,057.50
Real Estate3 to be Sold: Common Description: Unit Week Number 18, Condominium Unit Number 7526, Building Number 6, in Phase III of Village Pointe Condominiums, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 18, 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.
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: 12/3/2008 Case No.: 2008CV224 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 12/31/2008
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $1,521.00
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): John C Waterhouse & Kristine M Waterhouse Address: 1616 N. Weber St., Colorado Springs, CO 80907
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): John C Waterhouse & Kristine M Waterhouse Address: 1616 N. Weber St., Colorado Springs, CO 80907
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 February 12, 19, 26, March 5 and 12, 2009 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 2008CV215
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: May 20, 2009
Place of Sale: Archuleta County
Sheriff’s Office, 449 San Juan
Street, Pagosa Springs, CO
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.
Dated: Jan. 28, 2009.
Attorney for Holder of Judgment
Kleinsmith & Associates, P.C.
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
Sheriff of the Above County
/s/ Peter L. Gonzalez
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 2009-08
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: $1,991.00, Interest: $221.00; Costs (estimated): $2,500.00 Attorneys Fees (estimated): $875.00; Total (estimated): $5,587.00
Real Estate3 to be Sold: Common Description: Unit Week Number 1, Condominium Unit Number 7526, Building Number 6, in Phase III of Village Pointe Condominiums, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
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.
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: 12/10/2008 Case No.: 2008CV215 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 12/31/2008
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $1,991.00
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): W.J. Wilkinson & Darlene E. Wilkinson Address: 3560 Alma Rd. Apt 1013, Richardson, TX 75080; 2206 N Shannon St, Sherman, TX 75092; 2108 Jason Cir, Sherman, TX 75092; 1952 County Road 1135, Ravenna, TX 75476; 1042 Victoria St, Abilene, TX 79603
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): W.J. Wilkinson & Darlene E. Wilkinson Address: 3560 Alma Rd. Apt 1013, Richardson, TX 75080; 2206 N Shannon St, Sherman, TX 75092; 2108 Jason Cir, Sherman, TX 75092; 1952 County Road 1135, Ravenna, TX 75476; 1042 Victoria St, Abilene, TX 79603
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 February 12, 19, 26, March 5 and 12, 2009 in The Pagosa Springs SUN.
_________________________________________
