FIRST READING
The first reading of Ordinance No. 741 was completed at the Special Pagosa Springs Town Council Meeting held on May 4, 2009 at 5:00pm in the Council Chambers at the Town Hall. ORDINANCE NO. 741, AN ORDINANCE ADOPTING THE TOWN OF PAGOSA SPRINGS GEOTHERMAL HEATING SYSTEM REGULATIONS. The Ordinance can be read in its entirety in the office of the Town Clerk at Town Hall.
Published May 7, 2009 in The Pagosa Springs SUN.
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PUBLIC HEARING
The Pagosa Springs Town Council will be having a public hearing on Ordinance No. 741. ORDINANCE NO. 741, AN ORDINANCE ADOPTING THE TOWN OF PAGOSA SPRINGS GEOTHERMAL HEATING SYSTEM REGULATIONS. The public hearing will be held at the regularly scheduled meeting on Thursday May 21, 2009 at 12:00 p.m. in the Town Hall Council Chambers. All people wishing to comment should be present at that meeting or have written comments in the office of the Town Clerk no later than 12:00 p.m. on Monday, May 18th, 2009.
Published May 7, 2009 in The Pagosa Springs SUN.
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PUBLIC NOTICE
Owners of Real Property, Possessory Interests or Natural Resources whose value has changed will be sent a Notice of Valuation on or before May 1, 2009. Notices of Valuation for Personal Property will be sent no later than June 15.
PLEASE STUDY THE NOTICE CAREFULLY! YOUR 2009 PROPERTY TAXES WILL BE BASED ON THE ACTUAL VALUATION SHOWN ON THE NOTICE!
Property owners may request a review of their valuation by phone, fax, email or in person at the Hinsdale County Assessor’s Office. The deadline to file Real Property protests is June 1. Personal Property, Possessory Interests and Natural Resources’ protests may be filed by phone, fax, email or in person by June 30th or mailed with a postmark date of June 30th.
IMPORTANT: The Notice of Valuation is NOT a tax statement.
Amy B. Wilcox
Hinsdale County Assessor
PO Box 28
Lake City, CO 81235
970-944-2224
970-944-2202 (Fax)
Published May 7, 2009 in The Pagosa Springs SUN.
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Legal Notice
Notice of Public Hearing
for the Pagosa Area Water and Sanitation District
Pagosa Springs, Colorado
Date: June 9, 2009
Time: 7:00 p.m.
Location: Pagosa Area Water and Sanitation District
Board Room
Address: 100 Lyn Avenue
Pagosa Springs, Colorado 81157
Topic: Pagosa Area Water and Sanitation District
Decommissioning of the Highlands Lagoon
Wastewater Treatment Facility and convey
ance to Vista Wastewater Treatment Plant
Plan Preliminary Engineering Report.
A Public Hearing will be conducted for informing citizens and soliciting public input, written or oral, regarding the Pagosa Area Water and Sanitation District’s “Plan to Decommission the Highlands Lagoon Wastewater Treatment Facility and convey the flow to the Vista Wastewater Treatment Facility” Preliminary Engineering Report (PER). The PER is a report detailing the project which consists of laying a new wastewater pipeline, roughly following North Pagosa Boulevard in a generally southward direction until it ties into an existing interceptor sewer with adequate capacity to convey the additional wastewater to the Vista WWTF. The project will also require a new lift station. The report is being submitted to the Colorado Department of Public Health and Environment (CDPHE) to qualify the District for a State Revolving Fund Loan or Grant through the American Recovery and Reinvestment Act (ARRA) economic stimulus funds.
The PER evaluated the adequacy of the existing Highlands Lagoon WWTF and found that it could not consistently meet the proposed ammonia effluent limitations and is in Significant Non-Compliance with the Colorado Water Quality Control Act. It is recommended in the PER that the selected alternative is Decommissioning the Highlands Lagoon Wastewater Treatment Facility and conveyance of the flow to the Vista Wastewater Treatment Facility.
The PER evaluated the cost of the recommended improvements and it is estimated that the impact on residential wastewater bills will be minimized by the award of a zero interest loan, grant or combination thereof through the ARRA. It is estimated that the debt service for the required capital for the recommended improvements could be approximately $3.40 per Equivalent Unit per month. Significant increases in the operations and maintenance (O&M) costs of the Vista WWTF are not anticipated and in fact certain efficiencies may reduce O&M costs.
Copies of the Preliminary Engineering Report are available for public review prior to the Public Hearing at the following location:
Pagosa Area Water and Sanitation District,
100 Lyn Ave., Pagosa Springs, Colorado.
The point of contact for the Pagosa Area Water and Sanitation District is Gene Tautges, Assistant Manager, 970-731-2691
Pagosa Area Water and Sanitation District
Gene Tautges
Assistant Manager
Published May 7, 2009 in The Pagosa Springs SUN.
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NOTICE OF PURCHASE OF REAL ESTATE AT TAX LIEN SALE AND OF APPLICATION
FOR ISSUANCE OF TREASURER’S DEED
To Every Person in Actual Possession or Occupancy of the hereinafter Described Land, Lot or Premises, and to the Person in Whose Name the same was Taxed or Specially Assessed, and to all Persons having Interest of Title of Record in or to the said Premises and To Whom It May Concern, and more especially to
Scott Edward Chapman
1717 North Bayshore Dr.A4251
Miami, Fl. 33132
You and each of you are hereby notified that on the 14th day of November, AD, 2002 the then
County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to
Armstrong General Contractors
the following described real estate situate in the County of Archuleta, State of Colorado, to-wit:
Legal Description: Lot 339, Pagosa Highland Estates
Schedule # 558326402010
TSC # 2003-34
and said County Treasurer issued a certificate of purchase therefore to Armstrong General Contractors.
That said tax lien sale was made to satisfy the delinquent property (and special assessment) taxes assessed against said real estate for the year 2002,2003,2004,2005,2006,2007.
That said real estate was taxed or specially assessed in the name(s) of Scott Edward Chapman for said year 2002,2003,2004,2005,2006,2007.
That said Armstrong General Contractors on the 7th day of April , 2009, the present holder of said certificate (who) has made request upon the Treasurer of said County for a deed to said real estate;
That a Treasurer’s Deed will be issued for said real estate to Armstrong General Contractors
at 4:00 o’clock PM, on the 20th day of August, A.D. 2009, unless the same has been redeemed.
Said property may be redeemed from said sale at any time prior to the actual execution of said Treasurer’s Deed.
Witness my hand this 29th day of April, A.D. 2009.
Betty A. Diller, Archuleta County Treasurer
by Elsa Lucero, Deputy
Published May 7, 14 and 21, 2009 in The Pagosa Springs SUN.
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NOTICE OF PURCHASE OF REAL ESTATE AT TAX LIEN SALE AND OF APPLICATION
FOR ISSUANCE OF TREASURER’S DEED
To Every Person in Actual Possession or Occupancy of the hereinafter Described Land, Lot or Premises, and to the Person in Whose Name the same was Taxed or Specially Assessed, and to all Persons having Interest of Title of Record in or to the said Premises and To Whom It May Concern, and more especially to
Richard Broom, Burleson T. and Joyce E. Collyer
2042 Antelope Ave.
Pagosa Springs CO 81147
You and each of you are hereby notified that on the 15th day of November, AD, 2001 the then County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to
Savealle Trust in 2003
the following described real estate situate in the County of Archuleta, State of Colorado, to-wit:
Legal Description: Timber Condominium Unit 2 on Lake Pagosa Park BLK 12 Lot 2: 8-35-2W
Schedule # 569908324011
TSC # 2001-206
and said County Treasurer issued a certificate of purchase therefore to Savealle Trust in 2003.
That said tax lien sale was made to satisfy the delinquent property (and special assessment) taxes assessed against said real estate for the year 2001,2002,2003,2004,2005,2006,2007.
That said real estate was taxed or specially assessed in the name(s) of Richard Broom, Burleson T. and Joyce E. Collyer for said year 2001,2002,2003,2004,2005,2006,2007.
That said Savealle Trust in 2003 on the 12th day of April , 2009, the present holder of said certificate (who) has made request upon the Treasurer of said County for a deed to said real estate;
That a Treasurer’s Deed will be issued for said real estate to Savealle Trust in 2003
at 4:00 o’clock PM, on the 20th day of August, A.D. 2009, unless the same has been redeemed.
Said property may be redeemed from said sale at any time prior to the actual execution of said Treasurer’s Deed.
Witness my hand this 29th day of April, A.D. 2009.
Betty A. Diller, Archuleta County Treasurer
by Elsa Lucero, Deputy
Published May 7, 14 and 21, 2009 in The Pagosa Springs SUN.
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NOTICE OF PURCHASE OF REAL ESTATE AT TAX LIEN SALE AND OF APPLICATION
FOR ISSUANCE OF TREASURER’S DEED
To Every Person in Actual Possession or Occupancy of the hereinafter Described Land, Lot or Premises, and to the Person in Whose Name the same was Taxed or Specially Assessed, and to all Persons having Interest of Title of Record in or to the said Premises and To Whom It May Concern, and more especially to
M & M Limited Partnership
2346 Glacier Lane
Santa Maria, CA 93544
You and each of you are hereby notified that on the 18th day of November, AD, 2004 the then County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to
Grace or Rick Klinger
the following described real estate situate in the County of Archuleta, State of Colorado, to-wit:
Legal Description: Lot 69 Loma Linda Subdivision Unit Four
Schedule # 588717109005
TSC # 2004-151
and said County Treasurer issued a certificate of purchase therefore to Grace or Rick Klinger.
That said tax lien sale was made to satisfy the delinquent property (and special assessment) taxes assessed against said real estate for the year 2004,2005,2006,2007.
That said real estate was taxed or specially assessed in the name(s) of M & M Limited Partnership for said year 2004,2005,2006,2007.
That said Grace or Rick Klinger on the 11th day March , 2009, the present holder of said certificate (who) has made request upon the Treasurer of said County for a deed to said real estate;
That a Treasurer’s Deed will be issued for said real estate to Grace or Rick Klinger
at 4:00 o’clock PM, on the 20th day of August, A.D. 2009, unless the same has been redeemed.
Said property may be redeemed from said sale at any time prior to the actual execution of said Treasurer’s Deed.
Witness my hand this 29th day of April, A.D. 2009.
Betty A. Diller, Archuleta County Treasurer
by Elsa Lucero, Deputy
Published May 7, 14 and 21, 2009 in The Pagosa Springs SUN.
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NOTICE OF PURCHASE OF REAL ESTATE AT TAX LIEN SALE AND OF APPLICATION
FOR ISSUANCE OF TREASURER’S DEED
To Every Person in Actual Possession or Occupancy of the hereinafter Described Land, Lot or Premises, and to the Person in Whose Name the same was Taxed or Specially Assessed, and to all Persons having Interest of Title of Record in or to the said Premises and To Whom It May Concern, and more especially to
Allen R. & Sandra R. Tucker
4161 Hwy 50
White Water, CO 81527
You and each of you are hereby notified that on the 18th day of November, AD, 2004 the then County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to
Grace or Rick Klinger
the following described real estate situate in the County of Archuleta, State of Colorado, to-wit:
Legal Description: Tract in NW4NE4: 22-34-1W 344/245
Schedule # 588722100032
TSC # 2004-152
and said County Treasurer issued a certificate of purchase therefore to Grace or Rick Klinger.
That said tax lien sale was made to satisfy the delinquent property (and special assessment) taxes assessed against said real estate for the year 2004,2005,2006,2007.
That said real estate was taxed or specially assessed in the name(s) of Allen R. & Sandra R. Tucker for said year 2004,2005,2006,2007.
That said Grace or Rick Klinger on the 11th day March , 2009, the present holder of said certificate (who) has made request upon the Treasurer of said County for a deed to said real estate;
That a Treasurer’s Deed will be issued for said real estate to Grace or Rick Klinger
at 4:00 o’clock PM, on the 20th day of August, A.D. 2009, unless the same has been redeemed.
Said property may be redeemed from said sale at any time prior to the actual execution of said Treasurer’s Deed.
Witness my hand this 29th day of April, A.D. 2009.
Betty A. Diller, Archuleta County Treasurer
by Elsa Lucero, Deputy
Published May 7, 14 and 21, 2009 in The Pagosa Springs SUN.
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A variance from section 3.1.4 of the Archuleta County Land Use Regulations regarding setback for a covered deck structure to be attached to an existing house is being proposed for Lot 29 in Echo Lake Estates, Pagosa Springs. The property is located approximately .7 miles from the intersection of Highway 84 and River Forest Drive.
Comments regarding this proposal may be submitted to the Archuleta County Planning Department, P.O. Box 1507, Pagosa Springs, CO 81147-1507, telephone: (970) 731-3877 prior to the public hearing by the Board of County Commissioners on May 19, 2009, at 1:30 p.m. in the County Courthouse. If you prefer, you may attend the public hearing and be heard.
Published May 7 and 14, 2009 in The Pagosa Springs SUN.
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I, Jennifer N. Lucas, am no longer responsible for any debt that Jason M. Lucas may have or may acquire.
Published May 7, 14, 21 and 28, 2009 in The Pagosa Springs SUN.
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An Oil and Gas Conditional Use Permit on a portion of 465 acres is proposed in the NW/4 of Section 15 and the NE/4 Section 16, Township 33N, Range 5W, N.M.P.M. The proposal is for a major oil and gas compressor station on the property. The property is located at 11501 A-5, Highway 151, approximately 6 miles north of Arboles or 11.5 miles south of Highways 151 and 160.
Comments regarding this proposal may be submitted to the Archuleta County Planning Department, P.O. Box 1507, Pagosa Springs, CO 81147-1507, telephone: (970) 731-3877 prior to the public hearing by the Planning Commission on May 14, 2009 at 6:00 p.m. in the County Courthouse. If you prefer, you may attend the public hearing and be heard.
Published April 30 and May 7, 2009 in The Pagosa Springs SUN.
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COMBINED NOTICE OF SALE AND RIGHT TO CURE AND REDEEM
FORECLOSURE NUMBER 020-2009
To whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 020-2009 was commenced on 02/24/2009 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Original Grantor(s): Judith A Wagner and Milton E Wagner
Original Beneficiary: Bank One, N.A.
Current Holder of Evidence of Debt: JPMorgan Chase Bank, N.A., successor by merger to Bank One N.A
Date of Deed of Trust: 11/02/2004
County of Recording: Archuleta
Recording Date of Deed of Trust: 11/22/2004
Reception No.: 20410900
Original Principal Balance: $216,000.00
Outstanding Principal Balance: $208,004.13
Pursuant to C.R.S. §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
A PARCEL OF LAND LOCATED IN THE SW1/4NW1/4 OF SECTION 28 AND THE SE1/4NE1/4 OF SECTION 29, TOWNSHIP 33 NORTH, RANGE 5 WEST, N.M.P.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT THE SOUTHEAST CORNER OF SAID SE1/4NE1/4 OF SECTION 29; THENCE NORTH 89 DEG 59 MIN 41 SEC WEST, 1090.01 FEET ALONG THE SOUTH LINE OF SAID SE1/4NE1/4 OF SECTION 29 TO THE CENTER OF AN EXISTING DIRT ROAD; NORTH 28 DEG 22 MIN 36 SEC EAST, 272.19 FEET ALONG THE CENTER OF SAID EXISTING DIRT ROAD; 215.44 FEET ALONG THE CENTER OF SAID EXISTING DIRT ROAD ON THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 302.95 FEET, THE LONG CHORD OF WHICH CURVE BEARS NORTH 46 DEG 44 MIN 63 SEC EAST, 210.93 FEET TO THE CENTER OF THAT 60 FOOT WIDE ACCESS EASEMENT DESCRIBED UNDER RECEPTION NO. 149234, ARCHULETA COUNTY RECORDS; NORTH 67 DEG 07 MIN 11 SEC EAST, 143.94 FEET ALONG THE CENTER OF SAID ACCESS EASEMENT; NORTH 87 DEG 11 MIN 28 SEC EAST, 291.57 FEET ALONG THE CENTER OF SAID ACCESS EASEMENT; SOUTH 60 DEG 26 MIN 32 SEC EAST, 210.13 FEET ALONG THE CENTER OF SAID ACCESS EASEMENT; NORTH 11 DEG 49 MIN 30 SEC EAST, 242.13 FEET; SOUTH 89 DEG 24 MIN 57 SEC EAST, 734.71 FEET TO THE CENTER OF THE PIEDRA RIVER (RIO PIEDRA); SOUTH 17 DEG 267 MIN 15 SEC WEST, 350.89 FEET ALONG THE CENTER OF SAID PIEDRA RIVER TO THE SOUTH LINE OF THE SAID SW1/4NW1/4 OF SECTION 28; NORTH 89 DEG 52 MIN 02 SEC WEST; 423.33 FEET ALONG THE SAID SOUTH LINE OF SW1/4NW/14 OF SECTION 28 TO THE POINT OF BEGINNING, COUNTY OF ARCHULETA, STATE OF COLORADO.
WHICH HAS THE ADDRESS OF: 179 Navajo Rd, Arboles, CO 81121
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction at 10:00 A.M. on Thursday, 06/18/2009, at 449 San Juan St., Pagosa Springs, CO 81147 sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
First Publication: 04/23/2009
Last Publication: 05/21/2009
Name of Publication: Pagosa Springs Sun
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. §38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. §38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 2/24/2009
Betty A. Diller
Public Trustee of Archuleta County, State of Colorado
By: /s/ Debora A. Switala, Deputy Public Trustee
The name, address and telephone number of the attorney(s) representing the legal holder of the indebtedness is:
William L. Foster #38341
Caren Jacobs Castle #11790
Barbara Bader #10394
P.C. Wolf #34797
Jeremy D. Peck #36588
Cristel D. Shepherd #39351
Deanne R. Stodden #33214
Jennifer C. Rogers #34682
Katharine E. Fisher #39230
Jeffrey C. Gaston #40389
Elizabeth S. Marcus #16092
Britney Beall-Eder #64935
Lauren R. Smith #39316
Castle, Meinhold & Stawiarski LLC 999 18TH ST., #2201, Denver, CO 80202 303-865-1400
The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
Attorney file number: 08-21647
Published April 23, 30, May 7, 14 and 21, 2009 in The Pagosa Springs SUN.
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COMBINED NOTICE OF SALE AND RIGHT TO CURE AND REDEEM
FORECLOSURE NUMBER 021-2009
To whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 021-2009 was commenced on 02/25/2009 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Original Grantor(s): Theodore F. Vander Wiede and Sonia C. Vander Wiede
Original Beneficiary: Mortgage Electronic Registration Systems, Inc., as nominee for Homecomings Financial, LLC (f/k/a Homecomings Financial Network, Inc.)
Current Holder of Evidence of Debt: GMAC Mortgage, LLC
Date of Deed of Trust: 08/27/2007
County of Recording: Archuleta
Recording Date of Deed of Trust: 08/27/2007
Reception No.: 20707524
Original Principal Balance: $230,000.00
Outstanding Principal Balance: $227,581.00
Pursuant to C.R.S. §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
LOTS 7 AND 8, LAKEVIEW ESTATES, ACCORDING TO THE PLAT THEREOF FILED APRIL 30, 1979, AS RECEPTION NO. 94868, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.
WHICH HAS THE ADDRESS OF: 90 Lighthouse Drive, Pagosa Springs, CO 81147
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction at 10:00 A.M. on Thursday, 06/18/2009, at 449 San Juan St., Pagosa Springs, CO 81147 sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
First Publication: 04/23/2009
Last Publication: 05/21/2009
Name of Publication: Pagosa Springs Sun
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. §38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. §38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 2/25/2009
Betty A. Diller
Public Trustee of Archuleta County, State of Colorado
By: /s/ Debora A. Switala, Deputy Public Trustee
The name, address and telephone number of the attorney(s) representing the legal holder of the indebtedness is:
Deanne R. Stodden #33214
Castle, Meinhold & Stawiarski LLC 999 18TH ST., #2201, Denver, CO 80202 303-865-1400
The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
Attorney file number: 09-00615
Published April 23, 30, May 7, 14 and 21, 2009 in The Pagosa Springs SUN.
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COMBINED NOTICE OF SALE AND RIGHT TO CURE AND REDEEM
FORECLOSURE NUMBER 022-2009
To whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 022-2009 was commenced on 02/25/2009 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Original Grantor(s): James A Hansen and Dorothy L Hansen
Original Beneficiary: Washington Mutual Bank, FA
Current Holder of Evidence of Debt: JPMORGAN CHASE BANK, NATIONAL ASSOCIATION
Date of Deed of Trust: 03/07/2006
County of Recording: Archuleta
Recording Date of Deed of Trust: 03/13/2006
Reception No.: 20602384
Original Principal Balance: $749,250.00
Outstanding Principal Balance: $806,777.60
Pursuant to C.R.S. §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
TRACT 50, A REPLAT OF LOTS 49 AND 50 NAVAJO RIVER RANCH UNIT #3, ACCORDING TO THE MAP THEREOF RECORDED JUNE 22, 2000 AS RECEPTION NO. 20005564 AND RECORDED JANUARY 16, 2004 AS RECEPTION NO. 20400312.
WHICH HAS THE ADDRESS OF: 38 Painted Elk Drive, Pagosa Springs, CO 81147
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction at 10:00 A.M. on Thursday, 06/18/2009, at 449 San Juan St., Pagosa Springs, CO 81147 sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
First Publication: 04/23/2009
Last Publication: 05/21/2009
Name of Publication: Pagosa Springs Sun
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. §38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. §38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 2/25/2009
Betty A. Diller
Public Trustee of Archuleta County, State of Colorado
By: /s/ Debora A. Switala, Deputy Public Trustee
The name, address and telephone number of the attorney(s) representing the legal holder of the indebtedness is:
Robert J. Hopp & Associates, LLC PO Box 8689, , Denver, CO 80201 303-225-0836
The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
Attorney file number: 09-00575RH
Published April 23, 30, May 7, 14 and 21, 2009 in The Pagosa Springs SUN.
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COMBINED NOTICE OF SALE AND RIGHT TO CURE AND REDEEM
Amended
FORECLOSURE NUMBER 023-2009
To whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 023-2009 was commenced on 02/25/2009 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Original Grantor(s): Robert A. Ochoa and Angela M. Ochoa
Original Beneficiary: Mortgage Electronic Registration Systems, Inc., as nominee for New Line Mortgage, Div. of Republic Mortgage Home Loans, LLC
Current Holder of Evidence of Debt: Wells Fargo Bank, N.A.
Date of Deed of Trust: 08/26/2004
County of Recording: Archuleta
Recording Date of Deed of Trust: 08/27/2004
Reception No.: 20407700
Original Principal Balance: $95,501.00
Outstanding Principal Balance: $90,658.75
Pursuant to C.R.S. §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
LOT 101 IN ASPEN SPRINGS SUBDIVISION NO. 5, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD AUGUST 3, 1971 AS RECEPTION NO. 74690
WHICH HAS THE ADDRESS OF: 1147 Ute Drive, Pagosa Springs, CO 81147
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction at 10:00 A.M. on Thursday, 06/18/2009, at 449 San Juan St., Pagosa Springs, CO 81147 sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
First Publication: 04/23/2009
Last Publication: 05/11/2009
Name of Publication: Pagosa Springs Sun
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. §38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. §38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 2/25/2009
Betty A. Diller
Public Trustee of Archuleta County, State of Colorado
By: /s/ Debora A. Switala, Deputy Public Trustee
The name, address and telephone number of the attorney(s) representing the legal holder of the indebtedness is:
William L. Foster #38341
Caren Jacobs Castle #11790
Barbara Bader #10394
P.C. Wolf #34797
Jeremy D. Peck #36588
Cristel D. Shepherd #39351
Deanne R. Stodden #33214
Jennifer C. Rogers #34682
Katharine E. Fisher #39230
Jeffrey C. Gaston #40389
Elizabeth S. Marcus #16092
Britney Beall-Eder #64935
Lauren R. Smith #39316
Castle, Meinhold & Stawiarski LLC 999 18TH ST., #2201, Denver, CO 80202 303-865-1400
The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
Attorney file number: 09-01349
Published April 23, 30, May 7, 14 and 21, 2009 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE OF SALE AND RIGHT TO CURE AND REDEEM
FORECLOSURE NUMBER 024-2009
To whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 024-2009 was commenced on 02/25/2009 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Original Grantor(s): Lou Poma and Mary Jo Schilling
Original Beneficiary: Wells Fargo Bank, N.A.
Current Holder of Evidence of Debt: US Bank National Association, as Trustee for SASCO 2007-WF1
Date of Deed of Trust: 11/20/2006
County of Recording: Archuleta
Recording Date of Deed of Trust: 11/27/2006
Reception No.: 20611438
Original Principal Balance: $467,000.00
Outstanding Principal Balance: $459,234.83
Pursuant to C.R.S. §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
LOT 14, PARADISE MESA, ACCORDING TO THE PLAT THERE OF FILED SEPTEMBER 10, 1996, AS RECEPTION NO. 1996006775, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.
WHICH HAS THE ADDRESS OF: 326 Lannie Court, Pagosa Springs, CO 81147
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction at 10:00 A.M. on Thursday, 06/18/2009, at 449 San Juan St., Pagosa Springs, CO 81147 sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
First Publication: 04/23/2009
Last Publication: 05/21/2009
Name of Publication: Pagosa Springs Sun
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. §38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. §38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 2/25/2009
Betty A. Diller
Public Trustee of Archuleta County, State of Colorado
By: /s/ Debora A. Switala, Deputy Public Trustee
The name, address and telephone number of the attorney(s) representing the legal holder of the indebtedness is:
William L. Foster #38341
Caren Jacobs Castle #11790
Barbara Bader #10394
P.C. Wolf #34797
Jeremy D. Peck #36588
Cristel D. Shepherd #39351
Deanne R. Stodden #33214
Jennifer C. Rogers #34682
Katharine E. Fisher #39230
Jeffrey C. Gaston #40389
Elizabeth S. Marcus #16092
Britney Beall-Eder #64935
Lauren R. Smith #39316
Castle, Meinhold & Stawiarski LLC 999 18TH ST., #2201, Denver, CO 80202 303-865-1400
The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
Attorney file number: 09-02976
Published April 23, 30, May 7, 14 and 21, 2009 in The Pagosa Springs SUN.
_________________________________________
NOTICE OF PURCHASE OF REAL ESTATE AT TAX LIEN SALE AND OF APPLICATION
FOR ISSUANCE OF TREASURER’S DEED
To Every Person in Actual Possession or Occupancy of the hereinafter Described Land, Lot or Premises, and to the Person in Whose Name the same was Taxed or Specially Assessed, and to all Persons having Interest of Title of Record in or to the said Premises and To Whom It May Concern, and more especially to
Larkin W. & Dawn M Deyapp
P O Box 2503
Pagosa Springs CO 81147
You and each of you are hereby notified that on the 18th day of November, AD, 2005 the then County Treasurer of Archuleta County, in the State of Colorado, sold at public tax lien sale to
Mark Gorman
the following described real estate situate in the County of Archuleta, State of Colorado, to-wit:
Legal Description: Lot 227 Pagosa Vista
Schedule # 5699 193 15 023
TSC # 2005-16
and said County Treasurer issued a certificate of purchase therefore to Mark Gorman.
That said tax lien sale was made to satisfy the delinquent property (and special assessment) taxes assessed against said real estate for the year 2004, 2005, and 2006.
That said real estate was taxed or specially assessed in the name(s) of Larkin W. & Dawn M Deyapp for said year 2004, 2005, and 2006.
That said Mark Gorman on the 9th day of February , 2009, the present holder of said certificate (who) has made request upon the Treasurer of said County for a deed to said real estate;
That a Treasurer’s Deed will be issued for said real estate to Mark Gorman
at 4:00 o’clock PM, on the 25th day of May, A.D. 2009, unless the same has been redeemed.
Said property may be redeemed from said sale at any time prior to the actual execution of said Treasurer’s Deed.
Witness my hand this 15th day of April, A.D. 2009.
Betty A. Diller, Archuleta County Treasurer
by Elsa Lucero, Deputy
Published April 23, 30 and May 7, 2009 in The Pagosa Springs SUN.
_________________________________________
PUBLIC NOTICE
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) Gary J. Hyatt
(2) Kathleen Hyatt
(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@kleinsmithlaw.com
Bar #: 1063
Case Number 2008CV97
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: June 17, 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: March 26, 2009
Kleinsmith & Associates, P.C.
Attorney for Holder of Judgment
Colorado Attorney Registration
No. 1063
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417 or (719) 593-1970
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) Sheriff’s Sale 2009-34
and That Person’s Identifying No., (if applicable: 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: $2,810.02 Foreclosure Sale Date: Interest $1,309.49 Costs (estimated): $2,500.00 Attorneys Fees (estimated): $ 875.00 Total (estimated)$7,494.51
Real Estate3 to be Sold: Common Description: Unit Week Number 38, Unit Number 7114, Building Number 04, Elk Run Townhouses, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 38, Unit Number 7114, Building Number 04 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: 1/26/2009 Case No.: 2008CV97
Court:Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 2/19/2009
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $2,810.02
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): Gary J. Hyatt and Kathleen Hyatt
Address: 4401 Estates Dr., Amarillo, TX 79124
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): Gary J. Hyatt and Kathleen Hyatt Address: 4401 Estates Dr., Amarillo, TX 79124
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 April 23, 30, May 7, 14 and 21, 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) Fred A. Bland
(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 2008CV284
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: June 17, 2009
Place of Sale: Archuleta County Sheriff’s Office, 499 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: March 26, 2009
Kleinsmith & Associates, P.C.
Attorney for Holder of Judgment
Colorado Attorney Registration
No. 1063
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417 or (719) 593-1970
by /s/ Philip M. Kleinsmith
Sheriff of the Above County
/s/ Peter L. Gonzalez
Address: 499 San Juan Street
Pagosa Springs, CO 81147
Identifying Data of Legal Documents1
Upon Which Foreclosure is based
Type of Sale (Trustee, Sheriff, Special Master) Sheriff’s Sale 2009-33
and That Person’s Identifying No., (if applicable: 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:$5,819.86 Interest $790.06 Costs (estimated): $ 2,500.00 Attorneys Fees (estimated):$875.00 Total (estimated)$9,984.92
Real Estate3 to be Sold:
Common Description: Unit Week Number 12, Condominium Unit Number 7528, Building Number 6D, in Phase III of Village Pointe Condominiums, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 12, Condominium Unit Number 7528, Building Number 6D, 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: 02/13/2009
Case No.: 2008CV284 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 02/25/2009
Other Lien Instrument: Dated: N/A Recording Date: N/A Recording Data: N/A
Original Principal Amount: $5,819.86
Original Trustee: N/A
Original Holder4 of Lien Documents: Name: Village Pointe 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: Village Pointe 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): Fred A. Bland Address: 7833 SE US Highway 40, Tecumseh, KS 66542
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A Current Owner(s) Of Real Estate: Name(s): Fred A. Bland Address: 7833 SE US Highway 40 Tecumseh, KS 66542
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 April 23, 30, May 7, 14 and 21, 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) Dennis P. Griffin, Jr.
(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 2008CV210
Div.
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: June 17, 2009
Place of Sale: Archuleta County Sheriff’s Office, 499 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: March 26, 2009
Kleinsmith & Associates, P.C.
Attorney for Holder of Judgment
Colorado Attorney Registration
No. 1063
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417 or (719) 593-1970
by /s/ Philip M. Kleinsmith
Sheriff of the Above County
/s/ Peter L. Gonzalez
Address: 499 San Juan Street
Pagosa Springs, CO 81147
Identifying Data of Legal Documents1
Upon Which Foreclosure is Based
Type of Sale (Trustee, Sheriff, Special Master) Sheriff’s Sale 2009-32 and That Person’s Identifying No., (if applicable): 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 $136.24 Costs (estimated): $ 2,500.00
Attorneys Fees (estimated): $875.00 Total (estimated) $4,430.24
Real Estate3 to be Sold:
Common Description: Unit Week Number 47, Condominium Unit Number 7507, Building Number 2, in Phase I of Village Pointe Condominiums, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 47, Condominium Unit Number 7507, Building Number 2, in Phase I of Village Pointe Condominiums, according to and as located on the recorded Map recorded under Reception No. 168713 and the Declaration of Condominium and Interval Ownership of Village Pointe Condominiums recorded under Reception No. 160495, and amendments and supplements thereto, in the Office of the County Clerk, Archuleta County, Colorado.
Lien Documents: That is the Identifying Data of Legal Documents1 Being Foreclosed Per Real Estate Records of County Stated in Legal Description:
Mortgage or Deed of Trust: Dated: N/A
Judgment: Dated: 02/09/2009
Case No.: CV2008210 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 02/20/2009
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 Assoc., Inc. Address: c/o Foreclosure Management Company 10975 El Monte, Suite 220 Overland Park, KS 66211
Present Holder of Lien Documents: Name: Village Point 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): Dennis P. Griffin, Jr
Address: 94 Colonial Rd., Marshfield, MA 02050
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): Dennis P. Griffin, Jr., address: 94 Colonial Rd. Marshfield, MA 02050
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 April 23, 30, May 7, 14 and 21, 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) Maria T. Irizarry
(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 2008CV213
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: June 17, 2009
Place of Sale: Archuleta County Sheriff’s Office, 449 San Juan Street, Pagosa Springs, CO 8114
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: March 26, 2009
Kleinsmith & Associates, P.C.
Attorney for Holder of Judgment
Colorado Attorney Registration
No. 1063
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417 or (719) 593-1970
by /s/ Philip M. Kleinsmith
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) Sheriff’s Sale 2009-30 and That Person’s Identifying No., (if applicable: 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: $ 1,279.66 Interest $165.90 Costs (estimated): $ 2,500.00 Attorneys Fees (estimated): $875.00 Total (estimated)$4,820.56
Real Estate3 to be Sold:
Common Description: Unit Week Number 41, Condominium Unit Number 7524, Building Number 5, in Phase III of Village Pointe Condominiums, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 41, Condominium Unit Number 7524, 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: 02/09/2009 Case No.: 2008CV213 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 02/20/2009
Other Lien Instrument: Dated: N/A
Recording Date: N/A Recording Data: N/A
Original Principal Amount: $1,279.66
Original Trustee: N/A
Original Holder4 of Lien Documents: Name: Village Pointe 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: Village Pointe 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): Maria T. Irizarry Address: 419 W. Imogene St.,Arcadia, FL 34266
Judgment Debtor(s):Name(s): N/A - In Rem Only Address : N/A
Current Owner(s) of Real Estate: Name(s): Maria T. Irizarry Address: 419 W. Imogene St
Arcadia, FL 34266
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 April 23, 30, May 7, 14 and 21, 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) Adam Perini
(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 2008CV200
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: June 17, 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 March 26, 2009
Kleinsmith & Associates, P.C.
Attorney for Holder of Judgment
Colorado Attorney Registration
No. 1063
6035 Erin Park Dr., Ste. 203
Colorado Springs, CO 80918
1-800-842-8417 or (719) 593-1970
/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) Sheriff’s Sale 2009-31 and That Person’s Identifying No., (if applicable: 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 $ 261.02 Costs (estimated): $ 2,500.00 Attorneys Fees (estimated): $875.00 Total (estimated) $5,627.02
Real Estate3 to be Sold:
Common Description: Unit Week Number 15, Condominium Unit Number 7504, Building Number 1, in Phase I of Village Pointe Condominiums, Archuleta County, Colorado.
Assessor’s Tax Parcel No.: Unknown
Legal Description: Unit Week Number 15, Condominium Unit Number 7504, Building Number 1, in Phase I of Village Pointe Condominiums, according to and as located on the recorded Map recorded under Reception No. 168713 and the Declaration of Condominium and Interval Ownership of Village Pointe Condominiums recorded under Reception No. 160495, and amendments and supplements thereto, in the Office of the County Clerk, Archuleta County, Colorado.
Lien Documents: That is the Identifying Data of Legal Documents1 Being Foreclosed Per Real Estate Records of County Stated in Legal Description:
Mortgage or Deed of Trust: Dated: N/A
Judgment: Dated: 02/09/2009 Case No.: 2008CV200 Court: Archuleta County District Court
Transcript of Judgment: Dated: N/A
Writ of Execution: Dated: 02/20/2009
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 Owner’s Assoc., 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 Owner’s 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): Adam Perini Address: 1569 N 2004 W, Clinton, UT 84015
Judgment Debtor(s): Name(s): N/A - In Rem Only Address: N/A
Current Owner(s) of Real Estate: Name(s): Adam Perini Address: 1569 N 2004 W Clinton, UT 84015
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 April 23, 30, May 7, 14 and 21, 2009 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE OF SALE AND RIGHT TO CURE AND REDEEM
FORECLOSURE NUMBER 002-2009
To whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 002-2009 was commenced on 02/09/2009 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Original Grantor(s): Copia Pagosa Springs, LLC
Original Beneficiary: Pagosa Loan II, LLC an Arizona limited liability company
Current Holder of Evidence of Debt: Pagosa Loan II, LLC an Arizona limited liability company
Date of Deed of Trust: 07/30/2007
County of Recording: Archuleta
Recording Date of Deed of Trust: 08/02/2007
Reception No.: 20706789
Original Principal Balance: $900,000.00
Outstanding Principal Balance: $900,000.00
Pursuant to C.R.S. §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
Parcel C, Martinez Minor Subdivision, a portion of Parcel 1 of the Martinez Annexation to the Town of Pagosa Springs, Co., according to the amended plat thereof filed October 3, 2005, as Reception No. 20510330, Less and Except that portion conveyed to The Board of County Commissioners of Archuleta County Colorado, recorded February 18, 2003, as Reception No. 20301245, all in the office of the Clerk and Recorder, Archuleta County, Colorado.
now known as -
Parcels 1, 2, and 3, Mountain View Estates Minor Subdivision, according to the plat thereof filed January 25, 2008, as Reception No. 20807714 in the office of the Clerk and Recorder, Archuleta County, Colorado.
WHICH HAS THE ADDRESS OF: X County Rd 600, Pagosa Springs, CO 81147
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction at 10:00 A.M. on Thursday, 06/11/2009, at 449 San Juan St., Pagosa Springs, CO 81147 sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
First Publication: 04/16/2009
Last Publication: 05/14/2009
Name of Publication: Pagosa Springs Sun
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. §38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. §38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 2/9/2009
Betty A. Diller
Public Trustee of Archuleta County, State of Colorado
By: /s/ Debora A. Switala, Deputy Public Trustee
The name, address and telephone number of the attorney(s) representing the legal holder of the indebtedness is:
Philip M. Kleinsmith ##1063
Kleinsmith & Associates 6035 Erin Park Dr., Suite 203, , Colorado Springs, CO 80918 (719)593-1970
The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
Attorney file number: 08-1888
Published April 16, 23, 30,May 7 and 14, 2009 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE OF SALE AND RIGHT TO CURE AND REDEEM
FORECLOSURE NUMBER 016-2009
To whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 016-2009 was commenced on 02/09/2009 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Original Grantor(s): Daniel J. Pickett
Original Beneficiary: Bank of the San Juans
Current Holder of Evidence of Debt: Wells Fargo Bank, N.A.
Date of Deed of Trust: 10/31/2003
County of Recording: Archuleta
Recording Date of Deed of Trust: 10/31/2003
Reception No.: 20311416
Original Principal Balance: $107,100.00
Outstanding Principal Balance: $100,172.54
Pursuant to C.R.S. §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
LOTS 19 AND 20, BLOCK 10, ASPEN SPRINGS SUBDIVISION NO. 2 AMENDED, ACCORDING TO THE PLAT THEREOF FILED JUNE 15, 1971, AS RECEPTION NO. 74503, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.
WHICH HAS THE ADDRESS OF: 852 Deer Trail, Pagosa Springs, CO 81147
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction at 10:00 A.M. on Thursday, 06/11/2009, at 449 San Juan St., Pagosa Springs, CO 81147 sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
First Publication: 04/16/2009
Last Publication: 05/14/2009
Name of Publication: Pagosa Springs Sun
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. §38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. §38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 2/9/2009
Betty A. Diller
Public Trustee of Archuleta County, State of Colorado
By: /s/ Debora A. Switala, Deputy Public Trustee
The name, address and telephone number of the attorney(s) representing the legal holder of the indebtedness is:
William L. Foster #38341
Caren Jacobs Castle #11790
Barbara Bader #10394
P.C. Wolf #34797
Jeremy D. Peck #36588
Cristel D. Shepherd #39351
Deanne R. Stodden #33214
Jennifer C. Rogers #34682
Katharine E. Fisher #39230
Jeffrey C. Gaston #40389
Elizabeth S. Marcus #16092
Britney Beall-Eder #64935
Lauren R. Smith #39316
Castle, Meinhold & Stawiarski LLC 999 18TH ST., #2201, Denver, CO 80202 303-865-1400
The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
Attorney file number: 09-01211
Published April 16, 23, 30,May 7 and 14, 2009 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE OF SALE AND RIGHT TO CURE AND REDEEM
FORECLOSURE NUMBER 017-2009
To whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 017-2009 was commenced on 02/09/2009 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Original Grantor(s): Tommy L Blankenship Jr and China R Blankenship
Original Beneficiary: Wells Fargo Bank, N.A.
Current Holder of Evidence of Debt: Wells Fargo Bank, N.A.
Date of Deed of Trust: 06/21/2007
County of Recording: Archuleta
Recording Date of Deed of Trust: 06/21/2007
Reception No.: 20705488
Original Principal Balance: $132,294.00
Outstanding Principal Balance: $130,917.42
Pursuant to C.R.S. §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
LOT 423, PAGOSA VISTA, ACCORDING TO THE PLAT THEREOF FILED SEPTEMBER 13, 1971, AS RECEPTION NO 74884, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO
WHICH HAS THE ADDRESS OF: 361 Lake Street, Pagosa Springs, CO 81147
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction at 10:00 A.M. on Thursday, 06/11/2009, at 449 San Juan St., Pagosa Springs, CO 81147 sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
First Publication: 04/16/2009
Last Publication: 05/14/2009
Name of Publication: Pagosa Springs Sun
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. §38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. §38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 2/7/2009
Betty A. Diller
Public Trustee of Archuleta County, State of Colorado
By: /s/ Debora A. Switala, Deputy Public Trustee
The name, address and telephone number of the attorney(s) representing the legal holder of the indebtedness is:
William L. Foster #38341
Caren Jacobs Castle #11790
Barbara Bader #10394
P.C. Wolf #34797
Jeremy D. Peck #36588
Cristel D. Shepherd #39351
Deanne R. Stodden #33214
Jennifer C. Rogers #34682
Katharine E. Fisher #39230
Jeffrey C. Gaston #40389
Elizabeth S. Marcus #16092
Britney Beall-Eder #64935
Lauren R. Smith #39316
Castle, Meinhold & Stawiarski LLC 999 18TH ST., #2201, Denver, CO 80202 303-865-1400
The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
Attorney file number: 08-25791
Published April 16, 23, 30,May 7 and 14, 2009 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE OF SALE AND RIGHT TO CURE AND REDEEM
FORECLOSURE NUMBER 018-2009
To whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 018-2009 was commenced on 02/09/2009 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Original Grantor(s): Walter E. Rediske and Debra T. Rediske
Original Beneficiary: Argent Mortgage Company, LLC
Current Holder of Evidence of Debt: Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-W4
Date of Deed of Trust: 09/22/2005
County of Recording: Archuleta
Recording Date of Deed of Trust: 10/07/2005
Reception No.: 20510598
Re-recording Date of Deed of Trust: 01/20/2009
Re-recording Reception No.: 20900368
Original Principal Balance: $236,000.00
Outstanding Principal Balance: $230,899.62
Pursuant to C.R.S. §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
SITUATED IN THE COUNTY OF ARCHULETA, STATE OF COLORADO TO WIT: LOT 13, BLOCK 3, UNIT #2, AND A REPLAT OF A PORTION UNIT #1 HOLIDAY ACRES SUBDIVISION, COUNTY OF ARCHULETA, STATE OF COLORADO.
WHICH HAS THE ADDRESS OF: 355 Coyote Drive, Pagosa Springs, CO 81147
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Hereby Given that I will at public auction at 10:00 A.M. on Thursday, 06/11/2009, at 449 San Juan St., Pagosa Springs, CO 81147 sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
First Publication: 04/16/2009
Last Publication: 05/14/2009
Name of Publication: Pagosa Springs Sun
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. §38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. §38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 2/7/2009
Betty A. Diller
Public Trustee of Archuleta County, State of Colorado
By: /s/ Debora A. Switala, Deputy Public Trustee
The name, address and telephone number of the attorney(s) representing the legal holder of the indebtedness is:
Robert J. Aronowitz, Esq. #5673
Joan Olson, Esq. #28078
Joel T. Mecklenberg, Esq. #36291
Marcy McDermott #38030
Stacey L. Aronowitz, Esq. #36290
Aronowitz & Ford, LLP 1199 Bannock Street, , Denver, CO 80204 3038131177
The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.
Attorney file number: 1115.80155
Published April 16, 23, 30, May 7 and 14, 2009 in The Pagosa Springs SUN.
_________________________________________
District Court Probate Court, Archuleta County, Colorado
DISTRICT COURT, ARCHULETA COUNTY, COLORADO
Court Address: Combined Court
449 San Juan Street
P.O. Box 148
Pagosa Springs, CO 81147
Phone Number: (970) 264-2400
Plaintiff(s):
WYNDHAM VACATION RESORTS, INC., f/k/a FAIRFIELD RESORTS, INC., f/k/a FAIRFIELD COMMUNITIES, INC., A DELAWARE CORPORATION
v.
Defendant(s):
ROBERTO ALBERTORIO, RICKY BLANCHARD, LAURA BLANCHARD, STERLING D. DAVIDSON, KATHY A. DAVIDSON, DEAN P. DIETRICH, JESSICA DIETRICH, LEON G. GERBITZ, SANDRA GERBITZ, HAROLD W. FRYE, RUTH A. FRYE, LAURA T. GABALDON, KARL JON HABERMACHER, AND FAITH F. HABERMACHER
Submitting Attorney:
SHAND, NEWBOLD & CHAPMAN, P.C.
Keith Newbold
150 East 9th Street, Suite 400
P.O. Box 2790
Durango, CO 81302
Phone Number: (970) 247-3091
Fax Number: (970) 247-3100
E-Mail: knewbold@snc-law.com
Atty. Reg. No: 010629
Case Number: 2008-CV-153
SHERIFF’S COMBINED NOTICE OF SHERIFF’S SALE AND NOTICE OF RIGHT TO CURE AND RIGHT TO REDEEM
TO WHOM IT MAY CONCERN:
This is to advise you that the above-captioned action is pending. A Judgment and Decree of Foreclosure has been entered in this action concerning Mortgage executed by the Defendants for the benefit of Wyndham Vacation Resorts, Inc., f/k/a Fairfield Resorts, Inc., f/n/a Fairfield Communities, Inc., said Mortgage being dated June 2, 2004, and recorded on December 9, 2004 at Reception 20411686 in the records of the Archuleta County Clerk and Recorder.
The real property, which is all of the property currently encumbered by the Mortgage described in said Judgment and Decree of Foreclosure, is situate in Archuleta County, Colorado, as recorded in the Office of the Clerk and Recorder of Archuleta County, Colorado, as detailed and described as:
A 63,000/17,743,000 undivided fee simple absolute interest in Units 7863-7864 in Building 32, as tenants in common with the other undivided interest owners of said building of PEREGRINE TOWNHOUSES PHASE VII, as depicted on the Plat recorded at Reception Number 20005495, subject to Declaration of Protective Covenants and Interval Ownership for Peregrine Townhouses recorded at Reception Number 173556, Third Supplemental Declaration recorded March 13, 2000 as Reception No. 20002414 and any amendments and supplements thereto, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.
Defendants Dean P. Dietrich and Jessica Dietrich are the original grantors of the Mortgage and are in default pursuant to the terms of the Promissory Note and the Mortgage being foreclosed. The Plaintiff named above is the judgment creditor in this action and the current owner of the evidence of debt (the judgment entered herein) secured by the property being sold; and as of February 11, 2009, the outstanding balance due and owning on such judgment is $9,195.51.
The name, address and telephone number of the attorneys representing the owner of the Mortgage being foreclosed is Keith Newbold; Shand, Newbold & Chapman, P.C., 150 East 9th Street, Suite 400, Durango, Colorado 81301; (970) 247-3091.
NOTE: THE MORTGAGE BEING FORECLOSED MAY NOT BE A FIRST LIEN.
NOTICE OF SALE
I shall offer for public sale to the highest bidder, for cash, at public auction, all the right, title and interest of the Defendants in said property on Wednesday, June 3, 2009, at 10:00 A.M., at the Sheriff’s Office, 449 San Juan Street Pagosa Springs, Colorado.
NOTICE OF RIGHTS
Attached hereto are copies of certain Colorado statues that may 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 and may create a personal debt against you. You may wish to seek the advice of your own private attorney concerning your rights in relation to this foreclosure proceeding.
A notice of intent to cure pursuant to §38-38-104, C.R.S., 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.
A notice of intention to redeem filed pursuant to §38-38-302, C.R.S., shall be filed with the officer no later than eight business days after the sale.
Intent to cure or redeem, as provided by the aforementioned laws, must be directed to or conducted at the Office of the Sheriff for Archuleta County, 449 San Juan Street, P.O. Box 638, Pagosa Springs, Colorado 81147.
DATED this 6 day of April, 2009 at Pagosa Springs, Colorado.
/s/ Peter L. Gonzalez, Sheriff,
Archuleta County, Colorado
SALE DATE: WEDNESDAY, JUNE 3, 2009 AT 10:00 AM
BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS TO COVER THEIR HIGHEST BID AT THE TIME OF SALE. CERTIFIED FUNDS ARE PAYABLE TO THE REGISTRY OF THE ARCHULETA COUNTY DISTRICT COURT.
Colorado Statutes attached: §38-37-108, §38-38-103, §38-38-104, §38-38-301, §38-38-304, §38-38-305, and §38-38-306, C.R.S., as amended.
Published April 16, 23, 30, May 7 and 14, 2009 in The Pagosa Springs SUN.
_________________________________________
DISTRICT COURT, ARCHULETA COUNTY,
COLORADO
Court Address:
Clerk of the District Court
Archuleta County District Court
449 San Juan Street
Pagosa Springs, Colorado 81147
Plaintiff(s):
POPULAR MORTGAGE SERVICING, INC., as Servicer for HSBC BANK USA NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE UNDER THE INDENTURE RELATING TO PEOPLE’S CHOICE HOME LOAN SECURITIES TRUST SERIES 2005-4
Defendant(s):
CHARLES MICHAEL THOMAS, GREENPOINT MORTGAGE FUNDING, INC., PAGOSA LAKES PROPERTY OWNERS ASSOCIATION, ARCHULETA COUNTY, STATE OF COLORADO, PUBLIC TRUSTEE OF ARCHULETA COUNTY, and ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST IN THE SUBJECT PROPERTY,
Attorney for Plaintiff:
Beverly L. Edwards, No. 11532
EDWARDS & TAYLOR, LLC
2851 So. Parker Rd., Ste. 1200
Aurora, CO 80014
(303) 750-2303
FAX: (303) 752-0946
Case Number: 2008 CV 329
SUMMONS BY PUBLICATION
THE PEOPLE OF THE STATE OF COLORADO
TO THE ABOVE-NAMED DEFENDANTS AND SPECIFICALLY TO DEFENDANT(S) ALL UNKNOWN PERSONS WHO MAY CLAIM AN INTEREST IN THE SUBJECT PROPERTY
You are hereby summoned and required to appear and defend against the claims of the Complaint filed with the Court in this action, by filing with the Clerk of this Court an answer or other response. You are required to file your answer or other response within thirty (30) days after the service of this Summons upon you. Service of this Summons shall be complete on the day of the last publication. A copy of the Complaint may be obtained from the Clerk of the Court.
If you fail to file your answer or other response to the Complaint in writing within thirty (30) days after the date of the last publication, judgment by default may be rendered against you by the Court for the relief demanded in the Complaint without further notice.
This is an action for judicial foreclosure of a Deed of Trust, dated June 24, 2005, and recorded on June 30, 2005, at Reception No. 20506457, in the records of the County of Archuleta, State of Colorado, and as more specifically described in Plaintiff(s)’ Complaint in the within action, on the following real property located in the County of Archuleta, State of Colorado:
Lots 14 and 15, Block 7, Pagosa In the Pines, County of Archuleta, State of Colorado.
Also known by street and number as 218 Masters Circle, Pagosa Springs, Colorado 81147
The Complaint is also for reformation of the Deed of Trust to include the lot and block legal description which was inadvertently omitted from the Deed of Trust due to a processing error
DATED: March 18 2009
RESPECTFULLY SUBMITTED,
EDWARDS & TAYLOR, LLC
/s/ Beverly L. Edwards, No. 11532
Attorneys for Plaintiff
2851 S. Parker Rd., Ste. 1200
Aurora, Colorado 80014
Telephone: (303) 750-2303
Published April 9, 16, 23, 30 and May 7, 2009 in The Pagosa Springs SUN.
_________________________________________
DISTRICT COURT, ARCHULETA COUNTY, COLORADO
Court Address: Combined Court
449 San Juan Street
P.O. Box 148
Pagosa Springs, CO 81147
Phone Number: (970) 264-2400
Plaintiff(s):
WYNDHAM VACATION RESORTS, INC., f/k/a FAIRFIELD RESORTS, INC., f/k/a FAIRFIELD COMMUNITIES, INC., A DELAWARE CORPORATION
v.
Defendant(s):
JOHN CARRIGG, AMY L. TJADEN, CARL A. CARSTROM, JR., SHEILA I. CARSTROM, ARDELLA CHESS, DARYL CHESS, ROBERT W. DUNCAN, ANGELA D. DUNCAN, FLORENCE E. FRANKLIN, MICHAEL D. FRIESENHAHN, CATHY A. FRIESENHAHN, SHAUN HOWELL AND REGINA HOWELL
Submitting Attorney:
SHAND, NEWBOLD & CHAPMAN, P.C.
Keith Newbold
150 East 9th Street, Suite 400
P.O. Box 2790
Durango, CO 81302
Phone Number: (970) 247-3091
Fax Number: (970) 247-3100
E-Mail: knewbold@snc-law.com
Atty. Reg. No: 010629
Case Number: 2008-CV-265
SHERIFF’S COMBINED NOTICE OF SHERIFF’S SALE AND
NOTICE OF RIGHT TO CURE AND RIGHT TO REDEEM
TO WHOM IT MAY CONCERN:
This is to advise you that the above-captioned action is pending. A Judgment and Decree of Foreclosure has been entered in this action concerning Mortgages executed by the Defendants for the benefit of Wyndham Vacation Resorts, Inc., f/k/a Fairfield Resorts, Inc., f/n/a Fairfield Communities, Inc., said Mortgages being recorded as detailed below.
The real property, which is all of the property currently encumbered by the Mortgages described in said Judgment and Decree of Foreclosure, is situate in Archuleta County, Colorado, as recorded in the Office of the Clerk and Recorder of Archuleta County, Colorado, as detailed and described below.
The Defendants named below are the original grantors of the Mortgages and are in default pursuant to the terms of the Promissory Notes and the Mortgages being foreclosed. The Plaintiff named above is the judgment creditor in this action and the current owner of the evidence of debt (the judgment entered herein) secured by the property being sold; and as of January 22, 2009, the outstanding balance due and owning on such judgment is detailed below.
The name, address and telephone number of the attorneys representing the owner of the Mortgage being foreclosed is Keith Newbold; Shand, Newbold & Chapman, P.C., 150 East 9th Street, Suite 400, Durango, Colorado 81301; (970) 247-3091.
1. As to Defendants John Carrigg and Amy L. Tjaden, the property is described as:
A 78,000/63,185,500 undivided fee simple absolute ownership interest in Units 1511, 1512, 1513, 1514, 1515, 1516, 1521, 1522, 1523, 1525 and 1526 in Building 15, as tenants in common with the other undivided interest owners of said building of TEAL LANDING CONDOMINIUM - PHASE FIVE - AS BUILT BUILDING 15, as depicted on the Plat recorded as Reception No. 20204764, subject to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20007580, First Amendment to Declaration of Condominium recorded as Reception No. 20009604, Second Amendment to Declaration recorded as Reception No. 20102923, Third Amendment to Declaration recorded as Reception No. 20104161, First Supplemental Declaration recorded as Reception No. 20105651, Second Supplemental Declaration recorded as Reception No. 20106880, First Amendment to Second Supplemental Declaration recorded as Reception No. 20110747, Third Supplemental Declaration recorded as Reception No. 20203147, Fourth Supplemental Declaration recorded as Reception No. 20204765, and any future supplemental Plats or Declarations thereto, in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado. The property described above is an Annual ownership interest as described in the Declaration and such ownership interest has been allocated 78,000 points (as defined in the Declaration of Condominium for Teal Landing Condominium) for use by the Grantee in Each year.
with the Mortgage being dated February 12, 2003, and recorded on January 14, 2005 at Reception 20500392. The outstanding balance due and owning on such judgment is:
Original Principal: $8,329.15 Unpaid Principal: $5,243.51
Interest at 15%: $745.58 Costs: $1,484.98
Attorney Fees: $1,100.00 Judgment Total: $9,336.93
2. As to Defendants Carl A. Carstrom, Jr. and Sheila I. Carstrom, the property is described as:
A 154,000/63,185,500 undivided fee simple absolute ownership interest in Units 1511, 1512, 1513, 1514, 1515, 1516, 1521, 1522, 1523, 1525 and 1526 in Building 15, as tenants in common with the other undivided interest owners of said building of TEAL LANDING CONDOMINIUM - PHASE FIVE - AS BUILT BUILDING 15, as depicted on the Plat recorded as Reception No. 20204764, subject to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20007580, First Amendment to Declaration of Condominium recorded as Reception No. 20009604, Second Amendment to Declaration recorded as Reception No. 20102923, Third Amendment to Declaration recorded as Reception No. 20104161, First Supplemental Declaration recorded as Reception No. 20105651, Second Supplemental Declaration recorded as Reception No. 20106880, First Amendment to Second Supplemental Declaration recorded as Reception No. 20110747, Third Supplemental Declaration recorded as Reception No. 20203147, Fourth Supplemental Declaration recorded as Reception No. 20204765, and any future supplemental Plats or Declarations thereto, in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado. The property described above is an Annual ownership interest as described in the Declaration and such ownership interest has been allocated 154,000 points (as defined in the Declaration of Condominium for Teal Landing Condominium) for use by the Grantee in Each year.
with the Mortgage being dated February 8, 2003, and recorded on May 20, 2003 at Reception 20305048. The outstanding balance due and owning on such judgment is:
Original Principal: $14,400.00 Unpaid Principal: $12,333.30
Interest at 15%: $1,784.10 Late Fees: $612.33
Costs: $337.03 Attorney Fees: $1,100.00
Judgment Total: $22,696.93
3. As to Defendants Ardella Chess and Daryl Chess, the property is described as:
A 308,000/63,185,500 undivided fee simple absolute ownership interest in Units 1311, 1312, 1313, 1314, 1315, 1316, 1321, 1322, 1323, 1325 and 1326 in Building 13, as tenants in common with the other undivided interest owners of said building of TEAL LANDING CONDOMINIUM - PHASE THREE - AS BUILT BUILDING 13, as depicted on the Plat recorded as Reception No. 20106879, subject to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20007580, First Amendment to Declaration of Condominium recorded as Reception No. 20009604, Second Amendment to Declaration recorded as Reception No. 20102923, Third Amendment to Declaration recorded as Reception No. 20104161, First Supplemental Declaration recorded as Reception No. 20105651, Second Supplemental Declaration recorded as Reception No. 20106880, First Amendment to Second Supplemental Declaration recorded as Reception No. 20110747, and any future supplemental Plats or Declarations thereto, in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado. The property described above is an Annual ownership interest as described in the Declaration and such ownership interest has been allocated 308,000 points (as defined in the Declaration of Condominium for Teal Landing Condominium) for use by the Grantee in Each year.
with the Mortgage being dated February 13, 2004, and recorded on December 16, 2004 at Reception 20412107. The outstanding balance due and owning on such judgment is:
Original Principal: $28,683.69 Unpaid Principal: $27,325.57
Interest at 15%: $3,952.85 Late Fees: $328.76
Costs: $412.03 Attorney Fees: $1,100.00
Judgment Total: $44,626.23
4. As to Defendant Florence E. Franklin, the property is described as:
A 94,500/60,310,500 undivided fee simple absolute ownership interest in Units 1211, 1212, 1213, 1214, 1215, 1216, 1221, 1224, 1225 and 1226 in Building 12, as tenants in common with the other undivided interest owners of said building of TEAL LANDING CONDOMINIUM - PHASE TWO - AS BUILT BUILDING 12, as depicted on the Plat recorded as Reception No. 20105650, subject to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20007580, First Amendment to Declaration of Condominium recorded as Reception No. 20009604, Second Amendment to Declaration recorded as Reception No. 20102923, Third Amendment to Declaration recorded as Reception No. 20104161, and First Supplemental Declaration recorded as Reception No. 20105651 and any and all amendments and supplements thereto, in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado. The property described above is an Annual ownership interest as described in the Declaration and such ownership interest has been allocated 94,500 points (as defined in the Declaration of Condominium for Teal Landing Condominium) for use by the Grantee in Each year.
with the Mortgage being dated February 18, 2002, and recorded on September 30, 2002 at Reception 20208842. The outstanding balance due and owning on such judgment is:
Original Principal: $9,249.15 Unpaid Principal: $5,366.96
Interest at 15%: $776.37 Late Fees: $10.31
Costs: $367.03 Attorney Fees: $1,100.00
Judgment Total: $9,212.87
5. As to Defendants Shaun Howell and Regina Howell, the property is described as:
A 154,000/63,185,500 undivided fee simple absolute ownership interest in Units 1311, 1312, 1313, 1314, 1315, 1316, 1321, 1322, 1323, 1325 and 1326 in Building 13, as tenants in common with the other undivided interest owners of said building of TEAL LANDING CONDOMINIUM - PHASE THREE - AS BUILT BUILDING 13, as depicted on the Plat recorded as Reception No. 20106879, subject to Declaration of Condominium for Teal Landing Condominium recorded as Reception Number 20007580, First Amendment to Declaration of Condominium recorded as Reception No. 20009604, Second Amendment to Declaration recorded as Reception No. 20102923, Third Amendment to Declaration recorded as Reception No. 20104161, First Supplemental Declaration recorded as Reception No. 20105651, Second Supplemental Declaration recorded as Reception No. 20106880, First Amendment to Second Supplemental Declaration recorded as Reception No. 20110747, and any future supplemental Plats or Declarations thereto, in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado. The property described above is an Annual ownership interest as described in the Declaration and such ownership interest has been allocated 154,000 points (as defined in the Declaration of Condominium for Teal Landing Condominium) for use by the Grantee in Each year.
with the Mortgage being dated March 19, 2005, and recorded on May 15, 2006 at Reception 20604347. The outstanding balance due and owning on such judgment is:
Original Principal: $14,831.65 Unpaid Principal: $14,130.04
Interest at 15%: $2,044.02 Late Fees: $173.75
Costs: $337.03 Attorney Fees: $1,100.00
Judgment Total: $21,559.87
NOTE: THE MORTGAGE BEING FORECLOSED MAY NOT BE A FIRST LIEN.
NOTICE OF SALE
I shall offer for public sale to the highest bidder, for cash, at public auction, all the right, title and interest of the Defendants in said property on Wednesday, May 13, 2009, at 10:00 A.M., at the Sheriff’s Office, 449 San Juan Street Pagosa Springs, Colorado.
NOTICE OF RIGHTS
Attached hereto are copies of certain Colorado statues that may 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 and may create a personal debt against you. You may wish to seek the advice of your own private attorney concerning your rights in relation to this foreclosure proceeding.
A notice of intent to cure pursuant to §38-38-104, C.R.S., 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.
A notice of intention to redeem filed pursuant to §38-38-302, C.R.S., shall be filed with the officer no later than eight business days after the sale.
Intent to cure or redeem, as provided by the aforementioned laws, must be directed to or conducted at the Office of the Sheriff for Archuleta County, 449 San Juan Street, P.O. Box 638, Pagosa Springs, Colorado 81147.
DATED this 26 day of March, 2009 at Pagosa Springs, Colorado.
/s/ Peter L. Gonzalez, Sheriff,
Peter L. Gonzalez
Archuleta County, Colorado
SALE DATE: WEDNESDAY, MAY 13, 2009 AT 10:00 AM
BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS TO COVER THEIR HIGHEST BID AT THE TIME OF SALE. CERTIFIED FUNDS ARE PAYABLE TO THE REGISTRY OF THE ARCHULETA COUNTY DISTRICT COURT.
Colorado Statutes attached: §38-37-108, §38-38-103, §38-38-104, §38-38-301, §38-38-304, §38-38-305, and §38-38-306, C.R.S., as amended.
Published April 9, 16, 23, 30 and May 7, 2009 in The Pagosa Springs SUN.
_________________________________________