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Legals 09/23/10
Updated Wednesday, September 22, 2010

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 126-2010

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On July 16, 2010, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s) Shawn C Curvey and Rayann L Ryan

Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., as nominee for First Ohio Banc & Lending, Inc., an Ohio Corporation

Current Holder of Evidence of Debt CitiMortgage, Inc.

Date of Deed of Trust 9/17/2008

County of Recording Archuleta

Recording Date of Deed of Trust 9/30/2008

Recording Reception Number 20807814

Original Principal Amount $199,025.00

Outstanding Principal Balance $196,828.35

Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

LOTS 10 AND 11, PAGOSA TRAILS, ACCORDING TO THE PLAT THEREOF FILED SEPTEMBER 13, 1971, AS RECEPTION NO. 74885, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.

Also known by street and number as: 282 Sam Houston Ave, 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 Notice of Election and Demand for sale as provided by law and in said Deed of Trust.

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 11/18/2010, at 449 San Juan St., Pagosa Springs, CO 81147, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 9/23/2010

Last Publication: 10/21/2010

Name of Publication: Pagosa Springs Sun

DATE: 07/16/2010

Public Trustee in and for the County of Archuleta, State of Colorado

Betty A. Diller

By: /s/ Betty A. Diller, Public Trustee

The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Cristel D. Shepherd #39351

Deanne R. Stodden #33214

Jennifer C. Rogers #34682

Christopher T. Groen #39976

Jeffrey C. Gaston #40389

Jeffrey C. Gaston #40389

Elizabeth S. Marcus #16092

Britney Beall-Eder #64935

Kimberly L. Martinez #40351

Jason C. Hilliard #40856

Caren Jacobs Castle #11790

Barbara Bader #10394

Katharine E. Fisher #39230

Anthony L. Converse #40212

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 #: 10-12801

©Colorado Public Trustees’ Association Revised 12/2009

Published September 23, 30, October 7, 14 and 21, 2010 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 128-2010

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On July 16, 2010, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s) Michele R Mcneely

Original Beneficiary(ies) Washington Mutual Bank, FA, a federal association

Current Holder of Evidence of Debt Deutsche Bank National Trust Company, as trustee for WaMu Mortgage Pass-Through Certificates Series 2005-AR11-Trust

Date of Deed of Trust 4/8/2005

County of Recording Archuleta

Recording Date of Deed of Trust 4/15/2005

Recording Reception Number 20503398

Original Principal Amount $903,000.00

Outstanding Principal Balance $942,837.04

Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

LOT 22, WILDFLOWER SUBDIVISION AMENDED FINAL PLAT, ACCORDING TO THE PLAT THERE OF FILED MAY 14, 1997 AS RECEPTION NO. 97003000, IN THE OFFICE OF THE CLERK AND RECORDED, ARCHULETA COUNTY, COLORADO

Also known by street and number as: 624 East Morning Glory 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 Notice of Election and Demand for sale as provided by law and in said Deed of Trust.

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 11/18/2010, at 449 San Juan St., Pagosa Springs, CO 81147, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 9/23/2010

Last Publication: 10/21/2010

Name of Publication: Pagosa Springs Sun

DATE: 07/16/2010

Public Trustee in and for the County of Archuleta, State of Colorado

Betty A. Diller

By: /s/ Betty A. Diller, Public Trustee

The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Robert J. Hopp #26818

Wayne E. Vaden #21026

Robert J Hopp and Associates LLC P.O. Box 8689, Denver, CO 80201 (303) 225-0800

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 #: 10-03181CO

©Colorado Public Trustees’ Association Revised 12/2009

Published September 23, 30, October 7, 14 and 21, 2010 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 129-2010

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On July 16, 2010, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s) Meegan Maddux-Valdez

Original Beneficiary(ies) Washington Mutual Bank, FA

Current Holder of Evidence of Debt JPMorgan Chase Bank, National Association

Date of Deed of Trust 8/25/2006

County of Recording Archuleta

Recording Date of Deed of Trust 8/30/2006

Recording Reception Number 20608323

Original Principal Amount $165,600.00

Outstanding Principal Balance $146,706.72

Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

LOT 3, BLOCK 1, HOLIDAY ACRES SUBDIVISION UNIT 2 AND A REPLAT OF A PORTION OF UNIT 1, FILED AUGUST 7, 1975, AS RECEPTION NO . 83664 IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO

Also known by street and number as: 440 Coyote Dr, 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 Notice of Election and Demand for sale as provided by law and in said Deed of Trust.

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 11/18/2010, at 449 San Juan St., Pagosa Springs, CO 81147, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 9/23/2010

Last Publication: 10/21/2010

Name of Publication: Pagosa Springs Sun

DATE: 07/16/2010

Public Trustee in and for the County of Archuleta, State of Colorado

Betty A. Diller

By: /s/ Betty A. Diller, Public Trustee

The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Robert J. Hopp #26818

Wayne E. Vaden #21026

Robert J Hopp and Associates LLC P.O. Box 8689, Denver, CO 80201 (303) 225-0800

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 #: 10-03125CO

©Colorado Public Trustees’ Association Revised 12/2009

Published September 23, 30, October 7, 14 and 21, 2010 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 130-2010

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On July 16, 2010, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s) Herman Riggs

Original Beneficiary(ies) Vectra Bank Colorado, National Association

Current Holder of Evidence of Debt First Southwest Bank

Date of Deed of Trust 2/21/2002

County of Recording Archuleta

Recording Date of Deed of Trust 3/4/2002

Recording Reception Number 20202018

Original Principal Amount $270,000.00

Outstanding Principal Balance $181,370.52

Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

Lot 4 Wedemeyer Commercial Properties Subdivision, according to the plat thereof filed November 7, 1984, as Reception No. 127264, in the office of the Clerk and Recorder, Archuleta County, Colorado.

Also known by street and number as: 141 14th 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 Notice of Election and Demand for sale as provided by law and in said Deed of Trust.

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 11/18/2010, at 449 San Juan St., Pagosa Springs, CO 81147, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 9/23/2010

Last Publication: 10/21/2010

Name of Publication: Pagosa Springs Sun

DATE: 07/16/2010

Public Trustee in and for the County of Archuleta, State of Colorado

Betty A. Diller

By: /s/ Betty A. Diller, Public Trustee

The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Kettelkamp, Young & Kettelkamp, PC 201 W 8th Street, Suite 540, Pueblo, CO 81003-3034 (719) 543-4321

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 #: Herman Riggs

©Colorado Public Trustees’ Association Revised 12/2009

Published September 23, 30, October 7, 14 and 21, 2010 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 131-2010

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On July 23, 2010, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s) Tammy Marie Munoz and Vincent Daryl Munoz

Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., as nominee for Guaranteed Rate, Inc.

Current Holder of Evidence of Debt BAC Home Loans Servicing, L.P.

Date of Deed of Trust 12/20/2007

County of Recording Archuleta

Recording Date of Deed of Trust 12/26/2007

Recording Reception Number 20711630

Original Principal Amount $391,500.00

Outstanding Principal Balance $381,295.91

Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

LOT 12, PAGOSA PINES UNIT TWO, ACCORDING TO THE PLAT THEREOF FILED OCTOBER 20, 1970, AS RECEPTION NO. 73683, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO

Also known by street and number as: 441 Terry Robinson Road, 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 Notice of Election and Demand for sale as provided by law and in said Deed of Trust.

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 11/18/2010, at 449 San Juan St., Pagosa Springs, CO 81147, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 9/23/2010

Last Publication: 10/21/2010

Name of Publication: Pagosa Springs Sun

DATE: 07/23/2010

Public Trustee in and for the County of Archuleta, State of Colorado

Betty A. Diller

By: /s/ Betty A. Diller, Public Trustee

The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Cristel D. Shepherd #39351

Deanne R. Stodden #33214

Jennifer C. Rogers #34682

Christopher T. Groen #39976

Jeffrey C. Gaston #40389

Jeffrey C. Gaston #40389

Elizabeth S. Marcus #16092

Britney Beall-Eder #64935

Kimberly L. Martinez #40351

Jason C. Hilliard #40856

Caren Jacobs Castle #11790

Barbara Bader #10394

Katharine E. Fisher #39230

Anthony L. Converse #40212

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 #: 10-13897

©Colorado Public Trustees’ Association Revised 12/2009

Published September 23, 30, October 7, 14 and 21, 2010 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 133-2010

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On July 29, 2010, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s) Patrick T Condon

Original Beneficiary(ies) IndyMac Bank, F.S.B., a federally chartered savings bank

Current Holder of Evidence of Debt OneWest Bank, FSB

Date of Deed of Trust 4/30/2004

County of Recording Archuleta

Recording Date of Deed of Trust 5/10/2004

Recording Reception Number 20404090

Original Principal Amount $168,000.00

Outstanding Principal Balance $176,423.43

Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

LOT 487, PAGOSA HIGHLANDS ESTATES, ACCORDING TO THE PLAT THEREOF FILED FEBRUARY 7, 1972 AS RECEPTION NO. 75409 IN THE OFFICE OF CLERK AND RECORDER, COUNTY OF ARCHULETA, STATE OF COLORADO.

Also known by street and number as: 359 Monte Vista 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 Notice of Election and Demand for sale as provided by law and in said Deed of Trust.

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 11/18/2010, at 449 San Juan St., Pagosa Springs, CO 81147, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 9/23/2010

Last Publication: 10/21/2010

Name of Publication: Pagosa Springs Sun

DATE: 07/29/2010

Public Trustee in and for the County of Archuleta, State of Colorado

Betty A. Diller

By: /s/ Betty A. Diller, Public Trustee

The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Robert J. Hopp #26818

Wayne E. Vaden #21026

Robert J Hopp and Associates LLC P.O. Box 8689, Denver, CO 80201 (303) 225-0800

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 #: 10-03335CO

©Colorado Public Trustees’ Association Revised 12/2009

Published September 23, 30, October 7, 14 and 21, 2010 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 125-2010

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On July 16, 2010, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s) Robert A Holthaus, a Single Man

Original Beneficiary(ies) Provident Funding Associates, L.P.

Current Holder of Evidence of Debt Mortgage Electronic Registration Sytems, Inc. as a nominee for Provident Funding Associates, L.P.

Date of Deed of Trust 2/22/2008

County of Recording Archuleta

Recording Date of Deed of Trust 2/27/2008

Recording Reception Number 20801392

Original Principal Amount $305,000.00

Outstanding Principal Balance $305,000.00

Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

Please see attached legal description.

EXHIBIT “A”

A parcel of land lying and being a portion of the NW1/4 of Section 32, Township 35 North, Range 1 West, N.M.P.M., Archuleta County, Colorado, being more particularly described as follows, to-wit:

BEGINNING in Deed to Earle E. Hise and Iola R. Hise recorded December 12, 1969, in Book 121 at Page 361, said Southwest Corner being a point on the East right of way line of State Highway No. 84, whence the Southwest Corner of said Section 32 bears South 06° 53’ East, 4,377.45 feet;

Thence North 04° 40’ East, 250.9 feet along said East right of way line to the Northwest Corner of said tract;

Thence South 83° 16’ East, 920.14 feet along the Northerly line of said tract to the Northeast Corner of said tract and the True Point of Beginning for this description;

Thence South 83° 16’ East, 1,141.51 feet to a point;

Thence South 09° 25’ East, 144.0 feet;

Thence South 22° 32’ West, 117.06 feet;

Thence North 83° 16’ West, 1,149.64 feet;

Thence North 06° 44’ East, 250.95 feet to the True Point of Beginning.

TOGETHER WITH a perpetual roadway easement with others over and across a strip of land 30 feet in width lying 15 feet on either side of the following described centerline:

BEGINNING at the point of beginning of the tract of land described in Book 121 at Page 361 aforesaid;

Thence South 04° 40’ West along said East right of way line of State Highway No. 84, 250. 9 feet to the true point of beginning of said centerline;

Thence South 83° 16’ East along the Southerly line of the tract described in Book 121 at Page 361 aforesaid, 1,875.64 feet to a point;

Thence North 267.5 feet to the point of ending.

LESS AND EXCEPT that tract of land described in Warranty Deed recorded September 27, 1983 as Reception No. 118905 in Book 203 at Page 134.

APN# 570132200007

Also known by street and number as: 374 Whitaker Place, Pagosa Springs, CO 81147

NOTICE OF SALE

The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust.

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 11/18/2010, at 449 San Juan St., Pagosa Springs, CO 81147, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 9/23/2010

Last Publication: 10/21/2010

Name of Publication: Pagosa Springs Sun

DATE: 07/16/2010

Public Trustee in and for the County of Archuleta, State of Colorado

Betty A. Diller

By: /s/ Betty A. Diller, Public Trustee

The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Woodall & Wasserman 1199 Bannock Street, Denver, CO 80204 (303) 813-1177

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 #: 374 Whitaker Pl

©Colorado Public Trustees’ Association Revised 12/2009

Published September 23, 30, October 7, 14 and 21, 2010 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 127-2010

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On July 16, 2010, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s) Christopher C. Curren and Linda Dianne Calderon

Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., as nominee for Main Stream Financial, Inc

Current Holder of Evidence of Debt BAC Home Loans Servicing, L.P.

Date of Deed of Trust 9/16/2005

County of Recording Archuleta

Recording Date of Deed of Trust 9/22/2005

Recording Reception Number 20509999

Original Principal Amount $220,000.00

Outstanding Principal Balance $206,754.15

Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE

EXHIBIT A

127-2010

Lot 629X, being a consolidation of Lots 628, 629, and 630, Twincreek Village, according to the plat thereof filed November 5, 1973, as Reception No. 78739, and as defined and described in Resolution No.2000-44 recorded May 23, 2000 as Reception No. 20004597 in the office of the Clerk and Recorder, Archuleta County, Colorado.

Also known by street and number as: 77 Fisher Ct, 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 Notice of Election and Demand for sale as provided by law and in said Deed of Trust.

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 11/18/2010, at 449 San Juan St., Pagosa Springs, CO 81147, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 9/23/2010

Last Publication: 10/21/2010

Name of Publication: Pagosa Springs Sun

DATE: 07/16/2010

Public Trustee in and for the County of Archuleta, State of Colorado

Betty A. Diller

By: /s/ Betty A. Diller, Public Trustee

The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Cristel D. Shepherd #39351

Deanne R. Stodden #33214

Jennifer C. Rogers #34682

Christopher T. Groen #39976

Jeffrey C. Gaston #40389

Jeffrey C. Gaston #40389

Elizabeth S. Marcus #16092

Britney Beall-Eder #64935

Kimberly L. Martinez #40351

Jason C. Hilliard #40856

Caren Jacobs Castle #11790

Barbara Bader #10394

Katharine E. Fisher #39230

Anthony L. Converse #40212

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 #: 10-13679

©Colorado Public Trustees’ Association Revised 12/2009

Published September 23, 30, October 7, 14 and 21, 2010 in The Pagosa Springs SUN.

_________________________________________

ORDINANCE NO. 10-2010

AN ORDINANCE REPEALING EXISTING MORITORIUM AND ENABLING THE OPERATION OF CERTAIN OPERATIONS PURSUANT TO AND CONSISTENT WITH ARTICLE XVIII, SECTION 14 OF THE COLORADO CONSTITUTION, AND DECLARING AN EFFECTIVE DATE.

WHEREAS, the voters of Colorado approved Amendment 20 at the 2000 general election, which was subsequently codified as Section 14 of Article XVIII of the Colorado Constitution, and which authorizes the medical use of marijuana by persons in Colorado suffering from debilitating medical conditions; and

WHEREAS, as a result of recent modifications to Federal law enforcement policy concerning the prosecution of Federal marijuana violations in States which have legitimized the use of marijuana for medical purposes, medical marijuana centers have increased within the State of Colorado, as well as other states that have adopted constitutional provisions authorizing the medical use of marijuana; and

WHEREAS, the Board of County Commissioners has previously adopted Resolution No 2010-38 which generally provided for a moratorium on all medical marijuana facilities up to and including December 31, 2010; and

WHEREAS, House Bill 10-1284 was subsequently passed by the Colorado Legislature and signed into law by the Governor on June 7, 2010; and

WHEREAS, House Bill 10-1284 establishes a dual licensing framework for medical marijuana facilities, introduces new terminology with respect to such facilities, significantly restricts the types of licenses that may be issued within the State of Colorado, and provides for subsequent rule-making authority in favor of the Colorado Department of Revenue to implement the legislation; and

WHEREAS, the revocation of the Moratorium imposed by Resolution No. 2010-38 and the adoption of the procedures and regulations contained herein is both necessary and appropriate to coordinate local regulations pertaining to medical marijuana with the regulatory provisions set forth in House Bill 10-1284; and

WHEREAS, public hearing has heretofore been held pursuant to notice, and the Board of County Commissioners has concluded, subsequent to said hearing, that the repeal of Resolution No. 2010-38 and the adoption of this Ordinance with its rules, procedures and regulations pertaining to medical marijuana would be in the best interests of the citizens of Archuleta County;

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ARCHULETA COUNTY:

Section 1. That Resolution No. 2010-38 of the Board of County Commissioners of Archuleta County should be, and the same is, hereby repealed in its entirety.

Section 2. Legislative intent and purpose.

(a) Legislative Intent: The Board of County Commissioners by this Ordinance intends to regulate the use, acquisition, production and distribution of medical marijuana in a manner consistent with Article XVIII, Section 14 of the Colorado Constitution (the “Medical Marijuana Amendment”).

(1) The Medical Marijuana Amendment to the Colorado Constitution does not provide a legal manner for patients to obtain medical marijuana unless the patient grows the marijuana or the marijuana is grown by the patient’s primary caregiver.

(2) House Bill 10-1284, signed by the Governor on June 7, 2010, enacts Article 43.3 of Title 12, Colorado Revised Statutes, (the “Colorado Medical Marijuana Code”) which imposes statewide regulations pertaining to the use, acquisition, production, sale and distribution of medical marijuana and marijuana-infused products within the State of Colorado.

(3) Nothing within this section is intended to promote or condone the production, use, sale or distribution of medical marijuana other than in compliance with applicable state law.

(b) Purpose: The purpose of this Ordinance is to implement the Medical Marijuana Amendment in a manner consistent with Article 43.3 of Title 12, Colorado Revised Statutes, to protect the public health, safety and welfare of the residents and patients of the County by prescribing the manner in which medical marijuana businesses may be conducted within the County. Further, the purpose of this section is to:

(1) Provide for the safe sale and distribution of marijuana to patients who qualify to obtain, possess and use marijuana for medical purposes under the Medical Marijuana Amendment.

(2) Protect public health and safety through reasonable limitations on business operations as they relate to noise, air and water quality, neighborhood and patient safety, security for businesses and their personnel, and other health and safety concerns.

(3) Promote high quality neighborhoods by limiting the concentration of any one type of business in specific areas.

(4) Impose fees to cover the cost to Archuleta County of licensing medical marijuana businesses.

(5) Adopt a mechanism for monitoring compliance with the provisions of this Ordinance.

(6) Create regulations that address the particular needs of patients and residents of the County and coordinate with laws enacted by the state that pertain to the issue.

(7) Facilitate the implementation of the Medical Marijuana Amendment without exceeding the authority granted by such Amendment.

Section. 3. Definitions.

The following words and phrases used in this Ordinance shall have the following meanings unless the context clearly indicates otherwise:

(a) “Business manager” means the individual designated by the owner of the medical marijuana business and registered with the County as the person responsible for all operations of the business during the owner’s absence from the business premises.

(b) “Good cause” shall have the same meaning as set forth in C.R.S., §12-43.3-104(1).

(c) “Licensed premises” means the premises specified in an application for a license under this ordinance 10-2010, which is owned or in possession of the licensee, and within which the licensee is authorized to manufacture, distribute or sell medical marijuana in accordance with the provisions of the Division.

(d) “Licensee” shall have the same meaning as set forth in C.R.S., §12-43.3-104(4).

(e) “Local licensing authority” shall mean an authority established and appointed by the Board of County Commissioners to approve the issuance of licenses pursuant to this Ordinance, and to administer other provisions set forth herein in the event no such authority is established the Board of County Commissioners shall serve as the Local Licensing Authority.

(f) “Medical marijuana” shall have the same meaning as set forth in C.R.S., §12-43.3-104(7).

(g) “Medical marijuana business” shall mean a person holding a medical marijuana center license, as defined in C.R.S., §12-43.3-402, a medical marijuana-infused products manufacturing license, as defined in C.R.S., §12-43.3-404, and optional premises cultivation license, as defined in C.R.S., §12-43.3-403, any patient that cultivates, produces, sells, distributes, possesses, transports, or makes available marijuana in any form to another patient or to a primary caregiver for medical use, or a primary caregiver that cultivates, produces, sells, distributes, possesses, transports, or makes available marijuana in any form to more than one patient. The term “medical marijuana business” shall not include the private possession, production, distribution and medical use of marijuana by an individual patient or an individual caregiver for one patient in the residence of the patient or caregiver to the extent permitted by Article XVIII, Sec. 14 of the Colorado Constitution or any other applicable state law or regulation.

(h) “Medical marijuana center” shall have the same meaning as set forth in C.R.S., §12-43.3-104(8).

(i) “Medical marijuana-infused product” shall have the same meaning as set forth in C.R.S., §12-43.3-104(9).

(j) “Medical use” shall have the same meaning as set forth in Article XVIII, Sec. 14(1)(d) of the Colorado Constitution, or as may be more fully defined in any applicable state law or regulation.

(k) “Optional premises” shall have the same meaning as set forth in C.R.S., §12-43.3-104(11).

(l) “Patient” shall have the same meaning as set forth in Article XVIII, Sec. 14(1)(d) of the Colorado Constitution, or as may be more fully defined in any applicable state law or regulation.

(m) “Person” means a natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, director, servant, officer or employee thereof.

(n) “Premises” means a distinct definite location which may include a building, a part of a building, a room, or any other definite contiguous area.

(o) “Primary caregiver” shall have the same meaning as is set forth in Article XVIII, Sec. 14(1)(d) of the Colorado Constitution, or as may be more fully defined in any applicable state law or regulation.

(p) “School” means a public or private preschool, or a public, private or charter elementary, middle, junior high or high school.

Section. 4. License required.

It shall be unlawful for any person to operate a medical marijuana business without first having obtained a license to operate pursuant to the provisions of this Ordinance and having paid the fee therefore. The licensing requirement applies to all medical marijuana businesses that exist on the effective date of this Ordinance adopting this provision and any medical marijuana businesses established after such effective date.

(a) Any medical marijuana business that commenced operation prior to the effective date of the Ordinance adopting this provision, which is in a location where the business qualifies as a use permitted by right in the zone district in which it is located, and which has obtained a valid sales and use tax license from the State of Colorado, may continue to operate pending final action on an application for a license pursuant to this section, which application must be filed with the County no later than October 31, 2010.

(b) Pursuant to the provisions of Article 43.3, Title 12, Colorado Revised Statutes, medical marijuana businesses shall be licensed by the County in one of the following categories:

(1) Medical marijuana center, as defined in C.R.S., §12-43.3-104(8). Such centers shall meet all criteria and requirements of C.R.S., §12-43.3-402, as well as all other regulatory requirements applicable to medical marijuana centers set forth within this Division and within Article 43.3 of said Title 12, C.R.S.

(2) Medical marijuana-infused products manufacturer, as defined in C.R.S., §12-43.3-104(8). Such centers shall meet all criteria and requirements of C.R.S., §12-43.3-404, as well as all other regulatory requirements applicable to medical marijuana-infused products manufacturing set forth within this Ordinance and within Article 43.3 of said Title 12, C.R.S.

(c) The optional premises cultivation license referenced in C.R.S., §12-43.3-403 will not be issued by the County. Marijuana growing operations, except those grown in connection with the operation of a Medical marijuana center are prohibited in the County, due to impacts on adjoining properties, as well as fire, safety, and health risks associated with such facilities.

(d) The licensing requirements set forth in this section shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federal, state or local law, including, but not by way of limitation, a retail sales and use tax license, retail food establishment license, or any applicable zoning or building permit.

(e) No license for a medical marijuana center or a medical marijuana-infused products manufacturer shall be issued by the County until a license for such use, at the location designated in the application, has been issued by the Department of Revenue of the State of Colorado.

(f) The issuance of a license pursuant to this Ordinance does not create a defense, exception or provide immunity to any person in regard to any potential criminal liability the person may have for the production, distribution or possession of marijuana.

(g) A separate license shall be required for each location from which a medical marijuana business is operated.

(h) All medical marijuana business licenses issued by the County shall be valid for a period of one year from the date such license is issued. Renewal applications shall be filed at least 60 days prior to the expiration date of the existing license.

(i) Licensees shall report each transfer or change of ownership interest, change in business manager, or change in financial interest on forms provided by the Archuleta County Development Services. An application for a change of business manager shall be submitted at least 30 days prior to any such change to provide necessary time for the background check and processing of the application.

Section. 5. Application.

An application for a medical marijuana business license shall be made on forms provided by the Archuleta County Development Services for such purposes. The application shall be used to demonstrate compliance with the provisions of this Ordinance and any other applicable law, rule or regulation. In addition to general information required of standard applications, the application shall require the following information:

(a) Name and address of the owner or owners of the medical marijuana business in whose name the license is proposed to be issued.

(1) If the owner is a corporation, this shall include the name and address of any officer or director of the corporation, and of any person holding any financial interest in the corporation, whether as a result of the issuance of stock, instruments of indebtedness, or otherwise; provided, however, this shall not require disclosure of information pertaining to a bank, savings and loan association or other commercial lender which has loaned funds to the applicant.

(2) If the owner is a partnership, association or limited liability company, the name and address of all partners, members, managers or persons holding any financial interest in the partnership, association or limited liability company, including those holding an interest as the result of instruments of indebtedness; provided, however, this shall not require disclosure of information pertaining to a bank, savings and loan association or other commercial lender which has loaned funds to the applicant.

(3) If the owner is not a natural person, the organizational documents for all entities identified in the application, and the contact information for the person who is authorized to represent the entity or entities.

(b) Name and address of the manager of the medical marijuana business, if the manager is proposed to be someone other than the owner, or if the owner is an entity other than a natural person.

(c) Name and address of all persons holding any financial interest in the medical marijuana business.

(d) A statement of whether or not any of the named owners, members, business managers, parties with a financial interest, or persons named on the application have been:

(1) Denied an application for a medical marijuana business license by any other jurisdiction, including the State of Colorado, or had such license suspended or revoked.

(2) Denied an application for a liquor license pursuant to Title 12, Article 46 or 47, C.R.S., or had any such license suspended or revoked.

(3) Within the previous ten (10) years, convicted, entered a plea of nolo contendre, or entered a plea of guilty in conjunction with a deferred sentence and judgment pertaining to any charge related to possession, use, or possession with intent to distribute narcotics, drugs or controlled substances.

(4) Within the previous ten (10) years, convicted, entered a plea of nolo contendre, or entered a plea of guilty in conjunction with a deferred sentence and judgment pertaining to any charge related to driving or operating a motor vehicle while under the influence of or while impaired by alcohol or controlled substances.

(e) Proof of ownership or legal possession of the premises proposed for the medical marijuana business for at least the term of the proposed license.

(f) An operating plan for the proposed medical marijuana business which includes a description of the products (meaning specifically marijuana products) and services to be provided by the business, including whether the business proposes to engage in the production of retail sale of food or other products for human ingestion, and whether any products or services will be provided at a location different than the address on the license application.

(g) A dimensioned floor plan of the licensed premises, clearly labeled, not larger in size then 8 ½ inches by 11 inches and showing:

(1) The layout of the structure and the floor plan where the medical marijuana business is to be located;

(2) The principle uses of the floor area depicted on the floor plan, including but not limited to, the areas where non-patients will be permitted, private consulting areas, storage areas, retail sales areas, and areas where medical marijuana will be distributed;

(3) Production areas, if any, which shall not be open to any persons other than those employed by the business;

(4) Areas where any services other than the distribution or sale of medical marijuana is proposed to occur on the licensed premises; and

(5) The separation of those areas that are open to persons who are not patients from those areas open only to patients;

(6) The location of the steel door and any safes as well as any doors and windows.

(h) A security plan indicating how the applicant will comply with all applicable State and County. The applicant may submit the portions of such security plan which include trade secrets or specialize security arrangements confidentially. The County will not disclose documents appropriately submitted under the Colorado Open Records Act [§24-72-201, et seq., C.R.S.] if they constitute confidential trade secrets or specialized security arrangements to any party other than law enforcement agencies. Any document that the applicant considers eligible for protection under the Colorado Open Records Act shall be clearly marked as confidential and the reasons for such confidentiality, including a citation to relevant statutory authority shall be stated on the document.

(i) A lighting plan showing the lighting outside the medical marijuana business for security purposes and compliance with applicable County requirements.

(j) An area map, drawn to scale, indicating, within a radius of one-quarter mile from the boundaries of the property upon which the medical marijuana business is located, the proximity of the property to any school as “school” is defined in this Ordinance, any other medical marijuana business, or any residential zone district.

(k) Finger prints and personal histories for all owners, business managers, employees and parties having a financial interest in the proposed medical marijuana business, as defined in State Statutes or this Ordinance. All such individuals shall be subject to a criminal background check in conjunction with the license application.

(l) An application for a medical marijuana business license shall be accompanied by the application fee, criminal background check fee, and annual license fee, together with any other applicable fees. Such fees shall be established by resolution of the Board of County Commissioners.

(m) An inspection of the proposed medical marijuana business by the County and/or by the Pagosa Fire & Protection District, if the premises are within the Service Area of said Pagosa Fire & Protection District, shall be required prior to the hearing before the Board of County Commissioners regarding the issuance of a license. Such inspection shall occur after the licensed premises is ready for operation, but prior to the hearing before the Board of County Commissioners regarding the issuance of a license. The inspection shall verify that the premises is constructed and operated in accordance with the submitted application, and that such premises is in compliance with applicable codes, including, but not limited to the Uniform Building Code and Uniform Fire Code.

(n) The Archuleta County Development Services may issue a medical marijuana business license if the inspection, background checks, and all other information available to the County verify that the applicant has submitted a full and complete application, has made improvements to the business consistent with the application, and is prepared to operate the business with other owners and managers as set forth in the application, all in compliance with the provision of this Ordinance and any other applicable law, rule or regulation.

The application will be denied if it fails to meet the requirements of this section or if it is found to contain any false or incomplete information.

(o) All applications for a new medical marijuana business license shall require a public hearing before the local licensing authority appointed by the Board of County Commissioners, inclusive of publication and posting requirements, as set forth in §12-43.3-302, C.R.S.

Section. 6. Persons prohibited as licensees.

The criteria for determination of those persons who are not eligible to receive a medical marijuana business licenses shall be as provided in §12-43.3-307, C.R.S.

Section. 7. Permitted locations.

(a) Medical marijuana businesses including but not limited to medical marijuana-infused products manufacturing businesses may be allowed in the commercial (C) or industrial (I) zones. Medical marijuana dispensaries shall not be allowed within any residentially zoned areas and shall not be allowed as a home occupation.

(b) Any medical marijuana business located within the County shall be located not less than 1,500 feet from any school, as “school” is defined in this Ordinance, any licensed day care facility, or dedicated public park, whether located within or outside the corporate limits of the County. The suitability of a location for the medical marijuana business shall be determined at the time of the issuance of the first license for such business. The fact that changes in the neighborhood that occur after the issuance of the first license might render the site unsuitable for a medical marijuana business under this section shall not be grounds to suspend, revoke or refuse to renew the license for such business so long as the license for the business remains in effect. Nothing within this section shall preclude the establishment of a public, private or charter school, licensed day care facility, licensed pre-school or dedicated public park within 500 feet of a pre-existing medical marijuana business.

(c) For purposes of this section, distances shall be measured consistent with the language set forth in C.R.S., §12-47-313(1)(d)(II).

Section. 8. Requirements related to operation of medical marijuana business.

(a) All medical marijuana businesses shall collect and remit all applicable State, and County sales taxes in a timely manner. The name and contact information for the owner or owners and any business manager of the medical marijuana business and the sales tax license for the business shall be conspicuously posted in the business. Their State and County license to engage in a Medical Marijuana Business shall also be posted.

(b) Medical marijuana businesses shall limit their hours of operation to between 10:00 a.m. and 7:00 p.m.

(c) Any medical marijuana business within the County shall be required to have a fully operational alarm system which must be properly maintained. Such alarm systems shall have video surveillance coverage of the premises at all times and shall have redundant power supplies and circuitry to prevent de-activation, either intentional or unintentional. If an alarm system is deactivated, the company monitoring the systems must immediately notify the Sheriff’s department.

(d) Medical marijuana businesses with marijuana or marijuana-infused products on site shall be equipped with a steel door or a solid wood core door with deadbolts in place and engaged for purposes of securing the space or location where medical marijuana or medical marijuana-infused products are stored, or where any medical marijuana transaction is to take place. In addition thereto, each medical marijuana business shall be equipped with at least one silent alarm for every 500 square feet of interior business space.

(e) Medical marijuana businesses shall apply for a sign permit through Archuleta County Development Services. All exterior signage associated with a medical marijuana business will meet the standards established in the County Code. In addition, no exterior signage shall use the word “marijuana,” “cannabis” or any other word, phrase or symbol commonly understood to refer to marijuana.

(f) The smoking of marijuana within a perimeter of 50 feet of a medical marijuana business is prohibited.

(g) All inventory containing any form of marijuana must be placed within a locked safe on the premises during hours that the business is closed. The safe must be securely bolted to the floor or installed as part of the foundation of the building in which the medical marijuana business is located.

(h) It shall be unlawful for any medical marijuana business to employ any person who is not at least 18 years of age.

(i) Any and all production, distribution, possession, storage, display, sales or other distribution of marijuana shall occur within an enclosed building and shall not be visible from the exterior of the building.

(j) No licensed premises shall be managed by any person other than the licensee or the business manager listed on the application for the license, renewal application, or change of manager application. Such licensee or business manager shall be on the premises and responsible for all activities within the licensed premises during all times when the business is open.

(k) There shall be posted in a conspicuous location in each medical marijuana business a legible sign containing the following warnings:

(1) A warning that the diversion of marijuana for non-medical purposes is a violation of state law;

(2) A warning that the use of medical marijuana may impair a person’s ability to drive a motor vehicle or operate machinery, and that it is illegal under state law to drive a motor vehicle or operate machinery when under the influence of or impaired by marijuana;

(3) A warning that loitering in or around the medical marijuana business is prohibited by state law;

(4) A warning that possession and distribution of marijuana is a violation of federal law;

(5) A warning that smoking of marijuana within a medical marijuana business or within 50 feet of such a business is unlawful; and

(6) A warning that the smoking or consumption of marijuana in public is prohibited by state law.

Section. 9. Right of entry – records to be maintained.

(a) Each licensee of a medical marijuana business shall keep and maintain a complete set of books of account, invoices, copies of orders and sales, shipping receipts, bills of lading, correspondence, and all other records necessary to show fully the business transactions of such license. The licensee shall also maintain records which verify that no more marijuana was within the medical marijuana business than allowed by applicable law for the number of patients who designated the medical marijuana business owner as their primary caregiver. All such records shall be open at all times during business hours for inspection and examination by the County Administrator or his duly authorized representative(s). The County may require the licensee to furnish such information as it considers necessary for the proper administration of this Ordinance. The records shall clearly show the source, amount, price and dates of all medical marijuana received or purchased, and the amount, price, dates and patient or caregiver for all medical marijuana sold.

(b) By accepting the medical marijuana business license, the licensee is providing consent to disclose the information required by this section, including information about the number of patients and caregivers. Any records provided by the licensee that include patient or caregiver confidential information may be submitted in a manner that maintains the confidentiality of the document(s) under the Colorado Open Records Act [C.R.S., §24-72-201, et seq.] or other applicable law. Any document that the applicant considers eligible for protection under the Colorado Open Records Act shall be clearly marked as confidential and the reasons for such confidentiality shall be stated on the document including but not limited to reference to the statutory authority under which confidentiality is claimed. The County will not disclose documents appropriately submitted under the Colorado Open Records Act [§24-72-201, et seq., C.R.S.] as confidential documents to any party other than law enforcement agencies.

(c) The County may require an audit to be made of such books of account and records as it may deem necessary. Such audit may be made by an auditor selected by the County, who shall likewise have access to all books and records of such licensee. The expense of any audit determined to be necessary by the County shall be paid by the County; provided, however, should the audit reflect a failure of the licensee, in whole or in part, to timely remit all sales taxes due to the County, the expense of the audit shall be paid by the licensee.

(d) Acceptance of a medical marijuana business license from the County constitutes consent by the licensee, owners, managers and employees of such business to permit the County Administrator, or his authorized representatives, to conduct routine inspections of the licensed medical marijuana business to assure compliance with this Ordinance or any other applicable law, rule or regulation.

Section. 10. Suspension or revocation of license.

The grounds for suspension or revocation of a medical marijuana business license and the procedures for such suspension or revocation shall be as provided in §12-43.3-601, C.R.S.

Section 11. Renewal

The process for renewal shall be the same as for the initial application including but not limited to background checks, finger prints, submission of drawings and inspection by fire and/or building officials.

Section 12. Effective Date.

This ordinance shall become effective upon its passage.

APPROVED AND ADOPTED IN PAGOSA SPRINGS, ARCHULETA COUNTY, COLORADO, this ___ day of _____, 2010.

Board of Commissioners

Clifford Lucero, Chairman

ATTEST:

County Clerk & Recorder, June Madrid

Published September 23, 2010 in The Pagosa Springs SUN.

_________________________________________

A Conceptual Development Plan review for a 641 dwelling unit, golf course, hotel/community center Planned Unit Development (PUD) will be considered by the Board of County Commissioners for approximately 1,353.76 acres in the general vicinity of Highway 84 and Country Road 119 (aka Light Plant Rd.) approximately 2 miles south of the intersection of Highway 84 and Highway 160 (approximately Sections 20, 21, 28, 29 and 30, of Township 35 North, Range 1 West N.M.P.M.).

The property extends east of Highway 84 at County Rd. 119 (aka Light Plant Rd.), north of Easy Street and south of Cross Creek Pl. There is an approximately 20-year time horizon in the proposal for constructing all the units which would require the property obtain vested rights. This Conceptual Development Plan review is to afford the Planning Commission a very preliminary inspection of the conceptual plan allow the Public and Planning Commission to give feedback to the developer and eventually to the Board of County Commissioners for their consideration prior to granting any vested rights for the property.

Comments or questions regarding this proposal may be directed to the Archuleta County Planning Department, P.O. Box 1507, Pagosa Springs, CO 81147-1507, telephone: (970) 731-3877 prior to the public meeting on October 6, 2010 at 1:30 p.m. in the County Courthouse. The public is welcome and invited to attend the meeting.

Published September 23 and 30, 2010 in The Pagosa Springs SUN.

_________________________________________

Request for Proposal: Information Technology Support Services. The Archuleta County Board of County Commissioners invites qualified firms to submit proposals to provide Information Technology Support Services for Archuleta County. Sealed proposals (marked “FOR INFORMATION TECHNOLOGY SUPPORT SERVICES”) will be accepted by Larry Walton, Contracts and Procurement Officer, 449 San Juan Street, Pagosa Springs, CO 81147 until October 14th, 2010 at 2:00 PM local time. For a copy of the full Request for Proposal, please contact Larry Walton, Contracts and Procurement Officer at (970) 264-8555, or by email lwalton@archuletacounty.org.

Published September 16 and 23, 2010 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 123-2010

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On July 14, 2010, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s) Teddy M. Herzog

Original Beneficiary(ies) Citizens Bank of Pagosa Springs

Current Holder of Evidence of Debt Citizens Bank of Pagosa Springs

Date of Deed of Trust 7/21/2006

County of Recording Archuleta

Recording Date of Deed of Trust 7/25/2006

Recording Reception Number 20607093

Original Principal Amount $422,500.00

Outstanding Principal Balance $405,589.54

Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

Lot 12 of Block 27 in Town of Pagosa Springs

Also known by street and number as: 169 Pagosa 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 Notice of Election and Demand for sale as provided by law and in said Deed of Trust.

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 11/04/2010, at 449 San Juan St., Pagosa Springs, CO 81147, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 9/9/2010

Last Publication: 10/7/2010

Name of Publication: Pagosa Springs Sun

DATE: 07/14/2010

Public Trustee in and for the County of Archuleta, State of Colorado

Betty A. Diller

By: /s/ Betty A. Diller, Public Trustee

The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

William J. Darling ##32929

William J. Darling P O Box 959, Pagosa Springs, CO 81147 (970) 731-4580

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 #: CI70-022

©Colorado Public Trustees’ Association Revised 12/2009

Published September 9, 16, 23, 30 and October 7, 2010 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):

JAMES F. BURT, JOHN LES HERNANDEZ, JOYCE A. HERNANDEZ, ERICK JAROSZ, PRISCILLA JAROSZ, RICK V. KOONTZ, SUSANNE O. KOONTZ, DANNY LEONARD DBA D&L ENTERPRISES AND LAURA LEONARD DBA D&L ENTERPRISES, ROBERT G. PORTER AND MICHELLE R. PORTER

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: 2010-CV-048

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/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 July 12, 2010, 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, Esq., Reg. No. 010629; Shand, Newbold & Chapman, P.C., 150 East 9th Street, Suite 400, Durango, Colorado 81301; (970) 247-3091.

1. As to Defendant James F. Burt (Contract #17-9606272), the property is described as:

A 49,000/35,486,000 undivided fee simple absolute interest in Units 7807-7810 in Buildings 4 and 5, as tenants in common with the other undivided interest owners of said buildings of PEREGRINE TOWNHOUSES PHASE II, as depicted on the Plat recorded at Reception Number 173554, subject to Declaration of Protective Covenants and Interval Ownership for Peregrine Townhouses recorded at Reception Number 173556, and any amendments and supplements thereto, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

with the Mortgage being dated September 10, 1996, and recorded on February 25, 1997 at Reception 97001298. The outstanding balance due and owning on such judgment is:

Original Principal: $3,520.00 Unpaid Principal: $326.72

Interest at 15%: $24.71 Late Fees: $315.55

Costs: $373.65 Attorney Fees: $1,100.00

Judgment Total: $2,542.74

2. As to Defendants John Les Hernandez and Joyce A. Hernandez (Contract #17-9900055), the property is described as:

A 49,000/17,743,000 undivided fee simple absolute interest in Units 7837-7838 in Building 19, as tenants in common with the other undivided interest owners of said building of PEREGRINE TOWNHOUSES PHASE IV, as depicted on the Plat recorded at Reception Number 98002629, subject to Declaration of Protective Covenants and Interval Ownership for Peregrine Townhouses recorded at Reception Number 173556, First Supplemental Declaration recorded April 8, 1998 as Reception No. 98002628 and any amendments and supplements thereto, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

with the Mortgage being dated December 1, 1998, and recorded on December 1, 1998 at Reception 99008929. The outstanding balance due and owning on such judgment is:

Original Principal: $4,590.00 Unpaid Principal: $660.18

Interest at 15%: $49.92 Late Fees: $289.76

Costs: $345.65 Attorney Fees: $1,100.00

Judgment Total: $2,888.86

3. As to Defendants Erick Jarosz and Priscilla Jarosz (Contract #17-0112734), the property is described as:

A 154,000/60,310,500 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 a/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(s).

with the Mortgage being dated August 25, 2001, and recorded on April 16, 2002 at Reception 20203483. The outstanding balance due and owning on such judgment is:

Original Principal: $13,410.00 Unpaid Principal: $5,972.18

Interest at 15%: $451.59 Late Fees: $160.00

Costs: $251.64 Attorney Fees: $1,100.00

Judgment Total: $9,983.18

4. As to Defendants Rick V. Koontz and Susanne O. Koontz (Contract #17-9811179), the property is described as:

A 105,000/17,743,000 undivided fee simple absolute interest in Units 7833-7834 in Building 17, as tenants in common with the other undivided interest owners of said building of PEREGRINE TOWNHOUSES PHASE IV, as depicted on the Plat recorded at Reception Number 98002629, subject to Declaration of Protective Covenants and Interval Ownership for Peregrine Townhouses recorded at Reception Number 173556, First Supplemental Declaration recorded April 8, 1998 as Reception No. 98002628 and any amendments and supplements thereto, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

with the Mortgage being dated September 12, 1998, and recorded on March 23, 1999 at Reception 99002633. The outstanding balance due and owning on such judgment is:

Original Principal: $8,840.00 Unpaid Principal: $983.55

Interest at 15%: $74.37 Late Fees: $169.33

Costs: $373.25 Attorney Fees: $1,100.00

Judgment Total: $3,378.19

5. As to Defendants Danny Leonard DBA D&L Enterprises and Laura Leonard DBA D&L Enterprises (Contract #17-0408504), the property is described as:

A 154,000/63,185,500 undivided fee simple absolute ownership interest in Units 1411, 1412, 1413, 1415, 1416, 1421, 1422, 1423, 1424, 1425 and 1426 in Building 14, as tenants in common with the other undivided interest owners of said building of TEAL LANDING CONDOMINIUM - PHASE FOUR - AS BUILT BUILDING 14, as depicted on the Plat recorded as Reception No. 20203146, 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, 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 a/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(s).

with the Mortgage being dated September 1, 2004, and recorded on December 15, 2004 at Reception 20411994. The outstanding balance due and owning on such judgment is:

Original Principal: $15,416.65 Unpaid Principal: $11,802.53

Interest at 15%: $892.47 Late Fees: $110.00

Costs: $424.65 Attorney Fees: $1,100.00

Judgment Total: $16,900.97

6. As to Defendants Robert G. Porter and Michelle R. Porter (Contract #17-0100515), the property is described as:

A 77,000/60,310,500 undivided fee simple absolute ownership interest in Units 1111, 1112, 1113, 1114, 1115, 1116, 1121, 1124, 1125 and 1126 in Building 11, as tenants in common with the other undivided interest owners of said building of Teal Landing Condominium, Phase One - As Built Building 11, as depicted on the Plat recorded as Reception No. 20102922, subject to Declaration of Condominium for Teal Landing Condominium recorded at Reception Number 20007580, First Amendment to Declaration of Condominium recorded as Reception No. 20009604, Second Amendment to Declaration recorded as Reception No. 20102923 and Third Amendment to Declaration recorded as Reception No. 20104161, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado. The property described above is a/an Annual ownership interest as described in the Declaration and such ownership interest has been allocated 77,000 points (as defined in the Declaration of Condominium for Teal Landing Condominium) for use by the Grantee in Each year(s).

with the Mortgage being dated January 29, 2001, and recorded on June 18, 2001 at Reception 20104959. The outstanding balance due and owning on such judgment is:

Original Principal: $7,565.00 Unpaid Principal: $356.08

Interest at 15%: $26.93 Late Fees: $150.00

Costs: $301.65 Attorney Fees: $1,100.00

Judgment Total: $2,046.46

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, November 10, 2010, 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.

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 2nd day of Sept., 2010 at Pagosa Springs, Colorado.

/s/ Peter L. Gonzalez, Sheriff,

Peter L. Gonzalez

Archuleta County, Colorado

SALE DATE: WEDNESDAY, NOVEMBER 10, 2010 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 September 9, 16, 23, 30 and October 7, 2010 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 124-2010

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On June 28, 2010, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s) Kim Q. Bishop and Stuart W. Bishop

Original Beneficiary(ies) T & T of Pagosa Springs, L.L.C.

Current Holder of Evidence of Debt T & T of Pagosa Springs, L.L.C.

Date of Deed of Trust 9/5/1997

County of Recording Archuleta

Recording Date of Deed of Trust 9/5/1997

Recording Reception Number 97006855

Original Principal Amount $350,000.00

Outstanding Principal Balance $226,957.48

Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

All that portion of the Westerly 100 feet of GLO Lot 11 and the Easterly 100 feet of GLO Lot 12, Section 14, Township 35 North, Range 2 West, N.M.P.M., Archuleta County, Colorado, lying Northerly of the U.S. Highway 160 right of way line, together will all its appurtenances.

Also known by street and number as: 1300 Highway 160 West, 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 Notice of Election and Demand for sale as provided by law and in said Deed of Trust.

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 10/28/2010, at 449 San Juan St., Pagosa Springs, CO 81147, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 9/2/2010

Last Publication: 9/30/2010

Name of Publication: Pagosa Springs Sun

DATE: 06/28/2010

Public Trustee in and for the County of Archuleta, State of Colorado

Betty A. Diller

By: /s/ Betty A. Diller, Public Trustee

The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

A. Michael Chapman, Esq. #19513

David W. Hall, Esq. #38235

R. Thomas Geyer, Esq. #36277

Shand, Newbold & Chapman Attorneys at Law, 150 East Ninth Street, Suite 400, Durango, CO 81302-2790 (970) 247-3091

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 #: 8100.1

©Colorado Public Trustees’ Association Revised 12/2009

Published September 2, 9, 16, 23 and 30, 2010 in The Pagosa Springs SUN.

_________________________________________

District Court, Archuleta County, State of Colorado

Court Address: 449 San Juan Street, P.O. Box 148

Pagosa Springs, Colorado 81147

Telephone No.: (970) 264-2400

EAGLE’S LOFT PROPERTY OWNERS ASSOCIATION, INC.

Plaintiff

v.

Betty Rushing, the Estate of Betty Rushing, The Personal Representative of Betty Rushing, and the Heirs and Devisees of the Estate of Betty Rushing and All Unknown Persons Who Claim Any Interest In The Subject Matter Of This Action,

Defendant.

Attorney for Plaintiff:

Name: Larry W. Holthus

Address: P.O. Box 1737

Pagosa Springs, Colorado 81147

Telephone No.: (970) 264-4196

Facsimile No.: (970) 264-4197

Atty. Reg. No.: 10535

Case Number: 10CV011

SHERIFF’S COMBINED NOTICE OF SALE, RIGHT TO CURE AND RIGHT TO REDEEM

TO WHOM IT MAY CONCERN:

This is to advise you that the above-captioned action is pending. A Judgment and Decree for Judicial Foreclosure has been entered in this action concerning an assessment lien by the plaintiff Eagle’s Loft Property Owners Association, Inc. pursuant to the Colorado Common Interest Ownership Act, Colorado Revised Statutes, §3-33.3-316(2)(a), and the Plaintiff’s Property Owners Association Declaration for Eagle’s Loft Property Owners Association, Inc. of (said) Assessment Lien being recorded on April 13, 2010 at Reception No. 21002457, in the office of the Clerk and Recorders Office of Archuleta County, Colorado (the “Assessment Lien”).

The real property which is the subject matter of this litigation, which is the property subject to the Assessment Lien, is situation in Archuleta County, and is described as follows, to-wit:

Unit Number 17 Building Number 17, Unit Week Number 34, in “EAGLE’S LOFT – Phase Three, as Reception No. 130203 and in accordance with and as limited and defined by the Declaration of Individual and/or Interval Ownership, recorded under Reception Number 117700 in Book 200 at Page 834 et seq and amendments and supplements thereto in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

The Plaintiff named above is the judgment creditor in this action and the lienor of the property pursuant to the Colorado Common Interest Ownership Act, Colorado revised Statutes, §33-33.3-316(2)(a), and the Plaintiff’s Property Owners Association Declaration for Eagles’ Loft Property Owners Association. As of August 1, 2010, the outstanding balance due and owing on such judgment is $ 3,003.66.

I shall offer for public sale to the highest bidder, for case, at public auction, all the right, title and interest of the defendants in said property on 11/24, 2010 at 10:00 a.m. at the Archuleta County Sheriff’s Office, 449 San Juan St., Pagosa Springs, CO 81147.

NOTE: THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.

Attached hereto are copies of certain Colorado statutes that my vitally affect your property rights in relation to this proceeding. Said proceeding may result in the loss of property in which you have an interest. You may wish to seek the advice of your own private attorney concerning your rights in relation to this foreclosure proceeding.

C.R.S. §38-38-103(4)(a)(II): A notice of intent to cure filed pursuant to section 38-38-104 shall be filed with the officer at least fifteen calendar days prior to the first scheduled sale date or any date to which the sale is continued;

C.R.S. §38-38-103(4)(a)(III): A notice of intent to redeem filed pursuant to section 38-38-302 shall be filed with the officer no later than eight business days after the sale;

INTENT to cure and redeem, as provided by the aforementioned laws, must be directed to or conducted at the Office of the Sheriff for the County of Archuleta, Front Office, 449 San Juan Street, Pagosa Springs, CO 81147.

Dated at Archuleta County, Colorado, this 26th day of August, 2010

/s/ Peter L. Gonzalez

Sheriff, Archuleta County, Colorado

Sale Date: November 24th, 2010 at 10:00 a.m.

Sale #: 2010-22

BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS TO COVER THEIR HIGHEST BID AT THE TIME OF THE SALE. CERTIFIED FUNDS ARE PAYABLE TO THE REGISTRY OF THE ARCHULETA COUNTY DISTRICT COURT.

Colorado Statutes attached: Colorado Revised Statutes §38-37-108, 38-38-103, 38-38-104,38-38-301,38-38-304,38-38-305, and 38-38-306.

Published September 2, 9,16, 23 and 30, 2010 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):

TIMOTHY CALDERON, LACEE R. CALDERON, CYNTHIA A. DAVENPORT, ANDREW J. POPE, GEOFFREY DEAN, SALLY J. DEAN, C. EUGENE FLETCHALL, LINDA L. FLETCHALL, JAMES M. FRITSCH, TIFFANNIE FRITSCH, BONNIE K. GRIFFITH, DALE L. HOLDEN, JEAN E. HOLDEN, JAMES HURLBUT, MARSHA HURLBUT, MARY LEE KOLB AND EDWIN KOLB ALSO KNOWN AS EDWIN B. KOLB, HERMAN L. MILLER, DANA C. MILLER, ALESIA M. SMITH, WILLIAM B. STEPHENS AND SHARON J. STEPHENS

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: 2010-CV-161

SUMMONS BY PUBLICATION

THE PEOPLE OF THE STATE OF COLORADO

TO THE ABOVE-NAMED DEFENDANTS:

You are hereby summoned and required to appear and defend against the claims of the Complaint filed with the Court in this action, by filing with the Clerk of this Court an answer or other response. You are required to file your answer or other response within 30 days after the service of this Summons upon you. Service of this Summons shall be complete on the day of the last publication. A copy of the Complaint may be obtained from the Clerk of the Court.

If you fail to file your answer or other response to the Complaint in writing within 30 days after the date of the last publication, judgment by default may be rendered against you by the Court for the relief demanded in the Complaint without further notice.

This is an action to foreclose on Mortgages and Promissory Notes given by Defendants for the benefit of Plaintiff, and to quiet the title of the Plaintiff in and to the real property situate in Archuleta County, Colorado, more particularly described on Exhibit A, attached hereto and by this reference made a part hereof.

EXHIBIT “A”

Description of Real Property

1. The property belonging to Cynthia A. Davenport and Andrew J. Pope (Contract #17-0304836):

A 84,000/62,896,000 undivided fee simple absolute ownership interest in Units 1611, 1612, 1613, 1614, 1615, 1616, 1621, 1622, 1623, 1624, 1625 and 1626 in Building 16, as tenants in common with the other undivided interest owners of said building of CORRECTION PLAT - TEAL LANDING CONDOMINIUM - PHASE SIX - AS BUILT BUILDING 16, as depicted on the Plat recorded as Reception No. 20304272, 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, Fifth Supplemental Declaration recorded as Reception No. 20206614, First Amendment to Fifth Supplemental recorded December 12, 2002 as Reception No. 20211905, 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 84,000 points (as defined in the Declaration of Condominium for Teal Landing Condominium) for use by the Grantee in Each year.

2. The property belonging to Geoffrey Dean and Sally J. Dean (Contract #17-0404081):

A 154,000/17,743,000 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.

3. The property belonging to James M. Fritsch and Tiffannie Fritsch (Contract #17-0900682):

A 154,000/60,310,500 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 154,000 points (as defined in the Declaration of Condominium for Teal Landing Condominium) for use by the Grantee in Each year.

4. The property belonging to James Hurlbut and Marsha Hurlbut (Contract #17-0702609):

Unit Week Number 12, Unit Number 23, Building Number 23, in “EAGLE’S LOFT - PHASE 3”, according to and as located on the recorded Map thereof filed for record March 19, 1985 as Reception No. 130203, and in accordance with and as limited and defined by the Declaration of Individual and/or Interval Ownership, recorded July 29, 1983 in Book 200 at Page 834 and First Supplemental Declaration of Individual and/or Interval Ownership recorded October 7, 1983 in Book 203 at Page 564 and Second Supplemental Declaration of Individual and/or Interval Ownership recorded May 30, 1984 as Reception No. 123459 and First Amendment to Second Supplemental Declaration of Individual and/or Interval Ownership recorded July 13, 1984 as Reception No. 124494

5. The property belonging to Mary Lee Kolb and Edwin Kolb also known as Edwin B. Kolb (Contract #17-0804066):

A 500,000/17,743,000 undivided fee simple absolute interest in Units 7837-7838 in Building 19, as tenants in common with the other undivided interest owners of said building of PEREGRINE TOWNHOUSES PHASE IV, as depicted on the Plat recorded at Reception Number 98002629, subject to Declaration of Protective Covenants and Interval Ownership for Peregrine Townhouses recorded at Reception Number 173556, First Supplemental Declaration recorded April 8, 1998 as Reception No. 98002628 and any amendments and supplements thereto, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

6. The property belonging to Alesia M. Smith (Contract #17-0310650):

A 84,000/62,896,000 undivided fee simple absolute ownership interest in Units 1711, 1712, 1713, 1714, 1715, 1716, 1721, 1722, 1723, 1724, 1725 and 1726 in Building 17, as tenants in common with the other undivided interest owners of said building of TEAL LANDING CONDOMINIUM - PHASE SEVEN - AS BUILT BUILDING 17, as depicted on the Plat recorded as Reception No. 20209496, 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, Fifth Supplemental Declaration recorded as Reception No. 20206614, First Amendment to Fifth Supplemental recorded December 12, 2002 as Reception No. 20211905, Sixth Supplemental Declaration recorded as Reception No. 20209497 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 84,000 points (as defined in the Declaration of Condominium for Teal Landing Condominium) for use by the Grantee in Each year.

DATED this 18th day of August, 2010.

SHAND, NEWBOLD & CHAPMAN, P.C.

Original signature on file at the office of

Shand, Newbold & Chapman, P.C.

/s/ Keith Newbold

Keith Newbold, Esq., Reg. No. 010629

Attorney for Plaintiff

150 East 9th Street, Suite 400

P.O. Box 2790

Durango, CO 81302

(970) 247-3091

This Summons is issued pursuant to Rule 4(g), Colorado Rules of Civil Procedure.

Published September 2, 9, 16, 23 and 30, 2010 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 121-2010

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On June 18, 2010, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s) Clinton L. Carter III

Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., acting solely as nominee for PEOPLE’S CHOICE HOME LOAN, INC.

Current Holder of Evidence of Debt FCDB GMPL 2008-1TRUST

Date of Deed of Trust 2/12/2007

County of Recording Archuleta

Recording Date of Deed of Trust 2/16/2007

Recording Reception Number 20701496

Original Principal Amount $270,000.00

Outstanding Principal Balance $267,619.18

Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

Lot 21 of block 3 in Holiday Acres Subdivision, Unit No. 2, according to the plat thereof filed for record August 7, 1975 as reception No. 83664.

Also known by street and number as: 1380 Shenandoah 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 Notice of Election and Demand for sale as provided by law and in said Deed of Trust.

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 10/21/2010, at 449 San Juan St., Pagosa Springs, CO 81147, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 8/26/2010

Last Publication: 9/23/2010

Name of Publication: Pagosa Springs Sun

DATE: 06/18/2010

Public Trustee in and for the County of Archuleta, State of Colorado

Betty A. Diller

By: /s/ Debora A. Switala, Deputy Public Trustee

The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Aronowitz & Mecklenburg, LLP 1199 Bannock Street, Denver, CO 80204 (303) 813-1177

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 #: 9696.01342

©Colorado Public Trustees’ Association Revised 12/2009

Published August 26, September 2, 9, 16 and 23, 2010 in The Pagosa Springs SUN.

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COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 122-2010

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On June 18, 2010, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s) Brian Leewitt and Cynthia Leewitt

Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., acting solely as nominee for GE Money Bank, a federal savings bank

Current Holder of Evidence of Debt U. S. Bank National Association, as Trustee for ABFC 2007-WMC1 Trust

Date of Deed of Trust 3/9/2007

County of Recording Archuleta

Recording Date of Deed of Trust 4/4/2007

Recording Reception Number 20702814

Original Principal Amount $299,250.00

Outstanding Principal Balance $297,177.66

Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

THE FOLLOWING DESCRIBED REAL PROPERTY SITUATE IN THE CITY OF PAGOSA SPRINGS, COUNTY OF ARCHULETA AND STATE OF COLORADO, TO WIT:

LOT 222, LAKEWOOD VILLAGE, ACCORDING TO THE PLAT THEREOF FILED APRIL 30, 1979, AS RECEPTION NO. 94867 IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.

Also known by street and number as: 214 Woodridge Circle, Pagosa Springs, CO 81147

NOTICE OF SALE

The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust.

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 10/21/2010, at 449 San Juan St., Pagosa Springs, CO 81147, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 8/26/2010

Last Publication: 9/23/2010

Name of Publication: Pagosa Springs Sun

DATE: 06/18/2010

Public Trustee in and for the County of Archuleta, State of Colorado

Betty A. Diller

By: /s/ Betty A. Diller, Public Trustee

The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Aronowitz & Mecklenburg, LLP 1199 Bannock Street, Denver, CO 80204 (303) 813-1177

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 #: 1818.00918

©Colorado Public Trustees’ Association Revised 12/2009

Published August 26, September 2, 9, 16 and 23, 2010 in The Pagosa Springs SUN.

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COMBINED NOTICE - RESTART - PUBLICATION

CRS §38-38-109(2)(b)(II) FORECLOSURE

SALE NO. 126-2009

Republished to restart foreclosure stayed by bankruptcy and reset sale date.

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On June 22, 2010, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Archuleta records.

Original Grantor(s) Laurinda L. Cumming

Original Beneficiary(ies) Wells Fargo Bank, N.A.

Current Holder of Evidence of Debt Wells Fargo Bank, N.A.

Date of Deed of Trust 2/7/2007

County of Recording Archuleta

Recording Date of Deed of Trust 2/8/2007

Recording Reception Number 20701256

Original Principal Amount $224,000.00

Outstanding Principal Balance $224,000.00

Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.

LOT 218, LAKEWOOD VILLAGE, ACCORDING TO THE PLAT THEREOF FILED APRIL 30, 1979, AS RECEPTION NO. 94867, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.

Also known by street and number as: 133 Woodridge Cir, 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 Notice of Election and Demand for sale as provided by law and in said Deed of Trust.

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 10/21/2010, at 449 San Juan St., Pagosa Springs, CO 81147, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 8/26/2010

Last Publication: 9/30/2010

Name of Publication: Pagosa Springs Sun

DATE: 06/22/2010

Public Trustee in and for the County of Archuleta, State of Colorado

Betty A. Diller

By: /s/ Betty A. Diller, Public Trustee

The name, address, telephone number and bar registration 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 #: 09-16991

©Colorado Public Trustees’ Association Revised 12/2009

Published August 26, September 2, 9, 16 and 23, 2010 in The Pagosa Springs SUN.

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