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SECOND READING
The second reading of Ordinance No. 761 (Series 2011) was completed at the Pagosa Springs Town Council Meeting held on May 3, 2011 at 5:00 p.m. in the Council Chambers at the Town Hall. ORDINANCE NO. 761, AN ORDINANCE OF THE TOWN OF PAGOSA SPRINGS AMENDING CHAPTER 21 OF THE MUNICIPAL CODE, ARTICLE 6 OF THE LAND USE AND DEVELOPMENT CODE, SECTION 6.12.4 OF THE SIGN CODE. The Ordinance went into effect immediately upon its final passage at second reading on May 3, 2011. The full text of the Ordinance is available at the office of the Town Clerk at Town Hall.
Published May 12, 2011 in The Pagosa Springs SUN.
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INVITATION TO BID
Separate sealed BIDS for the 2011 Asphalt Preservation Project will be received on behalf of Archuleta County by Davis Engineering Service, Inc. (DES) at their office located at 188 South 8th Street, P.O. Box 1208, Pagosa Springs, Colorado 81147 until 2:00 P.M. local time on June 2, 2011, and then at said office publicly opened and read aloud.
The base project involves asphalt preservation on nearly 9 miles of roadway including Light Plant Road (CR 119), Capricho Circle, South Pagosa Boulevard, Buttress Avenue, and Meadows Drive, with potential additive items of almost another 3 miles of streets including Pinon Causeway and a portion of North Pagosa Boulevard. The project involves traffic control, crack sealing, full depth patching, milling, asphalt overlaying, sub-grade stabilization, seal coating, chip sealing, and pavement marking.
Copies of the CONTRACT DOCUMENTS may be obtained on or after MAY 12, 2011, at the office of DES at the address indicated above, upon payment of $50.00 for each set. No refund will be made for returned copies.
Archuleta County has determined that a 2% local preference cost allowance will be used in selecting the qualified Contractor per section 3.4.B of their Procurement Policy.
A mandatory pre-bid conference and inspection trip for prospective Bidders will be held at the office of DES (phone number (970) 264-5055), located at the address indicated above, at 2:00 P.M. local time on May 24, 2011. It is anticipated that the project construction will begin as soon as possible in JUNE of 2011.
Date: MAY 6, 2011
Published May 12 and May 26, 2011 in The Pagosa Springs SUN.
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Invitation for Bid: for Design/Build Project to Expand the Pagosa Recycle Center located at the Pagosa Transfer Station. The Archuleta County Board of County Commissioners invites qualified firms to submit bids on the aforementioned design/build project for Archuleta County. Sealed bids (marked “DESIGN/BUILD FOR EXPANSION OF RECYCLE CENTER”) will be accepted by Larry Walton, Contracts and Procurement Officer, 449 San Juan Street, Pagosa Springs, CO 81147 until June 10, 2011 at 2:00 PM local time. For a copy of the full Invitation for Bid, please contact Larry Walton, Contracts and Procurement Officer at (970) 264-8555, or by email lwalton@archuletacounty.org, or visit the County Website at: http://www.archuletacounty.org/Special_Projects/rfp.asp
Published May 12 and 19, 2011 in The Pagosa Springs SUN.
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A review for a Conditional Use Permit (CUP) will be considered by the Planning Commission for a 190-foot CMRS (wireless/cell tower) on a third-acre portion of a 343 acre parcel located approximately midway between the intersection of Mervin Court and Hurt Drive and the end of Navajo Place. The address of the parent parcel is 219 County Road 700 (lying just west of Aspen Springs); the nearest property to the tower site is 335 Navajo Place.
The tower will consist of a 190 foot high pole which if completed will be able to accommodate multiple wireless communication carriers to serve the area. The tower is proposed to be situated on the high point of the 343 acres.
Additional information is available for review at the Planning Department, 1122 Highway 84 or contact Planning at 970-731-3877 or cschultz@archuletacounty.org.
Comments or questions regarding this proposal may be directed to the Archuleta County Planning Department, P.O. Box 1507, Pagosa Springs, CO 81147-1507, fax: (970) 731-3881 prior to the public hearing before the Planning Commission at 6:00 p.m. on Wednesday May 25, 2011 in the County Courthouse at 449 San Juan Street. The public is welcome and invited to attend the meeting.
Published May 12 and 19, 2011 in The Pagosa Springs SUN.
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Please take notice that on June 4, 2011 the following property located at United Mini Storage, 399 Highway 84, Pagosa Springs, Co. 81147 will be disposed of.
Personal property located in unit B-38 including back pack, camel back pack, rock climbing equipment, jacks, upholstered chair & misc. household items.
The name of the tenant of unit B-38 and his last known address is:
Michael Coto
P.O. Box 3760
Pagosa Springs, Co. 81147
Personal property located in unit B-27 including compound bow, sleigh bed with matching chest & night stands, round oak table, china cabinet with beveled glass, roll-away bed, chest freezer, & misc. household items.
The name of the tenant of unit B-27 and his last known address is:
Steve Tyndall
C/o Pat Shepard
P O Box 5296
Pagosa Springs, Co. 81147
Personal property located in unit B-12 including golf clubs, 2 beer kegs, floor tile, skill saw, “735 power Smith System” with bench & weights, tool box & misc. tools.
The name of the tenant of unit B-12 and his last known address is:
Dreux Williams
P O Box 5514
Pagosa Springs, Co. 81147
Personal property located in unit’s A-1 & A-2 including bed, 2 entertainment centers, 2 televisions, baby furniture, Bose speakers & misc. household items.
The name of the tenant of unit’s A-1 & A-2 and his last known address is:
Jimmy Elledge
P O Box 2502
Pagosa Springs, Co. 81147
On June 4, 2011 all contents of units B-38, B-27, B-12, A-1 and A-2 will be disposed of at United Mini Storage, 399 Highway 84, Pagosa Springs, Co. 81147. The actions taken to dispose of the above described property are pursuant to CRS #38-21.5-101, et seq.
Published May 12 and 19, 2011 in The Pagosa Springs SUN.
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NOTICE TO CREDITORS
Estate of Peter John Van Hercke, Deceased
Case No. 11PR9
All persons having claims against the above-named estate are required to present them to the Personal Representative or to the District Court of Archuleta County, Colorado on or before September 16, 2011, or the claims may be forever barred.
Jerry F. Venn
PO Box 246
Pagosa Springs, CO 81147
Published May 12, 19 and 26, 2011 in The Pagosa Springs SUN.
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COMBINED NOTICE - AMENDED - PUBLICATION
FORECLOSURE
SALE NO. 067-2010
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On March 26, 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 E Grandchamp and Sandra J Grandchamp and Robert A McDonald
Original Beneficiary(ies): Washington Mutual Bank, FA
Current Holder of Evidence of Debt: JPMorgan Chase Bank, National Association
Date of Deed of Trust: 12/10/2007
County of Recording: Archuleta
Recording Date of Deed of Trust: 12/14/2007
Recording Reception Number: 20711333
Original Principal Amount: $500,500.00
Outstanding Principal Balance: $525,791.47
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 5 OF MARTINEZ MOUNTAIN ESTATES, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD NOVEMBER 8, 1978 AS RECEPTION NO. 93208.
Also known by street and number as: 6042 North Pagosa Blvd., 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, 06/30/2011 the date to which the sale has been continued pursuant to C.R.S. 38-38-103(2)(a), 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.
Amended First Publication: 5/12/2011
Amended Last Publication: 6/9/2011
Name of Publication: Pagosa Springs Sun
DATE: 5/4/2011
Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado
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 & 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 #: 10-01467CO
©Colorado Public Trustees’ Association Revised 12/2009
Published May 12, 19, 26, June 2 and 9, 2011 in The Pagosa Springs SUN.
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COMBINED NOTICE - AMENDED - PUBLICATION
FORECLOSURE
SALE NO. 2011-032
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On March 9, 2011, 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): Pagland Investors, Inc.
Original Beneficiary(ies): Bank of the San Juans
Current Holder of Evidence of Debt: Bank of the San Juans
Date of Deed of Trust: 5/9/2002
County of Recording: Archuleta
Recording Date of Deed of Trust: 5/21/2002
Recording Reception Number: 20204668
Original Principal Amount: $475,000.00
Outstanding Principal Balance: $245,453.23
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 ATTACHED EXHIBIT A.
Exhibit “A”
Lots 3, 4, 5, 6, and 7 in PARK MEADOWS SUBDIVISION, according to the plat thereof recorded January 26, 1999 as Reception No. 99000472.
Lot 28 in NORTH LAKE VILLAGE, ACCORDING TO THE PLAT filed for record March 16, 1982 under Reception No. 109817, and Correction Plat filed for record September 30, 1982 under Reception No. 112864, and Affidavit of Correction of Plat filed for record April 4, 1983 in Book 197 at Page 366.
Also known by street and number as: 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, 07/07/2011 the date to which the sale has been continued pursuant to C.R.S. 38-38-103(2)(a), 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.
Amended First Publication: 5/12/2011
Amended Last Publication: 6/9/2011
Name of Publication: Pagosa Springs Sun
DATE: 5/4/2011
Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado
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:
Goldman, Robbins & Nicholson, P.C. Attorneys at Law, 679 E. 2nd Avenue, Suite c, Durango, CO 81302 (970) 259-8747
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 #: 1064.066
©Colorado Public Trustees’ Association Revised 12/2009
Published May 12, 19, 26, June 2 and 9, 2011 in The Pagosa Springs SUN.
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COMBINED NOTICE - AMENDED - PUBLICATION
FORECLOSURE
SALE NO. 2011-033
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On March 9, 2011, 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): Tzoris Ltd.
Original Beneficiary(ies): Bank of the San Juans
Current Holder of Evidence of Debt: Bank of the San Juans
Date of Deed of Trust: 7/23/2004
County of Recording: Archuleta
Recording Date of Deed of Trust: 7/23/2004
Recording Reception Number: 20406535
Re-Recording Date of Deed of Trust: 8/4/2004
Re-Recording Reception Number: 20406893
Original Principal Amount: $475,000.00
Outstanding Principal Balance: $383,081.86
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 ATTACHED EXHIBIT A.
Exhibit “A”
LOTS 2, 3, 20 AND 21, CAPSTONE VILLAGE, BEING PARCEL 4-B OF THE REPLAT OF PARCEL 4, TRACT B AND PARCEL 5 OF THE SECOND REPLAT OF SOUTH VILLAGE LAKE, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 13, 2001 AS RECEPTION NO. 20110130.
LOT 99 IN LAKEVIEW ESTATES, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD APRIL 30, 1979 AS RECEPTION NO. 94868
Also known by street and number as: 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, 07/07/2011 the date to which the sale has been continued pursuant to C.R.S. 38-38-103(2)(a), 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.
Amended First Publication: 5/26/2011
Amended Last Publication: 6/9/2011
Name of Publication: Pagosa Springs Sun
DATE: 3/30/2011
Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado
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:
Goldman, Robbins & Nicholson, P.C. Attorneys at Law, 679 E. 2nd Avenue, Suite c, Durango, CO 81302 (970) 259-8747
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 #: 1064.066
©Colorado Public Trustees’ Association Revised 12/2009
Published May 12, 19, 26, June 2 and 9, 2011 in The Pagosa Springs SUN.
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COMBINED NOTICE - PUBLICATION
CRS §38-38-103 FORECLOSURE
SALE NO. 2011-034
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On March 9, 2011, 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): Pagland Investors, Inc.
Original Beneficiary(ies): Bank of the San Juans
Current Holder of Evidence of Debt: Bank of the San Juans
Date of Deed of Trust: 10/20/2003
County of Recording: Archuleta
Recording Date of Deed of Trust: 11/21/2005
Recording Reception Number: 20512444
Original Principal Amount: $116,200.00
Outstanding Principal Balance: $106,924.53
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 875, TWINCREEK VILLAGE, ACCORDING TO THE PLAT THEREOF FILED NOV. 5, 1973, AS RECEPTION NO.78739, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.
Also known by street and number as: 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, 06/30/2011, 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: 5/12/2011
Last Publication: 6/9/2011
Name of Publication: Pagosa Springs Sun
DATE: 03/09/2011
Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado
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:
Goldman, Robbins & Nicholson, P.C. Attorneys at Law, 679 E. 2nd Avenue, Suite c, Durango, CO 81302 (970) 259-8747
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 #: 1064.064
©Colorado Public Trustees’ Association Revised 12/2009
Published May 12, 19, 26, June 2 and 9, 2011 in The Pagosa Springs SUN.
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OPPORTUNITY TO COMMENT
USDA - Forest Service
San Juan National Forest - Pagosa Ranger District
Hinsdale and Mineral Counties, Colorado
The pre-decisional Environmental Assessment (EA) for the Pagosa Creek Forest Vegetation Management Project is now available for public review and comment. The EA can be downloaded from the San Juan National Forest projects web site at: www.fs.usda.gov/goto/sanjuan/projects
The Pagosa Creek Analysis Area is located approximately 14 miles northwest of Pagosa Springs, Colorado in portions of Township 37 North, Ranges 2 and 3 West, NMPM. Within the 3,425 acre analysis area, the proposed action is to treat 750 acres of ponderosa pine, mixed conifer, spruce-fir and aspen stands using a variety of treatments. In ponderosa pine, thinning would be used. In mixed conifer, spruce-fir and aspen stands, a combination of thinning, coppice cuts and group selection would be used. In addition, the proposal would thin understory trees or shrubs via a variety of means (slashing, mowing, and/or chipping/chip removal).
To be eligible to appeal the subsequent decision on this project, an individual or group must provide comment or otherwise express interest (36 CFR 215.11 (pre-2003 regulations)) in the proposed action during the comment period. The opportunity to comment ends 30 days following the date of publication of this legal notice in the Pagosa Sun. Regulations prohibit extending the length of the comment period.
How to Comment and Timeframe
Written, facsimile, hand-delivered, oral, and electronic comments concerning this action will be accepted for 30 calendar days following the publication of this notice. The publication date of this notice in the Pagosa Sun is the exclusive means for calculating the comment period for this analysis. Those wishing to comment should not rely upon dates or timeframe information provided by any other source.
Written comments must be submitted to: Steve Hartvigsen, Pagosa Creek Project Leader, PO Box 310, Pagosa Springs, CO 81147. The office business hours for those submitting hand-delivered comments are 8 am – 4:30 pm, Monday through Friday, excluding holidays. The Pagosa District Office is located at 180 Pagosa Street in Pagosa Springs, Colorado. Comments may also be faxed to: Attn: Steve Hartvigsen, fax number 264-1538. Hand delivered comments may be submitted to the Pagosa Ranger District (address above) between the hours of 8:00am-4:30pm Mon-Fri, excluding holidays. Oral comments must be provided at the Pagosa District office during normal business hours via telephone [970-264-1513] or in person.
Electronic comments must be submitted in a format such as an email message, plain text (.txt), rich text format (.rtf), and Word (.doc) to comments-rocky-mountain-san-juan-pagosa@fs.fed.us. In cases where no identifiable name is attached to an electronic message, a verification of identity will be required for appeal eligibility. A scanned signature is one way to provide verification. For electronically mailed comments the sender should normally receive an automated acknowledgement from the agency as a confirmation of receipt. If the sender does not receive an automated acknowledgement receipt of comments, it is the senders responbility to insure timely receipt by other means (36 C.F.R. 215.6 (4) (iii)).
Comments received in response to this solicitation, including names and addresses of those who comment will be considered part of the public record on this proposed action and will be available for public inspection. Comments submitted anonymously will be accepted and considered; however, those who only submit anonymous comments will not have standing to appeal the subsequent decision under 36 C.F.R. Part 215.
The USDA Forest Service is an Equal Opportunity Service Provider.
For further information contact Steve Hartvigsen, 970-264-1513, or Sara Brinton, at 970-264-1532.
Published May 12, 2011 in The Pagosa Springs SUN.
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DISTRICT COURT, WATER DIVISION 7,
COLORADO
WATER RESUME
TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 7
Pursuant to C.R.S. 37-92-302, you are notified that the following is a resume of all water right applications filed in the Office of the Water Clerk during the month of April, 2011, for Archuleta County and Mineral County.
11CW17 APPLICATION FOR FINDINGS OF REASONABLE DILIGENCE. 1. Co-Applicants: Pagosa Area Water and Sanitation District, P.O. Drawer 4610, Pagosa Springs, CO 81157, (970) 731-2691; San Juan Water Conservancy District, P.O. Box 4632, Pagosa Springs, CO 81157, (970) 731-1644; Counsel: Evan D. Ela, Esq., Collins Cockrel & Cole, P.C., 390 Union Blvd., #400, Denver, CO 80228, (303) 986-1551. 2. Name of Structure: West Fork Reservoir. 3. Description of the Subject Water Rights from Prior Decrees: West Fork Reservoir:(1) Original decree entered on December 19, 1968, Case No. 73-308D, District Court within and for the County of Archuleta (2) Findings of continued diligence were decreed in Case Nos. W-195, W583-76, 80CW106, 84CW66, 84CW72, 88CW43, 88CW49, 94CW47, and most recently in 01CW65, entered on April 7, 2005; (3) Source: San Juan River and its tributaries; (4) Date of appropriation: August 23, 1967; (5) Amount: 35,797 ac-ft, CONDITIONAL (in Case No. 01CW65, the court granted continued diligence on 35,797 ac-ft of the 39,356 ac-ft originally decreed for West Fork Reservoir); (6) Location of point of diversion: On the West Fork of the San Juan River in unsurveyed land of T37N, R1E, N.M.P.M., in the County of Mineral, State of Colorado. The intersection of the axis of the dam with the center line of the channel of the West Fork of the San Juan River is located whence the Southeast corner of Section 30, T37N, R1E, N.M.P.M., bears South 39º00’ West a distance of 4,880 feet; (7) Beneficial Uses: Storage for industrial, municipal, domestic, recreation, piscatorial and irrigation of 3,000 acres of land. 4. Outline of work done and funds expended by Co-Applicants during the relevant diligence period toward completion of the appropriation. The following activities were performed in furtherance of the joint efforts by PAWSD and SJWCD to develop reliable and adequate water resources, and particularly, to continue development of an integrated water supply system for the benefit of their respective constituents living in Archuleta County. The West Fork Reservoir water rights are a component of the developing integrated water system serving Archuleta County and vicinity. The relevant evidentiary diligence period for this Application extends from February 2003 through April, 2011; (a) Diligence Activities of SJWCD: (1) Engineering for Permitting and Planning: SJWCD incurred costs of approximately $10,020 during the diligence period for engineering analyses and master planning efforts concerning projected water demands within the SJWCD service area and the structural options for meeting such demand; (2) Cloud Seeding Program: SJWCD expended annual amounts totaling more than $68,900 for cooperative funding of cloud seeding initiatives within the San Juan River watershed. Such initiatives were also funded by other water resources development agencies in the region; (3) Structural Improvements: Costs of approximately $1,000 were incurred for improvements to ditches and streams during the diligence period; (4) Southwestern Water Conservation District Water Information Program: SJWCD incurred annual costs during the diligence period totaling approximately $18,870 as its contribution to the regional Water Information Program conducted annually by the Southwestern Water Conservation District. The Water Information Program provides public education on water conservation, water resources development and related topics; (5) Water Rights Protection and Development: During the diligence period, SJWCD expended approximately $47,550 in legal and engineering fees and costs for defending, maintaining and developing SJWCD’s water rights (other than the Dry Gulch Project water rights) in water court adjudications and related activities; (6) Dry Gulch Project Water Right, Engineering and Permitting Activities: SJWCD expended money on legal, engineering and permitting activities in cooperation with PAWSD for establishing water rights, project planning and design, and initiating the permitting process for the proposed Dry Gulch Project. Total costs expended on these activities during the diligence period totaled approximately $489,300; (7) Dry Gulch Project Land Acquisition: SJWCD obtained grant money totaling $1,000,000 and expended that amount in addition to PAWSD’s contribution for the purchase of the Running Iron Ranch and related properties that comprise the site of the proposed Dry Gulch Project. (b) Diligence Activities of PAWSD: (1) Engineering for Permitting and Planning: PAWSD incurred costs of approximately $57,000 during the diligence period for engineering analyses and master planning efforts concerning projected water demands within the PAWSD service area and the structural options for meeting such demand.; (2) Cloud Seeding Program: PAWSD expended annual amounts totaling more than $26,885 for cooperative funding of cloud seeding initiatives within the San Juan River watershed. Such initiatives were also funded by other water resources development agencies in the region; (3) Structural Improvements: Costs of approximately $25,550 were incurred for improvements to ditches associated with the PAWSD raw water collection system during the diligence period; (4) Raw Water Irrigation Systems: PAWSD incurred in excess of $95,700 during the diligence period for negotiating modified agreements with raw water irrigation customers and for structural improvements to the raw water delivery system; (5) Water Conservation Programs: During the diligence period, PAWSD expended more than $287,250 on its community water conservation programs; (6) Water Treatment System Improvements: PAWSD installed improvements to its San Juan Water Treatment Plant during the diligence period at a cost of approximately $466,285; (7) Water Rights Protection and Development: During the diligence period, PAWSD expended nearly $137,630 in legal and engineering fees and costs for defending, maintaining and developing PAWSD’s water rights (other than the Dry Gulch Project water rights) in water court adjudications and related activities; (8) Dry Gulch Project Water Right, Engineering and Permitting Activities: PAWSD expended money on legal, engineering and permitting activities in cooperation with SJWCD for establishing water rights, project planning and design, and initiating the permitting process for the proposed Dry Gulch Project. Total costs expended on these activities during the diligence period totaled nearly $450,000; (9) Dry Gulch Project Land Acquisition: PAWSD expended approximately $8,500,000 in addition to SJWCD’s contribution for the purchase of the Running Iron Ranch and related properties that comprise the site of the proposed Dry Gulch Project. 5. Name and address of potentially affected landowners. Bootjack Ranch, LLC, 3738 Oak Lawn Ave., Dallas, Texas 75219, c/o John A. Helfrich, Esq., Brownstein Hyatt Farber Schreck, LLP, 410 17th St., Suite 2200, Denver, CO 80202-4432. 6. Additional remarks. The Subject Water Rights are owned by SJWCD and PAWSD in the following proportions: 25,797 ac-ft and 10,000 ac-ft respectively. (7 pages)
11CW18 Dos Rios Ranch, PO Box 4133, Pagosa Springs, CO 81147: Martinez Martinez Ditch; Archuleta County; Date of original decree and subsequent decrees, 4/19/62 and 12/19/68; Case no. CA308/CA308-D; SE1/4NW1/4, Section 1, T33N, R2W, NMPM; 2213 feet from North, 2141 feet from West; Northing 4111671, Easting 320470; Lower Blanco River; Appropriation date, 5/1/31 and 6/1/67; Irrigation; Amount of water to change, 5 cfs; Proposed change, alternate point of diversion, applicant wishes to make this new point of diversion an alternate point of diversion to the Martinez Martinez Ditch, allowing for use of the water at either location, this alternate point of diversion will irrigate same lands as has historically been used by the Martinez Martinez Ditch, applicant needs this alternate point of diversion because they have issues with the existing ditch at times; Change in point of diversion, NW1/4SW1/4, Section 1, T33N, R2W, NMPM; 2298 feet from South, 95 feet from West; Northing 4111457, Easting 319841; 5 cfs. Application for Change of Water Right (6 pages)
11CW21 Water Division NO. 7, In The Matter Of The Application For Water Rights Of The United States Of America, In Archuleta County, United States Of America’s Application To Make Conditional Water Right Absolute Or For Finding Of Diligence. (1) Applicant: United States of America C/o U.S.D.A. Forest Service Regional Hydrologist, 740 Simms Street Golden, CO 80401. Attorney: James J. DuBois, U.S. Department of Justice Environment and Natural Resources Division, 999 18th Street, South Terrace, Suite 370, Denver, CO 80202, Phone Number: (303) 844-1375, Fax Number: (303) 844-1350. (2) Name of water development: Gordon Creek Wetlands Diversion Ditch. (3) Description of water rights from prior decree: a. Date of Original Decree: April 29, 2005, Case No. 01CW102 Water Division No. 7. b. Legal Description: The point of diversion for the Gordon Creek Wetlands Diversion Ditch is located on the right bank of Gordon Creek in the SE1/4 NW1/4, Section 12, Township 36 North, Range 3 West, New Mexico Prime Meridian, at a point whence the NW corner of Section 13, T36N, R21/2W, NMPM bears N 89° E approximately 3,520 feet. GPS location N 37°24’24.6” W 107°09’30.7”. A location map of the structure is on file with the court. c. Source of water: Gordon Creek, tributary to the Piedra River. d. Appropriation date: November 16, 2001. e. Amount: 1.0 c.f.s. ABSOLUTE; 3.0 c.f.s. CONDITIONAL. f. Use: Irrigation of 3.5 acres of wetland vegetation. (4) Details of application of water to a beneficial use as conditionally decreed: The Gordon Creek Wetlands Diversion Ditch was constructed and water put to beneficial use November 16, 2001. During water years 2005, 2007, 2008 and 2010, the Forest Service diverted 4.0 c.f.s. of water through the subject ditch and applied the diverted water to beneficial use for the irrigation of 3.5 acres of planted wetlands vegetation. The diverted flow was measured by the Colorado Division of Water Resources, and is reflected in the annual water diversion records. A copy of the diversion records is on file with the court. (5) If claim to make absolute: a. Date water applied to beneficial use: May 12, 2005. Amount: 4 c.f.s. Use: Irrigation of wetlands vegetation. b. Description of place of use where water is applied to beneficial use: Gordon Creek constructed wetlands area in the NW1/4, Section 12, T36N, R3W, NMPM. (6) Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which the structure is located: United States of America, San Juan National Forest, 15 Burnett Court, Durango, CO 81301. WHEREFORE, the United States respectfully requests entry of a Decree confirming that the Gordon Creek Wetlands Diversion Ditch water right has been made ABSOLUTE in the full amount of 4.0 c.f.s. In the alternative, the United States requests that the Court enter a ruling finding that the United States has been diligent in attempting to place the conditional water right to beneficial use within a reasonable time. (12 pages)
THE WATER RIGHTS CLAIMED BY THE FOREGOING APPLICATION(S) MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT AND PROTEST WITHIN THE TIME PROVIDED BY STATUTE, OR BE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of June, 2011, to file with the Water Clerk, a verified Statement of Opposition, setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP.
(Filing fee: $158.00; Forms are available through the Office of the Water Clerk or on the Judicial site at www.courts.state.co.us; Danene M. Etz, Clerk of the Water Court, 1060 E. 2nd Ave., Room 106, Durango, CO 81301-5157; 970-247-2304, Ext. 6181)
Published: before May 31, 2011 Original Signature on file
Danene M. Etz, Water Clerk
Published May 12, 2011 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE - PUBLICATION
CRS §38-38-103 FORECLOSURE
SALE NO. 2011-027
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On March 2, 2011, 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): Valerie Selby, P.A.
Original Beneficiary(ies): Archuleta Mesa Ranch, LLC
Current Holder of Evidence of Debt: Archuleta Mesa Ranch, LLC
Date of Deed of Trust: 4/27/2005
County of Recording: Archuleta
Recording Date of Deed of Trust: 5/9/2005
Recording Reception Number: 20504424
Original Principal Amount: $148,580.00
Outstanding Principal Balance: $139,065.92
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.
Tract 7A, Cool Springs Ranch, according to the map thereof filed July 24, 2000, as Reception No. 20006892, in the office of the Clerk and Recorder, Archuleta County, Colorado, together with all its appurtenances.
Also known by street and number as: 1370 Archuleta Mesa 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, 06/30/2011, 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: 5/5/2011
Last Publication: 6/2/2011
Name of Publication: Pagosa Springs Sun
DATE: 03/02/2011
Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado
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:
David W. Hall, Esq. #38235
Shand, Newbold & Chapman PC 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 #: 7880.4
©Colorado Public Trustees’ Association Revised 12/2009
Published May 5, 12, 19, 26 and June 2, 2011 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE - PUBLICATION
CRS §38-38-103 FORECLOSURE
SALE NO. 2011-028
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On March 2, 2011, 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, 06/30/2011, 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: 5/5/2011
Last Publication: 6/2/2011
Name of Publication: Pagosa Springs Sun
DATE: 03/02/2011
Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado
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
Caren Jacobs Castle #11790
Barbara Bader #10394
Katharine E. Fisher #39230
Anthony L. Converse #40212
Jeffrey C. Gaston #40389
Deanne R. Stodden #33214
Jennifer C. Rogers #34682
Christopher T. Groen #39976
Jeffrey C. Gaston #40389
Reagan Larkin #42309
Elizabeth S. Marcus #16092
Britney Beall-Eder #64935
Kimberly L. Martinez #40351
Jason C. Hilliard #40856
Castle 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 #: 09-16991R
©Colorado Public Trustees’ Association Revised 12/2009
Published May 5, 12, 19, 26 and June 2, 2011 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE - PUBLICATION
CRS §38-38-103 FORECLOSURE
SALE NO. 2011-029
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On March 2, 2011, 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): Ralph B. Rustad
Original Beneficiary(ies): Mortgage Electronic Registration Systems, Inc., acting solely as nominee for MORTGAGEIT, INC
Current Holder of Evidence of Debt: Deutsche Bank National Trust Company, as Trustee of the Residential Asset Securitization Trust 2007-A3, Mortgage Pass-Through Certificates, Series 2007-C under the Pooling and Servicing Agreement dated February 1, 2007
Date of Deed of Trust: 8/25/2006
County of Recording: Archuleta
Recording Date of Deed of Trust: 8/30/2006
Recording Reception Number: 20608320
Original Principal Amount: $206,000.00
Outstanding Principal Balance: $205,964.00
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 17, 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: 240 Woodsman Drive, Pagosa Springs, CO 81147-8939
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, 06/30/2011, 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: 5/5/2011
Last Publication: 6/2/2011
Name of Publication: Pagosa Springs Sun
DATE: 03/02/2011
Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado
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 #: 3500.01118
©Colorado Public Trustees’ Association Revised 12/2009
Published May 5, 12, 19, 26 and June 2, 2011 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE - PUBLICATION
CRS §38-38-103 FORECLOSURE
SALE NO. 2011-030
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On March 2, 2011, 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): Timothy Lyle Johnson and Janet Lou Johnson
Original Beneficiary(ies): Ameriquest Mortgage Company
Current Holder of Evidence of Debt: Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R8
Date of Deed of Trust: 7/6/2005
County of Recording: Archuleta
Recording Date of Deed of Trust: 7/14/2005
Recording Reception Number: 20507049
Original Principal Amount: $70,000.00
Outstanding Principal Balance: $75,055.72
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.
LOTS 213 AND 214 IN PAGOSA VISTA, COUNTY OF ARCHULETA, STATE OF COLORADO.
Also known by street and number as: 100 Homestead 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, 06/30/2011, 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: 5/5/2011
Last Publication: 6/2/2011
Name of Publication: Pagosa Springs Sun
DATE: 03/02/2011
Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado
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 #: 6662.24689
©Colorado Public Trustees’ Association Revised 12/2009
Published May 5, 12, 19, 26 and June 2, 2011 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE - PUBLICATION
CRS §38-38-103 FORECLOSURE
SALE NO. 2011-031
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On March 2, 2011, 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): Alex Duran and Gloria Duran
Original Beneficiary(ies): IndyMac Bank, F.S.B., a federally chartered savings bank
Current Holder of Evidence of Debt: Deutsche Bank National Trust Company, as Trustee for Home Equity Mortgage Loan Asset-Backed Trust, Series SPMD 2000-C, Home Equity Mortgage Loan Asset-Backed Certificates, Series SPMD 2000-C under the Pooling and Servicing Agreement dated November 1, 2000
Date of Deed of Trust: 10/5/2000
County of Recording: Archuleta
Recording Date of Deed of Trust: 10/12/2000
Recording Reception Number: 20009841
Original Principal Amount: $144,000.00
Outstanding Principal Balance: $138,588.17
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 8 AND 9, BLOCK 18, TOWN OF PAGOSA SPRINGS, ACCORDING TO MAP NO. 25, FILED IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.
Also known by street and number as: 211 North 5th 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, 06/30/2011, 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: 5/5/2011
Last Publication: 6/2/2011
Name of Publication: Pagosa Springs Sun
DATE: 03/02/2011
Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado
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 & 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 #: 10-03334CO
©Colorado Public Trustees’ Association Revised 12/2009
Published May 5, 12, 19, 26 and June 2, 2011 in The Pagosa Springs SUN.
_________________________________________
District Court, Archuleta County, State of Colorado
Court Address: PO Box 148, 449 San Juan St.
Pagosa Springs, CO 81147
PTARMIGAN PROPERTY OWNERS ASSOCIATION, INC.
Plaintiffs,
vs.
JOHN LES HERNANDEZ, JOYCE A. MAEZ and All Unknown Persons Who Claim Any Interest in the Subject Matter of This Action,
Defendants.
Attorney for Plaintiffs:
Larry W. Holthus
PO Box 1737
Pagosa Springs, CO 81147
Phone Number: (970) 264-4196
FAX Number: (970) 264-4197
Atty. Reg. #: 10535
Case Number: 11CV81
SUMMONS BY PUBLICATION
THE PEOPLE OF THE STATE OF COLORADO TO THE ABOVE NAMED DEFENDANTS:
You are hereby summoned and required to appear and defend against the claims of the Complaint filed with the Court in this action, by filing with the Clerk of this Court, an Answer or other response. You are required to file your Answer or other response within thirty (30) days after the date of the last publication. A copy of the Complaint may be obtained from the Clerk of the Court.
If you fail to file your Answer or other response to the Complaint in writing within thirty (30) days after the date of the last publication, judgment by default may be rendered against you by the Court for the relief demanded in the Complaint without further notice.
This is an action to quiet title to:
Unit Number 7220, Building Number 10, Unit Week Number 48 in “Ptarmigan Townhouses Phase III, as recorded under Reception No. 156202 subject to Declaration of Individual and/or Interval Ownership for Ptarmigan Townhouses recorded under Reception Number 153557 and amendments and supplements thereto in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.
Dated this 21st day of April, 2011.
/s/ Larry W. Holthus
Larry W. Holthus
Published May 5, 12, 19, 26 and June 2, 2011 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE - PUBLICATION
CRS §38-38-103 FORECLOSURE
SALE NO. 2011-025
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On February 23, 2011, 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): Chris Bolos and Tara Bolos
Original Beneficiary(ies): Universal Mortgage Corporation
Current Holder of Evidence of Debt: Wells Fargo Bank, N.A.
Date of Deed of Trust: 4/10/2008
County of Recording: Archuleta
Recording Date of Deed of Trust: 4/15/2008
Recording Reception Number: 20802731***
Original Principal Amount: $208,000.00
Outstanding Principal Balance: $215,994.38
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 260 IN PAGOSA HIGHLANDS ESTATES, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD FEBRUARY 7, 1972 AS RECEPTION NO. 75409.
***LOAN MODIFICATION AGREEMENT SIGNED BY CHRIS BOLOS AND TARA BOLOS ON MAY 26, 2010.
Also known by street and number as: 160 Hawk 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, 06/23/2011, 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: 4/28/2011
Last Publication: 5/26/2011
Name of Publication: Pagosa Springs Sun
DATE: 02/23/2011
Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado
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
Caren Jacobs Castle #11790
Barbara Bader #10394
Katharine E. Fisher #39230
Anthony L. Converse #40212
Jeffrey C. Gaston #40389
Deanne R. Stodden #33214
Jennifer C. Rogers #34682
Christopher T. Groen #39976
Jeffrey C. Gaston #40389
Reagan Larkin #42309
Elizabeth S. Marcus #16092
Britney Beall-Eder #64935
Kimberly L. Martinez #40351
Jason C. Hilliard #40856
Castle 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 #: 11-02483
©Colorado Public Trustees’ Association Revised 12/2009
Published April 28, May 5, 12, 19 and 26, 2011 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE - AMENDED - PUBLICATION
FORECLOSURE
SALE NO. 2011-024
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On February 23, 2011, 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): Manfred S Failla and Deanna L Failla
Original Beneficiary(ies): Mortgage Electronic Registration Systems, Inc. acting solely as nominee for Equity One, Inc.
Current Holder of Evidence of Debt: Deutsche Bank National Trust Company as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2007-A
Date of Deed of Trust: 3/21/2007
County of Recording: Archuleta
Recording Date of Deed of Trust: 4/5/2007
Recording Reception Number: 20702834
Original Principal Amount: $222,515.00
Outstanding Principal Balance: $233,257.80
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
LEGAL DESCRIPTION
ALL THE REAL PROPERTY, TOGETHER WITH IMPROVEMENTS, IF ANY, SITUATE, LYING AND BEING IN THE COUNTY OF ARCHULETA AND STATE OF COLORADO, DESCRIBED AS FOLLOWS:
LOTS 251 AND 252, LAKE FOREST ESTATES, ACCORDING TO THE PLAT THEREOF FILED JUNE 4, 1973, AS RECEPTION NO. 77869, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.
ADDRESS: 26 EBONY CT.; PAGOSA SPRINGS, CO 811478399 TAX MAP OR PARCEL ID NO.: 569918205035
Also known by street and number as: 26 Ebony Court, Pagosa Springs, CO 81147
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed 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, 07/21/2011 the date to which the sale has been continued pursuant to C.R.S. 38-38-103(2)(a), 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.
Amended First Publication 4/28/2011
Amended Last Publication: 5/26/2011
Name of Publication: Pagosa Springs Sun
DATE: 4/18/2011
Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado
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 #: 1185.02026
©Colorado Public Trustees’ Association Revised 12/2009
Published April 28, May 5, 12, 19 and 26, 2011 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE - AMENDED - PUBLICATION
FORECLOSURE
SALE NO. 2011-022
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On February 16, 2011, 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): George P. Bartlett and Angelina Bartlett
Original Beneficiary(ies): Mortgage Electronic Registration Systems, Inc., acting solely as nominee for CITIZENS BANK OF PAGOSA SPRINGS
Current Holder of Evidence of Debt: Nationstar Mortgage LLC
Date of Deed of Trust: 12/20/2005
County of Recording: Archuleta
Recording Date of Deed of Trust: 12/21/2005
Recording Reception Number: 20513542
Original Principal Amount: $223,500.00
Outstanding Principal Balance: $230,995.12
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
LEGAL DESCRIPTION
LOT 159, PAGOSA HIGHLANDS ESTATES, ACCORDING TO THE PLAT THEREOF FILED FEBRUARY 7, 1972, AS RECEPTION NO. 75409, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.
Also known by street and number as: 49 Cimarona 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, 07/14/2011 the date to which the sale has been continued pursuant to C.R.S. 38-38-103(2)(a), 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.
Amended First Publication: 4/28/2011
Amended Last Publication: 5/26/2011
Name of Publication: Pagosa Springs Sun
DATE: 4/18/2011
Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado
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 #: 9696.01742
©Colorado Public Trustees’ Association Revised 12/2009
Published April 28, May 5, 12, 19 and 26, 2011 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE - AMENDED - PUBLICATION
FORECLOSURE
SALE NO. 2011-026
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On February 23, 2011, 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): Lynn P. Overton and Renee M Samson
Original Beneficiary(ies): CitiMortgage, Inc.
Current Holder of Evidence of Debt: CitiMortgage, Inc.
Date of Deed of Trust: 3/16/2005
County of Recording: Archuleta
Recording Date of Deed of Trust: 3/21/2005
Recording Reception Number: 20502452
Original Principal Amount: $174,400.00
Outstanding Principal Balance: $160,841.75
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 570, TWINCREEK VILLAGE, ACCORDING TO THE PLAT THEREOF FILED NOVEMBER 5, 1973, AS RECEPTION NO. 78739, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO
Also known by street and number as: 260 Capitan 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, 07/21/2011 the date to which the sale has been continued pursuant to C.R.S. 38-38-103(2)(a), 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.
Amended First Publication: 4/28/2011
Amended Last Publication: 5/26/2011
Name of Publication: Pagosa Springs Sun
DATE: 4/19/2011
Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado
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 #: 1175.14067
©Colorado Public Trustees’ Association Revised 12/2009
Published April 28, May 5, 12, 19 and 26, 2011 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.
CALLAHAN AND ZALINSKY ASSOCIATES, LLC 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: 10 CV291
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 July 27, 2010 at Reception No. 21004957 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 07, Building Number 07, Unit Week Number 33, in “EAGLE’S LOFT – Phase One, as Reception No. 122508 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 April 4, 2011the outstanding balance due and owing on such judgment is $ 2,711.66.
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 Aug. 3, 2011 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 21st day of April, 2011
/s/ Peter L. Gonzalez
Peter L. Gonzalez
Sheriff, Archuleta County, Colorado
Sale Date: August 3, 2011 at 10:00 a.m.
BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS TO COVER THEIR HIGHEST BID AT THE TIME OF THE SALE. CERTIFIED FUNDS ARE PAYABLE TO THE REGISTRY OF THE ARCHULETA COUNTY DISTRICT COURT.
Colorado Statutes attached: Colorado Revised Statutes §38-37-108, 38-38-103, 38-38-104,38-38-301,38-38-304,38-38-305, and 38-38-306.
Published April 28, May 5, 12, 19 and 26, 2011 in The Pagosa Springs SUN.
_________________________________________
ARCHULETA COMBINED COURTS
P.O. BOX 148
PAGOSA SPRINGS, CO 81147
Case No. 11C105
PUBLIC NOTICE OF PETITION
FOR CHANGE OF NAME
Public Notice is given on April 15, 2011, that a Petition for a Change of Name of an Adult has been filed with the Archuleta Combined Court.
The Petition requests that the name of Tonya Melinda Rogers be changed to Tonya Melinda Hamilton.
/s/ Debbie Tully
Clerk of Court
Published April 28, May 5 and 12, 2011 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.
MARK A. EVANKO, DEBORAH A. EVANKO 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 Email: ronin47@centurytel.net
Case Number: 10 CV274
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 August 23, 2010 at Reception No. 21005656 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 33 Building Number 33, Unit Week Number 02, in “EAGLE’S LOFT – Phase One, as Reception No. 122508 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 April 4, 2011, the outstanding balance due and owing on such judgment is $ 2,668.66.
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 July 27, 2011 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 21st day of April, 2011
/s/ Peter L. Gonzalez
Peter L. Gonzalez
Sheriff, Archuleta County, Colorado
Sale Date: July 27th, 2011 at 10 a.m.
BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS TO COVER THEIR HIGHEST BID AT THE TIME OF THE SALE. CERTIFIED FUNDS ARE PAYABLE TO THE REGISTRY OF THE ARCHULETA COUNTY DISTRICT COURT.
Colorado Statutes attached: Colorado Revised Statutes §38-37-108, 38-38-103, 38-38-104,38-38-301,38-38-304,38-38-305, and 38-38-306.
Published April 28, May 5, 12, 19 and 26, 2011 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.
PAMELA ROSE KIER 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: 10CV306
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 August 23, 2010 at Reception No. 210056664 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 44, Building Number 44, Unit Week Number 18, in “EAGLE’S LOFT – Phase IV, as Reception No. 137941 and in accordance with and as limited and defined by the Declaration of Individual and/or Interval Ownership, recorded under Reception Number 117700 in Book 200 at Page 834 et seq and amendments and supplements thereto in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.
The Plaintiff named above is the judgment creditor in this action and the lienor of the property pursuant to the Colorado Common Interest Ownership Act, Colorado revised Statutes, §33-33.3-316(2)(a), and the Plaintiff’s Property Owners Association Declaration for Eagles’ Loft Property Owners Association. As of April 4, 2011, the outstanding balance due and owing on such judgment is $2,686.66
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 July 27, 2011 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 21st day of April, 2011.
/s/ Peter L. Gonzalez
Peter L. Gonzalez
Sheriff, Archuleta County, Colorado
Sale Date: July 27, 2011 at 10 a.m..
BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS TO COVER THEIR HIGHEST BID AT THE TIME OF THE SALE. CERTIFIED FUNDS ARE PAYABLE TO THE REGISTRY OF THE ARCHULETA COUNTY DISTRICT COURT.
Colorado Statutes attached: Colorado Revised Statutes §38-37-108, 38-38-103, 38-38-104,38-38-301,38-38-304,38-38-305, and 38-38-306.
Published April 28, May 5, 12, 19 and 26, 2011 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
MOUNTAIN MEADOWS PROPERTY OWNERS ASSOCIATION, INC.
Plaintiff
v.
CALLAHAN AND ZALINSKY ASSOCIATES, INC. 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: 10CV230
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 Mountain Meadows 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 Mountain Meadows Property Owners Association, Inc. of (said) Assessment Lien being recorded on July 27, 2010 at Reception No. 21004956, 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:
One White Unit Week as said Week is defined in the Declaration of Interval Ownership for Mountain Meadows recorded under Reception No. 137132, and amendments and supplements thereto in Building Number 1 of Mountain Meadows – Phase One as described and delineated on the Plat captioned “Mountain Meadows – Phase One” filed for record under Reception No 137131. Together with a right of ingress and egress over the existing road to Lakeside Drive.
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 Mountain Meadows Property Owners Association. As of April 4, 2011, the outstanding balance due and owing on such judgment is $2,686.25.
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 Aug. 3, 2011 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 21st day of April, 2011.
/s/ Peter L. Gonzalez
Peter L. Gonzalez
Sheriff, Archuleta County, Colorado
Sale Date: August 3, 2011 at 10:00 a.m.
BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS TO COVER THEIR HIGHEST BID AT THE TIME OF THE SALE. CERTIFIED FUNDS ARE PAYABLE TO THE REGISTRY OF THE ARCHULETA COUNTY DISTRICT COURT.
Colorado Statutes attached: Colorado Revised Statutes §38-37-108, 38-38-103, 38-38-104,38-38-301,38-38-304,38-38-305, and 38-38-306.
Published April 28, May 5, 12, 19 and 26, 2011 in The Pagosa Springs SUN.
_________________________________________
Notice of Exchange Proposal
Village at Wolf Creek Land Exchange
Rio Grande National Forest
Mineral County, Colorado
Notice is hereby given that the Forest Service, United States Department of Agriculture, is considering an exchange of land and interests in land with Leavell-McCombs Joint Venture (the non-federal party), under the authority of the Act of March 20, 1922, as amended (16 U.S.C. 485, 486), Act of October 21, 1976, as amended (43 U.S.C. 1716), and the Act of August 20, 1988 (43 U.S.C. 1716).
The lands and interests in land under the jurisdiction of the Forest Service that are being considered for exchange are described as: portions of Sections 3, 4, 5, and 9, T. 37 N.,
R. 2 E., N.M.P.M., Mineral County, Colorado, containing 204.4 acres, more or less.
The non-Federal lands that are being considered for exchange are described as: a portion of Tract 37 in Sections 4, 5, 8 and 9, T. 37 N., R. 2 E., N.M.P.M., Mineral County, Colorado, containing 177.6 acres, more or less.
Any or all of the above-described lands may be exchanged if values are equal. If the values are unequal, either party may equalize the values by making cash payment. This payment may not exceed 25 percent of the value of the lands and interest in lands transferred out of Federal ownership.
Floodplains and/or wetlands may be involved, and may fall under the requirements of Executive Orders 11988 and 11990. The Forest Service proposes to acquire land with wetlands associated with the North and South Branches of Pass Creek and their tributaries in Alberta Park in Mineral County. The Forest Service proposes to exchange lands with wetlands associated with the North and South Branches of Pass Creek and their tributaries in Alberta Park in Mineral County.
The Federal lands have been segregated from appropriation under the public land laws and mineral laws as of February 7, 2011, for a period not to exceed 5 years by the Bureau of Land Management, USDI.
Persons claiming such properties or having valid objections to this proposed exchange must file their claims or objections with Forest Supervisor, Rio Grande National Forest, 1803 West Highway 160, Monte Vista, CO 81144, within 45 days after the initial date of publication of this notice.
Published April 21, 28, May 5 and 12, 2011 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE - PUBLICATION
CRS §38-38-103 FORECLOSURE
SALE NO. 2011-022
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On February 16, 2011, 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): George P. Bartlett and Angelina Bartlett
Original Beneficiary(ies): Mortgage Electronic Registration Systems, Inc., acting solely as nominee for CITIZENS BANK OF PAGOSA SPRINGS
Current Holder of Evidence of Debt: Nationstar Mortgage LLC
Date of Deed of Trust: 12/20/2005
County of Recording: Archuleta
Recording Date of Deed of Trust: 12/21/2005
Recording Reception Number: 20513542
Original Principal Amount: $223,500.00
Outstanding Principal Balance: $230,995.12
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
LEGAL DESCRIPTION
LOT 159, PAGOSA HIGHLANDS ESTATES, ACCORDING TO THE PLAT THEREOF FILED FEBRUARY 7, 1972, AS RECEPTION NO. 75409, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.
Also known by street and number as: 49 Cimarona 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, 06/16/2011, 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: 4/21/2011
Last Publication: 5/19/2011
Name of Publication: Pagosa Springs Sun
DATE: 02/16/2011
Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado
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 #: 9696.01742
©Colorado Public Trustees’ Association Revised 12/2009
Published April 21, 28, May 5, 12 and 19, 2011 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE - PUBLICATION
CRS §38-38-103 FORECLOSURE
SALE NO. 2011-023
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On February 16, 2011, 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): Sean D Downing and Darcy K Downing
Original Beneficiary(ies): Mortgage Electronic Registration Systems. Inc., acting solely as nominee for lender, Genesis Mortgage Pagosa, Inc.
Current Holder of Evidence of Debt: Federal National Mortgage Association
Date of Deed of Trust: 7/25/2005
County of Recording: Archuleta
Recording Date of Deed of Trust: 7/27/2005
Recording Reception Number: 20507601
Original Principal Amount:$152,000.00
Outstanding Principal Balance: $142,039.93
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 6 AND 7, 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: 314 Sam Houston, 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, 06/16/2011, 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: 4/21/2011
Last Publication: 5/19/2011
Name of Publication: Pagosa Springs Sun
DATE: 02/16/2011
Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado
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:
Michael Medved #14669
Heather Deere #28597
Stephen Harkess #30968
Michael Medved 355 UNION BLVD. STE 302, LAKEWOOD, CO 80228 (303) 274-0155
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 #: 10-914-16620
©Colorado Public Trustees’ Association Revised 12/2009
Published April 21, 28, May 5, 12 and 19, 2011 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.
JUNE CLAY HOLT, THE PERSONAL REPRESENTATIVE OF JUNE CLAY HOLT, THE ESTATE OF JUNE CLAY HOLT, THE HEIRS AND DEVISEES OF THE ESTATE OF JUNE CLAY HOLT 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
Email: ronin47@centurytel.net
Atty. Reg. No.: 10535
Case Number: 10CV305
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 August 23, 2010 at Reception No. 21005660 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 21 Building Number 21, Unit Week Number 37, 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 March 21, 2011, the outstanding balance due and owing on such judgment is $2,572.64.
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 July 20, 2011 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 8th day of April, 2011.
/s/ Peter L. Gonzalez
Peter L. Gonzalez
Sheriff, Archuleta County, Colorado
Sale Date: July 20, 2011 at 10:00 a.m.
BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS TO COVER THEIR HIGHEST BID AT THE TIME OF THE SALE. CERTIFIED FUNDS ARE PAYABLE TO THE REGISTRY OF THE ARCHULETA COUNTY DISTRICT COURT.
Colorado Statutes attached: Colorado Revised Statutes §38-37-108, 38-38-103, 38-38-104,38-38-301,38-38-304,38-38-305, and 38-38-306.
Published April 21, 28, May 5, 12 and 19, 2011 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.
L. MARSHALL NAGLE, THE ESTATE OF L. MARSHALL NAGLE, THE PERSONAL REPRESENTATIVE OF L. MARSHALL NAGLE, THE HEIRS AND DEVISEES OF L. MARSHALL NAGLE, PAULINE L. NAGLE, THE ESTATE OF PAULINE L. NAGLE, THE PERSONAL REPRESENTATIVE OF PAULINE L. NAGLE, THE HEIRS AND DEVISEES OF PAULINE L. NAGLE 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: 10CV319
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 August 23, 2010 at Reception No. 21005671, 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 56 Building Number 56, Unit Week Number 16, in “EAGLE’S LOFT – Phase IV, as Reception No. 137941 and in accordance with and as limited and defined by the Declaration of Individual and/or Interval Ownership, recorded under Reception Number 117700 in Book 200 at Page 834 et seq and amendments and supplements thereto in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.
The Plaintiff named above is the judgment creditor in this action and the lienor of the property pursuant to the Colorado Common Interest Ownership Act, Colorado revised Statutes, §33-33.3-316(2)(a), and the Plaintiff’s Property Owners Association Declaration for Eagles’ Loft Property Owners Association. As of March 21, 2011, the outstanding balance due and owing on such judgment is $2,570.16.
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 July 20, 2011 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 8th day of April, 2011
/s/ Peter L. Gonzalez
Peter L. Gonzalez
Sheriff, Archuleta County, Colorado
Sale Date: July 20, 2011 at 10:00 a.m.
BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS TO COVER THEIR HIGHEST BID AT THE TIME OF THE SALE. CERTIFIED FUNDS ARE PAYABLE TO THE REGISTRY OF THE ARCHULETA COUNTY DISTRICT COURT.
Colorado Statutes attached: Colorado Revised Statutes §38-37-108, 38-38-103, 38-38-104,38-38-301,38-38-304,38-38-305, and 38-38-306.
Published April 21, 28, May 5, 12 and 19, 2011 in The Pagosa Springs SUN.
_________________________________________
COMBINED NOTICE - PUBLICATION
CRS §38-38-103 FORECLOSURE
SALE NO. 2011-020
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On February 9, 2011, 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): Bennie N. Johnson
Original Beneficiary(ies): H & R Block Mortgage Corporation
Current Holder of Evidence of Debt: Wells Fargo Bank, N.A., as Trustee for Structured Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2006-OPT1
Date of Deed of Trust: 12/12/2005
County of Recording: Archuleta
Recording Date of Deed of Trust: 12/22/2005
Recording Reception Number: 20513601
Original Principal Amount: $193,500.00
Outstanding Principal Balance: $185,363.09
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 13, BLOCK 30, TOWN OF PAGOSA SPRINGS, COUNTY OF ARCHULETA, STATE OF COLORADO.
Also known by street and number as: 175 Hermosa 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, 06/09/2011, 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: 4/14/2011
Last Publication: 5/12/2011
Name of Publication: Pagosa Springs Sun
DATE: 02/09/2011
Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado
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 #: 6662.24663
©Colorado Public Trustees’ Association Revised 12/2009
Published April 14, 21, 28, May 5 and 12, 2011 in The Pagosa Springs SUN.
_________________________________________
District Court, Archuleta County, State of Colorado
Court Address: PO Box 148, 449 San Juan St.
Pagosa Springs, CO 81147
EAGLE’S LOFT PROPERTY OWNERS ASSOCIATION, INC.
Plaintiffs,
vs.
LEROY L. ORTIZ AND RUBY ORTIZ TRUSTEES OF THE LEROY L. ORTIZ AND RUBY ORTIZ REVOCABLE TRUST and All Unknown Persons Who Claim Any Interest In The Subject Matter Of This Action,
Defendants.
Attorney for Plaintiffs:
Larry W. Holthus
PO Box 1737
Pagosa Springs, CO 81147
Phone Number: (970) 264-4196
FAX Number: (970) 264-4197
Atty. Reg. #: 10535
Case Number11CV46
SUMMONS BY PUBLICATION
THE PEOPLE OF THE STATE OF COLORADO TO THE ABOVE NAMED DEFENDANTS:
You are hereby summoned and required to appear and defend against the claims of the Complaint filed with the Court in this action, by filing with the Clerk of this Court, an Answer or other response. You are required to file your Answer or other response within thirty (30) days after the date of the last publication. A copy of the Complaint may be obtained from the Clerk of the Court.
If you fail to file your Answer or other response to the Complaint in writing within thirty (30) days after the date of the last publication, judgment by default may be rendered against you by the Court for the relief demanded in the Complaint without further notice.
This is an action to quiet title to:
Unit Number 22, Building Number 22, Unit Week Number 45, in “EAGLE’S LOFT – Phase Three, as Reception No. 130203 and in accordance with and as limited and defined by the Declaration of Individual and/or Interval Ownership, recorded under Reception Number 117700 in Book 200 at Page 834 et seq and amendments and supplements thereto in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.
Dated this 28th day of March, 2011.
/s/ Larry W. Holthus
Larry W. Holthus
Published April 14, 21, 28, May 5 and 12, 2011 in The Pagosa Springs SUN.
_________________________________________