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Legals Notices 02/16/12

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NOTICE OF REGULAR MUNICIPAL ELECTION

TO WHOM IT MAY CONCERN and particularly to the electors of the Town of Pagosa Springs, Colorado:

Pursuant to Section 31-2-210(4) , C.R.S., and Section 3.9 D) of the Town of Pagosa Springs Home Rule Charter of 2003, public notice is hereby given that the Town of Pagosa Springs, Colorado, at its public meeting on February 7, 2012 held a public hearing on and thereafter adopted Ordinance No. 767 (Series 2012) calling the regular election to be held on April 3, 2012 as a polling place election, designating an election official and submitting to the registered electors of the Town of Pagosa Springs the questions of amending Sections 2.1, 2.3, 2.8, 3.1, 3.2, 3.2.5, 3.9, 3.10, 4.1, 4.2, 4.6, 4.7, 4.8, 5.1, 5.2, 5.3, 5.4, 5.7, 5.9, 6.3, 6.5, 6.6, 7.1, 7.2, 7.7, 10.4, 10.5, 10.7, 11.1 and 12.14 of the Home Rule Charter of 2003. The effective date of the Ordinance is February 7, 2012. The full text of the Ordinance, including any amendments, is available for public inspection at the office of the Town Clerk at Town Hall.

Notice is also given that pursuant to the Pagosa Springs Home Rule Charter and the Municipal Election Code, the regular municipal election of the Town of Pagosa Springs, Colorado, will be held on Tuesday April 3, 2012 between the hours of 7:00 a.m. and 7:00 p.m. The corporate limits of the Town of Pagosa Springs shall constitute one precinct and the polling place for the said Election shall be the Town Hall, 551 Hot Springs Boulevard, in the Town of Pagosa Springs, Colorado. At that time, three (3) Council members at-large will be elected to serve a four-year term.

Notice is further given that the proposed Amendments to the Home Rule Charter of 2003 and the questions to be submitted to the registered electors are as follows:

TOWN CHARTER AMENDMENTS FOR CORRECTION AND CLARIFICATION PURPOSES.

For correction and clarification purposes, the following proposed amendments to Sections 3.1, 3.2, 3.10, 6.5, 10.4, 10.5 and 12.14 of the Charter will be submitted to the registered electors at the regular municipal election to be held on April 3, 2012 by deleting the words that are struck over and by adding the capitalized and double-underlined words:

ARTICLE 3

PROCEDURES FOR THE COUNCIL

Section 3.1 Regular Meetings of Council

A) Regular Meetings. The Council shall hold regular meetings at least once a month and shall schedule by ordinance a time, date and place for regular meetings.

B) Organizational Meeting. At the first regular meeting following a regular election, and before the Council conducts any official business other than approval of minutes from past meetings, the Town Clerk shall administer the oath of office to newly-elected Members of the Council, and they shall assume office at that time.

C) MEETING PROTOCOL. AT ANY REGULAR MEETING OF THE COUNCIL, NO ACTION SHALL BE TAKEN BY THE COUNCIL ON ANY ITEM OF BUSINESS THAT IS NOT REASONABLY RELATED TO THE SUBJECT MATTER INDICATED BY THE NOTICE OF THE MEETING, WHERE INCLUSION OF SUCH SPECIFIC AGENDA INFORMATION WAS POSSIBLE.

D) THE COUNCIL SHALL CAUSE WRITTEN MINUTES OF ITS REGULAR MEETINGS TO BE TAKEN AND RETAINED IN THE RECORDS OF THE TOWN.

Section 3.2 Special Meetings

A) Special meetings shall be called by the Town Clerk on the written request of the Mayor, Town Manager, or a majority of the Council members then in office.

1) A special meeting shall be held on at least twenty-four (24) hours notice communicated to each member of the Council. Advance notice of such meeting shall be posted in one public place.

2) At any special meeting of the Council, no action shall be taken by the Council on any item of business that has not been stated in the notice of the meeting.

B) MEETING PROTOCOL. AT ANY SPECIAL MEETING OF THE COUNCIL, NO ACTION SHALL BE TAKEN BY THE COUNCIL ON ANY ITEM OF BUSINESS THAT IS NOT REASONABLY RELATED TO THE SUBJECT MATTER INDICATED BY THE NOTICE OF THE MEETING, WHERE INCLUSION OF SUCH SPECIFIC AGENDA INFORMATION WAS POSSIBLE.

B) C) The Council shall cause written minutes of its regular and special meetings to be taken and retained in the records of the Town.

Section 3.10 Emergency Ordinances

A) An ordinance that is immediately necessary for the preservation of public peace, health, or safety may be enacted upon a single reading as an “emergency ordinance” at any regular or special meeting of the Council by the affirmative vote of a majority of the Council members present. Any emergency ordinance shall state expressly that it is an emergency ordinance and shall describe the nature of the emergency. An emergency ordinance shall take effect immediately upon passage. The ordinance shall be posted, and a notice thereof shall be published, as provided above in Section 3.9 (BD) as soon as reasonably possible.

ARTICLE 6

TOWN ATTORNEY AND MUNICIPAL COURT

Section 6.5 Municipal Court Clerk ADMINISTRATOR

The Town Manager may designate a person to perform the duties of Municipal Court Clerk ADMINISTRATOR and provide for such compensation as deemed appropriate by the Council.

ARTICLE 10

UTILITIES, FRANCHISES, TOWN PROPERTY

Section 10.4 Water and Geothermal Water Rights and Control of Water Reserved to Town

A) The Town shall have the right and power to buy, appropriate, adjudicate, sell, condemn, exchange, lease, own, control and otherwise deal in water and geothermal water rights, including the right to compel the dedication and conveyance of all water rights associated with real property as a condition precedent to obtaining or maintaining water or other municipal services from the Town.

B) Council shall adopt procedures to identify, document, and permanently record the ownership of all water and geothermal water rights associated with all property located within the Town. Nothing contained in this section shall be construed as prohibiting Council from adopting appropriate ordinances, which limit or prohibit the transfer or application of water associated with one parcel or development to another parcel or development.

C) No franchise, right, or privilege shall be granted affecting the use of water, geothermal water or water rights belonging to the Town, or affecting its water systems, without retaining ownership of such property in the Town. No such franchise right or privilege shall allow or create an encumbrance on such property in favor of a third party, or be for a term exceeding ten (10) years. Any such franchise, right, or privilege shall terminate automatically if necessary to preserve or maintain the property or right or the Town’s ownership.

D) ISSUANCE OF A WATER OR GEOTHERMAL WATER TAP FOR THE USE OF WATER OR GEOTHERMAL WATER FOR SUCH PERIOD AS THE TOWN PROVIDES THE SERVICE AND THE USER COMPLIES WITH REGULATIONS APPLICABLE TO THE SERVICE, BUT OTHERWISE NOT LIMITED BY TERM, SHALL NOT BE DEEMED A GRANT OF A FRANCHISE, RIGHT, OR PRIVILEGE UNDER THIS SECTION AND DOES NOT VIOLATE THIS SECTION.

Section 10.5 Mineral Rights

A) The Town shall have the right and power to buy, appropriate, sell, condemn, exchange, lease, own, control and otherwise deal in mineral rights, including the right to compel the dedication and conveyance of all mineral rights associated with real property as a condition precedent to obtaining or maintaining use or development rights or other municipal services from the Town.

B) Council shall adopt procedures to identify, document, and permanently record the ownership of all mineral rights associated with all property located within the Town. Nothing contained in this section shall be construed as prohibiting Council from adopting appropriate ordinances, which limit or prohibit the transfer or application of mineral rights associated with one parcel or development to another parcel or development.

C) No franchise, right, or privilege shall be granted affecting the use of water, geothermal water or water rights belonging to the Town, or affecting its water systems, without retaining ownership of such property in the Town. No such franchise right or privilege shall allow or create an encumbrance on such property in favor of a third party, or be for a term exceeding ten (10) years. Any such franchise, right, or privilege shall terminate automatically if necessary to preserve or maintain the property or right or the Town’s ownership.

ARTICLE 12

MISCELLANEOUS AND LEGAL PROVISIONS

Section 12.14 Intergovernmental Relations

The Town shall have full power and authority to cooperate and contract with the United States of America, the State of Colorado, and any agency, council, commission or political subdivision thereof, including the power to accept gifts, LOANS and grants from such governmental entities for any public purpose.

Ballot Title for Ballot Question No. 1. The official ballot for Ballot Question No. 1 shall contain the following ballot title which shall also be the designation and submission clause for the question:

Ballot Question No. 1

Shall Sections 3.1, 3.2, 3.10, 6.5, 10.4, 10.5 and 12.14 of the Charter of the Town of Pagosa Springs be amended to update language, delete obsolete language, clarify language, make language more uniform with other provisions of the Charter and the Colorado Revised Statutes, correct typographical errors, and correct grammatical errors, as set forth in Section 2 of Ordinance No. 767.

TOWN CHARTER AMENDMENTS FOR PROVISIONS RELATED TO THE TOWN COUNCIL AND TOWN MANAGER.

For provisions related to the Town Council and Town Manager, the following proposed amendments to Sections 2.1, 2.3, 2.8, 3.1, 3.2.5, 3.9, 6.3, 6.6, 7.1, 7.2, 7.7, 10.7 and 11.1 of the Charter will be submitted to the registered electors at the regular municipal election to be held on April 3, 2012 by deleting the words that are struck over and by adding the capitalized and double-underlined words:

ARTICLE 2

TOWN COUNCIL

Section 2.1 Council Members

The Town Council, hereafter referred to as Council, shall consist of seven (7) members, which shall include a Mayor nominated and elected from the Town at large and six (6) Council Members, three (3) being district Council Members, nominated and elected one (1) each from each of the Town’s three (3) districts, and three (3) being at large Council Members, nominated and elected from the Town at large. TOWN COUNCIL MEMBERS SHALL NOT RECEIVE PAY EXCEPT BY VOTER APPROVAL, BUT MAY BE REIMBURSED FOR THEIR REASONABLE EXPENSES.

Section 2.3 Duties of the Mayor

A) The Mayor shall be a member of the Council and shall preside over meetings of the Council; and shall have all the powers, rights, and duties of a member of the Council, including the same voting rights as any Council Member.

B) The Mayor shall be recognized as the head of the Town government for all ceremonial purposes and shall execute and authenticate legal instruments requiring the signature of the Mayor. The Mayor shall have such other powers as may be conferred upon the Mayor by the Council so long as those powers are not in conflict with the provisions of this Charter.

C) THE TOWN COUNCIL MAY, FOR SPECIFIC AND LIMITED PURPOSES, DELEGATE CERTAIN NON-LEGISLATIVE DUTIES OF THE MAYOR TO THE TOWN MANAGER OR OTHER EMPLOYEES OF THE TOWN.

Section 2.8 Vacancies

A) A vacancy in the office of Mayor or Council Member shall exist if during the term of office the Mayor or a Council Member:

1) Is convicted of a felony;

2) Is no longer a resident of the Town, or in the case of district Council Members, a resident of the district from which he or she is elected;

3) Is hired as an employee of the Town;

4) Is no longer a registered elector of the Town;

5) Dies, is judicially declared incompetent, resigns, or is recalled without the election of a successor;

6) Has had three (3) consecutive unexcused absences from regular OR SPECIAL Council meetings or misses more than twenty-five percent (25%) of regular and special Council meetings in any twelve (12) month period. An absence from a regular OR SPECIAL Council meeting shall be considered unexcused only if the Council so determines, at the next regular OR SPECIAL meeting, by motion setting forth the reasons for the determination. The third consecutive unexcused absence shall be deemed to constitute a vacancy in the office effective on the date of the Council determination that such absence was unexcused.

B) Should the position of Mayor be vacated for any reason, the Mayor Pro Tem shall TAKE AN OATH OF OFFICE AS MAYOR, AND THEREUPON SHALL BECOME MAYOR AND SHALL perform all duties and have all powers of the Mayor until the next regular municipal election. At the next regular election, the office of Mayor shall be filled by election for the remainder of the unexpired term. Upon taking the oath of office, the Mayor Pro Tem shall no longer serve as a Council Member, and ALSO, UPON THE MAYOR PRO TEM TAKING OFFICE AS MAYOR, a vacancy shall exist in the Town Council office from which the Mayor Pro Tem was elected AND SUCH Such vacancy shall be filled in accordance with Subsection (C) of this section.

C) Should the position of a Council Member be vacated for any reason, the Council shall:

1) If more than 120 days remain in the unexpired term, select SOLICIT THE GENERAL PUBLIC FOR APPLICATION TO FILL THE VACANCY AND APPOINT a person meeting the qualifications either from the Town at large or from the district of the vacated Council seat to fill the position for the remainder of the unexpired term; or

2) If less than 120 days remain in the unexpired term, the position may remain vacant until the next regular municipal election.

ARTICLE 3

PROCEDURES FOR THE COUNCIL

Section 3.1 Regular Meetings of Council

A) Regular Meetings. The Council shall hold regular meetings at least once a month and shall schedule by ordinance a time, date and place for regular meetings.

B) Organizational Meeting. At the first regular OR SPECIAL meeting following a regular OR SPECIAL election, and before the Council conducts any official business other than approval of minutes from past meetings, the Town Clerk shall administer the oath of office to newly-elected Members of the Council, and they shall assume office at that time.

SECTION 3.2.5 EMERGENCY MEETINGS

AN EMERGENCY MEETING MAY BE HELD ONLY IF A QUORUM OF THE COUNCIL CONSENTS AND IF ALL COUNCIL MEMBERS ARE NOTIFIED, IF PRACTICAL. SUCH EMERGENCY MEETING SHALL BE CALLED ONLY FOR THE PURPOSE OF PRESERVATION OR PROTECTION OF PUBLIC HEALTH, PEACE, SAFETY OR PROPERTY. MAXIMUM PRACTICAL NOTICE SHALL BE GIVEN TO THE PUBLIC, STATING THE PURPOSE, TIME AND PLACE OF ANY SUCH MEETING.

Section 3.9 Procedure for Ordinances

The adoption of any ordinance shall require the affirmative vote of a majority of the Members of the Council present and voting but in no event less than three (3) Members of the Council.

The procedure for passage of an ordinance shall be:

A) First Reading. An ordinance shall be introduced and considered for first reading at a Council meeting. The ordinance may be read by title only if copies of the ordinance are available to the public at the meeting UPON REQUEST; otherwise, ordinances shall be read in full at the meeting. An ordinance may be approved, approved with amendments, disapproved, continued for amendments or continued for further consideration when presented on the first reading.

B) Publication. Upon approval on first reading, the title only of the ordinance shall be published, AS ESTABLISHED BY ORDINANCE, at least ten (10) days prior to each Council meeting at which it will be considered on second reading. The publication of the title of the ordinance, a statement identifying any fines or penalties for violation of the ordinance and a statement that the full text of the ordinance, including any amendments, shall be available for public inspection at the office of the Town Clerk.

C) Second Reading. After approval on first reading, the ordinance shall be considered for second reading. An ordinance may be approved, approved with minor amendments, disapproved, continued for substantive amendments or continued for further consideration before taking final action on second reading. In the event that consideration of an ordinance is continued for substantive amendments, publication of the title of the ordinance prior to second reading shall include a statement that the ordinance contains substantive amendments. An ordinance that is not approved on second reading within 135 days after approval on first reading shall be deemed disapproved.

Amendments to an ordinance at the second reading shall be considered minor if they are clerical or administrative in nature; if they reduce a fine, penalty or fee amount adopted on first reading; or, if they decrease the standards or requirements of a regulation adopted on first reading. Amendments to an ordinance at second reading shall be considered substantive if they increase a fine, penalty or fee; or, increase the standards or requirements of a regulation.

D) Final Publication. After final passage the ordinance shall be published, AS ESTABLISHED BY ORDINANCE, by title only along with a statement indicating the effective date of the ordinance and that the full text of the ordinance is available at the office of the Town Clerk.

E) Effective Date. Except for emergency ordinances, an ordinance shall take effect and be in force immediately upon final passage at second reading.

F) COUNCIL INITIATIVE. THE COUNCIL MAY REQUIRE VOTER APPROVAL OF ANY ORDINANCE PRIOR TO ITS TAKING EFFECT. VOTER APPROVAL SHALL BE SOUGHT FOLLOWING THE PROCEDURES FOR AN INITIATED ORDINANCE CONTAINED IN THIS CHARTER.

ARTICLE 6

TOWN ATTORNEY AND MUNICIPAL COURT

Section 6.3 Municipal Judge

The Council shall appoint a Municipal Judge for an indefinite term to serve at the pleasure AND ASSISTANT JUDGES FOR FOUR-YEAR TERMS AS DETERMINED NECESSARY TO TRANSACT THE BUSINESS of the Council COURT. Said Judge JUDGES may be removed with or without cause by the vote of four (4) Members of the Council at any time. The Council may appoint additional assistant or acting municipal judges as deemed appropriate from time to time. Municipal Judges shall be licensed to practice law in Colorado. Municipal Judges shall be compensated on a basis established by the Council provided that compensation shall not be based directly on the number of cases handled or heard by the Judge.

Section 6.6 Penalties

The Council shall prescribe, by ordinance, LIMITATIONS ON THE fines, jail sentences and other penalties for violation of Town ordinances and regulations. Except as necessary to comply with federal or state law or as otherwise established by ordinance, a fine for a single violation shall not exceed One Thousand Dollars ($1,000.00) and a jail sentence for a single violation shall not exceed one (1) year.

ARTICLE 7

TOWN ADMINISTRATION

Section 7.1 Town Manager

A) The Town Manager shall be the chief administrative officer of the Town. The Council, by a two-thirds (2/3) vote of all Members in office at the time, shall appoint a Town Manager who shall serve at the pleasure of the Council and at a salary fixed by the Council. Such appointment shall be within a reasonable time after a vacancy exists in the position and shall be made on the basis of executive and administrative qualifications with particular emphasis on actual experience and knowledge of the duties of the office.

B) The Town Manager shall, within a reasonable time after appointment as determined by the Council, reside within the corporate boundaries of the Town ARCHULETA COUNTY.

C) The job performance of the Town Manager shall be evaluated annually by the Council, and the Council shall review such evaluation with the Town Manager.

D) The Council, upon a majority vote of all Members of the Council, may remove DEMOTE OR TERMINATE the Town Manager or any Acting Town Manager from office. However, the Council shall provide the Town Manager or any Acting Town Manager with notice of its intent to consider such removal DEMOTION OR TERMINATION at its next regular or special meeting.

Section 7.2 Acting Town Manager

The Town Manager shall designate a qualified Town employee to serve as Acting Town Manager during the Manager’s temporary absence or disability. Whenever the position of Town Manager has been vacated, the Council shall make the appointment of an Acting Town Manager by a simple majority vote to carry out the responsibilities and duties of the Town Manager until the position is filled. UPON APPOINTMENT OF A NEW TOWN MANAGER AND WITH COUNCIL APPROVAL, THE ACTING TOWN MANAGER MAY RETURN TO THE PREVIOUS POSITION HELD WITH THE TOWN.

Section 7.7 Administrative Departments

The administrative functions of the Town will be performed within the administrative departments that exist on the effective date of this Charter AS CURRENTLY EXISTING OR PROVIDED BY ORDINANCE. The Town Manager may recommend to Council the establishment, alteration, consolidation, or abolishment by ordinance of administrative departments. THE TOWN MANAGER MAY The Council may, by ordinance, require Council approval to appoint or hire and terminate any administrative department head, UNLESS THE TOWN COUNCIL RESERVES SUCH POWER TO ITSELF BY ORDINANCE.

ARTICLE 10

UTILITIES, FRANCHISES, TOWN PROPERTY

Section 10.7 Public Utility Franchises

A) No public utility, including but not limited to, those providing water, sewer, cable TV, TRASH, electrical power, or natural gas, may use or occupy the streets, alleys and other property of the Town without obtaining a utility franchise or permit authorized by an ordinance adopted by the Council Members.

B) All franchise and utility permits shall be non-exclusive.

C) The Town shall have the power and authority within or without the Town to construct, condemn, purchase, acquire, lease, operate and maintain its own utilities, assets, equipment and everything in relation or in connection therewith and every utility franchise or permit granted by the Town shall be subject to the reserved right of the Town to acquire such utility by eminent domain.

D) All public utilities shall remain subject to the police power of the Town not withstanding anything to the contrary in the franchise or permit.

ARTICLE 11

LAND USE, DEVELOPMENT, AND DISTRICTS

Section 11.1 Comprehensive Plan

A) The Council shall develop, adopt and may from time to time, amend a comprehensive plan which shall address the future use and development of land, facilities and services in the Town, and any anticipated plans for annexations of property into the Town, for a period of at least five years from the date of its adoption or modification.

B) Prior to the adoption of the comprehensive plan, the Council shall conduct a public hearing to address the same.

C) At least annually WHEN DETERMINED APPROPRIATE BY THE TOWN COUNCIL, the Council shall hold a public meeting to address any necessary changes or modifications to the comprehensive plan.

D) The comprehensive plan shall serve as a guide for all future Council action concerning land use and development. Future land use and development may vary from the terms of the comprehensive plan only for good cause shown.

Ballot Title for Question No. 2. The official ballot for Ballot Question No. 2 shall contain the following ballot title which shall also be the designation and submission clause for the question:

Ballot Question No. 2

Shall Sections 2.1, 2.3, 2.8, 3.1, 3.2.5, 3.9, 6.3, 6.6, 7.1, 7.2, 7.7, 10.7 and 11.1 of the Charter of the Town of Pagosa Springs be amended to update the duties, powers, qualifications and responsibilities of the Town Council and Town Manager, and the procedures for filling vacancies of the same, and to amend the procedures for Town Council meetings and adopting ordinances, as set forth in Section 4 of Ordinance No. 767.

TOWN CHARTER AMENDMENTS RELATED TO ELECTIONS, INITIATIVE, REFERENDUM AND RECALL.

For amendments related to Elections, Initiative, Referendum and Recall, the following proposed amendments to Sections 4.1, 4.2, 4.6, 4.7, 4.8, 5.1, 5.2, 5.3, 5.4, 5.7 and 5.9 of the Charter will be submitted to the registered electors at the regular municipal election to be held on April 3, 2012 by deleting the words that are struck over and by adding the capitalized and double-underlined words:

ARTICLE 4

ELECTIONS

Section 4.1 Election Code

All Town elections shall be governed by the Colorado Municipal Election Code of 1965, TITLE 31, ARTICLES 10-11, as now existing or hereafter amended or modified, except as otherwise provided in this Charter, or by ordinance. The Town Council may, by ordinance or resolution, utilize the requirements and procedures of the Uniform Election Code of 1992, articles 1 through 13, title 1, C.R.S., in lieu of the Colorado Municipal Election Code of 1965 with respect to any election.

Section 4.2 Elector Qualifications

In order to vote in any election, an elector must be eighteen (18) years of age as of the day of the election, be a citizen of the United States of America, be registered with the Town Clerk or Archuleta County Clerk, not be in prison, and have legally resided for at least thirty (30) days immediately preceding the election in Colorado and in an area that is within the municipal limits of the Town as of the date of the election MEET THE QUALIFICATIONS SET FORTH IN THE COLORADO MUNICIPAL ELECTION CODE OF 1965, SECTION 31-10-201, C.R.S., AS NOW EXISTING OR HEREAFTER AMENDED OR MODIFIED, EXCEPT AS OTHERWISE PROVIDED IN THIS CHARTER OR BY ORDINANCE.

Section 4.6 Election Precincts

The Town shall consist of at least one election precinct per district, provided that the Council may, for the convenience of voters, establish additional precincts thirty NINETY (3090) days or more prior to any election. Any precincts so established shall remain for subsequent elections until otherwise provided by ordinance. No precinct, or part thereof, shall be located within more than one Council Member district.

Section 4.7 Procedures for Election

The establishment of regulations on VOTER registration, ELECTION judges, and clerks PETITIONS, and the conducting of elections shall be governed by the Colorado Municipal Election Code of 1965, TITLE 31, ARTICLES 10-11, as now existing, or hereafter amended or modified, except as otherwise provided in this Charter, or by ordinance.

Section 4.8 Instant Runoff Election for Mayor

A) For the purposes of this section: (1) a candidate shall be deemed “continuing” if the candidate has not been eliminated; (2) a ballot shall be deemed “continuing” if it is not exhausted; and (3) a ballot shall be deemed “exhausted,” and not counted in further stages of the tabulation, if all of the choices have been eliminated or there are no more choices indicated on the ballot. If a ranked-choice ballot gives equal rank to two or more candidates, the ballot shall be declared exhausted when such multiple rankings are reached. If a voter casts a ranked-choice ballot but skips a rank, the voter’s vote shall be transferred to that voter’s next ranked choice.

B) The Mayor shall be elected using a ranked-choice, or “instant runoff,” ballot. The ballot shall allow voters to rank a number of choices in order of preference equal to the total number of candidates for Mayor; provided, however, if the voting system, vote tabulation system, or similar or related equipment used by the Town and County cannot feasibly accommodate choices equal to the total number of candidates running for each office, then the Town Clerk may limit the number of choices a voter may rank to no fewer than three,. The ballot shall in no way interfere with a voter’s ability to cast a vote for a write-in candidate.

C) If a candidate receives a majority of the first choices, that candidate shall be declared elected. If no candidate receives a majority, the candidate who received the fewest first choices shall be eliminated and each vote cast for that candidate shall be transferred to the next-ranked continuing candidate on that voter’s continuing ballot. If, after this transfer of votes, any continuing candidate has a majority of the votes from the continuing ballots, that continuing candidate shall be declared elected.

D) If no continuing candidate receives a majority of votes from the continuing ballots after a candidate has been eliminated and his or her votes have been transferred to the next-ranked continuing candidate, the continuing candidate with the fewest votes from the continuing ballots shall be eliminated. All votes cast for that candidate shall be transferred to the next-ranked continuing candidate on each voter’s ballot. This process of eliminating candidates and transferring their votes to the next-ranked continuing candidates shall be repeated until a candidate receives a majority of the votes from the continuing ballots.

E) If the total number of votes of the two or more candidates credited with the lowest number of votes is less than the number of votes credited to the candidate with the next highest number of votes, those candidates with the lowest number of votes shall be eliminated simultaneously and their votes transferred to the next-ranked continuing candidate on each ballot in a single counting operation.

F) A tie between two or more candidates shall be resolved in accordance with State law.

G) The Town shall conduct a voter education campaign to familiarize voters with the ranked-choice or “instant runoff,” method of voting.

H) Any voting system, vote tabulation system, or similar or related equipment acquired by the Town and County shall have the capability to accommodate this system of ranked-choice or “instant run-off” balloting.

ARTICLE 5

INITIATIVE, REFERENDUM AND RECALL

Section 5.1 Initiative

A) The registered electors of the Town may initiate a proposed ordinance in accordance with the initiative power reserved by Article V, Section 1(9) of the State Constitution. Any initiated measure shall be in the form of an ordinance. Except as otherwise provided in this Charter, the ordinance shall be initiated pursuant to the State statutes TITLE 31, ARTICLE 11, C.R.S., which establish ESTABLISHES procedures for a municipal initiative.

B) When an initiative petition is presented to the Town Clerk for approval as to form, the Town Clerk shall reject the form and disapprove its circulation if, in addition to any other applicable grounds, the proposed ordinance contains more than one (1) subject. The Town Clerk shall determine that the ordinance contains more than one (1) subject if the matters addressed in the ordinance are not necessarily or properly connected, or are disconnected or incongruous.

C) An initiative petition shall be signed by registered electors of the Town equal in number to at least fifteen percent (15%) of the total number of electors of the Town registered to vote as of the date of the last regular Town election.

D) All signatures on said FOR AN INITIATIVE PETITION shall MUST be obtained within THE ninety (90) days before the date of filing the petition with DAY PERIOD IMMEDIATELY PRIOR TO SUBMITTAL OF THE SIGNED INITIATIVE PETITION TO the Town Clerk. Any such petition shall be addressed to the Council and may be the aggregate of two or more petition papers identical as to content and simultaneously filed by the Applicant PETITIONER.

Section 5.2 Referendum

A) The registered electors OF THE TOWN may require an adopted ordinance to be referred to them at an election in accordance with the referendum power reserved by Article V, Section 1(9) of the State Constitution. Except as otherwise provided in this Charter, the ordinance shall be referred in compliance with the State statutes TITLE 31, ARTICLE 11, C.R.S., which establish ESTABLISHES procedures for a municipal referendum.

B) The referendum power shall not apply to an emergency ordinance. However, this prohibition shall not prevent the use of the initiative power under Section 5.1 to repeal or amend an emergency ordinance.

C) A referendum petition shall be signed by registered electors of the Town equal in number to at least ten percent (10%) of the total number of electors of the Town registered to vote as of the date of the last regular Town election.

D) A referendum petition shall identify the ordinance or part thereof or code section it proposes to have approved or repealed.

E) All signatures on said petition shall be obtained within ninety (90) days before the date of filing the petition with the Town Clerk. Any such petition shall be addressed to the Council and may be the aggregate of two or more petition papers identical as to content and simultaneously filed by the Applicant PETITIONER, WHO SHALL BE A REGISTERED ELECTOR OF THE TOWN.

Section 5.3 Time For Submission of Referendum Petition and Suspension of Ordinance

Any person PETITIONER seeking a referendum on an enacted ordinance shall submit to the Town Clerk a written notice of intent to circulate a referendum petition AND THE PROPOSED FORM OF PETITION within thirteen (13) days after publication following final passage of the SUBJECT ordinance, and the Town Clerk shall promptly transmit same THE NOTICE OF INTENT to the Council. The petitioner PETITIONER shall then CIRCULATE AND file the SIGNED referendum petition with the Town Clerk within fourteen (14) days of submission of the notice of intent to circulate NO LATER THAN THIRTY (30) DAYS AFTER PUBLICATION FOLLOWING FINAL PASSAGE OF THE SUBJECT ORDINANCE. Upon filing of the notice of intent, the ordinance shall be suspended until one of the following has occurred:

A) Fourteen THIRTY (1430) days have passed since the filing PUBLICATION FOLLOWING FINAL PASSAGE of the notice of intent, SUBJECT ORDINANCE and a SIGNED referendum petition meeting all the requirements of this Charter has not been filed with the Town Clerk; or

B) The subject ordinance has been approved by the electorate in accordance with the provisions of this Charter; OR

C) THE COUNCIL HAS REPEALED THE SUBJECT ORDINANCE.

Section 5.4 Petition Requirements

A) Each signer of a petition shall sign his or her name, the date, and his or her place of residence by street and number. To each petition paper, there shall be attached a sworn affidavit by the circulator thereof stating the number of signers thereof, that each signature thereon is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant. Such petition shall be filed with the Town Clerk who shall, within ten (10) business days, canvass the signatures thereon. When a petition with sufficient signatures is filed within the time allowed by this Article, the Town Clerk shall present the petition to the Council at the next regular meeting.

B) If the petition does not contain a sufficient number of signatures of qualified electors of the Town, or if any other error or insufficiency is found in the petition, the Town Clerk shall, with in ten (10) business days of the filing of the petition, post a notice in the Town Clerk’s office to this effect, and it shall be the Petitioner’s duty to check with the Town Clerk on the tenth (10) business day after filing for such a notice. Five (5) business days from the date of posting of a notice of insufficiency shall be allowed for filing of supplemental or corrected petition papers, and the Town Clerk shall canvass the signatures of the corrected or supplemental petition within two (2) business days after receipt. Any petition amended and refiled in accordance with this subsection may not be amended and refiled more than once.

C) If still insufficient, the Clerk shall notify the petitioners of the insufficiency of the petitions and the proceeding shall terminate. Petitions shall be retained only for a period of one year. The termination of any proceeding due to insufficiency of petition shall preclude the initiation of any proceeding pertaining to the same subject matter or same elected town official for one year.

SECTION 5.4 PETITION REQUIREMENTS

A) EXCEPT AS OTHERWISE PROVIDED IN THIS CHARTER, A PETITION MUST BE IN THE FORM PROVIDED BY §31-11-106, C.R.S. THE FORM OF THE PETITION MUST BE SUBMITTED TO THE TOWN CLERK PRIOR TO CIRCULATION AND APPROVED OR REJECTED BY THE TOWN CLERK WITHIN FIVE (5) BUSINESS DAYS FOLLOWING THE TOWN CLERK’S RECEIPT OF SUCH FORM OF PETITION. REJECTION OF THE FORM OF PETITION SHALL NOT EXTEND THE TIME PERIOD FOR FILING A VALID SIGNED REFERENDUM PETITION.

B) UPON APPROVAL OF THE FORM OF PETITION BY THE TOWN CLERK, THE PETITION SHALL BE CIRCULATED AND SIGNED IN ACCORDANCE WITH §31-11-108, C.R.S AND THE SIGNED PETITION SHALL BE FILED WITH THE TOWN CLERK WITHIN THE APPLICABLE TIME PERIODS ESTABLISHED BY SECTIONS 5.1 AND 5.3 OF THIS CHARTER.

C) THE TOWN CLERK SHALL INSPECT THE SIGNED PETITION AND ISSUE A STATEMENT AS TO WHETHER THE SIGNED PETITION IS SUFFICIENT, WITHIN TEN (10) BUSINESS DAYS OF THE FILING OF THE SIGNED PETITION. A COPY OF THE STATEMENT OF SUFFICIENCY OR INSUFFICIENCY SHALL BE MAILED TO THE PETITIONER OR THE PETITIONER’S DESIGNEE, AND ALSO POSTED IN THE TOWN CLERK’S OFFICE. IT SHALL BE THE PETITIONER’S DUTY TO CHECK WITH THE TOWN CLERK ON THE TENTH (10) BUSINESS DAY AFTER FILING THE PETITION. A STATEMENT OF INSUFFICIENCY SHALL NOT EXTEND THE TIME PERIOD FOR FILING A VALID SIGNED REFERENDUM PETITION.

D) WHEN A PETITION IS DEEMED SUFFICIENT, THE TOWN CLERK SHALL PRESENT THE PETITION TO THE COUNCIL AT THE NEXT REGULAR MEETING. IF A PETITION IS INSUFFICIENT, THE PETITIONER SHALL HAVE FIVE (5) BUSINESS DAYS FROM THE DATE OF POSTING OF A NOTICE OF INSUFFICIENCY TO FILE SUPPLEMENTAL OR CORRECTED PETITION PAPERS WITH THE TOWN CLERK. THE TOWN CLERK SHALL VERIFY THE AMENDED OR SUPPLEMENTAL PETITION WITHIN TWO (2) BUSINESS DAYS AFTER RECEIPT THEREOF. ANY PETITION AMENDED AND REFILED IN ACCORDANCE WITH THIS SUBSECTION MAY NOT BE AMENDED AND REFILED MORE THAN ONCE.

E) IF AN AMENDED OR SUPPLEMENTAL PETITION IS DEEMED TO BE INSUFFICIENT, THE CLERK SHALL NOTIFY THE PETITIONER OF THE INSUFFICIENCY OF THE PETITIONS AND THE PROCEEDING SHALL TERMINATE. PETITIONS SHALL BE RETAINED ONLY FOR A PERIOD OF ONE YEAR. THE TERMINATION OF ANY PROCEEDING DUE TO INSUFFICIENCY OF A PETITION SHALL PRECLUDE THE INITIATION OF ANY PROCEEDING PERTAINING TO THE SAME SUBJECT MATTER OR SAME ELECTED TOWN OFFICIAL FOR ONE YEAR FROM THE DATE OF THE CLERK’S DETERMINATION OF INSUFFICIENCY.

Section 5.7 Submission of Initiative and Referendum To Electors

A) If the Council adopts an initiated or referred ordinance, it shall follow the procedures and publication requirements for all other ordinances as provided in Article 3. The proposed ordinance shall be published following first reading in accordance with Section 3.9 at least thirty days prior to the election. In addition to the contents required by Section 3.9, the notice following first reading shall state the date, time and place of the election. If approved, the ordinance shall take effect on the first business day following the election.

B) In the case of a Council initiated ordinance or, in the case of an elector referred or initiated ordinance if the Council does not enact the ordinance, or in the case of a Council initiated ordinance, if no election at which the proposal may be considered is to be held in the Town for any other purpose within one hundred fifty (150) days from the time the petition is submitted to the Council BY THE TOWN CLERK FOLLOWING A DETERMINATION OF SUFFICIENCY, then the Council shall, if not otherwise prohibited by the Colorado Constitution, call a special election within ninety (90) days from the date the SUCH petition was submitted TO THE COUNCIL.

C) The result of all elections held under the provisions of this Section shall be determined by a majority vote of the electors voting thereon.

Section 5.9 Ballot Title

The Town Clerk shall hold at least one (1) public hearing prior to setting the ballot title for an initiated or referred ordinance, and shall take into consideration any comments received at the public hearing in setting the title. THE DETERMINATION OF THE TOWN CLERK SHALL BE FINAL.

Ballot Title for Question No. 3. The official ballot for Ballot Question No. 3 shall contain the following ballot title which shall also be the designation and submission clause for the question:

Ballot Question No. 3

Shall Sections 4.1, 4.2, 4.6, 4.7, 4.8, 5.1, 5.2, 5.3, 5.4, 5.7 and 5.9 of the Charter of the Town of Pagosa Springs be amended to update the municipal election, initiative, referendum and recall procedures, as set forth in Section 6 of Ordinance No. 767.

TOWN OF PAGOSA SPRINGS

By: April Hessman, Town Clerk

Published February 16, 2012 in The Pagosa Springs SUN.

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SECOND READING

The second reading of Ordinance No. 765 (Series 2012) was completed at the Pagosa Springs Town Council Meeting held on February 7, 2012 at 5:00 p.m. in the Council Chambers at the Town Hall. ORDINANCE NO. 765 (SERIES 2012), AN ORDINANCE IDENTIFYING TOWN COUNCIL REGULAR MEETING DATES, LOCATIONS, TIMES AND AGENDA POSTING REQUIREMENTS. The Ordinance went into effect immediately upon its final passage at second reading on February 7, 2012. The full text of the Ordinance is available at the office of the Town Clerk at Town Hall.

Published February 16, 2012 in The Pagosa Springs SUN.

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SECOND READING

The second reading of Ordinance No. 766 (Series 2012) was completed at the Pagosa Springs Town Council Meeting held on February 7, 2012 at 5:00 p.m. in the Council Chambers at the Town Hall. ORDINANCE NO. 766 (SERIES 2012), AN ORDINANCE OF THE TOWN OF PAGOSA SPRINGS AMENDING SECTION 2.5.5.C.1 OF THE LAND USE AND DEVELOPMENT CODE. The Ordinance went into effect immediately upon its final passage at second reading on February 7, 2012. The full text of the Ordinance is available at the office of the Town Clerk at Town Hall.

Published February 16, 2012 in The Pagosa Springs SUN.

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Contents at Alpine Storage of Unit #7 Allen and Unit #19 Schutz will be confiscated/disposed of on February 17, 2012 if payment is not made in full by 9 a.m. Alpine Storage, 946-0572.

Published February 16, 2012 in The Pagosa Springs SUN.

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The Town of Pagosa Springs is soliciting proposals for the 2012 Public & Media Relations Services for Pagosa Springs, Colorado. A Request for Proposal and scope of work may be obtained at Town Hall at 551 Hot Springs Blvd or online at www.townofpagosasprings.com. Responses must be received by Friday, March 9th at 5pm.

Published February 16 and 23, 2012 in The Pagosa Springs SUN.

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A CALL FOR NOMINATIONS

(NOTICE BY PUBLICATION)

32-1-804.1; 32-1-804.3, 1-1-104(34), 32-1-905(2), C.R.S.

TO WHOM IT MAY CONCERN, and particularly, to the electors of the LOMA LINDA METROPOLITAN DISTRICT of Archuleta County, Colorado.

NOTICE IS HEREBY GIVEN that an election will be held on the 8th day of May, 2012, between the hours of 7:00 a.m. and 7:00 p.m. At that time, three (3) directors will be elected to serve 4-year terms and one (1) director will be elected to serve 2-year terms. Eligible electors of the Loma Linda Metropolitan District interested in serving on the board of directors may obtain a Self-Nomination and Acceptance form from the District Designated Election Official (DEO):

Lisa Jensen

1252 Loma Linda Drive

Pagosa Springs, CO 81147

(970) 264-0430

The Office of the DEO is open on the following days: Monday through Thursday from 7:30 to 9:30 p.m. and by appointment. To schedule an appointment, please call (970) 264-0430.

If the DEO determines that a Self-Nomination and Acceptance form is not sufficient, the eligible elector who submitted the form may amend the form once, at any time prior to 3:00 p.m. on Friday, March 2, 2012. The deadline to submit a Self-Nomination and Acceptance is close of Business on Friday, March 2, 2012 (not less than 67 days before the election). Earlier submittal is encouraged as the deadline will not permit curing an insufficient form. Affidavit of Intent To Be A Write-In-Candidate forms must be submitted to the office of the designated election official by the close of business on Monday, March 5, 2012 (the sixty-fourth day before the election).

NOTICE IS FURTHER GIVEN, an application for a mail-in ballot shall be filed with the designated election official no later than the close of business on Friday, Mary 4, 2012, except that, if the applicant wishes to receive the mail-in ballot by mail, the application shall be filed no later than the close of business on Tuesday, May 1, 2012.

LOMA LINDA METROPOLITAN DISTRICT

/s/ Lisa Jensen

Lisa Jensen Designated Election Official

Published February 16, 2012 in The Pagosa Springs SUN.

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A CALL FOR NOMINATIONS

TO WHOM IT MAY CONCERN, and, particularly, to the electors of the Los Pinos Fire Protection District of La Plata County & Archuleta County Colorado.

NOTICE IS HEREBY GIVEN that an election will be held on the 8TH day of May, 2012, between the hours of 7:00 a.m. and 7:00 p.m. At that time, 3 directors will be elected to serve 4-year terms. Eligible electors of the Los Pinos Fire Protection District interested in serving on the board of directors may obtain a Self-Nomination and Acceptance form from the District Designated Election Official, Larry Behrens of the Los Pinos Fire Protection District at 275 Browning Ave. Ignacio, Colorado, 81137 (970) 563-9501

The Office of the DEO is open on the following days: Monday- Friday from 8 a.m. to 5 p.m.

If the DEO determines that a Self-Nomination and Acceptance form is not sufficient, the eligible elector who submitted the form may amend the form once, at any time, prior to 3:00 p.m. on Friday, March 2, 2012. The deadline to submit a Self-Nomination and Acceptance is close of business on Friday, March 2, 2012 (not less than 67 days before the election). Earlier submittal is encouraged as the deadline will not permit curing an insufficient form. Affidavit of Intent to Be a Write-In-Candidate form must be submitted to the office of the designated election official by the close of business on Monday, March 5, 2012 (the sixty-fourth day before the election).

NOTICE IS FURTHER GIVEN, an application for a mail-in ballot shall be filed with the designated election official no later than the close of business on Friday, May 4, 2012, except that, if the applicant wishes to receive the mail-in ballot by mail, the application shall be filed no later than the close of business on Tuesday, May 1, 2012.

Los Pinos Fire Protection District

Larry Behrens

Published February 16, 2012 in The Pagosa Springs SUN.

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A CALL FOR NOMINATIONS

(NOTICE BY PUBLICATION OF)

32-1-804.1 C.R.S.

TO WHOM IT MAY CONCERN, and, particularly, to the electors of the Upper Pine River Fire Protection District of La Plata County, and Archuleta County, Colorado.

NOTICE IS HEREBY GIVEN that an election will be held on the 8th day of May, 2012, between the hours of 7:00 a.m. and 7:00 p.m. At that time, two directors will be elected to serve 4-year terms. Eligible electors of the Upper Pine River Fire Protection District interested in serving on the Board of Directors may obtain a Self-Nomination and Acceptance form from the District’s Designated Election Official, (DEO):

Elizabeth Jackson

515 Sower Drive

Bayfield, CO 81122

970-884-9508

The Office of the DEO is open on the following days: Monday through Friday from 8:30 a.m. to 4:00 p.m.

If the DEO determines that a Self-Nomination and Acceptance form is not sufficient, the eligible elector who submitted the form may amend the form once, at any time, prior to 3:00 p.m. on Friday, March 2, 2012. The deadline to submit a Self-Nomination and Acceptance form is close of business on Friday, March 2, 2012 (not less than 67 days before the election). Earlier submittal is encouraged as the deadline will not permit curing an insufficient form. Affidavit of Intent To Be A Write-In-Candidate forms must be submitted to the office of the DEO by the close of business on Monday, March 5, 2012 (the sixty-fourth day before the election).

NOTICE IS FURTHER GIVEN, an application for a mail-in ballot shall be filed with the DEO no later than the close of business on Friday, May 4, 2012, except that, if the applicant wishes to receive the mail-in ballot by mail, the application shall be filed no later than the close of business on Tuesday, May 1, 2012.

Upper Pine River Fire Protection District

/s/ Liz Jackson, Designated Election Official

Published February 16, 2012 in The Pagosa Springs SUN.

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CALL FOR NOMINATIONS FOR

UPPER SAN JUAN HEALTH SERVICE DISTRICT

TO WHOM IT MAY CONCERN, and particularly to the electors of the Upper San Juan Health Service District of Archuleta, Hinsdale and Mineral Counties, Colorado.

NOTICE IS HEREBY GIVEN that a regular election will be held on Tuesday, May 8, 2012, between the hours of 7:00 a.m. and 7:00 p.m. At that time, three (3) directors will be elected to serve a four-year term and one (1) director will be elected to serve a two year term.

Self-Nomination and Acceptance forms are available from Richard Babillis, the Designated Election Official for the District, at Pagosa Mountain Hospital, 95 S Pagosa Blvd, Pagosa Springs, CO 81147.

Self-Nomination and Acceptance forms must be filed with the Designated Election Official for the District at the above address not less than 67 days prior to the election (Friday, March 2, 2012).

NOTICE IS FURTHER GIVEN that applications for and return of mail-in ballots may be filed with the Designated Election Official of the District at the above address between the hours of 8 a.m. and 5 p.m., until the close of business on the 7th day prior to the election (Tuesday, May 1, 2012), if the mail-in ballot is to be mailed to the elector, or until the close of business on the Friday immediately preceding the election (Friday, May 4, 2012), if the mail-in ballot will not be mailed to the elector.

UPPER SAN JUAN HEALTH SERVICE DISTRICT

By Richard Babillis - Designated Election Official

Published in:

Pagosa Springs Sun

February 16, 2012

Mineral County Miner

February 16, 2012

Silver World

February 17, 2012

Published February 16, 2012 in The Pagosa Springs SUN.

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COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2011-147

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

On December 13, 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) Tracy E. Leonard and Colleen A. Leonard

Original Beneficiary(ies) IndyMac Bank, F.S.B.

Current Holder of Evidence of Debt OneWest Bank, FSB

Date of Deed of Trust 7/27/2007

County of Recording Archuleta

Recording Date of Deed of Trust 7/30/2007

Recording Information(Reception Number and/or Book/Page Number) 20706612

Original Principal Amount $420,000.00

Outstanding Principal Balance $406,960.72

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.

LOT 195, PAGOSA MEADOWS UNIT FOUR, ACCORDING TO THE PLAT THEREOF FILED JUNE 4, 1973, AS RECEPTION NO. 77867, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.

Also known by street and number as: 1778 Harvard Ave, Pagosa Springs, CO 81147.

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

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, 04/12/2012, 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 2/16/2012

Last Publication 3/15/2012

Name of Publication Pagosa Springs Sun

DATE: 12/13/2011

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, business 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 # 11-07146CO

©Public Trustees’ Association of Colorado Revised 6/2011

Published February 16, 23, March 1, 8 and 15, 2012 in The Pagosa Springs SUN.

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COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2011-148

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

On December 15, 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) Joshua S Bailey and Alia Bailey, Husband and Wife

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

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

Date of Deed of Trust 7/20/2009

County of Recording Archuleta

Recording Date of Deed of Trust 7/29/2009

Recording Information(Reception Number and/or Book/Page Number) 20905588

Original Principal Amount $206,507.00

Outstanding Principal Balance $200,738.22

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.

LOT 340 IN ASPEN SPRINGS SUBDIVISION NO. 5, COUNTY OF ARCHULETA, STATE OF COLORADO.

Also known by street and number as: 1084 Hurt Drive, Pagosa Springs, CO 81147.

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

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, 04/12/2012, 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 2/16/2012

Last Publication 3/15/2012

Name of Publication Pagosa Springs Sun

DATE: 12/15/2011

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, business 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 # 11-17245

©Public Trustees’ Association of Colorado Revised 6/2011

Published February 16, 23, March 1, 8 and 15, 2012 in The Pagosa Springs SUN.

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BEFORE THE OIL AND GAS CONSERVATION COMMISSION

OF THE STATE OF COLORADO

IN THE MATTER OF THE PROMULGATION AND ) CAUSE NO. 1

ESTABLISHMENT OF FIELD RULES TO GOVERN )

OPERATIONS IN THE NAVAJO FIELD, ) DOCKET NO. 1203-GA-03

ARCHULETA COUNTY, COLORADO

NOTICE OF HEARING

TO ALL INTERESTED PARTIES AND TO WHOM IT MAY CONCERN:

Rule 603.a.(2) of the Rules and Regulations of the Oil and Gas Conservation Commission states a well shall be a minimum distance of one hundred fifty (150) feet from a surface property line. An exception may be granted by the Director if it is not feasible for the operator to meet this minimum distance requirement and a waiver is obtained from the offset surface owner(s).

Rule 502.b.(1) of the Rules and Regulations of the Oil and Gas Conservation Commission states variances to any Commission rules, regulations, or orders may be granted in writing by the Director without a hearing upon written request by an operator to the Director, or by the Commission after hearing upon application. The operator or the applicant requesting the variance shall make a showing that it has made a good faith effort to comply, or is unable to comply with the specific requirements contained in the rules, regulations, or orders, from which it seeks a variance, including, without limitation, securing a waiver or an exception, if any, and that the requested variance will not violate the basic intent of the Oil and Gas Conservation Act.

On June 9, 2010 Alamosa Drilling, Inc. (“Alamosa”) spud the Janke #3 Well (API No. 05-007-06280) at a surface location not consistent with surface property line setback requirements of Rule 603.a.(2). Alamosa has attempted, but cannot obtain a waiver from the affected adjacent surface property owner under Rule 603.a.(2) Alamosa seeks a variance from the Commission to Rule 603.a.2. to legalize the surface location of the Janke #3 Well located on the below-listed lands (“Affected Lands”):

Township 32 North, Range 1 East 6th N.M.P.M.

Section 18: SE¼ NW¼

On February 8, 2012, the Colorado Oil and Gas Conservation Commission (“COGCC”), by notice of hearing, set a hearing to consider a request under Rule 502.b.(1) for a variance to Rule 603.a.(2) by Alamosa.

NOTICE IS HEREBY GIVEN, pursuant to: 1) the general jurisdiction granted to the Oil and Gas Conservation Commission of the State of Colorado (Commission) under § 34-60-105 C.R.S.; 2) specific powers granted pursuant to § 34-60-106 C.R.S.; 3) the Colorado Administrative Procedures Act at § 24-4-105 C.R.S.; and 4) the Commission’s Series 500 Rules at 2CCR 404-1, that the Commission has scheduled the above-referenced matter for hearing on:

Date: Monday, March 5, 2012

Tuesday, March 6, 2012

Time: 9:00 a.m.

Place: COGCC Offices

1120 Lincoln Street, Suite 801

Denver, Colorado 80203

In accordance with the Americans with Disabilities Act, if any party requires special accommodations as a result of a disability for this hearing, please contact Margaret Humecki at (303) 894-2100 ext. 5139, prior to the hearing and arrangements will be made.

Pursuant to said hearing in the above-entitled matter at the time and place aforesaid, or at any adjourned meeting, the Commission will enter such orders as it deems appropriate to protect the health, safety and welfare of the public and to prevent the waste of oil and gas, either or both, in the operations of said field, and to carry out the purposes of the statute.

In accordance with Rule 509., any interested party desiring to protest the granting of the application or to intervene on the application should file with the Commission a written protest or intervention no later than February 17, 2012, briefly stating the basis of the protest or intervention. Such interested party shall, at the same time, serve a copy of the protest or intervention to the person filing the application. An original and 13 copies shall be filed with the Commission. Anyone who files a protest or intervention must be able to participate in a prehearing conference during the week of February 17, 2012. Pursuant to Rule 503.g., if a party who has received notice under Rule 503.b. wishes to receive further pleadings in the above-referenced matter, that party must file a protest or intervention in accordance with these rules. In accordance with the practices of the Commission, should no protests or interventions be filed in this matter by February 17, 2012, the Applicant may request that an administrative hearing be scheduled beginning February 17, 2012. In the alternative, pursuant to Rule 511., if the matter is uncontested, the applicant may request, and the Director may recommend approval on the basis of the merits of the verified application and the supporting exhibits.

IN THE NAME OF THE STATE OF COLORADO

OIL AND GAS CONSERVATION COMMISSION

OF THE STATE OF COLORADO

By Peter J. Gowen, Acting Secretary

Dated at Suite 801

1120 Lincoln Street

Denver, Colorado 80203

February 8, 2012

Contact for Alamosa:

Todd Moore

8150 North Central Expressway

Suite 750

Dallas, Texas 75205-1832

(214) 368-6700

Published February 16, 2012 in The Pagosa Springs SUN.

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DISTRICT COURT, WATER DIVISION 3,

STATE OF COLORADO

TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS FILED IN WATER DIVISION 3.

Pursuant to C.R.S. 37-92-302(3), you are notified that the following is a resume in Water Division 3, containing notice of all applications and amended applications or requests for correction filed in the office of the Water Clerk during the month of January, 2012 in which the Water Judge ordered publication in Archuleta County, Colorado.

The names and addresses of applicants, description of water rights, or conditional water rights involved, and description of ruling sought, are as follows:

Case No. 2011CW21, CONCERNING THE REVISED ABANDONMENT LIST OF WATER RIGHTS IN WATER DIVISION THREE, Notice of Filing of Revised Abandonment List of Water Rights in Water Division 3,

Revised Abandonment List:

Notice is hereby given that pursuant to section 37-92-401(4) C.R.S. (2011), the Division Engineer for Water Division No. 3, in consultation with the State Engineer, has developed a revised abandonment list which contains those water rights that the Division Engineer has determined to have been abandoned in whole or in part. The revised abandonment list, when concluded by judgment and decree, shall be conclusive as to the water rights determined to have been abandoned.

Pursuant to section 37-92-401(4), C.R.S. (2011), the revised abandonment list may be inspected after December 31, 2011, at the offices of the State Engineer, Division Engineers, Water Commissioners, and the Clerk of the Water Court during regular office hours. Additionally, the revised abandonment list is available online at: http://water.state.co.us/DWRDocs/Reports/Pages/Abandonment.aspx. The Division Engineer will furnish or mail a copy of the Water Division No. 3 revised abandonment list to anyone requesting one upon payment of ten dollars ($10.00).

Any person who wishes to protest the inclusion of any water rights on the revised abandonment list shall file a written protest with both the Water Clerk for the Division No. 3 Water Court and provide a copy to the Division Engineer in accordance with the procedures set forth in section 37-92-401(5), C.R.S (2011). A form for such protest is available at: http://www.courts.state.co.us/Forms. All such protests shall be filed no later than June 30, 2012. The fee for filing such a protest with the Water Clerk shall be forty-five dollars ($45.00), payable to the Water Clerk.

The State Engineer or Division Engineer may request the Division No. 3 Water Court order the physical abandonment of diversion structures no longer associated with any decreed water rights as a result of this revised abandonment list.

Witness my hand and seal of this Court this 9th day of February, 2012.

/s/ Shirley Skinner, Clerk of the Court

Alamosa Combined Courts

Water Court, Water Division 3

702 Fourth Street, Alamosa, CO 81101

SEAL

Published February 16, 2012 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 January, 2012, for Archuleta County.

11CW83 ARCHULETA COUNTY, WATER DIVISION NO. 7: 1) Applicant: Town of Pagosa Springs, c/o David Mitchem, Town Manager, PO Box 1859, Pagosa Springs, CO 81147; 2) Attorney: Jeffrey M. Kane and Adam T. Reeves, Maynes, Bradford, Shipps & Sheftel, LLP, P.O. Box 2717, Durango, CO 81302; 3) Amended Application for Surface Underground Water Rights; 4) Name of Structure: Centennial Park Diversion Well; 5) Drainage Basin: San Juan River; 6) Location of Point of Diversion (“POD”) Well: the north side bank of the San Juan River in the NE1/4, SE1/4, SW1/4 of Section 13, Township 35 North, Range 2 West of the N.M.P.M. at a point 1,318 feet from the south section line and 2,129 feet from the west section line whence the Northwest corner of said Section 13 bears N. 28°54’ W., a distance of 4599 feet (UTM 321614E, 4126213N), in Archuleta County, as in Exhibit A attached to Application; 7) Source: San Juan River; 8) Appropriation Date: July 10, 2001, agreement between the Town and the Pagosa Water and Sanitation District; 9) Amount: 0.5 cfs (225 gpm), Conditional; 10) Uses: Irrigation of approximately 1.8 acres in Centennial Park on the North side of the San Juan River in Section 13, Township 35 North, Range 2 West, N.M.P.M., as depicted on Exhibit A B, attached to Application; municipal, commercial, industrial, including but not limited to use in geothermal heating, and greenhouses and aquaculture; 11) Name and address of owner of land on which points of diversion and place of use are located: Applicant. (5 pages)

12CW1 Michael & Christine Howey, 600 A Alamosa Pl., Pagosa Springs, CO 81147: McBain Pump; Archuleta County; Date of original decree, 12/31/04; Case no. 04CW61; NE1/4SW1/4, Section 28, T34N, R1W, NMPM; 2409 feet from South, 2294 feet from West; Northing 4113930, Easting 326053; Rio Blanco River; Appropriation date, 12/31/04; Irrigation, stock water; Date water applied to beneficial use, 9/25/11; Work towards completion of project outlined in application; .04 cfs Absolute. Howey Pump; Archuleta County; NE1/4SW1/4, Section 28, T34N, R1W, NMPM; 2588 feet from North, 2440 feet from West; Northing 4113999, Easting 326097; Rio Blanco River; Date of initiation of appropriation, 9/25/11; Appropriation was initiated, 9/25/11; Appropriation was initiated, pump installed; Date water applied to beneficial use, 9/25/11; Irrigation, stock water, fruit trees and garden water; .04 cfs Absolute. Application to Make Absolute and for Water Rights (Surface) (8 pages)

12CW501 Phillip G. Harris, 447 County Rd. 175, Bayfield, CO 81122: John Smith #2 Ditch; Piedra River; Archuleta County; Date of original decree and subsequent, 5/1/1883, 5/1/1914; Case no. CA 0308; Yellow Jacket Creek; Appropriation date, 5/1/1883; Stock and irrigation; Proposed change, changing point of diversion to irrigate some historically irrigate fields; Northing 4123148, Easting 287579; NE1/4SW1/4, Section 11, T34N, R5W, NMPM; 2328 feet from South, 1867 feet from West; Change in point of diversion, Northing 4123010, Easting 287881; NW1/4SE1/4, T34N, R5W, NMPM; 1903 feet from South, 2572 feet from East; Details outlined in application; .75 Absolute. Application for Change of Water Right (10 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 March, 2012, 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: $130.00; 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 February 29, 2012 Original Signature on file

Danene M. Etz, Water Clerk

Published February 16, 2012 in The Pagosa Springs SUN.

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CALL FOR NOMINATIONS NOTICE

TO WHOM IT MAY CONCERN, and, particularly, to the electors of the San Juan River Village Metropolitan District of Archuleta County, Colorado.

NOTICE IS HEREBY GIVEN that an election will be held on the 8th day of May, 2012, between the hours of 7:00 A.M. and 7:00 P.M. At that time three (3) directors will be elected to serve 4-year terms.

Self-Nomination and Acceptance Forms are available from Cynthia Purcell, the designated Election Official for the District at the office of Wilson, Rea, Beckel & Associates, 56 Talisman Drive, Suite 8-B, Pagosa Springs, Colorado 81147.

A Self-Nomination and Acceptance form that is not sufficient may be amended once at any time prior to 3:00pm on Friday, March 2, 2012. The deadline to submit a Self-Nomination and Acceptance is Friday, March 2, 2012. Earlier submittal is encouraged as the deadline will not permit curing an insufficient form. Affidavit of Intent to be a Write-In Candidate forms must be submitted to the office of the designated election official by the close of business on Monday, March 5, 2012.

NOTICE IS FURTHER GIVEN, application for and return of absent voter’s ballot may be filed with the Designated Election Official of the District, at the above address between the hours of 8:00 A.M. and 5:00 P.M., until the close of business on Friday, May 4, 2012, except that, if the applicant wishes to receive the mail-in ballot by mail, the application shall be filed no later than close of business on Tuesday, May 1, 2012.

San Juan River Village Metropolitan District

By Cynthia Purcell, Designated Election Official

Published February 16, 2012 in The Pagosa Springs SUN.

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COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2011-146

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

On December 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) Randall W Blackley Single

Original Beneficiary(ies) National City Mortgage a division of National City

Current Holder of Evidence of Debt PNC Bank, National Association

Date of Deed of Trust 3/30/2007

County of Recording Archuleta

Recording Date of Deed of Trust 4/10/2007

Recording Information(Reception Number and/or Book/Page Number) 20702981

Original Principal Amount $161,500.00

Outstanding Principal Balance $157,617.47

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.

All that certain parcel of land situated in the County of Archuleta, State of Colorado, being known and designated as Lot 14, Block 3, Amended Aspen Springs Subdivision No 1, according to the plat thereof filed for record March 22, 1971, as Reception No. 74229, County of Archuleta, State of Colorado.

Also known by street and number as: 293 Oak Pl, Pagosa Springs, CO 81147.

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

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, 04/05/2012, 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 2/9/2012

Last Publication 3/8/2012

Name of Publication Pagosa Springs Sun

DATE: 12/02/2011

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, business 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 # 7575.00288

©Public Trustees’ Association of Colorado Revised 6/2011

Published February 9, 16, 23, March 1 and 8, 2012 in The Pagosa Springs SUN.

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COMBINED NOTICE - CORRECTED -

PUBLICATION

FORECLOSURE

SALE NO. 2011-117

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

On September 30, 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) Dominick Mazotti

Original Beneficiary(ies) Taylor, Bean & Whitaker Mortgage Corp.

Current Holder of Evidence of Debt Taylor Bean & Whitaker Mortgage Corp

Date of Deed of Trust 4/10/2007

County of Recording Archuleta

Recording Date of Deed of Trust 4/10/2007

Recording Information(Reception Number and/or Book/Page Number) 20702980

Original Principal Amount $650,000.00

Outstanding Principal Balance $288,000.00

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.

LOT 9 IN COYOTE COVE, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD JULY 10, 2006 AS RECEPTION NO. 20606473.

Also known by street and number as: 72 Incline Circle, Pagosa Springs, CO 81147.

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

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, 03/22/2012 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.

Corrected First Publication 2/9/2012

Corrected Last Publication 3/8/2012

Name of Publication Pagosa Springs Sun

DATE: 2/3/2012

Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado

By: /s/ Debora A. Switala, Deputy

The name, address, business 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 # 11-02522CO

©Public Trustees’ Association of Colorado Revised 6/2011

Published February 9, 16, 23, March 1 and 8, 2012 in The Pagosa Springs SUN.

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COMBINED NOTICE - RESTART - PUBLICATION

CRS §38-38-109(2)(b)(II) FORECLOSURE

SALE NO. 2011-039

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

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

On November 28, 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) Darryl D Coster

Original Beneficiary(ies) First National Bank of Durango

Current Holder of Evidence of Debt Bank of Oklahoma, NA, and formerly known as BancOklahoma Mortgage Corporation

Date of Deed of Trust 7/21/2003

County of Recording Archuleta

Recording Date of Deed of Trust 7/29/2003

Recording Information(Reception Number and/or Book/Page Number) 20307481

Original Principal Amount $236,000.00

Outstanding Principal Balance $205,472.41

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.

LOT 38 IN CONTINENTAL ESTATES UNIT TWO, ACCORDING TO THE PLAT FILED OF RECORD JULY 14, 1980 AS RECEPTION NO. 100230

Also known by street and number as: 777 Easy Street, Pagosa Springs, CO 81147.

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

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, 03/29/2012, 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 2/2/2012

Last Publication 3/1/2012

Name of Publication Pagosa Springs Sun

DATE: 11/28/2011

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, business 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 # 11-03686

©Public Trustees’ Association of Colorado Revised 6/2011

Published February 2, 9, 16, 23 and March 1, 2012 in The Pagosa Springs SUN.

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COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2011-144

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

On November 28, 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) Ron B. Ault and Lynne S. Ault

Original Beneficiary(ies) Rio Grande Savings and Loan

Current Holder of Evidence of Debt Rio Grande Savings and Loan

Date of Deed of Trust 8/29/2008

County of Recording Archuleta

Recording Date of Deed of Trust 9/3/2008

Recording Information(Reception Number and/or Book/Page Number) 20806957

Original Principal Amount $187,611.14

Outstanding Principal Balance $187,327.08

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.

LOT 2, OF A RE-PLAT AND MINOR SUBDIVISION OF THE WESTERLY 6.07 ACRES OF TRACT G PIEDRA ESTATES SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED MAY 18, 2001 AS RECEPTION NO. 20104196

Also known by street and number as: County Road 600 X, Pagosa Springs, CO 81147.

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

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, 03/29/2012, 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 2/2/2012

Last Publication 3/1/2012

Name of Publication Pagosa Springs Sun

DATE: 11/28/2011

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

The Law Firm of Benjamin F. Gibbons, P.C. 800 First Avenue, Monte Vista, CO 81144 (719) 852-4731

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 # Ault

©Public Trustees’ Association of Colorado Revised 6/2011

Published February 2, 9, 16, 23 and March 1, 2012 in The Pagosa Springs SUN.

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COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2011-145

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

On November 30, 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) Bart W. Plumbley

Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Ranlife, Inc.

Current Holder of Evidence of Debt BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP

Date of Deed of Trust 4/28/2010

County of Recording Archuleta

Recording Date of Deed of Trust 4/30/2010

Recording Information(Reception Number and/or Book/Page Number) 21002863

Original Principal Amount $170,340.00

Outstanding Principal Balance $167,930.47

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.

LOT 213, PAGOSA TRAILS, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD SEPTEMBER 13, 1971 AS RECEPTION NO. 74885.

Also known by street and number as: 144 Ranger Park Dr, Pagosa Springs, CO 81147.

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

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, 03/29/2012, 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 2/2/2012

Last Publication 3/1/2012

Name of Publication Pagosa Springs Sun

DATE: 11/30/2011

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, business 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 # 1269.07919

©Public Trustees’ Association of Colorado Revised 6/2011

Published February 2, 9, 16, 23 and March 1, 2012 in The Pagosa Springs SUN.

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ALPHA ROCKRIDGE METRO DISTRICT

A CALL FOR NOMINATIONS

TO WHOM IT MAY CONCERN, and, particularly, to the electors of the Alpha Rockridge Metropolitan District of Archuleta County, State of Colorado.

NOTICE IS HEREBY GIVEN that an election will be held on the 8TH day of May, 2012, between the hours of 7:00 a.m. and 7:00 p.m. At that time, 1 directors will be elected to serve a 4-year term and 2 directors will be elected to serve 2-year* terms. If an eligible elector of the Alpha Rockridge Metropolitan District is interested in serving on the board of directors, a Self-Nomination and Acceptance form may be obtained on the districts website as follows: alpharockridgeroaddistrict.com. The district Designated Election Official is Gary Lansdale. Self nomination forms should be mailed to him at: 1 Alpha Dr., Pagosa Springs, CO 81147. Telephone # (505) 486-1437

A Self-Nomination and Acceptance form that is not sufficient may be amended once at any time prior Friday, March 2, 2012. The deadline to submit a Self-Nomination and Acceptance is Friday, February 26, 2012 at 3:00 pm. Affidavit of intent to be a Write-In Candidate forms must be received in the mail of the designated election official by Thursday, March 1, 2012.

Alpha Rockridge Metropolitan District

Gary Lansdale, Designated Election Official

Published February 2, 9 and 16, 2012 in The Pagosa Springs SUN.

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NOTICE TO CREDITORS

Estate of Lee R. Murphy a/k/a Lee Robert Murphy a/k/a Lee Murphy, Deceased

Case No. 2012PR1

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 June 2, 2012, or the claims may be forever barred.

Pauline K. Murphy

316 Capricho Circle

Pagosa Springs, Colorado 81147

Published February 2, 9 and 16, 2012 in The Pagosa Springs SUN.

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COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2011-135

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

On November 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) Rock Ridge, LLC; Douglas W. Shelton and Linda M. Shelton

Original Beneficiary(ies) Bank of the San Juans

Current Holder of Evidence of Debt Bank of the San Juans

Date of Deed of Trust 10/30/2007

County of Recording Archuleta

Recording Date of Deed of Trust 10/30/2007

Recording Information(Reception Number and/or Book/Page Number) 20710105

Original Principal Amount $1,530,000.00

Outstanding Principal Balance $220,000.00

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.

LEGAL DESCRIPTION ATTACHED AS EXHIBIT “A”, which is incorporated herein by reference.

2011-135 EXHIBIT “A”

The land referred to in this policy located in the State of Colorado, County of Archuleta is as follows:

A tract of land lying and being in the South One-Half South One-Half Southwest One-Quarter and the South One-Half Southwest One-Quarter Southeast One-Quarter of Section 20, Township 35 North, Range 2 West, N. M.P.M., being more particularly described as follows, to-wit:

BEGINNING at a point on the South boundary line of said Section 20 whence the Southeast corner of said Section 20 bears South 89° 27’ 47” East, 1882.23 feet, said point of beginning also being the Southwest corner of tract described in Deed from Fairfield Pagosa, Inc., to Grant General Contractors, Inc., recorded May 29, 1992 in Book 372 Page 248;

Thence North 89° 26’ 14” West, 1963.79 feet along the South boundary line of said Section 20 to a 1” rebar with P.S. 26228 cap set at a point on the Easterly right-of-way line of Meadows Drive;

Thence along said Easterly right-of-way line North 00° 04’ 12” East, 0.67 feet;

Thence 205.98 feet along a curve to the left having a delta of 33° 46’ 01”, radius of 349.51 feet and a chord bearing of North 16° 48’ 49” West, 203.01 feet along said right-of-way line;

Thence North 33° 41’ 50” West, 161.31 feet along said right-of-way line to the South boundary line of tract described in Deed from Fairfield-Eaton, Inc., to the Colorado District of the Lutheran Church-Missouri Synod recorded July 28, 1983 in Book 200 Page 768;

Thence North 89° 37’ 51” East, along said South boundary line 438.59 feet to the Southeast corner of tract described in said Book 200 Page 768;

Thence North 00° 21’ 18” West, 290.89 feet along the East boundary of tract described in said Book 200 Page 768;

Thence North 89° 36’ 50” East 1685.73 feet to the West boundary line of tract described in said Book 372 Page 248;

Thence South 00° 55’ 33” West, 653.65 feet along said West boundary line to the point of beginning.

Also known by street and number as: CO 81147.

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

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, 03/08/2012, 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 1/19/2012

Last Publication 2/16/2012

Name of Publication Pagosa Springs Sun

DATE: 11/09/2011

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, business 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 # 1064.045

©Public Trustees’ Association of Colorado Revised 6/2011

Published January 19, 26, February 2, 9 and 16, 2012 in The Pagosa Springs SUN.

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COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2011-140

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

On November 15, 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) Michael Bradley and Monica Bradley, Husband and Wife

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

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

Date of Deed of Trust 4/3/2007

County of Recording Archuleta

Recording Date of Deed of Trust 4/9/2007

Recording Information(Reception Number and/or Book/Page Number) 20702911

Original Principal Amount $315,000.00

Outstanding Principal Balance $302,228.45

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.

LOT 178, PAGOSA MEADOWS UNIT FOUR, ACCORDING TO THE PLAT THEREOF FILED JUNE 4, 1973, AS RECEPTION NO. 77867, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.

A SCRIVENER’S ERROR AFFIDAVIT RECORDED ON OCTOBER 27, 2011 AT RECEPTION NO. 21107263 TO CORRECT THE LEGAL DESCRIPTION.

Also known by street and number as: 25 Castle Place, Pagosa Springs, CO 81147.

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

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, 03/15/2012, 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 1/19/2012

Last Publication 2/16/2012

Name of Publication Pagosa Springs Sun

DATE: 11/15/2011

Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado

By: /s/ name, address, business 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 # 11-14747

©Public Trustees’ Association of Colorado Revised 6/2011

Published January 19, 26, February 2, 9 and 16, 2012 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2011-141

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

On November 15, 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) Michael E Giordano and Kathleen M Giordano, Husband and Wife

Original Beneficiary(ies) Wells Fargo Home Mortgage, Inc.

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

Date of Deed of Trust 5/3/2004

County of Recording Archuleta

Recording Date of Deed of Trust 5/7/2004

Recording Information(Reception Number and/or Book/Page Number) 20404051

Original Principal Amount $300,000.00

Outstanding Principal Balance $267,972.08

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.

SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE

Exhibit A

2011-141

Tract B, Poma Subdivision, according to the plat thereof filed February 29, 1980, as Reception No. 98750, in the office of the Clerk and recorder, Archuleta County, Colorado, said Tract

being more particularly described as follows, to-wit:

A tract of land located in the Northeast Quarter of the Northwest Quarter (NE ¼ NW ¼ ) of

Section 31, Township 36 North, Range 1 West, N.M. P.M., Archuleta County, Colorado and being more particularly described as follows:

Beginning at a point from which the North 1/4 corner of said Section 31 bears North 33°11’ 24” East, a distance of 926.53 feet; thence South 50° 01’ 50” East, a distance of 248.60 feet; thence South 56° 48’ 57’ West, a distance of 539.30 feet to a point on the East right of way line of County Road 200; thence North 54° 32’ 00” West, a distance of 91.58 feet along said East right of way line; thence North 33° 28’ 00” West, a distance of 170.00 feet along said East right of way line; thence North 58° 48’ 00” East, a distance of 501.73 feet to the point of beginning

Also known by street and number as: 4019 County Road 200, Pagosa Springs, CO 81147.

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

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, 03/15/2012, 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 1/19/2012

Last Publication 2/16/2012

Name of Publication Pagosa Springs Sun

DATE: 11/15/2011

Betty A. Diller, Public Trustee in and for the County of Archuleta, State of Colorado

By: Betty A. Diller, Public Trustee

The name, address, business 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 # 11-14610

©Public Trustees’ Association of Colorado Revised 6/2011

Published January 19, 26, February 2, 9 and 16, 2012 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2011-142

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

On November 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) Michael D. Miller and Sally A. Miller, Husband and Wife

Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., as nominee for Chicago Bancorp, Inc.

Current Holder of Evidence of Debt GMAC Mortgage, LLC

Date of Deed of Trust 11/20/2008

County of RecordingArchuleta

Recording Date of Deed of Trust 12/17/2008

Recording Information(Reception Number and/or Book/Page Number) 20810260

Original Principal Amount $156,000.00

Outstanding Principal Balance $149,111.83

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.

LOT 7, BLOCK 21, ASPEN SPRINGS SUBDIVISION NO. 4, ACCORDING TO THE PLAT THEREOF FILED AUGUST 20, 1971, AS RECEPTION NO. 74785, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.

Also known by street and number as: 1069 Beucler Lane, Pagosa Springs, CO 81147.

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

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, 03/15/2012, 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 1/19/2012

Last Publication 2/16/2012

Name of Publication Pagosa Springs Sun

DATE: 11/16/2011

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, business 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 # 11-12936

©Public Trustees’ Association of Colorado Revised 6/2011

Published January 19, 26, February 2, 9 and 16, 2012 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2011-143

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

On November 17, 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) Frank J. Schiro and Robin J. Schiro, Joint Tenants

Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., as nominee for American Mortgage Network. Inc., A Delaware Corporation

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

Date of Deed of Trust 2/6/2006

County of Recording Archuleta

Recording Date of Deed of Trust 2/6/2006

Recording Information(Reception Number and/or Book/Page Number) 20601428

Original Principal Amount $259,600.00

Outstanding Principal Balance $242,689.45

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.

LOT 361, LAKE FOREST ESTATES, ACCORDING TO THE PLAT THEREOF FILED, JUNE 4, 1973, AS RECEPTION NO. 77869, IN THE OFFICE OF THE CLERK AND RECORDED, ARCHULETA COUNTY, COLORADO.

Also known by street and number as: 160 Periwinkle Drive, Pagosa Springs, CO 81147.

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

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, 03/15/2012, 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 1/19/2012

Last Publication 2/16/2012

Name of Publication Pagosa Springs Sun

DATE: 11/17/2011

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, business 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 # 11-11202

©Public Trustees’ Association of Colorado Revised 6/2011

Published January 19, 26, February 2, 9 and 16, 2012 in The Pagosa Springs SUN.

_________________________________________

DISTRICT COURT

ARCHULETA COUNTY, COLORADO

Court Address: P.O. Box 148, Pagosa Springs, Colorado 81147

Phone Number: (970) 264-5932

Plaintiff(s): ELK RUN PROPERTY OWNERS ASSOCIATION, INC., a Colorado Nonprofit Corporation

Defendant(s): RAYMOND W. BEAL & SUSAN K. DILLBECK, DREW RICKER & DIANE RICKER, NANCY TANT, CHARLES W. THOMPSON & GAY LYNN THOMPSON, VACATION SOLUTIONS LLC, KIMBERLY R. BURNS, CALLAHAN & ZALINSKY ASSOC. LLC, MARVIN R. MILLER & DEBBIE L. MILLER, JAMES T. BROWN & JIMMIE T. BROWN, MICHAEL T. MITCHELL & MELODIE R. MITCHELL, JACQUELINE F. WALSTON & TIMOTHY A. RUIZ, and DIXIE LEE FERRICK

Attorney or Party Without Attorney:

Andrew D. Craig

Attorney for Plaintiff

700 Main Avenue, Suite G

Durango, Colorado 81301

Phone Number: (970) 385-7756

Fax Number: (970) 375-3279

Case Number: 2011 CV 192

E-mail:

Atty. Reg. #: 021217

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 claims of the complaint filed with the Court in this action, by filing with the clerk of this Court an answer or other response. You are required to file your answer or other response within thirty (30) days after the service of this summons upon you. Service of this summons shall be complete on the day of the last publication. A copy of the complaint may be obtained from the clerk of the Court.

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

This is an action to foreclose owners association assessment liens encumbering the following real property situated in Archuleta County, Colorado.

EXHIBIT “A”

(Legal Descriptions)

Time share estate in ELK RUN, a timeshare community, according to the plat recorded under Reception No. 140480, and the Declaration of Protective Covenants and Interval Ownership (“Declaration”) recorded under Reception No. 140481, in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado, and amendments and supplements thereto, comprising the interval From 4:00 P.M. on the first day until 4:00 P.M. on the last day assigned to said Defendant during the below described Lot (Unit) Week(s) Number(s) as said Lot (Unit) Week is numbered and defined in the Declaration; TOGETHER WITH a vested remainder over in fee simple absolute, as tenant(s) in common with the other owners of all Unit Week(s) in the subject Unit:

Defendant(s): Time Share Estate:

RAYMOND W. BEAL Lot (Unit) Week(s) Number(s) 46

& SUSAN K. DILLBECK Lot (Unit) Number 7103

Building Number 001A

DREW RICKER & DIANE RICKER Lot (Unit) Week(s) Number(s) 16

Lot (Unit) Number 7111

Building Number 03A

Lot (Unit) Week(s) Number(s) 46

Lot (Unit) Number 7117

Building Number 1

NANCY TANT Lot (Unit) Week(s) Number(s) 21

Lot (Unit) Number 7104

Building Number 001

CHARLES W. THOMPSON Lot (Unit) Week(s) Number(s) 23

& GAY LYNN THOMPSON Lot (Unit) Number 7108

Building Number 002

VACATION SOLUTIONS LLC Lot (Unit) Week(s) Number(s) 20

Lot (Unit) Number 7114

Building Number 4

KIMBERLY R. BURNS Lot (Unit) Week(s) Number(s) 25

Lot (Unit) Number 7108

Building Number 2

CALLAHAN & ZALINSKY ASSOC. LLC Lot (Unit) Week(s) Number(s) 44

Lot (Unit) Number 7115

Building Number 4

MARVIN R. MILLER Lot (Unit) Week(s) Number(s) 26

& DEBBIE L. MILLER Lot (Unit) Number 7111

Building Number 3

JAMES T. BROWN Lot (Unit) Week(s) Number(s) 23

& JIMMIE T. BROWN Lot (Unit) Number 7118

Building Number 5

MICHAEL T. MITCHELL Lot (Unit) Week(s) Number(s) 33

& MELODIE R. MITCHELL Lot (Unit) Number 7103

Building Number 1

Lot (Unit) Week(s) Number(s) 34

Lot (Unit) Number 7103

Building Number 1

JACQUELINE F. WALSTON Lot (Unit) Week(s) Number(s) 47

& TIMOTHY A. RUIZ Lot (Unit) Number 7116

Building Number 4

DIXIE LEE FERRICK Lot (Unit) Week(s) Number(s) 48

Lot (Unit) Number 7114

Building Number 4

Dated January ___, 2012.

Andrew D. Craig, No. 021217

Attorney for Plaintiff

700 Main Avenue, Suite G

Durango, Colorado 81301

(970) 385-7756

Plaintiffs’ address:

P.O. Box 4040

Pagosa Springs, Colorado 81147

Published January 19, 26, February 2, 9 and 16, 2012 in The Pagosa Springs SUN.

_________________________________________

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