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Legals 8/30/12
Updated Thursday, August 30, 2012

FIRST READING

The first reading of Ordinance No. 775 (Series 2012) was completed at the Pagosa Springs Town Council Meeting held on August 23, 2012 at 12:00 p.m. in the Council Chambers at Town Hall. ORDINANCE 775, AN ORDINANCE OF THE TOWN OF PAGOSA SPRINGS ACCEPTING THE QUITCLAIM DEED FOR A PORTION OF ALPHA DRIVE. The full text of the ordinance, including any amendments, is available for public inspection at the office of the Town Clerk at Town Hall.

Published August 30, 2012 in The Pagosa Springs SUN.

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FIRST READING

The first reading of Ordinance No. 777 (Series 2012) was completed at the Pagosa Springs Town Council Meeting held on August 23, 2012 at 12:00 p.m. in the Council Chambers at Town Hall. ORDINANCE 777, AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY BY THE TOWN OF PAGOSA SPRINGS, COLORADO OF A GROUND LEASE BETWEEN THE TOWN AS LESSOR AND SKYWERX INDUSTRIES, LLC AS LESSEE WITH RESPECT TO CERTAIN REAL PROPERTY LOCATED ON RESERVOIR HILL; AUTHORIZING OFFICIALS OF THE TOWN TO TAKE ALL ACTION NECESSARY TO CARRY OUT THE TRANSACTION CONTEMPLATED HEREBY AND PROVIDING FOR RELATED MATTERS. The full text of the ordinance, including any amendments, is available for public inspection at the office of the Town Clerk at Town Hall.

Published August 30, 2012 in The Pagosa Springs SUN.

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FIRST READING

The first reading of Ordinance No. 779 (Series 2012) was completed at the Pagosa Springs Town Council Meeting held on August 23, 2012 at 12:00 p.m. in the Council Chambers at Town Hall. ORDINANCE 779, AN ORDINANCE SUSPENDING THE PROCESSING OF APPLICATIONS FOR MEDICAL MARIJUANA CENTERS, MEDICAL MARIJUANA OPTIONAL PREMISES CULTIVATION OPERATIONS AND MEDICAL MARIJUANA INFUSED PRODUCT MANUFACTURING BUSINESSES AND SUSPENDING THE DELIVERY OF SUCH MEDICAL MARIJUANA BUSINESS PRODUCTS FROM OUTSIDE OF ARCHULETA COUNTY UNTIL JULY 30, 2013. The full text of the ordinance, including any amendments, is available for public inspection at the office of the Town Clerk at Town Hall.

Published August 30, 2012 in The Pagosa Springs SUN.

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NOTICE OF PUBLIC HEARING

COLORADO’S TIMBER RIDGE METROPOLITAN DISTRICT

SERVICE PLAN

NOTICE IS HEREBY GIVEN that a service plan for the proposed Colorado’s Timber Ridge Metropolitan District was filed with the County Clerk and Recorder of Archuleta County, Colorado on July 31, 2012. Copies of the service plan are now on file and available for public inspection in the offices of the County Clerk and Recorder, the Board of County Commissioners and the County Assessor.

NOTICE IS FURTHER GIVEN that, by order of the Board of County Commissioners of Archuleta County, Colorado, a public hearing on said service plan is set for Thursday, September 20, 2012 at 9:00 a.m. in the Archuleta County Commissioners’ Meeting Room, Archuleta County Courthouse, 449 San Juan Street, Pagosa Springs, Colorado.

The purpose of the public hearing will be to consider the adequacy of the proposed service plan and to provide the petitioners and interested parties with the opportunity to present evidence, either orally or in writing, as to the reasonableness of the proposed service plan, which evidence shall form a basis for the adoption of a Board of County Commissioners Resolution approving, conditionally approving, or disapproving the service plan.

The proposed district includes all property in Phases 1-4, Colorado’s Timber Ridge Subdivisions and 319.44 adjoining acres located in Sections 22, 27 & 28, Township 35 North, Range 2 West, N.M.P.M., Archuleta County, Colorado also known as Archuleta County Assessor Parcel Number 569928100002.

Any person owning property within the proposed special district may request that such property be excluded from the special district prior to the approval of the service plan provided that a request for exclusion shall be submitted to the Board of County Commissioners of Archuleta County no later than 10 days prior to the hearing on the service plan as set forth above. The petitioners seeking formation of the proposed special district shall have the burden of proving that the exclusion of the property is not in the best interests of the proposed special district.

THIS NOTICE IS GIVEN BY ORDER of the Board of County Commissioners of Archuleta County, Colorado this 23rd day of August, 2012.

BOARD OF COUNTY COMMISSIONERS

ARCHULETA COUNTY, COLORADO

Published August 30, September 6 and 13, 2012 in The Pagosa Springs SUN.

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COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2012-062

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

On June 19, 2012, 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) Lawrence L. Page and Katy D. Page

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

Current Holder of Evidence of Debt Flagstar Bank, FSB

Date of Deed of Trust 3/10/2008

County of Recording Archuleta

Recording Date of Deed of Trust 3/17/2008

Recording Information(Reception Number and/or Book/Page Number) 20801887

Original Principal Amount $100,000.00

Outstanding Principal Balance $95,180.23

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

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

PLEASE SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF

EXHIBIT A

LEGAL DESCRIPTION

2012-062

Unit 105C, Building 3, Hatcher Village Condominiums, Phase 1, Supplement No 1 to the Hatcher Village Condominium Complex, according to the Condominium Map filed July 27, 1983 as Reception No. 117643, and September 8, 1983 as Reception No. 118481, and as defined and described in Condominium Declaration for Hatcher Village Condominiums Phase 1 recorded March 13, 1981 in Book 178 Page 497, all recorded in the office of the Clerk and Recorder, Archuleta County, Colorado.

Also known by street and number as: 5584 County Road 600 Unit 105C, Pagosa Springs, CO 81447-8990.

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, 10/18/2012, 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 8/23/2012

Last Publication 9/20/2012

Name of Publication Pagosa Springs Sun

DATE: 06/19/2012

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 # 12-07056

©Public Trustees’ Association of Colorado Revised 6/2011

Published August 23, 30, September 6, 13 and 20, 2012 in The Pagosa Springs SUN.

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COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2012-063

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

On June 20, 2012, 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) THOMAS H. CANNON AND SUN JI CANNON

Original Beneficiary(ies) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR LENDER, MILLENNIA MORTGAGE CORP.

Current Holder of Evidence of Debt BANK OF AMERICA, N.A.

Date of Deed of Trust 9/26/2005

County of Recording Archuleta

Recording Date of Deed of Trust 10/13/2005

Recording Information(Reception Number and/or Book/Page Number) 20510852

Original Principal Amount $232,000.00

Outstanding Principal Balance $232,000.00

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 63, LAKEVIEW ESTATES, ACCORDING TO THE PLAT THEREOF FILED APRIL 30, 1979, AS RECEPTION NO. 94868, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.

Also known by street and number as: 126 LAKESIDE 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, 10/18/2012, 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 8/23/2012

Last Publication 9/20/2012

Name of Publication Pagosa Springs Sun

DATE: 06/20/2012

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:

Michael Medved #14669

Heather Deere #28597

Stephen Harkess #30968

Michael Medved 355 UNION BLVD. STE 302, LAKEWOOD, CO 80228 (303) 274-0155

The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.

Attorney File #

©Public Trustees’ Association of Colorado Revised 6/2011

Published August 23, 30, September 6, 13 and 20, 2012 in The Pagosa Springs SUN.

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COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2012-064

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

On June 20, 2012, 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) Carolyn Aleks and Ronald C Aleks

Original Beneficiary(ies) INDYMAC BANK, F.S.B.

Current Holder of Evidence of Debt Deutsche Bank National Trust Company, as trustee of IndyMac Residential Mortgage-Backed Trust, Series 2006-L4, Residential Mortgage-Backed Certificates, Series 2006-L4

Date of Deed of Trust 9/29/2006

County of Recording Archuleta

Recording Date of Deed of Trust 10/2/2006

Recording Information(Reception Number and/or Book/Page Number) 20609508

Original Principal Amount $43,200.00

Outstanding Principal Balance $40,182.63

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.

Also known by street and number as: 348 East Golf 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, 10/18/2012, 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 8/23/2012

Last Publication 9/20/2012

Name of Publication Pagosa Springs Sun

DATE: 06/20/2012

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 # 3500.01277

©Public Trustees’ Association of Colorado Revised 6/2011

Published August 23, 30, September 6, 13 and 20, 2012 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2012-065

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

On June 20, 2012, 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) Tommy Crawford and Jacqueline Crawford

Original Beneficiary(ies) Vectra Bank Colorado National Association

Current Holder of Evidence of Debt First Southwest Bank

Date of Deed of Trust 4/27/2004

County of Recording Archuleta

Recording Date of Deed of Trust 4/27/2004

Recording Information(Reception Number and/or Book/Page Number) 20403790

Original Principal Amount $454,750.00

Outstanding Principal Balance $339,336.65

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 29, REPLAT VILLAGE SERVICE COMMERCIAL, A RESUBDIVISION OF A PORTION OF PAGOSA VILLAGE SERVICE COMMERCIAL, according to the plat thereof filed for record August 7, 1975 as Reception No. 83662.

and

A strip of land, 4.00 feet in width, located in Lot 16 of the Replat of Village Service Commercial, described as follows:

Beginning at the Northerly corner of Lot 29 of said replat

thence along the Southwesterly line of Pagosa Boulevard, North 58° 00’ 00” West a distance of 4.00 feet;

thence South 32° 00’ 00” West a distance of 20.00 feet to a point of curve to the right, whose radius is 496 feet and central angle of 13° 00’ 00”;

thence along the arc of said curve a distance of 112.54 feet to the Northeasterly line of Lot 17; thence South 45° 00’ 00” East along the Northeasterly line of Lot 17 a distance of 4.02 feet to the Northwesterly line of Lot 29 and a point of curve to the left, whose radius is 500.00 feet and central angle is 13° 00’ 00”;

thence along the arc of said curve a distance of 113.45 feet;

thence North 32° 00’ 00” East a distance of 20.00 feet to the point of beginning.

County of ARCHULETA, State of Colorado.

Commonly known as 19 Navajo Trail Drive, Pagosa Springs, CO 81147

Also known by street and number as: 19 Navajo Trail 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, 10/18/2012, 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 8/23/2012

Last Publication 9/20/2012

Name of Publication Pagosa Springs Sun

DATE: 06/20/2012

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:

John Barlow Spear #13878

Shay L. Denning #36736

Maynes Bradford Shipps & Sheftel, LLP Attorneys at Law, 835 East Second Avenue, Suite 123, Durango, CO 81302 (970) 247-1755

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 # FSW0006

©Public Trustees’ Association of Colorado Revised 6/2011

Published August 23, 30, September 6, 13 and 20, 2012 in The Pagosa Springs SUN.

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NOTICE TO CREDITORS

Estate of James D. Smith, Deceased

Case No. 2012PR31

All persons having claims against the above-named estate are required to present them to the Attorney for Estate or to The District Court of Archuleta County, Colorado on or before December 31, 2012, or the claims may be forever barred.

Attorney for Estate:

Amy N. Huff

HUFF WATER & LAND LAW, LLC

679 E. 2ND Avenue, Unit 11 B

Durango, CO 81301

Published August 16, 23 and 30, 2012 in The Pagosa Springs SUN.

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COMBINED NOTICE - RESTART - PUBLICATION

CRS §38-38-109(2)(b)(II) FORECLOSURE

SALE NO. 2011-134

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 July 30, 2012, 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) Dusty A Higgins

Original Beneficiary(ies) First Southwest Bank

Current Holder of Evidence of Debt First Southwest Bank

Date of Deed of Trust 11/23/2005

County of Recording Archuleta

Recording Date of Deed of Trust 11/29/2005

Recording Information(Reception Number and/or Book/Page Number) 20512725

Original Principal Amount $141,053.96

Outstanding Principal Balance $120,123.23

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

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

LOT 4, PAGOSA IN THE PINES UNIT TWO, ACCORDING TO THE PLAT THEREOF FILED FEBRUARY 7, 1972, AS RECEPTION NO. 75408, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.

Also known by street and number as: 10 Tee Court, 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, 11/29/2012, 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 8/9/2012

Last Publication 9/6/2012

Name of Publication Pagosa Springs Sun

DATE: 07/30/2012

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:

John Barlow Spear #13878

Shay L. Denning #36736

Maynes Bradford Shipps & Sheftel, LLP Attorneys at Law, 835 East Second Avenue, Suite 123, Durango, CO 81302 (970) 247-1755

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 # Higgins

©Public Trustees’ Association of Colorado Revised 6/2011

Published August 9, 16, 23, 30 and September 6, 2012 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - PUBLICATION

CRS §38-38-103 FORECLOSURE

SALE NO. 2012-061

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

On May 30, 2012, 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) Jeffrey Versaw & Nancy Miquelon, Husband & Wife

Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., as nominee for Genesis Mortgage Pagosa, LLC

Current Holder of Evidence of Debt The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the holders of the Certificates, First Horizon Mortgage Pass-Through Certificates Series FHAMS 2006-AA6, by First Horizon Home Loans, a division of First Tennessee Bank National Association, Master Servicer, in its capacity as agent for the Trustee under the Pooling and Servicing Agreement

Date of Deed of Trust 8/22/2006

County of Recording Archuleta

Recording Date of Deed of Trust 8/28/2006

Recording Information(Reception Number and/or Book/Page Number) 20608235

Original Principal Amount $176,000.00

Outstanding Principal Balance $176,000.00

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

Also known by street and number as: 138 Dutton 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, 09/27/2012, 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 8/2/2012

Last Publication 8/30/2012

Name of Publication Pagosa Springs Sun

DATE: 05/30/2012

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 # 11-08760

©Public Trustees’ Association of Colorado Revised 6/2011

Published August 2, 9, 16, 23 and 30, 2012 in The Pagosa Springs SUN.

_________________________________________

COMBINED NOTICE - RESTART - PUBLICATION

CRS §38-38-109(2)(b)(II) FORECLOSURE

SALE NO. 2011-096

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 May 30, 2012, 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) Cindy Lee Cunningham

Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., as nominee for U.S. Bank N.A.

Current Holder of Evidence of Debt US Bank National Association

Date of Deed of Trust 7/17/2009

County of Recording Archuleta

Recording Date of Deed of Trust 7/22/2009

Recording Information(Reception Number and/or Book/Page Number) 20905344

Original Principal Amount $238,000.00

Outstanding Principal Balance $233,964.65

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

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

THE W1/2SW1/4SE1/4SW1/4 OF SECTION 21, TOWNSHIP 35 NORTH, RANGE 2 WEST, N.M.P.M., ALSO KNOWN AS LOT 32, SECTION 21 IN PAGOSA ALPHA SECTION, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF ARCHULETA COUNTY, COLORADO.

Also known by street and number as: 32 Mill Run Ct, 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, 09/27/2012, 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 8/2/2012

Last Publication 8/30/2012

Name of Publication Pagosa Springs Sun

DATE: 05/30/2012

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 # 11-04555

©Public Trustees’ Association of Colorado Revised 6/2011

Published August 2, 9, 16, 23 and 30, 2012 in The Pagosa Springs SUN.

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