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_______________________
District Court, Archuleta County, State of Colorado
Court Address: PO Box 148, 449 San Juan St.
Pagosa Springs, CO 81147
EAGLE’S LOFT PROPERTY OWNERS ASSOCIATION, INC.
Plaintiffs,
vs.
KELLY L. OSBURN, D. KEITH OSBURN, AKA KELLY L. ORSBURN AND D. KEITH ORSBURN and All Unknown Persons Who Claim Any Interests In The Subject Matter Of This Action
Attorney for Plaintiffs:
Larry W. Holthus
PO Box 1737
Pagosa Springs, CO 81147
Phone Number: (970) 264-4196
FAX Number: (970) 264-4197
Atty. Reg. #: 10535
Case Number: 07 CV 101
SHERIFF’S NOTICE OF SALE
Under a Judgment and Decree of Foreclosure entered April 11, 2008 in the above entitled action, I am ordered to sell the following property which is all of the property currently encumbered by the lien described in said Judgment and decree of Foreclosure:
Unit Number 33, Building Number 33 Unit Week Number 7, in “EAGLE’S LOFT “Phase Three as Reception No. 130203 and in accordance with and as limited and defined by the Declaration of Individual and/or Interval Ownership, recorded under Reception Number 117700 in Book 200 at Page 834 et seq and amendments and supplements thereto in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.
The Plaintiff named above is the judgment creditor in this action and the current owner of the evidence of debt (the Judgment entered herein) secured by the property being sold; and as of April 1, 2008, the outstanding balance due and owing on such judgment is $1,782.88.
I shall offer for public sale to the highest bidder, for cash, at public auction all the right, title and interest of the Defendants in said property on May 28, 2008 at 10:00 a.m., at the Sheriff’s Office, 449 San Juan Street, Pagosa Springs, Colorado.
NOTE: THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN
Peter L. Gonzalez, Sheriff
Archuleta County, Colorado
Published April 24, May 1, 8, 15 and 22, 2008 in The Pagosa Springs SUN.
__________
COMBINED NOTICE OF SALE AND
NOTICE OF RIGHTS TO CURE OR REDEEM
No. 23-2008
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
Original Grantor of Deed of Trust (Borrower) John J. Monjazi, a Married Man or Woman
Original Beneficiary of Deed of Trust National Recreational Properties of Pagosa Springs, LLC, a Colorado Limited Liability Company
Current owner of the evidence of debt secured by the Deed of Trust National Recreational Properties of Pagosa Springs, LLC
Date of Deed of Trust July 30, 2005
Recording Date of Deed of Trust August 9, 2005
County of Recording ARCHULETA
Recording Information of Deed of Trust Reception No. 20508223
Original Principal Amount of Evidence of Debt $28,181.00
Outstanding Principal Amount of Evidence of Debt $26,321.52
THE LIEN OF THE DEED OF TRUST TO BE FORECLOSED MAY NOT BE A FIRST LIEN.
You are hereby notified that the undersigned as legal owner of an evidence of debt, which is secured by the Deed of Trust described above, declares a violation of the covenants of said Deed of Trust for reasons including, but not limited to, the failure to pay monthly payments of principal and interest together with all other payments provided for in the Deed of Trust and Note.
The following-described property is all of the property encumbered by said Deed of Trust:
Lot 11 of Block 18, Lake Pagosa Park, according to the plat thereof filed for record March 13, 1970 as Reception No. 72998, County of Archuleta, State of Colorado.
APN: 569908423011
also known by street and number as: Parcel: 569908423011 Archuleta County, Colorado
NOTICE OF SALE
YOU ARE HEREBY NOTIFIED that the legal owner of an evidence of debt, and which is secured by the Deed of Trust described above, has filed written election and demand for sale as provided in said Deed of Trust.
THEREFORE, NOTICE IS HEREBY GIVEN that I will at 10:00 o’clock a.m., on the date of 6-12, 2008 at the Hallway of Archuleta County Courthouse, 449 San Juan St., Pagosa Springs, Colorado, sell at public auction to the highest and best bidder for cash, the real property described above, and all interest of said Grantor, the heirs, successors and assigns of said Grantor, for the purpose of paying the indebtedness provided in said evidence of debt and Deed of Trust, attorney’s fees, and the expenses of sale, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE INSTRUMENT BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED HERETO. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
*A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. 38-38-401 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
*A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. 38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
Attached hereto is a copy of the Statutes pertaining to your rights for this foreclosure action.
/s/ Lois Baker
Public Trustee of the
County of ARCHULETA, Colorado
By /s/ Vicky Rudock
Deputy Public Trustee
The name, address and telephone number of the attorneys representing the legal holder of the indebtedness is: Philip M. Kleinsmith, 6035 Erin Park Drive, #203, Colorado Springs, CO 80918, 719-593-1970.
THE LAW REQUIRES THAT WE INFORM YOU: WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.
Published April 24, May 1, 8, 15 and 22, 2008 in The Pagosa Springs SUN.
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NOTICE TO CREDITORS
Estate of ELAINE M. HEITKAMP, Deceased
Case No. 08 PR 14
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 August 29, 2008, or the claims may be forever barred.
DONALD O. HEITKAMP
P.O. Box 1041
Pagosa Springs, CO 81147
Published April 24, May 1 and 8, 2008 in The Pagosa Springs SUN.
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COMBINED NOTICE OF SALE AND
NOTICE OF RIGHTS TO CURE OR REDEEM
No. 22-2008
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
Original Grantor of Deed of Trust (Borrower) John J. Monjazi, a Married Man or Woman
Original Beneficiary of Deed of Trust National Recreational Properties of Pagosa Springs, LLC, a Colorado Limited Liability Company
Current owner of the evidence of debt secured by the Deed of Trust National Recreational Properties of Pagosa Springs, LLC
Date of Deed of Trust July 30, 2005
Recording Date of Deed of Trust August 9, 2005
County of Recording ARCHULETA
Recording Information of Deed of Trust Reception No. 20508237
Original Principal Amount of Evidence of Debt $47,996.00
Outstanding Principal Amount of Evidence of Debt $44,778.49
THE LIEN OF THE DEED OF TRUST TO BE FORECLOSED MAY NOT BE A FIRST LIEN.
You are hereby notified that the undersigned as legal owner of an evidence of debt, which is secured by the Deed of Trust described above, declares a violation of the covenants of said Deed of Trust for reasons including, but not limited to, the failure to pay monthly payments of principal and interest together with all other payments provided for in the Deed of Trust and Note.
The following-described property is all of the property encumbered by said Deed of Trust:
Lot 88, Lakewood Village, according to the plat thereof filed for record April 30, 1979 as Reception No. 94867, County of Archuleta, State of Colorado.
APN: 569919136015
also known by street and number as: Parcel: 569919136015 Archuleta County, Colorado
NOTICE OF SALE
YOU ARE HEREBY NOTIFIED that the legal owner of an evidence of debt, and which is secured by the Deed of Trust described above, has filed written election and demand for sale as provided in said Deed of Trust.
THEREFORE, NOTICE IS HEREBY GIVEN that I will at 10:00 o’clock a.m., on the date of 6-12, 2008 at the Hallway of Archuleta County Courthouse, 449 San Juan St., Pagosa Springs, Colorado, sell at public auction to the highest and best bidder for cash, the real property described above, and all interest of said Grantor, the heirs, successors and assigns of said Grantor, for the purpose of paying the indebtedness provided in said evidence of debt and Deed of Trust, attorney’s fees, and the expenses of sale, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE INSTRUMENT BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED HERETO. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
*A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. 38-38-401 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
*A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. 38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
Attached hereto is a copy of the Statutes pertaining to your rights for this foreclosure action.
/s/ Lois Baker
Public Trustee of the
County of ARCHULETA, Colorado
By /s/ Vicky Rudock
Deputy Public Trustee
The name, address and telephone number of the attorneys representing the legal holder of the indebtedness is: Philip M. Kleinsmith, 6035 Erin Park Drive, #203, Colorado Springs, CO 80918, 719-593-1970.
THE LAW REQUIRES THAT WE INFORM YOU: WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.
Published April 24, May 1, 8, 15 and 22, 2008 in The Pagosa Springs SUN.
___________
District Court, Archuleta County, State of Colorado
Court Address: PO Box 148, 449 San Juan St.
Pagosa Springs, CO 81147
EAGLE’S LOFT PROPERTY OWNERS ASSOCIATION, INC.
Plaintiffs,
vs.
DANIEL LUDWIG, DANA D. LUDWIG and All Unknown Persons Who Claim Any Interests In The Subject Matter Of This Action
Attorney for Plaintiffs:
Larry W. Holthus
PO Box 1737
Pagosa Springs, CO 81147
Phone Number: (970) 264-4196
FAX Number: (970) 264-4197
Atty. Reg. #: 10535
Case Number: 07 CV 164
SHERIFF’S NOTICE OF SALE
Under a Judgment and Decree of Foreclosure entered April 11, 2008 in the above entitled action, I am ordered to sell the following property which is all of the property currently encumbered by the lien described in said Judgment and decree of Foreclosure:
Unit Number 51, Building Number 51, Unit Week Number 47, in “EAGLE’S LOFT “Phase IV and in accordance with and as limited and defined by the Declaration of Individual and/or Interval Ownership, recorded under Reception Number 117700 in Book 200 at Page 834 et seq and amendments and supplements thereto in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.
The Plaintiff named above is the judgment creditor in this action and the current owner of the evidence of debt (the Judgment entered herein) secured by the property being sold; and as of April 1, 2008, the outstanding balance due and owing on such judgment is $6,142.04.
I shall offer for public sale to the highest bidder, for cash, at public auction all the right, title and interest of the Defendants in said property on May 28, 2008 at 10:00 a.m., at the Sheriff’s Office, 449 San Juan Street, Pagosa Springs, Colorado.
NOTE: THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN
Peter L. Gonzalez, Sheriff
Archuleta County, Colorado
Published April 24, May 1, 8, 15 and 22, 2008 in The Pagosa Springs SUN.
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A Minor Subdivision (previously approved as a Limited Impact Use) of 4 townhouse units configured into 2 duplex formation is proposed on a 10.82 +/- acres located at 72 Great West Ave. The nearest cross streets are Great West Avenue and Highway 160.
Comments regarding this proposal may be submitted to the Archuleta County Planning Department, P.O. Box 1507, Pagosa Springs, CO 81147-1507, telephone: (970) 731-3877 prior to the public hearing by the Board of County Commissioners on May 20, 2008 at 1:30 p.m. in the County Courthouse. If you prefer, you may attend the public hearing and be heard.
Published May 1 and 8, 2008 in The Pagosa Springs SUN.
_____________
District Court, Archuleta County, State of Colorado
Court Address: PO Box 148, 449 San Juan St.
Pagosa Springs, CO 81147
EAGLE’S LOFT PROPERTY OWNERS ASSOCIATION, INC.
Plaintiffs,
vs.
MARCIA W. WILCHER, aka MARCIA M. WILCHER, THE PERSONAL REPRESENTATIVE OF THE ESTATE OF MARCIA M. WILCHER, THE HEIRS AND DEVISEES OF THE ESTATE OF MARCIA M. WILCHER and All Unknown Persons Who Claim Any Interests In The Subject Matter Of This Action
Attorney for Plaintiffs:
Larry W. Holthus
PO Box 1737
Pagosa Springs, CO 81147
Phone Number: (970) 264-4196
FAX Number: (970) 264-4197
Atty. Reg. #: 10535
Case Number: 07 CV 138
SHERIFF’S NOTICE OF SALE
Under a Judgment and Decree of Foreclosure entered April 11, 2008 in the above entitled action, I am ordered to sell the following property which is all of the property currently encumbered by the lien described in said Judgment and decree of Foreclosure:
Unit Number 55, Building Number 55, Unit Week Number 09, in “EAGLE’S LOFT “Phase IV” as Reception No. 137941 and in accordance with and as limited and defined by the Declaration of Individual and/or Interval Ownership, recorded under Reception Number 117700 in Book 200 at Page 834 et seq and amendments and supplements thereto in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.
The Plaintiff named above is the judgment creditor in this action and the current owner of the evidence of debt (the Judgment entered herein) secured by the property being sold; and as of March 1, 2008, the outstanding balance due and owing on such judgment is $5,100.64.
I shall offer for public sale to the highest bidder, for cash, at public auction all the right, title and interest of the Defendants in said property on May 28, 2008 at 10:00 a.m., at the Sheriff’s Office, 449 San Juan Street, Pagosa Springs, Colorado.
NOTE: THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN
Peter L. Gonzalez, Sheriff
Archuleta County, Colorado
Published April 24, May 1, 8, 15 and 22, 2008 in The Pagosa Springs SUN.
_______
District Court, County of ARCHULETA
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Elk Run Property Owners Association, Inc.
v.
Defendant(s):
(1) David L. Nichols
(2) Bruce A. Nichols a/k/a Brace A. Nichols
(3) Dee Ann Butler
(4) Unknowns: All Unknown Spouses Of Any Party Hereto, And All Other Persons Living Or Dead Whose Names Are Unknown, Who Claim Any Interest in The Subject Real Estate
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number
Summons
TO EACH DEFENDANT NAMED ABOVE:
A lawsuit has been started against you in the above entitled court by the above named Plaintiff or Plaintiffs. Plaintiff’s claims are stated in a written Complaint and Petition for Money Judgment for HOA Assessments and Foreclosure Thereof (Complaint), a copy of which is served upon you with this Summons, if service hereof is by a method of personal service. If service hereof is by publication, a copy of the Complaint is available from the Court Clerk and/or the Plaintiff’s attorney whose addresses and phone numbers are indicated above.
In order to defend against this lawsuit, you must respond to the Complaint by stating your defense(s) in writing and by filing same with the Clerk of the Court (by mail, if you wish) and mailing a copy to the Plaintiff’s attorney. Your written response must in certain instances state any related claim(s) which you may have against any other party hereto or you may be barred from making such claim(s) in any other lawsuit. If you do not respond in writing, a default judgment may be entered against you without notice. A default judgment is one where the Plaintiff may be entitled to what they ask for because you have not responded.
Your written response must be filed (by mail, if you wish) with the Clerk of the Court and mailed to Plaintiff’s attorney within thirty (30) days after the date you are personally served with this Summons by a method of personal service or within thirty (30) days of the last publication of this Summons, if it is published. If you wish to seek the advice of an attorney, you should do so promptly so that your written response, if any, may be served on time.
This lawsuit requests a money judgment, the foreclosure of a Homeowners Assessment Lien against and quieting title to the following Real Estate and all improvements thereto:
Real Estate:
Common Description: Unit Week Number 14, Unit Number 7115, Building Number 4, Elk Run Townhouses, Archuleta County, Colorado.
Legal Description: Unit Week Number 14, Unit Number 7115, Building Number 4 in “ELK RUN TOWNHOUSES”, according to and as located on the recorded Map recorded thereof filed for record June 26, 1986 as Reception No. 140480, and in accordance with and as limited and defined by the Declaration of Protective Covenants and Interval Ownership recorded June 26, 1986 as Reception No. 140481, First Amendment thereto recorded August 13, 1986 under Reception No. 141512 and Second Amendment recorded December 1, 1987 as Reception No. 151976, Archuleta County, Colorado.
In this lawsuit, the Plaintiff alleges that the following Defendants have
personal liability on the subject Mortgage or Deed of Trust and Note and the
requested money judgment: David L. Nichols, Bruce A. Nichols a/k/a Brace A.
Nichols and Dee Ann Butler.
Dated: March 17, 2008.
Kleinsmith & Associates, P.C.
Attorney for Plaintiff
By s/ Philip M. Kleinsmith
Philip M. Kleinsmith, #1063
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
REASONABLE ACCOMMODATIONS WILL BE PROVIDED IN ACCORD WITH THE AMERICANS WITH DISABILITIES ACT.
Published April 24, May 1, 8, 15 and 22, 2008 in The Pagosa Springs SUN.
__________
COMBINED NOTICE OF SALE AND
NOTICE OF RIGHTS TO CURE OR REDEEM
No. 21-2008
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
Original Grantor of Deed of Trust (Borrower) John J. Monjazi, a Married Man or Woman
Original Beneficiary of Deed of Trust National Recreational Properties of Pagosa Springs, LLC, a Colorado Limited Liability Company
Current owner of the evidence of debt secured by the Deed of Trust National Recreational Properties of Pagosa Springs, LLC
Date of Deed of Trust July 30, 2005
Recording Date of Deed of Trust August 9, 2005
County of Recording ARCHULETA
Recording Information of Deed of Trust Reception No. 20508243
Original Principal Amount of Evidence of Debt $47,996.00
Outstanding Principal Amount of Evidence of Debt $44,774.68
THE LIEN OF THE DEED OF TRUST TO BE FORECLOSED MAY NOT BE A FIRST LIEN.
You are hereby notified that the undersigned as legal owner of an evidence of debt, which is secured by the Deed of Trust described above, declares a violation of the covenants of said Deed of Trust for reasons including, but not limited to, the failure to pay monthly payments of principal and interest together with all other payments provided for in the Deed of Trust and Note.
The following-described property is all of the property encumbered by said Deed of Trust:
Lot 89, Lakewood Village, according to the plat thereof filed for record April 30, 1979 as Reception No. 94867, County of Archuleta, State of Colorado.
APN: 569919136016
also known by street and number as: Parcel: 569919136016 Archuleta County, Colorado
NOTICE OF SALE
YOU ARE HEREBY NOTIFIED that the legal owner of an evidence of debt, and which is secured by the Deed of Trust described above, has filed written election and demand for sale as provided in said Deed of Trust.
THEREFORE, NOTICE IS HEREBY GIVEN that I will at 10:00 o’clock a.m., on the date of 6-12, 2008 at the Hallway of Archuleta County Courthouse, 449 San Juan St., Pagosa Springs, Colorado, sell at public auction to the highest and best bidder for cash, the real property described above, and all interest of said Grantor, the heirs, successors and assigns of said Grantor, for the purpose of paying the indebtedness provided in said evidence of debt and Deed of Trust, attorney’s fees, and the expenses of sale, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE INSTRUMENT BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED HERETO. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
*A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. 38-38-401 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
*A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. 38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
Attached hereto is a copy of the Statutes pertaining to your rights for this foreclosure action.
/s/ Lois Baker
Public Trustee of the
County of ARCHULETA, Colorado
By /s/ Vicky Rudock
Deputy Public Trustee
The name, address and telephone number of the attorneys representing the legal holder of the indebtedness is: Philip M. Kleinsmith, 6035 Erin Park Drive, #203, Colorado Springs, CO 80918, 719-593-1970.
THE LAW REQUIRES THAT WE INFORM YOU: WE ARE ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.
Published 24, May 1, 8, 15 and 22, 2008 in The Pagosa Springs SUN.
________
District Court, Archuleta County, State of Colorado
Court Address: PO Box 148, 449 San Juan St.
Pagosa Springs, CO 81147
EAGLE’S LOFT PROPERTY OWNERS ASSOCIATION, INC.
Plaintiffs,
vs.
LEON M. GRAY, THE PERSONAL REPRESENTATIVE OF THE ESTATE OF LEON M. GRAY, THE HEIRS AND DEVISEES OF THE ESTATE OF LEON M. GRAY AND MARTHA F. GRAY, THE PERSONAL REPRESENTATIVE OF THE ESTATE OF MARTHA F. GRAY, THE HEIRS AND DEVISEES OF THE ESTATE OF MARTHA F. GRAY and All Unknown Persons Who Claim Any Interests In The Subject Matter Of This Action
Attorney for Plaintiffs:
Larry W. Holthus
PO Box 1737
Pagosa Springs, CO 81147
Phone Number: (970) 264-4196
FAX Number: (970) 264-4197
Atty. Reg. #: 10535
Case Number: 07 CV 163
SHERIFF’S NOTICE OF SALE
Under a Judgment and Decree of Foreclosure entered April 11, 2008 in the above entitled action, I am ordered to sell the following property which is all of the property currently encumbered by the lien described in said Judgment and decree of Foreclosure:
Unit Number 37, Building Number 37 Unit Week Number 44, in “EAGLE’S LOFT “Phase Three as Reception No. 130203 and in accordance with and as limited and defined by the Declaration of Individual and/or Interval Ownership, recorded under Reception Number 117700 in Book 200 at Page 834 et seq and amendments and supplements thereto in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.
The Plaintiff named above is the judgment creditor in this action and the current owner of the evidence of debt (the Judgment entered herein) secured by the property being sold; and as of April 1, 2008, the outstanding balance due and owing on such judgment is $6,441.80.
I shall offer for public sale to the highest bidder, for cash, at public auction all the right, title and interest of the Defendants in said property on May 28, 2008 at 10:00 a.m., at the Sheriff’s Office, 449 San Juan Street, Pagosa Springs, Colorado.
NOTE: THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN
Peter L. Gonzalez, Sheriff
Archuleta County, Colorado
Published April 24, May 1, 8, 15 and 22, 2008 in The Pagosa Springs SUN.
__________
COMBINED NOTICE ARCHULETA COUNTY
PUBLIC TRUSTEE
SALE NO. 20-2008
This Notice concerns the Deed of Trust (“Trust Deed”) described as follows:
Grantor: Kirby C Parks and Paula Kathleen Parks
Original Beneficiary: WASHINGTON MUTUAL BANK, FA
Current Owner of the Evidence of Debt: Washington Mutual Bank
Date of Deed of Trust: July 26, 2006
Recording Date of Deed of Trust: August 04, 2006
Original Principal Amount of Evidence of Debt: $433,600.00
Outstanding Principal Amount of Evidence of Debt as of the date hereof: $452,845.13 Per Paragraph 4, Section H of the Adjustable Rate Note
County of Recording: Archuleta
Book and Page No. or Reception No. of Recorded Deed of Trust: as Reception No. 20607394
Legal Description of Real Property:
A Tract of land located in the Southeast Quarter (SE1/4) of Section one, Township Thirty-five North, Range One West, N.M.P.M., Archuleta County, Colorado, more particularly described as follows, to-wit:
Beginning at the Southwest corner of the herein described tract of land, from whence the One Quarter (1/4) corner common to Sections One and Twelve, Township Thirty-five North, Range One West, N.M.P.M. bears South 55° 18’39” West 1301.23 feet distant; thence North 89° 23’ East 178.00 feet to a point of curvature; thence along a curve to the right, having a radius of 168.40 feet, an arc length of 107.52 feet to a point of tangency; thence Southeasterly along a curve to the right having a radius of 453.43 feet, an arc length of 97.61 feet to a point of tangency; thence South 41° 42’ East 210.75 feet to a point of curvature; thence along a curve Southeasterly to Northeasterly, along a curve to the left, having a radius of 38.40 feet, an arc length of 50.94 feet to a point of tangency and the Southeast corner of the herein described tract of land; thence North 34° 18’ East 58.89 feet to a point of curvature; thence along a curve to the left having a radius of 37.41 feet, an arc length of 39.00 feet to a point of tangency and a point of curvature; thence along a curve to the left having a radius of 61.88 feet, an arc length of 49.34 feet to a point of tangency; thence North 71° 06 West 132.00 feet to a point of curvature; thence along a curve to the right, having a radius of 91.31 feet, an arc length of 70.44 feet; thence along a curve to the right, having a radius of 110.80 feet, an arc length of 66.49 feet to a point of tangency, thence North 07° 39’ East 133.00 feet; thence along a curve to the left, having a radius of 393.50 feet, an arc length 92.71 feet; thence North 05° 49’ West 326.00 feet to a point of curvature; thence along a curve to the right, having a radius of 133.35 feet, an arc length of 120.17 feet; thence North 40° 06’41” West 321.94 feet; thence North 78° 16’ West 52.60 feet; thence South 89° 30’ West 92.15 feet; thence North 19° 54’ West 391.07 feet to the Northeast corner of the herein described tract of land; thence South 73° 12’ West 112.03 feet to the Northwest corner of the herein described tract of land; thence along a curve to the left, having a radius of 47.08 feet, an arc length of 52.68 feet; thence South 09° 05’ West 305.02 feet; thence along a curve to the left, having a radius of 194.92 feet, an arc length of 85.61 feet; thence South 15° 59’ East 64.00 feet; thence along a curve to the right, having a radius of 149.33 feet, an arc length of 118.49 feet; thence South 29° 29’ West 133.00 feet; thence along a curve to the left having a radius of 50.28 feet, an arc length of 56.02 feet; thence South 34° 21’ East 87.70 feet; thence along a curve to the left, having a radius of 247.89 feet, an arc length of 88.26 feet; thence South 54° 45’ East 71.10 feet; thence along a curve to the right, having a radius of 151.71 feet, an arc length of 118.27 feet; thence South 10° 5’ East 163.70 feet; thence along a curve to the left, having a radius of 88.05 feet, an arc length of 123.76 feet to the point of beginning.
Also known as:
1001 Berry Hill Dr, Pagosa Springs, CO 81157
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
THE LIEN OF THE DEED OF TRUST TO BE FORECLOSED MAY NOT BE A FIRST LIEN.
YOU ARE NOTIFIED AS FOLLOWS:
The Holder of the debt secured by the Deed of Trust declares a violation of the covenants of said Deed of Trust for reasons including, but not limited to, the failure to make payments as provided for in the Deed of Trust and Negotiable Instrument.
The Holder of the Debt secured by the Deed of Trust has filed a written Notice of Election and Demand for sale with the undersigned Public Trustee under the terms of the Deed of Trust.
A notice of Intent to Cure filed pursuant to Colorado Revised Statutes 38-38-104 shall be filed with the undersigned at least 15 calendar days prior to the first schedule sale date or any date to which the sale is continued.
A notice of Intent to Redeem pursuant to Colorado Revised Statutes 38-38-302 shall be filed with the undersigned no later than 8 business days after the sale.
The name, address and telephone number of each attorney (if any) representing the Holder of the Debt is as follows:
Robert J. Aronowitz, Esq.Reg. No. 5673
Joel T. Mecklenburg, Esq. Reg. No. 36291
Stacey L. Aronowitz, Esq. Reg. No. 36290
Joan Olson, Esq. Reg. No. 28078
Aronowitz & Ford, LLP
1199 Bannock Street
Denver, Colorado 80204
(303) 813-1177
NOTICE OF SALE
The undersigned will on June 12, 2008, at 10:00 a.m., at Archuleta County Courthouse, Pagosa Springs, CO 81147, sell the Property at public auction to the highest bidder who has submitted bid funds to the undersigned as specified by C.R.S. 38-38-106(7) to pay the Debt and certain other sums, all as provided by applicable law and the Deed of Trust.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE.
DATED: 2-15, 2008
/s/ Lois Baker
Public Trustee of Archuleta County, Colorado
Lois Baker
Public Trustee of Archuleta County
By: /s/ Vicky Rudock
Deputy Public Trustee
Published April 24, May 1, 8, 15 and 22, 2008 in The Pagosa Springs SUN.
_____________
COMBINED NOTICE OF SALE AND
NOTICE OF RIGHTS TO CURE OR REDEEM
No. 18-2008
To Whom It May Concern: This Notice is given with regard tot he following described Deed of Trust:
Original Grantor of Deed of Trust (Borrower) John J. Monjazi, a Married Man or Woman
Original Beneficiary of Deed of Trust National Recreational Properties of Pagosa Springs, LLC, a Colorado Limited Liability Company
Current owner of the evidence of debt secured by the Deed of Trust National Recreational Properties of Pagosa Springs, LLC
Date of Deed of Trust July 30, 2005
Recording Date of Deed of Trust August 9, 2005
County of Recording ARCHULETA
Recording Information of Deed of Trust Reception No. 20508229
Original Principal Amount of Evidence of Debt $41,272.00
Outstanding Principal Amount of Evidence of Debt $38,548.85
THE LIEN OF THE DEED OF TRUST TO BE FORECLOSED MAY NOT BE A FIRST LIEN.
You are hereby notified that the undersigned as legal owner of an evidence of debt, which is secured by the Deed of Trust described above, declares a violation of the covenants of said Deed of Trust or reasons including, but not limited to, the failure to pay monthly payments of principal and interest together with all other payments provided for in the Deed of Trust and Note.
The following-described property is all of the property encumbered by said Deed of Trust:
Lot 13, Pagosa in the Pines Unit Two, according to the plat thereof filed for record February 7, 1972 as Reception No. 75408.
APN: 569916205013
also known by street and number as: Parcel: 569916205013 Archuleta County, Colorado
NOTICE OF SALE
YOU ARE HEREBY NOTIFIED that the legal owner of an evidence of debt, and which is secured by the Deed of Trust described above, has filed written election and demand for sale as provided in said Deed of Trust.
THEREFORE, NOTICE IS HEREBY GIVEN that I will at 10:00 o’clock a.m., on the date of 6-5, 2008 at the Hallway of Archuleta County Courthouse, 449 San Juan St., Pagosa Springs, Colorado, sell at public auction to the highest and best bidder for cash, the real property described above, and all interest of said Grantor, the heirs, successors and assigns of said Grantor, for the purpose of paying the indebtedness provided in said evidence of debt and Deed of Trust, attorney’s fees, and the expenses of sale, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE INSTRUMENT BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH AMY AFFECT YOUR RIGHTS, IS ATTACHED HERETO. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
*A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. 38-38-401 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
*A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. 38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
Attached hereto is a copy of the Statutes pertaining to your rights for this foreclosure action.
/s/ Lois Baker
Public Trustee of the
County of ARCHULETA, Colorado
By /s/ Vicky Rudock
Deputy Public Trustee
Published April 17, 24, May 1, 8 and 15, 2008 in The Pagosa Springs SUN.
______________
District Court, Archuleta County, State of Colorado
Court Address: 449 San Juan Street, P. O. Box 148,
Pagosa Springs, Colorado 81147
Telephone No.: (970) 264-2400
ESCROW SERVICES, INC.
Plaintiff
vs.
CHARLES R. MCKELVEY, THE PERSONAL REPRESENTATIVE OF THE ESTATE OF CHARLES R. MCKELVEY, THE HEIRS AND DEVISEES OF THE ESTATE OF CHARLES R. MCKELVEY AND PHYLLIS J. MCKELVEY, nka PHYLLIS J. HAYES, PIEDRA PARK METROPOLITAN IMPROVEMENT DISTRICT, and All Unknown Persons Who Claim Any Interest In The Subject Matter Of This Action,
Defendants.
Attorney for Plaintiff:
Larry W. Holthus
PO Box 1737
Pagosa Springs, CO 81147
Phone Number: (970) 264-4196
FAX Number: (970) 264-4197; Atty. Reg. #: 10535
Case Number: 08CV 37
SUMMONS BY PUBLICATION
THE PEOPLE OF THE STATE OF COLORADO TO THE ABOVE NAMED DEFENDANTS:
You are hereby summoned and required to appear and defend against the claims of the Complaint filed with the Court in this action, by filing with the Clerk of this Court, an Answer or other response. You are required to file your Answer or other response within thirty (30) days after the date of the last publication. A copy of the Complaint may be obtained from the Clerk of the Court.
If you fail to file your Answer or other response to the Complaint in writing within thirty (30) days after the date of the last publication, judgment by default may be rendered against you by the Court for the relief demanded in the Complaint without further notice.
This is an action to quiet title to:
Lot 16, Block 1, Piedra Park Subdivision 2, according to the plat thereof filed August 13, 1963, as Reception No. 64259, in the office of the Clerk and Recorder, Archuleta County, Colorado.
Dated this 31st day of March, 2008.
Larry W. Holthus
Published April 10, 17, 24, May 1 and 8, 2008 in The Pagosa Springs SUN.
______________
PUBLIC NOTICE
The Town of Pagosa Springs Planning Commission will hold a public hearing to review the sketch plan for The Springs Resort which includes approximately 300 hotel rooms, 193 timeshare/townhome/condominiums and 61,000 square feet of commercial space, located at 305 & X Hot Springs Boulevard. The Public Hearing is scheduled for 5:00 p.m. on May 13, 2008 to be held at Town Hall at 551 Hot Springs Boulevard. Anyone wishing to comment should contact the Town Planning Department or attend the public hearing and be heard.
Published May 8, 2008 in The Pagosa Springs SUN.
_______________
ADVERTISEMENT TO BID
Sealed bids will be received by the Pagosa Area Water and Sanitation District, 100 Lyn Avenue, P.O. Drawer 4610, Pagosa Springs, Colorado 81147, until 10:00 a.m. on Friday, May 16, 2008. Bids received after this time will not be accepted and will be returned unopened.
At 10:00 a.m. on Friday, May 16, 2006, the bid opening shall be held at the Pagosa Area Water and Sanitation District, Conference Room at 100 Lyn Avenue, Pagosa Springs, Colorado, all Bids that have been duly received will be opened publicly and read aloud. All interested parties are invited to attend. The Owner reserves the right to reject any or all Bids and to waive irregularities therein, and all Bidders shall agree that such rejection shall be without liability on the part of the Owner for any damage or claim brought by any Bidder because of such rejections, nor shall the Bidders seek any recourse of any kind against the Owner because of such rejections. The filing of any Bid in response to this invitation shall constitute an agreement of the Bidder to these conditions.
The work to be performed generally includes, but may not be limited the following components:
The Pagosa Area Water and Sanitation District is seeking a Contractor to construct a new concrete slab and footers for a new prefabricated metal building structure (not included in this scope) with all the associated appurtenances as described in and as shown on the Contract Documents. Contractor’s work to include any blasting, excavation, subgrade preparation, fill and compaction; construction of the concrete foundation, and slab; including floor drains and related piping; associated yard piping to include drain piping, outfall structure, site apron, site drainage and erosion control, and all associated materials, equipment and appurtenances required for a completely functioning system. The project includes all associated materials, equipment and appurtenances required for a completely functioning system and as identified in the Contract Documents.
Copies of the Contact Documents, Drawings, and Project Specifications for use in preparing Bids may be obtained from Briliam Engineering, (970) 731-9338, 301 N. Pagosa Blvd., Suite B-16, Pagosa Springs, Colorado, 81147 Friday, May 2, 2008.. The cost per set of copies is $50.00, payable to Briliam Engineering at the time of pick up.
OWNER: Pagosa Area Water and Sanitation District
By: /s/Carrie Weiss
Manager
Published May 8, 2008 in The Pagosa Springs SUN.
______________
NOTICE OF PROPOSED RESERVATION AIR CODE AND TITLE V OPERATING PERMIT PROGRAM AND REQUEST FOR COMMENTS
The Southern Ute Indian Tribe/State of Colorado Environmental Commission is seeking comments from interested persons on a Reservation Air Code which includes the regulations for what is known as a Title V operating permit program under the federal Clean Air Act. As described below, the program will be applicable to all major sources of air pollution located within the exterior boundaries of the Southern Ute Indian Reservation.
Statement of time, place and nature of rule-making proceeding.
In addition to receiving written comments as provided below, the Environmental Commission shall hold a public hearing at the Durango Recreation Center – The Peaks meeting room, 2700 Main Avenue, Durango CO, 81301 on Wednesday, June 18, 2008, beginning at 7:00 p.m., to receive public comment on the proposed Code.
Legal authority under which the rule is proposed.
Legal authority is vested in the Southern Ute Indian Tribe/State of Colorado Environmental Commission to promulgate rules and regulations for a single air quality program applicable to all lands within the exterior boundaries of the Southern Ute Indian Reservation and to review appealable administrative actions by the Intergovernmental Agreement Between the Southern Ute Indian Tribe and the State of Colorado Concerning Air Quality Control on the Southern Ute Indian Reservation dated December 13, 1999 (“IGA”), and by tribal law (Resolution of the Council of the Southern Ute Indian Tribe # 00-09) and State law (C.R.S. § 24-62-101), and as recognized in federal law (Act of October 18, 2004, Pub. L. No. 108-336, 118 Stat.1354).
Deadline for submission of written comments.
Please provide any comments on the proposed Code no later than Friday, June 20, 2008. Please submit your comments to James Temte, Air Quality Program Manager for the Southern Ute Indian Tribe, by one of the following methods:
• E-mail: jtemte@southern-ute.nsn.us
• Mail: Southern Ute Indian Tribe/State of Colorado Environmental Commission, c/o James Temte, Air Quality Program Manager, Southern Ute Environmental Programs Division, P.O. Box 737, Ignacio, Colorado, 81137
• Fax: 970-563-0348
• Hand delivery: Air Quality Program, Environmental Programs Division, Southern Ute Indian Tribe, 116 Mouache Dr., Ignacio, Colorado, 81137
Summary description of proposed rule.
The purpose of the proposed Code is to establish an air quality permitting program consistent with the requirements of Title V of the federal Clean Air Act (42 U.S.C. 7661-7661f et. seq.) and the implementing regulations of the United States Environmental Protection Agency found at 40 CFR Part 70. An operating permit program does not allow for the addition of new emissions control requirements, but rather clarifies the air pollution control obligations of major sources by compiling in one document all of a source’s compliance requirements. The intent is that by including all applicable requirements in one permit it will be easier for the source owner, the regulatory agency, and the public to determine if the source is in compliance. Operating permits, therefore, include a listing of all air pollution regulatory requirements that apply to the source. The permits contain monitoring, record keeping and reporting requirements designed to ensure that the source knows when it is and is not in compliance. Owners of sources with operating permits must certify that the source is in compliance each year, and the permits must be renewed every five years.
The specific purposes of this Reservation Air Code are to establish the following:
(1) A tribally administered Title V operating permit program which will apply to all major air pollution sources on the Reservation,
(2) Terms under which a tribally issued Title V operating permit will allow a source to operate,
(3) Tribal civil enforcement of tribally issued Title V operating permits, and
(4) The process for applying, issuing, renewing, etc., Title V operating permits.
In accordance with Public Law No. 108-336 and the IGA, the Tribe and the Environmental Commission will enforce civil compliance with the Code. Appealable administrative actions taken by the Tribe will be subject to review by the Commission in accordance with the administrative appeal procedures contained in the Commission’s Procedural Rules.
Pursuant to the program’s regulations, emission sources will be charged a fee for releasing air pollutants into the Reservation air-shed. Fees will be used to make the program self-sufficient and allow for the development of other applicable and necessary regulations.
Where a complete copy of the proposed rule can be obtained.
A copy of the Code is available upon request from the Tribe’s Air Quality Program Manager who can be contacted by e-mail, mail, fax, or in person at the addresses noted above. The Code also is available at the following website: http://www.southern-ute.nsn.us/SUEPD/SUIT_CO_Env_Comm_Related_Docs.htm.
For further information contact: James Temte, Program Manager, Air Quality Program, Southern Ute Indian Tribe, P.O. Box 737, Ignacio, Colorado, 81137; telephone number (970) 563-4705 (ext. 2223); fax number (970) 563-0384; e-mail jtemte@southern-ute.nsn.us
Published May 8, 2008 in The Pagosa Springs SUN.
_______________________
PUBLIC NOTICE
Keyah Grande, LLC, located at 13211 Highway 160 West, Pagosa Springs, Colorado 81147 [(970) 731-2158], has filed an application for a Regular (112) Construction Materials Operation Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. The proposed mine is known as the Keyah Grande Aggregate Mining Operation, and is located at or near Sections 5, 6, 7 & 8, Township 36 North, Range 9 West, New Mexico Principal Meridian.
The proposed date of commencement is July 2008, and the proposed date of completion is September 2010. The proposed future use of the land is wildlife habitat. Additional information and tentative decision date may be obtained from the Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567, or at the Archuleta County Clerk and Recorder’s Office, 449 San Juan Street, Pagosa Springs, Colorado 81147, or the above-named Applicant.
Comments must be in writing and must be received by the Division of Reclamation, Mining and Safety by 4:00 PM on June, 18, 2008.
Please note that under the provisions of C.R.S. 34-32.5-1010 et seq., comments related to noise, truck traffic, hours of operation, visual impacts, effects on property values and other social or economic concerns are issues not subject to this Office’s jurisdiction. These subjects, and similar ones, are typically addressed by your local governments, rather than the Division of Reclamation, Mining and Safety or the Mined Land Reclamation Board.
Published May 8, 15, 22 and 29, 2008 in The Pagosa Springs SUN.
_______________
District Court, Archuleta County, State of Colorado
Court Address: PO Box 148, 449 San Juan St.
Pagosa Springs, CO 81147
EAGLE’S LOFT PROPERTY OWNERS ASSOCIATION, INC.
v.
ROBERT E. HAYS, aka Robert C. Hays, The Personal Representative of Robert E. Hays, aka Robert C. Hays, the Heirs and Devisees of Robert E. Hays, aka Robert C. Hays, GERALDINE E. HAYS, the Personal Representative of Geraldine E. Hays, The Heirs and Devisees of Geraldine E. Hays and All Unknown Persons Who Claim Any Interest in the Subject Matter of this Action.
Defendants.
Attorney for Plaintiffs:
Larry W. Holthus
PO Box 1737
Pagosa Springs, CO 81147
Phone Number: (970) 264-4196
FAX Number: (970) 264-4197
Atty. Reg. #: 10535
Case Number: 07 CV 017
SUMMONS BY PUBLICATION
THE PEOPLE OF THE STATE OF COLORADO TO THE ABOVE NAMED DEFENDANTS:
You are hereby summoned and required to appear and defend against the claims of the Complaint filed with the Court in this action, by filing with the Clerk of this Court, an Answer or other response. You are required to file your Answer or other response within thirty (30) days after the date of the last publication. A copy of the Complaint may be obtained from the Clerk of the Court.
If you fail to file your Answer or other response to the Complaint in writing within thirty (30) days after the date of the last publication, judgment by default may be rendered against you by the Court for the relief demanded in the Complaint without further notice.
This is an action to quiet title to:
Unit Number 09 Building Number 09, Unit Week Number 39, in “EAGLE’S LOFT – Phase Two, according to and as located on the recorded Map thereof filed for record April 10, 1984 as Reception No. 122870 and in accordance with and as limited and defined by the Declaration of Individual and/or Interval Ownership for Eagles Loft – Phase Two, Archuleta County, Colorado, in Book 200 at Page 834 et seq and amendments and supplements thereto in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.
And
Unit Number 09 Building Number 09, Unit Week Number 38, in “EAGLE’S LOFT – Phase Two, according to and as located on the recorded Map thereof filed for record April 10, 1984 as Reception No. 122870 and in accordance with and as limited and defined by the Declaration of Individual and/or Interval Ownership for Eagles Loft – Phase Two, Archuleta County, Colorado, in Book 200 at Page 834 et seq and amendments and supplements thereto in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.
Dated this ____ day of ___________________, 2007.
Larry W. Holthus
Published May 8, 15, 22, 29 and June 5, 2008 in The Pagosa Springs SUN.
__________
NOTICE OF SALE
COLORADO- ALL PURPOSE STORAGE WILL SELL OR DISPOSE OF THE CONTENTS OF THE FOLLOWING UNITS #C57, IN ORDER TO PAY OFF PAST DUE RENTS, LATE CHARGES & COLLECTION CHARGES.
TENANT: Ed Crider
322 Hummingbird Lane, Pagosa Springs
CONTENTS: Furniture, tools, assorted items.
Published May 8 and 15, 2008 in The Pagosa Springs SUN.
___________
COMBINED NOTICE OF SALE AND
NOTICE OF RIGHTS TO CURE OR REDEEM
No. 19-2008
To Whom It May Concern: This Notice is given with regard tot he following described Deed of Trust:
Original Grantor of Deed of Trust (Borrower) John J. Monjazi, a Married Man or Woman
Original Beneficiary of Deed of Trust National Recreational Properties of Pagosa Springs, LLC, a Colorado Limited Liability Company
Current owner of the evidence of debt secured by the Deed of Trust National Recreational Properties of Pagosa Springs, LLC
Date of Deed of Trust July 30, 2005
Recording Date of Deed of Trust August 9, 2005
County of Recording ARCHULETA
Recording Information of Deed of Trust Reception No. 20508239
Original Principal Amount of Evidence of Debt $47,996.00
Outstanding Principal Amount of Evidence of Debt $44,774.60
THE LIEN OF THE DEED OF TRUST TO BE FORECLOSED MAY NOT BE A FIRST LIEN.
You are hereby notified that the undersigned as legal owner of an evidence of debt, which is secured by the Deed of Trust described above, declares a violation of the covenants of said Deed of Trust or reasons including, but not limited to, the failure to pay monthly payments of principal and interest together with all other payments provided for in the Deed of Trust and Note.
The following-described property is all of the property encumbered by said Deed of Trust:
Lot 87, Lakewood Village, according to the plat thereof filed fo record April 30, 1979 as Reception No. 94867.
APN: 569916205013
also known by street and number as: APN: 569919136014 Archuleta County, Colorado
NOTICE OF SALE
YOU ARE HEREBY NOTIFIED that the legal owner of an evidence of debt, and which is secured by the Deed of Trust described above, has filed written election and demand for sale as provided in said Deed of Trust.
THEREFORE, NOTICE IS HEREBY GIVEN that I will at 10:00 o’clock a.m., on the date of 6-5-08, 2008 at the Hallway of Archuleta County Courthouse, 449 San Juan St., Pagosa Springs, Colorado, sell at public auction to the highest and best bidder for cash, the real property described above, and all interest of said Grantor, the heirs, successors and assigns of said Grantor, for the purpose of paying the indebtedness provided in said evidence of debt and Deed of Trust, attorney’s fees, and the expenses of sale, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE INSTRUMENT BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH AMY AFFECT YOUR RIGHTS, IS ATTACHED HERETO. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
*A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. 38-38-401 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
*A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. 38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
Attached hereto is a copy of the Statutes pertaining to your rights for this foreclosure action.
/s/ Lois Baker
Public Trustee of the
County of ARCHULETA, Colorado
By /s/ Vicky Rudock
Deputy Public Trustee
Published April 17, 24, May 1, 8 and 15, 2008 in The Pagosa Springs SUN.
_____________
PRIVATE District Court, County of ARCHULETAPRIVATE
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Village Pointe Property Owners Association, Inc.
v.
Defendant(s):
(1) Michael J. Dragush
(2) Alma E. Dragush
(3) Unknowns: All Unknown Spouses Of Any Party
Hereto, And All Other Persons Living Or Dead
Whose Names Are Unknown, Who Claim Any
Interest in The Subject Real Estate
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number
08CV53
Summons
TO EACH DEFENDANT NAMED ABOVE:
A lawsuit has been started against you in the above entitled court by the above named Plaintiff or Plaintiffs. Plaintiff’s claims are stated in a written Complaint and Petition for Money Judgment for HOA Assessments and Foreclosure Thereof (Complaint), a copy of which is served upon you with this Summons, if service hereof is by a method of personal service. If service hereof is by publication, a copy of the Complaint is available from the Court Clerk and/or the Plaintiff’s attorney whose addresses and phone numbers are indicated above.
In order to defend against this lawsuit, you must respond to the Complaint by stating your defense(s) in writing and by filing same with the Clerk of the Court (by mail, if you wish) and mailing a copy to the Plaintiff’s attorney. Your written response must in certain instances state any related claim(s) which you may have against any other party hereto or you may be barred from making such claim(s) in any other lawsuit. If you do not respond in writing, a default judgment may be entered against you without notice. A default judgment is one where the Plaintiff may be entitled to what they ask for because you have not responded.
Your written response must be filed (by mail, if you wish) with the Clerk of the Court and mailed to Plaintiff’s attorney within thirty (30) days after the date you are personally served with this Summons by a method of personal service or within thirty (30) days of the last publication of this Summons, if it is published. If you wish to seek the advice of an attorney, you should do so promptly so that your written response, if any, may be served on time.
This lawsuit requests a money judgment, the foreclosure of a Homeowners Assessment Lien against and quieting title to the following Real Estate and all improvements thereto:
Real Estate:
Common Description: Unit Week Number 40, Condominium Unit Number 7530, Building Number 6, in Phase III of Village Pointe Condominiums, Archuleta County, Colorado
Legal Description: Unit Week Number 40, Condominium Unit Number 7530, Building Number 6, in Phase III of Village Pointe Condominiums, according to and as located on the recorded map recorded under Reception No. 176324 and the Declaration of Condominium and Interval Ownership of Village Pointe Condominiums recorded under Reception No. 160495, and amendments and supplements thereto, in the Office of the County Clerk, Archuleta County, Colorado
In this lawsuit, the Plaintiff alleges that the following Defendants have personal liability on the subject Mortgage or Deed of Trust and Note and the requested money judgment: Michael J. Dragush and Alma E. Dragush.
Dated: March 3, 2008.
Kleinsmith & Associates, P.C.
Attorney for Plaintiff
by Philip M. Kleinsmith, #1063
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
REASONABLE ACCOMMODATIONS WILL BE PROVIDED IN ACCORD WITH THE AMERICANS WITH DISABILITIES ACT.
Published April 17, 24, May 1, 8 and 15, 2008 in The Pagosa Springs SUN.
____________
COMBINED NOTICE OF SALE, RIGHT TO CURE AND RIGHT TO REDEEM
Public Trustee Sale No. 15-2008
TO WHOM IT MAY CONCERN
This Notice is given with regard to the Deeds of Trust described as follows:
Original Grantors: Linda D. Paskey and Pagosa Electrical Supply, Inc.
Original Beneficiary: Vectra Bank Colorado, National Association (assigned to Citizens Bank of Pagosa Springs) with respect to the Deeds of Trust Dated October 14, 2003; and Citizens Bank of Pagosa Springs with respect to the remaining deeds of trust.
Current owner of the evidence of debt secured by the Deeds of Trust: Citizens Bank of Pagosa Springs
Date of Deeds of Trust:
December 27, ,2004
June 8, 2005
June 8, 2005
October 24, 2005
October 24, 2005
October 14, 2003
October 14, 2003
October 14, 2003
County of Recording: Archuleta County
Dates of Recording Deeds of Trust:
December 29, 2004
June 15, 2005
June 15, 2005
November 8, 2005
November 8, 2005
October 29, 2003
October 29, 2003
October 29, 2003
Recording Information: Reception No. 20412520
Reception No. 20505731
Reception No. 20505732
Reception No. 20512017
Reception No. 20512018
Reception No. 20311242
Reception No. 20311243
Reception No. 20311244
The original principal amount of the evidences of debt and as of January 1, 2008, are as follows:
Original January 1, 2008
Promissory Note dated December 27, 2004:
$562,427.00 $545,290.32
Promissory Note dated June 8, 2005:
$163,167.26 $132,691.94
Promissory Note dated October 24, 2005:
$82,421.34 $61,487.01
Promissory Note dated October 14, 2003:
$60,018.00 $51,755.29
Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deeds of trust have been violated as follows: Payments on the promissory notes which are secured by the deeds of trust are in default.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS A PORTION OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIENS OF THE DEEDS OF TRUST.
The real property to be foreclosed is located in Archuleta County, Colorado, and is described as follows:
Lot 3X-1, Beserra Minor Subdivision, according to the plat thereof filed October 12, 2000, as Reception No. 20009827, in the office of the Clerk and recorder, Archuleta County, Colorado, also known as: 953 Park Avenue, Pagosa Springs, Colorado, 81147; and
Lot 4, Block 9, Aspen Springs Subdivision, No. 2 amended, according to the plat thereof filed June 15, 1971, as Reception No. 117828, in the office of the Clerk and recorder, Archuleta County, Colorado, also known as 106 Sparrow Lane, Pagosa Springs, Colorado, 81147.
Lot 18, Teyuakan Subdivision Phase Two, according to the plat thereof filed August 5, 1983, as Reception No. 117828, in the office of the Clerk and Recorder, Archuleta County, Colorado, also known as 2081 Rousch Drive, Pagosa Springs, CO 81147.
Lot 19, Teyuakan Subdivision Phase Two, according to the plat thereof filed August 5, 1983, as Reception No. 117828, in the office of the Clerk and Recorder, Archuleta County, Colorado, also known as 2107 Rousch Drive, Pagosa Springs, CO 81147.
Lot 25, Teyuakan Subdivision Phase Two, according to the plat thereof filed August 5, 1983, as Reception No. 117828, in the office of the Clerk and Recorder, Archuleta County, Colorado, also known as 1363 Rousch Drive, Pagosa Springs, CO 81147.
NOTICE OF SALE
The current owner of the Evidence of Debt secured by the Deeds of Trust described herein, has filed notice of election and demand for sale as provided by law and in said Deeds of Trust.
THEERFORE, Notice is Hereby Given that I will at public auction, at 10:00 a.m., on May 29, 2008 at the Office of the Public Trustee, 449 San Juan Street, Pagosa Springs, CO 81147, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantors, Grantors’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidences of Debt secured by the Deeds of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEEDS OF TRUST BEING FORECLOSED, A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVISOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO CRS §38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO CRS §38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAY PRIOR TO THE END OF THE OWNER’S REDEMPTION PERIOD.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION MAY BE USED FOR THAT PURPOSE.
Dated: February 6, 2008 /s/ Lois Baker
ARCHULETA COUNTY PUBLIC TRUSTEE
/s/ Vicky Rudock, Deputy
Sale Date May 29, 2008
Statutes attached: §§38-37-108, 38-38-103, 38-38-104, 38-38-301 to 38-38-306, CRS, as amended.
Published April 10, 17, 24, May 1 and 8, 2008 in The Pagosa Springs SUN.
___________
District Court, Archuleta County, State of Colorado
Court Address: 449 San Juan St., PO Box 148
Pagosa Springs, CO 81147
Telephone No.: (970) 264-2400
BOB’S CASING CREW, INC.,
Plaintiff,
vs.
STEVE VIDAL, JR. AND JANE A VIDAL, THE PERSONAL REPRESENTATIVE OF THE ESTATE OF STEVE VIDAL, JR. AND JANE A. VIDAL, THE HEIRS AND DEVISEES OF THE ESTATE OF STEVE VIDAL, JR. AND JANE A VIDAL, THE PERSONAL REPRESENTATIVE OF THE ESTATE OF FRANCIS L. CORRIGAN, THE HEIRS AND DEVISEES OF THE ESTATE OF FRANCIS L. CORRIGAN, and All Unknown Persons Who Claim Any Interest in the Subject Matter of This Action.
Defendants,
Case Number: 08CV 83
Attorney for Plaintiffs:
Larry W. Holthus
PO Box 1737
Pagosa Springs, CO 81147
Phone Number: (970) 264-4196
FAX Number: (970) 264-4197
Atty. Reg. #: 10535
SUMMONS BY PUBLICATION
THE PEOPLE OF THE STATE OF COLORADO TO THE ABOVE NAMED DEFENDANTS:
You are hereby summoned and required to appear and defend against the claims of the Complaint filed with the Court in this action, by filing with the Clerk of this Court, an Answer or other response. You are required to file your Answer or other response within thirty (30) days after the date of the last publication. A copy of the Complaint may be obtained from the Clerk of the Court.
If you fail to file your Answer or other response to the Complaint in writing within thirty (30) days after the date of the last publication, judgment by default may be rendered against you by the Court for the relief demanded in the Complaint without further notice.
This is an action to quiet title to:
MARCH 08, 2008
LEGAL DESCRIPTION
A Tract of land located in the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) of Section 30, Township 35 North, Range 2 East, New Mexico Principal Meridian, Archuleta County, Colorado, being more particularly described as follows, to-wit:
Beginning at the northwest corner of the SE1/4 SE1/4 of Section 30;
Thence N.88°41’40”E., 523.21 feet along the north line of the SE1/4 SE1/4 of Section 30 to a fence line;
Thence S.00°32’30”E., 75.35 feet along said fence line to its intersection with the north line of that Parcel of land described in Book 105 on Page 151 (More recent under Rec. No. 20108180);
Thence S.85°33’14”W., 24.38 feet along the north line of that parcel of land described in Book 105 on page 151 to the northeast corner of that Parcel of land described in Book 112 on Page 145;
Thence S.85°33’14”W., 499.68 feet along the north line of that Parcel of land described in Book 112 on Page 145 to the west line of the SE1/4 SE1/4 of Section 30;
Thence N.00°43’20”W., 104.06 feet along the west line of the SE1/4 SE1/4 of Section 30 the Place Of Beginning.
Containing 1.08 acres more or less.
Prepared by Dean P. Schultz
Colorado Certificate No. 26973
/s/ Dean P. Schultz
Dated this 19th day of March, 2008.
/s/ Larry W. Holthus
Larry W. Holthus
Published April 10, 17, 24, May 1 and 8, 2008 in The Pagosa Springs SUN.
___________
COMBINED NOTICE OF SALE, RIGHT TO CURE, AND RIGHT TO REDEEM
Public Trustee Sale No. 16-2008
This Combined Notice concerns the Deed of Trust described as follows:
SJM-1 Investment, Ltd., et al. Original Grantor (Borrower)
Public Trustee of Archuleta County, Colorado Original Beneficiary
Pueblo Bank and Trust Company Current Owner of Evidence of Debt
May 16, 2006 Date of Deed of Trust
May 17, 2006 Recording Date of Deed of Trust
Archuleta County of Recording
20604489 Reference Nos. of Recorded Deed of Trust
$ 1,030,000.00 Original principal balance of Debt
$ 1,378,678.59 Outstanding principal balance of Debt on date of this Notice
YOU ARE NOTIFIED AS FOLLOWS:
A foreclosure proceeding was commenced in the office of the undersigned Public Trustee to foreclose the lien of the above-described Deed of Trust. The following described property located in the Archuleta County, State of Colorado, is all of the property currently encumbered by said Deed of Trust:
LEGAL DESCRIPTION EXHIBIT “A”
TRACT I:
Lots 2 and 3 of SAN JUAN RV PARK BOUNDARY ADJUSTMENT & MINOR IMPACT SUBDIVISION, according to the plat thereof filed for record May 12, 2005 as Reception No. 20504547.
TRACT II:
Lot 3X of SAN JUAN RV PARK BOUNDARY ADJUSTMENT & MINOR IMPACT SUBDIVISION, according to the plat thereof filed for record May 12, 2005 as Reception No. 20504547.
TRACT III:
Lots 1 and 2 of SAN JUAN MOTEL MINOR IMPACT SUBDIVISION, according to the plat thereof filed for record February 2, 2001 as Reception No. 20101071.
also known by street and number as:
assessor’s schedule or parcel number:
The covenant violations under the Debt or Deed of Trust or both on which the demand for foreclosure is based are as follows:
Failure to make payments on loan when due.
You may have an interest in the real property being foreclosed that may be affected by this foreclosure. You may have the right to cure a default under the above-described Deed of Trust, and you may have the right to redeem the real property being foreclosed. A notice of intent to cure filed pursuant to § 38-38-104, Colorado Revised Statutes, shall be filed with the undersigned public trustee at least fifteen (15) calendar days prior to the first scheduled sale date or any date to which the sale is continued. A notice of intent to redeem pursuant to § 38-38-302, Colorado Revised Statutes, shall be filed with the undersigned public trustee no later than 8 business days after the sale.
A copy of sections 38-37-108, 38-38-103, 38-38-104, 38-38-301, 38-38-304, 38-38-305, and 38-38-306 of the Colorado Revised Statutes, as presently comprised, is included with this Combined Notice as required by law. However, your rights may be determined by previous statutes.
The name address and telephone number of each attorney representing the Holder is as follows:
O’Dell & Silburn, LLC
Catherine Silburn, Attorney No. 34669
1600 Jackson Street, Site 250
Golden, Colorado 80401
(303) 436-9200
THEREFORE, the undersigned Public Trustee will, at 10:00 o’clock a.m., on the date of May 29, 2008, at 449 San Juan St., County Court House, sell the Property at public auction to the highest bidder who has submitted bid funds to the undersigned Public Trustee as specified by § 38-38-106(7), C.R.S. to pay the Debt and certain other sums, all as provided by applicable law and the Deed of Trust, and will deliver to the purchaser a certificate of purchase as provided by law.
THE LIEN OF THE DEED OF TRUST BEING FORECLOSED MAY NOT BE A FIST LIEN.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE.
Date: February 6, 2008 /s/ Lois Baker
Public Trustee of County of Archuleta
State of Colorado
By /s/ Vicky Rudock
Deputy Public Trustee
Published April 10, 17, 24, May 1 and 8, 2008 in The Pagosa Springs SUN.
______
COMBINED NOTICE OF SALE, RIGHT TO CURE, AND RIGHT TO REDEEM
Public Trustee Sale No. 13-2008
This Combined Notice concerns the Deed of Trust described as follows:
SJRV Investment, Ltd., et al. Original Grantor (Borrower)
Public Trustee of Archuleta County, Colorado Original Beneficiary
Pueblo Bank and Trust Company Current Owner of Evidence of Debt
May 31, 2006 Date of Deed of Trust
June 2, 2006 Recording Date of Deed of Trust
Archuleta County of Recording
20605357 Reference Nos. of Recorded Deed of Trust
$ 75,000.00 Original principal balance of Debt
$ 82,929.24 Outstanding principal balance of Debt on date of this Notice
YOU ARE NOTIFIED AS FOLLOWS:
A foreclosure proceeding was commenced in the office of the undersigned Public Trustee to foreclose the lien of the above-described Deed of Trust. The following described property located in the Archuleta County, State of Colorado, is all of the property currently encumbered by said Deed of Trust:
LEGAL DESCRIPTION EXHIBIT “A”
TRACT I:
Lots 2 and 3 of SAN JUAN RV PARK BOUNDARY ADJUSTMENT & MINOR IMPACT SUBDIVISION, according to the plat thereof filed for record May 12, 2005 as Reception No. 20504547.
TRACT II:
Lot 3X of SAN JUAN RV PARK BOUNDARY ADJUSTMENT & MINOR IMPACT SUBDIVISION, according to the plat thereof filed for record May 12, 2005 as Reception No. 20504547.
TRACT III:
Lots 1 and 2 of SAN JUAN MOTEL MINOR IMPACT SUBDIVISION, according to the plat thereof filed for record February 2, 2001 as Reception No. 20101071.
TRACT IV:
Lots 2 and 3 of A RE-PLAT AND MINOR SUBDIVISION OF THE WESTERLY 6.07 ACRES OF TRACT G, according to the plat thereof filed for record May 18, 2001 as Reception No. 20104196.
also known by street and number as:
assessor’s schedule or parcel number:
The covenant violations under the Debt or Deed of Trust or both on which the demand for foreclosure is based are as follows:
Failure to make payments on loan when due.
You may have an interest in the real property being foreclosed that may be affected by this foreclosure. You may have the right to cure a default under the above-described Deed of Trust, and you may have the right to redeem the real property being foreclosed. A notice of intent to cure filed pursuant to § 38-38-104, Colorado Revised Statutes, shall be filed with the undersigned public trustee at least fifteen (15) calendar days prior to the first scheduled sale date or any date to which the sale is continued. A notice of intent to redeem pursuant to § 38-38-302, Colorado Revised Statutes, shall be filed with the undersigned public trustee no later than 8 business days after the sale.
A copy of sections 38-37-108, 38-38-103, 38-38-104, 38-38-301, 38-38-304, 38-38-305, and 38-38-306 of the Colorado Revised Statutes, as presently comprised, is included with this Combined Notice as required by law. However, your rights may be determined by previous statutes.
The name address and telephone number of each attorney representing the Holder is as follows:
O’Dell & Silburn, LLC
Catherine Silburn, Attorney No. 34669
1600 Jackson Street, Site 250
Golden, Colorado 80401
(303) 436-9200
THEREFORE, the undersigned Public Trustee will, at 10:00 o’clock a.m., on the date of May 29, 2008, at 449 San Juan St., County Court House, sell the Property at public auction to the highest bidder who has submitted bid funds to the undersigned Public Trustee as specified by § 38-38-106(7), C.R.S. to pay the Debt and certain other sums, all as provided by applicable law and the Deed of Trust, and will deliver to the purchaser a certificate of purchase as provided by law.
THE LIEN OF THE DEED OF TRUST BEING FORECLOSED MAY NOT BE A FIST LIEN.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE.
Date: February 5, 2008 /s/ Lois Baker
Public Trustee of County of Archuleta
State of Colorado
By /s/ Vicky Rudock
Deputy Public Trustee
Published April 10, 17, 24, May 1 and 8, 2008 in The Pagosa Springs SUN.
____________
COMBINED NOTICE OF SALE AND RIGHT TO CURE OR REDEEM
To Whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee’s Foreclosure Sale No. 25-2008 was commenced on 2-20-08 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Alan B Zumwalt and Melody A Zumwalt Original Grantor(s)
Mortgage Electronic Registration Systems, Inc., as nominee for America’s Wholesale Lender Original Beneficiary
U.S. Bank National Association, as Trustee for J.P. Morgan Mortgage Acquisition Trust 2006-CW2 Current Holder of Evidence of Debt
April 4, 2006 Date of Deed of Trust
Archuleta County of Recording
April 4, 2006 Recording Date of Deed of Trust:
At Reception No. 20603093 Recording Information Receipt No. and/or Book No. and Page No.
$152,000.00 Original Principal Balance
$152,000.00 Outstanding Principal Balance
Pursuant to C.R.S. § 38-38-101(4)(i), you are hereby notified that the covenants of the Deed of Trust have been violated as follows: Failure to pay principal and interest when due together with all other payments provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
LOTS 15 AND 20, BLOCK 13, ASPEN SPRINGS SUBDIVISION NO. 3, ACCORDING TO THE AMENDED PLAT THEREOF FILED JULY 6, 1971, AS RECEPTION NO. 74567, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.
WHICH HAS THE ADDRESS OF 443 Steep Place Pagosa Springs, CO 81147
NOTICE OF SALE
The current Holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written election and demand for sale as provided by law and in said Deed of Trust.
THEREFORE, Notice Is Herby Given that I will at public action at 10:00 a.m. on June 19, 2008, at at the front door of the Archuleta County Public Trustee’s Office, 449 San Juan Street, P O Box 790, Pagosa Springs, Colorado, 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 attorney’s fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
NOTICE OF RIGHTS
YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. 38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. 38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
DATE: 2-20-08
Public Trustee of Archuleta County, State of Colorado
/s/ Lois Baker by Vicky Rudock, Deputy
By: Lois Baker, Public Trustee
The name, address and telephone number of the attorneys representing the legal holder of the indebtedness is:
Caren Jacobs Castle #11790
Deanne R. Stodden #33214
Elizabeth S. Marcus #16092
Barbara A. Bader #10394
Jennifer C. Rogers #34682
Britney Beall-Eder #34935
P.C. Wolf #34797
Ericka D. Olson #37897
Katharine E. Fisher #39230
Lauren R. Smith #39316
Castle Meinhold & Stawiarski, LLC, 999 18th Street, Suite 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.
Published May 1, 8, 15, 22 and 29, 2008 in The Pagosa Springs SUN.
___________
PRIVATE District Court, County of ARCHULETAPRIVATE
State of Colorado
Court Address: P.O. Box 148
449 San Juan Street
Pagosa Springs, CO 81147
Plaintiff(s):
Village Pointe Property Owners Association, Inc.
v.
Defendant(s):
(1) William K. Varnadore
(2) Mauryne Varnadore
(3) Unknowns: All Unknown Spouses Of Any Party
Hereto, And All Other Persons Living Or Dead
Whose Names Are Unknown, Who Claim Any
Interest in The Subject Real Estate
Philip M. Kleinsmith
Kleinsmith & Associates, P.C.
6035 Erin Park Drive, Suite 203
Colorado Springs, CO 80918
Phone: (719) 593-1970
Fax: (719) 593-2193
Email: klein@frii.com
Bar #: 1063
Case Number 08CV43
Summons
TO EACH DEFENDANT NAMED ABOVE:
A lawsuit has been started against you in the above entitled court by the above named Plaintiff or Plaintiffs. Plaintiff’s claims are stated in a written Complaint and Petition for Money Judgment for HOA Assessments and Foreclosure Thereof (Complaint), a copy of which is served upon you with this Summons, if service hereof is by a method of personal service. If service hereof is by publication, a copy of the Complaint is available from the Court Clerk and/or the Plaintiff’s attorney whose addresses and phone numbers are indicated above.
In order to defend against this lawsuit, you must respond to the Complaint by stating your defense(s) in writing and by filing same with the Clerk of the Court (by mail, if you wish) and mailing a copy to the Plaintiff’s attorney. Your written response must in certain instances state any related claim(s) which you may have against any other party hereto or you may be barred from making such claim(s) in any other lawsuit. If you do not respond in writing, a default judgment may be entered against you without notice. A default judgment is one where the Plaintiff may be entitled to what they ask for because you have not responded.
Your written response must be filed (by mail, if you wish) with the Clerk of the Court and mailed to Plaintiff’s attorney within thirty (30) days after the date you are personally served with this Summons by a method of personal service or within thirty (30) days of the last publication of this Summons, if it is published. If you wish to seek the advice of an attorney, you should do so promptly so that your written response, if any, may be served on time.
This lawsuit requests a money judgment, the foreclosure of a Homeowners Assessment Lien against and quieting title to the following Real Estate and all improvements thereto:
Real Estate:
Common Description: Unit Week Number 18, Condominium Unit Number 7514, Building Number 04, in Phase II of Village Pointe Condominiums, Archuleta County, Colorado.
Legal Description: Unit Week Number 18, Condominium Unit Number 7514, Building Number 04, in Phase II of Village Pointe Condominiums, according to and as located on the recorded map recorded under Reception No. 171189 and the Declaration of Condominium and Interval Ownership of Village Pointe Condominiums recorded under Reception No. 160495, and amendments and supplements thereto, in the Office of the County Clerk, Archuleta County, Colorado.
In this lawsuit, the Plaintiff alleges that the following Defendants have personal liability on the subject Mortgage or Deed of Trust and Note and the requested money judgment: William K. Varnadore and Mauryne Varnadore.
Dated: February 28, 2008.
Kleinsmith & Associates, P.C.
Attorney for Plaintiff
by Philip M. Kleinsmith, #1063
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
REASONABLE ACCOMMODATIONS WILL BE PROVIDED IN ACCORD WITH THE AMERICANS WITH DISABILITIES ACT.
Published April 17, 24, May 1, 8 and 15, 2008 in The Pagosa Springs SUN.
___________
COMBINED NOTICE OF SALE AND
NOTICE OF RIGHTS TO CURE OR REDEEM
No. 24-2008
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
Original Grantor of Deed of Trust (Borrower) John J. Monjazi, a Married Man or Woman
Original Beneficiary of Deed of Trust National Recreational Properties of Pagosa Springs, LLC, a Colorado Limited Liability Company
Current owner of the evidence of debt secured by the Deed of Trust National Recreational Properties of Pagosa Springs, LLC
Date of Deed of Trust July 30, 2005
Recording Date of Deed of Trust August 9, 2005
County of Recording ARCHULETA
Recording Information of Deed of Trust Reception No. 20508235
Original Principal Amount of Evidence of Debt $47,996.00
Outstanding Principal Amount of Evidence of Debt $44,774.60
THE LIEN OF THE DEED OF TRUST TO BE FORECLOSED MAY NOT BE A FIRST LIEN.
You are hereby notified that the undersigned as legal owner of an evidence of debt, which is secured by the Deed of Trust described above, declares a violation of the covenants of said Deed of Trust for reasons including, but not limited to, the fai |