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Pubic Notices 1/23/14

COMBINED NOTICE – PUBLICATION

CRS §38-38-103 FORECLOSURE 

SALE NO. 2013-058

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

On November 21, 2013, 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) NICHELAS J OLSON

Original Beneficiary(ies) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR LENDER, TAYLOR, BEAN & WHITAKER MORTGAGE CORP.

Current Holder of Evidence of Debt Christiana Trust, a division of Wilmington Savings Fund Society, FSB, not in its individual capacity, but solely as owner trustee on behalf of RBSHD 2013-1 Trust

Date of Deed of Trust November 15, 2007

County of Recording Archuleta

Recording Date of Deed of Trust November 26, 2007

Recording Information (Reception Number) 20710855

Original Principal Amount $115,710.00

Outstanding Principal Balance $113,490.51

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

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

The property to be foreclosed is:

LOT 260, PAGOSA VISTA, ACCORDING TO THE PLAT FILED SEPTEMBER 13, 1971, AS RECEPTION NO. 74884, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.

Also known by street and number as: 446 LAKE STREET, PAGOSA SPRINGS, CO 81147.

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

NOTICE OF SALE

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

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 03/20/2014, at 449 San Juan St, Pagosa Springs, CO 81147, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication 1/23/2014

Last Publication 2/20/2014

Name of Publication Pagosa Springs Sun

• IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED;

DATE: 11/21/2013

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:

Medved Dale Decker & Deere, LLC 355 Union Blvd, Suite 250, 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 # 13-939-25565

©Public Trustees’ Association of Colorado Revised 9/2012

Published January 23, 30, February 6, 13 and 20, 2014 in The Pagosa Springs SUN.

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DISTRICT COURT, ARCHULETA COUNTY, STATE OF COLORADO

CIVIL ACTION NO. 2013CV030059 DIVISION NO. 1

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

Plaintiff, PAGOSA LAKES PROPERTY OWNERS ASSOCIATION, a Colorado nonprofit corporation,

v.

Defendants, JAMES E. CUNDIFF, et al.

Regarding: Lot 31, Pagosa Vista, a subdivision of Archuleta County, Colorado, according to the recorded plat thereof recorded September 13, 1971 as Reception No. 74884

Also known as: 9 Ray Court, Pagosa Springs, CO

TO THE ABOVE NAMED DEFENDANTS, Please take notice:

You and each of you are hereby notified that a Sheriff’s Sale of the referenced property is to be conducted by the Civil Division of the Sheriff’s Office of Archuleta County, Colorado at Wednesday, 10:00 a.m. on the 16th day of April 2014, at 449 San Juan St., Pagosa Springs, CO 81147; phone number 970-264-5932. At which sale, the above described real property and improvements thereon will be sold to the highest bider. Plaintiff makes no warranty relating to title, possession, or quiet enjoyment in and to said real property in connection with this sale.

**BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS SUFFICIENT TO COVER THEIR HIGHEST BID AT TIME OF SALE.**

Further, for the purpose of paying off, curing default or redemption, as provided by statute, intent must be directed to or conducted at the above address of the Civil Division of the Sheriff’s Department of Archuleta County, Colorado.

PLEASE NOTE THAT THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN ON THE SUBJECT PROPERTY.

First Publication: January 23rd, 2014

Last Publication: February 20, 2014

Published In: Pagosa Springs Sun

NOTICE OF RIGHT TO CURE AND RIGHT TO REDEEM

Re: Sheriff’s Sale of Real Property pursuant to Order and Decree of Foreclosure and  C.R.S. 38-38-101 et seq.

This is to advise you that a Sheriff sale proceeding has been commenced through the office of the undersigned Sheriff pursuant to a Court Order and Decree dated December 4, 2013, and C.R.S. 38-38-101 et seq., by Pagosa Lakes Property Owners Association, the current holder of a lien recorded on September 9, 2009 at Rec. No. 20906942, in the records of the Clerk and Recorder of the County of Archuleta, State of Colorado. The judicial foreclosure is based on a default under the Declaration of Covenants, Conditions, and Restrictions of Pagosa Lakes Property Owners Association, recorded on June 24, 1970 at Reception No. 73297 in the records of the Clerk and Recorder of the County of Archuleta, State of Colorado. The Declaration and notices, as recorded, establish a lien for the benefit of PAGOSA LAKES PROPERTY OWNERS ASSOCIATION, WHICH LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN ON THE SUBJECT PROPERTY AND IMPROVEMENTS.

You may have an interest in the real property being affected, or have certain rights or suffer certain liabilities or loss of your interest in the subject property as a result of said foreclosure. You may have the right to redeem the real property or you may have the right to cure a default under the instrument being foreclosed. Any Notice of Intent to Cure must be filed no later than fifteen (15) calendar days prior to the date of the foreclosure sale. A notice of intent to cure filed pursuant to section 38-38-104 shall be filed with the officer at least fifteen (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 filed pursuant to section 38-38-302 shall be filed with the officer no later than eight (8) business days after the sale. In this regard, you may desire and are advised to consult with your own private attorney.

Further, you are advised that the parties liable thereon, the owner of the property described above, or those with an interest in the subject property, may take appropriate and timely action under Colorado statutes, certain sections of which are attached hereto.

In order to be entitled to take advantage of any rights provided for under Colorado law, you must strictly comply and adhere to the provisions of the law. Further, you are advised that the attached Colorado statutes merely set forth the applicable portions of Colorado statutory law relating to curative and redemption rights; therefore, you should read and review all the applicable statutes and laws  in order to determine the requisite procedures and provisions which control your rights in the subject property.

DATED at Pagosa Springs, Colorado this 13th day of January, 2014.

Sheriff of Archuleta County, Colorado

By: /s/ Peter L. Gonzalez

Sheriff

ATTORNEY FOR THE PLAINTIFF:

ORTEN CAVANAGH & HOLMES, LLC

1445 Market Street, Suite 350

Denver, CO 80202

Published January 23, 30, February 6, 13 and 20 in The Pagosa Springs SUN.

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NOTICE TO CREDITORS

Estate of Claude E. Arnold, Deceased

Case No. 13 PR 30040

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 May 30, 2014, or the claims may be forever barred.

Jerry F. Venn

PO Box 246

Pagosa Springs, Colorado 81147

Published January 23, 30 and February 6, 2014 in The Pagosa Springs SUN.

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NOTICE TO CREDITORS

Estate of Marjorie L. Hallett, Deceased

Case No. 13 PR 30038

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 May 30, 2014, or the claims may be forever barred.

Jerry F. Venn

PO Box 246

Pagosa Springs, Colorado 81147

Published January 23, 30 and February 6, 2014 in The Pagosa Springs SUN.

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NOTICE TO CREDITORS

Estate of Tinnie E. Lattin, Deceased

Case No. 14PR30042

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 March 22, 2014, or the claims may be forever barred.

James E. Denvir, Attorney at Law

P.O. Box 1552

Pagosa Springs, Colorado 81147

Published January 23, 30 and February 6, 2014 in The Pagosa Springs SUN.

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NOTICE TO CREDITORS

Estate of Harold G. Roth, Deceased

Case No. 14PR30002

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 March 22, 2014, or the claims may be forever barred.

James E. Denvir, Attorney at Law

P.O. Box 1552

Pagosa Springs, Colorado 81147

Published January 23, 30 and February 6, 2014 in The Pagosa Springs SUN.

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NOTICE OF ACCEPTANCE OF APPLICATIONS TO SERVE AS DIRECTOR OF

SAN JUAN WATER CONSERVANCY DISTRICT

TO WHOM IT MAY CONCERN, and particularly to the property owners within San Juan Water Conservancy District of Archuleta County, Colorado.

NOTICE IS HEREBY GIVEN that on March 21, 2014, the terms of office of three (3) Directors of the San Juan Water Conservancy District shall expire. Applications for appointment to the Board of Directors of the District will be received until February 20, 2014, for such positions.

To be considered, you must have resided within the District for one year, must be the owner of real property within the District in Archuleta County, and must be knowledgeable in water matters. Applications are being received for the positions on an at-large basis that will generally achieve a geographical representation of the District, in accordance with Section 37-45-114, C.R.S.

Resumes setting forth your qualifications to serve should be sent to:

Archuleta County District Court

Archuleta County Courthouse

P.O. Box 148

Pagosa Springs, Colorado 81147

SAN JUAN WATER CONSERVANCY

DISTRICT

By: /s/ Carrie S. Weiss

Secretary

Published in: Pagosa Springs SUN

Published on: January 23, 2014

Published January 23, 2014 in The Pagosa Springs SUN.

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This story was posted on January 23, 2014.