Public Notices 06/14/2018

PLEASE TAKE NOTICE that the Town Council of the Town of Pagosa Springs, Colorado has adopted a Resolution Initiating Annexation Proceedings for Certain Property known as the Pagosa Pines RV Park Annexation, said Annexation being more particularly described as follows: The W1/2NW1/4 of Section 14, also known as GLO Lots II and III, Section 14, Township 35 North, Range 2 West, N.M.P.M. Archuleta County Colorado, encompassing the perimeter of those certain tracts (3) of land described in warranty deed recorded at Reception Number 96005582.
That, on the 19th day of July, 2018, at the hour of 5:00 p.m., or as soon thereafter as the matter may come on for hearing at the Town Council Chambers, Town of Pagosa Springs, 551 Hot Springs Boulevard, Pagosa Springs, Colorado, the Town Council will hold a hearing for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation. At such hearing, any person may appear and present such evidence upon any matter to be determined by the Town Council.
TOWN OF PAGOSA SPRINGS, COLORADO
TOWN COUNCIL
RESOLUTION NO. 2018-17
A RESOLUTION INITIATING ANNEXATION PROCEEDINGS
FOR CERTAIN PROPERTY TO BE KNOWN AS
PAGOSA PINES RV PARK ANNEXATION AND FINDING THE PETITION FOR ANNEXATION NO. 2018-03
TO BE IN SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107, C.R.S.
WHEREAS, a Petition for Annexation No. 2018-03 (“Petition”) has been filed with the Town Clerk of the Town of Pagosa Springs (“Town”) and referred by the Clerk to the Town Council, requesting annexation of certain property to be known as the Pagosa Pines RV Park Annexation (the “Property”); and
WHEREAS, the Petition contains the following:
A. An allegation that it is desirable and necessary that the Property be annexed to the Town;
B. An allegation that the Property meets the requirements of Sections 31-12-104 and 31-12-105, C.R.S., and is eligible for annexation in that:
1. Not less than one sixth (1/6th) of the perimeter of the Property is contiguous with the Town, which contiguity may be established by the annexation of one or more parcels in a series.
2. A community of interest exists between the Property and the Town; the Property is urban or will be urbanized in the near future; and the Property is integrated with or is capable of being integrated with the Town.
3. Without the consent of the landowners, no land included within the Property, which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate:
(a) is divided into separate parts or parcels, unless such tracts or parcels are separated by a dedicated street, road, or other public way; or
(b) comprises 20 acres or more and, together with the buildings and improvements situated thereon, has a valuation for assessment in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the proposed annexation.
4. No annexation proceedings have been commenced for the annexation to another municipality of part or all of the Property.
5. The annexation of the Property will not result in the detachment of area from any school district and the attachment of it to another school district.
6. The annexation of the Property will not have the effect of extending the boundary of the Town more than three miles in any direction from any point of the Town’s boundary in any one year.
7. If a portion of a platted street or alley is to be annexed, the entire width of said street or alley is included within the Property.
8. Reasonable access shall not be denied to landowners, owners of an easement, or the owners of a franchise, adjoining any platted street or alley annexed by the Town but not bounded on both sides by the Town.
C. An allegation that the signers of the Petition comprise landowners of one hundred percent (100%) of the Property, exclusive of streets and alleys and any land owned by the Town;
D. A request that the Town approve annexation of the Property;
E. The signatures of such landowners;
F. The mailing address of each Petition signer;
G. The legal description of the land owned by each Petition signer;
H. The date of signing of each signature, which date is not more than one hundred eighty (180) days prior to the date of filing of the Petition with the Town Clerk;
I. An affidavit of each circulator of the Petition that each signature is the signature of the person whose name it purports to be;
J. Four copies of an annexation map containing a written legal description of the boundaries of the Property; a map showing the boundary of the Property; a showing of the location of each ownership tract of unplatted land, and the boundaries and the plat numbers of plots or lots and blocks of platted land within the Property, and the boundary of the Town and any other municipality contiguous to the Property.
WHEREAS, the Town Council has determined that it is in the best interests of the citizens of the Town to annex said area to the Town; and
WHEREAS, the Town Council desires to initiate annexation proceedings in accordance with law.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PAGOSA SPRINGS, COLORADO, as follows:
(i) The recitals contained above are incorporated as if resolved and set forth in full.
(ii) The Petition and the annexation map are in substantial compliance with the requirements of Section 31-12-107(1), C.R.S, and the provisions of the Municipal Annexation Act.
(iii) The Town Council hereby accepts the Petition and initiates annexation proceedings for the Property, situate in the County of Archuleta, State of Colorado, as described in the Petition, and incorporated herein by this reference.
(iv) The Notice attached hereto and incorporated herein as Exhibit A is adopted as a part of this Resolution. The Notice establishes the date, time and place when a hearing will be held regarding the final passage of an annexation ordinance pertaining to the Property. The Town Clerk is directed to publish a copy of this Resolution and the Notice once a week for four successive weeks in a newspaper of general circulation within the Property, with the first publication at least thirty days prior to the hearing.
(v) A copy of the published Notice, together with a copy of this Resolution and the Petition as filed, shall also be sent by registered mail by the Town Clerk to the Board of County Commissioners, the County Attorney and to any special district or school district having territory within the Property at least twenty-five days prior to the date fixed for such hearing.
(vi) A copy of the published Notice, together with copies of the Letter of Intent provided with the Application, the annexation map, and the concept plan for the development of the Property shall be sent by certified mail by the Town Clerk to the owners of real property within three hundred (300) feet of the boundaries of the Property, irrigation ditch companies whose rights-of-way traverse the Property, and to the mineral estate owners and their lessees of the Property.
(vii) Pursuant to Sec. 21.11.5.6 of the Town of Pagosa Springs Municipal Code, the Petition and annexation map are hereby referred to the Planning Commission for its consideration, review and recommendations at a regular or special meeting to be held prior to the date of the hearing before the Town Council. If zoning of the Property has been requested concurrent with annexation, the Planning Commission shall hold a public hearing on the zoning of the Property at the same meeting. Notice of the public hearing on the zoning of the Property shall be given as provided in the Municipal Code.
Published June 14, 21, 28 and July 5, 2018 in The Pagosa Springs SUN.

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DISTRICT COURT, WATER DIVISION 7,
COLORADO
WATER RESUME
TO: ALL PERSONS INTERESTED IN WATER APPLICATIONS IN SAID WATER DIVISION NO. 7
Pursuant to C.R.S. 37-92-302, you are notified that the following is the resume of all water right applications filed in the Office of the Water Clerk during the month of May, 2018, for Archuleta County.
18CW7 TJ & Stacey Fitzwater, 256 CR 339, Pagosa Springs, CO 81147: Last Resort Ditch; Blanco River; Archuleta County; Easting 328149, Northing 4112985; NW1/4NE1/4, Section 34, T34N, R1W, NMPM; 614 feet from North, 1378 feet from East; Blanco River; Date of appropriation, 5/21/18; Appropriation was initiated by receiving 404 Permit from core of engineer & cut ditch; Date water applied to beneficial use, started filling irrigation pond; Absolute 0.5 cfs; Irrigation, stock, fire protection; Number of acres historically irrigated, 8.5. Application for Absolute Water Rights (Surface) (7 pages)
THE WATER RIGHTS CLAIMED BY THE FOREGOING APPLICATION(S) MAY AFFECT IN PRIORITY ANY WATER RIGHTS CLAIMED OR HERETOFORE ADJUDICATED WITHIN THIS DIVISION AND OWNERS OF AFFECTED RIGHTS MUST APPEAR TO OBJECT AND PROTEST WITHIN THE TIME PROVIDED BY STATUTE, OR BE FOREVER BARRED.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE until the last day of July, 2018, to file with the Water Clerk, a verified Statement of Opposition, setting forth facts as to why a certain application should not be granted or why it should be granted only in part or on certain conditions. A copy of such Statement of Opposition must also be served upon the applicant or the applicant’s attorney and an affidavit or certificate of such service shall be filed with the Water Clerk, as prescribed by Rule 5, CRCP. (Filing fee: $158.00; Forms are available through the Office of the Water Clerk or on the Judicial web site at www.courts.state.co.us; Danene M. Etz, Water Court Specialist, 1060 E. 2nd Ave., Room 106, Durango, CO 81301; 970-385-6181)
Published: before June 30, 2018 /s/Danene M. Etz
Danene M. Etz, Water Court Specialist
Published June 14, 2018 in The Pagosa Springs SUN.

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NOTICE OF OPEN MEETING FOR
HEARING ON PETITION
FOR INCLUSION OF ADDITIONAL
REAL PROPERTY
WITHIN THE PAGOSA AREA WATER
AND SANITATION DISTRICT
NOTICE IS HEREBY GIVEN to all interested persons that a Petition For Inclusion of additional real property has been filed with the Board of Directors of the Pagosa Area Water and Sanitation District. The Board of Directors has fixed the day of Thursday, June 21, 2018, at the hour of 5:30 p.m., at 100 Lyn Ave, Pagosa Springs, Colorado, as the date, time and place of an open meeting at which such Petition shall be heard.
The name and address of the Petitioner and a general description of the property to be included into the District are as follows:
PETITIONER:
David Allen Black
127 Butte Drive
Pagosa Springs, CO 81147
PROPERTY:
Lot 54, Martinez Mountain Estates, Archuleta County, Colorado, with a street address of 108 Saddlehorn Place, Pagosa Springs
Also known as Parcel # 558336312055
All interested parties may appear at such hearing to show cause in writing why such Petition should not be granted.
BY ORDER OF THE BOARD OF DIRECTORS OF THE PAGOSA AREA WATER AND SANITATION DISTRICT.
PAGOSA AREA WATER
AND SANITATION DISTRICT
By: /S/ Jim Smith
Chairman: Jim Smith
Published in: The Pagosa Sun
Published on: June 14, 2018
Published June 14, 2018 in The Pagosa Springs SUN.

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All Purpose Storage
193 A RobSnow Rd Pagosa Springs, CO
970-264-6376
Auction; Saturday-June 30th, 2018 at 12pm
Must sign in at office before Auction
Only Accepting Cash Payment for Auctioned Units.
Trey WhiteCotton, C-70, 1135 Park Ave. PS, CO, Outdoor gear & tools.
Tawana Reid, A-05, 110 Cooke Street Paige, TX, House hold items.
Bill Wood Jr, C100, 20Pauline Adamsville, TN, Tools and house hold items.
Stephen Vanhorn, C-94 160 Pinon CSWY 3050 PS, CO, House hold items.
Leanne Maestas, A-19, Box 2036 PS, CO stuffed with home goods.
Eugene, Peshlakai,C102, Box 2786 PS, CO House hold items.
Tenants have 15 days to pay in full before Units go to auction on 30th.
Published June 14 and 21, 2018 in The Pagosa Springs SUN.

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Notice of Bank Merger Act Application
Notice is hereby given that TBK Bank, SSB, located at 12700 Park Central Drive, Suite 1700, Dallas, Texas 75251, has made application to the Federal Deposit Insurance Corporation for its prior approval to acquire the following affiliated institutions all by merger: (1) The First National Bank of Durango, a national bank located at 259 West 9th Street, Durango, La Plata County, Colorado 81302; (2) Bank of New Mexico, a state bank located at 824 West Santa Fe Avenue, Grants, Cibola County, New Mexico 87020; and (3) Citizens Bank of Pagosa Springs, a state bank located at 703 San Juan Street, Pagosa Springs, Archuleta County, Colorado 81147. It is contemplated that the branch locations of each of these banks will continue to be operated as branches of TBK Bank, SSB on consummation of the transaction.
This notice is published pursuant to Section 18(c) of the Federal Deposit Insurance Act, 12 U.S.C.§ 1828(c), and section 303.65 of the regulations of the Federal Deposit Insurance Corporation. 12 CFR 303.65. Any person wishing to comment on this application may file his or her comments in writing with the regional director of the Federal Deposit Insurance Corporation at the Dallas Regional Office located at 1601 Bryan Street, 38th Floor, Dallas, Texas 75201, not later than June 25, 2018. The nonconfidential portions of the application are on file at the appropriate FDIC office and are available for public inspection during regular business hours. Photocopies of the nonconfidential portion of the application file will be made available upon request.
Published May 24 and June 14 and 21, 2018 in The Pagosa Springs SUN.

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The Archuleta County Housing Authority will submit an application to the Colorado Division of Housing (DOH). The purpose of this application is to request $100,000 to rehabilitate 16 units of rental or homes for purchase at 503 South 8th Street, Pagosa Springs, CO 81147. The request of funding from DOH is to benefit persons with low and moderate incomes by increasing the availability of affordable housing in Pagosa Springs. It is not the intent to cause displacement from any existing housing; however, if persons are displaced from their existing residences reasonable housing alternatives shall be offered.
All interested persons are encouraged to contact the applicant for further information. Written comments should be sent to P.O. Box 1463, Pagosa Springs, CO 81147or johnegan48@gmail.com and will be forwarded to DOH for consideration during the application process.
Members of the public may request a public meeting and should arrange a request with the Applicant. Applicant shall post notice of meeting (Date, Time, and Location) to ensure other members of the public are aware of meeting. If reasonable accommodations are needed for persons attending the public meeting, please contact the Applicant.
The Archuleta County Housing Authority plans to submit a Community Development Block Grant (CDBG) application to the State of Colorado, Department of Local Affairs. CDBG funds are intended to provide decent housing, suitable living environments and economic opportunities, principally for low and moderate-income persons through rehabilitation and preservation, economic/job development and public facilities improvements.
The application being considered would request $100,000 to rehabilitate the 16 existing units on the Casa de los Arcos property. It is estimated that approximately 100% of the funds would benefit low and moderate-income persons. Permanent involuntary displacement of neighborhood persons or businesses is not anticipated. Should it later become necessary to consider such displacement, alternatives will be examined to minimize the displacement. If no feasible alternatives exist, required/reasonable benefits will be provided to those displaced to mitigate adverse effects and hardships. Any low and moderate income housing which is demolished or converted will be replaced. In compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during these hearings should notify Sara Ward or Anissa Lucero at 503 South 8th Street, Pagosa Springs, CO 81147 a minimum of 3 days in advance so that appropriate aids can be made available.
A public hearing will be held at 10:00 AM on Wednesday, June 20, 2018 at the Casa de los Arcos Clubhouse, 503 South 8th Street, Pagosa Springs, CO 81147 to obtain citizen views and to respond to proposals and questions related to:
• The proposed CDBG application for this project; and
• Community development and housing needs, including the needs or low and moderate income persons, as well as other needs in the community that might be addressed through the CDBG program; and
• The performance of the Archuleta County Housing Authority in carrying out its community development responsibilities.
• Potential historical effects.
A copy of the application(s) as submitted to the State will be available for public review at 503 South 8th Street, Pagosa Springs, CO 81147.
Written comments are also welcome and must be received by June 20, 2018 at 503 South 8th Street, Pagosa Springs, CO 81147 or johnegan48@gmail.com.
Oral and written comments will be considered in deciding whether to submit an application for the proposed project.
Written summary information will be available at 503 South 8th Street, Pagosa Springs, CO 81147 on June 20, 2018 until June 30, 2018 on any CDBG application(s) the Archuleta County Housing Authority intends to submit to the State.
Information and records regarding the Archuleta County Housing Authority proposed and past use of CDBG funds are available at 503 South 8th Street, Pagosa Springs, CO 81147 during regular office hours.
NOTE 1: THIS NOTICE MUST BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE AREA AT LEAST FIVE (5) DAYS PRIOR TO THE PUBLIC HEARING. It should also be posted in the city/town hall or county courthouse and in other places frequented by the public, ESPECIALLY LOW AND MODERATE INCOME PERSONS BENEFITING FROM OR AFFECTED BY PROPOSED CDBG ACTIVITIES.
NOTE 2: EACH MUNICIPALITY AND COUNTY PARTICIPATING DIRECTLY IN A MULTI-JURISDICTIONAL PROJECT IS REQUIRED TO CONDUCT A PRE-APPLICATION PUBLIC HEARING AND TO PROVIDE PUBLIC NOTICES. AS APPROPRIATE, THE NOTICES MAY BE COMBINED AND THE HEARINGS MAY BE HELD JOINTLY.
* For projects with more than one activity, provide estimated amount for each activity and estimated percentages by which each activity will benefit low and moderate income persons.
** For multi-jurisdictional applications, written summary information and a copy of the application must be available for public review in each participating jurisdiction, as required by HUD.
Published June 14, 2018 in The Pagosa Springs SUN.

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The Archuleta County Housing Authority will submit an application to the Colorado Division of Housing (DOH). The purpose of this application is to request $750,000 to build 8 new units of rental or homes for purchase at 503 South 8th Street, Pagosa Springs, CO 81147. The request of funding from DOH is to benefit persons with low and moderate incomes by increasing the availability of affordable housing in Pagosa Springs. It is not the intent to cause displacement from any existing housing; however, if persons are displaced from their existing residences reasonable housing alternatives shall be offered.
All interested persons are encouraged to contact the applicant for further information. Written comments should be sent to P.O. Box 1463, Pagosa Springs, CO 81147or johnegan48@gmail.com and will be forwarded to DOH for consideration during the application process.
Members of the public may request a public meeting and should arrange a request with the Applicant. Applicant shall post notice of meeting (Date, Time, and Location) to ensure other members of the public are aware of meeting. If reasonable accommodations are needed for persons attending the public meeting, please contact the Applicant.
The Archuleta County Housing Authority plans to submit a Community Development Block Grant (CDBG) application to the State of Colorado, Department of Local Affairs. CDBG funds are intended to provide decent housing, suitable living environments and economic opportunities, principally for low and moderate-income persons through rehabilitation and preservation, economic/job development and public facilities improvements.
The application being considered would request $750,000 for 8 new units on the existing Casa de los Arcos property. It is estimated that approximately 100% of the funds would benefit low and moderate-income persons. Permanent involuntary displacement of neighborhood persons or businesses is not anticipated. Should it later become necessary to consider such displacement, alternatives will be examined to minimize the displacement. If no feasible alternatives exist, required/reasonable benefits will be provided to those displaced to mitigate adverse effects and hardships. Any low and moderate income housing which is demolished or converted will be replaced. In compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and services) during these hearings should notify Sara Ward or Anissa Lucero at 503 South 8th Street, Pagosa Springs, CO 81147 a minimum of 3 days in advance so that appropriate aids can be made available.
A public hearing will be held at 10:00 AM on Wednesday, June 20, 2018 at the Casa de los Arcos Clubhouse, 503 South 8th Street, Pagosa Springs, CO 81147 to obtain citizen views and to respond to proposals and questions related to:
• The proposed CDBG application for this project; and
• Community development and housing needs, including the needs or low and moderate income persons, as well as other needs in the community that might be addressed through the CDBG program; and
• The performance of the Archuleta County Housing Authority in carrying out its community development responsibilities.
• Potential historical effects.
A copy of the application(s) as submitted to the State will be available for public review at 503 South 8th Street, Pagosa Springs, CO 81147.
Written comments are also welcome and must be received by June 20, 2018 at 503 South 8th Street, Pagosa Springs, CO 81147 or johnegan48@gmail.com.
Oral and written comments will be considered in deciding whether to submit an application for the proposed project.
Written summary information will be available at 503 South 8th Street, Pagosa Springs, CO 81147 on June 20, 2018 until June 30, 2018 on any CDBG application(s) the Archuleta County Housing Authority intends to submit to the State.
Information and records regarding the Archuleta County Housing Authority proposed and past use of CDBG funds are available at 503 South 8th Street, Pagosa Springs, CO 81147 during regular office hours.
NOTE 1: THIS NOTICE MUST BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE AREA AT LEAST FIVE (5) DAYS PRIOR TO THE PUBLIC HEARING. It should also be posted in the city/town hall or county courthouse and in other places frequented by the public, ESPECIALLY LOW AND MODERATE INCOME PERSONS BENEFITING FROM OR AFFECTED BY PROPOSED CDBG ACTIVITIES.
NOTE 2: EACH MUNICIPALITY AND COUNTY PARTICIPATING DIRECTLY IN A MULTI-JURISDICTIONAL PROJECT IS REQUIRED TO CONDUCT A PRE-APPLICATION PUBLIC HEARING AND TO PROVIDE PUBLIC NOTICES. AS APPROPRIATE, THE NOTICES MAY BE COMBINED AND THE HEARINGS MAY BE HELD JOINTLY.
* For projects with more than one activity, provide estimated amount for each activity and estimated percentages by which each activity will benefit low and moderate income persons.
** For multi-jurisdictional applications, written summary information and a copy of the application must be available for public review in each participating jurisdiction, as required by HUD.
Published June 14, 2018 in The Pagosa Springs SUN.

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COMBINED NOTICE – PUBLICATION
CRS §38-38-103 FORECLOSURE
SALE NO. 2018-007
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On April 12, 2018, 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) Walter J. Hovatter
Original Beneficiary(ies) Scott and Linda Brynildson
Current Holder of Evidence of Debt Scott and Linda Brynildson
Date of Deed of Trust November 13, 2015
County of Recording Archuleta
Recording Date of Deed of Trust November 13, 2015
Recording Information (Reception No. and/or Book/Page No.) 21508406
Original Principal Amount $650,000.00
Outstanding Principal Balance $820,248.59
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.
A tract of land lying and being in the SE1/4SE1/4 of Section 7, Township 35 North, Range 1 West, N.M.P.M., and being more particularly described as follows:
BEGINNING at a point on the South boundary line of the said SE1/4SE1/4 of Section 7, whence the Southeast corner of said Section 7 bears South 89° 55’ East, 464.94 feet;
Thence running from said point of beginning North 26° 29’ 00” East, 233.35 feet;
Thence running North 18° 40’ East, 177.30 feet;
Thence running North 20° 40’ West, 215.50 feet;
Thence running South 73° 50’ West, 336.89 feet to a point on the East bank of the San Juan River;
Thence South 51° 53’ West, 783.26 feet to the Southwest corner of said SE1/4SE1/4 of Section 7;
Thence along said South boundary line of the SE1/4SE1/4 of Section 7, South 89° 55’ East, 855.06 feet to the point of beginning.
TOGETHER WITH the non-exclusive right of ingress and egress over, through and across the roadway as now constructed, from U.S. Highway No. 160 to said tract, adjoining said tract on the East side, more particularly described as follows: over, through and across a portion of the SE1/4SE1/4 of Section 7, Township 35 North, Range 1 West, N.M.P.M., said easement to be 20 feet in width, lying and being 10 feet on each side of the following described centerline:
BEGINNING at a point on the South boundary line of the said SE1/4SE1/4, whence the Southeast corner of said Section 7 bears South 89° 55’ 00” East, 428.52 feet;
Thence running from said point of beginning along said centerline North 37° 12’ 00” East, 20.94 feet;
Thence running North 19° 07’ East, 138.67 feet;
Thence running North 08° 14’ West, 32.98 feet, more or less, to the East boundary line of the above described tract.
ALSO a non-exclusive right-of-way and easement for roadway purposes over, through and across a portion of the NE1/4NE1/4 of Section 18, Township 35 North, Range 1 West, N.M.P.M., said easement being more particularly described as follows:
BEGINNING at a point on the North boundary line of said Section 18 whence the Northeast corner of said Section 18 bears South 89° 55’ 00” East, 403.99 feet;
Thence running from said point of beginning along said North boundary line of Section 18, North 89° 55’ 00” West, 63.39 feet;
Thence running South 41° 14’ West, 103.54 feet;
Thence running South 66° 05’ East, 50.00 feet to the Northwest right-of-way line of U.S. Highway 160;
Thence running along said Northwest right-of-way line of U.S. Highway 160, North 41° 14’ East, 130.38 feet to the point of beginning.
LESS AND EXCEPT that portion of the above described property conveyed in deeds recorded September 26, 1994 as Reception No. 1994007125 and March 15, 2004 as Reception No. 20402515, all in the office of the Clerk and Recorder, Archuleta County, Colorado.
LESS AND EXCEPT that certain strip of land, 10 feet in width, heretofore conveyed to the Town of Pagosa Springs, recorded October 24, 1950 in Book 89 at Page 39.
Together with any water and water rights, ditch and ditch rights, wells and groundwater rights, ponds and storage rights, springs and spring rights, and related easements and infrastructure appurtenant to or adjudicated to the Property, including but not limited to: 2 cfs absolute in Joe Hersch Ditch #1, decreed in Civil Action No. 73-308D; any and all water rights Grantor owns in Joe Hersch Reservoir, decreed in Civil Action No. 73-308D’ 0.5 cfs absolute in the Shive Springs, decreed in Case No. W-1203-74; the well(s) on the Property and Well Permit No. 46424.
Also known by street and number as: 1838 E US Hwy 160, 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, 08/09/2018, at the Archuleta County Treasurer’s Office 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 6/14/2018
Last Publication 7/12/2018
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;
©Public Trustees’ Association of Colorado Revised 1/2015
IF THE BORROWER BELIEVES THAT A LENDER OR SERVICER HAS VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN SECTION 38-38-103.1 OR THE PROHIBITION ON DUAL TRACKING IN SECTION 38-38-103.2, THE BORROWER MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL, THE FEDERAL CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), OR BOTH. THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS.
Colorado Attorney General
1300 Broadway, 10th Floor
Denver, Colorado 80203
(800) 222-4444
www.coloradoattorneygeneral.gov
Federal Consumer Financial Protection Bureau
P.O. Box 4503
Iowa City, Iowa 52244
(855) 411-2372
www.consumerfinance.gov
DATE: 04/12/2018
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:
Paul Kosnik #38663
Eggleston Kosnik, LLC 556 Main Ave., Durango, CO 81301 (970) 403-1580
Attorney File # HOVATTER
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.
©Public Trustees’ Association of Colorado Revised 1/2015
Published June 14, 21, 28, July 5 and 12, 2018 in The Pagosa Springs SUN.

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This story was posted on June 14, 2018.