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Public Notices 07/13/2017

NOTICE OF DEFAULT AND FORECLOSURE SALE

WHEREAS, on December 18, 2009 a certain Deed of Trust was executed Wilene Shumway, as Grantor, in favor of Wells Fargo Bank, N.A., as Beneficiary, and the Public Trustee of Archuleta County, Colorado as Trustee, and was recorded on December 23, 2009, at Reception Number 20910250 in the office of the Clerk and Recorder of the County of Archuleta, Colorado; and

WHEREAS, the Deed of Trust was insured by the United States Secretary of Housing and Urban Development (the Secretary) pursuant to the National Housing Act for the purpose of providing single family housing; and

WHEREAS, the beneficial interest of the Deed of Trust is now owned by the Secretary, pursuant to an assignment recorded on August 3, 2015 at Reception Number 21505270 in the office of the Clerk and Recorder of the County of Archuleta, Colorado.

WHEREAS, a default has been made in the covenants and conditions of the Deed of Trust in that Paragraph 9 (a) (i) has been violated; and

WHEREAS, the entire amount delinquent is $367,543.63 as of June 6, 2017; and

WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Deed of Trust to be immediately due and payable;

NOW THEREFORE, pursuant to the powers vested in me by the Single Family Mortgage Foreclosure Act of 1994, 12 U.S.C. 3751 et seq., by 24 CFR part 27, subpart B, and by the Secretary’s designation of me as Foreclosure Commissioner, recorded on June 7, 2017 at Reception No. 21703354 notice is hereby given that on August 14, 2017 at 3:00 p.m. local time, all real and personal property at or used in connection with the following described premises (“Property”) will be sold at public auction to the highest bidder:

LOT 11X, BEING A CONSOLIDATION OF LOTS 10, 11 AND 12, BLOCK 4 IN PIEDRA PARK SUBDIVISION NO. 2A, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD JANUARY 23, 1961 AS RECEPTION NO. 60166 AND PURSUANT TO A RESOLUTION APPROVING THE CONSOLIDATION OF CERTAIN LOTS IN ARCHULETA COUNTY, COLORADO RECORDED JULY 13, 2005 AS RECEPTION NO. 20506966 AND CORRECTION RESOLUTIONS RECORDED NOVEMBER 1, 2005 AS RECEPTION NO. 20511675 AND NOVEMBER 14, 2005 AS RECEPTION NO. 20512179.

Commonly known as: 403 Run Around Road, Arboles, CO 81121

The sale will be held at 403 Run Around Road, Arboles, CO 81121

The Secretary of Housing and Urban Development will bid the lesser amount of the loan balance or the appraised value obtained by the Secretary prior to sale.

There will be no proration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before closing, his prorated share of any real estate taxes that have been paid by the Secretary to the date of the foreclosure sale.

When making their bids, all bidders except the Secretary must submit a deposit totaling 10% of the Secretary’s bid in the form of a certified check or cashier’s check made out to the Secretary of HUD. A deposit need not be accompany each oral bid. If the successful bid is oral, a deposit of 10% of the Secretary’s bid must be presented before the bidding is closed. The deposit is nonrefundable. The remainder of the purchase price must be delivered within 30 days of the sale or at such other time as the Secretary may determine for good cause shown, time being of the essence. This amount, like the bid deposits, must be delivered in the form of a certified or cashier’s check. If the Secretary is the highest bidder, he need not pay the bid amount in cash. The successful bidder will pay all conveying fees, all real estate and other taxes that are due on or after the delivery date of the remainder of the payment and all other costs associated with the transfer of title. At the conclusion of the sale, the deposits of the unsuccessful bidders will be returned to them.

The Secretary may grant an extension of time within which to deliver the remainder of the payment. All extension will be for 15-day increments for a fee of $500.00, paid in advance. The extension fee shall be in the form of certified or cashier’s check made payable to the Secretary of HUD. If the high bidder closes the sale prior to the expiration of any extension period, the unused portion of the extension fee shall be applied toward the amount due.

If the high bidder is unable to close the sale within the required period, or within any extensions of time granted by the Secretary, the high bidder may be required to forfeit the cash deposit, or at the election of the foreclosure commissioner after consultation with the HUD representative, will be liable to HUD for any costs incurred as a result of such failure. The Commissioner may, at the direction of the HUD representative, offer the property to the second highest bidder for an amount equal to the highest price offered by that bidder.

There is no right of redemption, or right of possession based upon a right of redemption, in the mortgagor or others subsequent to a foreclosure completed pursuant to the Act. Therefore, the Foreclosure Commissioner will issue a Deed to the purchaser(s) upon receipt of the entire purchase price in accordance with the terms of the sale as provided herein, HUD does not guarantee that the property will be vacant.

The scheduled foreclosure sale shall be cancelled or adjourned if it is established, by documented written application of the mortgagor to the Foreclosure Commissioner no less than three (3) days before the date of sale, or otherwise, that the default or defaults upon which the foreclosure is based did not exist at the time of service of this notice of default and foreclosure sale, or all amounts due under the mortgage agreement are tendered to the Foreclosure Commissioner, in the form of a certified cashier’s check payable to the Secretary of HUD, before the public auction of the property is completed.

The amount that must be paid if the mortgage is to be reinstated prior to the scheduled sale is $367,543.63 as of June 6, 2017, plus all other amounts that would be due under the mortgage agreement if payments under the deed of trust had not been accelerated, advertising costs and postage expenses incurred in giving notice, mileage by the most reasonable road distance for posting notices and for the Foreclosure Commissioner’s attendance at the sale, reasonable and customary costs incurred for title and lien record searches, the necessary out of pocket costs incurred by the Foreclosure Commissioner, and all other costs incurred in connection with the foreclosure prior to reinstatement.

Tender of payment by certified or cashier’s check or application for cancellation of the foreclosure sale shall be submitted to the address of the Foreclosure Commissioner provided below.

Dated: June 26, 2017

Foreclosure Commissioner

Deanne R. Stodden

1416 Larimer St., Suite 300

Denver, CO 80202

(303) 872-6446

dstodden@stoddenlaw.com

Published July 13, 20 and 27, 2017 in The Pagosa Springs SUN.

__________

District Court, Archuleta County, State of Colorado

Court Address: 449 San Juan Street, P.O. Box 148

Pagosa Springs, CO 81147

Tel. 970.264.2400

Peregrine Townhouses Property

Owner’s Association, Inc.

Plaintiff

v.

Valerie Coplen, et al.

Defendants

Case No.: 2017CV030057

Attorney for Plaintiff:

Christopher B. Conley

Hayes, Johnson & Conley, PLLC

700 South 21st Street

Fort Smith, AR 72901 Tel. 479.242.8814

Email: chris@hjclegal.com Atty. Reg. No.:16PPA0144

AMENDED SUMMONS BY PUBLICATION

TO THE PEOPLE OF THE STATE OF COLORADO

TO THE FOLLOWING DEFENDANT(S):

Caswell B Windham

Edward E Martinez

Weanelle Martinez

Club Select Resorts

Cedric Bradley

Phyllis Bradley

Enoch Bradley

Dean Giles

Brenda Giles

Wesley E White, Trustee of the Wesley E White Revocable Trust Dated 12/16/1997, UTA Dated 12/16/1997

Robert O Barlen

Rodney R Adams

Lora L Adams

Johnny W Lias

Eileen Willis Brown

Travis Killough

Sue E Roper

James Carter

Monique Rochell Carter

Wilma J Walter

Dorothy M Harding

Red Dragon, LLC

Wesley E White

Lena R Johnson

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 35 days after the service of this summons upon you. Service of this summons shall be complete on the day of the last publication. A copy of the complaint may be obtained from the clerk of the court.

If you fail to file your answer or other response to the complaint in writing within 35 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 in rem action of judicial foreclosure on your timeshare interest(s) located at Peregrine Townhouses for failure to pay assessments to Peregrine Townhouses Property Owner’s Association, Inc. (“Association”). The legal description for your real property is below.

Plaintiff Attorney: Christopher B. Conley, Attorney at Law, Reg. No. 16PPA0144, 700 South 21st Street, Fort Smith, AR 72901 and Samuel S. Vigil, Attorney at Law, Reg. No. 40454, 437 6th Street, Las Animas, CO 81054.

Defendant(s) / Legal Descriptions:

Wesley E White, Trustee of the Wesley E White Revocable Trust Dated 12/16/1997, UTA Dated 12/16/1997, Lien No. 21702378 filed in Archuleta County, CO on April 25, 2017 against the following described property, to wit:

A 77,000/17,743,000 undivided fee simple absolute interest in Unit Number(s): 7807-7810 in Building Number(s)4 & 5, as tenants in common with the other undivided interest owners of said building of Peregrine Townhouses Phase II, as depicted on the Plat recorded in Reception Number 173554, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Robert O Barlen, Lien No. 21702379 filed in Archuleta County, CO on April 25, 2017 against the following described property, to wit:

A 146,000/35,486,000 undivided fee simple absolute interest in Unit Number(s): 7817-7820 in Building Number(s)9 & 10, as tenants in common with the other undivided interest owners of said building of Peregrine Townhouses Phase III, as depicted on the Plat recorded in Reception Number 173555, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Club Select Resorts, Lien No. 21702380 filed in Archuleta County, CO on April 25, 2017 against the following described property, to wit:

A 118,000/17,743,000 undivided fee simple absolute interest in Unit Number(s): 7833-7834 in Building Number(s) 17, as tenants in common with the other undivided interest owners of said building of Peregrine Townhouses Phase IV, as depicted on the Plat recorded in Reception Number 98002629, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Rodney R Adams, Trustee of the Adams Living Trust of 1992, Dated 10/24/1992 and Lorna L Adams, Trustee of the Adams Living Trust of 1992, Dated 10/24/1992, Lien No. 21702380 filed in Archuleta County, CO on April 25, 2017 against the following described property, to wit:

A 84,000/17,743,000 undivided fee simple absolute interest in Unit Number(s): 7823-7824 in Building Number(s) 12, as tenants in common with the other undivided interest owners of said building of Peregrine Townhouses Phase IV, as depicted on the Plat recorded in Reception Number 98002629, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Johnny W Lias, Lien No. 21702380 filed in Archuleta County, CO on April 25, 2017 against the following described property, to wit:

A 84,000/17,743,000 undivided fee simple absolute interest in Unit Number(s): 7825-7826 in Building Number(s) 13, as tenants in common with the other undivided interest owners of said building of Peregrine Townhouses Phase IV, as depicted on the Plat recorded in Reception Number 98002629, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Eileen Willis Brown, Lien No. 21702380 filed in Archuleta County, CO on April 25, 2017 against the following described property, to wit:

A 28,000/17,743,000 undivided fee simple absolute interest in Unit Number(s): 7833-7834 in Building Number(s) 17, as tenants in common with the other undivided interest owners of said building of Peregrine Townhouses Phase IV, as depicted on the Plat recorded in Reception Number 98002629, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Travis Killough, Lien No. 21702380 filed in Archuleta County, CO on April 25, 2017 against the following described property, to wit:

A 154,000/17,743,000 undivided fee simple absolute interest in Unit Number(s): 7833-7834 in Building Number(s) 17, as tenants in common with the other undivided interest owners of said building of Peregrine Townhouses Phase IV, as depicted on the Plat recorded in Reception Number 98002629, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Sue E Roper, Lien No. 21702380 filed in Archuleta County, CO on April 25, 2017 against the following described property, to wit:

A 77,000/17,743,000 undivided fee simple absolute interest in Unit Number(s): 7833-7834 in Building Number(s) 17, as tenants in common with the other undivided interest owners of said building of Peregrine Townhouses Phase IV, as depicted on the Plat recorded in Reception Number 98002629, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Dean Giles and Branda Giles, Lien No. 21702381 filed in Archuleta County, CO on April 25, 2017 against the following described property, to wit:

A 84,000/17,743,000 undivided fee simple absolute interest in Unit Number(s): 7843-7844 in Building Number(s) 22, as tenants in common with the other undivided interest owners of said building of Peregrine Townhouses Phase V, as depicted on the Plat recorded in Reception Number 99006555, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

James Carter and Monique Rochell Carater, Lien No. 21702381 filed in Archuleta County, CO on April 25, 2017 against the following described property, to wit:

A 28,000/17,743,000 undivided fee simple absolute interest in Unit Number(s): 7847-7848 in Building Number(s) 24, as tenants in common with the other undivided interest owners of said building of Peregrine Townhouses Phase V, as depicted on the Plat recorded in Reception Number 99006555, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Wilma J Walter and Dorothy M Harding, Lien No. 21702382 filed in Archuleta County, CO on April 25, 2017 against the following described property, to wit:

A 105,000/17,743,000 undivided fee simple absolute interest in Unit Number(s): 7851-7852 in Building Number(s) 26, as tenants in common with the other undivided interest owners of said building of Peregrine Townhouses Phase VI, as depicted on the Plat recorded in Reception Number 99011974, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Red Dragon, LLC, Lien No. 21702382 filed in Archuleta County, CO on April 25, 2017 against the following described property, to wit:

A 126,000/17,743,000 undivided fee simple absolute interest in Unit Number(s): 7851-7852 in Building Number(s) 26, as tenants in common with the other undivided interest owners of said building of Peregrine Townhouses Phase VI, as depicted on the Plat recorded in Reception Number 99011974, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Wesley E White, Lien No. 21702382 filed in Archuleta County, CO on April 25, 2017 against the following described property, to wit:

A 77,000/17,743,000 undivided fee simple absolute interest in Unit Number(s): 7853-7854 in Building Number(s) 27, as tenants in common with the other undivided interest owners of said building of Peregrine Townhouses Phase VI, as depicted on the Plat recorded in Reception Number 99011974, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Lena R Johnson, Lien No. 21702382 filed in Archuleta County, CO on April 25, 2017 against the following described property, to wit:

A 154,000/17,743,000 undivided fee simple absolute interest in Unit Number(s): 7859-7860 in Building Number(s) 30, as tenants in common with the other undivided interest owners of said building of Peregrine Townhouses Phase VI, as depicted on the Plat recorded in Reception Number 99011974, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Caswell B Windham, Lien No. 21702383 filed in Archuleta County, CO on April 25, 2017 against the following described property, to wit:

A 217,000/17,743,000 undivided fee simple absolute interest in Unit Number(s): 7871-7872 in Building Number(s) 36, as tenants in common with the other undivided interest owners of said building of Peregrine Townhouses Phase VII, as depicted on the Plat recorded in Reception Number 20005496, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Cedric Bradley, Phyllis Bradley and Enoch Bradley, Lien No. 21702383 filed in Archuleta County, CO on April 25, 2017 against the following described property, to wit:

A 182,000/17,743,000 undivided fee simple absolute interest in Unit Number(s): 7867-7868 in Building Number(s) 34, as tenants in common with the other undivided interest owners of said building of Peregrine Townhouses Phase VII, as depicted on the Plat recorded in Reception Number 20005496, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Edward E Martinez and Weanelle Martinez, Lien No. 21702384 filed in Archuleta County, CO on April 25, 2017 against the following described property, to wit:

A 500,000/17,743,000 undivided fee simple absolute interest in Unit Number(s): 7877-7878 in Building Number(s) 39, as tenants in common with the other undivided interest owners of said building of Peregrine Townhouses Phase VIII, as depicted on the Plat recorded in Reception Number 200010666, all in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

Dated this 3rd day of July, 2017.

Published in the Pagosa Springs Sun

First Publication: July 13, 2017

Last Publication: August 10, 2017

/s/ Christopher B. Conley

Christopher B. Conley

Hayes, Johnson & Conley, PLLC

700 South 21st Street

Fort Smith, AR 72901

Atty. Reg. No.:16PPA0144

Attorney for Plaintiff

AND

/s/ Samuel S. Vigil

Samuel S. Vigil

Law office of Samuel S. Vigil, LLC

437 6th Street

Las Animas, CO 81054

Atty. Reg. No.: 40454

Associated Counsel

Published July13, 20, 27 August 3 and 10, 2017 in The Pagosa Springs SUN.

__________

District Court, Archuleta County, State of Colorado

Court Address: 449 San Juan Street, P.O. Box 148

Pagosa Springs, CO 81147

Tel. 970.264.2400

Ptarmigan Property

Owner’s Association, Inc.

Plaintiff

v.

TIMESHARE ALTERNATIVES, LLC, et al.

Defendants

Case No.: 2017CV030056

Attorney for Plaintiff:

Christopher B. Conley

Hayes, Johnson & Conley, PLLC

700 South 21st Street

Fort Smith, AR 72901

Tel. 479.242.8814

Email: chris@hjclegal.com

Atty. Reg. No.:16PPA0144

AMENDED SUMMONS BY PUBLICATION

TO THE PEOPLE OF THE STATE OF COLORADO

TO THE FOLLOWING DEFENDANT(S): Frank A Maestas

Erlinda Maestas

Terry Jesme

Connie Jesme

William D Cusic

Marian K Cusic

Waed Alturk

Barbara D Farrell

James J Farrell

WTA Services, LLC

Stephi Smaila

Barry Leece

Scott J Adams

Kristen M Adams

Virginia A Simons

Arturo C Alexander

Larry J Terry

Deborah A Terry

Jason L Hemmingway

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 35 days after the service of this summons upon you. Service of this summons shall be complete on the day of the last publication. A copy of the complaint may be obtained from the clerk of the court.

If you fail to file your answer or other response to the complaint in writing within 35 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 in rem action of judicial foreclosure on your timeshare interest(s) located at Ptarmigan Townhouses for failure to pay assessments to Ptarmigan Townhouses Property Owner’s Association, Inc. The legal description for your real property is below.

Plaintiff Attorney: Christopher B. Conley, Attorney at Law, Reg. No. 16PPA0144, 700 South 21st Street, Fort Smith, AR 72901 and Samuel S. Vigil, Attorney at Law, Reg. No. 40454, 437 6th Street, Las Animas, CO 81054.

Defendant(s) / Legal Descriptions:

Frank A Maestas and Erlinda Maestas, Lien No. 21702464 filed in Archuleta County, CO on April 27, 2017, against the following described property, to wit:

Unit 7203, Building 2, Unit Week 24 in that property which is described as Parcel ‘E’-Ptarmigan Townhouses as recorded in Plat Sheet No. 324 & 324A under Reception No. 153256, in the Office of the County Clerk and Recorder for Archuleta County, Colorado.

Terry Jesme and Connie Jesme, Lien No. 21702464 filed in Archuleta County, CO on April 27, 2017, against the following described property, to wit:

Unit 7206, Building 3, Unit Week 38 in that property which is described as Parcel ‘E’-Ptarmigan Townhouses as recorded in Plat Sheet No. 324 & 324A under Reception No. 153256, in the Office of the County Clerk and Recorder for Archuleta County, Colorado.

William D Cusic and Marian K Cusic, Lien No. 21702464 filed in Archuleta County, CO on April 27, 2017, against the following described property, to wit:

Unit 7206, Building 3, Unit Week 51 in that property which is described as Parcel ‘E’-Ptarmigan Townhouses as recorded in Plat Sheet No. 324 & 324A under Reception No. 153256, in the Office of the County Clerk and Recorder for Archuleta County, Colorado.

Waed Alturk, Lien No. 21702465 filed in Archuleta County, CO on April 27, 2007, against the following described property, to wit:

Unit 7215, Building 8, Unit Week 21 in that property on which is located four (4) one-story buildings containing two (2) one-level townhouses units per building which are designated, respectively, as Building No. 5, Units 7209 and 7210; Building No. 6, Units 7211 and 7212; Building No. 7, Units 7213 and 7214; and Building No. 8, Units 7215 and 7216 as per plat recorded on June 7, 1988, in Plat Sheet No. 325 under Reception No. 156199, in the Office of the County Clerk and Recorder for Archuleta County, Colorado.

Barbara D Farrell and James J Farrell, Lien No. 21702465 filed in Archuleta County, CO on April 27, 2007, against the following described property, to wit:

Unit 7213, Building 7, Unit Week 4 in that property on which is located four (4) one-story buildings containing two (2) one-level townhouses units per building which are designated, respectively, as Building No. 5, Units 7209 and 7210; Building No. 6, Units 7211 and 7212; Building No. 7, Units 7213 and 7214; and Building No. 8, Units 7215 and 7216 as per plat recorded on June 7, 1988, in Plat Sheet No. 325 under Reception No. 156199, in the Office of the County Clerk and Recorder for Archuleta County, Colorado.

WTA Services, LLC, Lien No. 21702466 filed in Archuleta County, CO on April 27, 2017, against the following described property, to wit:

Unit 7218, Building 9, Unit Week 33 in that property on which is located three (3)one-story buildings containing two(2)one-level townhouse units per building which are designated, respectively, as Building No. 12, Units 7223 and 7224; Building No. 13, Units 7225 and 7226; and Building No. 14, Units 7227 and 7228 as per plat recorded on November 3, 1988, in Plat Map No. 327 under Reception No. 159241, in the Office of the County Clerk and Recorder for Archuleta County, Colorado.

Stephi Smaila, Lien No. 21702466 filed in Archuleta County, CO on April 27, 2017, against the following described property, to wit:

Unit 7220, Building 10, Unit Week 47 in that property on which is located three (3)one-story buildings containing two(2)one-level townhouse units per building which are designated, respectively, as Building No. 12, Units 7223 and 7224; Building No. 13, Units 7225 and 7226; and Building No. 14, Units 7227 and 7228 as per plat recorded on November 3, 1988, in Plat Map No. 327 under Reception No. 159241, in the Office of the County Clerk and Recorder for Archuleta County, Colorado.

Barry Leece, Lien No. 21702466 filed in Archuleta County, CO on April 27, 2017, against the following described property, to wit:

Unit 7221, Building 11, Unit Week 36 in that property on which is located three (3)one-story buildings containing two(2)one-level townhouse units per building which are designated, respectively, as Building No. 12, Units 7223 and 7224; Building No. 13, Units 7225 and 7226; and Building No. 14, Units 7227 and 7228 as per plat recorded on November 3, 1988, in Plat Map No. 327 under Reception No. 159241, in the Office of the County Clerk and Recorder for Archuleta County, Colorado.

Scott J Adams and Kristen M Adams, Lien No. 21702466 filed in Archuleta County, CO on April 27, 2017, against the following described property, to wit:

Unit 7221, Building 11, Unit Week 51 in that property on which is located three (3)one-story buildings containing two(2)one-level townhouse units per building which are designated, respectively, as Building No. 12, Units 7223 and 7224; Building No. 13, Units 7225 and 7226; and Building No. 14, Units 7227 and 7228 as per plat recorded on November 3, 1988, in Plat Map No. 327 under Reception No. 159241, in the Office of the County Clerk and Recorder for Archuleta County, Colorado.

Arturo C Alexander, Lien No. 21702466 filed in Archuleta County, CO on April 27, 2017, against the following described property, to wit:

Unit 7219, Building 10, Unit Week 26 in that property on which is located three (3)one-story buildings containing two(2)one-level townhouse units per building which are designated, respectively, as Building No. 12, Units 7223 and 7224; Building No. 13, Units 7225 and 7226; and Building No. 14, Units 7227 and 7228 as per plat recorded on November 3, 1988, in Plat Map No. 327 under Reception No. 159241, in the Office of the County Clerk and Recorder for Archuleta County, Colorado.

Larry J Terry and Deborah A Terry, Lien No. 21702466 filed in Archuleta County, CO on April 27, 2017, against the following described property, to wit:

Unit 7220, Building 10, Unit Week 26 in that property on which is located three (3)one-story buildings containing two(2)one-level townhouse units per building which are designated, respectively, as Building No. 12, Units 7223 and 7224; Building No. 13, Units 7225 and 7226; and Building No. 14, Units 7227 and 7228 as per plat recorded on November 3, 1988, in Plat Map No. 327 under Reception No. 159241, in the Office of the County Clerk and Recorder for Archuleta County, Colorado.

Virginia A Simons, Lien No. 21702467 filed in Archuleta County, CO on April 27, 2017, against the following described property, to wit:

Unit 7228, Building 014, Unit Week 32 in that property on which is located three(3)one-story buildings containing two(2)one-level townhouse units per building which are designated, respectively, as Building No. 12, Units 7223 and 7224; Building No. 13, Units 7225 and 7226; and Building No. 14, Units 7227 and 7228 as per plat recorded on November 3, 1988, in Plat Map No. 327 under Reception No. 159241, in the Office of the County Clerk and Recorder for Archuleta County, Colorado,

Jason L Hemmingway, Lien No. 21702468 filed in Archuleta County, CO on April 27, 2017 against the following described property, to wit:

Unit 7230, Building 15 , Unit Week 47 in that parcel of land being a portion of Parcel D, Third Replat of South Village Lake, recorded under Reception No. 139304, Plat Filed 314A-C, in the Office of the County Clerk and Recorder, Archuleta County, Colorado, on which is located one building containing two, one level townhouse units designated, respectively, as Building 15, Units 7229 and 7230 described as Ptarmigan Phase V as recorded in Plat File No. 341, under Reception No. 179510 in the Office of the County Clerk and Recorder for Archuleta County, Colorado.

Dated this 3rd day of July, 2017.

Published in the Pagosa Springs Sun

First Publication: July 13, 2017

Last Publication: August 10, 2017

/s/ Christopher B. Conley

Christopher B. Conley

Hayes, Johnson & Conley, PLLC

700 South 21st Street

Fort Smith, AR 72901

Atty. Reg. No.:16PPA0144

Attorney for Plaintiff

AND

/s/ Samuel S. Vigil

Samuel S. Vigil

Law office of Samuel S. Vigil, LLC

437 6th Street

Las Animas, CO 81054

Atty. Reg. No.: 40454

Associated Counsel

Published July13, 20, 27 August 3 and 10, 2017 in The Pagosa Springs SUN.

__________

COMBINED NOTICE – CORRECTED – PUBLICATION

FORECLOSURE 

SALE NO. 2017-009

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

On May 4, 2017, 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) Leslie R. Hamblen

Original Beneficiary(ies) United States of America acting through the Rural Housing Service or successor agency, United States Department of Agriculture

Current Holder of Evidence of Debt United States of America acting through the Rural Housing Service or successor agency, United States Department of Agriculture

Date of Deed of Trust August 21, 2003

County of Recording Archuleta

Recording Date of Deed of Trust August 26, 2003

Recording Information (Reception No. and/or Book/Page No.) 20308510

Re-Recording Date of Deed of Trust January 20, 2005

Re-Recording Information (Reception No. and/or Book/Page No.) 20500563

Original Principal Amount $79,360.00

Outstanding Principal Balance $74,646.07

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

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

LOT 1, BLOCK 20, LAKE PAGOSA PARK, A SUBDIVISION IN ARCHULETA COUNTY, COLORADO, ACCORDING THE RECORDED PLAT OF SAID SUBDIVISION OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER, COUNTY OF ARCHULETA, STATE OF COLORADO.

Also known by street and number as: 9 Jaunty Court, Pagosa Springs, CO 81147.

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

NOTICE OF SALE

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

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 08/31/2017 the date to which the sale has been continued pursuant to C.R.S. 38-38-103(2)(a), at 449 San Juan St, Pagosa Springs, CO 81147, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

Corrected First Publication 7/13/2017

Corrected Last Publication 8/10/2017

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;

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: 6/21/2017

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:

Hellerstein and Shore PC PO BOX 5637, DENVER, CO 80217 (303) 573-1080

Attorney File # 17-00158SH

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 July13, 20, 27 August 3 and 10, 2017 in The Pagosa Springs SUN.

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PUBLIC NOTICE ARCHULETA COUNTY BOARD OF EQUALIZATION:

The Archuleta County Board of Equalization (CBOE) will sit to review the assessment of all taxable property located in Archuleta County, as prepared by the Archuleta County Assessor, and to hear appeals from determinations of the Assessor beginning July 1 to August 5, 2017. Hearings will be held in the Commissioners Meeting Room located at 398 Lewis Street, Pagosa Springs, Colorado.

Published July 13, 2017 in The Pagosa Springs SUN.

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Request for Proposals: Archuleta County is requesting bids from experienced General Contractors and Roofers to provide all the necessary materials and labor to replace the Courthouse Fire Escape Roof. For more information and specifications, please contact Chris Stacey at cstacey@archuletacounty.org

Published July 13, 2017 in The Pagosa Springs SUN.

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Request for Proposals:   Archuleta County is requesting bids from experienced General Contractors for the reconstruction of the weigh scale building at the Road and Bridge Facility.   For more information and specifications, please contact Chris Stacey at cstacey@archuletacounty.org

Published July 13, 2017 in The Pagosa Springs SUN.

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NOTICE OF PROPOSED BUDGET

Pagosa Peak Open School

Notice is hereby given that on June 28th, 2017 a proposed budget was submitted to the Board of Directors of the Pagosa Peak Open School for the 2017-2018 fiscal year beginning July 1, 2017, and has been posted to the website www.pagosapeakopenschool.org where it is available for public inspection. Such proposed budget will be considered for adoption at a special meeting on July 17th, 12pm at 7 Parelli Way. Any person paying school taxes in Archuleta County may, at any time prior to the final adoption of the budget, file or register his or her objections thereto.

BOARD OF DIRECTORS

Pagosa Peak Open School

James Lewicki, School Director

Published July 13, 2017 in The Pagosa Springs SUN.

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ESTRAY – One black and white appaloosa gelding, no brand, small star.  Livestock must be claimed by legal owner within 10 days or will be sold by Colorado Brand Board. For information call 970-264-5959 or 303-869-9160.

Published July 13, 2017 in The Pagosa Springs SUN.

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REQUEST FOR PROPOSALS

Hinsdale County, Colorado, is issuing Request for Proposals for Communications Site Engineering Services. The development of a new communications site is intended to support basic communications services for the citizens and visitors of the Upper Piedra River Region in the southend of Hinsdale County and neighboring Archuleta County.

Contract Documents are available by request from Hinsdale County via email at administrator@hinsdalecountycolorado.us or by calling 970-944-2225.

Responses to the RFP are due by Monday, July 25th, 2017, at 5:00 p.m. (by email and by hard-copy).

Published July 13, 2017 in The Pagosa Springs SUN.

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INVITATION TO BID

Separate sealed BIDS for the 2017 Asphalt Maintenance Project will be received by Archuleta County, Colorado at the office of Davis Engineering Service, Inc. located at 188 South 8th Street, P.O. Box 1208, Pagosa Springs, Colorado 81147, until 2:00 P.M. local time on August 3, 2017, and then at said office publicly opened and read aloud.

The base project involves typical asphalt maintenance methods on Archuleta County roadways including, and not limited to, Lake Forest Circle, Bastille Drive, North Pagosa Boulevard, South Pagosa Boulevard, and Meadows Drive. The project includes removal of HMA, excavation, sub-grade preparation, sub-grade stabilization, HMA paving of full roadway widths, HMA full depth patching, traffic control and other items typically associated with road construction. The Owner has a set budget with asphalt maintenance locations and quantities to be adjusted for priority roadways.

Copies of the CONTRACT DOCUMENTS and PLANS may be obtained on or after July 24, 2017, at the office of Davis Engineering Service, Inc. located at the address mentioned above, upon payment of $40.00 for each set. No refund will be made for returned copies.

A mandatory pre-bid conference and inspection trip for prospective Bidders will be held at the office of Davis Engineering Service, Inc. (phone number (970) 264-5055), located at the address mentioned above, at 2:00 P.M. local time on July 25, 2017.

Date: July 13, 2017

Published July 13 and 20, 2017 in The Pagosa Springs SUN.

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BOARD OF ADJUSTMENT HEARING ON August 1st 

Jeffrey L. and Laura L. Davis of Port Aransas, TX,  have applied for Variance from the 25’ setback in the Agricultural Estates (AE) zone, for a new home to be built n Lot 27, Hudson’s Rio Blanco Subdivision No. 3, located at 120 Robert’s Place., Pagosa Springs, CO (PLN17-137)..

A public hearing will be held by the Archuleta County Board of Adjustment, on Tuesday, August 1, 2017, at 1:30 p.m. in the County Administration Building, 398 Lewis Street, Pagosa Springs. Public comment will be taken at the meeting, or may be submitted to Archuleta County Development Services-Planning Department, P.O. Box 1507, Pagosa Springs, CO 81147-1507, telephone: (970) 264-1390, Planning@archuletacounty.org.

Published July 13 and 20, 2017 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 June, 2017, for Archuleta County.

17CW3027 (08CW74) District Court, Water Division No. 7, La Plata County, Colorado, 1060 East 2nd Avenue, Durango, Colorado, 81301. APPLICATION TO MAKE ABSOLUTE AND FOR FINDING OF REASONABLE DILIGENCE IN ARCHULETA COUNTY. Please send all correspondence and pleadings to: Douglas M. Sinor and Michael A. Kopp, Trout Raley, 1120 Lincoln Street, Suite 1600, Denver, Colorado 80203, telephone: (303) 861-1963; e mail: dsinor@troutlaw.com; mkopp@troutlaw.com. 1. Name, mailing address, email address and telephone number of applicant: Alpine Cascade Corporation c/o J. R. Ford, P.O. Box 4490, Pagosa Springs, Colorado 81157, telephone: 970-264-5000 E-mail: pagosaland@pagosa.net. 2. Name of structure: Perkins Pit (a.k.a. Pit Park) Gravel Well. 3. Description of conditional water right: A. Date of original decree: October 18, 2002, Case No. 95CW110, District Court, Water Division No. 7. B. Subsequent decrees awarding findings of diligence: Case No. 08CW74, District Court, Water Division 7, June 29, 2011. This decree also declared 70 gpm (0.163 cfs) of this right absolute for evaporation, recreation, and fish and wildlife propagation uses. C. Well Permit: Gravel Well Permit No. 041418-F was issued July 23, 1992. This permit was replaced by Permit No. 60930-F, which granted additional uses. A variance from the minimum standards of the Water Well Construction Rules to allow installation of permanent pumping equipment in the Perkins Pit Gravel Pit ponds was granted by the Board of Examiners of Water Well Construction and Pump Installation Contractors on February 14, 2002. D. Legal Description: The Perkins Pit Gravel Pit Well is located in the SE ¼, Section 23, Township 34 North, Range 2 West, N.M.P.M., Archuleta County, Colorado, in alluvial deposits on the west side of the San Juan River. The Perkins Pit Gravel Pit Well consists of three ponds joined by a channel with a combined surface area of 8.86 acres. The locations of the individual ponds are as follows: (i) North Pond: The centroid of the North Pond is located at a point from whence the Southwest Corner of said Section 23 bears South 55°55’39” West, a distance of 4,087.16 feet. (ii) Middle Pond: The centroid of the Middle Pond is located at a point whence the Southwest Corner of said Section 23 bears South 66°56’39” West, a distance of 3,485.38 feet. (iii) South Pond: The centroid of the South Pond is located at a point whence the Southwest Corner of said Section 23 bears South 74°11’57” West, a distance of 2,994.75 feet. E. Source of water: Alluvial ground water tributary to the San Juan River. F. Date of Appropriation: June 5, 1980. G. Amount: 1,420 gpm (3.163 cfs): (i) 70 gpm (0.163 cfs), absolute, for evaporation, recreation, and fish and wildlife propagation (Case No. 08CW74). (ii) 1350 gpm (3.0 cfs), conditional, for irrigation, stock watering, domestic, fire suppression, and dust control, as well as augmentation and exchange. H. Uses: (i) Evaporation from 8.86 surface acres of exposed ground water. Ground water exposed to the atmosphere in the ponds evaporates at a calculated net evaporation rate of 2.65 acre-feet per acre per year. The maximum exposed surface area of 8.86 acres causes a total calculated net evaporation of 23.57 acre-feet per year. The estimated maximum net evaporation rate will be approximately 70 gpm. (ii) In addition to evaporation, water in the ponds is beneficially used for fish and wildlife propagation and recreation purposes. (iii) Water will also be pumped from the ponds at a maximum estimated rate of 3.0 cfs, or 1,350 gpm, for irrigation, stock watering, domestic, fire suppression, and dust control uses or stored in the ponds for augmentation and exchange. (iv) Legal description of irrigated acreage: 1. Gazebo Park: an irregular parcel of land lying on the west bank of the San Juan River in the NW ¼ of Section 12, Township 34 North, Range 2 West, N.M.P.M., containing 12.2 irrigated acres, the northernmost corner of which is located at a point whence the Northwest Corner of said Section 12 bears N 67°38’55” W a distance of 2,748.98 feet. 2. Middle Park: an irregular parcel of land lying on the west bank of the San Juan River in the SW ¼ of Section 12 and the NW ¼ of Section 13, Township 34 North, Range 2 West, N.M.P.M., containing 14.0 irrigated acres, the northernmost corner of which is located at a point whence the Southwest Corner of said Section 12 bears S 49°41’04” W a distance of 2,148.26 feet. 3. Pit Park: an irregular parcel of land lying on the west bank of the San Juan River in the NE ¼ and the SE ¼ of Section 23, Township 34 North, Range 2 West, N.M.P.M., containing 27 irrigated acres, the northernmost corner of which is located at a point whence the North ¼ Corner of Said Section 23 bears N 29°14’34” W a distance of 2,210.64 feet. 4. Low-Density Residential Area on Mesa: approximately 55 irrigated acres lying between Trujillo Road and the edge of the mesa overlooking the San Juan River canyon within the East ½ of Section 11, the West ½ of Section 12, the NW ¼ of Section 13, and the NE ¼ of Section 14, Township 34 North, Range 2 West, N.M.P.M. I. Depth: A maximum of 23 feet below the surface of the ground. 4. Detailed outline of what has been done toward completion of the appropriation: A. The decree entered in Case No. 08CW74, paragraph 7, provides that the subject water right is part of an integrated water supply system for property owned by the Applicant, which includes the water rights adjudicated in Case Nos. 95CW111 and 00CW21, Water Division No. 7. B. Beginning in 2012, the Applicant has annually pumped water from the Perkins Pit Well at a rate of up to 1.78 cubic feet per second during the summer irrigation season for irrigation of the Pit Park meadows, described in Paragraph 3.H.iv.3 above, and for dust suppression on roads on Applicant’s property. Applicant has submitted diversion records documenting these withdrawals to the Division of Water Resources. C. Applicant regularly grazed cattle near the Perkins Pit Well during the diligence period and watered the cattle from the ponds. Applicant also made water available for fire suppression purposes. D. During the diligence period, the Applicant installed a measuring weir to measure water flowing through the Perkins Pit well ponds from the San Juan River, at a cost of approximately $4,000. E. During the diligence period, the Applicant commissioned surveys of meadows both currently watered and planned to be watered by the Perkins Pit Well and other water rights owned by the Applicant, at a cost of $2,090. F. During the diligence period, the Applicant incurred approximately $2,372 in costs paid to Bikis Water Consultants for work related to the water rights decreed in Case No. 00CW21, Water Division No. 7. G. During the diligence period, the Applicant spent approximately $22,000 maintaining and repairing dams for two structures decreed in Case No. 00CW21, Water Division No. 7. H. During the diligence period, the Applicant incurred approximately $51,290 in legal fees and expenses developing water rights for Applicant’s property and opposing water rights applications with the potential to harm the subject water rights. 5. Claim to make absolute in part: A. Date water first applied to beneficial use: April 10, 2012. B. As discussed in Paragraph 4.A, the Applicant has annually withdrawn water from the Perkins Pit Well ponds at up to 1.78 cfs for irrigation and dust suppression purposes. Applicant has also watered cattle from the Perkins Pit Well ponds. C. Absolute amount and uses: Applicant claims that water from the Perkins Pit Well has been withdrawn at a rate of up to 1.78 cfs and has therefore been made absolute for irrigation, dust suppression, stock watering, and fire suppression. 6. Claim for finding of reasonable diligence in part: A. Applicant seeks a finding of reasonable diligence for the remaining 1.22 cfs of the Perkins Pit water right and the domestic, exchange, and augmentation uses of this right. 7. Name(s) and address(es) of owner(s) or reputed owner(s) of the land upon which any new diversion or storage structure, or modification to any existing diversion or storage structure is or will be constructed or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. (6 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 August, 2017, 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 site at www.courts.state.co.us; Danene M. Etz, Water Court Specialist, 1060 E. 2nd Ave., Room 106, Durango, CO 81301-5157; 970-247-2304, Ext. 6181)

Published: before July 31, 2017 Original Signature on file

Danene M. Etz, Water Court Specialist

Published July 13, 2017 in The Pagosa Springs SUN.

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INVITATION TO BID

Separate sealed BIDS for the Backswing Drive & East Golf Place Resurfacing Project will be received by Archuleta County, Colorado at the office of Davis Engineering Service, Inc. located at 188 South 8th Street, P.O. Box 1208, Pagosa Springs, Colorado 81147, until 2:00 P.M. local time on July 27, 2017, and then at said office publicly opened and read aloud.

The Backswing Drive & East Golf Place Resurfacing Project involves approximately 0.07 miles of Backswing Drive and 0.71 miles of East Golf Place, both forming a continuous roadway in Archuleta County. The project will generally maintain the existing horizontal and vertical alignments, primarily consisting of asphalt pulverization, gravel supplementation, reshaping, compacting, and asphalt paving. The work includes, but is not limited to pulverization, excavation, embankment, gravel placement, asphalt paving, drainage structure replacement, drainage structure lining, concrete gutters, erosion control, pavement marking, traffic sign placement, traffic control, seeding and mulching, and other items typically associated with road construction.

Copies of the CONTRACT DOCUMENTS and PLANS may be obtained on or after July 13, 2017, at the office of Davis Engineering Service, Inc. located at the address mentioned above, upon payment of $100.00 for each set. No refund will be made for returned copies.

A mandatory pre-bid conference and inspection trip for prospective Bidders will be held at the office of Davis Engineering Service, Inc. (phone number (970) 264-5055), located at the address mentioned above, at 2:00 P.M. local time on July 20, 2017.

Date: July 13, 2017

Published July 13 and 20, 2017 in The Pagosa Springs SUN.

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This story was posted on July 13, 2017.