Public Notices 08/10/2017

DISTRICT COURT, ARCHULETA COUNTY,

COLORADO

Court Address:

449 San Juan St.

PO Box 148

Pagosa Springs CO 81147

Case Number: 2016CV30039

PLAINTIFF:

VILLAGE POINTE PROPERTY

OWNER’S ASSOCIATION, INC.

v.

DEFENDANT(S):

JUDY C SMITH, ET AL

COMBINED NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST AND RIGHTS TO CURE AND REDEEM AGAINST SEPARATE OWNERS, ArturoVazquez and Elsa Vazquez

This Notice of Public Judicial Foreclosure Sale is given pursuant to the specific assessment lien in the Declaration of Condominium and Interval Ownership dated December 30, 1988, recorded January 6, 1989 at Reception No. 0160495, Book 239, Page 2 and Second Amendment to Declaration of Condominium and Interval Ownership for Village Pointe Condominiums recorded January 16, 1990, at Reception No. 0168714, Book 280, Page 213, with the Office of the County Clerk and Recorder for Archuleta County, Colorado, at such time as the final as-built plat has been recorded AND the First Supplemental Declaration to Declaration of Protective Covenants and Interval Ownership for Village Pointe Condominiums Phase II recorded May 3, 1990, Reception No. 171190, Book 292, Page 242, with the Office of the County Clerk and Recorder for Archuleta County, Colorado, at such time as the final as-built plat has been recorded.

Under a Judgment and Decree of Foreclosure against Elsa Vazquez entered February 9, 2017, and Judgment for Summary Judgment against Arturo Vazquez entered June 13, 2017 in the above entitled action, I am ordered to sell certain real property, improvements and personal property secured by the Declaration, including without limitation the real property described as follows:

See Exhibit “A” attached hereto and made apart hereof

Separate Owner(s): Arturo Vazquez and Elsa Vazquez

Evidence of Debt: Declaration of Condominium and Interval Ownership dated December 30, 1988, recorded January 6, 1989 at Reception No. 0160495, Book 239, Page 2 and Second Amendment to Declaration of Condominium and Interval Ownership for Village Pointe Condominiums recorded January 16, 1990, at Reception No. 0168714, Book 280, Page 213, with the Office of the County Clerk and Recorder for Archuleta County, Colorado, at such time as the final as-built plat has been recorded AND the First Supplemental Declaration to Declaration of Protective Covenants and Interval Ownership for Village Pointe Condominiums Phase II recorded May 3, 1990, Reception No. 171190, Book 292, Page 242, with the Office of the County Clerk and Recorder for Archuleta County, Colorado, at such time as the final as-built plat has been recorded.

Current Holder of evidence of debt secured by the Declaration: Village Pointe Property Owner’s Association, Inc.

Obligations Secured: The Declaration provides that it secures the payment of the Debt and obligations therein described including, but not limited to, the payment of attorneys’ fees and costs.

Agent: John D. Alford, Attorney at Law, Reg. No. 43104, 6804 Rogers Ave. Suite B, Ft. Smith, Arkansas 72903

Association Assessments Due to: Village Pointe Property Owner’s Association, Inc.

Debt:Timeshare Owner’s Assessments due to Association in the amount of

Arturo Vazquez and Elsa Vazquez $2950.53

Amount of Judgment Entered on March 10, 2016: See attached Exhibit “A”

Type of Sale: Judicial Foreclosure Sale of Timeshare Interest being conducted pursuant to the power of sale granted by the Declaration, the Colorado Property Code, and the Colorado Common Ownership Act

THE PROPERTY TO BE SOLD AND DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN PURSUANT TO THE DECLARATION.

The covenants of said Declaration have been violated as follows: failure to make payments for assessments when the indebtedness was due and owing and the legal holder of the indebtedness has accelerated the same and declared the same immediately fully due and payable.

NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST

THEREFORE, NOTICE IS HEREBY GIVEN that I will, at 10:00 o’clock A.M., on Wednesday, October 4, 2017, in the Office of the Archuleta County Sheriff, Civil Division, 449 San Juan Street, Pagosa Springs, Colorado, sell to the highest and best bidder for cash, the said real property described above, and all interest of said Grantor and the heirs and assigns of said Grantor therein, subject to the provisions of the Declaration permitting the Association thereunder to have the bid credited to the Debt up to the amount of the unpaid Debt secured by the Declaration at the time of sale, for the purpose of paying the judgment amount entered herein, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: August 10, 2017

Last Publication: September 7, 2017

Name of Publication: [Pagosa Springs Sun]

NOTICE OF RIGHTS

YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED, OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF SAID FORECLOSURE. YOU MAY HAVE THE RIGHT TO REDEEM SAID REAL PROPERTY OR YOU MAY HAVE THE RGIHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF THE STATUTES WHICH MAY AFFECT YOUR RIGHTS IS ATTACHED HERETO.

A NOTICE OF INTENT TO CURE PURSUANT TO §38-38-104 C.R.S., SHALL BE FILED WITH THE OFFICER AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.

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. 

A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO §38-38-302 C.R.S. SHALL BE FILED WITH THE SHERIFF NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.

THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.

IF YOU BELIEVE THAT A LENDER OR SERVICER HAS VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN §38-38-103.1 OR THE PROHIBITION ON DUAL TRACKING IN §38-38-103.2, YOU MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL (1-800-222-4444), THE CONSUMER FINANCIAL PROTECTION BUREAU (1-855-411-2372), OR BOTH, BUT THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS.

The name, address, and business telephone number of each of the attorneys representing the holder of the evidence of debt are as follows:

John D. Alford, Attorney at Law, Reg. No. 43104, 6804 Rogers Ave., Suite B, Fort Smith, Arkansas 72903.

INTENT TO CURE OR REDEEM, as provided by the aforementioned laws, must be directed to or conducted at the Sheriff’s Department for Archuleta County, Civil Division, 449 San Juan Street, Pagosa Springs, Colorado, 81147.

THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. 

This Sheriff’s Notice of Sale is signed July 14, 2017.

Tonya Hamilton, Undersheriff,

Archuleta County, Colorado

By:/s/ Tonya Hamilton

Exhibit A

Detail Listing of Judgment Calculations

As of March 10, 2016

Defendant/Property Matter Amount

Arturo Vazquez and Elsa Vazquez, lien No. 21603443 filed in Archuleta County, CO on 6/3/2016, against the following described “Timeshare Property” to wit:

Unit Number 7513, Building 4D, Unit Week Number 25 in that property which is described as a parcel of land being a portion of Parcel B, Third Replat of South Village Lake, recorded as Reception No. 130304, in the Office of the County Clerk and Recorder, Archuleta County, Colorado. The property is described as Village Pointe Phase II recorded in Plat File No. 332-332A-E, under Reception No. 171189 in the Office of the County Clerk and Recorder for Archuleta County, Colorado and is subject to the First Supplemental Declaration to Declaration of Protective Covenants and Interval Ownership for Village Pointe Condominiums Phase II recorded May 3, 1990, Reception No. 171190, Book 292, Page 242, in the Office of the County Clerk and Recorder for Archuleta County, Colorado. The property has located upon it two buildings described as Building 3, containing four units designated, respectively, as Units 7509, 7510, 7511 and 7512; and Building 4 contains four units designated, respectively, as Units 7513, 7514, 7515, 7516.

Unpaid Assessments & Costs: $1950.53

Attorney Fees: $1000.00

Total: $2950.53

Published August 10, 17, 24, 31 and September 7, 2017 in The Pagosa Springs SUN.

__________

COMBINED NOTICE – PUBLICATION

CRS §38-38-103 FORECLOSURE SALE NO. 2017-012

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

On June 8, 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) ERIC SPORS

Original Beneficiary(ies) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR INDYMAC BANK, F.S.B.

Current Holder of Evidence of Debt Ocwen Loan Servicing, LLC

Date of Deed of Trust January 09, 2007

County of Recording Archuleta

Recording Date of Deed of Trust January 10, 2007

Recording Information (Reception No. and/or Book/Page No.) 20700296

Original Principal Amount $179,200.00

Outstanding Principal Balance $174,892.88

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.

LOTS 230 AND 231 OF PAGOSA IN THE PINES UNIT TWO, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD FEBRUARY 7, 1972 AS RECEPTION NO. 75408.

Also known by street and number as: 443 MIDIRON AVENUE, PAGOSA SPRINGS, CO 81147.

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

NOTICE OF SALE

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

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Thursday, 10/05/2017, at 449 San Juan St, Pagosa Springs, CO 81147, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication 8/10/2017

Last Publication 9/7/2017

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: 06/08/2017

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:

Barrett Frappier Weisserman, LLP 1199 Bannock Street, Denver, CO 80204 (303) 350-3711

Attorney File # 00000006728810

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 August 10, 17, 24, 31 and September 7, 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, Colorado 81147

Telephone No.: (970) 264-2400

MASTERS PLACE CONDOMINIUM PROPERTY OWNERS ASSOCIATION, INC. 

Plaintiff

v.

Richard A. Dame, Cynthia M. Dame, husband and wife, and All Unknown Persons Who Claim Any Interest In The Subject Matter Of This Action,

Defendant.

Attorney for Plaintiff:

Name: D. Brett Van Winkle

Address: 10 Town Plaza, #504

Durango, CO 81301

Phone Number: (970) 426-8424

Atty. Reg. #: 41195

Email: vanwinkledb@gmail.com

Case Number: 17 CV030012

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

TO WHOM IT MAY CONCERN:

This is to advise you that the above-captioned action is pending. A Judgment and Decree for Judicial Foreclosure has been entered in this action concerning an assessment lien by the plaintiff Masters Place Condominium Property Owners Association, Inc. pursuant to the Colorado Common Interest Ownership Act, Colorado Revised Statutes, §3-33.3-316(2)(a), and the Plaintiff’s Property Owners Association Declaration for Masters Place Condominium Property Owners Association, Inc. of (said) Assessment Lien being recorded on December 6, 2016 at Reception No. 21608221 in the office of the Clerk and Recorders Office of Archuleta County, Colorado (the “Assessment Lien”).

The real property which is the subject matter of this litigation, which is the property subject to the Assessment Lien, is situation in Archuleta County, and is described as follows, to-wit:

Unit Number 7302, Building Number 01, Unit Week Number 25, in Masters Place Condominiums Phase II as Reception No. 177633 and in accordance with and as limited and defined by the Declaration of Individual and/or Interval Ownership, recorded under Reception Number 161911 amendments and supplements thereto in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

The Plaintiff named above is the judgment creditor in this action and the lienor of the property pursuant to the Colorado Common Interest Ownership Act, Colorado revised Statutes, §33-33.3-316(2)(a), and the Plaintiff’s Property Owners Association Declaration for Masters Place Condominium Property Owners Association. As of June 8, 2017 the outstanding balance due and owing on such judgment is $ 2,674.16.

I shall offer for public sale to the highest bidder, for case, at public auction, all the right, title and interest of the defendants in said property on October 4, 2017 at 10:00 a.m. at the Archuleta County Sheriff’s Office, 449 San Juan St., Pagosa Springs, CO 81147.

NOTE: THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.

Attached hereto are copies of certain Colorado statutes that my vitally affect your property rights in relation to this proceeding. Said proceeding may result in the loss of property in which you have an interest. You may wish to seek the advice of your own private attorney concerning your rights in relation to this foreclosure proceeding.

C.R.S. §38-38-103(4)(a)(II): A notice of intent to cure filed pursuant to section 38-38-104 shall be filed with the officer at least fifteen calendar days prior to the first scheduled sale date or any date to which the sale is continued;

C.R.S. §38-38-103(4)(a)(III): A notice of intent to redeem filed pursuant to section 38-38-302 shall be filed with the officer no later than eight business days after the sale;

INTENT to cure and redeem, as provided by the aforementioned laws, must be directed to or conducted at the Office of the Sheriff for the County of Archuleta, Front Office, 449 San Juan Street, Pagosa Springs, CO 81147.

Dated at Archuleta County, Colorado, this 13 day of July, 2017.

/s/ Tonya Hamilton

Tonya Hamilton

Undersheriff, Archuleta County, Colorado

Sale Date: October 4, 2017 at 10:00 a.m.

BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS TO COVER THEIR HIGHEST BID AT THE TIME OF THE SALE. CERTIFIED FUNDS ARE PAYABLE TO THE REGISTRY OF THE ARCHULETA COUNTY DISTRICT COURT.

Colorado Statutes attached: Colorado Revised Statutes §38-37-108, 38-38-103, 38-38-104,38-38-301,38-38-304,38-38-305, and 38-38-306.

Published August 10, 17, 24, 31 and September 7, 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, Colorado 81147

Telephone No.: (970) 264-2400

MASTERS PLACE CONDOMINIUM PROPERTY OWNERS ASSOCIATION, INC. 

Plaintiff

v.

JUANITA L. PHILLIPS, CHARLES R. PHILLIPS and All Unknown Persons Who Claim Any Interest In The Subject Matter Of This Action,

Defendant.

Attorney for Plaintiff:

Name: D. Brett Van Winkle

Address: 10 Town Plaza, #504

Durango, CO 81301

Phone Number: (970) 426-8424

Atty. Reg. #: 41195

Email: vanwinkledb@gmail.com

Case Number: 17 CV030015

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

TO WHOM IT MAY CONCERN:

This is to advise you that the above-captioned action is pending. A Judgment and Decree for Judicial Foreclosure has been entered in this action concerning an assessment lien by the plaintiff Masters Place Condominium Property Owners Association, Inc. pursuant to the Colorado Common Interest Ownership Act, Colorado Revised Statutes, §3-33.3-316(2)(a), and the Plaintiff’s Property Owners Association Declaration for Masters Place Condominium Property Owners Association, Inc. of (said) Assessment Lien being recorded on December 6, 2016 at Reception No. 21608229 in the office of the Clerk and Recorders Office of Archuleta County, Colorado (the “Assessment Lien”).

The real property which is the subject matter of this litigation, which is the property subject to the Assessment Lien, is situation in Archuleta County, and is described as follows, to-wit:

Unit Number 7312, Building Number 2, Unit Week Number 06, in Masters Place Condominiums Phase I as Reception No. 161539 and in accordance with and as limited and defined by the Declaration of Individual and/or Interval Ownership, recorded under Reception Number 161911 amendments and supplements thereto in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

The Plaintiff named above is the judgment creditor in this action and the lienor of the property pursuant to the Colorado Common Interest Ownership Act, Colorado revised Statutes, §33-33.3-316(2)(a), and the Plaintiff’s Property Owners Association Declaration for Masters Place Condominium Property Owners Association. As of June 8, 2017 the outstanding balance due and owing on such judgment is $ 3,464.52.

I shall offer for public sale to the highest bidder, for case, at public auction, all the right, title and interest of the defendants in said property on October 4, 2017 at 10:00 a.m. at the Archuleta County Sheriff’s Office, 449 San Juan St., Pagosa Springs, CO 81147.

NOTE: THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.

Attached hereto are copies of certain Colorado statutes that my vitally affect your property rights in relation to this proceeding. Said proceeding may result in the loss of property in which you have an interest. You may wish to seek the advice of your own private attorney concerning your rights in relation to this foreclosure proceeding.

C.R.S. §38-38-103(4)(a)(II): A notice of intent to cure filed pursuant to section 38-38-104 shall be filed with the officer at least fifteen calendar days prior to the first scheduled sale date or any date to which the sale is continued;

C.R.S. §38-38-103(4)(a)(III): A notice of intent to redeem filed pursuant to section 38-38-302 shall be filed with the officer no later than eight business days after the sale;

INTENT to cure and redeem, as provided by the aforementioned laws, must be directed to or conducted at the Office of the Sheriff for the County of Archuleta, Front Office, 449 San Juan Street, Pagosa Springs, CO 81147.

Dated at Archuleta County, Colorado, this 13th day of July, 2017.

/s/ Tonya Hamilton

Tonya Hamilton

Undersheriff, Archuleta County, Colorado

Sale Date: October 4, 2017 at 10:00 a.m.

BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS TO COVER THEIR HIGHEST BID AT THE TIME OF THE SALE. CERTIFIED FUNDS ARE PAYABLE TO THE REGISTRY OF THE ARCHULETA COUNTY DISTRICT COURT.

Colorado Statutes attached: Colorado Revised Statutes §38-37-108, 38-38-103, 38-38-104,38-38-301,38-38-304,38-38-305, and 38-38-306.

Published August 10, 17, 24, 31 and September 7, 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, Colorado 81147

Telephone No.: (970) 264-2400

MASTERS PLACE CONDOMINIUM PROPERTY OWNERS ASSOCIATION, INC. 

Plaintiff

v.

RODGER K. MATHEWS, JOYCE M. MATHEWS and All Unknown Persons Who Claim Any Interest In The Subject Matter Of This Action,

Defendant.

Attorney for Plaintiff:

Name: D. Brett Van Winkle

Address: 10 Town Plaza, #504

Durango, CO 81301

Phone Number: (970) 426-8424

Atty. Reg. #: 41195

Email: vanwinkledb@gmail.com

Case Number: 17 CV030017

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

TO WHOM IT MAY CONCERN:

This is to advise you that the above-captioned action is pending. A Judgment and Decree for Judicial Foreclosure has been entered in this action concerning an assessment lien by the plaintiff Masters Place Condominium Property Owners Association, Inc. pursuant to the Colorado Common Interest Ownership Act, Colorado Revised Statutes, §3-33.3-316(2)(a), and the Plaintiff’s Property Owners Association Declaration for Masters Place Condominium Property Owners Association, Inc. of (said) Assessment Lien being recorded on December 6, 2016 at Reception No. 21608228 in the office of the Clerk and Recorders Office of Archuleta County, Colorado (the “Assessment Lien”).

The real property which is the subject matter of this litigation, which is the property subject to the Assessment Lien, is situation in Archuleta County, and is described as follows, to-wit:

Unit Number 7315, Building Number 2, Unit Week Number 12, in Masters Place Condominiums Phase I as Reception No. 161539 and in accordance with and as limited and defined by the Declaration of Individual and/or Interval Ownership, recorded under Reception Number 161911 amendments and supplements thereto in the Office of the County Clerk and Recorder in and for Archuleta County, Colorado.

The Plaintiff named above is the judgment creditor in this action and the lienor of the property pursuant to the Colorado Common Interest Ownership Act, Colorado revised Statutes, §33-33.3-316(2)(a), and the Plaintiff’s Property Owners Association Declaration for Masters Place Condominium Property Owners Association. As of June 8, 2017 the outstanding balance due and owing on such judgment is $ 3,462.52.

I shall offer for public sale to the highest bidder, for case, at public auction, all the right, title and interest of the defendants in said property on October 4, 2017 at 10:00 a.m. at the Archuleta County Sheriff’s Office, 449 San Juan St., Pagosa Springs, CO 81147.

NOTE: THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.

Attached hereto are copies of certain Colorado statutes that my vitally affect your property rights in relation to this proceeding. Said proceeding may result in the loss of property in which you have an interest. You may wish to seek the advice of your own private attorney concerning your rights in relation to this foreclosure proceeding.

C.R.S. §38-38-103(4)(a)(II): A notice of intent to cure filed pursuant to section 38-38-104 shall be filed with the officer at least fifteen calendar days prior to the first scheduled sale date or any date to which the sale is continued;

C.R.S. §38-38-103(4)(a)(III): A notice of intent to redeem filed pursuant to section 38-38-302 shall be filed with the officer no later than eight business days after the sale;

INTENT to cure and redeem, as provided by the aforementioned laws, must be directed to or conducted at the Office of the Sheriff for the County of Archuleta, Front Office, 449 San Juan Street, Pagosa Springs, CO 81147.

Dated at Archuleta County, Colorado, this 13th day of July, 2017.

/s/ Tonya Hamilton

Tonya Hamilton

Undersheriff, Archuleta County, Colorado

Sale Date: October 4, 2017 at 10:00 a.m.

BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS TO COVER THEIR HIGHEST BID AT THE TIME OF THE SALE. CERTIFIED FUNDS ARE PAYABLE TO THE REGISTRY OF THE ARCHULETA COUNTY DISTRICT COURT.

Colorado Statutes attached: Colorado Revised Statutes §38-37-108, 38-38-103, 38-38-104,38-38-301,38-38-304,38-38-305, and 38-38-306.

Published August 10, 17, 24, 31 and September 7, 2017 in The Pagosa Springs SUN.

__________

NOTICE TO CREDITORS

Estate of Paul Douglas Rovinelli Sr., Deceased

Case No. 2017PR030030

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 December 10, 2017, or the claims may be forever barred.

Personal Representative

Ashley Burgan

2210 Yankton Pl.

Colorado Springs, CO 80919

Published August 10, 17 and 24, 2017 in The Pagosa Springs SUN.

__________

Notice of Annual Meeting 2017

The annual meeting and election of directors for Western Heritage Event Center, Inc., also the organizer and sponsor of the annual Red Ryder Roundup® Rodeo, will be held at 6:00 pm on Wednesday, August 23, 2017 at the County Extension Building.

Only registered members of record as of June 23, 2017 will be entitled to vote. Proxy votes must be in writing designating the person who is to cast the vote (who must also be a registered member of the corporation) and have the signature of member and date. Proxies must be presented at the beginning of the annual meeting at registration. The maximum number of proxies any individual can represent is five. Current board members are: Lisa Scott, President; Mike Ray, Vice President; Pennie DeClark, Treasurer; Diana Talbot, Secretary; J.R. Ford, Jess Ketchum, Alvin Schaaf, Twine Regester and Keith Jacobson, Lynn Johnson, all Directors.

Published August 10 and 17, 2017 in The Pagosa Springs SUN.

__________

PUBLIC NOTICE

The Town of Pagosa Springs has received an application for a “Conditional Use Permit” for the operation of a “Vacation Rental” to be located at 210 N. 5th Street. The Town of Pagosa Springs Planning Commission will consider the “Conditional Use Permit” application at a public hearing scheduled on August 22, 2017 at 5:30PM in Town Hall located at 551 Hot Springs Blvd. Anyone wishing to provide comments should contact the Town Planning Department at 970-264-4151 x 225 or attend the public hearing. Public comments will be accepted at the public hearing.

Published August 10, 2017 in The Pagosa Springs SUN.

__________

PUBLIC NOTICE

The Town of Pagosa Springs has received an application for a “Conditional Use Permit” for the operation of a “Vacation Rental” to be located at 375 S. 8th Street. The Town of Pagosa Springs Planning Commission will consider the “Conditional Use Permit” application at a public hearing scheduled on August 22, 2017 at 5:30PM in Town Hall located at 551 Hot Springs Blvd. Anyone wishing to provide comments should contact the Town Planning Department at 970-264-4151 x 225 or attend the public hearing. Public comments will be accepted at the public hearing.

Published August 10, 2017 in The Pagosa Springs SUN.

__________

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 July, 2017, for Archuleta County.

17CW9 Leslie V. Cahill, II, 143 Morris St., Monte Vista, CO 81144: Cahill Ditch; San Juan River; Archuleta County; Date of original decree, 7/29/11; Case no., 10CW92; SW1/4SW1/4NW1/4, Section 20, T32N, R5W, NMPM; 771 feet from North, 222 feet from West; Sawyer Arroya, tributary to Siembritos Arroyo; Appropriation date, 12/28/10; .033 cfs Conditional; Irrigation 1/3 acre for trees, lawn and natural vegetation; Date applied to beneficial use, 5/17; Easting 284342, Northing 4098574; Work towards completion of project outlined in application. Application for Finding of Reasonable Diligence (6 pages)

17CW10 James Edward Chambers II, 1521 E Richey Rd., Houston, TX 77073: Navajo River; Archuleta County; Date of original decree, 9/23/11; Case no., 11CW5; Wyman North Pump Site; NW1/4NW1/4, Section 13, T32N, R3W, NMPM; 378 feet from North, 1133 feet from West; Easting 310301, Northing 4099586; Navajo River; Appropriation date, 11/30/10; 0.75 cfs; Irrigation of 20.9 acres;337 GPM; Wyman South Pump Site; NE1/4NE1/4, Section 14, T32N, R3W, NMPM; 599 feet from North, 399 feet from East; Easting 309832, Northing 4099535; Navajo River; Appropriation date, 11/30/10; 0.75 cfs; Irrigation of 20.95 acres; Date water applied to beneficial use, 2012; 337 GPM; Work towards completion of project outlined in application. Application for Finding of Reasonable Diligence (13 pages)

17CW3030 Pagosa Area Water and Sanitation District, Drawer 4610, Pagosa Springs, CO 81157, (970) 731-2691, through counsel Evan D. Ela and Joseph W. Norris, Collins Cockrel & Cole, P.C., 390 Union Boulevard, Suite 400, Lakewood, CO 80215, (303) 986-1551, and San Juan Water Conservancy District, 46 Eaton Drive, Suite 5, Pagosa Springs, CO 81147, (970) 731-9857, through counsel Kent Holsinger and Austin Rueschhoff, Holsinger Law, LLC, 1800 Glenarm Place, Suite 500, Denver, CO 80202, (303) 722-2828, APPLICATION FOR WATER RIGHTS OF THE PAGOSA SPRINGS WATER AND SANITATION DISTRICT AND THE SAN JUAN WATER CONSERVANCY DISTRICT in ARCHULETA COUNTY. 2. Name of Water Right and Structure: Second Enlargement of Dutton Ditch. 3. Description of the conditional water rights: (a) Original Decree: December 19, 1968, Case No. 73-308D, District Court Within and For the County of Archuleta, in the Matter of the Application for Water Rights for the Use of Water for Irrigation and Other Beneficial Uses in Water District No. 29 of the State of Colorado (San Juan River and Tributaries); (b) Most Recent Decree Granting Continued Diligence: July 20, 2011, Case No. 09CW17, District Court, Water Division No. 7, Findings of Fact, Ruling of the Referee, Judgment and Decree; (c) Location of Point of Diversion: (1)Headgate of the 2nd Enlargement of the Dutton Ditch is located on the West Bank of Four Mile Creek, a tributary of the San Juan River, at a point whence the northwest corner of Section 3, Township 36 North, Range 2 West, N.M.P.M. bears South 77°32’ West, a distance of 2,610 feet. (d) Source: Four Mile Creek and its tributaries; (e) Appropriation Date: July 6, 1967; (f) Amount: 40 cfs, CONDITIONAL; (g) Uses: irrigation, industrial, municipal and domestic uses. 4. Outline of work done and funds expended by Pagosa Area Water and Sanitation District during the diligence period toward completion of the appropriation: PAWSD performed substantial work on and expended funds toward land acquisition, planning, and water rights activities for the San Juan River Headwaters project, all costs incurred by the PAWSD for these endeavors totaled approximately $217,100; PAWSD expended funds in support of cloud seeding efforts by third-party providers and additional amounts for outside services in support of the operation of its municipal water system totaling approximately $178,170; PAWSD maintains an active water conservation program that provides continual education of its customers and the general public about the benefits of conserving water in everyday use, expenditures for these programs totaled approximately $191,350; PAWSD adjudicated changes in points of diversion and continued diligence for water rights it owns from the San Juan River and its tributaries which are a part of the PAWSD integrated municipal water system, and continued to protect its water rights by participating in water court adjudications of the water rights of others to prevent a negative impact on the water yields of the PAWSD water rights, incurring legal and engineering costs totaling approximately $69,000; PAWSD has continued to improve its water pumping and conveyance system from the San Juan River, and engineering work commissioned and other costs incurred for this continuing effort amounted to $164,200; expenditures for necessary improvements, repairs and operations of the Dutton Ditch, the Dutton Ditch Pipeline and other raw water supply ditches have totaled approximately $30,300; PAWSD expended approximately $822,150 for improvements to its treated water distribution system, including improved metering and pressure control; PAWSD completed extensive improvements to the San Juan Water Treatment Plan to allow the treatment of raw water supplied through its system of reservoirs to specified regulatory requirements, expenditures totaled approximately $4.6 million. 5. Outline of work done and funds expended by the San Juan Water Conservancy District during the diligence period toward completion of the appropriation: SJWCD has performed substantial work for engineering analyses and master planning efforts concerning projected water demands within the SJWCD service area and the structural options for meeting such demand, incurring costs of approximately $6,092; SJWCD expended annual amounts totaling approximately $6,000 for cooperative funding of cloud seeding initiatives within the San Juan River watershed which were also funded by other water resources development agencies in the region; SJWCD expended approximately $4,000 for structural improvements to ditches and streams, including funds expended in a cost-sharing arrangement with the Colorado Division of Water Resources for a gauging station built on the East Fork of the San Juan River; SJWCD participates in a regional Water Information Program conducted annually by the Southwestern Water Conservation District which provides public education on water conservation, water resources development, and related topics, and has expended approximately $9,000 on this program; SJWCD has continued to protect it water rights by participating in water court adjudications of the water rights of others that could have a negative impact on the water quantity and use of the District’s water rights, spending approximately $10,000 in legal and engineering fees; SJWCD has continued its legal, engineering, and permitting activities for the proposed San Juan River Headwaters project which included defending project water rights, project planning and design, and conducting preliminary investigations into environmental and cultural characteristics of the project site, and spending approximately $86,244.00 on these matters; SJWCD worked with PAWSD and the CWCB to negotiate restructuring a grant and loan SJWCD and PAWSD received from the Colorado Water Conservation Board (“CWCB”) in 2007 which was needed to provide flexibility, security and oversight appropriate to ensure the long term success of the Project by entering into an Agreement to Restructure Colorado Water Conservation Board Dry Gulch Reservoir Loan Contract Number C150261 on October 27, 2015 and finalized further amendments to such Agreement on April 27, 2016, spending approximately $47,142 in legal and consulting fees in the restructuring process, and acquired the remaining property needed for the project, including an approximate 24 acre parcel of privately owned property and proposing a land exchange with the United States Forest Service for approximately 190 acres; SJWCD completed an application to the CWCB for an approximately $2 million loan to fund the remaining land acquisition costs for the project. The CWCB loan application was conditionally granted in May 2017. SJWCD has spent approximately $67,054 on legal and consulting fees on these remaining property acquisition matters; SJWCD expended approximately $20,000 on legal and engineering fees in defending, maintaining, and developing its West Fork Canal and West Fork Reservoir water rights, which it plans to make part of the Project. 6. Additional Remarks. Co-Applicants PAWSD and SJWCD each own one-half of the water right originally decreed for the Dutton Ditch Second Enlargement. The PAWSD operates the Dutton Ditch to divert water from Four Mile Creek to its reservoirs known as Hatcher Reservoir and Stevens Reservoir. The PAWSD conducts mostly continuous diversions through this structure generally from late fall through May of every year. Hatcher Reservoir supplies the PAWSD Hatcher Water Treatment Plant and Stevens Reservoir supplies the PAWSD San Juan Water Treatment Plant. (8 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 September, 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 August 31, 2017 Original Signature on file

Danene M. Etz, Water Court Specialist

Published August 10, 2017 in The Pagosa Springs SUN.

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This story was posted on August 10, 2017.