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Public Notices 3/13/14

FIRST READING

The first reading of Ordinance No. 806 (Series 2014) was completed at the Pagosa Springs Town Council Special Meeting held on March 4, 2014 at 4:00 p.m. in the Council Chambers at Town Hall. ORDINANCE 806, AN ORDINANCE OF THE TOWN OF PAGOSA SPRINGS APPROVING A LOAN AGREEMENT BETWEEN THE TOWN OF PAGOSA SPRINGS, PAGOSA FIRE DISTRICT, UPPER SAN JUAN HEALTH SERVICE DISTRICT, ARCHULETA COUNTY AND BANK OF THE SAN JUANS TO REFINANCE AN EXISTING LOAN THAT HAD BEEN USED TO PURCHASE ARCHULETA COUNTY CONSOLIDATED EMERGENCY COMMUNICATION CENTER DISPATCH EQUIPMENT; AUTHORIZING OFFICIALS OF THE TOWN TO TAKE ALL ACTION NECESSARY TO CARRY OUT THE TRANSACTIONS CONTEMPLATED HEREBY AND PROVIDING FOR RELATED MATTERS. Violation of this Ordinance is subject to enforcement and punishment pursuant to Article 3, Chapter 1 of the Pagosa Springs Municipal Code, including Section 1.3.3. providing for a fine not to exceed $1,000, or incarceration for not to exceed 1 year, or both. The full text of the ordinance, including any amendments, is available for public inspection at the office of the Town Clerk at Town Hall.

Published March 13, 2014 in The Pagosa Springs SUN.

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SECOND READING

The second reading of Ordinance No. 805 (Series 2014) was completed at the Pagosa Springs Town Council Special Meeting held on March 4, 2014 at 4:00 p.m. in the Council Chambers at Town Hall. ORDINANCE 805, AN ORDINANCE OF THE TOWN OF PAGOSA SPRINGS REPEALING AND READOPTING SECTION 2.4.13 OF THE LAND USE AND DEVELOPMENT CODE SETTING FORTH A PROCESS FOR APPEALING DECISIONS MADE PURSUANT TO THE LAND USE AND DEVELOPMENT CODE. The ordinance went into effect March 4, 2014 and the full text of the ordinance, including any amendments, is available for public inspection at the office of the Town Clerk at Town Hall.

Published March 13, 2014 in The Pagosa Springs SUN.

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INVITATION TO BID

Separate sealed BIDS for the Ruby Sisson Memorial Library Site Improvements project will be received by the Upper San Juan Library District 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 March 27, 2014, and then at said office publicly opened and read aloud.

The project has two primary components, being the replacement of the West McCabe Creek underground drainage pipe and expansion of the parking lot facilities. This work includes, but is not limited to the installation of 5 foot diameter reinforced concrete pipe with associated vaults and structures along with excavation, embankment, gravel placement, curbs, gutters, sidewalks, asphalt paving, and landscaping typically associated with parking lot construction. Prospective Bidders shall be capable of installing large diameter drainage pipe at significant depth, and should be aware that the project tie-in is immediately adjacent to and slightly within the right-of-way of U.S. Highway 160. A Special Use Permit from CDOT and a dewatering permit from the CDPHE will be required for this project.

Copies of the CONTRACT DOCUMENTS and PLANS may be obtained on or after March 3, 2014, at the office of Davis Engineering Service, Inc. located at the address mentioned above, upon payment of $60.00 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 March 18, 2014.

Date: February 27, 2014

Published February 27 and March 13, 2014 in The Pagosa Springs SUN.

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NOTICE OF CANCELLATION OF ELECTION

1-5-208(1.5) C.R.S.

NOTICE IS HEREBY GIVEN by the Alpha Rockridge Metropolitan District, Archuleta County, Colorado, that at the close of business on the sixty-third day before the election, there were not more candidates for director positions than offices to be filled, including candidate filing affidavits of intent to be write-in candidates; therefore, the election to be held on May 6th, 2014 is hereby canceled pursuant to section 1-5-208(1.5) C.R.S.

The following candidates are hereby declared elected:

Richard Lindblad 4 year term until May, 2018

Donald Ruth 4 year term until May, 2018

Richard Johnson 2 year term until May, 2016

Dr. Evette Polczynski 2 year term until May, 2016

Gary Landsdale

Designated Election Official

For Alpha Rockridge Metropolitan District

Published March 13, 2014 in The Pagosa Springs SUN.

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NOTICE OF CANCELLATION and

CERTIFIED STATEMENT OF RESULTS

NOTICE IS HEREBY GIVEN by the Los Pinos Fire Protection District, Archuleta County, Colorado, that at the close of business on the sixty-third day before the election, there were not more candidates for director than offices to be filled, including candidates filing affidavits of intent to be write-in candidates; therefore, the election to be held on May 6, 2014 is hereby canceled pursuant to section 1-13.5-513(6) C.R.S.

The following candidates are hereby declared elected:

Mark Williams- 4 year term until May, 2018

Frank Weis- 2 year term until May, 2016

Contact Person for the District: Larry Behrens

Telephone number of the District: 970-563-9501

Address of the District: 275 Browning Ave. Ignacio, CO 81137

Published March 13, 2014 in The Pagosa Springs SUN.

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CANCELLATION OF ELECTION AND DECLARATION DEEMING CANDIDATES  ELECTED FOR PAGOSA FIRE PROTECTION DISTRICT

The Designated Election Official of the Pagosa Fire Protection District has been duly authorized by the Board of Directors to cancel and declare candidates elected if, at the close of business on the sixty-third (63rd) day before the election, there are not more candidates than offices to be filled at the election to be conducted on May 6, 2014; and

As of the close of business on March 4, 2014, there were not more candidates for Director than offices to be filled, including candidates filing affidavits of intent to be write-in candidates.

Pursuant to Section 1-13.5-513(1), C.R.S., the Designated Election Official hereby cancels the regular election to be conducted on May 6, 2014.

THE ELECTION IS CANCELLED AND THE FOLLOWING CANDIDATES ARE DECLARED ELECTED FOR THE FOLLOWING TERMS:

David Blake 316 Mary’s Court Four Year Term

Chromo, CO 81128

John Thompson 131 Lodgepole Dr. Four Year Term

Pagosa Springs, CO 81147

Jason Webb 2040 CR 382 Four Year Term

Chromo, CO 81128

DATED this 5th day of March, 2014.

/s/ Diane C. Bower

Designated Election Official

Contact Person for District: Diane C. Bower

Telephone Number of District: 970/731-4191

Address of District: 191 N. Pagosa Blvd.

Pagosa Springs,

CO 81147

Published March 13, 2014 in The Pagosa Springs SUN.

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COLORADO’S TIMBER RIDGE  METROPOLITAN DISTRICT NOTICE OF CANCELLATION and CERTIFIED STATEMENT OF RESULTS

NOTICE IS HEREBY GIVEN by Colorado’s Timber Ridge Metropolitan District, Archuleta County, Colorado, that at the close of business on the sixty-third day before the election, there were not more candidates for director than offices to be filled, including candidates filing affidavits of intent to be write-in candidates; therefore, the election to be held on May 6th, 2014 is hereby canceled pursuant to section 1-5-208(1.5) C.R.S.

The following candidates are hereby declared elected:

Kenton T. West 4 year term until May, 2018

Gregory William Saffer 4 year term until May, 2018

Stewart L. Sampson 2 year term until May, 2016

/s/ Garry W. Lassman

Designated Election Official

Garry W. Lassman

Contact Person for the District: Ivo Brieven

Telephone Number of the District: 970.731.2678

Address of the District: P.O. Box 5601 Pagosa Springs CO 81147

District Facsimile Number: 970.731.2679

District Email: ivobrieven@ctrmd.org

Published March 13, 2014 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 a resume of all water right applications filed in the Office of the Water Clerk during the month of February, 2014, for Archuleta County.

13CW3022 Amended Water Resume: CONCERNING THE APPLICATION FOR WATER RIGHTS OF Applicant: BFM Holdings, LLC, by counsel Nancy Agro, 700 Main Avenue, Suite K, Durango, Co 81301 (970) 422-2024. New Surface Right: BFM Pump Site, SW/4 NW/4 SW/4, Section 9, Township 35 N, R1W, NMPM, being 1345 feet from the South section line and 150 feet from the West section line of said Section8. GPS 13S, 4127752 N, 324130 E. Amount claimed: 0.20 c.f.s., absolute, Source: San Juan River, Date of appropriation: August 4, 2013, Uses: Irrigation of six acres and for filling and re-filling of the Joe Hersch Reservoir for fish, stock, fire protection and irrigation. New Surface Right: BFM Alternate Point No. 1, Legal Description of point of diversion: SW/4 NW/4 SW/4, Section 8, T35 N, R1W, NMPM, being 1294 feet from the South section line and 69 feet from the West section line of said Section 8, GPS 13S 0324106 E 4127738 N. Amount claimed: 0.20 c.f.s., absolute, Source: San Juan River, Date of appropriation: August 4, 2013, Uses: Irrigation of 7.93 acres and for filling and re-filling of the Joe Hersch Reservoir for fish, stock, fire protection and irrigation. New Surface Right: BFM Alternate Point No. 2, Legal Description of point of diversion: NE/4 SE/4 SE/4 Section 7, T35 N, R1W, NMPM, being 1125 feet from the South section line and 370 feet from the East section line of said Section 7. GPS: 13S 323972 E 4127716 N. Amount claimed: 0.20 c.f.s., absolute, Source: San Juan River, Date of appropriation: August 4, 2013, Uses: Irrigation of 7.93 acres and for filling and re-filling of the Joe Hersch Reservoir for fish, stock, fire protection and irrigation. New Storage Right: Joe Hersch Reservoir, Legal description of location of reservoir: (inlet) 13S 0324068 E 4127648 N, Section 7, Township 35 N, R1 W. Source: BFM Pump Site, BFM AP #1, and BFM AP #2, Date of initiation of appropriation: June 1, 1957, Amount of water claimed in acre feet: 1.76 AF Absolute, Use: filling of Joe Hersch Reservoir for irrigation of 7.93 acres as described above, stock, fish and fire protection. Additional Information: Joe Hersch Reservoir was decreed in Case Number CA0308-D for stock water and fish raising. With this application Applicant proposes to add irrigation and fire protection as uses for the storage water as well as to add the above three points of diversion as additional and/or substitute sources of water for filling the reservoir. (5 pages)

14CW5 Joe Chavez, PO Box 204, Flora Vista, NM 87415: Chavez No 2 Ditch; San Juan River; Archuleta County; Date of original decree, 4/19/1962, Case no. CA308; Subsequent date of decree, 1/31/08; Case no. 07CW28; NW1/4SW1/4, Section 18, T32N, R3W, NMPM; San Juan River; Appropriation date, 12/12/1950; Irrigation; Northing 4098959, Easting 302208; Zone 13; 1929 feet from South, 853 feet from West; Work towards completion of project outlined in application; 3.0 cfs. Application for Finding of Reasonable Diligence (6 pages)

14CW6 Christina Evans, 151 Chambers Place, Pagosa Springs, CO 81147: Rackham Pump Site Ext.; Blanco River; Archuleta County; Northing 4113177, Easting 325031; Zone 13; NE1/4NE1/4, Section 32, T34N, R1W, NMPM; Rio Blanco, tributary to San Juan River; Date of appropriation, 4/1/13; Appropriation was initiated by pumping water from the Rackham Pump Site to new irrigated land; Date water applied to beneficial use, 4/1/13; Fire suppression, irrigation of two acres and stock watering; .075 cfs Absolute (32.1 gpm). Application for Absolute Water Rights (Surface) (5 pages)

14CW3003 Pagosa Area Water and Sanitation District (“PAWSD”), P. O. Drawer 4610, Pagosa Springs, CO 81157, (970) 731-2691. Evan D. Ela, Esq., and Joseph W. Norris, Esq., Collins Cockrel & Cole, P.C., 390 Union Blvd., #400, Denver, CO 80228, (303) 986-1551. APPLICATION FOR WATER RIGHTS IN ARCHULETA COUNTY. 2. Introduction: PAWSD owns and operates an integrated municipal water and sewer system supplying water and sewer service to customers within its service areas as they now exists or may grow in the future, and in accordance with extraterritorial contracts for water service and supply. Applicant owns water rights from the San Juan River originally appropriated by the Town of Pagosa Springs for its municipal water supply. The water rights were transferred to the Applicant by Special Warranty Deed on March 23, 1993, which deed is recorded at reception no. 0093002654 in the public records of the County of Archuleta, State of Colorado. By this Application, the District seeks correction of an established but erroneously described point of diversion for its water rights known as the Pagosa Springs Pipeline (aka Snowball Pipeline) water rights under the procedure prescribed in Section 37-92-305(3.6), C.R.S., to a location approximately 800 feet upstream from the decreed location. The new location is the point of diversion where the Applicant has constructed its diversion structure within the San Juan River in order to secure a sufficient flow of water into the structure to achieve diversion of Applicant’s legal entitlement. 3. Names of Water Rights and Structures: Town of Pagosa Springs Pipeline #3 Special, #8 Special and #10 Special, aka the Snowball Pipeline. 4. From Previous Decrees: (a) Original Decrees. The original water rights decree for the Town of Pagosa Springs Pipe Line and Reservoir, #3 Special was issued in Case No. 73 & 308, District Court, County of Archuleta, State of Colorado, In the Matter of the Adjudication of Priorities of Water Rights for Irrigation Purposes in Water District No. 29 of Colorado, on June 5, 1928. The original water rights decree for the Pagosa Springs Pipe Line, #8 Special and Pagosa Springs Pipe Line, #10 Special was issued in Case No. 73 & 308, District Court, County of Archuleta, State of Colorado, In the Matter of the Adjudication of Priorities of Water Rights for the Use of Water for Irrigation and other Beneficial Uses in Water District No. 29 of the State of Colorado, on April 19, 1962. (1) Location of original points of diversion. (i) Town of Pagosa Springs Pipe Line and Reservoir, #3 Special; located on the west bank of the San Juan River at a point 135 feet east and 23 feet south of the southeast corner of Lot 6 in Block one (1) of said Town of Pagosa Springs, Colorado, and the reservoir located within the incorporated limits of the Town of Pagosa Springs about 1,000 feet in a direct line from the southwest corner of Lot 15 in Block 27 of said Town; (ii) Pagosa Springs Pipe Line, #8 Special; diverted at Headgate No. 1 located on the west bank of the San Juan River, whence the northeast corner of Section 18, Township 35 North, Range 1 West of the N.M.P.M bears north 76° 53’ east, a distance of 1,257.8 feet; (iii) Pagosa Springs Pipe Line, #10 Special; diverted at Headgate No. 2 located on the west bank of the San Juan River, whence the northeast corner of Section 7, Township 35 North, Range 1 West of the N.M.P.M bears south 69° 28’ east, a distance of 910.3 feet. (2) Source. San Juan River. (3) Dates of appropriation. (i) Town of Pagosa Springs Pipe Line and Reservoir, #3 Special; May 15, 1902; (ii) Pagosa Springs Pipe Line, #8 Special; January, 1936; (iii) Pagosa Springs Pipe Line, #10 Special; October 18, 1948. (4) Amounts. (i) Town of Pagosa Springs Pipe Line and Reservoir, #3 Special; 3.0 cfs; (ii) Pagosa Springs Pipe Line, #8 Special; 19.4 cfs; (iii) Pagosa Springs Pipe Line, #10 Special; 19.4 cfs. (5) Beneficial uses. (i) Town of Pagosa Springs Pipe Line and Reservoir, #3 Special; Domestic, lawn irrigation, manufacturing and other beneficial purposes and as a storage system and for fire protection; (ii) Pagosa Springs Pipe Lines, #8 Special and #10 Special; municipal purposes. (b) Change Decree. An alternate point of diversion for the Subject Water Rights was decreed at an upstream location on the West Fork of the San Juan River in Case No. W-1433-76, District Court in and for Water Division No. 7, State of Colorado, In the Matter of the Adjudication for Water Rights of the Town of Pagosa Springs in the San Juan River or its Tributaries in Archuleta County, decree issued on August 10, 1976; (1) Location of decreed upstream alternate point of diversion: On the west bank of the San Juan River, whence the northeast corner of Section 12, Township 36 North, Range 1 West of the N.M.P.M., bears South 70° 10’ East, a distance of 1,478.4 feet, in the County of Archuleta, State of Colorado; (2) Source. West Fork of the San Juan River and upstream tributaries. (3) Dates of appropriation: No change from those originally decreed and as described above in paragraph 4.a. (4) Amounts: No change from those originally decreed and as described above in paragraph 4.a. (5) Beneficial uses: Municipal, no change from those originally decreed. (c) Abandonment Decree. The Subject Water Rights were modified by the general abandonment decree issued in Case No. 84CW108, District Court, Water Division No. 7, State of Colorado, In the Matter Concerning the Abandonment List of Water Rights and Conditional Water Rights in Water Division 7, decree issued on June 30, 1987. (1) Location of points of diversion: No change from the locations decreed and as described above in paragraphs 4.a and 4.b. (2) Source. No change. (3) Dates of appropriation. No change from those originally decreed and as described above in paragraph 4.a. (4) Amounts: (i) Town of Pagosa Springs Pipe Line and Reservoir, #3 Special; No change from the amount originally decreed and as described in paragraph 4.a(4)(i) above; (ii) Pagosa Springs Pipe Line, #8 Special; 1.0 cfs; (iii) Pagosa Springs Pipe Line, #10 Special; 1.0 cfs. (5) Beneficial uses. No change. 5. Proposed Change: Applicant seeks to correct the established but erroneously described alternate point of diversion for the Subject Water Rights to the location that is currently used for diversion of these rights. The current point of diversion structure benefits from the bridge piers and retaining walls that support the bridge over which Colorado State Highway 160 crosses the West Fork of the San Juan River. The current diversion structure has been used for many years, and has been improved and extended upstream from the decreed point of diversion by the District’s staff as needed to maintain an adequate diversion of water. After diversion from the river, the diverted water flows in a partially buried pipeline that extends to a location within approximately 200 feet of the originally decreed alternate point of diversion, at which point the flow is regulated for entry into the buried Snowball Pipeline and conveyed several miles to supply a forebay reservoir and the District’s municipal water system. This proposed adjudication qualifies as a correction to an established but erroneously described point of diversion as codified at Section 37-92-305(3.6)(a), C.R.S. The corrected location has been at the same physical location for many recent years, and was established by extension of the head of the ditch upstream as allowed by Section 37-86-111, C.R.S. There are no intervening surface water diversion points or inflow tributaries in the reach of stream for which the change is made, and no injury has resulted, or will result, from continued diversions at the established point of diversion. 6. Corrected Point of Diversion: The currently decreed and proposed corrected points of diversion are shown on Attachment A hereto. The corrected point of diversion is located as described as follows: On the west bank of the West Fork of the San Juan River in the SW/4 of the SE/4 of Section 1, Township 36 North, Range 1 West of the N.M.P.M., at a point located 191 feet from the north section line and 1,808 feet from the east section line of said Section 1, in the County of Archuleta, State of Colorado; UTM Zone 13S, 331814 Northing and 4138524 Easting. 7. Names and addresses of owners of land on which new diversion structures will be located or upon which water will be newly stored pursuant to §37-92-302(2)(b)(II), C.R.S. The proposed change will not result in any new diversion or storage structures. (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 April, 2014, 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 March 31, 2014 Original Signature on file

Danene M. Etz, Water Court Specialist

Published March 13, 2014 in The Pagosa Springs SUN.

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COMBINED NOTICE – PUBLICATION

CRS §38-38-103 FORECLOSURE 

SALE NO. 2014-001

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

On January 9, 2014, 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) Ardella M. Simacek

Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., as nominee for Aurora Bank FSB, A Federal Savings Bank Current Holder of Evidence of Debt

CitiMortgage, Inc.

Date of Deed of Trust May 30, 2009

County of Recording Archuleta

Recording Date of Deed of Trust June 09, 2009

Recording Information (Reception Number) 20904236

Original Principal Amount $278,795.00

Outstanding Principal Balance $277,061.83

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

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

The property to be foreclosed is:

LOT 11, BLOCK 5, PAGOSA IN THE PINES, ACCORDING TO THE PLAT THEREOF FILED MARCH 13, 1970, AS RECEPTION NOS. 73014 THROUGH 73027, IN THE OFFICE OF THE CLERK AND RECORDER, ARCHULETA COUNTY, COLORADO.

Also known by street and number as: 187 Fairway Place, 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, 05/08/2014, at 449 San Juan St, Pagosa Springs, CO 81147, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication 3/13/2014

Last Publication 4/10/2014

Name of Publication Pagosa Springs Sun

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

DATE: 01/09/2014

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:

Caren Jacobs Castle #11790

The Castle Law Group, LLC 999 18TH ST., #2201, DENVER, CO 80202 (303) 865-1400

The Attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.

Attorney File # 13-08153

©Public Trustees’ Association of Colorado Revised 9/2012

Published March 13, 20, 27, April 3 and 10, 2014 in The Pagosa Springs SUN.

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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.

EDWARD J. BEDNAS AND MARGARET C. BEDNAS 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: 13CV030067

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 August 27, 2013 at Reception No. 21305834 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 7309, Building Number 02, Unit Week Number 36, in Masters Place Condominiums Phase 1 as Reception No. 161539 and in accordance with and as limited and defined by he 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 January 31, 2014, the outstanding balance due and owing on such judgment is $4,136.00.

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 June 11, 2014 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 7 day of March, 2014

/s/ Richard Valdez

Richard Valdez

Undersheriff, Archuleta County, Colorado

Sale Date: June 11, 2014 at 10 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 March 13, 20, 27, April 3 and 10, 2014 in The Pagosa Springs SUN.

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This story was posted on March 13, 2014.