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NOTICE OF DEFAULT AND FORECLOSURE SALE
WHEREAS, on September 30, 2002, James H. Watkins and Betty L. Watkins executed a Note payable to Wells Fargo Home Mortgage, Inc., a California Corporation (“Lender”) in the original principal amount of $216,504.00 (“Note”), which Note is secured by a certain deed of trust granted by James H. Watkins and Betty L. Watkins, as grantor in favor of Wells Fargo Home Mortgage, Inc., a California Corporation as beneficiary and the Archuleta County Public Trustee, as Trustee (“Deed of Trust”), which Deed of Trust was recorded October 17, 2002 as Reception No. 20209753 in the records of the Archuleta County Clerk and Recorder.
WHEREAS, said Deed of Trust encumbers the following real property:
That portion of Lot 1, Section 5, Township 35 North, Range 1 West, N.M.P.M. lying East of the San Juan River, and further described as a parcel of land located in the NE1/4 of Section 5, Township 35 North, Range 1 West, N.M.P.M. being more particularly described as follows: Beginning at a point whence the Northeast corner of said Section 5, bears North 61 Degrees 23’ 31” East, a distance of 815.56 feet, and whence the Northeast corner of Section 32, Township 36 North, Range 1 West, N.M.P.M. bears North 06 Degrees 30’ 32” East, a distance of 5752.42 feet; Thence South 71 Degrees 20’ East, a distance of 330.00 feet; Thence North 18 Degrees 40’ East, a distance of 150.00 feet; Thence South 71 Degrees 20’ East, a distance of 371.98 feet; Thence South 00 Degrees 34’ East, a distance of 291.27 feet; Thence North 71 Degrees 20’ West, a distance of 797.87 feet; Thence North 18 Degrees 40’ East, a distance of 125.00 feet to the point of beginning.
County of Archuleta, State of Colorado (referred to as the “Real Property”)
which has the address of 3821 A East Highway 160, Pagosa Springs, Colorado 81147
WHEREAS, the Deed of Trust was insured by the United States Secretary of Housing and Urban Development (“Secretary”) pursuant to the National Housing Act for the purpose of providing single family housing; and
WHEREAS, the Note and Deed of Trust are now owned by the Secretary, pursuant to the following assignment: assignment dated December 7, 2010 and recorded on January 3, 2011 as Reception No. 21100030 in the Office of the Clerk and Recorder of the County of Archuleta, Colorado; and
WHEREAS, a default has been made in the covenants and conditions of the Deed of Trust in that the borrower is deceased under paragraph 9(a)(i) of the Deed of Trust, and the Real Property is not the principal residence of at least one surviving borrower; and
WHEREAS, the entire amount delinquent as of May 31, 2014 is $161,833.78 plus fees and costs of the Foreclosure Commissioner; 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 powers vested in me by the Single Family Mortgage Foreclosure Act 0f 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, dated October 22, 2012 and recorded of even date hereof, notice is hereby given that on:
DATE OF SALE: June 30, 2014
TIME OF SALE: at 9:00 a.m. local time
PLACE OF SALE: at the Archuleta County Building,
449 San Juan Street, Outside at the Main Entrance,
Pagosa Springs, Colorado 81147
all of the Real Property and all of the personal property at or used in connection with the Real Property, will be sold at public action to the highest bidder. A copy of Secretary’s designation of me as Foreclosure Commissioner is attached hereto.
The Secretary of Housing and Urban Development will bid $162,436.04 plus any additional fees and costs of the foreclosure commissioner.
There will be no proration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before closing, his prorata 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 $16,244.00 (10% of the Secretary’s bid) in the form of a certified check or cashier’s check made out to the Secretary of HUD.
Each oral bid need not be accompanied by an additional deposit. If the successful bid is oral, a deposit of $16,244.00 must be presented before the bidding is closed. The deposit of the successful bidder 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 high bidder, he need not pay the bid amount in cash. The successful bidder will pay all conveyancing fees, all real estate and other taxes that are due on or after the delivery 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 extensions will be for 15-day increments for a fee of $500.00, paid in advance. The extension fee shall be in the form of a certified or cashiers 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 Field Office 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 Field Office 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, and has no obligation to deliver the property vacant.
The amount that must be paid if the Mortgage is to be reinstated prior to the scheduled sale is $161,833.78 as of May 31, 2014 plus the Foreclosure Commissioner’s fees and costs plus all other amounts that would be due under the mortgage agreement if payments under the mortgage 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 for recording documents, a commission for the Foreclosure Commissioner, and all other costs incurred–in connection with the foreclosure prior to reinstatement.
Dated this 2nd day of June, 2014
Robert G. Wilson, Jr.
Berenbaum Weinshienk PC
370 Seventeenth Street, 48th Floor
Denver, Colorado 80202
Published June 12,19 and 26, 2014 in The Pagosa Springs SUN.
The first reading of Ordinance No. 809 (Series 2014) was completed at the Pagosa Springs Town Council Meeting held on June 3, 2014 at 5:00 p.m. in the Council Chambers at Town Hall. ORDINANCE 809, AN ORDINANCE OF THE TOWN OF PAGOSA SPRINGS GRANTING A FRANCHISE TO ELITE RECYCLING AND DISPOSAL LLC TO OPERATE A RECYCLING AND REFUSE COLLECTION SERVICE IN THE TOWN OF PAGOSA SPRINGS, COLORADO, AND TO USE THE STREETS AND ALLEYS OF THE TOWN FOR SUCH PURPOSE AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF THIS FRANCHISE. 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 June 12, 2014 in The Pagosa Springs SUN.
Notice for Publication
The variance request is to exempt Diamond M King Ranch, LLC from the zoning regulations and create a non-conforming parcel of 20+ acres in AR zoning and sell the remaining 15+ acres to Eagle Shadow Ranch which would absorb it into their existing 1194 acre ranch with a deed restriction that the 15+ acre potion could only be sold as part of a minimum 35 acre parcel.. The property address is 13300 County Rd. 500.
Comments regarding this proposal may be submitted to the Archuleta County Planning Department, P.O. Box 1507, Pagosa Springs, CO 81147-1507, telephone: (970) 264-1390 prior to the public hearing by the Board of County Commissioners on July 1, 2014, at 1:30 p.m. in the County Courthouse. If you prefer, you may attend the public hearing and be heard.
Published June 12 and 19, 2014 in The Pagosa Springs SUN.
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