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Classifieds
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124067
PUBLIC NOTICE
Case No. 13CV41
In the Matter of the Petition of: Lourdes Cahuis
For Minor Child: Jonathan Julio Villasenor
To change the child's name to: Jonathan Julio Hernandez-Cahuis
TO FATHER: JULIO ANTONIO VILLASENOR, a copy of the Petition and Order may be obtained from the Clerk of this Court at 109 W. Main, Cortez, Colorado 81321 or The Law Firm of Lisa Ward LLC, 101 W. 11th Street, Suite 101, Durango, Colorado 81301 during regular business hours. The name change will occur if you fail to file a response or appear within thirty days after the date of publication.
Hugh F. Boles, Esq.
The Law Firm of Lisa Ward, LLC
101 West 11th Street, Suite 101
Durango, CO 81301
Published in the Cortez Journal, April 26, May 3, 10, 17 and 24, 2013
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124975
PUBLIC NOTICE
Please take notice that there has been filed with the Montezuma Valley Irrigation Company, in accordance with sections 7-42-114 to 7-42-117, Colorado Revised Statutes, the following demand:
DEMAND FOR ISSUANCE OF DUPLICATE CERTIFICATE
STATE OF COLORADO )
) ss
COUNTY OF MONTEZUMA )
I, Roy N. Lackey and Patty A. Lackey and Wallick & Volk, Inc., do state under oath that I am the owner of record of Certificate No. 9429 for eight (8) shares of the Capital Stock of Montezuma Valley Irrigation Company. The said certificate has been lost, mislaid destroyed or stolen. It is my own property. I have paid all assessments levied against such stock to the present. The said certificate has not been transferred, endorsed, negotiated, sold, assigned nor deposited under any agreement nor subjected to any hypothecation, lien or pledge, nor disposed of by separate assignment or otherwise. I demand the issuance of a duplicate certificate in accordance with state statutes 7-42-114 through 7-42-117, Colorado Revised Statutes.
/s/ Roy N. Lackey
/s/ Patty A. Lackey
SUBSCRIBED AND SWORN to before me in Montezuma County, State of Colorado, by Roy N. Lackey and Patty A. Lackey this 25th day of April, 2013.
WITNESS my hand and official seal.
/s/ Maria Koppenhafer
Notary Public
My commission Expires: March 9, 2014
Therefore, Montezuma Valley Irrigation Company will issue, on or after June 4, 2013, a duplicate certificate to the owner unless a contrary claim is filed with Montezuma Valley Irrigation Company prior to that date.
Cortez Journal
Date of publications May 7, 14, 21, 28, and June 4, 2013
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125105
AMENDED
PUBLIC NOTICE
COMBINED NOTICE OF SALE AND RIGHT TO CURE AND REDEEM
Sale No. 9-13
TO WHOM IT MAY CONCERN: This Notice is given with regard to the following described deed of Trust:
On February 28, 2013 the date of recording of the Notice of Election and Demand for Sale, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the Montezuma County records.
Original Grantors: ROBERT R. KIRKLAND
Original Beneficiary: VECTRA BANK COLORADO, NATIONAL ASSOCIATION
Current Owner of Evidence of Debt: VECTRA BANK COLORADO, NATIONAL ASSOCIATION
Date of Deed of Trust: MAY 25, 2005
Recording Date of Deed of Trust: MAY 26, 2005
County of Recording: MONTEZUMA
Recording Information: Reception No. 531697*
Original Principal Balance: $82,500.00
Outstanding Principal Balance: $65,238.66
*Rerecorded June 8, 2005 as Reception No. 531977 to correct the legal description.
PURSUANT to C.R.S. 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 installments of principal and interest, together with other payments provided for in the evidence of debt secured by the Deed of Trust and other violations of the terms thereof. This is to advise you that a foreclosure proceeding was commenced in the office of the undersigned Public Trustee on February 28, 2013.
THE DEED OF TRUST BEING FORECLOSED MAY NOT BE A FIRST LIEN.
A TRACT OF LAND IN THE NE/4SE/4 OF SECTION 9, TOWNSHIP 35 NORTH, RANGE 16 WEST, N.M.P.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE NE CORNER OF SAID TRACT WHENCE THE NE CORNER OF SAID SECTION 9 BEARS NORTH 15deg. 51' EAST A DISTANCE OF 2757.9 FEET; THENCE NORTH 89deg. 30' WEST A DISTANCE OF 538.4 FEET TO A POINT ON THE EAST R/W LINE OF U.S. HIGHWAY NO. 666 AS NOW CONSTRUCTED; THENCE SOUTH 26deg. 07' WEST 388.1 FEET ALONG THE R/W LINE OF U.S. HIGHWAY NO 666 TO THE SW CORNER OF SAID TRACT; THENCE SOUTH 89deg. 30' EAST 706.2 FEET TO THE SE CORNER OF SAID TRACT; THENCE NORTH 00deg. 30' EAST 350.00 FEET TO THE POINT OF BEGINNING.
COUNTY OF MONTEZUMA STATE OF COLORADO.
COMMONLY KNOWN AS 6470 HIGHWAY 160, CORTEZ, CO 81321
THE REAL PROPERTY BEING FORECLOSED IS ALL OF THE PROPERTY ENCUMBERED BY 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 a written 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 o'clock A.M. on Wednesday June 26, 2013, at 140 West Main Street, Suite 2, Cortez, CO 81321, County of Montezuma, State of Colorado, sell to the highest and best bidder for cash, the said real property, and all interest of the said Grantor(s), Grantor(s)' heirs, successors and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorney fees, the expenses of sale, and other items allowed by law, and will deliver to the purchaser a Certificate of Purchase, all as provided by law.
*Amended Publication Date
First Publication Date: May 7, 2013
Last Publication Date: June 4, 2013
Name of Publication: Cortez Journal
Number of Clips: 5
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 RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTACHED TO THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
NOTICE OF INTENT TO CURE FILED PURSUANT TO 38-38-104 SHALL BE FILED AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. 38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE.
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.
DATED: February 28, 2013
Sherry Dyess, Public Trustee of Montezuma County, Colorado
/s/ Sherry Dyess
The name, address and telephone number of the attorney(s) representing the legal holder of the indebtedness is: Brian J. Berardini, Reg. No. 10406, BROWN, BERARDINI & DUNNING, P.C., 2000 South Colorado Boulevard, Tower Two, Suite 700, Denver, CO 80222; 303-329-3363. ATTORNEY FILE NO. 3230-034
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.
Published in The Cortez Journal May 7, 14, 21, 28 and June 4, 2013.
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125123
PUBLIC NOTICE
AMENDED
COMBINED NOTICE
(CRS 38-38-103) FORECLOSURE SALE NO. 10-13
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On March 1, 2013, 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 Montezuma records.
Original Grantor(s): JUNE E. THOMPSON
Original Beneficiary(ies): THE CITIZENS STATE BANK OF CORTEZ
Current Holder of Evidence of Debt: THE CITIZENS STATE BANK OF CORTEZ
Date of Deed of Trust: August 23, 2005
County of Recording: MONTEZUMA
Recording Date of Deed of Trust: September 7, 2005
Recording Information: Reception No. 534410
Original Principal Amount: $32,500.00
Outstanding Principal Balance: $22,181.19
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: Default in payment.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
Lot 1, EAGLES NEST SUBDIVISION, PHASE 1, according to the plat thereof filed for record May 22, 2000 in Book 14 at Page 55.
Also known by street and number as: TBD Road 18, Cortez, CO 81321
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
If applicable, a description of any changes to the deed of trust described in the notice of election and demand pursuant to affidavit as allowed by statutes:
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 Wednesday, June 26, 2013, at 140 W. Main St., Suite 2, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Gr+antor(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.
*Amended Publication Date
First Publication: May 7, 2013
Last Publication: June 4, 2013
Name of Publication: Cortez Journal
Number of Clips: 5
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 RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS SHALL BE SENT WITH ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
-- A NOTICE OF INTENT TO CURE FILED PURSUANT TO SECTION 38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDER DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED;
-- A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO SECTION 38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE;
-- 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: March 1, 2013 Sherry Dyess
Public Trustee in and for the County of Montezuma, State of Colorado
By /s/ Sherry Dyess
The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:
Hazen D. Brown, #13159, Kelly R. McCabe, P.C. 22 E. Main St., Cortez, CO 81321 970-565-7209
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.
Published in The Cortez Journal May 7, 14, 21, 28 and June 4, 2013
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125162
PUBLIC NOTICE
COMBINED NOTICE
(CRS 38-38-103) FORECLOSURE SALE NO. 12-13
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On March 1, 2013, 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 Montezuma records.
Original Grantor(s): JUNE E. THOMPSON
Original Beneficiary(ies): THE CITIZENS STATE BANK OF CORTEZ
Current Holder of Evidence of Debt: THE CITIZENS STATE BANK OF CORTEZ
Date of Deed of Trust: January 13, 2005
County of Recording: MONTEZUMA
Recording Date of Deed of Trust: January 19, 2005
Recording Information: Reception No. 528594
Original Principal Amount: $32,062.50
Outstanding Principal Balance: $20,292.35
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: Default in payment.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
Lot 7, EAGLES NEST SUBDIVISION, PHASE 1, according to the plat thereof filed for record May 22, 2000 in Book 14 at Page 55.
Also known by street and number as: To Be Determined, Road 18, Cortez, CO 81321.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
If applicable, a description of any changes to the deed of trust described in the notice of election and demand pursuant to affidavit as allowed by statutes:
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 Wednesday, June 26, 2013, at 140 W. Main St., Suite 2, 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: May 7, 2013
Last Publication: June 4, 2013
Name of Publication: Cortez Journal
Number of Clips: 5
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 RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS SHALL BE SENT WITH ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
-- A NOTICE OF INTENT TO CURE FILED PURSUANT TO SECTION 38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDER DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED;
-- A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO SECTION 38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE;
-- 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: March 1, 2013 Sherry Dyess
Public Trustee in and for the County of Montezuma, State of Colorado
By /s/ Sherry Dyess
The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:
Hazen D. Brown, #13159, Kelly R. McCabe, P.C. 22 E. Main St., Cortez, CO 81321 970-565-7209
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.
Published in The Cortez Journal May 7, 14, 21, 28 and June 4, 2013.
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125178
PUBLIC NOTICE
COMBINED NOTICE
(CRS 38-38-103) FORECLOSURE SALE NO. 11-13
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On March 1, 2013, 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 Montezuma records.
Original Grantor(s): JUNE E. THOMPSON
Original Beneficiary(ies): THE CITIZENS STATE BANK OF CORTEZ
Current Holder of Evidence of Debt: THE CITIZENS STATE BANK OF CORTEZ
Date of Deed of Trust: August 23, 2005
County of Recording: MONTEZUMA
Recording Date of Deed of Trust: September 7, 2005
Recording Information: Reception No. 534406
Original Principal Amount: $36,000.00
Outstanding Principal Balance: $24,282.18
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: Default in payment.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
Lot 3, EAGLES NEST SUBDIVISION, PHASE 1, according to the plat thereof filed for record May 22, 2000 in Book 14 at Page 55.
Also known by street and number as: TBD Road 18, Cortez, CO 81321.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
If applicable, a description of any changes to the deed of trust described in the notice of election and demand pursuant to affidavit as allowed by statutes:
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 Wednesday, June 26, 2013, at 140 W. Main St., Suite 2, 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: May 7, 2013
Last Publication: June 4, 2013
Name of Publication: Cortez Journal
Number of Clips: 5
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 RIGHT TO CURE A DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS SHALL BE SENT WITH ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
-- A NOTICE OF INTENT TO CURE FILED PURSUANT TO SECTION 38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE AT LEAST FIFTEEN (15) CALENDER DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED;
-- A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO SECTION 38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE;
-- 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: March 1, 2013 Sherry Dyess
Public Trustee in and for the County of Montezuma, State of Colorado
By /s/ Sherry Dyess
The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:
Hazen D. Brown, #13159, Kelly R. McCabe, P.C. 22 E. Main St., Cortez, CO 81321 970-565-7209
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.
Published in The Cortez Journal May 7, 14, 21, 28 and June 4, 2013.
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125292
NOTICE OF SHERIFF'S SALE
By virtue of an execution issued out of the Arapahoe County Court, County of Arapahoe, Colorado, Case No. 2012C324821 in favor of Peter J. Welsby against the personal property of Robin T. Johnson and to me directed and delivered,
PLEASE TAKE NOTICE that I will sell to the highest and best bidder in cash, as the law directs, at public auction at the Montezuma County Sheriff's Office, 730 E. Driscoll Street, Cortez, Colorado 81321 (the Sheriffs telephone number 970/565-8542) on the 2nd day of July 2013, at 10:00 AM, the following described personal property:
2006 Jeep Wrangler (VIN 1J4FA39S46P736365)
THE PERSONAL PROPERTY DESCRIBED HEREIN IS ALL OF THE PERSONAL PROPERTY DESCRIBED IN THE SUBJECT JUDGEMENT.
First Publication: May 10, 2013
Last Publication: June 18, 2013
Name of Publication: The Cortez Journal
NOTICE OF RIGHTS
YOU MAY HAVE A PERSONAL INTEREST IN THE PERSONAL PROPERTY WHICH IS THE SUBJECT OF THIS JUDGEMENT PURSUANT TO COLORADO STATUTES OR YOU MAY HAVE THE RIGHT TO CURE A DEFALT UNDER THE SUBJECT OF THIS JUDGEMENT.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. 38-38-104 SHALL BE FILED WITH THE SHERIFF AT LEAST FIFTEEN (15) CALENDAY DAYS PRIOR TO THE SCHEDUED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R. S. 38-38-302 SHALL BE FILED WITH THE SHERRIF WITHIN EIGHT (8) BUSINESS DAYS FOLLOWING THE SALE.
The name, address, telephone number and bar registration number of the attorney representing the legal holder of the indebtedness is:
William H. Zimmerling
3200 Cherry Creek South Drive, Suite 660 Denver, CO 80209
(303) 350-1060
Atty. Reg. #: 42018
Dated: ___________________
Sheriff Dennis Spruell
Sheriff of the County of Montezuma, Colorado
Published in the Cortez Journal on May 10, 14, 17, 21, 24, 28, 31, and June 4, 11, 18, 2013.
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126112
PUBLIC NOTICE
AMENDED
COMBINED NOTICE MONTEZUMA COUNTY PUBLIC TRUSTEE
SALE NO. 13-13
This Notice concerns the Deed of Trust ("Trust Deed") described as follows:
Grantor: Mark T Machale and Laurelee Machale
Original Beneficiary: Wachovia Mortgage Corporation
Current Owner of the Evidence of Debt: Sparta GP Holding, LLC
Date of Deed of Trust: February 19, 2008
Recording Date of Deed of Trust: March 20, 2008
Original Principal Amount of Evidence of Debt: $332,000.00
Outstanding Principal Amount of Evidence of Debt as of the date hereof: $308,532.27
County of Recording: Montezuma
Recorded Deed of Trust: as Reception No. 555105
Legal Description of Real Property: The land referred to in this policy is situated in the State of CO, County of MONTEZUMA, City of DOLORES and described as follows:
All the real property, together with improvements, if any, situate, lying and being in the said County of Montezuma and State of Colorado described as follows:
Lot 26, Green Acres, according to the Second Amended Plat thereof filed for record August 17, 1979 in Book 10 at Page 19, County of Montezuma, State of Colorado.
Together with two (2) shares of irrigation water in the Green Acres Water Users Association.
WITH THE APPURTENANCES THERETO.
APN: R002217
Also known as: 24149 Road S.6, Dolores, CO 81323
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.THE LIEN OF THE DEED OF TRUST TO BE FORECLOSED MAY NOT BE A FIRST LIEN.
YOU ARE NOTIFIED AS FOLLOWS:
The Holder of the debt secured by the Deed of Trust declares a violation of the covenants of said Deed of Trust for reasons including, but not limited to, the failure to make payments as provided for in the Deed of Trust and Negotiable Instrument.
The Holder of the Debt secured by the Deed of Trust has filed a written Notice of Election and Demand for sale with the undersigned Public Trustee under the terms of the Deed of Trust.
A notice of Intent to Cure filed pursuant to Colorado Revised Statutes 38-38-104 shall be filed with the undersigned at least 15 calendar days prior to the first scheduled sale date or any date to which the sale is continued.
A notice of Intent to Redeem pursuant to Colorado Revised Statutes 38-38-302 shall be filed with the undersigned no later than 8 business days after the sale.
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.
The name, address and telephone number of each attorney (if any) representing the Holder of the Debt is as follows:
Robert J. Aronowitz, Esq.Reg. No. 5673 Joan Olson, Esq. Reg. No. 28078
Monica Kadrmas, Esq.Reg. No. 34904 Emily Jensik, Esq. Reg. No. 31294
Lisa Cancanon, Esq.Reg. No. 42043 Jennifer H. Trachte, Esq.Reg. No. 40391
Catherine A. Hildreth, Esq.Reg. No. 40975 Andrea Rickles-Jordan, Esq.Reg No. 39005
Aronowitz & Mecklenburg, LLP
1199 Bannock Street, Denver, Colorado 80204
(303) 813-1177
NOTICE OF SALE
The undersigned will on Wednesday, July 3, 2013, at 10:00 a.m. at 140 West Main Street, Suite 2, Cortez, CO 81321, sell the Property at public auction to the highest bidder who has submitted bid funds to the undersigned as specified by C.R.S. 38-38-106(7) to pay the Debt and certain other sums, all as provided by applicable law and the Deed of Trust.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE.
DATED: March 5, 2013.
Sherry Dyess
Public Trustee of Montezuma County
By: /s/ Sherry Dyess
Public Trustee
First Publication: May 14, 2013
Final Publication: June 11, 2013
Publisher: Cortez Journal
Published in Cortez Journal May 14, 21, 28 and June 4, 11, 2013
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126334
NOTICE OF FINAL PAYMENT
BY THE CITY OF CORTEZ
Notice is hereby given that final payment will be made on or about June 27, 2013, on a contract dated June 19, 2012, between the City of Cortez and Weeminuche Construction Authority, for the 2012 Golf Maintenance Building Project.
All persons, companies, or corporations that have furnished labor, materials, supplies, or services used by Weeminuche Construction Authority. in connection with said contract, and whose claim has not been paid by the contractor shall, on or before the 14th day of June, 2013, file with the City of Cortez, City Clerk's Office, 210 East Main, Cortez, Colorado 81321, a certified statement of the amount due. Failure on the part of the claimant to file such settlement will relieve the City of Cortez from any and all liability for such claim.
Published in the Cortez Journal on May 14, 17, and 24, 2013.
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126867
PUBLIC NOTICE
AMENDED
AMENDED COMBINED NOTICE MONTEZUMA COUNTY PUBLIC TRUSTEE
Re-Noticed and republished to restart foreclosure stayed by bankruptcy and to reset the sale date
SALE NO. 75-12
This Notice concerns the Deed of Trust ("Trust Deed") described as follows:
Grantor: Steven M. Corser and Mila P Aguirre
Original Beneficiary: Mortgage Electronic Registration Systems, Inc., acting solely as nominee for IndyMac Bank, F.S.B.
Current Owner of the Evidence of Debt: Deutsche Bank National Trust Company, as Trustee of the IndyMac INDX Mortgage Loan Trust 2005-AR13, Mortgage Pass-Through Certificates, Series 2005-AR13 under the Pooling and Servicing Agreement dated June 1, 2005
Date of Deed of Trust: May 23, 2005
Recording Date of Deed of Trust: May 23, 2005
Original Principal Amount of Evidence of Debt: $180,000.00
Outstanding Principal Amount of Evidence of Debt as of the date hereof: $180,000.00 County of Recording: Montezuma
Recorded Deed of Trust: as Reception No. 531558
Legal Description of Real Property:
LOTS 5, 6, 7 AND 8, BLOCK 3, TIBBITS-REYNOLDS ADDITION TO THE TOWN OF DOLORES, AS PER THE PLAT OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER. COUNTY OF MONTEZUMA STATE OF COLORADO. Also known as: 103 North 20th Street, Dolores, CO 81323
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
THE LIEN OF THE DEED OF TRUST TO BE FORECLOSED MAY NOT BE A FIRST LIEN.
YOU ARE NOTIFIED AS FOLLOWS:
The Holder of the debt secured by the Deed of Trust declares a violation of the covenants of said Deed of Trust for reasons including, but not limited to, the failure to make payments as provided for in the Deed of Trust and Negotiable Instrument.
The Holder of the Debt secured by the Deed of Trust has filed a written Notice of Election and Demand for sale with the undersigned Public Trustee under the terms of the Deed of Trust.
A notice of Intent to Cure filed pursuant to Colorado Revised Statutes 38-38-104 shall be filed with the undersigned at least 15 calendar days prior to the first scheduled sale date or any date to which the sale is continued.
A notice of Intent to Redeem pursuant to Colorado Revised Statutes 38-38-302 shall be filed with the undersigned no later than 8 business days after the sale.
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.
The name, address and telephone number of each attorney (if any) representing the Holder of the Debt is as follows:
Robert J. Aronowitz, Esq.Reg. No. 5673 Joan Olson, Esq. Reg. No. 28078
Monica Kadrmas, Esq.Reg. No. 34904 Emily Jensik, Esq. Reg. No. 31294
Lisa Cancanon, Esq.Reg. No. 42043 Jennifer H. Trachte, Esq.Reg. No. 40391
Catherine A. Hildreth, Esq.Reg. No. 40975 Andrea Rickles-Jordan, Esq.Reg No. 39005
Aronowitz & Mecklenburg, LLP
1199 Bannock Street, Denver, Colorado 80204
(303) 813-1177
NOTICE OF SALE
The undersigned will on Wednesday, July 10, 2013, at 10:00 a.m. at 140 West Main Street, Suite 2, Cortez, CO 81321, sell the Property at public auction to the highest bidder who has submitted bid funds to the undersigned as specified by C.R.S. 38-38-106(7) to pay the Debt and certain other sums, all as provided by applicable law and the Deed of Trust.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE.
DATED: March 8, 2013.
Sherry Dyess
Public Trustee of Montezuma County
By: /s/ Sherry Dyess
Public Trustee
*Amended Publication Date
First Publication: May 21, 2013
Final Publication: June 18, 2013
Publisher: Cortez Journal
Published in The Cortez Journal May 21, 28 and June 4, 11, 18, 2013.
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126870
PUBLIC NOTICE
COMBINED NOTICE MONTEZUMA COUNTY PUBLIC TRUSTEE
FORECLOSURE NO. 14-13
To Whom It May Concern: This Notice is given with regard to the following Deed of Trust:
On March 13, 2013, 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 Montezuma records.
Original Grantor: Residential Building Systems, Inc.
Original Beneficiary: First Southwest Bank
Current Holder ("Holder") of evidence of debt ("Debt") secured by the Trust Deed: First Southwest Bank
Date of Deed of Trust: February 5, 2008
Deed of Trust recording information: February 6, 2008
Reception No. 554239
County of Recording: Montezuma
Original principal balance of Debt: $680,520.00
Principal balance of Debt on the date of this Notice: $584,456.41
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 off the loan on December 31, 2012, as provided for in the Evidence of Debt secured by the Deed of Trust and other violations thereof.
THE LIEN OF THE DEED OF TRUST BEING FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY PRESENTLY ENCUMBERED BY THE DEED OF TRUST.
The Southwest Quarter (SW/4), the Northwest Quarter of the Southwest Quarter (NW/4SE/4) of Section 15; and that part of the Southwest Quarter of the Northwest Quarter (SW/4NW/4) of Section 15, all in Township 36 North, Range 15 West, N.M.P.M. and being more particularly described as follows:
Beginning at a point 383 feet East of the West Quarter Corner of Section 15; thence East along the center line of said Section 15 to a point where the Highland Canal of the Montezuma Valley Irrigation Company crosses said line, thence in a Northwesterly direction following the South line of said Canal to a point where it is crossed by the present county road constructed across said Section 15; thence following the East line of said road in Southwesterly direction to the place of beginning.
Less and except any portion of subject property as conveyed in Deed recorded in Book 625 at Page 28.
Also less and except any portion of subject property lying in or being used as a county road.
Also less and except Lot 1, Saddle Ridge, Phase 1 of 3, a Major Impact Subdivision, according to the plat thereof filed for record May 11, 2010 in Book 17 at Page 57, said Lot 1 being partially released in instrument recorded June 21, 2010 as Reception No. 571372.
Also less and except Lot 2, Saddle Ridge, Phase 1 of 3, a Major Impact Subdivision, according to the plat thereof filed for record May 11, 2010 in Book 17 at Page 57, said Lot 2 being partially released in instrument recorded June 21, 2010 as Reception No. 571371.
Also less and except Lot 16, Saddle Ridge, Phase 1 of 3, a Major Impact Subdivision, according to the plat thereof filed for record May 11, 2010 in Book 17 at Page 57, said Lot 16 being partially released inn instrument recorded May 2, 2012 as Reception No. 582443.
Together with all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights).
NOTICE OF SALE
The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed written 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 Wednesday, July 10, 2013, at the Montezuma County Treasurer's Office located at 140 W. Main, Suite 2, Cortez, Colorado, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor, 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.
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 RIGHT TO CURE A DEFULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS, IS ATTCHED TO ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES.
A NOTICE OF INTENT TO CURE FILED PURSUANT TO SECTION 38-38-104 SHALL BE FILED WITH THE PUBLIC TRUSTEE 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 PUSUANT TO SECTION 38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE WITHIN EIGHT (8) BUSINESS DAYS FOLLOWING THE SALE.
The name, address and telephone number and Colorado bar registration number of each attorney representing the Holder of the Debt is as follows:
John Barlow Spear, Colo. Reg. No. 13878
Shay L. Denning, Colo. Reg. No. 36736
Maynes, Bradford, Shipps and Sheftel, LLP
835 E. Second Avenue, Suite 123
P.O. Box 2717
Durango CO 81301/81302
(970)247-1755
THE ATTORNEY NAMED ABOVE IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT; ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE.
DATED: March 13, 2013
MONTEZUMA COUNTY PUBLIC TRUSTEE
by: /s/ Sherry Dyess
Public Trustee
First Publication Date: May 21, 2013
Last Publication Date: June 18, 2013
Name of Publication: Cortez Journal
Attachments: C.R.S. 38-37-108, 38-38-103, 38-38-104, 38-38-301, 38-38-302, 38-38-304, 38-38-305, and 38-38-306
Published in The Cortez Journal May 21, 28 and June 4, 11, 18, 2013.
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127035
PUBLIC NOTICE
COMBINED NOTICE - PUBLICATION
To whom it may concern: This Notice is given with regard to the following described Deed of Trust:
Public Trustee's Foreclosure Sale No. 16-13 was commenced on March 22, 2013 in the office of the undersigned Public Trustee relating to the Deed of Trust described below:
Original Grantor(s): Andreas M. Berger and Elisabeth L. Berger
Original Beneficiary: Vectra Bank Colorado, NA
Current Holder of Evidence of Debt: Nationstar Mortgage LLC
Date of Deed of Trust: November 8, 2007
County of Recording: Montezuma
Recording Date of Deed of Trust: November 14, 2007
Recording Information: At Reception No. 552743
Original Principal Balance: $371,000.00
Outstanding Principal Balance: $349,042.93
Pursuant to C.R.S. 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 DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
TRACT I
A tract of land in the NE1/4SE1/4 of Section 17, Township 36 North, Range 15 West, N.M.P.M., being more particularly described as follows:
BEGINNING at a point on the West right of way line of County Road 29 in the NE1/4SE1/4 of said Section 17, from which point the Northeast Corner of said Section 17 bears North 06deg. 44' 00" East a distance of 3352.76 feet (record 3353.76 feet)
THENCE West a distance of 493.95 feet;
THENCE South 71deg. 31' 00" West a distance of 98.40 feet;
THENCE South 85deg. 16' 00" West a distance of 158.15 feet;
THENCE South a distance of 179.31 feet;
THENCE East a distance of 637.30 feet to the West right of way line of County Road 29;
THENCE North 25deg. 42' 00" East a distance of 248.10 feet along the West right of way line of County Road 29 to the point of beginning.
TRACT II
A tract of land in the NE1/4SE1/4 of Section 17, Township 36 North, Range 15 West, N.M.P.M., being more particularly described as follows:
BEGINNING at a point on the West right of way line of County Road 29 in the NE1/4SE1/4 of said Section 17, from which point the Northeast Corner of said Section 17 bears North 08deg. 01' 14" East a distance of 3589.30 feet (as consistent with deed of record) and North 07deg. 57' 13" East a distance of 3572.57 feet to the new location corner as of March 1983;
THENCE West a distance of 637.30 feet;
THENCE South a distance of 330.00 feet;
THENCE East a distance of 486.47 feet to the West right of way line of County Road 29;
THENCE North 24deg. 24' 00" East a distance of 317.66 feet along the West right of way line of County Road 29;
THENCE North 25deg. 42' 00" East a distance of 45.18 feet along the West right of way line of County Road 29 to the point of beginning.
WHICH HAS THE ADDRESS OF 11493 Road 29, Cortez, CO 81321
IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARITES ENTITLED TO CURE MAY ALSO BE EXTENDED.
NOTICE OF SALE
The current Holder of the Evidence of Debt secured by the Deed of Trust described herein, has filed written 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 am on Wednesday, July 17, 2013, at 140 West Main Street, Suite 2, Cortez, Colorado, 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 deliver to the purchaser a Certificate of Purchase, all as provided by law.
First Publication: May 24, 2013
Last Publication: June 21, 2013
Name of Publication: Cortez Journal
DATE: March 22, 2013
Public Trustee of Montezuma County, State of Colorado
/s/ Sherry Dyess
By: Sherry Dyess, Public Trustee
The name, address and telephone number of the attorneys representing the legal holder of the indebtedness is:
The Castle Law Group, LLC, 999 18th Street, Suite 2201, Denver, CO 80202, (303) 865-1400
THE LAW FIRM OF THE CASTLE LAW GROUP, LLC MAY BE ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION PROVIDED MAY BE USED FOR THAT PURPOSE.
Published in the Cortez Journal May 24, 31 and June 7, 14, 21, 2013.
© The Cortez Journal