COMBINED NOTICE - PUBLICATION
CRS 38-38-103 FORECLOSURE SALE NO. 2018-042
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On September 20, 2018, 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 La Plata records.
Original Grantor(s) John E Neiberger
Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., as nominee for Union Federal Bank of Indianapolis
Current Holder of Evidence of Debt U.S. Bank National Association, as Trustee for Bear Steams Asset Backed Sercurities I Trust 2005-AC7, Asset-Backed Certificates, Series 2005-AC7
Date of Deed of Trust July 25, 2005
County of Recording La Plata
Recording Date of Deed of Trust July 29, 2005
Recording Information (Reception No. and/or Book/Page No.) 914455
Original Principal Amount $295,000.00
Outstanding Principal Balance $232,492.46
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. Therefore, the current holder of the Evidence of Debt has elected to accelerate the entire indebtedness.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
A TRACT OF LAND LYING AND BEING IN THE SW1/4SW1/4 OF SECTION 33, TOWNSHIP 33 NORTH, RANGE 6 WEST, N.M.P.M., LA PLATA COUNTY, COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTERLINE OF AN EXISTING ROAD FROM WHICH POINT THE W1/4 CORNER OF SAID SECTION 33 BEARS NORTH 00 DEGREES 10 MINUTES 51 SECONDS EAST A DISTANCE OF 1366.43 FEET;
THENCE SOUTH 15 DEGREES 45 MINUTES 00 SECONDS EAST A DISTANCE OF 425.73 FEET ALONG SAID CENTERLINE;
THENCE SOUTH 07 DEGREES 46 MINUTES 00 SECONDS WEST A DISTANCE OF 810.65 FEET ALONG SAID CENTERLINE TO THE SW CORNER OF SAID SECTION 33;
THENCE NORTH 88 DEGREES 41 MINUTES 26 SECONDS EAST A DISTANCE OF 1307.05 FEET ALONG THE SOUTH LINE OF SAID SECTION 33 TO THE SE CORNER OF THE SW1/4SW1/4 OF SAID SECTION 33;
THENCE NORTH 1235.17 FEET ALONG THE EAST LINE OF THE SAID SW1/4SW1/4 TO THE NE CORNER OF SAID SW1/4SW1/4
THENCE NORTH 89 DEGREES 54 MINUTES 30 SECONDS WEST A DISTANCE OF 1312.81 FEET ALONG THE NORTH LINE OF SAID SW1/4SW1/4 TO THE NW CORNER OF SAID SW1/4SW1/4;
THENCE SOUTH 00 DEGREES 05 MINUTES 39 SECONDS EAST A DISTANCE OF 54.18 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH A NON-EXCLUSIVE ACCESS EASEMENT, 30 FEET WIDE, FOR THE BENEFICIAL USE OF AND TO BE USED JOINTLY BY THE GRANTOR AND GRANTEE, THEIR SUCCESSORS, HEIRS AND ASSIGNS, THE CENTERLINE OF SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTERLINE OF LA PLATA COUNTY ROAD NO. 330, FROM WHICH POINT THE W1/4 CORNER OF SAID SECTION 33 BEARS NORTH 00 DEGREES 22 MINUTES 04 SECONDS EAST A DISTANCE OF 3907.63 FEET;
THENCE NORTH 01 DEGREES 09 MINUTES 20 SECONDS EAST A DISTANCE OF 1328.44 FEET;
THENCE NORTH 07 DEGREES 46 MINUTES 00 SECONDS EAST A DISTANCE OF 810.65 FEET;
THENCE NORTH 15 DEGREES 45 MINUTES 00 SECONDS WEST A DISTANCE OF 425.73 FEET TO THE POINT OF TERMINATION, FROM WHICH POINT THE W1/4 CORNER OF SAID SECTION 33 BEARS NORTH 00 DEGREES 10 MINUTES 51 SECONDS EAST A DISTANCE OF 1366.43 FEET.
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 Wednesday, 01/23/2019, at Office of the Treasurer/Public Trustee, 1060 Main Ave., Suite 103, Durango, CO 81301, 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 11/28/2018
Last Publication 12/26/2018
Name of Publication The Durango Herald
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;
Allison Aichele, Public Trustee in and for the County of La Plata, State of Colorado
/s/ Patricia Lenahan
By: Deputy Public Trustee
The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:
McCarthy & Holthus, LLP 7700 E Arapahoe Road, Suite 230, Centennial, CO 80112 (877) 369-6122
Attorney File # CO-18-837873-LL
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.