299188 District Court, La Plata

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$542
Placed on 1/9/2019
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299188
District Court, La Plata County, State of Colorado
Court Address: 1060 E 2nd Ave., Rm 106
Durango, CO 81301
Tel. 970.247.2304
Historic Downtown Vacation
Owners Association, Inc.,
Plaintiff
v.
Don S McIntire
Peggy A McIntire
Defendants
Case No.: 2018CV30140
COMBINED NOTICE OF FORECLOSURE SALE OF TIMESHARE INTEREST
AND RIGHTS TO CURE AND REDEEM
This Notice of Public Judicial Foreclosure Sale is given pursuant to the specific assessment lien in the Declaration of Condominium for Fairfield Durango in Historic Downtown Condominium, recorded July 16, 2002, Reception No. 833933, as amended and supplemented from time-to-time, in the office of the County Clerk and Recorder for La Plata County, Colorado.
Under a Judgment and Decree of Foreclosure entered November 3, 2018, 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:

Exhibit A

Don S McIntire & Peggy A McIntire
Units 440-451
A 28,000 / 57,108,000 undivided fee simple absolute ownership interest in Units 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450 and 451 on the 4th floor, as tenants in common with the other undivided interest owners of Fairfield Durango in Historic Downtown Condominium As-Built Plat, as depicted on the Plat recorded July 16, 2002 at Reception Number 833934, subject to the Declaration of Condominium for Fairfield Durango in Historic Downtown Condominium (the Declaration) recorded as Reception Number 833933, and any future supplemental Plats or Declarations thereto, all in the Office of the county Clerk and Recorder in and for La Plata County, Colorado, which undivided interest has been assigned Points Fairshare Plus Points symbolic of said property interest.

The property described above is a/an Annual Ownership interest as described in the Declaration and such ownership interest has been allocated 28,000 Points (as defined in the Declaration of Condominium for Fairfield Durango in Historic Downtown Condominium) for use by the Grantee in See Each year(s).

Matter / Amount
Unpaid Assessments: $541.80
Cost: $487.00
Attorneys Fees: $1,000.00
Total: $2,028.00

Owner(s): Don S McIntire, Peggy A McIntire
Evidence of Debt:
Declaration of Condominium for Fairfield Durango in Historic Downtown Condominium, recorded July 16, 2002, Reception No. 833933, as amended and supplemented from time-to-time, in the office of the County Clerk and Recorder for La Plata County, Colorado.
Current Holder of evidence of debt secured by the Declaration:
Historic Downtown Vacation Owners 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:
Christopher B. Conley, Reg. No. 51651, 700 South 21st Street, Ft. Smith, Arkansas 72901
Association Assessments Due to:
Historic Downtown Vacation Owners Association, Inc.
Debtor(s) & Amount Due: See attached Exhibit A
Amount of Judgment: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 oclock A.M., on Thursday, March 7, 2019, Sale Number: 455, in the Office of the La Plata County Sheriffs Office, 742 Turner Drive, Durango, Colorado, 81303, 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: [January 9, 2019]
Last Publication: [February 6, 2019]
Name of Publication:[The Durango Herald]

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 THE STATUTES WHICH MAY AFFECT YOUR RIGHTS IS ATTACHED HERETO.

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 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 the attorney representing the holder of the evidence of debt are as follows:

Christopher B. Conley, Reg. No. 51651, 700 South 21st Street, Ft. Smith, Arkansas 72901

INTENT TO CURE OR REDEEM, as provided by the aforementioned laws, must be directed to or conducted at the Sheriffs Department for La Plata County Sheriffs Office, 742 Turner Drive, Durango, Colorado, 81303.

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

DATED at La Plata County, Colorado, this 5th day of December, 2018.

By: /s/ Sean M. Smith, Sheriff, La Plata County, Colorado
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