COMBINED NOTICE - PUBLICATION
CRS 38-38-103 FORECLOSURE SALE NO. 2018-036
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On August 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) DSM LAND, LLC
Original Beneficiary(ies) LARRY D SIMMONS
Current Holder of Evidence of Debt LARRY D SIMMONS
Date of Deed of Trust February 20, 2013
County of Recording La Plata
Recording Date of Deed of Trust February 20, 2013
Recording Information (Reception No. and/or Book/Page No.) 1060978
Original Principal Amount $760,000.00
Outstanding Principal Balance $760,000.00
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 SE1/4SW1/4 of Section 19, and the NE1/4NW1/4 of Section 30, Township 34 North, Range 9 West, N.M.P.M., La Plata County, Colorado;
ALSO a tract of land in the NE1/4SW1/4 Section 19, Township 34 North, Range 9 West, N.M.P.M. and being more particularly described as follows, to wit:
BEGINNING in the Southeast Corner of the NE1/4SW1/4,
Thence North 0deg. 37 East, 375 feet;
Thence West 60 feet;
Thence South 0deg. 37 West, 375 feet;
Thence North 89deg. 40 East 60 feet to the point of beginning. TOGETHER WITH non-exclusive easements as described in Reception Nos. 416802, 418021 and 482245.
FURTHER TOGETHER WITH but as to which Grantor makes no warranty as to title, any and all water and water rights, appropriated, adjudicated or historically used on or for the benefit of, or in connection with activities conducted on lands conveyed hereby, subject to such agreements, orders and restrictions as may be in place for the purpose of delivery, use and transfer of said water.
SUBJECT TO building, zoning and platting laws, ordinances and state and federal regulations; discrepancies, conflicts in boundary line, shortage in area, encroachments, and any facts which a correct survey and inspection of the property would disclose; ditch and water rights, claims or title to same; all existing roads, highways, pipelines, utilities and rights of way and easements therefor; all prior reservations, exceptions and conveyances of oil, gas, coal and other minerals and interests therein and easements with respect thereto; reservations and rights of way contained in U.S. Patents; any tax, assessment, fees or charges, by reason of the inclusion of the subject property in the La Plata/Archuleta Water District; the terms, conditions, provisions, restrictions, obligation and effect of any declaration of covenants, access limitation or restriction of record or as such may appear on the ground; reservations contained in Deed from Simmons Land Company, LLLP to grantor of this Deed of Trust of even date herewith.
Also known by street and number as: vacant land, Durango, CO 81301.
Also known by street and number as: Vacant Land, DURANGO, CO 81301.
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, 04/03/2019, 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.
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:
Dugan & Associates, PC 900 Main Ave., Suite A, Durango, CO 81301 (970) 259-1770
Attorney File # 3954-2
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.