COMBINED NOTICE - PUBLICATION
CRS 38-38-103 FORECLOSURE SALE NO. 2018-053
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On November 27, 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) GLORIA JEAN PHELPS AND RALPH G. PHELPS
Original Beneficiary(ies) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR FIRST GUARANTY MORTGAGE CORPORATION, ITS SUCCESSORS AND ASSIGNS
Current Holder of Evidence of Debt FREEDOM MORTGAGE CORPORATION
Date of Deed of Trust November 28, 2016
County of Recording La Plata
Recording Date of Deed of Trust December 05, 2016
Recording Information (Reception No. and/or Book/Page No.) 1121588
Original Principal Amount $282,440.00
Outstanding Principal Balance $274,374.27
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, pursuant to the Deed of Trust Holder elects to accelerate the Debt; declares the Debt immediately due and payable in full.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
A TRACT OF LAND IN THE EAST HALF OF THE SOUTHEAST QUARTER (E 1/2 SE 1/4 OF SECTION NINE ( 9), TOWNSHIP THIRTY-TWO ( 32) NORTH, RANGE SIX (6) WEST, N.M.P.M., DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT, THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF COLORADO STATE HIGHWAY NO. 151 WITH THE EAST LINE OF SAID SOUTHEAST QUARTER, WHICH IS ALSO THE CENTERLINE OF THE COUNTY ROAD 330, WHENCE THE SOUTH QUARTER CORNER OF SECTION TEN (10), TOWNSHIP THIRTY-TWO (32) NORTH, RANGE SIX (6) WEST, BEARS SOUTH 64deg.14 EAST 2929.70 FEET, A CONCRETE HIGHWAY RIGHT OF WAY MARKER BEARS NORTH 42deg.13 EAST 110.48 FEET.
THENCE SOUTH 00deg.15 WEST 574.91 FEET TO THE CENTER LINE OF RAILROAD RIGHT OF WAY;
THENCE NORTH 81 deg.47 WEST ALONG SAID RAILROAD RIGHT OF WAY CENTER LINE 263.52 FEET;
THENCE NORTH 00deg.17 EAST 625.08 FEET TO THE SOUTH RIGHT OF WAY LINE OF SAID HIGHWAY NO. 172;
THENCE SOUTH 71 deg.21 EAST ALONG SAID SOUTH RIGHT OF WAY LINE 274.65 FEET TO THE POINT OF BEGINNING.
CONTAINING 3.4776 ACRES.
SUBJECT TO RIGHT OF WAYS FOR ROAD, HIGHWAY AND RAILROAD AS ESTABLISHED BY SURVEY. NO OIL, GAS, OR OTHER MINERALS ARE CONVEYED BY THIS DEED, THE SAME HAVING BEEN RESERVED OR HERETOFORE CONVEYED.
A TRACT OF LAND IN THE EAST HALF OF THE SOUTHEAST QUARTER (E 1/2 SE 1/4) OF SECTION NINE (9), TOWNSHIP THIRTY-TWO (32) NORTH, RANGE ,SIX (6) WEST, N.M.P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
BEGINNING AT A POINT, BEING THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF COLORADO STATE HIGHWAY NO. 151 WITH THE EAST LINE OF SAID SOUTHEAST QUARTER (SE 1/4), WHICH IS ALSO THE CENTER LINE OF THE EXISTING COUNTY ROAD 330, WHENCE THE SOUTH QUARTER CORNER OF SECTION TEN (10), TOWNSHIP THIRTY-TWO (32) NORTH, RANGE SIX (6) WEST, N.M.P.M. BEARS SOUTH 64deg.14 EAST A DISTANCE OF 2929. 70 FEET, AND WHICH SAID POINT IS ALSO A POINT FROM WHICH A CONCRETE HIGHWAY RIGHT OF WAY MONUMENT BEARS NORTH 42deg.13 EAST A DISTANCE OF 110.48 FEET;
THENCE NORTH 71deg. 21 WEST A DISTANCE OF 274.65 FEET, BEING THE POINT OF BEGINNING OF THE TRACT HEREBY CONVEYED;
FROM SAID POINT OF BEGINNING OF THE TRACT HEREBY CONVEYED SOUTH 00deg.17 WEST A DISTANCE OF 574.08 FEET;
NORTH 81deg.47 WEST A DISTANCE OF 353.63 FEET;
NORTH 00deg.17 EAST A DISTANCE OF 641.56 FEET;
SOUTH 71deg.21 EAST A DISTANCE OF 369.04 FEET MORE OR LESS TO THE POINT OF BEGINNING OF THE TRACT HEREBY CONVEYED.
CONTAINING 4.8871 ACRES, MORE OR LESS.
TOGETHER WITH ANY AND ALL IMPROVEMENTS THEREON SITUATE.
SUBJECT TO RIGHTS OF WAY FOR ROADS, HIGHWAYS AND RAILROADS EXISTING OR OF RECORD;
EXCLUDING ALL OIL, GAS AND OTHER MINERALS, THE SAME HAVING BEEN PREVIOUSLY RESERVED OR CONVEYED AWAY.
Also known by street and number as: 3626 COUNTY ROAD 330, IGNACIO, CO 81137.
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, 07/10/2019, 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:
David R. Doughty #40042
Janeway Law Firm, P.C. 9800 S. Meridian Blvd., Suite 400, Englewood, CO 80112 (303) 706-9990
Attorney File # 18-020153
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.