COMBINED NOTICE MONTEZUMA COUNTY PUBLIC TRUSTEE
FORECLOSURE NO. 25-18
To Whom It May Concern: This Notice is given with regard to the following Deed of Trust:
On October 1, 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 Montezuma records.
Original Grantor(s): Galen Mark Rodgers a/k/a Mark Rodgers and Anita Rodgers
Original Beneficiary: Four Corners Community Bank
Current Holder (Holder) of evidence of debt (Debt) secured by the Trust Deed: Four Corners Community Bank
Date of Deed of Trust: December 19, 2014
Deed of Trust recording information: December 23, 2014
Reception No. 597899
County of Recording: Montezuma
Original principal balance of Debt: $659,854.65
Principal balance of Debt on the date of this Notice: $606,011.65
Description of property (Property) presently encumbered by Trust Deed:
Lots 1, 2, 3, and 4, Block 4, Veach Subdivision, a part of the Eastern Addition to the City of Cortez, according to the plat thereof filed for record May 28, 1958 in Plat Book 8 at Page 6 in the office of the Clerk and Recorder.
Lots 13, 14, 15, and 16, inclusive, Block 5, Veach Subdivision, a part of the Eastern Addition to the City of Cortez, according to the plat thereof filed for record May 28, 1958 in Plat Book 8 at Page 6 in the office of the Clerk and Recorder.
The Property is located in Montezuma County at 5 S Veach St & 76 S Veach St, Cortez, Colorado 81321.
Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion payments or third party payments made to crop producers, all water and riparian rights, wells, ditches, reservoirs and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described.
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 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.
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, January 23, 2019, at the Montezuma County Treasurers Office located at 140 W. Main Street, Suite 2, Cortez, CO 81321, 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.
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 ATTACHED 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.
IF THE BORROWER BELIEVES THAT A LENDER OF SERVICER HAS VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN SECTION 38-38-103.1 OR THE PROHIBITION ON DUAL TRACKING IN SECTION 38-38-103.2, THE BORROWER MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL, THE FEDERAL CONSUMER FINANCIAL PROTECTION BUREAU (CFPB), OR BOTH. THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS.
Colorado Attorney General
1300 Broadway, 10th Floor
Denver, Colorado 80203
Federal Consumer Financial Protection Bureau
P.O. Box 4503
Iowa City, Iowa 52244
The name, address and telephone number and Colorado bar registration number of each attorney representing the Holder of the Debt is as follows:
Shay L. Denning, Colo.
Reg. No. 36736
Maynes, Bradford, Shipps and Sheftel, LLP
835 E. Second Avenue,
Durango CO 81301
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: October 1, 2018
MONTEZUMA COUNTY PUBLIC TRUSTEE Sherry Dyess
by: /s/ Sherry Dyess
First Publication Date: November 27, 2018
Last Publication Date: December 25, 2018
Name of Publication: The Journal
Attachments: C.R.S. 38-38-103, 38-38-103.1, 38-38-103.2
Published in The Journal November 27 and December 4, 11, 18, 25, 2018.