COMBINED NOTICE OF SALE, RIGHT TO CURE, AND RIGHT TO REDEEM
Sale No. 27-18
This Combined Notice concerns the Deed of Trust described as:
Original Grantor(s): BONNIE J. BOYCE
Original Beneficiary: FIRST MORTGAGE CORPORATION
Current Holder of Evidence of Debt: WELLS FARGO BANK, N.A.
Date of Deed of Trust: April 5, 2002
Date Deed of Trust Recorded: April 10, 2002
County of Recording: Montezuma
Recording: Reception Number 503310
Original Principal Debt: $125,860.00
Outstanding/Unpaid Principal Balance of Debt: $93,476.58
YOU ARE HEREBY NOTIFIED that a foreclosure proceeding was commenced in the office of the undersigned Public Trustee to foreclose the lien of the Deed of Trust described above. The following described property being foreclosed is all of the property encumbered by Deed of Trust:
A tract of land in the N/2SW/4 of Section 16, Township 35 North, Range 16 West, N.M.P.M., being more particularly described as follows:
Beginning at a point in the N/2SW/4 of Section 16, Township 35 North, Range 16 West, N.M.P.M., which is on the East right of way line of U.S. Highway 160-666, from which point the Southwest Corner of said Section 16 bears South 30deg.4906 West a distance of 2815.92 feet;
Thence, North 25deg.0938 East a distance of 219.33 feet along the East right of way line of U.S. Highway 160-666;
Thence, North 89deg.5316 East a distance of 1128.25 feet along a fence which is the North line of the SW/4 of said Section 16 to the C/4 Corner of Section 16 as established by Eggers:
Thence, South 00deg.2353 East a distance of 304.99 feet along a fence to a fence corner;
Thence, South 89deg.3228 West a distance of 1081.90 feet along a fence line;
Thence, North 51deg.2736 West a distance of 181.23 feet along a fence to the point of beginning
TOGETHER WITH a non-exclusive access easement in the N/2SW/4 of Section 16, Township 35 North, Range 16 West, N.M.P.M., being more particularly described as follows:
Beginning at a point where the centerline of said easement lies 65 feet Southeasterly of the Southwest corner of the tract of land described in Book 650 at Page 848;
Thence, Northeasterly 45 feet;
Thence, Northwesterly 65 feet to the East boundary of Highway 160/666.
County of Montezuma,
State of Colorado.
TOGETHER WITH ANY AND ALL WATER, WATER RIGHTS, DITCH, AND DITCH RIGHTS-OF-WAY THEREUNTO APPERTAINING AND USED IN CONNECTION THEREWITH.
You are hereby notified that the covenants of the Deed of Trust have been violated as follows:
Violations including, but not limited to, Borrowers failure to make timely payments as required under the Evidence of Debt and Deed of Trust.
You may have an interest in the real property being foreclosed that may be affected by this foreclosure. You may have the right to cure a default under the above-described Deed of Trust, and you may have the right to redeem the real property being foreclosed. A notice of intent to cure filed pursuant to 38-38-104, Colorado Revised Statutes, shall be filed with the undersigned 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 pursuant to 38-38-302, Colorado Revised Statutes, shall be filed with the undersigned public trustee no later than 8 business days after the sale.
A copy of sections 38-37-108, 38-38-103, 38-38-104, 38-38-301, 38-38-302, 38-38-304, 38-38-305, and 38-38-306 of the Colorado Revised Statutes, as presently comprised, is included with this Combined Notice as required by law. However, your rights may be determined by previous statutes.
Attorney representing the Holder: Janeway Law Firm, P.C., Lynn M. Janeway #15592, 9800 S. Meridian Blvd., Suite 400, Englewood, CO 80112, Phone: (303) 706-9990 Fax: (303) 706-9994 JLF No.: 18-019610
THEREFORE, the undersigned Public Trustee will, at 10:00 AM on Wednesday, January 23, 2019 at the Montezuma County Public Trustee, 140 W. MAIN STREET STE #2, Cortez, CO 81321, sell the property described above, at public auction to the highest bidder who has submitted bid funds to the undersigned Public Trustee as specified by 38-38-106(7), C.R.S. to pay the Debt and certain other sums, all as provided by applicable law and the Deed of Trust, and will deliver to the purchaser a certificate of purchase as provided by law.
THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.
IF THE BORROWER BELIEVES THAT A LENDER OR SERVICER HAS VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN SECTION 38-38-103.1, COLORADO REVISED STATUTES, OR THE PROHIBITION ON DUAL TRACKING IN SECTION 38-38-103.2, COLORADO REVISED STATUTES, THE BORROWER MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL, THE FEDERAL CONSUMER FINANCIAL PROTECTION BUREAU, OR BOTH, AT:
Office of the Attorney General
Ralph L. Carr Colorado Judicial Center
1300 Broadway, 10th Floor
Denver, CO 80203
Phone (720) 508-6000
Consumer Financial Protection Bureau
P.O. Box 4503
Iowa City, Iowa 52244
Phone (855) 411-2372
THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU ARE IN BANKRUPTCY OR THIS DEBT HAS BEEN DISCHARGED IN BANKRUPTCY, THE COLLECTION ACTION DESCRIBED IN THIS NOTICE SHALL BE AGAINST THE REAL PROPERTY THAT SECURES THE DEBT AND NOT AGAINST YOU PERSONALLY.
DATED: October 2, 2018
Montezuma County Public Trustee, State of Colorado
By: /s/ Sherry Dyess
First Publication: November 27, 2018
Last Publication: December 25, 2018
Newspaper: The Journal
Published in The Journal November 27 and December 4, 11, 18 and 25, 2018.