331960 AMENDED PUBLIC NOTICE

Details
$575,000
Placed on 11/18/2020
|
Views: 1661
331960
AMENDED
PUBLIC NOTICE
COMBINED NOTICE
(CRS 38-38-103) FORECLOSURE
SALE NO. 7-20
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On May 28, 2020, 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): HTHT LLC
Original Beneficiary(ies): DAVID WILLIAM TALBOTT AS TO AN UNDIVIDED 25% INTEREST, TARASHAWN KINSER AS TO AN UNDIVIDED 25% INTEREST, LEN E. WUNDERWALD AS TO AN UNDIVIDED 25% INTEREST, LEW E. WUNDERWALD AS TO AN UNDIVIDED 25% INTEREST
Current Holder of Evidence of Debt: DAVID WILLIAM TALBOTT AS TO AN UNDIVIDED 25% INTEREST, TARASHAWN KINSER AS TO AN UNDIVIDED 25% INTEREST, LEN E. WUNDERWALD AS TO AN UNDIVIDED 25% INTEREST, LEW E. WUNDERWALD AS TO AN UNDIVIDED 25% INTEREST
Date of Deed of Trust: JUNE 5, 2019
County of Recording: MONTEZUMA
Recording Date of Deed of Trust: JUNE 6, 2019
Recording Information: Reception No. 623277
Original Principal Amount: $575,000.00
Outstanding Principal Balance: $575,000.00
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 of thereof.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.

TRACT I

Lots 1, 2, 3 and 4; the S1/2NW1/4 and the S1/2NE1/4 of Section 5, Township 37 North, Range 12 West, N.M.P.M.

TOGETHER WITH easement as described in instrument recorded August 28, 2013 as Reception No. 590770.

Together with all water, water rights, and ditch rights appurtenant to, or historically used upon the property, including, without limitation:
Lots 3-4, S/2NW1/4, E/2 of Section 5, Township 37 North, Range 12 West, N.M.P.M.
Together with Grantors right title and interest in and to the Wattles and Freeman Ditch and the Water Court Decree in Civil Action No. 0473 entered on 2/1/1892
Montezuma County,
State of Colorado.

TRACT II

A tract of land which is the SE1/4NW1/4 and the NE1/4SW1/4 and a portion of the W1/2NE1/4 of Section 8, Township 35 North, Range 13 West, N.M.P.M., being more particularly described as follows:

BEGINNING at the N1/4 Corner of said Section 8:

THENCE South 89deg. 40 12 East a distance of 33.00 feet along the North line of said Section 8 to the NW Corner of Anderson Subdivision;
THENCE South 00deg. 08 58 West a distance of 1324.89 feet along the West line of said Anderson Subdivision to the SW Corner of said Anderson Subdivision;
THENCE South 89deg. 44 46 East a distance of 494.26 feet along the South line of said Anderson Subdivision;
THENCE South 04deg. 49 37 East a distance of 373.77 feet;
THENCE South 24deg. 26 15 East a distance of 95.29 feet;
THENCE South 06deg. 40 14 West a distance of 131.94 feet;
THENCE South 04deg. 44 03 West a distance of 367.42 feet along a fenceline;
THENCE South 45deg. 44 53 East a distance of 370.57 feet along a fenceline;
THENCE South 31deg. 44 10 East a distance of 129.75 feet along a fenceline to the South line of the SW1/4NE1/4 of said Section 8;
THENCE North 89deg. 49 23 West a distance of 889.61 feet along the South line of the SW1/4NE1/4 of said Section 8 to the C1/4 Corner of said Section 8;
THENCE South 00deg. 08 33 West a distance of 1335.39 feet along the East line of the NE1/4SW1/4 of said Section 8;
THENCE South 89deg. 58 54 West a distance of 1328.71 feet along the South line of the NE1/4SW1/4 of said Section 8;
THENCE North 00deg. 05 49 East a distance of 1340.21 feet along the West line of the NE1/4SW1/4 of said Section 8 to the NW Corner of the NE1/4SW1/4 of said Section 8;
THENCE North 00deg. 21 34 East a distance of 1326.69 feet along the West line of the SE1/4NW1/4 of said Section 8;
THENCE South 89deg. 44 06 East a distance of 1324.91 feet along the North line of the SE1/4NW1/4 of said Section 8 to the NE Corner of the SE1/4NW1/4 of said Section 8;
THENCE North 00deg. 08 57 East a distance of 1324.94 feet along the West line of the NW1/4NE1/4 of said Section 8 to the point of beginning.

AND

A tract of land in the S1/2NE1/4 and the NE1/4SE1/4 of Section 8, Township 35 North, Range 13 West, N.M.P.M., being more particularly described as follows:

BEGINNING at the NW Corner of the NE1/4SE1/4 of said Section 8, a BLM brass cap;

THENCE South 00deg. 06 29 West a distance of 1330.85 feet along the West line of the NE1/4SE1/4 of said Section 8;
THENCE South 89deg. 57 16 East a distance of 825.00 feet along the South line of the NE1/4SE1/4 of said Section 8 to the East line of the tract described in Book 429 at Page 29;
THENCE North 14deg. 00 44 West a distance of 993.26 feet along the East line of tract described in Book 429 at Page 29;
THENCE North a distance of 366.00 feet along the East line of tract described in Book 429 at Page 29;
THENCE North 89deg. 49 20 West a distance of 285.00 feet along the East line of tract described in Book 429 at Page 29;
THENCE North 19deg. 48 44 West a distance of 877.88 feet along the East line of tract described in Book 429 at Page 29;
THENCE North 00deg. 02 16 West a distance of 498.17 feet along the East line of SW1/4NE1/4 of said Section 8;
THENCE North 89deg. 44 46 West a distance of 797.11 feet along the North line if the SW1/4NE1/4 of said Section 8;
THENCE South 04deg. 49 37 East a distance of 373.77 feet;
THENCE South 24deg. 26 15 East a distance of 95.29 feet;
THENCE South 06deg. 40 14 West a distance of 131.94 feet;
THENCE South 04deg. 44 03 West a distance of 367.42 feet along a fenceline;
THENCE South 45deg. 44 53 East a distance of 370.57 feet along a fenceline;
THENCE South 31deg. 44 10 East a distance of 129.75 feet along a fenceline to the South line of the SW1/4NE1/4 of said Section 8;
THENCE South 89deg. 49 23 East a distance of 439.08 feet along the South line of the SW1/4NE1/4 of said Section 8 to the point of beginning.

TRACT III

A non-exclusive easement for access and utilities in the W1/2NE1/4 of Section 8, Township 35 North, Range 13 West, N.M.P.M., more particularly described in instrument recorded September 7, 1993 in Book 678 at Page 42.

Together with all water, water rights, and ditch rights appurtenant to, or historically used upon the property, including, without limitation:
60 share of the Root and Ratliff Ditch Company.
Use of 84 acre feet of Mancos Project Water on an annual basis.

Which has a street address of 19602 Road 42, Mancos, CO 81328, 40514 Road G, Mancos CO 81328, and 40676 Road G, Mancos, CO 81328.

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 am on Wednesday, January 6, 2021, at Montezuma County Public Trustee Office, 140 W. Main St., 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.

First Publication: November 18, 2020
Last Publication: December 16, 2020
Number of Clips: 5
Name of Publication: The Journal

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;

DATE: MAY 28, 2020
ELLEN BLACK
MONTEZUMA COUNTY PUBLIC TRUSTEE, STATE OF COLORADO
By: /s/ Ellen Black
Public Trustee
The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is: Douglas W. Brown #10429, Brown Dunning Walker Fein PC, 2000 South Colorado Blvd., Tower Two, Suite 700, Denver, CO 80222; (303) 329-3363, Attorney File #4007-004
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.
Published in The Journal November 18, 25 and December 2, 9, 16, 2020.
Find Similar Listings
&icat=Legals &icls=108 1010 Private Legals Legals 108 Legal and Public Notices 319262 Announcements