PUBLIC NOTICES
Delta County Independent
Public Notices Your Right To Know Legal Deadline is Monday at 10 a.m. COMBINED NOTICE PUBLICATION CRS §38-38-103 FORECLOSURE SALE NO. 2012-0053 To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust: On March 29, 2012, 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 Delta records. Original Grantor(s) MARY K. HIGGS Original Beneficiary(ies) BW MORTGAGE, LLC Current Holder of Evidence of Debt WELLS FARGO BANK, NA Date of Deed of Trust 6/29/2005 County of Recording Delta Recording Date of Deed of Trust 6/30/2005 Recording Information(Reception Number and/or Book/Page Number) 592956 Original Principal Amount $102,885.00 Outstanding Principal Balance $112,398.04 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. LOT 6, PIONEER PLACE SUBDIVISION, FILING NO. 1, DELTA COUNTY, COLORADO Also known by street and number as: 1711 PIONEER CIRCLE, DELTA, CO 81416. 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, 08/01/2012, at Public Trustee’s Office, Delta County Courthouse, 501 Palmer Street, Suite 202, Delta, CO 81416-1764, 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 6/6/2012 Last Publication 7/4/2012 Name of Publication Delta County Independent DATE: 03/29/2012 Jim D. Ventrello, Public Trustee in and for the County of Delta, State of Colorado By: /s/ Jim D. Ventrello, Public Trustee (SEAL) The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is: EMILY JENSIK, ESQ. #31294 Aronowitz & Mecklenburg, LLP 1199 BANNOCK STREET, DENVER, CO 80204 (303) 813-1177 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. Attorney File # 9105.03802 ©Public Trustees’ Association of Colorado Revised 6/2011 Published in the Delta County Independent June 6, 13, 20, 27 and July 4, 2012.
District Court Delta County, Colorado Court Address: 501 Palmer Street, Room 338 Delta, Colorado 81416 Petitioner: THE CITY OF DELTA, a Colorado Municipality v. Respondents: THE FAMILY HOUSEHOLD TRUST DATED JANUARY 19, 2005, WALTER RAYNOR, BERNARD BARRERE, THE COLORADO PACKING CORPORATION, JOHN E. HILLMAN, THE DELTA COUNTY CANNING COMPANY, NICHOLAS ABEYTA, AURELIO RODRIGUEZ, HELEN RODRIGUEZ, SENTENEY FAMILY TRUST, JIM VENTRELLO AS TREASURER OF DELTA COUNTY, COLORADO, AND ANY AND ALL UNKNOWN PERSONS WHO MAY HAVE OR CLAIM ANY INTEREST IN THE SUBJECT MATTER OF THIS CIVIL ACTION. Attorneys for Petitioner: Brown, Schottelkotte, Stimpert & Vaughn, LLC Michael Schottelkotte 550 Palmer St., Ste. 201 P.O. Box 43, Delta, CO 81416 Phone No.: 970-874-4451 FAX No.: 970-874-7433 Email: main@brownlawllc.com Atty. Reg. #: 2414 Case No.: 12 CV 72 SUMMONS AND NOTICE OF CONDEMNATION To the Respondents identified above as: FAMILY HOUSEHOLD TRUST DATED JANUARY 19, 2005, WALTER RAYNOR, BERNARD BARRERE, THE COLORADO PACKING CORPORATION, JOHN E. HILLMAN, THE DELTA COUNTY CANNING COMPANY, NICHOLAS ABEYTA, AND ANY AND ALL UNKNOWNS PERSON WHO MAY HAVE OR CLAIM ANY INTEREST IN THE SUBJECT MATTER OF THIS CIVIL ACTION. You are hereby summoned and required to file with the Clerk of this Court at the address listed above, on or before the date of July 27, 2012, an answer or other responsive pleading to the Petition in Condemnation ("Petition") filed by the Petitioner, the City of Delta, Colorado, in this matter. Your answer or other response must be accompanied by any applicable filing fee, and a copy thereof should be served upon the Petitioner's attorney. You are hereby informed that this is a special statutory proceeding in eminent domain for condemnation of specific real property in Delta County, Colorado brought by the Petitioner pursuant to C.R.S. 38-1101, et seq. and 38-6-101 et seq. Any objection concerning the legal sufficiency of the Petition, or the regularity of other aspects of this proceeding, must be raised as part of any answer or response that you may elect to file with the Court, as provided by C.R.S. 38-1-109.
Said real property being sought by condemnation is more specifically described as parcels 1 through 7 on Exhibit A attached hereto. "EXHIBIT A" LEGAL DESCRIPTION PARCEL 1. RIGHT OF WAY DESCRIPTION PARCEL 18 A PORTION OF THAT PARCEL OF LAND KNOWN AS PARCEL B DESCRIBED IN BOOK 866 AT PAGE 261 OF THE RECORDS OF DELTA COUNTY AND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 15 SOUTH, RANGE 96 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF DELTA, COUNTY OF DELTA, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE LINE BETWEEN DT-1, MONUMENTED BY A STONE WITH A CUT CROSS IN CONCRETE, AND DT-20, MONUMENTED BY A 2-1/2 INCH DIAMETER ALUMINUM CAP STAMPED LS36067, BEARS S 06°32'17" E, A DISTANCE OF 2700.09 FEET, BEARINGS ARE BASED ON THE MESA COUNTY LOCAL COORDINATE SYSTEM KNOWN AS DCLC02 (2009); COMMENCING AT CORNER NUMBER 20, DELTA TOWNSITE; THENCE S33°38'31"E A DISTANCE OF 2,227.89 FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL B AS SHOWN ON THE SURVEY OF PAUL SHERMAN ESTATE, RECEPTION NUMBER 2000505 AND BEING ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE UNION PACIFIC RAILROAD, SAID POINT BEING THE SOUTHEASTERN CORNER OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 650383, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE UNION PACIFIC RAILROAD, S 41°22'27" E, A DISTANCE OF 650.00 FEET TO THE NORTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED AT RECEPTION NUMBER 652755 OF THE RECORDS OF DELTA COUNTY THENCE ALONG SAID NORTHERLY LINE, N 89°52'27" W, A DISTANCE OF 156.60 FEET; THENCE ALONG THE ARC ON A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1010.00 FEET, A CENTRAL ANGLE OF 04°26'35" AND AN ARC LENGTH OF 78.32 FEET, THE CHORD OF WHICH BEARS N 43°35'45" W, A DISTANCE OF 78.30 FEET; THENCE N 41°22'27" W, A DISTANCE OF 513.92 FEET TO THE NORTHERLY LINE OF SAID PARCEL B; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL B, N 69°31'07" E, A DISTANCE OF 128.79 FEET TO THE POINT OF BEGINNING; PARCEL 2. RIGHT OF WAY DESCRIPTION PARCEL 18A A PORTION OF THAT PARCEL OF LAND KNOWN AS PARCELS A AND B DESCRIBED IN BOOK 866 AT PAGE 261 OF THE RECORDS OF DELTA COUNTY AND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 15 SOUTH, RANGE 96 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF DELTA, COUNTY OF DELTA, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE LINE BETWEEN DT-1, MONUMENTED BY A STONE WITH A CUT CROSS IN CONCRETE, AND DT-20, MONUMENTED BY A 2-1/2 INCH DIAMETER ALUMINUM CAP STAMPED LS36067, BEARS S 06°32'17" E, A DISTANCE OF 2700.09 FEET, BEARINGS ARE BASED ON THE MESA COUNTY LOCAL COORDINATE SYSTEM KNOWN AS DCLC02 (2009); COMMENCING AT CORNER NUMBER 20, DELTA TOWNSITE; THENCE S 30°05'46" E A DISTANCE OF 2,147.88 FEET TO THE INTERSECTION OF THE SOUTHWESTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 650383 AND THE SOUTHEASTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN BOOK 247 AT PAGE 519 AND BEING 120.32 FEET SOUTHWESTERLY BY PERPENDICULAR MEASURE FROM THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE UNION PACIFIC RAILROAD, SAID POINT BEING THE POINT OF BEGINNING; THENCE S 41°22'27" E, A DISTANCE OF 569.22 FEET; THENCE ALONG THE ARC ON A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1010.00 FEET, A CENTRAL ANGLE OF 04°26'35" AND AN ARC LENGTH OF 78.32 FEET, THE CHORD OF WHICH BEARS S 43°35'45" E, A DISTANCE OF 78.30 FEET TO THE NORTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED AT RECEPTION NUMBER 652755 OF THE RECORDS OF DELTA COUNTY; THENCE ALONG SAID NORTHERLY LINE, N 8952'27" W, A DISTANCE OF 56.40 FEET; THENCE ALONG THE ARC ON A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1050.00 FEET, A CENTRAL ANGLE OF 02°13'51" AND AN ARC LENGTH OF 40.88 FEET, THE CHORD OF WHICH BEARS N 42°29'23" W, A DISTANCE OF 40.88 FEET; THENCE N 41°22'27" W, A DISTANCE OF 585.74 FEET TO THE SOUTHEASTERLY LINE OF SAID PARCEL OF LAND DESCRIBED IN BOOK 247 AT PAGE 519; THENCE ALONG SAID SOUTHEASTERLY LINE, ALONG THE ARC ON A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 374.56 FEET, A CENTRAL ANGLE OF 06°37'26" AND AN ARC LENGTH OF 43.30 FEET, THE CHORD OF WHICH BEARS N 71°04'00" E, A DISTANCE OF 43.28 FEET FEET TO THE POINT OF BEGINNING; PARCEL 3. RIGHT OF WAY DESCRIPTION PARCEL 20 A PORTION OF THAT PARCEL OF LAND KNOWN AS PARCEL A DESCRIBED IN BOOK 866 AT PAGE 261 OF THE RECORDS OF DELTA COUNTY AND LOCATED IN THE SOUTH HALF OF SECTION 24, TOWNSHIP 15 SOUTH, RANGE 96 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF DELTA, COUNTY OF DELTA, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE LINE BETWEEN DT-1, MONUMENTED BY A STONE WITH A CUT CROSS IN CONCRETE, AND DT-20, MONUMENTED BY A 2-1/2 INCH DIAMETER ALUMINUM CAP STAMPED
LS36067, BEARS S 06°32'17" E, A DISTANCE OF 2700.09 FEET, BEARINGS ARE BASED ON THE MESA COUNTY LOCAL COORDINATE SYSTEM KNOWN AS DCLC02 (2009); COMMENCING AT CORNER NUMBER 20, DELTA TOWNSITE; THENCE S30°19'43"E A DISTANCE OF 1,564.53 FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL A BEING ON THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE UNION PACIFIC RAILROAD, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE UNION PACIFIC RAILROAD, S 41°22'27" E, A DISTANCE OF 225.27 FEET AS SHOWN ON THE SURVEY OF PAUL SHERMAN ESTATE, RECEPTION NUMBER 2000505 TO THE NORTHERLY CORNER OF THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 650383; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL, S 48°37'33" W, A DISTANCE OF 120.32 FEET; THENCE N 41°22'27" W, A DISTANCE OF 225.27 FEET; THENCE N 48°37'33" E, A DISTANCE OF 120.32 FEET TO THE POINT OF BEGINNING; PARCEL 4. RIGHT OF WAY DESCRIPTION PARCEL 20A A PORTION OF THAT PARCEL OF LAND KNOWN AS PARCEL A DESCRIBED IN BOOK 866 AT PAGE 261 OF THE RECORDS OF DELTA COUNTY AND LOCATED IN THE SOUTH HALF OF SECTION 24, TOWNSHIP 15 SOUTH, RANGE 96 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF DELTA, COUNTY OF DELTA, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE LINE BETWEEN DT-1, MONUMENTED BY A STONE WITH A CUT CROSS IN CONCRETE, AND DT-20, MONUMENTED BY A 2-1/2 INCH DIAMETER ALUMINUM CAP STAMPED LS36067, BEARS S 06°32'17" E, A DISTANCE OF 2700.09 FEET, BEARINGS ARE BASED ON THE MESA COUNTY LOCAL COORDINATE SYSTEM KNOWN AS DCLC02 (2009); COMMENCING AT CORNER NUMBER 20, DELTA TOWNSITE; THENCE S30°19'43" E A DISTANCE OF 1,564.53 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE UNION PACIFIC RAILROAD; THENCE S 48°37'33" W. A DISTANCE OF 120.32 FEET AND THE POINT OF BEGINNING; THENCE S 41°22'27" E, A DISTANCE OF 517.14 FEET TO THE NORTHWESTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN BOOK 247 AT PAGE 519; THENCE ALONG SAID LINE, S 48°37'33" W, A DISTANCE OF 40.00 FEET; THENCE N 41°22'27" W, A DISTANCE OF 517.14 FEET; THENCE N 48°37'33" E, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING; PARCEL 5. RIGHT OF WAY DESCRIPTION PARCEL 35 A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 15 SOUTH, RANGE 96 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF DELTA, COUNTY OF DELTA, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE LINE BETWEEN THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 15 SOUTH, RANGE 96 WEST, 6TH P.M., MONUMENTED BY A 2-1/2 INCH ALUMINUM CAP STAMPED LS 17485, 1997, AND DT-20, MONUMENTED BY A 2-1/2 INCH DIAMETER ALUMINUM CAP STAMPED LS36067, BEARS N 42°53'45" W, A DISTANCE OF 5211.92 FEET, BEARINGS ARE BASED ON THE MESA COUNTY LOCAL COORDINATE SYSTEM KNOWN AS DCLC02 (2009); COMMENCING AT CORNER NUMBER 20, DELTA TOWNSITE; THENCE S 35°47'23" E A DISTANCE OF 3,080.25 FEET TO THE INTERSECTION OF THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 24 AND THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE UNION PACIFIC RAILROAD, WHENCE THE SOUTHWEST CORNER OF SAID SECTION 24 BEARS S 52°55'19" E A DISTANCE OF 2,188.75 FEET, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 24, S 89°54'56" W, A DISTANCE OF 99.91 FEET; THENCE N 52°52'35" W, A DISTANCE OF 45.05 FEET TO THE SOUTHERLY LINE THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 652755; THENCE ALONG THE SAID SOUTHERLY LINE, N 89°54'56" E, A DISTANCE OF 111.87 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE UNION PACIFIC RAILROAD; THENCE ALONG SAID RIGHT OF WAY LINE, S 41°22'27" E, A DISTANCE OF 36.25 FEET TO THE POINT OF BEGINNING; PARCEL 6. RIGHT OF WAY DESCRIPTION PARCEL 35A A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 15 SOUTH, RANGE 96 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF DELTA, COUNTY OF DELTA, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE LINE BETWEEN THE SOUTHEAST CORNER OF SECTION 24, TOWNSHIP 15 SOUTH, RANGE 96 WEST, 6TH P.M., MONUMENTED BY A 2-1/2 INCH ALUMINUM CAP STAMPED LS 17485, 1997, AND DT-20, MONUMENTED BY A 2-1/2 INCH DIAMETER ALUMINUM CAP STAMPED LS36067, BEARS N 42°53'45" W, A DISTANCE OF 5211.92 FEET, BEARINGS ARE BASED ON THE MESA COUNTY LOCAL COORDINATE SYSTEM KNOWN AS DCLC02 (2009); COMMENCING AT CORNER NUMBER 20, DELTA TOWNSITE; THENCE S 35°47'23" E A DISTANCE OF 3,080.25 FEET TO THE INTERSECTION OF THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 24 AND THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE UNION PACIFIC RAILROAD, WHENCE THE SOUTHWEST CORNER OF SAID SECTION 24 BEARS S 52°55'19" E A DISTANCE OF 2,188.75 FEET; THENCE ALONG SAID SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 24, S 89°54'56" W, A DISTANCE OF 99.91 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 24, S 89°54'56" W, A DISTANCE OF 66.15 FEET; THENCE N 52°52'35" W, A DISTANCE OF 45.05 FEET TO THE SOUTHERLY LINE THAT PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 652755; THENCE ALONG THE SAID SOUTHERLY LINE, N 89°54'56" E,
A DISTANCE OF 66.15 FEET; THENCE S 52°52'35" E, A DISTANCE OF 45.05 FEET TO THE POINT OF BEGINNING; ANY PORTION OF THE FOLLOWING DESCRIBED PARCEL WHICH LAY WITHIN PARCELS OWNED BY FAMILY HOUSEHOLD TRUST; RIGHT OF WAY DESCRIPTION PARCEL 21 VAC ALL OF THAT SIXTEEN FOOT WIDE ROADWAY EASEMENT DESCRIBED IN BOOK 64 AT PAGE 333, BOOK 163 AT PAGE 47, BOOK 240 AT PAGE 127, BOOK 270 AT PAGE 372, AND BOOK 277 AT PAGE 539 OF THE DELTA COUNTY RECORDS; LOCATED IN THE DELTA TOWNSITE AND IN LOT 4 AND THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 5 SOUTH, RANGE 96 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF DELTA, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE LINE BETWEEN DT-1, MONUMENTED BY A STONE WITH A CUT CROSS IN CONCRETE, AND DT-20, MONUMENTED BY A 2-1/2 INCH DIAMETER ALUMINUM CAP STAMPED LS36067, BEARS S 06°32'17" E, A DISTANCE OF 2700.09 FEET, BEARINGS ARE BASED ON THE MESA COUNT LOCAL COORDINATE SYSTEM KNOWN AS DCLC02 (2009); COMMENCING AT CORNER NUMBER 20, DELTA TOWNSITE; THENCE S 02°23'51" E A DISTANCE OF 635.52 FEET TO THE INTERSECTION OF THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE UNION PACIFIC RAILROAD AND THE SOUTHEASTERLY RIGHT OF WAY OF BRIDGE STREET, BEING THE POINT OF BEGINNING; THENCE ALONG THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE UNION PACIFIC RAILROAD THE FOLLOWING THREE COURSES: 1. S 41°22'27" E, A DISTANCE OF 605.92 FEET TO DELTA TOWNSITE CORNER NUMBER 23; 2. ALONG THE LINE FROM DELTA TOWNSITE CORNER NUMBER 23 TO DELTA TOWNSITE CORNER 19, S 78°11'48" E, A DISTANCE OF 166.85 FEET; 3. S 41°22'27" E, A DISTANCE OF 527.44 FEET TO THE NORTHWESTERLY LINE OF THAT PARCEL OF LAND RECORDED AT RECEPTION NUMBER 650383; THENCE ALONG SAID NORTHWESTERLY LINE, S 48°37'33" W, A DISTANCE OF 16.00 FEET; THENCE N 41°22'27" W, A DISTANCE OF 605.92 FEET; THENCE N 78°11'48" W, A DISTANCE OF 166.85 FEET; THENCE N 41°22'27" W, A DISTANCE OF 611.18 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF BRIDGE STREET; THENCE ALONG SAID LINE, N 48°23'32" E, A DISTANCE OF 16.00 FEET TO THE POINT OF BEGINNING; PARCEL 7. PARCEL 21AE ANY PORTION OF THE FOLLOWING DESCRIBED PARCEL WHICH MAY LAY WITHIN THE PARCELS OWNED BY FAMILY HOUSEHOLD TRUST. A THIRTY FOOT WIDE ACCESS EASEMENT OVER AND ACROSS A PORTION OF THE DELTA TOWNSITE AND LOT 4, SECTION 24, TOWNSHIP 5 SOUTH, RANGE 96 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF DELTA, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE LINE BETWEEN DT-1, MONUMENTED BY A STONE WITH A CUT CROSS IN CONCRETE, AND DT-20, MONUMENTED BY A 2-1/2 INCH DIAMETER ALUMINUM CAP STAMPED LS36067, BEARS S 06°32'17" E, A DISTANCE OF 2700.09 FEET, BEARINGS ARE BASED ON THE MESA COUNTY LOCAL COORDINATE SYSTEM KNOWN AS DCLC02 (2009); COMMENCING AT CORNER NUMBER 20, DELTA TOWNSITE; THENCE S 00°59'48" E A DISTANCE OF 648.44 FEET TO A POINT ON THE SOUTHEASTERLY RIGHT OF WAY OF BRIDGE STREET AND 20.32 FEET SOUTHWESTERLY OF THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE UNION PACIFIC RAILROAD, SAID POINT BEING THE POINT OF BEGINNING; THENCE S 41°22'27" E, A DISTANCE OF 1,058.89 FEET TO THE NORTHWESTERLY LINE OF A PARCEL OF LAND KNOWN AS PARCEL A DESCRIBED IN BOOK 866 AT PAGE 261 OF THE RECORDS OF DELTA COUNTY; THENCE ALONG SAID LINE, S 48°37'33" W, A DISTANCE OF 30.00 FEET; THENCE N 41°22'27" W. A DISTANCE OF 1,058.77 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF BRIDGE STREET; THENCE ALONG SAID LINE, N 48°23'32" E, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; At a hearing to be scheduled in this proceeding, or pursuant to a stipulation for immediate possession, the Court may authorize the Petitioner to take full and immediate possession and use of the property described in the Petition, as allowed by C.R.S. 38-1-105(6)(a). Then, a valuation trial will be scheduled in this proceeding for purposes of determining just compensation to be paid by the Petitioner for the property taken by condemnation. If more than one Respondent is determined to be entitled to share in the just compensation awarded in this matter, a subsequent apportionment trail will be conducted pursuant to C.R.S. 38-1-105(3). If you fail to answer the Petition in Condemnation by the date specified, or otherwise fail to appear and assert your rights at the valuation and/or any apportionment trial, the Court, without further notice, will cause reasonable compensation to be determined and title to the subject real property to be vested in the Petitioner, all in accordance with applicable law. This summons and notice is being issued and published pursuant to C.R.S. 38-1-103. Dated this 22nd day of May, 2012 BROWN, SCHOTTELKOTTE, STIMPERT & VAUGHN, LLC By: /s/ Michael Schottelkotte #2414 Attorney for Petitioner, City of Delta, Colorado Published in the Delta County Independent May 30, June 6, 13, 20 and 27, 2012. COMBINED NOTICE PUBLICATION CRS §38-38-103 FORECLOSURE SALE NO. 2012-0055 To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust: On April 3, 2012, 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 Delta records. Original Grantor(s) Daniel Espinoza and Mary E. Espinoza Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., as nominee for Ace Mortgage Funding Inc, a Colorado Corporation Current Holder of Evidence of Debt GMAC Mortgage, LLC Date of Deed of Trust 9/7/2007 County of Recording Delta Recording Date of Deed of Trust
10/9/2007 Recording Information(Reception Number and/or Book/Page Number) 619510 Original Principal Amount $184,171.00 Outstanding Principal Balance $175,253.50 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. LOT 7, SOUTH VIEW SUBDIVISION, COUNTY OF DELTA, STATE OF COLORADO. Also known by street and number as: 3101 1900 Road, Delta, CO 81416. 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, 08/01/2012, at Public Trustee’s Office, Delta County Courthouse, 501 Palmer Street, Suite 202, Delta, CO 81416-1764, 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 6/6/2012 Last Publication 7/4/2012 Name of Publication Delta County Independent DATE: 04/03/2012 Jim D. Ventrello, Public Trustee in and for the County of Delta, State of Colorado By: /s/ Jim D. Ventrello, Public Trustee (SEAL) The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is: CYNTHIA LOWERY-GRABER #34145 CASTLE STAWIARSKI, LLC 999 18TH STREET SUITE 2301, DENVER, CO 80202 (303) 865-1400 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. Attorney File # 12-03177 ©Public Trustees’ Association of Colorado Revised 6/2011 Published in the Delta County Independent June 6, 13, 20, 27 and July 4, 2012.
COMBINED NOTICE PUBLICATION CRS §38-38-103 FORECLOSURE SALE NO. 2012-0057 To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust: On April 4, 2012, 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 Delta records. Original Grantor(s) Linda K. Tuin Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., as nominee for Fieldstone Mortgage Company Current Holder of Evidence of Debt CitiMortgage, Inc. Date of Deed of Trust 3/8/2004 County of Recording Delta Recording Date of Deed of Trust 3/12/2004 Recording Information(Reception Number and/or Book/Page Number) 577599 Original Principal Amount $105,300.00 Outstanding Principal Balance $95,503.02 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. LOTS 21 AND 22 IN BLOCK 2 OF REICHS SUBDIVSION. Also known by street and number as: 264 West Bridge Street, Hotchkiss, CO 81419. 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, 08/01/2012, at Public Trustee’s Office, Delta County Courthouse, 501 Palmer Street, Suite 202, Delta, CO 81416-1764, 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 6/6/2012 Last Publication 7/4/2012 Name of Publication Delta County Independent DATE: 04/04/2012 Jim D. Ventrello, Public Trustee in and for the County of Delta, State of Colorado By: /s/ Barbara J. Pierce, Deputy Public Trustee (SEAL) The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is: CYNTHIA LOWERY-GRABER #34145 CASTLE STAWIARSKI, LLC 999 18TH STREET SUITE 2301, DENVER, CO 80202 (303) 865-1400 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. Attorney File # 12-03017 ©Public Trustees’ Association of Colorado Revised 6/2011 Published in the Delta County Independent June 6, 13, 20, 27 and July 4, 2012. COMBINED NOTICE PUBLICATION CRS §38-38-103 FORECLOSURE SALE NO. 2012-0046 To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust: On March 19, 2012, the undersigned Public Trustee caused the Notice of Election and Demand relating to
Wednesday, June 6, 2012 the Deed of Trust described below to be recorded in the County of Delta records. Original Grantor(s) Branden Duane Fry Original Beneficiary(ies) Mortgage Electronic Registration Systems, Inc., as nominee for Republic Mortgage Home Loans, LLC Current Holder of Evidence of Debt BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP Date of Deed of Trust 9/12/2006 County of Recording Delta Recording Date of Deed of Trust 9/18/2006 Recording Information(Reception Number and/or Book/Page Number) 607789 Original Principal Amount $146,000.00 Outstanding Principal Balance $136,682.02 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. LOTS 5 AND 6 IN BLOCK 7 OF GARNET MESA SUBDIVISION, COUNTY OF DELTA, STATE OF COLORADO. Also known by street and number as: 718 East 4th Street, Delta, CO 81416. 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, 07/18/2012, at Public Trustee’s Office, Delta County Courthouse, 501 Palmer Street, Suite 202, Delta, CO 81416-1764, 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 5/23/2012 Last Publication 6/20/2012 Name of Publication Delta County Independent DATE: 03/19/2012 Jim D. Ventrello, Public Trustee in and for the County of Delta, State of Colorado By: /s/ Jim D. Ventrello, Public Trustee (SEAL) The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is: ALISON L. BERRY #34531 CASTLE STAWIARSKI, LLC 999 18TH STREET SUITE 2301, DENVER, CO 80202 (303) 865-1400 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. Attorney File # 12-02344 ©Public Trustees’ Association of Colorado Revised 6/2011 Published in the Delta County Independent May 23, 30, June 6, 13 and 20, 2012. COMBINED NOTICE PUBLICATION CRS §38-38-103 FORECLOSURE SALE NO. 2012-0047 To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust: On March 20, 2012, 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 Delta records. Original Grantor(s) Kelly Brooks and Karen A. Brooks Original Beneficiary(ies) Wells Fargo Bank, N.A. Current Holder of Evidence of Debt Wells Fargo Bank, N.A. Date of Deed of Trust 2/16/2007 County of Recording Delta Recording Date of Deed of Trust 2/22/2007 Recording Information(Reception Number and/or Book/Page Number) 612366 Original Principal Amount $289,000.00 Outstanding Principal Balance $271,954.48 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. LOT 7, BLOCK 3, HIDDEN VALLEY ESTATES PHASE 1 & 2, DELTA COUNTY, STATE OF COLORADO. Also known by street and number as: 13645 Ragged Mountain Drive, Paonia, CO 81428. 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, 07/18/2012, at Public Trustee’s Office, Delta County Courthouse, 501 Palmer Street, Suite 202, Delta, CO 81416-1764, 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 5/23/2012 Last Publication 6/20/2012 Name of Publication Delta County Independent DATE: 03/20/2012 Jim D. Ventrello, Public Trustee in and for the County of Delta, State of Colorado By: /s/ Jim D. Ventrello, Public Trustee (SEAL) The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is: REAGAN LARKIN #42309 CASTLE STAWIARSKI, LLC 999 18TH STREET SUITE 2301, DENVER, CO 80202 (303) 865-1400 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. Attorney File # 12-00698
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©Public Trustees’ Association of Colorado Revised 6/2011 Published in the Delta County Independent May 23, 30, June 6, 13 and 20, 2012. COMBINED NOTICE PUBLICATION CRS §38-38-103 FORECLOSURE SALE NO. 2012-0048 To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust: On March 21, 2012, 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 Delta records. Original Grantor(s) MILTON J. VIDRINE JR. Original Beneficiary(ies) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR LENDER, REPUBLIC MORTGAGE HOME LOANS LLC Current Holder of Evidence of Debt BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP Date of Deed of Trust 11/20/2009 County of Recording Delta Recording Date of Deed of Trust 11/25/2009 Recording Information(Reception Number and/or Book/Page Number) 639341 Original Principal Amount $222,360.00 Outstanding Principal Balance $218,414.76 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. LOT 8 IN BLOCK 2 OF PANORAMA HEIGHTS COUNTY OF DELTA, STATE OF COLORADO Also known by street and number as: 24285 VALLEY VIEW CIRCLE, CEDAREDGE, CO 81413. 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, 07/18/2012, at Public Trustee’s Office, Delta County Courthouse, 501 Palmer Street, Suite 202, Delta, CO 81416-1764, 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 5/23/2012 Last Publication 6/20/2012 Name of Publication Delta County Independent DATE: 03/21/2012 Jim D. Ventrello, Public Trustee in and for the County of Delta, State of Colorado By: /s/ Jim D. Ventrello, Public Trustee (SEAL) The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is: HEATHER DEERE #28597 LAW OFFICE OF MICHAEL P MEDVED PC 355 UNION BLVD #302, LAKEWOOD, CO 80228-1508 (303) 274-0155 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. Attorney File # 12-910-21410 ©Public Trustees’ Association of Colorado Revised 6/2011 Published in the Delta County Independent May 23, 30, June 6, 13 and 20, 2012. PUBLIC NOTICE Garnet Mesa Investments, LLC, P.O. Box 784, Delta, CO 81416, (970) 874-9986 has filed an application for a Reclamation Permit with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials. The proposed mine is known as the Warren Pit and is located at or near NE1/4NW1/4, Section 9, Township 15 South, Range 95 West, 6th Prime Meridian, Delta County, Colorado. The proposed date of commencement is August 1, 2012, and the proposed date of completion is October 30, 2032. The proposed future use of the land is Private Recreation. Additional information and the tentative decision date may be obtained from the Division of Reclamation, Mining and Safety, 1313 Sherman Street, Room 215, Denver, Colorado, 80203, (303) 8663567, or at the Delta County Clerk and Recorder's office; 501 Palmer Street, Delta, Colorado, 81416, or the above named applicant. A complete copy of the application is available at the above named County Clerk and Recorder's office and at the Division's office. Comments Concerning the application and exhibits must be in writing and must be received by the Division of Minerals and Geology by 4:00 p.m. on July 3, 2012. Please note that under the provisions of C.R.S. 34-32.5-101, et. seq., comments related to noise, truck traffic, hours of operation, visual impacts, effects on property values and other social or economic concerns are issues not subject to this Office's jurisdiction. These subjects are typically addressed by your local government, rather than the Division Reclamation, Mining and Safety or the Mined Land Reclamation Board. Published in the Delta County Independent May 23, 30, June 6 and 13, 2012. NOTICE TO CREDITORS Estate of Charles Larue Farrington, a/k/a Charles L. Farrington, a/k/a Charles Farrington, Deceased Case Number 2012PR44 All persons having claims against the above-named estate are required to present them to the personal representative or to the District Court of Delta County, Colorado on or before September 9, 2012, or the claims may be forever barred. Charlotte Louise Ketchum Personal Representative 10024 3300 Road Hotchkiss, CO 81419 Attorney for the Estate Sandra J. Nettleton, #42411 Briscoe & Associates, P.C. P.O. Box 120 Hotchkiss, CO 81419 970-872-3118 Published in the Delta County Independent May 30, June 6 and 13, 2012.