DISTRICT COURT, EAGLE COUNTY, STATE

81620 | 07/05/2018 | Ad id: 8-0000255945
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DISTRICT COURT, EAGLE COUNTY, STATE OF COLORADO CIVIL ACTION NO.2018CV30015, DIVISION 4 SHERIFF'S SALE NO. 2018-000459 COMBINED NOTICE OF SHERIFF'S SALE OF REAL PROPERTY AND RIGHTS TO CURE AND REDEEM Plaintiff: THE HOMESTEAD OWNERS ASSOCIATION, INC., a Colorado non-profit corporation. v. Defendants: TRINITY DEVELOPMENT II, COLORADO, LLC, a Colorado limited liability company; EAGLE RIVER WATER & SANITATION DISTRICT, a political subdivision and quasi-municipal corporation of the State of Colorado; COLE TAYLOR BANK, an Illinois corporation; and TEAK J. SIMONTON, as Public Trustee of Eagle County, Colorado. REGARDING: LOT 4B, THE HOMESTEAD FILING NO. 2, BLOCKS 13 THRU 16, A RESUBDIVISION OF LOT 4, BLOCK 16, ACCORDING TO THE PLAT RECORDED MAY 21, 2001, AS RECEPTION NO. 747447. COUNTY OF EAGLE, STATE OF COLORADO. Also Known As: Subdivision: HOMESTEAD FIL 2 Block: 16 Lot: 4B COUNTY OF EAGLE, STATE OF COLORADO. Also Known As: Parcel No. 2105-092-03-031 COUNTY OF EAGLE, STATE OF COLORADO. Also Known As: 628 Gold Dust Drive, #B, Edwards, Colorado 81632 (the "Property") TO THE ABOVE-NAMED DEFENDANTS, PLEASE TAKE NOTICE: This Notice is to advise you that a Sheriff's Sale has been commenced through the office of the undersigned Sheriff pursuant to a Court Order dated April 23, 2018, C.R.S. § 38-33.3-316, et seq., and C.R.S. § 38-38-101, et. seq., by The Homestead Owners Association, Inc. (the "Association"), the current holder of an assessment lien recorded on September 28, 2017 at Reception No. 201718694 in the records of the Clerk and Recorder of Eagle County, Colorado and a judgment lien recorded on May 3, 2018 at Reception No. 201807513 in the records of the Clerk and Recorder of Eagle County, Colorado. The foreclosure was initiated due to a default under the covenants contained within the Declaration. The Declaration and Colorado law establish a lien for the benefit of the Association against the Property. You and each of you are hereby notified that a Sheriff's Sale of the Property is to be conducted by the Civil Division of the Sheriff's Department of Eagle County, Colorado at 9:00 a.m. on the 31st day of August , 2018 at 0885 E. Chambers Avenue , Eagle, Colorado 81631, phone number (970) 328-8500. At which the sale, the above-described real property and improvements thereon will be sold to the highest and best bidder for cash or other good funds as allowed by the officer and/or Colorado law for the purpose of paying the indebtedness to the Association 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. Plaintiff makes no warranties, express or implied, relating to title, condition, possession, or quiet enjoyment in and to said real property in connection with this sale. BIDDERS ARE REQUIRED TO HAVE CASH OR CERTIFIED FUNDS SUFFICIENT TO COVER THEIR HIGHEST BID AT THE TIME OF SALE. PLEASE NOTE THAT THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN ON THE SUBJECT PROPERTY. Judgment is in the amount of $8,855.61. First Publication July 5th, 2018. Last Publication August 2nd, 2018 Name Of Publication Eagle Valley Enterprise Newspaper 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 DEFAULT UNDER THE DEED OF TRUST BEING FORECLOSED. A COPY OF SAID STATUTES, AS SUCH STATUTES ARE PRESENTLY CONSTITUTED, WHICH MAY AFFECT YOUR RIGHTS SHALL BE SENT WITH ALL MAILED COPIES OF THIS NOTICE. HOWEVER, YOUR RIGHTS MAY BE DETERMINED BY PREVIOUS STATUTES. You are advised that he parties liable thereon, the owner of the Property, or those with an interest in the Property may take appropriate and timely action under Colorado statutes. In order to be entitled to take advantage of any rights provided for under Colorado law, you must strictly comply and adhere to the provisions of the law. The attached Colorado statutes merely set forth the applicable portions of Colorado statutory law relating to curative and redemption rights; therefore, you should read and review all the applicable statutes and laws in order to determine which requisite procedures and provisions control your rights in the subject property. A NOTICE OF INTENT TO CURE FILED PURSUANT TO SECTION 38-38-104 SHALL BE FILED WITH THE OFFICER AT LEAST FIFTEEN (15) CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED; A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO SECTION 38-38-302 SHALL BE FILED WITH THE OFFICER NO LATER THAN EIGHT (8) BUSINESS DAYS AFTER THE SALE; 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. All telephone inquiries for information should be directed to the office of the undersigned Sheriff at (970) 328-8500. The name, bar registration number, mailing address, and business telephone number of the attorney(s) representing the legal owner of the above-described lien are as follows: Tyler J. Voboril, Esq. #39735, Alpenglow Law, LLC, P.O. Box 1663, Edwards, Colorado 81632, (970) 306-6456. If the borrower believes that a lender or servicer has violated the requirements for a single point of contact in C.R.S. § 38-38-103.1 or the prohibition on dual tracking in C.R.S. § 38-38-103.2, the borrower may file a complaint with the Colorado Attorney General, the Consumer Financial Protection Bureau ("CFPB"), or both, but the filing of a complaint will not stop the foreclosure process. The Colorado Attorney General can be contacted at: (720) 508-6000, Office of the Attorney General, Colorado Department of Law, Ralph L. Carr Judicial Building, 1300 Broadway, 10th Floor, Denver, Colorado 80203, www.coag.gov. The CFPB can be contacted at: (855) 411-2372, Consumer Financial Protection Bureau, P.O. Box 4503, Iowa City, Iowa 52244, www.consumerfinance.gov. DATE: June 6. 2018 JAMES VAN BEEK Sheriff of Eagle County, Colorado By:________________________________ Cheryle A.K. Woolsey, Deputy Sheriff 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 Eagle Valley Enterprise on July 5, 12, 19 and 26, 2018 and August 2, 2018. 0000255945