COMBINED NOTICE – MAILING

CRS §38-38-103 FORECLOSURE SALE NO. 0005-2022

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On June 2, 2022, 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 Baca records.

Original Grantor(s)

Clinton Emit Jones and Dara Raeann Nickerson

Original Beneficiary(ies)

Peoples Credit Union

Current Holder of Evidence of Debt

Date of Deed of Trust

November 13, 2019

County of Recording

Baca

Recording Date of Deed of Trust

November 20, 2019

Recording Information (Reception No. and/or Book/Page No.)

428691 

Original Principal Amount

$91,200.00

Outstanding Principal Balance

$88,569.97

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.

A PARCEL OF LAND LYING IN THE NW1/4 OF SECTION 25, TOWNSHIP 32 SOUTH, RANGE 45 WEST OF THE 6TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NW CORNER OF SECTION 25; THENCE EAST 690.36 FEET TO A POINT OF INTERSECTION OF THE NORTH LINE OF SAID SECTION  25 AND THE EAST LINE OF TRACT 57; THENCE SOUTH 30.00 FEET ALONG THE EAST LINE OF TRACT 57 TO A POINT BEING ON THE SOUTH RIGHT OF WAY LINE OF A COUNTY ROAD ALSO THE 1 POINT OF BEGINNING OF SAID PARCEL OF LAND; THENCE SOUTH 381.66 FEET ALONG THE EAST LINE OF TRACT 57 TO A POINT; THENCE EAST 1032.00 FEET TO A POINT;

THENCE NORTH 381.66 FEET TO A POINT BEING ON THE SOUTH RIGHT OF WAY OF A COUNTY ROAD ;

THENCE WEST 1032.00 FEET ALONG THE SOUTH RIGHT OF WAY LINE OF A COUNTY ROAD TO THE POINT OF BEGINNING.

COUNTY OF BACA

STATE OF COLORADO

Also known by street and number as: 35226 County Road T, Walsh, CO 81090.

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 A.M. on Wednesday, 09/28/2022, at Baca County Treasurer’s Office, 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 8/3/2022

Last Publication 8/31/2022

Name of Publication Plainsman Herald

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.

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;

A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO SECTION 38-38-302 SHALL BE FILED WITH THE PUBLIC TRUSTEE 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;

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 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

(800) 222-4444

www.coloradoattorneygeneral.gov

Federal Consumer Financial Protection Bureau

P.O. Box 4503

Iowa City, Iowa 52244

(855) 411-2372

www.consumerfinance.gov

DATE: 06/02/2022

Jozy Stegman, Public Trustee in and for the County of Baca, State of Colorado

By: Jozy Stegman, Public Trustee

The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

David Anderson #36960

Lind, Ottenhoff & Root, LLP 355 Eastman Park Drive #200,  Windsor, CO 80550 (970) 674-9888

Attorney File # 

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.

©Public Trustees’ Association of Colorado Revised 1/2015