2015-05-05_GENERAL DOCUMENTS - M1981185

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/ M -1g91- /Ps 1 w COMBINED NOTICE - MAILING CRS §38 -38-103 FORECLOSURE SALE NO. 2015 -008 To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust: On February 20, 2015, 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 La Plata records. Original Grantor(s) James M. Clements RECEIVED Original Beneficiary(ies) Old Idaho Properties, LLC Current Holder of Evidence of Debt Old Idaho Properties, LLC Date of Deed of Trust November 27, 2006 A,,-MAY 0 5 2015 County of Recording La Plata Recording Date of Deed of Trust November 29, 2006 DIVISION OF RECLAMATION Recording Information (Reception No. and/or Book /Page No.) 947034 Jp� MINING AND SAFETY Original Principal Amount $425,000.00 Outstanding Principal Balance $425,000.00 Pursuant to CRS §38 -38- 101(4)(1), 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. Therefore, the legal holder of the indebtedness has accelerated the same and declared the same immediately fully due and payable. THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN. All of the following described lode mining claims situate, lying and being in the California dining District, La Plata County, Colorado, to -w it: NAME OF CLAIM (Patented Lode) IDAHO MILLSITE IDAHO MILLS ITE NO.1 IDAHO MILLSITE NO.2 ALPINE LORD KITCHENER HARTFORD GERTRUDE GOOD HOPE SUNRISE CATHRYN MIDNIGHT HELEN MIDNIGHT NO.2 PAY DAY PAY DAY MILLSITE together with all its appurtenances. PATENT U.S.SURVEY NUMBER 18320 18321 18321 18321 17108 17108 16616 17124 17124 16616 19646 19515 19646 19516 "A" 19156 "B" 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, 06/24/2015, at Office of the Treasurer /Public Trustee, 1060 Main Ave., Suite 103, Durango, CO 81301, 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 4/30/2015 Last Publication 5/28/2015 Name of Publication The Durango 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 Federal Consumer Financial Protection Bureau 1300 Broadway, 10th Floor P.O. Box 4503 Denver, Colorado 80203 Iowa City, Iowa 52244 (800) 2224444 (855) 411 -2372 www.coloradoattorneygeneral.gov www.consumerfmance.gov