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Foreclosure Sale No. 10-272

COMBINED NOTICE – PUBLICATION CRS §38-38-103 FORECLOSURE SALE NO. 10-272; To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust: On November 30, 2010, 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 Routt records.

Original Grantor(s): James M. Temple Original Beneficiary(ies): Bank of America, N.A.

Current Holder of Evidence of Debt: Bank of America, N.A.



Date of Deed of Trust: 7/27/2004; County of Recording: Routt Recording Date of Deed of Trust: 7/30/2004; Recording Reception Number: 605487; Original Principal Amount: $4,355,353.00; Outstanding Principal Balance: $4,355,353.00; 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 thereof.

THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN. THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.



EXHIBIT “A” Our Order No. RTF30004778-4; LEGAL DESCRIPTION THAT PORTION OF THE STORM MOUNTAIN RANCH, CANYON PARCEL, COUNTY OF ROUTT, STATE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT THE NORTHWEST CORNER OF SAID CANYON PARCEL; THENCE ALONG THE OUTER BOUNDARY OF SAID CANYON PARCEL EAST A DISTANCE OF 5177.68 FEET; THENCE CONTINUING ALONG THE OUTER BOUNDARY OF SAID CANYON PARCEL SOUTH 00; DEGREES 55 MINUTES 31 SECONDS WEST A DISTANCE 200.12 FEET; THENCE SOUTH CONTINUING ALONG THE OUTER BOUNDARY OF SAID CANYON PARCEL, 89 DEGREES 02 MINUTES 11 SECONDS EAST A DISTANCE OF 1312.98 FEET; THENCE NORTH CONTINUING ALONG THE OUTER BOUNDARY OF SAID CANYON PARCEL 00 DEGREES 51 MINUTES 36 SECONDS EAST A DISTANCE OF 190.00 FEET; THENCE SOUTH CONTINUING ALONG THE OUTER BOUNDARY OF SAID CANYON PARCEL 89 DEGREES 00 MINUTES 14 SECONDS EAS’I’ A DISTANCE OF 2123.07 FEET; THENCE SOUTH CONTINUING ALONG THE OUTER BOUNDARY OF SAID CANYON PARCEL 01 DEGREES 04 MINUTES 33 SECONDS WEST A DISTANCE OF 61.35 FEET; THENCE SOUTH 85 DEGREES 46 MINUTES 19; SECONDS WEST A DISTANCE OF 2130. 92; FEET; THENCE NORTH 89 DEGREES 24 MINUTES 28; SECONDS WEST A DISTANCE OF 1312.95; FEET; THENCE NORTH 80 DEGREES 51 MINUTES 21; SECONDS WEST A DISTANCE OF 1430.59; FEET; THENCE NORTH 89 DEGREES 42 MINUTES 14; SECONDS WEST A DISTANCE OF 350.00; FEET; THENCE SOUTH 86 DEGREES 28 MINUTES 47; SECONDS WEST A DISTANCE OF 1802.96; FEET; THENCE SOUTH 64 DEGREES 51 MINUTES 34; SECONDS WEST A DISTANCE OF 767.25; FEET; THENCE SOUTH 87 DEGREES 37 MINUTES 33; SECONDS WEST A DISTANCE OF 923.91 FEET TO THE WEST LINE OF SAID CANYON PARCEL; THENCE ALONG THE OUTER BOUNDARY OF SAID CANYON PARCEL NORTH 00 DEGREES 39 MINUTES 25 SECONDS EAST A DISTANCE OF 519.78; FEET TO THE POINT OF BEGINNING.

COUNTY OF ROUTT, STATE OF COLORADO TOGETHER WITH; ALL OF STORM MOUNTAIN RANCH, CANYON PARCEL, COUNTY OF ROUTT, STATE OF COLORADO EXCEPT FOR THE PROPERTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF THE STORM MOUNTAIN RANCH, CANYON PARCEL, COUNTY OF ROUTT, STATE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT THE NORTHWEST CORNER OF SAID CANYON PARCEL; THENCE ALONG THE OUTER BOUNDARY OF SAID CANYON PARCEL EAST A DISTANCE OF 5177.68 FEET.

Our Order No. RTF30004778-4; LEGAL DESCRIPTION THENCE CONTINUING ALONG THE OUTER BOUNDARY OF SAID CANYON PARCEL SOUTH 00; DEGREES 55 MINUTES 31 SECONDS WEST A DISTANCE 200.12 FEET; THENCE SOUTH CONTINUING ALONG THE OUTER BOUNDARY OF SAID CANYON PARCEL, 89 DEGREES 02 MINUTES 11 SECONDS EAST A DISTANCE OF 1312.98 FEET; THENCE NORTH CONTINUING ALONG THE OUTER BOUNDARY OF SAID CANYON PARCEL 00 DEGREES 51 MINUTES 36 SECONDS EAST A DISTANCE OF 190.00 FEET; THENCE SOUTH CONTINUING ALONG THE OUTER BOUNDARY OF SAID CANYON PARCEL 89 DEGREES 00 MINUTES 14 SECONDS EAST A DISTANCE OF 2123.07 FEET; THENCE SOUTH CONTINUING ALONG THE OUTER BOUNDARY OF SAID CANYON PARCEL 01 DEGREES 04 MINUTES 33 SECONDS WEST A DISTANCE OF 61.35 FEET; THENCE SOUTH 85 DEGREES 46 MINUTES 19; SECONDS WEST A DISTANCE OF 2130.92; FEET; THENCE NORTH 89 DEGREES 24 MINUTES 28; SECONDS WEST A DISTANCE OF 1312.95; FEET; THENCE NORTH 80 DEGREES 51 MINUTES 21; SECONDS WEST A DISTANCE OF 1430.59; FEET; THENCE NORTH 89 DEGREES 42 MINUTES 14; SECONDS WEST A DISTANCE OF 350.00; FEET; TIIENCE SOUTH 86 DEGREES 28 MINUTES 47 SECONDS WEST A DISTANCE OF 1802.96; FEET; THENCE SOUTH 64 DEGREES 51 MINUTES 34; SECONDS WEST A DISTANCE OF 767.25; FEET; THENCE SOUTH 87 DEGREES 37 MINUTES 33; SECONDS WEST A DISTANCE OF 923.91 FEET TO THE WEST LINE OF SAID CANYON PARCEL; THENCE ALONG THE OUTER BOUNDARY OF SAID CANYON PARCEL NORTH 00 DEGREES 39 MINUTES 25 SECONDS EAST A DISTANCE OF 519.78; FEET TO THE POINT OF BEGINNING.

COUNTY OF ROUTT, STATE OF COLORADO.

EXHIBIT “B” Our Order No. RTF30004778-4; RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENTS RECORDED MARCH 2, 1898 IN BOOK 21 AT PAGE 248 AND APRIL 30, 1910 IN BOOK 64 AT PAGE 262.

RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENTS RECORDED 22, 1925 IN BOOK 124 AT PAGE 424 AND JULY 22. 1922 IN BOOK 124 AT PAGE 196.

26.

THE TRAVERSE AND RIGHT OF WAY FOR ANY DITCHES, CANALS AND PIPELINES, WHETHER OF RECORD OR IN EXISTENCE ON THE PROPERTY OUTSIDE OF THE HOMESTEAD SITE BOUNDARY BUILDING ENVELOPE.

TERMS, CONDITIONS, AND PROVISIONS BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS CONTAINED IN THE DEED BY AND BETWEEN EVRA L.

PHILLIPS AND KEITH BAILEY RECORDED September 23, 1955, IN BOOK 266 AT PAGE 205.

TERMS, CONDITIONS, AND PROVISIONS CONTAINED IN THE DEED OF CONSERVATION EASEMENT BY AND BETWEEN STORM MOUNTAIN RANCH, LLC, A COLORADO LIMITED LIABLILITY COMPANY AND YAMPA VALLEY LAND TRUST, INC., A COLORADO NON-PROFIT CORPORATION RECORDED December 26, 1997, IN BOOK 741 AT PAGE 465 AND AMENDED IN FIRST AMENDMENT TO CONSERVATION EASEMENT RECORDED September 23, 1999 IN BOOK 762 AT PAGE 991.

EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF STORM MOUNTAIN RANCH, CANYON PARCEL.

TERMS, CONDITIONS, STIPULATIONS, OBLIGATIONS, EASEMENTS, AGREEMENTS (INCLUDING COMMON EXPENSES, FEES AND COSTS UNDER THE COMMON INTEREST OWNERSHIP ACT) AND RESTRICTIONS WHICH DO NOT CONTAIN A FORFEITURE OR EXHIBIT “B” Our Order No. RTF30004778-4; REVERTER CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42, SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS, AS CONTAINED IN THE DECLARATION FOR STORM MOUNTAIN RANCH, RECORDED MARCH 17, 1999 AT RECEPTION NO.

507193 IN BOOK 756 AT PAGE 576, AS MODIFIED BY THE FIRST DECLARATION OF ANNEXATION RECORDED NOVEMBER 16, 1999 AT RECEPTION NO.

519643 IN BOOK 764 AT PAGE 747, AND AS AMENDED BY THE FIRST AMENDMENT RECORDED NOVEMBER 16, 1999 AT RECEPTION NO. 519644 IN BOOK 764 AT PAGE 748, AND AS AMENDED BY THE SECOND AMENDMENT RECORDED 8 21, 2000 UNDER RECEPTION NO.

531897.

TERMS, CONDITIONS, AND PROVISIONS CONTAINED IN AGREEMENT REGARDING APPROVAL OF ROADS SERVING STORM MOUNTAIN RANCH SUBDIVISION EXEMPTION BY AND BETWWEN ROUTT COUNTY, COLORADO AND STORM MOUNTAIN RANCH, LLC, A COLORADO LIMITED LIABILITY COMPANY RECORDED March 17, 1999, IN BOOK 756 AT PAGE 573, AS MODIFIED BY THE INSTRUMENT RECORDED NOVEMBER 16, I999 AT RECEPTION IN BOOK 764 AT PAGE 745.

EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF STORM MOUNTAIN RANCII.

DITCH AND WATER RIGFITS, CLAIMS OR TITLE TO SAME.

TERMS, CONDITIONS AND PROVISIONS OF ROAD EASEMENT AND RESTRICTIVE COVENANTS RECORDED January 12, 1999 IN BOOK 754 AT PAGE 451.

TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN EMERGENCY ACCESS EASEMENT AGREEMENT RECORDED December 30, 2002 UNDER RECEPTION NO. 575264.

EXHIBIT C Recorded at o’clock .M.

Reception Recorder RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Bank of America, N.A.

Attn: Ms. Erin Fleischer 700 Louisiana, 12th Floor Houston, Texas 77002; DEED OF TRUST, SECURITY AGREEMENT, FINANCING STATEMENT AND ASSIGNMENT OF RENTS AND LEASES (This document is a Construction Mortgage under §4-9-313 of the Colorado Uniform Commercial Code) THIS DEED OF TRUST, SECURITY AGREEMENT, FINANCING STATEMENT AND ASSIGNMENT OF RENTS AND LEASES, (“Deed of Trust”), is dated July 27, 2004, regardless of the date of execution, is made and given by James M. Temple (“Grantor”), whose address is 8414 Firethorn Court, Longmont, Colorado 80503, to the PUBLIC TRUSTEE OF ROUTT COUNTY, COLORADO (“‘Trustee”), for the use and benefit of Bank of America, N.A.

(“Beneficiary”), whose address is 700 Louisiana, 12’h Floor, Houston, Texas 77002.

ARTICLE I GRANT TO TRUSTEE 1.1 In order to secure repayment of the Note and each and every of the other obligations described in Article III below, the performance of every covenant of Grantor under this Deed of Trust and the payment of any and all sums advanced by Beneficiary to protect the security of this Deed of Trust, Grantor does hereby grant, bargain, sell and convey unto said Trustee the following Real Property (“Real Property”) to wit: A fee simple estate situated in the County of Routt, State of Colorado, legally described in Exhibit “A” attached hereto, SUBJECT TO AND EXCEPTING only those matters set forth on Exhibit “B” attached hereto TOGETHER WITH: 1.1.1 All structures, buildings and improvements of every kind and description now or at any time hereafter located, erected or placed on the Real Property and all materials to be used or intended for the construction, renovation, reconstruction, alteration, repair or replacement of such buildings, structures or improvements to the extent any of the foregoing are now or hereafter owned by Grantor; 1.1.2 All machinery, apparatus, equipment, fittings and fixtures, whether actually or constructively attached, including all trade, domestic, and ornamental fixtures now or hereafter located in, upon, or under the Real Property or improvements thereon and used or usable in connection with any present or future operations thereof, including, but not limited to, all heating, air-conditioning, freezing, lighting, solar, laundry, and incinerating equipment, systems or apparatus, all pipes, fittings, pumps, tanks, motors, conduit, switches, plumbing, lifting, cleaning, fire prevention or extinguishing, refrigerating, ventilating, air handling, cooking, humidification, telephone, computer, and communications apparatus or systems, satellite dishes, all security devices, equipment or systems, outdoor lighting, coils and snowmelt systems, swimming pools, jacuzzis, saunas and all related apparatus, garage door systems, stoves, refrigerators, boilers, water heaters, ranges, furnaces and burners, built-in appliances, vacuum cleaning systems, elevators, escalators, alarm systems, shades, awnings, screens, storm doors and windows, shelving, locks, partitions, window shades, attached cabinets, storage or other lockers, partitions, ducts, duct work and compressors, rugs, carpets, other floor coverings, draperies, rods and brackets; and all other additions thereto, substitutions thereof, and replacements therefor to the extent any of the foregoing are now or hereafter owned by Grantor; 1.1.3 All right, title and interest of Grantor in and to all water and water rights, ditch and ditch rights, reservoir and reservoir rights, and all shares of water, reservoir or ditch stock evidencing the same appurtenant to or used in connection with the Real Property, and all and any appropriation rights, water allocation licenses or permits relating to water used, attributable to or benefitting the Real Property, together with all pumps and pumping plants, equipment or machinery and all ditches, locks, transfers, splitter boxes, laterals, and gates located thereon or used in connection therewith; 1.1.4 All right, title and interest of Grantor in and all oil, gas, coal, other hydrocarbons and all other minerals, and emblements now or hereafter on, under or above the Real Property or any part or parcel hereof; 1.1.5 All tenements, hereditaments, easements, rights-of-way, strips, gores of land, riparian rights and appurtenances appurtenant to, used or in any way benefitting the Real Property whether now owned or hereafter acquired by Grantor and all rights of ingress and egress to, from, over or across adjoining property whether such rights now exist or subsequently arise; 1.1.6 All right, title and interest of Grantor, if any, in and to the land lying on the bed of any street, road, avenue or alley, opened or proposed, in front of or adjoining the Real Property and all right, title and interest of Grantor in any vacated or hereafter vacated street or alley adjoining said Real Property; 1.1.7 All development rights and land use approvals associated with the Real Property, including rights previously or subsequently transferred to the Real Property or Grantor from other land, or now or hereafter transferable from the Real Property to other land; and 1.1.8 All of the water, sanitary and storm sewer systems now or hereafter owned by the Grantor which are now or hereafter located by, over, and/or upon the Real Property or any part and parcel thereof, and which water systems include all water mains, service laterals, hydrants, valves and appurtenances, and which sewer systems include all sanitary sewer lines, including mains, laterals, manholes and appurtenances.

1.1.9 All other or greater rights, titles and interests of every kind and nature in and to the Real Property now owned or subsequently acquired by Grantor.

Unless the context requires otherwise, the term “Real Property” shall also include all the property rights, titles and interests described in Paragraphs 1.1.1; through 1.1.9 herein.

ARTICLE II SECURITY INTEREST 2.1 Grantor in order to secure repayment of the Promissory Note and any and all other obligations described in Article III below, the performance of every covenant of Grantor under this Deed of Trust and the payment of any and all sums advanced by Beneficiary to protect the security of this Deed of Trust, hereby grants to Beneficiary a security interest in any and all personal property, tangible or intangible (the “Personal Property”), that may comprise a portion of, be located on or used in connection with the Real Property, including any and all of the following now or hereafter owned by Grantor to wit: 2.1.1 All permits, franchises, licenses, applications and land use or other local, state, federal or private approvals or permits, whether of an architectural control committee or otherwise, and all quasi-public approvals, whether of a water or sanitation district or other district, or state, county or loan authority or otherwise pertaining to the Real Property or the improvements located thereon and used or to be used in the development or operation thereof; 2.1.2 All prepaid water, sewer, and other utility fees paid to any governmental agency or to a water or sanitary sewer district or a utility company, and all water and sewer taps or deposits Grantor has made or may hereafter make with respect to the Real Property, and all of Grantor’s rights to have the Real Property served with water, sewer, and other utilities; 2.1.3 All agreements, leases, contract rights, documents of title, plats, surveys, soil and engineering data, architectural and engineering plans, drawings, studies, plans and specifications, rights under architectural or engineering contracts, warranties, written or implied, service contracts, employment agreements, made or entered into by Grantor or benefitting to Real Property or improvements thereon; 2.1.4 All fixtures, appliances, carpeting, machinery and equipment that are used or being held for use in connection with the ownership, maintenance or operation of the Real Property, and the improvements constructed or to be constructed thereon; 2.1.5 All goods, building and other materials, supplies, inventory and stock in trade and other tangible personal property of every nature now owned or hereafter acquired by Grantor and used, intended for use, or usable in the construction, development, or operation of the Real Property, together with all accessions thereto, replacements and substitutions therefor and proceeds thereof; 2.1.6 All present and future contracts and policies of insurance which insure the Real Property or any building, structures or improvements located or to be located thereon, or any such fixtures or personal property, against casualties and theft, and all monies and proceeds and rights thereto which may be or become payable by virtue of any such insurance contracts or policies; 2.1.7 All compensation, proceeds or awards including interest thereon, for the taking of title to or possession or use of the Real Property or any such buildings, structures, improvements, fixtures or Personal Property or any part thereof as a result of the exercise of any right of eminent domain or condemnation; 2.1.8 All income or revenues, of any nature whatsoever attributable to or received in connection with the Real Property, including, although not limited to, rents and security deposits, if applicable, and any hotel, motel or lodge deposits or receipts.

  1. l.9 All of Grantor’s right, title and interest as seller in and to all contracts, options or agreements for the sale of the Real Property, or any part thereof, heretofore or hereafter made and entered into, by or on behalf of the Grantor, together with all deposits and payments in connection therewith, together with any and all receivables now or hereafter due the Grantor with respect to such agreements, contracts or options.

Nothing herein shall be construed as any consent by Beneficiary to the sale of the Real Property or any part thereof or assumption or assignment of the indebtedness secured hereby to or by any third party.

2.2 In the absence of a separate security agreement, this Deed of Trust shall constitute a security agreement, and Beneficiary shall, cumulative of all other rights, have all rights of a secured party under the Colorado Uniform Commercial Code (“UCC”) with respect to the security interest granted herein. Further, this instrument is intended to be a “fixture filing” pursuant to Sections 4-9-334 and 4-9-502(b) of the UCC with respect to any goods which are or will be fixtures related to the Real Property. For the purposes of this Article, Grantor is the Debtor, and Beneficiary is the Secured Party. Grantor will execute and deliver to Beneficiary all financing, continuation or other statements that may from time to time be required by Beneficiary to establish and maintain the validity and priority of the security interest of Beneficiary, or any modification thereof and pay all costs and expenses of any searches reasonably required by Beneficiary and also pay all costs of any filing or recording fees for any financing statements, continuation or termination statements. It is expressly agreed that until such time as the obligations in Article III below have been paid and performed in full, or until the security interest granted hereby has been released in writing by Beneficiary, this Deed of Trust shall remain fully effective as a security agreement, notwithstanding that the lien on Real Property that is created by this Deed of Trust may be extinguished or released, by foreclosure of this Deed of Trust or otherwise.

2.3 This instrument is also intended to be a “construction mortgage” pursuant to Section 4-9-313(c) of the UCC to the extent this instrument secures an obligation incurred far the construction of improvements or the refinancing of an existing construction mortgage.

2.4 As to the Personal Property, Grantor hereby represents, warrants and agrees with Beneficiary as follows: 2.4.1 Except for the security interest granted hereby Grantor is, and will be, the sole owner of the Personal Property, free from any adverse lien, security interest, encumbrance or adverse claims thereon of any kind whatsoever. Grantor will notify Beneficiary of, and will defend the Personal Property against, all claims and demands of all persons at any time claiming the same or any interest therein.

2.4.2 Grantor will not lease, sell, convey or in any manner transfer the Personal Property without the prior written consent of Beneficiary.

2.4.3 All covenants and obligations of Grantor contained in other articles of this Deed of Trust relative to the Real Property shall to the extent applicable (such as requirements to insure and pay taxes) be deemed to apply to the Personal Property whether or not said covenants or obligations are expressly referred to or contained herein.

2.5 Upon any event of default hereunder, and at any time thereafter, Beneficiary shall have the right to take immediate and exclusive possession of the Personal Property, or any part thereof, and for that purpose may, so far as Grantor can give authority therefor, with or without judicial process, enter (if this can be done without breach of the peace) upon any place on which the Personal Property or any part thereof may be situated and remove the same therefrom, and Beneficiary shall be entitled to hold, maintain, preserve and prepare the Personal Property for sale, until disposed of, or may retain the Personal Property subject to Grantor’s right of redemption, if any, in whole or partial satisfaction of Grantor’s obligations.

Beneficiary without removal may render the Personal Property unusable and dispose of the Personal Property where located. Beneficiary may require Grantor to assemble the Personal Property and make it available to Beneficiary for its possession at a place to be designated by Beneficiary that is reasonably convenient to both parties. Beneficiary shall give Grantor reasonable notice of the time and place of any public sale thereof or of the time after which any private sale or any other intended disposition thereof is to be made. The requirements of reasonable notice shall be met if such notice is mailed, by certified mail or equivalent, postage prepaid, to the address of Grantor referred to above at least. seven (7) days prior to the time of the sale or disposition.

Beneficiary may buy at any public sale, and Beneficiary may buy at private sale if the Personal Property is of a type customarily sold in a recognized market or is of a type that is the subject of widely distributed standard price quotations or where an appraisal has been obtained. Any such sale may be held as part of and in conjunction with any judicial foreclosure sale or Trustee’s sale of the Real Property, the Personal Property and Real Property to be sold as one lot if Beneficiary so elects. The net proceeds realized upon any such disposition after deduction for the expenses of retaking, holding, preparing for sale, selling or the like and the fees and disbursements of attorneys incurred by Beneficiary, shall be applied in satisfaction of the indebtedness secured hereby, and Beneficiary shall account to Grantor for any surplus realized on such disposition.

2.6 The remedies of Beneficiary hereunder are cumulative and the exercise of any one or more of the remedies provided for herein or under the UCC shall not be construed as a waiver of any of the other remedies of Beneficiary.

2.7 This Deed of Trust constitutes a financing statement under the UCC with respect to the Personal Property. As such, this Deed of Trust covers all items of the Personal Property that are or become fixtures on the Real Property.

Also known by street and number as: CO 80487; 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, 03/23/2011, at Office of the Public Trustee, Routt County Courthouse, 522 Lincoln Avenue, Steamboat Springs, Colorado 80477, 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: 1/30/2011; Last Publication: 2/27/2011; Name of Publication: Steamboat Pilot & Today DATE: 11/30/2010; Jeanne Whiddon, Public Trustee in and for the County of Routt, State of Colorado /s/: Jeanne Whiddon By: Jeanne Whiddon Routt County Public Trustee The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is: Lathrop & Gage LLP 370 17th Street, Suite 4650, Denver, CO 80202-5607 (720) 931-3228; 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 #: Temple ©Colorado Public Trustees’ Association Revised 12/2009;


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