HomeMy WebLinkAbout20122528.tiff RECEIVED
SEP 1 0 2012
COMMISSIONERS
DISTRICT COURT, WELD COUNTY, COLORADO
Court Address: 901 9th Ave.
Greeley, CO 80632
IN THE MATTER OF THE MOTION OF THE BANK
OF NEW YORK MELLON FKA THE BANK OF NEW
YORK, AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF CWMBS, INC., CHL
MORTGAGE PASS-THROUGH TRUST 2004-22, A COURT USE ONLY
MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2004-22 FOR AN ORDER AUTHORIZING THE
PUBLIC TRUSTEE TO SELL CERTAIN REAL ESTATE
UNDER A POWER OF SALE CONTAINED WITHIN A
DEED OF TRUST
Attorneys for Petitioner: Case Number:
CASTLE STAWIARSM,LLC
Address: 999 18th Street, Suite 2301
Denver,CO 80202
Phone Number: (303) 865-1400
Atty. Reg.#: #16092 (Elizabeth S. Marcus) lmarcus!,crosatty.com
#23449 (Deanna L. Westfall) destfall@crosatty.com Division:
#33214 (Deanne R. Stodden) dstodden@crosatty.com
#34145 (Cynthia Lowery-Graber) cgraber(a crosatty.com
#34531 (Alison L.Berry) aberryna crosatty.com
#34682 (Jennifer C.Rogers) irogers@crosatty.com
#34935 (Britney Beall-Eder) bbeall-eder@crosatty.com
#39976 (Christopher T. Groen)2groen@crosatty.com
#40351 (Kimberly L.Martinez) kmartinez@crosatty.com
#42309 (Reagan Larkin)rlarkin(2I crosatty.com
NOTICE OF HEARING October 3, 2012
THE PEOPLE OF THE STATE OF COLORADO, TO THE GRANTOR(S) IN THE
DEED OF TRUST DESCRIBED HEREIN, AND TO THOSE PERSONS WHO APPEAR
TO HAVE ACQUIRED A RECORD INTEREST IN THE REAL ESTATE THEREIN
DESCRIBED, SUBSEQUENT TO THE RECORDING OF SUCH DEED OF TRUST,
GREETINGS:
WHEREAS, Keith M Campbell, and Lucinda L Loudon-Campbell, Grantor(s) by Deed of
Trust dated August 13, 2004, recorded August 19, 2004 at Reception No. 3210904 in the records
of the County of Weld, Colorado, to secure to Mortgage Electronic Registration Systems, Inc., as
nominee for Countrywide Home Loans, Inc. the payment of a Promissory Note of even date
therewith for the principal sum of $458,000.00 as provided in said Deed of Trust, conveyed to
Ci 'rw .N 0al-i o-n CR. • op'Lu'bj
0-19-41 1L 2012-2528
the Weld County Public Trustee, on the terms set forth in said Note and Deed of Trust, the
following described real property("Property") situate in said County to-wit:
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY
REFERENCE
WHICH HAS THE ADDRESS OF 20242 Weld County Rd 5 Berthoud, CO 80513
NOTICE is hereby given that The Bank of New York Mellon fka The Bank of New York,
as Trustee for The Certificateholders of CWMBS, Inc., CHL Mortgage Pass-Through Trust
2004-22, Mortgage Pass-Through Certificates, Series 2004-22, Petitioner herein, has filed its
Motion with this Court seeking an Order of this Court authorizing a Public Trustee's sale under
the power of sale contained in said Deed of Trust on the grounds that the indebtedness secured by
said Deed of Trust is in default in that among other events of default the current Mortgagor has
failed to pay monthly installments of principal, interest, and if applicable, taxes and insurance
together with applicable late charges as provided in the subject Deed of Trust and Note.
NOTICE is also given that any interested party who disputes the existence of such default
under the terms of said Deed of Trust and Note secured thereby, or who otherwise disputes the
existence of circumstances authorizing the exercise of the power of sale contained in said Deed
of Trust, or who desires to raise such other grounds for the objection to the issuance of an Order
Authorizing Sale which may exist pursuant to the Servicemembers Civil Relief Act, as amended,
must file a response to Petitioner's Motion for Order Authorizing Sale, verified by the oath of
such person, setting forth the facts upon which he relies and attaching copies of all documents
which support his position. Said response must be in writing and filed with the Clerk of the
District Court in and for the County of Weld, State of Colorado, at the address set forth below,
and shall be served upon the Petitioner pursuant to Rule 5(b) of the Colorado Rules of Civil
Procedure at the office of CASTLE STAWIARSKI, LLC, 999 18th Street, Suite 2301, Denver,
CO 80202, telephone (303) 865-1400, not less than seven (7) days prior to the date set for
hearing on Petitioner's Motion for Order Authorizing Sale.
If this case is not fled in the County where your property is located, you have the right to
ask the Court to move the Case to that County. Your request may be made as a part of your
response or any paper you file with the Court at least seven days before the hearing.
Be advised that the Clerk of this Court has set the hearing at the time and place set forth
below when and where any interested person may appear if they so desire, with or without an
attorney.
Date and Time of Hearing: October 3, 2012 at 9:00 am
Place of Hearing: District Court of Weld County
901 9th Ave.
Greeley, CO 80632
IF NO RESPONSE IS FILED BY September 26, 2012 THE COURT MAY WITHOUT
ANY HEARING AUTHORIZE THE FORECLOSURE AND PUBLIC TRUSTEE'S SALE
WITHOUT FURTHER NOTICE.
DATED: Cl
CASTLE STAWIARSKI, LLC
Original signature on file
s/ / Cynthia�.owery-Graber
��
Atto r ey or The Bank of New York Mellon fka
The Bank of New York, as Trustee for The Cert . eholders of CWMBS, Inc., CHL Mortgage
Pass-Through Trust 2004-22, Mortgage Pass-Through Certificates, Series 2004-22
Campbell / 12-03099
Petitioners Address: 400 National Way, SV 35
P.O. Box 10232
Simi Valley, CA 93065-6298
IMPORTANT NOTICE
THE NOTICE AND MOTION IN THIS MATTER ARE BEING FILED SIMULTANEOUSLY
WITH THE MAILING OF THIS NOTICE. YOU MAY OBTAIN THE COURT'S
CASE/CIVIL ACTION NUMBER BY CONTACTING THE COURT OR OUR OFFICE.
LEGAL DESCRIPTION FILE NUMBER ; LT00165019
11111111111 11111 I I I 1111111111111111111111 1111111I
I I
210904 08119/2004 03.26P Weld County, CO
3 of 16 R 81 .00 D 0.00 Steve Moreno Clerk & Recorder
LOT B OF AMENDMENT TO LOT B , MINOR SUBDIVISION NO . 1061 - 21 - 3 -MS -14 , ACCORDING TO THE PLAT
RECORDED MARCH 1 , 1984 IN BOOK 1022 AT RECEPTION NO . 1957631 , BEING A PART OF THE SOUTH
1/2 OF THE SOUTHWEST 1/ 4 OF SECTION 21 , TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE 6TH P . M . ,
EXCEPT THAT PORTION LYING WITHIN WELD COUNTY ROAD 5 , COUNTY OF WELD , STATE OF COLORADO .
ALSO DESCRIBED AS ;
A TRACT OF LAND LOCATED IN THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 21 , TOWNSHIP
4 NORTH , RANGE 68 WEST OF THE 6TH P . M . , WELD COUNTY, COLORADO AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS ,
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 21 AND CONSIDERING THE WEST LINE OF THE
SOUTHWEST QUARTER OF SAI➢ SECTION 21 TO BEAR NORTH 00 DEGREES 16 MINUTES 32 SECONDS EAST,
WITH ALL OTHER BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO ; THENCE NORTH 00 DEGREES
16 MINUTES 32 SECONDS EAST , 766 . 54 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
NORTH 00 ➢EGREES 16 MINUTES 32 SECONDS EAST , 555 . 29 FEET TO THE NORTHWEST CORNER OF THE
SOUTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 21 ; THENCE NORTH 89 DEGREES 57 MINUTES
39 SECONDS EAST 793 . 47 FEET ALONG THE NORTH LINE OF SAID SOUTH HALF OF THE SOUTHWEST
QUARTER; THENCE SOUTH 11 DEGREES 22 MINUTES 50 MINUTES EAST , 141 . 25 FEET ; THENCE SOUTH 54
DEGREES 15 MINUTES 00 SECONDS EAST , 199 . 70 FEET; THENCE SOUTH 20 DEGREES 46 MINUTES 00
SECONDS WEST, 189 . 10 FEET ; THENCE SOUTH 22 DEGREES 51 MINUTES 00 SECONDS WEST, 93 . 80 FEET;
THENCE SOUTH 77 DEGREES 25 MINUTES 00 SECONDS WEST , 369 . 90 FEET; THENCE SOUTH 89 DEGREES
12 MINUTES 00 SECONDS WEST, 340 . 00 FEET ; THENCE NORTH 36 DEGREES 08 MINUTES 00 SECONDS
WEST , 48 . 02 FEET ; THENCE NORTH 89 DEGREES 43 MINUTES 28 SECONDS WEST , 154 . 55 FEET TO THE
TRUE POINT OF BEGINNING ,
COUNTY OF WELD , STATE OF COLORADO .
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