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WELD CIYNIY C JMIISSIINERS
P r`21 S V
AUG 2 1977
IN THE DISTRICT COURT GREELETa COLO:
IN AND FOR TILE COUNTY OF WELD
STATE OF COLORADO
Civil Action No . e2
IN 9 3 7vZ
IN THE MATTER OF THE APPLICATION )
OF THE FIRST NATIONAL BANK OF )
WINDSOR, COLORADO, )
A NATIONAL BANKING ASSOCIATION, )
FOR AN ORDER AUTHORIZING THE ) N O T I C E
PUBLIC TRUSTEE OF THE COUNTY OF )
WELD, STATE OF COLORADO, TO SELL )
CERTAIN REAL PROPERTY UNDER A )
POWER OF SALE CONTAINED IN A )
DEED OF TRUST )
TAKE NOTICE THAT YOU MAY BE AFFECTED BY THE
FORECLOSURE OF A DEED OF TRUST ON THE REAL PROPERTY DESCRIBED
BELOW.
The First National Bank of Windsor, Colorado , a National
Banking Association, filed a Motion with this Court , claiming to
be the owner of a promissory note in the original amount of
$150, 000 . 00 plus interest at the rate of 10% per annum dated
March 14 , 1975 , signed by Donald J. Evezich, Rocca Evezich,
Paul D. Evezich, and Kathleen F. Evezich and a deed of trust to
the Public Trustee of the County of Weld, Colorado, dated
March 14 , 1975 , signed by Donald J. Evezich and Paul D. Evezich
as the two general partners of Evezich Oil Company, and individu-
ally by Donald J. Evezich, Rocca Evezich, Paul D. Evezich, and
Kathleen F. Evezich, and recorded April 4 , 1975 at Book 735 , with
Reception Number 1657439 of the records of the County of Weld,
State of Colorado .
The Motion claims that The First National Bank of
Windsor, Colorado, a National Banking Association, has the right
to foreclose the deed of trust because of default in making the
final payment on the note described above and because of the
unacceptable deterioration of the net worth of the parties . The
Motion requests a Court Order authorizing the Public Trustee to
sell the following real property in the County of Weld, State of
Colorado :
Lots 23 through 30 , in Block 7 , in the Town
770519
of Frederick, Weld County, Colorado .
V-07
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,r" If you dispute the default or other facts claimed by
The First National Bank of Windsor , Colorado , a National Banking
Association, to justify this foreclosure , or if you are entitled
to protection against this foreclosure under the Soldiers ' and
Sailors ' Civil Relief Act of 1940, as amended, you must make a
written response to the Motion, stating under oath the facts
upon which you rely and attaching copies of all documents which
support your position. This response must be filed with the
Clerk of this Court at 9th Avenue and 9th Street, Weld County
Courthouse,/�� Greeley, Colorado, 80631 , not later than
(�(,eCE tQh, JF , 1977 , and a copy of the response
must also be mailed or delivered by the same date to Ronald W.
Rutz , Suite 602 , First National Tower, 215 West Oak Street,
Fort Collins , Colorado, 80521 , attorney for The First National
Bank of Windsor, Colorado.
A hearing on the Motion is scheduled for 9 : o D
o ' clock _.M. , on / ,tral , 1977 , of this
Court at 9th Avenue and 9th Street, Weld County Courthouse,
Greeley, Colorado. You may attend this hearing, with or without
an attorney. IF NO RESPONSE IS FILED BY (2,1t 7 ) y" pro
1977 , THE COURT MAY WITHOUT ANY HEARING AUTHORIZE THE FORECLOSURE
AND PUBLIC TRUSTEE ' S SALE WITHOUT FURTHER NOTICE .
Dated at Greeley, Colorado, 9.2 cf a7 , 1977 .
CLERK OF THE DISTRICT COURT
CiQ ,
De ty
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NOTICE
TO:
RE : Public Trustee ' s Sale No . : // 0,--
YOU AND EACH OF YOU TAKE NOTICE that a statutory fore-
closure has been commenced through the office of the undersigned
Public Trustee . Said foreclosure is based on a default under the
Deed of Trust executed by the Grantor on March 14 , 1975 ; recorded
in the County of Weld, State of Colorado, on April 4 , 1975 , in
Book 735, Reception No . 1657439 .
FURTHER, you are advised that a public sale, pursuant
to 1 w, will be conducted by the undersigned at /O ; v o a .m. on
-r 13 , 19 7, at (�ntAZ; O(4Z.,c____ , Colorado ,
whereat , the above-described real property and improvements thereon
will be sold to the highest bidder .
FURTHER, you are advised that as the named Grantor(s) in
the Deed of Trust , you or subsequent owner of record may take
appropriate and timely action under one (1) of the following stat-
utes :
1 . Chapter 38 , Article 39 , Section 118 , Colorado Revised
Statutes, 1973 - Where the only default under a Deed of Trust is
nonpayment, you may give written notice to the undersigned Public
Trustee of your intent to cure said default . Any such notice must
be received by the undersigned not less than seven (7) days prior
to the public sale date heretofore specified. You must thereafter
pay to the undersigned Public Trustee in cash or certified funds
only an amount equal to the sum of all delinquent principal and
interest payments, plus all costs , expenses , late charges , attorney 's
fees and other fees incurred by the holder pf the Note and Deed of
Trust upon which these proceedings are based. Said payment must be
made on or before twelve o ' clock noon on the day preceding the date
scheduled for the public sale . Upon receipt of the aforesaid
requisite sume, these proceedings shall terminate .
2 . Chapter 38 , Article 39 , Section 102 , Colorado Revised
Statutes , 1973 - Within seventy-five (75) days/six (6) months after
the aforesaid public sale, you may file with the undersigned Public
Trustee a notice of your intent to redeem this foreclosure . Within
the above-prescribed time period, you may redeem this foreclosure by
paying to the undersigned Public Trustee in cash or certified funds
only the sum for which the subject property was sold at the public
sale together with interest thereon at the rate provided in the
Note or Deed of Trust , as well as , any amounts paid for taxes or
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any other expenses attributable to the subject real property and
improvements thereon. Upon timely receipt of the requisite funds ,
the undersigned Public Trustee will take appropriate steps to pay
the indebtedness upon which this foreclosure is based, discharged
the lien of the subject Deed of Trust and restore title to your
name .
FURTHER, in order to be entitled to take advantage of
either of the foregoing statutes , you must strictly comply and
adhere to the provisions thereof . You are advised that the above-
enumerated paragraphs merely summarize the applicable statutes ;
therefore , you should read the actual statutes in order to deter-
mine the requisite procedures and provisions which control the
rights and duties therein specified.
All telephone inquiries for information should be directed
to the office of the undersigned Public Trustee at :
Area Code - 303 Phone - 356-2300
DATED at Greeley , Colorado , this 27 day of
ct“--er
, A.D . , 197J.
be-_—.;14,n /.:C.11“,„/C-_" Elizabeth Kearns
Public/ ustee of the County of 609 8th Avenue
Weld, ( to of Colorado P .O. Box 792
Greeley, Colorado 80631
CERTIFICATE OF MAILING
I hereby certify that the Notice was mailed to the
Grantor and Owner by depositing true copies thereof in the United
States mail with sufficient postage prepaid and addressed to the
said Grantor and Owner at each and all addresses set forth in the
said and foregoing Notice this c>27 day of 9Llir , 1977
LL�Lu,G7�/C/Ld.c,
Publi rustee
Weld County, Colorado
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