HomeMy WebLinkAbout20070959.tiff DISTRICT COURT, WELD COUNTY, COLORADO
Court Address: 901 9th Ave., P.O. Box 2038
Greeley, CO 80631
IN THE MATTER OF THE MOTION OF AMERICAN
HOME MORTGAGE SERVICING FOR AN ORDER
AUTHORIZING THE PUBLIC TRUSTEE TO SELL
CERTAIN REAL ESTATE UNDER A POWER OF SALE
CONTAINED WITHIN A DEED OF TRUST A COURT USE ONLY♦
Attorneys for Petitioner: Case Number:
ROBERT J. HOPP & ASSOCIATES, LLC
Address: 333 W. Hampden Avenue, Suite 500
Englewood, CO 80110 Division:
Phone Number: (303) 788-9600
E-mail: w.arant@hopplawfirm.com
Atty. Reg. #: 36864 (William R. Arant, III)
NOTICE OF HEARING April 30, 2007
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, Russell G. Mark, Grantor(s) by Deed of Trust dated July 14, 2006, recorded
July 21, 2006 at Reception No. 3404836 in the records of the County of Weld, Colorado, to
secure to Mortgage Electronic Registration Systems, Inc., as nominee for American Brokers
Conduit the payment of a Promissory Note of even date therewith for the principal sum of
$1,046,500.00 as provided in said Deed of Trust, conveyed to 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 8236 Weld County Road 74 Windsor, CO 80528
NOTICE is hereby given that American Home Mortgage Servicing, 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 ROBERT J. HOPP & ASSOCIATES, LLC, 333 W Hampden
Ave Ste 500, Englewood, CO 80110, telephone (303) 788-9600, not less than five (5) days prior
to the date set for hearing on Petitioner's Motion for Order Authorizing Sale.
If this case is not filed 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 five 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: April 30, 2007 at 9:00 am
Place of Hearing: District Court of Weld County
901 9th Ave., P.O. Box 2038
Greeley, CO 80631
IF NO RESPONSE IS FILED BY April 25, 2007 THE COURT MAY WITHOUT ANY
HEARING AUTHORIZE THE FORECLOSURE AND PUBLIC TRUSTEE'S SALE
WITHOUT FURTHER NOTICE.
DATED: April 4, 2007
ROBERT J. HOPP & ASSOCIATES, LLC
Original signature on file
/S/
William R. Arant, III, Registration No. 36864
Attorney for American Home Mortgage Servicing
Mark/ 07-00235RH
Petitioners Address: 4600 Regent Blvd, #200
Irving, TX 75063
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.
EXHIBIT "A"
A parcel of land being a part of the NW1/4 of Section 4,Township 6 North,Range 67 West of the 6th P.M.,
County of Weld, State of Colorado and being more particularly described as follows:
BEGINNING at the North Quarter Corner of said Section 4,said point being the Northwest Corner of a parcel
described in Book 218 at Page 75 recorded on June 21, 1904 and assuming the East Line of the NW1/4 as bearing
S01°36'17"E,a distance of 2,566.33 feet with all other bearings contained herein relative thereto; thence along
said parcel the following seven courses and distances:
Thence S01°36'17"E along said East line, a distance of 1,089.14 feet; thence$69°27'03"W,a distance of 674.35
feet; thence N73°02'57"W,a distance of 490.00 feet; thence N30°12'57"W,a distance of 288.00 feet; thence
N08°02'57"W,a distance of 543.00 feet; thence N 20°12'57"W, a distance of 402.94 feet to the North line of said
NWI/4; thence N89°16'55"E along said North line,a distance of 1,429.98 feet to the True Point of Beginning,
County of Weld,State of Colorado.
EXCEPTING therefrom that parcel of land as conveyed to the County of Weld by Deed recorded December 11,
1991 in Book 1319 at Reception No. 2271912.
AND EXCEPTING therefrom any part thereof described in Deed recorded December 14, 1953 in Book 1377 at
Page 141.
AND EXCEPTING therefrom any part thereof described in Deed of Dedication recorded January 26,2007 at
Reception No.3451149.
NORCE OF PUBLIC TRUSTEE SSBSALE
Factotum FTho irst Hof the Deed of e ay Rust epedbeiaar m not be the
To whom it may concern:This notice is Con with to the
Idlaelrq described Deed of Trust recorded in Weld •
Original Grantor
(BcaM000weer�r)e:pp Russell G.Mark
Inc..as nominee Beneficiary:Msxken Brokers ConduitBnetion Systems,
Current ren Owner of Evidence of Debt:American Home Mortgage
ng
Date of Deed of Trust:7/142006
Recording Date of Deed of Trust:7/21/2006
Reception Number of Deed of Trust:3404836
You are hereby notified that the owner of the evidence of debt
has filed written Notice of Electbn and Demand for sale as pro-
vided for in the Deed of Trust described above.
The original principal amount of the debt Is$1,046,500.00 and is
secured by the Deed of Trust described above.The outstanding
principal balance due and owing upon said evidence of debt is
$1,058,539.08 as of 320/2007.
The real property being foreclosed is all of the real and/or per-
sonal property encumbered by said Deed of Trust,and is
described as follows:
SEE EXHIBT A ATTACHED HERETO AND INCORPORATED
HEREIN BY REFERENCE
also known by street and number as:
8236 Weld County Road 74,Windsor,CO 80528
Therefore,notice is hereby given that I will at 1090 A.M.o'clock
on the date of Jury 03,2007 at 809 9th St 41 Greeley Co,80631
sell at public auction to the highest and best bidder for cash,the
real property described above,and all interest of said Grantor,
the heirs,successors and assigns of said Grantor,for the pur-
pose of paying the indebtedness provided in said evidence of
debt and Deed of Trust,attorneys fees,and the expenses of the
sale,end will deliver to the purchaser a certificate of purchase,
all as provided by law.
Susie Velasquex
Public Trustee of Wed County,State of Colorado
Dated as of:May 14,2007
The name and address of the attorney for current owner of evi-
dence of debt is:
Robert J.Hopp 8 Associates,LLC,PO BOX 8986,DENVER,
CO 80202
First Publication:5/112007
Last Publication:6/29/2007
Name Of Publication:The Greeley Tribune
EXHIBIT A
A PARCEL OF LAND BEING A PART OF THE NW1/4 OF SEC-
TION 4,TOWNSHIP 8 NORTH,RANGE 87 WEST OF THE 6TH
PRINCIPAL MERIDIAN,COUNTY OF WELD.STATE OF COL-
ORADO.BEING MORE PARTICULARLY DESCRIBED AS FOL-
LOWS:
BEGINNING AT THE NORTH QUARTER CORNER OF SAID
SECTION 4,SAID POINT BEING THE NORTHWEST CORNER
OF A PARCEL DESCRIBED IN INSTRUMENT RECORDED
JUNE 21,1904 IN BOOK 218 AT PAGE 75 AND ASSUMING
THE EAST LINE OF THE NW1/4 AS BEARING SOUTH 01
DEGREES 36 MINUTES 17 SECONDS EAST,A DISTANCE OF
2566.33 FEET WITH ALL OTHER BEARINGS CONTAINED
HEREIN RELATIVE THERETO:
THENCE ALONG SAID PARCEL THE FOLLOWING SEVEN
COURSES AND DISTANCES;THENCE SOUTH 01 DEGREES
36 MINUTES 17 SECONDS EAST ALONG SAID EAST LINE A
DISTANCE OF 1089.14 FEET;
THENCE SOUTH 69 DEGREES 27 MINUTES 03 SECONDS
WEST A DISTANCE OF 874.35 FEET;THENCE NORTH 73
DEGREES 02 MINUTES 57 SECONDS WEST A DISTANCE
OF 490.00 FEET;THENCE NORTH 30 DEGREES 12 MIN-
THENCE SECONDSNORTH 57 DEGREES 02 DISTANCE
OF 57 57 9SECONDS
WEST A DISTANCE OF 543.00 FEET;THENCE NORTH 20
DEGREES 12 MINUTES 57 SECONDS WEST A DISTANCE
OF 402.94 FEET TO THE NORTH IJNE OF SAID NW7/4;
THENCE NORTH 89 DEGREES 16 MINUTES 55 SECONDS
EAST ALONG SAID NORTH LINE ACDISTANCE OF 1429.98
FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PARCEL OF LAND AS CON-
VEYED TO THE COUNTY OF WELD FOR ROADWAY PUR-
POSES,BY DEED RECORDED DECEMBER 11,1991 IN
BOOK 1319 UNDER RECEPTION NO.2271912.
AND EXCEPTING THEREFROM ANY PART THEREOF
DESCRIBED IN DEED RECORDED DECEMBER 14,1953 IN
BOOK 1377 AT PAGE 141.
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