HomeMy WebLinkAbout961811.tiff DISTRICT COURT, COUNTY OF WELD, STATE OF COLORADO
Civil Action No. 96CV449, Division 1
NOTICE OF HEARING
IN THE MATTER OF THE MOTION OF KEY BANK OF COLORADO, FORMERLY
KNOWN AS THE BANK OF GREELEY, FOR AN ORDER AUTHORIZING THE 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
WITH OMAR MUSSA ELMAGBARI.
TAKE NOTICE THAT YOU MAY BE AFFECTED BY THE FORECLOSURE OF A
DEED OF TRUST ON THE REAL PROPERTY DESCRIBED BELOW.
Key Bank of Colorado, formerly known as The Bank of Greeley,
has filed a Motion for Order Authorizing Sale with this Court,
claiming to be the owner of a Promissory Note, the evidence of
debt, in the original amount of $135, 000. 00 executed by Omar
Mussa Elmagbari, dated September 3 , 1993 , and a Deed of Trust to
the Public Trustee of Weld County dated September 3 , 1993 , and
recorded September 8 , 1993 , in Book 1401, Film 0063 , Reception
No. 02349500, in the records of the Clerk and Recorder of Weld
County, Colorado.
The Motion claims that Key Bank of Colorado, formerly known
as The Bank of Greeley, has the right to foreclose the Deed of
Trust because of the following violations of said Deed of Trust:
(a) Default has been made by the said Omar Mussa Elmagbari,
and all persons claiming by, through, or under him by failing to
make payment of principal, interest, taxes, and other amounts due
and owing under the Deed of Trust and the Promissory Note secured
thereunder on the respective due dates of said Promissory Note
and Deed of Trust and the covenants of said Deed of Trust have
been violated.
The Motion requests a court order authorizing the Public
Trustee to sell the following real property in the County of
Weld, Colorado, to-wit:
Lot 25, Block 8 ,
Westmoor Acres First Filing
A Subdivision of the City of Greeley,
Weld County, Colorado
which has the address of 406 41st Avenue, Greeley,
Colorado 80634 .
I�(q( Together with all the improvements now or hereafter
rI , AU erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of 6,6L n r� lq
n(`l'r RWP:OStBFCIlT10620594 CC efi, %k' 961811
the property. All replacements and additions shall
also be covered by this Security Instrument.
If you dispute the default or other facts claimed by Key
Bank of Colorado, formerly known as The Bank of Greeley, the
owner of the evidence of debt, to justify this foreclosure, or if
you are entitled to protection against this foreclosure under the
Soldier's and Sailor's 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 attach copies of all documents
which support your position. This response must be accompanied
by a $40. 00 docket fee and filed with the Clerk of the District
Court, Room 310, located at 9th Avenue and 9th Street in Greeley,
Colorado, not later than September 25, 1996, or mailed to P.O.
Box C, Greeley, CO 80632 , for filing not later than September 25,
1996, and a copy of the response shall also be mailed or
delivered by the same date to Beverly L. Edwards, Attorney at
Law, 11246 East Mississippi Avenue, Aurora, Colorado 80012 .
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.
A hearing on the motion is scheduled for Monday at 9: 00
a.m. , on September 30, 1996, in Courtroom 1 of this Court at the
Weld County District Court, 901 9th Avenue, Greeley, Colorado.
You may attend this hearing with or without an attorney.
IF NO RESPONSE IS FILED BY SEPTEMBER 25, 1996, THE COURT MAY
WITHOUT ANY HEARING AUTHORIZE THE FORECLOSURE AND PUBLIC
TRUSTEE'S SALE WITHOUT FURTHER NOTICE.
/ /f
DATED this / 1 �((�day of ��c (%�1 , 1996.
RESPECTFULLY SUBMITTED,
RIDER & WOULF .C.
7
Be erl L Edwards, No. 11532
Attorne for Key Bank of Colorado,
formerly known as The Bank of
Greeley, the owner of the evidence
of debt
11246 East Mississippi Avenue
Aurora, Colorado 80012
Telephone: (303) 750-2303
RWF:0418FC117\10620594
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