COMBINED NOTICE OF SHERIFF S SALE OF REAL PROPERTY AND RIGHT TO CURE AND REDEEM #

Transcription

1 DISTRICT COURT, LARIMER COUNTY, STATE OF COLORADO Civil Action No. 2016CV30355 COMBINED NOTICE OF SHERIFF S SALE OF REAL PROPERTY AND RIGHT TO CURE AND REDEEM # TEHILLAH, LLC, a Colorado limited liability company, Plaintiff, v. JOLI A. LOFSTEDT, as Bankruptcy Trustee for the Estate of LAKEVIEW DEVELOPMENT CORPORATION; LAKEVIEW DEVELOPMENT CORPORATION, a Colorado corporation; DAVID M. SUMMERS; JEFFREY L. HILL, as Bankruptcy Trustee for the Estate of DAVID M. SUMMERS; WILLIAM R. FARR; STACI WETZLER; A.M. BROWN; CHARLES MARRS LIVING TRUST; LANDMARK ENGINEERING, LTD; FISKE, INCORPORATED a/k/a FISKE, INC. d/b/a FISKE ELECTRIC; DEBORAH A. MORGAN, PUBLIC TRUSTEE FOR LARIMER COUNTY, COLORADO; and all unknown persons who claim any interest in the subject matter of this action Defendants. TO THE ABOVE NAMED DEFENDANTS, Please take notice: You and each of you are hereby notified that a Sheriff s Sale of the referenced property is to be conducted by the Sheriff s Department of the at 10 O clock A.M., on the 22nd day of March, 2018, at 2501 Midpoint Drive, Fort Collins, CO 80525, phone number (970) At which sale, the above described real property and improvements thereon will be sold to the highest bidder. Plaintiff makes no warranty relating to title, possession, or quiet enjoyment in and to said real property in connection with this sale. PLEASE NOTE THAT THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN ON THE SUBJECT PROPERTY. Original Grantors Original Beneficiaries Lakeview Development Corporation, a Colorado corporation First Lien Deed of Trust: BALTZ FAMILY PARTNERS, LTD, a Colorado limited liability limited partnership Second Lien Deed of Trust: PIONEER INVESTMENTS & HOLDINGS, LLC, a Colorado limited liability company Third Lien Deed of Trust: BALTZ FAMILY PARTNERS, LTD, a Colorado limited liability limited partnership Fourth Lien Deed of Trust: BALTZ FAMILY PARTNERS, LTD, a Colorado limited liability limited partnership Current Holder of the evidence of debt secured by the Deeds of Trust TEHILLAH, LLC, a Colorado limited liability company Dates of Deeds of Trust First Lien Deed of Trust: December 1, 2009 Second Lien Deed of Trust: September 9, 2010 Third Lien Deed of Trust: April 27, 2011 Fourth Lien Deed of Trust: August 1, 2013 Dates of Recording of Deeds of Trust First Lien Deed of Trust: December 2, 2009 Second Lien Deed of Trust: September 13, 2010 Third Lien Deed of Trust: April 28, 2011

2 Fourth Lien Deed of Trust: August 5, 2013 County of Recording Recording Information Larimer County, Colorado First Lien Deed of Trust: Deed of Trust benefiting Baltz Family Partners, originally recorded December 2, 2009, at reception no and modified in the Modification Agreement recorded November 17, 2011 at reception no and Assigned to Tehillah, LLC by the Assignment recorded October 27, 2017 at reception no Second Lien Deed of Trust: Deed of Trust benefiting Pioneer Investments & Holdings, originally recorded September 13, 2010, at reception no and modified in the Modification Agreement recorded October 5, 2012 at reception no and Assigned to Tehillah, LLC by the Assignment recorded October 27, 2017 at reception no Third Lien Deed of Trust: Deed of Trust benefiting Baltz Family Partners, originally recorded April 28, 2011, at reception no and Assigned to Tehillah, LLC by the Assignment recorded October 27, 2017 at reception no Fourth Lien Deed of Trust: Original Principal Balance of the secured indebtedness $11,401, Deed of Trust benefiting Baltz Family Partners, originally recorded August 5, 2013, at reception no and Assigned to Tehillah, LLC by the Assignment recorded October 27, 2017 at reception no Outstanding Principal Balance of the secured indebtedness as of the date hereof $11,401, Amount of Judgment entered September 17, 2017 $24,255,603.16

3 Description of property to be foreclosed Property encumbered by the First Lien Deed of Trust: Property encumbered by the Second Lien DOT:

4 Property encumbered by the Third Lien DOT:

5 Property encumbered by the Fourth Lien DOT: Tracts 1, 2, 3, 4, 7, 10 and Tract 6, Except that portion as conveyed by Deed recorded April 10, 1997 at Reception No , Excluding: Lots 4-7, Block 11; Lots 1-4, Block 10; Lots 6-10, Block 10; Lot 19, Block 10; Lot 23, Block 10; Lots 8-9, Block 8; and Lots 14-15, Block 8 (previously released). Formerly known as 3702 Club Drive, Loveland, Colorado Now known as the Lakeview Subdivision, Loveland, Colorado and described as follows:,

6 Lots 5, 11-18, and 20-22, Block 10, THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN. The covenants of said Deeds of Trust have been violated as follows: failure to make payments on said indebtedness when the same were due and owing, and the legal holder of the indebtedness has accelerated the same and declared the same immediately fully due and payable.

7 NOTICE OF RIGHT TO CURE AND RIGHT TO REDEEM RE: Sheriff Sale of Real Property under Decree of Judicial Foreclosure, pursuant to Court Order and C.R.S , et seq., Larimer County, This is to advise you that a Sheriff s sale proceeding has been commenced through the office of the undersigned Sheriff pursuant to Court Order dated September 27, 2017 and C.R.S , et seq., by TEHILLAH, LLC, a Colorado limited liability company, the holder and current owner of liens recorded as follows: Deed of Trust benefiting Baltz Family Partners, originally recorded December 2, 2009, at reception no and modified in the Modification Agreement recorded November 17, 2011 at reception no and Assigned to Tehillah, LLC by the Assignment recorded October 27, 2017 at reception no Deed of Trust benefiting Pioneer Investments & Holdings, originally recorded September 13, 2010, at reception no and modified in the Modification Agreement recorded October 5, 2012 at reception no and Assigned to Tehillah, LLC by the Assignment recorded October 27, 2017 at reception no Deed of Trust benefiting Baltz Family Partners, originally recorded April 28, 2011, at reception no and Assigned to Tehillah, LLC by the Assignment recorded October 27, 2017 at reception no Deed of Trust benefiting Baltz Family Partners, originally recorded August 5, 2013, at reception no and Assigned to Tehillah, LLC by the Assignment recorded October 27, 2017 at reception no All in the records of the Clerk and Recorder of Larimer County, THE PROPERTY TO BE SOLD AND DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIENS OF THE DEEDS OF TRUST. The foreclosure is against real property legally described as follows: Property encumbered by the First Lien Deed of Trust:

8 Property encumbered by the Second Lien DOT:

9 Property encumbered by the Third Lien DOT:

10 Property encumbered by the Fourth Lien DOT: Tracts 1, 2, 3, 4, 7, 10 and Tract 6, Except that portion as conveyed by Deed recorded April 10, 1997 at Reception No , Excluding: Lots 4-7, Block 11; Lots 1-4, Block 10; Lots 6-10, Block 10; Lot 19, Block 10; Lot 23, Block 10; Lots 8-9, Block 8; and Lots 14-15, Block 8 (previously released). Formerly known as 3702 Club Drive, Loveland, Colorado Now known as the Lakeview Subdivision, Loveland, Colorado and described as follows:, Lots 5, 11-18, and 20-22, Block 10,

11 You may have an interest in the real property being foreclosed, or have certain rights or suffer certain liabilities pursuant to Colorado statutes or loss of your interest in the subject property as a result of said foreclosure. You may have the right to redeem the real property or you may have the right to cure a default under the instrument being foreclosed. IF THE SALE DATE IS CONTINUED TO A LATER DATE, THE DEADLINE TO FILE A NOTICE OF INTENT TO CURE BY THOSE PARTIES ENTITLED TO CURE MAY ALSO BE EXTENDED. For the purpose of paying off, curing the default, or redemption as provided by the aforementioned laws, intent must be directed to or conducted at the Larimer County Sheriff s office, Civil Division, 2501 Midpoint Drive, Fort Collins, CO A notice of intent to cure filed pursuant to section shall be filed with the officer at least fifteen calendar days prior to the first scheduled sale date or any date to which the sale is continued. A notice of intent to redeem filed pursuant to section shall be filed with the officer no later than eight business days after the sale. You are advised that the parties liable thereon, the owner of the property described above, or those with an interest in the subject property, may take appropriate and timely action under Colorado statutes, certain sections of which are attached hereto. In order to be entitled to take advantage of any rights provided for under Colorado law, you must strictly comply and adhere to the provisions of law. Further, you are advised that the attached Colorado statutes merely set forth the applicable portions of Colorado statutory law relating to curative and redemption rights; therefore, you should read and review all the applicable statutes and laws in order to determine which requisite procedures and provisions control your rights in the subject property. IF THE BORROWER BELIEVES THAT A LENDER OR SERVICER HAS VIOLATED THE REQUIREMENTS FOR A SINGLE POINT OF CONTACT IN SECTION OR THE PROHIBITION ON DUAL TRACKING SECTION , THE BORROWER MAY FILE A COMPLAINT WITH THE COLORADO ATTORNEY GENERAL, THE FEDERAL CONSUMER FINANCIAL PROTECTION BUREAU (CFPD), OR BOTH. THE FILING OF A COMPLAINT WILL NOT STOP THE FORECLOSURE PROCESS Colorado Attorney General Federal Consumer Financial Protection Bureau 1300 Broadway, 10 th Floor PO Box 4503 Denver CO Iowa City IA All telephone inquiries for information should be directed to the office of the undersigned Sheriff at The name, address and telephone number of the attorney representing the legal owner of the above-described liens are Kent Whitmer and William Berry of THE WHITMER LAW FIRM, LLC, PO Box 38, Hot Sulphur Springs, CO 80451, Date: December 28, 2017 LARIMER COUNTY SHERIFF Justin E. Smith, Sheriff BY: Melissa Persing, Sr. Services Tech. First Publication: January 28, 2018 Last Publication: February 25, 2018 Published In: Loveland Reporter-Herald Statutes enclosed: C.R.S , , , , , , , and , as amended.