CRS §38-38-103 FORECLOSURE SALE NO. 10-223

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:

On September 29, 2010, the undersigned Public Trustee caused the Notice of Election and Demand relating to the Deed of Trust described below to be recorded in the County of Routt records.

Original Grantor(s):

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Betty J Lay and Hattie M Miles

Original Beneficiary(ies):

Bank of America, N.A.

Current Holder of Evidence of Debt:

Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Banc of America Alternative Loan Trust 2005-12 Mortgage Pass-through Certificates, Series 2005-12

Date of Deed of Trust: 10/31/2005

County of Recording: Routt

Recording Date of Deed of Trust:11/4/2005

Recording Reception Number:628571

Original Principal Amount: $450,000.00

Outstanding Principal Balance: $420,037.40

Pursuant to CRS §38-38-101(4)(i), you are hereby notified that the covenants of the deed of trust have been violated as follows: failure to pay principal and interest when due together with all other payments provided for in the evidence of debt secured by the deed of trust and other violations thereof.



A parcel of land located in the SW1/4 SECTION 14, and in the NE1/4SE1/4 SECTION 15, TOWNSHIP 3 NORTH, RANGE 84 WEST of the 6th P.M., Routt County, Colorado, described as follows:

Beginning at the W1/4 corner of Section 14;

thence S 39d00m10s E 393.94 feet;

thence S 05d23m49s E 120.32 feet;

thence N 84d36m11s E 185.56 feet;

thence N 33d27m50s E 122.36 feet;

thence S 89d56m42s E 2137.92 feet to the east line of the SW1/4 of Section 14;

thence S 03d26m03s W 2279.71 feet along said east line to the S1/4 corner of said Section 14;

thence N 89d41m20s W 2671.64 feet along the south line of the SW1/4 of said Section 14 to the SW corner of said Section 14;

thence N 03d32m09s E 1287.23 feet along the west line of the SW1/4SW1/4 of said Section 14 to the SE corner of the NE1/4SE1/4 of Section 15;

thence S 89d17m24s W 1278.33 feet along the south line of said NE1/4SE1/4 to the SW corner of said NE1/4SE1/4;

thence N 02d36m59s E 1297.95 feet along the west line of said NE1/4SE1/4 to the NW corner of said NE1/4SE1/4;

thence N 89d49m23s E 1298.37 feet along the north line of said NE1/4SE1/4 to the Point of Beginning.

Subject to a 30 foot wide ingress and egress easement located in the W1/2 SW1/4, W1/2 NW1/4 and the NE1/4 NW1/4 of Section 14, T3N, R84W, of the 6th P.M., Routt County, Colorado, said easement being 15.0 feet on each side of the following described center line;

Beginning at the W1/4 corner of Section 14;

thence S 03d32m09s W 2064.25 feet along the west line of the SW1/4 of Section 14 to its intersection with the existing center line of Routt County Road 16;

thence N 74d28m44s E 15.87 feet along said center line to the True Point of Beginning;

thence N 03d32m09s E 926.26 feet along a line 15.0 feet distant from and parallel with the west line of the SW1/4 of Section 14 to the center line of an existing access road;

thence along the center line of said existing access road the following seven calls (7) calls;

thence N 27d46m07s E 43.56 feet;

thence N 31d39m04s E 138.73 feet;

thence N 31d47m23s E 183.31 feet;

thence N 29d44m38s E 178.14 feet;

thence N 33d10m42s E 147.38 feet;

thence N 39d04m43s E 61.84 feet;

thence N 43d42m10s E 114.15 feet to the north boundary line of the above described parcel of land.

and subject to Routt County Road 16.

Bearings are based on Grid North with the monumented west line of the NW1/4 of Section 14 being N03d27m57s E.

Said monuments being standard GLO brass caps found and used for the W1/4 corner and the NW corner of Section 14.

Also known by street and number as: 21090 RCR 16, Oak Creek, CO 80467


The current holder of the Evidence of Debt secured by the Deed of Trust, described herein, has filed Notice of Election and Demand for sale as provided by law and in said Deed of Trust.

THEREFORE, Notice Is Hereby Given that I will at public auction, at 10:00 A.M. on Wednesday, 05/11/2011, at Office of the Public Trustee, Routt County Courthouse, 522 Lincoln Avenue, Steamboat Springs, Colorado 80477, sell to the highest and best bidder for cash, the said real property and all interest of the said Grantor(s), Grantor(s)’ heirs and assigns therein, for the purpose of paying the indebtedness provided in said Evidence of Debt secured by the Deed of Trust, plus attorneys’ fees, the expenses of sale and other items allowed by law, and will issue to the purchaser a Certificate of Purchase, all as provided by law.

First Publication: 3/20/2011

Last Publication: 4/17/2011

Name of Publication: Steamboat Pilot & Today

DATE: 01/12/2011

Jeanne Whiddon, Public Trustee in and for the County of Routt, State of Colorado

/s/: Jeanne Whiddon

By: Jeanne Whiddon

Routt County Public Trustee

The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:

Andrea Rickles-Jordan #39005

Robert J. Aronowitz, Esq. #5673

Joan Olson, Esq. #28078

Jennifer H Trachte, Esq #40391

Joel T. Mecklenberg, Esq. #36291

Marcy McDermott, Esq #38030

Monica Kadrmas, Esq. #34904

Stacey L. Aronowitz, Esq. #36290

Aronowitz & Mecklenburg, L.L.P. 1199 Bannock Street, Denver, CO 80204 (303) 813-1177

The attorney above is acting as a debt collector and is attempting to collect a debt. Any information provided may be used for that purpose.

Attorney file #: 1269.05838

©Colorado Public Trustees’ Association Revised 12/2009

Published in The Steamboat Pilot & Today

First Publication: March 20, 2011

Final Publication: April 17, 2011


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