FORECLOSURE SALE NO. 11-126
July 16, 2011
COMBINED NOTICE – PUBLICATION
CRS §38-38-103 FORECLOSURE SALE NO. 11-126
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On May 5, 2011, 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.
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TRAILHEAD LODGE AT WILDHORSE MEADOWS, LLC, a Colorado limited liability company
LASALLE BANK NATIONAL ASSOCIATION, a National Banking Association, for itself and as agent for certain other banks
Current Holder of Evidence of Debt:
BANK OF AMERICA, NATIONAL ASSOCIATION, as successor by merger to LaSalle Bank National Association, on its own behalf and as agent for Bank of America, National Association and Alpine Bank Steamboat Springs
Date of Deed of Trust:
County of Recording:
Recording Date of Deed of Trust:
Recording Reception Number:
Original Principal Amount:
Outstanding Principal Balance:
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.
THE LIEN FORECLOSED MAY NOT BE A FIRST LIEN.
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
(a) The Real Estate located in the State of Colorado and legally described below (“Real Estate”);
Lot 1, Wildhorse Meadows Filing No. 2 according to the Plat recorded July 25, 2007 at Reception No. 661071, and Filed at File No. 13759;
Now known as Trailhead Lodge at Wildhorse Meadows, according and subject to the Declaration of Covenants, Conditions and Restrictions for Trailhead Lodge at Wildhorse Meadows, recorded May 20, 2009 at Reception No. 687331 of the records of the Clerk and Recorder for Routt County, Colorado and the Condominium Map recorded May 20, 2009 at Reception no. 687332 and filed at File No. 13936 of the Records of the Clerk and Recorder for Routt County Colorado;
less and except the Units listed below that were released by the listed Partial Releases:
Unit Nos. 2116 and 5114 released by Partial Release of Deed of Trust recorded June 29, 2009 at Reception No. 688826;
Unit Nos. 3108, 4112, and 2106 released by Partial Release of Deed of Trust recorded September 2, 2009 at Reception No. 691076;
Unit Nos. 4125, 2112, 3116, and 3124 released by Partial Release of Deed of Trust recorded September 30, 2009 at Reception No. 691785;
Unit Nos. 3103, 3110, 3111, 3122, 4106, and 5103 released by Partial Release of Deed of Trust recorded November 4, 2009 at Reception No. 692969;
Unit No. 2111 released by Partial Release of Deed of Trust recorded November 12, 2009 at Reception No. 693196;
Unit No. 4111 released by Partial Release of Deed of Trust recorded December 7, 2009 at Reception No. 693954;
Unit 2103, 2115, 3104, 5117 released by Partial Release of Deed of Trust recorded December 15, 2009 at Reception No. 694267;
Commercial Unit 1 released by Partial Release of Deed of Trust recorded December 22, 2009 at Reception No. 694546;
Unit 2107 released by Partial Release of Deed of Trust recorded December 22, 2009 at Reception No. 694548;
Unit 5107 released by Partial Release of Deed of Trust recorded December 30, 2009 at Reception No. 694757;
Unit 4108 released by Partial Release of Deed of Trust recorded January 22, 2010 at Reception No. 695430;
Unit 2120 released by Partial Release of Deed of Trust recorded February 18, 2010 at Reception No. 696147;
Unit 3106 released by Partial Release of Deed of Trust recorded January 21, 2011 at Reception No. 708382;
Unit 5122 released by Partial Release of Deed of Trust recorded January 21, 2011 at Reception No. 708383; and
Unit 4109 released by Partial Release of Deed of Trust recorded January 21, 2011 at Reception No. 708384.
(b) All improvements of every nature whatsoever now or hereafter situated on the Real Estate, but excluding the Outdoor Amenity Improvements, and all fixtures and personal property of every nature whatsoever now or hereafter owned by Grantor and located on, or used in connection with the Real Estate or the improvements thereon, but excluding the Outdoor Amenity Improvements, or in connection with any construction thereon, including all extensions, additions, improvements, betterments, renewals, substitutions and replacements to any of the foregoing and all of the right, title and interest of Grantor in and to any such personal property or fixtures together with the benefit of any deposits or payments now or hereafter made on such personal property or fixtures by Grantor or on its behalf (“Improvements”);
(c) All easements, rights of way, gores of real estate, streets, ways, alleys, passages, sewer rights, minerals, waters, water courses, water rights and powers, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances whatsoever, in any way now or hereafter belonging, relating or appertaining to the Real Estate, and the reversions, remainders, rents, issues and profits thereof and all the estate, right, title, interest, property, possession, claim and demand whatsoever, at law as well as in equity, of Grantor of in and to the same;
(d) All rents, revenues, issues, profits, proceeds, income, royalties, Letter of Credit Rights (as defined in the Uniform Commercial Code of the State of Colorado (the “Code”) in effect from time to time, escrows, security deposits, impounds, reserves, tax refunds and other rights to monies from the Premises and/or the businesses and operations conducted by Grantor thereon, to be applied against the Indebtedness (as defined in the Deed of Trust); provided, however, that Grantor, so long as no Event of Default (as defined in the Deed of Trust) has occurred hereunder, may collect rent as it becomes due, but not more than one (1) month in advance thereof
(e) All interest of Grantor in all leases now or hereafter on the Premises, whether written or oral (each a “Lease”, and collectively, the “Leases”), together with all security therefor and all monies payable thereunder, subject, however, to the conditional permission hereinabove given to Grantor to collect the rentals under any such Lease;
f) All fixtures and articles of personal property now or hereafter owned by Grantor and forming a part of or used in connection with the Real Estate or the Improvements, including, but without limitation, any and all air conditioners, antennae, appliances, apparatus, awnings, basins, bathtubs, bidets. boilers, bookcases, cabinets, carpets, computer hardware and software used in the operation of the Premises, coolers, curtains, dehumidifiers, disposals, doors, drapes, dryers, ducts, dynamos, elevators, engines, equipment, escalators, exercise equipment, fans, fittings, floor coverings, furnaces, furnishings, furniture, hardware, heaters, humidifiers, incinerators, lighting, machinery, motors, ovens, pipes, plumbing, pumps, radiators, ranges, recreational facilities, refrigerators, screens, security systems, shades, shelving, sinks, sprinklers, stokers, stoves, toilets, ventilators, wall coverings, washers, windows, window coverings, wiring, and all renewals or replacements thereof or articles in substitution therefor, whether or not the same are or shall be attached to the Real Estate or the Improvements in any manner; it being mutually agreed that all of the aforesaid property owned by Grantor and placed on the Real Estate or the Improvements, so far as permitted by law, shall be deemed to be fixtures, a part of the
realty, and security for the Indebtedness; notwithstanding the agreement hereinabove expressed that certain articles of property form a part of the realty covered by this Deed of Trust and be appropriated to its use and deemed to be realty, to the extent that such agreement and declaration may not be effective and that any of said articles may constitute Goods (as defined in the Code), this instrument shall constitute a security agreement, creating a security interest in such goods, as collateral, in Beneficiary, as a Secured Party, and Grantor, as Debtor, all in accordance with the Code;
(g) All of Grantor’s interests in General Intangibles including Payment Intangibles and Software (each as defined in the Code) now owned or hereafter acquired and related to the Premises, including, without limitation, all of Grantor’s right, title and interest in and to: (i) all agreements, licenses, permits and contracts to which Grantor is or may become a party and which relate to the Premises; (ii) all obligations and indebtedness owed to Grantor thereunder; (iii) all intellectual property related to the Premises; and (iv) all choses in action and causes of action relating to the Premises; and (v) all of Grantor’s rights of every kind under or pursuant to all declarations of covenants, conditions and restrictions which have previously been filed or which may hereafter be filed in order to create one or more condominium communities on the Premises, and any modifications thereof or supplements thereto (collectively, the “Declaration”), and all of Grantor’s rights under or pursuant to any and all other documents that may hereafter be executed or otherwise made effective with respect to the creation or modification of one or more condominium communities on the Premises or the creation of one or more associations to govern or administer such communities, including, without limitation, all development rights, special declarant rights, rights with respect to any design review committee, and other rights of Grantor as a declarant under the Declaration, but, in either case, only to the extent such rights pertain to the Project;
(h) All of Grantor’s accounts now owned or hereafter created or acquired as relate to the Premises and/or the businesses and operations conducted thereon, including, without limitation, all of the following now owned or hereafter created or acquired by Grantor: (i) Accounts and Deposit Accounts (each as defined in the Code), including, without limitation, the Deposit Account, the Equity Account, the Working Capital and Tax Account and the Accounts (each as defined in the Loan Agreement), contract rights, book debts, health-care insurance receivables, book debts, notes, drafts, and other obligations or indebtedness owing to Grantor arising from the sale, lease or exchange of goods or other property and/or the performance of services; (ii) Grantor’s rights in, to and under all purchase orders for goods, services or other property; (iii) Grantor’s rights to any goods, services or other property represented by any of the foregoing; (iv) monies due or to become due to Grantor under all contracts for the sale, lease or exchange of goods or other property and/or the performance of services including the fight to payment of any interest or finance charges in respect thereto (whether or not yet earned by performance on the part of Grantor); (v) Securities, Investment Property, Financial Assets, and Securities Entitlements (each as defined in the Code), (vi) proceeds of any of the foregoing and all collateral security and guaranties of any kind given by any person or entity with respect to any of the foregoing; and (vii) all warranties, guarantees, permits and licenses in favor of Grantor with respect to the Premises; (i) All development rights associated with the Premises, whether previously or subsequently transferred to the Premises from other real property or now or hereafter susceptible of transfer from the Premises to other real property;
(j) All (i) water and water rights (whether decreed or undecreed, tributary, nontributary or not nontributary, surface or underground, or appropriated or unappropriated); (ii) ditches and ditch rights; (iii) spring and spring rights; (iv) reservoir and reservoir rights; and (v) shares of stock in water, ditch and canal companies and all other evidence of such rights, which are now owned or hereafter acquired by Grantor and which are appurtenant to or which have been used in connection with the Premises; and
(k) All proceeds of the foregoing, including, without limitation, all judgments, awards of damages and settlements hereafter made resulting from condemnation proceeds or the taking of the Premises or any portion thereof under the power of eminent domain, any proceeds of any policies of insurance, maintained with respect to the Premises or proceeds of any sale, option or contract to sell the Premises or any portion thereof.
39(a) Encumbrance of Declarant Rights. Part of the collateral encumbered by this Deed of Trust is all of Grantor’s rights as “Declarant” under any Condominium Declaration to the extent such rights pertain to the Project, and Grantor hereby grants, bargains, sells and conveys such rights to the Public Trustee of Routt County, Colorado, for the use and benefit of Beneficiary, as part of the Premises encumbered by this Deed of Trust.
Also known by street and number as: Lot 1, Wildhorse Meadows, Steamboat Springs, CO 80487
NOTICE OF SALE
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, 09/07/2011, 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: 7/17/2011
Last Publication: 8/14/2011
Name of Publication: Steamboat Pilot & Today
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:
Steven E. Abelman #13980
Brownstein Hyatt Farber Schreck, LLP 410 17th Street, Suite 2200, Denver, CO 80202-4432 (303) 223-1100
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 #: Wildhorse
©Colorado Public Trustees’ Association Revised 12/2009
Published in the Steamboat Pilot & Today
Publication Date: July 17, 2011
Final Publication: August 14, 2011