TC Agenda 06-15-1988DISTRICT COURT, CITY AND COUNTY OY DENVER, STATE OF COLORADO
88C_ 18
L ® 4 9
Civil Action No. o
NOTICE OF HEARING
IN THE MATTER OF
THE APPLICATION OF
FIRST OKLAHOMA SAVINGS BANK,
P.A., formerly
known as
FIRST
OKLAHOMA SAVINGS AND LOAN
ASSOCIATION OF
TULSA, FOR
AN ORDER AUTHORIZING THE PUBLIC
TRUSTEE OF THE
COUNTY OF
EAGLE,
STATE OF COLORADO, TO SELL
CERTAIN REAL PROPERTY UNDER
A POWER
OF SALE CONTAINED IN A DEED
OF TRUST
TAKE NOTICE THAT YOU MAY BE AFFECTED BY THE FORECLOSURE OF
A DEED OF TRUST ON THE REAL PROPERTY DESCRIBED BELOW.
First Oklahoma Savings Bank., F.A.,. formerly known as
First Oklahoma Savings and Loan Association of Tulsa
(°Applicantp) has filed a Motion with this Court, claiming to be
the owner of a Promissory Note in the original amount of
$236,000.00, dated October 20, 1983-and signed by J. E. Barnes,
Jr. and Janet N. Barnes, and a Deed of Trust to the Public
Trustee of Eagle County, Colorado, dated October 20,•1983, and
recorded December 7,-1983, at Reception No. 270718, in Book 374
at Page 403 of the records of the Clerk and Recorder of Eagle
County, Colorado.
The Motion claims that Applicant has the right to
foreclose the Deed of Trust because B. E. Barnes, Jr. and Janet
N. Barnes have failed and refused to make the monthly payment
to the Applicant due on November 1, 1986, and all subsequent.
payments as.provided for in the Note. Said payments in default
total'$ 49,259.97 plus late charges of $2,462.97. Based on this
default, the entire Note has been accelerated and is due and
payable.
The Motion requests an order of this court authorizing the
Public Trustee to sell the real property in Eagle County,
Colorado described in the Legal Description attached hereto.
If you dispute the default or other facts claimed -by
Applicant to justify this foreclosure, or if-you are entitled to
protection against this foreclosure under the Soldiers' and
Sailors' Civil Relief Act of 1940, as amended, you must make a
typed response to the Motion, stating under oath the facts upon
which you rely and attaching copies of all documents which
support your position. This response must be filed with Clerk
of this Court at 1437 Bannock Street, Denver, Colorado 80202,
no later than June , 1988, accompanied by a filing fee of
Raceived Town of Avon
Jug b ~sa~
•
$40.00, and a copy of the response must also be mailed or
delivered by the same date to:
Norman D. Haglund, Esq.
Kelly/Haglund/Garnsey & Kahn
1441 Eighteenth Street, Suite 300
Denver, Colorado 80202
A hearing on the Motion is scheduled for ~•3c7
o'clock m., on June a-O , 1988, in Courtroom t5
of this Court at 1437 Bannock Street, Denver,-Colorado. You may
attend this.'hearing with or without your attorney.
IF NO RESPONSE IS FILED BY JUNE _ {6 , 1988, THE
COURT MAY WITHOUT ANY HEARING AUTHORIZE THE FORECLOSURE AND
PUBLIC TRUSTEE'S SALE WITHOUT_FURTHER NOTICE.
Dated at Denver, Colorado, JUN 0 3 1968 , 1988.
' r-ST~ICT
s a o,• • ~
S n j o ~ s'•
S •u s .
f { O
. • ~T1 ~f 8{iP`~to
JANET M. ADAMS
Clerk of the District Court
1 1 V
By
Deputy Clerk
2
0 0
LEGAL DESCRIPTION
Lot 8, Block 1, and a 1/88th interest in
Tract A, EAGLEBEND, according to the
recorded plat thereof and together with that
certain conveyance of Easements dated May
12, 1982 recorded May 14, 1982 in Book 340
at Page 532, and together-with that certain
Mutual Conveyance of Easements recorded
August 19, 1980 in Book 307 at Page 113,
Eagle County, Colorado records;
corrected by Correction of Deed of Trust dated May 19, 1987,
recorded May 22, 1987, at Reception No. 353337, in Book 463 at
Page 111, Eagle County Colorado records to read:
Unit 8, Stonebridge Phase I, according to
the plat recorded September 19, 1983 in Book
368 at Page 607, Eagle County, Colorado.
And a 1/88th interest in Tract A, EAGLEBEND,
according to the recorded plat thereof and
together with that certain conveyance of
Easements dated May 12, 1982 recorded May
14, 1982 in Book 340 at Page 532, and
together with that certain Mutual Conveyance
of Easements recorded August 19, 1980 in
Book 307 at Page 113, Eagle County, Colorado
records;
amended by Amendment to Deed of Trust, dated April 14, 1987,
recorded July 17, 1987, at Reception No. 362560, in Book 466 at
Page 337, Eagle County, Colorado records to read:
Lots 8 and K, Eaglebend Subdivision Filing
No. 3, according to the plat thereof
recorded on July 17, 1987, in Book 466 at
Page 309, Eagle County, Colorado records, in
accordance with and subject to the Amended
and Restated Declaration of Covenants,
Conditions and Restrictions of Eaglebend
Subdivision Filings Nos. 3 and 4, recorded
on July 17, 1987 at Reception No. 362554, in
Book 466 at Page 331, Eagle County, Colorado
records; and
partially released by Partial Release of Deed of Trust dated
April 1, 1987, recorded July 20, 1987, at Reception No. '362660,
in Book 466 at Page 437, releasing the following:
An undivided 1/88 interest in Tract A,
Eaglebend, according to the recorded plat
thereof, Eagle County, Colorado records.