Loading...
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.