DISTRICT COURT, EAGLE COUNTY, COLORADO 881612 | 12/12/2019 | Ad id: 8-0000507109-01
DISTRICT COURT, EAGLE COUNTY, COLORADO
885 Chambers Avenue
P.O. Box 597
Eagle, Colorado 81631
MOUNTAIN LODGE CONDOMINIUM ASSOCIATION, INC.,
CHARLES E. TROYAK, an individual; LINCOLN M. MICHEL, an individual; BARBARA L. MICHEL, an individual; MARY C. TROYAK, an individual.
Kerry H. Wallace, #21033
GOODMAN AND WALLACE P.C.
P.O. Box 1886
Edwards, Colorado 81632
Tel: (970) 926-4447
Fax: (970) 926-5009
Attorneys for Plaintiff
Case No. 2019CV30107
Div.: Ctrm: COMBINED NOTICE OF SHERIFF'S SALE AND RIGHT TO CURE OR REDEEM
TO WHOM IT MAY CONCERN:
1. Sheriff Sale Proceeding No. #19-000956 .
2. Pursuant to the September 11, 2019 Order for Judgment and Decree of Foreclosure directing foreclosure and the September 19, 2019 Writ of Execution entered in the above captioned case, I have been directed to sell the below listed real property involving the following parties and obligations:
a. Property Owner names: Charles E. Troyak, Lincoln M. Michel, Barbara L. Michel, and Mary C. Troyak.;
b. Deed at issue recorded November 20, 1998:
c. Original holder of Deed: Charles Troyak, Mary C. Troyak, Lincoln M. Michel, Barbara L. Michel.;
d. Beneficiary of Deed (i.e. Foreclosing Party): MOUNTAIN LODGE CONDOMINIUM ASSOCIATION, INC.;
e. Notice of Assessment Lien recorded with Eagle County, Colorado Clerk and Recorder on March 20, 2019, at Reception #201903689; and
f. Original balance due: $6,685.37; Balance currently due $9,924.56, plus any additional accrued assessments, late fees, interest, attorney fees, and costs.
3. The legal description of the Property to be sold:
An undivided 1/20th interest in Unit 238/238A of Mountain Lodge, a Condominium, according to the Declaration of Condominium of Mountain Lodge, a Condominium, recorded November 9, 1998 at Reception No. 675479 as amended and supplemented from time to time and according to the Map for Mountain Lodge, a Condominium recorded November 9, 1998 at Reception No. 675478 as amended and supplemented from time to time, all in the office of the Clerk and Recorder of Eagle County, Colorado together with the perpetual use of Fixed Week 14 in such Unit and together with the use of a Floating Week and a Floating Split Week in accordance with the Declaration of Condominium of Mountain Lodge, a Condominium and in accordance with the Resort Documents.
Also known by the street and number as a timeshare estate in Mountain Lodge, a Condominium, 63 Avondale Lane, Avon, CO 81620.
(hereinafter referred to as "Unit 238A" or the "Property").
4. The Property described above to be sold is all of the real property encumbered by the deed(s) and obligation(s) being foreclosed upon.
5. The Declaration for the Mountain Lodge Association has been violated by the failure to timely pay all assessments, dues, and amounts owing as to said Property.
6. The attorney representing the foreclosing Plaintiff/Judgment Creditor is as follows: Kerry H. Wallace, ARN #21033, of Goodman and Wallace P.C., P.O. Box 1886, Edwards, Colorado 81632; Tele. (970) 926-4447.
7. YOU MAY HAVE AN INTEREST IN THE REAL PROPERTY BEING FORECLOSED OR HAVE CERTAIN RIGHTS OR SUFFER CERTAIN LIABILITIES PURSUANT TO COLORADO STATUTES AS A RESULT OF THE FORECLOSURE AND SHERIFF SALE. YOU MAY HAVE THE RIGHT TO REDEEM THE REAL PROPERTY OR YOU MAY HAVE THE RIGHT TO CURE THE DEFAULT UNDER THE INSTRUMENT BEING FORECLOSED. C.R.S. §§ 38-37-108, 38-38-104, 38-38-301, 38-38-302, 38-38-304, 38-38-305, & 38-38-306 ARE SOME COLORADO STATUTES THAT MAY AFFECT YOUR RIGHTS. PLEASE NOTE THAT THESE MAY NOT BE ALL OF THE COLORADO STATUTES THAT MAY BE APPLICABLE TO YOU. YOU ARE ADVISED TO CONSULT WITH YOUR OWN ATTORNEY AS TO WHAT YOUR RIGHTS MAY BE.
8. A NOTICE OF INTENT TO CURE FILED PURSUANT TO C.R.S. §38-38-104 SHALL BE FILED WITH THE OFFICER/SHERIFF AT LEAST FIFTEEN CALENDAR DAYS PRIOR TO THE FIRST SCHEDULED SALE DATE OR ANY DATE TO WHICH THE SALE IS CONTINUED.
9. A NOTICE OF INTENT TO REDEEM FILED PURSUANT TO C.R.S. §38-38-302 SHALL BE FILED WITH THE OFFICER/SHERIFF NO LATER THAN EIGHT BUSINESS DAYS AFTER THE SALE.
10. THE LIEN BEING FORECLOSED MAY NOT BE A FIRST LIEN.
11. Any inquiry to the Eagle County Sheriff should be directed to Tele. # 970-328-8500.
12. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE.
13. You are hereby given notice that the Eagle County Sheriff will sell pursuant to Order(s) and Writ of Execution in the above captioned case at a Sheriff Sale to occur at the below listed date, time, and location to the highest and best bidder for cash, the above described Property, and all interests and rights of the above identified Property Owner(s) and heirs and assigns in said Property.
a. Date of Sheriff Sale: 7th day of February, 2020.
b. Time of Sheriff Sale: 9:00 , A. M.
c. Location of Sheriff Sale: East door to Eagle County Justice Center, 0885 E. Chambers Avenue, Eagle, Colorado 81631.
d. Date of First Publication: 12th day of December, 2019.
e. Date of Last Publication: 9th day of January, 2020.
f. Name of Publication: The Eagle Valley Enterprise.
This Sheriff's Notice is signed this 24th day of October, 2019.
James Van Beek, Sheriff of Eagle County, Colorado
Deputy Cheryle A.K. Woolsey
Published in the Eagle Valley Enterprise on December 12, 19 and 26, 2019 and January 2 and 9, 2020. 0000507109