COMBINED NOTICE - PUBLICATION
CRS §38-38-103 FORECLOSURE SALE NO. J1201866
To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On August 23, 2012, 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 Jefferson records.
Westland Plaza LLC, a Delaware limited liability company
Bear Steams Commercial Mortgage, Inc.
Current Holder of Evidence of Debt
U.S. Bank National Association, as Trustee, as successor in interest to Bank of America, National Association, as successor by merger to LaSalle Bank National Association, as Trustee, for the registered holders of Bear Steams Commercial Mortgage Securities Inc., Commercial Mortgage Pass-Through Certificates, Series 2007-PWR16
Date of Deed of Trust
County of Recording
Recording Date of Deed of Trust
Recording Information(Reception Number and/or Book/Page 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 following real property situate in Jefferson County, State of Colorado, to wit: Parcel I: All of Lot 1, Block 2, Westland Plaza Filing No. 1, and a portion of the Southwest one-quarter of Section 33, Township 3 South, Range 69 West of the 6th P.M., County of Jefferson, State of Colorado, more particularly described as follows: Commencing at the Southwest boundary corner of said Westland Plaza Filing No. 1; thence North 00°03'30" East along the West boundary of said subdivision and along the west boundary of tract "A" as platted therein, 30.00 feet to the Point of Beginning, said point being on the east right of way line of Robb Street; thence continuing North 00°03'30" East 260.01 feet to a point of curve; thence Northeasterly along a curve to the right having a radius of 25.00 feet, a central angle of 90°03'49" and an arc length of 39.30 feet to a point of tangent, said point being on the South right of way line of West 15th Place; thence South 89°52'41" East along said South right of way line 529.66 feet to a point of curve; thence Southeasterly along a curve to the right having a radius of 25.00 feet, a central angle of 28°29'45" and an arc length of 12.43 feet; thence on an angle to the right of 128°20'10" and South 66°56'30" West 83.15 feet; Thence South 60° 00' 00" West 157.91 feet; thence North 89°52'41" West 28,72 feel; thence South 17°30'42" West 209.58 feet to a point on the Northerly right of way line of West Colfax Avenue; thence North 89°52'41" West along said Northerly right of way line 231.92 feet to a point of curve; thence Northwesterly along a curve to the right having A radius of 30.00 feet, a central angle of 89°56'11" and an arc length of 47.09 feet to the Point of Beginning, County of Jefferson, State of Colorado. Parcel II: All of Lot 1, Block 1, Westland Plaza Filing No.1, and that part of vacated Quail Street and West 17th Avenue vacated by Ordinance 0-84-67, recorded July 20, 1984 at Reception No, 84068708 adjacent to, County of Jefferson, State of Colorado, described as follows: Beginning at the Northwest corner of said Lot 1, Block 1, thence North 00°03'30" East, a distance of 30.00 feet to a point on the centerline of vacated 17th Avenue, as recorded under Reception No. 840686708; thence along the centerline of vacated 17th Avenue, a distance of 629.42 feet; thence South 00°02'25" West, a distance of 28.48 feet to a point on a non-tangent curve; thence Southwesterly along the arc of said curve to the right, an arc length of 139.28 feet said curve having a radius of 185.00 feet and a central angle of 43°08'11" to a point of tangency; thence South 00°02'25" West, a distance of 723.00 feet to a point of curve; thence Southwesterly along said curve to the right, an arc length of 39.31 feet, said curve having a radius of 25.00 feet and a central angle of 90°05'31" to a point of tangency; thence North 89°52'41" West, a distance of 529.69 feet to a point of curve; thence Northwesterly along the are of said curve to the right, an arc length of 39.24 feet said curve having a radius of 25.00 feet and a central angle of 89°55'53" to a point of tangency; thence North 00°03'30" East, a distance of 847.44 feet to the Point of Beginning. County of Jefferson, Slate of Colorado. TOGETHER WITH: * * * (b) all additional lands, estates, options and development rights now owned or hereafter acquired by Borrower for use in connection with the Land and the development of the Land and all additional lands and estates therein which may, from time to time, by supplemental mortgage or otherwise be expressly made subject to the lien of this Security Instrument; (c) the buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (the "Improvements''); (d) all easements, rights-of-way or use, rights, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, and all estates, rights, titles, interests, privileges, liberties, servitudes, tenements, hereditaments and appurtenances of any nature whatsoever, in any way now or hereafter belonging, relating or pertaining to the Land and the Improvements and the reversion and reversions, remainder and remainders, and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Land, to the center line thereof and all the estates, rights, titles, interests, dower and rights of dower, curtesy and rights of curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Borrower of, in and to the Land and the Improvements and every part and parcel thereof, with the appurtenances thereto; (e) all machinery, equipment, fixtures (including, but not limited to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements. or appurtenant thereto, and usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property"), and the right. title and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the "Uniform Commercial Code"), superior in lien to the lien of this Security Instrument and all proceeds and products of the above; (f) all leases and other agreements affecting the use, enjoyment or occupancy of the Land and the Improvements heretofore or hereafter entered into, including a guaranty of any such lease (a "Lease" or "Leases") and all right, title and interest of Borrower, its successors and assigns therein and thereunder, including, without limitation, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, revenues, issues and profits (including all oil and gas or other mineral royalties and bonuses) from the Land and the Improvements (the "Rents") and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the Debt * * *
Also known by street and number as: None Given,
THE PROPERTY DESCRIBED HEREIN IS ALL OF THE PROPERTY CURRENTLY ENCUMBERED BY THE LIEN OF THE DEED OF TRUST.
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, 12/19/2012, at the Jefferson County Administration and Courts Facility, 100 Jefferson County Parkway, Suite 1540 Golden, CO 80419, 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 11/1/2012
Last Publication 11/29/2012
Name of Publication Golden Transcript
Margaret T. Chapman, Public Trustee in and for the County of Jefferson, State of Colorado
By: Desiree Peterson, Deputy, for Public Trustee
The name, address, business telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:
M. Lou Raders #15636
Kutak Rock LLP 1801 California Street, Suite 3100, Denver, CO 80202-2626 (303) 297-2400
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 # Westland Plaza LLC
©Public Trustees' Association of Colorado Revised 6/2011