AGENDA
CITY OF GUNNISON
PLANNING & ZONING COMMISSION
REGULAR SESSION
Rev 8/27/10

DATE: WEDNESDAY, SEPTEMBER 8, 2010
TIME: 7:00 P.M.
PLACE: CITY HALL, COUNCIL CHAMBERS, 201 WEST VIRGINIA AVE.

7:00PM
I. CALL TO ORDER.
II. PLEDGE OF ALLEGIANCE TO THE FLAG.
III. CONSIDERATION OF THE AUGUST 25, 2010 MEETING MINUTES.
IV. CONTINUATION OF PUBLIC HEARING AND ACTION – SB 10-3, AN APPLICATION BY GUNNISON VALLEY PARTNERS, LLC, FOR A MAJOR SUBDIVISION SKETCH PLAN, WITHIN GUNNISON RISING, OF 40.18 ACRES IN THE PUD COMMERCIAL/MIXED USE (CM) DISTRICT.
VI. UNSCHEDULED CITIZENS.
VII. COUNCIL UPDATE.
VIII. COMMISSIONER COMMENTS.
IX. PLANNING STAFF UPDATE.
X. ADJOURN.

TO COMPLY WITH ADA REGULATIONS, PEOPLE WITH SPECIAL NEEDS ARE REQUESTED TO CONTACT THE CITY OF GUNNISON COMMUNITY DEVELOPMENT DEPARTMENT AT 641.8090

This agenda is subject to change, including the addition or deletion of items at any time. Regular Meetings and Special Meetings are recorded and action can be taken. Minutes are posted at City Hall and on the City website at www.cityofgunnison-co.gov. Work sessions are not recorded and formal action cannot be taken. For further information, contact the Community Development Department at 641-8090.

ALL PLANNING & ZONING COMMISSION MEETINGS ARE USUALLY BROADCAST LIVE ON LOCAL CABLE CHANNEL 15.

Gunnison County Board of County Commissioners Meetings

The Board of County Commissioners meets on the 1st and 3rd Tuesday of each month for Regular Meetings and on the 2nd and 4th Tuesday of each month for Work Sessions. Special Meetings, including Public Hearings, may be scheduled at any time.

Meetings are held in the Gunnison County Board of County Commissioners' boardroom located in the Gunnison County Courthouse at 200 E. Virginia, Gunnison, CO 81230. Agendas are posted in the glass display case at the Courthouse and on the County's website at www.gunnisoncounty.org/
commissioners_meetings.html. Agendas are subject to the addition of items up to 24 hours in advance of a meeting. Deletions from an agenda may occur at any time. For further information, please contact County Administration at (970) 641-0248. If special accommodations are necessary per ADA requirements, please contact County Administration or TTY 641-3061 prior to the meeting.

GUNNISON COUNTY PLANNING COMMISSION
PRELIMINARY AGENDA: Friday, September 3, 2010

8:45 a.m.
Call to order; determine quorum.
Approval of Minutes.
Unscheduled citizens: A brief period in which the public is invited to make general comments or ask questions of the Commission or Planning Staff about items which are not scheduled on the day's agenda.

9:00 a.m.
Planning Commission Work Session, work session/no action; presentation from Bureau of Land Management and U.S. Forest Service representatives regarding the federal permitting process for Oil and Gas projects, as an adjunct to the Amendments to the Gunnison County Temporary Regulations for Oil and Gas Operations; Q&A.

11:00 a.m. - Break

11:15 a.m.
Amendments to the Gunnison County Temporary Regulations for Oil and Gas Operations work session/possible action, proposed amendment to the Gunnison County Temporary Regulations for Oil and Gas Operations - only concerning amendment for specific language for Oil and Gas Operations permit application and consultant fees; possible recommendation to the Board of County Commissioners.

Noon
Creekside Subdivision, work session/possible action, request for a five lot subdivision, approximately 2 miles south of the Town of Crested Butte, west of Highway 135, in the NW4SE4 & SW4NE4. Section12, Township 14 South, Range 86 West, 6th p.m.; possible recommendation to the Board of County Commissioners.

End of Meeting
Report of actions taken by BOCC.
A brief period in which the Commission debriefs on the day's processes, etc. No discussion or action on any specific Land Use Change Permit applications will take place at this time.

Adjourn.

NOTE: Unless otherwise noted, all meetings are conducted in the Blackstock Government Center Meeting Room at 221 N. Wisconsin St. in Gunnison, across the street from the Post Office. This is a preliminary agenda; agenda times may be changed by the staff up to 24 hours before the meeting date. If you are interested in a specific agenda item; you may want to call the Community Development Department (641-0360) ahead of time to confirm its scheduled time. Anyone needing special accommodations, please contact the Community Development Department before the meeting.

NOTICE OF CONTRACTOR’S SETTLEMENT
County of Gunnison
State of Colorado

NOTICE IS HEREBY GIVEN that on September 17, 2010 final settlement will be made by the County of Gunnison, State of Colorado, for and on account of the contract with Spallone Construction, Inc. for construction of 6,684 feet of 4” HDPE force main with a lift station, and 5,823 feet of 8” PVC (SDR35) gravity sewer main with manholes; and that any person, co-partnership, association or corporation or other entity who has an unpaid claim against said Spallone Construction, Inc. for or on account of the furnishing of labor, materials, equipment or other supplies used or consumed by such contractor or any of the subcontractors in or about the performance of said work, may at any time up to and including said time of such final settlement on September 17, 2010, file a verified statement of the amount due and unpaid on account of such claim with the Board of County Commissioners, County Courthouse, Gunnison, Colorado.

Failure on the part of a claimant to file such statement prior to such final settlement will relieve said County of Gunnison from all and any liability for such claimant’s claims.

State of Colorado
County of Gunnison
By Linda Nienhueser
Finance Director

FOR SALE
CITY OF GUNNISON
PUBLIC WORKS DEPARTMENT

The following vehicles are for sale by the City of Gunnison Public Works Department. They may be examined at the City Shops, 1100 W. Virginia Avenue, Gunnison, Colorado during regular business hours. Maintenance/repair records are available. Unit is sold AS IS – no warranties. Contact Pat MacIntosh at 970-641-8328 for further information.

Unit # 48 - 2001 4 door Chevy Impala - minimum bid $1500.
Unit #111 - 2001 Ford Exporer 4x4 - no minimum bid.
Unit #T1 - 40/50A Coats Tire machine - no minimum bid.

Please print unit number on outside of envelope and submit sealed bids to Pat MacIntosh, City of Gunnison, 1100 West Virginia Avenue, Gunnison, CO 81230 by 1:30 p.m. September 15, 2010 – no late bids will be accepted. Bids will be opened at 2:00 September 15. The City reserves the right to reject any or all bids.

PUBLIC NOTICE OF PETITION FOR NAME CHANGE

Public notice is given on August 25, 2010, that a Petition for a Change of Name of an Minor Child has been filed with the Gunnison County Court.

The petition requests that the name of Javier Abisay Burgos be changed to Javier Abisay Vitinio Burgos.

By /s/ Cirenda S. Fry,
Deputy Clerk of Court

COMBINED NOTICE - PUBLICATION
CRS SECTION 38-38-103 FORECLOSURE SALE NO. 2010-086

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On June 8, 2010, 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 Gunnison records.
Original Grantor(s): ADAM C CHATER
Original Beneficiary(ies): MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR QUICKEN LOANS INC.
Current Holder of Evidence of Debt: ONEWEST BANK, FSB
Date of Deed of Trust: 5/17/2006
County of Recording: Gunnison
Recording Date of Deed of Trust: 5/17/2006
Recording Reception Number: 565245
Original Principal Amount: $247,200.00
Outstanding Principal Balance: $247,200.00

Pursuant to CRS Section 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.
LOT 6, BLOCK 5, CRESTED BUTTE SOUTH, FIRST FILING, ACCORDING TO THE OFFICIAL PLAT THEREOF BEARING RECEPTION NO. 280978. COUNTY OF GUNNISON, STATE OF COLORADO
PARCEL ID NUMBER: 15220
Also known by street and number as: 179 TEOCALLI ROAD, CRESTED BUTTE, CO 81224

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, 10/06/2010, at Treasurer's Office, Suite T, 221 N. Wisconsin, Gunnison, CO 81230, 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: 8/19/2010
Last Publication: 9/16/2010
Name of Publication: Gunnison Country Times
DATE: 06/08/2010
Public Trustee in and for the County of Gunnison, State of Colorado
Melody Marks
By: Teresa Brown, Deputy Public Trustee
The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:
Lynn M. Janeway #15592
Janeway Law Firm, P.C. 19201 E Main ST, Suite 205, Parker, CO 80134 (303) 706-9990
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 #: 10702

COMBINED NOTICE - PUBLICATION
CRS SECTION 38-38-103 FORECLOSURE SALE NO. 2010-085

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On June 8, 2010, 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 Gunnison records.
Original Grantor(s): Stacey Leverett Allen and Nolan Christopher Allen
Original Beneficiary(ies): LONG BEACH MORTGAGE COMPANY
Current Holder of Evidence of Debt: Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan Trust 2005-WL1
Date of Deed of Trust: 3/11/2005
County of Recording: Gunnison
Recording Date of Deed of Trust: 3/11/2005
Recording Reception Number: 551668
Original Principal Amount: $156,000.00
Outstanding Principal Balance: $167,244.79

Pursuant to CRS Section 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.
PLEASE SEE ATTACHED LEGAL DESCRIPTION
Also known by street and number as: 314 Seneca Drive, Gunnison, CO 81230

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, 10/06/2010, at Treasurer's Office, Suite T, 221 N. Wisconsin, Gunnison, CO 81230, 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: 8/19/2010
Last Publication: 9/16/2010
Name of Publication: Gunnison Country Times
DATE: 06/08/2010
Public Trustee in and for the County of Gunnison, State of Colorado
Melody Marks
By: Teresa Brown, Deputy Public Trustee
The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:
Robert J. Aronowitz Esq. #5673
Monica Kadrmas #34904
Randall M. Chin, Esq. #31149
Stacey L. Aronowitz, Esq. #36290
Andrea Rickles-Jordan #39005
Joel T. Mecklenburg, Esq. #36291
Joan Olson, Esq #28078
Aronowitz & Mecklenburg, LLP 1199 BANNOCK STREET, DENVER, CO 80204 (303) 813-1177
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 #: 3202.29431

LEGAL DESCRIPTION

A tract of land located within Lots 3 and 4 of Ohio Meadows Filing No. 1, according to the official plat thereof filed November 2, 1970, bearing Reception No. 282025, described as follows:

Commencing at the northwest corner of said Lot 4; thence South 00 degrees 03'34" East 250.00 feet along the west boundary of said Lot 4 to the POINT OF BEGINNING of the herein described tract; thence the following courses around said tract;
1. North 75 degrees 24'20" East 71.18 feet;
2. North 84 degrees 08'23" East 10.46 feet;
3. East 238.68 feet;
4. South 528.86 feet to a point on the northerly boundary of the land conveyed by deed from Kelly to Averill, said deed being recorded on February 11, 1982 in Book 577 at page 114, of the Gunnison County records;
5. North 54 degrees 07'00" West 392.10 feet along said boundary to the westerly boundary of said Lot 3;
6. North 00 degrees 03'34" West 280.03 feet to the POINT OF BEGINNING.

County of Gunnison,
State of Colorado.

COMBINED NOTICE - PUBLICATION
CRS SECTION 38-38-103 FORECLOSURE SALE NO. 2010-084

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On June 8, 2010, 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 Gunnison records.
Original Grantor(s): Besty J Cohen
Original Beneficiary(ies): JPMORGAN CHASE BANK, N.A.
Current Holder of Evidence of Debt: Chase Home Finance LLC
Date of Deed of Trust: 9/17/2007
County of Recording: Gunnison
Recording Date of Deed of Trust: 9/21/2007
Recording Reception Number: 579006
Original Principal Amount: $417,000.00
Outstanding Principal Balance: $417,000.00

Pursuant to CRS Section 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.
LOT 16, BLOCK 8, CRESTED BUTTE SOUTH, SECOND FILING, COUNTY OF GUNNISON, STATE OF COLORADO.
Also known by street and number as: 576 HAVERLY ST, CRESTED BUTTE, CO 81224

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, 10/06/2010, at Treasurer's Office, Suite T, 221 N. Wisconsin, Gunnison, CO 81230, 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: 8/19/2010
Last Publication: 9/16/2010
Name of Publication: Gunnison Country Times
DATE: 06/08/2010
Public Trustee in and for the County of Gunnison, State of Colorado
Melody Marks
By: Teresa Brown, Deputy Public Trustee
The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:
Robert J. Aronowitz Esq. #5673
Monica Kadrmas #34904
Randall M. Chin, Esq. #31149
Stacey L. Aronowitz, Esq. #36290
Andrea Rickles-Jordan #39005
Joel T. Mecklenburg, Esq. #36291
Joan Olson, Esq #28078
Aronowitz & Mecklenburg, LLP 1199 BANNOCK STREET, DENVER, CO 80204 (303) 813-1177
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 #: 1068.03163

COMBINED NOTICE - PUBLICATION
CRS SECTION 38-38-103 FORECLOSURE SALE NO. 2010-083

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On June 8, 2010, 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 Gunnison records.
Original Grantor(s): Danielle M. Crist and Adam Crist
Original Beneficiary(ies): Mortgage Electronic Registration Systems, Inc., as nominee for New Century Mortgage Corporation
Current Holder of Evidence of Debt: Deutsche Bank National Trust Company as Trustee under Pooling and Servicing Agreement dated as of June 1,2007 Securitized Asset Backed Receivables LLC Trust 2007-BR5 Mortgage Pass-Through Certificates, Series 2007-BR5
Date of Deed of Trust: 2/14/2007
County of Recording: Gunnison
Recording Date of Deed of Trust: 2/20/2007
Recording Reception Number: 573059
Original Principal Amount: $532,500.00
Outstanding Principal Balance: $559,242.28

Pursuant to CRS Section 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.
LOTS 12 AND 13, BLOCK 1, THE HOMESTEAD SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF BEARING RECEPTION NO. 260760, COUNTY OF GUNNISON, STATE OF
COLORADO.
Also known by street and number as: 215 RAINBOW DRIVE, ALMONT, CO 81210

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, 10/06/2010, at Treasurer's Office, Suite T, 221 N. Wisconsin, Gunnison, CO 81230, 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: 8/19/2010
Last Publication: 9/16/2010
Name of Publication: Gunnison Country Times
DATE: 06/08/2010
Public Trustee in and for the County of Gunnison, State of Colorado
Melody Marks
By: Teresa Brown, Deputy Public Trustee
The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:
David Shore #19973
Edward P. O'Brien #11572
Scott D. Toebben #19011
Martin H. Shore #1800
Hellerstein and Shore PC 5347 S. Valentia Way, Suite 100, Greenwood Village, CO 80111 (303) 573-1080
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 #: 10-00219SH

COMBINED NOTICE - PUBLICATION
CRS SECTION 38-38-103 FORECLOSURE SALE NO. 2010-082

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On June 4, 2010, 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 Gunnison records.
Original Grantor(s): SARA BETH BAKER
Original Beneficiary(ies): NATIONAL CITY MORTGAGE A DIVISION OF NATIONAL CITY BANK
Current Holder of Evidence of Debt: PNC MORTGAGE, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION
Date of Deed of Trust: 7/27/2007
County of Recording: Gunnison
Recording Date of Deed of Trust: 8/2/2007
Recording Reception Number: 577546
Original Principal Amount: $168,500.00
Outstanding Principal Balance: $164,249.31

Pursuant to CRS Section 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.
ATTACHED HERETO AS EXHIBIT 'A' AND INCORPORATED HEREIN AS THOUGH FULLY SET FORTH.
Also known by street and number as: 302 HAVERLY ST UNIT #3, CRESTED BUTTE, CO 81224

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, 10/06/2010, at Treasurer's Office, Suite T, 221 N. Wisconsin, Gunnison, CO 81230, 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: 8/19/2010
Last Publication: 9/16/2010
Name of Publication: Gunnison Country Times
DATE: 06/04/2010
Public Trustee in and for the County of Gunnison, State of Colorado
Melody Marks
By: Teresa Brown, Deputy Public Trustee
The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:
Heather L. Deere #28597
Michael P. Medved #14669
Scott S. Watson #34946
Law Office of Michael P. Medved, P.C. 355 Union Blvd, #302, Lakewood, CO 80228 (303) 274-0155
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 #: 10-920-15980

EXHIBIT A

CONDOMINIUM UNIT NO. 3, FIRST LIGHT CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP THEREOF BEARING RECEPTION NO. 341228 AND THE CONDOMINIUM DECLARATION PERTAINING THERETO RECORDED JULY 30, 1979 IN BOOK 536 AT PAGE 18, OF RECORDS OF GUNNISON COUNTY, COLORADO, COUNTY OF GUNNISON, STATE OF COLORADO.

COMBINED NOTICE - PUBLICATION
CRS SECTION 38-38-103 FORECLOSURE SALE NO. 2010-081

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On June 2, 2010, 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 Gunnison records.
Original Grantor(s): Clint E Cooper
Original Beneficiary(ies): Mortgage Electronic Registration Systems, Inc., acting solely as nominee for IndyMac Bank, F.S.B.
Current Holder of Evidence of Debt: Deutsche Bank National Trust Company, as trustee of IndyMac Residential Mortgage-Backed Trust, Series 2007-L1, Residential Mortgage-Backed Certificates, Series 2007-L1
Date of Deed of Trust: 3/6/2007
County of Recording: Gunnison
Recording Date of Deed of Trust: 3/7/2007
Recording Reception Number: 573446
Original Principal Amount: $540,000.00
Outstanding Principal Balance: $540,000.00

Pursuant to CRS Section 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.
LOT 9, THE SUMMIT-RESIDENTIAL FILING NO.2, ACCORDING TO THE OFFICIAL PLAT THEREOF, BEARING RECEPTION NO. 457884 OF THE GUNNISON COUNTY RECORDS, IN THE
TOWN OF MT. CRESTED BUTTE, COUNTY OF GUNNISON, STATE OF COLORADO
Also known by street and number as: 55 Summit Rd, Mount Crested Butte, CO 81225

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, 09/29/2010, at Treasurer's Office, Suite T, 221 N. Wisconsin, Gunnison, CO 81230, 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: 8/12/2010
Last Publication: 9/9/2010
Name of Publication: Gunnison Country Times
DATE: 06/02/2010
Public Trustee in and for the County of Gunnison, State of Colorado
Melody Marks
By: Teresa Brown, Deputy Public Trustee
The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:
Robert J. Aronowitz Esq. #5673
Monica Kadrmas #34904
Randall M. Chin, Esq. #31149
Stacey L. Aronowitz, Esq. #36290
Andrea Rickles-Jordan #39005
Joel T. Mecklenburg, Esq. #36291
Joan Olson, Esq #28078
Aronowitz & Mecklenburg, LLP 1199 BANNOCK STREET, DENVER, CO 80204 (303) 813-1177
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 #: 3500.00922

COMBINED NOTICE - PUBLICATION
CRS SECTION 38-38-103 FORECLOSURE SALE NO. 2010-080

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On June 2, 2010, 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 Gunnison records.
Original Grantor(s): Steve John Leary
Original Beneficiary(ies): Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc.
Current Holder of Evidence of Debt: BAC Home Loans Servicing, L.P.
Date of Deed of Trust: 7/8/2005
County of Recording: Gunnison
Recording Date of Deed of Trust: 7/28/2005
Recording Reception Number: 556235
Original Principal Amount: $133,700.00
Outstanding Principal Balance: $133,690.75

Pursuant to CRS Section 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.
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
Also known by street and number as: 651 Gothic Road #108A, Mt Crested Butte, CO 81225

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, 09/29/2010, at Treasurer's Office, Suite T, 221 N. Wisconsin, Gunnison, CO 81230, 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: 8/12/2010
Last Publication: 9/9/2010
Name of Publication: Gunnison Country Times
DATE: 06/02/2010
Public Trustee in and for the County of Gunnison, State of Colorado
Melody Marks
By: Teresa Brown, Deputy Public Trustee
The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:
Andrea Rickles-Jordan #39005
Caren Jacobs Castle #11790
Barbara A Bader #10394
Katharine E. Fisher #39230
Peter C. DeCamillis #38929
Christa Kilk #29855
Joanna D Studeny #41740
Deanne R. Stodden #33214
Jennifer C Rogers #34682
Christopher T. Groen #39976
Keith A. Gantenbein, Jr. #39213
Joanna D. Studeny #41740
Elizabeth S Marcus #16092
Britney Beall-Eder #34935
Kimberly L. Martinez #40351
Andrea Rickles-Jordan #39005
Castle, Meinhold & Stawiarski LLC 999 18th Street #2201, Denver, CO 80202 (303) 865-1400
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 #: 10-10504

EXHIBIT A

Condominium Unit 108, Building A, Cheteaux Condominiums, according to the Condominium Map thereof and the Condominium Declaration pertaining thereto recorded in Book 478 at Page 245 and Amended in Book 498 at Page 143, subject to the Terms, Provisions and Obligations of said Condominium Declaration,
County of Gunnison,
State of Colorado

COMBINED NOTICE - PUBLICATION
CRS SECTION 38-38-103 FORECLOSURE SALE NO. 2010-079

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On May 27, 2010, 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 Gunnison records.
Original Grantor(s): John R. McGowan
Original Beneficiary(ies): Ameriquest Mortgage Company
Current Holder of Evidence of Debt: JPMC Specialty Mortgage LLC f/k/a WM Specialty Mortgage LLC
Date of Deed of Trust: 3/21/2006
County of Recording: Gunnison
Recording Date of Deed of Trust: 4/5/2006
Recording Reception Number: 564185
Original Principal Amount: $200,500.00
Outstanding Principal Balance: $187,198.80

Pursuant to CRS Section 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.
EXHIBIT A ATTACHED
Also known by street and number as: 29 Castle Road 2, Crested Butte, CO 81225

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, 09/29/2010, at Treasurer's Office, Suite T, 221 N. Wisconsin, Gunnison, CO 81230, 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: 8/12/2010
Last Publication: 9/9/2010
Name of Publication: Gunnison Country Times
DATE: 05/27/2010
Public Trustee in and for the County of Gunnison, State of Colorado
Melody Marks
By: Teresa Brown, Deputy Public Trustee
The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:
Boyd A. Rolfson #40035
Jennifer H. Trachte #40391
Robert J. Hopp #26818
Robert J. Hopp & Associates 333 West Colfax Avenue, Suite 200, PO Box 8689, Denver, CO 80204 (303) 788-9600
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 #: 10-02428CO

LEGAL DESCRIPTION

Unit 2, CASTLE RIDGE CONDOMINIUMS, according to the Condominium Map bearing Reception No. 386870 and the Condominium Declaration recorded March 22, 1985 in Book 616 at page 217 and in Amendment to the Condominium Declaration recorded February 1, 1993 in Book 719 at page 656 of the records of Gunnison County, Colorado

Being the same premises which James A. Bishop, John A. Stubbs and William E. Slaughter by deed dated 6/29/1993 and recorded 7/06/1993 in Gunnison County in reception 443626 then granted and conveyed to John R. McGowan.

Parcel# 3177-264-22-002

COMBINED NOTICE - PUBLICATION
CRS SECTION 38-38-103 FORECLOSURE SALE NO. 2010-078

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On May 27, 2010, 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 Gunnison records.
Original Grantor(s): D. Clif Walker
Original Beneficiary(ies): National City Mortgage a division of National City Bank
Current Holder of Evidence of Debt: PNC Mortgage, a division of PNC Bank, NA
Date of Deed of Trust: 10/17/2007
County of Recording: Gunnison
Recording Date of Deed of Trust: 10/22/2007
Recording Reception Number: 579729
Original Principal Amount: $342,800.00
Outstanding Principal Balance: $342,800.00

Pursuant to CRS Section 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.
PLEASE SEE ATTACHED LEGAL DESCRIPTION
Also known by street and number as: 651 Gothic Rd Unit 505, Mt. Crested Butte, CO 81225

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, 09/29/2010, at Treasurer's Office, Suite T, 221 N. Wisconsin, Gunnison, CO 81230, 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: 8/12/2010
Last Publication: 9/9/2010
Name of Publication: Gunnison Country Times
DATE: 05/27/2010
Public Trustee in and for the County of Gunnison, State of Colorado
Melody Marks
By: Teresa Brown, Deputy Public Trustee
The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:
Robert J. Aronowitz Esq. #5673
Monica Kadrmas #34904
Randall M. Chin, Esq. #31149
Stacey L. Aronowitz, Esq. #36290
Andrea Rickles-Jordan #39005
Joel T. Mecklenburg, Esq. #36291
Joan Olson, Esq #28078
Aronowitz & Mecklenburg, LLP 1199 BANNOCK STREET, DENVER, CO 80204 (303) 813-1177
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 #: 7575.00137

LEGAL DESCRIPTION:

CONDOMINIUM UNIT 505 , BUILDING E, CHATEAUX CONDOMINIUMS, ACCORDING TO THE CONDOMINIUM MAP THEREOF AND THE CONDOMINIUM DECLARATION PERTAINING THERETO RECORDED IN BOOK 478 AT PAGE 245 AND AMENDED IN BOOK 498 AT PAGE 143, SUBJECT TO THE TERMS, PROVISIONS, CONDITIONS AND OBLIGATIONS OF SAID CONDOMINIUM DECLARATION, TOWN OF MT. CRESTED BUTTE, COUNTY OF GUNNISON, STATE OF COLORADO.

COMBINED NOTICE - PUBLICATION
CRS SECTION 38-38-103 FORECLOSURE SALE NO. 2010-077

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On May 27, 2010, 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 Gunnison records.
Original Grantor(s): Stephen Melamed and Meeyoung C. Melamed
Original Beneficiary(ies): Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc.
Current Holder of Evidence of Debt: The Bank of New York Mellon FKA The Bank of New York, as Trustee for the Certificateholders CWMBS, Inc., CHL Mortgage Pass-Through Trust 2006-OA5 Mortgage Pass-Through Certificates, Series 2006-OA5
Date of Deed of Trust: 1/10/2006
County of Recording: Gunnison
Recording Date of Deed of Trust: 1/12/2006
Recording Reception Number: 562184
Original Principal Amount: $428,720.00
Outstanding Principal Balance: $464,185.30

Pursuant to CRS Section 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.
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
Also known by street and number as: 17 Castle Rd, Unit #4, Mount Crested Butte, CO 81225

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, 09/29/2010, at Treasurer's Office, Suite T, 221 N. Wisconsin, Gunnison, CO 81230, 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: 8/12/2010
Last Publication: 9/9/2010
Name of Publication: Gunnison Country Times
DATE: 05/27/2010
Public Trustee in and for the County of Gunnison, State of Colorado
Melody Marks
By: Teresa Brown, Deputy Public Trustee
The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:
Andrea Rickles-Jordan #39005
Caren Jacobs Castle #11790
Barbara A Bader #10394
Katharine E. Fisher #39230
Peter C. DeCamillis #38929
Christa Kilk #29855
Joanna D Studeny #41740
Deanne R. Stodden #33214
Jennifer C Rogers #34682
Christopher T. Groen #39976
Keith A. Gantenbein, Jr. #39213
Joanna D. Studeny #41740
Elizabeth S Marcus #16092
Britney Beall-Eder #34935
Kimberly L. Martinez #40351
Andrea Rickles-Jordan #39005
Castle, Meinhold & Stawiarski LLC 999 18th Street #2201, Denver, CO 80202 (303) 865-1400
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 #: 10-10403

EXHIBIT A

Unit 4, CASTLE POINT CONDOMlNIUMS, according to the Condominium Map recorded April 11, 1994 bearing Reception No. 450663 and the Condominium Declaration pertaining thereto recorded April 11, 1994 in Book 743 at Page 549 and Supplemental Condominium Declaration for Castle Point Condominiums, Phase II, recorded December 21, 1994 in Book 757 at Page 587, and Amendment to Supplemental Condominium Declaration for Castle Point Condominiums, Phase II, recorded December 17, 1997 and bearing Reception No. 480497 of the records of Gunnison County, State of Colorado.

COMBINED NOTICE - PUBLICATION
CRS SECTION 38-38-103 FORECLOSURE SALE NO. 2010-093

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On June 21, 2010, 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 Gunnison records.
Original Grantor(s): Emily Bond and James N. Tetzlaff
Original Beneficiary(ies): Mortgage Electronic Registration Systems, Inc., acting solely as nominee for DRAPER AND KRAMER MORTGAGE CORP DBA 1ST ADVANTAGE MORTGAGE
Current Holder of Evidence of Debt: BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
Date of Deed of Trust: 4/11/2008
County of Recording: Gunnison
Recording Date of Deed of Trust: 4/18/2008
Recording Reception Number: 583432
Original Principal Amount: $264,000.00
Outstanding Principal Balance: $260,663.34

Pursuant to CRS Section 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.
PLEASE SEE ATTACHED LEGAL DESCRIPTION
Also known by street and number as: 421 Teocalli Rd. Unit D, Crested Butte, CO 81224

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, 10/20/2010, at Treasurer's Office, Suite T, 221 N. Wisconsin, Gunnison, CO 81230, 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: 9/2/2010
Last Publication: 9/30/2010
Name of Publication: Gunnison Country Times
DATE: 06/21/2010
Public Trustee in and for the County of Gunnison, State of Colorado
Melody Marks
By: Teresa Brown, Deputy Public Trustee
The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:
Robert J. Aronowitz Esq. #5673
Monica Kadrmas #34904
Randall M. Chin, Esq. #31149
Stacey L. Aronowitz, Esq. #36290
Andrea Rickles-Jordan #39005
Joel T. Mecklenburg, Esq. #36291
Joan Olson, Esq #28078
Aronowitz & Mecklenburg, LLP 1199 BANNOCK STREET, DENVER, CO 80204 (303) 813-1177
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 #: 1269.05363

LEGAL DESCRIPTION

Condominium Unit D,THE LARKSPUR CONDOMINIUMS, according to the Condominium Map thereof recorded November 26, 1979 at Reception NO. 346676, and according to the Condominium Declaration pertaining thereto recorded November 26, 1979 in Book 544 at Page 196,

County of Gunnison,
State of Colordo,.

COMBINED NOTICE - PUBLICATION
CRS SECTION 38-38-103 FORECLOSURE SALE NO. 2010-076

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On May 27, 2010, 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 Gunnison records.
Original Grantor(s): Craig T Bliss
Original Beneficiary(ies): Mortgage Electronic Registration Systems, Inc., as nominee for Colonial National Mortgage, a division of Colonial Savings, F.A.
Current Holder of Evidence of Debt: Colonial National Mortgage, a division of Colonial Savings, F.A.
Date of Deed of Trust: 7/24/2007
County of Recording: Gunnison
Recording Date of Deed of Trust: 7/30/2007
Recording Reception Number: 577470
Original Principal Amount: $75,000.00
Outstanding Principal Balance: $65,087.01

Pursuant to CRS Section 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.
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
Also known by street and number as: 336 King Ave, Somerset, CO 81434

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, 09/29/2010, at Treasurer's Office, Suite T, 221 N. Wisconsin, Gunnison, CO 81230, 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: 8/12/2010
Last Publication: 9/9/2010
Name of Publication: Gunnison Country Times
DATE: 05/27/2010
Public Trustee in and for the County of Gunnison, State of Colorado
Melody Marks
By: Teresa Brown, Deputy Public Trustee
The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:
Andrea Rickles-Jordan #39005
Caren Jacobs Castle #11790
Barbara A Bader #10394
Katharine E. Fisher #39230
Peter C. DeCamillis #38929
Christa Kilk #29855
Joanna D Studeny #41740
Deanne R. Stodden #33214
Jennifer C Rogers #34682
Christopher T. Groen #39976
Keith A. Gantenbein, Jr. #39213
Joanna D. Studeny #41740
Elizabeth S Marcus #16092
Britney Beall-Eder #34935
Kimberly L. Martinez #40351
Andrea Rickles-Jordan #39005
Castle, Meinhold & Stawiarski LLC 999 18th Street #2201, Denver, CO 80202 (303) 865-1400
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 #: 10-10378

EXHIBIT A

A part of Lot 5, Block 5 and a part of School Exception, Somerset, Colorado, lying in the Northwest 1/4 of the Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4 of Section 17, Township 13 South, Range 90 West of the Sixth Principal Meridian, bounded and described as follows:

Beginning at a point which bears S 06 degrees 50' East 533.9 feet from the North 1/4 corner of said Section 17, thence S 05 degrees 24' W 141.7 feet to the Southeast corner of said Lot 5, thence N 83 degrees 08' W 160.1 feet along the South boundary of Lot 5, thence N 17 degrees 08' E 85.1 feet, thence N 43 degrees 36' E 31.9 feet, thence N 10 degrees 44' E 32.8 feet, thence S 82 degrees 58' E 120.0 feet to the point of beginning,

County of Gunnison,
State of Colorado

COMBINED NOTICE - PUBLICATION
CRS SECTION 38-38-103 FORECLOSURE SALE NO. 2010-091

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On June 21, 2010, 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 Gunnison records.
Original Grantor(s): WestWall Partners, LLC
Original Beneficiary(ies): Viola Capital Management, LLC
Current Holder of Evidence of Debt: Viola Capital Management, LLC
Date of Deed of Trust: 5/4/2009
County of Recording: Gunnison
Recording Date of Deed of Trust: 5/5/2009
Recording Reception Number: 590489
Original Principal Amount: $525,000.00
Outstanding Principal Balance: $525,000.00

Pursuant to CRS Section 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.
See attached Ex. A, incorporated herein by this reference
Also known by street and number as: 14 Hunter Hill Road, Crested Butte, CO 81225

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, 10/20/2010, at Treasurer's Office, Suite T, 221 N. Wisconsin, Gunnison, CO 81230, 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: 9/2/2010
Last Publication: 9/30/2010
Name of Publication: Gunnison Country Times
DATE: 06/21/2010
Public Trustee in and for the County of Gunnison, State of Colorado
Melody Marks
By: Teresa Brown, Deputy Public Trustee
The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:
James S. Bailey #3319
Randall M. Livingston #13342
Bailey & Peterson, A Professional Corporation 1660 Lincoln Street, Suite 3175, Denver, CO 80264 (303) 837-1660
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 #: WestWall

EXHIBIT A

The Alpine Club according to the Condominium Map for WestWall Lodge at Mt. Crested Butte, Second Supplemental Map, recorded November 8, 2007 at reception No. 580142, County of Gunnison, State of Colorado, First Supplemental Map recorded July 26, 2006 at Reception Number 567302 and as defined and described in the Condominium Declaration for WestWall Lodge at Mt. Crested Butte recorded May 12, 2006 at Reception No. 565088, amended as the First Amended and Restated Condominium Declaration for WestWall Lodge at Mt. Crested Butte recorded May 21, 2007 at Reception Number 575429, amended as the Amendment to the First Amended and Restated Condominium Declaration for WestWall Lodge at Mt. Crested Butte, recorded November 8, 2007 at Reception Number 580141.

Together with Parking Easement, as defined and described in the Condominium Declaration for WestWall Lodge at Mt. Crested Butte recorded May 12, 2006 at Reception No. 565088, amended as the First Amended and Restated Condominium Declaration for WestWall Lodge at Mt. Crested Butte recorded May 21, 2007 at Reception Number 575429, amended as the Amendment to the First Amended and Restated Condominium Declaration for WestWall Lodge at Mt. Crested Butte, recorded November 8, 2007 at Reception Number 580141, County of Gunnison, State of Colorado, for all parking spaces, facilities, and garages set forth in according to the Condominium Map for WestWall Lodge at Mt. Crested Butte, Second Supplemental Map, recorded November 8, 2007 at Reception No. 580142, County of Gunnison, State of Colorado. First Supplemental Map recorded July 26, 2006 at Reception No. 567302.

known as No. 14 Hunter Hill Road, Crested Butte, Colorado 81225, together with all appurtenances.

COMBINED NOTICE - PUBLICATION
CRS SECTION 38-38-103 FORECLOSURE SALE NO. 2010-075

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On May 26, 2010, 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 Gunnison records.
Original Grantor(s): Darrin Eicher and Rebecca Eicher
Original Beneficiary(ies): Mortgage Electronic Registration Systems, Inc., as nominee for Clarion Mortgage Capital, Inc.
Current Holder of Evidence of Debt: GMAC Mortgage, LLC
Date of Deed of Trust: 4/26/2006
County of Recording: Gunnison
Recording Date of Deed of Trust: 5/2/2006
Recording Reception Number: 564785
Original Principal Amount: $202,492.00
Outstanding Principal Balance: $193,655.07

Pursuant to CRS Section 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.
LOT 1, LOST MINER RANCH SUB, COUNTY OF GUNNISION, STATE OF COLORADO
Also known by street and number as: 94 Homestead Road, Gunnison, CO 81230

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, 09/22/2010, at Treasurer's Office, Suite T, 221 N. Wisconsin, Gunnison, CO 81230, 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: 8/5/2010
Last Publication: 9/2/2010
Name of Publication: Gunnison Country Times
DATE: 05/26/2010
Public Trustee in and for the County of Gunnison, State of Colorado
Melody Marks
By: Teresa Brown, Deputy Public Trustee
The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:
Andrea Rickles-Jordan #39005
Caren Jacobs Castle #11790
Barbara A Bader #10394
Katharine E. Fisher #39230
Peter C. DeCamillis #38929
Christa Kilk #29855
Joanna D Studeny #41740
Deanne R. Stodden #33214
Jennifer C Rogers #34682
Christopher T. Groen #39976
Keith A. Gantenbein, Jr. #39213
Joanna D. Studeny #41740
Elizabeth S Marcus #16092
Britney Beall-Eder #34935
Kimberly L. Martinez #40351
Andrea Rickles-Jordan #39005
Castle, Meinhold & Stawiarski LLC 999 18th Street #2201, Denver, CO 80202 (303) 865-1400
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 #: 10-10055

COMBINED NOTICE - PUBLICATION
CRS SECTION 38-38-103 FORECLOSURE SALE NO. 2010-074

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On May 26, 2010, 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 Gunnison records.
Original Grantor(s): Michael Alan Stoneberg and Lori Ann Stoneberg
Original Beneficiary(ies): Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage, LLC dba ditech
Current Holder of Evidence of Debt: GMAC Mortgage, LLC
Date of Deed of Trust: 10/5/2007
County of Recording: Gunnison
Recording Date of Deed of Trust: 11/1/2007
Recording Reception Number: 580005
Original Principal Amount: $416,000.00
Outstanding Principal Balance: $401,175.98

Pursuant to CRS Section 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.
ALL THAT PARCEL OF LAND IN GUNNISON COUNTY, STATE OF COLORADO, AS MORE FULLY DESCRIBED IN DEED INST # 508343, ID# R005000, BEING KNOWN AND DESIGNATED AS LOT 61, CHALET #10.
Also known by street and number as: 831 Gothic Road, Mt Crested Butte, CO 81225

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, 09/22/2010, at Treasurer's Office, Suite T, 221 N. Wisconsin, Gunnison, CO 81230, 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: 8/5/2010
Last Publication: 9/2/2010
Name of Publication: Gunnison Country Times
DATE: 05/26/2010
Public Trustee in and for the County of Gunnison, State of Colorado
Melody Marks
By: Teresa Brown, Deputy Public Trustee
The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:
Andrea Rickles-Jordan #39005
Caren Jacobs Castle #11790
Barbara A Bader #10394
Katharine E. Fisher #39230
Peter C. DeCamillis #38929
Christa Kilk #29855
Joanna D Studeny #41740
Deanne R. Stodden #33214
Jennifer C Rogers #34682
Christopher T. Groen #39976
Keith A. Gantenbein, Jr. #39213
Joanna D. Studeny #41740
Elizabeth S Marcus #16092
Britney Beall-Eder #34935
Kimberly L. Martinez #40351
Andrea Rickles-Jordan #39005
Castle, Meinhold & Stawiarski LLC 999 18th Street #2201, Denver, CO 80202 (303) 865-1400
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 #: 10-10126

COMBINED NOTICE - PUBLICATION
CRS SECTION 38-38-103 FORECLOSURE SALE NO. 2010-089

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On June 15, 2010, 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 Gunnison records.
Original Grantor(s): Dana Cabrera
Original Beneficiary(ies): Mortgage Electronic Registration Systems, Inc., as nominee for OwnIt Mortgage Solutions, Inc.
Current Holder of Evidence of Debt: U.S. Bank National Association as Trustee for RASC 2007KS1
Date of Deed of Trust: 10/23/2006
County of Recording: Gunnison
Recording Date of Deed of Trust: 10/24/2006
Recording Reception Number: 570268
Original Principal Amount: $123,385.00
Outstanding Principal Balance: $119,301.63

Pursuant to CRS Section 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.
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE
Also known by street and number as: 1420 Rock Creek Rd, Gunnison, CO 81230

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, 10/13/2010, at Treasurer's Office, Suite T, 221 N. Wisconsin, Gunnison, CO 81230, 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: 8/26/2010
Last Publication: 9/23/2010
Name of Publication: Gunnison Country Times
DATE: 06/15/2010
Public Trustee in and for the County of Gunnison, State of Colorado
Melody Marks
By: Teresa Brown, Deputy Public Trustee
The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:
Andrea Rickles-Jordan #39005
Caren Jacobs Castle #11790
Barbara A Bader #10394
Katharine E. Fisher #39230
Peter C. DeCamillis #38929
Christa Kilk #29855
Joanna D Studeny #41740
Deanne R. Stodden #33214
Jennifer C Rogers #34682
Christopher T. Groen #39976
Keith A. Gantenbein, Jr. #39213
Joanna D. Studeny #41740
Elizabeth S Marcus #16092
Britney Beall-Eder #34935
Kimberly L. Martinez #40351
Andrea Rickles-Jordan #39005
Castle, Meinhold & Stawiarski LLC 999 18th Street #2201, Denver, CO 80202 (303) 865-1400
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 #: 10-10061

EXHIBIT A

Unit 3, ROCK CREEK VILLAGE, according to the Final Plat of Rock Creek Village, a Common Interest Community recorded October 4, 2001, bearing reception No. 514875, and the Declaration of Grants, Covenants, Conditions, and Restrictions for Rock Creek Village recorded October 4, 2001, bearing Reception No. 514874, of the records of Gunnison County, Colorado, County of Gunnison, State of Colorado

COMBINED NOTICE - PUBLICATION
CRS SECTION 38-38-103 FORECLOSURE SALE NO. 2010-088

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On June 15, 2010, 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 Gunnison records.
Original Grantor(s): Erin M Dellaporta
Original Beneficiary(ies): WASHINGTON MUTUAL BANK, FA
Current Holder of Evidence of Debt: JPMorgan Chase Bank, National Association
Date of Deed of Trust: 6/26/2006
County of Recording: Gunnison
Recording Date of Deed of Trust: 6/30/2006
Recording Reception Number: 566571
Original Principal Amount: $345,000.00
Outstanding Principal Balance: $344,968.90

Pursuant to CRS Section 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.
Lot 6, Block 10, CRESTED BUTTE SOUTH, SECOND FILING, according to the official plat thereof bearing Reception No. 281588, County of Gunnison, State of Colorado
Also known by street and number as: 531 Teocalli Rd., Crested Butte, CO 81224

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, 10/13/2010, at Treasurer's Office, Suite T, 221 N. Wisconsin, Gunnison, CO 81230, 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: 8/26/2010
Last Publication: 9/23/2010
Name of Publication: Gunnison Country Times
DATE: 06/15/2010
Public Trustee in and for the County of Gunnison, State of Colorado
Melody Marks
By: Teresa Brown, Deputy Public Trustee
The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:
Robert J. Aronowitz Esq. #5673
Monica Kadrmas #34904
Randall M. Chin, Esq. #31149
Stacey L. Aronowitz, Esq. #36290
Andrea Rickles-Jordan #39005
Joel T. Mecklenburg, Esq. #36291
Joan Olson, Esq #28078
Aronowitz & Mecklenburg, LLP 1199 BANNOCK STREET, DENVER, CO 80204 (303) 813-1177
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 #: 3202.29444

COMBINED NOTICE - PUBLICATION
CRS SECTION 38-38-103 FORECLOSURE SALE NO. 2010-087

To Whom It May Concern: This Notice is given with regard to the following described Deed of Trust:
On June 15, 2010, 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 Gunnison records.
Original Grantor(s): Francis J Oyster and Carol L Oyster
Original Beneficiary(ies): Wells Fargo Bank, NA.
Current Holder of Evidence of Debt: Wells Fargo Bank, NA.
Date of Deed of Trust: 5/19/2008
County of Recording: Gunnison
Recording Date of Deed of Trust: 5/23/2008
Recording Reception Number: 584056
Original Principal Amount: $417,000.00
Outstanding Principal Balance: $407,675.49

Pursuant to CRS Section 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.
LOTS 6 AND 7, CLINES HOME SITES, AS SET FORTH ON THE PLAT RECORDED SEPTEMBER 17, 1973 AT RECEPTION NO. 256415, COUNTY OF GUNNISON, STATE OF COLORADO
Also known by street and number as: 2790 Highway 135, Gunnison, CO 81230

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, 10/13/2010, at Treasurer's Office, Suite T, 221 N. Wisconsin, Gunnison, CO 81230, 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: 8/26/2010
Last Publication: 9/23/2010
Name of Publication: Gunnison Country Times
DATE: 06/15/2010
Public Trustee in and for the County of Gunnison, State of Colorado
Melody Marks
By: Teresa Brown, Deputy Public Trustee
The name, address, telephone number and bar registration number of the attorney(s) representing the legal holder of the indebtedness is:
Robert J. Aronowitz Esq. #5673
Monica Kadrmas #34904
Randall M. Chin, Esq. #31149
Stacey L. Aronowitz, Esq. #36290
Andrea Rickles-Jordan #39005
Joel T. Mecklenburg, Esq. #36291
Joan Olson, Esq #28078
Aronowitz & Mecklenburg, LLP 1199 BANNOCK STREET, DENVER, CO 80204 (303) 813-1177
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 #: 9105.00053

Legal Notice for Decision Notice and FONSI for EA

Notice of Decision for the Pitkin Environmental Assessment for the Pitkin Grazing Allotment, Grand Mesa, Uncompahgre, Gunnison National Forest, Gunnison District, Gunnison County.

As the Responsible Official, District Ranger John R. Murphy signed a Decision Notice and Finding of No Significant Impact (FONSI) on August 27, 2010, approving the Environmental Assessment for the Pitkin Allotment Management Plan (AMP). The Forest Service proposes to develop adaptive management prescriptions for the allotment in the analysis area. Implementation will occur through the incorporation of the selected alternative into an AMP specific to the allotment. The prescriptions will focus on practices that would maintain and improve rangeland and watershed health in areas where current conditions are less than satisfactory. Adaptive management principles will be applied through management options designed to provide flexibility while ensuring that resource conditions are met or progressing in the desired direction.

The Pitkin allotment is located 20 miles east northeast of Gunnison, Colorado. The area contains 60,326 total acres with 26,091 acres suitable for grazing. The analysis area is located within the following watersheds; Hot Springs Creek, Quartz Creek and Willow Creek (Tincup area).

Copies of the Environmental Assessment and Decision Notice/FONSI are available at the Gunnison Forest Service Office at 216 North Colorado, Gunnison, Colorado. Additional information regarding this action can be obtained from:

Ed Mauch or Mark Hatcher
216 North Colorado
Gunnison, CO 81230
970-641-0471
emauch@fs.fed.us

Decision Subject to Appeal
This decision is subject to administrative review (appeal) pursuant to 36 CFR Part 215.

The appeal must be filed (regular mail, fax, email, hand-delivery, or express delivery) with the Appeal Deciding Officer at:
Appeals Deciding Officer
USDA Forest Service, Region 2
Rocky Mountain Region
Attn.: Appeal Deciding Officer
740 Simms Street
Golden, CO 80401-4720

The office business hours for those submitting hand-delivered appeals are: 8:00-4:30 Monday through Friday, excluding holidays.

For Fax delivery: 303-275-5134
For email delivery of an appeal: appeals-rocky-mountain-gmug@fs.fed.us.
Electronic appeals must be in Microsoft Word, Word Perfect or plain text file format. In cases where no identifiable name is attached to an electronic message, a verification of identity will be required. A scanned signature is one way to provide verification.

Appeals, including attachments, must be filed within 45 days from the publication date of this notice in the Gunnison Country Times, the newspaper of record. Attachments received after the 45 day appeal period will not be considered. The publication date in the Gunnison Country Times, newspaper of record, is the exclusive means for calculating the time to file an appeal. Those wishing to appeal this decision should not rely upon dates or timeframe information provided by any other source.

Individuals or organizations who submitted comments or otherwise expressed interest during the comment period specified at 215.6 may appeal this decision. The notice of appeal must meet the appeal content requirements at 36 CFR 215.14.

Implementation
If no appeals are filed within the 45-day time period, implementation of the decision may occur on, but not before, 5 business days from the close of the appeal filing period. When appeals are filed, implementation may occur on, but not before, the 15th business day following the date of the last appeal disposition.

NOTICE OF FURTHER CONSIDERATION

Notice is hereby given that the City Council of the City of Gunnison, Colorado, shall give further consideration of the granting of the rights and privileges under a proposed nonexclusive franchise to Atmos Energy Corporation, a Texas and Virginia Corporation, for a period of 20 years, to furnish, sell and distribute gas to the City and all the residents of the City of Gunnison. A hearing shall be held on final adoption of the proposed ordinance at the following date/time:

Date: September 14, 2010
Time: 7:30 p.m.
Address: City Council Chambers, 201 West Virginia Ave., Gunnison, Colorado

NOTICE TO CREDITORS

In the Matter of the Estate of Theodore D. Violett, Deceased

Case Number 2010PR30

All persons having claims against the above-named estate are required to present them to the Personal Representative or to District Court of Gunnison, County, Colorado, on or before February 3, 2011, or the claims may be forever barred.

Martha Watson Violett,
Personal Representative
P.O Box 1266
Gunnison, CO 81230

NOTICE TO CREDITORS

Estate of Mary Dodd Gordon, Deceased

Case Number 10PR10

All persons having claims against the above-named estate are required to present them to the Personal Representative or to District Court of Gunnison, County, Colorado, on or before December 19, 2010, or the claims may be forever barred.

Jason MacMillan,
Personal Representative
P.O Box 2891
Crested Butte, CO 81224

ORDINANCE NO. 6
SERIES 2010

AN ORDINANCE GRANTING A FRANCHISE BY THE CITY OF GUNNISON, COUNTY OF GUNNISON, COLORADO, TO ATMOS ENERGY CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO FURNISH, SELL AND DISTRIBUTE GAS TO THE CITY AND TO ALL PERSONS, BUSINESSES AND INDUSTRIES WITHIN THE CITY AND THE RIGHT TO ACQUIRE, CONSTRUCT, INSTALL, LOCATE, MAINTAIN, OPERATE AND EXTEND INTO, WITHIN AND THROUGH SAID CITY ALL FACILITIES REASONABLY NECESSARY TO FURNISH, SELL AND DISTRIBUTE GAS TO THE CITY AND TO ALL PERSONS, BUSINESSES AND INDUSTRIES WITHIN THE CITY AND IN THE TERRITORY ADJACENT THERETO AND THE RIGHT TO MAKE REASONABLE USE OF ALL STREETS AND OTHER PUBLIC PLACES AS MAY BE NECESSARY, AND FIXING THE TERMS AND CONDITIONS THEREOF.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GUNNISON, COLORADO, ORDAINS THAT:

ARTICLE 1: DEFINITIONS

Section 1.1. For the purpose of this franchise, the following words and phrases, shall have the meaning given in this Article. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words, in the singular number include the plural number. The word “shall” is mandatory and “may” is permissive. Words not defined in the Article shall be given their common and ordinary meanings.

Section 1.2. “City” refers to the City of Gunnison, Gunnison County, Colorado, a Colorado home rule municipality, and includes the territory as it currently is or may in the future be included within the boundaries of the City of Gunnison.

Section 1.3. “Company” refers to Atmos Energy Corporation, a Texas and Virginia corporation, and its successors and assigns, but does not include its affiliates, subsidiaries or any other entity in which it has an ownership interest.

Section 1.4. “Distribution Facilities” refers to and is only that portion of the Company’s gas distribution system within the City, which delivers gas from the City gate stations (City border) to the point-of-delivery of the customer, including all devices connected to that system.

Section 1.5. “Emergency” refers to ruptures and leakage of pipelines, explosions, fires and similar instances where immediate action is necessary to prevent loss of life or significant damage to underground facilities and advance notice of proposed excavation is impracticable under the circumstances.

Section 1.6. “Facilities” refers to and are all facilities reasonably necessary to provide gas service into, within, and through the City and include but are not limited to plants, works, systems, regulator stations, transmission and distribution structures, equipment, rectifiers, valves, above and underground lines, meters and wires.

Section 1.7. “Gas” refers to natural gas, a mixture of predominantly methane, with other hydrocarbons in lesser proportions or other fuel gas mixtures that may include hydrogen that provide fuel for lighting, heating, cooling, motive power, cogeneration, fuel cell, vehicle fuel, and other processes.

Section 1.8. “Public Easements” refers to and are public and dedicated easements created and available for use by a natural gas public utility for their facilities.

Section 1.9. “Public Utilities Commission” or “PUC” refers to and is the Public Utilities Commission of the State of Colorado or other authority succeeding to the regulatory powers of the Public Utilities Commission.

Section 1.10. “Residents” refers to and includes all persons, businesses, industry, governmental agencies, and any other entity whatsoever, presently located or to be hereinafter located, in whole or in part, within the territorial boundaries of the City.

Section 1.11. “Revenues” refers to and are those amounts of money which the Company receives from its customers within the City from the sale of gas or Tariff Services provided under rates authorized by the Public Utilities Commission and from the use by others of its facilities within the City and represents amounts billed under such rates as adjusted for refunds, the net write-off of uncollectible accounts, corrections or other regulatory adjustments.

Section 1.12. “Streets and Other Public Places" refer to and are streets, alleys, viaducts, bridges, roads, lanes, easements, and other public ways in said City.

Section 1.13. “Tariff service” is a service provided by the Company pursuant to its tariff which are filed with and approved by the PUC, for which the Company may charge a fee. Such fees include, but are not limited to fees for connecting and disconnecting customers, for transferring service and for returned check charges.

Section 1.14. “Transportation” refers to the movement of gas, owned by others, into the Company’s distribution system for redelivery to the end user’s facility within the City. This includes the movement of gas that has been, or may be, accumulated by an aggregator or broker for the purpose of providing the end user, within the City, with fuel for
uses normally associated with gas.

ARTICLE 2: GRANT OF FRANCHISE

Section 2.1. Grant of Franchise. The City hereby grants to Company, for the period specified and subject to the conditions, terms and provisions contained in the franchise, a nonexclusive right to furnish, sell, and distribute gas to the City and to all residents of the City. Subject to the conditions, terms, and provisions contained in the franchise, the City also hereby, grants to the Company, a non-exclusive right to acquire, construct, install, locate, maintain, operate, and extend into, within and through the City all Facilities reasonable necessary to furnish, sell and distribute gas within, into, and through the City and to its residents and a nonexclusive right to make reasonable use of the streets and other public places and easements as may be necessary to carry out the terms of this franchise. These rights shall extend to all areas of the City as it is now constituted and to additional areas as the City may increase in seize by annexation or otherwise.

Section 2.2. Term of Franchise. This franchise shall take effect on October 30, 2010 The term of this franchise shall be for twenty (20) years, beginning with said effective date of this franchise and expiring October 30, 2030.

ARTICLE 3: FRANCHISE FEE

Section 3.1. Franchise Fee.

In consideration for the franchise rights granted herein which provide, among other things, for the company’s use of the streets and public easements which are valuable public properties acquired and maintained by the City at great expense to its residents and in recognition that the grant to the Company of the use of the streets and public easements is a valuable right, Company shall pay the City the sums provided in this section. Except as specified in this franchise, payment of the franchise fee shall not exempt the Company from any other lawful taxes or fees; however, the franchise fee provided for herein shall constitute the exclusive monetary payment by the Company to the City for the Company’s use and occupancy of the streets and public easements except as specifically provided herein.

The Company shall pay, within thirty (30) days after the end of each calendar quarter, a franchise fee equal to the aggregate of the following:

Five percent (5%) of Company’s Revenue, (including natural gas transportation revenue by the Company) derived from residents within the City during the preceding calendar quarter. Company shall provide a list and addresses of transportation customers in the City franchise area once each calendar year.

Section 3.2. Payment Schedule.

For franchise fees owed on revenues received after the effective date hereof, payment shall be made within thirty (30) days after each calendar quarter during the term hereof. Adjustments shall be allowed for net write-offs of uncollectible amounts. All payments shall be made to the City Finance Director. The City Finance Director or other authorized representatives, shall have reasonable access to the appropriate books of the Company at the Company’s offices in Gunnison, Colorado (or at Company’s nearest office if Company has no office in Gunnison) for the purpose of auditing or checking to ascertain that the franchise fee has been correctly computed, upon at least ten (10)days notice by the City and during regular business hours.

In the event an error by the Company results in an overpayment of the franchise fee to the City and said overpayment is in excess of $5,000.00, credit for the overpayment shall be spread over the same period the error was undiscovered. If the overpayment is $5,000.00 or less, credit shall be taken against the next payment.

Section 3.3. Change of Franchise Fee. Once during each calendar year of the franchise, the City Council, upon giving 30 days notice to the Company, may review and change the franchise fee that the City may be entitled to receive as a part of the franchise; provided, however, that the Council may only change the franchise fee amount such as to cause the City to receive a franchise fee under this franchise equivalent to the franchise fee that the Company may pay to any other city or town in any other franchise under which the Company renders gas service in Colorado.

Section 3.4. Franchise Fee Payment in Lieu of Other Fees. Payment of the franchise fee by the Company is accepted by the City in lieu of any occupancy tax, easement tax, franchise tax or charge, license tax, permit fee, inspection fee, bond, street tax, street or alley rental or charge, or any other tax, fee, charge, levy, or rental in connection with the privilege of doing business or in connection with the physical operation thereof, or in connection with the physical occupation of the streets and public easements, but does not exempt the Company from any other lawful taxation upon its property or any other tax not related to the franchise, and does not, except as otherwise herein provided, exempt company from the payment of other fees assessed generally upon businesses.

Section 3.5. Contract Obligation. If the franchise fee specified in this Article is declared illegal, unconstitutional, or void for any reason by any court of proper authority, Company is contractually bound to pay the city an amount that would be, as near as practicable, equivalent to the amount which would have been paid by the company as a franchise fee hereunder.

ARTICLE 4: SUPPLY, CONSTRUCTION, RATES, AND PAYMENT

Section 4.1. Supply of Gas. The Company shall take all reasonable steps to provide an adequate supply of gas to its customers at a reasonable cost. If the supply of gas to its customers should be interrupted, the Company shall take all necessary and reasonable actions to restore such supply within the shortest practicable time.

Section 4.2. Restoration of Service. In the event the Company’s, gas system, or any part thereof, is partially or wholly destroyed or incapacitated, the Company shall use due diligence to restore its system to satisfactory service within the shortest practicable time.

Section 4.3. Obligations Regarding Company Facilities. The Company shall install, maintain, repair, renovate, and replace its facilities with due diligence in a good and workmanlike manner, and the Company’s facilities will be of sufficient quality and durability to provide adequate and efficient gas service to the City and its residents. Company facilities shall not unreasonably interfere with the City’s water mains, sewer mains, electric distribution lines and facilities or other municipal use of streets and other public places. The Company shall construct and maintain its facilities in such a way so as to minimize the interference with trees, historical, and other natural features. Company facilities, where reasonably practicable, shall be installed in public easements so as to cause a minimal amount of interference with such public and private property, but nothing herein shall be construed as preventing Company from obtaining private easements or rights-of way, whether through purchase or the powers of eminent domain, where and when Company deems necessary. The Company will comply with all landscape and aesthetic requirements of the City insofar as these requirements do not interfere with the safe operation and regulatory compliance of gas equipment, fixtures, or facilities.

Section 4.4. Excavation and Construction. All excavation and construction work done by the Company shall be done pursuant to permits issued by the City and in a timely and expeditious manner which minimizes the inconvenience to the public and individuals. Company shall not be obligated for payment of any fee to the City to obtain any permit unless a reasonable, uniform fee for an excavation permit is charged to all non-municipal utilities with the City. All public and private property legally placed in public easements disturbed by Company excavation or construction activities shall be restored by the Company at its expense to substantially its former condition or, upon the City’s request, to such improved condition as will result in said property meeting current code conditions imposed upon said property by the City; provided, however, that the Company shall not be put to any additional expense as a result of returning said property to an improved condition rather than to substantially its former condition. All work shall be completed in a workmanlike manner. Any subsidence or degradation of the pavement, which occurs as a result of Company excavation will be corrected in a timely and expeditious manner.

Section 4.5. Relocation of Company Facilities.

A. Any relocation of the Company’s facilities in any street or other public place required, caused or occasioned by any City project shall be at the cost of the Company. Relocation shall be completed within a reasonable time as mutually agreed to by the parties; provided, however, the Company shall be granted an extension of time of completion equivalent to any delay caused by conditions not under its control, provided that the Company proceeds with due diligence at all times.

B. Relocated underground facilities shall be underground. Relocated above-ground facilities shall be above-ground unless the City agrees to pay the additional cost of moving them underground. Notwithstanding the previous sentence, the Company expressly reserves, and the City expressly recognizes, the Company’s right to make the final decision in the relocation of its facilities when, in the reasonable discretion of the Company, such decision is necessary either technically, or for safety and benefit of the City and its residents.

Section 4.6. Service to New Areas. If the boundaries of the City are expanded during the term of this franchise, the Company shall extend service to residents in the expanded area at the earliest practicable time and in accordance with the Company’s extension policy. Service to the expanded area shall be in accordance with the terms of this franchise agreement, including payment of franchise fees.

Section 4.7. City Not Required to Advance Funds. Upon receipt of the City’s authorization for billing and construction, the Company shall extend its facilities to provide gas service to the City for municipal uses within the City limits without requiring the City to advance funds prior to construction.

Section 4.8. Technological Improvements. The Company shall generally introduce and install, as soon as practicable, gas energy technological advances in its equipment and service within the City when such advances, in the Company’s reasonable discretion, are technically and economically feasible and are safe and beneficial to the City and its residents. Upon request by the City, which request shall not be made more frequently than once every twelve months, the Company shall review and promptly report advances which have occurred in the gas utility industry that have been incorporated into the Company’s operations in the City in the previous year or will be so incorporated in the six (6) months following the City’s request. The Company shall report in advance to the City any plans to include technological advances relating to gas facilities already in place.

Section 4.9. Rates. The Company shall furnish natural gas within the corporate limits of the City, as such limits now exist, or may, during the term of this franchise, be extended to the residents thereof, and to any person or persons or corporation doing business in the City, or any addition thereto, at the rates and under the terms and conditions set forth in the tariffs, filed with or fixed by the PUC, or by any other competent authority having jurisdiction in the premises.

Section 4.10. No Discrimination. The Company shall not unlawfully discriminate against any consumer within the City with respect to charges for natural gas or services rendered.

Section 4.11. Company Rules and Regulations. The Company, from time to time, may promulgate such rules, regulations, terms and conditions governing the conduct of its business, including the utilization of natural gas and payment therefore, and the interference with, or alteration of, any of the Company’s property upon the premises of its customers, as shall be necessary to ensure a continuous and uninterrupted service to each and all of its customers and the proper measurement thereof and payment therefore, provided that the Company shall keep on file in its office at Denver, Colorado, available to the public, copies of its tariffs concurrently in effect and on file from time to time with the PUC, and other competent authority having jurisdiction in the premises.

ARTICLE 5: COMPLIANCE

Section 5.1. City Regulation. The City expressly reserves, and the Company expressly recognizes, the City’s right and duty to adopt, from time to time, in addition to the provisions herein contained, such charter provision, ordinances, and rules and regulations as may by the City be deemed necessary in the exercise of its police power for the protection of the health, safety, and welfare of its citizens.

Section 5.2. Compliance With City Requirements. Except in instances of Emergency, the Company will comply with all City requirements and obtain any permits required regarding curb and pavement cuts, excavating, digging, and related construction activities. Except in instances of Emergency, the City may require that all installations be coordinated with the City’s capital improvement programs. If an Emergency requires a curb or pavement cut the Company shall notify the City at their earliest convenience of this action.

Section 5.3. City Review of Construction and Design. Except in instances of Emergency, prior to construction of any significant facilities above ground, for gas control buildings, regulator stations or similar structures within the City, unless otherwise requested in writing by the City, the Company shall furnish to the City the plans for such facilities. In addition, upon request, the Company shall assess and report on the impact of such proposed construction on the City environment. Such plans and reports may be reviewed by the City to ascertain inter alia that the Company is in compliance with the following requirements: (1) that all applicable laws, including building and zoning codes and air and water pollution regulations, are complied with: (2) that aesthetic and good planning principles have been given due consideration: and (3) that adverse impact on the environment has been minimized. The Company shall incorporate all reasonable changes requested by the City. The City shall not require the Company to meet any standard higher than those required to meet Federal, State or local laws.

Section 5.4. Compliance with PUC Regulations. The gas which the Company distributes shall conform with the minimum standards promulgated by the PUC in the Rules Regulating the Service of Gas Utilities and with the tariff provisions of the Company setting standards, as the same may be amended from time to time.

Section 5.5. Compliance with Federal State and Local Laws. The Company shall comply with all applicable Federal, State and local laws. The Company shall use its commercially reasonable best efforts to take measures which will result in its facilities meeting the standards required by applicable Federal and State air and water pollution laws. Upon the City’s request, Company will provide the City with a status report of such measures.

Section 5.6. Inspection. The City shall have the right to inspect at all reasonable times any portion of the Company’s system used to serve the City and its residents. The Company agrees to cooperate with the City in conducting the inspection and to correct any reasonable discrepancies affecting the City’s interest in a prompt and efficient manner.

Section 5.7. Weed Control. The Company agrees to participate in local efforts to control the proliferation of noxious weeds within streets and other public places by paying the amount of $1000 to the City on or before June 1 annually during the term of this Ordinance.

ARTICLE 6: PUBLIC UTILITIES COMMISSION

Section 6.1. Public Utilities Commission Regulation. The lawful provisions of the Company’s tariffs on file and in effect with the Public Utilities Commission, which are consistent with the restrictions and limitations of Article XXV of the Colorado Constitution regarding the rights of municipalities to franchise are controlling over any inconsistent provision in this franchise dealing with the same subject matter. To the best of the Company’s knowledge, no provision of the franchise is inconsistent with any of the currently effective provisions of the Company’s tariffs.

ARTICLE 7: REPORTS TO CITY

Section 7.1. Reports on Company Operations. Upon reasonable notice, the Company shall submit reasonable and necessary reports containing or based on information readily obtainable from the Company’s books and records as the City may request with respect to the operations of the Company within the City limits under this franchise. The City will ensure the confidentiality of information which, in the Company’s reasonable discretion, it deems to be confidential and proprietary, to the extent provided by law. Company understands that the City is subject to the Colorado public records statute.

Section 7.2. Copies of Tariffs, All PUC Filings. The Company shall keep on file in its Denver, Colorado office, all tariffs, rules, regulations and policies approved by the PUC relating to service by the Company to the City and its residents. Upon request by the City, the Company shall provide the City with copies of all filings affecting said service which it makes with the Colorado PUC. Should Company’s gas cost adjustment rates for service within the City increase by ten percent (10%) or more. Company shall meet all PUC notification requirements.

Section 7.3. Notice of Emergency or Force Majeure Events. In recognition that the City is responsible for public safety functions and emergency response the Company commits to notify the City telephonically with a follow up by telefax of any emergency or force majeure event existing within or affecting its distribution facilities. The parties will endeavor to coordinate an appropriate and reasonable response to any such emergency or force majeure event. In addition, the Company agrees to notify the City of any extra-ordinary event on the Company’s system that would require a response by the City in pursuit of its public safety and emergency response functions, such extra-ordinary event to include, but not be limited to, a reasonable determination by the Company as to the existence of an improper level of odorant or a significant planned or unplanned interruption in the Company’s gas supplies serving the City.

ARTICLE 8: INDEMNIFICATION OF THE CITY

Section 8.1. City Held Harmless. The Company shall indemnify, defend, and save the City harmless from and against all liability or damage and all claims and demands whatsoever in nature arising out of the operations of the Company within the City pursuant to this franchise and the securing of and the exercise by the Company of the franchise rights granted in this ordinance and shall pay all reasonable expenses arising there from. The City and the Company will each provide prompt written notice to the other of the pendency of any claim or action against either party arising out of the exercise by the Company of its franchise rights. The Company and the City will each be permitted at their own expense, to appear and defend or to assist in defense of such claim. Notwithstanding any provision hereof to the contrary, the Company shall not be obligated to indemnify, defend or hold the City harmless to the extent any claim, demand or lien in judicially determined to have arisen out of or in connection with any negligent act or failure to act of the City or the City’s officers, agents, employees or representatives.

Section 8.2. Payment of Expenses Incurred by City in Relation to Ordinance. At the City’s option, the Company shall pay in advance or reimburse the City for actual expenses incurred in publication of notices and ordinances, and for photocopying of documents arising out of the negotiations or process for obtaining the franchise.

Section 8.3. Financial Responsibility. At the time of the execution of this ordinance, and from time to time at the City’s request, not more frequently than annually, the Company shall submit to the City Attorney as a confidential document proof of its ability to meet is obligations under this ordinance, including its ability to indemnify the City as required by this article. This proof may take the form of proof of insurance coverage, adequate funding of self-insurance, or the provision of a bond. The Company shall supply the City with a list of its insurance companies with the types of coverage, but not levels of insurance. Said list shall be kept current by annual revisions during the term of the franchise and given to the City when requested. The City may require, from time to time and the Company agrees to provide, additional reasonable proof of funding of the Company’s indemnification obligations as a self-insured, if Company is acting as self-insurer. Company shall cause its insurer to be required to notify City of any lapse or change in insurance coverage and Company shall produce to City evidence that it has completed this obligation.

ARTICLE 9: TRANSFER OF FRANCHISE

Section 9.1. Consent of City Required. The Company shall not transfer or assign any rights under this franchise to a third party unless the City shall approve such transfer or assignment. Approval of the transfer or assignment shall not be unreasonably withheld by the City. A corporate merger, consolidation, or reorganization involving Company shall not constitute a transfer or assignment for purposes hereof.

ARTICLE 10: PURCHASE OR CONDEMNATION

Section 10.1. City’s Right to Purchase or Condemn. Any right of the City to construct, purchase or condemn any public utility works or ways, and the rights of the Company in connection therewith, as provided by the Colorado Constitution and statutes and the City of Gunnison Municipal Charter, are hereby expressly reserved and may be exercised at any time during the term of this franchise as provided by the Colorado Constitution and statutes.

Section 10.2. Continued Cooperation by Company. In the event the City exercises any right it may have under applicable law to purchase or condemn, the Company agrees that, at the City’s request, it will continue to supply and service it supplies under this franchise, for the duration of the term of this franchise pursuant to terms and conditions negotiated for such continued operation.

ARTICLE 11: REMOVAL OF COMPANY FACILITIES AT END OF FRANCHISE

Section 11.1. Limitations on Company Removal. In the event this franchise is not renewed at the expiration of its term or the Company terminates any service provided herein for any reason whatsoever, and the City has not purchased or condemned the system and has not provided for alternative gas service, the Company shall not be required nor shall it have the right to remove said system pending resolution of the disposition of the system. The Company further agrees it will not withhold any temporary services necessary to protect the public and shall be entitled only to monetary compensation in no greater amount than it would have been entitled to be such services provided during the term of this franchise. However, in the event the obligation to maintain the facilities continues beyond the expiration of the franchise agreement, the Company and City shall negotiate the terms and conditions for such continued operation. Only upon receipt of written notice from the City stating that the City has adequate alternative gas sources to provide for the people of the City shall the Company be entitled to remove any or all of said systems in use under the terms of this franchise.

ARTICLE 12: FORFEITURE AND CURE

Section 12.1 Forfeiture. Both the Company and the City recognize there may be circumstances whereby compliance with the provisions of this franchise is impossible or is delayed because of circumstances beyond the Company’s control. In this instance, the Company shall use its best efforts to comply in a timely manner and to the extent possible. In the event of a substantial breach by Company of any material provision of this ordinance, the City, acting by and through its City Council, may terminate the franchise and rights granted to Company hereunder; provided, however, that such termination shall not be effective unless and until the procedures described below have been followed:

The City must deliver to Company, by certified or registered mail or hand-delivery, a written notice. Such notice must (i) fairly and fully set forth in detail each of the alleged acts or omissions of Company that the City contends constitutes a substantial breach of any material provision hereof; (ii) designate which of the terms and conditions hereof the City contends Company breached; and (iii) specify the date, time and place at which a public hearing will be held by the governing body of the City for the purpose of determining whether the allegations contained in the notice did, in fact, occur; provided, however, that the date of such hearing may not be less than fifteen (15) days after the date of such notice.

Within ten (10) days following the adjournment of the public hearing described in subsection (a) above, the City must deliver to Company, by certified or registered mail, a written notice setting forth (i) the acts and omissions of Company described in the first notice that the governing body of the City determines to have in fact occurred; and (ii) the specific terms and conditions of this ordinance listed in the first notice that the governing body of the City determines to have in fact been breached by such acts or omissions of Company.

The City shall permit Company the opportunity to substantially correct and cure all the breaches hereof set forth in the written notice described in subsection (b) above, provided such breaches are amenable to cure, within thirty (30) days after Company’s receipt of such notice before termination occurs.

Section 12.2. Judicial Review. Any such declaration of forfeiture shall be subject to judicial review as provided by law.

Section 12.3. Other Legal Remedies. Nothing herein contained shall limit or restrict any legal rights that the City or the Company may possess arising from any alleged violation of this franchise.

Section 12.4. Continued Obligations. Upon forfeiture, the Company shall continue to provide service to the City and its residents in accordance with the terms hereof until the City makes alternative arrangements for such service. If the Company fails to provide continued service, it shall be liable for damages to the City.

Section 12.5. Force Majeure. Notwithstanding anything expressly or impliedly to the contrary contained herein, in the event Company is prevented, wholly or partially, from complying with any obligation or undertaking contained herein by reason of undertakings shall be suspended, and the time during which Company is so prevented herein, shall mean any cause not reasonably within Company control and includes, but is not limited to, acts of God, strikes, lockouts, wars, riots, orders, or decrees of any lawfully constituted Federal, state or local body, contagious or contaminations hazardous to human life or health, fires, storms, floods, wash-outs, explosions, breakages or accidents to machinery or lines of pipe, inability to obtain or the delay in obtaining rights-of-way, materials, supplies, or labor permits, temporary failure of gas supply, or necessary repair. maintenance or replacement of facilities used in the performance of the obligations contained in this ordinance.

ARTICLE 13: AMENDMENTS

Section 13.1. Amendments to Franchise. At any time during the term of this franchise, the City or the Company may propose amendments to this franchise by giving thirty (30) days written notice to the other of the proposed amendment(s) desired and both parties thereafter, through their designated representatives, will negotiate within a reasonable time in good faith in an effort to agree on mutually satisfactory amendment(s), unless otherwise provided by this franchise or law.

ARTICLE 14: MISCELLANEOUS

Section 14.1. Successors and Assigns. The rights, privileges, and obligations granted and contained in this ordinance shall inure to the benefit of and be binding upon Greeley Gas Company, its successors and assigns, as provided for in section 9.1 above.

Section 14.2. Third Parties. Nothing contained, in this franchise shall be construed to provide rights to third parties.

Section 14.3. Representatives. Both parties shall designate from time to time in writing representatives for the Company and the City, who will be the persons to whom notices shall be sent regarding any action to be taken under this ordinance. Notice shall be in writing and forwarded by certified mail or hand delivery to the persons and addresses as hereinafter stated, unless the persons and addresses are changed at the written request of either party, delivered in person or by certified mail. Until any such change shall hereafter be made, notices shall be sent to the City Manager and to the Atmos Energy, Vice President of Operations. Currently the addresses are as follows:

For the City of Gunnison:
P.O. Box 239,1100 West Virginia Ave., Gunnison, CO 81230
970-641-8040

For the Company:
1555 Blake St. Suite # 400, Denver, CO 80202
303-831-5691

Section 14.4. Severability. Should any one or more provisions of this franchise be determined to be illegal or unenforceable, all other provisions nevertheless shall remain effective; provided, however, the parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft a term that will achieve the original intent of the parties hereunder.

Section 14.5. Entire Agreement. This franchise constitutes the entire agreement of the parties. There have been no representations made other than those contained in this franchise.

INTRODUCED, READ, AND ORDERED PUBLISHED ON FIRST READING THE 24th DAY OF AUGUST, 2010.
PASSED, ADOPTED, AND APPROVED ON SECOND READING THIS _____ DAY OF __________, 2010.
THE CITY OF GUNNISON
COLORADO

By: ____________________
Stu Ferguson, Mayor

ATTEST:
_______________________
Gail Davidson, City Clerk

DATE OF FINAL PUBLICATION:_________, 2010.

ACCEPTED AND AGREED TO:
ATMOS ENERGY CORPORATION
By: ____________________
Gary Schlessman, President (Colorado-Kansas Division)

The City of Gunnison is soliciting bids from qualified roofing contractors for the installation of a new membrane roof system on the City Municipal Building. Items to be included in the bid should be complete tear off and disposal of existing roofing material, new layers of insulation, underlayment, membrane, flashing, crane service, dumpster expenses, etc. Contact Eric Jansen at the City of Gunnison Building Office at 641-8151 for bid specifications.

Notice of Intent to Solicit Bids for Gravel Crushing

Gunnison County Public Works Department
811 Rio Grande
Gunnison, CO 81230
970-641-0044

Within the next 30-60 days Gunnison County will be soliciting bids for gravel crushing at a newly developed pit on the west side of Kebler Pass, known as the Watson Flats Pit.

The scope of work in the bid solicitation will include:
Mobilization of crushing equipment to and from the pit;
Crushing an indefinite amount of gravel to a Forest Service specification (amount of gravel crushed will be determined by cost per ton);
Crush no less than 5,000 ton of CDOT Class 6 aggregate, and 2,000 ton of CDOT Class 5 aggregate;
Forest Service and County material must be stockpiled separately;
Gunnison County will remove all over burden prior to crushing;
Contractor will be required to blend material to meet required specification;
Contractor will be required to obtain all necessary permits;
Contractor will be required to keep all operations within designated pit development areas.

Because this pit is under development we want to solicit information regarding adequacy of the pit for crushing operations from potential bidders prior to soliciting bids. For that reason we are conducting a mandatory pre-bid conference on September 13, 2010, at 1:00 PM.

The pit is located just past the 11 mile marker on the west side of Kebler Pass. The entrance of the pit will be marked for your convenience.

August 24, 2010
Marlene D. Crosby
Public Works Director

DISTRICT COURT, GUNNISON COUNTY, COLORADO
200 East Virginia Avenue
Gunnison, Colorado 81230

Plaintiffs:
TAMARA VANCE, JASON VANCE, and MICHAEL SCAGLIONE,

Defendants:
BRAD KUSKIN, KRAVETZ REALTY GROUP, LLC, a New York limited liability company, KRG-CB, LLC, a New York limited liability company, and KRG-CB II, LLC, a Delaware limited liability company,

Case Number: 2010CV133

Roderick E. Landwehr
Roderick E. Landwehr, P.C.
Attorney for Plaintiffs
304 W. Tomichi Avenue, #24
Gunnison, Colorado 81230
(970) 641-1577
(970) 641-1578 (fax)
Atty. Reg. #4945

SHERIFF'S COMBINED NOTICE OF SALE, RIGHT TO CURE, AND RIGHT TO REDEEM

This Combined Notice concerns the lien of a Transcript of
Judgment described as follows:
BRAD KUSKIN, KRAVETZ REALTY GROUP, LLC, a New York limited liability company, KRG-CB, LLC, a New York limited liability company, and KRG-CB II, LLC, Judgment Debtors.
TAMARA VANCE, JASON VANCE, and MICHAEL SCAGLIONE, Judgment Creditors.

TAMARA VANCE, JASON VANCE, and MICHAEL SCAGLIONE: Current holder ("Holder") of Evidence of Debt ("Debt") secured by the Transcript of Judgment.
June 28, 2010: Date of Judgment.
June 28, 2010: Recording Date of Transcript of Judgment.
Gunnison: County of Recording.
Reception No. 599158: Reference No. of Recorded Transcript of Judgment.
$ 950,000.00: Original principal balance of Debt.
$ 950,000.00: Outstanding principal balance of Debt on date of
Writ of Execution.

YOU ARE NOTIFIED AS FOLLOWS:

Pursuant to a Writ of Execution issued by the District Court
in the above-entitled action, I have levied upon the Property
hereinafter described and will sell the same at a Sheriff's sale. The legal description of the Property that is the subject of this
Combined Notice is: See Exhibit A, attached hereto.

You may have an interest in the real property being sold that
may be affected by this sale. You may have the right to cure a
default under the above-described Transcript of Judgment. You may have the right to redeem the real property being sold. A notice of intent to cure filed pursuant to Section 38-38-104, Colorado Revised Statutes, shall be filed with the undersigned Sheriff at least fifteen (15) calendar days prior to the first scheduled sale date or any date to which the sale is continued. A notice of intent to redeem pursuant to Section 38-38-302, Colorado Revised Statutes, shall be filed with the undersigned Sheriff no later than 8 business days after the sale.

The name, address, business telephone number, and Colorado bar registration number of the attorney representing the Holder are as follows:
Roderick E. Landwehr, #4945
Roderick E. Landwehr, P.C.
304 W. Tomichi Avenue, #24
Gunnison, Colorado 81230
(970) 641-1577

THEREFORE, the undersigned Sheriff will, at 9:00 o'clock a.m.,
on the date of Thursday, October 21, 2010, at the west front door of the Gunnison County Courthouse, 200 East Virginia Avenue, Gunnison, Colorado 81230, sell the Property at public auction to the highest bidder who has submitted bid funds to the undersigned Sheriff as specified by Section 38-38-106(7), C.R.S. to pay the Debt and certain other sums, all as provided by applicable law, and will deliver to the purchaser a certificate of purchase as provided by law.

This date of sale is the date to which the sale has been
continued pursuant to Section 38-38-103(2)(a), C.R.S. The initial date of sale is __________ (date).

THE LIEN OF THE DEED OF TRUST BEING FORECLOSED MAY NOT BE A FIRST LIEN.

THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE.

Date: 8/11/10
RICHARD L. MURDIE, Sheriff of County of Gunnison, State of
Colorado.
By /s/ Richard L. Murdie

EXHIBIT A

Real property located in the Town of Mt. Crested Butte, County of Gunnison, State of Colorado, more specifically described as follows:

TOWNSHIP 13 South, Range 86 West, 6th P.M.

A tract of land located in the SW1/4SE1/4 of Section 23, and the NW1/4NEl/4 of Section 26, all in Township 13 South, Range 86 West, 6th P.M., more particularly described as follows:

Commencing at the North Quarter corner of said Section 26, (as marked by a USGLO brass cap monument)

Thence North 70 degrees 55'00" East 477 .00 feet;

Thence along the arc of a curve to the left a distance of 18.13 feet, (said curve having a radius of 1075.00 feet and a long chord of South 07 degrees 46'00" West 18.13 feet), to the North corner of the Marcellina Apartments, Inc. property, (as described under Reception No. 486539 of the records of Gunnison County), said corner also being the Point of Beginning for the herein described tract, thence the following courses around said tract:

Along the Northeasterly boundary of said property along the arc of a curve to the right a distance of 81.41 feet, said curve having a radius of 126.00 feet and a long chord of South 51 degrees 46'00" East 80.00 feet;

South 33 degrees 35'00" East 416.00 feet along said boundary;

Along said boundary along the arc of curve to the right a distance of 99.25 feet, said curve having a radius of 180.00 feet and a long chords of South 17 degrees 45'00" East 98.00 feet;

Along said boundary along the arc of a curve to the left a distance of 61.80 feet, said curve having a radius of 180.00 feet and a long chords of South 11 degrees 14'00" East 61.50 feet;

South 22 degrees 35'00" East 243.00 feet along said boundary;

Along said boundary and its extension along the arc of a curve to the right a distance of 72.76 feet, (said curve having a radius of 129.00 feet and a long chord of South 06 degrees 20'28" East 71.80 feet), to a point on the easterly boundary of Marcellina Lane, (as dedicated on the recorded plat of the Town of Mt. Crested Butte filed under Reception No. 301771 of said records;

Along said boundary along the arc of a curve to the right a distance of 679.92 feet, said curve having a radius of 672.00 feet and a long chord of North 40 degrees 34'54" West 651.28 feet;

Along said boundary along the arc of a curve to the right a distance of 352.43 feet, said curve having a radius of 1075.00 feet a long chord of North 02 degrees 06'29" West 350.85 feet;

North 34 degrees 36'53" East 0.13 feet to the North corner of said Marcellina Apartments, Inc. property, said corner also being the Point of Beginning of the described tract.

Town of Mt. Crested Butte, County of Gunnison, State of Colorado.

DISTRICT COURT,
GUNNISON COUNTY, COLORADO
Gunnison County Courthouse
200 East Virginia Avenue
Gunnison, Colorado 81230

THE BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF GUNNISON, COLORADO, a political
subdivision of the State of Colorado,
Plaintiff,
vs.
M. N. DAVIS, CORB S. BEDELL, RALPH C. ROUNDS,
DWIGHT M. ROUNDS, CUATRO AMIGOS, a partnership,
CUATROS AMIGOS, a partnership, GUNNISON
COUNTY DEVELOPMENT CORPORATION, a Colorado
corporation, and all unknown persons who claim any
interest in the subject matter of this action,
Defendants.

Case No: 2010 CV 185

Special Counsel for Plaintiff:
David M. Barton
David M. Barton, P.C.
304 West Tomichi, Suite 26
Gunnison, Colorado 81230
970/641-2181
Fax No.: 970/641-5770
Atty Reg. #: 13139

SUMMONS

THE PEOPLE OF THE STATE OF COLORADO
TO THE ABOVE DEFENDANTS:

YOU ARE HEREBY SUMMONED and required to appear and defend against the claims of the Complaint filed with the Court in this action, by filing with the Clerk of this Court an answer or other response. You are required to file your answer or other response within 30 days after the service of this summons upon you. Service of this summons shall be complete on the day of last publication. A copy of the complaint may be obtained from the Clerk of the Court.

If you fail to file your answer or other response to the complaint in writing within 30 days after the date of last publication, judgment by default may be rendered against you by the Court for the relief demanded in the complaint without further notice.

This is an action to quiet title to a parcel of land located in General Land Office (GLO) Tract 41, Independent Resurvey of Township 15 South, Range 83 West, 6th Principal Meridian, in Gunnison County, Colorado, being a portion of the permanent right-of-way for Taylor River Road, as more fully described in the complaint.

Dated this 31st day of August, 2010.

/s/ David M. Barton
David M. Barton, #13139
Special Counsel for The Board of County Commissioners of the County of Gunnison, Colorado

District Court
Gunnison County, Colorado
200 East Virginia Ave.
Gunnison, Colorado 81230

In re:
The Marriage of:
Parental Responsibilities concerning: Gregory Barrera
Petitioner: Yuliana Burgos
and
Co-Petitioner/Respondent: Benjamin Barrera

Attorney or Party Without Attorney:
Yuliana Burgos, 2388 Highway 135 #43, Gunnison, Colorado, 81230, Phone Number: 970-417-7401.

Case Number: 10DR41

PETITIONER'S VERIFIED MOTION FOR: PUBLICATION OF SUMMONS

The Petitioner moves for an Order to serve Respondent by the method checked above for the following reasons:
Petitioner has filed: Petition of Dissolution of Marriage.
Petitioner has been unable to locate an address for service of the Respondent despite diligent efforts consisting of: Requesting information from Respondent's mother and performing an internet search.
Respondent's last known mailing address was the same as petitioner before the parties separated, before that his mailing address was 216 E Enon, Everman TX 76140.
Petitioner last saw Respondent on February 27, 2007, in Gunnison.
This involves issues relating to allocation of parental responsibilities (decision-making and parenting time) of minor children, in which the Respondent has an interest.

Petitioner's Signature: /s/ Yuliana Burgos
August 19, 2010

Subscribed and affirmed, or sworn to before me in the County of Gunnison, State of Colorado, this 19th day of August, 2010.
/s/ Mary Jo Marvel, Notary Public Clerk
My Commission Expires: 7/21/2013