Note as required by Colo.Rev. Stat. § 4-S-204(a). As an alternative to negotiation, a note may be enforced by a transferee who receives delivery of the note for the purpose of giving the transferee the right to enforce it. Colo.Rev.Stat. § 4-3-203(a). When a note is transferred, the transferee is vested with “any right of the transferor to enforce the instrument.” Colo.Rev.Stat. § 4-3-204(b). The Court accepts Thomas’s oral testimony that he transferred possession of the Note to the LLC. The assignment document Thomas filed with the Court and, more importantly, the affidavit of Thomas’s counsel that he is in possession of the original Note as Thomas’s agent is evidence that Thomas is in constructive possession of the Note. See In re Miller, 666 F.3d 1255, 1264 n. 9 (10th Cir.2012) (<HOLDING>); Georg v. Metro Fixtures Contractors, Inc.,
holding that constructive possession need not be exclusive but may be shared by others recognizing innocent possession defense to a charge of criminal weapons possession holding that k no wing possession can be demonstrated by proof of either actual or constructive possession recognizing theory of constructive possession holding that the phrase possession or custody in  5225b requires actual and not merely constructive possession