SAMPLE DEED OF TRUST.PDF

SAMPLE DEED OF TRUST
Requested By:
When Recorded Return to:
Maricopa County Human Services Department
Attn: Community Development Assistant Director
234 N. Central Ave., Ste. 300
Phoenix, AZ 85004
DEED OF TRUST
(Single Family Rental Property)
Effective Date: County and State where Real Property is located:
___________, 2016 Maricopa County, Arizona
TRUSTOR: BENEFICIARY:
XXXX Maricopa County
234 N. Central Ave., 3rd Floor
Phoenix, AZ 85004
TRUSTEE:
XXXX
Obligation Secured:
Subject Real Property: Promissory Note Amount: $XXX
XXXX
Subject Real Property Legal: Subject Real Property is a single family affordable rental unit more fully
described in the attached Exhibit A and by this reference made a part hereof.
1. Conveyance. Trustor irrevocably grants and conveys to Trustee in trust, with power of sale, the Subject
Real Property, subject to existing taxes, covenants, conditions, restrictions, rights of way and easements of
record, to be held as security for the payment by Trustor of the Obligation Secured and for the performance
of other obligations of Trustor as set forth in this Deed of Trust: including without limitation:
(a) Performance of each agreement of Trustor herein contained;(see Riders 1 and 2 attached hereto); and
(b) Payment of the Obligation Secured evidenced by promissory note or notes of even date herewith, and
any extension or renewal thereof, in the principal sum of XXX Dollars ($XXX.00), executed by

Section V Attachments & Forms
Trustor in favor of Beneficiary or order. Payment of additional sums and interest thereon which may
hereafter be loaned to Trustor, or his successors or assigns, when evidenced by a promissory note or
notes; and
(c) this Deed of Trust, the Promissory Note; and
(d) Declaration of Covenants, Conditions and Restrictions; and
(e) The position of Beneficiary in relation to other creditors.
2. Appurtenances. Trustor grants, together with the Subject Real Property, all buildings and improvements
now or hereafter erected thereon and all fixtures attached to or used in connection with the Project Property
(including, without limiting the generality of the foregoing, all ventilating, heating, air conditioning,
refrigeration, plumbing and lighting fixtures), together with all leases, rents, issues, profits or income
therefrom (hereinafter “Property Income”), subject, however, to the right power and authority hereinafter
given to Beneficiary to collect and apply such Property Income.
3. Taxes, Assessments and Trust Expenses. Trustor shall pay, before delinquent, all taxes and
assessments affecting the Subject Real Property, all encumbrances, charges and liens, when due, with
interest, on the Subject Real Property or any part thereof, which appear to be prior or superior hereto; all
costs, fees and expenses of this trust and all lawful charges, costs and expenses of any reinstatement of this
Deed of Trust following a default.
4. Fire Insurance. Trustor shall, at Trustor’s expense, maintain in force fire and extended coverage
insurance in any amount of not less than the full replacement value of any buildings which may exist on
the Subject Real Property with loss payable to Beneficiary. Trustor shall provide fire insurance protection
on its furniture, fixtures and other personal property on the Subject Real Property in an amount equal to the
full insurable value thereof and promises that any insurance coverage in this regard will contain a waiver
of the insurer’s right of subrogation against Beneficiary. The amount collected under any insurance policy
may be applied to any indebtedness hereby secured and in such order as the Beneficiary may determine, or
at the option of the Beneficiary the entire amount so collected or any part thereof may be released to Trustor.
Such application or release shall not cure or waive any default hereunder or cause discontinuance of any
action that may have been or may thereafter be taken by Beneficiary or Trustee because of such default.
5. Liability Insurance. Trustor shall, at Trustor’s expense, maintain in force policies of liability insurance,
with Beneficiary as an additional insured thereunder, insuring Trustor against any claims resulting from the
injury to or the death of any person or the damage to or the destruction of any property belonging to any
person by reason of Beneficiary’s interest hereunder or the use and occupancy of Subject Real Property by
Trustor. Such insurance shall include coverage:
5a. Against any claim resulting from injury to or the death of any one person.
5b. Against any claim resulting from injury to or deaths of any number of persons from any one accident.
5c. Against any claim resulting from the damage to or destruction of any property belonging to any person.
6. Processing of Insurance Policies. Trustor shall promptly deliver to Beneficiary the originals or true
and exact copies of all insurance policies including flood insurance (if required) by this Deed of Trust.
Trustor shall not do or omit to do any act which will in any way impair or invalidate any insurance policy
required by this Deed of Trust. All insurance policies shall contain a written obligation of the insurer to
notify Beneficiary in writing at least 10 days prior to any cancellation thereof.
7. Indemnification of Trustee and Beneficiary. Trustor shall hold Trustee and Beneficiary, harmless
from and indemnify them for any and all claims raised by any third party, including but not limited to claims
secured by any liens or encumbrances placed on the Subject Real Property, against Trustee or Beneficiary

Section V Attachments & Forms
resulting from their interests or actions hereunder or the acts of Trustor except to the extent that any claim
raised by a third party is the result of the gross negligence or intentional misconduct of the Trustee or
Beneficiary. Such indemnification shall include reasonable attorneys’ fees and costs, including cost of
evidence of title. Trustor shall appear in, and defend, any action or proceeding purporting to affect the
security hereof or the rights or powers of the Trustee or Beneficiary; and shall pay all costs and expenses
of Trustee or Beneficiary, including costs of evidence of title and attorneys’ fees in a reasonable sum in
such action or proceeding which Trustee or Beneficiary may appear, and in suit brought by Beneficiary to
foreclose on this Deed of Trust.
8. Right of Beneficiary or Trustee to Pay Obligations of Trustor. If Trustor fails or refuses to pay any
sums due to be paid by it under the provisions of this Deed of Trust, or fails or refuses to take any action as
herein provided, then Beneficiary or Trustee shall have the right to pay any such sum due to be paid by
Trustor and to perform any act necessary. The amount of such sums paid by Beneficiary or Trustee for the
account of Trustor and the cost of any such action, together with interest thereon at the maximum legal
contractual rate per annum, from the date of payment until satisfaction, shall be added to the Obligation
Secured, unless otherwise specified by Beneficiary at the time of such payment. The payment by
Beneficiary or Trustee of any such sums or the performance of any such action shall be prima facie evidence
of the necessity therefore.
9. Condemnation. Subject to the written requirements of any subordination agreement executed by
Beneficiary, any award of damages in connection with any condemnation or injury to any of the Subject
Real Property by reason of public use or for damages for private trespass or injury thereto are assigned in
full and shall be paid to Beneficiary, who shall apply them to the payment of the principal of the Obligation
Secured, the interest thereon, and any other charges and amounts secured hereby in such manner as
Beneficiary may elect. Any remaining balance shall be paid to Trustor. Beneficiary may, at Beneficiary’s
option, appeal from any such award in the name of Trustor.
Unless Trustor and Beneficiary otherwise agree in writing, any application of such proceeds to principal
shall not extend or postpone the due dates of any installment payments of the Obligation Secured or change
the amount of such payments.
10. Care of Property. Trustor shall take reasonable care of the Subject Real Property and the buildings
thereon and shall adequately maintain the Subject Real Property in good repair and condition as at the
original date of this Deed of Trust, ordinary depreciation excepted. Trustor shall commit or permit no waste
and do no act which will unduly impair or depreciate the value of the Subject Real Property. For purposes
of this section, adequate maintenance includes (a) removal of debris, salvage, junk cars, trash in and/or
around the Subject Real Property; (b) ongoing maintenance of landscaping of premises; and (c) compliance
with “good faith effort” to maintain and clean interior and exterior of structure in compliance with 24 CFR
92.251 (f), Minimum Property Standards. If the Trustor fails to so care for the Subject Real Property, then
Beneficiary, at its option, may make or contract for the necessary repairs or remediation necessary to restore
the Subject Real Property and, the Trustor shall, at the option of the Beneficiary, reimburse Beneficiary for
the reasonable cost of such repairs and remediation, or execute a promissory note for the amount of repairs
and remediation secured by a deed of trust in favor of Beneficiary or the Beneficiary may add the cost
thereof to the Obligation Secured. Trustor shall purchase and use on the Subject Real Property the amount
of water to which it is or shall be entitled and shall not abandon any water rights, power rights or any rights
of whatever nature which are appurtenant to the Subject Real Property.
11. Right to Inspect Subject Real Property. At all convenient and reasonable times, upon prior notice
to Trustor, Beneficiary or Trustee shall have the right and license to go on and into the Subject Real Property
to inspect it in order to determine whether the provisions of the Obligations Secured are being kept and
performed. The Trustor agrees and understands that periodic site inspections will be made by Beneficiary.

Section V Attachments & Forms
12. Energy Efficient Appliances. Any energy efficient appliances (clothes washers, dryers, and
dishwashers purchased with HOME funds, shall remain in the home for the full Period of Affordability,
subject to dispensation from Maricopa County Human Services Department, Community Development
Division.
13. Event of Default. Each of the following shall be considered an event of default ("Event of Default")
of this Deed of Trust:
a. The occurrence of an event of default or breach of any provision of the Promissory Note or any
other term of this Deed of Trust or failure of Trustor to pay on demand by Beneficiary any
amount for which demand is made on Beneficiary by the U.S. Department of Housing and
Urban Development arising from the failure by Trustor of the Subject Real Property to comply
with the HOME Program as set forth in 24 CFR 92.
b. The failure of Trustor to perform any duty or obligation required by the Obligations Secured
and such failure continues after applicable cure periods;
c. The removal or attempted removal by Trustor of any property included in the Subject Real
Property without the consent of Beneficiary;
d. The failure of Trustor to maintain the Subject Real Property in accordance with paragraph 11
above and such failure continues after applicable cure periods;
e. Abandonment of the Subject Real Property by Trustor;
f. The filing, execution or occurrence of:
(1) A petition in bankruptcy by or against Trustor which is not dismissed within ninety (90)
days.
(2) A petition or answer seeking a reorganization, composition, readjustment, liquidation,
dissolution or other relief of the same or different kind under any provision of the
Bankruptcy Act which is not dismissed within ninety (90) days.
(3) Adjudication of Trustor as a bankrupt or insolvent, or insolvency in the bankruptcy
equity sense.
(4) An assignment by Trustor for the benefit of creditors, whether by trust, mortgage or
otherwise.
(5) A petition or other proceedings by or against Trustor for the appointment of a trustee,
receiver, guardian, conservator or liquidator of Trustor with respect to all or substantially
all its property which petition is not dismissed within ninety (90) days.
(6) Trustor’s dissolution or liquidation or the taking of possession of Trustor’s property by
any governmental authority in connection with dissolution or liquidation.
g. A determination by Beneficiary that the security of the Deed of Trust is inadequate or
in danger of being impaired or threatened from any cause whatsoever.

Section V Attachments & Forms
h. The sale, conveyance, transfer or attempted conveyance or transfer, or subjection to a mortgage
or deed of trust, whether voluntary, involuntary or by operation of law, of the Subject Real
Property or any interest in it, without prior written consent of Beneficiary which consent will
not be unreasonably withheld, conditioned or delayed. Notwithstanding the forgoing,
Beneficiary expressly agrees that any refinance of indebtedness on the Property to which this
Note and Deed of Trust are subordinate does not constitute a default so long as such refinancing
is conducted for the sole purpose of loss mitigation or foreclosure prevention. Any refinance
activity regarding indebtedness on the Property for purposes of “cashing out,” equity or that is
otherwise not for the purpose of loss mitigation, foreclosure prevention, or retention of the
property is hereby deemed to constitute a default of the Note and Deed of Trust during the 240
month duration of the Note.
i. Notwithstanding anything to the contrary in the Obligations Secured and Deed of Trust, the
following shall not constitute a default under the Obligations secured (a) the sale, transfer,
conveyance or pledge of any membership interest in the Investor Member; and (b) any
amendment to the Operating Agreement which does not affect the financial terms of the
Operating Agreement, and does not otherwise adversely affect the security interest of
Beneficiary in the Property or Declaration.
14. Cure Rights.
a. Beneficiary shall give Trustor and any other person identified in paragraph 25 below,
simultaneous written notice of any monetary Event of Default occurring under the terms of the
Promissory Note prior to exercising any remedies thereunder. Trustor shall have a period of ten
(10) business days after receipt of such notice, or such longer period of time as may be set forth in
the Promissory Note, to cure the default prior to exercise of remedies under the Promissory Note
or this Deed of Trust.
b. Beneficiary shall give Trustor and any other person identified in paragraph 25 below,
simultaneous written notice of any non-monetary default or Event of Default occurring under the
term of the Obligations Secured, prior to exercising any remedies. Such non-monetary default or
Event of Default shall not remain uncured for more than 60 calendar days. If Beneficiary
determines that Trustor has taken and diligently, continually and in good faith continues corrective
action and that the non-monetary default or Event of Default cannot be corrected within the 60-day
cure period, Beneficiary may, in its sole discretion, allow Trustor such additional time as may be
reasonably necessary to cure the non-monetary default or Event of Default before Beneficiary
exercises any remedies.
c. Beneficiary agrees that any cure of any Event of Default described in the Obligations Secured
by any person identified in paragraph 25 below, shall be deemed to be cure by Trustor and shall be
accepted or rejected on the same basis as if made by Trustor.
15. Acceleration. In the event of default by Trustor, Beneficiary may declare all sums secured hereby
immediately due and payable by delivery to Trustee of written notice setting forth the nature thereof and of
Beneficiary’s election to cause the Subject Real Property to be sold under this Deed of Trust. Beneficiary
shall also deposit with Trustee all documents evidencing the Obligation Secured and any expenditures
secured hereby.
16. Trustee’s Sale. Upon receipt of Beneficiary’s notice of election to cause the Subject Real Property to
be sold, Trustee shall, in accordance with all provisions of law, give Trustor notice of trustee’s sale and,
after the lapse of the required amount of time, sell the Subject Real Property at public auction, at the time

Section V Attachments & Forms
and place specified in the Notice of Trustee’s Sale, to the highest bidder of cash in lawful money of the
United States, payable at the time of sale. Any persons, including Trustor, Trustee or Beneficiary may
purchase at the Trustee’s Sale. Trustee may postpone or continue the sale by giving notice of postponement
or continuance by public declaration at the time and place last appointed for sale. Upon sale, Trustee shall
deliver to the purchaser a Trustee’s Deed conveying the Subject Real Property, but without any covenant
or warranty, expressed or implied.
17. Proceeds of Trustee’s Sale. After deducting all costs, fees and expenses of Trustee and of this trust,
including the cost of evidence of title in connection with the sale and reasonable attorney’s fees, Trustee
shall apply the proceeds of sale to payment of all sums then secured hereby and all other sums due under
the terms hereof, with accrued interest, and the remainder, if any, to the persons legally entitled thereto or
as provided by ARS §33-812 as currently codified or as amended.
18. Defaults on Prior Encumbrances. If there are mortgages upon the Subject Real Property or other
encumbrances which are prior in time or prior in right, then Trustor promises to comply with the terms of
those prior mortgages or encumbrances. If Trustor fails to comply with such terms and defaults on those
mortgages or obligations, such default shall also be considered a default of this Deed of Trust, and Trustee
or Beneficiary herein may advance the monies necessary to remedy such defaults, and, if it does, such
monies shall be added to the Obligation Secured and shall bear the maximum contractual legal rate of
interest from the date monies are tendered unless otherwise specified by Beneficiary at the time of such
payment. Beneficiary may also proceed on this default by exercising the same remedies it has on this Deed
of Trust.
19. Foreclosure and Other Remedies. In lieu of sale pursuant to the power of sale conferred hereby, this
Deed of Trust may be foreclosed in the same manner provided by law for the foreclosure of mortgages on
real property. Beneficiary shall also have all other rights and remedies available hereunder and at law or in
equity. All rights and remedies shall be cumulative.
20. Reinstatement After Default. Notwithstanding Beneficiary’s acceleration of sums secured by this
Deed of Trust, Trustor shall have the right to have any proceedings begun by Beneficiary to enforce this
Deed Trust discontinued and to have the Deed of Trust reinstated at any time before the day of the Trustee’s
Sale or before the filing of a foreclosure action. In order to have the Deed of Trust reinstated after default,
the Trustor must:
a. Pay to Beneficiary the entire amount due under this Deed of Trust and the Obligation Secured,
other than such portion of the principal as would not be due had no default occurred;
b. Cure all defaults or covenants or agreements of Trustor as contained in this Deed of Trust;
c. Pay costs and expenses incurred by Beneficiary and Trustee in enforcing the terms of this Deed
of Trust and pursuing remedies;
d. Pay reasonable attorney’s fees actually incurred by Beneficiary and Trustee
e. Pay the recording fee for any cancellation of notice of sale;
f. Pay the Trustee’s fees, in an amount not to exceed $600 or one half of one per cent of the entire
unpaid principal sum secured, whichever is greater.
Upon reinstatement, this Deed of Trust and the obligation secured hereby shall remain in full force and
effect as if no acceleration had occurred.

Section V Attachments & Forms
21. Landlord’s Consent to Encumbrance. The Subject Real Property is an affordable rental. Trustor
is also a Landlord who will lease the Subject Real Property to income-qualified renters. By the terms of
any Lease the Subject Real Property, Trustor as landlord, hereby consents to the encumbrance against the
Subject Real Property evidenced by this Deed of Trust to secure the debt evidenced by the Obligations
Secured, and that the Trustor/Landlord is subject thereto for all purposes.
22. Assignment of Property Income, Right of Entry and Appointment of Receiver. As additional
security, Trustor hereby gives Beneficiary the right, power and authority, during the continuance of this
Trust, to collect the Property Income, reserving to Trustor the right, prior to any Event of Default by
Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to
collect and retain such Property Income as it becomes due and payable.
Upon any such uncured Event of Default and subject to the interest of the superior lien holders identified
in Exhibit A to the Promissory Note, Beneficiary may at any time, without notice, either in person, by agent
or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the
indebtedness hereby secured, enter upon and take possession of the Property Income; in its own name sue
for or otherwise collect such Property Income, including amounts past due and unpaid; and apply the same,
less costs and expenses of operation and collection, including reasonable attorney’s fees, upon any
indebtedness secured hereby, or as otherwise appropriate to preserve Beneficiary’s security interest and
ensure compliance with the HOME Program, Department Guidance, and Federal Guidance (as those terms
are defined in the Promissory Note); and in such order as Beneficiary may determine.
The entering upon and taking possession of the Property Income, the collection of such Property Income
and the application thereof, shall not cure or waive any default or notice of Trustee’s Sale hereunder or
invalidate any act done pursuant to such notice.
23. Acts of Trustee Affecting Subject Real Property. At any time, without notice, upon written request
of Beneficiary and presentation of this Deed of Trust and the Obligation Secured for endorsement, Trustee
may, without liability, release and re-convey all or any part of the Subject Real Property, consent to the
making and recording, or either, of any map or plat of all or any part of the Subject Real Property; join in
granting any easement thereon; join in or consent to any extension agreement or any agreement
subordinating the lien, encumbrance or charge hereof.
Any such action by Trustee may be taken without affecting the personal liability of any person for payment
of the indebtedness secured hereby, without affecting the security hereof for the full amount secured hereby
on all property remaining subject hereto, and without the necessity that any sum representing the value or
any portion thereof of the property affected by Trustee’s action be credited on the indebtedness.
24. Satisfaction of the Obligation. If Trustee receives full payment of the Obligation Secured in the
amount secured or at the Maturity Date of the Promissory Note, whichever is earlier, at the request of
Trustor, Beneficiary or Trustee shall acknowledge satisfaction of the Deed of Trust by recording and
delivering to Trustor a Satisfaction or Release of Realty Deed of Trust in accordance with A.R.S. § 33-712.
However, the Declaration of Covenants, Conditions and Restrictions recorded against the Subject Real
property shall remain in full force and in effect for the entire duration of its term.
25. Notices. Copies of all notices and communications concerning this Deed of Trust shall be mailed to
the Parties at the addresses specified in this Deed of Trust. Any change of address shall be communicated
to the other Parties in writing. Any documents which may adversely affect the rights of any party to this
Deed of Trust shall be dispatched by Certified Mail, Return Receipt Requested.

Section V Attachments & Forms
26. Headings. The marginal or topical headings of the provisions herein are for convenience only and do
not define, limit or construe the contents of these provisions.
27. Interpretation. In this Deed of Trust, whenever the context so requires, masculine gender includes
the feminine and neuter, and the singular includes the plural and vice versa.
28. Applicable Law. This Deed of Trust shall be subject to and governed by the laws of the State of
Arizona, in particular the provisions of ARS Title 33, Chapter 6.1, regardless of the fact that one or more
Parties now is or may become a resident of a different state.
29. Non waiver. The failure of the Beneficiary at any time to require performance of any provision or to
resort to any remedy provided under this Agreement, or the Beneficiary’s agreement to provide
accommodation outside the terms of this Agreement, shall in no way affect the right of the Beneficiary to
require contract performance or to resort to a remedy at any time, or to refuse to make accommodation
thereafter, nor shall the waiver by any party of a breach be deemed to be a waiver of any subsequent breach.
A waiver shall not be effective unless it is in writing and signed by the party against whom the waiver is
being enforced. No course of dealing or any failure to exercise, nor any delay in exercising any right, power
or privilege hereunder shall operate as a waiver thereof.
30. Succession of Benefits. The provisions of this Deed of Trust shall inure to the benefit of and be binding
upon the Parties hereto, their heirs, personal representatives, conservators and permitted assigns.
31. Successor Trustee. Beneficiary may appoint a Successor Trustee in the manner prescribed by law. A
Successor Trustee herein shall, without conveyance from the predecessor Trustee, succeed to all the
predecessor’s title, estate, rights, powers and duties. Trustee may resign by mailing or delivering notice
thereof to Beneficiary and Trustor.
32. Entire Agreement. The terms of this Deed of Trust, the Obligations Secured and attached Exhibit A
executed this date constitute the entire agreement among the Parties and the Parties represent that there are
no collateral or side agreements not otherwise provided for within the terms of this Deed of Trust.
33. Time of Essence. Time is of the essence in this Deed of Trust and every term, condition, covenant and
provision hereof.
34. Modification. No modification of this Deed of Trust shall be binding unless evidenced by an
agreement in writing and signed by all Parties.
35. Partial Invalidity. If any provision of this Deed of Trust is held to be invalid or unenforceable all the
remaining provisions shall nevertheless continue in full force and effect.
36. Encumbrances. In the event all of any part of the Subject Real Property or any interest in it is sold,
conveyed or encumbered without the prior written consent of the Beneficiary, such consent not to be
unreasonably withheld, all obligations secured by this Deed of Trust shall become due and payable
immediately upon notice to the Trustee by the Beneficiary.
[SIGNATURES APPEAR ON FOLLOWING PAGES]

Section V Attachments & Forms
TRUSTOR/BORROWER:
By: XXXX
_____________________________
XXXX, Chief Executive Officer
STATE OF ARIZONA )
) ss.
County of Maricopa )
The foregoing Deed of Trust was acknowledged before me this _____ day of ,
20___, by XXXX, Chief Executive Officer of XXXX.
Notary Public
My commission expires:

Section V Attachments & Forms
BENEFICIARY
By:_____________________________________
Title:
STATE OF ARIZONA )
)ss.
County of Maricopa )
The foregoing instrument was acknowledged before me this _____ day of ,
2016 by .
(Name and Title)
Notary Public
Do not destroy this Deed of Trust or the note that it secures. Both must be delivered to the Trustee for
cancellation before release and conveyance will be made.
APPROVED AS TO FORM:
____________________________________
Deputy County Attorney

Section V Attachments & Forms
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MARICOPA,
STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS:
______________________________________________________________________________
Requested By:
When Recorded Return to:

Section V Attachments & Forms
EXHIBIT B: DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
WHEN RECORDED, RETURN TO
Maricopa County
Attn: Human Services Department
234 N. Central Ave., 3RD Floor
Phoenix, AZ 85004
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
HOME Investment Partnerships Program
Effective this _____ day of ___________, 2018, [A.R.M. of Save the Family, whose local address is 125
E. University Dr., Mesa, AZ 85201 (the “Declarant”) hereby agrees to bind themselves, their successors
and assigns and the Project in accordance with this Declaration of Covenants, Conditions, and Restrictions
(“the Declaration”), for the benefit of the Maricopa County by and through the Human Services
Department, an agency of the Maricopa County, (collectively “County”) together with any successor and/or
assignees to its rights, duties and obligations.
RECITALS
A. The County has been authorized pursuant to Arizona Revised Statutes §11-251 et seq. to, among other
things, facilitate development of affordable housing in Arizona by providing funding for property
development through loans and grants.
B. The Project that is the subject of this Declaration is more fully described in Attachment 1, below.
C. The Declarant applied to the County for funding for the Project; and the County relied on the
representations made in the Declarants’ application for funding including any documents, materials, reports,
appraisals or studies, provided by Declarant in support of the application for funding.
D. As consideration, in part, for funding awarded to the Declarant by the County, the Declarant agrees to
bind the Project and otherwise abide by the covenants, restrictions, duties and obligations set forth in this
Declaration.
E. Among other things, this Declaration describes use restrictions on the Project necessary to comply with
the specific program requirements for the source of funding provided by the County to the Project, including
without limitation the HOME Program and other funding programs administered by the County.
F. The Declarant agrees that execution and recordation of this Declaration is a material condition to the
County’s agreement to provide funding to the Project and that the use of the Project shall be restricted for
the term of this Declaration.

AGREEMENT
NOW, THEREFORE, the Declarant, under the terms of this Declaration, intend, declare, acknowledge,
and covenant for themselves, their successors and assigns that the warranties, covenants, obligations, and
duties set forth herein, are covenants running with the Project for the term stated herein and as follows:
1. Incorporation. The above recitals are incorporated herein and are part of this Declaration.
2. Definitions. The capitalized terms used in this Declaration shall be understood as follows:
“Affordability Period” means the term of this Declaration which shall begin on the date that the
Project receives a Certificate of Occupancy and terminate 15 years from the date the Completion Report
is entered into HUD’s Integrated Disbursement and Information System (IDIS) by the County.
“Adjusted Income”, “Annual Income”, “Monthly Adjusted Income”, “Monthly Income” mean the
income amounts as determined by the County in accordance with the definitions of these terms in 24
CFR 5, subpart F.
“County” or “Beneficiary” means the Maricopa County by and through the Human Services
Department as the context requires.
“County Guidance” means guidance provided from time to time by the County relevant to
multifamily rental development programs that it administers.
“Date of Completion” means the date upon which the project is certified for occupancy, regardless
of whether the units are occupied.
“Fair Market Rent” means the fair market rent determined from time to time by HUD for existing
housing for comparable units in the area in accordance with 24 CFR 888.111.
“Funding Agreement” means the agreement dated May 18, 2016, executed by and between the
Declarant and the County that sets forth the terms and conditions of the County’s funding of the Project.
“HOME Program” means the HOME Investment Partnerships Program administered by the U.S.
Department of Housing and Urban Development (“HUD”). The HOME Program is authorized under
Title II of the Cranston-Gonzalez National Affordable Housing Act, as amended, which is codified at
42 U.S.C. § 211 et seq., along with the implementing regulations at 24 CFR 92 and described by other
relevant federal guidance.
“Loan Documents” means the Promissory Note, Deed of Trust, and other documents executed by
the Declarants in favor of the County for the purpose of memorializing and securing loans or grants of
financial assistance by the County for the Project.
“Low-Income Households” means families whose annual incomes do not exceed 60 percent of the
median income for the area, as determined by HUD.
“Project” means the project real property, including all buildings, improvements, and fixtures
thereto, that are under common ownership and control of the Declarants, located within Maricopa
County and commonly known as A.R.M. of Save the Family.
“County Housing Funds” means funds made available by the County through either the HOME
Program through allocations and reallocations, plus all matching funds, repayments and interest or other
return on the investment of these funds.
“Utility Allowance” means the monthly utility allowance authorized by the County in accordance
with applicable program requirements for use in determining the maximum amount of rent allowable
on a County HOME assisted Unit.

“Very Low-Income Household” means households whose annual incomes do not exceed 50 percent
of the median household income for the area, as determined by HUD with adjustments for smaller and
larger households, except that HUD may establish income ceilings higher or lower than 50 percent of
the median for the area on the basis of HUD findings that such variations are necessary because of
prevailing levels of construction costs or fair market rents, or unusually high or low family incomes.
3. Use Restrictions. The Declarants covenant that for the term of this Declaration, the Project shall be
used as a multifamily rental as follows:
a) Program Requirements. The Project shall comply with all applicable program requirements during
the term of this Declaration.
i) All HOME Program requirements apply to Projects financed with HOME Program funds.
Other applicable federal requirements are identified in the Funding Agreement.
ii) HOME Program requirements specifically identified in this Declaration and the Funding
Agreement also apply to Projects financed solely with nonfederal funds.
iii) Conflict. In the event that rules and regulations of multiple funding programs including
the Low Income Housing Tax Credit program described by 24 U.S.C. § 42 apply, the Project must
comply with the strictest of the applicable rules and regulations.
b) Affordability Restrictions. The income and rent restrictions described in Attachment 3 shall apply
to all County HOME assisted units. During the Affordability Period Declarants will maintain the
County HOME assisted units as rental housing and rent or hold available for rental each County
HOME assisted unit on a continuous basis.
c) Uniform Physical Condition Standards (UPCS). During the Affordability Period, the Declarants
must maintain the project suitable for occupancy; and, in decent, safe, and sanitary condition and
good repair in accordance with the applicable health, safety, and building codes and federal
physical conditions standards described in 24 CFR 92.251 or such other physical conditions
standards as may be adopted by HUD from time to time. Physical condition standards apply to the
entire Project rather than solely to the County HOME assisted units.
4. Tenants’ Rights. The Declarants shall abide by the following requirements when renting any County
HOME assisted unit:
a) Lease. Tenant leases shall be in writing, signed by the Declarants or the Declarant’s agent and the
tenant, and for a term of not less than twelve (12) months or for such other term by written mutual
agreement between the tenant and the Declarants.
b) Prohibited Residential Lease Terms. The following terms and provisions are prohibited in any
lease or agreement for a County HOME assisted unit:
i) Agreement to be sued. Agreement by the tenant to be sued, to admit guilt, or to a judgment
in favor of the Declarants in a lawsuit brought in connection with the lease;
ii) Treatment of the Tenant personal property. Agreement by the tenant that the Declarants
may take, hold, or sell personal property of household members without notice to the tenant and a
court decision on the rights of the parties. This prohibition, however, does not apply to an
agreement by the tenant concerning disposition of personal property remaining in the housing unit
after the tenant has moved out of the unit. The Declarants may dispose of this personal property in
accordance with Arizona law;
iii) Excusing Declarants from Responsibility. Agreement by the tenant not to hold the
Declarants or the Declarants’ agents legally responsible for any action or failure to act, whether
intentional or negligent;

iv) Waiver of Notice. Agreement of the tenant that the Declarants may institute a lawsuit
without notice to the tenant;
v) Waiver of Legal Proceedings. Agreement by the tenant that the Declarants may evict the
tenant or household members without instituting a civil court proceeding in which the tenant has
the opportunity to present a defense, or before a court decision on the rights of the parties;
vi) Waiver of a Jury Trial. Agreement by the tenant to waive any right to a trial by jury;
vii) Waiver of right to appeal court decision. Agreement by the tenant to waive the tenant's
right to appeal, or to otherwise challenge in court, a court decision in connection with the lease;
and
viii) Tenant Chargeable With Cost of Legal Actions Regardless of Outcome. Agreement by
the tenant to pay attorney's fees or other legal costs even if the tenant wins a court proceeding by
the Declarants against the tenant. The tenant, however, may be obligated to pay costs if the tenant
loses.
c) Termination of Tenancy: Declarants may not terminate the tenancy or refuse to renew the lease of
a tenant of a County HOME assisted unit as specified herein except for: serious or repeated
violation of the terms and conditions of the lease; for violation of applicable federal, state, or local
law; or for other good cause. Any termination or refusal to renew must be preceded by the
Declarants' service upon the tenant of a written notice specifying the grounds for the action, which
notice must be delivered to the tenant at least 30 days before the termination or refusal to renew is
to be effective. Declarants may immediately terminate a lease in accordance with A.R.S. § 1368
(2) unless the Project is funded with HOME Program funds and applicable HOME Program
regulations prohibit immediate termination of the lease.
d) The form of lease for any County HOME assisted unit in the Project shall provide for immediate
termination of the lease and eviction in accordance with Arizona Revised Statues for failure to meet
tenant income limits as a result of any material misrepresentation made by the tenant or prospective
tenant with respect to the income certification, or any material misrepresentation made in
conjunction with execution of the lease or the failure by such tenant to execute an income
certification at least annually.
e) Residential rental units in the Project will be rented or available for rental to the public on a
continuous basis and no tenant shall be evicted without cause.
f) No prospective tenant shall be denied occupancy solely because the person holds a Section 8
voucher or certificate.
5. Tenant Selection. The Declarants must adopt written tenant selection policies and criteria for County
HOME assisted units that:
a) are consistent with the purpose of providing housing for very low-income and low-income families;
b) are reasonably related to program eligibility and the applicant's ability to perform the obligations
of the lease;
c) provide for the selection of tenants from a written waiting list in the chronological order of their
application, insofar as is practical; and
d) provide for the prompt written notification to any rejected applicant of the grounds for any
rejection; and,
e) provide affirmative fair housing marketing procedures as described in Exhibit F, Attachment 1 to
this Declaration.
6. Term of Declaration

a) The Affordability Period and this Declaration shall terminate 15 years from the date the HOME
Completion Report is entered into HUD’s Integrated Disbursement and Information System (IDIS)
for each property.
b) The warranties, covenants, obligations, and duties described in this Declaration shall commence on
the date of execution of this Declaration and shall continue in effect during the full term of this
Declaration.
c) In the event of transfer of the Project as the result of a judicial foreclosure, trustee’s sale, or by deed
in lieu of foreclosure to the holder of a legal interest in the Project that is senior in time or right to
the County, the warranties, covenants, obligations, and duties described in this Declaration shall
terminate.
7. Monitoring and Enforcement. County shall conduct periodic monitoring and review of the Project for
the purpose of determining compliance with applicable program requirements and this Declaration.
Monitoring and review includes on-site inspections and review of documents supplied to the County
by the Declarants or others on behalf of the Declarants or the Project.
a) Entry and Inspection. The Declarants shall permit, during normal business hours and upon
reasonable notice, any duly authorized representative of the County to conduct on-site inspections
of the Project land and improvements and to inspect any facility, document book, and record of the
Declarants relating to the Project.
b) Certifications. By March 15th of each year, the Declarants will submit such certifications as may
be identified in the Funding Agreement, in County Guidance, or otherwise required by the County.
c) Books and Records. The Declarants shall keep and maintain at the Project all documents, books,
and records required by the Funding Agreement, applicable program requirements, and County
Guidance.
d) Information. The Declarants shall submit any other information, documents or certifications that
the County shall deem reasonably necessary.
8. Breach. The Declarants covenant and agree to inform the County by written notice of any breach of
the Declarants' obligations hereunder within five (5) business days of first discovering any such breach.
Violations shall be cured within the deadlines described in paragraph 9, below. If any such breach is
not corrected to the satisfaction of the County within the cure period, the County may, without further
notice, declare a default under this Declaration, and the County may apply to any court, state or federal,
for any of the remedies described in paragraph 9 of this Declaration.
9. Remedies. Subject to the written requirements of the Deed of Trust of even date with this Declaration,
and an agreement between a Lender and the County, if any, in the event that Declarants breach any
warranty, covenant, obligation, or duty set forth in this Declaration, and if such breach remains uncured
for a period of sixty (60) calendar days after notice thereof by the County, the County shall be entitled
to any or all of the remedies described below:
a) If the County determines that the Declarants have taken and diligently, continually, and in good
faith continues corrective action and that the breach cannot be corrected within the 60-day cure
period, the County may, in its sole discretion, allow the Declarants such additional time as may be
reasonably necessary to cure the breach;
b) In the event of an uncured breach the County may:
i) demand return of all funds provided by the County to the project, plus interest at the default
rate described in the Loan Documents, and/or an amount attributable to the increase in equity in
the Project attributable to the infusion of any County Housing Funds for any purpose; resort to any
court having jurisdiction of the subject matter for specific performance of this Declaration, for an

injunction against any violation of this Declaration, for an accounting, for the appointment of a
receiver to take over and operate the Project in accordance with the terms of this Declaration, the
Loan Documents, and program requirements, or for initiation of foreclosure proceedings; or such
other relief as may be appropriate, it being acknowledged by Declarants that the beneficiaries of
Declarants' obligations hereunder cannot be adequately compensated by monetary damages in the
event of Declarants' breach of this Declaration, because the beneficiaries include the low-income
families to be benefited by the funds invested by the County to the Project.
ii) The County shall be entitled to reimbursement of reasonable attorneys' fees and all costs
incurred in any judicial action in which the County shall prevail.
iii) The County may require reasonable assurances of security for repayments required
pursuant to this section in the form of a guaranty or appropriate amendments, revisions, or additions
to the Loan Documents, or in the event that there are no Loan Documents by execution and
recording of a deed of trust in a form satisfactory to the County as Beneficiary.
c) The Declarants and the County each acknowledge that the primary purpose for requiring
compliance by the Declarants with the restrictions provided in this Declaration are to assure
compliance of the Project and the Declarants with the program requirements, AND BY REASON
THEREOF, THE DECLARANT IN CONSIDERATION FOR RECEIVING COUNTY
HOUSING FUNDS FOR THIS PROJECT HEREBY AGREE AND CONSENT THAT THE
COUNTY AND THE LOW-INCOME TENANT(S) (WHETHER PROSPECTIVE, PRESENT
OR FORMER OCCUPANTS OF THE PROJECT) (OR EITHER OR ALL OF THEM) SHALL
BE ENTITLED, FOR ANY BREACH OF THE PROVISIONS HEREOF, AND IN ADDITION
TO ALL OTHER REMEDIES PROVIDED BY LAW OR IN EQUITY, TO ENFORCE SPECIFIC
PERFORMANCE BY THE DECLARANT OF ITS OBLIGATIONS UNDER THIS
DECLARATION IN ANY ARIZONA STATE COURT OF COMPETENT JURISDICTION, the
Declarants hereby further specifically acknowledging that the beneficiaries of the Declarants'
obligations hereunder cannot be adequately compensated by monetary damages in the event of any
default hereunder.
10. Representations, Covenants and Warranties of Declarants. The Declarants hereby warrant and
covenant that the warranties, covenants, and declaration of obligations and duties set forth herein may
be relied upon by the County and all persons interested in Project compliance under the program
requirements. In performing its duties and obligations hereunder, the County may rely upon statements
and certificates of the Declarants pertaining to occupancy of the Project. In addition, the County may
consult with counsel, and the authorization and protection in respect of any action taken or suffered by
the County hereunder in good faith and in conformity with the opinion of such counsel shall be
applicable to the County's reliance upon such opinion of counsel. The Declarants further represent,
covenant and warrant to the County that:
a) The Declarant is: A.R.M. of Save the Family Foundation and its parent and/or affiliates.
i) Is a non-profit entity duly organized under the laws of the State of Arizona, and qualified
to transact business within the State of Arizona pursuant to either Title 10 or Title 29, Arizona
Revised Statutes;
ii) has the power and requisite authority to own its properties and assets as owned, where
owned, and to carry on its business as now being conducted (and as now contemplated) by this
Declaration and the Loan Documents; and
iii) has the full legal right, power, and authority to execute and deliver this Declaration and
b) The execution and performance of this Declaration and the Loan Documents by the Declarant:

i) will not violate or, if applicable, have not violated any provision of law, rule or regulation,
or any order of any court or other governmental agency;
ii) will not violate or, if applicable, have not violated any provision of any indenture,
declaration, mortgage, mortgage note or other instrument to which the Declarants are a party or by
which it or the Project is bound;
iii) will not result in the creation or imposition of any prohibited lien, charge or encumbrance
of any nature.
c) The Declarant will, at the time of execution and delivery of this Declaration, have good and
marketable title to the real property and improvements constituting the Project free and clear of any
lien or encumbrance (subject to the Permitted Encumbrances identified in the Loan Documents).
d) There is presently no action, suit or proceeding at law or in equity or by or before any governmental
instrumentality or other agency now pending, or, to the knowledge of the Declarants, threatened
against or affecting it, or any of its properties or rights, which, if adversely determined, would
materially impair the Declarants' rights to carry on business substantially as now conducted (and
as now contemplated) by this Declaration and the Loan Documents or which would materially,
adversely affect its financial condition. Neither the Declarant, nor their principals, shareholders,
managers, members nor general partners, as the case may be, have any judgment entered against
them which would, when recorded, constitute a lien against or otherwise impair the security of the
Project.
e) No actions will be taken by the Declarant which will in any way adversely affect the use of the
Project.
f) To the extent that the Project involves rehabilitation of existing residential rental units, relocation
of tenants complies with all the requirements of the Uniform Relocation Act.
g) The Project is in full compliance with the requirements of the Fair Housing Act Design Standards.
h) Declarant has read and is familiar with the applicable provisions of the HOME Program and
relevant federal guidance and County Guidance that describe the obligations and duties of the
Declarant to acquire and/or rehabilitate, operate, and maintain the Project.
i) Release and Indemnification. The Declarant warrants, covenants and agrees that they have not
relied upon or sought any information from the County, its successors and/or assigns, its agents,
counsel or employees in conjunction with the application for, or award of funding for the Project.
In conjunction with the each Declarant’s application for funding through the County, the Declarant
acknowledges and agrees for itself and on behalf of any of its partners, limited partners, special
limited partners, members, special members or any other constituent entity of the Declarant, and
the Declarant’s successors and assigns that it shall hereby release the County, its agents, counsel
and employees from any claim, loss, demand or judgment as a result of the provision of funding of
the Project or the recapture of such funding by HUD, including any interest and penalties thereon;
and the Declarant hereby further agrees for itself, and on behalf of any of its partners, limited
partners, special limited partners, members, special members or any other constituent entity of
Declarant, and its successors and assigns to indemnify the County, its agents, counsel and
employees from any claim, loss, demand or judgment, to include reasonable attorney's fees in the
event of the decision of HUD to recapture of funds provided by the County. Furthermore,
Declarant, and its successors and assigns to indemnify the County, its agents, counsel and
employees from any claim, loss, demand or judgment, to include reasonable attorney's fees as a
result of or arising out the ownership, operation, management or any other activities undertaken
pursuant to this Declaration.
11. Declarants’ Obligations and Duties

a) Each Declarant agrees that it will not knowingly take or permit to be taken any action which would
have the effect, either directly or indirectly, of subjecting the Declarant or the Project to non-
compliance with program requirements. Moreover, each Declarant agrees to take any lawful action
(including amendment of this Declaration as may be necessary in the opinion of the County) to
comply fully with pertinent law and with all applicable rules, rulings, policies, procedures,
regulations or other official statements promulgated or proposed by HUD from time to time
pertaining to each Declarant's obligations under the program regulations.
b) Each Declarant agrees that it will not cause or acquiesce in its voluntary or involuntary dissolution
or otherwise fail to correct within 90 days after legal notice thereof, any breach of, violation of, or
practice that is materially inconsistent with laws of the State of Arizona or other jurisdiction in
which Declarant is organized relating to the regulation and formation of business entities, or the
Declarant’s Articles, Bylaws, or other such writing setting forth the formalities and requirements
of each Declarant’s form of organization.
c) Each Declarant agrees not to discriminate on the basis of race, creed, color, sex, age, handicap,
marital status, or national origin in the leases for occupancy of the Project or in conjunction with
the employment or application for employment of any person or persons for the operation and
management of said Project, except as provided in Attachment 3.
d) Religious Organizations. During the Affordability Period, the Project will not be provided for
rental or use to any primarily religious organizations, such as churches, for any activity including
secular activities. The Project must be used exclusively by the Declarant’s entity for secular
purposes, available to all persons regardless of religious affiliation. In particular, there must be no
religious or membership criteria for tenants of the Project.
e) Affirmative Marketing. During the Affordability Period specified herein, each Declarant shall
comply with the Affirmative Marketing Procedures more fully described in Attachment 4.
f) As a condition of occupancy, the Declarant shall require each applicant for tenancy of a County
HOME assisted unit to certify in writing to the County that the person’s sources and amount of
income declared for the purposes of program eligibility are true and correct. Existing tenants of
County HOME assisted units shall be required to certify the same to the County annually. In
addition, the Declarants shall require each applicant for tenancy to provide whatever other
information, documentation, or certifications deemed necessary by the County to verify the tenant’s
eligibility for occupancy of a County HOME assisted unit.
g) During the term of this Declaration, each Declarant shall comply with all federal, state and local
laws, codes, ordinances, rules and regulations, conditions, and assurances, and shall keep and
maintain in effect at all times any and all licenses, permits, notices, and certifications which may
be required with regard to the Project. Furthermore, each Declarant shall abide by all requirements
of its respective corporate form, its articles of organization and bylaws, and remain at all times in
good standing with the agencies having regulatory jurisdiction over it.
h) Each Declarant agrees that if it shall become aware of any situation, event or condition which would
result in noncompliance of the Project or the Declarant’s compliance with this Declaration or
program requirements, then the Declarant shall promptly give written notice thereof to the County.
i) Project Records
i) Each Declarant shall keep and maintain the Project Records described in 24 CFR
92.508(a)(3) and (7)(i)(A) (equal opportunity and fair housing records) and (7)(ii)(A)(affirmative
marketing process records). If the Declarant received funds as a Community Housing Development
Organization, then each Declarant shall also keep and maintain the CHDO Records described in 24
CFR 92.508 (a)(4).

ii) Period of Record Retention: All records described in subparagraph (i) above plus all
pertinent documents, books, papers, accounts, reports, files, tenant lists, applications, leases,
waiting lists, income examinations, and other records relating to the project specified in this
Declaration or the Funding Agreement shall be retained for five years the end of the affordability
period. Notwithstanding the foregoing, if any litigation, claim, negotiation, audit, or other action
has been started before the expiration of the Affordability Period, the records must be retained for
five years following completion of the action and resolution of all issues which arise from it, or for
five years following the end Affordability Period, whichever is later.
j) Inspection and/or Audit of Records: Declarants shall make available at all reasonable times, for
inspection, transcription, excerpting, examination, copying, and audit by the County, the State
Auditor General, HUD, the Comptroller General of the United States, or any of their representatives
and designees, all pertinent books, documents, papers, accounts, reports, files, tenant lists,
applications, leases, waiting lists, income examinations, and other records (hereinafter referred to
as "Records") relating to the project specified herein. Upon request by such inspecting or auditing
entity, a legible copy of all such Records shall be produced by the Declarants at the specified office
of, the County, the State Auditor General, or at any other reasonable location. The original of all
such Records shall also be available and produced for inspection, copying, and audit when needed
to verify the authenticity of a copy.
k) The Declarants shall not demolish any portion of the Project or substantially subtract from any real or
personal property comprising the Project; or permit the use of any residential rental unit for any purpose
other than rental housing during the term of this Declaration.
l) The Declarants shall not grant commercial leases or licenses relating to the Project (other than
commercial leases with respect to insubstantial portions of the Project on a square footage basis) or
permit the sale, transfer, conveyance or other encumbrance of the Project or any portion thereof (except
for leases of County HOME assisted units) during the effective term of this Declaration, provided that
this Declaration shall not apply to any encumbrance, conveyance or transfer in conjunction with a sale,
transfer or other conveyance of the Project that complies with the requirements of the Loan Documents
and this Declaration.
12. Casualty, Condemnation, and Eminent Domain. Subject to the written requirements of the Deed of
Trust of even date with this Declaration, and an agreement between a Lender and the County, if any,
the each Declarant represents, warrants and agrees that if the Project, or any portion thereof, shall be
damaged or destroyed or shall be condemned or acquired for public use, that the proceeds of any such
condemnation or acquisition shall be assigned in full and paid to the County as required by the Loan
Documents, who shall cause such proceeds to be used to repair and restore same to substantially the
same condition as existed prior to the event causing such damage or destruction, or to relieve the
condemnation, and thereafter operate the Project in accordance with the terms of the Loan Documents
and this Declaration. Provided, however, that if repair or restoration of the Project is not practicable,
the Declarants shall not be obligated to repair or restore the Project, and an award of damages under
this paragraph up to the amount of the unpaid principal and accrued interest of the Obligation Secured
described in the Loan Documents may be retained by the County and any remaining balance shall be
paid to Declarants. The County shall be a party to any agreement relating to the use of condemnation
proceeds or insurance proceeds from damage to the Project to repair and restore the Project. The
County may, at the County’s option, appeal from any such award in the name of Declarants.
13. Covenants Run with the Land; Successors Bound Thereby
a) Upon execution and delivery by the Declarants, each Declarant shall cause this Declaration and all
amendments and exhibits hereto to be recorded and filed in the official records of the county
recorder's office in the county in which this Project is located and, if applicable, with the recording
office of the appropriate Indian tribe if the Project is located on tribal land, and pay all fees and

charges incurred in conjunction with recording of this Declaration and all addenda or amendments
thereto. Upon recording, each Declarant shall immediately transmit or cause to be sent directly
from the recorder's office to the County an executed original of the recorded Declaration showing
the date, book and page number of recording. Where pertinent, the County may require Declarants
to furnish a condition of title report for the Project prior to or after recordation of this Declaration.
b) Each Declarant intends, declares and covenants, on behalf of itself and all future Declarants and
operators of the Project and land upon which the Project is constructed that, during the term of this
Declaration, all of the covenants and restrictions set forth in this Declaration regulating and
restricting the use, occupancy and transfer of the Project: (i) shall be and are covenants running
with the Project, encumbering the Project and land upon which the Project sits for the term of this
Declaration, and are binding upon the Declarants' successors in title and all subsequent Declarants
and operators of the Project and the land upon which the Project sits; (ii) are not merely personal
covenants of each Declarant; and, (iii) shall bind each Declarant (and the benefits shall inure to the
County and any past, present, or prospective tenant of a County HOME assisted unit) and its and
their respective successors and assigns during the term of this Declaration.
c) Each Declarant hereby agrees that any and all requirements of the laws of the State of Arizona to
be satisfied in order for the provisions of this Declaration to constitute deed restrictions and
covenants running with the land shall be deemed to be satisfied in full, and that any requirements
or privileges of estate or title are intended to be satisfied hereby, or in the alternative, that an
equitable servitude has been created to ensure that these restrictions will run with the land. For
the longer of the period this credit is claimed or the term of this Declaration, each and every
contract, deed or other instrument hereinafter executed conveying the Project or any portion thereof
shall expressly provide that such conveyance is subject to this Declaration, provided, however, that
the covenants contained herein shall survive and be effective regardless of whether such contract,
deed, or other instrument hereafter executed conveying the Project or any portion thereof provides
that such conveyance is subject to this Declaration.
d) Each Declarant further covenants and agrees to obtain the consent of any prior recorded lien holder
on the Project to this Declaration and the recording thereof, and such consent shall be a condition
precedent to the execution of this Declaration.
14. Subordination. Except for the Permitted Encumbrances identified in the Loan Documents or an Inter -
creditor and Subordination Agreement or similar agreement executed by and between the County and
a Lender, each Declarant warrants that it has not and will not execute any other agreement, lien or
security interest, or otherwise become a party to such an agreement, lien or security interest with
provisions contradictory to, or in opposition to, the provisions of this Declaration, and that in any event,
the requirements of this Declaration are paramount and controlling as to the rights and obligations
herein set forth and supersede the requirements and conflicts contained in any other agreement. In the
event of a conflict between the provisions of this Declaration and the Loan Documents, the provisions
of the Loan Documents shall control.
15. Effect of Other Restrictive Covenants. In the event that the Project is subject to declarations of
restrictive covenants relating to other governmental sources of funding, then the more restrictive
requirements shall apply. Upon the expiration or termination of any such declaration during the term
of this Declaration, the Affordability Period and other requirements of this Declaration shall continue
to apply to any County HOME assisted unit.
16. Amendment. This Declaration may be amended with the prior written approval of the County to correct
factual errors contained herein or to reflect changes in pertinent law, and program requirements. No
amendment to this Declaration may be made without the prior written approval of the County. Each
Declarant hereby expressly agrees to enter into all amendments hereto which, in the opinion of the

County's legal counsel, are reasonably necessary or desirable to correct factual errors or for maintaining
compliance with program requirements.
17. Severability. The invalidity of any clause, part or provision of this Declaration shall not affect the
validity of the remaining portions thereof.
18. Notices. All notices to be given pursuant to this Declaration shall be in writing and shall be deemed
given when mailed by certified or registered mail, return receipt requested, to the parties hereto at the
addresses set forth below, or to such other place as a party may from time to time designate in writing.
To the County: Rachel Milne, Assistant Director
Maricopa County Human Services Dept.
234 N. Central Ave. Ste. 300
Phoenix, AZ 85004
Attention: Community Development Assistant Director
To the Declarant: Jacki Taylor,:
A.R.M. of Save the Family
125 E. University
Mesa, AZ 85201
The County, and the Declarant, may, by notice given hereunder, designate any further or different addresses
to which subsequent notices; certificates or other communications shall be sent.
20. Governing Law. This Declaration shall be governed by the laws of the State of Arizona and, where
applicable, the laws of the United States of America. In accordance with Arizona law, the County and
State of Arizona may cancel this Declaration without penalty or further obligation under the provisions
of A.R.S. § 38-511. The parties further agree to use arbitration to the extent required by A.R.S. § 12-
1518.
21. Venue. The Declarant consent to venue in the Arizona Superior Court for Maricopa County for any
legal action arising under this Declaration.
22. Survival of Obligations. The obligations of the Declarants as set forth herein and in the Application
shall survive the disbursement of the funding that is the subject of this Declaration, which shall not be
deemed to terminate or merge with the distribution of funds or termination of the Funding Agreement.
Notwithstanding termination of the Funding Agreement pursuant to the terms thereof or otherwise, the
program requirements identified in the Funding Agreement that are applicable during the period of
operation of the Project shall be enforceable through this Declaration.
23. [Rider Language if any]