PAB-0006 SUPPORT-APP_OWNERSHIP_APPCHKLST_LENDER.PDF

APPLICATION
PROOF OF OWNERSHIP
APPLICATION RESPONSE CHECKLIST
LENDER APPROVAL

iviar copa county uepartment or i ransportation
Engineering Division
2901 West Durango Street • Phoenix, AZ 85009
Phone: (602) 506-8609 • Fax: (602) 506-4009
PATENT EASEMENT ABAN_PONMENT • APPLICATION
Applicant Name: Douglas MacBeth Tracking NO: j.:1)1:L
5915 E. Morning Vista Lane
Mailing Address:
City Cave Creek STATE: AZ ZIP: 85331
Telephone: (602) 762-0426
dtmacbeth@gmail.corn
Email: Fax No:
PARCEL DETAIL
211-44-031A
Assessor's Parcel Number:
1. Location of Request: (ex: 3200 W. Dove Valley Road, Phoenix)
5915 E. Morning Vista Lane, Cave Creek AZ. 85331
2. Description of Request: (ex: Abandon Easement bordering the south side of parcel 123-45-067A)
Abandon easement bordering the west side of parcel 211-44-031A
3. Applicant is to be the current owner of the described property. A copy of your property deed must
be attached to the application.
4. If you have a mortgage, deed of trust, upon your property you are • to provide a letter from the
lender approving your request to abandon a patent easement. Applications submitted without lender approval will
not be processed.
5. If you don't have a mortgage or deed of trust on the subject property, you will need to sign, before a notary, the
affidavit below attesting to that status.
attest that I own the subject property and that it is not encumbered by
mortgage or deed of trust.
SUBSCRIBED AND SWORN to before me this My Commission Expires:
day of , 20
NOTARY PUBLIC
SIGNATURE
0 1 — 0 1-1 Z o
e of Applicant' Date
NOTE: The aoplication fee is NOT refundable.
THIS PORTION TO BE COMPLETED BY MCOOT
Received By:
Total Received: 1E160 *'
Application Fee: $1,600.00*
Check #: j2.. 14 Date:
Make check payable to: MCDOT
2901 West Durango Street
Phoenix, AZ 85009
* Application Fee will be $1,350 ($1,600 less $250) if Initial Determination letter is provided; demonstratina an initial review of the parcel was

20:Document
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RECORDATION REQUESTED BY;
BMO HARRIS BANK N.A.
111 W. MONROE STREET
P. O. BOX 756
CHICAGO, IL 60690
WHEN RECORDED MAIL Tfa;
R U Le' ing t OAratioas
"X '0
CHI NSitiscktki\ICE
505 E. NORTH AVENUE
CAROL STREAM/ IL 6018F
H FOR RECORDER'S USE ONLY
DEED OF TRUST
MAXIMUM UEN. The lien of this Deed of Trust shall not exceed at any one time $211,721.39.
THIS DEED OF TRUST is dated August 14, 2013, among DOUGLAS T. MACBETH AND TONYA K. MACBETH,
AS JOINT TENANTS ("Trustor"); BMO HARRIS BANK N.A., chartered under the laws of the United States of
America, whose address is 111 W. MONROE STREET, P. O. BOX 765, CHICAGO, IL 60690 (referred to below
sometimes as "Lender" and sometimes as "Beneficiary'); and BMO HARRIS BANK NA., organized or
registered in the United States of America under the laws of the State of Illinois, whose address is 111 W.
MONROE MEET P.O. BOX 755, CHICAGO, IL 60690 (referred to below as "Trustee").
CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee In trust, with power of
sale, for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following
described real property, together with all existing or subsequently erected or affixed buildings, improvements
and fixtures; all easements, rights of way, and appurtenances; all water and water rights flowing through,
belonging or in anyway appertaining to the Real Property, and all of Trustor's water rights that are personal
property under Arizona law, including without limitation all type 2 nonirrigation grandfathered rights (if
applicable), all irrigation rights, all ditch rights, rights to irrigation district stock, all contracts for effluent, all
contracts for Central Arizona Project water, and all other contractual rights to water, and together with all
rights (but none of the duties) of Trustor as declarant under any presently recorded declaration of covenants,
conditions and restrictions affecting real property; and all other rights, royalties, and profits relating to the real
property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property")
located in Madcopa County, State of Arizona:
THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 5 NORTH, RANGE 4 EAST OF
THE GILLS AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA; EXCEPT ALL COAL,
OIL, GAS AND OTHER MINERAL DEPOSITS AS RESERVED IN THE PATENT, EXCEPT AN EASEMENT
OVER THE NORTH 20 FEET THEREOF FOR ROADWAYS AND UTILITIES.

DEED OF TRUST
Coen No: 6100369763 (Continued) Page 2
The Real Property or Its address is commonly known as 5916 E Morning Vista Ln, Cave Creek, AZ 85331.
The Real Property tax Identification number is 211-44-031A.
Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title,
and interest in and to all present and future leases of the Property and all Rents from the Property. In addition,
Trustor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents.
THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE
RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B)
PERFORMANCE OF ANY AND ALL OBUGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS
DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to
Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner
perform all of Trustor's obligations under the Note, this Deed of Trust, and the Related Documents.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustors possession and use of
the Property shall be governed by the following provisions:
Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession
and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the
Property.
Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs,
replacements, and maintenance necessary to preserve its value.
Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the
period of Trustors ownership of the Property, there has been no use, generation, manufacture, storage,
treatment, disposal, release or threatened reicrl ie Iry Hazardous Substance by any person on, under,
about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been,
except as previously disclosed to and acknowledged by Lender In writing, (a) any breach or violation of
any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or
threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners
or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person
relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in
writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall
use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about
or from the Property; and (b) any such activity shall be conducted in compliance with all applicable
federal, state, and local laws, regulations and ordinances, including without limitation all Environmental
Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and
tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property with
this section of the Deed of Trust. Beneficiary, at its option, but without obligation to do so, may correct
any condition violating any applicable Environmental Law affecting the Property, and In doing so shall
conclusively be deemed to be acting reasonably and for the purpose of protecting the value of its collateral,
and all costs of correcting a condition or violation shall be payable to Beneficiary by Trustor as provided in
the Expenditures by Lender section of this Deed of Trust. Any inspections or tests made by Lender shall be
for Lenders purposes only and shall not be construed to create any responsibility or liability on the part of
Lender to Trustor or to any other person. The representations and warranties contained herein are based
on Trustors due diligence in investigating the Property for Hazardous Substances. Trustor hereby (1)
releases and waives any future claims against Lender for indemnity or contribution in the event Trustor
becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and
hold harmless Lender against any arid all claims, losses, liabilities, damages, penalties, and expenses which
Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of
Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened
release occurring prior to Trustors ownership or interest in the Property, whether or not the same was or
should have been known to Trustor. The provisions of this section of the Deed of Trust, including the

DEED OF TRUST
Lban No 6100369763 (Continued) Page 3
obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and
reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any
interest in the Property, whether by foreclosure or otherwise.
Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer
any stripping of or waste on or to the Property or any portion of the Property. Without limiting the
generality of the foregoing, Trustor will not remove, or grant to any other party the right to remove, any
timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's
prior written consent.
Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property
without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may
require Trustor to make arrangements satisfactory to Lender to replace such Improvements with
Improvements of at least equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property
at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of
Trustors compliance with the terms and conditions of this Deed of Trust.
Compliance with Governmental Requirements. Trustor shall promptly comply with all laws, ordinances, and
regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of
the Property. Trustor may contest in good faith any such law, ordinance, or regulation and withhold
compliance during any proceeding, including appropriate appeals, so long as Trustor has notified Lender in
writing prior to doing so and so long as, in Lenders sole opinion, Lender's interests in the Property are not
jeopardized. Lender may require Trustor to post adequate security or a surety bond, reasonably
satisfactory to Lender, to protect Lender's interest.
Duty to Protect. Trustor agrees neither to ab,,, nntor=r of, I eave unattended the Property. Trustor shall do all
other acts, in addition to those acts set forth above in this section, which from the character and use of the
Property are reasonably necessary to protect and preserve the Property.
DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable
all sums secured by this Deed of Trust upon the sale or transfer, without Lenders prior written consent, of all
or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the
conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or
equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land
contract, contract for deed, leasehold interest with a term greater than three (3) years, lease-option contract, or
by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real
Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall
not be exercised by Lender if such exercise is prohibited by federal law or by Arizona law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this
Deed of Trust:
Payment. Trustor shall pay when due (and in all events prior to delinquency) all taxes and assessments,
including without limitation sales or use taxes in any state, local privilege or excise taxes based on gross
revenues, special taxes, charges (including water and sewer), fines and impositions levied against Trustor
or on account of the Property, and shall pay when due all claims for work done on or for services rendered
or material furnished to the Property. Trustor shall maintain the Property free of all liens having priority
over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and
assessments not due and except as otherwise provided in this Deed of Trust. Beneficiary shall have the
right, but not the duty or obligation, to charge Trustor for any such taxes or assessments in advance of
payment. In no event does exercise or non-exercise by Beneficiary of this right relieve Trustor from
Trustors obligation under this Deed of Trust or impose any liability whatsoever on Beneficiary.
Right to Contest. Trustor may withhold payment of any tax, assessment, or claim in connection with a
good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized.

DEED OF TRUST
Limn No: 6100369763 (Continued) Page 4
If a lien arises or is filed as a result of nonpayment, Trustor shall within fifteen (15) days after the lien
arises or, if a lien is filed, within fifteen (15) days after Tnistor has notice of the filing, secure the discharge
of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or
other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and
attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In
any contest, Trustor shall defend itself and Lender and shall satisfy any adverse judgment before
enforcement against the Property. Trustor shall name Lender as an additional obligee under any surety
bond furnished in the contest proceedings.
Evidence of Payment. Trustor shall upon demand furnish to Lender satisfactory evidence of payment of the
taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any
time a written statement of the taxes and assessments against the Property.
Notice of Construction. Trustor shall notify Lender at least fifteen (15) days before any work is
commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's
lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials and
the cost exceeds $5,000.00. Trustor will upon request of Lender furnish to Lender advance assurances
satisfactory to Lender that Trustor can and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this
Deed of Trust.
Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard
extended coverage endorsements on a replacement basis for the full insurable value covering all
Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause,
and with a standard mortgagee clause in favor of Lender, together with such other hazard and liability
iniurance as Lender may reasonably require. Policies shall be written in form, amounts, coverages and
basis reasonably acceptable to Lender and is`,1=u7r. company or companies reasonably acceptable to
Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the policies or certificates
of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or
diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also shall
include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any
act, omission or default of Trustor or any other person. Should the Real Property be located in an area
designated by the Director of the Federal Emergency Management Agency as a special flood hazard area,
Trustor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is
given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal
balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits
set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such
insurance for the term of the loan.
Application of Proceeds. Trustor shall promptly notify Lender of any loss or damage to the Property if the
estimated cost of repair or replacement exceeds $1,000.00. Lender may make proof of loss if Trustor fails
to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender
may, at Lenders election, receive and retain the proceeds of any insurance and apply the proceeds to the
reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of
the Property. If Lender elects to apply the proceeds to restoration and repair, Trustor shall repair or replace
the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon
satisfactory proof of such expenditure, pay or reimburse Trustor from the proceeds for the reasonable cost
of repair or restoration if Trustor is not in default under this Deed of Trust. Any proceeds which have not
been disbursed within 180 days after their receipt and which Lender has not committed to the repair or
restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust,
then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the
Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall
be paid to Trustor as Trustor's interests may appear.
LENDER'S EXPENDITURES. If Trustor fails (A) to keep the Property free of all taxes, liens, security interests,

DEED OF TRUST
Coen No: 5100369763 (Continued) Page 5
encumbrances, and other claims, (8) to provide any required insurance on the Property, or (C) to make
repairs to the Property then Lender may do so. If any action or proceeding is commenced that would materially
affect Lender's Interests in the Property, then Lender on Trustor's behalf may, but is not required to, take any
action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by
Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or
. paid by Lender to the date of repayment by Trustor. All such expenses will become a part of the Indebtedness
and, at Lenders option, will (A) be payable on demand; (B) be added to the balance of the Note and be
apportioned among and be payable with any installment payments to become due during either (1) the term of
• any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon
payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of
these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any
remedies to which Lender may be entitled on account of any default and shall be exercisable by Lender to the
extent permitted by applicable law. Any such action by Lender shall not be construed as curing the default so
as to bar Lender from any remedy that it otherwise would have had.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of
this Deed of Trust:
Title. Trustor warrants that: (a) Trustor holds good and marketable title of record to the Property in fee
simple, free and clear of all liens and encumbrances other than those set forth in the Real Property
description or In any title insurance policy, title report, or final title opinion issued in favor of, and accepted
by, Lender, or have otherwise been previously disclosed to and accepted by Lender in writing in connection
with this Deed of Trust, and (b) Trustor has the full right, power, and authority to execute and deliver this
Deed of Trust to Lender.
Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend
the title to the Property against the lawful cleitazatmd persons. In the event any action or proceeding is
commenced that questions Trustor's title or the interest of Trustee or Lender under this Deed of Trust,
Trustor shall defend the action at Trustors expense. Trustor may be the nominal party in such proceeding,
but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by
counsel of Lenders own choice, and Trustor will deliver, or cause to be delivered, to Lender such
instruments as Lender may request from time to time to permit such participation.
Compliance With Laws. Trustor warrants that the Property and Trustors use of the Property complies with
all existing applicable laws, ordinances, and regulations of governmental authorities.
Survival of Promises. All promises, agreements, and statements Trustor has made in this Deed of Trust
shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature and shall remain
in full force and effect until such time as Trustors Indebtedness is paid in full.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of
Trust:
Proceedings. If any proceeding in condemnation is filed, Trustor shall promptly notify Lender in writing,
and Trustor shall promptly take such steps as may be necessary to defend the action and obtain the award.
Trustor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the
proceeding and to be represented in the proceeding by counsel of its own choice, and Trustor will deliver or
cause to be delivered to Lender such instruments and documentation as may be requested by Lender from
time to time to permit such participation.
Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain
proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require
that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or
restoration of the Property. The net proceeds of the award shall mean the award after payment of all
reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the
condemnation.

DEED OF TRUST
Lean No: 6100369763 (Continued) Page 6
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions
relating to governmental taxes, fees and charges are a part of this Deed of Trust:
Current Taxes, Fees and Charges. Upon request by Lender, Trustor shall execute such documents in
addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and
continue Lenders lien on the Real Property. Trustor shall reimburse Lender for all taxes, as described
below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust,
including without limitation all taxes, fees, documentary stamps, and other charges for recording or
registering this Deed of Trust.
Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type
of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific
tax on Trustor which Trustor is authorized or required to deduct from payments on the indebtedness
secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the
Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on
payments of principal and interest made by Trustor.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed
of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of
its available remedies for an Event of Default as provided below unless Trustor either (1) pays the tax
before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section
and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to
Lender.
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as
a security agreement are a part of this Deed of Trust:
Security Agreement. This instrument shall,f;r7'-7= a Security Agreement to the extent any of the
Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform
Commercial Code as amended from time to time.
Security Interest. Upon request by Lender, Trustor shall take whatever action is requested by Lender to
perfect and continue Lender's security interest in the Personal Property. In addition to recording this Deed
of Trust in the real property records, Lender may, at any time and without further authorization from
Trustor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement.
Trustor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest.
Upon default, Trustor shall not remove, sever or detach the Personal Property from the Property. Upon
default, Trustor shall assemble any Personal Property not affixed to the Property in a manner and at a place
reasonably convenient to Trustor and Lender and make it available to Lender within three (3) days after
receipt of written demand from Lender to the extent permitted by applicable law.
Addresses. The mailing addresses of Trustor (debtor) and Lender (secured party) from which information
concerning the security interest granted by this Deed of Trust may be obtained (each as required by the
Uniform Commercial Code) are as stated on the first page of this Deed of Trust.
FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and
attorney-in-fact are a part of this Deed of Trust:
Further Assurances. At any time, and from time to time, upon request of Lender, Trustor will make,
execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and
when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such
times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds
of trust, security deeds, security agreements, financing statements, continuation statements, instruments
of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary
or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Trustor's obligations
under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests
created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter

DEED OF TRUST
Limn No: 6100369763 (Continued) Page 7
acquired by Trustor. Unless prohibited by law or Lender agrees to the contrary in writing. Trustor shall
reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this
paragraph.
Attorney-in-Fact. If Trustor fails to do any of the things referred to in the preceding paragraph, lender may
do so for and in the name of Trustor and at Trustor's expense. For such purposes, Trustor hereby
irrevocably appoints Lender as Trustor's attorney-in-fact for the purpose of making, executing, delivering,
filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to
accomplish the matters referred to in the preceding paragraph.
FULL PERFORMANCE. If Trustor pays all the indebtedness when due, and otherwise performs all the
obligations irnposed upon Trustor under this Deed of Trust, Lender shall execute and deliver to Trustee a
request for full reconveyance without warranty and shall execute and deliver to Trustor suitable statements of
termination of any financing statement on file evidencing Lender's security interest in the Rents and the
Personal Property. Any reconveyance fee required by law shall be paid by Trustor, if permitted by applicable
law.
EVENTS OF DEFAULT. At Lender's option, Trustor will be in default under this Deed of Trust if any of the
following happen:
Payment Default. Trustor fails to make any payment when due under the Indebtedness.
Break Other Promises. Trustor breaks any promise made to Lender or fails to perform promptly at the time
and strictly in the manner provided In this Deed of Trust or in any agreement related to this Deed of Trust.
Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in
this Deed of Trust, the Note or in any of the Related Documents.
Default on Other. Payments. Failure of Trustor;,mr,;:- erte time required by this Deed of Trust to make any
payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge
of any lien.
Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security
agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person
that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or
Grantor's ability to perform Grantor's obligations under this Deed of Trust or any of the Related
Documents.
False Statements. Any representation or statement made or furnished to Lender by Trustor or on Trustor's
behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect,
either now or at the time made or furnished.
Defective Collateralization, This Deed of Trust or any of the Related Documents ceases to be in full force
and effect (including failure of any collateral document to create a valid and perfected security interest or
lien) at any time and for any. reason.
Death or insolvency. The death of Trustor, the insolvency of Trustor, the appointment of a receiver for any
part of Trustor's property, any assignment for the benefit of creditors,' any type of creditor workout, or the
commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor.
Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other
of Trustor's property in which Lender has a lien. This includes taking of, garnishing of or levying on
Trustor's accounts with Lender. However, if Trustor disputes in good faith whether the claim on which the
taking of the Property is based is valid or reasonable, and if Trustor gives Lender written notice of the claim
and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this
default provision will not apply.
Breach of Other Agreement. Any breach by Trustor under the terms of any other agreement between
Trustor and Lender that is not remedied within any grace period provided therein, including without

DEED OF TRUST
Limn No 6100369763 (Continued) Page
limitation any agreement concerning any indebtedness or other obligation of Trustor to Lender, whether
existing now or later.
Events Affecting Guarantor, Any of the preceding events occurs with respect to any guarantor, endorser,
surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or
accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under,
any Guaranty of the indebtedness.
Insecurity. Lender in good faith believes itself insecure.
RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time
thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies:
Election of Remedies. All of Lenders rights and remedies will be cumulative and may be exercised alone or
together. An election by Lender to choose any one remedy will not bar Lender from using any other
remedy. if Lender decides to spend money or to perform any of Trustors obligations under this Deed of
Trust, after Trustors failure to do so, that decision by Lender wilt not affect Lender's right to declare
Trustor in default and to exercise Lenders remedies.
Accelerate Indebtedness. Lender shall have the right at its option without notice to Trustor to declare the
entire Indebtedness immediately due and payable, including any prepayment penalty which Trustor would
be required to pay.
Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to
foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either
case in accordance with and to the full extent provided by applicable law. To the extent permitted by taw,
Trustor shall be and remain liable for any deficiency remaining after sale, either pursuant to the power of
sale or judicial proceedings. Trustor expressly waives, to the extent permitted by Arizona law, all of
Trustors rights under. Sections 33-814 and tili,411,2.0.6041,.' the Arizona Revised Statutes, including without
limitation, any right to a fair market value hearing or action to determine a deficiency judgment after a
foreclosure sale of the Real Property, including any land and improvements.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and
remedies of a secured party under the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Trustor to take possession of and manage the
Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over
and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any
tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents
are collected by Lender, then Trustor irrevocably designates Lender as Trustor's attorney-in-fact to endorse
instruments received in payment thereof in the name of Trustor and to negotiate the same and collect the
proceeds. Payments by tenants or other users to Lender in response to Lenders demand shall satisfy the
obligations for which the payments are made, whether or not any proper grounds for the demand existed.
Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any
part of the Property, with the power to protect and preserve the Property, to operate the Property
preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and
above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if
permitted by law. Lenders right to the appointment of a receiver shall exist whether or not the apparent
value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not
disqualify a person from serving as a receiver.
Tenancy at Sufferance. If Trustor remains in possession of the Property after the Property is sold as
provided above or Lender otherwise becomes entitled to possession of the Property upon default of
Trustor, Trustor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at
• Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property
• immediately upon the demand of Lender.

DEED OF TRUST
Limn No: 6100369763 (Continued) Page 9
Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or
the Note or available at law or in equity.
Notice of Sale. Lender shall give Trustor reasonable notice of the time and place of any public sale of the
Personal Property or of the time after which any private sale or other intended disposition of the Personal
Property is to be made. Reasonable notice shall mean notice given at least ten (10) days before the time of
the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the
Real Property.
Sale of the Property. To the extent permitted by applicable law, Trustor hereby waives any and all rights to
have the Property marshalled. In exercising its rights and remedies, the Trustee or Lender shall be free to
sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be
entitled to bid at any public sale on all or any portion of the Property.
Insurance Policies. Lender shall have the right upon an Event of Default, but not the obligation, to assign
all of Trustors right, title and interest in and to all policies of insurance on the Property and any unearned
premiums paid on such insurance to any receiver or any purchaser of the Property at a foreclosure sale, and
Trustor hereby appoints Lender as attorney in fact to assign and transfer such policies.
Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed
of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys'
fees at trial and upon any appeal 'Mettler or not any court action is involved, and to the extent not
prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time
for the protection of its interest or the enforcement of its rights shalt become a part of the Indebtedness
payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid.
Expenses covered by this paragraph include, without limitation, however subject to any limits under
applicable law, Lenders attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit,
including attorneys' fees and expenses forbeftl.. 1°=.7 txoceedings (including efforts to modify or vacate
any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost
of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal
fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law, However, Trustor
will only pay attorneys' fees of an attorney not Lenders salaried employee, to whom the matter is referred
after Trustors default. Trustor also will pay any court costs, in addition to all other sums provided by law.
Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section.
POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of
Trustee are part of this Deed of Trust:
Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the
power to take the following actions with respect to the Property upon the written request of Lender and
Trustor: (a) join in preparing and filing a map or plat of the Real Property, including the dedication of
streets or other rights to the public; (b) join in granting any easement or creating any restriction on the
Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the
interest of Lender under this Deed of Trust.
Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any
other trust deed or lien, or of any action or proceeding in which Trustor, Lender, or Trustee shall be a
party, unless the action or proceeding is brought by Trustee.
Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the
rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have
the right to foreclose by notice and sale, and Lender will have the right to foreclose by judicial foreclosure,
In either case in accordance with and to the full extent provided by applicable law.
Successor Trustee. Lender, at Lenders option, may from time to time appoint a successor Trustee to any
Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and
recorded in the office of the recorder of Maricopa County, State of Arizona. The instrument shall contain,

DEED OF TRUST
Coen No: 6100369763 (Continued) Page 10
in addition to all other matters required by state law, the names of the original Lender, Trustee, and
Trustor, the book and page where this Deed of Trust is recorded, and the name and address of the
successor trustee, and the instrument shall be executed and acknowledged by Lender or its successors in
interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power,
and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for
substitution of Trustee shall govern to the exclusion of all other provisions for substitution.
NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of
default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when
actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally
recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or
registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All
copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be
sent to Lenders address, as shown near the beginning of this Deed of Trust. Any person may change his or
her address for notices under this Deed of Trust by giving formal written notice to the other person or persons,
specifying that the purpose of the notice is to change the person's address. For notice purposes, Trustor
agrees to keep Lender informed at all times of Trustors current address. Unless otherwise provided or required
by law, if there is more than one Trustor, any notice given by Lender to any Trustor is deemed to be notice
given to all Trustors. It will be Trustor's responsibility to tell the others of the notice from Lender.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
Amendments. What is written in this Deed of Trust and in the Related Documents is Trustors entire
agreement with Lender concerning the matters covered by this Deed of Trust. To be effective, any change
or amendment to this Deed of Trust must be in writing and must be signed by whoever will be bound or
obligated by the change or amendment.
Caption Headings. Caption headings in this DeenYrInTLA are for convenience purposes only and are not to
be used to interpret or define the provisions of this Deed of Trust.
Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other
interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without
the written consent of Lender.
Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent
not preempted by federal law, the laws of the State of Arizona without regard to its conflicts of law
provisions. This Deed of Trust has been accepted by Lender In the State of Arizona.
Joint and Several Liability. AU obligations of Trustor under this Deed of Trust shall be joint and several, and
all references to Trustor shall mean each and every Trustor. This means that each Tn.istor signing below is
responsible for all obligations In this Deed of Trust,
No Waiver by Lender. Trustor understands Lender will not give up any of Lenders Tights under this Deed
of Trust unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will
not mean that Lender has given up that right. If Lender does agree in writing to give up one of Lenders
rights, that does not mean Trustor will not have to comply with the other provisions of this Deed of Trust.
Trustor also understands that if Lender does consent to a request, that does not mean that Trustor will not
have to get Lenders consent again If the situation happens again. Trustor further understands that just
because Lender consents to one or more of Trustors requests, that does not mean Lender will be required
to consent to any of Trustors future requests. Trustor waives presentment, demand for payment, protest,
and notice of dishonor.
Severability. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced,
that fact by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore,
a court will enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust
may be found to be invalid or unenforceable.
Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Trustors

DEED OF TRUST
Coen No: 6100369783 (Continued) Page 11
interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors
and assigns. If ownership of the Property becomes vested in a person other than Trustor, Lender, without
notice to Trustor, may deal with Trustor's successors with reference to this Deed of Trust and the
Indebtedness by way of forbearance or extension without releasing Trustor from the obligations of this
Deed of Trust or liability under the Indebtedness.
Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action,
proceeding, or counterclaim brought by any party against any other party.
Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the
homestead exemption laws of the State of Arizona as to all Indebtedness secured by this Deed of Trust.
DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust:
Beneficiary. The word "Beneficiary" means BMO HARRIS BANK N.A., and its successors and assigns.
Borrower. The word "Borrower means TONYA K MACBETH and DOUGLAS T MACBETH and includes all
co-signers and co-makers signing the Note and all their successors and assigns.
Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee,
and includes without limitation all assignment and security interest provisions relating to the Personal
Property and Rents.
Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes,
regulations and ordinances relating to the protection of human health or the environment, including without
limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as
amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization
Act of 1986, Pub. L. No. 99-499 ("SARA"rtiPergrituzardous Materials Transportation Act, 49 U.S.C.
Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or
other applicable state or federal laws, rules, or regulations adopted pursuant thereto.
Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of
Trust in the events of default section of this Deed of Trust.
Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation
party to Lender, including without limitation a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their
quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or
potential hazard to human health or the environment when improperly used, treated, stored, disposed of,
generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used
in their very broadest sense and include without limitation any and all hazardous or toxic substances,
materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous
Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof
and asbestos.
Improvements. The word "Improvements" means all existing and future improvements, buildings,
structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other
construction on the Real Property.
Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and
expenses payable under the Note or Related Documents, together with all renewals of, extensions of,
modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts
expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by Trustee or
Lender to enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as
provided in this Deed of Trust.
Lender. The word "Lender" means BMO HARRIS BANK N.A., its successors and assigns. The words

DEED OF TRUST
Limn No: 6100369763 (Continued) Page 12
"successors or assigns" mean any person or company that acquires any interest in the Note.
Note. The word "Note" means the promissory note dated August 14, 2013, in the original principal
amount of $211,721.39 from Trustor to Lender, together with all renewals of, extensions of, modifications
of, refinancings of, consolidations of, and substitutions for the promissory note or agreement, The
maturity date of this Deed of Trust is August 7, 2028.
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of
personal property now or hereafter owned by Trustor, and now or hereafter attached or affixed to the Real
Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for,
any of such property; and together with all proceeds (including without limitation all insurance proceeds
and refunds of premiums) from any sale or other disposition of the Property.
Property. The word "Property" means collectively the Real Property and the Personal Property.
Real Property, The words "Real Property" mean the real property, interests and rights, as further described
in this Deed of Trust.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan
agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust,
security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now
or hereafter existing, executed in connection with the Indebtedness.
Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits,
and other benefits derived from the Property,
Trustee. The word "Trustee" means BMO HARRIS BANK N.A., whose address is 111 W. MONROE
STREET P.O. BOX 755, CHICAGO, IL 60690 and any substitute or successor trustees.
Trustor. The word "Trustor" means TONYA King.AZT.V. el and DOUGLAS T MACBETH.
EACH TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND
EACH TRUSTOR AGREES TO ITS TERMS.
X
.001,10— S T MACBETH

DEED OF TRUST
LCian No: 6100369763 (Continued) Page 13
INDIVIDUAL ACKNOWLEDGMENT
STATE OF
) SS
COUNTY OF
On this day before me, the undersigned Notary Public, personally appeared TONYA K MACBETH and
DOUGLAS T MACBETH, to me known to be the individuals described in and who executed the Deed of Trust,
and acknowledged that they signed the Deed of Trust as their free and voluntary act and deed, for the uses
and purposes therein mentioned.
Given/under my hand and official ethii day of 544gt-4144r , 20 43
BY.
Notary PUbliC In aid for the State
My ocirrrission expires4q
OFFICIAL SEAL
STEPHANIE A. OLIVERA
NOTARY PUBLIC ARIZONA
Unolfziat Documeat MARICOPA COUNTY
My Comm. Expos January 19, 2014
REQUEST FOR FULL RECONVEYANCE
(To be used only when obligations have been paid in full)
To: Trustee
The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums
secured by this Deed of Trust have been fully paid and satisfied. You are hereby directed, upon payment to
you of any sums owing to you under the terms of this Deed of Trust or pursuant to any applicable statute, to
cancel the Note secured by this Deed of Trust (which is delivered to you together with this Deed of Trust), and
to reconvey, without warranty, to the parties designated by the terms of this Deed of Trust, the estate now
held by you under this Deed of Trust. Please mail the reconveyanc.e and Related Documents to:
Date: Beneficiary:
BY:
Its:
LASER PRO Lending, Ver. 13.1.0.004 Copr. Harland Financial Solutions, Inc. 1997, 2013. All Rights
Reserved. - AZ PAHarlandtharrisMFIILPLIG01.FC TR-5035858 PR-HELOAN

PATENT EASEMENT ABANDONMENT
APPLICATION
CHECKLIST
Application ID: PAB-0006
A "YES" checked on any item on this list shall result in the letter of Initial Determination stating that pursuant to Section 5 of
County ordinance (P-34) certain criteria do not meet abandonment requirements.
Disqualification Criteria YES NO
Road alignment has been Declared (Sect 5a) X
Road alignment is maintained by MCDOT X
Road alignment is needed for future r/w X
Prop abandon shares border and is parallel to row dedicated to County or public (Sect 5b) Y
Objection from any affected utility, Arizona State land, BLM or BOR (Sect 5d) X
Objection from any Municipality or Tribe, (Sect 5e) X
Statement of fact and Documentation for Items identified as not meeting abandonment requirements:
REVIEWER COMMENT DISQUALIFYING
CRIITERIA
MCDOT Bob Woodring No Objection
Denise brewer N/R
Denise Lacey N/R
David Fritz No Objection
Kevin Kottmer N/R
Nicolaas Swart N/R
b COUNTY P&D No Objection
Real Estate No Objection
Parks No Objection
FCD No Objection
c UTILITIES APS No Objection
Century Link No Objection
Cox No Objection
SRP N/A
SWG N/A
Scottsdale Water No Objection
Town of Cave Creek water N/A
d GOV AGENCIES N/A
e MUNICIPALITIES / N/A
TRIBES
DATE: 2/8/20 16 INIT: KG

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