NOTICE OF TRUSTEE'S SALE AND NOTIFICATION OF DISPOSITION OF PERSONAL PROPERTY Recorded: 10/15/2012

Event Date: 
Wed, 01/30/2013 - 10:00am

Trustee's Sale No.: 139731.00021 (2006DOT)

NOTICE OF TRUSTEE'S SALE AND NOTIFICATION OF DISPOSITION OF PERSONAL PROPERTY Recorded: 10/15/2012

The following legally described trust property will be sold, pursuant to the power of sale under the Construction Deed of Trust (as amended and modified, the "Deed of Trust") recorded on September 25, 2006, as Book No. 4438, Page 528, in the office of the County Recorder of Yavapai County, Arizona, and modified by the Modification of Deed of Trust recorded on July 17, 2007, at Book No. 4524, Page 155, in the office of the County Recorder of Yavapai County, Arizona, and re-recorded on October 3, 2012, as Book No. 4909, Page 930, in the office of the County Recorder of Yavapai County, Arizona, on October 3, 2012 at public auction to the highest bidder, on the steps of the old Courthouse, facing Gurley Street, 120 South Cortez Street, in Prescott, Yavapai County, Arizona, on January 30, 2013, at 10:00 o'clock a.m. of said day: See Exhibits "A" And "B" Attached The beneficial interest under the Deed of Trust was assigned to the current Beneficiary pursuant to that certain Receiver's Assignment of Note and Deed of Trust, dated as of August 5, 2012 and recorded on September 12, 2012, at Book No. 4905, Page 271 in the office of the County Recorder of Yavapai County, Arizona. The sale will be made for cash or other form satisfactory to the Trustee (payable pursuant to A.R.S. §§ 33-810 and -811), but without covenant or warranty, express or implied, regarding title, possession, quiet enjoyment, condition of the trust property, condition or location of personal property, encumbrances, or any other matter, to pay, in full or in part, the remaining principal sum of the notes and other obligations secured by the Deed of Trust. The Deed of Trust and/or the Beneficiary provide the following information concerning the trust property, the Deed of Trust, and the Trustee's Sale: Street address or identifiable location of the trust property: 320 Heidi Lane, Chino Valley, AZ 86323, as more fully described in the legal description below. Tax parcel number: 306-29-060H Original principal balance of the Note shown on Deed of Trust: $285,000.00

Name and address of current Beneficiary: AmTrust Bank, a division of New York Community Bank 6900 East Camelback Road, Ste. 350 Scottsdale, Arizona 85251

Name and address of current Trustee: Sarah R. Anchors, Esq. Quarles & Brady LLP Renaissance One Two North Central Avenue Phoenix, Arizona 85004-2391 Telephone No. 602-229-5200 For information contact: Elizabeth A. Hibbs, elizabeth.hibbs@quarles.com Manner of Trustee Qualification: Member of the State Bar of Arizona; A.R.S. § 33-803(A)(2) Name of Trustee's Regulator: State Bar of Arizona Name and address of original Trustor as shown on Deed of Trust: Bates Enterprises, LLC P.O. Box 4918 Chino Valley, Arizona 86323 Name of current record owner and/or successor of record to the original Trustor, if different than above: Same This sale will not exhaust the power of sale contained in the Deed of Trust as to any remaining property encumbered by the Deed of Trust described above, which may, at the Beneficiary's option, be sold in one or more subsequent sale proceedings. The recordation of this Notice does not constitute an election to proceed against any collateral, or to pursue any given remedy, to the exclusion of any other collateral or remedy. The Trustee and the Beneficiary hereby expressly reserve the right, without impairing the effectiveness of this sale, to conduct one or more further judicial or nonjudicial sales of any of the Beneficiary's collateral if considered necessary or advisable to foreclose out the interests of other parties who may claim to have an interest in any portion of the Beneficiary's collateral or to otherwise clear or perfect title to any portion of or interest in the collateral. Dated this 12th day of October, 2012. /s/ Sarah R. Anchors, a member of the State Bar of Arizona, Trustee State Of Arizona ) ) ss. County of Maricopa ) This Notice of Trustee's Sale and Notification of Disposition of Personal Property, dated October 12, 2012, consisting of 7 pages (inclusive of exhibits), was acknowledged before me this 12th day of October, 2012, by Sarah R. Anchors, who is a member of the State Bar of Arizona, as Trustee. Additional signers of this document are: None. /s/ Geri Canacokos Notary Public My Commission Expires: Oct. 9, 2013 Exhibit "A" All of Trustor's right, title, and interest in and to the real property more fully described in Schedule 1 attached hereto and made a part of, together with ail 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 restriction 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. Schedule 1 (Legal Description)

Parcel I: All that portion of Section 27, Township 16 North, Range 2 West of the Gila and Salt River Base and Meridian, Yavapai County, Arizona as shown on Survey, recorded in Book 47 of Land Surveys, Page 2, records of Yavapai County, Arizona, more particularly described as follows: Commencing at the West quarter corner of said Section 27; Thence North 89 Degrees, 34 Minutes, 06 Seconds East (Record), North 89 Degrees, 35 Minutes, 43 Seconds East (Measured), along the mid section line, a distance of 674.40 feet (M); Thence North 00 Degrees, 44 Minutes, 44 Seconds West, a distance of 731.25 feet; Thence North 89 Degrees, 34 Minutes, 07 Seconds East, a distance of 501.23 feet to the Point of Beginning; Thence continuing North 89 Degrees, 34 Minutes, 07 Seconds East, a distance of 173.19 feet; Thence North 00 Degrees, 44 Minutes, 41 Seconds West, a distance of 296.01 feet; Thence South 89 Degrees, 35 Minutes, 10 Seconds West, a distance of 173.18 feet; Thence South 00 Degrees, 44 Minutes, 41 Seconds East, a distance of 296.07 feet to the Point of Beginning. Except all coal, oil, gas and other minerals as reserved from said land. Reserving unto the Grantors, their heirs, successors and/or assigns herein a 25.00 foot easement for impress, egress and public utilities, lying South of, running parallel with and adjoins the North line of the above described parcel. Further Reserving unto the Grantors, their heirs, successors and/or assigns herein a 25.00 foot easement for ingress, egress and public utilities, lying West of, running parallel with and adjoins the East line of the above described parcel. And Further Reserving onto the Grantors, their heirs, successors and/or assigns herein a 25.00 foot easement for C.V.I.D. water-line, lying North and East of, running parallel with and adjoins the following described line: Beginning at the Southwest corner of the above described parcel; Thence North 84 Degrees, 34 Minutes, 07 Seconds East, a distance of 148.18 feet; Thence South 00 Degrees, 44 Minutes, 41 Seconds East, a distance of 210.00 feet to the End of this easement. Excepting therefrom any portion not lying within Parcel I above.

Parcel II: A 25.00 foot easement for ingress, egress and utilities, lying West of, running parallel with and adjoins the East line of the following described parcel: All that portion of Section 27, Township 16 North, Range 2 West of the Gila and Salt River Base and Meridian, Yavapai County, Arizona as shown on Survey, recorded in Book 47 of Land Surveys, Page 2, records of Yavapai County, Arizona, more particularly described as follows; Commencing at the West quarter corner of said Section 27; Thence North 89 Degrees, 34 Minutes, 06 Seconds East (Record), North 89 Degrees. 35 Minutes, 43 Seconds East (Measured), along the mid section line, a distance of 674.40 feet (M); Thence North 00 Degrees, 44 Minutes, 44 Seconds West, a distance of 731.25 feet; Thence North 89 Degrees, 34 Minutes, 07 Seconds East, a distance of 328.05 feet to the Point of Beginning; Thence North 00 Degrees, 44 Minutes, 41 Seconds West, a distance of 296.12 feet; Thence North 89 Degrees, 35 Minutes, 10 Seconds East, a distance of 346.36 feet; Thence South 00 Degrees, 44 Minutes, 41 Seconds East, a distance of 1002.58 feet; Thence South 89 Degrees, 35 Minutes, 57 Seconds West, a distance of 50.04 feet; Thence North 00 Degrees, 44 Minutes, 37 Seconds West, a distance of 706.54 feet; Thence South 89 Degrees, 34 Minutes, 07 Seconds West, a distance of 296.34 feet to the Point of Beginning. Excepting therefrom any portion lying within Parcel I above. Exhibit "B" (Personal Property) All present and future rents, revenues, income, issues, royalties, profits, and other articles of personal property now or hereafter owned by Trustor, together with 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.