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LEWISANDROCA

-LLP-LAWYERS

40 North Central Avenue19th FloorPhoenix, Arizona 85004-4429Telephone: (602) 262-5311

George L. Paul, State Bar No. 007476Direct Dial: (602) 262-5326Direct Fax: (602) 734-3857EMai!: [email protected]

Attorneys for Petitioner The Navajo Nation

SUPERIOR COURT OF ARIZONACOUNTY OF COCONINO

~ .: t/ 2C)/O- oU 997) I No.) I

) COMPLAINT; PETITION FOR) SPECIAL ACTION TO REMOVE) WRONGFUL LIS PENDENS:) EMERGENCY APPLICATION FOR) ORDER TO SHOW CAUSE)))

Respondents )

THE NAVAJO NATION,

Petitioner,

VS.

THE SUPERIOR COURT OF THESTATE OF ARIZONA, IN AND FORTHE COUNTY OF COCONINO; andDON YELLOWMAN, Real Party inInterest,

For its Complaint/Petition for Special Action to Remove Wrongful Lis Pendens/

Emergency Application for Order to Show Cause, Petitioner the Navajo Nation hereby

alleges as follows:

Jurisdiction and Venue

1. This Court has jurisdiction under A.R.S. §§ 12-122, 12-123, 12-1191,33-

420, which governs special actions for the wrongful filing of lis pendens, and Rule 4,

Arizona Rules of Procedure for Special Actions.

2. Venue is appropriate in Coconino County because under A.R.S. § 12-

401 (12), this action seeks to remove a wrongfully filed lis pendens affecting, and to quiet

title to, property located in Coconino County, Arizona.

2277578.2

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6. Yellowman purports to represent the "Forgotten People," which upon

8 II individual who has wrongfully filed a Notice of Lis Pendens affecting land owned by the

9 II Navajo Nation, which land is located in Coconino County, Arizona. He is a resident of

10 II Arizona and there is both general and specific personal jurisdiction over him.

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LEWISANDROCA-LLP-LAWYERS

Parties

3.

4.

Petitioner is the Navajo Nation.

The Superior Court of Arizona, Coconino Country, is named as a respondent

4 II because A.R.S. § 33-420 provides that an action to remove a wrongfully filed lis pendens

5 II may proceed by "special action," naming as a respondent the Superior Court that must

6 II take some action as alleged in the Complaint.

5. Don Yellowman, Respondent and real party in interest ("Yellowman"), is an

12 II information and belief is an unincorporated association of individuals within the Navajo

13 Nation that advocates for the interests of individual Navajos and The Navajo Nation.

14 Upon information and belief, Yellowman serves as President of the Forgotten People,

15 II which also purports to advocate for beneficiaries of the "Navajo Nation Rehabilitati~m

16 II Trust Fund."

17 7. The Navajo Nation appears here for the sole purpose of removing the Notice

18 II of Lis Pendens that was wrongfully filed by Yellowman, and does not waive its sovereign

19 II immunity from suit in Arizona state courts.

20 II The Twin Arrows Parcel

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8. The Navajo Nation owns land in Coconino County, Arizona, known

informally as the "Twin Arrows Parcel," with the following legal description:

A parcel ofland in Sections 31 and 29, Township 21 NorthRange 11 East, Gila and Salt River Meridian

Coconino County, Arizona

9. Attached as Exhibit 1 is the deed by which the Navajo Nation acquired

26 II ownership in fee simple of the Twin Arrows Parcel.

27 The Twin Arrows Parcel is involved in economic development activity10.

28 II currently undertaken by the Navajo Nation, in the amount of $100,000,000 (the "financing2 2277578.2

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LEWISAND

ROCA-LLP-LAWYERS

transaction"). However, because of the wrongfully filed Notice of Lis Pendens, discussed

below, the financing transaction is being hindered. The financing transaction cannot go

forward without the quashing of the wrongfully filed Lis Pendens, and the failure of the

financing transaction to close as scheduled, or very shortly thereafter, will cause great

damage and irreparable harm to the Navajo Nation. See Exhibit 2, Declaration of Mark

Grant; Exhibit 5, Declaration of Robert Winter; and Exhibit 6, Declaration of Roman

Bitsuie.

The Wrongfully Filed Lis Pendens

9 11. Attached as Exhibit 3 is a Notice of Lis Pendens filed by Yellowman that

10 affects the Twin Arrows Parcel (the "Lis Pendens").

11 12. Pursuant to A.R.S. § 12-1191, a lis pendens may only be filed by a party

12 II who is involved in a lawsuit that "affect[s] title to real property."

13 13. The only lawsuit referenced in the Lis Pendens is Cause No. WR-CV-258-

14 II 10, a suit pending in the District Court of the Navajo Nation at Window Rock (the "Civil

15 II Accounting Complaint"). The Civil Accounting Complaint is attached as Exhibit 4.

16 II 14. The Twin Arrows Parcel is not mentioned or referenced in the Civil

17 II Accounting Complaint.

18 II 15. The Civil Accounting Complaint does not purport or seek to affect the title

19 II to any real property, including the Twin Arrows Parcel. It seeks only an accounting of

20 II certain public officials of the Navajo Nation, namely the Navajo Hopi Land Commission

21 II Office and its Rehabilitation Trust Fund. The Rehabilitation Trust Fund has no interest,

22 II legal or equitable, in the Twin Arrows Parcel. See Declaration of Roman Bitsuie.

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16. Accordingly, the Lis Pendens is wrongfully filed.

COUNT 1(IMMEDIATE REMOVAL OF WRONGFULLY FILED LIS PENDENS)

26 II 17. The allegations of paragraphs 1though 16 are incorporated by reference as if

27 II set forth fully herein.

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18. The Lis Pendens affecting the Twin Arrows Parcel has negatively affected

2 II the ability of the Navajo Nation to close the financing transaction.

3 19. The Lis Pendens affecting the Twin Arrows Parcel was wrongfully filed, in

4 II that the only suit it references, the Civil Accounting Complaint, does not purport to and

5 II will not affect, expand, restrict, or otherwise adjudicate the status of title of the Twin

6 II Arrows Parcel.

7 20. Pursuant to A.R.S. § 33-420(B), the owner of real property affected by the

8 II filing of a wrongful lis pendens may bring an action in the superior court in the county in

9 II which the real property is located for such relief as is required to "immediately clear" title

10 II to the real property. Such action proceeds according to the rules of procedure for special

11 II actions. The special action may be brought based on the grounds that the lis pendens is

12 II groundless, includes a false claim, or is otherwise invalid.

13 II 21. The Lis Pendens is groundless, includes a false claim and is otherwise

14 II invalid. Pursuant to A.R.S. § 33-420(D), because the lis pendens is not authorized by

15 II statute, judgment or other specific authority, it is presumed to be groundless and invalid.

22. The Navajo Nation is entitled to have this Court immediately clear the title16

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of the Twin Arrows Parcel, in this case a removal and quashing of the Lis Pendens.

COUNT 2(DAMAGES FOR FILING OF WRONGFULLY FILED LIS PENDENS)

23. The allegations of paragraphs 1 though 22 are incorporated by reference as if


22 24. Pursuant to A.R.S. § 33-420(C), a person named in a document that purports

23 II to create an interest in, or a lien or encumbrance against, real property and who knows that

24 II the document is groundless or is otherwise invalid, is liable for treble actual damages and

25 II attorneys' fees.

26 25. The filing of the Lis Pendens has and will damage the Navajo Nation. The

27 II extent and amount of those damages are as yet unknown.

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Yellowman knows that the Lis Pendens is groundless and invalid, and is

therefore liable to the Navajo Nation for treble damages and its attorneys' fees.

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COUNT 3(EMERGENCY APPLICATION FOR ORDER TO SHOW CAUSE)

The allegations of paragraphs 1 though 26 are incorporated by reference as if


A.R.S. § 33-420(B) provides that a party may file a special action to obtain

8 II "immediate" relief from a wrongfully filed lis pendens.

9 29. Pursuant to Rule 4(c), Arizona Rules of Procedure for Special Actions, a

10 II special action like this action may be accompanied by an application for an order to show

11 II cause why the requested relief should not be granted. The rules state that in such a

12 II situation, the court shall order a "speedy return date."

13 30. Accompanying this Complaint is an Emergency Application For Order to

14 II Show Cause.

15 31. The Court should grant the Emergency Application for an Order to Show

16 II Cause hearing, and set a speedy return date for the hearing.

17 II WHEREFORE, Petitioner the Navajo Nation respectfully requests this Court enter

18 II relief in its favor and against Respondent Yellowman as follows:

19 A. For an immediate order, decree and judgment that the Lis Pendens was

20 II wrongfully filed;

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B.C.

For an immediate order, decree and judgment quashing the Lis Pendens;

For an immediate order, decree and judgment that a Notice be recorded in

23 II the Coconino County Recorders Office that the Lis Pendens is null and void and is

24 II expunged from the record;

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For treble damages and the Navajo Nation's attorneys' fees and costs; and

For such other and further relief as the Court deems just and appropriate.

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LEWISAND

ROCA-LLP-LAWYERS

DATED this 15th day of November, 2010.

LEWIS AND ROCA LLP

g~£:dBy ./P;1 L

George L. PaulAttorneys for Petitioner

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Official Records of Coconino Counly 3571763Candace Owens - Recorder 08/25/2010 09:56 AM Pgs: 12PIONEER TITLE AGENCY 0 $21.001111111111111111111111111111111111111111111111111111111111111111111111111111111111111

WHEN RECORDED PLEASE MAIL TO:

Lewis and Roca LLPAttn: Kerry K. Patterson40 North Central AvenuePhoenix, AZ 85004-4429

File # 858076 WEEEXEMPT UNDER ARS 11··1134 A7

SPECIAL WARRANTY DEEDCONVEYING FEE LAND TO THENAVAJO NATION OF INDIANS

I

SPECIAL WARRANTY DEED COl\'VEYING FEE LAND TOTHE NAVAJO NATION OF INDIANS

THIS WDENTURE is entered into this 12~ay of August, 2010, by and between theNavajo Nation of lndians (the "Navajo Nation") and the Navajo Nation Gaming Enterprise, awholly owned enterprise of the Navajo Nation.

WITNESSETH:

WHEREAS, the Navajo Nation Gaming Enterprise has agreed to convey 405.61 acres offee land known as the Twin Arrows Parcel (defined below) to the Navajo Nation for the usesdescribed herein;

WHEREAS, pursuant to Navajo-Hopi Land Commission of the Navajo Nation CouncilResolution No. NHLCMA-02-10, March 10,2010, the Navajo-Hopi Land Commission selectedthe Twin Arrows Parcel for purchase acquisition and conveyance to Navajo Nation and thereafterconveyance to the United States of America in trust for the benefit of the Navajo Nation.

WHEREAS, the Twin Arrows Parcel shall be used solely for the benefit of Navajofamilies residing on Hopi-Partitioned Lands awaiting relocation in accordance with 25 U.S.c.§640-10Ch);

WHEREAS, pursuant to the Navajo and Hopi Indian Relocation Amendments Act of1980, also known as Section 4 of Public Law 96-305, approved July 8, 1980, 94 Stat. 930,(codified at 25 U.S.c. § 640d-IO (a) (2)), the President of the Navajo Nation is authorized toaccept title on behalf of the Navajo Nation;

NOW, THEREFORE, the Navajo Nation Gaming Enterprise has granted and conveyed,and by these presents does grant and convey unto the real property described in the Legal LandDescription attached hereto and incorporated herein by this reference as Exhibit "A'{the "TwinArrows Parcel") to the Navajo Nation and thereafter conveyance to the United States of Americain trust for the benefit of the Navajo Tribe;

TO HAVE AND TO HOLD all and singular the said lands and premises, together withthe rights and appurtenances, thereunto in anywise belonging, unto the Navajo Nation, subject toprior conveyances and reservations of the minerals in, on, and under the described lands asshown of record, patent reservation, easements, and rights-of-way of record, and other statedencumbrances, including those dedicated to the unincorporated village and county of zoning ordedication of subdivision plats and restriction thereof.

The Navajo Nation Gaming Enterprise does hereby covenant and agree to and with theNavajo Nation to warrant and defend the title to the above-described real property during theperiod of ownership by the Navajo Nation against all persons lawfully claiming or attempting toclaim the same or any part thereof.

IN WITNESS WHEREOF: the Navajo Nation Gaming Enterprise Chief Executive Officeand the President of the Navajo Nation has each set his hand and seal this _ day of August,2010.

NA VAJO NATION GAMING ENTERPRlSE, awholly owned enterprise of the Navajo Nation

By:- ,Name: Robert WinterTitle: Chief xecutive OfficerDate:

Accepted:

Joe Shirley, .lr., PresidentNavajo Nation

Date

CERTIFICATION

STATE OF ---- )) SS.

COUNTY OF )

On this day of August 2010, Joe Shirley, Jr. appeared before me andacknowledged himself to be the President of the Navajo Nation, and that he, being authorized soto do, executed the foregoing instrument for the purposes therein contained by signing his nameas its authorized agent of the Navajo Nation.

In witness whereof! hereto set my hand and official seal.

Notary Public

My Commission Expires:

STATE OF rJl?lJJ tr\f>'/J w) SS.

COUNTY OF rrrbnl.a.y; )On this JJ!!-day of August, 2010, Robert Winter appeared before me and acknowledged

himself to be the Chief Executive Officer of the Navajo Nation Gaming Enterprise, beingauthorized so to do, executed the foregoing instrument for the pw-poses therein contained bysigning his name as its authorized agent of the Navajo Nation Gaming Enterprise.

My Commission EXPires:-~ ,t c2f) / c:J-

In witness whereof I hereto set my hand and OffiCi~

NOtaryP~

8OFFICIAL SEAL'. . CHRISTINE LOHNES

NOTARY PUBLIC. STATE OF NEW ~EXICO ,

My~~cJ-/~J;)

IN WITNESS WHEREOF, the Navajo Nation Gaming Enterprise Chief Executive Officeand the President of the Navajo Nation has each set his hand and seal this _ day of August,2010.

NA VAJO NATION GAMING ENTERPRISE, awholly owned enterprise of the Navajo Nation

By: _Name: Robert WinterTitle: Chief Executive OfficerDate: -------------------

Accepted:

oDate

.:

CERTIFICATION

STATE OF AV(~?Vl~)

) ss.COUNTY OF fryACk&)

On this 'jL(.fl.-- day of August 2010, Joe Shirley, Jr. appeared before me andacknowledged himself to be the President of the Navajo Nation, and that he, being authorized soto do, executed the foregoing instrument for the purposes therein contained by signing his nameas its authorized agent of the Navajo Nation.

In witness whereof [ hereto set my hand and official seal.

~ C~/G~L- tc~A-oNotary Public

My Commission Expires: ~I~I "t[){ 2-CORET A KEETO

'.OT ARY PUBLIC ARIZONAAPACHE COUNTY

My Commission Expires

J"r:<'. 08. 21112

l~."'"'~

STATE OF --~- )) ss.)COUNTY OF _

On this _ day of August, 2010, Robert Winter appeared before me and acknowledgedhimself to be the Chief Executive Officer of the Navajo Nation Gaming Enterprise, beingauthorized so to do, executed the foregoing instrument for the purposes therein contained bysigning his name as its authorized agent of the Navajo Nation Gaming Enterprise.

In witness whereof I hereto set my hand and official seal.

Notary Public


NOUdT<fJS3GQNVilVD31V lJ8:IHX3

PARCELBOUNDARYDESC~TION

A portion of the north half of Section 31, and the south half of Section 29, Township 21North, Range II East, Gila and Salt River Meridian, Coconino County, Arizona,described as follows:

BEGINNING at a set aluminum cap marked "RLS 18215" at the corner common toSections 29, 30, 31 and 32, Township 21 North, Range 11 East, Gila and Salt RiverMeridian, Coconino County, Arizona;

Thence North 00°25'51" West, 460.17 feet along the west line of said Section 29 to afound 112"diameter rebar with plastic cap marked "RLS 18215";

Thence continuing North 00°25'51" West, 880.64 feet along said west line of Section 29to a found 112" diameter rebar with plastic cap marked "RLS 18215";

Thence continuing North 00°25'51" West, 1297.66 feet along said west line of Section29 to a found U.S. Government Land Office brass cap at the west quarter corner of saidSection 29;

Tben.ce North 89°34'49" East, 90.00 feet along the latitudinal mid-section line of saidSection 29 to a set 1/2" diameter rebar with plastic cap marked "RLS 18215";

Thence South 00°25'51" East, 935.28 feet along a line parallel with and 90.00 feet east ofsaid west line of Section 29 to a set 112" diameter rebar with plastic cap marked "RLS18215";

Thence North 44°11' IS" East, 99.65 feet to a set 1/2" diameter drill hole with brass tagmarked "RLS 18215";

Thence North 88°48 '21" East, 292.56 feet to a set 1/2" diameter rebar with plastic capmarked "RLS 18215" and a point of curvature;

Thence: northeasterly and southeasterly, 142.20 feet along the arc of a 1,500.00 footradius curve, concave to the southwest, having a central angle of 05°25'53", to a set 1/2"diameter rebar with plastic cap marked "RLS 18215";

Thence South 85°45'46" East., 282.63 feet to a set 1/2" diameter rebar with plastic capmarked "RLS 18215" and a point of curvature;

Thence southeasterly and northeasterly, 313,58 feet along the arc of a 310.00 foot radiuscurve, concave to the northwest, having a central angle of 57°57' 3D", to a set 1/2"diameter rebar with plastic cap marked "RLS 18215";

Thence North 36°16'45" East, 332.86 feet to a set, 1/2" diameter rebar with plastic capmarked "RLS 18215" and a point of curvature;

Thence northeasterly and northwesterly, 128.10 feet along the arc of a 120.00 foot radiuscurve, concave to the northwest, having a central angle of 36°41 '55", to a set 1/2"diameter rebar with plastic cap marked "RLS 18215'"';

Thence North 00°25' 11))West, 378.02 feet to a point on said latitudinal mid-section lineof Section 29 and the south line of ANTELOPE HILLS as recorded in Instrument No.3438078, RCC, from which a \0" diameter rebar with cap marked "WITNESSCORNER" lies North 00°25' 11" West, 75.00 feet;

Thence North 89°34'49" East, 920.62 feet along said latitudinal mid-section line of saidSection 29 and said south line of said ANfELOPE HILLS to a found 112" diameter rebarwith plastic cap marked "RLS 18215" at the southeast corner of said ANTELOPE HILLSand the southwest corner of that parcel described in Docket 1810, Page 456, RCC;

Thence continuing North 89°34'49" East, 110.50 feet along said latitudinal mid-sectionline of said Section 29 and the south line of said parcel described in Docket 1810, Page456, RCC to a found 112" diameter rebar with plastic cap marked "RLS 18215" at thesoutheast comer of said parcel;

Thence continuing North 89°34'49" East, 224.2p feet along said latitudinal mid-sectionline of said Section 29 and the south line of said parcel to a found 1/2" diameter rebarwith plastic cap marked "RLS 18548" at the center quarter comer of said Section 29;

Thence North 89°34'22" East, 985.24 feet along said latitudinal mid-section line of saidSection 29, the south line of said parcel, and the south line of that parcel described inDocket 1566, Page 60, RCe, to a found U.S; Government Land Office brass cap on thewest line of the Navajo Indian Reservation per Executive Order November 14, 1901;

Thence South 00°21 '46" East, 1299.10 feet along said west line to a found 112" diameterrebar with plastic cap marked "RLS 18215";

Thence continuing South 00°21 '46" East, 1342.25 feet along said west line to a foundU.S. Government Land Office brass cap marked "MI NIR?' at the intersection of saidwest line and the line common to said Sections 29 and 32;

Thence South 89°37'12" West, 985.03 feet along the south line of said Section 29 to afound 1/2" diameter rebar with tag marked "RLS 18215" at the south quarter corner ofsaid Section 29;

Thence South 89°36'50" West, 184.95 feet along said south line of said Section 29 to afound 112" diameter rebar with plastic cap marked "RLS 18215";

Thence continuing South 89°36'50" West, 1135.59 feet along said south line of saidSection 29 to a found 112" diameter rebar with cap marked "RLS 18548";

Thence continuing South 89°38'10" West, 34.93 feet along said south line of saidSection 29 to a found 1/2" diameter rebar with cap marked "RLS 18215";

Thence continuing South 89°38' 10" West, 967.64 feet along said south line of saidSection 29 to a found 1/2" diameter rebar with cap marked "RLS 18215";

Thence continuing South 89°38' 10" West, 318.08 feet along said south line of saidSection 29 to said set aluminum cap marked ''RLS 18215" at said comer common toSections 29, 30, 31 and 32, Township 21 North, Range 11 East, Gila and Salt RiverMeridian, Coconino County, Arizona;

Thence South 00°14'09" East, 1442.34 feet along the east line of said Section 31 to afound 1/2" diameter rebar with plastic cap marked "RLS 18215";

Thence continuing South 00°14'09" East, 1196.29 feet along said east line of Section 31to a found U.S. Government Land Office brass cap at the cast quarter corner of saidSection 31;

Thence South 89°38'03" West, 1455.50 feet along the meridional mid-section line of saidSection 31 to a found 1/2" diameter rebar with plastic cap marked "RLS 18215";

Thence continuing South 89°38'03" West, 1184.20 feet along said meridional mid-section line of said Section 31 to a found aluminum cap marked "LS 18548" at the centerquarter corner of said Section 31;

Thence South 89°37' 41" West, 532.09 feet along said meridional mid-section line of saidSection 31 to a found 1/2" diameter rebar with plastic cap marked "RLS 18215";

Thence continuing South 89°37'41" West, 128.83 feet along said meridional mid-sectionline of said Section 31 to a found 112" diameter rebar with broken aluminum cap;

Thence South 89°41 '33" West, 660.12 feet along said meridional mid-section line of saidSection 31 to a found 1/2" diameter rebar with broken aluminum cap;

Thence South 89°36'36" West, 661.07 feet along said meridional mid-section line of saidSection 31 to a found 112" diameter rebar with plastic cap marked ''RLS 18215";

Thence North 00°22'23" West, 659.83 feet to a set 1/2" diameter rebar with plastic capmarked "RLS 18215";

Thence North OO~l '46" West, 659.54 feet to a found 112" diameter rebar with plasticcap marked uRLS 18215";

Thence North OO~3'06" West, 329.94 feet to a found 112" diameter rebar with plasticcap marked "RLS 18215";

Thence North OO~3'06" West, 989.81 feet to a found drill hole in rock with a brass rugmarked "RLS 18215" on the north line of said Section 31 ;

Thence North 89D38'52" East, 1321.10 feet along said north line of Section 31 to a found112" diameter rebar with plastic cap marked "RLS' 18215";

Thence South 00°23 '36" East, 1154.89 feet to a found 112" diameter rebar with plasticcap with obliterated markings;

Thence South 89°40'52" West, 132.11 feet to a found I/?" diameter rebar with aluminumcap marked "LS 28717";

Thence South 89°39'38" West, 528.45 feet to a found 112" diameter rebar with capmarked "LS 14184;

Thence South 00°23 '27" East, 293.62 feet to a found 112" diameter rebar with plastic capmarked "RLS 18215";

Thence continuing South OO~3 '27' East, 530.82 feet to a set 112" diameter rebar withplastic cap marked "RLS 18215";

Thence North 89D39'30" East, 528.41 feet to a set 112" diameter rebar with plastic capmarked "RLS 18215";

Thence North 00°23'54" West, 549.91 feet to a found 112" diameter rebar with aluminumcap marked "LS 28711";

Thence North 89D38'16" East, 792.64 feet to a found 112" diameter rebar with aluminumcap marked "LS 28717";

Thence South OOD24'27" East, 550.19 feet to a set 112" diameter rebar with plastic capmarked "RLS 18215";

Thence North 89D37'33" East, 660.15 feet to a set 112" diameter rebar with plastic capmarked "RLS 18215";

Thence North OO~1 '31" West, 1319.49 feet to a found 112" diameter rebar with plasticcap marked "RLS 18215";

Thence North 89°37' 18" East, 495.88 feet to a found 112" diameter rebar with tag marked"RLS 18215";

Thence North 00°19'21" West, 659.45 feet to a found 112" diameter rebar with plasticcap marked ''RLS 18215" on said north .line of Section 3 1;

Thence North 89°39'00" East, 827.35 feet along said north line of Section 31 to a found1/2" diameter rebar with plastic cap marked <CRLS18215";

Thence North 89°37'28" East, 661.65 feet along said north line of Section 31 to thePOINT OF BEGlNNING.

CONTArwNG 17,668,330 square feet (405.61 acres), more or less.

Prepared by:James A. Folkers, RLSThe WLB Group, Inc.523 N. Beaver StreetFlagstaff, A2 86001Job No. 309021AOOl EXPIRES 12-31-2011

Z lI8IHX3

NOV-15-2010 09:53 From:DEPTOFJUSTICE 19288716200 To:LewiS and Roca LLP P.2/4

DECLARATION OF MARK GRANT

I, MARK GRANT, declare as follows, upon oath and under penalty ofperjury:

1. I am the Controller for the Navajo Nation (the "Nation") and, pursuant to 12

N.N.C. § 203, serve as the Chairman of the Investment Committee of the Navajo Nation (the

"Investment Committee"), and in such capacity help manage the investment program of the

Nation, including the investment of the Navajo Nation Master Trust Fund. r make this

Declaration under oath and upon my own personal knowledge. I am competent to testify to the

matters herein.

Background

2. The Nation is a federally recognized Indian Tribe. The Navajo Nation Gaming

Enterprise ("NNGE") is a legal entity wholly owned by the Nation, which has operations in

Arizona and New Mexico for the benefit of the Nation. Pursuant to 12 N.N.C. § 2201 et seq., the

revenues received by the Nation from NNGE are to be used by the Nation to fund essential

government programs. These revenues are expected t? become an important source of funding to

the Nation in providing essential governmental services and meeting its financial obligations.

3. The Nation's investments are managed pursuant to the Navajo Nation Master

Investment Policies, as recommended by the Investment Committee and as approved by the

Budget and Finance Committee of the Navajo Nation Council (the "Budget and Finance

Committee").

4. The Nation and NNGE have extensive economic development plans involving

approximately 405.61 acres of land located in Coconino County, Arizona (the 'Twin Arrows

Property") and the Nation and NNGE have undertaken several contractual obligations and

incurred significant costs related to the development of the Twin Arrows Property.

5. In addition, the Nation has committed to invest $100,000,000 in the Twin Arrows

Property. By Resolution on July 12, 2010, the Investment Committee authorized and

recommended to the Budget and Finance Committee the investment of $100,000,000 from the

NDV-15-2010 09:53 From:DEPTDFJUSTICE 19288716200 To:Lewis and Roca LLP P.3/4

Master Trust Fund to finance the development and construction on the Twin Arrows Property.

By Resolution on July 26, 2010, the Budget and Finance Committee approved the investment in

the Twin Arrows Property.

6. For the Nation to invest in the Twin Arrows Property and have the opportunity to

realize the potential returns associated with such investment, the Twin Arrows Property must be

free and clear of any liens or encumbrances on the title to the Twin Arrows Property.

7. A Notice of Lis Pendens was recorded in the Coconino County Recorders' Office,

on October 22,2010, by Don Ycllowrnan in his capacity as president of The Forgotten People.

The Notice purports to be based on a lawsuit pending in the District Court of the Navajo Nation

(the "Civil Accounting Complaint").

8. The Civil Accounting Complaint does not reference the Twin Arrows Property or

include any allegations that suggest that Mr. Yellowman or The Forgotten People have a claim to

the title to the Twin Arrows Property. Rather it seeks an accounting of certain monies held by the

Nation in the Rehabilitation Trust Fund (the ''Fund'').

9. Because the Civil Accounting Compliant involves the Fund and the Fund has no

ownership in or to the Twin Arrows Property, the Civil Accounting Complaint does not affect

title to the Twin Arrows Property. Title to the Twin Arrows Property is properly held by the

Nation.

10. Despite the lack of any relationship between the Civil Accounting Complaint and

the Twin Arrows Property, the Notice of Lis Pendens wrongfully appears on the record of title

for the Twin Arrows Property.

11. Because the mere appearance of the Notice of Lis Pendens creates a cloud on title,

unless the Notice is immediately removed, the Nation will suffer immediate, severe economic

harm, including the loss of returns described above and the loss of amounts already expended in

connection with the development and financing of the Twill Arrows Property.

12. The Nation bas expended significant time and resources and undertaken a variety

of obligations in connection "With development of the Twin Arrows Property. Delays in the

-~

.:NOV-15-2010 09:53 From:DEPTOFJUSTICE 19288716200 To:Lewis and Roca LLP P.4/4

development and construction of the Twin Arrows Property jeopardize the Nation's investment

and, if made, returns on that investment.

13. Without immediate action to remove the Notice of Lis Pendens currently

encumbering the Twin Arrows Property, the Nation will suffer substantial, irreparable harm and

therefore, the Nation requests that the Court take immediate action to remove the Notice of Lis

Pendens from the record of title for the Twin Arrows Property.

14. I do declare under the penalty of perjury that the foregoing is true and correct.

DATED this '2th daYOfNOVembe~ ~

Mark Grant

I'S~SS9f1

£ l.I8IHX3

~-. ,

Official Records of Coconino County 3577765Candace Owens - Recorder 10/22/2010 04:26 PM Pgs: 2

11"~fiillf~~II;illflmH~IW ~~/lllIlaII/11m11I1I11~li!j.00

When recorded, please mail back to:Don YellowmanP.O. Box 1661Tuba City, A2 86045

NOTICE OF LIS PENDENS

Twin Arrows Parcel

A parcel ofland in Sections 31 and 29, Township 21 NorthRange 1 J East, Gila and Salt River Meridian

Coconino County, Arizona

PLEASE TAKE NOTICE that a law suit is pending in the District Court of the Navajo Nation atWindow Rock, Navajo Nation (Arizona) in Cause No. WR-CV-258-10, by The Forgotten People,an unincorporated association within the Navajo Nation, and twelve individuals, against the Navajo-Hopi Land Commission, the Navajo-Hopi Land Commission Office, the Navajo Nation and JohnDoe and Jane Doe for an accounting and other action, and that such suit affects the above-recitedparcel ofland because it involves that certain Navajo Rehabilitation Trust Fund, 25 U.S.c. § 640d-30, established «solely for purposes which will contribute to the continuing rehabilitation andimprovement of the economic, educational and social condition of families and Navajocommunities" that were affected by the Healing decision, the provisions of Subchapter XXII of Title25 of the United States Code or the establishment of Grazing District No.6 by the Secretary of theInterior.

This notice regards that certain parcel ofland popularly known as the "Twin Arrows Parcel," locatedin the north half of Section 31 and the south half of Section 29, in Township No. 21 North, Range11 East, Gila and Salt River Meredian, Coconino County, Arizona and more particularly describedin a certain Parcel Boundary Description prepared by James A. Folkers, RLS and recorded withdocuments relating to transactions among Juniper Mesa Ranch, LLC; the Navajo Nation GamingEnterprise; and the Navajo Nation of Indians; containing 408.11 acres, more or less.

PLEASE TAKE FURTHER NOTICE that the said property and improvements upon it, withresulting income, are subject to a resulting trust in favor of the above-described Navajo families andcommunities that will be the subject of the above-stated litigation and future litigation to be filedfollowing the provision of notices of suit to the President and Attorney General of the NavajoNation, by The Forgotten People and others, to assure that the terms and conditions of the resultingtrust are satisfied and that the fiduciary obligations of the United States and the Navajo Nation to thebeneficiaries of the trust are observed.

Please direct inquiries regarding this notice to The Forgotten People at the address and telephonenumber stated below.

Dated this 22nd day of October, 2010

._--_ __ _------- --------_ ..._-----_._-_._--------

3577765 Pages: 2 of2 10122/201004:26:47 PM

THE FORGOTTEN PEOPLE AND TRUST BENEFlClARlES

By__ ~~ ~ _Don Yello an, President, The Forgotten PeopleP.O. Box 1661Tuba City, Navajo Nation(Arizona) 86045

(928) 401-1777

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Ja,ro¢,$ W, ZiOilArtorn.~yf~rthe Plaintiffs3~O$L~d¢ra Drive N.W.AlbuquerqliejNM8'7120 .

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'lNmE I!lS1lUCT CQURT OFTfIE.NAVAJON.A1IbN

JO'DICIAL DISTRICT OF WINDOW ROCK,NAVAJO NA tIO~ (A.RIZONA)

TIffi:FQRQbTTEWPEO!>.LE"DON YELLOWMAN,JORKLAlN,JbHN BENALLY..... . .. '.. ", . '.'

.REN1;\.BABBITT LANE~GBQR6E-~E; .NORRIS. NEZ,ROBERT BEGAY, SR,LENA NEZ,]0HNKNIGpIT,AUGtJSTA(]ILLWOQl)~GLENNABEDAY, and

. BETTY SCOTT,

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Plaintiffs, NO.JJ.R :tV ·2S~dllv. CtvILAd¢O(]NTrNG-¢~~Lt\1NT

THE NA VAJO;..HOPI LAND'.COMMISSION>.. TPIE NAV AJ0-HOPILAND COMMISSION OFFICE,'

ROMANBItSUIE,ptR.ECtOR OF THENA VAJO",HOPr.tANPCOM1v.(IS$lON. OF'F'JCE;TIm NAV AJONATlON,and,JOID'tboE and JANE -DOE. unknown and unnamed individualsto th duties$ld.r¢SJ?ortSibilities.Uilder expressly applicable laws,

Defendants. -!

COME .1'{OWtheI<6rgottel1People, Don Yellowman, Joe Klaiir,)ohnBenally,RenaBabbitf Lane,

George Kee.Norris Nez, RobertBegay, Sr.,LenaN~z,} OM Kni~ht,Al.lgtl$tGi1lwoQd,dlehba13egay ~..

1

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, .

an<lJ3etty Scott~ plaintiJfs, in~ciyil actionfer an acooUiitlrig and Qthetreliehgamsttthe Navajo-Hopi

Land .Commission; the Navajo. HppiLand Conunissio:nQffi(;e,Romangi~u:ie as. Director of,the

Navajo~.a:6pt·Lllp,d.Comti11§slQh:Office;theNavajoNatlon, and John Doe and Jane Doe, a~fendants,

wperejl1 the:plairrtiffs cOhiplain and SaY:

L

CLAIM.:PAR TtESANDJURlSDrCTION. . . .~. .. .-.... ' . ..... ..... . .. , . '. ..

1. This is anaction on account, or.en-accounting suit. tocompel: the def~n,dants {Q·:giyeaii

accounting.» fall intome,¢xpenses, profits, Jesses, assets, andother filiaticiiu niatrers f6fwmc'li they

have aresponslbility 41lQytstatutes for the Navajo Rehabilha:!jQl1Trust Fund, 25 t1.$.,C. §.646d~30~

Navajo Nation statutespertaining-to uses of monies in the Nl,ivajQ Rehabtlttation rlll~tF.undcgive.I1. .

tothe.NavajoTtibetmder 25 O.S.t.§6iWd-30(d) and pursuatittoan,YfegulatoryJlmitationsorithe,

use of such monies, statutesprovided-forthe Navajo-Hopi, Land-Commission f).t 2 N.N.C~ §'s$51 .

III:

\

through .858 (2005), any Qilierf'ederal orNavaJo N atiOlistafute,pertalnfug to.such monies.ormoni es

for related purposes; and $tatutesat\dlaWpertaining'tb the nduciaty:r:espoilSihilities'tifthedefetid'atits

to'thejberiefiCiaries'ofthe~avajoReha:bi1ita:tion Tiusi,Pundidentlfiedai25 U.S.C.§ 640d":90(d);antl!:

to the Nn.vajo.PebpJe, and the duties and responsibilitiesof'the defendants astrustees 6fihe:N~vajo

2

People andmanagers of the treas'lJI'YoffueNavajoPeople.

2. The Forgetten.People is ail Unincorporated.association of Navajos who. are residents offQ.tn1erland~ witlilnthe HopiReservafion, refugees of r~etUeI.lieQtfrQmsu.ch lands~..resh:ients'ofthe

"Befuiett']?re;eze"area. Qftbe: Westem Ageiicy :of the Navajo Nation, -andrelocatees and refugees

t:e$ic1j.t1gwherevertheyhave be-endriven,. ~d:tlf¢ U11lhcQtppta~d &gs9.¢iation fepresentsthehitetests

ofsuchindlvld1.ials, as-an.advocateon.their behalf

'. --"-"-'-" .-"

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3. Don yeLl(jWman~)o~l<Iain~JohnBeila1Jy~ Re'naBabbittLane,:GeorgeKee;NorriS Nez;

Robert Begay,Sr" L@~ Nez, JdhnKnight;A:l!gusuLGillwQod. (Hennaae!S,ay~ and Bett;y·Scott ate

etitl)tredril:e.tP.bet~.Qf the Navajo Nation.and.merabers.offamilies andNa vaj:ocommUtlitie§'(;3..ff'ec~eQ

by We de(;isionili theH¢aling ease, provisions ,ofSu.bchapter){Xn di1'Hle25 Qfthe~Umf~States

Code, oi.tesidentsof.fotilietre.sidentsof"grazingdlstrictnum.l::le.r6e?tab~ish.edbyiheSecreiaryofthe

Intetibr;benefiCia.ri¢SortheNavajoRehahiliUittouTriist FtiJicfand.Qther likemoriies,setasideJortheir

benefit-and.individuals wb;oselives have been, <ire;and:wiU be impacted.byuses.or misU!~es:Qfwe

Navajo RehablIitanonTrtistFund as the moniesof sllchfund have been, are, or will heaYai'ial:)l'e.to

iheNavajo Tribe un.der2SU,$,C.§ Q4Qd~3()(d).

4; The Navajo-Hopi. Land Commission i~·a{)t~Mb:rybod:y 9ftp,eNav~jp Nat,i¢n:6$bl'islled

Within the LegisJativeBra,nch bfthe Navajp NatiohpUfsliarit to 2 N .N.C ..§851 (2005)J6 cMtYotit

the purposes, express or implied; of theCommission pursuant.tq ZN.N ;C.S85;3~(.2oQ'51 'a:n,'d;:QY

information and be1ieI:,'the Navajo Nationentity that-receivesand manages-monies. of the Navajo

Rehabilitation Trus.t Fund,

5. The NitviljO.;.Hop'i Land Commission Office is a statutorybady Qrganized''P~liantto2

ON .N.C;§ 856 (ZOO~) under the direction ofthe President of the Nav.ajoNatlonand, on lrtfottn·ation.

stattl;tdryfunctiOU$:ofille Nava]o-f{opi Land.Commission Offioe :an.d.t1ie NavajCi~HQpi Land

andb:eJief,:ibJ:l;ceiye$andn).anag~smoniesoftheNav.ajoRehabilItafion~ti:u ..~tF1.tndunde:r:;ft~f~Moty

and ..regulatO.lyprdvlslorts ..

<S..Romar; Bitsuie.jhe nrreGtor QftheNl:l.'vajo·Hopi Land.Commi$sionQffice.js a.statutory. . . :. .

9fficia:lwhosetves~dei"the 'direction of the Pre~idenLoftheNava:jo,Nationa.nd who. performs

CotllliirsSlOl1J5fusuailt to2N;N.C.§856 (2005).

3

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7,lJheNavajQNatioiiiSaseit:goveining1ndiannauonrecognized bytreatJ,e,s'wth:thelJriited .

.stat~Qf Am¢.caandit is' the recipient of'funds.in the Navajo Rehabilitation 'IrustFund pursuant:

to. 25'U.s,C~ $ 640d':30(d)Jof the rehabilitation and ~mprovementOf'th(':,~cpn:oil1t¢;eduqatiol1a1~;a,p:<L

spciAl cpr1dttiOIr()ff~i1i:es:tlnd Navaj 0 cQrnfriuniticsafi'ected by'the Healing.case, subchaPter~XXII

ofTitle2S ofllieUruteclSt~t~sGode~ and the c$tab1ishmellf of:gf<l.Zingdistdctiiuttlber 6,as,laniffot

the ex.clusivetise oltheHopi Tribe., .- ..----------.

8. This is an-action against IhdividUalddendants as' 6ft'ic:ers;emplo-yees',ot'agents of the

NavajO-Nation, and ofthe stated entity defendants. t.090JTIpel them to perform Jh~ir duties and'

tespohsjbilitie$Uriderexpr.e'sslyappIicable-laws of the UnitedStates and of the Navajo. Nation;

including obligations Wprop'erly manage the moniesofthe NavajpPeople and .give the.named

plaintiffs due. process of law under the Navajo Nation Bill of Rights" :AAgother' rights,With

aceompanyingretrredies, andpursuanttoth~irtrustand fiducl~r~pohSjbilitiesuncietNavajoNati6ri

law. andthis.honorable court'haspersonal ancls'4'bjectma,tterjurisdictionpursu.aIltto ::Z'N:.N;C: S'

554(<]) .(1005).

9 ~.The plaintiffs provided the notice.require,g by 2N.:N'.C~S ~-S5(!\) (?b05}onJune':?:81'2iH ()~

and the samewas received by the President and theAttorn~yGeneralQftheNav~jo Natiqn1hirty E~O)

days>or mot'e,p.riorlo the iflitiatio:nof this action by the filihg of'this compla1rit

I 0; This court.has fun oii'gihalpytSbnW.' and subJ¢ctrt1~ri¢tjmis,iitCtion 'o\!et'thep~es aridr .',!

subjectmatterof'this action.

It

DEFENI)ANT DlITtES

11. 'TheNavajc Rehal?iJitatiouTrllStFuP-d YV~Qriginal1yestab}i~h¢q Putsuantt!ySectlon32

4

..;~.:;;-::;~:>;.

.. : :"!::,:~~·~;~~"!;~{;r:'-;~~f:2·.~:~::= . ".:;::;:::~:::-:~:; .~;=:;:;.~;.:::''~~~i~?'·

,

of'Public.Law No. 93-531 (1974); andthe same is codified in Chapter XXIlQf'titie 25:of.th¢,.tlhited

StatesCode ,atZS'U.S.C. §, 640d.,30.

12. 1.~N:avaj()Re1wpilitationTtiistFund is afrQStf't:ilid e$tabllshed:iritheT:-re~Il1)'()nhe

United' States.and ltconsists of'funds transferred untie! the statue, and,~yirt.rerest ~r in;~e-~¢nt

incorneaccrued under such.funds, pursuanrto. 2S D.S.C. §640d-30(a).

IS. F.Ulidsof :the,Nllvajo R.ehabili~tion 1'111$t FUIid,ihd~dit):giltMtied,itlterestQririveStriient

income, are-made available-to the Navajo Tribe "solely for-PJJI:pos~ Which '"o/iUCQl!-pi'b\lte to the

ConHh.Lling rebabm~Hon,a:od 'improvement 'Of the, economic, ,edu:catlonal, and,social'cohditiotL<:if

families andNavajo communities' thathavebeenaffected by the HealiIlg <;W;¢l-fue prCiyistojJ.$'of

Subchaptet.kXtlof Tl'i1e 25 of the United States Code, or the.establishment of,:grazil:rgW~~:N'Q .

.6 as lanrlforfhe exclusive use of the I-IQpiTrit:;e,bythe SettetaryoftheIntenor,pursuantto25 U.S;C.

§ 640d~30(¢Y-.

J4,$'l;'I¢h funds are to beexpehded pm:suant to. a "cdhCeptual,ftaroewdrk;> fot their

expenditure. that is submitted to Congress pursuant to 2Q'u;s,c~§ 64()d~30(e)';:~danY;:~9h

,CQliCeptuaJ framework constitutes standards: for the expenditure of such funds'biillie defendari:~.,'..

IS. Oninfermation andbelief, the':fundsjn~ludepwni~s$eta~idehyaCOh1paQtexeciJteapy

the Navajo Nation, the Hopi.Tribe and the Secretary of the interior OnNOY~IIlber3, 2Q06j~ees'i1J~eti.,"1 ..

!'

1 Jones.v, Healing, 373 U.S. 758 (1963) (i:l,ffurriing :tila.Icouftdecision),and.assoclaied'Iitigation. .' . .' .

i This was an.appeal ofthedismissal oianlrction: by the ForgQtten People and Qthe~challenging the validityofthe Compact, anditgivesgreater information OIlthe@lt1pact.

v'Shirley; No~'S(;,-CV.•2J-07(Nav. SliP. Ct. Nov:einber29" 2007)} thatate,'sh6iildhe;,orwi1lbe~part

i'·i': of the Navajo.Refiabilitation trust Fu.nd, :andInanyevent, su~hfunds are-also i.ncluaed,hitheS90p~

5

I""'~i~;; ;~:~'~!~;::;:!;;:~.:;:,;>.::- _. :: .. _.-'~;":';:-:".-":-=::ii'~~-~;o:~·-'"'~'-'.

Cifthis:aetiO:ri whetherot not: they are 'part ofsuch.fund,

t6.0ndn(otrtultionMd belief, theN'avajoRehabilitatioh Trust Pund.aiso ¢ortslsts Qf~$ets,

income and monies from the "Paragon Ranch" ofnorthwestNewMe.Xico~ an<:tsuch fj:mq~~eal§p

included .hi the scopeofthis ~ctibiiWh¢ther,otnotth¢y are part ofthefuird ..

17. The (jefen<:t!illts,~!5~gen~ofthe Nav~joTriqe~underthereferenced $:tU¢'andun(i¢r the

termsof the Nav~io:"Hopi Compact and documents pertainingteParagonRaneh.iowe trust and

fidu<iimr obligations to. the plaintiffs, th.e 11,am.e.d$tatUtQry·b.etl~Ci}Uy class and fueNayaJo.:PeJ>pie,

for the management of such funds and monies .and the are liable to account for their stewardship of

sueh;fund~.

18. The piailltiffs; haveno adequate remedyat law fqrthe fac.t1l~4ll;1atters rel~edfu this

coniplafnt, and suchispartlCulaHy so because of'thesovereign immtinityo:fthe:NaYajo.:N3'tioil"OY. . .

Q

st~tut~Of oth:~.rWi.se.

WHEREFORE the plaintiffs. claim declaratory.orprcspective mandamus.ordnjunctive reliefi·

wuethel'Such is ptelitp.in:a:ry orpermanent, to require-the named defendants, or theirag'ei1t~~to.pro.Yi'de~

.. the plainti1fS with aJull and complete accounting o,f1hemanagement and steward~hip .oNhef1iil:d$

i."

recitedin th1scomplainttothepla:hitiffs~ including.'butnot.Hinited to income and expenses, profits

and Iosses.c,o:;:n:misslori:$,accQuntsteceiYable;.eff6rtsb¢mglt¢di;<ip collect ~yacc-o:tu1ts !e<;efvapie;

.theirattomey' fees and 'costs; and any other. and further .relie:ras may 'be provided in law; equity 'Or

ndlyeeh.

The plaintiffs pnay and Claim aU remedies that may be-available to.assurethat-there.is a full

accounting ofall funds and, moriiesset aside for the benefit, of thepll3.ihtiffs andtheitclas'sas

survivorsof'the so-;.caHed"Navajo-Hopi Land Dispute."

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, ."S, ;-::ii-:~;':lr'-" :~::- ~:--. " .. -:: :2':;,~·.:'''-::=:::::<.; .:;::- ::-,'""

Dated this4 Ihday QxAuj$.ust,ZO 10.

'ptAlNTIEFS" THE FORGottEN PEOPLE mtdothers. ~ '" ".. '. _ ,- ." .~

. .< (\ >- .,n. . . Y; ,/ny. 7.)

7

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;:

DECLARATION OF ROBERT WINTER

I, ROBERT WINTER, declare as follows, upon oath and under penalty of

perjury:

I. I am the Chief Executive Officer for the Navajo Nation Gaming

Enterprise (the "NNGE"), and make this Declaration under oath and upon my own

personal knowledge. I am competent to testify to the matters herein.

Background

2. On August 16,2010, the NNGE purchased certain property located

in Coconino County, Arizona consisting of approximately 405.61 acres and referred

to as the "Twin Arrows Property". The NNGE on behalf of the Navajo Nation has

extensive plans to develop the Twin Arrows Property for economic development

purposes.

3. On August 25, 2010, the NNGE gifted the Twill Arrows Property

to the Navajo Tribe of Indians (the "Navajo Nation") with the understanding that the

Twin Arrows Property would be leased back to the NNGE so that the NNGE could

proceed with its development plans. A deed demonstrating the Navajo Nation's

ownership of the Twill AlTOWS Property is attached as Exhibit A. Accordingly,

neither the Navajo Hopi Land Commission Office, nor its Rehabilitation Trust Fund,

have any ownership interest in the Twin Arrows Property -- nor any title, legal or

equitable, to that land.

4. In connection with the NNGE's plans to develop the Twin Arrows

Property, the NNOEhas obtained financing that requires that the NNOE demonstrate

in advance tha.t the Tv/in Arrows Property has no liens or encumbrances that

negatively impact the title to the property.

c:

Fili11g of Notice of Lis Pendens

6. On October 22, 20J 0, Mr. Don Yellowman in his capacity as

president of The Forgotten People, recorded a Notice of Lis Pendens in the Coconino

County Recorders' Office, encumbering title to the Twin Arrows Property. The

Notice purports to be based on a lawsuit pending in the District Court of the Navajo

Nation (the "Civil Accounting Complaint").

8. Notably, the Civil Accounting Complaint does not reference the

Twin Arrows Property or include any allegations that suggest that M.T. Yellowman or

the Forgotten People have a claim to the title to the Twin Arrows Property. Rather,

the referenced Civil Accounting Complaint seeks an accounting of certain monies in a

fund held by the Navajo Nation.

9. Despite the lack of connection between the Civil Accounting

Complaint and the Twin Arrows Property, the Notice of Lis Pendens wrongfully

appears on the record of title for the Twin AITOWSProperty:

10. The mere appearance of the Notice of Lis Pendens creates a cloud

on title and unless the Notice is immediately removed, the NNGE will not be able to

meet the conditions tor its financing.

11. As a result, the NNGE may lose approximately $ 100 million

dollars in funding for the development of the Twin Arrows Property:

1.2. Further, the NNGE will lose the benefit of all the pre-development

work it has paid for thus far. Specifically, the NNGE has already spent millions of

dollars in planning, pre-development costs, engineering, surveying and related costs

for the Twin Arrows Property and the NNGE has entered into architectural and

construction contracts which required substantial non-refundable payments. All of

these expenses would be for naught if the Notice of Lis Pendens remains on the

2

z-

record of title for the Twin Arrows Property and the NNGE loses its financing as a

result.

13. Further, there are intangible benefits related to the development of

the Twin Arrows Property that would be lost if the Notice of Lis Pendens remains as

a cloud on title. Significantly, the development of the Twin Arrows Property was

expected to create over 1,000 construction jobs and 1,200 permanent jobs. Without

financing, these jobs will not become a reality.

14. Given the current economy, obtaining financing for economic

development projects is especially challenging and there are no assurances that

another lender would be willing to fund the project. In fact, if the NNGE loses

funding for this project, it is probable that the NNGE may not ever be able to move

forward on this project and the costs, both tangible and intangible, to the NNGE and

the Navajo Nation are astronomical.

15. Without immediate action to remove the Notice of Lis Pendens,

the NNGE and Navajo Nation will undoubtedly suffer substantial, irreparable harm.

1declare under penalty of perjury that the foregoing is true and correct,

. r""Executed this"L....£ day of November 2010.

Robert Winter

3

l'S~SS9£l

't/ .lI8IHX3

--

.~v ••• ~.d.necords of Coconino County 3571763Candace Owens - Recorder 08/25/2010 09:56 RM Pgs: 12PIONEER TITLE AGENCY 0 $21.00111I111f 11111I11111111111111I1111111111 111111111111111I11111111I111111111111111111111~

WHEN RECORDED PLEASE MAIL TO:

Lewis and Roca LLPAttn: Kerry K. Patterson40 North Central AvenuePhoenix, AZ 85004-4429

File # 858076 WEEEXEMPT UNDER ARS 11-1134 A7

SPECIAL WARRAN1'Y' DEEDCONVEYING FEE LAND TO THENAVAJO NATION OF INDIANS

I

SPECIAL WARRANTY DEED COl\'VEYING FEE LAND TOTfIE NA VAJO NATION OF INDIANS

TI-llS IND ENTIJRE is entered into this Q~ay of August, 2010, by and between theNavajo Nation of Indians (the "Navajo Nation") and the Navajo Nation Gaming Enterprise, awholly owned enterprise of the Navajo Nation.

WITNESSETH:

WHEREAS, the Navajo Nation Gaming Enterprise has agreed to convey 405.61 acres offee land known as the Twin Arrows Parcel (defined below) to the Navajo Nation for the usesdescri bed herein;

WHEREAS, pursuant to Navajo-Hopi Land Commission of the Navajo Nation CouncilResolution No. NHLCMA-02- i0, March 10, 2010, the Navajo-Hopi Land Commission selectedthe Twin Arrows Parcel for purchase acquisition and conveyance to Navajo Nation and thereafterconveyance to the United States of America in trust for the benefit of the Navajo Nation.

WHEREAS, the Twin Arrows Parcel shall be used solely for the benefit of Navajofamilies residing on Hopi-Partitioned Lands awaiting relocation in accordance with 25 U.S.c.§640-10(h);

WHEREAS, pursuant to the Navajo and Hopi Indian Relocation Amendments Act of1980, also known as Section 4 of Public Law 96-305, approved July 8, 1980, 94 Stat. 930,(codified at 25 U.S.c. § 640d-l0 (a) (2)), the President of the Navajo Nation is authorized toaccept title on behalf of the Navajo Nation;

NOW, THEREFORE, the Navajo Nation Gaming Enterprise has granted and conveyed,and by these presents does grant and convey unto the real property described in the Legal LandDescription attached hereto and incorporated herein by this reference as Exhibit "A"(the "TwinArrows Parcel") to the Navajo Nation and thereafter conveyance to the United States of Americain trust for the benefit of the Navajo Tribe;

TO HAVE AND TO HOLD all and singular the said lands and premises, together withthe rights and appurtenances, thereunto in anywise belonging, unto the Navajo Nation, subject toprior conveyances and reservations of the minerals in, on, and under the described lands asshown of record, patent reservation, easements, and rights-of-way of record, and other statedencumbrances, including those dedicated to the unincorporated village and county of zoning ordedication of subdivision plats and restriction thereof.

The Navajo Nation Gaming Enterprise does hereby covenant and agree to and with theNavajo Nation to warrant and defend the title to the above-described real property during theperiod of ownership by the Navajo Nation against all persons lawfully claiming or attempting toclaim the same or any part thereof.

z:

fN WITNESS WHEREOF, the Navajo Nation Gaming Enterprise Chief Executive Officeand the President of the Navajo Nation has each set his hand and seal this _ day of August,2010.

NA VAlO NA nON GAMING ENTERPRISE, awholly owned enterprise of the Navajo Nation

By:Name: Robert WinterTitle: Chief xecutive OfficerDate:

Accepted:

Joe Shirley, Jr., PresidentNavajo Nation

Date

-c:

CERTIFICA TION

STATEOF _ )) ss.

COUNTY OF )

On this day of August 2010, Joe Shirley, Jr. appeared before me andacknowledged himself to be the President of the Navajo Nation, and that he, being authorized soto do, executed the foregoing instrument for the purposes therein contained by signing his nameas its authorized agent of the Navajo Nation.


Notary Public


STATE OF {Jew ('rtp'/J aD) 55.

COUNTY OF rY'tLn~ )On this JJ!!-day of AUgu5~ 2010, Robert Winter appeared before me and acknowledged

himself to be the Chief Executive Officer of the Navajo Nation Gaming Enterprise, beingauthorized so to do, executed the foregoing instrument for the purposes therein contained bysigning his name as its authorized agent of the Navajo Nation Gaming Enterprise.

My Commission Expires:-'MuaH ,L c2tJ /;L

In witness whereof Ihereto set my hand and OffiCi~

NOtaryP~

8)OFFICIAL SEAL.. . CHRISTINE LOHNES

NOTARY PUBLICSTATE OF NEW ~EXICO .

My Cormi3BIoo ~ cJ-/ ~/J

fN WITNESS WHEREOF, the Navajo Nation Gaming Enterprise Chief Executive Officeand the President of the Navajo Nation has each set his hand and seal this _ day of August,2010.

NA V AJO NATION GAMING ENTERPRISE, awholly owned enterprise of the Navajo Nation

8y: _Name: Robert WinterTitle: Chief Executive OfficerDate: -------------------

Accepted:

()Date

;;

CERTIFICATION

STATE OF RV!2-<-?VlPv)

) ss.COUNTY OF hAC k&)

On this ~Lff1-- day of August 2010, Joe Shirley, Jr. appeared before me andacknowledged himself to be the President of the Navajo Nation, and that he, being authorized soto do, executed the foregoing instrument for the purposes therein contained by signing his nameas its authorized agent of the Navajo Nation

In witness whereof [ hereto set my hand and official seal.

~ t~/c~L- 0<::~Notary Public

My Commission Expires: ~I rs I 2A..fJ ( 2- i~'.IVCORET A KEETO

NOT ARY puBLIC A.RJZONA

APACHE COUNlYMy Commission Exrnres

June 08. 2012

STATE OF ---- )) 5S.

)COUNTY OF _

On this __ day of August, 2010, Robert Winter appeared before me and acknowledgedhimself to be the Chief Executive Officer of the Navajo Nation Gaming Enterprise, beingauthorized so to do, executed the foregoing instrument for the purposes therein contained bysigning his name as its authorized agent of the Navajo Nation Gaming Enterprise.


Notary Public


NOildTCf:JS30 QNVllVD31:V lJ8]HX3

PARCELBOUNDARYDESC~TION

A portion of the north half of Section 31, and the south half of Section 29, Township 21North, Range J 1 East, Gila and Salt River Meridian, Coconino County, Arizona,described as foUows:

BEGINNING at a set aluminum cap marked "RLS 18215" at the comer common toSections 29, 30, 3 J and 32, Township 21 North, Range 11 East, Gila and Salt RiverMeridian, Coconino County, Arizona;

Thence North 00°25' 51" West, 460.17 feet along the west line of said Section 29 to afound 1/2" diameter rebar with plastic cap marked "RLS 18215";

Thence continuing North 00°15' 5 J" West, 880.64 feet along said west line of Section 29to a found ii2" diameter rebar with plastic cap marked '~S 18215";

Thence continuing North 00°25' 5 1" West, 1297.66 feet along said west line of Section29 to a found U.S. Government Land Office brass cap at the west quarter comer of saidSection 29;

Thence North 89°34'49" East, 90.00 feet along the latitudinal mid-section line of saidSection 29 to a set 112" diameter rebar with plastic cap marked "RLS 18215";

Thence South 00°25' 51" East, 935.28 feet along a line parallel with and 90.00 feet east ofsaid west line of Section 29 10 a set 112" diameter rebar with plastic cap marked "RLS18215";

Thence North 44° 11'15" East, 99.65 feet to a set 112" diameter drill hole with brass tagmarked "RLS 18215";

Thence North 88°48 '21" East, 292.56 feet to a set 1/2" diameter rebar with plastic capmarked "RlS 18215" and a point of curvature;

Thence: northeasterly and southeasterly, 142-20 feet along the arc of a 1,500.00 footradius curve, concave to the southwest, having a central angle of 05°25' 53", to a set 1/2"diameter rebar with plastic cap marked "RLS 18215";

Thence South 85°45'46" East, 282.63 feet to a set 1/2" diameter rebar with plastic capmarked "RLS 18215n and a point of curvature;

Thence southeasterly and northeasterly, 313,58 feet along the arc of a 310.00 foot radiuscurve, concave to the northwest, having a: central angle of 57°57'30", to a set 1/2"diameter rebar with plastic cap marked "RLS 18215";

Thence North 36°16'45" East, 332.86 feet to a set! liT' diameter rebar with plastic capmarked "RLS 18215" and a point of curvature;

Thence northeasterly and northwesterly, 128.10 feet along the arc of a 120.00 foot radiuscurve, concave to the northwest, having a central angle of 36°41 '55", to a set 112"diameter rebar with plastic cap marked "RLS 18215'"';

Thence North 00°25'11" West, 378.02 feet to a point on said latitudinal mid-section lineof Section 29 and the south line of ANTELOPE HILLS as recorded in Instrument No.3438078, RCe, from which a \;2" diameter rebar with cap marked "WITNESSCORNER" lies North 00°25' 11" West, 75.00 feet;

Thence North 89°34 '49" East, 920.62 feet along said latitudinal mid-section line of saidSection 29 and said south line of said ANTELOPE HILLS to a found 1/2" diameter rebarwith plastic cap marked "RLS 18215" at the southeast comer of said ANTELOPE HILLSand the southwest corner of that parcel described in Docket 1810, Page 456, RCC;

Thence continuing North 89°34 '49" East, 110.50 feet along said latitudinal mid-sectionline of said Section 29 and the south line of said parcel described in Docket 1810, Page456, RCC to a found 112" diameter rebar with plastic cap marked "RLS 18215" at thesoutheast corner of said parcel;

Thence continuing North 89°34'49" East, 224.26 feet along said latitudinal mid-sectionline of said Section 29 and the south line of said parcel to a found 1/2" diameter rebarwith plastic cap marked "RLS 18548" at the center quarter corner of said Section 29;

Thence North 89°34'22" East, 985.24 feet along said latitudinal mid-section line of saidSection 29, the south line of said parcel, and the south line of that parcel described inDocket 1566, Page 60, RCC, to a found u.s. Government Land Office brass cap on thewest line of the Navajo Indian Reservation per Executive Order November 14, 1901;

Thence South 00°21 '46" East, 1299.10 feet along said west line to a found 1/2" diameterrebar with plastic cap marked "RLS 18215";

Thence continuing South 00°21 '46" East, 1342.25 feet along said west line to a foundU.S. Government Land Office brass cap marked "MI· NlR?' at the intersection of saidwest line and the line common to said Sections 29 and 32;

Thence South 89°37'12" West, 985.03 feet along the south line of said Section 29 to afound 112" diameter rebar with tag marked "RLS 18215" at the south quarter corner ofsaid Section 29;

Thence South 89°36'50" West, 184.95 feet along said south line of said Section 29 to afound 1/2" diameter rebar with plastic cap marked "RLS 18215";

Thence continuing S:outh 89°36' 50" West, 1135.59 feet along said south line of saidSection 29 to a found 112" diameter rebar with cap marked "RLS 18548";



Thence continuing South 89°38'10" West, 318.08 feet along said south line of saidSection 29 to said set aluminum cap marked "RLS 18215" at said comer common toSections 29, 30, 31 and 32, Township 21 North, Range 11 East, Gila and Salt RiverMeridian, Coconino County, Arizona;

Thence South 00°14'09" East, 1442.34 feet along the east line of said Section 31 to afound 1/2" diameter rebar with plastic cap marked "RLS 18215";

Thence continuing South 00° 14'09" East, 1196.29 feet along said east line of Section 31to a found U.S. Government Land Office brass cap at the east quarter comer of saidSection 31;

Thence South 89°38'03" West, 1455.50 feet along the meridional mid-section line of saidSection 31 to a found 112" diameter rebar with plallsticcap marked "RLS 18215";

Thence continuing South 89°38'03" West, 1184.20 feet along said meridional mid-section line of said Section 31 to a found aluminum cap marked "LS 18548" at the centerquarter corner of said Section 31;

Thence South 89°37' 41" West, 532.09 feet along said meridional mid-section line of saidSection 31 to a found 112" diameter rebar with plastic cap marked "RLS 18215";

Thence continuing South 89°37'41" West, 128.83 feet along said meridional mid-sectionline of said Section 31 to a found 1/2" diameter rebar with broken aluminum cap;

Thence South 89°41 '33" West, 660.12 feet along said meridional mid-section line of saidSection 31 to a found 1/2" diameter rebar with broken aluminum cap;

Thence South 89°36'36" West, 661.07 feet along said meridional mid-section line of saidSection 31 to a found 112" diameter rebar with plastic cap marked "RLS 18215";

Thence North 00°22'23" West, 659.83 feet to 8 set 112" diameter rebar with plastic capmarked "RLS 18215";

Thence North OO~1 '46" West, 659.54 feet to a found 112" diameter rebar with plasticcap marked uRLS 18215";

.,.

Thence North OO~3 '06" West, 329.94 feet to a found 112" diameter rebar wi:th plasticeap marked "RLS 18215";

Thence North OO~3'06" West, 989.81 feet to a found drill bole in rock with a brass tagmarked "RLS 18215" on the north line of said Section 31;

Thence North 89°38'52" East, 1321.10 feet along said north line of Section 31 to a found112" diameter rebar with plastic cap marked "RLS' 18215";

Thence South 00°23'36" East, 1154.89 feet to a found 112" diameter rebar with plasticcap with obliterated markings;

Thence South 89°40'52" West, 132.11 feet to a found 112" diameter rebar with aluminumcap marked "LS 28717";

Thence South 89°39'38" West, 528.45 feet to a found 112" diameter rebar with capmarked "LS 14184;

Thence South 00°23'27" East, 293.62 feet to a found 112" diameter rebar with plastic eapmarked "RLS 182[5";

Thence continuing South 00~3 '27" East, 530.82 feet to a set 112" diameter rebar withplastic cap marked "RLS 18215";

Thence North 89°39'30" East, 528.41 feet to a set liT' diameter rebar with plastic capmarked "RLS 18215";

Thence North 00°23'54" West, 549.91 feet to a found 112" diameter rebar with aluminumcap marked "LS 28717";

Thence North 89°38' 16" East, 792.64 feet to a found 112" diameter rcbar with aluminumcap marked "LS 28717";

Thence South 00°24 '27" East, 550.19 feet to a set 112" diameter rebar with plastic capmarked "RLS 18215";

Thence North 89°37'33" East, 660.15 feet to a set 112" diameter rebar with plastic capmarked "RLS 18215";

Thence North OO~1'31" West, 1319.49 feet to a found 1/2" diameter rebar with plasticeap marked "RLS 18215";

Thence North 89°37'18" East, 495.88 feet to a found 112" diameter rebar with tag marked"RLS 18215";

'.

Thence North 00°19'21" West, 659.45 feet to a found 112" diameter rebar with plasticcap marked "RLS 18215" on said north line of Section 31;

Thence North 89°39'00" East, 827.35 feet along said north line of Section 31 to a found1/2" diameter rebar with plastic cap marked "RLS 18215";

Thence North 89°37'28" East, 661.65 feet along said north line of Section 31 to thePOfr.-TT OF BEGINN1NG.

CONTAINING 17,668,330 square feet (405.61 acres), more or less.

Prepared by:James A Folkers, RLSThe WLB Group, Inc.523 N. Beaver StreetFlagstaff, AZ 86001Job No. 309021AOOl EXPIRES 12-31-201)

9118IHX3

(.

-.NOV-15-2010 10:06 From:DEPTOFJUSTICE 19288716200 To:LewiS and Roca LLP P.3/3

"NOV-15-2010 10:06 From:DEPTOFJUSTICE 19288716200 To:LewiS and Roca LLP P.2/]

DECLARATION OF ROMAN BITSUIE

I, ROMAN BITSUIE, declare as follows, upon oath and under penalty of

perjury:

1. I am the Executive Director of the Navajo Hopi Land Commission

Office of the Navajo Nation ("NHLCO"), and make this Declaration under oath and

upon my own personal knowledge. Iam. competent to testify to the matters herein.

2. The NffLCO manages the Navajo Nation Rehabilitation Trust Fund

(the "Fund") in accordance with the Navajo Hopi Land Settlement Act.

3. The Fund is the subject of that certain litigation styled as "The

Forgotten People, et. al v. the Navajo Hopi Land Commission et. al'', Case No. WR-CV-

258-10 and .filed in the District Court of the Navajo Nation (the "Civil Accounting

Complaint").

4 The Civil Accounting Complaint seeks an accounting of the Fund.

5. The Civil Accounting Complaint is referenced as the basis for the

filing of a Notice of Lis Pendens in the Official Records of the Coconino County

Recorder's Office at Docket No. 3577765 (the "Notice").

6. The Notice is filed against certain property identified as the Twin

Arrows Property and legally described in the Notice.

The Civil Accounting Complaint does not reference the Twin Arrows7.

Property.

8.

Property.

9.

The NHLCO and the Fund have no ownership in the Twin Arrows

Because the Civil Accounting Complaint involves the Fund and the

Fund has no ownership in the Twin Arrows Property, the Civil Accounting Complaint

could not affect title to the Twin Mows Property.

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