         FACTUAL AND PROCEDURAL BACKGROUND

       The Royal Stoner Ranch bordered Chacon’s 823-acre property on the west. The ranch was

encumbered with an easement providing a legal means of ingress and egress from a public road to

the Chacon property. At some point in 2000, a fence was erected along the property line for the

purpose of managing the Royal Stoner Ranch’s deer population. The fence obstructed the

easement. The record supports Chacon was unaware the deer fence had been built, much less any

repudiation of the easement. In 2006, the Royal Stoner Ranch was partitioned and a substantial

portion was sold to Allan Bloxsom and his related corporate entities, including the Schuhardt

Consulting Profit Sharing Plan (collectively Schuhardt). The purchased propertyon September 26th.

       Double Knobs’s October 2012 payment was not received by the first of the month. On

October 2nd, Longhurst texted Carlton Thompson, one of Double Knobs’s two principals,

notifying him the payment was overdue. Neither Thompson nor anyone on behalf of Double

Knobs responded to the text.

       On October 3, 2012, Schuhardt notified Double Knobs by correspondence that it was the

owner and holder of the Note. The letter stated that payment was due on the first of the month and

that Double Knobs’s failure to make the monthly payment on October 1st constituted default.

       . . . Schuhardt Consulting Profit Sharing Plan, as the Payee, has elected to and does
  