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PARKWAY BANK AND TRUST CO. v. ZIVKOVIC

No. 1 CA-CV 12-0612.

304 P.3d 1109 (2013)

PARKWAY BANK AND TRUST COMPANY an Illinois banking association, Plaintiff/Appellee, v. Joseph ZIVKOVIC and Deanna Zivkovic, husband and wife; Equinox Development Corporation, an Illinois corporation, Defendants/Appellants.

Court of Appeals of Arizona, Division 1, Department A.

June 13, 2013.

Attorney(s) appearing for the Case

Charles L. Firestein, P.C. by Charles L. Firestein , Phoenix, Leighton & Abdo, PLLC, by Nicholas C. Abdo , Jason D. Leighton , Joshua W. Leighton , Scottsdale, Attorneys for Appellant.

Tiffany & Bosco, P.A. by Michael A. Bosco, Jr. , Kevin P. Nelson , Paul D. Cardon , Phoenix, Attorneys for Appellee.

OPINION

HALL, Judge.*

¶ 1 This appeal presents the issue whether the anti-deficiency protections afforded by Arizona Revised Statutes (A.R.S.) section 33-814(G) (Supp. 2012) may be prospectively waived by the trustor. Because we conclude that such protections serve an important public purpose and may not be waived, we vacate the partial summary judgment for Parkway Bank and Trust Company (Parkway)

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