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Ditech Financial LLC v. Decatur Mountain Villas Homeowners' Association

United States District Court, D. Nevada

January 8, 2018

DITECH FINANCIAL LLC F/K/A GREEN TREE SERVICING LLC; FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiffs,
v.
DECATUR MOUNTAIN VILLAS HOMEOWNERS' ASSOCIATION and G.J.L., INCORPORATED D/B/A PRO FORMA LIEN & FORECLOSURE SERVICES, Defendants.

          AKERMAN LLP Melanie D. Morgan, Esq. Attorneys for Plaintiffs Ditech Financial LLC and Federal National Mortgage Association

          LIPSON NEILSON COLE SELTZER &GARIN, P.C. Karen Kao, Esq. Attorney for Decatur Mountain Villas Homeowners Association

          STIPULATION AND ORDER OF FINAL JUDGMENT CONFIRMING EXISTENCE AND VALIDITY OF DEED OF TRUST

         Plaintiffs Ditech Financial LLC f/k/a Green Tree Servicing LLC (Ditech) and Federal National Mortgage Association (Fannie Mae) and defendant Decatur Mountain Villas Homeowners Association (Decatur), through their counsel of record, being the only parties to have appeared in this action, stipulate as follows:

         1. This matter relates to real property located 4863 Marco Polo Street, North Las Vegas, Nevada, 89031, APN 124-31-415-035 (the Property). The Property is more specifically described as:

Parcel One (1):
An Undivided 1/50th Interest (Except Association Property) in The Common Elements, sometimes common areas, within Phase I of Decatur Mountain Villas (A Condominium Development and Common Interest Community, as shown by map thereof on file in Book 107 of Plats, Page 59, In the Office of The County Recorder of Clark County, Nevada.
Excepting therefrom all living units and Association property in Phase I of Decatur Mountain Villas (A Condominium Development and Common Interest Community.
And Reserving Therefrom The Right to Possession of all those areas designated as Limited Common Elements, Sometimes Exclusive use areas, within the Common Elements, as shown on The Condominium Plat Referred to Above.
And Further Reserving for the Benefit of The Owners of Condominiums in Subsequent phases, a non-exclusive easement on, over, and across the Private Drives and Recreational Areas as defined and shown upon the plat referred to above for ingress, egress, and Recreational Use, subject to the Declaration of Covenants, Conditions and Restrictions for Decatur Mountain Villas Homeowners Association Recorded April 2.2, 2003 in Book 20030422 as Document No. 01346 and Amended and Restated Declaration of Covenants, Conditions and Restrictions for Decatur Mountain Villas, Recorded July 17, 2003 in Book 20030717 as Document No. 00855 of Official Records, To which Reference is hereafter Made.
Parcel Two (2):
Living Unit A in Building Eighteen (18) of Decatur Mountain Villas (A Condominium Development and Common Interest Community, as shown by map thereof referred to above.
Parcel Three (3):
The Exclusive right to use, possession and occupancy of those portions of the Limited Common Elements, sometimes exclusive use areas, within the common elements, described upon plat and referred to in Section 9.6 (b) of The Declaration, which are ...

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