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Bank of America, N.A. v. Park Avenue Homeowners' Association

United States District Court, D. Nevada

February 8, 2018

BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, Plaintiff,
v.
PARK AVENUE HOMEOWNERS' ASSOCIATION; and RED ROCK FINANCIAL SERVICES, LLC, Defendants.

          AKERMAN LLP, MELANIE D. MORGAN, ESQ. Nevada Bar No. 8215, JAMIE K. COMBS, ESQ. Nevada Bar No. 13088 Attorneys for Plaintiff Bank of America, N.A.

          PENGILLY LAWFIRM, JAMES W. PENGILLY, ESQ. Nevada Bar No. 6085, ELIZABETH B. LOWELL, ESQ. Nevada Bar No. 8552 Attorney for Defendant Park Avenue Homeowners Association

          KOCH &SCOW LLC, DAVID R. KOCH, ESQ. Nevada Bar No. 8803, STEVEN B. SCOW, ESQ. Nevada Bar No. 9906 Brody R. Wight, Esq. Nevada Bar No. 13615 Attorneys for Defendant Red Rock Financial Services, LLC

          STIPULATION AND ORDER OF FINAL JUDGMENT AND QUIET TITLE

         Plaintiff Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP (BANA) and defendants Park Avenue Homeowners Association (Park Avenue) and Red Rock Financial Services, LLC (Red Rock), stipulate as follows: 1. This matter relates to real property located 35 E. Agate Avenue, Unit # 307, Las Vegas, Nevada 89123, APN 177-21-219-190 (the Property). The property is more specifically described as:

PARCEL I:
ONE (1) ALLOCATED INTEREST (EXCEPT ASSOCIATION PROPERTY) AS TENANT IN COMMON IN THE COMMON ELEMENTS WITHIN PHASE 3 OF PARK AVENUE CONDOMINIUMS UNIT 3 AS SHOWN BY MAP THEREOF ON FILE IN BOOK 110 OF PLATS, PAGE 58, IN THE OFFICE OF THE COUNTY RECORDER OF CLARK COUNTY, NEVADA, AS PHASES ARE ANNEXED, THE ALLOCATED INTEREST FOR EACH UNIT WILL BE A FRACTION, THE NUMERATOR OF WHICH WILL BE ONE (1), AND THE DENOMINATOR, OF WHICH WILL BE THE TOTAL OF ALL UNITS IN ALL PHASES THAT BECOME SUBJECT TO THE DECLARATION.
EXCEPTING THEREFROM ALL LIVING UNITS AND ASSOCIATION PROPERTY IN PHASE 3 OF PARK AVENUE CONDOMINIUMS UNIT 3
AND RESERVING THEREFROM THE RIGHT OT POSSESSION OF ALL THOSE AREAS DESIGNATED AS LIMITED COMMON ELEMENTS AS SHOWN UPON THE PLAT REFERRED TO ABOVE.
AND FURTHER RESERVING THEREFROM FOR THE BENEFIT OF THE OWNERS OF CONDOMINIUMS IN SUBSEQUENT PHASES, NON-EXCLUSIVE EASEMENT ON OVER AND ACROSS THE ASSOCIATION 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 PARK AVENUE CONDOMINIUMS A COMMON INTEREST CONDOMINIUM DEVELOPMENT RECORDED AUGUST 3, 2001 IN BOOK 20010803 AS DOCUMENT NO 00962 AS THE SAME MAY FROM TIME TO TIME BE AMENDED AND/OR SUPPLEMENTED TO WHICH REFERENCE IS HEREAFTER MADE.
PARCEL II:
LIVING UNIT 307 IN BUILDING 6 OF PARK AVENUE CONDOMINIUMS UNIT 3 AS SHOWN BY MAP THEREOF ON FILE IN BOOK 110 OF PLATS, PAGE 58 AND AS SHOWN BY AMENDED PLAT OF A PORTION OF "PARK AVENUE CONDOMINIUMS - UNIT 3" ON FILE IN BOOK 116 OF PLATS, PAGE 100 IN THE OFFICE OF THE COUNTY RECORDER OR CLARK COUNTY, NEVADA.
PARCEL III:
THE EXCLUSIVE RIGHT TO USE, POSSESSION AND OCCUPANCY OF THOSE PORTIONS OF THE LIMITED COMMON ELEMENTS DESCRIBED IN SECTION 2.3 OF THE COVENANTS, CONDITIONS, AND RESTRICTIONS, AND DEPICTED AS GARAGE SPACE G49 WHICH ARE APPURTENANT TO AND FOR THE EXCLUSIVE USE OF PARCEL TWO. PARCEL IV:
A NON-EXCLUSIVE EASEMENT ON AND OVER THE ASSOCIATION PROPERTY (AS DEFINED IN THE DECLARATION) FOR ACCESS, USE, OCCUPANCY, ENJOYMENT, INGRESS, EGRESS AND USE OF THE AMENITIES LOCATED THEREON, SUBJECT TO THE TERMS AND PROVISION OF THE DECLARATIONS, THIS EASEMENT IS ...

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