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Bank of America, N.A. v. Decatur Mountain Villas Homeowners Association, Inc.

United States District Court, D. Nevada

March 30, 2018

BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP, AND FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff,
v.
DECATUR MOUNTAIN VILLAS HOMEOWNERS' ASSOCIATION, INC. AND G.J.L., INCORPORATED D/B/A PRO FORMA LIEN & FORECLOSURE SERVICES. Defendants.

          ARIEL E. STERN, ESQ. Nevada Bar No. 8276 VATANA LAY, ESQ. Nevada Bar No. 12993 AKERMAN LLP Attorneys for plaintiff Bank of America, N.A. and Federal National Mortgage Association.

          LIPSON NEILSON COLE SELTZER &GARIN, P.C. Karen Kao, Esq. Nevada Bar No. 14386 Attorneys for Decatur Mountain Villas Homeowners Association

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

         Plaintiffs Bank of America, N.A., successor by merger to BAC Home Loans Servicing, LP, fka Countrywide Home Loans Servicing, LP (BANA) 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 4852 Partegus Street, North Las Vegas, Nevada, 89031, APN 124-31-415-001 (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 1 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, Clark County, Nevada.
Excepting Therefrom all Living Units and Association Property in Phase 1 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 Therefrom for the benefit of the Owners of Condominiums in subsequent phases, a non-exclusive easement on, over and across the Private Drive 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 22, 2003 in Book 20030422 as Document No. 01346 and Amended and Restated Declaration of Covenants, Conditions and Restrictions for Decatur Mountain Villa, 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 1 of Decatur. Mountain Villa (A Condominium Development and Common Interest Community), .as shown by map 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 the plat and as referred to in Section 9.6(b) of the Declaration, which are ...

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