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U.S. Bank National Association v. Thunder Properties Inc.

United States District Court, D. Nevada

April 17, 2018

U.S. BANK NATIONAL ASSOCIATION, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ACCREDITED MORTGAGE LOAN TRUST 2004-2, Plaintiff,
v.
THUNDER PROPERTIES, INC.; PEAVINE ESTATES ASSOCIATION; DOE INDIVIDUALS I through X, inclusive; and ROE CORPORATIONS I through X, inclusive, Defendants.

          WRIGHT, FINLAY & ZAK, LLP Rock K. Jung, Esq. Attorneys for Plaintiff, U.S. Bank National Association

          ROGER P. CROTEAU & ASSOCIATES, LTD. Timothy E. Rhoda, Esq. Attorneys for Defendant, Thunder Properties, Inc.

          STIPULATION AND ORDER TO DISMISS ALL REMAINING CLAIMS WITH PREJUDICE

         IT IS HEREBY STIPULATED, by and between Plaintiff, U.S. Bank National Association, Successor Trustee to Bank Of America, National Association As Successor By Merger To Lasalle Bank National Association, As Trustee For Accredited Mortgage Loan Trust 2004-2 (hereinafter “Plaintiff” or “U.S. Bank”), by and through its attorney, ROCK K. JUNG, ESQ., of the law firm of Wright, Finlay & Zak, LLP, and Defendant Thunder Properties, Inc. (hereinafter “Thunder Properties”), by and through its attorney, Timothy E. Rhoda, Esq., of the law firm of Roger P. Croteau & Associates, Ltd., hereby stipulate as follows:

         STIPULATION

1. The real property which is the subject of this civil action consists of a residence commonly known as 11803 Rocky Mountain Street, Reno, Nevada 89506; APN 086-762-21 (hereinafter “Property”), and is part of Peavine Estates Association (hereinafter “HOA”);
2. U.S. Bank is the holder of a first Deed of Trust securing a loan in the amount of $51, 000.00 made on or about February 19, 2004 (“Note”) by Esther A. Martin (“Borrower”) and recorded on February 25, 2004 in the Official Records of Washoe County, Nevada as Book and Instrument No. 2998391 (“Deed of Trust”);
3. On October 30, 2012, a Notice of Delinquent Assessment and Claim of Lien Homeowners Association was recorded against the Property by Kern & Associates, Ltd., as agent for HOA;
4. On May 1, 2013, a Notice of Default and Election to Sell was recorded against the Property by Kern & Associates, Ltd., as agent for HOA;
5. On August 4, 2014, a Notice of Homeowners Association Sale was recorded against the Property by Kern & Associates, Ltd., as agent for HOA;
6. Pursuant to that Notice of Homeowners Association Sale, a non-judicial foreclosure sale occurred on September 3, 2014 (hereinafter the “HOA Sale”);
7. On September 25, 2014, a Deed in Foreclosure of Assessment Lien was recorded wherein Thunder Properties, Inc. is named as the grantee, and the purchase price is listed as $13, 800.00;
8. On February 21, 2017, U.S. Bank filed a Complaint for Quiet Title and Declaratory Relief, among other claims, against Thunder Properties, Inc. in Case No. 3:17-cv-00110-MMD-VPC;
9. On April 14, 2017, Thunder Properties, Inc. filed its MOTION TO DISMISS FOR FAILURE TO NAME INDISPENSIBLE PARTIES [ECF No. 7];
10. On November 8, 2017, this Court granted Thunder Properties, Inc. and ordered Plaintiff to file an Amended Complaint to ...

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