United States District Court, D. Nevada
WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE HOLDERS OF THE SARM 2005-14 TRUST FUND, Plaintiff,
TIDES I HOA AKA THE SANCTUARY OWNERS ASSOCIATION; NEVADA ASSOCIATION SERVICES, INC.; DOE INDIVIDUALS I-X, inclusive, and ROE CORPORATIONS I-X, inclusive, Defendants.
MELANIE D. MORGAN, ESQ. TENESA S. POWELL, ESQ. AKERMAN LLP
Attorneys for Plaintiff Wells Fargo Bank, N.A., as Trustee
for the Holders of the SARM 2005-14 Trust Fund
AKERMAN LLP Tenesa Powell MELANIE D. MORGAN, ESQ. TENESA S.
POWELL, ESQ. Attorneys for Plaintiff Wells Fargo Bank, N.A.,
as Trustee for the Holders of the SARM 2005-14 Trust Fund
NEILSON, P.C. Peter Dunkley KALEB D. ANDERSON, ESQ. PETER E.
DUNKLEY, ESQ. Attorneys for the Tides I Homeowners
STIPULATION AND ORDER OF FINAL JUDGMENT CONFIRMING
EXISTENCE AND VALIDITY OF DEED OF TRUST
Wells Fargo Bank, N.A., as Trustee for the Holders of the
SARM 2005-14 Trust Fund (Wells Fargo), and defendant Tides I
HOA aka The Sanctuary Owners Association (Tides or HOA)
stipulate as follows:
matter relates to real property located 8037 Arcadian Lane,
Las Vegas, Nevada 89147-3711, APN 163-16-615-037. The
property is more specifically described as:
LOT ONE HUNDRED EIGHT (108) BLOCK TWO (2) OF CIMARRON SPRINGS
- UNIT 1, AS SHOWN BY MAP THEREOF ON FILE IN BOOK 80 OF
PLATS, PAGE 38 IN THE OFFICE OF THE COUNTY RECORDER OF CLARK
A NON-EXCLUSIVE EASEMENT AS TO EACH LOT FOR INGRESS, EGRESS,
USE AND ENJOYMENT IN AND TO THE COMMON ELEMENTS AND PRIVATE
DRIVES AS SET FORTH IN THE DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS FOR THE
SANCTUARY OWNERS ASSOCIATION RECORDED MARCH 25, 1998 IN BOOK
980325 AS DOCUMENT NO. 01108 SUPPLEMENTS IN THE OFFICE OF THE
COUNTY RECORDER OF CLARK COUNTY, NEVADA.
Wells Fargo is the beneficiary of record of a deed of trust
that encumbers the Property and was recorded on March 31,
2005 as Instrument No. 20050331-0003381, in the Official
Records of Clark County, Nevada (the Deed of Trust).
August 3, 2012, Tides recorded a foreclosure deed as
Instrument No. 201208170001129 in the Official Records of
Clark County, Nevada (the HOA Foreclosure Deed), reflecting
that Tides purchased the property at a foreclosure sale of
the property conducted by Nevada Association Services, Inc.
(NAS) on August 3, 2012 (the HOA Sale). Tides has not
transferred its interest in the property and is still the
title holder of record.
June 24, 2015, Wells Fargo initiated a quiet title action
against Tides and NAS in the United States District Court,
District of Nevada, No. 2:15-cv-01204.
Wells Fargo, Tides and Bank of America, N.A. have entered a
confidential settlement agreement in which they have settled
all claims between them in this case. This stipulation and
order applies to the matters addressed in this particular
case only and has no relevance to any other matter. ///
Deed of Trust survived and was not extinguished in any
capacity by the HOA Sale. The Deed of Trust remains a valid
encumbrance against the property following the recording of
the HOA Foreclosure Deed, and Tides' ownership interest
in the property is subject to the Deed of Trust. Nothing in
this Order alters the ...