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

United States District Court, D. Nevada

July 1, 2019

BANK OF AMERICA, N.A.; FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff,
v.
PARK AVENUE HOMEOWNERS ASSOCIATION; and RED ROCK FINANCIAL SERVICES, LLC, Defendants. PARK AVENUE HOMEOWNERS ASSOCIATION, Cross Claimant,
v.
RED ROCK FINANCIAL SERVICES, LLC, Cross Defendant.

          MELANIE D. MORGAN, ESQ., REX D. GARNER, ESQ. AKERMAN LLP Attorneys for plaintiffs Bank of America, N.A. and Federal National Mortgage Association

          SEAN L. ANDERSON, ESQ. J. TYLER KING, ESQ. LEACH KERN GRUCHOW ANDERSON SONG Attorneys for defendant and cross-claimant Park Avenue Homeowners Association

          DAVID R. KOCH, ESQ. STEVEN B. SCOW, ESQ. BRODY R. WIGHT, ESQ. KOCH &SCOW LLC Attorneys for defendant and cross-defendant Red Rock Financial Services, LLC

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

          RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.

         Plaintiffs Bank of America, N.A. and Federal National Mortgage Association, defendant and cross-claimant Park Avenue Homeowners Association, and defendant and cross-defendant Red Rock Financial Services, LLC, through their counsel of record, stipulate as follows:

         1. This matter relates to real property located at 35 E. Agate Avenue, Unit 406, Las Vegas, Nevada 89123 (APN: 177-21-219-198) (the Property). The Property is more specifically described as:

PARCEL ONE (1):
AN UNDIVIDED FRACTIONAL INTEREST AS A TENANT IN COMMON IN THE COMMON ELEMENTS AS DEFINED IN SECTION 1.10 OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PARK AVENUE CONDOMINIUMS, A COMMON INTEREST CONDOMINIUM DEVELOPMENT RECORDED IN THE OFFICE OF THE COUNTY RECORDER, CLARK COUNTY NEVADA, ON 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 ("DECLARATION").
EXCEPTING THEREFROM ALL BUILDING UNITS AND ASSOCIATION PROPERTY IN THE PROJECT, AS THOSE TERMS ARE DEFINED IN ARTICLE I OF THE DECLARATION.
AND RESERVING THEREFROM THE RIGHT TO POSSESSION OF ALL THOSE AREAS DESIGNATED AS LIMITED COMMON ELEMENTS IN SECTION 2.3 OF THE DECLARATION AND/OR DESIGNATED AS SUCH UPON EITHER THE PLAT 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, CLARK COUNTY, NEVADA, OR THE PLAT OF ANY OTHER PHASE OF THE PARK AVENUE CONDOMINIUM PROJECT ANNEXED TO SAID PROJECT IN ACCORDANCE WITH THE DECLARATION.
AND FURTHER RESERVING THEREFROM FOR THE BENEFIT OF THE OWNERS OF CONDOMINIUMS (I.E., BUILDING UNITS) IN OTHER PHASES OF THE PROJECT, A NON-EXCLUSIVE EASEMENT OF INGRESS, EGRESS AND RECREATIONAL USE, ON OVER AND UNDER THE COMMON ELEMENTS AS DEFINED SECTION 1.10 IN THE DECLARATION, WHICH EASEMENT IS SUBJECT TO THE TERMS AND PROVISIONS OF THE DECLARATION.
PARCEL TWO (2):
LIVING UNIT 406 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 ...

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