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Bank of America, N.A. v. Sunrise Ridge Master Homeowners Association

United States District Court, D. Nevada

July 22, 2019

BANK OF AMERICA, N.A., Plaintiff,
v.
SUNRISE RIDGE MASTER HOMEOWNERS ASSOCIATION; DAISEY TRUST; and NEVADA ASSOCIATION SERVICES, INC., Defendants. DAISEY TRUST, Counterclaimant,
v.
BANK OF AMERICA, N.A., Counterdefendant.

          AKERMAN LLP DARREN T. BRENNER, ESQ., SCOTT R. LACHMAN, ESQ. Attorneys for Bank of America, N.A.

          LIPSON NEILSON P.C. J. WILLIAM EBERT, ESQ., MEGAN H. HUMMEL, ESQ. Attorneys for Sunrise Ridge Master Homeowners Association

          ORDER RE: STIPULATION AND ORDER DISMISSING CLAIMS AGAINST SUNRISE RIDGE MASTER HOMEOWNERS' ASSOCIATION

         1. Plaintiff Bank of America, N.A. (BANA) and defendant Sunrise Ridge Master Homeowners Association's (Sunrise Ridge) by and through their undersigned counsel, stipulate as follows:

         2. This matter relates to real property located at 3883 Winter Whitetail Street, Las Vegas, Nevada 89122, APN 161-15-811-066 (the "Property"). The Property is more specifically described as:

PARCEL ONE (1):
Lot One Hundred Forty-Six (146) in Block Eight (8) of DESERT INN MASTER PLAN PARCEL C as shown by map thereof on file in Book 113 of Plats, Page 83 and Amended by Certificate of Amendment recorded January 5, 2004 in Book 20040105 as Document No. 01034, in the Office of the County Recorder of Clark County, Nevada.
Reserving therefrom a non-exclusive easement for ingress, egress, use and enjoyment and public utility purposes, on, over and across the private streets and common areas on the map referenced hereinabove.
PARCEL TWO (2):
A non-exclusive easement for ingress, egress, use and enjoyment and public utility purposes on, over and across the private streets and common areas on the map referenced hereinabove, which easement is appurtenant to PARCEL ONE (1).

         APN 161-15-811-066

         3. BANA is the beneficiary of record of a deed of trust recorded against the Property in the Clark County Recorder's Office on January 28, 2005 as Document No. 20050128-0000639 (the Deed of Trust), which was executed by Michael Delapaz, Carolyn Delapaz, and Ludivina Catacutan to secure a promissory note in the original amount of $220, 864.00.

         4. On August 30, 2012, Sunrise Ridge recorded a Foreclosure Deed as Instrument Number 201208300003537 of the Official Records of Clark County, Nevada (the HOA Foreclosure Deed), reflecting that Daisey Trust acquired the Property at the foreclosure sale of the Property held August 24, 2012 (the HOA Foreclosure Sale).

         5. On March 3, 2016, BANA initiated a quiet title action related to the Property in the United States District Court, District of Nevada, No. 2:16-cv-00467 (the Quiet Title Action).

         6. BANA and Sunrise Ridge have entered into a confidential settlement agreement in which they have settled ...


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