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U.S. Bank, N. A. v. Guevara

United States District Court, D. Nevada

September 10, 2019

U.S. BANK, NATIONAL ASSOCIATION, as Trustee for LSF9 Master Participation Trust Plaintiff,
v.
WARREN M. GUEVARA, an individual; CITIBANK, N.A., a national association; and DOES 1 through 10, and ROES ENTITIES 1 through 10, inclusive. Defendants.

          NATHAN F. SMITH, Attorneys for U.S. Bank. National Association

          CHRISTINE A. ROBERTS, Attorneys for Plaintiff

          DEFAULT JUDGMENT AGAINST WARREN GUEVARA

         A Motion to Enter Default Judgment having been duly made by Plaintiff for judgment against the Defendant, Warren Guevara, and the Default of said Defendant having been entered for failure to answer complaint, and it appearing that said Defendants are not in the United States military service nor infants, or incompetent people. In good cause appearing therefore, the court makes the following findings of fact and conclusions of the law and orders the following:

         FINDINGS OF FACT AND CONCLUSIONS OF LAW

         1. On or about August 23, 2006, for valuable consideration. Defendant Guevara executed and delivered to the lender, First West Mortgage Bankers, Ltd. a promissory note dated August 23, 2006 ("Note") in the original principal amount of $206, 500.00.

         2. On August 25, 2006, in order to secure payment of the Note, Defendant Guevara executed and delivered to the lender named therein, a deed of trust ("Deed of Trust"), which was recorded on August 30, 2006 in the Clark County Recorder's Office as Instrument No. 20060830-0005652, regarding real property located at 3962 Shimmering Plains, Las Vegas, Nevada 89129 ("the property").

         3. Plaintiff is the current owner and holder of. and is entitled to payment pursuant to, the Note and Deed of Trust. As such, Plaintiff is entitled to enforce the Note and Deed of Trust pursuant to an Assignment of Deed of Trust.

         4. Plaintiff and its assignors have performed all of its obligations under the Note and Deed of Trust.

         5. Pursuant to the terms of the Note and Deed of Trust, Defendant promised and agreed to pay the Plaintiff monthly installments beginning at $1, 410.47 each, commencing on October 1, 2006 and continuing through and including, with one final payment of the full debt, including all principal and accrued interest not yet paid, on the maturity date of September 1, 2031 ("Maturity Date"), at which time all remaining sums of principal and accrued and unpaid interest shall be due and payable. The Note so provides that upon default, the lender has the right to declare all amounts payable thereunder immediately due and payable.

         6. Plaintiff elected to accelerate all amounts due and owing under the Note and Deed Trust pursuant to the terms of the Note and Deed of Trust.

         7. As of August, 2018, $334, 428.10 remains due and payable under the Note and Deed of Trust plus additional interest accruing at the rate of 6.625%, costs and attorney's fees and costs.

         8. On or about October 2, 2009, Nevada Association Services, Inc. ("NAS") on behalf of Goldrush Landscape Maintenance Association, Inc. ("HOA), caused to be recorded that certain Notice of Delinquent Assessment as Document No. 200910020001813 in the Official Records of the Clark County Recorder's Office ("NODA").

         9. On or about January 4, 2010, NAS on behalf of the HOA, caused to be recorded that certain Notice of Default as Document No. 201001040001623 in the Official Records of the Clark County Recorder's Office ("NOD").

         10. On or about September 29, 2011, NAS on behalf of the HOA, caused to be recorded that certain Notice of Foreclosure Sale as Document No. 201109290001113 in the Official Records of ...


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