United States District Court, D. Nevada
U.S. BANK, NATIONAL ASSOCIATION, as Trustee for LSF9 Master Participation Trust Plaintiff,
WARREN M. GUEVARA, an individual; CITIBANK, N.A., a national association; and DOES 1 through 10, and ROES ENTITIES 1 through 10, inclusive. Defendants.
F. SMITH, Attorneys for U.S. Bank. National Association
CHRISTINE A. ROBERTS, Attorneys for Plaintiff
DEFAULT JUDGMENT AGAINST WARREN GUEVARA
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:
OF FACT AND CONCLUSIONS OF LAW
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.
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").
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.
Plaintiff and its assignors have performed all of its
obligations under the Note and Deed of Trust.
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.
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.
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
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").
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").
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 ...