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Ditech Financial LLC v. Park Avenue Homeowners' Association

United States District Court, D. Nevada

December 4, 2019

DITECH FINANCIAL LLC f/k/a GREEN TREE SERVICING, LLC; FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiffs,
v.
PARK AVENUE HOMEOWNERS ASSOCIATION; and RED ROCK FINANCIAL SERVICES, LLC, Defendants. AND ALL RELATED CLAIMS

          ARIEL E. STERN, ESQ., SCOTT R. LACHMAN, ESQ., Akerman LLP, Attorneys for Ditech Financial LLC fka Green Tree Servicing, LLC and Federal National Mortgage Association.

          STIPULATION AND ORDER OF FINAL JUDGMENT CONFIRMING VALIDITY OF DEED OF TRUST, ECF NOS. 38, 46

          Jennifer A. Dorsey U.S. District Judge.

         Plaintiffs Ditech Financial LLC f/k/a Green Tree Servicing, LLC (Ditech) and Federal National Mortgage Association (Fannie Mae), defendant and cross-claimant Park Avenue Homeowners Association (Park Avenue), and defendant and cross-defendant Red Rock Financial Services, LLC (Red Rock), through their counsel of record, stipulate as follows:

         1. This matter relates to real property at located 87 East Agate Avenue, #206, Las Vegas, Nevada, APN 177-21-215-092 (the Property). The Property is more specifically described as:

PARCEL I:
ONE (1) ALLOCATED INTEREST (EXCEPT ASSOCIATION PROPERTY) AS TENANT IN COMMON IN THE COMMON ELEMENTS WITHIN PHASE 1 OF PARK AVENUE CONDOMINIUMS UNIT I AS SHOWN BY MAP THEREOF ON FILE IN BOOK 99 OF PLATS, PAGE 24, IN THE OFFICE OF THE COUNTY RECORDER OF CLARK COUNTY, NEVADA, AS PHASES ARE ANNEXED, THE ALLOCATED INTEREST FOR EACH UNIT WILL BE A FRACTION, THE NUMERATOR OF WHICH WILL BE ONE (1), AND THE DENOMINATOR, OF WHICH WILL BE THE TOTAL OF ALL UNITS IN ALL PHASES THAT BECOME SUBJECT TO THE DECLARATION.
EXCEPTING THEREFROM ALL LIVING UNITS AND ASSOCIATION PROPERTY IN PHASE 1 OF PARK AVENUE CONDOMINIUMS UNIT 1
AND RESERVING THEREFROM THE RIGHT TO POSSESSION OF ALL THOSE AREAS DESIGNATED AS LIMITED COMMON ELEMENTS AS SHOWN UPON THE PLAT REFERRED TO ABOVE.
AND FURTHER RESERVING THEREFROM FOR THE BENEFIT OF THE OWNERS OF CONDOMINIUMS IN SUBSEQUENT PHASES, NON-EXCLUSIVE EASEMENT ON OVER AND ACROSS THE ASSOCIATION AREAS AS DEFINED AND SHOWN UPON THE PLAT REFERRED TO ABOVE FOR INGRESS, EGRESS AND RECREATIONAL USE, SUBJECT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PARK AVENUE CONDOMINIUMS A COMMON INTEREST CONDOMINIUM DEVELOPMENT RECORDED 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.
PARCEL II:
LIVING UNIT 206 IN BUILDING 19 OF PARK AVENUE CONDOMINIUMS UNIT 1 AS SHOWN BY MAP THEREOF ON FILE IN BOOK 99 OF PLATS, PAGE 24 IN THE OFFICE OF THE COUNTY RECORDER OR CLARK COUNTY, NEVADA
PARCEL III:
THE EXCLUSIVE RIGHT TO USE, POSSESSION AND OCCUPANCY OF THOSE PORTIONS OF THE LIMITED COMMON ELEMENTS DESCRIBED IN SECTION 2.3 OF THE COVENANTS, CONDITIONS, AND RESTRICTIONS, AND DEPICTED AS PARKING SPACE P130, WHICH ARE ...

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