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Nationstar Mortgage LLC v. Canyon Willow Trop Owners' Association

United States District Court, D. Nevada

December 20, 2019

NATIONSTAR MORTGAGE LLC and FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiffs,
v.
CANYON WILLOW TROP OWNERS' ASSOCIATION; NEVADA ASSOCIATION SERVICES, INC.; SUSAN PATCHEN; THE EAGLE AND THE CROSS, LLC; and A ACCOUNTABLE CARPET CARE, Defendants.

          MELANIE D. MORGAN, ESQ. Nevada Bar No. 8215 TENESA S. POWELL, ESQ. Nevada Bar No. 12488 Akerman LLP Attorneys for plaintiffs Nationstar Mortgage LLC and Federal National Mortgage Association

          MEGAN H. HUMMEL, ESQ. Nevada Bar No. 12404 Attorneys for defendant Canyon Willow Trop Owners' Association

          STIPULATION AND ORDER DISMISSING CLAIMS AGAINST CANYON WILLOW TROP OWNERS' ASSOCIATION

         Plaintiffs Nationstar Mortgage LLC and Federal National Mortgage Association (Fannie Mae) and defendant Canyon Willow Trop Owners' Association (Canyon), through their undersigned counsel, stipulate as follows:

         1. This matter relates to real property located at 5710 East Tropicana Avenue #1031, Las Vegas, Nevada 89122, APN 161-21-811-001 (Property), more specifically described as:

Parcel One (1):
One (1) Allocated Interest (except association property) as tenant(s) in common in the common elements within Phase 2A of Canton Willow East Unit 2A as shown by map thereof on file in Book 82 of Plats, Page 57 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 units in all residential buildings and designated exclusive use easements as shown upon the plat referred to above.
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 owners in future development, non-exclusive easements on and over the common areas and private streets as defined and shown upon the plat referred to above for ingress, egress and recreational use, subject to the terms and as more particularly set forth in the declaration of covenants, conditions, and restrictions for Canyon Willow East Unit 1 ("Canyon Willow Trop"), a condominium development recorded March 5, 1998 in Book 980305 as Document No. 01720, as the same may from time to time be amended and/or supplemented in the office of the County Recorder of Clark County, Nevada.
Parcel Two (2):
Living Unit 1031 in Building 9 of Canyon Willow East Unit 2A as shown by the map thereof on file in Book 82 of plats, Page 57 in the office of the County Recorder of Clark County, Nevada.
Parcel Three (3):
The exclusive right to use, possession and occupancy of those portions of the limited common elements as described in the declaration and as ...

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