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Pengilly v. Nevada Association Services, Inc., 2:14-cv-01463-RFB-NJK. (2015)

Court: District Court, D. Nevada Number: infdco20150902d21 Visitors: 15
Filed: Sep. 02, 2015
Latest Update: Sep. 02, 2015
Summary: STIPULATION AND ORDER FOR PARTIAL RELEASE OF CASH BOND (Removed from Eighth Judicial District Court, Clark County, Nevada, Case No. A-14-695263-C) RICHARD F. BOULWARE, II , District Judge . Ke Aloha Holdings, LLC, a Nevada limited liability company ("Ke Aloha") by and through its counsel of record, the firm of Greene Infuso, LLP; James W. Pengilly and Amanda M. Pengilly ("Pengilly") by and through their counsel of record, Pengilly Law Firm; Green Tree Servicing, LLC ("Green Tree") by and t
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STIPULATION AND ORDER FOR PARTIAL RELEASE OF CASH BOND

(Removed from Eighth Judicial District Court, Clark County, Nevada, Case No. A-14-695263-C)

Ke Aloha Holdings, LLC, a Nevada limited liability company ("Ke Aloha") by and through its counsel of record, the firm of Greene Infuso, LLP; James W. Pengilly and Amanda M. Pengilly ("Pengilly") by and through their counsel of record, Pengilly Law Firm; Green Tree Servicing, LLC ("Green Tree") by and through its counsel of record, the firm of Brooks Hubley, LLP; United States Internal Revenue Service ("IRS") by and through the Department of Justice; and Nevada Association Services, Inc., a Nevada corporation, Douglas L. Crook, Erika Geiser, Mark A. Stuhmer (collectively "HOA Parties"), by an through their counsel of record, the firm of Leach Johnson Song & Gruchow, hereby stipulate as follows:

WHEREAS, the Allerton Park Homeowners Association has a lien against the property at dispute in this litigation commonly known as 11441 Allerton Park Drive, #411, Las Vegas, Nevada 89135; APN 164-02-113-031 (the "Property") in the amount of $4,529.33;

WHEREAS, the Allerton Park Homeowners Association, by and through its agent Nevada Association Services, Inc. recorded a Notice of Foreclosure Sale of the Property on or June 9, 2015;

WHEREAS, the Property is set to be sold at public auction on or about August 14, 2015;

WHEREAS, on or about July 22, 2015, Pengilly deposited a cash bond with the Court in the amount of $10,800.00 in compliance with the Court's July 21, 2015 Order;

WHEREAS, the parties wish to avoid the Property being sold at public auction until such time this litigation can be resolved; and

THEREFORE, the parties hereby agree and stipulate to the partial release of the cash bond in the amount of $4,529.33 to the Greene Infuso, LLP IOLTA Trust for the fees assessed by to be paid and to stop the Property from being sold at public auction.

ORDER

IT IS HEREBY ORDERED that the Clerk of this Court shall release the cash bond deposited by James W. Pengilly in the amount of $4,529.33 to Greene Infuso, LLP IOLTA Trust.

IT IS FURTHER ORDERED that upon receipt of the proceeds of the case bond from the Clerk of this Court that Greene Infuso, LLP pay the fees due on the Property to the Allerton Park Homeowners Association in the amount of $4,529.33.

IT IS FURTHER ORDERED that the Court's Order dated July 21, 2015, shall remain in effect.

Source:  Leagle

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