Filed: Mar. 27, 2019
Latest Update: Mar. 27, 2019
Summary: STIPULATION AND ORDER TO DISMISS WITH PREJUDICE GLORIA M. NAVARRO , District Judge . Pursuant to Local Rules LR IA 6-1 and LR 26-4, Plaintiff, U.S. Bank N.A., Successor Trustee to Bank of America, N.A., as Successor by Merger to LaSalle Bank N.A., as Trustee for Holders of Bear Stearns Asset-Backed Securities I LLC, Asset-Backed Certificates, Series 2007-HE3 ("Trustee"); Defendant Azure Estates Owners Association, Inc. ("HOA"); and Defendant 421 West Azure Trust ("Purchaser") (collectively,
Summary: STIPULATION AND ORDER TO DISMISS WITH PREJUDICE GLORIA M. NAVARRO , District Judge . Pursuant to Local Rules LR IA 6-1 and LR 26-4, Plaintiff, U.S. Bank N.A., Successor Trustee to Bank of America, N.A., as Successor by Merger to LaSalle Bank N.A., as Trustee for Holders of Bear Stearns Asset-Backed Securities I LLC, Asset-Backed Certificates, Series 2007-HE3 ("Trustee"); Defendant Azure Estates Owners Association, Inc. ("HOA"); and Defendant 421 West Azure Trust ("Purchaser") (collectively, ..
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STIPULATION AND ORDER TO DISMISS WITH PREJUDICE
GLORIA M. NAVARRO, District Judge.
Pursuant to Local Rules LR IA 6-1 and LR 26-4, Plaintiff, U.S. Bank N.A., Successor Trustee to Bank of America, N.A., as Successor by Merger to LaSalle Bank N.A., as Trustee for Holders of Bear Stearns Asset-Backed Securities I LLC, Asset-Backed Certificates, Series 2007-HE3 ("Trustee"); Defendant Azure Estates Owners Association, Inc. ("HOA"); and Defendant 421 West Azure Trust ("Purchaser") (collectively, the "Parties"), by and through counsel of record, hereby stipulate as follows:
1. This action concerns title to real property commonly known as 421 W. Azure Ave., North Las Vegas, Nevada ("Property") following a homeowner's association foreclosure sale conducted on March 7, 2012, with respect to the Property.
2. As it relates to the Parties, a dispute arose regarding that certain Deed of Trust recorded against the Property in the Official Records of Clark County, Nevada as Instrument Number 20061219-0004888 ("Deed of Trust"), and in particular, whether the Deed of Trust continues to encumber the Property.
3. The Parties to this Stipulation have settled and agreed to release their respective claims, and further agreed that all claims between them shall be DISMISSED with prejudice;
4. The Parties further stipulate and agree that the $500 in security costs posted by the Trustee on June 29, 2016 pursuant to this Court's Order [ECF No. 30] shall be discharged and released to the Ballard Spahr LLP Trust Account;
5. The Parties further stipulate and agree that the Lis Pendens recorded against the Property in the Official Records of Clark County, Nevada, as Instruments Number 20160503-0002336, be, and the same hereby is, EXPUNGED;
6. The Parties further stipulate and agree that a copy of this Stipulation and Order may be recorded with the Clark County Recorder; and
7. Each party in this case number 2:16-cv-00317-GMN-NJK shall bear its own attorneys' fees and costs.
IT IS SO ORDERED.
IT IS FURTHER ORDERED that the status conference set for Friday, March 29 2019, at 8:00 a.m. is VACATED.
