STIPULATION AND ORDER FOR DISMISSAL WITHOUT PREJUDICE OF SUNRISE VILLAS V HOMEOWNERS' ASSOCIATION

JAMES C. MAHAN, District Judge.

This Stipulation and Order for Dismissal without Prejudice of Sunrise Villas V Homeowners' Association ("Stipulation") is entered into as of the date below by and between Wells Fargo Financial Nevada 2, Inc., ("Wells Fargo") and Sunrise Villas V Homeowners' Association ("Sunrise Villas" and collectively with Wells Fargo, the "Parties"). The Parties hereby stipulate and agree as follows:

WHEREAS, the above-captioned action concerns an NRS 116 foreclosure sale involving that real property in Clark County, Nevada with APN 163-13-713-005, commonly known as 3156 Sonata Drive, Las Vegas, Nevada 89121 (the "Property");

WHEREAS, the Plaintiff filed this action on July 26, 2016, and alleges several causes of action against Sunrise Villas; and

WHEREAS, Sunrise Villas disclaims any interest in title to the Property. NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED that:

1. Sunrise Villas shall be bound by any non-monetary final order, judgment, or decree as to the disposition of the Property and the validity of the NRS 116 foreclosure sale of the Property.

2. The Complaint is dismissed without prejudice as to Sunrise Villas only, with each party to bear their own fees/costs.

3. Any statute of limitations for the causes of action asserted against Sunrise Villas, which Sunrise Villas may allege have expired since the Complaint was filed on July 26, 2016, shall be tolled as of the filing date until this litigation is fully and finally resolved.

4. Sunrise Villas represents that it has produced all documents in its possession related to the litigation and the Property. To the extent additional documents are discovered, Sunrise Villas agrees to produce those documents to the parties remaining in the litigation.

5. Upon proper notice by Plaintiff in accord with the Federal Rules of Civil Procedure, Sunrise Villas shall make available a knowledgeable witness for deposition limited to the claims and defenses of the parties remaining in the litigation as those claims and defenses relate to the assessment lien foreclosure sale of the Property, and subject to any and all applicable objections. Sunrise Villas shall be provided 30 days' notice of the deposition, and an opportunity to coordinate with all remaining Parties concerning a mutually convenient time, date and location of such deposition.

6. The Parties reserve any and all rights, privileges, and defenses under applicable law.

Wherefore, the undersigned request this Court enter an Order granting the above stipulation.

IT IS SO ORDERED.