U.S. Bank National Association as Legal Title Trustee for Prof-2013-S3 Legal Title Trust IV vs Allessi & Koenig, LLC, et al

Filing 54

ORDER approving ECF No. 53 Stipulation, dismissing with prejudice Highland Ranch Homeowners Association and Thunder Properties Inc. Signed by Chief Judge Miranda M. Du on 9/3/2019. (Copies have been distributed pursuant to the NEF - KR)

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WRIGHT, FINLAY & ZAK, LLP
Dana Jonathon Nitz, Esq.
Nevada Bar No. 0050
Paterno C. Jurani, Esq.
Nevada Bar No. 8136
7785 W. Sahara Ave., Suite 200
Las Vegas, NV 89117
[phone]; Fax: [phone]
[e-mail]
Attorneys for Plaintiff U.S. Bank National Association, as Legal Title Trustee for PROF-2013S3 Legal Title Trust IV
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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U.S. BANK NATIONAL ASSOCIATION, AS
LEGAL TITLE TRUSTEE FOR PROF-2013-S3
LEGAL TITLE TRUST IV, a national bank,

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Plaintiff,

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Case No.: 3:17-cv-00122-MMD-CBC
STIPULATION AND ORDER TO
DISMISS PURSUANT TO
SETTLEMENT WITH PREJUDICE

vs.
ALESSI & KOENIG, LLC., a Nevada limited
liability company; HIGHLAND RANCH
HOMEOWNERS ASSOCIATION, a Nevada
corporation; THUNDER PROPERTIES, INC.,
a Nevada corporation; DAYTON P. ROSS, an
individual; DOES 1 through 10, inclusive, and
ROES 1 through 10, inclusive,

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Defendants.

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Plaintiff, U.S. Bank National Association, as Legal Title Trustee for PROF-2013-S3
Legal Title Trust IV (“Plaintiff” or “U.S. Bank”), Defendant, Thunder Properties, Inc.
(“Thunder”), and Defendant, Highland Ranch Homeowners Association (“Highland Ranch”)

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(collectively, the “Parties”), by and through their respective attorneys of record, hereby

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stipulate and agree as follows:

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WHEREAS:

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The real property which is the subject of this suit is commonly known as 6385

Mono Court, Sun Valley, Nevada 89433; APN: 508-211-15 (“Property”) and is part of the
Stipulation and Order to Dismiss Pursuant to Settlement; Case No. 3:17-cv-00122-MMD-VPC
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Highland Ranch Homeowners Association;
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Borrower, Dayton P. Ross (“Borrower”), executed a Note to finance purchase of

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the Property, the repayment of which was secured by a Deed of Trust recorded against the

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Property as Document Number 3729254 in the official records of the Washoe County

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Recorder’s Office;

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3.

U.S. Bank is the current beneficiary of record of the Deed of Trust;

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4.

On December 28, 2012, a Notice of Delinquent Assessment Lien was recorded

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against the Property by Alessi & Koenig, LLC (“A&K”) on behalf of Highland Ranch;
5.

On June 5, 2013, a Notice of Default and Election to Sell Under Homeowners

Association Lien was recorded against the Property by A&K on behalf of Highland Ranch;
6.

On November 18, 2013, a Notice of Trustee’s Sale was recorded against the

Property by A&K on behalf of Highland Ranch;
7.

A&K sold the Property on behalf of Highland Ranch on December 19, 2013

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(“HOA Sale”) to LVDG LLC Series 172 (“LVDG”), shown by the Trustee’s Deed Upon Sale

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recorded as Document Number 4314196 in the official records of the Washoe County

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Recorder;

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8.

On July 22, 2015, a Grant Deed was recorded as Document Number 4494580 in

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the official records of the Washoe County Recorder, wherein the Property was transferred to

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Thunder;

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9.

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On February 24, 2017, U.S. Bank filed a Complaint for Quiet Title against

Thunder, Highland Ranch, A&K, and Borrower;

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10.

On May 5, 2017, Thunder filed its Answer to the Complaint;

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11.

On May 9, 2017, Highland Ranch filed its Answer to the Complaint;

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12.

U.S. Bank, Thunder, and Highland Ranch have now come to a resolution

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regarding their respective claims and interests in the Property;
13.

U.S. Bank, Thunder, and Highland Ranch have executed, or will execute, a

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settlement agreement, the terms of which are confidential, but under which U.S. Bank agrees to

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relinquish its right, title and interest in the Property for agreed-upon consideration;
Stipulation and Order to Dismiss Pursuant to Settlement; Case No. 3:17-cv-00122-MMD-VPC
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14.

Nothing in this Stipulation should be construed as intended to benefit any party

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other than U.S. Bank, Thunder, and Highland Ranch, and in particular, shall not constitute a

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waiver or relinquishment of any claims by U.S. Bank against the Borrower under the Note; and

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15.

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Each Party shall bear its own fees and costs incurred in this litigation and

settlement.

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NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED that U.S.

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Bank’s Complaint against Thunder and Highland Ranch is hereby dismissed in its entirety with

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prejudice.

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IT IS FURTHER STIPULATED AND AGREED that nothing in this Stipulation and

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Order is intended to be, or will be, construed as an admission of the validity of the claims or

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defenses of any Party.

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IT IS FURTHER STIPULATED AND AGREED that this Stipulation and Order is

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in no way intended to impair the rights of U.S. Bank (or any of its authorized servicers, agents,

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investors, affiliates, predecessors, successors, and assigns) to pursue any and all legal remedies

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against Borrower that U.S. Bank (or any of its authorized servicers, agents, investors, affiliates,

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predecessors, successors, and assigns) may have relating to the Note, including the right to sue

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Borrower for any deficiency.

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Stipulation and Order to Dismiss Pursuant to Settlement; Case No. 3:17-cv-00122-MMD-VPC
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IT IS FURTHER STIPULATED AND AGREED that each Party shall bear its own
attorneys’ fees and costs incurred in this litigation and settlement.
IT IS SO STIPULATED.
DATED this 30th day of August, 2019.

DATED this 30th day of August, 2019.

WRIGHT, FINLAY & ZAK, LLP

ROGER P. CROTEAU & ASSOCIATES,
LTD.

/s/ Paterno C. Jurani, Esq.
Dana Jonathon Nitz, Esq.
Nevada Bar No. 0050
Paterno C. Jurani, Esq.
Nevada Bar No. 8136
7785 W. Sahara Ave., Suite 200
Las Vegas, Nevada 89117
Attorneys for Plaintiff U.S. Bank National
Association, as Legal Title Trustee for PROF2013-S3 Legal Title Trust IV

/s/ Timothy R. Rhoda, Esq.
Roger P. Croteau, Esq.
Nevada Bar No. 4958
Timothy R. Rhoda, Esq.
Nevada Bar No. 7878
9120 West Post Road, Suite 100
Las Vegas, Nevada 89148
Attorneys for Defendant, Thunder Properties,
Inc.

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DATED this 30th day of August, 2019.
LEACH KERN GRUCHOW ANDERSON
SONG

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/s/ Karen M. Ayarbe, Esq.
Gayle A. Kern, Esq.
Nevada Bar No. 1620
Karen M. Ayarbe, Esq.
Nevada Bar No. 3358
5421 Kietzke Lane, Suite 200
Reno, Nevada 89511
Attorneys for Defendant, Highland Ranch
Homeowners Association

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IT IS SO ORDERED.

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3rd
September
Dated this ______ day of ______________, 2019.

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______________________________________
UNITED STATES DISTRICT COURT JUDGE

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Stipulation and Order to Dismiss Pursuant to Settlement; Case No. 3:17-cv-00122-MMD-VPC
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