Bank Of The West v. Sierra Ridge, LLC et al

Filing 21

ORDER: Granting Motion for Stipulated Judgment as to Defendant Empire Crossing Homeowners Association, Inc 20 . Signed on 12/13/2010 by U.S. District Judge Michael R. Hogan. (jw)

FILED '10 DEC 1:316:43 USDC-ORE Kimberley Hanks McGair, OSB #984205 [e-mail] Farleigh Wada Witt 121 SW Morrison Street, Suite 600 Portland, Oregon 97204-3136 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff

UNITED STATES DISTRICT COURT DISTRICT OF OREGON BANK OF THE WEST, a California banking corporation, Plaintiff,

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Case No. CVlO-1238_

STIPULATED JUDGMENT AS TO DEFENDANT EMPIRE CROSSING HOMEOWNERS ASSOCIATION, INC.

v.
SIERRA RIDGE, LLC, an Oregon limited liability company, WOOD IDLL HOMES, INC., an Oregon corporation, WHH HOLDINGS, INC., an Oregon corporation, WOOD HILL PARK, LLC, an Oregon limited liability company, HALE C A M P B E L L PROPERTIES, LLC, an Oregon limited liability company, H-C PROPERTY HOLDING, LLC, an Oregon limited liability company, SOUTH MORELAND, LLC, an Oregon limited liability company, EMPIRE CROSSING HOMEOWNERS ASSOCIATION INC., an Oregon nonprofit corporation, JAMES D. CAMPBELL, GEORGE A. HALE, individuals, and OCCUPANTS and PARTIES IN POSSESSION, Defendants.

III
11/
11/
Page 1 STIPULA TED JUDGMENT AS TO DEFENDANT EMPIRE CROSSING HOMEOWNERS ASSOCIATION, INC.

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STIPULATED JUDGMENT
Pursuant to the stipulation of the parties, as evidenced by the signatures set forth below, a judgment is hereby entered in favor of plaintiff, Bank of the West, and against defendant, Empire Crossing Homeowners Association, Inc. ("Empire HOA"), as follows: 1. The plaintiff is the beneficiary of the Line of Credit Deed of Trust,

Assignment of Leases and Rents, Security Agreement and Fixture Filing (collectively, "Bend Trust Deed") recorded on December 10, 2008 in Deschutes County, Oregon as Instrument No. 2008-48398 which Bend Trust Deed encumbers certain real property described therein; 2. Defendant Empire HOA claims some right, title, lien, and interest in and

to the real property encumbered by the Bend Trust Deed (the "Property") located in Deschutes County, Oregon, legally described as follows: Real property in the County ofDeschutes, State of Oregon, described as follows:
LOTS 20, 23, 24, 25,35,41,42,55,56,62,63 AND 64 OF PARKWAY
VILLAGE, PHASES 1,2 AND 3,
CITY OF BEND, DESCHUTES COUNTY, OREGON.
The Acreage is legally described as the follows:
Real property in the County of Deschutes, State of Oregon, described as
follows:
PARCEL 1 AND 2 OF PARTITION PLAT 2008-12, CITY OF BEND,
DESCHUTES COUNTY, OREGON.

II
II
II

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Page 2 -

STIPULATED JUDGMENT AS TO DEFENDANT EMPIRE CROSSING
HOMEOWNERS ASSOCIATION, INC.

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3.

The defendant Empire HOA's claims of right, title, lien, and interest in the

Property are subsequent, subject to and inferior to the Bend Trust Deed; DATED this

51

day of December, 2010.

IT IS SO STIPULATED:

BANK OF THE WEST

BY:~~~~$~==-=::::=-;-;=-:-:::-:::-=-_ _ Kimberley Hanks McGair, OSB #984205 Farleigh Wada Witt Of Attorneys for Plaintiff Bank of the West

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STIPULATED JUDGMENT AS TO DEFENDANT EMPIRE CROSSING HOMEOWNERS ASSOCIATION, INC.

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