1 MAURICE WUTSCHER LLP Patrick J. Kane (Pro Hac Vice) 2 440 Stevens Avenue, Suite 200 Solana Beach, California 92075 3 Phone No.: (858) 381-7860 Email: [email protected] 4 Attorney for Plaintiff/Counter-Defendant, 5 PROF-2013-M4 Legal Title Trust IV, by U.S. Bank National Association, as Legal 6 Title Trustee

7

8 UNITED STATES DISTRICT COURT

9 DISTRICT OF NEVADA

10 PROF-2013-M4 LEGAL TITLE TRUST IV, ) Case No.: 2:17-cv-00445-APG-VCF 11 BY U.S. BANK NATIONAL ) ASSOCIATION, AS LEGAL TITLE ) STIPULATION AND ORDER TO 12 TRUSTEE, ) CONTINUE TRIAL ) 13 Plaintiff, ) [THIRD REQUEST TO CONTINUE ) TRIAL] 14 v. ) ) Current Trial Date: March 27, 2023 15 SPINNAKER POINT AVENUE TRUST; ) Trial Calendar Call: March 7, 2023 RIVER GLIDER AVENUE TRUST; ) Proposed New Trial Date: June 27, 2023 16 SATICOY BAY, LLC SERIES 5982 ) SPINNAKER POINT AVENUE; ) 17 MOUNTAIN GATE AT SUNRISE ) MOUNTAIN HOMEOWNERS’ ) 18 ASSOCIATION; ABSOLUTE ) COLLECTION SERVICES, LLC, ) 19 ) Defendant. ) 20 )

) 21 SATICOY BAY, LLC SERIES 5982 ) SPINNAKER POINT AVENUE, ) 22 ) 23 Counterclaimant, ) ) vs. ) 24 ) PROF-2013-M4 LEGAL TITLE TRUST IV, ) 25 BY U.S. BANK NATIONAL ) ASSOCIATION, AS LEGAL TITLE ) 26 TRUSTEE, ) ) 27 Counter-Defendant ) 1 IT IS HEREBY STIPULATED Plaintiff/Counter-Defendant, PROF-2013-M4-Legal Title 2 Trust IV, by U.S. Bank National Association, (“Trustee”), Defendant Mountain Gate at Sunrise 3 Mountain Homeowners’ Association (“Mountain Gate”), Defendants and Counterclaimants 4 Saticoy Bay, LLC Series 5982 and Spinnaker Point Avenue (“Defendants”) (collectively, the 5 “Parties”), by their attorneys, hereby submit the following Stipulation and Order to Continue the 6 March 27, 2023 by ninety days (90) pursuant to LR IA 6-1 and LR 7-1. This is the Parties’ third 7 request to continue the currently scheduled trial date and is submitted in good faith and not 8 intended to cause any delay to this Court. 9 RECITALS 10 WHEREAS, Trustee’s predecessor-in-interest filed the instant action on February 9, 2017. 11 See Dkt. 1. 12 WHEREAS, on April 12, 2017, the instant action was stayed (the “Stay”). See Dkt. 21. 13 WHEREAS, on August 10, 2017, this Court lifted the Stay. See Dkt. 26. 14 WHEREAS, on August 22, 2017 Trustee’s predecessor-in-interest filed an Amended 15 Complaint asserting the following claims: (1) quiet title; (2) declaratory relief; (3) permanent and 16 preliminary injunction; and (5) unjust enrichment (the “FAC”). See Dkt. 27. 17 WHEREAS, on October 10, 2019, Defendants filed their Answer and Affirmative 18 Defenses to the FAC and filed the following counterclaims against the Trustee: (1) quiet title; and 19 (2)declaratory relief. See Dkt. 49. 20 WHEREAS, on October 10, 2019, Defendants renewed their previously filed Motion to 21 Dismiss. See Dkt. 50. 22 WHEREAS, on April 20, 2020, the Parties filed a “Stipulation for Extension of Time Re: 23 Discovery,” which this Court granted on April 20, 2020. See Dkt. 69-70. 24 WHEREAS, on August 10, 2020, this Court granted Second Motion to Dismiss in part 25 dismissing all of the FAC’s causes of action with the exception of Trustee’s unjust enrichment 26 claim. See, Dkt. 76. 27 WHEREAS, on September 7, 2020, Trustee filed a motion for reconsideration requesting 1 applicable case law that occurred after Defendants’ Motion to Dismiss was fully briefed. See 2 Dkt. at 80. 3 WHEREAS, on March 3, 2021, the Court denied Trustee’s Motion for Reconsideration. 4 See Dkt. at 85. 5 WHEREAS, on May 4, 2021, this Court set this matter for a bench trial on March 14, 6 2022 while separately setting this matter for a March 8, 2022 calendar call. See Dkt. 90. 7 WHEREAS, on August 31, 2021, the Parties attended a mandatory settlement conference 8 before the Honorable Magistrate Elayna J. Yochah. See Dkt. 90. 9 WHEREAS, the Parties did not reach a settlement due to the pending statute of limitation 10 question raised by the Ninth Circuit Court of Appeals, which was certified to the Nevada Supreme 11 Court captioned as U.S. Bank v. Thunder Props., Inc., Supreme Court Case No. 8112 (“Thunder 12 Props”). Because the outcome in Thunder Props would likely bear upon the application of the 13 statute of limitation in this case. See Dkt. 98. 14 WHEREAS, on August 31, 2021, the Honorable Magistrate Elayna J. Yochah issued an 15 Order: (1) continuing the settlement conference to date after the Nevada Supreme Court issued 16 its opinion in Thunder Props; and (2) instructing the Parties to file a joint status report within ten 17 days of a decision in Thunder Props being issued while separately requesting the Parties submit 18 three dates of availability to attend a second settlement conference. See Dkt. 98. 19 WHEREAS, on February 2, 2022, the Nevada Supreme Court issued its Opinion in 20 Thunder Props holding that: (1) “declaratory relief actions are not categorically exempt from 21 statutes of limitations under City of Fernley v. Nevada Department of Taxation,

22 (Nev. 2016)”; (2) NRS 11.220’s four year “catch all” statute of limitations applies to actions 23 seeking to determine the validity of a lien under NRS 40.010; and (3) the four-year statute of 24 limitations begins to run when “the titleholder affirmatively repudiates the lien, which does not 25 necessarily happen at the foreclosure sale.” See Dkt. 101 26 WHEREAS, on February 10, 2022, the Parties filed their Joint Status Report outlining the 27 holding of the Thunder Props decisions and providing the following dates to attend a second 1 WHEREAS, Honorable Magistrate Elayna J. Yochah scheduled the continued settlement 2 conference for May 31, 2022. 3 WHEREAS, Trustee’s counsel contracted COVID-19 and could not attend the settlement 4 conference as a result so the settlement conference was reset for August 11, 2022 at 9:00 a.m. 5 WHEREAS, the Parties attended the August 11, 2022 settlement conference and while 6 the matter did not settle, the Parties believe they made progress towards reaching a settlement. 7 WHEREAS, Trustee previously filed a Motion to Reconsider the Court’s Order granting 8 Defendants’ Motion to Dismiss in light of the Thunder Props’ holding concerning what triggers 9 the applicable statute of limitation (“Motion to Reconsider”). See, Dkt. 104. 10 WHEREAS, on August 12, 2022, the parties submitted a Stipulation to Continue Trial, 11 which this Court granted, and trial was continued to March 27, 2023. See Dkt. 123-124. 12 WHEREAS, on August 22, 2022, Trustee’s Motion to Reconsider was granted in full. See 13 Dkt. a 125. 14 WHEREAS, on September 9, 2022, Trustee filed a Motion to Amend the Scheduling 15 Order to allow Trustee to leave file its Motion For Summary Judgment (“Motion to Amend”), 16 which this Court granted on September 29, 2022. See, Dkt at 127, 130. 17 WHEREAS, on November 1, 2022, Trustee filed its Motion for Summary Judgment as to 18 the First Amended Complaint and Defendants’ Counterclaim (“Motion for Summary Judgment”). 19 See, Dkt. 131. 20 WHEREAS, Trustee’s Motion for Summary Judgment is fully briefed and currently 21 pending. 22 WHEREAS, the Parties cannot move forward until Trustee’s Motion for Summary 23 Judgment is ruled upon as the pleadings will remain unsettled until a ruling is received. 24 WHEREAS, trial is currently scheduled for March 27, 2023. 25 WHEREAS, the parties have been diligent in attempting to bring this matter to a 26 conclusion, including settlement discussions and conducting discovery. 27 WHEREAS, the Parties need additional time to complete settlement discussions, prepare 1 narrow down the issues in this litigation before moving forward with trial preparation and any 2 settlement discussions that may arise after the Court’s ruling on Trustee’s Motion for Summary 3 Judgment. 4 WHEREAS, the Parties agree that, subject to this Court’s approval, the March 27, 2023 5 trial date should be continued for at least ninety days (90) or to a date convenient for this Court 6 to allow the Parties additional time continue their good faith attempts to settle this litigation and 7 prepare for trial, if necessary, after the parties obtain a ruling on Trustee’s Motion for Summary 8 Judgment. 9 Agreement 10 NOW THEREFORE, IT IS HEREBY STIPULATED by and between the Parties to 11 this litigation as follows: 12 1. The March 27, 2023 trial date be continued for at least ninety days (90), or to a 13 date convenient to this Court. 14 Dated: February 21, 2023 MAURICE WUTSCHER LLP 15 /s/ Patrick J. Kane 16 Patrick J. Kane (Pro Hac Vice) 440 Stevens Avenue, Suite 200 17 Solana Beach, California 92075 Phone No.: (858) 381-7860 18 Email: [email protected] 19 Attorneys for Plaintiff/Counter-Defendant, PROF-2013-M4 Legal Title Trust IV, by 20 U.S. Bank National Association, as Legal 21 Title Trustee 22 Dated: February 21, 2023 BOYACK ORME ANTHONY & MCKIEVER 23 24 /s/ Patrick Orme Patrick A. Orne 25 7432 W. Sahara Ave. Las Vegas, Nevada 89117 26 Phone No.: (702) 562-3415 Email: [email protected] 27 1 MOUNTAIN HOMEOWNERS” ASSOCIATION 2 3 || Dated: February 21, 2023 ROGER Pp. CROTEAU & 4 ASSOCIATES

5 /s/ Christopher L. Benner Christopher L. Benner 6 2810 Charleston Boulevard, No. H-75 Las Vegas, Nevada 89102 7 Phone No.: (702) 254-7775 Email: [email protected] Attorneys for Defendant and 9 Counterclaimants, 10 SPINNAKER POINT AVENUE TRUST, 11 RIVER GLIDER AVENUE TRUST, and SATICOY BAY, LLC SERIES 5982 12 SPINNAKER POINT AVENUE 13 14 15 16 Signature Attestation 17 I hereby attest under the penalty of perjury that on February 21, 2023, counsel for 18 ||defendants approved this Stipulation and gave me permission to electronically sign this 19 || Stipulation on his behalf. /s/ Patrick J. Kane 20 Patrick Kane 21 IT IS ORDERED that the bench trial scheduled for March 27, 2023 is vacated and 22 || continued to June 26, 2023 at 9:00 a.m. The March 21, 2023 calendar call is vacated and 23 || continued to June 20, 2023 at 9:00 a.m. in Las Vegas courtroom 6C. 24 . IT IS SO ORDERED: 25 Dated: February 22, 2023 26 5 / a—— 27 ANDREW P. GORDON 28 UNITED STATES DISTRICT JUDGE