No title provided.
Legal No LL3852 R. Shawn Oliphant, Esq. Nevada Bar No. 6441 VILORIA, OLIPHANT, OSTER & AMAN L.L.P. P.O. Box 62 Reno, Nevada 89504 (775) 284-8888 shawn@renonvlaw.com Chris Verducci (Pro Hce Vice Admitted) Texas Bar No. 24051470 Danielle Charron (Pro Hac Vice Admitted) Texas Bar No. 24109713 Locke Lord LLP 8 600 Travis, Suite 2800 Houston, Texas 77002 (713) 226-1200 cverducci@lockelord.com danielle.charron@lockelord.com Case Number: 3:21-cv00053 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA CONAM CONSTRUCTION COMPANY, a Texas corporation, Plaintiff, vs. FLORIDA CANYON MINING, INC., a Delaware corporation, Defendant./ NOTICE OF PENDENCY OF ACTION PLEASE TAKE NOTICE that an action was commenced and is pending in the above? entitled Court to enforce that certain Amended Notice of Lien recorded by Plaintiff, CONAM CONSTRUCTION COMPANY, in the Official Records of Pershing County, Nevada on January 5, 2021, as Document No. 511977, and affecting ce1tain real property or portions thereof, owned or reputedly owned by Defendant, FLORIDA CANYON MINING, INC., described as Florida Canyon Mine, located in Pershing County, Nevada, off of Interstate I-80, at or near 600 S. Humboldt Road, Imlay, Nevada 89418, and all associated Property, as defined in NRS 108.22172, land, and real property in which FCMI has an interest, including the land and real property described by the APNs below and a convenience space on or around the same, or so much as may be required for the convenient use and occupation thereof, any mining claim owned and/or held by FCMI, all Improvements, as defined in NRS 108.22128, to the Property in which FCMI has an interest, including the heap leach pad and storm water diversion channel, any leasehold interest owned and/or held by FCMI, and any construction disbursement account established by FCMI pursuant to NRS 108.2403, and more particularly described as Pershing County Assessor Parcel Numbers 008-690-01, 008-690-04, 008-690-19, 008-690-20, and 008-690-27. The Complaint's causes of actions include: (1) Breach of Contract; (2) Violation of Nevada's Prompt Payment Act; (3) Foreclosure of Mechanic's Lien; and (4) Declaratory Judgment. Pursuant to NRS 108.221 to NRS 108,246, and In Re: Fontainebleau Las Vegas Holdings, LLC, 128 Adv. Opn. 53, 289 P.3d 1199 (Nev. 2012), be advised that Plaintiffs lien is preferred to any lien, mortgage, or other encumbrance that may have attached to the Property after the commencement of construction of work of improvement. All persons holding or claiming liens on the abovedescribed property under the provisions of NRS 108.221 to 108.246, inclusive, are notified to file with the Clerk of the court and to serve on Plaintiff and also on Defendant, if Defendant is within the state or represented by counsel, written statements of fact constituting their liens, together with the dates and amounts thereof. DATED this 3rd day of February, 2021. VILORIA, OLIPHANT, OSTER & AMAN L.L.P. By: /s/ R. Shawn Oliphant R. Shawn Oliphant, Esq. Nevada Bar No. 6441 P.O. Box 62 Reno, Nevada 89504 (775) 284-8888 shawn@renonvlaw.com Pro Hac Vice Admitted: Chris Verducci Danielle Charron Locke Lord LLP 600 Travis, Suite 2800 Houston, Texas 77002 (713) 226-1200 cverducci@lockelord.com danielle.charron@lockelord.com Attorneys for Plaintiff Published in the Lovelock Review Miner February 17, 24, March 3, 2021 (Pershing)