THE COURT, having reviewed the Motion to Substitute Federal Deposit Insurance 

Corporation, As Receiver for Bank of Choice, For Bank of Choice And to Stay Proceedings 

Pursuant to 12 U.S.C. § 1821(d)(12), noting that said motion is unopposed, having reviewed the 

status of this matter and being fully advised therein, GRANTS SAID MOTION and FINDS AS 

FOLLOWS: 

1. On July 22, 2011 the Colorado Division of Banking declared Bank of Choice insolvent and 

appointed the Federal Deposit Insurance Corporation (“FDIC”) as the receiver for Bank of 

Choice, which appointment the FDIC accepted. 

2. As a result of this appointment, the FDIC-R has succeeded to “all rights, titles, powers and 

privileges of Bank of Choice and make “take over the assets of and operate” Bank of Choice 

with all the powers thereof. 12 U.S.C. § 1821(d)(2)(A)(i) and 12 U.S.C. § 1821(d)(2)(B)(i). 

This includes the resolution of outstanding claims against Bank of Choice. 12 U.S.C. § 

1821(d)(3). 

3. By virtue of the FDIC’s acceptance of the appointment as receiver for Bank of Choice, and 

the FDIC’s succession to all rights, titles, powers and privileges of Bank of Choice, including 

resolution of Garold B. Kraft’s claims against Bank of Choice in these proceedings, the 

FDIC, as receiver for Bank of Choice, is the real party in interest in this action as 

contemplated by Rule 25(c), C.R.C.P. 

District Court, County of Jefferson, State of Colorado 

Court Address: 100 Jefferson County Pkwy, Golden, CO 80401 

Court Telephone: 303-271-6145 

Plaintiff: CROSSROADS COMMERCIAL CENTER, LTD., 

LLLP, a Colorado limited liability limited partnership, 

v. 

Defendant: GAROLD B. KRAFT (d.b.a. EXOTIC 

MOTORS), an individual; 

and 

Plaintiff: BANK OF CHOICE, a Colorado corporation, 

v. 

Defendants:CROSSROADS COMMERCIAL CENTER, 

LTD., LLLP, a Colorado limited liability limited partnership, 

and RANDOLPH CURRIER, an individual, 

v. 

Third-Party Defendants:GOLDEN APPRAISAL SERVICES, 

LLC, a Colorado limited liability company, GAROLD B. 

KRAFT, an individual, VAL SIMONE, an individual, and 

ERIC TUERS, an individual.

Case No: 2010CV4988 

Division: 4

ORDER SUBSTITUTING FEDERAL DEPOSIT INSURANCE CORPORATION AS 

RECEIVER FOR BANK OF CHOICE AND STAYING PROCEEDINGS FOR 

NINETY (90) DAYS 

▲COURT USE ONLY▲

SO 

ORDERED 

The moving party is hereby ORDERED 

to provide a copy of this Order to any pro 

se parties who have entered an 

appearance in this action within 10 days 

from the date of this order. ___________________________ 

Tamara S. Russell 

Jefferson District Court Judge 

DATE OF ORDER INDICATED ON ATTACHMENT 

EFILED Document 

CO Jefferson County District Court 1st JD 

Filing Date: Aug 25 2011 8:37AM MDT 

Filing ID: 39478066 

Review Clerk: Beth B

Case 1:11-cv-02286-REB-CBS Document 11 Filed 08/31/11 USDC Colorado Page 1 of 3
4. Pursuant to 12 U.S.C. § 1821(d)(12)(A)(ii), Congress has provided that the FDIC, as receiver 

for Bank of Choice, may request an initial stay, for as long as ninety (90) days, of this judicial 

action. Pursuant to 12 U.S.C. § 1821(d)(12)(B), Congress has provided that in response to 

any such request, this Court must enter a ninety (90) day stay as to all parties in this judicial 

action. 

IT IS THEREFORE ORDERED that the Federal Deposit Insurance Corporation, as 

receiver for Bank of Choice, is hereby substituted as the real party in interest for Bank of Choice. 

IT IS FURTHER ORDERED that that proposed amended caption proffered for the 

Court’s consideration by the Federal Deposit Insurance Corporation, as receiver for Bank of Choice, 

and attached to said party’s motion as Exhibit D, shall hereinafter be the accepted case caption for 

this action. 

IT IS FURTHER ORDERED that these proceedings be stayed for a period of ninety (90) 

days from the entry of this Order. 

Dated: __________________ BY THE COURT: 

 ____________________________________ 

 District Court Judge Tamara S. Russell 

Case 1:11-cv-02286-REB-CBS Document 11 Filed 08/31/11 USDC Colorado Page 2 of 3
/s/ Judge Tamara Russell 

Court: CO Jefferson County District Court 1st JD 

Judge: Tamara Russell 

Alternate Judge: Unassigned 

File & Serve 

Transaction ID: 39065556 

Current Date: Aug 25, 2011 

Case Number: 2010CV4988 

Case Name: CROSSROADS COMMERCIAL CENTER LTD vs. KRAFT, GAROLD B et al 

Court Authorizer: Tamara Russell 

Case 1:11-cv-02286-REB-CBS Document 11 Filed 08/31/11 USDC Colorado Page 3 of 3