Settlement Agreement and Release 

This Settlement Agreement and Release {"Agreement"), is made and entered into by, 

between and among the Federal Deposit Insurance Corporation, as Receiver of Carson River 

Community Bank, Carson City, Nevada (''FDIC-R"), ~n the one hand, and Charlie Glenn, Daniel 

Dykes, Byron Waite, and Richard McCole ("Settling Defendants"), on the other hand. 

Recitals 

WHEREAS, the Federal Deposit Insurance Corporation ("FDIC'') is an instrumentality 

of the United States, established under the Federal Deposit Insurance Act, 12 U.S.C. §§ l811-

1833(e); 

WHEREAS, Carson River Community Bank, C~son City, Nevada ("Bank") was 

chartered on October 16, 2006 by the State of Nevada; 

WHEREAS, on February 26, 2010, the Nevada Department of Business and Industry, 

Financial Institutions Division closed the Bank, and the FDIC-R accepted appointment as 

receiver pursuant to 12 U.S.C. § l821(c). As set fmth in 12 U.S.C. § 182l(d)(2)(A)(i), the 

FDIC-R succeeded to all rights, titles and privileges of the Bank, and its stocld10lders, account 

holders and depositors; 

WHEREAS, the Settling Defendants were officers and/or directors of the Bank and also 

members of the Bank's Senior Loan Committee; 

WHEREAS, ~ong the assets to which the FDIC-R succeeded were any and all of the 

Bank's claims, demands, and causes of action against its former directors. officers and 

employees arising from the performance, nonperformance and manner of performance of the 

respective functions, duties and acts as directors and/or offiGers of the Bank . ("Bank's Claims"). 

Included among the Bank's Claims are claims, demands, and causes of action against the Settling 

Defendants ("Claims"); 

WHEREAS, the Settling Defendant.'! and the FDIC-R previously entered into a To!Jing 

Agreement and a First Amended Tolllng Agreement (collectively "Tolling Agreement as 

Amended") to suspend the running of the statute of limitations and any other applicable time bar 

defenses relating to the Claims. A true and correct copy of the Tolling Agreement as Amended 

is attached hereto as Exhibit A; 

WHEREAS, the FDIC-R intends to assert the Claims against the Settling Defendants 

based on their actions and inactions up tluough and including February 26, 2010 in a lawsuit 

styled, :Federal Deposit Insurance Corporation v. Ja1nes M Jacobs, No. 3:13-CV-00084, in the 

District of Nevada, Reno Division, or another judicial proceeding as may be necessary, 

("Lawsuit") consistent with the Tolling Agreement as Amended, as modified by this Agreement. 

A draft of the complaint asserting the Claims against the Settling Defendants and non-settling 

defendant James M. Jacobs ("Jacobs") is attached hereto as Exhibit B ("Amended Complaint"); 

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(b)(4)•m 

(b)(4).m 

WHEREAS, the FDIC-R asserts that the Settling Defendants are jointly and severally 

liable, along with Jacobs, for the Claims alleged in the Amended Complaint in the approximate 

amount of $3 500 000 associated wjtb the followjng loan transactions: I H .. H .. HH·H···H miH. {0.1(4. 

mi•············H····························H··············· - I In addition, the FDIC-R asserts that 

Glenn, McCole, and Waite arc jointly and seyeyally liabl~ in the approximate amount of 

$600,000associatecl:withthe-( H oan transaction as set forth in the 

Amended Complaint; 

WHEREAS, the Settling Defendants deny they arc liable to the FDIC-R for the Claims 

set forth in the Amended Complaint; 

WHEREAS, prior to the execution of this Agreement, the FDIC-R and the Settling 

Defendants provided notice of the Clai..ms to the Settling Defendants' professional liability 

insurer, BancJnsure, Inc. ("Banclnsure''); 

WHEREAS, Banclnsure denied coverage tor the Claims and it is in apparent financial 

trouble as recent published new.; accounts reflect the Oklahoma Department of Insurance seeks 

·to place it in receivership; 

WHEREAS, the Settling Defendants have previously supplied to the FDIC~R sworn 

statements of their financial condition and recent tax returns reflecting limited resources with 

which to satisfy judgments; 

WHEREAS, this Agreement is entered into to settle the Claims to be asserted in the 

Lawsuit by the FDJC-R against the Settling Defendants; 

WHEREAS, the FDIC-R and the Settling Defendants are also entering this Agreement 

because of (i) Banclnsure's refusal to defend, to advance defense costs, and to indenulify the 

Settling Defendants in coru1ection with the Claims asserted against them; (ii) Banclnsure's 

failure to protect the interests of the Settling Defendants by failing and refusing to settle the 

Claims asserted against them; and (iii) Banclnsure's apparent financial trouble; and 

WHEREAS, this Agreement is also made to protect the Settling Defendants and their 

beneficiaries, heirs, and assigns from liability for the Claims. The FDIC-R is willing to provide 

the SettJing Defendants such protection, under the terms of this Agreement, in consideration of 

the promises, undertakings, covenants, releases, representations, and warranties set forth herein. 

Terms of Agreement 

NOW, 'J'HEREFOR.E, in consideration of the promises, Wldertakings, covenants, 

releases, representations, and warranties stated herein, the suflicicncy of which consideration is 

hereby acknowledged, the FDIC-R and the Settling Defendants agree, each with the others, as 

follows: · 

1. Lawsuit. The FDIC-R has or will file a pleading substantially in the form of 

Exhihit B asserting the Claims in the Lawsuit against the Settling Defendants. The Settling 

Defendants, through their attorneys, agree to accept service of the Amended Complaint. Tite 

·Settling Defendants also agree that the FJ>IC-R may file a motion for leave to amend the 

complaint to add them as parties, as may be necessary, and the filing of the Amended Complaint 

S;\II{OGUE170ll-FlliC'I>)-0or~•l!.iv..- !)J&O}'DSD-Stldumot A&r .. or.cOIIDII~ l\clcosc.4ocx 

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as pcnnittcd by an order of the court granting the motion to amend, shall be deemed to have been 

filed on the Effective Date as defined in the Tolling Agreement as Amended (i.e. February 22, 

2013). Should the court deny the motion to amend the complaint to a.dd the Settling Defendants 

as parties, the Settling Defendants agree that any separate judicial proceeding commenced within 

thirty (30) days after denial of the motion to amend the complaint shall be deemed to have been 

commenced on the Effective Date as defined in the Tolling Agreement as Amended (i.e. 

February ?.?.. 2013). The intent of this provi.sion i.s to a~sure that the commencement of any 

action to assert the Claims shall not be time barred so long as the FDlC-R complies with the 

provisions of this paragraph. 

2. Settlement Payments. As an essential covenant and condition to this Agreement, 

the Settling Defendants agree to pay to the FDIC-R the following swns of money: 

Charlie Glenn $12,500 

Daniel Dykes 

Byron Waite 

Richard McCole 

$10,000 

$7,500 

$7,500. 

Such funds shall be hereinafter referred to as the "Settlement Payments.H The Settlement 

Payments shall be made following execution of the Agre~ment by all of the Settling Defendants 

and the FDIC-R, but in any ev()nt no later than Jwte 13, 2013. ("Due Date"). Such Settlement 

Paymen1s shall be delivered by direct wjre transfer pursuant to wiring insnuctions the FDIC-R 

will provide in writing for deposit into the client trust account of the FDIC-R 's counsel ("FDIC 

Counsel"). FDIC Counsel shall hold the Settlement Payments pending the court's determination 

that the releases granted by the FDIC-R to the Settling Defendants were given in good faith as 

further described in paragraph 3 below. Should any one or more of the Settling Defendants fail 

to deliver b.is or their share of the Settlement Payments by the Due Date. the PDIC-R shall return 

such of the Settlement Payment~ as have been received and the Settlement Agreement shall be of 

no further force or effect, except that the FDIC~R may pursue the Claims against the Settling 

Defendants consistent with the Tolling Agreement as Amended, as modified by the Agreement. 

3. Good Faith Determinatio)l. The FDIC-R and the Settling Defendants shall file 

a joint motion seeking detennination that the releases granted herein by the FDIC-R were given 

in good faith to the Settling Defendants pursuant to section 17.245 of the Nevada Revised 

Stntutes. The joint motion shall address both claims for contribution and indemnity. If the court 

determines the releases granted by the FDIC~R were given in good faith, FDIC Counsel is 

authorized and directed to remit the Settlement Payments to the FDIC-R. If the court denies the 

joint motion as to any of the Settling Defendants, FDIC-Counsel shall return the Settlement 

Payments to the Settling Defendants entitled to same and the Agreement shall be of no further 

force or effect, except that the FDIC may pursue the Claims against the Settling Defendants 

consistent with the Tolling Agreement as Amended, as modified by the Agreement. 

Notwithstanding that the good faith determination shall be presented as a joint motion, the FDICR shall bear the expense a.<!sociated with the preparation of the joint motion. To the extent 

permitted by the court, the FDIC-R will take the lead in presenting evidence at a hearing on the 

joint motion. The Settlirig Defendants will coopemte and provide reasonable assistance in 

connection with the joint motion and hearing, including but not limited to their appearance and 

testimony at the hearing. 

S:\lHOGUfMDSJ.mlC\Ol-Canonl\iv<t (D&O)\OjD-Sml.,.eot Agr~Ntftlor.d Rei ... ._ do<>< 

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4. Release of Settling Defendants by It'D I C-R. Conditioned upon payment of the 

Settlement Payments and upon the court's determination that the releases granted by the FDICR were given in good faith as provided in paragraph 3 above, the FDIC-R, on its own behalf, and 

· on behalf of its agents, attorneys, representatives, successors and assigns, releases and discharges 

the Settling Defendants, and their respective hejrs, executors, administrators, agents, attorneys, 

representatives, successors and assigns, from any and all claims, demands, obliga1ions, damages; 

actions, and causes of action, direct or indire~, in law or in equity, belonging to the FDIC-R, that 

arise from or relate to, the performance, nonperformance, or manner of performance of the 

Settling Defendants' functions, duties and actions as officers and/or directors of the Bank. The 

(b)( 4) Settlement Payments shall ... he .. allocated .. tothel ........................ - -· -······························· 

(b)( 4) aruiJ.. ... ····· Uoan transactions. This release does not release or discharge the 

Settling Defendants from their obligations Wlder this Agreement. 

5. Release of FDIC-R by Settling Defendants. Conditioned upon payment of the 

Settlement Payments and upon the court's determination that the releases granted by the FDICR were given in good faith as provided in paragraph 3 above, the Settling Defendants, on behalf 

of themselves individually, and thoir respective heirs, executors, administrators, agents, 

attorneys, representatives, successors and assigns, release and discharge the FDIC~R, and its 

employees, officers, directors, representatives, agents, attorney::;, !lucccssors and assigns,' from 

any and all claims, demands, obligations, damages, actions, and causes of action, direct or 

indirect, in law or in equity, belonging to the Settling Defendants that arise :from or relate to the 

Bank or the Lawsuit. This release does not release or discharge the FDIC-R from its obligations 

under this Agreement._ 

6. Covenants Not to Sue by Settling Defendants. Conditioned upon payment of 

the Settlement Payments and upon the court's determination that the releases granted by the 

FDIC~R were given in good faith as provided in paragraph 3 abov~. the Settling Defendants, on 

behalf of themselves individually and their respective heirs, executors, administrators, 

representatives, agents, attorneys, successors and a.<lsigns, hereby covenant and agree not to bring 

any judicial proceeding or make any claims, demands, obligations, damages, actions, and causes 

of action, direct or indirect, in law or in equity, including claims for conttibution or indemnity 

that arise !rom or relate to the performance, nonperformance, or manner of perfonnance of their 

· respective functions, duties and actions as officers and/or directors of the Bank. 

7. Settlement with Jacobs. Jfthc FDIC-R negotiates a settlement with non-settling 

defendant Jacobs, the FDIC will usc its best efforts to obtain an express release by Jacobs of all 

cJaims against the Settling Defendants for contribution and indemnity. 

8. Dismissal with Prejudice. Upon payment of the Settlement Payments and upon 

~he court's determination that the release or releases were given in good faith as provided in 

paragraph 3 above, the FDIC-R shall take steps necessary to dismiss the Lawsuit with prejudice 

against the Settling Defendants Each party will bear their own costs and attorney's fees 

associated with the Lawsuit 

9. Disputed Claims. This Agreement is a compromise of disputed claims. Nothing 

in thi~ Agreement is an admission of liability by the Settling Defendants, and nothing in this 

Agreement may be interpreted as an admission of liability. 

10. Express Reservation.~ by FDIC-R. (a) Nothing contained in this Agreement 

shall be interpreted to release the Settling Defendants for liability, if any, incurred as the maker, 

S:\JHOGIIE\70SI·I'DIC\OS-C..too &.iw1 (D~0}\050 • Sclrlomtool AgrcemeolondRcl .. s:.do"' 

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endorser or guarantor of any promissory note or indebtedness payable or owed by them to the 

FDIC-R, the Bank, any other financial institution, or any other person or entity; and 

(b) Notwithstanding any other provision herein, nothing in thls Agreement shall be 

construed or interpreted as limiting, waiving, releasing or compromising the jurisdiction and 

authority of any other federal or state regulatory institution in the exercise of its supervisory or 

regulatory authority or as diminishing its ability to institute administrative enforcement 

·proceedings seeking removal, prohibition or any other admioib1rativc enforcement action, 

including civil money penalties and restitution that relate solely to the conduct of the Settling 

Defendants as officers and/or directors of the Bank which may arise by operation of Jaw, rule or 

regulation. The FDIC-R specifically warrants and represents, and the Settling Defendants will 

rely upon such Iepresentations and warranties, that FDIC attorney Bob J. Rogers and FDIC 

Counsel are not aware of any inquiry or active investigation of the Settling Defendants by the 

FDIC, in its supervisory or regulatory capacity. The ftve-year statute of limitations governing 

the bringing of an enforcement action by the FDIC is found at 28 U.S.C. §2462 and all actions 

and inactions of the Settling Defendants described in the Claims occurred more than five years 

ago. 

(c) Notwithstanding any other provision herein, this Agreement does not purpott to 

waive, or intend to waive, any claims which could be brought by the United States through the 

Department of Juslice, including the United States Attorney's office for any federal judicial 

district. The FDIC-Rspccifically warrants and represents, and the Settling Defendants will rely 

upon such representations and warranties, that Bob J. Rogers and FDIC Counsel arc not aware 

of any pending matters concerning any of the Settling Defendants that are the subject of any 

inquiry or active investigation by the Department of Justice and/or the United States Attorney's 

office. 

(d) Notwithstanding any other provisioQ herein, this Agreement does not purport to 

waive or release, or intend to waive or release, any claims which could be brought by the FDIC~ 

R against any other individual or entity, including without limjtation, non-settling defendant 

Jacobs, and the FDIC-R expressly reserves such claims. 

(e) To the extent, if any, that Settling Defendants are or were shareholders of the Bank 

and by virtue thereof are or may have been entitled to a dividend, payment, or other prorata 

distribution upon resolution of the receivership of the Bank, they hereby knowingly assign to the 

FDIC-R any and all rights, title..c; and interest in and to any and all such dividends, payments or 

other pro rata distributions. 

11. Financial Representations. The Settling Defendants represent and warrant that 

their financial condition has 110t changed in a material-way since the tender of their sworn 

financial statements to the FDIC-R. The Settling Defendants expressly acknowledge that in 

determining to settle the claims herein, the FDIC-R has reasonably and justifiably relied 11pon the 

accuracy of financial jnformation in the sworn financial statements submitted. 

12. Coopcrlltion. The Settling Defendants agree to cooperate in good faith to 

effectuate all the te1ms and conditions of this Agreement, incfudjng doing or causing their agents 

and attorneys to do whatever is reasonably necessal'y to effectuate the signing, delivery, 

execution, ftling, recording, and entry of any documents necessary to perform the tenns of this 

Agreement In addition, the Settling Defendantl> agree to cooperate with the FDIC-R, by 

appearing vohmtarily at depositions, hearings, or trials as requested by the FDIC-R in connection 

S:IU!O(JU fi\l<)J 1-fDIC\O}.('.non va (l)l<O)'O)SO • Scnl<mtlll As~«m<n< ••4 1\<l<t" .dPage 5 of9 

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with the Lawsuit. The Settling Defendants also agree to make themselves available tor 

interviews by the FDIC-R, upon rea.-;onable notice and at locations reac;onably convenient to the 

Settling Defendants, for the purpose of assisting the FDIC-R in pursuit of the Lawsuit. The 

FDIC~R, will reimburse the Settling Defendants for reasonable travel expenses. 

13. Good lt'aith. The parties agree that this Agreement is entered into in good faith 

given the potential liability of the Settling Defendants, thejr individual financial resources, and 

the circumstances surrounding Bane Insure's denial of coverage and financial instability. 

14. Execution in Counterparts. This Agreement may be executed in one or more 

counterparts and delivered by facsimile or email, and each such counterpart, upon execution and 

delivery, shall be deemed a complete original, bjnding the party subscribed thereto upon 

execution ·by all parties to thls Agreement. Such counterparts when so executed shall together 

constitute the final Agreement. Photocopies and/or facsimile and/or e-mail transmissions of 

original signatures shall be considered in all respects equivalent to original signatures. 

15. Binding Effect. Each of the parties represent and warrant that they are a party 

hereto or are authorized to sign this Agreement on behaJf of the respective party, and that they 

have the full power and authority to bind such party to each and every provision of this 

Agreement. This Agreement shall be binding upon and inure to the benefit of the undersigned 

parties and their respective heirs, executors, administrators, representatives, successors and 

assigns. 

16. Choice of Law. This Agreement shall be interpreted, construed, and enforced 

according to the Jaws of the State ofNcvada and federal law, as applicable. 

17. Enth·e Agreement and Amendments This Agreement constitutes the entire 

agreement and understanding betwetm and among the parties concerning the matters set forth 

herein. This Agreement may not be amended or modified except by another written instrument 

signed by the party or parties to be bound thereby, or by their respective authorized attomoy(s) or 

other representative( s ). 

18. No Prior Transfer of CJaims. Each Settling Defendant warrants and represents 

that such party has not assigned, sold, or otherwise .transferred or disposed of, and will not 

assign, sell, otherwise transfer or dispose of, any interest in such. party's rights, claims. and 

causes of action against Banclnsure and its agents, brokers, employees, officers and all other 

persons or entities relating to or arising out of any applicable insurance policy or policies. the 

Claims or the Lawsuit, including but nut limited to all statutoty rights, contractual rights, and 

rights arising in tort or otherwise, relating to Bancinsure's duties to the Settling Defendants with 

respect to the Claims asserted against the Settling Defendants and with respect to the Lawsuit. 

The FDIC-R warrants and represents that it (i) owns all claims, demands, obligations, damages, 

actions, and causes of action, direct or indirect, in law or in equity, that arise from or relate to the 

Settling Defend!Ults' conduct as officers and/or directors of the Bank, and (ii) has not assigned, 

sold, or otherwise transferred or disposerl of, and will not assign, sell, otherwise transfer or 

dispose of, any of the such claims, demands, obligations, damages, actions, and causes of action, 

including without Hnritation the Claims asserted against the Settling Defendants. 

19. Advice of Counsel. Each party hereby aclmowledges that such party has consulted 

with and obtained the advice of cmmsel prior to executing this Agreement, and that this 

Agreement has been explained to that party by his counsel. Furthcnnore, the Settling Defendants 

Page 6of9 

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(b )(6 .. ) .. ..... 

(b )(6_)._ 

(b )(6.)..... . 

agree, after consultation with their attorneys, that reasonable and prudent defendants in their 

position would enter into this Agreement to avoid the risk of liability to the FDIC-R in 

connection with the Claims asserted against the Settling Defendants. 

20. Notices. Any notices relating to or arising out of this Agreement shall be sent byemail, shall be considered delivered when received by the Party to whom it was sent, and shalJ be 

addressed to the following recipients: 

To the FDIC-R: 

Bob J. Rogers, Esq . 

.................... RJ.:r.~fi.i.l.; ....l_.... ········-· ___ ___. 

with a copy to 

Joel R. Hogue) Esq. 

---=Email: bl ====:::::===. ______ _j~ (after June 30, 2013) 

To: Daniel Dykes, Byron Waite and Richard McCole 

John Bley 

............... ............. Email.: ~'""'l"'-·· -------. 

To: Charlie Glenn 

S. Brett Sutton 

........... Email; .. ._I_·······-·· ····-·······-······· _____ ___,J 

21. Preparation of Agreement. This Agreement bas been prepared by the combined 

efforts of all the patties and their respective attorneys. The parties represent and warrant that 

each of them has had the Wlfettered opportunity to fully consult with an attorney of their own 

choice. This Agreement shall, therefore, be construed without regard to the ttuthorship of the 

language and without any presumption or interpretation or construction in favor of any person, 

entity or party. 

22. Costs and Expenses. All costs and expenses incurred in connection with this 

Agreement, as well as all costs and expenses incwred in connection with the closing and 

canying out the transactions contemplated by this Agreement shall he borne by the respective 

party incun~ug such costs and expenses. 

23. Survival. All representations and warranties made herein shall continue and survive 

the execution of this Agreement, and remain binding upon the person or persons making the 

representation or warranty, even after this Agreement is executed. 

24. Severability. In the tvent that any provision of this Agreement is declared or 

deemed to be invalid or tmenforceable, such inva1idity or unenforceahility shall not affect the 

validity or enforceahi lity of the remaining portions of this Agreement. 

25. Attorneys' Fee5.· If any lawsuit is brought to enforce any term or provision of this 

Agreement, or in connection with any dispute arising from or relating to this Agreement or to the 

alleged breach of this Agreement, the prevaiHng party shall be entitled to recover its reasonable 

Page 7 of9 

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and necessary attorney's fees and costs 1ncurred in connection with any such lawsuit or 

proceeding, throughout trial and all appeals. 

THE REST OF TillS PAGE IS LEFT JNTENTIONALL Y BLANK 

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(b )(6) . 

(b)(6) 

FEDHRAL DEPOSIT INSURANCE CORPORA110N, As 

RECEIVER OF CARSON RIVER COMMUNITY BANK 

Signed this }J__ day ofll9t,.A/_, , 2013 

.. ~ 

Signed this __ day of ___ __, 2013 -------·-·--· ··- -------- CHARLIE GLENN 

Signed this __ day of ___ __y2013 

. DANU:L.DYKES 

Signed this __ day of ___ ~ 2013 

BYRON WArn~ 

Signed this __ day of ____ ,, 2013 

RicHARD McCoLE 

APPROVED: 

• OGUE, ATTORNEY FO THE FEDERAL DEPOSIT 

CE CORPORATION, A CEIVER OF CARSON RiVER 

UNtTYBANK 

JOHN BLEY, A 1TORNEY FOR DANI~L DYKES, BYRON WAn"E, 

AND RICHARD MCCOLE 

S. Bl~En SUHON, A'ITORNEY FOR CHARLIE Gl.F.NN 

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.. __ ._, ... ------· ... ·.-.· • ~~ . ..: ..... ~:z:: . . .1!2-o-.... t ..... ............ ~.................... ..... ....... ...... . . . ............ ·-----·. --· --· .. -· -------·· ·--· __ ... _... s .. __ ·--·· ,. ............. 1.. -·· ... --· .... ·.·.~· . .'.·..-... ~· ... ·,.~;.,..,...................... . ······~·~·-·· .................... ···- - .... I 

(b )(6} 

Jun. 12. 2013 8:14AM No. 2042 P. 2 

FBOHI\AL DHPOS{T INSURANCI!. COlU>OAA TlON, AS 

REcEIVER 0P CARSON RlVRt't CoMMUNITY BANK 

Si~ed this __ day of ___ _. 2013 

By 

Sign<d lhi~ ~y 0~ 2013 

CHARl.mOLIWN / 

Signed this---. day of __ ~ , 2013 

DANieL Dw-ss 

Signed this~ day of __ ~~--_. 2013 

BYRONWAtm 

Signed this . __ day of. ~013 

RicH:li?D McCoLE 

APPROVED: 

Joai:i~. H:oouB, AnonNEY ttol'l nmFsDERAL Dnrosrr 

lNSUJ~ANCR COR'PORA T!ON, AS RECEJ\"eR OP CARSON RIVER 

CoMMUNITY BANK 

JOHN BLTiY, A TIORNBV I' OR DANiBt DYKES, BYRON WAITE, 

AND RICHARD McCOLE 

I 

(b)(6) I I . S. Bffif Stn¥0N, ATTORNKV ~·oR CnARLm OLBNN . 

J>age9 of9 

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(b )(6) 

(b )(6) 

775738-2003 

. Slgoed 1bis _ _ dll;Y of ___ __J 2013 

09; 15; 12 a.m. 06-12-2013 

FED.I!RAL DEPOSIT lNsURANCe CORI'OIU.TIDN, As 

REcEIVER OF CARSON RlVER COMMUNITY "BAN~ 

By ________________ _ 

Signed 1hls _day of ___ _. 2013 · ---~ ----- --

CHIIRLIE GLeNN 

Signed this __ day of ___ _, 2013 

BYRON WAI'll! 

Signed this_ day of ___ ...;> 2013 

RicHARD McCOLE 

APPROVBD: 

JOBL R. HOOlll!, ATIORNEY FOR. THB FEDERAL DEPOSIT 

INSURANCE CORPORATION, AS "RECEIVBR OF CARSON RivER 

COMMUNITY l3ANK 

.................................................................................... 

LBY,ATI'ORNEYFORDANlELD. BYRONWAlTE, 

CHt\ru> McCoLl! 

S. BRB'IT StrrroN, A TIORNBY FOR CHARLIE Or..ENN 

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Signed this __ day of ___ _.) 2013 

Signed this __ day of ___ -> 2013 

Signed this _ _ day of ____ ...J 2013 

FEDERAL })EPOSIT INSURANCE CoRPORATION, As 

REcBMR OF CARSON RivER COMMUNITY BANK 

By ___ _ _________________ _ 

CHARLIE GLENN 

DANlBL DYJ<BS 

(b .. ) (6) ..................................... _...... I 

Signed this ~~;~f _ -~".Z-?20 13 - ....................... .. 

(b)(6'-/-) -

BYROt!)iAITE 

RICHARD McCOLE 

APPROVED: 

JOEL R, HOGUE, ATTORNEY FOR THB FEDERAL DEPOSIT 

INSURANCB CORPORA TrON, AS RECBlVBR OF CARSON RIVER 

CoMMUNITY BANK 

JOHN BLEY, ATIORNEY FOR DANlHL DYKES, BYRON W AlTB, 

AND RICHARD McCoLE 

S. BRETT SurroN, A TTORNBY FOR CHARLIE GLBNN 

l 

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TOLLING AGR.El?.MENT 

This tolling .agreement f~gn:ement") Is made and. entered into by ~d between the 

Federal Deposit lDSurance CorporetioJI; as rec.Civt.r for Carson River Comm1lllity BmJk, Cezwn 

City, Nwada {"PDIC-.R~, on th& one hand. and Daniel Dykes ("Dykes"), Byron Waite 

C'Wairo''), Rkhard McCole ("McCole"). and Chai:Iie Glenn ("Glenn"), on the o1Jlcr hanJ. 

Dykes, Wai~. McCole, and Glenn ere r:eierred to collectivtlly as 'Tls&Os:'>. FDIC-.R. and 1he 

::os&:Os~.~te ~otnct!mcs be~r oollectivl»y refemd to as the "Parties'' .and each Of them in the 

sin!NW as a "l>arii', This Agreement is effl:ctive as of February 22, 2013 (''B1l'ectivo Daw'). 

Wl:IBRBAS, C~ .nltiver ('..Q.mmunity Bank ("Camon River") Wll3 a s!afe.nonmembc:r 

bank who5e deposits were iDsured by tb¢ Pedcml. Dcpoait Insurance~ Co1pora1.iun; and 

WHEREAS, ott or about February 26, 2010, the NCVllda Financial l"nst.itutions Divisian 

closed Carson. River, whereapon the. Federal Deposit fusuro.nce CQlpoJation was appointed as 

ruei-ver fur Carsoa River; and 

WEElmA.S, on 1anuary 2(); 2011, the FDIC R obtained IIIl order of investi.gution 1elating 

to CBI OD River pursuant 10 the Federol Depn&it rtunmmce Act, 12 U.S.C. §I818(n) and 12 

U,S.C. §1821(d){2)(l); !ll)d I · M .. :::<:'·: .. . 

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WHEREAS, 1he FD1C-R. ~H~Smts it has olairtints Cal-son River's xecclver against tile 

Ds&011 relllfulg 1o their conduct as fomiei directors or offic~m~ of Carson River up through aod . 

including February 26, 2010 (''Professional Claims'): and 

WHEREAS, the Ds&;O:s fully and completely deny there is trny basis for the Prof~ tonal 

Claims; and 

WHEREAS, tho Paxtie.5 at~ a!temptlog ·to Illeet and confer :regarding the Professional 

Claims; e.nd 

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EXHIBIT 

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~. the FDIC-R and the Ds&Os beltwo )t would be ttDltnally beneficial to 

~eli~ve lillY~ _pregsure assooiareci with such meeting and also to delay the commencement of 

uy judioial _proceeding~! betweeu tlum to llllow. among other thing~~. an. cppo.rtlmlty fut 

appropriate CODSideralion, dialogue and a:mdym 

NOW. TmrnEFORE, fm good ancl valuable QOJI.Side:ration, tlw reet:ipt and Wrociewy of 

-wbicili is hereby acknowledged, the FDIC-R. and tlleDs&Os agrw as follows: 

1. U.nless notice is provided-;pl set iartb m plll8gDI,ph 3, the forbearaoce petiod set 

furth in paragraph 2 of this Agreement 3hall terorlnate 9n April 30. 2013. 'J'he date of sucb 

tei!lliDation Is referred to harcina:fter as the 'Tennineiion Date." 

2. Pdor to the Te:mfnalion Date, the FDfC·R shall not OOUWI611ce any judicial 

proceeding against 1he Ds&Os erbmg out of the lrufesslon.a1 Claims and the Ds&O~ shaR not 

commence any judicial proceeding against the FDIC.R. (<'PoJboa.rance Period .. ). ex:eept as 

provided for .in paragraph 3 below. 

3. Duri.ng tlw Forbe:amnJ:a Period. 'lh5 FDIC.R reserves the right to file any of the . . 

Professional Claims against any of the Ds&Os after providing fuurteen (14} days prior notice to 

each Party against whom the claims me to be filed. 

4. Any judlclal proceeding cummtooed on or befol·e ful': 14th calendar da-y following 

tho Termination Date by the FDIC-R OZ&inst tho Ds&Os on ·d1e Pl:ofessionol Claim~, shall bo 

treated 'far pnrpcses of any statllte of limitalion. slatute of repose, or o1hw d.Umse~ besed on the 

passage o:f time as thou&h such pro~<M~ 1i~'6e:~ crohme:need on the Effective Da~; and if 

such a _pJoceediDg is cominenoed on or oof&e ib;; l4th 'calendar day following th~ Tcmnination . . . , 

Date, then the Ds&Os shsU not use 1ho pamge of time from the Effilctive Data through D.lld 

including the dat~ .such proceeding '11'/llS eo~tnneucc:d in caloulat.ing the applicability of an.y sllltale 

of )imitation, strtutt: of repose, or other defuuse based on tho pa33~ of time. If tlO judicial 

procee~ing is C()!llllWDCcd on or beforo 1he 141h calondm; day following the reJlllinati()Jl Date, 

1hen this paragraph :.h~>Jl be of no foxc~ or effect for IU\Y pwpose whut.>oc.vcr, ood aey limitations 

period that would have pa:;:;~ in lh() a'bsencc of this .Agreement shall be d~ed to haw expired. 

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5. Olllcr than the defenses based upon the passage of time, this .Agreement ~l!all.not. 

p~judice any dwses or collllterolaims wblciL may be asserted by 1he Ds&Os, ac any onts of 

them, m coimection·with any judicial pro~ initiated by tlle l'DlC-R against~'~' Ds&Os, uor 

shall auytblng in tlds Agreement pr~dice any Part;y's ability to move t~> dis!niss uny jndloial 

proceeding initia!!:d against it This Agreement sba1lnot in any way operate tll shorten any 

applicablo statnte oflimita'lion. 

6. Notwithstanding the above, this Agreement shall not apply to. ~ct, or ~Yin 

lillY way any cur~tly pending or future acti011(s) arisiog out of tl11.Y dll& and unpaid promissory 

notes, guarantees, or sirnllat evidences of contractnal .indebllldnoos exeout«l by any of the 

Ds&Os, ll.Or shall 1lrls Agreement apply to, a.ffi:ct, or delay in sny vmy eurtently pending ot 

fulme regulatoty enforcmu¢nt proceedings ()r crlmlnalproceedings, if any. or any action brought 

by any gwerrunental age.ncy other than 1he PDI? in eonnootio.n. with any imtitutio~ wbiah is or 

was insured bytbe FDIC-R, fnclU<llng Without Jimltiil:ion, Careon Rivt:r. 

1. Nothing in this Agreemeot ~.h~q ~e O®$tnled a$ Ieviving ar I(!StoriDg I!IIJrigbts; 

cl.a..irns, or causes of action that the FDIC-R ox tho Ds&Os may have had that w~ already bam:d 

by 8tB'tllte, colllfllon. law. equiJ:y. or othenvise on or befure lho BffOC'Iive Date, whe'!ber llUCh bar 

mosc from the pas&&gc of time or for .any o1bcr reason. 

8. Any ·tesponsive pleading and/or connterol!!im Bt'rVOd. in a jud.lclol ))t'OCCCdlllg 

ooJDXllem:ed in compliance with this Agreement shill be treoted, for puxposes of riiiy statuto of 

limitation, statote of repose, Ol' otbm- d!Ifenso based on the passage of time, as lhougb. it bad been 

fi!ed and served <In the Effective Dare i;o long 113 .ro.l!h teB.POnslve pleading a:n.dlot counterclaim is 

15erved bcforo iha expiration. of the latest of (a) !he tilnb p~riod desl£nated by applicable Jaw for 

t.he service of sueh r~onsive pleadings 31Jdlor countemlaims; or (b) the time period set by order 

of the court for1h.e ~ervicu of such I<::>poD:J-ivto pleadings a:nd/oc coun.~laims; or (c) a sttpulation 

of the Poctie3 govemi.Dg 1be time for serving such responsive pleadings and/or co1lllt~claims; f11' 

(d) 30 ca{endar a~ after 1lte d<OO or~~cc, 0~ th~ cpmpiaiut. .statement of cJaim or other p1eHdin.g to whicb tbb responsive pleading ~dlor oounterelaim responds. 

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9. By e:nt.erlng jiJ!i) '!his ~ no Party 1w mived or limited any .rigbtg, 

claims, causes of ectiOll or defunses avauable under any llpplicable pro11ision of law, except 83 

expressly provided h~rt:in. 

I 0. The <:xecu!ion of 1his A~eat is \lOt, .ond ~ not operate 8!! an admission of 

liability, wtongdoing, or :respODSl"bility eitber by fue FDlC..:R or by tbe Ds&ds, alld nothing 

horein shall prejudice or ~ct any rights or liabilities of eithru: Party heteto, e>:cept as expressly 

provided bert:ln·. 

11. The :Parties each represeiJt and wmiSPt that (a) Jhey are ll!Ifuorized w enter into 

thi., ~en!, (b) the person sigoillg1hls Agt"Cement on behalf of such Party i8 authori7.ed to do 

so, and (e) they lntend 11ili Agreement to be valld, bindfug, and enforceable in accordac.ce wilh 

its terms. 

12. The Parties co.cb acknowlcdg¢ tllattbis A.gxeement WftS drafted jointly by them, 

13. The provisions· of this Af?ument shall be binding and effective with respect to 

any suoot.:SSor of the FDic-R or o-f any of 'the DscP;Os. 

14. This Agreement c~nstl~.:tl;lr.._.entite ~greement and understanding between 1he 

Parties with xespcot lo tbe subject ma:tter:·hereDf; -and. any prior oral or wrltten statements 

oonceming such subject roattor are IMtged 'herein: fOr. all pinposes and are of no further forw and 

effecL 

15. . This Agreement shall not be modified except by rocpress wdtt® agreement signed 

on 'belmlf of each of the Parties. 

I 6. Any notices relating to t:1r &:ising out of this Agrcemcmt shall be: sent by e-mail, 

shall be considered deli'l"eted when Ieccivcd by the Party ·1o whom It was sent. Md she.U be 

addrosscd to the following tecipiepts: 

To the: FDIC-R: 

Bob Rogers, Esq. 

(b )(66J ----:---___:. m.a:il· :t:l ===---_J 

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w.ith u copy ro: 

Joel R. Hogue, Esq. 

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'fo r>anielDykes: 

To Bvron Waite: 

.............. ~~=L-1_ ........ _ ......... _ ........ _ ...... ,._ .... __ ...... 

Bniail:..... l ___ ___. 

To Charlie. Glenn: 

Email: ~ " 

17. Nothing in this Agreement slllll! be read as reduofng thn time withln which 1he 

FDIC may-bring any suit or claim. 

'18. This Agreement shall be binding on the FDIC-R and su~b Ds&Os 88 sign ~~nd 

dclive.r fbe Agn:etnent; provided, however, :it may be executed in one or more -::ounterpmis and 

deli~exed by facsimile or email. sud. ~~ ~owtex,part, upon execution and delivery, shall be 

deemed a complete origlntll. birniiug ~e P~es ,mbscn'bed thereto. Photocopies and/or fucsimtle . oodlor moil trnnsmhsions of original signatures shall be considered in all respects equivalent to 

originil signatures. 

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(b)(6}m 

19. This Agreeimnt sball ~ :inrelpreled 'Wl(}er feilira! law or, in the ab!enee of snch 

Jaw. under the sobstuad.ve law of the Nevad11. '1'hls paragraph shall apply only to disputes arls:illg 

out of this Agreement_ and sball not be oonstmed to modifY auy choice of law provision or 

awdysis othe.rwiso applicable in any otha dispute betwcan the Pattie~ and each Party reserves 

the right to BSScrt that ather std.e or federal Jawmey apply to snDh o1her poflmlial Cispmes. 

. \.• .. 

Date:~ - ;){y. -/3 

Dabs:. _____ _ 

APPROVED AS TO ).l'ORM AND GONTENT; 

~BRAL DEPOSIT .INSURANCE 

CORPO:RAnoN,AS lmCElVER FOR 

CAltSONJUVERBANK 

BYRON WAITE 

l!y._: ---~-

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Fe h. 21. 2013 10: 16AM No. 1989 P. 7 

19. This Agreement shall be interpreted under :fe&ral law or, in the absence of such 

Jaw~ under the .substantive law of th6 Nevada. T.bfs pAragraph shall apply only fo disputes arising 

out of thls Agreement and shall not be comtrued to modifY any oholce of law provisJon or 

analys.i8 otherwise appUoable in any other dispute between the Partle.s, and each Party reserves 

the right to assect that ofhet state Ol federal Jaw may apply to such other poteJttlal dJsputes. 

Dare:~-----------

Pate:. ______ _ 

Dme:. _______ ~~ 

Date:. _______ _ 

Jnl:llmAL DE.POSlT INSURANCE 

CORl'OnAT!ON, AS Rll!C.RlVFI:R FOR 

CARSON l'tWEll. lJANl{ 

By: ________ _ 

O.ne of Its Atto:rneys 

DANIEL DYKES 

By: ________________ _ 

lJY:RON WAXTE 

By: ----------~------

IUCITARD MCCOLE 

By: _________ _ 

CD.AllLIE-~NN 

Date: j .. z,l ,. )--(! _ _[.2.._ By:.,__ ___ ---: ______ ___, 

Al'l-:RO'VEl> AS TO FORM .AND CONTENT: / 

Da~:. ______________ _ 

S;UHOOUEilOSl·FD!C\~nl\lvu tD&O)\OOS.Ifo~ 

John llley, attorney :fur DanielDykC.!!, 

Byrou Waite and Richai·d MeCole 

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FIRST AMENDED TOLLING AGREEMENT 

This First Amended Tolling Agreement f'Am.ended Agreement") is made and entered 

in1o by and between the Federal Deposit Insurant:e Cozpotation, as receiver f<»r Carson River 

Community Bank, Carson City, Nevada FDIC~R"), on the one hand, and Daniel Dykes 

("Dykes"), Byron Woite ("Waite"), Richard McCole ("MeCole"), and Charlie Glenn "Glenn'~. 

on the other band. Dykes, Waite, McCole, and Glenn ~ refeJTed to collectively as "Ds&Os"-

FDIC~R and the Ds&Os ure sometimes hereinafter collectively ~efimed to as the "Parties" and 

each of them in the singular as a "Party". This Amended Agreement is effi:otive !1$ of February 

22. 2013 ("Effective Date"). 

WHEREAS, C'..8.rson River Community Bank ("Car,gou River'') was a state norunember 

hank whose deposit'! were insured by ihe Federal Deposit Insumnce Corporation; and 

WHEREAS, on or about February 26, 2010, $e Nevada Fin.ancial Ins1itutions Division 

closed Carson River, whereupon the Federal Deposit Insurance Cm:poration was appointed as 

·receiver f(')t Carson River; and 

WHEREAS, on January 10, 2011, the PnlC-R obtained an order ofinyestiga.tico relating 

to Carson River pursuant to the Federal DepoJ:it Insurance Act, 12 U.S.C. §l818(n) and 12 

U.S.C. §182l(d){2)(1); and 

WHEREAS, tb~ FDIC~R asserts it has claims a9 Carson River's receiver against tl1e 

Ds&Os relating to their condutlt as former dircc\ox~ or officers of Carson River up through and 

including February 26,2010 (''Professional Claini.s't and 

WHEREAS, the Ds&Os fhlly Wld completely deny there is any basis for 1he Professional 

· Claims; and 

WHEREAS, the Parties entered into a Tolling Agreement, effective February 2?., 2013, to 

suspend the running of any applicable statutes of limitation, statutes of repose, or other defense 

based 'Qpon the pas.5age of time in nrdet to allow time to meet and confer regarding the 

Professional Claims; and 

S:\JHOOU!l\70SI-I'DJC\QS.('...1.son Riv<o {D&.0}\036.docx 

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WHEREAS, the Purt.ie:; hltve met and conferred regarding th~ Professional Claims and 

made progress toward reaching a resolution of the Professional Claims; and 

WHEREAS, the FDIC-R and the Ds&Os believe it would be mutually ben<::ficial to 

relieve any time pressure associated wilh efforts to document and obtain fmal approval for a 

settlement of the Professional Claims and by this Amended Agreement intend to eo.ntinuc and 

extend tb~: Tolling Agreement punuant to the tenns set forth below. 

NOW, THEREFORE, for good and valuable CDnsideration, the receipt and sufficiency of 

whioh· is hereby acknowledged, the FDIC·R and the Ds&Os ag~:ee as follows: 

1. The FDIC-R shall forbear commencement of any judicial proceeding against the 

Ds&Os, or any of them, until after May 17,2013 ("Forbearance Period"). 

2. Any judicial proceeding commenced after the Forbearance Periodj but on or 

before June 14, 2013, by the FDIC-R agairurt 1he Ds&Os, or any of them, on the Professional 

'Claims, shall be treated for puxposes of any statute of limffalion, statute of repose, or other 

defense based on the passage of time as though such proceeding had been commenced on the 

:Effective Date; and if such n proceeding is commenced after the Forbearance Period, but on or 

"before J\lne 14, 2013, then the Ds&Os. or any of them, slmll not use the passage of time from the 

Effective Date through and including the date such proceeding was commenced in caloulating 

the applicability of any statute of limitation, statute of repose, or other defense based on the 

passD.ge of time. If no judicial proceeding is commenced by the FDIC-R against the Ds&Os on or 

befoxe June 14, 2013, then this paragraph shall be of no force or effect for any pUipose 

whatsoever, and llllY limitations po.riod that would have p86sed in the ah~ence of this Amended 

Agrcemeot shall be u~mcd to have expired. 

3. other than the aetenscs based upon the passage of time, thls Atn<::nded Ag1eement 

shall not prejudice any defetJSes or counterclaims whicllmay be asserted by the Ds&Os, or any 

of them, in connection with any judicial piOC\:\:ding initiated by the FDIC~R agaimt tbe Ds&Os, 

nor shall anything in this Amended Agreement prejudice any Party's ability to move to dismiss 

any judioial• proceeding initiated against it. 'Ibis Amended Agreement shall not in any way 

operate to shorten my applicable statute of limiration. 

S;\JltOOUE\70' 1-I'OIC\OS C•rson River (D&O)\!l:l6.docr 

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4. Notwithstanding the above, thls Amended Agreement shall not apply to, affe~ 

or delay fn any wa.y any currently pendiitg or future actioJl(s) arising out of any due and unpaid 

promissory notes, guarantees. or similar evidences of contractual indebtedness executed by auy 

of the Ds&Os, nor shall thi3 Amended Agreement apply to, affect, or delay in any way currently 

pending or future regulatory enforocment proceedings or criminal proceedings, if any, or any 

action brought by any governmental agency other than the FDIC jn connection with any 

institution which is or was insured by 1he FDIC-R, including witho\Jt limitation, C11rson River. 

5. Nothing in tlrls Amended Agreement shall be construed as reviving or restoring 

any rights, claims, or causes of action that the FPIC-R or the Ds&Os may have h11d that were 

already barred by statute, common law, eq_uity. or otherwise on or before the Bffective Date, 

whether such bar arose from the passage oftime or for any other reason. 

6. Any responsive ple11diDg and/or counterclaim served i.n a judicial proceeding 

comm<:nced in COJ:npliance with this Amended Agreement shall be treated, for pu:rposes of any 

statute of limitation, statute of repose, or other defense based on the passage of time. es though it 

bad been Iiled and served on 1hc Effective Date so long ns such responsive pleading and/or 

. coonterclaim is served before the expiration of the latest of (a) the ti.tne period designated by 

applicable law for the service of such responsive pleadings and/or counterclaims; or {b} the titne 

period set by order of the co1ut for the service of such responsive pleadings ru1dlor 

COWltercl.a.irns; or (c) a stipuJation of the Parties governing the time for serving such. responsive 

pleadings ancl/or counterclaims; or (d) 30 calendar days after the elate of service of the complaint, 

statement of claim or ot11er plea.dine to which the responsive pleading and/or counterclaim 

respon~. 

7. By entering into this Amended Agreement, no Party has waived 01 limited any 

rights, cla:ims, causes of action or defenses nv:tilablc under any applicable provil!iou of law, 

except as expressly provided heiein. 

8. The execution of this Amended Agreement is not. nnd shall not operate as an 

admission of liability, wrongdoing, or responsibility either by the FDIC-R or by the Ds&Os, and 

S:\lHOOUIMO.SI -F~lCI.O.S.Con011 v~r {0&.0 ~36.d <>< 

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nothing herein slwJl prejudice or affect any rights or liabilities of either Party hereto, except as 

expressly provlded herein. 

9. The Parties each represent and warrant thot (a) they are authori:t:oo to enter into 

this Amended Agreement, (b) the person signing thi9 Amended Agreement on beb.Dlf of such 

Party is authorized to do so, and {c) they intend this Amended Aueement robe valid, binding, 

and enfurceable in aooordance with its terms. 

10. The Pru1.ies each acknowledge thai this Amended Agreement was drafted jointly 

by them. 

11. The provision!i of this Amended Agreement shall be binding and effective with 

respect to any successor oftlw FDrChR or of any of the Ds&Os. 

12. This Amended Agreement constitutes the entire agreement and unders!anding 

between the Parties with res_pect to the subject matter hereof, and any prior oral or written 

sb!tements concerning such subject matter are merged herein for all purposes and are of no 

further force and effect It is the intention of the Parties, however, fbat the Tolling Agreement is 

extended and continued consistent with the tenns of this Amended Agreement. 

t:t This Ame)ncled Agreement shall not be modified except by cxpn:ss written 

agreement signed on behalf of each of the P.arties. 

14. /uJ.y notices relating to or arising out of this Amended Agreement ghall be sent by 

e-mail, shall be considered delivered when received by the Party to whom it was sent, and shaU 

be ~dressro to the following recipients: 

· .To the FDIC7R: 

Bob Roge~s. Esq. 

•••••••••••••••••mO •••••E:mail.:.l.•••••••••••••••••••••••••••••••• 

with a copy to: 

Joel R. Hogue, Esq. 

J!iJ.la.il:..t~.,-··-·····-······-···· _____ .J 

S:\lfiOOOF.\70~1-FIJIC\DS-CauDB River (D&0)\D36.d- l'aee4of6 

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(b )(6) 

;ro Daniel pyJm: 

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To Ricbar.d.McCoie: 

(b )(a~- ~-------Emait:t-----

.To Cbnrlie .Gienu; 

1.5. Nothing in thls Amended Agreement shall be read as reducing the time within 

which the FDIC may bring any suit 01' claim. 

16. 111is Amended Agreement shall be binding on the FDIC-R and such Ds&Os as 

sign nnd deliver the Amended Agreement; provided, however, l.t may be executed in one or more 

counteiparts and delivered by facsimile or email, and each such counterpart, upon execution and 

delivery, shall be deemed a complete original, binding the Parties subscribed thereto. 

Photocopies and/or .fucsimile and/or e-mail transmissions of original signatures shall be 

considered in all respects equivale.ot to original signatures. 

17. This Amended Agreement shall be interpreted under federnl law or, in the 

absence of su.ch law, under tbc substantive law of the Nevada. This paragraph shall apply only 

to disputes arising out of this Amended Agreement and shall not be construed to modify any 

c~o~ce of law_provi~iun or analysis otherwise applicable in IJny other d1spute between tho J:'!ll'lies, 

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and each Party rosciV~ the right fo assert that other state or federal law rnay apply to such other 

potential disputes. 

Date::--- - ----

Date:.~ -----

Dat~:-. - - ··· 

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APPROVED AS TO FORM AND CONTENT: 

·n!lt.e. . ._· -..,..-- ---

Date: 

S:\JIIOGUE\70S l·l'DlC\OS-Casso<l Rivtt (D&0)\036.dc9:< 

FEDERAL DEPOSIT INSUNANCK 

CORPORATION. AS RECEIVER FOR 

CARSON RIVER BANK 

ByJ~~··· ............ + ............................................... On'tof!rs Att&iliey~ 

Daniol Dykes 

llyron Waite 

Riohard McCole 

ChatJie Glenn 

1ohu Bley, attorlleyf~;))'anlcl Dykc·s; 

Byron Waite and Richard McCole 

Brett Sutton or Don Pool, attomey for 

Cbnrlie Glenn 

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and each Party .resDIYes the-right 10 assert 1ba1 other sfllte or federal law mey apply to such other 

PO~Jitial dispmoo. 

Date:. _ _ ..,....__ ___ _,...._ 

(b)(S) _ ...... ____ D_atc_! ~7o:::=z:o;~ 

A'PPROVEll AS TO :FORM .AND CONTENT; 

FEDEkALD POSIT INSURANCE 

CORPORATION) AS .R.ECErvJi;U FOR 

CARSON RIVERBANK 

Charlie Glmm. 

(b)(6) .......................................................................................... ................... ! r-----------. 

D~te; · ~;z;~:?:;;~/.ii .......................................................................... -:: ···~:::-: ·~=":~-:::~:::: · .. .. ~ .. ~:~":"' .... .. ~ ~ .... ~:"'::' ~o-:l'~D="'iir.-fiJ:-:ol:"':l>y:""":"k"!"':es-, __ _, 

Da~;'r- · ----,.~ 

IJyl-ov Waite and R.ichvd McCol& 

Brett Sutton or Don Pool, attorney !or 

Charlie GlGl!D 

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and each Patty 1eserves the right to assert that othe1' state or federallo.w may apply to such other 

polenttal dlsputes. 

Date:. ______ _ 

pate: 

Date: 

APPROVED AS 1'0 FORlVl AND CONTENT: 

Date: . .,..,...--'----'-~ .......... ----

Date: \ ..._ f.~ • { ~ 

FED:EIUL DEPOSlT INSURANCE 

CORPORATION, AS RECEIVER FOR 

CARSON RIVER BANK 

By: . . . One of Its Attor11eys 

Oarliel Oykes 

'Dyron Waite 

Richard McCole <" 2 

John Dley, attorney for l>lm1ol Dykes-, 

nyrou WaH~ RUcl Rlchm·d McCole 

I I xl,~ts(lltOJ!' o,JB~t:t Po~i; attorney for 

Cllal'lfe Glenn 

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