SETTLEMENT AND RELEASE AGREEMENT 

This Settlement and Release Agreement (''Agreement") is made by, between, and among 

the Plaintiff Federal Deposit Insurance Corporation as Receiver for First Bank of Idaho, FSB 

("FDIC-R"); and Richard J. Coleman, Shannon B. Conklin, Glenn J. Jansen, and Ronald J. Kaye, 

Jr. (collectively the "Defendants"); and Federal Insurance Company ("Insurer") (individually, the 

FDIC-R, each Defendant, and the Insurer may be referred to herein as a "Party" and collectively 

as the "Parties"). 

RECITALS 

WHEREAS: 

Prior to April 24, 2009, First Bank of Idaho, FSB ("Bank") was a depository institution 

organized and existing under the laws of the United States. 

On April 24, 2009, the Office of Thrift Supervision dosed the Bank and, pursuant to 12 

U.S.C. § 182l(c), the Federal Deposit Insurance Corporation was appointed Receiver. In 

accordance with 12 U.S.C. § 1821(d), the FDIC-R succeeded to all rights, titles, powers, and 

privileges of the Bank, including those with respect to its assets. 

Among the assets to which the FDIC-R succeeded were 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 their respective functions, 

duties, and acts as directors, officers, and employees of the Bank. 

On July 29, 2014, the FDIC-R filed a complaint for money damages against the 

Defendants, each of whom served at various times as officers of the Bank. Those claims for 

damages are now pending in the United States District Court for the District of Idaho in Federal 

Deposit Insurance Corporation as Receiverfor F;rst Bank o.lldaho, FSB v. Coleman, et al., No. 

I: 14-cv-00310-CWD ("Lawsuit"). The Defendants have denied liability in the Lawsuit. 

Insurer issued ForeFront Portfolio for Community Banks Policy number I lwith.(b)(4.) 

a Policy Period effective from April 24, 2008 to April 24, 2011 ("Policy"), which includes 

Directors and Officers Liability Coverage and which insured the directors and officers of the 
Bank according to the terms, provisions, and conditions of the Policy. The Defendants sought 

coverage under the Policy for the claims asserted by the FDIC-R, including but not limited to the 

Lawsuit. Insurer has provided the Defendants with a defense to the FDIC-R's claims, including 

but not limited to the Lawsuit, subject to an Interim Funding Agreement and its reservation of 

rights. 

The undersigned Parties deem it in their best interests to enter into this Agreement to 

avoid the uncertainty and expense of funher litigation. 

NOW, THEREFORE, in consideration of the promises, undertakings, payments, and 

releases stated herein, the sufficiency of which consideration is hereby acknowledged, the 

undersigned Parties agree, each with the other, as follows: 

SECTION 1: Payment to the FDIC-R 

A. As an essential covenant and condition to this Agreement, Insurer agrees to pay 

the FDIC-R the sum of Two Million and Five Hundred Thousand Dollars ($2,500,000.00) (the 

"Settlement Payment"). 

B. Within ten business days after the full execution of an original, or originals in 

counterpart, of this Agreement by each of the undersigned Parties to this Agreement, and upon 

receipt of a W -9 which is required before any funding may occur, the Settlement Payment shall 

be delivered to the FDIC-R by check made out to "FDIC-R First Bank of Idaho, FSB ( 10055)" 

and delivered to the FDIC-R's. address. listed in Section VII.D, below. 

C. If the FDIC-R does not receive the Settlement Payment in full on or before the 

date determined by subsection B above, then the FDIC-R, in its sole discretion, shall have the 

right at any time prior to receipt of the Settlement Payment in full (including all accrued interest) 

to: 

I. Extend the period of time for the Settlement Payment, including interest 

accruing from the date determined by subsection A above, through the date of payment at a rate 

calculated in accordance with 26 U.S.C. § 662l(a)(2); or 

2. Enforce this Agreement, in which event the Insurer agrees to jurisdiction 

2 
in the United States District Court for the District of Idaho and to pay all of the FDIC-R's 

reasonable attorney's fees and costs expended in enforcing the terms of this Agreement; or 

3. Terminate the Agreement, move to vacate any dismissal order, to which 

the Defendants and Insurer agree to consent, and re-institute an action on the FDIC-R's claims. 

The Defendants and Insurer further agree to waive any defense based on any statute of 

limitations that would bar any of the FDIC-R's claims and waive all objections, defenses, claims, 

or counterclaims, and covenant and agree not to assert any objections, defenses, claims, or 

counterclaims that did not exist or were otherwise unavailable as of the date this Agreement was 

fully executed; and/or 

4. Seek any other relief available to it in law or equity. 

Any extension of time under Section I.C.l for delivery of the Settlement Payment or 

acceptance of a portion of the Settlement Payment shall not prejudice the FDIC-R's rights to take 

any of the actions set forth in Section I.C.2 through I.C.4 at any time prior to receipt of the 

Settlement Payment (including all accrued interest) in full. 

SECTION II: Stipulation and Dismissal 

Within ten business days after the latter of ( 1) full execution of this Agreement by all of 

the Parties and (2) receipt of the Settlement Payment, plus any accrued interest, the FDIC-R shall 

file in the Lawsuit a stipulation of dismissal with prejudice executed by the attorneys for the 

FDIC-R and the Defendants in the form attached hereto as Exhibit A. 

SECTION III: Releases 

A. The FDIC-R's. Releases. 

Upon receipt of the Settlement Payment in full and except as provided in Section III.D, 

the FDIC-R, for itself and its successors and assigns, hereby releases and discharges: 

I. The Defendants and their respective heirs, executors, trustees, 

administrators, representatives, successors, 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 FDIC-R that arise from or relate ro the performance, nonperformance, or 

3 
manner of performance of the Defendants' respective functions, duties, and actions as officers 

and/or employees of the Bank including without limitation the causes of action alleged in the 

Lawsuit. 

2. Insurer, its parents, subsidiaries, affiliates, and reinsurers, and their 

respective employees, officers, directors, agents, representatives, successors, and assigns from 

any and 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 Policy. As part of this release of the 

Insurer, the FDIC-R agrees that any interest it may have under the Policy is extinguished. 

3. All other former directors, officers, and employees of the Bank 

(collectively the "Covered Persons"), and their respective heirs, executors, trustees, 

administrators, representatives, successors, 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 FDIC-R that arise from or relate to the performance, nonperformance, or 

manner of performance of the Covered Persons' respective functions, duties, and actions as 

directors, officers, and/or employees of the Bank including without limitation the causes of 

action alleged in the Lawsuit. This release shall be null and void as to any Covered Person if 

such Covered Person asserts any claim against the FDIC-R. 

B. The Defendants' Release. 

Effective simultaneously with the releases granted in Section lilA above, each of the 

Defendants, on behalf of themselves individually and their respective heirs, executors, trustees, 

administrators, agents, representatives, attorneys, successors, and assigns hereby release and 

discharge: 

I. The FDIC-R and its employees, officers, directors, representatives, 

attorneys, successors, and assigns from any and 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 

Bank or to the performance, nonperformance, or manner of performance of the Defendants' 

respective functions, duties, and actions as officers and/or employees of the Bank including 

4 
without limitation the causes of action alleged in the Lawsuit. 

2. The Insurer, its parents, subsidiaries, affiliates and reinsurers, and their 

respective employees, officers, directors, agents, representatives, successors, and assigns, from 

any and 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 Policy. 

C. The Insurer's Release. 

Effective simultaneously with the releases granted in Section lilA and III.B above, 

Insurer, for itself and its successors and assigns, and on behalf of its parents, subsidiaries, 

affiliates, and reinsurers, and their successors and assigns, hereby releases and discharges: 

l. The FDIC-R and its employees, officers, directors, agents, representatives, 

attomeys, successors, and assigns from any and 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 

Policy. 

2. Each of the Defendants, and their respective heirs, executors, 

administrators, agents, representatives, successors, and assigns from any and 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 Policy. 

D. Exceptions from Releases by the FDIC-R. 

1. Notwithstanding any other provision of this Agreement, the FDIC-R does 

not release, and expressly preserves fully and to the same extent as if this Agreement had not 

been executed, any claims or causes of action: 

a. Against the Defendants or any other person or entity for liability, if 

any, incurred as the maker, endorser, or guarantor of any promissory note or indebtedness 

payable or owed by them to the FDIC-R, the Bank, other financial institutions, or any other 

person or entity, including without limitation any such claims acquired by the FDIC-R as 

successor in interest to the Bank or any person or entity other than the Bank~ and 

b. Against any person or entity not expressly released by the FDIC-R 

5 
in this Agreement. 

2. Notwithstanding any other provision of this Agreement, nothing in this 

Agreement shall be construed or interpreted as limiting, waiving, releasing, or compromising the 

jurisdiction and authority of the Federal Deposit Insurance Corporation in the exercise of its 

supervisory or regulatory authority or to diminish its ability to institute administrative 

enforcement or other proceedings seeking removal, prohibition, or any other relief it is 

authorized to seek pursuant to its supervisory or regulatory authority against any person. 

3. Notwithstanding any other provision of this Agreement, this Agreement 

does not purpo11 to waive, or intend to waive, any claims that could be brought by the United 

States through the Department of Justice, the United States Attorney's Office for any federal 

judicial district, or any other department or agency of the United States as defined by 18 U.S.C. 

§ 6. In addition, the FDIC-R specifically reserves the right to seek court-ordered restitution 

pursuant to the relevant provisions of the Mandatory Victims Restitution Act, 18 U.S. C. §§ 3322 

and 3663 et seq., if appropriate. 

E. Califomia Civil Code Section 1542. 

The Parties agree that the releases provided in this Agreement include and encompass a 

release and waiver of any and all rights or benefits conferred by the provisions of Section 1542 

of the California Civil Code and/or any other federal statute or common law principle of similar 

effect. The Parties acknowledge that they have been advised by legal counsel and are familiar 

with the provisions of Section 1542 of the California Ci vii Code, which provides as follows: 

A general release does not extend to claims which the creditor 

does. not know or suspect to exist in his. or her favor at the time 

of executing the release, which if known by him must have 

materially affected his or her settlement with the debtor. 

In connection with this waiver, the Parties hereby acknowledge that they are aware that 

they may hereafter discover claims or facts in addition to, or different from, those which they 

now know or believe to exist with respect to the subject matter of this Agreement. 

6 
SECTION IV: Waiver of Dividends and Proceeds from Litigation 

To the extent, if any, that Defendants are or were shareholders of the Bank or its holding 

company and by virtue thereof are or may be entitled to a dividend, payment, or other 

distribution upon resolution of the receivership of the Bank or proceeds in any litigation that has 

been or could be brought against the Federal Deposit Insurance Corporation in any capacity or 

against the United States based on or arising out of, in whole or in part, the dosing of the Bank, 

or any alleged acts or omissions by the Federal Deposit Insurance Corporation in any capacity, 

the United States government, or any agency or department of the United States government in 

connection with the Bank, its conservatorship, or receivership, Defendants hereby knowingly 

assign to the FDIC-R any and all rights, titles, and interest in and to any and all such dividends, 

payments, or other distributions, or proceeds. 

SECTION V: Representations and Acknowledgements 

A. Authorized Signatories. All of the undersigned persons represent and warrant that 

they are Parties hereto or are authorized to sign this Agreement on behalf of the respective Pany, 

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, trustees, administrators, representatives, 

successors, and assigns. 

B. Advice of Counsel. Each Party hereby acknowledges that he, she, or it has 

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

this Agreement has been explained to that Party by his or her counsel. 

SECTION VI: Reasonable Cooperation 

The Parties agree to cooperate in good faith to effectuate all the terms and conditions of 

this Agreement, including doing, or causing their agents and attorneys to do, whatever is 

reasonably necessary to effectuate the signing, delivery, execution, filing, recording, and entry of 

any documents necessary to conclude the Lawsuit and to otherwise perform the terms of this 

Agreement. 

7 
(b)(6) ... 

SECTION VII: Other Matters 

A. No Admission of Liability. The undersigned Parties each acknowledge and agree 

that the matters set forth in this Agreement constitute the settlement and compromise of disputed 

claims and defenses, that this Agreement is not an admission or evidence of liability, wrongdoing 

or infirmity by any of them regarding any daim or defense, such liability being expressly denied, 

and that the Agreement shall not be offered or received in evidence in any lawsuit or 

administrative proceeding by or against any Party except to enforce its terms. 

B. Execution in Counterpal1s. This Agreement may be executed in counterparts by 

one or more of the Parties and all such counterparts when so executed shall together constitute 

the final Agreement, as if one document had been signed by all Parties; and each such 

counterpart, upon execution and deli very, shall be deemed a complete original, binding the 

Parties subscribed thereto upon the execution by all Parties to this Agreement. 

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

according to applicable federal law or, in its absence, the laws of the State of California. 

D. Notices. Any notices required hereunder shall be sent by registered mail, first 

dass, return receipt requested, and by email, to the following: 

If to the FDIC-R: 

Brian Marshall Simmonds 

Federal Deposit Insurance Cmvoration 

3501 Fairfax Drive 

Room VS-B-7072. 

Arlington, VA 22226-3500 

703-516-5048 

................. (H ______ __, 

8 
(b)(6) ............ . 

(b)(6) . 

(b)(6) .. 

With a copy to: 

Steven K. Blackhurst 

Ater Wynne LLP 

Lovejoy Building 

1131 NW Lovejoy St, Ste. 900 

Ponland, OR 97209-3280 

503-226-8439 

•••••••••Jm •••• 

If to the Defendants: 

If to Insurer: 

Edward A. Lawson 

Lawson Laski Clark & Pogue, PLLC 

675 Sun Valley Road, Suite A 

P.O. Box 3310 

Ketchum, ID 83340 

208-725-0055 

Allison Rose, Esq. 

Federal Insurance Company 

555 South Flower Street, 41

h Floor 

Los Angeles, CA 90071 

213-833-5209 

E. Entire Agreement and Amendments. This Agreement constitutes the entire 

agreement and understanding between and among the undersigned Parties concerning the matters 

set forth herein and supersedes any prior agreements or understandings. Upon FDIC-R's receipt 

of the Settlement Payment in full, the Tolling Agreement between the FDIC-R and the 

Defendants dated March 13, 2012, and its amendments, is terminated and superseded by this 

Agreement. This Agreement may not be amended or modified, nor may any of its provisions be 

waived, except in writing signed by the Parties bound thereby, or by their respective authorized 

attorney(s) or other representative(s). 

F. Titles and Captions. All section titles and captions contained in this Agreement 

are for convenience only and shall not affect the interpretation of this Agreement. 

9 
G. No Confidentiality. Th~ undersigned Patties acknowledge that this Agreement 

shall not be confidential and will be disdos~d pursuant to the Federal Deposit Insurance 

Corporation's applicahle policies, proc~dures, and other legal rcquircmcnls. 

IN WITNESS WHEREOF, the Parties hereto have caused this Agreem~nt to be executed 

by each of them or their duly authorized representatives on the dates hereinafter subscribed. 

FEDERAL DEPOSIT INSURANCE CORPORATION AS 

RECEIVER FOR FIRST RANK Or IDAHO, FSB 

(b)(6) i)~t~~'ll''\"" Ho Ho FiYIL... __ ·•••••••-••••••••••-•••••••••-••••••••••-••••••••••-••••••••••-••••• _••••••••••-••••••••••-••••••••••-••••••••·-----------! 

TITLE: Counsel 

PRINT NAME: Brian Marshall Simmonds 

RICHARD J. COLEMA:--J 

Date: SIGNED: 

PRINT NAME: 

SHANNON R. CONKLIN 

Date: SIGNED: 

PRINT NAME: 

10 
G. No Confidentiality. The undersigned Parties acknowledge that this Agreement 

shall not be confidential and will be disclosed pursuant to the Federal Deposit Insurance 

Corporation's applicable policies, procedures, and other legaJ requirements. 

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed 

by each of them or their duly authorized representatives on the dates hereinafter subscribed. 

Date: 

Date: 

FEDERAL DEPOSIT INSURANCE CORPORATION AS 

RECEIVER FOR FIRST BANK OF IDAHO, FSB 

BY: 

TITLE: Counsel 

PRINT NAME: Brian Marshall Simmonds 

RICHARD J. COLEMAN 

SHANNON B. CONKLIN 

SIGNED: 

PRINT NAME: 

10 
DocuSign Envelope 10 C3161 CD8-A9E7-4651-977B-4A6A942FB048 

(b)(6) 

Q. No ConfideotiaUty. The undersia:ned Parties acknowledge that this Agreement 

shall not be confidential and will be disclosed pursuant to the Federal Deposit Insurance 

Corporation's applicable policies, procedures, and other lepl requirements. 

IN WITNESS WHEREOF, the Parties hereto have caused this Acreemcnt to be executed 

by each or them or their duly authorized representatives on the dates hereinafter subscribed. 

Date:_ 

Date: __ 

FEDERAL DEPOSIT INSURANCE CORPORATION AS 

RECEIVER FOR FIRST BANK OF IDAHO, FSB 

BY: 

TITLE: Counsel 

PRINT NAME: Brian Marshall Simmonds 

RICHARD J. COLEMAN 

SIGNED: 

PRINT NAME: 

SHANNON B. CONKLIN 

Dale: s_t_16_

120.:_i,..._ ______ SIGNEf-:--- PRlNT NAMEt"Sfiannon B. Conklin 

10 
GLENN J. JANSEN 

Date· ~ - Lf- UJJ 5" ·-- I I (b)(6l 

SIGNED: -- ----~'-'--' 

PRINT NAME: G I e 11':t f. X h..[ e ~ 

RONALD 1. KAYE, JR. 

Date: SIGNED: 

PRJNTNAME: 

Chubb & Son, a division of 

FEDERAL INSURANCE COMPANY 

Date: _ _ BY: 

TITLE: Assislant Vice President 

PRINT NAME: Allison Rose 

II 
DocuSign Envelope ID 1 37669JF-A011-4731·AE64-C6FCAOCDOFB4 

GLENN J. JANSEN 

Dale: SIGNED: 

PRINT NAME: 

RONALD J. KAYE, JR. 

(b)(6) - oare:BL1112o.ts_ -- . ······································ SI6NED:I I 

PRINT NA':-::-ME=-: --;::"Ro~n~a....,lr-"oll'""""l:J:""- Kaye, J r • 

Chubb & Son, a division of 

FEDERAL INSURANCE COMPANY 

Dale:_ BY: 

TITLE: Assistant Vice President 

PRINT NAME: Allison Rose 

II 
GLENN J. JANSEN 

Date: SIGNED: 

" PRINT NAME: • 

RONALD J. KAYE, JR. 

Date: SIGNED: 

PRINT NAME: 

Chubb & Son. a division of 

FEDERAL INSURANCE COMPANY 

(b )(6 ) ............................... ······o ··a·····l······· e :··- ····················································· ········································· ....................... ............... ········f3· ·y ...·I ............ ............ ... ........................ . .... TITLE: Assistant Vice President 

PRINT NAME: Allison Rose 

II 
EXHIBIT A 

STEVEN K. BLACKHURST, admitted pro hac vice 

(b)(6) ~::mail: I---············ ··· ·· I 

LORI IRISH BAUMAN, admiTTed pro hac vice 

(b )(6 L. .---~=ma.iLI.. . -······· ······ · I 

LORIANNE G. HANSON, admitted pro hac vice 

(b )(6)....... ~:mail:l.--· I 

ATER WYNNE LLP 

1331 NW Lovejoy Street, Suite. 900 

Portland, OR 97209-3280 

Telephone: (503) 226-1191 

Facsimile: (503) 226-0079 

JOSHUA S. EVETT, ISB #5587 

(b )(6) .... ~=~-'!i.l:.J. ... . . ELAM & BURKE, P.A. 

251 East Front Street, Suite 300 

PO Box 1539 

Boise, ID 83701 

Telephone: (20R) 343-5454 

Facsimile:. (208) 384-5844 

Attorneys for Plaintiff 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF IDAHO 

FEDERAL DEPOSIT INSURANCE Case No. l: 14-cv-0031 0-cwd 

CORPORATION AS RECEIVER FOR 

FIRST BANK OF IDAHO, STIPULATION OF DIMISSAL WITH 

PREJUDICE 

Plaintiff, 

v. 

RICHARD J. COLEMAN, SHANNON B. 

CONKLIN, GLENN J. JANSEN and 

RONALDJ. KAYE, JR., 

Defendants. 

STIPULATION OF DISMISSAL WITH PREJUDICE- Page 1 

ATER WYNNE LLP 

I ~:II NW LOVEJOY STREET. SUITE l)()() 

PORTLANU. OR 97209·32SO 

(503) ~26-11')1 

2214435/1/JMP/1 050~'0-00 12 
EXHIBIT A 

STIPULATION 

Pursuant to Federal Rule of Civil Procedure 41 (a)( I )(A)(ii), Plaintiff, Federal Deposit 

Insurance Corporation as Receiver for First Bank of Idaho, Ketchum, Idaho, and Defendants, 

Richard J. Coleman, Shannon B. Conklin, Glenn J. Jansen, and Ronald J. Kaye, Jr., by and 

through their undersigned attorneys, hereby stipulate to the dismissal of this action and all claims 

asserted in it, with prejudice and without costs or fees to any party. 

Respectfully submitted this __ day of June, 2015. 

ATt:R WYN!"E LLr LAWSON. LASKI. CLARK & POGll E, PLLC 

s/ Steven K. Blackhurst 

Steven K. Blackhurst, OSB No. 730320 

Admitted Pro Hac Vice 

1331 NW Lovejoy Street, Suite 900 

Portland, OR 97209-32RO 

Tel: (503) 226-1191 

Fax: (503) 226-0079 

(b )(6) ........ L... ... m I 

ELAM & BURKE, P.A. 

sl Joshua S. Evett 

Joshua S. Evett, ISB #5587. 

251 East Front Street, Suite 300 

PO Box 1539 

Boise,. ID . 8370 l. 

Telephone: (208) 343-5454 

Facsimile: (208) 384-5844 

(b)(6) .............................. 1 I 

Allorneysfor P/a;nt(ff Federal Deposit 

Insurance Corporation as Receiverfor. 

First. Bank of Idaho 

s/ Edward Lawson 

Edward Lawson 

Erin F. Clark 

Heather 0' Leary 

675 Sun Valley Road 

Suite A 

PO Box 3310 

Ketchum, ID . 83340 

Tel:. (208) 725-0055 

Auorneysfor Defendants 

. ................. (.~.)('?.) 

Richard J .. Coleman .. Shannon Bakker 

Conklin, Glenn Jansen and Ronald J .. Kaye. 

Jr. 

STIPULATION OF DISMISSAL WITH PREJUDICE- Page 2 

ATER WYNNE LLP 

n:11 NW LOVEJOY STREET. SUITE l)()() 

PORTLAND. OR 97209·32SO 

(503) ~26-11')1 

2214435/1/JMP/1 050~'0-00 12 
(b)(6) .. 

EXHIBIT A 

CERTIFICATE OF SERVICE 

I hereby certify that I electronically filed the foregoing document with the Clerk of the 

Court using the CM/ECF system, which will send notification of such filing to the following 

persons: 

Edward Lawson 

....................... !_-··-· ______ ..... Erin Clark 

(b)(6)_ H 

00 00 

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

Heather O'Leary 

l······· 

Lawson Laski Clark & Pogue, PLLC 

675 Sun Valley Road, Suite A 

PO Box 3310 

Ketchum, ID 83340 

Attorneys for Defendants 

DATED: May_, 2015 

s/ Steven K. Blackhurst 

Steven K. Blackhurst, admitted pro hac vice 

Attorney for Plaintiff 

CERTIFICATE OF SERVICE 

Federal Deposit Insurance Corporation as Receiver 

for First Bank of Idaho 

ATER WYKKF. LLP 

13~ 11'\W LOVEJOY STREET. SUITE 900 

POIULAI'D. OR 117209·3280 

(50;!) 226-1191 

2214435/1/JMP/1 050~0-00 12