STIPULATION AND ORDER TO DISMISS WELLS FARGO BANK, N.A.

JAMES C. MAHAN, District Judge.

Defendant WELLS FARGO BANK, N.A., successor-by-merger to Wachovia Bank, N.A. ("Wells Fargo"), Defendant UNITED STATES OF AMERICA ("IRS"), and Plaintiff MTC FINANCIAL, INC. d/b/a Trustee Corps. ("MTC" and collectively the "Parties")), by and through their respective counsel of record, hereby stipulate and agree as follows:

1. MTC's Complaint in Interpleader on file herein seeks to adjudicate certain rights of the above-named Defendants as to excess proceeds following a foreclosure sale on December 9, 2016 under a deed of trust. (See ECF No. 1).

2. The IRS filed its Answer & Claim to Funds on September 5, 2018. (ECF No. 3).

3. Wells Fargo filed and served its Answer to Complaint in Interpleader and Claim to Excess Proceeds ("Answer/Claim") on October 23, 2018. (ECF No. 7).

4. No other party or defendant has filed an appearance.

5. Wells Fargo hereby withdrawals its Answer/Claim and disclaims any further interest in the excess proceeds at issue in the Complaint in Interpleader.

6. Now wherefore, in light of the foregoing, Wells Fargo is hereby dismissed with prejudice, with each party to bear their own fees/costs as to each other. However, nothing in this stipulation shall prejudice MTC or the IRS' rights to pursue any fees/costs from the excess proceeds at issue in the Complaint in Interpleader.

IT IS SO STIPULATED AND AGREED.

IT IS SO ORDERED.