DISCLAIMER OF INTEREST AND DISMISSAL OF DB PRIVATE WEALTH MORTGAGE LTD.
GLORIA M. NAVARRO, District Judge.
Plaintiff Wells Fargo Bank, N.A., as Trustee for the Certificateholders of Banc of America Funding Corporation Mortgage Pass-Through Certificates, Series 2007-5 ("Wells Fargo") and Defendant DB Private Wealth Mortgage Ltd ("DB Private Wealth") stipulate as follows:
1. WHEREAS, DB Private Wealth claims no legal right, title, or interest in the deed of trust recorded in the Washoe County recorder's office against the property located at 2500 East 2nd Street #1940, Reno, Nevada 89595 (the "Property") on August 22, 2013, as Instrument No. 4271930 (the "4271930 deed of trust"), as evidenced by a Substitution of Trustee and Deed of Reconveyance, dated August 24, 2016, and attached hereto as Exhibit A.
2. WHEREAS, DB Private Wealth claims no legal right, title, or interest in the deed of trust recorded in the Washoe County recorder's office against the property located at 2500 East 2nd Street #1940, Reno, Nevada 89595 (the "Property") on August 22, 2013, as Instrument No. 4271931 (the "4271931 deed of trust"), as evidenced by a Substitution of Trustee and Deed of Reconveyance, dated August 24, 2016, and attached hereto as Exhibit B.
3. WHEREAS, DB Private Wealth and its successors expressly disclaim any and all right, title, and interest in the Property which it obtained solely pursuant to the above-referenced deeds.
4. WHEREAS, Wells Fargo agrees, based upon DB Private Wealth's disclaimer set forth herein, that DB Private Wealth should be dismissed from this action; and
5. WHEREAS, based upon DB Private Wealth's disclaimer set forth herein, Wells Fargo and DB Private Wealth agree to bear their own attorney's fees and costs.
ORDER
IT IS HEREBY ORDERED that the parties' stipulation to dismiss Plaintiff's claims against DB Private Wealth Mortgage Ltd. is GRANTED.
IT IS FURTHER ORDERED that the Clerk of Court instructed to close the case.
EXHIBIT A
Substitution Of Trustee And Deed Of Reconveyance (Dated August 24, 2016)
When Recorded Mail to:
Scott Giordano, Esq.
Loeb & Loeb LLP
345 Park Avenue
New York, New York 10154
SUBSTITUTION OF TRUSTEE AND DEED OF RECONVEYANCE
The Undersigned, DB PRIVATE WEALTH MORTGAGE LTD. (the "Beneficiary"), as the owner and holder of the notes secured by that certain Leasehold Deed of Trust, Assignment of Leases and Rents, Fixture Filing, and Security Agreement ("Deed of Trust") made by MEI-GSR HOLDINGS, LLC (the "Grantor"), as Trustor, to FIRST AMERICAN TITLE COMPANY, as Trustee, for the benefit of the Beneficiary, as beneficiary, which Deed of Trust was recorded August 22, 2013 as Doc. No. 4271930, in Official Records of Washoe County, Nevada, hereby substitutes and appoints the Beneficiary as TRUSTEE in lieu of the Trustee therein.
Whereas said SUBSTITUTED TRUSTEE, pursuant to the request of Beneficiary and in accordance with the provisions of said Deed of Trust, DOES HEREBY RECONVEY WITHOUT WARRANTY, TO THE PERSON, OR PERSONS, LEGALLY ENTITLED THERETO, ALL THE ESTATE NOW HELD BY IT UNDER SAID DEED OF TRUST.
BENEFICIARY:
DB PRIVATE WEALTH MORTGAGE LTD.
By: _______________
Name:
Title:
By: ________________
Name:
Title:
State of New York
County of New York
On August 24, 2016 before me, a NOTARY PUBLIC, personally appeared Thomas Clarke personally known to me, or proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed to this document.
(Notary Public)
State of New York
County of New York
On August 24, 2016 before me, a NOTARY PUBLIC, personally appeared John Skorupski personally known to me, or proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed to this document.
(Notary Public)
EXHIBIT B
Substitution Of Trustee And Deed Of Reconveyance (Dated August 24, 2016)
When Recorded Mail to:
Scott Giordano, Esq.
Loeb & Loeb LLP
345 Park Avenue
New York, New York 10154
SUBSTITUTION OF TRUSTEE AND DEED OF RECONVEYANCE
The Undersigned, DB PRIVATE WEALTH MORTGAGE LTD. (the "Beneficiary"), as the owner and holder of the notes secured by that certain Fee Deed of Trust, Assignment of Leases and Rents, Fixture Filing, and Security Agreement ("Deed of Trust") made by MEI-GSR HOLDINGS, LLC, AM-GSR HOLDINGS, LLC and GAGE VILLAGE COMMERCIAL DEVELOPMENT, LLC (collectively, the "Grantor"), as Trustor, to FIRST AMERICAN TITLE COMPANY, as Trustee, for the benefit of the Beneficiary, as beneficiary, which Deed of Trust was recorded August 22, 2013 as Doc. No. 4271931, in Official Records of Washoe County, Nevada, hereby substitutes and appoints the Beneficiary as TRUSTEE in lieu of the Trustee therein.
Whereas said SUBSTITUTED TRUSTEE, pursuant to the request of Beneficiary and in accordance with the provisions of said Deed of Trust, DOES HEREBY RECONVEY WITHOUT WARRANTY, TO THE PERSON, OR PERSONS, LEGALLY ENTITLED THERETO, ALL THE ESTATE NOW HELD BY IT UNDER SAID DEED OF TRUST.
Dated this 24 day of August, 2016
[SIGNATURE PAGE FOLLOWS]
BENEFICIARY:
DB PRIVATE WEALTH MORTGAGE LTD.
By: ____________
Name:
Title:
By: __________
Name:
Title:
State of New York
County of New York
On August 24, 2016 before me, a NOTARY PUBLIC, personally appeared Thomas Clarke personally known to me, or proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed to this document.
(Notary Public)
State of New York
County of New York
On August 24, 2016 before me, a NOTARY PUBLIC, personally appeared John Skorupski personally known to me, or proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed to this document.
(Notary Public)
