IN THE CIRCUIT COURT OF THE
    11TH 

    JUDICIAL CIRCUIT IN AND FOR 

    MIAMI-DADE COUNTY, FLORIDA
	 	 
	 	CASE NO. 15-016284 CA 02



 





HELPFUL
CAPITAL GROUP, LLC,


 


Plaintiff,


 


vs.


 


ANTHONY
CHAO, et al.,


 


Defendants.


 


__________________________________/


 


STIPULATION
FOR SETTLEMENT


 


Plaintiff
HELPFUL CAPITAL, LLC, a Florida Limited Liability Company, (Plaintiff “Helpful”) and Defendant THRIVING INVESTMENTS,
LLC, a Florida Limited Liability Company (Defendant “Thriving”), and FVZ, LLC (Third-Party Defendant “FVZ”),
(collectively, Helpful, Thriving and FVZ may be collectively referred to as the “Parties” and each may be referred
to as “Party” herein), by and through their undersigned counsel, hereby enter into this Stipulation for Settlement
(the “Settlement”), and affirmatively state as follows:


 


	 	1.	Plaintiff
    Helpful has agreed to sell its First Mortgage recorded at O.R. Book 22955, Page 3697 of the Public Records of Miami-Dade County,
    Florida (the “First Mortgage”) and all loan documents a part thereof which form the basis of the instant litigation
    to Thriving, and Thriving has agreed to purchase Helpful’s First Mortgage and all loan documents a part thereof from
    Helpful (collectively referred to as the “Assignment”), in exchange for the following: 
	 	 	 
	 	2.	Defendant
    Thriving will pay FIVE HUNDRED AND TEN THOUSAND DOLLARS ($510,000.00) (“Settlement Payment”) in consideration
    for the resolution of this action in toto, the Settlement terms contained herein and the Assignment; Upon execution
    of this Settlement, Defendant Thriving will wire transfer the Settlement Payment to the trust account of Edward F. Holodak,
    Esq., as escrow agent (“Escrow Agent”). Said funds shall be held by Escrow Agent in Trust and shall not be released
    and/or disbursed by Escrow Agent until such time as Escrow Agent receives written confirmation by counsel for Thriving that
    Helpful and FVZ have fully complied with their obligations as delineated in the paragraphs below regarding the corrections
    necessary to the Certificate of Title of the Property, as defined below, and the completion of the other conditions delineated
    below. 


 




    	 	 	 



     

    

 


CASE NO. 2015-016284 CA 02


Stipulation for Settlement




 


	 	3.	In
    consideration for the Settlement Payment, Plaintiff Helpful shall execute the Assignment to Defendant Thriving. The Assignment
    will be provided to Helpful for signature within three (3) business days from the date of execution of this Settlement. Helpful
    shall execute the Assignment and provide all original loan documents related thereto together with the executed
    Assignment to Thriving within two (2) business days from receipt of the revised Assignment. 
	 	 	 
	 	4.	Helpful
    warrants and represents that it has not sold or hypothecated the subject First Mortgage and loan document to any third party
    whatsoever and that it is the owner and holder of the First Mortgage and the loan documents free and clear of any and all
    encumbrances and has the right, power, and authority to sell the subject First Mortgage and loan documents to Thriving as
    negotiated herein. 
	 	 	 
	 	5.	Helpful
    and FVZ shall ensure that the Certificate of Title to the subject mortgaged real property located at 111 NE 43 St.,
    Miami-Dade County, Florida (the “Property”) is corrected for the benefit of Thriving to properly reflect
    the legal description of the Property to the satisfaction of the Title Underwriter, Old Republic National Title Insurance
    Company, pursuant to the Title Commitment. A true and correct copy of the Title Commitment is attached hereto as Exhibit
    “A” and is incorporated herein by reference. 
	 	 	 
	 	6.	Further,
    Plaintiff Helpful and/or FVZ shall execute and present to the Court, as needed, all documents necessary to assist Defendant
    Thriving in resolving any and all outstanding issues related to the Certificate of Title to the Property, which Defendant
    Thriving obtained at the foreclosure sale under Case Number 2014-024391-CA-01, which was initiated by FVZ, at FVZ’s
    and/or Helpful’s expense.


 




    	 	 	 



     

    

 


CASE NO. 2015-016284 CA 02


Stipulation for Settlement



 


	 	7.	Defendant
    Thriving acknowledges that upon execution of the Assignment, it will be responsible for all outstanding real estate taxes
    on the mortgaged Property.
	 	 	 
	 	8.	The
    Parties shall dismiss with prejudice all pending cases as between them and any third party within three (3) days from execution
    of this Settlement, with the Court reserving jurisdiction to enforce the terms of the Settlement.
	 	 	 
	 	9.	In
    consideration of all of the above, the Assignment which shall be executed consistent with the terms herewith, and the Settlement
    Payment, the sufficiency and receipt of which is hereby acknowledged, and entered into among the Parties, Helpful and
    FVZ and Thriving and their respective present and future members, directors, heirs, successors and/or assigns, hereby mutually
    release, discharge, remise, acquit and forever satisfy each other, together with all of its present and future members,
    directors, heirs, successors and/or assigns, respective agents and attorneys, from any and all past, present or future
    claims, actions, causes of action, demands, damages (including, but not limited to, compensatory, special, exemplary, punitive,
    statutory, incidental, consequential, economic and non-economic), suits, appeals, debts, sums of money, accounts, reckonings,
    attorney’s fees, costs, bills, covenants, contracts, controversies, agreements, promises, claims and demands whatsoever,
    at law or in equity, whether known or unknown, from the beginning of the world to the date hereof, including, but specifically
    not limited to, any claim or matter that could have been asserted, were attempted to be asserted, or that arose directly or
    indirectly from the litigation between the Parties in connection with the mortgaged Property which Thriving obtained at the
    foreclosure sale under Case Number 2014-024391-CA-01 and which is the subject of this action. This Mutual Release does not
    release the Parties from compliance with the terms of the Settlement, which are specifically carved out of this Mutual Release.
    
	 	 	 
	 	10.	Each
    Party shall bear their own respective court costs and attorney’s fees.


 




    	 	 	 



     

    

 


CASE NO. 2015-016284 CA 02


Stipulation for Settlement



 


	 	11.	The
    duties of Escrow Agent shall be limited to receiving and maintaining the Settlement Payment in its Trust Account and disbursing
    said Settlement Payment to Helpful only after receipt of authorization to disburse in writing from counsel for Thriving, Aliette
    D. Rodz, Esq. (the “Authorization to Disburse”). In the event of a disagreement about the interpretation of this
    Agreement, or the Authorization to Disburse or as to the rights and obligations hereunder, or the propriety of any action
    contemplated by Escrow Agent hereunder, Escrow Agent shall not disburse the Settlement Payment until agreement in writing
    is reached by and among the Parties hereto or pursuant to Court Order. 
	 	 	 
	 	12.	Escrow
    Agent may resign and be discharged from its duties hereunder at any time by giving at least ten (10) days’ written notice
    of such resignation to the Parties, specifying a date upon which such resignation shall take effect; provided, however, that
    the Escrow Agent shall continue to serve until its successor, accepts such position and specifically accepts the Settlement
    Payment and the terms of this Settlement by signing an Addendum hereto specifically accepting same. 
	 	 	 
	 	13.	This
    Settlement may be signed in counterparts by the Parties, a copy of which shall be deemed an original for all legal purposes.
	 	 	 
	 	14.	The
    Court shall retain jurisdiction to enforce the terms of the Settlement and/or the Assignment, as deemed necessary.


 




    	 	 	 



     

    

 


CASE NO. 2015-016284 CA 02


Stipulation for Settlement



 


AGREED
TO AND ACCEPTED BY:


 


	Helpful Capital, LLC 	 	Thriving Investments, LLC
	 	 	 	 	 
	By:	/s/
    Sergey Gurin	 	By:	/s/
    Maria C. Longo
	Title:	Manager
    of Managing Member 	 	Title:	Managing
    Member


 


	FVZ, LLC, Third-Party 	 
	 	 	 
	By:	/s/
    Val Zevel	 
	Title:	Managing
Member	 


 


	/s/
    Edward F. Holdak	 	/s/
    Aliette D. Rodz
	Edward
    F. Holodak, Esq.	 	Aliette
    D. Rodz, Esq.
	Attorney
    for Helpful Capital	 	Attorney
    for Thriving Investments, LLC
	and
    FVZ, LLC and as Escrow 	 	 
	Agent
    under the terms of this 	 	 
	Agreement