. St-:TTLJt:MENT AGREEA1ENT AND RELEASE 

This S¢ttl\.•:mctlt Agxccrncnl ~p.d Release (~Asreement•iLi$< 1lutd¢ a~<~1f ~hi~ 3't77tXay of 

~!?i:'.'!!lE .. ~~ 20!3~ b;·~ between~ ~nd among the Fcdcml .D(.i:posit tmmmnce C('trporntioo as . . . . . 

·~ ~ecetl/tll' . .,. . . " 101:" .. t\t\1 ..,. ·r· Hl({t ·· . . utm n· ·k ·~ ·r:·L ib...r.a {. 0·1·. 

.· UO e. ;.>UVmgs • . ·. ~, ~.:~.:m: . k . {··I'DlC' •• ' . . ,.•i,. r1-•~ ,; i\..c·1 L~. JS ~· · . , . ('O*'r'I'J{AC'·TJNC 1:1. ·· ... , + ' ·), . . . 

. . . . . . . . 

BE~STand m~y be r~tcrred to her~in as<a ·•r;~ttyt ~md coHcc~iv\\llY ~s tl~c ;~P~r{tt;$t~), 

On Dccembm·4, 2009; the om~c <.'fThrlft StiJXirvhdnn dosed the B~nk ~lld appt,httcd . . . 

tha5.e with res1~ct it) h~ ~sse~s... 

1\ d1sputcha~ .:trisen hehveen the .Pnrtics with re:spcct f<.~ drihns by the F'!l!Cw[{rdatedt<> 

·ttn '~"~.~t·~·~·,.i..,.:,,.i"' in:ri.:i l~t~s·'r.~· . A f r UJAMI CO'NST!PJC.. l'UJN INc:.('"'ALI; M~. fA·M·lH) ~.,..l {•C 'k'C .Ch'<J.,u " l'I'Hl.,;,}f 01.:: ~ t\;t,~, ~~··L . . . ,. .. . .....\. . . . . ~ . . . . . . ... .. . . , . . ~ ..... 

R.EMilERTO CONTRERAS C'CONTRERAS'1 {C4.~llec.dvely rcf~rred to m~ ''DEFENDANTS'') 

$C(!{iccs ~t~ \)onstrw;:tietn of a bank br~nqh t,uHd1ngin Sunrise, Flm1dat as l!illcgC{i in thtrCircult 

CmJrtactiml in 1hc l71h Judiciul Clrd~il1 h' and tbt Bl\tW~rd Cmm1y~ fll<)i'i<kti Ca~e No, 08­

. . 

FDIC·R hils rcpres.ctlted. tlfutit is.the exclusive holder of~H.Ciaim~' 11otviithstimding it~ 

. . . . . 

s~dc of the t~at1'k s nssct$ toN~'" Yolk Cmnnumity B~nk~ .:md thattbcrt\ are no other tm~ssciioo 
AmTrl}S( Bl.lnk that have not been ~ssigncd to FDIC-R nnd that have no1 been. ~$Setted in the 

instant action. 

The Pna1:ies engaged in se1tlement negotiations as a re~mlt ofthe Circuit Cowt action. The 

Parties llOW deem il in their best in1ercsts to cntor into this Agreement to avoid the \tncertainty, 

trouble. and expense -of litigation) without the admis~ion ofany wrongdoing. 

"KOW~ THEREFORE, in <:oosidcraticn of the promises. undertakings~ pilyments~ aud 

releases smtcd herein, the sufficiency ofwhich consideration is hereby ~cknowledged~ thr:. 

tmdcr.signed Parties agree. each with the other~ as follows: 

SECTION I: Payrmmt to FDIC-R. 

A. As an essential covenant and <.ondltion to this Agreem~nt, MHS~ by and thr\:lugh 

its insunmce carrier, shall pay to the FDJC~R the total stun ofSixty-Two Thousa11d Five Hundred 

l>otlars (S62.5QO) (the "MHS Settlement Payment"). MHS shall sat1sfy its payment obligation 

by rendering its payment on or before 30 days aner the sigtting of this Settlement nnd Release 

Agreement. 

B. In addition, a1so as an essential to"t·emmt attd condition to this Agreement, on or 

before 30 days after the signing of thi~ Senlernent ~nd Retease Agreement. BEST, by and 

through its insurance carrier~, shall pay to the FDIC-R the tma1 sum of Three Hundred Thirty· 

Seven Thousand Five Hundred Dollars S3J71500} (the ''BEST Settlement Payment"), (The MHS 

Settlement Payment fmd the Bl:ST Settlement Paymenl are refel'tro to cotlcctivdy herein as the 

uScttlcment Paymenf'). The Settlement Payment shall be made by a check made payab-le to 

"FDlC as Receh'er of AmTrust Bank'' and shall include reference to osunrise na11k Branch" in 

the memorandum, 

2 

C, lf the FDIC·R does not r~eive the SeUiemenl P'ayntem. 111 fttlJ on or before the 

dates determined by suht>aragraphs A and B above C'SctUement Payment Due Date .. ~ then the 

FDJC-R, in its sole discrction1 shan have the risht as to the defESuUing settling party(ies) only; 

L extelid the period ofthne tbr payment. including interest accruing from the 

Settlement Payment Due Date through the date of payment nt a rate calculnted in 

accord~nce wHh ~ SS.03, Flmidu Statut~; or 

2. enforce this Agreement and, in such event, Defendants agree to 

jurisdi~tion ht the l 7l'h Judicial Circuit, in and for Brownrd County, Florida and the 

prevailing pmty in any such ac1101t shall be C~ttitlcd to atto:r:ncy•s fees and costs. expended 

in enforcing the terms ofthis Agree-.nent• or 

3. declare this Agreement nuH and void, rrrovc to vacate any dismissal order, 

to whith Defendants agree to .consent, and institute an fi.Ction on the fDlC-R,s Claims; 

and/or 

4. seek any other relief availnb1e to it it) Jaw or equity. 

Any exlension of time for delivery of the Settlernenl ?ayment sln\ll not prejudice the FDJC-R ~s 

right to take other action 'Jr seek any rellefduring or after such period or extensicm, including the 

right to bring an action to cmforce the Agreemwt! or declare the Agreement null and void. 

SECTION Jl: Rf:lca~J~s. 

Ettch Party acknowledges that this Agreement applies to all claims for injuries, damages. 

or losse& of any type or natl.tre (whelher those injuries, damas~~ or losses .arc known or 

unknown, foreseen or unfor~seen, patent or latent) which that P~n1y may have against another 

Party arising fhnn. the Claims. 

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A. The t~PIC-Rt$ Bw~. 

Upon receipt of the Settlement Paytneut, and e4cept as provided in PARAGRAPH H.D., 

the 'PDJC-R~ tbr Hselt' and its successors and .assigns, hereby releases and dischar,gcs Dcfc.ndanls 

ru'ld their respective employees. officers, directors, rcprcsentath·es, insurers, re-insurers.. heirs. 

executors~ ooministrators, agents~ (ltfon-.eys. successors ::md assignst fi·om any and all claims! 

demands. coutrat1s, obliguti<-N"~Sx dumagest nctionst and causes ofaction, direct or indirect, in. ht\\' 

c.r in equity belonging to the FDIC-R. Prising out of or rel~tirt,g to lhe facts and circumstances 

giving rise to the Claims~ including but oot limited to tho~ actually brought or 1l10se that could 

have been broughl in Ca~e Number 08-054859-04. 

ll. MHSts Release. 

Effective simultaneously with the release in PARAGRAPH ILA. above; MH'S, 011 bclmlf 

of itself, and its respettive employe~s. offi¢ers, directm·s, rcp~scntatives, insurers, r.c-.insurers, 

heirs, executor~, administmtors. successors and assigns, hereby releases ~nd discharges the 

FDTC-R and BEST, an.d their cm.ployccs, oft1ccrs. directors, representatives~ agents~ attcmeys~ 

successol's and assigns~ from any and an clnhns belonging to MHS or its insurers, arising out or 

or relating to the fads and circumstances alleged by the Claims, including but not limHcd l" 

those actually brought or those th:lt -co~ild have been brou,ght in C«lse Number 08-054859-04, 

C. Bl5S'f's Retease. 

Effective simultaneously with the release in PARAGRAPH ll.A. nbo•·e, BEST, on behalf 

of it~elf1 and its respective employees, offi-cers, dir~tors. repre:«:ntativcs, insuren:l, re-insurers~ 

heirs. executors, administrators, successors and ussigns1 hereby releases and discharges the 

F'OlC-R and MHS. and their employees, officers, director~, represental1ves, agl;)nts, attomey.s, 

successors and assigns. frona any and nH claims belonging to BEST or its insurers) arising cut of 

4 

or relating to the facts and circumstances alleged by the Cl&iros, including hut not limite:d to 

1hosc actually brought or those that could have been brought in Case Number 08-054859-04. 

D. Bxce,t?tlons to Release hy F'DTC-R. 

1. Notwithstandil'lg an)' other proviswn of this Agreetnent, the PDIC-R does 

not release, and expressly preserves folly and to the same extent as if this Agreement hAd not 

beelt executed, any claims or causes ofaction: 

a. against Defendants or cmy other person .or entity for liability,. if 

any, incurred as the maker, endorser or guarantor of any pr()mis.sory note or indebtedness 

payable or owed by them to FD[C-R~ the Bank, other finnnciaJ institutions~ or any other person 

or entityi including without limitation any claim~ acquired by FDJC~R as successor in interest to 

the Bank or any person or entity other than Bank; 

b, as,ainst any person or entity not e.xpres:sly released by the FDlC·R 

c.. which are oo1 expressly released in PARAGRAPH IJ.A. above. 

2. Notwithstanding any other provision of this Agreement, ne~thing herein 

limits, wai\'es. releases, diminishes ar compromises the jurisdiction and authority of the Federal 

Deposit Insunmce Corporation in the exercise of its superviswy or reg\datory authority to 

in~titute administrative e•dotccmNl.t or orher p-roceedings seeking remcwal. prohibition, civil 

penalties. restitution or other relief it fs authorized to seck pursualit to its supervisory or 

regulatory muhority against auy person, (,)r ..vhich may arise b)~ operation. of law) rule, or 

regulutiort, that rhc FDIC hr.s jurisdiction over. Nothing in these docmncnts or the subjoct 

litigatio1'1. is intended to suhmit the Dei~'tdnms. or signatories lo this settlement and rclease 

agt·ecmcnt. to the supervisory or r~gulatory rmthorhy ofthe Fnrc. 
3. Notwithstanding uny other provisiot) of this Agreement, this Agr~e ent 

does not waive any claims which could be brought by the United S1ates through the Department 

of Jt..1~Hc~} <>r the United States Attome},;S Office for any federal judicial district. Jn addition ~ the 

FDEC specifically reserves the righl to seek court ordered restitution 1mrsuunt to the relevant 

provisions ofthe Victim and 'Witness Protection Act1 18 U.S.C. § 3663. et. seq., if appropriate. 

E, Dismissftl of Actioo. Upon the timely receipt ~md cleanmcc of ~11 paym.ents due 

pursuant to Paragraph 1 above, counsel for Plaintiff shall thereupon file a Motion for Final Order 

of Dismissal, whkh the pttr1i<:s hereto stipulate should be granted withoul ne-cessity ()fa hearing, 

and pro,riding for the entry of a Final Order of Dismissal of this action} approving this 

Ag ~m~1t7 and dismissi.r\g the action wid1 ~udiceot wirh ~nch party to bear its respective 

atmrncys• fees. and costs. Tn relation 1o the F'in.al Order of Dismiss ~ the parties hereto 

acknO\vlcdge ~nd agree that any 1.mttsscrtcd claims, if any, including Glairns for attorney's fees. 

by Defendants which did not 1.,artidpa1c in mediation or this Agreement shall also be deemed 

dismissed~ with prejudice, based upon tb.e lack of .record aclhity by sueh Def~ndan s, an<i faih..rre 

to appear at 1nediation as ordered by the Court. 

SECTION III: Insolvency. 

A. !1J191Xal.C:Y· 

MHS watTants as. to payments made on its behalf by its insurer, thnt at the time of such 

payment MHs• insurer is not insolvent nor wil1 the payment made by or on its be11alf re..'1der it 

insolvent within the meaning and/or for the purposes of the United States Bankruptcy Code. 

This wananty is made by MHS and its insurer. and not by its couuscl. 

IJEST warrants itS to payments made on. i1s behalf by its insurers. that at the time cf sucb 

payment BEST's Jt ur r& arc not insolvent nor will the payment made by etr on its behalf ren-der 
it insolvent within the meania)g and/or fer the purposes of the United States Btmkruph:y Co~k 

This warranty is made by BEST and its insurers. and not by its (ouns.el. 

ht the event that the fDIC-R is required to return any portion ofthe Seltlemen.t Payment 

due to a final order by a cou11 that the tl'ansfer of the Settlement Payment or any portion thereof 

constituted a preference, \'Oidable preference~ frauduleut transfer or similar transaction1 thea, in 

its sole di~retion~ the FDJC-R may~ without '''aiver of a11y other rights it may ha\'e in law or 

equity. purs\.te any of the fights .at~d rcmcdios set forth in pnragraph I{C) above~ and/or oth~rwlse 

pennhted by hw1. 

SECTION IV: Termination. 

In lhe event the FDTC-R exercises i4s right ro declare fhis Agrcom.cn.t nun and void as 

pwvidcd herein~ then, for the purposes of any statute of limHaHcms or other time-based defense 

to any of the- Cl.aim.s of the FDJC... R, the purtie:; to this Agre¢tnent shall be deemed to have 

reYerted to their respective s.1nlus ils of 5~00 p.m. Easicm Time on the d~te this Settlement 

Agreement was executed. 

SECTION V: Notkcs. 

Any notices required hereunder shall be Stmt by registered mail, first class, return receipt 

request-ed, ~md may also be sent by email. to the following; 

ffto the FDIC-R: 

WiHiam J. Cea, Esq. 

Mark J. Sternplcr, Esq. 

Becker & Poli~lkoff, P,A. 

625 N. Flagler Drive. 1'h FL 

West Palm [leach, Floridtl33401 

(561 )655-5444 

(b)(6) 

··········1'---_____, 

7 
If to MHS: 

Jeffrey \V. Johnson1Esq. 
 Mich~el \Vargo, Esq. 


Johnson law Group 


1900 N.\V, Corporate Bou e\ra~ Suite 4SO 


Boca Raton, Florida 3343 J 


Telephone; .S61-994w94l3 


(b)(6) 

- t- oBEST: 

Rube11 Fitzsimm.ons, Esq. 


Rumberger, Kirk & Ca dwe11~ P.A. 


Brickell Bayview Centre 


80 Southwest 8th Streot, Suite JOOO 


Miami, I~lorida 33130-3037 


Telephone: 305-995-542.5 


(b)(6) 

~-

And, 

Jed FtaJtkel, E.sq, 


Ei$inger Brown, U\\'i~ & FtAnkel, .P.A. 


residenti~t Clrcle, Suire 26.5~S 

4000 Holl}"wood .Boulev-ard 


Holl}'\Vood, FloridR 3302l 


Telephone: 954-894-8000 


(b)(6) .........................J..__......
________,J 


SECTlOX Vl: OttJQr ~fatten. 

A. No Admission ofLiabilH)!. 

The undersigned P.a•ties each aclmowlc:dge and agree tha1 tht: matters set fbrth ln this 

Agreement constitute the seUlernent and compromise of disputed Claims and defenses, that this 

Agree!<ncrd is not an Hchni ~~ion or ~ence of liability or in.finnily by any of them regarding any 

cl~im or defense~ and that the Agreement shall not b~ off'er~d or received in evid~nce by or 

against a11Y Party hereto, ex.cept to enforce its terms. 

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B. ~~~ti99 in Cmm!ervaru. 


This Agreement may be executed in cmimerparts by one or n1ore of the Parties narncd 


hereln and il11 suth counterparts when sc cxccLllcd shall together constitute the final A,greernen.t~ 

3S if one document hnd been signed by ail Parties hereto; and each such counterpart, upon 

execution and delivery. shall be deemed u complete origiMI~ hlnd1ug the Party or Parties 

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

C, Bh1ding Etl~t. 

AU nf the undersigned persons represent and wammt that they are a Party hereto or are 

authorized to sign this Agreement on behalf of the respective Part}\ and that they have the ftdt 

power and authority to bind su\':h Parly to each and evmy provision. of this Agreement. This 

Agreem.ent shall be binding upon and inure to the benefit of the i.mdcr~igned Parties and their 

respe<::tive heirs, executors. ~dministralors, representatives, attorneys~ successors and assigns, 

D. Entire Agreement. 

This Agrcctn.en.t constitutes the entire agreement a11d understanding between and among 

the lll'i.dctsigncd Pai1ies concerning lhe matters set forth herein and supersedes any prior 

agreements or understandings. No represent~li<m$~ warranties or inducements have been made to 

or relied on by any Party concerning lhis Agreement and it$ exhibits other than those contained 

therein. 

E. Amendments. 

Thi5 Agr~emenl m.ay not be amended or moditjed, nor may any of its provisions be. 

waived, except in \\'1.itin.g by the Parly or Parties bound thereby1 or by their respective authorized 

attomey(s) or other represcntaeivc(s). 

F. Choice of Law. 

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This Agrcanent sha11 be ~e~ construed and enfon~ed ocoordiug to the iuterm\1 

laws oft11e State of Florida. 

0. AdviceofCounseL 


Each Partr here·oy acknowledges that he or H has. eonsulted with and ob1ained the advi~ 

Party by his or its counsel 

. ~. 

All seetio11 titles and captions contained in this Ag.ce~ment are for con.,•enience only and 

shall not affect the :interpretation oftrus Agrerunent. 

I. AuthorSbip/Cs.mstru¢tion, 

Tbls Agcccmoot sets fortli1Clrus and agreements jointly ntgo(iatc<l by the Parties~ U is 

expres.sJy agreed that. this ~em.cnt shalL not be construed for ot against any party by reason of 

which party drafted it. 

IN WITNBSS WHEREOF, the parties hereto have caused this Agr~en;.ent to be e>::~¢ut~d 

by each ofthem ot their duly authorlzed representath.tes oo the d~tes hereinan~r subscribed. 

FDIC as ReceirC<r for Aul'I'ru$1 Co~nJ~ for FDIC·R (approval JU 

~uk Clevehtndt 0 in . furml< 

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

·············································nr: 

1: ..,________-------=-'1~----· Name: fr • tf Name: .· \\~ 4. /""\. r. Ce.,..., 

Title; &v,?s€'./ · Dste: "'~/J.t ~~ 

Daf~: ~-L~__J.,.o/3 

lO 
(b)(6) (b)(6) 

N"w~;· 

Ome! ~~~ 

Co 11~'' tor. )l~ (li».p.~v.t 11:' ~ to·r113} 

u.,. 

N<C~• 

----....- : 

n 

{b)(6) 

(b)(6) 

........................................,,,,,,..................... 

i . . 0 MARII. ..· 1Z ·:·."' ..MY .. QJOHI£E(It(at1'4 

~;llPIRE$ Oi, mt$ 

~~W!.· ~~~ 

... ~(!>/;p~rP. tq pnd.64~r•bebf.~o~. · hfj;..w J--Oni#i!;l ;;r:.· ~z.. who 

i.e, ~lly nc~~ t~ rr.~e.. 

{b)(6) 

12