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No. 2007..08040 

The Federal Deposit Insw:ance Corporation as § 

Receiver for IncJyMac Federal Bank, FSB § 

Plaintiffs~ 

v. 

Ticor Title Insurance Company; AmerlPoint 

Title Houston; Raul Ramos; Boehck 

Mo.rtg• Company; M'lCbad A. Moten; 

Cbarles R. Davis: James B. Banks; 

B Interests, Inc.. d/b/a First Houston 

Appraisal; Denise G. Bradford; Telron C. 

Bradford; Kelli J.~. Zintgtaff alk/a Kelli· L. 

A.ildn; Ryan E. Zintgraff alka Ryan E. Aikini 

Steven Bowen; DiaDe C. Fitzpatrick d/b/a 

Fitzpatrick & Associates and DC Consultants 

Builders. Inc.; Ron Wilson alk/a Ronnie 

Wilson; ·'lma Wilson; Curley Johnson; and 

Mlcbael Levitin. 

.Defendants. 

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IN 1HE DfSTR.ICf COURT 

333RD JUDICIAL DISTRlCT 

HARRIS COUNTY, TEXAS 

SE1"'TLEMENT AGREEMENT AND RELEASE 

THIS SETTI.,EMENT AGREEMENT AND RELEASE ("Settlement Agreement") is 

errtered inro on. its date of execution by: 

FEDERAL DEPOSIT IN'SUR.ANCE CORPORATION AS RECEIVER 

FOR INDYMAC FEJ)ERAL BA!~ FSB 

A.MBRIPOINT TITLE HOUSTON, ILC AND RAUL RAMOS 

R.ECfi'ALS 

A. The Claimant and Defendants (Claimant and Defendm:rts are hereafter refeiTed to 

singularly as ''P8rty" or collectively as the "Parties') have agreed to a settle.tnel'lt of the claims and 

causes of action asserted, or that could have been asserted against Defeodants. in the above-entitled 

and number«~ cause ethe Litigation"). 
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B. This Settlement Agreement is in full settlement and discharge of all tilSt.ttr.i asserted 

in or related to the Litigatio~ and all unasserted but potential m.attms of controversy that could have 

been brought in the Litigation by Claimant against Defendants, or by Defendants against Claimant. 

C. Claimant and Defendanfs desire to enter into tbia Settlement Agreement in order: to 

provide for the agreed-upon peyment in full settlement and diooharge of all claims by Clmmant 

against Defendant~ and by Defendants against Claimant, which are. or might have been, the subject 

of the Litigation, upon the terms and conditions set forth herein. 

NOW THEREFORE, in consideration of the mutual prODlises set forth here~ and cnher 

good and Y1Uuable oonsideration, the .receipt and sufficiency of which are hereby aoknowledg~ tbe 

Parties, intending to be legally bound, hereby agree as follows: 

AGREEMENT 

L CLAIMANTS R.ELEASE AND DISCHARGE 

In consideration of the payment called fur herein, the Claimant for itself, its predecessors, 

successors, assigns, agents, J:epresetlfat:Nes, beneficiaries, employees, associates, affiliates. 

partners, partnershi1'5> limited partnerships, limited liability partnerships. corporations) 

profeo&ional corporations. companies, limited liability oompanies, firms, entities, insurers, and/or 

attorneys (hereinafter collectively referred to as 11ClailllRO.t'') hereby oompletely releases and furever 

discharges Defendants, their agents, officers. shareholders, d.irectots, representatives, insurers, 

empl~ and attorneys {J:tw:einafter collectively referred to as "Defen.dants'1

) from any and all 

past, present or future claims, demands. damages, expenses, obligations, actions, causes of ac~ 

rights, lie.ns, subrogation interests, and compensation of any na.tore whatsoever. whether based on 

~ COlltt'itct, ~te, or other theory of recovery, which the Cl.aimant now h~ or which may 

hereaftec accrne or otherwise be acquired, on account of: or in any way growing out of, nr wbicll are 
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the suf?ject of the Litigation and all related pleadings. By this Settlement Agreeme.n:t, Claimant 

does not release. and expressly preserves fully and to the same extent as if the Settkn1ent 

Agreemem had not been executed, any claims or causes of action that do not arise from or relate to 

the subject of the Litigation and al1 related pleadings. 

2. DEEJ3NDANTS' ru:n:BASE AND PlSCH'.ABQE 

In consideration of the release and Wsmissal of Claimant's claims heroin, Defendants for 

themselves, thclt predecessoxs, successors, assi~ agerrls, representatives~ beneficiaries. 

employees, associates, ~ partners, partnetships. lirnitro parb.i.ersbips, limited liability 

partnerships, corporatio~ profussional cmporati~ companies, limited liability comparues, firms. 

entities, in~ and/or attorneys hereby completely release and forever discharge IndyMao Baclc:, 

FSB. lndyMac Federal Bank, FSB1 Footral Deposit Insurance Col'pl)lation as Receiver fur IndyMac 

Federal ~ PSB and as Co~r for IndyMac Federal Bank, FSB~ and their agents, officers, 

sharehol~. directors, ~ insuters, employees, and attorneys from any and all past_ 

present or future claims,. including bnt not limited to claims fur attorney fees and sanctions, 

demands. damages, expenses, obli~tions, aations., causes of action, rights~ liens, subrogation 

interests, and compettsation of any nature whatsoever~ whether based on tort, contract; ~ or 

other theory of recovery, which the Defendants now ha-ve, or which may hereafter accrue or 

otherwise bo acquired. on account ot; or in any way growing out of, or 'Which are the subject of the 

Litigation and aU .related pleadings. 

3. .fA.YMBNT 

In consideration of the release set forth above, it is agreed that Defendants shall cause to be 

made a cash payment in the total amount ofFive Thousand and No/100 Dollars ($5.000.00) made 

payable 1D the FDIC as Receiver fur IndyMac Federal Bank, FSB. 
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4. ATIORNETS FEES 

Each Party hereto shall bear all attorney's fees arising from the actions of its own counsel in 

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to heJ:cin, and all related mattem. 

5. :JYARRANTY OF CAPACITY TO n;x:ECUTE AGREEMENT 

The Claimant represents and warrants that no other person or eotit.y has any interest in the 

claims, demands, obligations or causes of action refened to in this Settlement Agreement, except as 

otherwise set fu.rth herein; and that the Claimant has the sole 1igbt and exclusive authority tc 

execute this Settlement Agreement and receive the sums specified in it; and that the Claimant has 

not sold, 88Signed.. transferred, conveyed or o'therwise disposed of any of the claims, demands. 

obligations, or causes of action referred to in 'this Settlement Agreement 

6. EJ\'!TJ.RE AGREEMENT AND ~RS IN INTBREST 

This Settlement Agreement contains the entire agreement between the Parties with regard to 

the matters set forth herein and shall be binding upon and inure to the benefit of the executors, 

administrators, pi:rsonal Iepresentatives> he.irs1 ~ts and assigns of each. 

1. REPRESENTAJlON OF CO:MPREHE~IQN OF DQCUMENT 

In entering into fbis Settlement Agreement, the Parties represent that they have completely 

read the terms of this Settlement Agreement, fuat the teuns have been fully explained to the Patties 

by their respective attorneys, and that all terms of 1hls Agreement are fully understood and 

voluntarily ~ted by them. 

8. OQYERNINGLA W 

This Settlement Agreement shall be construed and interpJ:eted in aocordance -with the la\W 

of-the State ofTexas. 
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9. ADDIDON&OOCUMENTS 

9.1 All the Parties agree to ~ fully and execute any and all supplementary 

docwnents and to take all additional actions that may be neeessmy or appropriate to give full fimie 

and effect of the basic tenns and i:n:tent of this Settlement Agreement. 

9.2 None of the Parties released have made an.y representations concerning, nor shall 

they be responsfble in any .lllallller fur:. the income tax consequences to the Claimant by reason of 

the Cla.imant's execution of 1his Settlement .Agreement, or any payment made p~uant to this 

Settlement Agreement 

10. EFFECTIVENESS 

This Settlement Agreement shall become effective following execution by the Parties 

herein. 

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

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IN WITNESS WHDKOF, the Parties and~~ intcndinslo be 1epUy 

bound, have couscnted to and ~td tbi8 SeCtlement ~on tlw dates~ furta below. · 

THE FEDERAL DEPOSIT INSlJ:RANCE 

CORPORATION AS REcEivER FOR 

JN))YMAC .FEDERAL BANK, FSB 

""By.JL... ....... _ ...... _____ .J---...-

fts: C.c> tJ WS• ( 

Da~ Ct 4'. 4+'1 <it A,~ 2009 

Cow\~ . ~moF\/~.Y, · 

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

COUNTYOP~ 

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Before me, the undMigned authority, ou tbis day p~y appeared ~ $. &11 • 

known to me to ~ an authorW:d representative of the FDIC as Reclri'\lel' for IndyMac Federal 

.Ban'i:t FSB. whoci~ name i$ subscnOed to the foreeoing ~J th:tough a eum:nt 

identi&atfon card issued by tbe federa1 government or my state goVcrnrnent UJat contalm the 

photograph and signature ofdle ~person. and acknowl~ to rne that be/she mid 

and tmdetstood this Settlement .Agreeroc.nt and CMCUted the same for tbo pwposa> and 

consi~.aion berein QXpreased. ~ 

Given under rnyltlnd ami seal of Qffice tbis-'._ day of~. 2009. 
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IN WITNESS WHEREOF, the Parties and undetsigned hereto. intending to be legal]y 

bound. have oonsented to and executed this Settlement Agreement on the dates set forth below. 

AMRRIPOINT TITLE HOUSTON, LLC 

By:_.-_____ ··········· _···· _············ _.... _ .... _ .... ........ _ ........ _ ...... _ .. ........ _ ..ll_ ............ _ ........ _ ........ _ .._ ...................... w 

--~ ~~~~2m~~r~,_c~------------ ,~.-

. Date: _ ___ ___ __ Jl.dy '' • 2009 

ST A.TE OF TEXAS § 

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COUN'IY OF H c...t t \ .s § 

Before me. the 'Undersigned authority, on this day personally appeared W • Q} 1-4 ..... ~ .t...( 

known to me to be an authorized representative of AmeriPoint Title Housto~l, LLC. whose name 

is subscribed to the furegoing instrument through a cu.r:rent identification card issued by the 

federal govemment (l( any state government that contains the photograph. and signature of the 

acknowledging person, and acknowledged to me that he/she read and Ulld.erstood this Settlement 

Agreement and executed ihe same fur the purpose$ and consideration. herein expressed. 

Given under my hand and seal of office tbis 3 f ~+ da of J ~ 2009. 

(b)( 6_) __ ___ ... ·-·- ............... _ ........ -............ .. ...................................... .. 

re~~~~~:;::~-==~1 !ti>WtYPil&uc;.~T UXMO 

........... =..~ 

L.-:~~2011 

My <:o:mmission expires: 

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TATE OF TEXAS 

Printed Name ofNotary Public 

(b..).(6) 

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STATEOF1'EXAS 

OJUNIYOF~O~v""4C.') 

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Raul Ramos < 

Before m~ the undersigned authority~ on this day personally appeared Raul Ramos, known 

to me 1o be the person whose U&1lC is subscribed to the foregoing illstrQment through a curreot 

:identi&ation canJ issued by the federal gov«nment or any state government that OODtains 1he 

photo~ and siguatme of the acknowledging petSOn, and acknowledged to me that he read and 

tm.demood 'this Sdtlcment Agreement and ex:ecuted the same for the purposes and coll8idemtion 

herein~. 

SUBSCRIBED AND SWORN TO before moon 1his ~day of ~ 'y., 2(1()9. 

.......................................... ....... ' "'"'""""' ''''''' (b.J(6) 

NOTARY PUBLfC STATE OF TEXAS 

Printed Name ofNow.y Public