RELJt;ASE OF CLAIMS 

A. Releases ·•·. . . .. . ··••···· : · · · · . · · · . · · · • ·· · . . · · . · . . . · .. . . ·. . · .> l~ffcctive o~ly uponre.t,eipt i:n full of the consideration addresse~ herein which payment 

. /; sl.iall be made no later thai( September .jg_, 2011. bv first class U.S" mail delivered to P.O .. 

(b.)(6) i ~:: !?.~~271774Dallas,'TX75397.,1774fAHcntion: l llnvestiga tio ns,. Asset No .. ·· · 

(b:)(S) .:l . . !FEDERAL :pEPOSIT INSURA.-~C.E CORPORATION. .. 

• ...... ..•.• ;f"FDIC")~ as r~ceiyer for ANB FINANCIAL NA (''ANBfii1ahdal''_), a national bank, fQr 

. . . it.Self, and it$ su~¢s~ors and assigns for the payment ef Orie. Himdred Thousand Dollars. 

·. :: · · · i (SlOO,OOO~O()),atid.:o~her good and valuable consideration, the..sufticiency of which .. · · 

'being hereby: acknowledged, does hereby release, acqtlit) and fully and foreyer discharge 

. . . . .. '. f~IRS.T AMEJUCAN TITLE INSURANCE CONt'PANY ("First American"), a California 

· ..... chrpi).~~RQ~~ th~ su(;c~ss.or by merger t() PACIFICNOR:fHWESTTITI;EfNSURANGE 

.•. CON1.P~Y.f'~ac:;ific Northwest")~ a Washiri~on coriJoration~ and their respective < ••·•·· 

• •·• predeGess&rS.~: s~~cil,$~~io :interes,t) ~si1,rns~ representatives, officers; directors~ employees,• •·· .~gen.'fS, servairi~, an.,d:~ttqrn,eys (the ''R~leased Partie~''), 'b.f and ;from any. and all rights. claims, · 

:;·; ~arpag~s .. c.auses. ofactl()n~:P.~Jigation.S, .dernands, costs, losses; expenses, comrcnsatibp,• .· .. · •. 

' :. [:eimblitsem~n~ swts, debts~ proriJiseS; losses arid liabilities, <>ra#.y imd everyjdnd and naJtire • 

.. 

:. ···:·:· 

··. .· 1~~~~~-l 

(b:).(4)~:~ .. - _:.~fi .. -.t.. Commitmentnwnbed. l~d~ypolicyis~uedptrrs~t~lJ.~to(the • .... 

·.·: .•.•. : : ... .................. ···.•...•... ····.·····: • ... :.... ... ···'......... ·····.•.·.··:·· ... ····.·····.• : ... · .. • ... !... .... !: ••• :.•• :·•. ... ··F'~Q,licyJal')issude<i bdy F{~e~~Bf,ivb~Epsci·o.wfi .. · CNo,, lnh. c. C'E~ec.\l~V~ EA·•·s ·.Nc.rBo.wF. } to ~'ffil' : ·. · ... m~ct ·an · Ui:l .erwntt~h . y · ac• tc' ort .west.tns,ur¢g · 1 . · tnancla s 

•. ·• m4!f~ a$ lender;iljjJ;h¢ real estate desclibed in the Pplicy~ which real estate i.s •.. 

~~l(~),(~L : ·.·.. -~t:1tt~~ . I M~viUO, lndiarul (the ~ · .·• 

. ·~ ::. . . : : . . . . ·.: .::::·. 

· · •< • ....... ; . • . . . . .. . · 2. ,fns9reti. Cto$iilg (lrotectioll Letterctilted Jun{22,.2o07; issued byPactfi~ Northwest . . .•. . 

• ' ••••••• H. • • • • •• • {\ith respect:to. the Clo~ing of the purchase of the Real EState by I -............. _J_fb.1(4), (b) 

'::. 

· · and (6) 

•. 3. Any andaJJ claims tlultrela.te, in any way, tothe P~licy, the Insured Closing 

Letter~ or the handling, ncgbtiation, and resolutio.n of the claim submitted by . 

FDIC under the Policy. · · 

••.• ~- iExpr~s Reseryations From Releases by FDIC . 

: Notwithstt.mding any other provision, by this Agreement, the FDIC does not release; and 

. C,xpre.S~dy ptder-Ves fully arid to the same extent as if the Agfeement had not been executed,· 

:any Claims or causes of action: · · · 
4. Against any Released Party or any other person or entity for liability, if any, 

incurred as the maker, endorser or guarantor of any promissory note or 

indebtedness payable or owed by them to FDIC, .ANB Financial, other financial 

institutions, or any other person or entity, including without limitation any claims 

acquired by FDIC as successor in interest to ANB financial or any person or 

entity other than ANB Financial; 

5. Against any person or entity not expressly released in this Agreement, including, 

but not limited to Executive Escrow and its principal, I H·land. .(!;?.)(§) 

6. Which are not expressly released in Section A above. 

Not\vithstanding any other provision~ nothing in this Agreement shall be construed or 

interpreted as limiting, waiving, releasing or compromising the jurisdiction and authority of 

the FDIC in the exercise of its supervisory or regulatory authority or to diminish its ability to 

institute administrative enforcement proceedings seeking removal, prohibition or any other 

administrative enforcement action which may arise by operation of Jaw, rule or regulation. 

Nonvithstanding any other provision, this Agreement does not purport to waive, or intend to 

waive, any claims which could be brought by the United States through either the 

Department of Justice, the United States Attorney's Office for the Northern or Southern 

Districts of Indiana or any other federal judicia] district In addition~ the FDIC specifically 

reserves the right to seek court ordered restitution pursuant to the relevant provisions of the 

Victim and Wjtness Protection Act, 18 U.S.C. § 3663, et seq., if appropriate. 

C. Additional Provisions 

7. FDIC hereby confums and acknowledges that this is and shall be a complete, final, 

and absolute release, accord, and satisfaction of any and all rights, claims, and 

demands ofFDIC against the Released Parties~ and each of them with respect to 

the matters released herein. 

8 FDIC declares and represents that no promise. inducement, or agreement not herein 

expressed has been made to FDIC, and that this Relea.">c of Claims contains the 

entire agreement bet\veen and among the patties hereto and the 1erms of this Release 

of Claims are contractuaJ. This release is executed without any reliance upon any 

statement or representation by any of the Released Parties, concerning the nature 

or extent of any liability, damages, obligations, or otherwise. 

9. FDIC fully understands that this release shan be forever binding and that no 

rescission or modification of the terms of this Release of Claims may be made or 

claimed. 

10. FDIC, at all times relevant hereto, had the independent Jega.l advice of an attorney 

or attorneys of FDICs ov.n choosing and that FDIC has relied, and does now rely, 

!O!ll&3 i 1434775-l 
solely and exclusively, on the advice of such attorney or attorneys with 

respect to all issues concerning the legal effects and consequences of 

execution and delivery of this Release of Claims. 

11. FDIC is legally competent to execute this Rc1casc of Claims, fully understands its 

contents, accepts the legal effects and consequences thereof: accepts full 

responsibility therefore, bas full and sufficient knowledge of all facts and 

circumstances upon which this Release of Claims is based, and assumes the risk of 

any mistake of fact. 

12. FDIC warrants and covenants that the rightr;, claims, and obligations being hereby 

released have not previously been assigned, transfetTed~ encwnbered, hypothecate~ or 

otherwise modified and that no other person or entity has or claims any rights or 

interests in the matters, claims, and rights being hereby released and that the FDIC 

has the fuH, unencumbered right and ability to execute, deliver, and grant this 

Release of Claims without joinder, consent, or permission of any other person or 

entity, 

13. FDIC fully understands that, in conjunction ·with this Release of Claims, the Tille 

Policy and the Insured Closing Letter are cancelled and are of no further force or 

effect. 

14. This Release of Claims shall be governed by and construed in accordance with 

applicable federal law, or in its absence, the laws ofthe State oflndiana. 

IN. WITNESS WHER}:OF, FDIC has executed this Release of Claims as its free and • I . , . 

voluntary act this ;j J sr day of September, 2011. 

(b )(6) (' ..................................................................................................................................................................................... :., ...... . 

STATEOF FWLrt>ACOUNTY OF ])IJV.A-L 

FEDE L EPOSIT INSURANCE CORPORATION 

The foregoing instrument was acknowledged before me this kjt-:;r day of September, 

2011, by8.~~Federa1 Deposit Insurance Corporation,~ being first duly sworn 

stated that the representations therein are true.. L (~)(13) 

WITNESS my hand and official seal. t ; V =o Notarv Public .. 

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Ld~tt: ~fh2~;roN-es Printed Name 

100183 f 1434175-l