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~I B/23 ]JD l D1.f /f1Jc..;/j-4se- fK'-\.J 

AGREEMENT OF SETTLEMENT AND MUTUAL RELEASE 

THlS AGREEMENT OF SETTLEMENT AND MUTUAL RELEASE (agreement) is 

D made and entered into by and between FEDERAL DEPOSIT INSURANCE CORPORATION, 

as Receiver for lndyMac Bank, FSB (lndyMac) (collectively, Plaintiff), FLORIDA ELITE 

TITLE AND ESCROW LLC (Florida Elite), and STEWART TITLE GUARANTY 

COMPANY, (Stewart Title) (collectively, the Defendants). Plaintiff, Florida Elite, and Stewart 

Title may be referred to herein individually as "Party" and collectively as the "Parties." 

RECITALS 

... This agreement is made with reference to the following facts: 

A. On or about July 17, 2009, Plaintiff filed a complaint for money damages against 

the Defendants, alleging causes of action against Florida Elite for fraudulent inducement, 

negligent misrepresentation, breach of fiduciary duty, and breach of contract, and against Stewart 

Title for breach of contract (the Complaint), in connection with a mortgage loan funded by 

IndyMac in the principal amount of $731,000 made to a borrower named Michel-Ange ChevryRenaud (the Loan) and which was secured by a residential condominium located at Unit 4001 in 

The Club at BrickeJI Bay at 1200 Brickell Bay Drive, Miami, FL 33131 (the Property). The 

pending action which the Complaint initiated is entitled Federal Deposit Insurance Corporation 

as Receiver for lndyMac Bank. FSB v. Florida Elite Title & Escrow LLC, et a/., is currently 

pending in the United States District Court for the Southern District of Florida, Miami Division 

(the Court), Case No. 9-22096-CIV-GOLD/McALILEY (the Action). 

B. On or about August 20, 2009, Stewart Title answered the Complaint, generally 

denying its allegations and asserting affirmative defenses. Florida Elite answered and asserted 

affirmative defenses to Plaintiffs complaint on or about September 10, 2009. 
C. Defendants have defended and denied, and continue to deny, the validity of 

Plaintiffs claims asserted in the Complaint. 

D. The Parties deem it in their best interests to enter into this agreement to avoid the 

uncertainty, trouble, and expense of further litigation. By this agreement, the Parties intend to 

memorialize the tenns of their compromise and settlement ofthe Action. 

AGREEMENT AND MUTUAL RELEASE 

NOW, THEREFORE, in consideration of the undertakings contained in this agreement, 

and other good, valuable and sufficient consideration, the sufficiency of which is hereby 

acknowledged, the Parties agree as follows: ... 

I. Preamble, Recitals and Exhibits. The foregoing preamble and recitals are true and 

correct and, along with the attached exhibit, are integral parts of this agreement. 

2. Settlement Payment to Plaintiff. The Defendants shall pay Plaintiff a total sum of 

$250,000. No later than ten business (I 0) days following full execution of this agreement, 

Defendants shall deliver to Plaintiffs counsel of record in the Action a cashier's or certified 

check made payable to Akennan Senterfitt & Eidson, PA in the amount ofTwo Hundred Fifty 

Thousand Hundred Dollars and No Cents ($250,000.00) (the Settlement Paym~nt). The 

Defendants shall cause this check to be delivered as follows: 

Akerman Senterfitt & Eidson, PA 


Attn: William P. Heller, Esq. 


350 E. Las Olas Boulevard, Suite 1600 


Fort Lauderdale, Florida 33301 


Alternatively, the Settlement Payment may be made by wire transfer to the following account: 

(b)(4) 

Wachovia Bank, N.A., 214 N. Hogan Street, Jacksonville, Florida 32202, ABA#._I_____, 

(WI'67719J:51 

2 

(b)(4) 

Account ~L-----------'~he Parties agree that timely receipt of the Settlement Payment is 

an essential term of this agreement, and a condition to the effectiveness ofthis agreement. 

(a) 	 Default on Payments. Should Defendants fail to make their payment when due, 

Plaintiff shall send written notice of non-payment via U.S. -mail to the Defendants' 

counsel, Marty J. Solomon, Esq., Carlton Fields, P.A., P.O. Box 3239, Tampa, 

Florida 33601, for Stewart Title, and Omar Ortega, Esq., Dorta & Ortega, P.A., 

Douglas Entrance, 800 S. Douglas Road, Suite 149, Coral Gables, Florida 33134, 

for Florida Elite. 

3 . 	 Dismissal of the Action. Together with the execution of this agreement, counsel ... 

for Plaintiff shall execute a Stipulation of Dismissal of the Action with prejudice in the form 

attached hereto as EXHIBIT A. tjpon the receipt and clearing of the Settlement Payment, so that 

good and clear funds in the amount agreed to herein are actually received by Plaintiff, counsel 

for Plaintiff shall file the executed Stipulation of Dismissal with the Court. 

4. Court to Retain Jurisdiction. The Parties agree that the Court shall have 

continuing jurisdiction to enforce the provisions of this agreement to the fullest extent permitted 

bylaw. 

5. Release by Plaintiff. Subject to full performance of the obligations and 

representations and warranties set forth in this agreement, and effective upon the receipt and 

clearing of the Settlement Payment, so that good and clear funds in the amount agreed to herein 

are actually received by Plaintiff, and except as provided in paragraph 7, below, Plaintiff, for 

itself and for each and every one of its current and former officers, directors, joint venturers, 

partners, employees, agents, servants, administrators, executors, predecessors, successors, 

subsidiaries, parents, affiliates, attorneys, insurers, representatives and assigns, conservators 

{WP677193;51 

3 
... 


and/or receivers, and all persons or entities acting by, through, under, for, on behalf of, or in 

concert with them, past or present, fully and forever releases, acquits and discharges the 

Defendants and their respective current and former officers, directors, joint venturers, partners, 

employees, agents, servants, administrators, executors, predecessors, successors, subsidiaries, 

parents, affiliates, attorneys, insurers, representatives and assigns, conservators and/or receivers, 

and all persons or entities acting by, through, under, for, on behalf of, or in concert with them 

(the Defendant Releasees), past or present, jointly and severally, from and against any and all 

rights, claims, debts, demands, acts, agreements, liabilities, obligations, damages, costs, fees 

(including, without limitation, those of attorneys), expenses, actions and/or causes of action of 

every nature, character and description, or causes of liability, rights and offset rights, whether at 

law or in equity, whether known or unknown, suspected or unsuspected, asserted or unasserted, 

including without limitation injunctive or equitable relief, any award of actual, consequential, 

incidental, liquidated, or other types or categories of damages, any award of punitive or 

exemplary damages, any claims for attorneys' fees, costs or expenses of litigation and any other 

type of relief which Plaintiff has, may have or might have against Defendants, the Defendant 

Releasees or any of them, pertaining to the Loans, the Property, the Complaint, and any and all 

facts, occurrences and transactions alleged in the Action, provided, however, that this release is 

not a general release but is expressly and specifically limited to the Loan, the Property, the 

Complaint, and any and all facts, occurrences and transactions alleged in the Action, and is not· 

intended nor shall it be deemed to release any other claims, demands, causes of actions, debts, 

obligations, losses damages, liabilities, costs, expenses, attorneys' fees, penalties, compensation, 

right to indemnity and/or demands as to any other loans or matters that Plaintiff may have or 

might have against the Defendants or the Defendant Releasees, or ~ny of them, including without 

{WP677193;5 I 

4 
.... 


limitation any other claims, demands or actions regarding any other matters. 

6. Release by the Defendants. Subject to full performance of the obligations and 

representations and warranties set forth in this agreement, and effective simultaneously with the 

release granted in paragraph 5, above, the Defendants, on behalf of themselves individually and 

for each and every one of its respective current and former officers, directors, joint venturers, 

partners, employees, agents, servants, administrators, executors, predecessors, successors, 

subsidiaries, parents, affiliates, attorneys, insurers, representatives and assigns, conservators 

and/or receivers, and all persons or entities acting by, through, under, for, on behalf of, or in 

concert with them, past or present, fully and forever release, acquit and discharge Plaintiff and its 

current and former officers, directors, joint venturers, partners, employees, agents, servants, 

administrators, executors, predecessors, successors, subsidiaries, parents, affiliates, attorneys, 

insurers, representatives and assigns, conservators and/or receivers, and all persons or entities 

acting by, through, under, for, on behalf of, or in concert with them, past or present, jointly and 

severally, from and against any and all rights, claims, debts, demands, acts, agreements, 

liabilities, obligations, damages, costs, fees (including, without limitation, those of attorneys), 

expenses, actions and/or causes of action of every nature, character and description, or causes of 

liability, rights and offset rights, whether at law or in equity, whether known or unknown, 

suspected or unsuspected, asserted or unasserted, including without limitation injunctive or 

equitable relief, any award of actual, consequential, incidental, liquidated, or other types or 

categories of damages, any award of punitive or exemplary damages, any claims for attorneys' 

fees, costs or expenses of litigation and any other type of relief which the Defendants or any of 

them have, may have or might have against Plaintiff pertaining to the Loan, the Property, the 

Complaint, and any and all facts, occurrences and transactions alleged in the Action, provided, 

{WP677193;5} 

5 
however, that this release is not a general release but is expressly and specificaJJy limited to the 

. 	 . 

Loan, the Property, the Complaint, and any and aJJ facts, occurrences and transactions alJeged in 

the Action, and is not intended nor shall it be deemed to release any other claims, demands, 

causes of actions, debts, obligations, losses damages, liabilities, costs, expenses, attorneys' fees, 

penalties, compensation, right to indemnity and/or demands as to any other loans or matters that 

the Defendants, or any of them, may have or might have against Plaintiff, including without 

limitation any other claims, demands or actions regarding any other matter. 

7. Express Reservations from Releases by Plaintiff Notwithstanding any other 

... 	 provision contained herein, by this agreement, Plaintiff does not release, and expressly preserves 

fully and to the same extent as if the agreement had not been executed (a) any claims or causes 

of action that do not arise from or relate to (i) the Loan, (ii) the Property, or (iii) any and all facts, 

occurrences and transactions alleged in the Action, and (b) claims arising from the closing ofthe 

Loan against any other transaction participant concerning the Loan, including but not limited to 

Michel-Ange Chevry-Renaud, David Coviello, Ronald Landires, Carmen Camacho, Juan 

Gonzalo Ramirez, Vesta Home Loans, Mega Financials and lnv·estment LLC, Vistas 

International Realty, LLC, Ginzo & Associates, Inc., or Pierre Petion. Additionally, this 

agreement does not waive or release any claim Plaintiff may have relating to or arising from any 

Joan other than the Loan at issue in the Action. In addition, this agreement does not purport to 

waive, nor is it intended 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 State of 

California, Central District, or any other federal judicial district, including any rights, if 

appropriate, to court ordered restitution pursuant to the relevant provisions of the Victim and 

Witness Protection Act, 18 U.S.C. § 3663, et seq. 

{WP()77193;SJ 

6 
... 


8. · No Admission of Liability. Plaintiff acknowledges that this agreement does not 

constitute an admission by the Defendants as to the merits of any claim that the FDIC or its 

predecessors in interest, including IndyMac, has asserted, or could have asserted, in the Action 

and that the Defendants have denied and continue to deny that the Defendants have any liability 

to Plaintiff as alleged in the Action. Likewise, the Defendants acknowledge that this agreement 

does not constitute an admission by Plaintiff that any asserted claim is or was in any way lacking 

in merit, and the Defendants also acknowledge that this agreement does not constitute an 

admission by Plaintiff as to the merits of any claim that the Defendants have asserted, or could 

have asserted, in the Action. Nevertheless, Plaintiff and the Defendants have concluded that 

continued litigation would be expensive and protracted and that it is desirable that the Action be 

settled fully and finally as between Plaintiff and the Defendants in the manner and upon the 

terms and conditions set forth in this agreement. 

9. · Waiver under Section 1542 of California Civil Code. Subject to the limitations 

contained therein and in paragraph 7, above, the releases as set forth in paragraphs 5 and 6 are 

intended by the Parties to be read and interpreted as broadly as possible to affect the releases set 

forth therein regardless of whether the claims are presently known or unknown to the Parties. 

This agreement is made by the Plaintiffand Defendants freely and with independent legal advice 

and counsel, and Plaintiff and the Defendants are fully aware of the provisions of Section 1542 

of the Civil Code of the State of California, which reads as follows: 

"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH 

THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS 

OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, 

WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY 

AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." 

(WP677193;S) 

7 
However, this is a limited release and not a general release and is only intended to release those 

claims specifically identified in paragraphs 5 and 6 of the agreement and is specifically limited 

by the limitations contained in those paragraphs and in paragraph 7 of this agreement. 

Nevertheless, to the extent Civil Code section 1542 (as well as any other or successor law of 

similar effect) applies to the agreement, Plaintiff and the Defendants waive any rights, benefits 

and protections they may have under section Civil Code 1542 to the extent necessary to 

effectuate the Releases set forth herein in paragraphs 5 through 7, inclusive, herein. 

l0. Representations and Warranties. The Parties represent and warrant to and agree 

with each other as follows; ... 

a. 	 The Plaintiff and the Defendants have received independent legal advice from 

attorneys of their choice with respect to the advisability of entering into this 

agreement and of giving the releases provided herein. 

b. 	 In connection with the execution of this agreement and the making of the 

settlement provided for herein, no Party to this agreement has relied upon any 

statement, representation or promise of any other Party not expressly contained 

herein. 

c. 	 This agreement is fully integrated and contains the entire agreement of the Parties 

hereto. With the exception of a separate, written, confidential agreement between 

. Stewart Title and Florida Elite concerning the allocation of amounts owed toward 

the Settlement Payment, there are no agreements or understandings between the 

Parties hereto relating to the matters and releases referred to in this agreement 

other than as set forth in this agreement, and this agreement supersedes and 

replaces any and all prior negotiations and agreements between the Parties hereto, 

jWP67719J;5J 

8 
... 


whether written or oral. 

d. 	 Plaintiff and Defendants have made such investigation of the facts pertaining to 

the releases contained herein as they deem necessary. 

e. 	 The terms of this agreement are contractual and are the result of negotiation 

among the parties. Each Party has cooperated in the drafting and preparation of 

this agreement. Hence, in any construction to be made of this agreement, the role 

of the Party in drafting and preparation of the agreement shall not be referred to in 

order to construe the agreement against that Party, and the canon of contractual 

interpretation shall not be applied . 

f. 	 This agreement has been carefully read by each of the Parties and the contents 

thereof are known and understood by each of the Parties. This agreement is 

signed freely by each party executing it. 

g. 	 The Parties have not assigned or transferred any of their claims being released 

herein. 

I I. Consideration. The consideration received in connection with this agreement is 

fair, adequate and substantial and consists only of the terms set forth in this agreement. 

12. Modifications. This agreement may not be amended, canceled, revoked or 

otherwise modified except by written agreement subscribed by all of the Parties to be charged 

with such modification. 

13. Agreement Binding on Successors and Assigns. This agreement shall be binding 

upon, and shall inure to the benefit of, the Parties hereto and their respective officers, directors, 

joint venturers, partners, employees, agents, servants, heirs, administrators, executors, 

successors, representatives and assigns. 

(WP677193;SI 

9 
... 


14. Applicable Law. This agreement has been negotiated and exchanged in the State 

of Florida. As such, this agreement and all matters relating thereto shall be governed by the laws 

of the State of Florida without regard to its principles of conflicts of law. In addition, in the 

event of any disputes arising between the Parties out of this agreement, the parties agre~ that the 

exclusive venue in which all disputes shall be resolved shall be by way of an action filed in the 

United States District Court for the Southern District of Florida (but only if such court has 

subject matter jurisdiction over the disputes). 

15. Execution and Delivery Required - Effective Date. This instrument shall not be 

considered to be the agreement (defined above) or an enforceable contract, nor shall it create any 

obligation whatsoever on the part of any or all of the Parties, nor shall it or any of its terms 

constitute an undertaking by any of the Parties unless and until the date on which counterparts of 

it have been signed by and exchanged amongst all Parties (via facsimile, e-mail or otherwise) 

(the Effective Date). Until the Effective Date, any Party who may already have signed and 

exchanged one or more counterparts of this agreement with other Parties shall have the right to 

revoke such signature. On the Effective Date, this instrument shall become the agreement and 

shall become a binding and enforceable contract. Transmittal of a counterpart signature page 

signed by a Party (or by his or its attorney-in-fact pursuant to a duly executed power of attorney 

authorizing the same) via facsimile or e-mail shall be one way in which this agreement may be 

transmitted and formed, but in that event, the Party so transmitting it shall also forward the 

original, signed counterpart to the other via overnight delivery. All counterparts shall be 

construed together as the agreement. 

16. Construction. Each of the masculine, feminine and neuter genders shall include 

the others. The singular shall include the plural and vice-versa. This agreement is the product of 

{WP677193;51 

10 
... 


negotiation between parties and as such, shall not be construed as though all or any part of it was 

drafted by any particular Party. 

17. Severability. In the event any provision of this agreement shall be held to be 

void, voidable or unenforceable, the remaining provisions shall remain in full force and effect. 

18. Warranty of Authority. Each Party or attorney whose signature is affixed hereto 

in a representative capacity represents and warrants that he or she is authorized to execute this 

agreement on behalf of and to bind the entity on whose behalf his or her signature is affixed and 

that he or she is acting in the scope of such agency and authority. Each Party specifically 

represents and warrants that no signatures other than those made on this agreement are necessary 

to bind the Parties to all of the obligations imposed by the agreement. 

19. Attorneys' Fees and Costs. Plaintiff and the Defendants each agree to pay their 

own costs, attorneys' fees and expenses incurred in connection with the Action. In the event that 

any action, suit or other proceeding is instituted to remedy, prevent or obtain relief from a breach 

of this agreement, arising out of a breach ofthis agreement, involving claims within the scope of 

the release contained in this agreement or pertaining to a declaration of rights under this 

agreement, the prevailing Party shall recover its reasonable attorneys' fees incurred in each and 

every such action, suit or other proceeding, including any and all appeals or petitions therefrom. 

20. Counterparts. This agreement may be executed in one or more counterparts, each 

of which when executed and delivered shall be an original, and all of which when executed shall 

constitute one and the same instrument. Signatures on this agreement, or any counterpart of this 

agreement, transmitted by facsimile machine or electronic mail in pdf format shall have the same 

force and effect as original signatures. 

IWP677J!JJ;SI 

11 

21. Captions and Headings. The captions, paragraph numbers and paragraph 

headings appearing in this agreement are inserted only as a matter of convenience and in no way 

define, limit, construe or describe the scope or intent of this agreement, nor in any way affect this 

agreement. 

22. Notices. Any notice required under this agreement shall be in writing and shall be 

sent via both e-mail and either by (i) hand delivery or certified or registered mail, postage 

prepaid, with return receipt requested, or (ii) fax, with a conformed copy by US Mail, postage 

prepaid, and with such writing to be addressed to the Parties as foflows: 

... 


IW1'6771~3:5l 

12 
Person To Receive Notice 

To Florida Elite 

With a copy to 

To Stewart Title 

... 

With a copy to 

To Plaintiff 

With a copy to 

Notification Information 

Florida Elite Title & Escrow LLC 

8053 NW 155th Street 

Miami Lakes, FL 33016 

Dorta & Ortega, P.A. 

Douglas Entrance 

800 S. Douglas Road, Suite 149 

Coral Gables Florida 33-134 

i:!·~~j - Emailj u -

· I 

Alan C. Parrish 

Regional Claims Counsel 

Stewart Title Guaranty Company 

3402 West Cypress Street 

Tampa, FL 33607 

Tel. Nof.. _---1-- FaxN~.:- _ 

Emait:r'--------~----__'+ _ Marty J. Solomon 

Carlton Fields, P.A. 

4221 West Boy Scout Blvd. 

Suite 1000 

Tampa, Florida 33607 

~~;f ·.IHI 


Paul A. Levin 

Mortgage Recovery Law Group 

700 N. Brand. Blvd, Suite 830 

Glendale, CA 92103 

~:!-~~~ - -- I 

Email:._l________--_ __.1 

William Heller 

Akerman Senterfitt 

Las Olas Centre II 

350 East Las Olas Boulevard Suite 1600 

Ft. Lauderdale. FL 33301-2229 

~:; ~:/ I 

Email:_ - -1 

The above addresses may be changed by any Party as to such Party by providing the other 


Parties notice of any address change in the same manner as is provided above, and which change 


(WP677!93;5J 

13 

(b)(4),(b)(6) 

(b)(4),(b)(6) 

(b)(4),(b)(6) 

(b)(4),(b)(6) 

(b)(4),(b)(6) 

(b)(4),(b)(6) 

(b)(4),(b)(6) 

(b)(4),(b)(6) 

(b)(4),(b)(6) 

(b)(4),(b)(6) 
... 


shall be effective as to any Party upon receipt of written notice from the other Party. In the event 

that written notice, demand, or request is made as provided in this paragraph 22, that writing 

shall be deemed to have been received by the Party to whom it was addressed on the earliest of 

(i) the date that the notice was hand delivered, (ii) the date the notice was sent via facsimile (so 

long as a facsimile transmittal confirmation sheet is contemporaneously generated by the 

facsimile machine from which the transmission occurred), or (iii) three days after properly 

addressed notice was deposited with the U.S. Postal Service, applicable postage prepaid. 

23. Remedies. All Parties shall be entitled to all remedies available at law or in 

equity for any violation of this agreement, including, but not limited to the remedy of specific 

performance. 

24. Further Assurances. The Parties shall execute such other documents as may be 

reasonably necessary to carry out the terms and conditions of this agreement. 

25. Survival. All warranties, representations, covenants, and agreements set forth 

herein shall survive the Effective Date. 

26. Compliance Dates. In the event that any date specified in this agreement shall be 

on a Saturday, Sunday, or a nationally-declared holiday, then the date so specified shall be 

deemed to be the next business day following such date, and compliance by such business day 

hereunder shall not be deemed a default by either of the Parties under this agreement. 

27. Waiver. The waiver by one Party of the performance of any covenant or 

condition herein shall not invalidate this agreement, nor shall it be considered to be a waiver by 

such Party of any other covenant or condition or of any later instance of the previously waived 

covenant or condition. The waiver by any Parties of the time for performing any act shall not 

!WP677193;51 

14 
... 


constitute a waiver at the time for performing any other act or an identical act required to be 

performed at a later time. 

28. Jury Trial Waiver. The Parties hereby waive any and all rights that they may 

otherwise have to a trial by jury in any action, proceeding, claim, counterclaim or third party 

complaint, whether in contract or tort, at law or in equity, arising out of or in any way related to 

this agreement. 

29. Entire Agreement. With the exception of a separate, written, confidential 

agreement between Stewart Title and Florida Elite concerning the allocation of amounts owed 

toward the Settlement Payment, this agreement contains the complete agreement of the Parties 

concerning the subjects ofthis agreement and supersedes all prior drafts of this agreement and all 

other prior agreements, promises, acknowledgements, representations and warranties, if any, that 

may have been made between or among the Parties concerning that subject of this agreement, 

whether in connection with the negotiation of this agreement or otherwise. This agreement has 

been the product of negotiation. The Parties have had the opportunity to obtain independent 

advice from counsel. Prior draft documents were prepared, exchanged and discussed by some or 

all of the Parties before finally reaching and entering into this agreement. In any number of 

instances, words used in prior drafts may have been changed or removed from the language 

ultimately agreed to in this agreement. In the event of a dispute over the meaning of any of the 

provisions or requirements of this agreement, the fact that other words may have been used or 

deleted from earlier draft documents or provisions in such draft documents that were modified 

before being included herein, shall riot be used to aid in the construction of the meaning and legal 

effect of this agreement. This agreement may not be modified or changed except by a written 

instrument executed by all of the Parties and no rights under it may be waived except by a 

(WI'677193;5} 

15 

writing signed by the waiving Party. No p~omises, representations, warranties, agreements or 

other understandings exist between the parties with respect to the subject matter of this 

agreement, and this agreement supersedes and discharges any and all prior promises, 

acknowledgements, representations, warranties, agreements or other understandings that existed 

or may have existed between the Parties. 

[SIGNATURES CONTAINED ON NEXT PAGE] 

~· 

IW1'677193;51 

16 
IN WITNESS WHEREOF, the Parties hereto have executed this agreement on the dates 

set forth below. 

Dated:& o\ .26 , 20 l 0 

(b)(6) 

.... Dated: _____, 2010 

Dated: ______, 2010 

APPROVED AS TO FORM: 

FEDERAL DEPOSIT INSURANCE 

CORPORATION, AS RECEIVER FOR INDYMAC 

BANK, F.S.B. 

BJ~··----~~--~~~~~ 1?\c...\..... J. s,a:L u 

Its: C c1 l.i w ·; .Q.. \ 

STEWART TITLE GUARANTY COMPANY 

By: _______________ 

Its: ------------­

FLORIDA ELITE TITLE & ESCROW LLC 

By: ------------­

Its: ------------­

IJA550560;11 

17 
IN WITNESS WHEREOF, the Parties hereto have executed this agreement on the dates 

set forth below. 

Dated: _____, 2010 

Dated: ______, 2010 ... (b)(6) 

Dated: _____,2010 

APPROVED AS TO FORM: 

FEDERAL DEPOSIT INSURANCE 

CORPORATION, AS RECEIVER FOR INDYMAC 

BANK, F.S.B. 

By: _____________________ 

Its:--------------------­

STEWART TITLE GUARANTY COMPANY 

FLORIDA ELITE TITLE & ESCROW LLC 

By:--------------------­

Its:-------------------­

(WP677193;5J 

17 
IN WITNESS WHEREOF, the Parties hereto have executed this agreement on the dates 

set forth below. 

Dated: _____. 2010 

... Dated: ____, 2010 

FEDERAL DEPOSIT INSURANCE 

CORPORATION, AS RECEIVER FOR INDYMAC 

BANK, F.S.B. 

By: __________ 

Its: -----------­

STEWART TITLE GUARANTY COMPANY 

By: -----------------­ Its: -----------­

(b)(6) Dated: ______,2010 LC

APPROVED AS TO FORM: 


(JASSOS60; I} 

17