APPROVED AS TO FORM AND CONTENT:

DATED: Gol 19. 2010

PREIFER & DELLA MORA Tip

DATED:

DATED:

DATED:

DATED:

2010

2010

2010

RM

|
Michael K. Plevier, Esq.

Ajtorneys for Cross-Complainanis and Cross-
Defendants COUNTRYWIDE HOME LOANS,
INC, and COUNTRYWIDE DOCUMENT
CUSTODY SERVICES, A DIVISION OF
TREASURY BANK, NLA,

REED SMITH LLP

By:

Terence N. Hawley, Esq.
Attorneys for FEDERAL DEPOSIT INSURANCE
CORPORATION AS RECEIVER FOR
INDYMAC BANK, ?.8.B.

GORDON & REES LLP

By:

Kimberly D. Howatt, Esq.
Adtormeys for Ceoss-Defendant ACCESS
LENDING CORPORATION (now known as
XWAREHOUSE LENDING CORPORATION)

LAW OFFICES OF KEVIN 5. EIKENBERRY

By:

Kevin 8. Elkenherry, Esq.
Attorneys for Cross-Complainant and Cross~
Defendant JWEINVESTMENT CORPORATION

NEVEN, RAMOS & STEELE

By:

Alan E. Ramos, Exq.
Altorneys for Cross-Defendant MARTIN
ESPARZA

Page 10 of 10

(b)(6)


the others, arising out of or based upon the Action, or the subject
matter thereof, including the filing and prosecution of same and all
cross-complaints filed or required by law to be filed therein.

4 Waiver af Civil Code Section 1542 Protections.

in making and excenting this Agreement, each of the Parties understands and expresaly
represents and warrants fo each of the others that he or it does not rely, and has not relied, upon
any representation or statement, oral or written, that is not contained herein, whether made by
any of the Parties hereto, or any agent, attorney, or representative of any of the Partles, with
respeci to the matters contained herein or the advisability of entering into or executing this
Agreement. Bach of the Parties expressly assumes the risk of any mistake of fact or law, and the
risk that the facts may turn out to be other than, or different from, those now known or belleved
to exist. Each of the Parties understands and expressly agrees that the Released Claims may
extend to matters which have uot yet been discovered, and that the possibificy that such matters
may oxist has been explicitly taken into account in determining the consideration te be given for
this Agreement. In this regard, cach of the Parties also acknowledges that the releases contained
herein are intended to be “general releases” of the Released Claims, as the term "general release’
is used in Civil Code section 1542, that sald Parties, and each of them, are aware of the rights
provided by Civil Cods section 1542, and that each of the Parties signing thls Agreement thereby
expressly waives all of the rights granted to creditors by Civil Code section 1842, which section
provides:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
fO 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.”

3. Warranty of Non-Assignment.
The Parties hereto, and cach of them, represent and warrant that there has been no

assigninent or transfer of any interest in any of the Released Claims which any of the Parties may
have against the other.

6. Agreement Not to be Construed as Admission.
This Agreement is entered into by the Parties solely for the purposes set forth In the

Recitals. It doos not constitute, nar shall it be construed as, an admission by ony of the Parties
hereto of the truth ue validity off or lability for, any of the Released Claims.

S of 16


APPROVED AS TO FORM AND CONTENT:

DATED:

DATED:

DBATED:

DATED:

DATED:

» 2018

» 2010

» aoHO

ise, ZO wie

PFEIFER & DE LA MORA, LLP

By:

Michael RB. Pfeifer, Esq.
Attorneys for Cross-Complainants and Cross-
Defendants COUNTRYWIDE HOME LOANS,
INC, and COUNTRYWIDE DOCUMENT
CUSTODY SERVICES, A DIVISION OF
TREASURY BANK, NLA.

REED SMITH LLP

By:

Terence N. Hawley, Esq.
Altomeys for FEDERAL DEPO SURANCE
CORPORATION AS RECEIVER FOR
INDYMAC BANK, P.8.B.

GORDON & REES LLP

By:

yt

Kimberly D. Howatt, Esq.
Atorneys for Crass-Defendant ACCESS
LENDING CORPORATION (now known as
XWAREHOUSE LENDING CORPORATION)

LAW OFFICES OF KEVIN S$. EIKENBERRY

By:

Kevin 8 Eikenberry, Esq.
Attorneys for Cross-Complainant and Cross-
Defendant WI INVESTMENT CORPORATION

NEVEN RAMOS © STPETE

By

Aian E. Ramos, Esa.
Attorneys for Crass-Defendant MARTIN E
ESPARZA

Page 10 of 10


IN WITNESS WHEREOF, this Agreement has been executed by the undersigned as of
the day and year set forth below:

DATED: 2010

DATED: __ , 2010
(b)(6)
(b)(6)
DATED: 2018
DATED: . 2010
DATED: , 2010

ARZA

9 of 10


a3. ti reoment,

This Agreement constitutes the entire agreement between the Parties hereto pertaining to
the subject matter hereof and, upon execution by all Parties, supersedes all prior or
contemporancous agreements, understandings, negotiations and discussions, whether oral or
written, of the Parties in connection with the subject mutter hereof, except as specifically set
forth herein. No supplements, modifications, waivers or terminations of this Agreement shall be
binding unless executed in writing by the Parties to be bound thereby. No waiver of any
provisions of this Agreement shall constitute or be deemed io constitute a walver of any other
provision hereof Gvhether or not similar), nor shall such walver constitute ¢ continuing waiver,
unless otherwise expressly provided.

14. Execution of Additional Documents.

The Parties, and each of them, agree to execute and deliver such other and additional
documents or instruments, and to take such further actions as may reasonably be necessary, to
carry out fully ihe intent and purposes of this Agreement.

18. _ Headings.

The headings contained in this Agreement have been inserted for convenience only and
in no way should define or limit the scope or interpretation of this Agreement.

16. Governing Law.

‘This Agreement has been entered Into and executed in the Staie of California and shall be
interpreted in accordance with the laws of said stale. Should any dispute arise regarding this
Agreement, the Superior Court for the State of California, Contra Costa County, shall have
exclusive jurisdiction to determine the same, exeept to the extent such jurisdiction would conflict
with applicable Iederal law regarding matters concerning the FDIC.

VY. Counterparts.

This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which taken together shall constitute one and the same Agreement.
The Agreement shail not be binding, however, until all Parties have signed. An electronically
transmitted, executed signature page fer the Agreement shall be deemed to be an original.

48. Severability.
if any part of this Agreement is void or otherwise invalid and hence, unenforceable,
such invalid or void portion shail be deemed io be separate and severable from the balance of

this Agreement, and shall be given full force and effect as though the void or invalid provision
had never been a part of thie Agreement.

Fofld


7 Reservation of Rights Against Inserance Carriers.

Each of the Parties expressly reserves all rights it may have, if any, as against any of its
own Risurance carriers, including, without Hmitatien, any insurance carricrs that issued title
policies regarding the Subject Property, for or with respect to any claim it may now or hereafler
have with respect to the Subject Property or the subject matter of the Action or arising therefrom.

8. Binding on Successors.

All of the terms and provisions of this Agreement shall be binding upon and shall inure te
the benefit of the Parties hereto, their respective agents, employees, officers, directars, attorneys,
representatives, predecessors, divisions, subsidiaries, affillates, shareholders, assigns, heirs,
administrators, executors and. successors in interest,

9 Nao Third Party Beneficiaries.

Except to the extent provided in the previous paragraph, this Agreement shall not
constitute, nor be construed in any manner to constitute, a contract for the benefit of any other or
“third” party, or any prior creditor of any of the Parties.

i, Authority.

Each individual and/or entity executing this Agreement in a representative capacity
warrants and represents that whe or It is authorized to enter into and execute this Agreement on
behalf of his, her or its respective principal, and that the appropriate corporate resolutions or
other consents have been passed and/or obtained, granting such authority.

it. Interpretation.

The Parties acknowledge and agree that each has been given the opportunity to review
this Agreement mdependently with legal counsel, and that each of the Parties has cooperated in
the drafting of this Agreement such that any construction to be made of this Agreement shall not
be made based on any rule providing for interpretation against the Party who causes uncertainty
to exist, or against the drafisman.

12. Attorneys Fees.

Each of the Parties shall bear his or its own attorneys fees and costs incurred in
connection with the Action, In the event that any Party hereto shall commence legal proceedings
against any other Party to enforce the ierms hereof, or to declare rights hereunder, the prevailing
Party in any such proceeding shall be entifled to recover said Party's costs of suit in said
proceedings, including reasonable attorneys foes, as may be fixed by the Court.

Gof 10


BHO

Tithe

Bye:
Names

MARTIN ESPAREZA



SETTLEMENT AGREEMENT AND MUTUAL RELEASE

THIS SETTLEMENT AGREBMENT AND MUTUAL RELEASE (*Agreement”) is
made and entered into as of April, 2010, by and between the following parties (hereinafter
collectively the “Partles”): Cross-Complainants and Cross-Defendants Countrywide Home
Loans, Inc. and Countrywide Document Cusledy Services, a Division of Treasury Bank, NA.
(collectively, “Countrywide”}, Federal Deposit Insurance Corporation as receiver for Cross~
Complainant and Cross-Defendant IndyMac Bank, F.8.B.' (‘indyMac*} Cross-Defondant
Access Lending Corporation sow known as XWarchouse Lending Corporation (“Access”)
Crose-Complainant and Cross-Delendant JWI investment Corporation (“JWI); and Cross-
Defendant Martin Esparza (Esparza). This Agreement is made in reference to the following
facts:

RECITALS

A Complaine On or about February 8, 2006, HSBC Mortgage Services, Ine.
CHSBC, the original plaintiff in this case, filed a Verified Complaint in the Contre Costa
County Superior Court, Case No. C06-00290, entitled HSAC Morteage Services, Inc. x. CHL
Mortgage Group, of al. Chereinafter, the “ActionTM}, against Countrywide, IndyMac, Access,
Esparza, and JWI, among others (sometimes referred to hercin as “Defendants”), On or about
July 5, 2006, HSBC filed a Verified First Amended Complaint in the Action. In the Fist
Amended Complaint, HSBC alleged purported canses of action for Judicial Foreclosure,
Declaratory Relief, Setting Aside Trustee’s Sale, and Cancellation of Instruments and sought to
enforce its alleged first priority deed of trust agains! ibe soa) property located ST

San Ramon, California (Subject Property”).

B. Answers and Cross-Complainis: Wilh the oxception of Access and IndyMac’ od
who were cach dismissed ftom the First Amended Compleini following the sustaining of their
suecessful demurrers——each of the above-named Parties filed an Answer to HSBC’s Complaint
and/or First Amended Complaint in the Action, denying el] materia! allegations, and alleging
several affirmative defenses. In addition, as discussed below, Countrywide, IndyMac, and SWE
each filed a cross-compiaint tn the Action.

Qn FW Cross-Complaint: On or about March 16, 2006, JWI filed a verified
cross-complaint (UW! Crass-Camplaini’) in the Action against HSBC,
Countrywide, IndyMac, Access, Esparza and others. In the JWI Cross.
Complaint, FW alleged causes of action for Setting Aside Trustes’s Sale,
Restitulion of Bid Price, and Fraud against Access, and for Declaratory Relief,
against all partles. By way of the TW] Cross-Complaint, JWI sought to set aside
the Access foreclosure sale or, in the alternative, to quiet title against all adverse

' On fly 1], 2008, IndyMac Bank, 7.8.3. was closed by the Office of Thrift Supervision, and the
Federal Depasit Insurance Corporation (“FDIC”) was appoinied ag receiver, The FDIC is the real party in
interest oth respect to all rights or claims regarding the Subject Property that were formerly held by IndyMac
Bank, 1.8.8. The FDIC did not formally substiiute into the Acilen, however, choosing instead to continue the
Action in the name of IndyMac Dank, P.8.B., as permitted by law.

Page 1 of 10


I
I

IN WITNESS WHEREOR, this Agreement has been executed by the undersigned as of

the day and year set forth below:

DATED: 2010

DATED: 2010

DATED: , 2010

DATED: fe TP 2010

DATED: , 2010

COUNTRY WIDE HOME LOANS, INC, and
COUNTRY WIDE DOCUMENT CUSTODY
SERVICES, A DIVISION OF TREASURY
BANK, NLA.

By;
Name:
Title:

FEDERAL DEPOSIT INSURANCE
CORPORATION AS RECEIVER FOR
INDYMAC BANE, F.S.B.

By:
Name:
Tithe:

ACCESS LENDING CORPORATION (now
imown as KWAREHOUSE LENDING
CORPORATION)

By:
‘Name:
Title;

JWI INVESTMENT CORPORATION

By: :
Name: /l Cpe" poy

Tite: PRLESIDOY

MARTIN ESPARZA

$ of 10


IN WITNESS WHEREOF, this Agreement has been executed by the undersigned as of

ithe day and year sel forth below:

DATED: , 2010

DATED: » 2016

'

} ;
é &
/r0 {te , 210

COUNTRY WIDE HOME LOANS, INC, and

FEDERAL DEPOSIT INSURANCE
CORPORATION AS RECEIVER FOR,
INDYMAC BANK, F.S.8.

DATED: _ ACCESS LENDING CORPORATION (now
known as XWAREHOUSE LENDING
CORPORA Tio
(b)(6)
By:
(b)(6) Nan Pade OF Cotsia fis
Tithe: Pees fad cow ia
DATED: - 20168 JWI INVESTMENT CORPORATION
B
Title: :
DATED: . 2018

MARTIN ESPARZA

9 of 10


19. ‘Notices.

Any sotice, communication or payment required under this Agreement shail be sent via
U.S. Mail or prepaid express delivery service, such as Federal Express, to the appropriate

Party’s counsel at the address listed below:

Far Countrywide:

For IndyMac:

For Aceras:

Por Wi:

For Martin Esparaas

2. Counting.

Michacl R. Pfeifer

Pfeifer & De La More

768 The City Drive, Suite 380
Orange, CA 92868

Terence N. Hawley

Reed Smith LLP

HOL Second Street, Suite 1800
San Prancisoo, CA 94 105-3659

Kimberly D, Howatt

Gordon & Rees LLP

[Ok West Broadway, Suite 1600
San Dlegs, CA 82101

Kovin 5, Eikenberry
1470 Maria Lane, # 440
Walnut Creek, CA 94596

Alan E. Ramos

Nevin, Ramos & Steele

700 Ygnacio Valley Ruad, Sulte 360
Walnut Creek, CA 94596

For purposes of this Agreement, the term “days” is intended to Indicate calendar days
unless the calendar day for performance under the Agreement falls on a Saturday, Sunday or
state or federal holiday, in which case the time for performance under the Agreement shall be

the next following business day.

(The remainder of this page is intentionally left blank}

Sof 10


B} Countrywide and IndyMac shall split evenly (50-50) the remainder of the
proceeds from the Bankruptcy Distribution, so that Countrywide and IndyMae shall each receive
approximately $29,041.50 (1/2 of approximately $58,083.00). In addition, Countrywide and
IndyMac shall be exclusively entitled to share equally (50-0) any and ail fature distributions
from the CHL Bankruptcy Estate with respect to the Subject Property, with no other Party to
participate in any such distribution. In that regard, FW1, Access and Esparza expressly agree that
they are and shall be excluded from any aud all future distributions from the CHL Bankruptcy
Estate with respect to the Subject Property.

C) Afler reimbursement of $1,500 to IndyMac for property maintenance
expenses, Countrywide and IndyMac shall also split evenly (56-50) the remainder of the fimds
on deposit held by JWI, as trustee of the Litigation Trust, resulting from the sale of the Subject
Property, so that Countrywide will receive approximately $166,505.29 (1/2 of approximaisty
$333,010.59) and IndyMac shali cach receive approximaitly $168,005.29 (1/2 of approximately
$333,010.39 plus $1,500), Neither Access nor Esparza shall receive any distribution from the
funds on deposit held by JWI, as trustee of the Litigation Trust,

B All payments to JWI pursuant to this Agreement will be made by draft
payable io “FW Investment Corporation.” All payments 1o Countrywide pursuant to this
Agreement will be made by draft payable to “Conntrywide Home Loans, Inc.” All payments to
IndyMae pursuant to this Agreement will be made by draft payable to “Federal Deposit
Insurance Corporation as receiver for IndyMac Bank, F.$.B."

2. Dismissal with Prejudice.

Within twenty (20) days of distribution of all funds as described in paragraph |
(excluding any future distributions from the CHL Bankruptcy Estate with regpect to the Sabject
Property}, cach Party shall execute and file a request for dismissal with prejudice of its respective
cross-complaint in this Action.

3 Mutual Releases.

Except for the obligations, covenants, representations, conditions, exceptions,
qualifications and limitations set forth herein, the Parties, and cach of them, do absolutely, fully
and forever release and discharge cach other, and cach of their respective associates, spouses,
owners, stockholders, officers, directors, employees, insurers, affillates, subsidiaries, agents,
predecessors, successors, heirs, trustees, representatives, lawyers, and assigns, of and from the
following, witich are hereinafter referred to as the “Released Claims’:

Any and all actions, causes of action, arbitrations, requests for
provsedings, debts, guarantees, warranties, express or implied,
balances, Habilities, demands, claims, obligations, costs, expenses,
damages, and liens of any and every kisd whatsoever, whether
known or unknown, suspected or unsuspocted, fixed or contingent,
which cach of the Parties now has, or may herealter have, against

4 of 10


APPROVED AS TG FORM AND CONTENT:

DIVISION OF

POSIT INSURANCE
OR.

LAW OFFICES OF KEVIN & EIKENBERRY

DATED:
Attorneys for
Defendants COL
NC. and COUNTRY WIDE DOC
CUSTODY SERVICES,
TREASURY BANK, NLA.
PATER: 7 22010 REEDS
DATED:
DATED: . 2010
By:
Kevin §. Bik
Attorneys for Cr
Defendant JWI IN
DATED: . 2010 NEVEN, RAMOS & $TE

Page 10 of 10


APPROVED AS. TO FORM. AND CONTENT:

DATED: 7 , 2018
DATED: _ 2010
DATED: ee 2nt8

DATED: | _ \ { 2010

DATED: ote

PREIEER & DE LA MORA, LLP

By:

Michael R. Pfeifer, Usq.
Attorneys for Crosa-Complainants anid Crogs-
Defendants COUNTRY WIDE HOME LOANS,
INC, and COUNTRYWIDE DOCUMENT
CUSTODY SERVICES, A DIVISION OF
TREASURY BANK, NA.

RESD SMITH LLP

By:

Terence N. Hawley, Esq.
Atiomeys for FEDERAL DEPOSIT INSURANCE
CORPORATION AS RECEIVER POR
INDYMAC BANK, F.5.B.

GORDON & REES LLP

By:

Kimberly D, Howatt, Esq.
‘Attomeys for Cross-Defendant ACCESS
LENDING CORPORATION (now known as
XWAREHOUSE LENDING CORPORATION)

LAW OEFICES OF KEVIN 8. EIRENBERRY

By:

Win & Bikenbery, Esq. :
Attorneys for Cross-Complainant and Cross~
Defendant JWI INVESTMENT CORPORATION

NEVEN, RAMOS & STEELE

By:

‘Alan E, Ramos, Esq.
Attorieys for Cross-Defendant MARTIN
ESPARZA :

Page 10 of 10


been deposited in a trust account, The Parties agree that all distributions on the Joint Proof of
Claim directed to that trast acconnt will be held in trust and distributed as provided in this
Agreement or in accordance with a final judgment in the Action.

E. Proceeds from Sale of Property (Held in Account of Litigation Trusth: On or
about May 27, 2009, the Subject Property was sald to a third party pursuant to a joint agreement
by the Parties in the Action to liquidate the Subject Property and hold the proceeds in trust. The
net procerds from the sale of the Subject Property totaled $372,131.60. To allow the sale io

close, all of the Parties quit-claimed their respective interests in the Subject Property to a trust
sreated by the. Parties referre sth Litigation Trust’ (Litigation

Trust). Pursuant to the agreement of the Parties, the net proceeds from the sale of the Subject
Property are presently being held for the benefit of the Parties in a non-interest-bearing trust
account of JWI, the designated trustee of the Litigation Trust, to be allocated and distributed to

one or more of the Parties either by settlement or final judgmont in the Action. The Parties’ June
27, 2007 Agreement_re Dispositionof. San Ramon, California and the
related Declaration of Trust are attached hereto as Exhiaits A and B and are incorporated by

reference. To the extent any conflict arises between the terms of Exhibits A and B and this
Agreement, the terms of this Agreement shall control.

BE Mediation: On or about January 12, 2010, the Parties participated in a mediation
with mediater[..-_ {the “Mediation"). As the result of the negotiations that
eccurred during and following the Mediation, and in order to buy thelr peace and aveid
continuing costs and expenses of litigation, and without admitting any liability, the Parties have
agreed to compromise and setile fully and completely the Action as between themselves, and all
claims, demands, and causes of action asserted therein, or which could have been so asserted
therein, whether in the Complaint, the respective Cross-Complaints, or otherwise, and desire to
document their settlement by this Agreement.

NOW THEREFORE, in consideration of the foregoing facts, and the mutual promises set
forth herein, and for other good and valuable consideration, the receipt of which is hereby
acknowledged, the Parties mutually agree and covenant as follows:

AGREEMENTS

L Payment to JWL Countrywide aud IndyMac

Within ten (10) days of execution of this Agreement by all of the Parties, the following
monies shall be paid and/or distributed to DWI, Countrywide, and IndyMac:

A} JWI shall be paid the total sum of $101,662.50 in the following manner:
(1) $35,000.00 directly from Access; (2} an amount oqual te one-third from the proceeds of the
Bankruptey Distribution, or approximately $29,041.49 (13 of approximately $87,124.49); and
(3) the remaining balance (approximately $37,521.01} of the net proceeds from the sale of the
Subject Property now held in the trust account of JWI, as trustee of the Litigation Trust, after
Countrywide and IndyMae receive their respective distributions from the Litigation Trast.

3 of 10


claims to the Subject Property. Ultimately, ]W1 volunterily dismissed its fraud
olaims,

2 Countrywide Cross-Compigint: On or about July 14, 2006, Countrywide
filed a verified cross-complaint (“Countrywide Cross-Complaint”) in the Action
against HSBC, JWI, IndyMac, Esparza, Access end others. In the Countrywide
Cross-Complaint, Countrywide alleged causes of action for Judicial Foreclosure,
Quiet Tide, and Declaratory Relief. By way of the Countrywide Cross
Complaint, Countrywide alleged that the loan it purchased from CHL Mortgage
Group, Inc, @CCHL"} was secured by a first priority deed of trust against the
Subject Property,

ay IndyMac Cross-Complaint: On or about November 13, 2007, IndyMac
filed a verified cross-complaint “indyMac Cross-Complaint} In the Acton
against Countrywide, JWI, Esparza, Access, and others, In the IndyMac Cross-
Complaint, IndyMac alleged causes af action for Judicial Foreclosure, Quiet Tide,
and Declaratory Relief in connection with the Subject Property. By way of the
IndyMac Cross-Complaint, IndyMac alleged that the loan it purchased froma CHL
is sccured by a first priority deed of trust against the Subject Property.

Except for those cross-defendants who may have been dismissed or whose defaults may
have been taken, all of the cross-defesdants have ether filed a disclairaer of interest or an
Answer to the respective crass-complaints in the Action.

[on Disclaimers of Interest: In or about September 2006, Esparza filed a declaration,
whereby he disclaimed ail right, (ite and interest in the Subject Property and was dismissed from
HSBC's First Amended Complaint. In or about May 2008, HSBC alse fled a Disclaimer of
Right, Title and Interest with respect to the Subject Property, In or about that same month, upon
stipulation, HSBC dismissed with prejudice its entire First Amended Complaint, and certain
cross-complainants dismissed their respective cross-complaints with prejudice ag to HSBC,

Dd. Proceeds from the CHL Bankruptey Estate (Held in Account of Bankrupte:
Trustee}: On or about April 21, 2009, counsel for the Chapter 7 Bankruptcy Trustee, John T.
Kendall, approved a joiat deficiency procf of claim (“Joint Proof of Claim} filed on behalf of
Countrywide, Access, and IndyMac as to the Subjest Property in the sum of $880,978.00 in the
related bankrapicy case of In re CHL Morteage Group, ine. (United States Bankruptey Court
Northern District of California, Case No, 05-40438). In or about that same month, the
Bankruptcy Court and the U.S. Trustee’s office approved the Bankruptcy Trustwe’s
recommendation as to the amount ef the Joint Proof of Claim. The Bankruptcy Trustee
thereafier informed certain of the Parties that it was holding approximately $87,124.49 in a trast
account for the purpose of making an interim distribution in connection with the Joint Proof of
Claim (Bankruptcy Distribution”). On March 8, 2010, the Bankruptcy Trustee, IndyMac,
Countrywide and Access agreed to amend the Joint Proof of Claim such that any and all
distributions on the Joint Proof of Claim would be directed to “Reed Smith LLP Client Trust
Account" to the attention of Terence N. Hawley, counsel for ladyMas. The Bankrupicy Trustee
has since forwarded a check In the amount of $87,124.49 to Reed Smith and said funds have

Zof 10


IN WITNESS WHEREOP, this Agreement has been executed by the undersigned as of
the day and year set forth below:

DATED: 5 2010 COUNTRYWIDE HOME LOANS, INC. and
COUNTRY WIDE DOCL VP POY
SERVICES, A DIVISION OF 7)
BANK,N

By:
Name:
Title:

DATED: , 2010 FEDERAL DEPOSIT INSURANCE
CORPORATION AS RECEIVER FOR
INDYMAC BANK, F.S.B.

By:
Mame:
THe:

DATED: _, 2010 ACCESS LENDING CORPORATION (now
known as X WAREHOUSE LENDING
CORPORATION)

By:
Name:
Title:

DATED: ens 2010 JWLINVESTMENT CORPORATION
By:
Name:
Tile:

DATED: Al 20,2010

MARTIN ESPARZA (b)(6)

9 of 10



APPROVED AS TO FORM AND CONTENT:

DATED: , 2010 PFEIFER & DE LA MORA, LLP

By:

Michael R. Pfeifer, Esq.
Attommeys for Cross-Complainants and Cross~
Defendams COUNTRYWIDE HOME LOANS,
INC. and COUNTRYWIDE DOCUMENT
CUSTODY SERVICES, A DIVISION OF
TREASURY BANK, NLA.

DATED: _ 2018 REED SMITH LLP

Ba:

Terence N. Hawley, Esq.
Afiorneys for FEDERAL DEPOSIT INSURANCE
CORPORATION AS RECEIVER FOR
INDY MAC BANK, F.S.B.

Ra, 1 @
DATED: Pyle. 2010 GORDON & REES Lip

By:

Kimberly D. Howatt, Esq.
Altorneys for Cross-Defendant ACCESS
LENDING CORPORATION (now known as
X WAREHOUSE LENDING CORPORATION}
DATED. __ > 2018 LAW OFFICES OF KEVIN S$. EIKENBERRY

By:

Kevin S. Eikenberry, Esq.
Attorneys for Cross-Complainant and Cross-
Defendant [WI INVESTMENT CORPORATION

DATED: a 208 NEVEN, RAMOS & STEELE

By:

Alan E. Ramos, Esq.
Attorneys for Cross-Defendant MARTIN
ESPARZA

Page 10 of 10