RELEASE AND SETTLEMENT OF ALL CLAIMS 

This is a Release and Settlement of All Claims ("Agreement"), dated as of the last date 

below, by and among Federal Deposit Insurance Corporation, as a Receiver for IndyMac Bank, 

F.S.B. ("FDIC"), and William Grba & Associates, Inc. ("Grba"), collectively referred to herein 

as the "Parties." 

BACKGROUND 

Whereas, Grba performed an appraisal of the property located at 1621 Dodge Avenue, 

Evanston, Illinois ("Subject Property"). 

Whereas, Grba's appraisal of the Subject Property was submitted to IndyMac Bank, 

F.S.B. in connection with a mortgage loan transaction. 

Whereas, FDIC filed a complaint in the District Court for the Northern District oflllinois, 

against Success Title Services, Inc. ("STS"), in an action titled Federal Deposit Insurance 

Corporation, as Receiver for IndyMac Bank, F.S.B. v. Success Title Services, Inc. (Case No. 09­

CV-04867) (the "Lawsuit"). 

Whereas, STS filed a third-party complaint, seeking contribution, against Grba in the 

Lawsuit. 

Whereas, Grba denies the allegations contained in the third-party complaint. 

The Parties have agreed, without concession of liability or fault, to compromise all 

disputes between and among them relating thereto on the terms set forth below. 

AGREEMENT 

In consideration of the mutual promises and covenants contained herein and for other 

valuable consideration, the receipt and sufficiency of which is acknowledged by the Parties by 

execution ofthis Agreement, the Parties agree as follows: 

1. Grba and/or its insurer, General Star Insurance Company, shall pay FDIC, the 

sum of Fifty Thousand Dollars ($50,000.00) (the "Settlement Payment"). The Settlement 

Payment shall be made payable to "RJ Landau Partners PLLC, Attorneys for Federal Deposit 

Insurance Corporation" within fifteen (15) days of the execution of this Agreement by FDIC. 

The Settlement Payment represents full settlement and release of all claims by and between the 

Parties in relation to the Su~ject Property, including but not limited to any and all claims for 

attorneys' fees and costs. 

2. Upon full execution of this Agreement, and as a condition ofsettlement, a motion 

for good faith finding shall be filed and presented to the Court as to Grba. If, for any reason, the 

Court declines to enter a good faith finding, this Agreement shall be null and void. 

3. As consideration of the payment contained in Paragraph 1, FDIC, and its 

administrators, assigns, successors, predecessors, representatives, agents, subsidiaries, affiliates, 

directors, officers, and employees, release and forever discharge Grba and all of its affiliates and 

related entities and companies, and each of their agents, servants, employees, subsidiaries, 

parents, affiliates, directors, officers, administrators, predecessors, successors, representatives, 

fiduciaries, assigns, and its insurer, General Star Management Company, and each and every one 

of them from any and all claims, actions, demands, damages, expenses, and compensation 

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whatsoever arising from or related to the Subject Property, the Lawsuit, and any of the claims 

FDIC, has or could have asserted in the Lawsuit; or any claims arising out of or which relate to 

the appraisal of the Subject Property prepared by or on behalf of Grba. This Agreement 

specifically reserves all claims against Success Title Services, Inc. 

4. FDIC acknowledges that this Agreement covers claims and causes of action 

whether they be under theories of tort, contract, statute or otherwise. FDIC further 

acknowledges that this Agreement covers claims for any form of damages, whether 

compensatory, punitive, statutory or otherwise, and includes claims and causes of action for all 

forms of costs, fees, benefits or expenses, which accrued or may accrue in the past, present or 

future based upon facts that existed as of the date of this Agreement. FDIC further 

acknowledges that it may discover facts and legal theories in addition to or different from those 

of which it is now aware. Claims, causes of action and suits arising out of any or all matters 

released herein that are based upon facts or legal theories unknown as of the date of this 

Agreement are barred by this Agreement. FDIC further waives the right to rely upon any statute, 

rule or common-law doctrine which precludes the release of claims, causes of action, or suits 

arising from facts which are not known or are different from those known when the release is 

executed. 

5. FDIC warrants it is the sole party authorized to pursue the claims asserted in the 

Lawsuit, and that it has made no assignment of any of those rights, and that there are no liens 

asserted against any ofthose rights or the Settlement Payment. 

6. Neither this Agreement nor any of its provisions, terms, or conditions constitute 

an admission of liability or wrongdoing on the part of the Parties and neither this Agreement nor 

any of its provisions, terms, or conditions shall be construed as an admission of liability or 

wrongdoing or may be offered or received in evidence in any action or proceeding as evidence of 

admission of liability or wrongdoing. 

7. · All of the agreements, covenants, representations and warranties between the 

Parties, express or implied, oral and Written, concerning the subject matter ofthis Agreement are 

contained in this Agreement. All prior and contemporaneous conversations, negotiations, 

agreements, representations, covenants, and warranties concerning the subject matter of this 

Agreement are merged into this Agreement. The Parties agree that no party shall be bound by or 

liable to any other in any manner for representations, statements, or warranties that are not 

expressly set forth herein, and that no promises or inducements have been made except for as set 

forth herein and that the Parties sign this Agreement in reliance only upon the statements and 

representations contained herein. 

8. This Agreement may not be modified except by agreement of all the Parties in 

writing duly executed by all the Parties. 

9. The Parties represent and warrant that there has been no assignment, negotiation, 

hypothecation or other transfer or alienation of any cause of action, or of any other rights, 

obligations, liabilities, demands or claims existing between the Parties or which could be 

asserted by the Parties in the Lawsuit. 

10. Electronic or facsimile transmission of a signed Agreement shall constitute receipt 

of an original signed Agreement by mail. 

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11. This Agreement shall be governed by the internal laws of the State of Illinois 

without regard to conflict of law principles. 

12. The Background section above is an integral part of this Agreement and is hereby 

incorporated and made a part hereof as though fully set forth herein. 

13. This Agreement is supported by good and valuable consideration, the receipt and 

sufficiency of which are hereby acknowledged. 

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SUBSCRIBED and SWORN to 

Before me this J..Se_ day of 

Federal Deposit Insurance Corporation, as AlAAus t 011. 

Authorized Representative: 

I· •

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(b)(6) 

~ ~~R<eeiver forlndyMaeBank; F.SoU. 

(b)(6) Notary Public 

Date:._~_-___o_\G,_.....-_\.!.-J\t___ 


Commonwealth 01 'hglnla 


Susan Schwartzbart •NotatY PuiiiC 


Commission No. 7029518 


My Commission Expires 1113C11:1014 


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(b)(6) 

(b)(6) 

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··OUICit\l. iiF M ·~ 

JOHN A. AJ.:vARE.Z 


Uo!al)' ~~le. S'lll!Gl u.nas 


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