Scott Héinen

Date: G- go “OVO

Heinen & Associates, Inc.

By: _ADCoNA E Agnes

Name: y

Title: Owner

Date: _ 4- 2o- 201d

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(b)(6)


Ul. Representation. No representation or warranty has been made by or on behalf of
any party to this Agreement (or any officer, director, employee or agent thereof) to induce any
other party to enter into this Agreement or to abide by or consummate any transactions
contemplated by any terms of this Agreement, except representations and warranties, if any,
expressly set forth berein. In entering into this Agreement, the parties hereto represent that they
have proceeded with the advice of an attorney of their own choice, that they have read the terms
of this Agreement, that the terms of this dgreement have been completely tead and explained to
the parties by their attorney, and that those terms are fully understood and voluntarily accepted
by the parties.

12. Authority. Each person signing this Agreement on behalf of any entity warrants
or represents that he/she has the full and complete authority to enter into this Agreement? on
behalf of that entity.

IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as

of the date indicated by each party’s signature.

Federal Deposit Insurance Corporation, as
Receiver for IndyMac Federal Bank, FSB

By:

Name: eck $0 Dene

Title: Leense!

Date: ieler baw

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EXHIBIT TO RELEASE AND SETTLEMENT AGREEMENT

This Exhibit to the Release and Settlernent Agreement (the “Agreement) entered into by
and between the Federal Deposit Insurance Corporation, as Receiver for IndyMac Federal Bank,
FSB and Scott Heinen and Heinen & Associates, LLC with respect to the claims made in the
case captioned Federal Deposit insurance Corporation, as Receiver for IndyMac Federal Bank,
FSB y, The Auerstrom Consulting Group, et al, in the 269th Judicial District Court of Harris

County, Texas, Cause No, 2008-21777 is specifically included as a part of the Agreement.

The term “Property” as used in the Agreement means:

More-commenty-known-as Houston, Texas 77002.



RELEASE AND SETTLEMENT AGREEMENT

This Release and Settlement Agreement (the “Agreement”) is effective on the date that all
parties have executed the Agreement, and is entered into by and between the Federal Deposit
Insurance Corporation, as Receiver for IndyMac Federal Bank, FSB FDIC") and Scott Heinen
and Heinen & Associates, LLC (collectively “Heinen’) with respect to the claims made in the
case captioned Federal Deposit Insurance Corporation, as Receiver for IndyMac Federal Bank,
FSB v. The Atterstrom Consulting Group, et al., in the 269" Judicial District Court of Harris
County, Texas, Cause No, 2008-21777 (he “Litigation").

RECITALS

WHEREAS, IndyMac Bank, F.S.B (“/adpMac”) funded mortgage loans secured by the
real property identified in the Exhibit to this Agreement (the “Property”);

WHEREAS, Heinen performed an appraisal of the Property which was used in
connection with mortgage loans funded by IndyMac (the “Appraisal),

WHEREAS, /navMac asserted claims in the Litigation against Heinen based on the
Appraisal,

WHEREAS. FDIC is entitled to pursue the claims asserted by JndvMdae in the Litigation,

WHEREAS, Heinen expressly denies any liability relating to the asserted claims in the
Litigation. and

WHEREAS, to avoid any further expense of Htigation, the parties voluntarily enter into
this Agreement

In consideration of the above and for such other good and valuable consideration, the
sum and sufficiency of which is hereby acknowledged and based on the mutual promises and

conditions contained herein, the patties agree as follows:


i Recitals. The above Recitals are incorporated herein by reference and made a
part of this dereement.

2. Dismissal and Release. FDIC and Heinen, through counsel, shall execute a
dismissal with prejudice and without any costs or altorney’s fees to any party regarding all
claims in the Litigation between Heinen and PDIC.

For and in consideration of the total payment of $40,000 (Forty Thousand Dollars) by
Heiner to be payable to “RJ Landau Partners PLLC, Attorneys for Federal Deposit Insurance
Corporation” within fiftcen (15) days of the execution of this Agreemeni, and in consideration of
the terms and conditions of this Agreement, FDIC does absolutely and unconditionally release
Heinen, Heinen’s officers, directors, shareholders, members, insurers, attomeys, employees,
owners, agents, alfillates, successors, fiduciaries, estates, heirs, and assigns, jointly and severally,
from any and all claims, demands, actions or causes of action, known or unknown, now existing
or hereafter acquired, and whether or not asserted in the Litigation, which FDIC had, has, claims
to have, or may hereafter acquire against Heinen, arising out of the facts and circumstances
alleged in the Litigation.

3. Express Reservation from Releases by FDIC. Notwithstanding any other
provision, by this Agreement, FDIC 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 the facts and circumstances alleged in the Litigation, or the defense of
the same, or (b) any action taken by any other federal agency.

4. No Admission of Liability, It is expressly understood and agreed that the sum of

money being paid by Heinen as set forth in this Agreement is in compromise and seitiement of


disputed claims and that the payment of such money is not and shall not be construed as an
admission of liability en the part of Heinen.

5. Attorney’s Fees and Costs. Each party shall bear its own attorney’s fees and
costs with respect to the Litigation.

6 Amendment, This Agreement may not be amended or modified at any time
except by any instrument in writing executed by all of the parties.

7. Exeention. This Agreement may be executed in two or more counterparts, cach
of which shall be deemed an original, but all of which together shall constitute one in the same
instrument, ‘The parties also agree that. without receiving further consideration, they will sign
and deliver such documents and do anything else that is reasonably necessary in the future to
make the provisions of this Agreement effective.

&. Integrated Agreement. This Agreement, including any exhibits hereto, sets forth
the entire understanding between the parties concerning the subject matter of this Agreement and
incorporates all priar negotiations and understandings. There are no covenants, promises,
agreements, conditions or understandings, either oral or written, between them relating to the
subject matter of this 4greemenr other than those set forth herein.

9. Governing Law. This Agreement shall be governed by and construed in
accordance with Texas law (excluding any conflict of laws rule or principle that might refer the
governance or construction of this Agreement to the law of another jurisdiction). Nothing in this
Agreement shall require any unlawful action or inaction by any party hereto.

10. Severability. If any portion of this Agreement is found to be unenforceable, the
parties desire that all other portions that can be separated from the unenforceable portion or

appropriately Hmited in scope shall remain fully valid and enforceable,