H (b)(2) L/ 

received 

SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS 

This Settlement Agreement and Release of all Claims ("Agreement") is made and entered 

into this 17 day of March, 2010 (the "Effective Date"), by and between the Federal Deposit 

Insurance Corporation, as Receiver for First National Bank of Nevada ("FDIC-R") and 

Rosemarie Campbell ("Campbell") ("the Released Party") (FDIC-R and the Released Party 

collectively, the "Parties"). 

RECITALS 

WHEREAS, on or about April 24, 2006, First National Bank of Arizona ("FN13A") 

made a loan to Campbell in the original principal amount of $236,250,( "Campbell Loan").which 

was secured by real estate and improvements to residential property more specifically known as 

1049 Lawton Street, S.W., Atlanta, Fulton County, Georgia 30310 (the "Property") 

WHEREAS, FNBA contended that Campbell misrepresented her income and debt, 

which caused FNBA to make the Campbell Loan, in a lawsuit currently styled as FDIC-R v. 

Rosemarie Campbell, Heath Appraisal Service, Inc., and Priority Appraisal Services, Inc, in the 

United States District Court for the Northern District of Georgia, Atlanta Division, Civil Action 

No. 08-cv-01777-TWT (the "Lawsuit"); 

WHEREAS, Campbell denied and continues to deny any and all allegations set forth in 

the lawsuit. 

WHEREAS, subsequent to the filing of the Lawsuit, FNBA merged into First National 

Bank of Nevada. The Federal Deposit Insurance Corporation was appointed as receiver for First 

National Bank of Nevada ("FNBN"), and substituted itself as a party plaintiff in the Lawsuit as 

successor-in-interest to FNBA; 

WHEREAS, FDIC-R and the Released Party desire to settle fully and finally all issues 

related to all claims that were brought or could have been brought by and between the Parties in 

the Lawsuit, arising out the ownership of the Property or related to the Campbell Loan or any 

acts or omissions of Campbell. 

AGREEMENT 

NOW, THEREFORE, in consideration of the mutual covenants and promises herein 

contained and other good and valuable consideration, receipt of which is hereby acknowledged, 

and to avoid additional and/or unnecessary litigation before any other state or federal court or 

tribunal, it is hereby agreed by and between the Parties as follows: 

1. Recitals. The preamble and recitals are hereby incorporated into this Agreement. 

2. Payments. Upon execution of this Agreement, the Released Party will pay to 

FDIC-R the following: 
c.. 

(a) A check drawn on the escrow account of Jones Martin,LLC in the amount 

of $250.00 (two hundred fifty dollars and zero cents), representing settlement proceeds 

from the Lawsuit, made payable to Schiff Hardin LLP; 

(b) The payment under Paragraph 2(a) of this Agreement will be sent to 

FDIC-R’S counsel, Tamera M. Woodard, Schiff Hardin LLP, 1201 W. Peachtree Street, 

N.E., Suite 2300, Atlanta, Georgia 30309; 

(c) The Released Party shall make the payment under Paragraph 2(a) within 

ten (10) business days of the date upon which the Released Party received a signed copy 

of this Agreement. 

3. Dismissal Of All Actions. Within ten (10) days of receipt of the payment 

identified in 2(a), FDIC-R shall immediately take all action to obtain dismissal of all legal 

actions and proceedings against Campbell with prejudice. The Parties represent and warrant that 

they have filed no claims and know of no claims filed in court or in any other forum between 

these parties pertaining to the subject matter of this Agreement, and, in the event that any such 

claims do exist, the parties agree to immediately withdraw and dismiss them with prejudice. 

4. Resolution Of All Claims. 

4.1. Resolution. The Parties knowingly and voluntarily release and forever 

discharge each other, to the full extent permitted by law, of and from any and all claims, known 

and unknown, asserted and unasserted, that either Party may have against the other as of the date 

of execution of this Settle Agreement and Release of All Claims; from any and all claims, 

actions, causes of action, demands, rights, damages, costs, loss of services, expenses and 

compensation whatsoever which either Party may have had, may now have, may claim to have, 

or may hereafter have or claim to have in any way arising out of or related to any act or omission 

of the Parties, their agents, or any other allegations raised or which could have been raised in the 

Lawsuit. 

4.2. Exceptions. Notwithstanding any other provision, by this Agreement, the 

FDIC-R does not release, and expressly preserves fully and to the same extent as if the 

Agreement had not been executed, any claims or causes of action: 

(a) against Campbell 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-R, other financial institutions, or any other person or entity with the exception of 

the Campbell Loan;, and 

(b) against any person or entity not expressly released in this Agreement. 

Releases. As of the date of this Agreement: 

5.1. Release by FDIC-R. The FDIC-R releases the Released Party, her 

respective agents, employees, attorneys, successors and assigns from all possible claims, rights, 

interests, actions, causes of action, damages, demands, costs, expenses, and liabilities 
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the 

Effective Date set forth on the cover page of this Agreement. 

(b)(6) 

FDIC-R: 

FEDERAL DEPOSIT INSURANCE 

CORPORATION as Receiver for First National 

Bank of Nevada 

By: 

Name: 

Title: 

cIf2\a340244.I 

I 

I 

Ir 

5 
 

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the 

Effective Date set forth on the cover page of this Agreement. 

ROSEMARIE CAMPBELL: 

FDIC-R: 

FEDERAL DEPOSIT INSURANCE 

CORPORATION as Receiver for First National 

Bank of Nevada 

j b X6) 

By: 1L----------------------( Name: 

Title: 

CJ{2\8414152.1 

5