(b)(6)

convenience of reference and shal] not control the meaning or interpretation of any of the
provisions of this Settlement Agreement.

123 Subsequent Agreements. The Parties agree that, upon the reasonable
request of the other Party, they shall execute, acknowledge, and deliver any additional
instruments or documents that may reasonably be required to carry out the intentions of
this Settlement Agreement, including such instruments as may be required by the laws of
any jurisdiction, now in effect or hereinafter enacted, that may affect the rights of the
Parties as between themselves or others with respect to their rights and obligations
created by this Settlement Agreement.

1.24 Entire Agreement. The Parties hereto further agree and promise that this
Settlement Agreement sets forth the entire agreement between and among the Parties and
fully supersedes any and all prior negotiations, agreements or understandings made
between or among the Parties. This Settlement Agreement shal] not be modified except
in a writing signed by the Parties or their authorized representatives.

IN WITNESS WHEREOF, and intending to be legally bound hereby, the Parties
have executed this Settlement Agreement as of the date set forth in the opening paragraph
of this Settlement Agreement.

For: The Federal Deposit Insurance For: WEI] Mortgage Corporation
Corporation as Receiver for

IndyMac Bank, FSB
By: By: _| |
name Richard S, Gel Nome WEY Youre
Til: COUpee \ Title: Pr es deat
Paes G@ -G&~\ Dae. £/€ fell

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(b)(6)


Agreement, the prevailing party shall, in addition to any other available relief, be entitled
to an award of reasonable attomey’s fees and litigation expenses incurred in the
prosecution or defense of the action, including any appeal.

1.16 Severability. The Parties hereto agree that if any provision of this
Settlement Agreement is declared by any court to be illegal or invalid, the validity of the
remaining parts, terms or provisions shall not be affected thereby, and such illegal or
jovalid part, term or provision shall be deemed not to be part of this Settlement
Agreement.

117 Binding Effect. This Settlement Agreement shal! be binding upon and
inure to the benefit of the Parties and their respective heirs, personal representatives,
successors, and assigns,

L18 Review and Understanding. The Parties have entered into this
Settlement Agreement voluntarily, having fully read and fully understanding the meaning
and effect of all of its terms and provisions, and fully understanding its and their costs
and risks, Each of the Parfies has consulted with legal counsel concerning this Settlement
Agreement and has conducted such inquiry as they deem necessary and advisable prior to
entering into this Settlement Agreement. The Parties enter into this Settlement
Agreement understanding that facts or other circumstances may exist which are presently
unknown or undisclosed, or which are different from or other than those which they
believe to be the case, and the Parties voluntarily assume all risks attendant 10 such
unknown, undisclosed, different, or additional facts or other cireumstances.

L19 Number. Whenever applicable, the singular shall include the plural, and
the plural shall include the singular.

120 Counterparts/Execution. This Settlement Agreement may be executed
in one or more counterparts, all of which shail form a single agreement. A Party’s
signature on this Settlement Agreement by facsimile shall be valid and effective for all
purposes as an original signature, provided, however, that the original signature shall be
produced upon request.

1.21 Waiver. No term or condition of this Settlement Agreement shall be
deemed to have been waived, nor shall there be an estoppel against the enforcement of
any provision of this Settlement Agreement, except by written instruments signed by the
Party charged with the waiver or estoppel. No written waiver shall be deemed a
continuing waiver unless specifically stated therein, and the vitten waiver shall operate
only as to the specific term or condition waived, and not for the future or as to any other
act than that specifically waived.

1.22 Headings. The headings of paragraphs herein are intended solely for the

SETTLEMENT AGREEMENT & MUTUAL RELEASE
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(yd)

SETTLEMENT AGREEMENT AND MUTUAL RELEASE

THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE
(‘Settement Agreement”) is entered into and made effective as of the_£ day of Fume
2011 (“Effective Date), by and between. the Federal Deposit Insurance Corporation as
Receiver for IndyMac Bank, FSB (“FDIC”) and WEI Mortgage Corporation (“WEY”).
The FDIC and WEI may hereinafter be referred to individually as a “Party” or
collectively as the “Parties.”

RECITALS

Li WEI sold and/or delivered mortgage loans to IndyMac Bank, FSB
pursuant to various written agreements, A dispute has arisen between the Parties with
respect to an outstanding demand for repurchase and/or indemnity. Specifically,
IndyMac Bank, FSB made a demand to WEI lor repurchase and/or indemnification based
upon WEI's breach of the representations and warranties as set forth in the written
agreements,

12 Without admitting liability, the Parties desire to and have agreed to settle
all repurchase and indemnification claims relating to the mortgage loans sold directly by
WEI to IndyMac Bank, FSB (collectively, the “Loans”) upon the terms and conditions
hereinafter set forth.

AGREEMENT

NOW, THEREFORE, in consideration of the mutual covenants and promises set
forth herein, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged by the Parties, the Parties, intending to be legally bound,
agree as follows:

13 Reeitals. The Recitals set forth above are incorporated into the body of
this Settlement Agreement as though fully set forth herein.

14 Payment of the Settlement Funds. WEI shall pay the total sum of
$35,000 (Thirty Pive Thousand Dollars) (the “Setlement Funds”) by no later than June
30, 2011, The Settlement Funds shall be made by wire transfer made payable to

“Mortgage Recovery Law Group Trust Account," Account Number:
Routing. Number{——_] Reference: WEL Setdement.

RELEASE
18 Unknown Claims. Each Party acknowledges that this Settlement

SETTLEMENT AGREEMENT & MUTUAL RELEASE
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bya)


Agreement applies to all claims for injuries, damages, or losses of any type or nature
(whether those injuries, damages, or losses are known or unknown, foreseen or
unforeseen, patent or latent) which that Party may have against the other Party arising
from the obligation to repurchase and/or indemnify for losses associated with the Loans.
Each Party hereby expressly waives application of California Civil Cade §1542 and any
other similar statute or rule with respect to the Loans as provided for herein.

16 Each Party certifies that they have read and understood the following
provisions of California Civil Code £1542, which states in pertinent part ag 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.”

7 Each Party understands and acknowledges that the significance and
consequence of its waiver of California Civil Code $1542 is that even if any Party should
eventually suffer additional damages arising out of the obligation to repurchase and/or
indemnify for losses associated with the Loans, the claims and causes of action that were
or could have been asserted relating to the obligation to the repurchase and/or indemnify
for losses associated with the Loans, or any facts or circumstances related to the
obligation to repurchase and/or indemnify for losses associated with the Loans, that Party
will not be able to make any claim against the other Party for thoge damages.
Furthermore, each Party acknowledges that it consciously intends these consequences
even as to claims for damages that may exist as of the date of this release but which that
Party does not know exists, and which, if known, would materially affect that Party’s
decision to execute this release, regardless of whether that Party's lack of knowledge is
the result of ignorance, oversight, error, negligence, or any other cause.

18 Each Party hereby fully, finally, and forever releases and discharges the
other Party, and any and all of its respective past, present, and future affiliates,
employees, members, partners, joint venturers, independent contractors, attorneys,
insurers, investors, successors, assigns, representatives, officers, directors, shareholders,
independent contractors, predecessors, successors and assigns, and any corporation,
partnership or limited liability company which was or is at any time the parent or wholly
owned subsidiary of such entity, and any such corporation's, partnership's or limited
lability company's officers, directors, employees, or any corporation, partnership or
limited Hability company which was or is an affiliate of such entity by virtue of common
ownership or control, and any such corporation's, parinership’s or limited liability
company's, officers, directors, and/or employees of and from any and all actions, causes

SETTLEMENT AGREEMENT & MUTUAL RELEASE
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of action, claims, demands, damages, debts, losses, costs, experises, attorney fees or other
liabilities of every kind and nature whatsoever, whether legal or equitable and whether
known or unknown, arising out of, resulting from, or relating to, in any manner, the
obligation to repurchase and/or indemnify for losses associated with the Loans, the
claims and causes of action that were or could have been asserted relating to the
obligation to repurchase and/or indemnify for losses associated with the Loans, or any
facts or clreumstances related to the obligation to repurchase and/or indemnify for losses
associated with the Loans.

L9 Notwithstanding any other provision in this Settlement Agreement, the
EDIC does not release, and expressly preserves fully and to the same extent as if the
Settlement Agreement had not been executed any action taken by any other federal
agency. In addition, this Settlement Agreement does not purport to waive, or intent to
waive, any claims whieh could be brought by dhe United States through either the
Department of Justice or the United States Attorney's Office for any federal judicial
district. In addition, the FDIC specifically reserves the right to seek court ordered
restitution pursuant to the relevant provisions of the Victim and Witness Protection Act,
18 U.S.C. § 3663, er seg., if appropriate.

LLG Notwithstanding any other provision in this Settlement Agreement, the
EDIC does not release, and expressly preserves fully and to the same extent as if the
Settlement Agreement had not been executed any claims against WEI aristag out of
existing or failed financial institutions other than IndyMac Bank, FSB.

141 Conditions of Execution. Each Party acknowledges and warrants that its
execution of this Settlement Agreement is free and voluntary,

112 No Admission. It is agreed that no Party hereto admits liability or
wrongdoing of any nature, and that this Settlement Agreement is made as a compromise
of disputed claims.

1,13 Fair Meaning. The Parties hereto further agree that the language of all
parts of this Settlement Agreement shall in all cases be construed as a whole, according to
its fair meaning, and not strictly for or against any of the Parties,

114 Governing Law. The Parties agree to submit w the Courts of the City
and County of Los Angeles, California, for any dispute arising out of this Settlement
Agreement, or related thereto, and consent to the jurisdiction of said Courts and further
agree that any and all matters of dispute shall be adjudicated, governed and controlled
under California law.

L15 Attorneys’ Fees. Should any action be commenced to enforce, interpret,
or seek damages, injunctive relief, or specific performance for violation of this Settlement

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