SETTLEMENT AND REI~EASE AGRK"fi~MENT 

This Settlement and Release Agreement ("Agreement") is made as of this 26th day of 

June, 2013 ("Effective Date,), by, between, and among the following undersigned parties: 

The Federal Deposit Insurance Corporation, as receiver of Mirae Bank ("FDIC"), and 

Ataollah Aminpour ("Aminpour"). The FDIC and Aminpour may be referred to herein 

individually as a "Party" and collectively as the "Parties." 

RECITALS 

WHEREAS: 

Prior to June 26, 2009, Mirac Bank ("Bank") was a depository institution organized and 

existing under the Jaws of California; 

On June 26, 2009, the Bank was closed by the California Department of Financial 

Institutions ("CDFI") and pursuant to 12 U.S.C. § 1821(c), the FDIC was appointed receiver. In 

accordance with 12 U.S.C. § 1821(d), the FDIC as receiver succeeded to all rights, titles, powers 

and privileges of the Bank, including those with respect to its assets; 

Among the assets to which the FDIC as receiver succeeded were any and all of the 

Bank's claims, demands, and causes of actions against its former directors, officers and 

employees arising from the performance, nonperformance and manner of performance of their 

rcspccti ve functions, duties and acts as directors and/or officers of the Bank; 

As a result of the FDIC's investigation into the perfonnance of the Bank, the FDIC 

alleges that Aminpour committed certain breaches of fiduciary duty while serving as Chief 

Marketing Officer of the Bank; 

The FDIC specifically alleges that Aminpour, while serving as a director and/or officer of 

the Bank, referred certain borrowers to the Bank for loans that ultimately were approved for and 

received secondary financing despite known or obvious concerns regarding the legitimacy of 

borrowers' down payments; 
The FDIC further alleges that Aminpour, while serving as a director and/or officer of the 

Bank, failed to disclose certain pertinent information to appropriate oflicials at the Bank 

regarding the legitimacy of these harrowers he referred to the Bank who ultimately were 

approved for loans; 

The FDIC alleges that loans referred by Aminpour accounted for 51 percent of the 

Bank's substandard assets; 

Aminpour's employment with the Bank was not terminated until2009; 

Aminpour denies these allegations; and 

The undersigned parties deem it in their best interests to enter into this Agreement to 

avoid the uncertainty, trouble, and expense of litigation. 

NOW, THEREFORE, in consideration of the promises, undertakings, payments, and 

releases stated herein, the sufficiency of which consideration is hereby acknowledged, the 

undersigned Parties agree, each with the other, as follows: 

SECTION I; Payment to FDIC 

A. As an essential covenant and condition to this Agreement, Aminpour agrees to 

pay the FDIC the total sum of $400,000 ("the "Settlement Funds"), as follows: 

1. $200,000 within 60 days of the execution of this Agreement ("Initial 

Payment,); and 

11. $20,000 per year, commencing on June l, 2014, and continuing for ten 

years (all payments due annually no later than June 1) with the final 

payment to be made no later than June 1, 2023, for a total of$200,000 

("Periodic Payments"). 

B. The Settlement Funds shall be paid by certified or cashier's check drawn upon a 

depository institution acceptable to FDIC made payable to the FDIC, as receiver for Mirae Bank. 

Amnipour shall send all payments to the following address: 

2 
Professional Liability Unit 

FDIC, Legal Division 

3501 Fairfax Drive, VS-B-7016 

Arlington, VA 22226 

C. In the event that Settlement Funds are not delivered to the FDIC (or its counsel) in 

accordance with this Agreement, interest shall accrue on all unpaid amounts at the rate of 5% per 

annum from date payment is due. 

D. On the Effective Date of this Agreement, Aminpour shall grant to the FDIC a 

~~ ~( 4 )~{~) security interest in real property located atiL.~··-·· ----------...J~ Los Angeles, 

California 90024 for the full amount of the Settlement Funds (the "Security Interest") pursuant to 

the terms and conditions set forth in the agreement attached hereto as Exhibit A ("Security 

Agreement"). The Security Interest shall be extinguished only upon delivery of all Settlement 

Funds (including any accrued interest) by Aminpour to the FDIC on or before July 1, 2023 in 

accord with the terms of PARAGRAPHS I.A. and I.B. of this Agreement. 

E. In the event that Aminpour fails to deliver either the Initial Payment and/or any 

Periodic Payment to the FDIC on or before the date such payment or payments are due in accord 

with PARAGRAPHS LA. and I.B. of this Agreement., the Parties agree that a stipulated 

judgment will be entered against Aminpour in favor of the FDIC for the full amount of the 

original obligation of $6,000,000, less payments already made by Aminpour to the FDIC 

("Stipulated Judgment"). Parties agree that all pleadings, filings and other documents necessary 

to affect a judgment will be executed. Aminpour also hereby consents to jurisdiction in Federal 

District Court in the Central District of California, to execute all documents necessary to effect a 

judgment, and agree to pay all of the FDic>s reasonable attorney's fees expended in enforcing 

the terms of this Agreement, including the Stipulated Judgment. A copy of the Stipulated 

Judgment is attached hereto as Exhibit B which must be executed by the Patties and returned to 

the FDIC as part of this Agreement. 

F. In addition, and without waiving any other rights that the FDIC may have, in the 

3 
event that the all Settlement Funds (including all accrued interest) arc not received by the FDIC 

on or before July 1, 2023, the FDIC, in its sole discretion, shall also have the right at any time 

prior to receipt of all Settlement Fw1ds (including all accrued interest) to declare this Agreement 

null and void and/or shall have the right to extend this Agreement for any period of time until it 

receives all Settlement Funds (including all accrued interest), and/or shall have the right to 

enforce this Agreement against Aminpour for failing to deliver the Settlement Funds. Any 

decision by the FDIC to extend the terms of this Agreement ot· to accept a portion of the 

Settlement Funds shall not prejudice its rights to declare this Agreement null and void at any 

time prior to receipt of all Settlement Funds (including all accrued interest) from Aminpour or to 

enforce the terms of this Settlement Agreement against Aminpour; provided however, that in the 

event the FDIC declares this Agreement null and void, the FDIC will return all amounts pa1d to it 

under this Agreement by Aminpour. In no event shall the FDIC declare this Agreement null and 

void in the event that Aminpour has delivered all Settlement Funds (including any accrued 

interest) on or before July 1, 2023. 

G. In the event Aminpour files for bankruptcy, Aminpour hereby agrees that 

sufficient facts exist to establish that Aminpour's obligation to pay the Settlement Funds 

pursuant to the terms of this Agreement is non-dischargable debt pursuant to ll USC § 

523(a)(ll). Aminpour hereby further agrees to notify the FDIC in writing at the following 

address no later than ten (1 0) days after Aminpour files for bankrnptcy: 

Howard B. Klein, Esq. 

Counsel, Professional Liability Unit 

FDIC, Legal Division 

350 I Fairfax Drive, VS-B-70 16 

Arlington, VA 22226 

SECTION II; Releases 

A. Release of Aminpour by FDIC. 

Effective upon receipt in full of the Settlement Funds plus any accrued interest due 

4 
thereon, and except as provided in PARAGRAPH II.C. below, the FDIC, for itself and its 

successors and assigns, hereby releases and discharges Aminpour and his heirs, executors, 

administrators, representatives, successors and assigns, from any and all claims, demands, 

obligations, damages, actions, and causes of action, direct or indirect, in law or in equity, 

belonging to the FDIC, that arise from or relate to, Aminpour's pe1formance, nonperformance, or 

manner of performance of his functions, duties and actions as an officer and/or employee of the 

Bani<. 

B. Release of FDIC by the Settling Defendants. 

Effective simultaneously with the release granted m I, ARAGRAPH II.A. above, 

Aminpour, on behalf of himself, and his respective heirs, executors, administrators, agents, 

representatives, successors and assigns, hereby releases and discharges the FDIC, and its 

· employees, officers, directors, representatives, successors and assigns, from any and all claims, 

demands, obligations, damages, actions, and causes of action, direct or indirect, in law or in 

equity, that arise from or relate to, the Bank or to the performance, nonperformance, or manner 

of performance of Aminpour's functions, duties and actions as an officer and/or employee of the 

Bank. 

C. Express Reservations From Releases By FDIC. 

1. Notwithstanding any other provision, by this Agreement, the FDIC 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 Aminpour or any other person or entity for liability, if any, incW'red 

as the maker, endorser or guarantor of any promissory note or indebtedness payable or owed by 

them to FDIC, the Bank, other financial institutions, or any other person or entity, including 

without limitation any claims acquired by FDIC as successor in interest to the Bank or any 

person or entity other than Bank; 

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

c. tor breach of this Agreement; and 

5 
c. which are not expressly released in Paragraph II.A. 

2. Notwithstanding any other provision, nothing in this Agreement shall be 

construed or interpreted as limiting, waiving, releasing or compromising the jurisdiction and 

authority of the FDIC in the exercise of its supervisory or regulatory authority or to diminish its 

ability to institute administrative enforcement proceedings seeking removal, prohibition or any 

other administrative enforcement action of the Bank which may arise by operation of law, rule or 

regulation. 

3. Notwithstanding any other provision, this Agreement does not pw·pmt to 

waive, or intend to waive, any claims which could be brought by the United States through either 

the Department of Justice, any the United States Attorney's Office for the Central District of 

California or any other federal judicial district. In addition, the FDIC specifically reserves the 

right to seck court ordered restitution pw·suant to the relevant provisions of the Victim and 

Witness Protection Act, 18 U.S.C. § 3663, et. seg., if appropriate. 

SECTION III: Waiver of Dividends 

To the extent, if any, that Aminpour is or was a shareholder of the Bank and by virtue 

thereof is or may be entitled to a dividend, payment, or other pro~rata distribution upon 

resolution of the receivership of the Bank, Aminpour hereby knowingly assigns to the FDIC any 

and all rights, titles and interest in and to any and all such dividends, payments or other pro rata 

distributions. 

SECTION IV: Representations and Acknowledgements 

A No Admission of Liability, The undersigned Parties each acknowledge and agree 

that the matters set forth in this Agreement constitute the settlement and compromise of disputed 

claims, and that this Agreement is not an admission or evidence of liability by any of them 

regarding any claim. 

B. Execution in Counterpcu1s. This Agreement may be executed in counterparts by 

6 
the Patiies and all such com1terparts when so executed shall together constitute the final 

Agreement, as if one document had been signed by the Parties; and each such counterpart, upon 

execution and delivery, shall be deemed a complete original, binding the Party subscribed 

thereto. 

C. Binding Effect. Each of the undersigned persons represents and warrants that 

they are a Party hereto or are authorized to sign this Agreement on behalf of the respective Party, 

and that they have the full power and authority to bind such Party to each and every provision of 

this Agreement. This Agreement shall be binding upon and inure to the benefit of the 

undersigned Parties and their respective heirs, executors, administrators, representatives, 

successors and assigns. 

D. Qh.qj~c of Law. This Agreement shall be interpreted, construed and enforced 

according to applicable federal law, or in its absence, the laws ofthe State of California. 

E. Entire Agreement and Amendments. This Agreement constitutes the entire 

agreement and understanding between the Parties concerning the matters set forth herein. This 

Agreement may not be amended or modified except by another written instrwnent signed by the 

Patty or Parties to be bound thereby, or by their respective authori:~.ed attorneys or other 

representatives. 

F. Specific Representations Warranties and Discla_itt).~~~- Aminpour expressly 

acknowledges that in determining to settle the claims released here, the FDIC has reasonably and 

justifiably relied upon the accuracy of financial information provided by Aminpour and attached 

hereto as Exhibit C. If, in the attached frnancial infotmation, Aminpour has failed to disclose 

any interest, legal, equitable, or beneficial, in any asset, Aminpour agrees to cooperate fully with 

the FDIC to transfer his interest in the asset to the FDIC and to sign any and all documents 

necessary to transfer his interest in the asset to the FDIC. Moreover, if in the attached financial 

information, Aminpour has failed to disclose any interest, legal, equitable, or beneficial, in any 

asset, the FDIC in its sole discretion, may exercise one or more or all of the following remedies: 

(a) the FDIC may declare the release granted to Aminpour null and void; (b) the FDIC may 

7 
retain the Settlement Funds; and (c) the .FDIC may sue Aminpour for damages, an injunction, 

and specific performance for the breach of this Agreement, or in tort for the FDIC's underlying 

claim. If, in the attached financial information, Aminpour has failed to disclose any interest, 

legal, equitable, or beneficial, in any asset, Aminpour agrees to waive any statute of Jimitations 

that would bar any of the FDIC's claims against him. 

G. Reasonable Cooperation. 

l. The Parties agree to cooperate in good faith to effectuate all the tenns and 

conditions of this Agreement, including doing or causing their agents and attorneys to do, 

whatever is reasonably necessary to effectuate the signing, delivery, execution, filing, recording, 

and entry, of any documents necessary to perform the terms of this Agreement. 

2. Aminpour agrees to cooperate fully with the FDIC in connection with any 

action required under this Agreement. Any such cooperation that involves any out of pocket 

costs is subject to reasonable reimbursement by the FDIC pursuant to its internal guidelines and 

policy for such reimbursement. Such cooperation shall consist of: 

a. producing all documents requested by the FDIC, without the necessity 

of subpoena, as determined by the FDIC, in its sole discretion, to be relevant to the Bank; 

b. making himself available upon request by the FDIC at reasonable times 

and places for interviews regarding facts, as determined by the FDIC in its sole discretion, to be 

relevant to the Bank; 

c. appearing to testify, upon request by the FDIC, in any matter 

determined by the FDIC in its sole discretion, to be related to the Bank, without the necessity of 

subpoena; 

d. signing truthful affidavits upon request by the FDIC, regarding any 

matter, as determined by the .FDIC in its sole discretion, to be relevant to the Bank. 

H. Advice of Counsel. Each Party hereby acknowledges that it has consulted with 

and obtained the advice of counsel prior to executing this Agreement, and that this Agreement 

has been explained to that Party by his or her counsel. 
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed 

by each of them or their duly authorized representatives on the dates hereinafter subscribed. 

Date:(jlJJ 1. o q 

FEDERAL DEPOSIT INSURANCE CORPORATION 

························································sv:l'--- ~-=---······························_······························____,················ _ ___, 

TITLE:~ 

PRINTNAME: Ho~._,_,{J /& .. 

ATAOLLAH AMINPOUR 

(b)(6.) ··································································································································································································8¥·~ ...... ········------~ 

TITLE: 

PRJNT NAME: AT A t> ll A j .. J {; \1'\\n fo \.1\ 6\. 

9 
J!:XHIHJT A 

SECUIUTY AGREEMENT 

THIS SECURITY AGREEMENT ("Security Agreement") dated effective as of 

Jlllle 26, 2013, is made by and between Federal Deposit Insurance Corporation ("Secured Party") 

and Atoallah Aminpour, an individual ("Debtor'\ which patties hereto agree as follows: 

1. Grant of Security Interest. Debtor hereby grants to Secured Party a first priority 

security interest in the Collateral described in Section 2 of this Security Agreement to secure 

performance and payment of: 

1.1 The unpaid principal balance oCCUlTing in the case of a default of the 

Settlement Agreement and all accrued interest owing on that Security Agreement, together with 

all renewals, extensions, rearrangements or enlargements thereof, whether evidenced by any 

other instrument or agreement, modifications and replacements thereof (in whole or in part) 

1.2 The performance of all obligations, liabilities, covenants, and duties of 

Debtor now or hereafter arising under or in connection with this Security Agreement, the 

Settlement Agreement, or any other instrument heretofore, simultaneously or hereafter executed 

in connection with and as security for the Settlement Agreement, or any other indebtedness of 

Debtor to Secured Party (all items in this Section 1 being collectively referred to as the 

"Obligations"). 

2. Collateral. The Co11ateral (the "Collateral") encumbered under the terms of this 

Security Agrec,ent shall be all of Debtor's interest in real property located at I ------l .... .Cb.J(4.),(b) 

(b)(4)){l:>1J _Los Angeles, California 90024. (6) 

(6) 

3. Rights of Debtor and Secured Party. So long as an uncured Event of Default (as 

hereinaficr defined) has not occurred, Debtor shaH be entitled to receive any and all profits, capital 

and income with respect to the Collateral which it is otherwise entitled to receive, and to give 

consents, waivers and ratifications in respect of the Collateral. In the event of an uncured Event of 

Default, all rights of Debtor pursuant to the previo\ls sentence shall cease and Secured Party shall 

have the sole and exclusive right and authority to receive and retain any and all profits, capital and 

income with respect to the Collateral. 

4. Prohibited Transfers. Debtor will not, without the prior written consent of Secured 

Party, sell, lease, contract to sell or lease, transfer or create any encumbrance, purchase money or 

other security interest in, the Collateral or the underlying real estate which is owned by the Debtor 

until the obligations under the Settlement Agreement have been satisfied in fulL 

5. Events of Default. At the option of the Secured Party, all or any part of the 

Obligations shall immediately become due and payable irrespective of any agreed maturity or 

period of grace upon the happening of any of the following events or conditions (each herein 

called an "Event ofDefault"): 

5.1 Default in the pcrf01mance of any non-monetary obligation or covenant 

set forth, directly or indirectly, in this Security Agreement or the Settlement Agreement and the 

1 

108611.00000012900R9.01 
continuation of such default for ten ( 10) days after written notice thereof from Secured Party to 

Debtor; or 

5.2 Failure or refusal of Debtor to perform or observe any of the monetary 

obligations, covenants, terms or provisions contained or referred to in this Security Agreement or 

in the Obligations secured hereby; or 

5.3 Sale other than in the ordinary course or encumbrance to all or any portion 

of the Collateral, except with the prior written consent of the Secured Party, or the making of any 

levy, seizure or attachment thereof or thereon; or 

5.4 The appointment of a receiver of all or any part of the property of Debtor; 

an assignment for the benefit of creditors by Debtor by the calling of a meeting of creditors of 

Debtor; the commencement of any proceeding under any bankmptcy or insolvency laws by or 

against Debtor or any guarantor, surety or endorser for Debtor; or the occurrence of any event of 

default or any event which, with the passage of time or the giving of notice of both, would 

constitute an event of default under any instmment evidencing or secw·ing any indebtedness of 

Debtor (whether payable to Secured Party or to others). 

6. Secured Partv,s Rights and Remcdit:s. 

6.1 Secured Party shall have all the following rights regardless of the 

existence of any Event of Default: 

6.1.1 Secured Party's rights hereundet' or tbe indebtedness secured 

hereby may be assigned from time to time. 

6.1.2 Secured Party shall have no liability with respect to the Collateral. 

6.1.3 Secured Party may act collectively through an appointed agent 

with the same authority as if such agent were a Secured Party hereunder. 

6.2 Secured Party shall have all the following rights upon the occurrence of an 

Event of Default: 

6.2.1 Upon the occurrence of an Event of Default, Secured Party may 

declare all Obligations secured hereby immediately due and payable and shall have the rights and 

remedies of a secured party under the Commercial Code of California, including without 

limitation thereto, the right to sell, at public or private sale or sales, or otherwise dispose of or 

utilize the Collateral and any part or parts thereof in any manner authorized or permitted under 

the Commercial Code after default by a debtor, at such prices and on such tcnns as Secured Party 

may deem Ieasonable under the circumstances. Secured Party shall have the right to take 

possession of all or any part of the Collateral and of all books, records, papers and documents in 

Debtor's possession or control relating to the Collateral which arc not already in Secured Party' 

possession, and for such purpose may enter upon any premises upon which any of the Collateral 

or any security therefor or any of said books, records, papers and documents are situated and 

remove the same therefrom. Expenses of retaking, holding, selling or the like shall include 

Secured Party's attorneys' fees and legal expenses, and Debtor agrees to pay such expenses, plus 

2 

108611.000000/290089.01 
interest thereon at the maximum rate permitted by applicable law from the date such expenses 

are incurred until repaid. 

6.2.2 No delay or omission on the part of Secured Party in exercising 

any right hereunder shall operate as a waiver of any such right or any other right. A waiver on 

any one or more occasions shall not be construed as a bar lo or waiver of any right or remedy on 

any future occasion. The remedies of Secured Party hereunder arc cumulative, and the exercise 

of any one or mot·e of the remedies provided for herein shall not be construed as an election or as 

a waiver of any of the other remedies of Secured Party provided for herein or existing by law or 

otherwise. 

7. Mrm· This Security Agreement shall remain in full force and effect throughout 

the tctm and existence of the Settlement Agreement and until all of the Obligations have been 

fully paid and satisfied. Upon the payment under the terms of the Settlement Agreement in full 

by Debtor, Secured Party will release the security interest and lien created hereunder and will 

release the Collateral to Debtor. 

8. Power of Attorney. Debtor does hereby irrevocably constitute and appoint 

Secured Party its true and lawful attorney with full power of substitution for Debtor and in 

Debtor's name, place and stead, to ask, demand, collect, receive, receipt for, sue for, compound 

and give acquittance for any and all sums or properties which may be or become due, payable or 

distributable on or in respect of the Collateral or which constitute a part thereof, with full power 

to settle, adjust or compromise any claim thereunder or therefor as fully as Debtor could do, and, 

upon the occurrence and during the continuance of an Event of Default, to endorse or sign the 

name of Debtor on all commercial paper given in payment or in part payment thereof and on all 

documents of satisfaction, discharge or receipt required or requested in connection therewith, and 

in Secured Party's discretion, to file any claim or take any other action or proceeding, either in 

the name of Secured Party or in the name of Debtor, or otherwise, which Secured Party may 

deem necessary or appropriate to collect or otherwise realize upon any and all of the Collateral, 

or effect a transfer thereof, or which may be necessary or appropriate to protect and preserve the 

right, title and interest of Secured Pru1y in and to such Collateral and the security intended to be 

afforded hereby. 

9. Miscellaneous Provisions. 

9.1 The execution and delivery of this Security Agreement in no manner shall 

impair or affect any other security (by endorsement ur otherwise) for the payment of the 

Obligations and no security taken hcrcafler as security for payment of the Obligations shall 

impair in any manner or affect this Security Agreement, all such present and future additional 

security to be considered as cumulative security. Any of the Collateral may be released from this 

Security Agreement without altering, varying or diminishing in any way the force, effect, lien, 

security interest, or charge of this Security Agreement as to the Collateral not expressly released, 

and this Security Agreement shall continue as a lien, security interest and charge on all of the 

Collateral not expressly released, until all the Obligations secured hereby have been paid in full. 

Any future assigmnent or attempted assigruncnt of the interest of Debtor in and to any of the 

Collateral shall not deprive Secured Party of the right to sell or otherwise dispose of or utilize all 

of the Collateral as abovt! provided or necessitate the sale or disposition thereof in parcels or in 

severalty. 

3 

108611.000000/l90089.UI 
9.2 If maturity of the Obligations shall he accelerated for any reason, the 

Obligations thereupon shall be credited for the full amount of any interest then unearned which 

has been collected theretofore by Secured Party. 

9.3 Except as otherwise herein provided, with respect to the Obligations and 

this Security Agreement, Debtor hereby waives any requirement that Secured Party first attempt 

to collect the Obligations from any other parties. Until all Obligations shall have been paid in 

full, Debtor shall have no right to subrogation. 

9.4 The prevailing party as to any disputes relating to this Security Agreement 

shall be entitled to recover fi·om the unsuccessful party to this Security Agreement all costs, 

expenses and actual attorneys' fees relating to the enforcement or interpretation of, or any 

litigation or arbitration relating to, this Security Agreement. Any judgment or order entered in 

such action shall contain a specific provision providing for the recovery of attorneys' fees and 

costs incurred in enforcing such judgment. For purposes of this paragraph, attorneys' fees shall 

include, without limitation, fees incurred in the following: (I) post judgment motions; (2) 

contempt proceedings; (3) garnishment, levee, and debtor and third party examinations; (4) 

discovery; and (5) bankruptcy litigation. 

9.5 Any notice or demand to Debtor provided for in this Security Agreement 

shall be given by personal delivery or by mailing such notice by first class or certified mail, 

return receipt requested, addressed to Debtor at the properly address slated herein, or to such 

other address as Debtor may designate by written notice to Secured l)arty. Any notice to Secured 

Party shall be given by personal delivery or by mailing such notice hy first class or certified mail, 

return receipt requested, to Secured Party at the address stated herein, or at such other address as 

may be designated by written notice to Debtor. All notices shall be deemed delivered and 

received three (3) days after deposit and in accordance with this provision in the United States 

maiL 

9.6 All rights of Secured Pa11y hereunder shall inure to the benefit of its 

successors and assigns; and all obligations of Debtor shall bind its successors or assigns. 

9. 7 This Security Agreement shall be governed by the laws of the State of 

California in all respects, including matters of construction, validity, enforcement and 

performance, and may not be amended (nor may any of its terms be waived) except in writing 

duly signed by Secured Party or an authorized officer or agent of Secured Party and Debtor. 

Except as the context may otherwise require, any tenn used herein that is defined in Atticles I, 5 

or 9 of the California Uniform Commercial Code shall have the meaning given therein. 

9.8 This Security Agreement may be executed in any nwnber of counterpat1s, 

each of which shall be deemed an original and all of which together shall constitute one 

document. The facsimile signatures of the parties shall be deemed to constitute original 

signatures, and facsimile copies hereof shall be deemed to constitute duplicate original 

counterparts. 

9.9 This Security Agreement shall terminate when all Obligations of Debtor 

under the tenns of the Settlement Agreement, this Security Agreement, any related financing 

statements and any related agreements have been performed in full and Debtor is not otherwise 

4 

HIR61!.0!l00001290089.01 
in breach or default under the Settlement Agreement, this Security Agreement, any related 

financing statements and any related agreements. 

IN WITNESS WHEREOF, the undersigned have executed this Security Agreement as of 

the date first set forth above. 

DEBTOR: 

(b)(6) sJ.._············_ .. ------~ Atoallah Aminpour 

Dated: C b. C J 1.. o \ S 

r 1 

108611.0000001290089.01 

SECURED PARTY: 

Fedet·al Insurance Deposit Corporation 

~d., ;; .. -~,..IJ :::;,;; I (b)(6) 

Title: Co"~~Li 

Dated: 6/'Z. -'~/I .:I 

5 
Anthony J. Dain (Bar No. 98947) 

2 Frederick K. Taylor (BarNo. 159838) 

Heather A. Cameron (Bar No. 26531 0) 

3 PROCOPIO, CORY, IIARGREA YES 

4 & SA VITCH LLP 

525 B Street, Suite 2200 

5 San Diego, California 921 01 

6 Telephone: (619)238-1900 

Facsimile: (619) 235-0398 

7 

8 

9 

10 

ll 

IN THE UNITED STATES DISTRICT COURT 

.FOR THE CENTRAL DISTRICT OF CALIFORNIA 

12 FEDERAL DEPOSIT INSURANCE 

CORPORATION as Receiver for 

13 MIRAE BANK, FSD, 

14 Plaintiff, 

15 v. 

16 ATOALLAH AMINPOUR, 

CASE NO.: 

STIPULATED JUDGMENT 

17 Deuendant. 11-~------======~----------~ 

18 Plaintiff, the Federal Deposit Insurance Corporation as Receiver for Mirac 

{9 Bank ("FDIC·R"), hereby stipulate to judgment as follows: 

20 I. INTRODUCTION 

21 1. Pursuant to the Settlement Agreement and Mutual Release, dated June 

22 26, 2013, (the "Settlement Agreement"), and in the event of default by Defendant 

23 of his obligations under the Settlement Agreement, Defendant has agreed to pay the 

24 total sum of $6,000,000 to Plaintiff. Pursuant to the Settlement Agreement, 

25 Defendant has further agreed to make monthly payments to Plaintiff to fully satisfy 

26 the amount agreed upon by way of the Settlement Agreement. 

27 2. As set forth in the Settlement Agreement, Defendant shall he deemed 

28 to be in default thereof if any payment is not actually received on the date payment 

STIPULATED JUDGMENT 

DOCS 1088&3·00003411787106.1 
is due. Plaintiff shall be entitled to request and obtain entry of judgment against 

2 Defendant upon ex parte application, within ten (10) days written notice being 

3 given by overnight mail to the following address: 

4 

5 

6 

7 3. 

Atoallah Aminpour 

c/o Adam Braun, Esq. 

1880 Century Park East, Suite 710 

Los Angeles, CA 90067 

No objection may be made by Defendant at the ex parte hearing for 

M entry of judgment, other than objection based on (1) proof that payment has been 

9 timely pursuant to the Settlement Agreement; or (2) Plaintiff's failure to comply 

l 0 with the provision of the Settlement Agreement governing the entry of judgment 

11 4. The amount of any judgment to be entered against Defendant for 

12 default on the tenns of this agreement shall be $6,000,000.00, less any credits for 

13 payment made by Defendant pursuant to the Settlement Agreement. 

14 5. The parties represent that no promise, inducement or agreement not 

15 expressed herein or in the Settlement Agreement has been made, that this 

16 Stipulation and the Settlement Agreement contain the entire agreement between the 

I 7 parties hereto, and that the terms of this Stipulation are contractual and not a mere 

18 recitaL 

19 6. The purpose of this Stipulation is to provide security to Plaintiff for the 

20 payment obligations of Defendant as set forth in the Settlement Agreement. 

21 Nothing herein shall supersede or modify the terms of the Settlement Agreement 

22 and, in the event of a conflict between the terms of this Stipulation and the terms of 

23 the Settlement Agreement, the terms of the Settlement Agreement shall control. 

24 7. The Judgment Pursuant to Stipulation shall not be filed unless 

25 Defendant is in default under the Settlement Agreement. Upon satisfaction by 

26 Defendant of his payment obligations under the Settlement Agreement, this 

27 Stipulation shall be deemed voided. 

28 8. This Stipulation may be executed in one or more separate counterparts. 

2 

STJPULA TED JUDGMENT 

DOCS 108883-000034/1787106.1 
When counterparts have been executed by all of the parties hereto, this Stipulation 

2 shall become effective and the counterparts shall together constitute one document. 

3 Facsimile signatures shaH be deemed original, binding signatures for all purposes 

4 hereunder. 

5 9. Plaintiff and Defendant acknowledge that they have read the foregoing 

6 StipuJation and that they fully understand the foregoing words and terms and their 

7 significance, and they arc authorized to affix their signatures hereto and have done 

8 so voluntarily. 

(b)(S) ...... 9 DATED;Zii.T/2~fj !································································································· 

10 1 7 ~A~to-a~ll~ah~A-m~in_p_o_u_r--------------~ 

11 

12 

13 

14 DATED: June 26, 2013 

15 

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28 

POCS 108883-000034/1787106.1 

PROCOPIO, CORY, HARGREAVES & 

SAVITCHLLP 

HO b)(6) 

eat er ··········· b)(6) 

265310) 

L...-52.,....5_B_S_tr_e-et_S_u .... ife ..... ;2_2.....;oo;;;;;z=·········=··········=····· ____. ··························· b)(S) 

San Diego, California 92101 

Telephone: (619) 238-1900 

Facsimile: (619) 235~0398 

Attorneys for Plaintiff 

3 

STIPULATED JUDGMENT