“Defendant Releasees”) from any and all past, present or future claims, demands,
damages, expenses, obligations, actions, causes of action, rights, liens, subrogation
interests, and compensation of any nature whatsoever, whether based on tort, contract,
statute, or other theory of recovery, which the Defendant now has, or which may hereafter
accrue or otherwise be acquired, on account of, or in any way growing out of, or which are
the subject of the Litigation. The term “Defendant Releasor” includes, but is not limited to,
John Passero, Sr.
3. PAYMENT

In consideration of the Release set forth above, it is agreed that General Star
Management Corporation, on behalf of Defendant, JOHN PASSERO, SR., shall cause
to be made a cash payment in the total amount of Sixty Thousand and No/100 Dollars
($60,000.00) made payable to the FDIC as receiver for IndyMac Bank.
4. ATTORNEY'S FEES

Each Party hereto shail bear all attorney's fees arising from the actions of its own
counsel in connection with the Litigation, this Settlement Agreement and the matters and
documents referred to herein, and all related matters.

5. WARRANTY OF CAPACITY TO EXECUTE AGREEMENT

Claimant represents and warrants that no other person or entify has any interest in
the claims, demands, obligations or causes of action referred to in this Settlement
Agreement, except as otherwise set forth herein; and that the Claimant has the sole right
and exclusive authority to execute this Settlement Agreement and receive the sums
specified in it, and that Claimant has not sold, assigned, transferred, conveyed or

otherwise disposed of any of the claims, demands, obligations, or causes of action


CAUTION: READ THIS BEFORE SIGNING

(b)(6)
Arel “Duncan » S8rsuc A torn oy
Federal Deposit Insurance Corporation ds
Receiver for IndyMac Federal Bank, FSB and
as Conservator for IndyMac Bank, FSB

THE STATE OF CAUFORNIA  §

§

COUNTY OF ORANGE §
Before me, the undersigned authority, on this day personally appeared
Jock DYNCAN . CENio& Mrotney of Federal Deposit

(b)(6)

Insurance Corporation as Receiver for IndyMac Federal Bank, FSB and as Conservator
for IndyMac Bank, FSB, known to me to be the person whose name is subscribed to the
foregoing document and, after having been duly sworn, stated on his/her oath that he/she
has read the foregoing document and acknowledged to me that he/she executed same in
the capacity therein stated and for the purposes and consideration therein expressed.

Subscribed and sworn to before me this iV day of AYQudT __, 2009.

Notary Public in ahd for th6Btate of SAUPoRNIA
RRAANA 1. RAMRMYAN

My commission expires: SANYARY \le, Bay

FOV

ARIANA L. RAMBUYAN
Commission # 1717493
i Saas Notory Public - California i

7/108 Angries County 7
Corren SOS, 2037


1.4 Releasors acknowledge and agree that the release and discharge set forth
above is a general release. Releasors expressly waive and assume the risk of any and
all claims for damages which exist as of this date related to the Litigation, but of which the
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence, or otherwise, and which, if known, would materially affect Releasors’
decisions to enter into this Settlement Agreement. The Releasors further agree that
Releasors have accepted payment of the sums specified herein as a complete
compromise of matters involving disputed issues of law and fact related to the Litigation.
Releasors assume the risk that the facts or law may be other than Releasors believe. Itis
understood and agreed to by the Parties that this Settlement Agreement is a compromise
of a doubtful and disputed claim, and the payment is not to be construed as an admission
of liability on the part of Defendant, by whom liability is expressly denied.

2. DEFENDANT'S RELEASE AND DISCHARGE

2.4 in consideration of the release and dismissal of Claimant's claims herein,
Defendant for himself, his predecessors, successors, assigns, agents, representatives,
beneficiaries, employees, associates, affiliates, partners, partnerships, limited
partnerships, limited fiability partnerships, corporations, professional corporations,
companies, limited liability companies, firms, entities, insurers, and/or attorneys
(hereinafter collectively referred to as “Defendant Releasor”) hereby completely releases
and forever discharges IndyMac Bank, FSB, IndyMac Federal Bank, FSB, Federal
Deposit Insurance Corporation as Receiver for IndyMac Federal Bank, FSB and as
Conservator for IndyMac Bank, FSB, and their agents, officers, shareholders, directors,

representatives, insurers, and employees (hereinafter collectively referred to as


referred to in this Settlement Agreement.

6. ENTIRE AGREEMENT AND SUCCESSORS IN INTEREST

This Settlement Agreement contains the entire agreement between the Parties
with regard to the matters set forth herein and shall be binding upon and enure to the
benefit of the executors, administrators, personal representatives, heirs, successors and
assigns of each.

7. REPRESENTATION OF COMPREHENSION OF DOCUMENT

In entering into this Settlement Agreement, Claimant represents that it has
completely read the terms of this Settlement Agreement, that it has been fully explained
to them by their attorneys, and that all terms of this Agreement are fully understood and
voluntarily accepted by it.

8. GOVERNING LAW

This Settlement Agreement shall be construed and interpreted in accordance with
the laws of the State of Texas.

9. ADDITIONAL DOCUMENTS

9.14 All the Parties agree to cooperate fully and execute any and ail
supplementary documents and to take all additional actions that may be necessary or
appropriate to give full force and effect of the basic terms and intent of this Setilement
Agreement.

92 None of the Parties released have made any representations concerning,
nor shall they be responsible in any manner for, the income tax consequences ta the
Claimant by reason of the Claimant's execution of this Settlement Agreement, or any

payment made pursuant to this Settlement Agreement.


JOHN PASSERO, SR.

Jol Passero, Sr.
Date: fog u LBS, 22004

STATE OF TEXAS §

§
COUNTY OF Men¥nmeay §

Before me, the undersigned authority, on this day personally appeared John Passero,
Sr. known to me to be the person whose name is subscribed to the foregoing
instrument through a current identification card issued by the federal government or any
state government that contains the photograph and signature of the acknowledging
person, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.

Given under my hand and seal of office this_G¢S _ day of Ausy F___. 2009.

NOPARY PUBLIC ee OF TEXAS =

“JAMES UL PINE te
Printed Name of Notary Public

My commission expires: OS “(9 -Zer 2



CAUSE NO. 2007-47757

FEDERAL DEPOSIT INSURANCE IN THE DISTRICT COURT OF
CORPORATION AS CONSERVATOR

FOR INDYMAC BANK, FSB

vs. HARRIS COUNTY, TEXAS
AMERITRUST TITLE COMPANY;

CHARLENE HARMON; KEISHA M. SMITH;
SHOULANDA NASH; K&D PROPERTY
MANAGEMENT; FAST HOMES &

FAST LOANS, LLC; VICK] NELSEN: AND
JOHN PASSERO, SR.

SPP LOD PAY UA I GO RD

127TH JUDICIAL DISTRICT

SETTLEMENT AGREEMENT AND RELEASE

THIS SETTLEMENT AGREEMENT AND RELEASE (‘Settlement Agreement’) is
entered into on its date of execution by:
“Claimant”. FEDERAL DEPOSIT INSURANCE CORPORATION AS
RECEIVER FOR INDYMAC FEDERAL BANK, FSB AND AS
CONSERVATOR FOR INDYMAC BANK, FSB

“Defendant”: JOHN PASSERO, SR.

RECITALS

A. Claimant and Defendant (Claimant and Defendant are hereafter referred fo
singularly as “Party” or collectively as the "Parties") have agreed to a settlement of the
claims and causes of action asserted, or that could have been asserted against
Defendant, in the above-entitled and numbered cause (‘the Litigation’).

B. This Settlement Agreement is in full settlement and discharge of all matters
asserted in or related to the Litigation, and all unasserted but potential matters of
controversy that could have been brought in the Litigation by Claimant against Defendant.

c. Claimant and Defendant desire to enter into this Settlement Agreement in

1


10. EFFECTIVENESS

This Settlement Agreement shall become effective following execution by the

Parties herein.

Executed this day of , 2009.



order to provide for the agreed-upon payment in full settlement and discharge of all
claims by Claimant against Defendant which are, or might have been, the subject of the
Litigation, upon the terms and conditions set forth herein.

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

AGREEMENT

1. PLAINTIFF'S RELEASE AND DISCHARGE

1.1 In consideration of the payment called for herein, the Claimant for
itself, His predecessors, successors, assigns, agents, representatives,
beneficiaries, employees, associates, affiliates, partners, partnerships, limited
partnerships, limited liability partnerships, corporations, professional corporations,
companies, limited liability companies, firms, entities, insurers, and/or attorneys
(hereinafter collectively referred to as "Releasors”) hereby completely releases and
forever discharges Defendant, JOHN PASSERO, SR., and his agents, officers,
shareholders, directors, representatives, insurers, employees, and General Star
Management Company (hereinafter collectively referred to as “Releasees*) from
any and all past, present or future claims, demands, damages, expenses,
obligations, actions, causes of action, rights, liens, subrogation interests, and
compensation of any nature whatsoever, whether based on tort, coniract, statute,
or other theory of recovery, which Claimant now has, or which may hereafter

accrue or otherwise be acquired, on account of, or in any way growing out of, or

-2-


which is the subject of the Litigation. By this Settlement Agreement, Claimant does
not release, and expressly preserves fully and to the same extent as if the
Settlement Agreement had not been executed, any claims or causes of action that
do not arise from or relate to the Litigation. The term “Releasor’ includes, but is not
limited to, the FEDERAL DEPOSIT INSURANCE CORPORATION AS
RECEIVER FOR INDYMAC FEDERAL BANK, FSB AND AS CONSERVATOR

FOR INDYMAC BANK, FSB.

1.2 In further consideration of the payment called for herein Releasors agree
not to communicate, make, fle or submit any derogatory information regarding
Defendant to any cooperative risk-management database service regarding appraisers
including, but not limited to, the Mortgage Asset Research Institute, the Mortgage
industry Data Exchange or any other federal, public or private database contributed to
and/or shared by Mortgage Asset Research Institute subscribers.

1.3 Claimant, Defendant and their attorneys agree that they shail not reveal to
anyone, unless compelled to do so by a court of competent jurisdiction or as may be
mutually agreed to in writing, any of the terms of this Settlement Agreement, or any of the
amounts, parties, numbers or terms and conditions of any sums payable to Claimant.
Claimant and Defendant may disclose that they have settled their claim, but may not
disclose the terms of the Settlement Agreement. This confidentiality provisions does not
prohibit the Claimant from complying with its mandatory reporting requirernents.
Accordingly, Claimant is expressly permitted to make such disclosures as required
pursuant to applicable law, including, but not limited to the Financial Institutions Reform

Recovery and Enforcement Act of 1989.