SETTLEMENT AND RELEASE AGREEMENT 

This Settlement and Release Agreement ("Agreement") is made as of this_ day of June, 

2012, by, between, and among the following undersigned parties: 

The Plaintiff Federal Deposit Insurance Corporation, as receiver of Washington Mutual 

Bank, ("FDIC-Receiver"), Defendants EricK. Fisher, GT Investments, LLC, KMG Rentals, 

LLC, Kgatale S. Malatse, Metro Real Estate, and S.J.S. Partnership (collectively the "Settling 

Defendants"). Individually, the FDIC-Receiver and each Settling Defendant may be referred to 

herein as "Party" and collectively as the "Parties"). 

RECITALS 

WHEREAS: 

• 

At all relevant times prior to September 25, 2008, Washington Mutual Bank (' 1the Bank11 ) 

was a depository institution organized and existing under the laws of the state ofNevada; 

On September 23, 2008, the Bank asserted claims against certain persons, including the 

Settling Defendants, for negligence, fraud, and breach of contract, among others. Those claims 

for damages are now pending in the Allen County Circuit Court under Cause Number 02CO 1-

0809-PL-124, ("Action"). 

On September 25, 2008, the Bank was closed by the Office of Thrift Supervision 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-Receiver succeeded to all rights, titles, powers and privileges ofthe 

Bank, including those with respect to the Action. On February 2, 2010, the FDIC-Receiver was 

substituted as proper party for the Banlc in the Action. 

The Settling Defendants have denied liability for the FDIC-Receiver's claims. However, 

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

uncertainty, trouble, and expense of further litigation. 
NOW, THEREFORE, in consideration of the promises, undertakings, payments, and 

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

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

SECTION I: Payment to FDIC-Receiver 

A. As an essential covenant and condition to this Agreement, the Settling 

Defendants, collectively, agree to pay the FDIC-Receiver the sum of $15,000.00 ("the Settlement 

Funds"). 

B. Within 20 days after the execution of an original, or originals in counterpart, of 

this Agreement by each of the undersigned Parties to this Agreement, the Settlement Funds shall 

be delivered to counsel for the FDIC-Receiver by certified or cashier's check(s) drawn upon a 

depository institution acceptable to FDIC-Receiver. 

SECTION II: Stipulation and Dismissal 

Upon execution of this Agreement by each ofthe undersigned Patiies, and receipt ofthe 

Settlement Funds, the FDIC-Receiver shall dismiss the Action as to the Settling Defendants. The 

undersigned parties agree to enter a stipulation providing that the dismissal set forth above shall 

be with prejudice, with each party to bear its own costs as these were originally incurred. 

SECTION III: Releases 

A. Release oflndividual Settling Defendants by FDIC-Receiver. 

Effective upon receipt in full of the settlement funds and the dismissal described in 

SECTION(S) I and II above, and except as provided in PARAGRAPH III.C., the FDICReceiver, for itself and its successors and assigns, hereby releases and discharges each of the 

Settling Defendants and their respective 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-Receiver, that arise 

from or relate to the allegations made in the Action, including without limitation the mortgage 

loans at issue in the Action. 

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B. Release ofFDIC-Receiver by the Settling Defendants. 

Effective simultaneously with the release granted in PARAGRAPH III.A. above, the 

Settling Defendants, on behalf of themselves individually, and their respective heirs, executors, 

administrators, agents, representatives, successors and assigns, hereby release and discharge 

FDIC-Receiver, 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, to the allegations made in the Action, 

including without limitation the mortgage loans at issue in the Action. 

C. Express Reservations From Releases by FDIC-Receiver. 

1. Notwithstanding any other provision, by this Agreement, the FDICReceiver 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 any person or entity not expressly released in this 

Agreement; and 

b. which are not expressly released in Paragraphs III.A above. 

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-Receiver 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 that may arise by operation of law, 

rule or regulation. 

3. Notwithstanding any other provision, this Agreement does not purport to 

waive, or intend to waive, any claims which could be brought by any other agency or 

instrumentality of the United States government including the Department of Justice or the 

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United States Attorney's Office for the Northern District of Indiana or any other federal judicial 

district. In addition, the FDIC-Receiver specifically reserves the right to seek court ordered 

restitution pursuant to the relevant provisions ofthe Victim and Witness Protection Act, 18 

U.S.C. §3663, et seq., if appropriate. 

SECTION V: Representations and Acknowledgments 

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 Counterparts. This Agreement may be executed in counterparts by 

one or more of the parties named herein and all such counterparts when so executed shall 

together constitute the final Agreement, as if one document had been signed by all parties hereto; 

and each such counterpart, upon execution and delivery, shall be deemed a complete original, 

binding the party or parties subscribed thereto upon the execution by all parties to this 

Agreement. 

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 pmiy 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. Choice of Law. This Agreement shall be interpreted, construed and enforced 

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

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

agreement and understanding between and among the undersigned parties concerning the matters 

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set forth herein. This Agreement may not be amended or modified except by another written 

instrument signed by the party or parties to be bound thereby, or by their respective authorized 

attomey(s) or other representative(s). 

G. Reasonable Cooperation. 

1. The undersigned patiies agree to cooperate in good faith to effectuate all 

the terms 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 conclude the Action and to otherwise 

perform the terms of this Agreement. 

2. Further, the Settling Defendants agree to cooperate fully with the FDICReceiver in connection with the Action. Any such cooperation that involves any out of pocket 

costs is subject to reasonable reimbursement by the FDIC-Receiver pursuant to its internal 

guidelines and policy for such reimbursement. 

H. Advice of Counsel. Each party 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: __ _ 

FEDERAL DEPOSIT INSURANCE CORPORATION as 

Receiver for Washington Mutual Bank 

BY: ____________ _ 

TITLE: __________ _ 

5 
Date: 

Date: __ 

Date: 

Date: 

Date: 

Date: 

TITLE: -VlQ.w 

PRINT NAME: c9-BoP?-v~OKuV4v-V\ 

ERIC K. FISHER 

PRINT NAME:. __________ _ 

KMG RENTALS, LLC 

BY: --------------------

TITLE: ______________ __ 

PRINTED NAME:. _________ __ 

KGATALE S. MALATSE 

PRINTED NAME _________ _ 

METRO REAL ESTATE, INC. 

BY: _______________ _ 

TITLE: ---------------

PRINTED NAME: ------------

S.J.S. PARTNERSHIP 

BY: --------------------

TITLE: -------------------

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Date: 

Date: 

Date: 

Date: __ 

Date: 

Date: 

PRINT NAME: __________ _ 

GT JNVESTMENTS, LLC 

BY: -------------------

TITLE: ______________ _ 

PRINT NAME:~===----=-------

:GREN1~LC 

TITLE: JMtvA-~tV 

PRINTED NAME: /Ccv.'VI G-cvh4"5 

KGATALE S. MALATSE 

PRINTED NAME. _________ _ 

METRO REAL ESTATE, INC. 

BY: ________________ _ 

TITLE: _____________ _ 

PRINTED NAME: _________ _ 

S.J.S. PARTNERSHIP 

BY: -----------------

TITLE: _____________ _ 
PRINT NAME:. __________ _ 

Date: GT INVESTMENTS, LLC 

BY: ________ _ 

TITLE:. ________ _ 

PRINT NAME:. ________ __ 

Date: ERIC K. FISHER 

PRINT NAME: ____________ __ 

Date: KMG RENTALS, LLC 

BY: ______________ _ 

TITLE:. ____________ _ 

PRINTED NAME:. _________ _ 

Date: ~h~/1 "2---. KGATALE S. MALATSE 

/:-lilA 

Date: METRO REAL ESTATE, INC. 

BY: ______________ _ 

TITLE: ____________ _ 

PRINTED NAME: ______________ _ 

Date: S.J.S. PARTNERSHIP 

BY:. ______________ _ 

TITLE:. ____________ _ 

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Date: 

Date: __ 

Date: 

Date: 

Date:_L2 7 ~ / 2_ 

Date: 

PRINT NAME:. ____ , ______ _ 

GT INVESTMENTS, LLC 

BY: _________ _ 

TITLE: ________ _ 

PRINT NAME: _______ _ 

ERICK. FISHER 

PRINT NAME:. _________ _ 

KMG RENTALS, LLC 

BY: ---------------------

TITLE: _______________ ___ 

PRINTED NAME: _________ _ 

KGA TALE S. MALATSE 

PRINTED NAME. ________ ~---

BY. MEgS~ : .____ 

TITLE: ~ .: 

PRlNTED NAME: /J~/6'\ s: c ~fC 1/ 

S.J.S. PARTNERSHIP 

BY: -----------------

TITLE: _____________ ___ 

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Date: 

Date: __ 

Date: 

Date: 

Date: 

Date: 

PRINT NAME: __________ _ 

GT INVESTMENTS, LLC 

BY: _________ _ 

TITLE: ________ _ 

PRINT NAME: ________ _ 

ERIC K. FISHER 

PRINT NAME: __________ _ 

KMG RENTALS, LLC 

BY: _______________ __ 

TITLE: _____________ _ 

PRINTED NAME: -----------

KGATALE S. MALATSE 

PRINTED NAME -----------

METRO REAL ESTATE, INC. 

BY: _______________ __ 

TITLE: _____________ _ 

PRINTED NAME:. _________ __ 

S.J.S. PART.NERSH.:,~{t/ :?1 (/ !l 

/ ·- · :4 vL~ G.....__ BY: _ / -

J0HN 0 SCHEELE 

TITLE: General Partner 

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