No. 380-03576~07 

!NDYMAC BAJ~ F.S.B., § 

§ 

Plaintiff1 § 

§ 

v. § 

§ 

DAVID E. HOOG, AARON D. MOLLOY, § 

ADM RELOCATIONS, PAM FORD, AND § 

FORD PROFESSIONAL APPRAJSALS, § 

§ 

§ 

Defendants. § 

lN THE DISTRICT COURT 

380m JUDICIAL DlSTRICT 

COLLIN COUNTY, TEXAS 

SETTLEMENT AGREEMENT AND RELEASE 

This Settlement Agreement and Mutual Release ("Agreement'') is entered into by and 

between the Federal Deposit Insurance Corporation, as receiver for IndyMac Bank, F.S.B. (the 

'PDIC"} and Defendant David E. Hogg ("Hogg~;) (the FDIC and Hogg collectively hereinafter as 

the ''Parties,'). 

RECITALS 

WHEREAS, disputes have arisen among and between the FDlC and Hogg arising out of 

loans made to Hogg totaling $700,000 (the ''Loansn) for the purchase of property located ai 5949 

Orchard Park Drive, Frisco, Texas 75034 (the "Property"); 

WHEREASj the FDIC and Hogg are parties in a la\vsuit styled Indy Mac Bank, F.S.B. v. 

David E. Hogg, Aaron D. Molloy, ADiJ Relocations, Pam For~ and Ford Professional Services, 

Cause No. 380~03 576·07> in the 380th District Court. Collin County) Texas (hereinafter the 

"Lawsuit .. ); 

WHEREAS1 the FDIC assert.q c.!aims against Hogg in the Lavvsuit for fraud and civil 

conspiracy and seeks damages; 

WHEREAS. to avoid the possible costs, burdens and distractions of future litigation, the 

Parties now desire to an~ through the execution of this Agreement, do hereby dispose of and 

resolve fully and completely any and all disputes, claims, issues, and differences among and 

between them as set forth hereinafter; 

NOW) THEREFORE, in consideration of the mutual pr()mises 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 a;; follows; 

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8. Except as to such right~ as may be created under this Settlement Agreement, Hogg and 

his agents, representatives, successors, predecessors, and assigns hereby irrevocably and 

unconditionally RELEASE. ACQUIT, AND FOREVER DISCHARGE the FDIC and its 

past, present and future agents, brokers, employe-es, representatives, officers, dire<..1ors, 

parents, subsidiaries, sister companies, successors, predecessors. affiliates, assigns, and 

attorneys from and against any 'and all claims inc.luding, but not limited to, all claims 

whatsoever related to or arising from, directly or indirectly, the Lawsuit 

9. After all payments above have been made, Hogg may submit a draft release agreement to 

the FDIC at the address in paragraph 10. The FDIC shall execute and deliver a release to 

Hogg within 30 days after receipt of the draft release from Hogg. If the release is not 

given vlithin 30 days after the dr'.aft release is sent to the FDIC. thetl Hogg may file suit to 

compel a release. 

10. All communications with the FDIC regarding this matter shall reference the case name 

and number above and be sent to: 

Mortgage Recovery Law Group 

Attention: Paul A. Levin 

700 North Brand Boulevard} Suite 830 

Glendale, CA 91203 

11. All communications with Hogg shall be sent to: 

Gil L Daley, II 

The Law Office of Gil L. Daley. II, P .C. 

209 West 2'1rl Street !HOi 

Fort Worth, TX 76102 

12. It is the responsibility of each party to notify opposing party of any change of address. 

13. Each Party agrees to be solely responsible for the payment of their respective attorney's 

fees) court costs> expert witness fees, court reporter~s fees, and aU other expenses 

incurred on said party's behalf as a result of or in connection with the Lawsuit and/or this 

Agl·eement. 

14. This Agreement shall be governed by. construed and enfo.rced i.n accordance with the 

laws of the State of Texas in all respects, including matters of construction, validity, 

enforcement and jnterpretation. The Parties agree that this Agreement is performable in 

Dallas County, Texas and ven·ue shall lie in Dallas County. TeMas v.<ith respect to any 

matter of dispute relating to this Agreement. 

15. Thi~ Agreement may be executed in a number of identical counterparts, each of \vhich 

shall constitute collectively one agreement; but in making proof of thls Agreement it shall 

not be necessary to produce or account for more than one such cotm~erpart containing the 

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signature of the Party or Parties against whom enforcement is sought This Agreement 

may be executed with facsimile signatl.\res. 

16. The Parties represent and warrant: (a) Titey have the full power, authority, and capacity 

to execute, deliver and perform all of the obligations set forth in and arising from this 

Agreement; (b} That they have no awareness of the existence of any actual or potential 

claim, demand, suit, cause of action, charge or grievance possessed by them. which is not 

subje.ct to and fully released by this Agreement, except for matters as may be expressly 

excluded in this Agreement, that concerns or relates in any way, directly or indirectly, to 

the Lawsuit or the Property; (c) That they have not assigned or otherwise transferred to 

any other person or entity any interest in any claim, account, motion, demand, action 

and/or cause of action they have~ or may have, or may claim to have gain.~t the persons 

nnd entities released herein; (d) That this Agreement constitutes the entire valid and 

binding obligations and agreements of the Parties with regard to the matters covered 

therein; (e) TI1at in executing this Agreement, they have not received or relied upon any 

oral or written representation of any other Party or person (except for the warranties, 

representations, covenants, tenns and conditions contained in \.vritin,g in this Agreement 

regarding any fact, circumstance, condition, legal effect, promise of future action or any 

other consideration; (f) That the consideration given in connection with this Agreement 

constitutes adequate consideration for each and every term of this Agreement; (g) That 

they have retained independent counsel and received legal advice from such counsel with 

respect to this Agreement and the advisability of making this settlement; and that they 

fully understand the terms of this Agreement and the consequences thereof~ and have 

entered into this Agreement of their own free will and accord without any threat or 

duress. 

17. By execution of thi.s Agreement, the Parties do not admit th.e truthfulness of any of the 

claims or allegations made against them by any opposing Party, and the execution of this 

Agreement shall not constitute nor ever be otfered by any Party as an admission of any 

fact or allegation asserted in any la'i\'Suit or legal proceeding. 

18. This Agreement embodies the c.omplete agreement between the Parties, nullifies any 

prior agreement concerning the subject matter hereof, and cannot be varied or terminated 

except by the written consent of the Pruties. 

IN WITNESS WHEREOF, the Parties and undersigned hereto, intending to be legally 

bound, have consented to and executed this Settlement Agreement on the dates set fotih below. 

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Federal Deposit Insurance Corporation 

- ------------..By: J L r-------------------_j 

Printed Name: Jock. S. Duncan 

Title; un e~l ------------

Date: _:Nov. 16.2009 

STATE OF CALrFORNIA § 

§ 

COUN!Y OF ORANGE § 

Before me, the undersigned authority. on this day personalf;t appeared ~ s. ruNC.f\l'} 

of Federal Deposit Insurance Corporation, known to me to be ·the person whose name is 

subscribed to the foregoing agreement. and after being duly sworn) acknowledged to me that s!he 

has eKecuted the same for the purposes and consideration therein expressed and in the capacity 

therein stated. 

Given .under my hand and sea! of office on )::1\)\J'f\'{\ ~~ 'Io , 2009 . . 

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N'o\ary Public, 'In and ?J the State of 

Califomia 

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STATE OF T&"'<AS 

COUNTY OF DALLAS 

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David E. Hoggl 

§ 

§ 

§ 

Date: Ji{,v e ~herBefore me, the tmdersigned authority, on this day personally appeared David E. Hogg. 

kno~n to me to be the person whose name is subscribed to the foregojng agreement, and after 

being duly sworn, acknowledged to me that be has execuied the same for the purpos-~ and 

consideration therein expres!!ed and in the capacity therein stated. 

Given w1d.er rny hand and seal of office on . Nb)Jtt'll ~~/ {, , 2009. 

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