10. No Other Agreements. It is understood and agreed that this Agreement
contains the entire agreement between FDIC and Lawyers Title and supersedes any and
all prior agreements, arrangements, or understandings between them. This Agreement
cannot be changed or terminated orally. All representations and promises made by any
Party to another, whether in writing or orally, are understood by FDIC and Lawyers Title
to be merged inte this Agreement.

IN WITNESS WHEREOF, the Parties have executed this Agreement on the date

acknowledged below.

SETTLEMENT AGREEMENT — Page 5


of any of the claims, demands, obligations, or causes of action referred to in this

Agreement.

5. Careful Review _and_ Understanding of Agreement. Each Party

represents that it has carefully read this Agreement and understand its terms and
conditions, and that it has had ample opportunity to consult with legal counsel of its
choice and has not relied on any representations or statements of the other Party or the
other Party’s counsel.

6, Binding Effect. It is understood and agreed that this Agreement shall be
binding upon and inure to the benefit of FDIC and Lawyers Title, their legal
representatives, attorneys, agents, and assigns except as otherwise set forth herein.

7 No Admission. It is fully understood by FDIC that this Agreement
constitutes a settlement of disputed claims in order to avoid litigation and expense, and
that nothing herein shall constitute or imply an admission of liability of any kind or
character by Lawyers Title, which liability is expressly denied.

8, Severability. If any portion of this Agreement is held by a court of
competent jurisdiction to conflict with any federal, state, or local law, and, as a result,
such portion is declared to be invalid and of no force and effect in such jurisdiction, all
remaining provisions of this Agreement shall otherwise remain in full force and effect
and be construed as if such invalid portion had not been included herein,

9, Choice of Law. The Parties agree that this Agreement shall be construed

and enforced under the laws of the State of Texas.

SETLLEMENT AGREEMENT ~ Page 4


LAWYERS TITLE INSURANCE
CORPORATION

(by(6)

Its: (aims Cinel + fessstaa:
Vite Mest

sTaTE or florida,

county or Duval

Gt COR oe

BEFORE ME, the undersigned Notary Public, on this day personally appeared
Lite by Shell, band " its Asst. ve , known to me to be the
person whose nameds subscritled to the foregoing instrument, and acknowledged to me

that he/she executed the same for the purposes and consideration therein expressed and in
the capacity therein stated.

Mu
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 0” day of

He) gible 2007.

Nota a lic, State of FC
i Katherme olf

Printed’Name of Notary

INE A, BILTZ

ion # OD 885704
bed day 2013

SETTLEMENT AGREEMENT ~ Page 7


(b}(6)

(b)(6)

SETTLEMENT AGREEMENT

This Settlement Agreement (the “Agreement”) is entered into by and between
Federal Deposit Insurance Corporation, as Receiver for IndyMac Federal Bank, FSB
(FDIC”) and Lawyers Title Insurance Corporation (“Lawyers Title”) (each a “Party;”
collectively, the “Parties”) effective as of the date all Parties have executed the

Agreement.

WHEREAS, IndyMac Bank, F.S.B. (“IndyMac”) filed an action in the 269th
Judicial District Court, Cause No. 2008-21777; IndyMac Bank, FSB v. The Atierstrom
Consulting Group, Inc, d/ofa LMI Funding, Inc., Lawyers Title Insurance Corporation, et
al (the “Lawsuit”); and

WHEREAS, IndyMac asserted claims, which were continued by FDIC, against

Lawyers Title, and others, in the Lawsuit arising out of first and second mortgage loans

made-to} te finance the purchase of

Houston, Texas and to Khalil Haddad to finance the purchase of Allen.

Parkway, Houston, Texas (collectively, the “Loans”); and
WHEREAS, IndyMac and FDIC alleged that the Loans were part of a mortgage
fraud scheme involving Greater Texas Title Company, Khalil Haddad, and Travis

Starkey in which IndyMac was induced to purchase or otherwise fund fraudulent

mortgage loans secured by properties in the condominium complexes located at

Street, Houston, Texas-and Houston, Texas (the “Scheme”); and

SETTLEMENT AGREEMENT ~ Page 1

(b}(6)

(b}(6)

(b}(6)


(b)(6)

(b)(6)

FEDERAL DEPOSIT INSURANCE
CORPORATION AS RECEIVER FOR
INDYMAC FEDERAL BANK, FSB

By: |. Date: st @/4 lo

v doz bk a D MIS,
(Printed Name)

ACKNOWLEDGMENT

County of ORANGE. aa

On DECEMBER 3,2u4 before me, ARIANA L: RA BuyaN , a Notary Public,
personally appeared Jock START OVNCAN . who proved to me on the basis of
satisfactory evidence to be the person{s) whose names) is/ayé subscribed to the within instrument and
acknowledged to me that he/sl@Apéy executed the same in his/tyet/heir authorized capacity(ied), and that
by his/pér/th€ir signature(y) on the instrument the person(s, or the entity upon behalf of which the
persongy) acted, executed the instrument.

l certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is
true and correct.

WITNESS my hand and official seal.

ARIANA L. RAMBUYAN

7 - so. TI Commission # 1717493
Notary Public, State of CAQTV RNA Notary Public - Calltomia §

i te za
Saaz Los Angeles County =
Aman: BambayaN J SE acor bees Jort4,2011§
(Printed Name)
My Commission Expires: 1/\@/20N

SETTLEMENT AGREEMENT - Pageé


(by)

WHEREAS, IndyMac acquired an interest in the Loans from LMI Funding, Inc
and HCI Mortgage (“Originators”) and then sold them to certain investors in the
secondary market (“Investors”); and

WHEREAS, Lawyers Title denied the allegations made against it in the Lawsuit;
and

WHEREAS, FDIC and Lawyers Title, in order to avoid the expense,
inconvenience, and uncertainties of litigation, and without the admission of liability on
the part of either Party, the same being expressly denied, desire to settle and resolve
certain claims that are the subject of or could have been asserted in the Lawsuit.

NOW, THEREFORE, in consideration of the promises and covenants set forth
herein, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged and confessed, it is hereby AGREED as follows:

1, Payment. Lawyers Title shall pay to FDIC the total sum of FIFTY
THOUSAND and NO/100 DOLLARS ($50,000.00) (the “Settlement Amount”). As

requested by FDIC, the payment shall each be made by check payable to “RJ Landau

Parmers PLLC, as Attorneys for Federal Deposit Insurance Corporation,” Tax LD. #

The Settlement Amount is accepted by FDIC in full settlement of all claims

regarding the Loans. Lawyers Title shall deliver the Settlement Check to FDIC in care of
its attorney, Richard Landau, RJ Landau Partners PLLC, 5340 Plymouth Road, Suite 200,
Ann Arbor, Michigan 48105,

2 Release by FDIC. FDIC, for IndyMac, itself, its legal representatives,

attormeys, agents, successors, and assigns, RELEASES, ACQUITS, AND FOREVER

SETTLEMENT AGREEMENT - Page 2

(by(4)


DISCHARGES Lawyers Title, and its past and Present parent companies, subsidiaries,
affiliates, predecessors, successors, reinsurers, shareholders, officers, directors,
employees, agents, Tepresentatives, attorneys, consultants, and assigns from any and all
claims, rights, demands, debts, liabilities, controversies, or causes of action, known or
unknown, asserted or unasserted, liquidated or unliquidated, fixed or contingent, of any
nature whatsoever arising out of ot relating to (1) the Loans; (2) any closing protection
letters or mortgagee policies of title insurance issued in connection with the Loans; QB)
any asserted or unasserted claims or causes of action in the Lawsuit pertaining to the
Loans, including, but not limited to, claims in contract or in tort, under statutory or
common law, for actual, multiple, or punitive damages, interest, attomeys’ fees, or court
costs; (4) the Scheme; and (5) any act, transaction, or occurrence prior to the date of this
Agreement pertaining to the Loans,

3. Dismissal. FDIC, through counsel, shall dismiss its claims against

Lawyers Title in the Lawsuit with prejudice with each Party to bear its own costs and
attomeys’ fees.

4, Warranty of Capacity to Execute Agreement. FDIC represents and
warrants that no other person or entity, including the Originators and Investors, has an
ownership interest in the claims, demands, obligations or causes of action released in this
Agreement, that FDIC has the sole tight and exclusive authority to release all claims in
connection with the Loans and to execute this Agreement and receive the sums specified

in it, and that FDIC has not sold, assigned, transferred, conveyed or otherwise disposed

SETTLEMENT. AGREEMENT - Page 3