Page 5

SETTLEMENT AGREEMENT

Page 3 of 8

4.2 No Admission. It is agreed that no Party hereto admits liability or
wrongdoing of any nature, and that this Settlement Agreement and Stipulation for Entry
of Judgment is made as a compromise of disputed claims.

43 Fair Meaning. The Parties hereto further agree that the language of all
parts of this Settlement Agreement and Stipulation for Entry of Judgment shall in all
cases be construed as a whole, according to its fair meaning, and not strictly for or against
any of the Parties.

4.4  Geverning Law. ‘The Parties agree to submit to the Courts of the City
and County of Orange, California, for any dispute arising out of this Settlement
Agreement and Stipulation for Entry of Judgment, or related thereto, and consent ta the
jurisdiction of said Courts and further agree that any and all matters of dispute shall be
adjudicated, governed and controlled under California law.

45 Attorneys Fees and Costs. Should any action be commenced to enforce,
interpret, or seek damages, injunctive relief, or specific performance for violation of this
Settlement Agreement and Stipulation for Entry of Judgment, the prevailing party shall,
in addition to any other available relief, be entitled to an award of reasonable attorney's
fees and litigation expenses incurred in the prosecution or defense of the action, including
any appeal.

46 Severability. The Parties hereto agree that if any provision of this
Settlement Agreement or Stipulation for Entry of Judgment is declared by any court to be
illegal or invalid, the validity of the remaining parts, terms or provisions shail not be
affected thereby, and such illegal or invalid part, term ot provision shall be deemed not to
be part of this Settlement Agreement or Stipulation for Entry of Judgment.

4,7 Binding Effect. This Settlement Agreement and Stipulation for Entry of
Judgment shall be binding upon and inure to the benefit of the Parties and their respective
heirs, personal representatives, successors, and assigns.

4.8 Review and Understanding. The Parties have entered into this
Settlement Agreement and Stipulation for Entry of Judgment voluntarily, having fully
read and fully understood the meaning and effect of all of its terms and provisions, and
fully understanding its and their costs and risks. Each of the Parties has consulted with
legal counsel concerning this Settlement Agreement and Stipulation for Entry of
Judgment and has conducted such inquiry as they deem necessary and advisable prior to
entering into this Settlement Agreement and Stipulation for Entry of Judgment. The
Parties enter into this Settlement Agreement and Stipulation for Entry of Judgment
understanding that facts or other circumstances may exist which are presently unknown
or undisclosed, or which are different tvom or other than those which they believe ta be

904692.) 3662-098


SETTLEMENT AGREEMENT
Page? of 8

Page 8

IN WITNESS WHEREOF, and intending to be legally bound hereby, the Parties
have executed this Setilement Agreement and Stipulation for Entry of Judgment as of the
date set forth in the opening paragraph of this Settlement Agreement.

DATED: November » 2011
APPROVED AS TO FORM.

DATED: November

5 201L

DATED: November YD 2011
APPROVED AS TO FORM

SHEASBY, CHO & MIDDLETON, L.L.P.

By:

M. Stephen Cho
Attorneys for Defendant,
GONZALO GONZALEZ

By:

GONZALO GONZALEZ

ANDERSON, McPHARLIN & CONNERS LLP

5046923

aoe

B

VANESSA H. WIDENER
Attomeys for Plaintiff,
FEDERAL DEPOSIT INSURANCE
CORPORATION, AS RECEIVER FOR INDYMAC
BANK, F.S.B.

5662-008


Page 4

ST TLEMENT AGREEMENT
£8

investors, members, partners, joint venturers, independent contractors, attorneys,
accountants, insurers, agents, investors, representatives, officers, directors, and any
corporation, partnership or limited liability company which was or is at any time the
parent or wholly owned subsidiary of such entity, and any such corporation's,
partnership's or linsited liability company's officers, directors, employees and/or agents,
or any corporation, partnership or limited liabiliey company which was or is an affillate of
such entity by virtue of common ownership or control, and any sach corporation's.
partnership's or limited liability company’s, officers, directors, employees and/or agents
of and from any and all actions, causes of action, claims, demands, damages, debts,
losses, costs, expenses, attorney fees or other liabilities of every kind and nature
whatsoever, whether legal or equitable and whether known or unknown, arising out of,
resulting from, or relating to, in any manner, to any damages, Joss, or liability arising
from or in conjunction with the Action.

3.5 Notwithstanding any other provision of this Settlement Agreement and
Stipulation for Entry of Judgment, the FDIC-R does not release, and expressly preserves
fully and to the same extent as if the Seitlement Agreement had sot been executed any
claims against GONZALEZ (including | ] 1-800-
BROKERS) arising out of any other transactions (other than set forth in the Action) and
arising out of any other existing or failed financial institutions other than INDYMAC
BANK, FSB.

3.6 Notwithstanding any other provision, by this Settkement Agreement and
Stipulation for Entry of Judgment, the FDIC-R does not release, and expressly preserves
fully and to the sane extent as if the Settlement Agreement had not been executed, any
action taken by any other federal agency. In addition, this Settlement Agreement does
not purport fo waive, or intend to waive, any claims which could be brought by the
United States through either the Department of Justice or the United States Attorney's
Office in any federal judicial district. In addition, the FDIC s ally reserves the right
to seek court ordered restitution pursuant te the relevant provisions of the Victim and
Witness Protection Act, 18 U.S.C. § 3663, ef seq., if appropriate. However, FDIC agrees
aod consents to an application of any and all sums paid pursuant to this settlement
agreement as an offset to restitution.

4, MISCELLANEOUS

Al Conditions of Execution. Each Party acknowledges and warrants that its
execution of this Settlement Agreement and Stipulation for Entry of Judgment is free and
voluntary.

9000921 5662-088


Page 6

TLEMENT AGREEMENT

6 ofS

the case, and the Parties voluntarily assume all risks atiendant to such unknown,
undisclosed, different, or additional facts or other circunistances.

49 Number. Whenever applicable, the singular shall include the plural, and
the plural shall include the singular.

410 Counterparis/Execution. This Settlement Agreement and Stipulation for
Entry of Judgment may be execuied in one or more counterparts, all of which shall form
asingle agreement. A Party's signature on this Scttlement Agreement and Stipulation for
Entry of Judgment by facsimile or e-mail shall be valid and effective for all purposes as
an original signature, provided, however, that the original signature shall be produced
upon request.

4.11 Waiver. No term or condition of this Settlement Agreement and
Stipulation for Entry of Judgment shall be deemed to have been waived, nor shall there
be an esioppel against the enforcement of any provision of this Settlement Agreement
and Stipulation for Entry of Judgment, except by written instruments signed by the Party
charged with the waiver or estoppel. No written waiver shall be deemed a continuing
waiver unless specifically stated therein, and the written waiver shall operate only as to
the specific term or condition waived, and not for the future or as to any other act than
that specifically waived.

412 Headings. The headings of paragraphs herein are intended solely for the
convenience of reference and shall not control the meaning or interpretation of any of the
provisions of this Setdement Agreement and Sdpulation for Entry of Judgment.

4.13 Subsequent Agreements. The Parties agree that, upon the reasonable
request of the other Party, they shal] execute, acknowledge, and deliver any additional
instruments or documents that may reasonably be required to carry out the intentions of
this Settlement Agreement and Stipulation for Entry of Judgment, including such
instruments as may be required by the laws of any jurisdiction, now in effect or
hereinafter enacted, that may affect the rights of the Parties as between theniselves or
others with respect to their rights and obligations created by this Settlement Agreement
and Stipulation for Entry of Judgment.

4.14 Entire Agreement. The Parties hereto further agree and promise that this
Settlement Agreement and Stipulation for Entry of Judgment sets forth the entire
agreement between and among the Parties and fully supersedes any and all prior
negotiations, agreements or understandings made between or among the Parties. This
Settlement Agreement and Stipulation for Entry of Judgment shall not be modified except
in a writing signed by the Parties or their authorized representatives.

904692.1 3662-098


ANT AGREEMENT

Waser BS, earn}

DATED: November‘. 2011

9048924

Page 9

FEDERAL DEPOSIT INSURANCE
CORPORATION, AS RECEIVER FOR INDYMAC
BANK, F.S.B.

Sigplature

Sosde Go hs mn Capt ytd

Type/Print Name and Title

3662-093


Page 1

SETTLEMENT AGREEMENT

THIS SETTLEMENT
and made effective as of the
between FEDERAL DE
INDYMAC BANE
FDIC-R and GO
collectively as the "Parties".

L. RECITALS

1.1 On or about February 8, 2011. the FDIC-R filed a lawsu uit entitled
FEDERAL. DEPOSIT INSURANCE CORPORATION, AS RECH
INDYMAC Bae SB. 8. AME RIC. AN SIGNATU RE FUNDING, INC,
PRIPES REALTY, INC. dba
LY SCOTT RES > WILL JAM
STOPHER YOSHTIYUEL T
vals and as trustee for the Kur
DATED FPEBRUAR and DC
31-DOC (MLGx) (hereinal

xURIT
inchs

RA SAMI ns
Case No. SACV11-002

12 The Action alleged that on June 7, 2007, IndyMac Bank, FSB

CIndyMac") funded.aloan of __] in the orincipal amount of $242,750
CL ].0an”) for her purchase of the real properly located | (4),(b)

(b)
Norco. CAL roperty’); and that on July 2, 2007, IndyMac made two (6)
loans to totaling $1,045,000 CT ——JLoans"') which sere secured. (b)(4),(b)
by the coal at Corona, CA (" JProperty). (8)(4),(b)
‘The Action alk heme relating to (6)

eged that defendants participated im a property fMippi

Property, cox Property and concealed fac! ch were crucial
to IndyMax’s decisions to fund the loans. The Action alleged the borrowers defaulted on
the loans within the first few months resulting in damages to the FDIC of more than
$1,183,549.29.

13 GORZALEZ disputes and denies the FDIC's claims in the Action.

14 The Parties desire and have agreed to settle all claims relating te the
Action.

4. AGREEMENT

NOW, THEREFORE, in consideration of the mutual covenants and promis
forth herein, and for » good and valuable consideration, the r
which are hereby acknowledged by the Parties, the Parties, intendin nig to be lenally bour a,
agree as follows:

pai Recitals. The Recitals set forth above are incorporated into the body of
this Settlement Agreement as though fully set forth herein.

BBI59.21


SETTLEMENT AGREEMENT
Page TofS

Page 7

IN WITNESS WHEREOP, and intending to be legally bound hereby, the Parties
have executed this Settlement Agreement and Stipulation for Entry of Judgment as of the
date set forth in the opexing paragraph of this Settlement Agreement.

DATED: November ey , 201)
APPROVED AS TO FORM

DATED: November 2, 2014

DATED: November ,2011
APPROVED AS TO FORM

SEGA

SHEASBY, CHO & MEQDLETON, L.L.P.

By:

MM. Stephen Cho
Attorneys for Defendant,
GONZALO GONZALEZ

By:

—— GONZALO GONZALEZ,

ANDERSON, McPHARLIN & CONNERS LLP

By:

VANESSA H. WIDENER,
Attorneys for Plaintiff,
FEDERAL DEPOSIT INSURANCE
CORPORATION, AS RECEIVER FOR INDYMAC
BANK, F.S.B.

S8G2G98

(b)(6)



Page 2

TLEMENT AGREEMENT
2088

2.2 Payment te the FDIC-R by GONZALEZ. Payment of Sixty Five
‘Thousand Dollars and no/cents ($65,000.00) shall be paid on behalf of GONZALEZ to
the FDIC-R. Payment shall be made by wire transfer made payable to “Mortgage
Recovery Law Group Trust Account,” Account Number: Routing Number:

Reference: Armerican Signature Settlement. The payment shall be made as

Tollows: $25,000 paid on or before November 30, 2011; and $2,000 per month for 26

months beginning December 15, 2011 and continuing on the 15° of each month until
paid in fall.

2.3. Concurrently with the signing and delivery of this Settlement Agreement,
GONZALEZ shall execute a Stipulation for Entry of Judgment in the amount of One
Hundred Ten Thousand Dollars and no cents ($110,000.00) in the form attached hereto as
Exhibit 1. The Stipulation for Entry of Judgment incorporates by reference the Judgment
(Pursuant to Stipulation), attached to the Stipulation as Exhibit A (the “Judgment. Both
the Stipulation and Judgment are incorporated by reference herein and their terms made a
part of this Settlement Agreement. The Judgment shall be non-dischargeable in
bankrupicy. The Stipulation and Judgment shall be held in trust by FDIC-R’s attorneys of
record and shall not be filed unless GONZALEZ breaches this Settlement Agreement,
including any of the payments required by paragraph 2.2 above and fuils to timely cure
said breach pursuant to paragraph 2.5 after receiving notice of default as provided in
paragraph 2.4. The judgment (Pursuant to Stipulation) shall not be entered so long as
GONZALEZ performs under the terms of this Settlement Agreement with respect to
making the payments required by paragraph 2.2 above.

24 Inthe event GONZALEZ defaults by failing to make a timely payment to
FDIC-R as set forth in paragraphs 2.2 above, FDIC-R shall give written notice of the
default and notice of its intent to enter Judgment (Pursuant to Stipulation) to
GONZALEZ and his counsel via either U.S. mail, email or facsimile as follows: (1)
Ganzalez. af «Santa Barbara, CA 93105; and (2) M. Stephen Cho at
10535 Foothill Bivd. #460, Rancho Cucamonga, CA 91730, fax 909-581-1332,

2.4 GONZALEZ shall have ten (10) business days from receipt of the notice
of default to cure the default. If GONZALEZ fails to cure the default within ten (10)
business days, FDIC-R shail retain all consideration it received, and it may, in its sole
discretion, seek to enter the Judgment against GONZALEZ and enforce said Judgment
against GONZALEZ. Judgment may be entered by ex parte application (without
testimony or trial and GONZALEZ further waive the right to a court and/or jury trial)
with notice given to GONZALEZ. and M. Stephen Che by either mail, email or facsimile
listed in paragraph 2.4 above.

2.6 | Within five (5) business days of FDIC-R's counsel's receipt of the fully
executed Settlement Agreement and Stipulation for Entry of Judgment, FDIC-R's counsel
shall file a request for dismissal of the entire Action against GONZALEZ with prejudice.

GAG $662-098

(b)(4)


Page 3

SETTLE

Page 3 of 8

ENT AGREBMENT

2.7 The Parties shall bear their own costs and attorneys’ fees incurred in the
Action.

2.8 Lach Party agrees that Section 664.6 of the Code of Civil Procedure of the
State of California shall apply fo this Setflement Agreement and requests that the court
retain jurisdiction over the Parties to enforce this Settlement Agreement and, if necessary,
the Judgment (Pursuant to Stipulation).

3. RELEASE

3.1. Known and Unknown Claims. The FDIC-R and GONZALEZ
acknowledge and agree that the release they give to each other upon executing this
Settlement Agreement applies to all claims for injuries, damages, or losses of any type or
nature Gvhether those injuries, damages. or losses are known or unknown, foreseen or
unforeseen, patent or latent) which they may have against each other arising from or in
conjunction with the Action.

3.2 The Parties hereby expressly waive application of California Civil Code
$1542 as it relates to the Action. The Parties certify that they have read and understood
the following provisions of California Civil Cade $1542 which states in pertinent part as
follows:

A general release does not extend to claims which the
creditor does not know or suspect to exist in his or ber
favor at the time of executing the release, which if known
by him or her must have materially affected his or her
settlement with the debtor. :

3.3 The Parties understand and acknowledge that the significance and
consequence of its waiver of California Civil Code $1542 is that even if either Party
should eventually suffer additional damages arising from or in conjunction with the
Action, that Party will not be able to make any claim against any other Party for those
damages, Furthermore, each Party acknowledges that they consciously intend these
consequences even as to claims for damages that may exist as of the date of this release
relating to the Action, but which that Party does not know exists, and which, if known,
would materially affect that Party's decision to execute this release, regardless of whether
that Party's lack of knowledge is the result of ignorance, oversight, error, negligence, or
any other cause.

3.4 Except for the rights, duties, and obligations set forth in this Settlement
Agreement and Stipulation for Entry of Judgment, the Parties cach hereby fully, finally,
and forever release and discharge the other Parties, and any and all of its respective
employees (including . 1-860- BROKER), brokers,

94602. 5662-098