4.8 Review and Understanding, The Parties have entered into this
Settlement Agreement voluntarily, having fully read and fully understood the meaning
and effect of all ofits terms and provisions, and fully understanding ifs and their cosis
and risks. Each of the Parties has consulted with legal counsel conceming this Settlement
Agreement and has conducted such inquiry as they deem necessary and advisable prior to
entezing into this Settlement Agreement. The Parties enter into this Settlement
Agreement understanding that facts or other circumstances may exist which are presently
voknown or undisclosed, ar which are different from or other than those which they
believe to be the case, and the Parties voluntarily assume all risks attendant to such
unknown, undisclosed, different, or additional facts or other cireurnsiances.

4.9 Number, Whenever applicable, the singular shall inclade the plural, and
the plural shall include the singular.

4.40  Counterparts/Exeeution. This Settioment Agreement may be executed
in one or more counterparts, all of which shall form a single agreement. A Party's
signature on this Setdement Agreement by facsimile or e-mail shal] be valid and effective
for all purposes as an original signature, provided, however, that the original signature
stall be produced upon request.

441 Waiver. No term or condition of this Settlement Agreement shail be
deomed to have bean waived, nor shall there be an estappel against the enforcement of
atty provision of this Settlement Agreement, 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 ag to the specific term or condition walved, and not for the future or ag to any other
act than that specifically waived.

4.12 Headings. The headings of paragraphs herein are intended solely for the
conventerice of reference and shalt not control the meaning or interpretation of any of the
provisions of this Settlement Agreement.

413 Subsequent Agreements. The Parties agree that, upon the reasonable
request of the other Party, they shall execute, acknowledge, and deliver any additional
instraments or docoments that may reasonably be required to carry out the intenfiens of
this Settlement Agreement, inchiding such instruments as may be required by the laws of
any jurisdiction, now in effect or hereinafler enacted, that may affect the rights of the
Parties as between themselves or others with respect to their rights and obligations
created by this Settlement Agreement.

4.14 Entire Agreement. The Parties hereto further agree and promise that this
Settlement Agreement 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 shall not be modified except
ina writing signed by the Parties or their authorized representatives.

SETTLEMENT AGREEMENT Page Sof 7

ISQHEBPA


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

of this Settlement Agreement.

DATED: April 24 2012
Pure

APPROVED AS TO FORM

DATED: April __, 2012

DATED: April, 2012

WILSON ELSER MOSKOWITZ EDELMAN &
DICKER LLP

()(6)

B

ys
ff David SAiisen

Attorney for Defendant SCOTT C, BROCK dba

INTEGRITY APPRAISAL SERVICES

SCOTT C. BROCK dba INTEGRITY APPRAISAL
SERVICES

By:

Signature

Type/Print Name and Title

NATIONAL UNION FIRE INSURANCE COMPANY
OF PITTSBURG PA , CHARTIS CLAIMS, INC.

By:
Signature
Type/Print Name and Title
Whey 6 b-O/e-
DATED: April——;2042-—> MORTGAGE RECOVERY LAW GROUP LLP
APPROVED AS TO FORM
By:
Paul Levin
SETTLEMENT AGREEMENT Page 6 of 7

HOH37E

()(6)


3.6 Notwithstanding any other provision, by this Settlement Agreement, the
FDIC-R does not release, and expressly preserves fully and to the same extent as if the
Settlement Agreement had not been executed, any action taken by any other federal
agency. in addition, this Settlement Agreement docs not purport to 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 Atlorney’s Office in any federal judicial
district. In addition, the FDIC-R specifically reserves the right to seek court ordered
restitution pursuant to the relevant provisions of the Victim and Witness Protection Act,
18 U.S.C. § 3663, e7 seq., if appropriate, subject te an offset, in favor of BROCK only.
for any Scttlement Payment described in Paragraph 2.2 above.

4, MISCELLANEOUS

4.1 Conditions of Execution. Each Party acknowledges and warrants that its
execution of this Settlement Agreement is free and voluntary.

42 Ne Adinission. fis agreed thet no Party herete adinits lability or
wrongdoing of any nature, and that this Settlement Agreement is made as a compromise
of disputed claims,

4.3 Fair Menning. ‘The Parties hereto further agree that the language of all
parts of this Settlement Agreement shall in all cases be construed as 2 whole, according to
jis fair meaning, and not strictly for or against any of the Parties

4.4 Governing Law. The Parties agree to submit to the Courts of the City
and County of Los Angeles, California, for any dispute wrising out of this Settlement
Agreement, or related thereio, and consent to the jurisdiction of said Courts and further
agree that any and all matters of dispute shail be adjudicated, governed and controlled
under California law.

44 Attorneys Fees and Costs. Should any action be commenocd to enforce,
interpret, or seek damages, injunctive relied, or specific performance for viclation of this
Settlement Agreement, the prevailing party shall, in addition t any other available relief,
be entitled to an award of reasonable attorney's fees and litigation expenses incarted in
the prosecution or defense of the action, including any appeal.

4.6 Severability. The Parties hereto agree that if any provision of this
Settlement Agreement is declared by any court io be Hiegal or invalid, the validity of the
remaining parts, terms or provisions ehell not be affected thereby, and such illegal or
invalid part, term or provision shall be deemed not fo be part of this Settlement
Agreement,

4.7 Binding Effect. This Settlement Agreement shall be binding upon aud
inure to the benefit of the Parties and their respective heirs, personal representatives,
successors, and assigns.

SETTLEMENT AGREEMENT Pape 4 of?

HOWITL


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

of this Settlement Agreement.
DATED: April ___, 2012

APPROVED AS TO FORM

ene
DATED: me

DATED: April, 2012

(Ve jet
DATED. Aptilemt
APPROVED AS TO FORM

WILSON ELSER MOSKOWITZ EDELMAN &
DICKER LLP

By:

David S, Eisen
Attomey for Defendant SCOTT C, BROCK dba
INTEGRITY APPRAISAL SERVICES

SCOTT C. BROCK dba INTEGRITY APPRAISAL
SERVICES

By:

Silonature

wath Brock

Type/Print Name and Title

NATIONAL UNION FIRE INSURANCE COMPANY
OF PITTSBURG PA , CHARTIS CLAIMS, INC.

By:

Signature

TyperPrini Name und Tine

MORTGAGE RECOVERY LAW GROUP LLP

By:

Paul Levin

SETTLEMENT AGREEMENT Page Gof?

LST

()(6)

()(6)


SETTLEMENT AGREEMENT

THIS SETTLEMENT AGREEMENT ("Settlement Agreement”) is entered inte
and made effective as of the 29 day of March 2012 ("Effective Date"), by and between
PEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for INDYMAC
BANK, E.S.B, CFDIC-R"), SCOTT C. BROCK dba INTEGRITY APPRAISAL
SERVICES ((BROCK"), and NATIONAL UNION FIRE INSURANCE COMPANY of
PITTSBURG PA, CHARTIS CLAIMS, INC. (CHARTIS), The FDIC-R, BROCK and
CHARTIS may hereinafter be referred to individually es 9 “Party" or collectively as the
"Parties".

1 RECITALS

LL Onor about huly 6, 2011, the FDIC-R filed a lawsutt entitled FEDERAL
DEPOSIT INSURANCE CORPORATION AS RECEIVER FOR INDYMAC BANK,
F.S.B. v. SCOTT C. BROCK an Individual and dba INTEGRITY APPRAISAL
SERVICES, in the United States District Court for the Central District of California Case
No. SACV11-998-JVS (ANx) (hereinafier “Action"). The FDIC-R sought damages from
BROCK arising out of a mortgage loan IndyMac Bank, F.3.B. (“IndyMac”) made to
Sivestre Flores (“Loan”). The Complaint inchided a claims for breach of contract and
negligent misrepresentation. In its answer, BROCK. denied he was liable to the FDIO-R.
for damages.

12 The Parties desire and have agreed fo settle all claims between the FDIC-R
and BROCK relating the Loan, By entering into this Settlement Agreement, the parties
are not admitting the allegations as set forth in the Complaint,

2 AGREEMENT

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

agree as follows:

24  Reeitals. The Recitals set forth above are incorporated into the body of
this Settlement Agreement as though fully sei fords herein.

2.2 Payment ia the FDIC. Payment of One Hundred Twenty-Five Thousand
Dollars and no/cents ($125,000.00) (the "Settlement Payment”) shall be paid on behaifof
BROCK to the EDIC-R. The Settlement Payment shall be made via settlement cheek no
jater than May 25,2012. BROCK shall deliver the setilemeat check to the FDIC-R cle
Mortgage Recovery Law Group, LLP, 700 North Brand Bivd., Ste. $30, Glendale, CA
91230.

SETTLEMENT AGREEMENT Page tof?

1SG4137.1


Attomeys for Plaintiff FEDERAL DEPOSIT
INSURANCE CORPORATION, as Receiver for
INDYMAC BANK, F.5.B,

DATED: May 7, 2012 FEDERAL DEPOSIT INSURANCE
CORPORATION, as Receiver for INDYMAC
BANK, FSB.

()(6)

By:

Signature

Re ckawd Geil, Couwsel

Type/Print Name and Title

SETTLEMENT AGREEMENT Page 7 of 7

ISOLA


23 Inthe event BROCK defaulis by failing to make a timely payment fo the
FDIC-R as set forth in paragraph 2.2 above (“Settlement Payment Due Date”), the FDIC-
R, in its sole discretion, shall have the right to:

a Extend the time for payment, including interest accruing from the
Settlement Payment Due Date through the date of payment af a rate calculated in
accordance with 26 U.S.C. § 6621 (BIG); or

b. Enforce this Settlement Agreement and, in such event, BROCK
agrees to jurisdiction in Federal District Court in California to pay all of the
FDIC-R’s reasonable attorncy’s fees and costs expended in enforcing the terms of
this Agreement; or

G Declare this Settlement Agreement null and void, move to vacate

any dismissal order, to which BROCE. agrees to consent, and insiltute an action
on the FDIC-R’s claims, as to which BROCK waives any and afl objections and
defenses and covenant and agree not to assert any objections and defenses; and/or

a. Seck any other relief available to it in law or equity.

Any extension of time for delivery of the Settlement Payment shall not prejudice
the FDIC-R's right to take other action or seek any relief during or afier such period of
extension, including the right to bring an action to enforce the Settlement Agreement, of
declare the Settlement Agreement null and void.

2.4 Within ten (10) business days of the FDIC-R's receipt of the Settlement
Payment as set forth in paragraph 2.2, the parties hereto shall execute and cause to be filed
with the court a Stipulation and Request for Dismissal with Prejudice, and shall take such
further steps as may be necessary for the court to enter an order dismissing the Action with,
prejudice.

2.5 Each Party agrees that and requests that the court reiain jurisdiction over
the Parties to enforce this Settlement,

2.6 The Pasties shall bear their own costs and attomeys’ fees iourred in the
Action.

3. RELEASE

3.1 Known and Unknown Claims. The FDIC-R, BROCK and CHARTIS
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 (whether those injuries, damages, or losses are known or unknown, foreseen or
unforeseen, patent or latent) arising from or in conjunction with or related to the facts and
dircumstances giving rise t the Action.

SETTLRMBNT AGREEMENT Page of 7

HOHSTE


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 undersioed
the following provisions of California Civil Code §1542 which siatzs 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 acknowledges 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 or any facts or circumstances related to the Action, thal Party will not be able to
make any claim against any other Party for those damages. Furthermore, each Party
acknowledges thet they consciously intend these consequences even as to claims for
damages thal may exist as of the date of this release relating te 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 lock 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, the Parties cach hereby fully, finally, and fonever release and discharge the
other Parties, and any and all of its respective, employces, brokers, Invesiors, members,
partners, joint ventarers, independent contractors, attorneys, accountants, insurers, agents,
investors, representatives, officers, directors, and any corporation, partnership or limited
Lability company which was or is at any time the pareat or wholly owned subsidiary of
such entity, and any such corporation's, partnership's or limited Hability company's
officers, directors, employees and/or agents, or any corporation, partnership er limited
Habivty company which was or is an affiliate of such entity by virtue of common
ownership or control, and any such corporation's, partnership's or Hmited liability
company’s, officers, directors, employees and/or agents of and from any and all actions,
causes of action, claitis, demands, damages, debis, losses, costs, expenses, attorney fees
or other liabilities of every kind and nature whatsoever, whether legal or equitable and
whether known or unknowg, arising out of, resulting from, ox relating to, in any manner,
to any damages, loss, or Hability arising thom, in conjunction with, or related to the
Action or any facts or circumstances related to the Action.

3.5 Notwithstanding any other provision of this Setiement Agreement, the
FDIC-R docs not release, and expressly preserves fully and to the same extent as ifthe
Settlement Agreement had uot been executed any claims against BROCK. arising out of
existing or failed financial institutions other than IndyMac. ‘The FDIC-R represents that
itretains the rights to pursue any claims arising out of or related to the Loan against other
parties,

SETTLEMENT AGREEMENT Page $f?

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