SETTLEMENT ANI> RELEASE AGREEMENT 

This Settlement and Release Agreement ("Agreement") is made by, between, and among 

the following undersigned parties: 

The Plaintiff Federal Deposit insurance Corporation as Receiver for Am Trust Bank 

("FDJC-R") and Defendant Investor Quality Title, LLC (the "Settling Defendant") (individual1y, 

the .FDIC-R and the Settling Defendant may be referred to herein as "Party" and col1cctivcly as 

the "Parties"). 

RECITALS 

WHEREAS: 

Prior to December 4, 2009, Am Trust Bank ("AmTrust" or the "Bank") was a depository 

institution organized and existing under the laws of the United States. 

On December 4, 2009, Am Trust was closed by the Office of Thrift Supervision ("OTS") 

and pursuant to 12 U.S.C. § 182l(c), the Federal Deposit Insurance Corporation was appointed 

Receiver. ln accordance with 12 U.S.C. § 182l(d), the FDIC-R succeeded to all rights, titles, 

powers and privileges of the Bank, including those with respect to its assets. 

Among the assets to which the FDIC-R succeeded were the Bank's claims, demands, and 

causes of action that arc the subject of this Agreement.. 

On October 25,2010, the FDIC-R filed a complaint for money damages against the 

Settling Defendant. Those claims for damages are now pending in the United States District 

Court for the District of Utah in Federal Deposit Insurance Corporation as Receiver.for AmTrust 

Bank v. Investor Quality Title, LLC, Case No.2: l 0-cv-0 I 056-CW ("Action"). The Settling 

Defendant has denied liability in the Action. 

The undersigned Parties deem it in their best interests to enter into this Agreement to 

avoid the uncertainty 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 acknowledged, the 

undersigned Parties agree, each with the other, as follows: 
SECTION 1: Payment to FDIC-R 

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

agrees to pay the fDJC-R the sum of fifty thousand dollars ($50,000) ("the Settlement 

Payment") within thirty (30) days ofthe FDIC-R's execution of this Agreement, in settlement of 

the Action. 

B. The Settling Defendant shall deliver the Settlement Paymen~ to the fDTC-R by 

check made payable to Mortgage Recovery Law Group Client Trust and delivered to Plaintiffs 

attorney, Paul Levin, Esq., Mortgage Recovery Law Group, LLP, 700 North Brand Boulevard, 

Suite 830, Glendale, California 91203. In the event that the Settlement Payment is not delivered 

to the fDIC-R (via its counsel) within the timeframe required in subsection A above, interest 

shall accrue on all unpaid amounts at the rate of 5% per annum from thirty (30) calendar days 

following the date the FDIC-R executes this Agreement until the date of payment. 

C. If the FDIC-R docs not receive the Settlement Payment in full on or before the 

date determined by subsection A above, then the FDIC-R, in its sole discretion, shall have the 

right at any time prior to receipt of the Settlement Payment in full (including all accrued interest) 

to: 

I . Extend the period of time for the Settlement Payment, including interest 

accruing from the date detctmined by subsection A above, through the date of payment at a rate 

calculated in accordance with 26 U.S.C. § 6621 (a)(2); or 

2. Enforce this Agreement, in which event the Settling Defendant agrees to 

jurisdiction in United States District Court for the District of Utah and to pay all of the fDIC-R's 

reasonable attorney's fees and costs expended in enforcing the terms of this Agreement; or 

3. Terminate the Agreement and move to vacate any dismissal order, to 

which the Settling Defendant agrees to consent and re~institute an action on the FDIC-R's 

claims. The Settling Defendant further agrees to waive any defense based on any statute of 

limitations that would bar any of the FDIC-R's claims and waive all objections, defenses, claims 

or counterclaims, and covenant and agree not to assert any objections, defenses, claims or 

2 
counterclaims that did not exist or were otherwise unavailable as of the date this Agreement was 

fully executed; and/or 

4. Seck any other relief avaiJable to it in law or equity. 

Any extension of time under Section I.C.l for delivery of the Settlement Payment or 

acceptance of a portion of the Settlement Payment shall not pr~judice the FDIC-R's rights to take 

any ofthc actions set forth in Section I.C.2 through I.C.4 at any time prior to receipt of 

Settlement Payment (including all accrued interest) in full. 

SECTION II: Stipulation and I>ismissal 

Within h:m business days after the latter of (1) full execution of this Agreement by all of 

the Parties, and (2) receipt of the Settlement Payment, plus any accrued interest, the FDIC-R 

shall file a stipulation of dismissal with prejudice, executed by the attorneys for all Parties 

hereto. 

A. 

SECTION III: Releases 

The FDIC-R's Releases. 

Upon receipt of the Settlement Payment in full and except as provided in Section Ill. C., 

the FDIC-R, for itself and its successors and assigns, hereby releases and discharges the Settling 

Defendant and its heirs, executors, trustees, administrators, representatives, successors, insurers, 

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-R, that arise from or relate to 

the causes of action alleged in the Action. 

B. The Settling Defendant's Releases. 

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

Defendant, on behalf of itself and its heirs, executors, trustees, administrators, agents, 

representatives, attorneys, insurers, successors, and assigns, hereby release and discharge the 

FDIC-R, and its employees, officers, directors, representatives, attorneys, 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 the causes of action alleged in the Action. 

3 
C. Exceptions from Releases by FDIC-R. 

l. Notwithstanding any other provision of this Agreement, the FDlC-R does 

not release, and expressly preserves fully and to the same extent as if this Agreement had not 

been executed, any claims or causes of action: 

a. Against the Settling Defendant or any other person or entity for 

liability, if any, incurred as the maker, endorser or guarantor of any promissory note or 

indebtedness payable or owed by them to FDIC-R, the Bank, other financial institutions, or any 

other person or entity, including without limitation any such claims acquired by FDIC-R as 

successor in interest to the Bank or any person or entity other than Bank; and 

b. Against any person or entity not expressly released by the FDIC-R 

in this Agreement. 

2. Notwithstanding any other provision of this Agreement, nothing in this 

Agreement shall be construed or interpreted as limiting, waiving, releasing, or compromising the 

jurisdiction and authority ofthe Federal Deposit Insurance Corporation in the exercise of its 

supervisory or regulatory authority or to diminish its ability to institute administrative 

enforcement or other proceedings seeking removal, prohibition, or any other relief it is 

authorized to seck pursuant to its supervisory or regulatory authority against any person. 

3. Notwithstanding any other provision of this Agreement, this Agreement 

does not purport to waive, or intend to waive, any claims that could be brought by the United 

States through the Department of Justice, the United States Attorney's Office for any federal 

judicial district, or any other department or agency of the United States as defined by 18 U.S.C. § 

6. In addition, the :FDIC-R specifically reserves the right to seck court-ordered restitution 

pursuant to the relevant provisions of the Mandatory Victims Restitution Act, 18 U.S.C. §§ 3322 

and 3663 ct. seq., if appropriate. 

SECTION IV: Representations and Acknowledgements 

A. Authorized Signatories. All of the undersigned persons represent and warrant that 

they arc Parties hereto or arc authorized to sign this Agreement on behalf of the respective Party, 

4 
and that they have the full power and authority to bind such Party 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, trustees, administrators, representatives, 

successors and assigns. 

B. Advice of CounseL Each Party hereby acknowledges that he, she, or it has 

consulted with and obtained the advice of counsel prior to exec_uting this Agreement, and that 

this Agreement has been explained to. that Party hy his or her counsel. 

SECTION V: Reasonable Cooperation 

A. The Parties 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. 

SECTION VI: Other Matters 

A. No Admission of I Aability. The undersigned Parties each acknowledge and agree 

that the matters set forth in this Ab1feement constitute the settlement and compromise of disputed 

claims and defenses, that this Agreement is not an admission or evidence of liability or infirmity 

by any of them regarding any claim or defense, and that the Agreement shall not be offered or 

received in evidence by or against any Party except to enforce its terms. 

B. Execution in Counterparts. This Agreement may be executed in counterparts by 

one or more of the Parties and all such counterparts when so executed shall together constitute 

the final Agreement, as if one document had been signed by all Parties; and each such 

counterpart, upon execution and delivery, shall he deemed a complete original, bin~ing the 

Parties subscribed thereto upon the execution by all Parties to this Agreement. 

C. 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 ofUtah. 

5 
D. Notices. Any notices required hereunder shall be sent by registered mail, first 

class, return receipt requested, and by email, to the following: 

If to the FDIC-R: 

Paul Levin, Esq. 

Mortgage Recovery Law Group, LLP 

700 North Brand Boulevard, Suite 830 

Glendale, California 91203 

Telephone: 818.630.7901 

Facsimile: 818.630.7920 

Tfto the Settling Defendant: 

George A. Hunt, Esq. 

Timothy J. Bywater, Esq. 

Williams & Hunt 

257 East 200 South, Suite 500 

P. 0. Box 45678 

Salt Lake City, Utah 84145-5678 

Telephone: 801.521.5678 

Facsimile: 801.364.4500 

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

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

set forth herein and supersedes any prior agreements or understandings. This Agreement may 

not be amended or modified, nor may any of its provisions be waived, except in writing signed 

by the Parties bound thereby, or by their respective authorized attorney(s), or other 

representative( s ). 

F. Titles and Captions. All section titles and captions contained in this Agreement 

are for convenience only and shall not affect tbe interpretation ofthis Agreement. 

G. No Confidentiality. The undersigned Parties acknowledge that this Agreement 

shall not be confidential and will be disclosed pursuant to the Federal Deposit Insurance 

Corporation's applicable policies, procedures, and other legal requirements. 

6 
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to he executed 

by each of them or their duly authorized representatives on the dates hereinafter subscribed. 

Date:~ tot'S 

Date: 

FEDERAL DEPOSIT INSURANCE CORJlORA TION AS 

RECEIVER FOR AMTRUST BANK 

INVESTOR QUALITY TITLE, LLC 

BY: 

TITJ,E: 

PRlNTNAME: --------------------

7 
1N 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: 

Date: 1-/J--1 5 

FEDERAL DEPOSIT INSURANCE CORPORATION AS 

RECEIVER FOR AMTRUST BANK 

BY: 

TITLE: 

PRINT NAME:------ - --

INVESTOR QUALITY TITLE, LLC 

BY: 

I --t=- -~ ____ (b)(6J 

TITLE: 

7