s.i<m·LEMENT ·A.f"!I) RELEMR·AGREEI\.tEl''T . "'''''' ... ,<?~ 

This Sett emcnt~nd Rt1l~~~s~ gf.atlim ~nt.("Agn;: meJ.WJ) iS·n1ud¢ a~ of this -- ~ day of 

December~ 2013, by, between, a.11d among the following undersigned parties: Federal Deposit 

Insurance Col'poration) as rece·iver of Bank United, FSB ("H)JC-R"), and Nichola,c; Aliano {i/b/a 

Aliano Real Estate Appraiser and Aliano Real Estate ("A liano~'). (FD1C~ R and Aliano may be 

referred to herein individually as '•Party~' and coHectively as the "Parties"). 

,• RE~ICITA I l -$ a I 

WHEREAS: 

Prim to May 21. 2009, Bank United FSB ("Banku) was a depository institution {)rganized 

and existing under the laws o:f the United States. 

011 May 21, 2009. the Bank was closed by the omce ofTbrift Supervision and pursuant 

to 12 U.S.C. § 1821 (c), the FDIC was appointed receiver. In accordance with 12 U S. C. § 

182l(d), the FDIC as. receiver succeeded to aH rights, titles~ powers and privileges of the Bank, 

including those 'l>vith respect to its assets. 

On May 18, 2012. the FDIC-R filed a complaint tor money damages against Aliano. 

Those claims for damages are now pending in the United States District Court for the Eastern 

District of New York in Federal Deposit Insurance Corpora/ion as Receiverf(Jr Bank United. 

FSB v. Nicholas Aliano d/b/a alternatively Aliano Real Estaie Appraiser and Aliano Real Estate, 

Ca~ No. 2-cv~02532-LDW-ETB (the i'Actionn). Aliano has denied liability for the FDlC-R's 

claims. 

The und~rsigned parties deem it in their best interests to enter into this Agreement to 

avoid the uncertainty} trouble, and expense of furthe1· litigation. 

NOW~ THEREFORE, in consideration of the promis~s. undertakings) payments, and 

releases stated herein} the sufficiency of which consideration is hereby acknowledged, the 

undersigned parties agree, each with the other, as f()llows: 
SECTION I: P~tyment to FOIC-R 

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

pay the FDIC-R the sum of Three Hundred Eighty Five Thousand Dollars ($385,000) (the 

"Settlement Funds") to EllenoffGrosrnan & Schole LLP's Trust Account within thirty (30) days 

oftlte C~R's execution of the Agreement. 

B. In addition, and \Nitlli.1ut waiving any other rights thar the FDJC-R may have. in 

the event that Settlement Funds are not teceived by the FDJ C on or the expiration of the thrity 

days, then, the FDIC~R. in its sole discretion, shall have the right at any time prior to receipt of 

all Settlement f'unds to declare this Agreement null and void. shall have the right to extend this 

Agreement for any period of time until it receives an Settlement Funds, and/or shall have the 

right to enforce this Agreement against Aliano, in which event Aliano agrees to jurisdiction in 

Federal District Court in New York and agrees to pay all of the FDIC-R's rca'lonablc attorney's 

tees expended in enforcing the terms of this Agreement. Any decision by tlu~ Fl)l'C~R to extend 

the terms of this Agreement or to accept a porti.on of the Settlement Funds shatl not pr~judice its 

rights to declare this Agreement nun and void at any time prior to receipt of all Settlement Funds 

or to enforce the terms of this Settlemenr Agreement~ pmvided however) that in the event the 

FDI'C-R declares this Agreement mtH and void) the FDIC-R wiH return a11 amounts paid to it 

under this Agreement by Aliano. 

Sfi:CTION II: Stipulation and Dismissal 

Upon execution of this Agreement by each of the undersigned Parties~ and receipt of the 

Settlement Funds Lhe FDfC-R shaH dismiss tbc Action. The undersigned Parties agree to enter 

stipulation(s) providing that the disrnissal(s) set forth above shall be with prejudice, with each 

party to bear its own costs as these were originally incurred. 

SECTION HI: Releases 

A. I~Ql~M-~ .. 9J M1~YlO. by .Q!Q.:Rr.~. 

Effective upon receipt in full of the settlement fUJ1ds and dismissal described in 

SECTION(S) 1 and II above, and except as provided in PARAGRi\PH(S) HLC.t the FDrC-R, for 
itself and its successors and assigns. hereby releases and discharges Aliano, Loni Corporation, 

Continental Casualty Company and their respective heirs. executors, administrators, representaives~ successors and assigns, from any and all claims, demands, obligations. damages, actions, 

anrl causes of action; direct or indirect, in law or in equity, belonging to the FDIC-R, that arise 

trom or relate to. the performance, nonperformance, or manner of performance of the 

Defendant's respective functions, duties and actions including without limitation the causes of 

action alleged in the Action. 

B. Release ofFDIC-R by Aliano. 

Effec1ive sim.ultaneously with the release granted in PARi\ GRAPH HLA. above., the 

Aliano and Loni Corporation, on behalf ofthemse.tves individually, and their respective heirs} 

executors, adrnjni strators~ agents, representatives, successors and assigns, hereby release and 

discharge FDJC-R, and its employees, officers, directors, representatives, successors and assigns, 

from any and all claims, demands, obligations. damages, actions, and causes of action, direct or 

indirect. in Jaw or in equity, that arise from or relate to, the Bank or to tbe performance, 

nonperformance, or manner of performance of Aliano's 11mctions, duties ::md actions that arise ,. 

from or relate to the Action, 

C. Express Reservations From Releases By FDIC·R. 

l. Notwithstanding any other provision, by this Agreement, the FDJC-R does not 

release; and expressly preserves fully and to the same extent~s if the Agreement had not been 

executed, any claims or causes of action; 

a, against Aliano~ Loni Corporation, Continental Casualty Company or any 

other person or enthy 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 claims acquired by 

FDIC as successor in interest to 1he Bank or any person or entity other than Bank; 

b, against any person or entity not expressly released in this Agreement; and 

c. which are not expressly released in Paragraphs liLA. above. 
2. Nonvithstanding any other prov sion~ nothing in \·his Agreement shall be 

construed or interpreted ~s limiting, waiving, releasing or compromising the jllrisdiction and 

authority of the Federal Deposit Insurance Corporation in the exercise of its supervisory or 

regulatory authorily or to diminish its ability to institute administrative enforcement proceedings 

see.king removal, prohibition or any other administrative enforcement action which may arise by 

operation Qf law, rule or regulation. 

3. Notwithstanding any other provision, this Agreement does not purport to 

waive~ or intend to waive, any claims which couJd be brought by the United States through either 

the Department of Justice, the United States Attorney's Office for the Eastern District of New 

York or any other federal judicial district. ln addition, the FDIC-R specifkally reserves the right 

to seek court ordered restitution pursuant to the relevant provisiot1S of the Victim and Witness 

Protection Act, 18 U.S.C. § 3663~ ~h $.~~ .• if appropriate. 

SECTION IV: Representations and Acknowledgements 

A. N.o Admission of l;,iabilit.J:,. The undersiglted Partjes each acknowledge and agree 

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

claims, and that this Agreement is not an admission or evidence of liability by any of them 

regarding any cla.im. 

B. Execution in Countemarts, This Agreement may be executed in counterparts by 

one or more of the parties named herein and all such counterparts when so exec!.Hed shall 

together constitute the t1nal Agreement, as if one document had been signed by all pa11ies hereto; 

and each such counterpart. upon execution and delivery, shall be deemed a complete original, 

binding the party or parties subscribed thereto upon the execution by all parties to this 

Agreement .. 

C. J?fag.ing Iift£9.1· Each of the undersigned persons represents and warrants that 

they are a party hereto or ~re authorized to sign this Agl'eement on behalf of the respective party, 

and that they have the full power and authori.ty to bind such party to each and every provision of 

this Agreement. This Agreement shaH be binding upon and inure to the benefit of the 
undersigned parties and their respective heirs, executors, administrators} representatives. 

successors and assigns. 

D. Choice of Law. This Agreement shall be interpreted~ constnted and enforced 

according to applicable fcderal 1aw, or in its absence. the laws of the State of New York. 

E. Entire Agreement avd Affi.m4rnents. This Agreement c<mstitutes the entire 

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

set forth herein. TI1is Agreement may not be amended or modified except by another "''vrittcn 

instrument signed by the party or parties to be bound thereby, or by their respective authorized 

attomey(s) or other representative(s). 

G. Advice of CounseL Each party hereby acknowledges that it has consulted with 

and obtained the advice of counsel prior to ex{..>cuting this Agreement, and that this Agreement 

has been explained to that party by his or her counsel. 
(b)(6) 

(b)(6) 

IN 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: 

APPROVED AS TO FORM 

DATE: 

DATE: 

APPROVED AS TO FO!Uvi 

DATE: 

By: 

PENINO & MOYNlHAN, LLP 

NICHOLAS ALIANO dba ALIANO REAL 

ESTATEAPPRA BRand ALIANO REAL 

ESTATE 

ELLENOFF GROSSMAN & SCHOLE LLP 

.............. (~)(~) 

I (1?.1(~) 

'-E~R--IC_'i_'IV_EJ_N_rs_T_El_N____J 

Attorney for FDIC~R 

FEDERAL DEPOSIT INSURANCE 

CORPOR.A.TlON as Receiver for BANK 

lJNITED} FSB 

By~l~ __ ___.I "''""" 

·Signature 

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