43. The undersigned have affixed their signatures hereto and have acknowledged

game on the dates herein sef forth.

LAWYERS TITLE INSURANCE CORPORATION Subscribed and s

before mie this
(b)(6)
(b)(6)
(0X6) yy
Denn tl” Gees tor A anagerss Ongpi 6 (6)(6)
FEDERAL DEPOSIT INSURANCE CORPORATION,
receiver for First National Bank of Nevada
(b)(6)
By = (b\(6
ie fy ACI
PREPARED BY:

£, Wiliam Matoney, Jr.

MALONEY & CRAVEN, P.C.

Attorneys for Lawyers Title Insurance Corporation
2093 Rand Roed

Des Plaines, tinois 60015

Phone: 847/635-1341

Fax: 847/803-1475

CACAILAVAROIC ¥ BELLIMISC Yue ret & seile agr 11-08-09. wpd



(b)(4). (6).

g. tn the event of any dispute hereunder, the parties agree that Minois law wil
govern this instrument.

410. This agreements the reautt of negotiations between the parties, who are
represented by counsel. This agreement initially was drafted by counsel for LTI IC as a matter of
convenience only, and shall not be construed for or against any party on account thereof, but
shall be construed according to ifs plain meaning. Paragraph headings in the agreement
appear for the convenience of the parties only and shall not be used in the interpretation of the
agreement. Where coniext requires, the singular Includes the plural (and vice versa), the
disjunofive inctudes the conjunctive (and vice versa), and the masculine, fentinine and
indeterminate gender pronouns are inclusive rather than exclusive.

44. Should any action be commenced between the parties concerning the terms of
this agreement or the rights and duties of the parties hereto, the prevailing party or parties in
such proceeding shall be entitled, in addition to such other relief as may be granted, to payment
of ait of their costs, expenses (including but nol limited to expert fees), and reasonable
attorney's fees incurred in connection therewith.

12. FDIC represents and affirms that it is the sole owner of the claim/cause of action

pertaining to Chicago, ilinois, as currently set forth in 07 T 4587

and before the American Atbitration Association in cause



(b)(6)
(b)(4).(Y(6)

(b)(4).(Y(6)

Ri iT AGRE!

WHEREAS, the Federal Deposit Insurance Corporation (FDIC*), as receiver for First
National Bank of Nevada, a8 successor in interest and assignee to MERS, as nominee fos First
National Bank of Arizona, has asserted a claim against Lawyers Title insurance Corporation

(CLTIC’) under its Closing Protection Letter issued in conjunction with its foan policy of title

insurance regarding a mortgage executed by one bn or about Auguat 15, 2002,
and secured by the property commonty known sa —=d Chicago,
{Ninois (the subject property"),

WHEREAS, LTIC disputes the claims of the FDIC and denies that has any lability
under its Closing Protection Letter, foan policy of tifle insurance, or otherwise;

WHEREAS, thig matter is pending for arbitration before the American Arbitration
Association (AAA’} under Case Na ba said case remains unresowed,

WHEREAS, this matter also ig pending in the United States District Court for the

Northem District of tllinois under Case No. 67 C 4561 bearing the caption FDIC v. Bell Capital,
et al, and said case remains unresolved.

WHEREAS, each of the foregoing parties is and has been represented by counsel of its
own choosing in this cause and has had the benefit of such advice as each deems fit under the
Cirourstances and is otherwise desirous of resolving their differences and settling all claims;

NOW THEN, IT 1S AGREED as follows: In consideration of the reciprocal promises of
the parties, the monetary consideration set forth herein, and other good and vatuable

consideration, the sufficiency of whieh Ie hereby acknowledged, the parties do hereby agree as

follows:



(b)(4).OY(6)

a LTIC shall pay to FDIC the sum of $50,000.00 by wire transfer in accordance
with wire instructions mutually acceptable {o the parties in full and complete satisfaction of alt of
ite claims against LTIC arising under the Closing Protection Letter, ite foan policy of title
insurance issued contemporaneously therewith, of any ofher claim relating and pertaining to the
subject property.

2. Payment of the foregcing sum shall be made contemporaneously with dismissal
with prejudice of both the pending arbitration proceeding before the AAA designated ae Case

No hoa the federal lawsuit now pending and designated as Case No. 07 C

4581 and bearing the caption FDIC v. Bell Capital, et al.

3, Subject to the terms and conditions of this instrument, the FOIC, on the one
hand, and LTIC, on the other, hereby reciprocally on their own behaif and on behalf of their
predecessors, Successors, assigns, fepresentatives, officers, directors, employees, attorneys
and agents hereby release, acquit and forever discharge the other and their predecessors,
succeasors, assigns, representatives, officers, directors, employees, atiorneys and agents from
any and ail manner of actions, causes of actions, suits, debts, sums of money, accounts,
covenants, contracts, agreements, obligations, promises, damages, judgments or alleged
breaches of legal duty of any kind or nature, in law or in equity, arising in tert, contract or
otherwise, now known or hereatter discovered, which any of the foregoing has or may have
ever had against the other arising out of or related to any act or omission that has occurred

relating or pertaining to the creation of a morgage and/or the disbursement of fender’s funds:

“Be



(b)(4).()(6)

andor the recording of instruments relating ar pertaining to| (OY4).(b)

Chicago, tincis.
4, ‘The releasees harelo understand and acknowledge that this Reciprocal Release
is not intended to release any of the obligations set forth in this instrument, and this Reciprocal

Reiease does not pertain to any conveyances or transactions involving proparties or

{rangactions other than pertaining to] Ghicago, Hlinois.

4. The parties acknowledge and agree that this Reciprocal Release and Settiement
Agreement may be signed in counterparts without affecting the legal validity thereof so tong as
signed by both parties hereto,

6. The parties agree that this document contains the whole and entire agreement of
the parties, and there are no oral understandings or agreements. Any modifications of this
instrument must be reduced to writing and signed by the parties to be charged.

7. The releasers herein acknowledge that this is a setilement of a disputed case.
‘The payments referenced herein will net and should not be construed as an admission of fault
of liability by any of the payers. This Reciprocal Release and Settiement Agreement is the
result of arm’s-length negotiations between the parties and their attorneys. Both acknowledge
that they have not acied under duress, coercion or compulsion of any kind.

8. Each of the parties agrees to be fully responsible for its own casts, expenses

and alforney’s fees incurred hersin, and waives any right to assert a claim for fees, costs or

expenses against the other.