(b)(4)

Page 5

reserves: the right to yeck court-ordered restitution pursuant to the celevant provisions of the
Vietim and Witness Protecdan Act, 18 U.S.C. § 3663, et seq., if appropriate.

5. Assignment. Serrower, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, hereby assigns without recourse to FDK* all of
Borrower's tight. Gue, and interest in and to any and all claims, demands, actions, and causes of
action of whatever nature or description, known or unknown, at law or in equity, whether arising
by contract, tort, or otherwise, whether or not asserted and whether or not well founded in fact or
in law, which Borrower ever had, now had or may hereafter acquire, arising out of or related in
any manner pending in the Litigatian and any related transactions described or referred to therein
inchaling without limuation: (1) the Purchase Transaction, Q) the Marigage Transaction, (3)
the tle insurance policy issued by Ticor Tite Insurance Company of Florida ('Ticor?} to
Borrower with respect to the Purchase Transaction and the Mortgage Transaction, (4) any
closing protection letter iasued by Zicor with respect to the Purchase Transaction and the

Mortgage Transaction, oF (5) otherwise (collectively, the “assigned Claints”), against any

person or entity. including without limitation: [

a

Jana the

(AVR

affiliates. successors, assigns, and alter-cgos, if any, of uny of the foregoing.

Subject to the exceptions stated in this derevmeni, this assignment includes, but is not in
any way limited to, the assigrunent of any right. litle, and interest in and fo any clairas, causes of
action, renwdies at law, or remedies in equity that may be available against any person or
business entity involved in any way, directly or indivectly, with the Litigation, and includes, by

way of illustration and act limitation, the right to forgive, request, demand, suc for, recover,

vn

(b)(4)


Page 8

ld. Authority. Each person signing this Aurcemen an behalf of any entity warrants

that he/she has the fall and esmplete authority to enter into this Agrecaienf on

or repr
behalf of that entity.
The parties to this Agreement have executed this dpreement as of the date indicated by

each party's signature.

Federal Deposit lusarance Corporation. as.
Reeviver for IndyMac Federal Bank FSB

By:

Name:

Title:

Date:

(b)(6)

Marco Maniaci |

af 2,
Primed Name: Reo Bi piel
Date: RA D8



Page 4

severally do absoluiely and unconditionally release Borrewer and Borrower's estates, heirs.
fiduciaries, and assigns, jointly and severally, from any and all claims, demands, actions or
causes of action, of whatever nature or description, known or unknown, now existing or hereafter
acquired, and whether or not asserted in the Litigation, which FDAC had, has, claims to have, or
may hereafler ucquire against Burroirer. arising out of the facts and circumstances alleged by
FDIC in the Litigation. Provided. however, that in the event Borrower fails to completely
wansfer and convey any and all interest in the Property obtained by Borrower as a result of the
Purchase Transaction, the Morteage Transaction, or any other transaction to FDIC ar its
designated party, the release provided by FD/C herein shall be deemed mull and void and FOC
shall be allowed te pursue any and ali claims it had prior to this release.

4, Express Reservation from Releases. Nothing in this Agreement waives any
claim, cause of action, or any rights to contribution or other claims held by either FDIC or
Borrower existing currently or arising in the future, against any other individual or eality not
expressly released by this Agreemens, inchiding but not limited to any other party in the
Litigation.

Notwithstanding any other provision, by this Agreement, FDIC does nut release, and
expressly preserves fully and to the same extent as if the dgreenient had not been executed, {a}
any claims or causes of action that do not arise fom or relate to the facts and circumstances
alleged in the Lifgarion, or the defense of the same. ar (b) any action taken by any other federal
agency. In addition, this dercement does nol purport to waive, or intend to waive, any claims
which could be brought by the United States through cither the Department of Justice or the

United States Attorney’s Office in any federal judicial district. In addition, FDIC specifically



Page 6

collect, receive. and hold all amounts that are or may beeame due on account of such claims, and
the right to tke all lawdud means and wquitable and legal remedies and proceedings with respect
to such Assigned Cleaus in furtherance of the collection and recovery thereof, and to adjust, sell,
further assign. compromise, and agree with respect to euch Assigned Claims, and t execute and
deliver, all endorsements, releases, receipts. or other sufficient discharges for the same, as could
Borrowes, in the same manner his own name, but for the effect of this assignment. Borrower
shall not assign, release, setile or otherwise compromise any of the Assigned Claims and
represents and warrants that he has not.

6. Cooperation. Sorrewer, for good and valuable consideration. the receipt and

sulficiency of which js hereby acknowledged. agrees to submit to an interview conducted by

FDIC's counsel or the representatives of FDIC's counsel in which Borrower wil make a full and
complete disclosure regarding the scope af Borrower's invelvement in the Purchase
Transaction, the Mortgage Transaction, and any other related transactions relevant to the
Litigation as well as Borrower's knowledge regarding the urvolvement of other parties and non-
parties in such transactions. Upon completion of this interview process, Borrawer agrees to
provide sworn testimony in a form satisfactory to FDIC to preserve the information provided by
Borrawer through the interview process.

7 Attorney's Fees and Costs, Each party shall bear its own atlorney’s fees and
costs with respect ta the Lidgarian.

g. Amendment. This Agreement may not be amended or modified at any time
except by any instrument in writing exceuted by all of the parties hereto.

%. Execution. this Agreemear may be executed in two or mare counterparts, each

of which shall be deemed an original. but all of which together shall constitute one ut the same



Page 9

14. Authority. Esch person signing this Aureement on behalf of any entity warrants al

or yepresents that bevshe has the full and camplete authority to enter ito this Agreement on 2

behalf of that entity .
‘Che parties to this Agreement have executed this Agreement as of the date. indicated by

each party’s signature:

Federal Deposit Insurance Corporation, a8
Reesiver for IndyMac Federal Bank FSB

By: =
Brame: Pac Maud Sy Geel
Te: Cio uwse f

pate 2-26 ~ Dota

Mareo Maniaci
Printed Name: _Leico  Mbeater
Date: fet-0 ‘a



(b)(6)

This Release and Settlement Agreement (hereinafier referred to as “Agreement”) is

entered imo this day of , 2069, by and between Federal Deposit

[nsprance Corporation as Reeciver for IndyMac Federal Bank, FSB (hereinafter referred to as
“EDK and Marco Maniaci (herciviaiter collectively referred to as “Borrawer") with respect to
the claims made in the case captioned Federal Deposit Insurance Corporation, as Receiver for
IndvMuc Federal Bank, FSB ¥ Great Lakes Broker Funding, LLC, et ai., Genesee County
Clrenit Court Case No. 06-83931-C7Z. thereinafier referred to as the “Litigetion”).

RECITALS

WHERIAS, Barrewer entered into a Buy and Sell Agreement with Great Lakes Broker
Funding LLC, attached hereto as Exhibit A, whereby Borrawer agreed to purchase certain real
property located in Genesee County, Michigan for $290,000 (hereinafter referred to as the
“Purchase Transaction’),

WHEREAS, Borrower entered into a mortgage loan transaction whereby Byrrower
received 8 warranty deed from Great Lakes Broker Funding LLC for certain real property located
in Genesee County, Michigan, which is recorded as Instrument No ce
attached hereto as Exhibit B, and granted a mortgage to IndyMac Bank, F.S.B. (hereinaficr

referred to as the “Mortguge’’) on certain real property lucated in Genesce County, Michigan,

which.is.recorded-as-instirument-No| }eith the Register of Deeds of Geneser

County, Michigan, arid attached hereto as Exhibit C, (hereinafter referred to as the “Morfgage
Transaction y;
WHERLAS, EDIC has asserted claims in the Litigation agaiast the Borrower and others,

and

(b)(6)


Page 7

instrument. The parties also agree that, without receiving further consideration, they will sign
and deliver such documents and do anything else that is reasonably necessary in the futere to
make the provisions of this Agrcement effective.

10. Geverning Law. This Agreement shall be govecned by and construed in
accordance with Michigan law (excluding any conflict of laws nile or principle that might refer
the governance or construction of this Agreement to the law of another jurisdiction), Nothing in
this dgreement shall require any uolaw!ul action or inaction by any party hereto.

11. Severability. [f any portion of this dereemen: is found to be unenforceable, the
parlics desire that all other portions that can be separated from the uneolorccable portion or
appropriately Limited in scope shall remain fully valid and enforceabic,

12. Representation. No representation or warranty has been made by ar on behalf of
any party to this Agreement (or any officer, director, employee or agent thereof) to induce any
other party to enter into this Ayreement or to abide by or consummate any transactions
contemplated by any terms of this dgreement. except representations and warranties, W any,
expressly set forth herein. In entering into this Agreement, the parties hereto represent that they
had the opporlunity te proceed with the advice of un attorney of their own choice, that they
completely read the terms of this Agreement, and dhat those terms are fully understand and
voluntarily accepted by the parties.

13. Integrated Agreement; Exhibits. This Agreement and any Exhibits hereto set
forth the entire understanding between the parties concerning the subject matter of this
Agreement and incorporates all prior negotiations and understandings. There are no covenants.
promtises, agreements, conditions or understandings, either oral or written, between them relating

to the subject matter of this Agreement other than those set forth herein,


(b)(6)

Page 2

WHEREAS, to avoid any further expense of lidgation, Borrawer and FDIC voluauvily
enter inte this Agreement.

in consideration of the above and for such other good and valuable consideration, the
sum and sulliciency of which is hereby acknowledged and based on the mutual promises and
wondilions contained herein, Borrenver and FDIC agree as follows:

i Recitals. The above Recitals are incorporated herein by reference and made a
part of this dereement.

2. Interest in Real Property. Borrawer shall wansfer and convey to FDIC any and
all interest obtained by Barrower, as a cesult of the Purchase Transaction. the Mortgave

Transactioa, or any other transaction, in the real property described as:

(hereinafter referred to as the “Propery”). Borrower agrees to execute and deliver such
documents necessary to transfer any and all interest held by Borrower in the Property to FDIC oc
its designated party and to do anything else that is necessary in the future to ensure that any and
all interest held by Borrower in the Property is transferred to FDIC or its designated party
Borrower expressly agrees that the execution and delivery of the documents necessary to transfer
any and all interest held by Borrower in the Praperty io FDIC shall not in any manner be
deemed a merger with or extinguishment of the Averigage, or a release of the debt secured by the
Morigege. Vre Mor(gaye shail be and remain in full force and effect according to its terms for
purposes of foreciosing the Afortgage should FDIC in its sole discretion, determine to de so.
Borrower shall execute a deed in lieu of foreclosure to FDIC or any entity designated by

FDIC. The deed in licu shall be ina form acceptable to FDIC and will not merge the Mortgage

td



Page 3

with ownership. A true and accurate copy of the deed in Heu is attached hereto and incorporated
herein by reference as Exhibit D. Barrawer agrees that it may be necessary for FDIC to
foreclose the Mortgage even though the Borrower has executed a deed in lieu. Borrower also
expressly agrees that Horrawer may need to execute and deliver documents in addition to the
deed in Neu in order to fully comply with this paragraph. and agrees to fully cooperate with and
to perform any additional acts necessary to ensure that any and all interest in the Property
obtained by Borrower as a result of the Purchase Transaction, the Merigage Trunsuction, or any
other transaction is vested in FOC oc its designated party.

3. Dismissal and Release. forrewer and FDIC, through counsel, shall execute a
Dismnissal sith Poyadice and without casts or atiomey’s fees (© any party regarding all claims
asserted by / DIC against Borrower in the Litigation and a Stipulated Order for Dissolution of
ibe Preliminary lajunction dated June 5, 2006 as to Borriaver, and be parties shall release one
another as follows.

For and in consideration of the terms and conditions of this dyreement, Borrower and
Barrower'y estates. hetrs, fiduciaries, and assigns, jointly and severally. do absolutely and
unconditionally release FDIC, its officers, directors, shareholders, employees, agents. affiliates,
guccessors and assigns, jointly and severally. from any and all claims, demands, actions ar causes
of action, of whatever nature or description, knawa ar unknown, now existing or herealter
acquired, and whether or not asseried in the Litigation, which Burrawer had, has, claims to have,
or may henatler acquire agains! FDIC arising out of the facts and circumstances alleged in the

ization.

For and in consideration of the terms and conditions of this Agreement, FDIC, its

officers, directors, shareholders, employees, agents, affiliates, successors and assigns, jointly and

ue