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No. 2007-08040 

The Fedenal Deposit ~Corporation as § 

Receiver fur IndyMac Federal Bank. FSB § 

v. 

T.teor Titl~ :Insurance Company; AmeriPoirtt 

Title Houston; Raul ~ Boehck 

Mortgage Company; Michael A. Moten; 

Clwtes R. Davia; James B. Banb; 

B .Tntereses. Inc. d/b/a Fim. Houston 

Appraisal; Denise G. Bradford; Telron C. 

Bradfonl; Kdli L. Zintpaff a/kla K.clti L. 

Aikin; Ryan E. Zintgraff alk.a Ryan E. AJlcin; 

Steven Bowen; Diane C. Fitq>atrick d/b/a 

Fitzparrlck & As$00iates and DC Consultants 

Buildcns, J.oo.; Ron Wilson alk/a Ronnie 

Wilson; Tina Wilson; Curley Sob.Mon; and 

Michael Levitin. 

Defendants. 

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IN THE DISTRICf COURT 

333RD JUDICIAL DISTRICT 

HARRlS COUNTY, TEXAS 

SETTLEMENT AGBEEMENT AND PLEASE 

TillS SETTLEMENT AGREEMENT AND RELEASE ("Settlement Agreement; is 

mtm into on its date of execution by. 

"Claimant": 

.. Defendants": 

FEDERAL DEPOSJT INSURANCE CORPORATION AS RECEIVER 

FOR INDYMAC FEDERAL BANK, FSB 

JAMES B. BANKS; 8 INll!RESTS, INC. DiBIA F.mST HOUSTON 

APPRAISAL 

RECITALS 

A. Def'endmus perfonn«t an appraisal of property located at 18952 Harbor Side Blvd., 

Montgomery. Texas m56 (the "APPRAISAL"). 

B. IndyMac Bank, FSB received the APPRAISAL when it made two loans to a 

bmrower to purohase the property located at 18952 Harbor Side Blvd.. MolltgOl'D<>zy, Texas n3S6, 

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C. Disputes arose between JndyMac Bank, FSB and Defendants reganfing tbe 

APPRAISAL and IndyMac Bank, FSB filed the above-entitled lawsuit. 

D. ~ac Bank. FSB also filed a complaint against Defendants with the Texas 

Appraiser Licensing and Certification Board {"T ALCB"). 

B. lndyMac Bank. FSB no longer exists. Claimant did not file the complaint with the 

TALCB. is finally settling its claims with Defendants. has no intercsC in any prior complaint. and 

bas not sought to file its own complaint with the T ALC8 against ~ts COI'1Cen'ling the 

APPRAISAL. 

F. The Claimant and Defendants (Claimant and Defendants are hereafter referred to 

singularly u ~ or collectively as the "Parties") have agreed to a settlement of the claims and 

causes of action asserted, or tbat could have been asserted against Defendan~s., in the above-entitled 

and numbered. cause ("the Litigarlon"). 

0 . This Seulement Agreement is in filll settlement and discharge ofaJl matters asserted 

in or related to the Litigati~ and all unasscrted but paten~ matlm of controversy that oould have 

been brought in the Lltiga.Uon by Claimant against Defendants., or by Defendants .nst Claimant 

H. Claimant and Defendants desire 1o enter into this Settlement Agrecrnent in order to 

provide fbr the agreed-upon payment in full settlement and discltarge of alJ claims by Claimant 

against ~ and by Defendants against Claimant, which aret or might have been, the subject 

of tho Litigation. upon the t:enm and conditions set forth herein. 

NOW nJERBFORE, in consideration of the mutual promises set IOnh herein, and other 

good and valuable consideration. the receipt and sufficiency of whidl are hereby aclcnowledgedt lhe 

Parties, intalding to be legally bound, hereby agree as follows: 
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AGBEEMR!I 

1. <Jd\lMANT'S rug,EASE AND DlSCHAR~ 

In oonsidemion of the payment called for herein. the Claimant for itse1ft its pndecessors, 

successon~, assigns, agents. representatives, beneficiaries, employees, associates. affiliates, 

partners, partnerships, limited partnerships, limited lia.bmty partnership&. corporations, 

professional cmporations, companies, limited liability companies, firms, entities, insunn, and/or 

attorneys (hereinafter collectively referred to as "Claimant") hereby oompletely releases and forever 

discharges Defendants, their agents, officers, shareholders. directors, representatives, i~ 

employees. and attorneys (herdnafter colb;tively refer.rcd to aa "Defendants'? from any and all 

~ present or future claims, demands, damages, expenses, obligations, actions, causes of action, 

rights. liens. subrogation interests, and compensation of any nature whatsoever, whether based on 

tort, ~ statute. or other theory of recovery, which the Claimant now has. or which may 

hereafter accrue or otherwise be aequired, on account of, or in any way growing out o( or which are 

~ subject of the APPRAISAL. By this Settlement Agreement, Clainumt does not release, and 

expmsly preserves fully and to lbe same extent as if the Settlement Agreement had not been 

executed, any claims or causes of action that do not arise from or relate to the APPRAlSAL. 

2. DmNDANTS' REWSE AND DJSCH,ARGE 

In consideration of the release and dismissal of Claimant's claima herein. Defendants for 

tbcmsclves, their pmlec:essors, ~ assigJlS, agents, teprc:aentatiYe$. beneficiaries, 

employees, assooiates. affiliate$, partnerS, partnerships, timited :partnership~ limited liability 

partnershipS; corporati~ professional corporations, companies, limited liability companies. finns. 

entities, insurers. and/or attorneys hereby completely release and forever diwbarge lndyMac Bank, 

FSB. IndyMa.c Federal Bank, I•'SB, Federal Deposit Insurance Corporation as Receiver for JndyMac 
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Federal Bank. FSB and as Conservator for lndyMac Federal Bank, FSB, and their agents, offi~ 

sbarebolders. directors, representatives, insurers, employees. and attorneys from any and an past, 

present or future claims, including but not limjted to claims for attorney fees and sanctions, 

demands. damages, expenses, obligations, actions, causes of action, rights, li~. subrogation 

inten:sts, and compensation of any natutc whatsoever, whether based on tort, contract, statute; or 

other theory of recovery. which the Defendants now have, or which IMY hen:mfter accrue or 

otherwise be a.cquj~ on account of. or in any way growing out of. or which are the lubject of the 

APPRAISAL. 

3. INDBMNlFJCATIQN AND ASSIONMEN'f 

In further consideration of the payment of the sum expressed below, Claimant agrees ro 

HOLD HARMLESS and INDEMNIFY the Defendants up to, but no more than Fifteen Thousand 

and No/100 Dollars ($15.000.00), from any and all future obligations, liabilities or claims which 

may ever be asserted by anyone claiming by, through, on behalf o( or ~er the Claimant who 

owned or bad an interest in the loans subject to this litigation; arising out of, resulting fi'om, or in 

any manner rdating to the APPRAISAL. 

4. PAYMJ;NT 

Within thirty (30} days of the effective date of Ibis Agreement. in consideration of the 

Release set forth above, it is agreed that Defendants shall cause to be made a cash payment in the 

total amount of Fifteen Thousand and No/100 DoJlars ($15,000.00) made payable to the FDIC as 

Receiver for IndyMac Federal Bank, FSB. 

S. ATTORNEY'S FEES 

Eadl Party hereto shall bear all attorney$ fees arising tmm the actions of its own counsel in 

connection with the UtigatiO!lt this SettJement Agreemem and the matters and documents referred 
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to herein, alld aU related matters. 

6. WARRANIY QF CAPACITY TO EXECUTE AGREEMENT 

~ Claimant represents and warranm that no other person or entity has any interest in the 

claims, demands. obligations orcawes of action referred to in this Settlement At:reement. except as 

otherwise set forth herein; and that the Clajmant llas the sole right and exclusive authority to 

execute this Settlement Agreement and receive the sums specified jn it; and that the Claimant bas 

not. sold, assigned. transferred. conveyed or otherwise disposed of any of the claims,. demands, 

obligations, or causes of~ referred to in this Settlement Agreement 

7. ENTIRE AGREBMBNTANP Sl.lCGJ~SSQRS lN INTEREST 

This Settlement Agreement contains the entire agreement between the Parties with regard to 

the matters set forth lM:rcin and shaJl be binding upon and inure to the benefit of the exeout<m, 

administrators. personal representatives. heirs, successors and assigns of each. 

8. REPRESENIAIJQN Qf COMPREHENSION Of DOCUMENT 

In entering into this Settlement Agreemc:nt, the Parties repreaent that they have completely 

read the tern~$ of this Settlement Agreement, that the terms have been fully explaittcd to the Parties 

by ~ respective attorneys, and that all terms of this Agreement are fuJly understood and 

voluntarily acx:epted by them. 

9. QQVBRNINO LAW 

ThiiS ScttJemcnt Agreement shall be construed and interpreted in accordance with the laws 

ofthe State ofTdas·. 

10. ADDrrlQNAL DOCUMENTS 

JO.l All the Parties agree to cooperate fully and execute any and all supplernc:ntary 

documents and to tako all additional acti<mS that may be necessary or appropriate to give full force 

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and effect of the basic tetmS and intent of this Settlement Agreement. 

10.2 None of the Parties released have made any representations concerning. nor shall 

they be responsible in any mamter for, the income tax co~ to the Claimant by reason of 

the Claimant's execution of this Settlement Agreemem, or any payment made pursuant to this 

Settlement Agreement. 

11. EFFEC'IlVENEss 

This Settlement Agreement shell become effective following execution by the Parties 

herein. 
(b )(6) 

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CAUTION: BEAD miS BEFORE SlGNJNG 

IN WITNESS \VHEREOF., the Parties and undenigned hereto, intending to be legally 

bound, have consented to and executed this Settlement Agreement on the dates set forth below. 

THE FEDERAL DEPOSIT INSURANCE 

CORPORATION AS RECEIVER FOR 

INDYMAC FEDERAL BANK, FSB 

·······························By:..a..f_···· ------.&....---

Its: Co u ~~« { 

c,.,~~~ 

Date: &. i\A ~--y c2 ~ 2009 

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

S~OF Vi!'JI-tV'-

COUNTY OF A-t-1-)fi!!D 

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Before me, the undersigned authority, on this day penonally appeared .AfsL.MO $. Ci1t 

known to me to be an authorized representative of the FDIC as Receiver for lndyMac Fedttal 

Bank, FSB, whose name is subscribed to the foregoing instrument through a current 

identification card issued by the federal government or any state government that contains the 

photograph and signature of the acknowledging person, and acknowledged to me that he/she read 

and understood this Settlement Agre<:meot and executed the same for the purposes and 

consideration herein expressed, 4 ..,.... ' 

Given under my hand and seal of office this ' day of J~, 2009. 

My commission expires: 

u .. ao-~to 

J·························································· I 

NOTARY P~'fiiijF \tkfYAtW... 

.St»t.n Sc;b.i~M't Printed Name ofNowy Public 

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JN WITNESS WHEREOF, the Parties and undersigned hereto, intending to be JegaUy 

bound, have consented to and ~ecuted this Settlement Agreement on the dates set forth below. 

(b )t61---·- -----·································· ............................ . 

STATE OF TEXAS 

COUNTYOP l-lc-rf ,· 5 

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B INTERESTS, INC. D/B/A FIRST HOUSTON 

APP ... - . .,.~ .... 

Before me, the undersigned authority, on this day personally appeared ,\~f'A. c 5 l?J&ik 5 

known to me to be an authorized repreaentative ofB Interests, Inc. d/b/a First Houston Appraisal, 

whose ·name is sulncribed to the foregoing instrument through a current identification card issued 

by the tedetal government or any state government that contains the. photograph and signature of 

the acknowledging person, and acknowledged to mo that he/she read and un<lerstood this 

Settlement Agreement and c:xeeuted the same for the purposes and consideration herein 

expressed. 4.(5 0 C 

Given under my hand and seal of office thi$ 13 day of~ 2009, 

( b ) ( 6) m «mmm««««m m ««mm«««««« m «mmm««««m m ««m<l «««« m «mmm««««m 

~NUIT'I'TI""l''ARTli"CV"""P~'~"O~B"t-nrc"!"'E:"s''I'!"IArot"'E!rol"'\'''!!'F""TEXA"'""~s-.J--

=:t> ·, s... , __ .., ~e ~ Printed Name ofNotaly bhc 

My commission expires: t.,J / :;2 tf /!)o6 

® ON ,~.,. otANA OElE .vr .... 

/1 HQialy Puillic, SlaW Ol Tm$ 

~j MyOllrtoisaiM ~ee ~-0013 

~~ 
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STATE OF TEXAS 

COl.NIY OF ld Ct. Y 'I I 5 

............................... , 

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§ 

Before me, the undersigned authority, on this day penonally appeared J~ Brian ~ 

known to me to be the person whose name is subscribed to the foregoing instrument through a 

cumnt identification Card issued by the federal government or any state government that contains 

fhe photograph and signature oftbe aclmowledgipg person, and acknowJedged to me that he read 

and undcntood this Seule.mcnt .Agteemem and executed the same for the ptli'JlQSCS and 

ronaideration herein expressed. 

SUBSCRIBED AND SWORN TO before me on this _t2L day of f/v_;utJf , 2009. 

My commission expires: lj( {) t/ j%) /?.. 0 . ../ 

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NOTARY PUBUC STATE OF TEXAS 

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