SETTLEl\-iENT AND ~LEASE ~~GREEl\fENT ~ . . ~i-k 

This Settlement and Rdectse Agreement ("Agreement::) is made as ofthis )_~_~day of 

September) 2013, by; between, ~'l.d among the following undersigned parties; 

TI1e P!ainti.ff:Ji"e<,teral Deposit Insurance C~rporation as receiver.ofBa.'l'lkUnited: F .S.B. 

e~FDIC-Rn) and Van_D, Jackson, P .. c. and Van D. Jackwn in his individual capacity (me 

"Settling·Defendants") .. (Individually the FDI.G-R and the Settling D~f~n;dants 1nl$y be referred 

REClTAl .S 

WHEREAS: 

Prior to May 21, 2009,... BarkUnited, .F.S.B. e--Ba.nk") was a de:Po~ tory institution. 

org-c.nized and :ex1s:t:ing ·under the·la\vs oHhe United St~ie8; 

On May 21, 2009, the Bank was closed by the QffirenfThrift Sup~Ii'iSion tuid P.JJrsuant 

to 12 U.S. C.§ l.S.2l(c), the FDIC was appointed tece:iv~r, In accordatt~with 12 U.S:C. § 

1. 821 (d), the FDIC<R as recciv.~ succeeded to all rights,· titles~ powers and p:rivileg~s of the . BaPk. incluciiug those with respect to its assets. 

Among_the assets to which the FDIC as-receiver s~.;.--c-ee.eded were any and all ofthe 

Bank's claims, demands. and causes of action against its closing agents arising :fi:oni the 

and acts on behalf of the ank~ 

On M~y 17,20121 the FDIC filed .a complaint for m.cmeydamages ag~nst the Settllng 

Defendruits. Those C:Jaims for damages arc ·now pending in the UPited States Dist:rici Court fur 

the Nortl1ern Distri:ct of.Gcorgiu in FDIC-R BankU1J.ited, P~E v, Vm~ D. Jackso1~, P. C. et at., 

Case No_ 1: l2-cv.~O 725-RWS (the .. Actionn),. Tne Settling Defendants have denied liability for 

the FDIC's claims. 

The undersigned parties deem it i:n t.hci.r best interests to cn.tedt1to this Agreement t(J 

avoid th.e·uncertainty •. trouble, and expense· of fiuther litigation. 

NOW, THEREFORE, in eQnsideration of-the promises. lmdertaking'S) _pa;tmentsy and 

.! 

~· . 
releases stated herein, the suffi.dency of which consideration is hereby acknowledged, the 

undersigned p&--ties agree, each with t,;,~c other~ a~ follows: 

agree to pay L~e FDIC~R th~ sum of $2l0,000 (t'the Settlement Funds~~), payable •.vithi:n thirty 

(30) days of receipt ofthe executed settlement agreement 

B. TheSettleme..'"lt Funds shall be paya.ble a:nd delivered to .Morris Ma.'l!ling & 

lvfu...rtin, 1-LP in. trust.. 

C. In :a.dditinn} and. without wai'ving any other rights t.hat the FDIC-R may have> .in 

the event that all Scttlema.1t.Funds (including aU accrued irrterest) are not received by the ~f.'DlCR wifhin the tirne set forth in Paragraph LA., tb.cn, with respect to the Settling Defend.a:.1.ts~ the 

FDIC-R} in it.-: ~-Jle di.screti0l11 sballhave the right .at any ti:me prior to receipt of r-JJ Settlement 

.Funds to .ded.are this Agreement null and void, shaH havethe.rightto extend this Agreement for 

any period oftitne until it. receives aU Settlement Funds, and/or shall have the right to enforce 

this Agree1ncnt against the Settling Defendants. Any decision by the FDIC~R to extend the 

teJ.ms of this Agreerrtent or to accept a portion of the. Sett1en:J.ent F.U11ds shaH not prejudice its 

rights to declare this Agreement nun and void \vith respect to the Settling Defendants at m'ly time 

prior to .receipt of all Settlement Fw'"H.is {induding all acc~.1ed h'1terest) or to enforce the tenns of 

th.is Settlement Agreement; orovidcd however. that in. the event the FDIC-R rkc:lares this ~ . ~ .. 

Agreement nul! and void~ the FDIC-R wiU return all amolli"1ts paid to it m:~.der this Agree.me:rlt by 

the Settling l)efend~nts. bum event shiill t}le FDIC-R declare t11is Agreement nuH and void if 

ilie SeLtlu1.g Defendru.1ts have deUvered the Settlement F't~.nds within the time st.~f'Qrth in 

Paragraph I.A. 

Upon cx.ccutio!J.. ofthis Agreement by each of the undersigned Parties~ and receipt cfthe. 

Settlement Funds tlu.:: Fl)lC~R shall di~-niss the Action.. The undcrsi~ed parti.es a~ to enter 

stipulatio.n(s) pn:rvidhtgthat the dismissal.(s) set fu.rth above shall be with prej\Jdice, with. each. 
party to bear its ov.n costs as these were originally incurred. 

SECTION Ill: R~l~as~s 

A. Rd~e of the SettHmt Defendant~ bvJ?.QIC~R. 

Effective \ipon receipt in t'JU of the Settlement Fuj.1ds, plus any acc.roed interest, and 

except as proVided in PARAGRAPH HI. C., the FDLC-R hereby releases and discharges each of 

the Settling Defendants and their respectiv'ehcits~ executors, administrators, representatives~ 

assi~'S, att0.m.eys.r members;..shareholders. orpru.iners (including individuals, limited liability 

corporations orp·.mfessionru corpm:ations), emple:yee~) and their insurers (including but not 

limited to .P:roAsslliance), from any and all claims, damage.s~ actions, .and cau.ses of action, in law 

or in equity, belonging to the FDIC~R and arising from the operations of the Bank~ inehuiing 

-.v:ithout Jim.itation the causes of action related to the clailn described herein or related to the 

Loan. 

R RyleaseofFDIC~R 'bvthe Settling Defenda.'lts. 

Effective simu1ta.-:leous1y \Vitb the rdease granted .in PARAGRAPH IILA above, the 

Settling Defendants} on heMJ:fofthemsclvcs individually, and their respective heirs, executon;l 

administrators,. agents; rep:rese.ntntiv:es~ successors. and ~sigr.s, hereby release a.id discharge 

.l:'DIC-1\, and its emplvyees-s officers, directors~ representatives, successors a.t1d assigns; from any 

and ail claims, demar.~ds,. obligations~ damages, actior.LS~ and causes ofaction~.direct.orhxlirect~ il'J. 

1. Notwithstanding a:ny other provisiot'l, by this Agteement, the FDIC ... R does not 

rel~ase, and exprc$sly pre$crves fully and to the same extent as if the Agreen1ent had not been 

C1tccutcd, any claims or causes of acth:ni: 

a. against the Settling Defen.clrutts or ruty oilier person or entity f<~:r liability~ if 

any, incurred as the maker} endorser or guar.ru:ttor of U.".l.Y promh~:Sory note or indebtedneB;s 

payable or ow~d by th~ to FDIC~R! tlw B~J;;. ot.1.er financial inst1tutions, or ::m:y other person 
or entity, including without limitation auy d~ims acquired by FDIC-R as succ~.s~m:ini.uterest to 

the Bank or any per;lon or enrlty other th~n Bank; 

b. against any person or entity .not expressly rei~scd in this Agrcexncnt; and 

c. vv-hich r.re not expressly rele.ased in. Paragrr~phs III.A. 

2:. Notwithstattding any other provision} nothing in this Agreement shall be 

construed or: interpreted. as limiting, waivin,& re!ea.Sing or compromisi!lg the jurisdiction and 

author-ity oftbe FDIC in the exe.rdse ofits supervisory or regulatory auL'I:mrity or to diminish its 

ability to i:nstitut~ administrative en.forcement proceedings seeking removal, prohibition or any 

cth.er ad.':nirustrative enfOrcement n(.ilOll.:. which may arise by operatio1~ oflaw, rule orre&,rulation. 

3. Notwithst~"lding fu"ly other provision, this Agreement does not purport to 

w~ive~ or intend to waive~ any claims which. could be brought by the United States. through either 

Florid~ .. or any other federal judicial district. In addition~ the FDIC-R specifically reserves the 

right to seek court ordered restitutkm pursuant to the releva.tjt provisions of~-;e Victim and 

"i'ir· ·p t ·• ". ·1g~··rcc R·'~~""' ··,c. · ... V~ n.nes.,o;, TO eClJOU r~CLr- :. U.L"'. • ;.; ,,v\.~:J, e· ... St?g., ll apprppnthe, 

SECTION IV: RepreS:entatio.ns and Ac:knowifdgemenu 

A, N_q_AdmissiongfJ.iahiHtv. The undersigned parties each acknowledge and .agree 

that the matters set furth fn this Agreement constitute th~ settlement und compromise of disputed 

claims, and that this Agreementis not an. admission or evidence ofliability by any ofthem 

regarding any da1m. 

B. Execy_tionjn Countcmarts. This Agreement may be ex~cuted in co'tmter:pa$ hy 

one .or more of the parties named herein ~md all S!Jch counterparts when so exe-cuted shaH 

together constitute the :final Agreenu::r.it~ as if one document 'b..ad been sign~d by an parties hereto; 

m1d each such oounte1part, :upon execution and deljv~, ~hn.ll be deer.ned a complete odginai~ . . 

binding the pruty .or p~uties subscribed th~cto upon the .execution by all parties to this 

Agreement 

C. Binding Effect Each of the undersigned persons represents and warrw.1ts that . 
they are a pan.y hpteto ~r ~re autliQrizoo to sign this Agreement·on behalf of the respective pa-ty, 

atlli that theyh.ave. the .full power and authority to hind su.ch party to el:l.Ch and every p.n::vision of 

this Agt~~~nt This Agreellleht shaH he binding up.un and hmre.to tr~e bcrnefH qfthe 

undersigned pa.'iies and:tht.-ir respective lteirs,:executors, admkJ.strators, representatives> 

sucaessors and assibrn-s. 

D. Choice,.gftaw. Tili~ Agreement shall be interp d~ construed and enforced 

according to appH·cab1efeder.allaw, or in its :abser'l.re1 the laws of the State of Georgia. 

:h. h~ ,Agreement and Amendrnents. This Agreement constitutes the entire 

agrecrnent and 1.mderstanding between and atno~g the undersigned partieS conCerhing the matters 

9et fbt*ll hatein. ··nm Agre-ement may nofbe amended or rn:odifie.d except· by another writw..l 

in,strurnent signed by the party or parties. to- he bound thereby) or by their respective authorized 

attnrney(s) or other represcntative(s). 

F. Re!lsona'bi e C_Q_oper ation. The lind ersigr1ect patties agree to cooperate in good 

fuith to effect;Jate aU the terms aml conditions ofthis Agreement, including .d.ohtg or causing 

their agents and attomeys to do, ·\.¥hat ever is t~asor.ab y necesS"'~Y to effectuate the -Si.gning) 

delivery; .execution, fiE n~, re.cQrdin~ and entry, of any documents necessary fo conciude·the 

Action~ and to otherwise :perform the terms of this Agreement. 

G. Ad vic~ of oun~r;.~.. Each party hereby acknowledges that .it has consulted wiL~ 

and obtained the advice of counscl prior to e:t.Cecutingthis Agreement, a:nd that this Agreem.ent 

has been explained. to that party .by its c.ounsel. 

IN \VlTNESS WHEREOF. the parties hereto have caused this. Ag.reanent to be· executed 

by each of t:.~crn or their duly authorized re:pres:cntatives on the dates hereinafter subsoribed. 

FEDERAL DE.PO:SIT INSURANCE CORPORATION AS 

RECEIVER FOR BANKUNITED FSB 

BY~ I . . TITL~: , -~~, a... A-~~.-t::!::J PRn-'T N" [1. 1"1E· --r--"'""' -... L ) ~r / ~ ~:~tuv. , --~~ .. ~;. ....... ~~,~ ... 
. V.d\.N D. JACKSO~ 

.BY: 

TITLE: ·«.:..... .. -~~ 

PRLNTNAME: --v~-:0.-iac~ou, individually and on 

hehalfofVan D. Jackson, P.C.