SETTLEMENT A~"D UKLEASE AGRREMENT 

This Settlement and Release Agreement ("Agreement") is made as of this ~.l<iay of 

September 2013, by, between, and among the fo llowing undersigned parties: 

The Plaintiff Federal Deposit lnsun.mcc Corporation as receiver of Bank.United, F.SJ3. 

("fD lC~R") Md Delsy PereL~Mena, P.A. (the "Settling Defendant"). (Individually the FDTC-R 

and the Settling Detendanl may be referred to herein as " Party_," and collectively as the 

"Parties.") 

RECITALS 

WITEREAS: 

Prior to May 21, 2009, BankUnited, F.S.B. ("Bank'') was a depository institution 

orgnnized and existing under the laws of the United States; 

On May 2 l , 2009, the Bank was closed by the Onice ofThrifl Supervision and pursuant 

to 12 U.S. C. § 182 1 (c)~ the FDIC-R was appo inted receiver. rn accordance with 12 lJ.S.C. § 

1821 (d), the FDlC-R as receiver succeeded to all rights. titles, powers and privileges of the 

11ank, including those with respect to its assets. 

On May 17, 2012, the FDIC-R filed a complaini for damages against the Settling 

Defendant. On May 21,2012, the FDlC-R filed an Amended Complaint for damages against the 

Settling Defendant. Those claims for damages are now pending in the United States District 

Court for the Central District of florida in FDJC-R Bank Unite'/, n;;;B v. DeL\y ferez-Mena. f>.A., 

Case No. 1 :12-cv-21843-UngarotTones (the ''Action"). The Settling Defendant bas denied 

liability f()r the 1-'DIC's claims. 

The undersigned parties d~cm it in their hest interests to enter into this Agreement to 

avoid the uncertainty, trouble, and expense of further litigation. 

NOW, THEREFORE, in consideration of the promises, undertaki ngs, p ayments, and 

releases starc.d herein, the sufli ci~nc. y of which consideration is hereby acknmvlcdged, the 

undersigned parties agree. each with the other. as I()Jlows: 
SECTION I: Payment to FDIC 

A. As an essential covemmt and condition to this Agreement, the Settling Defcndnnt 

agrees to pay the JiDlC-R the sum of$20,000 (''the Settlement Funds"), payable as follows: 

$1 0,000.00 upon the receipt of the executed original, or originals in counterpart, of this 

Agreement by each of the undersigned Parties to this Agreement; followed by four (4) separate 

payments of $2,500.00 each, wtating $10,000.00. The first payment of $2,500.00 is due lwo (2) 

weeks after the payment of the initial S 10,000.00 payment referenced above. The second 

$2,500.00 payment is due two (2) weeks a.tkr the tirst payment of $2,500.00 is paid. The third 

$2,500.00 payment is due two (2) weeks after the second payment of $2,500.00 is paid. The 

four!h and final $2,500.00 payment is due two (2) weeks after the third payment of $2,500.00 is 

paid. 

B. The Settlement Punds shall be payable and delivered to FD[C-R counsel, 

Welbaum Guemsey, via certified check. 

C. In addition, and \Atithout waiving any other .rights that the FDIC~Rmny have, in 

the event that all Settlement funds are not received by the 'fDTC-R on the dates set forth in 

Paragraph LA., then, with respect to the Settling Defendant, the FDJ , in its sol e discretion, 

shall have the right to declare this Agreement null and void, shall have the right to extend this 

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

right. to enforce this Agreement against the Settling Defendant, in which event tbe Settling 

Defendant agrees to jurisdiction in Federal District Court in Floriua anJ agrees to pay all of the 

FDJC's rea-;onablc attorney's fees expended in enforcing the terms ofthis Agreement. Any 

decision by the FDTC-R to extend the terms of this Agreement or to accept a portion of the 

Settlement Funds shall not pr~;udicc its rights to declare this Agreement null. and void with 

respect to the Settling Defendant in the event that all Settlement Funds arc r.wt received by the 

FDIC-R as l>et forth in Paragraph l.A. or to enforce th~ terms of this Settfcment Agreement; 

provided however, that in the ~ven t the FI)TC-R declares this Agreement null and void, the 

FD[C-R will return aiJ amounts paid to it und(.'r this Agn: cm~nr hy the Settling Defendant. In no 
event shall the FDIC-R declare this Agreement null and void if the Settling Defendant has 

delivered the Sctllement Funds on time as described in Paragraph LA. 

SECTION U: Stipulation and Dismissal 

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

Settlement Funds the FDIC-R shall dismiss the Action. "The undersigned parties agree to enter 

stipulation(s) providing tb.ot the dismissal(s) set forth above .shall be with prejudice, with each 

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

SECTIO.l\" III: nclcascs 

A. Releas~ of e Settling Defendant and Delsv Perez. Mcna bv FDIC. 

EfTective upon receipt in full of the s~tt emcnt funds and dismissal descri bed in 

SECTION(S) I and If abo ve, and except as provided in PARAGHAPH m.c., the FDIC, tor itself 

and its su~cesso rs and assigns, hereby releases and discharges the Settling Defendant and Dclsy 

erez~M ena, the individual, and her respective heirs. executors. administrators, representatives. 

successors and assigns, from any and all claims, demands, obligations. darnages, actions. and 

causes of action, direct or indirect, in Jav,· or in equity, belonging to the FDlC, that arise from or 

relate to, the claims and a llegations set forth in the Action. 

0. .R.~lease of FDI(:R by the Settling Defendant and Dclsy Perez Me.oa. 

Effective simultaneously with the release granted in PARA GRAPH UI.A. above, the 

Settling Defendant and Oelsy Percz-Mena, on behalf of herself individually, and her respective 

heirs, executors, administrators, agents, representatives, successors and assigns, hereby release 

and dischnrgc FDTC, and its employees, officers, directors, representatives, successors and 

assigns. from any and all claims, demands, obligations, damages, actions, <md causes of action, 

direct or indin.:ct, in law or in equity, that arise from or relate to, the claims ;md all egations set 

forth in the Action. 

C. E:mrcss Reservations From RclcQscs Bv FDTC. 

1. Not\vithsranding any other provision, by this Agreement the FDIC-R docs not 

release, and expressly preserves fully and to tbe snmc extent as if the Agreement had not been 
executed, any claims or causes of action: 

a. against the Settling Detendant or uny other person or entity for liability, if 

any, incurred as the maker, endorser or guarantor of any promissory note or imkbtcdness 

payable or owed by them to FOlC, the Bank, other financial institutions, or any other person or 

entity, including without limitation any claims acquired by FDTC-R us successor in interest to the 

Bank or any person or entity other than Rank; 

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

c. which are not expressly released in Paragraphs 111.1\. 

2. Notwithstanding any other provision, nothing in lbis i\ greement ~ha ll be 

construed or interpreted as limiting, waiving, releasing or compromising the jurisdiction and 

authority of the FDIC -R in the exercise of its supervisory or regulatory authority or to diminish 

its ability to institute administrative ent()rcement proceedings seeking removal, prohibition or 

any other administrative enforcement action, which may arise by operation of law, rule or 

regulation. 

3. 1\otwithstanding any other provision, this Agreement docs not purport to 

waive, or intend to waive, <my c laims \ovhich co uld be brought by the United States through either 

U1e .Department of Justice. the United States Attorney's Ofiice for the Sonthem District of Florida 

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

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

Protection Act, I 8 U.S.C. § 3663, ~L ~ll, if appropriate. 

SECTION IV: Representations ~md Acknowledgements 

A. No .Admission of Li?,biUty. The undersigned partie-s each acknmvlcdge and agtee 

that· Lhc matters set forth in this !\greemcnt constitute the settlement and compromi!Se of disputed 

claims, and that this Agreemen t is not :-~n adm ission or evidence of liability by an.y of them 

regarding any claim. 

B. g.l'cc uljprr.in.._ ounrerparts. This ;\grccment may be executed in c.ountcrpm:1s by 

one or more of the parties n.ru11ed herein and all such countt::rparts when so executed sh::dl 

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together constitute the final Agreement, as if one document had been signed by all parties 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. Binding Effect. Each of the undersigned persons represents and warrant~ that 

they are a party hereto or are authorized to sign this Agreement on behalf of the respective party, 

and that they have the full power and authority to bind such party to each and every provision of 

this Agreement. This Agreement shall be binding upon and inure to the benefit of the 

undersigned parties and their n:spe<.:tive heirs, executors, administrators, representatives, 

successors and assigns. 

D. ~hQ~e of Lftw. This Agreement shall be interpreted, construed and enforced 

according to applicable federal law, or in its abscnc~, the laws of the State ofFloriJa. 

E. Entire Agreement and Amendments. This Agreement constitutes the entire 

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

set forth herein. This Agreement may not be amended or modified except by another \Hittcn 

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

altorney(s) or other rcprc.scntative(s). 

F. Specific Representations Warranties an.d Disclaimer.:._ The Settling Defendant 

expressly acknowledges that in dctcrminjng to settle the claims released here, the FDIC-R has 

reasonably and justifiably relied upon the accuracy of financial information in the affidavit 

submitted. a: in Settling Defendant's aiJidavit executed May 8, 2013, the Settling Defendm1t has 

failed to disclose any interest, legal, equitable, or beneficial, in any asset, tl1c Settling Defendant 

agrees to cooperate fully with the FDIC-R in transfer its interest in the asset to the FDIC-R and 

to sign any and all documents necessary to transfer its interest in the asset to the FDIC. 

Mor~ovcr, if, in the affidavit the Settling Defendant has htiled to dis~.:losc any interest, legal. 

equitable, or beneficinl. in any asset, the FDlC-R in i.ts sole discretion, may cx~rcisc nne or mon: 

or all of the following remedies: (a) the FDIC-R may declare the rckascs granted to the Settling 
Defendant as null and void; (b) the FI>IC-R may retain the Settlement Funds; (c) the FD1C-R 

may sue the Settling Defendant for damages, an injunction, and specitlc performance for the 

breach of this agreement; and (d) the FDIC-R may seek to vacate any dismissal order and 

reinstate the FDlC's claims against the Settling Defendant. The Settling Defendant agrees that 

if, in the affidavit, the Settling Detendant ha<i failed to disclose any interest, legal, equitable, or 

beneficial, in any asset, the Settling Defendant consents to the reinstatement of FDIC's claims 

and waives any statute of limitations that would bar cU1y of the FDlC's claims against it. 

1. Tbe undersigned parties agree to cooperate in good faith to effectuate all the 

tem1s and conditions of this Agreement, including doing or causing their agents and attomeys to 

do, whatever is reasonably necessary to effectuate the signing, delivery, execution, filing, 

recording, and entry. or any documents necessary to conclude the Action, and to otherwise 

perform the terms of this Agreement. 

2. Further, the Settling Deiemlant agrees to cooperate fully with the FDIC-R in 

connection with any action required under this Agreement. Such cooperation shall consist of: 

a. producing all documents requested by the FDTC, without the necessity 

of subpoena, as determined by th~ FDIC, in its sole discretion, to he relevant to the Bank; 

b. making themselves available upon request by the FOJC-R at reasonable 

times and place.s for interviews regarding fac ts, as determined by the: FDJC-R in it.s sole 

discretion, to be relevant to the Bank; 

c. appearing to testify, upon request by the FDIC, in any matter 

determined bv the FD1C-R in its sole djscretion. to be related to the Bank, without the ncccssitv - . . 

of subpoena~ 

d. signing !.ruthful affidavits upon request by the FDIC, regarding any 

matter, as determi ned by the FDlC-R in its sole discretion, to he relevant to the Bank. 

H. ,t\dv n~ of Counsel. Each p<u1y hcrc ' acknowledges that it has consulted \-vith 
and obtained the advice of com1sel prior to executing this Agreement, and that this Agreement 

has been explained to that party by its counsel. 

IN WITNESS WH.EREOF, the parties hereto have caused this Agreement to be executed 

by each of them or their duly authorized representatives on the dates hereinafter subscribed. 

FEDERAL DEPOSIT INSURANCE CORPORA TfON AS 

RECEIVER FOR BANKUNITED FSl3 

(b )(

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