Page 5

of this Agresment, the role of the Party in drafting and preparation of the
Agreement shall not be referred to in order to construe the Agreement
against that Party, and that canon of contractual interpretation shall not be
applied.
£ This Agreement has been carefully read by each of the Parties and the.
contents thereof are known and understood by each of the Parties. This
Agreement is signed freely by each Party executing it.
g , ‘The Parties have not assigned or transferred any of their claims being
released herein.
9. Consideration. The consideration received in connection with this Agreement is
fair, adequate and substantial and consists only of the terms set forth in this Agreement.
10. Modifications. This Agreement may not be amended, canceled, revoked or
otherwise modified except by written agreement subscribed by all of the Parties to be charged
with such modification.

li. Agreement Binding on Successors and Assigns. This Agreement shall be binding

upon, and shall inure to the benefit of, the Parties hereto and their respective officers, directors,
joint venturers, partners, employees, agents, servants, heirs, admini strators, executors,
successors, representatives and assigns,

12. Applicable Law. This Agreement has been negotiated and exchanged in the State
of Indiana. As such, this Agreement and all matters relating thereto shall be governed by the

laws of the State of Indiana without regard to its principles of conflicts of law. In addition, in the

event of any disputes arising between the Parties out of this Agreement, the Parties agree that the


Page 10

27. Entire Agreement, This Agreement contains the complete agreement of the
Parties concerning the subjects of this Agreement and supersedes all prior drafts of this
Agreernent and all other prior agreements, promises, acknowledgements, representations and
warranties, if any, that may have been made between or among the Parties concerning that
subject of this Agreement, whether in connection with the negotiation of this Agreement or
otherwise. This Agreement has been the product of negotiation. The Parties have had the
opportunity to obtain independent advice from counsel. Prior draft documents were prepared,
exchanged and discussed by some or all of the Parties before finally reaching and entering into
this Agreement. [n any number of instances, words used in prior drafts may have been changed
or removed from the language ultimately agreed to in this Agreement. in the event of a dispute
over the meaning of any of the provisions or requirements of this Agreement, the fact that other
words may have been used or deleted from earlier draft documents or provisions in such. draft
documents that were modified before being included herein, shall not be used to aid in the
construction of the meaning and legal effect of this Agreement. This Agreement may not be
modified or changed except by a written instrument executed by all of the Parties and no rights
under it may be waived except by a writing signed by the waiving Party. No promises,
representations, warranties, agreements or other understandings exist between the parties with
respect to the subject matter of this Agreement, and this Agreement supersedes and discharges
any and all prior promises, acknowledgements, representations, warranties, agreements or other

understandings that existed or may have existed between the Parties.

(b)(6)

Dated: November |G, 2001 By:

RICHARD S. GILL

Authorized on behalf of The Federal Deposit
Insurance Corporation, as Receiver for
IndyMac Bank, F.S.B.

10


Page 7

that he or she is acting in the scope of such agency and authority, Each Party specifically

represents and warrants that no signatures other than those made on this Agreement are

necessary to bind the Parties to all of the obligations imposed by the Agreement.

18. Attorneys’ Fees. and Costs. Plaintiff and Defendants each agree to pay their own

costs, attorneys’ fees and expenses incurred in connection with the Action.

19. Captions and Headings. The captions, paragraph numbers and paragraph

headings appearing in this Agreement are inserted only as a matter of convenience and in no way

define, limit, construe or describe the scope or intent of this Agreement, nor in any way affect

this Agreement. ;

20. Notices. Any notice required under this Agreement shall be in writing and shall
be sent via both e-mail and either by (1) hand delivery or certified or registered mail, postage

prepaid, with return receipt requested, or (ii) fax, with a conformed copy by US Mail, postage

prepaid, and with such writing to be addressed to the Parties as follows:

Person To Receive Notice

Notification Information

Plaintiff:

Paul A. Levin
Mortgage Recovery Law Group, LLP

700 North Brand Boulevard, Suite 830

Los Angeles, California 91203
Telephone: (818) 630-7901

Email:[

db)¢

With a copy to:

Dale W. Eikenberry

Wooden & McLaughlin LLP
211 North Pennsylvania Street
One Indiana Square, Suite 1800
Indianapolis, IN 46204-4208
Telephone: (317) 860-5329

enemy



Page 6

exclusive venue in which all disputes shall be resolved shall be by way of an action filed in the
United States District Court for the Southern District of Indiana.

13. Execution and Delivery Required - Effective Date. This instrament shall not be

considered to be the Agreement (defined above) or an enforceable contract, nor shall it create
any obligation whatsoever on the part of any or ail of the Parties, nor shall it or any of its terms
constitute an undertaking by any of the Parties unless and until the date on which counterparts of
it have been signed by and exchanged amongst all Parties (via facsimile, e-mail or otherwise)
(the “Effective Date”). Until the Effective Date, any Party who may already have signed and
exchanged one or more counterparts of this Agreement with other Parties shall have the right to
revoke such signature. On the Effective Date, this instrument shall become the Agreement and
shall become a binding and enforceable contract.

14. Counterparts. This Agreement may be executed in one or more counterparts, each
of which when executed and delivered shall be an original, and all of which when executed shall
constitute one and the same instrument. Signatures on this Agreement, or any counterpart of this
Agreement, transmitted by facsimile machine or electronic mail in .pdf format shall have the
same force and effect as original signatures.

15. Constfuction. Each of the masculine, feminine and neuter genders shall include
the others. The singular shall include the plural and vice-versa.

16. Severability. In the event any provision of this Agreement shall be held to be
void, voidable or unenforceable, the remaining provisions shall remain in full force and effect.

17. Warranty of Authority. Each Party or attorney whose signature is affixed hereto
in a representative capacity represents and warrants that he or she is authorized to execute this

Agreement on behalf of and to bind the entity on whose behalf his or her signature is aflixed and


Page 9

machine from which the transmission occurred), or (iil) three 8) days after properly addressed
notice was deposited with the U.S. Postal Service, applicable postage prepaid.

21. Remedies. All Parties shall be entitled to all remedies available at law or in
equity for any violation of this Agreement, including, but not limited to the remedy of specific
performance,

22. Further Assurances, The Parties shall execute.such other documents as may be
reasonably necessary to carry out the terms and conditions of this Agreement.

; 23, Survival. All warranties, representations, covenants, and agreements set forth
herein shall survive the Effective Date.

24. Compliance Dates. In the event that any date specified in this Agreement shall be
ona Saturday, Sunday, or a nationally-declared holiday, then the date so specitied shall be
deemed to be the next business day following such date, and compliance by such business day
hereunder shall not be deemed a default by either of the Parties under this Agreement.

28. Waiver. The waiver by one Party of the performance of any covenant or
condition herein shall not invalidate this Agreement, not shall it be considered to be a waiver by
such Party of any other covenant or condition or of any later instance of the previously waived
covenant or condition. The waiver by any Parties of the time for performing any act shall not
constitute a waiver at the time for performing any other act or an identical act required to be
performed at a later time.

26, Jury Trial Waiver. The Parties hereby waive any and all rights that they may
otherwise have to a tial by jury in any action, proceeding, claim, countetclaim or third party
complaint, whether in contract or tort, at law or in equily, arising out of or in any way related to

this Agreement.


Page 1

SETTLEMENT AGREEMENT AND RELEASE

This Settlement Agreement. and Release (“Agreement”) is made and entered into by and
between The Federal Deposit Insurance Corporation, as Receiver for IndyMac Bank, F.S.B.,
CEDIC or “Plaintiff”, on the one hand, and J, Zachary Johns, an individual doing business as
Zack Johns Appraising, Inc. “Jobns”) and Vicki Liekliter, an individual (“Lickliter”)
(collectively, “Defendants”). The FDIC and Defendants are referred to collectively as the
“Parties.”

A. WHEREAS, the FDIC filed a First Amended Complaint against Defendants and
others entitled Federal Deposit Insurance Corporation as Receiver of IndyMac Bank, F.S.B. v.
Vicki Lickliter, ef. al, in United States District Court, Southern District of Indiana, Case No.
1:10-CV-0323LJM-DML (the “Action”).

B. WHEREAS, Defendants have denied the allegations of the First Amended
Complaint.

Cc. WHEREAS, the Parties desire to resolve all of the FDIC’s claims against
Defendants as set forth in Plaintiff's First Amended Complaint.

AGREEMENT AND MUTUAL RELEASE

NOW, THEREFORE, in consideration of the undertakings contained in this Agreement,
and other good, valuable and sufficient consideration, the sufficiency of which is hereby
acknowledged, the Parties agree as follows:

I. Preamble, Recitals and Exhibits. The foregoing preamble and recitals are true and

correct and are integral parts of this Agreement.


Dated: November __ yp ah

Dated: Nevember 30 , 2011

APPROVED AS TO FORM:

Page 12

By: . .
WICKT LICKLITER, oa individual

Byl
"7, LOCH ARY JOHNS am individual doing
bufsinéss as ZACK ROEINS APPRAISER,

WOODEN & MCLAUGHLIN LLP

Dated: November Zae abit

Dated: Noveriber > AGLI

(b)(6)

By>

DALE W. HIKRENBERRY, atiomey

for Plaintiff the Federal Deposit Insfrance
Corporation, as Reoviver for IndyMac Bank,
PSB.

FOLEY & TURNER

By

Donald F. Foley
for Defendant Vicki Liekiter

BULLARO & CARTON, PC.

Dated: Noventher | é. ig ee J

B.

a
(_ Comelius 4, Bg jugton, UF if ee

67 Defendant). Zachery Jobing, an individual
doing business as Zack Johns Appraisal


Page 11

Dated: November _

Dated: November _

APPROVED AS FO FORM:

Pated: November 2071

VICKY LICIOTER, an individual

By:

3 an.individual doing
ZACK JOHNS APPRAISER

business a3

WOODEN & MCLALIGHLIN LLP

Y, atloracy

for Plaintiff the Federal Deposit insurance
Corporation, as Reoeiver fre IndyMac Bank,
FSB.

POLEY & TURNER

Dated: November 79. 2011
Dated: November 7 2Oll

463853 1 DUC

ae

BULLARO & CARTON, FC.

By:

Comelius J, Hartington, Hi
for Defonduat J. Zachary Joh
doing Baainess as Zack Jol

a, an Dvdividual
.ppraisal



Page 8

Person To Receive Notice Natification Information
Defendant Lickliter: Vicki Lickliter
(b)(6)
With a copy to: Donald I, Foley
Foley & Abbott
342 Massachusetis Ave., Ste 300
Indianapolis, IN 46204
| Defendant Johns: J, Zachary Johns
(b){6)
With a copy to: Cornelius J. Harrington IIL
c/o Bullaro & Carton, P.C.
200 N. LaSalle Street, Suite 2420
Chicago, IL 60601

‘The above addresses may be changed by any Party as to such Party by providing the other

Parties notice of any address change in the same manner as is provided above, and which change

shall be effective as to any Party upon receipt of written notice from the other Party. In the event

that written notice, demand, or request is made as provided in this paragraph, that writing shall

be deemed to have been received by the Party to whom jt was addressed on the earliest of (i) the

date that the notice was hand delivered, (ii) the date the notice was sent via facsimile (so long as

a facsimile transmittal confirmation sheet is contemporaneously generated by the facsimile


Page 4

known and unknown, suspected and unsuspected, disclosed and undisclosed, for damages actual

and consequential, attorneys’ fees and costs, past, present and future, arising out of the claims set

forth in the Action.

8 Representations and Warranties. The Parties represent and warrant to and agree

with each other as follows:

a.

Plaintiff and Defendants have received independent legal advice from
attorneys of their choice with respect to the advisability of entering into
this Agreement and of giving the releases provided herein.

In connection with the execution of this Agreement and the making of the
settlement provided for herein, no Party to this Agreement has relied upon
any statement, representation or promise of any other Party not expressly
contained herein.

This Agreement is fully integrated and contains the entire agreement of
the Parties hereto. There are no agreements or understandings between
the Parties hereto relating to the matters and releases referred to in this
Agreement other than as set forth in this Agreement, and this Agreement
supersedes and replaces any and all prior negotiations and agreements
between the Parties hereto, whether written or oral.

Plaintiff and Defendants have made such investigation of the facts
pertaining to the releases contained herein as they deem necessary.

The terms of this Agreement are contractual and are the result of
negotiation among the Parties. Each Party has cooperated in the drafting

and preparation of this Agreement. Hence, in any construction to be made


Page 3

insurers, attorneys, re-insurers, companies, corporations, successors, administrators, executors,
assigns and affiliates, of and from any and all claims, and demands of every kind and nature, in.
law, equity or otherwise, known and unknown, suspected and unsuspected, disclosed and
undisclosed, for damages actual and consequential, attorneys” fees and costs, past, preset and
future, arising out of the claims or causes of action set forth in the Action, except as expressly
reserved in Paragraph 6, below.

6. Express Reservations from Release by Plaintiff. Notwithstanding any other

provision contained herein, by this Agreement, Plaintiff does not release, and expressly preserves
fully and to the same extent as if the Agreement had not been executed (a) any claims or causes
of action that do not arise from or relate to the facts, occurrences and transactions alleged in the
Action, and (b) any claims relating to the facts, occurrences and transactions alleged in the
Action against any other person or entity not released in Paragraph 5, above. This Agreement
does not waive or release any claim Plaintiff may have relating to or arising from any loan other
than the loan af issue in the Action as set forth in Plaintiff’s First Amended Complaint. In
addition, this Agreement does not purport to waive, nor is it iniended to waive, any claims which
could be brought by the United States through either the Department of Justice, the United States
Attorney’s Office, or any other federal department or agency, including any rights, if
appropriate, to court ordered restitution pursuant to the relevant provisions of the Victim and
Witness Protection Act, 18 U.S.C. § 3663, ef seg.

fondants, Defendants hereby release and forever discharge Plaintiff

7. Release by
and its current and former officers, directors, employees, agenis, insurers, attorneys, subsidiaries,
predecessors, related companies, parent companies, successors, assigns, and affiliates, of and

from any and all claims, and demands of every kind and nature, in law, equity, or otherwise,


Page 2

2. Settlement Payment by Defendants to FDIC. No later than thirty (30) business

days following fall execution of this Agreement, Defendants shall pay Plaintiff the total amount
of Three Hundred Seventy One Thousand Dollars and No Cents ($371,000.00) (Settlement
Payment”). The Settlement Payment amounts shall be apportioned among Defendants as
follows:

a. $192,500 shall be paid by Johns through his insurance carrier;

b. $177,500 shall be paid by Lickliter through her insurance carrier: and

oa $1,000 shall be paid by Lickliter as her deductible.

These Settlement Payments may be made by check, made payable to “FDIC as Receiver
for IndyMac Bank FSB.” The Parties agree that timely receipt of all Settlement Payment
amounts as set forth in Paragraph 2, Sections (a) through (c), above, is an essential term of this
Agreement, and a condition to the effectiveness of this Agreement.

3. Dismissal of the Action. Together with the execution of this Agreement, counsel

for the Parties shall execute a Stipulation of Dismissal of the Action against Defendants, with
prejudice. Upon the receipt and clearing of all Settlement Payments, so that good and clear
funds in the amount agreed to herein are actually received by Plaintiff, counsel for Plaintiff shall
file the executed Stipulation of Dismissal with the Court and obtain an Order from the Court
dismissing the action with prejudice.

4. Court to Retain Jurisdiction. The Parties agree that the Court shall have
continuing jurisdiction to enforce the provisions of this Agreement to the fullest extent permitted
by law.

5. Release by Plaintiff. The FDIC. hereby releases and forever discharges

Defendants and their current and former employees, agents, sureties, bonding companies,

Ne