(b )( 4) 

Page 1 

SETTLEMENT AND RELEASE AGREEMENT 

This Settlement and Release Agreement ("Agre~ment") is made by, between, and among the 

Federal Deposit Insurance Corporation as Receiver for Platinum Community Bank ("FDIC-R") and 

National Union Fire Insurance Company of Pittsburgh, Pa. ("Nation'al Union" or "Insurer") 

(individually, the FDIC-Rand National Union may be refcned to herein as "Pruty" and collectively as 

the "Parties"). 

RECITALS 

WHEREAS: 

Prior to September 4, 2009, Platinum Community Bank ("Ban1c") was a depository institution 

organized and existing under the laws of Illinois; 

National Union issued a Directors, Officers and Private Company Liability Insurance Polic_y, No. 

rr---, lfor the period of September 1, 2008, through September 1, 2009 (the "Policy"). The 

Policy was issued to Taylor Bean & Whitaker ("TBW") and covered TBW and its subsidiaries, 

including the Bank. On August 24, 2009, TBW purchased a "Run-Off Coverage Clause" (Policy 

Endorsement #22) allowing TBW to give written notice to National Union of Claims first made against 

"Insureds" as defined by the Policy between August 24, 2009, and August 24, 2012, for Wrongful Acts 

occurring on or prior to August 24, 2009, and othe1wise covered under the Policy. 

On September 4, 2009, the Office of Thrift Supervision closed the Bank and pursuant to 12 

U.S.C. §1821(c), the Federal Deposit Insurance Corporation was appointed receiver. In accordance with 

12 U.S.C. §l82l(d), the FDICHR succeeded to all rights, titles, powers, and privileges of the Bank, 

including those with respect to its assets. 

Among the assets to which the FDIC-R succeeded were all of the Bank's claims, demands, and 

causes of action against its fonner directors, officers, and employees arising from the perfo1mance, 

nonperformance, and manner of perfonnance of their respective functions, duties, and acts as directors, 

114219395.1 
Page 2 

officers, and employees of the Bank, and claims, demands, and causes of action of the Bank against 

Platinum Bancshares, Inc. ("PBI"). Such claims were asserted against twelve former directors, officers, 

or employees ofPBI and/or its subsidiaries, including the Banlc, in letters dated April 21, 2010, January 

25, 2012, July 24, 2012, and July 25, 2012 (the "Demand Letters"). 

On July 16, 2014, the FDIC-R entered into a settlement agreement titled Settlement, Assignment 

and Release Agreement ("SARA") to resolve the claims against ce1tain of the Bank's former directors 

and officers and PBI. A true and col'l'ect copy of the SARA is Attachment 1 hereto. As part of this 

settlement, the Bank's fonner directors and officers and PBI assigned to the FDIC-R their claims for 

coverage under the Policy and claims relating to insurance coverage under the Policy (the "Coverage 

Claim"). 

Other than claims against the pat-lies that signed the SARA, which ai·e resolved and released as 

set out herein, the FDIC-R has not pursued claims or litigation against any of the individuals named in 

the Demand Letters. 

The undersigned Parties deem it in their best interests to enter into this Agreement to avoid the 

uncertainty and fut th er expense of litigation. 

NOW, THEREFORE, in consideration of the promises, undertakings, payments, and releases 

stated herein, the sufficiency of which consideration is hereby acknowledged, the undersigned Parties 

agree, each with the other, as follows: 

SECTION I: Payment to the FDIC-R 

A. On or before thitty (30) calendar days following National Union's receipt of this 

Agreement, in executed fo1m and an executed W9, National Union agrees to pay to the FDIC-R the sum 

of $1.25 million (the "Settlement Payment"). 

B. National Union shall deliver its payment by check made payable to the "FDIC", to 

Christine P. Hsu, Esq., FDIC Legal Division, FDIC, 3501 Fairfax Drive, Room VS-B-7054, .Arlingt0n, 

2 

114219395.l 
Page 3 

VA 22226-3500. 

SECTION II: Release 

A. Release ofNational Union by the FDIC-R. 

Effective upon its receipt of the Settlement Payment in full, as described in Section I, the FDICR, for itself and its successors and assigns, hereby releases and discharges National Union, its parents, 

subsidiaries, affiliates, and reinsurers, and their respective employees, officers, directors, agents, 

representatives, claims administrators, adjusters, predecessors, successors, and assigns, from any and all 

claims, demands, obligations, damages, actions, and causes of action, diJ:ect or indirect, in law or in 

equity, lmown or unknown, that arise from or relate to the Policy, the Demand Letters, or the Coverage 

Claim. Toe FDIC-R agrees that any interest it may have under the Policy is extinguished. 

B. Release of the FDIC-R by National Union. 

Effective simultaneously with the release granted in paragraph II.a. above, National Union, for itself 

and its predecessors, successors, and assigns, hereby releases and discharges the FDIC-R and its employees, 

officers, directors, agents, representatives, predecessors, successors, and assigns, from any and all claims, 

demands, obligations, damages, actions, and causes of action, direct or indirect, in law or in equity, that arise 

from or relate to the Policy, the Demand Letters, or the Coverage Claim. 

ill: Representations and Acknowledgements 

A. Authorized Signatories. All of the undersigned persons represent and wanant that they 

are Patties 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. 

B. Advice of Counsel. Each Party hereby acknowledges that it has consulted with and 

obtained the advice of counsel prior to executing this Agreement, and that this Agreement has been 

explained to that Party by its counsel. 

C. Ownership of the Claims. The Parties hereby represent and wanant that they have not 

3 

114219395.1 
Page 4 

transferred, assigned, released, or otherwise compromised any rights or claims released herein. The 

FDIC-R represents and wru1·ants that it is the sole owner of the Coverage Claim. The FDIC-R 

understands and agrees that this representation is a material portion of the consideration provided to 

National Union in thls Agreement. 

D. Binding Effect. This Agreement is intended to bind the Pa1iies hereto and their 

respective successors, representatives, related entities and assigns, and to confer rights and benefits only 

on the Parties. Except as othe1wise expressly provided herein, no person or entity other than the Pru.ties 

shall have any rights under this Agreement. 

E. Attorneys' Fees. Each Pa1iy shall bear all of its attorney's fees and costs with respect to 

the Policy and the Coverage Claim. 

F. Reasonable Cooperation. The Patiies agree to cooperate in good faith to effectuate all the 

terms and conditions of this Agreement, including doing, or causing their agents and attorneys to do, 

whatever is reasonably necessary to perform the te1ms of this Agreement. 

G. No Admission of Liability. The undersigned Patties each acknowledge and agrne that the 

matters set faith in this Agreement constitute the settlement and compromise of disputed claims and 

defenses, that this Agreement is not an admission or evidence of liability or infirmity by any of them 

regarding any claim or defense, and that the Agreement shall not be offered or received in evidence by 

or against any Party except to enforce its terms or in com1ection with either Patty's eff01ts to recover 

against third patties. 

H. Execution in Counterpatts. This Agreement may be executed in counterparts by one or 

more of the Pmties and all such counte1parts when so executed shall together constitute the final 

Agreement, as if one document had been signed by all Parties; and each such counterpa1t, .upon 

execution and delivery, shall be deemed a complete original, binding the Parties subscribed thereto upon 

4 

114219395.l 
(b )(6) 

(b )(6) 

(b )(6) 

Page 5 

the execution by all Paiiics to this Agreement. Signatures transmitted by facsimile or email shall be 

sufficient to bind a Party to this Agreement. 

I. Choice of Law. This Agreement shall be interpreted, constrned, and enforced according 

to applicable federal law, or in its absence, the laws of the State of Florida. 

J. Notices. Any notices required hereunder shall be sent by registered mail, first class, 

return receipt requested, or by overnight delivery thereby, FedEx, United Parcel Service, or another 

known commercial carrier with proof of delivery, and by email, to the following 

Ifto FDIC-R: 

Christine P. Hsu 

FDIC 

3501 Fairfax Drive, Room VS-B-7054 

lin 011 VA 22226 

Ifto National Union: 

Jennifer Keller 

Director, Complex Claims 

AIG 

175 Water Street, 7th Floor 

York NY 10038 

with a copy to: 

Steven J. Brodie 

Carlton Fields Jorden Burt, P.A. 

Miami Tower 

100 SE Second Street, Suite 4200 

ni, FL 33131 

K. Entire Agreement and Amendments. This Agreement constitutes the entire agreement 

and understanding between and among the undersigned Pa1iies concerning the matters set forth herein 

and supersedes any priol' agreements or understandings. This Agreement may not be amended m· 

modified, nor may any of its provisions be waived, except in writing signed by the Parties bound 

s 

114219395.1 
Page 6 

thereby, or by their respective authorized attorney(s), or other representative(s). 

L. Titles and Captions. All section titles and captions contained in this Agreement are for 

convenience only and shall not affect the interpretation of this Agreement. 

M. No Confidentiality. The undersigned Parties acknowledge that this Agreement shall not 

be confidential. 

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by 

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

~s~~~~~~ORATI01 

Its: Counsel 

Date: ~ 3r Z:<?l7 

(b)(6) 

(b )(6) 

Its: Vice Presiden 

<\L 

Date:-----:)N( Cl 6 9--; 

6 

114219395.1 
ATTAC~~ENT 1 

SErfLEMENT, ASSIGNMENT AND RELEASE AGREEMENT 

This Settlement, /\ssig11mcnl and Release .l\grcemenl ("/\greement") is 1m1de as of this 

/.£:.'&y of ;J.. 1.,)1 .. 2014, by, between, and among the following undersigned parties: 

The Federal Deposil 1nsurance Corporation as receiver for Platinum Community Bank 

("PDIC-R"); and William Leaming, Jr. ("Leaming"), Michael Linsner ("Linsner"), and Platinum 

Bancshares, Inc. ("PB!") (Leaming, Linsner and PBI are collectively lhe "Settling Parties"); and 

. Continental Casualty Company and its propcity-easualty affiliates (collectively, "Continental"). 

(individually, the FDIC-R, the Settling Parties, and Continental may be refot1'ed to herein as 

' 'Party," and collectively as the "Parties"). 

RECITALS 

wrnm .. EAS: 

Prior to Scptcmhcr 4, 2009, Platinum Community Bank ("Hank") was a depository 

institution organized and existing under the laws of the United States. 

The Bank was wholly owned by P.I3I, a one-bank holding company, which became a 

subsidiary of Taylor, Bean & Whitaker Mortgage Corp. ("TBW") on July 8, 2008. 

Leaming was the Chief Executive Officer and a director of the Bank at times from July 9, 

2008 until Septcmhcr 4, 2009. 

Linsner was the President and a director of the Bank at times from /\pril 1, 2002until 

September 4, 2009. 

On September 4, 2009, the Bank was closed by the Office of Thrift Supervision, and, 

pursuant to 12 U.S.C. § 182 l(c), the Federal Deposit Insurance Corporation was appointed 

receiver. In accordance with 12 U.S.C. § 1821 (d), the FDIC-R succeeded to all rights, titles, 

powers, and privileges of the Bank, and the Bank's stockholders, accountholdcrs and depositors. 
(b )( 4) 

Page 8 

fn letters dated Apri I 21, 20 I 0, January 25, 2012, July 24, 2012, and July 25, 2012, the 

FDIC-R assc1tcd t;Ju.ims ("f'IJIC-R's Claims") against certain persons a11cl entities, including 

PB1, as well as Leaming and Linsner, (both of whorn bad served al varlou:,; times as a director 

and/or officer of the Bank. Leaming, f ,insncr, and PB I have denied liahility for the f()JC-R 's 

Claims, whieh denial has given rise to a reasonanlc dispute between the P,)rtic.~. The FDIC-R's 

Claims exceed the limits of all applicable insuram:e p()Jicic-s. 

The FDIC-R's Claims include claims muck under two insurance policies providing 

cove.rage to the Settling Parties: (i) a $1 million directors and officers i11smm1ce policy issued by 

Continental (Policy No:I I the "Continental Policy"); and (ii) a $5 million Directors, 

Officers, and Private Company Liability Insurance Policy issued by National Uninn !-'ire 

lnsurancc Company of Pil!sburgh, Pa. to TRW (PL>licy No .! .... ____ _,! t.I:t~aliunaLUnion .(b)(~) 

Policy"). National Union Fire Insurance Company of Pitts burgh, Pa. i:- referred ~o herein as 

"National Union." Continental and National Union arc collectivelyrdcrrcd to herdn as the 

"lnsurcrs." 

National Union received notice of the FDJC-R's c laims against Leaming, Linsner and 

PBI dLtring the Policy Period and/or Disc<wcry Period of the National l Inion Policy (within the 

meaning of the National Union Policy). National Union has denied covc:ragc for the FDlC-R's 

Claims and has refused to protect the interests of the Settling Patties hy refusing to pay for their 

defense costs or indemnify them for costs or loss incurred in connection with the 1:DJ(>R's 

Claims, thereby expo:,ing the Settling PaTlies to grcal financial risk, potentially exceeding the 

coverage availabJc under the Continental Policy and National Union Policy combined. 

National Union has been provided with opportunities to meet to discuss a settlement of 

Che FDIC-R's Claims, whieh as rctlectcd in this Agreement, would have been within the limits of 

2 
Page 9 

lb..: "Katium1l L:1io11 flp\icy. I'<utiuna[ l inion <kcfo1cd invitations to ncgotialc and/or consider uny 

snch scttlcmcr,t tkspi(c lhe Settling l'urtics pokntiiil cxpDs•.trc lO ajudgm1.:nl in cxci.'SS of the 

cowrngG av,1il:1hk under the '.\rutional llnitlll Polky, 

The SeHling P,ir1tt::s at u!! times had un (:xpcdation ofcovcn.igc fur (he 1.-D!C>R's Claims 

u1Lder the Nationnl l Jni!ll1 ['o]icy nnd continue tu hc!lcve th.at the ;\/atirnwl l Jnion Policy provides; 

(:ovcrar,c for the FDIC-I( 's Cini ms. 

The Settling l':i!"ltl'S deny any wronwlni11g nnd/or misconduct, :md !lie /<l)JC-R denies the 

vul idity nf any dei~.:nsc:, l"lic undersigned Pl.lrlics :ip,rcc that this Agrtcmcnt shnll not constitute 

an admission oLmy fact or the v::1lidily or any cluim or 1.kfi.:nsc, but have e11(en:d into this 

Agreement to ,:ivoid the u11i.:l'.rlainty, twublc. d1strnctio11, nnd expense ot' lltig:ilion and the risk of 

a judgment in excess tif the coverage civnibbk under the Continental l'olicy und the J\ntional 

Cnion Policy combined. 

NOW, lllFRl•YORE, in considcr,ition of the prnmi:,;cs, undertakings, p<1yments, nnd 

re lenses stakd lwrein, !hL: sufficiency of wbich w:1s(dcrnl ion i,-; hereby ;icknowlcdgc:d, the 

undcrsigned Parties Hf.t'l.:c, ;.;ach \Vitb the otlll~r, as follows: 

SIC:CTJON I: Payments and A.~sii:;nmcnts to FDIC-I~ 

A. Settlement /1.lllJ)_ullL 

A::i an cssen1i,1[ covc1wnt nnd condition tu this Agreement, Lhc FDJC-R shall accept a total 

of Vive Million Three Huudred Ninety-Thousand 1:ivc Hundro.:'d Sixty-Scv,:11 Du liars and FortyTwo Cents ($5,'.l 90,.5(i 7 .t\2) (the "Scttlcmcn1 /\n1oun(") 111 full and compkte settlement of all 

claims that lrnvc been made ur cot1IJ he made by lhi.: J,'l)JC-R ngai11st th\: Sclll!ng Parties relating 

to their acts and omissions .is <lirccton;, uUic~rs, and/or the holding company (1/'thc Bank, and 

the p1.'.rfonn:-rnce, non-pcrrorrn:rncc, or mannt::l' of pnformancc of their respective functions, 

I 
(b)(4). 

Page 10 

duti~s, and actions as directors, oliicexs, and/or the holding company of the Hank. The Sell ling 

Parties acknowledge that the Settlement Amonnt is fair and reasonable un(kr all the facts and 

circumstances and co11sistenl w.itl1 wha1 a reasonably pn1dcnt person would pay lo settle the 

FrnC-R's Claims. 

B. Pay111cnt of_S~ltlcmcnt. 

l. Hffoctivc upon full exec\11.ion of this Agreement, and in eonsidcration 

tliereoi: the Settling Parties, for themselves, and flir their respective employees, officers, 

directors, agents, repn~scntalivcs, heir:;, successors, and assigns, sha]J rcJinquish, surrender, 

transfor, convey, and assign lo the FDJC-R any and all rights, title, and inten.::st they have or may 

have intbe·ucposits in account nurnberE] in the name of PHI (the "PHI /\ccounl 

Proceeds"), which deposits arc and have been sul~jcct to an administrative hold by the FDlC-R, 

pursuant to its authority under to 12 U.S,C. § 18).2(d), when the Bank was dosed. The PBl 

Account Proceeds total One M_i!Jion Five Hundred Ninety Thousand Five Hundred Sixty-Seven 

Dollars and Forty-Two Cents ($1,590,567.42) of the ::,cttlcmcnt Amount. 

2. Continental shall _pay Six 11 undred Thousand Doi lars ($600,000.00) of the 

Settlement Amount (the "First Continental Payment") within fifteen (15) calendar days of the 

date it is notified by the Self ling Parties of tht: foll execution of this Agreement and is provided 

with a COJJY oCthe Cully-l,xccutcd Agreement (that is, the Agreement has been executed by each 

and every Party) (such I .5th t;alendar day is rcforrcd lo hereinafter as the "Fi rnt Payment Date"). 

3. Continental shall pay an additional Two l rundrcd Thoui;and Dollars 

($200,000.00) of the Settlement Am0tmt (the "Set:ond Continental Pay1m:nt") by August 1, 20 l 4 

(the "!Sccon<l P<1ynwnt Date") if Continental has not received notice under the Continental Policy 

,, 
Page 11 

of an enforcement claim or a potential enforcement claim by the federal Deposit Insurance 

Corporation against any Insured Persons (as that term is defined in the Continental Policy). 

4. The FDIC-Rand the Settling Parties agree that, in addition to the PB! 

Account .Proceeds, First Continental Payment and Second Continental Payment, in exch,mge for 

the Settling Pa11ies' assignment of their insurance rights and proceeds under the National Union 

Polky to the FDIC--R (as described in J>aragraph I.D.), and subject to the other terms or this 

Agreement, the FDIC-R shall have the right to pursue the collection of the remaining '11irce 

Million Dollars ($3,000,000.00) of the SeHlement Amount from National Union up to and 

including the amount of the remaining coverage under the National Union Policy (the "National 

Union Payment"). 

5. Payment of the Settlement Amount or any part thereof shall be <lei i vercd 

n 

(b)(4L .... ---

(b)(4);(b)( 

5) 

OBJ: FIN 10115; Platinum Community Hank, Rolling Meadows, IL, Contact: Thomas J. 

O'Brien, 703-562-6414; Professional Liability , - h-DIF-Fund... .... _____________ __(b)(~) 

If the First Continental Payment and Second Continental Payment are nol paid in fi.111 by the first 

Payment Date and/or the Second Payment Date, respectively, as set forth above, interest shall 

accrue against Continental on all unpakl amounts at the rate of 5% per annum from the. 

respective payment due dates until the day of payment. 

C. Hoticc to Continental. Service of notice under Paragraph J.B.2. above shall be 

ef'fective upon the date of transmittal hy email and Federal Express - Overnight to the following: 

5 
Page 12 

Jennifer Lawson, !:sq. 

CN/\ Pro 

Corporate & Financial Claims 

:i:n S. WubashAvc. 

Chicago, lL 60604 

Email: ..._ _________ - __,- ...... _ .. _____ _ 

D. AssigD,!}1C-nt t~f th~. Riuht 10 Col !eel from Nati9_qal_UniQ.1J_._ 

l. For valuable consi<lernlio11, the receipt and suflicicncy or whid1 is 

acknowledged by 1'hc 8ctlling Parties, the Sc11ling Parties, for themselves, and for each of their 

respective employees, officers, directors, heirs, execu(ors, administrators, representatives, 

successors, and assigns, upon execution of this Agreement by all Pa1iics, hereby in-cvocably 

relinquish, surrender, transfer, convey, ,md assign to the FDIC-R any and aJI rights, title, and 

jntcrcst the Settling Parties have or may have with r(jspect to the National Union Policy and any 

and alt claims, cawics of at:lion, and defonscs available against Natio1iiil Union (including any and 

all damages related lo ~uc..:h c.lain1s or causes of action) rc..:lating lO insurance coverage for the 

National Onion Payment under the Nationrtl Union Policy, .induding, but not limited to, claims 

lc>r declaratory rdicf, breach of contract, breach or the covenant of good faith and fair dealing, 

tortiow: breach of the covenant of good faith lmd foir dealing, bad faith , punitive damages, and 

attorneys' fees associated w ith pursuing or ckfonding such actiom; (collectively, the "Assigned 

Claims''). At its S()le expense and discretion, lhe FDrC-R alone shal 1 have sole authority lo 

n:cover on tho Assigned Claims, including_. but not limited to, pro:,;ecuting, defending, 

wntrolling, settling, compromising, and otherwise rc:-.olving any and all of the Settling Parties' 

Assignccl Claims, in the name oftbc 1-<DlC-R., as assignee of lhc Settling Parties, subject to the 

Settling Parties' obligalion of reasonable cooperation as set forth in Panigraphs LD.2., I.D-3., and 

V .I. 

6 

(b )(6) 
Page 13 

2. Th: Settling Parties slwll l1Ssist and C(l(]pcrntc rc,1s<1n:ihly wllh the .FD[C-R 

in any proceeding to l'Cr-uvc1· tm the Assig11cd C'luims. Thl'. Scllling Pmti,..:s sldl lakL' nP action tu 

impede, prevent, 1>r olilcrwise impair the p1·osl:cu:1(l]1 m Uefensc ofs11ch proceeding:. The 

Scitli11g Panics furthn sh al I not :--.eek collection or payment of cuncntly outstanding or future 

lq:;al fees anJ costs from the remaining lirnits of the National Union IJolicy . 

. l The Settling Parties slwll execute all papers r-:asrn1alily required and tnkc 

:ill reasonable actinns !lid may bL: necessary fi..)r the FUIC-R to recover on (he AssLgned Claims, 

includinr,, but nut limited 111, attrndancc :md participation in witness inkrvil'-ws, ckpositions, 

hearings, tri;:;ls, and (llhcr prepar.ition sessions; review, preparation, and execution ofwriHcn 

afTicbvits; productiun of':ill rclt:vant 11011-privi\i.igt:d d<Kuments and rccrirds; giviug of evidence; 

i\s:-:isting in identifying witn~~sscs; trnnsfornng lo the FD!C-R any fuuds nxcivcd from, or 

lcndc-rcd hy, National Union relating to the Nutio:1c1l lJniou Policy; and sttd1 d(iler assistirnce 1rnd 

things ,1s may be rca~onahly necessary to cnnhlc '.ht FD!l'-R to prosecute ttnd defend eJfrctivcly 

its rii:o,hts a~ ass11;nee ufthc Assigned Cluirn~ 

4. \Vithot:l l1111iting the generality or :he fon.:t;omg, tl1L' Fl)l('.-1.\, as assienet: of the 

Settling Portics Assi;•.ned Claimc;, sh,111 have Ilic ri~},ht, nt its sole cost t111d expense, to sekct 

eounscl and to commence, prnsecuh:, sc:ttle, direct, ~upcrvlse, manage, and have CPrnpkte and 

exclusive control oC,dl procccding,s to recover on the As~igncd Claims. 

SECTION JI: Releases and Covenants Not to Sue 

A ~-'_ovl:n<ll!I N1_1_t tu Sue S__Qt__tllng l'a1fcs _ _by_J:J)_]_(~R, 

Effective upon \he FDIC-R's receipt ofll1e First Continental P:tyrnc11t, except as 

othcrwi::-e pruv1dcd hercln and m Pmaμ,rnpb 11 l lw]()w, the Fl)l{>l{, fo1· ilsclr, and for its 

sun:~·ssors and a~s11',11-;, hen::hy· ( i) co\TnanL~ rn1l hl c,uc the Settling Pai tics and their r1:sptc1ivc 

7 
Page 14 

heirs, executors, administrntors. representatives, succt:ssors, and assign~. for any and al I claims, 

demands, obligations, damages, actions, and causes of action, direct or indirect> in law or in 

equity, belonging to !he 1"1)1C-R that arise from or rclRtc to the performance, non-performance, 

and manm:r of performance or the Sellling Parties' respective fUDctions, duties, and actions as 

directors, officers, and/or holding eomp,my or the Bank; and (ii) agrees to pursue collection ol' 

the National Union Payment solely from the National Union Policy and/or N'ational Union, and 

uol from the Settling Parlic.s. For purposes or dariftcation and certainty, nothing in this covenant 

or in this Agreement is, constitutes, or shall be construed as a release, waiver, or discharge of: (i) 

the Settling Parties for their personal liabilily for the National Union Payment until it has been 

paid in full (including any accrued intci:_cst); or (ii) National Union for its liability to the Settling 

Parties and/or the FDJC.-R as assignee of the Assigned Claims with respect to any insurance 

coverage issues related lo the FDIC-R's Claims, i11cluding, but not limited to, coverage for 

Jiability, defense costs, settlement, or otherwise. 

B. Rclc4:,;cs o(FD(C-R by Settling Parties. 

Effective upon the FDlC-R's receipt of the first Continenta[ Payment, the Settling 

.Parties, on behalf of themselves individualJy, and their respective heirs, executors, 

administrators, agents, representatives, s11cccssors, and assigns, shall release and discharge the 

FDIC-R, and jts employees. officers, directors, representatives, successors, and assigns, from 

any and all claims, dcrnancls, obligations, damages, uc.lions, and cau~e~ of action, direct or 

indirect, in law or i11 equity, that arise from ol' relate to, the Bank or the performance, non~ 

performance, im<l manner of performance of lbe Sc1lling Parties' respeL:Livc functions, duties, 

nod actions as directors, ofliccrs, and/or holding company of the Bank. 
Page 15 

C. H.e!eases by Sct1l i ng Dcfcnd,\nls of Each Other. 

Effective npon ll1e FDIC-R's receipt of the First Continental Payment, the Settling 

Parties, and their respcct'ivc heirs, executors, administrators, representatives, successors and 

assigns, shall release and discharge each other trorn any and all claims, demands, obligations, 

damages, actions, and causes of action, <lirecl or indirect, in law or in equity, that arise from or 

relate to the performance, nonperfonnancc, or niarmcr of perfo1111ancc of their respective 

functions, duties and actions as directors, of1ieen;, nnd/or holding co.tnpany of' the Bank. 

D. Rclcnse~_~r_r:ontincntal by FDlC--R._ 

Effective upon the FDIC-R's receipt of the First Continental Payment. except as 

otherwise provided in Paragraph J.8.3. ahove and Paragraph !1.1. below, the FmC-R, for itself 

and its successors and assigns, shall release and disdwrge Continental, its parents, subsidiaries, 

affiliates and rdnsurers, and their respective employees, officers, diredms, repJcscntativcs, 

successors and assigns, from any and all daims, demands, obligations, damages, actions and 

causes of action, direct or indirect, in law or in equity, thal arise from or rclale to the Continental 

Polley. Any interest the FDlC-R may have under the Continental Policy is extinguished except 

as otherwise provided in Pl:lragrnphs l.B.3. and U U. Rbove and in Paragraph II.I. below . 

.E. Rclea;,;_e_~ or Continental hy Setlling Parties. 

Effective upon the FDTC-R's receipt of the First Continental Payment, the Settling 

Patties, on behalf of lhtmsclvcs individually, and their respective heirs, cxeclllors, 

administrators, agents, representatives, succ~ssors and assigns, shall release and discharge 

Continental, its parents, subsidiaries, affiliates and rcinsurers, and their respective employees, 

officers, directors, agents, rcpre:-.enta1ives, successors and assigns, from any and all <.:!aims, 

demands, obligations, damages, actions and causes of action, direct or incl ired, in l.ciw ur in 

9 
Page 16 

equity, lhal arise from or n.~Jale lo the Continental Policy. Any interest the Settling Parties may 

hnvc under the Continental Policy shall ~ extinguished except as to any ::;uhscqucnt 

enforcement cJaim or a potential enforcement claim by the FDIC against the Settling Pa1tics, 

provided that Continental has received not Lee of such a claim or potential einim prior lo August 

[, 20 14. 

F. ReleC:tSC~ of FDIC-R by ConJin_e11tal. 

Effective upon the FDIC-R's receipt of II 1t: First Continental Payrnent, Continental, for 

itself and for its successors and assigns, and on behalf of its parents, s11bsidiarics, affiliates and 

reinsurers, and their successors and assigns, shall release and discharge the FDIC-R, mid its 

employees, officers, directors, representatives, succ<;ssors, and assigns, from any and all claims, 

demands, obligations, d:11nagcs, actions, and causes of acti011, direct or indirect, whether in luw 

or in equity, that arise from or rela1e to the Continental l'olicy. 

G. Rcleust~s _of..SettlinQ Parties by Co11~ineinal 

Effective upon the FDIC-R's receipt of the First Continental Payment, Continental, fi.)r 

itself and its successors and assigns, and on behalf of its p;iren(s, subsidiaries, atliliates, and 

reinsure.rs, and their SLJCC(;\SSors and assigns, shall release and discharge each of the Settling 

Parties, and their respective heirs, executors, administrators, agents, representatives, successors 

al1d assigns, from any and all claims, demands, obligations, damages, actions, and c.1uscs of 

action, direct or indirect, in law or in equity, Chat arise from or relate to the ContincntHl Policy. 

H. Rcl(l;1,<;c.'.j or OJ.l1~r Insured Persons by PQJQ.:.R..:. 

By letters daltid t\pdJ 21, 2010, July ?.,1, 2012, and July 25, 20 I 2, the FDIC-R made 

claims arising out or various wrongful acts allegedly committed by certain other directors and/or 

oflicers of the 1-bnk who are insured under the Continental Policy (collcttively, "Other lnsurcd 

l () 
Page 17 

Persons"). Effective upnu t.he FDlC-R 's receipt of the First Continental Pay,m:nt, the FDIC-R, 

for itself, and for its successors and assigns, s.hall release and <lisdwrgc ench ol'the Other 

fnsured Persons <1nd their respective heirs, cxcrntor:::, administrators, representatives, successors 

and assigns, from any and <111 claims, demands, ohligations, damages, actions, and causes of 

action, direct or indirect, in law or in equity, bdonging to the FDIC-R that arise from or relate to 

the perfo.1mance, non-1wrformanec, and manner of performance of the Other Insured Persons' 

respective fonctions, duties, and actions as directors and/or officers of the Bank; provided, 

however, that the reloas1.:s provided by this Paragraph 11.T L shall be nul I and void with respect to 

any Other Insured Persons who initiate any daim, demand or legal action against the FDTC-R 

arising out of or rc lntcrl lo the Bank. 1\ny criminal, fraudulent, or dishonest conduct is excluded 

from tbe sco_pc of the releases provided by this Paragraph lI.II. 

f. Exnrcss RcservaliQns_from Release. 

1. Notwithstanding any othe!' provision contained in this Agreement, the 

foDIC-R shall not rdease or covenant not lo sue for, and cxrrcssly preserves ful ly and lo the 

same extent as if th<-~ Agreement had not been CX(~cutcd, any claims or causes uf action: 

a. against the Settling Parties or any other person or entity for 

liahility, if any, incurred tts the maker, cm!ors~r. or guarantor of any promissory note or 

intlt.'!btedness payable or owed by any of them to the FDlC-R, the Bank, other financial 

institutions, or any other person or entity, including, without limitation, any claims acquired by 

the FD1C-R as successor in interest to "the Bank or any person or entity other than Bank; 

li. against National U1tion or any other person or entity not expressly 

relea:-11:::d in this Agreement; 

11 
Page 18 

c. against the Sct1l11lj', l\irttes, Comincnt~d. or· any other person or 

t::nlity for !i<1bti1ty n.;bti1,g \() nny breach of this 1\g1n:mcnt; 

d, again,st Contim:11ta: arisini;. or relating to cuvcrngc rrnv1ded urn.ler 

tlwt ccm1in Community Fi1wncial Jnstitulions llond No.) j(_thc "!-'idelity Bond"); and (b)( 4 ) 

c. tlrnt .ire not cxp1es~ly 1·d,;asc<l in P:m1P,rnphs JU). ;ind !1.f-1. abtwc. 

2. Notwithst:mding any otbc1· prnvis1011, nothing in tliis i\en:cment slrnll be 

em1strued or inti.:rpn't1:d a~ limiting, waiving, relc:asing, or compmml~ill~'. !hi: jurisdiction mul 

authority of lhe Fcch:r;ll J )c:pusit lnsurnnci: Corporation in the exercise oC its supervisnry or 

rq_',lllatory Juthority, nr tu dirnlnish its ability to institu(e ndmini.~trntive cnforec1m:r:t proceedings 

seeking n.!moval, prohibition, or ,my other mlrni11i~trntive enforcement m:t1011, 

J. Notwithstc1nding any uthcr prnvisi(ln, this J\grcL:11wnl docs 1101 purport to 

\vaive, 0r intend to waive, :my claims which C(\\lld hc brought hy the \Jiutcd Stales 1hrnugh either 

1hc Dcpartmcnt ot'Just1u: or the United Stale~ i\ttorncy's (lfficc f()J' tlw Nonhcrn l)1st11ct of 

lllm01s or for any otl1c1· fodcral judicial Jistl'iel ln addition, the f'DJC-R spcciCii.::illy reserves tbc 

ri)-!,ht to seek court-ordered restitution pursuant to the relevant provisions uf the Victim and 

Witness Protection Act, 18 l.S.C. § .1663, er serJ., lfi1pprnpriate. 

<I. Notwithstanding any other provision, the Settling Parties cxprcss!y do not 

rek:rsc the FD!C--R l'or li:.ibi lily relating to breach cit' this Ap,rccment. 

J. Express I{ l:s_i,:rv!.1_\ign _pf_l{ ights l J ndc1 Jh.!.1!~\-

! . Notwithstanding any otlier prnvLsion, nothillg in thi~ Agreement shall 

rdcasi: or prc_iudice \he rights or claims pftlie J:l)IC-R under th\:' terms td'thc J-'idclity Bond 

is:-;ued by Contin..::n1al under which the B,mk is 2111 111:-,med. 

l.l, 
Page 19 

2. Notwithstanding any other provision, nothing in this Agreement shall 

release or pr~judice the riehts or claims of Continental, un<ler the terms or the Fidelity Hond 

issued by Continental under which the Bank is insured. 

3. Nothing herein shall be construed tl) admit the existence of, or to establish, 

any daim or cause ol' a1.:t ion on the part of Continental, under the terms of the Vidcl ity Bond 

issued by Continental under which the Dank is insured, or any other bond underwriter by way of 

subrogation to claims of the fDlC-R, tha1 would not exist had this J\greemont not been executed. 

4. Nothing in this Express Reservation of Rights Under Bond shall be 

construed to limit in ,my w~y the scope ofthe rights granted to (be Settling Parties pursuant to 

Paragraphs TI.A. and lf.G. above. 

SECTION HI: Waiver of J>ividends 

To the extent, if any, that any of the Settling Pnrtics is or was a shareholder of the Bank 

or PBI and, by virtue thereot: is or may have been entitled to a dividend, payment, or other 

distribution upon resolution of the receivership of the Bank or proceeds in any litigation that has 

been or could l1c brought against the United States based on or arising out oC in whole or in pnrt, 

lbe closing of tJ,e Bank, or any alleged <tels or omissions by the federal Elomc Loan Bank Board, 

the Office of Thrift Supervision, the Rcsolutio11 Trust Corporation, the Federal Deposit Insurance 

Corporation, the Federal Savings and Loan Insurance Corporation Resolution Futld or the United 

State~ government in cormecLion with the Hank, its conservatorship or receivership; the Settling 

Parties hereby knowingly assign to the FD1C-R any and nil rights, tilles, and intlxcsts in und to 

any and all 1,uch dividends, payments or other distributions, or sucb proceeds. 

11 
Page 20 

Sl!:CTION .IV: Conl1cle111ial M.atcrials 

Within thirty (30) calendar days of receiving a wTiltcn request fh>m the PDIC-R, counsel 

for Continental at1d the Settling Parties shall c0rtify to the FDIC-R that all confident ial 

documents, electronically stored information, and other materials provided by the FDIC-R 

(hereinafter, "Con fidential Materials") have been destroyed and dt:leted1 with no copies retained, 

in a manner designed to prokct the confidential nature of the Confidential MaterLals; provided, 

however, that counsel for Continental and tbe Settling Parties may retain a copy of any such 

Confidential Materials as may be requfrcd by law or by counsel's docurnent rden(ion 

practices. Furthermore, Contincnt,ll and tJ1e FDIC--R, along with their respective coimsel, shall 

continue to comply with all provi~ions of the Confidentiality Agreement that Continental and the 

f/DIC-R execnted on or about September 23, 2010. In addition, the Settling Parties and the 

fDIC-R, along with their respective counsel, shall continue to comply with all provisions of lhe 

Confidentiality and Non-Disclosure Agreeme.nt that the Scltling Parties and the l-'DlC-R 

executed on or about November 13, 2012. 

SECTION V: Other Representations, Covenants, and Provisions 

A. No Prim Assignmy_tJ.LOf PBl AJ;_cnunt PrnGt:;e.dl?., The Settling Parties represcn1 

and warrant to the FDJC-R that they have not heretofore assigned or {rnn:,;lerred. or pu1portcd lo 

assign or transfer, to any person or entity, any pm1io11 of the PIH Account Proteeds or interest 

thcrefo. 

B. NQJ)ior Assignment of Nati_o.nal Union Policy. The Settling Parties represent 

and warrant to the FDlC-R that they have no1 lm·ctoforc assigned or transferred, or purported to 

assign or transfer, 10 any person or entity, any ri ghts, title, or fotcrcst they have or may have in 

14 
Page 21 

the \!ational li11io11 l'oiicy. indmlinr, ,my and all elnims or cali:-:cs or ,:ction against National 

l luiun relating to inst:r:mcc covcrngc tmdcr lhl' :SL11ional Union Policy. 

C [jo J\dmi"'-iPi_l ~i.L1.@bilit):'.. Thr: 1m1ttcrs ~ct forth i:1 ti1is J\gn:cmcnt cunstitulc 

the .c.,cttlemcnl ond compromis0 of disputed claims, and this AgrC'cmcnt is not an admissiun or 

evidence of liabillty by any oft:1t, P:1rties n.:gaHJ:ng ,my claim. 

D. L-xc(ution in Cmrnterparts, Thi.'> Agn::emcnt may be cx\~cuted in counterparts by 

unc or more urthe Parties rn11m:d herein and all such counlcrparls when so executed shall 

togdhcr constitute the (in<1l Agreement, as if(lnu document had hccn signe<l hy all Parties 

hereto; am\ each such countcrμart, upon execution am! delivery, shall he deemed a nimpktt 

orlgiml, binding the Party or Pmtics subscribed tltct·ctn upon the exerntion by all f'artic:s to this 

Aen:cment Signa(un·s exchanged by facsimile machine and sig.m1turcs t:xc:1angnl by e-mail 

l'UJ,' shall be as cff1.xtivc as an origin:1! sigmture. 

r. Binding l•:ffcct Each orlh(: undcr_st1:11cd p;_;t'S(JllS scvc1·,dly rcprcsr.:nls and 

warrants th<ll be or sl1c is a I'arly herein, or is authorizr.:d tu sign this A1:n.:(.;111i..:nt on behalf uf the 

t'l'.Spcctivc Pm1y, ,md that hl' or she hc1s thL' full pnwcr anrl authorit) to bind such Patty to each 

m\d every provision ofthi-; J\greelllcllt. J-:uc.11 Party severally represents mid warrants that it or 

he intcnJs to cany DUt the ~1bligations of'1his /\grcc111cnt. This Agn.Tment shall he binJing upon 

and inure to the bcnd'it of" the under:-;igned P:irlics and their respcctiv{: heirs, executors, 

administrntors, repn:sentativcs, successors, ai1d assigns. 

F. Choirc <>I I '11', This Agreement shall be mkrprckd, constnad, ,md enforced 

,1cconl1ng to :1pplicnhk ft:dcrn.l lmv or, in i1s ,1hs(:ncc, the laws of the S1ak offlli:wi.s. 

(i. Ent_ln' Ar,i-ce!!1e11t up_d J\111cnd!11c11t_s_. This Agrccmrnt sh11ll co11stitute the entire 

agrccrm-~nt :md u1Hkr~t,111ding betwe.;:n the undn~i11,nvd Parties concern in;,. tile mallers set forth 

I.\ 
Page 22 

herein. This Agreement slrnll not be amended or modified except by another written instrnment 

i,igne<l by the Party or Parties lo be bound thereby, or by their respective authorized attorncy(s) 

or other rcpresenlative(s). If any provision of this Agreement or any application thereof is held 

to he invalid, the invalidity shall not affect other provisions or applications or Ibis Agreement. 

Jl. fu2eciiie Representations, Wai:t.-lntics, and Disclaii:r1er_._ The Settling l>arties and 

Continental expressly acknowledge that in determining lo enter into this Agreement, the FDICR has rcasonubly and justiliably relied upon the accuracy of financial information submitted by 

Leaming and Linsner thal were represented to be rnatcrially accurate as of tile time submitted to 

tbc FDIC-R (the "Financial Disclosures"). If, in the Vinancial Disclosures, Leaming or Linsner 

foiled to disclose any material interest, legal, equitnblc, beneficial, in any asset, .I ,earning and 

r ,insncr agree to cooperate fully with tho FDIC-R t.o transfer their intcrc~t in the asset to the 

FDIC-R and to sign any and all documents necessMy Lo transfer their interest in the asset to tht: 

FDIC-R. Moreover, if: in the Financial Disclosure-s, Leaming or Linsner has failed to disclose 

any interest, legal, equitable, or beneficial, in any asset, the FDIC-R, in its sole discretion, may 

exercise one or morn or all of the fol lowing remedies: (a) the FDTC-R may U(:clarc any or all of 

fbc covenants and rclct1scs granted to the Sell ling Parties and Continental to he null an<l void; 

(b) !he f,DJC-R may 1\!tain all or any portion of 1he Sett[ct1)cnt Amount; and (c) the FDIC-R 

may sue the Settling Pm-tics for damages, an injunction, and specific performance for breach of 

this Agreement. u: in the financial Disclosures, Leaming or Linsner has failed to disclose any 

interest, legal, equitable, or beneficial, in any asset, the J.'l){C-R may SL\e the Sett ling Parties 

and/or Continental on any and all of the f-DiC-R.'s Claims as if this Agreement had never been 

signed, and the Settling Parties and Continental waiv\"i any statute of limitations, statutes or 

repose, [aches, ~Stoppel, or any other defense based upon the pussage of lime, from the date of 

16 
Page 23 

this Agreement until 30 clays after the FDIC-·R has actual llOtice of such failure to disclose, that 

would otherwise bar any of the "FDIC-R's Claims against them. 

I. Reasonal1!e Cooperation. 

I. The 1mdersigned Parties shall cooperate in good faith lo <~ffcctuutc all (he 

terms aJ1d conditions of this Agreement, inclu<ling doing or causing their agents and attorneys to 

<lo whatever is reasonably necessary tu effectuate the signing, delivery, execlltion, tiling, 

recording, and entry of m1y document~ rcasonubly necessary to perform the terms of this 

Agreement.. 

2. rurtbcr, the Settling Parties and Continental shall cooperate fully with the 

FDIC-R in c.onnection with any action required under this Agro:.:cment. Any such cooperation 

that involves any ou( of pocket costs is subject to reasonable reimbursement by the FrnC-R 

pursuant lo its internal guideli nes and policy for such reimbursement. Subject lo the foregoing 

such cooperation shall consist of: 

a. producing all documents requested by the FDIC-R, without the 

necessity of subpoena, as dete1mined by the FDlC-R, in its sole discretion, to he rdevant to the 

National Union Policy, the Continental Policy1 this Agreement, or th.c Hank; 

b. making themselves, or corporate representatives, available upon 

request by the FDJC-R at reasonable times and places for interviews regarding facts., as 

determined by the fl)IC-R in its sole discretion, lo be relevant. to the National Union Policy, Ille 

Contimmtal Policy, this /\grecrncnt, or the Bank; 

c. appearing 10 testify, upon rcque8l by the FDIC.·R, in any matter 

determined by the FDIC-R in its sole discretion, to be related to the National Union Policy, the 

Continental Policy, tllis Agreement, or the Bank, without th<:: necessity ot' subpoena: and 

17 
Page 24 

d_ signing trntliful aff:duvit~ upon n::qucst by the f-DIC-R, regarding 

any matter, as detennincd by the FDIC--R in its sole c.l[scretion, to be rclcvnnl to lhe X:.itionul 

Union Policy, the Continental Policy, this Agreement, or the ilank. 

J. j\<lvicc_ofCOl]!lSCL Each l'm1y hereby severally acknowledges that be or it bas 

consulted with and obtaim:d the ::idvice of counsd prior to executing this Agreement, nm.l that 

this Agt'Cl::rm:n( has bc-.en cxpluincd lo that l'urty by his or tis counsel. This Agreemenl 1s (ht: 

product of arms--length negotit1tions between the P<1rtics. 

K. Notices_._ /\ny notices to the l'ar'.ics rda1.ing (o or arising out ofthi~ Agreement 

shall he in writing sent by email nnd by Fcdcrnl Express - Overnight, shnll he deemed delivered 

upon tbe date oftransmitt:1\, ~nd shall be addressed as follow.~: 

Ifto the 1'D1C-R to: 

18 

Thomus J. O'Brien, Esq. 

Counsel 

,DIC 

Room 11 ./()32 

]50 I F:mfax Drive 

Arlln~lo11, V/\. 2:1?7.6-3500 

Phone: (703) 562-6414 

rux· (7(n) .~16-)067 

E-Mail: ~------' 

With a r.:opy to: 

Randall D. Lehner, Esq. 

u:rncr & Berne, LLP 

500 West Madison Street, Suite 3600 

Chlcago, IL 60661 

Phone: (312) 658--6500 

l'ax: (] 12) 6SR-65U I 

E-:viail: ~------' 

(b)(6) 

(b)(6) 
Page 25 

If to he Sdllmg Parties to: 

lfto Contim.;nt:il to: 

Juhn M Clcmgc, Jr, 

Katten & Temple I.LP 

542 South Dearborn, 14th Floor 

Chicnp,o, IL 60605 

Phone: (312} (163-0800 

Fax: (312) /,63-0900 

E-Mail: 

Jennifer Lawson, Esq. 

C".'JA Pro 

Corporate & Financial Claun.'> 

333 S, Wabash Ave. 

Chicugo, IL 6Clfi04 

Email: 

L. Recitals. The above Recitals cJrc incorporntcJ hcrcil! and mnde a pnrt of this 

Agreement. 

M. Enforccn_1~1_1t of/\grcc1rn:nt In the event that uny Party brings suit to enforce 

the terms of this Agreement, m based on an alleged breach of the terms hereof, the exclusive 

venue shnll be the !,'niter! States District Court for the Northern Dis!nct of lllinois or, in the 

event that federal subject mc1ttcr jurisdiction is lacking, a comt of competent jurisdiction in 

Cook County, Illinois. ln such event, the prcv<1i:ing Party shnll be cntitlc<l to recover all costs 

incurred from the non-prevailing Party or Parties, including reasonable attorneys' fees. 

REMAINDER OF THIS PA(;E INTENTIONALLY I.EFT BLA)IK 

!9 

(b)(6) 

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

Page 26 

I~ WIT~ESS WHEREOF, the l

1art1cs hcn::'.o have caused this Agreement to be 

CXCClllcd by each of them or their duly authori ✓.cd representatives on lhe dates hcn:in:.ifler 

subscnbed. 

FEDERAL DEPOSIT 11'.ST:RANCF. 

CORPORATION 

as Receiver of Platinum Community 

Han.,k~-------------

By: .I ---,-:-,----,,,,---c:-:::-=---....J 

Printed Nmw::_ 7-trfJH~S _: r/fs'rn.~_N __ T1lle: __ ("op,v,s; /;' 1..-, /:' (> /C __ . __ _ 

Jlatc:_.:r..._ l<r 1b,-~-~0~1~'+~--

CCJ'.'ITINENTAL CASUALTY 

CO.\1l'ANY 

and its property-casualty affiliates 

lly: ·--------------

Printed Name: ---------

Tit lc; 

Date: 

WILLIAM LI,:AMIN<J 

By 

Printed Name: ------------

Title: 

Date: 

MICIIAlcL LI'lSNER 

By: 

Printed Name: 

Title: 

Date: . ___ _ 

PLATINUM BA:'<ICSHARES, INC. 

Fly: ---- ----

Printed Numc: ·----------

Title: __________ _ 

Date: 
(b)(6) 

Page 27 

IN WlT!\l£SS WIIERt<;OF, the Piuiics hereto hnve c.auscrl this Agreement to be 

executed by each of them or their duly uut110rizcd repn.:sentativcs on the date..-: hereinafter 

subscr:bed. 

FEDERAL DEPOSIT L"iSUlUNCE 

CORPORATION 

as Receiver of l'latinum Community 

Bank 

Dy: __ - -----

1'rir.tcd Name: __ _ 

Title: 

Date: 

CONTINENTAL CASUALTY 

COMPANY 

and its propc11y-casunlty affiliates 

WILLIAM LEAMING 

By_: ___ _ --------- -- Printed Name: 

Tit'.e: 

Date: __ _ 

!\UCHA!i:I, 1,INSNB:;R 

By:_~_ --------

Printed Name:: 

Tille: 

Date: 

nyj [--~ATINUM BANcs1iA_RES, TNC. 

Pri'nt~d(~ci)TN~•a=mcc,c-:_-,.""~-"- --cc __ ~-,-,---=---_-~ 

Title _UQw:,o c0,fc\01-hri'r_ _ __ _ By: ______ -

Date: Toe.. 8.Li,QD\Y ________ _ hi11.ted Name: 

Title: 

Date: 

,o 
r 

Page 28 

-----------,-------- - ----

Th Wll'NESS Wi{t)Uio_E-,,t,he-Jlartw,'l h~rctq have y<1us_ed i!tl_sAg.recmcnt to.be 

. ox.cc~fcd _by Cjllih·of tl~cnJ·<Jr:·.tl,ie}f 9!!-lY_,;l\_~(ij(friZ"cd,,f'W~~en,tative~ on the dates hete\Ua(tei· 

_,;uh~C.rihcd . 

. :)3'.1,i',1)gllAJ,·D_1(P.O.SJ'.,1:JN}m~o.E·-

' ,(;ORPORA"dQN - - ,. ii/Ji_~~ety~r·of_Pl~t:iludTI ·.Co~1-~_uriity .:-}1-aJil, -

-----

-------------~ 

·CONTINENTAL CASUALTY. 

t;()MP,i,NY ' 

'1)1<f_jt~ properfy~cwm_a)ty .tf;filiafcs 

_By: _____ _ 

Printed Nil.me: 

'Title: 

Date~ _______ _ 

- 20 

· · wrt.t.IAM J,,RA~G 

By,,'CJ jc,,,.,,._~----- Printcd1Name: __ W1 hi.ti:r,v3t:ut!!y .. - Title;, -C~ -_--- ' n,,,;_:___/,,_L:1c1JJi1.=--- ____ ,__ 

Ml(~JIAEL LINSNER 

By;~--~-- -----:..--~-

Jirlntc<l,N~1nc: .. _______ _ 

Title: 

Date; ~--·,-•--

PLA'JINUMllAN'CSUAJU'-S, INC 

l:}y:_ ---- ----

Printcd·Nafuc:~---------------c ____ _ 

tit1e: · 

Date;_. ----------

(b)(6) 

--- ------·---------
Page 29 

JN WITNESS WREREOlr, .the.Parties ~ereto ha,;e caused thi-s Agreement to be •' 

executed by each of them or tlmir duly ,autho~.izcd representatives on the dntcs hereinafter 

subscribed. 

FEDJ£RATi DEPOSIT INSURANCE 

CORPORATION 

as Receiver of Pfatinum CoJUmonity · 

Bank 

By: _______ _ 

Printed Name: ______ _ 

·Title: - ----------- Date: . 

------------

CONTINENTAL CASUALTY 

COMPANY 

and its property-casualty affiliates 

Dy: __________ _ 

Printed Name: _________ _ 

Title: ---------'-----

D at c: ___________ -"--

WILLIAM LEAMING 

By: ___ __;_ _______ _ 

Printed Name: ---- Title: ___________ _ 

Date: ____________ _ 

MCCIIAEL LJNSNER 

~ I 1-----~® 

Printed Name: __ t>,\c..l,\P\la'- Lt ..)siJE/t. 

·Title; __ _______ ... . _____ _ 

· DEtte: ~i.>wE ·3,0 · .;i..014 

PLATINUM BANCSHARES, INC. 

Dy: ________ , ____ _ 

Printed Name: ________ _ 

Title: ___________ _ 

Date: ____ , _______ _ 

20 
I 

; • 

I 

i 

I 

I 

! 

Page 30 ·-··~-----~ ----... ···· 

••• • • \ . ,- ' • I " "•••• ~•..,_. . ' . ... .. . ·: . \·:~. ' ' . '' .. ' . _,, ,,, ·-·· •: 

:i::· ;::;:: . . · ... ·.t:-.=:.:· 

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·,rdni~dNiinie;._.....,............,...__,,..___ ~~~ . :<rltl~:~ ___ ,.......__,~...,....-~.,.,-----=-

Uatc, __ ~~-~~~~ ......... --~ 

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", · 'lln'iLfA:M,LE-AMiNG ···•:!;:J,.~μ ' . : ..... , .. .. . 

By; . 

Pri.ntei.i'Nam<i~ · :f_lfii:~-_ ··._:~~---~-...,.....,..~ -.. "~-

;Date: _ _ .~_-·---------'-,-~ 

'PLA11MJM·BANCSHAllliS;:INC, 

_g · ~ I --- +·-----'·{Q)__(9J 

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