Federal Deposit Insurance Corporation, as
Receiver for IndyMac Federal Bank, FSB

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By:
Name: Teck $. Duncan
Title: Lern gel

Date: to fre ho



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governance of construction of this Agreement to the law of another jurisdiction). Nothing in this
Agreement shall require any unlawful action or inaction by any party hereto.

11. Severability. If any portion of this Agreement is found to be unenforceable, the
parties desire that all other portions that can be separated from the unenforceable portion or
appropriately limited in scope shall remain fully valid and enforceable.

12. Representation. No representation or warranty has been made by or on behalf of
any party to this Agreement (or any officer, director, employee or agent thereof) to induce any
other party to enter into this Agreement or to abide by or consummate any transactions
contemplated by any terms of this Agreement, except representations and warranties, if any,
expressly set forth herein. In entering into this Agreement, the parties hereto represent that they
have proceeded with the advice of an attorney of their own choice, that they have read the terms
of this Agreement, that the terms of this Agreement have been completely read and explained to
the parties by their attorney, and that those terms are fully understood and voluntarily accepted
by the parties.

13. Authority. Each person signing this Agreement on behalf of any entity warrants
or represents that he/she has the full and complete authority to enter into this Agreement on
behalf of that entity.

IN WITNESS WHEREOF, the parties to this 4greement have executed this Agreement as
of the date indicated by each party’s signature.

Justin M. Duncum

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Date:



(b}(6)

EXHIBIT TO RELEASE AND SETTLEMENT AGREEMENT

This Exhibit to the Release and Settlement Agreement (the “Agreemenr”) entered into by
and between the Federal Deposit Insurance Corporation, as Receiver for IndyMac Federal Bank,
FSB and Justin M. Duncum with respect to the claims made in the case captioned Federal
Deposit Insurance Corporation, as Receiver for IndyMac Federal Bank, FSB y. The Atterstrom
Consulting Group, et al., in the 269th Judicial District Court of Harris County, Texas, Cause No,

2008-21777 is specifically included as a part of the Agreement.

The term “Property” as used in the Agreement means:

More.commonly.-known-ag Houston, Texas.



RELEASE AND SETTLEMENT AGREEMENT

This Release and Settlement Agreement (the “Agreement’) is effective on the date that all
parties have executed the Agreement, and is entered into by and between the Federal Deposit
Insurance Corporation, as Receiver for IndyMac Federal Bank, FSB (“FDIC”) and Justin M.
Duncum (“Duncum”) with respect to the claims made in the case captioned Federal Deposit
Insurance Corporation, as Receiver for IndvMac Federal Bank, FSB v. The Atterstrom
Consulting Group, et al., in the 269" Judicial District Court of Harris County, Texas, Cause No.
2008-21777 (the “Litigation”),

RECITALS

WHEREAS, IndyMac Bank, F.S.B (“IndyMac”) funded mortgage loans secured by the
real property identified in the Exhibit to this Agreement (the “Property’);

WHEREAS, Duncum performed an appraisal of the Property which was used to support
mortgage loans funded by /ndyMac (the “Appraisal”),

WHEREAS, IndyMac asserted claims in the Litigation against Duncum based on the
Appraisal;

WHEREAS, FDIC is entitled to pursue the claims asserted by Jndyidac in the Litigation;

WHEREAS, Duncum expressly denies any liability relating to the asserted claims in the
Litigation; and

WHEREAS, to avoid any further expense of litigation, the parties voluntarily enter into
this Agreement,

In consideration of the above and for such other good and valuable consideration, the
sum and sufficiency of which is hereby acknowledged and based on. the mutual promises and

conditions contained herein, the parties agree as follows:


1. Recitals. The above Recitals are incorporated herein by reference and made a
part of this Agreement,

2. Dismissal and Release. FDIC and Duncum, through counsel, shall execute a
dismissal with prejudice and without any costs or attorney’s fees to any party regarding all
claims in the Litigation between Duncum and FDIC.

For and in consideration of the total payment of $10,000 (Ten Thousand Dollars) by
Duncum immediately upon execution of this Agreement, and in consideration of the terms and
conditions of this Agreement, FDIC does absolutely and unconditionally release Duncwm, his
officers, directors, shareholders, members, insurers, employees, owners, agents, affiliates,
successors, fiduciaries, estates, heirs, and assigns, jointly and severally, from any and all claims,
demands, actions or causes of action, known or unknown, Hquidated or unliquidated, fixed or
contingent, now existing or hereafter acquired, and whether or not asserted in the Litigation,
which FDIC had, has, claims to have, or may hereafter acquire against Duncum, atising out of or
related to the facts and circumstances alleged in the Litigation.

3. Express Reservation from Releases by FDIC. Notwithstanding any other
provision, by this Agreement, FDIC does nat 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 and circumstances alleged in the Litigarion, or the defense of
the same, or (b) any action taken by any other federal agency.

4. Warranty of Capacity to Execute Agreement. FDIC represents and warrants
that no other person or entity has an ownership interest in the claims, demands, obligations or
causes of action referred to in this Agreement, except as otherwise set forth herein: and

that FDIC has the sole right and exclusive authority to execute this Agreement and receive the


sums specified in it; and that DIC has not sold, assigned, transferred, conveyed or otherwise
disposed of any of the claims, demands, obligations, or causes of action referred to in this
Agreement.

3. No Admission of Liability. It is further understood and agreed that this
settlement is a compromise of a disputed claim and that the receipt of any monetary payment by
FDIC is not to be construed as an admission of any liability or wrongdoing on the part of
Duncum or any other persons, firms, and/or corporations by whom liability is expressly denied,

6. Attorney’s Fees and Costs, Each party shall bear its own atiorney’s fees and
costs with respect to the Litigation.

7. Amendment, This Agreement may not be amended or modified at any time
except by any instrument in writing executed by all of the parties.

8. Execution. This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one in the same
instrument. The parties also agree that, without receiving further consideration, they will sign
and deliver such documents and do anything else that is reasonably necessary in the future to
make the provisions of this Agreement effective,

9, Integrated Agreement. This dgreement, including any exhibits hereto, sets forth
the entire understanding between the parties concerning the subject matter of this 4greement and
incorporates all prior negotiations and understandings, There are no covenants, promises,
agreements, conditions or understandings, either oral or written, between them relating to the
subject matter of this Agreement other than those set forth herein.

10. Governing Law. This Agreement shall be governed by and construed in

accordance with Texas law (excluding any conflict of laws rule or principle that might refer the