fons and warrarities of any type or nature under the Agresment are not part of
this Sotdement Agreement, and are not released,

3.6 Express Reservation from Reteases by FDIC. Notwithstanding any
other provision, by this Settlentent Agrecment, the FDIC 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 ned arise front or relate w-the acts pled inthe Action,
that arise from or nate’ to the Action or the defense of the same, or (b) any action taken
ty any other federal agency. In addition, thiy Settlement Agreement does aot purport to
waive, or iotend to walte, any claims which could be brought by the United States
shroagh elther the Department of Justlee or the United States Attomey's Office in any
federal judicial district. In addition, the FOIC specifically reserves the right to seek eourt
ordered restimution pursuant to the relevant provisions of the Victim and Witness
Protection Act, 18 U.S.C, § 3663, ef seg, appropriate,

3.7 Confidentiality. Except as authorized in this Section 3.5, the Parties
Agree that neither they nor eayone acting on their behalf, including their respective
attomeys, will disclose to anyone any information relating to, in-any way, the contents or
forms of this Settiement Agreement, the ther of this settlement, or any matters. pertaining
tothis settlement, including its negotiation, unless such disclosure is: (1) lawfully
required by any governmental agenvy; (2) otherwise required by law Gneluding legally
required financial reporting or other dinclosares); ar 3) necessary in any legal proceeding,
to enforce any provision of this Seslament Agreement, The Parties may disclose the
terms of this Settlement Agreement to their meapestive auditors, accountants, tax advisors,
and legal counsel, bint only to the extent required for professional advice from. those
sources and only after scouring « commitment from those professionals ty maintain the
confidentiality of this Seudement Agreement, as required above, to the greatestextent
possible: considering the purpowe fir which the terms of the Settlenmnt Agreement are
nended by those professionals,

33 Conditions of Execution. Bach Party acknowledges and wie'rants that its
execution of this Settlement Agreement is free and voluntary.

3.9 No Aduelasion, 1 is agrend thatnd Party hereto admits lability or
wrongdoing of ny vahtre, und thal this Settlement Agreement is made as 3 compromise
of disputed claims,

3.10 Fair Meaning. ‘The Parties hereto firther apres that the language of all
parts of this Settlement Agreement shall in all cases be construed as a whole, according te
its fair meaning, and not strictly for or against any of the Parties.

3.14 Governing Law. The Parties agree to submit w the Courts of the County
of Orange, Califomia, for any dispate arising out of this Settlement Agreement; or related

SETTLEMENT AGREEMENT & MUTUAL RELEASE
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For: FDC. As Conservator for For: Alma Perez
IndyMac Federal Bank, F.S.B., F/K/A

IndyMac Bank, F.8.B, By:
By: Name:
|
Name: Title:
Title: Date:
Date: |
t
Approved as to Form and Content:
: .
Wright, Finlay & Zale, LLP Lorrie A. Walton, Attorney At Law
(b)(6)
: By: : By:
Rol inlay, Esq. | Lorrie A. Walton, Esq.
sfor PDC, Aa | Attorneys for Alma Perez
vatory for IndyMuc Federal
Bank, #.5.01., P/K/A IndyMas Bank;
FSB.
i
SETTLEMENT & MUTUAL RELEASE
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:
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signature on this Settlement Agreement by facsimile shall be valid and effective for all
purposes as an original signature, provided, however, that the original signature shall be
produced upon request.

3.19 Waiver, No-term or. condition of this Settlement Agreement shall be
deemed to have been waived, nor shall there be an estoppel against the enforcement of
any provision of this Settlement Agreement, except by written instruments signed by the
Party charged with the waiver or estoppel. No written waiver shall be deemed a
continuing waiver unless specifically stated themin, and the written waiver shall operate
only 2a to the specific tenn or condition waived, and mot for the feture or.as to any other
act than that specifically waived.

3.20 ‘Headings.. The headings of paragraphs herein are intended solely for the
conventestice of reference and shall not contre! the meaning or interpretation of any of the
provisions of this Settlement Agroemeat.

$21 Subsequent Agreersents. Tho Parti¢s agroe that, upon the reasonable
request of the other Party, Uey shall exeoute, acknowledge, and deliver any additional
instraments or docwnents that may reasonably be required to carry out the intentions of
this Settlement Agreement, including such instruments as may be required by the laws of
any jurisdiction, now in edivet or hercinafter enacted, thet may affewt the rights of the
Parties as between themselves or others with respect to their rights and obligations
ereated-by this Settlement Agreement.

3.22 Ratire Agreethent. The Parties hereto further agree and promise that this
Settlement Agrcement sets forth the entire agreetoent bebwern ond aniong the Parties and
fully supersedes any and all prior negotiations, agreements or imiderstandings made
between or among the Parties penaining to the repurchase ofthe Loans. This agreement
shall aot be modified except in a writing signed by the Parties or their autborized
representatives.

IN WITNESS WEEREOF, and intending to be legally bound hereby, dhe Parties

have exeented this Settlement Agreement as ofthe date set forth in the opening paragraph.
of this Setilement Agreement.

signatures cantinued on next pape}

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thereto, and consent to the jurisdiction of said Courts and further agree that any and all
matiers.of'dispute shall be adjudicated, governed and contralied under California law.

3.32 Should any action be commenced to enforce, Jiiterpret, or sek damages,
injunctive relief, or specific performance for violation of this Settlement Agreement, the
prevailing party shall, in atidition to any other available relict, be entitled to ap, award of
reasonable attorey’s fees and Htigation expenses incurred in the prosecution or defense
of the action, including any appeal.

313 Severability. The Parties hereto agree that if any provision of this
Settlement Agreement is declared by ayy court to be illegal or invalid, the validity of the
remaining parts, terms or provisions shall not be affected thereby, and such illegal or
invalid part, term or provision shall be desmed not to be part of this Settlement

Agreement.

444 Binding Effect... This Settiement Agreement shall be binding upon and
inure to the benefit of the Parties and their respective beirs, personal representalives,
suoressors, and assigns.

348. Review and Understanding, The Perties have entered inte this
Settlement Agreement volunterily, baving fully reed and fully understanding the meaning
and effect of all of ite terms and provisions, aad fully undersianding its and their costs
and risks. Bech of the Parties hax consulted with legal counsel conversing this Settlement
Agreement and has conducted such inquiry os they deemnecessary and advisable prior to
entering into this Settlement Agreement. The Parties enter into this Setiiement
Agreement understanding that facts or other ciraumsiances may exist which are presently
unknown or undislosed, or which ate different from or other than those which they
believe to he the vase, and the Pardes voluntarily assume all risks attendant to such
unknown, undisclosed, different, or additional facts or other circumstances.

316 Approval, Authority, and Nowassignment, The Parties represent and
warrant (0 ont another that the approval of this Seitiement Agreement has been
undertaken in a proper and lavefil manner and that they have. the requisite power and
authority to enter into and to perfoem their obligations under this Settlement Agreement,
and further warrant and represent that they have not sold, assigned, granted or transferred
to any other person, corporate or natural, or to any entity, any claim, action, demand, of
cause of action reledsed by this Sedlement Agreement.

3.17) Number. Whenever applicable, the singular shall include the pleral, and
the plural shall include the singular.

3.18  Comnterparts/Exeoution. This Settlement Agreement may be exeouted
in one.or mote counterparts, all of which shall form 2 single agreement, A -Party’s

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For: FDC. As Conservator for
IndyMac Federal Bank, F.S.B., F/K/A

IndyMac Bank, F.S.B.,
By]
Name:

Ignacio Gomez
Title: Vice President
Date:

Approved as to Form and Content:
Wright, Finlay & Zak, LLP

By;

For: Alma Perez

By:

Name:

Title:

Date:

Larrie A. Walien, Attorney At Law

By:

Robert F.. Finlay, Esq.

Attorneys for F.D.LC. As
Conservatory for IndyMac Federal
Bank, F.S.B., F/R/A IndyMac Bank,
FSB,

Lorrie A. Walton, Esq.
Attomeys for Alma Perez

SETTLEMENT AGREEMENT & MUTUAL RELEASE
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THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE
(Settlement Agreement”) is entered into and made effective as of the 20° day of March,
2009 (“Effective Date”), by and between F.D.LC, AS CONSERVATOR FOR
INDYMAC FEDERAL BANK, ¥.5.8., KAA INCYMAC BANK, F.S.B. (“IindyMac")
find ALMA PERBZ (“Pere”), IndyMac and Peres may: bereinafler be relerred to
individually asa “Party” or collectively as the “Parties”,

1. RECITALS

Mi Op or about June 17, 2005, IndyMac and Perez, entered into a written
Customer Contract and e-anits User Agrecinent (hereinafter “Agreement” and
incorporated Lending Guide (*Guide").

$2 Pursuant to the Agreement, Potez eubmitied to IndyMac the following five
(5) loans (hereinafter “Loana”}:

13. IndyMac claims that Perez breached certain rqwesentations and warranties
contained. in the Agreement end Guide in-shendtting the Loans. w IndyMac, IndyMac
demanded Pereaz repurchase the Loans and/or indemnify IndyMac for its losses, Peres

fled to de so.

14 On of about May 2, 20048, Indy lac filed « lawenit against Perez entitled
Indwidae Bank, ESRB, v. Aina Peres, an individual, Case No. 30-2008-001 06202,
including canes of action for breach of contract, express indemnity, apocific
performance, and negligent misrepresentation arising out of the Loans “Action. TM}

13 Perez filed an Answer t IndyMac’s Complaint on September 24, 2008.

SETTLEMENT AGREEMENT & MUTUAL RELEASE
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Fer: FDIC. As Conservator for
IndyMac Federal Bank, F.8.B., F/K/A

vo atl f

(b)(6)

IndyMac Bank, F.5.B. By:

By: Nome: (Alta PORE 2 aK ;
Names Tite; Q-
Title: Date; Bepri) F, R009

Date:

Approved as to Form and Content:
Wright, Finlay & Zak, LLP
By,

Robert F. Finlay, Esq.
Attoreye for FLD As
for IndyMac: Federal,

Conservatory
Bank, §,3.B,, F/R/A IndyMac Bank,

PSB,

SETTLEMENT AGREEMENT & MUTUAL RELEASE

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“A. general release dees niotextend to clainie which
the creditor does not know-or suspect to exist in his or her
favor at the time of exeouting the release, which if known by
him or her must have materially affected his or her settlement
with the debtor.”

3.3 Fach Party understands and acknowledges that the significance and
consequenve of its waiver of California Cif Code $1542 is that even if either Party
should eventually suffer additional damages arising out'of the repurchase of the Loans or
any frets or circumstances related to-the repurchase of the Loans, that Party will not be
able to make any claim for those damages. Furthermore, each acknowledges that they:
consciously intend these consequences even as to claims for damages that may exist.as of
the date of thig release: but which shat Party does not know exists, end which, if know,
would materially affect that Party’s decision to execute thig release, regardless of whether
that Party’s lack of knowledge is the result of ignorance, oversight, error, negligence, or
any other cause,

a4 Except for the rights, duties, and obligations set forth is this Settlement
Agreement and the Parties obligations arising omtof any loans other than the Loans
specified jn this Action, IndyMac and Perez each hereby fully, finnlly, and forever release
and discharge the other Party, and-any and all of its mspective past, present, and future
affiiates, ensployees, members, purtiers, joint veoturers, independent contractors,
attorneys, insurers, agents, investors, successors, asgigns, mprosentatives, officers,
directors, shareholders, agents, independent vontractors, predecessors, successors and
assigns, and any corporation, partnership or limited liability company which was or is at
any tirne the parent or wholly owned subsidiary of such entity, and any such
corporation's, partnership's or limited Hability company's officers, directors, employees
andor agents, or any corporation, partnership or linuited Hability company which was or
is an affiliste of such entity by virtue of common ownership or control, end any such
corporation's, partnership's or limited liability company’s, officers, directors, employees
and/or agents of and from aty and all netions, causes of action, claims, demands,
damages, debts, losses, costs, expenses, attorney fees of other abilities of every kind and
nature whatsoever, whether legal or equitable and whether. known or unknown, arising
aut of, resulting from, or relating fo, in any manner, the repurchase of the Loans. ‘The The:
Parties further acknowledge and apree-thet neither Party will take any action or assert any
claims or demands against the other Party with any federal, state, ayanieipal, or other
governmental agency or court relating to the repurchase of the Loans,

35 The Parties acknowledge that any and all loans sald to IndyMac by Perez,
other than the Loans, are stil) subject to, without mitation, repurchase and/or
indemnification for breaches of representations and warranties as set forth in the
Agreement. Accordingly, any aad all claims, damages, losses or breaches of

SETTLEMENT AGREEMENT & MUTUAL RELEASE
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c. $400.00 per month from May 1, 2011 through Apel 2,
2012,

& S500) per mouth from May 1, 2012 and contigaing until
the Stipulated Judginent, including accrued interest, is-paid. in fit,

24 In the event Perexdelianlia by falling to make a timely payment to
IndyMac ag set forth in this Settement Agreement, indy Muc shall. give written notice vie
mail of the default and notice of intent to exter Judgment (Puraiant to Stipulation} to.
Perez. ve Lome A. Walton at The Lew Olfices of Lorrie A, Walton at 2300 E. Kaela,
Adve, , Suite 435, Anaheim, CA S206, (714) 978-9988,

26 Peres chal have five (5) business days from: receipt of the notion of intent
to enter Judgment to cure the default, if Pere fails to cure the default within five (5)
‘business days, IndyMac shall retain all consideration it mocived, and it may, in tis sole
discretion, sock to oner the Judgment (Parauant to Stipulation) and enforce. said.
Judgment against Perez less any consideration wlready secwived by IndyMac pursuznt to
the settlement, Judgment may be-entered by ex parte notice given to Perez. The amount
actually received by IndyMuc:shall be deducted from the amount of the Judgment
(Pursuant io Stipulation).

47 — Within fifteen.(15) business days of IndyMac's counsel's receipt of the
first payment due under the payment plan, IndyMix's counse] shall file a request for

28 Bach party agrees thax Section 664.6 of the Code of Civil Procedure of the
State of California shall apply te this Settlement Agreement and the court shall retain
jorisdiction aver the parties to enforce this Sestionent Agreement.

2.9 = The parties shall bear their own costs and attomeys’ foes.

3. BELEASE

3.4 Unknow: Claims. Each Party acknowledges and agrees that the release
they give w the other Party upon executing this Settlement Agreement applics to af)
claims for injuries, damages, ar losses of any type or natare (whether those injuries,
damages, or losses are known or unknown, foreaven or unforeseen, patent or latent)
which that Party may hove against the other Party arising from or in conjunction with. the
repurchase of the Loans, and cach Party hereby expressly waives application of any
applicable state statute, including but not limited tw California Cid! Code 31.542.

; Ae Each Party certifies chai they have read and understood the following
provisions of California Crril Cade $1542 which states in pertinent part as follows:

SETTLEMENT AGRESMENT & MUTUAL RELEASE
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1,6 ‘The Parties desire and-have agreed to settle all claitns relating to the
repurchase of the above-referenced Loans and the Action in their entirety upon the terms
and conditions. hereinafter set forth,

2 AGREEMENT

NOW, THEREFORE, in considemtion of the mumal covenants and promises set
forth herein, and for other good and valuable consideration, the neoeipt and. sulligiency of
which ore hereby acknowledged by the Patties, the Parties, intending to be legally bound,
agres: ss follows:

21 Reeltals,. The Recitals sot forth above are incorperated into the body of
this Settoment Agreement ag though fulty set forth herein.

22 Payment to IndyMac. Perez shall pay to IndyMac the tmtal aum,of
$70,000 (seventy thoussnd dollars) (the “Settlement Pundds”), which will accrue interest
at arate of 10% per annuos, Inverest shall begin to accrue om may 1.2009, Payments
shall be according to the schedule set forth below. The first paytnent shall be made wpon
execution of this Settlement Agreement and payments shall beamede each month
thereadter, beginning an the Ist of the first month. following execution of this Settlement
Agreement, until the sum of $70,000 is paid in full. Payments shall be made by chock or
draft made payable tw lodyMac Federal Bank, PSB and sent to Wright, Finlay & Zak,
LLP, 4665 MacArthur Court, Suite 280, Newport Beach, CA 92660.

ha Conourrently with the signing and delivery of this Settlement Agreement
and makirg the first payment, Purey shall execute a Stipulation for Entry.of Judgment in
the form attached hereto as Exhibit 1. The Stipulation for Enery of Judgment
incorporates by refieranoe the Fadgrment (Pursuant te Stipulation), attached to the
Stputation as Exhibit.A. Both the Stipulation and Judgment are incorporated by
yeference herein and their teuns cade apart of this Senlement Agreement. The
Stipulation shali be entered. immediately upon execution of this Settiemment
The Judgment (Pursuant to Stipulation) shall not be entered so long as Perez performs:
under the terms of this Setilement Agreement.

2.4 The following isthe payment schedule:

so10 a $200.00 per month for May 1, 2009-through April 1,

xn hh $300.00 per nionth from May 1, 2010 through April 1,

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