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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
CIVIL ACTION
DEUTSCHE BANK NATIONAL TRUST COMPANY
AS TRUSTEE UNDER THE POOLING AND
SERVICING AGREEMENT SERIES
2005-A,
ITF INABS
Plaintiff,
CASE NO. 2007-CA-008059-NC
VS. DIVISION C
2 8 2
B. JASON HARWELL , et al Y. Oy oe = oH
att | “a
+s Fs oe 10 co
Defendant(s). om DW -4
/ Ory cD
7 S mm = =
NOTICE OF FILING See 2 A
zat “= 2
Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE E00 G S
a oOo ©
AND SERVICING AGREEMENT SERIES ITF INABS 2005-A, gives Notice of Filing of a § ir EMENT
AGREEMENT, which increases the total amount due
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by the U.S. Mail this
Orb day of February, 2008, to all parties on the attached service list
Florida Default Law Group, P.L
P.O. Box 25018
Tampa, Flonda 33622-5018
FLQKIDA BAR NO. 26139
FILE_NUMBER: F07022552
*FO7022552* *M003100*
‘ggaService List .
B. JASON HARWELL
8345 Bluffview Way
Colorado Springs, CO 80919
THE UNKNOWN SPOUSE OF B JASON HARWELL N/K/A CHRISTINE HARWELL
8345 Bluffview Way
Colorado Springs, CO 80919
TOM CLAY HILL
58 County Road 17
Kremmling, CO 80459-963012/28/2007 13:02 FAX [4002/005
EXHIBIT 1
UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF COLORADO
In re:
Billy Jason Harwell Case No. 05-41744-ABC
aka B. Jason Harwell Chapter 7
(Previous Chapter 11)
Debtor.
3
Adv. Pro. No. 07-1611-ABC
Plaintiff,
v.
IndyMac Bank, FSB,
a federally chartered savings bank,
)
)
)
)
)
)
5
Lynn H. Martinez, Chapter 7 Trustee, )
)
)
)
)
)
)
Defendant )
SETTLEMENT AGREEMENT
Plainiff Lynn H. Martinez, trustee of the above-teferenced Chapter 7 bankruptcy
estate, and Defendant IndyMac Bank, FSB hereby stipulate and agree as follows:
RECITALS
A. On or about October 4, 2007, Plaintiff filed the above adversary proceeding
against Defendant (the “Adversary Proceeding”).
B. Defendant denies liability to Plaintiff.
C. = To avoid the risks and expenses of Litigation, the parties wish to resolve their
disputes by agreement. oo
NOW, THEREFORE, the parties agtee as follows:
AGREEMENT
1. tis subject to the approval of the Bankruptcy Court pursuant
This
to Fed. R. Bankr. P. 9019(2) and L.B.R. 202. In the event the Court does not approve this
Agteement, it shall be of no further force or effect.12/28/2007 13:02 FAX (71003/005
2. In full settlement of the Adversary Proceeding:
2, Defendant shal! pay Plaintiff $23,864.01 (the “Settlement Proceeds”),
and;
b. Defendant shall be entitled to an unsecured claim against the
bankruptcy estate in the Debtor’s undetlying case in an amount equal to the
Settlement Proceeds if, but only if, Defendant files a proof of claim within thirty G0)
days of entry of an Order by the Bankruptcy Court approving the settlement.
Defendant's unsecuted claim in an amount equal to the Settlement Proceeds shall be
deemed to be an allowed unsecured claim against the estate.
5. Defendant shall pay Plaintiff the Settlement Proceeds so that the Settlement
Proceeds are geceived by Plaintiff no later than twenty (20) days fifowing entry of an Order
of the Bankruptcy Court approving this Agreement: The Settlement Proceeds shall be made
payable to Lynn H. Martinez, Trustee, and delivered to 1123 North Elizabeth St., Pueblo,
CO 81003.
4. Except for Defendant’s unsecured chim to be allowed on account of the
Settlement Proceeds, Defendant waives and releases any other and further claims against the
estate, whether unsecured, secured or administrative. However, Defendant's waiver in no
way inhibits its ability to pursue its State hw rights and temedies against the Property in
accordance with the Order Granting Relief From Stay dated April 4, 2007. Defendant's
waiver and release shal} be effective upon dismissal of the Adversary Proceeding.
5. Plaintiff shall waive and release all other and further claime against Defendant
arising out of the Adversary Proceeding, The waiver and release shall be effective upon
payment of the Settlement Proceeds to Plaintiff.
6. Upon the parties’ full execution of this Agreement, Plaintiff shall file an apreed
motion in the Adversary Proceeding, secking entry of an Order holding it in abeyance
pending the Court’s review of Plaintiffs motion to approve the settlement in the Debtotr’s
underlying case, and Defendant's payment of the Setrlement Proceeds.
7. No later than five (5) business days following receipt of the Settlement
Proceeds, Phintiff shall file an agreed motion, seeking to dismiss the Advexsary Proceeding,
with prejudice, each party to bear its own costs and attorneys’ fees.
8. This Agreement constitutes the entire agteement between the patties
pertaining to the subject matter hereof.
. &. This Agreement is binding upon the parties, their heirs, successors, assigns,
and representatives.12/28/2007 13:03 FAX {Z71004/005
10. This Agreement may be execined in counterparts and by fax or e-mail
Signaunre.
Dated: Dee AD, 2007
ering d airy as
Ch ? TYrastee of che Bankruptcy
Eeatate of Bify Jason Harwell
Dated: _ INDYMAC BANK, FSB
By its authorized agent:
Name:
Title: . ‘the ng?
APPROVED AS TO FORM:
Pax: G03) 572-7533
E-mail:
ATTORNEYS FOR PLAINTIFF
LYNN H. MARTINEZ, CHAPTER 7 TRUSTEE
CASTLE MEINHOLD & STAWIARSKY, LLC
by
Brittney Beall-Edes, #34935
999 18% Street, Suite 2201
Denver, Colorado 80202-1923
Ph: (303) 865-1400
Fax: G03) 865-1410
E-mail:
ATTORNEYS FOR DEFENDANT
INDYMAC BANK, F.S.B.- a LLL LL LL SSS
12/28/2007 13:03 FAX i41005/005
: 10. This Agreement may he executed In counterparts and by fax of e-mail
: cignature.
i Dated:
Estate of Billy Jnson Harwell
Dated: 124 20 [sa02- INDYMAC BANK, FSB
By its authorized agent: moe
(ofp a ated
Name: migra
Tide weg Peeempye
APPROVED AS ‘TO FORM: |
PEARLMAN & DALTON, P.C. |
by.
Virginia M. Dalton, #12437
1775 Sherman Street, Suite 2828
Denver, Colorado 80203
: Ph.: (303) 572-3000
eall-Eder, #34935
999 18% Street, Suite 2201
Denver, Colamdo 80202-1923
Ph.; (303) 865-1400
Fax: 303) 865-1410
E-mait
ATTORNEYS FOR DEFENDANT
INDYMAC BANK, F.S.B.
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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA CIVIL ACTION DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT SERIES 2005-A, ITF INABS Plaintiff, CASE NO. 2007-CA-008059-NC VS. DIVISION C 2 8 2 B. JASON HARWELL , et al Y. Oy oe = oH att | “a +s Fs oe 10 co Defendant(s). om DW -4 / Ory cD 7 S mm = = NOTICE OF FILING See 2 A zat “= 2 Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE UNDER THE E00 G S a oOo © AND SERVICING AGREEMENT SERIES ITF INABS 2005-A, gives Notice of Filing of a § ir EMENT AGREEMENT, which increases the total amount due I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by the U.S. Mail this Orb day of February, 2008, to all parties on the attached service list Florida Default Law Group, P.L P.O. Box 25018 Tampa, Flonda 33622-5018 FLQKIDA BAR NO. 26139 FILE_NUMBER: F07022552 *FO7022552* *M003100* ‘ggaService List . B. JASON HARWELL 8345 Bluffview Way Colorado Springs, CO 80919 THE UNKNOWN SPOUSE OF B JASON HARWELL N/K/A CHRISTINE HARWELL 8345 Bluffview Way Colorado Springs, CO 80919 TOM CLAY HILL 58 County Road 17 Kremmling, CO 80459-963012/28/2007 13:02 FAX [4002/005 EXHIBIT 1 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF COLORADO In re: Billy Jason Harwell Case No. 05-41744-ABC aka B. Jason Harwell Chapter 7 (Previous Chapter 11) Debtor. 3 Adv. Pro. No. 07-1611-ABC Plaintiff, v. IndyMac Bank, FSB, a federally chartered savings bank, ) ) ) ) ) ) 5 Lynn H. Martinez, Chapter 7 Trustee, ) ) ) ) ) ) ) Defendant ) SETTLEMENT AGREEMENT Plainiff Lynn H. Martinez, trustee of the above-teferenced Chapter 7 bankruptcy estate, and Defendant IndyMac Bank, FSB hereby stipulate and agree as follows: RECITALS A. On or about October 4, 2007, Plaintiff filed the above adversary proceeding against Defendant (the “Adversary Proceeding”). B. Defendant denies liability to Plaintiff. C. = To avoid the risks and expenses of Litigation, the parties wish to resolve their disputes by agreement. oo NOW, THEREFORE, the parties agtee as follows: AGREEMENT 1. tis subject to the approval of the Bankruptcy Court pursuant This to Fed. R. Bankr. P. 9019(2) and L.B.R. 202. In the event the Court does not approve this Agteement, it shall be of no further force or effect.12/28/2007 13:02 FAX (71003/005 2. In full settlement of the Adversary Proceeding: 2, Defendant shal! pay Plaintiff $23,864.01 (the “Settlement Proceeds”), and; b. Defendant shall be entitled to an unsecured claim against the bankruptcy estate in the Debtor’s undetlying case in an amount equal to the Settlement Proceeds if, but only if, Defendant files a proof of claim within thirty G0) days of entry of an Order by the Bankruptcy Court approving the settlement. Defendant's unsecuted claim in an amount equal to the Settlement Proceeds shall be deemed to be an allowed unsecured claim against the estate. 5. Defendant shall pay Plaintiff the Settlement Proceeds so that the Settlement Proceeds are geceived by Plaintiff no later than twenty (20) days fifowing entry of an Order of the Bankruptcy Court approving this Agreement: The Settlement Proceeds shall be made payable to Lynn H. Martinez, Trustee, and delivered to 1123 North Elizabeth St., Pueblo, CO 81003. 4. Except for Defendant’s unsecured chim to be allowed on account of the Settlement Proceeds, Defendant waives and releases any other and further claims against the estate, whether unsecured, secured or administrative. However, Defendant's waiver in no way inhibits its ability to pursue its State hw rights and temedies against the Property in accordance with the Order Granting Relief From Stay dated April 4, 2007. Defendant's waiver and release shal} be effective upon dismissal of the Adversary Proceeding. 5. Plaintiff shall waive and release all other and further claime against Defendant arising out of the Adversary Proceeding, The waiver and release shall be effective upon payment of the Settlement Proceeds to Plaintiff. 6. Upon the parties’ full execution of this Agreement, Plaintiff shall file an apreed motion in the Adversary Proceeding, secking entry of an Order holding it in abeyance pending the Court’s review of Plaintiffs motion to approve the settlement in the Debtotr’s underlying case, and Defendant's payment of the Setrlement Proceeds. 7. No later than five (5) business days following receipt of the Settlement Proceeds, Phintiff shall file an agreed motion, seeking to dismiss the Advexsary Proceeding, with prejudice, each party to bear its own costs and attorneys’ fees. 8. This Agreement constitutes the entire agteement between the patties pertaining to the subject matter hereof. . &. This Agreement is binding upon the parties, their heirs, successors, assigns, and representatives.12/28/2007 13:03 FAX {Z71004/005 10. This Agreement may be execined in counterparts and by fax or e-mail Signaunre. Dated: Dee AD, 2007 ering d airy as Ch ? TYrastee of che Bankruptcy Eeatate of Bify Jason Harwell Dated: _ INDYMAC BANK, FSB By its authorized agent: Name: Title: . ‘the ng? APPROVED AS TO FORM: Pax: G03) 572-7533 E-mail: ATTORNEYS FOR PLAINTIFF LYNN H. MARTINEZ, CHAPTER 7 TRUSTEE CASTLE MEINHOLD & STAWIARSKY, LLC by Brittney Beall-Edes, #34935 999 18% Street, Suite 2201 Denver, Colorado 80202-1923 Ph: (303) 865-1400 Fax: G03) 865-1410 E-mail: ATTORNEYS FOR DEFENDANT INDYMAC BANK, F.S.B.- a LLL LL LL SSS 12/28/2007 13:03 FAX i41005/005 : 10. This Agreement may he executed In counterparts and by fax of e-mail : cignature. i Dated: Estate of Billy Jnson Harwell Dated: 124 20 [sa02- INDYMAC BANK, FSB By its authorized agent: moe (ofp a ated Name: migra Tide weg Peeempye APPROVED AS ‘TO FORM: | PEARLMAN & DALTON, P.C. | by. Virginia M. Dalton, #12437 1775 Sherman Street, Suite 2828 Denver, Colorado 80203 : Ph.: (303) 572-3000 eall-Eder, #34935 999 18% Street, Suite 2201 Denver, Colamdo 80202-1923 Ph.; (303) 865-1400 Fax: 303) 865-1410 E-mait ATTORNEYS FOR DEFENDANT INDYMAC BANK, F.S.B.