Preview
FIUN I 6¢ PIENKIQUED
7017 REALM DR
Hunt & Henriques, Attorneys at Law
Donald Sherrill, Esq. #266038
7017 Realm Dr.
San José CA 95119
Telephone: (800) 680-2426
Facsimile: (408) 362-2299
Attorneys for Plaintiff
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
SANTA CLARA SUPERIOR COURT DISTRICT - UNLIMITED CIVIL CASE
Capital One Bank (USA), N.A., Case No. 21CV385041
| Plaintiff, STIPULATION AGREEMENT
vs. JURISDICTION RETAINED UNDER
MICHAEL B AXTON, CODE OF CIVIL PROCEDURE § 664.6
Defendant
IT IS HEREBY STIPULATED by and between the parties hereto:
1, MICHAEL B AXTON (“Defendant”) stipulates to the entry of judgment in favor of Capital
One Bank (USA), N.A. (“Plaintiff") in the principal sum of $32,570.37 plus court costs
pursuant to a memorandum of costs (which will be limited to Plaintiff's fee for filing the
complaint; Plaintifi’s fee for service of process; fees (including any reporter fee that the court
may require at the time a motion or application is filed) for any motion. application, and/or
order that has been granted, including the motion or application to enforce this Agreement
and any order fee required to file the attached proposed order; and Defendant's first
appearance fee if Plaintiff advances that fee in order to file this Agreement): less credit for
! payments made in good funds before the time of default.
| DDOOO2ZVW | JFLIR 11/03/2021 1459245.001
| 2. Plaintiff and Defendant (together, the “Parties”) agree that $32.570.37 is the accurate |
|
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|TUN] & MENKIQUED
7037 REAL
SAN JOSE CALIFORNIA 95119
on Aw &
liquidated amount owed by Defendant for the account number ending in 6542 (the
“Account”).
. Notwithstanding Defendant’s agreement to have judgment entered against hinv/her, Plaintiff
will not request that judgment be entered so long as Defendant is not in default with the
payment plan set forth herein.
. Defendant agrees to pay to Plaintiff a minimum of $867.00 on or before the 26th day of each
and every month beginning November, 2021; followed by a minimum of $857.00 on or
before the 26th day of each and every month beginning April, 2024 followed by a final
payment of $571.37 on or before December 26, 2024. until the Defendant has paid the
Judgment Amount. These consecutive monthly installments. totaling $32,570.37. timely
received, will constitute full satisfaction of the Judgment Amount. If Defendant timely makes
30 of the 38 installment payments when due, totaling $26.000.00, Defendant may deduct the
remaining payments, totaling $6,570.37, from the remaining balance then due. Time is of the
essence with respect to all payments. If Defendant fails to make full and timely payment of
any installment or if any payment is reversed, then Defendant will not be entitled to any
deduction, the full remaining balance will be due, and Plaintiff shall be entitled to enter
judgment for the Judgment Amount plus court costs pursuant to a memorandum of costs
(which will be limited to Plaintiff's fee for filing the complaint: Plaintiff's fee for service of
process; fees (including any reporter fee that the court may require at the time a motion or
application is filed) for any motion, application, and/or order that has been granted, including
the motion or application to enforce this Agreement and any order fee required to file the
attached proposed order; and Defendant’s first appearance fee if Plaintilf advances that fee in
order to file this Agreement); less credit for payments made in good funds before the time of
default.
. Acceptance of any one or more late or partial payments by Plaintiff or anyone acting on
Plaintiff’s behalf shall neither constitute a waiver of, nor in any way prejudice, Plaintiff's
right to demand and receive timely payments thereafter or to declare a default hereunder.
Plaintiff's failure to declare a default under this Stipulation when so entitled, shall neither
Page 2 of 7
Settlement Agreement (Code of Civil Procedure § 664.6)
DD0002VW | JFL/R 11/03/2021 1459245.0017017 REALM DR.
LUN 6 FILNIKIQUED
SAN JOSE CALIFORNIA 95119
TELEPHONE: (800) 680-2426
FACSIMILE: (408) 362-2299
. Payments due as stipulated above shall be made payable to Capital One Bank (USA), N.A.,
. The Parties jointly request that this court retain jurisdiction under Code of Civil Procedure
. If Defendant satisfies his/her payment obligations hereunder, then Plaintiff shall dismiss this |
constitute a waiver of, nor in any way prejudice, Plaintiffs right to declare a default
thereafter
notated with Defendant’s account number and sent to the following payment address:
Hunt & Henriques
7017 Realm Dr.
San José CA 95119
§ 664.6. The Parties further request that this court vacate all future hearings and stay all
further action on this case pending completion of the Parties’ respective obligations under
this Stipulation. If and only if local rules so require, the Parties, by their signatures below,
authorize the court to dismiss this case without prejudice. To the extent that the court
dismisses the case without prejudice and pursuant to Code of Civil Procedure § 664.6, the
court shall retain jurisdiction. The Parties further agree that in the event of a default in
payments and upon Plaintiffs motion served and filed in accordance with Code of Civil
Procedure § 1005(b), the court shall reopen the case, vacate any dismissal, and enter
judgment for the Judgment Amount plus any motion and/or order fee(s) required by the
court, less credit for payments made. Notice does not give Defendant a right to cure: notice
only gives Defendant a right to appear and offer evidence that Defendant did not default on
the peyment plan. The Parties also agree to, and do, voluntarily waive all statutes of
limitation and any other legal impediment or bar to this court from continuing or resuming
jurisdiction of this case including, but not limited to, waiver of rights and provisions of
California Code of Civil Procedure §§ 583.160, 583.210, 583.310, 583.360, 583.410,
583.420, and all other provisions of California law regarding dismissal of actions for failure
to prosecute or to bring an action to trial within any time limit.
case with prejudice after the final payment has been determined to be in good funds. If the
|
court has already dismissed the case without prejudice. then it will be sufficient for Plaintiff |
Page 3 of 7
DD0002VW | JFL/R 11/03/2021 1459245.001 |
Settlement Agreement (Code of Civil Procedure § 664,oN DA MF
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to let the dismissal stand. Except as otherwise provided herein, each of the Parties agree to
bear the expense of its own attorney fees and court costs in connection with the matters
addressed herein. Further, if the case is dismissed with prejudice, then Defendant will not be
considered a prevailing party.
The Parties agree that a commissioner of the court may hear any proceeding arising from this
Stipulation.
Effective as of the date Defendant executes this Stipulation, Defendant, on Defendant's
behalf and on behalf of all of Defendant’s agents, assigns, heirs, successors, servants, and
representatives, including attorneys, releases and discharges Plaintiff and all of its affiliates,
parents, and/or subsidiary corporations, account servicers and sub-servicers, its
representatives, managing partners, officers, directors. shareholders. employees, agents,
assigns, predecessors, successors, servants, insurers, licensees, and representatives including
attorneys (the “Releasees”) from any and all known or unknown claims, demands and causes
of action and claims of any kind (including any claims for damages, interest. fees, and/or
attorney fees) that Defendant may have with respect to the Account, including without
limitation all claims that were asserted or could have been asserted in the above-captioned
matter (the “Matters Released”). This release by Defendant does not extend to any other j
accounts, agreements, debts, loans, promissory notes, mortgages, liabilities, or other financial
obligations that Defendant may have with any Releasee.
- Except as otherwise set forth herein, Defendant agrees that Defendant will not file any
claims, complaints, affidavits, arbitrations, or proceedings with respect to the Matters
Released against any of the Releasees, and that any such claims. complaints, affidavits,
arbitrations, or proceedings filed prior to the execution of this Stipulation shall promptly be |
dismissed or withdrawn with prejudice. This Stipulation is intended to resolve forever the
entire disagreement between Defendant and Plaintiff.
Upon timely receipt and full negotiation of the payments as stated above, Plaintiff releases
and discharges Defendant in connection with any claims it may have relating to the Account.
This release by Plaintiff does not extend to any other accounts, agreements, debts, loans,
Page 4 of 7
| DDOOO2ZVW | JFL/R 11/03/2021
Settlement Agreement (Code of Civil Procedure § 664.6)
1459245.0011 |; promissory notes, mortgages, liabilities, or other financial obligations that Defendant may
2 |) have with any Releasee.
3 || 13. Effective as of the date Defendant executes this Stipulation, Defendant expressly waives and
4 | relinquishes all rights and benefits that he/she has or may have under California Civil Code
5 Section 1542. That section states: “A general release does not extend to claims that the
6 creditor or releasing party does not know or suspect to exist in his or her favor at the time of.
7 executing the release and that, if known by him or her, would have materially affected his or
8 her settlement with the debtor or released party.” Defendant acknowledges that the
9 significance and consequence of this waiver is that even if he or she should eventually suffer
10 additional damages arising out of the Account, or the above-referenced matter. he or she will
1] | not be permitted to make any claim for those damages. Furthermore, Defendant
12 acknowledges that he or she intends that consequence even as to claims for damages that
§ 13 may exist as of the date this Stipulation is executed, but which he or she does not know exist,
a 14 and which, if known, would materially affect his or her decision to execute this Stipulation,
84 15 regardless of whether his or her lack of knowledge is the result of ignorance, oversight, error,
5 4 16 negligence, or any other cause. Said waiver is specific to the Account and the above-
17 captioned matter and does not extend to any other accounts or other financial obligations that
18 Defendant may have with any Releasee.
19 14, Plaintiff expressly waives and relinquishes all rights and benefits that it has or may have
20 under California Civil Code Section 1542. That section states: “A general release does not
21 i extend to claims that the creditor or releasing party does not know or suspect to exist in his or
22 i her favor at the time of executing the release and that, if known by him or her, would have
23 \ materially affected his or her settlement with the debtor or released party.” Plaintiff
24 | acknowledges that the significance and consequence of this waiver is that even if it should
25 | eventually suffer additional damages arising out of the Account, or the above-referenced
26 | matter, it will not be permitted to make any claim for those damages, Furthermore, Plaintiff
27 |, acknowledges that it intends that consequence even as to claims for damages that may exist
28 as of the date this Stipulation is executed, but which it does not know exists, and which. if
Page 5 of 7
Settlement Agreement (Code of Civil Procedure § 664.6)
DD0002V Ww | JFL/R 11/03/2021 1459245.001FIUNL 6 FLENIGQUED
7017 Re,
SAN JOSE CAL
15.
16.
known, would materially affect its decision to execute this Stipulation, regardless of whether
its lack of knowledge is the result of ignorance, oversight, error, negligence, or any other
cause. Said waiver is specific to the Account and the above-captioned matter and does not
extend to any other accounts or other financial obligations that Defendant may have with any
Releasee. Plaintiff's waiver is not effective until all payments owed by Defendant under this
Stipulation have been paid.
The negotiations leading to the terms of this Stipulation and any and all facts related to the
Matters Released are confidential. The Parties agree not to disclose the above to any person
except as may be necessary for the preparation of financial statements or tax returns, or as
may be required by law, or by valid Order of Court. If any Party or person acting on behalf of
a Party hereto receives an inquiry about this Stipulation, such Party will respond only that
“the matter has been resolved.” Nothing in this Stipulation shall, however, be deemed to
interfere with each Party’s obligation to report transactions with appropriate governmental,
taxing, and/or registering agencies or to comply with the law or a valid Court Order. In
addition, nothing in this Stipulation prohibits or limits the Parties or their counsel from
initiating communications directly with, responding to any inquiry from, volunteering
information to, or providing testimony before, the Office of the Comptroller of the Currency,
Bureau of Consumer Financial Protection, Securities and Exchange Commission,
Department of Justice, any other self-regulatory organization or any other governmental, law
enforcement, or regulatory authority, regarding this Stipulation and its underlying facts and
circumstances, or any reporting of, investigation into, or proceeding regarding suspected
violations of law, and that the Parties are not required to advise or seek permission before
engaging in any such activity. Furthermore, Defendant understands that this Stipulation may
be filed with the court.
‘The Parties represent and warrant that they have not sold, transferred, conveyed, assigned, or
otherwise disposed of any right, title, or interest in any of the Matters Released or this |
Stipulation to any person or entity, and that the Parties are not aware of any other person or
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entity who may have or who has asserted or can assert a right, title, or interest in any of the |
Page 6 of 7
Settlement Agreement (Code of Civil Procedure § 664.6) _
DD0002V W | JFL/R 11/03/2021 1459245.001i
} Matters Released or this Stipulation. The Parties further represent and warrant that they are
| duly anthorized anid fully capable of exéouting this Stipulation and understand its contents.
|
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3 i 17. Defendant: ackniowledies: that: Defendant has: not sought, received or relied on Plaintiff.
4 i Plaintiff's counsel or any-agent of Plaintiff for’any tax advice of any kind with respect to the
5 i effects of this Stipulation, the Matters Released, or the delivery or payment of any
6 | consideration identified herein and Plaintiff may be required to file certain 1099 or other
7 information reports with the United States Intemat Revertue Service. Defendant has been
8 i advised to consult with tax counsel of Defendant's own choice to seek legal'and tax advice
9 | the taxability or now-taxability of corisideratién provided herein:
|
10 || 18. Defendant acknowledges having had the opportunity to consult with legal counsel of his/her
a choice concerning Defendant's: tegal fights with respect to thie form and content of this
12 i Stipulation anid! the advisability. of executing: it. Defendant fas’ read this Stipulation and is |
executing it voluntarily and riot under duress df any kind,
FACSIMILE: (408} 362.
a
2299
o
i 19. This Stipulation may ‘be signed i counterparts, and the counterparts tovether shall constitute i
one document, Counterparts including faxed, scanned, or photocopied signatures shall be as
TELEPHONE: (B00) 680-2426
valid as an original.
| 20. This Stipulation contains. the-entire agreement of thé Partiés. There. are no oral or written
| agreements or understandings not contained Herein.
atithotived by the piarty'to sigivthis ‘Agreement.
MICHAEL BAXTON”
Defendant (or Attorney, as expressly authorized
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49 21. Any attorney who signs for a'party. represents by that signature that the attorney is expressly
|
| by MICHAEL B AXTON)
Co
Capital One Bank (USA),N.A.
|
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26 | Legal Representative (or Attorney as expressly
1 authotized by: Capital One Bank (USA), NLA.)
27 i Name: Kevin Brendon Quiza 6 26654
28 i
i _ - Page 7 of.7 ee
I Settlement ‘Kereement (Code of Civil Procedure § 664.6)
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DDOGNAVW } JFLAR11/03/2021 1459245,001 |
Preview
FIUN I 6¢ PIENKIQUED 7017 REALM DR Hunt & Henriques, Attorneys at Law Donald Sherrill, Esq. #266038 7017 Realm Dr. San José CA 95119 Telephone: (800) 680-2426 Facsimile: (408) 362-2299 Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SANTA CLARA SUPERIOR COURT DISTRICT - UNLIMITED CIVIL CASE Capital One Bank (USA), N.A., Case No. 21CV385041 | Plaintiff, STIPULATION AGREEMENT vs. JURISDICTION RETAINED UNDER MICHAEL B AXTON, CODE OF CIVIL PROCEDURE § 664.6 Defendant IT IS HEREBY STIPULATED by and between the parties hereto: 1, MICHAEL B AXTON (“Defendant”) stipulates to the entry of judgment in favor of Capital One Bank (USA), N.A. (“Plaintiff") in the principal sum of $32,570.37 plus court costs pursuant to a memorandum of costs (which will be limited to Plaintiff's fee for filing the complaint; Plaintifi’s fee for service of process; fees (including any reporter fee that the court may require at the time a motion or application is filed) for any motion. application, and/or order that has been granted, including the motion or application to enforce this Agreement and any order fee required to file the attached proposed order; and Defendant's first appearance fee if Plaintiff advances that fee in order to file this Agreement): less credit for ! payments made in good funds before the time of default. | DDOOO2ZVW | JFLIR 11/03/2021 1459245.001 | 2. Plaintiff and Defendant (together, the “Parties”) agree that $32.570.37 is the accurate | | i |TUN] & MENKIQUED 7037 REAL SAN JOSE CALIFORNIA 95119 on Aw & liquidated amount owed by Defendant for the account number ending in 6542 (the “Account”). . Notwithstanding Defendant’s agreement to have judgment entered against hinv/her, Plaintiff will not request that judgment be entered so long as Defendant is not in default with the payment plan set forth herein. . Defendant agrees to pay to Plaintiff a minimum of $867.00 on or before the 26th day of each and every month beginning November, 2021; followed by a minimum of $857.00 on or before the 26th day of each and every month beginning April, 2024 followed by a final payment of $571.37 on or before December 26, 2024. until the Defendant has paid the Judgment Amount. These consecutive monthly installments. totaling $32,570.37. timely received, will constitute full satisfaction of the Judgment Amount. If Defendant timely makes 30 of the 38 installment payments when due, totaling $26.000.00, Defendant may deduct the remaining payments, totaling $6,570.37, from the remaining balance then due. Time is of the essence with respect to all payments. If Defendant fails to make full and timely payment of any installment or if any payment is reversed, then Defendant will not be entitled to any deduction, the full remaining balance will be due, and Plaintiff shall be entitled to enter judgment for the Judgment Amount plus court costs pursuant to a memorandum of costs (which will be limited to Plaintiff's fee for filing the complaint: Plaintiff's fee for service of process; fees (including any reporter fee that the court may require at the time a motion or application is filed) for any motion, application, and/or order that has been granted, including the motion or application to enforce this Agreement and any order fee required to file the attached proposed order; and Defendant’s first appearance fee if Plaintilf advances that fee in order to file this Agreement); less credit for payments made in good funds before the time of default. . Acceptance of any one or more late or partial payments by Plaintiff or anyone acting on Plaintiff’s behalf shall neither constitute a waiver of, nor in any way prejudice, Plaintiff's right to demand and receive timely payments thereafter or to declare a default hereunder. Plaintiff's failure to declare a default under this Stipulation when so entitled, shall neither Page 2 of 7 Settlement Agreement (Code of Civil Procedure § 664.6) DD0002VW | JFL/R 11/03/2021 1459245.0017017 REALM DR. LUN 6 FILNIKIQUED SAN JOSE CALIFORNIA 95119 TELEPHONE: (800) 680-2426 FACSIMILE: (408) 362-2299 . Payments due as stipulated above shall be made payable to Capital One Bank (USA), N.A., . The Parties jointly request that this court retain jurisdiction under Code of Civil Procedure . If Defendant satisfies his/her payment obligations hereunder, then Plaintiff shall dismiss this | constitute a waiver of, nor in any way prejudice, Plaintiffs right to declare a default thereafter notated with Defendant’s account number and sent to the following payment address: Hunt & Henriques 7017 Realm Dr. San José CA 95119 § 664.6. The Parties further request that this court vacate all future hearings and stay all further action on this case pending completion of the Parties’ respective obligations under this Stipulation. If and only if local rules so require, the Parties, by their signatures below, authorize the court to dismiss this case without prejudice. To the extent that the court dismisses the case without prejudice and pursuant to Code of Civil Procedure § 664.6, the court shall retain jurisdiction. The Parties further agree that in the event of a default in payments and upon Plaintiffs motion served and filed in accordance with Code of Civil Procedure § 1005(b), the court shall reopen the case, vacate any dismissal, and enter judgment for the Judgment Amount plus any motion and/or order fee(s) required by the court, less credit for payments made. Notice does not give Defendant a right to cure: notice only gives Defendant a right to appear and offer evidence that Defendant did not default on the peyment plan. The Parties also agree to, and do, voluntarily waive all statutes of limitation and any other legal impediment or bar to this court from continuing or resuming jurisdiction of this case including, but not limited to, waiver of rights and provisions of California Code of Civil Procedure §§ 583.160, 583.210, 583.310, 583.360, 583.410, 583.420, and all other provisions of California law regarding dismissal of actions for failure to prosecute or to bring an action to trial within any time limit. case with prejudice after the final payment has been determined to be in good funds. If the | court has already dismissed the case without prejudice. then it will be sufficient for Plaintiff | Page 3 of 7 DD0002VW | JFL/R 11/03/2021 1459245.001 | Settlement Agreement (Code of Civil Procedure § 664,oN DA MF 2 2 3 > 8 Des Eas 23g Bag BRS ZRe g 24 10. 1 12, to let the dismissal stand. Except as otherwise provided herein, each of the Parties agree to bear the expense of its own attorney fees and court costs in connection with the matters addressed herein. Further, if the case is dismissed with prejudice, then Defendant will not be considered a prevailing party. The Parties agree that a commissioner of the court may hear any proceeding arising from this Stipulation. Effective as of the date Defendant executes this Stipulation, Defendant, on Defendant's behalf and on behalf of all of Defendant’s agents, assigns, heirs, successors, servants, and representatives, including attorneys, releases and discharges Plaintiff and all of its affiliates, parents, and/or subsidiary corporations, account servicers and sub-servicers, its representatives, managing partners, officers, directors. shareholders. employees, agents, assigns, predecessors, successors, servants, insurers, licensees, and representatives including attorneys (the “Releasees”) from any and all known or unknown claims, demands and causes of action and claims of any kind (including any claims for damages, interest. fees, and/or attorney fees) that Defendant may have with respect to the Account, including without limitation all claims that were asserted or could have been asserted in the above-captioned matter (the “Matters Released”). This release by Defendant does not extend to any other j accounts, agreements, debts, loans, promissory notes, mortgages, liabilities, or other financial obligations that Defendant may have with any Releasee. - Except as otherwise set forth herein, Defendant agrees that Defendant will not file any claims, complaints, affidavits, arbitrations, or proceedings with respect to the Matters Released against any of the Releasees, and that any such claims. complaints, affidavits, arbitrations, or proceedings filed prior to the execution of this Stipulation shall promptly be | dismissed or withdrawn with prejudice. This Stipulation is intended to resolve forever the entire disagreement between Defendant and Plaintiff. Upon timely receipt and full negotiation of the payments as stated above, Plaintiff releases and discharges Defendant in connection with any claims it may have relating to the Account. This release by Plaintiff does not extend to any other accounts, agreements, debts, loans, Page 4 of 7 | DDOOO2ZVW | JFL/R 11/03/2021 Settlement Agreement (Code of Civil Procedure § 664.6) 1459245.0011 |; promissory notes, mortgages, liabilities, or other financial obligations that Defendant may 2 |) have with any Releasee. 3 || 13. Effective as of the date Defendant executes this Stipulation, Defendant expressly waives and 4 | relinquishes all rights and benefits that he/she has or may have under California Civil Code 5 Section 1542. That section states: “A general release does not extend to claims that the 6 creditor or releasing party does not know or suspect to exist in his or her favor at the time of. 7 executing the release and that, if known by him or her, would have materially affected his or 8 her settlement with the debtor or released party.” Defendant acknowledges that the 9 significance and consequence of this waiver is that even if he or she should eventually suffer 10 additional damages arising out of the Account, or the above-referenced matter. he or she will 1] | not be permitted to make any claim for those damages. Furthermore, Defendant 12 acknowledges that he or she intends that consequence even as to claims for damages that § 13 may exist as of the date this Stipulation is executed, but which he or she does not know exist, a 14 and which, if known, would materially affect his or her decision to execute this Stipulation, 84 15 regardless of whether his or her lack of knowledge is the result of ignorance, oversight, error, 5 4 16 negligence, or any other cause. Said waiver is specific to the Account and the above- 17 captioned matter and does not extend to any other accounts or other financial obligations that 18 Defendant may have with any Releasee. 19 14, Plaintiff expressly waives and relinquishes all rights and benefits that it has or may have 20 under California Civil Code Section 1542. That section states: “A general release does not 21 i extend to claims that the creditor or releasing party does not know or suspect to exist in his or 22 i her favor at the time of executing the release and that, if known by him or her, would have 23 \ materially affected his or her settlement with the debtor or released party.” Plaintiff 24 | acknowledges that the significance and consequence of this waiver is that even if it should 25 | eventually suffer additional damages arising out of the Account, or the above-referenced 26 | matter, it will not be permitted to make any claim for those damages, Furthermore, Plaintiff 27 |, acknowledges that it intends that consequence even as to claims for damages that may exist 28 as of the date this Stipulation is executed, but which it does not know exists, and which. if Page 5 of 7 Settlement Agreement (Code of Civil Procedure § 664.6) DD0002V Ww | JFL/R 11/03/2021 1459245.001FIUNL 6 FLENIGQUED 7017 Re, SAN JOSE CAL 15. 16. known, would materially affect its decision to execute this Stipulation, regardless of whether its lack of knowledge is the result of ignorance, oversight, error, negligence, or any other cause. Said waiver is specific to the Account and the above-captioned matter and does not extend to any other accounts or other financial obligations that Defendant may have with any Releasee. Plaintiff's waiver is not effective until all payments owed by Defendant under this Stipulation have been paid. The negotiations leading to the terms of this Stipulation and any and all facts related to the Matters Released are confidential. The Parties agree not to disclose the above to any person except as may be necessary for the preparation of financial statements or tax returns, or as may be required by law, or by valid Order of Court. If any Party or person acting on behalf of a Party hereto receives an inquiry about this Stipulation, such Party will respond only that “the matter has been resolved.” Nothing in this Stipulation shall, however, be deemed to interfere with each Party’s obligation to report transactions with appropriate governmental, taxing, and/or registering agencies or to comply with the law or a valid Court Order. In addition, nothing in this Stipulation prohibits or limits the Parties or their counsel from initiating communications directly with, responding to any inquiry from, volunteering information to, or providing testimony before, the Office of the Comptroller of the Currency, Bureau of Consumer Financial Protection, Securities and Exchange Commission, Department of Justice, any other self-regulatory organization or any other governmental, law enforcement, or regulatory authority, regarding this Stipulation and its underlying facts and circumstances, or any reporting of, investigation into, or proceeding regarding suspected violations of law, and that the Parties are not required to advise or seek permission before engaging in any such activity. Furthermore, Defendant understands that this Stipulation may be filed with the court. ‘The Parties represent and warrant that they have not sold, transferred, conveyed, assigned, or otherwise disposed of any right, title, or interest in any of the Matters Released or this | Stipulation to any person or entity, and that the Parties are not aware of any other person or { entity who may have or who has asserted or can assert a right, title, or interest in any of the | Page 6 of 7 Settlement Agreement (Code of Civil Procedure § 664.6) _ DD0002V W | JFL/R 11/03/2021 1459245.001i } Matters Released or this Stipulation. The Parties further represent and warrant that they are | duly anthorized anid fully capable of exéouting this Stipulation and understand its contents. | til i “| 3 i 17. Defendant: ackniowledies: that: Defendant has: not sought, received or relied on Plaintiff. 4 i Plaintiff's counsel or any-agent of Plaintiff for’any tax advice of any kind with respect to the 5 i effects of this Stipulation, the Matters Released, or the delivery or payment of any 6 | consideration identified herein and Plaintiff may be required to file certain 1099 or other 7 information reports with the United States Intemat Revertue Service. Defendant has been 8 i advised to consult with tax counsel of Defendant's own choice to seek legal'and tax advice 9 | the taxability or now-taxability of corisideratién provided herein: | 10 || 18. Defendant acknowledges having had the opportunity to consult with legal counsel of his/her a choice concerning Defendant's: tegal fights with respect to thie form and content of this 12 i Stipulation anid! the advisability. of executing: it. Defendant fas’ read this Stipulation and is | executing it voluntarily and riot under duress df any kind, FACSIMILE: (408} 362. a 2299 o i 19. This Stipulation may ‘be signed i counterparts, and the counterparts tovether shall constitute i one document, Counterparts including faxed, scanned, or photocopied signatures shall be as TELEPHONE: (B00) 680-2426 valid as an original. | 20. This Stipulation contains. the-entire agreement of thé Partiés. There. are no oral or written | agreements or understandings not contained Herein. atithotived by the piarty'to sigivthis ‘Agreement. MICHAEL BAXTON” Defendant (or Attorney, as expressly authorized | | i f 49 21. Any attorney who signs for a'party. represents by that signature that the attorney is expressly | | by MICHAEL B AXTON) Co Capital One Bank (USA),N.A. | {i 26 | Legal Representative (or Attorney as expressly 1 authotized by: Capital One Bank (USA), NLA.) 27 i Name: Kevin Brendon Quiza 6 26654 28 i i _ - Page 7 of.7 ee I Settlement ‘Kereement (Code of Civil Procedure § 664.6) | t DDOGNAVW } JFLAR11/03/2021 1459245,001 |