Common use of SETTLEMENT TERMS AND CONDITIONS Clause in Contracts

SETTLEMENT TERMS AND CONDITIONS. Total Group is willing to resolve the violations cited herein by entering into this Agreement and freely and voluntarily waives its right to a hearing under Banking Law Sections 44 and 598 on such violations. Therefore, in consideration of the promises and covenants set forth herein: 1. Total Group agrees to take all necessary steps to ensure its compliance with all applicable federal and state laws, regulations, and supervisory requirements relating to its mortgage business, including, but not limited to: a. complying with the requirements of Article 12-D of the Banking Law, and Part 38 of the General Regulations; b. not conducting or transacting business in this state under any assumed name or designation using any website, domain, or other name that has not been approved by the Superintendent; c. ensuring that its advertisements do not otherwise mislead consumers as to the terms and conditions of credit it is offering and that such advertisements disclose clearly and conspicuously the existence of material terms, conditions, and limitations relating to any advertised offer of credit; and d. ensuring that it will not advertise terms of credit using footnotes, asterisks, small print and color contrasts that materially contradict or modify the principal message of its advertisements, and will disclose clearly and conspicuously all material information. 2. Total Group agrees to develop appropriate written advertisement policies and procedures designed to ensure compliance with all applicable federal and state laws, regulations, supervisory requirements, and guidelines. The policies and procedures shall, at a minimum: (i) designate an individual responsible for monitoring compliance with all applicable federal and state laws, regulations, supervisory requirements, and guidelines; (ii) include a listing of all applicable laws, regulations, and truth in advertising guidelines; (iii) establish a mechanism for ensuring that all applicable laws, regulations, and truth in advertising guidelines are met; and (iv) establish a training program to ensure that Total Group and its employees involved in preparing or approving advertisements understand all applicable federal and state laws, regulations, and truth in advertising guidelines. 3. Within ninety (90) days from the effective date of this Agreement, Total Group agrees to submit a draft of its advertisement policies and procedures to the Department. 4. Within thirty (30) days of receipt of non-objection or any comments from the Department, and after incorporation and adoption of all comments, Total Group agrees to submit a copy of its final advertisement policies and procedures to the Department together with a letter from an authorized officer of Total Group indicating his/her approval of such advertisement policies and procedures. 5. Total Group further agrees to provide copies of all advertisements run by it for the twelve (12) month period following the effective date of this Agreement. 6. Total Group agrees to pay a fine of $ 5,000. 7. Total Group further agrees that such payment will be made in immediately available funds in accordance with the Department’s payment instructions.

SETTLEMENT TERMS AND CONDITIONS. Total Group Without admitting or denying the Department’s findings, RBI is willing to resolve the violations cited herein by entering into this Agreement and freely and voluntarily waives its right to a hearing under Banking Law Sections 44 and 598 on such violations. Therefore, in consideration of the promises and covenants set forth herein: 1. Total Group RBI agrees to take all necessary steps to ensure its compliance with all applicable federal and state laws, regulations, and supervisory requirements relating to its mortgage business, including, but not limited to: a. complying with the requirements of Article 12-D of the Banking Law, and Part 38 of the General Regulations;Regulations of the Banking Board; and b. not conducting or transacting business in this state under any assumed name or designation using any website, domain, or other name that has not been approved by the Superintendent; c. ensuring that its advertisements do not otherwise mislead consumers as to the identity of the party offering credit; and c. clearly identifying itself by name and an approved office address located in New York in any advertisement targeted to New York consumers; and d. ensuring that its advertisements do not mislead consumers as to the terms and conditions of credit it is offering and that such advertisements disclose clearly and conspicuously the existence of material terms, conditions, and limitations relating to any advertised offer of credit; and d. e. ensuring that it will not advertise terms of credit using footnotes, asterisks, small print and color contrasts that materially contradict or modify the principal message of its advertisements, and will disclose clearly clearly, and conspicuously all material information. 2. Total Group RBI agrees to develop appropriate written advertisement policies and procedures designed to ensure compliance with all applicable federal and state laws, regulations, supervisory requirements, requirements and guidelinesguidance letters. The policies and procedures shall, at a minimum: (i) designate an individual responsible for monitoring compliance with all applicable federal and state laws, regulations, supervisory requirements, requirements and guidelines; (ii) include a listing of all applicable laws, regulations, and truth in advertising guidelines; (iii) establish a mechanism for ensuring that all applicable laws, regulations, and truth in advertising guidelines are metguidance letters; and (ivii) establish a training program to ensure that Total Group RBI and its employees involved in preparing or approving advertisements understand all applicable federal and state laws, regulations, supervisory requirements and truth in advertising guidelinesguidance letters. 3. Within ninety (90) days from the effective date of this Agreement, Total Group RBI agrees to submit a draft of its advertisement policies and procedures to the Department. 4. Within thirty one hundred twenty (30120) days of receipt of non-objection or any comments from the Departmenteffective date of this Agreement, and after incorporation and adoption of all comments, Total Group RBI agrees to submit a copy of its final advertisement policies and procedures to the Department together with a letter from an authorized officer of Total Group RBI indicating his/her approval of such advertisement policies and procedures. 5. Total Group RBI further agrees to provide copies of all advertisements run by it for the twelve (12) month period following the effective date of this Agreement. 6. Total Group RBI agrees to pay a fine of $ 5,0007,500 payable in ten (10) equal monthly installments as follows: $750 upon execution of this Agreement, and $750 each on or before the 15th day of each consecutive month for the following nine (9) months. 7. Total Group RBI further agrees that such payment will be made in immediately available funds in accordance with the Department’s payment instructions.

SETTLEMENT TERMS AND CONDITIONS. Total Group IT IS HEREBY UNDERSTOOD AND AGREED by Licensee and all subsidiaries, affiliates, successors, assigns, agents, representatives and employees, that: 1. Licensee is willing to resolve the violations cited herein by entering into this Agreement and freely and voluntarily waives its right to a hearing under Section 44 of the Banking Law Sections 44 and 598 appeal on such violationsviolation. 2. Therefore, in consideration of the promises and covenants set forth herein: 1. Total Group Licensee agrees to take all necessary steps to ensure its compliance with all applicable federal and state laws, regulations, regulations and supervisory requirements relating to its mortgage business, including, but not limited to: a. complying with the requirements of Article 12-D of the Banking Law, Law and Part 38 of the General Regulations; b. not conducting or transacting business in this state under any assumed name or designation using any website, domain, or other name that has not been approved by the Superintendent; c. ensuring that its advertisements do not otherwise mislead consumers as to the terms and conditions of credit it is offering and that such advertisements disclose clearly and conspicuously the existence of material terms, conditions, and limitations relating to any advertised offer of credit; and d. b. ensuring that it United Shore obtains the prior approval of the Superintendent for any action that will not advertise terms of credit using footnotes, asterisks, small print and color contrasts that materially contradict result in the use a different name or modify the principal message of its advertisements, and will disclose clearly and conspicuously all material informationwebsite. 23. Total Group Licensee agrees to develop appropriate written advertisement compliance policies and procedures (“Compliance Policies and Procedures”) designed to ensure compliance with all applicable federal and state laws, regulations, supervisory requirements, requirements and guidelinesguidance letters. The policies Compliance Policies and procedures Procedures shall, at a minimum: (i) designate an individual responsible for monitoring compliance with all applicable federal and state laws, regulations, supervisory requirements, requirements and guidelines; (ii) include a listing of all applicable laws, regulations, and truth in advertising guidelines; (iii) establish a mechanism for ensuring that all applicable laws, regulations, and truth in advertising guidelines are metguidance letters; and (ivii) establish a training program to ensure that Total Group United Shore and its employees involved in preparing or approving advertisements loan origination understand all applicable federal and state laws, regulations, supervisory requirements and truth in advertising guidelinesguidance letters. 34. Within ninety No later than ten (9010) days from after the effective date of this Agreement, Total Group agrees to submit Licensee shall pay a draft penalty of its advertisement policies and procedures $5,000 to the Department. 4. Within thirty (30) days of receipt of non-objection or any comments from the Department, and after incorporation and adoption of all comments, Total Group agrees to submit a copy of its final advertisement policies and procedures to the Department together with a letter from an authorized officer of Total Group indicating his/her approval of such advertisement policies and procedures. 5. Total Group further agrees to provide copies of all advertisements run by it for the twelve (12) month period following the effective date of this Agreement. 6. Total Group agrees to pay a fine of $ 5,000. 7. Total Group further agrees that such The payment will shall be made in immediately available funds by wire transfer in accordance with the Department’s payment instructions. 5. Neither Licensee, nor any of its parents, subsidiaries, or affiliates shall, collectively or individually, seek or accept, directly or indirectly, reimbursement or indemnification including but not limited to payment made pursuant to any insurance policy, or from any of its parents, subsidiaries, or affiliates, with regard to any or all of the amount payable pursuant to this Settlement Agreement. 6. Licensee agrees that it will not claim, assert, or apply for a tax deduction or tax credit with regard to any U.S. federal, state or local tax, directly or indirectly, for any portion of the penalty paid pursuant to this Agreement.

SETTLEMENT TERMS AND CONDITIONS. Total Group GRI is willing to resolve the violations cited alleged herein by entering into this Agreement and freely and voluntarily waives its right to a hearing under Banking Law Sections 44 and 598 on such violations. Therefore, in consideration of the promises and covenants set forth herein: 1. Total Group GRI agrees to take all necessary steps to ensure its compliance with all applicable federal and state laws, regulations, and supervisory requirements relating to its mortgage business, including, but not limited to: a. complying with the requirements of Article 12-D of the Banking Law, and Part 38 of the General RegulationsRegulations of the Banking Board; b. ensuring that it will not utilize an unauthorized domain name or website to conduct New York regulated residential mortgage loan business; c. not conducting or transacting business in this state under any assumed name or designation using any website, domain, or other name that has not been approved by the Superintendent; c. d. ensuring that its advertisements do not otherwise mislead consumers as to the terms and conditions of credit it is offering and that such advertisements disclose clearly and conspicuously the existence of material terms, conditions, and limitations relating to any advertised offer of credit; and d. e. ensuring that it will not advertise terms of credit using footnotes, asterisks, small print and color contrasts that materially contradict or modify the principal message of its advertisements, and will disclose clearly and conspicuously all material information. 2. Total Group GRI agrees to develop appropriate written advertisement policies and procedures designed to ensure compliance with all applicable federal and state laws, regulations, supervisory requirements, and guidelines. The policies and procedures shall, at a minimum: (i) designate an individual responsible for monitoring compliance with all applicable federal and state laws, regulations, supervisory requirements, and guidelines; (ii) include a listing of all applicable laws, regulations, and truth in advertising guidelines; (iii) establish a mechanism for ensuring that all applicable laws, regulations, and truth in advertising guidelines are met; and (iv) establish a training program to ensure that Total Group and its employees involved in preparing or approving advertisements understand all applicable federal and state laws, regulations, and truth in advertising guidelines. 3. Within ninety (90) days from the effective date of this Agreement, Total Group agrees to submit a draft of its advertisement policies and procedures to the Department. 4. Within thirty (30) days of receipt of non-objection or any comments from the Department, and after incorporation and adoption of all comments, Total Group agrees to submit a copy of its final advertisement policies and procedures to the Department together with a letter from an authorized officer of Total Group indicating his/her approval of such advertisement policies and procedures. 5. Total Group further agrees to provide copies of all advertisements run by it for the twelve (12) month period following the effective date of this Agreement. 6. Total Group agrees to pay a fine of $ 5,000. 7. Total Group further agrees that such payment will be made in immediately available funds in accordance with the Department’s payment instructions.;