Common use of SETTLEMENT TERMS AND CONDITIONS Clause in Contracts

SETTLEMENT TERMS AND CONDITIONS. TMS is willing to resolve the violations cited herein by entering into this Agreement and freely and voluntarily waives its right to a hearing under BL Sections 44 and 598 on such violations. Therefore, in consideration of the promises and covenants set forth herein: 1. TMS 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 BL Article 12-D and GRS Part 38; and b. Ensuring that TMS does not conduct or transact New York regulated mortgage business using any website, domain or other name that has not been approved by the Superintendent. 2. TMS agrees to regularly review and update its written advertisement and compliance policies and procedures (collectively, “Compliance Policies and Procedures”) designed to ensure compliance with all applicable federal and state laws, regulations, supervisory requirements and guidance letters, and to provide copies thereof to the Department whenever requested. The Compliance 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 guidance letters; and (ii) establish a training program to ensure that TMS and its employees involved in loan origination understand all applicable federal and state laws, regulations, supervisory requirements and guidance letters. 3. Within thirty (30) days of the receipt of non-objection or any comments from the Department with respect to the draft version of TMS’s Compliance Policies and Procedures that is currently under review by the Department, and after incorporation and adoption of all comments, TMS agrees to submit a copy of its final Compliance Policies and Procedures to the Department together with a letter from an authorized officer of TMS indicating his/her approval of such Compliance Policies and Procedures. 4. TMS agrees to pay a fine of $25,000. 5. TMS further agrees that such payment will be made in immediately available funds in accordance with the Department’s payment instructions.

SETTLEMENT TERMS AND CONDITIONS. TMS 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 BL Sections Section 44 of the Banking Law and 598 appeal on such violations. 2. Therefore, in consideration of the promises and covenants set forth herein: 1. TMS Licensee 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 complying with the requirements of BL Article 12-D of the Banking Law and GRS Part 3838 of the General Regulations; and b. Ensuring ensuring that TMS does not conduct NJ Xxxxxxx obtains the prior approval of the Superintendent for any action that will result in the use a different name or transact New York regulated mortgage business using any website, domain or other name that has not been approved by the Superintendent. 23. TMS Licensee agrees to regularly review and update its develop appropriate written advertisement and compliance policies and procedures (collectively, “Compliance Policies and Procedures”) designed to ensure compliance with all applicable federal and state laws, regulations, supervisory requirements and guidance letters, and to provide copies thereof to the Department whenever requested. The Compliance 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 guidance letters; and (ii) establish a training program to ensure that TMS NJ Lenders Corp and its employees involved in loan origination understand all applicable federal and state laws, regulations, supervisory requirements and guidance letters. 34. Within thirty No later than ten (3010) days after the effective date of the receipt this Agreement, Licensee shall pay a penalty of non-objection or any comments from the Department with respect $10,000 to the draft version of TMS’s Compliance Policies and Procedures that is currently under review by the Department, and after incorporation and adoption of all comments, TMS agrees to submit a copy of its final Compliance Policies and Procedures to the Department together with a letter from an authorized officer of TMS indicating his/her approval of such Compliance Policies and Procedures. 4. TMS agrees to pay a fine of $25,000. 5. TMS 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. TMS NFM is willing to resolve the violations cited herein by entering into this Agreement and freely and voluntarily waives its right to a hearing under BL Banking Law Sections 44 and 598 on such with respect to the cited violations. Therefore, in consideration of the promises and covenants set forth herein: 1. TMS The Entity 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 complying with the requirements of BL Article 12-D of the Banking Law, and GRS Part 38; and38 of the General Regulations; b. Ensuring that TMS does not conduct conducting or transact New York regulated mortgage transacting business in this state under any name, assumed name or designation using any website, domain domain, or other name that has not been approved by the Superintendent; and c. not allowing its licensed MLOs to solicit New York regulated mortgage loans or take applications using the Entity’s domain names, subdomain names and websites, when the domain names were not authorized by the Department. 2. TMS The Entity agrees to regularly review and update enhance where advisable its written advertisement and compliance advertising policies and procedures (collectively, “Compliance Policies and Procedures”) designed in order to ensure compliance with all applicable federal and state laws, regulations, supervisory requirements and guidance letters, and to provide copies thereof to the Department whenever requested. The Compliance Policies 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 and guidance letters; and (ii) establish a training program to ensure that TMS the Entity and its MLO and non-MLO employees involved in loan origination understand all applicable federal and state laws, regulations, supervisory requirements and guidance letters. 3. Within ninety (90) days from the effective date of this Agreement, the Entity agrees to submit a draft of its advertisement policies and procedures to the Department. 4. Within thirty (30) days of the receipt of non-objection or any comments from the Department with respect to the draft version of TMS’s Compliance Policies and Procedures that is currently under review by the Department, and after incorporation and adoption of all comments, TMS the Entity agrees to submit a copy of its final Compliance Policies advertisement policies and Procedures procedures to the Department together with a letter from an authorized officer of TMS the Entity indicating his/her approval of such Compliance Policies advertisement policies and Proceduresprocedures. 45. TMS The Entity agrees to pay a fine of $25,000$ 7,500. 56. TMS The Entity further agrees that such payment will be made in immediately available funds in accordance with the Department’s payment instructions.

SETTLEMENT TERMS AND CONDITIONS. TMS IT IS XXXXXX UNDERSTOOD AND AGREED by Xxxxxxxxxx and all subsidiaries, affiliates, successors, assigns, agents, representatives and employees, that: 1. A & F is willing to resolve the violations cited herein by entering into this Agreement and freely and voluntarily waives its right to a hearing under BL Sections Section 44 of the Banking Law and 598 appeal on such violations. 2. Therefore, in consideration of the promises and covenants set forth herein: 1. TMS A & F 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 complying with the requirements of BL Article 12-D of the Banking Law and GRS Part 38410 of the Superintendent’s Regulations; and b. Ensuring ensuring that TMS does not conduct A & F obtains the prior approval of the Superintendent for any action that will result in the use a different name or transact New York regulated mortgage business using any website, domain or other name that has not been approved by the Superintendent. 23. TMS A & F agrees to regularly review and update its develop appropriate written advertisement and compliance policies and procedures (collectively, “Compliance Policies and Procedures”) designed to ensure compliance with all applicable federal and state laws, regulations, supervisory requirements and guidance letters, and to provide copies thereof to the Department whenever requested. The Compliance 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 guidance letters; and (ii) establish a training program to ensure that TMS A & F and its employees involved in loan origination understand all applicable federal and state laws, regulations, supervisory requirements and guidance letters. 34. Within thirty No later than ten (3010) days after the effective date of the receipt of non-objection or any comments from the Department with respect to the draft version of TMS’s Compliance Policies and Procedures that is currently under review by the Departmentthis Agreement, and after incorporation and adoption of all comments, TMS agrees to submit a copy of its final Compliance Policies and Procedures to the Department together with a letter from an authorized officer of TMS indicating his/her approval of such Compliance Policies and Procedures. 4. TMS agrees to A & F shall pay a fine penalty of $25,000. 53,000 payable in ten (10) equal monthly installments as follows. TMS further agrees that such payment will The payments shall be made in immediately available funds by wire transfer in accordance with the Department’s payment instructions.  $300 no later than ten (10) days after the effective date of this Agreement;  $300 each on or before the 15th day of immediately following nine (9) months. 5. Neither A & F, 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. A & F 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.