Free Settlement Agreement - District Court of Colorado - Colorado

Case 1:04-cv-00125-RPM-CBS

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Filed 04/21/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00125-RPM-CBS UNITED STATES OF AMERICA, Plaintiff, v. 770 LOOP ROAD, LEADVILLE, COLORADO; $10,846.00 IN UNITED STATES CURRENCY; and $6,546.06 IN UNITED STATES CURRENCY; Defendants. ______________________________________________________________________________ SETTLEMENT AGREEMENT ______________________________________________________________________________ COMES NOW the United States of America by and through United States Attorney William J. Leone and Assistant United States Attorney James S. Russell, Claimant Scott Gordon by and through his attorney Dennis Hartley, and Claimant Aurora Loan Services by and through its attorney Jannine Mohr, and enter into the following Settlement Agreement. 1. On or before June 30, 2006, Claimant Gordon will pay to the United States in readily available funds $56,607.94 in lieu of forfeiture of defendant 770 Loop Road. To the extent that refinancing of defendant 770 Loop Road is necessary, the United States will cooperate with Claimant Gordon in releasing its Lis Pendens, provided that the requisite funds are simultaneously transferred to the United States. 2. Claimant Gordon agrees to forfeit all right, title and interest to the $56,607.94 paid in lieu of forfeiting defendant 770 Loop Road, to defendant $10,846.00 in United States currency,

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and to defendant $6,546.06 in United States currency (together "the subject currency"). 3. Upon receipt of the $56,607.94, the United States will promptly file its Motion for Final Order of Forfeiture of the subject currency. 4. Claimant Aurora Loan Services, as servicer for the loan held by Lehman Brothers Bank, FSB, which loan is secured by a Deed of Trust recorded against defendant Loop Road, agrees that the Expedited Settlement previously filed with the Court, stipulating that Aurora Loan Services would be paid upon entry of Final Order of Forfeiture of defendant Loop Road the amounts owing under the Note and Deed of Trust, will be moot and no longer necessary upon the refinancing and the United States' release of its Lis Pendens. 5. If Claimant Gordon fails to meet the June 30, 2006 deadline for payment, he agrees immediately to vacate defendant 770 Loop Road and agrees to forfeit to the United States all of his right, title and interest in defendant 770 Loop Road and defendants $10,846.00 and $6,546.00 in United States currency. 6. Any attorneys fees incurred by Gordon will be his sole responsibility and obligation. 7. Gordon acknowledges that Aurora Loan Services ("ALS") is the servicer of a promissory note executed by Gordon on or about January 9, 2004 (the "note"), which is secured by a deed of trust executed by Gordon in favor of Lehman Brothers Bank, FSB ("Lehman"), on January 9, 2004. the deed of trust was recorded in the real property records of the Lake County (Colorado) Clerk and Recorder on January 16, 2004 at Reception Number 335861 B-594-P-711 (the "Deed of Trust"). Gordon further acknowledges and agrees that the terms and conditions of the Deed of Trust and the Note, are in full force and effect, including without limitation. Lehman's right to treat all amounts disbursed by Lehman as a result of and in connection with Page 2 of 6

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this action as the additional debt of Gordon. 8. The United States and Gordon forever and irrevocably release each other from any claims, damages, causes of action, whether in law or in equity, or founded in contract, tort, or any other legal or equitable theory with respect to the defendant properties in this forfeiture action, except for the obligations set forth in this Settlement Agreement. 9. The United States and Aurora Loan Services forever and irrevocably release each other from any claims, damages, causes of action, whether in law or in equity, or founded in contract, tort, or any other legal or equitable theory with respect to the defendant properties in this forfeiture action, except for the obligations set forth in this Settlement Agreement. 10. Should any other claims or answers be filed necessitating further administrative or judicial action regarding the defendant property Gordon agrees to cooperate fully with the United States in the preparation for, handling of, and hearings or trials on such claim or answer, as determined necessary by the United States. 11. This Settlement Agreement shall bind the agents, principles, affiliates, successors, assigns, personal representatives, heirs, attorneys of each of the parties to this Settlement Agreement. 12. Pursuant to 28 U.S.C. §2465 the United States and Gordon agree and stipulate that there was reasonable cause for the seizure of all defendant properties. 13. The United States agrees that upon entry of the Final Order of Forfeiture of the subject currency, the lis pendens recorded by the United States against defendant 770 Loop Road in connection with this action shall be released.

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14. The parties further agree and stipulate that the Court retain jurisdiction over this case to enforce the terms of this agreement.

Dated this 21st day of April, 2006 Respectfully submitted WILLIAM J. LEONE United States Attorney By: s/ James S. Russell James S. Russell Assistant United States Attorney 1225 Seventeenth Street, Ste. 700 Denver, Colorado 80202 Telephone (303) 454-0100 FAX: (303) 454-0402 E-mail: [email protected] Attorney for Plaintiff

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Dated:________________

DENNIS W. HARTLEY, P.C.

By:s/ Dennis W. Hartley Dennis W. Hartley 1749 South Eighth Street, Suite 5 Colorado Springs, CO 80906 Phone: 719-635-5521 Fax: 719-635-5760 E-mail: [email protected] Attorney for Claimant Scott Gordon

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Dated:__________________

LOWE, FELL & SKOGG, LLC

By:s/ Jannine Mohr Jannine Mohr 370 17th Street, Suite 4900 Denver, CO 80202 Phone:720-359-8200 Fax: 720-359-8201 E-mail: [email protected] Attorney for Claimant Aurora Loan Services CERTIFICATE OF SERVICE I hereby certify that on this 21st day of April, 2006, I electronically filed the foregoing Settlement Agreement with the Clerk of Court using the ECF system which will send notification of such filing to the following e-mail. [email protected] [email protected] s/ Pamela S. Jebens Pamela S. Jebens

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