JOINT SETTLEMENT STIPULATION AND [PROPOSED] JUDGMENT

DONNA M. RYU, Magistrate Judge.

Pursuant to Civil Local Rule 7-12, Plaintiff, CB EQUITIES, LLC ("Plaintiff"), and Defendant, AMERICAN BROKERS CONDUIT CORPORATION ("Defendant") hereby stipulate to a settlement as follows.

WHEREAS, a certain deed of trust dated January 24, 2007, and recorded on January 30, 2007, as Document Number 2007-0028086-00 ("deed of trust"), designates AMERICAN BROKERS CONDUIT CORPORATION as the lender therein;

WHEREAS, the deed of trust purports to secure a loan against the property known as 223 Verde Mesa, Danville, California.

WHEREAS, AMERICAN BROKERS CONDUIT CORPORATION never loaned money with respect to the deed of trust;

WHEREAS, AMERICAN BROKERS CONDUIT CORPORATION has no objection to this Court's Judgment expunging, cancelling and nullifying the deed of trust upon the terms hereinafter set forth;

NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AND JOINTLY REQUEST, by and through their respective counsel of record, as follows:

1. Upon the Court's entry of Judgment upon this Joint Settlement Stipulation and Proposed Judgment, and in consideration of the same, each party releases the other party and their parents, subsidiaries, divisions, affiliated corporations, trustees, directors, officers, stockholders, partners, agents, servants, employees, representatives, attorneys, heirs, executors, administrators, successors and assigns, on any and all other claims, debts, liabilities, demands, obligations, promises, acts, agreements, costs, expenses, damages, actions, and causes of action, of whatsoever kind or nature, whether known or unknown, suspected or unsuspected, from the beginning of time to the date of entry of Judgment upon this Joint Settlement Stipulation and Proposed Judgment, and thereafter to the consummation of settlement with respect to all interactions and transactions between these parties upon which Case No. C-12-5449 is based, including any claims of malicious prosecution and abuse of process.

2. Each party shall bear its own costs and attorney's fees incurred in Case No. C-12-5449.

3. Each party expressly agrees to waive appeal of Case No. C-12-5449 and each party agrees that the Judgment herein will be final for all purposes.

4. Each party hereto warrants and represents that they have read and that they understand all of the provisions contained herein.

5. This Joint Settlement Stipulation and Proposed Judgment is signed freely by each party. Each person signing below in a representative capacity for a party has authority to bind that party.

6. Each party hereto represents and warrants that they have consulted with their own attorney concerning and participated in the drafting of each of the terms contained in this document. No inference, assumption, or presumption shall be drawn from the fact that one party or its attorney prepared this Joint Settlement Stipulation and Proposed Judgment.

7. It shall be conclusively presumed that each party participated in the preparation of this Joint Settlement Stipulation and Proposed Judgment.

8. Each party hereto agrees that this document, and the interpretation thereof, shall be governed by the laws of the State of California.

9. The site of venue for all purposes in interpretation and enforcement of this Agreement is in Contra Costa County, California.

10. Each of the parties hereto understands that each of the terms and conditions set forth herein are contractual and material to this Joint Settlement Stipulation and Proposed Judgment as a whole, and that none of the terms or conditions contained herein is a mere recital.

11. This Joint Settlement Stipulation and Proposed Judgment is the entire agreement between the parties. If any part of this Joint Settlement Stipulation and Proposed Judgment is determined to be unenforceable, the remaining provisions shall be enforced.

12. This Joint Settlement Stipulation and Proposed Judgement may be executed in counterparts, each of which will be deemed an original. Facsimile signatures will have the same force and effect as original signatures.

13. Each party shall, upon the other's reasonable request, take all steps and execute, acknowledge, and deliver to the others all further instruments necessary or expedient to effectuate the purposes of this Joint Settlement Stipulation and Proposed Judgment.

14. Each party will further not take any action which would interfere with the performance of this Joint Settlement Stipulation and Proposed Judgment or which would adversely affect any of the rights provided herein.

ATTESTATION PER GENERAL ORDER 45

I, Nikhil Bhatnagar, am the ECF User whose ID and password are being used to file this Joint Settlement Stipulation and Proposed Order. In compliance with General Order 45, X.B., I hereby attest that the counsel listed above have concurred with this filing.

SO REQUESTED AND STIPULATED.

JUDGMENT

PURSUANT TO STIPULATION, IT IS SO ORDERED, ADJUDGED AND DECREED:

The deed of trust dated January 24, 2007, and recorded on January 30, 2007, as Document Number 2007-0028086-00 is hereby expunged, cancelled and nullified.

EXHIBIT A