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A TRUE COPY CERTIFICATION ON LAST PAGE RYAN L. BUTLER, CLERK seeks a money judgment in connection with the claim for unpaid charges for Water and Sewer Services against the named "Designated Representatives." The Property was previously owed by Patrick E. Collins (the father of Patrick Brian Collins) and Marguerite R. Collins (the mother of Patrick Brian Collins). As alleged in the Complaint, Patrick E. Collins died on or about May 12, 2008, and Marguerite R. Collins remained as the sole owner of the Property until her death on or about January 5, 2012. To the best knowledge of Patrick Brian Collins, a probate proceeding was not filed or opened by the named personal representative or any other person for Marguerite R. Collins. Prior to the filing of the Complaint, Patrick Brian Collins, did not have knowledge of or possession of the Last Will and Testament of Marguerite R. Collins (purportedly signed October 28, 1987)(the "Last Will") and was not appointed as "personal representative" of any estate for or relating to Marguerite R. Collins. Patrick Brian Collins has not taken title to the Property or received a deed conveying any interest in the Property to Patrick Brian Collins. Accordingly, while Patrick Brian Collins is a descendant of his mother Marguerite R. Collins and a named beneficiary of the residual property in the Last Will, Patrick Brian Collins does not hold legal title in and to the Property and has no knowledge concerning the title to the Property and any liens and encumbrances attaching to and encumbering the Property. The Parties hereto intend to settle their respective causes of action, claims and disputes and the Pending Action on the terms and subject to the conditions set forth in this Settlement Agreement below. AGREEMENT NOW, THEREFORE, in consideration of mutual covenants set forth herein, the receipt and sufficiency of which are hereby acknowledged, Parties hereby agree as follows: 1. Recitals/Exhibits. The above Recitals are hereby incorporated into this Settlement Agreement by this reference as if fully set forth in this paragraph. All schedules and exhibits expressly identified herein are hereby incorporated into this Settlement Agreement, by this reference, as if fully set forth in this Settlement Agreement. 2. Stipulation to in Rem Final Judgment of Foreclosure. Simultaneously with the execution of this Agreement, Defendant Patrick Brian Collins shall sign the Stipulation To In Rem Final Judgment Of Foreclosure Against Defendant, Patrick Brian Collins, Only, attached hereto as Exhibit "A" (the "Patrick Collins Stipulation for Foreclosure") and deliver an electronic copy of the signed Patrick Collins Stipulation for Foreclosure D. Johnathan Rhodeback, Esq., (the "IRC Attorney"), as IRC's attorney of record in the Pending Action. Upon delivery from Patrick Brian Collins, the IRC Attorney shall sign on behalf of IRC as its authorized representative and agent and deliver an electronic copy of the signed Patrick Collins Stipulation for Foreclosure to Patrick Brian Collins c/o his counsel, James Fallace, Esq., of Fallace & Larkin, at: jim@fallacelarkinlaw.com. 3. IRC's Voluntary Dismissal. Simultaneously with the execution of this Agreement, IRC through the IRC Attorney shall sign Plaint's Notice of Voluntary Dismissal of Claims Against Defendant, Patrick Brian Collins, Only, With Prejudice, pursuant to Fla. R. Civ. P. 1.420(a)(1)(A), attached hereto as Exhibit "B" (the "IRC Voluntary Dismissal") and within two (2) Business Days' ofreceipt of the signed Patrick Collins Stipulation for Foreclosure shall file of record in the Pending Action with the Clerk of Court and Comptroller for Indian River County, Florida, Plaintiff's Notice of Voluntary Dismissal of Claims Against Defendant, Patrick Brian Collins, Only, With Prejudice, and all other documents necessary to cause as 1 "Business Day" shall mean any day of the week in which the Indian River County Courthouse is open to the general public 2