Fill and Sign the Sample Letter Release Form

1Instruction: This is a model letter. Adapt to fit your facts and circumstances. FULL, FINAL AND ABSOLUTE MUTUAL RELEASE THIS FULL, FINAL AND ABSOLUTE MUTUAL RELEASE entered into this the       day of       , 20     by and between _____________________ as Master Subservicer (" _____________________ ") for _____________________ (" _____________________ "), _____________________ and _____________________ . NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by all parties, the parties agree and covenant as follows: 1. In consideration of receipt of the sum of       ($       ), the undersigned, _____________________ as Master Subservicer for _____________________ , does hereby release, acquit and forever discharge _____________________ (hereinafter " _____________________ 's") and _____________________ (hereinafter " _____________________ "), their owners, shareholders, officers, directors, agents, servants, attorneys, representatives, employees, successors and assigns, from any and all claims, causes of action, debts and obligations of any kind or nature known and unknown arising out of or in any way connected with a mortgage lien and the ownership of the Centurion Spartan, 14' x 70' mobile home, serial number       , including, without limitation, those claims which were alleged or could have been alleged in that certain legal proceeding filed in the County Court of _____________________ County, _____________________ , styled ,       v.       , through its agent _____________________ , and bearing Cause No.       on the docket of said Court and do hereby agree to cause said action to be dismissed with prejudice forthwith. 22. In consideration of a Warranty Bill of Sale from _____________________ , through its Master Subservicer _____________________ , to a _____________________ Centurion Spartan, 14' x 70' mobile home, bearing serial number       , the undersigned _____________________ s and _____________________ and all others do hereby release, acquit and forever discharge _____________________ , _____________________ and its related entities _____________________ and _____________________ , their owners, shareholders, officers, directors, agents, servants, attorneys, representatives, employees, successors and assigns, from any and all claims, causes of action, debts and obligations of any kind or nature, known and unknown, now or hereafter arising, which _____________________ 's or _____________________ may now or hereafter have on account of, or in any way arising out, or being connected with storing, moving, repairing, lot rent for or otherwise dealing with a _____________________ Centurion Spartan, 14' x 70' mobile home, bearing serial number       , including, without limitation, those which were alleged or could have been alleged in that certain legal proceeding filed in the County Court of _____________________ County, _____________________ , styled ,       v.       , through its agent _____________________ , and bearing Cause No.       on the docket of said Court and do hereby agree to cause said action to be dismissed with prejudice forthwith. 3. It is understood and agreed that the settlement evidenced by this Full, Final and Absolute Mutual Release (the "Release") is a compromise of all claims herein specified, whether past, present or future, that such claims are doubtful and disputed, and that execution of this Release is not to be construed as an admission of liability on the part of any party. Rather, liability is expressly denied. 4. The consideration expressly mentioned herein is the only consideration paid or to be paid by said parties hereby released. No representations as to damages or liability have been made. 3The parties acknowledge that no other party, or agent, or attorney of any other party, has made any promise, or representa tion or warranty to induce this Release, not herein expressly set forth, and no such promises, representations or warranties are relied upon as a consideration for this Release, or otherwise, but any and all of the parties' respective claims, of whatever nature are hereby fully and forever released, compromised and settled. Full and complete compromise, settlement, and accord and satisfaction are hereby acknowledged, and it is expressly agreed by the undersigned parties never to sue any of the other parties hereby released on any alleged promise, representation or warranty for this Release not herein expressly set forth. This Release shall bind the undersigned and their heirs, executors, administrators, subrogees, successors, or assigns. 5. This Agreement contains the entire agreement and understanding between the parties as to the matters specified herein and supersedes and replaces all prior negotiations or proposed agreements on this subject matter, whether written or oral. The terms contained herein may not be modified or amended except in writing signed by the parties. The terms of this Release are contractual and not a mere recital. 6. The undersigned further state that they have carefully read the foregoing instrument; that they know the contents thereof; that it has been fully explained to them by their attorney; that they understand and agree to each and every term and condition contained herein; that they signed the same as their own free act and deed; and that they have not assigned any rights released hereunder to any person or organization, private or governmental. Provided, however, that all parties understand that _____________________ transferred Master Subservicer responsibilities to The _____________________ Group, effective       , that _____________________ authorized _____________________ to conclude this matter, and that _____________________ as _____________________ to _____________________ may act in reliance upon this Release. 47. The terms of this Release arose from negotiations and discussions between the parties each of whom were represented by legal counsel. Accordingly, no party has claimed ambiguity in this Release to be construed against any other party claiming to have drafted or proposed the language in question. 8. This Release shall be governed by and construed pursuant to the laws of the State of       . In the event legal proceedings are initiated to enforce the terms of this Release, the prevailing party shall be entitled to recover from the losing party or parties its litigation expenses, costs and attorneys' fees at trial and on appeal. 9. This Release may be executed in two or more counterparts, each of which shall be deemed an original. WITNESS OUR SIGNATURES, this the       day of       , 20     . _____________________ , through its Master Subservicer, _____________________ , Inc. by: _____________________________ APPROVED: _____________________________       , ATTORNEY FOR PLAINTIFF 5by: ____________________________       by: ____________________________ APPROVED: ______________________________________       Attorney for       6STATE OF _____________________ ) COUNTY OF _____________________ ) PERSONALLY APPEARED BEFORE ME, the undersigned authority in and for said county and state on this the       day of       , 20       , within my jurisdiction, the within named       , who acknowledged that he is the _____________________ of _____________________ , as Master Subservicer for _____________________ , a _____________________ corporation, and that for and on behalf of said corporation, and as its act and deed, he executed and delivered the above and foregoing Full, Final and Absolute Mutual Release, after first having been duly authorized by said corporation to do so.       NOTARY PUBLIC My Commission Expires:       7STATE OF _____________________ ) COUNTY OF _____________________ ) PERSONALLY APPEARED BEFORE ME, the undersigned authority in and for said county and state on this the       day of       , 20     , within my jurisdiction, the within named       , who acknowledged that he is the _____________________ of _____________________ , a _____________________ corporation, and that for and on behalf of said corporation, and as its act and deed, he executed and delivered the above and foregoing Full, Final and Absolute Mutual Release, after first having been duly authorized by said corporation to do so.       NOTARY PUBLIC My Commission Expires:       8STATE OF _____________________ ) COUNTY OF _____________________ ) PERSONALLY APPEARED BEFORE ME, the undersigned authority in and for said county and state on this the       day of       , 20    , within my jurisdiction, the within named       , who acknowledged that he is the       of       , and that for and on behalf of said entity, and as its act and deed, he executed and delivered the above and foregoing Full, Final and Absolute Mutual Release, after first having been duly authorized to do so.       NOTARY PUBLIC My Commission Expires:       BILL OF SALE SELLER: _____________________ BUYER: _____________________ _____________________ , Through its Master _____________________ for _____________________ FOR AND IN CONSIDERATION of       Dollars ($       ), cash in hand paid, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, _____________________ , through Master Subservicer _____________________ , does hereby bargain, sell, transfer, deliver and warrant unto _____________________ , the following: One (1) _____________________ Centurion Spartan, 14' x 70' mobile home, bearing serial number       . WITNESS MY SIGNATURE, this the       day of       , 20     . _____________________ , Through its Master Subservicer _____________________ BY:       _ STATE OF _____________________ ) COUNTY OF _____________________ ) PERSONALLY APPEARED BEFORE ME, the undersigned authority in and for the jurisdiction aforesaid, _____________________ , who, having been by me first duly sworn, stated on his oath that he is the _____________________ of _____________________ , and that he executed and delivered the above and foregoing Bill of Sale, after being authorized to do so, on the day and year therein indicated as his true and voluntary act and deed.        SWORN TO AND SUBSCRIBED BEFORE ME, this the       day of       , 20     .       NOTARY PUBLIC My Commission Expires:       IN THE COUNTY COURT OF       COUNTY,             , THROUGH ITS AGENT,       PLAINTIFF VS. CAUSE NO.             DEFENDANT AGREED ORDER OF DISMISSAL WITH PREJUDICE This cause came on before the Court on the Joint Motion of Plaintiff and Defendant to dismiss this cause with prejudice and the Court having been advised that the parties have fully settled and compromised their claims, and have reached an amicable and agreeable resolution of their differences, finds that the Joint Motion is well-taken and should be granted. IT IS, THEREFORE, ORDERED AND ADJUDGED that this cause is hereby dismissed with prejudice with the parties to bear their respective costs and with the understanding that neither party will file a bill to tax costs. SO ORDERED AND ADJUDGED this the       day of       , 20     .       CIRCUIT COURT JUDGE APPROVED:             ATTORNEY FOR PLAINTIFF             ATTORNEY FOR DEFENDANT