Laserfiche WebLink
SETTLEMENT AGREEMENT AND <br /> MUTUAL RELEASE <br /> This agreement is made by and between BANK OF AMERICA <br /> NATIONAL• TRUST AND SAVINGS ASSOCIATION, A National Banking <br /> Association, (hereinafter "plaintiff" ) , on the one hand, and <br /> ELIZABETH D. EMERY, aka Elizabeth Emery, individually, (herein- <br /> after "defendant" ) , ana as trustee under the Elizabeth D. Emery <br /> Family Trust under declaration of trust dated October 25 ,. 1985 <br /> (hereinafter "Trust" ) , on the other, with reference to the <br /> following facts and recitations : <br /> A. Plaintiff commenced Civil Action No. 166765 in the <br /> Superior Court of the State of California in and for the County <br /> of San Joaquin, on October 4 , 1982 , against defendant <br /> (hereinafter "the Action" ) . <br /> B . on November 8, 1985, judgment was entered in said <br /> Action (hereinafter the "Judgment" ) in favor of plaintiff and <br /> against defendant for the sum of $180,825 . 75 . <br /> C. On December 19, 1985, defendant filed a Notice of <br /> Appeal of the Action. This appeal, which has been assigned Case <br /> No. 3 Civil C000349, remains pending in the Court of Appeal of <br /> the State of California in and for the Third Appellate District. <br /> D. Plaintiff recorded abstracts of the Judgment with <br /> the San Joaquin County Recorder, as document no. 86001104 , and <br /> with the Sonoma County Recorder, as document no. 86001144, on <br /> January 7 , 1986 and with the Yolo County Recorder, as document <br /> no. 000536 , on January 10, 1986 . <br /> - 1 - <br />