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SETTLEMENT AGREEMENT AND RELEASE

Case 1:09-md-02036-JLK Document 2981-1 Entered on FLSD Docket 10/01/2012 Page 2 of 90. SETTLEMENT AGREEMENT AND RELEASE . This SETTLEMENT AGREEMENT and RELEASE ( AGREEMENT ) is made and entered into this 26th day of September, 2012, by and among Jeffrey M. Eno and Suzanne M. Cox ( Plaintiffs ), for themselves and on behalf of the SETTLEMENT Class, and BMO Harris Bank, , f/k/a M & I. Marshall & Ilsley Bank ( M & I Bank ), subject to the Court's preliminary and final approval as required by Rule 23 of the Federal Rules of Civil Procedure.

2 . MDL No. 2036 (“MDL 2036”). The claims against M & I Bank were assigned to MDL 2036’s so-called Fourth Tranche of cases. 3. On November 15, 2010, M & I Bank filed a Motion to Compel Arbitration and

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