PHONE: (304) PHONE: (304) ! ; AX: (304) FAX: (304) January^, 2012

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Donald Wilkerson
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1 PULLiN, FOWLER FLANAGAN, BROWN &POEpuc JAMES.MARK BUILDING 600 NEVILLE STREET 90 i QUARRiER STREET SUITE 20 i CHARLESTON, wv BECKLEY, WV PHONE: (304) FAX: (304) CRANBERRY PLAZA 24i4 CRANBERRY SQUARE MORGANTOWN, WV PHONE: (304) PHONE: (304) ! ; AX: (304) FAX: (304) CAPERTON STATION OFFICE SUITES 229 EAST MARTiN STREET, 5 T:? FLOOR MARTINSBURG, wv PHONE: (304) FAX: (304) REPLY To: Charleston SENDERS wgreve@pffwv.com www. pffw v.com January^, 2012 Via Facsimile (304) Edward D, McDevitt, Esq. Bowles, Rice, McDavid, Graff & Love, LLP P.O. Box 1386 Charleston, WV RE: Textron Financial Corporation v. New Horizon Home Sales, Inc., et at. and Summit Community Bank v. Office of the Clerk of The Gilmer County Commission, et a/. United States Disctrict Court for the Northern District of West Virginia Civil Action No. 1:10-cv Dear Mr. McDevitt: Please find attached the Release and Assignment in this matter. As settlement was conditioned upon these both, please have your client execute the same and return to me. Upon receipt we will forward the settlement monies to you. If you have any questions, please do not hesitate to contact me. truly yours, f-o «=» WEG/jad Enclosures Wendy E. Greve Katie L. Hicklin fo C_ S» OK o ** en rn o

2 Edward McDevitt, Esq. January ^ Page 2 bcc: Jean Butcher, Clerk Mike Stafford Claim No. VW

3 TEXTRON FINANCIAL CORPORATION, Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA v. Civil Action No. 1:1G-cv-OOG39 Honorable Frederick P. Stamp, Jr, NEW HORIZON HOME SALES, INC., a West Virginia Corporation; GILMER HOUSING PARTNERS, LLC, a West Virginia limited liability Company; SUMMIT COMMUNITY BANK, a West Virginia corporation, and Defendants, SUMMIT COMMUINITY BANK, INC., v. Third-Party Plaintiff, OFFICE OF THE CLERK OF THE GILMER COUNTY COMMISSION, and JACK D. JONES. Third-Party Defendants. RELEASE AND SETTLEMENT AGREEMENT THIS RELEASE AND SETTLEMENT AGREEMENT is made by and between Third-Party Plaintiff, Summit Community Bank ("Releasing Party"), and Third-Party Defendant, Office of the Clerk of the Gilmer County Commission, and West Virginia Counties Risk Pool ("Released Parties"), and their subsidiaries, successors, agents, principals, members, officers, directors, attorneys, servants, employees, representatives,

4 and assigns of each, in the United States District Court, Northern District of West Virginia, Civil Action Number 1:10-cv KNOW ALL PERSONS BY THESE PRESENTS: That the Releasing Party, for and in consideration of the total sum of Forty Thousand Dollars and no cents ($40,000.00), cash in hand paid, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby release, acquit, and forever discharge the Released Parties and their subsidiaries, successors, agents, principals, members, officers, directors, attorneys, servants, employees, representatives, and assigns, of and from any and all claims, demands, damages, actions, causes of action, and suits at law or equity that the Releasing Party now or hereafter may have, including past, present, and future, both known and unknown, foreseeable and unforeseeable, of whatsoever kind or nature, for or because of and including those certain alleged acts associated with the alleged conduct of the Released Parties specifically alleged, or which could have been alleged, in the Complaint filed by the Releasing Party in the United States District Court, Northern District of West Virginia, Civil Action Number 1:10-cv It is expressly understood and agreed that this Release and Settlement Agreement is intended to extend to any and all claims, injuries, and damages sustained by the Releasing Party, without exception, including, but not limited to, past or future losses of any kind and any and ail other forms of recoverable compensation or damages, even to the extent that such injuries or damages may not be known or apparent at this time. It is further expressly understood and agreed that the settlement represented by this Release and Settlement Agreement is a compromise of a disputed claim and is not to be construed as an admission of guilt, negligence, wrongful conduct, or liability on the part

5 of the Released Parties, or any other person, firm, or entity connected with the Released Parties and such guilt, negligence, liability, or wrongful conduct on the part of the Released Parties is hereby expressly denied. It is further expressly understood and agreed that this Release and Settlement Agreement contains the entire agreement between the Releasing Party and the Released Parties and the terms of this Release and Settlement Agreement are contractual and not a mere recital. It is further expressly understood and agreed that, in exchange for the consideration previously described herein, the Releasing Party agrees to indemnify, defend, and forever hold harmless the Released Parties of and from any and all demands, damages, actions, causes of action, suits at law or equity, liens, claims, and cross-claims, including, but not limited to, any derivative and/or subrogation claims, of whatever kind and nature, made or brought by any person, firm, corporation, governmental agency, insurer, or other individual or entity, against the Released Parties, on account of or in any way connected with any of the Releasing Party's damages and injuries arising out of the allegations, transactions, events, circumstances, or occurrences which formed the basis for the Releasing Party's claims in Civil Action Number 1:10-cv-00039, pending in the United States District Court, Northern District of West Virginia, or the provision of any professional services to the Releasing Party as a result the allegations, transactions, events, circumstances, or occurrences which formed the basis for the Releasing Party's claims in Civil Action Number 1:10-cv This Release and Settlement Agreement is further intended by the Releasing Party and the Released Parties to fully resolve the pending litigation, as well as any future or derivative claims which have been or could later be made against the Released Parties by the Releasing Party as a result of the allegations, transactions, events, circumstances, or

6 occurrences which formed the basis for the Releasing Party's claims in Civil Action Number 1:10-cv-00039, pending in the United States District Court, Northern District of West Virginia. It is expressly understood and agreed that in exchange for the consideration aforesaid, the Releasing Party agrees to dismiss with prejudice Civil Action Number 1:10- cv-00039, pending in the United States District Court, Northern District of West Virginia, and the Releasing Party hereby directs and empowers its attorney of record to move the Court for such dismissal and to execute in its behalf all motions and orders necessary and incident thereto. It is expressly understood and agreed that the Releasing Party assigns to the Released Parties all of its claims, rights, and/or actions it may have against New Horizon Home Sales, Inc., and Jack D. Jones. The Releasing Party relies upon its own judgment in executing this Release and Settlement Agreement and has not relied upon or been induced to act by the statements or representations of the Released Parties, including the employees, agents, and attorneys of the Released Parties, except as to the payment of the consideration and covenants herein described. The Releasing Party affirmatively states that its representative is over the age of eighteen (18) years, is fully competent and duly authorized to execute this Release and Settlement Agreement, and is under no incapacity which could affect the Releasing Party's representative's legal ability or competency to enter into this Release and Settlement Agreement. WHEREFORE, the undersigned acknowledges and affirms that the entirety of this Release and Settlement Agreement has been read by the duly authorized representative of the Releasing Party prior to execution, is knowledgeable and understands the content

7 and legal effect of this Release and Settlement Agreement, has discussed this Release and Settlement Agreement with its counsel prior to execution, and freely and voluntarily signs and executes this Release and Settlement Agreement under oath with said knowledge and understanding. SUIW1T COMMUNITY BANK By: STATE OF WEST VIRGINIA, COUNTY OF, to wit: Taken, subscribed and sworn to before me, a Notary Public, in my said County and State, this the day of, 2012, by a duly authorized representative of Summit Community Bank. My commission expires: NOTARY PUBLIC

8 MESSAGE CONFIRMPTION 01X12x2012 1S:2S ID=PULJ_tN FOWLER FL-flNRGftN PL.L.C DATE 81XI2 S, R-TIME DISTflNT STflTION ID 02*12" Bowles Rice MODE TX PfiGES RESULT 006 OK S.C X12X2012 1S:2S PULL IN FOWLER FLftNOGRN PLLC * NO.063,, -- SOOWBVSU.BSTRBBT PULLIN. FOWLER 90i QUARJUER STREET Svroj201 Fl ANAPAN CHARLESTON, wv25301 BecKusY, WV 25SOI CKAMBBKRY PLAZ A STATION OFFICE Surtes K 14 CRAM8ERS.V SQUARE 229 EAST MAKTIK STREET, 3 n.ook, WV 2S50S, WV BROWNAPOFnir PHONE: (304) PHONE: (304) PHONE: (304.) PHOKE: (304) FAX: (304) PAX: (3O4) FAX: (304) FAX: (304) JRJEPILYTO: Charleston.: wgreve@pffvtt.eom January ^, 2O12 Via Facsimile (304) Edward D. McDevitt, Esq. Bowies, Rice, McDavid, Graff & Love, LLP P.O. Box 1386 Charleston, WV RE: Toxtron Financial Corporation v. New Horizon Hom& Sa/as, Inc., ef anc/ Summit Community Bank v. Office of th& Cl&rk of The County Commission, et a/- United States Dlsctrict Court for the Northern District of West Virginia Civil Action No. 1:1O-cv Dear Mr. McDevitt: Please find attached the Release and Assignment in this matter. As settlement was conditioned upon these both, please 'nave your client execute the same and return to rne. Upon receipt we will forward the settlement monies to you. If you have any questions, please do not hesitate to contact me. Very truly yours, WBG/jad Enclosures Wendy E. Greve Katie L. Hicklin

FULL AND COMPLETE RELEASE. WHEREAS, on or about,, (" ), an adult resident citizen of County,, was. involved in an automobile accident on in

FULL AND COMPLETE RELEASE. WHEREAS, on or about,, ( ), an adult resident citizen of County,, was. involved in an automobile accident on in FULL AND COMPLETE RELEASE WHEREAS, on or about,, (" ), an adult resident citizen of County,, was involved in an automobile accident on in County,, when the car he was driving collided with a vehicle driven