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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION SAFECO INSURANCE COMPANY OF AMERICA, Plaintiff, v. NEW CAROLINA CONSTRUCTION COMPANY, INC., RAY W. McCarson and RENAE McCARSON, Defendants. ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION FILE NO.: 6:11-206-TMC

CONSENT ORDER OF DISMISSAL WITHOUT PREJUDICE It appearing to the Court by way of the stipulations executed by each of the parties to this Order that the parties hereto have settled this case and have reached an agreement with regarding to disposition of this case, the Court does herewith make the following findings and enter the following Order as set out below: FINDINGS OF FACT 1. The parties have entered into a Settlement Agreement to resolve the claims and

defenses raised in this action. 2. The Settlement Agreement provided that Defendants will make certain payments

to the Plaintiff over a period of 36 months. 3. Plaintiff hereby dismisses its action against Defendants without prejudice, but the

Court shall retain jurisdiction over this matter until the terms of the Settlement Agreement have been fully completed. 4. In the event Defendants default on their obligations under the Settlement

Agreement and fail to cure such default after Plaintiff provides the notice provided for in the

Settlement Agreement, then, without further notice to Defendants, Plaintiff shall be entitled to present an affidavit to the Court detailing the terms of the default and notice and setting forth the amounts of payments received to date under this Settlement Agreement. Plaintiff shall then be entitled to judgment in its favor in the amount of $490,000.00, less any amounts paid under the Settlement Agreement, together with post-judgment interest at the legal rate. It is therefore, considered ORDERED AND ADJUDGED upon the consent of the parties as follows: 1. Defendants shall pay to the Plaintiff the amounts set forth in the Settlement

Agreement between the parties according to the terms set forth therein. 2. In the event Defendants are in default under Defendants' obligations under the

Settlement Agreement and fails to cure Defendants' default after Plaintiff provides the notice provided for in the Settlement Agreement, then, without further notice to Defendants, Plaintiff shall be entitled to judgment in its favor in the amount of $490,000.00, less any amounts paid under the Settlement Agreement, together with post-judgment interest at the legal rate. 3. Plaintiff shall be entitled to such judgment by submitting to this Court an affidavit

of any representative of the Plaintiff setting out facts reflecting any default, the notice required under the Settlement Agreement, the failure of Defendants to cure, the amount of payments received by Plaintiff from Defendants pursuant to the terms of the Settlement Agreement, and stating the amount of the judgment requested. Defendants shall not be entitled to any further notice or opportunity for hearing prior to the entry of such judgment. 4. The Court shall retain jurisdiction over this matter until the terms of the

Settlement Agreement have been completed.

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WHEREFORE, upon the consent of all parties, the within and foregoing Findings of Fact and Order are issued and entered and this matter shall stand dismissed without prejudice under the terms set forth herein. DONE AND ENTERED THIS 2nd day of December, 2011.

s/Timothy M. Cain____________________ THE HONORABLE TIMOTHY M. CAIN United States District Court Judge WE SO CONSENT: s/John R. Devlin, Jr. ____________ John R. Devlin, Jr., Federal I.D. 0512 Emily T. Whitney, Federal I.D. 9412 DEVLIN & PARKINSON, P.A. 27 Cleveland Street, Suite 201 Greenville, South Carolina 29603 Telephone: (864) 242-4050 Facsimile: (864) 242-4277 AND /s/ John v. Burch _______________ John v. Burch, Georgia Bar 094900 BOVIS KYLE & BURCH, LLC 200 Ashford Center North, Suite 500 Atlanta, GA 30338 Telephone: (77) 391-9100 Attorneys for Plaintiff /s/ Mason A. Goldsmith, Jr._____________ Mason A. Goldsmith, Jr., Federal I.D. 7029 Bryan P. Kelly, Esq. ELMORE & GOLDSMITH, P.A. 55 Beattie Place, Suite 1005 Greenville, SC 29602 Telephone: (864) 255-9500 Attorneys for Defendants

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