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The Magistrate Judge concluded that failure to make payment and replace the letters of credit constituted a breach of the settlement agreement and recommended "1) enforcement of ¶ 4 [of the settlement agreement] and thus replacement of the letters of credit (i.e., elimination of [Issuer's] letter of credit exposure); 2) delivery of the tendered deed in lieu to [Issuer]; 3) payment of attorneys fees associated with enforcement of the settlement agreement; and 4) continued confidentiality of the settlement terms".

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