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HomeMy WebLinkAbout908767 00502 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO LITTON LOAN SERVICING LP 4828 Loop Central Drive Houston, Texas 77081 Ann: Amanda Miller [~.CEIVED 5/27/2005 at 3:53 Pk4 RECEIVING # 908767 BOOK: 586 PAGE: 502 JEANNE WAGNER /.-IIVILOLN COUNTY CLERK, KEMMERER, WY LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Deutsche Bank National Trust Company, a national banking association organized and existing under the laws of the United States, formerly known as Bankers Trust Company of California, N.A. and having its principal place of busin(~s at 1761 East St. Andrew Place, Santa Aaa, California, 92705, as Trustee (the "Trustee") pursuant to the Pooling and Servicing Agreement by and between Ameriquest Mortgage Securities, Inc. (the "Depositor"), Ameriquest Mortgage Company (the "Master Servicer") and the Trustee, dated as of July 1, 2003 ("Asset-Backed Pass-Through Certificates, Series 2003-7), and pursuant to that Special Sub-Servicing Agreernent between Ameriquest Mortgage Company (the "Master Servicer") and Litton Loan Servicing LP (the "Special Sub-Servicer") dated as of July 3, 2003 hereby constitutes and appoints the Special Sub-Servicer, by and through the Special Sub-Servicer's officers, the Trustee's true and lawful Attorney-in- Fact, in the Trustee's name, place and stead and for the Trustee's benefit, in connection with all mortgage loans serviced by the Special Sub-Servicer and held by Deutsche Bank National Trust Company, as Trustee, solely for the purpose of performing such acts and executing such documents in the name of the Trustee necessary and appropriate to effectuate the following enumerated transactions in respect of any of the mortgages or deeds of trust (th(: "Mortgages" and the "Deeds of Trust" respectively) and promissory notes secured thereby (the "Mortgage Notes") for which the undersigned is acting as Trustee for various noteholders (whether the undersigned is named therein as mortgagee or beneficiary or has become mortgagee by virtue of endorsement of the Mortgage Note secured by any such Mortgage or Deed of Trust) and for which Litton Loan Servicing LP is acting as the Special Sub-Servicer under the related Agreement. This appointment shall apply to the following enumerated transactions only: The modification or re-recording of a Mortgage or Deed of Trust, where said modification or re-recordings is for the purpose of correcting the Mortgage or Deed of Trust to conform same to the original intent of the parties thereto or to correct title errors discovered after such title inst, rance was issued; provided that (i) said modification or re-recording, in either instance, does not adversely affect the lien of the Mortgage or Deed of Trust as insured and (ii) otherwise confon'ns to the provisions of the agq'eement. The subordination of the lien of a Mortgage or Deed of Trust to an easement in favor of a public utility company or a government agency or unit with powers of eminent domain; this section shall include, without limitation, the execution of partial satisfactions/releases, partial reconveyances or the execution or requests to trustees to accomplish same. The conveyance of the properties to the mortgage insurer, or the closing of the title to the property to be acquired as 'real estate owned, or conveyance of title to real estate owned. The completion of loan assumption agreements. The full satisfaction/release of a Mortgage or Deed of Trust or full conveyance upon payment and discharge of all sums secured thereby, including, without limitation, cancellation of the related Mortgage Note. The assignment of any Mortgage or Deed of Trust and the related Mortgage Note, in connection with the repurchase of the mortgage loan secured and evidenced thereby. The full assignment of a Mortgage or Deed of Trust upon payment and discharge of all sums secured thereby in conjunction with the refinancing thereof, including, without limitation, the assignment of the related Mortgage Note. With respect to a Mortgage or Deed of Trust, the foreclosure, the taking of a deed in lieu of foreclosure, or the completion of judicial or non-judicial foreclosure or termination, cancellation or rescission of any such foreclosure, including, without limitation, any and all of the following acts: the substitution of trustee(s) serving under a Deed of Trust, in accordance with state law and the Deed of Trust; the preparation and issuance of statements of breach or non-performance; the preparation and filing of notices of default and/or notices of sale; the cancellation/rescission of notices of default and/or notices of sale; the taking ora deed in lieu of foreclosure; and the preparation and execution of such other documents and perfomqance of such other actions as may be necessary under the terms of the Mortgage, Deed of Trust or state law to expeditiously complete said transactions in paragraphs 8.a. through 8.e., above. With respect to the sale of property acquired through a foreclosure or deed-in lieu of foreclosure, including without limitation, the execution of the following documentation: a. listing agreements; b. purchase and sale agreements; grant/warranty/quit claim deeds or any other deed causing the transfer of title of the property to a party contracted to purchase same; d. escrow instructions; and [J .,'sd'tlan::l'2's 1)oc4\ 3OVx!I~;t O:' A' T('~RNi::'(".DB 8o2 .'xL'~eriqu,:st 2003-7 POA any and all documents necessary to effect the transfer of property. 0050 o 10. The modification or amendment of escrow agreements established for repairs to the mortgaged property or reserves for replacement or personal property. The undersigned gives said Attorney-in-Fact full power and authority to execute such instruments and to do and perform all and every act and thing necessary and proper to carry into effect the power or powers granted by or under this Limited Power of Attorney as fully as the undersigned might or could do, and hereby does ratify and confirm to all that said Attorney-in-Fact shall be effective as of the date hereof. Tiffs appointment is to be construed and interpreted as a limited power of attorney. The enumeration of specific items, rights, acts or powers herein is not intended to, not' does it give rise to, and it is not to be construed as a general power of attorney. Nothing contained herein shall (i) limit in any manner any indemnification provided by the Special Sub-Servicer to the Trustee under the Agreements, or (ii) be construed to grant the Special Sub-Servicer the power to initiate or defend any suit, litigation or proceeding in the name of Deutsche Bank National Trust Company except as specifically provided for herein. If the Special Sub- Servicer receives any notice of suit, litigation or proceeding in the name of Deutsche Bank National Trust Company or Bankers Trust Company of California, N.A., then the Special Sub-Servicer shall promptly forward a copy of same to the Trustee. This limited power of attorney is not intended to extend the powers granted to the Special Sub-Servicer under the Agreernent or to allow the Special Sub-Servicer to take any action with respect to Mortgages, Deeds of Trust or Mortgage Notes not authorized by the Agreement. This limited Power of Attorney is entered into and shall be governed by the laws of the State of New York without regard to conflicts of law principles of such state. Third parties without actual notice may rely upon the exercise of the power granted under this Limited Power of attorney; and may be satisfied that this Limited Power of Attorney shall continue in full force and effect and has not been revoked unless an instrument of revocation has been made in writing by the undersigned. IN WITNESS WHEREOF, Deutsche Bank National Trust Company, as Trustee pursuant to that Pooling and Servicing Agreement dated as of July 1, 2003 (Asset-Backed Pass-Through Certificates, Series 2003-7) and the Special Sub-Servicing Agreement by and between Trustee and the Special Sub-Servicer, dated as of July 3, 2003, has caused its corporate seat be hereto affixed and these presents to be signed and acknowledged in its name and behalf by its duly elected and authorized this day of ,2004. Deutsche Bank National Trust Company as Trustee for the holders of Asset-Backed Pass-ThrOugh Certificates, Series 2003-7 Acknowledged and Agreed Litton Loan Servicing LP Title: Senior Vice President Witness: Name:_ Witness:_ Name: STATE OF CALIFORNIA COUNTY OF ORANGE On October 13, 2004 , before me the undersigned, a Notary Public in and for said state, personally appeared Ronaldo Reyes, an Assistant Vice President of Deutsche Bank National Trust Company, as Trustee for Asset-Backed Pass-Through Certificates, Series 2003-7, personally known to me to be the person whose name is subscribed to the within insn-ument and acknowledged to me that he/she executed that same in his/her authorized capacity, and that by his/her signature on the instrument the entity upon behalf of which the person acted and executed the instrument. WITNESS my hand and official seal. (SEAL) Commission ti 1476974 Notary Public-California Los ~geles CounN Notary Public, State of CALIFORNIA {3 ',Amm'.,da's DocsSPO\~..'ER OF A ['I'Ot?Ni Y.I)B · 802 ·