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HomeMy WebLinkAbout9480536010518018 11111111111111111111111111 2009006160 05/15/2009 1 of 4 R 21.00 D 0.00 Reim to: Fidelity Nat'l Asset Mqa 111111 HIM III 111111111 IN 10385 W = D° 3,k9 loo 04:22P PA W w tffTtinster, CO 8=1 City&Cnty Broomfield 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, and having its principal place of business at 1761 East St. Andrew Place, Santa Ana, California, 92705, as Trustee (the "Trustee") pursuant to those certain Pooling and Servicing Agreements referenced on Exhibit A (the "Agreements") by and among the Trustee, JPMorgan Chase Bank, N.A. as successor in interest to Washington Mutual Bank, formerly known as Long Beach Mortgage Company (the "Servicer"), and Long Beach Securities Corp. (the "Depositor"), hereby constitutes and appoints the Servicer, by and through the 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 Servicer pursuant to the Agreements 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 (the "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 certificateholders (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 JPMorgan Chase Bank, N.A. is acting as the Servicer. This Appointment shall apply only to the following enumerated transactions and nothing herein or in the Agreements shall be construed to the contrary: 1. The modification or re-recording of a Mortgage or Deed of Trust, where said modification or re-recording is solely 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 insurance 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 conforms to the provisions of the Agreements. 2. The subordination of the lien of a Mortgage or Deed of Trust to an easement in favor of a public utility company of 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. 3. 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. 4. The completion of loan assumption agreements. 5. 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. 6. 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. 7. 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. 8. 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: RECEIVED 6/30/2009 at 3:34 PM RECEIVING # 948053 BOOK: 726 PAGE: 581 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY IlN-n1 MOIJI 1111111111111111111111111111111 111 Ifil II I-.III 2009006160 05/15/2009 04:22P PA rNt,u~8 2 of 4 R 21.00 D 0.00 City&Cnty Broomfield a. the substitution of trustee(s) serving under a Deed of Trust, in accordance with state law and the Deed of Trust; b. the preparation and issuance of statements of breach or non-performance; C. the preparation and filing of notices of default and/or notices of sale; d. the cancellation/rescission of notices of default and/or notices of sale; e. the taking of deed in lieu of foreclosure; and f. the preparation and execution of such other documents and performance 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. 9. 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; C. 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 e. any and all documents necessary to effect the transfer of property. 10. The modification or amendment of escrow agreements established for repairs to the mortgaged property or reserves for replacement of 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 May 1st, 2009. This 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, nor 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 Servicer to the Trustee under the Agreements, or (ii) be construed to grant the 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 Servicer receives any notice of suit, litigation or proceeding in the name of Deutsche Bank National Trust Company then the 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 Servicer under the Agreements or to allow the Servicer to take any action with respect to Mortgages, Deeds of Trust or Mortgage Notes not authorized by the Agreements. The Servicer hereby agrees to indemnify and hold the Trustee and its directors, officers, employees and agents harmless from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by reason or result of or in connection with the exercise by the Servicer 2 1 1111111111 ~ill~l I~II~I Millis 111 11111111II1 111111 111 Solon 1111 u1n 2009006160 05/15/2009 04:22P PA 3 of 4 R 21.00 D 0.00 City&Cnty Broomfield of the powers granted to it hereunder. The foregoing indemnity shall survive the termination of this Limited Power of Attorney and the Agreements or the earlier resignation or removal of the Trustee under the Agreements. 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, has caused its corporate seal to be hereto affixed and these presents to be signed and acknowledged in its name and behalf by a duly elected and authorized signatory this 1 st day of May 2009. Deutsche Bank National Trust Company, as Tulstee JP VICE PMIDENT Agreed L Jennifer Her nsader e: Associate it+,) jf) `IF S. Jy 4 ,j ~?P~ , y STATE OF CALIFORNIA COUNTY OF ORANGE On May 4th, 2009, before me, Tiffany Yuan, a Notary Public in and for said state, personally appeared Jennifer Hermansader of Deutsche Bank National Trust Company, as Trustee for (SEE ATTACHED), who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed that same in her authorized capacity, and that by her signature on the instrument the entity upon behalf of which the person acted and executed the instrument. I Certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SEAL) s x)11 I,~ x qoWfPublic, State of California 3 1111111111111111111111111111111111111111111111111111111 2009006160 05/15/2009 04:22P PR 4 of 4 R 21.00 D 0.00 City&Cnty Broomfield EXHIBIT A 'j Pursuant to those certain Pooling and Servicing Agreements dated as of SEE BELOW THE VARIOUS POOLING AND SERVICING AGREEMENT DATES (the "Agreements") by and among the Trustee, JPMorgan Chase Bank, N.A., as successor in interest to Washington Mutual Bank, formerly known as Long Beach Mortgage Company (the "Servicer"), and Long Beach Securities Corp, (the "Depositor"). Agreements Dated LONG BEACH MORTGAGE LOAN TRUST 2002-5 November 1, 2002 LONG BEACH MORTGAGE LOAN TRUST 2003-1 February 1, 2003 LONG BEACH MORTGAGE LOAN TRUST 2003-2 April 1, 2003 LONG BEACH MORTGAGE LOAN TRUST 2003-3 Junel, 2003 LONG BEACH MORTGAGE LOAN TRUST 2003-4 July 1, 2003 LONG BEACH MORTGAGE LOAN TRUST 2004-1 February 1, 2004 LONG BEACH MORTGAGE LOAN TRUST 2004-2 May 1, 2004 LONG BEACH MORTGAGE LOAN TRUST 2004-3 June 1, 2004 LONG BEACH MORTGAGE LOAN TRUST 2004-5 August 1, 2004 LONG BEACH MORTGAGE LOAN TRUST 2004-4 September 1, 2004 LONG BEACH MORTGAGE LOAN TRUST 2004-6 October 1, 2004 LONG BEACH MORTGAGE LOAN TRUST 2005-1 January 1, 2005 LONG BEACH MORTGAGE LOAN TRUST 2005-2 April 1, 2005 LONG BEACH MORTGAGE LOAN TRUST 2005-WL1 July 1, 2005 LONG BEACH MORTGAGE LOAN TRUST 2005-WL2 August 1, 2005 LONG BEACH MORTGAGE LOAN TRUST 2005-3 September 1, 2005 LONG BEACH MORTGAGE LOAN TRUST 2005-WL3 November 1, 2005 LONG BEACH MORTGAGE LOAN TRUST 2006-WL2 January 1, 2006 LONG BEACH MORTGAGE LOAN TRUST 2006-WL3 January 1, 2006 LONG BEACH MORTGAGE LOAN TRUST 2006-WL1 January 1, 2006 LONG BEACH MORTGAGE LOAN TRUST 2006-1 February 1, 2006 LONG BEACH MORTGAGE LOAN TRUST 2006-2 March 1, 2006 LONG BEACH MORTGAGE LOAN TRUST 2006-3 April 1, 2006 LONG BEACH MORTGAGE LOAN TRUST 2006-A May 1, 2006 LONG BEACH MORTGAGE LOAN TRUST 2006-4 May 1, 2006 LONG BEACH MORTGAGE LOAN TRUST 2006-5 June 1, 2006 LONG BEACH MORTGAGE LOAN TRUST 2006-6 July 1, 2006 LONG BEACH MORTGAGE LOAN TRUST 2006-7 August 1, 2006 LONG BEACH MORTGAGE LOAN TRUST 2006-8 September 1, 2006 LONG BEACH MORTGAGE LOAN TRUST 2006-9 October 1, 2006 LONG BEACH MORTGAGE LOAN TRUST 2006-10 November 1, 2006 LONG BEACH MORTGAGE LOAN TRUST 2006-11 December 1, 2006 te w Da d Recorder CtcColorado ,;c an field 1; R t0 t}; full, true and G inal i t : . g ct the or CC, rte k & Recorder 111111111111111111111111111 III11111111 III VIII 11/11111 2009001442 02/11/2009 11:53A CERT 1 of 1 R 6.00 D 0.00 City&Cnty Broomfield JPMORGAN CHASE BANK, NATIONAL ASSOCIATION INCUMBENCY CERTIFICATE t I HEREBY CERTIFY that I am an Assistant Secretary of JPMorgan Chase Bank, N.A. and that the following individual, holding the title set forth opposite his/her name, is a duly elected officer of JPMorgan Chase Bank, N.A. and is authorized to sign documents related to the sale mortgage loans and real property including deeds, affidavits, contracts, and settlement statements on behalf of the Company. Name: Lisa Shepherd Renee Johnson Victoria Grimm Dennis Gierula Steven Solof Kenneth Thorn Harold Holbrook Kelly Livingston Glenn Rusty Smallwood Terri Harris Cynthia Haynes-Allen Joel Guaderrama Dated: January 23, 2009 STATE OF New Jersey COUNTY OF Middlesex Title to which aDDointed: Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Vice President Lauren V. Harris, Assistant Secretary On this 23rd day of January, 2009, before me the undersigned notary public, personally appeared Lauren V. Harris, Assistant Secretary of JPMorgan Chase Bank, N.A., who proved to me through satisfactory evidence of identification, which was to be the person whose name is signed on this document, and acknowledged to me that she signed it voluntarily for its stated purpose, and signed this document as her free act and deed, and the free act and deed of JPMorgan Chase Bank, N.A., in her capacity as Senior Vice President. OFFICIAL SISAL LAL RA L SWP otary Public T-V WTNWK"-►Ew r Wycarom.E~Ipr«Mrd12t,1Df1 My Commission Expires: U- EU M C) N w, Zoe O U, U 030 L Ft U 0 0 8 .O ILL O WU U W- Q n LU U Qo❑ Z z LL UI~cc