HomeMy WebLinkAbout9480536010518018
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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
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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
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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
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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
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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
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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
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