HomeMy WebLinkAbout949530After Recording
Please Return Power of Attorney to:
Document Management Department
Saxon Mortgage
4708 Mercantile Drive North
Fort Worth, Texas 76137
6010917880
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RECEIVED 9/17/2009 at 2:49 PM
RECEIVING # 949530
BOOK: 732 PAGE: 93
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that Deutsche Bank National Trust Company, a National
Banking Association, incorporated and existing under the laws of the United States of America, 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 servicing agreements between, among others, the
Trustee and Saxon Mortgage Services, Inc. (the "Servicer") relating to the trusts referenced in Exhibit A
attached hereto (each a "Servicing Agreement") 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 Servicing 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, deeds of trust, or security deeds
(the "Security Instrument") and promissory notes secured thereby (the "Mortgage Notes") for which the
undersigned is acting as Trustee for various holders under the respective Servicing Agreements (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 Security Instrument) and for which Saxon
Mortgage Services, Inc. is acting as the Servicer.
This Appointment shall apply only to the following enumerated transactions and nothing herein or in the
Agreement shall be construed to the contrary:
The modification or re-recording of a Security Instrument, where said modification or re-
recording is solely for the purpose of correcting the Security Instrument 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 Security Instrument as insured and
(ii) otherwise conforms to the provisions of the Agreement.
2. The subordination of the lien of a Security Instrument 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.
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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.
The full satisfaction/release of a Security Instrument 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 Security Instrument and the related Mortgage Note, in connection
with the repurchase of the mortgage loan secured and evidenced thereby.
7. The full assignment of a Security Instrument 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 Security Instrument, 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:
a. the substitution of trustee(s) serving under a Security Instrument, in accordance
with state law and the Security Instrument;
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 Security Instrument 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
601®9 i
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 August 20, 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 any of the Servicing 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
Agreement or to allow the Servicer to take any action with respect to Security Instrument or Mortgage
Notes not authorized by the Servicing 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 of the powers granted to it hereunder. The
foregoing indemnity shall survive the termination of this Limited Power of Attorney and the Servicing
Agreements or the earlier resignation or removal of the Trustee under any of the Servicing 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 20th of August 2009.
3
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By.
Witness:
Name
Title:
Deutsche Bank National Trust Company, as Trustee
Name: ona R Reyes
Title: Vic esident
Vieta
Administrator
Acknowledged and Agreed
Saxon Mortgagee Services, Inc.
e
By: T_A00 .Ya
Name: Natalie Flowers
Title: VP Saxon Document Mgmt
STATE OF CALIFORNIA
COUNTY OF ORANGE
Witness:
N
AIN
W
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On August 20, 2009, before me, Rosa Mendez, a Notary Public in and for said state, personally
appeared Ronaldo R. Reyes of Deutsche Bank National Trust Company, as Trustee for each of the trusts
listed on Exhibit A hereto, 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 his executed that same in his
authorized capacity, and that by his 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)
ROSA MENDEZ
Commission # 1826953
Notary Public California z
Orange County A
My Comm. Expires Dec 15, 2012
Notary Public, St e o Ca fornia
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Title: Trust Administrator
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EXHIBIT A
IXIS REAL ESTATE CAPITAL TRUST
2006-HE2
EQUIFIRST MORTGAGE LOAN TRUST 2005-1
SOUNDVIEW HOME LOAN TRUST 2005-2
MERITAGE MORTGAGE LOAN TRUST 2004-2
MERITAGE MORTGAGE LOAN TRUST 2005-1
GSAA HOME EQUITY TRUST 2006-2
MORGAN STANLEY ABS CAPITAL I INC. TRUST
2007-HE I
MORGAN STANLEY LOAN TRUST 2005-2AR
MORGAN STANLEY LOAN TRUST 2005-5AR
MORGAN STANLEY LOAN TRUST 2005-9AR
SAXON ASSET SECURITIES TRUST 2007-1
SAXON ASSET SECURITIES TRUST 2007-3
SAXON ASSET SECURITIES TRUST 2006-2
EQUIFIRST MORTGAGE LOAN TRUST 2004-2
SOUNDVIEW HOME LOAN TRUST 2004-1
SOUNDVIEW HOME LOAN TRUST 2006 - EQ1
MERITAGE MORTGAGE LOAN TRUST 2004-3
MERITAGE MORTGAGE LOAN TRUST 2005-2
MORGAN STANLEY ABS CAPITAL I INC.
TRUST 2006-HE8
MORGAN STANLEY ABS CPITAL INC. TRUST
2007-SES 1
MORGAN STANLEY LOAN TRUST 2005-3AR
MORGAN STANLEY LOAN TRUST 2005-6AR
MORGAN STANLEY LOAN TRUST 2005-1 IAR
SAXON ASSET SECURITIES TRUST 2007-2
SAXON ASSET SECURITIES TRUST 2007-4
5
MSAC 2007-HEl
Morgan Stanley ABS Capital I Inc. Trust 2007-HEl
MSAC 2007-NCl
Morgan Stanley ABS Capital I Inc. Trust 2007-NCl
MSAC 2007-HE2
Morgan Stanley ABS Capital I Inc. Trust 2007-HE2
MSHEL 2007-1
Morgan Stanley Home Equity Loan Trust 2007-1
MSAC 2007-HE3
Morgan Stanley ABS Capital I Inc. Trust 2007-HE3
MSAC 2007-HE4
Morgan Stanley ABS Capital I Inc. Trust 2007-HE4
MSHEL 2007-2
Morgan Stanley Home Equity Loan Trust 2007-2
MSAC 2007-HE5
Morgan Stanley ABS Capital I Inc. Trust 2007-HE5
MSAC 2007-NC2
Morgan Stanley ABS Capital I Inc. Trust 2007-NC2
MSAC 2007-NC3
Morgan Stanley ABS Capital I Inc. Trust 2007-NC3
MSAC 2007-HE6
Morgan Stanley ABS Capital I Inc. Trust 2007-HE6
MSAC 2007-NC4
Morgan Stanley ABS Capital I Inc. Trust 2007-NC4
MSSTI 2007-1
Morgan Stanley Structured Trust 2007-1
MSAC 2006-HE4
Morgan Stanley ABS Capital I Inc. Trust 2006-HE4
MSAC 2006-HE5
Morgan Stanley ABS Capital I Inc. Trust 2006-HE5
MSAC 2006-HE6
Morgan Stanley ABS Capital I Inc. Trust 2006-HE6
MSAC 2006-NC4
Morgan Stanley ABS Capital I Inc. Trust 2006-NC4
IXIS 2005-HE3
IXIS Real Estate Capital Trust 2005-HE3
IXIS 2005-HE4
IXIS Real Estate Capital Trust 2005-HE4
IRIS 2006-HE1
IXIS Real Estate Capital Trust 2006-HE1
IXIS 2006-HE2
IXIS Real Estate Capital Trust 2006-HE2
MSIX 2006-1
Morgan Stanley IXIS Real Estate Capital Trust 2006-1
IXIS 2006-HE3
IXIS Real Estate Capital Trust 2006-HE3
MSIX 2006-2
Morgan Stanley IXIS Real Estate Capital Trust 2006-2
IXIS 2007-HEl
IXIS Real Estate Capital Trust 2007-HE1
NATIXIS 2007-HE2
NATIXIS Real Estate Capital Trust 2007-HE2
GSAA Home Equity Trust 2006-2
GSAA Home Equity Trust 2006-2
Saxon 00-2
Saxon Asset Securities Trust 2000-2
Saxon 00-3
Saxon Asset Securities Trust 2000-3
Saxon 00-4
Saxon Asset Securities Trust 2000-4
Saxon 01-1
Saxon Asset Securities Trust 2001-1
Saxon 01-2
Saxon Asset Securities Trust 2001-2
Saxon 01-3
Saxon Asset Securities Trust 2001-3
Saxon 02-1
Saxon Asset Securities Trust 2002-1
Saxon 02-2
Saxon Asset Securities Trust 2002-2
Saxon 02-3
Saxon Asset Securities Trust 2002-3
Saxon 03-1
Saxon Asset Securities Trust 2003-1
Saxon 03-2
Saxon Asset Securities Trust 2003-2
Saxon 03-3
Saxon Asset Securities Trust 2003-3
Saxon 04-1
Saxon Asset Securities Trust 2004-1
Saxon 04-2
Saxon Asset Securities Trust 2004-2
Saxon 04-3
Saxon Asset Securities Trust 2004-3
SASTA 2006-01
Saxon Asset Securities Trust 2006-1
SAST 2007-1
Saxon Asset Securities Trust 2007-1
SAST 2007-2
Saxon Asset Securities Trust 2007-2
SAST 2007-3
Saxon Asset Securities Trust 2007-3
SAST 2007-4
Saxon Asset Securities Trust 2007-4
Saxon 05-1
Saxon Asset Securities Trust 2005-1
Saxon 05-2
Saxon Asset Securities Trust 2005-2
Saxon 05-3
Saxon Asset Securities Trust 2005-3
Saxon 05-4
Saxon Asset Securities Trust 2005-4
Saxon 06-2
Saxon Asset Securities Trust 2006-2
Saxon 06-3
Saxon Asset Securities Trust 2006-3
Soundview Home Loan Trust 2004-
Soundview Home Loan Trust 2004-1
Soundview 2004-WMC1
Soundview Home Loan Trust 2004-WMCl
Meritage 2005-1
Meritage Mortgage Loan Trust 2005-1
6
EquiFirst 2005-1
Soundview 2005-2
Soundview 2006-EQ 1
NMI 2006-4
NMI 2006-5
NMI 2006-6
NMFT 2007-1
NMFT 2007-2
Meritage 2004-2
Meritage 2005-2
MSAC 2007-SEA1
MSMLT 2005-11AR
MSMLT 2005-9AR
MSMLT 2005-3AR
MSMLT 2005-5AR
MSMLT 2005-6AR
MSMLT 2004-6AR
MSMLT 2005-2AR
EquiFirst 2004-2
Morgan Stanley ABS Capital I Inc.
x'10"iO99
EquiFirst Mortgage Loan Trust 2005-1
Soundview Home Loan Trust 2005-2
Soundview Home Loan Trust 2006-EQl
NovaStar Mortgage Funding Trust, Series 20064
NovaStar Mortgage Funding Trust, Series 200,6-5
NovaStar Mortgage Funding Trust, Series 2006-6
NovaStar Mortgage Funding Trust, Series 2007-1
NovaStar Mortgage Funding Trust, Series 2007-2
Meritage Mortgage Loan Trust 2004-2
Meritage Mortgage Loan Trust 2005-2
Morgan Stanley ABS Capital I Inc. Trust 2007-SEAL
Morgan Stanley Mortgage Loan Trust 2005-11AR
Morgan Stanley Mortgage Loan Trust 2005-9AR
Morgan Stanley Mortgage Loan Trust 2005-3AR
Morgan Stanley Mortgage Loan Trust 2005-5AR
Morgan Stanley Mortgage Loan Trust 2005-6AR
Morgan Stanley Mortgage Loan Trust 2004-6AR
Morgan Stanley Mortgage Loan Trust 2005-2AR
EquiFirst Mortgage Loan Trust 2004-2
Trust 2007-SEAL
7