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HomeMy WebLinkAbout951069C L L c w U. C r 7 g m E 232 E RECEIVED 12/14/2009 at 3:03 PM RECEIVING 951069 a Y BOOK: 738 PAGE: 179 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 6010918477 Return to: Wells Fargo Co. Attn: Yvette Blatchford MAC X0501 -02Q 1003 E Brier Dr. San Bernardino, Ca 92408 Space above this line for recorders use LIMITED POWER OF ATTORNEY 000179 HSBC Bank USA, National Association, hereby constitutes and appoints Wells Fargo Bank, N.A., (the "Servicer as its lawful agent and attorney -in -fact, in its name, place and stead to execute and acknowledge in writing or by facsimile stamp all documents customarily and reasonably necessary and appropriate for the tasks described in items (1) through (4) below; provided however, that the documents described below may only be executed and delivered by such Attorney -In -Fact if such documents are required or permitted under the terms of the related servicing agreements and no power is granted hereunder to take any action that would be adverse to the interests of HSBC Bank USA, National Association or any action which is not required or permitted under the servicing or trust agreement. This Power of Attorney is being issued in connection with the Servicer's responsibilities to service certain mortgage loans (the "Loans held by HSBC Bank USA, National Association as Trustee of various trust. These Loans are comprised of mortgages, deeds of trust, deeds to secure debt and other forms of security instruments (collectively the "Security Instruments and the promissory notes (the "Notes they secure. 1. Demand, sue for, recover, collect and receive each and every sum of money, debt, account and interest (which now is, or hereafter shall become due and payable) belonging to or claimed by HSBC Bank USA, National Association as Trustee of the trusts relating to the Loans, and to use or take any lawful means for recovery by legal process or otherwise. 2. As HSBC Bank USA, National Association as Trustee of the trusts act and deed, to transact business of any kind regarding the Loans, to obtain any interest in the Loans and /or the property and buildings which are the subject of the Security Instruments (the "Property to contract for, purchase, receive, take possession of and obtain evidence of title in and to the Property, and /or to secure payment of the Notes or performance of any related obligation or agreement. 3. Execute bonds, Notes, Security Instruments and other contracts, agreements and instruments regarding the Loans and /or the Property, including but not limited to the execution of releases, satisfactions and assignments, and the execution of deeds and associated instruments, if any, conveying the Property, in the interest of HSBC Bank USA, National Association as Trustee of the trusts. 4. Endorse, on behalf of HSBC Bank USA, National Association all checks, drafts and /or other negotiable instruments made payable to HSBC Bank USA, National Association as Trustee of the Trusts. Notwithstanding anything continued herein to the contrary, the Servicer shall not, without the Trustee's written consent: (i) initiate any action, suit or proceeding directly relating to the servicing of a Loan solely under HSBC Bank USA, National Association as Trustee's name without indicating Servicer's representative capacity, (ii) initiate any other action, suit or proceeding not directly relating to the servicing of a Loan (including but not limited to actions, suits or proceedings against Certificateholders, or against the Depositor] for breaches of representations and warranties) solely under the Trustee's name, (iii) engage counsel to represent the Trustee in any action, suit or proceeding not directly relating to the servicing of a Loan (including but not limited to actions, suits or proceedings against Certificateholders, or against the Depositor for breaches of representations and warranties), or (iv) prepare, execute or deliver any government filings, forms, permits, registrations or other documents or take any action with the intent to cause, and that actually causes, the Trustee to be registered to do business in any state. Witness my hand and seal this 6th day of August 2009. HSBC Bank USA, National Association as Trustee, and not individually By (Name Title): Susie Moy Vice President By (Name Title): Chi S Le Vice President Witness (Name Title): Alexander Pabon Vice President Witness (Name Title): Elena Zhenq AVP Attest (Name Title): Nancy Luonq Corporate Trust Specialist 000180 ACKNOWLEDGMENT OF CONVEYANCE State of New York) ss.: County of New York 600181 On the 6th day of August in the year _2009_ before me, the undersigned, a Notary Public in and for said State, personally appeared Susie Moy and Chi S Le personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he /she executed the same in his /her capacity, and that by his /her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. WIT S my hand and official seal (SEAL) of NINA NASSAR \'o. 01 idA61 0 of New York i‘j Y County '',:ss;on Expires 06/25/2011 Notary Public State My commission Expires State of New York) ss.: County of New York CERTIFICATE OF SUBSCRIBING WITNESS On the 6th day of August in the year 2009_ before me, the undersigned, a Notary Public in and for said State, personally appeared Alexander Pabon and Elena Zhenq the subscribing witnesses to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that they reside in _452 Fifth Ave. New York, NY 10018; that they know Susie Moy to be the individual described in and who executed the foregoing instrument; that said subscribing witnesses were present and saw said Chi S Le execute the same; and that said witnesses at the same time subscribed their names as witnesses thereto. WIT SS m hand and o ici I se 011X11 (SEAL) Notary Public State of My commission Expires AUDREY H. ZA8RISKI No. 01 Z_AS158890 Notary "ubiic, State of New York Qualified in !Nic w York County My CorifiniSsion Expires 01/16/2011