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HomeMy WebLinkAbout9529266010918138ET Alliance Title Escrow P.O. Box 1367 Kemmerer. WY 83101 M a r R @CO ling please Return Original Power or Attorney to: Document Management Department Saxon Mortgage 4708 Mercantile Drive North Fort Worth, Texas 76137 LIMITED POWER OF ATTORNEY RECEIVED 4/14/2010 at 3:03 PM RECEIVING 952926 BOOK: 745 PAGE: 528 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 00052 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: 1. 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. iO u529 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 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. 8. 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 e. any and all documents necessary to effect the transfer of property. 000530 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 November 2, 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. 3 Witness: Nam; chard Vieta Title., rust Administrator Acknowledged and Agreed Saxon Mortgage Services, Inc. By: 1 0toil.0 Name: Title: Natalie Flowers VP, Saxon Mortgage Services Inc. STATE OF CALIFORNIA COUNTY OF ORANGE Deutsche Bank National Trust Company, as Trustee Name: Ronald Reyes Title: Vice es ident Ok.?53i 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 2nd of November 2009. Witness: Name: Tim Avakia Title: Trust Adminis or On November 2, 2009, before me, Rosa Mendez, a Notary Public in and for said state, personally appeared Ronaldo R. Reyes, 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 162.6953 z Notary Public California Orange County My Comm. Expires Dec 15, 2012 Notary Public, State o 4 nta 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-HE1 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 EXHIBIT A 5 eq00532 EQUIFIRST MORTGAGE LOAN TRUST 2004 -2 SOUNDVIEW HOME LOAN TRUST 2004 -1 SOUNDVIEW HOME LOAN TRUST 2006 EQI 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 -11AR SAXON ASSET SECURITIES TRUST 2007 -2 SAXON ASSET SECURITIES TRUST 2007 -4 Morgan Stanley ABS Capital I Inc. Trust 2006 -HE8 Morgan Stanley ABS Capital I Inc. Trust 2007 -HE1 Morgan Stanley ABS Capital I Inc. Trust 2007 -NC1 GSAA Home Equity Trust 2006 -2 Morgan Stanley ABS Capital I Inc. Trust 2007 -SEA1 MSAC 2007 -SEA1 MSSTI 2007 -1 EquiFirst Mortgage Loan Trust 2004 -2 IXIS Real Estate Capital Trust 2005 -HE3 IXIS Real Estate Capital Trust 2006 -HE1 IXIS Real Estate Capital Trust 2006 -HE3 Meritage Mortgage Loan Trust 2004 -2 Meritage Mortgage Loan Trust 2005 -2 Meritage Mortgage Loan Trust 2005 -1 Morgan Stanley ABS Capital I Inc. Trust 2006 -HE4 Morgan Stanley ABS Capital I Inc. Trust 2006 -HE6 MSAC 2006 -HE8 MSAC 2006 -HE5 MSAC 2006 -NC4 MSAC 2007 -HE1 MSAC 2007 -HE2 MSAC 2007 -HE3 MSAC 2007 -HE5 MSAC 2007 -HE6 MSAC 2007 -HE7 MSAC 2007 -NC1 Morgan Stanley ABS Capital I Inc. Trust 2007 -NC2 Morgan Stanley ABS Capital I Inc. Trust 2007 -NC3 Morgan Stanley ABS Capital I Inc. Trust 2007 -NC4 Morgan Stanley Home Equity Loan Trust 2007 -1 Morgan Stanley Home Equity Loan Trust 2007 -2 Morgan Stanley IXIS Real Estate Capital Trust 2006 -1 Morgan Stanley IXIS Real Estate Capital Trust 2006 -2 Morgan Stanley Mortgage Ln Trust 2004 -6AR Morgan Stanley Mortgage Ln Trust 2005 -11AR Morgan Stanley Mortgage Ln Trust 2005 -11AR Morgan Stanley Mortgage Ln Trust 2005 -3AR Morgan Stanley Mortgage Ln Trust 2005 -5AR Morgan Stanley Mortgage Ln Trust 2005 -6AR Morgan Stanley Mortgage Ln Trust 2005 -9AR- NATIXIS Real Estate Capital Trust 2007 -HE2 NovaStar Mortgage Funding Trust, Series 2006 -5 NovaStar Mortgage Funding Trust, Series 2007 -1 Saxon Asset Securities Trust 2006 -2 Saxon Asset Securities Trust 2007 -2 Saxon Asset Securities Trust 2007 -4 Soundview Horne Loan Trust 2004 -WMC1 Soundview Home Loan Trust 2006 -EQ1 6 MSAC 2006 -HE8 MSAC 2007 -HE1 MSAC 2007 -NC1 GSAA Home Equity Trust 2006 -2 Morgan Stanley ABS Capital I Inc. Trust 2007 -SEA1 Morgan Stanley Structured Trust I 2007 -1 EquiFirst Mortgage Loan Trust 2004 -2 EquiFirst Mortgage Loan Trust 2005 -1 IXIS Real Estate Capital Trust 2005 -HE4 IXIS Real Estate Capital Trust 2006 -HE2 IXIS Real Estate Capital Trust 2007 -HE1 Meritage Mortgage Loan Trust 2005 -1 Meritage Mortgage Loan Trust 2004 -2 Meritage Mortgage Loan Trust 2005 -2 Morgan Stanley ABS Capital I Inc. Trust 2006 -HE5 Morgan Stanley ABS Capital I Inc. Trust 2006 -HE8 MSAC 2006 -HE6 MSAC 2006 -HE4 Morgan Stanley ABS Capital I Inc. Trust 2006 -NC4 Morgan Stanley ABS Capital I Inc. Trust 2007 -HE1 Morgan Stanley ABS Capital I Inc. Trust 2007 -HE2 Morgan Stanley ABS Capital I Inc. Trust 2007 -HE3 Morgan Stanley ABS Capital I Inc. Trust 2007 -HE5 Morgan Stanley ABS Capital I Inc. Trust 2007 -HE6 Morgan Stanley ABS Capital I Inc. Trust 2007 -HE7 MSAC 2007 -NC2 MSAC 2007 -NC3 MSAC 2007 -NC4 MSHEL 2007 -1 MSHEL 2007 -2 MSIX 2006 -1 MSIX 2006 -2 MSMLT 2004 -6AR MSMLT 2005 -11AR MSMLT 2005 -11AR MSMLT 2005 -3AR MSMLT 2005 -5AR MSMLT 2005 -6AR MSMLT 2005 -9AR NATIXIS 2007 -HE2 NovaStar Mortgage Funding Trust, Series 2006 -4 NovaStar Mortgage Funding Trust, Series 2006 -6 NovaStar Mortgage Funding Trust, Series 2007 -2 Saxon Asset Securities Trust 2007 -1 Saxon Asset Securities Trust 2007 -3 Soundview Home Loan Trust 2004 -1 Soundview Horne Loan Trust 2005 -2 Saxon Asset Securities Trust 2000 -2 00533 Saxon Asset Securities Trust 2000 -3 Saxon Asset Securities Trust 2001 -1 Saxon Asset Securities Trust 2001 -3 Saxon Asset Securities Trust 2004 -1 Saxon Asset Securities Trust 2004 -3 Saxon Asset Securities Trust 2005 -2 Saxon Asset Securities Trust 2006 -1 Saxon Asset Securities Trust 2002 -2 Saxon Asset Securities Trust 2003 -1 Saxon Asset Securities Trust 2003 -3 7 Saxon Asset Securities Trust 2000 -4 Saxon Asset Securities Trust 2001 -2 Saxon Asset Securities Trust 2002 -1 Saxon Asset Securities Trust 2004 -2 Saxon Asset Securities Trust 2005 -1 Saxon Asset Securities Trust 2005 -3 Saxon Asset Securities Trust 2006 -3 Saxon Asset Securities Trust 2002 -3 Saxon Asset Securities Trust 2003 -2 Saxon Asset Securities Trust 2005 -4 ►:534