HomeMy WebLinkAbout9542306011019047
Alliance Title Escrow
P O. Box 1367
Kemmerer WY 83101
RECEIVED 7/2/2010 at 2:24 PM
RECEIVING 954230
BOOK: 750 PAGE: 111
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
LIMITED POWER OF ATTORNEY
C. 0111.
KNOW ALL MEN BY THESE PRESENTS, that Flagstar Bank, FSB, a federally chartered savings
bank "Flagstar in connection with that certain Servicing Agreement, dated as of June 3, 2009 (as
the same may be amended from time to time, the "Agreement by and between Flagstar and
Carrington Mortgage Services, LLC (the "Servicer hereby constitutes and appoints the Servicer,
its officers, employees and third party vendors, as Flagstar's true and lawful Attorney -in -Fact, in
Flagstar's name, place and stead and for Flagstar's benefit, in connection with all mortgage loans
serviced by the Servicer pursuant to the Agreement solely for the purpose of performing such acts
and executing such documents in the name of Flagstar necessary and appropriate to perform the
transactions contemplated thereunder 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 owned by Flagstar or any of its affiliates (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 Carrington
Mortgage Services, LLC is acting as the Servicer.
The said attorney -in -fact, Servicer, is hereby authorized to execute, acknowledge, seal and deliver
the following:
1. All Deeds of Trust and Mortgage note endorsements, modifications, recordings and re-
recordings, lost note affidavits, assignments of Deed of Trust or Mortgage and other
recorded documents, satisfactions, releases, conveyances and reconveyances of Deeds of
Trust or Mortgages, and subordinations of liens.
2. All insurance filings and claims, affidavits of debt, substitutions of trustee, substitutions of
counsel, non military affidavits, notices of rescission, foreclosure deeds, transfer tax
affidavits, affidavits of merit, verifications of complaints, notices to quit, bankruptcy
declarations for the purpose of filing motions to lift stays, and other documents or notice
filings necessary in connection with insurance, foreclosure, bankruptcy and eviction actions,
on behalf of Flagstar.
3. 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:
a. the substitution of trustee(s) serving under a Deed of Trust, in accordance
with Applicable 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
6 =1.1.2
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 Applicable Law to expeditiously complete said transactions
in paragraphs 3.a. through 3.e. above.
4. 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;
e. commence litigation for nonpayment and/or holdover proceedings to evict
occupants of the property; and
f. any and all documents necessary to effect the transfer of property.
5. The modification or amendment of escrow agreements established for repairs to the
mortgaged property or reserves for replacement of personal property.
6. The endorsement on behalf and for the benefit of Flagstar of any checks or other instruments
received by Servicer and made payable to Flagstar in connection with the Mortgage Loans,
which checks or other instruments shall promptly be deposited in the Custodial Account (as
defined in the Agreement) in accordance with the terms of the Agreement.
The undersigned gives said Attorney -in -Fact full power and authority to execute such instruments
and to do and perform each 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 19, 2010 and during the term of the Agreement.
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.
This Limited Power of Attorney is entered into and shall be governed by the laws of the State of
California, without regard to the conflicts of law principles of such state.
Third parties without actual notice may rely upon the exercise of the powers 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 dr revocation has been made
in writing by the undersigned.
:a6C1
IN WITNESS WHEREOF, the undersigned has executed this Limited Power of Attorney as
of the date first above written.
Flagstar Bank, FSB, as 0 ner
Bv:
Name: 0 ski
Title: ice President
BEFORE ME, Nelda J. Amador, a Notary Public in and for the jurisdiction aforesaid, on
Ve this day of May, 2010, personally appeared John Czaplicki, Senior Vice President of
Flagstar Bank, FSB, personally known to me to be the person who executed the
foregoing instrument and he did acknowledge the signing of the foregoing instrument to
be his free and voluntary act and deed as an authorized officer for the uses, purposes
and consideration therein set forth.
Witness my han d official seal this 7 2/kday of May, 2010.
My Co ission Expires:
NOTARY ACKNOWLEDGMENT
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