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HomeMy WebLinkAbout9557826011018828 RECORDING REQUESTED BY AFTER RECORDING RETURN TO: LITTON LOAN SERVICING LP 4828 Loop Central Drive Houston, Texas 77081 Attn: Alison S. Walas Prepared By: (t, LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that HSBC Bank USA, National Association, hereby constitutes and appoints the Litton Loan Servicing LP "Litton by and through Litton's officers, the Indenture Trustee's true and lawful Attorney -in -Fact, in the Indenture Trustee's name, place and stead and for the Indenture Trustee's benefit, in connection with all mortgage loans serviced by the Servicer pursuant to the Pooling and Servicing Agreement for the purpose of performing all acts and executing all documents in the name of the Indenture Trustee as may be customarily and reasonably 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 Indenture 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 the Servicer is acting as servicer, all subject to the terms of the Pooling and Servicing Agreement. This appointment shall apply to the following enumerated transactions only: 1. The modification or re- recording of a Mortgage or Deed of Trust, where said modification or re- recordings is 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, and in all instances, which does not adversely affect the lien of the Mortgage or Deed of Trust as insured. Inv 982 Fieldstone 2004 -4 RECEIVED 9/30/2010 at 2:16 PM RECEIVING 955782 BOOK: 754 PAGE: 759 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY C$ (,0i7'60 2. The subordination of the lien of a Mortgage or Deed of Trust to an easement in favor of a public utility company or 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 of requests to trustees to accomplish same, or the subordination of the lien of a Mortgage or Deed of Trust to a lease of said property for oil or mineral development where (1) such lease does not adversely affect the lien of the Mortgage or Deed of Trust as insured (2) such lease is customary in the area and (3) exercise of such lease will not have a material effect on the value of the property, prevent the use of the property as a residence, or expose the residents to serious health or safety hazards. 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 discharge by payment or other satisfaction 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 acceptance of a short sale agreement, 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, or sale, 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 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 a deed in lieu of foreclosure or the acceptance of a short sale agreement; 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 Agreement, 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; Inv 982 Fieldstone 2004 -4 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. any and all documents necessary to effect the transfer of 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 lawfully do or cause to be done by authority hereof. 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. Inv 982 Fieldstone 2004 -4 IN WITNESS WHEREOF, HSBC Bank caused its corporate seal to be hereto affix in its name and behalf by Susie Moy 29 day of April 2010. STATE OF New York COUNTY OF New York WITESS my hand and official seal. (SEAL) Inv 982 Fieldstone 2004 -4 USA National Association as Indenture Trustee has ed and these presents to be signed and acknowledged its duly elected and authorized Vice President this By: HSBC Bank USA, National Association, as Indenture Trustee of the Fieldstone Mortgage Investment Trust, Series 2004 -4 Name: Susie Moy Title: Vice President Witness: Name: Nancy Luo Title: Senior Corporate Trust Specialist Witness: 2 Name: Elena Zheng Title: Assistant Vice President On April 29, 2010 before me, the undersigned, a Notary Public in and for said state, personally appeared Susie Moy Vice President of HSBC Bank USA, National Association, as Indenture Trustee for HSBC Bank USA, National Association, as Indenture Trustee of the Fieldstone Mortgage Investment Trust, Series 2004 -4, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she executed that same in his/her authorized capacity, and that by his/her signature on the instrument the entity upon behalf of which the person acted and executed the instrument. AUDREY H. ZABRISKIE No.01ZA6158890 Notary Public, State of New York Qualified in New York County My Commission Expires 01/16/2011