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HomeMy WebLinkAbout961371000231 RECORD AND RETURN TO: SECURITY CONNECTIONS INC. 240 TECHNOLOGY DRIVE LIMITED POWER OF ATTORNEY IDAHO FALLS, ID 83401 KNOW ALL MEN BY THESE PRESENTS, that Deutsche Bank National Trust Company, a national banking association organized and existing under the laws of the United States, formerly known as Bankers Trust Company of California, N.A., and having its principal place of business at 1761 East St. Andrew Place, Santa Ana, California, 92705, as Trustee (the "Trustee pursuant to the Pooling and Servicing Agreements (the "Agreements listed on the attached Exhibit hereby constitutes and appoints American Home Mortgage Servicing, Inc. as successor to Citi Residential Lending Inc. as successor to Ameriquest Mortgage Company (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 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 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 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 American Home Mortgage Servicing, 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 Mortgage or Deed of Trust, where said modification or re- recording is: solely for the purpose of correcting the Mortgage or Deed of Trust to conform same to the original intent of the parties thereto; to correct title errors discovered after such title insurance was issued; or to modify the Mortgage or Deed of Trust for the purpose of Loss Mitigation or to conform to a negotiated legal settlement, provided that said modification or re- recording, in any such instance, does not adversely affect the lien of the Mortgage or Deed of Trust as insured and otherwise conforms to the provisions of the applicable Agreement. 2. The subordination of the lien of a Mortgage or Deed of Trust 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. RECEIVED 10/13/2011 at 10:28 AM RECEIVING 961371 BOOK: 774 PAGE: 231 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 000232 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 payment and discharge 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 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 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 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 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; 2 3 000233 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. 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 October 8, 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 the Agreement, 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, or Bankers Trust Company of California, N.A., 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 Mortgages, Deeds of Trust or Mortgage Notes not authorized by the Agreement. 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 Agreement or the earlier resignation or removal of the Trustee under the Agreement. 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. 000 234 IN WITNESS WHEREOF, Deutsche Bank National Trust Company, as Trustee has caused its corporate seal to be hereto affixed and these presents to be signficAri vi ledged in its name and behalf by a duly elected and authorized signatory this Acknowledged and Agreed American Home Mortgage Servicing, Inc. as successor to Citi Residential Lending Inc. Witness: as successor to Ameriquest By: Nadia Ngu Mortgage Company, as Servicer By: 4. 4" Witness: Name: Robert Hardman Title: Vice President STATE OF CALIFORNIA COUNTY OF ORANGE CommI. Notary PUhl My L'ornn. WITNESS my hand and official seal. (SEAL) 2 ;y 5.2070 Deutsche Bank National Trust Company, as Trustee Bv: Name: Ronaldo Reyes Title: Vice President 4 ministrator By: Maged Ghattas, Trust Administrator On MAY 2 0 ?009 before me, the undersigned, a Notary Public, personally appeared Ronaldo Reyes of Deutsche Bank National Trust Company 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 he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, 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. C r Notary Public, State of California Exhibit 000235 1. Deutsche Bank National Trust Company, f.k.a Bankers Trust Company of California, N.A., as Trustee, in trust for registered Holders of Ameriquest Mortgage Securities Inc., Series 2001 -A. 2. Deutsche Bank National Trust Company F.K.A Bankers Trust Company of California, N.A., as Trustee, in trust for registered Holders of Ameriquest Mortgage Securities Inc., Series 2002 -A. 3. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Quest Trust 2002 -X1, Asset Backed Certificates, Series 2002 -X1. 4. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Series 2002 -B. 5. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset- Backed Pass Through Certificates, Series 2002 -AR 1. 6. Deutsche Bank National Trust Company, as Trustee, in trust for registered Holders of Ameriquest Mortgage Securities Inc., Series 2002 -C. 7. Deutsche Bank National Trust Company, as Trustee, in trust for registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2002 -2. 8. Deutsche Bank National Trust Company, as Trustee, in trust for registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2002 -3. 9. Deutsche Bank National Trust Company, as Trustee, in trust for registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2002 -4. 10. Deutsche Bank National Trust Company, as Trustee, in trust for registered Holders of Ameriquest Mortgage Securities Inc., Series 2002 -D 11. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2003 -AR1 12. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Quest Trust 2003 -X1, Asset Backed Certificates, Series 2003 -X1 5 000236 13. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2003 -2. 14. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2003 -1. 15. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2003 -5. 16. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2003 -6. 17. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2003 -AR2 18. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2003 -AR3 19. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2003 -7. 20. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Quest Trust 2003 -X2, Asset Backed Certificates, Series 2003 -X2 21. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset Backed Pass Through Certificates, Series 2003-W1 22. Deutsche Bank National Trust Company, as Trustee, in trust for the registered Holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2003 -8. 23. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset Backed Pass Through Certificates, Series 2003 -W2 24. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset Backed Pass Through Certificates, Series 2003 -W3 6 0002 3 7 25. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset Backed Pass Through Certificates, Series 2003 -W4 26. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset Backed Pass Through Certificates, Series 2003 -W5 27. Deutsche Bank National Trust Company, as Trustee, in trust for the registered Holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2003 -9. 28. Deutsche Bank National Trust Company, as Trustee, in trust for the registered Holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2003 -10. 29. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Quest Trust 2003 -X3, Asset Backed Certificates, Series 2003 -X3 30. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2003 -IA1 31. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset Backed Pass Through Certificates, Series 2003 -W6 32. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset Backed Pass Through Certificates, Series 2003 -W7 33. Deutsche Bank National Trust Company, as Trustee, in trust for the registered Holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2003 -11. 34. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Quest Trust 2003 -X4, Asset Backed Certificates, Series 2003 -X4 35. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset Backed Pass Through Certificates, Series 2003 -W8 36. Deutsche Bank National Trust Company, as Trustee, in trust for the registered Holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2003 -12. 37. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset Backed Pass Through Certificates, Series 2003 -W9 7 4 t, 3 8 38. Deutsche Bank National Trust Company, as Trustee, in trust for the registered Holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2003 -13. 39. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset Backed Pass Through Certificates, Series 2003 -W10 40. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset Backed Pass Through Certificates, Series 2004-W1 41. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2004 -RI 42. Deutsche Bank National Trust Company, as Trustee, in trust for Argent Securities Inc., Asset Backed Pass Through Certificates, 43. Deutsche Bank National Trust Company, as Trustee, in trust for Argent Securities Inc., Asset Backed Pass Through Certificates, 44. Deutsche Bank National Trust Company, as Trustee, in trust for Argent Securities Inc., Asset Backed Pass Through Certificates, 45. Deutsche Bank National Trust Company, as Trustee, in trust for Argent Securities Inc., Asset Backed Pass Through Certificates, 46. Deutsche Bank National Trust Company, as Trustee, in trust for Ameriquest Mortgage Securities Inc., Quest Trust 2004 -X1, Ass Series 2004 -X1 8 the registered holders of Series 2004 -W2 the registered holders of Series 2004 -W3 the registered holders of Series 2004 -W4 the registered holders of Series 2004 -W5 the registered holders of et Backed Certificates, 47. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2004 -R2 48. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset Backed Pass Through Certificates, Series 2004 -W6 49. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2004 -R3 50. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2004 -FR 1 000239 51. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset Backed Pass Through Certificates, Series 2004 -W7 52. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2004 -R4 53 Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset Backed Pass Through Certificates, Series 2004 -W8 54. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset Backed Pass Through Certificates, Series 2004 -W9 55. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2004 -R5 56. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2004 -R6 57. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset Backed Pass Through Certificates, Series 2004 -PW1 58. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Quest Trust 2004 -X2, Asset Backed Certificates, Series 2004 -X2 59. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2004 -R7 60. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2004 -R8 61. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2004 -R9 62. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset Backed Pass Through Certificates, Series 2004 -W10 63. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2004 -IA l 9 000240 64. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Quest Trust 2004 -X3, Asset Backed Certificates, Series 2004 -X3 65. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2004-R10 66. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset Backed Pass Through Certificates, Series 2004-W11 67. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2004-R11 68. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2004-R12 69. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2005-R1 70. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2005 -R2 71. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Quest Trust 2005 -X1, Asset Backed Certificates, Series 2005 -X1 72. Deutsche Bank National Trust Company, as Indenture Trustee, in trust for the registered holders of Argent Mortgage Loan Trust 2005-W1, Asset Backed Notes, Series 2005-W1 73. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2005 -R3 74. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset Backed Pass Through Certificates, Series 2005 -W2 10 000241 75. Deutsche Bank National Trust Company, as Trustee, in trust for the registered Holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2005 -R4. 76. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2005 -R5 eutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2005 -R6 78. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2005 -R7 79. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2005 -R8 80. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Quest Trust 2005 -X2, Asset Backed Certificates, Series 2005 -X2 81. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2005 -R9 82. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset Backed Pass Through Certificates, Series 2005 -W3 83. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset Backed Pass Through Certificates, Series 2005 -W4 84. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2005 -R10 85. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Argent Securities Inc., Asset Backed Pass Through Certificates, Series 2005 -W5 86. Deutsche Bank National Trust Company, as Trustee, in trust for the registered holders of Ameriquest Mortgage Securities Inc., Asset Backed Pass Through Certificates, Series 2005 -R11 11 000243 100. Deutsche Bank National Trust Company, f.k.a Bankers Trust Company of California, N.A., as Trustee, in the trust for registered Holders of 2001 -AQ 1 Trust, ABFC Mortgage Loan Asset Backed Certificates, Series 2001 -AQ1. 101. Deutsche Bank National Trust Company, f.k.a Bankers Trust Company as Trustee for the registered certificate holders of the AMRESCO Residential Securities Corporation Mortgage Loan Trust 1998 -1 13