HomeMy WebLinkAbout963296CFN 109668245, OR BK 47476 Page 1047, Page 1 of 6, Recorded 10/25/2010 at
PM, EE,roward County Commission, Clerk 3285
Roik )0K
RECEIVED 2/21/2012 at 11:27 AM
RECEIVING 963296
BOOK: 781 PAGE: 432
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
OFFICIAL RECORDS
CITRUS COUNTY
BETTY STRIFLER
CLERK OF THE CIRCUIT COURT
RECORDING FEE: $52.50
2010050180 BK:2387 PG:1004
11/12/2010 01:33 PM 6 PGS
JCARROLL,DC Receipt #040409
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that Deutsche Bank National Trust Company f /k/a Bankers
Trust Company of California, N.A., a national banking association organized and existing under the laws
of the United States, and having its usual place of business at 1761 East St. Andrew Place, Santa Ana,
California, 92705, as Trustee (the "Trustee pursuant to the (i) Pooling and Servicing Agreements listed
on Exhibit A, and pursuant to the (ii) Resignation, Assumption and Consent Agreements listed on Exhibit
B (collectively referred to herein as the "Agreements hereby constitutes and appoints Ocwen Loan
Servicing LLC, as Servicer (the "Servicer" or Ocwen Loan Servicing LLC 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 certificate holders (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 Ocwen Loan Servicing LLC is acting as the Servicer.
This Appointment shall apply only to the following enumerated transactions and nothing herein or in the
Agreements 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 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 Mortgage or Deed of
Trust as insured and (ii) otherwise conforms to the provisions of the Agreements.
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.
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.
When Recorded Return To:
Ocwen Loan Servicing LLC.
Contract Management
1661 Worthington Road #100
West Palm Beach, FL 33409
Y
II
2010050180 6 PGS
90432
i
I
CFN 109668245, OR BK 47476 PG 1048, Page 2 of 6
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;
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.
00433
U214 if .lvabbaz45 Vx tsx 4' /4 /b PG 1049, Page 3 of 6
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 August] 2010.
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 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 or Bankers Trust Company of Califomia, 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
Agreements or to allow the Servicer to take any action with respect to Mortgages, Deeds of Trust or
Mortgage Notes not authorized by the 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 Agreement or
the earlier resignation or removal of the Trustee under the 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.
IN WITNESS WHEREOF, Deutsche Bank National Trust Company, as Trustee under the Agreements
has caused its corporate seal to be hereto affixed and these presents to be signed and acknowledged in
its name and behalf by a duty elected and authorized signatory this day of August 2010.
Deutsche Bank National Trust Company, formerly known as Bankers
Trust Co .any of California, N.A., as Trustee
Witness:
ame: J
itle: As
me: Jcn V
Witness:
Name: Ft'\ $1ket"
By: s
3
fifer Van Dyne
ate
w iuy000cv0, Vx tit( 9/4/6 PG 1050, Page 4 of 6
Acknowledg d Agreed
Ocwen Loa icing LLC
By:
Name: W'Anderson
Title: Executive Vice President
02867.001 #92035
STATE OF CALIFORNIA
COUNTY OF ORANGE
On August26; 2010, before me, Ann Phung, Notary Public, personally appeared Jennifer Van Dyne,
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 she executed the same in her authorized capacity and
that by her signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
1 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.
Notary Public, State of California
02867.001 #92035
4
Commission PN UN
mmission N tes3262
ms•s E
q Notary Public California. z
Orange County a
M Comm. Ex Tres Aug 30, 2013
00435
�,riv n 1V 7000Z40, UK tix 4/4/b Y(; 1051, Page 5 of 6
EXHIBIT A
Ixis Real Estate Capital Trust 2005 -HE3 Mortgage Pass Through Certificates, Series
2005 -HE3
Ixis Real Estate Capital Trust 2005 -HE4 Mortgage Pass Through Certificates, Series
2005 -HE4
Morgan Stanley Ixis Real Estate Capital Trust 2006 -1 Mortgage Pass Through
Certificates, Series 2006 -1
Morgan Stanley Ixis Real Estate Capital Trust 2006 -2 Mortgage Pass Through
Certificates, Series 2006 -2
Ixis Real Estate Capital Trust 2006 -HE -1 Mortgage Pass Through Certificates, Series
2006 -HE -1
Ixis Real Estate Capital Trust 2006 -HE -2 Mortgage Pass Through Certificates, Series
2006 -HE -2
Ixis Real Estate Capital Trust 2006 -11E -3 Mortgage Pass Through Certificates, Series
2006 -HE -3
Ixis Real Estate Capital Trust 2007 -HE -1 Mortgage Pass Through Certificates, Series
2007 -HE -1
Morgan Stanley ABS Capital I Inc. Trust 2006 -HE8 Mortgage Pass through Certificates,
Series 2006 -HE8
Morgan Stanley ABS Capital I Inc. Trust 2007 -HE2 Mortgage Pass through Certificates,
Series 2007 -HE2
Morgan Stanley ABS Capital 1 Inc. Trust 2007 -HE3 Mortgage Pass through Certificates,
Series 2007 -HE3
Morgan Stanley ABS Capital I Inc. Trust 2007 -NC1 Mortgage Pass through Certificates,
Series 2007 -NC1
Morgan Stanley ABS Capital I Inc. Trust 2007 -NC2 Mortgage Pass through Certificates,
Series 2007 -NC2
Morgan Stanley Structured Trust 1 2007 -1 Asset Backed Certificates, 2007 -1
Saxon Asset Securities Trust 2007 -2 Mortgage Loan Asset Backed Certificates, Series
2007 -2
Natixis Real Estate Capital Trust 2007 -HE Mortgage Pass Through Certificates, Series
2007 -HE2
NovaStar Mortgage Funding Trust, Series 2006 -5 NovaStar Home Equity Loan Asset
Backed Certificates, Series 2006 -5
5
WOelf
00436
Ur'N fl 1U966B:445, OR BK 41476 PG 1052, Page 6 of 6
EXHIBIT B
This Resignation, Assumption and Consent Agreement, dated as of April 16, 2010
"Agreement is entered into among Saxon Mortgage Services, Inc., a Texas corporation
("Seiler"), Ocwen Loan Servicing, LLC, a Delaware limited liability company "Purchaser") and
Deutsche Bank National Trust Company, a national banking association, not in its individual
capacity, but solely as trustee "Deutsche Bank" or "Trustee with respect to each of the
following trusts (the "Trusts" or, individually, the "Saxon Trust" and the NovaStar Trust
respectively): Saxon Asset Securities Trust Series 2007 -2 and NovaStar Mortgage Funding
Trust, Series 2006 -5
This Resignation, Assumption and Consent Agreement, dated as of April 16, 2010
"Agreement is entered into among Saxon Mortgage Services, Inc., a Texas corporation
"Seller"), Ocwen Loan Servicing, LLC, a Delaware limited liability company (Purchaser") and
Deutsche Bank National Trust Company, a national banking association, not in its individual
capacity, but solely as trustee "Trustee with respect to each of the following trusts (the
"Trusts IXIS Real Estate Capital Trust, Series 2005 -4; Morgan Stanley ABS Capital I Inc.
Trust, Series 2007 -HE2; Morgan Stanley ABS Captial I Inc. Trust, Series 2007 -NC1; Morgan
Stanley ABS Capital I Inc. Trust, Series 2007 -HE3; and Morgan Stanley IXIS Real Estate
Capital Trust, Series 2006 -2
This Resignation, Assumption and Consent Agreement, dated as of April 16, 2010
"Agreement is entered into among Saxon Mortgage Services, Inc., a Texas corporation
"Seller"), Ocwen Loan Servicing, LLC, a Delaware limited liability company "Purchaser"),The
Bank of New York Mellon, successor to JPMorgan Chase Bank, National Association, a New
York banking organization (not in its individual capacity, but solely as master servicer, backup
servicer and securities administrator, "BNY Mellon as master servicer, backup servicer and
securities administrator and Deutsche Bank National Trust Company, a national banking
association, not in its individual capacity, but solely as trustee "Trustee with respect to each
of the following trusts (the "Trusts IXIS Real Estate Capital Trust, Series 2006 -HE2; IXIS Real
Estate Capital Trust, Series 2006 -HE1; and IXIS Real Estate Capital Trust, Series 2005 -HE3
This Resignation, Assumption and Consent Agreement, dated as of April 16, 2010
"Agreement is entered into among Saxon Mortgage Services, Inc., a Texas corporation
"Seller"), Ocwen Loan Servicing, LLC, a Delaware limited liability company "Purchaser"), Wells
Fargo Bank, National Association, a national banking association, as master servicer and
securities administrator (in such capacities, "Wells Fargo and Deutsche Bank National Trust
Company, a national banking association, not in its individual capacity, but solely as trustee
"Trustee with respect to each of the following trusts (the "Trusts Natixis Real Estate Capital
Trust, Series 2007 -HE2; IXIS Real Estate Capital Trust, Series 2007 -HE1, (XIS Real Estate
Capital Trust, Series 2006 -HE3; Morgan Stanley ABS Capital I Inc. Trust, Series 2007 -NC2;
Morgan Stanley ABS Capital I Inc. Trust, Series 2006 -HE8; Morgan Stanley Structured Trust I,
Series 2007 -1; and Morgan Stanley IXIS Real Estate Capital Trust, Series 2006 -1
6
I hereby certify this document to be a true,
°,so correct and complete copy of the record
I,_( 0REATED YA filed in my office.:pated this 5 day
u o1.15 i sr Of 0 w~ r 20 10
C ountyA Y nl .tor. e
Deputy Clerk