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HomeMy WebLinkAbout966093BANK OF AMERICA, NATIONAL ASSOCIATION RECORD AND RETURN 121509 BAC HOME LOANS REM ESCROW 2375 N. GLENVILLE DRIVE MAIL CODE: TX2- 983 -01 -01 LIMITED POWER OF ATTORNEY RICHARDSON, TX 7 ATTN: 1. Wells Fargo Bank, National Association, successor by merger to Wells Fargo Bank Minnesota, National Association (formerly known as Norwest Bank Minnesota, National Association), not in its individual or banking capacity, but solely in its capacity as indenture trustee or trustee (the "Trustee of those certain trusts set forth on the attached Exhibit A (each, a "Trust," and collectively, the "Trusts under the respective Pooling and Servicing Agreements, Trust Agreements and /or Indentures, as applicable, and any related governing transactional and servicing agreement(s) (collectively, the "Agreements hereby constitutes and appoints: .x& as servicer or master servicer, as applicable (in either capacity, the "Servicer and as successor by merger to a.) BAC Home Loans Servicing, LP, f /k/a Countrywide Home Loans Servicing, LP, as Servicer or Master Servicer, or b.) BAC Home Loans Servicing, LP, successor by merger to Wilshire Credit Corporation, as Servicer, as applicable, solely in its capacity as the Servicer under the Agreements, as its true and lawful attorney -in -fact, acting by and through its authorized officers, with full authority and power to execute and deliver on behalf of the Trustee any and all of the following instruments to the extent consistent with the terms and conditions of the Agreements: (i) all documents with respect to residential mortgage loans serviced for the Trust by the Servicer which are customarily and reasonably necessary and appropriate for the satisfaction, cancellation, or partial or full release of any mortgages, deeds of trust, or deeds to secure debt upon payment and discharge of all sums secured thereby; (ii) all documents and instruments necessary to conduct any (a) foreclosure, or (b) the taking of any deed in lieu of foreclosure, or (c) any judicial or non judicial foreclosure or termination, cancellation, or rescission of any such foreclosure, or (d) any similar procedure (collectively, as applicable, a "Foreclosure (iii) instruments appointing one or more substitute trustees or special purpose entities "SPEs to act in place of the corresponding entity named in any deed of trust; (iv) affidavits of debt, notice of default, declaration of default, notices of foreclosure, and all such contracts, agreements, deeds, and instruments as are appropriate to (a) maintain any real property acquired through Foreclosure, or (b) effect any sale, transfer, or disposition of real property acquired through Foreclosure; (v) all documents and instruments necessary to effect any assignment of mortgage or assignment of deed of trust; and (iv) all other comparable instruments. 2. This Limited Power of Attorney shall apply only to the foregoing enumerated transactions and shall be limited to the above- mentioned exercise of power. This instrument is to be construed and interpreted only 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 should not be construed as, a general power of attorney. 3. Third parties without actual notice may rely upon the power granted to said attorney -in -fact under this Limited Power of Attorney and may assume that, upon the exercise of such power, all conditions precedent to such exercise of power have been satisfied and this Limited Power of Attorney has not been revoked. This Limited Power of Attorney shall supersede and replace any other limited power of attorney executed by the Trustee in connection with the Agreements in favor of the Servicer and any such other limited power of attorney shall be deemed revoked by this writing. RECEIVED 8/10/2012 at 2:53 PM RECEIVING 966093 BOOK: 791 PAGE: 285 JEANNE WAGNER LINCOLN COUNTY CLERK. KEMMERER, WY 4. This Limited Power of Attorney is effective as of the date below and shall remain in full force and effect until (a) revoked in writing by the Trustee, or (b) as to any specific Trust, the termination, resignation or removal of the Trustee as trustee of such Trust, or (c) as to any specific Trust, the termination, resignation or removal of the Servicer as a servicer or master servicer of such Trust, or (d) as to any specific Trust, the termination of the Agreement related to such Trust, whichever occurs earlier. 5. Nothing contained in this Limited Power of Attorney shall (i) limit in any manner any indemnification obligation provided by the Servicer to the Trustee or Trust under the Agreements or any document related thereto, or (ii) be construed to grant the Servicer the power to initiate or defend any suit, litigation, or proceeding in the name of the Trustee or Trust except as specifically provided for herein or under the Agreements. Dated: March 29, 2012 By: Cynty'a C Day Its: Assistant Secretary Un l(i Sop y cial itnesses: STATE OF MARYLAND COUNTY OF HOWARD ss: Well Fargo Bank, National Association, not in its individual or banking capacity, but solely as Trustee on behalf of the Trust(s) iv By: Barry le vermetz Its: Vice President Daniel Williamson On the 29 day of March 2012 before me, Kathleen A. Dean, a Notary in and for said State, personally appeared Barry Silvermetz, known to me to be Vice President of Wells Fargo Bank, National Association, and also known to me to be the person who executed this Limited Power of Attorney on behalf of Wells Fargo Bank, N.A., as Trustee, and acknowledged to me that Wells Fargo Bank, N.A., as Trustee, executed this Limited Power of Attorney. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my office seal the day and year written above, ,0 Te .4 (--(6J1 6(„sL___ Notary Public: Kathleen A. Dean My commission expires 2 -6 -2013 u0283' EXHIBIT A" FIRST FRANKLIN MORTGAGE LOAN TRUST 2004 -FF4 MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 -FF4 FIRST FRANKLIN MORTGAGE LOAN TRUST 2004 -FF6 MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 -FF6 FIRST FRANKLIN MORTGAGE LOAN TRUST 2004 -FFH3 ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004 -FFH3 FIRST FRANKLIN MORTGAGE LOAN TRUST 2004 -FF8 MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 -FF8 PARK PLACE SECURITIES INC 2004 -WCW1 ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004-WCW1 PARK PLACE SECURITIES INC 2004 -MCW1 ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004 -MCWI WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE BENEFIT OF PARK PLACE SECURITIES INC 2004 -WCW2 ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2004 -WCW2 WELLS FARGO BANK, N.A. AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE MLMI TRUST, MORTGAGE LOAN ASSET BACKED CERTIFICATES, SERIES 2005 -FM1 WELLS FARGO BANK, N.A. AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE MLMI TRUST, MORTGAGE LOAN ASSET BACKED CERTIFICATES, SERIES 2006 -HE1 WELLS FARGO BANK, N.A. AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE MLMI TRUST, MORTGAGE LOAN ASSET BACKED CERTIFICATES, SERIES 2004 -HE2 WELLS FARGO BANK, N.A. AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE MLMI TRUST, MORTGAGE LOAN ASSET BACKED CERTIFICATES, SERIES 2005 -HE2 WELLS FARGO BANK, N.A. AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE MLMI TRUST, MORTGAGE LOAN ASSET BACKED CERTIFICATES, SERIES 2005 -HE3 WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF ASSET BACKED PASS- THROUGH CERTIFICATES SERIES 2004 -WCW2 WELLS FARGO BANK, N.A, AS TRUSTEE FOR THE BENEFIT OF PARK PLACE SECURITIES, INC.ASSET- BACKED PASS THROUGH CERTIFICATES SERIES 2004 -MCW1 PARK PLACE SECURITIES INC 2005-WCW1 ASSET BACKED PASS THROUGH CERTIFICATES SERIES 2005 -WCW1 PARK PLACE SECURITIES INC 2005 -WCW2 ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2005 -WCW2 PARK PLACE SECURITIES INC 2005 -WCW3 ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2005 -WCW3 CWMBS RE- PERFORMING LOAN REMIC TRUST, SERIES 2002 -1 00287 CWMBS RE- PERFORMING LOAN REMIC TRUST, SERIES 2002 -2 CWMBS RE- PERFORMING LOAN REMIC TRUST, SERIES 2002 -R3 CWMBS RE- PERFORMING LOAN REMIC TRUST, SERIES 2003 -R1 CWMBS RE- PERFORMING LOAN REMIC TRUST, SERIES 2003 -R2 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2004 DO -01, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 -DO -01 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2004 DO -02, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004 -DO -02 WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC 2005 -FR3 MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2005 -FR3. ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES WMC 2005 -11E5, ASSET BACKED PASS THROUGH CERTIFICATES, SERIES WMC 2005 -14E5 MORGAN STANLEY ABS CAPITAL I INC TRUST, SERIES 2005 -WMC2, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2005 -WMC2 MORGAN STANLEY ABS CAPITAL I INC TRUST, SERIES 2005 -WMC4, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2005 -WMC4 SECURITIZED ASSET BACKED RECEIVABLES LLC, SERIES 2005 -FR5, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2005 -FR5 SECURITIZED ASSET BACKED RECEIVABLES LLC, SERIES 2005 -FR4, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2005 -FR4 ASSET BACKED RECIEVABLES LLC 2005 -HE1 MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2005-HE1 ASSET BACKED SECURITIES CORPORATION HOME EQUITY LOAN TRUST, SERIES 2005 HE3, ASSET BACKED PASS THROUGH CERTIFICATES, SERIES 2005 -HE3 WELLS FARGO BANK, NATIONAL ASSOCIATION MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005 -HE5 MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2005 -HE5 IMH ASSETS CORP, COLLATERALIZED ASSET BACKED BONDS, IMPAC CMB TRUST, SERIES 2004 -11 MORGAN STANLEY ABS CAPITAL I INC TRUST, SERIES 2005 -HE4, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2005 -HE4 MORGAN STANLEY ABS CAPITAL I INC TRUST, SERIES 2005 -WMC6, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2005 -WMC6 IMPAC CMB TRUST MORTGAGE LOANS, SERIES 2005 -3 IMPAC CMB TRUST COLLATERALIZED ASSET BACKED BONDS, SERIES 2004 -2 IMPAC CMB TRUST COLLATERALIZED ASSET BACKED BONDS, SERIES 2005 -6 288 IMPAC CMB TRUST COLLATERALIZED ASSET BACKED BONDS, SERIES 2004 -9 IMPAC CMB TRUST COLLATERALIZED ASSET BACKED BONDS, SERIES 2004 -11 IMPAC CMB TRUST COLLATERALIZED ASSET BACKED BONDS, SERIES 2004 -6 IMPAC SECURED ASSETS CORP, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2001 -2 WELLS FARGO BANK MINNESOTA, N.A. FKA NORWEST BANK MINNESOTA, AS TRUSTEE UNDER THE SERVICING AGREEMENT RELATING TO AMERICAN RESIDENTIAL EAGLE BOND TRUST 1999 -2 WELLS FARGO BANK MINNESOTA, N.A. FKA NORWEST BANK MINNESOTA, AS TRUSTEE UNDER THE SERVICING AGREEMENT RELATING TO IMPAC MORTGAGE PASS THROUGH CERTIFICATES, SERIES 1999 -2 WELLS FARGO BANK MINNESOTA, N.A. FKA NORWEST BANK MINNESOTA, AS TRUSTEE UNDER THE SERVICING AGREEMENT RELATING TO IMPAC MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2000 -1 WELLS FARGO BANK MINNESOTA, N.A. FKA NORWEST BANK MINNESOTA, AS TRUSTEE UNDER THE SERVICING AGREEMENT RELATING TO DELTA FUNDING CORPORATION, SERIES 2000 -2 WELLS FARGO BANK MINNESOTA, N.A. FKA NORWEST BANK MINNESOTA, AS TRUSTEE UNDER THE SERVICING AGREEMENT RELATING TO DELTA FUNDING CORPORATION, SERIES 2000 -3 WELLS FARGO BANK MINNESOTA, N.A. FKA NORWEST BANK MINNESOTA, AS TRUSTEE UNDER THE SERVICING AGREEMENT RELATING TO DELTA FUNDING CORPORATION, SERIES 2000 -4 WELLS FARGO BANK, NATIONAL ASSOCIATION ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL INC. TRUST 2005 -WMC45 MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2005 -WMC45 WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2007 -HE4 MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007 -HE4 WELLS FARGO BANK N.A., AS TRUSTEE, ON BEHALF OF THE CERTIFICATEHOLDERS, MASTR ASSET BACKED SECURITIES TRUST 2007 -NCW MORTGAGE PASS THROUGH CERTIFICATES SERIES 2007 -NCW WELLS FARGO BANK, NATIONAL ASSOCIATION MORGAN STANLEY ABS CAPITAL I INC. TRUST 2005 -HE5 MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2005 -HE5 WELLS FARGO BANK, NATIONAL ASSOCIATION ON BEHALF OF MORGAN STANLEY ABS CAPITAL 1 INC. TRUST 2005 -WMC3 WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR SARM 2005 -15 WELLS FARGO BANK, N.A. AS TRUSTEE FOR THE HOLDERS OF SASCO 2007 -MLN1 00289 WELLS FARGO BANK, NATIONAL ASSOCIATION MORGAN STANLEY ABS CAPITAL I 9 INC. TRUST 2005 -HE5 MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2005 -HE5 WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE HOLDERS OF THE SARM 2005 -12 TRUST FUND WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR STRUCTURED ADJUSTABLE RATE MORTGAGE LOAN TRUST MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2005 -17 WELLS FARGO BANK, N.A. AS TRUSTEE FOR THE HOLDERS OF 2006 -11 WELLS FARGO BANK, N.A. AS TRUSTEE FOR THE HOLDERS OF BCAP 2006 -AA1 WELLS FARGO BANK, N.A. AS TRUSTEE ON BEHALF OF THE HARBORVIEW 2006 -12 TRUST FUND WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE HOLDERS OF BEAR STEARNS ASSET ARMED TRUST, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007 -5 WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST I 2007 -AC4, ASSET BACKED CERTIFICATES, SERIES 2007 AC4 WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST I 2007 -AC5, ASSET BACKED CERTIFICATES, SERIES 2007 AC5 WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE HOLDERS OF BEAR STEARNS ARM TRUST, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007 -3 WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE HOLDERS OF BEAR STEARNS ARM TRUST, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007 -5 WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL INC. TRUST 2005 WMC5 MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2005 -WMC5 WELLS FARGO BANK, N.A., AS TRUSTEE FOR HARBORVIEW MORTGAGE LOAN TRUST MORTGAGE LOAN PASS THROUGH CERTIFICATES, SERIES 2007 -1 WELLS FARGO BANK, N.A., AS TRUSTEE FOR HARBORVIEW MORTGAGE LOAN TRUST MORTGAGE LOAN PASS THROUGH CERTIFICATES, SERIES 2007 -6 WELLS FARGO BANK, N.A. AS INDENTURE TRUSTEE FOR THE REGISTERED HOLDERS OF IMH ASSETS CORP., COLLATERALIZED ASSET BACKED BONDS, SERIES 2005 -3 WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF ASSET BACKED PASS THROUGH CERTIFICAES SERIES 2004 -WCW2 WELLS FARGO BANK, NATIONAL ASSOCIATION ON BEHALF OF THE CERTIFICATEHOLDERS OF MORGAN STANLEY ABS CAPITAL INC. TRUST 2005 -WMC5 MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2005 -WMC5 WELLS FARGO BANK, N.A. AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF ASSET BACKED PASS THROUGH CERTIFICATES SERIES 2004 -WCW 1