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HomeMy WebLinkAbout977158213838 Document drafted by and Return to: Wells Fargo Co. Attn: Yvette Blatchford Mac x0501 -02Q 1003 E. Brier Dr. San Bernardino, Ca. 92408 977158 6/25/2014 12:34 PM LINCOLN COUNTY FEES: $21.00 PAGE 1 OF 4 BOOK: 834 PAGE: 662 POWER OF ATTORNEY JEANNE WAGNER, LINCOLN COUNTY CLERK I I I I I I I I I 1 0 I I I I I I I I I I I I I I I I I I III 11111111111111111111 1111 1110 I IIII(IIIIII SPACE ABOVE THIS LINE FOR RECORDER'S USE LIMITED POWER OF ATTORNEY The trusts identified on the attached Schedule A (the "Trusts by and through U.S. Bank National Association, a national banking association organized and existing under the laws of the United States and having an office at 60 Livingston Avenue, EP- MN -WS3D, St. Paul, MN 55107, not in its individual capacity but solely as Trustee "Trustee hereby constitutes and appoints Wells Fargo Bank, N.A., "Servicer having an office at 8480 Stagecoach Circle, Frederick, MD 21701 and in its name, aforesaid Attorney -In -Fact, by and through any officer appointed by the Board of Directors of Servicer, to execute and acknowledge in writing or by facsimile stamp all documents customarily and reasonably necessary and appropriate for the tasks described in the items (1) through (11) below; provided however, that the documents described below may only be executed and delivered by such Attorneys -In -Fact if such documents are required or permitted under the terms of the related servicing agreements and no power is granted hereunder to take any action that would be adverse to the interests of U.S. Bank National Association. This Limited Power of Attorney is being issued in connection with Servicer's responsibilities to service certain mortgage loans (the "Loans held by the Trustee. These Loans are secured by collateral comprised of Mortgages, Deeds of Trust, Deeds to Secure Debt and other forms of Security instruments (collectively the "Security Instruments encumbering any and all real and personal property delineated therein (the "Property") and the Notes secured thereby. Please refer to Schedule A attached hereto. 1. Demand, sue for, recover, collect and receive each and every sum of money, debt, account and interest (which now is, or hereafter shall become due and payable) belonging to or claimed by the Trustee, and to use or take any lawful means for recovery by legal process or otherwise, including but not limited to the substitution of trustee serving under a Deed of Trust, the preparation and issuance of statements of breach, notices of default, and /or notices of sale, accepting deeds in lieu of foreclosure, evicting (to the extent allowed by federal, state or local laws) foreclosing on the properties under the Security Instruments by judicial or non judicial foreclosure, actions for temporary restraining orders, injunctions, appointments of receiver, suits for waste, fraud and any and all other tort, contractual or verifications in support thereof, as may be necessary or advisable in any bankruptcy action, state or federal suit or any other action. Wells Fargo Bank POA issued by U.S. Bank National Association, as Trustee Page 1 2. Execute and /or file such documents and take such other action as is proper and necessary to defend the Trustee in litigation and to resolve any litigation where the Servicer has an obligation to defend the Trustee, including but not limited to dismissal, termination, cancellation, rescission and settlement. 3. Transact business of any kind regarding the Loans, as the Trustee's act and deed, to contract for, purchase, receive and take possession and evidence of title in and to the Property and/or to secure payment of a promissory note or performance of any obligation or agreement relating thereto. 4. Execute, complete, indorse or file bonds, notes, mortgages, deeds of trust and other contracts, agreements and instruments regarding the Borrowers and/or the Property, including but not limited to the execution of estoppel certificates, financing statements, continuation statements, releases, satisfactions, assignments, loan modification agreements, payment plans, waivers, consents, amendments, forbearance agreements, loan assumption agreements, subordination agreements, property adjustment agreements, management agreements, listing agreements, purchase and sale agreements and other instruments pertaining to mortgages or deeds of trust, and execution of deeds and associated instruments, if any, conveying the Property, in the interest of the Trustee. 5. Endorse on behalf of the undersigned all checks, drafts and /or other negotiable instruments made payable to the undersigned. 6. Execute any document or perform any act in connection with the administration of any PMI policy or LPMI policy, hazard or other insurance claim relative to the Loans or related Property. 7. Execute any document or perform any act described in items (3), (4), and (5) in connection with the termination of any Trust as necessary to transfer ownership of the affected Loans to the entity (or its designee or assignee) possessing the right to obtain ownership of the Loans. 8. Subordinate the lien of a mortgage, deed of trust, or deed to secure debt (i) for the purpose of refinancing Loans, where applicable, or (ii) to an easement in favor of a public utility company or a government agency or unit with powers of eminent domain, including but not limited to the execution of partial satisfactions and releases and partial reconveyances reasonably required for such purpose, and the execution or requests to the trustees to accomplish the same. 9. Convey the Property to the mortgage insurer, or close the title to the Property to be acquired as real estate owned, or convey title to real estate owned property "REO Property 10. Execute and deliver the following documentation with respect to the sale of REO Property acquired through a foreclosure or deed -in -lieu of foreclosure, including, without limitation: listing agreements; purchase and sale agreements; grant limited or special warranty quit claim deeds or any other deed, but not general warranty deeds, causing the transfer of title of the property to a party contracted to purchase same; escrow instructions; and any and all documents necessary to effect the transfer of REO Property. Wells Fargo Bank POA issued by U.S. Bank National Association, as Trustee Page 2 r 11. Execute and deliver Limited Powers of Attorney in order to further delegate the authority granted under this Limited Power of Attorney for the purpose of effectuating Servicer's duties and responsibilities under the related trust agreements. 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 the exercise by the Servicer of the powers specifically granted to it under the related servicing agreements. The foregoing indemnity shall survive the termination of this Limited Power of Attorney and the related servicing agreements or the earlier resignation or removal of the Trustee under the related servicing agreements listed on Schedule A, attached. Witness my hand and seal this 16 day of May, 2014. NO CORPORATE SEAL Attest: State of Illinois County of Cook Signature: 0/1 Witness: Susan Clark WITNESS my hand an Ann R. Turbak, Trust Officer My commission expires: 1/17/2015 By: Christo CORPORATE ACKNOWLEDGMENT 'al seal. On Behalf of the Trusts, by U.S. Bank National Association, as Trustee Nuxoll, V' esident By: T esa M. Jacobson, Asst. Vice President On this 16 day of May, 2014, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Christopher J. Nuxoll, Theresa M. Jacobson and Mary Ann R. Turbak, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as Vice President, Assistant Vice President and Trust Officer, respectively of U.S. Bank National Association, a national banking association, and acknowledged to me that such national banking association executed the within instrument pursuant to its by -laws or a resolution of its Board of Directors. OFFICIAL SEAL JULIA LINIAN Notary public State of Illinois My Commission Expires Jan 17, 2015 Wells Fargo Bank POA issued by U.S. Bank National Association, as Trustee Page 3 Client Investor Number Deal U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank, National 708 Z10 Association, as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass Through Certificates, Series 2005 -14 U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank, National 708 Z11 Association, as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass Through Certificates, Series 2005 -15 U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank, National 708 Z12 Association, as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass Through Certificates, Series 2005 -16 U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank, National 708 Z13 Association, as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass Through Certificates, Series 2005 -17 U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank, National 708 Z14 Association, as Trustee for Wells Fargo Asset Securities Corporation, Mortgage Pass Through Certificates, Series 2005 -18 591 K69 U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank, National Association, as Trustee for GSR Mortgage Loan Trust 2005 -1F 106 329 U.S. Bank National Association, as Trustee for Adjustable Rate Mortgage Trust 2005 -2, Adjustable Rate Mortgage- Backed Pass Through Certificates, Series 2005 -2 708 L10 U.S. Bank National Association, as Indenture Trustee for Bear Stearns ARM Trust 2005 -2, Mortgage- Backed Notes, Series 2005 -2 708 K35-003 U.S. Bank National Association, as Trustee for Citigroup Mortgage Loan Trust Inc., Mortgage Pass Through Certificates, Series 2005 -2 106 327 U.S. Bank National Association, as Trustee for Credit Suisse First Boston Mortgage Securities 106 430 Corp., CSFB Mortgage- Backed Pass Through Certificates, Series 2005 -2 708 B1H 106 527 U.S. Bank National Association, as Trustee for Credit Suisse First Boston Mortgage Securities Corp., Home Equity Asset Trust 2005 -2, Home Equity Pass Through Certificates, Series 2005 -2 708 B99 U.S. Bank National Association, as Trustee for LMT 2005 -2 106 Y53 106 Z60 U.S. Bank National Association, as Trustee for Structured Asset Mortgage Investments II Inc., 708 418 Prime Mortgage Trust, Certificates Series 2005 -2 708 L56 U.S. Bank National Association, as Trustee, successor in interest to Bank of America, National 106 K84 Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for Structured Asset Investment Loan Trust Mortgage Pass Through Certificates, Series 2005 -2 106 K35 U.S. Bank National Association, as Trustee, successor in interest to Bank of America, National Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee 708 L92 for Lehman XS Trust, Mortgage Pass Through Certificates, Series 2005 -2 U.S. Bank National Association, as Trustee, successor in interest to Bank of America, National 708 L68 Association, as Trustee, successor by merger to LaSalle Bank National Association, as Trustee for Thornburg Mortgage Securities Trust 2005 -2 708 L16 U.S. Bank National Association, as Trustee, successor in interest to Wachovia Bank, National Association, as Trustee for Banc of America Funding Corporation 2005 -2 Schedule A Revised 5/1/14 17