HomeMy WebLinkAbout891958'WREN RECORDED MAIL TO:
Chase Manhattan Mortgage Corporation
Attention: Document Control
10790 Rancho Bernardo Road
San Diego, California 92127
BOOK ~PRP~AGE 0 0 I
LIMITED POWER OF ATTORNEY
LINCOLN 00UNTY CLERK
03 J! il 2. 8
..... , ,, I2: 11~
KNOW ALL MEN BY THESE PRESENTS, that Deutsche Bank National Trust Company,
formerly known as Bankers Trust Company of California, N.A. (as the "Trustee" or the "Custodian", as
the case may be), a national bankin9 association organized and existing under the laws of the United
States and having its principal place of business at 1761 East St. Andrew place, Santa Aha, California,
92705, as trustee (in such capacity, the "Trustee") pursuant to a Pooling and Servicing Agreement or a
Sale and Servicing Agreement among the Trustee and Chase Manhattan Mortgage Corporation (the
"Servicer" or "Successor Servicer") hereby constitutes and appoints the Servicer, having an address at
10790 Rancho Bernardo Road, San Diego, California 92127 by and through the Servicer's officers, the
Trustee's or the Custodian's true and lawful Attorney-in-Fact, in the Trustee's or the Custodian's name,
place and stead and for the Trustee's or the Custodian's benefit, in connection with all mortgage loans
serviced by the Servicer solely for the purpose of performing such acts and executing such documents in
the name of the Trustee or the Custodian as may be 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, noteholders, or bondholders.
This Appointment shall apply only to the following enumerated transactions and nothing herein or in the
Agreement shall be construed to the contrary:
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 Agreement.
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 lira tation, the execution of partial satisfactions/releases,
partial reconveyances or the execution or requests to trustees to accomplish same.
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.
The completion of loan assumption agreements.
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 limtation
cancellation of the related Mortgage Note. '
The assi§nment 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.
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.
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:
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
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.
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;
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
10.
11.
e. any and all documents necessary to effect the transfer of property.
The modification or amendment of escrow agreements established for repairs to the
mortgaged property or reserves for replacement of personal property.
To endorse checks, notes, drafts and other evidences of payment made payable to
Trustee, representing payments or payment in full on accounts in the name of Trustee.
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 April 15, 2002.
2
OU. 9.aS 2 0 3
Th'is 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 intknded 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, or otherwise make invalid or ineffective (in whole or
in part), any indemnification provided by the Servicer to the Trustee or the Custodian, er (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, as trustee or as custodian except as specifically provided for
herein. If the Servicer receives any notice of suit, litigation or proceeding in the name Deutsche Bank
National Trust Company, then the Servicer shall promptly forward a copy of same Deutsche Bank
National Trust Company.
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 and as Custodian, has
caused its corporate seal to be hereto affixed and these presents to be signed and acknowledged in its
name and behalf by a duly elected and authorized signatory this__ day of ,2002. ~JUL 1_ 9 2002
Deutsche Bank National Trust Company, formerly known as
Bankers Trust Company of California, N.A.,
as Trustee and as Custodian
Witnessed by:
d~rod Scott
By:
Name: Aimee Kemmeter
Title: Assistant Vice President
Witnessed by:
carlos F~c~~''
Name: Wendy Estes U
Title: Associate
Acknowledged and Agreed
Chase Manhattan Mortgage Corporation
Name: .... ~_
Title:
3
State of California
County of Orange
On ~r,~UL 1 9 200z , before me, peter Quoc Tran , personally appeared Aimee
Kerr{meter and Wendy Estes, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same in their authorized
capacity, and that by their signature on the instrument the person, or the entity upon
behalf of which they acted, executed the instrument.
WITNESS my hated and official seal.
PETER QUOC TRAN
COMM, # 1336288
ORANGE COUNTY
~MyCo~, Expires Doc. 24, 2~5
205
State of California
County of San Diego
On September 17, 2002, before me, Barbara Ann Vo.qt, Notary Public, personally appeared Kirk
N. Hobson personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s), whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity (les), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official Seal.
y ommtsston exptres 04/f8/2004
~ ~-'~'~ uumrnrsslon Ex ires '1 18, 2004
STATE OF KENTUCKY
COUNTY OF WOLFE
I, S. Kenneth Llnd~o.n Clerk of W~cClfe County for the
County and State afoi's,ald, do h,e~eby certify that the
fore_going Instrument was~n t ,h~__._~. day of ~1%% O_ ,
20'~_~ lodged In my offic~,,~'r record, whereupon the
same with the foregoing an.~[hi~,~rtificate have been duly
recorded in my office.
Given under ,my hand/fld~,the,c~' ~ of ?/.~.k.d. L20~____~
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