HomeMy WebLinkAbout9025099025O. 9
REO£1VED
· LINOOLN COLINTY CLERK
"D
JEANNE ~/AGNER
Prepared By and When
Recorded Return to:
1935 International Way
Idaho Falls, Idaho 83402
STATE: WY
COUNTY: LINCOLN
LIMITED POWER OF ATTORNEY
LEHMAN CAPITAL, A DIVISION OF LEHMAN BROTHERS
HOLDINGS INC.
TO
FINANCIAL FREEDOM SENIOR FUNDING CORPORATION
0902509
LIMITED POWER OF ATTORNEY
LEHMAN CAPITAL, A DIVISION OF LEHMAN BROTHERS 'HOLDINGS INC.
("Seller") hereby appoints FINANCIAL FREEDOM SENIOR FUNDING CORPORATION
("Purchaser"), as its true and lawful attorney-in-fact to act in the name, place and stead of Seller
for the purposes set forth below. This Limited Power of Attorney is given pursuant to'a certain
Mortgage Servicing Rights Purchase And Sale Agreement, dated as of May 5, 2004 (the
"Purchase Agreement"), between Purchaser (as assignee of Indymac Bank, FSB) and Seller, to
which reference is made for the definition of all capitalized terms used herein.
NOW THEREFORE, Seller does hereby constitute and appoint Purchaser the true and
lawful attorney-in-fact of Seller and in Seller's name, place and stead with respect to each
mortgage loan, the servicing rights to which are being sold to Purchaser pursuant to the Purchase
Agreement for the following, and only the following, purposes:
To execute, acknowledge, seal and deliver deed of trust/mortgage note
endorsements, assignments of deed of trust/mortgage and other recorded
documents, satisfactions/ releases/reconveyances of deed of trust/mortgage, tax
authority notifications and declaration, deeds, bills of sale, and other instruments
of sale, conveyance, and transfer, appropriately completed, with a 11 ordinary o r
necessary endorsements, acknowledgments, affidavits, and supporting documents
as may be necessary or appropriate to effect its execution, delivery, conveyance,
recordation of filing.
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To execute and deliver affidavits of debt, substitutions of trustee, substitutions of
counsel, non-military affidavits, notices of rescission, foreclosure deeds, transfer
tax affidavit, affidavits of merit, verification of complaint, notices to quit,
bankruptcy declarations for the purpose of filing motions to lift stays and other
documents 'or notice filings on behalf of Seller in cmmection with foreclosure,
bankruptcy and eviction actions.
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To execute, acknowledge, seal and deliver, on behalf of Seller, anY of the
aforesaid instruments and assignments that Seller is authorized to execute,
acknowledge, seal or deliver as agent for any other lender, investor or servicer.
This instrument is to be construed and interpreted as a limited power of attorney and does
not empower or authorize the said attorneys-in-fact to do any act or execute 'any document on
behalf of Seller not specifically described herein.
Purchaser shall indemnify, defend and hold harmless Seller, its successors and assigns,
fi.om and against any and all losses, costs, expenses (including, without limitation, actual
attorneys' fees), damages, liabilities, demand or claims of any kind whatsoever, ("Claims")
arising out of, related to, or in connection with any use or misuse of this Limited Power qf
Attorney in any manner or by any person not expressly authorized hereby.
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The rights, power, and authority of the attorney-in-fact granted in this instrument will
commence and be in full force and effect on July .12) 2004 and such fights, powers, and authority
will remain in full force and effect until 11:59 p.m., Pacific Standard time, on December 31,
2006.
IN WITNESS WHEREOF, Seller has executed this Limited Power of Attorney this 15th
day of July, 2004.
LEHMAN CAPITAL, A DIVICN OF)
LEHMAN BROTHERS HOPINGS Ii~C.
. ~- -~---~-'----~ /
./
By:
Name: Roger Stejskal/
Title: Vice President
Witnesses:
STA E~OF California
COUNTY OF San Francisco
BEFORE ME, Susan W. Lee, a Notary Public in and for the jurisdiction aforesaid, on this 15th
day of July, 2004, personally appeared Roger Stejskal, who is personally known to me to be a
Vice President of Lehman Capital, A Division of Letunan Brothers Holdings Inc. This person
acknowledged under oath to my satisfaction that (a) this person signed and delivered the
foregoing instrument as a Vice President of Lehman Capital, A Division of Lelunan Brothers
Holdings Inc., the corporation named in this instrument, and (b) this instrument was signed and
made by the corporation as its voluntary act and deed by virtue of authority from its Board of
Directors for the uses, purposes and consideration therein set forth.
Witness my hand and official seal this 15th day of July, 2004.
Notary Public - Susan W. Lee
My Commission Expires: March 28, 2007
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