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A 6y' When Recorded Return To: LoanCare 2100 Alt. 19 North Palm Harbor, FL 34683 — AFFIDAVIT OF MISSING ASSIGNMENT The undersigne aLANL�i'll JfRNIGAN , being duly sworn deposes and states as follows: 1. That I am a�lu'i' C`Cl+nr-mow r.., of LOANCARE, LLC ("Affiant") having its principal place of business at 3637 SE ARA , BEACH, VA 23452 , an officer duly authorized to make this affidavit. 2. That I have personal knowledge of the facts set forth in this Affidavit including that of LOANCARE, LLC's business records kept in the course of its regularly conducted business activities. I have personal knowledge of LOANCARE, LLC's procedures with respect to the safekeeping and retrieval of collateral documents and loans serviced or administered by LOANCARE, LLC on behalf of various Beneficiaries. 3. That Affiant is the servicer or attorney-in-fact for UNITED NEBRASKA BANK ("Current Beneficiary"), who is the Beneficiary of a certain Deed of Trust (the "Deed of Trust") dated on 04/16/2003 made by JAMES C SCHMITT as Trustor(s) to UNITED NEBRASKA BANK as Original Beneficiary, which Deed of Trust was recorded on 04/17/2003 in the office of the Recorder, Registrar or Clerk of HALL County, in the State of NE, in Document # 200304719. LOT TWENTY THREE (23), BLOCK SIX (6), UNIT THREE CONTINENTAL GARDENS, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. 4. Based upon the records maintained in Affiant's system of record, the Current Beneficiary owns and holds said Deed of Trust as a result of sale and assignment thereof to the Current Beneficiary from a previous Beneficiary. The Current Beneficiary duly and properly acquired the Deed of Trust and has in its possession the Deed of Trust loan documentation pertaining to same. 5. That I have examined an abstract of the public records of said County, and all known collateral documents in possession of the Affiant, and there appears to be a gap in the chain of assignments of said Deed of Trust from the Original Beneficiary to the Current Beneficiary. There is at least one assignment between UNITED NEBRASKA BANK, and CIT BANK NA and perhaps others within this gap that do not appear of public record. 6. That I have concluded that such missing assignment(s) either were never completed or, if completed, were lost, misplaced or destroyed before the same could be placed of record. 7. That, based on my review of available records, including, where applicable, the chain of endorsements on the Note, securitization documents, the collateral file, or other records of the loan, this loan was indeed assigned from UNITED NEBRASKA BANK to CIT BANK NA, and as such, an assignment should have been executed and recorded to indicate same. 8. That, after a diligent good faith attempt, I have concluded such assignment(s) cannot now be obtained. If a copy of one or more incomplete or otherwise unrecordable intervening assignment(s) are available, they are attached to this affidavit. 9. Based upon the records maintained in Affiant's system of record, the Current Beneficiary has not further assigned or transferred said Deed of Trust to any other party. 10. That this affidavit is made to induce the Recorder, Registrar or Clerk of said County to accept for recording this instrument, executed and acknowledged by the Affiant, in place of said lost, misplaced or destroyed assignment(s). 11. The Current Beneficiary agrees to indemnify and hold harmless the Recorder, Registrar or Clerk of said County from and against any cost or claims that may arise by reason of the acceptance and recording of this affidavit. LC002 427569077 T222109 01 08:42 [C 2] LAANE13 III0I IIIII 1IIII IIIII III1 IIDI ��H IIIII IIID ��I� �I�� 4 2 7 5 6 9 0 7 7 PAGE 1