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When Recor• Return To: 0‘) 2100 Alt. • ► orth A/ 7G Palm a • • , FL 34683 - q Mee m nn c -rirnN mno m >.. L„ rwl.. x:z r C -D , 1LQ AFFIDAVIT OF MISSING ASSIGNMENT The undersigneyj JEANEEN JERNIGAN being duly sworn deposes and states as follows: 1. That I am a /1 of LOANCARE, LLC ("Affiant") having its principal place of business at 3637 SENTARA WAY, VIRGINIA 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 TIERONE BANK ("Current Beneficiary"), who is the Beneficiary of a certain Deed of Trust (the "Deed of Trust") dated on 12/31/2003 made by STEVEN R POWELL AND KATHLEEN A POWELL as Trustor(s) to TIERONE BANK as Original Beneficiary, which Deed of Trust was recorded on 01/08/2004 in the office of the Recorder, Registrar or Clerk of HALL County, in the State of NE, in Document # 200400219. THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (E1/2 SE1/4 SE1/4) OF SECTION FOUR (4) , TOWNSHIP TEN (10) NORTH, RANGE TEN (10) WEST OF THE 6TH P.M. , 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 TIERONE BANK, and LOANCARE, LLC 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 TIERONE BANK to LOANCARE, LLC, 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. PAGE 1 LC002 428977969 T082111-0322 35 [C-21 LAANE1 3 1111111111111111 IIIII 11111 IIIA 11111 VIII11111IIIIIIII 6