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200411014
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10/16/2011 11:02:04 PM
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10/21/2005 5:45:40 AM
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DEEDS
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200411014
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When Recorded, Return to: 09/27/2000 04:01 PN 18.00 <br />Fairbanks Capital Corp. Book - 8394 F3 - 4303 -4301 <br />Attn: Document Control 200411014 t+EANCY WORKMAN <br />P.O. Box 65250 RECORDM, SALT LAKE COUNTY, UTAH <br />' <br />Salt Lake City, UT 8416;5-0250 FAIREAWS CAPITAL CORP <br />ED POWER OF ATTORNEY 3815 WEST TEMPLE PO BOX 65250 <br />5LC UT a4165J250 KCC Def A 1p- <br />KNOW ALL MEN BY THESE PRESENTS that pursuant to the ter f =hMN4 GeNW15 P. <br />Pooling and Servicing Agreements (each, a PSA and collectively, "the PSAs'� identified in Exhibit <br />"A" hereto, MANUFACTURERS AND TRADERS TRUST COMPANY, the trustee (the "Trustee ") for the <br />trust ( "Trust ") established under each PSA, hereby constitutes and appoints FAIRBANKS CAPITAL <br />CORP. ( "Fairbanks "), in Fairbanks' capacity as a residential mortgage loan servicer (the "Servicer'� <br />pursuant to the terms of: <br />1. the "Asset Purchase Agreement" dated May 12, 2000 by and between ContiMortgage <br />Corporation and Fairbanks, and <br />2. the "Order Pursuant to Sections 105, 363(b), (f) and (m) and 365(a), (f), (k) and (m) ofthe <br />Bankruptcy Code," dated June 21, 2000 and entered in In re Contifinancial Corp., No. 00 -B- <br />12184 (AJG), United States Bankruptcy Court, Southern District of New York., <br />as its true and lawful attorney -in -fact and in its name, place and stead to take the following <br />designated actions with respect to any mortgage loan (each, a "Mortgage Loan') or other asset held <br />by a Trust. <br />1. To ask, demand, sue for, collect and receive all sums of money, debts or other obligations <br />of any kind with respect to a Mortgage Loan which are now or shall after this date become due, <br />owing or payable, or otherwise belong to the Trustee; to settle and compromise any of such debts <br />or obligations that may be or become due to the Trustee; to endorse in the name of the Trustee for <br />deposit in the appropriate account any check payable to or to the order of the Trustee; in each case <br />with respect to a Mortgage Loan. <br />2. To make demand(s) on behalf of the Trustee upon any or all parties liable on a Mortgage <br />Loan; to declare defaults with respect to a Mortgage Loan; to give notices of intention to accelerate <br />to give notices of acceleration and any other notices as Servicer deems reasonably necessary or <br />appropriate; to post all notices as required by law and the documents securing a Mortgage Loan in <br />order to foreclose such Mortgage Loan; to handle all aspects of foreclosure on behalf of the Trustee <br />including but not limited to conducting the foreclosure sale, bidding for the Trustee and executing <br />all documents, including all deeds and conveyances, needed to effect such foreclosure sale and/or <br />liquidation and transfer of REO property; to file suit and prosecute legal actions against all parties <br />liable for past due amounts under a Mortgage Loan, including but not limited to any deficiency <br />amounts due following foreclosure; and/or to take such other actions and exercise such rights which <br />may be taken by Trustee under the terms of any Mortgage Loan including foreclosure, sale, taking <br />possession of, realization upon all or any part of a Mortgage Loan or any collateral therefor or <br />guaranty thereof. <br />This instrument is to be construed and interpreted as a Limited Power of Attorney regarding <br />a Mortgage Loan. The enumeration of specific items, acts, rights and powers is not intended to, nor <br />does it give rise to and it is not to be construed as a general power of attorney. <br />caa <br />VIZ. <br />co <br />to <br />w <br />d <br />CIO <br />I <br />
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