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200809237
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Last modified
12/2/2008 10:39:39 AM
Creation date
11/4/2008 4:13:00 PM
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DEEDS
Inst Number
200809237
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<br />200809237 <br /> <br />e. the taking of deed in lieu of foreclosure: and <br /> <br />f, the preparation and execution of such other documents and performance of such <br />other actions as may be necessary under the terms of the Mortgage, Deed of <br />Trust or state law to expeditiously complete said transactions in paragraphs a.a. <br />through a.e. above. <br /> <br />9. With respect to the sale of property acquired through a foreclosure or deed.in lieu of foreclosure, <br />including, without limitation, the execution of the following documentation: <br /> <br />a. listing Agreements; <br /> <br />b. purchase and sale Agreements; <br /> <br />c, granUwarranty/quit claim deeds or any other deed causing the transfer of title of <br />the property to a party contracted to purchase same; <br /> <br />d. escrow instructions; and <br /> <br />e. any and all documents necessary to effect the transfer of property. <br /> <br />1 Q. The modification or amendment of escrow Agreements established for repairs to the mortgaged <br />property or reserves for replacement of personal property. <br /> <br />The undersigned gives said Attorney-in-Fact full power and authority to execute such instruments and to do <br />and perform all and every act and thing necessary and proper to carry into effect the power or powers <br />granted by or under this Limited Power of Attorney as fully as the undersigned might or could do, and hereby <br />does ratify and confirm to all that said Attorney-in-Fact shall be effective as of September 30,2008. <br /> <br />This appointment is to be construed and interpreted as a limited power of attorney. The enumeration of <br />specific items, rights, acts or powers herein is not intended to, nor does it give rise to, and it is not to be <br />construed as a general power of attorney, <br /> <br />Nothing contained herein shall (i) limit in any manner any indemnification provided by the Servicer to the <br />Trustee under the Agreements, or (ii) be construed to grant the Servicer the power to initiate or defend any <br />suit, litigation or proceeding in the name of Deutsche Bank National Trust Company except as specifically <br />provided for herein. If the Servicer receives any notice of suit, litigation or proceeding in the name of <br />Deutsche Bank National Trust Company or Bankers Trust Company of California, N,A" then the Servicer <br />shall promptly forward a copy of same to the Trustee. <br /> <br />This limited power of attorney is not intended to extend the powers granted to the Servicer under the <br />Agreements or to allow the Servicer to take any action with respect to Mortgages, Deeds of Trust or <br />Mortgage Notes not authorized by the Agreements. <br /> <br />The Servicer hereby agrees to indemnify and hold the Trustee and its directors, officers, employees and <br />agents harmless from and against any and all liabilities, obligations, losses, damages, penalties, actions, <br />judgments, suits, costs, expenses or disbursements of any kind or nature whatsoever incurred by reason or <br />result of or in connection with the exercise by the Servicer of the powers granted to it hereunder. The <br />foregoing indemnity shall survive the termination of this Limited Power of Attorney and the Agreements or <br />the earlier resignation or removal of the Trustee under the Agreements. <br /> <br />This Limited Power of Attorney is entered into and shall be governed by the laws of the State of California, <br />without regard to conflicts of law principles of such state. <br /> <br />Third parties without actual notice may rely upon the exercise of the power granted under this Limited Power <br />of Attorney; and may be satisfied that this Limited Power of Attorney shall continue in full force and effect <br />and has not been revoked unless an instrument of revocation has been made in writing by the undersigned, <br />
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