Aurora Robosigner Deposition - Joann Rein - Admits She Did Not Have To Know The Notary Laws!! Depo Terminated Early

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IN THE CIRCUIT COURT FOR THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA
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AURORA LOAN SERVICES,
LLC,
CASE
NO.
50
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2009 CA 000565XXXX MB
PLAINTIFF,
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VS.
TELEPHONIC DEPOSITION
OF JOANN REIN
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PERCY CASTILLO; C. L. E. HOMEOWNERS
ASSOCIATION,
INC; IN
JENNIFER CASTILLO;
UNKNOWN TENANT (S)

9
10 POSSESSION OF THE
SUBJECT PROPERTY,
DEFENDANTS
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N|^k
TELEPHONIC DEPOSITION OF JOANN REIN,
taken
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before April E. O'Malley, General Notary Public

within and for the State of Nebraska, beginning at
11:05 a.m., on the 17th day of November, 2011, at

the Offices of Thomas & Thomas Court Reporters
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& Certified Legal Video, L.L.C., 1321 Jones Street,
Omaha, Nebraska, pursuant to the Federal Rules of

Civil Procedure.
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Thomas & Thomas Court Reporters Court Reporting - Legal Video - Video Conferencing
APPEARANCE
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FOR THE PLAINTIFF (VIA TELEPHONE) :

MR. STEVEN ELLISON BROAD AND CASSEL
One North Clematis Street, West Palm Beach, FL 33401

sellison@broadandcassel.com
Suite 500
(561)832-3300 FAX(561)655-1109
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FOR THE DEFENDANTS

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(VIA TELEPHONE) :
MS.
AMANDA L.
LUNDERGAN
ICE LEGAL,
P.A.
1015 North State Road 7,
Suite D
Royal Palm Beach, FL 33411

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(561)729-0530 FAX(866)507-9888 amanda@ icelegal.com
ALSO
PRESENT
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GENERAL NOTARY PUBLIC FOR THE
STATE OF NEBRASKA:
MS.
SANDRA J.
HANSON
(VIA TELEPHONE)
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INDEX
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CASE CAPTION APPEARANCES INDEX EXHIBITS TESTIMONY REPORTER CERTIFICATE READ & SIGN LETTER ERRATA SHEET
DIRECT EXAMINATION:
Page Page Page Page Page Page Page Page
1 2 3 3 4 88 89 90
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By Ms. Lundergan
Page
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10 11 12 13
14 15 16
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EXHIBITS:
MARKED:
A. B.
C.
Assignment of Mortgage Mortgage

MIN Summary
Page Page
Page
41 72
87
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REIN -Direct (By Ms. Lundergan)
(Whereupon,
had, to-wit:)
the following proceedings were
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JOANN
REIN
having been first duly sworn by Sandra J.
Hanson,
General Notary Public for the State of Nebraska,

was examined and testified as follows:
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(Ms.
DIRECT BY MS. LUNDERGAN:
Hanson leaves deposition.)

EXAMINATION
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Q.
All right.
Joann,
can you please state
your name for the record?
A.
Q. A.
My name is Edna Joann Rein.

And do you go by Edna or Joann? I go by Joann.
13 14 15 16 17
Q.
Okay.
I'm just going to go over a few
instructions that your attorney may have told you,
but just a couple of things before we begin.

And this one will be especially important
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since we are doing this telephonically.
Wait until
I complete by question before you answer, that way

she can take everything down and we're not trying to
talk at the same time.
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Please try to give verbal answers only,
yes, no.
You can' t say uh-huh, huh-uh.
Those don' t
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come out quite right on the transcript.

Thomas & Thomas Court Reporters
Court Reporting - Legal Video - Video Conferencing
I don't anticipate for this to go very
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long, but if you do need a break, you need to take a

moment, just let me know.
Please answer the question unless your
attorney instructs you not to.
He may make some
objections, but please still answer the question unless he says don't answer.
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And if you don' t remember something or you

need to clarify or correct something, let me know because we can always go back to a previous topic and clarify that. Joann,
A.
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can you state who you work for?

FSB.
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I work for Aurora Bank,
Q.
Okay.
FSB,
And what's the address for

the business address?
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Aurora Bank,
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A.
Nebraska.
It's 2617 College Park,
Scottsbluff,
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Q.
A.
And is that the address that you work at?

Yes.
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Q.
A.
Okay.
Yes.
And do you live in Nebraska?
Q.
Nebraska?
Okay.
And how long have you lived in
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A.
About all my life.
Q.
Have you ever lived in Indiana?

REIN - Direct (By Ms. Lundergan)
A.
No.
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3
4
Q.
Okay.
Are you aware that your attorney
represented that you lived in Indiana?

A. No.
Q.
And if your attorney did, in fact,
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represent that, that would be incorrect, right?

A. Yes.
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Q.
A.
Okay.
No.
Have you ever been deposed before?
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Q.
Okay.
Have you ever been convicted of a
crime punishable of more than a year?

A. No.
\gsr
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Q.
And have you ever been convicted of a

such as theft or
crime involving dishonesty,

forgery?
A. No.
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Q.
And are you on any current medications or
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alcohol that would impair your ability to testify

here? A. No.
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Q.
school?
A.
Okay.
Joann, did you graduate from high
Yes.
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Q.
A.
And do you have any college degrees?

No.
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3
Q.
A.
Have you taken any college classes?

A few.
Q.
A.
And what kind of classes have you taken?

Accounting.
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Q.
A.
Accounting.
Yes.
Just one class?
Q.
A.
Okay.
And where was that at?

Texas.
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That was in Dallas,
Q.
Okay.
I want to talk a little bit about
your employment history.
Can you kind of walk me

I guess
through where you've worked over the years?
you can start with out of high school, where did you
first work?
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A.
worked for Braniff.
Q.
A.
And what was that?

I was a hostess.
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Q.
A.
Is that a restaurant?
Stewardess.
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Q.
A.
So was that an airline?

Yes.
Q.
work?
Okay.
And then after that where did you
A.
Southern Trust Mortgage.
Q.
A.
Okay.
And what did you do there?
Was the Ginnie Mae accountant.

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Q. A.
And how long ago was that? I quit there in about '75.
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Q.
A.
Okay.
And after that where did you work?
Platte Valley Mortgage of Nebraska.
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Q.
A.
Okay.
And what did you do there?

started out in the payoff
I worked as
department.
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Q.
you work?
Uh-huh.
Okay.
And after that where did
10
A.
Well, Platte Valley
I stayed there
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ten years, and then I went to Harbor Financial for

five years.
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Q.
A.
And what did you do at Harbor Financial?

I was the supervisor over the taxes and
escrow department, the payoff department.
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Q.
A.
Okay.
And after that where did you work?

or that's when I
Then I worked for
started back at Aurora Loan Services.
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q.
You started back there, meaning you had
worked there before?
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A.
Well, Aurora Loan Services used to be
Platte Valley Mortgage.
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Q.
Okay.
So when you went back and it was
now called Aurora Loan Services, what did you do? A. Worked in the assignments prep department
Q.
A.
And that's where you've worked since then?

Yes.
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3 4 5 6 7 8
Q.
Okay.
And what is your current position

FSB?
at Aurora Bank,
A.
Supervisor.
Q.
Supervisor of what?
A.
The doc audit department instead of the
assignments prep department.
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Q.
And how long have you been an employee of

FSB?
Aurora Bank,
A. Q. A.
Since June of this year. Okay. Or July. Excuse me. I'm sorry.
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Q.
As a supervisor of this department, what
kind of responsibilities do you have? A.

staff.
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I do monthly reporting.
I supervise my
Q.
A.
And what department is that?

The doc audit department. And what does the doc audit department do?
We review collateral files and make sure
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Q.
A.
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that all the documents are correct in the collateral

files.
Q.
Okay.
And you say you supervise the
Ss^,
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department.
How many people are in that department?


10
A.
this time.
Nine full-time people and five temps at
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Q.
A.
And who do you report to?

Jan Walsh.
Q.
And what is Jan Walsh's title?
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A.
She's an assistant vice-president.
Q.
in 2008?
Okay.
What was your position back
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A. Q. A. Q.
I was a supervisor. Supervisor of what? Assignment prep. And what responsibilities did you have in
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that position?
A.
have now.
Basically the same responsibilities that I
Q.
And state that again.
I'm sorry.
A.
The same responsibilities that I have now,
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supervise my staff.
Q.
Okay.
And when you were supervising the
staff in that department, what did the staff do?

A.
deeds
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They prepared assignments of mortgages,
of trust.
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Q.
A.
Anything else?
No.
Q.
And how long were you in charge of that,

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meaning the assignment prep department?

A. Let me see. About six and a half years.
3
4
Q.
Okay.
And in your job as supervisor of
the document audit department back in 2008, what
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responsibilities did you have?

those for me?
Can you outline
A.
I was
repeat the question.
I'm sorry.
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Q.
In your job back in 2008, can you outline
for me what responsibilities you had? A. My responsibilities were to manage my their quality of
staff and make sure that they work was

there.
was there, their quantity of work was
I did the reporting to upper management on a
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monthly basis, and I asked questions .
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Q.
Did you share that responsibility with
anybody else?
A. No.
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Q.
And when you say reporting, do you mean
written reports?
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A.
Yes, monthly reports.
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Q.
And what would be detailed in those
written reports?
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A.
The production.
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Q.
executing?
Meaning the number of documents you are

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A. what we
Q.
Not executing.
The number of, basically,
what our production was for the month.

And when you say production, can you
explain to me what that means? A.

documents
That means the quality and the quantity of

that we received.
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7
Q.
And when you say the quality, what exactly
8 9 10
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were you looking for?

A.
correctly.
Make sure that the documents were prepared
Q.
Did you have written guidelines as to how
they were to be prepared?

A. No.
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Q.
So what were you looking for to determine
whether they were properly prepared?

A. I didn't look at each individual one. You
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would just look to see that the document was

prepared correctly.
Q.
But how would you know whether or not it
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was prepared correctly?
A.
By looking to see that the borrower' s name

the address was correct.
was correct,
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Q.
A.
Anything else?
No.
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Q.
Okay.
So you would look to see whether

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1 the name was correct and the address was correct,
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right?
A. Yes.
Q.
And that was all that you would look at,
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right?
A. Yes.
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Q.
And when we' re saying documents, we' re
strictly talking about assignments of mortgage,

correct?
A. Correct.
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Q.
Did your department execute any other
types of documents?
A. No.
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Q.
Okay.
When you looked to see whether the
address and name were correct, what were you
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comparing that to?
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A.
The mortgage or the deed of trust.
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Q.
Okay.
And were you looking at a paper
version, or were you looking at that online?

A. Online.
21
Q.
And what was that contained in?
Some kind
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of computer program?
A.
What was that called?
Imaging system.
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Q.
A.
Was that what it was officially known as?

Yes.

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1
2
Q.
A.
Okay.
As far as I know.
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Q.
And so when you would look on that Imaging
system, what would be on the screen?
A.
A copy of the documents that you would
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pull up.
Q. Such as?
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A.
Q.
Such as the note or the mortgage.

Any other documents?
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A.
If there was another assignment out there
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and it was on the Imaging, you could pull it up.

Q. And who enters that information into the
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Imaging system? A.
Q.
A.
Capture Center.
And where is that located?
In Scottsbluff.
17
Q.
And were you the only one in your
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department that had access to the Imaging system?

A. No.
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Q.
Did everyone in your department have
access to the Imaging system?

A. Yes.
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%5^
Q.
Were you the only person who
who
audited or checked to see whether the documents were
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executed correctly?

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A.
Yes.
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5
Q.
Okay.
And how long did you work in that
department? A.
Q.
I'm still in that department.

You still oversee the execution of
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assignments?
A. Yes.
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10
11
Q.
Okay.
Do you still use the same process
to review whether or not the assignments are

executed correctly?
A. Yes.
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Q.
Okay.
Are you still the only person who
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does that responsibility?

A. I yeah, yes.
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Q.
Okay.
Is the computer program still
called the same thing? MR.

You can answer.
ELLISON:
Object to the form.
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THE WITNESS:
It's called
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MCD Imaging, MCD Doc Viewer.

BY MS. LUNDERGAN:
22
23
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Q.
before?
A.
Is it different than the program you used
No.
25
Q.
Are you still looking at the same Thomas & Thomas Court Reporters

16
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documents when you go into that program?

A. Yes.
3
4
Q.
Are there any additional documents now
available in that program?
A.
Oh,
I'm sure there are.
6
7
Q.
What kinds of documents?
What I mean by
additional, you said before you could look at the

deed or the mortgage or any statements, if they were
available. Are there any additional documents now
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available on that program?

A. Yes.
Q.
What kind?
A.
Q.
The servicing file is uploaded to that.

When you say servicing file, do you mean
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like payment history?

A. Excuse me?
Q.
When you say servicing file, does that
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include payment history?

A. No.
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Q.
A.
Okay.
What do you mean by servicing file?
I mean, like, the application of the
borrower when the loan originally gets originated,

all the documents
Q.
Okay.
So what I would call the loan
origination file; is that correct?

Court Reporting - Legal Video -Video Conferencing

17
v
A.
Correct.
2
3
4
Q.
Okay.
Joann, have you ever been an
officer of Aurora Bank or Aurora Loan Services?

A. No.
Q.
Have you ever had a position with the name
or have you ever held a position in Aurora Bank or
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8
9
Aurora Loan Services where your title included the

word vice-president?
A. No.
10
11
Q.
A.
How about secretary?

No.
12
13
14
Q.
How about have you ever held a position
where your title included the word president?

A. No.
15
16
17
Q.
Have you ever signed any documents where
your title included the word vice-president?

A. Yes.
18
Q.
On behalf of who?
19
20
A.
Systems,
The Mortgage Electronic Registration

Inc.
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22
Q.
A.
Anyone else?
No.
23
24
25
Q.
Have you ever signed any documents and
used the title secretary?

A. No.

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1
2
Q.
Have you ever signed any documents on

and used the
behalf of Aurora Bank or Loan Services
3
4
title president?
A. No.
Q.
Okay.
Going back to 2008 when you were
6
7
overseeing the department

what it was first called.
and remind me again
A.
Assignment prep.
9 10
11
12
\fes^
Q.
Assignment prep, okay.
When you were
overseeing assignment prep and you were reporting to

your upper management, approximately how many
assignments per week were you executing?
MR.
can answer.
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ELLISON:
Objection to form.
You
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THE WITNESS:
week.
BY MS. LUNDERGAN:
Probably about 800 a
18 19
20
Q.
And how many people were you supervising
in that department in 2008?

A. I can't remember the exact number. That
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22
was three, four years ago.

five.
I would say probably
23
24
25
Q.
Okay.
And approximately how much time did
you spend executing each document?

MR. ELLISON: Objection to form. You

19
1 2 3
can
answer.
THE WITNESS:
On each document?
Like
15,
20 seconds.
LUNDERGAN:
4
5
BY MS.
Q.
Okay.
So that would be
so you spend
6
7
about 15 to 20 seconds executing each assignment of
mortgage.
When I say executing, I mean signing the
8 9
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assignment of mortgage.
A. Q. Right. Okay. Joann, did you have standards as
far as how many documents you were supposed to

execute each week?
A. No.
12
13
14 15
Q.
Did you have goals as far as how many you
were supposed to execute each week?

A. No.
16
17
Q.
When you said earlier that you had to
18
19
report to upper management about productivity, what

exactly were you reporting to them?
20
21
A.
The productivity of my staff and how much
they were doing.
22
23
Q.
Okay.
Were there goals set as to how much
each person should be doing?

A. Yes.
24
25
Q.
And what were those goals?

20
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1
2
A.
They had to process
at that time I
think it was 70 a day.
3
4
Q.
A.
Each person had to process 70 a day?

Yes.
Q.
And were there standards or goals about
6
7
how much time they should spend on each assignment

of mortgage?
8
9
10 11 BY MS.
MR.
You can answer.
ELLISON:
Object to the form.
THE WITNESS: LUNDERGAN:
No.
12
\h^
Q.
But each person was supposed to execute
13 14
15
approximately 70 per day? MR.

ahead.
ELLISON:
Object to the form.
Go
16
THE WITNESS:
They wouldn't execute.
17
18
They would prepare or process.

BY MS. LUNDERGAN:
19
20 does
Q.
And when you say prepare or process, what
that mean?
21
22
A.
That means going in and entering the
information into the assignment format.
23
24
Q.
Okay.
When you say assignment form
let's back up.
25
Why don't you walk me through the process


21
1 2 3
4 5
of how an assignment is prepared and processed going

from beginning to end in your department back in
2008.
MR.
can answer.
ELLISON:
Object to form.
You
6
7
THE WITNESS:
We got a system that
has all the state and county requirements as far as an assignment format. And in this system, it is
8 9
10
pulled
all borrower' s information is pulled into
that system.
11
12
When we enter the loan number, it will pull most of the information in there, but we have
13
14
to go into Imaging and pull up the original

mortgage, the reported one.
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And then they make sure that all the information that is in our system is correct with what is actually on the recorded document.
BY MS. LUNDERGAN:
18 19
20 21 22
Q.
Okay.
And what was the name of that
system that you're talking about?

A. It's called the Rekon system.
Q.
And is that a system that was available
23
24
just to your department?

A. No.
25
Q.
Okay.
Who entered that information on the

22
1 2
Rekon system?
A.
Q.
located?
A.
My processors.
3 4 5 6
7
Okay.
And where were the processors
At the cubicle.
Q.
in?
A.
In the same building that you were located
8
9
Yes.
Q.
And did you supervise the processors
10 11
entering this information?

A. Yes.
12
Q.
Okay.
Was that part of your job
%^^
13
14
responsibility in your department in 2008?

A. Yes.
15
16 17
Q.
Okay.
And when you said you were looking
at the Rekon system, what exactly would be on the

screen?
18
19
A.
There
there's several files
and it
it tells you what the milestone was.

Well, you put in the loan number.
when it pulls up, it pulls in the state.
20
21
Then
You have
22 23 24 25
to enter the county.
You have to enter the
mortgagor's name exactly like it is on the mortgage.
Theref s just information blanks that you have to

fill in.
NW

23
V-p,
1 Q. Okay. And where where were the
2
3 4
5
processors getting the information that they were

entering into the system from? A.
mortgage.
From the recorded images of recorded
6
7
8
Q.
Okay.
Now, going back to how this process
works, how did you know each day which cases needed
assignments?
9
10 You can answer.
MR. ELLISON:
Go ahead.
Object to the form.
11
12
13 14
15
16
17
18
THE WITNESS:
There's another system
that we had between the attorneys, bankruptcy and

foreclosure attorneys, and there was a processor that would read the messages from the attorney.
When the attorney needed an assignment, they would
request it through this system, and then we would
prepare it.
BY MS. LUNDERGAN:
19
Q.
All right.
And what was the name of that
20
21
system?
A. That was called LenStar system.
22
Q.
So if someone needed an assignment, you
23
24
would get a request from an attorney, correct?

A. Correct.
25
Q.
And did that come by email?

24
l 2
A.
No that
this was a system that they
could look at and that we could look at.
3
4
Q.
Okay.
So any Aurora attorney representing
you in a foreclosure would have access to this

system?
5 6 7
MR.
can answer.
ELLISON:
Object to form.
You
8 9 10
11 12 13 14 15 16 17
18 BY MS.
THE WITNESS:
LUNDERGAN:
Yes.
Q.
And the attorney would request an
assignment to be made through this system?

A. Yes.
Q.
Okay.
And then would it print out a list
of the assignments that needed to be done for that

day?
A. No.
MR.
THE
ELLISON:
WITNESS:
Object to the form.

No.
19 20
21 22 23 24
25
BY MS.
LUNDERGAN:
Q.
Okay.
What would show on the screen?

MR. ELLISON: Object to the form.
You
can
answer.
THE WITNESS:
The screen would
just
it would show you, I guess you would call it

An attorney would request
kind of like an email.
Court Reporting -Legal Video -Video Conferencing

25
they would just type in there that they needed an

assignment and who it was from and to, and we had a
processor that would read these, and then she would
3 4 5 6
7
request, you know, those requests to our system.

BY MS. LUNDERGAN:
Q.
A.
You mean the Rekon system?

No. She would put them in Dok Trak.
8 9 10
Q.
Were you in charge of the department that
received those, what you've referred to as kind of
emails from the attorneys?

A. Yes.
11
12
Q.
Okay.
And how many people worked in that
13
14
specific area of that department?
How many people
worked on the system that received the emails from the attorney?
A. One.
15
16
17 18 19
Q.
A.
And who was that?

I can't remember who it was.
Q.
Aurora? A.
Okay.
So does that person still work for
20 21 22
23
No.
Q.
Okay.
Do you use that same system to
create assignments
let me rephrase.
24 25
Tell me again the name of the system that

received the emails.
Court Reporting -Legal Video -Video Conferencing

26
\^^
1 A. That was LenStar.
2
3
Q.
A.
Do you still use the LenStar system today?

No.
4
5
Q.
A.
What do you use now?
It's called LPS Desktop.

Does the LPS Desktop work let me
Q.
rephrase.
8
9
10
11
Does it still
does it work similarly to
LenStar in that you receive assignments from the

attorneys? Let me rephrase again.
Explain to me how LPS works.
12
>w
A.
LPS works basically the same as LenStar.
13
14
The attorney puts the request in there if they need

an assignment.
15
Q.
Okay.
And the attorney would put in who
16
17
the assignment was to be from and who the assignment

was to be to?
18
A.
Yes.
19
20 21
22
Q.
Do the attorneys put in
I'm talking now
about the LPS system
do the attorneys put in what
I would call the effective date of the assignment?

A. We do not effective date our assignments.
23
24
Q.
You've never executed assignments with
effective dates?
v^,
25
A.
Yes,
I have.

27
Q.
Okay.
Did you stop using assignments with
2
3 4
effective dates?
A. Yes.
Q.
A.
And when did you stop that?

I don' t know.
5 6
7
Q.
A.
Was it within the last year?

I can' t give you a specific time. I don' t
8 9
know.
Q.
dates?
A.
And why did you stop using effective
10
11
12
That was per our legal counsel.

Okay. Were there any written instructions
Q.
13 14 15 16
17
as to why you stopped using effective dates?

A. No.
Q.
Do you remember any reasons why you
stopped using effective dates?
MR.
ELLISON:
Let me object at this She
18
point and instruct the witness not to answer.
19 20
21
indicated before that this decision was made per
legal counsel.
If there were instructions that were
given by legal counsel, that would be protected by

the privilege.
BY MS. LUNDERGAN:
22
23
24
Q.
Okay.
Is there any reasoning that you
^w
25
received that you did not get from legal counsel?


28
1 2 3 4 5 6 7 8
A.
No.
Q.
Okay.
But you no longer use effective
dates on your assignments?

A. Correct.
Q.
Okay.
I want to go back to the process by
which the statements were executed, and I'm going to

go back to the LenStar system back in 2008.
So am I correct that the information would
9
10
come from the attorney, correct?

MR.
You can answer.
ELLISON:
Object to the form.
11 12
THE WITNESS:
BY MS. LUNDERGAN:
Can you rephrase?
13 14
15
Q.
Yes.
I want to walk through the process,
and just correct me if I'm wrong. The attorney would input the assignment
information into the LenStar system, correct?
16
17
18 19 20 21
A.
They would put a request in there.
Q.
And they would put in information such as
who the mortgage assignment was to go to and from,

correct? A. Correct.
22
23
24
Q.
And back in 2008 there may have been

correct?
effective dates,
A. Yes.
25

29
1 2 3 4
Q.
effective
A.
And would the attorney put in the

date?
Yes.
Q.
Okay.
What other information would the
5 6
7
attorney put into the system besides who it was

going to and from and the effective date?
A.
That's basically it.
8
9
Q.
Okay.
Did they give you a deadline by
which the assignment needed to be executed?

A. No.
10 11
12
>%^,
Q.
Okay.
Did you have certain goals as far
as how quickly you needed to execute the assignments

back in 2008?
13
14
A.
I'm assuming now we probably had like
15 16
17
a three-day turnaround or a four-day turnaround

time.
Q.
Okay.
Is that a similar goal that you
18 19 20
21
have executing assignments today?

A. Excuse me?
Q.
Do you still
that was in 2008.
Today
executing assignments, do you still attempt to have

a three-day turnaround?
A. No.
22 23
24
Q. A.
What's your standard now? Our process is different now.
25

30
v
1
2
3
Q.
A.
Can you explain to me
repeat that.
I said our process is different now.
Those do not have that standard.
4
5
6
Q.
Okay.
We'll get back to that in a minute.
I want to go back to 2008.

So the information would be in LenStar
let me rephrase.
8
9
10
The attorney would enter the information

into LenStar, correct?
A. Correct.
11 12
13
Q.
And then the person who reviewed LenStar
would notify you that an assignment needed to be

created, correct?
14
A.
They would not notify me.
15
16
Q.
Okay.
Who would they notify that an
assignment needed to be created?
17
18
19 20 21
A.
That person, that processor, would put a
request in the Dok Trak system requesting the

assignment that the attorney was requesting. Q. A. Okay. And then?
And then the report would be read the next
22 23
morning, and it would pull in all of the assignments that were requested the previous day.
24
Q.
Okay.
So now you've got a list of
\r
25
assignments that need to be made, and you said you


31
\&^^-
had approximately how many
let me turn back here.
2
3
You had approximately nine people working

in that department at the time?
4
5 five.
A.
No.
2008 I had approximately four or
Q.
Okay.
So you would have a list of
7
8
assignments that needed to be made on any given day.

How did you divide up who did what?
9
10
A.
We would take that list, and we would just
divide it up.
11
12
\^^
13
Q.
And when you divided it up, did you
include yourself in that?

A. No.
14
15
16
Q.
Okay.
So once the list was divided up,
what was the next step?

A. That the processors would enter the
17
18
19
information into Rekon and complete the assignments.

Q. Okay. What I'm familiar with, and correct
is what's
me if you don't understand this term,
20 21 22 23
24
called a merge file where information is merged into a format and put into a computer database. similar to what you're talking about? MR.
You can answer.
Is that
ELLISON:
Object to the form.
25
THE WITNESS:
No.

32
1 2 3 4 5 6 7
BY MS.
LUNDERGAN:
Q.
So when you say
explain to me how the
information would be entered to create the
assignment.
A.
They would take each loan number, enter
that loan number, and then a screen would come up,

and it would have blanks in it.
8
9
They'd have to fill in the county.

have to correct the borrower's name if it was
They'd
10 11 12
Njjl^
incorrect.
They'd have to check the recording
information, the amount of the mortgage, all the

pertinent information that's on the assignment.
Q. So they would sit in front of the screen
13
14
on the Dok Trak system?

MR.
can answer.
15
16 17
ELLISON:
Object to form.
You
THE WITNESS:
I don't know which, but
18 19
the Dok Trak system is not the assignment system.

That's just where the assignments are requested at.
BY MS. LUNDERGAN:
20
21 22
Q.
What is the system that creates the
assignments?
A. Rekon.
23
24
Q.
Okay.
So they would sit in front of the
25
computer screen on the Rekon system, correct?

33
\i^
A.
Correct.
2
3
4
Q.
borrower,
A.
And they would enter the name of the

correct?
Correct.
5
6
Q.
A.
And the address, correct?

Correct.
7
8
Q.
A.
And the amount of the loan, correct?

Correct.
9 10
11
Q.
And they would get that information from and state
the other system that you identified

that again.
12
%^^
A.
Q.
It was the Imaging system.

Okay. So they would get that information
correct?
13
14
15
from the Imaging system,

A. Correct.
16
17
18
Q.
Okay.
And on the Imaging system would be
the mortgage,
A. Yes.
correct?
19
20
Q.
A.
Any deeds, correct?

Yes.
21
22 23
Q.
correct? A.
And any previous assignments of mortgage,
Correct.
24 \j^r
25
Q.
And was that all that they would look at
to create the assignments of mortgage?

34
\^
A.
Yes.
2
3
Q.
Okay.
In addition to the request from the
attorney, correct?
4
5 You can answer.
MR.
ELLISON:
Object to the form.
6
7
8
9
THE WITNESS:
They wouldn't
they
wouldn't be looking at the request from the

attorney.
BY MS. LUNDERGAN:
10 11
12
13
Q.
They would be looking at what the person
had entered into the system based on the request

from the attorney?
A. Yes.
14
15 16
17
Q.
Okay.
So once they put all this
information into the system, then do they print the assignment of mortgage?
A. Yes.
18
19
Q.
A.
Does anybody review what they've entered?

Not each one, no.
20
21
22
23
Q.
Okay.
So they print these assignments of
mortgage, and then where do they go?

MR. ELLISON:
You can answer.
Object to the form.
24
THE WITNESS:
They would be put in a
25
stack or together, however you want to say it.

And

35
\fe^
1
2
3
then they would be given to the people who were

executing that particular day.
BY MS. LUNDERGAN:
Q.
Okay.
And the people who were executing,
5
6
7
is that different than the people who were entering

the information to create the assignment?
A. Yes.
8
9
Q.
Okay.
And what was the name of the group

Let me back up.
of people
I'm sorry.
10
11
12
The group of people who were executing as

far as entering the information, did that group have
a name?
V-SP'
13
14 You can answer.
MR.
ELLISON:
Object to the form.
15
THE WITNESS:
The people that
Ifm
16
17
sorry.
BY MS.
You got me confused.

LUNDERGAN:
18
19
Q.
The people who are entering the

I'm sorry. I'm
information into the LenStar
20
21
22
getting all your systems confused here.

The people who were entering the
information into the form to create the assignment,
23
did those group of people have a name?
24
A.
They were the assignment prep department.
25
Q.
The assignment prep department.

And how

36
many people were in the assignment prep department?

A. Four or five at that time.
2 3 4 5
Q.
And then you moved it to another group of

And what was the
people to execute the assignments. name of that group? A. It wasn't a group.
6
7
It was just whoever
the signer was that particular day.

Q. Okay. And how did you determine who the
9 10
11
signer was on any particular day?

MR.
You can answer.
ELLISON:
Object to the form.
12 13
14
THE WITNESS:
At that time they had
one signer each week and one set of people for witnesses each week and one notary for each week.
BY MS. LUNDERGAN:
15 16
17
Q.
A.
Okay.
Yes.
So it rotated on a weekly basis?
18 19 20 21
was?
Q.
And who made the decision of whose week it
A.
don * t
know.
Q.
A.
But that wasn' t your responsibility?

No.
22
23
24
Q.
A.
Would this have come from your supervisor?

More than likely.
25
Q.
Okay.
So a stack of assignments comes to

37
the person whose week it is?

A. Correct.
2 3
4
Q.
And in 2008 how many different people were
signing assignments of mortgages?

A.
don't know.
6
7
Q.
Okay.
How about now?
How many people are
signing assignments of mortgages in that department?

A.
8
9
don't know.
Q.
mortgage?
A.
Do you s t i l l execute assignments of
10
11
12
No.
Q.
mortgage?
A.
When did you stop executing assignments of
13 14 15 16
17
Sometime
in 2009.
Q.
And why did you stop executing assignments
of mortgage?
A.
for MERS.
Because there was a change in the policy
18
19
20 21 22
Q.
And what was the change in policy in MERS?
A.
That if a person was not an officer of the
company, they could not be an officer of MERS.

Q.
A.
And that was in 2009?

Yes.
23
24 25
Q.
A.
And how were you notified of that change?

I don't remember.

38
Q.
Okay.
Okay.
So we had a stack of
2
3
4
assignments that were given to the person who would

be executing that week, correct?
A. Correct.
5
6
7
Q.
Geographically, where was the person that
was signing the assignments in conjunction with the

person who had entered the information?
8
9 You can answer.
MR. ELLISON:
Object to the form.
10
11
12
THE WITNESS:
It would depend.
We
were all in the same building.

BY MS. LUNDERGAN:
13
14
Q.
A.
Okay.
Yes.
Were you on the same floor?
15
16 17 18
19
Q.
Okay.
So the people who were entering the
information to create the assignments were on the same floor as the people who were signing the assignments?
A. Yes.
20
21
22
Q.
Okay.
Would there only be one person
signing per week?

A. Yes.
23
24
^w
Q.
week
Okay.
And then you, when it was your
I'm going to back up.
25
Were you someone who would be signing


39
assignments back in 2008?

A. Yes.
3
4
Q.
But you were
correct me if I'm wrong
you were not someone who was entering the
5 6
7
information into the assignments?

A. Right.
Q.
Okay.
But you would sit down with a stack
8
9
of assignments.
And how long would it take you to
sign each assignment?

A. 15, 20 seconds.
10 11 12 13 14
Q. execute?
A.
So it would take you 15 to 20 seconds to When I say execute,

Correct.
sign each assignment?
Q.
And you said you would only look to see if
15
16
the name was correct when you were signing those,

correct?
17 18 19 20
21
You can answer.
MR.
ELLISON:
Object to the form.
THE WITNESS:
that.
BY MS. LUNDERGAN:
No,
I did not look at
22 23
24
Q.
15 to 20
Okay.
What would you look at in your
seconds?
MR.
You can answer.
ELLISON:
Object to the form.
25

40
1 2 3
4
name.
THE WITNESS:
I would just sign my
BY MS.
LUNDERGAN:
Q.
So you would sit, go through each one,
and
5 6 7
you would just sign your name, correct?

A. Correct.
Q.
And you wouldn't
did you check to
8 9
10 11 12
verify whether any of the information was correct?

A. No.
Q.
Okay.
Did you ever find any errors when
you were signing these assignments?

A. No.
\a^
13 14 15 16
17
Q.
Okay.
I'm looking at now what' s been
previously marked at Defense Exhibit A.

have a chance to receive those exhibits?
Did you
MR.
ELLISON:
Amanda,
I got an email.
All I have is my cell phone, and downloading

documents is not an easy way of doing things in
terms of these cell phones, things that are more
than one megabyte.
18 19
20
21 22 23 24
MS.
LUNDERGAN:
Do you have access to
print those off somewhere?

MR.
see.
ELLISON:
I don't know, but I'll
25
MS. LUNDERGAN:
Do you want to take a

41
V^
1
2
quick break to see if you can?

MR. ELLISON: Sure.
3
4
(Discussion had off the record.)

(Exhibit A marked for
5
6 BY MS. LUNDERGAN:
identification.)
7
8 9
Q.
Before we get into the assignment, Joann,
I want to go back to something you had said, which was the attorneys are the ones that requested the
10
11
12
assignments to be made.
When you said attorneys,
did you mean in-house attorneys for Aurora?

A. No.
13
14
15
Q.
You meant the attorneys who were
representing the Aurora Bank in the foreclosures?

A. Yes.
16 17 18
19 You
Q.
Okay.
Did anyone else ever request
assignments to be made? MR.

can answer.
ELLISON:
Object to the form.
20
21 BY MS.
THE WITNESS:
LUNDERGAN:
Yes.
22
Q.
And who else would that be?
23
24 You can answer.
MR. ELLISON:
Object to the form.
Nifer'
25
THE WITNESS:
That would have been,

42
l 2
like, if we got a loan in and the assignments needed

to be completed and recorded into MERS.
BY MS. LUNDERGAN:
3
4
Q. A.
And who would have requested that? That would have been through another
6
7
department.
Q.
A.
But it came from Aurora?

Yes.
8
9
Q.
So someone internally at Aurora would
10
11 12
request an assignment to be drafted?

A. Yes.
Q.
MERS?
A.
An assignment from the original lender to
13
14
Yes.
15 16
17
Q.
Okay.
Were there any other cases where
assignments were requested by Aurora? MR.

You can answer.
ELLISON:
Object to the form.
18
19
BY MS.
LUNDERGAN:
20 21 22 23 24
25
Q.
clear.
Let me rephrase that so we can get it
Did Aurora ever request assignments other
than those from original lenders to MERS to be

drafted?
MR. ELLISON:
Object to the form.

43
l 2
You
can
answer.
THE
WITNESS:
Yes.
3
4 5 6 7
BY MS.
LUNDERGAN:
Q.
A.
And what kind of cases would that be?

That would have been if we transferred
loans to another company who was not a MERS member,

then we would
MERS'
we would do an assignment out of
8
9
name to the new servicer.
Q.
Okay.
Did MERS ever request assignments
10
11 12
to be drafted?
A. No.
Q.
Okay.
So besides assignments being
13
14
requested by foreclosure counsel or Aurora, was there anyone else that would request an assignment
to be created?
15 16
17 18 19
A.
If a loan was serviced
released by
another company and we didn't do the assignment and

didn't get it done, they would request one.
Q. Was there any difference in the execution
20
21
22
of those being requested by MERS and those you have a different procedure for executing
did
assignments when they were requested by foreclosure

counsel versus being requested by anyone else?
A. No.
23 24
'%te^
25
Q.
I t was the same process no matter who

44
1 2 3
4
requested it?
A. Yes.
Q.
Okay.
So when it was requested, perhaps,
by a separate bank, they would be able to input that
information into the same system that the attorney

had inputted it?
A. No.
6
7 8
Q.
Okay.
So how would they get that
information to you?
10
11 12
A.
They would either fax us a request or
email a request.
Q.
And then it would go into the
where
13
14
would it go from there?
A.
It would go to one of the processors, and
15 16
17
they would request the assignment.

Q. So would Aurora keep records of who
requested the assignments to be made?

A. No.
18
19 20
21
Q.
So once the assignment is created,
there
is no record of who requested it?

A.
it to.
No, but we knew who we were going to send
22 23
24
Q. look at
Okay.
So if we were to, for instance,
and I'm going to reference now what's
25
been marked as
it's going to be marked as

45
1
2
Exhibit A, which is the Corporate Assignment of

Mortgage for this case.
If you have a chance to look at this, is
4
5
6
there any way to tell from this assignment who

requested it to be created?
A. No.
Q.
Okay.
And there would be
and there's
8
9
10
no record that automatically tells us who requested

this assignment?
A. I don't know.
11
Q.
Okay.
If I wanted to find out who
12
13
requested this assignment, where would I look?

A. I don't know.
14
15
Q.
continue.
Okay.
Just one question before we
16
17
18
Did Mr. Ellison discuss your deposition

with you on this break?
A. No.
19
20
Q.
Okay.
Okay.
So we'll proceed on.

So we have assignments of mortgage
21
requested by foreclosure counsel, by Aurora, or by a
22
23
separate bank that you were transferring a loan to,

correct?
24
A.
Correct.
>W
25
Q.
And are those the only three that could


46
\^
1 2 3 4
5
have requested assignments of mortgage?

A. I don't know.
Q.
Okay.
I want to go back a little bit to
the person who was inputting the information into
the form to create the assignment.
When they were
6
7
inputting that information, did they verify whether

or not the information was correct?
A. Yes.
8 9
Q.
Okay.
And what
for instance, let's
10
11 12
take a look at Exhibit A and go over where the

information came from.
So, for instance, on the assignment that

is marked Exhibit A and correct me if I'm
\j^
13
14 15
wrong
the information that would have come from
the person requesting the assignment to be drafted,

that would have been the assignor; is that correct?
MR. ELLISON: Object to form.
Yes.
16
17 18
THE WITNESS: BY MS. LUNDERGAN:
19
20 21 22
Q.
So the assignor came from the person
requesting the assignment to be made, correct?

A. Correct.
23
24 25
Q.
Okay.
And the information recording the
assignee came from the person requesting the

assignment to be made, correct?

47
\^
l 2 3
4 5
A.
Correct.
Q.
Okay.
And the person who entered this
information into the form, did they verify whether

or not that was
A. I
correct?
don't know.
6
7 8 9
Q.
Okay.
Is there any other information on
this particular assignment that would have been
given by the person requesting the assignment to be

made?
10
11 You can answer.
MR.
ELLISON:
Object to the form.
12 13 14
BY MS.
THE WITNESS:
LUNDERGAN:
Not that I'm aware of.
Q.
Okay.
So besides the assignor and the
15 16
17
assignee, all of the other information was inputted

by the person creating the form, correct?
MR.
You can answer.
ELLISON:
Object to the form.
18 19
20
21
THE WITNESS:
Besides
the information
pulled from our system, yes.

BY MS. LUNDERGAN:
22
Q.
Okay.
So I'm trying to understand.
The
23
24 25
person who created the assignment would have taken

the name of the assignor and the assignee, for
instance, from the attorney?
>w

48
MR.
You can answer.
ELLISON:
Object to the form.
2
3 4
THE WITNESS:
Okay.
The person who
prepares the assignment, yes, they would have got
5 6 7
that from
BY MS.
it would have pulled into our system.
LUNDERGAN:
Q.
Okay.
And do you know whether or not they
8 9 10
would have verified that information?

A. I do not know.
Q.
A.
Okay.
I
Who would know that?
11 12 13
14 15
dont know.
Q.
Okay.
Were you in charge of the
department who entered the information?

A. Yes.
Q.
Was there a policy as to whether they were
16
17
supposed to verify the assignor and assignee?

A. Not that I'm aware of.
18 19 20
21
Q.
Okay.
So the person who entered the
information
going through this assignment that's
in front of you, what parts of this would they have

entered into the form? All of it?
22 23 24 25
You can answer.
MR.
ELLISON:
Object to the form.
THE WITNESS:
Not all of it,
no.
\s^

49
BY MS.
LUNDERGAN:
2
3
Q.
Okay.
Can you tell me which parts that
they would have entered?
4
5
A.
They would have entered the county name;
they would have entered the seller servicer number;
they would have entered the old servicing number;
they would have entered the MERS number; they would
8 9
10
have entered the assignor, the assignee; they would have checked the borrower's information; they would
have entered the original lenders; and they would
11 12
13
14
have checked the recording information; and they would have checked the property address; and they
would have entered the legal description
Q. Okay.
15
16
17
18
A.
Q.
and the mortgage amount.

Now, you are the one that executed
Okay.
this assignment, correct?

A. Correct.
19
20
Q.
A.
That is your signature?

Yes.
21
22
23
24
Q.
Okay.
Did the person that entered the
information on the form put your name below the

line?
A. No.
^fa^,-
25
Q.
When did that get entered? Thomas & Thomas Court Reporters

50
A.
There is a signature that
in the Rekon
2
3 4
system
Q.
that was changed weekly.

Okay. So if it was your week to execute
assignments, when that person entered the
5
6
7
information, your name would have automatically been

put on it?
A. Yes.
8 9
10
Q.
Okay.
The information that you just
listed, what step, if any, did the person take to

verify that information?
11 12
13
A.
They're looking at the recorded image of
mortgage when they're inputting or checking this

information.
14
15
Q.
documents ?
Would they have looked at any other
16
A.
No.
17 18
19
20
Q.
Okay.
So when the person created this
assignment of mortgage, the only thing that they

would have looked at is the mortgage itself?
A. Yes.
21
Q.
Okay.
Joann, back in 2008 when you were
22 23
24
\sr
executing these assignments of mortgage, how many notaries did you have as part of that department?
A. I don't know.
25
Q.
Did you have
did you have just one

51
1
2
notary, or did you have a group of notaries?

A. I really don't know.
3
4
5
Q.
Okay.
How about now?
How many notaries
do you have working in the department that execute

assignments of mortgage?
6
7
A.
notaries.
In my department I do not have any
8 9
10
Q.
Okay.
Are you still in the department
that executes assignments of mortgage?

A. Do what? I'm sorry.
11
12
13
14
Q.
Are you still in charge of the department
that executes assignments of mortgage?

A.
executes.
I'm not in charge of the department that
15
16
17
Q.
Okay.
What exactly does your current
department do?
A. We audit collateral files.
18
19
20 21
Q.
Okay.
Back in 2008 when you were
executing these assignments, were you also a notary

at the time? A. Yes.
22
23
Q.
A.
Are you currently a notary?

No.
24
\^
Q.
A.
When did you stop being a notary?

I don't know. About four or five months
25

52
1 2 3 4 5
ago.
Q.
And why did you stop being a notary?

MR. ELLISON: Again, we're back to an
area where we're barred from anything going on.

hasn't notarized anything in this case, and what
She
6
7 8 9
does it matter why or when, or anything else, she

stopped notarizing.
MS.
LUNDERGAN:
You can state your
objection to relevance if you want, but

MR. ELLISON: I'm thinking of just
10 11
12
moving for a protective order on this issue because,
again, we're going outside the scope of anything

that could possibly relate to this case.
13
14
And a lot of times we have problems with

these things, and I want before I start down that
15 16
17
path, I want to understand, is there something that

she's notarized in this case at all?
18 19
20 21
MS.
LUNDERGAN:
Well,
Steve,
she was
the head of the department that notarized these documents, so her knowledge of the process is going
to be relevant.
22 23
24 25
MR.
ELLISON:
First of all,
this
assignment was notarized by Darline Dietz.

to ask about Darline Dietz, fine.
You want
She didn't
sign
you're asking her questions about her and


53
1
2
her notarization, but she didn't notarize anything

in this case.
3
4
MS. LUNDERGAN:
of the department that did.
But she was in charge
MR. ELLISON:
All right.
So ask her
6
7
about the department, as you have.

to the best of her ability.
She' s responded
MS. LUNDERGAN:
Please just state
your relevancy objection and move us along with the
10
11
12
deposition.
objection.
record.
Please just state your relevancy

I don't want to argue with you on the
13
14
15
16
17
MR. ELLISON:
objection.
It's not a relevancy
I'm telling you that I'm moving for a
protective order on these particular questions

relating to her notarization and her status of the
notary and the like.
18
19 fine.
So if you want to move onto another area,

If you want to just have me terminate it
20
21
right now, that's fine, or we can save it until the

end.
22 23
MS.
LUNDERGAN:
Okay.
Can we read
back the last question.
24
N^^-
(The requested portion of the
25
transcript was read back by the

54
1 2
court reporter.)
MS.
response to that?
LUNDERGAN:
And did we get a
3
4 5 6 7 8 9
COURT REPORTER: MR. ELLISON:
No,
we did not.
No, because that's
where I'm going to move for a protective order.

BY MS. LUNDERGAN:
Q.
Okay.
In your department back in 2008
when you were executing assignments of mortgages,

were the notaries doing any other jobs besides
notarizing?
A. Yes.
10
11
12 13
14
Q.
A.
Q.
And what other jobs would they do?

They would also process assignments.
And what do you mean by that?
15 16
17
A.
Q.
They would create the assignments.

Okay. So someone who notarized one
18 19
document might sign another?

MR.
You can answer.
ELLISON:
Object to the form.
20
21 22 23 24
THE WITNESS:
BY MS. LUNDERGAN:
Repeat the question.
Q.
I'm trying to understand what you're
saying.
So someone who was a notary in that
^^
25
department might also be somebody who signs as a


55
1 2 3 4 5 6 7
witness.
Is that what you're saying? MR. ELLISON: Object to the form.
You
can
answer. THE WITNESS: Yes.
BY MS.
LUNDERGAN:
Q.
Okay.
Did everyone who was in that
department hold multiple jobs as far as did everyone

who witnessed also notarize?
A. Not on the same document.
8 9 10
11
Q.
A.
But they would change roles, correct?

Yes.
12
Q.
Okay.
When you were in that department in
13
14
2008, were you in charge of the notaries?

A. No.
15
Q.
Who was in charge of the notaries?
16
17
MR. ELLISON:
You can answer the question.
Object to the form.
18
19
THE WITNESS:
I guess I don't know
what you mean by in charge of the notaries.

BY MS. LUNDERGAN:
20 21
22 23 24
Q.
Well, you
you stated that you were the
person in charge of the assignment prep department,

correct?
A.
Correct.
25
Q.
And the notaries were part of the

56
assignment prep department, correct?
2
3
4
A.
Q.
There may have been one or two, yeah.

Okay. And so you supervised the one or
correct?
two notaries that were in the department,
5
6
A.
Right, but that was just one of their
other duties.
Q.
Okay.
A.
That wasn' t the only thing they did.
9 10
11
12
Q.
Okay.
But in your duty as a notary in the
assignment prep department, you supervised them in

that role?
A. Yes.
13
14
15
16
Q.
Okay.
And in addition to notarizing, the

correct, but not
notaries would also be witnesses,

on the
A.
same document?
Yes.
17
18
19
Q.
Okay.
Would the
would the two people
who were notaries also sign the assignments of

mortgage?
20
A.
What do you mean?
21
22
Q.
You say that there were
let me clarify.
In the assignment prep department, there
23
24
25
was one person who signed the assignment, correct?

A. There was an officer that signed the
assignment.

57
1
2
Q.
correct?
Okay.
And then there were two witnesses,
3
4
A.
They didn't necessarily have to be in that
department.
Q.
So there were people who signed
6
7
8
assignments of mortgage who were not part of that

department?
A. Yes.
9
10
11
Q.
And how did you determine who was able to
sign assignments of mortgage?

A. I did not determine that.
12
13
Q.
A.
Okay.
I
Who did?
don't know.
14
15
16
Q.
Would it have been the person who
supervised you?
A. I don't know. Could have been.
17 18 19
20
Q.
Okay.
Was there
were there any
notaries who also were the people who signed assignments of mortgage?
A. I don't know.
21
22
23
Q.
Okay.
But you did state that notaries
sometimes witnessed assignments of mortgage,

correct?
24
A.
Correct.
^^
25
Q.
Okay.
At Aurora, typically what level of

58
employees are notaries?

A. I don't know.
2 3
4
Q.
Okay.
Does Aurora require certain people
to be notaries?
A. I don't know.
5 6 7 8
Q.
Does Aurora pay for the notaries to get
their notary license?

A. I don't know.
9
10
11
Q.
license?
A.
Did Aurora pay for you to get your notary
Yes.
12 13
14
Q.
Okay.
In your position as a notary, if
you ever felt that you were notarizing something
improperly, was there a process for you to report

that?
15 16 17
MR.
ELLISON:
Okay.
Here we go
again.
I'm trying to give you leeway here, but I' m
18
19
20
going to move for a protective order on that as

well. This has nothing to do with the document
itself, and you are just fishing.
21 22
So I'm going to move for a protective
order on this line of questioning as well.
If you
23
24
25
want to move onto something else, great, if not, we

will end it now.
MS.
LUNDERGAN:
Well,
if she was part

59
\%^,
1
2 3
of the notary process at Aurora, I have a right to

ask about the policies of notarizing documents. MR. ELLISON: You know, I'm still
4
5 6
sticking to my particular position on this thing.

She did not notarize anything in this case, unless there' s a document you can show me that she
notarized.
And so we're here on this case, not on
8
9
some other case, and so I want to focus on something

that might actually relate to this case.
10
11
MS. LUNDERGAN:
Okay.
Well, what I'm
going to do is state for the record that I have not
12
13
been able to ask all my questions regarding the

notary process.
14 15
16 17
18 19
20
So we' 11 move onto other sections, and I guess if you want to file a protective order as to
those areas, I will be requesting another deposition to continue that area of questioning.
MR. ELLISON: You can do what you
feel is appropriate, and I'll do the same.

BY MS. LUNDERGAN:
21
Q.
Okay.
Joann,
I want you to describe to
22
me,
in 2008 when all of these documents were being
23 24
25
executed, was the process that it first went to the person to sign the assignment, correct?

60
1
2
You
can
answer. THE WITNESS: Yes.
3 4
5
BY MS.
LUNDERGAN:
Q.
to sign,
And then it would go to the two witnesses

correct?
6
7 8
A.
If there were witnesses to sign, yes.
Q.
Okay.
So it would go from the person to
sign to the two witnesses, and then it would go to

the notary to notarize, correct? MR.
You can answer. THE WITNESS:
BY MS. LUNDERGAN:
9 10 11
12 13 14
ELLISON:
Object to the form.
Correct.
Q.
correct?
Okay.
So it was a three-step process,
15 16
17
18
MR.
You can answer.
ELLISON:
Object to the form.
THE WITNESS:
I wouldn't say it was a
19
three-step form,
BY MS. LUNDERGAN:
no.
20 21
22
Q.
Okay.
So explain to me, then, how it
would move between those three people.
23
A.
area.
You were either all together or in a close
24 25
Q.
Okay.
When you say a close area, was it

61
one big open room?
2 3 4 5 6 7 8 9 10 11 12 13
A. Q.
In answer to your question, yes. So it was one big open room, and the
person would sign the assignment and then

rephrase.
let me
Would you sign all of the assignments that were in front of you before you would move them on
to the next person?
A. I don't remember.
Q.
Okay.
Would
would you sign one
assignment and then transfer it to the next person

and then sign another assignment?
A. I don't remember.
14
Q.
Okay.
So you don't remember whether you
15
16
17 18
walked to the next person with a stack of

assignments?
A. No.
Q.
correct?
Okay.
So you were all in the same room,
19 20
21 22 23
A. Q.
A.
know.
Not necessarily, no. What else would have happened?

We could have I don't know. I don't
24
25
Q.
A.
You don't remember where you were sitting?

No, not 2008.

62
1 2 3
Q.
Okay.
And you don' t remember if you were
in the same room?

A. No.
4 5 6
7
Q.
Okay.
When you signed the assignments of
mortgage, was the witness standing in front of you?

A. I don't know.
Q.
Okay.
When you signed the assignment of
8 9 10 11
mortgage, was the notary standing in front of you?

A. I don't know.
Q.
Okay.
How about now?
When those
documents are
when assignments are executed,
12
13 14 15
16 17
what's the process for that?
A.
room.
The process is everyone is in the same
Q.
Okay.
And does the notary stand over the
person executing the assignment of mortgage?

A. Yes.
18
Q.
Okay.
And does the person take an oath
19 20 21 22 23
24
every time they sign an assignment of mortgage?

A. I don't know.
Q.
Back in 2008 did you take an oath when you
signed the assignments of mortgage?
A.
When I signed the assignments?
Q.
Yes.
Did you take any oath when you were
\s*
25
signing the assignments of mortgage?


63
1 2
A.
No.
Q.
A.
I'm sorry.
That was a
Was that a
no.
no?
3 4 5 6 7 8
Q.
So the notary didn't have you take any
oath when you signed them?

A. No.
Q.
Okay.
Isn't it true that back in 2008,
the notary, Darline Dietz, sat a couple desks away

from you?
A. Yes.
9 10
11 12 13
Q.
Okay.
And isn't it true that from where
Darline Dietz sat,
she couldn't see each document
that you were signing, correct?

MR.
You can answer.
THE WITNESS: BY MS. LUNDERGAN: Yes.
14
15
ELLISON:
Object to the form.
16
17
18 19
Q.
Could Darline see you sign each individual

she sat?
document from where
20 21
22 23
BY MS.
You can answer.
MR.
ELLISON:
Object to the form.
No.
24
25
Q.
Okay.
Could the witness, then, see you
sign each individual document from where they sat?


64
1
2 You can answer.
MR.
ELLISON:
Object to the form.
3
4 BY MS.
THE WITNESS:
LUNDERGAN:
No.
5
6
7
Q.
from 7:00
Isn't it true that in 2008 Darline worked

to 4:00?
don't know.
A.I
Q.
Okay.
Is it
is it true that at some
9
10
11
point Darline would leave at 4:00 and you would

continue executing assignments of mortgage?
A. I don't know.
12
Q.
Okay.
Was there ever a time when Darline
13
14
15
would leave and you would continue executing

assignments of mortgage?
A. I can't remember.
16
Q.
Okay.
And isn't it true that Darline
17 18
19
would come in the next morning and notarize the documents that you had signed the night before?
A. I don't know.
20
21
Q.
Would it surprise you to know that Darline
stated that she worked from 7:00 to 4:00 and that
22
23
24
she would go home at night and you would continue

executing assignments after she left?
MR. ELLISON:
You can answer.
Object to the form.
^^
25

65
1
2 BY MS.
THE WITNESS:
LUNDERGAN:
Would it surprise me?
3
4
Q.
Yes.
A . I don't know.
5
6
7
8
Q.
Was it
was there ever a time where you
would execute assignments of mortgage after the

notary had left?
A . I don' t know.
9
10
11
12
%,
Q.
Did Aurora have a policy as to whether you
were allowed to execute assignments of mortgage

after the notary left?
A. Not that I'm aware of.
13
14
15
Q.
But you never took an oath before you
signed the assignments of mortgage?

A. No.
16
17 18
19
20 21
Q.
Did you have personal knowledge of the
contents of the assignments of mortgage? MR. ELLISON:

You can answer.
THE WITNESS: BY MS. LUNDERGAN: No.
Object to the form.
22 23
24
25
Q.
The assignment of mortgage that's been
marked as Exhibit A, did you have personal knowledge

of the information in that assignment of mortgage?
A. No.

66
1 2 3 4 5
Q.
Did you have personal knowledge of the
alleged transfer between Mortgage Electronic

Registration Systems, Inc., and Aurora Loan
Services?
A. No.
6
7
Q.
Do you know whether $10 was given in
consideration?
A. No.
8 9
Q.
A.
Okay.
No.
Are you an officer of MERS?
10
11 12 13 14
Q.
A.
You're not an officer of MERS?

No.
Q.
So when you executed the assignment of
mortgage that's so marked as Exhibit A, were you

signing it as vice-president of MERS?
A. Yes.
15
16
17
Q.
Okay.
When did you stop being a
18 19 20 21 22
23 24
vice-president of MERS?
A. Sometime in 2009.
Q.
Okay.
Was it your understanding that when
you were executing the assignment of mortgage, you were executing it on behalf of MERS?
A. Yes.
Q.
A.
So you were working for MERS at the time?

No.
25

67
l 2
Q.
Okay.
What was your understanding of who
you were working for when you executed the

assignment?
A. Aurora Loan Services.
3 4 5 6 7
Q.
Okay.
And you were at the time
vice-president of MERS?
A. Yes.
8 9 10
11
Q.
of MERS?
And why were you asked to be an officer
A.
don' t
know.
Q.
of MERS?
Did Aurora ask you to be an officer
12
13
14
A.
Yeah, yes.
Q.
Okay.
Did you go through any training to
15 16
17
be an officer of MERS?
A. No.
Q.
A.
Were you paid by MERS?

No.
18
19
Q.
Did you have any responsibilities as an
20
21
officer of MERS besides executing assignments of

mortgage?
A. No.
22 23
Q.
A.
Did you attend any board meetings at MERS?

No.
24
25
Q.
Do you know where MERS1 headquarters is


68
1 2
located?
A.
No.
3
4
Q.
A.
Do you know how many officers MERS has?

No.
5 6
7
Q.
A.
Do you know how many employees they have?

No.
Q.
A.
Do you report to anyone at MERS?

No.
8 9
10 11
Q.
at MERS? A.
Are you involved in any decision-making
No.
12
Nig^r"
Q.
to you?
A.
Do you have any MERS employees that report
13
14
No.
15 16
17
Q.
Do you know why MERS appointed you a
vice-president instead of just appointing you an

authorized agent?
A. No.
18 19 20 21 22 23 24
25
Q.
Do you know why MERS gave you the title of
vice-president?
A. No.
Q.
So would it be correct for me to say that
you're not really an officer in the typical sense of

the word?
MR. ELLISON:
Object to the form.

69
You
can
answer.
2
3 BY MS.
THE WITNESS:
LUNDERGAN
Yes.
4
5
6
Q.
And do you have signing authority on
behalf of anyone other that Aurora and MERS?

A. No.
7 8 9
10
Q.
Okay.
The two witnesses that signed this
assignment of mortgage, Janie Flores and Deborah Backus, are you familiar with them?
A. Yes.
11
12 13 14 15
Q.
And at the time they signed this
assignment, what department were they working in? A. Janie Flores was in the assignment prep Deborah Backus was in the release
department. department.
16
17
Q.
A.
Okay.
And did they report to you?
Janie Flores did.
18
19
Q.
A.
Okay.
But Deborah Backus did not?
Correct.
20
21
Q.
A.
And what were their titles at the time?

They had no titles.
22
23
Q.
Okay.
What would you have called them?
What was their position?
24
\^
A.
Janie was an assignment processor, and

release processor.
25
Deborah was a

70
l 2
Q.
Okay.
And do they still currently work
for Aurora?
A. Yes.
3 4 5 6
7
Q.
A.
Are you familiar with MERS records?

No.
Q.
A.
Do you have access to MERS records?

Yes.
8 9 10
Q.
A.
Have you ever accessed the MERS records?

Yes.
Q.
A.
Do you still have access to MERS records?

Yes.
11 12
Q.
A.
Even though you're not an officer anymore?

I work on their website.
13
14
Q.
Okay.
When you were executing assignments
15 16
17
of mortgage, did you keep a log of the documents

that you signed?
A. No.
18
Q.
Did anyone in your department keep a log
19 20
21 22
of the documents they signed?
A.
I can't testify for anybody else.
Q.
Were you aware of if anyone kept a log of
documents they signed?

A. No.
23
24
Q.
Okay.
Let's look at the Assignment of
25
Mortgage again.

71
Where it says, Assignor: Electronic Systems, Inc.,
Mortgage
and then it gives an
3
4
address,
A.
do you know if that address is correct?

It was at that time.
5
6 7
Q.
A. system.
And how would you have verified that?

Because that's the way it was in our
8
9
10
Q.
And who would have put that information
into the system?

A. My manager.
11
12
Q.
Okay.
And where would he have gotten that
information from? A. I don't know.
13
14
15 that
Q.
Okay.
And what system would he have put

into?
information
16
A.
The Rekon system.
17
Q.
Okay.
And same thing with the Assignee,
18
19
20
it says, Aurora Loan Services at 2617 College Park.

Do you know if that information is correct?
A. That information is correct, yes.
21
22 23
Q.
Okay.
And same thing, who would have put
that information -- or how would you have verified that information or sorry, let me rephrase.
24
25
How would you have verified that

information?

72
1 2 3
4
A.
where I
That information
work.
just because that's
Q.
Okay.
And would that have been input into
the same system?

A. Yes.
6
7
Q.
A.
By the same person?

Yes.
8 9 loan?
Q.
Okay.
Do you know who currently owns this
10
11 12
\^^-
A.
No.
MS.
LUNDERGAN:
Can we
Steve,
can
we switch to Exhibit B,
Mortgage?
which on my documents is the
13 14
MR.
want her to
ELLISON:
Is there a page you
15
16
17
look at?
MS.
LUNDERGAN:
Just the first page.
MR.
ELLISON:
Okay.
Right there.
18 19
MS.
LUNDERGAN:
Okay.
For the court
reporter' s sake, this is what I previously marked as

Defendants1 Exhibit B. It's labeled the title, I
20
21
guess,
is Mortgage.
22
23
If you could just go ahead and mark that

with your exhibit sticker.
(Exhibit B marked for
identification.)
24 25

73
BY MS.
LUNDERGAN:
2
3 4
Q.
Okay.
According to this
are you
familiar with mortgages?

A. A little.
5 6 7 8
Q.
According to this mortgage, the lender is
First Magnus Financial Corporation; is that correct?

A. Yes.
Q.
A.
And MERS is the mortgagee, correct?

Yes.
9 10
11
Q.
Do you see in the paragraph that's
labeled C where it states, "MERS" is Mortgage

Electronic Registration Systems, Inc. MERS is a
12
13 14
15 16 17 18 19
separate corporation that is acting solely as a

nominee for Lender and Lender's successors and
assigns.
A.
Do you see that sentence?

Yes.
Q.
means?
Do you know what solely as a nominee
A.
No.
20
21
Q.
A.
Do you know who would know that?

No.
22
23
case?
Q.
Do you know who the plaintiff is in this
24 25
A.
No.
Q.
Okay.
Do you know whether Aurora owns

74
l 2
this
loan?
A.
No.
3 4 5 loan?
Q.
Do you know whether U.S.
Bank owns
this
A.
No.
6
7 8
MS.
LUNDERGAN:
Okay.
Steve,
I need
to get into the MERS documents, and you guys don' t
have them, so I'm not sure how this is logistically

going to work.
9 10 11
12
MR.
ELLISON:
I'm going to open them
up on my phone, and to the ability that she can read
this, she'll read it.

document.
So let me find the particular
13 14
All right.
I have it on my phone.
I'm
15
16 17
expanding it a little so that it can be read a

little bit better.
at?
Which page do you want to look
18 19
20
MS.
LUNDERGAN:
I have mine here,
and
if it's the same, the first page says, MIN Summary.

MR.
BY MS. LUNDERGAN:
ELLISON:
Yes.
21 22 23 24 25
Q.
of MERS
Joann, are you familiar with these types

records?
A.
familiar,
I've looked at them, but not real

no.

75
l 2
Q.
Okay.
Looking at the first page, can you
tell, according to this document, who owns this

loan?
A. No.
3
4
5 6 7
Q.
Looking at the line that says,

Do you see that line?
Investor, Bank of America.

A. Yes.
8
9 10
Q.
Do you know what the term investor means

records?
on the MERS
A.
That they're the investor.
11
12
Q.
this loan? A.
And would that be the person that owns
\^^-
13 14 15 16 17 18 19
You
don't know.
Q.
Okay.
If I told you that on the MERS
records investor also meant owner, that would mean

Bank of America was the owner, correct?
MR.
can answer. THE WITNESS:
BY MS. LUNDERGAN:
ELLISON:
Object to the form.
Yes.
20
21
Q.
Do you know why the assignment in this
22
case was executed through Aurora instead of

Bank of America?
A. No.
23 24
25
Q.
Who would know that information?

76
\^
1 2 3
4
A.
don't know.
Q.
Okay.
Did you ever consult MERS records
when you were executing assignments of mortgage?

A. No.
5 6 7
Q.
So you would not have verified who the
proper owner was?
MR.
You can answer.
ELLISON:
Object to the form.
8
9
THE WITNESS: BY MS. LUNDERGAN:
No.
10
11 12
Q.
Okay.
Did you ever execute an assignment
of mortgage where you found a mistake?

A. No.
13
14
Q. A.
If you I'm sorry. Repeat that question.
15 16
17 18
Q.
Did you ever come across an assignment of
mortgage that you were executing where there was a

mistake?
19
A.
No,
not that I'm aware of.
20
21
Q.
Okay.
If you had found a mistake, what
would you have done?
22 23
A.
I would not have signed.
Q. A.
was.
Okay.
Who would you have notified?
24
xl^25
That would depend upon what the mistake

77
1 2 3
4
Q.
Okay.
A.
If it was a clerical mistake,
I would have
went back to the processor.
Q.
When you executed the assignment of
5 6 7
mortgage in this case, was it your intent that
Aurora was to be transferred ownership of this loan?

A. I don't know.
8 9
10 11 12
Q.
Did you understand the impact of the
assignment you were signing?

A. No.
Q.
Okay.
On the MERS documents, do you know
what MIN Summary means?

A. No.
13
14 15
Q.
Turning to Page No.
I guess it's at the
bottom of that first page where it says, Milestones.

Do you see that?
A. Yes.
16
17
18
19
Q.
A.
Do you know what milestones means?

No.
20
21
Q.
Does anyone at Aurora have access to MERS
documents, or is it just a specific

rephrase.
or let me
22
23
How many people at Aurora have access to

MERS documents?
24
25
A.
have no idea.

78
\^
1
2
3
Q.
Is it your understanding that everybody

documents?
has access to MERS

A. No.
4
5
Q.
to MERS
Are only certain job titles given access

documents?
A . I don't know.
Q.
Who would know that?
8
9
A.
I guess the person that was over the MERS
department.
10
11
Q.
A.
Okay.
No.
Do you have any contact with MERS?
12
%E^
MS. LUNDERGAN:
Steve, I'm going to
13
14 15
16
17
take just a five-minute break, and then we're going

to wrap up because I don't have a whole lot more. MR. ELLISON: Okay. That's fine.
(Discussion had off the record.)

BY MS. LUNDERGAN:
18
Q.
Joann,
I want to go back to what we were
19
talking about earlier, which was Darline Dietz
20 21
22 23
leaving at 4:00.
Did the notary work a different
schedule than the people witnessing and executing

the assignments? A. I don't I don't recall.
24
\^,
Q.
Okay.
Did you make the schedule for the
25
people executing the assignments?


79
A.
No.
2
3
Q.
Who made that schedule?

don't know.
A.I
Q.
Okay.
If Darline Dietz stated that she
left at 4:00 and your department continued to
6
7
execute assignments after she left, would you call

her a liar?
8
9
10
11 BY MS.
MR. ELLISON:
Answer the question.
THE WITNESS:
LUNDERGAN:
Object to the form.
No.
12
N^^
Q.
Okay.
Was there ever a time that she
13
14
would leave at 4:00 and you would continue executing

documents ?
15
A.
don't recall.
16
Q.
Okay.
If she stated that she would come
17
in the next morning and notarize documents that had
18
19
20
been signed the night before, would you call that

statement truthful?
A. Yes.
21
22 23
24
Q.
Okay.
So there were times, then, when she

and
would come in the next morning and execute
notarize documents that were executed the night

before, correct?
25
A.
There could have been.
I don't know.

80
can't remember.
2
3
4
5
Q.
Okay.
Is it your understanding of the
Nebraska law that you have to take an oath before

you sign documents to be notarized?
A. No.
Q.
That's not the Nebraska law?
A . I don't know.
I'm not aware of one.
Q.
Okay.
Is it your understanding of
9
10
11
Nebraska law that you have to have a witness
you
have to have someone witness you signing assignments

of mortgage?
12
MR. ELLISON:
Just to be clear,
^w
13
14
you're asking her her understanding of the law?

MS. LUNDERGAN: Yes.
15
16
17 18 BY MS.
MR. ELLISON:
form. You can answer.
Okay.
Object to the
don't know the
law.
19
20
21
Q.
Okay.
Did you have to learn the laws when
you became a notary?

A. No.
22
23
Q.
Okay.
The
was there a policy in place
in 2008 with regards to how the documents were
24
25
supposed to be executed?
A. I don't know.

81
Q.
Okay.
Who would have known?
2 3
4
A.
Upper management.
Q.
Okay.
But did you train your employees in
your department as far as how to execute assignments

of mortgage?
A. No.
6
7
Q.
There was no training given?

8 9
You can answer. THE WITNESS:

BY MS. LUNDERGAN:
10
11
No.
12
13 14
15
Q.
Okay.
So there wasn't
is it correct
that there was no training given to the people

executing assignments of mortgage, correct?
MR.
You can answer. THE WITNESS: BY MS. LUNDERGAN: Yes.
ELLISON:
Object to the form.
16
17 18 19
Q. A.
Yes, Yes,
that was correct? that was correct.
20
21
Q.
correct?
And there were no policies in place,
22
23 24 %*
25
A.
Correct.
Q.
Was
in the department executing
assignments of mortgage, was there any access to the

82
1 2 3 4 5
rules regarding how documents should be notarized?

MR.
You can answer.
ELLISON:
Object to the form.
THE WITNESS:
don't know.
MS. LUNDERGAN:
Okay.
Steve, I want
6
7
to go back to the question that you have not

answered, and I guess this will conclude our
deposition.
8 9
MR.
ELLISON:
Okay.
So I can turn
10
11
off my email at this point that deals with this?

MS.
your email.
LUNDERGAN:
Yeah, you can close
12 13 14 15 16 17
MR. ELLISON:
appreciate that.
BY MS. LUNDERGAN:
Okay.
Thank you.
Q.
Joann
The question that is still pending is

is why you stopped being a notary.
MS. LUNDERGAN: Mr. Ellison, maybe I are you
18
19 20
should just state for the record,
instructing your witness not to answer that

question?
MR. ELLISON: You know as well as I
21
22
23
24
do that the rule is not done on instructing the

witness not to answer the question.
25
If that
if that is the question that's

83
on the table and you have no other questions, I'11
terminate the deposition and move for a protective

order.
3
4
MS. LUNDERGAN:
And what is your
grounds?
So you are not going to allow her to
6
7
answer that question on the record?
MR.
ELLISON:
I told you that it has
8 9 10
nothing to do with not allowing her to answer the

question.
MS. LUNDERGAN: Then I would like her
11
12
to answer the question before we leave. MR. MS. ELLISON: LUNDERGAN: I'm sorry? Then you'll allow her
13
14
to answer the question?

MR. ELLISON: No, because I'll
15
16 17 18
terminate the deposition before the question is

answered.
MS.
LUNDERGAN:
And what is your
19 20 21
22
grounds for terminating the deposition?

MR. ELLISON: As I expressed clearly,
the grounds are that this has nothing to do with
anything that is either relevant or will become

relevant or will lead to discovery of admissible
evidence in this particular case.
23
24 25
And that it's a fishing expedition, and


84
1 2
I'm not going to sit here and have this witness go
through your fishing expedition that can't possibly

lead to something that *s discoverable in this case
3
4
because she did not notarize any documents related

to this case. And if you have
MS.
objection
6
7
LUNDERGAN:
Is it your
8 9
MR. ELLISON:
that you would like
me to look at, perhaps I'll change my mind, but I'm

fairly certain that there is no document in this
case that she notarized.
10 11 12
>iis^
MS.
LUNDERGAN:
Okay.
So your
13
14
objection is to relevance? MR. ELLISON: My objection is that
15
this will not lead to discovering admissible evidence, and this is a fishing expedition on your
part
16
17
18 19
MS.
MR.
LUNDERGAN:
ELLISON:
Okay.
and so, therefore,
20 21
22
I'm going to terminate the deposition and move for a

protective order.
MS. LUNDERGAN: Okay. Before we
23
24 25
terminate, I have one other question, and you might

have the same argument.

85
BY MS.
LUNDERGAN:
2 3
Q.
Joann, have you ever been disciplined by
any notary board?
4
5
MR.
ELLISON:
That is something that
we are going to seek a protective order on, and we
6
7
are going to move for a protective order, and I will

terminate the deposition at this time.
8
9
10 11 12
13
MS.
the record,
LUNDERGAN:
Okay.
And just for
I have not finished my questions
regarding the issue of notary. And at this time, terminating the deposition?
MR. ELLISON: I didn't hear that
I guess, you are
14
part.
15
MS.
LUNDERGAN:
At this point I'm
16
17
just stating for the record that I did not finish my

area of inquiry into that topic.
18
So at this point you are terminating the
19
20
deposition based on the relevance of my questions,

correct?
21
MR. ELLISON:
No.
I am terminating
22
the deposition because your questions are not
23
24
reasonably calculated to lead to the discovery of

admissible evidence in this case.
25
Ms. Rein has not notarized anything in

86
l 2
this particular case, and so, therefore, there's no
possible means by which this could have anything to

do with any issue in this case.
3
4
5
MS.
LUNDERGAN:
Okay.
So instead of
just making your objection to relevance and
6
7
proceeding, you are terminating the deposition?

MR. ELLISON:
with a relevancy issue.
It has nothing to do
8 9 10
11
It has to do with the fact
that this will not lead to the discovery of
admissible evidence in this case, and it's a fishing

expedition. Relevance is a part of all of that, but
12
I'm not objecting based simply upon relevance.

MS. LUNDERGAN: Okay. Then I guess
13
14 15 16
17
that will conclude our deposition.

MR. transcript.
COURT REPORTER: MR. ELLISON: Okay. I
ELLISON:
Okay.
We'll read the
18
Madam Court Reporter, I apologize
19 20 21 22 23
24
don't know the rules in Nebraska
but in Florida the rules are that the witness has
the right to read the transcript to make any

corrections which are appropriate before the
deposition becomes final, so we're asking to read

the deposition.
25
I don't have your information in order to


87
1 2 3 4 5 6
7
be able to give you my information, so I would like
to get a copy of the document
of the deposition,
if it is, in fact, ordered by counsel, and I'd like

a mini-transcript, if it is ordered. And I would
also
as I said, we are going to read the
deposition and sign it before it becomes final.

COURT REPORTER: And, Ma'am, would
8 9 10 11
12 13
you like to order the deposition to be typed up?

MS.
MR.
LUNDERGAN:
ELLISON:
Yes, please.
So we would like a
copy.
Do you want my email address?
COURT REPORTER:
MR. ELLISON:
That would be great.

It's sellison
B-R-O-A-D
dot com.
Okay.
14
15
that's S-E-L-L-I-S-O-N
and A-N-D cassel
at broad
c-a-s-s-e-1
16
17
COURT REPORTER:
Okay.
And, Ma'am,
what would you like for your order?
Would you like
18 19
20
a regular-si zed or a mini for your copy?

MS. LUNDERGAN: I think I'll have the
regular this time.

(Exhibit C marked for identification.)
21
22 23 24
*
(1:40 p.m.
** ** **
- Adjournment.)
%&,
25
88
CERTIFICATE
2 3 4 5
STATE OF NEBRASKA
COUNTY OF DOUGLAS
) ) ss. )
I,
April E.
O'Malley, General Notary

do
Public within and for the State of Nebraska,
6
7
hereby certify that the foregoing testimony of
JOANN REIN was taken by me in shorthand and

thereafter reduced to typewriting by use of
9
10 11
12
Computer-Aided Transcription, and the foregoing eighty-seven (87) pages contain a full, true and
correct transcription of all the testimony of said

witness, to the best of my ability; That I am not a kin or in any way
13 14 15
16
associated with any of the parties to said cause of

action, or their counsel, and that I am not
interested in the event thereof.
17 18
IN WITNESS WHEREOF,
I hereunto affix my
signature and seal this 28th day of November, 2011.
19
20 APRIL E. O'MALLEY
21 22 23 24 25
GENERAL NOTARY
PUBLIC
My Commission Expires:
<
c
Recording Requested By:

AURORA LOAN SERVICES
When Recorded Return To: RhondaGaB AURORA LOAN SERVICES P.O. Boot 1708
ScoBBbfufl NE 693S3-170B
mtJBcsBEFtincamwaonmm xtimixr mossiKeoiQft MeonasM lffia3fc100M9fflflB6HOMl VRUfbtt8MIMB77
DateofAuferanad: DecensberftHh,2008
AMigneKMORTGW^ ELECTRON REGSTR^^ OCALA,pL 34474
AttfeaeKAURORALaANSSWTCESUCa G9881 BaaWB* PERCYCASTlLLO,AMARRlD PERSON Tal)RTQAOEELEC7RCCI8ISTRAnON
SYSTEMS, INO,AS NOMINEE FORRRST MAGNUS RNANOAL CORPORATION, ANARIZONACORPORATION
P^^Mgy.y?"?"1^?0081^* WW4JB007 bBooHRedaJber.21728f>&geflÔB^

Na:a0O7O23S313 tnPabn8each. Florida
PropertyAdeac 0183 OLMSTEAD DRIVE. LAKEWORTHH- 33487
Ug^L0J31.RE6OK^WXEESTATK,ACC0RDDraT0
p^QOOde^va&iâ>ciafcteflSan,poMtotte
7ÂTPACT10a OFTHE PUfflJC RECORDSOFPALM BEACH COUNTY. FLORIDA.

KNOWALLKENBYTHESEPRESENTSttatb comSdaaBen ofthe ran efTENandNOftOtths DOLLARS and
interestunder big Mortgage.
TOHAVEA1PTOHCiPflwgJMwiândNotatande^ sut^tothetenraccntelnedhsridMoit^goandNote.
On Docewbcf 16th. 2003
MOfmSASEBECTRONJCREOSTRATiON
4*0^^***
ExHlfcT
rRiuroMamnsDRCjCKUW)auiainBaM&
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CORPCreASaQOOiTOFMOmQA6EP952of2
STATE OF Nebraska COUNTY OF ScoteBJufl
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tetôfsaaatKlojyldBatM)tebBftepion^
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ONDecember18*.2008, befero ma,DARLtNE DIETZ, a NoisyPiABetoend fax fiCounfrcl8eoBsB^Coimly.
WITNESS my land and oSdal seaL
DIETZ
Notary Evsbes: 03J22C010
(IMsareafefnotarial saaty
SBBSR^1!!!?^?1^ AURoW"^'oawcouEaBiwtroBoxin,acoT^^ B8WW70S m-CTXSBO
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ifuunjjBiajasB^/UM',iaBM8r
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CFN 20070233313
OR BK 21728 PB 0999
Return To:
RRST MAGNUSFINANCIAL CORPORATION
603N.W&MOT
RECORDED 05/14/2007 09t<Ut39
Pal* Beach County, Florida

ART 913,000.00 Deed Doc 1,795.50
Inteng 1,026.00 Sharon R. Bock,CLERK ft COMPTROLLER Pga 0999 - 1029) taipgs)
TUCSON. AZ 65711
This docnmsnt was preparedI

603N.W1LMOT
FIRST MAGNUS FINANCIAL CORPORATION

TUCSON. AZ 85711
'*&Af&
li o ^ at
WMTOflK
LOAN NO.: _ 3190872024,.
ESCROW NO7990070305
[Specs AboveTbisLbs For Recording Dtta]-
ills
a El
MORTGAGE
MM 100039231908720242 MERS Phone; 1-888^79-6377
iEfd
ASe 1
DEFINTIIONS
Words used in multiple sections of thb dotmnent are defined

Sections 3,11,13,18,20 and 21. Certain rotesregarding the alsoprovided in Section 16.
below and other words are defined in of words osed in tins document are
(A) "SecurityIn^mnent'ineans thisriocmn^
AFFffl.27.2007
toge&er with allRidro totms document
(B) "Borrower" is
POSY CASTILLO, A MARRED PERSON
Borrower is thenHBtfflfflrnnito tinsSeciiriÎosuiiuiait
(C) "MERS" is Mortgage Electronic Registraaon Systems, Inc. MERS is a separate corporation that is acting safety as a anrinee for Lender andLender's successors and assigns. MERS is the mortgagee
under tlais Secnriry Instrnment. MERS b eggooized
address and telephone ofP.O. Box2026, EfioL MI48501-2026, let. (888) 679-MERS.
(D) "Lender" is
FIRST MAGNUS FINANCIALCORPORATION.AN ARIZONACORPORATION
EXHIBIT
RORPA-StngtenunDyJfaanteMeafftefcfiaMaeUKffPRMPSTRUMBJT WITH MERS

VMP-8A(FL)e>oae3 prions
FennSOlO 1/01
fe
bc.vy.i-
mctftswow swung, we. MBgwugwcaspq
EXrilElT
Rnnk*?17?A/Panp.QQQ
6
n~*.~ a - r w
Lender is a CORPORATION
organized and esfsthnj under thelaws of ARIZONA

Lesser* address is 603 NORTHWIMOTROAD. TUCSON, AZ 86711
(E) "Note" means theproodssoiyimtes^ned byBonower and dated
APRJL27.2007
The Note states mat Borrower owes Lender RVEHUM)RmTHIRTEeJTHOUSANDANONO/100XXXXXXXXXXXXXXXXXXXXXX
(ILS. $513,000.00 ) plus interest Borrower has promised u pay fhbW fa regular Periodic Payment aid to paythedebt InMl notlater than MAY 01.2037
(F) "Property" means the property mat is described bdowimdCTtteheadmg Tiansfe of Rights in the
Property."
(G) "Loan" means the debt evidenced by the Note, pros interest, any prepaymaricliarges and lale charges
doeunder theNote,andallstuns oneunder tinsSecerirylnsfrmnent.pms Interest
(H) "Riders* means all Riders totins Security Instrument that are executed by Borrower. The following Riders are tobeexecuted byBorrower [check box as anpHcahte]: , (23 Adjustable Rate Rider EZ3 Condomlnhunlader L__J 1-4 Family Rider I ICiaAated Payment RMer IxXI Planned UnR Development Rider I I Biweekry Payment Rider
IiBaRannRMer F^3 Rate Improvement Rider
ADDENDUM TO ADJUSTABLE RATE RIDER
UPU Second Home Rider
K0 Omerud fsnedfy] prepayment rer
Ifiil vraw ppxujrj SS^^^Y^roaaflyiTOADJUSTABLERATERtDER
(0 "Applicable Law" means aD controlfing appficable federal, state and local statutes, lygntattgiw, ordinances and admhnstrauve nnes and ota (fo have the efiect o^
(I)"dammun^y Association Does, Fees, and Assessments" ineansaUc^ fees, asMasinents, and c4her charges that are Imposed on Borrower or (he Property by a condunilaliun association, homeowners association or ffnrninr onjuniifllinTii (K) "Electronic Foods Transfer" means any transfer of finds, other than a transaction originatedThy rhffk, *?*r, or sfanQar paper instrument, winch is tnflfoM through an electronic terminal, telephonic instalment, computer, ormagneuctapesoasmorder, instruct, or anthortm afinancial institution to debit
or credit an account Such term memoes, but Is notRowed to, pomt-e&sale transfers, aiitonwtrd teller machine 1iaimr!b", transfers initiated by telephone, who transfers, and automntrd daulnghuuse
(L)"Escrow Items" means those items mat are described fa Section 3.
fl^ "MisceBaneoas Proceeds" rneans any conmem Amy (o, oraestrection of, the Property; 00 condemna&morother tahfag of aD oranypart ofthe FtopeUy, (B^ conveyance fa Reo tf condemnation; or v) misrepresentations of, or omissions as to, the
by any third party (other than insurance proceeos paid unto (be coverages d
vafae and/or condition of (he Property. .,_._. (N) "Mortgage Insurance" means "*"" protecting Lender against the nospavment of, orde&nlt on.
we Loan.
lfoa^phsâyasmumîBiderSec^
VMB6A<FL)ooo9
(O) "Perfao% Payment^ ineans (helegalarty s
/%
r**eft6 Form 3010 1/01
RrkrsUOt 70A/0oÂ'f nnn
(P)"RESPA" means the RealEstate Settlement Procedures Act (12 U.S.C. Section 2601 etseq.) and its
time, oranyadarnonal orsuccessor legjautfou orrygnhtinn flatgoveins thesamesubject matter. As used in tinsSecurity Instrument, "RESPA" refers to allrequirements and restrictions mat are linpwfd fa regard
rmpTprrtfflting regnlatloa. Regulation X (24 CJJt Pat 3503), as they mffltbe agjended from lime to
to aJfederaftridated mortgage ban" even if the Loan does not qualify as a"federaOy related mortgage
(Q) "Successor in Interest of Borrower" means any party that has taken title to (be Property, whether or riot that party lea assumed BorwwerVif^^
TRANSFER OF RIGHTS IN THE PROPERTY
ThisSecurity Instrument secures to Lender: CD therepayment of theLoan, and allrenewals, f Kteitttoin and modlflratlnns of the Note; and 00 (he pwfniinHnce of Borrower's tuveiuuls and jgieemeuls under tins Security lostrument and tin Note. For fids purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as somfaee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the fcJlowbig described pro^ COUNTY
rT^ytfP^*mWimJm4yn*thTl of FALM BEACH PfaBecfBtcordtflgJuihiPilta];
Parcel ID Numben O04244300400002io

9193 OLMSTEAD DRIVE
wUchcurrenuy hasmeaddress of
ISbcefi
LAKEWORTH
TO, Florida
33487
(ZfrCodel
("Property Address11);
easements, appurtenances, and fixtures now or hereafter a part of the property. AQ
TOGETHER WITH ail the imrgtreemects cow or hereafter erected on the property, and all
custom, MERS iasoftmrnee forLender andLenderssuccessors and assigns) hastherisftto exercise any or afl of timse Interests, factedms. but net Rinued to, therisja' to foreclose and sellthe Property; and to take any action repaired of Lender Including, but not Omfied to, releasing and cnncfllng uss Security
âsuuntent.
tothe interests granted by BuuiBwa fa tins Security Instrument, bat, if necessary tocmrajry with jaw or
Security Instrument as the"ftoperty." Borrower nndwstflnih and agrees (hat MERS holds onlylegal title
also be covered by mis Security Instrument Afl ofthe fcrcgmhg fat referred to fa tins
VMPA(FL)0oosa
ngiStfis
Form 3010 1/01
Rank9179&/Pana1 HIM
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- <w
BORROWER COVENANTS(hatBorrower b lawfully seised of the estate herebyumveyed and has
the right to mortgage, grant andconvey (he Property and that theProperty is uneucunmered, except for encumbrances of record. Boirower wuiauls andwill defend generally (hetine to theProperty against all cfahns anddemands, subject to anyennrrnhrances ofrecord.
THIS SECURTTY INSTRUMENT condones uniform covenants for national use and non^nd&rm
covenants with limited variations byJurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree asfoRows: 1. Payment of Principal Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall paywhenduethe principal of, and Interest on, (he debt evidenced by the Note and any prepayment charges andlate charges dueunder theNote. Borrower shall also pay funds for Escrow Rems
pursuant to Section 3. ^syments quo under too Note and tms security* w^tn^^^" snail be made to U.S.
currency. However, ifanycheckwou^testrumettt received by Lender as payment under dieNoteortins

Security tnstnnoest is leonued to Lrwflpr uwpbM, Lender may reou&e tnat any or atl sunseonent nayiseots
One under me Note ^w^r qus security Ensojument be p^"^ fa one or more ox tne fiulowlns norms, as
selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided anysuch check is drawn upon m Institution whose deposits are insured by a
federal agency. Instrumentality, orentity; or (d) Electronic Funds Transfer. Payments aredeemed received by Lender whenreceived at thelocation designated fa theNote or at
v
suco otltffr locfltioft as may oe flfislffiffffyM oy Mender in flcpornanre wltp tne nonce provisions so S4irfTftQ lo
Lender mayretnrn any payment or partial payment if (he payment or partial payments arelnsuflSchsil to bring theLoan current. Lender mayaccept anypayincrd or partial payment fa current, without waiver of anyrights hereunder orprejudice to Its rigfrts to refuse such payment orpartial payments fa thefuture, butLender Isnotobligated to apply such payments atthe(inn) such payments are accepted. If each Periodic Payment Is apphed as cf lb schedusd clue dah^ fofftfft Iffl Tffppfod fiimk. Ixwd^m^lwiMM*nm|ipBrflidiimlflBniinH the Loan cmmiL ff Bqjiower does cotdo sowhamairasrafflhTe period of time, Lender shall cither apply such funds orreturn them to Borrower. If notapplied earlier, such tends willbeappaed to theoutstanding
pdndpal balance under theNote immediately prior to foreclosure. No offset or cfcdm which Borrower
w^toTif have now or fa the future *g*fr** LendershaB refieve Borrower from milling payments due under
Of *fat*8HI^ ft1** fryrifr Tiwlmmwit tifperfmrofag tfaflmvpnaiitB sadflgrBnitg seemed hy fetsSîiilly

JfiS&RlEDGSk*
payments accepted and appB^ by Under sM
2. Application of Payments or Proceeds. Except as otherwise described fa tins Section 2, afl
(a) interest
due under theNote; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shaB be applied to each Periodic Pay^ shall beapplied first tolate charges, second toany other amounts dneundv(hb and then toreduce theprincipal balance of (he Note.
If Lender receives a payment from Borrower for a de&uroent Periodic Payment whkb fadedes a yflffiffrnt amount to pay any late charge due, the payment may beapplied tothe delfomwnt payment and thelate charge. If more (ban onePeriodic Payment is ontstandmg,Lenoermay a from Borrower to the repayment of the Periodic Payments if, and to (he extent mat, each payment
VMP4A(FL)em)
hgMcfis
Form 3010 1101
Rnnk9i70fi/Pana1(\nO
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can bepaid fa fufi. To theextent (hat anyexcess exbteafter tim payment is app one or more Periodic Payments, such excess may be appSed to any late charges due. Voluntary prepayments shall beapplied first toany {uepaymenl charges and lira
Any apptic^ton of payniects. Insurance theNote shafl notextend or postpone thedue date, w change tim amount, of (he Perfa& 3. Funds for Escrow Items. Bonower shall pay to Lender on the day Periodic Payments are due under theNote, until (he Note is paid fa fufl, asum(the "Funds") to proride forpayment ofanmunte due for. (a) taxes and assessments and other items which can attain priority over tins Security Instrument asa Ben orencumbrance on theProperty; (b) teasehohl payments orground rents on the Property, if any; (c) premiums for any and all hwurancB required by Lender under Section 5; and $ Mortgage Insurance prendums, If any, or any sums payable by Borrower to Lender fa Ren of the payment of Mortgage
Insurance premiums fa arrnnbiwjB with the provisions of Section 10. These items are called "Escrow
Kerns." At origfaalton or at any time during tin term of (he Loan, Lender may require mat Conmmnhy
^W
Association Dues, Fees, and Assessments, ff any, be escrowed by Borrower, and such dues, fees and assessment shall bean Escrow Rem.Bonower shall prompfly furnish to Lender allnotices of amount* to be paid under tins Section. Borrower sliaS pay Lender ti Foods for Es Borrower's obligation to pay the Funds for any or all Escrow Rerns. Lender may waive Borrower's oMlgntton to pay to Lender Funds for any oraO EscrowItems atany time. Anysuch waiver mayonry be Inwriting. In(he event ofsuch waiver, Bonower shaB pay directly, when and where
due for any EscrowRems for which paymcrttf^
shaRfundsh to Lender receipts evidencing such payment within such time period asLender may require. Borrower's obRgation to make such paymente and to provide lecetete shafl fm
be a covenant and agreement contained fatinsSecurity Trtrtr,|W|M>|l*l asthep^nrfft "covenant andaff***nftm
h used la Section 9. If Bonower Is obBgated to pay Escrow Items dtrectiy, pursuant to a waiver, and
Boirower tafisto paythe asionnt d\ form
and pay such amount and Bonower shall fin beobfigaled mto Sectta 9 to repay to Lento amount Leader may revoke the waiver asto any oraR Escrow Rems atany (fa by a i accordance wim Section 15 and, upon such revocation, Bonower shall pay to Lender afl Funds, and fa
such ansosnts, (hat are titen required under this Section 3. Lender may, atanytime, collect and hold Funds faananroind (a) sufficients
the Funds at the time specified underRESPA, and (b) notto exceed the nuwinwiji grpramt a lender can
require under RESPA. Lender shall ftflroatp the amount of Funds dee on the basisof currentdataand
reasonable estimates of enpernllmres of future Escrow Rerns orotherwise fa accordance with Applicable
Law.
The Funds shall be held fa an institution whose deposits are insured by a federal agency, fasnumentaRry, ormflfr(htefryHiig Lender, if LfT*dCT fe ph totftntion whose dtpostts are sohH"*f*tyflrhi
anyFederal Home LoanBunk.Lender
specified under RESPA. Lender shall not charge Bonower for holding and applying the Funds, annually analyzing the escrow account, orverifying t!Escrow Items, inuess Lender p^
Funds and Applicable Law permits Louder tomake such acharge, Unles Applicable Lawreqmres faterest to bepaid entire Funds, Lanier
any Interest orearnings ondie Funds. Bonower and Lender can agree fa writing, however, flat fofarst
VMMA(FL)CMB
fep6oM6
Form 3010 1/01
Rnnlr0179R/Pan*irM'*
n_._
- j c 0\a
shall bepaid onthe Funds. Lender shafi give toBorrower, without charge, an annual accounting of the
Funds asiTqyt,wd by RESPA.
If (here is a surplus of Funds held fa escrow, as defined under RESPA, Lender shafl account to Borrower for theexcess foods faaccordance w!mRKPA.IftIiereisasborta^cf Fm^heMtaesaow.
Lender (beannxnrt necessary to make up (te
__
as defined underRESPA, LendershaR nou^
rnoathry payments, ff there isadeficiency ofFunds heH fa escrow, as defined tnu^ notify Bonower as required byRESPA, aiidBQnowffshaR pay to fender (te
opthe deficiency toaccordance vrf&R l^poa payment fa fofl ofaR sums secured ly ti^
to Borrower anyFunds held by Lender.
4. Charges; Liens. Borrower shaR pay afi taxes, assessments, charges, fines, and impositions
attrftetahfe to urn Properte which can an^
ground rents en (he Property, ffany, and (tosnmunfly Association Dues, Ite, and As
( ^"'
toLefder.butonrysolottgastlciro^ by. v defends agamrtenforcenientc^
Buuuwci shafl promptly discharge any Ben which has priority over tins Security bstremeet unless Borrower: (a) agreesfa writing tothe payment of(he obligation secured by(teh^
prfliTTrt ftw fpfiMTf*"**^ oftfi* Bwi wMfe flm pnrarttogq are pending, bat only until such piiMTHflngi
fte extent (hat (here fiems are Escrow
are conceded; or (c) securesfami upholder oftmsBenanagteenuxd
tiie Ren to tins Security Instnunent. ff Lender deterumxofhrt any {^ of (be Property
whkBcanatfrfaprlffifroy^flfoS""^!"*"^
Hen. Within 10days of(he date onwhich that nouce fa given, Borrowersha^
more ofthe actions set forth above fa tins Section 4.
Lender may require Bonower to pay a one-time charge for a real estate tax verification and/or
reporting service usedby Lender faconnection with tins Loan. 5. Property Insurance. Borrower shafl keep thefam^
the Property insured against toss by fire, hazards fnchtded wiflrin (be term "extended coverage,0 and any other hazards Including, hat notRanted to, earthquakes and floods, for which Lender ieqnb Insurance.
F-y^Tf TqulrfTi WftPt LfTFff *qh pironni tn0 prpcwflng kmiImicb* can ehanga Jmliig tea nam of tiie Loan. The Insurance carrier providing the Insurance shafl bechosen by Borrower subject to feeder's rfgjbt to disapprove Borrower's choice, which right shall notbe exeitbed unreasonably. Lender may require Borrower to pay, in connection with tins Loan, either: (a) a one-tee charge for flood zone determtnation, certification and tracking services; or (b) a one*time charge for flood zone drtfrndnatton and certification services and subsequent charges each time remappmgs or shnflar changes occur winch reasonably might afreet such deusniinafion or certification* Borrower shall also be lespunsBMO for the payment of any fees imposed by (he Feeêral Bmetgeaty Managwni^ Agency fa whn the review of anyflood zonedttefiuliMflOii resorting from anobjection by Borrower.
Tub Insurance shall be mamtamed fa (he aiioante Ctadndtag ded^
VMP6A(FL)oms9
fepeeris
FonnSOlO 1101
Rnnlf2172A/Psvio1 (\f\d
d ^ a e *t o a
sotprotect Borrower, Borrower's equity fa the Property, or(lie contente ofthe Property hazard orBahfltty and ntbjdprovide greater orlesser coverage than was prevto^ acknowledges mat (he cost of the insurant coverage so clmuned nnffi
coverage, at Lender's option and Borrower's expense, fender b under no obligation to purchase any ptTflToTar fyf* "^"f enwer^ge- ThMefeBBy aaA ccwemga ataB csiver Lcsrte. lal srrifiht oriniritf
If Borrower falls to maintain any of (he coverages described above. Lender may obtain Insurance
insurance that Borrower could have obtamed-Arryanwuntsc^sbarsedD^
become additional debt ofBonowersecured In/tin^SecurRyfashunKoL There at the Noterate from tiiedate ofdisbursement and slsulbe paydu^ Lender to Borrower reojtffsllng payment.
Allinsurance poErfes required by Lender and renewals of such policies shall besubject to fender's
mortgagee and/or as an additional loss payee. Lendershafl have timing* to n^
rbjbt to disapprove such poBctes, yftfl fadnde a standard mortgage dause, and shall name Lender as
rwrfHfeate*. ft Lanflpf tgqnlaBg, Bitfwmm Antl promptly fltva la f/tndfif alltccdpts of paid pjpjnluim and renewal notices, ff Bonower obtains anytoon of insurance coverage, nototherwise required by fender,
for dttftygft to* ordestruction ox, the Property, such policy shall lachide a standard morteaga clause and
shall Dame Lender asmortgagee and/or asanarWItlniwl losspayee* bum event ofloss, Borrower shafl gjtre prompt notice to thefasuranre carrier and Lender* Lender
L ^^^
may snake proofof loss if not made promptly byBauuwcr. Unless Lender and Bonower otherwiseagree fa writing, any fasuiauce proceeds, whether orBottheunderrjdx&jrnsuranrewasr beapplied to restoration orrepair of theProperty, ff (he restoration ortepalr fa eccoomlcafiy feasfide and
Lends* s security b not eessened. Duriosc such repair and restoration pertod, Lender snail nave too cumi to
holdsuch Insurance proceeds until Lender has had anopportunity to inspect such Property to ensure (he work has been completed to Lender's satisfaction, provided (hat such Inspection shafl bo undertaken promptly. Lender maydisburse proceeds for tiie repairs and restoration fa a single payment or fa&series of progress payments astiie workb compfeted. Unless anagreement feinade fa requires faterest to be paid onsuch fasurance proceeds, Lender shafl sot berequired to pay Bonower any
interest or eannn&s on such proceeds, fees for pnouc atnnsfws, or othpr third parties, retained by
Bonower shafl notbe paid outof (he Insurance proceeds and shafl be thesole obligation of Bonower. ff timrestoration orrcpafr b nrt iroTiflffilcaRy feasfiue ortimer's security would belessened, tbefasurance proceeds shafl be appRed to thesumssecured by tinsSecurity Instalment* whether or not men due,wan
tiie excess, ff any, paid to Borrower. SuchInsurance proceeds shafl be applied fa the orderprovided for fa
Section 2.
ff Borrower abandons tiie Property, fender may file, negotiate and settle any available fasuianse claim and related matters, ff Borrower does notrespond within 30 days to a notice from Lender that (he insurance carrier has offered tosettle &cfahn, then Lender may negotiate and settle tiie claim. The 30-day period wfll begin when tiie notice b given, fa either event, or ff Lender acquires tiie Property under Section 22 or otherwise, Bonower hereby assigns to Lender (a) Borrower's rights to any insurance nreceeds fa on amount not to exceed the amounts unpaid under tiieNote or fids Security Instrument, and
(b) any other of Borrower's rights (other than (he right to any refund of unearned pirnrrlumt paid by Borrower) under all brummopofides covering the Property, fasofar as such rights are appBcahle to the coverage of rite Property. Lendermay useurn insurance proceeds either torepafr orre
to f^tnmants unpaid under tig Noteor thfaS
PC
VMPtiA(Fl)sxa9 ftprerw Form 3010 1/01
fcn/*!r9179/Dano1 f\f\R
rv.~~. -r - r *\*
6. Occupancy. Borrower shafl occupy, establish, and use tiie Property as Borrower's principal residence within <m day* after fee fUBpfntfon pf fefe Security T|i^""ffrt and *hfl CTntimw* Iff occupy tire
Property asBorrower's principal residence tor atfeart coo year after thedate ofc*cojj^
otherwise agrees fa writing, which consent shall not be unreasonably withheld, or unless <fwnfeg
tliiiiinttanfysexist whicharebeyondBorrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections, Borrower shafl not
destroy, damage or Impair (he Property, allow (he Property to deteriorate or commit waste on tiie Property. Whether ornot Bonower b leshfing fa the Property, Bonower shafl maintain the Property fa order to prevent foe Property from dehahnaflag ordecreasing fa value due to Rs condition. Unless Rb fTrtpfmlnfd pursuant to Section 5 feat wyrfr wxawaOnw u im* grrmrm^Tjy frptTM? Borrower shall jaumptiy repair tiie Property If damaged to avoid farther deterioration or damage, ff fasurance or crwnVmiHlhm proceeds are paid fa connection who damage to, ortintaking of, (he Property, Bonower shafl be responsible for repairing orrestorfaguta Property oafyff fender ha Trarposes. Lender maydisburse proceeds for timrepafas and restoxathv progress payments asthewmhh completed. If ft*hmnantn py fondwnnaffim p"ffmi1y fTft notjfflfRrtent to tepan orrestore fluProperty, Bonower b not refleved of Borrower's obRgatfon for the 5mpfr%n of
such repair w restoration.
Lender or Rs agent may make reasonable entries upon and Inspections of the Property, ff R has
reasonable cause, fendermayfaspecttfaelnterfaroflhebmrovem Bonower notice at (he oroe of orprior tosuch m 8. Borrower's Loan Application. Borrower shall be fa default tf, during the Loan appfication process* Bonower or any persons or entities acting at the direction of Bonower or with Borrower's Imowtedga orconsent gave materially false, impleading, orinaccurate reformation orstatements to Lender (or fafled to provide Lesser with material bfbnoatioa) fa ronnecfJoo with (he Loan. Material representations fafdude, butare not BmRed to, representations ronmnmg Borrower's occupancy of foe Property asBorrower's principal residence.
rmwmhfe or ajujiropriate to protect Lender's Interest fa (be Property and righto under tins Security
(afr HMBWif lafltto pwiiriiin Ihp enursmOa. and t^rnwHRnte wuitnfnwt fai fete Sermtty Iiwlimimi^ (b) (here b a legal proceeding that might significantly affect Lender's interest fa theProperty andVbr rljghts under fids Security Iu&lriiraent fruch asa proceeding fa bankrnpay, probate, for condemnation or forreflnre, for mfoffflnrenl of a Ben which may attain priority over fids Security Instrument or to enforce faws or regulations), or (c) Bonower has anamloafrt meProperty, (hen fender maydo and pay for whatever b
9. Pretention ofLender's Interestm the Property and RightsUnder this SecurityInstrument. If
fasbument, Inrrndlng protecting and/or awemlng the value of tiie Property, and seeming and/or repairing
tite Property. Lender's actions can tecktde, butare not faulted to! (a) paying anysums secured by a Ren which has priority over (bb Security Insinuate!, (b) appearing fa court and fe) paying reasonable attorneys'fi to p^ Rs secured posfllon fa a bankruptcy proceeding. Securing tiie Property tedndes, but b not Rntited to, wtftfhjg (he Property to make repairs, change locks, replace orboard updoors and wfadows, drain water from pipes, eflffllnate hnflding or other code violations ordangerous conditions, and have utilities turned onorofi^ ARhou^ Lender maytake actios under thb Section 9, Lender does m doso and boot under anydutyor obHgation to do so. R fa agreed feat Lender tecngno fiabfltty for nottaking anyorall
flcffftrw flupfrftfpffii under thb Section 9.
VMP4A(|FOfDcea
ftpeena
Fcrrn3010~ 1/01
Rnnlc9179R/Ps>ncxinnfi
r%
-**.
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Any aifflumte ifl^wffed by Lender under ftfc SpftJon 9 shall bfcoraft piMftflfna! debt of Borrower secured by tins Security Instrument. These amounts shafl bear Interest at the Noterate from tiiedate of disbursement and shafl be payable, who such Interest, upon notice from fender to Rbihuump restarting
ease, ff Bonower acquires fee title to (he Property, (he leasenoM ana* fim fee ti Lender agrees tothemerger fawriting. 10. Mortgage Insurance, ff Leuerrequired Mortejam Bonowershall pay thepremiums required tornalntato the Mortgage Ir^ the.MortgagB Insurance coverage reqmred by Lender ceases tobewaflabfa from
ff tins Security Instrument b ona leasehold, Bonower shafl comply with all tiie provisions of tiie
toward (he premiums for Mortgage Insurance, Borrower shall pay foe premiums required to ohfatg
jnevioasy provided such insurance and Borrower was required to rnahe separately d
equivalent to tiie cost to Bonower of foe Mortgage firmTfinrft previously fa effect, from an alternate mortgage insurer selected by Lender, ff substantmRy equivalent Mortgage Insurance coverage b not avaflaste, Bonowershafl continue to pay to Leader foe anoadof foe separate^ were duewhen foe Insurance coverage ceased to be fa effect Lender wfll accept, use and retain these payments as a ram-refoBdabJe toss reserve fa Ben of Mortgage Insurance, Such loss reserve shall be eoiHefaadablB, imtwRhslandn^ and Lender shafl notbe required Co pay Bonower any Interest oreanmigs onsuch loss reserve. Lender can imto reserve payments If Mortgage Insurance coverage (fc tig amourta^
coverage substantially equivalent to tiie Mortgage insurance previously fa effect, ata cost substantially
separately eejfejnaled^ Insurance asa condition of making foe Loan and Bonower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shafl pay foe mcudima required to
provided byan insurer selected by Lender again becomes available, bcftuuned, and Lender reaches
Section 10 affects Borrower's obligation topayliAirertatrherateprc^^tatheNote.

JfiflDHBCG*
maintain Mortgage Insurance fa effect, or to provide a non-refundable loss reserve, until fender's requlienrpul for Mortgage l^ruireenfe Leader |airvhflng for sua frrnrrm
may incur if Borrower does not repay foe Loan as agreed. Bonower b not a party to foe Mortgage
Mortgage fasurance reimburses fender (or any entity mat purchases foe Note) for certain losses R
uHUtfS DSUICfS GVSitdfi fhGu tD&U Dm 00 QuSGCD lOSGfiQtCG fal RfOBuDS tfwM* tQ fftfie Bra iray
enter into agreementswtth other garths flatshare ormodify their risk, orreduce losses. There agreements areoaterms and conditions (hat are satisfactory to obe mortgage tosurer and thec3fa to
tbesti OjKi^z..^..]*. Thesa agtpomunt* pay wqnlw Ihfi fflffrtffpffip fafnUT fft nTflkff nayiftCTTtT Wflig Biff ffOBTFC
tf fends faat thentortgage

JDS03BGfi PICSQifilBSf
anyoforeatixy, orany afiflfete of any of foe toiegolia inay recetre (duecuy derive from far mbjit be characterized as) a portion of Borrower's payments forMortgage Insurance, fa pschingft for sharing or rnodiryfag foe mortgage fasurer's risk, or reducing fosses. If such agreement
pretnfurns paid to foe insurer, foe arrangement b often termed "captive reinsurance." Further:
Asaresult of(here ajpeeinents, Lender, any purchaser of(he Note, another insurer, any reinsurer,
provides that an affifiate of Lender takes a share of the msnrerj risk fa exchange fig a share of (he
(a) Airy such agreements wfll not effect foe amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreementswfll not Increase the amount Borrower wfll owe for Mortgage Insurance, and they wfll not entitle Borrower to any refund.
A
VltNA(jR)sns} ftseens form 3010 1/01
Rnstlr?'f7?A/Dd/ia'fnrY7
r*- \ .*#*.
(b) Any such agreements wfll not affect the rights Borrower has - if any - with respect to the Mortgage Insurance onder foe Homeowners Protection Act of 1998 or any other law. Theserights may include foe right to receive certain disclosures, to request and obtain cancellation of (he Mortgage fasurance, to have foe Mortgage fasurance terminated atrtomatfeaDy, and/or to receive a refund ofany Mortgage Insurancepremiums that wereunearned at foe time of such cancellation or
tCfOU&fltlOQ*
assigned to and shall he paid to Leader.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Mbceflaneous Proceeds are hereby
ff (he Property b damaged, such Mbceflflneous Proceeds shall beapplied to restoration or repair of
Lendersiwthiflcflon, provided (hat such Inspection shall beundertaken promptly. **""*? maypayforfoe repairs and restoration fa a shade disbursement or fa a series of progress payments as foe work fa connected. Unless anagreement b madefawriting orApplicable Lawrequires Interest to be paid onsuch
nsjscellaneous s^roceeds, Lender snail not do reoutred to1 pay Borrower any interest or esinftt&s on sucn
until Leaner has had an opnortunhy toinspect such Property to ensure foe work has been completed to
tiie Property, if the rertoration or repair b economically feasible and Lender's security b not lessened. Daring suchrepair andrestoration period, fennYrfthnTI havft tint right to hold roth Mbcwbnpous Pivwds
Miscellaneous Proceeds* ff the restoralira
be fcssened, feeMbceflaneoas Proceeds shafl be applied to foe sumssecured by fob Security hotituueut, whether ornotthrodue,who fee excess, ff any, pah! to Borrower. Such Misceflaneons Proceeds shafl be appned fafoe order provided forfaSection 2. In foe event of a total taking, dtstruction, or loss in value of foe Property, foe Miscellaneous
^w
Proceeds shafl be applied to thesums secured by tins Security Instrument, whether ornot(hen doe, with
foe excess, ifany,pad to Borrower.
value of foe Property immedtatery before fee partial taking, destrccnon, ortoss fa value fa equal to or gieater than tiie jum^wi of the sumssecured by tins Sttuilty Iusuuinent rmmedlately before foe partial taking,deshuUtou, or toss fa value, unless Borrower and Lender otherwise agree fa writing, fa sums * f fob Security Instrument shafl be reduced by fee atpoattt of fee Mlsceflaeeous Proceeds
by fe** following fractions (a) foe total y^p***! of foe *nwr* secured siria*?yîlîr^^^> before foe
fa the event ofa partial taking, destruction, orloss invalue of foe Property fa which foe fob? market
Vine OX US wwpiy immeifianay iubwb n jama nwng, fleMniCIIOfl, OT iOSSm V8iae B I6SSUSUI U3B
[taking, destruction, ortoss fa vahm Divided by(b) (he fab m foe partial taking, destruction, ortoss favalue. Aty la foe event of a partial (along, destruction, ortoss favalue of foe Property fawhich fee fair market
wanunt of the sums secured famiedmtery before the partial taking, destroction, or toss in value, unless Borrower and Lender otherwise agree fa writing, fee Miscellaneous Proceeds shall beapplied to (he sums
secured by fob SecurityIustroiueut whetheror not feesumsarefheu due.
ff foe Property b rdannonfd by Borrower, or ff, after notice by fender to Borrower feat foe Opposing Party fas defined fa thenext sentence) offers to make anaward to settle a chum for damages. Borrower fafls to respond to Lender within SO days after tiie date tiie notice fagjrvfta, Lenderb anuusued to cofled and apnV the Mbceflaneow sums secured by fete Security bstnmienU whether ornotfo that owesBonower Ivflsceflaneous Proceeds or fee party agates whom
*titew>*t i" Ah> Pwpprty vr 1*$** ""** fefr Stqirfty fiwiiuiufait. Bonower can cure such adefault and, ff atcehaution has occurred, reinstate asprovided In Section 19, bycansfng fla acorn ct proceeding tobe
îjiifpiy^^ with a rofins feat, fa Lenders judgment, nrcchnfmforfeuureof foe Property or irtntir material
regard toMlsoBflfliieous Proceeds. ^_ m m ^ m m A_m Borrower shafl be fa default if anyaction orproceeding, whether dvfl orerrmhwl, b begun feat, fa Leraier's Judgment, could result fa foriehure of the Property or other material rmTtfrfrmfrt of fender's
famatanent of Lendersfaterest in feeIroperty orrigjttunder ti&SecnrRylrmro^

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anyaward orchum fordamages feat are attributable to fee Impairment offender's faterest fa foe Property
areherebyasstened and shafloe paid to Lender.
Afl Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be appfied fatheorder provided for faSection 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Rxterrrfrm of fee time for
payment crrnodlftfation of areofflzaflnn of thesuins secured b^ to Bonower or anySuccessor fa faterest of Boiiuwer shafl notoperate to release foe fiabflfly of Bonower or anySuccessors fa Interest of Borrower. Lender shall notberequired to conrrneace proceedings against
airtortlzflfloa ofthe sums secured by fobSecurity fastnnoeat byreason of arry Bmiauttf Br anySat ww* hi Intwnprf nf Bnimuipr. Any ththeotimrm try 1*nA*rin working ywy Hgfo fl> remedy fachafiag, wUhout Bmltatfon, Lender's arrertanre of payments from third persons, entities or
SaooESson fa Interested*Bonower or fa
any Successor fa faterest of Bonower or to refuse to extend time for payment or otherwise modify
precfade foe exercise of any ifa^d orremedy*

13. Joint and SeveralLiability; Consigners; Successors and AssignsBound. Borrower covenants andagrees feat Borrower's obligations andRablRty sbafl beJoint andseveraL However, any Borrowerwho
tennsof fob Seomlry bsuTumen^ Lahuiueut; and (c) agrees that Lender and anyother Bonower can agree to extend, modify, forbear or makeanyaccommodations wtth regard to fee terms of tins Security fastrument or foe Note without tiie
co-signs tiuVSecurtty fastroment but does not execute fee Note (a "co-signer1'): (a)js co-stenmjg fob Security Instrument only tomortgage, grant and convey fee co-signer's faterest fa fee Property under fee
aDJ*L?3roi'w^8?andBabflfly under fob Sfcuiilylratmment unless Lender agrees to such release fa "* k088 nnaer**5^5^^^ BowwveralBfflmJbeietearelfrom Borrower's cbUgatinns
writing. The covenants and agreements of fob Security fastrument shafl bind (except as provided fa
Section 20) and benefit(hesuccessors andasstensoffender.
"Subject to foe provisions of Section 18, any Successor fa faterest of Borrower who assumes Borrower's obRgrifons under fob Security fastrument in writing, and fa approved by fender, shafl obtain
consigner a consent.
Borrower's default, for foe puipose of protecting Lender's faterest fa foe Property and rigbis under fob Security fasbument, fadudfag, outnotRndted to, attorneys' fees, property Inspection and valuation fees, fa regard to airy otiuy fees, theabsence rf feeto Borrower shafl notbeconstrued asa prolnl)M fees feat are cixpressry prohibited by fobSecurity fastroipentw byAppBcabte Lay.
fflte Loanfa subject to alawwhich seb max
iwt ftf^ faterest or other lo*^ dtaraes coflected or to be fftTtfflfpfl in conn^jtlwi wife (he i-ipy*i exceed the
14. Loan Charges. Leader may charge Borrower fees fg servfoes perfonnad fa con
permitted fimfts, them (a) anysuch loan charge shafl be reduced by fee anionnt necessary to reduce fee charge to thepermitted fintit; and(b) anysums already collected from Bonower whkh ejiceededpftiiiltted Rmflswfll be refunded to Bonower. Lender maychoose to make fob refund by reducing foe * owed under foe Note or by mating a direct payment to Borrower, ff a refund reduces price m . redaction wfll be treated as a partial prepayment wnhoot any prepayment charge (wheoer or not a prepayment charge b provided for under foe Note). Borrower's acceptance of anysuch refund made by direct payment to Borrower will constitute awaiver ofany right of action Borrower might have arising out ofsuchovercharge. 15. Notices. All notices given by Borrower or Lender fa connection with fob Security fastrument most be fa writing. Anynotice to Bonower fa connection with tins Security ReUruanail shafl bedeeaied to have been given to Bonower when ma&ed by first dass maB orwhen actually deflvcred to Borrower's notice address ff seatby other means. Notice to anyone Bonower shafl constitute notice to allT
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unless Applicable Law expressly requires otherwise. Thenotice address shall be foe Property Address unless Borrower hasdesignated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address, ff Lender specifies a procedure for reporting Borrowers change of address, then Borrower shall only fytr ritatwn tffjhMbp fewutgh (hat specified procedure. There may be only one designated notice address under tins Security fastrument at any one time. Any notice to Lender shall be riven by delivering R or by maffing R by first dass mallto Lender's address slated herein unless Lender has **<**gnate" am^tr address by notice to Borrower. Any notice fa connection with fob Security fashumeut shall notbe deemed to have beengiven to fenderonffl actually received by Lender, ff any notice required by fob Security Instalment b aso rrgolrfd under Applicable Law, foe Applicable Law requirement wfll satisfy fee corresponding requirement under fob Security
jnstrument.
AppacaMe Law. Applkabte
16. Governing Law; Severability; Rules of Construction. Thb Security fastrument shall be governed by federal lawand foe few of foejurisolctionfawhlchfeefto^ fmrteatfmw crmfamrd fa fob Security fastrument are subject to any requirements and Imitations of
catgut oe fflipntj out fff*"? wfof*^ snail not bo construed as a prHriP?Hft*n against asreement by contract, in
the event that any provblon or clause of fob Security fastnunent or foe Note ^wwfliHf with AppRcabfa
Law, such conflict shaflsot affectother provisions of tinsSecurity Instrument or foeNote which canbe
\gy,
As used fa fob Security Instrument (a) words of fee mascoRne gender shall mean and fadude cofffspondlng neuter words or words of foe feminine gender; (b) words fa foe singular shall mean and Include foe moral and vice versa; and (c) foe word "may" gives sole discretion without any obflgation to takeanyaction. 17.Borrower's Copy. Borrowershafl begiven one copy of (he Iwte and cd* fobSecurity fa
"Interest fa fee Property0 means any legal orbeneficial faterest fa foe Property, tacfadfag, butnot ihniiffl
18. Transfer of foe Properly or a Beneficial faterest fa Borrower. As used fa fob Section 18,
to, (hose bfrtpflclal interests transferred fa a bond fordeed, contract fordeed, fastaflment sabs coatidct or
escrow agreement, foe Intent of winch b thetiassfer oftideIry Borrows If afl oranypart of feeProperty oranyInterert fa theProper^ b cot a natural person and a beneficial faterest faBorrower b sold ortransferred) wRhout Lender's prior written consent. Lender may require fasseolate pavment fa fall of afl sums secured by fob Security fastrument. However, fob option shall not be exercised by Lender ff such exerrfae fa prohibited by AppBcawe Law. ff fender exercises thb option, Lender shafl gjh/e Bonower notice of acceleration. The notice shall
these sums prior to foe expiration of (fab period, fender may invoke any remedies permitted by fob Securityfastrument wflhout further noticeor demand onBonower. 19. Borrower's Right to Reinstate After Acceleration, ff Bonower meets certain conditions,
yriftfa which Bonower mast pay all sums secured byfob Security fastrument ff Bonower fafls to pay
provide a period of not lessthan30 days from fee date feenotice fa riven fa accordance wife Section 15
prior to theearliest o (a) five days before sale of (he Prop fob Security rnstrmrant; (b) such other period as Applicable Law ntigbt specify for thetermlnation of Borrower's right to reinstate; or (c) entry of a Judgment enforcing fob Security Instrument. Those conditions are font Borrower: (a) pays Lender afl sams which (hen would be due under thb Security
Bonower shall have foe right tohave enforcement oftins Security Instrument discontinued at any time
fl#têm^(cj pays afl expenses faicurred to
faslruinentandtimNoteasff no acceleration had o
to, reasonable attorneys' fees, property faspecflna and valuation fees, and outer fees Incurred for
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purpose of protecting Lender's interest fa fee Property and rights under fob Security fasbinnent; and (d) takes suchaction as l4Bider may reasonably require to assure feat Lender's faterest fa fee Property and rights under thb Security fastrument, and Borrower's obligation to payfoe sumssecured by fob Security Instrument, shafl continue unchanged. Lender mayrequire flat Borrower paysuchwrrrtatentent sumsand expenses fa one or more of foe foflowfag forms, asselected by Lender; (a) cash; (b) money order; (c) certified check,bankcheck, treasurer's check or cashier's check* provided any such check b drawn upon an institution whose deposits areinsured by a federal agency, fastamustaflty or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, fobSecurity Instrument andobligations secured hereby shafl remain fofly effective as tf no acceleration had occurred. However, fob right to reinstate shall not apply fa foe case of acceleration under Section 18. 20. Saleof Note; Change of Loan Servicer; Notice of Grievance. The Noteora partial faterest fa foe Note (together withthb Security fastrument) can besold one ormore times without prior notice to Bonower. A sale might result fa a change fa fee entity (known as fee "Loan Servicer") that cofleds Periodic Payments due under fee Note and thb Security fastrument and performs other mortgage toan servicing nMjgaffom under foe Note, fob Security fastrument, andAppBcaWe Law. Therealsomightbe
one or riiore changes ofthe LoanServicerumelate^
Servicer, Bonower wfll be gjrven written notice of dm change which wfll state foe name and address of the new Loan Servicer, foe address to which payments should be made and any other rnformation RESPA requires fa connection wflha imtitttf transfer tfservldi&fftite serviced by a LoanServicer other than foe purchaser of theNote, feemortgage loan servicing obligations
to Bonower wfll remain with foe Loan Seivto or be transferred to a sue
Netther Borrower nor Lender may cornmenfe, jofa, or bejoined to anyjudicial action (as either an individual Rtigant or foe member of a class) feat arises from fee other party's actions pursuant to thb Security Iastrumant or (bat aflegas (bat the other party hasbreached anyprovision of, or anydulyowedby reason of, febSecoittylnstnnsent, untilsuch Bonower or Lender has notified the other party (wflh such notice given facompflanoe wflh foe requirements of Section 15) of such alleged breach and afforded fee other party hereto a-seasonable period afier fee giving of such notice to take corrective actios, ff Applicable Lawprovides a timeperiod which must elapse before certain action can be taken, feat time
ppTJod wfll be deemed to be rPftfo*^H*y jqj purposes of fins paragraph. The noffeft of arffltpratloa and
oppoifauRy to curegiven to Bonower pursuant to Section 22 and the notice tf acceleration given to Borrower wwsiiHitf to Section 18 shafl be deemed to satisfy (he notice andopportunity to takecorrective action provisions of fidsSection 20.
21. Hazardons Substances. As used fa fob Section 21: (a) "Haxarcfaas Substances" are those
substances defined as toxic or "^^dftrrff ifflffrtftF*^*, uoflutanb, or m^^î by Environmental Law and foe
foflowfag substances; gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbJddes, volatile solvents, nwteriab containing asbestos orformaldehyde, and radioactive materials; (b) "Enviroamental Law" means federal laws and laws tf thejnrfadlction whew ftpProperty btocated feat relate to health, safety or environmental protection; (c) "Environmental Cleanup" indudes any response action, ignadJal action, or renaoval action, asdefined la Environmental Law;and (d) an Tfavhonmaual Coadrtion1' means a rondffion that can cause, contribute to, or otherwise trigger an Environmental
WtP6A(Fl)(Doea
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Sufrrtanrw, orfew^twf mwkiase any Hazardous Snhoanres. on or fa the Property. Bonowershall cot do. nor aflow anyone else todo. anyfefag afiedittg the Property (a) that b to
Law, (b) whicfa creates as Enviroam
Borrower shafl not cause orpermit foe presence, use, disposal, storage
Mrmmtmw sriwfamea, ggeaies a amdltioa feat adversely affects thevalue tf dmProperty. Thewecedrog
two sentenws shafl not apply to foe presence, use, orstorage on fee Property of smafl quantities tf
Hazardous Substances that are genorafly recogabed to be appropriate to i inaiBtenance of theProperty (factadliaj,bati^
orothftT attffni *yv^y pwawnnwirtnl nrnegafaiMy agency ar private party Involving the Property and any
Hazardous Substance or Environmental Law of which Bonower has actual faowledge, (b) any
Eavlroffiiiem^ Comfah^ fadm
Boirower shafl prom^gjhre
dahn, demand, lawsuit
rriw of pry ffirawW SnTfftor^ and (c) any condition caused by foe presence, use orrelease of a
Hazardous Substance which adverse^ atrecb (ha value tf fee Prop^
fay any goverrnuental orregulatory authority, orany private party, feat any removal orother remediation
tfanyBaxardous Substance afi^dm^ remedial actions fa accordance wife Environmental Law. Nothing herein shafl create any obflgstton on IiWT *"* nw fowtwutirantal Ctoflimp. NON-UNIFORM COVENANTS.Borrower and Ijeiiderforther covenant and 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any. covenant or agreement to thb Security Instrument (but not prior to acceleration under Section 18unless Applicable Lawprovides otherwise). The notice shafl specify: (a) fee default; (b)theaction required to cure thedcfeuh; (c) a date, nottoss than 30days from the date the notice fa given to Borrower, by which thedefault mustbecured; and (d)that foflnre to cure
foe derauftra or bcrore foe date specifiedm
by fob Security Instrument, foreclosure byjudicial proceeding and sate of the Property. The notice
shafl farther inform Borrower ofthe rightto rehstateafteracceterotim end foeright to assert mfo
foreclosure proceeding the non-exbtence of a default orany other defense ofBorrower to accderation
and foreclosure. If the default fa not cored on or before the date specified to foeMtkc, Lender at its
option may require immediate payment in foil tf all sums secured by thb Security Instrument
without further demand and may foreclose thb Security Instrument by judicial proceeding. Lender shallbe entitled to collect afl expenses incurred fa pursuing the remedies provided fa thb Section 22, including, but not limited to, reasonable attorneys' fees andcostsof titleevidence. 23. Release. Lfaoapayrnenttfafl sums secured o^
Security Iifltimuail. Bonower shafl pay any recordation costs. Leno^rnay charge Bonower a fee for
releasing fob Security fastrument, but onfyff the fee bpaU charging of feefeeb permRted under AppRcahleLaw. 24. Attorneys' Fees. As used fa this Security fastrument and the Note, attorneys' fees" shall fadnde anyattorneys' fees awarded by an appellate court and any atronn^'
proceeding.
25. Jury Trial Waiver. The Borrower hereby waives any right to a trial by Jury fa any action, piwBfxfl^g, ihSmt nrrnrniferrfatm, igfrgfew faemfraflnf tart, Htfawnrfawqultyf arisfagOtttofOffaattV.
wayrefated to fob Security faadrument or fee Note.

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BY SIGNING BELOW. Borrower and agrees to fee terms andoovenanb ff**flftfwd fa fob Security Instrument andfaanyRider by Borrower and recorded wRbR. Stoned, seated and defivered fa(he presence
j(Seafl
Bonower
iSeafl
Dojjuuu
-(Seal)
Bonower
iSeafl
Bonower
JSeaD
Bonower
XSeaD
Bonower
_iSea!)
Bonower
-(Seal)
Boiiowa
fjftupory AaoTfiy
9183 0LMSTEADDJBVE LAKE WORTH a 33487
1507AVBOE
L0NGBRAKCH.NJ 07740
VMMA<Fl)exo3)
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Form 3010
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STATE OF FteraotA lO^tO

The foregoing Instturoent was
PBCVCASrUiO
befbremeftb^g^ tilOu cClT) *
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whob personally knownto me orwhohas produced
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Form 3010 1/01
A.
R/t/tlr9'f 70fi/Do/tA 4 fW v!
D~~~ 4fiA<04
MAR. 14.2011
2:30PM
561 655 1109
NO. 5985
P. 3/5
MIN SUMMARY-ALS La# 0040563561
@
Active (Registered)
Summary
1000352-3190672024-2
Foreclosure pending (Option 2),retained on

MERS
9193 OLMSTEAD DRIVE
MOM
First Lien
%
LAKE WORTH, FL 33467
Reg Date Comity

PrimaryBonower
Pool Number
Note Amount
05/04&007
Palm Beach
QR
SSN
CASTILLO,
PERCY
XXX-XX-9789
N/A
Investor Loan Number
0040563561
Servicer
Custodian Investor
04/27/2007 Note Date $513,000.00 1000259 - LehmanBrothers Holdings Inc. 1000567 - BankofAmerica, National AssociationasTrustee 1000567- Bank ofAmerica,NationalAssociation asTrustee
Subservicer
1000254 - Aurora Loan Services LLC

N/A
Interim Funder
^w
Originating Organization N/A
Property Preservation
Co. Batch Number
Â
Pending Batches
Transfer Type
Status
Transfer Date
Sale Date
No Pending Batches!
MILESTONES for 1000392-3190672024-2 Initiating
@
Milestone Information
Description
Date
Organization/User ..AnroraLoan MINStatus: Active(Registered)
Foreclosure Status 01/10/2009 Update Batdh
^ ^ Services LLC Foreclosure Status: Foreclosure
Pending (option 2), retained on mers

Quality Review: Y
OCtfifcrr C
AJLSOD01
MAR. 14.2011
2:31PM
561 655 1109
NO. 5985
P. 4/5
1000254
Aurora Loan
Services LLC
MIN Status: Active (Registered)

New Investor: 1000567 Bank of America,National Association as
Trustee
Transfer Beneficial
Rights-Option 2
07/17/2007
Batch
Old Investor: 1000487 Aurora Bank

FSB Batch Number. 4774082
TransferDate: 07/17/2007
j^SSSc
Transfer ofFlow
MINStatus: Active (Registered)

New Servicer: 1000259 Lehman
Brothers Holdings Inc.

Old Servicer: 1000487 Aurora Bank FSB
Servicing Rights
07/12/2007
Batch
Batch Number. 4753756 Sale Date: 07/10/1007

TransferDate: 07/10/2007
FirstMagnus MIN Status: Active (Registered) Financial Corp. NewInvestor 1000487 Aurora
vSSSSSUm 05/23/2007
Rights
WferftfFIniB
!flfiS222&FkstMagnus BankFSB
Trust
"*^ Magnus Financial Corp. &First OldInvestor: 1000392First

Magnus liquidatingTrust
Batch Number 4616106 TransferDate: 05/22/2007
UZBETB WATSON
First Magnus MIN Status: Active (Registered) Financial Corp. New Servicer. 1000487 Aurora
1000392 &First Magnus Bank FSB
Liquidating
Transfer of Flow
Trust
Old Servicer: 1000392 First

Magnus Financial Corp. &First Magnus Liquidating Trust
New Subservicer: 1000254 Aurora Loan Services LLC Old Subservicer: None BatchNumber. 4616106 Sale Date: 05/22/2007 Transfer Date: 05/22/2007
TOS/TOB Servicing 05/23/2007 Rights

UZBETH WATSON
FirstMagmis m^ status: Active OEtegistered)
. . Registration
a^m âÎ^S^' Servicer: 1000392FirstMagnus 05/04/2007 1000392 &First Magnus FjnancM<*rp.&Fir*Magnus Liquidating liquidating Trust
Trust n
ALS 0002
N Auditmr 1000392-3190672024-2 - ALS Ln No 0040563561 - Castfflo
@
Updated By
User Name
10)
Date
Field Name
Before Value
After Value
Action n 11/2011 Investor loan number 0040563561
Org IB
Batch User ID
date
11/2011 InvestorOrglD date 1000567
10002S5
1000001
Batch User ID 1000001
i9/7flna Security instrument

date
21728
Batch
1000254
12/2009 pageJbUo number Sec^.*0**"31*

date
0999
Batch
1000254
10/2009 Foreclosure status
Foreclosure Fending (option 2), retained on

MERS
Batch
date
1000254
24/2008 ^camentCustodianOrg
date
01/2008 Investor loan number
1000567
Batch
1000254 0040563561 Batch 1000254
date
04/2008 Quality Control flag
No
Yes
Batch
ALS
ate
3/2007
1000254
OrigjttdReooidmg:SI#-200702333I3,Baotit- niroirV'T>r><3'r
. PageM-, KficoidingDt- 05/14/2007

1000567
SHHRRYRDST
1000392
1000487
Botch User ID
1000001
7/2007 InvestorOrglD ate
N Aoditfor 1000392-3190672024-2
>
Updated By User
Name
-14)
Pate
Field Name
Action
BeforeValue
Afier Value
Org ID
1000259
Servicer Org ID
1000487
BatchUser ID
1000001
12/2007 date
InvestorOrglD
1000392
1000487
BatohUserlD
1000001
23/2007 date
23/2007 date
ServicerOrg ID
1000392
1000487
BatchUser ID
1000D01
Sub Servicer Org ID
1000254
BatchUser ID
1000001
23/2007 date
ALS

Aurora Robosigner Deposition - Joann Rein - Admits She Did Not Have To Know The Notary Laws!! Depo Terminated Early

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Aurora Robosigner Deposition - Joann Rein - Admits She Did Not Have To Know The Notary Laws!! Depo Terminated Early

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1

AURORA LOAN SERVICES,

PERCY CASTILLO; C. L. E. HOMEOWNERS

UNKNOWN TENANT (S)

TELEPHONIC DEPOSITION OF JOANN REIN,

before April E. O'Malley, General Notary Public

11:05 a.m., on the 17th day of November, 2011, at

& Certified Legal Video, L.L.C., 1321 Jones Street,

Omaha, Nebraska, pursuant to the Federal Rules of

FOR THE PLAINTIFF (VIA TELEPHONE) :

One North Clematis Street, West Palm Beach, FL 33401

FOR THE DEFENDANTS

1015 North State Road 7,

Royal Palm Beach, FL 33411

(561)729-0530 FAX(866)507-9888 amanda@ icelegal.com

GENERAL NOTARY PUBLIC FOR THE

Page Page Page Page Page Page Page Page

Assignment of Mortgage Mortgage

REIN -Direct (By Ms. Lundergan)

the following proceedings were

having been first duly sworn by Sandra J.

General Notary Public for the State of Nebraska,

Hanson leaves deposition.)

can you please state

your name for the record?

My name is Edna Joann Rein.

I'm just going to go over a few

instructions that your attorney may have told you,

but just a couple of things before we begin.

since we are doing this telephonically.

I complete by question before you answer, that way

Please try to give verbal answers only,

You can' t say uh-huh, huh-uh.

come out quite right on the transcript.

Court Reporting - Legal Video - Video Conferencing

REIN -Direct (By Ms. Lundergan)

I don't anticipate for this to go very

long, but if you do need a break, you need to take a

attorney instructs you not to.

He may make some

And if you don' t remember something or you

can you state who you work for?

I work for Aurora Bank,

And what's the address for

It's 2617 College Park,

And is that the address that you work at?

And do you live in Nebraska?

And how long have you lived in

About all my life.

Have you ever lived in Indiana?

Court Reporting - Legal Video - Video Conferencing

REIN - Direct (By Ms. Lundergan)

Are you aware that your attorney

represented that you lived in Indiana?

And if your attorney did, in fact,

represent that, that would be incorrect, right?

Have you ever been deposed before?

Have you ever been convicted of a

crime punishable of more than a year?

And have you ever been convicted of a

crime involving dishonesty,

And are you on any current medications or

alcohol that would impair your ability to testify