FRAUD.Upon.the.Court.Motion_BOA.v.Julme-FL.Case#CACE09-21933-051_2010-09-29.pdf

7/27/2019 FRAUD.Upon.the.Court.Motion_BOA.v.Julme-FL.Case#CACE09-21933-051_2010-09-29.pdf

1/30

IN THE CIRCUIT COURT OF THE 17 T H JUDICIAL CIRCUITIN AND FOR BROWARD COUNTY, FLORIDABANK OF AMERICA, NATIONAL ASSOCIATION,AS SUCCESSOR BY MERGER TO LASALLE BANK,N.A. AS TRUSTEE FOR THE MLMI TRUST SERIES2006-AR 1,

Plaintiff,Case #: CACE0 9-21933-05vs.

CELIZENA JULME; VILAMAR JULM E; ET AL,Defendant.

EMERGENCY MOTION TO CANCEL/POSTOPONE SALE, VACATE FINALJUDGMENT AND REQUEST AN EVIDENTIARY HEARING BASED UPON FRAUDON THE COURTComes now, the Defendants, CELIZENA JULME and VILAMAR JULME, and pursuant

to Florida Rules of Civil Procedure 1.1 00(b), 1.140 (b)(1)(6) and (h)(2) and 1.2 10 (a) and 1.540(b)requests this Court to Cancel/Postpone the sale date of October 29, 2009, Vacate the FinalJudgment and Request an Evidentiary Hearing Based Upon Fraud on the Court and as groundstherefore states:

1. The Plaintiff, BANK OF AMERICA, NATIONAL ASSOCIATION ASSUCCESSOR BY MERGER TO LASALLE BANK, N.A. AS TRUSTEE FORTHE MLMI TRUST SERIES 2006-AR I (BOA), filed their complaint on April16, 2009, without proper standing to do so, and made material misrepresentationsin their pleadings.

2. An assignment was never recorded, never attached to any Compliant or otherdocument. Only a purported Assignment was provided to the Court months lateron July 31, 20 09.

3. Said Assignment is bogus, was back-dated and delivered to the Court by Plaintiff(or Plaintiff's counsel), when Plaintiff knew that the purported Assignment wasfraudulent.. (See attached Exhibit A)

Source: http://LivingLies.files.wordpress.com/2010/09/9-29-10florida-motion-fraud-on-the-court-bank-of-america-vs-julme-case-cace09-21933-051.pdf


2/30

4. The Assignment can readily be determined to be bogus and backdated, becausethe Notary, Richard E. Price, did not have his present Notary Public Commissionuntil March 25, 2006. The four-year term for his Notary expires on 03/25/10.How could he have notarized the alleged Assignment on 01/23/06, more then twomonths before he received his Notary? (See attached Exhibit B)

5. Furthermore, BOA is a trustee in this case, and does not and cannot own themortgage, as they are acting on behalf of the investment trust. BOA has claimedthat they are the owner and the h older of the note, which is fraudulent statement.

6. In addition to not having standing and claiming that they own and hold the noteand mortgage, BOA falsely alleged, "The original note has been lost and is not inthe custody or control of Plaintiff. The note was continuously in possession andcontrol of Plaintiff's assignors and predecessors from the date of its executionuntil the loss and has not been paid or otherwise satisfied, assigned ortransferred".

7. Since BOA is not the owner and holder of the note, nor where they at the time offiling this foreclosure action, they cannot simultaneously claim, "The originalnote has been lost."

8. BOA, as trustee for mortgage-backed securities has been filing foreclosureactions across the United States under false, deceptive, and misleadingrepresentations without any legal standing to do so, representing a pattern ofcorrupt and illegal activity.

9. BOA's complaint clearly establishes that an entity other then BOA was in fact thetrue owner of the claim at the time the lawsuit was filed. BOA has failed toestablish through any of its filings that it owned or held the mortgage or thepromissory note at the commencement of this action. BOA is not, and never wasthe real party in interest, and is no t authorized to b ring this foreclosure action.

10. BOA attached to its complaint a copy of a Mortgage dated January 12, 2006,containing terms of the agreement between the parties that contracted to same, theBorrower (Defendants), CELIZENA JULME and VILAMAR JULME, and theLender, Argent Mortgage Company, LLC.

FC770035


3/30

11. In Florida, the prosecution of a residential mortgage foreclosure action must bebrought by the owner and holder of the mortgage and note. Plaintiff is notentitled to maintain an action if it does not own and hold the note which ispurportedly secured by the subject mortgage. Your Construction Center, Inc. v.Gross, 316 So. 2d 596 (Fl. 4 t h DCA 1975), Greenwald v. Triple D Properties,inc., 424 So. 2d 185, 187 (Fla. 4 th DCA 1983).

12. The plaintiff BOA's lack of ownership of the mortgage and promissory note inthis case goes to the heart of its claim of standing, permeates the entire proceedingand subverts the integrity of the action. Metropolitan Dade County v. Martinsen,736 so. 2d 7 94 (Fla. 3 r d DCA1999).

13. Standing requires that the party prosecuting the action have a sufficient stake inthe outcome and that the party bringing the claim be recognized in the law asbeing a real party in interest entitled to bring the claim. This entitlement toprosecute a claim in Florida courts rests exclusively in those persons granted bysubstantive law, the power to enforce the claim. Kumar Corp. v. Nopal Lines,Ltd, et al, 462 So. 2d 1178, (Fla. 3d DCA 1985).

14 . In an attempt to cover up their sham pleadings, BOA filed a purported originalnote and assignment of mortgage with the court on July 31, 2009, over threemonths after the filing of the lawsuit.

15. These filing, besides being over three months late, as opposed to the statutoryrequirement of being included with the filing of the complaint, still fail to giveBOA standing.

16. In addition to the non-recorded fraudulent purported assignment (see aboveparagraphs 2-4), the Note that was filed is endorsed to U.S. Bank NationalAssociation, as Successor Trustee to BANK OF AMERICA, NATIONALASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK, N.A.AS TRUSTEE FOR THE MLMI TRUST SERIES 2006-AR1, clearly not thePlaintiff in this case (See attached Exhibit C).

l 7.urthermore, Bank of America didn't enter into an agreement to purchase LaSalleBank until April 23, 2007 and didn't officially take over LaSalle Bank untilOctober 1, 2007. How could documents such as the Note and the allegedFC770035


4/30

Assignment, both allegedly signed and endorsed in January of 2006, indicateBank of America as Successor to LaSalle Bank, a merger that didn't take placeuntil over 1 and '/2 years later? Unless the Plaintiff can demonstrate their abilitiesof clairvoyance, said documents were clearly doctored and fabricated inanticipation of litigation. (See attached E xhibit D)

18. Even the bogus assignment provided was not recorded as required by FloridaLaw.

19. Fla. Stat. 701.02 states in pertinent part:(1) An assignment of a mortgage upon real property or of any interesttherein, is not good or effectual in law or equity, against creditors orsubsequent purchasers, for a valuable consideration, and without notice,unless the assignment is contained in a document that, in its title, indicatesan assignment of mortgage and is recorded according to law .

Florida Courts have also held that an assignment must be executed before a partymay file suit. See Progressive Exp. Ins. Co. v. McGrath CommunityChiropractic,913 So.2d 1281, 1287 (Fla. 2 n d DCA 2005) (Where an insuranceprovider alleged that insurance benefits were assigned to it without producing awritten instrument, then amended the claim with a written instrument dated sixmonths after the filing of the suit, held that the provider lacked standing becausethere was no assignment at the time that the case was filed in court).

20. Not only has BOA failed to provided any documentation whatsoever that they arethe real party in interest in this case, their status as Trustee limits theirauthorization to act, and they are barred from taking any action not specificallyauthorized under the Pooling and Servicing Ag reement (PSA).

21. Florida law is clear that a bank is acting ultra vires if its trust department exercisesa pow er not expressly granted to it by the trust agreement.

22. The respective powers of a Trustee must be interpreted by the Plan Documents,especially the Trust Agreement. Celotex Corp. v. City of New York, 487 F.3d1320 (11 t h Cir. 2007). Furthermore, "From the trust, the trustee derives the ruleof his conduct, the extent and the limit of his authority, the measure of hisobligation." Jones v. First Nat'l Bank in Fort Lauderdale,226 So. 2d 834, 835(Fla. Dist. Ct. App 1969). Also, "The trustee can properly exercise such powers

FC770035


5/30

and only such powers as (a) are conferred upon him in specific words by theterms of the trust, or (b) are necessary or appropriate to carry out the purposes ofthe trust and are not forbidden by the temis of the trust." Restatement (Second) ofTrusts Sec. 186 (1959).

23. In the majority of Mortgage Backed Securitized Trusts, as in the case at present,the applicable Trust documents are public record and filed and recorded online atwww.secinfo.com . The applicable Pooling and Servicing agreement whichgoverns BOA's conduct and outlines their specific powers conferred upon them inthe administration of The MLMI Trust Series 2006-ART is a 195 page document,which applicable parts referenced will be attached to this motion. (See AttachedExhibit E).

24. SECTION 2.01. Conveyance of M ortgage LoansThe Depositor, concurrently with the execution and delivery hereof,does hereby sell, transfer, assign, set over and convey to the Trusteewithout recourse all the right, title and interest of the Depositor inand to the assets of the Trust Fund. Such assignment includes allinterest and principal received on or with respect to the MortgageLoans on or after the Cut-off Date (other than Scheduled Payments dueon the Mortgage Loans on or before the Cut-off Date).In connection with such assignment, the Depositor does hereby deliverto, and deposit with the Trustee the following documents orinstruments with respect to each Mortgage Loan:

(A) The original Mortgage Note endorsed in blank or, "Payto the order of LaSalle Bank National Association, as trustee,without recourse" together with all riders thereto. The MortgageNote shall include all intervening endorsements showing acomplete chain of the title from the Transferor to

(B) Except as provided below and for each M ortgage Loan that isnot a MERS Loan, the original recorded Mortgage together with allriders thereto, with evidence of recording thereon, or, if theoriginal Mortgage has not yet been returned from the recording office,a copy of the original Mortgage together with all riders theretocertified to be a true copy of the original of the Mortgage that hasbeen delivered for recording in the appropriate recording office ofthe jurisdiction in which the Mortgaged Property is located and in thecase of each MERS Loan, the original M ortgage together with all ridersthereto, noting the presence of the MIN of the Loan and eitherlanguage indicating that the Mortgage Loan is a MOM Loan or if theFC770035


6/30

Mortgage Loan was not a MOM Loan at origination, the original Mortgageand the assignment thereof to MFRS, with evidence of recordingindicated thereon, or a copy of the Mortgage certified by the publicrecording office in which such Mortgage has been recorded.

(C) In the case of each Mortgage Loan that is not a MERSLoan, the original Assignment of each Mortgage in blank or, to"LaSalle Bank National Association, as trustee."

(D) The original policy of title insurance (or a preliminarytitle report, commitment or binder if the original title insurancepolicy has not been received from the title insurance company).

(E) Originals of any intervening assignments of theMortgage, with evidence of recording thereon or, if the originalintervening assignment has not yet been returned fromtherecording office, a copy of such assignment certified to be atrue copy of the original of the assignment which has been sentfor recording in the appropriate jurisdiction in which theMortgaged Property is located. (EMPHASIS ADDED)

(F) Originals of all assumption and modification agreements, ifany.

(G) If in connection with any Mortgage Loan, the Depositor cannotdeliver the Mortgage, Assignments of Mortgage or assumption,consolidation or modification, as the case may be, with evidence ofrecording thereon, if applicable, concurrently with the execution anddelivery of this Agreement solely because of a delay caused by thepublic recording office where such Mortgage, Assignments of Mortgageor assumption, consolidation or modification, as the case may be, hasbeen delivered for recordation, the Depositor shall deliver or causeto be delivered to the Trustee written notice stating that suchMortgage or assumption, consolidation or modification, as the case maybe, has been delivered to the appropriate public recording office forrecordation. Thereafter, the Depositor shall deliver or cause to bedelivered to the Trustee such Mortgage, Assignments of Mortgage orassumption, consolidation or modification, as the case may be, withevidence of recording indicated thereon, if applicable, upon receiptthereof from the public recording office. To the extent any requiredendorsement is not contained on a Mortgage Note or an Assignmentof Mortgage, the Depositor shall make or cause to be made suchendorsement.

(H) With respect to any Mortgage Loan, none of the Depositor, theServicer or the Trustee shall be obligated to cause to be recorded theAssignment of Mortgage referred to in this Section 2.01. In the eventan Assignment of Mortgage is not recorded, the Servicer and theTrustee shall have no liability for their failure to receive and acton notices related to such Assignment of Mortgage.FC770035


7/30

25. As emphasized above in letters (A), (C), and (E) for a mortgage loan to beincluded into this trust it MUST include a recorded Assignment as well as anOriginal Note, both endorsed in blank or "Pay to the order of LaSalle BankNational A ssociation, as trustee".

26. BOA has provided a bogus Assignment, that is not recorded and a PromissoryNote, both of which are endorsed to U.S. Bank N ational Association, as SuccessorTrustee to BANK OF AMERICA, NATIONAL ASSOCIATION ASSUCCESSOR BY MERGER TO LASALLE BANK, N.A. AS TRUSTEE FORTHE M LMI TRUST SERIES 2006-ARI .

27. Besides clearly not being in compliance with the Trust, the Plaintiff BOA hasfailed to produce any evidence that they are "Successor by Merger to LaSalleBank", nor is there any indication as to what U.S. Bank National Association asSuccessor Trustee has to do with the Plaintiff in this case.

28. A Trust cannot sue outside the parameters of its own contract that give it life andpowers. Outside the PSA the Trust has no existence and no powers.

29. Such fraudulent behavior of filing foreclosure lawsuits without proper standing todo so is an increasing nationwide problem, and numerous state, federal districtand bankruptcy cou rts have caused actions such as the present one to be dismissedfor failure to state a claim.

30. As held in In Re Foreclosure Actions, "A Foreclosure plaintiff, especially onewho is not identified on the note and/or mortgage at issue, must attach to itscomplaint documentation demon strating that it is the owner and holder of the n oteand mortgage upon which suit is filed. In other words, a foreclosure plaintiff

FC770035


8/30

must provide that it is the owner and holder of the note and mortgage as of thedate the foreclosure action is filed, Appropriate "documentation" includes, but isnot limited to, trust and/or assignment documents executed before the action was

commenced, or both as circumstances may require." 2007 WL 4034554 at *I(N.D. Ohio 2007).

31. In Nosek v. Am eriquest Mortgage Com pany (In re Nosek), 386 Br. 374 (Bankr DMass. 2008), during five years in which a chapter 13 bankruptcy proceeding waspending, the note and mortgage and associated claims had been prosecuted byAmeriquest which had represented itself to be the holder of the note andmortgage. It was not disclosed until later on down the road that they were merelythe servicer. In addition there wasn't even an assignment of the servicing rightsuntil three years after the chapter 13 bankruptcy had been pending. The Courthad previously noted on more then one occasion that parties who do not hold thenote of mortgage do not service the mortgage do not have standing to pursue

motions for leave or other actions arising from the mortgage obligation. As aresult of these misrepresentations, the C ourt sanctioned the local law firm that hadbeen prosecuting the claim $25,000 and Ameriquest Mortgage was sanctioned$250,000. (In addition national counsel was sanctioned $100,000 and WellsFargo Bank as trustee was sanctioned $250,000, but these sanctions wereoverturned on appeal).

32. In Deutsche Bank Nat'l Trust Co. v. Steele, 2008 WL 111227 (S.D. Ohio), theCourt refused to allow Deutsche Bank Nat'l Trust to proceed with foreclosure

FC770035


9/30

proceedings until they could show, by a preponderance of the evidence, that itowned the no te and mortgage when the com plaint was filed.

33 . Rule 1.210(a) of the Florida Ru les of Civil Procedure provides, in pertinent part:

Every action may be prosecuted in the name of the real party in interest, but apersonal representative, administrator, guardian, trustee of an express trust, aparty with whom or in whose name a contract has been made for the benefit ofanother, or a party expressly authorized by statute may sue in that person's ownname without joining the party for whose benefit the action is brought...The Plaintiff, BOA, m eets none of these standing and pleading criteria.

34. In Florida, the prosecution of a foreclosure action is by the owner of the mortgageand the holder of the promissory note.

35. No Florida case holds that a separate entity can maintain suit on a n ote payable toanother entity unless the requirements of Rule 1.210(a) of the Florida Rules ofCivil Procedure and applicable Florida law are met. Corcoran v. Brody, 347 So.2d 689 (Fl. 4th DCA 1977).

36. Fla.R.Civ.P. Rule 1.310(b) provides that all exhibits attached to a pleading shallbe considered a part of the pleading for all purposes. It appears on the face of thePlaintiff's Complaint and the documents attached thereto that the Plaintiff is notthe proper party to bring this action.

37. When exhibits are inconsistent with the Plaintiffs allegations of material fact asto who the real party in interest is, such allegations cancel each other out. Fladelllv. Palm Beach County Canvassing Board., 772 So.2d 1240 (Fla. 2000);Greenwald v. Triple D Properties, Inc., 424 So.2d 185, 187 (Fla. 4th DCA 1983):Costa Bella Development Corp. v. Costa Development Corp., 441 So.2d 1114(Fla. 3rd DCA 1983).

38. "The determination of standing to sue concerns a court's exercise of jurisdiction tohear and decide the cause pled by a particular party." Rogers & Ford Const. Corp.v. Carlandia Corp.626 So.2d 1350,1352 (Fla.1993).

39. In the instant case, the Plaintiff, BOA, knew and was fully aware that it wasasserting a right to foreclose as if it was the owner and holder of subject mortgageand promissory note when the Plaintiff knew that such right did not exist.

FC770035


10/30

Furthermore they committed open fraud in attempting to fabricate standing to filethis foreclosure case.

40. "A plea is considered 'sham' when it is palpably or inherently false, and from theplain or conceded facts in this case, must have been known to the partyinterposing it to be untrue." Rhea v. Halkney, 157 So. 190, 193 (Fla. 1943);0 'Berry v. Pearson, 186 So. 430 (1939); Furst v. Blackman, 744 So.2d 122(Fla.4th DCA 1999), Reif Development, In. v. Wachovia M ortg. Co., 340 So.2d 1267(Fla.4 t h DCA1976).

41. The integrity of the civil litigation process depends on the truthful disclosure offacts. M etropolitan Dade County v. Martinson, 736 So.2d 794 (Fla. 3rd DCA1999), Andrews v. Palmas De Majorca Condo, 898 So.2d 1066 (Fla. 5th DCA2005).

42. A trial court has the inherent authority, within the exercise of sound judicialdiscretion, to dismiss an action when a Plaintiff has perpetrated a fraud on thecourt. Arzuman v. Saud, 843 So.2d 950 (Fla. 4th DCA 2003), Piunno v. R.F.Concrete C onstr., Inc., 904 So.2d 658 (Fla. 4th DCA 2005).

43. A party guilty of fraud or misconduct in the prosecution of a civil proceedingshould not be permitted to continue to employ the judiciary to achieve its ends.Andrews v. Palms De Majorca Condominium, 898 So. 2d 1066 (Fla. 5th DCA2005).

44. It is appropriate for the trial court to dismiss an action based on fraud, wherethere is blatant show ing of fraud, pretense, collusion, or other similar wrongdoing.Distefano v. StateFarm M utual Auitomo bile Ins. Co., 846 So.2d 572, 574 (Fla. 1stDCA 2003).

45. Defendant seeks a dismissal of the Plaintiff's complaint on the basis of fraud onthe court and under the circumstances of this case, "a formal evidentiary hearingon this motion to dismiss, as well as permissible discovery prior to the hearing, isrequired." Dynasty Express Corporation v. Weiss, 675 So.2d 235, 239 (Fla. 4thDCA 1996).

46. Unfortunately, such factual situations like this occur all of the time, and BOAfiles thousands of foreclosure lawsuits throughout the country, while never

FC770035


11/30

owning the note in many suits they bring, while they make the same fraudulentclaims before the court, often going unchallenged as they foreclose on peoples'homes.

47.lorida Rule 1540(b) also gives relief from judgment, decrees or orders if there ismerit to the case, which there is in this case. In paragraph (b) on motion andupon such terms that are just, the court may relieve a party or a party's legalrepresentative from a final judgment, decree, order, or proceeding for thefollowing reasons:

i. Mistake, inadvertence, surprise, or excusable ne glect;ii . Newly discovered evidence which by due diligence could

not have been discovered in time to move for a new trial orrehearing; and

iii. Fraud (whether heretofore denominated intrinsic orextrinsic), misrepresentation, or other misconduct of anadverse party.

The rule does no t limit the pow er of a court to entertain an independe nt action to relieve aparty from a judgment, decree, order or proceeding or to set aside a judgment or decreefor fraud upon the court. From the plaintiff's own pleading, it is easy to see where therehave been b oth fraud and misrepresen tation in this case.

WHEREFORE, the Defendants, CELIZENA JULME; VILAMAR JULME,request this Court to Cancel the foreclosure sale scheduled for October 29, 2009 pendinga full Evidentiary Hearing; vacate the Final Judgment of Foreclosure, dismiss thePlaintiff's complaint with prejudice; award the Defendant attorney's fees and for all otherrelief to which the Defendant proves h imself entitled.

FC770035


12/30

CERTIFICATE OF SERVICEI HEREBY CERTIFY that a true and correct copy of the foregoing was forwarded via

facsimile and U.S. Mail, on thisc0 2 day of September, 2009, to: Gabrielle M. Strauss, SMITH,

HIATT & DIAZ, P.A., Attorneys for Plaintiff, P. 0. Box 11438, Ft. Lauderdale, Florida 33339-1438; Fax: (954)564-9252.

LOAN LAW YERS, LLCAttorneys for Defendant377 No rth State Road 7, Suite #202Plantation, FL 3331 7Telephone:954) 523-4357Facsimile:81-2786B : ATIS H. ABFB N 130435 ANEL, ESQ.

FC770035


13/30

Witness Shantya Pace

Witness Wendeliz Estrada

State of New YorkCounty of Westchester

Argent Mortgage Company, LLC(Assignor)

(Signature) Marci- agen(Sea

EXHIBITRichar

Wilshire Credit Corporation14523 SW M illiken Way #200Beaverton, OR 9700521L 6421a WM*.

Loan No. 0092370675 - 9605

This form was prepared by Argent Mortgage Company, LLCAddressPark Plaza, 10th Floor, Irvine, CA 92614Telephone No. (888)311-4721

ASSIGNMENT OF MORTGAGEFOR VALUE RECEIVED, the undersigned holder of a Mortgage (herein "Assignor") whose address is

3 Park Plaza, 10th Floor, lrvine, CA 92614does hereby grant, sell, assign, transfer and convey, unto** herein "Assigneaorganized and existing under the laws ofwhose address isa certain Mortgage dated 01/12/06, made and executed by

VILAMAR JULME and CELIZENA JULME, Husband and Wife***U.S. Bank National Association, as Successor Trustee to Bank of America, National

Association, as successor by merger to LaSalle Bank, N.A. as Trustee for the NMITrust Series 2006ABIto and in favor of Argent Mortgage Company, LLC upon thefollowing described property situated in BROWARD County, State of Florida:

"EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF"such Mortgage having been given to secure payment of three hundred sixty-nine thousand seven hundred fifty a($ 369,750,00 ) which Mortgage is of Record in Book, Volume, or Liber

Include the Ofigrhal Phocipal Amount at Loanirz A (41(0NO.41326 , at page 45-6/ (or as Noler119ZZA) of the COUNTY Records of BROWARD County. State of Floridatogether with the note(s) and obligations therein described and the money due and to become due thereon with interesand all rights accrued or to accrue under such Mortgage.

TO HAVE AND TO HOLD the same unto Assignee, its successor and assigns, forever, subject only to the termand conditions of the above-described Mortgage,

IN WITNESS WHEREOF, the undersigned Assignor has executed this Assignment of Mortgage on 01/23/200

On 01/23/2006 before me, Richard E. Pricepersonally appeared Marcia Morganpersonally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/asubscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theauthorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalfwhich is the person(s) acted, executed the instrument.

WITNnd official seal.750-FL 0212505) Rev 03

RICHAPIt i E. PIAICEN O T A R Y P U B L I C , S T A T E O F N E W Y O R K

N O . 01PF 15057755Q U AL IF IE D IN W E S T CHE S T E R CO U N T Y

C O M M I S S I O N E X P I R E S M A R C H 2 5 , 20IA)


14/30

Department of StateDivision of Licensing Services

Licensee Inform ationID Number: 01PR5057755

Name: PRICE RICHARD EBusiness Name: NOT APPLICABLE

Business Address: NOT APPLICABLE

County: WESTCHESTERLicense Type: NOTARY PUBLIC

Expires: 03/25/2010

[ Name Search ] [ Business Name Search ] [ ID Search ][ Licensee Search Menu ]

[ Division of Licensing Services Horne Paoc I [ NYS Department of State Hom e Page

EXHIBIT/24/2009 1:2


15/30

t_,4 County Clerk VideosCounty Clerk Brochures

d.F Starting a Business,.er Need a Legal Record ,

ito

Office o f the Cou nty Cle rk. Westchester County, New York PUBLIC VIEWER FAQs CONTACT US DIRECTIONS QUESTIONS

Laoal Drasron'uloirc ,Renewng Your Notary Pubkc CorrrnssionkRenewing Your Notary Public CommissionHow do I renew my notary public commission?

The term of a notary public expires after four years A renewal application is mailed to thenotary approximately three months prior to the expiration of his or her commission Pleasesend this notary renewal form, along wth a $60 00 fee payable to "Westchester CountyClerk" to The Office of the Westchester County Clerk, 110 Dr. Martin Luther King Jr. BlvdAttn Notary Dept , Room 330, White Plains. NY 10601 It IS recommended that you includea sett addressed, stamped envelope, so that a receipt can be returned to you once yourrenewal is processed by this office.If you have renewed in a timely fashion, once you have a receipt from this office you may addfour years to your expiration date and continue to notarize. You do not need to wait toreceive your identification card from the Department of State It may take three or fourmonths from the time you renew wth this office for you to receive your identification cardfrom the ItwYork StgeDepartme_gtof StateIf you have lost or misplaced your Notary Renewal Form, please contact our NotaryDepartment via phone at (914)995-3071 or email CC-Notarywestchestergov corn arid wecan arrange to have an emergency renewal Form sent to you.

Copyright 2007 Westchester County Clerk All Rights ReservedN G duplication or reuse of any item valhout the eaptess written consent of the Office of the Westchester County Clerk

Privec_ypottc_y i Web Access i lmay Pc iac_y I pisclairrier/1A /Intl 1 ."11


16/30

..umber: 0092370675 - 9605

ADJUSTABLE RATE NOTE 2 I 7 _ 0 - 4 2 b(LIBOR Index Rate Caps)

THE STATE DOCUMENTARY TAX DUE ON THIS NOTE HAS BEEN PAID AND THE PROPER STAMPS HAVE BEEAFFIXED TO THE MORTGAGETHIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHPAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND TMAXIMUM RATE I MUST PAY. THIS LOAN HAS A PREPAYMENT PENALTY PROVISION.

January 12, 2006hite PlainsY[Date)City!State]721 NW 70 TERRACE, PLANTATION, FL 33317[Property Address)1. BORROWER'S PROMISE TO PAYIn return for a loan that I have received, I promise to pay U.S. $ 369,750.00 (this amount is called "principal"), pluinterest. to the order of the Lender. The Lender is Argent Mortgage Company, LLC .I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and whoentitled to receive payments under this Note is called the "Note Holder."

2. INTERESTInterest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest ayearly rate of 6.750 %. This interest rale I will pay may change in accordance with Section 4 of this Note. Tinterest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any defaudescribed in Section 7(B) of this Note.3. PAYMENTS

(A ) Time and Place of PaymentsI wil l pay principal and interest by making pa yments every m onth.I wil l make m y monthly paymen ts on the first day of each month beginning on March 1, 2006 I will make thepayments every m onth unti l I have paid all of the principal and interest and any other charges described below thI may owe under this Note. My monthly payments will be applied to interest before principal. If, on February2036 , I st i l l owe amounts und er this Note, l wil l pay those am ounts in full on that date, which is ca lled the maturdate.I will make my payments at: 505 City Parkway West, Suite 100, Orange, CA 92868or at a different place if required by the Note Holder.

(B ) Amount of My Initial Monthly PaymentsEach of my initial monthly payments will be in the amount of U.S. $ 2,398.20 . This amount may change(C ) Monthly Payment ChangesChanges in m y mon thly payment wil l reflect changes in the unpaid principal of my loan and in the interest rate thamust pay. The N ote Holder wil l determine my new interest rale and the changed am ount of my m onthly payment iaccordance with Section 4 of this Note.

4. INTEREST RATE AND MONTHLY PAYMENT CHANGES(A ) Change Dates

The interest rate I will pay may change on the first day of February, 2008 , and on that day every sixth monthereafter, Each date on w hich my interest rate could change is called a "Change Date."(B ) The Index

Beginning with the first Change Date, my interest rate will be based on an index. The "Index" is the averageinterbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR").published in The Wall Street Journal. The most recent Index figure available as of the dale 45 days beforeChange D ate is called the "Current Index."if at any point in time the Index is no longer available, the Note Holder will choose a new index that is based upcomparable information. The Note Holder will give me notice of this choice.

(C ) Calculation of ChangesBefore each Change Date, the Note Holder wil l calculate my new interest rate by adding six percentage point(s6.000 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eigof one percent (0.125%). Subject to the limits staled in Section 4(D) below, this rounded amount will be my neinterest rate until the next Change Date. The Note Holder will then determine the amount of the monthly paymethat would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on thMaturity Date at my new interest rate in substantially equal pa yments. The result of this calculation wil l be the neamount of my monthly payment.

EXHIBIT Initiers /2201-1FL (Rev 07)031 1 of 3 01/12/2005 6 56 53


17/30

Loan Number: 0092370675 -960(0) Limits on Interest Rate ChangesThe interest rate I am required to pay at the first Change Date will not be greater than 8.750 % or less th6.750%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by mothan One p ercentage point(s) 1.000%) from the rate of interest I have been p aying for the preceding six montMy interest rate will never be greater than 12.750 % or less than 6.750 %.

(E ) Effective Date of ChangesM y new interest rate will become effective on each Change Date. I will pay the amount of my new m onthpayment beginning on the first monthly payment date after the Change Date until the amount of my monthpayment changes again.(F ) Notice of ChangesTh e Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of m y monthpayment before the effective date of any change, The notice will include information required by law to be given mand also the tit le and telephone number of a person who will answer any question I may have regarding the notic5. PREPAYMENT PRIVILEGEmay repay all or any part of the principal balance of this Note in accordance with the terms of this Section. "prepayment" is any amount that I pay in excess of my regularly scheduled payments of principal and interest ththe Lender will apply to reduce the outstanding principal balance on this Note in accordance with this Section.(A ) Prepaym ent Mad e Two (2.00) year(s) After the Date of this NoteI will not have to pay a prep ayment cha rge if I make a prep ayment on the Tw o (2.00) year anniversary of the dthis Note is executed, or at any time thereafter.(B ) Prepaym ent Made W ithin Two (2.00) year(s) of the Date of this Note

I will pay Lender a prepayment charge if, in any twelve (12) m onth period before the Two (2.00) year(s) anniversarof the date this Note is executed, I prepay more than 20% of the original principal balance of this Note, Thprepayment charge will be six (6) months interest, at the rate then in effect on this Note, on the amount in excess o20% of the original principal balance that I prepay within such 12 month period.(C ) Application of FundsI agree that when I indicate in writing that 1 a m m aking a prepaym ent, the Lender shall apply funds it receives fito pay any prepayment ch arge and next in accordance with the order of application of payments set forth in Secti2 of the Security Instrument.(D ) Monthly PaymentsIf I make a prepayment of an amount less than the am ount needed to com pletely repay all amounts due unde r thNote and Security Instrument, my regularly scheduled payments of principal and interest will not change as result.

6. LOAN CHARGESIf a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest oother loan charges co llected or to b e collected in connection with this loan exceed the permitted limits, then: (i) ansuch loan charge sh all be reduced by the am ount necessary to reduce the cha rge to the permitted limit; and (ii) ansums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder machoose to make this refund by reducing the principal I owe under this Note or by m aking a direct payment to me. If refund reduces the principal, the reduction will be treated as a partial prepayment.

7. BORROWER'S FAILURE TO PAY AS REQUIRED(A) Late Charges for Overdue Paymen tIf the Note Holder has not received the full amount of any monthly payment by the end of fifteen calendar daafter the date it is due, I will pay a late charge to the Note Ho lder, The amount of the charge will be 5.000% of moverdue payment of principal and interest. I will pay this late charge promptly but only once on each lapayment.(B ) Default

If I do not pay the full amount of each monthly payment on the date it is due, i will be in default.(C ) Notice of Defaultif I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overduamount by a certain date, the Note Holder m ay require me to pay imm ediately the full amount of principal whichas not been paid and all the interest that I owe on that amount. The date must be at least 30 days after thdate on which the notice is delivered or mailed to me.

(D ) No Waiver by Note HolderEven if, at a time when I am in default, the Note Holder does not require me to p ay immediately in full adescribed abo ve, the No te Holder will still have the right to do so if I am in default at a later time.(E ) Paymen t of Note Holder's Costs and ExpensesIf the Note Holder has required me to pay immediately in full as described above, the Note Holder will have tright to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited b

applicable law. Those expenses include, for exam ple, reasonable attorneys' fees8. GIVING OF NOTICES

Unless applicable law requires a different method, any notice that must be given to me under this Note will begiven by delivering it or by mailing it by first class mail to me at the Property Address abov e or at a differenaddress if I give the Note Holder a notice of my different address.Any notice that must be given to the N ote Holder under this Note will be given by mailing it by first class mad to thNote Holder at the address slated in Section 3(A) above or at a different address if I am given notice of thdifferent address

inaLals.e201.2F1 (Re,. 07103)of 3111212006 6.56 53 A


18/30

(SeaBorrowerPAY TO THE ORDER OFWITHOUT RECOURSEARGENT MORT9e 1 ' COMPANY, LLC

SAM MA ZOUK 'E SID(Sea

* * *

BY :BYB

A CHOWLow; Number: 0092370675 - 96059. OBLIGATIONS OF PERSONS UNDER THIS NOTE

If more than one person signs this Note, each person is fully and personally obligated to keep all of the promisemade in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety endorser of this Note is also obligated to do these things. Any person who takes over these obligations, includithe obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises madethis Note. The Note Holder may enforce its rights under this Note against each person individually or against all us together. This means that any one of us may be required to pay al l of the amounts owed under this Note

10. WAIVERSI and any other person w ho has obligations under this Note waive the r ights of presentment and notice of dishono"Presentment" me ans the r ight to require the Note Holder to demand paym ent of amounts due. "Notice of Dishonmeans the right to require the Note Ho lder to give notice to other persons that amounts due have not been paid.

11. UNIFORM SECURED NOTEThis Note is a uniform instrument with limited variations in some jurisdictions. In addition, to the protections giveto the Note Holder under this Note, A Mortgage , Deed of Trust or Security Deed (the "Se curity Instrument"), datthe same as this Note, protects the Note Holder from possible losses which might result if I do not keep thpromises that I make in this Note. That the Security Instrument describes how and unde r what conditions 1 ma y brequired to make immediate payment in full of all amounts I owe under this Note. Some of those conditions adescribed as follows:

Transfer of the Property or a Beneficial Interest in Borrower. If al l or any pa rt of the Property or any interest inis sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is riot a naturaperson) without the Lender's prior written consent, Lender may, at its option, require immediate payme nt in ful l of asums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise prohibited by fede ral law as of the date of this Security Instrument. Lender also shall not exercise this option if: (Borrower causes to be submitted to lender information required by Lende r to evaluate the intended transferee as a new loan were being made to the transferee; and (b) Lender reasonable determines that Lender's security wil l nobe impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this SecuriInstrument is a cceptable to Lender.To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition of Lendeconsent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that iacceptable to lender and that obligates the transferee to keep all the promises and agreements made in the Noand in this Security Instrument. Borrower wil l continue to be obligated under the Note and this Security instrumenunless Lender releases Borrowe r in writ ing.

If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice oacceleration, The notice shall provide a period of not less than 30 days from the date the notice is delivered omailed within which the Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pathese sums prior to the expiration of this period, Lender may invoke any remedies permitted by this SecurityInstrument without further notice or demand on Borrowe r

Oral agreements, promises or commitments to lend money, extend credit, or forbear from enforcing repaymenof a debt, including promises to extend, modify, renew or waive such debt, are not enforceable, This writteagreement contains all the terms the Borrower(s) and the Lender have agreed to. Any subsequent agreemenbetween us regarding this Note or the instrument which secures this Note, must be in a signed writing to blegally enforceable.

WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.

(Seal)Borrow CELIZENA JULME

***U.S. Bank National Association, as SuccessorTrustee to Bank of America, National Association,as successor by merger to LaSalle Bank, N.A. asTrustee for the MLMI Trust Series 200b-AR1

(Seal)Borrower

201.3FL (Rev 07103) 3 at 3 01/12/2006 6 56 53 A


19/30

NewsroomWelcome to Bank ofAmerica's NewsroomAre You a Journalist?Press ReleasesPress KitsPrime Rate InformationSpeechesVisit Bank of America'sHeritage CenterVisit Bank of America'sNewsroom in Spanish

Bank of A merica -- .4 eP Home Locations Contact Us Help Sign InSearch

Bank of America Completes Purchaseof LaSalle BankCommercial Real Estate Banking to be Based in ChicagoCHARLOTTE, N.C., Oct. 1 /PRkewsvvire-FirstCall/--Bank ofAmerica Corporation today completed its purchase of ABN AmroNorth America Holding Company, parent of LaSalle BankCorporation and its subsidiaries, from ABN Amro Holding NV tocreate the largest bank franchise by deposits in Illinois and inMichigan.(Logo: http://www.newscom.com/cgi-bin/prnh/20050720/CLWO86LOGO-b )Bank of America significantly expands its metropolitan Chicagoand Michigan presence by adding LaSalle's 17,000 commercialbanking clients, 1.4 million retail customers, 400 banking centersand 1,500 ATMs. Bank of America marks its retail branch entry inMichigan, where it now has 256 offices. It also adds LaSalle's sixbanking offices in Indiana,"LaSalle customers and commercial clients can now enjoy thebenefits of the largest retail bank in the nation," said Kenneth D.Lewis, Bank of America chairman and chief executive officer."Clients will have access to a world- class range of commercialbanking and wealth management products and services, andbenefit from Bank of America's demonstrated commitment to thecommunities it serves. We look forward to helping thousands ofnew customers and clients realize their dreams through thefinancial opportunities Bank of America can offer."Customer ConvenienceBeginning today, Bank of America and LaSalle customers canaccess the nation's largest network of more than 18,500 ATMs tomake cash withdrawals with no ATM fees. For example, a Bank ofAmerica customer can now withdraw cash from a LaSalle ATM inChicago with no fees and a LaSalle customer can now do thesame at any Bank of America ATM throughout the U.S.LaSalle customers should continue to bank as usual by phone,ATM, online or at their regular LaSalle branch. In addition,LaSalle customers should continue to use their LaSalle debit andATM cards. In the coming months customers will be notifiedabout the change from LaSalle Bank to Bank of America as wellas when they can begin using Bank of America offices for otherbanking services in addition to ATMs.Along with having the expanded depth and breadth of Bank ofAmerica's retail and small business banking services, LaSalle'scommercial clients will benefit from expanded credit and treasuryservices capabilities and enhanced access to global capitalmarkets and investment banking.LaSalle signs will begin to change to the Bank of America brandduring the first quarter of 2008. Those changes will take placethroughout 2008.In the CommunityBank of America also today announced a $70 billion communitydevelopment goal in Illinois and a $25 billion goal in Michigan tobuild on the outstanding track records of Bank of America andLaSalle in delivering capital and credit to low- and moderate-income and minority communities.The strategic plan for Illinois and Michigan are new goals in

EXHIBIT -)

eilchnno0-0


20/30

vtitas.koailvittucil.ply S- 00L1Le

support of Bank of America's national commitment of communitydevelopment lending and investment of $750 billion over 10years in low- and moderate-income and minority communities.The Illinois and Michigan goals also will occur in a 10-year periodbeginning in January of 2008 and are intended to address theunique needs of the market.During the course of the new 10-year strategic plan, the annualproduction for the combined company will average $7 billion ayear in Illinois, or $70 billion over the course of the plan. InMichigan, the company will average $2.5 billion a year or $25billion in the same period.The more than $17 million in combined annual philanthropicgiving in Michigan and Illinois by Bank of America and LaSallewill be sustained.

Executive LeadershipBank of America today also announced several

executive leadership changes.

LaSalle Bank Chairman Norman Bobins will become chairmanemeritus of LaSalle, assist in the merging of the twoorganizations and represent Bank of America in the community,with clients and customers. As previously announced, he willretire at the end of the year.LaSalle Bank President and Chief Executive Officer Robert Moorewill serve as the LaSalle transition executive working closely withBarbara Desoer, Bank of America's Global Technology andOperations executive. He will continue to oversee legacy LaSallebusinesses in addition to his transition duties. He has decided topursue other opportunities at the end of year.Bank of America also plans to relocate its Commercial Real EstateBanking headquarters to Chicago from Atlanta. Eugene Godbold,a 28-year veteran of the company, will continue as president ofthe business and move to Chicago. Bank of America is thenation's largest provider of commercial real estate financialservices.Additionally, Kieth Cockrell will assume a new role as the regionalexecutive for banking centers in Michigan, Illinois and Indiana.Cockrell, who most recently was the national sales executive forGlobal Consumer and Small Business Banking and joined Bank ofAmerica in 1993, also will serve as market president for Detroit.Cockrell previously served as consumer executive for theMid-Atlantic consumer division and before that was executivevice president of Debit, ATM and Smart Card Services. In 2000he was the Customer Service and Support executive managingcall centers nationwide.Bank of AmericaBank of America is one of the world's largest financialinstitutions, serving individual consumers, small and middlemarket businesses and large corporations with a full range ofbanking, investing, asset management and other financial andrisk-management products and services. The company providesunmatched convenience in the United States, serving 57 millionconsumer and small business relationships with more than 5,700retail banking offices, more than 17,000 ATMs and award-winning online banking with more than 22 million active users.Bank of America is the No. 1 overall Small BusinessAdministration (SBA) lender in the United States and the No. 1SBA lender to minority-owned small businesses. The companyserves clients in 175 countries and has relationships with 98percent of the U.S. Fortune 500 companies and 80 percent of theFortune Global 500. Bank of America Corporation stock (NYSE:BAC) is listed on the New York Stock Exchange.Photo: NewsCom: htto://www.newscom.cornicgi-bin/ornh1200507201CLWO8SLOGO-bAP Archive: htto://ohotoarchive.a_p_org/PRN Photo Desk, [email protected]: Bank of America/25/2009 9:5


21/30

IILLICA.p111.1:S-4.3OZILC

CONTACT: Investors: Kevin Stitt, +1-704-386-5667, LeeMcEntire,+1-704-388-6780, Leyla Pakzad, +1-704-386-2024, orReporters: LawrenceDi Rita, +1-704-941-1460, [email protected] ,Scott Silvestri,+1-980-388-9921, [email protected] , all ofBank of AmericaWeb site: h t tP ; L b l i w i o L b a n k o f a m e o _ c a m , /

Home . Pnvacy & Secunty . Careers . Site Mapl i4-alw"037'VIIBank of America, N.A. Member FDIC. Eguai housing Len_der CT 2009 Bank of America Corporation. All rights reserved./25/2009 9:


22/30

rs.1 vi,U1114.V1i nv L.43411LaSalle Bank Midwest N.A.

Main article: Standard Federal Bank

The m idwestern bank w as headquartered in Troy, Michigan, with $43 billion in assets and $24.1 billion indeposits. LaSalle was one of the largest banks in the M idwest, serving individuals, small businesses, middle-market com panies and institutions through 264 branches and 1,000 A TM s in Michigan and Indiana. It wasfounded in 1893 and was kno wn as Standard Federal Bank before it adopted the LaSalle name in 2005.Sale to Bank of America

On A pril 23, 2007, an agreement wa s made to sell LaSalle Bank Corporation to Bank of America for $21billion 1 1 1 Bank of Am erica Corp officially took over LaSalle Bank Corp on O ctober 1, 2007 [ 2 1 . Theacquisition m akes Bank of Am erica the largest bank by deposits in both Chicago and Detroit; Bank ofAm erica previously had a minimal presence in Chicago and no ne in Michigan 1 3 1 . The banks adopted theBank of America name on Sunday, May 4, 2000 1

SponsorshipsLaSalle sponsored a num ber of events in its Chicago hom e. Many of these events will now be re-brandedwith Bank of America's name.

s LaSalle Bank Open a Nationw ide Tour golf tournament The C hicago Marathons The Chicago W hite Soxs The International Music Foundation (http://www.im fchicago.org ) Dame Myra Hess MemorialConcerts The Navy Pier Winter WonderFests The Shamrock Shuffle (http://www .shamrockshuffle.com ) the largest 8 km race in the world

References. AABN AM R() announces USD 2 1 billion sale of LaSalle to Bank of America (http://www .abnamro.com/pressroom/releases/2007/2007-04-23-en-Ljsp) .

2, A Bank of Am erica j Newsroom - Press Releases (http://bankofamerica.mediaroom.com/index.php?s=press_releases&item=7885)3. A Bank of Am erica to buy LaSalle Bank for $21B, enters Chicago area - U.S. business - MSNBC .com(http://www.msnbc.msn.com/id/1826996204. ^ B ank of America nam e replaces LaSalle I lansingstatejournal.com j Lansing State Journal

(http://wvvw.lansingstatejoumal.com/apps/pbcs.d11/article?AID=/20080502/NEWS03/805020382)Retrieved from "http://en.wikipedia.org/wiki/LaSalle_Bank "Categories: Banks based in Illinois I Private banks I Bank of A merica legacy banks Defunct companiesbased in C hicago, Illinoiss This page w as last modified on 17 July 2009 at 09:22. Text is available under the Creative Comm ons Attribution-ShareAlike License; additional terms m ayapply. See Term s of Use for details./24/2009 5:0


23/30

SEC Info Home Search My Interests Help User Into Malls Abu

M ortgag e Lo an Asset-Backed Certificates/Series 2006-Arl 8-K Fo r 4/27/06 EX -4.1

Filed On 5/12/06 4:06pm ET SEC File 333-130545-03 Accession Number 950123-6-6324Findn this entire Filing.how Does searched and every "hit.Help. . . W i l d c a r d s : ? (any letter), * (many). L o g i c : for Does: & (and), I (or); for Text: I (anywhere), "(&)" (near).As Ofilerilings/For/On Docs:Pgsssue5112/06 Mortgage Loar. Asset-ac..:006-Arl 8-K(8,9)i2?/06:241Current Report Form 8-KFiling Table of Contents

Document/Exhibit Description Pages Size1: 8-K Current Report 5 10K2: EX-4.1 Ex-4.1: Pooling and Service Agreement 225 771K3: EX-99.i Ex-99.1: Mortgage Loan and Sale Assignment 1 1 30KAgreement

EX-4.1 Ex-4.1: Pooling and Service AgreementExhibit Table of Co ntentsPalesequential)alphabetic)op

1 I st.Pageff Poo ling and Servicing Agreement2 Table of Contents1 6 Upper Tier REMICtl Th e Certif icates1 8 Article I Definitions" Accountant's Attestationft Additional Form 10-D Disclosure1 9 AgreementIt Appraised ValueAssessment of Compliance

20 Auction" Authenticating Agent

2 1 Certificate Principal Balance24 Class A-2A Certificate25 Class A-2B Certificate" Class A-2C Certificate

26 Class A-2D Certificate28 Class B-2 Certificate30 Class B-3 Certificate31 Class B-4 Certificate

Alternative Formats (RTF, XML, et al . ) Accountant 's Attestation Additional Form 10-D Disclosure Agreement Appraised Value Article I Definitions Article Ii Conveyance of Mortgage Loans:Representations and Warranties Article hi Administration and Servicing ofMortgage Loans Article Iv Distributions Article lx Termination Article Vii Default; Termination of Servicer Article Viii Concerning th e Trustee Article Vi the Dep ositor and th e Servicer Article V th e Cer tif icates Article X Miscellaneous Provisions Assessmen t of Compliance AuctionXHIBIT Authent ica t ing Agent1f1f10 1.1


24/30

" Section 8.11. Appointment of Co-Trustee orSeparate Trustee1 5 0 Section 8.12. Tax Matters1 5 2 Article lx Termination

" Section 9.01. Termination upon Liquidation orRepurchase of all Mortgage Loans1 5 3 Section 9.02. Final Distribution on th e Certificates1 5 4 Section 9.03. Additional Termination

Requirements1 5 6 Article X Miscellaneous Provisions" Section 10.01. Amendm ent

1 5 8 Section 10.02. Counterparts" Section 10.03. Governing Law" Section 10.04. Intention of Parties" Section 10.05. Notices

1 5 9 Section 10.06. Sev erability of Provisions" Section 10.07. Assignment

1 6 1 Section 10.08. Limitation on R ights ofCertificateholders" Section 10.09. Inspection and Audit R ights

162 Section 10.10. Certificates Nonassessable andFully Paid" Section 10.11. Com pliance with R egulation AB" Section 10.12. Third Party R ights" Section 10.13. Additional R ights of the NIM sInsurer

1 9 8 LaSalle Bank N ational Association, as trustee

Section 8.06. Indemnification and Expenses ofTrustee Section 8.07. Eligibility Requirements for Trustee Section 8.08. R esignation and R emoval of Trustee Section 8.09. Successor Trustee Section 8.10. Merger or Con solidation ofTrustee Section 8.11. Appointment of Co-Trustee orSeparate Trustee Section 8.12. Tax Matters Section 9.01. Termination upon Liquidation orRepurchase of all Mortgage Loans Section 9.02. Final Distribution on the Certificates Section 9.03. Additional TerminationRequirements Securities Act Servicer Servicing Criteria Startup Day Subservicing A greement Substitution Adjustment A mount Table of Contents Tax Matters Person The Certificates Transferor Trustee Upper Tier R EMIC Upper Tier REMIC Net VAC Cap

EX-4.1 1st Page of 225 I TOC Top I Previous I Next [ Bottom Just. 1stSponsored Ads

EXECUTION COPY

MERRILL LYNCH MORTGAGE INVESTORS, INC.,Depositor

WILSHIRE CREDIT CORPORATION,Servicer

andLASALLE BANK NATIONAL ASSOCIATION,

Trustee

POOLING AND SERVICING AGREEMENTDated as of Fpril 1, 2006

9/24/2009 2


25/30

MERRILL LYNCH MORTGAGE INVESTORS TRUST,MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-ARI

EX-4.1 2nd Page of 225 TOC 1st Previous Next j Bottom Just 2nd

TABLE OF CONTENTS

[Download Table)PAGE

ARTICLE IEFINITIONS12ARTICLE II CONVEYANCE OF MORTGAGE LOANS; REPRESENTATIONS ANDWARRANTIES6SECTION 2.01. Conveyance of Mortgage Loans6SECTION 2.02. Acceptance by the Trustee of the Mortgage Loans8SECTION 2.03. Representations, Warranties and Covenants of theDepositor0SECTION 2.04. Representations and Warranties of the Servicer4SECTION 2.05. Substitutions and Repurchases of Mortgage Loans thatare not "Qualified Mortgages"5

SECTION 2.06. Authentication and Deliver y of Certificates5SECTION 2.07. REMIC Elections6SECTION 2.08. [RESERVED]1SECTION 2.09. Covenants of the Servicer1SECTION 2.10. [RESERVED]1SECTION 2.11. Permitted Activities of the Trust1SECTION 2.12. Qualifying Special Purpose Entit , 71ARTICLE III ADMINISTRATION AND SERVICING OF MORTGAGE LOANS1SECTION 3.01. Servicer to Service Mortgage Loans1SECTION 3.02. Servicing and Subservicing; Enforcement of theObligations of Servicer3SECTION 3.00. Rights of the Depositor a nd the Trustee in Respect crthe Servicer4SECTION 3.04. Trustee to Act as Servicer4SECTION 3.05. Collection of Mortgage Loan Payments; CollectionAccount; Certificate Account5SECTION 3.06. Collection of Taxes, Assessments and Similar Items;Escrow Accounts8SECTION 3.07. Access to Certain Documentation and InformationRegarding the Mortgage Loans9SECTI ON 3.00. Permitted Withdrawals from the Coll ection Account andCertificate Account9SECTION 3.09. [RESERVED]1SECTION 3.10. Maintenance of Hazard insurance1SECTION 3.11. Enforcement of Due-On-Sale Clause s; AssumptionAgreements2SECTION 3.12. Realization Upon Defaulted Mortcal Loans;

Determination of Excess Proceeds; Special LossMitigation93EX-4.1rd Page of 225OC 1streviousextottomust 3rdTABLE OF CONTENTS(continued) [Download Table]

9/24/2009 2:


26/30

SECTION 3.13. Trustee to Cooperate; Release of Mortgage FilesPAGE969 89 8SECTION 3.14. Documents,ecords and Funds in Possession of ServicerSECTION 3.15. to be Held for the TrusteeServicing CompensationSECTION 3.16. Access to Certain Documentation9 8SECTION 3.17. Annual Statement as to Compliance99SECTION 3.16. Annual Independent Public Accountants' ServicingStatement;inancial Statements99

SECTION 3.19. Rights of_the h.fprei101SECTION 3.20. Periodic Filings102SECTION 3.21. Indemnification by Trustee105SECTION 3.22. Indemnification by Services105SECTION 3.23. Prepayment Charge Reporting Requirements106SECTION 3.24. Information to the Trustee106SECTION 3.25. Indemnification106SECTION 3.26. Nonsolicitation10 7SECTION 3.27. High Cost Mortgage Loans107ARTICLE IV DISTRIBUTIONS107SECTION 4.01. Advances107SECTION 4.02. Reduction of Servicing Compensation in Connection withPrepayment Interest Shortfalls109SECTION 4.03. Distributions on the REMIC Interests109SECTION 4.04. Distributions109SECTION 4.05. Monthly Statements to Certificateholders11 8ARTICLE V THE CERTIFICATES12 2SECTION 5.01. The Certificates12 2SECTION 5.02. Certificate Register; Rtgistracion of Transfer andExchange of Certificates123SECTION 5.03. Mutilated,estroyed,ost or Stolen Certificates128SECTION 5.04. Persons Deemed Owners128SECTION 5.05. Access to List of Certificateholders'ames andAddresses128SECTION 5.06. Book-Entry Certificates12 8SECTION 5.07. Notices to Depository129SECTION 5.08. Definitive Certificates13 0

EX-4.1th Page of 225TOC I 1st I Previous 1 Nextottom J Jost 4thTABLE OF CONTENTS(continued) [Download Tab.e]PAGE

SECTION 5.09. Maintenance of Office or Agency13 0SECTION 5.10. Authenticating Agents130

ARTICLE VI TH E DEPOSITOR AND THE SERVICER13 1SECTION 6.01. Respective Liabilities of the Depositor and theServicer13 1SECTION 6.02. Merger or Consolidation of the Depositor or theServicer13 1SECTION 6.03. Limitation on Liability of the D epositor,he Servicerand Others13 2SECTION 6.04. Limitation on Resignation of Servicer13 2SECTION 6.05. Errors and Omissions Insurance;idelity Bonds13 3/24/2009 2:


27/30

ARTICLE VII DEFAULT; TERMINATION OF SERVICER33SECTION 7.01. Events of Default33SECTION 7.02. Trustee to Act; Appointment of Successor35SECTION 7.03. Notification to Certificateholders36ARTICLE VIII CONCERNING THE TRUSTEE 36SECTION 8.01. Duties of the Trustee36SECTION 8.02. Certain Matters Affecting the Trustee37SECTION 8.03. Trustee Not Liable for Certificates of Mortuage Loans.,39SECTION 8.04. Trustee May Own Certificates39SECTION 8.05 . Trustee's Fees and Expenses39SECTION 8.06. IndemnificationanAEx_29nsesof_Trustee39SECTION 9.07. Eligibility Requirements for Trustee41SECTION 8.08. Resignation and Removal of Trustee41SECTION 8.09. Successor Trustee42SECTION 8.10. Mer_ger or Consolidation of Trustee42SECTION 8.11. Appointment of Co-Trustee or Separate Trustee42SECTION 9.12. Tax Matters44ARTICLE IX TERMINATION46SECTION 9.01. Termination upon Liquidation or Repurchase of allMortgage_LoanSECTION 9.02. Final Distribution on the CertificatesSECTION 9.03 . Additional T ermination Requirements

ARTICLE XISCELLANEOUS PROVISIONS49SECTION 10.01. Amendment49SECTION 10.02. Counterparts51EX-4.1 1th Page of 225 TOC 1 st Previous Next Bottom Just 5thTABLE OF CONTENTS{continued)

[Download Table]PAGE

146147148

SECTION 10.03.SECTION 10.04.SECTION 10.05.SECTION 10.06.SECTION 10.07.SECTION 10.06.SECTION 10.09.SECTION 10.10.SECTION 10.11.SECTION 10.12.SECTION 10.13.

Governing Law51Intention of Parties51Notices52Severability of Provisions53Assignment53Limitation on Rights of Ce rtificateholders54Inspection a nd Audit Rights55Certificates Nonassessable and Fully Paid55Compliance with Regulation AB55Third Party Rights56Additional Rights of the NI Ms Insurer56

EX-4 1' Sth Page of 225TOC 1 1st 1 Previous Next 1 Bottom 1 Just 6thEXHIBIT A FORMS OF CERTIFICATESEXHIBIT B MORTGAGE LOAN SCHEDULEEXHIBIT CRESERVED]EXHIBIT D FORM OF TRUSTEE CERTIFICATION/24/2009 2:


28/30

.a..17 1-T. *Weighted Average Maximum Rate Cap: With respect to a Distribution Date, theper annum rate equal to the weighted average (weighted in proportion to theresults of subtracting from the aggregate Stated Principal Balance of eachMortgage Group, the current Certificate Principal Balance of the Class A-1 andClass R Certificates, in the case of Group One, or the Class A-2A, Class A-2B,Class A-2C and Class A-2D Certificates, in the case of Group Two) of the ClassA-1 Maximum Rate Cap and the Class A-2 Maximum Rate Cap.

-65-

EX-4.2 72nd Page of 225 TOC 1 s t Previous Next [ Bottomust 72ndARTICLE II

CONVEYANCE OF MORTGAGE LOANS;REPRESENTATIONS AND WARRANTIES

SECTION 2.01. Conveyance of Mortgage LoansThe Depositor, concurrently with the execution and delivery hereof, does

hereby sell, transfer, assign, set over and convey to the Trustee withoutrecourse all the right, title and interest of the Depositor in and to the assetsof the Trust Fund. Such assignment includes all interest and principal receivedon or with respect to the Mortgage Loans on or after the Cut-off Date (otherthan Scheduled Payments due on the Mortgage Loans on or before the Cut-offDate).

It is agreed and understood by the Depositor, the Servicer and the Trusteethat it is not intended that any Mortgage Loan be included in the Trust that is,without limitation, either (i) a "High-Cost Home Loan" as defined in the NewJersey Home Ownership Act effective November 27, 2003; (ii) a "High-Cost HomeLoan" as defined in the New Mexico Home Loan Protection Act effective January 1,2004; (iii) a "High-Cost Home Mortgage Loan" as defined in the MassachusettsPredatory Home Loan Practices Act effective November 7, 2004; (iv) a "High-CostHome Loan" as defined by the Indiana High Cost Home Loan Law effective January1, 2005 or (v) a "High-Cost Home Loan" as defined by the Illinois High Risk HomeLoan Act effective January 1, 2004.

In connection with such assignment, the Depositor does hereby deliver to,and deposit with, the Trustee or the Custodian, the following documents orinstruments with respect to each Mortgage Loan:

(A) The original Mortgage Note endorsed in blank or, "Pay to the orderof LaSalle Bank National Association, as trustee, without recourse"together with all riders thereto. The Mortgage Note shall include allintervening endorsements showing a complete chain of the title from theTransferor to [

(B) Except as provided below and for each Mortgage Loan that is not aMERS Loan, the original recorded Mortgage together with all riders thereto,with evidence of recording thereon, or, if the original Mortgage has notyet been returned from the recording office, a copy of the originalMortgage together with all riders thereto certified to be a true copy ofthe original of the Mortgage that has been delivered for recording in theappropriate recording office of the jurisdiction in which the MortgagedProperty is located and in the case of each MERS Loan, the originalMortgage together with all riders thereto, noting the presence of the MINof the Loan and either language indicating that the Mortgage Loan is a MOMLoan or if the Mortgage Loan was not a MOM Loan at origination, theoriginal Mortgage and the assignment thereof to MERS, with evidence ofrecording indicated thereon, or a copy of the Mortgage certified by thepublic recording office in which such Mortgage has been recorded.

(C ) In the case of each Mortgage Loan that is not a MERS Loan, theoriginal Assignment of each Mortgage in blank or, to "LaSalle Bank National/24/2009 2:


29/30

my./ tin ww .scLillill.t.U111/usvrq.vo

as trustee."

(D) The original policy of title insurance (or a preliminary titlereport, commitment or binder if the original title insurance policy has notbeen received from the title insurance company).

-66-

EX-9.13rd Page of 225OC I lat I Previousex tottom I Just 73rd(E) Originals of any intervening assignments of the Mortgage, with

evidence of recording thereon or, if the original intervening assignmenthas not yet been returned from the recording office, a copy of suchassignment certified to be a true copy of the original of the assignmentwhich has been sent for recording in the appropriate jurisdiction in whichthe Mortgaged Property is located.

(F) Originals of all assumption and modification agreements, if any.(G) If in connection with any Mortgage Loan, the Depositor cannot

deliver the Mortgage, Assignments of Mortgage or assumption, consolidationor modification, as the case may be, with evidence of recording thereon, ifapplicable, concurrently with the execution and delivery of this Agreementsolely because of a delay caused by the public recording office where suchMortgage, Assignments of Mortgage or assumption, consolidation ormodification, as the case may be, has been delivered for recordation, theDepositor shall deliver or cause to be delivered to the Trustee or theCustodian written notice stating that such Mortgage or assumption,consolidation or modification, as the case may be, has been delivered tothe appropriate public recording office for recordation. Thereafter, theDepositor shall deliver or cause to be delivered to the Trustee or theCustodian such Mortgage, Assignments of Mortgage or assumption,consolidation or modification, as the case may be, with evidence ofrecording indicated thereon, if applicable, upon receipt thereof from thepublic recording office. To the extent any required endorsement is notcontained on a Mortgage Note or an Assignment of Mortgage, the Depositorshall make or cause to be made such endorsement.

(H) With respect to any Mortgage Loan, none of the Depositor, theServicer, the Trustee or the Custodian shall be obligated to cause to berecorded the Assignment of Mortgage referred to in this Section 2.01. Inthe event an Assignment of Mortgage is not recorded, the Servicer shallhave no liability for its failure to receive and act on notices related tosuch Assignment of Mortgage.The ownership of each Mortgage Note, the Mortgage and the contents of the

related Mortgage File is vested in the Trustee on behalf of theCertificateholders. Neither the Depositor nor the Servicer shall take any actioninconsistent with such ownership and shall not claim any ownership interesttherein. The Depositor and the Servicer shall respond to any third partyinquiries with respect to ownership of the Mortgage Loans by stating that suchownership is held by the Trustee on behalf of the Certificateholders. Mortgagedocuments relating to the Mortgage Loans not delivered to the Trustee or theCustodian are and shall be held in trust by the Servicer, for the benefit of theTrustee as the owner thereof, and the Servicer's possession of the contents ofeach Mortgage File so retained is for the sole purpose of servicing the relatedMortgage Loan, and such retention and possession by the Servicer, is in acustodial capacity only. The Depositor agrees to take no action inconsistentwith the Trustee's ownership of the Mortgage Loans, to promptly indicate to allinquiring parties that the Mortgage Loans have been sold and to claim noownership interest in the Mortgage Loans.

It is the intention of this Agreement that the conveyance of theDepositor's right, title and interest in and to the Trust Fund pursuant to thisAgreement shall constitute a purchase and sale and not a loan. If a conveyanceof Mortgage Loans from the Sponsor to the Depositor is characterized as a pledge

/24/2009 2:


30/30

I.JUVEArtAcJ1..V1,11J-/11 . I ..,rrp://www.secinto.comidsvr4.v(Oand not a sale, then the Depositor shall be deemed to have transferred to theTrustee all of the Depositor's right, title and interest in, to and under theobligations of the Sponsor deemed to be secured by said pledge; and it is theintention of this Agreement that the Depositor shall also be deemed to havegranted to the Trustee a

-67-EX-4.14th Page of 225OC 1streviousextottomust 74th

first priority security interest in all of the Depositor's right, title, andinterest in, to and under the obligations of the Sponsor to the Depositor deemedto be secured by said pledge and that the Trustee shall be deemed to be anindependent custodian for purposes of perfection of the security interestgranted to the Depositor. If the conveyance of the Mortgage Loans from theDepositor to the Trustee is characterized as a pledge, it is the intention ofthis Agreement that this Agreement shall constitute a security agreement underapplicable law, and that the Depositor shall be deemed to have granted to theTrustee a first priority security interest in all of the Depositor's right,title and interest in, to and under the Mortgage Loans, all payments ofprincipal of or interest on such Mortgage Loans, all other rights relating toand payments made in respect of the Trust Fund, and all proceeds of any thereof.If the trust created by this Agreement terminates prior to the satisfaction ofthe claims of any Person in any Certificates, the security interest createdhereby shall continue in full force and effect an d the Trustee shall be deemedto be the collateral agent for the benefit of such Person.

In addition to the conveyance made in the first paragraph of this Section2.01, the Depositor does hereby convey, assign and set over to the Trustee forthe benefit of the Certificateholders its rights and interests under the SaleAgreement, including the Depositor's right, title and interest in therepresentations and warranties contained in the Sale Agreement, the rights inthe Transfer Agreements described therein, and the benefit of the repurchaseobligations and the obligation of the Sponsor contained in the Sale Agreement totake, at the request of the Depositor or the Trustee, all action on its partwhich is reasonably necessary to ensure the enforceability of a Mortgage Loan.The Trustee hereby accepts such assignment, and shall be entitled to ex erciseall rights of the Depositor under the Sale Agreement as if, for such purpose, itwere the Depositor. The foregoing sale, transfer, assignment, set-over, depositand conveyance does not and is not intended to result in creation or assumptionby the Trustee of any obligation of the Depositor, the Sponsor, or any otherPerson in connection with the Mortgage Loans or any other agreement orinstrument relating thereto.

SECTION 2.02. Acceptance by the Trustee of the Mortgage LoansExcept as set forth in the exception report delivered contemporaneously

herewith (the "Exception Report"), the Trustee acknowledges receipt of theMortgage Note for each Mortgage Loan and delivery of a Mortgage File (but doesnot acknowledge receipt of all documents required to be included in suchMortgage File) with respect to each Mortgage Loan and declares that it (or theCustodian, on its behalf) holds and will hold such documents and any otherdocuments constituting a part of the Mortgage Files delivered to it in trust forthe use and benefit of all present and future Certificateholders. The Depositorwill cause the Sponsor to repurchase any Mortgage Loan to which a materialexception was taken in the Exception Report unless such exception is cured tothe satisfaction of the Trustee within 45 Business Days of the Closing Date.

The Trustee acknowledges receipt of the three Cap C ontracts (forms of whichare attached hereto as Exhibits N-1, N -2 and N- 3), the Transfer Agreement, theBring Down Letter and the Sale Agreement.

The Trustee acknowledges receipt of the Swap Agreement that will be held inthe Supplemental Interest Trust and is hereby instructed to enter into the SwapAgreement, not in its individual capacity, but solely as Trustee for the Issuing

FRAUD.Upon.the.Court.Motion_BOA.v.Julme-FL.Case#CACE09-21933-051_2010-09-29.pdf

Documents

Transcript of FRAUD.Upon.the.Court.Motion_BOA.v.Julme-FL.Case#CACE09-21933-051_2010-09-29.pdf