Updated 02-12-2011 Template

8/3/2019 Updated 02-12-2011 Template

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QUICK START

HOW TO GET THE MOST OUT OF THIS AUDIT REPORT

This report is divided into four (4) sections as listed below.

Section 1 will provide all the particular information regarding this transaction, includingthe names and addresses of all parties involved.

Section 2 is the test section where the examiner conducts tests based on the documentsreceived from the Borrower, the Attorney and a search of the County Public Records. Thefindings may be a basis for Affirmative Defense, Answer, Motion to Dismiss, etc.

Section 3 is the Addendum section, which contains additional information and discussionrelated to the Section 2 tests performed by the Examiner.

Section 4 is the Exhibit section, which contains documents that were pulled from the Auditdocuments provided by the Borrower, or Attorney that may be used as an Exhibit in aPleading or Motion to make a particular point. The Exhibits will include all documentsfound in the County public record search as well.

SECTION 1 (INFORMATION SECTION)

Disclaimer letter to Law Firm and Client

Interested Parties to this Transaction

Loan Summary

Early Disclosure and Closing Document Checklist

Additional Documents Received for Examination but not included in the Above Checklist

Attorney Securitization and Certification (if applicable)

This document may be found in Section 4 Exhibits.


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SECTION 2 (TEST SECTION)

Real Estate Settlement Procedures Act Test

Truth in Lending Test

APR Recalculation Test

Home Ownership Equity Protection Act Test

Illinois High Cost Test

Legal Description Test

Complaint Test

Lender/ Broker Licensing Test

Secretary of State Registration Test

MERS and Assignment Test

Stated/ Verified Income Test

Yield Spread Premium Test

Homestead Test

Appraisal Test

Additional Examiner Comments

Examiner Comments on Subordinate Liens

SECTION 3 (ADDENDUM SECTION)

Mortgage Document Condition Precedent Addendum

Promissory Note- Securitization Addendum

Breach of Fiduciary Duty Addendum (applies only to stated income loans)

Truth in Lending Addendum

MERS Addendum (applies only to mortgages registered in the MERS system)HUD Addendum (applies only to HUD insured Mortgages)

SECTION 4 (EXHIBITS FROM BORROWER AND ATTORNEY PROVIDED DOCUMENTS ANDPUBLIC RECORDS)


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SECTION 1

INFORMATION SECTION

Disclaimer letter to Law Firm and Client

Interested Parties to this Transaction

Loan Summary

Early Disclosure and Closing Document Checklist

Additional Documents Received for Examination but not included in the Above Checklist

Attorney Securitization and Certification (if applicable)

This document may be found in Section 4 Exhibits.


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DATE, 2011

To:Law office ofAddressCity, State Zip Code

In re: In the Matter of Borrower and Co-Borrower, for the property commonly known as:Address, City, State, Zip Code, County

To Whom It May Concern,

The loan transaction for the above-referenced borrower/property has been examined forviolations of the Truth in Lending Act 15 USC 1601, Home Ownership Equity ProtectionAct 12 CFR 226.32, the Real Estate Settlement Procedures Act 12 USC 2601, Illinois HighRisk Home Loan Act, as well as violations of other state and federal laws.

Disclaimer: JMoran and Associates, Loan Auditors, makes no representations andwarranties of any kind, and assumes no liability whatsoever for any audit report findings,including incorrect findings arising from inaccurate data, improper classification of data, orerroneous interpretations of the loan data submitted for review.

Important Information

Procedures applied to all client supplied documents

1. All documents provided for the audit are treated as true and correctrepresentations of the final and original mortgage loan documents.

2. The audit scope is limited to the documents provided and results are based solely onthe documents provided

3. The results provided in this audit are for information use only and is not a legalopinion.

Sincerely yours,

John Bernard Moran

Examiner


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INTERESTED PARTIES TO THIS TRANSACTION

MORTGAGE BROKER

LENDER

SERVICER

INVESTOR

PLAINTIFF

PLAINTIFFS ATTORNEY

NOTARY ON MORTGAGE

SIGNOR ON ASSIGNMENT

NOTARY ON ASSIGNMENT

APPRAISER

SETTLEMENT AGENT/TITLE CO.

BUYERS ATTORNEY

SELLERS ATTORNEY


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LOAN SUMMARY

TYPE OF LOAN

ORIGINATION DATECLOSING DATE

PROPERTY TYPEAMORTIZATION TYPE AND TERM

LOAN NUMBERLIEN POSITIONLOAN PURPOSE

OCCUPANCYLOAN AMOUNT

SALES PRICEAPPRAISAL VALUE

NOTE RATEARM INFORMATION

INITIAL FIXED RATE

TERM OF INITIAL FIXED RATEFIRST CHANGE RATEADJUSTMENT PERIOD

CEILINGFLOOR

1ST PERIOD CAPPERIOD CAP

ARM CAP LIFEINDEXMARGIN

LTVCLTVPRIMARY HOUSING RATIO

TOTAL DEBT TO INCOME RATIOSUMMARY ON SECOND LIENFIXED RATE

TERMPRE-PAYMENT FEATURE

APR ON TILTOTAL CLOSING COSTH-15 TREASURY MATURITY


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An X marked in the column 1stand 2nd (Mortgages) indicates documents received.

EARLY DISCLOSURE AND CLOSING DOCUMENT

CHECKLIST

1st 2nd SIGNED DATED

1003-Uniform residential Loan ApplicationSettlement Cost BookletGood Faith EstimateTruth in LendingAffiliated and/or Controlled Business Disclosure

ARM Disclosure (if applicable)CHARM Booklet (if applicable)

Interest Only Disclosure (if applicable)Negative Amortization Disclosure (if applicable)Prepayment Penalty Disclosure (if applicable)

Transfer of Servicing DisclosureCredit Score Disclosure

Privacy Policy DisclosureIllinois Escrow Account Act DisclosureRight to Copy of Appraisal

Equal Credit Opportunity Act DisclosureHomeowner Insurance Disclosure

Tangible Net Benefit DisclosureRate Lock AgreementMortgage Loan Commitment

Occupancy AffidavitHUD 1 Preliminary (for one day advance inspection)MORTGAGE BROKER EARLY DISCLOSURESLoan Brokerage AgreementLoan Brokerage Disclosure Statement

Borrower Information DocumentGOVERNMENT LOAN EARLY DISCLOSURES

HUD/VA 2900Assumption NoticeInformed Consumer Choice Disclosure

FHA Important Notice to HomeownerADDITIONAL DOCUMENTS RECEIVED AT CLOSING

Mortgage-Deed of Trust (and applicable Riders)Note (Fixed or ARM)HUD 1 (Final)

Good Faith Estimate and/or Itemization (Final)

Truth in Lending and TIL DisclosureFlood NotificationInitial Escrow Account Disclosure / WaiverFirst Payment LetterNotice of Right To Cancel (refinance only)


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ADDITION DOCUMENTS RECEIVED FOR EXAMINATION BUT NOT

INCLUDED IN THE ABOVE CHECKLIST


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SECTION 2

TEST SECTION

Real Estate Settlement Procedures Act Test

Truth in Lending Test

APR Recalculation Test

Home Ownership Equity Protection Act Test

Illinois High Cost Test

Legal Description Test

Complaint Test

Lender/ Broker Licensing Test

Secretary of State Registration Test

MERS and Assignment Test

Stated/ Verified Income Test

Yield Spread Premium Test

Homestead Test

Appraisal Test

Additional Examiner Comments

Examiner Comments on Subordinate Liens


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REAL ESTATE SETTLEMENT PROCEDURES TEST

EARLY AND FINAL DISCLOSURE OF CREDIT TERMS

FDIC 6500 Consumer Protection Section 12 CFR226.19--Certain Mortgage and Variable Rate Transactions.19(a)(1)(i) Time of disclosure.1.Coverage. This section requires early disclosure of credit terms in mortgage transactions that are secured by aconsumer's dwelling(other than home equity lines of credit subject to 226.5b or mortgage transactions secured byan interest in a timeshare plan) that are also subject to the Real Estate Settlement Procedures Act (RESPA) and itsimplementing Regulation X, administered by the Department of Housing and Urban Development (HUD). To becovered by 226.19, a transaction must be a federally related mortgage loan under RESPA. "Federally relatedmortgage loan" is defined under RESPA (12 U.S.C. 2602) and Regulation X (24 CFR 3500.2), and is subject to anyinterpretations by HUD.2. Timing and use of estimates. The disclosures required by 226.19(a)(1)(i) must be delivered or mailed not later

than three business days after the creditor receives the consumer's written application.

PASS FAIL

Special information booklet at time of loan application

24 CFR 3500.6 (a)Lender to provide special information booklet. Subject to the exceptions setforth in this paragraph, the lender shall provide a copy of the special information booklet to a personfrom whom the lender receives, or for whom the lender prepares, a written application for a federallyrelated mortgage loan. When two or more persons apply together for a loan, the lender is incompliance if the lender provides a copy of the booklet to one of the persons applying.

Good faith estimate

24 CFR 3500.7 (a) Lender to provide. Except as provided in this paragraph (a) or paragraph (f) ofthis section, the lender shall provide all applicants for a federally related mortgage loan with a goodfaith estimate of the amount of or range of charges for the specific settlement services the borrower islikely to incur in connection with the settlement. The lender shall provide the good faith estimaterequired under this section (a suggested format is set forth in appendix C of this part) either bydelivering the good faith estimate or by placing it in the mail to the loan applicant, not later than threebusiness days after the application is received or prepared.(f) Open-end lines of credit (home-equity plans) under Truth in Lending Act. In the case of afederally related mortgage loan involving an open-end line of credit (home-equity plan) coveredunder the Truth in Lending Act and Regulation Z, a lender or mortgage broker that provides theborrower with the disclosures required by 12 CFR 226.5b of Regulation Z at the time the borrowerapplies for such loan shall be deemed to satisfy the requirements of this section.


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Use of HUD1 or HUD1A settlement statements

24 CFR 3500.8 (a) Use by settlement agent. The settlement agent shall use the HUD1settlement statement in every settlement involving a federally related mortgage loan in whichthere is a borrower and a seller. For transactions in which there is a borrower and no seller,such as refinancing loans or subordinate lien loans, the HUD1 may be utilized by using theborrower's side of the HUD1 statement. Alternatively, the form HUD1A may be used for thesetransactions. Either the HUD1 or the HUD1A, as appropriate, shall be used for every RESPA-covered transaction, unless its use is specifically exempted, but the HUD1

One-day advance inspection of HUD1 or HUD1A

24 CFR 3500.10 (a) Inspection, one day prior to settlement upon request by the borrower. The

settlement agent shall permit the borrower to inspect the HUD1 or HUD1A settlement statement,

completed to set forth those items that are known to the settlement agent at the time of

inspection, during the business day immediately preceding settlement. Items related only to the

seller's transaction may be omitted from the HUD1.

Prohibition against kickbacks and unearned fees

24 CFR 3500.14 (a) Section 8 violation. Any violation of this section is a violation of section 8 of

RESPA (12 U.S.C. 2607) and is subject to enforcement as such under 3500.19.(b) No referral fees. No person shall give and no person shall accept any fee, kickback or other thing

of value pursuant to any agreement or understanding, oral or otherwise, that business incident to

or part of a settlement service involving a federally related mortgage loan shall be referred to any

person. Any referral of a settlement service is not a compensable service, except as set forth in

3500.14(g)(1). A company may not pay any other company or the employees of any other

company for the referral of settlement service business

Affiliated business arrangements

24 CFR 3500.15 (a) General. An affiliated business arrangement is defined in section 3(7) ofRESPA (12 U.S.C. 2602(7)).(b) Violation and exemption. An affiliated business arrangement is not a violation of section 8 of

RESPA (12 U.S.C. 2607) and of 3500.14 if the conditions set forth in this section are satisfied.Paragraph (b)(1) of this section shall not apply to the extent it is inconsistent with section 8(c)(4)(A)of RESPA (12 U.S.C. 2607(c)(4)(A)).(1) The person making each referral has provided to each person whose business is referred a writtendisclosure, in the format of the Affiliated Business Arrangement Disclosure Statement set forth inappendix D of this part, of the nature of the relationship (explaining the ownership and financialinterest) between the provider of settlement services (or business incident thereto) and the personmaking the referral and of an estimated charge or range of charges generally made by such provider(which describes the charge using the same terminology, as far as practical, as section L of the HUD1 settlement statement). The disclosures must be provided on a separate piece of paper no later thanthe time of each referral or, if the lender requires use of a particular provider, the time of loanapplication, except that:(i) Where a lender makes the referral to a borrower, the condition contained in paragraph (b)(1) of

this section may be satisfied at the time that the good faith estimate or a statement under 3500.7(d)is provided;

Title companies

24 CFR 3500.16

No seller of property that will be purchased with the assistance of a federally related mortgage loanshall violate section 9 of RESPA (12 U.S.C. 2608). Section 3500.2 defines required use of a

provider of a settlement service. Section 3500.19(c) explains the liability of a seller for a violation of


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this section.

Escrow accounts

24 CFR 3500.17 Initial escrow account statement means the first disclosure statement that theservicer delivers to the borrower concerning the borrower's escrow account. The initial escrow

account statement shall meet the requirements of 3500.17(g) and be in substantially the format setforth in 3500.17(h).

Transfer of servicing disclosure

24 C.F.R. 3500.21 (b) Servicing Disclosure Statement and Applicant Acknowledgement;

requirements. (1) At the time an application for a mortgage servicing loan is submitted, or within 3

business days after submission of the application, the lender, mortgage broker who anticipates using

table funding, or dealer who anticipates a first lien dealer loan shall provide to each person who

applies for such a loan a Servicing Disclosure Statement

Disclosures of Credit Scoring Information and Notice to the Home Loan Applicant

Section 212(c) of the FACT Act amends Section 609 of the FCRA by adding a subsection (g).Subsection 609(g) applies to all persons making or arranging loans and who use a consumer creditscore, as defined in Subsection 609(f) of the FCRA, in connection with a consumer's application for aclosed end loan or the establishment of an open end loan for a consumer purpose that is secured byone (1) to four (4) units of residential real property. Although Subsection 609(g) of the FCRA refersto these persons as "lenders", the provisions under this Subsection will apply to both lenders andbrokers of residential mortgage loans. This article will collectively refer to lenders and brokers as"lenders".Fact 1 - Under Subsection 609(g) of the FCRA, a lender must provide the following to the consumer

as soon as reasonably practicable:1. The credit score obtained from a consumer reporting agency or which was developed andused by the user of the information (the "credit scoring information"); and

2. The name, address, and telephone number of each consumer reporting agency providing acredit score that was used together with a notice entitled "Notice to the Home LoanApplicant".


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Disclosure of institution privacy policy

15 USC 6803.

(a) Disclosure requiredAt the time of establishing a customer relationship with a consumer and not less than annually duringthe continuation of such relationship, a financial institution shall provide a clear and conspicuousdisclosure to such consumer, in writing or in electronic form or other form permitted by theregulations prescribed under section6804of this title, of such financial institutions policies andpractices with respect to(1) disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent

with section6802of this title, including the categories of information that may be disclosed;(2) disclosing nonpublic personal information of persons who have ceased to be customers of thefinancial institution; and(3) protecting the nonpublic personal information of consumers.

Responsibilities of furnishers of information to consumer reporting agencies

15 USC 1681s2.

(7) Negative information(A) Notice to consumer required(i) In general If any financial institution that extends credit and regularly and in the ordinary courseof business furnishes information to a consumer reporting agency described in section1681a(p)ofthis title furnishes negative information to such an agency regarding credit extended to a customer,the financial institution shall provide a notice of such furnishing of negative information, in writing,to the customer.
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TRUTH IN LENDING TEST

Where a material disclosure was not given or inaccurate (APR, finance charge, amount financed,payment schedule, or total of payments), or consumer was not provided with proper notice of rightto cancel, the right of rescission is extended to 3 years Statutory (up to $4000 per violation) andactual damages, as well as attorney's fees, may also be available for the violations noted inaccordance with 12 CFR 226.23 (3) with tolling the statute of limitations.

SEE TRUTH IN LENDING ADDENDUM FOR ADDITION DISCUSSION ON THIS MATTER.

PASS FAILNotice of Right to Cancel (2 copies per borrower; signed and dated). 12 CFR 226.23(b)

Final TIL Disclosure Statement provided. 12 CFR 226.17, 226.18.

Itemization of amount financed. 12 CFR 226.18(c) (Final GFE can be substituted)

Prepayment Penalty disclosed. 12 CFR 226.18(k)

Property Hazard Insurance disclosure (Allows consumer to choose carrier) 12 CFR 226.4(d)(2)Negative-amortization payment adequately disclosed. 15 USC 1638,12 CFR 226.17-18Interest-only payment adequately disclosed. 15 USC. 1638, 12 CFR 226.17-18.

Delivered estimates of disclosures (preliminary TIL and GFE) within 3 days of loanApplication 12 CFR 226.19(a)

"Consumer Handbook on Adjustable Rate Mortgages" (CHARM) provided within 3 days ofapplication or equivalent disclosure ARM disclosure-see 12 CFR 226.19(b)]Payment Schedule correctly identified on TIL 12 CFR 226.18(g), (h).

Interest rate consistent and properly disclosed 1003, GFE, and Mortgage Loan Commitment12CFR 226. 17-18


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APR RECALCULATION

Examination to calculate APR based upon the charges found in the final HUD 1 Settlement

Statement and compare to the final Truth in Lending Disclosure

AUDITOR FINDINGS:

N/A - We are unable to determine if the APR is calculated correctly due to the fact we donot have the Final HUD 1, Final TIL or the Final Itemization of Amount Financed in the

audit documentation.

The APR is in compliance with the Final Truth in Lending Disclosure. The Lender overdisclosed the fees by $62.00, which is compliant with the Act.

HOME OWNERSHIP EQUITY PROTECTION ACT

AUDITOR FINDINGS:

The Initial Disclosures were included in the audit documentation. The appropriate TSI ratetaken from the H-15 report is from , which is the month prior to the applicationdate. The APR is plus 8% (1stMortgage) equals . The APR on the Final Truth inLending Disclosures is , and does not exceed the HOEPA calculation, and is incompliance with the Act. The total fees and points, paid on or before closing, do not

exceed 8% of the loan amount.

We are unable to conduct this test. The initial disclosures were not included in the auditdocumentation. The appropriate TSI rate taken form the H-15 report is calculated by usingthe month prior to the application date to properly conduct this test.

Neither statute applies as the estimated APR _________% would not exceed 8% (firstmortgage liens) or 10% (subordinate liens) over the comparable yield on Treasurysecurities, having comparable periods of maturity on the 15th day of the monthimmediately preceding the month in which the application is received by the creditor; nordo the total points and fees paid on or before closing exceed 8%, of the loan amount.

Note: In the case where the preliminary Truth in Lending form is not provided for the

audit. Auditor will conduct this test using the final Truth in Lending Disclosure.


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ILLINOIS HIGH COST

(Applies to City of Chicago and Cook County Ordinances-if applicable)

AUDITOR FINDINGS:

The Initial Disclosures were included in the audit documentation. The appropriate TSI ratetaken from the H-15 report is from , which is the month prior to the applicationdate. The APR is plus 8% (1stMortgage) equals . The APR on the Final Truth inLending Disclosures is , and does not exceed the HOEPA calculation, and is incompliance with the Act. The total fees and points, paid on or before closing, do not

exceed 8% of the loan amount.

We are unable to conduct this test. The initial disclosures were not included in the auditdocumentation. The appropriate TSI rate taken form the H-15 report is calculated by usingthe month prior to the application date to properly conduct this test.

Neither statute applies as the estimated APR _________% would not exceed 6% (firstmortgage liens) or 8% (subordinate liens) over the comparable yield on Treasurysecurities, having comparable periods of maturity on the 15th day of the monthimmediately preceding the month in which the application is received by the creditor; nordo the total points and fees paid on or before closing exceed 5%, of the loan amount.

Note: In the case where the preliminary Truth in Lending form is not provided for the

audit. Auditor will conduct this test using the final Truth in Lending Disclosure.

LEGAL DESCRIPTION

Examination comparing the legal description of the Deed to the Mortgage, Assignments, Lis

Pendens, and Complaint for accuracy.

AUDITOR FINDINGS:

There are no errors or discrepancies with the legal description found on the Complaint toForeclose Mortgage, the Lis Pendens/Notice of Foreclosure, The Corporate Assignment ofMortgage, and the 1st Lien Mortgage Document. This was verified by comparing theaforementioned documents with the Quit Claim Deed dated June 1, 2002, and recorded,March 26, 2003, as found in the public records (Exhibit A). The Pin # is correct on all thedocuments.


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COMPLAINT

Auditor to examine the Complaint for any defects relating to the documents relied on in the

Complaint.

SEE MORTGAGE DOCUMENT AND PROMISSORY NOTE ADDENDUMS FOR ADDITIONAL

DISCUSSION ON THIS MATTER.

AUDITOR FINDINGS:

The Complaint was not submitted for this examination, nor was a Lis Pendens/Notice ofForeclosure found in the public records, as of the date of this report.

The Complaint was submitted for this examination, and the information contained in the

complaint is correct as matched with the documents reviewed for this audit. The exhibitsattached are correct and complete including attachments that maybe required.

Also attached to the audit, is the Lis Pendens/Notice of Foreclosure dated February 28,2011, and recorded, February 28, 2011, as found in the public records (Exhibit B).

LENDER/BROKER LICENSING

Examination to verify compliance with State licensing regulations at the time of application

for credit.

AUDITOR FINDINGS:

The Department of Financial and Professional Regulation Licensee Search, regarding theBroker, Greater Investment shows DBA as Mutual Trust Funding Corporation, which isinactive at all locations since 03/22/2005, 7/18/2004 and 3/22/2007 (Exhibit F).

The Department of Financial and Professional Regulation Licensee Search, regarding theLender, First Magnus Financial Corporation shows DBA Charter Funding, which isinactive as of 01/15/2008 (Exhibit G)

SECRETARY OF STATE REGISTRATION

Examination to determine Plaintiff registration as a domestic or foreign corporation to have

authorization to file a lawsuit in State court.


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AUDITOR FINDINGS:

The Corporation Search Results regarding the Broker, Greater Investment MortgageCorporation, shows Dissolved Involuntary Dissolution, as of 02/09/2007 (Exhibit H).

The Corporation Search Results regarding the Lender, First Magnus Financial Corporation,shows revoked, as of 05/08/2008 (Exhibit I).

MERS AND ASSIGNMENT

Examination of the MERS registration to verify the servicer and investor registration with

MERS. Auditor search of the County records and report on the recorded assignments.

SEE MERS ADDENDUM FOR ADDITIONAL DISCUSSION ON THIS MATTER.

AUDITOR FINDINGS:

The Mortgage was originated as a MERS Mortgage (12/21/2005). The MIN #1000392-2315005897-3, assigned by MERS, reveals that the SERVICER is Aurora Bank FSB andthe INVESTOR is, U. S. Bank as Trustee(Exhibit J). The MIN Status is stating active.

A search was performed with Fannie Mae and the result shows it is not the owner (ExhibitK). A search was performed with Freddie Mac and the result shows it is not the owner(Exhibit L).

There was no copy of an Assignment of Mortgage found in the Will County Recorder ofDeeds records.

Attached to this audit is a copy of the Mortgage executed, December 21, 2006, andrecorded, February 26, 2007, as found in the public records (Exhibit J)


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STATED/VERIFIED INCOME

Examination of the Uniform Residential Loan Application statement of income in relation to

tax documents and/or feasibility of stated income in relation to type of occupation

SEE BREACH OF FIDUCIARY DUTY ADDENDUM FOR ADDITIONAL DISCUSSION ON THIS

MATTER.

AUDITOR FINDINGS:

The 1003 (Uniform Residential Loan Application) shows the income for the Borrower(s) at,$3,148 per month, as displayed in the Monthly Income and Combined Housing ExpenseInformation Section, on page 2 of the form. There are no income documents included in theaudit documentation, therefore we cannot state with certainty the underwritingstandards used to approve this loan.

YIELD SPREAD PREMIUM

SEE BREACH OF FIDUCIARY DUTY ADDENDUM FOR ADDITIONAL DISCUSSION ON THIS

MATTER.

Yield Spread Premium/Broker Premium. The broker received a Broker Premium of$_________ from ________________. To earn a Broker Premium the broker will increase theinterest rate that the borrower will pay. It takes a borrower about three years to repay theBroker Premium. Once the three year repayment period has ended, the interest rate doesnot drop. Instead, the borrower continues to pay at the same interest rate and the lenderreaps the benefits of the higher payment. Broker Premium significantly affects theborrowers payment and financial situation. Absent the presence of a separate fee

agreement regarding Broker Premium and that the borrower agreed to pay such an


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ADDITIONAL EXAMINER COMMENTS

No additional comments are needed at this time.

EXAMINER COMMENTS ON SUBORDINATE LIENS

No second lien was found in the public records.

SECTION 3

ADDENDUM SECTION

Mortgage Document Condition Precedent Addendum

Promissory Note- Securitization Addendum

Breach of Fiduciary Duty Addendum (applies only to stated income loans)

Truth in Lending Addendum

MERS Addendum (applies only to mortgages registered in the MERS system)


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HUD Addendum (applies only to HUD insured Mortgages)

MORTGAGE DOCUMENT-CONDITION PRECEDENT ADDENDUM

Section 22 of the underlying mortgage, entitled Acceleration Remedies, provides that thePlaintiff was to provide a written notice of default of the terms and provisions as aCondition Precedent, to accelerating said mortgage or instituting any foreclosure

proceedings. Suggest getting an affidavit from client stating that said notice has not beenreceived, and if a notice was received inquire if the lender waited 30 days to file theforeclosure proceeding. Note: FRCP 12(b)(1).(2). And (6) failure to perform a conditionprecedent effectively eliminates the courts jurisdiction to hear the claim. FRCP Rule 9(c).

Note: that including this in an answer, but waiting too long, may waive the defense. Note:it may be prudent to include this in a motion to dismiss for failure to state a claim uponwhich relief can be granted, instead of using this as a defense in an answer.


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PROMISSORY NOTE-SECURITIZATION ADDENDUM

It appears the Note was converted into a negotiable instrument that was securitized andissued a CUSIP number for the Security. This may also apply to the 1003, Uniformresidential Loan Application. It may be prudent during the discovery phase of litigation torequest the CUSIP number for both the Note and the 1003, and to inquire if the Lender has

complied with and will provide the S3A registration statement; 424 B-5 prospectus(security filing); RC S & RC B call schedules; FASB (Financial Accounting Standards Board)part of GAAP (Generally Accepted Accounting Standards) FAS 125, 133, 140, 5, & 95 and ifthe Lender has complied with the 2046 balance sheet as it relates to the original "loan" asproof of the mandatory filing pursuant to Title 12 U.S.C. 248 & 347, and has complied withall IRS reporting requirements. Such documents reported to the IRS are including but notlimited to, 1099A, 1099OID, 1099C, 1099B, 1096 and 1040V and any other 1099. Requestto see if the Lender has a "Valid" OMB(Office of Management and Budget) Control Numberpursuant to 12 U.S.C. 248(a)(2) and (i) and 327(b) on said note (Negotiable SecurityInstrument) as well as disclosure as to which Federal Reserve Bank window suchpromissory note was deposited in, and if the Trust for the Asset Backed Security requires

the physical note to be deposited into the trust.

BREACH OF FIDUCIARY DUTY ADDENDUM

According to the 1003, Uniform Residential Loan Application this loan was done as a No

Income Verification Loan, as the income was left blank.

Mortgage companies do have a fiduciary duty to insure that the borrower can qualify andmake payments. In certain situations, courts have implicitly recognized imposing fiduciaryduties on lenders based on policy grounds. For instance, a lender may be considered afiduciary when it takes control of the borrower, or when moral, social, personal, ordomestic relationships are shown to exist between the parties. (Cases cited in American

Bar Association Business Tort Litigation - 2nd Ed.) Further, when the lender undertakes to

perform a task on behalf of the borrower, then it is likely that the lender has made itself afiduciary for the borrower, based on the law of agency.

Often times, when a loan officer or mortgage broker is helping to arrange a loan for aborrower, that loan officer/mortgage broker is, in reality, acting as the agent for both thelender and borrower.


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The fiduciary duty of the lender is a responsibility to perform their own diligence todetermine if a customer is being placed in a loan that is legal, properly disclosed, is the bestloan for the consumer given their financial circumstance and affordable over the life of theloan if present financial positions hold steady. If the lender knew or should have knownthat the Borrower has a likelihood of defaulting on this loan, he/she has a fiduciary duty tothe borrower to not place them in that loan (in harms way).

When a loan transaction occurs, any missteps in the loan transaction process can lead todire consequences for the borrower. It is for this reason that the law should impose more

liberally a fiduciary relationship between borrower and lender, especially in the residentialhome loan marketplace where the average borrower is not as sophisticated as the lender.If fiduciary relationships were more liberally imposed, we would likely see lendersimplementing more safeguards before underwriting a loan.

If the lender is aware that the borrowers would be better off with another type of loan thatthe lender offers, they have violated their duty to the consumers and such act of deceptionwould be likely be considered fraud on the consumer and predatory. Brokers owe afiduciary duty to borrowers. Liability potential for lender may exist if borrower can proveeither that: (1) a special relationship or circumstance existed, (2) the lender directly

ordered, authorized or participated in the brokers tortuous conduct, or (3) that broker

acted as lenders agent for the transaction.

TRUTH IN LENDING ADDENDUM

Under the Truth in Lending Act ("TILA"), rescission rights arise when: (1) the transaction is a consumercredit transaction; (2) in which a non-purchase lien or security interest is or will be placed; and (3) on theconsumer's principal dwelling. In a rescindable transaction, each consumer must be given a copy of theTILA disclosure statement with all "material" information correctly disclosed and notice of a three-dayright to rescind. If these material disclosures are not properly provided, the three-day right to rescind isextended until one of the following events occurs: (1) all materials disclosures are correctly given and anew three day notice of cancellation, (2) the expiration of three years after consummation of the

transaction; (3) the transfer of all of the consumer's interest in the property; or (4) the sale of the property.

All persons entitled to rescind under TILA must receive two copies of the rescission notice rights and onecopy of the material disclosures at or before closing. The notice of rescission must provide the followinginformation: (1) the retention or the acquisition of a security interest in the consumer's principal dwelling;(2) the consumer's right to rescind; (3) how to exercise the right to rescind with a form for that purpose,designating the address of the creditor's place of business; (4) the effects of rescission; and (5) the date therescission period expires.


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1. Annual Percentage Rate Tolerances and Right of Rescission. An APR deviation is a material violationpermitting the right of rescission if: (a) it was a refinance, (b) within 3 years of the transaction, and (c)outside the tolerances set forth below.12 CPR 226.22(a)(2) provides: "As a general rule, the annual percentage rate shall be consideredaccurate if it is not more than 1/8 of 1 (.125%) percentage point above or below the annual percentagerate determined in accordance with paragraph (a)(I) of this section." Under 12 CPR 226.22(a)(3): "In anirregular transaction, the annual percentage rate shall be considered accurate if it is not more than 1/4 of1% (.25 %) percentage point above or below the annual percentage rate determined in accordance with

paragraph (a)( I) of this section."

2. Finance Charge Tolerances and Right of Rescission12 CPR 226.18(d) requires the disclosure of the finance charge amount. For purposes of "mortgageloans," 12 CPR 226.18(d)(l) provides: "In a transaction secured by real property or a dwelling, thedisclosed finance charge and other disclosures affected by the disclosed finance charge (including theamount financed and the annual percentage rate) shall be treated as accurate if the amount disclosed as thefinance charge: (i) is understated by no more than $100; or (ii) is greater than the amount required to bedisclosed." Statutory and actual damages are available for this violation.

A finance charge deviation is a material violation permitting the right of rescission if: (a) it was arefinance, (b) within 3 years of the transaction, and (c) outside the tolerances set forth below.12 CPR 226.23(g) provides: "Tolerances for accuracy. (1) One-half of 1 percent tolerance. Except as

provided in paragraphs (g)(2) and (h)(2) of this section, the finance charge and other disclosures affected

by the finance charge (such as the amount financed and the annual percentage rate) shall be consideredaccurate for purposes of this section if the disclosed finance charge: (i) is understated by no more than 1/2of 1 percent of the face amount of the note or $100, whichever is greater; or (ii) is greater than the amountrequired to be disclosed. (2) One percent tolerance. In a refinancing of a residential mortgage transactionwith a new creditor (other than a transaction covered by 226.32), if there is no new advance and noconsolidation of existing loans, the finance charge and other disclosures affected by the finance charge(such as the amount financed and the annual percentage rate) shall be considered accurate for purposes ofthis section if the disclosed finance charge: (i) is understated by no more than 1 percent of the faceamount of the note or $100, whichever is greater; or (ii) is greater than the amount required to bedisclosed."

15 U.S.C. 1635(i) also provides: "Rescission Rights In Foreclosure (2) Tolerance For Disclosures

Notwithstanding section 106(f), and subject to the time period provided in subsection (f), for the purposesof exercising any rescission rights after the initiation of any judicial or nonjudicial foreclosure process onthe principal dwelling of the obligor securing an extension of credit, the disclosure of the finance chargeand other disclosures affected by any finance charge shall be treated as being accurate for purposes of thissection if the amount disclosed as the finance charge does not vary from the actual finance charge bymorethan $35 or is greater than the amount required to be disclosed under this title."

Attorney Note: If the 3-year Statute Of Limitations has expired. There are some argumentsfor, Tolling The Statute Of Limitations, as disclosed below.

(1) The Doctrine Of Fraudulent Concealment- If a lender conceals wrongdoing, therebypreventing a borrower from discovering a cause of action, the statute of limitation will be tolleduntil the date the plaintiff, through due diligence, would have learned of the existence of a claim.The doctrine of fraudulent concealment operates to toll the statute of imitations, when a plaintiffhas been injured by fraud and remains in ignorance of it, without any fault or want of diligence orcare on his part. Holmberg v. Arnlbrecht , 327 U.S. 392, 397 (1946) (quoting Bailey v. Glover, 88 U.S.(21 Wall.) 342, 348 (1874); see Maggio v. Gerard Freezer & Ice Co. , 824 F.2d 123, 127 (1 st Cir.1987).


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(2) Argumentum Theory - As in criminal codes, the District Attorney must bring charges against abank robber within 5 years. However, if the bank robber leaves the State, the Statute Of Limitationstops to accrue until such time as the bank robber returns to the jurisdiction. Same can be argued ifthe lender leaves the state, goes out of business, or the address and phone number disclosed on adocument for communication purposes is no longer valid, time should stop running as of the date ofthe lender's disappearance and not started again until a receiver of liabilities is notoriouslyidentified.

(3) Fraud In The Factum -The misrepresentation must go to the essential nature or existence of acontract, for example, a misrepresentation that an instrument is a promissory note when in fact it isa mortgage. Or, a misleading statement by an agent that a loan contains certain terms desirable tothe consumer when it does not.

(4) Fraud In The Inducement- The use of deceit or trick to cause someone to act to his/herdisadvantage, such as signing an agreement or deeding away real property. The heart of this type offraud is misleading the other party as to the facts upon which he/she will base his/her decision toact. Example: "there will be tax advantages to you if you let me take title to your property," or "youdonlt have to read the rest of the contract, it is just routine legal language" but actually includes aballoon payment or other features that left undisclosed, induces the consumer into signing thedocuments.

(5) Bankruptcy - Regulation Z sections 226.15 and 226.23 taken from the Comptroller of CurrencyHandbook 2006 states: On certain loans in foreclosure and in conjunction with recent case law, the

consumers right to rescind can be extended for a period of greater than 3 years when a consumerfiles bankruptcy, and the consumer used that as a defense to a foreclosure action.

MERS ADDENDUM

See Federal Trade Commission Sec 5 -Unfair Business Practices - Deceptive Business Acts.

Pursuant to the Mortgage, Mortgage Electronic Registration Systems Incorporated (MERS)is acting solely as nominee for Lender and Lender's successors or assigns and is thebeneficiary under that security instrument. In that capacity, MERS initiated the foreclosureprocess by executing and recording certain instruments which sets in place the entities thatcarry out the process of foreclosure. However, there are many judicial opinions in severaldifferent states that MERS does not have the capacity as only a nominee to execute theprocess of foreclosure or to assign security instruments from one beneficiary to the other.In Luis E. Gallardo, 1O-0471O-MM7, vs Movant, US Bank National Association, as Trusteefor CSMC Mortgage-Backed Pass-Through Certificates, Series 2006-7, a recent San DiegoBankruptcy decision handed down by the Honorable Judge Margaret M. Mann, Judge Mannruled "Movant has not supplied evidence that establishes that Movant has standing to seek


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stay relief Movant has attached an

''Assignment of Deed of Trust" from MERS to Movant, which assigns the trust deed and the

related note. But, there is no evidence that MERS ever received an assignment of the note or

had the ability to assign the note to Movant. The note attached to the motion does not

indicate that the note has been endorsed to Movant or endorsed in blank such that it became

bearer paper. Without evidence either that MERS could properly assign the note, or that the

note was endorsed to Movant or in blank. Movant has not established standing to seek slay

relief.

The United States Bankruptcy Court for the Eastern District of California has issued a rulingdated May 20, 2010 in the matter of In Re: Walker. Case No. 10-2165-E-ll which found thatMERS could not, as a matter of law, have transferred the note to Citibank from the originallender, Bayrock Mortgage Corp. The Court's opinion is headlined stating that MERS andCitibank are not the real parties in interest.

The court found that MERS acted "only as a nominee" for Bayrock under the Deed of Trustand there was no evidence that the note was transferred. The opinion also provides that"several courts have acknowledged that MERS is not the owner of the underlying note andtherefore could not transfer the note, the beneficial interest in the deed of trust, or

foreclose on the property secured by the deed or mortgage", citing the well-known cases ofIn Re Vargas (California Bankruptcy Court), Landmark v. Kesler (Kansas decision as to lackof authority of MERS), LaSalle Bank v. Lamy (New York), and In Re:Foreclosure Cases, (the "Boyko" decision from Ohio Federal Court).

The opinion states: '''Since no evidence of MERS' ownership of the underlying note hasbeen offered, and other courts have concluded that MERS does not own the underlyingnotes, this court is convinced that MERS had no interest it could transfer to Citibank. SinceMERS did not own the underlying note, it could not transfer the beneficial interest of theDeed of Trust to another. Any attempt to transfer the beneficial interest of a trust deed ormortgage without ownership of the underlying note is void under most state laws." This

opinion thus serves as a legal basis to challenge any foreclosure based on a MERSassignment; to seek to void any MERS assignment of the security instrument or the note toa third party for purposes of foreclosure; and should be sufficient for a borrower to notonly obtain a TRO against a Foreclosure Sale, but also a Preliminary Injunction barring anysale pending any litigation filed by the borrower challenging a foreclosure based on a MERSassignment.

The Court concluded by stating: "Since the claimant, Citibank, has not established that it isthe owner of the promissory note secured by the mortgage, Citibank is unable to assert aclaim for payment in this case." Thus, any foreclosing party which is not the original lenderwhich purports to claim payment due under the note and the right to foreclose in on thebasis of a MERS assignment does not have the right to do so under the principles of thisopinion.

This ruling is more than significant not only for California borrowers, but for borrowersNationwide, as this California court made it a point to cite non-bankruptcy cases as to thelack of authority of MERS in its opinion. Further, this opinion is consistent with the priorrulings of the Idaho and Nevada Bankruptcy courts on the same issue, that being the lack of


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authority for MERS to transfer the note as it never owned it (and cannot, per MERS' owncontract which provides that MERS agrees not to assert any rights to mortgage loans orproperties mortgaged thereby.

Authority Of Mortgage Electronic Registration Systems (MERS) MERS is an enterprise thatholds the mortgages of 60 million American homes. It was created by the Mortgage BankersAssociation in the 1997 to run a computer registry that records mortgage loan tradingactivities in connection with the securitization of asset backed investments. It was

primarily set up to cut costs on paperwork and publication requirements by registering theassignment of security instruments from one investor to the other. In the securitizationprocess, mortgage loans may be purchased by one single investor or a group of many underone depository trustee without the need to record the transaction in the County in whichthe asset is located. The problem with MERS is that the real beneficiary is faceless andobscured from public records. By MERS standard contract agreement with its memberbanks, Notes are assigned to MERS in blank in order to affect the transfer of securities fromone investor to the other. The problem here is, a blank note docs not set a paper trail ofwho the owners of these investments were at any given time and therefore, a note assignedin blank does little as to enforcement. Essentially, anyone could come forth with a copy andclaim to be the owner of the note.

MERS has since evolved from that of a simple registration system to that of the custodian ofpowers. As such, MERS has essentially blocked homeowners from preventing their housesfrom becoming foreclosures and loan fraud victims from pursuing their cases in courtbecause they could not identify the companies holding their mortgage notes. Recent courtrulings in several states have challenged MERS in foreclosure cases and have found that, atbest, MERS only holds a copy of the blank notewith the true beneficiary holding the original note. MERS however commences theforeclosure process by supposedly assigning the security instruments to a Trustee. At best,the Trustee is in possession of blank security instruments at the time the Notice Of Defaultis recorded while the still unidentified holder of the real Note remains obscured.

In a foreclosure situation whereby MERS is the claimed beneficiary and the true beneficiaryobtains the Trustee's Deed affecting a credit sale back to the lender, MERS schemes toavoid the transfer tax of the transaction. Furthermore, in non-judicial states. MERS admitsto merely holding title as nominee for the true beneficiary. Here is an excerpt from their onweb site. "Normally, where the name of the grantee under the Trustee's Deed Upon Sale isdifferent than the name of the foreclosing entity, the Trustee's Deed Upon Sale states that the

"Grantee was not the foreclosing beneficiary. " This designation triggers the imposition of

transfer taxes on the sale. It is important to note that in a MERS foreclosure sale, even where

the property reverts, the name of the grantee will be different than the name of the entity

foreclosing. Nonetheless, the Trustee's Deed Upon Sale should state that, "The Grantee was the

foreclosing beneficiary." This is because MERS merely holds title as nominee for the true

beneficiary; it is the true beneficiary that has actually foreclosed and acquired title. Bythis admission, MERS has stated that they are not, and was not, the true beneficiary therebynullifying the nomination pursuant to the Deed Of Trust.Pursuant to the foregoing, in foreclosure cases, the borrower is encouraged to demand thatthe foreclosing institutions provide prima fascia evidence that they are indeed the legalbeneficiary, and legitimate owner of the Note with power of sale.


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In the Superior Court of New Jersey, Bank of New York v. Victor and Enoabasi Ukpe,

case #10-43081, a deposition by MERS Secretary Hultman revealed that MERS has no

employees, and that the signers on the assignments are certifying officers whose only

link to MERS is a corporate resolution signed by MERS Secretary Hultman. Accordingly,

the certifying officers are employees of MERS Member Financial Institutions and

Attorneys at firms doing foreclosures for MERS banks, as well as non-member

employees. The problem exists in the MERS companies bylaws which state that onlythe board of directors can appoint a certifying officer and that there is no evidence

MERS Secretary Hultman was given the power to appoint the certifying officers. If

Boards cannot pass resolutions that violate their companies bylaws any resolution

MERS Secretary Hultman may have in his possession may be invalid.

HUD ADDENDUM TO FORENSIC AUDIT

FAILURE TO COMPLY WITH FHA PRE-FORECLOSURE REQUIREMENTS

DEFINED

Federal law and the U.S. Department of Housing and Urban Development CRUD) requirelenders to take specific loss mitigation steps before filing a foreclosure action on loansinsured by HUD. These steps include mailing a publication called How to AvoidForeclosure, and in some instances, arranging a face-to-face meeting with the borrower.If the lender does not take the minimum steps necessary that comply with the law, then theforeclosure cannot proceed. Failing to comply with FHA pre-foreclosure requirements istreated as a failure to meet a condition precedent.Limitations

This defense is limited to loans that are insured by HUD (FHA mortgages). Conventionalloans through Fannie Mae or Freddie Mac, as well as sub-prime loans, are not covered bythis defense. The V A requires lenders make every effort to help veterans avoid foreclosure.This defense is limited to the pre-foreclosure steps that the lender must take. Once thelender has satisfied the initial steps (conditions precedent), it may proceed with theforeclosure process, even if loss mitigation or a loan workout is pending.

24 C.F.R. 203.500, et. scq.; HUD Mortgagee Letter 00-05: Loss Mitigation Program - Comprchensive


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Clarifications of Policy and Notice of Procedural Changes." in Federal National Mortgage Association v. Moore, 609 F.Supp. 194 (N.D.IlI. 1985), a case involving anFHA-insurcd mortgage, foreclosure was denied because of the mortgagee's failure to give to the mortgagorwritten notice of default and of intention to foreclose and of the mortgagor's right to apply to HUD forassignment of the mortgage in the form required by HUD regulations. See also, Mellon Mtge. CO. v. Larios, 97C 2330, 1998 WL 292387 (N.D.1ll., May 20, 1998); federal Land Bank v. Overhoe, 404 N. W.2d 445(N.D.1987); Union Nat 'I Bank v. Cobbs, 567 A.2d 899 (Pa.Super. 1989)." Federal Land Bank of St. Paul v.Overboe, 404 N.W.2d 445 (N.D. 1987),24 C.F.R. 203.602; HUD Mortgagee Letter 00-05: Loss Mitigation Program - ComprchcnsiveClarifications of Policy and Notice of Procedural Changes at page 5.24 C.F.R. 203.604(b).24 C.F.R. 203.500. As put by the North Dakota Supremc Court, " .... various courts have held that the failureof a lender to follow HUD regulations governing mortgage servicing constitutes a valid defense sufficient todeny the lender the relief it seeks in a foreclosure action. See Federal National Mortgage Association v. Moore,609 F.Supp. 194 (N.D.lI1.1 985); Cross v. Federal National Mortgage Association, 359 So.2d 464(Fla.Dist.Ct.App. 1978); Bankers Lile Co. v. Denton, 120 IlI.App.3d 576,458 N.E.2d 203 (1983); HeritageBank, N.A. v. Ruh, 191 NJ..Super. 53, 465 A.2d 547 (1983); Associated East Mortgage Co. v. Young, 163N.J.Super. 315, 394 A.2d 899 (1978); Federal National Mortgage Association v. Ricks, 83 Mise.2d 814, 372N.Y.S.2d 485 (1975). But see Manufactllrers Hanover Mortgage Corp. v. Snell, 142 Mich.App_ 548, 370N.W.2d 401 (1985); Federal National Mortgage Association v. Prior, 128 Wis.2d 182.381 N.W.2d 558 (Ct.App. 1985)." Federal Land Bank of St. Paul v. Overhoe, 404 N.W.2d 445 (N.D. 1987)_See the 26-94-01 V A Servicing Guide H26-94-1 athttp://www.vba.va.gov/ro/south/spete/rie/Servicer _Handbook. pdf (last visited Aug. 10, 2008.)

POTENTIAL RECOVERY

The failure to provide the necessary disclosures and counseling has been successfully usedas an affirmative defense. Additionally, the disclosure requirements create a conditionprecedent to foreclosure. That is, foreclosure cannot be filed until all of the pre-foreclosureconditions are satisfied. (See Mortgage Document section on: Conditions Precedent.)

APPLICABLE LAW

The federal law governing FHA lenders' foreclosure duties can be found at 24 C.F.R.

203.500, et. seq. The guidelines published by HUD that detail FHA lenders' requirementsunder the law can be found in HUD Mortgagee Letter 2000-05: Loss Mitigation ProgramComprehensive Clarifications of Policy and Notice of Procedural Changes.

ELEMENTS

The loan must be insured by HUD.

There is no statute of limitations, but the borrower must be in default to trigger alender's responsibility under this section of the law.

The lender must mail How to Avoid Foreclosure by the end of the second month ofany delinquency before foreclosing.If the loan is reinstated after the pamphlet has been mailed, the lender mustmail another copy if the loan again goes delinquent. However, the lenderonly needs to send one copy every six months.

The lender must make a reasonable effort to arrange a face-to-face meeting withthe borrower before three monthly installments are due on the mortgage and are


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unpaid, unless any of the following things apply:

The borrower does not reside in the mortgaged property;

The property is not within 200 miles of the lender, its servicer, or a branch office of either;

The borrower has clearly indicated that he or she will not cooperate in the interview;

A repayment plan in created and the payments become current; or a reasonable effort to

arrange a meeting is unsuccessful (consisting or at aminimum of one letter sent andcertified as dispatched by the post office,and at least one trip to the property).

The lender may not initiate foreclosure until at least three full monthly installmentsdue under the mortgage are unpaid.

Federal Land Bank of St. Paul v. Overboe, 404 N.W.2d 445 (N.D. 1987).724 C.F.R. 203.602; IIUD Mortgagee Letter 2000-05: Loss Mitigation Program - ComprehensiveClarifications of Policy and Notice of Procedural Changes at page 5.24 C.F.R. 203.602.24 C.F.R. 203 .604(b).

DEFENSES

This defense should be raised in a motion to dismiss for failing to perform a conditionprecedent. (SEE MORTGAGE DOCUMENT SECTION) Otherwise, a failure to perform dutiesunder this section of the code may be raised as a defense or affirmative defense.

SECTION 4

EXHIBIT LIST

EXHIBIT A:

EXHIBIT B:

EXHIBIT C:

EXHIBIT D:

EXHIBIT E:

EXHIBIT F:

EXHIBIT G:


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EXHIBIT H:

EXHIBIT I:

EXHIBIT J:

EXHIBIT K:


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EXHIBIT A


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EXHIBIT B


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EXHIBIT C


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EXHIBIT D


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EXHIBIT E