of ee mTe IN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA, BANK OF AMERICA, NATIONAL ASSOCIATION, AS SUCCESSOR BY MERGER TO LASALLE BANK, N.A. AS TRUSTEE FOR THE MLMI TRUST SERIES 2006-AR1, Plaintiff, Case #: CACE09-21933-05 vs. CELIZENA JULME; VILAMAR JULME; ET AL, Defendant. EMERGENCY MOTION TO CANCEL/POSTOPONE SALE, VACATE FINAL JUDGMENT AND REQUEST AN EVIDENTIARY HEARING BASED UPON FRAUD ‘ON THE COURT Comes now, the Defendants, CELIZENA JULME and VILAMAR JULME, and pursuant to Florida Rules of Civil Procedure 1.100(b), 1.140(b)(1)(6) and (h)(2) and 1.210(a) and 1.540(b) requests this Court to Cancel/Postpone the sale date of October 29, 2009, Vacate the Final Judgment and Request an Evidentiary Hearing Based Upon Fraud on the Court and as grounds therefore states: 1. The Plaintiff, BANK OF AMERICA, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO LASALLE BANK, N.A, AS TRUSTEE FOR THE MLMI TRUST SERIES 2006-ARI (BOA), filed their complaint on April 16, 2009, without proper standing to do so, and made material mistepresentations in their pleadings. 2. An assignment was never recorded, never attached to any Compliant or other document. Only a purported Assignment was provided to the Court months later on July 31, 2009. 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 was fraudulent.. (See attached Exhibit A)10. FC770035 The Assignment can readily be determined to be bogus and backdated, because the Notary, Richard E. Price, did not have his present Notary Public Commission until 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 two months before he received his Notary? (See attached Exhibit B) Furthermore, BOA is a trustee in this case, and does not and cannot own the mortgage, as they are acting on behalf of the investment trust. BOA has claimed that they are the owner and the holder of the note, which is fraudulent statement. In addition to not having standing and claiming that they own and hold the note and mortgage, BOA falsely alleged, “The original note has been lost and is not in the custody or control of Plaintiff, The note was continuously in possession and control of Plaintiff's assignors and predecessors from the date of its execution until the loss and has not been paid or otherwise satisfied, assigned or transferred”. Since BOA is not the owner and holder of the note, nor where they at the time of filing this foreclosure action, they cannot simultaneously claim, “The original note has been lost.” BOA, as trustee for mortgage-backed securities has been filing foreclosure actions across the United States under false, deceptive, and misleading representations without any legal standing to do so, representing a pattem of corrupt and illegal activity. BOA’s complaint clearly establishes that an entity other then BOA was in fact the true owner of the claim at the time the lawsuit was filed. BOA has failed to establish through any of its filings that it owned or held the mortgage or the promissory note at the commencement of this action, BOA is not, and never was the real party in interest, and is not authorized to bring this foreclosure action. 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, the Borrower (Defendants), CELIZENA JULME and VILAMAR JULME, and the Lender, Argent Mortgage Company, LLC.12. 13. 14, 1s. 16. 17. 770035 In Florida, the prosecution of a residential mortgage foreclosure action must be brought by the owner and holder of the mortgage and note, Plaintiff is not entitled to maintain an action if it does not own and hold the note which is purportedly secured by the subject mortgage. Your Construction Center, Inc. ¥. Gross, 316 So. 24 596 (FI. 4" DCA 1975), Greenwald v. Triple D Properties, Inc., 424 So. 2d 185, 187 (Fla. 4" DCA 1983). The plaintiff BOA’s lack of ownership of the mortgage and promissory note in this case goes to the heart of its claim of standing, permeates the entire proceeding and subverts the integrity of the action. Metropolitan Dade County v. Martinsen, 736 so. 2d 794 (Fla. 3 DCA 1999). Standing requires that the party prosecuting the action have a sufficient stake in the outcome and that the party bringing the claim be recognized in the law as being a real party in interest entitled to bring the claim. This entitlement to prosecute a claim in Florida courts rests exclusively in those persons granted by substantive law, the power to enforce the claim. Kumar Corp. v_Nopal Lines. Lid, et al, 462 So. 241178, (Fla. 34 DCA 1985). In an attempt to cover up their sham pleadings, BOA filed a purported original note and assignment of mortgage with the court on July 31, 2009, over three months after the filing of the lawsuit. These filing, besides being over three months late, as opposed to the statutory requirement of being included with the filing of the complaint, still fail to give BOA standing. In addition to the non-recorded fraudulent purported assignment (see above paragraphs 2-4), the Note that was filed is endorsed to 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 MLMI TRUST SERIES 2006-AR1, clearly not the Plaintiff in this case (See attached Exhibit C). Furthermore, Bank of America didn’t enter into an agreement to purchase LaSalle Bank until April 23, 2007 and didn’t officially take over LaSalle Bank until October 1, 2007. How could documents such as the Note and the alleged18. 19. 20. 2 22. BC770035, ‘Assignment, both allegedly signed and endorsed in January of 2006, indicate Bank of America as Successor to LaSalle Bank, # merger that didn’t take place until over 1 and ¥% years later? Unless the Plaintiff ean demonstrate their abilities of clairvoyance, said documents were clearly doctored and fabricated in anticipation of litigation. (See attached Exhibit D) Even the bogus assignment provided was not recorded as required by Florida Law. Fla, Stat. §701.02 states in pertinent part: (1) An assignment of a mortgage upon real property oF of any interest (pin, ig not good or effectual in lavw or equity, against creditor: oF Subsequent purchasers, for a valuable consideration, ané ‘without notice, sens asignment is contained in a document that, in its title, indicates an assignment of mortgage and is recorded according to law. Florida Courts have also held that an assignment must be executed before a party may file suit. See Progressive Exp_Ins. y._MeGrath Commu Chiropractio, 913 $0.24 1281, 1287 Fla, 2 DCA 2005) (Where an insurance provider alleged that insurance benefits were assigned (0 it without producing 4 ‘ertten instrument, then amended the claim with a written instrument dated six months after the filing ofthe suit, held that the provider lacked standing because there was no assignment at the time that the case was filed in court) Not only has BOA failed to provided any documentation whatsoever that they are the real party in interest in this case, their status as, Trustee limits their authorization to act, and they are barred from taking any action not specifically authorized under the Pooling and Servicing Agreement (PSA)- Florida law is clear that a bank is acting ultra vires if its trust department exercises a power not expressly granted to it by the trust agreement. ‘The respective powers of a Trustee must be interpreted by the Plan Documents, especially the Trust Agreement, Celotex Corp». Cita ‘New York, 487 F.3d 1320 (11" Cie, 2007), Furthermore, “From the trust, the trustee derives the rule of his conduct, the extent and the limit of his authority, the measure of his obligation.” Jones v. First Nat'l Bank in Fort Lauderdale, 226 So. 2d 834, 835 (a, Dist. Ct. App 1969). Also, “The trustee can properly exercise such powersand only such powers as (a) are conferred upon him in specific words by the terms of the trust, or (b) are necessary or appropriate to carry out the purposes of the trust and are not forbidden by the terms of the trust.” Restatement (Second) of Trusts 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 at www.secinfo.com, The applicable Pooling and Servicing agreement which governs BOA’s conduct and outlines their specific powers conferred upon them in the administration of The MLMI Trust Series 2006-ARI is a 195 page document, which applicable parts referenced will be attached to this motion, (See Attached Exhibit B), 24. SECTION 2.01. Conveyance of Mortgage Loans The Depositor, concurrently with the execution and delivery hereof, does hereby sell, transfer, assign, set over and convey to the Trustee without recourse all the right, title and interest of the Depositor in and to the assets of the Trust Fund. Such assignment includes all interest and principal received on or with respect to the Mortgage Loans on or after the Cut-off Date (other than Scheduled Payments due on the Mortgage Loans on or before the Cut-off Date). In connection with such assignment, the Depositor does hereby deliver to, and deposit with the ‘Trustee the following documents or instruments with respect to each Mortgage Loan: (A) The original Mortgage Note endorsed in blank or, "Pay to the order of LaSalle Bank National Association, as trustee, without recourse" together with all riders thereto. The Mortgage Note shall include all intervening endorsements showing a complete chain of the title from the ‘ransferor to L a. (8) Except as provided below and for each Mortgage Loan that is not a MERS Loan, the original recorded Mortgage together with all riders thereto, with evidence of recording thereon, or, if the original Mortgage has not yet been returned from the recording office, a copy of the original Mortgage together with all riders thereto certified to be @ true copy of the original of the Mortgage that has been delivered for recording in the appropriate recording office of the jurisdiction in which the Mortgaged Property is located and in the case of each MERS Loan, the original Mortgage together with all riders thereto, noting the presence of the MIN of the Loan and either language indicating that the Mortgage Loan is @ MOM Loan or if the FC770035Mortgage Loan was not a MOM Loan at origination, the original Mortgage and the assignment thereof to MERS, with evidence of recording indicated thereon, or a copy of the Mortgage certified by the public recording office in which such Mortgage has been recorded. (C) In the case of each Mortgage Loan that is not a MERS Loan, the original Assignment of each Mortgage in blank or, to "[aSalle Bank National Association, as trustee.” (0) The original policy of title insurance (or a preliminary title report, commitment or binder if the original title insurance policy has not been received from the title insurance company) (2) Originals of any intervening assignments of the Mortgage, with evidence of recording thereon or, if the original intervening assignment has not yet been returned from the recording office, a copy of such assignment certified to be a true copy of the original of the assignment which has been sent for recording in the appropriate jurisdiction in which the Mortgaged Property is located. (EMPHASIS ADDED) (®) 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, consolidation or modification, as the case may be, with evidence of recording thereon, if applicable, concurrently with the execution and delivery of this Agreement solely because of a delay caused by the public recording office where such Mortgage, Assignments of Mortgage or assumption, consolidation or modification, as the case may be, has been delivered for recordation, the Depositor shall deliver or cause to be delivered to the Trustee written notice stating that such Mortgage or assumption, consolidation or modification, as the case may be, has been delivered to the appropriate public recording office for recordation. Thereafter, the Depositor shall deliver or cause to be delivered to the Trustee such Mortgage, Assignments of Mortgage or assumption, consolidation or modification, as the case may be, with evidence of recording indicated thereon, if applicable, upon receipt thereof from the public recording office. To the extent any required endorsement is not contained on a Mortgage Note or an Assignment of Mortgage, the Depositor shall make or cause to be made such endorsement. (i) With respect to any Mortgage Loan, none of the Depositor, the Servicer or the Trustee shall be obligated to cause to be recorded the Assignment of Mortgage referred to in this Section 2.01. In the event an Assignment of Mortgage is not recorded, the Servicer and the Trustee shall have no liability for their failure to receive and act on notices related to such Assignment of Mortgage. FC770035,25. 26. 27. 28. 29. 30. 770035 As emphasized above in letters (A), (C), and (E) for a mortgage loan to be included into this trust it MUST include a recorded Assignment as well as an Original Note, both endorsed in blank or “Pay to the order of LaSalle Bank National Association, as trustee”, BOA has provided a bogus Assignment, that is not recorded and a Promissory Note, both of which are endorsed to 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 MLMI TRUST SERIES 2006-AR1 Besides clearly not being in compliance with the Trust, the Plaintiff BOA has failed to produce any evidence that they are “Successor by Merger to LaSalle Bank”, nor is there any indication as to what U.S. Bank National Association as Successor Trustee has to do with the Plaintiff in this case. A Trust cannot sue outside the parameters of its own contract that give it life and powers. Outside the PSA the Trust has no existence and no powers. Such fraudulent behavior of filing foreclosure lawsuits without proper standing to do so is an increasing nationwide problem, and numerous state, federal district and bankruptcy courts have caused actions such as the present one to be dismissed for failure to state a claim. As held in Jn Re Foreclosure Actions, “A Foreclosure plaintiff, especially one who is not identified on the note and/or mortgage at issue, must attach to its complaint documentation demonstrating that itis the owner and holder of the note and mortgage upon which suit is filed. In other words, a foreclosure plaintiff32. FC770035 ‘must provide that it is the owner and holder of the note and mortgage as of the date the foreclosure action is filed. Appropriate “documentation” includes, but is not limited to, trust and/or assignment documents executed before the action was commenced, or both as circumstances may require.” 2007 WL 4034554 at *1 (ND. Ohio 2007), In Nosek v. Ameriquest Mortgage Company (In re Nosek), 386 Br. 374 (Bankr D Mass. 2008), during five years in which a chapter 13 bankruptcy proceeding was pending, the note and mortgage and associated claims had been prosecuted by ‘Ameriquest which had represented itself to be the holder of the note and mortgage. It was not disclosed until later on down the road that they were merely the servicer. In addition there wasn’t even an assignment of the servicing rights until three years after the chapter 13 bankruptcy had been pending. ‘The Court had previously noted on more then one occasion that parties who do not hold the note of mortgage do not service the mortgage do not have standing to pursue from the mortgage obligation. As a motions for leave or other actions ari result of these misrepresentations, the Court sanctioned the local law firm that had been prosecuting the claim $25,000 and Ameriquest Mortgage was sanctioned $250,000. (In addition national counsel was sanctioned $100,000 and Wells Fargo Bank as trustee was sanctioned $250,000, but these sanctions were overtumed on appeal). In Deutsche Bank Nat’! Trust Co, v, Steele, 2008 WL 111227 ($.D. Ohio), the Court refuused to allow Deutsche Bank Nat’! Trust to proceed with foreclosure34. 35. 36. 37. 38. 39. C7035 proceedings until they could show, by a preponderance of the evidence, that it owned the note and mortgage when the complaint was filed, Rule 1.210(a) of the Florida Rules of Civil Procedure provides, in pertinent part: Every action may be prosecuted in the name of the real party in interest, but a personal representative, administrator, guardian, trustee of an express (rust, @ party with whom or in whose name a contract has been made for the benefit of another, or a party expressly authorized by statute may sue in that person's own name without joining the party for whose benefit the action is brought... The Plaintiff, BOA, meets none of these standing and pleading criteria, In Florida, the prosecution of a foreclosure action is by the owner of the mortgage and the holder of the promissory note. ‘No Florida case holds that a separate entity can maintain suit on a note payable to another entity unless the requirements of Rule 1.210(a) of the Florida Rules of Civil Procedure and applicable Florida law are met, Corcoran v. Brody, 347 So. 24 689 (Fl. 4th DCA 1977). FlaR.Civ.P, Rule 1.310(b) provides that all exhibits attached to a pleading shall be considered @ part of the pleading for all purposes. It appears on the face of the Plaintiff's Complaint and the documents attached thereto that the Plaintiff is not the proper party to bring this action. When exhibits are inconsistent with the Plaintiff's allegations of material fact as to who the real party in interest is, such allegations cancel each other out. Fladelll Palm Beach County Canvassing Board, 772 $0.24 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 $0.24 1114 (Fla, 3rd DCA 1983), “The determination of standing to sue concerns a court’s exercise of jurisdiction to hear and decide the cause pled by a particular party.” Rogers & Ford Const. Corp. u. Carlandia Corp. 626 80.24 1350,1352 (Fla.1993). In the instant case, the Plaintiff, BOA, knew and was fully aware that it was asserting a right to foreclose as if it was the owner and holder of subject mortgage and promissory note when the Plaintiff knew that such right did not exist.40. 41, 42. 4B 44 45, 46. FC770035 Furthermore they committed open fraud in attempting to fabricate standing to file this foreclosure case. “A plea is considered ‘sham’ when it is palpably or inherently false, and from the plain or conceded facts in this case, must have been known to the party interposing it to be untrue.” Rhea v. Hallmey, 157 So. 190, 193 (Fla. 1943); O’Berry v. Pearson, 186 So. 430 (1939); Furst v. Blackman, 744 So.2d 122(Fla, 4th DCA 1999), Reif Development, In. v. Wachovia Mortg. Co,, 340 $o.2d 1267 (Fla.4" DCA1976). ‘The integrity of the civil litigation process depends on the truthful disclosure of fe 1999), Andrews v. Palmas De Majorca Condo, 898 So.24 1066 (Fla. Sth DCA 2005). A trial court has the inherent authority, within the exercise of sound judicial is. Metropolitan Dade County v. Martinson, 736 $0.24 794 (Fla. 3rd DCA discretion, to dismiss an action when a Plaintiff has perpetrated a fraud on the court, Arzuman v Saud, 843 So.2d 950 (Fla. 4th DCA 2003), Piumno v RF. Conerete Constr., Inc., 904 $0.24 658 (Fla. 4th DCA 2005). A party guilty of fraud or misconduct in the prosecution of a civil proceeding should not be permitted to continue to employ the judiciary to achieve its ends, Andrews v. Palms De Majorca Condominium, 898 So. 2d 1066 (Fla. Sth DCA 2005). It is appropriate for the trial court to dismiss an action based on fraud, where there is blatant showing of fraud, pretense, collusion, or other similar wrongdoing. Distefano v. StateFarm Mutual Auitomobile Ins. Co., 846 So.2d 572, 574 (Fla. Ist DCA 2003). Defendant seeks a dismissal of the Plaintiff's complaint on the basis of fraud on the court and under the circumstances of this case, “a formal evidentiary hearing on this motion to dismiss, as well as permissible discovery prior to the hearing, is required.” Dynasty Express Corporation v. Weiss, 675 $0.24 235, 239 (Fla. 4th DCA 1996). Unfortunately, such factual situations like this occur all of the time, and BOA files thousands of foreclosure lawsuits throughout the country, while neverowning the note in many suits they bring, while they make the same fraudulent claims before the court, often going unchallenged as they foreclose on peoples’ homes. 47. Florida Rule 1540(b) also gives relief from judgment, decrees or orders if there is merit to the case, which there is in this case, In paragraph (b) on motion and upon such terms that are just, the court may relieve a party or a party's legal representative from a final judgment, decree, order, or proceeding for the following reasons: i, Mistake, inadvertence, surprise, or excusable neglects ii, Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial or rehearing; and iii, Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party. The rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, decree, order or proceeding or to set aside a judgment or decree for fraud upon the court. From the plaintiff's own pleading, it is easy to see where there have been both fraud and misrepresentation in this case. WHEREFORE, the Defendants, CELIZENA JULME; VILAMAR JULME, request this Court to Cancel the foreclosure sale scheduled for October 29, 2009 pending, a full Evidentiary Hearing; vacate the Final Judgment of Foreclosure, dismiss the Plaintiff's complaint with prejudice; award the Defendant attomey’s fees and for all other relief to which the Defendant proves himself entitled. FC770035CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of the foregoing was forwarded via facsimile and U.S. Mail, on this day of September, 2009, to: Gabrielle M. Strauss, SMITH, HIATT & DIAZ, P.A., Attomeys for Plaintiff, P.O. Box 11438, Ft. Lauderdale, Florida 33339- 1438; Fax: (954)564-9252. LOAN LAWYERS, LLC Attorneys for Defendant 377 North State Road 7, Suite #202 Plantation, FL 33317 Telephone: (954) 523-4357 Facsimile: (954) 581-278 By: (ATIS H. ABRAVANEL, ESQ. FBN 130435 FC770035Wilsaure Credit Corporation 14528 SW Makan Way 1200, Beavenon, OR $7005, a, L2OALLe Loan No, 0082370678 - 9605 Ths form was prepared by Argent Mortgage Company. LLC Address 3 Park Plaza, 10h Foor, Invine, CA 92614 Telephone Ne. (888)317-4721 ASSIGNMENT OF MORTGAGE FOR VALUE RECEIVED, mo undersigned holder of a Mortgage (heven “Assigror) whose ads is 3 Park Piaza, 10m Flor, Ivine, CA 82614 ‘does heredy arant, sel assign, transfer and convey, unio __ ee (ere "Assignee ‘organized and oxstng under the laws of sees ee ieee see ee eee ged 8 certain Morgane dated 01/12/08, made and execuied by VILAMAR JULME and CELIZENA JULME, Husband and Wi **#0.S. Bank National Association, as Successor Trustee to Bank of Anerica, National Association, as successor by serger to LaSalle Bank, NA. ao Trustee for the MLML Trust Series 2006-ARI ‘o and in avor of Argent Mortgage Company, LLC upon the folowing descnbed propery situated in BROWARD County, Stato of Feria: "EXHIBIT A ATTACHED HERETO AND MADE & PART HEREOF sven Mortgage having been oven to secure payment of three hundred sixty-nine thousand seven hundred fity and (360,750.00 _ which Mongage is of Recordin Book, Volume, or Liber nda cnprolPocge anomtatea (pd (eo No443@h, st pane AS-LAA (or as No JS H92eb) of re COUNTY Records of BROWARD County, State ot oxida, together wh the ree) and obligato erin described end te money due ata become cue Nereon wih aeret and all rights accrued oo aeerve under such Nonoage. TO HAVE ANO TOHOLD he same unto Assignee, ts successor and assons. forever. subject oi othe ems ‘and conditons ofthe above-described Motgage, IN WITNESS WHEREOF, the undersigned Assignor has executed this Assignment of Mortgage an 04/28/2006 - ‘argon! Mortgage Company, LLC Wass Shana Pace Gssignor) malt Wondola Estrada ee TareyaGesh- agent State of New York ‘County of Westchester (On 0172972008 belore me, Richard E. Price Personally appeared Marcia Mergan ersanally known to me fr proved to me on the basis of salsfactary evidence) tobe the person(s) whose names) isaro Suoscribed (0 the within instrument and acknowledged to me tral NeishelIney executed the some in hiaierther authonzed capacty{ies), and that by hisherteir signature(s) onthe instrument the person(s) he ently pon berol at which i the person\s) acted, executed the instrument AlCHAND EPs NOTARY PUBL, STATE OF NEW YORK NO. ciPASIGTISS ‘QUALIFIED IN WESTCHESTER COUNTY EXHIBIT (COMMISSION EXPIRES WAACH 25, 20) }Department of State Division of Licensing Services Licensee Information ID Number: Name: Business Name: Business Address: County: License Type: Expires: {Name Search } [ Busines: (Licensee s Nam ( Dizoen of Lc Serves Home Pose lof! + OIPRSOS7755 : PRICE RICHARD E : NOT APPLICABLE : NOT APPLICABLE : WESTCHESTER : NOTARY PUBLIC 5: 03/25/2010 Search } [ ID Search ] Search Menu } a8 }{ NYS Damen of Sis Hoa Pate | 1 EXHIBIT 9/24/2009 1:24 PN,Office oF the County Clerk, Westchester County, New York PUBLIC VIEWER FAQS) CONTACT US | OIRECTIONS | Questions esse Renewing Your Notary Public Commission How do I renew my notary public commission? “The erm of a star pubic exes fer ax years renewal appicaten mated to the ‘olay approxmatey tee maths grea he expratonet he Fer commas Plates sare is retary renewal fom, slong wih a $80 0 fee payabe to “Westfeste County Clot to The Otoe of re Wlestrester Coury Cer 1S Or Mann Laer Kg J Bd [tn Nelay Dee, Roam 30, Wnts Ping NY 10801 Ite recorded fa yu rude set sacresse, stamped enwope, 0 tal 9 Yee canbe ‘eure lo you c= You! Tenewais proseased bythe oer If youhave renewed ia ime fahon, once yeu hae 3 rea tom ths oie you nay eds ‘oir years to you expraton dite ara cart to toarae, You do nt read fo wat fo ‘eeeive your ertfeaion cara om te Depron ct Stata Tt ay toe ee o fo moths rm the ere you renew wth fen Tor yout recive yeu ert Featon card from he New Yor Se Ospareat of Ste you nave lat r misplaced your Nolary Renewal Fam. sess cotact our Notary Deparment ve pone a 614)95-9077 oem CC Nnanoeslcestegoy co an we ‘an ararge fo have a energane rea fom Sev To you areas Yu Nita Pb Gorman > ean ce tas fount Ce wees Leyes Sm & Neolseur Divo Dasa? (hsteegrteakyumber. 0092370675 - 9606 ADJUSTABLE RATE NoTE ) | 7OU7 6 (LIBOR Index - Rate Caps) THE STATE DOCUMENTARY TAX OUE ON THIS NOTE HAS BEEN PAID AND THE PROPER STAMPS HAVE BEEN AFFIXED TO THE MORTGAGE THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME ANO THE MAXIMUM RATE I MUST PAY, THIS LOAN HAS A PREPAYMENT PENALTY PROVISION. Jaovary 12, 2008 Write Plaine Ny a} (en (ste 721 NW 70 TERRACE, PLANTATION, FL 33917 ropa Aces 1. BORROWER'S PROMISE TO PAY In return fora loan that | have receved, promise to pay US $ 369,750.00 (is amount called “principal, ps interest, othe cxder ofthe Lender. The Lender ie Argent Mortgage Company, LLC |Lunderstang tha the Lender may transfer this Note. The Lender o: anyone who takes this Note by transfer anc who ie lenttied to receive payments under this Notes called the "Note Holder INTEREST Interest wil be charged on unpaid principe unl the fll amount of prvipal has been paid. | wil pay nletet at a veary ate of 6.780%. This inlerest rate | wil pay may enarge n sccorcance wth Section cf ins Nowe The ’niereat rate requres by ths Section 2 and Section 4 ofthis Ne the rato | wil pey bath before and ater any default ‘described in Socton 7(B) of ins Note 3, PAYMENTS (A). Time and Place of Payment | wit ay principal and interest by mang payments every mont, ‘al make my monty payments on te fest day of each month beginning on Maren 1, 2008 wil make these payments every manth unt I nave paid all ofthe principal ad inerest arc any other charges Gescibed below that | may owe under this Note. My monthly payments wil be applied to interest before pica, ll on February 4, 2036 , | sit owe amounts under this Note, | wil pay those amounis in ful on Lnat date, which is ealed te materdy ate ‘ll make my payments et: 608 City Parkway West, Sut 100, Orange, CA 92868 ‘or ata diferent place quired by the Note Holder, (2) Amount of My Initial Monthly Payments Each of my nial marthy paymenis vl be in the amount of US. § 2,398.20. This amount may change. (C) Monthly Payment Changes Changes in my monthy payment wil reflect changes in the unpaic areal of my loan and inthe interest ate tat ‘must Day. ‘The Note Holder wil determine my pew inerest ale ard the changed amount ol my month payont in ‘ccardence wth Section 4 of ths Nate 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates ‘The interest cate | wil pay may change on the frst day of February, 2008 , and on thal day every siih mons thereafter. Each dele on which my interest rale could change is cated a "Change Date” (8) The index: Beginning with the frst Change Date, my inerest rate will be based on an Index. The “index” isthe average of interoank offered rates for she-manth US. dolrdenominated deposits in the London market (UIBOR', as published in The Wall Steet Journal, The most recent Index figure avaiable as o the vale 45 days tele the ‘Changs Date called tne "Current Incax” {fa any point in ime the Index is no longer avaiable, the Note Holder wl choose a new index that is based upon comparabie formation. The Note Holder wil give me nove o is choice (©) Calculation of Changes Betore each Change Date, the Note Holder wil calevate my nev interest rate by adding. six percentage soi) { 6.000%) to the Current Index. The Note Holder wal then round the result of bis adciton Io the nearest ona-e. ght of one percent (0.125%). Subject lo the hits stated in Section 4(0) Below, this rounded amoum wil be my nor interest rate until the naxt Change Date. The Note Holder wil then determine the amaunt of ne monthly peymem that would be sufficient to repay the unpaid principal that | am expected to ove al tne Chenge Date inl an be Matuity Date at my new interest rate substantialy equel payments. The resul of tis caculaton wi be the Few ‘amount of my monthly payment EXHIBIT in‘oan Number: 0092870678 - 9608 (0) Limits on interest Rate Changes : The fret rate | am requied to poy atthe Wsl Change Date wil rot be greater than 8.750 So ess than SII, Towa’, ry cts al il nye be vanes caeaned.oh any srge Charge Use re an One percentage ports) 1.000%) rom te ‘ae of mrt nave been paying ore preseana a Ronee My oterestate wil ever be greater ban 12.780 % orleas han 8780 40 ee mresesng (Effective Date of Changes ‘My new iferest rate wil become effective on each Change Date. | wil! pay the amount of my new monthly payment beginning on the fst monty payment gate ater the Change Date unt {ne amaun! of my monty Payment changes again. (F) Notice of Changes ‘The Note Holder wil elver or mai to me a notice of any changes in my interest ate an the amount of my monthy payment befor the effective date of any change. The nate vill nelice information required by law tobe given me {8nd aso the fite and telephone numberof a person who will answer any question | may have regarding the notice 5. PREPAYMENT PRIVILEGE | may repay al or any par of the principal balance of ths Note in accordance wih the terms of ths Seaton. A “prepayment is any amount that | pay in excess of my ragularly scheduled payments of ofircinal and inert tat the Lender wil apply to recuce the custanding principal bales on tis Note in accoreance mith the Section, (A) Prepayment Mase Two (2.00) year(s) After the Date of this Note {wil not have to pay a prepayment charge if make @ repayment an the Two (2.00) year anniversary ofthe date this Notes executed, or al any ime thereat. (6) Prepayment Made Within Two (2.0) years) of the Date ofthis Note | wil pay Lender @ prepayment charge i,m any twelve (12) month perieg before the Two (2.00) year(s) aniversary Of the date this Note is executed, | prepay more than 20% of the orginal principal balance of Ins Nate. The repayment charge wl be sk (6) months interest. at the rato then in elfecton this Note, on the amount in excess of 20% ofthe crginalprincpal balance that prepay within such 12 month period (C) Application of Funds’ ‘agree that when | incicate in wring that | am making @ prepayment, the Lender shat apply funds t ecewes frst to pay any prepayment charge and next in accorcance withthe order of aonlcation ol payments st far in Section 2of he Securty Instrument (2) Monthly Payments It make a prepayment of an smount les than the amount needed te completely repay all amounts due under tis Nate and Secunty lastument, my regulary scheduled paymenis of principal and interest wil rat change as 2 result 6. LOAN CHARGES Vala, when apples to this loan and which sote maximum loan chorges, i nally interpreted so thatthe interest or ‘other loan charges collected oto be collected In connection with tas loan exco0d tho parmiled levis, hen () any ‘eh loan charge shall be reduced by the amount necessary to ecuce the charge tothe permed le and i) any sums aeady cotected from me which exceeded permed Imts wil be refunded fo me. The Note Holder mey ‘choose to mske iis refund by reducing the principal | awe urd ths Note o by making a crcl payment fo me. Ita ‘refund reduces tne prnepal, the reduction wil be Wealed ae = paral prepayment 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payment If he Note Holder has nol received the ful amount of ary manthy payment by the end of fifteen calendar days attr the date ts de, | wil pay a late charge lo the Note Holder. ‘The amount of fhe charge willbe 8.000% of hy overdue payment of principal ard interest | wil pay ts lale charge promptly bul ony once on each late ayment of Getaui IF.do not pay the fll amount ofeach monty payment on the date iis dus wt be in detaut (6) Notice of Betauit, 11am in eft the Note Holder may send me @ witlen nace teling me tat} do not psy the overcue amcurt by certain date, tho Note Holder may cequre me to pay immediately the fl amount of pinipal which has net been paid and ail he intrest that | ewe On that amount, The date must be atleast 30 days ater he alo on which ine noice delivered or mae me. (0) No Waivar by Note Holder Even fata time when Iam in default the Note Holler does rol resue me to pay mmc nfl described above, the Note Helder wl tl have the ght a co so fam in default tater ime iment of Note Holders Costs and Expenses ithe Note Holder has requied me fo pay immediately in fll ss described above, the Note Hole nl rave the "ight tobe pals back by me fer a of is casts ana expenses in erorcng ths Nate tthe extent nol prohbted by {applicable aw. Those expenses Mie, fr exampla reazonaie storeys fees © 8. GIVING OF NoTICEs LUniess epplicable lw requires a diferent method, any notice that must be given to me under th Note wil Be {gen by delivering it or by maiing it by fst class mai to me at tne Properly Address above or at a diferent _Bdoress fl give the Note Holder a notice of my diferent addrecs ‘Any rotice thal must be given fone Note Hole: under ths Note wll e given by malig iby tt ess mato tne Nolo Holger at the adgress slated in Secton 3(A) above o* at a ciforont aderess i | am aiven notice of that ‘tferen! adaress wots CT sim peo 2a ‘rnaraab 8652.AlA oo Number 0082270675 S05 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE Ye han ana pertn signs ths Noe each pen i fly nd personaly oblgeed to ken al he prices, Ime i ths Noe ving the promise fo Pay tefl amet owes ary Sse ane hee ce ses ths Note. The Note Holder may enforce is nghis under is Note against each person civ dualy or agatet al ef Us tagather, This means that any one cf us may be require to pay all ol the amounts owed under ins Now 10, WAIVERS | nd any other person who has obigaions under this Note waive the righs of presentment and notice of éshonos Presentment” means the right to requ the Note Holder to demand payment of amounts ue, "Nolce of Drona: ‘means the right to require the Note Holder fo give nie to olher persons thal amounts dus have not eos pos ‘1. UNIFORM secURED NOTE This Note uniform inskument with limited variations in some jurisdictions. In addition to the protections guen to the Note Holder under this Note, A Mortgage, Oeed of Truster Secu Deed {the “Securly Instrument) Seed the same as lis Nol, poles the Note Holder fom possibe ieses which migh rest tI do nol woos, the Bromisos that I make in tis Note. That the SecuyInstumen!cesenbes how and under wha! conten | ay be ‘equied to make immediate payment in ful ofall amaunts | owe under iis Nove. Some Of Liose condone are Aescribed as flows Transler of tne Proverty ora Benefeial Interest in Borower. fal or any pat ofthe Property or any intrest nt 's sold or transfered (or i © beneficial interest in Brower is sold or translered and Boroner wv mle aed person) without the Lender’ prior wet congent, Lander may, ats option, requ immedi payment nue ak Sums secured by this Securiy Insiument. However, tn option shal nol be exercised by Lend: f eusvecg pronbted by federal law as ofthe date ofthis SeculyInsrument. Lender aiso shall not oxeroue tna onton Fa) Borrower causes to be submited to lender information required by Lender lo evalua the ntended teeters a4 ¢ 2 new loan were being made fo the trenslere; and (0) Lender reasonable cetermines tral ences sevutty nt nl be imoairad by the oan assumption and thal the risk ofa breach of any covenant oF agreement ns Secuniy Instrumente acceptable to Lender To the extent permitted by applicable law, Lender may charge a reasonable fee as 9 condtion of Lender's onsont tothe oan assumption. Lender may also requte the transferee to sign an assummton sgrewnen fore accepiabie fo lender and that blgates the ransferee to keep all tho promises and agreements made vie Note ‘2nd inthis Securty instrument. Borrower wil contre to be etigated under ihe Nole and ina Secuny Insturent Unless Londar releases Borrower in wing, NW Lender exercises the option Io require immodiate payment in fl. Lender shal gve Borrower noice of ‘acceleration. The notice shall provide a period of not less than 30 days from the date the netee 6 celvered or ‘mailed wit which he Borrower must pay ail sums seaured by this Seounly Inctument. I Borewer fas to oop {hese sums prior to the exptation of this petod, Lender may invoke any remedes permse by Ihe Secenty Instument without futher neice or demand en Boriower Oral agreements, promises or commitments to lend money, extend credit, or forbear from enforcing repayment of a debt, including promises to extend, modity, renew or waive such debt. are not enforceable. ‘This wation agreement contains all the terms the Borrower(s) and the Lender have agreed to. Any subsequent wgroement between us regarding this Note or the instrument which secures this Note. must be I a signed unig te be legally enfore WITNESS THE HANDS) AND SEAL(S) OF THE UNDERSIGNED. Mac Nj Me (sean (Seay Bath en ttl Baraat = PAY TO THE ORDER OF 4#A0.8. Bank National Association, as Successor Trustee to Bank of Aneriea, Wational Association, — yyitHOUT RECOURSE as successor by merger to LaSalle Bank, Ne [ARGENT MORTGAGE COMPANY, LLC Trustee for the MLMI Trust Serfes 2006-ARL at SAI ARZOUK, 0) a gest Morr {Seal} Borner serene con ses ovraengbe 859 AMBankof America > ies eee eee eae es Biron) Welcome to Bank of America's Newsroom ‘Are You a Journalist? Press Releases Press kits Prime Rate Information ‘Speeches Visit Bank of America's Heritage Center Vist Bank of America's Newsroom in Spanish eececeeneeeeeerreeerreerreeere een] Bank of America Completes Purchase of LaSalle Bank ‘Commercial Real Estate Banking to be Based in chicago CHARLOTTE, N.C., Oct. 1 /PRNewswire-FicstCall -- Bank of ‘America Corporation today completed its purchase of ABN Amro North America Holding Company, parent of LaSalle Bank Corporation and its subsiciaries, from ABN Amro Holding NV to Create the largest bank franchise by deposits in tlinois and ia Michigan. (Logo: hetp://smv.newscom.com/cgi-bin/prnty20050720 /CL0881060°b ) Bank of America significantly expands its metropoliten Chicego ‘and Michigan presence by adding LaSalle's 17,000 commercial banking clients, 1.6 milion retail customers, 400 banking centers fang 1,500 ATMs. Bank of America marks ils tail branch entry in Michigan, where it now has 256 ofices. It also adds LaSalle's she banking offices in Indiana, "LaSalle customers and commercial cients can now enjoy the benefits 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 worid- class range of commercial banking and wealth management products and services, end benefit from Bank of America’s demanstrated commitment to the Communities it Serves. We look forward to helping thousands of ‘new customers and clients realize thelr creams tarough the Financial opportunities Bank of America can offer.” Customer Convenience Beginning today, Bank of America and LaSalle customers can ‘2ccess the nation's largest network of more than 18,500 ATMs to ‘make cash withdrawals with no ATM fees. For example, 2 Bank of ‘America customer can now withdraw cash from a Lasalle ATMin Chicago with no fees and a LaSalle customer can now do the Seme at any Bank of America ATM throughout the US. LaSalle customers should continue ta bank as usual by phone, ATM, online or at their regular LaSalle branch, In addition, LaSalle customers should continue to use their Lasalle debit and ATH cards. In the coming monthe customers will be notified ‘about the change from LaSalle Bank co Bank of America 2s well ‘8 when they can begin using Bank of America offices For other banking services in eddition to ATMs Along with having the expanded depth and breadth of Bank of ‘America’s retail and small business banking services, Losale's commercial clients will benefit from expanded credit and treesury services capabilities and enhanced access to global capital markets and invastrent banking, LaSalle signs will begin to change to the Bank of America brand during the first quarter of 2008, Those changes wil rake place throughout 2008, In the Community Bank of America sso today announced a $70 bilion communty developrnent goal in iinatsand'3 825 billion geal in Michigan (0 build onthe outstanding treck records of Bank of america and LaSalle in delivering capital and credit to low- and maderate- EXHIBIT icon nt ony ea 1D ‘The strategic plan for Illinois and Michigan are new goals in20f3 tata IL LALY LIRICA. HIP 964 JOCNLEITI~ Support of Bank of America's national commitment of community development lending and investment of $750 billion over 10 Years in low- and moderate-income and ‘minarity cornmunties. ‘The Ilino's and Michigan goals alsa will occur n'e 20-year period beginning in January of 2608 and are intendad to address the unique needs of the market During the course of the new 10-year strategic plan, the annual production fer the combined company will average $7 billion 2 Yyear in Illinois, or $70 bilion aver the course of the plan. Im Michigan, tne company will averege $2.5 billion a year Or $25 billion in ‘the same period The more then $17 million in combined annual philanthropic giving in Michigan and Tina's By Bank of America and LaSalle will be sustained, LaSalle Bank Chairman Norman Bobins will becorne chairman ‘ementus of LaSalle, assist in the merging of the two ‘organizations and represent Bank of America in the community, With clients and customers. As previously announced, he wl retire at the end of the year: LaSolle Bank President and Chiet Executive Officer Robert Moore Will Serve 25 the LaSalle transition executive working closely with Barbora Desoer, Bank of America's Global Technology and Operations executive. He will continue to oversee legacy LaSalle ‘businesses in addition to his transition duties. He has decided to Pursue other opportunities at the end af year. Bank of America also plans to relocate its Commercial Real Estate Bonking headquarters to Chicago from Atianta. Eugene Gedbold, 28-year veteran of the company, will cantinue as president oF the business and move to Chicago. Bank af Amenca is the nation's largest provider of commercial real estate financial Additionally, Kieth Cockrell will assume a new role as the regional ‘executive for banking centers in Michigan, liinois end Indiana, Cockrel, wno most recently was the national sales executive for Global Consumer ang Small Business Banking and joined Bank of ‘Amen in 1993, also will serve as market president Tor Detroit. Cockrell previously serves as consumer executive for the Mid-Atlantic consumer division and before that was executive vice presicent of Debit, ATM and Smart Card Services. In 2000 he was the Customer Service and Support executive managing call centers nationwide, Bank of America Bank of America 's one of the world's largest financial institutions, serving individual consumers, small and middle ‘market businesses and large corparations with a full range of banking, investing, asset management and other financial and risk-management products and services, The company provices lnmatched convenience in the United States, serving 6? million consumer and small business relationships with more than 5,00 retail banking offices, more than 17,000 ATMs and avrard winning online banking with more than 22 million active users. Bank of America Is the No. 1 overall Small Business ‘Administration (SBA) lender in the United States and the No. 1 SBA lender to minority-owned small businesses. The company serves clients in 175 countries and has relationships with 98 percent of the U.S. Fortune S00 companies and 80 percent of the Fortune Giobal 500. Bank of America Corporation stock (NYSE: BAC) is listed on the New York Steck Exchange, Photo: NewsCom: brin//sweinewscam com/ca! {rnhy}20050720/CLWOB6LOGO:b ‘AP Archive: ttn://photoarchive.ap.ora/ PRN Photo Desk, photodesk@prnewswire.com SOURCE: Bank of America 9/25/2009 9:59 AtHaren Aeuacsoeed ead UTE UE HIRE. pI 94 SOCIET= 18 CONTACT: Investors: Kevin Stitt, +1-704-386-5667, Lee McEntire, +1-704-388-6780, Leyla Pakead, +1-704-386-2024, or Reporters: Lawrence Di Rita, +1-704-941-1460, lawrence.di_ntaebankofamerica.com, Scott Suvestr, +1-980-388-3921, scott silvestri@bankofemerica.com, all of Bank of America Web site: hern://wny.bankotamanca.com/ Home » Privacy & Secunty « Careers « Site Map Bonk of America, NA. Member FDIC. Equal Housing Lender @ © 2008 Bank of Amenca Corporation. All nights reserved 3 0f3 9/25/2009 9:59 At20f3 Mer wth IRAN YY WIR La AIG Dall LaSalle Bank Midwest N.A. Main article: Standard Federal Bank ‘The midwestern bank was headquartered in Troy, Michigan, with $43 billion in assets and $24.1 billion in deposits. LaSalle was one of the largest banks in the Midwest, serving individuals, small businesses, middle- market companies and institutions through 264 branches and 1,000 ATMs in Michigan and Indiana. It was founded in 1893 and was known as Standard Federal Bank before it adopted the LaSalle name in 2005. Sale to Bank of America On April 23, 2007, an agreement was made to sell LaSalle Bank Corporation to Bank of America for $21 billion! '] Bank of America Corp officially took over LaSalle Bank Corp on October 1, 2007 7). The acquisition makes Bank of America the largest bank by deposits in both Chicago and Detroit; Bank of America previously had a minimal presence in Chicago and none in Michigan '*1, The banks adopted the Bank of America name on Sunday, May 4, 208,41 Sponsorships LaSalle sponsored a number of events in its Chicago home. Many of these events will now be re-branded with Bank of America's name. = LaSalle Bank Open a Nationwide Tour golf tournament = The Chicago Marathon ® The Chicago White Sox # The International Music Foundation (http://ww.imfchicago.org) Dame Myra Hess Memorial Concert = The Navy Pier Winter WonderFest = The Shamrock Shuffle (http://www.shamrockshuffle.com) the largest 8 km race in the world References 1. * ABN AMRO announces USD 21 billion sale of LaSalle to Bank of America (http:/;www.abnamro.com Ipressroonvreleases/2007/2007-04-23-ene|.jsp) 2. * Bank of America | Newsroom - Press Releases (http://bankofamerica.mediaroom.com ‘index. php?s=press_releaseséitem=7885) 3. * Bank of America to buy LaSalle Bank for $21B, enters Chicago area - U.S, business - MSNBC.com (http:/www. msnbe.msn,convid/18269962/) 4. * Bank of Ametica name replaces LaSalle | lansingstatejoumal.com | Lansing State Journal (hitp:/swww.ansingstatejournal,com/apps/pbes. dl/article?AI1D=/20080502/NEWS03/80S020382) Retrieved from "httpv/en.wikipedia.org/wiki/LaSalle_Bank" Categories: Banks based in Illinois | Private banks | Bank of America legacy banks | Defunct companies based in Chicago, Illinois = This page was last modified on 17 July 2009 at 09:22. = Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may apply. See Terms of Use for details. 9/24/2009 5:04 PY.SEC Info Home Search My Interests Help Matis Aba Mortgage Loan Asset-Backed Certificates/Series 2006-Arl + 8-K « For 4/27/06 + EX-4.1 Filed On 5/12/06 4:06pm ET + SEC File 333-130545-03 - Accession Number 950123-6-6324 Find in this entire Fling. Show Docs searched and every ‘hit i, Wildeards: (any eter), * (many). Logie: for Does: & (and). |(or; foe Tex: [(anyhere), "(&)" (nea). As of Filer Filing As/For/On Docs:Pgs Eesue ¥ fe Wer Asget~gae. .2006-ArL BKIE,9) 4/27/08 3,241 Current Report - Form §-K Filing Table of Contents Description Pages Size current Report 510K Ex-4.1: Pooling and Service Agreenent 225 7K Ex-99.1: Mortgage Loan and Sale Assignment at 30K Agreement : Pooling and Service Agreement Exhibit Table of Contents Page (sequential) (alphabetic) ‘Top 1 Ist Page Pooling and Servicing Agreement + Altemative Formats (RTE, XML, et al.) Table of Contents Accountant's Attestation Upper Tier REMIC Additional Form 10-D Disclosure The Cert + Agreement Article | Definitions + Appraised Value * Accountant's Attestation * Article I Definitions * Additional Form 10-D Disclosure Article 1i Conveyance of Mortgage 19 Agreement Representations and Warranties "Appraised Value | + Anticle li Administration a icing of "Assessment of Compliance Mortgage Loans 0 Anata « Article Iv Distributions 7 « Article Ix Termination 21 Certificate Principal Balance * Article Vii Default: Termination of Servicer 24 Class A fi + Anticle Vili Concerning the Trustee 3a Article Vi the Depositor and the Servicer "Class A-2C Certificate * Anticle V ifieates 26 Class A-2D Certificate * Article X laneous Pro\ 28 Class B-2 Certificate ¢ Assessment of Compliance EXHIBIT * Auction 1 Alteaing Aza Le"Section 8.11. Appointment of Co-Trustee or Separate Trustee 150 Section 8.12. Tax Matters 152 Article Ix Termination Section 9.01. Termination upon Liquidation or Repurchase of all Mortgage Loans 153 Section 9.02. Final Distribution on the Certificates 134 Section 9.03. Additional Termination Requirements 156 Article X Miscellaneous Provisions ‘Section 10.01. Amendment 158 Section 10.02. Counterparts Section 10.03. Governing Law "' Section 10.04, Intention of Parties ection 10.05. Not 159 Section 10.06. Severability of Provisions "~ Section 10.07. Assignment 161 Section 10.08. Limitation on Rights of Centificateholders Section 10.09. Inspection and Audit Rights 162 Section 10.10. Certificates Nonassessable and Pully Paid "- Section 10.11. Compliance with Regulation AB Section 10.12. Third Party Rights " Section 10.13. Additional Rights of the NIMs. Insurer 198 LaSalle Bank National Association, as trustee * Section 8.06. Indemnification and Expenses of Trustee © Section 8.07. Eligibility Requirements for T «* Section 8.08, Resignation and Removal of Trustee © Section 8.10. Merger or Consolidation of Trustee « Section 8.11. Appointment of Co: rustee or Separate Trustee 8.12. Tax Matters n 9.01, Termination upon Liquidation or Repurchase of all Mortgage Loans ‘* Section 9.02. Final Distribution on the Certificates Requirements Securities Act Servicer Servieing Criteria Startup Day Subservicing Agreement Substitution Adjustment Amount Table of Contents ‘Tax Matters Perso The Certificates Transferor Trustee Upper Tier REMIC Upper Tier REMIC Net WAC Cay (wear [iat Page of 225 [to [te mei] Previous | Next | EXECUTION COPY MERRILL LYNCH MORTGAGE INVESTORS, INC., Depositor WILSHIRE CREDIT CORPORATION, and LASALLE BANK NATIONAL ASSOCIATION, Trustee POOLING AND SERVICING AGREEMENT Dated as of Ap 12006 19/24/2009 2:26 PDMERRILL LYNCH MORTGAGE INVESTORS TRUST, MORTGAGE LOAN ASSET-BACKED CERTIFICATES, SERIES 2006-ARI Exad ‘2nd Page of 225 roc | 1st TABLE OF CONTENTS PAGE ARTICLE 1 _ DEFINITIONS ‘ turstimmmpesai. a2 ARTICLE IT CONVEYANCE OF MORTGAGE LOANS; REPRESENTATIONS AND AUNTS Ti as 6s section 2.01, Conveyance of Martqage Loans : 6s Acceptance by the Trust 6a section 2008 Raprosentations, fareantien Depositor.... 70 SECTION 2.04. Representations and warrantla a SEOFION 7-05. Substitutions and Aepuccnoses of Hortgage Ioana’ that are not "Qualified Mortgages”... ie 18 SECGIGN 2.08. huthentjeation and Oelivery of Gert liicetes 75 SECTION 2.07. AENIC Elections... : no 76 SECTION 2.08. (RESERVED)... oe 81 SECTION 2.03. Covenants of tne Servicer a SECTION 2.10. (RESERVED: Se 2 a1 SEL Permitted Activities of the Trost : a1 jualifying Special Purpose Extity........ se a ARTICLE [11 ADMINISTRATION AND SERVICING OF MORTGAGE LOANS a cer {5 Service Mortgage Loans a1 83 84 Servicer 84 int; Certificate Account... 8s : 8 Access to Certain docuzentation Regarding the Morigase Loans - 88 3.08, Permitted Withdrawsis from the Collection Account and certificate Account fi Coase 89 SECTION 3.09. [RESERVED] .- 91 7 9 ale Clauses; Assumption 32 on bed Mortgege, Getermination of Excess Proceeds, Sgecial Loss Mitigation... (pea ]|___sea Page of 325 [aoe [ise Tes | Settom TABLE OF CONTENTS (continued) 6 of 195 19/24/2009 2:26 PESECTION 3 stee to Cooperate; Release of Mortage Files 26 SECTION 3.14 ments, Records and Funcs in Possession of Sezvice Held for the Trustee. - oe SECTION 3 Servicing Compensation, . ae 98 SECTION 3.16. Access to Certain Oocunentazion 98 Ee Compliance. . ee 99 Annual Stateneni 3:18, Annual Independent Publie Accountants! Serv fatenont, Financial Statenents.....- 99 Rights of the Nise I 3 a 101 Fiodic Filings : oz Tadennifidstion Sy trustee 105 105 106 eee ioe Secrron 3.25. 106 SECTION 2.26. Wonsolicitation..\1...... 307 SECTION 3.77. High cost Hortgage Loans 107 AREICLE IV __pIsTRIBUTZoNS 107 0 Huet He 107 Gampensation in Sonnection s Prepayment Interest Shortfsils.....c:ss1e+ee+ 109 Distribstions on the REMIC Interests 109 stributions reer aeer ly Statenents to Certificateholders. 20000000000) na ARTICLE V___ THE CERTIFICATES 322 FCTION 3.01. the Certificaces eee a nee SECTION 5.02. Certit. Regu Regiaieation of transfer and Exchange of Certificates 123 culo $.93. Hutileted, Bestreves, Lost or Stelen Cesti{icatea:‘. 128 5 or 128 Iders! Nanos dnd a aa - 328 “G7.” Notsces to Geposscory. 329 08. Definitive Certificates 130 Ex-4.1 | 4th Page of 225 moc [ist | Previous | next | potton [Just aen TABLE OF CONTENTS (continued) [DownLoaa Tal SECTION 5.09. Maintenance of Office ox agency... 130 SECTION £.10. Authenticating Agents.......-.+.. : 130 ARTICLE VI THE DEPOSITOR AND THE SERVICER é 131, CTION 6.01. Respective Lisilities of tha Dapositer | Servicer peueceseztisrasigun 11 SECTION 6.92. Merger or Conselidation of ihe Bepoaitor or the Servicer aa SECTION 6.03. Limitatioa on Liability of the” -Depoaitor vie ‘ana Others ae 132 CTION 6.04. Limitation on Resignation of Servicer i 332 SECTION 6.05. Errors and Cuissions Insurance; Fidelity Sends. 333 9/24/2009 2:26 PP Jof 195ARTICLE VII DEFAULT; TERMINATION OF SERVICER. . 233, SECTION 7.01, Events of Default........ 233 SECTION 7.02, Trustes to Act; Appolninent Of 135 SECTION 7.03.” Not irieation to Certif: ceteholders..- 136 ARTICLE VIZ CONCERNING THE TRUSTEE 136 SECTION €.01. Duties of the Trustee... feted 136 SECIION 8.02. Certain Watters Affecting tne irustee.. 0... 137 ON 8.03, Trustee Hot £ = 139 “frustee May Ovs Ceztificates 139 S. Trustee's #@es and Expenses. 239 CHON 8,06. tadamn: ficatLon and expenses of 7 139 SECTION $.07, “Eligibilicy Requisenents for TrUstee- 1a SECTION =. 04. —Resianatist-aea Resoes oF 1a ECTION 8.09. Successor Trustee 1a jarger or Consolidation of Tru = ae ‘Appointment of Co-Trustee ox Separace Trustee. a2 SECTION Tax MAELSES...veese seers tite 1a ARTICLE IX TERMINATION. ....... : oe es 14s TON S.0L, Termination upon Liquidation or kepuchase of Wortgage Loane..7.-..+- ; 146 101 9 aa oH 9-03 148 ARTIGLE X___MISCELLANEOUS PRovrsTONS . 14s D1, Anendn = 149 ‘Gounterpart asi (aaa Sth Page of 225 ist | revieus | Next | Botton [Just sen] ABLE OF CONTENTS (continued) 10.03. Governing Law. ee ete 30.04; Intention o: ies pasteeg) epaquenn 10,05. Notices... 10.06. Sovorapility of Provisions. 10.07. Assignment sable and Fully Paid Ti Gaapi tance sith Aescistion AE pird Party Right, I Rights of ine Nine insurer eve 181 151 152 153 153 154 155 155, 15s 156 156 (mera Gh Page of 5 [TOC [1s | previous [Non | otcee wae an] EXHIBIT A FORMS OF CERTIFICATES EXHIBIT B MORTGAGE LOAN SCHEDULE EXHIBIT C [RESERVED] EXHIBIT D FORM OF TRUSTEE CERTIFICATION 8 of 195 9724/2009 2:26 PP7) of 195, heignted Average Maximum Rate Cap: With respect to a Distribution Date, the Per annun rate equal to the weighted average (weighted in proportion to the results of subtracting from the aggregate Stated Principal Balance of each Mortgage Group, the current Certificate Principal Balance of the Class Ac) and Class R Certificates, in the case of Group One, or the Class A-2A, Class A-2h, Class A-2C and Class A~2p Certificates, in the case of Group Two) of the Clase Av1 Maximum Rate Cap and the Class A-2 Maximun Rate Cap. -65+ (eraz Yand Page of 225 [Toc ist | prema [tet 1 ARTICLE 2 CONVEYANCE OF MORTGAGE LOANS; REPRESENTATIONS AND WARRANTIES SECTION 2.01. Conveyance of Mortgage Loans The Depositor, concurrently with the execution and delivery hereof, does hereby sell, transfer, assign, set over and convey to the Trustee without recourse all the right, title and interest of the Depositor in and to the assets of the Trust Fund. Such assignment includes all interest and principal received on or with respect to the Mortgage Loans on or after the Cut-off Date (ther than Scheduled Payments due on the Mortgage Loans on or before the Cut-off Date) it is agreed and understood by the Depositor, the Servicer and the Trustee that it is not intended that any Mortgage Loan be included in the Trust that is, without limitation, either (4) a "High-Cost Home Loan” a3 defined in tne New Jersey Home Ownership Act effective Novenber 27, 2003; (ii) a "High Cost Home Jean" as defined in the New Mexico Home Loan Protection Act effective January 2004; (ii) @ "High-Cost Home Mortgage Loan” as defined in the Massachusetts Predatory Home Loan Practices Act effective November 7, 2004; liv) a "High-Cost Home Loan" as defined by the Indiana High Cost Home Loan Law effective Januar, 2005 or (v} a "High-Cost Home Loan" es defined by the Illinois High Risk Home Loan 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 or instruments with respect to each Mortgage Loan (A) The original Mortgage Note endorsed in blank or, "Pay to the order of LaSalle Bank National Association, 2s trustee, without recourse” together with all riders thereto. The Mortgage Note shall include all intervening endorsements showing a complete chain of the title from the Transferor to [ 1 (B) Except as provided below and for each Mortgage Loan that is not @ MERS Loan, the original recorded Mortgage together with all riders thereto, with evidence of recording thereon, or, sf the original Mortgage has not yet been returned from the recording office, a copy of the original Nortgage together with all riders thereto certified to be a true copy of the original of the Mortgage that has been delivered for recording in the eppropriate recording office of the jurisdiction in which the Mortgaged Property is located and in the case of each MERS Loan, the original Mortgage together with all riders thereto, noting the presence of the MIN of the Loan and either language indicating chat the Mortgage Loan is a MOM Loan or if the Mortgage Loan was not a MOM Loan at origination, the original Mortgage and the assignment thereof to MERS, with evidence of recording indicated thereon, or a copy of the Mortgage certified by the public recording office in which such Mortgage has been recorded. (C) In the case of each Mortgage Loan that Ls not @ MERS Loan, original Assignnent of each Mortgage in blank or, to “aSelle Bank Nationa! 9/24/2009 2:37 PR72of 195, egy 99 9 SELHUU CUI ESV, VODT.G.NE D) The original policy of title insurance (or @ preliminary title zeport, commitment or binder if the original title insurance policy has not been received from the title insurance company) 66s oc [tat | previous [next | settee [ion 5 Bedi | 7aed Page of 2S] () Originals of any intervening assignments of the Mortgage, with evidence of recording thereon or, if the original intervening assignment has not yet been returned from the recording office, a copy of such assignment certified to be s true copy of the original of the assignment which has been sent for recording in the appropriate jurisdiction in which the 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, consolidation OE modification, as the case may be, with evidence of recording thereon, if pplicable, concurrently with the execution and delivery of this Agreement solely because of a delay caused by the public recording office where such Mortgage, Assignments of Mortgage or assumption, consolidation or nodification, as the case may be, nas been delivered for recordation, the Depositor shall deliver or cause to be delivered to the Trustee or the Custodian written notice stating that such Mortgage or assumption, Consolidation or modification, as the case may be, has been delivered to the appropriate public recording office for recordation. Thereafter, the Depositor shall deliver or cause to be delivered to the Trustee or the Custodian such Mortaage, Assignments of Mortgage or assunption, consolidation or modification, as the case may be, with evidence of secording indicated thereon, if applicable, upon receipt thereof from the public recording office, To the extent any required endorsenent is not contained on a Mortgage Note or an Assignment of Mortgage, the Depositor shall make or cause to be made such endorsement () With respect to any Mortgage Lean, none of the Depositor, the Servicer, the Trustee or the Custodian shall be obligated to couse to be recorded the Assignment of Mortgage referred to in this Section 2.01. In the event an Assignment of Mortgage is not recorded, the Servicer shall have no liability for its failure to receive and act on notices related to such 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 the Certificateholders. Neither the Depositor nor the Servicer shall take any action inconsistent with such ownership and shall not claim any ownership interest therein. The Depositor and tne Servicer shall respond to any third party inguiries with respect to ownership of the Mortgage Loans by stating that such ownership is held by the Trustee on behalf of the Certificatenolders. Mortgage documents relating Eo the Mortgage Loans not delivered to the Trustee er the Custodian are and shall be held in trust by the Servicer, for the benefit of the Trustee as the ovner thereof, and the Servicer's possession of the contents of each Mortgage File so retained is for the sole purpose of servicing the related Mortgage Loan, and such retention and possession by the Servicer, is in a custodial capacity only. The Depositor agrees to cake no action inconsistent with the Trustee's ownership of the Mortgage Loans, to promptly indicate to al. inquiring parties that the Mortgage Loans have been sold and to claim no ownership interest in the Mortgage Loans It is the intention of this Agreement that the conveyance of the Depositor's right, title and interest in and to the Trust Fund pursuant to this Agreement shall constitute a purchase and sale and not a loan. If a conveyance of Mortgage Loans from the Sponsor to the Depositor is characterized as a pledge 9/24/2009 2:37 PIAap: www. secInto Convdsyr4..vb>t.d,ht and not a sale, then the Depositor shell be deened to have transferred to the Trustee all of the Depositor's right, title and interest in, to and under the obligations of the Sponsor deemed to be secured by said pledge; and it is the intention of this agreement that the Depositor shall also be deemed to have granted to the Trustee Ge ee | See [ee] Bat | 7th Page of 5 [Tein first priority security interest in all af the Depositor's right, title, and interest in, to and under the obligations of the Sponsor to the Depositor deemed to be secured by said pledge and that the Trustee shall be deemed to be an independent custodian for purposes of perfection of the security interest Granted to the Depositor. If the conveyance of the Mortgage Loans from the Depositor to the Trustee is characterized as a pledge, it is the intention of this Agreement that this Agreement shall constitute a security agreenent under applicable lay, end that the Depositor shall be deemed to have granted to the Trustee a first priority security interest in all of the Depositor's right, title and interest in, to and under the Mortgage Loans, all payments of Principal of or interest on such Mortgage Loans, all other rights relating to and peyments 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 of the claims of any Person in any Certificates, the security interest created hereby shall continue in full force and effect and the Trustee shall be deemed to be the collateral agent for the benefit of such Person. In addition to the conveyance made in the first paragraph of this Section 2.01, the Depositor does hereby convey, assign and set over to the Trustee for the benefit of the Certificateholders its rights and interests under the Sale Agreement, including the Depositor's right, title and interest in che representations and warranties contained in the Sale Agreenent, the rights in the Transfer Agreements described therein, and the benefit of the repurchase obligations end the obligation of the Sponsor contained in the Sale Agreement to take, at the request of the Depositor or the Trustee, all action on its part which is reasonably necessary to ensure the enforceability of a Mortgage Loan The Trustee hereby accepts such assignment, and shall be entitled to exercise all rights of the Depositor under the Sale Agreement as if, for such purpose, it were the Depositor. The foregoing sale, transfer, assignment, set-over, deposit, and conveyance does not and is not intended to result in creation or assumption by the Trustee of any obligation of the Depositor, the Sponsor, or any other Person in connection with the Mortgage Loans or any other agreement oF instrument relating thereto SECTION 2.02. Acceptance by the Trustee of the Mortgage Loans Except as set forth in the exception report delivered contemporaneously herewith (the “Exception Report"), the Trustees acknowledges receipt of the Mortgage Note for each Mortgage Loan and delivery of a Mortgage File (but does not acknowledge receipt of all docunents required to be included in such Mortgage File) with respect to each Mortgage Loan and declares that it (or the Custodian, on its behalf) holds and will hold such documents and any other documents constituting a part of the Mortgage Files delivered to it in trust for the use and benefit of al] present and future Certificateholders. The Depositor will cause the Sponsor to repurchase any Mortgage Loan to which a material exception was taken in the Exception Report unless such exception is cured to the satisfaction of the Trustee within 45 Business Days of the Closing Date ‘The Trustee acknowledges receipt of the three Cap Conteacts (forms of which axe attached hereto as Exhibits N-1, W-2 and N-3), the Transfer Agreement, the Bring Down Letter and the Sale Agreement The Trustee acknowledges receipt of the Svap Agreement that will be held in the Supplemental Interest Trust and is hereby instructed to enter into the Swap Agreement, not in its individual capacity, but solely as Trustee for the Issuing Entity and for the Supplemental Interest Trust 9/24/2009 2:36 PA 73 of 195