DECLARATION OF JAlVIES M.

KELLEY
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I, James Madison Kelley, declare as follows:

1. I am a computer expert over the age of eighteen years, am of sound mind, have never

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been convicted of a felony or crime of moral turpitude; I am competent in all respects to make this declaration. I have personal knowledge of the matters declared herein, and if called to testify to the same, I could and would competently testify thereto. 2. I have studied numerous computerized forgeries and have developed scientifically sound methods of distinguishing computer generated signature facsimiles from direct copies of original signatures. A true and correct copy of my relevant Curricula Vitae is attached as "Exhibit 1". 3. I was asked to review the questioned document, which purports to be the "original" promissory note ("Note") to determine if the signatures of Hollis H. Malin Jr and Linda D. Malin are authentic. The questioned signatures are on page 6 of the Note and are attached hereto as "Exhibit 2". 4. Exhibit 2 was obtained in form of a digital red-green-blue color copy obtained by scanning the purportedly "original" Note using photoshop: ColorMode: 3 and ICCProfile: sRGB IEC61966-2.1 at 300 pixels per centimeter. 5. Exhibit 2 shows no color at all other than black ink on white paper at identical RGB proportions (R=G=B). The Notary stamp and signature on page 16 of the Deed of Tmst is also entirely black. The color standard for signatures is blue to make forgery more difficult. It is extremely unlikely that the notary's signature and stamp, the recorder's marks and the Malin's signatures all used perfectly black ink. 6. I obtained the unquestioned original ink signatures from Hollis and Linda Malin attached hereto as "Exhibit 3". These unquestioned signatures are scanned at 600 dots per inch in gray scale.

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Malin Questioned Document Declaration

1 7. I have examined the entire questioned document that contains a purported digital 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 color copy of the original Note with special attention to page 6 that contains the questioned signatures of Hollis and Linda Malin. 8. I have also examined the Deed of Trust and the other documents that were provided with the Note. 9. I have extracted the file metadata that contains information about the creation and modification of the document. The file metadata shows that the document was scanned on 9114/2012 using Nuance Communications, Inc software. The file is attached hereto as "Exhibit 4". 10. When Exhibit 2 -the questioned document (page 6 of the Note) - is magnified in Adobe Reader to 400%, evidence of extensive irregular pixallation of the questioned signatures emerges. Irregular pixallation is associated with computerized forgery. 11. Exhibit 3 contains the unquestioned signatures of Mr. And Mrs. Malin and shows very little pixallation. 12. In order to determine the nature of the pixallation, a comparison of the Exhibits 2 and 3 was performed with background enhancement using Adobe Photoshop. These Exhibits are labelled "Exhibit 2BE" and "Exhibit 3-BE" where the "BE" indicates 'that the background was enhanced. Maximizing the contrast and reducing the
brighteness of an image enhances the background.
13. Exhibit 2-BE1 reveals the pixallation and other artifacts in great detail when viewed at 4X magnification in Photoshop. The signature "Hollis" shows evidence that an effort was made to reduce the pixallation by use of the retouching tools such as those available in Photoshop and Gimp. The retouching efforts are inconsistent as shown by comparing the letters in the signature stmting with the lower part of the "H" in Hollis with the "L" in Malin and the "]" in Jr that show irregular pixallation. 14. Exhibit 2-BEl reveals the pixallation and other artifacts when viewed at 4X magnification in Photoshop. The signature "Linda D. Malin" shows evidence that an
Malin Questioned Document Declaration

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effort was made to reduce the pixallation by retouching tools such as those available in Adobe and Gimp. The retouching efforts are inconsistent as shown by comparing the "Linda" with "D. Malin" in the signature of Linda D. Malin. The comparison shows the heavy pixallation of "Linda" and the much-reduced pixallation of "D. Malin" indicative of retouching. 15. Exhibit 2-BE2 is a contrast-enhanced view of Exhibit 2. Exhibit 2-BE2 shows a black and gray strip extending from the top of the page 6 to the bottom of the page. This vertical strip (3 millimeters wide) is the result of printing with a laser printer that needs cleaning. 16. I examined a certified copy of the Note obtained from Stewart Title for evidence of laser printer marks and for similarity in signatures. Page 6 of the Stewart Title Note is attached hereto as "Exhibit 5" for this comparison with the Exhibit 2. 17. There is no evidence laser printer residue on Exhibit 5. Further, the "M" in Linda Malin's signature does not match with the corresponding "M" in the Linda Malin's signature on the questioned document Exhibit 2. The questioned document begins the "M" with a sharp move to the left and extends the tail of the "M" into the next letter unlike the Stewart Title copy. 18. Comparing the questioned signatures on Exhibit 2-BE with the unquestioned signatures on Exhibit 3-BE shows a clear difference. Exhibit 3- BE at 400% magnification of the signatures and signature lines shows little pixallation that is evenly and regularly distributed along the boundaries of the letters and lines. The unquestioned signatures show a consistency in ink volume unlike the questioned signatures. 19. Exhibit 2 was examined in Adobe Illustrator. The examination shows that the questioned signature page is comprised of one layer and three separate groups of images that can be combined to form the signatures of "Hollis H. Malin" and "Linda
D. Malin" by pushing three buttons.
Malin Questioned Document Declaration

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1 20. The Trace command in Adobe Illustrator is used to base a new drawing (new
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signature) on an existing piece of artwork (black and white signature). The Trace Command can be used to color a black and white or Gray Scale image such as a sIgnature.
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21. "Exhibit 2-13" is a copy of the Illustrator file showing image 1 and image 3 merged. 22. "Exhibit 2-2" is a copy of the Illustrator file showing image 2 only.

7 23. "Exhibit 2-3" is a copy of the Illustrator file showing image 3 only. 8 9 10 24. It is this examiner's opinion that image 1 is a retouching layer which retouches the lower part of the "H" in Hollis, the central part of the "J" in Jr, and the top of the initial "A" in the blank endorsement with white. 25. Image 2 and Image 3 were likely extracted from another document by threshold setting on the Trace command and retouched. 26. It is this examiner's opinion that Exhibit 2 is not a scanned copy made directly from the original Note.
27. It is this examiner's opinion that Exhibit 2 was scanned from an altered document.

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28. It is this examiner's opinion, that document, the signatures and the blank endorsement are computer forgeries. 29. I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct to the best of my

20 knowledge and that this declaration was executed on January 14,2013 in Saratoga,
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California.
Further the Declarant Sayeth Naught.

http://heIPx.adObe.com/illustrator/USing/image-trace.htmI

271http;//layerSmagazine.COmlillustrator_tracing.html

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Executed on this 14th day of January 2013 at Saratoga, California.

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3 4 5 James Madison Kelley jmadisonkelley@gmail.com

14390 Douglass Lane

6 Saratoga, California 95070

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Malin Questioned Document Declaration