Recording requested by and ) When recorded return to: Darren E, Wassell 218 Still Creek Road ) Danville, CALIFORNIA 94506 ) Property Addres 218 Still Creek Road d Danville, CALIFORNIA 94506 ) Mortgage Number: 41763087 ) ‘Space above this line for Recorders use only NOTICE OF BANK DEFAULT BANK: WACHOVIA MORTGAGE HOMEOWNER: Darren E. Wassell This is a notice that the BANK has defaulted on their claim on the above Mortgage in full accordance with the Administrative Procedures Act of 1946 for the property described as: ‘THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA, CITY OF DANVILLE, AND IS DESCRIBED AS FOLLOWS: LOT 14, AS SHOWN ON THE MAP OF TRACT 5095, FILED FEBRUARY 28, 1979, IN BOOK 222 OF MAPS, AT PAGE 28, OFFICIAL RECORDS OF SAID COUNTY. AP.N, 215-192-001 BANK was given 21 days to present to the Homeowner proof of claim to the Homeowner's Verification of Proof of Claim. BANK was unable to produce proof of claim, therefore BANK cannot be a party to enforce the security instrument pursuant of U.C.C. - ARTICLE 3 -§3-301, the Real Estate Settlement Procedures Act (RESPA) an all applicable state and federal law. Pursuant of U.C.C. - ARTICLE 3 -§3-501 (b) 2 (1), Homeowner is entitled to verity through visual inspection of "THE ORIGINAL WET INK SIGNATURE PROMISSORY NOTE” upon demand. A photocopy of the instrument does not constitute proof of claim. Pursuant of U.C.C. - ARTICLE 3 -§3-302, BANK was requested to provide proof that they are the Note Holder of Due Course and a Real Party in Interest_ A photocopy of the instrument is not sufficient proof of holder in Due Course, valid chain of assignment, or that BANK is a real party in interest. Pursuant of U.C.C. - ARTICLE 9 - §9-210, Bank was requested to make a “Statement of Account" and a “Request for an Accounting.” Bank was given 21 days to correct the statement made by Homeowner of a $0.00 balance owed ‘on account and to produce required GAAP accounting showing a real party in interest. Bank did not comply with ICC 9-210 and agrees with the stated balance of interest in Homeowner's property Bank was asked specifically to clarify via affidavit or bank assay stipulating whether or not they are a creditor/lender and failed to state its claim, ‘The BANK was informed that failure to provide proof as requested will result in an administrative default.As of this date, BANK has not answered the Homeowner's written requests point by point as required by law. missory note and mort re null and voi Owner on Title hereby deciare that the B: BANK is hereby notified that they are in default and can no longer lay claims on this property or the Homeowner. BANK is hereby given notice that they have 72 hours upon certified receipt of this Notice to enter a rebuttal by showing Verification of Proof of Ciaim as required. Failure to enter a rebuttal means that the BANK admis to having no claims to this Morigage and thereby forever releases all claims against the Homeowner and this property. The BANK will have entered a “no contest" to this notice After the 72 hours, the BANK will have exhausted their administrative remedy on this matter. If the BANK or agent/rustee for the BANK's attempt to sell or foreclose on this property after this default declaration, then they do so knowing they have no standing or right of enforcement. Therefore, doing so will make them guilty of extortion, theft and fraud. All Federal felonies punishable with prison times. Should the BANK’s Trustee/attorney attempt to proceed with a foreclosure action, they do so at their full commercial liability and shall be named a co-defendant against thenr ira wrongful foreclospre civil action for 3 x the loan 2f¢/u amount. / Date STATE OF CALIFORNIA ) ) ss COUNTY OF CONTRA COSTA ) Sasen B Me suelpen, Netery able, On February 4, 2011 before me, Barren-£-Wasselt personally appeared Derren £.\Al i Who proved to me on the basis of satisfactory evidence to be the person whose name is subseribed to the within instrument and acknowledged to me that he executed the same in his, authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, Susan a vancuELPeN Commission # 1840959 Notary Pubic ~ California WITNESS my hand and official seal jOTARY PUBLICFile # 41763087 ‘CERTIFICATE OF NON-RESPONSE NOTICE OF DEFAULT Notice to Agent is Notice to Prineipal Parties: Darren E. Wassell clo ANDREW ZGURIS, NOTARY WITNESS 12101 N. MacArthur Blvd. Ste A #278 Oklahoma City, OK 73162-1800 WACHOVIA MORTGAGE P.O. Box 659558 San Antonio, TX 78265 Mortgage # 41763087 Date: 23011 COMMERCIAL OATH AND VERIFICATION ‘The State of OKLAHOMA. ) ) Commercial Oath and Verification County of OKLAHOMA) ‘NOTARY WITNESS, Andrew Zguris, under his Commercial Oath with unlimited liability, ‘proceeding in good faith being of sound mind states that the facts contained herein are true, correct, complete and not misleading to the best of his private firsthand knowledge and belief under penalty of International Commercial Law. 1, That the evidence shows that the Respondents named in this Verification of Proof of Claim were duly served by Certified Mail by January 12, 2011. 2. That the Respondents did not answer the written request point for point or provide Verification of Proof of Claim, 3. That no valid to any of the above notices is evidenced by U.S. MAIL or any other private carrier. 4, That the Respondents are now in DEFAULT and WITHOUT RECOURSE. 5, NOTARY WITNESS further sayeth naught.SUBSCRIBED AND SWORN Herel teed : Andrew Zguris, NOTARY WITNESS ‘The above named affiant, personally known to me, appeared before me a Notary, Sworn and under Oath this %__ day of_Feebruarty »20//.