11-04-06 Lomas V Bank of America (KC059379) "Request(s) For Judicial Notice" - Additional Evidence of Fraud On The Court in Foreclosure Procedure S

Digitally signed
Human Rights Alert by Joseph Zernik

DN: cn=Joseph
PO Box 526, La Verne, CA 91750 Zernik, o, ou,
Fax: 323.488.9697; Email: jz12345@earthlink.net email=jz12345@e
arthlink.net, c=US
Blog: http://human-rights-alert.blogspot.com/ Date: 2011.04.06
Scribd: http://www.scribd.com/Human_Rights_Alert 18:38:15 +03'00'
11-04-06 Lomas v Bank of America (KC059379): “Request[s] for Judicial Notice” filed on
behalf of Bank of America for the March 23, 2011 Demurrer on Complaint – part of
Fraud on the Court in foreclosure procedures.
In Lomas v Bank of America (KC059379) Plaintiff Susan Lomas tries to protect her rights through a Quiet
Title action against alleged fraud by Bank of America and others in foreclosure procedures.
A pattern of false and deliberately misleading court records is found in the case, presided by California Judge
PETER J MEEKA, Clerk of the Court JOHN A CLARKE: [i ,ii ,iii ]
− Minutes were not certified by the Clerk of the Court;
− Minutes were not noticed and served;
− Minutes repeatedly included statements that proceedings were conducted “off of the record”, and
− Plaintiff continues to be denied access to the Register of Actions (California civil docket) in the case.
The case as a whole is opined as Fraud on the Court through collusion of California Judge PETER J MEEKA,
Clerk of the Court JOHN A CLAKE, BANK OF AMERICA CORPORATION, and Attorney MARK V
ASDOURIAN.
Fraud in the courts across the United States in foreclosure procedures has been recorded in numerous reports:
− In January 2008 the collapse of Countrywide Financial Corporation (today a subsidiary of Bank of
America Corporation) followed the publication of a report by the New York Times regarding the filing of
“Recreated Letters” as evidence in the US Bankruptcy Court in Pennsylvania. [iv ]
− In March 2008 the Hon Jeff Bohm entered a Memorandum Opinion in the US Bankruptcy Court in
Texas, referring to a year long study of the litigation practices of Countrywide in courts across the United
States and documenting various litigation fraud methods employed by the bank and its attorneys, which
were summarized as “disregard for the professional and ethical obligations of the legal profession and
judicial system”. (p8) [ v ]
A. Attached:
# Date Record Page #
1. February 11, 2011 Request for Judicial Notice in Support of Bank of America’s 5
Demurrer
2. March 16, 2011 Supplement Request for Judicial Notice in Support of Bank of 49
America’s Demurrer
The records are provided as received from Plaintiff Susan Lamos, on whom they were served.
B. Requests for Judicial Notice pursuant to California law

The Request refers to California Evidence Code §452-453 as the legal foundation for the filing.
z Page 2/2 April 6, 2011
California Evidence Code Section §452 says:

Judicial notice may be taken of the following matters to the
extent that they are not embraced within Section 451:
(a) The decisional, constitutional, and statutory law of any state
of the United States and the resolutions and private acts of the
Congress of the United States and of the Legislature of this state.
(b) Regulations and legislative enactments issued by or under the
authority of the United States or any public entity in the United
States.
(c) Official acts of the legislative, executive, and judicial
departments of the United States and of any state of the United
States.
(d) Records of (1) any court of this state or (2) any court of
record of the United States or of any state of the United States.
(e) Rules of court of (1) any court of this state or (2) any court
of record of the United States or of any state of the United States.
(f) The law of an organization of nations and of foreign nations
and public entities in foreign nations.
(g) Facts and propositions that are of such common knowledge
within the territorial jurisdiction of the court that they cannot
reasonably be the subject of dispute.
(h) Facts and propositions that are not reasonably subject to
dispute and are capable of immediate and accurate determination by
resort to sources of reasonably indisputable accuracy.
California Evidence Code Section §453 says:

The trial court shall take judicial notice of any matter
specified in Section 452 if a party requests it and:
(a) Gives each adverse party sufficient notice of the request,
through the pleadings or otherwise, to enable such adverse party to
prepare to meet the request; and
(b) Furnishes the court with sufficient information to enable it
to take judicial notice of the matter.
C. General Notes on Records Filed as Part of “Request[s] for Judicial Notice”

− The records were filed by the office of Attorney Mark V Asdourian. His declaration as Attorney of
Record for the Defendant Bank of America in the case of Lomas v Bank of America (KC059379) is
overdue. Therefore his authority to file any record on behalf of Bank of America under this caption
is questionable. It is likely that he is appearing with no authority at all, as attorney, who is not
Attorney of Record, with “no communications with client clause”, as documented elsewhere. [ vi ]
− The records were filed as “Request[s] for Judicial Notice”, which is an inappropriate use of Judicial
Notice. Judicial Notice is reserved for facts that are universally established, or “reasonably
indisputable accuracy”, not for filing disputable records as evidence. Therefore, the filings as a whole
are invalid and should never have been admitted.
− There is no declaration as part of the filing by the filer – Attorney Jamie Ackerman - that would
provide the foundation and authentication for the records, as admissible evidence.
− Attorney Jamie Ackerman is not a Competent Fact Witness in this case, therefore, even had she filed
a declaration, it should have been deemed inadmissible evidence, and the Demurrer as a whole an
insufficient pleading.
− There is no declaration as part of the filing by any officer of the Defendant Bank of America, which
would have been a Competent Fact Witness in this case.
− The records were not certified.
− The records as a whole support the notion that Attorney Mark Asdourian and Attorney Jamie
Ackerman were appearing with no authority at all.
− Judge Meeka pretended to take judicial notice of another case - Heredia v Brentwood Real Estate
Group (KC057540) in LA Superior Court - when in fact, no valid court record was provided from
that case.
− The fact that Judge Meeka accepted the records in the Request for Judicial Notice and took judicial
notice of a case where no records were provided, support the notion that he was conducting a
pretense litigation, as is the fact that the March 23, 2011 Minutes of the purported Demurrer
proceeding were never certified by a Deputy Clerk of the Court.
D. Specific Notes on the Attached Records
1) February 11, 2011 Request for Judicial Notice in Support of Bank of America’s March 23, 2011
Demurrer to Complaint in Lomas v Bank of America (KC059379) in the Superior Court of
California, County of Los Angeles
a) Exhibit A: Deed of Trust by Michael Heredia

b) Exhibit B: Quit Claim Deed
c) Exhibit C: Notice Of Default And Election To Sell Under Deed Of Trust
− Certified by a Robo-signer – invalid certification
d) Exhibit D: Not found
e) Exhibit E: Trustee's Deed Upon Sale
− "This instrument is recorded as an accommodation only, with no representation as to its
effect upon title” – invalid record filed as evidence.
f) Exhibit F: Case Summary of Michael A Heredia v Brentwood Real Estate Group
(KC057540) in LA Superior Court
− The online “Case Summary” is not a court record. An explicit Disclaimer to that effect
is published online by the Court. [ vii ]
− Surely the “Case Summary” does not qualify for a “Judicial Notice”
− The record was falsely represented in the Request by Attorney Jamie Ackerman as
“Online Docket Report”
2) 11-03-16 Supplemental Request for Judicial Notice in Support of Bank of America’s March
23, 2011 Demurrer to Complaint in Lomas v Bank of America (KC059379) in the Superior
Court of California, County of Los Angeles
The records were apparently filed by Attorney Asdourian as part of Reply on Opposition on
Demurrer, in violation of the California Rules Civil Procedures.
a) Exhibit A: Corporation Assignment of Deed of Trust
− The record is not certified
b) Exhibit B: Substitution of Trustee
− Certification by a Robo-signature – invalid
See additional records related to the Fraud on the Court in litigation of Lomas v Bank of America in the links
below.
LINKS
i
11-03-20 PRESS RELEASE Lomas v Bank of America (KC059379) Bank of America Continues Racketeering in
the Los Angeles Superior Court
Hhttp://www.scribd.com/doc/51160102/H
ii
11-03-20 Lomas v Bank of America (KC059379) in the Superior Court of California County of Los Angeles online
“Case Summary” and Minutes
iii
11-04-05 Lomas v Bank of America (KC059379) in the Superior Court of California, County of Los Angeles –
Fraud on the Court in a Quiet Title Action
iv
08-01-08 Case of Borrower Hills (01-22574) in the US Bankruptcy Court, Eastern District of Pennsylvania:
Countrywide’s three "recreated letters", transcript, and news reports:
v
08-03-05 Case of Borrower William Parsley (05-90374), Dkt #248: Judge Jeff Bohm's Memorandum Opinion,
rebuking Countrywide's litigation practices, Countrywide's false outside counsel scheme - appearances by
counsel who are not Counsel of Record, with "no communications with clients" clause:
Hhttp://www.scribd.com/doc/25001966/
vi
See [v], above.
vii
10-09-19 Superior Court of California, County of Los Angeles: Standard Disclaimer invalidating the Court’s online
records, as it appears on the on the Court’s online site
1 Mark V. Asdourian, Esq. (State Bar No. 123688)
Jamie L. Ackerman, Esq. (State Bar No. 258457)
2 MARK V. ASDOURIAN, PLC
610 Newport Center Drive, Suite 1250
3 Newport Beach, California 92660
Telephone: 949.644.5300
4 Facsimile: 949.644.5301
E-Mail: mark@asdourianlaw.com
5
Attornev for Defendants,
6 Bank of America, ex reI.
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
FOR THE COUNTY OF LOS ANGELES, EAST DISTRICT
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10
SUSAN LOMAS, an individual; SUSAN ) CASE NO. KC059379
11 LOMAS, Trustee of the Michael A. Heredia )
and Susan Lomas Joint Living Trust Dated ) JUDGE PETERJ. MEEKA
12 January 22,2008 )
) REQUEST FOR JUDICIAL NOTICE IN
13 Plaintiff, ) SUPPORT OF BANK OF AMERICA, EX
) REL.'5 DEMURRER TO COMPLAINT
14 vs. )
)
15 )
BANK OF AMERICA, A NATIONAL ) DATE: MARCH 23,2011
16 ASSOCIATrON, as successor by merger to ) TIME: 8:30AM
La Salle Bank National Association, as ) PLACE: DEPARTMENT 0
17 trustee for the Certificate C-BASS Mortgage )
Asset-Backed Certificate, Series, 2006-CB-7 )
18 and; DOES 1-20, Inclusive )
)
19 Defendants.)
)
20 1-- )
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21 III
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REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF
BANK OF AMERICA, EX REL.'S DEMURRER TO COMPLAINT
1 TO THE HONORABLE PETER J. MEEKA
2 AND TO EACH PARTY AND ATTORNEY OF RECORD:
3 By authority of Evidence Code §§452 and 453, Defendant Bank of America, National
4 Association, as successor by merger to La Salle Bank National Association, as Trustee for
5 the C-Bass Mortgage Loan Asset-Backed Certificates, Series 2006-CB-7 ("Bank of America"),
6 hereby respectfully requests that the Court take judicial notice of the following in
7 connection with Bank of America's Demurrer to Plaintiff's Complaint:
8 1. That certain Deed of Trust recorded on March 24, 2006 in connection with
9 that certain real property commonly described as 2528 Kendall Street, La
10 Verne, CA 91750, a true and correct copy of which is attached hereto, marked
11 Exhibit A";
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12 2. That certain Quitclaim Deed recorded on March 11, 2008 in connection with
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13 that certain real property commonly described as 2528 Kendall Street, La
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"" 17 recorded on March 10, 2009 in connection with that certain real property
18 commonly described as 2528 Kendall Street, La Verne, CA 91750, a true and
19 correct copy of which is attached hereto, marked Exhibit "C";
20 4. That certain Notice of Trustee's Sale recorded on June 11, 2009 in connection
21 with that certain real property commonly described as 2528 Kendall Street,
22 La Verne, CA 91750, a true and correct copy of which is attached hereto,
23 marked Exhibit "0";
24 5. That certain Trustee's Deed Upon Sale recorded on December 17,2009 in

25 connection with that certain real property commonly described as 2528
26 Kendall Street, La Verne, CA 91750, a true and correct copy of which is
27 attached hereto, marked Exhibit "E"; and
28 /1/
BANK OF AMERICA, EX REL. 'S DEMURRER TO COMPLAINT -1-
-- - --------------
1 6. That certain Los Angeles County Superior Court Online Docket Report
2 pertaining to case number KC057540 as reported on November 22, 2010 and
3 filed with respect to that certain real property commonly described as 2528
4 Kendall Street La Verne, CA 91750, a true and correct copy of which is
5 attached hereto, marked Exhibit "F".

6 DATED: February 11,2011 MARK V. ASDOURIAN, PLe
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BANK OF AMERICA, EX REL.'S DEMURRER TO COMPLAINT ~2-
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EXHIBIT A" II
28 REQUEST FOR JUDICIAL NonCE IN SUPPORT OF

--- ------
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.~ 'A This page is part of your document - DO NOT OISCARD . .. l
060634453
RECORDED/FILED IN OFFICIAL RECORDS

.RECORDER'S OFFice
LOS ANGELES COUNTY
CALIFORNIA
03/24/06 AT 08:00am ________
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Assessor's Identification Number (AIN)

To be completed by Examiner OR Title Company In black Ink. Number of AIN's Shown
THIS FORM IS NOT TO BE DUPLICATEO

3/24/06
~ , ,ttfJRTH AM~RICAN TilLt;-o ~OiflfANY
Recording Requested By:
Argent Mortgaqe Company, LLC
Return To: 06 0634453

Argent Mortgage Company, LLC
c/o Nationwide Tit1e C1earing,
2100 Alt 19 North
Palm Harbor, FL 34683
Prepared By:Argent Mortgage Company, LLC

. 1.nthony Minyard
One City Boulevard West
Orange, CA 92868
(Space Abo..e nib Une For Recorcllna D a l . ) - - - - - - - - - - - -
DEED OF TRUST
DEFJNmONS
Words used in multiple seclions of this document arc defined below and other words arc defined in
Scctions 3, II. 13. )8. 20 and 21. Certain rules regarding the usage or words used in tbis document are
also provided in Section 16.
(A) "Security Instrument N means this document. which is dated Marcb 13, 2006
togelher wilh all Riders (0 this document.
(8) "Borrower" is MICHAEL A. HEREDIA, A Married Han, As Hi8 Sale and Separate
Property
Borrower is the trustor under this Security Instrument.

(C) "Lender" is Argent Kortgage Company I LLC
Lender is a Limi ted Liability Company

organized and elti&ting under the laws of Delaware
,
0094286994 ;-9502
CALIFORNIA·Single Family·Fannl' M../F,.ddl. Mac UNIFORM INSTRUMENT Form 300& 1f01
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d06~lc. (0512005)Rev.OI
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Lender's address is 3,..' Park Plaza - 10th Floor Zrvine, CA 92614
Lender is the beneficiary under this Security Instrumenc.

(D) "Trustee" is Town and Country Ti tole Service., Inc.
(E) "Nole" means the promissory note signed by Borrower and datcdMarch 13, 2006
The Note slates tbal Borrower owes Lender five hundred sixty thousand five hundred
and 00/100 Dollars
(U.S. S 560 , 500.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than April 1, 2036
(F) "Property" means the property that is described below under the heading ~Transfer of Rights in the
Propeny.M
(G) "Loan" means the debt evidenced by the Note. plus interest, any prepayment charges and late charges
duc under the Notc, and all sums duc under this Security Instrument, plus interest.
(II) "Riders" means aU Riders 10 this Security Instrument Ihat arc executed by Borrower. The following
Riders are to be executed by Borrower {check box as applicable]:
§ Adjustable Rate Rider

Balloon Rider
VA Rider
B
0 Condominium Rider 0 Second Home Rider
Planned Unit Development Rider 01-4 Family Rider
Biweeldy Payment Rider 0Omer(s) [specify]
(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable fmal,
non-appealable judicial opinions.
(J) "Community Association Dues. Fees. and Assessments" means all dues. fees, assessments and other
charges that are Imposed on Borrower or the Propeny by a condominium association. homeowners
associalion or similar organization.
CK) "Electronic Funds TransCer" means any transfer of funds. other than a transaction originated by
check. draft, or similar paper instrument. which is initiated through an electronic tenninal, telephonic
instrument. computer. or magnetic tape so as (0 order. instruct, or authorize a financial institution to debit
or credit an account. Such leon includes, but is not limited to, point-of-sale transfers, automated teller
machine transactions, transfers initiated by lelephone, wire transfers, and automated clearinghouse
transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation. settlement, award of damages. or proceeds paid
by any third party (other than insurance procc:c:ds paid under the coverages described in Section S) for: (i)
damage to, or deslruction of, the Propeny; (ii) condemnation or other taking of all or any pan of the
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to. the
value and/or condition of the Propeny.
(N) "Mongage Insurance" means insurance protecting Lender againsl the nonpayment of. or default on,
Ihe Loan.
CO) "Periodic Payment" means the regularly scheduled amount due for (i) principal and intcrest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(P) "RESPA" means me Real Estate Settlement Procedures Act (12 U.S.C. Section 260J et seq.) and its
implementing regulation. Regulation X (24 C.P.R. Pan 3Soo). as !hey might be amended from time to
lime. or any addilional or successor legislation or regulation Ibat governs !he same subje<:t matter. As used
in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard
0094286994 - 9502
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10 a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mongage
loan" under RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Propeny, whether or
not that pany has assumed Borrower's obligations under the NOle and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY

This Security Instrument secures to Lender: (i) the repayment of the Loan. and all renewals. extensions and
modifications of the Note; and OJ) the perfonnance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purposc, Borrower irrevocably grants and conveys to
Trustee, in trust, with power of sale, thc following described property located in the
County of LOS 1tNGELES
rrype or Recording Jurisdielion) (Name or Rccordinl Jurisdictionl ~
EXHIBI~ A A~ACHED HERETO AND ~E A PART HEREOF: .~
Parcel 10 Number: 8370-035-088 which currently has the address of

2528 l<ENDALL S'rREE~ lSUfttI
LA VERNE (Cily). California 91750 lZip Codel
("Propeny Address");
TOGETHER WITH all the improvements now or hereafter em:ted on the property. and all
easements, appurtenances, and fixtures now or hereafter a pan of the property. All replacements and
additions shall also be covered by this ~urlty Instrument. All of the foregoing is referred to in this
Security Instrument as the -Property. ~
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to grant and convey the Property and that the Property is unencumbered, except foe encumbrances
of record. Borrower warrants and will defend generally the title to the Property against all claims and
demands, SUbject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants toe national use and non-uniform
covenanlS with limited variations by jurisdiction to constitute a uniform security instrument covering real
propeny.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
J. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of. and interest on. tbe debt evidenced by the Note and any
prepaymenl charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant 10 Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
0094286994 - 9502
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currency. However, if any check or olber instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any Dr an subsequent payments
due under the Note and this Security Instrument be made in one or more of the follOWing fonns, as
selected by Lender: (a) casb; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when rc:ceived at the location designated in the Note or al
such other location as may be designated by Lender in accordance with the notice provisions in Section IS.
Lender may return any payment or partial payment if the payment or partial payments are insufficient 10
bring the Loan currenl. Lender may accept any payment or partial payment insufficient to bring the Loan
current. without waiver of any rights hereunder or prejUdice to ils rights to refuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the time such psyments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay
interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to briog
-------
the Loan current. If Borrower docs not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding
principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower
mighl have now or in the future against Lender shall relieve Borrower from making payments due under
the Note and this Security Instrument or performing the covenants and agreements secured by this Security
InSlnImenl.
2. AppUcation of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shaH be applied in the following order of priority: (8) interest
due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments
shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts
shall be applied first to late charges, second to any other amounts due under this Security Instrument, and
then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and
the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received
from Borrower to the repayment of the Periodic Payments if, and to the extent tbat, each payment can be
paid in fuJI. To the extent that any excess exists after the payment is applied to the full payment of one or
more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepaymenlS shall
be applied first to any prepayment charges and then as described in the Note.
Any application of payment.s, insurance proceeds. or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for ESCt'ow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in fUJI, a sum (the "Funds") to provide for payment of amounrs due
for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a
lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, jf any; (c)
premiums for any and aU insurance required by Lender under Section 5; and (d) Mortgage: Insurance
premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of section 10. These items are called "Escrow
Items.· At origination or at any time during the tCrnt of the Loan, Lender may require that Community
Association Dues, fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item. Borrower sball promptly furnish to Lender all notices of amounts to
be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time. Any sucb waiver may only be
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in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, Ibe amounts
due Cor any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires,
shall furnish 10 Lender receipts evidencing such payment within sueb time period as Lender may require.
Borrower's obUgation to make such payments and to provide receipts shall for all purposes be deemed to
be a covenant and agreemenl contained In this Security Instrument, as the phrase ·covenant and agreement-
is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver. and
Borrower fails to pay Ibe amount due for an Escrow Item, Lender may exercise its rights under Section 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in ____
accordance wllh Section l~ and, upon such revocation, Borrower shall pay to Lender all Funds. and i~
such amountS, that arc then required under ibis Section 3.
Lender may, at any tUne, conect and hold Funds in an amount <a> sufficient to permit Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shan estimate the amount of Funds due on the basis of current dati and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or enrity (including Lender, if Lender is an institution whose deposits are so insured) or in
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later Iban the time
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made In wriling
or Applicable Law requires interest to be paid on the Funds. Lender shall not be required to pay Borrower
any inlmst or earnings on the Funds. Borrower and Lender can agree in writing, however, Ibat interest
shall be paid OR the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. fr Ibere is a shortage of Funds held in escrow,
as defined under RESPA, Lender shall norify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to malce up the shortage in accordance with RESPA, but in rio more than 12
monthly payments. If there is a deficiency of Funds held in escrow. as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the deficiency In accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums se<:\1red by this Security Instrument, Lender sball promptly refund
to Borrower any Funds held by Lender.
4. Charees; Liens. Borrower shall pay all tax", assessments, charges, fines, and impositions
attributable to the Propcny which can attain priority over Ibis Security Instrument, leasehold payments or
ground rents on the Propeny, if any, and Cormnunity Association Dues, Fees, and Assessments, if any. To
the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shan promptly dischargc any lien which has priority over thls Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender, but only so long as Borrower is perfonning such agreement; (b) contests the lien In good faith
by. or defends against enforcement of the lien in. legal proceedings which in Lender's opinion operate to
prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings
are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating
the lien to this SecuritY Instrument. If Lendcr detcnnines that any part of the Property is subject to a lien
whicb can allain priority over this Security Instrument, Lender may give Borrower a notice identifying the
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• •6ICA)I~1 ~. . . , ... 5 03/13/2006 2 ~ 28 ~ 57 Fotm 3001> 1'01
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lien. Within 10 days of the dale on which that nOlice is given. Borrower shall satisfy the lien or take one or
more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reponing service used by Lender in coMcetion with this Loan.
5. Property Insurance. Borrowcr shall keep the improvements now cXisting or hereafter ercc:ted on
the Propeny insured against loss by fire. hazards included within the teon ~extended coverage," and any
other hazantll including, but not limited to, canhquues and floods, for which Lender requires insurance.
This insurance shall be maintained in the amounts (including deductible levels) and for the periods that
lender requires. What Lender requires pursuant to the preceding sentences can change during the tcnn of
the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's
right'0 disapprove Borrower's choice, which right shaJJ not be exert:ised unreasonably. under may
require Borrower to pay, in coMcction with this Loan, either: <a) a one-time charge for flood zone
delennination, certification and tracking services; or (b) 8 one-time charge for flood zone determination
and certifieation services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such detennination or certification. Borrower shall also be responsible for Ihe
paymcnt of any fees imposed by the Federal Emergency Management Agency in coMcction with the
review of any flood zone detenninalion resulting from an objcction by Borrower.
If Borrower fails to maintain any of Ihe coverages described above. Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore. such coverage shall cover Lender, but might or migbt
nol protect Borrower, Borrower's equity in the Property. or the contents of the Property. agaiost any risk.
hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower
aclcnowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance thaI Borrower could have obtained. Any amounts disbursed by Lender under this Section' shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest
at the Note rate from the date of disbursement and shall be payable. with such interest, upon notice from
Lender to Borrower requcsting payment.
All insurance policics required by Lender and renewals of such policies shall be subjecl to Lender's
rigbl to disapprove such policies, shall include a standard mortgage clause. and shall name Lender as
mortgagee and/or as an additional loss payee and Borrower further agrees to generally assign rights to
insurance proceeds to the holder of the Note up 10 Iheamount of the outstanding loan balance. Lender shall
have the right to hold the policies and renewal cenificates. If Lender requires. Borrower shall promplly
givc 10 Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of
insurance coverage. not otherwise required by Lender. for damage to. or destruction of, the Propeny, such
policy shaJl include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional
loss payee and Borrower further agrees to generally assign rights 10 insurance proceeds 10 lhe holder of the
Note up to the amoUOI of the outstanding loan balance.
In the event of loss. Borrower sball give prompt notice to Ihe insurance carrier and Lender. Lender
may make proof of loss if COl made promptly by Borrower. Unless Lender and Borrower otherwise agree
in writing. any insurance proceeds. whether or nol the underlying insurance was required by Lender, shall
be applied to restoration or repair of the Propeny. if the restoration or repair is economically feasible and
Lendcr's security is not lessened. During such repair and resloralion period. Lender shall have the right 10
hold such insurance proceeds until Lender has had an opponunity to inspect sueb Propeny to ensure the
work hu been compleled to Lender's satisfaction, provided that such inspection shall be undertaken
promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in 8 series
of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on such insurance proceeds. Lender shall not be requimj to pay Borrower any
interest or earnings on such proceeds. Fees for public: adjusters, or other third panics. retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If
the restorallon or repair is not economically feasiblc or Lender's security would be lessened. the insurance
proceeds shall be applied to the sums secured by this Security Instrument, whether or not thcn due, with
0094286994 • 9502
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Q 06ICAI.ltoel.02 ".ltO loft!! 03/13/2006 2: 28: 57 Form 3006 3/99
•
D06-06CA (OSI200S)Rev.OI
06 0634453
3/24/06
'---.,
the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in
Section 2.
If Borrower abandons the Property. Lender may tile, negotiate and settle any available insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 3()'c!ay
period will begin when lhe notice is given. In either event. or if Lender acquires the Property under
Section 22 or otherwise. Borrower hereby assigns to Lender <a> Borrower's righlS to any insurance
proceeds in an amount Dot to exceed the amounts unpaid under lhe Note or this Security Instrument. and
(b) any other of Borrower's rights (other than tbe right to any refund of unearned premiums paid by
Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the
coverage of the Property. Lender may usc the insurance proceeds either to repair or restore tbe Property or . ______
to pay amounts unpaid under the Note or this security Instrument. whelher or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after lhe execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of oc;cupancy, unless Lender
otherwise agrees in writing. whic:b consent shan not be unreasonably withheld, or unless extenuating
circumstances exist which arc beyond Borrower's c:ontrol.
7. Preservation. Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the
Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in
order to prevent the Property from deteriorating or decreasing in value due to Us c:ondition. Unless it is
determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall
promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or
c:ondemnation proceeds are paid in connection with damage to, or the taking of. the Property, Borrower
shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such
purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work is completed. If the insuranc:e or condemnation proceeds are nOl sufficient
to repair or restore the Property. Borrower is not relieved of Borrower's obligation for the completion of
such repair or restoration.
Lender or irs agent may make reasonable entries upon and inspections of the Property. Jf it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying sucb reasonable cause.
8. Borrower's Loan Appllcation. Borrower shall be in default if, during the Loan applic:ation
process, Borrower or any persons or entities ae:ting at the direction of Borrower or with Borrower's
knowledge or <:onsent gave materially false, misleading, or inaccurate information or sl2tements to Lender
(or failed to provide Lender with material information) in connection with the Loan. Material
representations indudc, but are not limited 10, representations concerning Borrower's occupancy of the
Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If
(a) Borrower fails to perfonn the covenants and agreements conlained in this Security Instrument, (b) there
is a legal proceeding that might significantly affect Lender's interest in the Property andlor righlS under
this Security Instrument (such as a proceeding in banJcrupte:y, probate, for condemnation or forfeiture. for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
resu'ations), or (e) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate 10 prolect Lender's interest in the Property and rights under this Security
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing
the Property. Lender's actions can include, but are nOI limited to: Ca> paying any sums secured by a lien
which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable
0094286994 • 9502
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G e "ICA, 100001 Pog. 7 of . . 03/13/2006 2: 28: 5'7 Form 3005 1to1
OC)6.()7C.... (O.sI200.s)R~y.OI
06 063445·3
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attorneys' fees 10 protect ils interest in the Propeny and/or rights under this Security Instrument, including
its secured position in a bankruptcy proceeding. Securing the Propcny includes, but is not limited to,
entering the Propeny to make repairs, change locks, replace or board up doors and windows, dnin water
from pipes, eliminate building or other code violations or dangerous conditions. and have utilities turned
on or ofr. Although Lender may take action under this Section 9, Lender does not have 10 do so and is not
under any duly or obligation to do so. It is agreed that Lender incurs no liability for not taking any or aU
actions authorized under this Seclion 9.
Any amounts disbursed by Lender under this section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the NOle rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender 10 Borrower requesting
payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease. If Borrower acquires fee title to tbe Propeny, the leasehold and the fee title shall not merge unless
under agrees 10 the merger in Writing.
10. Mortgage Insurance. If Lender required Mongage Insurance as a condition of making the Loan,
---------
Borrower shall pay Ihe premiums required 10 maintain the Mongage Insurance in errect. If, for any reason,
the Mongage Insurance coverage required by Lender ceases to be available from the mongage insurer that
previousJy provided such insurance and Borrower was required to maJce separately designated payments
toward the premiwns for Mongage Insurance, Borrower shall pay the premiums required to obtain
coverage substantially equivalent to the Mongage Insurance previously in ~ffect, at a cost substantially
. equivalent to the cost to Borrower of the Mongage Insurance previously in effect, from an alternate
mongage insurer selected by Lender. If substantially equivalent Mongage Insurance coverage is not
available, Borrower shall continue to pay to Lender the amount of the separately designated paymcnlS that
were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these
payments as a non-refundable loss reserve in lieu of Mongage Insurance. Such loss reserve shall be
non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be
required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss
reserve paymenrs if Mongage Insurance coverage (in the amount and for the period that Lender requires)
provided by an insurer selected by Lender again becomes available. is obtained, and Lender requires
separately designated payments toward the premiums for Mongage Insurance. If Lender required Mongagc
Insurance as a condition of malcing the Loan and Borrower was required to make separately designated
payments toward the premiwns for Mongage Insurance, Borrower shall pay the premiums required to
maintain Mong.ge Insurance in effect, or to provide a non-refundable loss reserve, until Lender's
requirement for Mongage Insurance ends in accordance with any written agreement between Borrower and
under providing for such termination or until tennination is required by Applicable Law. Nothing in this
Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mongage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it
may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to tbe Mongage
Insurance.
Mongage insurers evaluate their total risk on all such insurance in force from time to lime, and may
enter into agreements with other panies that share or modify their risk, or reduce losses. These agreements
are on terms and conditions that are satisfactory to the mortgage insurer and the olber pany (or panies) 10
these agreements. These agreements may require the mongage insurer to make payments using any source
of funds that the mongage insurer may have available (which may include funds obtained from Mongage
Insurance premiums). .
As a result of these agreemcnlS, Lender, any purchaser of the Note, another insurer, any reinsurer,
any olber entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that
derive from (or might be characterized as) a ponion of Borrower's payments (or Mongaae Insurance, in
exchange for sharing or modifying the mongage insurer's risle, or reducing losses. I( such agreement
prOVides that an affiliate of Lender la1ces I shue of the insurer's risle in exchange for a share of the
premiums paid to the insurer. the arrangement Is often termed -captive reinsurance.· FuRber:
(a) Any such agreements will not afrect tbe amounts that Borrower has agreed to pay Cor
Mortgage Insurance, or any other lenns of the Loan. Such agreements will not Increase the amount
Borrower will owe tor Mortgaee Insurance, aad they will not entitle Borrower to any refund.
0094286994 - 9502
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-.'CA/1OOO11 P.~'0115 03/13/2006 2: 28: 57 Fo6m 300& 1101
D06008CA (OSI200S)Rev.O I
06 0634453
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l
(b) Any such agreements will not aflect tbe rlpu Borrower has • 11 8DY - with respect to the
Morteace lnsurante uDder tbe Homeowners Prottdion Act of 1998 or aoy otber law. These rights
may include tbe rilbt to reedve ceruin disclosures. to request and obtain cancellation or the
Mort,aee tnsura~, to have the Mortglle Insurance terminated automatically. aDd/or to rueivc a
~fund of any Mortg81e Insurance premiums that wue unearned at the time of such tanc:cllatloD or
temllnatio.o.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
ff the Property is damaged. such Miscellaneous Proceeds sball be applied (0 restoration or repair of
the Propeny. if the restoration or repair is economically feasible and Lender's 5tCurity is OOt lessened.
-----
During such repair and restoration period. Lender s~t have &he right to hold such Miscellaneous Proceeds
until Lender has had an opportunity to Inspect such Property to ensure the work has been completed to
Lender's satisfaction, prOVided chat such iNpcction shall be undenalcen promptly. Lender may pay for the
repairs and restoration in a single disbuf$CRlent or in a series of progress payments as the work is
completed. Unless an agreement is made in writing or Applicable Law requires interest 10 be paid on such
Miscellaneous Proceeds. Lender shaJl not be required to pay Borrower any interest or earnings on such
Miscellaneous Proceeds. If the restoration or rq>air is not economically feasible or Lender's security would
be lessened. the Miscellaneous Proceeds shaH be applied to the sums secured by this Security Instillment,
whether or not then dUCt with the exceu. if any, paid to Borrower. Such Mbctllaneous Proceeds shall be
applied in the order provided (or In Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by Ibis ScaJrity Instrument, whether or not then due, with
the excess. if any. paid (0 Borrower.
In the event of a partial lIkin&, destruction. or loss in value of the Property in which the fair market
\'alue of Ibe Propeny immediately before the panial ta1cillg. destruction, or loss in value is equal to or
greater than the amount of the sums secured by this s«urily )nstnllnent imDlediate1y before the partial
taking, destruction, or loss in value. unless Borrower and Lender otherwi$C asree in writing. the sums
secured by tbb Seeurity Instrument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following (raction: <a) the total amount of the sums secured Immediately before tbe
panial taking, destruction. or loss in value divided by (b) the fair market value of the Property
immcdil1elv before the partial talcing, destIUction. or Joss in value. Any balance shall be paic1 to Borrower.
In the" event of a partial taking, destruction. or loss in value of die Propeny in whfc:h the fait market
value of the Property immediately before the partial talcing, destruction. or loss in value is less than the
amount of the sums secured immediately before the partial taldng. destruction. or 1035 in value. unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower. or if. afttr notice by Lender to Borrower that the
Oppopng Party (u defined in Ihe nelt sentenCe) offers to make an award to scute a claim for damages.
Borrower falls to respond to Lender within 30 days after the date the notice is given, Lender is authorized
to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Propeny or to the
sums secured by this Security Instrument, wbethCT or not then due. "Opposing Party" means the third party
that owes Borrower Miscellaneous Proc.ccds or the party against whom Borrower has a right o( action in
regard to Miscellaneous Proceeds.
Borrower shall be in defaultl! any action or proceeding. whether civil or criminal. Is begun that. in
Lender's judgment, could result in forfeiture of the Propeny or other material impairment of Lender's
interest in the Property or rights under Ibis Security Instrument. Borrower can cure such a default Md, if
acceleration has oc:curred. reinstate u provided in Section 19. by causing the action or proceeding to be
dismissed with a ruling that. in Lender', judgment. precludes forfeiture of the Property or other materia!
impainnent of Lender's intcrat in the Property or rights under tbis Security InstrumePt. The proceeds of
any award or claim for damages that are attributable to the impairment of Lender's interest in the Propeny
are hcrcb)l assigned and sball be paid to Lender.
All Miscellaneous ProceedS thaI are not applied to restoration or repair of the Property shall be
applied In the order provided for iD Section 2.
12. Borrower Not Released. Forbearance By Lender Not. Waiver. Extension of the time for
payment or modification of amoniution of the sums secured by this Security Insttument granted by Lender
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JIl4fUU
to Borrower or any SUOCdSOr in Interest of Borrower shall not operate to release the liability of Borrower
or any Su~ors in Interest of Borrower. Lender shall not be required to commence proceedings against
any Sueussor in Interest of Borrower or to refuse to extend time for payment or otherwise modify
amoniZltion of the sums secured by this Security Instrument by reason oC any demand made by the original
Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or
remedy includiDI, without limitation, Lender's acceptance of payrneuts from third persons, enlilies or
Succ:essors in Interest of Borrower or in amounts less man thc amount then due, shall not be a waiver of or
prec1ude the exercise of any righl or remedy.
13. Joint and Several Liability; Co-siCners; Successors and Assigns Bound. Borrower covenants
and agretS lbal Borrower's obliga\ions and liabilily shall be joint and sevcral. However, any Borrower who
CQ-signs this Security Instrument but does not exccute the Note (a "co-signer-): <a> is co-signing this
Security Instrument only to mortgage, grant and convey the co-signer's inlerest in the Property undcr Ihe
lenns of this Securily Insltument; (b) is not personally obligated 10 pay the sums secured by this setority
Instrument; and (c) agrees that Lender and any olller Borrower can agree to extend, modify, forbear or
make any accommodations with regard to Ihe tenns of this Security Instrument or the NOle without tbe
co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrowcr's obligations under this Steurily Instrument in wriling. and is approved by Lender, shan obtain
all of Borrower's rights and benefits under this Security lnsuument. Borrower shall not be released from
Borrower's obJlgations and liability under this Security Instrument unless Lcmkr agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in
Section 20) and benefit the successors and assigns of Lender.
14. Loan Charaes. Lender may charge Borrower fees for services performed in connection willl
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Sec\Jrity InstrUment. including, but not limited 10, auomeys' fees, property inspection and valuation fees.
In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific
fee to Borrower shall noI be construed as a prohibition on the charging of such fee. Lender may not charge
fees that an: expressly prohibited by Ibis Security Instrument or by Applicable Law.
Jf the Loan is subject to a law which sets maximum loan charges, and that law is finally inlcfl)reted so
Ihat the interest or other loan charges collected or to be collected in connection with the Loan exceed Ihe
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded penniued
limits will be refunded to Borrower. Lender may choose to make Ibis refund by reduc:in& the principal
owec1 under the Note or by making a diretl paymenl 10 Borrower. If a refund reduces principal. the
reduction wiJI be treated as a panial prepaytnClll withoul any prepayment charge (whether or not a
prepayment charge is provided for under Ihe NOle). Borrower's acceptance of any such refund made by
direct payrnenl to Borrower will constitult a waiver of any right of action Borrower might havc arising out
of such overcharge.
15. NoUta. All notices given by Borrower or Lender in connection with this Security lnsuumcnl
must be in writing. My notice to Borrower in cormecdon with this Security Instrument shall be d~ to
have been given to Borrower when mailed by first class mall or when actually dclivered to Borrower's
notice address if sent by other means. Notice to anyone Borrower sball constitute notice 10 all Borrowers
unless Applicable Law expressly requires otherwise. The notice address shall be the Propetty Address
unless Borrower has designated a substitulc IIOlice address by notice to Lender. Borrower sball promptly
notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's
change of address, then Borrower shall ooly repon a change of address through tha.t specified proc:edu~.
There may be only one designated notJce address under Ibis Security Instrument at any one lime. Any
notice to Lender shall be given by delivering it or by mailing it by first class mail 10 Lender's address
stated herein unlcss Lender has designated another address by notice 10 Borrower. Any notice in
connection with this Security Instrument shal) not be deemed to have been given to Lender until actually
received by Lender. If any notice required by this Security InstrUment is also required under Applicable
Law. me Applicable Law requirement will satisfy thc corresponding requirement under this Security
Instrument.
0094286994 - 9502
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G .SteAllOOOSI "'0- '001 ' . 03/13/2006 2: 28 : 57 Form 3006 '101
•
006· tOCA C051200S)Rcv.Ol
06 0634453
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3/24 fO 6
16. Govemlne Law; Severablllty; Rules of Construction. This Security Instrument sball be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable Law. Applicable Law might explicitly or implicitly allow the panics to agree by contnet or it
might be silent. but such silence shall not be construed as a prohibition agaiDSt agreement by contract. In
the event that any provision or clause of this Security Instrument or the Note canmcts with Applicable
Law, such conflict shall not affect other provisions of chis Security Instrument or the Note which can be
given effect without the conflicting provision.
As used in this security Instrument: (I) words of the masculine gender shall mean and include
corresponding neuter words or words of tbe feminine gender: (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to
lake any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but nOllimited
to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or
escrow agreement, the intenl of which is the transfer of title ID' Borrower at a future date to a purchaser.
If aU or any part of the Propeny or any Interest in the Propeny is sold or transferred (or if Borrower
is not 1 natural person and a beneficial Interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may lequire immediate payment in full of all sums secured by this Securily
Instrument. However, this option shall not be exercised by Lender if such exercise is probibited by
Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of nOI less than 30 days from the date the notice is given in accordance with Section IS
within which Borrower must pay all sums sceured by this Security Instrumenl. If Borrower fails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower.
19. Borrower's RIght to Reinstate After Acceleration. If Borrower meets certain conditions.
Borrower shall have the right to have enforcement of this Security Instrument discon(\nued at any time
prior to the earliest of: <a> five days before sale of the Property pursuant to any power of sale contained in
this Security Instrument; (b) such other period as Applicable Law might specify for the tennination of
Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those
conditions are thar Borrower: (a) pays Lender all sums which then would be due under Ihis Security
Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or
agreements: (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited
10, reasonable attorneys' fees, property inspcetion and valuation fees, and other fees incurred for the
purpose of protecting Lender's interest in the Property and rights under this Security Instrument: and (d)
lakes such action as Lender may reasonably require to assure that Lender's interest in the Property and
rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Securily
Instrument, shall continue unchanged. Lender may require that Borrower pay sueh reinstatement sums and
expenses in one or more of the following fonns. as selected by Lender: <a) ~ash; (b) money order; (c)
ccnified checlc, bank check. treasurer's check or cashier's check. provided any such check is drawn upon
an institution whose deposits are insured by a federal agency, instrumentality or entity: or (d) Electronic
Funds Transfer. Upon reinstatement by Borrower, this Securily Instrument and obligations secured hereby
shall remain fully effeclive as if no acceleralion had occurred. However. this right to reinstate shall not
apply in the case of acceleration under Section 18.
20. Sale or Note; Cbange 01 Loan Servlcer; Notice 01 Grleyance. The Note or a partial interest in
the Note (logether with this Sceurity Instrumenl) can be sold one or more times without prior notice to
W
Borrower. A sale might result in a change in the entity (bown as the -Loan Servicer that collects)
Periodic Payments due under the Note and this Security Instrument and pcrfonns other mortgage loan
servicing obligations under the Nole, this Security Instrument, and Applicable Law. There also mighl be
one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change or the Loan
Servicer, Borrower will be given written notice of the change which will slate the name and address of the
new Loan Servlcer, the address to which payments should be made and any other informalion RESPA
0094286994 - 9502
1nh-,6H:\·
G ·SICAI '00051 P_llofll 03/13/2006 2:28:57 Form300& ',01
•
006-1 leA (0'1200S)Rcv.OI 06 0634453
~. 3124/06
requires in coMcclion with anolice of transfer of servicing. If the Note is sold and thereafter the Loan is
serviced by a Loan Servicer other than the purchaser of the Note. lhe mortJ'lc loan servicing obligalions
to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not
IISUmed by the Note purchaser unlelS otherwise provided by the Note purchaser.
Neilher Borrower nor Lender may commence, join. or be Joined to any jUdicial action (as either an
individuaJ litigant or the member of a class) that ariscs from the other pany's IetioRS pursuant to this
Security Instrument or that alleges that the other party has breached any provision of. or any duty owed by
reason of, this Security Instrument, until such Borrower or Lender has notified tbe other pany (with such
notice gh'en in compliance with the requirements of Section 1S) of such alleged breach and afforded the
otber party hereto a reasonable period after the giving of such notice to take corrective action. If
~-
Applicable Law provides a time period which must elapse before certain action can be taken, that time
period will be deemed to be reasonable for purposcs of this paragraph. Thc notice of acceleration and
opponunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to
Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity 10 take corrective
action provisions of this Section 20.
n. Hamrdous Substances. As used in this Section 21: <a) "Hazardous Substanccs· are Ihose
substances defined as toxic or hazardous substances, pollutants, or wastcs by Environmental Law and the
follOWing substances: gasoline, kerosene, other Oanunable or toxic petroleum prodUcts, loxic pesticides
and herbicides, volatile solvents, materials containing asbeStOS or fonnaJdebyde, and radioactive materials:
(b) "Environmental Law" means federallaw$ and laws of the jurisdiction where the Property is located that
relate to health, safety or cnvirorunental protection: <c) "Environmental Cleanup· includes any response
action, remediaJ action, or removal action, as defined in Environmental Law; and (d) an ·Environmental
Condition" means I condition that can cause, contribute to, or otherwise trigger an EnvirorunentaJ
Cleanup.
Borrower shall not cause or pennit the presence, use, disposaJ, storage, or release of any Hazardous
SubslancC!, or threaten to release any Hazardous SUbstances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a> thai is in violation of any Environmental
Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Subslance, creates a condition that adversely affects tbe value of the Property. The preceding
two sentences shall DOt apply to the presence, use, or storage on the Property of small quantities of
Hazardous Substances that are generally recognized \0 be appropriate to nonnal residential uses and to
maintenance of the Property (inclUding, but not limited 10, hazardous substances in consumer products).
Borrower shall promptly give Lender wrinen notice of (a) any investigation, claim, demand. lawsuit
or other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge. (b) any
Environmental Condition, inclUding but nOlllmited to, any spilling, leaking, discharge. ~lease or thceatof
release of any Hazardous Substance, and (c) any condition caused by the presence. use or release of a
Hazardous Subslance which adversely affects the value of the Propeny. If Borrower learns, or is notirlCd
by any governmental or regulatory authority. or any private pany, that any removal or other remediation
of any Hazardous Substance affecting the Propeny is neccssll)', Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing herein sball c~ate any obligation on
Lender for lUI Environmental Cleanup.
0094286994 • 9502
_lOa, MH'
CD -SICA) tOOO$I PI'.'2.' 15 03/13/2006 2: 28: 57 Form 3006 1101
•
D06-I2CA (OSI200S)Rev.O 1
06 06S4~53
------ - - -- -
. ~ ' 'HOB
NON· UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
n. AccderetioD; Remedle$. Lender shall give notiee to Borrower prior to ac:celeratlon followinl
Borrower's breach of any covenant or agrtement In this Security Instl1lment (but DOt prior to
ate:t1eraUon under Sectlon 18 uuJess Applicable Law provides otberwise). Tbe notice shaJl speclry: (.)
tbe default; (b) tbe adlon required to cure the default; (c) a dale, not less than 30 da)'l tram the date
the notice is liven to Borrower, by which the default must be cured; and (d) that failure to ture the
default on or before tbe date specified In the notice may result in atctleratlon of the sums sec:ured by
this Security Instrument aDd sale of the Property. The notite shall further inronn Borrolftl" of the
riCbt to reinstate after acceleration and the richt to bring a court actloD to assert the noo-exbtence or
a default or any other defenst of Borrower to acceleration and sale. It tbe default Is not cured on or
berore the date specified in tbe notice, Lender At its option may require immediate payment In run or
all sums secured by this Security Instrument without further demaad aad may invoke tbe power of
sale and any other remedies permitted by Applicable Law. Lender shaD be entiUed to collect all
expenses Incurred in pursuing the remedies provided in this Section 22, including. but not limited to,
reasonable attorneys' fees and costs of tUle evidence.
If Lender invokes the power of sale, Lender shall execute or cause Tl'U$lte to exec:ute a written
DOUce or the occurrence or an event of default and of Lender's election to eause the Property to be
sold. Trustee sball cause this notic~ to be recorded In each county in which any part of tbe Property
Is l()C8ted. Lender or Trustee shall mail copies or tbe notJc:e as prescribed by Applicable Law to
Borrower and to the otber persons prescribed by Applicable Law. Trustee sball give public notice of
sale to tbe persons ond In the manner prcsc:rlbed by AppJftable Law, After tbe time required by
Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public: auction to
the highest bidder at the time and place and under the tenns designated In the notice or sale In one or
more parcels and 10 any order Trustee determines. Trustee may postpone sale of all or any parcel or
or
the Property by public announcement at the time and place any preViously scheduled sale. Lender
or its desirnee may purchase the Property at any sale.
Trustee shall deliver to tbe purchaser Trustee's deed com-eying the Property wUbout any
covenant or warranty, expressed or impUed. The recitals in the Trustee's deed shall be prima lacle
evidence 01 the trutb of .he statements I1J8de therdn. Trustee shall apply the prO«eds of the saie in
tbe following order: (a) to all expenses 01 the sale, 'acludina, but not limited to, rusonable Trustee's
and attorneys' rees; (b) to aU sums secured by tbls Security Instrument; and (c) any excess to the
person or persons lerall)' entitled to it.
23. Reconveyante. Upon payment of all sums secured by this Security rnstrument, Lender shall
request Trustee to reconvey the Property and sbaft SUI'l'Cnder this Security Instrument and all notes
evidencing debt secured by chis Security Jnslrumcnt 10 Trustee. Trustcc shaJJ reconvey the Propeny
without warranty ro the person or per&ODS legally entitled 10 it. Lender may c:baree such penon or persons
a reasonable fee for reconvcying the Property. bur only if the fee is paid to a third party (such as the
Trustee) for services rendered and tbe charging of the fee is permitted under Applicable Law. If the fee
charged does not exceed the fee set by Applicable Law, me fee is conclusively pr=umcd to be reasonable.
24. Substitute Trustee. Lender, at its option. may from time to lime appoint a SUCCC$$Of bUstee 10
any Trustee appointed hereunder by an instrument executed and aclciJowledged by Lender and recorded in
the office of the Recorder of the count)' in which me Property Is located. The instrument shall contain the
name of the Original Lender, Trustee and Borrower, the book and page where this Security Instrument is
reconlcd and the name and address of the successor tNstce. Without conveyance of rbe Property. the
successor tlUStee shall succeed to all the title, powers and duties conferred upon the Trustee herein and by
Applicable Law. This procedure for sub$ljtution of tlUstce shall govern to Ihe exclusion of all olher
provisiOIl5 for A1bsrltution.
25. Statement or Obligation Fee. Lender may collect a fee nor to exceed the maximum amount
pennilled by Applicable Law for fumishin3 the statement of obligation as provided by Section 2943 of the
Civil Code or California.
009428U94 - 9502
lnitiol.: MH·
• ·al~t lDOOIl P_ 1301 's 03/13/2006 2: 28: S7 Few.... 3006 1101
•
D06-13CA (O,nOO')Rev.OI 06 0634458
--
-
j/24/0ti
/
BY SIGNING BELOW I Borrower accepts and agrees to the lenns and covenants contained in this
S«:urity Instrument and in any Rider executed by Borrower and recorded with ft.
P
Witnesses:
___ ~ (Seal)
MICHAEL A. HEREDIA -Borrower -_..--"
(Seal)
·Borrower
_ _ _ _ _ _ _ _ _ _ _ _ (Seal) _ _ _ _ _ _ _ _ _ _ _ _ (Seal)
·Borrower -Borrower
_ _ _ _ _ _ _ _ _ _ _ (Seal) _ _ _ _ _ _ _ _ _ _ _ _ (SeaH
-Borrower ·Borrower
_ _ _ _ _ _ _ _ _ _ _ _ _ (Seal) _ _ _ _ _ _ _ _ _ _ _ _ (Seal)
-Borrower -Borrower
0094286994 • 9502
•
~
·8tCAllOOO51 '00.14.' 1& 03/13/2006 2: 28: 57 PH Form 3005 1101
(O,nOO')Rcv .01
06 0634453
3/24/06
State of California
County of Los ~e te5 } ss:
on_3~-,...".15==-=~.,.....O_O_(P_ before me, §,.;:s;t JA~~~'(J

OaylMonlhlYear N~ry PubliC:
personally appeared ~A .
~,-,-l-=c-=-'''......:;a-=-t::;.;\=---~A_~._}=\«:....~d i g
-
p8f68ft811)' kAOWft to ffie (or goyento me on the basis of satisfactory eVId~ to be the
person~ whose name(~ ~/aJa subscribed to the within instrument and ecknowledg to me that
!ll'~ executed the same in blslherllhelr authorized capacity<_), and that by .bi.~erltI:l8ir
slgnaturefei on the instrument the person~ or the entity upon behalf of which the person{4ij
acted. executed the instrument
Witness my hand and official seal.
_--z::.,.e.~F--_ _~ (Seal)
IIIIIIIIIII.III~
Paot l5dl5 0094288994 • 9502
0311312006 2:28:57 PM
400.15CA (OSI200$)Rev .ell 06 0634458

J/H/Ub
EXHIBIT "A"
(LEGAl DESCRIPTION)
LOT 105 OF TRAer NO. 29007, IN THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF
CAUFORNIA, AS PER MAP RECORDED IN BOOK 715 PAGES 87 AND 88 OF MAPS, IN THE OFRCE OF
THE COUNTY RECORDER OF SAID COUNTY.
06 0634453
--- --- - ------

--------------
3124/06
ADJUSTABLE RATE RIDER

(LIBOR Slx-Month-index (As Published in the Wall Street Journal)- Rate Caps)
THIS ADJUSTABLE RATE RIDER is made this 13th day of Merch 2006 and is Incorporated
I
into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security
Deed (the "Security Instrument") of the SBme dete given by the undersigned (the "Borrows"') to
secure Borrower's Adjustable Rate Note (the "Note") to Ar~ent Mortgage Company, LLC (the
·Lender") of the same date and covering the property descnbed in the Security Instrument and
located at:
2528 KENDALL STREET, LA VERNE, CA 91750

IProperty Address)
THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE

INTEREST RATE AND THE MONTHLY PAYMENT, THE NOTE LIMITS THE
AMOUNT THE BORROWER·S INTEREST RATE CAN CHANGE AT ANY ONE
TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the

Security Instrument, Borrower and Lender further covenant and agree as follows:
A. INTEREST RATE AND MONTHLY PAYMENT CHANGES

The Note provides for an Initial inlerest rate of 8.950 %. The Note provides for changes In !he
interest rale and the monthly payments. as follows:
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES

(A) Change Date.
The Interest rate I will pay may change on the first day of April, 2008 ,and on thet dey evety
sixth month thereafter. Each date on which my Interest rate could change is called a "Change
Date."
(8) The Index
Beginning with the first Change Date. my Interest rate wl/l be based on an Index. The "Index· is
the average of Interbank offered rates for six-month U.S. dotlar-<fenominated deposits In the
London market ("'UBOR"). as published In the Wall Street Joumal. The most recent Index figure
available as of the date 45 days before each Change Date Is called the "Current Index."
If the Index Is no longer available, the Note Holder will choose a new index which Is based
upon comparable Information. The Note Holder will give me notice of this choice.
Inldals Mi-b
Loan Number: 0094286994 - 9502
'1l).1~11011 Page 1 013

0311312006 2:28:57 PM
06 0634458
._--_._----
- - - - ---- ---------------
• ,.
3124/06
(C) Calculation of Changes

Before each Change Date, the Note Holder will calculate my new interest rate by adding
six percentage points ( 8.000 %) to the Current Index. The Note Holder wUl then round the
result of thl. addition to the nearest one-elghth of one percentage point (0.125%). Subject to the
limits stated In Section 4(0) below, this rounded amount will be my new Interest rate until the
next Change Date.
The Note Holder will then detennlne the amount of the monthly payment that would be sufficient
to repay the unpaid principal that I am expected to owe at the Change Date at my new interest
rate In substantially equal p~ments In accordance with the amortization set forth In Sections
3(B) amd 3(C) of the Note. The result of this calculation will be the new amount of monthly
payment.
(D) Limits on Interest Rate Changes

The Interest rate I am required to pay at the first Change Date will not be greater than 10.950%
or Itss than 8.950%. Thereafter, my Interest rate will never be increased or decreased on any
single Change Date by more than One( 1.000 %) from the rate of interest I have been paying for
the preceding six months. My Interest rate will never be greater than 14.950)% or less than
8.950)%.
(E) Effective Date of Changee

My new interest rate wUl become effective on each Change Date. I will pay the amount of my
new monthly payment beginning on the first monthly payment date after the Change Date unlil
the amounl of my monthly payment changes egaln.
(F) Notice of Changes
The Note Holder will deliver or mall to me a notice of any changes In my Intarest rate and the
amounl of my monthly payment before the effecUve date of any change. The notice will Include
Information required by law to be given me and also the tiUe and telephone number of a person
who will answer any question I may have regarding the notice.
B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER

Section 18 of the Security Inslrument Is amended to read as follows:
Transf.r of the Property or a BeneficIal Interest In Borrower. As used in this Section
18, -Interest in the Property" means l1lIny legal or beneficial Interest In the Property, Including,
but not limited to. those benef1cfal Intemts trensferted In a bond for deed, contract for deed.
installment sales contract or escrow agreement, the intent of which Is the transfer of title by
Borrower at a future date to a purchaser.
Initials 'M-t\.
Loan Number: 0094286994 - 9502
.,o.~ 11tJ'200SJ Rev. 1 Pave 20f3

0311312006 2:28:57 PM
06 0634453
• 3124106
If all or any part of the Property or any Interest In the Property is sold or transferred (or if
Borrower is not a natural person and a beneficial Interest In Borrower Is sold or transferred)
without Lender's prior written consent, Lender may require Immediate payment In full of an sums
secured by this security Instrument. However, this option shall not be exercised by Lender If
such exercise Is prohibited by federal law. lender also shall not exercise thIs option if: la)
Borrower <:aU$es to be submItted to lender information required by Lender to evaluate the
intended transferee as if a new loan were being made 10 the transferee; and (b) Lender
reasonably determines that Lerlder"s security wIll not be impaired by the loan assumption and
that the risk of a breach of any covenant or agreement In this Security Instrument is acceptable
to Lender. .
To the extent permUted by Applicable Law, Lender may charge B reasonable fee as a
condition to Lender's consent to the loan assumption. Lender may also require the transferee to
sign an assumption agreement that is acceptable to Lender and that obligates the transferee 10
keep all the promises and agreements made In the Note and In this Security Instrument.
Borrower win continue to be obligated under the Note and this Security Instrument unless Lender
releases Borrower in writing. If Lender exercises the option to require immediate payment In full,
Lender shall give Borrower notice of acceleration. The notice shall provIde a period of not less
than 30 days from the date the notice Is given In accordance with Section 15 within which
Borrower must pay ell sums secured by this Security Instrument. If Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permllted by this
Security Instrument without further notice or demand on Borrower.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in
this Adjustable Rate Rider.
-ur-....I
Borrower MICHAEn:~H:':iE=R:-=E=D"""IA:-----
(S6al)
'=B-or-ro-w-e-r-----------'
(Seal)
(Seal) (Seal)
Borr~o~w-e~r------------
.. ""B~o-rr-ow-er------------
Loan Number: 0094286994 - 9502
"0.3 (.... 1.011 Page30f3

03/1312006 2:28:~1 PM
06 0634453
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BANK OF AMERICA, EX REL. 'S DEMURRER TO COMPLAINT
This page Is part of your document· DO NOT DISCARD
...1
•.., IIIIUIUIIBIIIUllmll·1111
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Rccordeclll'Jled 'n ornera. Rlc:ords
Recorde". omce, Los Ang.les eoumy,
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17MB09 200803110030085 Counter
TITLE(S) DEED
111_11111
LEA D SHE E T
A••••• o,·. Identification Numbe, fAIN)

To be completed by examiner OR ntle Company 'n black Ink. Number of AIN'. Shown
.- THIS FORM IS NOT TO BE DUPLICATED
I
Oioa. '01&4368 Otx. LA.2b06 W4iJ3lJ& cealed St. LP"'1AiCOl Pih&J. '15/2009 8.39.20 "'" fl$T
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... MICHAEL II HER~CIA 111111111111

~ ,"0 BOX 5091
~
Zlil 90255
HUNTINGTON PARK. CA
'--__ 20080417388
---
nIo 001_ NIl. 1lL.:lolS..zst,;.Df-IJ..
QUITCLAIM DEED
The lllIdet1lgned d.cIIn. ttIIt 1he docurnIIIlaIy nnstIr lax Is S v -'d Is
o compultd on full valUe ot the Internt Of PRlPllrty conveyed, or ". _
o ~ on fun vallie leas !he value of Itns Ind IIlCUII'lbIance h1mUmg Ihlnon at
IImt of saJe. Tht land I8nt/lltlll:l or I8I1ly Is Ioc8tId In _
o unInoclrporaltd ....a:0 dy of .nd
FOR A. VALUABLE CONSIOERATION.1IC:8Ipt of '1Itlk:h Is Mhlby ~gld.
. M'OHAI!I. A " • ..ax.. A"-",JD fIlM AIM. SOLB AND SS'~TIi PROPERlY
do {dbi""'rneiVei Itrililt, iIIiaA eM I'6i'IW,~unaitriilO_ _. .__... _ _ ._~
THE MICHAIlL A HEREDIA AND aultAN LOMAS JOINT uvWOTRUST D;;TeD .lAroIUARY it 200t
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SIi.1EXHl8~~'LI!OAL DE-eAlPTlON ~.;.;;aD"~O ;;.~.MADE PART OF

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IN. TAX STATBmfq TOPAIlf'I ~ 0111145 PClWMUIO UIlI:. NOP»m iO iHcMtc.MALAi&iiicKriD AIda!:
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- - - - - - - - _ . _ - _._----
ILLEGIBLE NOTARY SEAL DECLARATION
GOVERNMENT CODe 27361.7
Icertlly under penalty or per,ury Ihat the notary seal on lhe documenl to whIch thl' lIatemenlls aUached
,ead, .. tollow.
Name of NOlary LOlt.tZ..Awe- t? F~ slea IM..(?'?QI

OaleCommrssion expire, JULy '1, ,=COC(
Nolary Identlflcallon Number J < 9 -'.1 09

(For Nol.r.eS commIssIoned aUer '.'.'992P
Manufacturer/Vendor IdentIfication Number _....JIl~'..JUt:::!.AL!. _
(FOI Nota,I,. commlilloned aller 1"·1992)
Place of ElI.cullon of Ihls Decfatahon _ _....s:.IVo::&.ou.r?-=.J1A::~~A-~~:..!J;;..=

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19
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21
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23
24
25
26
27 EXHIBIT "e"
28
Recording requested by: THIS IS TO CERTIFY THAT THIS IS A FULL,
Quality loan Service Corp TRUE AND CORRECT COPY OF THE ORIGINAL
RECORDED IN THE OFFICE OF THE COUNTY
When recorded mall to: RECORDED ON: March 10, 2009
Quality Loan Service Corp. AS DOCUMENT NO: 09·337279 BK: I PG:
214' 5th Avenue
San Diego. CA 92101 BY: 51 Tide Court Automation
LSI TITLE COMPANY (CA)
TS No.: CA·09·256610-BL loan No.: 15843261
IMPORTANT NOTICE
NOTICE OF DEFAULT AND ELECTION TO SELL
UNDER DEED OF TRUST
IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND IN
YOUR PAYMENTS, IT MAY BE SOLD WITHOUT ANY COURT ACTION. You
may have the legal right to bring your account in good standing by paying all of your past due payments
plus permitted costs and expenses within the time permiued by law for reinstatement of your account
(normany live business days prior to the date set for the sale of your property). No sale may be set until
three months from the date this notice of default 1$ recorded (which date of recordation appears on this
notice). This amount is $18,621.28 as of 31912009 and will increase until your account becomes current.
WhHe your property is in foreclosure, you still must pay other obligations (such as insurance and
taxes) required by your note and deed of trust or mortgage. If you lall to make future payments on the
loan, pay taxes on the property, provide insurance on the property. or pay other obligations as required In
Ihe note and deed of trust or mortgage. the beneficiary or mortgagee may insist that you do so In order to
reinstate your account in good standing. In addition. Ihe beneficiary or mortgagee may require as a
condition of reinstatement that you provide reliable written evidence that you paid all senior liens. property
taxes, and hazard insurance premiums.
Upon your written request. the beneficiary or mortgagee wiD give you a written itemization of the
enlire amount you must pay. You may not have the pay the entire unpaid portion of your account. even
though fuU payment was demanded, but you must pay all amounts In defauh at the time payment Is made.
However, you and your beneficiary or mortgagee may mutually agree In writing prior to the time the notice
of sale Is posted (which may not be earlier than the three-month period stated above) to. among other
things, (1) provide additional time in which to cure the default by transfer of the property or otherwise; or
(2) establish a schedule of payments in order to cure your default; or both (1) and (2).
Following the expiration of the lime period referred to In the fltst paragraph of this notice, unless the
obligation being foreclosed upon or a separate written agreement between you and your credltor permits a
longer period. you have only the legal right to stop the sale of your property by paying the entire amount
demanded by your creditor.
To find out the amount you must pay. or arrange lor payment 10 stop Ihe foreclosure, or if your
property is in foreclosure for any other reason, contact:
Utton Loan servicing LP

CIO Quality Loan Service Corp.
2141 5th Avenue
San Diego, CA 92101
619-645·7711
TS No.: CA·09-256610·BL
Loan No.: 15843261
Notice of Default and Election To Sell Under Deed of Trust
If you have any questions, you should contact a lawyer or the governmental agency which may
have Insured your loan. Notwithstanding the fact thaI your property is in foreclosure, you may offer your
property tor sale provided the sale is concluded prior to the conclusion of the foreclosure.
Remember, YOU MAY LOSE LEGAL RIGHTS IF YOU DO NOT TAKE PROMPT
ACTION.
NOTICE IS HEREBY GIVEN: That the undersigned is either the original trustee, the duly appoinled
substituted trustee, or acting as agent for the trustee or benefICiary under a Deed of Trust dated
311312006, executed by MICHAEL A. HEREDIA, A MARRIED MAN, AS HIS SOLE AND SEPARATE
PROPERTY, as Trustor, to secure certain obligations In favor of ARGENT MORTGAGE COMPANY,llC,
as beneficiary, recorded 3/2412006, as Instrument No. 2006·0634453. in Book xxx, Page xxx of Official
Records in the Office of the Recorder of lOS ANGELES County, Callfomia descnblng land therein: as
more fUlly described in saId Deed of Trust.
Said obligations including 1 NOTE(S) FOR THE ORIGINAL sum oJ $560,500.00, thaI the beneficial
interest under such Deed oJ Trust and the obligations secured thereby are presently held ~ the
undersigned; that a breach of, and default In. the 06ligatlons for which such Deed of Trust is security has
occurred in that payment has nol been made of:
Inslallment of principal and interest plus impounds and advances which became due on 121112008 piUS
amounts Ihat are due or may become due for the following: late charges, delInquent property taxes,
insurance premiums, advances made on senior liens, taxes and/or insurance. truslees fees, and any.
anorney fees and court ~sts arising from or associated with beneficiaries effort to protect and preserve ils
security must be cured as a condition 01 reinstatement
That by reason thereof, the present beneficiary under such deed of trust, has executed and
delivered to s8id duly ~ted Trustee, a written Declaqlllon oJ Default and Demand for same, and has
deposited with said duly appoInted Trustee, such deed of trust and all documents evidencing obligations
secured thereby, and has declared and does hereby declare aD sums secured thereby immediately due
and payable and has elected and does hereby eled to cause the trust property to be sold to satisfy the
obligations secured thereby.
The Beneficiary or its designated agent declares that It has contacted the borrower, tried with due
diligence to contact the borrower as required by California Civil Code § 2923.5, or the borrower has
surrendered the P(()J)erty to the beneficiary or authorized agent. or IS otherwise exempt from the
requirements of § 2923.5.
Dated: 31912009 Quality loan Service Corp., AS AGENT FOR BENEFICIARY

BY: LSI Tille Company, as Agent
[f you have previously been di$Charged throllgh bankruptcy. you may have been released of personal liability Cor Ihis
loan in which case this letter is intended to exercise the note holder's righls against dJc real property only.
THIS OFFICe IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL
BE useD FOR THAT PURPOSE.
As required by law, you are hereby notified thaI a negative credit report reflecting on your eredit record may be
submitted to • credit repon agency if yOIl fail to fulfill the tenns of your credit obligations.
I{(Ct"dinl1 requested by:
THIS IS TO CERTIFY THAT THIS IS A FUll.
Q11l1ily 1.,\&1\ s.:",i~ tOil!. TRUE AND CORRECT COpy OF THE ORIGINAL
When n:wrdc:d lIIaillO: RECORDING FEE: -..::!$~1..::5.:.::0:.:.0 _
()ualily Loan Scrvic~ Corp.
RECORDED ON: June 11, 2009
2141 5th Avenue
San Diego, CA 9210 I AS DOCUMENT NO: 09-0877297
BY: II Khundy Vy
LSI Tine COMPANY (CA)
TS ii CA-09-2S6610-BL Loan #15843261 SPAl" A80\"'. nns L1!'11! F<lIIIU.'r.tlllO£R"S 'lSI.'
NOTICE OF TRUSTEE'S SALE

YOU ARE IN DEVA ULT UNDER A DEED OF TRUST DATED 3/1312006. UNLESS YOU TAKE ACTION TO PROTECT
YOUR PllOPERT", IT MAYBE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATlON OF THE NATURE OF
THE PROCEEDING AGAINST YOU. YOU SHOULD CONTACT A LAWYER"
A public auction salc to the highcst bidder for cash, cashier's check drawn on a state or national bank. check drawn by state or federal
credil union. or a check drawn by a state or federal savings and loan association, or savings a..'lsociation. or savings bank specified in
Seelion 5 J02 to the Financial code and authorized to do business in this state. will be held by duly appointed lTUsleC. The sale wjll he
made, but without co\'cnant or warranty, expressed or implied, regarding title, possession, or encumbrances. to pay the remaining
principal sum of the notc(s) secured by the Deed of Trust, with interest and late charges thereon, as provided in the note(s). adva:i.. c.
under Ihe tenns of the Deed of Trust, interest thereon, fees, charges and expenses of the Trustee for the total amount (at the time of rb,~
inilial publication of the Notice of Sa/e) reasonably estimated to be sel forth below. The amount may be greater on the day of sol::.
BENEFICIARY MA Y ELECf TO BID LESS THAN TifF: TOTAL AMOUNT DUE.
Trustor(s): MICHAEL A. HEREDIA, A MARRIED MAN, AS HIS SOLE AND SEPARATE PROPERTY
Recorded: 312412006 as Instrument No. 2006-0634453 in book xxx. page xxx of Official Records in"the office ofLhe Recorder
of LOS ANGELES County, California;
Dale of Sale: 71612009 at 10:30 AM

Place of Sale: At the West side of tbe Los Angeles County Courthouse. directly facing Norwalk Rlvd., 11110 Norwalk Blvd.,
Norwalk. CA 90650
Amount of unpaid balance and other charges: SS87,246.03
The purported property address is: 2528 Kendall Street
La Verne, CA 917s{)
Assessors Parcel No. 8370-035-088
The undersigned Trustee disclaims any liability for any incorrectness oflhe property address or other common designation. if any. shown 11crcin. If
. no strccl addrel:S or olber common designntion is shown. directions 10 Ihe location of the propcrty may he obtained by sending U "Tinen requesllO
Ihe benclic:iary w;lh;n 10 da)'s afthe date of first publication oflhis NOlicc of Sale.
Ifthe Trustee is unable to convey title (or any reaso~ the successful bidder's sole and exclusive rem.edy shall be the return of
monics paid 10 tbe Trustee, and the succe.'lsful bidder shall have no further recourse.
IJ the sale is set aside for any renson, the Pu rchaser at the sale ,han be entitled only to a rcturn o( 'he deposit paid. The
Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, or tbe Mortgagee's Attorney.
Date: 6/1112009 Quality Loan Service Corp.
2J41 5th Avenue
Saa Dleeo, CA 92101
619-645-77)) For NON SALE Information only
Sale Line: 71.....730-2717 or Logia to: www.lidelltyasap.com
R''''''l~'.l LI•., (B.~.'"
~ ~0~· ._. ._
Quahty Loan ServIce Corp. by: Andrew Basom. as Authorized Agent.
------~--
II' you have previously been discharged through bankruptcy, you may have been released of personalliabililY fllr this loan in which
case this letter is intended to exercise the note holder's right, against the real property only.
THIS NOTICE IS SENT FOR THE PURPOSE OF COLLECTING A DEBT. THIS FIRM IS ATTEMPTING TO COLLECT
. A DEBT ON BEHALF OF THE HOLDER AND OWNER OFTHE NOTE. ANY INFORMATION OBTAINED BY OR
PROVIDED TO THIS FIRM OR THE CREDITOR WILL BE USEI) FOR THAT PURPOSE.
A~ required by law, you are hereby notified that 8 negative ~redit report reflecting on your credit record may be submitted to II credit
report agency if you fnil to fulfill the terms of your credit obligations.
1
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27 EXHIBIT "E"
28
BANK OF AMERICA, EX REL.'5 DEMURRER TO COMPLAINT
,.
this page Is part of your document - DO NOT DISCARD
Pages:
0003
12117109 AT 08:00AM
Ii'EES : 12 • 00
~s: 0.00
~: 0.00
PUD: 12 .00
IIIIIIII._INI~. LEADSHEET
~IIU~~I_~ 200912170110005
00001656569
1lllnllll,lllllun
ocn449101
SEQ:
19
DAR - T1.tle comPany UlaJ:d. Copy)
II
THIS FORM
•
IS NOT 10 BE DUPLICATED t3S
,
1
Trustee's Deed Upon Sale
I ; Page
RecordlnlJ requested by:
Litton Loan Servicing LP

4628 loop Central Drive
Houston, TX 77081
Forward tax statements to the address given above
TS'" CA-09-25661O-Bl Order" 090164368-CA-MAI

AP.N.: 8370-435-088 Transfer Tax: $0.00
The undersigned grantor dedares:

The grantee herein IS the foreclosing beneficiary.
The amount of the unpaid debt together with costa was: $621,075.85
The amount paid by the grantee at the trustee sale was: $312,500.00
The documentary transfer tax Is: None
said property is In the City of: La Verne, County of LOS ANGELES
QUAUTY LOAN SERVICE CORPORATION. as Trustee, (whereas so designated in the Deed of Trust
hereunder more partlcular1y described or as dUly appointed Trustee) does hereby GRANT and CONVEY
to
Bank of America, National Auoclation u aue:cnaor by mera-rto LaSaiI. Bank National Association. as
Trustee 'Of'the C-BASS Mortg_ge a..o.n AtIaet-aacbd c.rtIflc:aIlM, Serlee 2006-CB7
(herein called Grantee) but without covenant or warranty, expressed or Implied. au right title and Interest
conveyed to and now held by It as Trustee under the Deed of Trust In and to the property situated In the
county of LOS ANGeLES, S~te or California. desCtibed as tolows:
LOT 105 OF TRACT~. at007. iN fH~ CITY
OF LA vERNE,
COuN'rY OF LOS ANGELES, STATE OF
CAUFORNIA. AS PER MAP RECORDeD IN BOOK 7t5 PAGES 87 AND 81 OF MAPS, IN THe OFFICE OF THE
COUNTY RECORDeR OF SAID COUNTY.
recorded on 312412001 .alnstniment number 200f.0834453, WI Book xxx.

.s
This conveyance Is lMde ~ compliance with Ihe terml and provisiona of the Deed of Trust executed by MICHAEL
A. HEREDIA. A MARRIED MAN, AS HIS SO&.! ANI) SEPARATE PROPERTY, trustor, dated 31131%00&,. and
Page XXX of OfIIcIaI Rec;ord, In the office
of the Recorder of LOS ANGELES, California, under the euthority end powera veated In the Trustee dealgnated In
the Deed of Trust or _. the duly eppointed ttustee, default having 0CCUl'I'ed under Ihe Deed of Truat pul'lUant to the
Notice of Breach and Election to Sell under the Deed of Trust recorded on 31t0l2008. In.tRlment no 09~3727t,
Book • Paoe , of 0fticIaI records. Trustee having COC1'IflI'ed with .1 applicable slatukHy requirements of &he Stale of
California and pedonned eU duties required by the Deed of Trust Including .endln; a Nollce of Default and Election
/1'
,
.

2 I Page
10 SeD wIIhIn ten daya after Ita recording and a Helke of sale at leaat twenIy days prior to the Sale Date by certified
mail, POltage pre.pald to each porIOn entitled to notice In compllence with california CIvil Code 292<&b
Default occurred as set forth in a Notice of Breach and election to Sell which was recorded in the orrlCe of
the Recorder of said CtKJnty.
All requirements of law regarding the maling of copies of notices or the publication of a copy of the Notice
of Breach and Election to setl or the personal detivery of the copy of the Notice of Breach and Election to
Sell and the posting and pUblication of copies of the Notice of sale have been complied with.
Said property was sold by said Trustee at public auction on 121i12OO9 at the place named In the Notice of
Sale, In the County of LOS ANGELES. California, In which the property Is situated. Grantee, being the
highest bidder at such sale, became the purchaser of said property and paid therefore to saki trustee the
amount being $312,500.00 In lawful money of the United States, or by the satisfaction, pro tanto, of the
obligations then seeured by said Deed of Trust.
Date: 1211012008 QUALnYLOANSER~CECORPORAnON
By:
State of california )
County of San Diego)
On I J-./cf'./11 before me, Mlch.lle Nguyen a notary public, personally appeared K8r1a Sanchez,
whO~ on the basis of satJsfadory evidence to be the person(s) whose name(s) isfare
subscribed to the within Instrument and 8Cknowle~ged to me that tleIshelthey executed the same In
hislher/their authorized capacity(ie8), and that by hisllierlthelr lIignature(s) on the Instrument the person(s).
or the entity upon behalf of which the person(s) acted, executed !he instrument
I certify under PENALTV OF PERJURY under the laws of the State of California that the foregoing
paragraph Is true and correct.
WITNESS my hend and official seal.

,.:J.:.'. '. M'C.c~.h~
.• ~UYEN
SIgn.... ~ (5eaI) (8
...... , '-=~~I
. C4lmm. EX •MAY i. 2OtO
THIS OFFICE IS ATTEMPTING TO COlLECT A DEBT AND AHY INFORMATION OBTAINED Will BE
USED FOR THAT PURPOSE.
"ThII1nstrUrnent ~ beIIv t800Rfed as an

ACCOMMODA'1'iON ONLY, wi1h no
RtprISIIItaIIon as to Ita .beI ~ lIlle·
1
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5
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7
8
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19
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24
25
26
27 EXHIBIT ~~F"
28
BANK OF AMERICA, EX REI. 'S DEMURRER TO COMPLAINT
Case Summary
Case Number: KC057540

MICHAEL A. HEREDIA VS BRENTWOOD REAL ESTATE GROUP
Filing Date: 12/18/2009

Case Type: Other Real Property Rights Case {General Jurisdiction}
Status: Dismissed - Other OS/28/2010
Future Hearings
None
Documents Filed I Proceeding Information
Parties
AMAN KAllEY R. - Attorney for Defendant
ARGENT MORTGAGE COMPANY LLC - Defendant
ASDOURIAN MARK V. - Attorney for Defendant
BANK OF AMERICA - Defendant
BAYARD THOMAS J. ESQ - Attorney for Plaintiff
BOSS DAVID G. ESQ. - Former Attorney for Plaintiff
BRENTWOOD REAL ESTATE GROUP INC. - Defendant
HEREDIA MICHAEL A. - Trustee
LIlTON LOAN SERVICING LP - Defendant
LOMAS SUSAN - Plaintiff
PODMENIK MATTHEW ESQ. - Attorney for Defendant
QUAUTY LOAN SERVICE CORPORATION - Defendant
TOTTEN CAMERON H. ESQ. - Former Attorney for Plaintiff
Case Information I Party Information I Proceeding Information

Documents Filed (Filing dates listed In descending order)
Click on any of the below Iink(s) to see documents filed on or before the date
indicated:
http://www.lasuperiorcourt.org/CiviICaseSummary!casesummary.asp?Referer=index 1112212010
----------------------
12'18120Q9
06/01/2010 Substitution of Attorney

Flied by Attorney for Plaintiff
06/01/2010 Declaration (of Thomas J. Bayard)

Filed by Attorney for Plaintiff
OS/26/2010 Notice of Ruling

Flied by Attorney for Defendant
04/29/2010 Proof of Service

04/29/2010 Proof of Service (ntc of motion to be relieved as counsel)

04/27/2010 Notice of Motion (to be relieved as counsel)

04/27/2010 Notice (request for judicial ntc In support of demurrer)

Filed by Attorney tor Defendant
04/27/2010 Miscellaneous-Other (memo of p&a in support to demurrer)

Filed by Attorney for Defendant
04/08/2010 Notice (of non-opp to demurrer)

04/02/2010 Notice of Continuance

03/29/2010 Notice of Hearing

Filed by Court
03/26/2010 Substitution of Attorney

03/15/2010 Demurrer
03/10/2010 Default Entered


03/01/2010 Demurrer
03/01/2010 Rtn of Service of Summons & Compi

http://www.lasuperiorcourt.org/CivilCaseSummary/casesummary.asp?Referer=index 11/22/2010
-------- -
------ - - - - - -
"-
02/26/2010 Notice (of stay)
02/26/2010 Notice (In support of Litton Loan Servicing, LP's special app. In opp to
plaintiff's motion for preliminary injunction )
02/26/2010 OSC-Failure to File Proof of Serv

Filed by Clerk
02/25/2010 Opposition (to plalntifrs motion for preliminary injunction)

02/18/2010 Rtn of Service of Summons & Compl

02/16/2010 Ex-Parte Application (for a temporary restraining order)


02/03/2010 Declaration (of David Owen in Suppport of Quality's Declaration)

02/03/2010 Notice of Change of Address

02/03/2010 Declaration (quality's dec! of nonmentary status)

01/28/2010 Opposition (to motion for preliminary Injunction)

Filed by Atty for Defendant and Cross-Compl
01/26/2010 Amendment to Complaint (doe 1 Bank of America)

12/23/2009 Notice-Case Management Conference

Filed by Clerk
12/22/2009 Summons Issued

Click on any of the below IInk(s) to see documents filed on or before the date
indicated:
TOP 12118/2009
12/18/2009 Complaint Flied
Click on any of the below IInk(s) to see documents filed on or before the date
indicated:
TOP 1211812009
http://www.Jasuperiorcourt.org/CiviJCaseSummary/casesummary.asp?Referer=index 11122/2010
- -0- .........
· .. -. - . ..- _.- _.-._ _- ~ _._.~ - -_ _-.. _.. ~~,,_ ~ --_. -- '" - - --'-'-- -_ -._~ .-_.- _.- .. " -~.- - _---
Case Information I Party Information I Documents Filed
Proceedings Held (Proceeding dates listed in descending order)
OS/28/2010 at 08:30 am In Department J, Oki, Dan Thomas, Presiding

Conference-Case Management (OSC re Dism for fall to file FAC) - Dismissed by
Court
OS/20/2010 at 08:30 am in Department J, Oki, Dan Thomas, Presiding

Hearing on Demurrer (CMCMotlon To Be Relieved As Counselcmc contmot to be
relieved denied) - Demurrer sustained without leave
04/09/2010 at 08:30 am In Department], Oki, Dan Thomas, Presiding

Hearing on Demurrer - Matter continued
02/16/2010 at 09:00 am In Department J, Oki, Dan Thomas, Presiding

Exparte proceeding - Motion Denied
._----.. _-_._._.------.------ --_.

Case Information I Party Information I Documents Filed I Proceeding Information
http://www.lasuperiorcourt.org/CiviICaseSummary!casesummary.asp?Referer=index 1112212010
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF ORANGE
3 I am employed in the City of Newport Beach, County of Orange, State of California. I am over the age of
18 years and not a party to the within action. My business address is: Mark V. Asdourian, Attorney &
4 Counselor At Law, A Professional Corporation, 610 Newport Center Drive, Suite 1250, Newport Beach,
California, 92660.
5
On February 11, 2011, I served a copy of the document(s) named below on the parties interested in this
6 action.
7
DOCUMENT(S) SERVED: REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF BANK OF
AMERICA, EX REL:S DEMURRER TO COMPLAINT
8
9 [Xl By placing [ ] the original [X] a true and correct copy thereof in a sealed envelope addressed as
follows:
10
Susan Lomas
11 155 West Washington Boulevard, #1005
Los Angeles, CA 90015
12
2528 Kendall Street
La Verne, California 91750
BY MAIL: I am "readily familiar" with the firm's practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the U. S. Postal
Service on that same day with First Class postage, thereon fully prepaid at Newport Beach.
California in the ordinary course of business. I am aware that on motion of the party served,
service is presumed invalid if postal cancellation date or postage meter date is more than one day
after date of deposit for mailing in affidavit.
[1 BY PERSONAL SERVICE: I arranged to have DDS Legal Support Systems deliver a copy of said
18 document(s) by hand to the person(s) stated at the address listed above. An additional Proof of
Service will be signed by the courier and filed at a later date.
19
[ ] BY FACSIMILE: I transmitted a true and correct copy of the above-referenced document from a
20 facsimile machine at Mark V. Asdourian, Attorney & Counselor At Law, A Professional
Corporation whose facsimile number is 949.644.5301 to the interested parties in this action at the
21 facsimile number listed above. The above-described transmission(s) was/were reported as
complete, without error, by a COMMUNICATION JOURNAL issued by the facsimile machine.
22
[Xl STATE: I declare under penalty of perjury under the laws of the State of California that the above
23 is true and correct.
24 Executed on February 11, 2011, at Newport Beach, California.
c2...c::::~~--
25
Chase Ruiz
i '. ..~ .. ~.
onCE IN SUPPORT OF
REQUEST FOR JUDIC'IA~ N EMURRER TO COMPLAINT
BANK OF AMERICA, EX REL. S D
1 II Mark V. Asdourian, Esq. (State Bar No. 123688)
Jamie L. Ackerman, Esq. (Slate Bar No. 258457)
2 I MARK V. ASDOURIAN, PLC
610 Newport Center Drive, Suite 1250
3 nNewport Beach, California 92660
Telephone: 949.644.5300
4 II Facsimile: 949.644.5301
E-Mail: mark@asdourianlaw.com
5
Attornev for Defendant.
6 II Bank of America, ex reI.
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA

9 FOR THE COUNTY OF LOS ANGELES, EAST DISTRICT
10
11 II
SUSAN LOMAS, an individual; SUSAN ) CASE NO. KC059379
LOMAS, Trustee of the Michael A. Heredia )
12 II and Susan Lomas Joint Living Trust Dated ) JUDGE PETERJ. MEEKA
January 22, 2008 )
13 ) SUPPLEMENTAL REQUEST FOR
Plaintiff, ) JUDICIAL NOTICE IN SUPPORT OF
14 ) BANK OF AMERICA, EX REL. '5
vs. ) DEMURRER TO COMPLAINT
15 )
)
1611 BANK OF AMERICA, A NATIONAL )
ASSOCIATION, as successor by merger to ) DATE: MARCH 23, 2011
17 ~ La Salle Bank National Association, as ) TIME: 8:30AM
trustee for the Certificate C-BASS Mortgage ) PLACE: DEPARTMENT 0
18 H Asset-Backed Certificate, Series, 2006-CB-7 )
and; DOES 1-20, Inclusive )
19 )
Defendants. )
WI ~
21
22
23
24
25
26
27
28
SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF
~'d G6H ~vL £~G plABO dV~:G~ ~ ~ ~G J8V\J

1 II TO THE HONORABLE PETER J. MEEKA
2 H AND TO EACH PARTY AND ATTORNEY OF RECORD:

3 II By authority of Evidence Code §§452 and 453, Defendant Bank of America, National
4 II Association, as successor by merger to La Salle Bank National Association, as Trustee for
5 II theC-Bass Mortgage Loan Asset-Backed Certificates, Series 2006-CB-7 ("Bank of America"),

6 II hereby respectfully requests that the Court take judicial notice of the following in
7 II connection with Bank of America's Demurrer to Plaintiff's Complaint:
8 1. That certain Corporation Assignment of Deed of Trust recorded on July 20,
9 2007 in connection with that certain real property commonly described as
10 2528 Kendall Street, La Verne, CA 91750, a true and correct copy of which is
11 attached hereto, marked Exhibit" AU; and
12 2. That certain Substitution of Trustee recorded on April21, 2009 in connection

8
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~.§.~~ .... 13 with that certain real property commonly described as 2528 Kendall Street,
~.-&.~-"
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"
.~~ o~~~~ 14 La Verne, CA 91750, a true and correct copy of which is attached hereto,
g~u .. j~~
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<UO(lU~~
,,);)"_f..)"" 6= 15 marked Exhibit "B".
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:E5Q:::~~ 16 II DATED: March 16, 2011 MARK V. ASDOURIAN, PLC
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19 B
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SUPPLEMENTAL REQUEST FOR JUDIOAL NOTICE IN SUPPORT OF
BANK OF AMERlCA, EX REt. '5 DEMURRER TO COMPLAINT -1-
G"d G6H ~vL £~G plABO dV~:G~ ~ ~ ~G J8V\J

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EXHIBIT A" 1/
SUPPLEMENTAL REQUEST FOR JUDlClAL NOTICE IN SUPPORT OF

BANK OF AMERICA, EX REL:S DEMURRER TO COMPLAINT
£·d G6n ~vL £~G P!ABO dV~:G~ ~ ~ ~G JBV'J

213741 1792 pA
Mar 21 11 12:15p David
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II~~IIII ~llml~~Unlll~III~IIi~ IIIIII1
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\\!ilcn rcC'ordcd mail to:
First American Ttlt~ Lr.lldt.-rs Ad....nnt2.lo!.l:
Lass Mj[je:afion Tille $rrviccs· LMTS
1100 SI",er;o, Ave, Sic 21m
Clc:\'clalld. OH 44114
~ Order: 3f,0S49S Ln: 15843261
Attn: National Recording'S 1120
NAME Argent Mortgage Compa(ly, LLC
ADDRESS 3 Park Plaza. 19th Floor
CITY & Irvine, CA 92614
STATE 2006-CB7
Loan Number 0094286994 - 9502
SPACE ABOVE THIS LINE FOR RECORDER'S USE
n_~$
CORPORATION ASSIGNMENT OF DEED OF TRUST
FOR VALUE RECEIVED. lhe undersigned hereby grants, assigns and transfers 10, _
1 aSal1e aaR~ Nation.1 0stociaVon as tnr;tee
ror !he C·BASS MllrIgaga 4lan AsseI·Backed 135 SotJ1h laS. S~ Suile 1525, Chi:ago, I~ 60603
GenmcaWs, Stills 2OC6=CB7,Mlht)iJt i eOJw se
all beneficial interest under that certain Deed of Tn.Jst dated 03/13/06 , execuled by
MICHAEL A. HEREDIA, A Married Man, As His Sole and Separate Property
~M\-~~'b ~lldo.\\ ~+te..e.~) 'La. \..)e..tne. CJ:>. C:W1S0, , Truslor
to Town and Counlry TiUe Services, Inc., Trustee

and recorded as Instrument No. On3-~..(" in book • page ,of Official Records in the County
Recorde~s offICe or LOS ANGELES County, California, describing land lherein as:
"Xl\'b~- ~~CCc544S'3 Q.'m~'. 5~fS<::O .00
"EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF"
TOGETHER with the note or noles therein descrtbed or referred 10, the money due and to become due thereon with
interest, and all rights accn.Jed under said Deed of Trust
~%' .~~C)O - e:.~S 4C)~~
Argent Mortgage Company, LLC
Daled 03/24/2006
) JESSI - AGENT
Stale of California ) S5.
Counly of Orange )
)
On 0312412006 before me, MARTHA LONDON
personally appeared JESSICA OTT
personally known to me (or proved to me on lhe basis of satisfactory evidence) 10 be lhe person(s) whose name(s)
islare subscrtbed to e within instrument and acknowledged to me that he/she/they executed the same in his/herltheir
)I authorized capa' . s), and that by his/her/their signalure(s on the instrument the erson s or the enti u n
(,
",}
behalf ofl"hk:, the p SOl1(S) ajltJld,
. executed the insln.Jment FOR NOTARIAL SEAL OR STAMP
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".'. Escrow No. 2876 DH
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75O-CA1 1'V'2(Xl$) Re ....C3
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15843261 LEGAL DESCRIPTION ss
lOT 105 OF mer NO. 29007, IN THE CITY OF lA VERNE, COUNTY OF lOS ANGElES, STATE Of
OOfORNIA, AS PER MAP RECORDED IN BOOK 715 PAGES 87 AND 88 Of MAPS, IN THE CfFICE Of
Th'E courm RECORDER Of SAID courm.
I1I11Y 1\IIIIti ~I HEREDIA

12640198 ~
FIRST AMERl~N LENDERS RDVRNTAGE
(-)
'';
RSSIGNI'EKT
11111\i lUI. 11111 ll\ltlllUIII IIII 111 ~ 11111111
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28 EXHIBIT JIB"
BANK OF AMERICA" EX REL. '5 DEMURRER TO COMPLAINT
Ld G6n ~vL 8~G P!ABO d9~:G~ ~ ~ ~G JBV'J

Record/fig ",queslCd by: THIS IS TO CERTIFY THAT THIS IS A FULL,
TRUE AND CORRECT COPY OF THE ORIGINAL
When recorded mail to: RECORDED ON: April 21, 2009
AS DOCUMENT NO: 09-0578838 BK: I PG:
Quality Loan Service Corp, BY: sf Title Court Automation
2141 5th Avenue LSI TITLE COMPANY (CA)
San Diego, CA 92101
619-645-7711
Space above this line for recorders use
TS # CA-09-256610-BL Order # 090154368-CA-MAI Loan # 15843261
Substitution of Trustee
WHEREAS, MICHAEL A, HEREDIA, A MARRIED MAN, AS HIS SOLE AND

SEPARATE PROPERTY was the original Trustor, TOWN AND COUNTRY TITLE SERVICES,
INC. was the original Trustee, and ARGENT MORTGAGE COMPANY, LLC was the original
Beneficiary under that certain Deed of Trust dated 3/13/2006 and recorded on 312412006 as
Instrument No. 2006-0634453, in book xxx, page xxx of Official Records of LOS ANGELES
County, CA; and
WHEREAS, the undersigned is the present Beneficiary under said Deed of Trust, and
WHEREAS, the undersigned desires to substitute a new Trustee under said Deed of
Trust in place and stead of said original Trustee, or Successor Trustee, thereunder, in the
manner prOVided for in said Deed of Trust,
NOW, THEREFORE, the undersigned hereby substitutes QUALITY LOAN SERVICE

CORPORATION ,as Trustee under said Deed of Trust.
Whenever the context hereof so requires, the masculine gender includes the feminine andlor
neuter, and the singular number includes the plural.
Page '/
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Substitution of Trustee - CA
TS # CA-09·25661 O·Bl
Page 2
Dated: 3/9/2009
Bank of America, National Association as successor by

merger to LaSalle Bank National Association, as Trustee
for the C-BASS Mortgage Loan Asset-Backed Certificates,
Series 2006-CB7
By:
J(1~t\~~
Diane Di.~on
i_: ~" ..,);.: ;_:~J; ..,_:'; :3.::~'·'::C!;' (.; :"P Assistant Vice President
~..,_. ~,:.-,.: . .'.!~\,,: ~ ;-1.. ~ ,:.:, . .
State of ~ )
County of Harris)
• • ~..,'->"'
On (\,0., Ii; i Cfi Date before me, / if.t. t 55,d, A-fY

a notary public, personally
appear~d i Diane Dixon who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are sUbscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on Ihe inslrumentthe person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the Stale of California that the
foregoing paragraph is true and correel
MELlS$A 3fU
No-..-y Pu~ Sf;;lG' 0: T~as
WITNESS my hand and official seal. ~~
"'''''' ComtrisSIl)l'"
t.terctl 25. 20 I'
"-
Signature 7-;''7_.e.--4e..c> (Seal)
S'd Gsn ~vL 8~G PiASa dn:G~ ~ ~ ~G JSV'J

Affidavit of Mailing
for Substitution of Trustee By Code
TS No.: CA-Q9-256610-BL
Truslor: MICHAEL A. HEREDIA, A MARRIED MAN, AS HIS SOLE AND SEPARATE
PROPERTY
I, Adelia Herrera, declare: That I am an employee of Quality Loan Service Corp., an agent for
beneficiary, whose business address is:
2141 5th Avenue

San Diego. CA 92101
I am over the age of eighteen years and in accordance with California Civil Code Section 2934,
I caused a copy of the attached Substitution of Trustee to be mailed, in the manner provided in
Section 2924(b) of the Civil Code of the Stale of California, to the trustee of record under the
Deed of Trust described in said Substitution and to all persons to whom a copy of the Notice of
Default would be required to be mailed by the provisions of said section.
I certify (or declare) under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed at San Diego, CA on 3/21/2009.
/"""',,-.
.i -
' . "<J"
\
{L~j/,f j~ , ( ) A.~{A
Adelia Herrera
O~'d G6n ~vL 8~G plASO dn:G~ ~ ~ ~G JSV'J

1 PROOF OF SERVICE
2 STATE OF CAUFORNIA, COUNTY OF ORANGE
3 n I am employed in the City of Newport Beach, County of Orange, State of California. I am over the age of 18
years and nota party to the within action. My business address is: Mark V. Asdourian, Attorney & Counselor
4 II At Law, A Professional Corporation, 610 Newport Center Drive, Suite 1250, Newport Beach, California,
92660.
5
On March 16,2011, I served a copy of the document(s) named below on the parties interested in this action.
6
DOCUMENT(S) SERVED: SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF
7
BANK OF AMERICA, EX REL:S DEMURRER TO COMPLAINT
8
IX] By placing [ J the original [Xl a true and correct copy thereof in a sealed envelope addressed as
9 II follows:
10 II Susan Lomas
155 West Washington Boulevard, #l005
11 Los Angeles, CA 90015
8 12 111] BY MAIL: I am "readily familiar" with the firm's practice of collection and processing
> N§ correspondence for mailing. Under that practice it would be deposited with the U. S. Postal Service
. ;; t: B on that same day with First Class postage, thereon fully prepaid at Newport Beach. California in the
~::i!~S::;:-
UJ«~ '" 0
13
c" icf2~~ ordinary course of business. I am aware that on motion of the party served, service is presumed
.~~ .. ~15""v invalid if postal cancellation date or postage meter date is more than one day after date of deposit
;>0,,::'1;:1:
oeu_:,j .... O':
14
~ StiB ;.~ for mailing in affidavit.
<v5E·~ili ..
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...
/IIX] OVERNIGHT DELIVERY: I am readily familiar with the practice of Mark V. Asdourian, Attorney
::;5c..:::~~ & Counselor At Law, A Professional Corporation for coliection and processing of documents for
:£<z~ .". 16
~2
overnight delivery and know that the document(s) described herein will be deposited in a box or
17 other facility regularly maintained by Overnight Express for overnight delivery.
]811 I I BY FACSIMILE: I transmitted a true and correct copy of the above-referenced document from a
facsimile machine at Mark V. AsdolJrian, Attorney & Counselor At Law, A Professional Corporation
19 whose facsimile number is 949.644.5301 to the interested parties in this action at the facsimile number
listed above. The above-described transmission(s) was/were reported as complete, without error,
20 by a COMMUNICATION JOURNAL issued by the facsimile machine.
21 IIlxI STATE: I declare under penalty of perjury under the laws of the Slate of California that the above
is true and correct.
22
Executed on March 16, 2011, at Newport Beach, California.
23
24
25
~2--=3Chase Ruiz
26
27
28
~ ~ 'd G6n ~j7L £~G plABO dg~:G~ ~ ~ ~G JBV'J

11-04-06 Lomas V Bank of America (KC059379) "Request(s) For Judicial Notice" - Additional Evidence of Fraud On The Court in Foreclosure Procedure S

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Human Rights Alert by Joseph Zernik

B. Requests for Judicial Notice pursuant to California law

California Evidence Code Section §452 says:

California Evidence Code Section §453 says:

C. General Notes on Records Filed as Part of “Request[s] for Judicial Notice”

D. Specific Notes on the Attached Records

a) Exhibit A: Deed of Trust by Michael Heredia

23 marked Exhibit "0";

24 5. That certain Trustee's Deed Upon Sale recorded on December 17,2009 in

2 pertaining to case number KC057540 as reported on November 22, 2010 and

4 Kendall Street La Verne, CA 91750, a true and correct copy of which is

5 attached hereto, marked Exhibit "F".

28 REQUEST FOR JUDICIAL NonCE IN SUPPORT OF

RECORDED/FILED IN OFFICIAL RECORDS

Assessor's Identification Number (AIN)

THIS FORM IS NOT TO BE DUPLICATEO

Return To: 06 0634453

Prepared By:Argent Mortgage Company, LLC

(Space Abo..e nib Une For Recorcllna D a l . ) - - - - - - - - - - - -

Borrower is the trustor under this Security Instrument.

Lender is a Limi ted Liability Company

Lender is the beneficiary under this Security Instrumenc.

§ Adjustable Rate Rider

TRANSFER OF RIGHTS IN THE PROPERTY

Parcel 10 Number: 8370-035-088 which currently has the address of

County of Los ~e te5 } ss:

on_3~-,...".15==-=~.,.....O_O_(P_ before me, §,.;:s;t JA~~~'(J

Witness my hand and official seal.

400.15CA (OSI200$)Rev .ell 06 0634458

--- --- - ------

ADJUSTABLE RATE RIDER

2528 KENDALL STREET, LA VERNE, CA 91750

THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE

ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the

A. INTEREST RATE AND MONTHLY PAYMENT CHANGES

4. INTEREST RATE AND MONTHLY PAYMENT CHANGES

'1l).1~11011 Page 1 013

(C) Calculation of Changes

(D) Limits on Interest Rate Changes

(E) Effective Date of Changee

B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER

.,o.~ 11tJ'200SJ Rev. 1 Pave 20f3

Loan Number: 0094286994 - 9502

"0.3 (.... 1.011 Page30f3

A••••• o,·. Identification Numbe, fAIN)

.- THIS FORM IS NOT TO BE DUPLICATED

wellllCOllCID 1M&. lMIllaDAND, UII.III

... MICHAEL II HER~CIA 111111111111

SIi.1EXHl8~~'LI!OAL DE-eAlPTlON ~.;.;;aD"~O ;;.~.MADE PART OF

W1TNe~ "band anclotricill leal. ~ • .,.,..

S1gnatu~). n: l~rz '. ". \,:·;jj(l~~l ":d:·.

Trll~ CD~Vl!!'y~~ "f)t.A1J1'VA Au ,rvrefZ4Jr ''''70 ore- ouT itJF-

GOVERNMENT CODe 27361.7

Name of NOlary LOlt.tZ..Awe- t? F~ slea IM..(?'?QI

Nolary Identlflcallon Number J < 9 -'.1 09

Place of ElI.cullon of Ihls Decfatahon _ _....s:.IVo::&.ou.r?-=.J1A::~~A-~~:..!J;;..=

TS No.: CA·09·256610-BL loan No.: 15843261

Utton Loan servicing LP

Dated: 31912009 Quality loan Service Corp., AS AGENT FOR BENEFICIARY

TS ii CA-09-2S6610-BL Loan #15843261 SPAl" A80\"'. nns L1!'11! F<lIIIU.'r.tlllO£R"S 'lSI.'

NOTICE OF TRUSTEE'S SALE

BENEFICIARY MA Y ELECf TO BID LESS THAN TifF: TOTAL AMOUNT DUE.

Place of ElI.cullon of Ihls Decfatahon _ _....s:.IVo::&.ou.r?-=.J1A::A-:..!J;;..=