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1IN THE CIRCUIT COURT OF THE OREGON JUDICIAL CIRCUIT IN AND FOR LANE COUNTY, STATE OF OREGON CIVIL DIVISION CASE NO.: 1210-05250 123 ABC Ave Plaintiff, vs. BANK OF AMERICA 5401 N Beach Street TX2-977-01-06 Fort Worth, TX76137-2733 Defendant. PLAINTIFFS MOTION TO ORDER A PRELIMINARY INJUNCTION BARRING SALE

5 6 PLAINTIFFS MOTION TO ORDER A PRELIMINARY INJUNCTION BARRING SALE 7 8Plaintiff requests that the Court issue a PRELIMINARY INJUNCTION barring the sale of 9Petitioners home/property located at 20610 SW 94th Ave. Tualatin, OR 97062. 10 11I. INTRODUCTION 12The Defendant has issued a Notice of Trustee Sale and intends to sell the property at a 13public auction on May 12, 2010. The sale will proceed unless a PRELIMINARY 14INJUNCTION is granted to resolve the controversy in this civil action. 15 16This matter arises out of Defendants actions seeking to foreclose on Plaintiffs 17home/property. Plaintiff is alleging wrongful foreclosure in that the Defendant can not 18produce valid proof of claim to have standing to foreclose. Plaintiff has requested 19documents and material from Defendant for proof of claim and standing to foreclose via 20certified mail #5555555555 on Jan 1, 2010 and a second request via certified mail 21#55555555555 on February 2, 2010. To date, the Defendant have not supplied Plaintiff 22with this proof as requested. 23 24Therefore, in order to have this controversy resolved, the Plaintiff has filed this civil 25action to petition this Honorable Court to adjudicate the issue. 26 27Plaintiff has enclosed an Affidavit in support of the PRELIMINARY INJUNCTION as 28evidence and truths presented before this Honorable Court.

29 30There is a likelihood of success on the merits of Plaintiffs case. Plaintiffs rights are 31clear and unambiguous. Defendants failure/refusal to provide proof of a claim, proof 32that they are a lawful Holder in Due Course, proof that they are a Real Party of Interest, 33and proof that they have lawful standing to foreclose in the face of legitimate requests 34for this proof is tacit agreement that they do not have a valid claim, nor standing 35to foreclose. 36 37Furthermore, the Plaintiff declares that the contract is void ab initio as there are 38substantial evidence that fraud in factum and fraud in inducement committed by the 39Defendant as evidenced by the enclosed affidavit. 40 41CONCLUSION 42Until this controversy is resolved, Denial of PRELIMINARY INJUNCTION will result in 43irreparable harm, to wit, the depravation of Plaintiffs legally protected property and all 44the trauma that goes with it, including damage to Plaintiffs relationships, reputation 45within the community, and credit rating. 46 47Granting the PRELIMINARY INJUNCTION will not result in even greater harm to the 48nonmoving party. If Defendant can prove a valid claim, prove they are a Real Party of 49Interest, prove they are a lawful Holder in Due Course, and prove they have lawful 50standing to foreclose, prove that they did not commit fraud, then they will still be able to 51foreclose. 52 53PRAYER FOR INJUNCTIVE RELIEF 54 Wherefore, Plaintiffs motion having satisfied the requisite elements, Plaintiff 55Motions this Court grant a PRELIMINARY INJUNCTION based on evidence presented 56before this Honorable Court. 57 58 59 60 61

62Respectfully submitted: This 9th day of June, 2010. 63 64 65 66 _______________________ 67 George Tran 68 Authorized Representative 69 123 ABC Ave 70 Eugene, OR 97402 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 CERTIFICATE OF SERVICE 89 90 I HEREBY CERTIFY that a true and correct copy of the above and foregoing has 91been furnished by U.S. Certified Mail to: 92Bank of America 935401 N Beach Street 94TX2-977-01-06 95Fort Worth, TX76137-2733 96 97This ______ day of May , 2010 98 99 _______________________ 100 George Tran 101 Authorized Representative 102 123 ABC Ave 103 Eugene, OR 97402 104 105 106 107 ____________________ 108 Witness