Party Discovery: MARTIN ENG VS. JP MORGAN CHASE BANK, N.A. ET AL (Pltf 170.6 Challenge Judge Quidachay)

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                                BRYAN CAVE LL

THREE EMBARCADERO CENT

8
8

SAN FRANCISCO, CA 94111-4070

BRYAN CAVE LLP

Daniel T. Rockey, California Bar No. 178604
Goli Mahdavi, California Bar No. 245705
Three Embarcadero Center, 7th Floor

San Francisco, CA 94105-2994

Telephone: (415) 675-3400
Facsimile: (415) 675-3434
E-Mail: daniel.rockey@bryancave.com

goli.mahdavi@bryancave.com

Attorneys for Defendant
JPMORGAN CHASE BANK, N.A.

ELECTRONICALLY

FILED

Superior Court of California,
County of San Francisco
01/04/2017
Clerk of the Court
BY:MADONNA CARANTO
Deputy Clerk

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SAN FRANCISCO

MARTIN ENG,
Plaintiff,
Vv.
JPMORGAN CHASE BANK, N.A.;
QUALITY LOAN SERVICES; LENDER
PROCESSING SERVICES, INC., DOES 1-
1000 inclusive,

Defendants.

SFO1DOCS\294740.1

Case No. CGC-15-546377

DECLARATION OF GOLI MAHDAVI IN
SUPPORT OF MOTION TO HAVE
REQUESTS FOR ADMISSIONS
DEEMED ADMITTED, TO COMPEL
DISCOVERY RESPONSES AND THE
PRODUCTION OF DOCUMENTS AND
TO IMPOSE SANCTIONS

[Filed concurrently with Motion, and
[Proposed] Order]

Date: — February 3, 2017
Time: 9:00 a.m.
Dept.: 302 - DISCOVERY

June 16, 2015
August 21, 2017

Complaint Filed:
Trial Date:

DECLARATION OF GOLI MAHDAVI ISO OF DEFENDANT’S MOTION TO HAVE MATTERS DEEMED
ADMITTED & COMPEL DISCOVERY RESPONSES** FLOOR

BRYAN Cave LLP,
SAN FRANCISCO, CA 94111-4070

THREE EMBARCADERO CENTER, 7

DECLARATION OF GOLI MAHDAVI

1, Goli Mahdavi, declare:

1. lam an attorney licensed to practice law in the State of California and an associate
with the law firm of Bryan Cave LLP, counsel of record for Defendant JPMorgan Chase Bank,
N.A. (“Defendant”). I make this Declaration in support Defendant’s Motion to have matters
deemed admitted in first set of Request for Admission, to compel discovery responses and the
production of documents and to impose sanctions. The information contained in this Declaration is
true and correct to the best of my knowledge and if called upon to testify in court regarding the
matters addressed herein, I could and would competently do so.

2. On or around November 3, 2016, Defendant served Plaintiff David Martin Eng
(“Plaintiff”) the Request for Admission, Set One. Attached hereto as Exhibit 1 is a true and
correct copy of Defendant’s Request for Admission, Set One.

3. On or around November 3, 2016, Defendant served Plaintiff the Request for
Production, Set One. Attached hereto as Exhibit 2 is a true and correct copy of Defendant’s
Request for Production, Set One.

4. On November 3, 2016, Defendant served Plaintiff the Form Interrogatories, Set
One. Attached hereto as Exhibit 3 is a true and correct copy of Defendant’s Form Interrogatories,
Set One.

5. On November 3, 2016, Defendant served Plaintiff the Special Interrogatories, Set
One. Attached hereto as Exhibit 4 is a true and correct copy of Defendant’s Special

Interrogatories, Set One.

6. The discovery propounded by Defendant pertains to Plaintiff's contentions in his
complaint.
7. Plaintiff's responses were due December 8, 2016. However, December 8, 2016

came and went without any response from Plaintiff.
8. On December 21, 2016, I wrote to Plaintiff noting that no responses had been
provided, and advising that because of this all objections had been waived. I requested that

Plaintiff provide verified responses and produce the requested records by no later than January 2,

SFOIDOCS\294740.1 1

DECLARATION OF GOL] MAHDAVI ISO OF DEFENDANT'S MOTION TO HAVE MATTERS DEEMED
ADMITTED & MOTION TO COMPEL RESPONSES** FLOOR

BRYAN Cave LLP,
SAN FRANCISCO, CA 94111-4070

THREE EMBARCADERO CENTER, 7

2017. Attached hereto as Exhibit 5 is a true and correct copy of the December 21, 2016
correspondence.

9. Plaintiff did not respond and did not serve responses or produce documents.

10. As of January 4, 2017, Plaintiff had failed to provide the responses, and Defendant
was forced to file this motion.

11. I spent more than five hours preparing this motion, this supporting declaration and
proposed order. I graduated from Santa Clara University of Law in 2006, and have been
practicing civil litigation in state and federal courts throughout Northern California since that time.
My current billable rate is $430 per hour. Defendant requests that the Court award Defendant
monetary sanctions against Plaintiff in the amount of no less than $2,150 for the time spent
preparing this motion, and Defendant requests that amount be increased by any time spent
preparing a reply brief or appearing at the hearing on this motion.

I declare under penalty of perjury under the laws of the State of California that the facts set
forth above are true and correct.

Executed this 4th day of January, 2017, at San Francisco, California.

Goli Mahdavi

U

SFOIDOCS\294740.1 2

DECLARATION OF GOL] MAHDAVI ISO OF DEFENDANT'S MOTION TO HAVE MATTERS DEEMED
ADMITTED & MOTION TO COMPEL RESPONSESEXHIBIT 1BRYAN CAVE LLP
Daniel T. Rockey, California Bar No. 178604

2 || Goli Mahdavi, California Bar No. 245705
Three Embarcadero Center, 7th Floor
3 || San Francisco, CA 94105-2994
Telephone: (415) 675-3400
4 || Facsimile: (415) 675-3434
E-Mail: daniel.rockey@bryancave.com
5 goli.mahdavi@bryancave.com
6 || Attorneys for Defendant
JPMORGAN CHASE BANK, N.A.
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SAN FRANCISCO
10
Ze 11 |) MARTIN ENG, Case No. CGC-15-546377
Plaintiff,
see DEFENDANT JPMORGAN CHASE
855 13 v. BANK, N.A.’S REQUEST FOR
oe ADMISSIONS TO PLAINTIFF MARTIN
see 14 || JPMORGAN CHASE BANK, N.A.; ENG, SET ONE
eee QUALITY LOAN SERVICES; LENDER
=£ 15! PROCESSING SERVICES, INC., DOES 1-
wg 1000 inclusive,
g 16
7 Defendants.
17 Complaint Filed: — June 16, 2015
18 Trial Date: May 30, 2017
19
20 PROPOUNDING PARTY: DEFENDANT JPMORGAN CHASE BANK, N.A.
RESPONDING PARTY: PLAINTIFF MARTIN ENG
SET NUMBER: ONE
22
23
24
25
26
27
28

SFO1DOCS\290135.1

DEFENDANT'S REQUEST FOR ADMISSIONS TO PLAINTIFF MARTIN ENG, SET ONEBRYAN Cave LLP,
THREE EMBARCADERO CENTER, 7TH FLOOR

SAN FRANCISCO, CA 94111-4070

oS 0 OND WH BR WY

Pursuant to California Code of Civil Procedure §2033.010 et seq., Defendant JPMorgan
Chase Bank, N.A. (“Defendant”) requests that Plaintiff Martin Eng (“Plaintiff”) respond fully, in
writing, and under oath to each of the following Request for Admission, Set One, within thirty
(30) days of the service hereof.

DEFINITIONS

For purposes of the following Requests for Admission:

1. The terms “YOU” and “YOUR?” refers to Plaintiff Martin Eng and/or his
predecessors-in-interest, attorneys, accountants, investigators, and/or any other person or entity
acting on his behalf.

2. “CHASE” refers to Defendant JPMorgan Chase Bank, N.A., and any of its
successor or parent corporations, subsidiary companies or related entities and any of its current
and former officers, directors, employees, agents, representatives, attorneys, independent
contractors, subcontractors, consultants, assigns, as well as any individual, partnership,
corporation or other legal entity acting or purporting to act on its behalf.

3. The term “DOCUMENT” as used herein shall mean any and all documents,
tangible things and property, including, but not limited to, any tape recording, video recording,
electronic mail transmission, facsimile transmission, film, photograph, or any data recorded or
stored in a computer hard drive, floppy disk, CD-ROM, punch card, magnetic tape or otherwise,
and every other means of recording, any form of communication, data or representation.
Documents shall include both the original and any non-identical copy, whether different from the
original by reason of alteration or any notation made on such copy or otherwise.

4. The term “PROPERTY” shall refer to the subject real property of this litigation,
located at 939 Lombard Street, San Francisco, California 94133-2217 as referenced in pages 5 and
18 of YOUR First Amended Complaint.

5. The term “LOAN” shall refer to the refinance loan agreement in the principal
amount of $1,789,500.00, referenced at paragraphs 27 and 28 of YOUR First Amended

Complaint.

SFO1DOCS\290135.1 1

DEFENDANT'S REQUEST FOR ADMISSIONS TO PLAINTIFF MARTIN ENG, SET ONEBRYAN Cave LLP,
THREE EMBARCADERO CENTER, 7TH FLOOR

SAN FRANCISCO, CA 94111-4070

oS 0 OND WH BR WY

6. “COMPLAINT” shall mean the Complaint filed by YOU on June 16, 2015 in the
Superior Court of California, San Francisco County, Case No. CGC-15-546377, as amended on or
around January 14, 2016.

7. “COMMUNICATIONS?” shall mean any DOCUMENT, oral statement, text
messages, e-mails, meeting or conference, formal or informal, whereby information of any nature
was stated, written, recorded, or in any manner transmitted.

8. “AND” and “OR” shall be construed both conjunctively and disjunctively, and
each shall include the other whenever such construction will serve to bring within the scope of
these requests any information that would not otherwise be deemed within their scope.

9. “REFER” OR “REFERRING” OR “REFERRED” OR “RELATE” OR
“RELATING” OR “RELATED” means and includes mentioning, discussing, summarizing,
comprising, constituting, describing, reflecting, containing, including, depicting, connected with,
embodying, evidencing, concerning, reporting OR involving an act, occurrence, event, transaction,
fact, thing or course of dealing.

10. Whenever used herein, the singular shall be deemed to include the plural, and the
plural shall be deemed to include the singular; the masculine shall be deemed to include the
feminine and the feminine shall be deemed to include the masculine.

INSTRUCTIONS

In answering these REQUESTS, please furnish all information, including information
contained in writing or other tangible materials, that is known or available to YOU or YOUR
agents, employees, attorneys, or any persons acting on behalf of or under the direction or control
of YOU.

If YOU cannot answer any of the REQUESTS in full, after exercising due diligence to
secure the information to do so, please so state and answer the REQUEST to the extent that is
possible to do so. Please specify the portion of each REQUEST which YOU are unable to answer
in full and further specify the facts on which YOU rely to support YOUR contention that YOU are

unable to answer the REQUEST fully and completely.

SFO1DOCS\290135.1 2

DEFENDANT'S REQUEST FOR ADMISSIONS TO PLAINTIFF MARTIN ENG, SET ONEBRYAN Cave LLP,
THREE EMBARCADERO CENTER, 7TH FLOOR

SAN FRANCISCO, CA 94111-4070

oS 0 OND WH BR WY

REQUEST FOR ADMISSIONS

REQUEST FOR ADMISSION NO. 1:

Admit t

at YOU defaulted on the LOAN.

REQUEST FOR ADMISSION NO. 2:

Admit tl

at YOU have not paid off the LOAN in full.

REQUEST FOR ADMISSION NO. 3:

Admit tl

REQUEST FOR ADMISSION NO. 4:

Admit tl

REQUEST FOR ADMISSION NO. 5

at YOU failed to pay the property taxes for the PROPERTY in 2007.

at YOU failed to pay the property taxes for the PROPERTY in 2008.

Admit tl

REQUEST FOR ADMISSION NO. 6:

Admit

REQUEST FOR ADMISSION NO. 7:

at YOU failed to pay the property taxes for the PROPERTY in 2009.

hat YOU failed to pay the property taxes for the PROPERTY in 2010.

Admit tl

hat YOU failed to pay the property taxes for the PROPERTY in 2011.

REQUEST FOR ADMISSION NO. 8:

Admit that CHASE did not cause YOU any monetary loss.

REQUEST FOR ADMISSION NO. 9:

Admit tl

at CHASE did not conceal the identity of the lender and servicer of the LOAN.

REQUEST FOR ADMISSION NO. 10:

Admit tl

at the document attached hereto as Exhibit A is a true and correct copy of the

Master Loan Application submitted by YOU in connection with the LOAN.

REQUEST FOR ADMISSION NO. 11:

Admit tl

at the signature on Exhibit A hereto is YOURS.

REQUEST FOR ADMISSION NO. 12:

Admit

at the document attached hereto as Exhibit B is a true and correct copy of the Note

RELATING TO the LOAN.

SFO1DOCS\290135.1

3

DEFENDANT'S REQUEST FOR ADMISSIONS TO PLAINTIFF MARTIN ENG, SET ONEBRYAN Cave LLP,
THREE EMBARCADERO CENTER, 7TH FLOOR

SAN FRANCISCO, CA 94111-4070

oS 0 OND WH BR WY

REQUEST FOR ADMISSION NO. 13:
Admit that the signature on Exhibit B hereto is YOURS.
REQUEST FOR ADMISSION NO. 14:
Admit that the document attached hereto as Exhibit C is a true and correct copy of the
Deed of Trust RELATING TO the LOAN.
REQUEST FOR ADMISSION NO. 15:
Admit that the signature on Exhibit C hereto is YOURS.
REQUEST FOR ADMISSION NO. 16:
Admit that the document attached hereto as Exhibit D is a true and correct copy of the
Notice of Default referenced at paragraph 43 of YOUR COMPLAINT.
REQUEST FOR ADMISSION NO. 17:

Admit that the document attached hereto as Exhibit E is a true and correct copy of the
Substitution of Trustee referenced at paragraph 47 of YOUR COMPLAINT.
REQUEST FOR ADMISSION NO. 18:

Admit that the document attached hereto as Exhibit F is a true and correct copy of the

Notice of Trustee’s Sale, recorded on May 18, 2009, and referenced at paragraph 52 of YOUR
COMPLAINT.
REQUEST FOR ADMISSION NO. 19:

Admit that the document attached hereto as Exhibit G is a true and correct copy of the
Notice of Trustee’s Sale, recorded on September 2, 2009, and referenced at paragraph 52 of
YOUR COMPLAINT.
REQUEST FOR ADMISSION NO. 20:

Admit that the document attached hereto as Exhibit H is a true and correct copy of the
Notice of Trustee’s Sale, recorded on February 1, 2010, and referenced at paragraph 52 of YOUR
COMPLAINT.
REQUEST FOR ADMISSION NO. 21:

Admit that the document attached hereto as Exhibit I is a true and correct copy of the

SFO1DOCS\290135.1 4

DEFENDANT'S REQUEST FOR ADMISSIONS TO PLAINTIFF MARTIN ENG, SET ONEBRYAN Cave LLP,
THREE EMBARCADERO CENTER, 7TH FLOOR

SAN FRANCISCO, CA 94111-4070

oS 0 OND WH BR WY

Notice of Trustee’s Sale, recorded on September 15, 2010, and referenced at paragraph 52 of
YOUR COMPLAINT.
REQUEST FOR ADMISSION NO. 22:

Admit that the document attached hereto as Exhibit J is a true and correct copy of the
Trustee’s Deed Upon Sale referenced at paragraph 54 of YOUR COMPLAINT.
REQUEST FOR ADMISSION NO. 23:

Admit that the document attached hereto as Exhibit K is a true and correct copy of the
Modification Agreement between YOU and Washington Mutual Bank, FA.

REQUEST FOR ADMISSION NO. 24:
Admit that the signatures on Exhibit K hereto are YOURS.
REQUEST FOR ADMISSION NO. 25:

Admit that the LOAN was never eligible for modification under the Home Affordable
Modification Program (HAMP) because the LOAN exceeded the HAMP loan amount cap of
$729,750.

REQUEST FOR ADMISSION NO. 26:

Admit that in 2008 YOU could not afford to make the monthly payments owing on the
LOAN.

REQUEST FOR ADMISSION NO. 27:

Admit that in 2008 YOU did not make all the monthly payments owing on the LOAN.
REQUEST FOR ADMISSION NO. 28:

Admit that pursuant to the terms and conditions of the Purchase and Assumption
Agreement between the FDIC as receiver of Washington Mutual and JPMorgan Chase Bank,
National Association, dated September 25, 2008, JPMorgan Chase Bank, National Association
acquired all loans and all loan commitments of Washington Mutual.

REQUEST FOR ADMISSION NO. 29:

Admit that pursuant to the terms and conditions of the Purchase and Assumption

Agreement between the FDIC as receiver of Washington Mutual and JPMorgan Chase Bank,

National Association, dated September 25, 2008, JPMorgan Chase Bank, National Association

SFO1DOCS\290135.1 5

DEFENDANT'S REQUEST FOR ADMISSIONS TO PLAINTIFF MARTIN ENG, SET ONEBRYAN CAVE LLP.
THREE EMBARCADERO CENTER, 7TH FLOOR

SAN FRANCISCO, CA 94111-4077;

Rw wy =

an

acquired the LOAN.

REQUEST FOR ADMISSION NO. 30:

Admit that the document attached hereto as Exhibit L is a true and correct copy of a notice
of collection activity dated December 11, 2008.

REQUEST FOR ADMISSION NO. 31:

Admit that YOU did not cure YOUR delinquency on the LOAN after receiving the notice
of collection activity dated December 11, 2008 attached hereto as Exhibit L.

REQUEST FOR ADMISSION NO. 32:

Admit that YOU have not made a payment on the LOAN since September 2008.

Dated: November 3, 2016 BRYAN CAVE LLP

Daniel Rockey
Goli Mahdavi
_

By: VL

Goli Mahdavi
Attorneys for Defendant
JPMORGAN’CHASE BANK, N.A.

SFOLDOCS\290135.1 6

DEFENDANT'S REQUEST FOR ADMISSIONS TO PLAINTIFF MARTIN ENG, SET ONEEXHIBIT Ane

Master Loan Application ™ N

This application is designed to be completed by the applicant(s) with the Lender's assistance. Applicants should complete this form as “Borrower” or
“Co-Borrower”, as applicable. Co-Borrower information must also be provided (and the appropriate box checked) when [_] the income or assets of
person other than the "Borrower" (including the Borrower's spouse) will be used as a basis for loan qualification or the income or assets of the
Borrower's spouse will not be used as a basis for loan qualification, but his or her liabilities must be considered because the Borrower fesides in a
community property state, the security property is located in a community property state, or the Borrower is relying on other property located in a
community property state as a basis for repayment of the loan.

|. TYPE AND TERMS OF LOAN ae
Loan va [XX] Conventional [__]Line of Credit USOA/Rural Loan Number
Applied for: _ Housing Service REDACTED 146-5
FHA [_] Consumer Financial Update (~"] other (specify:
Loan Amount/Credit Limit Req|interest Rate |No. of Months | amortization [_|Fixed Rate [_ {Other (explain): Agency Case Number
+ 1,789,500 1-650 % 360 Type: GPM [XJARM (type): ONE Month
s I: COLLATERAL/PROPERTY. INFORMAI -AND: PURPOSE OF: LOAN 2 ee

t, city, State, & zip code) or Collateral Oescription TNo. of Units

939 LOMBARD STREET, SAN FRANCISCO, CA 94133-2217 1
Legal Oescription of Subject Property/Tax Lot # or Serial/VIN # (attach description if necessary) Year Built
SEE ATTACHED toe
Purpose of Loan Purchase |Construction-Permanent Personal Property Assumption
[x ]Retinance Cltang Purchase Money Other (explain):
(2 cashback 0X) No Cashback (“|Home improvement Equity
If home loan, property will be: Collateral Type:
Primary Secondary

FkTresidence Residence Investment Manufactured Home Multi-Proparty. Vehicles/Boat___— [X]1-4 SER
Complete this line if construction-permenent foen.

Year Lor Acquired Original Cost Amount Existing Liens lab Present Value of Lot tb! Cost of Improvements [Total (2 + b)

’ $

Complete this line if this is @ refinence loan.
Year Acquired Original Cost |Amount Existing Liens [Purpose of Refinance lOescribe Improvements [_]made to be made

05/01/2003 |s1,200,000.00 |s 1,781,000 [Improvement /Home cost: ¢
Title will be held in what Name(s) [Manner in which Title will be held

MARTIN ENG AS A SEPARATE ESTATE

‘Source of Oown Payment, Settlement Charges and/or Subordinate Financing (explain) Estate will be held in:

[xlFee simpte
LOAN PROCEEDS Leasehold (shaw expiration date)

BORROWERINEQRMATION:: ‘Co:Borrower.

'Co-Borrower's Name {include Jr. or Sr. if applicable)

Uh

oes wer

Borrower's Name (include Jr. or Sr. if applicable)
MARTIN ENG

Social Security Number [Home Phone linc! area ay of Birth

Yrs School |Social Security Number |Home Phone (incl area aaa of Birth [" School

REDACTED (415) 246-1111 Revdcted1953| 18
Married [X]Unmarried (incl. single,|Oependents (not listed by Co-Borrower) Married Unmarried (incl. single.[Oependents (not listed by Borrower)
Separated —_‘“ivorced, widowed) [n0- 0} ages separated divorced, widowed) |no. ages
Present Address (street, city, state, zip code) [x] Own Rent 2 No, Vrs [Present Address (street, city, state, zip code) [_]Own |_| Rent No. Ys
939 LOMBARD STREET
SAN FRANCISCO, CA 94133-2217
Mailing Address, if different from Present Address Mailing Address, if different from Present Address ea
‘f residing et present eddress for tess then two years, complete the following:
Former Address (street. city, state, zip code)[ _] Own[_] Rent No. Yrs [Former Address (street, city, state, zip codel[ _] Own [_] Rent No. Yrs

[oe Borrower V. EMPLOYMENT. INFORMATION| ©
Name & Address of Employer Start Oate: 05/77 Name & Address of Employer
ASIANS .COM Yrs. employed in this Yrs. employed in this
Hline of work/ line of work/
809 KEARNY STREET proteseion. profession
SAN FRANCISCO, CA 94108 28 4
Gross Monthly Income |Gross Monthly Income
[X]Selaried [_]Hourly [~ ]Commission [_ ]Seif Employed |* [Sataried [~]Hourly [_]Commission [~ ]Seif Employed j*
Position/Title/Type of Business Business Phone (incl area code) |Position/Titla/Type of Business Business Phone {inc area code)

BROKER & CONTRACTOR/ INVESTOR (415) 246-1111
4 employed in current position for less then two years or if currently employed in more than one position, complete the following:

Name & Address of Employer [Self Employed Oates {from - to) [Nemo & Address of Employer [Self Emptoyed Oates (from - to}
2nd Job[_]Prev. Job a 2nd Job[_]Frev. Job fan
[Gross Monthiy Income : [Gross Monthly income
$ $
Position/Title/Type of Business [Business Phone {inc area code) |Position/Title/Type of Business [Business Phone (inc area code}
Name & Address of Employer [Self Employed Oates (from - to} —_ |Name & Address of Employer [Sel Employed Dates (from - to}
(MMyY) (MMYYP
[_J2nd Job[—]Prev. Job 2nd Job[__]Prev. Job
oss Monthly Income. (Gross Monthly income
8 *
Position/Titie/Type of Business [Business Phone {incl area codel| Position/Title/Type of Business [Business Phone (incl area code)

a rrr

1452 (01-04) Page 1 of 4-

Gross Monthly Income

Base Empl. Income”

Overtime First Mortgage 3,600.00 |* 6,305.55
Bonuses Other Financing 6,500.00
Commissions Real Estate Taxes 1,250.00 2,143.75
Dividends/intorest Hazard Insurance 100.00

Net Rental Income -16,343 =16,343 {Mortgage Insurance
hi :

ou a rg gomplating se 67,000 67,000 [Homeowners Assn. ae

Income." below)

Tota! 3 50,657__|8
* Self Employed Borrower(s! may be required to provide additional documentation such as tex raturne and financial statements.
** Qualified Monthly Income

Deactibe Other Income Notice: Alimony. child support, or separate maintenance income
Co-Borrower (C) does not choose to have It considered for rapaying this loan.

BIC

o 7,449.30

\d not be revealed If the Borrower (BI or

Monthly Amount

B |LOW DOC 52,000 DIVIDENDS/INTEREST

67,000

es es ASSETS AND LIABILITIES:
This Sta ‘and any applicable supporting schedules may be completed jointly by both merried and unmarried Co-Borrowars if their assets and Itabilities
Joined so that the Statement can be meaningfully and fairly presented on a combined basis; othen parete Sti ents and Schedules are required. If the
Co-Borrower section was completed about a spouse, this Statament and supporting schedules must be cor sted about that spouse als’
TA Jointly — I Not Jointly
Cash or Market Monthly Payment & Unpaid
taeteloee CELT ‘Value LIABILITIES Months Left to Pay Balance
Gash deposk toward purchase held by: 19 Name & Address of Mortgage Company $ Payment/Months |
JAcct #
RASETRECEND Rue #400
SEATTLE, WA 98101 (4,950) /179| * 885,000
List checking end savings accounts balow
Name of Bank, S&L, or Credit Union $ SEE CONTINUATION PAGE
BANK OF AMERICA
272,561 o / NA 7,171,000
Name of Company
BANK OF WEST
233,318 BAC-BANKCARD 10/ R 895
BANK OF AMERICA
17,504 WASHINGTON MUTUAL FA o/ R 10
FIRST USA BANK NA o/_® 28

Stocks, Bonds & Money Merket 9

(Company name/number & description)

Lite insurance net cash value 8

Face Amount: 9

Subtotal Liquid Assets § 523,383
Real estate owned {onter market value |9 15,700,000
from schedule of real estate owned)

‘Vested interest in reti 3

Net worth of busin 8

{attach finencial statement?

———
‘Assots (to include personal property}

Automobiles

Total Monthly Payments

Total Assets! 16,223,383 ee

o

‘Schedule of Real Estate Owned

Insuran

purdng'oncrniotlenngnoa tr [0° | tty | wages cane | Ronlineame | Poymons [Tower wi | pn zone
939 LOMBARD STREET O| SFR : 2,500,000 ‘ 885,000 7 0 3,600 7 1350 7 9
939 LOMBARD STREET O| SFR 9 896,000! ° 6,500 0 0
949 LOMBARD STREET R|MULTI} 7,000,000 2,000,000 11,000 9,790 4000 -11,913
949 LOMBARD STREET R [MULTI ° 970,000 o 6,373 9 0
242 STH AVE R|MULTI| 4,600,000 1,700,000 20,000 9,349 a900| -678
SEE CONTINUATION PAGE 1,600,000 1,605,000 4,500 8,056 1,500 -3,752

Totals 15,700, 000|" 8,056,000 ‘ 35, 0 43,668 7 10,750 716,343
1452 (01-04} Page 2o0f 4List any additional names under which credit has previously been received and indicate appropriate creditor nameis) and account number(s}:

Alternate Name Creditor Name Account Number

ioVIL 2 DETAILS: OF TRANSACTION:

2. Purchase price %
. Alterations, improvements, repairs use continuation sheet for explenation. Yes No | Yes No
7 a. Are there any outstanding judgments against you? ix]

Land (if acquired separately) 7
5 7 b, Have you been declared bankrupt within the past 7 yoars? ix]

G. Refinance {incl. debts to be paid off) 1,781,000 : rt
- : ic, Have you had proparty foreciosed upon or given title or deed in lieu Gd} Co

S21 Estimated prepaid Iter 71059 |” theraot in the last 7 years?

f._ Estimated closing costs 1,874 |g. Are you a party to a lawsuit? LX]

9. PMI, MIP, Funding Fee fe. Have you diractly or indirectly been obligated on any loan which resulted in foreclosure, transfer of

h._ Discount tif Borrowers will pay) title in lieu of forectosure, or judgement? {This would include such loans as home mortgage loans,

SBA loans, home improvement loans, educational loans, manufactured mobile) home loans. any
mortgage, financial obligation, bond or loan guarantee. If “Ves.” provide details, including date.

i. Subordinate financing name and address of Lender, FHA, VA case number. if any, and reason for id
the action.)

k. Borrower closing costs paid by Seller f. Are you presently delinquent or in default on any Federal debt or any other loan, morgage,

1. Other Credits (explain) financial obligation. bond, or loan guarantee? If "Yes," give details as i
described in the preceding question.
lg. Are you obligated to pay alimony, child suppor, of separate maintenance? [x]
Ih, ts any part of the down payment borrowed? J} CI
i, Are you co-maker or endorser on a noi Gd | CJ
j. Are you a USS. citizen? cl
k. Are you a permanent resident alien? x1}
~ Heh amount 1. Do vou intend to occupy the property as your primary residence? x)
ude Pal, MIP, Funding Fee financed)
eee 1,789,500 | 1 *ves." complete question m below.
n._PMI. MIP. Funding Fee financed . Have you had an ownership interest in a property in the last three years? [X]
Behan emeuni Tadd mene (1) What type of property did you own-principal residence (PR), PR
1,789,500 second home (SH}, or investment property (IPI?
(2) How did you hold title to the home--solely by yourself (S), jointly 8

. Cash fromit
P. Cash from/to Borrower with your spouse (SP), of jointly with another person (O}?

{subtract i, k, | & 0 from i) 433
To 7 - n. Reg O Code: Employee/Otticer Senior VP & above (X), Employee/Otticer
below Senior VP {0), Employee/Non-officer (E). N

CKNOWLEDGEMENT AN
Each of the undersigned specifically represents to Lender and to Lender’s actual or potential agents, brokers, processors, attorneys,
insurers, servicers, successors and assigns and agrees and acknowledges that: (1) the information provided in this application is true and
correct as of the date set forth opposite my signature and that any intentional or negligent misrepresentation of this information
contained in this application may result in civil liability, including monetary damages, to any person who may suffer any loss due to
reliance upon any misrepresentation that | have made on this application, and/or in criminal penalties including, but not limited to, fine or
imprisonment or both under the provisions of Title 18, United States Code, Sec. 1001, at seq.; (2) the loan requested pursuant to this
application (the "Loan") will be secured by a mortgage or deed of trust on the property described herein; (3) the property will not be used
for any illegal or prohibited purpose or use; (4) all statements made in this application are made for the purpose of obtaining a residential
mortgage loan; (5) the property will be occupied as indicated herein: (6) any owner or servicer of the Loan may verify or reverify any
information contained in the application from any source named in this application, and Lender, its successors or assigns may retain the
original and/or an electronic record of this application, even if the Loan is not approved; (7) the Lender and its agents, brokers, insurers,
servicers, Successors and assigns may continuously rely on the information contained in the application, and | am obligated to amend
and/or supplement the information provided in this application if any of the material facts that | have represented herein should change
prior to closing of the Loan; (8) in the event that my payments on the Loan become delinquent, the owner or servicer of the Loan may, in
addition to any other rights and remedies that it may have relating to such delinquency, report my name and account information to one
of more consumer credit reporting agencies; (9) ownership of the Loan and/or administration of the Loan account may be transferred
with such notice as may be required by law; (10) neither Lender nor its agents, brokers, insurers, servicers, successors or assigns has
made any representation or warranty, express or implied, to me regarding the property or the condition or value of the property; and (11}
my transmission of this application as an “electronic record” containing my “electronic signature," as those terms are defined in
applicable federal and/or state laws (excluding audio and video recordings), or my facsimile transmission of this application contai
fascimile of my gignature, shall be as effective, enforceable and valid as if a paper version of this application were delivered containing
my original writtBn signgture.

Borrower's

x
(K

The following information is requested by the Federal Government for certain types of loans related to a dwelling in order to monitor the
lender's compliance with equal credit opportunity, fair housing and home mortgage disclosure laws. You are not required to furnish this
information, but are encouraged to do $6. The law provides that a lender may discriminate neither on the basis of this information, nor
on whether you choose to furnish it. If you furnish the information, please provide both ethnic and race. For race, you may check
more than one designation. If you do not furnish ethnicity, race or sex, under Federal regulations this lender is required to note the
information on the basis of visual observation or surname. If you do not wish to furnish the information, please check the box below.
{Lender must review the above material to assure that the disclosures satisfy all requirements to which the lender is subject under
applicable state law for the particular type of loan applied for.)

Date |Co-Borrower's Signature Date

pw Sx

BORROWER 11do not wish to furnish this information CO-BORROWER 1 do not wish to furnish this information

Ethnicity: Hispanic or Latino [x] Not Hispanic or Latino Ethnicity: Hispanic or Latino Not Hispanic or Latino

Race: American Indian 0} Asia Black or : i i Black or
Alaskan Native Le Ainican American| 8° American Indian or |_| Asian African American
Native Hawaiian or white Native Hawaiian or white
other Pacific other Pacific

Sex: Female X] Mate Sex: Femate Male

To be Completed by Interviewer |Interviewer's Name (print or type} Name and Address of interviewer's Employer

‘This apptication was taken by:

Face-to-face interview |UINDA_ MOORE Washington Mutual Bank, FA
Mall interviewer's Signature Date 400 East Main Street
Stockton, CA 95290

Gz] Telephone

Interviewer's Phone Number (incl. area code)

(925) 551-6169

REFERRED BY (NAMET [APPROVED BY (CONSUMER LOANS ONLYI

Page 3 of 4

[J intemet

1452 (01-04)“eXt “NEAREST. LIVING RELATIVE INFORMATION:

ISURANCE AGENT INFORMATION

Name, Address and Phone No.

INeme of Company:

Name of Agent:
‘Phone No.:
Petiey No.
Assets (cont) Liabilities (cont)
Description Value Description Monthly Pmt Remaining
Balance
COUNTRYWIDE (6,500) /138 * 896,000
AURORA (13,790) /145 2,000,000
COUNTRYWIDE (6,373) /152 970,000
UNITED COMMERCIAL (13,249) /128 1,700,000
COUNTRYWIDE (2,429) /235 570,000
GREENPOINT SAVINGS (6,004) /153 920,000
GREENPOINT SAVINGS (1,123) /102 115,000
Subtotal + 7,171,000
MARTZN ENG
1452 (01-04) Page 4 of 4

@

oeEXHIBIT B“4.

ceca

¢ . in ta tue

Go. . copy of . ADJUSTABLE RATE NOTE
of (12-MTA Index - Payment and Rate Caps)

Ce 2 i UCHIPANY
BY REDACTED !146-5
THIS NOTE conrane rBySions ALLOWING FOR CHANGES IN MY INTEREST RATE
AND MY MONTHLY PAYMENY. MY MONTHLY PAYMENT INCREASES WILL HAVE LIMITS
WHICH COULD RESULT IN THE PRINCIPAL AMOUNT | MUST REPAY BEING LARGER
THAN THE AMOUNT | ORIGINALLY BORROWED, BUT NOT MORE THAN 125% OF
THE ORIGINAL AMOUNT (OR $__2,236,875.00__), MY INTEREST RATE CAN NEVER
EXCEED THE LIMIT STATED IN THIS NOTE OR. ANY RIDER TO THIS NOTE. A BALLOON
PAYMENT MAY BE DUE AT MATURITY.

June 28, 2005. SAN_FRANCISCO California
(City) (State)

939 LOMBARD. STREET, SAN FRANCISCO, CA 94133-2217
(Property Address)

1, BORROWER’S PROMISE TO PAY

In return for a loan that | have received, | promise to pay U.S. $ 1,789,500.00 plus
any amounts added in accordance with Section 4 (G) below, (this amount is called "Principal"), plus
interest, to the order of the Lender. The Lender is Washington Mutual Bank, FA .
will make all payments under this Note in form of cash, check or money order. | understand that
the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who
is entitled to receive payments under this Note is called the "Note Holder”.

2. INTEREST

Interest will be charged on unpaid Principal until the full amount has been paid. Up until the first
day of the calendar month that immediately precedes the first payment due date set forth in Section
3 of this Note, | will pay interest at a yearly rate of 5.333 %, Thereafter until the first Change
Date {as defined in Section 4 of this Note) | will pay interest at a yearly rate
of 1.650 %. The interest rate required by this Section 2 and Section 4 of this Note is the Rate |
will pay both before and after any default described in Section 7(B) of this Note.

3. PAYMENTS

(A) Time and Place of Payments

| will pay Principal and interest by making payments every month. In this Note, “payments”
refer to Principal and interest payments only, although other charges such as taxes, insurance
and/or late charges may also be payable with the monthly payment.

1 will make my monthly payments on ist day of each month beginning on

September, 2005 , | will make these payments every month until | have paid ail of the
Principal and interest and any other charges described below that | may owe under this Note. Each
monthly payment will be applied to interest before Principal. If, on August 1, 2035 it
still owe amounts under this Note, | will pay those amounts in full on that date, which is called the
"Maturity Date”.

| will make my monthly payments at 9451 CORBIN AVE, NORTHRIDGE, CA 91324
, or at a different place if required by the Note Holder.

{B) Amount of My {nitial Monthly Payments
Each of my monthly payments until the first Payment Change Date will be in the amount of U.S.

$6,305.55 __, unless adjusted at an earlier time under Section 4(H) of this Note.

32869 (11-011 Page 1 of 6¥

(C) Payment Changes

My monthly payment will be recomputed, according to Sections 4(E)(F)(G)H) and (I) of this
Note, to reflect changes in the Principal balance and interest rate that | must pay. The Note Holder
will determine my new interest rate and the changed amount of my monthly payment in accordance
with Section 4 of this Note.
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES

(A) Change Dates

The interest rate | will pay may further change on the det day of
, and on that day every month thereafter. Each such day is called a

REDACTED 146-5

"Change Date".

(B) The Index

On each Change Date, my interest rate will be based on an Index. The “Index” is the
Twelve-Month Average, determined as set forth below, of the annual yields on actively traded
United States Treasury Securities adjusted to a constant maturity of one year as published by the
Federal Reserve Board in the Federal Reserve Statistical Release entitled "Selected Interest Rates
(H.15)" (the “Monthly Yields"). The Twelve-Month Average is determined by adding together the
Monthly Yields for the most recently available twelve months and dividing by 12.

The most recent Index figure available as of 15 days before each interest rate 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.

{C) Calculation of Changes

Before each Change Date, the Note Holder will calculate my new interest rate by adding

Two & Seven-Tenths percentage points 2.700 %
("Margin") to the Current Index. The Note Holder will then round the result of this addition to the
nearest one-thousandth of one percentage point (0.001%). Subject to the limits stated in Section
4{D) below, this rounded amount will be my new interest rate until the next Change Date. In the
event a new Index is selected, pursuant to paragraph 4(B), a new Margin will be determined. The
new Margin will be the difference between the average of the old Index for the most recent three
year period which ends on the last date the Index was available plus the Margin on the last date the
old Index was available and the average of the new Index for the most recent three year period
which ends on that date (or if not available for such three year period, for such time as it is
available). This difference will be rounded to the next higher 1/8 of 1%.

(D) Interest Rate Limit

My interest rate will never be greater than Ten & Thirty-Five-Hundredths
percentage points 10.350 % ("Cap"), except that following any sale or transfer of the property
which secures repayment of this Note after the first interest rate Change Date, the maximum
interest rate will be the higher of the Cap or 5 percentage points greater than the interest rate in
effect at the time of such sale or transfer.

(E) Payment Change Dates

Effective every year commencing September 1, 2006 » and on the same
date each twelfth month thereafter ("Payment Change Date"), the Note Holder will determine the
amount of the monthly payment that would be sufficient to repay the projected principal balance |
am expected to owe as of the Payment Change Date in full on the Maturity Date at the interest rate
in effect 45 days prior to the Payment Change Date in substantially equal payments. The result of
this catculation is the new amount of my monthly payment, subject to Section 4(F) below, and I will
make payments In the new amount until the next Payment Change Date unless my payments are
changed earlier under Section 4(H) of this Note.

(F) Monthly Payment Limitations

Unless Section 4(H) and 4(I) below apply, the amount of my new monthly payment, beginning
with a Payment Change Date, will be limited to 7 1/2% more or less than the amount | have been
paying. This payment cap applies only to the principal payment and does not apply to any escrow
payments Lender may require under the Security Instrument.

92869 (11-01) Page 2 of 6‘ 3

{G) Changes in My Unpaid Principal Due to Negative Amortization or Accelerated Amortization

Since my payment amount changes less frequently than the interest rate and since the monthly
payment is subject to the payment limitations described in Section 4(F), my monthly payment could
be less or greater than the amount of the interest portion of the monthly payment that would be
sufficient to repay the unpaid Principal ! owe at the monthly payment date in full on the maturity
date in substantially equal payments. For each month that the monthly payment is less than the
interest portion, the Note Holder will subtract the monthly payment from the amount of the interest
portion and will ad the difference to my unpaid Principal, and interest will accrue on the amount of
this difference at the current interest rate. For each month that the monthly payment is greater
than the interest portion, the Note Holder will apply the excess towards a principal reduction of the
Note,

{H) Limit on My Unpaid Principal; Increased Monthly Payment

My unpaid principal can never exceed a maximum amount equal to 125% __ of the principal
amount original borrowed. In the event my unpaid Principal would otherwise exceed that
limitation, | will begin paying a new monthly payment until the next Payment Change Date
notwithstanding the 7 1/2% annual payment increase limitation. The new monthly payment will be
an amount which would be sufficient to repay my then unpaid Principal in full on the maturity date
at my interest rate in effect the month prior to the payment due date in substantially equal
payments.

(I) Required Full Monthly Payment

On the _ FIFTH anniversary of the due date of the first monthly payment, and on that same
day every _FIFTH year thereafter, the monthly payment will be adjusted without regard to the
payment cap limitation in Section 4(F).

(J) Notice of Changes

The Note Holder will detiver or mail to me a notice of any changes in the amount of my monthly
payment before the effective date of any change. The notice will include information required by
law to be given me and also the title and telephone number of a person who will answer any
question | may have regarding the notice.

(K) Failure to Make Adjustments

If for any reason Note Holder fails to make an adjustment to the interest rate or payment
amount as described in this Note, regardless of any notice requirement, | agree that Note Holder
may, upon discovery of such failure, then make the adjustment as if they had been made on time. |
also agree not to hold Note Holder responsible for any damages to me which may result from Note
Holder's failure to make the adjustment and to let the Note Holder, at its option, apply any excess
monies which | may have paid to partial Prepayment of unpaid Principal.
5. BORROWER'S RIGHT TO PREPAY :

| have the right to make payments of Principal at any time before they are due. A payment of
Principal only is known as a "Prepayment". When | make a Prepayment, | will tell the Note Holder
in writing that | am doing so. | may not designate a payment as a Prepayment if | have not made all
the monthly payments due under the Note.

| may make a full prepayment or partial prepayments without paying any prepayment charge.
The Note Holder will apply all of my prepayments to reduce the amount of principal that | owe
under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid
interest on the Prepayment amount, before applying my Prepayment to reduce the principal amount
of the Note. If | make a partial prepayment, there will be no changes in the due dates of my
monthly payments unless the Note Holder agrees in writing to those changes. My partial
prepayment may have the effect of reducing the amount of my monthly payments, but only after
the first Payment Change Date following my partial Prepayment. However, any reduction due to my
partial Prepayment may be offset by an interest rate increase.
6. LOAN CHARGES

lf a law, which applies to this loan and which sets maximum loan charges, is finally interpreted _
so that the interest or other loan charges collected or to be collected in connection with this loan
exceed the permitted limits, then; (a) any such loan charge shall be reduced by the amount

REDACTED 1146-5

32859 111-01) Page 3 of 6o >

necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me
which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this
refund by reducing the Principal | owe under this Note or by making a direct payment to me. If
refund reduces Principal, the reduction will be treated as a partial Prepayment.

Miscelleneous Fees: | understand that the Note Holder will also charge a return item charge in
the event a payment that | make in connection with repayment of this loan is not honored by the
financial institution on which it is drawn. The current fee is $__15.00 - Lender reserves the
right to change the fee from time to time without notice except as may be required by law.

7. BORROWER’S FAILURE TO PAY AS REQUIRED
(A) Lete Cherges for Overdue Peyments .
If the Note Holder has not received the full amount of any monthly payment by the end of
Fifteen calendar days after the date it is due, | will pay a lete charge to the Note Holder. The
amount of the charge will be 5.000 % of my overdue payment of Principal and interest. | will
pay this late charge promptly but only once of each late payment. °

{B) Default

If { do not pay the full amount of each monthly payment on the date it is due, | will be in
default.

{C) Notice of Defeult

lf | am in default, the Note Holder may send me a written notice telling me that if | do not pay
the overdue amount by e certain date, the Note Holder may require me to pay immediately the full
amount of Principal which has not been paid and all the interest that | owe on that amount. That
date must be at least 10 days after the date on which the notice is delivered or mailed to me (or, if
the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation buys all
or part of Lender's rights under the Security Instrument, in which case the notice will specify @
date, not less than 30 days from the date the notice is given the Borrower).

(D) No Welver By Note Holder :

Even if, at a time when | am in default, the Note Holder does not require me to pay immediately
in full as described above, the Note Holder will still have the right to do so if | am in default et a
later time.

(E) Peyment of Note Holder’s Costs end Expenses

If the Note Holder has required me to pay immediately in full as described above, the Note
Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this
Note, whether or not a lawsuit is brought, to the extent not prohibited by Applicable Law. Those
expenses include, for example, reasonable attorneys’ fees.

8. GIVING OF NOTICES

Unless Applicable Law requires a different method, any notice that must be given to me under
this Note will be given by delivering it or by mailing it by first class mail to me at the Property
Address above or at a different address if | give the Note Holder a notice of my different address.

Any notice that must be given to the Note Holder under this Note will be given by mailing it by
first class mail to the Note Holder at the address stated in Section 3(A) above or at a different
address if | am given a notice of that different eddress.

9. OBLIGATIONS OF PERSONS UNDER THIS NOTE

If more than one person signs this Note, each person is fully and personally obligated to keep
all of the promises made in this Note, including the promise to pay the full amount owed. Any
person who is a guarantor, surety, or endorser of this Note is also obligated to do these things.
Any person who takes over these obligations, including the obligations of a guarantor, surety, or
endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note
Holder may enforce its rights under this Note against each person individually or against all of us
together. This means that any one of us may be required to pay all of the amounts owed under this
Note.

REDACTED 146-5

22859 (11-01) Page 4 of 6REDACTED 146-5

10. WAIVERS

| and any other person who has obligations under this Note waive the rights of presentment and
notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment
of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to
other persons that amounts due have not been paid.

11. UNIFORM SECURED NOTE

This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the
protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed
{the "Security Instrument"), dated the same date as this Note, protects the Note Holder from
possible losses which might result if | do not keep the promises which | make in this Note. That
Security Instrument describes how and under what conditions | may be required to make immediate
payment in full of ail amounts | owe under this Note. Some of those conditions are described as
follows:

Transfer of the Property or a Beneficial Interest in Borrower.

If all or any part of the Property or any Interest in the Property is sold 0 or transferred {or if a
beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)
without Lender’s prior written consent, Lender may require immediate payment in full of all
sums secured by this Security Instrument. However, this option shall not be exercised by
Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this
option if: (a) the request to assume is made after one year following recordation of the Deed of
Trust, (b) Borrower causes to be submitted to Lender information required by Lender to evaluate
the intended transferee as if a new loan were being made to the transferee; and (c) Lender
reasonably determines that Lender’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 or other
obligations related to the Note or other loan document is acceptable to Lender, (d) Assuming
party executes Assumption Agreement acceptable to Lender at its sole choice and discretion,
which Agreement may include an increase to Cap as set forth below and (e) payment of
Assumption Fee if requested by Lender.

To the extent permitted by Applicable Law, Lender may charge a reasonable