Preview
FILED: QUEENS COUNTY CLERK 06/03/2022 04:55 PM INDEX NO. 716943/2017
NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 06/03/2022
EXHIBIT A
FILED: QUEENS COUNTY CLERK 06/03/2022 04:55 PM INDEX NO. 716943/2017
NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 06/03/2022
MYEU
RECORDER, SALT LAKE COUNTY, UTAH
830 -SELECT PORTFDLIO SERVICING
PO BDX 65250
SLC UT 84165
1 2036387
LIMITED POWER OF ATTORNEY Book 10317 Pages 4349-4351
04/23/2015 04:27 PM 1 4 .OO
1. Wells Fargo Bank, National Association, not initsindividual or banking capacity, but solely
in itscapacity as trustee(the "Trustee") of those certaintrusts setforth on the attached Exhibit A
"Trust"
(each, a and collectively, the "Trusts") under the Pooling and Servicing Agreements
and/or Trust Agreements and any related governing transactional and servicingagreements
(collectively,the "Agreements") hereby constitutes and appoints:
SELECT PORTFOLIO SERVICING, INC.
solely in itscapacity as the Servicer under the Agreements, and assuccessor in interestto Bank of
America, National Association, successor by merger to BAC Home Loans Servicing, LP f/k/a
Countrywide Home Loans Servicing, LP, successor by assignment to Wilshire Credit
Corporation, as itstrueand lawful attorney-in-fact, acting by and through its authorized officers,
with fullauthority and power to execute and deliver on behalf of the Trustee any and all of the
. following instrumentseto-the-extenttõrtsistañt withtite and
tetrfis côtfditions of the Agreeft:ems:
(i)alldocuments with respect to residential mortgage loans serviced for the Trust by the
Servicer which are customarily and reasonably necessary and appropriate for the satisfaction,
cancellation, or partial or fullrelease of any mortgages, deeds of trust, or deeds to secure debt
upon payment and discharge of allsums secured thereby;
(ii)all documents and instruments necessary to conduct any (a) foreclosure, or (b) the
taking of any deed in lieu of foreclosure, or (c) any judicial or non-judicial foreclosure or
termination, cancellation, or rescission of any such foreclosure, or (d) any similar procedure
as applicable,
(collectively, a "Foreclosure");
(iii)all documents and instruments necessary in the appearance and prosecution of
bankruptcy proceedings;
(iv)instruments appointing one or more substitute trustees or special purpose entities
("SPEs") to actin place of the corresponding entity named in any deed oftrust;
(v) affidavits of debt,notice ofdefault, declaration of default, notices of foreclosure, and
allsuch contracts, agreements, deeds, and instruments as are appropriate to (a)maintain any real
property acquired through Foreclosure, or (b) effect any sale, transfer, or disposition of real
property acquired thrõugh Foreclosure;
(vi) all documents and instruments necessary to effectany assignment of mortgage or
assignment of deed õf trust;and
(vii)all other comparable instruments.
2. This Limited Power of Attorney shallapply only to the foregoing enumerated transactions and
shall be limited to theabove-mentioned exercise of power. This instrument is to be construed and
interpreted only as a limitedpower of attorney. The enumeration of specificitems, rights,acts, or
powers herein is not intended to, nor does itgive rise to,and itshould not be construed as, a
general power of attorney.
3. Third partieswithout actual notice may rely upon the power granted to said attorney-in-fact
under thisLimited Power of Attomey and may assume that,upon the exercise ofsuch power, all
conditions precedent to such exercise of power have been satisfied and thisLimited Power of
Attorney has not beeu revoked. This Limited Power of Attorney shallsupersede and replace any
other limited power of attorney executed by the Trustee in connection with the Agreements in
favor of the Servicer and any such other limited power of attorney shall be deemed revoked by
tiïismiting.
FILED: QUEENS COUNTY CLERK 06/03/2022 04:55 PM INDEX NO. 716943/2017
NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 06/03/2022
4. This Limited Power of Attorney iseffective as of the date below and shall remain infull force
and effect until (a) revoked in writing by the Trustee, or (b) the termination, resignation or
removal of the Trustee as trustee ofthe Trust, or (c) thetennination, resignation or removal of the
Servicer as a servicer of the Trust, or (d) the termination of the Agreement related to the Trust,
whichever occurs earlier.
5. Nothing contained in this Limited Power of Attorney shall (i)limit in any manner any
indemnification obligation provided by the Servicer to the Trustee or Trust under the Agreements
or any document related thereto, or (ii)be construed to grant the Servicer the power to initiateor
defend any suit,litigation,or proceeding inthe name of the Trustee or Trust except as specifically
provided for herein or under the Agreements.
Dated: April 22, 2015 Wells Fargo Bank, National
Association, not in itsindividual or
banking pa , b lelyas Trustee
on be f f e r s
Attest: /.
By: avid Dia
Its:Vice President
By: Humphries
It . AssistantSecretary
Unofficial Witnesses:
Brandt McCammon Daniel Williamson
STATE OF MARYLAND
COUNTY OF HOWARD ss:
22"d
On the day of April 2015 before me, Kathleen A. Dean, a Notary in and for said
State, personally appeared David Diaz, known to me tobe Vice President of Wells Fargo Bank,
National Association, and alsoknown to me to be theperson who executed this Limited Power of
Attorney on behalf of Wells Fargo Bank, N.A., not in itsindividual or banking capacity, but
solely as Trustee, and acknowledged tome that Wells Fargo Bank, N.A., not in itsindividual or
banking capacity, but solely as Trustee, executed this Limited Power of Attorney.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my officeseal the
day and year written above,
KATHLEEN A. DEAN
Notary Public Kathleen A. Dean
NOTARY PUBLIC
My comimssion expires 2-6-2017
MOWARD COUNTY
MAlWLAND
My Commission Expires 2-6-2017
FILED: QUEENS COUNTY CLERK 06/03/2022 04:55 PM INDEX NO. 716943/2017
NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 06/03/2022
Exhibit A
1. Morgan Stanley ABS Capital I Inc.Trust 2005-HE4
2. Morgan Stanley ABS Capital I Inc.Trust 2005-HE5
3. M.organ Stanley ABS Capital I Inc.Trust 2005-WMC2
4. Morgan Stanley ABS Capital I Lic.Trust 2005-WMC3
5. Morgan Stanley ABS Capital I Inc.Trust 2005-WMC4
6. Morgan Stanley ABS Capital I Inc.Trust 2005-WMCS
7. Morgan Stanley ABS Capital I Inc.Trust 2005-WMC6
8. Structured A sset Securities Corporation Mortgage Loan Trust 2007-MLN1
.
Preview
FILED: QUEENS COUNTY CLERK 06/03/2022 04:55 PM INDEX NO. 716943/2017 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 06/03/2022 EXHIBIT A FILED: QUEENS COUNTY CLERK 06/03/2022 04:55 PM INDEX NO. 716943/2017 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 06/03/2022 MYEU RECORDER, SALT LAKE COUNTY, UTAH 830 -SELECT PORTFDLIO SERVICING PO BDX 65250 SLC UT 84165 1 2036387 LIMITED POWER OF ATTORNEY Book 10317 Pages 4349-4351 04/23/2015 04:27 PM 1 4 .OO 1. Wells Fargo Bank, National Association, not initsindividual or banking capacity, but solely in itscapacity as trustee(the "Trustee") of those certaintrusts setforth on the attached Exhibit A "Trust" (each, a and collectively, the "Trusts") under the Pooling and Servicing Agreements and/or Trust Agreements and any related governing transactional and servicingagreements (collectively,the "Agreements") hereby constitutes and appoints: SELECT PORTFOLIO SERVICING, INC. solely in itscapacity as the Servicer under the Agreements, and assuccessor in interestto Bank of America, National Association, successor by merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, successor by assignment to Wilshire Credit Corporation, as itstrueand lawful attorney-in-fact, acting by and through its authorized officers, with fullauthority and power to execute and deliver on behalf of the Trustee any and all of the . following instrumentseto-the-extenttõrtsistañt withtite and tetrfis côtfditions of the Agreeft:ems: (i)alldocuments with respect to residential mortgage loans serviced for the Trust by the Servicer which are customarily and reasonably necessary and appropriate for the satisfaction, cancellation, or partial or fullrelease of any mortgages, deeds of trust, or deeds to secure debt upon payment and discharge of allsums secured thereby; (ii)all documents and instruments necessary to conduct any (a) foreclosure, or (b) the taking of any deed in lieu of foreclosure, or (c) any judicial or non-judicial foreclosure or termination, cancellation, or rescission of any such foreclosure, or (d) any similar procedure as applicable, (collectively, a "Foreclosure"); (iii)all documents and instruments necessary in the appearance and prosecution of bankruptcy proceedings; (iv)instruments appointing one or more substitute trustees or special purpose entities ("SPEs") to actin place of the corresponding entity named in any deed oftrust; (v) affidavits of debt,notice ofdefault, declaration of default, notices of foreclosure, and allsuch contracts, agreements, deeds, and instruments as are appropriate to (a)maintain any real property acquired through Foreclosure, or (b) effect any sale, transfer, or disposition of real property acquired thrõugh Foreclosure; (vi) all documents and instruments necessary to effectany assignment of mortgage or assignment of deed õf trust;and (vii)all other comparable instruments. 2. This Limited Power of Attorney shallapply only to the foregoing enumerated transactions and shall be limited to theabove-mentioned exercise of power. This instrument is to be construed and interpreted only as a limitedpower of attorney. The enumeration of specificitems, rights,acts, or powers herein is not intended to, nor does itgive rise to,and itshould not be construed as, a general power of attorney. 3. Third partieswithout actual notice may rely upon the power granted to said attorney-in-fact under thisLimited Power of Attomey and may assume that,upon the exercise ofsuch power, all conditions precedent to such exercise of power have been satisfied and thisLimited Power of Attorney has not beeu revoked. This Limited Power of Attorney shallsupersede and replace any other limited power of attorney executed by the Trustee in connection with the Agreements in favor of the Servicer and any such other limited power of attorney shall be deemed revoked by tiïismiting. FILED: QUEENS COUNTY CLERK 06/03/2022 04:55 PM INDEX NO. 716943/2017 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 06/03/2022 4. This Limited Power of Attorney iseffective as of the date below and shall remain infull force and effect until (a) revoked in writing by the Trustee, or (b) the termination, resignation or removal of the Trustee as trustee ofthe Trust, or (c) thetennination, resignation or removal of the Servicer as a servicer of the Trust, or (d) the termination of the Agreement related to the Trust, whichever occurs earlier. 5. Nothing contained in this Limited Power of Attorney shall (i)limit in any manner any indemnification obligation provided by the Servicer to the Trustee or Trust under the Agreements or any document related thereto, or (ii)be construed to grant the Servicer the power to initiateor defend any suit,litigation,or proceeding inthe name of the Trustee or Trust except as specifically provided for herein or under the Agreements. Dated: April 22, 2015 Wells Fargo Bank, National Association, not in itsindividual or banking pa , b lelyas Trustee on be f f e r s Attest: /. By: avid Dia Its:Vice President By: Humphries It . AssistantSecretary Unofficial Witnesses: Brandt McCammon Daniel Williamson STATE OF MARYLAND COUNTY OF HOWARD ss: 22"d On the day of April 2015 before me, Kathleen A. Dean, a Notary in and for said State, personally appeared David Diaz, known to me tobe Vice President of Wells Fargo Bank, National Association, and alsoknown to me to be theperson who executed this Limited Power of Attorney on behalf of Wells Fargo Bank, N.A., not in itsindividual or banking capacity, but solely as Trustee, and acknowledged tome that Wells Fargo Bank, N.A., not in itsindividual or banking capacity, but solely as Trustee, executed this Limited Power of Attorney. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my officeseal the day and year written above, KATHLEEN A. DEAN Notary Public Kathleen A. Dean NOTARY PUBLIC My comimssion expires 2-6-2017 MOWARD COUNTY MAlWLAND My Commission Expires 2-6-2017 FILED: QUEENS COUNTY CLERK 06/03/2022 04:55 PM INDEX NO. 716943/2017 NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 06/03/2022 Exhibit A 1. Morgan Stanley ABS Capital I Inc.Trust 2005-HE4 2. Morgan Stanley ABS Capital I Inc.Trust 2005-HE5 3. M.organ Stanley ABS Capital I Inc.Trust 2005-WMC2 4. Morgan Stanley ABS Capital I Lic.Trust 2005-WMC3 5. Morgan Stanley ABS Capital I Inc.Trust 2005-WMC4 6. Morgan Stanley ABS Capital I Inc.Trust 2005-WMCS 7. Morgan Stanley ABS Capital I Inc.Trust 2005-WMC6 8. Structured A sset Securities Corporation Mortgage Loan Trust 2007-MLN1 .