Preview
FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/24/2023
VERIFICATION
STATE OF UTAH )
) ss.:
COUNTY OF SALT LAKE )
pOUGLAS BOHNE , being duly sworn, deposes and says that:
I, am a Ononment Contrn! of Select Portfolio Servicing, Inc.,
OfficeW
the servicer in the within action. I have read the annexed Complaint. I know the contents
thereof and the same are true to my knowledge, except those matters therein which are stated
to be alleged on information and belief, and as to those matters, I believe them to be true.
OctPortfono servicinn In Rat
Attorney
Date : l
6
OC nb A F Or
DOU S BOHNE Docurnent Control Officer
State : Utah County : Salt Lake
Sworn to before me this day of O CE , 2023
PersonaHy Known
Document Control Officer
Notary Pubhe
Jose Bodanegra
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FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/24/2023
E 3223332 B 7441 P 2074-2077
RECORDING REQUESTED BY AND
0 ÚT RECORDER
WHEN RECORDED MAIL TO:
02/0T/2020 03:19 PM
Select Portfolio Servicing, Inc. FEE $40.00 Pss: 4
3217 S. Decker Lake Drive DEP RT REC'D FOR SELECT PORTFOLIO
Salt Lake UT 84119 SERUICING INC
City,
Attn: Legal Dept.
LIMITED POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that Wilmington Savings Fund Society, FSB,
pursuant to the Securitization Servicing Agreement, dated as of December 17, 2019 (the
"Agreement"), among Select Portfolio Servicing, Inc. ("SP_jS"), as servicer, CSMC 2019-RPL10
Trust, as Issuer (the "Issuer"), Citibank, N.A., as paying agent, and Wilmington Savings Fund
"
Society, FSB, as indenture trustee (the Adentme Tettsfêe"), hereby constitutes and appoints
SPS, by and through SPS's officers, Wilmington Savings Fund Society, FSB's, as Owner
Trustee of CSMC 2019-RPL10 Trust (in such capacity, the "Owner Trustee") true and lawful
Attorney-in-Fact, in the Owner Trustee's name, place and stead and for the Owner Trustee's
benefit, in connection with all mortgage loans and REO properties subject to the terms of the
Agreement for the purpose of performing all acts and executing all documents in the name of the
Owner Trustee as may be customarily and reasonably necessary and appropriate to effectuate
the following enumerated transactions in respect of any of the mortgages or deeds of trust (the
"Mortgages" Trust"
and the "Deeds of respectively) and promissory notes secured thereby (the
"Mortgage Notes") for which the undersigned is the Owner Trustee (whether the undersigned
is named therein as mortgagee or beneficiary or has become mortgagee by virtue of endorsement
of the Mortgage Note secured by any such Mortgage or Deed of Trust) and for which the
Servicer is performing sub-servicing activities all subject to the terms of the Agreement.
This appointment shall apply to the following enumerated transactions only:
la The modification or re-recording of a Mortgage or Deed of Trust, where said
modification or re-recording is for the purpose of correctirig the Mortgage or Deed of
Trust to conform same to the original intent of the parties thereto or to correct title errors
discovered after such title insurance was issued and said modification or rerecording, in
either instance, does not adversely affect the lien of the Mortgage or Deed of Trust as
insured.
2 The subordination of the lien of a Mortgage or Deed of Trust to an easement in favor of a
public utility company of a United States governmental agency or unit with powers of
eminent domain; this section shall include, without limitation, the execution of partial
satisfactions/releases, partial reconveyances or the execution or requests to trustees to
accomplish same.
34 The conveyance of the properties to the mortgage insurer, or the closing of the title to the
property to be acquired as real estate owned, or conveyance of title to real estate owned.
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FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/24/2023
4. The completion of loan assumption agreements.
5. The full satisfaction/release of a Mortgage or Deed of Trust or full conveyance upon
payment and discharge of all sums secured thereby, including, without limitation,
cancellation of the related Mortgage Note.
6.. The assignment of any Mortgage or Deed of Trust and the related Mortgage Note, in
connection with the repurchase of the mortgage loan secured and evidenced thereby.
7 The full assignment of a Mortgage or Deed of Trust upon payment and discharge of all
sums secured thereby in conjunction with the refinancing thereof, including, without
liniitation, the assignment of the related Mortgage Note.
8 With respect to a Mortgage or Deed of Trust, the foreclosure, the taking of a deed in lieu
of foreclosure, or the completion of judicial or non-judicial foreclosure or termination,
cancellation or rescission of any such foreclosure, including, without limitation, any and
all of the following acts:
a. the substitution of trustee(s) serving under a Deed of Trust, in accordance with
state law and the Deed of Trust;
b. the preparation and issuance of statements of breach or non-performance;
c. the preparation and fding of notices of default and/or notices of sale
d. the cancellation/rescission of notices of default and/or notices of sale;
e. the taking of a deed in lieu of foreclosure; and
f. the preparation and execution of such other documents and performance such
other actions as may be necessary under the terms of the Mortgage, Deed of Trust
or state law to expeditiously complete said transactions in paragraphs 8(a) through
8(e), above.
The execution and delivery of this Limited Power of Attorney by Owner Trustee shall
not be (or be deemed) a waiver or discharge of any representation, warranty, covenant or
agreement of the Owner Trustee or SPS in or under the Agreement (other than a discharge of
the obligations of the Owner Trustee under the Agreement to execute and deliver this Limited
Power of Attomey), and such execution and delivery shall not be (or be deemed) a modification
or amendment of any provision of the Agreement in any respect.
This Limited Power of Attorney may be amended, modified, supplemented or restated
only by a written instrument executed by the Owner Trustee and SPS. The terms of this Limited
Power of Attorney may be waived only by a written instrument executed by the party waiving
compliance.
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FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/24/2023
This Limited Power of Attorney shall inure to the benefit of, and be binding upon, the
Owner Trustee and SPS and their respective successors and assigns; ptwided, how nr. that SPS
shall not assign any of the rights under this Limited Power of Attorney (except merger
by
or other operation of law) without the prior written consent of the Owner Trustee, and any
such purported assignment without such consent shall be void and of no effect.
This Limited Power of Attorney shall be governed by and construed and enforced in
accordance with the laws of the State of New York, without regard to any conflicts of law rules
that might apply the Laws of any other jurisdiction.
The undersigned gives said Attorney-in-Fact full power and authority to execute such
instruments and to do and perform all and every act and thing necessary and proper to carry into
effect the power or powers granted by or under this Limited Power of Attorney, each subject to
the terms and conditions set forth in the Agreement and in accordarice with the standard of care
set forth in the Agreement as fully as the undersigned might or could do, and hereby does ratify
and confirm to all that said Attorney-in-Fact shall lawfully do or cause to be done by authority
hereof. This Limited Power of Attorriey shall be effective as of December 17, 2019.
Third parties without actual notice m.ay rely upon the exercise of the power granted under
this Limited Power of Attorney; and may be satisfied that this Limited Power of Attorney shall
continue in full force and effect and has not been revoked unless an instrument of revocation has
been made in writing by the undersigned.
Nothing contained herein shall (i) limit in any manner any indemnification provided by
SPS to the Owner Trustee under the Agreement, or (ii) be construed to grant SPS the power to
. initiate or defend litigation or in the name of Wilmington Savings Fund
any suit, proceeding
Society, FSB, in its individual capacity, If SPS receives any notice of suit, litigation or proceeding
in the name of Wilmington Savings Fund Society, FSB, in its individual capacity, then SPS shall
promptly forward a copy of same to such party.
Section 8.14 of the Agreement regarding the limitation of liability of Wilmington Savings
Fund Society, FSB, is hereby incorporated herein by reference.
Notwithstanding anything herein to the contrary, this Power of Attorney does not, and is not
intended to, and will not be construed to, grant any authority to SPS to (i) expand, increase, incur,
or otherwise impose any duties, liabilities or obligations of or on Wilmington Savings Fund Society,
FSB, as Owner Trustee or in its individual capacity, or (ii) provi e any guaranty, indemnity or
property (except for the Trust Estate) of Wilmington Savings Fund Society, FSB, as Owner Trustee
or in its individual capacity, for any reason whatsoever.
This Limited Power of Attorney is not intended to extend the powers granted to SPS
under Agreement or to allow SPS to take any action with respect to security instruments or
promissory notes (or other evidence of indebtedness) not authorized by the Indenture or the
Agreement.
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FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/24/2023
IN WITNESS WHEREOF, Wilmington Savings Fund Society, FSB, as Owner Trustee of CSMC
2019-RPL10 Trust has caused its corporate seal to be hereto affixed and these presents to be signed
and acknowledged in its name and behalf 24th
by a duly elected and authorized signatory this day
of January, 2020.
Wilmington Savings Fund Society, FSB, not in its
individual capacity but solely as Owner Trustee of
CSMC 2019-RPL10 Trust
By:
Name: Mary Emily Pagano
Title: Trust Officer
Witn ss
Printed Name: Dana Hinton Printed Name: Karen Huffman
STATE OF. DELAWARE
COUNTY OF.NEW CASTLE . ... .. .
On January 2, 2020, before me, the undersigned, a Notary Public in and for said
State, personally appeared MARY EMILY PAGANO of WILMINGTON SAVINGS FUND
SOCIETY, FSB as the Owner Trustee, personally known to me to be the person whose name is
subscribed to the within instrument and acknowledge to me that he/she executed that same in his/her
authorized capacity, and that by his/her signature on the instrument the entity upon behalf of which
the person acted and executed the instrument.
WITNESS my hand and official seal.
[NOTARIAL SEAL]
N q PubHef Jessica Marie Onley a Pub
. y Commission Expires: November 27, 2022 state of De aware
My CommissionExpireson Nov 27, 2022 .
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Preview
FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/24/2023 VERIFICATION STATE OF UTAH ) ) ss.: COUNTY OF SALT LAKE ) pOUGLAS BOHNE , being duly sworn, deposes and says that: I, am a Ononment Contrn! of Select Portfolio Servicing, Inc., OfficeW the servicer in the within action. I have read the annexed Complaint. I know the contents thereof and the same are true to my knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters, I believe them to be true. OctPortfono servicinn In Rat Attorney Date : l 6 OC nb A F Or DOU S BOHNE Docurnent Control Officer State : Utah County : Salt Lake Sworn to before me this day of O CE , 2023 PersonaHy Known Document Control Officer Notary Pubhe Jose Bodanegra 1 of 5 FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/24/2023 E 3223332 B 7441 P 2074-2077 RECORDING REQUESTED BY AND 0 ÚT RECORDER WHEN RECORDED MAIL TO: 02/0T/2020 03:19 PM Select Portfolio Servicing, Inc. FEE $40.00 Pss: 4 3217 S. Decker Lake Drive DEP RT REC'D FOR SELECT PORTFOLIO Salt Lake UT 84119 SERUICING INC City, Attn: Legal Dept. LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Wilmington Savings Fund Society, FSB, pursuant to the Securitization Servicing Agreement, dated as of December 17, 2019 (the "Agreement"), among Select Portfolio Servicing, Inc. ("SP_jS"), as servicer, CSMC 2019-RPL10 Trust, as Issuer (the "Issuer"), Citibank, N.A., as paying agent, and Wilmington Savings Fund " Society, FSB, as indenture trustee (the Adentme Tettsfêe"), hereby constitutes and appoints SPS, by and through SPS's officers, Wilmington Savings Fund Society, FSB's, as Owner Trustee of CSMC 2019-RPL10 Trust (in such capacity, the "Owner Trustee") true and lawful Attorney-in-Fact, in the Owner Trustee's name, place and stead and for the Owner Trustee's benefit, in connection with all mortgage loans and REO properties subject to the terms of the Agreement for the purpose of performing all acts and executing all documents in the name of the Owner Trustee as may be customarily and reasonably necessary and appropriate to effectuate the following enumerated transactions in respect of any of the mortgages or deeds of trust (the "Mortgages" Trust" and the "Deeds of respectively) and promissory notes secured thereby (the "Mortgage Notes") for which the undersigned is the Owner Trustee (whether the undersigned is named therein as mortgagee or beneficiary or has become mortgagee by virtue of endorsement of the Mortgage Note secured by any such Mortgage or Deed of Trust) and for which the Servicer is performing sub-servicing activities all subject to the terms of the Agreement. This appointment shall apply to the following enumerated transactions only: la The modification or re-recording of a Mortgage or Deed of Trust, where said modification or re-recording is for the purpose of correctirig the Mortgage or Deed of Trust to conform same to the original intent of the parties thereto or to correct title errors discovered after such title insurance was issued and said modification or rerecording, in either instance, does not adversely affect the lien of the Mortgage or Deed of Trust as insured. 2 The subordination of the lien of a Mortgage or Deed of Trust to an easement in favor of a public utility company of a United States governmental agency or unit with powers of eminent domain; this section shall include, without limitation, the execution of partial satisfactions/releases, partial reconveyances or the execution or requests to trustees to accomplish same. 34 The conveyance of the properties to the mortgage insurer, or the closing of the title to the property to be acquired as real estate owned, or conveyance of title to real estate owned. Page 1 of 4 2 of 5 FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/24/2023 4. The completion of loan assumption agreements. 5. The full satisfaction/release of a Mortgage or Deed of Trust or full conveyance upon payment and discharge of all sums secured thereby, including, without limitation, cancellation of the related Mortgage Note. 6.. The assignment of any Mortgage or Deed of Trust and the related Mortgage Note, in connection with the repurchase of the mortgage loan secured and evidenced thereby. 7 The full assignment of a Mortgage or Deed of Trust upon payment and discharge of all sums secured thereby in conjunction with the refinancing thereof, including, without liniitation, the assignment of the related Mortgage Note. 8 With respect to a Mortgage or Deed of Trust, the foreclosure, the taking of a deed in lieu of foreclosure, or the completion of judicial or non-judicial foreclosure or termination, cancellation or rescission of any such foreclosure, including, without limitation, any and all of the following acts: a. the substitution of trustee(s) serving under a Deed of Trust, in accordance with state law and the Deed of Trust; b. the preparation and issuance of statements of breach or non-performance; c. the preparation and fding of notices of default and/or notices of sale d. the cancellation/rescission of notices of default and/or notices of sale; e. the taking of a deed in lieu of foreclosure; and f. the preparation and execution of such other documents and performance such other actions as may be necessary under the terms of the Mortgage, Deed of Trust or state law to expeditiously complete said transactions in paragraphs 8(a) through 8(e), above. The execution and delivery of this Limited Power of Attorney by Owner Trustee shall not be (or be deemed) a waiver or discharge of any representation, warranty, covenant or agreement of the Owner Trustee or SPS in or under the Agreement (other than a discharge of the obligations of the Owner Trustee under the Agreement to execute and deliver this Limited Power of Attomey), and such execution and delivery shall not be (or be deemed) a modification or amendment of any provision of the Agreement in any respect. This Limited Power of Attorney may be amended, modified, supplemented or restated only by a written instrument executed by the Owner Trustee and SPS. The terms of this Limited Power of Attorney may be waived only by a written instrument executed by the party waiving compliance. Page 2 of 4 3 of 5 FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/24/2023 This Limited Power of Attorney shall inure to the benefit of, and be binding upon, the Owner Trustee and SPS and their respective successors and assigns; ptwided, how nr. that SPS shall not assign any of the rights under this Limited Power of Attorney (except merger by or other operation of law) without the prior written consent of the Owner Trustee, and any such purported assignment without such consent shall be void and of no effect. This Limited Power of Attorney shall be governed by and construed and enforced in accordance with the laws of the State of New York, without regard to any conflicts of law rules that might apply the Laws of any other jurisdiction. The undersigned gives said Attorney-in-Fact full power and authority to execute such instruments and to do and perform all and every act and thing necessary and proper to carry into effect the power or powers granted by or under this Limited Power of Attorney, each subject to the terms and conditions set forth in the Agreement and in accordarice with the standard of care set forth in the Agreement as fully as the undersigned might or could do, and hereby does ratify and confirm to all that said Attorney-in-Fact shall lawfully do or cause to be done by authority hereof. This Limited Power of Attorriey shall be effective as of December 17, 2019. Third parties without actual notice m.ay rely upon the exercise of the power granted under this Limited Power of Attorney; and may be satisfied that this Limited Power of Attorney shall continue in full force and effect and has not been revoked unless an instrument of revocation has been made in writing by the undersigned. Nothing contained herein shall (i) limit in any manner any indemnification provided by SPS to the Owner Trustee under the Agreement, or (ii) be construed to grant SPS the power to . initiate or defend litigation or in the name of Wilmington Savings Fund any suit, proceeding Society, FSB, in its individual capacity, If SPS receives any notice of suit, litigation or proceeding in the name of Wilmington Savings Fund Society, FSB, in its individual capacity, then SPS shall promptly forward a copy of same to such party. Section 8.14 of the Agreement regarding the limitation of liability of Wilmington Savings Fund Society, FSB, is hereby incorporated herein by reference. Notwithstanding anything herein to the contrary, this Power of Attorney does not, and is not intended to, and will not be construed to, grant any authority to SPS to (i) expand, increase, incur, or otherwise impose any duties, liabilities or obligations of or on Wilmington Savings Fund Society, FSB, as Owner Trustee or in its individual capacity, or (ii) provi e any guaranty, indemnity or property (except for the Trust Estate) of Wilmington Savings Fund Society, FSB, as Owner Trustee or in its individual capacity, for any reason whatsoever. This Limited Power of Attorney is not intended to extend the powers granted to SPS under Agreement or to allow SPS to take any action with respect to security instruments or promissory notes (or other evidence of indebtedness) not authorized by the Indenture or the Agreement. Page 3 of 4 4 of 5 FILED: OSWEGO COUNTY CLERK 10/24/2023 11:54 AM INDEX NO. EFC-2023-1494 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 10/24/2023 IN WITNESS WHEREOF, Wilmington Savings Fund Society, FSB, as Owner Trustee of CSMC 2019-RPL10 Trust has caused its corporate seal to be hereto affixed and these presents to be signed and acknowledged in its name and behalf 24th by a duly elected and authorized signatory this day of January, 2020. Wilmington Savings Fund Society, FSB, not in its individual capacity but solely as Owner Trustee of CSMC 2019-RPL10 Trust By: Name: Mary Emily Pagano Title: Trust Officer Witn ss Printed Name: Dana Hinton Printed Name: Karen Huffman STATE OF. DELAWARE COUNTY OF.NEW CASTLE . ... .. . On January 2, 2020, before me, the undersigned, a Notary Public in and for said State, personally appeared MARY EMILY PAGANO of WILMINGTON SAVINGS FUND SOCIETY, FSB as the Owner Trustee, personally known to me to be the person whose name is subscribed to the within instrument and acknowledge to me that he/she executed that same in his/her authorized capacity, and that by his/her signature on the instrument the entity upon behalf of which the person acted and executed the instrument. WITNESS my hand and official seal. [NOTARIAL SEAL] N q PubHef Jessica Marie Onley a Pub . y Commission Expires: November 27, 2022 state of De aware My CommissionExpireson Nov 27, 2022 . Page 4 of 4 5 of 5