Case 10-00101 Doc 6 Filed 03/23/10 Page 1 of 20 UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MARYLAND AT GREENBELT In re: : Placido Salazar & Maria N. Salazar : Debtors : _______________________________________ Placido Salazar & Maria N. Salazar Plaintiffs Case No. 10-10165-TJC Chapter 13 : : vs. : First Residential Mortgage Services Corp.; Wells Fargo Bank, National Association, as Trustee for Certificate holders of Bear Stearns Asset Backed Securities I LLC, Asset Backed Certificates, Series 2007-AC2; and EMC Mortgage Corporation : Adv. Proc. No. 10-00101-TJC : : : Defendants : _______________________________________ FIRST AMENDED COMPLAINT I. PRELIMINARY STATEMENT 1. This Complaint is filed under the Truth in Lending Act, 15 U.S.C. § 1601 (hereinafter called “TILA”), to enforce the Plaintiffs’ right to rescind a consumer credit transaction, to void the Defendants’ security interest in the Plaintiffs’ home, and to recover statutory damages, reasonable attorney’s fees and costs by reason of the Defendant’s violations of TILA and Regulation Z, 12 C.F.R. § 226 (hereinafter called “Regulation Z”). This action is also filed for actual and statutory damages from Defendant EMC pursuant to 12 U.S.C. §§ Case 10-00101 Doc 6 Filed 03/23/10 Page 2 of 20 2605(e)(1)(A) and 2605(e)(1)(B)(2) and §§ 3500.21(e)(1) and 3500.21(e)(3) of Regulation X. This action also is filed for damages against First Residential for its unfair and deceptive conduct in violation of the Maryland Consumer Protection Act (“MCPA”), section 13-101 et seq., Maryland Commercial Law Article. This action also is filed against all defendants to recover damages resulting from defendants’ fraud, misrepresentation, and civil conspiracy. II. JURISDICTION 2. On January 5, 2010, Plaintiffs filed a voluntary petition under chapter 13 of the Bankruptcy Code (Title 11, United States Code). Therefore, the Court has jurisdiction over this proceeding pursuant to 28 U.S.C. §§ 1334 and 157, as amended, and the Order of Reference made by the district court for this district (which Order was entered in accordance with the Bankruptcy Amendments and Federal Judgeship Act of 1984). Jurisdiction is further conferred on the Court by 15 U.S.C. § 1640(e) and 28 U.S.C. §§ 1331, 1337. The Court has authority to issue a declaratory judgment by virtue of 28 U.S.C. § 2201. The Court has both personal and subject matter jurisdiction to hear this case pursuant to 28 U.S.C. Sections 1334 and 157(b)(2). The Court has jurisdiction to hear the claims for relief under the Real Estate Settlement Procedures Act pursuant to 12 U.S.C. § 2614. The Court has supplemental jurisdiction to hear all state law claims pursuant to 28 U.S.C. Section 1367. 3. This matter is a core proceeding and therefore the Bankruptcy Court has jurisdiction to enter a final order. However, in the event this case is determined to be a non-core proceeding then and in that event the Plaintiffs consent to the entry of a final order by the Bankruptcy Judge. 2 Case 10-00101 Doc 6 Filed 03/23/10 Page 3 of 20 III. PARTIES 4. The Plaintiffs are the Debtors, Placido Salazar (“Placido”) and Maria N. Salazar (“Maria”) (individually or collectively, “Plaintiffs”). The Plaintiffs own and reside at the real property known as 604 Eldrid Drive, Silver Spring, Maryland (the “Property). 5. Defendant First Residential Mortgage Services Corporation (hereinafter “First Residential”) is a New Jersey corporation engaged in the business of mortgage banking and loan correspondence with a principal place of business located at 570 Sylvan Ave., Englewood Cliffs, NJ 07632-3101. First Residential’s Maryland Resident Agent is HSC Agent Services, Inc., 245 West Chase Street, Baltimore, MD 21201. First Residential is identified as the originating lender on Plaintiffs’ Deed of Trust encumbering the Property that was recorded January 2, 2007, at Liber 83566, folio 646, among the Land Records of Montgomery County, Maryland (the “Deed of Trust”). 6. Defendant assignee Wells Fargo Bank, National Association, as Trustee for Certificate holders of Bear Stearns Asset Backed Securities I LLC, Asset Backed Certificates, Series 2007-AC2 (hereinafter “Wells Fargo” or the “Trust”), is identified in that certain Deed of Appointment of Substitute Trustee, recorded on the Property October 28, 2009, at Liber 38259, folio 326, among the Land Records of Montgomery County, Maryland, as the owner and holder of the Note secured by the Deed of Trust. 7. Defendant EMC Mortgage Corporation (hereinafter “EMC”) is a Delaware corporation engaged in the business of mortgage lending, securitization, and servicing, with a principal place of business located at 2780 Lake Vista Drive, Lewisville, TX 75067-3884. EMC’s Maryland Resident Agent is the Corporation Trust Incorporated, 351 West Camden 3 Case 10-00101 Doc 6 Filed 03/23/10 Page 4 of 20 Street, Baltimore, MD 21201. EMC is identified as the Seller, Master Servicer, and the Company in the Pooling and Servicing Agreement1 (PSA) which governs the subject Trust, dated as of February 1, 2007 and filed with the Securities and Exchange Commission (SEC). 8. At all times relevant hereto, First Residential, in the ordinary course of its business, regularly extended or offered to extend consumer credit for which a finance charge is or may be imposed or which, by written agreement, is payable in more than four installments. IV. FACTS 9. On or about November 20, 2006, Plaintiffs entered into a consumer credit transaction (hereinafter the “transaction”) with First Residential in which the extended consumer credit was subject to a finance charge and which was initially payable to First Residential. 10. Attached as PLAINTIFFS’ EXHIBIT A is a true and accurate copy of the credit agreement evidencing the transaction (the “Note”). 11. As part of this consumer credit transaction, First Residential retained a security interest in the Property. 12. The security interest was not created to finance the acquisition or initial construction of Plaintiffs’ home. 13. Attached as PLAINTIFFS’ EXHIBIT B is a true and accurate copy of the mortgage evidencing First Residential’s security interest (the “Deed of Trust”). 14. The settlement agent for the transaction was Excellente Settlements, Inc. (“Excellente”). Attached as PLAINTIFFS’ EXHIBIT C is a true and accurate copy of the HUD-1 1 A true and correct copy of the PSA can be found on the SEC’s web site at: http://www.sec.gov/Archives/edgar/data/1388968/000088237707000985/d642573_ex4-1.htm 4 Case 10-00101 Doc 6 Filed 03/23/10 Page 5 of 20 Settlement Statement (“HUD-1") prepared by Excellente and delivered to Plaintiffs on November 20, 2006 when the transaction closed. Excellente’s representative stated at the outset of the closing that he was running late and pressed for time, and rushed Plaintiffs through the process of signing the settlement papers. 15. Attached as PLAINTIFFS’ EXHIBIT D is a true and accurate copy of Excellente’s Deposit/Check Disbursement Statement for the transaction (“Disbursements”). 16. The HUD-1 inaccurately states that closing took place at Excellente’s office at 401 N. Washington Street, Suite 950, Rockville MD 20850. Closing actually took place after 5:00 p.m. at the office of First Residential’s loan officer, Victoria Zambrano (“VZ”), located at 8757 Georgia Avenue, Suite 1320, Silver Spring, Maryland (the “Closing”). 17. Plaintiffs were introduced to VZ by the real estate agent that helped them buy the Property in October 2005, and VZ recommended Excellente’s closing services to Plaintiffs. 18. Plaintiffs do not speak or read English. VZ served as Plaintiffs’ interpreter throughout the transaction. Plaintiffs communicated with First Residential only through VZ. 19. Placido emigrated to the United States from Bolivia and is a permanent resident alien of the United States. Placido works as a debris truck driver for E&J Services Inc. of Laurel, Maryland, a roofing contractor, since at least 2005. Maria works as a cook and housekeeper for St. Patrick Church in Rockville, Maryland, where she has been employed for the past four years. Plaintiffs are not well educated and are unsophisticated in business and financial matters. 20. All of the transaction documents signed by Plaintiffs at closing are in English. The subject loan is in Placido’s name only, but the Deed of Trust was signed by both Plaintiffs since the Property is owned by Plaintiffs as husband and wife, tenants by the entirety. 5 Case 10-00101 21. Doc 6 Filed 03/23/10 Page 6 of 20 The subject loan, which was originated to be securitized, is known as a “stated income, stated asset” (“SISA”) loan, and was underwritten based on Placido’s credit score, the loan to value ratio, and the belief that residential real estate in this country can only go up in value. 22. VZ never asked Placido how much income he received. She only asked Placido for his social security number and his authorization to check his credit report, and she told Placido that was the only information she needed to qualify him for a loan. 23. VZ prepared the Uniform Residential Loan Application (“Application”) that Placido signed at closing, a true and correct copy of which is attached as PLAINTIFFS’ EXHIBIT E. 24. The Application lists Placido’s gross monthly income as $9,500 from fence construction self employment, and Maria’s income as zero. VZ supplied the income information on the Application, which she got by searching www.salary.com for the average income of a person engaged in fence construction, rather than reporting Plaintiffs’ actual income. VZ did not tell Plaintiffs that she falsified their income and occupation on the Application. Placido Salazar did not know when he signed the Application that it incorrectly stated his income and his occupation. 25. VZ was acting within the scope of her employment, and in the manner she had been taught at First Residential, when she stated Plaintiffs’ income on the Application. 26. First Residential never asked Placido for his tax returns, pay stubs, or any other evidence of his actual income. 6 Case 10-00101 27. Doc 6 Filed 03/23/10 Page 7 of 20 The transaction resulted in little or no benefit to Plaintiffs, but cost them $7,443 in closing charges (in the form of equity skimming) that would not have been incurred had the transaction not been consummated, and decreased their debt service by only $61 per month. The interest rate on the first trust that was refinanced was a five-year ARM at a starting rate of 7.375%, a minimum rate of 2.375% and a maximum rate of 12.375% based on 6-month LIBOR index plus 2.25%, with the first change date on November 1, 2010. Had Plaintiffs not refinanced, their interest expense likely would drop significantly in November since LIBOR is currently at 0.39%. 28. First Residential assigned the obligation in question to Wells Fargo. V. FIRST CAUSE OF ACTION VIOLATION OF TRUTH IN LENDING ACT (as to Defendants First Residential and Wells Fargo) 29. Plaintiffs repeat and re-allege each and every preceding paragraph as if fully set forth herein. 30. First Residential is a creditor within the meaning of § 1602(f) of the Truth in Lending Act (15 U.S.C. §§ 1601 et seq., hereinafter “TILA” or the “Act”) and Regulation Z, 12 C. F.R. § 226.2(a)(17), and as such was required to provide notices of the right to rescind the transaction and to deliver material disclosures including, but not limited to, the amount financed, finance charge and annual percentage rate to Plaintiffs consistent with the Truth In Lending Act. 31. Plaintiffs are consumers within the meaning of § 1602(h) of the Act and Regulation Z, § 226.2(a)(11). 7 Case 10-00101 32. Doc 6 Filed 03/23/10 Page 8 of 20 This consumer credit transaction was subject to the PLAINTIFFS’ right of rescission as described by 15 U.S.C. § 1635 and Regulation Z § 226.23 (12 C. F.R. § 226.23). 33. In the course of this consumer credit transaction, First Residential violated 15 U.S.C. § 1635(a) and Regulation Z § 226.23(b) by failing to deliver to the Plaintiff two copies of a notice of the right to rescind that clearly and conspicuously disclosed the date the rescission period expired. Instead, the notice incorrectly states the transaction date as October 26, 2006, rather than the actual transaction date of November 20, 2006. 34. Attached as PLAINTIFFS’ EXHIBIT F is a true and accurate copy of the Notice of Right to Cancel the transaction delivered at Closing to Plaintiffs. 35. The disclosure statement issued in conjunction with this consumer credit transaction, and attached as PLAINTIFFS’ EXHIBIT G, violated the requirements of TILA and Regulation Z in the following and other respects: a. By failing to include in the finance charge certain charges imposed by First Residential and payable by Plaintiffs incident to the extension of credit as required by 15 U.S.C. § 1605 and Regulation Z, § 226.4, thus improperly under-disclosing the finance charge in violation of 15 U.S.C. § 1638(a)(3) and Regulation Z, § 226.18(d). Such amounts include, but are not limited to the following charges that are not “bona fide and reasonable,” and therefore not properly excluded finance charges: HUD-1 LINE AMOUNT CHARGED DESCRIPTION BONA FIDE NOT BONA FIDE 303 $ 9,015.33 Cash out $ 8,905.50 $109.83 1102 $ 195.00 Abstract $ 179.00 $16.00 1108 $ 1,002.00 Title Insurance $ 532.50 $469.50 8 Case 10-00101 1201 $ 60.00 i. Doc 6 Filed 03/23/10 Releases $ Page 9 of 20 0.00 $60.00 Actual Disbursements. Excellente’s Disbursements (Pls’ Ex. D) prove that the actual amount disbursed to Placido Salazar from the transaction loan proceeds was $8,905.50, or $109.83 less than stated on the HUD-1 (Pls’ Ex. C), which difference consists of an extra day of interest in the amount of $76.30 (Line 901) and $33.53 in hidden bogus charges. Attached as PLAINTIFFS’ EXHIBIT H is a true and correct copy of Excellente’s unsigned HUD-1 printed 11/22/2006 showing the $76.30 in additional interest charged Placido Salazar, and First Residential’s unsigned revised notice of right to cancel containing the correct transaction date, neither of which was ever presented to Plaintiffs. Excellente’s Disbursements also prove that the $60 charged for government release recording charges (Line 1201) is bogus, and that the actual amount paid for the title abstract (Line 1102) was $179 rather than the $195 stated on the HUD-1. Plaintiffs were not aware of these bogus charges, nor would a reasonable person have been, until sometime after January 29, 2010, when Excelente produced its transaction file. ii. Title Insurance. Nearly half ($469.50) of the title insurance charges (Line 1108) in this transaction are bogus. Plaintiffs were charged $1,002 for the most expensive lender’s title insurance policy possible (the Eagle policy at the original rate), rather than $532.50 for the least expensive lender’s title insurance policy possible (standard policy with re-issue rate), in violation of Maryland Insurance Administration’s Best Price Rule, which states that An individual insurer or insurance group consisting of multiple insurers must always place a consumer in the most favorably priced (least expensive) insurer / tier for which the consumer qualifies. 9 Case 10-00101 Doc 6 Filed 03/23/10 Page 10 of 20 Attached as PLAINTIFFS’ EXHIBIT I is a true and accurate copy of Maryland Insurance Administration’s Best Price Rule. Attached as PLAINTIFFS’ EXHIBIT J is a true and accurate copy of First American Title Insurance Company’s Title Insurance Rates for the State of Maryland applicable on November 20, 2006, the date of the subject transaction. (a). Standard vs. Enhanced Coverage Rate. First Residential’s closing instructions required only the less expensive ALTA Title policy, not an expanded or enhanced policy such as the Eagle policy. Attached as PLAINTIFFS’ EXHIBIT K is a true and accurate copy of First Residential’s closing instructions for the transaction. (b). Original vs. Re-Issue Rate. Plaintiffs purchased an original owners’ title insurance policy, insuring their interest in the Property in the amount of $410,000, when they bought the Property on October 17, 2005, thereby qualifying for First American’s title insurance re-issue rates in the subject transaction. Attached as PLAINTIFFS’ EXHIBIT L is Plaintiffs’ Land America Commonwealth’s Owner’s Residential Advantage Policy A79-Z005712 dated October 17, 2005. Excellente knew Plaintiffs were qualified for First American’s lender’s title insurance re-issue rate since Plaintiffs were refinancing two conventional Fannie Mae/Freddie Mac uniform purchase-money deeds of trust on the property dated October 17, 2005, each of which contains the notation at the top of the recorded deed of trust that title was insured by Commonwealth Land Title Ins. Co. Plaintiffs also obviously qualified for First American’s lender’s title insurance re-issue rates since Plaintiffs’ recorded deed to the property states that title was insured by Commonwealth Land Title Ins. Co. Attached as PLAINTIFFS’ EXHIBIT M is a true and accurate copy of the Plaintiffs’ recorded deed, Excellente’s land records search results dated 11/06/2006, and the first page and Schedule A of Plaintiffs’ two 10 Case 10-00101 Doc 6 Filed 03/23/10 Page 11 of 20 prior recorded deeds of trust on the property that were refinanced in the subject transaction, all produced by Excellente as part of its closing file for the transaction. Plaintiffs were not aware, nor would a reasonable person have been aware, of these bogus title insurance charges until sometime after July 9, 2009, when they engaged the services of attorney Robert J. Haeger. b. By improperly including certain charges, in the amount financed, which are finance charges, including but not limited to those itemized in Paragraph 35(a) herein, First Residential improperly disclosed the amount financed in violation of 15 U.S.C. § 1638(a)(2) and Regulation Z, § 226.18(b); and c. By calculating the annual percentage rate (APR) based upon improperly calculated and disclosed finance charges and amount financed, 15 U.S.C. § 1606, Regulation Z, § 226.22, First Residential understated the disclosed annual percentage rate in violation of 15 U.S.C. § 1638(a)(4) and Regulation Z, § 226.18(c). 36. The disclosures improperly made by First Residential, as itemized in paragraph 35, are material disclosures as defined in the Truth in Lending Act, 15 U.S.C. § 1602(u), Regulation Z, § 226.23 n. 48. 37. The finance charge and APR were under-disclosed by more than $35, the tolerance levels set forth in 15 U.S.C. §§ 1605(f) and 1635(i). 38. By reason of those material violations of 15 U.S.C. § 1638, Plaintiffs have a right of rescission for three years from the date of consummation of the loan pursuant to 15 U.S.C. § 1635(f). 11 Case 10-00101 39. Doc 6 Filed 03/23/10 Page 12 of 20 On November 19, 2009, Plaintiffs rescinded the transaction by sending a notice of rescission to Defendants, by fax where indicated, and by regular U.S. Mail, or certified U.S. Mail as indicated, return receipt requested, postage prepaid, as follows: Certified - Return Receipt Requested William F. Aldinger III, President Wells Fargo Bank, National Association, as Trustee for Certificate holders of Bear Stearns Asset Backed Securities I LLC, Asset Backed Certificates, Series 2007-AC2 299 South Main Street Salt Lake City, UT 84111-1901 William F. Aldinger III, President Wells Fargo Bank, National Association, as Trustee for Certificate holders of Bear Stearns Asset Backed Securities I LLC, Asset Backed Certificates, Series 2007-AC2 Attn: BK Department, 1 Home Campus P.O. Box 10335 Des Moines, IA 50328 Wells Fargo Bank, National Association c/o EMC Mortgage Corporation, Agent 909 Hidden Ridge #200 Irving, TX 75038 Wells Fargo Bank, National Association, as Trustee for Certificate holders of Bear Stearns Asset Backed Securities I LLC, Asset Backed Certificates, Series 2007-AC2 c/o Jacob Geesing, Esquire Bierman, Geesing & Ward, LLC 4520 East West Highway, Suite 200 Bethesda, MD 20814 by US Mail and Fax: 301-961-6545 Wells Fargo Bank, National Association c/o EMC Mortgage Corporation 2780 Lake Vista Drive Lewisville, TX 75067-3884 First Residential Mortgage Services Corp. 570 Sylvan Avenue Englewood Cliffs. NJ 07632 by US Mail and Fax: 201-758-2800 40. Attached as PLAINTIFFS’ EXHIBIT N is a true and accurate copy of Plaintiffs’ notice of rescission with the Broadcast Report evidencing fax transmission of the notice on November 19, 2009 (“Rescission Notice”). Attached as PLAINTIFFS’ EXHIBIT O is a true and accurate copy of U.S. Postal Service Certified Mail Receipt postmarked 11/19/2009 for Article Number 7005 1820 0007 9088 0063. Attached as PLAINTIFFS’ EXHIBIT P is a true and accurate copy of U.S. Postal Service Domestic Return Receipt evidencing delivery to Wells 12 Case 10-00101 Doc 6 Filed 03/23/10 Page 13 of 20 Fargo of Article Number 7005 1820 0007 9088 0063. Article Number 7005 1820 0007 9088 0063 was an envelope which contained Plaintiffs’ Rescission Notice. 41. Defendants First Residential and Wells Fargo received copies of the Plaintiffs’ notice of rescission on or about November 19, 2006. 42. More than 20 calendar days have passed since the Defendants received copies of the Plaintiffs’ notice of rescission. 43. The Defendants have failed to take any action necessary or appropriate to reflect the termination of any security interest created under the transaction, including the security interest described in Paragraph 8, as required by 15 U.S.C. § 1635(b) and Regulation Z § 226.23(d)(2). Defendant Wells Fargo refused to honor the rescission by its agent’s (EMC Mortgage Corp.) December 29, 2009 letter to Plaintiffs’ counsel, Robert J. Haeger, a true and correct copy of which is attached as PLAINTIFFS’ EXHIBIT Q. 44. The Defendants have failed to return to Plaintiffs any money or property given by the Plaintiffs to anyone, including the Defendants, as required by 15 U.S.C. § 1635(b) and Regulation Z § 226.23(d)(2). 45. As a result of the aforesaid violations of the Act and Regulation Z, pursuant to 15 U.S.C. §§ 1635(a), 1640(a), and 1641(c), Defendants are liable to Plaintiffs for: a. Rescission of this transaction. b. Termination of any security interest in Plaintiffs’ property created under the transaction. c. Return of any money or property given by the Plaintiffs to anyone, including the Defendants, in connection with this transaction. 13 Case 10-00101 Doc 6 Filed 03/23/10 Page 14 of 20 d. Statutory damages of $2,000 for the disclosure violations. e. Statutory damages of $2,000 for Defendants’ failure to respond properly to Plaintiffs’ rescission notice. f. Forfeiture of return of loan proceeds. g. Actual damages in an amount to be determined at trial. h. Reasonable attorney’s fees. VI. SECOND CAUSE OF ACTION VIOLATION OF REAL ESTATE SETTLEMENT PROCEDURES ACT (as to Defendant EMC) 46. The preceding allegations of this complaint are re-alleged and incorporated herein by this reference. 47. Defendant EMC is the servicer of a "federally related mortgage loan" as that term is defined in 12 U.S.C. § 2602(1). On November 19, 2009, Plaintiffs, though their attorney, sent Defendants Wells Fargo and EMC a ‘‘qualified written request’’ (QWR) as that term is defined under RESPA, 12 U.S.C. § 2605(e)(1)(B), and asked Defendants Wells Fargo and EMC to provide them with information necessary to calculate the rescission tender amount under TILA, as follows: Please provide me with an itemization of the loan disbursements, the loan charges, the current principal balance, and all payments received from my client, so that we may determine the exact amount needed for tender. PLAINTIFFS' EXHIBIT N. 48. Defendant EMC sent Plaintiffs a response dated December 11, 2009 acknowledging receipt of Plaintiffs’ QWR. Thereafter, EMC sent Plaintiffs a letter dated 14 Case 10-00101 Doc 6 Filed 03/23/10 Page 15 of 20 December 29, 2009, rejecting Plaintiffs’ rescission demand and failed to provide the information requested in Plaintiffs’ QWR. EMC has failed to provide the information requested in Plaintiffs’ QWR. 49. Defendant EMC violated RESPA, 12 U.S.C. § 2605(e)(2)(C) by failing to provide the Plaintiff with the information and documentation requested, or an explanation why the information sought was unavailable, no later than 60 days after receipt of the Plaintiff’s qualified written request. 50. The Defendant has failed to comply with Section 2605 of Title 12 of the United States Code. 51. Defendant EMC has engaged in a pattern or practice of non-compliance with the requirements of the mortgage servicer provisions of RESPA as set forth in 12 U.S.C. § 2605. 52. Pursuant to 12 U.S.C. § 2605(f) and § 3500.21(f) of Reg. X, the Plaintiffs may recover of the Defendant EMC actual damages, costs and reasonable attorney fees for each failure of the Defendant to comply with any part of 12 U.S.C. § 2605. VII. THIRD CAUSE OF ACTION VIOLATION OF MARYLAND CONSUMER PROTECTION ACT (as to all Defendants) 53. The preceding allegations of this complaint are re-alleged and incorporated herein by this reference. 54. Defendants conduct was unfair and deceptive and violated the Maryland Consumer Protection Act (“MCPA”), section 13-101 et seq., Maryland Commercial Law Article, by intentionally mis-stating Plaintiffs’ income and occupation on their mortgage Application (PLAINTIFFS’ EXHIBIT E). As a proximate result of the Defendants’ violations of the MCPA, 15 Case 10-00101 Doc 6 Filed 03/23/10 Page 16 of 20 Plaintiffs have suffered damages, including emotional distress and mental anguish, and incurred legal fees. VIII. FOURTH CAUSE OF ACTION FRAUD (as to all Defendants) 55. The preceding allegations of this complaint are re-alleged and incorporated herein by this reference. 56. Defendants misrepresented material information regarding the mortgage transaction, including but not limited to inflating Placido’s income to qualify him for a loan that he could not afford, and telling him that all they needed to qualify him for a loan was his credit score and social security number. 57. Defendants knew that the representations were false, or acted with reckless disregard to the truth. 58. Defendants made these material misrepresentations to Plaintiffs with the intent that Plaintiff rely upon them. 59. Plaintiffs acted in reliance upon the material misrepresentations. 60. As a direct and proximate result of the material misrepresentations, Plaintiffs suffered damages including but not limited to increased finance charges, excessive loan expenses and interest rates, loss of other credit opportunities, damage to their credit rating, and other costs. IX. FIFTH CAUSE OF ACTION MISREPRESENTATION (as to all Defendants) 16 Case 10-00101 61. Doc 6 Filed 03/23/10 Page 17 of 20 The preceding allegations of this complaint are re-alleged and incorporated herein by this reference. 62. Defendants made a representation of one or more material facts, including but not limited to inflating Placido’s income to qualify him for a loan that he could not afford, and telling him that all they needed to qualify him for a loan was his credit score and social security number. 63. The representations were false when they were made. 64. Defendants knew the representations were false when they made it or made the representations recklessly without knowing whether the representations were true. 65. The Defendants made the representations with the intent that plaintiffs rely on them and so that Defendants would profit from the transaction. 66. Plaintiffs did rely on the representations. 67. Plaintiffs were damaged as a result of their reasonable reliance on the representations including but not limited to increased finance charges, excessive loan expenses and interest rates, loss of other credit opportunities, damage to their credit rating, and other costs. X. SIXTH CAUSE OF ACTION CIVIL CONSPIRACY (as to all Defendants) 68. The preceding allegations of this complaint are re-alleged and incorporated herein by this reference. 17 Case 10-00101 69. Doc 6 Filed 03/23/10 Page 18 of 20 Defendants acted in concert pursuant to a common design to and plan to induce plaintiffs to enter into this mortgage transaction which had little or no benefit to them, including but not limited to providing the funding for the scheme. 70. Defendants illegally, maliciously and wrongfully conspired with one another with the intent to and with the purpose of inducing Plaintiffs to enter into this mortgage transaction which had little or no benefit to them. 71. The civil conspiracy resulted in damaging the plaintiffs including but not limited to increased finance charges, excessive loan expenses and interest rates, loss of other credit opportunities, damage to their credit rating, and other costs. WHEREFORE, the Plaintiffs having set forth their claims for relief against the Defendants respectfully pray of the Court as follows: A. That the Plaintiffs have and recover against the Defendants, jointly and severally, a sum to be determined by the Court in the form of actual damages; B. That the Plaintiff have and recover against the Defendants, jointly and severally, a sum to be determined by the Court in the form of statutory damages; C. That the Plaintiff have and recover against the Defendants, jointly and severally, a sum to be determined by the Court in the form of punitive damages; D. That the Plaintiff have and recover against the Defendants, jointly and severally, all reasonable legal fees and expenses incurred by her attorney; 18 Case 10-00101 E. Doc 6 Filed 03/23/10 Page 19 of 20 That this Court order Defendants, jointly and severally, to pay additional actual damages in a sum to be determined by the Court for violation of the Maryland Consumer Protection Act; F. That the Plaintiffs have such other and further relief as the Court may deem just and proper; G That this Court order the Defendant EMC to pay to the Plaintiffs their attorney’s fees and costs and additional actual damages a sum to be determined by the Court for each failure to comply with any part of Section 2605 of Title 12 of the United States Code pursuant to Section 2605(f) of Title 12 of the United States Code and Section 3500.21(f) of Reg. X; H. The security interest in the Property be declared void; I. Defendants’ claim be classified as wholly unsecured; J. Defendants’ claim be reduced by all finance charges, insurance charges and all other charges as required by 12 C.F.R. § 226.23; K. Plaintiffs be awarded all actual and statutory damages under TILA, §§ 1635 and 1640, for Defendant First Residential’s initial disclosure violations and for its, and its assignee’s failure to honor Plaintiffs’ rescission; L. the Claim be reduced by all actual and statutory damages that are awarded to Plaintiffs; and M. the Court order such additional relief as is necessary in the interest of justice. 19 Case 10-00101 Doc 6 Filed 03/23/10 Page 20 of 20 Respectfully submitted, /s/ Robert J. Haeger, March 23, 2010 Robert J. Haeger, Md. Fed. Bar No. 25434 Attorney for Plaintiffs 9535 Fern Hollow Way Gaithersburg, MD 20886-1430 (301) 670-9787 www.haegerlaw.com 20 Excelente Settlements - Produced 01/29/2010 ES Page 53 of 356 Case 10-00101 Doc 6-1 Filed 03/23/10 PLAINTIFFS' EXHIBIT A MIN: 100234400000169852 NOVEMBER 20, 2006 NOTE Loan NUmber: 06MD-0000001300 MARYLAND Rockville [Date] 604 Eldrid Drive, Page 1 of 5 [State] [City] Silver Spring, Maryland 20904 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received. I promise to pay U. S. $ 3 5 4 , 4 0 0 . 0 0 (this amount is called "Principal"). plus interest. to the order of the Lender. The Lender is FIRST RESIDENTIAL MORTGAGE SERVICES CORPORATION, A CORPORATION I will make all payments under this Note in the form of cash. check or money order. I 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 of Principal has been paid. I will pay interest at a yearly rate of 7 . 7 5 0 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1 s t day of each month beginning on JANUARY 1 2 007 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled . I still owe due date and will be applied to interest before Principal. If. on DECEMBER 1, 2036 amounts under this Note. I will pay those amounts in full on that date. which is called the "Maturity Date." I will make my monthly payments at 570 SYLVAN AVENUE, ENGLEWOOD CLIFFS, NEW JERSEY 07632 or at a different place ifrequired by the Note Holder. (B) Amount of Monthly Payments ** See attached Interest Only Note Addendum. My monthly payment will be in the amount of U.S. $ 2, 288 . 83 4. BORROWER'S RIGHT TO PREPAY I 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 I make a Prepayment. I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if! have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I 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 I make a partial Prepayment. there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If 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 necessary to reduce the charge to the permitted limit; MUL TISTATE FIXED RATE NOTE··Single Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 DocMagic~ 800-649-1362 www.docmagic.com Page 1 of 3 Excelente Settlements - Produced 01/29/2010 ES Page 54 of 356 Case 10-00101 Doc 6-1 Filed 03/23/10 PLAINTIFFS' EXHIBIT A Page 2 of 5 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 lowe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due. I will pay a late charge to the Note Holder. The amount of the charge will be 5 . 0 0 0 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due. I will be in default. (C) Notice of Default If I am in default. the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a 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 lowe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if. at a time when I 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 I am in default at a later time. (E) Payment of Note Holder's Costs and 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 to the extent not prohibited by applicable law. Those expenses include. for example. reasonable attorneys' fees. 7. 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 I 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 delivering it or 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 I am given a notice of that different address. 8. 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 anyone of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I 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. 10. 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 I do not keep MULTISTATE FIXED RATE NOTE--Single Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 DocMagic~ 800-649-1362 www.docmagic.com Page 2 of 3 Excelente Settlements - Produced 01/29/2010 ES Page 55 of 356 Case 10-00101 Doc 6-1 Filed 03/23/10 PLAINTIFFS' EXHIBIT A Page 3 of 5 the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts lowe under this Note. Some of those conditions are described as follows: 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 all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, 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 all 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 permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. THIS LOAN TRANSACTION IS GOVERNED BY TITLE 12, SUBTITLE 10 OF THE COMMERCIAL LAW ARTICLE OF THE ANNOTATED CODE OF MARYLAND. ~ ~ . ~ -=_ (Seal) -Borrower (Seal) -Borrower _ _ _ _ _ _ _ _ _ _ _ _ _ _ (Seal) -Borrower (Seal) -Borrower _ _ _ _ _ _ _ _ _ _ _ _ _ (Seal) -Borrower (Seal) -Borrower P'f'a~-- [Sign Original Only} MUL TISTATE FIXED RATE NOTE--Single Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 DocMagic~ 800-649-1362 www.docmagic.com Page 3 of 3 Excelente Settlements - Produced 01/29/2010 ES Page 56 of 356 Case 10-00101 Doc 6-1 Filed 03/23/10 PLAINTIFFS' EXHIBIT A Page 4 of 5 Loan Number: 06MD-0000001300 INTEREST-ONLY ADDENDUM TO FIXED RATE NOTE PropertyAddress:604 Eldrid Drive, Silver Spring, Maryland 20904 THIS INTEREST-ONLY ADDENDUM ("ADDENDUM") is made this 20th day of NOVEMBER, 2006 and is incorporated into and intended to form a part of the Fixed Rate Note (the "Note") dated the same date as this Addendum executed by the undersigned and payable to FIRST RESIDENTIAL MORTGAGE SERVICES CORPORATION, A CORPORATION (the "Lender"). THIS ADDENDUM supersedes and replaces Sections 3(A). 3(B). 4. and 6(A) of the Note. This Addendum does not supersede. replace or revise any other Section of the Note. 3. PAYMENTS (A) Time and Place of Payments I will make a payment every month. This payment will be for interest only for the first 120 months (the "Interest Only Period"), and then will consist of principal and interest. I will make my monthly payment on the 1 s t day of each month beginning on JANUARY 1 2 0 0 7 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date. and if the payment includes both principal and interest it will be applied to interest before Principal. If. on DECEMBER I, 2036 . I still owe amounts under this Note. I will pay those amounts in full on that date. which is called the "Maturity Date. " I will make my monthly payments at 570 SYLVAN AVENUE, ENGLEWOOD CLIFFS, NEW JERSEY 07632 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments for the first 12 0 months of My monthly payment will be in the amount of U. S. $ 2 , 2 8 8 . 83 The Note Holder will notify me this Note. and thereafter will be in the amount of U. S. $ 2 , 9 0 9 . 4 4 prior to the date of change in monthly payment. 4. BORROWER'S RIGHT TO PREPAY I 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 I make a Prepayment. I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I 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 I make a partial Prepayment. there will be no changes in the due date of my monthly payment unless the Note Holder agrees in writing to those changes. If the partial Prepayment is made during the Interest Only Period. the amount of the monthly payment will decrease for the remainder of the term when my payments consist only of interest as well as during the time that my payments consist of principal and interest. If the partial Prepayment is made during the period when my payments INTEREST ONLY ADDENDUM TO FIXED RATE NOTE ©2004 DOCMAGIC, INC. 01/14/04 DocMagic~ 800·649·1362 www.docmagic.com Page 1 of 2 Excelente Settlements - Produced 01/29/2010 ES Page 57 of 356 Case 10-00101 Doc 6-1 Filed 03/23/10 PLAINTIFFS' EXHIBIT A Page 5 of 5 consist of principal and interest, the amount of my monthly payment will not decrease; however. the principal and the interest required under this Note will be paid prior to the Maturity Date. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due. I will pay a late charge to the Note Holder. The amount of the charge will be 5 . a aa % of my overdue payment of interest during the Interest Only Period. At the end of the Interest 5 . 000 % of my overdue payment of principal and interest. I will pay this late Only Period. it will be charge promptly but only once on each late payment. BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Interest Only Addendum to Fixed Rate Note. II Date Borrower Date Borrower Date Borrower Date Borrower Date INTEREST ONLY ADDENDUM TO FIXED RATE NOTE ©2004 DOCMAGIC, INC. 01/14/04 DocMagic~ 800-649-1362 www.docmagic.com Page 2 of 2 Case 10-00101 Doc 6-2 Filed 03/23/10 Page 1 of 19 PLAINTIFFS' EXHIBIT B 935bb :::: Q, • 0:; - 00"3 ~ 5~/.z., eso Cf zooCp REF I NAN C,E",;, /'L;,L - - - - - - - - - - - - [Space Above This line For Recording Datal - - - - - - - - - - - - \ DEED OF TRUST llf FD m RECffiDII{; tEE l?- 28.80 28.00 TOT~ 40.11 DEFINITIONS Re9t MOO? Rcpt t 2mS , . . . lr:J( .KAll Blktii:9B 171 <.I Words used m multiple sectIOns of this document are defined below and other words are defined }~SAP'J~, lI, MIN: 100234400000169852 13, 18,20 and 21. Certain rules regarding the usage of words used in this document are also provtcrea inSe'c'(l"o'n 16. (A) "Security Instrument" means this document, which is dated NOVEMBER 20, wilh all Riders to this document. (B) "Borrower" is Placido Salazar and Maria N. Salazar" Drive, Silver Spring, Maryland 20904 2006 , together 6 04 Eldrid Borrower is the trustor under this Security Instrument. (C) "Lender" is FIRST RESIDENTIAL MORTGAGE SERVICES CORPORATION Lender is a CORPORATION and existing under the laws of NEW JERSEY Lender's address is 570 SYLVAN AVENUE, 07632 organized ENGLEWOOD CLIFFS, NEW JERSEY (D) "Trustee" is Excelente Settlements 401 N. Washington Street, 4th Floor, Rockville, Maryland 20850 (E) "MERS" is Mortgage Electronic Registration Systems, Inc, MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns, MERS is the mortgagee under this Security Instrument, MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint. MI 48501-2026, tel. (888) 679-MERS. (F) "Note" means the promissory note signed by Borrower and dated NOVEMBER 20, 2006 MARYLAND--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT· MERS Form 3021 1101 Page 1 of 14 DocMilgic~ 1100·6"'9·1362 MONTGOMERY COUNTY, MD APPROVEDBY____~~----____ cfp H~ MO CIRCUIT COURT (Land Records) [MSA CE JAN 02 2007 $0 RECORDATlON1\){PAID 63-3352SNL6. P 0646lRAt1SfERifAXifW[):lnline 0212812008 www.docmagic.com Case 10-00101 Doc 6-2 Filed 03/23/10 PLAINTIFFS' EXHIBIT B Page 2 of 19 ~35bb The Note states that Borrower owes Lender THREE HUNDRED FI FTY - FOUR THOUSAND FOUR HUNDRED AND 00/100 Dollars (U.S. $ 354, 400, 00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than DECEMBER 1, 2036 (G) "Property" means the property that is described below under the heading ''Transfer of Rights in the Property." (H) "Loan" means the debt evidenced by the Note. plus interest. any prepayment charges and late charges due under the Note. and all sums due under this Security Instrument. plus interest. (I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as appllcable]: 0 0 0 0 Adjustable Rate Rider Balloon Rider 1-4 Family Rider Condominium Rider 0 0 0 0 Planned Unit Development Rider Biweekly Payment Rider Second Home Rider Other(s) [specify] ill "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 final. non-appealable judicial opinions. (K) "Community AssocIation Dues. Fees. and Assessments" means all dues. fees. assessments and other charges that are imposed on Borrower or the Property by a condominium association. homeowners association or similar organization. (L) "Electronic Funds Transfer" means any transfer offunds. other than a transaction originated by check. draft. or similar paper instrument. which is initiated through an electronic terminal. telephonic instrument. computer. or magnetic tape so as to order. instruct. or authorize a financial institution to debit or credit an account. Such term includes. but is not limited to. point-of-sale transfers. automated teller machine transactions. transfers initiated by telephone. wire transfers. and automated clearinghouse transfers. (M) "Escrow Items" means those items that are described In Section 3. (N) "Miscellaneous Proceeds" means any compensation. settlement. award of damages. or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to. or destruction of. the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of. or omissions as to. the value and/or condition of the Property. (0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of. or default on. the Loan. (P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note. plus (ii) any amounts under Sectlon 3 of this Security Instrument. (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation. Regulation X (24 C.F.R. Part 3500). as they might be amended from time to time. or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument. "RESPA" refers to ail requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federaUy related mortgage loan" under RESPA. (R) "Successor in Interest of Borrower" means any party that has taken title to the Property. whether or not thaI party has assumed Borrower's obligations under the Note and/or this Security Instrument. MARVLAND •• Single Family··Fannie Mae/Freddie Mac UNIFORM INSTRUMENT· MERS Page 2 of 14 Form 3021 1/01 DocMag;c~ 8{)(}.649·136Z MO CIRCUIT COURT (Land Records) [MSA CE 63·33523) LEK 33566. p. 0647. Printed 11/02/2009 Online 02/28/2008 www.docmagic.com Case 10-00101 Doc 6-2 Filed 03/23/10 PLAINTIFFS' EXHIBIT B B35bb bile Page 3 of 19 TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (iI) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY of Montgomery [Type of Recording Jurisdlcllon] IName of Recording Jurlsdiclion] Lot 15, Block 2 Woodlawn Terrace Legal description is attached to and made a part hereof See Exhibit NAil which currently has the address of 604 Eldrid Drive ISlreel] Silver Spring [City] , Maryland 20904 ("Property Address"): [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the Interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all oflhose interests, Including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. 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 for 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 for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment ofPrlncipal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (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. MARY LAN D·-Single Family •• Fannie Mae/Freddie Mac UNIFORM INSTRUMENT· MERS Form 3021 1/01 Page 3 of 14 DocMag;c ~ 800-649·1362 MO CIRCUIT COURT (Land Records) IMSA CE 63·33523J LEK 33566, p. 0648 Prinled 11/02/2009. Online 02/28/2008 www.docmagic.com Case 10-00101 Doc 6-2 Filed 03/23/10 PLAINTIFFS' EXHIBIT B $J35bb' Page 4 of 19 Payments are deemed received by Lender when received at the location designated in the Note or at such other localion as may be designated by Lender in accordance with the nolice provisions in Sec lion 15. Lender may return any payment or parlial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current. without waiver of any rights hereunder or prejudice to Its rights to refuse such payment or partial payments in the future. but Lender is not obligated to apply such payments at the time such payments 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 bring the Loan current. If Borrower does 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 might 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 Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2. all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Seclion 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 that. each payment can be paid in full. 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 prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments. 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 Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note. until the Note is paid in full. a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can altain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property. If any; (c) premiums for any and all 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 Seclion 10. These items are called "Escrow Items." At origination or at any time during the term 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 shall 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 such waiver may only be in writing. In the event of such waiver. Borrower shall pay directly. when and where payable. the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and. if Lender requires. shall furnish to Lender receipts eVidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement 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 the 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 with Section 15 and. upon such revocation, Borrower shall pay 10 Lender all Funds. and in such amounts. that are Ihen required under this Section 3. Lender may. at any time. collect 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. MARYLANO.. Single family .. fannie Mae/freddie Mac UNIFORM tNSTRUMENT • MERS form 3021 1/01 Pago 4 of 14 DocMag;c~ 800-649-1362 www.docmagic.com MO CIRCUIT COURT (Land Records) [MSA CE 63-33523J LEK 33566, p. 0649. Printed 11/02/2009 Online 02/28/2008 -------------_._-------_._-- Case 10-00101 Doc 6-2 Filed 03/23/10 PLAINTIFFS' EXHIBIT B bSO Page 5 of 19 Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or othelWise in accordance with Applicable Law. The Funds shall be held In an Inslilution whose deposits are insured by a federal agency, instrumentality, or entity (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 than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verif'ying 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 writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any Interest or earnings on the Funds. Borrower and Lender can agree In writing, however, that interest shall be paid on 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. If there is a shortage 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 shortage in accordance with RESPA, but In no 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 secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens, Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community 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 shall promptly discharge any lien which has priority over this 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 performing 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 Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice 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 andlor reporting service used by Lender in connection with this Loan. S. Property Insurance, Borrower shall keep the improvements now existing or hereafter erected on the Property Insured against loss by fire, hazards Included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes 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 term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrowersubjecllo Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a onetime charge for flood zone determination, certification and tracking services; or (b) a one-lime charge for flood zone delermination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the 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 might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater MARYLAND.. Single Family.. Fannie Mae/Freddie Mac UNIFORM INSTRUMENT· MERS Form 3021 1/01 Page 5 of 14 DocMilgic~ 800-649·7362 MO CIRCUIT COURT (Land Records) [MSA CE 63·335231 LEK 33566, p. 0650 Prinled 11/02/2009 Online 02/28/2008 www.docmagic.com Case 10-00101 Doc 6-2 Filed 03/23/10 PLAINTIFFS' EXHIBIT B ~35bb b 5 I' Page 6 of 19 or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of Insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 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 requesting payment. All insurance policies required by Lender and renewals of such poliCies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to 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 Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an addllionalloss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to Inspect such Property to ensure the work has been completed 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 a 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 required to pay Borrower any Interest or earnings on such proceeds. Fees for public adjusters. or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair Is not economically feasible or Lender's security would be lessened, the Insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due. with 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 file, 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 30-day period will begin when the 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 rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the 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 use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy. establish. and use the Property as Borrower's principal residence within 60 days after the 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 occupancy. unless Lender otherwise agrees in writing. which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation. Maintenance and Protection of the Property: Inspections. Borrower shall not destroy. damage or impair the Property, allow the Property to detetiorate 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 Its condition. 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 condemnation 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 insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. MARYLAND--Single Family·-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT· MERS Form 3021 1/01 Page 6 of 14 DocMag;c~ 8()()"649·1362 MO CIRCUIT COURT (Land Records) [MSA CE 63-335231 LEK 33566. p. 0651. Prinled 11/0212009. Online 0212812008 www.docmagic.com Case 10-00101 Doc 6-2 Filed 03/23/10 PLAINTIFFS' EXHIBIT B Page 7 of 19 Lender or its agent may make reasonable entries upon and Inspections ofthe Property. If 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 such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if. during the Loan application process. Borrower or any persons or entHies acting at the direction of Borrower or wHh Borrower's knowledge or consent gave materially false. misleading. or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, 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 perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might slgnlflcantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy. probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this SecurHy 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 not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes. but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions. and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 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 Note rate from the date of disbursement and shall be payable, with such interest. upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee tHle to the Property, the leasehold and the fee title shali not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender reqUired Mortgage Insurance as a condition of making the Loan. Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If. for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously In effect, from an alternate mortgage insurer selected by Lender. If substantially eqUivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments 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 Mortgage 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 payments if Mortgage 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 Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance. Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. MARYLAND.. Single Family .. Fannie Mae/Freddie Mac UNIFORM INSTRUMENT· MERS Form 3021 1/01 Poge 7 of 14 DocMagic~ 800-649·1362 MO CIRCUIT COURT (Land Records) [MSA CE 63·33523] LEK 33566. p. 0652. Prinled 1110212009. Online 0212812008. www.docmsgic.com Case 10-00101 Doc 6-2 Filed 03/23/10 PLAINTIFFS' EXHIBIT B b53 Page 8 of 19 Mortgage 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 the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties 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 other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms ofthe Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has· if any. with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, andlor to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby aSSigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the 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 that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a 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 Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event ofa total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, If any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the follOWing fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss In value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is iess than the amount of the sums secured immediately before the partial taking, destruction, or loss 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, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to MARYLAND··Single Family .. Fannie Mae/Freddie Mac UNIFORM INSTRUMENT· MERS Form 3021 1/01 Page 8 of 14 DocMag;c~ 800-64g.r362 MO CIRCUIT COURT (Land Records) [MSA CE 63-33523J LEK 33566. P 0653. Printed 11/02/2009 Online 02128/2008. www.doc;milg;c.com Case 10-00101 Doc 6-2 Filed 03/23/10 PLAINTIFFS' EXHIBIT B '335bb Page 9 of 19 b5~ 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 Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Properly or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the Impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. lZ. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due. shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall bejolnt and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's Interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender 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 Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to. attorneys' 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 not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a iaw which sets maximum loan charges. and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the 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 permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the prinCipal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal. the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge Is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to MARYlAND--Single Family--Fannie Mae/Freddie Mac UNIFORM tNSTRUMENT - MERS Form 3021 1/01 Page 9 of 14 Drx;Magjr:~ 800-6'9·136' MO CIRCUIT COURT (Land Records) [MSA CE 63·335231 LEK 33566. p. 0654 Printed 11/0212009. Online 0212812008. www.docmagic.com Case 10-00101 Doc 6-2 Filed 03/23/10 PLAINTIFFS' EXHIBIT B 335bb· Page 10 of 19 b55 Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender speCifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has deSignated another address by notice to Borrower. Any notice In connection with this Security Instrument shall 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, the Applicable Law reqUirement will satisfy the corresponding reqUirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall 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 explici~y or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the 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 take 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 not limited to, those beneficial interests transferred 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. 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 all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, 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 all 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 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 discontinued 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 termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those condilions are that Borrower: (a) pays Lender all sums which then would be due under this 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 to, reasonable attorneys' fees, property inspeclion 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) takes 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 Security Instrument. shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) cerllfied 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 entily; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations MARYlAND.. Single Family··Fannie Mae/Freddie Mac UNIFORM INSTRUMENT· MERS Form 3021 1/01 Poge 10 of 14 DocMagjC~ 8DO-64901362 MO CIRCUIT COURT (Land Records) [MSA CE 63·335231 LEK 33566. p. 0655. Printed 1110212009. Online 0212812008 www.docmagic.c;om Case 10-00101 Doc 6-2 Filed 03/23/10 PLAINTIFFS' EXHIBIT B 335&& Page 11 of 19 b5b secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceieration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notlce of Grievance. The Note or a partiaiinterest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice 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, the mortgage ioan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, Join, or be Joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions 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 the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other 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 purposes of this paragraph. The notice of acceleration and opportunity 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 to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volalile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, 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) that 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 Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but lIOt limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim. demand, lawsuit or other acllon 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 Condillon, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or reiease of a Hazardous Substance which adversely affects thevalue of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. MARVLAND•• Single Family.·Fannie MaclFreddie Mac UNIFORM INSTRUMENT· MERS Page 11 of 14 Form 3021 1101 DocMag;c MO CIRCUIT COURT (Land Records) [MSA CE 63~335231 LEK 33566, p, 0656. Printed 11/02/2009. Online 02/28/2008 ~ 800.649-J362 www.docmagic.com Case 10-00101 Doc 6-2 Filed 03/23/10 PLAINTIFFS' EXHIBIT B 935bb Page 12 of 19 b51 NON·UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in tWs Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specifY: (a) the default; (b) the action required to cure the default; (c) a date. not less than 30 days from the date the notice is given to Borrower, by wWch the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by tWs Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at Its option may require immediate payment in full of aU sums secured by this Security Instrument without further demand and may invoke the power of sale, assent to decree, and/or any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses Incurred in pursuing the remedies provided In this Section 22,IncIuding, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender Invokes the power of sale, Lender shall mail or cause Trustee to mall a notice of sale to Borrower In the manner prescribed by Applicable Law. Trustee shaU give notice of sale by public advertisement and by such other means as 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 terms designated In the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale and by notice to any other persons as requlred by Applicable Law. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or Implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall appiy the proceeds of the sale in the following order: (a) to all 5 . 0 0 0 % of the gross sale price expenses of the sale, including, but not limited to, Trustee's fees of and reasonable attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to It. Borrower, in accordance with Title 14, Chapter 200 of the Maryland Rules of Procedure, does hereby declare and assent to the passage of a decree to sell the Property in one or more parcels by the equity court having Jurisdiction for the sale of the Property, and consents to the granting to any trustee appointed by the assent to decree of aU the rights, powers and remedies granted to the Trustee in tWs Security Instrument together with any and all rights, powers and remedies granted by the decree. Neither the assent to decree nor the power of sale granted in this Section 22 shall be exhausted In the event the proceeding Is dismissed before the payment in full of all sums secured by this Security Instrument. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender or Trustee, shall release this Security Instrument and mark the Note "paid" and return the Note to Borrower. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only If the fee is paid to a third party for services rendered and the charging of the fee is permllled under Applicable Law. 24. Substitute Trustee. Lender, at ils option, may from time to time remove Trustee and appoint a successor trustee to any Truslee appOinted hereunder by an instrument recorded in the city or county in which this Security Instrument is recorded. Without conveyance of the Property. the successor trustee shall succeed to all the lilie. power and duties conferred upon Trustee herein and by Applicable Law. 25. Possession of the Property. Borrower shall have possession of the Property until Lender has given Borrower noUce of default pursuant to Section 22 of this Security Instrument. MARYLANO .. Single Family··Fannie Mae/freddie Mac UNIFORM INSTRUMENT· MERS Form 3021 1/01 Page 12 of 14 DocMag;c~ 8CJO.649·7362 MO CIRCUIT COURT (Land Records) [MSA CE 63·33523] LEK 33566. p. 0657. Printed 11/02/2009 Onr,ne 02/28/2008. www.docmagic.com Case 10-00101 Doc 6-2 Filed 03/23/10 PLAINTIFFS' EXHIBIT B @'l5bb' bS8 Page 13 of 19 BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. ;' (Seal) -Borrower Witness: :Si'a»~. ~;a{~a;- (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Witness: MARYLAND--Single Family--Fanni. Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 3021 1/01 Page 13 of 14 DocMag;c~ 8()().. . .·'362 MO CIRCUIT COURT (Land Records) [MSA CE 63-33523] LEK 33566, p. 0658. Printed 11/02/2009 Onl'IOe 02/28/2008 www.docmagic.com Case 10-00101 Doc 6-2 Filed 03/23/10 PLAINTIFFS' EXHIBIT B b5Q' Page 14 of 19 (Space Below This Une For Acknowledgmentl - - - - - - - - - - - - - State of Maryland County of "Mont~omery J'\", tJJJ~ ( ~ C/J , On this ttO day of before me, the undersigned officer, personally appeared Placido Salazar, Maria N. Salazar known to me (or satisfactorily Ilroven) to be the person(s) whose name(s) is/are subscribed to the within instrumeni and acknowledged that helshellhey executed the same for the purpose t'berein contained. In wit~e~s .... ~ereof I hereunto set my hand and official seal. . /.~'" ,~. " .. ,.,.,: . .'. (ii/N "\'~~':j"'. ,.~:~ ~.:~'.:?/...:, '. '.. " ;" ':oX':,!';., . (Seal) State of ~ (~'""""---A---=-- _ _ __ f/". r. d_ . VI ~ pr., ... OMON ~ure . ,:":,ryland ~'~J. ~J 'Iy ~()lA..WYU A. ".:, . ;:,003 Typewritten or Printed Name of Notary Public ~ _'1'.. .(II n n day of t\AJ~ I NotarY Public My (;ommisslon expires: 4., Montg~~. 'L.. County of On this personally appea~~ d~ tl4) Cp ,11M ,!WI. O~ c/ , before me, the undersigned officer. the agent(s) of the person(s) secured by the foregoing deed of trust and made oath In due form of law that the consiileration recited in saiil deed of trust is true and bona fide as therein set forth; if this is a purchase money loan transaction, that the actual sum of money advanced at the c10sinlt transaction by the secured party(ies) was paiil over and disbursed by the party(ies/ secured by the deed of trust to eITher the borrower(s) or the person(s) responsible for disbursement of funds in Ihe c osing transaction or his/herltheir respective agent at a time no later ilian tlie execution and delivery of the deed of trust bylhe borrower; and that helshelthey islare the agent(s) of the person(s) secured by the deed ortrust and is duly authOrized to make this affidavit. In witness hereof I.-~er.~unto set my hand and official se~l./ "\-. ~ "'-'rSi a,tur~e _, •. <." \' "',,.,1 >,,' :',,,,,,,,' '.' ( A d_ . _ .. .~ 'pewritten or Printed Name of Notary Public 1. 09 ",:"" .. :. ,1,"1 r ·j),Ft.~j 1~lftU.~t NotarY Public My (;ommlssion expires: CERTIFICATION: This is to certify that this deed of trust: D was prepared by or under the supervision of D was prepared by Signature , an attorney licensed to practice law in the state of Maryland. , one of Ihe parties to the instrument. Date Typewritten or Printed Name I~: ______________________________ MARYLAND--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 3021 1/01 Page 14 of 14 DocMagic~ 8()(J.6.9·1362 MO CIRCUIT COURT (Land Records) [MSA CE 63-33523J LEK 33566, p. 0659. Printed 11/02/2009. Online 02/28/2008. www.docmaglc.com Case 10-00101 Doc 6-2 Filed 03/23/10 PLAINTIFFS' EXHIBIT B '335bb Page 15 of 19 bbO AFFIDAVIT MADE PURSUANT TO SECTION 12-108(G)(3) OF THE TAX-PROPERTY ARTICLE OF THE ANNOTATED CODE OF MARYLAND THE undersigned make this oath, in due form oflaw and under the penalties of perjury, that the following is true to the best of our knowledge, information and belief, in accordance with Section 12-108(g)(3) of the Tax-Property Article of the Annotated Code of Maryland, as follows: I. That we are the original mortgagors of the Deed of Trust recorded in the Land Records of the County of Montgomery, State of Maryland, in Liber 31085, folio 673. 2. That the mortgaged property is our principal residence. 3. That the amount of unpaid principal of the original Deed of Trust being refinanced is $81,733.64. DATED this 20th day of _ _--...;.N..:..,:o:....:.v""'em=b.:;.:er:.....-_ _ , 2006 . a/k/a Placido Salazar Claros State of Maryland, County of ---..7~dlf-L....;r-r-.;:.,,(/(/--=-...,~f+---L---- I HEREBY CERTIFY THAT on this 20th day of November,2006, before me, the Maria N subscriber, a Notary Public of the jurisdiction aforesaid, personally appeared Salazar and Placido Salazar a/kJa Placido Salazar Claros ,known to me (or satisfactorily proven) to be the persons described in the foregoing instrument and made oath in due form of law, and under the penalties of perjury, that the matters and facts set forth herein are true. As witness, my hand and notarial seal. bkffARY PUBLIC My Commission Expires: _ _ _ _ _ __ 6t;·:--, J.fl,.?,\~. ~I~.",:·.2_~!~,~\ " q,.~:-:/,~,.-. '~, ;:~}: OMON ,~ , \'\'=-.:.:'.\. "~.,'. . MO CIRCUIT COURT (Land Records) [MSA CE 63-33523] LEK 33566, p. 0660. Printed ;' ( .•~. '~1!02/2009 " Online ,".L;:~~" of Maryland " . 02/28/2~'08 J:"~·!I. -"";~;\.' .': . ' . -,~ Case 10-00101 Doc 6-2 Filed 03/23/10 Page 16 of 19 PLAINTIFFS' EXHIBIT B Case No.: ES062006ECS EXHIBIT "A" Lot numbered Fifteen (15) in Block numbered Two (2), in the subdivision known as "WOODLAWN TERRACE", as per plat thereof recorded among the Land Records of Montgomery County, Maryland in Plat Book 12 at plat 846. For informational purposes only: Tax ID No. 05-00385212 Being the same property as described in that Deed dated October 17, 2005, and recorded in the Land Records of the Montgomery County, Maryland, in Liber 31085, folio 651, which was granted and conveyed by Kelly W. Gray unto Placido Salazar Carlos and Maria N. Salazar. HAVING a street address of: 604 Eldrid Drive, Silver Spring, MD 20904 Tax ID #: 05-00385212 Title Insurance: First American Title Insurance Company MO CIRCUIT COURT (Land Records) [MSA CE 63-33523] LEK 33566, p. 0661. Printed 11/02/2009 Online 02/28/2008. Case 10-00101 Doc 6-2 Filed 03/23/10 PLAINTIFFS' EXHIBIT B Page 17 of 19 bbl t CERTIFICATION OF PREPARATION I HEREBY CERTIFY THAT THE WITHIN INSTRUMENT WAS PREPARED BY ME AND/ OR UNDER MY SUPERVISION AND THAT I AM AN ATTORNEY DULY APPOINTED TO PRACTICE BEFORE THE COURT OF APPEALS OF THE STATE OF MARYLAND. MO CIRCUIT COURT (Land Records) [MSA CE 63-33523J LEK 33566, p. 0662. Printed 11/02/2009. Online 02/28/2008. Case 10-00101 - Doc 6-2 Filed 03/23/10 PLAINTIFFS' EXHIBIT B Page 18 of 19 1 33"5':&b! AFFIDAVIT MADE PURSUANT TO SECTION 12-108(G)(3) OF THE TAX-PROPERTY ARTICLE OF THE ANNOTATED CODE OF MARYLAND THE undersigned make this oath, in due form of law and under the penalties of perjury, that the following is true to the best of our knowledge, information and belief, in accordance with Section 12-108(g)(3) of the Tax-Property Article of the Annotated Code of Maryland, as follows: 1. That we are the original mortgagors of the Deed of Trust recorded in the Land Records of the County of Montgomery, State of Maryland, in Liber 31085, folio 658. 2. That the mortgaged property is our principal residence. 3. That the amount of unpaid principal of the original Deed of Trust being refinanced is $328,000.00. DA TED this 20th day of _ _......:.N.;.;:o~v.;:;.em=b~er:--_ _, 2006 . Claros State of Maryland, County of ---l-077-L...~~(/(}:...l-I:""~~=-';"~~~-- I HEREBY CERTIFY THAT on this 20th day of November,2006, before me, the Maria N subscriber, a Notary Public of the jurisdiction aforesaid, personally appeared Salazar and Placido Salazar a/k/a Placido Salazar Claros ,known to me (or satisfactorily proven) to be the persons described in the foregoing instrument and made oath in due form of law, and under the penalties of perjury, that the matters and facts set forth herein are true. As witness, my hand and notarial seal. ,. :iJi(j " ,.' , :.~r'",,, _.....-" ill, OJI!;,'; :1"\'; " ;I';/' ,:,,~~.,/;lO'J MO CIRCUIT COURT (Land Records) [MSA CE 63-33523J LEK 33566, p. 0663. Printed 11/02/2009 Online 02/28/2008 Case 10-00101 Doc 6-2 Filed 03/23/10 Page 19 of 19 PLAINTIFFS' EXHIBIT B bb~ 835&b State of Maryland Land Instrument Intake Sheet I X I County: Montgomery I I Baltimore City Information provided isfor the use of the Clerk's Office and StOle Department of Assessments and Taxation, and the County Finance Office only. (Type or Print in Black Ink Onlv All Copies Must Be Leeible) I Check Box ir Addendum Intake Form i. Attached.) Type(s) Mortgage HOther Deed H°ther of Instruments 1 Deed of Trust Lease Conveyance Improved Sale Unimproved Sale Multiple Not an AnnsCheck Box Arms-Len!!,th J} Arms-Length [21 Arms Length [3] Length Sale (9] Tax Exemptions Reeordation (if Applicable) State Tronsrer Cite or Explain Authority County Transrer Consideration AmouDt Finance Office Use Only Transfer aDd Recordation Tax Consideration Purchase PricelConsideration S .00 Consideration Any' New Mortgage Transrer Tax Consideration 354,400.00 S S and Tax )0/0 New Mortgage x( S 88,600.00 S Calculations Less Exemption Amount S 328,000.00 S Balance of Existing Mortgage Total Transfer Tax = S Recordation Tax Consideration S 81,733.64 S Balance of Existing Mortgage x( ) perS500 = S Full Cash Value TOTAL DUE S 0.00 S Amount of Fee. Agent: Doc. I Doc. 2 Recording Charge S S 20.00 20.00 Fees TuBiII: Surcharge S 20.00 S 20.00 State Recordation Tax S 231.1 5 S C.B. Credit: State Transfer Tax S 0.00 S County Transfer Tax S 0,00 S Ag. Tax/Other: Other S 5 Other S S District I Property Tax fD No.(I) I Grantor LiberlFolio Map Pa .. el No. I Vor.LOG Description of 05-00385212 31085/651 I 1(5) I I I Property SqFtlAcreage(4) Subdivl.ion Name Plat Ref. I Block(3b). '-SeetlAR(3c) '- Lot(3a) Woodlawn Terrace 2 SOAT require. I 15 I L Locatlon/Addr... of Property Beine Conveyed (2) lUbmitlion ot aN applicable information. 604 Eldrid Drive, Silver Spring, MD 20904 A mallimlm of .40 Other Property Identinm (If applicable) Water Meter Account No. I W « fT1 P-1 W W W W U U LJ - W W characters will be indexed in accordance with the priority cited in Real Property Article Residential I X) or Non-Residential) ) Partial Conveyance? I ) Ye. IXI No I Fee Simple I XI or Ground Rent I I I DescriptiooiAml. ofSqFtlAcreage Transferred: I Amount: SN/A IN/A Section 3·104(O){3)(i). LU Transferred From If Partial Conveyance, List Improvements Conveyed: N/A Doc. I - Grantor(.) Nome(s) Maria N Salazar Placido Salazar alkla Placido Salazar Claros Doc. 2 - Grantor(.) Name(.) Doc. 2 - Owner(.) or Record, If Different from Grantor(s) Doc. I - Owner(s) of Record, IfDilferent from Gr.ntor(s) W Transferred To W Other Names to Be Indexed ~ Contact/Mail Information Doc. 2 - Grantee(.) Name(s) Doc. I - Grantee(.) Nome(s) Excelente Settlements, Inc. New Owner's (Grantee) Mailing Address 604 Eldrid Drive, Silver Spring, MD 20904 Doc. 2 - Additional Name. to be Indexed (Optional) Doc. I - Additional Nom.s to be IndOled (Optional) I I I W Return to Contaci Person Instrument Submitted By or Contact Penon Name: Dahiana Quiroga, Cinthya Rocha Hold for Pickup Firm: Excelenle Settlements, Inc. Address: 40 I N, Washington Street, Suite 950, Rockville, MD 20850 Return Address Provided Phone: Phone: 301-838-4010 FAX: 301-548-9241 11 I IMPORTANT: BOTH THE ORIGINAL DEED AND A PHOTOCOPY MUST ACCOMPANY EACH TRANSFER Will the property being conveyed be the grantee's principal residence? Yes As:sessment Yes X No Does transfer include personal property? If yes, identify: Information o n t:1 tRjNO !xl Yes nNo Was property surveyed? If yes, attach copy. of survey (if recorded, no copy required) Assessment Use Only· Do Not Write Below This Line [ 1 Tran. Process Verification '[ I Terminal Verillcation I 1 Agricultural Verificatioo [ 1Whole [ I Part Transfer Number: Year Date Received: Land Buildings Total REMARKS: ,r. "'0'" liT rnliRT R. "rl<llMSA CE 63-33523)LEK 33566, Assigned Property No.: Map Sub Plat Grid Ceed Referenca: Geo. Zoning Use Town Cd. p.~bb'" ~"n eo IIVLlLUU'. Percel Section Ex. 51. Ex. Cd. Block Lot Oce. Cd. v, ES062006ECS Excelente Settlements - Produced 01/29/2010 Case 10-00101 Doc 6-3 Filed 03/23/10 PLAINTIFFS' EXHIBIT C ES Page 49 of 356 Page 1 of 2 Previous editions are obsolete A. form HUD-1 (3/86) ref Handbook 4305.2 Settlement Statement -- U.S. Depa.nt of Housing and Urban Development B. Tvoe of Loan 1. OFHA 4. OVA C. Note: 2. OFmHA 3. K1Conv. Vnins. OMB Aooroval No. I 6. File Number I 2502-0265 7. Loan Number s Ornnv. Tns. ES062006 06MDOOOOO 1300 This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o. c.)" were paid outside the closing; they are shown here for information purposes and are not included in the totals. ~~~~t:~~~!~i~n~I~~~; ~n~n~~~ngIY make false FS~~~~:i~~~~~~~tI~n~~?, SJ{'-t~~~~ ~h~~t?~na~Xn"lth;:rlS~~~f~~T~1~enalties upon D. NAME OF BORROWER: ADDRESS' E. NAME OF SELLER: lexoire" ~nO/'OOFl\ FINAL I 8. Mortgage Insurance Case Number I TitleExpress Settlement System Printed 11/20/2006 at 16 '07 I G Maria N Salazar and Placido Salazar a/k/a Placido Salazar Claros 604 Eldrid Drive Silver SnrinQ MD 20904 REFINANCE ADDRESS' First Residential Mortgage Services Corp. 570 Svlvan Avenue Emdewood Cliffs NJ 07632 G. PROPERTY ADDRESS: 604 Eldrid Drive, Silver Spring, MD 20904 Woodlawn Terrace Lot 15 Block 2 H. SETTLEMENT AGENT: Excelente Settlements, Inc., Phone: 301-838-4010 FAX: 301-548-9241 PI ArE OF SETTLEMENT' 401 N. Washine.ton Street Suite 950 Rockville MD 20850 I SETTT EMENT f1A TE: 11120/2006 11127/2006 f1ISBVRSEMENT DATE: J. SUMMARY OF BORROWER'S TRANSACTION: K. SUMMARY OF SELLER'S TRANSACTION: 100. r,ROSS AMOUNT DUE FROM BORROWER 400. GROSS AMOUNT DUE TO SELLER F. NAME OF LENDER: ADDRESS: 101. Contract sales nrice 401 r.nntr"r.t s"les nrice 107. Pprsnn"l Prooertv 402 Personal Prooertv 103 ~AtllAment 104. p"vnff'1 n6764203-1 ch"roAs tn bnrrnwAr llinA 1400\ Countrvwide Home Loans 105 9 843.69 330 436.95 403 91 174.33 405 404 Inc. Payoff Other Loans p"vnff li87 854.3::1 on144R7483 to:EMC Mortnane Cornnration P"vnff $5 ? 1n no 3<;370167962842 tn:THD CRSn P"vnff!l:1 568.00603461005825 tn:GFMR 1 HnmA nAsion Pavoff $154? 00 79192421032 tn·r.FMR /1 nwps Adiustments for items [laid bv seller in advance 109. Adiustments foritems [laid bv seller in "rlv"nce 1 208.00 Payoff to Chase 4nR 11n. 410. 111 411 117 120 200. 417 432 662_97 GROSS AMOUNT DUE TO SELLER AMOUNTS PAID BY OR ON BEHALF OF BORROWER 420. 500. 7n1 nAnosi! or A,,,nA.t mnne" 501. l=y"P'. n"nnsit I.AA 2D2 Princioal amount of new loans 7n::l. Fyi.lino lo"nl., !"kAn slihiAr.t tn 2D4. ~~ GROSS AMOUNT DUE FROM BORROWER !i0? 145_00 <;n4 503 Courtesy Credit Excelente Settlements 354 400.00 ;not",~t;nn.\ charoes to seller !line 1400\ Existina loanls\ t"kAn SlIhiAr.t to Inc. <;n<; ?05. 206. REDUCTIONS IN AMOUNT DUE TO SEL LER Prn"""tis Imm ?nti Tr lot 87 133_30 .--- 506 ?n7. 507 20B. SOB <;nR ?nR Adiustments for items unoaid hv seller Adiustments for items unoaid bv seller 21::1 513 214. 514 ?1<; 515. 216. <;16 217. 517. ?18. !i1R 219 519. 220. 300. TOTAL PAID BY/FOR BORROWER ~n1 r.r"'o "mnllnt till" frnm hnrrnWAr liin" 120\ 30? I "ss amounts naid bv/for borrower lIine 220\ 303. CASH TO BORROWER 441 678.30 CASH AT SETTLEMENT FROM OR TO BORROWER 432 662.97 441 678_30 9 015.33 520. 600. CASH AT SETTLEMENT TO 601. Gross "mnllnt tiliA to SA liAr lIine 420\ 60? I ASS reduction amount due seller (line 520) 603. CASH TO SELLER TOTAl REDUCTION AMOUNT DUE SELLER OR FROM SELLER 0.00 Excelente Settlements - Produced 01/29/2010 Case 10-00101 Doc 6-3 Filed 03/23/10 PLAINTIFFS' EXHIBIT C r Previous editions are obsolete U.S. DEPARTMENT OF HOUSING AND SETTLEMENT STATEMENT L eN form HUD·1 (3/86) ref Handbook 4305.2 DEVELOPMENT FINAL File Number: SETTLEMENT CHARGES PAID FROM @ 0 000 = to SELLER'S FUNDS AT FUNDS AT SETTLEMENT SETTLEMENT 703. Commission oaid at 802. Loan Discount 803 ADor'lisal Fee 804. Credit Reoorl I 4252 80 Corp % to Residential Jl.nn"";.sals LantiR;ofe Credit Inc to First Residential Mortqaqe to 805. Lender's 806 Ann!;~"t;nn Fee 807. A, 808 S~""; "'''IS (P,O C ) 5000 Buyer 350 00 -27 00 Fee S~""; "'''IS Corp 350 00 T ... nn""f .. Flood Cert First Residential Mortqaqe S~"u; ""qS Corp to F~~st Residential Mortqaqe Services Corp 12 00 78 00 _450 00 Fee 809. Flood C, to Fee 810. Tax Service Fee 811 t Fee to 900 ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE @$ 901 Interest From 11/28/2006 \Q1;1/01/2006 76,2944 Idav 902. Morlcace Insurance Premium for to 903 Hazard Insurance Premillm for to 3 Days _228 88 (P 0 C ) 590 00 Buyer 904. 905. 1000 RESERVES DEPOSITED WITH LENDER FOR 4 mo. @S 1001 Hazard Insurance 1002 Morlaaae In."r"n~ .. mo.@$ 1003. Citv Prooerlv Tax Imo mo@S 1004. County ProDerly Tax 1005. Annual A •• " •• ",ents 1009. Inn, AnalYsis Ariilldmpnl to 196 68 49 17/mo 2 mo. @$ Imo 257 34 Imo mo.@$ Imo First Residential Mortqaqe S~""; ""qS 514 68 Corp -98 33 1100. TITLE CHARGES Excelente Sett-l <>m<>nt-.. Inc Janet Kelemen Gallery Title Services to Excelente Settl<>m<>nt-" Inc to Excelente Settlements Inc 10 Excelente Settlements Inc 295 00 195 00 65 00 to 1101. Settlement or closinc fee 1102 Abstract or ltlIe search to 1103. Title examination 1104. Title insurance binder 1105 50 00 50 00 1106. NotarY Fees 1107 fees (includes above items No: 11 OIL ~ ) to Insurance 1002 00 First American Title Insurance r."mn .. n .. (includes above items No: ) 354.400 00 1109. Lender's Policy 1110 Owner's Palicv - 1002 00 1111 111~ ~~ex/Courier to Fee Excelente Settlements Inc 85 00 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES . MoriDaDe S 40 00 1201 Recordina Fees Deed S; Release S 60 00 1202. State Recordation Tax Deed S MarlaaDe S 1703 Stat" TransierTax 1204 Countv Transfer Tax D_ee~$ Morlaaae $ Deed 9) to Mont:. 120!i2nd half DrooMv 1~ 1300. ADDITIONAL SETTLEMENT CHARGES Marlaaae County lOO 00 9; Maryland 1,543 98 1301. Survey 1302 Pest Insoection 1303. 1304 Rel"ase 1305. 1306 Excelente Settlements to Excelente Settlements ta Imacinc Inc Inc 150 00 1307. 130JL r 1400. IUTAl SETTLEMENT CHARGES (enter on lines 103. Section J and 502. S.. clion K) I have carefully reviewed the HUD·1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and dis~u::e.m:~s ma~'o: accou~t:hiS transaction. I further certify that I have received a copy of the HUD·1 Settlement Statement. Ma ia N Sala , \... Jaros Settlemen WARNING: It is ~ crime to kn wingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and imprisonment. For details see: Title 18 U. S. Code Section 1001 and Section 1010. PAID FROM BORROWER'S to 800 ITEMS PAYABLE IN CONNECTION WITH LOAN 801 Loan f), . Fee 1 200 %First Residential Mortqaqe PAGE 2 : SYstem Printed 11/20/2006 at 16:02 LG TitleExoress 700. ~TAL SALES/BROKER'S COMMISSION based on orice $ Division of commission lIin .. 700l RS fnllnws' 701. $ 702 S ES Page 50 of 356 Page 2 of 2 9,843 69 Deposit / Check Disbursement Case 10-00101 Doc 6-4 Filed Statement 03/23/10 Page 1 of 3 File Number: ES062006ECS Printed: 02/01/10 at 11:29 Page: 1 Seller(s) : PLAINTIFFS' EXHIBIT Buyer(s): Maria N. Salazar Placi Salazar a/k/a Placido Salazar Claros Property Location: 604 Eldrid Drive Silver Spring, MD 20904 Woodlawn Terrace, Lot 15, Block 2 Settlement Date: 11/20/06 ---------------------------------- Deposits ---------------------------------Receipt # Date Stat From Due Received 11/27/06 R First Residential Mortgage 348,015.99 11/27/06 R First Residential Mortgage 88,165.87 ========== Check # < ========== Total Deposits: 0.00 436,181.86 Checks ----------------------------------Date Stat To Held Disbursed 8,905.50 11/27/06 T Maria N Salazar and Placid 1,208.00 11/27/06 T Chase 11/27/06 T Clerk of the Circuit Court 80.00 11/27/06 B Clerk of the Circuit Court 60.00 330,436.95 11/27/06 T Countrywide Home Loans, In 1,726.20 11/27/06 B Excelente Settlements, Inc 11/27/06 T First American Title Insur 200.40 11/27/06 T Janet Kelemen Gallery Titl 179.00 1,543.98 11/27/06 T Montgomery County, Marylan 82,854.33 11/27/06 T EMC Mortgage Corporation 5,210.00 11/27/06 T THD CBSD 1,568.00 11/27/06 T GEMB / Home Design 1,542.00 11/27/06 T GEMB / Lowes 53.40 11/27/06 T First American Title Insur 614.10 11/27/06 T Montgomery County Total Checks: Received/Disbursed Difference: Account Balance: =========== =========== 1,786.20 434,395.66 1,786.20 0.00 D Deposit / Check Disbursement Statement Case 10-00101 Doc 6-4 Filed 03/23/10 Page 2 of 3 File N1.Ullber: ES062006ECS Printed: 02/01/10 at 11:29 Page: 1 Seller(s) : PLAINTIFFS' EXHIBIT Buyer(s): Maria N. Salazar Placi Salazar a/k/a Placido Salazar Claros Property Location: 604 Eldrid Drive Silver Spring, MD 20904 Woodlawn Terrace, Lot 15, Block 2 Settlement Date: 11/20/06 ---------------------------------- Deposits ---------------------------------Receipt # Date Stat From Due Received 11/27/06 R First Residential Mortgage 348,015.99 Mortgage Proceeds 354,400.00 Retained Charges 6,384.0111/27/06 R First Residential Mortgage 88,165.87 Proceeds from 2nd Trust 88,165.87 ========== Check # ========== Total Deposits: 0.00 436,181.86 Checks ----------------------------------Date Stat To Held Disbursed 11/27/06 T Maria N Salazar and Placid 8,905.50 8,905.50 Cash from Closing 1,208.00 11/27/06 T Chase Payoff to Chase 1,208.00 80.00 11/27/06 T Clerk of the Circuit Court Recording Fees, Mortgage 40.00 40.00 11/27/06 B Clerk of the Circuit Court 60.00 Recording Fees, Release 60.00 11/27/06 T Countrywide Home Loans, In 330,436.95 Loan# 106764203-1 0.00 329,981. 95 Payoff Principal Interest 11/30/06 to 12/07/06 0.00 7 days @ $65.00 455.00 1,726.20 11/27/06 B Excelente Settlements, Inc Document Preparation 50.00 50.00 Title insurance binder 65.00 Title examination 85.00 Fedex/Courier Fee Release preparation/Tracking 150.00 Settlement or closing fee 295.00 Lenders Policy 801. 60 Credit 145.00358.60 16.00 200.40 11/27/06 T First American Title Insur Lenders Policy 200.40 179.00 11/27/06 T Janet Kelemen Gallery Titl Abstract or title search 179.00 1,543.98 11/27/06 T Montgomery County, Marylan 2nd half property taxes 1,543.98 82,854.33 11/27/06 T EMC Mortgage Corporation Loan# 0014482483 0.00 82,674.63 Payoff Principal 0.00 Interest 12/01/06 to 12/07/06 179.70 6 days @ $29.95 5,210.00 11/27/06 T THD CBSD 0.00 Loan# 35320167962842 5,210.00 Payoff Principal 1,568.00 11/27/06 T GEMB / Home Design 0.00 Loan# 603461005825 1,568.00 Payoff Principal D 1,542.00 11/27/06 GEMB / Lowes CaseT10-00101 Doc 6-4 Filed 03/23/10 Page 3 of 3 Loan# 79192421032 0.00 Payoff Principal 1,542.00 PLAINTIFFS' EXHIBIT 53.40 11/27/06 T First American Title Insur 53.40 614 .10 11/27/06 T Montgomery County 614 .10 =========== < Total Checks: Received/Disbursed Difference: Account Balance: 1,786.20 434,395.66 1,786.20 0.00 D Excelente Settlements - Produced 01/29/2010 ES Page 88 of 356 Case 10-00101 Doc 6-5 Filed 03/23/10 PLAINTIFFS' EXHIBIT E Uniform Residential Loan A Page 1 of 4 Loan 10 : 06MO-O000001300 lication This app Ication is designed to be completed by the applicant(s) with the Lender's assistance. pp icants should complete this form as "Borrower" or "Co-Borrower," as applicable. Co-Borrower information must the Income or assets of a person other also be provided (and the appropriate box Checked) when 0 than the Borrower (including the Borrower's spouse) will be used as a basis for loan qualification or CJ the income or assets of the Borrower's spouse or other person who has community property rights pursuant to state law will not be used as a basis for loan qualification, but his or her liabilities must be considered because the spouse or other person has community property rights pursuant to applicable law and Borrower resides 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. CJ o Mortgage Applied for: OVA Amount FHA W Conventional D Other (explain): 0 USDA/Rural Housing Service Lender Case Number 0 Amortization Type: 604 Eldrid Drive Co-Borrower D 06MD-0000001300 Fixed Rate GPM 0 Other (explain): Interest Only ARM (type): Silver S rin , MD 20904 Legal Description of Subject Property (attach description if necessary) Lot 15, 15, Block Woodlawn Terrace Terrace Block 22 Woodlawn Le al descri tion is attached to and made a Purpose of Loan 0 Purchase art of hereof. 0 Construction W Refinance Property will be: Other (explain): r I Primary Investment b) Describe Improvements Debt Consolidation and 2005 $ 410,000.00 $ 412 656.58 other 412,656.58 N _ Salazar Title will be held in what Name(s) PlaCido Salazar I/ Maria N. Secondary D Residence LX..J Residence Construction-Permanent Complete this line if construction or construction-permanent loan. Year Lot Original Cost Amount Existing Liens (a) Present Value of Lot Acquired $ $ Complete this line If this Is a refinance loan. Year Original Cost Amount Existing Liens Purpose of Refinance Acquired o o D made Dmade to be made 0.00 Cost: $ Manner in which Title will be held Estate will be held in: Tenanc b Entiret W Fee Simple ~____~=-__~____~=-~__~~________~~~~~~~__~__~~~______-L!!~~~~LJ~~~~~ __________~[;] ~S"'o-u-rc-e-of=D-o-w-n-:P::-a-y-m-e-n--:t-. Source of Down Payment, ~S-e--:tt--:le-m-e-n--:t-:C::-h-a-r-ge-s-,-a-n-d"'/o-r-S::-u-:b--:o-r--:d::-in-a--:te-::F"'in-a-n-c--:in-g-(--:e-x-p::-la"'in--:)-C-h-e-c-k-iJ..n~g~a!.!!n~d~sLa~v=i...!n~g~e.!::!:.:!:.!!~~------i ement harges, and/or Subordinate Financing (explain) Checking and Savings Borrower's Name (include Jr. or Sr. if applicable) Placido Salazar Social Security Number Home Phone (incl. area code) CiJ Married 0 (301) 625-3204 Unmarried (include single, divorced. widowed) Se arated D Present Address (street. city, state. ZIP) [i] Own 0D ;:p~~a~~~I~al:~ow ;:p~~a~~~I~al:~ow Co-Borrower's Name (include Jr. or Sr. if applicable) DOB (mm/dd/yyyy) Vrs. School 12.00 Social Security Number Home Phone (incl. area code) B Married 1 Rent 1.00 No. Yrs. 0 DOB (mm/dd/yyyy) Vrs. School 0.00 Unmarried (include single, divorced. widowed) Se arated Present Address (street, city, state, ZIP) 0.00 Rent No. Yrs. 604 Eldrid Drive Silver Spring, MD 20904 Mailing Address, if different from Present Address Mailing Address,, if different from Present Address If residing at present address for less than two years, complete the following: Former Address (street , city, state . ZIP) Own 11 lJLJ Rent 1.00 No. Yrs. Former Address (street, city. state. ZIP) 0 Own 20708 Bell Bluff Road o Yrs. ____ No. Vrs. Rent _____ Gaithersburg. Gaithersburg, MD 20879 Name & Address of Employer Placido Salazar W Self Employed V's. on this job Name & Address of Employer 3.92 V's. employed in this line of work/profession 604 Eldrid Drive Silver S rin , MD 209044 6.00 Position/Title/Type of Business rs or~g!~Y:r~i~s~~~sn line 0.00 Position/Title/Type of Business Business Phone (incl. (lncl. area code) Owner Construction Fences 301 625-3204 If employed in current position for less than two years or If currently employed In more than one position, complete the following: Name & Address of Employer rI Dates (from - to) Name & Address of Employer D Dates (from - to) LX...J Self Employed Self Employed Placido Salazar 2356 Glemont Circle #202 Silver Spring, MD 20902 Monthly Income Monthly Income 0.00 Position/Title/Type of Business Owner Construction Fence Name & Address of Employer Dates (from - to) Positlon/TitlelType of Business Name & Address of Employer o $ Business Phone (incl. area code) Self Employed Monthly Income Monthly Income Position/Title/Type of Business $ Business Phone (incL area code) Freddie Mac Form 65 7/05 Fannie Mae Form 10037/05 <D.-21N (0507) ~ Page 1 of 4 Initials: VMP Mortgage Solutions. Inc. (800)521-7291 Dates (from - to) Position/Title/Type of Business $ Business Phone (incl. area Code) * VERIFICATION: (301) 962-4171 Excelente Settlements - Produced 01/29/2010 Case 10-00101 Doc 6-5 Filed 03/23/10 PLAINTIFFS' EXHIBIT E ES Page 89 of 356 Page 2 of 4 • Self Employed Borrowerls) moy b. required 10 provide additional documonlallon such as lax relurns and financial slalomonls. Describe Olher Income B/C Nolice: Alimony, child support, or soporale malnlenance Incomo need nol be revealed If Ihe Borrower IB) or Co-Borrower Co·Borrower IC) does nol choose 10 have II considered for repaying Ihls loan. Monthly Amount $ This Statement and any applicable supporting schedules may be completed jointly by both married and unmarried Co-Borrowers Co· Borrowers if their assets and liabilities are sufficiently joined so that the Statement can be meaningfully and fairly presented on a combined basis; otherwise, separate Statements and Schedules are required. If the Co·Borrower Co-Borrower section was completed about a non-applicant spouse or other person, this Statement and supporting schedules must be completed about that at spouse or other person also. Indicates item item not not included included In Not ** Indicates In total. total_ Cash Liabilities and Pledged Assels. List the creditor's name, address, and account number for all outstanding debts. Cash or or Market Market etc Value including automobile loans, revolving charge accounts, real estate loans, alimony, child support, stock pledges, etc. Value (.) those those liabilities, liabilities, which which will will be be satisfied satisfied upon upon sale sale of of real real estate estate ~~~~!""'-:---:---:---:--:--:--+---"':"'::':'::~----l Use continuation sheet, if necessary. Indicate Indicate (.) deposit toward purchase held by: $ . of the s ASSETS Unpaid Balance Balance Unpaid 330,436.95 2,291.00 HOME LOANS ** Chevy Chase 145 * 13301 New Hampshire Avenue Silver Spring, Me 20904 $ Payment/Months 82,854.33 931.00 u ** 89 $ Payment/Months ** $ 288.00 arne and address of Bank, S&L, or Credit Union Name 5,286.00 19 $ Payment/Months $ 5,210.00 109,00 109.00 Name and address of Bank, S&L, or Credit Union ** 48 $ Payment/Months Stocks & Bonds (Company name/number $ & description) escription) * $ 1,703.00 51.00 FSB 34 $ Payment/Months Life insurance net cash value ** $ 1,568.00 47.00 $ ** 34 nt/Months $ Payment/Months ** $ 1,542.00 43.00 ** $ * 36 ** * $ Other Assets (itemize) $ $ Freddie Mac Form 65 7/05 Fannie Mae Form 10037/05 • • 21N (0507) .-21N ~ Initials: Page 2 of 4 CP.s c- Excelente Settlements - Produced 01/29/2010 Case 10-00101 Doc 6-5 Filed 03/23/10 ES Page 90 of 356 Page 3 of 4 PLAINTIFFS' EXHIBIT E Schedule of Real Estate Owned (If additional properties are owned, use continuation sheet.) Property Address (enter S if sold, PS if pending sale or R if rental being held for income) y Type of Property Present Market Value Amount of Mortgages & Liens Gross Rental Income tnsurance, Maintenance, Taxes & Misc. Mortgage Payments Net Rentallncoma Rental Income Eldrid Drive 604 Silver Spring, S~rin9, NO 20904 PR Sing $ 445 000.00 $ 413,291.28 $ 0.00 $ 3,222.00 $ 0.00 $ 0.00 $ 445,000.00 $ 445,000.00 413,291.28 $ 413,291.28 0.00 $ 3 222.00 $ 0.00 $ 0.00 0.00 Totals List any addlttonal names under which credit has previously been received and Indicate appropriate creditor name(s) and account number(s): Alternate Name Account Number Creditor Name a. Purchase rice 0 00 I If you answer "Yes" to any questions a through I, please .:;;.;....;..;:::.;::.:.::.:;;;....:.;.:.:.=----------f-.!.------::..:..;::.::..j =-j use continuation sheet for explanation. b. 0.00 I c. 0.00 I a. Are there any outstanding judgments against you? Borrower ---'-'c;..;.;.;.;;;.;-'-""""'""----------r------;;..;... B Co-Borrower 0 wOO GJGJ DO 0 Yes No Yes No B --d'-.-=;;.;.;;...>.;.;.--'-.=;;..;;.;;~~-==-'------+----4-2-2-8-1...;9"-'-'.2"'8"-1 b. Have you been declared bankrupt within the past 7 years? 1 .;;.;....;..;.==..;..;...,.;.;.=-=;.:;...;..;;.;;...;:...;;..,=;;...;:.;.;J.._....,I-___ ==.<.'=.:...;.='-j c. Have you had property foreclosed upon or given title or deed in =...:.;.===...>.:.:=c..::;=;;..:.:::...::~=::...:= I_---=::.!.=c:::..:==_i .;;e.;.. . ...;E;;;.s"'t.;.:.im.;.:.a"'t"'e.;;.d-'p...r-'"e<.;a;;.;i.:;cd..;.it"'e"'m.;.;s'--_ _ _ _ _ _t -_ _ _ _.::1..!.'.::5.;:3.;:2;.:,..:5;.:1'-j1 lieu thereof in the last 7 7 years? Are you a party to a lawsuit? f. 10 417.88I d , Areyouapartytoalawsuit? ~-""==="';;';'==";:':;='--------t----"":::=='""o":,->O'-'O'-il e. Have indirectly been been obligated obligated on on any any loan loan which which resulted resulted in Have you you directly directly or or indirectly in foreclosure, foreclosure. transfer of title in lieu of foreclosure, or judgment? (This would include such loans as home 0,00 I mortgage loans, loans. SBA loans, home improvement loans, educational loans, manufactured .;.;.;.-""==""'-"'-'==='-""""-'-=u.._ _ _ _I-______.-.-~ (mobile) any mortgage, mortgage, financial financial obligation. obligation, bond, bond, or or loan loan guarantee. (mobile) home home loans, loans, any guarantee. If If "Yes," "Yes," 434 769,67 provide details, including date, name, and address of Lender, 88,600,00 I FHA or VA case number, if any, and reasons for the action.) __ 0 W 0 0 W CiJ 0 00 ...::.;==;;.;..;;..;;.;==-==;..<.;=...:.J.===....,1-______.;:0..;.•.;:0..:0'-j1 f. Are you presently delinquent or in default on any Federal debt or any other loan, mortgage, financial obligation, bond, or loan I guarantee? If "Yes," give details as described in the preceding question. 640.00 I question. OGJOO DGJDD I g. Are you obligated to pay alimony, child support, or separate .;.:.k;..' Other Credits I.I. Other Credits (explain) (explain) Borrower Paid Fees Title Ti tle Company Credit OGJOO DGJDD DGJDD OwOO OGJOO ------------------------------------ DGJDD I ;;:i;;-y;i"u-;u.S:-cTtii;n?----------------------OGJOO DCiJDD I ! 145.00 I 145.00 maintenance? 0.00 h. Is any part of the down payment borrowed? 0.00 I I. j.j. Are you a co-maker or endorser on a note? aBBB E1BBB Are you a U.S. citizen? k. Are you a permanent resident alien? -------------------------+------------~ I. Do )'ou Intend to occupy the property as your primary -m-.-L-o-an-a-m-o-un-t----------t---------i m. Loan amount l reSidence? If If "Yes." "Yes," complete (exclude PMI, MIP, MIP, Funding Funding Fee Fee financed) financed) I reSidence? complete question question m m below. below. (exclude PMI, 3 .:: 4.!.,..:4.::0.::0;.:•..:0;.:0'-j1 m. Have you had an ownership interest in a property in the last 5..: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ t -_ _ _ .:: ------------------f----=::"'O'~..;;..;;..;..;~ m. Have you had an ownership interest in a property in the last n. PMI, MIP, Funding Fee financed 00 I three years? ....,I-______=.='-j (1) did you you own own -- -- principal principal residence residence (1) What What type type of of property property did PR .;;.0,• ..:;;L;.;;o.::a;.;.n..:;;a;;.;m.;.;o..:;;u.;.;n.;..t,.;(a;.:d.::d..;m;.;..::&:..;n"'-_ _ _ _ _ .:3"'5c.::4J.;4"'O:.:O:.:..O:.;O";1 (PR), second home (SH), or investment property (IP)? . (2) How did you hold title to the home - - solely by yourself (S). SP p. Cash from Ito Borrower p. Cash from/to Borrower -9,015.33 jointly with your spouse (SP), or jointly with another person ~~----. I O? =..:...:.=..:.::.;.;..:..;;..:;c==..:...:.====___ -+____ GJOOO GJDDD ° -----_. -----_. -----_. I Each of the undersigned specifically represents reprasents to Lender and to Lender's actual or potential agents, brokers, processors, attorneys, insurers, sarvicers, 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 resutt in Civil civil liability, including monetary damages, to any person who may suffer any loss due to reliance upon any misrepresentation misrapresentation that I have made on information contained in this application may result this application, andlor and/or in criminal penalties including, but not limited to, fine or Imprisonment or both under the provisions of Titie Tille 18, United States Code, Sec. 1001, et 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 in this application; (3) the tha property will not be used for any illegal or prohibited purpose or use; (4) all statements made in this application are made mada for the purposa purpose of obtaining a residenllal residential mortgage loan; (5) the property will be occupied as indicated in this application; (6) the Lender, its servicers, successors or assigns may retain the original andlor and/or an electronic record of this application, whether or not the Loan is approved; (7) the Lender and its agents, brokers, Insurers, servicers. servicers, and/or supplement the information provided in this applicallon successors, and assigns may continuously rely on the information contained in the application, application. and I am obligated to amend andlor application if any of the material facts that I have represented herein should change prior to closing of the Loan; (8) in the avent bacome delinquent, delinquant, the Lender, its servicers, successors or event that my payments on the Loan become assigns 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 or more consumer reporting agencies; (9) ownership of the Loan andlor and/or administration of the Loan account may be transferrad transferred with such notice as may be required by law; (10) neither Lender nor its agents, brokers, Insurers, servicers, 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 defined in applicable federal andlor an "electroniC record" racord" containing my "electronic "alectronlc Signature," as those terms are dafined and/or state laws (excluding audio and video recordings), or my facsimile transmiSSion of this effective. enforceable and valid as if a paper varsion version of this application were delivered containing my original written signature. ba as effective, application containing a facsimile of my signature, shall be undarsigned hereby acknowledges that any owner of the Loan, its servicers, successors and aSSigns, may verify or reverify any information contained in this application Acknowledgement. Each of the undersigned ~~~~~~.:. or obtain any informa' n or data relating to the Loan, for any legitimate business purpose through any source, including a source named in this application or a consumer reporting agency. Date I Co-Borrower's Signature Ix I I Tha following Information is requested by the Federal Government for certain types of loans related to a dwelling in order to monitor the Ilender's compliance with equal credit opportunity, fair housing the basis of this and home mortgage disclosure laws. You are not required to furnish this Information, but are encouraged to do so. The law provides that a lender may not discriminate either eijher on Ihe ethnlclty and race. For race, II. If you furnish the information, please provide both elhnlclty raca, you may check more than one designation. If you do not furnish information, or on whether you choose to furnish It. ethnicity, race, or sex, under Federal regulations, this lender is required to note the Information on the basiS of visual observation and surname if you have made this ar.Plication In person. If you do not ~ti~~i~~~~ ~~fSeh the ~~e$i~~O:::;~t~~~,e~I:~~:~~~I~~lr~: bl:I~~~r(~e~~~~I~~s\Or~~i~wt~~~n:~~~:t~~~r~alht~ wish to furnish information, please check the 'b~~s box below. (Lender must review the above material to ~~~i~r:ft~~~Ut~~ assure that the o:i~~r~:~~e~ disclosures ~~1i:f~r~n~:qi~ir~~:~t~et:!~rc~hl~ear~~::\~n satisfy all requirements to which the ender Is s~bfee:ts~~d~r subject under Ya~Upl~ga~r~ applicable state law for the particular type of loan applied for.) -----------------------------------------------r,--------------------------------------------0 0 -----------------------------------------------r,--------------------------------------------[i] 0 0 A~:~I;a~a\?~~an 0 0 ~~:~I;a~at?~Jan 0 0 Af~i~a~rAmerican 0 Af~i~a~~merican o [i] 0 0 __ ____ ______________ _ ________________ -h _____________ BORROWER I do not wish to furnish this information. CO-BORROWER I CO·BORROWER I do not wish to furnish this information. Ethnlclty: His anic or Latino Not His anlc or Latino I Ethnlclty: His anic or Latino Not His anic or Latino Race: or Native Hawaiian or Asian I Race: I or Native Hawaiian or Asian -------------2lli~f~~~~~~-- 0 Sex: ~1L [i] Male Female Femala 0 I Sex: 2lli~f~~~~~~ Female 0 ~1L Male TObeComPl9tedby~~rView~I~~~~w~~Nam;~rintor~~)-------L--------INa~-~dAddressOt'~~Viewe~-Emp~y~----------- 6o ~:~~-to-face This application was taken by: interview Telephone 0 I I hvJ.,g.!:.<l.rJ..!_~ILIll2~I!..~ hvJ..£.!:.<l.rJ..!_~ILIll2~I!.~______________________ 1 1 First h:::~~e~~:i~~~U~~ ___________________ Residential Mortgage Services ::~:e:a:::~:9~v: :~~;~ ~~~! ::~:e:a:::~:g 1320 I Interviewer's Phone Number (incl. area code) I 1 1 1301-588-4270 I Internet --------------------~-----------------------------------~-----------------------------------~ 7/05 Freddie Mac Form 65 7/05 ~21 N (0507) ~ Page 3 of 4 Fannie Mae Form 10037/05 10037/05 Excelente Settlements - Produced 01/29/2010 ES Page 91 of 356 Case 10-00101 Doc 6-5 Filed 03/23/10 PLAINTIFFS' EXHIBIT E Use this continuation sheet If you need more space to complete the Residential Loan Application. Mark B for Borrower or C for Co-Borrower. Page 4 of 4 Placido Salazar r: 0001300 06MD-0000001300 *************************************ADDITIONAL LIABILITIES INFORMATION****************************************** Payment in Total Salance Balance In Total Payoff Required Payment Months Left Unpaid Salance Balance CHASE Revolving Acct#:5490922309012319 N N Y $29.00 42 $1,208.00 Y Y N $45.00 21 $909.00 Y Y N $10.00 55 $542.00 Y Y N $51.00 10 $505.00 Y Y N $15.00 24 $357.00 Y Y N $6.00 35 $210.00 aSBC NV Revolving Acct#:975028081704 aSBC/BSBUY aSBC/SSBUY Revolving Acct#:169601-0149955030 GEMB/EXXONM08IL Revolving Acct#:730285772107 GEMB/JCP Revolving Acct#:517805250234 MCYDSNB Revolving Acct#:4225531101220 I/We fully understand that it is a Federal crime punishable by fine or imprisonment, or both, to knowingly make any false statements concerning any of the above facts as applic Ie under the provisions of Title 18, United States Code, Section 1001, et seq. Date flt ~rOCQ fli ~roCQ Freddie Mac Form 65 7105 Fannie Mae Form 1003 7105 cD-21N (0507) ?!> Co-Borrower's Signature: X Page 4 of 4 Date Excelente Settlements - Produced 01/29/2010 ES Page 79 of 356 Case 10-00101 Doc 6-6 Filed 03/23/10 PLAINTIFFS' EXHIBIT F Page 1 of 4 NOTICE OF RIGHT TO CANCEL Loan Number: 06MD- 00000013 00 Borrowers: Placido Salazar, Maria N. Property Address: 604 Eldrid Drive, Salazar Silver Spring, Maryland 20904 YOUR RIGHT TO CANCEL You are entering into a transaction that will result in a mortgage, lien or security interest on or in your home. You have a legal right under federal law to cancel this transaction, without cost, within three business days from whichever of the following events occurs last: 1. the date of the transaction, which is OCTOBER 27, 2 006 2. the date you receive your Truth in Lending disclosures; or 3. the date you receive this notice of your right to cancel. ; or If you cancel the transaction, the mortgage, lien or security interest is also cancelled. Within 20 calendar days after we receive your notice, we must take the steps necessary to reflect the fact that the mortgage, lien or security interest on or in your home has been cancelled, and we must return to you any money or property you have given to us or to anyone else in connection with this transaction. You may keep any money or property we have given you until we have done the things mentioned above, but you must then offer to return the money or property. If it is impractical or unfair for you to return the property, you must offer its reasonable value. You may offer to return the property at your home or at the location of the property. Money must be returned to the address below. If we do not take possession of the money or property within 20 calendar days of your offer, you may keep it without further obligation. HOW TO CANCEL If you decide to cancel this transaction, you may do so by notifying us in writing, at FIRST RESIDENTIAL MORTGAGE SERVICES CORPORATION 570 SYLVAN AVENUE ENGLEWOOD CLIFFS, NEW JERSEY 07632 You may use any written statement that is signed and dated by you and states your intention to cancel, or you may use this notice by dating and signing below. Keep one copy of this notice because it contains important information about your rights. If you cancel by mail or telegram, you must send the notice no later than midnight of NOVEMBER 27, 2006 (or midnight of the third business day following the latest of the three events listed above). If you send or deliver your written notice to cancel sQme other way, it must be delivered to the above address no later than that time. I WISH TO CANCEL. Consumer's Signature Placido Salazar Date ACKNOWLEDGMENT OF RECEIPT EACH OF THE UNDERSIGNED HEREBY ACKNOWLEDGES THE RECEIPT OF TWO (2) COMPLETED COPIES OF THIS NOTICE OF RIGHT TO CANCEL. ~~/ 1.U.lJ)(O~ NOTICE OF RIGHT TO CANCEURESCISSION MODEL FORM H-8 (GENERAL) 03/17106 DocMagic~ 8()()'649-1362 www.docmagic.com Excelente Settlements - Produced 01/29/2010 ES Page 80 of 356 Case 10-00101 Doc 6-6 Filed 03/23/10 PLAINTIFFS' EXHIBIT F Page 2 of 4 • NOTICE OF RIGHT TO CANCEL Loan Number: 06MD-0000001300 Borrowers: Placido Salazar, Maria N. PropertyAddress:604 Eldrid Drive, Salazar Silver Spring, Maryland 20904 YOUR RIGHT TO CANCEL You are entering into a transaction that will result in a mortgage, lien or security interest on or in your home. You have a legal right under federal law to cancel this transaction, without cost, within three business days from whichever of the following events occurs last: 1. the date of the transaction, which is OCTOBER 27, 2006 2. the date you receive your Truth in Lending disclosures; or 3. the date you receive this notice of your right to cancel. ; or If you cancel the transaction, the mortgage, lien or security interest is also cancelled. Within 20 calendar days after we receive your notice, we must take the steps necessary to reflect the fact that the mortgage, lien or security interest on or in your home has been cancelled, and we must return to you any money or property you have given to us or to anyone else in connection with this transaction. You may keep any money or property we have given you until we have done the things mentioned above, but you must then offer to return the money or property. If it is impractical or unfair for you to return the property, you must offer its reasonable value. You may offer to return the property at your home or at the location of the property. Money must be returned to the address below. If we do not take possession of the money or property within 20 calendar days of your offer, you may keep it without further obligation. HOW TO CANCEL If you decide to cancel this transaction, you may do so by notifying us in writing, at FIRST RESIDENTIAL MORTGAGE SERVICES CORPORATION 570 SYLVAN AVENUE ENGLEWOOD CLIFFS, NEW JERSEY 07632 You may use any written statement that is signed and dated by you and states your intention to cancel, or you may use this notice by dating and signing below. Keep one copy of this notice because it contains important information about your rights. If you cancel by mail or telegram, you must send the notice no later than midnight of NOVEMBER 27, 2006 (or midnight of the third business day following the latest of the three events listed above). If you send or deliver your written notice to cancel some other way, it must be delivered to the above address no later than that time. I WISH TO CANCEL. Consumer's Signature Maria N. Salazar Date ACKNOWLEDGMENT OF RECEIPT EACH OF THE UNDERSIGNED HEREBY ACKNOWLEDGES THE RECEIPT OF TWO (2) COMPLETED COPIES OF THIS NOTICE OF RIGHT TO CANCEL. NOTICE OF RIGHT TO CANCEL/RESCISSION MODEL FORM H·8 (GENERAL) 03/17/06 DocMagic ~ 800-649·1362 www.docmagic.com Excelente Settlements - Produced 01/29/2010 ES Page 81 of 356 Case 10-00101 Doc 6-6 Filed 03/23/10 PLAINTIFFS' EXHIBIT F Page 3 of 4 NOTICE OF RIGHT TO CANCEL Loan Number: 06MD-0000001300 Borrowers: Placido Salazar, Maria N. Salazar PropertyAddress:604 Eldrid Drive, Silver Spring, Maryland 20904 YOUR RIGHT TO CANCEL You are entering into a transaction that will result in a mortgage, lien or security interest on or in your home. You have a legal right under federal law to cancel this transaction, without cost, within three business days from whichever of the following events occurs last: 1. the date of the transaction, which is OCTOBER 27, 2006 2. the date you receive your Truth in Lending disclosures; or 3. the date you receive this notice of your right to cancel. ; or If you cancel the transaction, the mortgage, lien or security interest is also cancelled. Within 20 calendar days after we receive your notice, we must take the steps necessary to reflect the fact that the mortgage, lien or security interest on or in your home has been cancelled, and we must return to you any money or property you have given to us or to anyone else in connection with this transaction. You may keep any money or property we have given you until we have done the things mentioned above, but you must then offer to return the money or property. If it is impractical or unfair for you to return the property, you must offer its reasonable value. You may offer to return the property at your home or at the location of the property. Money must be returned to the address below. If we do not take possession of the money or property within 20 calendar days of your offer, you may keep it without further obligation. HOW TO CANCEL If you decide to cancel this transaction, you may do so by notifying us in writing, at FIRST RESIDENTIAL MORTGAGE SERVICES CORPORATION 570 SYLVAN AVENUE ENGLEWOOD CLIFFS, NEW JERSEY 07632 You may use any written statement that is signed and dated by you and states your intention to cancel, or you may use this notice by dating and signing below. Keep one copy of this notice because it contains important information about your rights. If you cancel by mail or telegram, you must send the notice no later than midnight of NOVEMBER 27, 2006 (or midnight of the third business day following the latest of the three events listed above). If you send or deliver your written notice to cancel some other way, it must be delivered to the above address no later than that time. I WISH TO CANCEL. Consumer's Signature Placido Salazar Date ACKNOWLEDGMENT OF RECEIPT EACH OF THE UNDERSIGNED HEREBY ACKNOWLEDGES THE RECEIPT OF TWO (2) COMPLETED COPIES OF THIS NOTICE OF RIGHT TO CANCEL. [{ {m{ DC{ Date NOTICE OF RIGHT TO CANCEL/RESCISSION MODEL FORM H·B (GENERAL) 03/17/06 DocMagic ~ 800·649·1362 www.docmagic.com Excelente Settlements - Produced 01/29/2010 ES Page 82 of 356 Case 10-00101 Doc 6-6 Filed 03/23/10 PLAINTIFFS' EXHIBIT F Page 4 of 4 NOTICE OF RIGHT TO CANCEL Loan Number: 06MD-0000001300 Borrowers: Placido Salazar, Maria N. PropertyAddress:604 Eldrid Drive, Salazar Silver Spring, Maryland 20904 YOUR RIGHT TO CANCEL You are entering into a transaction that will result in a mortgage, lien or security interest on or in your home. You have a legal right under federal law to cancel this transaction, without cost, within three business days from whichever of the following events occurs last: 1. the date of the transaction, which is OCTOBER 27, 2006 2. the date you receive your Truth in Lending disclosures; or 3. the date you receive this notice of your right to cancel. ; or If you cancel the transaction, the mortgage, lien or security interest is also cancelled. Within 20 calendar days after we receive your notice, we must take the steps necessary to reflect the fact that the mortgage, lien or security interest on or in your home has been cancelled, and we must return to you any money or property you have given to us or to anyone else in connection with this transaction. You may keep any money or property we have given you until we have done the things mentioned above, but you must then offer to return the money or property. If it is impractical or unfair for you to return the property, you must offer its reasonable value. You may offer to return the property at your home or at the location of the property. Money must be returned to the address below. If we do not take possession of the money or property within 20 calendar days of your offer, you may keep it without further obligation. HOW TO CANCEL If you decide to cancel this transaction, you may do so by notifying us in writing, at FIRST RESIDENTIAL MORTGAGE SERVICES CORPORATION 570 SYLVAN AVENUE ENGLEWOOD CLIFFS, NEW JERSEY 07632 You may use any written statement that is signed and dated by you and states your intention to cancel, or you may use this notice by dating and signing below. Keep one copy of this notice because it contains important information about your rights. If you cancel by mail or telegram, you must send the notice no later than midnight of NOVEMBER 27, 2006 (or midnight of the third business day following the latest of the three events listed above). If you send or deliver your written notice to cancel some other way, it must be delivered to the above address no later than that time. I WISH TO CANCEL. Consumer's Signature Maria N. Salazar Date ACKNOWLEDGMENT OF RECEIPT EACH OF THE UNDERSIGNED HEREBY ACKNOWLEDGES THE RECEIPT OF TWO (2) COMPLETED COPIES OF THIS NOTICE OF RIGHT TO CANCEL. tt{JJl( O~ Date NOTICE OF RIGHT TO CANCEL/RESCISSION MODEL FORM H-8 (GENERAL) 03/17/06 DocMagic ~ 800-649-1362 www.docmagic.com Excelente Settlements - Produced 01/29/2010 ES Page 83 of 356 Case 10-00101 Doc 6-7 Filed 03/23/10 PLAINTIFFS' EXHIBIT G Page 1 of 3 TRUTH-IN-LENDING DISCLOSURE STATEMENT (THIS IS NEITHER A CONTRACT NOR A COMMITMENT TO LEND) LENDER OR LENDER'S AGENT: 0 First Residential Mortgage Services Corporation Preliminary W Final 8757 Georgia Ave. Suite 1320 Silver Spring, MARYLAND 20910 DATE: 11/20/2006 LOAN NO.: 06MD-0000001300 BORROWERS: Placido Salazar Type of Loan: Conven tional Maria N. Salazar 07 FIXIO Interest Only 7.750% ADDRESS: 604 Eldrid Drive CITY/STATE/ZIP: Silver Spring, MD 20904 PROPERTY: 604 Eldrid Drive, Woodlawn Terrace, MARYLAND 20904 AN RATE FINANCE CHARGE The cost of your credit as a yearly rate. The dollar amount the credit will cost you. Amount Financed Total of Payments The amount of credit provided to you or The amount you will have paid after you have made all payments as scheduled. on your behalf. CXJ This loan does not have a Demand Feature. DEMAND FEATURE: This loan has a Demand Feature as follows: Index value: 0.000% Lock date: 11/13/2006 o VARIABLE RATE FEATURE: This Loan has a Variable Rate Feature. Variable Rate Disclosures have been provided to you earlier. SECURITY: You are giving a security interest in the property located at: ASSUMPTION: Someone buying this property 604 Eldrid Drive, Woodlawn Terrace, MARYLAND cannot assume the remaining balance due under original mortgage terms [XJ may assume, subject to lender's conditions, the remaining balance due under original mortgage terms. FILING I RECORDING FEES: 100.00 $ PROPERTY INSURANCE: with a mortgagee clause to the lender Property hazard insurance in the amount of $ 590.00 is a required condition of this loan. Borrower may purchase this insurance from any insurance company acceptable to the lender. Hazard insurance 0 is [i] is not available through the lender at an estimated cost of late, a late charge of $0.00 5 • 0 • 00 for a year term. paymen t will be assessed. PREPAYMENT: Dmay Dmay If you payoff your loan early, you [i] will not [i] will not have to pay a penalty. be entitled to a refund of part of the finance charge. See your contract documents for any additional information regarding non-payment, default, required repayment in full before scheduled date, and prepayment refunds and penalties. e means estimate I/We / a complete copy of this disclosure. ') n Ilfao(o~~, ;\01 :;~;:~~~~;=====~~=t====--~~-----:B:O:RR:O:W::E~~:AT::E ~~zar CZr A_-.BORROWE~ATE BORROWE~ATE BORROWE~ATE 06MD-0000001300 ~ -T88 ~ (0412).02 0:[:02006 CBF Systems, tnc. VMP Mortgage Solutions. Inc. (800)521·7291 The contents of this form in whole or In part are protected under the copyright laws of the United States. Page 1 of 2 12/04 Excelente Settlements - Produced 01/29/2010 ES Page 84 of 356 Case 10-00101 Doc 6-7 Filed 03/23/10 PLAINTIFFS' EXHIBIT G Page 2 of 3 DEFINITION OF TRUTH-IN-LENDING TERMS ANNUAL PERCENTAGE RATE This is not the Note rate for which the borrower applied. The Annual Percentage Rate (APR) is the cost of the loan in percentage terms taking into account various loan charges of which interest is only one such charge. Other charges which are used in calculation of the Annual Percentage Rate are Private Mortgage Insurance or FHA Mortgage Insurance Premium (when applicable) and Prepaid Finance Charges (loan discount, origination fees, prepaid interest and other credit costs). The APR is calculated by spreading these charges over the life of the loan which results in a rate generally higher than the interest rate shown on your MortgagelDeed of Trust Note. If interest was the only Finance Charge, then the interest rate and the Annual Percentage Rate would be the same. PREPAID FINANCE CHARGES Prepaid Finance Charges are certain charges made in connection with the loan and which must be paid upon the close of the loan. These charges are defined by the Federal Reserve Board in Regulation Z and the charges must be paid by the borrower. Non-Inclusive examples of such charges are: Loan origination fee, "Points" or Discount, Private Mortgage Insurance or FHA Mortgage Insurance, Tax Service Fee. Some loan charges are specifically excluded from the Prepaid Finance Charge such as appraisal fees and credit report fees. Prepaid Finance Charges are totaled and then subtracted from the Loan Amount (the face amount of the Deed ofTrustIMortgage Note). The net figure is the Amount Financed as explained below. FINANCE CHARGE The amount of interest, prepaid finance charge and certain insurance premiums (if any) which the borrower will be expected to pay over the life of the loan. AMOUNT FINANCED The Amount Financed is the loan amount applied for less the prepaid finance charges. Prepaid finance charges can be found on the Good Faith Estimate/Settlement Statement (HUD-l or lA). For example if the borrower's note is for $100,000 and the Prepaid Finance Charges total $5,000, the Amount Financed would be $95,000. The Amount Financed is the figure on which the Annual Percentage Rate is based. TOTAL OF PAYMENTS This figure represents the total of all payments made toward principal, interest and mortgage insurance (if applicable). PAYMENT SCHEDULE The dollar figures in the Payment Schedule represent principal, interest, plus Private Mortgage Insurance (if applicable). These figures will not reflect taxes and insurance escrows or any temporary buydown payments contributed by the seller. 06MD-0000001300 C!IIIt ·788 ...: Initials: (0412).02 H V'll S Page 2 of 2 PSG Excelente Settlements - Produced 01/29/2010 ES Page 85 of 356 Case 10-00101 Doc 6-7 Filed 03/23/10 PLAINTIFFS' EXHIBIT G e Page 3 of 3 e ITEMIZATION OF AMOUNT FINANCED LENDER: First Residential Mortgage Services Corporation DATE November 20, 2006 LOAN NO. 06MD-0000001300 TYPE 07 FIXIO 8757 Georgia Ave. Suite 1320 BORRO\VERS Placido Salazar, Maria N. Salazar Silver Spring, MARYLAND ADDRESS 604 Eldrid Drive 20910 CITY / STATE / ZIP Silver Spring, MD 20904 PROPERTY 604 Eldrid Drive Silver Spring, MD 20904 ITEMIZA TION OF THE AMOUNT FINANCED $ 348,598.32 $ ___~$=3=54~,4=0~0~.=0~0_____ AMOUNT GIVEN TO YOU DIRECTLY $ ______~$~10~,4~1~7~.=8~8_____ AMOUNT PAID ON YOUR ACCOUNT AMOUNTS PAID TO OTHERS ON YOUR BEHALF: PAYEE / FOR FRMSC I Loan Amount FRMSC I Origination Fee Residential Appraisal Service, LLC I Appraisal Fee Landsafe Credit, Inc I Credit Report FRMSC I Tax Service Fee FRMSC I Commitment Fee FRMSC I Application Fee Landsafe Flood Cert. I Flood Certification Fee Excelente Settlements I Settlement or Closing fee Excelente Settlements I Abstract or Title Search Excelente Settlements I Title Examination Excelente Settlements I Title Insurance Binder Excelente Settlements I Document Preparation Fee Excelente Settlements I Title Insurance Excelente Settlements I Courier Fee Recording Fees 2nd. half Taxes Release $ ________~$:2=28~.8~8~_____ Prepaid Interest $354,400.00 $4,252.80 $350.00 $-27.00 $78.00 $450.00 $350.00 $12.00 $295.00 $195.00 $65.00 $50.00 $50.00 $1,002.00 $85.00 $100.00 $1,543.98 $150.00 PRE PAID FINANCE CHARGE $228.88 ACKNOWLEDGE RECEIPT OF AMOUNT FINANCED ITEMIZATION, SET FORTH IN THIS AMOUNT FINANCED ITEMIZATI AND AUTHORIZE DIRECT DATE BORROWER DATE BORROWER DATE E= ESTIMATED ".768 lr.. (0411) VMP Mortgage Solutions, Inc. (800)521·7291 11/04 Excelente Settlements - Produced 01/29/2010 Case 10-00101 Doc 6-8 Filed 03/23/10 ES Page 12 of 356 Page 1 of 4 PLAINTIFFS' EXHIBIT H ~OO'd 1V.LO.L NOTICE OF RIGHT TO CANCEL Loan Number: 06MD-0000001300 Bonowem: Placido Salazar, Maria N. Salazar P.ro~ttyA~s:604 Eldrid Drive, Silver Spring, Maryland 20904 YOUR RIGHT TO CANCEL You are entering into a transaction that will result in a mortgage. lien or security interest on or in your home. You have a legal right under federal law to cancel this transaction, without cost. within three business days from whichever of the following events occurs last: 1. the date of the tnmsltction. which is NOVEMBER 2 0, 2. the date you receive your Truth in Lending disClosures; or 3. the date you receive this notiee of your right to cancel. 2006 ; or If you cancel the transaction. the mortgage, lien or security interest is also ~lled. Within 20 calendar days after we receive your notice, we must take the steps necessary to reflect the fact that the mortgage. lien or security interest on or in your home has been cancelled. and we must return to you any money or p~ you have given to us or to anyone else in connection with this transaction. You may keep any money or property we have given you until we have done the things mentioned abOve, but you must then offer to return the money or property. If it is impractical or unfair tOr you to return the property. you must offer its reasonable value. You may offer to return the property at your home or at the location of the propertY. Money must be returned to the address below. If we do not take possession of the money or property within 20 calendar days of your offer, . you may keep it without further obligation. HOW TO CANCEL If you decide to cancel this transaction, you Jll;ly do so by notifying us in writing, at FIRST RESIDENTIAL MORTGAGE SERVICES CORPORATION 570 SYLVAN AVENUE ENGLEWOOD CLIFFS, NEW JERSEY 07632 You may use any written statement that is signed and dated by you and states your intention to cancel, or you may use this notice by dating and signing below. Keep one copy of this notice because it contains important information about your rights. If you cancel by mail or telegram, you must send the notice no later than midnight of NOVEMBER 24, 2006 (or midnight of the third business day following the latest of the three events listed above). If you send or deliver your written notice to cancel some other way, it must be delivered to the above address no later than that time. I WISH TO CANCEL. Consumer's Signature Date Maria N, Salazar ACKNOWLEDGMENT OF RECEIPT EACH OF THE UNDERSIGNED HEREBY ACKNOWLEDGES THE RECEIPT OF TWO (2) COMPLETED COPIES OF TInS NOTICE OF RIGHT TO CANCEL. Maria N. Salazar Date NOTICE OF RIGHT TO CANC~LJR~SCISSION MODEL FOAM H·8 (G~N~RAL) 03117/06 ~OO'd 6Z0~889lO8 aw 1Vl.LN3aIS3H .LSHld Z8:Ll 900Z-ZZ-AON Excelente Settlements - Produced 01/29/2010 -, ES Page 13 of 356 NOTICE OF RIGHT TO CANCEL Loan Number: 06MD-0000001300 Bonow~: Placido Salazar, Maria N. Salazar P.ro~yAd~;604 Eldrid Drive, Silver Spring, Maryland 20904 YOUR RIGHT TO CANCEL You are entering into a transaction that will ~t in a mortgage, lien or security interest on or in your home. You have a legal right under federal law to cancel this transaction, without cost, within three business days from whichever of the following events occurs last: \. the date of the transaction, which is NOVEMBER 20, 2006 2. the date you receive your Truth in Lendinj.]; disclosures; or 3. !he date you receive this notice of your rig::tt to cancel. ; or If you cancel the transaction. the mongage, lien or security interest is also caneeJle<l. Within 20 calendar days after we receive your notice, we must take the steps necessary to reflect the fact that the mortgage, lien or security interest on or in your home has been cancelled. and we must rt:t\llll to you any money or property you have given to us or to anyone else in connection with this transaction. You may keep any money or property we have ,~ven you until we have done the things mentioned above, but you must then offer to return the money or property. If it iE, impractical Or unfair for you to return the property, you must offer its ressonable value. You may offer to return the p~ at your home or at the location of the property. Money must be returned to the address below. If we do not take: possession of the money or property within 20 calendar days of your offer. you may keep it without further obligation. HOW TO CANCEL Jf you decide to cancel this transaction, you may do so by notifying us in writing, at FIRST RESIDENTIAL MORTGAGE SERVICES CORPORATION 570 SYLVAN AVENUE ENGLEWOOD CLIFFS, NEW JERSJ;:Y 07632 You may u.se any written statement that is signl:d and daled by you and states your intention to cancel, or you may use this notice by dating and signing below. Keep one copy of this notice because it contains important information about your rights. If you cancel by mail or telegram. you must send the notice no later than midnight of NOVEMBER 24, 2006 (or midnight of the third business day following !he latest of the three events listed above). If you send or deliver your written notice to cancel some other way, it must be delivered to the above address no IlUer than that time. I WISH TO CANCEL. Consumer's Signature Date Placido Salazar ACKNOWLEDGMENT OF RECEIPT EACH OF THE UNDERSIGNED HEREBY ACKNOWLEDGES THE RECEIPT OF TWO (2) COMPLETED COPIES OF THIS NOTICE OF RIGHT iO CANCEL. Placido Salazar Date NOTICE OF RIGHI TO CANCEL/RESCISSION MODEL FORM H-S (GENERAL) 03117106 PLAINTIFFS' EXHIBIT H Filed 03/23/10 Page 2 of 4 6Z0v889~08 ow Z8:L~ 1VIlN30IS3M lSMld Doc 6-8 800'd Case 10-00101 900Z-ZZ-AON Excelente Settlements - Produced 01/29/2010 ES Page 14 of 356 Case 10-00101 Doc 6-8 Filed 03/23/10 Page 3 of 4 PLAINTIFFS' EXHIBIT H Previous editions are obsolete A. form HUO-1 (3/86) ref Handbook 4305.2 Settlement Statement u.s. Department of Housing and Urban Development B. Tvpe of Loan OMB Aooroval No. 1. OFHA 2. OFmHA 4. OVA 5. OConv. Ins. C. Note: 3. i1Conv. Unins. I 6. File Number 2502-0265 I 7. Loan Number ES062006 (expires ADDRESS: E. NAME OF SELLER: FINAL I 8. Mortgage Insurance Case Number 06MDOOOOO1300 This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for information purposes and are not included in the totals. :~~~t:~~~~~i~n~I~~~ ';. i?n~n~:':~~~rT,.~~~~~~eFS~~~~:ir;~~~~~~tl~ ni~e~ s~at~~g~ ~h~~tf~na~6001th:~ds~~~~:~T!J16enalties upon D. NAME OF BORROWER: 9/30/2006) I TitleExpress Settlement System Printed 11/22/2006 at 17:37 AR Maria N Salazar and Placido Salazar a/k/a Placido Salazar Claros 604 Eldrid Drive Silver Spring. MD 20904 REFINANCE ADDRESS: First Residential Mortgage Services Corp. 570 Svlvan Avenue Englewood Cliffs NJ 07632 G. PROPERTY ADDRESS: 604 Eldrid Drive, Silver Spring, MD 20904 Woodlawn Terrace Lot 15 Block 2 H. SETTLEMENT AGENT: Excelente Settlements, Inc., Phone: 301-838-4010 FAX: 301-548-9241 PLACE OF SETTLEMENT: 401 N. Washington Street Suite 950 Rockville MD 20850 1. SETTLEMENT DATE: 1112012006 1112712006 DISBURSEMENT DATE: K. SUMMARY OF SELLER'S TRANSACTION: J. SUMMARY OF BORROWER'S TRANSACTION: 100. GROSS AMOUNT DUE FROM BORROWER 400. GROSS AMOUNT DUE TO SELLER F. NAME OF LENDER: ADDRESS: 101. Contract sales orice 401. Contract sales orice 102. Personal Prooertv 402. Personal Prooertv 103. Settlement charaes to borrawer (line 1400) 104 Pavoff:106764203-1 Countrywide Home Loans 105. 9 919.99 330 436.95 403. 91,174.33 405. 404. Inc. Pavoff Other Loans Pavoff $82 854.33 0014482483 to:EMC Mortoaae CorDoration Pavoff $5210.0035320167962842 to:THD CBSD Pavoff $1 568.00603461005825 to:GEMB 1 Home Desian Pavoff $1542.0079192421032 to:GEMB 1 Lowes Adiustments for items oaid bv seiler in advance Adiustments for items paid bv seiler in advance 109. 1 208.00 Pavoff to Chase 409. 110. 410. 111. 411. 112. 120. 200. 201 412. GROSS AMOUNT DUE TO SELLER AMOUNTS PAID BY OR ON BEHALF OF BORROWER Dennsit 501. Excess Deoosit (see instructions) 01" e~rnes\ monev 202. PrinciDal amount of new loans 203. Existina loan(s) taken sub·ect to 204. 432 739.27 420. 500. GROSS AMOUNT DUE FROM BORROWER 354 400.00 Excelente Courtesv Credit Excelente Settlements 502. Settlement charaes tn seller (line 1400\ 503. Existina loan(s) taken sub·ect to 145.00 504. 87 133.30 506. Inc. 205. 206. REDUCTIONS IN AMOUNT DUE TO SELLER 505. Proceeds from 2nd Trust 207. 507. 208. 508. 209. 509. Adjustments for items unpaid bv seiler Adiustments for items unpaid bv seiler 213 513. 214. 514. 215. 515 216. 516. 217. 517. 218. 518 219 519. 220. 300. TOTAL PAID BY/FOR BORROWER 301. Gross amount due from borrower (line 120) 302. Less amounts oaid bvlfor borrower (line 220\ 303. CASH TO BORROWER 441 678.30 520. 600. TOTAL REDUCTION AMOUNT DUE SELLER 432 739.27 441 678.30 601. Gross amou nt due to seller (line 420) 602. Less reduction amount due seller (line 520) 8 939.03 603. CASH TO SELLER CASH AT SETTLEMENT FROM OR TO BORROWER CASH AT SETTLEMENT TO OR FROM SELLER 0.00 Excelente Settlements - Produced 01/29/2010 ES Page 15 of 356 Case 10-00101 Doc 6-8 Filed 03/23/10 Page 4 of 4 PLAINTIFFS' EXHIBIT H form HUD-l (3/86) ref Handbook 4305.2 Previous editions are obsolete File Number: ES062006 SETTLEMENT STATEMENT TitlpFxnrp •• !,;pttlpmpnl !';v.lF!m P rinlF!ri 11/22/2006 "I 1 ':37 AR PAID FROM l. SETTLEMENT CHARGES 700. TOTAL SALES/BROKER'S COMMISSION based on orir.F! $ @ 0_000 Division of ~n~~;oo;nn (line 700) as follows: $ In 702. $ 10 701 FINAL U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SELLER'S FUNDS AT FUNDS AT SETTLEMENT SETTLEMENT 800, ITEMS PAYABLE IN CONNECTION WITH LOAN 1_ 200 o/c 802. Loan Discount First Residential Mortgage Services CorD_ 4 252.80 % 350.00 803. Aooraisal FF!e tn 804. Credit Reoort tn Residential ADDraisals Landsafe Credit Inc In First Residential Mortqaqe Services Corp. 350.00 Landsafe Flood Cert. First Residential Mortgaae Services CorD. to First Residential Mortqaqe Services Corp. 12.00 (P.O.C.) 50.00 Buver -27.00 805. Lender's Insoection Fee 806. Aoolir.alinn Fee 807. Assumotion Fee 808. 809. Flood Certification Fee In 810. Tax Service Fee to 811. Commitment Fee 78.00 450.00 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Inlere.1 From 11/27/2006 In 12/01/2006 902. Mortoaoe Insurance Premi m fnr to 903. Hazard Insurance Premium for tn 4 76.2944/d"v t1il'l: Davs 305.18 (P.O.C.1 590.00 Buver 904. 905. 1000. RESERVES DEPOSITED WITH LENDER FOR 1002. Morioaoe Insurance mo. 1003. Citv Prooertv Tax mn. t1il 'I: 1004. CountvProoerivTax 2 mn. 1005. Ann,,"1 A.'F!.'mF!nl. mo. 1009. Aoareoale Analvsis Adi".lmF!nl In Imn f1i) $ Imo f1i) $ 257.34 Imo $ Imn f1i) 196.68 49.17/mo 4 mn. t1il 'I: 1001. Hazard Insurance 514.68 First Residential Mortqaqe Services Corp. -98.33 1100. TITLE CHARGES 1101. Settlement or closino fee 1102. Abslr"r.1 nr lillF! .F!"rr.h 1103. Title examination 1104. Title insurance binder 1105. Document Preoaralion to 295.00 In 195.00 Excelente Settlements Inc. Janet Kelemen Gallerv Title Services In Excelen te Settlements Inc. Inc. to Excelente Settlements Inc. to Excelente Settlements 65.00 50.00 50.00 1106. Notarv Fees 1107. Attornev's fees (includes above items No: 1108. Tille InsurancF! \ In First American Title Insurance Companv 1 002.00 ) !includes above items Nn: 354 400.00 1109. Lender's Policv - 1 002.00 1110.0wnF!r'.Polir.v 1111. 1112. FedexlCourier Fee to Excelente Settlements, Inc. 85.00 1113. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES . Mnrtn"n .. 'I: 40.00 1201. Recordina Fees Deed $ . Release $ 1202. State Recordation Tax Deed $ · Mortaaae $ 1203. Siale Tr"n.fF!r Tax n .... ri !Ii · Mortoaoe $ 1204, Countv Transfer Tax DF!F!d $ · Mortoaoe $ 1205. 2nd half orooertv taxes to Montaomerv County 60.00 Maryland 100.00 1.543.98 1300. ADDITIONAL SETTLEMENT CHARGES 1301. Survev 1302. Pest Insoection 1303. 1304. Release PreoarationlTrar.kino In 1305 DocumF!nllm""inn In Excelente Settlements Excelente Settlements Inc. Inc. 150.00 1306. 1307. 1308. 1400. TOTAL SETTLEMENT CHARGES (enter on lin". 103 Seclion J and 502 Section K) PAID FROM BORROWER'S 703, Cnmmi .. inn n"iri "I !';F!ttlF!mpnl 801. Loan Orioination Fee PAGE 2 9 919.99 Case 10-00101 Doc 6-9 Filed 03/23/10 Page 1 of 2 Case 1:05-cv-01428-WDQ Document 66-5 Filed 03/07/06 Page 11 of 14 PLAINTIFFS' EXHIBIT I MIA's "Best Price" Rule Historical Position The MIA believes that consumers are entitled to receive the Best Price insurance premium for which they qualify. The "Best Price" rule states An individual insurer or insurance group consisting of multiple insurers must always place a consumer in the most favorably priced (least expensive) insurer / tier for which the consumer qualifies. Exception to the "Best Price" rule Insurance groups / individual insurers that utilize different distribution systems are permitted to exclude consumers from eligibility within those insurers / tiers that represent distribution systems for which the consumer does not qualify. However, the consumer must always be given the Best Price within the distribution system for which they qualify. Examples of different distribution systems would include: affinity groups vs. general public or direct writers vs. independent agents. Statutory Authority The MIA's Best Price rule stems from the authority granted under §27-501 and §27-212. Questions & Answers 1. Does Agent Enforcement, Consumer Complainants, Market Conduct and Rates & Forms treat this issue similarly? Yes, each unit consistently and uniformly enforces the MIA's Best Price rule. 2. Is an insurance group that consists of multiple insurers legally required to appoint every agent to every insurer within the group? There is no law requiring a group to appoint every agent with every insurer within the group. However, if it is determined that a non-appointed agent did not provide the group's Best Price to an applicant / policyholder, the MIA may initiate an enforcement action against the group. Therefore, the MIA recommends that every agent be appointed by every insurer within the group for that distribution system for which the agent is eligible. 3. Is it a violation of law for an insurance group to place an applicant in the most favorable insurer if the agent submitting the application is not appointed with the most favorable insurer? 11 Case 10-00101 Doc 6-9 Filed 03/23/10 Page 2 of 2 Case 1:05-cv-01428-WDQ Document 66-5 Filed 03/07/06 Page 12 of 14 PLAINTIFFS' EXHIBIT I Yes, such an action would violate the law. However, if the group does not place the applicant in the most favorably priced insurer, the group is violating the MIA's Best Price rule and is subject to an enforcement action. 4. What is the MIA's position when an insurance group I individual insurer purchases an existing book of business from another insurer that is withdrawing from that line of insurance? The withdrawing insurer must send notice of non-renewal to policyholders pursuant to its approved withdrawal plan and, at the first policy renewal with the new insurer, each policyholder must be reunderwritten in accordance with the MIA's Best Price rule. 5. What is the MIA's position when an insurance group I individual insurer purchases an existing book of business from another insurer that is not withdrawing from that line of insurance? In those cases where the insurer being purchased is not officially withdrawing from a line of business, the insurer purchasing the existing book of business is actually only acquiring the right to solicit renewals. Policyholders may not be forced to leave their current insurer if they elect not to do so. Each policyholder being solicited in the new insurer must be reunderwritten in accordance with the MIA's Best Price rule. 6. What is the MIA's position when an insurance group I individual insurer purchases another insurer? Within a reasonable period after the purchase is finalized (subject to negotiation with the MIA). the new group must begin reunderwriting current policyholders and underwriting new applicants in accordance with the MIA's Best Price rule. 7. How often must an insurance group I individual insurer reunderwrite their policyholders to ensure compliance with the MIA's Best Price rule? Every policyholder must be reunderwritten in accordance with the insurer's renewal underwriting program.' • Edition Date - 11/28/00 12 Case 10-00101 Doc 6-10 Filed 03/23/10 I Page 1 of 14 PLAINTIFFS' EXHIBIT J First American American Title Title Insurance Insurance First Company Company The World World Trade Trade Center Center -- Baltimore Baltimore The 401 East East Pratt Pratt Street, Street, Suite Suite 323 323 401 Baltimore, MD MD 21202 21202 Baltimore, (410) 783-0400 783-0400 (410) (800) 445-6024 445-6024 (800) (410) 783-2932 783-2932 FAX FAX (410) Case 10-00101 Doc 6-10 TITLE INSURANCE RATES FOR THE STATE OF MARYLAND The rates herein quoted are for title insurance only and do NOT include charges for searches, abstracts, attorney's fees, escrow or closing service performed and charged for by local attorneys. The rates quoted herein exclude extra hazardous risk. All premiums quoted are net to the Company and the Company reserves the right to reject any application not satisfactory to it. Attorneys approved by the Company for use by applicants and whose opinions it accepts do not represent the Company and are not its agents for any purpose. No attorneys' fees, or other charges incurred in the preparation of the title insurance are borne by the Company unless expressly ordered by it. Further detailed information will be given on request. For situations not covered herein, please contact our office. NOTE: To compute any insurance premium on a fractional thousand of Insurance (except as to minimum premium), multiply such fractional thousand by the rate per thousand applicable, considering any fraction of $1,000 as a full $1,000. Filed 03/23/10 Page 2 of 14 PLAINTIFFS' EXHIBIT J INDEX Commitment (Binder For Title Insurance............................... 1 Original Title Insurance Rates For Owner's Or Leasehold Insurance....................................... 2 Original Title Insurance Rates For "First Mortgages" ................... 3 Title Insurance Rates For Second Mortgages... ... .................. 4 Simultaneous Issue Rate................... 5 Owner's Or Leasehold Reissue Rates................................ 5 "First Mortgages" Reissue Rates..... 7 Title Insurance Rates For Substitution Loans........................ 10 County Court House Phone Numbers 11 ALTA Rate Schedules ......................... 12 Eagle Rate Schedules ..... ................... 45 Case 10-00101 Doc 6-10 COMMITMENT (BINDER) FOR TITLE INSURANCE A title insurance commitment (binder) is issued to show the liens, defects, and objections to the title to be paid or removed before a policy can be issued, and the exceptions, if any, which will appear in the policy when issued. It is also a binding obligation of the Company to issue its policy when the requirements of the commitment (binder) have been satisfied. A temporary construction loan commitment (binder) may be issued to cover the mortgagee's financing of construction secured by a temporary deed of trust, good for a period of up to 24 months, at the rate of $1.00 per $1,000.00 of liability written. If the policy committed for under the commitment (binder) is requested, the premium will be at the applicable mortgagee rates, and the premium charge for the commitment (binder) may be credited to the cost of the policy. 1 Filed 03/23/10 Page 3 of 14 PLAINTIFFS' EXHIBIT J ORIGINAL TITLE INSURANCE RATES FOR OWNER'S OR LEASEHOLD An owner's policy, insuring the fee simple estate, cannot be issued for less than the sales price of the property or, in the event there is no sale, for less than the full reasonable value of the premises. An owner's policy, insuring a leasehold estate, cannot be issued for less than the reasonable value of said leasehold estate, which value shall be arrived at by negotiation with the insured. The premium charge for original owner's or leasehold insurance shall be: Per Thousand Up to $250,000 of liability written...................... $3.50 Over $250,000 and up to $500,000, add............ 3.00 Over $500,000 and up to $1,000,000, add......... 2.50 Over $1,000,000 and up to $5,000,000, add...... 2.00 Over $5,000,000, add........................................... 1.50 Minimum premium.............................................. 140.00 2 Case 10-00101 Doc 6-10 ORIGINAL TITLE INSURANCE RATES FOR "FIRST MORTGAGES" Filed 03/23/10 Page 4 of 14 PLAINTIFFS' EXHIBIT J The premium charge for original first mortgagee title insurance shall be: Per Thousand (The word "Mortgages" shall be construed to mean any instrument commonly used in any given jurisdiction to secure a loan on real estate.) A first mortgage policy cannot be issued for an amount less than the full principal debt. A policy can, however, be issued for an amount up to 125% of the principal debt to reimburse for interest, foreclosure costs, etc. Mortgagee insurance expires with the payment or the satisfaction of the mortgage described in the policy, except when satisfied by foreclosure or other lawful means of acquiring title in settlement of the mortgage debt. A new mortgage given to renew an old mortgage debt which was originally covered by insurance is a new transaction, creating a new liability, and if insured, carries the original mortgagee insurance rate, unless it comes within the classifications of "Re-issue Title Insurance Rates for First Mortgages" or "Title Insurance Rates for Substitution Loans." 3 Up to $250,000 of liability written ..................... . $2.50 Over $250,000 and up to $500,000, add .......... .. 2.00 Over $500,000 and up to $1,000,000, add ........ . 1.75 Over $1,000,000 and up to $5,000,000, add ..... . 1.50 Over $5,000,000, add ......................................... .. 1.00 Minimum premium ............................................. . 100.00 TITLE INSURANCE RATES FOR SECOND MORTGAGES The rate for title insurance on second mortgage transactions will be the same as on the first mortgage transactions. 4 Case 10-00101 Doc 6-10 SIMULTANEOUS ISSUE RATE When one or more mortgagee policies are issued simultaneously with an owner's policy, the so rate for the mortgagee policy(ies) simultaneously issued is $25.00 (each) for the amount of insurance not in excess of the owner's policy. When additional coverage is needed for the mortgagee policy(ies), the premium shall be computed at the original mortgagee title insurance rates under the applicable bracket. Policies simultaneously issued must cover identical land. OWNER'S OR LEASEHOLD REISSUE RATES A reissue rate for an owner's title insurance policy is applicable if any of the following apply: (a) A purchaser or lessee or real estate from one whose title thereto has been insured within ten (10) years prior to the application for a new policy, shall be entitled to the reissue rate for owner's insurance in an amount up to the face amount of such former policy. 5 Filed 03/23/10 Page 5 of 14 PLAINTIFFS' EXHIBIT J (b) When acreage is platted into smaller subdivisions and covered by one blanket policy as of the approximate date of filing such subdivision plat, the subdivider, his successors or assigns, will be allowed the owner's reissue rate on parcels sold out of such subdivision within ten (10) years from the date of the blanket policy or until the aggregate of the policies issued on such parcels equals the face amount of the original blanket policy. Thereafter, additional blanket insurance should be purchased or subsequent policies will be charged for at original rates. (c) Where a mortgagee policy is outstanding and an owner's policy on the same property is ordered subsequently, the owner's policy will be entitled to the reissue rate to the amount of the mortgagee policy. The reissue rates, when applicable as outlined above (see sections (a), (b) and (c) above) shall be 60% of the published rates in force for original insurance. The ten year age limit on the prior policy referred to in paragraphs (a) and (b) does not apply to commercial transaCtions. 6 Case 10-00101 Doc 6-10 Reissue rates apply up to the face amount of the previous policy. If more insurance is desired under a reissue policy than was written in the policy which it supplants, the additional coverage must be computed at original title insurance rates under the brackets applicable to the amount and kind of insurance applied for. The reissue premium charge for owner's or leasehold title insurance shall be: Per Thousand Up to $250,000 of liability written...................... $2.10 Over $250,000 and up to $500,000, add............ 1.80 Over $500,000 and up to $1,000,000, add......... 1.50 Over $1,000,000 and up to $5,000,000, add...... 1.20 Over $5,000,000, add........................................... .90 Minimum premium.............................................. 70.00 "FIRST MORTGAGES" REISSUE RATES A reissue rate for a "first mortgages" title insurance policy is applicable if any of the following apply: 7 Filed 03/23/10 Page 6 of 14 PLAINTIFFS' EXHIBIT J (a) When, within ten (10) years prior to the application for mortgagee insurance, a policy has been issued on the identical property to the mortgagor as owner. (b) When, within ten (10) years prior to the application for mortgagee insurance, a mortgagee policy has been issued for the same mortgagor on the same property. (c) When, preparatory to a building program, the owner of ten or more lots of an established subdivision negotiates a blanket mortgage to finance the construction of houses on such lots and such blanket mortgage is covered by a policy or mortgagee title insurance by this Company, such owner or such mortgagee, as houses are built on such lots, respectively, within ten (10) years of the date of such blanket policy, shall be allowed the mortgagee reissue rate on replacement mortgages as such properties are sold to new owners and a new mortgage is substituted for the blanket mortgage pro tanto, until the aggregate of reissue policies issued on such individual mortgages equals the face amount of the blanket mortgage. The minimum charge per policy is $50.00. Any insurance required in excess of the face of the blanket policy shall carry original mortgagee rates. The new lot owner with reference to future insurance shall be entitled to reissue rates on both owner's or mortgagee insurance within the ten year period. 8 Case 10-00101 Doc 6-10 Filed 03/23/10 Page 7 of 14 PLAINTIFFS' EXHIBIT J The reissue rates, when applicable as outlined above (see sections (a), (b) and (c) above), shall be 60% of the published rates in force for original insurance. TITLE INSURANCE RATES FOR SUBSTITUTION LOANS Reissue rates apply up to the face amount of the previous policy. If more insurance is desired under a reissue policy than was written in the policy which it supplants, the additional coverage must be computed at original title insurance rates under the brackets applicable to the amount and kind of insurance applied for. When a substitution loan is made on the same property with either the same mortgagor or mortgagee, the title to which was insured by this Company in connection with the original loan, the following rates will be charged for issuing the policy in connection with the new loan, provided the Company is furnished with information showing these rates are applicable, including the number of its former policy and the amount of the unpaid balance secured by the original loan: The premium charge for reissue first mortgage title insurance shall be: Age or Original Loan Per Thousand 3 years or under of liability................... 30% of regular rates Up to $250,000 of liability written .................... .. $1.50 From 3 years to 4 years......................... 40% of regular rates Over $250,000 and up to $500,000, add ........... . 1.20 From 4 years to 5 years......................... 50% of regular rates Over $500,000 and up to $1,000,000, add ........ . 1.05 5 years to 10 years................................. 60% of regular rates Over $1,000,000 and up to $5,000,000, add ..... . .90 Over 10 years.......................................... 100% of regular rates Over $5,000,000, add ......................................... .. .60 Minimum premium................................. $50.00 Minimum premium.............................................. 50.00 The reissue rates, when applicable as outlined above (see sections (a), (b) and (c) above), shall be 60% of the published rates in force for original insurance. (Not applicable in commercial transactions.) 9 10 Case 10-00101 Doc 6-10 Circuit Court for Allegany County Courthouse 30 Washington Street Cumberland, MD 21502 (301) 777-5965 Circuit Court for Hartord County Courthouse 20 West Courtland Street Bel Air, MD 21014 (410) 879-2000 Circuit Court for Anne Arundel County Courthouse Church Circle Annapolis, MD 21404 (410) 222-1444 Circuit Court for Howard County 8360 Court Avenue, Room 300 Ellicott City, MD 21043-4579 (410) 313-2062 Circuit Court for Baltimore County County Cou rts Building P.O. Box 6754 400 Bosley Avenue Towson, MD 21285-6754 (410) 887-2416 Circuit Court for Baltimore City 412 Courthouse East 111 North Calvert Street Baltimore, MD 21202 (410) 333-3762 Circuit Court for Calvert County Courthouse 175 Main Street Prince Frederick, MD 20678 (410) 535-1600 Circuit Court for Caroline County P.O. Box 458 Denton, MD 21629 (410) 479-0410 Circuit Court for Kent County Courthouse 103 North Cross Street Chestertown, MD 21620 (410) 778-7478 Circuit Court for Montgomery County Judicial Center 50 Maryland Avenue Rockville, MD 20850 (301) 217-2920 Circuit Court for Prince George's County Courthouse 14735 Main St reet Upper Marlboro, MD 20772-9987 (301) 883-7300 Circuit Court for Queen Anne's County Courthouse 100 Courthouse Square Centreville, MD 21617 (410) 758-0414 Circuit Court for Carroll County 55 North Court Street, Room G-8 Westminster, MD 21157 (410) 857-2965 Circuit Court for SI. Mary's County 41605 Courthouse Drive P.O. Box 676 Leonardtown, MD 20650 (301) 475-4472 Circuit Court for Cecil County 129 East Main Street, Room 108 Elkton, MD 21921-5971 (410) 996-4385 Circuit Court for Somerset County Courthouse P.O. Box 99 Princess Anne, MD 21853 (410) 651-0440 Circuit Court for Charles County P.O. box 970 La Plata, MD 20846 (301) 645-0685 Circuit Court for Talbot County P.O. Box 723 Easton, MD 21601 (410) 822-2332 Circuit Court for Dorchester County P.O. Box 150 Cambridge, MD 21613 (410) 228-4343 Circuit Court for Washington County P.O. Box 229 Hagerstown, MD 21741 (301) 791-3170 Circuit Court for Frederick County Courthouse 100 West Patrick Street Frederick, MD 21701 (301) 694-1111 Circuit Court for Wicomico County Courthouse P.O. Box 198 Salisbury, MD 21803-0198 (410) 548-4840 Circuit Court for Garrett County P.O. Box 447 Oakland, MD 21550 (301) 334-1965 Circuit Court for Worcester County PO. Box 40 Snow Hill, MD 21863-0040 (410) 632-0686 11 Filed 03/23/10 Page 8 of 14 PLAINTIFFS' EXHIBIT J CHART FOR ALTA TITLE INSURANCE RATES 12 Case 10-00101 Doc 6-10 Filed 03/23/10 Page 9 of 14 PLAINTIFFS' EXHIBIT J OWNERS PREMIUM REISSUE COVERAGE (FULL RATE) DISCOUNT OWNERS AMOUNT OF $5,000.00 $10,000.00 $15,000.00 $20,000.00 $21,000.00 $22,000.00 $23,000.00 $24,000.00 ~25,000.00 $26,000.00 $27,000.00 $28,000.00 $29,000.00 $30,000.00 $31,000.00 $32,000.00 $33,000.00 $34,000.00 $35,000.00 $36,000.00 $37,000.00 $38,000.00 $39,000.00 $40,000.00 $41,000.00 $42,000.00 $43,000.00 $44,000.00 $45,000.00 $46,000.00 $47,000.00 $48,000.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $140.00 $143.50 $147.00 $150.50 $154.00 $157.50 $161.00 $164.50 $168.00 . $56.00 $56.00 $56.00 $56.00 $56.00 $56.00 $56.00 $56.00 $56.00 $56.00 $56.00 $56.00 $56.00 $56.00 $56.00 $56.00 $56.00 $56.00 $56.00 $56.00 $56.00 $56.00 $56.00 $56.00 $57.40 $58.80 $60.20 $61.60 $63.00 $64.40 $65.80 $67.20 13 LENDERS PREMIUM REISSUE (FULL RATE) DISCOUNT LENDERS $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $10000 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 $102.50 $105.00 $107.50 $110.00 $112.50 $115.00 $117.50 $120.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $41.00 $42.00 $43.00 $44.00 $45.00 $46.00 $47.00 $48.00 OWNERS AMOUNT OF PREMIUM COVERAGE (FULL RATE) $49,000.00 $50,000.00 $51,000.00 $52,000.00 $53,000.00 $54,000.00 $55,000.00 $56,000.00 $57,000.00 $58,000.00 $59,000.00 $60,000.00 $61,000.00 $62,000.00 $63,000.00 $64,000.00 $65,000.00 $66,000.00 $67,000.00 $68,000.00 $69,000.00 $70,000.00 $71,000.00 $72,000.00 $73,000.00 $74,000.00 $75,000.00 $76,000.00 $77,000.00 $78,000.00 $79,000.00 $80,000.00 $171.50 $175.00 $178.50 $182.00 $185.50 $189.00 $192.50 $196.00 $199.50 $203.00 $206.50 $210.00 $213.50 $217.00 $220.50 $224.00 $227.50 $231.00 $234.50 $238.00 $241.50 $245.00 $248.50 $252.00 $255.50 $259.00 $262.50 $266.00 $269.50 $273.00 $276.50 $280.00 O\I\(NERS LENDERS LENDERS:' REI.SSUE PREMIUM R~I~~t DISCOUNT (FULL RATE) 01 ........ IT '.$68.60 $70.00 . $71.40 $72~8() $74.20 . $75.60 $77.00 $78.40 $79.80 $81.20 $82.60 $84.00 $85.40 $86.80 $88.20 $89.60 $91.00 $92.40 $93.80 $95.20 $96.60 $98.00 $99.40 $100.80 $102.20 $103.60 $105.00 $106.40 $107.80 $109.20 $110.60 $112.00 14 $122.50 $125.00 $127.50 $130.00 $132.50 $135.00 $137.50 $140.00 $142.50 $145.00 $147.50 $150.00 $152.50 $155.00 $157.50 $160.00 $162.50 $165.00 $167.50 $170.00 $172.50 $175.00 $177.50 $180.00 $182.50 $185.00 $187.50 $190.00 $192.50 $195.00 $197.50 $200.00 $49·90 $50.00 $51.00 $?2.00 ,.$53.00 $54.00 . $55.00 $56.00 $57.00 $58.00 $59.00 $60.00 $61.00 $62.00 $63.00 $&1.00 $65.00 $66.00 $67.00 ·$68.00 $69.00 $70.00 $71.00 $72.00 $73.00 $74.00 $75.00 $76.00 $77.00 $78.00 $79.00 $80.00 Case 10-00101 Doc 6-10 Filed 03/23/10 Page 10 of 14 AMOUNT OF AMOUNT OF COVERAGE COVERAGE $81,000.00 $82,000.00 $83,000.00 $84,000.00 $85,000.00 $86,000.00 $87,000.00 $88,000.00 $89,000.00 $90,000.00 $91,000.00 $92,000.00 $93,000.00 $94,000.00 $95,000.00 $96,000.00 $97,000.00 $98,000.00 $99,000.00 $100,000.00 $101,000.00 $102,000.00 $103,000.00 $104,000.00 $105,000.00 $106,000.00 $107,000.00 $108,000.00 $109,000.00 $110,000.00 $111,000.00 $11 000.00 .. ·. . $114.80 '$1'16.20 $294.00 $297.50 $301.00 $304.50 $308.00 $311.50 $315.00 $318.50 $322.00 $325.50 $329.00 $332.50 $336.00 $339.50 $343.00 $346.50 $350.00 $353.50 $357.00 $360.50 $364.00 $367.50 $371.00 $374.50 $378.00 $381.50 $385.00 $388.50 $392.00 $111,60 $119.00 $120.40 $121.80 $123.20 $124.60 $12f3.00 $121.40 $128.80 $130.20 $131.60 $133.00 $134.40 $135.80 $137.20 $138.60 $140.00 $141.40 $142.80 $144.20 $145.60 $147.00 $148.40 $149.80 $151.20 $152.60 $154.00 '.. $155.40 $156.80 15 $215.00 $86.00 $217.50 $87.00 $220.00 $88;00 $222.50 $225.00 $90;00 $227.50 $91.00 $230.00 $92.00 $232.50 $93·00 $235.00 ,$94.00 $237.50 $240.00 $242.50 $245.00 . $247.50 $250.00 $252.50 $255.00 $257.50 $260.00 $262.50 $105.00 $265.00 , $10t3·00 $267.50 $107.00 $270.00 $108·00 $272.50 . $109·00 $275.00 $110~00 $277.50 $111.00 $280.00 $112.00 $113,000.00 $1.14,000.00 $115,000.00 $116,000.00 $117,000.00 $118,000.00 $119,000.00 $120,000.00 $121,000.00 $122,000.00 $123,000.00 $124,000.00 $125,000.00 $126,000.00 $127,000.00 $128,000.00 $129,000.00 $130,000.00 $131,000.00 $132,000.00 $133,000.00 $134,000.00 $135,000.00 $136,000.00 $137,000.00 $138,000.00 $139,000.00 $140,000.00 $141,000.00 $142,000.00 $143,000.00 $144000.00 PLAINTIFFS' EXHIBIT J $423.50 $427.00 $430.50 $434.00 $437.50 $441.00 $444.50 $455.00 $458.50 $462.00 $465.50 $469.00 $472.50 $476.00 $347.50 $350.00 $352.50 $355.00 $493.50 $497.00 $500.50 $504.00 $360.00 16 Case 10-00101 AMOUNT OF PREMIUM COVERAGE (FULL RATE) $145,000.00 $146,000.00 $147,000.00 $148,000.00 $149,000.00 $150,000.00 $151,000.00 $152,000.00 $153,000.00 $154,000.00 $155,000.00 $156,000.00 $157,000.00 $158,000.00 $159,000.00 $160,000.00 $161,000.00 $162,000.00 $163,000.00 $164,000.00 $165,000.00 $166,000.00 $167,000.00 $168,000.00 $169,000.00 $170,000.00 $171,000.00 $172,000.00 $173,000.00 $174,000.00 $175,000.00 $176,000.00 $507.50 $511.00 $514.50 $518.00 $521.50 $525.00 $528.50 $532.00 $535.50 $539.00 $542.50 $546.00 $549.50 $553.00 $556.50 $560.00 $563.50 $567.00 $570.50 $574.00 $577.50 $581.00 $584.50 $588.00 $591.50 $595.00 $598.50 $602.00 $605.50 $609.00 $612.50 $616.00 OWNERS REISSUE DISCOUNT $203.00 $204.40 $205.80 $207.20 $208.60 $210.00 $211.40 $212.80 $214.20 $215.60 $217.00 $218.40 $219.80 $221.20 $222.60 $224.00 $225.40 $226.80 $228.20 $229.60 $231.00 $232.40 $233.80 $235.20 $236.60 $238.00 $239.40 $240.80 $242.20 $243.60 $245.00 $246.40 17 PREMIUM (FULL RATE) $362.50 $365.00 $367.50 $370.00 $372.50 $375.00 $377.50 $380.00 $382.50 $385.00 $387.50 $390.00 $392.50 $395.00 $397.50 $400.00 $402.50 $405.00 $407.50 $410.00 $412.50 $415.00 $417.50 $420.00 $422.50 $425.00 $427.50 $430.00 $432.50 $435.00 $437.50 $440.00 Doc 6-10 LENDERS REISSUE DISCOUNT $145.00 $146.00 $147.00 $148.00 $149.00 $150.00 $151.00 $152.00 $153.00 $154.00 $155.00 $156.00 $157.00 $158.00 $159.00 $160.00 $161.00 $162.00 $163.00 $164.00 $165.00 $166.00 $167.00 $168.00 $169.00 $170.00 $171.00 $172.00 $173.00 $174.00 $175.00 $176.00 Filed 03/23/10 Page 11 of 14 PLAINTIFFS' EXHIBIT J OWNERS AMOUNT OF COVERAGE $177,000.00 $178,000.00 $179,000.00 $180,000.00 $181,000.00 $182,000.00 $183,000.00 $184,000.00 $185,000.00 $186,000.00 $187,000.00 $188,000.00 $189,000.00 $190,000.00 $191,000.00 $192,000.00 $193,000.00 $194,000.00 $195,000.00 $196,000.00 $197,000.00 $198,000.00 $199,000.00 $200,000.00 $201,000.00 $202,000.00 $203,000.00 $204,000.00 $205,000.00 $206,000.00 $207,000.00 $208,000.00 PREMIUM (FULL RATE) $619.50 $623.00 $626.50 $630.00 $633.50 $637.00 $640.50 $644.00 $647.50 $651.00 $654.50 $658.00 $661.50 $665.00 $668.50 $672.00 $675.50 $679.00 $682.50 $686.00 $689.50 $693.00 $696.50 $700.00 $703.50 $707.00 $710.50 $714.00 $717.50 $721.00 $724.50 $728.00 LENDERS PREMIUM REISSUE REISSUE DISCOUNT (FULL RATE) DISCOUNT $247.80 $249.20 $250.60 $252.00 $253.40 $254.80 $256.20 $257.60 $259.00 $260.40 $261.80 $263.20 $264.60 $266.00 $267.40 $268.80 $270.20 $271.60 $273.00 $274.40 $275.80 $277.20 $278.60 $280.00 $281.40 $282.80 $284.20 $285.60 $287.00 $288.40 $289.80 $291.20 18 $442.50 $445.00 $447.50 $450.00 $452.50 $455.00 $457.50 $460.00 $462.50 $465.00 $467.50 $470.00 $472.50 $475.00 $477.50 $480.00 $482.50 $485.00 $487.50 $490.00 $492.50 $495.00 $497.50 $500.00 $502.50 $505.00 $507.50 $510.00 $512.50 $515.00 $517.50 $520.00 $177.00 $178.00 $179.00 $180.00 . $181.00 $182.00 $183.00 $184.00 $185.00 $186.00 $187.00 $188.00 $189.00 $190.00 $191.00 $192.00 $193.00 $194.00 $195.00 $196.00 $197.00 $198.00 $199.00 $200.00 $201.00 $202.00 $203.00 $204.00 $205.00 $206.00 $207.00 $208.00 Case 10-00101 OWNERS PREMIUM PREMIUM REISSUE COVERAGE (FULL RATE) DISCOUNT (FULL RATE) $209,000.00 $210,000.00 $211,000.00 $212,000.00 $213,000.00 $214,000.00 $215,000.00 $216,000.00 $217,000.00 $218,000.00 $219,000.00 $220,000.00 $221,000.00 $222,000.00 $223,000.00 $224,000.00 $225,000.00 $226,000.00 $227,000.00 $228,000.00 $229,000.00 $230,00000 $231,000.00 $232,000.00 $233,000.00 $234,000.00 $235,000.00 $236,000.00 $237,000.00 $238,000.00 $239,000.00 $240,000.00 $731.50 $735.00 $738.50 $742.00 $745.50 $749.00 $752.50 $756.00 $759.50 $76300 $766.50 $770.00 $773.50 $777.00 $780.50 $784.00 $787.50 $791.00 $794.50 $798.00 $801.50 $805.00 $808.50 $812.00 $815.50 $819.00 $822.50 $826.00 $829.50 $833.00 $836.50 $840.00 $292.60 $294.00 $295.40 $296.80 $298.20 $299.60 $301.00 $302.40 $303.80 $305.20 $306.60 $308.00 $309.40 $310.80 $312.20 $313.60 $315.00 $316.40 $317.80 $319.20 $320.60 $322.00 $323.40 $324.80 $326.20 $327.60 $329.00 $330.40 $331.80 $333.20 $334.60 $336.00 19 $522.50 $525.00 $527.50 $530.00 $532.50 $535.00 $537.50 $540.00 $542.50 $545.00 $547.50 $550.00 $552.50 $555.00 $557.50 $560.00 $562.50 $565.00 $567.50 $570.00 $572.50 $575.00 $577.50 $580.00 $582.50 $585.00 $587.50 $590.00 $592.50 $595.00 $597.50 $600.00 Doc 6-10 Filed 03/23/10 Page 12 of 14 LENDERS REISSUE DISCOUNT AMOUNT OF $209.00 $210.00 $211.00 $212.00 $213.00 $214.00 $215.00 $216.00 $217.00 $218.00 $219.00 $220.00 $221.00 $222.00 $223.00 $224.00 $225.00 $226.00 $227.00 $228.00 $229.00 $230.00 $231.00 $232.00 $233.00 $234.00 $235.00 $236.00 $237.00 $238.00 $239.00 $240.00 $241,000.00 $242,000.00 $243,000.00 $244,000.00 $245,000.00 $246,000.00 $247,000.00 $248,000.00 $249,000.00 $250,000.00 $251,000.00 $252,000.00 $253,000.00 $254,000.00 $255,000.00 $256,000.00 $257,000.00 $258,000.00 $259,000.00 $260,000.00 $261,000.00 $262,000.00 $263,000.00 $264,000.00 $265,000.00 $266,000.00 $267,000.00 $268,000.00 $269,000.00 $270,000.00 $271,000.00 $272,000.00 PLAINTIFFS' EXHIBIT J OWNERS COVERAGE PREMIUM (FULL RATE) $843.50 $847.00 $850.50 $854.00 $857.50 $861.00 $864.50 $868.00 $871.50 $875.00 $878.00 $881.00 $884.00 $887.00 $890.00 $893.00 $896.00 $899.00 $902.00 $905.00 $908.00 $911.00 $914.00 $917.00 $920.00 $923.00 $926.00 $929.00 $932.00 $935.00 $938.00 $941.00 LENDERS PREMIUM REISSUE REISSUE DISCOUNT (FULL RATE) DISCOUNl $337.40 $338.80 $340.20 $341.60 $343.00 $344.40 $345.80 $347.20 $348.60 $350.00 $351.20 $352.40 $353.60 $354.80 $356.00 $357.20 $358.40 $359.60 $360.80 $362.00 $363.20 $364.40 $365.60 $366.80 $368.00 $369.20 $370.40 $371.60 $372.80 $374.00 $375.20 $376.40 20 $602.50 $605.00 $607.50 $610.00 $612.50 $615.00 $617.50 $620.00 $622.50 $625.00 $627.00 $629.00 $631.00 $633.00 $635.00 $637.00 $639.00 $641.00 $643.00 $645.00 $647.00 $649.00 $651.00 $653.00 $655.00 $657.00 $659.00 $661.00 $663.00 $665.00 $667.00 $669.00 $241.00 $242.00 $243.00 . $244.00 $245.00 $246.00 $247.00 $248.00 $249.00 $250.00 $250.80 $251.60 $252.40 $253.20 $254.00 $254.80 $255.60 $256.40 $257.20 $258.00 $258.80 $259.60 $260.40 $261.20 $262.00 $262.80 $263.60 $264.40 $265.20 $266.00 $266.80 $267.60 Case 10-00101 OWNERS AMOUNT OF PREMIUM COVERAGE (FULL RATE) $273,000.00 $274,000.00 $275,000.00 $276,000.00 $277,000.00 $278,000.00 $279,000.00 $280,000.00 $281,000.00 $282,000.00 $283,000.00 $284,000.00 $285,000.00 $286,000.00 $287,000.00 $288,000.00 $289,000.00 $290,000.00 $291,000.00 $292,000.00 $293,000.00 $294,000.00 $295,000.00 $296,000.00 $297,000.00 $298,000.00 $299,000.00 $300,000.00 $301,000.00 $302,000.00 $303,000.00 $304,000.00 $944.00 $947.00 $950.00 $953.00 $956.00 $959.00 $962.00 $965.00 $968.00 $971.00 $974.00 $977.00 $980.00 $983.00 $986.00 $989.00 $992.00 $995.00 $998.00 $1,001.00 $1,004.00 $1,007.00 $1,010.00 $1,013.00 $1,016.00 $1,019.00 $1,022.00 $1,025.00 $1,028.00 $1,031.00 $1,034.00 $1,037.00 REISSUE DISCOUNT $377.60 $378.80 $380.00 $381.20 $382.40 $383.60 $384.80 $386.00 $387.20 $388.40 $389.60 $390.80 $392.00 $393.20 $394.40 $395.60 $396.80 $398.00 $399.20 $400.40 $401.60 $402.80 $404.00 $405.20 $406.40 $407.60 $408.80 $410.00 $411.20 $412.40 $413.60 $414.80 Doc 6-10 Filed 03/23/10 Page 13 of 14 PLAINTIFFS' EXHIBIT J LENDERS PREMIUM (FULL RATE) $671.00 $673.00 $675.00 $677.00 $679.00 $681.00 $683.00 $685.00 $687.00 $689.00 $691.00 $693.00 $695.00 $697.00 $699.00 $701.00 $703.00 $705.00 $707.00 $709.00 $711.00 $713.00 $715.00 $717.00 $719.00 $721.00 $723.00 $725.00 $727.00 $729.00 $731.00 $733.00 OWNERS REISSUE DISCOUNT $268.40 $269.20 $270.00 $270.80 $271.60' $272.40 $273.20 $274.00 $274.80 $275.60 $276.40 $277.20 $278.00 $278.80 $279.60 $280.40 $281.20 $282.00 $282.80 $283.60 $284.40 $285.20 $286.00 $286.80 $287.60 $288.40 $289.20 $290.00 $290.80 $291.60 $292.40 $293.20 I AMOUNT OF COVERAGE $305,000.00 $306,000.00 $307,000.00 $308,000.00 $309,000.00 $310,000.00 $311,000.00 $312,000.00 $313,000.00 $314,000.00 $315,000.00 $316,000.00 $317,000.00 $318,000.00 $319,000.00 $320,000.00 $321,000.00 $322,000.00 $323,000.00 $324,000.00 $325,000.00 $326,000.00 $327,000.00 $328,000.00 $329,000.00 $330,000.00 $331,000.00 $332,000.00 $333,000.00 $334,000.00 $335,000.00 $336,000.00 PREMIUM REISSUE LENDERS PREMIUM REISSUE (FULL RATE) DISCOUNT (FULL RATE) DISCOUNT $1,040.00 $1,043.00 $1,046.00 $1,049.00 $1,052.00 $1,055.00 $1,058.00 $1,061.00 $1,064.00 $1,067.00 $1,070.00 $1,073.00 $1,076.00 $1,079.00 $1,082.00 $1,085.00 $1,088.00 $1,091.00 $1,094.00 $1,097.00 $1,100.00 $1,103.00 $1,106.00 $1,109.00 $1,112.00 $1,115.00 $1,118.00 $1,121.00 $1,124.00 $1,127.00 $1,130.00 $1,133.00 $416.00 $417.20 $418.40 $419.60 $420.80 $422.00 $423.20 $424.40 $425.60 $426.80 $428.00 $429.20 $430.40 $431.60 $432.80 $434.00 $435.20 $436.40 $437.60 $438.80 $440.00 $441.20 $442.40 $443.60 $444.80 $446.00 $447.20 $448.40 $449.60 $450.80 $452.00 $453.20 21 22 $735.00 $737.00 $739.00 $741.00 $743.00 $745.00 $747.00 $749.00 $751.00 $753.00 $755.00 $757.00 $759.00 $761.00 $763.00 $765.00 $767.00 $769.00 $771.00 $773.00 $775.00 $777.00 $779.00 $781.00 $783.00 $785.00 $787.00 $789.00 $791.00 $793.00 $795.00 $797.00 $294.00 $294.80 $295.60 $296.40 $297.20 $298.00 $298.80 $299.60 $300.40 $301.20 $302.00 $302.80 $303.60 $304.40 $305.20 $306.00 $306.80 $307.60 $308.40 $309.20 $310.00 $310.80 $311.60 $312.40 $313.20 $314.00 $314.80 $315.60 $316.40 $317.20 $318.00 $318.80 Case 10-00101 OWNERS AMOUNT OF PREMIUM COVERAGE (FULL RATE) $337,000.00 $1,136.00 $338,000.00 $1,139.00 REISSUE Doc 6-10 PREMIUM REISSUE DISCOUNT $454.40 $799.00 $319.60 $455.60 $801.00 $320.40 $339,000.00 $1,142.00 $456.80 $803.00 $321.20 $340,000.00 $1,145.00 $458.00 $805.00 $322.00 $341,000.00 $342,000.00 $343,000.00 $1,148.00 $1,151.00 $1,154.00 $459.20 $460.40 $461.60 $807.00 $809.00 $811.00 $322.80 $323.60 $324.40 $344,000.00 $1,157.00 $462.80 $813.00 $325.20 $345,000.00 $1,160.00 $464.00 $815.00 $326.00 $346,000.00 $1,163.00 $465.20 $817.00 $326.80 $347,000.00 $1,166.00 $466.40 $819.00 $327.60 $348,000.00 $1,169.00 $467.60 $821.00 $328.40 $349,000.00 $1,172.00 $468.80 $823.00 $329.20 $350,000.00 $1,175.00 $470.00 $825.00 $330.00 $351,000.00 $352,000.00 $353,000.00 $354,000.00 $355,000.00 $1,178.00 $1,181.00 $1,184.00 $1,187.00 $1,190.00 $471.20 $472.40 $473.60 $474.80 $476.00 $827.00 $829.00 $831.00 $833.00 $835.00 $330.80 $331.60 $332.40 $333.20 $334.00 $356,000.00 $1,193.00 $477.20 $837.00 $334.80 $357,000.00 $1,196.00 $478.40 $839.00 $335.60 $358,000.00 $359,000.00 $360,000.00 $1,199.00 $1,202.00 $1,205.00 $479.60 $480.80 $482.00 $841.00 $843.00 $845.00 $336.40 $337.20 $338.00 $361,000.00 $1,208.00 $483.20 $847.00 $338.80 $362,000.00 $1,211.00 $484.40 $849.00 $339.60 $363,000.00 $1,214.00 $485.60 $851.00 $340.40 $364,000.00 $1,217.00 $486.80 $853.00 $341.20 $365,000.00 $1,220.00 $488.00 $855.00 $342.00 $366,000.00 $1,223.00 $489.20 $857.00 $342.80 $367,000.00 $1,226.00 $490.40 $859.00 $343.60 $368,000.00 $1,229.00 $491.60 23 Page 14 of 14 $861.00 $344.40 PLAINTIFFS' EXHIBIT J OWNERS LENDERS (FULL RATE) DISCOUNT Filed 03/23/10 AMOUNT OF PREMIUM COVERAGE (FULL RATE) LENDERS REISSUE PREMIUM REISSUE DISCOUNT (FULL RATE) DISCOUNT $369,000.00 $1,232.00 $492.80 $863.00 $345.20 $370,000.00 $1,235.00 $494.00 $865.00 $346.00 $371,000.00 $1,238.00 $495.20 $867.00 $346.80 $372,000.00 $1,241.00 $496.40 $869.00 $347.60 $373,000.00 $1,244.00 $497.60 $871.00 $348.40 $374,000.00 $1,247.00 $498.80 $873.00 $349.20 $375,000.00 $1,250.00 $500.00 $875.00 $350.00 $376,000.00 $1,253.00 $501.20 $877.00 $350.80 $377,000.00 $1,256.00 $502.40 $879.00 $351.60 $378,000.00 $1,259.00 $503.60 $881.00 $352.40 $379,000.00 $1,262.00 $504.80 $883.00 $353.20 $380,000.00 $1,265.00 $506.00 $885.00 $354.00 $381,000.00 $1,268.00 $507.20 $887.00 $354.80 $382,000.00 $1,271.00 $508.40 $889.00 $.355.60 $383,000.00 $1,274.00 $509.60 $891.00 $356.40 $384,000.00 $1,277.00 $510.80 $893.00 $357.20 $385,000.00 $1,280.00 $512.00 $895.00 $358.00 $386,000.00 $1,283.00 $513.20 $897.00 $358.80 $387,000.00 $1,286.00 $514.40 $899.00 $359.60 $388,000.00 $1,289.00 $515.60 $901.00 $360.40 $389,000.00 $1,292.00 $516.80 $903.00 $361.20 $390,000.00 $1,295.00 $518.00 $905.00 $362.00 $391,000.00 $1,298.00 $519.20 $907.00 $362.80 $392,00000 $1,301.00 $520.40 $909.00 $363.60 $393,000.00 $1,304.00 $521.60 $911.00 $364.40 $394,000.00 $1,307.00 $522.80 $913.00 $365.20 $395,000.00 $1,310.00 $524.00 $915.00 $366.00 $396,000.00 $1,313.00 $525.20 $917.00 $366.80 $397,000.00 $1,316.00 $526.40 $919.00 $367.60 $398,000.00 $1,319.00 $527.60 $921.00 $368.40 $399,000.00 $1,322.00 $528.80 $923.00 $369.20 $400,000.00 $1,325.00 $530.00 $925.00 $370.00 24 Case 10-00101 OWNERS AMOUNT OF PREMIUM COVERAGE (FULL RATE) $401,00000 $402,.000.00 $403,000.00 $404,000.00 $405,000.00 $406,000.00 $407,000.00 $408,000.00 $409,000.00 $410,000.00 $411,000.00 $412,000.00 $413,000.00 $414,000.00 $415,000.00 $416,000.00 $417,000.00 $418,000.00 $419,000.00 $420,000.00 $421,000.00 $422,000.00 $423,000.00 $424,000.00 $425,000.00 $426,000.00 $427,000.00 $428,000.00 $429,000.00 $430,000.00 $431,000.00 $432,000.00 $1,328.00 $1,331.00 $1,334.00 $1,337.00 $1,340.00 $1,343.00 $1,346.00 $1,349.00 $1,352.00 $1,355.00 $1,358.00 $1,361.00 $1,364.00 $1,367.00 $1,370.00 $1,373.00 $1,376.00 $1,379.00 $1,382.00 $1,385.00 $1,388.00 $1,391.00 $1,394.00 $1,397.00 $1,400.00 $1,403.00 $1,406.00 $1,409.00 $1,412.00 $1,415.00 $1,418.00 $1,421.00 REISSUE Doc 6-11 Filed 03/23/10 PREMIUM 25 $927.00 $929.00 $931.00 $933.00 $935.00 $937.00 $939.00 $941.00 $943.00 $945.00 $947.00 $949.00 $951.00 $953.00 $955.00 $957.00 $959.00 $961.00 $963.00 $965.00 $967.00 $96900 $971.00 $973.00 $975.00 $977.00 $979.00 $981.00 $983.00 $985.00 $987.00 $989.00 REISSUE $370.80 $371.60 $372.40 $373.20 $374.00 $374.80 $375.60 $376.40 $377.20 $378.00 $378.80 $379.60 $380.40 $381.20 $382.00 $382.80 $383.60 $384.40 $385.20 $386.00 $386.80 $387.60 $388.40 $389.20 $390.00 $390.80 $391.60 $392.40 $393.20 $394.00 $394.80 $395.60 PLAINTIFFS' EXHIBIT J OWNERS LENDERS DISCOUNT (FULL RATE) DISCOUNT $531.20 $532.40 $533.60 $534.80 $536.00 $537.20 $538.40 $539.60 $540.80 $542.00 $543.20 $544.40 $545.60 $546.80 $548.00 $549.20 $550.40 $551.60 $552.80 $554.00 $555.20 $556.40 $557.60 $558.80 $560.00 $561.20 $562.40 $563.60 $564.80 $566.00 $567.20 $568.40 Page 1 of 13 ! ,i i 1 AMOUNT OF PREMIUM REISSUE COVERAGE (FULL RATE) DISCOUNT $433,000.00 $434,000.00 $435,000.00 $436,000.00 $437,000.00 $438,000.00 $439,000.00 $440,000.00 $441,000.00 $442,000.00 $443,000.00 $444,000.00 $445,000.00 $446,000.00 $447,000.00 $448,000.00 $449,000.00 $450,000.00 $451,000.00 $452,000.00 $453,000.00 $454,000.00 $455,000.00 $456,000.00 $457,000.00 $458,000.00 $459,000.00 $460,000.00 $461,000.00 $462,000.00 $463,000.00 $464,000.00 $1,424.00 $1,427.00 $1,430.00 $1,433.00 $1,436.00 $1,439.00 $1,442.00 $1,445.00 $1,448.00 $1,451.00 $1,454.00 $1,457.00 $1,460.00 $1,463.00 $1,466.00 $1,469.00 $1,472.00 $1,475.00 $1,478.00 $1,481.00 $1,484.00 $1,487.00 $1,490.00 $1,493.00 $1,496.00 $1,499.00 $1,502.00 $1,505.00 $1,508.00 $1,511.00 $1,514.00 $1,517.00 $569.60 $570.80 $572.00 $573.20 $574.40 $575.60 $576.80 $578.00 $579.20 $580.40 $581.60 $582.80 $584.00 $585.20 $586.40 $587.60 $588.80 $590.00 $591.20 $592.40 $593.60 $594.80 $596.00 $597.20 $598.40 $599.60 $600.80 $602.00 $603.20 $604.40 $605.60 $606.80 26 LENDERS PREMIUM REISSUE (FULL RATE) DISCOUNT $991.00 $993.00 $995.00 $997.00 $999.00 $1,001.00 $1,003.00 $1,005.00 $1,007.00 $1,009.00 $1,011.00 $1,013.00 $1,015.00 $1,017.00 $1,019.00 $1,021.00 $1,023.00 $1,025.00 $1,027.00 $1,029.00 $1,031.00 $1,033.00 $1,035.00 $1,037.00 $1,039.00 $1,041.00 $1,043.00 $1,045.00 $1,047.00 $1,049.00 $1,051.00 $1,053.00 $396.40 $397.20 $398.00 $398.80 $399.60 $400.40 $401.20 $402.00 $402.80 $403.60 $404.40 $405.20 $406.00 $406.80 $407.60 $408.40 $409.20 $410.00 $410.80 $411.60 $412.40 $413.20 $414.00 $414.80 $415.60 $416.40 $417.20 $418.00 $418.80 $419.60 $420.40 $421.20 Case 10-00101 OWNERS AMOUNT OF PREMIUM COVERAGE (FULL RATE) $465,000.00 $466,000.00 $467,000.00 $468,000.00 $469,000.00 $470,000.00 $471,000.00 $472,000.00 $473,000.00 $474,000.00 $475,000.00 $476,000.00 $477,000.00 $478,000.00 $479,000.00 $480,000.00 $481,000.00 $482,000.00 $483,000.00 $484,000.00 $485,000.00 $486,000.00 $487,000.00 $488,000.00 $489,000.00 $490,000.00 $491,000.00 $492,000.00 $493,000.00 $494,000.00 $495,000.00 $496,000.00 $1,520.00 $1,523.00 $1,526.00 $1,529.00 $1,532.00 $1,535.00 $1,538.00 $1,541.00 $1,544.00 $1,547.00 $1,550.00 $1,553.00 $1,556.00 $1,559.00 $1,562.00 $1,565.00 $1,568.00 $1,571.00 $1,574.00 $1,577.00 $1,580.00 $1,583.00 $1,586.00 $1,589.00 $1,592.00 $1,595.00 $1,598.00 $1,601.00 $1,604.00 $1,607.00 $1,610.00 $1,613.00 REISSUE DISCOUNT $608.00 $609.20 $610.40 $611.60 $612.80 $614.00 $615.20 $616.40 $617.60 $618.80 $620.00 $621.20 $622.40 $623.60 $624.80 $626.00 $627.20 $628.40 $629.60 $630.80 $632.00 $633.20 $634.40 $635.60 $636.80 $638.00 $639.20 $640.40 $641.60 $642.80 $644.00 $645.20 27 PREMIUM Doc 6-11 LENDERS REISSUE (FULL RATE) DISCOUNT $1,055.00 $1,057.00 $1,059.00 $1,061.00 $1,063.00 $1,065.00 $1,067.00 $1,069.00 $1,071.00 $1,073.00 $1,075.00 $1,077.00 $1,079.00 $1,081.00 $1,083.00 $1,085.00 $1,087.00 $1,089.00 $1,091.00 $1,093.00 $1,095.00 $1,097.00 $1,099.00 $1,101.00 $1,103.00 $1,105.00 $1,107.00 $1,109.00 $1,111.00 $1,113.00 $1,115.00 $1,117.00 $422.00 $422.80 $423.60 $424.40 . $425.20 $426.00 $426.80 $427.60 $428.40 $429.20 $430.00 $430.80 $431.60 $432.40 $433.20 $434.00 $434.80 $435.60 $436.40 $437.20 $438.00 $438.80 $439.60 $440.40 $441.20 $442.00 $442.80 $443.60 $444.40 $445.20 $446.00 $446.80 Filed 03/23/10 Page 2 of 13 PLAINTIFFS' EXHIBIT J AMOUNT OF COVERAGE PREMIUM (FULL RATE) $497,000.00 $498,000.00 $499,000.00 $500,000.00 $501,000.00 $502,000.00 $503,000.00 $504,000.00 $505,000.00 $506,000.00 $507,000.00 $508,000.00 $509,000.00 $510,000.00 $511,000.00 $512,000.00 $513,000.00 $514,000.00 $515,000.00 $516,000.00 $517,000.00 $518,000.00 $519,000.00 $520,000.00 $521,000.00 $522,000.00 $523,000.00 $524,000.00 $525,000.00 $526,000.00 $527,000.00 $528,000.00 $1,616.00 $1,619.00 $1,622.00 $1,625.00 $1,627.50 $1,630.00 $1,632.50 $1,635.00 $1,637.50 $1,640.00 $1,642.50 $1,645.00 $1,647.50 $1,650.00 $1,652.50 $1,655.00 $1,657.50 $1,660.00 $1,662.50 $1,665.00 $1,667.50 $1,670.00 $1,672.50 $1,675.00 $1,677.50 $1,680.00 $1,682.50 $1,685.00 $1,687.50 $1,690.00 $1,692.50 $1,695.00 OWNERS LENDERS REISSUE PREMIUM REISSUE DISCOUNT (FULL RATE) DISCOUNT $646.40 $647.60 $648.80 $650.00 $651.00 $652.00 $653.00 $654.00 $655.00 $656.00 $657.00 $658.00 $659.00 $660.00 $661.00 $662.00 $663.00 $664.00 $665.00 $666.00 $667.00 $668.00 $669.00 $670.00 $671.00 $672.00 $673.00 $674.00 $675.00 $676.00 $677.00 $678.00 28 $1,119.00 $1,121.00 $1,123.00 $1,125.00 $1,126.75 $1,128.50 $1,130.25 $1,132.00 $1,133.75 $1,135.50 $1,137.25 $1,139.00 $1,14075 $1,142.50 $1,144.25 $1,146.00 $1,147.75 $1,149.50 $1,15125 $1,153.00 $1,154.75 $1,156.50 $1,15825 $1,160.00 $1,161.75 $1,163.50 $1,165.25 $1,167.00 $1,168.75 $1,170.50 $1,172.25 $1,174.00 $447.60 $448.40 $449.20 $450.00 $450.70 $451.40 $452.10 $452.80 $453.50 $454.20 $454.90 $455.60 $456.30 $457.00 $457.70 $458.40 $459.10 $459.80 $460.50 $461.20 $461.90 $462.60 $463.30 $464.00 $464.70 $465.40 $466.10 $466.80 $467.50 $468.20 $468.90 $469.60 Case 10-00101 OWNERS AMOUNT OF PREMIUM COVERAGE (FULL RATE) $529,000.00 $530,000.00 $531,000.00 $532,000.00 $533,000.00 $534,000.00 $535,000.00 $536,000.00 $537,000.00 $538,000.00 $539,000.00 $540,000.00 $541,000.00 $542,000.00 $543,000.00 $544,000.00 $545,000.00 $546,000.00 $547,000.00 $548,000.00 $549,000.00 $550,000.00 $551,000.00 $552,000.00 $553,000.00 $554,000.00 $555,000.00 $556,000.00 $557,000.00 $558,000.00 $559,000.00 $560,000.00 $1,697.50 $1,700.00 $1,702.50 $1,705.00 $1,707.50 $1,710.00 $1,712.50 $1,715.00 $1,717.50 $1,720.00 $1,722.50 $1,725.00 $1,727.50 $1,730.00 $1,732.50 $1,735.00 $1,737.50 $1,740.00 $1,742.50 $1,745.00 $1,747.50 $1,750.00 $1,752.50 $1,755.00 $1,757.50 $1,760.00 $1,762.50 $1,765.00 $1,767.50 $1,770.00 $1,772.50 $1,775.00 REISSUE DISCOUNT $679.00 $680.00 $681.00 $682.00 $683.00 $684.00 $685.00 $686.00 $687.00 $688.00 $689.00 $690.00 $691.00 $692.00 $693.00 $694.00 $695.00 $696.00 $697.00 $698.00 $699.00 $700.00 $701.00 $702.00 $703.00 $704.00 $705.00 $706.00 $707.00 $708.00 $709.00 $710.00 29 Doc 6-11 Filed 03/23/10 Page 3 of 13 PLAINTIFFS' EXHIBIT J LENDERS PREMIUM (FULL RATE) DISCOUNT $1,175.75 $1,177.50 $1,179.25 $1,181.00 $1,182.75 $1,184.50 $1,186.25 $1,188.00 $1,189.75 $1,191.50 $1,193.25 $1,195.00 $1,196.75 $1,198.50 $1,200.25 $1,202.00 $1,203.75 $1,205.50 $1,207.25 $1,209.00 $1,210.75 $1,212.50 $1,214.25 $1,216.00 $1,217.75 $1,219.50 $1,221.25 $1,223.00 $1,224.75 $1,226.50 $1,228.25 $1,230.00 $470.30 $471.00 $471.70 $472.40. $473.10 $473.80 $474.50 $475.20 $475.90 $476.60 $477.30 $478.00 $478.70 $479.40 $480.10 $480.80 $481.50 $482.20 $482.90 $483.60 $484.30 $485.00 $485.70 $486.40 $487.10 $487.80 $488.50 $489.20 $489.90 $490.60 $491.30 $492.00 REISSUE AMOUNT OF PREMIUM COVERAGE (FULL RATE) $561,000.00 $562,000.00 $563,000.00 $564,000.00 $565,000.00 $566,000.00 $567,000.00 $568,000.00 $569,000.00 $570,000.00 $571,000.00 $572,000.00 $573,000.00 $574,000.00 $575,000.00 $576,000.00 $577,000.00 $578,000.00 $579,000.00 $580,000.00 $581,000.00 $582,000.00 $583,000.00 $584,000.00 $585,000.00 $586,000.00 $587,000.00 $588,000.00 $589,00000 $590,000.00 $591,000.00 $592,000.00 $1,777.50 $1,780.00 $1,782.50 $1,785.00 $1,787.50 $1,790.00 $1,792.50 $1,795.00 $1,797.50 $1,800.00 $1,802.50 $1,805.00 $1,807.50 $1,810.00 $1,812.50 $1,815.00 $1,817.50 $1,820.00 $1,822.50 $1,825.00 $1,827.50 $1,830.00 $1,832.50 $1,835.00 $1,837.50 $1,840.00 $1,842.50 $1,845.00 $1,847.50 $1,850.00 $1,852.50 $1,855.00 OWNERS LENDERS PREMIUM REISSUE REISSUE DISCOUNT (FULL RATE) DISCOUNT $711.00 $712.00 $713.00 $714.00 $715.00 $716.00 $717.00 $718.00 $719.00 $720.00 $721.00 $722.00 $723.00 $724.00 $725.00 $726.00 $727.00 $728.00 $729.00 $730.00 $731.00 $732.00 $733.00 $734.00 $735.00 $736.00 $737.00 $738.00 $739.00 $740.00 $741.00 $742.00 30 $1,231.75 $1,233.50 $1,235.25 $1,237.00 $1,238.75 $1,240.50 $1,24225 $1,244.00 $1,245.75 $1,247.50 $1,249.25 $1,251.00 $1,252.75 $1,254.50 $1,256.25 $1,258.00 $1,259.75 $1,261.50 $1,263.25 $1,265.00 $1,266.75 $1,268.50 $1,270.25 $1,272.00 $1,273.75 $1,275.50 $1,277.25 $1,279.00 $1,28075 $1,282.50 $1,284.25 $1,286.00 $492.70 $493.40 $494.10 $494.80 $495.50 $496.20 $496.90 $497.60 $498.30 $499.00 $499.70 $500.40 $501.10 $501.80 $502.50 $503.20 $503.90 $504.60 $505.30 $506.00 $506.70 $507.40 $508.10 $508.80 $509.50 $510.20 $510.90 $511.60 $512.30 $513.00 $513.70 $514.40 Case 10-00101 AMOUNT OF COVERAGE PREMIUM (FULL RATE) LENDERS OWNERS PREMIUM REISSUE REISSUE DISCOUNT (FULL RATE) DISCOUNT $594,000.00 $1,857.50 $1,860.00 $743.00 $744.00 $1,287.75 $1,289.50 $595,000.00 $596,000.00 $1,862.50 $1,865.00 $1,291.25 $1,293.00 $597,000.00 $598,000.00 $599,000.00 $1,867.50 $1,870.00 $745.00 $746.00 $747.00 $593,000.00 $600,000.00 $601,00000 $602,000.00 $603,000.00 $604,000.00 $1,872.50 $1,875.00 $1,877.50 $1,880.00 $1,882.50 Doc 6-11 $748.00 $749.00 $750.00 $751.00 $1,294.75 $1,296.50 $1,298.25 $1,300.00 $752.00 $1,301.75 $1,303.50 $753.00 $754.00 $755.00 Filed 03/23/10 Page 4 of 13 AMOUNT OF COVERAGE PLAINTIFFS' EXHIBIT J PREMIUM (FULL RATE) $515.10 $625,000.00 $1,937.50 $515.80 $516.50 $517.20, . $626,000.00 $1,940.00 $1,94250 $517.90 $518.60 $629,000.00 $519.30 $520.00 $520.70 $627,000.00 $628,000.00 $630,000.00 $631,000.00 $632,000.00 $633,000.00 $1,945.00 $1,947.50 $1,950.00 $1,952.50 $1,955.00 $1,957.50 OWNERS LENqERS PREMIUM REISSUE REISSUE DISCOUNT (FULL RATE) DISCOUNT $775.00 $776.00 $777.00 $1,34375 $537.50 $1,345.50 $1,347.25 $538.20 $538.90 $778.00 $779.00 $780.00 $1,349.00 $539.60 $1,350.75 $1,352.50 $540.30 $781.00 $1,354.25 $541.00 $541.70 $782.00 $783.00 $1,35600 $1,357.75 $542.40 $543.10 $1,359.50 $1,361.25 $543.80 $521.40 $634,000.00 $1,960.00 $784.00 $1,305.25 $1,307.00 $522.10 $522.80 $635,000.00 $1,962.50 $785.00 $1,965.00 $786.00 $523.50 $524.20 $636,000.00 $637,000.00 $1,967.50 $1,970.00 $787.00 $1,363.00 $1,364.75 $788.00 $1,36650 $546.60 $547.30 $605,000.00 $1,885.00 $1,887.50 $606,000.00 $1,890.00 $756.00 $1,308.75 $1,310.50 $607,000.00 $1,892.50 $757.00 $1,312.25 $524.90 $639,000.00 $608,000.00 $1,895.00 $758.00 $1,314.00 $525.60 $609,000.00 $1,897.50 $759.00 $526.30 $610,000.00 $1,900.00 $760.00 $1,315.75 $1,317.50 $640,000.00 $641,000.00 $527.00 $642,000.00 $1,980.00 $527.70 $1,982.50 $1,985.00 $793.00 $1,373.50 $1,375.25 $638,000.00 $1,972.50 $1,975.00 $1,977.50 $544.50 $545.20 $545.90 $789.00 $1,368.25 $790.00 $1,370.00 $548.00 $791.00 $792.00 $1,37175 $548.70 $549.40 $611,000.00 $1,902.50 $761.00 $1,319.25 $612,000.00 $1,905.00 $762.00 $1,321.00 $528.40 $643,000.00 $644,000.00 $794.00 $1,377.00 $550.80 $613,000.00 $1,907.50 $763.00 $1,322.75 $529.10 $645,000.00 $1,987.50 $795.00 $1,378.75 $551.50 $614,000.00 $1,910.00 $764.00 $1,324.50 $529.80 $646,000.00 $1,990.00 $796.00 $1,380.50 $552.20 $615,000.00 $765.00 $1,326.25 $530.50 $647,000.00 $1,992.50 $797.00 $1,38225 $552.90 $616,000.00 $1,912.50 $1,915.00 $1,328.00 $531.20 $648,000.00 $1,995.00 $798.00 $1,38400 $553.60 $617,000.00 $1,917.50 $766.00 $767.00 $768.00 $769.00 $1,333.25 $651,000.00 $621,000.00 $1,927.50 $770.00 $771.00 $1,335.00 $1,336.75 $533.30 $534.00 $622,000.00 $1,930.00 $772.00 $623,000.00 $624,000.00 $1,932.50 $1,935.00 $1,997.50 $Z,OOO.OO $2,002.50 $2,005.00 $2,007.50 $2,010.00 $2,012.50 $2,015.00 $554.30 $1,920.00 $1,922.50 $531.90 $532.60 $649,000.00 $618,000.00 $1,329.75 $1,331.50 $619,000.00 $620,000.00 $1,925.00 $650,000.00 $534.70 $652,000.00 $653,000.00 $1,338.50 $535.40 $654,000.00 $773.00 $1,340.25 $536.10 $655,000.00 $774.00 $1,342.00 $536.80 $656,000.00 31 $550.10 $799.00 $1,38575 $800.00 $1,387.50 $555.00 $801.00 $1,38925 $555.70 $802.00 $1,39100 $556.40 $803.00 $804.00 $1,39275 $557.10 $1,394.50 $557.80 $805.00 $1,396.25 $558.50 $806.00 $1,398.00 $559.20 32 Case 10-00101 OWNERS AMOUNT OF COVERAGE $657,000.00 $658,000.00 $659,000.00 $660,000.00 $661,000.00 $662,000.00 $663,000.00 $664,000.00 $665,000.00 $666,000.00 $667,000.00 $668,000.00 $669,000.00 $670,000.00 $671,000.00 $672,000.00 $673,000.00 $674,000.00 $675,000.00 $676,000.00 $677,000.00 $678,000.00 $679,000.00 $680,000.00 $681,000.00 $682,000.00 $683,000.00 $684,000.00 $685,000.00 $686,000.00 $687,000.00 $688,000.00 PREMIUM (FULL RATE) $2,017.50 $2,020.00 $2,022.50 $2,025.00 $2,027.50 $2,030.00 $2,032.50 $2,035.00 $2,037.50 $2,040.00 $2,042.50 $2,045.00 $2,047.50 $2,050.00 $2,052.50 $2,055.00 $2,057.50 $2,060.00 $2,062.50 $2,065.00 $2,067.50 $2,070.00 $2,072.50 $2,075.00 $2,077.50 $2,080.00 $2,082.50 $2,085.00 $2,087.50 $2,090.00 $2,092.50 $2,095.00 REISSUE DISCOUNT $807.00 $808.00 $809.00 $810.00 $811.00 $812.00 $813.00 $814.00 $815.00 $816.00 $817.00 $818.00 $819.00 $820.00 $821.00 $822.00 $823.00 $824.00 $825.00 $826.00 $827.00 $828.00 $829.00 $830.00 $831.00 $832.00 $833.00 $834.00 $835.00 $836.00 $837.00 $838.00 33 PREMIUM (FULL RATE) $1,399.75 $1,401.50 $1,403.25 $1,405.00 $1,406.75 $1,408.50 $1,410.25 $1,412.00 $1,413.75 $1,415.50 $1,417.25 $1,419.00 $1,420.75 $1,422.50 $1,424.25 $1,426.00 $1,427.75 $1,429.50 $1,431.25 $1,433.00 $1,434.75 $1,436.50 $1,438.25 $1,440.00 $1,441.75 $1,443.50 $1,445.25 $1,447.00 $1,448.75 $1,450.50 $1,452.25 $1,454.00 Doc 6-11 LENDERS REISSUE DISCOUNT $559.90 $560.60 $561.~0 $562.00 $562.70 $563.40 $564.10 $564.80 $565.50 $566.20 $566.90 $567.60 $568.30 $569.00 $569.70 $570.40 $571.10 $571.80 $572.50 $573.20 $573.90 $574.60 $575.30 $576.00 $576.70 $577.40 $578.10 $578.80 $579.50 $580.20 $580.90 $581.60 Filed 03/23/10 Page 5 of 13 AMOUNT OF COVERAGE $689,000.00 $690,000.00 $691,000.00 $692,000.00 $693,000.00 $694,000.00 $695,000.00 $696,000.00 $697,000.00 $698,000.00 $699,000.00 $700,000.00 $701,000.00 $702,000.00 $703,000.00 $704,000.00 $705,000.00 $706,000.00 $707,000.00 $708,000.00 $709,000.00 $710,000.00 $711,000.00 $712,000.00 $713,000.00 $714,000.00 $715,000.00 $716,000.00 $717,000.00 $718,000.00 $719,000.00 $720,000.00 PLAINTIFFS' EXHIBIT J PREMIUM (FULL RATE) $2,097.50 $2,100.00 $2,102.50 $2,105.00 $2,107.50 $2,110.00 $2,112.50 $2,115.00 $2,117.50 $2,120.00 $2,122.50 $2,125.00 $2,127.50 $2,130.00 $2,132.50 $2,135.00 $2,137.50 $2,140.00 $2,142.50 $2,145.00 $2,147.50 $2,150.00 $2,152.50 $2,155.00 $2,157.50 $2,160.00 $2,162.50 $2,165.00 $2,167.50 $2,170.00 $2,172.50 $2,175.00 OWNERS REISSUE PREMIUM LENDERS REISSUE DISCOUNT (FULL RATE) DISCOUNT $839.00 $840.00 $841.00 $842.00 $843.00 $844.00 $845.00 $846.00 $847.00 $848.00 $849.00 $850.00 $851.00 $852.00 $853.00 $854.00 $855.00 $856.00 $857.00 $858.00 $859.00 $860.00 $861.00 $862.00 $863.00 $864.00 $865.00 $866.00 $867.00 $868.00 $869.00 $870.00 34 $1,455.75 $1,457.50 $1,459.25 $1,461.00 $1,462.75 $1,464.50 $1,466.25 $1,468.00 $1,469.75 $1,471.50 $1,473.25 $1,475.00 $1,476.75 $1,478.50 $1,480.25 $1,482.00 $1,483.75 $1,485.50 $1,487.25 $1,489.00 $1,490.75 $1,492.50 $1,494.25 $1,496.00 $1,497.75 $1,499.50 $1,501.25 $1,503.00 $1,50475 $1,506.50 $1,508.25 $1,510.00 $582.30 $583.00 $583.70 $584.40 $585.10 $585.80 $586.50 $587.20 $587.90 $588.60 $589.30 $590.00 $590.70 $591.40 $592.10 $592.80 $593.50 $594.20 $594.90 $595.60 $596.30 $597.00 $597.70 $598.40 $599.10 $599.80 $600.50 $601.20 $601.90 $602.60 $603.30 $604.00 Case 10-00101 OWNERS AMOUNT OF PREMIUM COVERAGE (FULL RATE) $721,000.00 $722,000.00 $723,000.00 $724,000.00 $725,000.00 $726,000.00 $727,000.00 $728,000.00 $729,000.00 $730,000.00 $731,000.00 $732,000.00 $733,000.00 $734,000.00 $735,000.00 $736,000.00 $737,000.00 $738,000.00 $739,000.00 $740,000.00 $741,000.00 $742,000.00 $743,000.00 $744,000.00 $745,000.00 $746,000.00 $747,000.00 $748,000.00 $749,000.00 $750,000.00 $751,000.00 $752,000.00 $2,177.50 $2,180.00 $2,182.50 $2,185.00 $2,187.50 $2,190.00 $2,192.50 $2,195.00 $2,197.50 $2,200.00 $2,202.50 $2,205.00 $2,207.50 $2,210.00 $2,212.50 $2,215.00 $2,217.50 $2,220.00 $2,222.50 $2,225.00 $2,227.50 $2,230.00 $2,232.50 $2,235.00 $2,237.50 $2,240.00 $2,242.50 $2,245.00 $2,247.50 $2,250.00 $2,252.50 $2,255.00 REISSUE DISCOUNT $871.00 $872.00 $873.00 $874.00 $875.00 $876.00 $877.00 $878.00 $879.00 $880.00 $881.00 $882.00 $883.00 $884.00 $885.00 $886.00 $887.00 $888.00 $889.00 $890.00 $891.00 $892.00 $893.00 $894.00 $895.00 $896.00 $897.00 $898.00 $899.00 $900.00 $901.00 $902.00 35 PREMIUM Doc 6-11 LENDERS REISSUE (FULL RATE) DISCOUNT $1,511.75 $1,513.50 $1,515.25 $1,517.00 $1,518.75 $1,520.50 $1,522.25 $1,524.00 $1,525.75 $1,527.50 $1,529.25 $1,531.00 $1,532.75 $1,534.50 $1,536.25 $1,538.00 $1,539.75 $1,541.50 $1,543.25 $1,545.00 $1,546.75 $1,548.50 $1,550.25 $1,552.00 $1,553.75 $1,555.50 $1,557.25 $1,559.00 $1,560.75 $1,562.50 $1,564.25 $1,566.00 $604.70 $605.40 $606.10 $606.$0 $607.50 $608.20 $608.90 $609.60 $610.30 $611.00 $611~70 $612.40 $613.10 $613.80 $614.50 $615.20 $615.90 $616.60 $617.30 $618.00 $618.70 $619.40 $620.10 $620.80 $621.50 $622.20 $622.90 $623.60 $624.30 $625.00 $625.70 $626.40 Filed 03/23/10 Page 6 of 13 PLAINTIFFS' EXHIBIT J OWNERS LENDERS PREMIUM REISSUE REISSUE COVERAGE (FULL RATE) DISCOUNT (FULL RATE) DISCOUNT AMOUNT OF $753,000.00 $754,000.00 $755,000.00 $756,000.00 $757,000.00 $758,000.00 $759,000.00 $760,000.00 $761,000.00 $762,000.00 $763,000.00 $764,000.00 $765,000.00 $766,000.00 $767,000.00 $768,000.00 $769,000.00 $770,000.00 $771,000.00 $772,000.00 $773,000.00 $774,000.00 $775,000.00 $776,000.00 $777,000.00 $778,000.00 $779,000.00 $780,000.00 $781,000.00 $782,000.00 $783,000.00 $784,000.00 PREMIUM $2,257.50 $2,260.00 $2,262.50 $2,265.00 $2,267.50 $2,270.00 $2,272.50 $2,275.00 $2,277.50 $2,280.00 $2,282.50 $2,285.00 $2,287.50 $2,290.00 $2,292.50 $2,295.00 $2,297.50 $2,300.00 . $2,302.50 $2,305.00 $2,307.50 $2,310.00 $2,312.50 $2,315.00 $2,317.50 $2,320.00 $2,322.50 $2,325.00 $2,327.50 $2,330.00 $2,332.50 $2,335.00 $903.00 $904.00 $905.00 $906.00 $907.00 $908.00 $909.00 $910.00 $911.00 $912.00 $913.00 $914.00 $915.00 $916.00 $917.00 $918.00 $919.00 $920.00 $921.00 $922.00 $923.00 $924.00 $925.00 $926.00 $927.00 $928.00 $929.00 $930.00 $931.00 $932.00 $933.00 $934.00 36 $1,567.75 $1,569.50 $1,571.25 $1,573.00 $1,574.75 $1,576.50 $1,578.25 $1,580.00 $1,581.75 $1,583.50 $1,585.25 $1,587.00 $1,588.75 $1,590.50 $1,592.25 $1,594.00 $1,595.75 $1,597.50 $1,599.25 $1,601.00 $1,602.75 $1,604.50 $1,606.25 $1,608.00 $1,609.75 $1,611.50 $1,61325 $1,615.00 $1,616.75 $1,618.50 $1,620.25 $1,622.00 $627.10 $627.80 $628.50 $629.20 $629.90 $630.60 $631.30 $632.00 $632.70 $633.40 $634.10 $634.80 $635.50 $636.20 $636.90 $637.60 $638.30 $639.00 $639.70 $640.40 $641.10 $641.80 $642.50 $643.20 $643.90 $644.60 $645.30 $646.00 $646.70 $647.40 $648.10 $648.80 Case 10-00101 OWNERS REISSUE AMOUNT OF PREMIUM COVERAGE (FULL RATE) DISCOUNT $785,000.00 $786,000.00 $787,000.00 $788,000.00 $789,000.00 $790,000.00 $791,000.00 $792,000.00 $793,000.00 $794,000.00 $795,000.00 $796,000.00 $797,000.00 $798,000.00 $799,000.00 $800,000.00 $801,000.00 $802,000.00 $803,000.00 $804,000.00 $805,000.00 $806,000.00 $807,000.00 $808,000.00 $809,000.00 $810,000.00 $811,000.00 $812,000.00 $813,000.00 $814,000.00 $815,000.00 $816,000.00 $2,337.50 $2,340.00 $2,342.50 $2,345.00 $2,347.50 $2,350.00 $2,352.50 $2,355.00 $2,357.50 $2,360.00 $2,362.50 $2,365.00 $2,367.50 $2,370.00 $2,372.50 $2,375.00 $2,377.50 $2,380.00 $2,382.50 $2,385.00 $2,387.50 $2,390.00 $2,392.50 $2,395.00 $2,397.50 $2,400.00 $2,402.50 $2,405.00 $2,407.50 $2,410.00 $2,412.50 $2,415.00 $935.00 $936.00 $937.00 $938.00 $939.00 $940.00 $941.00 $942.00 $943.00 $944.00 $945.00 $946.00 $947.00 $948.00 $949.00 $950.00 $951.00 $952.00 $953.00 $954.00 $955.00 $956.00 $957.00 $958.00 $959.00 $960.00 $961.00 $962.00 $963.00 $964.00 $965.00 $966.00 37 Doc 6-11 Filed 03/23/10 Page 7 of 13 LENDERS PREMIUM REISSUE (FULL RATE) DISCOUNT $1,623.75 $1,625.50 $1,627.25 $1,629.00 $1,630.75 $1,632.50 $1,634.25 $1,636.00 $1,637.75 $1,639.50 $1,641.25 $1,643.00 $1,644.75 $1,646.50 $1,648.25 $1,650.00 $1,651.75 $1,653.50 $1,655.25 $1,657.00 $1,658.75 $1,660.50 $1,662.25 $1,664.00 $1,66575 $1,667.50 $1,669.25 $1,671.00 $1,672.75 $1,674.50 $1,676.25 $1,678.00 $649.50 $650.20 $650.90 $651.60 $652.30 $653.00 $653.70 $654.40 $655.10 $655.80 $656.50 $657.20 $657.90 $658.60 $659.30 $660.00 $660.70 $661.40 $662.10 $662.80 $663.50 $664.20 $664.90 $665.60 $666.30 $667.00 $667.70 $668.40 $669.10 $669.80 $670.50 $671.20 PLAINTIFFS' EXHIBIT J LENDERS OWNERS AMOUNT OF COVERAGE $817,000.00 $818,000.00 $819,000.00 $820,000.00 $821,000.00 $822,000.00 $823,000.00 $824,000,00 $825,000.00 $826,000.00 $827,000.00 $828,000.00 $829,000.00 $830,000.00 $831,000.00 $832,000.00 $833,000.00 $834,000.00 $835,000.00 $836,000.00 $837,000.00 $838,000.00 $839,000.00 $840,000.00 $841,000.00 $842,000.00 $843,000.00 $844,000.00 $845,000.00 $846,000.00 $847,000.00 $848,000.00 PREMIUM (FULL RATE) $2,417.50 $2,420.00 $2,422.50 $2,425.00 $2,427.50 $2,430.00 $2,432.50 $2,435.00 $2,437.50 $2,440.00 $2,442.50 $2,445.00 $2,447.50 $2,450.00 $2,452.50 $2,455.00 $2,457.50 $2,460.00 $2,462.50 $2,465.00 $2,467.50 $2,470.00 $2,472.50 $2,475.00 $2,477.50 $2,480.00 $2,482.50 $2,485.00 $2,487.50 $2,490.00 $2,492.50 $2,495.00 REISSUE PREMIUM REISSUE DISCOUNT (FULL RATE) DISCOUNT $967.00 $968.00 $969.00 $970.00 $971.00 $972.00 $973.00 $974.00 $975.00 $976.00 $977.00 $978.00 $979.00 $980.00 $981.00 $982.00 $983.00 $984.00 $985.00 $986.00 $987.00 $988.00 $989.00 $990.00 $991.00 $092.00 $993.00 $994.00 $995.00 $996.00 $997.00 $998.00 38 $1,679.75 $1,681.50 $1,683.25 $1,685.00 $1,686.75 $1,688.50 $1,690.25 $1,692.00 $1,693.75 $1,695.50 $1,697.25 $1,699.00 $1,700.75 $1,702.50 $1,704.25 $1,706.00 $1,707.75 $1,709.50 $1,711.25 $1,713.00 $1,714.75 $1,716.50 $1,718.25 $1,720.00 $1,721.75 $1,723.50 $1,725.25 $1,72700 $1,728.75 $1,730.50 $1,732.25 $1,734.00 $671.90 $672.60 $673.30 $674.00 $674.70 $675.40 $676.10 $676.80 $677.50 $678.20 $678.90 $679.60 $680.30 $681.00 $681.70 $682.40 $683.10 $683.80 $684.50 $685.20 $685.90 $686.60 $687.30 $688.00 $688.70 $689.40 $690.10 $690.80 $691.50 $692.20 $692.90 $693.60 Case 10-00101 OWNERS AMOUNT OF PREMIUM COVERAGE (FULL RATE) $849,000.00 $850,000.00 $851,000.00 $852,000.00 $853,000.00 $854,000.00 $855,000.00 $856,000.00 $857,000.00 $858,000.00 $859,000.00 $860,000.00 $861,000.00 $862,000.00 $863,000.00 $864,000.00 $865,000.00 $866,000.00 $867,000.00 $868,000.00 $869,000.00 $870,000.00 $871,000.00 $872,000.00 $873,000.00 $874,000.00 $875,000.00 $876,000.00 $877,000.00 $878,000.00 $879,000.00 $880,000.00 $2,497.50 $2,500.00 $2,502.50 $2,505.00 $2,507.50 $2,510.00 $2,512.50 $2,515.00 $2,517.50 $2,520.00 $2,522.50 $2,525.00 $2,527.50 $2,530.00 $2,532.50 $2,535.00 $2,537.50 $2,540.00 $2,542.50 $2,545.00 $2,547.50 $2,550.00 $2,552.50 $2,555.00 $2,557.50 $2,560.00 $2,562.50 $2,565.00 $2,567.50 $2,570.00 $2,572.50 $2,575.00 Doc 6-11 REISSUE PREMIUM LENDERS. REISSUI':! DISCOUNT (FULL RATE) DISCOUNT $1,735.75 $1,737.50 $1,739.25 $1,741.00 $1,742.75 $1,744.50 $1,746.25 $1,748.00 $1,749.75 $1,751.50 $1,753.25 $1,755.00 $1,756.75 $1,758.50 $1,760.25 $1,762.00 $1,763.75 $1,765.50 $1,767.25 $1,769.00 $1,770.75 $1,772.50 $1,774.25 $1,776.00 $1,777.75 $1,779.50 $1,781.25 $1,783.00 $1,784.75 $1,786.50 $1,788.25 $1,790.00 ,.$694.30 $999.00 $1.000.00 $1.001.00 $1,002.00 $1,003.00 $1.004.00 $1.005.00 $1,006.00 $1.007.00 $1,008.00 $1.009.00 $1.010.00 $1.011.00 $1.012.00 $1,013.00 $1.014.00 $1.015.00 $1.016.00 $1.017.00 $1.018.00 $1.019.00 $1.020.00 $1.021.00 $1.022.00 $1,023.00 $1.024.00 $1.025.00 $1.026.00 $1.027.00 $1.028.00 $1.029.00 $.1.030.00 $695.00 $695.70 $696.40 $697.10 $697.80 $698.50. $699.20 $699.90 $700.60 $701.30 $702.00 $702.70 $703.40 $704.10 $704.80 $705.50 $706.20 $706.90 $707.60 $708.30 $709.00 $709.70 $710.40 $711.10 $711.80 $712.50 $713.20 $713.90 $714.60 $715.30 SJ.16.oo Filed 03/23/10 Page 8 of 13 PLAINTIFFS' EXHIBIT J AMOUNT OF COVERAGE $881,000.00 $882,000.00 $883,000.00 $884,000.00 $885,000.00 $886,000.00 $887,000.00 $888,000.00 $889,000.00 $890,000.00 $891,000.00 $892,000.00 $893,000.00 $894,000.00 $895,000.00 $896,000.00 $897,000.00 $898,000.00 $899,000.00 $900,000.00 $901,000.00 $902,000.00 $903,000.00 $904,000.00 $905,000.00 $906,000.00 $907,000.00 $908,000.00 $909,000.00 $910,000.00 $911,000.00 $912,000.00 $2,577.50 $2,580.00 ' $2,582.50 $2,585.00 $1 $2,587.50 $1,035.00 $2,590.00 $1,036.00 $2,592.50 $1.037.00 $2,595.00 $1,038.00 $2,597.50 $1,039.00 $2,600.00 $1,040.00 $2,602.50 $1.041.00 $2,605.00 $1,042.00 $2,607.50 $1,043.00 $2,610.00 $1.044.00 $2,612.50 $1.045.00 $2,615.00 $1.046.00 $2,617.50 $1.047.00 $2,620.00 $1,048.00 $2,622.50 $1,049.00 $2,625.00 $1.050.00 $2,627.50 $1.051.00 $2,630.00 $1,052.00 $2,632.50 $1.053.00 $2,635.00 $1.054.00 $2,637.50 $1.055.00 $2,640.00 $1,056.00 $2,642.50 $1.057.00 $2,645.00 $1,058.00 $2,647.50 $1.059.00 $2,650.00 $1,060.00 $2,652.50 $1.061.00 $2,655.00 $1062.00 40 39 $1,795.25 $1,797.00 $1,798.75 $1,800.50 $1,802.25 $1,804.00 $1,805.75 $1,807.50 $1,809.25 $1,811.00 $1,812.75 $1,814.50 $1,816.25 $1,818.00 $1,819.75 $1,821.50 $1,823.25 $1,825.00 $1,826.75 $1,828.50 $1,830.25 $1,832.00 $1,833.75 $1,835.50 $1,837.25 $1,839.00 $1,840.75 $1,842.50 $1,844.25 $1,846.00 • $720.20 $720.90 $721.60 $722.30 $723.00 $723.70 $724.40 $725.10 $725.80 $726.50 $727.20 $727.90 $728.60 $729.30 $730.00 $730.70 $731.40 $732.10 $732.80 $733.50 $734.20 $734.90 $735.60 $736. $737.00 $737.70 $738.40 ,'~ , < Case 10-00101 AMOUNT OF PREMIUM COVERAGE (FULL RATE) $913,000.00 $914,000.00 $915,000.00 $916,000.00 $917,000.00 $918,000.00 $919,000.00 $920,000.00 $921,000.00 $922,000.00 $923,000.00 $924,000.00 $925,000.00 $926,000.00 $927,000.00 $928,000.00 $929,000.00 $930,000.00 $931,000.00 $932,000.00 $933,000.00 $934,000.00 $935,000.00 $936,000.00 $937,000.00 $938,000.00 $939,000.00 $940,000.00 $941,000.00 $942,000.00 $943,000.00 $944,000.00 $2,657.50 $2,660.00 $2,662.50 $2,665.00 $2,667.50 $2,670.00 $2,672.50 $2,675.00 $2,677.50 $2,680.00 $2,682.50 $2,685.00 $2,687.50 $2,690.00 $2,692.50 $2,695.00 $2,697.50 $2,700.00 $2,702.50 $2,705.00 $2,707.50 $2,710.00 $2,712.50 $2,715.00 $2,717.50 $2,720.00 $2,722.50 $2,725.00 $2,727.50 $2,730.00 $2,732.50 $2,735.00 OWNERS REISSUE DISCOUNT $1,063.00 $1,064.00 $1,065.00 $1,066.00 $1,067.00 $1,068.00 $1,069.00 $1,070.00 $1,071.00 $1,072.00 $1,073.00 $1,074.00 $1,075.00 $1,076.00 $1,077.00 $1,078.00 $1,079.00 $1,080.00 $1,081.00 $1,082.00 $1,083.00 $1,084.00 $1,085.00 $1,086.00 $1,087.00 $1,088.00 $1,089.00 $1,090.00 $1,091.00 $1,092.00 $1,093.00 $1,094.00 41 Doc 6-11 LENDERS PREMIUM REISSUE (FULL RATE) DISCOUNT $1,847.75 $1,849.50 $1,851.25 $1,853.00 $1,854.75 $1,856.50 $1,858.25 $1,860.00 $1,861.75 $1,86350 $1,865.25 $1,867.00 $1,868.75 $1,870.50 $1,872.25 $1,874.00 $1,875.75 $1,877.50 $1,879.25 $1,881.00 $1,882.75 $1,884.50 $1,886.25 $1,888.00 $1,889.75 $1,891.50 $1,893.25 $1,895.00 $1,896.75 $1,898.50 $1,900.25 $1,902.00 $739.10 $739.80 $740.50 $741.20 $741.90 $742.60 $743.30 $744.00 $744.70 $745.40 $746.10 $746.80 $747.50 $748.20 $748.90 $749.60 $750.30 $751.00 $751.70 $752.40 $753.10 $753.80 $754.50 $755.20 $755~90 $756.60 $757.30 $758.00 $758.70 $759.40 $760.10 $760.80 Filed 03/23/10 Page 9 of 13 AMOUNT OF PREMIUM COVERAGE (FULL RATE) $945,000.00 $946,000.00 $947,000.00 $948,000.00 $949,000.00 $950,000.00 $951,000.00 $952,000.00 $953,000.00 $954,000.00 $955,000.00 $956,000.00 $957,000.00 $958,000.00 $959,000.00 $960,000.00 $961,000.00 $962,000.00 $963,000.00 $964,000.00 $965,000.00 $966,000.00 $967,000.00 $968,000.00 $969,000.00 $970,000.00 $971,000.00 $972,000.00 $973,000.00 $974,000.00 $975,000.00 $976,000.00 $2,737.50 $2,740.00 $2,742.50 $2,745.00 $2,747.50 $2,750.00 $2,752.50 $2,755.00 $2,757.50 $2,760.00 $2,762.50 $2,765.00 $2,767.50 $2,770.00 $2,772.50 $2,775.00 $2,777.50 $2,780.00 $2,782.50 $2,785.00 $2,787.50 $2,790.00 $2,792.50 $2,795.00 $2,797.50 $2,800.00 $2,802.50 $2,805.00 $2,807.50 $2,810.00 $2,812.50 $2,815.00 PLAINTIFFS' EXHIBIT J OWNERS LENDERS REISSUE PREMIUM REISSUE DISCOUNT (FULL RATE) DISCOUNT $1,095.00 $1,096.00 $1,097.00 $1,098.00 $1,099.00 $1,100.00 $1,101.00 $1,102.00 $1,103.00 $1,104.00 $1,105.00 $1,106.00 $1,107.00 $1,108.00 $1,109.00 $1,110.00 $1,111.00 $1,112.00 $1,113.00 $1,114.00 $1,115.00 $1,116.00 $1,117.00 $1,118.00 $1,119.00 $1,120.00 $1,121.00 $1,122.00 $1,123.00 $1,124.00 $1,125.00 $1,126.00 42 $1,903.75 $1,905.50 $1,907.25 $1,909.00 $1,910.75 $1,912.50 $1,914.25 $1,916.00 $1,917.75 $1,919.50 $1,921.25 $1,923.00 $1,924.75 $1,926.50 $1,928.25 $1,930.00 $1,931.75 $1,933.50 $1,935.25 $1,937.00 $1,938.75 $1,940.50 $1,942.25 $1,944.00 $1,945.75 $1,94750 $1,949.25 $1,951.00 $1,95275 $1,954.50 $1,956.25 $1,958.00 $761.50 $762.20 $762.90 $763.60 $764.30 $765.00 $765.70 $766.40 $767.10 $767.80 $768.50 $769.20 $769.90 $770.60 $771.30 $772.00 $772.70 $773.40 $774.10 $774.80 $775.50 $776.20 $776.90 $777.60 $778.30 $779.00 $779.70 $780.40 $781.10 $781.80 $782.50 $783.20 Case 10-00101 OWNERS AMOUNT OF COVERAGE $977,000.00 $978,000.00 $979,000.00 $980,000.00 $981,000.00 $982,000.00 $983,000.00 $984,000.00 $985,000.00 $986,000.00 $987,000.00 $988,000.00 $989,000.00 $990,000.00 $991,000.00 $992,000.00 $993,000.00 $994,000.00 $995,000.00 $996,000.00 $997,000.00 $998,000.00 $999,000.00 $1,000,000.00 $1,500,000.00 $2,000,000.00 $2,500,000.00 $3,000,000.00 $3,500,000.00 $4,000,000.00 $4,500,000.00 $5,000,000.00 PREMIUM (FULL RATE) $2,817.50 $2,820.00 $2,822.50 $2,825.00 $2,827.50 $2,830.00 $2,832.50 $2,835.00 $2,837.50 $2,840.00 $2,842.50 $2,845.00 $2,847.50 $2,850.00 $2,852.50 $2,855.00 $2,857.50 $2,860.00 $2,862.50 $2,865.00 $2,867.50 $2,870.00 $2,872.50 $2,875.00 $3,875.00 $4,875.00 $5,875.00 $6,875.00 . $7,875.00 $8,875.00 $9,875.00 $10,875.00 REISSUE DISCOUNT $1,127.00 $1,~28.00 $1,129.00 $1,130.00 $1,131.00 $1,132.00 $1,133.00 $1,134.00 $1,135.00 $1,136.00 $1,137.00 $1,138.00 $1,139.00 $1,140.00 $1,141.00 $1,142.00 $1,143.00 $1,144.00 $1,145.00 $1,146.00 $1,147.00 $1,148.00 $1,149.00 $1,150.00 $1,550.00 $1,950.00 $2,350.00 $2,750.00 $3,150.00 $3,550.00 $3,950.00 $4,350.00 43 PREMIUM (FULL RATE) $1,959.75 $1,961.50 $1,963.25 $1,965.00 $1,966.75 $1,968.50 $1,970.25 $1,972.00 $1,973.75 $1,975.50 $1,977.25 $1,979.00 $1,980.75 $1,982.50 $1,984.25 $1,986.00 $1,987.75 $1,989.50 $1,991.25 $1,993.00 $1,994.75 $1,996.50 $1,998.25 $2,000.00 $2,750.00 $3,500.00 $4,250.00 $5,000.00 $5,750.00 $6,500.00 $7,250.00 $8,000.00 Doc 6-11 Filed 03/23/10 Page 10 of 13 LENDERS REISSUE DISCOUNT $783.90 $784.60 $785.30 .. $786.00 $786.70 $787.40 $788.10 $788.80 $789.50 $790.20 $790.90 $791.60 $792.30 $793.00 $793.70 $794.40 $795.10 $795.80 $796.50 $797.20 $797.90 $798.60 $799.30 $800.00 $1,100.00 $1,400.00 $1,700.00 $2,000.00 $2,300.00 $2,600.00 $2,900.00 $3,200.00 PLAINTIFFS' EXHIBIT J AMOUNT OF COVERAGE OWNERS PREMIUM (FULL RATE) LENDERS PREMIUM (FULL RATE $5,500,000.00 $11,625.00 $8,500.00 $6,000,000.00 $12,375.00 $9,000.00 $6,500,000.00 $13,125.00 $9,500.00 $7,000,000.00 $13,875.00 $10,000.00 $7,500,000.00 $14,625.00 $10,500.00 $8,000,000.00 $15,375.00 $11,000.00 $8,500,000.00 $16,125.00 $11,500.00 $9,000,000.00 $16,875.00 $12,000.00 $9,500,000.00 $17,625.00 $12,500.00 $10,000,000.00 $18,375.00 $13,000.00 $10,500,000.00 $19,125.00 $13,500.00 $11,000,000.00 $19,875.00 $14,000.00 $11,500,000.00 $20,625.00 $14,500.00 $12,000,000.00 $21,375.00 $15,000.00 $12,500,000.00 $22,125.00 $15,500.00 $13,000,000.00 $22,875.00 $16,000.00 $13,500,000.00 $23,625.00 $16,500.00 $14,000,000.00 $24,375.00 $17,000.00 $14,500,000.00 $25,125.00 $17,500.00 $15,000,000.00 $25,875.00 $18,000.00 4.4 Case 10-00101 Doc 6-11 Filed 03/23/10 Page 11 of 13 PLAINTIFFS' EXHIBIT J ORIGINAL MORTGAGE EAGLE POLICY TITLE INSURANCE RATES FOR THE STATE OF MARYLAND PER THOUSAND Up to $250,000 of liability written , ' Over $250,000 and up to $500IcOOO~ add Over $500,000 and up to $1,000,OOO,ad<:l. Over $1,000,000 and up to $5JOOO~OOO, add' Over $5,000,000, add " Minimum Premium ,$3.00 $2.4tl $2.1("" S1.8CJ $1.26 ' , $120.00 Rl>ISSUE~TE$~"~_~; . ' The re-issue rate, where. ,Prj~AATEIESOQK) shalt' be 60% of the publ,isMctniJe!l "",,.;OrtliJWfiri~ce... fqe..' issue rates apply up 1~(tl1.~-~'" >'" ,:'t)fthj preVtow,peIiPy only,' MINIMUM PREMIUM:s,~~9~ir.'t,f·'/Ct~·)";'<' ' "",' First American Title Instirance CJmpany c Amount Up to $250,000 of liability written Over $250,000 and up to $500,000, add Over $500,000 and up to $1,000,000, add Over $1,000,000 and up to $5,000,000, add Over $5,000,000, add Minimum Premium $4.20 ,$3.60 ' c$3.00 $2.40," $1.80 $168.00 SIMULTANEOUS ISSUE . $40,000 1~~oO{~'.~'.'d~()(): 41,000 123.",,,;'>172.20 42,00() " 12~;oQ't;. 1?e~4!1 43,000 132.90',:'180.60 44,000 ,,"'1~.< ,'84.80 45,000 '1~.OO,1i.189.00 46,000 '138.60"! t93~20 47,000 "'f41~O(f'197.40 48,~144.QO 201.60 205.80 49,000, ,,147.00 50,000 150.00 210;00 51,000 153.00 214.20 52,000 '156;00 218.40 53,000 159.00 222.60 54,()()() 162.00 226.80 55,000 165.00 231.00" , 56,000 168.00 2352& " 57,000 171.00 58,000 174.00 59,000 1n.oo, C ORIGINAL OWNER The MORTGAGEE'S policy, when issued simultaneously with the OWNER'S policy, shall not exceed the amount of the OWNER'S policy. The rate for any such MORTGAGEE'S policy shall be $25.00 47 '. $6(),ooo 61,000 62,000 63,000 ' 64,000 65.000 ",:j306~60 ~:310.80 ; '315.00 319.20 323.40 327.60, 331.80 . " .;;- "-'- -;, Case 10-00101 Amount Mortgage Premium Owners Premium 80,000 81,000 82,000 83,000 84,000 85,000 86,000 87,000 88,000 89,000 90,000 91,000 92,000 93,000 94,000 95,000 96,000 97,000 98,000 99,000 100,000 105,000 110,000 115,000 120,000 125,000 130,000 135,000 140,000 145,000 150,000 155,000 160,000 165,000 240.00 243.00 246,00 249.00 252.00 255.00 258.00 261.00 264.00 267.00 270.00 273.00 276.00 279.00 282.00 285.00 288.00 291.00 294.00 297.00 300.00 315.00 330.00 345.00 360.00 375.00 390.00 405.00 420.00 435.00 450.00 465.00 480.00 495.00 336.00 340.20 344.40 348.60 352.80 357.00 361.20 365.40 369.60 373.80 378.00 382.20 386.40 390.60 394.80 399.00 403.20 407.40 411.60 415.80 420.00 441.00 462.00 483.00 504.00 525.00 546.00 567.00 588.00 600.00 630.00 651.00 672.00 693.00 Amount 170,000 175,000 180,000 185,000 190,000 195,000 200,000 225,000 250,000 275,000 300,000 325,000 350,000 375,000 400,000 425,000 450,000 475,000 500,000 550,000 600,000 650,000 700,000 750,000 800,000 850,000 900,000 950,000 1,000,000 1,500,000 2,000,000 3,000,000 4,000,000 5,000,000 49 Mortgage Premium Doc 6-11 Filed 03/23/10 Owners Premium 510.00 714.00 525.00 735.00 540.00 756.00 555.00 777.00 570.00 798.00 585.00 819.00 600.00 840.00 675.00 945.00 750.00 1,050.00 810.00 1,140.00 870.00 1,230.00 930.00 1,320.00 990.00 1,410.00 1,050.00 1,500.00 1,110.00 1,590.00 1,170.00 1,680.00 1,230.00 1,770.00 1,290.00 1,860.00 1,350.00 1,950.00 1,455.00 2,100.00 1,560.00 2,250.00 1,665.00 2,400.00 1,770.00 2,550.00 1,875.00 2,700.00 1,980.00 2,850.00 2,085.00 3,000.00 2,190.00 3,150.00 2,295.00 3,300.00 2,400.00 3,450.00 3,300.00 4,650.00 4,200·90 5,850.00 6,000.00 8,250.00 7,800.00 10,650.00 9,600.00 13,050.00 Page 12 of 13 PLAINTIFFS' EXHIBIT J NOTES/UPDATES j: 50 Case 10-00101 Doc 6-11 Filed 03/23/10 Page 13 of 13 PLAINTIFFS' EXHIBIT J EXTENSION OF MORTGAGE L~ANS When the debt secured by a mortgage on real property, the title to which has been insured by this Company, is renewed by an extension agreement or is modified, a new title p6licy (upon surrender of the policy for the original loan) or an endorsement to the existing policy, furnishing coverage up to and including the date of recording of the extension or modification agreementwill be issued at the following rates: Per Thousand Up to $250,000 of liability written $ 1.00 Over $250,000 and up to $500,000 .50 ----------------------------ever----$500,ooe-a-rtd--tJ-p--to--$--1-;OOG;OOe---------A-D---------------- ---Over $1,000,000 and up to $~OOO,OOO .25 Over $5,000,000, add .10 Minimum Premium $50.00 These rates apply to routine cases. This rate does not apply if the modification is to add additional security to the mortgage. Additional premium may be charged depending upon the extent of services rendered. If the purpose of the modification is to increase liability, the amount of additional liability will be charged full mortgagee rates at the applicab:'3 bracket or brackets. Case 10-00101 Doc 6-12 Filed 03/23/10 PLAINTIFFS' EXHIBIT K FROM: • F.IRIT :RESJI:ENr.IAL MRIGG: EEmCES CI:RRRZIT.lIN SlO SYr.J.m AVENE ENIEW:XD a.iIFFS, l\EW ~ rJ7632 Document Date: NOVEMBER 20, 2006 Closing Date: NOVEMBER 20, Etrrl=: (201)861-0531 TO: ATTN: Page 1 of 3 2006 Disbursement: NOVEMBER 28, 2006 Excelente Settlements 401 N. Washington Street, 4th Floor Rockville, Maryland 20850 (301)838-4010 Contact contact Case No.: Loan No.: 06MD-0000001300 App. No.: Order No.: RE: Borrower(s) : Placido Salazar Escrow No.: 6 04 E1 dr i d Dr i ve Silver Spring, Maryland 20904 Property Address: GENERAL CLOSING INSTRUCTIONS Do not close or fund this loan unless ALL conditions in these closing instructions and any supplemental closing instructions have been satisfied. The total consideration in this transaction except for our loan proceeds and approved secondary financing must pass to you in the form of cash. Do not close or fund this loan if you have knowledge of a concurrent or subsequent transaction which would transfer the subject property. You must follow these instructions exactly. These closing instructions can only be modified with our advance written approval. You shall be deemed to have accepted and to be bound by these closing instructions if you fail to notify us in writing to the contrary within 48 hours of your receipt hereof or if you disburse any funds to or for the account of the Borrower(s). All documents with the exception of those to be recorded (Security Instrument, Riders, Corporation Assignment(s), Grant of the signing. Please Deed, Quit Claim, Power of Attorney, etc.) must be returned to our office within 24 HOURS return certified copies of those documents that are to be recorded. Failure to comply with these instructions may delay funding. EXECUTION OF DOCUMENTS: 1. 2. 3. Each Borrower must sign all documents exactly as his or her name appears on the blank line provided for his or her signature. All signatures must be witnessed if required or customary. All signature acknowledgements must be executed by a person authorized to take acknowledgements in the state of closing. Any correction to loan documents must be approved in writing by us in advance. No white-out permitted. Approved deletion should be made by marking a single line through the language being deleted. All additions and deletions must be initialed by all borrowers. All Powers of Attorney must be provided to and approved by us in advance. If approved, the Power of Attorney must be recorded in the same county(ies) in which the Security Instrument is recorded, a certified copy provided to us. RESCISSION: 1. 2. 3. If the transaction is subject to rescission, provide each Borrower and each person having any ownership interest in the security property with two (2) copies of the completed Notice of Right to Cancel. The Notice of Right to Cancel must be properly completed (including all dates) and each borrower and person given two notices must execute an acknowledgement of receipt. Your failure to properly complete and provide the Notices of Right to Cancel to each person entitled to receive them will delay this closing. No Borrower or other person having an ownership interest in the Security Property may modify or waive his or her right to rescind without our prior written consent. If any Borrower or other person having an ownership interest in the security property indicates that he or she wishes to cancel this transaction, contact us immediately for further instructions. SURVEYS: 1. A valid survey dated within 90 days of closing is required in areas where surveys are customary. 2. The survey must contain all relevant and customary information and certifications and the legal description, lot size and street must agree with the appraisal and closing documents. HAZARD INSURANCE: 1. The Borrower(s) must provide satisfactory evidence of hazard insurance coverage and flood insurance coverage if the Property is located in a special flood hazard area. 2. Dwelling coverage must be equal to the lesser of the loan amount or the full replacement value of the property improvements, and must extend for either a term of at least one (1) year after the closing date for purchase transactions months after the closing date for refinance transactions. or six (6) Loss payee/mortgagee clause to read: FIRST RESIDENTIAL MORTGAGE SERVICES CORroRATION 3. ACKNOWLEDGED AND AGREED: 570 SYLVAN AVENUE EN3LEWCX>D CLIFFS, NEW JERSEY 07632 Loan NLnnber: 06MD-0000001300 ~- L7~ Settletiient Agent Contact contact GENERAL CLOSING INSTRUCTIONS 04/26/06 DocMaglc~ 800-649-1362 www.docmagic.com Case 10-00101 Doc 6-12 Filed 03/23/10 PLAINTIFFS' EXHIBIT K FROM: F.IRSI' RESICENITAL ~ S!RVICES ~ 570 S':lJJ.lPN AVENE ENJ:EWXD a..;n;m, mJ ~ CJ7632 Phone: (201)861-0531 Page 2 of 3 Document Date: IDVElVIBER 20, 2006 Closing Date: IDVEMBER 20, 2006 Disbursement: IDVElVIBER 28, 2006 TO: Excelente Settlements 401 N. Washington Street, 4th Floor Rockville, Maryland 20850 (301)838-4010 ATTN: Contact contact Case No.: Loan No.: 06MD-0000001300 App. No.: Order No.: RE: Escrow No.: Borrower(s): Placido Salazar Property Address: 604 Eldrid Drive Silver Spring, Maryland 20904 SPECIFIC CLOSING INSTRUCTIONS LOAN DOCUMENTS: We enclose the following documents necessary to complete the above referenced loan transaction: (X) tbte (X) Transfer of Servicing (X) Vb:rkshE::ets (X) D::e:l of Trust (X) Initial Escl:cw Acct. Disc. (X) Patriot Act (X) Interest CblY Payrrent PericdStrnt. (X) Ctnpliance Agreerent Pildendum to tbte (X) Rescissim tbtice (X) Hazard Ins. Req. (X) InJ;nmd Auth. (X) ~ Cert. (X) Payrrent letter Deliver one (I) copy of all loan documents to the Borrower(s); deliver one (I) copy of the Federal Truth-In-Lending Disclosure Statement to each Borrower. LOAN TERMS: ARM Loan: ( ) Yes (X) No Index: Margin: Periodic Rate Cap: Lifetime Rate Cap: Lifetime Rate Floor: Interest Change Date: Payment Change Date: Loan Purpose: REFINANCE Loan Amount: 3 54 , 4 0 a . 00 Initial Advance: Sales Price: Term (Months): 3 6 0 Interest Rate: 7. 7 5 0 Initial Payment: 2 I 2 8 8 . 83 First Payment Date: 01/01/07 Last Payment Date: 12/01/36 PAYOFF REQUIREMENTS: It is a condition to the funding of this loan that the following payoffs be made through this closing. Indicate payoffs on the HUD·I Settlement Statement or provide other satisfactory evidence of payoff: CONDITIONS TO BE SATISFIED PRIOR TO DISBURSEMENT OF LOAN PROCEEDS: First ~ ~ ITU3t l:e ill tre First liEn R::sitim. a:rrro Hill taxes ITU3t l:e prid at clc::s:inJ. 'UEre are 2 cp:n ~ m s::h:d.llEd B-1 Lires 5 am 6 tlEt TlU'3t l:e prid pr::icr fLn±in;r. 'UEre are 6 p:iiOf:f d3:ts tlEt TlU'3t l:e prid pr::icr fu:dir.g. WE ARE TO BE AT NO EXPENSE IN THIS TRANSACTION TITLE INSURANCE REQUIREMENTS: You are authorized to use funds for the account of the Borrowers and to record all instruments when you comply with the following: TO 1. THIS LOAN MUST RECORD IN 1ST LIEN POSITION ON OR PRIOR' THE DISBURSEMENT DATE NOTED ABOVE. PROVIDE DUPLICATE ORIGINALS OF THE ALTA TITLE p' ICY. 2. Vesting to read: Placido Salazar and Maria N. Salaz~";, //"" \ / 3. Title Policy must contain the following endorsements (or their equivalerl~: 4 . ALTA Title Policy must be free from liens. encumbrances. easements. encrollchments and oth r title matters except (i) the lien of our loan in the amount of our loan on the property described fie~Jn sho ng the Instrument or Document Number and the date of recording of the Security Instrument; (ii) general. specific. state. county, city. ; school or other taxes and assessments not yet due or payable: (iii) other items as permitted by us; and (iv) the following items as shown on the preliminary title report. commitment. binder or eqUivalent dated SECONDARY FINANCING: Secondary financing in the amount of $ 8 8 , 6 a a . a 0 has been approved. SPECIFIC CLOSING INSTRUCTIONS 05/05/05 Page 1 of 2 DocMaglc ~ 800-649-7362 www.docmaglc.com Case 10-00101 Doc 6-12 Filed 03/23/10 PLAINTIFFS' EXHIBIT K Page 3 of 3 ESTIMATE OF FEES AND COSTS: Fee Fee to: Residential Appraisal Report to: Landsafe Credit, Inc Credit Report to: Landsafe Credit, Inc Tax Service Fee to: FRMSC Commitment Fee to: Service Provider Application Fee to: Service Provider Flood Certification Fee to: Landsafe Flood Ce Abstract or Title Search to: Excelente Settle Title Examination to: Excelente Settlements Title Insurance Binder to: Excelente Settleme Document Preparation Fee to: Excelente Settle Title Insurance to: Service Provider Courier Fee to: Service Provider 2nd. half Taxes to: Other Release to: Other 4,252.8 $350.00 27 00 . 50.00 78.00 $450.00 $350.00 $12.00 $195.00 65.00 50.00 50.00 $1,002.00 $85.00 $1,543.98 $150.00 -1 $50.00 1 Borrower Borrower Borrower Borrower Borrower Borrower Borrower Borrower Borrower Borrower Borrower Borrower Borrower Borrower Borrower Borrower Subtotal of Estimated Fees and Costs: $ _ _-=8:...L,--=6-=.0-=..6..::....7.:. .;8=PER DIEM INTEREST: From: 11/28/06 To:12/ 01/ 06 (Anticipated Closing Date) _3::::..-_ days at $ _ _---.:7--=6;...;.:...;:2::...:9:c..4;::..4=-.,_ per day $ _ _---=2=2=8;..:.. .:::.88=- Subtotal of Per Diem Interest: IMPOUNDS/ESCROWS: Impound/escrow checks should be made payable to and sent to us together with the original final HUD-l Settlement Statement. 4 month(s) at $ 49.17 per month = olL$_-=.19..,.;6>w->.6,,-,8,,2 month(s) at $ 257.34 per month = olL$_--'-51 ...4.......,.6...,,8__ month(s) at $ per month = olL$_ _ _ __ month(s) at $ per month = .... $ _ _ _ __ per month = .... $ _ _ _ __ month(s) at $ Aggregate Escrow Adjustment: $ _ _-~9.!.!8",-,-,.3,,5.L Impound Subtotal: Mortgage Ins. Premium: TOTAL OF FEES AND COSTS: $ _ _----..:6=-=1=3:..:...-",01=$ - - - - - - ' - ' .O"-'O~ $ ==~9==,4~4~8!=.~67-f= HUD·1 SETTLEMENT STATEMENT: The final HUD-l Settlement Statement must be completed at settlement and must accurately reflect all receipts and disbursements indicated in these closing instructions and any amended closing instructions subsequent hereto. If any changes to fees occur documents may need to be re-drawn and re-signed, Fax a certified copy of the final HUD-l Settlement Statement to FIRST RESIDENTIAL MORTGAGE SERVICES CORPORATION Attention: Quality Assurance. Send the original final HUD-l Settlement Statement to us at the following address within 24 hours of settlement: 570 SYLVAN AVENUE, ENGLEWOOD CLIFFS, NEW JERSEY 07632 ADDITIONAL INFORMATION: BORROWER MUST SIGN AND DATE THESE CLOSING INSTRUCTIONS. If for any reason this loan does not close within 24 hours of your receipt of funds, immediately return all documents to Lender and wire all funds only to: FIRST RESIDENTIAL MORTGAGE SERVICES CORPORATION 570· SYLVAN AVENUE, ENGLEWOOD CLIFFS, NEW JERSEY 07632 If you have any questions regarding any of these instructions, please contact FIRST RESIDENTIAL MORTGAGE SERVICES CORPORATION at(201) 861-0531 . MENT: I/We have read and acknowledged receipt of these Closing Instructions. (0 Cp=---' _ _ _ _ _- - ; : : - : - Borrower Date Borrower Date Borrower Date Borrower Date Borrower Date ACKNOWLEDGED AND AGREED: (../"'Settlement Agent Contact contact DocMaglc ~ 800·649·1362 SPECIFIC CLOSING INSTRUCTIONS 05/05/05 Page 2 of 2 www.docmagic.com Case 10-00101PLAINTIFFS' Doc 6-13 Filed 03/23/10 EXHIBIT L Page 1 of 11 Case 10-00101PLAINTIFFS' Doc 6-13 Filed 03/23/10 EXHIBIT L Page 2 of 11 Case 10-00101PLAINTIFFS' Doc 6-13 Filed 03/23/10 EXHIBIT L Page 3 of 11 Case 10-00101PLAINTIFFS' Doc 6-13 Filed 03/23/10 EXHIBIT L Page 4 of 11 Case 10-00101PLAINTIFFS' Doc 6-13 Filed 03/23/10 EXHIBIT L Page 5 of 11 Case 10-00101PLAINTIFFS' Doc 6-13 Filed 03/23/10 EXHIBIT L Page 6 of 11 Case 10-00101PLAINTIFFS' Doc 6-13 Filed 03/23/10 EXHIBIT L Page 7 of 11 Case 10-00101PLAINTIFFS' Doc 6-13 Filed 03/23/10 EXHIBIT L Page 8 of 11 Case 10-00101PLAINTIFFS' Doc 6-13 Filed 03/23/10 EXHIBIT L Page 9 of 11 Case 10-00101 PLAINTIFFS' Doc 6-13 Filed 03/23/10L Page 10 of 11 EXHIBIT Case 10-00101 PLAINTIFFS' Doc 6-13 Filed 03/23/10L Page 11 of 11 EXHIBIT Excelente Settlements - Produced 01/29/2010 Case 10-00101 Doc 6-14 Filed 03/23/10 Page 1 of 7 ES Page 210 of 356 PLAINTIFFS' EXHIBIT M «tease No. 05-05-0506R ".,6., ·/:~)3 After Recording Mail To: BELTWAY TITLE &ABSTRACT, INC. 9470 Annapolis Rd., #117 --' Lanham, Maryland 20706 Attention: Post Closing ~de I; Title Insurer: QJft:is Commonwealth land Tit\a Ina. Co. Tax NC# 5' fBb ·3~(g l~ . this 17th day of October, 2005, by and between Kelly W. Gray, hereinafter referred to as "the Grantor", party of the first part; and Placido Salazar Claros and Maria N. Salazar, hereinafter referred to as "the Grantees", parties of the second part. - CWttnesseth .. 6lft.at in consideration of the sum of Four Hundred Ten Thousand And 00/100 Do11ars ($410,000.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, the said Grantor does hereby grant and assign unto the said Grantees, their personal representatives, heirs and assigns, as Tenants by the Entirety, ~1 that piece or parcel of ground situate, lying and being in Montgomery County, Maryland and described as follows, <;thmely: :::.. 3- Q. £ ..- g ~'.l.!' -' I1iD'ij'.timbered Fifteen (15) in Block Numbered Two (2), in the subdivision known as "WOODLAWN ·...,I~CE", as per plat thereof recorded among the Land Records of Montgomery County, Maryland in ~f!~~ok 12 at plat 846. "- :'..J:~~''':: a::~ ~~ffuperty being located in the 5th Election District of said County. - - ( - ') ·-0·c: ..· Cj3etna all of the same land obtained by Deed recorded in Liber 27437 at folio 67 among the Land Records of Montgomery County, Maryland. 6lOaetFter with the buildings thereupon, and the rights, alleys, ways, waters, privileges, appurtenances and advantages thereto belonging or in anywise appertaining. Su&ject to all easements, covenants and restrictions of record. C£'l the execution of this deed, the party of the first part hereby certify under the penalties of perjury that the actual consideration paid or to be paid, including the amount of any Mortgage or Deed of Trust outstanding, is the sum total of $41 0000.00. IMP ~\ EGRE ~(j.8i· , j:;.;:rn~ITr::·::: ~;::.: .~~;, ;;.~, .~. .v_, .L: ... l\ ... ,_'... .Jai;.6 .. -Altd the said party of the first part hereby covenants that she has not done or suffe,Jijj~1ttii'ii~e any !<i2t',~~ Witt. 1v~:t";"tJ~ matter or thing whatsoever, to encumber the property hereby conveyed; that she will warrantF~c~~ the ~.5~~!.i2: hereby granted; and that she will execute such further assurances of the same as may be requisW~P: 3::';'; Blk t 78;'~ Oc1', '\Vitness my hand and seal: MONTGOl'l1tRY COUNTY, MD APPROVED BY lfHt: . OCT 262005 $dl/'IlJ. OQ RECORDATION TAX PAID .()j) TRANSFER TAX PAID $ *()() Printed 10/17/2005 at2:3 I PM 2b~ 2~~£5 -----'--'~~='~=__t"~L-::iJ:....-,C~_~---T---{SEAL} KellYW~) l~~~~8~ F'[ Excelente Settlements - Produced 01/29/2010 ES Page 211 of 356 Case 10-00101 Doc 6-14 Filed 03/23/10 PLAINTIFFS' EXHIBIT M Page 2 of 7 r' Deed I .. From: Kelly W. Gray To: Placido Salazar Claros and Maria N. Salazar Page 2 of2 Stateof~~4 County of OContoOntert ss: q Certify that on this 17th day of October, 2005, before me, the subscriber, a Notary <Here~ Public in and for the jurisdiction aforesaid, personally appeared Kelly W. Gray, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged the same for the purposes therein contained, and further acknowledged the foregoing Deed to be her act, and in my presence signed and sealed the same, giving oath under penalties of perjury that the consideration recited herein is correct. f CJn '\Vitness CWt~eof I have set my hand and offic~,a't seal this 17th day of October, 2005. ,. ' , ',' 11~ ..- - '~~~?~ = I(~ • (£; / " q I :""':;"': CHere~ :.-'" Notary Public My commission expires: _ _ _ _ __ i', ., ~?, ~~2~' Certify that the within instrument was prepared Attorney duly admitted to practice before the Court of Appeals of Maryland. John J. Dwyer TAX ID NUMBER(S): 05-00385212 AFTER RECORDING, PLEASE RETURN TO: Beltway Title and Abstract, Inc. Post Closing Department 9470 Annapolis Road Suite 117 Lanham, Maryland 20706 604 Eldrid Drive Silver S rin ,MD 20904 Excelente Settlements - Produced 01/29/2010 ES Page 212 of 356 Case 10-00101 Doc 6-14 Filed 03/23/10 PLAINTIFFS' EXHIBIT M Page 3 of 7 DATE 11/06/2006 CIRCUIT COURT FOR MONTGOMERY COUNTY S6.5 TIME 11:08:54 LAND RECORDS (INQUIRY (SEARCH NAME)) 1924 COUNTY: 15 PLACE AN 'X' NEXT TO THE RECORD(S) YOU WISH TO DISPLAY AND PRESS <ENTER>. =========================================================================== FIND PARTY'S LAST NAME: CLAROS (OPTIONAL) FIRST NAME: PLACID X * GR/ GE INST NAME GE DEED GR DEEDy T GR DEED TR ' + NAME/CORPORATION CLAROS, PLACIDO SALAZAR CLAROS, PLACIDO SALAZAR CLAROS, PLACIDO SALAZAR DATE BOOK PAGE 2005-10-26 31085 0651 2005-10-26 31085 0658 2005-10-26 31085 0673 e ~. N~ lafJA-', ~ ¥h~ -- I \~J PA2: EXIT F8: PREVIOUS END OF DATA ENTER: PAGING p/ F PAGE 0001 OF 0001 e Excelente Settlements - Produced 01/29/2010 ES Page 213 of 356 Case 10-00101 Doc 6-14 Filed 03/23/10 Page 4 of 7 PLAINTIFFS' EXHIBIT M b58 Tax Account Tdentitication Number/Parcei Identifier Number: After RecordIng Mall To: Tille Insurer. BELTWAY TITLE & AS STRACT, INC. "Commonwealth Land Tille IRL \Il1o 9470 Annapolis Rd., #117 Tax NC# :a-kD-- 1>~O'.)..,';}" Lanham, Maryland 20706 Attention: Post Closing n m MONTd G"'O"l\1'1;i'itR,",y Ci"JIEO""'UNTI'IIY",MnI'1D~-[PURCHASEorMONE)J-------APPROVEDBY_~~=-___ DEED OF TRUST MIN 1001278-0000724496-4 Loan ID II OCT 26 2005 $~RECOROATION TAX PAID $"..tt.J..tJ-TRANSFER TAX PAID DEP[NITIONS Words used ill multiple sections of this document are defined below and other words are defined in Sections 3, II, 13, 18,20 and 21. Certain rules regarding the usage of words used in this document are also provided ill Section 16. (A) "Security Instrument" means this document, which is dated October 17th, 2005 with all Riders to this document. (B) "Borrower" is PLACIDO SALAZAR CLAROS and MARIA SALAZAR, TENANTS BY V ENTIRETY N. Borrower is the trustor under this Security Instrument. , together THZ~~\ - (C) "Lender" is FIDELITY" TRUST MORTGAGE, INC . Lender is a CORPORATION under the laws of THE STATE OF MARYLAND 7000 WISCONSIN AVENUE, CHEVY CHASE, MARYLAND 20815 (D) "Trustee" is ROBERT N. TYSON, JR organized and existing Lender's address is (E) "MERS" is Mortgage Electrouic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nomim:e for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P _O. Box 2026, Flint, Michigan 48501-2026. tel. (888) 679-MERS. (F) "Note" means the promissory note signed by Borrower and dated October 17th, 2005 . The Note states that Borrower owes Lender Three Hundred Twenty Eight Thousand and no/100- - - - - - - - - - - - - - - - - Dollars (U.S. $ 328,000.00 ) plus interest. Borrower has promised to pay this debt in regular Pt:riodic Payments and to pay the debt in full not later than November 1st, 2035 (G) "Property" means the property that is dt:scribed below under the heading "Transfer of Righl~ ill the Property. " (II) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument. plus interest. (1) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: IMP F0 SlRt: Kl Adjustable Rate Rider Balloon Rider o 1·4 Family Rider o o o o Condominium Rider PlalUled Uuit Development Rider Biweekly Payment Rider o o ]., ~W~: Other(s) :~~: (J) "Applicable Law" means all controlling applicable federal, state and local statutes, 2~,~'-j ~0,0~ Rc:~·t i LL~~ Bt.h regulat~,28tdfrifrlces Bh: i and admiuistrative rules and orders (that have the effect of law) as well as all applicable tinal, uon-appealable judicial opinions. (K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or (he Property by a condominiulll association, homeowners association or similar organization_ Initials: _ _ _ _ __ ,,' MARYLAND-Single F.mily--FOUlllle MBe/Freddi. Mac UNIFORM INSTRUMENT MDCMMI -12062002 '.- :D .'E:! Second ~'.n-, '[\t~~e~lE Fonn 3021 1101 (page I of JJ pages) www.MurtgH.geBankingSystems.com 78~'i j4;~j F'E! Excelente Settlements - Produced 01/29/2010 ES Page 214 of 356 Case 10-00101 Doc 6-14 Filed 03/23/10 PLAINTIFFS' EXHIBIT M i· ,, I Page 5 of 7 bbO " «. Case Number: 05-05-0506R Property: 604 Eldrid Drive, Silver Spring, MD 20904 " . Sche4uCeA Lot Numbered Fifteen (15) in Block Numbered Two (2), in the subdivision known as "WOODLAWN TERRACE", as per plat thereof recorded among the Land Records of Montgomery County, Maryland in Plat Book 12 at plat 846. Said property being located in the 5th Election District of said County. CBetnO all of the same land obtained by Deed recorded in Liber 27437 at folio 67 among the Land Records of Montgomery County, Maryland. Printed 10117/2005 at 10:41 :45 AM Excelente Settlements - Produced 01/29/2010 ES Page 215 of 356 Case 10-00101 Doc 6-14 Filed 03/23/10 Page 6 of 7 PLAINTIFFS' EXHIBIT M , b13 " \' ". Tax Account Identification Number/Parcel Identifier Number: After Recording Mail To: BELTWAY TITLE & ABSTRACT, INC. 9470 Annapolis Rd., #117 Lanham, Maryland 20706 Attention: Post Closing PURCRASE MONEY DEED OF TRUST Loan ID It 724497 MIN 1001278-0000724497-2 THIS DEED OPTRUSTis made this 17th dayof October, 2005 ,amongtheGrantor PLACIDO SALAZAR CLAROS and MARIA SALAZAR, TENANTS BY THE ENTIRETY "H. H~~··"(.' . (herein "Borrower"), ROBERT N. TYSON, JR . (herein "Trustee"), and the beneticiary, Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely as nOnllllee for Lender, as hereinafter defined, and Lender's successors and assigns). MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Plint, MI 48501·2026, tel. (888) 679·MERS. Ii'IDELITY & TRUST MORTGAGE, INC , ("Lender") is organized and existing under the laws of THE STATE Oli' MARYLAND , and has an address of 7000 WISCONSIN AVENUE, CHEVY CHASE, MARYLAND 20815 BORROWER, in consideration of the indebtedness herein recited and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the , State of Maryland: County of MONTGOMERY SEE ATTACHMENT A ATTACHED HERETO AND MADE A PART HEREOF MONTGOMeRY COUNTY, MD 2~.0~ ~li,~~ APPROVED BY_'dll ........... '£"'-_ _ ~.~~ OCT 2 6 2005 f::r· . . t\ iG:i .. 2::· Bl:{ :j 7Bt"'2 $~RECORfJATION TAX PAlO ' $4/.lt..- whkb has the address of Maryland 0(i6~ F2 TRANSFER TAX PAID 20904 IZIP Cud.l 604 ELDRID DRIVE, [Strootl (herein "Property Address"); SILVER SPRING [Cityl TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and rents (subject however to the rights and authorities given herein to Lender to collect and apply such rents), all of which shall be deemed to be and remain a part of the property covered by this Deed of Trust; and all of the foregoing, together with said property (or the leasehold estate if this Deed of Trust is on a leasehold) are hereinafter referred to as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Deed of Trust; but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Lender's successors and assigIlS), has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and take any action required of Lender including, but not limited to. releasing or canceling this Deed of Trust. TO SECURE to Lender the repayment of the indebtedness evidenced by Borrower's note dated October 17th, 2005 and exteIlSialls and renewals thereof (herein "Note"), in the principal sum of U .S. $ B2 , 000 • 00 , with interest thereon, providing for monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on November 1st, 2035 fnitials: _ _ _--:--:-:= MARYLAND· SECOND MORTGAGE· liMO. FNMAIFHLMC UNUDR!\1 INSTRUMENT MD2MMI • 121620U2 l'age 1 of (, Amended 4198 Fonn 3fi21 www.MortgftgeBrulkiJ.1fgSystems.com Excelente Settlements - Produced 01/29/2010 ES Page 216 of 356 Case 10-00101 Doc 6-14 Filed 03/23/10 PLAINTIFFS' EXHIBIT M , Page 7 of 7 , 131085' «. Case Number: 05-05-0506AR ~! Property: 604 Eldrid Drive, Silver Spr~~g, MD 20904 b18 \\ ScfteauCe A Lot Numbered Fifteen (15) in Block Numbered Two (2), in the subdivision known as "WOOD LA WN TERRACE", as per plat thereof recorded among the Land Records of Montgomery County, Maryland in Plat Book 12 at plat 846. Said property being located in the 5th Election District of said County. Printed 10117/2005 at 10:53:02 AM Case 10-00101PLAINTIFFS' Doc 6-15 Filed 03/23/10 EXHIBIT N ROBERT J. Page 1 of 3 HAEGER ATTO/{i\'EY A~rj) Cm':\'\EUm AT LA\\ 9535 FERN HOLLOW WAY GAITHERSBURG, MARYLAND 20886-1430 ADMITIED TO PRACTICE IN MARYLAND AND CALIFORNIA Board Certified - Consumer Bankruptcy Law American Board of Certification 301-670-9787 FAX 301-670-6291 November 19, 2009 William F. Aldinger III, President Wells Fargo Bank, National Association, as Trustee for Certificate holders of Bear Stearns Asset Backed Securities I LLC, Asset Backed Certificates, Series 2007-AC2 299 South Main Street Salt Lake City, UT 84111-1901 Wells Fargo Bank, National Association c/o EMC Mortgage Corporation, Agent 909 Hidden Ridge #200 Irving, TX 75038 Wells Fargo Bank, National Association c/o EMC Mortgage Corporation 2780 Lake Vista Drive Lewisville, TX 75067-3884 William F. Aldinger III, President Wells Fargo Bank, National Association, as Trustee for Certificate holders of Bear Stearns Asset Backed Securities I LLC, Asset Backed Certificates, Series 2007-AC2 Attn: BK Department, 1 Home Campus P.O. Box 10335 Des Moines, IA 50328 Wells Fargo Bank, National Association, as Trustee for Certificate holders of Bear Stearns Asset Backed Securities I LLC, Asset Backed Certificates, Series 2007-AC2 c/o Jacob Geesing, Esquire Bierman, Geesing & Ward, LLC 4520 East West Highway, Suite 200 Bethesda, MD 20814 by US Mail and Fax: 301-961-6545 First Residential Mortgage Services Corp. 570 Sylvan Avenue Englewood Cliffs. NJ 07632 by US Mail and Fax: 201-758-2800 Re: Salazar, Placido & Maria N. (a/k/a Placido Salazar Claros)("Consumers") Loan No. 0017937558; Refinance Loan Dated 11120/06 Foreclosure Case No. 322440V 604 Eldrid Drive, Silver Spring, MD 20904 Dear Ladies And Gentlemen: I represent the Consumers concerning the loan transaction which they entered into with First Residential Mortgage Services Corporation (FRMSC) on November 20, 2006. I have been authorized by my clients to rescind this transaction and hereby exercise that right pursuant to the Federal Truth in Lending Act, 15 U.S.C. § 1635, Regulation Z § 226.23. In addition, the Consumers reserve all rights to raise additional or alternative grounds for rescission under state or federal law. ----------------------------Case 10-00101PLAINTIFFS' Doc 6-15 Filed 03/23/10 EXHIBIT N Page 2 of 3 The Truth in Lending disclosure statement received by my clients was defective in a number of ways. As a result, my clients' right of rescission has been extended for three years from the date of the transaction. See § 15 U.S.C. 1635(f). The material defects include but are not limited to the following: My clients did not receive an accurate disclosure of the amount FRMSC financed, the finance charge, and the annual percentage rate due to, inter alia, the inclusion of settlement charges in the amount financed that were not bona fide and reasonable, and an understatement of the finance charge when compared to how the holder of this loan actually assesses the finance charge. My clients wish to keep their home. Once you have effected rescission, we will be prepared to discuss a tender obligation, should it arise, and satisfactory ways in which my clients may meet this obligation. Please provide me with an itemization of the loan disbursements, the loan charges, the current principal balance, and all payments received from my client, so that we may determine the exact amount needed for tender. The security interest held by you is void upon mailing of this notice. See 15 U.S.C. § 1635; Regulation Z § 226.23. Pursuant to Regulation Z, you have twenty days after receipt of this notice of rescission to return to my clients all monies paid and to take all action necessary or appropriate to reflect termination of the security interest, failing which you will be responsible for actual and statutory damages pursuant to 15 U.S.C. § 1640(a). Robert 1. Haeger, Attorney for the Consumers cc: Clients 2 ----~------ Case 10-00101PLAINTIFFS' Doc 6-15 Filed 03/23/10 EXHIBIT N Page 3 of 3 BROADCAST REPORT TIME NAME FAX TEL SER.# 11/19/2009 12:27 HAEGER LAW LLC 3015705291 3015709787 000A5J429451 02 PAGE(S) DATE TIME FAX NO./NAME 11/19 11/19 12:25 12:27 1201 7582800 3019515545 BUSY: NG CV : PC : BUSYINO RESPONSE POOR LINE CONDITION COVERPAGE PC-FAX DURATION 49 35 PAGE(S) RESULT 02 02 OK OK COMMENT ECM ECM Case 10-00101 Doc 6-16 Filed 03/23/10 PLAINTIFFS' EXHIBIT O Page 1 of 1 Case 10-00101 Doc 6-17 Filed 03/23/10 PLAINTIFFS' EXHIBIT P Page 1 of 1 Case 10-00101PLAINTIFFS' Doc 6-18 Filed 03/23/10 EXHIBIT Q Page 1 of 3 Case 10-00101PLAINTIFFS' Doc 6-18 Filed 03/23/10 EXHIBIT Q Page 2 of 3 Case 10-00101PLAINTIFFS' Doc 6-18 Filed 03/23/10 EXHIBIT Q Page 3 of 3