Suarez v. U.S. Bank, NA, As Trustee

Western District of Texas, txwd-5:2019-cv-00704

Exhibit

Interested in this case?

Current View

Full Text

26 EXHIBIT A 26 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION FELIX ROBERT SUAREZ, Plaintiff/Counter-Defendant, son conosco conoscowocos con un Civil Action No. 5:19-cv-704-FB-ESC U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE OF CVI LCF MORTGAGE LOAN TRUST I, Defendant/Counter-Plaintiff. DECLARATION OF CAROLINE TRINKLEY Pursuant to 28 U.S.C. $ 1746, I declare under penalty of perjury that the following statements are true and correct: 1. My name is CAROLINE TRINKLEY. I am over the age of 18 years, have never been convicted of a crime, and am fully competent to make this Declaration. I have personal knowledge of all the facts stated herein, and all statements of fact contained herein are true and correct. 2. I hold a position as a case manager at NewRez, LLC, F/K/A New Penn Financial, LLC D/B/A Shellpoint Mortgage Servicing ("Shellpoint"). I am authorized to make this Declaration on behalf of Shellpoint, who is responsible for servicing of this loan agreement. Shellpoint is the servicer for U.S. Bank Trust National Association, as Trustee of CVI LCF Mortgage Loan Trust I ("U.S. Bank") with respect to the mortgage loan at issue taken out by Felix Robert Suarez ("Suarez''). I make this Declaration based on my personal knowledge of the facts contained herein and they are true and correct. My personal knowledge is based on my review of the Servicing Records described below. In the regular performance of my job functions Page 1 of 6 DECLARATION MWZM: 18-000111-505-2 262898.52 MACKIE WOLF ZIENTZ & MANN, P.C. ATTORNEYS AT LAW PHONE (214) 635-2650. FAX (214) 635-2686 PARKWAY. OFFICE CENTER, SUITE 900 14160 NORTH DALLAS PARKWAY DALLAS, Texas 75254 * PLEASE RESPOND TO DALLAS OFFICE UNION PLAZA 124 WEST. CAPITOL, SUITE 1560 LITTLE ROCK, ARKANSAS 72201 18-000111-505-1 May 6, 2019 CERT MAIL FELIX ROBERT SUAREZ 1252 CLOWER ST. SAN ANTONIO, TX 78201 RE: LOAN No. XXXXXX3022 MWZM No. 18-000111-505-1 NOTICE OF REPOSTING AND SALE Dear FELIX ROBERT SUAREZ, We have been retained by SHELLPOINT MORTGAGE SERVICING, Mortgage Servicer for. U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE OF CVI LCF MORTGAGE LOAN TRUST I, the current Mortgagee of the Note and Deed of Trust related to the above referenced loan. A servicing agreement between the Mortgagee, whose address is: U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE OF CVI LCF MORTGAGE LOAN TRUST I C/O SHELLPOINT MORTGAGE SERVICING 2020 S. DAIRY ASHFORD #200 HOUSTON, TX 77077 and the Mortgage Servicer authorizes the Mortgage Servicer to collect the debt. We have been employed by our client to represent it in collecting the indebtedness and enforcing the Deed of Trust. Because of your failure to cure the default, the maturity date of the Note was previously accelerated. All unpaid principal and accrued interest on the Note remain due and payable at this time.. You may obtain the precise amount to pay off the loan and prevent foreclosure by contacting this firm at (214) 635-2650. Payment must be made by cashier's check, certified check or money orders. On 06/04/2019 the Trustee or Substitute Trustee will sell to the highest cash bidder, the property legally described in the enclosed Notice of Foreclosure Sale. The sale will occur at the Bexar County Courthouse in the area designated by the. Bexar County Commissioner's. Court, or if no such area has been designated by the Commissioner's Court then in the usual and customary location in that County. We have enclosed a copy of the Notice of Foreclosure Sale, which is being posted at the Bexar County Courthouse in accordance with Texas law and the provisions of the Deed of Trust. All obligors and guarantors have the right to bring a court action to assert the non-existence of a default or any other defense to acceleration and foreclosure. If this debt has been discharged in bankruptcy, or you are not obligated on this debt, the Mortgage Servicer is not attempting to collect this debt from you personally. ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES. IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MILITARY DUTY. INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR THE NATIONAL GUARD OF ANOTBER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES. PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY. 26 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT THE DEBT AND ANY INFORMATION OBTAINED BY IT WILL BE USED FOR THAT PURPOSE. Sincerely yours, Mackie Wolf Zientz & Mann, P.C. Enclosed: Notice of Foreclosure Sale 26 NOTICE OF FORECLOSURE SALE ASSERT. AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES. IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MILITARY DUTY, INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR THE NATIONAL GUARD OR ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES, PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY. 1. Property to Be Sold. the property to be sold is described as follows: LOT TWO (2), BLOCK ONE HUNDRED ONE. (101) LOS ANGELES HEIGHTS ADDITION, NEW CITYBLOCK SEVENTY-ONE HUNDRED. SIXTY-FOUR (7164) RECORDED IN VOLUME 105, PAGE 84 OF BEXAR COUNTY. DEED AND PLAT RECORDS. 2.. Instrument to be Foreclosed. The instrument to be foreclosed is the Deed of Trust dated 08/28/2002 and recorded in Book 9561 Page 306 Document 20020414535 real property records of Bexar County, Texas. 3. Date, Time, and Place of Sale. The sale is scheduled to be held at the following date, time, and place: Date: 06/04/2019 Time: 10:00 AM Place: Bexar County Courthouse, Texas at the following location: THE AREA LOCATED OUTSIDE ON THE WEST SIDE OF THE BEXAR COUNTY COURTHOUSE WHICH IS NEAR THE INTERSECTION OF EAST. NUEVA STREET AND THE CLOSED PORTION OF SOUTH MAIN AVENUE AND IS ACCESSIBLE TO THE PUBLIC AS THE COURTHOUSE'S WEST. AND SOUTH ENTRANCES OR AS DESIGNATED BY THE COUNTY COMMISSIONER'S. OFFICE OF BEXAR COUNTY or as designated by the County Commissioners Court. 4. Terms of Sale. The sale will be conducted as a public auction to the highest bidder for cash. Pursuant to the deed of trust, the mortgagee has the right to direct the Trustee to sell the property in one or more parcels and/or to sell all or only part of the property. Pursuant to section 51.009. of the Texas Property Code, the property will be sold in AS. IS, WHERE IS condition, without any express or implied warranties, except as to the warranties of title, if any, provided for under the deed of trust.. 5. Obligations Secured. The Deed of Trust executed by FELIX ROBERT SUAREZ, provides that it secures the payment of the indebtedness in the original principal amount of $54,600.00, and obligations therein described including but not limited to (a) the promissory note; and (b) all renewals and extensions of the note. U.S. Bank Trust National Association, as Trustee of CVI LCF Mortgage Loan Trust I is the current mortgagee of the note and deed of trust and SHELLPOINT MORTGAGE SERVICING is mortgage servicer. A servicing agreement between the mortgagee, whose address is U.S. Bank Trust National Association, as Trustee of CVI LCF Mortgage Loan Trust I clo SHELLPOINT MORTGAGE SERVICING, 2020 S. Dairy Ashford #200, Houston, TX 77077 and the mortgage servicer and Texas Property Code $. 51.0025 authorizes the mortgage servicer to collect the debt. 6. Substitute Trustee(s) Appointed to Conduct Sale. In accordance with Texas Property Code Sec. 51.0076, the undersigned attorney for the mortgage servicer has named and appointed, and by these presents does name and appoint ROB VALDESPINO, BRENDA ROLON, OLIVIA VALDESPINO, MARTIN VALDESPINO, WES WEBB, WES HIATT OR MICHAEL W. ZIENTZ, Substitute Trustee to act under and by virtue of said Deed of Trust. THIS INSTRUMENT APPOINTS. THE SUBSTITUTE TRUSTEE(S). IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT. IDENTIFIED IN THIS NOTICE OF SALE. THE PERSON SIGNING. THIS. NOTICE. IS. THE ATTORNEY OR AUTHORIZED AGENT OF THE MORTGAGEE OR MORTGAGE SERVICER. 18-000111-505-11.1252 CLOWER ST., SAN ANTONIO, TX 78201 26 Mackie Wolf Zientz & Mann, P.C. Brandon Wolf, Attorney at Law L. Keller Mackie, Attorney at Law Lori. Liane Long, Attorney at Law Chelsea Schneider. Attorney at Law Ester Gonzales, Attorney at Law Parkway Office Center, Suite 900 14160 North Dallas Parkway Dallas, TX 75254 ROB VALDESPINO.. BRENDA ROLON, OLIVIA VALDESPINO. MARTIN VALDESPINO, WES WEBB, WES HIATT OR MICHAEL W. ZIENTZ c'o AVT Title Services, LLC 5177 Richmond Avenue Suite 1230 Houston, TX 77056 I am Certificate of Posting whose address is co AVT Title Services, LLC, 1101. Ridge Rd., Suite 222, Rockwall, TX 75087. 1. declare under penalty of perjury, that on I filed this Notice of Foreclosure Sale at the office of the Bexar County Clerk and caused it to be posted at the location directed by the Bexar County Commissioners Court. 18-000111-505-1.11 1252 CLOWER ST., SAN ANTONIO, TX 78201 26 EXHIBIT A-11 26 Shellpoint Mortgage Servicing Shellpoint Greenville, SC 29603 0826 Phone Number: (800) 365-7107 www.ShellpointMtg.com Mortgage Servicing 09/18/2019 2:23:42PM Loan History Statement FELIX ROBERT SUAREZ Loan ID PO Box 5251 SAN ANTONIO TX 78201 Principal Interest Escrow Description $95.43 $451.69 ($95.43) ($451.69) ($908.57) New Loan ($1,210.00) Hazard Disb Property Inspection Disburse $370.74 Regular Payment Unapplied Payment Unapplied Payment ($370.74) Regular Payment NSF Fee Assessment Property Inspection Disburse Property Inspection Disburse Property Inspection Disburse BPO/Aprsl Cost Disburse Property Inspection Disburse Certified Mail Cost Disburse FC Costs Disburse Trans Date 02/21/18 03/09/18 03/15/18 04/27/18 04/27/18 05/01/18 05/01/18 05/01/18 05/02/18 06/20/18 07/16/18 07/26/18 08/16/18 08/22/18 08/22/18 08/22/18 08/22/18 08/22/18 08/22/18 08/22/18 09/17/18 10/09/18 10/09/18 10/09/18 10/09/18 10/17/18 11/19/18 12/04/18 12/11/18 12/14/18 12/27/18 01/14/19 02/13/19 02/13/19 02/13/19 02/20/19 03/09/19 03/14/19 04/19/19 04/22/19 04/24/19 05/08/19 05/08/19 Eff Date 02/21/18 03/09/18 03/15/18 04/27/18 04/27/18 05/01/18 05/01/18 05/01/18 05/02/18 06/20/18 07/16/18 07/26/18 08/16/18 08/22/18 08/22/18 08/22/18 08/22/18 08/22/18 08/22/18 08/22/18 09/17/18 10/09/18 10/09/18 10/09/18 10/09/18 10/17/18 11/19/18 12/04/18 12/11/18 12/14/18 12/27/18 01/14/19 02/13/19 02/13/19 02/13/19 02/20/19 03/09/19 03/14/19 04/19/19 04/22/19 04/24/19 05/08/19 05/08/19 Title Cost Disburse Title Cost Disburse Property Inspection Disburse Due Date 10/01/17 03/20/18 10/01/17 10/01/17 11/01/17 11/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 12/31/18 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 03/20/19 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 Transaction Amt $0.00 ($1,210.00) ($13.00) $917.86 $582.14 ($582.14) ($917.86) ($25.00) ($13.00) ($13.00) ($13.00) ($95.00) ($13.00) ($22.98) ($3.00) ($893.75) ($135.00) ($487.50) ($81.19) ($243.56) ($13.00) ($400.00) ($2.06) ($2.06) ($2,977.00) ($13.00) ($13.00) ($187.00) ($2,502.83) ($13.00) ($594.00) ($13.00) ($13.00) ($13.00) $13.00 ($1,542.39) ($2,276.00) ($13.00) ($13.00) ($143.00) ($240.00) ($3.00) ($135.00) Attorney Cost Disburse Property Inspection Disburse Property Inspection Disburse Attorney Cost Disburse ($2,502.83) County Tax Bill 1 Property Inspection Disburse Attorney Cost Disburse Property Inspection Disburse Property Inspection Disburse Property Inspection Disburse Property Inspection Payment ($1,542.39) Hazard Disb Attorney Cost Disburse Property Inspection Disburse Property Inspection Disburse Attorney Cost Disburse Attorney Cost Disburse FC Costs Disburse 26 Shellpoint Mortgage Servicing Shellpoint Greenville, SC 29603 0826 Phone Number: (800) 365-7107 www.ShellpointMtg.com Mortgage Servicing 09/18/2019 2:23:42PM Loan History Statement Trans Date Eff Date Due Date Transaction Amt Principal Interest Escrow Description 05/08/19 05/17/19 05/29/19 05/29/19 06/14/19 06/14/19 06/18/19 07/15/19 08/13/19 08/20/19 08/20/19 08/20/19 08/20/19 08/20/19 08/20/19 09/18/19 05/08/19 05/17/19 05/29/19 05/29/19 06/14/19 06/14/19 06/18/19 07/15/19 08/13/19 08/20/19 08/20/19 08/20/19 08/20/19 08/20/19 08/20/19 09/18/19 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 10/01/17 ($350.00) ($13.00) ($6.19) ($75.00) ($13.00) ($115.00) ($23.55) ($13.00) ($13.00) ($92.00) ($92.50) ($400.00) ($2.06) ($2,566.00) ($990.00) ($13.00) Attorney Cost Disburse Property Inspection Disburse Recording Cost Disburse Title Cost Disburse Property Inspection Disburse BPO/Aprsl Cost Disburse Certified Mail Cost Disburse Property Inspection Disburse Property Inspection Disburse Court Costs Disburse Court Costs Disburse Court Costs Disburse Attorney Cost Disburse Attorney Cost Disburse Property Inspection Disburse ($19,147.62) $0.00 $0.00 ($6,163.79) Ending Principal Balance Ending Escrow Balance Ending Unapplied Balance Ending Late Charge Balance Ending Reserve Acct Balance $46,331.50 ($6,163.79) $0.00 $107.41 $0.00 Gross Interest Paid Assistance Paid Net Interest Paid Late Charges Paid $0.00 $0.00 $0.00 $0.00 Escrow Int /Div Paid Escrow Int Diy With held Taxes Paid Insurance Paid $0.00 $0.00 ($2,502.83) ($2,752.39) 26 EXHIBIT A-12 26 Shellpoint Mortgage Servicing MONDAY - FRIDAY: 8AM - 10PM ET SATURDAY: 8AM - 3PM ET PHONE NUMBER: (800) 365-7107 FAX NUMBER: (866) 467-1187 E-MAIL: LOANSERVICING@SHELLPOINTMTG.COM September 18, 2019 SUAREZ, FELIX ROBERT PO Box 5251 SAN ANTONIO, TX 78201 Payoff figures have been requested on the loan for the borrower and property described below. Loan ID: FELIX ROBERT SUAREZ 1252 CLOWER STREET SAN ANTONIO, TX 78201 Loan Type: Conventional When remitting funds, please use our loan number to ensure proper posting and provide us with the borrower's forwarding address. Funds received in this office after 3:00 pm Eastern Time will be processed on the next business day, with interest charged to that date. All payoff figures are subject to clearance of funds in transit. The payoff is subject to final audit when presented. Any overpayment or refunds will be mailed directly to the borrower. We will prepare the release of our interest in the property after all funds have cleared. Projected Payoff Date 10/17/2019 Principal Balance Interest To 10/17/2019 Fees Prepayment Penalty Release Fees Funds owed by borrower Funds owed to borrower $46,331.50 $11,215.06 $13,999.81 $0.00 $26.00 $6,163.79 $0.00 Total Payoff $77,736.16 $13.99 Per diem The next payment due date is 10/1/2017. Payments are made by Billing on a Monthly basis. The interest rate for this payment is 11.69900% and the P & I payment is 547.12. The taxes are next due 12/31/2019 PLEASE CALL THE NUMBER LISTED ON THIS FORM TO UPDATE FIGURES PRIOR TO REMITTING FUNDS AS THEY ARE SUBJECT TO CHANGE WITHOUT NOTICE. Mailing Address Shellpoint Mortgage Servicing 55 Beattie Place Suite 110 Greenville, SC 29601 PO1.rpt - Internal 9/18/2019 - 20 26 Shellpoint Mortgage Servicing 120.2. Fler recent pe baza MONDAY - FRIDAY: 8AM - 10PM ET SATURDAY: 8AM - 3PM ET PHONE NUMBER: (800) 365-7107 FAX NUMBER: (866) 467-1187 E-MAIL: LOANSERVICING@SHELLPOINTMTG.COM Wiring Instructions - * You must include the "Reference" information listed below if wiring funds * Bank Name: Wells Fargo ABA Number: Account Number: Account Name: Shellpoint Mortgage Servicing Reference: PO1.rpt - Internal 9/18/2019 20 26 10. WAIVERS. and any other person who has obligations under this Note waive notice of intention to accelerate, except as provided in Section 7(C) and the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition, to the protections given to the Note Holder under this Note, the Security Instrument, dated the same as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises that I make in this Note. The Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without the Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by the Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of the Security Instrument. If Lender exercises this option to require immediate payment in full, 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 delivered or mailed 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 the Security Instrument without further notice or demand on Borrower. 12. NO ORAL AGREEMENTS THIS NOTE CONSTITUTES A "WRITTEN LOAN AGREEMENT" PURSUANT TO SECTION 26.02 OF THE TEXAS BUSINESS AND COMMERCE CODE, JF SUCH SECTION APPLIES. THIS WRITTEN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. WITNESS THE HAND(S) OF THE UNDERSIGNED Folie Robert Ernest Borrower FELIX ROBERT SUAREZ Borrower NA Borrower Borrower PAY TO THE ORDER OF Elizon Mortgage Trust, Series 2009-1 WITHOUT RECOURSE AMERIQUEST MORTGAGE COMPANY KIRK LANGS, C.O.B., C.E.O. bel Gun BY: JOHN P. GRAZER, E.V.P, C.F.O. 3 of 3 08/27/2002 3:37:19 PM 201-3TX (Rev. 901) 26 ALLONGE TO NOTE LOAN NUMBER: NOTE DATE: AUGUST 28, 2002 ORIGINATOR: AMERIQUEST MORTGAGE COMPANY -..-.-. BORROWER: FELIX ROBERT SUAREZ .. ORIGINAL LOAN AMOUNT: $ 54,600.00 PAY TO THE ORDER OF: KIRKLAND INVESTORS, LLC WITHOUT RECOURSE: ELIZON MORTGAGE TRUST, SERIES 2009-1 BY: . Loodhon Joadhas NAME: Todd Craig TITLE: Authorized Signatory 26 Shellpoint Mortgage Servicing MONDAY - FRIDAY: 8AM - 10PM ET SATURDAY: 8AM - 3PM ET PHONE NUMBER: (800) 365-7107 FAX NUMBER: (866) 467-1187 E-MAIL: LOANSERVICING@SHELLPOINTMTG.COM FELIX ROBERT SUAREZ - Loan ID FEE DETAILS Description Amount $107.41 Late Charge Payment NSF Fee Payment $25.00 Attorney Cost $1,381.25 $810.12 Filing Cost FC Costs $270.00 Certified Mail Cost $46.53 Court Costs $186.56 Attorney Cost $10,323.00 $234.00 Property Inspection Recording Cost $6.19 Title Cost $399.75 BPO/Aprsl Cost $210.00 $13,999.81 FUNDS OWED BY BORROWER DETAILS Description Escrow Only Payment Amount $6,163.79 6,163.79 PO1.rpt - Internal 9/18/2019 20 26 EXHIBIT B 26 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION FELIX ROBERT SUAREZ, Plaintiff/Counter-Defendant, sus coses senus cosessesses Civil Action No. 5:19-cv-704-FB-ESC U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE OF CVI LCF MORTGAGE LOAN TRUST I, Defendant/Counter-Plaintiff. DECLARATION OF PHILIP W. DANAHER Pursuant to 28 U.S.C. Section 1746, I declare under penalty of perjury that the following statements are true and correct: 1. "My name is Philip W. Danaher. I am over the age of 21 years and am fully competent to make this Declaration. All statements of fact made herein are true, correct, and within my personal knowledge. 2. I am an attorney for Mackie Wolf Zientz & Mann, P.C., attorneys of record for U.S. Bank Trust National Association, as Trustee of CVI LCF Mortgage Loan Trust I ("U.S. Bank" or "Defendant"). 3. I certify that on August 14, 2019, my office prepared and sent by regular mail to Plaintiff's counsel, Robert C. Newark, III, Defendant/Counter-Plaintiff's First Requests for Admissions to Felix Robert Suarez. A true and correct copy of these discovery requests are attached hereto as Exhibit B-1. DECLARATION MWZM: 18-000111-505 PAGE 1 26 4. To date, Plaintiff has failed to respond to the above Requests for Admission. Further, neither Plaintiff nor his counsel have contacted our firm to request an extension of the response deadline. 5. I certify the following documents attached hereto are true and correct copies of the originals. The documents are identified as an exhibit to this Declaration as indicated below Exhibit B-1 Requests for Admission directed to Plaintiff. This document is incorporated by reference for all purposes. FURTHER DECLARANT SAYETH NOT." SIGNED AND DECLARED on Friday, September 20, 2019. - 1 1 Philip W. Danaher DECLARATION MWZM: 18-000111-305 PAGE 2 26 EXHIBIT B-1 26 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION FELIX ROBERT SUAREZ, Plaintiff, V. concos con un cascos con conosco.com Civil Action No. 5:18-cv-849-OLG U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE OF CVI LCF MORTGAGE LOAN TRUST I, Defendant. DEFENDANT/COUNTER-PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS TO FELIX ROBERT SUAREZ TO: Felix Robert Suarez, Plaintiff, by and through his attorney of record, Robert C. Newark, III, 1341 W. Mockingbird Lane, Ste 600W, Dallas, Texas 75247. Pursuant to the Federal Rules of Civil Procedure, Defendant/Counter-Plaintiff U.S. Bank Trust National Association, as Trustee of CVI LCF Mortgage Loan Trust I ("U.S. Bank" or "Defendant") hereby requests that Plaintiff Felix Robert Suarez answer in writing the following set of Admissions within thirty (30) days from the date of service hereof. A failure to respond may result in deemed admissions. DEFENDANT/COUNTER-PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS TO FELIX ROBERT SUAREZ MWZM: 18-000111-505 Page 1 of 7 26 Respectfully submitted, WoW. By: MARK D. CRONENWETT Texas Bar No. 00787303 mcronenwett@mwzmlaw.com PHILIP W. DANAHER Texas Bar No. 24078395 pdanaher@mwzmlaw.com MACKIE WOLF ZIENTZ & MANN, P. C. 14160 North Dallas Parkway, Suite 900 Dallas, TX 75254 Telephone: 214-635-2650 Facsimile: 214-635-2686 ATTORNEYS FOR DEFENDANT CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument was served via regular US Mail on August 14, 2019, upon the following: Robert C. Newark, III A Newark Firm 1341 W. Mockingbird Lane, Ste 600W Dallas, Texas 75247 Tel: (866)230-7236 Fax: (888)316-3398 Email: office@newarkfirm.com PHILIP W. DANAHER DEFENDANT/COUNTER-PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS TO FELIX ROBERT SUAREZ MWZM: 18-000111-505 Page 2 of 7 26 INSTRUCTIONS Each Request is to be set forth immediately above the answer or objection to the Request. If you claim privilege as a ground for not responding completely to a Request or otherwise object to a Request, describe the factual and legal basis for your claim of privilege or other objection. These Requests shall be continuing. The conjunctions "and" and "or" shall be interpreted as meaning "and/or" and shall not be interpreted to exclude any information. "Petition" shall mean and refer to the Plaintiff's Original Petition, Application for Temporary Restraining Order, Temporary Injunction, Permanent Injunction, and Request for Disclosures filed in the above-numbered and entitled cause. "Communication(s)" means any written or oral transfer or exchange between two or more persons of any information, including, but not limited to, personal conversations, correspondence, electronic mail, telephone calls, voice mail, telegrams, facsimile transmissions, computer data transmissions, telexes, and inter-office memoranda. "Document(s)" means any tangible thing which may be the subject of a document request under the Federal Rules of Civil Procedure and includes, but is not limited to, all correspondence, memoranda, drafts, contracts, arrangements, understandings, studies, reports, and other written communications and computerized records of any kind, including, but not limited to, electronic mail and documents stored in computer files or databases. "Identify" when used in reference to (a) a natural individual, requires you to state his or her full name, residential address, business address, and business telephone number; (b) a corporation, requires you to state its full corporate name, its state of incorporation, and the address and telephone number of its principal place of business; (c) an unincorporated business, requires you to state the full name under which the business is conducted and its business address and telephone number; (d) a document, requires you to state with regard to each document the title, the date, the author(s), the recipient(s), and its present location and custodian. "Person" means any natural individual in any capacity whatsoever or any entity or organization. 10. "Relates to or relating to" means supports, evidences, describes, mentions, refers to, pertains to, contradicts, or comprises. "Representative" means any person acting or purporting to act on behalf of the person or entity in question. DEFENDANT/COUNTER-PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS TO FELIX ROBERT SUAREZ MWZM: 18-000111-505 Page 3 of 7 26 12. "You," "Your," or "Yourself," means Plaintiff Felix Robert Suarez and your agents and representatives. "U.S. Bank" or "Defendant" shall mean Defendant U.S. Bank Trust National Association, as Trustee of CVI LCF Mortgage Loan Trust I. "Communication" shall mean and refer to any mode of communication, including but not limited to conversations, correspondence, telephone conversations, facsimiles, and e-mail or other electronic communications. 15. "House" and "Property" shall mean and refer to the residence located at 1252 Clower Street, San Antonio, Texas 78201. "Note" shall mean the Adjustable Rate Note executed on or about August 28, 2002, by Plaintiff and originally payable to Ameriquest Mortgage Company. "Deed of Trust", "Deed", "DOT", or "Security Instrument" shall mean and refer to the security instrument executed on or about August 28, 2002, in which conveys an interest in the Property to Ameriquest Mortgage Company. 18. "Loan" or "Loan Agreement" shall mean and refer to the financial obligation agreed to under the Note and secured by the Security Instrument. e DEFENDANT/COUNTER-PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS TO FELIX ROBERT SUAREZ MWZM: 18-000111-505 Page 4 of 7 C OUNTER PLANTEPS TILST REQUEST FOR ADMISSIONS TOPILA 26 REQUESTS FOR ADMISSION REQUEST NO. 1: Admit that you are not seeking to declare the Security Instrument or Note void. RESPONSE: REQUEST NO. 2: Admit that you signed the Note, which is dated August 28, 2002, for the original principal amount of $54,600.00 RESPONSE: REQUEST NO. 3: Admit that you signed the Security Instrument, which is dated August 28, 2002. RESPONSE: REQUEST NO. 4: Admit that as a mortgagor under the Security Instrument, your interest in the Property was subject to the terms of the Loan Agreement, specifically payment of the Note. RESPONSE: REQUEST NO. 5: Admit that you are currently in default of the Security Instrument or Note referenced above. RESPONSE: REQUEST NO. 6: Admit that as of the date of this request, you have failed to cure all defaults on the monthly payments due on the Loan. For this admission, the term default means your failing to make any monthly payments due in accordance with the terms of the Note. RESPONSE: REQUEST NO. 7: Admit that Defendant is the last assignee of the Deed of Trust of record. RESPONSE: REQUEST NO. 8: Admit that Defendant is the owner of the Note. RESPONSE: DEFENDANT/COUNTER-PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS TO FELIX ROBERT SUAREZ MWZM: 18-000111-505 Page 5 of 7 26 REQUEST NO. 8: Admit that the Rescission of Assignment of Deed of Trust attached hereto as exhibit A effectively rescinded the assignment of the Deed of Trust from Ameriquest Mortgage Company to Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2003-X-1. RESPONSE: REQUEST NO. 14: Admit that Defendant did not evade your inquiries about an appeal of a loan modification application you submitted. RESPONSE: REQUEST NO. 15: Admit that you prevented the loan modification process from progressing by failing to provide all necessary documentation Defendant needed for review. RESPONSE: REQUEST NO. 16: Admit that HUD regulations 24 C.F.R. § 203.605, 203.501, and 203.604(b) are not expressly incorporated into the Note or Deed of Trust. RESPONSE: REQUEST NO. 17: Admit that Defendant, or its predecessor(s) in interest under the Note and Security Instrument, properly followed all applicable procedures and laws—including notice and service—when it accelerated the balance due on the Note and initiated foreclosure proceedings under the Security Instrument. RESPONSE: REQUEST NO. 18: Admit that Defendant has not caused you to suffer any damages, nor is it liable to your for any alleged damages. RESPONSE: REQUEST NO. 19: Admit that your Wrongful Foreclosure claim is invalid because the foreclosure sale never took place. RESPONSE: REQUEST NO. 20: Admit that Defendant provided you with proper Notice of Default. RESPONSE: REQUEST NO. 21: Admit that Defendant provided you with proper Notice of Acceleration. RESPONSE: DEFENDANT/COUNTER-PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS TO FELIX ROBERT SUAREZ MWZM: 18-000111-505 Page 6 of 7 26 REQUEST NO. 22: Admit you have no documentation that supports the allegations in your Petition. RESPONSE: DEFENDANT/COUNTER-PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS TO FELIX ROBERT SUAREZ MWZM: 18-000111-505 Page 7 of 7 26 EXHIBIT A Book 18958 Page 1257 3pgs Doc# 20180014900 26 This Instrument Prepared by & Return to: Floy Wilson Kirkland Investors LLC 3000 Business Park Circle, Suite 500 Goodlettsville, TN 37072 Above This Line Reserved For Official Use Only Rescission of Assignment of Deed of Trust WHEREAS, Kirkland Investors LLC, of 3000 Business Park Circle, Suite 500, Goodlettsville, TN 37072, is the owner and holder of a certain Deed of Trust as described below and declares that the Assignment of Deed of Trust between AmeriQuest Mortgage Company, as "Assignor" and Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2003-X1, under the Pooling & Servicing Agreement dated as of January 1, 2003, as "Assignee", which was recorded on February 28, 2005 in Doc # 20050041357, in the Office of the Bexar County Clerk, Texas is hereby rescinded for the reason that it was erroneously prepared and recorded and has caused an incorrect chain of title with the county of Bexar, Texas. The Deed of Trust which was the subject of the erroneous assignment is further described as being Recorded on September 11, 2002, in Doc # 20020414535, Book 9561, Page 306 and being executed by Felix Robert Suarez, with a Loan Amount of $54,600.00. Property Address: 1252 Clower St., San Antonio, TX 78201 Legal Description: See Attached Exhibit "A" IN WITNESS WHEREOF, Assignor has caused this Rescission of Assignment of Deed of Trust to be executed and delivered, effective on this the 25 January 2018, mila Kirkland Investors LLC Mark A. Davis, Vice President 26 State of Tennessee County of Sumner } } On the 25 January 2018, before me, Floy Fillpot, a Notary Public, personally appeared Mark A. Davis, to me known, who being duly sworn, did say that he is the Vice President of Kirkland Investors LLC, and that said instrument was signed on behalf of said corporation. CILLPO FLOVE STATE OF TENNESSEE NOTARY » PUBLICA Floy Fillpot, Notary Public My Commission Expires: 7/24/19 <4-2019 SU ......... COUN му Со wires 07-21 Ommninginn on Expire Exhibit "A" Legal Description LOT TWO (2), BLOCK ONE HUNDRED ONE (101) LOS ANGELES HEIGHTS ADDITION, NEW CITY BLOCK SEVENTY-ONE HUNDRED SIXTY-FOUR (7164) RECORDED IN VOLUME 105, PAGE 84 OF BEXAR COUNTY DEED AND PLAT RECORDS. 26 Doc# 20180014900 # Pages 3 01/26/2018 10:40AM e-Filed & e-Recorded in the Official Public Records of BEXAR COUNTY GERARD C. RICKHOFF COUNTY CLERK Fees $30.00 STATE OF TEXAS COUNTY OF BEXAR This is to Certify that this document was e-FILED and e-RECORDED in the Official Public Records of Bexar County, Texas on this date and time stamped thereon. 01/26/2018 10:40AM COUNTY CLERK, BEXAR COUNTY TEXAS 26 ALLONGE TO NOTE Loan #: Note Date: August 28, 2002 Loan Amount: $54,600.00 Interest Rate: 11.699% Property: 1252 Clower St., San Antonio, TX 78201 Borrower: Felix Robert Suarez Pay to the Order of U.S. Bank Trust National Association, as Trustee for CVI LCF Mortgage Loan Trust Without Recourse Kirkland Investors LLC Mark A. Davis, Vice President 26 EXHIBIT A-2 ..:: Case 5:19-cv-00704-FB-ESC Document 20-1 Filed 298/20/1998age 150f 126 Return To: Ameriquest Mortgage Company P.O. Box 11507 Santa Ana, CA 92711 RETURN TO NETCO 9601 MCALLISTER FWY., STE. 1210 SAN ANTONIO, TEXAS 78216 AQO3X1 Prepared By:Ameriquest Mortgage Company Tricia Brewer 1155 Dairy Ashford, # 205 West Houston, TX 77079 (Space Above This Line For Recording Data] DEED OF TRUST SAN 23900-2 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated August 28, 2002 together with all Riders to this document. (B) "Borrower" is FELIX ROBERT SUAREZ VOL 9 561 PG 2306 Borrower is the grantor under this Security Instrument. (C) "Lender" is Ameriquest Mortgage Company Lender is a Corporation organized and existing under the laws of Delaware TEXAS-Single Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3044 1/01 VMP-61TX) 10005) Page 1 of 16 Initials:1 1 VMP MORTGAGE FORMS - 18001521-7291 08/27/2002 3:37:19 PM 26 Lender's address is 1100 Town and Country Road, Suite 200 Orange, CA 92868 Lender is the beneficiary under this Security Instrument. (D) "Trustee" is Ameriquest Mortgage Company. Trustee's address is 1100 Town and Country Road, Suite 200 Orange, CA 92868 (E) "Note" means the promissory note signed by Borrower and dated August 28, 2002 The Note states that Borrower owes Lender fifty-four thousand six hundred and 00/100 Dollars (U.S. $ 54,600.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than September 1, 2032 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "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. (H) "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]: x Adjustable Rate Rider D U Balloon Rider VA Rider Condominium Rider Second Home Rider Planned Unit Development Rider Lx 1-4 Family Rider | Biweekly Payment Rider U Other(s) (specify] U (I) "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. (J) "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. (K) "Electronic Funds Transfer" means any transfer of funds, 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. (L) "Escrow Items" means those items that are described in Section 3. (M) "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. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 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 all requirements and restrictions that are imposed in regard YOL 9561 PG 307 Initials. 08/27/2002 3:37:19 VMP-6(TX) (0005) Page 2 of 16 Form 3044 1/01 26 to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (O "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY 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 BEXAR [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF: of Parcel ID Number: 1252 CLOWER ST. SAN ANTONIO ("Property Address"): which currently has the address of [Street] [City], Texas 78201 [Zip Code] YOL 955 PGO 308 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 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 of Principal, 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. . . VMP-6(TX) 10005) Initials: 7 Page 3 of 16 08/27/2002 3:37:19 PM Form 3044 1/01. 26 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. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial 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 foreclosu or 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 Section 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 payinent of amounts due for: (a) taxes and assessments and other items which can attain 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 Section 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 YOL 9561 PGO 309 w::. Initials: PO 08/27/2002 3:37:13 VMP-6(TX) (0005) Page 4 of 16 Form 3044 1/01 26 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 to Lender all Funds, and in such amounts, that are then 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. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution 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 verifying 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 twelve 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 twelve 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 YOL 9561 PGO 3! 0: Initials: 288 08/27/2002 3:37:19 VMP-6(TX) 19907).03 Page 5 of 16 Form 3044 3/99 ".. "26 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 and/or reporting service used by Lender in connection with this Loan. 5. 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 Borrower subject to 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 one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination 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 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 additional loss 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 VOL 9561 PG 03!! .. Initials: 23216. 08/27/2002 3:37:19 VMP-6(TX) 10005) Page 6 of 16 Form 3044 1/01 26 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 deteriorate 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. Lender or its agent may make reasonable entries upon and inspections of the 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 entities acting at the direction of Borrower or with 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 significantly 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 Security 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 YOL 9561 PGO 3!2 VMP-6(TX) 100051 Initials: 08/27/2002 3:37:19 Form 3044 1/01 Page 7 of 16. .... 26 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. If Borrower acquires fee title to the Property, the leasehold and the fee title shall 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. 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 of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. YOL 9561 P603!3 VMP-6(TX) 10005) initials: 216 08/27/2002 3:37:19 Page 8 of 16 Form 3044 1/01. ..... 26 (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 Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or 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 of a 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 less 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 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 Property 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. VOL 9561 P603! 4 VMP-6(TX) 10005) Initials:2 0. 08/27/2002 3:37:19 Page 9 of 16 Form 3044 1/01 .... 26 12. Borrower Not Released; Forbearance By Leider 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 be joint 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, fo 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 law 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 Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one 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 any one 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. VOL 9 561 PGO 315 VMP-6(TX) (0005) Initials: To 08/27/2002 3:37:19 Page 10 of 16 Form 3044 1/01. .'...' 26 oblig 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 rity Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly 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 conditions 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 inspection 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) 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. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest 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 YOL 9561 PG 0 3!6 VMP-6(TX) 10005) Page 11 of 16 Initials: h a 08/27/2002 3:37:19 Form 3044 1/01 26 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 loan 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, volatile 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 not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action 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 Condition, 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 release of a Hazardous Substance which adversely affects the value 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. YOL 9551 P603! 7 Initials: 08/27/2002 3:37:19 VMP-6(TX) (0005) Page 12 of 16 Form 3044 1/01 .'.... 26 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 this 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 which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice will result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert 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 all sums secured by this Security Instrument without further demand and may invoke the power of sale and 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, including, but not limited to, reasonable attorneys' fees and costs of title evidence. For the purposes of this Section 22, the term "Lender" includes any holder of the Note who is entitled to receive payments under the Note. If Lender invokes the power of sale, Lender or Trustee shall give notice of the time, place and terms of sale by posting and filing the notice at least 21 days prior to sale as provided by Applicable Law. Lender shall mail a copy of the notice to Borrower in the manner prescribed by Applicable Law. Sale shall be made at public vendue. The sale must begin at the time stated in the notice of sale or not later than three hours after that time and between the hours of 10 a.m. and 4 p.m. on the first Tuesday of the month. Borrower authorizes Trustee to sell the Property to the highest bidder for cash in one or more parcels and in any order Trustee determines. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying indefeasible title to the Property with covenants of general warranty from Borrower. Borrower covenants and agrees to defend generally the purchaser's title to the Property against all claims and demands. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. If the Property is sold pursuant to this Section 22, Borrower or any person holding possession of the Property through Borrower shall immediately surrender possession of the Property to the purchaser at that sale. If possession is not surrendered, Borrower or such person shall be a tenant at sufferance and may be removed by writ of possession or other court proceeding. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall provide a release of this Security Instrument to Borrower or Borrower's designated agent in accordance with Applicable Law. 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 permitted under Applicable Law. 24. Substitute Trustee; Trustee Liability. All rights, remedies and duties of Trustee under this Security Instrument may be exercised or performed by one or more trustees acting alone or together. Lender, at its option and with or without cause, may from time to time, by power of attorney or otherwise, remove or substitute any trustee, add one or more trustees, or appoint a successor trustee to any Trustee without the necessity of any formality other than a designation by Lender in writing. Without any further act or conveyance of the Property the substitute, additional or successor trustee shall become vested with the title, rights, remedies, powers and duties conferred upon Trustee herein and by Applicable Law. YOL 956 / PG03!8 Initials: Tto. 08/27/2002 3:37:19 VMP-6(TX) 10005) Page 13 of 16 Form 3044 1/01: .'...' 26 Trustee shall not be liable if acting upon any notice, request, consent, demand, statement or other document believed by Trustee to be correct. Trustee shall not be liable for any act or omission unless such act or omission is willful. 25. Subrogation. Any of the proceeds of the Note used to take up outstanding liens against all or any part of the Property have been advanced by Lender at Borrower's request and upon Borrower's representation that such amounts are due and are secured by valid liens against the Property. Lender shall be subrogated to any and all rights, superior titles, liens and equities owned or claimed by any owner or holder of any outstanding liens and debts, regardless of whether said liens or debts are acquired by Lender by assignment or are released by the holder thereof upon payment. 26. Partial Invalidity. In the event any portion of the sums intended to be secured by this Security Instrument cannot be lawfully secured hereby, payments in reduction of such sums shall be applied first to those portions not secured hereby. 27. Purchase Money; Owelty of Partition; Renewal and Extension of Liens Against Homestead Property; Acknowledgment of Cash Advanced Against Non-Homestead Property. Check box as applicable: Purchase Money. The funds advanced to Borrower under the Note were used to pay all or part of the purchase price of the Property. The Note also is primarily secured by the vendor's lien retained in the deed of even date with this Security Instrument conveying the Property to Borrower, which vendor's lien has been assigned to Lender, this Security Instrument being additional security for such vendor's lien. J owelty of Partition. The Note represents funds advanced by Lender at the special instance and request of Borrower for the purpose of acquiring the entire fee simple title to the Property and the existence of an owelty of partition imposed against the entirety of the Property by a court order or by a written agreement of the parties to the partition to secure the payment of the Note is expressly acknowledged, confessed and granted. J Renewal and Extension of Liens Against Homestead Property. The Note is in renewal and extension, but not in extinguishment, of the indebtedness described on the attached Renewal and Extension Exhibit which is incorporated by reference. Lender is expressly subrogated to all rights, liens and remedies securing the original holder of a note evidencing Borrower's indebtedness and the original liens securing the indebtedness are renewed and extended to the date of maturity of the Note in renewal and extension of the indebtedness. YOL 956 / P60319 x Acknowledgment of Cash Advanced Against Non-Homestead Property. The Note represents funds advanced to Borrower on this day at Borrower's request and Borrower. acknowledges receipt of such funds. Borrower states that Borrower does not now and does not intend ever to reside on, use in any manner, or claim the Property secured by this Security Instrument as a business or residential homestead. Borrower disclaims all homestead rights, interests and exemptions related to their Property. 28. Loan Not a Home Equity Loan. The Loan evidenced by the Note is not an extension of credit as defined by Section 50(a)(6) or Section 50(a)(7), Article XVI, of the Texas Constitution. If the Property is used as Borrower's residence, then Borrower agrees that Borrower will receive no cash from the Loan evidenced by the Note and that any advances not necessary to purchase the Property, extinguish an owelty lien, complete construction, or renew and extend a prior lien against the Property, will be used to reduce the balance evidenced by the Note or such Loan will be modified to evidence the correct Loan balance, at Lender's option. Borrower agrees to execute any documentation necessary to comply with this Section 28. Initials: 2012 08/27/2002 3:37:19 VMP-6(TX) (0005) Page 14 of 16 Form 3044 1/01 26 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. Witnesses: - Teliholet Cruz (Seal) -Borrower FELIX ROBERT SUAREZ (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (OL 9561 P60320 (Seal) -Borrower (Seal) -Borrower VMP-6(TX) (0005) Page 15 of 16 08/27/2002 3:37:19 PM Form 3044 1/01 .'... 26 STATE OF TEXAS, o Countyss: Bexae Before me Carrietteberts on this day personally appeared Feelix Kobeet stranez known to me (or proved to me on the oath of or through to to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she/they executed the same for the purposes and considerations therein expressed. Given under my hand and official seal of office this Pice this 2846 day or Dung 2002 ^ a s aliendo CARRIE ROBERTS} C Notary Fubric a NOTARY PUBLIC State of Texas Comm. Exp. 07-14-2006 ESSIONE Piscines Abiye YOL 956 / P60321 400-16TX (4/02) Page 16 of 16 08/27/2002 3:37:19 PM 26 at Shellpoint, I am familiar with the business records maintained by Shellpoint for the purpose of servicing mortgage loans, collecting payments and pursuing any delinquencies (the "Servicing Records"). Shellpoint Servicing Records typically include electronic data compilations and imaged documents pertaining to the loans its services. Also included in the Servicing Records are documents that Shellpoint has received from prior servicers of mortgage loans that Shellpoint now services. The records from prior servicers become integrated into Shellpoint's Servicing Records. Shellpoint regularly relies upon prior servicers' records in performing its day to day operations. 3. I researched and reviewed all of the necessary documents in Shellpoint's possession regarding Suarez's loan agreement that is serviced by Shellpoint, and the statements in this Declaration are based upon my research and review of these documents. 4. On August 28, 2002, Suarez executed an Adjustable Rate Note (the "Note") for $54,600.00 payable to Ameriquest Mortgage Company ("Ameriquest"). The Note contains a special indorsement from Ameriquest to Elizon Mortgage Trust, Series 2009-1 ("Elizon"), an allonge with a special indorsement from Elizon to Kirkland Investors LLC and, in turn, an allonge with a special indorsement from Kirkland Investors LLC to U.S. Bank. A true and correct copy of the Note with indorsements and allonges is attached hereto as Exhibit A-1. 5. Concurrently with his execution of the Note, Suarez executed a Deed of Trust (the "Security Instrument") securing the repayment of the Note with the real property commonly known as 1252 Clower Street, San Antonio, Texas 78201, which is more particularly described as follows: LOT TWO (2), BLOCK ONE HUNDRED ONE (101) LOS ANGELES HEIGHTS ADDITION, NEW CITY BLOCK SEVENTY-ONE HUNDRED SIXTY-FOUR (7164) RECORDED IN VOLUME 105, PAGE 84 OF BEXAR COUNTY DEED AND PLAT RECORDS Page 2 of 6 DECLARATION MWZM: 18-000111-505-2 26 (The Note and Security Instrument shall collectively be referred to as the "Loan Agreement" or "Loan.") In the Security Instrument, Ameriquest was identified as the Lender. The Security Instrument was recorded in the Official Records of Bexar County, Texas on September 11, 2002 as Instrument No. 20020414535. A true and correct copy of the Security Instrument is attached hereto as Exhibit A-2. 6. On January 21, 2005, Ameriquest executed an Assignment of Deed of Trust reflecting an assignment of the Security Instrument to Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2003-X1, under the Pooling & Servicing Agreement dated as of January 1, 2003 ("Deutsche Bank"). However, this assignment was later rescinded by virtue of a recorded Rescission of Assignment of Deed of Trust, dated January 25, 2018 and executed by Kirkland Investors LLC. True and correct copies of the above Assignment and Rescission are attached hereto as Exhibits A-3 and A-4, respectively. 7. A second Assignment of Deed of Trust was recorded on March 23, 2015 reflecting an assignment of the Security Instrument to Elizon Mortgage Trust, Series 2009-1 ("Elizon"). (See Exhibits A, A-5.) A true and correct copy of the above assignment is attached hereto as Exhibit A-5. 8. Elizon then assigned the Security Instrument to Kirkland Investors, LLC ("Kirkland") as reflected in that Assignment of Deed of Trust dated October 13, 2011. Then, on December 6, 2017, as reflected in an Assignment of Deed of Trust, Kirkland assigned the Security Instrument to U.S. Bank. True and correct copies of the above assignments are attached hereto as Exhibits A-6 and A-7, respectively. Page 3 of 6 DECLARATION MWZM: 18-000111-505-2 ..". 26 ADJUSTABLE RATE RIDER (LIBOR Six-Month-Index (As Published in the Wall Street Journal)- Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 28th day of August, 2002 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to Ameriquest Mortgage Company (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 1252 CLOWER ST., SAN ANTONIO, TX 78201 (Property Address THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 11.699 %. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of September, 2004, and on that day every 6th month thereafter. Each date on which my interest rate could change is called a "Change Date.' (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in the Wall Street Journal. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." YOL 9561 P60322 If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. Initials_128. Initials Loan Number: 610-1 (Rev 1/01) Page 1 of 3 08/27/2002 3:37:19 PM .." 26 (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding seven and one-eighth percentage points (7.125 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 13.699% or less than 11.699%. Thereafter, my interest rate will never be increased or decreased in any single Change Date by more than one(1.000 %) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 17.699% or less than 11.699%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Section 18 of the Security Instrument is amended to read as follows: 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. YOL 9561 P60323 Initials_The Initials Loan Number: 610-2 (Rev 1/01) Page 2 of 3 08/27/2002 3:37:19 PM::"... 26 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 federal law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transfere keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, 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. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. 1 Palates ely abbli ne Borrower FELIX ROBERT SUAREZ 1el! Forower (Seal) (Seal) Borrower YOL 956 / P60324 (Seal) (Seal) Borrower Borrower Borrower _ Loan Number: 610-3 (Rev 1/01) Page 3 of 3 08/27/2002 3:37:19 PM .."... 26 1-4 FAMILY RIDER (Assignment of Rents) THIS 1-4 FAMILY RIDER is made this 28th day of August, 2002 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to Ameriquest Mortgage Company (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 1252 CLOWER ST., SAN ANTONIO, TX 78201 [Property Address) 1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the Property described in the Security Instrument, the following items now or hereafter attached to the Property to the extent they are fixtures are added to the Property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security Instrument. All of the foregoing together with the Property described in the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 1-4 Family Rider and the Security Instrument as the "Property." YOL 9561 PGO 325 MULTISTATE 1- 4 FAMILY RIDER - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Initials: The Page 1 of 4 Form 3170 1/01:; VMP-57R (0008) VMP MORTGAGE FORMS - (800)521-7291 08/27/2002 3:37:19 PM 0 .."... 26 B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Section 5. E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section 6 concerning Borrower's occupancy of the Property is deleted. G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall assign to Lender all leases of the Property and all security deposits made in connection with leases of the Property. Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until: (i) Lender has given Borrower notice of default pursuant to Section 22 of the Security Instrument, and (ii) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii) YOL 9561 P60326 ? 08/27/2002 3:37:19 PM Initials: 180 VMP-57R (0008) Page 2 of 4 Form 3170 1/01 .."· 26 Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the PI nd collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Section 9. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid in full. I. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrument VOL 956 | P60327 08/27/2002 3:37:19 PM Initials: Ifor Initials: 1 VMP-57R (0008) Page 3 of 4 Form 3170 1/01: "." 26 BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this 1-4 Family Rider. Bojhelat Sunay- (Seal) -Borrower (Seal) -Borrower FELIX ROBERT SUAREZ -(Seal) -Borrower -(Seal) -Borrower _(Seal) -Borrower – (Seal) -Borrower _ (Seal) -Borrower (Seal) -Borrower iOL 956 ! PG0328 VMP-57R (0008) Page 4 of 4 Form 3170 1701 08/27/2002 3:37:19 PM. .· 26 SAN23900-2 PLEASE ATTACH TO DEED OF TRUST RENEWAL AND EXTENSION EXHIBIT THIS RENEWAL AND EXTENSION EXHIBIT is incorporated into and shall be deemed to amend and supplement the Deed of Trust ("Security Instrument") of even date herewith. Security Instrument is granted be the Borrower(s) ("Borrower") secure Borrower's indebtedness ("Note") to Lender (sometimes referred to as the "Beneficiary" or "Holder of the Note"), the Note secured hereby is in renewal and extension but not extinguishment of that indebtedness, whether one or more, describe as follows: DEED OF TRUST DATED: OCTOBER 18, 1999 RECORDED ON: OCTOBER 28, 1999 AS DOCUMENT NO.: 99-0202964 BOOK: 8186 PAGE: 1445 EXECUTED BY: FELIX ROBERT SUAREZ TRUSTEE: AMERIQUEST MORTGAGE COMPANY BENEFICIARY: AMERIQUEST MORTGAGE COMPANY AMOUNT: $43,200.00 THE LENDER HEREBY SECURED IS EXPRESSLY SUBROGATED TO ALL RIGHTS, LIENS, EQUITIES AND REMEDIES SECURING THE ORIGINAL HOLDER(S) OF SAID DEBT (S) AND THE ORIGINAL LIEN (S) SECURING THE SAME ARE HEREBY RENEWED AND EXTENDED TO DATE OF MATURITY OF THE INDEBTEDNESS HEREBY SECURED IN RENEWAL AND EXTENSION THEREOF. IN THE EVENT ANY PORTION OF THE SUMS INTENDED TO BE SECURED BY THE SECURITY INSTRUMENT CANNOT BE LAWFULLY SECURED THEREBY, PAYMENTS IN REDUCTION OF SUCH SUMS SHALL BE APPLIED FIRST TO THOSE PORTIONS NOT SECURED THEREBY. BORROWER(S) ACKNOWLEDGES THAT THE LIEN (S) SECURING THE PRIOR NOTE IS VALID, THAT IS SUBSIST AGAINST THE PROPERTY, AND THAT BY THIS INSTRUMENT IT IS RENEWED AND EXTENDED IN FULL FORCE UNTIL THE NOTE IS PAID, EVEN THOUGH THE PRIOR LIEN (S) IS RELEASED AND NOT ASSIGNED TO LENDER. ¥OL 956! P60329. . 26 File No Appendix A. LOT TWO (2), BLOCK ONE HUNDRED ONE (101) LOS ANGELES HEIGHTS ADDITION, NEW CITY BLOCK SEVENTY-ONE HUNDRED SIXTY-FOUR (7164) RECORDED IN VOLUME 105, PAGE 84 OF BEXAR COUNTY DEED AND PLAT RECORDS. Doc# 20020414535 # Pages 25 89/11/2892 08:35:36 AM Filed & Recorded in Official Records of BEXAR COUNTY GERRY RICKHOFF COUNTY CLERK Fees $57.00 ¥OL 956! P60330 .: Any provision herein which restricts the sale, or use of the described real property because of racals bvald and unentorceable under Federal las STATE OF TEXAS, COUNTY OF BEXAR I hereby certy that this Instrument was FILED In Flla Murber Sequence on the date and at the timestamped horeon by me and was duty RECORDED In the Office Public Record of Rod Propnty of Bew County, Tears on: SEP 1 1 2002 Seng Pautant COUNTY BLERK AEKAR COUNTY, TEXAS (continued) cmt-Texas Commitment 26 EXHIBIT A-3 Case 5.19-CV-00704-FB-ESC Document 20-1 Filed 09/20/19 Page 41 of 126 MIL KLONITILDI LT1-77-20050041357-1 Loan S&P File ASSIGNMENT OF DEED OF TRUST o This, Assignment of Deed of Trust ("Assignment") is made as of the day of Law, 2005, by AMERIQUEST MORTGAGE COMPANY ("Assignor"), having its principal place of business at 505 City Parkway West, Suite 100, Orange, CA 92868-2927, in favor of Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset- Backed Pass Through Certificates, Series 2003-X1, under the Pooling & Servicing Agreement dated as of January 1, 2003, Without Recourse, having its principal place of business at c/o Ameriquest Mortgage Company, 505 City Parkway West, Suite 100, Orange, CA 92868-2927 ("Assignee"). For good and valuable consideration, receipt of which is hereby acknowledged, Assignor hereby assigns to Assignee all of Assignor's rights and interests under the Instrument described below: Instrument: Date: Mortgagor: Recorded at: Recording Info: Deed of Trust (First Lien) August 28, 2002 FELIX ROBERT SUAREZ BEXAR County, Texas Document No, 20020414535 IN WITNESS WHEREOF, Assignor has executed this Assignment as of the date first above written. AMERIQUEST MOMEGAGE COMPANY Name: By:__ Name: 7497 KKT Title: The Kardant NIT LT2-11246- 11246-2487 Title Data, Inc. SV TDI43940 BE 20050041357.001 Case5.19-CV-00704-FB-ESC Document 20-1 Fied 09120/19 Page 42 of 126 state of California COUNTY OF Orange of T o this 2 day of el thar Can. 2005, - personally Vice President appeared AMERIQUEST MORTGAGE COMPANY, signer and sealer of the foregoing instrument and acknowledged the same to be his free act and deed and the free act and deed of said corporation, before me. SMIRNA TENG Communion 1 137496 Notary Public - Coloria Los Anguim County Amerna Teng Notary Public ig and far the State of_lifornia My Coom Epheskop la mort When Recorded, Return to: SETTLEPOU c/o BARRY D. JOHNSON 3333 LEE PARKWAY, EIGHTH FLDOR DALLAS, TEXAS 75219 Title Data, Inc, SV TDI43940 BE 20050041357.002 Case 5:19-CV-00704-FB-ESC Document 20-1 File 09120/19 Page 43 01 120 File No Appendix A LOT TWO (2), BLOCK ONE HUNDRED ONE (101) LOS ANGELES HBIGHITS ADDITION, NEW CITY BLOCK SEVENTY-ONE HUNDRED SIXTY-FOUR (7164) RECORDED IN VOLUME 105, PAGE 84 OF BEXAR COUNTY DERD AND PLAT RECORDS. Any provision heroike e merite the uplo, or use of the described na proputyh .. . entorcable under Fachwallow STATO CITY OF BEXAR Sheraty cesty phut this instrume, w FILED IR F: Murder Sequence on the date and time samped her by the mind # Luty RECORDED in the Official Public Record of Rw Property of County, Tucas On: FEB % 8 2005 COUNTY CLERK BEXAR COUNTY, TEXAS - Docll 20020414535 # Pages 25 09/11/2002 38:35:36 137 Filed & Recorded in Official Records of BEXAR COUHTY GERRY RICKHOFF COUNTY CLERK Fees $57.00 - - YOL 9 56 ! P60330 - - Any provision on which matrice lors of the auctbed propity count na ha ha hd cocak under Federata STATE OF TEXS, COUNTY OF BETAR hereby entity that the instrumenten FRED In All Number Sequanon on two and a bus the stomped hwron by me and duly RECORDED In the Old Record Re Propity Buur County, Taas one Doc# 20050041357 Fees: $18.00 02/28/2005 1:27PM # Pages 3 Filed & Recorded in the official Public Records of BEXAR COUNTY GERRY RICKHOFF COUNTY CLERK --- SEP 1 1 2002 A Senny Puttify AGUKTY DENAK HEKAR COUNTY, TEXAS (continued) cm-Texas Comunitment Title Data, Inc. SV TDI43940 BE 20050041357.003 26 EXHIBIT A-4 Book 18958 Page 1257 3pgs ilge 26" Doc# 20180014900 This Instrument Prepared by & Return to: Floy Wilson Kirkland Investors LLC 3000 Business Park Circle, Suite 500 Goodlettsville, TN 37072 Above This Line Reserved For Official Use Only Rescission of Assignment of Deed of Trust WHEREAS, Kirkland Investors LLC, of 3000 Business Park Circle, Suite 500, Goodlettsville, TN 37072, is the owner and holder of a certain Deed of Trust as described below and declares that the Assignment of Deed of Trust between AmeriQuest Mortgage Company, as "Assignor" and Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgage Securities, Inc., Asset-Backed Pass Through Certificates, Series 2003-X1, under the Pooling & Servicing Agreement dated as of January 1, 2003, as "Assignee", which was recorded on February 28, 2005 in Doc # 20050041357, in the Office of the Bexar County Clerk, Texas is hereby rescinded for the reason that it was erroneously prepared and recorded and has caused an incorrect chain of title with the county of Bexar, Texas. The Deed of Trust which was the subject of the erroneous assignment is further described as being Recorded on September 11, 2002, in Doc # 20020414535, Book 9561, Page 306 and being executed by Felix Robert Suarez, with a Loan Amount of $54,600.00. Property Address: 1252 Clower St., San Antonio, TX 78201 Legal Description: See Attached Exhibit "A" IN WITNESS WHEREOF, Assignor has caused this Rescission of Assignment of Deed of Trust to be executed and delivered, effective on this the 25 January 2018, mila Kirkland Investors LLC Mark A. Davis, Vice President 26 State of Tennessee County of Sumner } } On the 25 January 2018, before me, Floy Fillpot, a Notary Public, personally appeared Mark A. Davis, to me known, who being duly sworn, did say that he is the Vice President of Kirkland Investors LLC, and that said instrument was signed on behalf of said corporation. CILLPO FLOVE STATE OF TENNESSEE NOTARY » PUBLICA Floy Fillpot, Notary Public My Commission Expires: 7/24/19 4-2019 Su COLIN My Com hi.......... ER CO Teg 07.2012 mmagjon E Exhibit "A" Legal Description LOT TWO (2), BLOCK ONE HUNDRED ONE (101) LOS ANGELES HEIGHTS ADDITION, NEW CITY BLOCK SEVENTY-ONE HUNDRED SIXTY-FOUR (7164) RECORDED IN VOLUME 105, PAGE 84 OF BEXAR COUNTY DEED AND PLAT RECORDS. 26 Doc# 20180014900 # Pages 3 01/26/2018 10:40AM e-Filed & e-Recorded in the Official Public Records of BEXAR COUNTY GERARD C. RICKHOFF COUNTY CLERK Fees $30.00 STATE OF TEXAS COUNTY OF BEXAR This is to Certify that this document was e-FILED and e-RECORDED in the Official Public Records of Bexar County, Texas on this date and time stamped thereon. 01/26/2018 10:40AM COUNTY CLERK, BEXAR COUNTY TEXAS 26 EXHIBIT A-5 26 Prepared by: o Ameriquest Mortgage Company PO Box 11507 Santa Ana, CA 92711 Loan Number: ASSIGNMENT OF DEED OF TRUST THE STATE OF TEXAS COUNTY OF BEXAR KNOW ALL MEN BY THESE PRESENTS: That Ameriquest Mortgage Company acting herein, by, and through a duly authorized officer, the owner and holder of one certain promissory note for the sum of $ 54,600.00 executed by FELIX ROBERT SUAREZ payable to the order of Ameriquest Mortgage Company, and secured by a Deed of Trust of even date therewith to Ameriquest Mortgage Company Trustee, which was filed for record on* under File No** or recorded in Volume page* ff the Deed of Trust Records of BEXAR County, on the following described lot, or parcel of land situated in the County of BEXAR, State of T * 09/11 (2052 ** DOC #20020414535 "VOL. 4561 Page 0306 "LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF" for and in consideration of the sum of TEN AND NO/100 ($10.00) Dollars, and other good, valuable and sufficient consideration paid, the receipt of which is hereby acknowledged, does hereby transfer and assign, set over and deliverynto_Elizen Mortgage Trust Old Greenwich, CFOCO gage Trust Series 2009-153 forest Area the above described note, together with the liens against said property securing the payment thereof, and all title held by the undersigned in and to said land. TO HAVE AND TO HOLD unto said grantee said above described note, together with all and singular the liens, rights, equities, title and estate in said real estate above described securing the payment thereof, or otherwise, Executed 08/30/2002. Ameriquest Mortgage Company By: SINA GERWIG - AGENÍ State of California County of ORANGE On 08/30/2002, before me JOSE ARELLANO personally appeared GINA GERWIG, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Assignment. WITNESS my hand and Notarial Seal. A MGC1 AAA JOSE ARELLANO RISE COMM. # 1340287 SE OF NOTARY PUBLIC-CALIFORNIA O ORANGE COUNTY O COMM. EXP. JAN. 18, 2006- Tilloru Austratandore JOSE ARELLANO (This area for Notarial Seal) 700-TX (Rev 11/98) Book 17143 Page 352 2pgs Title Data, Inc. SV TDI43940 BE 20150048115.001 26 LEGAL DESCRIPTION EXHIBIT A LOT TWO (2), BLOCK ONE HUNDRED ONE (101) LOS ANGELES HEIGHTS ADDITION, NEW CITY BLOCK SEVENTY-ONE HUNDRED SIXTY-FOUR (7164) RECORDED IN VOLUME 105, PAGE 84 OF BEXAR COUNTY DEED AND PLAT RECORDS. Any provision herein whics restricts the sale of use of the described tea! property because of race is Invalid and unenforceable under Faderal law STATE OF TEXAS, COUNTY OF BEXAR I hereby Certify that this instrument was FILED in Filo Number Sequence on this data and at the timestamped herton Dy mo and was duly RECORDED In tho Ohiclal Public Record of Rnl Procery of Bexor County, Toxes of MAR 23 2015 COUNTY CLERK BEXAR COUNTY, TEXAB Doc# 20150048115 Fees: $30.00 03/23/2015 8:55AM # Pages 2 Filed & Recorded in the Official Public Records of BEXAR COUNTY GERARD C. RICKHOFF COUNTY CLERK Title Data, Inc. SV TDI43940 BE 20150048115.002 26 9. U.S. Bank is the current owner and holder of the Note and beneficiary of the Security Instrument. Shellpoint is the current servicer of the Loan. 10. Suarez has not tendered all payments on the Note when due. The Loan is due for the October 1, 2017 payment and all subsequent payments. (Exhibit A-11.) 11. On or about April 9, 2018, Shellpoint sent to Suarez, via United States certified mail Notice of Default and Intent to Accelerate ("Notice of Default") to the Property address, 1252 Clower Street, San Antonio, Texas 78201 and to PO Box 5251, San Antonio, Texas 78201, the last known address for Suarez. In the Notice of Default, Suarez was advised that the loan was in default and that he needed to tender $6,545.43 within 45 days to become current on the Loan. Suarez were also informed in the Notices of Default that his failure to timely bring the Loan current would result in an acceleration of the debt. True and correct copies of the Notices of Default are attached hereto as Exhibit A-8. 12. On June 29, 2018, U.S. Bank through its counsel, Mackie Wolf Zientz & Mann, P.C., sent via United States certified and regular mail to Suarez at PO Box 5251, San Antonio, Texas 78201, his last known address, and also to the Property address of 1252 Clower Street, San Antonio, Texas 78201, Notices of Acceleration of Loan Maturity ("Notices of Acceleration") indicating that Loan had been accelerated. True and correct copies of the Notices of Acceleration are attached hereto as Exhibit A-9. 13. A foreclosure sale of the Property was scheduled for June 4, 2019 and proper notice was mailed to Suarez, but the sale did not occur as a result of this litigation. True and correct copies of the Notices of Foreclosure Sale are attached hereto as Exhibit A-10. Page 4 of 6 DECLARATION MWZM: 18-000111-505-2 26 14. Through September 18, 2019, there is due and owing a balance of $77,736.16 on the Loan. Interest and other fees continue to accrue while the loan is in default. An accurate payoff statement is attached hereto as Exhibit A-12. 15. Attached hereto as Exhibits A-1 through A-12 are Servicing Records, which are business records from Shellpoint. These records are kept by Shellpoint in the regular course of business, including documents obtained through Shellpoint's servicing agreement with U.S. Bank, prior servicer files, documents obtained from Shellpoint's foreclosure counsel, and documents generated by Shellpoint itself. It is the regular course of business of Shellpoint for an employee or representative of Shellpoint, with knowledge of the act, event, condition, opinion, or diagnosis, recorded to make the record or to transmit information thereof to be included in such record; and the record was made at or near the time or reasonably soon thereafter. The records attached hereto are the original or exact duplicates of the original. These records are also identified as exhibits to this Declaration and are indicated below: A-1. Adjustable Rate Note dated August 28, 2002; A-2. Deed of Trust dated August 28, 2002; A-3. Assignment of Deed of Trust; A-4. Rescission of Assignment of Deed of Trust; A-5. Assignment of Deed of Trust dated August 30, 2002; A-6. Assignment of Deed of Trust dated October 13, 2011; A-7. Assignment of Deed of Trust dated December 6, 2017; A-8. Notices of Default; A-9. Notices of Acceleration; A-10. Notices of Foreclosure Sale; Page 5 of 6 DECLARATION MWZM: 18-00011 1-505-2 26 EXHIBIT A-6 26 PREPARED BY: KC WILSON AFTER RECORDATION RETURN TO: PI2-20150048116-2 Kirkland Investors, LLC P.O. Box 970 Goodlettsville, TN 37070-0970 ASSIGNMENT OF DEED OF TRUST LOAN #: FOR VALUE RECEIVED: ASSIGNOR: ELIZON MORTGAGE TRUST, SERIES 2009-1 ASSIGNOR ADDRESS: 53 FOREST AVE, OLD GREENWICH, CT 06870 DOES HEREBY GRANT, CONVEY, ASSIGN, AND TRANSFER TO: ASSIGNEE: KIRKLAND INVESTORS, LLC ASSIGNEE ADDRESS: 3000 BUSINESS PARK CIRCLE, STE 500 GOODLETTSVILLE, TN 37072 ALL BENEFICIAL INTEREST UNDER THAT CERTAIN DEED OF TRUST: DATED: 8/28/02 ORIGINAL LOAN AMOUNT: $54,600.00 TRUSTOR/BORROWER: FELIX ROBERT SUAREZ ORIGINAL BENEFICIARY: AMERIQUEST MORTGAGE COMPANY TRUSTEE: AMERIQUEST MORTGAGE COMPANY RECORDED IN THE OFFICIAL REAL PROPERTY RECORDS OF BEXAR COUNTY, TEXAS RECORDED: 9/11/02 IN BOOK/VOLUME/LIBER: 9561 PAGE: 0306 DOCUMENT: 20020414535 PROPERTY SUBJECT TO LIEN: 1252 CLOWER ST., SAN ANTONIO, TX 78201 TOGETHER WITH THE PROMISSORY NOTE SECURED BY SAID DEED OF TRUST AND ALL RIGHTS ACCRUED OR TO ACCRUE UNDER SAID DEED OF TRUST. NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE NATURAL PERSON YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORDING IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR DRIVERS LICENSE NUMBER. ELIZON MORTGAGE TRUST, SERIES 2009-1 boddl ray BY: NAME. Todd Craig TITLE: Authorized Signatory STATE OF CT COUNTY OF Fairheld) SS: ON_Oct 13, 2011, BEFORE ME. THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED Todd Craig _, Auth Sian PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE DULY AUTHORIZED PERSON WHO EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF THE El1207 muge Trust, AND ACKNOWLEDGED TO ME THAT SUCH Authsian EXECUTED THE WITHIN INSTRUMENT PURSUANT TO ITS BY-LAWS OR A RESOLUTION OF ITS BOARD OF DIRECTORS. WITNESS MY HAND AND OFFICIAL SEAL. JENNIFER MARZUL NOTARY PUBLIC OF CONNECTICUT NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE W TATE MY COMMISSION EXPIRES MY COMMISSION EXPIRES ON: Jamfor Magallo 9900 DO NOT GO BELOW THIS LINE Book 17143 Page 354 2pgs Texas 1/11 Title Data, Inc, SV TDI43940 BE 20150048116.001 26 LEGAL DESCRIPTION EXHIBIT A LOT TWO (2), BLOCK ONE HUNDRED ONE (101) LOS ANGELES HEIGHTS ADDITION, NEW CITY BLOCK SEVENTY-ONE HUNDRED SIXTY-FOUR (7164) RECORDED IN VOLUME 105, PAGE 84 OF BEXAR COUNTY DEED AND PLAT RECORDS. Any provision herein which restricis the sale, or use of the described real property because of race is invalid and unerforceable under Federal law STATE OF TEXAS, COUNTY OF BEXAR hereby Certify thel this instrument was FILED in File Number Sequence on This dalo and at the time stamped herean by me and was duly RECORDED in the Official Public Record of Real Property of Berar County, Tazas on: MAR 2.3 2015 CLER COM Serhale COUNTY CLERK BEXAR COUNTY, TEXAS Doc# 29150048116 Fees: $30.00 03/23/2015 8:55AM # Pages 2 Filed & Recorded into Public Records of BEXAR COUNTY GERARD C. RICKHOFF COUNTY CLERK Title Data, Inc, SV TDI43940 BE 20150048116.002 26 EXHIBIT A-7 26 Doc# 20180070211 04/16/2018 8:21AM Page 1 of 3 Gerard C. Rickhoff, Bexar County Clerk This Instrument Prepared By Floy Wilson Kirkland Investors LLC 3000 Business Park Circle, Suite 500 Goodlettsville, TN 37072 After Recording Return To Meridian Asset Services, Inc. Attn: Doc Intake - (KI12] 3201 34th Street South Ste 310 St. Petersburg, FL 33711 Above This Line Reserved For Official Use Only Assignment of Deed of Trust FOR VALUE RECEIVED, Kirkland Investors LLC, 3000 Business Park Circle, Suite 500, Goodlettsville, TN 37072 ("Assignor"), its successors and assigns, hereby assigns and transfers to U.S. Bank Trust National Association, as Trustee for CVI LCF Mortgage Loan Trust I, of 300 Delaware Avenue 9th Floor, Wilmington, DE 19801, ("Assignee"), its successors and assigns, all its right, title and interest in and to a certain Deed of Trust executed by Felix Robert Suarez, and bearing the date of August 28, 2002, and recorded on September 11, 2002, as Document # 20020414535, in the office of the Bexar County Clerk, Texas, together with the real property therein described, and also the indebtedness described in said Deed of Trust, and secured thereby, the note evidencing said indebtedness having this day been transferred and assigned to the said Assignee, together with all rights, title and interest in and to the said Deed of Trust, the property therein described and the indebtedness thereby secured, and the said Assignee, is hereby entitled to all of the rights, powers, and privileges and securities vested in Kirkland Investors LLC, under and by virtue of the aforesaid Deed of Trust. Original Mortgage Amount: $54,600.00 Property Address: 1252 Clower St., San Antonio, Texas 78201 Legal Description: See Attached Exhibit "A" Signed on the 6 December 2017, mila Kirkland Investors LLC Mark A. Davis, Vice President Title Data, Inc. SV TDI43940 BE 20180070211.001 26 Doc# 20180070211 04/16/2018 8:21AM Page 2 of 3 Gerard C. Rickhoff, Bexar County Clerk State of Tennessee County of Sumner } } On the 6 December 2017, before me, Floy Fillpot, a Notary Public, personally appeared Mark A. Davis, to me known, who being duly sworn, did say that he is the Vice President of Kirkland Investors LLC, and that said instrument was signed on behalf of said corporation. Floy Fiilpot Notary Public Sumner County, State of Tennessee My Commission Explres: July 24, 2019 Floy Fillpot, Novary Public My Commission Expires: 7/24/19 EXHIBIT "A" LEGAL DESCRIPTION LOT TWO (2), BLOCK ONE HUNDRED ONE (101) LOS ANGELES HEIGHTS ADDITION, NEW CITY BLOCK SEVENTY-ONE HUNDRED SIXTY-FOUR (7164) RECORDED IN VOLUME 105, PAGE 84 OF BEXAR COUNTY DEED AND PLAT RECORDS. Title Data, Inc. SV TDI43940 BE 20180070211.002 26 File Information Document Number: 20180070211 Recorded Date: April 16, 2018 Recorded Time: 8:21 AM Receipt Number: 20180416000014 Total Pages: Total Fees: $30.00 Any provision herein which restricts the sale or use of the described real property because of race is invalid and unenforceable under Federal law. STATE OF TEXAS, COUNTY OF BEXAR I hereby Certify that this instrument was eFILED in File Number Sequence on this date and at the time stamped hereon by me and was duly eRECORDED in the Official Public Record of Bexar County, Texas on: 4/16/2018 8:21 AM CLESS Xehet Gerard C. Rickhoff Bexar County Clerk Title Data, Inc. SV TDI43940 BE 20180070211.003 26 EXHIBIT A-8 P.O.BOXGASSO 5:19-cv-00704-FB-ESC Document 20-1 Filed 09/20/13* PUS 69 196 dont LIVONIA MI 48151-5850 RETURN SERVICE REQUESTED Mortgage Servicing Phone Number: 866-825-2174 Fax: 866-467-1187 Email: Lossmitigation@shellpointmtg.com Mon - Thurs: 8:00AM-6:00PM Fri: 8:00AM-5:00PM Loan Number: Principal Balance: $46,331.50 Կալլլլլլյլրս:ՈՐՈՆՈԿՈԿ: S-SFRECS20 L-1100-TX R-106 P85Z0C00200375 - 543505384 101498 FELIX R SUAREZ 1252 CLOWER STREET SAN ANTONIO TX 78201-3642 04/09/2018 NOTICE OF DEFAULT AND INTENT TO ACCELERATE RE: Deed of Trust/Mortgage Dated: 08/28/2002 Loan # Property: 1252 CLOWER STREET SAN ANTONIO, TX 78201 Dear FELIX R SUAREZ: Shellpoint Mortgage Servicing, ("Shellpoint"), as the mortgage servicer for U.S. Bank Trust National Association, as Trustee of CVI LCF Mortgage Loan Trust I, the creditor and holder of your mortgage promissory note (your "Loan"), and in accordance with your Deed of Trust/Mortgage and applicable state laws, provides you with formal notice of the following: The Loan associated with the referenced Deed of Trust/Mortgage is in default for failure to pay amounts due. To cure this default, you must pay all amounts due under the terms of your Loan. As of 04/09/2018, the total amount necessary to bring your Loan current is $6,545.43. After today's date please contact our office at 866-825-2174 as interest, payments, credits, fees and/or other permissible charges can continue to cause your account balance to vary from day to day. Payment must be in the form of cashier's check, money order, or bank certified funds. If you have not cured the default within forty-five (45) days of this notice, Shellpoint will accelerate the maturity date of the Loan and declare all outstanding amounts under the Loan immediately due and payable. You may have the right to reinstate your Loan after acceleration and the right to bring a court action to claim that your Loan is not in default or any other defense to acceleration and sale that you may have. This notice remains in effect until the default is cured. Upon acceleration of your Loan, Shellpoint will refer the property that is collateral for the Loan for foreclosure in accordance with the terms of the Deed of Trust/Mortgage and applicable state laws. Shellpoint is acting as the mortgage servicer for U.S. Bank as Trustee for CVI LCF Mtg Loan Trust I, who is the mortgagee of the Note and Deed of Trust associated with your real estate loan. Shellpoint, as mortgage servicer, is representing the mortgagee, whose address is 300 Delaware Ave 9th Fi, Wilmington DE 19801. The mortgage servicer is authorized to represent the mortgagee by virtue of a servicing agreement and Texas Property Code 51.0025. The mortgage servicer is authorized to collect the debt and to administer any resulting foreclosure of the property securing the referenced loan. For your benefit and assistance, there are government approved homeownership counseling agencies designed to help homeowners avoid losing their homes. To obtain a list of approved counseling agencies, please call (800) 569-4287. This matter is very important. Please give it your immediate attention. Si usted no entiende el contenido de esta carta, por favor contacte a uno de nuestros representantes que hablan español al número 866-825-2174. SEE REVERSE SIDE OR ATTACHED FOR AN IMPORTANT STATEMENT OF YOUR RIGHTS. P 1000001 A-0578273022 003330102J0400 Sincerely, 26 Shellpoint Mortgage Servicing 866-825-2174 Attention Servicemembers and Dependents: A debtor who is serving on active military duty may have special rights or relief related to this notice under federal law, including the Servicemembers Civil Relief Act (50 U.S.C. app Section 501 et seq) and state law, including Section 51.015, Texas Property Code. Assert and protect your rights as a member of the armed forces of the United States. If you are or your spouse is serving on active military duty, including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States, please send written notice of the active duty military service to the sender of this notice immediately. COMPLAINTS REGARDING THE SERVICING OF YOUR MORTGAGE SHOULD BE SENT TO THE DEPARTMENT OF SAVINGS AND MORTGAGE LENDING, 2601 N. Lamar, Suite 201 Austin, TX 78705. A TOLL-FREE CONSUMER HOTLINE IS AVAILABLE AT (877) 276-5550. LAS QUEJAS RELACIONADAS CON SUS SERVICIOS HIPOTECARIOS DEBEN SER ENVIADAS AL DEPARTAMENTO DE AHORROS Y PRÉSTAMOS HIPOTECARIOS, 2601 N. Lamar, Suite 201 Austin, TX 78705. HAY A SU DISPOSICIÓN UNA LÍNEA DE ATENCIÓN AL CLIENTE CON EL NÚMERO (877) 276-5550. 26 Please read the following important notices as they may affect your rights. This is an attempt to collect a debt and any information obtained will be used for that purpose. This communication is from a debt collector. If you are a customer in bankruptcy or a customer who has received a bankruptcy discharge of this debt: please be advised that this notice is to advise you of the status of your mortgage loan. This notice constitutes neither a demand for payment nor a notice of personal liability to any recipient hereof, who might have received a discharge of such debt in accordance with applicable bankruptcy laws or who might be subject to the automatic stay of Section 362 of the United States Bankruptcy Code. However, it may be a notice of possible enforcement of the lien against the collateral property, which has not been discharged in your bankruptcy. Attention Servicemembers and Dependents: The federal Servicemembers Civil Relief Act and certain state laws provide important protections for you, including interest rate protections and prohibiting foreclosure under most circumstances during and twelve months after the servicemember's military or other service. Counseling for covered servicemembers is available from Military OneSource (800-342-9647) and the United States Armed Forces Legal Assistance or other similar agencies. For more information, please visit the Military OneSource website www.militaryonesource.mil/. Notice of Error or Information Request Address: You have certain rights under Federal law related to resolving errors in the servicing of your loan and requesting information about your loan. If you want to request information about your loan or if you believe an error has occurred in the servicing of your loan and would like to submit an Error Resolution or Informational Request, please write to us at the following address: Shellpoint Mortgage Servicing P.O. Box 10826 Greenville, SC 29603-0826 The following is a Spanish translation of the information provided above. Lea por favor las siguientes avisos importantes que puedan afectar sus derechos. Esto es un intento de cobrar una deuda y cualquier información obtenida se utilizará para ello. Esta comunicación es de un cobrador de deudas. Si usted es un cliente en situación de bancarrota o un cliente que ha recibido una descarga de bancarrota de la deuda: tenga en cuenta que este aviso es para informarle de la situación de su préstamo hipotecario. Este aviso no constituye una exigencia de pago ni un aviso de responsabilidad civil contra ninguno de los destinatarios de la presente notificación, que pudiese haber recibido un descargo de este tipo de deuda de conformidad con la legislación vigente sobre bancarrota o que pudiera ser objeto de suspensión automática en virtud de Sección 362 del Código de Bancarrota de los Estados Unidos. No obstante, puede ser una notificación de una posible aplicación de gravamen sobre la propiedad como garantía, que aún no ha sido descargada en su proceso de bancarrota. Atención Miembros del Servicio Militar y Dependientes: Ley de Amparo Civil para miembros del servicio militar y ciertas leyes rotecciones importantes para usted, incluyendo protecciones de tasas de interés y prohibiendo la ejecución hipotecaria bajo la mayoría de las circunstancias durante y doce meses después del miembro del servicio militar u otro servicio. Asesoramiento para militares con cobertura está disponible de Military OneSource (800-342-9647) y la Asistencia Legal de las Fuerzas Armadas de Estados Unidos o de otras agencias similares. Para más información por favor visite el sitio web de Military OneSource www.militaryonesource.mil/. Aviso de Error o la Dirección de Petición de Información Usted tiene ciertos derechos en virtud de la ley federal relacionados con la resolución de errores en el servicio de su préstamo y la solicitud de información sobre su préstamo. Si desea solicitar información sobre su préstamo o si usted cree que un error ha ocurrido en el servicio de su préstamo y desea presentar una resolución de errores o solicitud de información, por favor escríbanos a la siguiente dirección: Shellpoint Mortgage Servicing P.O. Box 10826 Greenville, SC 29603-0826 The following is a Chinese translation of the information provided above. | 请阅读以下重要通知,因为它们可能会影响您的权利。 这是试图进行收债的一种尝试,所获取的任何信息均会用于收债目的。此信函由收债人发出。 如果您是破产客户,或是获得本债务破产免责的客户:请注意,本通知旨在告知您抵押贷款的状态。本通知不构成对此文件 i's TE WEET, PIGM is hip YLTTIX L*HTLI, E RE (*) 362 的付款要求或个人责任通知。但是,此通知可能会执行针对抵押财产的留置权,该权利尚未被您的破产所免除。 BRIXIE, E: WEB (EPENGETWE) E HETER, CEEJERENA JE ofXURXUŽUDXTENZJEB AT **** FOLIE TXITATEAtt. Military OneSource (800-342- 9647) F1* F EBBEN WÉBIT (United States Armed Forces Legal Assistance) #* M A ŽETE SUJET 人员提供咨询服务。如需更多信息,请访问 Military OneSource 网站:www.militaryonesource.mil/。 错误或信息请求通知致函根据联邦法律,您拥有某些关于解决您的贷款还本付息业务中的错误以及索取有关您贷款信息 te Fl. URIA, ENT KIELEHENETANT " X" oli "l i ", is, t: 40 T: Shellpoint Mortgage Servicing P.O. Box 10826 Greenville, SC 29603-0826 If you prefer to receive communication in a language other than English, Spanish, or Chinese, please contact us at 866-825-2174 to speak with a translator in your preferred language about the servicing of your loan or a document you received. Texas Attention Texas Residents: PURSUANT TO THE REQUIREMENTS OF SECTION 157.007 OF THE TEXAS MORTGAGE BANKER ACT, CHAPTER 157, TEXAS P85ZOC00200375 1001500 S-SFRECS20 L-1100-TX A-0578273022 FINANCE CODE, YASABE IGREBOH84#BDEETH DECUPEYIN60-1 Filed 09/20/19 Page 62 of 126 COMPLAINTS REGARDING A LICENSED RESIDENTIAL MORTGAGE LOAN ORIGINATOR SHOULD BE SENT TO THE TEXAS DEPARTMENT OF SAVINGS AND MORTGAGE LENDING, 2601 NORTH LAMAR, SUITE 201, AUSTIN, TEXAS 78705. A TOLL-FREE CONSUMER HOTLINE IS AVAILABLE AT 1-877-276-5550. THE DEPARTMENT MAINTAINS A RECOVERY FUND TO MAKE PAYMENTS OF CERTAIN ACTUAL OUT OF POCKET DAMAGES SUSTAINED BY BORROWERS CAUSED BY ACTS OF LICENSED RESIDENTIAL MORTGAGE LOAN ORIGINATORS. A WRITTEN APPLICATION FOR REIMBURSEMENT FROM THE RECOVERY FUND MUST BE FILED WITH AND INVESTIGATED BY THE DEPARTMENT PRIOR TO THE PAYMENT OF A CLAIM. FOR MORE INFORMATION ABOUT THE RECOVERY FUND. PLEASE CONSULT THE DEPARTMENT'S WEB SITE AT smlinfo@sml.texas.gov. Texas Atención Residentes de Texas: DE CONFORMIDAD CON LOS REQUISITOS DE LA SECCIÓN 157.007 DE LA LEY HIPOTECARIA DE BANQUERO DE TEXAS, CAPÍTULO 157, CODIGO DE FINANZAS DE TEXAS, LE INFORMAMOS DE LO SIGUIENTE: RESUENCA, AUS DER, NEENSTAROS QUEJAS ACERCA DE UN ORIGINADOR LICENCIADO DE AMOS HIPOTECARIOS RESIDENCIALES DEBEN ENVIARSE SAVINGS AND MORTGAGE LENDING, 2601 NORTH LAMAR, SUITE 201, AUSTIN, TEXAS 78705. UNA LINEA TELEFONICA AL CONSUMIDOR GRATUITA ESTÁ DISPONIBLE EN 1-877-276-5550. EL DEPARTAMENTO MANTIENE UN FONDO DE RECUPERACIÓN PARA REALIZAR LOS PAGOS DE CIERTOS DAÑOS REAL DE BOLSILLO SOSTENIDOS POR LOS PRESTATARIOS CAUSADOS POR ACTOS DE UN ORIGINADOR LICENCIADO DE PRÉSTAMOS HIPOTECARIOS RESIDENCIALES. UNA SOLICITUD ESCRITA PARA REEMBOLSO DEL FONDO DE RECUPERACION NECESITA SER PRESENTADA E INVESTIGADA POR EL DEPARTAMENTO ANTES DEL PAGO DE UNA RECLAMACION. PARA OBTENER MÁS INFORMACIÓN SOBRE EL FONDO DE RECUPERACIÓN, CONSULTE AL SITIO WEB DEL DEPARTAMENTO EN WWW.SML.TEXAS.GOV. P.O. BOXGasse 5:19-cv-00704-FB-ESC Document 20-1 Filed 09/20/19 PVA 63 13 12ont LIVONIA MI 48151-5850 RETURN SERVICE REQUESTED Mortgage Servicing Phone Number: 866-825-2174 Fax: 866-467-1187 Email: Lossmitigation@shellpointmtg.com Mon - Thurs: 8:00AM-6:00PM Fri: 8:00AM-5:00PM Loan Number: Principal Balance: $46,331.50 IIIIIlllll S-SFRECS20 L-1100-TX R-106 P85Z0C00200374 - 543505383 101494 FELIX R SUAREZ PO BOX 5251 SAN ANTONIO TX 78201-0251 04/09/2018 NOTICE OF DEFAULT AND INTENT TO ACCELERATE RE: Deed of Trust/Mortgage Dated: 08/28/2002 Loan # Property: 1252 CLOWER STREET SAN ANTONIO, TX 78201 Dear FELIX R SUAREZ: Shellpoint Mortgage Servicing, ("Shellpoint"), as the mortgage servicer for U.S. Bank Trust National Association, as Trustee of CVI LCF Mortgage Loan Trust I, the creditor and holder of your mortgage promissory note (your "Loan"), and in accordance with your Deed of Trust/Mortgage and applicable state laws, provides you with formal notice of the following: The Loan associated with the referenced Deed of Trust/Mortgage is in default for failure to pay amounts due. To cure this default, you must pay all amounts due under the terms of your Loan. As of 04/09/2018, the total amount necessary to bring your Loan current is $6,545.43. After today's date please contact our office at 866-825-2174 as interest, payments, credits, fees and/or other permissible charges can continue to cause your account balance to vary from day to day. Payment must be in the form of cashier's check, money order, or bank certified funds. If you have not cured the default within forty-five (45) days of this notice, Shellpoint will accelerate the maturity date of the Loan and declare all outstanding amounts under the Loan immediately due and payable. You may have the right to reinstate your Loan after acceleration and the right to bring a court action to claim that your Loan is not in default or any other defense to acceleration and sale that you may have. This notice remains in effect until the default is cured. Upon acceleration of your Loan, Shellpoint will refer the property that is collateral for the Loan for foreclosure in accordance with the terms of the Deed of Trust/Mortgage and applicable state laws. Shellpoint is acting as the mortgage servicer for U.S. Bank as Trustee for CVI LCF Mtg Loan Trust I, who is the mortgagee of the Note and Deed of Trust associated with your real estate loan. Shellpoint, as mortgage servicer, is representing the mortgagee, whose address is 300 Delaware Ave 9th Fi, Wilmington DE 19801. The mortgage servicer is authorized to represent the mortgagee by virtue of a servicing agreement and Texas Property Code 51.0025. The mortgage servicer is authorized to collect the debt and to administer any resulting foreclosure of the property securing the referenced loan. For your benefit and assistance, there are government approved homeownership counseling agencies designed to help homeowners avoid losing their homes. To obtain a list of approved counseling agencies, please call (800) 569-4287. This matter is very important. Please give it your immediate attention. Si usted no entiende el contenido de esta carta, por favor contacte a uno de nuestros representantes que hablan español al número 866-825-2174. SEE REVERSE SIDE OR ATTACHED FOR AN IMPORTANT STATEMENT OF YOUR RIGHTS. P 1000001 A-0578273022 003310102J0400 Sincerely, 26 Shellpoint Mortgage Servicing 866-825-2174 Attention Servicemembers and Dependents: A debtor who is serving on active military duty may have special rights or relief related to this notice under federal law, including the Servicemembers Civil Relief Act (50 U.S.C. app Section 501 et seq) and state law, including Section 51.015, Texas Property Code. Assert and protect your rights as a member of the armed forces of the United States. If you are or your spouse is serving on active military duty, including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States, please send written notice of the active duty military service to the sender of this notice immediately. COMPLAINTS REGARDING THE SERVICING OF YOUR MORTGAGE SHOULD BE SENT TO THE DEPARTMENT OF SAVINGS AND MORTGAGE LENDING, 2601 N. Lamar, Suite 201 Austin, TX 78705. A TOLL-FREE CONSUMER HOTLINE IS AVAILABLE AT (877) 276-5550. LAS QUEJAS RELACIONADAS CON SUS SERVICIOS HIPOTECARIOS DEBEN SER ENVIADAS AL DEPARTAMENTO DE AHORROS Y PRÉSTAMOS HIPOTECARIOS, 2601 N. Lamar, Suite 201 Austin, TX 78705. HAY A SU DISPOSICIÓN UNA LÍNEA DE ATENCIÓN AL CLIENTE CON EL NÚMERO (877) 276-5550. 26 Please read the following important notices as they may affect your rights. This is an attempt to collect a debt and any information obtained will be used for that purpose. This communication is from a debt collector. If you are a customer in bankruptcy or a customer who has received a bankruptcy discharge of this debt: please be advised that this notice is to advise you of the status of your mortgage loan. This notice constitutes neither a demand for payment nor a notice of personal liability to any recipient hereof, who might have received a discharge of such debt in accordance with applicable bankruptcy laws or who might be subject to the automatic stay of Section 362 of the United States Bankruptcy Code. However, it may be a notice of possible enforcement of the lien against the collateral property, which has not been discharged in your bankruptcy. Attention Servicemembers and Dependents: The federal Servicemembers Civil Relief Act and certain state laws provide important protections for you, including interest rate protections and prohibiting foreclosure under most circumstances during and twelve months after the servicemember's military or other service. Counseling for covered servicemembers is available from Military OneSource (800-342-9647) and the United States Armed Forces Legal Assistance or other similar agencies. For more information, please visit the Military OneSource website www.militaryonesource.mil/. Notice of Error or Information Request Address: You have certain rights under Federal law related to resolving errors in the servicing of your loan and requesting information about your loan. If you want to request information about your loan or if you believe an error has occurred in the servicing of your loan and would like to submit an Error Resolution or Informational Request, please write to us at the following address: Shellpoint Mortgage Servicing P.O. Box 10826 Greenville, SC 29603-0826 The following is a Spanish translation of the information provided above. Lea por favor las siguientes avisos importantes que puedan afectar sus derechos. Esto es un intento de cobrar una deuda y cualquier información obtenida se utilizará para ello. Esta comunicación es de un cobrador de deudas. Si usted es un cliente en situación de bancarrota o un cliente que ha recibido una descarga de bancarrota de la deuda: tenga en cuenta que este aviso es para informarle de la situación de su préstamo hipotecario. Este aviso no constituye una exigencia de pago ni un aviso de responsabilidad civil contra ninguno de los destinatarios de la presente notificación, que pudiese haber recibido un descargo de este tipo de deuda de conformidad con la legislación vigente sobre bancarrota o que pudiera ser objeto de suspensión automática en virtud de Sección 362 del Código de Bancarrota de los Estados Unidos. No obstante, puede ser una notificación de una posible aplicación de gravamen sobre la propiedad como garantía, que aún no ha sido descargada en su proceso de bancarrota. Atención Miembros del Servicio Militar y Dependientes: Ley de Amparo Civil para miembros del servicio militar y ciertas leyes rotecciones importantes para usted, incluyendo protecciones de tasas de interés y prohibiendo la ejecución hipotecaria bajo la mayoría de las circunstancias durante y doce meses después del miembro del servicio militar u otro servicio. Asesoramiento para militares con cobertura está disponible de Military OneSource (800-342-9647) y la Asistencia Legal de las Fuerzas Armadas de Estados Unidos o de otras agencias similares. Para más información por favor visite el sitio web de Military OneSource www.militaryonesource.mil/. Aviso de Error o la Dirección de Petición de Información Usted tiene ciertos derechos en virtud de la ley federal relacionados con la resolución de errores en el servicio de su préstamo y la solicitud de información sobre su préstamo. Si desea solicitar información sobre su préstamo o si usted cree que un error ha ocurrido en el servicio de su préstamo y desea presentar una resolución de errores o solicitud de información, por favor escríbanos a la siguiente dirección: Shellpoint Mortgage Servicing P.O. Box 10826 Greenville, SC 29603-0826 The following is a Chinese translation of the information provided above. | 请阅读以下重要通知,因为它们可能会影响您的权利。 这是试图进行收债的一种尝试,所获取的任何信息均会用于收债目的。此信函由收债人发出。 如果您是破产客户,或是获得本债务破产免责的客户:请注意,本通知旨在告知您抵押贷款的状态。本通知不构成对此文件 i's TE WEET, PIGM is hip YLTTIX L*HTLI, E RE (*) 362 的付款要求或个人责任通知。但是,此通知可能会执行针对抵押财产的留置权,该权利尚未被您的破产所免除。 BRIXIE, E: WEB (EPENGETWE) E HETER, CEEJERENA JE ofXURXUŽUDXTENZJEB AT **** FOLIE TXITATEAtt. Military OneSource (800-342- 9647) F1* F EBBEN WÉBIT (United States Armed Forces Legal Assistance) #* M A ŽETE SUJET 人员提供咨询服务。如需更多信息,请访问 Military OneSource 网站:www.militaryonesource.mil/。 错误或信息请求通知致函根据联邦法律,您拥有某些关于解决您的贷款还本付息业务中的错误以及索取有关您贷款信息 te Fl. URIA, ENT KIELEHENETANT " X" oli "l i ", is, t: 40 T: Shellpoint Mortgage Servicing P.O. Box 10826 Greenville, SC 29603-0826 If you prefer to receive communication in a language other than English, Spanish, or Chinese, please contact us at 866-825-2174 to speak with a translator in your preferred language about the servicing of your loan or a document you received. Texas Attention Texas Residents: PURSUANT TO THE REQUIREMENTS OF SECTION 157.007 OF THE TEXAS MORTGAGE BANKER ACT, CHAPTER 157, TEXAS P85ZOC00200374 1001496 S-SFRECS20 L-1100-TX A-0578273022 FINANCE CODE, TISABELGEREBOY84#BDEETH DECUPEYIN 60-1 Filed 09/20/19 Page 66 of 126 COMPLAINTS REGARDING A LICENSED RESIDENTIAL MORTGAGE LOAN ORIGINATOR SHOULD BE SENT TO THE TEXAS DEPARTMENT OF SAVINGS AND MORTGAGE LENDING, 2601 NORTH LAMAR, SUITE 201, AUSTIN, TEXAS 78705. A TOLL-FREE CONSUMER HOTLINE IS AVAILABLE AT 1-877-276-5550. THE DEPARTMENT MAINTAINS A RECOVERY FUND TO MAKE PAYMENTS OF CERTAIN ACTUAL OUT OF POCKET DAMAGES SUSTAINED BY BORROWERS CAUSED BY ACTS OF LICENSED RESIDENTIAL MORTGAGE LOAN ORIGINATORS. A WRITTEN APPLICATION FOR REIMBURSEMENT FROM THE RECOVERY FUND MUST BE FILED WITH AND INVESTIGATED BY THE DEPARTMENT PRIOR TO THE PAYMENT OF A CLAIM. FOR MORE INFORMATION ABOUT THE RECOVERY FUND. PLEASE CONSULT THE DEPARTMENT'S WEB SITE AT smlinfo@sml.texas.gov. Texas Atención Residentes de Texas: DE CONFORMIDAD CON LOS REQUISITOS DE LA SECCIÓN 157.007 DE LA LEY HIPOTECARIA DE BANQUERO DE TEXAS, CAPÍTULO 157, CODIGO DE FINANZAS DE TEXAS, LE INFORMAMOS DE LO SIGUIENTE: RESUENCA, AUS DER, NEENSTAROS QUEJAS ACERCA DE UN ORIGINADOR LICENCIADO DE AMOS HIPOTECARIOS RESIDENCIALES DEBEN ENVIARSE SAVINGS AND MORTGAGE LENDING, 2601 NORTH LAMAR, SUITE 201, AUSTIN, TEXAS 78705. UNA LINEA TELEFONICA AL CONSUMIDOR GRATUITA ESTÁ DISPONIBLE EN 1-877-276-5550. EL DEPARTAMENTO MANTIENE UN FONDO DE RECUPERACIÓN PARA REALIZAR LOS PAGOS DE CIERTOS DAÑOS REAL DE BOLSILLO SOSTENIDOS POR LOS PRESTATARIOS CAUSADOS POR ACTOS DE UN ORIGINADOR LICENCIADO DE PRÉSTAMOS HIPOTECARIOS RESIDENCIALES. UNA SOLICITUD ESCRITA PARA REEMBOLSO DEL FONDO DE RECUPERACION NECESITA SER PRESENTADA E INVESTIGADA POR EL DEPARTAMENTO ANTES DEL PAGO DE UNA RECLAMACION. PARA OBTENER MÁS INFORMACIÓN SOBRE EL FONDO DE RECUPERACIÓN, CONSULTE AL SITIO WEB DEL DEPARTAMENTO EN WWW.SML.TEXAS.GOV. 26 P.O. BOX 51850 LIVONIA M 48151-5850 RETURN SERVICE REQUESTED USPS CERTIFIED MAIL" TH ILIP 9214 8969 0070 4242 6969 25 lll. . . H S-SFRECS20 L-1100-TX-C R-106 P85YYN00200375 - 543477835 101872 FELIX R SUAREZ 1252 CLOWER STREET SAN ANTONIO TX 78201-3642 00334010390400 P.O. BOXGasse 5:19-cv-00704-FB-ESC Document 20-1 Filed 09/20/19 PVA 68 13 12ont LIVONIA MI 48151-5850 RETURN SERVICE REQUESTED Mortgage Servicing Phone Number: 866-825-2174 Fax: 866-467-1187 Email: Lossmitigation@shellpointmtg.com Mon - Thurs: 8:00AM-6:00PM Fri: 8:00AM-5:00PM l|rl||||II-լր||||| |||l Loan Number: S-SFRECS20 L-1100-TX-C R-106 P85YYN00200375 - 543477835 101873 Principal Balance: $46,331.50 FELIX R SUAREZ 1252 CLOWER STREET SAN ANTONIO TX 78201-3642 04/09/2018 NOTICE OF DEFAULT AND INTENT TO ACCELERATE RE: Deed of Trust/Mortgage Dated: 08/28/2002 Loan #: Property: 1252 CLOWER STREET SAN ANTONIO, TX 78201 Dear FELIX R SUAREZ: Shellpoint Mortgage Servicing, ("Shellpoint"), as the mortgage servicer for U.S. Bank Trust National Association, as Trustee of CVI LCF Mortgage Loan Trust I, the creditor and holder of your mortgage promissory note (your "Loan"), and in accordance with your Deed of Trust/Mortgage and applicable state laws, provides you with formal notice of the following: The Loan associated with the referenced Deed of Trust/Mortgage is in default for failure to pay amounts due. To cure this default, you must pay all amounts due under the terms of your Loan. As of 04/09/2018, the total amount necessary to bring your Loan current is $6,545.43. After today's date please contact our office at 866-825-2174 as interest, payments, credits, fees and/or other permissible charges can continue to cause your account balance to vary from day to day. Payment must be in the form of cashier's check, money order, or bank certified funds. If you have not cured the default within forty-five (45) days of this notice, Shellpoint will accelerate the maturity date of the Loan and declare all outstanding amounts under the Loan immediately due and payable. You may have the right to reinstate your Loan after acceleration and the right to bring a court action to claim that your Loan is not in default or any other defense to acceleration and sale that you may have. This notice remains in effect until the default is cured. Upon acceleration of your Loan, Shellpoint will refer the property that is collateral for the Loan for foreclosure in accordance with the terms of the Deed of Trust/Mortgage and applicable state laws. Shellpoint is acting as the mortgage servicer for U.S. Bank as Trustee for CVI LCF Mtg Loan Trust I, who is the mortgagee of the Note and Deed of Trust associated with your real estate loan. Shellpoint, as mortgage servicer, is representing the mortgagee, whose address is 300 Delaware Ave 9th Fi, Wilmington DE 19801. The mortgage servicer is authorized to represent the mortgagee by virtue of a servicing agreement and Texas Property Code 51.0025. The mortgage servicer is authorized to collect the debt and to administer any resulting foreclosure of the property securing the referenced loan. For your benefit and assistance, there are government approved homeownership counseling agencies designed to help homeowners avoid losing their homes. To obtain a list of approved counseling agencies, please call (800) 569-4287. This matter is very important. Please give it your immediate attention. Si usted no entiende el contenido de esta carta, por favor contacte a uno de nuestros representantes que hablan español al número 866-825-2174. SEE REVERSE SIDE OR ATTACHED FOR AN IMPORTANT STATEMENT OF YOUR RIGHTS. P 1000002 A-0578273022 00334020330000 Sincerely, 26 Shellpoint Mortgage Servicing 866-825-2174 Attention Servicemembers and Dependents: A debtor who is serving on active military duty may have special rights or relief related to this notice under federal law, including the Servicemembers Civil Relief Act (50 U.S.C. app Section 501 et seq) and state law, including Section 51.015, Texas Property Code. Assert and protect your rights as a member of the armed forces of the United States. If you are or your spouse is serving on active military duty, including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States, please send written notice of the active duty military service to the sender of this notice immediately. COMPLAINTS REGARDING THE SERVICING OF YOUR MORTGAGE SHOULD BE SENT TO THE DEPARTMENT OF SAVINGS AND MORTGAGE LENDING, 2601 N. Lamar, Suite 201 Austin, TX 78705. A TOLL-FREE CONSUMER HOTLINE IS AVAILABLE AT (877) 276-5550. LAS QUEJAS RELACIONADAS CON SUS SERVICIOS HIPOTECARIOS DEBEN SER ENVIADAS AL DEPARTAMENTO DE AHORROS Y PRÉSTAMOS HIPOTECARIOS, 2601 N. Lamar, Suite 201 Austin, TX 78705. HAY A SU DISPOSICIÓN UNA LÍNEA DE ATENCIÓN AL CLIENTE CON EL NÚMERO (877) 276-5550. 26 Please read the following important notices as they may affect your rights. This is an attempt to collect a debt and any information obtained will be used for that purpose. This communication is from a debt collector. If you are a customer in bankruptcy or a customer who has received a bankruptcy discharge of this debt: please be advised that this notice is to advise you of the status of your mortgage loan. This notice constitutes neither a demand for payment nor a notice of personal liability to any recipient hereof, who might have received a discharge of such debt in accordance with applicable bankruptcy laws or who might be subject to the automatic stay of Section 362 of the United States Bankruptcy Code. However, it may be a notice of possible enforcement of the lien against the collateral property, which has not been discharged in your bankruptcy. Attention Servicemembers and Dependents: The federal Servicemembers Civil Relief Act and certain state laws provide important protections for you, including interest rate protections and prohibiting foreclosure under most circumstances during and twelve months after the servicemember's military or other service. Counseling for covered servicemembers is available from Military OneSource (800-342-9647) and the United States Armed Forces Legal Assistance or other similar agencies. For more information, please visit the Military OneSource website www.militaryonesource.mil/. Notice of Error or Information Request Address: You have certain rights under Federal law related to resolving errors in the servicing of your loan and requesting information about your loan. If you want to request information about your loan or if you believe an error has occurred in the servicing of your loan and would like to submit an Error Resolution or Informational Request, please write to us at the following address: Shellpoint Mortgage Servicing P.O. Box 10826 Greenville, SC 29603-0826 The following is a Spanish translation of the information provided above. Lea por favor las siguientes avisos importantes que puedan afectar sus derechos. Esto es un intento de cobrar una deuda y cualquier información obtenida se utilizará para ello. Esta comunicación es de un cobrador de deudas. Si usted es un cliente en situación de bancarrota o un cliente que ha recibido una descarga de bancarrota de la deuda: tenga en cuenta que este aviso es para informarle de la situación de su préstamo hipotecario. Este aviso no constituye una exigencia de pago ni un aviso de responsabilidad civil contra ninguno de los destinatarios de la presente notificación, que pudiese haber recibido un descargo de este tipo de deuda de conformidad con la legislación vigente sobre bancarrota o que pudiera ser objeto de suspensión automática en virtud de Sección 362 del Código de Bancarrota de los Estados Unidos. No obstante, puede ser una notificación de una posible aplicación de gravamen sobre la propiedad como garantía, que aún no ha sido descargada en su proceso de bancarrota. Atención Miembros del Servicio Militar y Dependientes: Ley de Amparo Civil para miembros del servicio militar y ciertas leyes estatales proporcionan protecciones ntes para usted, incluyendo protecciones de tasas de interés y prohibiendo la ejecución hipotecaria bajo la mayoría de las circunstancias durante y doce meses después del miembro del servicio militar u otro servicio. Asesoramiento para militares con cobertura está disponible de Military OneSource (800-342-9647) y la Asistencia Legal de las Fuerzas Armadas de Estados Unidos o de otras agencias similares. Para más información por favor visite el sitio web de Military OneSource www.militaryonesource.mil/. Aviso de Error o la Dirección de Petición de Información Usted tiene ciertos derechos en virtud de la ley federal relacionados con la resolución de errores en el servicio de su préstamo y la solicitud de información sobre su préstamo. Si desea solicitar información sobre su préstamo o si usted cree que un error ha ocurrido en el servicio de su préstamo y desea presentar una resolución de errores o solicitud de información, por favor escríbanos a la siguiente dirección: Shellpoint Mortgage Servicing P.O. Box 10826 Greenville, SC 29603-0826 The following is a Chinese translation of the information provided above. | 请阅读以下重要通知,因为它们可能会影响您的权利。 这是试图进行收债的一种尝试,所获取的任何信息均会用于收债目的。此信函由收债人发出。 如果您是破产客户,或是获得本债务破产免责的客户:请注意,本通知旨在告知您抵押贷款的状态。本通知不构成对此文件 i's TE WEET, PIGM is hip YLTTIX L*HTLI, E RE (*) 362 的付款要求或个人责任通知。但是,此通知可能会执行针对抵押财产的留置权,该权利尚未被您的破产所免除。 BRIXIE, E: WEB (EPENGETWE) E HETER, CEEJERENA JE ofXURXUŽUDXTENZJEB AT **** FOLIE TXITATEAtt. Military OneSource (800-342- 9647) F1* F EBBEN WÉBIT (United States Armed Forces Legal Assistance) #* M A ŽETE SUJET 人员提供咨询服务。如需更多信息,请访问 Military OneSource 网站:www.militaryonesource.mil/。 错误或信息请求通知致函根据联邦法律,您拥有某些关于解决您的贷款还本付息业务中的错误以及索取有关您贷款信息 te Fl. URIA, ENT KIELEHENETANT " X" oli "l i ", is, t: 40 T: Shellpoint Mortgage Servicing P.O. Box 10826 Greenville, SC 29603-0826 If you prefer to receive communication in a language other than English, Spanish, or Chinese, please contact us at 866-825-2174 to speak with a translator in your preferred language about the servicing of your loan or a document you received. Texas Attention Texas Residents: PURSUANT TO THE REQUIREMENTS OF SECTION 157.007 OF THE TEXAS MORTGAGE BANKER ACT, CHAPTER 157, TEXAS P85YYN00200375 1001875 S-SFRECS20 L-1100-TX-C A-0578273022 26 A-11. Payment history; A-12. Payoff quote. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Signed this 20th day of September, 2019. NewRez, LLC, F/K/A New Perin Financial, LLC D/B/A Shekpoint Mortgage Servicing Signature G. C co m Name: CAROLINE TRINKLEY Title: Authorized Representative Page 6 of 6 DECLARATION MWZM: 18-000111-505-2 26 EXHIBIT A-1 FINANCE COREYADRE DABAR THIE LLOWING THRERHAREMSEN Filep 29129112 Piage 7726726CKET TITHent- FINANCE CODE, YOU ARE H THE DEPARTMENT MAINTAINS ARECOVER UND TO MAKE PAYMENTS OF CERTAIN UT OCKET DAMAGES SUSTAINED BY BORROWERS CAUSED BY ACTS OF LICENSED RESIDENTIAL MORTGAGE LOAN ORIGINATORS. A WRITTEN APPLICATION FOR REIMBURSEMENT FROM THE RECOVERY FUND MUST BE FILED WITH AND INVESTIGATED BY THE DEPARTMENT PRIOR TO THE PAYMENT OF A CLAIM. FOR MORE INFORMATION ABOUT THE RECOVERY FUND. PLEASE CONSULT THE DEPARTMENT'S WEB SITE AT smlinfo@sml.texas.gov. Texas Atención Residentes de Texas: DE CONFORMIDAD CON LOS REQUISITOS DE LA SECCION 157.007 DE LA LEY HIPOTECARIA DE BANQUERO DE TEXAS, CAPITULO 157, CODIGO DE FINANZAS DE TEXAS, LE INFORMAMOS DE LO SIGUIENTE: EL DEPARTAMENTO MANTIENE UN FONDO DE RECUPERACIÓN PARA REALIZAR LOS PAGOS DE CIERTOS DAÑOS REAL DE BOLSILLO SOSTENIDOS POR LOS PRESTATARIOS CAUSADOS POR ACTOS DE UN ORIGINADOR LICENCIADO DE PRESTAMOS HIPOTECARIOS RESIDENCIALES. UNA SOLICITUD ESCRITA PARA REEMBOLSO DEL FONDO DE RECUPERACION NECESITA SER PRESENTADA E INVESTIGADA POR EL DEPARTAMENTO ANTES DEL PAGO DE UNA RECLAMACION. PARA OBTENER MÁS INFORMACIÓN SOBRE EL FONDO DE RECUPERACION, CONSULTE AL SITIO WEB DEL DEPARTAMENTO EN WWW.SML.TEXAS.GOV. 26 P.O. BOX 51850 LIVONIA M 48151-5850 RETURN SERVICE REQUESTED USPS CERTIFIED MAIL" 9214 8969 0070 4242 6969 18 LIITIUM imellllll S-SFRECS20 L-1100-TX-C R-106 P85YYNO0200374 - 543477834 101867 FELIX R SUAREZ PO BOX 5251 SAN ANTONIO TX 78201-0251 003320103L0400 P.O. BOXGasse 5:19-cv-00704-FB-ESC Document 20-1 Filed 09/20/19 PUS 23 13 22 ont LIVONIA MI 48151-5850 RETURN SERVICE REQUESTED Mortgage Servicing Phone Number: 866-825-2174 Fax: 866-467-1187 Email: Lossmitigation@shellpointmtg.com Mon - Thurs: 8:00AM-6:00PM Fri: 8:00AM-5:00PM Loan Number: Principal Balance: $46,331.50 •lllllllllllllllllllllllllllllll-IIIIIIIIԼ S-SFRECS20 L-1100-TX-C R-106 P85YYN00200374 - 543477834 101868 FELIX R SUAREZ PO BOX 5251 SAN ANTONIO TX 78201-0251 04/09/2018 NOTICE OF DEFAULT AND INTENT TO ACCELERATE RE: Deed of Trust/Mortgage Dated: 08/28/2002 Loan # Property: 1252 CLOWER STREET SAN ANTONIO, TX 78201 Dear FELIX R SUAREZ: Shellpoint Mortgage Servicing, ("Shellpoint"), as the mortgage servicer for U.S. Bank Trust National Association, as Trustee of CVI LCF Mortgage Loan Trust I, the creditor and holder of your mortgage promissory note (your "Loan"), and in accordance with your Deed of Trust/Mortgage and applicable state laws, provides you with formal notice of the following: The Loan associated with the referenced Deed of Trust/Mortgage is in default for failure to pay amounts due. To cure this default, you must pay all amounts due under the terms of your Loan. As of 04/09/2018, the total amount necessary to bring your Loan current is $6,545.43. After today's date please contact our office at 866-825-2174 as interest, payments, credits, fees and/or other permissible charges can continue to cause your account balance to vary from day to day. Payment must be in the form of cashier's check, money order, or bank certified funds. If you have not cured the default within forty-five (45) days of this notice, Shellpoint will accelerate the maturity date of the Loan and declare all outstanding amounts under the Loan immediately due and payable. You may have the right to reinstate your Loan after acceleration and the right to bring a court action to claim that your Loan is not in default or any other defense to acceleration and sale that you may have. This notice remains in effect until the default is cured. Upon acceleration of your Loan, Shellpoint will refer the property that is collateral for the Loan for foreclosure in accordance with the terms of the Deed of Trust/Mortgage and applicable state laws. Shellpoint is acting as the mortgage servicer for U.S. Bank as Trustee for CVI LCF Mtg Loan Trust I, who is the mortgagee of the Note and Deed of Trust associated with your real estate loan. Shellpoint, as mortgage servicer, is representing the mortgagee, whose address is 300 Delaware Ave 9th Fi, Wilmington DE 19801. The mortgage servicer is authorized to represent the mortgagee by virtue of a servicing agreement and Texas Property Code 51.0025. The mortgage servicer is authorized to collect the debt and to administer any resulting foreclosure of the property securing the referenced loan. For your benefit and assistance, there are government approved homeownership counseling agencies designed to help homeowners avoid losing their homes. To obtain a list of approved counseling agencies, please call (800) 569-4287. This matter is very important. Please give it your immediate attention. Si usted no entiende el contenido de esta carta, por favor contacte a uno de nuestros representantes que hablan español al número 866-825-2174. SEE REVERSE SIDE OR ATTACHED FOR AN IMPORTANT STATEMENT OF YOUR RIGHTS. P 1000002 A-0578273022 00332020330000 Sincerely, 26 Shellpoint Mortgage Servicing 866-825-2174 Attention Servicemembers and Dependents: A debtor who is serving on active military duty may have special rights or relief related to this notice under federal law, including the Servicemembers Civil Relief Act (50 U.S.C. app Section 501 et seq) and state law, including Section 51.015, Texas Property Code. Assert and protect your rights as a member of the armed forces of the United States. If you are or your spouse is serving on active military duty, including active military duty as a member of the Texas National Guard or the National Guard of another state or as a member of a reserve component of the armed forces of the United States, please send written notice of the active duty military service to the sender of this notice immediately. COMPLAINTS REGARDING THE SERVICING OF YOUR MORTGAGE SHOULD BE SENT TO THE DEPARTMENT OF SAVINGS AND MORTGAGE LENDING, 2601 N. Lamar, Suite 201 Austin, TX 78705. A TOLL-FREE CONSUMER HOTLINE IS AVAILABLE AT (877) 276-5550. LAS QUEJAS RELACIONADAS CON SUS SERVICIOS HIPOTECARIOS DEBEN SER ENVIADAS AL DEPARTAMENTO DE AHORROS Y PRÉSTAMOS HIPOTECARIOS, 2601 N. Lamar, Suite 201 Austin, TX 78705. HAY A SU DISPOSICIÓN UNA LÍNEA DE ATENCIÓN AL CLIENTE CON EL NÚMERO (877) 276-5550. 26 Please read the following important notices as they may affect your rights. This is an attempt to collect a debt and any information obtained will be used for that purpose. This communication is from a debt collector. If you are a customer in bankruptcy or a customer who has received a bankruptcy discharge of this debt: please be advised that this notice is to advise you of the status of your mortgage loan. This notice constitutes neither a demand for payment nor a notice of personal liability to any recipient hereof, who might have received a discharge of such debt in accordance with applicable bankruptcy laws or who might be subject to the automatic stay of Section 362 of the United States Bankruptcy Code. However, it may be a notice of possible enforcement of the lien against the collateral property, which has not been discharged in your bankruptcy. Attention Servicemembers and Dependents: The federal Servicemembers Civil Relief Act and certain state laws provide important protections for you, including interest rate protections and prohibiting foreclosure under most circumstances during and twelve months after the servicemember's military or other service. Counseling for covered servicemembers is available from Military OneSource (800-342-9647) and the United States Armed Forces Legal Assistance or other similar agencies. For more information, please visit the Military OneSource website www.militaryonesource.mil/. Notice of Error or Information Request Address: You have certain rights under Federal law related to resolving errors in the servicing of your loan and requesting information about your loan. If you want to request information about your loan or if you believe an error has occurred in the servicing of your loan and would like to submit an Error Resolution or Informational Request, please write to us at the following address: Shellpoint Mortgage Servicing P.O. Box 10826 Greenville, SC 29603-0826 The following is a Spanish translation of the information provided above. Lea por favor las siguientes avisos importantes que puedan afectar sus derechos. Esto es un intento de cobrar una deuda y cualquier información obtenida se utilizará para ello. Esta comunicación es de un cobrador de deudas. Si usted es un cliente en situación de bancarrota o un cliente que ha recibido una descarga de bancarrota de la deuda: tenga en cuenta que este aviso es para informarle de la situación de su préstamo hipotecario. Este aviso no constituye una exigencia de pago ni un aviso de responsabilidad civil contra ninguno de los destinatarios de la presente notificación, que pudiese haber recibido un descargo de este tipo de deuda de conformidad con la legislación vigente sobre bancarrota o que pudiera ser objeto de suspensión automática en virtud de Sección 362 del Código de Bancarrota de los Estados Unidos. No obstante, puede ser una notificación de una posible aplicación de gravamen sobre la propiedad como garantía, que aún no ha sido descargada en su proceso de bancarrota. Atención Miembros del Servicio Militar y Dependientes: Ley de Amparo Civil para miembros del servicio militar y ciertas leyes rotecciones importantes para usted, incluyendo protecciones de tasas de interés y prohibiendo la ejecución hipotecaria bajo la mayoría de las circunstancias durante y doce meses después del miembro del servicio militar u otro servicio. Asesoramiento para militares con cobertura está disponible de Military OneSource (800-342-9647) y la Asistencia Legal de las Fuerzas Armadas de Estados Unidos o de otras agencias similares. Para más información por favor visite el sitio web de Military OneSource www.militaryonesource.mil/. Aviso de Error o la Dirección de Petición de Información Usted tiene ciertos derechos en virtud de la ley federal relacionados con la resolución de errores en el servicio de su préstamo y la solicitud de información sobre su préstamo. Si desea solicitar información sobre su préstamo o si usted cree que un error ha ocurrido en el servicio de su préstamo y desea presentar una resolución de errores o solicitud de información, por favor escríbanos a la siguiente dirección: Shellpoint Mortgage Servicing P.O. Box 10826 Greenville, SC 29603-0826 The following is a Chinese translation of the information provided above. | 请阅读以下重要通知,因为它们可能会影响您的权利。 这是试图进行收债的一种尝试,所获取的任何信息均会用于收债目的。此信函由收债人发出。 如果您是破产客户,或是获得本债务破产免责的客户:请注意,本通知旨在告知您抵押贷款的状态。本通知不构成对此文件 i's TE WEET, PIGM is hip YLTTIX L*HTLI, E RE (*) 362 的付款要求或个人责任通知。但是,此通知可能会执行针对抵押财产的留置权,该权利尚未被您的破产所免除。 BRIXIE, E: WEB (EPENGETWE) E HETER, CEEJERENA JE ofXURXUŽUDXTENZJEB AT **** FOLIE TXITATEAtt. Military OneSource (800-342- 9647) F1* F EBBEN WÉBIT (United States Armed Forces Legal Assistance) #* M A ŽETE SUJET 人员提供咨询服务。如需更多信息,请访问 Military OneSource 网站:www.militaryonesource.mil/。 错误或信息请求通知致函根据联邦法律,您拥有某些关于解决您的贷款还本付息业务中的错误以及索取有关您贷款信息 te Fl. URIA, ENT KIELEHENETANT " X" oli "l i ", is, t: 40 T: Shellpoint Mortgage Servicing P.O. Box 10826 Greenville, SC 29603-0826 If you prefer to receive communication in a language other than English, Spanish, or Chinese, please contact us at 866-825-2174 to speak with a translator in your preferred language about the servicing of your loan or a document you received. Texas Attention Texas Residents: PURSUANT TO THE REQUIREMENTS OF SECTION 157.007 OF THE TEXAS MORTGAGE BANKER ACT, CHAPTER 157, TEXAS P85YYN00200374 1001870 S-SFRECS20 L-1100-TX-C A-0578273022 THE NEPAR G eki KĐT 835B 8GB Head Filed 29/12949, Rage 76-Đf. FINANCE CODE, YOU ARE H UND TO MAKE PAYMENTS OF CERTAIN OCKET DAMAGES SUSTAINED BY BORROWERS CAUSED BY ACTS OF LICENSED RESIDENTIAL MORTGAGE LOAN ORIGINATORS. A WRITTEN APPLICATION FOR REIMBURSEMENT FROM THE RECOVERY FUND MUST BE FILED WITH AND INVESTIGATED BY THE DEPARTMENT PRIOR TO THE PAYMENT OF A CLAIM. FOR MORE INFORMATION ABOUT THE RECOVERY FUND. PLEASE CONSULT THE DEPARTMENT'S WEB SITE AT smlinfo@sml.texas.gov. Texas Atención Residentes de Texas: DE CONFORMIDAD CON LOS REQUISITOS DE LA SECCION 157.007 DE LA LEY HIPOTECARIA DE BANQUERO DE TEXAS, CAPITULO 157, CODIGO DE FINANZAS DE TEXAS, LE INFORMAMOS DE LO SIGUIENTE: EL DEPARTAMENTO MANTIENE UN FONDO DE RECUPERACIÓN PARA REALIZAR LOS PAGOS DE CIERTOS DAÑOS REAL DE BOLSILLO SOSTENIDOS POR LOS PRESTATARIOS CAUSADOS POR ACTOS DE UN ORIGINADOR LICENCIADO DE PRESTAMOS HIPOTECARIOS RESIDENCIALES. UNA SOLICITUD ESCRITA PARA REEMBOLSO DEL FONDO DE RECUPERACION NECESITA SER PRESENTADA E INVESTIGADA POR EL DEPARTAMENTO ANTES DEL PAGO DE UNA RECLAMACION. PARA OBTENER MÁS INFORMACIÓN SOBRE EL FONDO DE RECUPERACION, CONSULTE AL SITIO WEB DEL DEPARTAMENTO EN WWW.SML.TEXAS.GOV. Case 5:19-CV-00704-FB-ESC Document 20-1 Filed 09/20/19 pakelbbint LIYAH P.O. BOX 51850 LIVONIA MI 48151-5850 RETURN SERVICE REQUESTED Mortgage Servicing Phone Number: 866-825-2174 Fax: 866-467-1187 Email: Lossmitigation@shellpointmtg.com Mon - Thurs: 8:00AM-6:00PM Fri: 8:00AM-5:00PM ԼՈՆIIIդրվելԿոկլIIII"llllllllll: S-SFRECS20 L-1045 R-106 P8F3GS00300896 - 548003677 103467 FELIX R SUAREZ PO BOX 5251 SAN ANTONIO TX 78201-0251 Loan Number: Principal Balance: $46,331.50 Property: 1252 CLOWER STREET SAN ANTONIO, TX 78201 06/04/2018 Dear Borrower(s): We entered into a temporary payment plan with the understanding that you would honor it. Because you have not paid as agreed the agreement is now null and void, and the benefits of this agreement are no longer available. Shellpoint Mortgage Servicing has also reviewed the information you provided for a number of other loan workout options including short sale, deeds-in-lieu, and settlements. Based on a careful review of the information you provided to us, unfortunately you are not eligible for mortgage payment assistance or other alternatives to foreclosure. We recognize that this may be disappointing news for you. If you have questions about this letter, please contact us at 866-825-2174. If you have questions about the evaluation of your mortgage for foreclosure alternatives, then please contact Udrieka Freeman at 866-913-0911. If your mortgage loan is reinstated and you subsequently experience a financial hardship, you may contact us to request reconsideration for mortgage payment assistance or other alternatives to foreclosure. Though you have been evaluated for all programs based on the information that you have provided, you may still be eligible for Foreclosure Alternatives such as a Short Sale or a Deed-in-Lieu. Please contact us at 866-825-2174 to discuss the documents and information necessary to further evaluate your loan for one of these programs. Sincerely, Loss Mitigation Department Shellpoint Mortgage Servicing SEE REVERSE SIDE OR ATTACHED FOR AN IMPORTANT STATEMENT OF YOUR RIGHTS. P 1000001 A-0578273022 002740102J0400 Filed 5:19-CN-00704 SG Document 20-1 9120 The federal E Opportunity Act proh creditors from discrimmatırfg against credit applicants asis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is: Federal Trade Commission, Equal Credit Opportunity, 600 Pennsylvania Avenue, NW, Washington, DC 20580. Under federal law, you have the right to obtain a free copy of your credit report from Transunion LLC, the consumer reporting agency who provided us the credit report, within 60 days of this notice. Please read the following important notices as they may affect your rights. This is an attempt to collect a debt and any information obtained will be used for that purpose. This communication is from a debt collector. If you are a customer in bankruptcy or a customer who has received a bankruptcy discharge of this debt: please be advised that this notice is to advise you of the status of your mortgage loan. This notice constitutes neither a demand for payment nor a notice of personal liability to any recipient hereof, who might have received a discharge of such debt in accordance with applicable bankruptcy laws or who might be subject to the automatic stay of Section 362 of the United States Bankruptcy Code. However, it may be a notice of possible enforcement of the lien against the collateral property, which has not been discharged in your bankruptcy. Attention Servicemembers and Dependents: The federal Servicemembers Civil Relief Act and certain state laws provide important protections for you, including interest rate protections and prohibiting foreclosure under most circumstances during and twelve months after the servicemember's military or other service. Counselin ervice. Counseling for covered servicemembers is available from Military OneSource (800-342-9647) and the United States Armed Forces Legal Assistance or other similar agencies. For more information, please visit the Military OneSource website www.militaryonesource.mil/. Notice of Error or Information Request Address: You have certain rights under Federal law related to resolving errors in the servicing of your loan and requesting information about your loan. If you want to request information about your loan or if you believe an error has occurred in the servicing of your loan and would like to submit an Error Resolution or Informational Request, please write to us at the following address: Shellpoint Mortgage Servicing P.O. Box 10826 Greenville, SC 29603-0826 The following is a Spanish translation of the information provided above. Lea por favor las siguientes avisos importantes que puedan afectar sus derechos. Esto es un intento de cobrar una deuda y cualquier información obtenida se utilizará para ello. Esta comunicación es de un cobrador de deudas. Si usted es un cliente en situación de bancarrota o un cliente que ha recibido una descarga de bancarrota de la deuda: tenga en cuenta que este aviso es para informarle de la situación de su préstamo hipotecario. Este aviso no constituye una exigencia de pago ni un aviso de responsabilidad civil contra ninguno de los destinatarios de la presente notificación, que pudiese haber recibido un descargo de este tipo de deuda de conformidad con la legislación vigente sobre bancarrota o que pudiera ser objeto de suspensión automática en virtud de Sección 362 del Código de Bancarrota de los Estados Unidos. No obstante, puede ser una notificación de una posible aplicación de gravamen sobre la propiedad como garantía, que aún no ha sido descargada en su proceso de bancarrota. Atención Miembros del Servicio Militar y Dependientes: Ley de Amparo Civil para miembros del servicio militar y ciertas leyes estatales proporcionan protecciones importantes para usted, incluyendo protecciones de tasas de interés y prohibiendo la ejecución hipotecaria bajo la mayoría de las circunstancias durante y doce meses después del miembro del servicio militar u otro servicio. Asesoramiento para militares con cobertura está disponible de Military OneSource (800-342-9647) y la Asistencia Legal de las Fuerzas Armadas de Estados Unidos o de otras agencias similares. Para más información por favor visite el sitio web de Military OneSource www.militaryonesource.mil/. Aviso de Error o la Dirección de Petición de Información Usted tiene ciertos derechos en virtud de la ley federal relacionados con la resolución de errores en el servicio de su préstamo y la solicitud de información sobre su préstamo. Si desea solicitar información sobre su préstamo o si usted cree que un error ha ocurrido en el servicio de su préstamo y desea presentar una resolución de errores o solicitud de información, por favor escríbanos a la siguiente dirección: Shellpoint Mortgage Servicing P.O. Box 10826 Greenville, SC 29603-0826 The following is a Chinese translation of the information provided above. 请阅读以下重要通知,因为它们可能会影响您的权利。 这是试图进行收债的一种尝试,所获取的任何信息均会用于收债目的。此信函由收债人发出。 Wzg, E l Filte me te: YB, XU EK PHIPHÚTRA. AI 7th xfut 14 #TEMEK, IPARHEEN WE ET * HA, E AJRE (El Wit DV. 362 THE N 的付款要求或个人责任通知。但是,此通知可能会执行针对抵押财产的留置权,该权利尚未被您的破产所免除。 E XIBE,: ## (ENGERE) #MED HJELA, DHEERENA X EXUŽUDI&T=1 B ATHF*** FOIETTA Atl. Military OneSource (800-342- 19647) 和美国武装部队法律援助部门(United States Armed Forces Legal Assistance) 或其他类似机构会为接受医疗服务的服役 人员提供咨询服务。如需更多信息,请访问 Military OneSource 网站:www.militaryonesource.mil/。 P8F3GS00300896 1003469 S-SFRECS20 L-1045 A-0578273022 са NA DV AN 错误或信息请求通知函,根据联邦法律,您拥有某些关于解决您的贷款还本付息业务中的错误以及索取有关您贷款信息 9cVQOZOX-EBIS ocument 20-1 filed 09/20/19 79 042266# WEHJUL 可总业务中出现错访 ER EX "T ", Sl Fl], B E T: Shellpoint Mortgage Servicing P.O. Box 10826 Greenville, SC 29603-0826 If you prefer to receive communication in a language other than English, Spanish, or Chinese, please contact us at 866-825-2174 to speak with a translator in your preferred language about the servicing of your loan or a document you received. Texas Attention Texas Residents: PURSUANT TO THE REQUIREMENTS OF SECTION 157.007 OF THE TEXAS MORTGAGE BANKER ACT, CHAPTER 157, TEXAS FINANCE CODE, YOU ARE HEREBY NOTIFIED OF THE FOLLOWING: THE DEPARTMENT MAINTAINS A RECOVERY FUND TO MAKE PAYMENTS OF CERTAIN ACTUAL OUT OF POCKET DAMAGES SUSTAINED BY BORROWERS CAUSED BY ACTS OF LICENSED RESIDENTIAL MORTGAGE LOAN ORIGINATORS. A WRITTEN APPLICATION FOR REIMBURSEMENT FROM THE RECOVERY FUND MUST BE FILED WITH AND INVESTIGATED BY THE DEPARTMENT PRIOR TO THE PAYMENT OF A CLAIM. FOR MORE INFORMATION ABOUT THE RECOVERY FUND. PLEASE CONSULT THE DEPARTMENT'S WEB SITE AT smlinfo@sml.texas.gov. Texas Atención Residentes de Texas: DE CONFORMIDAD CON LOS REQUISITOS DE LA SECCIÓN 157.007 DE LA LEY HIPOTECARIA DE BANQUERO DE TEXAS, CAPITULO 157, CODIGO DE FINANZAS DE TEXAS, LE INFORMAMOS DE LO SIGUIENTE: EL DEPARTAMENTO MANTIENE UN FONDO DE RECUPERACION PARA REALIZAR LOS PAGOS DE CIERTOS DAÑOS REAL DE BOLSILLO SOSTENIDOS POR LOS PRESTATARIOS CAUSADOS POR ACTOS DE UN ORIGINADOR LICENCIADO DE PRESTAMOS HIPOTECARIOS RESIDENCIALES. UNA SOLICITUD ESCRITA PARA REEMBOLSO DEL FONDO DE RECUPERACION NECESITA SER PRESENTADA E INVESTIGADA POR EL DEPARTAMENTO ANTES DEL PAGO DE UNA RECLAMACION. PARA OBTENER MÁS INFORMACION SOBRE EL FONDO DE RECUPERACION, CONSULTE AL SITIO WEB DEL DEPARTAMENTO EN WWW.SML.TEXAS.GOV. 26 EXHIBIT A-9 26 Mackie Wolf Zientz & Mann, P.C. PO Box 9077 Temecula, CA 92589-9077 PRESORT First-Class Mail U.S. Postage and Fees Paid WSO 9307 1100 1170 0963 1039 58 20180629-89 M IDI FELIX ROBERT SUAREZ PO BOX 5251 SAN ANTONIO, TX 78201-0251 Send Correspondence to: Mackie Wolf Zientz & Mann, P.C. 14160 North Dallas Parkway Suite 900 Dallas, TX 75254 ACC4 Case 5:19-cv-00704-FB-ESC Document 20-1 Filed 09/201910Page-82 of 126 MACKIE WOLF ZIENTZ & MANN, P.C. ATIORNEYS AT LAW PHONE (214) 635-2650 Fax (214) 635-2686 PARKWAY OFFICE CENTER, SUITE 900 14160 NORTH DALLAS PARKWAY DALLAS, TEXAS 75254 *PLEASE RESPOND TO DALLAS OFFICE UNION PLAZA 124 WEST CAPITOL, SUITE 1560 LITTLE ROCK, ARKANSAS 72201 18-000111-505 June 29, 2018 CERT MAIL FELIX ROBERT SUAREZ PO BOX 5251 SAN ANTONIO, TX 78201 RE: LOAN No. XXXXXX3022 MWZM No. 18-000111-505 NOTICE OF ACCELERATION OF LOAN MATURITY Dear FELIX ROBERT SUAREZ, We have been retained by SHELLPOINT MORTGAGE SERVICING, Mortgage Servicer for U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE OF CVI LCF MORTGAGE LOAN TRUST I, the current Mortgagee of the Note and Deed of Trust related to the above referenced loan. A servicing agreement between the Mortgagee, whose address is: U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE OF CVI LCF MORTGAGE LOAN TRUST I C/O SHELLPOINT MORTGAGE SERVICING 2020 S. DAIRY ASHFORD #200 HOUSTON, TX 77077 and the Mortgage Servicer authorizes the Mortgage Servicer to collect the debt. We have been employed by our client to represent it in collecting the indebtedness and enforcing the Deed of Trust. A default occurred under the terms of the Note. Notification was sent that default had occurred in the payment of the Note and that SHELLPOINT MORTGAGE SERVICING would accelerate the maturity of the Note if you did not cure the default. Because of your failure to cure the default, the maturity date of the Note was accelerated effective 06/29/2018. All unpaid principal and accrued interest on the Note are due and payable at this time. According to the Mortgage Servicer's records, the total balance due as of the date of this notice is $52,901.60. As a result of accrued interest and other charges, the total balance due may be greater on the date of your payment and an adjustment may be required to fully pay off the loan, You may obtain the precise. amout due by contacting this firm at (214) 635-2650. Payment must be made by cashier's check, certified check or money orders. Federal law allows you to dispute the validity of the debt, or any portion thereof, within thirty days (30) after receipt of this notice. If you do not, the debt will be assumed valid by the firm. If you notify the firm in writing within thirty days of receipt of this letter that the debt or any portion of the debt is disputed, the firm will obtain verification of the debt and will mail a copy of the verification to you. On your written request, within the thirty-day period for verification, the firm will provide you with the name and address of the original creditor. Additionally, all obligors and guarantors liave the right to bring a court action to assert the non-existence of a default or any other defense to acceleration and foreclosure. If this debt has been discharged in bankruptcy or you are not obligated on this debt, the Mortgage Servicer is not attempting to collect this debt from you personally. ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES, IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MILITARY DUTY, INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR THE NATIONAL GUARD OF ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES. PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT THE DEBT AND ANY INFORMATION OBTAINED BY IT WILL BE USED FOR THAT PURPOSE. Sincerely yours, Mamini Sil Mackie Wolf Zientz & Mann, P.C. 26 Mackie Wolf Zientz & Mann, P.C. PO Box 9077 Temecula, CA 92589-9077 PRESORT First-Class Mail U.S. Postage and Fees Paid WSO 9307 1100 1170 0963 1039 41 20180629-89 M wlbum FELIX ROBERT SUAREZ 1252 CLOWER ST. SAN ANTONIO, TX 78201 Send Correspondence to: Mackie Wolf Zientz & Mann, P.C. 14160 North Dallas Parkway Suite 900 Dallas, TX 75254 ACC4 Case 5:19-cv-00704-FB-ESC Document 20-1 Filed 09/201910Page-84 of 126 MACKIE WOLF ZIENTZ & MANN, P.C. ATIORNEYS AT LAW PHONE (214) 635-2650 Fax (214) 635-2686 PARKWAY OFFICE CENTER, SUITE 900 14160 NORTH DALLAS PARKWAY DALLAS, TEXAS 75254 *PLEASE RESPOND TO DALLAS OFFICE UNION PLAZA 124 WEST CAPITOL, SUITE 1560 LITTLE ROCK, ARKANSAS 72201 18-000111-505 June 29, 2018 CERT MAIL FELIX ROBERT SUAREZ 1252 CLOWER ST. SAN ANTONIO, TX 78201 RE: LOAN No. XXXXXX3022 MWZM No. 18-000111-505 NOTICE OF ACCELERATION OF LOAN MATURITY Dear FELIX ROBERT SUAREZ, We have been retained by SHELLPOINT MORTGAGE SERVICING, Mortgage Servicer for U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE OF CVI LCF MORTGAGE LOAN TRUST I, the current Mortgagee of the Note and Deed of Trust related to the above referenced loan. A servicing agreement between the Mortgagee, whose address is: U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE OF CVI LCF MORTGAGE LOAN TRUST I C/O SHELLPOINT MORTGAGE SERVICING 2020 S. DAIRY ASHFORD #200 HOUSTON, TX 77077 and the Mortgage Servicer authorizes the Mortgage Servicer to collect the debt. We have been employed by our client to represent it in collecting the indebtedness and enforcing the Deed of Trust. A default occurred under the terms of the Note. Notification was sent that default had occurred in the payment of the Note and that SHELLPOINT MORTGAGE SERVICING would accelerate the maturity of the Note if you did not cure the default. Because of your failure to cure the default, the maturity date of the Note was accelerated effective 06/29/2018. All unpaid principal and accrued interest on the Note are due and payable at this time. According to the Mortgage Servicer's records, the total balance due as of the date of this notice is $52,901.60. As a result of accrued interest and other charges, the total balance due may be greater on the date of your payment and an adjustment may be required to fully pay off the loan, You may obtain the precise amout due by contacting this firm at (214) 635-2650. Payment must be made by cashier's check, certified check or money orders. Federal law allows you to dispute the validity of the debt, or any portion thereof, within thirty days (30) after receipt of this notice. If you do not, the debt will be assumed valid by the firm. If you notify the firm in writing within thirty days of receipt of this letter that the debt or any portion of the debt is disputed, the firm will obtain verification of the debt and will mail a copy of the verification to you. On your written request, within the thirty-day period for verification, the firm will provide you with the name and address of the original creditor. Additionally, all obligors and guarantors liave the right to bring a court action to assert the non-existence of a default or any other defense to acceleration and foreclosure. If this debt has been discharged in bankruptcy or you are not obligated on this debt, the Mortgage Servicer is not attempting to collect this debt from you personally. ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES, IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MILITARY DUTY, INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR THE NATIONAL GUARD OF ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES. PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY. THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT THE DEBT AND ANY INFORMATION OBTAINED BY IT WILL BE USED FOR THAT PURPOSE. Sincerely yours, Mamini Sil Mackie Wolf Zientz & Mann, P.C. 26 EXHIBIT A-10 26 Mackie Wolf Zientz & Mann, P.C. PO Box 9077 Temecula, CA 92589-9077 PRESORT First-Class Mail U.S. Postage and Fees Paid WSO 9307 1100 1170 0998 3998 83 Send Correspondence to: Mackie Wolf Zientz & Mann, P.C. 14160 North Dallas Parkway Suite 900 Dallas, TX 75254 20190506-89 B ILUMINUTE FELIX ROBERT SUAREZ 1341 W MOCKINGBIRD LN STE 600W DALLAS, TX 75247-6904 REPOST1 26, 369883 MACKIE WOLF ZIENTZ & MANN, P.C. ATTORNEYS AT LAW PHONE (214) 635-2650 FAX(214) 635-2686 PARKWAY OFFICE CENTER, SUITE 900 14160 NORTH DALLAS PARKWAY DALLAS, Texas 75254 * PLEASE RESPOND TO DALLAS OFFICE UNION PLAZA 124 WEST CAPITOL, SUITE. 1560 LITTLE ROCK, ARKANSAS 72201 18-000111-505-1 May 6, 2019 CERT MAIL FELIX ROBERT SUAREZ CO ROBERT CLARENCE NEWARK III NEWARK LAW OFFICES 1341 W. MOCKINGBIRD LANE STE 600W DALLAS, TX 75247 RE; LOAN NO, XXXXXX3022 MWZM No. 18-000111-505-1 NOTICE OF REPOSTING AND SALE Dear FELIX ROBERT SUAREZ, We have been retained by SHELLPOINT MORTGAGE SERVICING, Mortgage Servicer for U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE OF CVI LCF MORTGAGE LOAN TRUST I, the current Mortgagee of the Note and Deed of Trust related to the above referenced loan. A servicing agreement between the Mortgagee, whose address is: U.S. BANK TRUST, NATIONAL ASSOCIATION, AS TRUSTEE OF CVI LCF MORTGAGE LOAN TRUST I C/O SHELLPOINT MORTGAGE SERVICING 2020 S. DAIRY ASHFORD #200 HOUSTON, TX 77077 and the Mortgage Servicer authorizes the Mortgage Servicer to collect the debt. We have been employed by our client to represent it in collecting the indebtedness and enforcing the Deed of Trust. Because of your failure to cure the default, the maturity date of the Note was previously accelerated. All unpaid principal and accrued interest on the Note remain due and payable at this time. You may obtain the precise amount to pay off the loan and prevent foreclosure by contacting this firm at (214) 635-2650. Payment must be made by cashier's check, certified check or money orders. Ou 06/04/2019 the Trustee or Substitute Trustee will sell to the highest cash bidder, the property legally described in the enclosed Notice of Foreclosure Sale. The sale will occur at the Bexar County Courthouse in the arca designated by the Bexar County Commissioner's Court, or if no such area has been designated by the Commissioner's Court then in the usual and customary location in that County. We have enclosed a copy of the Notice of Foreclosure Sale, which is being posted at the Bexar County Courthouse in accordance with Texas law and the provisions of the Deed of Trust. All obligors and guarantors have the right to bring a court action to assert the non-existence of a default or any other defense to acceleration and foreclosure. If this debt has been discharged in bankruptcy or you are not obligated on this debt, the Mortgage Servicer is not attempting to collect this debt from you personally. ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES. IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MILITARY DUTY, INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR THE NATIONAL CUARD OF ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED 26 FORCES OF THE UNITED STATES.. PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY. THIS FIRM IS. A DEBT. COLLECTOR ATTEMPTING TO COLLECT THE DEBT AND ANY INFORMATION OBTAINED BY IT WILL BE USED FOR THAT PURPOSE. Sincerely yours, Mackie Wolf Zientz & Mann, P.C. Enclosed: Notice of Foreclosure Sale 26 NOTICE OF FORECLOSURE SALE ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES. IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MILITARY DUTY, INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR THE NATIONAL GUARD OR ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES, PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY. 1. Property to Be Sold. the property to be sold is described as follows: LOT TWO (2), BLOCK ONE HUNDRED ONE (101) LOS ANGELES HEIGHTS ADDITION, NEW CITY BLOCK SEVENTY-ONE HUNDRED. SIXTY-FOUR (7164) RECORDED IN VOLUME 105, PAGE 84 OF BEXAR COUNTY DEED AND PLAT RECORDS. 2.. Instrument to be Foreclosed. The instrument to be foreclosed is the Deed of Trust dated. 08/28/2002 and recorded in Book 9561 Page 306 Document 20020414535 real property records of Bexar County, Texas. 3. Date, Time, and Place of Sale. The sale is scheduled to be held at the following date, time, and place: Date: 06/04/2019 Time: 10:00 AM Place: Bexar County Courthouse, Texas at the following location: THE AREA LOCATED OUTSIDE ON THE WEST SIDE OF THE BEXAR COUNTY COURTHOUSE WHICH IS NEAR THE INTERSECTION OF EAST. NUEVA STREET AND THE CLOSED PORTION OF SOUTH MAIN AVENUE AND IS ACCESSIBLE TO THE PUBLIC AS THE COURTHOUSE'S WEST AND SOUTH ENTRANCES OR AS DESIGNATED BY THE COUNTY COMMISSIONER'S OFFICE OF BEXAR COUNTY or as designated by the County Commissioners Court. 4. Terms of Sale. The sale will be conducted as a public auction to the highest bidder for cash. Pursuant to the deed of trust, the mortgagee has the right to direct the Trustee to sell the property in one or more parcels and/or to sell all or only part of the property. Pursuant to section 51.009. of the Texas Property Code, the property will be sold in AS. IS, WHERE IS condition, without any express or implied warranties, except as to the warranties of title, if any, provided for under the deed of trust.. 5. Obligations Secured. The Deed of Trust executed by FELIX ROBERT SUAREZ, provides that it secures the payment of the indebtedness in the original. principal amount of $54,600.00, and obligations therein described including but not limited to (a) the promissory note; and (b) all renewals and extensions of the note. U.S. Bank Trust National Association, as Trustee of CVI LCF Mortgage Loan Trust I is the current mortgagee of the note and deed of trust and SHELLPOINT MORTGAGE SERVICING is mortgage servicer. A servicing agreement between the mortgagee, whose address is U.S. Bank Trust National Association, as Trustee of CVI LCF Mortgage Loan Trust I clo SHELLPOINT MORTGAGE SERVICING, 2020 S. Dairy Ashford #200, Houston, TX 77077 and the mortgage servicer and Texas Property Code $. 51.0025 authorizes the mortgage servicer to collect the debt. 6. Substitute Trustee(s) Appointed to Conduct Sale. In accordance with Texas Property Code Sec. 51.0076, the undersigned attorney for the mortgage servicer has named and appointed, and by these presents does name and appoint ROB VALDESPINO, BRENDA ROLON, OLIVIA VALDESPINO, MARTIN VALDESPINO, WES WEBB, WES HIATT OR MICHAEL W. ZIENTZ, Substitute Trustee to act under and by virtue of said Deed of Trust. THIS INSTRUMENT APPOINTS. THE SUBSTITUTE TRUSTEE(S). IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT. IDENTIFIED IN THIS NOTICE OF SALE. THE PERSON SIGNING. THIS. NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT. OF THE MORTGAGEE OR MORTGAGE SERVICER. 18-000111-505-111. 1252 CLOWER ST., SAN ANTONIO, TX 78201 26 Mackie Wolf Zientz & Mann, P.C. Brandon Wolf, Attorney at Law L. Keller Mackie, Attorney at Law Lori Liane Long, Attorney at Law Chelsea Schneider, Attorney at Law Ester Gonzales, Attorney at Law Parkway Office Center, Suite 900 14160 North Dallas Parkway Dallas, TX 75254 ROB VALDESPINO, BRENDA ROLON, OLIVIA VALDESPINO. MARTIN VALDESPINO, WES WEBB, WES HIATT OR MICHAEL W. ZIENTZ c'o AVT Title Services, LLC 5177 Richmond Avenue Suite 1230 Houston, TX 77056 Certificate of Posting I am whose address is clo AVT Title Services, LLC, 1101. Ridge Rd., Suite 222, Rockwall, TX 75087. I declare under penalty of perjury that on I filed this Notice of Foreclosure Sale at the office of the Bexar County Clerk and caused it to be posted at the location directed by the Bexar County Commissioners Court. 18-000111-505-1.17. 1252. CLOWER ST., SAN ANTONIO, TX 78201 26 Loan Number: ADJUSTABLE RATE NOTE (LIBOR Index - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. August 28, 2002 Date Orange City CA State 1252 CLOWER ST., SAN ANTONIO, TX 78201 (Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 54,600.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is Ameriquest Mortgage Company. 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 11.699 %. The interest rate will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the first day of each month beginning on October 1, 2002 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. My monthly payments will be applied to interest before principal if, on September 1, 2032, 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 payments at: 505 City Parkway West, Suite 100 Orange, CA 92868 or at a different place if required by the Note Holder (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 549.01. This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4, INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of September, 2004, and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date. (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the date 45 days before the Change Date is called the "Current Index." If at any point in time the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding seven and one-eighti percentage point(s) (7.125%) to the Current Index. The Note Holder will then rou: d the result of this addition to the nearest one-eighth of one percent (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Malurity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. initials 1 of 3 08/27/2002 3:37:19 PM 201-1TX (Rev. 2011 26 (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 13.699 % or less than 11.699 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point(s) (1.000%) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 17.699 %, which is called the "Maximum Rate" or less than 11.699%, which is called the "Minimum Rate". (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I may prepay the principal balance of this loan at anytime, in full or in part, without the imposition of a prepayment penalty by the lender. 6. LOAN CHARGES AND FEES If a law, which applies to this loan and which sets maximum interest, loan charges or fees, is finally interpreted so that the interest, loan charges or fees collected or to be collected in connection with this loan exceed the permitted limits, or a determination is made at any time by the Note Holder that interest, loan charges or fees collected or to be collected in connection with this loan exceed the permitted limit, then: (i) any such interest, loan charges or fees shall be reduced by the amount necessary to reduce the interest, loan charges or fees to the permitted limit; and (ii) 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 I owe under this Note or by making a direct payment to me. If a refund reduces the principal, the reduction will be treated as a partial prepayment. My acceptance of any such refund will constitute a waiver of any right of action I might have arising out of such overcharge. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 6.000% 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 by certified mail 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 I owe on that amount. The date must be at least 30 days after the date on which the notice is deposited in the United States mail, postage prepaid and addressed to me at my last known address as shown by the records of the Note Holder. (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. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if 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 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 notice of that different address 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. Initials: 2 of 3 08/27/2002 3:37:19 PM 201-2TX (Rev. 901) 26 Mackie Wolf Zientz & Mann, P.C. PO Box 9077 Temecula, CA 92589-9077 PRESORT First-Class Mail U.S. Postage and Fees Paid WSO 9307 1100 1170 0998 3998 76 Send Correspondence to: Mackie Wolf Zientz & Mann, P.C. 14160 North Dallas Parkway Suite 900 Dallas, TX 75254 20190506-89 Worthinuhuhelimili Robert Clarence Newark, III Newark Law Offices 1341 W MOCKINGBIRD LN STE 600W DALLAS, TX 75247-6904 REPOST1 26, 309855 MACKIE WOLF ZIENTZ & MANN, P.C. ATTORNEYS AT LAW PHONE (214) 635-2650. FAX (214) 635-2686 PARKWAY OFFICE CENTER, SUITE 900 14160 NORTH DALLAS PARKWAY DALLAS, Texas 75254 * PLEASE RESPOND TO DALLAS OFFICE UNION PLAZA 124 WEST. CAPITOL, SUITE. 1560 LITTLE ROCK, ARKANSAS 72201 18-000111-505-1 May 6, 2019 CERT MAIL ROBERT CLARENCE NEWARK, III NEWARK LAW OFFICES 1341 W. MOCKINGBIRD LANE STE 600W DALLAS, TX 75246 RE: PROPERTY: 1252 CLOWER ST., SAN ANTONIO, TX 78201 MWZM No.: 18-000111-505-1 NOTICE OF REPOSTING AND SALE Dear ROBERT CLARENCE NEWARK, III NEWARK LAW OFFICES, We have been retained by SHELLPOINT MORTGAGE SERVICING, Mortgage Servicer for U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE OF CVI LCF MORTGAGE LOAN TRUST I, the current Mortgagec of a Note and Deed of Trust related to the above referenced loan. A servicing agreement between the Mortgagee, whose address is: U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE OF CVI LCF MORTGAGE LOAN TRUST I C/O SHELLPOINT MORTGAGE SERVICING 2020 S. DAIRY ASHFORD #200 HOUSTON, TX 77077 and the Mortgage Servicer authorizes the Mortgage Servicer to collect the debt. We have been employed by our client to represent it in collecting the indebtedness and enforcing the Deed of Trust... We are sending this notice as you may bave an interest in the property. On 06/04/2019 the Trustee or Substitute Trustee will sell to the highest cash bidder, the property. legally described in the enclosed. Notice of Foreclosure Sale.. The sale will occur. at the Bexar. County. Courthouse in the area designated by the Bexar County Commissioner's Court, or if no such area has been designated by the Commissioner's Court then in the usual and customary location in that County, We have enclosed a copy of the Notice of Foreclosure Sale, which is being posted at the Bexar. County Courthouse in accordance with Texas law and the provisions of the Deed of Trust. ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES. IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MILITARY DUTY, INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR THE NATIONAL GUARD OF ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES. PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY. Sincerely yours, Mackie Wolf Zientz & Mann, P.C. Enclosed: Notice of Foreclosure Sale 26 NOTICE OF FORECLOSURE SALE ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES. IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MILITARY DUTY, INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR THE NATIONAL GUARD OR ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES, PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY, 1. Property to Be Sold. the property to be sold is described as follows: LOT TWO.(2), BLOCK ONE HUNDRED ONE (101) LOS ANGELES HEIGHTS ADDITION, NEW CITY BLOCK SEVENTY-ONE HUNDRED SIXTY- FOUR (7164) RECORDED IN VOLUME 105. PAGE 84 OF BEXAR COUNTY DEED AND PLAT RECORDS. 2. Instrument to be Foreclosed. recorded in Book 9561 Page 306 The instrument to be foreclosed is the Deed of Trust. dated 08/28/2002 and Document 20020414535 real property records of Bexar County, Texas. 3. Date, Time, and Place of Sale. The sale is scheduled to be held at the following date, time, and place: Date: 06/04/2019 Time: 10:00 AM Place: Bexar County Courthouse, Texas at the following location: THE AREA LOCATED OUTSIDE ON THE WEST SIDE OF THE BEXAR COUNTY COURTHOUSE WHICH IS NEAR THE INTERSECTION OF EAST NUEVA STREET AND THE CLOSED PORTION OF SOUTH MAIN AVENUE AND IS ACCESSIBLE TO THE PUBLIC. AS THE COURTHOUSE'S WEST. AND SOUTH ENTRANCES OR AS DESIGNATED BY THE COUNTY COMMISSIONER'S OFFICE OF BEXAR COUNTY or as designated by the County Commissioners Court, 4. Terms of Sale. The sale will be conducted as a public auction to the highest bidder for cash. Pursuant to the deed of trust, the mortgagee has the right to direct the Trustee to sell the property in one or more parcels, and/or to sell all or only part of the property. Pursuant to section $1.009 of the Texas Property Code, the property will be sold in AS IS, WHERE IS condition, without any express or implied warranties, except as to the warranties of title, if any, provided for under the deed of trust. 5. Obligations Secured. The Deed of Trust executed by FELIX ROBERT SUAREZ, provides that it secures the payinent of the indebtedness in the original principal amount of $54,600.00, and obligations therein described including but not limited to (a) the promissory note; and (b) all renewals and extensions of the note. U.S. Bank Trust National Association, as Trustee of CVI LCF Mortgage Loan Trust I is the current mortgagee of the note and deed of trust and SHELLPOINT MORTGAGE SERVICING is mortgage servicer. A servicing agreement between the mortgagee, whose address is U.S. Bank Trust National Association, as Trustee of CVI LCF Mortgage Loan Trust I c/o SHELLPOINT MORTGAGE SERVICING, 2020 S. Dairy Ashford #200, Houston, TX 77077 and the mortgage servicer and Texas Property Code $ 51.0025 authorizes the mortgage servicer to collect the debt. 6. Substitute Trustee(s) Appointed to Conduct Sale. In accordance with Texas Property Code Sec. 51.0076, the undersigned attorney for the mortgage servicer has named and appointed, and by these presents does name and appoint. ROB VALDESPINO, BRENDA ROLON, OLIVIA VALDESPINO, MARTIN VALDESPINO, WES WEBB, WES HIATT OR MICHAEL W. ZIENTZ, Substitute Trustee to act under and by virtue of said Deed of Trust. THIS INSTRUMENT APPOINTS THE SUBSTITUTE TRUSTEE(S) IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN THIS. NOTICE OF SALE. THE PERSON SIGNING THIS NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT. OF THE MORTGAGEE. OR MORTGAGE SERVICER. 18-000111-505-111. 1252 CLOWER ST., SAN ANTONIO, TX 78201 26 Mackie Wolf Zientz & Mann, P.C. Brandon Wolf, Attorney at Law L. Keller Mackie, Attorney at Law Lori. Liane Long, Attorney at Law Chelsea Schneider, Attorney at Law Ester Gonzales, Attorney at Law Parkway Office Center, Suite 900 14160 North Dallas Parkway Dallas, TX 75254 ROB VALDESPINO, BRENDA ROLON, OLIVIA VALDESPINO. MARTIN VALDESPINO, WES WEBB, WES HIATT OR MICHAEL W. ZIENTZ c'o AVT Title Services, LLC 5177 Richmond Avenue Suite 1230 Houston, TX 77056 Certificate of Posting I am whose address is clo AVT Title Services, LLC. 1101 Ridge Rd.. Suite 222. Rockwall, TX 75087. I declare under penalty of perjury that on I filed this Notice of Foreclosure Sale at the office of the Bexar County Clerk and caused it to be posted at the location directed by the Bexar County Commissioners Court. 18-000111-505-1.17. 1252 CLOWER ST., SAN ANTONIO, TX 78201 26 Mackie Wolf Zientz & Mann, P.C. PO Box 9077 Temecula, CA 92589-9077 PRESORT First-Class Mail U.S. Postage and Fees Paid WSO 9307 1100 1170 0998 3998 69 Send Correspondence to: Mackie Wolf Zientz & Mann, P.C. 14160 North Dallas Parkway Suite 900 Dallas, TX 75254 20190506-89 | Tipleri FELIX ROBERT SUAREZ PO BOX 5251 SAN ANTONIO, TX 78201-0251 REPOST1 268 2698 58 MACKIE WOLF ZIENTZ & MANN, P.C. ATTORNEYS AT LAW PHONE (214) 635-2650. FAX (214) 635-2686 PARKWAY. OFFICE CENTER, SUITE 900 14160 NORTH DALLAS PARKWAY DALLAS, Texas 75254 * PLEASE RESPOND TO DALLAS OFFICE UNION PLAZA 124 WEST. CAPITOL, SUITE 1560 LITTLE ROCK, ARKANSAS 72201 18-000111-505-1 May 6, 2019 CERT MAIL FELIX ROBERT SUAREZ PO BOX 5251 SAN ANTONIO, TX 78201 RE: LOAN No. XXXXXX3022 MWZM No. 18-000111-505-1 NOTICE OF REPOSTING AND SALE Dear FELIX ROBERT SUAREZ, We have been retained by SHELLPOINT MORTGAGE SERVICING, Mortgage Servicer for U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE OF CVI LCF MORTGAGE LOAN TRUST I, the current Mortgagee of the Note and Deed of Trust related to the above referenced loan. A servicing agreement between the Mortgagee, whose address is: U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE OF CVI LCF MORTGAGE LOAN TRUST I C/O SHELLPOINT MORTGAGE SERVICING 2020 S. DAIRY ASHFORD #200 HOUSTON, TX 77077 and the Mortgage Servicer authorizes the Mortgage Servicer to collect the debt. We have been employed by our client to represent it in collecting the indebtedness and enforcing the Deed of Trust. Because of your failure to cure the default, the maturity date of the Note was previously accelerated. All unpaid principal and accrued interest on the Note remain due and payable at this time.. You may obtain the precise amount to pay off the loan and prevent foreclosure by contacting this firm at (214) 635-2650. Payment must be made by cashier's check, certified check or money orders. On 06/04/2019 the Trustee or Substitute Trustee will sell to the highest cash bidder, the property legally described in the enclosed Notice of Foreclosure Sale. The sale will occur at the Bexar County Courthouse in the area designated by the. Bexar County Commissioner's Court, or if no such area has been designated by the Commissioner's Court then in the usual and customary location in that County. We have enclosed a copy of the Notice of Foreclosure Sale, which is being posted at the Bexar County Courthouse in accordance with Texas law and the provisions of the Deed of Trust. All obligors and guarantors have the right to bring a court action to assert the non-existence of a default or any other defense to acceleration and foreclosure. If this debt has been discharged in bankruptcy or you are not obligated on this debt, the Mortgage Servicer is not attempting to collect this debt from you personally. ASSERT AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES. IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MILITARY DUTY. INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR THE NATIONAL GUARD OF ANOTBER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES. PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY. 26 THIS. FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT THE DEBT AND ANY INFORMATION OBTAINED BY IT WILL BE USED FOR THAT PURPOSE. Sincerely yours, Mackie Wolf Zientz & Mann, P.C. Enclosed: Notice of Foreclosure Sale 26 NOTICE OF FORECLOSURE SALE ASSERT. AND PROTECT YOUR RIGHTS AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES. IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MILITARY DUTY, INCLUDING ACTIVE MILITARY DUTY AS A MEMBER OF THE TEXAS NATIONAL GUARD OR THE NATIONAL GUARD OR ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES, PLEASE SEND WRITTEN NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY. 1. Property to Be Sold. the property to be sold is described as follows: LOT TWO (2), BLOCK ONE HUNDRED ONE. (101) LOS ANGELES HEIGHTS ADDITION, NEW CITYBLOCK SEVENTY-ONE HUNDRED SIXTY-FOUR (7164) RECORDED IN VOLUME 105, PAGE 84 OF BEXAR COUNTY. DEED AND PLAT RECORDS. 2. Instrument to be Foreclosed. The instrument to be foreclosed is the Deed of Trust. dated. 08/28/2002 and recorded in Book 9561 Page 306 Document 20020414535 real property records of Bexar County, Texas. 3. Date, Time, and Place of Sale. The sale is scheduled to be held at the following date, time, and place: Date: 06/04/2019 Time: 10:00 AM Place: Bexar County Courthouse, Texas at the following location: THE AREA LOCATED OUTSIDE ON THE WEST SIDE OF THE BEXAR COUNTY COURTHOUSE WHICH IS NEAR THE INTERSECTION OF EAST NUEVA STREET. AND THE CLOSED PORTION OF SOUTH MAIN AVENUE AND IS ACCESSIBLE TO THE PUBLIC AS THE COURTHOUSE'S WEST AND SOUTH ENTRANCES, OR AS DESIGNATED BY THE COUNTY COMMISSIONER'S OFFICE OF BEXAR COUNTY or as designated by the County Commissioners Court. 4. Terms of Sale. The sale will be conducted as a public auction to the highest bidder for cash. Pursuant to the deed of trust, the mortgagee has the right to direct the Trustee to sell the property in one or more parcels and/or to sell all or only part of the property. Pursuant to section 51.009. of the Texas Property Code, the property will be sold in AS. IS, WHERE IS condition, without any express or implied warranties, except as to the warranties of title, if any, provided for under the deed of trust.. 5. Obligations Secured. The Deed of Trust executed by FELIX ROBERT SUAREZ, provides that it secures the payment of the indebtedness in the original principal amount of $54,600.00, and obligations therein described including but not limited to (a) the promissory note; and (b) all renewals and extensions of the note. U.S. Bank Trust National Association, as Trustee of CVI LCF Mortgage Loan Trust I is the current mortgagee of the note and deed of trust and SHELLPOINT MORTGAGE SERVICING is mortgage servicer. A servicing agreement between the mortgagee, whose address is U.S. Bank Trust National Association, as Trustee of CVI LCF Mortgage Loan Trust I clo SHELLPOINT MORTGAGE SERVICING, 2020 S. Dairy Ashford #200, Houston, TX 77077 and the mortgage servicer and Texas Property Code $. 51.0025 authorizes the mortgage servicer to collect the debt. 6. Substitute Trustee(s) Appointed to Conduct Sale. In accordance with Texas Property Code Sec. 51.0076, the undersigned attorney for the mortgage servicer has named and appointed, and by these presents does name and appoint ROB VALDESPINO, BRENDA ROLON, OLIVIA VALDESPINO, MARTIN VALDESPINO, WES WEBB, WES HIATT OR MICHAEL W. ZIENTZ, Substitute Trustee to act under and by virtue of said Deed of Trust. THIS INSTRUMENT APPOINTS. THE SUBSTITUTE TRUSTEE(S). IDENTIFIED TO SELL THE PROPERTY DESCRIBED IN THE SECURITY INSTRUMENT IDENTIFIED IN THIS NOTICE OF SALE. THE PERSON SIGNING THIS NOTICE IS THE ATTORNEY OR AUTHORIZED AGENT. OF THE MORTGAGEE. OR MORTGAGE SERVICER. 18-000111-505-11.1252 CLOWER ST., SAN ANTONIO, TX 78201 26 Mackie Wolf Zientz & Mann, P.C. Brandon Wolf, Attorncy at Law L. Keller Mackie, Attorney at Law Lori Liane Long, Attorney at Law Chelsea Schneider. Attorney at Law Ester Gonzales, Attorney at Law Parkway Office Center, Suite 900 14160 North Dallas Parkway Dallas, TX 75254 ROB VALDESPINO, BRENDA ROLON, OLIVIA VALDESPINO. MARTIN VALDESPINO, WES WEBB, WES HIATT OR MICHAEL W. ZIENTZ c'o AVT Title Services, LLC 5177 Richmond Avenue Suite 1230 Houston, TX 77056 Certificate of Posting I am whose address is co AVT Title Services, LLC, 1101. Ridge Rd., Suite 222, Rockwall, TX 75087. I declare, under penalty of perjury that on. I filed this Notice of Foreclosure Sale at the office of the Bexar County Clerk and caused it to be posted at the location directed by the Bexar County Commissioners Court. 18-000111-505-1.17. 1252. CLOWER ST., SAN ANTONIO, TX 78201 26 Mackie Wolf Zientz & Mann, P.C. PO Box 9077 Temecula, CA 92589-9077 PRESORT First-Class Mail U.S. Postage and Fees Paid WSO 9307 1100 1170 0998 3998 52 Send Correspondence to: Mackie Wolf Zientz & Mann, P.C. 14160 North Dallas Parkway Suite 900 Dallas, TX 75254 20190506-89 u m nullpul FELIX ROBERT SUAREZ 1252 CLOWER ST. SAN ANTONIO, TX 78201 REPOST1