Coleman et al v. Wells Fargo Bank, National Association et alMOTION for Summary Judgment and Brief in SupportW.D. Tex.July 12, 2016DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT PAGE 1 OF 9 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVSION MARIA COLEMAN AND LOEL COLEMAN, Plaintiffs, v. WELLS FARGO BANK, NATIONAL ASSOCIATION, TRUSTEE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2006 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-FR3 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE2, et al., Defendants. § § § § § § § § § § § § § § § CIVIL ACTION NO. 1:16-cv-00404-LY DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT AND BRIEF IN SUPPORT Defendant/Counter Plaintiff Wells Fargo Bank, National Association, As Trustee Under Pooling and Servicing Agreement dated as of September 1, 2006 Securitized Asset Backed Receivables LLC Trust 2006-FR3 Mortgage Pass-Through Certificates, Series 2006-HE2 (“Wells Fargo” or “Defendant/Counter Plaintiff”) and Ocwen Loan Servicing, LLC (“Ocwen”) (together “Defendants”), file this their Motion for Summary Judgment and Brief in Support against Plaintiffs/Counter Defendants Maria Coleman and Loel Coleman ( “Plaintiffs/Counter Defendants” or the “Colemans”) and would respectfully show the Court as follows: I. SUMMARY OF ARGUMENT Defendants are entitled to Summary Judgment on all of the Colemans’ claims, and Wells Fargo is entitled to an order of judicial foreclosure. The Colemans failed to state any claim for quiet title or declaratory relief, and there is a clear chain of title to Wells Fargo. Moreover, the Colemans have defaulted on their obligations under the Note and Security Instrument, and Wells Fargo has established that it is entitled to an order allowing judicial foreclosure. Case 1:16-cv-00404-LY-ML Document 29 Filed 07/12/16 Page 1 of 9 DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT PAGE 2 OF 9 II. RELEVANT FACTS AND PROCEDURAL HISTORY Plaintiffs/Counter Defendants Maria Coleman and Loel Coleman filed their Original Petition on February 16, 2016 in Williamson County, Texas. See Compl. at 1. The Colemans did not formally or properly serve Defendants. Defendants later learned of the suit and removed it to this Court on March 23, 2016. Doc. No. 1. The Colemans attempt to bring a claim for quiet title regarding property located at 205 Cougar Avenue N, Cedar Park, Texas 78613 (the “Property”). The Colemans claim that “Defendants actions [sic] have put a cloud on plaintiffs’ title to said real estate,” because, they argue, Wells Fargo filed a suit for home equity foreclosure in 2015 after filing a home equity foreclosure suit in 2011, allegedly with a different date on the security interest. Compl. at 2-3. The Colemans are mistaken. On May 11, 2006, the Colemans executed a Texas Home Equity Security Instrument (the “Security Instrument”) on the Property. See Exhibit A, Security Instrument.1 On May 17, 2006, the original lender under the Security Instrument assigned the Security Instrument to Wells Fargo. See Exhibit B, Assignment of Security Instrument. Wells Fargo is the current mortgagee of the loan secured by the Security Instrument. Ocwen is its loan servicer. Wells Fargo filed a Home Equity Foreclosure Application on September 12, 2011, under Cause No. 11-979-C368 in Williamson County, Texas, seeking to foreclose pursuant to Texas Rule of Civil Procedure 736(1)(b) (the “2011 Application.”). A copy of the 2011 Application is 1 Wells Fargo requests that this Court take judicial notice of documents filed in the real property records of Williamson County, Texas, in particular the Security Instrument and Assignment. See Kingman Holdings, LLC v. IMortgage.com, Inc., 2015 U.S. Dist. LEXIS 35387, *6 (W.D. Tex. Mar. 20, 2015)(The court may also consider any documents attached to the complaint and any documents attached to the motion to dismiss that are central to the claim and referenced by the complaint); see also Lone Star Fund V (U.S.), L.P. v. Barclays Bank PLC, 594 F.3d 383, 387 (5th Cir. 2010). The district court may also take judicial notice of matters of public record. Funk v. Stryker Corp., 631 F.3d 777, 783 (5th Cir. 2011). Case 1:16-cv-00404-LY-ML Document 29 Filed 07/12/16 Page 2 of 9 DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT PAGE 3 OF 9 attached hereto as Exhibit C2. In the 2011 Application, the applicant was Wells Fargo Bank, National Association, Trustee Pooling and Servicing Agreement Dated As Of September 1, 2006 Securitized Asset Backed Receivables LLC Trust 2006-HE2 Mortgage Pass-Through Certificates, Series 2006-HE2. See Exhibit C. The 2011 Application was dismissed by Wells Fargo via a nonsuit. After the Colemans failed to cure the default, Wells Fargo filed an Application for an Expedited Order under Rule 736 on a Home Equity Loan on June 2, 2015 as Cause No. 15-0553- C277 in Williamson County, Texas (the “2015 Application”). In the 2015 Application, the applicant was Wells Fargo Bank, National Association, As Trustee Under Pooling and Servicing Agreement Dated As Of September 1, 2006 Securitized Asset Backed Receivables LLC Trust 2006-HE2 Mortgage Pass Through Certificates, Series 2006-HE2. See Exhibit D, 2015 Application. The only difference in the name of the applicant between the 2011 and 2015 Applications are the words “as [trustee] under” before the “pooling and servicing agreement” language. More than likely, this was an omission, but certainly does not create a cloud on title, especially because the 2011 Application was non-suited. After removing to this Court, Defendants filed a Motion to Dismiss and Brief in Support (Doc. No. 5) and a Counterclaim for Judicial Foreclosure (Doc. No. 6), on March 24, 2016. The Colemans did not respond to either the Motion to Dismiss or the Counterclaim. The Colemans filed a Motion to Remand on April 25, 2016 (Doc. No. 18), which Defendants responded to on 2 Wells Fargo requests that this Court take judicial notice of the pleadings filed in the court records of Williamson County, specifically Cause No. 11-979-C368 and Cause No. 15-0553- C277. See Sepulvado v. Jindal, 739 F.3d 716, 719 (5th Cir. Dec. 23, 2013) (“We may take judicial notice of another court's judicial action. . . . [T]he fact that a judicial action was taken is indisputable and is therefore amenable to judicial notice…”). Moreover, Plaintiffs/Counter Defendants in this case reference these actions by their cause numbers in their complaint. See Compl. at 3. Case 1:16-cv-00404-LY-ML Document 29 Filed 07/12/16 Page 3 of 9 DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT PAGE 4 OF 9 April 28, 2016. Doc. No. 19. The Court held a hearing on pending matters on June 22, 2016, which the Colemans did not attend. Doc. Nos. 25, 27. Because this is a home equity loan and an order of foreclosure is required in order to proceed with foreclosure, Wells Fargo files this its Motion for Summary Judgment and respectfully asks this Court to grant it an order allowing foreclosure of the Property.3 III. ARGUMENT AND AUTHORITIES A. Applicable Legal Standard. Summary judgment is appropriate if, viewing all facts in the light most favorable to the non-moving party, there is no genuine dispute as to any material fact, and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a); Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S. Ct. 2548 (1986). The party seeking summary judgment bears the initial burden of “‘showing’—that is, pointing out to the district court—that there is an absence of evidence to support the nonmoving party’s case.” Celotex Corp., 477 U.S. at 325. “When the moving party has carried its burden [ ], its opponent must do more than simply show that there is some metaphysical doubt as to the material facts.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S. Ct. 1348 (1986) (citation omitted). “The non-moving party also may not rest upon its mere allegations or denials of the adverse party’s pleadings, but rather must set forth specific facts showing that there is a genuine issue for trial.” Id. B. Summary Judgment Should Be Granted On Wells Fargo’s Counter-Claim For Breach of Contract/Judicial Foreclosure. A debt now exists that is owed by Plaintiffs/Counter Defendants. The Security Instrument secures a valid lien on the Property. See Exhibit A, Security Instrument. Wells Fargo 3 Wells Fargo incorporates by reference the arguments made in its Motion to Dismiss (Doc. No. 5). Case 1:16-cv-00404-LY-ML Document 29 Filed 07/12/16 Page 4 of 9 DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT PAGE 5 OF 9 complied with its obligations under the Note and Security Instrument (collectively the “Loan”). Plaintiffs/Counter Defendants breached their obligations under the Loan by failing to make payments. As of May 6, 2015, the amount required to cure the default on the Loan was $37,612.72, and the amount required to pay off the Loan was $136,249.46. See Exhibit D at page3. That amount has increased over the past year. Plaintiffs/Counter Defendants Plaintiffs/Counter Defendants are in default for failure to make the payments required under the Loan when, and as, due. The requisite notices of demand to cure the default, intent to accelerate, and acceleration of the loan maturity of the debt have been given to all necessary parties in accordance with the Security Instrument, Section 51.002 of the Texas Property Code, and applicable law. See Exhibit D. As a result of Plaintiffs/Counter Defendants’ default, Wells Fargo has been damaged in the amount of the entire outstanding balance of the Loan, plus any and all other lawful charges that are secured by the Security Instrument. See Exhibit D. Wells Fargo seeks foreclosure of the lien created by the Security Instrument executed to secure Plaintiffs/Counter Defendants’ obligations under the Note. Wells Fargo seeks an order to sell the Property at a foreclosure sale. Pursuant to the terms of the Loan and Texas Rule of Civil Procedure 309, Wells Fargo seeks entry of an order and judgment against Plaintiffs/Counter Defendants providing for the foreclosure of the mortgage lien encumbering the Property, as evidenced by the Loan; awarding Wells Fargo its debt, damages, and costs; and further providing that the Property shall be sold at public auction in accordance with the requirements of Texas Property Code Chapter 51 in satisfaction of such judgment. All conditions precedent to Wells Fargo’s right to enforce the Loan and to obtain the relief requested herein have been performed or occurred. Wells Fargo is also entitled to its Case 1:16-cv-00404-LY-ML Document 29 Filed 07/12/16 Page 5 of 9 DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT PAGE 6 OF 9 reasonable and necessary attorney’s fees and costs in this action pursuant to the terms of the Loan, as well as pursuant to Texas Civil Practice and Remedies Code § 38.001(8). C. Summary Judgment Should Be Granted On The Colemans’ Claim For Quiet Title. A suit to quiet title, also known as a suit to remove cloud from title, "relies on the invalidity of the defendant's claim to property." Gordon v. West Houston Trees, Ltd., 352 S.W.3d 32, 42 (Tex. App. — Houston [1st Dist.] 2011, no pet.). Such a suit exists "to enable the holder of the feeblest equity to remove from his way to legal title any unlawful hindrance having the appearance of better right." Bell v. Ott, 606 S.W.2d 942, 952 (Tex. Civ. App. — Waco 1980, writ ref'd n.r.e.) (quoting Thomson v. Locke, 66 Tex. 383, 1 S.W. 112, 115 (1886)). In order to prevail on a claim to quiet title, a plaintiff must show that: (1) she has an interest in a specific property; (2) title to the property is affected by a claim by the defendant, and (3) the claim, although facially valid, is invalid or unenforceable. See U.S. Nat'l Bank Ass'n v. Johnson, No. 01-10-837- CV, 2011 Tex. App. LEXIS 10253, 2011 WL 6938507, at *3 (Tex. App. — Houston [1st Dist.] Dec. 30, 2011, no pet.) (citations omitted). In a suit to quiet title, a plaintiff "must allege right, title, or ownership in himself or herself with sufficient certainty to enable the court to see [that] he or she has a right of ownership that will warrant judicial interference." Wright v. Matthews, 26 S.W.3d 575, 578 (Tex. App. — Beaumont 2000, pet. denied). Plaintiffs must recover on the strength of their own title, not on the weakness of their adversary's title. See Fricks v. Hancock, 45 S.W.3d 322, 327 (Tex. App. — Corpus Christi 2001, no pet.); see also Smith v. Wells Fargo Bank, N.A., 2013 U.S. Dist. LEXIS 92053, *14-16 (N.D. Tex. June 6, 2013) (report and recommendation adopted); accord Svoboda v. Bank of Am., N.A., 964 F. Supp. 2d 659, 672 (W.D. Tex. 2013). Case 1:16-cv-00404-LY-ML Document 29 Filed 07/12/16 Page 6 of 9 DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT PAGE 7 OF 9 Here, the Colemans make no allegation regarding the strength of their own title, nor of the weakness of Wells Fargo’s title. As the real property and judicial records show, the Colemans have defaulted on their loan obligations under the Security Instrument, and Wells Fargo is entitled to foreclose. See Exhibits A-D. The Colemans’ bare bones allegations for quiet title are not sufficient, and Wells Fargo is entitled to summary judgment. D. Summary Judgment Should Be Granted On The Colemans’ Claim for Declaratory Relief. Under federal statute, federal courts have authority to grant declaratory relief so long as a justiciable controversy exists as to the rights of the parties and a declaration is capable of resolving the controversy. 28 U.S.C. § 2201; see Bauer v. Texas, 341 F.3d 352, 357—58 (5th Cir. 2003) (holding that the test for an "actual controversy" is nearly identical to the test for Article III standing). Because a declaratory judgment is "remedial in nature," where all of a plaintiff's causes of action are dismissed, a related declaratory judgment claim should also be dismissed. See, e.g., Williams v. Wells Fargo Bank, N.A., 560 F. App'x 233, 243 (5th Cir. 2014); see also Guajardo v. JP Morgan Chase Bank, N.A., 605 Fed. Appx. 240, 249-250 (5th Cir. Tex. 2015). Because the Colemans have failed to state a claim upon which relief can be granted, their claim for declaratory relief must also be dismissed. IV. CONCLUSION AND PRAYER WHEREFORE, PREMISES CONSIDERED, Defendant/Counter Plaintiff Wells Fargo Bank, National Association, As Trustee Under Pooling and Servicing Agreement dated as of September 1, 2006 Securitized Asset Backed Receivables LLC Trust 2006-FR3 Mortgage Pass- Through Certificates, Series 2006-HE2, prays that the Colemans take nothing by this suit, and that Wells Fargo go hence and recover costs in their behalf expended, as well as an order for judicial foreclosure, and other and future relief as to which they may be justly entitled. Wells Case 1:16-cv-00404-LY-ML Document 29 Filed 07/12/16 Page 7 of 9 DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT PAGE 8 OF 9 Fargo further requests that a judgment be rendered in favor of Wells Fargo including the following relief: a. an order to foreclose upon the lien evidenced by the Security Instrument and ordering the sale of the Property; b. its reasonable and necessary attorney’s fees, as allowed by law; c. interest accrued and accruing through the date of judgment as provided under the Loan. d. post-judgment interest on all such amounts as permitted by law from the date of judgment until satisfied at the rate allowed by law; and e. all such other relief, whether at law or in equity, to which Defendants may be justly entitled. Respectfully submitted, DYKEMA COX SMITH /s/ Brett W. Schouest Brett W. Schouest (17807700) bschouest@dykema.com DYKEMA COX SMITH Weston Centre 112 E. Pecan Street, Suite 1800 San Antonio, Texas 78205 Telephone: (210) 554-5500 Fax: (210) 226-8395 Gemma R. Galeoto (24061047) ggaleoto@dykema.com DYKEMA COX SMITH Comerica Bank Tower 1717 Main Street, Suite 4200 Dallas, Texas 75201 Telephone: (214) 462-6400 Fax: (214) 462-6401 Case 1:16-cv-00404-LY-ML Document 29 Filed 07/12/16 Page 8 of 9 DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT PAGE 9 OF 9 ATTORNEYS FOR DEFENDANTS WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2006 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006- FR3 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE2, AND OCWEN LOAN SERVICING, LLC CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing Defendants’ Motion for Summary Judgment and Brief in Support was delivered July 12, 2016, via first class mail to the below parties: Loel Coleman Attorney at Law 205 North Cougar Avenue Cedar Park, TX 78613 Maria Coleman 205 North Cougar Avenue Cedar Park, Texas 78613 /s/ Gemma R. Galeoto Gemma R. Galeoto Case 1:16-cv-00404-LY-ML Document 29 Filed 07/12/16 Page 9 of 9 EXHIBIT A Case 1:16-cv-00404-LY-ML Document 29-1 Filed 07/12/16 Page 1 of 26 St 2006042937 la PGS Return To: lamel Corp' rati 33 Drive, Ste I i e CA 92612 Please Return Fidelity National Title Company 9600 Great Hills Trail #150E Austin, TX 78759 GPI ii6 •g- 3( Prepared By: fiome123 Corporation 3351 Michelson Drive, Ste 400 Irvine, CA 92612 [Space Above This Line for Recording Datal THIS SECURITY INSTRUMENT SECURES AN EXTENSION OF CREDIT AS DEFINED BY SECTION 50(a)(6), ARTICLE XVI OF THE TEXAS CONSTITUTION. TEXAS HOME EQUITY SECURITY INSTRUMENT (First Lien) This Security Instrument is not intended to finance Borrower's acquisition of the Property. NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your social security number or your driver's license number. DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 10, 12, 17, 19, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 15. (A) "Security Instrument" means this document, which is dated May 11, 2 0 0 6 together with all Riders to this document. (B) "Borrower" is LOEL COLEMAN Borrower is the grantor under this Security Instrument. TEXAS HOME EQUITY SECURITY INSTRUMENT (First Lien)-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3044.1 1/91 Idlit -8036(TX) (0411).01 (rev. 10/03) Page of 18 Initials: ii—(2C.-- 44- C. • VMP Mortgage Solutions. In-n.1800)521-7291 Case 1:16-cv-00404-LY-ML Document 29-1 Filed 07/12/16 Page 2 of 26 (C) "Lender" is Home123 Corporation Lender is a Corporati on organized and existing under the laws of Cali forni a Lender's address is 3351 Michelson Drive, Ste 400, Irvine, CA 92612 Lender includes any holder of the Note who is entitled to receive payments under the Note. Lender is the beneficiary under this Security Instrument. (D) "Trustee" is El don L. Youngbl ood Trustee's address is 2711 North Haskell Avenue. Suite 2700 LB 25. Dallas, Texas 75204 (E) "Note" means the promissory note signed by Borrower and dated May 11, 2006 The Note states that Borrower owes Lender EIGHTY THOUSAND AND 00/100 Dollars (U.S. $ 80,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than 06/01/2036 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Extension of Credit" means the debt evidenced by the Note, as defined by Section 50(a)(6), Article XVI of the Texas Constitution and all the documents executed in connection with the debt. (H) "Riders" means all riders to this Security Instrument that are executed by Borrower. The following riders are to be executed by Borrower tcheck box as applicable): Texas Home Equity Condominium Rider I I Other: Texas Home Equity Planned Unit Development Rider (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) "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. CO-8036(TX) (041101 re 6 MC Page 2 of 18 Form 3044.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-1 Filed 07/12/16 Page 3 of 26 (0) "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 to a "federally related mortgage loan" even if the Extension of Credit does not qualify as a "federally related mortgage loan" under RESPA. (P) "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 Extension of Credit, and all extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described Property located in the County of Williamson [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] LOT 23, BLOCK 9. CEDAR PARK RANCHETTS, UNIT FOUR, A SUBDIVISION IN WILLIAMSON COUNTY. TEXAS, ACCORDING TO THE MAP OR PLAT RECORDED IN CABINET B. SLIDE 50, OF THE PLAT RECORDS OF WILLIAMSON COUNTY. TEXAS. Parcel ID Number: R034230 which currently has the address of 205 COUGAR AVENUE N [Street] Cedar Park [City], Texas 78613- [Zip Code) ("Property Address"): 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"; provided however, that the Property is limited to homestead property in accordance with Section 50(a)(6)(H), Article XVI of the Texas Constitution. M C:)-8036(TX) io411),01 Page 3 of 18 Form 3044.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-1 Filed 07/12/16 Page 4 of 26 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. Borrower and Lender covenant and agree as follows: I. Payment of Principal, Interest, Escrow Items, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. 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 14. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Extension of Credit current. Lender may accept any payment or partial payment insufficient to bring the Extension of Credit current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payment 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 Extension of Credit current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under 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 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. re8036(TX) loaf 11.01 Page 4 of t8 i Initlals t A C Form 3044.1 1/01 (rev. 10/00) Case 1:16-cv-00404-LY-ML Document 29-1 Filed 07/12/16 Page 5 of 26 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for; (a) taxes and assessments and other items which can 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; and (c) premiums for any and all insurance required by Lender under Section 5, These items are called "Escrow Items." At origination or at any time during the term of the Extension of Credit, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing, In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 14 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. kiet AACL ek-8036(TX) (0411).01 Page 5 of 18 Form 3044.1 1101 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-1 Filed 07/12/16 Page 6 of 26 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Extension of Credit. 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 Extension of Credit. 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 Extension of Credit, 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. tin C. tip-8036(TX) too 1).01 Pageant 15 Form 3044.1 1(01 (rev. 10/031 Case 1:16-cv-00404-LY-ML Document 29-1 Filed 07/12/16 Page 7 of 26 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. Pees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 21 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 now occupies and uses the Property as Borrower's Texas homestead and shall continue to occupy the Property as Borrower's Texas homestead for at least one year after the date of this Security Instrument, 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. Initiate/A AnC- ( t-80361TX) marmot Page 7 of 18 Form 3044.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-1 Filed 07/12/16 Page 8 of 26 8. Borrower's Loan Application. Borrower's actions shall constitute actual fraud under Section 50(a)(6)(c), Article XVI of the Texas Constitution and Borrower shall be in default and may be held personally liable for the debt evidenced by the Note and this Security Instrument 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 or any other action or inaction that is determined to be actual fraud. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as a Texas homestead, the representations and warranties contained in the Texas Home Equity Affidavit and Agreement, and the execution of an acknowledgment of fair market value of the property as described in Section 27. 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 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. No powers are granted by Borrower to Lender or Trustee that would violate provisions of the Texas Constitution applicable to Extensions of Credit as defined by Section 50(a)(6), Article XVI of the Texas Constitution or other Applicable Law. 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. 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 Initials:L-12'('" MC., Ct-80361TX) (0411).01 Page 8 of 18 Form 3044.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-1 Filed 07/12/16 Page 9 of 26 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 which is not commenced as a result of Borrower's default under other indebtedness not secured by a prior valid encumbrance against the homestead, 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 18, 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. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or et) -8036(TX) *4111.01 A_ Page 9 of 18 Form 3044.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-1 Filed 07/12/16 Page 10 of 26 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. 12. Joint and Several Liability; Security Instrument Execution; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any person who signs this Security Instrument, but does not execute the Note: (a) is signing this Security Instrument only to mortgage, grant and convey the person's interest in the Property under the terms of this Security Instrument and to comply with the requirements of Section 50(a)(6)(A), Article XVI of the Texas Constitution; (b) is not obligated to pay the sums secured by this Security Instrument and is not to be considered a guarantor or surety; (c) agrees that this Security Instrument establishes a voluntary lien on the homestead and constitutes the written agreement evidencing the consent of each owner and each owner's spouse; and (d) agrees that Lender and Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of the Note. Subject to the provisions of Section 17, 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 19) and benefit the successors and assigns of Lender. 13. Extension of Credit 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 Extension of Credit is subject to a law which sets maximum Extension of Credit charges, and that law is finally interpreted so that the interest or other Extension of Credit charges collected or to be collected in connection with the Extension of Credit exceed the permitted limits, then: (a) any such Extension of Credit 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 will make this refund by making a payment to Borrower. The Lender's payment of any such refund will extinguish any right of action Borrower might have arising out of such overcharge. 14. 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 (but, by certified mail if the notice is given pursuant to Section 19) 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 MAI M C 40-8036(TX) (041mo 1 Page 10 of 18 Form 3044.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-1 Filed 07/12/16 Page 11 of 26 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. 15. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the laws of Texas. All rights and obligations contained in this Security 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. 16. Borrower's Copies. Borrower shall be given at the time this Extension of Credit is made, a copy of all documents signed by Borrower related to the Extension of Credit. 17. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 17, "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 14 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. 18. 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, insofar as allowed by Section 50(a)(6), Article XVI of the Texas Constitution, 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 Innogs: 1- (2( 1l C Form 3044.1 1/01 (rev. 10/03) 14:0-8036(1-X1 m411).01 4> Page 11 of 18 Case 1:16-cv-00404-LY-ML Document 29-1 Filed 07/12/16 Page 12 of 26 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 17. 19, Sale of Note; Change of Loan Servicer; Notice of Grievance; Lender's Right-to•Comply. 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 requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Extension of Credit 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 14) 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. For example, Section 50(a)(6)(Q)(x), Article XVI of the Texas Constitution, generally provides that a lender has 60 days to comply with its obligations under the extension of credit after being notified by a borrower of a failure to comply with any such obligation. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 21 and the notice of acceleration given to Borrower pursuant to Section 17 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 19. It is Lender's and Borrower's intention to conform strictly to provisions of the Texas Constitution applicable to Extensions of Credit as defined by Section 50(a)(6), Article XVI of the Texas Constitution. All agreements between Lender and Borrower are hereby expressly limited so that in no event shall any agreement between Lender and Borrower, or between either of them and any third party, be construed not to allow Lender 60 days after receipt of notice to comply, as provided in this Section 19, with Lender's obligations under the Extension of Credit to the full extent permitted by Section 50(a)(6), Article XVI of the Texas Constitution. Borrower understands that the Extension of Credit is being made on the condition that Lender shall have 60 days after receipt of notice to comply with the provisions of Section 50(a)(6), Article XVI of the Texas Constitution. As a precondition to taking any action premised on failure of Lender to comply, Borrower will advise Lender of the noncompliance by a notice given as required by Section 14, and will give Lender 60 days after such notice has been received by Lender to comply. Except as otherwise required by Applicable Law, only after Lender has received said notice, has had 60 days to comply, and Lender has failed to comply, shall all principal and interest be forfeited by Lender, as required by Section 50(a)(6)(Q)(x), Article XVI of the Texas Constitution in connection with failure by Lender to comply with its obligations under this Extension of Credit. Borrower will cooperate in reasonable efforts to correct any failure by Lender to comply with Section 50(a)(6), Article XVI of the Texas Constitution. Lc MC! g2D-8036(TX1 (04111,01 Page 12 of 18 Form 3044.1 1(01 (rev. 101031 Case 1:16-cv-00404-LY-ML Document 29-1 Filed 07/12/16 Page 13 of 26 In the event that, for any reason whatsoever, any obligation of Borrower or of Lender pursuant to the terms or requirements hereof or of any other loan document shall be construed to violate any of the provisions of the Texas Constitution applicable to Extensions of Credit as defined by Section 50(a)(6), Article XVI of the Texas Constitution, then any such obligation shall be subject to the provisions of this Section 19, and the document may be reformed, by written notice from Lender, without the necessity of the execution of any amendment or new document by Borrower, so that Borrower's or Lender's obligation shall be modified to conform to the Texas Constitution, and in no event shall Borrower or Lender be obligated to perform any act, or be bound by any requirement which would conflict therewith. All agreements between Lender and Borrower are expressly limited so that any interest, Extension of Credit charge or fee collected or to be collected (other than by payment of interest) from Borrower, any owner or the spouse of any owner of the Property in connection with the origination, evaluation, maintenance, recording, insuring or servicing of the Extension of Credit shall not exceed, in the aggregate, the highest amount allowed by Applicable Law. It is the express intention of Lender and Borrower to structure this Extension of Credit to conform to the provisions of the Texas Constitution applicable to Extensions of Credit as defined by Section 50(a)(6), Article XVI of the Texas Constitution. If, from any circumstance whatsoever, any promise, payment, obligation or provision of the Note, this Security Instrument or any other loan document involving this Extension of Credit transcends the limit of validity prescribed by Applicable Law, then any promise, payment, obligation or provision shall be reduced to the limit of such validity, or eliminated as a requirement if necessary for compliance with such law, and such document may be reformed, by written notice from Lender, without the necessity of the execution of any new amendment or new document by Borrower. Lender's right-to-comply as provided in this Section 19 shall survive the payoff of the Extension of Credit. The provision of this Section 19 will supersede any inconsistent provision of the Note or this Security Instrument. 20. Hazardous Substances, As used in this Section 20: (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 CD)-8036(TX) (0411).01 (to Page 13 of 18 Initials' /VIC Form 3044.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-1 Filed 07/12/16 Page 14 of 26 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 Under for an Environmental Cleanup. 21. 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 17 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. Insofar as allowed by Section 50(a)(6), Article XVI of the Texas Constitution, Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 21, including, but not limited to, court costs, reasonable attorneys' fees and costs of title evidence. The lien evidenced by this Security Instrument may be foreclosed upon only by a court order. Lender may, at its option, follow any rules of civil procedure promulgated by the Texas Supreme Court for expedited foreclosure proceedings related to the foreclosure of liens under Section 50(a)(6), Article XVI of the Texas Constitution ("Rules"), as amended from time to time, which are hereby incorporated by reference. The power of sale granted herein shall be exercised pursuant to such Rules, and Borrower understands that such power of sale is not a confession of judgment or a power of attorney to confess judgment or to appear for Borrower in a judicial proceeding. 22. Power of Sale. It is the express intention of Lender and Borrower that Lender shall have a fully enforceable lien on the Property. It is also the express intention of Lender and Borrower that Lender's default remedies shall include the most expeditious means of foreclosure available by law. Accordingly, Lender and Trustee shall have all the powers provided herein except insofar as may be limited by the Texas Supreme Court. To the extent the Rules do not specify a procedure for the exercise of a power of sale, the following provisions of this Section 22 shall apply, if Lender invokes the power of sale. Under 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 of sale 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. In the event of any conflict between such procedure and the Rules, the Rules shall prevail, and this provision shall automatically be reformed to the extent necessary to comply. cp-8036(TX110411).01 49 Page 14 of 18 Form 3044.1 1/01 trey. 10/03) Case 1:16-cv-00404-LY-ML Document 29-1 Filed 07/12/16 Page 15 of 26 Trustee shall deliver to the purchaser who acquires title to the Property pursuant to the foreclosure of the lien a 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, court costs and 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. Within a reasonable time after termination and full payment of the Extension of Credit, Lender shall cancel and return the Note to the owner of the Property and give the owner, in recordable form, a release of the lien securing the Extension of Credit or a copy of an endorsement of the Note and assignment of the lien to a lender that is refinancing the Extension of Credit. Owner shall pay only recordation costs. OWNER'S ACCEPTANCE OF SUCH RELEASE, OR ENDORSEMENT AND ASSIGNMENT, SHALL EXTINGUISH ALL OF LENDER'S OBLIGATIONS UNDER SECTION 50(a)(6), ARTICLE XVI OF THE TEXAS CONSTITUTION. 24. Nan-Recourse Liability. Lender shall be subrogated to any and all rights, superior title, liens and equities owned or claimed by any owner or holder of any liens and debts outstanding immediately prior to execution hereof, regardless of whether said liens or debts are acquired by Lender by assignment or are released by the holder thereof upon payment. Subject to the limitation of personal liability described below, each person who signs this Security Instrument is responsible for ensuring that all of Borrower's promises and obligations in the Note and this Security Instrument are performed. Borrower understands that Section 50(a)(6)(C), Article XVI of the Texas Constitution provides that the Note is given without personal liability against each owner of the Property and against the spouse of each owner unless the owner or spouse obtained this Extension of Credit by actual fraud. This means that, absent such actual fraud, Lender can enforce its rights under this Security Instrument solely against the Property and not personally against the owner of the Property or the spouse of an owner. If this Extension of Credit is obtained by such actual fraud, then, subject to Section 12, Borrower will be personally liable for the payment of any amounts due under the Note or this Security Instrument. This means that a personal judgment could be obtained against Borrower, if Borrower fails to perform Borrower's responsibilities under the Note or this Security Instrument, including a judgment for any deficiency that results from Lender's sale of the Property for an amount less than is owing under the Note, thereby subjecting Borrower's other assets to satisfaction of the debt. If not prohibited by Section 50(a)(6)(C), Article XVI of the Texas Constitution, this Section 24 shall not impair in any way the lien of this Security Instrument or the right of Lender to collect all sums due under the Note and this Security Instrument or prejudice the right of Lender as to any covenants or conditions of the Note and this Security Instrument. 44-8036(TX) (04111,01 Page 15 of 18 Al Initials 2 (..—• Form 3044.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-1 Filed 07/12/16 Page 16 of 26 25, Proceeds. Borrower has not been required to apply the proceeds of the Extension of Credit to repay another debt except a debt secured by the Property or debt to another lender. 26. No Assignment of Wages. Borrower has not assigned wages as security for the Extension of Credit. 27. Acknowledgment of Fair Market Value. Lender and Borrower have executed a written acknowledgment as to the fair market value of Borrower's Property on the date the Extension of Credit is made. 28, 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. Trustee shall not be liable if acting upon any notice, request, consent, demand, statement or other doctunent believed by Trustee to be correct. Trustee shall not be liable for any act or omission unless such act or omission is willful. 29, Acknowledgment of Waiver by Lender of Additional Collateral. Borrower acknowledges that Lender waives all terms in any of Lender's loan documentation (whether existing now or created in the future) which (a) create cross default; (b) provide for additional collateral; and/or (c) create personal liability for any Borrower (except in the event of actual fraud), for the Extension of Credit. This waiver includes, but is not limited to, any (a) guaranty; (b) cross collateralization; (c) future indebtedness; (d) cross default; and/or (e) dragnet provisions in any loan documentation with Lender. 148036(TX) to41i)ot Pane 16 of 18 Form 3044.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-1 Filed 07/12/16 Page 17 of 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, [DO NOT SIGN IF THERE ARE BLANKS LEFT TO BE COMPLETED IN THIS DOCUMENT. THIS DOCUMENT MUST BE EXECUTED AT THE OFFICE OF LENDER, AN A'TT'ORNEY AT LAW OR A TITLE COMPANY. YOU MUST RECEIVE A COPY OF THIS DOCUMENT ALTER YOU HAVE SIGNED IT.] YOU MAY, WITHIN 3 DAYS Alf IER CLOSING, RESCIND THIS EXTENSION OF CREDIT WITHOUT PENALTY OR CHARGE. Printed Name: L-1, / Co ie [Please Complete] /New-ea Cole vvvx Printed Name A - ' (Please Complete) (Seal) LOEL COLEMAN -Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower C4-8038(TX) 0411).01 Page not 18 Form 3044.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-1 Filed 07/12/16 Page 18 of 26 STATE OF TEXAS County of 44-141-ernrson TIZAW.S. Before me 2- AstAcrtk,4 ei CO1-eitick 4 Mar-i6 1edtia,--1 on this clay personally appeared known to me (or proved to me on the oath of Or through ---]`)Coc ) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she ey executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this (Seal) J. ASHCRAFT MYCOMMISSIONEXPIRES tt W January 6, 2009 *no s +4, My Commission Expires: Loid 4̀1 / day of /"iiq5 004 . Ct-80361TX) too n.o1 vir4/ M Pogo 18 of TB Form 3044.1 1/01 (rev. 10/03) FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2006042937 05/28/2005 02:245 PM JACK/E $84,00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS Case 1:16-cv-00404-LY-ML Document 29-1 Filed 07/12/16 Page 19 of 26 Cor rat •n rive, Prepared By: Home123 Corporation 3351 Michelson Drive, Ste 400 Irvine, CA 92612 Please Return (--\ Fidelity National Title Convoy .,2, / 9600 Great Hills Trail #150E / Austin, T 7:7 CrF APT 2conna Return To: 6 paS [To Be Recorded With Security Instrument. Space Above This Line for Recording Data] TEXAS HOME EQUITY AFFIDAVIT AND AGREEMENT (First Lien) (Do not sign this Texas Home Equity Affidavit and Agreement until you have executed an Acknowledgment Regarding Fair Market Value, and received and reviewed the Texas Home Equity Note and the Texas Home Equity Security Instrument.) State of TEXAS Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared LOEL COLEMAN and on oath such individual, or each of them, swears that the following statements are true: L REPRESENTATIONS AND WARRANTIES: A. I am a borrower named in the Texas Home Equity Note (the "Note") or the owner or spouse of an owner of the property described in the Texas Home Equity Security Instrument (the "Security Instrument" which TEXAS HOME EQUITY AFFIDAVIT AND AGREEMENT (First Llen)-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3185 1/01 -8034ITX) 03101 trev.10/031 Page 1 Of 6 C /1/1 C VMP Mortgage Solutions i8001521-7291 Case 1:16-cv-00404-LY-ML Document 29-1 Filed 07/12/16 Page 20 of 26 term includes any riders to the Texas Home Equity Security Instrument), both bearing date of May 1 1 , 2006 , evidencing and securing an extension of credit as defined by Section 50(a)(6), Article XVI of the Texas Constitution (the "Extension of Credit") and providing for a lien on the following described property (the "Property") located in Wi 11 1 amson County, Texas: LOT 23, BLOCK 9, CEDAR PARK RANCHETTS, UNIT FOUR, A SUBDIVISION IN WILLIAMSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT RECORDED IN CABINET B, SLIDE 50, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. Parcel ID Number: 8034230 which has the address of:205 COUGAR AVENUE N [street] Cedar Park [city], Texas 7 8 61 3 • Pp Code) ("Property Address"). The Property includes all incidental rights in and to the Property including all 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 are included as well as any interest in a planned unit development, condominium project, homeowners' association or equivalent entity owning or managing common areas or facilities associated with the Property. All of the foregoing is referred to herein as the Property, provided however that the Property is limited to homestead property in accordance with Section 50(a)(6)(H), Article XVI of the Texas Constitution, The Property does not include any additional real or personal property not included within the definition of homestead in accordance with applicable law including but not limited to Sections 41,002(a), (b), and (c) of the Texas Property Code which provide: Section 41.002 Definition of Homestead (a) If used for the purposes of an urban home or as both an urban home and a place to exercise a calling or business, the homestead of a family or a single, adult person, not otherwise entitled to a homestead, shall consist of not more than 10 acres of land which may be in one or more contiguous lots, together with any improvements thereon. (b) If used for the purposes of a rural home, the homestead shall consist of: (1) for a family, not more than 200 acres, which may be in one or more parcels, with the improvements thereon; or (2) for a single, adult person, not otherwise entitled to a homestead, not more than 100 acres, which may be in one or more parcels, with the improvements thereon. (c) A homestead is considered to be urban if, at the time the designation is made, the property is: (1) located within the limits of a municipality or its extraterritorial jurisdiction or a platted subdivision; and (2) served by police protection, paid or volunteer fire protection, and at least three of the following services provided by a municipality or under contract to a municipality: (A) electric; (B) natural gas; (C) sewer; (D) storm sewer; and (E) water. B. I understand that the lender making the Extension of Credit is Home123 Corporat1 on (the "Lender"). C. The undersigned includes all owners and spouses of owners of the Property and all borrowers named in the Note. Initials: t^^1e-( M -8034(TX) 103101 Page206 Form 3188 1/01 1rov.10/03) Case 1:16-cv-00404-LY-ML Document 29-1 Filed 07/12/16 Page 21 of 26 D. The Extension of Credit is secured by a voluntary lien on the Property created under a written agreement with the consent of all owners and all spouses of owners, and execution of this Texas Home Equity Affidavit and Agreement is deemed evidence of such consent. E. The Extension of Credit is of a principal amount that, when added to the aggregate total of the outstanding principal balances of all other indebtedness secured by valid encumbrances of record against the Property, does not exceed eighty percent (80%) of the fair market value of the Property on the date the Extension of Credit is made. F. I have not paid any fee or charge that is not disclosed in the HUD-1 or HUD-1A Settlement Statement. G. Neither the Lender nor any other party has required any additional collateral (real or personal property), other than the Property described in the Security Instrument, to secure the Extension of Credit. H. The Property is not designated for agricultural use as provided by statutes governing property tax, unless such Property is used primarily for the production of milk. I. The Extension of Credit is the only loan made pursuant to Section 50(a)(6), Article XVI of the Texas Constitution that will be secured by the Property at the time the Extension of Credit is funded. J. The Note and Security Instrument have not been signed before the twelfth (12th) day after the later of the date the owner of the Property submitted an application to the Lender, or the Lender's representative for the Extension of Credit, or the date that the Lender, or the Lender's representative provided the owner with a copy of the Notice Concerning Extensions of Credit defined by Section 50(a)(6), Article XVI of the Texas Constitution (the "Notice"). K. The Note and Security Instrument have not been signed before one business day after the date that the owner of the Property received a final itemized disclosure of the actual fees, points, interest, costs, and charges that would be charged at closing or a bona fide emergency or other good cause exists and the owner of the Property hereby consents to the Lender providing or modifying such final itemized disclosure on the date of the signing of the Note and Security Instrument and execution of this Texas Home Equity Affidavit and Agreement is deemed evidence of such consent. L. If I am an owner of the Property, I received the Notice in English. If the discussions with the borrowers named in the Note were conducted primarily in a language other than English, the borrowers named in the Note received from Lender, or Lender's representative, before closing, an additional copy of the Notice translated into the written language in which the discussions were conducted. M. The Extension of Credit is being closed, that is I am signing the loan documents, at the office of the Lender, an attorney at law, or a title company. N. It has been at least one year since the closing date of any other extension of credit made pursuant to Section 50(a)(6), Article XVI of the Texas Constitution secured by the Property, unless (i) this Extension of Credit is a refinance of a prior extension of credit pursuant to Section 50(a)(6), Article XVI of the Texas Constitution, and is being made to cure the failure of any lender or holder of the prior extension of credit to comply with its obligations under the prior extension of credit (referred to here as a cure refinance) or (ii) the prior extension of credit was a cure refinance, in which case it has been at least one year since the closing date of the most recent extension of credit prior to a cure refmance. 0. No owner of the Property has been required to apply the proceeds of this Extension of Credit to repay another debt, unless such other debt, if any, is a debt secured by the Property or is a debt to another lender, P. No owner of the Property has been required to assign wages as security for the Extension of Credit. Q. No owner of the Property has signed an instrument in which applicable blanks were left to be filled in. There are no blanks in this Texas Home Equity Affidavit and Agreement, the Note, or the Security Instrument. R. No owner of the Property has signed a confession of judgment or given a power of attorney to the Lender or to a third person to confess judgment or to appear for any owner of the Property in a judicial proceeding. S. To the best of my knowledge and belief, all owners of the Property, after receiving a copy of all documents signed by them, will sign a receipt acknowledging the delivery of such copies. T. I have been notified in the Security Instrument of the right of the owner and the spouse of any owner to rescind the Extension of Credit without penalty or charge within three (3) days after the closing. U. The Lender and each owner of the Property have signed a written acknowledgment as to the fair market value of the Property on the date the Extension of Credit is made. initials4146' /1/1. C- - Ct-8034(TX) I0310) Page 3 of 6 Form 3185 1/01 (rov,10/03) Case 1:16-cv-00404-LY-ML Document 29-1 Filed 07/12/16 Page 22 of 26 V. The Property is not being purchased with any part of the proceeds of the Extension of Credit. W. Unless Lender otherwise agrees in writing, all borrowers named in the Note shall occupy the Property as their homestead pursuant to the terms of the Security Instrument. X. I understand that the Extension of Credit is not a form of open-end account that may be debited from time to time or under which credit may be extended from time to time. Lender, at its option, may make monetary advances to protect the Property (i.e. pay real estate taxes, hazard insurance payments, etc.) in accordance with the Security Instrument. Y. I understand that the Note, Security Instrument, and this Texas Home Equity Affidavit and Agreement define the terms of the Extension of Credit and are to be construed as an entirety. II. AGREEMENT PROVISIONS: A. No Personal Liability in the Absence of Actual Fraud. I understand that pursuant to Section 50(a)(6)(C), Article XVI of the Texas Constitution the Extension of Credit is without recourse for personal liability against each owner of the Property and the spouse of each owner and that Lender and its successors and assigns can enforce the promises and obligations in the Note and the Security Instrument solely against the Property, unless an owner or spouse of an owner obtains the Extension of Credit by actual fraud. B. Inducement and Reliance. I understand that my execution of this Texas Home Equity Affidavit and Agreement is made to induce Lender and its successors and assigns to make or purchase the Extension of Credit, and that Lender and its assigns will rely on it as additional consideration for making or purchasing the Extension of Credit. I also understand that each of the statements made in the Representations and Warranties Section is material and will be acted upon by the Lender and its assigns, and that if such statement is false or made without knowledge of the truth, the Lender and its assigns will suffer injury. C. Remedies in the Event of Actual Fraud. If any owner of the Property, or the spouse of an owner, obtains the Extension of Credit by actual fraud, then each owner, spouse of each owner and all borrowers named in the Note agree to indemnify and save Lender and its successors and assigns harmless against any loss, costs, damages, attorneys' fees, expenses and liabilities which Lender may incur or sustain in connection with such actual fraud and any court action arising therefrom and will pay the same upon demand. In addition, the borrowers named in the Note may become personally liable for repayment of the Extension of Credit. D. Opportunity for Lender to Comply. It is agreed that, except as required by law, the Lender or any holder of the Note for the Extension of Credit shall not forfeit any principal or interest on the Extension of Credit by reason of failure by Lender or holder to comply with its obligations under the Extension of Credit, unless the Lender or holder of the Note fails to correct the failure to comply not later than the 60th day after the borrower notifies the Lender or holder of the Note of its failure to comply. E. Tax Advice. It is agreed that it is the borrower's responsibility to determine any and all aspects of tax considerations related to the Extension of Credit. I have not relied on any tax advice provided by Lender or Lender's representatives. It is my responsibility to seek and obtain independent tax advice. Me' C) -8034(TX) (03101 Page 4 of 6 Form 3185 1/01 frov.10/03) Case 1:16-cv-00404-LY-ML Document 29-1 Filed 07/12/16 Page 23 of 26 (Borrower or Owner or Spouse of Owner) LOEL COLEMAN [DO NOT SIGN IF 'MERE ARE BLANKS LEFT TO BE COMPLETED IN THIS DOCUMENT. THIS TEXAS ROME EQUITY At t !DAVIT AND AGREEMENT MUST BE EXECUTED AT TliI OFFICE OF I'HE LENDER, AN ATTORNEY AT LAW, OR A TITLE COMPANY BY ALL OWNERS OF THE PROPERTY, SPOUSES OF OWNERS, AND BORROWERS NAMED IN ME NOTE. YOU MUSTI&VE A COPY OF THIS DQCIENT AFTER YOU HAVE SIGNED IT.] (Borrower or Owner or Spouse of Owner) HI. STATEMENT UNDER OATH I hereby swear under oath that the representations and warranties referred to and set forth in Section I above are true and correct. I understand that this Texas Home Equity Affidavit and Agreement is part of the Extension of Credit documentation. (Borrower or Owner or Spouse of Owner) (Borrower or Owner or Spouse of Owner) (Borrower or Owner or Spouse of Owner) (Borrower or Owner or Spouse of Owner) (Borrower or Owner or Spouse of Owner) (Borrower or Owner or Spouse of Owner) ei0 .8034(TX)113310} Page 6 of a Form 3185 1(01 (rev.10/03) Case 1:16-cv-00404-LY-ML Document 29-1 Filed 07/12/16 Page 24 of 26 J. ASKRAFT MY COMMISSION EXPIRES January 0, 2009 SWORN TO AND SUBSCRIBED before me on this [PERSONALIZED SEAL] Printed Name of Notary My Commission Expires: I / ADVISORY NOTICE ALL STATEMENTS IN THE FOREGOING TEXAS HOME EQUITY AFFIDAVIT AND AGREEMENT ARE MADE UNDER OATH. IF ANY SUCH STATEMENT IS MADE WITH KNOWLEDGE THAT SUCH STATEMENT IS FALSE, THE PERSON MAKING SUCH FALSE STATEMENT MAY BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES UNDER APPLICABLE LAW, MAY BE PERSONALLY LIABLE ON THE NOTE AND MAY CAUSE ALL OTHER BORROWERS NAMED IN nit; NOTE TO BE PERSONALLY LIABLE ON THE NOTE. 1n~tials: t:2 M C , et-8034(TX) (03101 Page 6 of 6 Form 3186 1/01 lrev.10/03) FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2006042938 CR4u.. 05/26/2006 02:26 PM JACKIE $36.00 NANCY E. RISTER, COUNTY CLERK WILL/AMSON COUNTY, TEXAS ii Notary Public Case 1:16-cv-00404-LY-ML Document 29-1 Filed 07/12/16 Page 25 of 26 1007616056 Victor Perez Page 1 of 1 2011024166 Electronically Recorded Official Public Records Nancy E. Rister, County Clerk 2011 Apr 14 12:40 PM Fee: $ 20.00 Pages: 2 Williamson County'Texas MACKIE WOLF ZI.ENTZ & MANN P.C. Pacific Center I, SUite 660 14180 N. Dallas Parkway Dallas, Texas 75254 Loral ttb TEXAS HOME EQUITY ASSIGNMENT OF SECURITY INSTRUMENT For Value Received, the undersigned holder of ' a Security Instrument (herein "Assignor") whose address is 3351 Michelson Drive, Ste 400 Irvine, CA .9A612 does hereby grant, sell, assign, transfer and convey, unto Was Far9 (herein "Assignee"), whose address is b-tfIle"-ii\10-4)01Cd. A'SSCCtat all beneficial interest under a certain Security Instrument dated May 11, 2006 , made and executed by LOEL COLEMAN to Eldon L. Youngblood Trustee, upon the following described property situated in Williamson County, State of Texas: LOT 23, BLOCK 9, CEDAR PARK RANCHETTS, UNIT FOUR, A SUBDIVISION IN WILLIAMSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT RECORDED IN CABINET B, SLIDE 50, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. (MR OPCXA Se-tvtLocio, A-Y.fe-ArrsZrki- Q% Seplev-A.loey- cZap cture..6, PisseA- Baht. e.ece,(Vo ble 8 Lt-C Tru 0004,--HC, Marine. Poss -chnup Cer-401 c.6463 SeA.es b04,--fie.rQ. such Security Instrument having been given to secure payment of EIGHTY THOUSAND AND 00/100 ($80,000.00 )[original principal amount], which Security Instrument is of record in Book, Volume, or Liber No. , at page (or as No. eR C)0(.4% CYAR 437 ) of the County Records of Williamson County, State of Texas, together with the note(s) and obligations therein described, the money due an to b come due thereon with interest, and all rights accrued or to accrue under such Security Instrument. mai j (96, ,6Q00(,.., TO HAVE AND TO HOLD, the same unto Assignee, its successors and assigns, forever, subject only to the tenns and conditions of the above-described Security Instrument. IN WITNESS WHEREOF, the undersigned Assignor has executed this Assignment of Security Instrument on 17th day of May , 2006 ASSIGNOR: Home123 Corporation Stephen L. Nagy V.P.1Records Management State of = nia County of Orang On 05117/2006 personally appeared , before me Victor Perez personally known to me (or proved to me on the is of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to e that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the ins gent the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NCMC TX Home Equity Assignment RE-338 (030698) Case 1:16-cv-00404-LY-ML Document 29-1 Filed 07/12/16 Page 26 of 26 EXHIBIT B Case 1:16-cv-00404-LY-ML Document 29-2 Filed 07/12/16 Page 1 of 3 1007616056 Victor Perez Page 1 of 1 2011024166 Electronically Recorded Official Public Records Nancy E. Rister, County Clerk 2011 Apr 14 12:40 PM Fee: $ 20.00 Pages: 2 Williamson County'Texas MACKIE WOLF ZI.ENTZ & MANN P.C. Pacific Center I, SUite 660 14180 N. Dallas Parkway Dallas, Texas 75254 Loral ttb TEXAS HOME EQUITY ASSIGNMENT OF SECURITY INSTRUMENT For Value Received, the undersigned holder of ' a Security Instrument (herein "Assignor") whose address is 3351 Michelson Drive, Ste 400 Irvine, CA .9A612 does hereby grant, sell, assign, transfer and convey, unto Was Far9 (herein "Assignee"), whose address is b-tfIle"-ii\10-4)01Cd. A'SSCCtat all beneficial interest under a certain Security Instrument dated May 11, 2006 , made and executed by LOEL COLEMAN to Eldon L. Youngblood Trustee, upon the following described property situated in Williamson County, State of Texas: LOT 23, BLOCK 9, CEDAR PARK RANCHETTS, UNIT FOUR, A SUBDIVISION IN WILLIAMSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT RECORDED IN CABINET B, SLIDE 50, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. (MR OPCXA Se-tvtLocio, A-Y.fe-ArrsZrki- Q% Seplev-A.loey- cZap cture..6, PisseA- Baht. e.ece,(Vo ble 8 Lt-C Tru 0004,--HC, Marine. Poss -chnup Cer-401 c.6463 SeA.es b04,--fie.rQ. such Security Instrument having been given to secure payment of EIGHTY THOUSAND AND 00/100 ($80,000.00 )[original principal amount], which Security Instrument is of record in Book, Volume, or Liber No. , at page (or as No. eR C)0(.4% CYAR 437 ) of the County Records of Williamson County, State of Texas, together with the note(s) and obligations therein described, the money due an to b come due thereon with interest, and all rights accrued or to accrue under such Security Instrument. mai j (96, ,6Q00(,.., TO HAVE AND TO HOLD, the same unto Assignee, its successors and assigns, forever, subject only to the tenns and conditions of the above-described Security Instrument. IN WITNESS WHEREOF, the undersigned Assignor has executed this Assignment of Security Instrument on 17th day of May , 2006 ASSIGNOR: Home123 Corporation Stephen L. Nagy V.P.1Records Management State of = nia County of Orang On 05117/2006 personally appeared , before me Victor Perez personally known to me (or proved to me on the is of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to e that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the ins gent the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NCMC TX Home Equity Assignment RE-338 (030698) Case 1:16-cv-00404-LY-ML Document 29-2 Filed 07/12/16 Page 2 of 3 Signature of Notary Public CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE On May 17, 2006 before me Victor Perez, a Notary Public personally appeared Steve Nagy V.P. Records Management, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal VICTOR PEREZ Commission # 1638319 Notary Public • Ca !Rooks Orange County My Comm, Expires Jan 15, 201 Victor Perez COMMISSION # 1638119 COMMISSION EXPIRES: January 15, 2010 Case 1:16-cv-00404-LY-ML Document 29-2 Filed 07/12/16 Page 3 of 3 EXHIBIT C Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 1 of 41 CAUSE NO: I I- q7ci C-30g In re: Order for Foreclosure Concerning MARIA COLEMAN AND LOEL COLEMAN ("Respondents") and 205 COUGAR AVENUE N CEDAR PARK, TX 78613 ("Property Mailing Address") and WELLS FARGO BANK, NATIONAL ASSOCIATION, TRUSTEE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2006 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-HE2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE2 ("Applicant") IN THE DISTRICT COURT OF WILLIAMSON COUNTY, TEXAS JUDICIAL DISTRICT HOME EQUITY FORECLOSURE APPLICATION FILED at o'clock SEP 1 2 2011 06-0// District C erk, Williamson Co., TX. 1. In accordance with Tex. R. Civ. P. 736(1)(B) the names of the persons to receive notice of foreclosure are MARIA COLEMAN AND LOEL COLEMAN (hereafter "Respondents"). Each Respondent is the party who is obligated to pay the debt or is a grantor of the security instrument made the subject of this proceeding. 2. In accordance with Tex. R. Civ. P. 736(1)(C), the security instrument executed by Respondents is secured by the real property and improvements ("Property") with the mailing address of 205 COUGAR AVENUE N, CEDAR PARK, TX 78613 and legal description: 5570578475944, Code No: 24076 MWZM No: 10-003754-670 SYNOPSIS: Applicant seeks a court order pursuant to Tex. R. Civ. P. 735 and 736 allowing the in rem foreclosure of a home equity lien created under Tex. Const. art. XVI §50a(6). Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 2 of 41 LOT 23, BLOCK 9, CEDAR PARK RANCHETTS, UNIT FOUR, A SUBDIVISION IN WILLIAMSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT RECORDED IN CABINET B, SLIDE 50, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. 3. In accordance with Tex. R. Civ. P. 736(1)(D), the security instrument encumbering the Property is recorded in the official real property records of WILLIAMSON County, Texas at Document 2006042937 where all or part of the Property is located. In the alternative, a legible copy of the security instrument may be attached. 4. In accordance with Tex. R. Civ. P. 736(1)(E), Applicant alleges that: (a) "a debt exists"; (b) "the debt is secured by a lien created under Tex. Const. art. XVI §50a(6) for a home equity loan"; (c) "a default under the security instrument" exists; (d) "the Applicant, or its agent or attorney, has given the requisite notices to cure the default and accelerated the maturity of the debt under the security instrument, Tex. Prop. Code §51.002 and applicable law". 5. In accordance with Tex. R. Civ. P. 736(1)(F), the facts which establish the existence of a default under the security instrument are: (a) According to Applicant's records, the loan agreement is due for the 05/01/2011 payment and, as of 07/22/2011, the amount owed Applicant is at least $88,135.15 therefore, (b) As a result of the failure to make payments, there has been a material breach of Respondent's obligations under the terms of the loan agreement and security instrument securing the debt. 6. In accordance with Tex. R. Civ. P. 736(1)(G), Applicant seeks a court order required by Tex. Const. art. XVI §50a(6)(D) to sell the Property under the security instrument and Tex. Prop. Code § 51.002. 7. In accordance with Tex. R. Civ. P. 736(1)(G), a combination Verification and Affidavit, which is attached and made a part of this Application for all purposes, was made on personal knowledge and sets forth such facts as would be admissible in evidence. 5570578475944, Code No: 24076 MWZM No: 10-003754-670 Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 3 of 41 8. Applicant appoints MARK HOPKINS, PAUL COLLEY, JR., ALLISON CHANDLER, M. MATTHEW WILLIAMS, JOHN LYNCH, EMILY STROOPE, MICHAEL W. ZIENTZ OR CARL NIENDORFF or successor, as the substitute trustee to conduct the public auction provided by Tex. R. Civ. P. 736, the security instrument or Tex. Prop. Code § 51.002. Respectfully submitted, MACKIE WOLF ZIENTZ & MANN, P. C. mot• 411 L. eller Mackie State Bar No. 24013077 Emily Stroope State Bar No. 24070692 Michael W. Zientz State Bar No. 24003232 Pacific Center I, Suite 660 14180 N. Dallas Parkway Dallas, Texas 75254 214-635-2650 (Phone) 214-635-2686 (Fax) ATTORNEYS FOR APPLICANT 5570578475944, Code No: 24076 MWZM No: 10-003754-670 Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 4 of 41 CAUSE NO: In re: Order for Foreclosure Concerning MARIA COLEMAN AND LOEL COLEMAN ("Respondents") and 205 COUGAR AVENUE N CEDAR PARK, TX 78613 ("Property Mailing Address") and WELLS FARGO BANK, NATIONAL ASSOCIATION, TRUSTEE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2006 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-HE2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE2 ("Applicant") IN THE DISTRICT COURT OF WILLIAMSON COUNTY, TEXAS JUDICIAL DISTRICT VERIFICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before me, the undersigned notary, on this day personally appeared icoie Marino ("Affiant"), a person whose identity is known by me. After I administered an oath to Affiant, Affiant testified: Nicole Marino "My name is . I am employed as a Contract Managetkerite6WHOtiv to execute this verification on behalf of Ocwen, who is responsible for servicing this delinquent mortgage account as attorney-in-fact for Applicant." "I have read the Application and I have personal knowledge of all the facts set forth 5570578475944, Code No: 24076 MWZM No: 10-003754-670 of Ocwen Loan Servicing, LLC ("Ocwen") and authorized Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 5 of 41 therein, and all of the facts 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 at Ocwen, I am familiar with the business records maintained by Ocwen for the purpose of servicing mortgage loans, collecting payments and pursuing any delinquencies (the "Servicing Records"). Ocwen's Servicing Records typically include electronic data compilations and imaged documents pertaining to the loans it services. Based on my training and my general knowledge of the processes by which they are created and maintained, Ocwen's Servicing Records were made at or near the time by, or from information provided by, persons with knowledge of the activity and transactions reflected in such records, and are kept in the ordinary course of the business activity regularly conducted by Ocwen. It is the regular practice of Ocwen' s mortgage servicing business to make and update its Servicing Records." AFFIANT Nicole By: Title: Contract Manage MerariSTAesitors-- JURAT STATE OF FLORIDA COUNTY OF PALM BEACH SWORN TO and Ski before ne; _. e un ersigne. notary public, on this day personally appeared (;" known to me personally e the person whose name is subscribed to the foregoing instrument:-----._...___ Given under my hand and seal of this office this Z-7 djay of , 2011. Notary P ic, State of Florida Ryan Dierdorff $PSY P14 Notary Public State of Florida 5570578475944, Code No: 24076 Ryan Dierdoff MWZM No: 10-003754-670 . c My Commission EE120876 Or0* Expires 08/10/2015 Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 6 of 41 CAUSE NO: In re: Order for Foreclosure Concerning MARIA COLEMAN AND LOEL COLEMAN ("Respondents") and 205 COUGAR AVENUE N CEDAR PARK, TX 78613 ("Property Mailing Address") and WELLS FARGO BANK, NATIONAL ASSOCIATION, TRUSTEE POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2006 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-HE2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE2 ("Applicant") IN THE DISTRICT COURT OF WILLIAMSON COUNTY, TEXAS JUDICIAL DISTRICT AFFIDAVIT OF APPLICANT STATE OF FLORIDA COUNTY OF PALM BEACH Before me, the undersigned authority, personally appeared Nicole Marino ("Affiant"), a person whose identity is known to me. After I administered an oath to Affiant, upon Affiant's oath, Affiant said: Nicole Marino "My name is and I am capable of making this affidavit. I am over the age of eighteen and have not been convicted of a felony or crime of moral turpitude. I understand this affidavit has been prepared to comply with Tex. R. Civ. P. 736(1)(G) and Tex. R. Evid. 902(10)." Contract Managerifs "I am employed as a of Ocwen Loan Servicing, LLC ("Ocwen") and authorized to make this Affidavit on behalf of 5570578475944, Code No: 24076 MWZM No: 10-003754-670 Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 7 of 41 Ocwen who is responsible for servicing this home equity loan agreement, as that term is defined in Tex. Bus. & Corn. Code § 26.02 ("Loan Agreement"), as attorney-in-fact for Applicant. I have read Applicant's Application and the contents of this Affidavit. I make this affidavit 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 at Ocwen, I am familiar with the business records maintained by Ocwen for the purpose of servicing mortgage loans, collecting payments and pursuing any delinquencies (the "Servicing Records"). Ocwen' s Servicing Records typically include electronic data compilations and imaged documents pertaining to the loans it services." "Based on my training and my general knowledge of the processes by which they are created and maintained, Ocwen's Servicing Records were made at or near the time by, or from information provided by, persons with knowledge of the activity and transactions reflected in such records, and are kept in the ordinary course of the business activity regularly conducted by Ocwen. It is the regular practice of Ocwen's mortgage servicing business to make and update its Servicing Records." "According to the Ocwen' s records, the mailing address and the legal description of the Property securing the Loan Agreement debt is the same as that described in the Application. According to the underwriting and post-mortgage closing procedures of Ocwen or its predecessor in interest, and based on the Affianf s personal knowledge of the mortgage banking industry's quality control standards, Affiant has reason to believe that the Loan Agreement debt was created in accordance with Tex. Const. art. XVI, §50(a)(6) and created a valid home equity lien against Respondents' homestead." "As the Application alleges, a debt now exists which is owed by each Respondent obligated for the debt. The Loan Agreement debt is due for the 05/01/2011 payment. As of 07/22/2011 each Respondent obligated for the Loan Agreement debt is jointly and severally liable to Applicant for at least $88,135.15. The 5570578475944, Code No: 24076 MWZM No: 10-003754-670 Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 8 of 41 Notary P lic, State of Florida yan Dierdorff requisite notice of demand to cure the default and intent to accelerate was provided to the Respondent obligated for the Loan Agreement debt and as of the date of this Affidavit the default has not been cured." "Because the Loan Agreement debt is in default, an order is sought from the court to continue the in rem foreclosure process against Respondents' homestead in accordance with Tex. R. Civ. P. 736. No personal liability against Respondents for the debt, except as provided in Tex. Const. Art. XVI §50a(6)(C) for actual fraud is being sought." FURTHER AFFIANT SAITH NOT. SIGNED THIS ?1 day of 4-J, t- , 2011. By: Nicole Marino Title: Contract Ma getikbtalorakiatee JURAT STATE OF FLORIDA COUNTY OF PALM BEACH SWORN TO and SUBSCRIBED before me, he undersigned notary public, on this day personally appeared Nicole Marino , known- to- e persona o be the person whose name is subscribed to the foregoing instrument. Given under my hand and seal of this office this Z , 2011. dor °oe Notary Public State of Florida Ryan Dierdoff if My Commission EE120876 ,.01" Expires 08/10/2015 5570578475944, Code No: 24076 MWZM No: 10-003754-670 Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 9 of 41 Return To: Home123 Corporation 3351 Michelson Drive. Ste 400 Irvine, CA 92612 Prepared By: Home123 Corporation 3351 Michelson Drive, Ste 400 Irvine, CA 92612 We hereby certify this to be a true and co ct, opy of the original doc t By [Space Above This Line for Recording Data) THIS SECURITY INSTRUMENT SECURES AN EXT.b.:NSION OF CREDIT AS DEFINED BY SECTION 50(a)(6), ARTICLE XVI OF THE TEXAS CONSTITUTION. TEXAS HOME EQUITY SECURITY INSTRUMENT (First Lien) This Security Instrument is not intended to finance Borrower's acquisition of the Property. NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your social security number or your driver's license number. DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 10, 12, 17, 19, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 15. (A) "Security Instrument" means this document, which is dated M a y 11 2006 together with all Riders to this document. (B) "Borrower" is LOEL COLEMAN 11111111)111111 Borrower is the grantor under this Security Instrument. 1007616056 TEXAS HOME EQUITY SECURITY INSTRUMENT (First Lien)-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 304-4.1 1/01 (Z-8036(TX) to4 .o (rev. 10/03) Page 1 of 18 Initials: 4( VMP Mortgage Solutions, Inc. 1800)521-7291 Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 10 of 41 (C) "Lender" is Home123 Corporation Lender is a Corporation organized and existing under the laws of Cal i forni a Lender's address is 3351 Michelson Drive. Ste 400, Irvine. CA 92612 Lender includes any holder of the Note who is entitled to receive payments under the Note. Lender is the beneficiary under this Security Instrument. (D) "Trustee" is El don L. Youngblood Trustee's address is 2711 North Haskell Avenue. Suite 2700 LB 25, Dallas, Texas 75204 (E) "Note" means the promissory note signed by Borrower and dated May 11, 2006 The Note states that Borrower owes Lender E I GHTY THOUSAND AND 00 /100 Dollars (U.S. $ 80,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than 06/01/2036 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Extension of Credit" means the debt evidenced by the Note, as defined by Section 50(a)(6), Article XVI of the Texas Constitution and all the documents executed in connection with the debt. (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]: Ti Texas Home Equity Condominium Rider Other: Texas Home Equity Planned Unit Development Rider (1) "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) "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. ci A007616056 14D-80361TX}104111.01 Page 2 o1 18 Form 3044.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 11 of 41 (0) "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 to a "federally related mortgage loan" even if the Extension of Credit does not qualify as a "federally related mortgage loan" under RESPA. (P) "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 '1'H} PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Extension of Credit, and all extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described Property located in the County of Williamson [Type of Recording Jurisdiction] [Name of Recording Jurisdiction) LOT 23. BLOCK 9. CEDAR PARK RANCHETTS, UNIT FOUR, A SUBDIVISION IN WILLIAMSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT RECORDED IN CABINET B, SLIDE 50. OF THE PLAT RECORDS OF WILLIAMSON COUNTY. TEXAS. Parcel ID Number: R034230 which currently has the address of 205 COUGAR AVENUE N [Street] Cedar Park [city] , Texas 78613- [Zip Code] ("Property Address"): 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"; provided however, that the Property is limited to homestead property in accordance with Section 50(a)(6)(H), Article XVI of the Texas Constitution. CZ-8036(TX) P4 11}.01 Page 3 of 1B 1007616056 Initials: C Form 3044.1 1/01 (rev. 10/031 Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 12 of 41 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. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. 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 14. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Extension of Credit current. Lender may accept any payment or partial payment insufficient to bring the Extension of Credit current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payment 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 Extension of Credit current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under 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 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. I niti est-- tiA 1007616056 C>-8036iTX)(041110, Page 4 of 18 Form 3044.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 13 of 41 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can 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; and (c) premiums for any and all insurance required by Lender under Section 5. These items are called "Escrow Items." At origination or at any time during the term of the Extension of Credit, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 14 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. CD-8036(7X) (0411).01 Initials: kie& mc1007616056 Page 5 of 18 Form 3044.1 1101 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 14 of 41 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Extension of Credit. 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 Extension of Credit. 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 Extension of Credit, 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. 1:2C Initials: AA C. 1007616056 CD-8036{TX) (0411).01 Page 6 al 18 Form 3044.1 1101 {rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 15 of 41 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 Under, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 21 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 now occupies and uses the Property as Borrower's Texas homestead and shall continue to occupy the Property as Borrower's Texas homestead for at least one year after the date of this Security Instrument, 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. ©-80361TX)10411) 01 itiAr 1007616056 lnitiat Page 7 of 18 Form 3044.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 16 of 41 8. Borrower's Loan Application. Borrower's actions shall constitute actual fraud under Section 50(a)(6)(c), Article XVI of the Texas Constitution and Borrower shall be in default and may be held personally liable for the debt evidenced by the Note and this Security Instrument 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 or any other action or inaction that is determined to be actual fraud. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as a Texas homestead, the representations and warranties contained in the Texas Home Equity Affidavit and Agreement, and the execution of an acknowledgment of fair market value of the property as described in Section 27. 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 andlor 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 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. No powers are granted by Borrower to Lender or Trustee that would violate provisions of the Texas Constitution applicable to Extensions of Credit as defined by Section 50(a)(6), Article XVI of the Texas Constitution or other Applicable Law. 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. 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 lnitials:1:— (2(1 M c 1007616056 ©43036(TX) {0411).01 Page 8 of I B Form 3044.1 1101 (rev. 10/031 Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 17 of 41 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 which is not commenced as a result of Borrower's default under other indebtedness not secured by a prior valid encumbrance against the homestead, 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 18, 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. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or CD-8036(TX) coailoi ; i) Mt. 1007616056 Initials:, Page 9 of is - Form 3044.1 1101 (rev. 10103) Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 18 of 41 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. 12. Joint and Several Liability; Security Instrument Execution; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any person who signs this Security Instrument, but does not execute the Note: (a) is signing this Security Instrument only to mortgage, grant and convey the person's interest in the Property under the terms of this Security Instrument and to comply with the requirements of Section 50(a)(6)(A), Article XVI of the Texas Constitution; (b) is not obligated to pay the sums secured by this Security Instrument and is not to be considered a guarantor or surety; (c) agrees that this Security. Instrument establishes a voluntary lien on the homestead and constitutes the written agreement evidencing the consent of each owner and each owner's spouse; and (d) agrees that Lender and Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of the Note. Subject to the provisions of Section 17, 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 19) and benefit the successors and assigns of Lender. 13, Extension of Credit 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 Extension of Credit is subject to a law which sets maximum Extension of Credit charges, and that law is finally interpreted so that the interest or other Extension of Credit charges collected or to be collected in connection with the Extension of Credit exceed the permitted limits, then: (a) any such Extension of Credit 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 will make this refund by making a payment to Borrower. The Lender's payment of any such refund will extinguish any right of action Borrower might have arising out of such overcharge. 14. 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 (but, by certified mail if the notice is given pursuant to Section 19) 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 /c/C /;•4 c 1007616056 (C)-8036(TX) (0411).01 Page 10 of 1 B Form 3044.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 19 of 41 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. 15. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the laws of Texas. All rights and obligations contained in this Security 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. 16. Borrower's Copies. Borrower shall be given at the time this Extension of Credit is made, a copy of all documents signed by Borrower related to the Extension of Credit. 17. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 17, "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 14 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. 18. 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, insofar as allowed by Section 50(a)(6), Article XVI of the Texas Constitution, 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 1007616056 ert-130361TX)10-411301 'nun, (2. Page 11 of 18 Form 3044.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 20 of 41 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 17. 19. Sale of Note; Change of Loan Servicer; Notice of Grievance; Lender's Right-to-Comply. 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 requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Extension of Credit 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 14) 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. For example, Section 50(a)(6)(Q)(x), Article XVI of the Texas Constitution, generally provides that a lender has 60 days to comply with its obligations under the extension of credit after being notified by a borrower of a failure to comply with any such obligation. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 21 and the notice of acceleration given to Borrower pursuant to Section 17 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 19. It is Lender's and Borrower's intention to conform strictly to provisions of the Texas Constitution applicable to Extensions of Credit as defined by Section 50(a)(6), Article XVI of the Texas Constitution. All agreements between Lender and Borrower are hereby expressly limited so that in no event shall any agreement between Lender and Borrower, or between either of them and any third party, be construed not to allow Lender 60 days after receipt of notice to comply, as provided in this Section 19, with Lender's obligations under the Extension of Credit to the full extent permitted by Section 50(a)(6), Article XVI of the Texas Constitution. Borrower understands that the Extension of Credit is being made on the condition that Lender shall have 60 days after receipt of notice to comply with the provisions of Section 50(a)(6), Article XVI of the Texas Constitution. As a precondition to taking any action premised on failure of Lender to comply, Borrower will advise Lender of the noncompliance by a notice given as required by Section 14, and will give Lender 60 days after such notice has been received by Lender to comply. Except as otherwise required by Applicable Law, only after Lender has received said notice, has had 60 days to comply, and Lender has failed to comply, shall all principal and interest be forfeited by Lender, as required by Section 50(a)(6)(Q)(x), Article XVI of the Texas Constitution in connection with failure by Lender to comply with its obligations under this Extension of Credit. Borrower will cooperate in reasonable efforts to correct any failure by Lender to comply with Section 50(a)(6), Article XVI of the Texas Constitution. tr-8036(TX) (0411).01 O Page 12 of 18 / tic ik,10007616056 Initiats: Form 3044.1 1101 (rev. 10103) Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 21 of 41 In the event that, for any reason whatsoever, any obligation of Borrower or of Lender pursuant to the terms or requirements hereof or of any other loan document shall be construed to violate any of the provisions of the Texas Constitution applicable to Extensions of Credit as defined by Section 50(a)(6), Article XVI of the Texas Constitution, then any such obligation shall be subject to the provisions of this Section 19, and the document may be reformed, by written notice from Lender, without the necessity of the execution of any amendment or new document by Borrower, so that Borrower's or Lender's obligation shall be modified to conform to the Texas Constitution, and in no event shall Borrower or Lender be obligated to perform any act, or be bound by any requirement which would conflict therewith. All agreements between Lender and Borrower are expressly limited so that any interest, Extension of Credit charge or fee collected or to be collected (other than by payment of interest) from Borrower, any owner or the spouse of any owner of the Property in connection with the origination, evaluation, maintenance, recording, insuring or servicing of the Extension of Credit shall not exceed, in the aggregate, the highest amount allowed by Applicable Law. It is the express intention of Lender and Borrower to structure this Extension of Credit to conform to the provisions of the Texas Constitution applicable to Extensions of Credit as defined by Section 50(a)(6), Article XVI of the Texas Constitution. If, from any circumstance whatsoever, any promise, payment, obligation or provision of the Note, this Security Instrument or any other loan document involving this Extension of Credit transcends the limit of validity prescribed by Applicable Law, then any promise, payment, obligation or provision shall be reduced to the limit of such validity, or eliminated as a requirement if necessary for compliance with such law, and such document may be reformed, by written notice from Lender, without the necessity of the execution of any new amendment or new document by Borrower. Lender's right-to-comply as provided in this Section 19 shall survive the payoff of the Extension of Credit. The provision of this Section 19 will supersede any inconsistent provision of the Note or this Security Instrument. 20. Hazardous Substances. As used in this Section 20: (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 1007616056 Z-8036(TX)10411).01 Page 13 of 18 Form 3044.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 22 of 41 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. 21. 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 17 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. Insofar as allowed by Section 50(a)(6), Article XVI of the Texas Constitution, Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 21, including, but not limited to, court costs, reasonable attorneys' fees and costs of title evidence. The lien evidenced by this Security Instrument may be foreclosed upon only by a court order. Lender may, at its option, follow any rules of civil procedure promulgated by the Texas Supreme Court for expedited foreclosure proceedings related to the foreclosure of liens under Section 50(a)(6), Article XVI of the Texas Constitution ("Rules"), as amended from time to time, which are hereby incorporated by reference. The power of sale granted herein shall be exercised pursuant to such Rules, and Borrower understands that such power of sale is not a confession of judgment or a power of attorney to confess judgment or to appear for Borrower in a judicial proceeding. 22. Power of Sale. It is the express intention of Lender and Borrower that Lender shall have a fully enforceable lien on the Property. It is also the express intention of Lender and Borrower that Lender's default remedies shall include the most expeditious means of foreclosure available by law. Accordingly, Lender and Trustee shall have all the powers provided herein except insofar as may be limited by the Texas Supreme Court. To the extent the Rules do not specify a procedure for the exercise of a power of sale, the following provisions of this Section 22 shall apply, 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 of sale 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. In the event of any conflict between such procedure and the Rules, the Rules shall prevail, and this provision shall automatically be reformed to the extent necessary to comply. 40X)-8036(TX) to411).o1 cv. Pogo 14 of 18 v L ,,, 1007616056 Form 3044.1 1101 (rev. 10103) Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 23 of 41 Trustee shall deliver to the purchaser who acquires title to the Property pursuant to the foreclosure of the lien a 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, court costs and 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. Within a reasonable time after termination and full payment of the Extension of Credit, Lender shall cancel and return the Note to the owner of the Property and give the owner, in recordable form, a release of the lien securing the Extension of Credit or a copy of an endorsement of the Note and assignment of the lien to a lender that is refinancing the Extension of Credit. Owner shall pay only recordation costs. OWNER'S ACCEPTANCE OF SUCH RELEASE, OR ENDORSEMENT AND ASSIGNMENT, SHALL EXTINGUISH ALL OF LENDER'S OBLIGATIONS UNDER SECTION 50(a)(6), ARTICLE XVI OF TIlE TEXAS CONSTITUTION. 24. Non-Recourse Liability. Lender shall be subrogated to any and all rights, superior title, liens and equities owned or claimed by any owner or holder of any liens and debts outstanding immediately prior to execution hereof, regardless of whether said liens or debts are acquired by Lender by assignment or are released by the holder thereof upon payment. Subject to the limitation of personal liability described below, each person who signs this Security Instrument is responsible for ensuring that all of Borrower's promises and obligations in the Note and this Security Instrument are performed. Borrower understands that Section 50(a)(6)(C), Article XVI of the Texas Constitution provides that the Note is given without personal liability against each owner of the Property and against the spouse of each owner unless the owner or spouse obtained this Extension of Credit by actual fraud. This means that, absent such actual fraud, Lender can enforce its rights under this Security Instrument solely against the Property and not personally against the owner of the Property or the spouse of an owner. If this Extension of Credit is obtained by such actual fraud, then, subject to Section 12, Borrower will be personally liable for the payment of any amounts due under the Note or this Security Instrument. This means that a personal judgment could be obtained against Borrower, if Borrower fails to perform Borrower's responsibilities under the Note or this Security Instrument, including a judgment for any deficiency that results from Lender's sale of the Property for an amount less than is owing under the Note, thereby subjecting Borrower's other assets to satisfaction of the debt. If not prohibited by Section 50(a)(6)(C), Article XVI of the Texas Constitution, this Section 24 shall not impair in any way the lien of this Security Instrument or the right of Lender to collect all sums due under the Note and this Security Instrument or prejudice the right of Lender as to any covenants or conditions of the Note and this Security Instrument. 1007616056 Initials: ©-8036(TX) (04111.01 Paga 15 ot 18 Form 3044.1 1/01 {rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 24 of 41 25. Proceeds. Borrower has not been required to apply the proceeds of the Extension of Credit to repay another debt except a debt secured by the Property or debt to another lender. 26. No Assignment of Wages. Borrower has not assigned wages as security for the Extension of Credit. 27. Acknowledgment of Fair Market Value. Lender and Borrower have executed a written acknowledgment as to the fair market value of Borrower's Property on the date the Extension of Credit is made. 28. 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. 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. 29. Acknowledgment of Waiver by Lender of Additional Collateral. Borrower acknowledges that Lender waives all terms in any of Lender's loan documentation (whether existing now or created in the future) which (a) create cross default; (b) provide for additional collateral; and/or (c) create personal liability for any Borrower (except in the event of actual fraud), for the Extension of Credit. This waiver includes, but is not limited to, any (a) guaranty; (b) cross collateralization; (c) future indebtedness; (d) cross default; and/or (e) dragnet provisions in any loan documentation with Lender. MGM 1007616056 C:1-8.036(TX) 04111 01 Page 16 of 18 Form 3044.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 25 of 41 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. [DO NOT SIGN IF IIILRE ARE BLANKS LEFT TO BE COMPLETED IN THIS DOCUMENT. THIS DOCUMENT MUST BE EXECUTED AT THE OEFICE OF LENDER, AN ATTORNEY AT LAW OR A TITLE COMPANY. YOU MUST RECEIVE A COPY OF THIS DOCUMENT AFIT.,R YOU HAVE SIGNED IT.] YOU MAY, WITHIN 3 DAYS AFTER CLOSING, RESCIND THIS EXTENSION OF CREDIT WITHOUT PENALTY OR CHARGE. (Seal) Lve i Co Ie LOEL COLEMAN Printed Name: -Borrower (Please Complete] (Seal) -Borrower Printed Name- NI Cir Ci ColeklAttn [Please Complete] (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower 1007616056 Cti)-8036ITX)paiihoi Page 17 of 18 Form 3044.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 26 of 41 STATE OF TEXAS County of W-4-1-1-4-trytrs-on TPA . Before me J AS'irtc rct4 Lie[ Ccitil-7cki. /110.(7k on this day personally appeared known to me (or proved to me on the oath of or through T)C,C__ ) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/shei executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of 71/Y-15 0004 (Seal) My Commission Expires: / C)-8036(TX)(0411).01 (LAC 1007616056 Page 18 of 10 Form 3044.1 1/01 (rev. 10/031 Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 27 of 41 We hereby certify this to be a true and co ct opy of the original dog ee By: J Return To: Home123 Corporation 3351 Michelson Drive, Ste 400 Irvine, CA 92612 Prepared By: Home123 Corporation 3351 Michelson Drive, Ste 400 Irvine, CA 92612 [To Be Recorded With Security Instrument. Space Above This Line for Recording Data] TEXAS HOME EQUITY AFFIDAVIT AND AGREEMENT (First Lien) (Do not sign this Texas Home Equity Affidavit and Agreement until you have executed an Acknowledgment Regarding Fair Market Value, and received and reviewed the Texas Home Equity Note and the Texas Home Equity Security Instrument.) State of TEXAS Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared LOEL COLEMAN and on oath such individual, or each of them, swears that the following statements are true: I. REPRESENTATIONS AND WARRANTIES: A. I am a borrower named in the Texas Home Equity Note (the "Note") or the owner or spouse of an owner of the property described in the Texas Home Equity Security Instrument (the "Security Instrument" which 1007616056 TEXAS HOME EQUITY AFFIDAVIT AND AGREEMENT (First Lienl-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 31E35 1101 (rev.10/03) Ici)—" llryC VMP Marione Solutions 18001521.7291 (ID -8034(TX) 0310) Page 1 of 6 Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 28 of 41 term includes any riders to the Texas Home Equity Security Instrument), both bearing date of May' 11, 2006 , evidencing and securing an extension of credit as defined by Section 50(a)(6), Article XVI of the Texas Constitution (the "Extension of Credit") and providing for a lien on the following described property (the "Property") located in Wi 11 i arnson County, Texas: LOT 23. BLOCK 9. CEDAR PARK RANCHETTS, UNIT FOUR. A SUBDIVISION IN WILLIAMSON COUNTY. TEXAS, ACCORDING TO THE MAP OR PLAT RECORDED IN CABINET B, SLIDE 50, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. Parcel ID Number: R034230 which has the address of:205 COUGAR AVENUE N Cedar Park [City], Texas 78613- [Zip Code] ("Property AddrteSsiTsee")1. The Property includes all incidental rights in and to the Property including all improvements now or hereafter erected on the Property, and al) easements, appurtenances, and fixtures now or hereafter a part of the Property. Al) replacements and additions are included as well as any interest in a planned unit development, condominium project, homeowners' association or equivalent entity owning or managing common areas or facilities associated with the Property. All of the foregoing is referred to herein as the Property, provided however that the Property is limited to homestead property in accordance with Section 50(a)(6)(H), Article XVI of the Texas Constitution. The Property does not include any additional real or personal property not included within the definition of homestead in accordance with applicable law including but not limited to Sections 41.002(a), (b), and (c) of the Texas Property Code which provide: Section 41.002 Definition of Homestead (a) If used for the purposes of an urban home or as both an urban home and a place to exercise a calling or business, the homestead of a family or a single, adult person, not otherwise entitled to a homestead, shall consist of not more than 10 acres of land which may be in one or more contiguous lots, together with any improvements thereon. (b) if used for the purposes of a rural home, the homestead shall consist of: (1) for a family, not more than 200 acres, which may be in one or more parcels, with the improvements thereon; or (2) for a single, adult person, not otherwise entitled to a homestead, not more than 100 acres, which may be in one or more parcels, with the improvements thereon. (c) A homestead is considered to be urban if, at the time the designation is made, the property is: (1) located within the limits of a municipality or its extraterritorial jurisdiction or a platted subdivision; and (2) served by police protection, paid or volunteer fire protection, and at least three of the following services provided by a municipality or under contract to a municipality: (A) electric; (B) natural gas; (C) sewer; (D) storm sewer; and (E) water. B. I understand that the lender making the Extension of Credit is Home123 Corporation (the "Lender"). C. The undersigned includes all owners and spouses of owners of the Property and all borrowers named in the Note. 1007616056 2"--re-'( (1/1 Cip -8034(TX) 103101 Page2of6 Form 3185 1/01 (rev.10103) Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 29 of 41 0. The Extension of Credit is secured by a voluntary lien on the Property created under a written agreement with the consent of all owners and all spouses of owners, and execution of this Texas Home Equity Affidavit and Agreement is deemed evidence of such consent. E. The Extension of Credit is of a principal amount that, when added to the aggregate total of the outstanding principal balances of all other indebtedness secured by valid encumbrances of record against the Property, does not exceed eighty percent (80%) of the fair market value of the Property on the date the Extension of Credit is made. F. I have not paid any fee or charge that is not disclosed in the HUD-1 or HUD-1A Settlement Statement. G. Neither the Lender nor any other party has required any additional collateral (real or personal property), other than the Property described in the Security Instrument, to secure the Extension of Credit. If. The Property is not designated for agricultural use as provided by statutes governing property tax, unless such Property is used primarily for the production of milk. I. The Extension of Credit is the only loan made pursuant to Section 50(a)(6), Article XVI of the Texas Constitution that will be secured by the Property at the time the Extension of Credit is funded. J. The Note and Security Instrument have not been signed before the twelfth (12th) day after the later of the date the owner of the Property submitted an application to the Lender, or the Lender's representative for the Extension of Credit, or the date that the Lender, or the Lender's representative provided the owner with a copy of the Notice Concerning Extensions of Credit defined by. Section 50(a)(6), Article XVI of the Texas Constitution (the "Notice!). K. The Note and Security Instrument have not been signed before one business day after the date that the owner of the Property received a final itemized disclosure of the actual fees, points, interest, costs, and charges that would be charged at closing or a bona fide emergency or other good cause exists and the owner of the Property hereby consents to the Lender providing or modifying such final itemized disclosure on the date of the signing of the Note and Security.. Instrument and execution of this Texas Home Equity Affidavit and Agreement is deemed evidence of such consent. L. If I am an owner of the Property, I received the Notice in English. If the discussions with the borrowers named in the Note were conducted primarily in a language other than English, the borrowers named in the Note received from Lender, or Lender's representative, before closing, an additional copy of the Notice translated into the written language in which the discussions were conducted. M. The Extension of Credit is being closed, that is I am signing the loan documents, at the office of the Lender, an attorney at law, or a title company. N. It has been at least one year since the closing date of any other extension of credit made pursuant to Section 50(a)(6), Article XVI of the Texas Constitution secured by the Property, unless (i) this Extension of Credit is a refinance of a prior extension of credit pursuant to Section 50(a)(6), Article XVI of the Texas Constitution, and is being made to cure the failure of any lender or holder of the prior extension of credit to comply with its obligations under the prior extension of credit (referred to here as a cure refinance) or (ii) the prior extension of credit was a cure refinance, in which case it has been at least one year since the closing date of the most recent extension of credit prior to a cure refinance. 0. No owner of the Property has been required to apply the proceeds of this Extension of Credit to repay another debt, unless such other debt, if any, is a debt secured by the Property or is a debt to another lender. P. No owner of the Property has been required to assign wages as security for the Extension of Credit. Q. No owner of the Property has signed an instrument in which applicable blanks were left to be filled in. There are no blanks in this Texas Home Equity Affidavit and Agreement, the Note, or the Security Instrument. R. No owner of the Property has signed a confession of judgment or given a power of attorney to the Lender or to a third person to confess judgment or to appear for any owner of the Property in a judicial proceeding. S. To the best of my knowledge and belief, all owners of the Property, after receiving a copy of all documents signed by them, will sign a receipt acknowledging the delivery of such copies. T. I have been notified in the Security Instrument of the right of the owner and the spouse of any owner to rescind the Extension of Credit without penalty or charge within three (3) days after the closing. U. The Lender and each owner of the Property have signed a written acknowledgment as to the fair market value of the Property on the date the Extension of Credit is made. CD -8034(TX) (0310) Page 3 of 6 1007616056 hithals2--(Yee M (- Form 3185 1/01 (rev.10/03) Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 30 of 41 V. The Property is not being purchased with any part of the proceeds of the Extension of Credit. W. Unless Lender otherwise agrees in writing, all borrowers named in the Note shall occupy the Property as their homestead pursuant to the terms of the Security Instrument. X. I understand that the Extension of Credit is not a form of open-end account that may be debited from time to time or under which credit may be extended from time to time. Lender, at its option, may make monetary advances to protect: the Property (i.e. pay real estate taxes, hazard insurance payments, etc.) in accordance with the Security Instrument. Y. I understand that the Note, Security Instrument, and this Texas Home Equity Affidavit and Agreement define the terms of the Extension of Credit and are to be construed as an entirety, II. AGREEMENT PROVISIONS: A. No Personal Liability in the Absence of Actual Fraud. I understand that pursuant to Section 50(a)(6)(C), Article XVI of the Texas Constitution the Extension of Credit is without recourse for personal liability against each owner of the Property and the spouse of each owner and that Lender and its successors and assigns can enforce the promises and obligations in the Note and the Security Instrument solely against the Property, unless an owner or spouse of an owner obtains the Extension of Credit by actual fraud. B. Inducement and Reliance. I understand that my execution of this Texas Home Equity Affidavit and Agreement is made to induce Lender and its successors and assigns to make or purchase the Extension of Credit, and that Lender and its assigns will rely on it as additional consideration for making or purchasing the Extension of Credit. I also understand that each of the statements made in the Representations and Warranties Section is material and will be acted upon by the Lender and its assigns, and that if such statement is false or made without knowledge of the truth, the Lender and its assigns will suffer injury. C. Remedies in the Event of Actual Fraud. If any owner of the Property, or the spouse of an owner, obtains the Extension of Credit by actual fraud, then each owner, spouse of each owner and all borrowers named in the Note agree to indemnify and save Lender and its successors and assigns harmless against any loss, costs, damages, attorneys' fees, expenses and liabilities which Lender may incur or sustain in connection with such actual fraud and any court action arising therefrom and will pay the same upon demand. In addition, the borrowers named in the Note may become personally liable for repayment of the Extension of Credit. D. Opportunity for Lender to Comply. It is agreed that, except as required by law, the. Lender or any holder of the Note for the Extension of Credit shall not forfeit any principal or interest on the Extension of Credit by reason of failure by Lender or holder to comply with its obligations under the Extension of Credit, unless the Lender or holder of the Note fails to correct the failure to comply not later than the 60th day after the borrower notifies the Lender or holder of the Note of its failure to comply. E. Tax Advice. It is agreed that it is the borrower's responsibility to determine any and all aspects of tax considerations related to the Extension of Credit. I have not relied on any tax advice provided by Lender or Lender's representatives. It is my responsibility to seek and obtain independent tax advice. 1007616056 C;) -8034(TX)10310) Page 4 of 6 Form 3185 1/01 (rev.10/03} Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 31 of 41 DI. STATEMENT UNDER OATH I hereby swear under oath that the representations and warranties referred to and set forth in Section I above are true and correct. 1 understand that this Texas Home Equity Affidavit and Agreement is part of the Extension of Credit documentation. [DO NOT SIGN IF THERE ARE BLANKS LEFT TO BE COMPLETED IN THIS DOCUMENT. THIS TEXAS HOME EQUITY AFFWAYIT AND AGREEMENT MUST BE EXECUTED AT nit, OFFICE OF TN h. LENDER, AN ATTORNEY AT LAW, OR A TITLE COMPANY BY ALL OWNERS OF TITLE PROPERTY, SPOUSES OF OWNERS, AND BORROWERS NAMED IN Tab NOTE. YOU MUST REGFAVE A COPY OF THIS DQCLJA ENT AFTER YOU HAVE SIGNED IT.] \ n (Borrower or Owner or Spouse of Owner) (Borrower or Owner or Spouse of Owner) LOEL COLEMAN (Borrower or Owner or Spouse of Owner) (Borrower or Owner or Spouse of Owner) (Borrower or Owner or Spouse of Owner) (Borrower or Owner or Spouse of Owner) (Borrower or Owner or Spouse of Owner) (Borrower or Owner or Spouse of Owner) 1007616056 1102) -8034(1-X) lo31o) O Page 5 of 6 Form 3185 1/01 trev.10/03) Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 32 of 41 SWORN TO AND SUBSCRIBED before me on this [PERSONALIZED SEAL] 11 Notary Public T Ajt-Ict-6444- Printed Name of Notary My Commission Expires: I /G. J. ASHCRAFT COMMLISION EXPIRES x. P.J nt;Ory 6,200!) ADVISORY NOTICE ALL STATEMENTS IN THE FOREGOING TEXAS HOME EQUITY AFFIDAVIT AND AGREEMENT ARE MADE UNDER OATH. IF ANY SUCH STATEMENT IS MADE WITH KNOWLEDGE THAT SUCH STATEMENT IS FALSE, THE PERSON MAKING SUCH FALSE STATEMENT MAY BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES UNDER APPLICABLE LAW, MAY BE PERSONALLY LIABLE ON THE NOTE AND MAY CAUSE ALL OTHER BORROWERS NAMED IN THE NOTE TO BE PERSONALLY LIABLE ON THE NOTE. Ci) -8034(TX) *310) Pepe 6 of 6 1007616056 (--- 1:2C. AA C Form 3185 1101 (rev.10/03) Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 33 of 41 I THIS IS AN EXTENSION OF CREDIT AS DEFINED BY SECTION 50(a)(6), ARTICLE XVI OF IHE TEXAS CONSTITUTION May 11. 2006 ]Date] TEXAS HOME EQUITY NOTE (Fixed Rate - First Lien) Cedar Park [City] 205 COUGAR AVENUE N, Cedar Park, TX 78613- We hereby certify this to be a trot an correct co of the original. By: New Century Financial Texas [State] [Property Address] 1. BORROWER'S PROMISE TO PAY This is an extension of credit as defined by Section 50(a)(6), Article XVI of the Texas Constitution (the "Extension of Credit"). In return for the Extension of Credit that I have received evidenced by this Note, I promise to pay U.S. $80,000.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is liome123 Corporation . I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." I understand that this is not an open-end account that may be debited from time to time or under which credit may be extended from time to time. The property described above by the Property Address is subject to the lien of the Security Instrument executed concurrently herewith (the "Security Instrument"). 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 7.315 %. It is agreed that the total of all interest and other charges that constitute interest under applicable law shall not exceed the maximum amount of interest permitted by applicable law. Nothing in this Note or the Security Instrument shall entitle the Note Holder upon any contingency or event whatsoever, including by reason of acceleration of the maturity or Prepayment of the Extension of Credit, to receive or collect interest or other charges that constitute interest in excess of the highest rate allowed by applicable law on the Principal or on a monetary obligation incurred to protect the property described above authorized by the Security Instrument, and in no event shall I be obligated to pay interest in excess of such rate. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning Jul y 1, 2006 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on 06 /01 /2036 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 3351 Michelson Drive, Ste 400. Irvine, CA 92612 or at a different place if required by the Note Holder. 1007616056 TEXAS HOME EQUITY NOTE (Fixed Rate-First Lien)-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 14M)-8035(TX) t0310) Page ti 4 VMP Mortgage Solutions (800)521-7291 Form 3244.1 1/01 (rev. 10/03) Initials: 11111111110111111111 Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 34 of 41 (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $549.28 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. Should the Note Holder agree in writing to such changes, my payments thereafter will be payable in substantially equal successive monthly installments. 5. LOAN CHARGES All agreements between Note Holder and me are expressly limited so that any interest, loan charges, or fees (other than interest) collected or to be collected from me, any owner or the spouse of any owner of the property described above in connection with the origination, evaluation, maintenance, recording, insuring or servicing of the Extension of Credit shall not exceed, in the aggregate, the highest amount allowed by applicable law. If a law, which applies to this Extension of Credit and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this Extension of Credit 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 me which exceeded permitted limits will be refunded to me. The Note Holder will make this refund by making a payment to me. The Note Holder's payment of any such refund will extinguish right of action I might have arising out of such overcharge. It is the express intention of the Note Holder and me to structure this Extension of Credit to conform to the provisions of the Texas Constitution applicable to extensions of credit as defined by Section 50(a)(6), Article XVI of the Texas Constitution. If, from any circumstance whatsoever, any promise, payment, obligation or provision of this Note, the Security Instrument or any other loan document involving this Extension of Credit transcends the limit of validity prescribed by applicable law, then such promise, payment, obligation or provision shall be reduced to the limit of such validity or eliminated as a requirement, if necessary for compliance with such law, and such document may be reformed by written notice from the Note Holder without the necessity of the execution of any new amendment or new document by me. The provisions of this Section 5 shall supersede any inconsistent provision of this Note or the Security Instrument. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of fi ft een calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % 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 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. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. This Note may not be accelerated because of a decrease in the market value of the property described above or because of my default under any indebtedness not evidenced by this Note or the Security Instrument. (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. 1007616056 Initials: re C. (2t)-8035{TX) to310) Page 2 of 4 Form 3244.1 1101 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 35 of 41 lb (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, including Section 50(a)(6), Article XVI of the Texas Constitution. Those expenses include, for example, reasonable attorneys' fees. I understand that these expenses are not contemplated as fees to be incurred in connection with maintaining or servicing this Extension of Credit. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. However, if the purpose of the notice is to notify Note Holder of failure to comply with Note Holder's obligations under this Extension of Credit, or noncompliance with any provisions of the Texas Constitution applicable to extensions of credit as defined by Section 50(a)(6), Article XVI of the Texas Constitution, then notice by certified mail is required. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE Subject to the limitation of personal liability described below, each person who signs this Note is responsible for ensuring that all of my promises and obligations in this Note are performed, including the payment of the full amount owed. Any person who takes over these obligations is also so responsible. I understand that Section 50(a)(6)(C), Article XVI of the Texas Constitution provides that this Note is given without personal liability against each owner of the property described above and against the spouse of each owner unless the owner or spouse obtained this Extension of Credit by actual fraud. This means that, absent such actual fraud, the Note Holder can enforce its rights under this Note solely against the property described above and not personally against any owner of such property or the spouse of an owner. If this Extension of Credit is obtained by such actual fraud, I will be personally liable for the payment of any amounts due under this Note. This means that a personal judgment could be obtained against me if I fail to perform my responsibilities under this Note, including a judgment for any deficiency that results from Note Holder's sale of the property described above for an amount less than is owing under this Note. If not prohibited by Section 50(a)(6)(C), Article XVI of the Texas Constitution, this Section 8 shall not impair in any way the right of the Note Holder to collect all sums due under this Note or prejudice the right of the Note Holder as to any promises or conditions of this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. SECURED NOTE In addition to the protections given to the Note Holder under this Note, the Security Instrument, dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 14 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. 1007616056 Initials: Ct)-8035(TX) (0310) Page 3 of 4 Form 3244.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 36 of 41 dl 11. APPLICABLE LAW This Note shall be governed by the law of Texas and any applicable federal law. In the event of any conflict between the Texas Constitution and other applicable law, it is the intent that the provisions of the Texas Constitution shall be applied to resolve the conflict. In the event of a conflict between any provision of this Note and applicable law, the applicable law shall control to the extent of such conflict and the conflicting provisions contained in this Note shall be modified to the extent necessary to comply with applicable law. All other provisions in this Note will remain fully effective and enforceable. 12. NO ORAL AGREEMENTS THIS NOTE CONSTITUTES A "WRITTEN LOAN AGREEMENT" PURSUANT TO SECTION 26.02 OF THE TEXAS BUSINESS AND COMMERCE CODE, IF SUCH SECTION APPLIES. THIS WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PAR ilES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF TILE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (DO NOT SIGN IF THERE ARE BLANKS LEFT TO BE COMPLETED. IN THIS DOCUMENT. THIS DOCUMENT MUST BE EXECUTED AT [HE OFFICE OF THE LENDER, AN ATTORNEY AT LAW OR A TITLE COMPANY. YOU MUST RECEIVE A COPY OF THIS DOCUMENT AFTER YOU HAVE SIGNED IT.] (Seal) (Seal) LOEL COLEMAN -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower [Sign Original Only' 1007616056 ©-8035(TX) to310) Page 4 of 4 Form 3244.1 1/01 trey. 10/03) Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 37 of 41 OCWEN WWW.00WEN.COM May 04, 2011 VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515141307635 Reference Code: 1105 Loel Coleman 205 Cougar Avenue North Cedar Park, TX 78613-2318 Loan Number: 705784759 Property Address: 205 Cougar Avenue North , Cedar Park, TX 78613-0000 NOTICE OF DEFAULT AVISO IMPORTANTE PARA PERSONAS DE HABLA HISPANA: Esta notification es de suma importancia. Puede afectar su derecho a continuar viviendo en su casa. Si no entiende su contenido, obtenga una traduccion inmediatamente o contactenos ya que tenemos representantes que hablan espanol y estan disponibles para asistir. Dear Borrower (s): SPECIAL NOTICE IN THE EVENT YOU HAVE FILED BANKRUPTCY If you have received a Chapter 7 discharge under the Bankruptcy Code of the United States or if your mortgage is the type which has been discharged pursuant to a completed Chapter 13 plan, this notice is not intended and does not constitute an attempt to collect a debt against you personally. If the foregoing applies to you, this notice is sent to you only as a preliminary step to a foreclosure on the mortgage against the above-referenced property. Provisions may be contained within your mortgage/deed of trust that require notice prior to foreclosure. As such, this is not an attempt to assert that you have any personal liability for this debt. In addition, if you have recently filed a petition under the Bankruptcy Code, this notice has been sent to you because OCWEN has not been notified of your bankruptcy case. If the foregoing applies to you, it is IMPORTANT that you or your bankruptcy attorney contact us immediately and provide us with the following information: date and jurisdiction of your filing, your case number and the bankruptcy chapter number under which you have filed. If you have not recently filed bankruptcy or received a bankruptcy discharge, you are hereby notified that this letter is an attempt to collect a debt. All information obtained will be used for that purpose. The debt is owed to OCWEN as the owner or servicer of your home loan and mortgage. Unless you dispute the validity of the debt, or any portion thereof, within thirty (30) days after receipt of this letter, the debt will be assumed to be valid by OCWEN. If you notify OCWEN in writing within the thirty (30) days that the debt or a portion of the debt is disputed, OCWEN will send you verification of the debt. Verification of the debt or a portion thereof may be requested in writing from the Loan Resolution Consultant within thirty (30) days as specified above. The failure to dispute the validity of the debt may not be construed by any court as an admission of liability by you. Your mortgage payments are past due, which puts you in default of your loan agreement. As of May 04, 2011, you owe the following: Principal and Interest $ 840.16 Interest Arrearage $ 0.00 Escrow $ 796.90 Late Charges $ 0.00 Insufficient Funds Charges $ 0.00 Fees / Expenses $ 0.00 Suspense Balance (CREDIT) $ 412.54 Interest Reserve Balance (CREDIT) $ 0.00 TOTAL DUE $ 1,224.52 On or before June 04, 2011, you must submit payment by Money Gram, Bank Check, Money Order or Certified Funds for the entire total due amount stated above to the appropriate address listed at the bottom of page two of this notice. Any payment(s) that come due in the interim must also be included. DEMANDTX.22 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt. NMLS # 1852 Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 38 of 41 O C W E WWW.00WEN.COM Failure to bring your account current will result in our election to exercise our right to foreclose on your property. Upon acceleration, your total obligation will be immediately due and payable without further demand. In foreclosure proceedings, we are entitled to collect your total arrearage in addition to any expenses of foreclosure, including but not limited to reasonable attorney's fees and costs. If your loan has already been accelerated and foreclosure proceedings already begun, we will continue the foreclosure action if possible. You have the right to assert in court the non-existence of a default or any other defense to. acceleration and foreclosure. OCWEN will work with bankruptcy lawyers, foreclosure defense lawyers, housing counselors, and other authorized representatives of our customers. However, we will only release non-public information once your written authorization has been obtained, as required by law. After acceleration of the debt, but prior to foreclosure, you may have the right to reinstate the mortgage loan, depending on the terms of the note and mortgage. We encourage you to review the provisions of the note and mortgage. Please be aware that, after acceleration of the debt, there may be expenses and attorney's fees and costs incurred by OCWEN to enforce the mortgage in addition to the overdue amount on the mortgage. Any payment to reinstate the mortgage loan after acceleration must therefore include an amount sufficient to cover such expenses and fees incurred. Payments received that are less than the amount required to reinstate the mortgage loan will be returned and will not stop any foreclosure proceedings that have begun. PRIOR TO SUBMITTING PAYMENT, YOU MAY WISH TO CALL ME TO VERIFY THE EXACT AMOUNT DUE. A HUD counseling agency may be able to provide you with assistance. To locate the HUD approved counseling agency in your area, call the HUD Housing Counseling Service at (800) 569-4287 or consult HUD's website at www.HUD.gov. If you are unable to bring your account current, I urge you to call us immediately to discuss possible alternatives to foreclosure. If you have the desire to remedy this situation we want to assist you in trying to reach that goal. OCWEN would like to present you with some of the alternatives that might be available regarding your delinquent mortgage loan. While our primary objective is the collection of past due amounts on your loan, we want to work with you to find the best available alternative for you to bring your mortgage loan obligation current. Sincerely, Ocwen Loan Servicing, LLC Toll Free Phone: 800-310-9229 ADDRESS WRITTEN CORRESPONDENCE TO: Research Department Ocwen Loan Servicing, LLC P.O. Box 24736 West Palm Beach, FL 33416-4736 PAYMENT REMITTANCE INFORMATION (always include Loan # 705784759 with your payment) Money Gram Receive Code: 2355 City: Orlando St: FL Loan # 705784759 Overnight Address Ocwen Loan Servicing, LLC 1661 Worthington Road Suite 100 West Palm Beach, Florida 33409 Attention: Cashiering. Department VIA Regular Mail Ocwen Loan Servicing, LLC P.O. Box 6440 Carol Stream, IL 60197-6440 OEM ANDTX.22 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt. NAILS # 1852 Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 39 of 41 OCWEN WWW.00WEN.COM Dear Customer, There is help available if you are having difficulty making your mortgage loan payments. You may be eligible for the Home Affordable Modification program, part of the initiative announced by President Obama to help homeowners. As your mortgage loan servicer, we will work with you in an effort to try to make your mortgage payment affordable. You will not pay any fees to take advantage of this opportunity to modify your mortgage loan payment and keep your home. Now is the time to act. We are ready to help you. HERE IS HOW 11 WORKS • We will first determine if you are eligible based on your situation • If you are eligible, we will look at your monthly income and housing costs, including any past due payments, and then determine an affordable mortgage payment • At first, you will make new, affordable monthly payments on your mortgage loan during a trial period • If you make those payments successfully and fulfill all trial period conditions, we will permanently modify your mortgage loan HOW THIS MAY CHANGE YOUR MORTGAGE The modification may involve some or all of the following changes to your mortgage loan; • Bringing your account current; • Reducing the interest rate on your loan; • Extending the term of the loan, and/or • Delaying your repayment of a portion of the mortgage principal until the end of the loan term HOW TO START THE PROCESS You can obtain the application via our website or if you do not have access to the web you can call us. • Download the application via the web at www.ocwencustomers.com o Click on the President's Foreclosure Prevention Plan link o Once you confirm that you meet the requirements, you can download the package directly from the web • Call us for an application package at 1-800-74-0CWEN (1-800-746-2936) o Hours of Operation — • 24 hrs a day Monday — Thursday ■ Friday 12:00am — 7:00pm ET ■ Saturday 9:00am — 4:00pm ET A complete application will be required and must also include a request for modification and affidavit form, a 4506T or 4506T-EZ, and evidence of income. WHAT IF I DO NOT QUALIFY FOR THE PROGRAM? There may be other options available to you such as; o Ocwen's alternative modification programs o HAFA (Home Affordable Foreclosure Alternatives) program o Ocwen's Deed In Lieu of Foreclosure o Ocwen's Short Sale program — Selling your home and payoff your mortgage at an approved discounted payoff amount We want to make the resolution of your situation as easy as possible and helping homeowners is what we do! Sincerely, Ocwen Loan Servicing 1661 Worthington Rd. Ste. 100 West Palm Beach, FL 33409 DEMANDTX.22 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt. NMLS 4 1852 Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 40 of 41 OCWEN WWW.00 WEN. C OM IMPORTANT NOTICE We to help VOL! oval fCre(losUrQ scam:. FINANCIAL COUNSELING SERVICES When you are experiencing a financial hardship, counseling may be a way to help you manage your finances. We urge you to contact HUD approved agencies to obtain assistance in keeping your home. This assistance is available at no charge. For specific guidance on this notice or information related to the Home Affordable Modification Program, ask the counselor for MHA HELP. HUD Approved Housing Counseling: 1-800-569-4287 www.ITUD.gov HOPE Hotline Number: 1-888-995-4673 Beware of Foreclosure Rescue Scams. Help is free! There is never a fee to get assistance or information about the Making Home Affordable program from your lender or a HUD-approved housing counselor. For a HUD-approved counselor, visit: http://www.hud.gov/offices/hsgtsfh/hcc/fc/ Beware of any person or organization that asks you to pay a fee in exchange for housing counseling services or modification of a delinquent loan. Beware of anyone who says they can "save" your home if you sign or transfer over the deed to your house. Do not sign over the deed to your property to any organization or individual unless you are working directly with your mortgage company to forgive your debt. Never make your mortgage payments to anyone other than your mortgage company without their approval. DEMANDTX.22 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt. NMLS # 1852 Case 1:16-cv-00404-LY-ML Document 29-3 Filed 07/12/16 Page 41 of 41 EXHIBIT D Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 1 of 61 Filed: 6/2/20153:05:07PM LisaDavid, DistrictClerk WilliamsonCounty, Texas JudyTenneyuque 15-0553-C277 WilliamsonCounty - 277thJudicialDistrictCourt Envelope# 5512797 Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 2 of 61 LOEL COLEMAN 205 COUGAR AVENUE N CEDAR PARK, TX 78613 MARIA COLEMAN 205 COUGAR AVENUE N CEDAR PARK, TX 78613 J 3. The property encumbered by the loan agreement, contract, or lien sought to be foreclosed ("Property") is commonly known as 205 COUGAR AVENUE N, CEDAR PARK, TX 78613 with the following legal description: LOT 23, BLOCK 9, CEDAR PARK RANCHETTS, UNIT FOUR, A SUBDIVISION IN WILLIAMSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT RECORDED IN CABINET B, SLIDE 50, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. 4. Petitioner alleges: A) The type of lien sought to be foreclosed is a home equity lien securing a debt created under Tex. Const. Art. XVI §50(a)(6). The lien is indexed at Document 2006042937 and recorded in the real property records of WILLIAMSON County, Texas. B) Petitioner has the authority to seek foreclosure of the lien because it is the Beneficiary of the security instrument. C) The name of each Respondent obligated to pay the underlying debt or obligation evidenced by the loan agreement, contract, or lien encumbering the property sought to be foreclosed is: LOEL COLEMAN; D) The name of each Respondent who is a mortgagor of the lien instrument sought to be foreclosed, but who is not a maker or assumer of the underlying debt, is: MARIA PETITIONER'S HOME EQUITY FORECLOSURE APPLICATION Page 2 Code No: 24076 MWZM No: 10-003754-670 Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 3 of 61 COLEMAN; E) As of 05/06/2015: 1. 47 monthly installments have not been paid. The amount required to cure the default is $37,612.72. According to Petitioner's records, all lawful offsets, payments, and credits have been applied to the account in default. 2. The total amount required to pay off the loan agreement, contract, or lien is $136,249.46. F) Notice to cure the default has been sent by certified mail to each Respondent who is obligated to pay the underlying debt or obligation. The opportunity to cure has expired. G) Before this application was filed, any other action required to initiate a foreclosure proceeding by Texas law or the loan agreement, contract, or lien sought to be foreclosed was performed. 5. Legal action is not being sought against the occupant of the property unless the occupant is named as a Respondent in this application. 6. If Petitioner obtains a court order, Petitioner will proceed with foreclosure of the property in accordance with applicable law and the terms of the loan agreement, contract, or lien sought to be foreclosed. 7. The following documents are attached to this application: A) An affidavit or declaration of material facts describing the basis for foreclosure. B) The note and security instrument establishing the lien. C) The current assignment of the lien recorded in the real property records of the county where the property is located. PETITIONER'S HOME EQUITY FORECLOSURE APPLICATION Page 3 Code No: 24076 MWZM No: 10-003754-670 Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 4 of 61 D) A copy of each default notice required to be mailed to any Respondent under Texas law and the loan agreement, contract, or lien sought to be foreclosed, and the USPS Tracking report demonstrating that a notice was sent by certified mail before this application was filed. 8. Assert and protect your rights as a member of the armed forces of the United States. If you 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 Petitioner or Petitioner's attorney immediately. PETITIONER'S HOME EQUITY FORECLOSURE APPLICATION Page 4 Code No: 24076 MWZM No: 10-003754-670 Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 5 of 61 9. Prayer for Relief. Petitioner seeks an expedited order under Rule 736 so that it may proceed with foreclosure in accordance with applicable law and terms of the loan agreement, contract, or lien sought to be foreclosed. Respectfully submitted, MACKIE WOLF ZIENTZ & MANN, P.C. Kendra Wiley State Bar No. 24062498 kwiley@mwzmlaw.com Lori Liane Long State Bar No. 24072443 llong-hamby@mwzmlaw.com Tracey Midkiff State Bar No. 24076558 midkiff@mwzmlaw.com Israel Saucedo State Bar No. 24042221 isaucedo@mwzmlaw.com Parkway Office Center, Suite 900 14160 North Dallas Parkway Dallas, TX 75254 (214) 635-2650 (Phone) (214) 635-2686 (Fax) ATTORNEYS FOR PETITIONER PETITIONER'S HOME EQUITY FORECLOSURE APPLICATION Page 5 Code No: 24076 MWZM No: 10-003754-670 Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 6 of 61 CAUSE NO. IN RE: ORDER FOR FORECLOSURE CONCERNING 205 COUGAR AVENUE N CEDAR PARK, TX 78613 UNDER TEX. R. CIV. PROC. 736 Petitioner: WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2006 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-HE2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE2 Respondent(s): MARIA COLEMAN AND LOEL COLEMAN IN THE DISTRICT COURT OF WILLIAMSON COUNTY, TEXAS JUDICIAL DISTRICT AFFIDAVIT IN SUPPORT OF PETITIONER'S APPLICATION FOR AN EXPEDITED ORDER UNDER RULE 736 STATE OF Pennsylvania COUNTY OF Montgomery Before me, the undersigned notary, on this day personally appeared Derien Lewis, and stated under oath: 1. My name is Derien Lewis. I am an adult and of sound mind. 2. I am a Contract Management Coordinator for Ocwen Loan Servicing, LLC ("Ocwen"), servicer for Petitioner, whose address is 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409. As such, I am authorized to make this affidavit. My affidavit concerns the account of LOEL COLEMAN ("Obligor(s)"). 3. I have read and understand the purpose of the application to which my affidavit is AFFIDAVIT IN SUPPORT OF APPLICATION FOR EXPEDITED FORECLOSURE PROCEEDING Page 1 Code No: 24076 MWZM No: 10-003754-670 Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 7 of 61 attached and adopt by reference the statements made in it. I am the authorized agent or representative of Petitioner with respect to Obligor's account, and in that capacity, I am authorized to make this affidavit on Petitioner's behalf. My testimony is based on my experience, my knowledge of the usual business practices of Ocwen, and the servicing industry in general, my job responsibilities, and the servicing records for Obligor's account. 4. Through my job responsibilities, I have access to and have reviewed the servicing records and data for Obligor's account, including electronic and computer generated records and data compilations. The records attached to the application are the original records or exact duplicates of the original records kept in the servicing file for Obligor's account. 5. Based on the regular practices of Ocwen and the servicing industry in general, these records: A) were made at or near the time of each act, event, or condition set forth in the records; B) were made by, or from information transmitted by, a person engaged in the servicing of Obligor's account who had actual knowledge of the acts, events or conditions recorded; and C) are the kind of records that are kept in the regular course of servicing loan agreements. 6. It is the regular practice of businesses engaged in the servicing of loan agreements or other contracts requiring the collection of money to keep accurate records on debits and credits to an account, an account's balance, the collateral securing the right to the lienholder's right to repayment, and efforts to enforce the underlying debt if the Obligor(s) has defaulted. These records are relied upon for accuracy by all persons AFFIDAVIT IN SUPPORT OF APPLICATION FOR EXPEDITED FORECLOSURE PROCEEDING Page 2 Code No: 24076 MWZM No: 10-003754-670 Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 8 of 61 engaged in the servicing and enforcement of a loan agreement. There is no indication that the servicing records for Obligor's account are untrustworthy. 7. Based upon the servicing records for Obligor's account, the amount required to pay off the lien of the Deed of Trust as of 05/06/2015 is $136,249.46 and as of 05/06/2015 the total amount to cure the default is $37,612.72, which includes the payment due as of 5/1/2015. Obligor(s) failed to remit the installment payment due for 07/01/2011, and the installments that have become due after that date. AFFIDAVIT IN SUPPORT OF APPLICATION FOR EXPEDITED FORECLOSURE PROCEEDING Page 3 Code No: 24076 MWZM No: 10-003754-670 Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 9 of 61 8. I sign this affidavit based on the personal knowledge that I have obtained by reviewing the servicing records for Obligor's account. The statements made in the application and my affidavit are true and correct as of the date stated. Signed this ol day of /1 , 2015 DERIEN LEWIS, CONTRACT MANAGEMENT COORDINATOR OCWEN LOAN SERVICING, LLC SERVICER FOR PETITIONER THE STATE OF Pennsylvania COUNTY OF Montgomery The foregoing instrument was acknowledged and sworn before me Michelle A. Hynes this 2 day of , 2015, by Derien Lewis as a Contract Management Coordinator of Ocwen Loan Servicing, LLC, who personally known to me r who has produced as identification. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Michelle A. Hynes, Notary Public Upper Dublin Twp., Montgomery County My Commission Expires April 15, 2018 (-Y-I. Jektfak. (A “th Notary Public in and r or the state of Pennsylvania Printed Name: Michelle A. Hynes My commission expires: AFFIDAVIT IN SUPPORT OF APPLICATION FOR EXPEDITED FORECLOSURE PROCEEDING Page 4 Code No: 24076 MWZM No: 10-003754-670 Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 10 of 61 THIS IS AN EXTENSION OF CREDIT AS DEFINED BY SECTION 50(a)(6), ARTICLE XVI OF THE TEXAS CONSTITUTION TEXAS HOME EQUITY NOTE (Fixed Rate - First Lien) May 11, 2006 Cedar Park Texas [Date] [City] [State] 205 COUGAR AVENUE N, Cedar Park, TX 78613- [Property Address] 1. BORROWER'S PROMISE TO PAY This is an extension of credit as defined by Section 50(a)(6), Article XVI of the Texas Constitution (the "Extension of Credit"). In return for the Extension of Credit that I have received evidenced by this Note, I promise to pay U.S. $80,000.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is Home123 Corporation . I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." I understand that this is not an open-end account that may be debited from time to time or under which credit may be extended from time to time. The property described above by the Property Address is subject to the lien of the Security Instrument executed concurrently herewith (the "Security Instrument"). 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 7.315 %. It is agreed that the total of all interest and other charges that constitute interest under applicable law shall not exceed the maximum amount of interest permitted by applicable law. Nothing in this Note or the Security Instrument shall entitle the Note Holder upon any contingency or event whatsoever, including by reason of acceleration of the maturity or Prepayment of the Extension of Credit, to receive or collect interest or other charges that constitute interest in excess of the highest rate allowed by applicable law on the Principal or on a monetary obligation incurred to protect the property described above authorized by the Security Instrument, and in no event shall I be obligated to pay interest in excess of such rate. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning July 1 , 2006 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on 06 / 01 / 2036 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 3351 Michelson Drive, Ste 400, Irvine, CA 92612 or at a different place if required by the Note Holder. TEXAS HOME EQUITY NOTE (Fixed Rate-First Lienl-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT CP-8035(TX) (0310) Page TO 4 VMP Mortgage Solutions (800)521-7291 Form 3244.1 1/01 (rev. 10/03) Initials Z.- Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 11 of 61 (B) AmMint of Monthly Payments My monthly payment will be in the amount of U.S. $549 . 28 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. Should the Note Holder agree in writing to such changes, my payments thereafter will be payable in substantially equal successive monthly installments. 5. LOAN CHARGES All agreements between Note Holder and me are expressly limited so that any interest, loan charges, or fees (other than interest) collected or to be collected from me, any owner or the spouse of any owner of the property described above in connection with the origination, evaluation, maintenance, recording, insuring or servicing of the Extension of Credit shall not exceed, in the aggregate, the highest amount allowed by applicable law. If a law, which applies to this Extension of Credit and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this Extension of Credit 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 me which exceeded permitted limits will be refunded to me. The Note Holder will make this refund by making a payment to me. The Note Holder's payment of any such refund will extinguish right of action I might have arising out of such overcharge. It is the express intention of the Note Holder and me to structure this Extension of Credit to conform to the provisions of the Texas Constitution applicable to extensions of credit as defined by Section 50(a)(6), Article XVI of the Texas Constitution. If, from any circumstance whatsoever, any promise, payment, obligation or provision of this Note, the Security Instrument or any other loan document involving this Extension of Credit transcends the limit of validity prescribed by applicable law, then such promise, payment, obligation or provision shall be reduced to the limit of such validity or eliminated as a requirement, if necessary for compliance with such law, and such document may be reformed by written notice from the Note Holder without the necessity of the execution of any new amendment or new document by me. The provisions of this Section 5 shall supersede any inconsistent provision of this Note or the Security Instrument. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of f i ft een calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % 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 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. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. This Note may not be accelerated because of a decrease in the market value of the property described above or because of my default under any indebtedness not evidenced by this Note or the Security Instrument. (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. Initials. ••••• 4D-8035(TX) (0310) Page 2 of 4 Form 3244.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 12 of 61 (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, including Section 50(a)(6), Article XVI of the Texas Constitution. Those expenses include, for example, reasonable attorneys' fees. I understand that these expenses are not contemplated as fees to be incurred in connection with maintaining or servicing this Extension of Credit. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. However, if the purpose of the notice is to notify Note Holder of failure to comply with Note Holder's obligations under this Extension of Credit, or noncompliance with any provisions of the Texas Constitution applicable to extensions of credit as defined by Section 50(a)(6), Article XVI of the Texas Constitution, then notice by certified mail is required. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE Subject to the limitation of personal liability described below, each person who signs this Note is responsible for ensuring that all of my promises and obligations in this Note are performed, including the payment of the full amount owed. Any person who takes over these obligations is also so responsible. I understand that Section 50(a)(6)(C), Article XVI of the Texas Constitution provides that this Note is given without personal liability against each owner of the property described above and against the spouse of each owner unless the owner or spouse obtained this Extension of Credit by actual fraud. This means that, absent such actual fraud, the Note Holder can enforce its rights under this Note solely against the property described above and not personally against any owner of such property or the spouse of an owner. If this Extension of Credit is obtained by such actual fraud, I will be personally liable for the payment of any amounts due under this Note. This means that a personal judgment could be obtained against me if I fail to perform my responsibilities under this Note, including a judgment for any deficiency that results from Note Holder's sale of the property described above for an amount less than is owing under this Note. If not prohibited by Section 50(a)(6)(C), Article XVI of the Texas Constitution, this Section 8 shall not impair in any way the right of the Note Holder to collect all sums due under this Note or prejudice the right of the Note Holder as to any promises or conditions of this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. SECURED NOTE In addition to the protections given to the Note Holder under this Note, the Security Instrument, dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 14 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. ‘..-fe 1111Z-8035(TX) (0310) Page 3 of 4 Form 3244.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 13 of 61 11. 'APPLICABLE LAW This Note shall be governed by the law of Texas and any applicable federal law. In the event of any conflict between the Texas Constitution and other applicable law, it is the intent that the provisions of the Texas Constitution shall be applied to resolve the conflict. In the event of a conflict between any provision of this Note and applicable law, the applicable law shall control to the extent of such conflict and the conflicting provisions contained in this Note shall be modified to the extent necessary to comply with applicable law. All other provisions in this Note will remain fully effective and enforceable. 12. NO ORAL AGREEMENTS THIS NOTE CONSTITUTES A "WRITTEN LOAN AGREEMENT" PURSUANT TO SECTION 26.02 OF THE TEXAS BUSINESS AND COMMERCE CODE, IF SUCH SECTION APPLIES. THIS WRITTEN LOAN 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) AND SEAL(S) OF THE UNDERSIGNED. [DO NOT SIGN IF THERE ARE BLANKS LEFT TO BE COMPLETED IN THIS DOCUMENT. THIS DOCUMENT MUST BE EXECUTED AT THE OFFICE OF THE LENDER, AN ATTORNEY AT LAW OR A TITLE COMPANY. YOU MUST RECEIVE A COPY OF THIS DOCUMENT AFTER YOU HAVE SIGNED IT.] /2 (Seal) (Seal) -Borrower -Borrower LOEL COLEMAN (Seal) (Seal) -Borrower -Borrower ourtLislaill"tity .te 1401'1 vat vcq (Seal) -Borrower -Borrower 1(4.1 h-,t4 (Seal)- (Seal) -Borrower -Borrower [Sign Original Only] 4:11:4-8035(TX) toalo) Page 4 of 4 Form 3244.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 14 of 61 P aY to the oldlor ot without recourse' Horne 123 Name: Steve Nagy Tile: V.P. Records Management Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 15 of 61 St 2006042937 la PGS Return To: lamel Corp' rati 33 Drive, Ste I i e CA 92612 Please Return Fidelity National Title Company 9600 Great Hills Trail #150E Austin, TX 78759 GPI ii6 •g- 3( Prepared By: fiome123 Corporation 3351 Michelson Drive, Ste 400 Irvine, CA 92612 [Space Above This Line for Recording Datal THIS SECURITY INSTRUMENT SECURES AN EXTENSION OF CREDIT AS DEFINED BY SECTION 50(a)(6), ARTICLE XVI OF THE TEXAS CONSTITUTION. TEXAS HOME EQUITY SECURITY INSTRUMENT (First Lien) This Security Instrument is not intended to finance Borrower's acquisition of the Property. NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your social security number or your driver's license number. DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 10, 12, 17, 19, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 15. (A) "Security Instrument" means this document, which is dated May 11, 2 0 0 6 together with all Riders to this document. (B) "Borrower" is LOEL COLEMAN Borrower is the grantor under this Security Instrument. TEXAS HOME EQUITY SECURITY INSTRUMENT (First Lien)-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3044.1 1/91 Idlit -8036(TX) (0411).01 (rev. 10/03) Page of 18 Initials: ii—(2C.-- 44- C. • VMP Mortgage Solutions. In-n.1800)521-7291 Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 16 of 61 (C) "Lender" is Home123 Corporation Lender is a Corporati on organized and existing under the laws of Cali forni a Lender's address is 3351 Michelson Drive, Ste 400, Irvine, CA 92612 Lender includes any holder of the Note who is entitled to receive payments under the Note. Lender is the beneficiary under this Security Instrument. (D) "Trustee" is El don L. Youngbl ood Trustee's address is 2711 North Haskell Avenue. Suite 2700 LB 25. Dallas, Texas 75204 (E) "Note" means the promissory note signed by Borrower and dated May 11, 2006 The Note states that Borrower owes Lender EIGHTY THOUSAND AND 00/100 Dollars (U.S. $ 80,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than 06/01/2036 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Extension of Credit" means the debt evidenced by the Note, as defined by Section 50(a)(6), Article XVI of the Texas Constitution and all the documents executed in connection with the debt. (H) "Riders" means all riders to this Security Instrument that are executed by Borrower. The following riders are to be executed by Borrower tcheck box as applicable): Texas Home Equity Condominium Rider I I Other: Texas Home Equity Planned Unit Development Rider (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) "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. CO-8036(TX) (041101 re 6 MC Page 2 of 18 Form 3044.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 17 of 61 (0) "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 to a "federally related mortgage loan" even if the Extension of Credit does not qualify as a "federally related mortgage loan" under RESPA. (P) "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 Extension of Credit, and all extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described Property located in the County of Williamson [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] LOT 23, BLOCK 9. CEDAR PARK RANCHETTS, UNIT FOUR, A SUBDIVISION IN WILLIAMSON COUNTY. TEXAS, ACCORDING TO THE MAP OR PLAT RECORDED IN CABINET B. SLIDE 50, OF THE PLAT RECORDS OF WILLIAMSON COUNTY. TEXAS. Parcel ID Number: R034230 which currently has the address of 205 COUGAR AVENUE N [Street] Cedar Park [City], Texas 78613- [Zip Code) ("Property Address"): 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"; provided however, that the Property is limited to homestead property in accordance with Section 50(a)(6)(H), Article XVI of the Texas Constitution. M C:)-8036(TX) io411),01 Page 3 of 18 Form 3044.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 18 of 61 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. Borrower and Lender covenant and agree as follows: I. Payment of Principal, Interest, Escrow Items, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. 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 14. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Extension of Credit current. Lender may accept any payment or partial payment insufficient to bring the Extension of Credit current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payment 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 Extension of Credit current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under 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 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. re8036(TX) loaf 11.01 Page 4 of t8 i Initlals t A C Form 3044.1 1/01 (rev. 10/00) Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 19 of 61 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for; (a) taxes and assessments and other items which can 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; and (c) premiums for any and all insurance required by Lender under Section 5, These items are called "Escrow Items." At origination or at any time during the term of the Extension of Credit, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing, In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 14 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. kiet AACL ek-8036(TX) (0411).01 Page 5 of 18 Form 3044.1 1101 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 20 of 61 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Extension of Credit. 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 Extension of Credit. 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 Extension of Credit, 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. tin C. tip-8036(TX) too 1).01 Pageant 15 Form 3044.1 1(01 (rev. 10/031 Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 21 of 61 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. Pees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 21 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 now occupies and uses the Property as Borrower's Texas homestead and shall continue to occupy the Property as Borrower's Texas homestead for at least one year after the date of this Security Instrument, 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. Initiate/A AnC- ( t-80361TX) marmot Page 7 of 18 Form 3044.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 22 of 61 8. Borrower's Loan Application. Borrower's actions shall constitute actual fraud under Section 50(a)(6)(c), Article XVI of the Texas Constitution and Borrower shall be in default and may be held personally liable for the debt evidenced by the Note and this Security Instrument 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 or any other action or inaction that is determined to be actual fraud. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as a Texas homestead, the representations and warranties contained in the Texas Home Equity Affidavit and Agreement, and the execution of an acknowledgment of fair market value of the property as described in Section 27. 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 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. No powers are granted by Borrower to Lender or Trustee that would violate provisions of the Texas Constitution applicable to Extensions of Credit as defined by Section 50(a)(6), Article XVI of the Texas Constitution or other Applicable Law. 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. 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 Initials:L-12'('" MC., Ct-80361TX) (0411).01 Page 8 of 18 Form 3044.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 23 of 61 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 which is not commenced as a result of Borrower's default under other indebtedness not secured by a prior valid encumbrance against the homestead, 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 18, 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. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or et) -8036(TX) *4111.01 A_ Page 9 of 18 Form 3044.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 24 of 61 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. 12. Joint and Several Liability; Security Instrument Execution; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any person who signs this Security Instrument, but does not execute the Note: (a) is signing this Security Instrument only to mortgage, grant and convey the person's interest in the Property under the terms of this Security Instrument and to comply with the requirements of Section 50(a)(6)(A), Article XVI of the Texas Constitution; (b) is not obligated to pay the sums secured by this Security Instrument and is not to be considered a guarantor or surety; (c) agrees that this Security Instrument establishes a voluntary lien on the homestead and constitutes the written agreement evidencing the consent of each owner and each owner's spouse; and (d) agrees that Lender and Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of the Note. Subject to the provisions of Section 17, 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 19) and benefit the successors and assigns of Lender. 13. Extension of Credit 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 Extension of Credit is subject to a law which sets maximum Extension of Credit charges, and that law is finally interpreted so that the interest or other Extension of Credit charges collected or to be collected in connection with the Extension of Credit exceed the permitted limits, then: (a) any such Extension of Credit 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 will make this refund by making a payment to Borrower. The Lender's payment of any such refund will extinguish any right of action Borrower might have arising out of such overcharge. 14. 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 (but, by certified mail if the notice is given pursuant to Section 19) 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 MAI M C 40-8036(TX) (041mo 1 Page 10 of 18 Form 3044.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 25 of 61 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. 15. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the laws of Texas. All rights and obligations contained in this Security 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. 16. Borrower's Copies. Borrower shall be given at the time this Extension of Credit is made, a copy of all documents signed by Borrower related to the Extension of Credit. 17. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 17, "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 14 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. 18. 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, insofar as allowed by Section 50(a)(6), Article XVI of the Texas Constitution, 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 Innogs: 1- (2( 1l C Form 3044.1 1/01 (rev. 10/03) 14:0-8036(1-X1 m411).01 4> Page 11 of 18 Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 26 of 61 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 17. 19, Sale of Note; Change of Loan Servicer; Notice of Grievance; Lender's Right-to•Comply. 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 requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Extension of Credit 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 14) 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. For example, Section 50(a)(6)(Q)(x), Article XVI of the Texas Constitution, generally provides that a lender has 60 days to comply with its obligations under the extension of credit after being notified by a borrower of a failure to comply with any such obligation. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 21 and the notice of acceleration given to Borrower pursuant to Section 17 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 19. It is Lender's and Borrower's intention to conform strictly to provisions of the Texas Constitution applicable to Extensions of Credit as defined by Section 50(a)(6), Article XVI of the Texas Constitution. All agreements between Lender and Borrower are hereby expressly limited so that in no event shall any agreement between Lender and Borrower, or between either of them and any third party, be construed not to allow Lender 60 days after receipt of notice to comply, as provided in this Section 19, with Lender's obligations under the Extension of Credit to the full extent permitted by Section 50(a)(6), Article XVI of the Texas Constitution. Borrower understands that the Extension of Credit is being made on the condition that Lender shall have 60 days after receipt of notice to comply with the provisions of Section 50(a)(6), Article XVI of the Texas Constitution. As a precondition to taking any action premised on failure of Lender to comply, Borrower will advise Lender of the noncompliance by a notice given as required by Section 14, and will give Lender 60 days after such notice has been received by Lender to comply. Except as otherwise required by Applicable Law, only after Lender has received said notice, has had 60 days to comply, and Lender has failed to comply, shall all principal and interest be forfeited by Lender, as required by Section 50(a)(6)(Q)(x), Article XVI of the Texas Constitution in connection with failure by Lender to comply with its obligations under this Extension of Credit. Borrower will cooperate in reasonable efforts to correct any failure by Lender to comply with Section 50(a)(6), Article XVI of the Texas Constitution. Lc MC! g2D-8036(TX1 (04111,01 Page 12 of 18 Form 3044.1 1(01 (rev. 101031 Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 27 of 61 In the event that, for any reason whatsoever, any obligation of Borrower or of Lender pursuant to the terms or requirements hereof or of any other loan document shall be construed to violate any of the provisions of the Texas Constitution applicable to Extensions of Credit as defined by Section 50(a)(6), Article XVI of the Texas Constitution, then any such obligation shall be subject to the provisions of this Section 19, and the document may be reformed, by written notice from Lender, without the necessity of the execution of any amendment or new document by Borrower, so that Borrower's or Lender's obligation shall be modified to conform to the Texas Constitution, and in no event shall Borrower or Lender be obligated to perform any act, or be bound by any requirement which would conflict therewith. All agreements between Lender and Borrower are expressly limited so that any interest, Extension of Credit charge or fee collected or to be collected (other than by payment of interest) from Borrower, any owner or the spouse of any owner of the Property in connection with the origination, evaluation, maintenance, recording, insuring or servicing of the Extension of Credit shall not exceed, in the aggregate, the highest amount allowed by Applicable Law. It is the express intention of Lender and Borrower to structure this Extension of Credit to conform to the provisions of the Texas Constitution applicable to Extensions of Credit as defined by Section 50(a)(6), Article XVI of the Texas Constitution. If, from any circumstance whatsoever, any promise, payment, obligation or provision of the Note, this Security Instrument or any other loan document involving this Extension of Credit transcends the limit of validity prescribed by Applicable Law, then any promise, payment, obligation or provision shall be reduced to the limit of such validity, or eliminated as a requirement if necessary for compliance with such law, and such document may be reformed, by written notice from Lender, without the necessity of the execution of any new amendment or new document by Borrower. Lender's right-to-comply as provided in this Section 19 shall survive the payoff of the Extension of Credit. The provision of this Section 19 will supersede any inconsistent provision of the Note or this Security Instrument. 20. Hazardous Substances, As used in this Section 20: (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 CD)-8036(TX) (0411).01 (to Page 13 of 18 Initials' /VIC Form 3044.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 28 of 61 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 Under for an Environmental Cleanup. 21. 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 17 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. Insofar as allowed by Section 50(a)(6), Article XVI of the Texas Constitution, Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 21, including, but not limited to, court costs, reasonable attorneys' fees and costs of title evidence. The lien evidenced by this Security Instrument may be foreclosed upon only by a court order. Lender may, at its option, follow any rules of civil procedure promulgated by the Texas Supreme Court for expedited foreclosure proceedings related to the foreclosure of liens under Section 50(a)(6), Article XVI of the Texas Constitution ("Rules"), as amended from time to time, which are hereby incorporated by reference. The power of sale granted herein shall be exercised pursuant to such Rules, and Borrower understands that such power of sale is not a confession of judgment or a power of attorney to confess judgment or to appear for Borrower in a judicial proceeding. 22. Power of Sale. It is the express intention of Lender and Borrower that Lender shall have a fully enforceable lien on the Property. It is also the express intention of Lender and Borrower that Lender's default remedies shall include the most expeditious means of foreclosure available by law. Accordingly, Lender and Trustee shall have all the powers provided herein except insofar as may be limited by the Texas Supreme Court. To the extent the Rules do not specify a procedure for the exercise of a power of sale, the following provisions of this Section 22 shall apply, if Lender invokes the power of sale. Under 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 of sale 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. In the event of any conflict between such procedure and the Rules, the Rules shall prevail, and this provision shall automatically be reformed to the extent necessary to comply. cp-8036(TX110411).01 49 Page 14 of 18 Form 3044.1 1/01 trey. 10/03) Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 29 of 61 Trustee shall deliver to the purchaser who acquires title to the Property pursuant to the foreclosure of the lien a 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, court costs and 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. Within a reasonable time after termination and full payment of the Extension of Credit, Lender shall cancel and return the Note to the owner of the Property and give the owner, in recordable form, a release of the lien securing the Extension of Credit or a copy of an endorsement of the Note and assignment of the lien to a lender that is refinancing the Extension of Credit. Owner shall pay only recordation costs. OWNER'S ACCEPTANCE OF SUCH RELEASE, OR ENDORSEMENT AND ASSIGNMENT, SHALL EXTINGUISH ALL OF LENDER'S OBLIGATIONS UNDER SECTION 50(a)(6), ARTICLE XVI OF THE TEXAS CONSTITUTION. 24. Nan-Recourse Liability. Lender shall be subrogated to any and all rights, superior title, liens and equities owned or claimed by any owner or holder of any liens and debts outstanding immediately prior to execution hereof, regardless of whether said liens or debts are acquired by Lender by assignment or are released by the holder thereof upon payment. Subject to the limitation of personal liability described below, each person who signs this Security Instrument is responsible for ensuring that all of Borrower's promises and obligations in the Note and this Security Instrument are performed. Borrower understands that Section 50(a)(6)(C), Article XVI of the Texas Constitution provides that the Note is given without personal liability against each owner of the Property and against the spouse of each owner unless the owner or spouse obtained this Extension of Credit by actual fraud. This means that, absent such actual fraud, Lender can enforce its rights under this Security Instrument solely against the Property and not personally against the owner of the Property or the spouse of an owner. If this Extension of Credit is obtained by such actual fraud, then, subject to Section 12, Borrower will be personally liable for the payment of any amounts due under the Note or this Security Instrument. This means that a personal judgment could be obtained against Borrower, if Borrower fails to perform Borrower's responsibilities under the Note or this Security Instrument, including a judgment for any deficiency that results from Lender's sale of the Property for an amount less than is owing under the Note, thereby subjecting Borrower's other assets to satisfaction of the debt. If not prohibited by Section 50(a)(6)(C), Article XVI of the Texas Constitution, this Section 24 shall not impair in any way the lien of this Security Instrument or the right of Lender to collect all sums due under the Note and this Security Instrument or prejudice the right of Lender as to any covenants or conditions of the Note and this Security Instrument. 44-8036(TX) (04111,01 Page 15 of 18 Al Initials 2 (..—• Form 3044.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 30 of 61 25, Proceeds. Borrower has not been required to apply the proceeds of the Extension of Credit to repay another debt except a debt secured by the Property or debt to another lender. 26. No Assignment of Wages. Borrower has not assigned wages as security for the Extension of Credit. 27. Acknowledgment of Fair Market Value. Lender and Borrower have executed a written acknowledgment as to the fair market value of Borrower's Property on the date the Extension of Credit is made. 28, 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. Trustee shall not be liable if acting upon any notice, request, consent, demand, statement or other doctunent believed by Trustee to be correct. Trustee shall not be liable for any act or omission unless such act or omission is willful. 29, Acknowledgment of Waiver by Lender of Additional Collateral. Borrower acknowledges that Lender waives all terms in any of Lender's loan documentation (whether existing now or created in the future) which (a) create cross default; (b) provide for additional collateral; and/or (c) create personal liability for any Borrower (except in the event of actual fraud), for the Extension of Credit. This waiver includes, but is not limited to, any (a) guaranty; (b) cross collateralization; (c) future indebtedness; (d) cross default; and/or (e) dragnet provisions in any loan documentation with Lender. 148036(TX) to41i)ot Pane 16 of 18 Form 3044.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 31 of 61 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, [DO NOT SIGN IF THERE ARE BLANKS LEFT TO BE COMPLETED IN THIS DOCUMENT. THIS DOCUMENT MUST BE EXECUTED AT THE OFFICE OF LENDER, AN A'TT'ORNEY AT LAW OR A TITLE COMPANY. YOU MUST RECEIVE A COPY OF THIS DOCUMENT ALTER YOU HAVE SIGNED IT.] YOU MAY, WITHIN 3 DAYS Alf IER CLOSING, RESCIND THIS EXTENSION OF CREDIT WITHOUT PENALTY OR CHARGE. Printed Name: L-1, / Co ie [Please Complete] /New-ea Cole vvvx Printed Name A - ' (Please Complete) (Seal) LOEL COLEMAN -Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower C4-8038(TX) 0411).01 Page not 18 Form 3044.1 1/01 (rev. 10/03) Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 32 of 61 STATE OF TEXAS County of 44-141-ernrson TIZAW.S. Before me 2- AstAcrtk,4 ei CO1-eitick 4 Mar-i6 1edtia,--1 on this clay personally appeared known to me (or proved to me on the oath of Or through ---]`)Coc ) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she ey executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this (Seal) J. ASHCRAFT MYCOMMISSIONEXPIRES tt W January 6, 2009 *no s +4, My Commission Expires: Loid 4̀1 / day of /"iiq5 004 . Ct-80361TX) too n.o1 vir4/ M Pogo 18 of TB Form 3044.1 1/01 (rev. 10/03) FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2006042937 05/28/2005 02:245 PM JACK/E $84,00 NANCY E. RISTER, COUNTY CLERK WILLIAMSON COUNTY, TEXAS Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 33 of 61 Cor rat •n rive, Prepared By: Home123 Corporation 3351 Michelson Drive, Ste 400 Irvine, CA 92612 Please Return (--\ Fidelity National Title Convoy .,2, / 9600 Great Hills Trail #150E / Austin, T 7:7 CrF APT 2conna Return To: 6 paS [To Be Recorded With Security Instrument. Space Above This Line for Recording Data] TEXAS HOME EQUITY AFFIDAVIT AND AGREEMENT (First Lien) (Do not sign this Texas Home Equity Affidavit and Agreement until you have executed an Acknowledgment Regarding Fair Market Value, and received and reviewed the Texas Home Equity Note and the Texas Home Equity Security Instrument.) State of TEXAS Before me, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared LOEL COLEMAN and on oath such individual, or each of them, swears that the following statements are true: L REPRESENTATIONS AND WARRANTIES: A. I am a borrower named in the Texas Home Equity Note (the "Note") or the owner or spouse of an owner of the property described in the Texas Home Equity Security Instrument (the "Security Instrument" which TEXAS HOME EQUITY AFFIDAVIT AND AGREEMENT (First Llen)-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3185 1/01 -8034ITX) 03101 trev.10/031 Page 1 Of 6 C /1/1 C VMP Mortgage Solutions i8001521-7291 Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 34 of 61 term includes any riders to the Texas Home Equity Security Instrument), both bearing date of May 1 1 , 2006 , evidencing and securing an extension of credit as defined by Section 50(a)(6), Article XVI of the Texas Constitution (the "Extension of Credit") and providing for a lien on the following described property (the "Property") located in Wi 11 1 amson County, Texas: LOT 23, BLOCK 9, CEDAR PARK RANCHETTS, UNIT FOUR, A SUBDIVISION IN WILLIAMSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT RECORDED IN CABINET B, SLIDE 50, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. Parcel ID Number: 8034230 which has the address of:205 COUGAR AVENUE N [street] Cedar Park [city], Texas 7 8 61 3 • Pp Code) ("Property Address"). The Property includes all incidental rights in and to the Property including all 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 are included as well as any interest in a planned unit development, condominium project, homeowners' association or equivalent entity owning or managing common areas or facilities associated with the Property. All of the foregoing is referred to herein as the Property, provided however that the Property is limited to homestead property in accordance with Section 50(a)(6)(H), Article XVI of the Texas Constitution, The Property does not include any additional real or personal property not included within the definition of homestead in accordance with applicable law including but not limited to Sections 41,002(a), (b), and (c) of the Texas Property Code which provide: Section 41.002 Definition of Homestead (a) If used for the purposes of an urban home or as both an urban home and a place to exercise a calling or business, the homestead of a family or a single, adult person, not otherwise entitled to a homestead, shall consist of not more than 10 acres of land which may be in one or more contiguous lots, together with any improvements thereon. (b) If used for the purposes of a rural home, the homestead shall consist of: (1) for a family, not more than 200 acres, which may be in one or more parcels, with the improvements thereon; or (2) for a single, adult person, not otherwise entitled to a homestead, not more than 100 acres, which may be in one or more parcels, with the improvements thereon. (c) A homestead is considered to be urban if, at the time the designation is made, the property is: (1) located within the limits of a municipality or its extraterritorial jurisdiction or a platted subdivision; and (2) served by police protection, paid or volunteer fire protection, and at least three of the following services provided by a municipality or under contract to a municipality: (A) electric; (B) natural gas; (C) sewer; (D) storm sewer; and (E) water. B. I understand that the lender making the Extension of Credit is Home123 Corporat1 on (the "Lender"). C. The undersigned includes all owners and spouses of owners of the Property and all borrowers named in the Note. Initials: t^^1e-( M -8034(TX) 103101 Page206 Form 3188 1/01 1rov.10/03) Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 35 of 61 D. The Extension of Credit is secured by a voluntary lien on the Property created under a written agreement with the consent of all owners and all spouses of owners, and execution of this Texas Home Equity Affidavit and Agreement is deemed evidence of such consent. E. The Extension of Credit is of a principal amount that, when added to the aggregate total of the outstanding principal balances of all other indebtedness secured by valid encumbrances of record against the Property, does not exceed eighty percent (80%) of the fair market value of the Property on the date the Extension of Credit is made. F. I have not paid any fee or charge that is not disclosed in the HUD-1 or HUD-1A Settlement Statement. G. Neither the Lender nor any other party has required any additional collateral (real or personal property), other than the Property described in the Security Instrument, to secure the Extension of Credit. H. The Property is not designated for agricultural use as provided by statutes governing property tax, unless such Property is used primarily for the production of milk. I. The Extension of Credit is the only loan made pursuant to Section 50(a)(6), Article XVI of the Texas Constitution that will be secured by the Property at the time the Extension of Credit is funded. J. The Note and Security Instrument have not been signed before the twelfth (12th) day after the later of the date the owner of the Property submitted an application to the Lender, or the Lender's representative for the Extension of Credit, or the date that the Lender, or the Lender's representative provided the owner with a copy of the Notice Concerning Extensions of Credit defined by Section 50(a)(6), Article XVI of the Texas Constitution (the "Notice"). K. The Note and Security Instrument have not been signed before one business day after the date that the owner of the Property received a final itemized disclosure of the actual fees, points, interest, costs, and charges that would be charged at closing or a bona fide emergency or other good cause exists and the owner of the Property hereby consents to the Lender providing or modifying such final itemized disclosure on the date of the signing of the Note and Security Instrument and execution of this Texas Home Equity Affidavit and Agreement is deemed evidence of such consent. L. If I am an owner of the Property, I received the Notice in English. If the discussions with the borrowers named in the Note were conducted primarily in a language other than English, the borrowers named in the Note received from Lender, or Lender's representative, before closing, an additional copy of the Notice translated into the written language in which the discussions were conducted. M. The Extension of Credit is being closed, that is I am signing the loan documents, at the office of the Lender, an attorney at law, or a title company. N. It has been at least one year since the closing date of any other extension of credit made pursuant to Section 50(a)(6), Article XVI of the Texas Constitution secured by the Property, unless (i) this Extension of Credit is a refinance of a prior extension of credit pursuant to Section 50(a)(6), Article XVI of the Texas Constitution, and is being made to cure the failure of any lender or holder of the prior extension of credit to comply with its obligations under the prior extension of credit (referred to here as a cure refinance) or (ii) the prior extension of credit was a cure refinance, in which case it has been at least one year since the closing date of the most recent extension of credit prior to a cure refmance. 0. No owner of the Property has been required to apply the proceeds of this Extension of Credit to repay another debt, unless such other debt, if any, is a debt secured by the Property or is a debt to another lender, P. No owner of the Property has been required to assign wages as security for the Extension of Credit. Q. No owner of the Property has signed an instrument in which applicable blanks were left to be filled in. There are no blanks in this Texas Home Equity Affidavit and Agreement, the Note, or the Security Instrument. R. No owner of the Property has signed a confession of judgment or given a power of attorney to the Lender or to a third person to confess judgment or to appear for any owner of the Property in a judicial proceeding. S. To the best of my knowledge and belief, all owners of the Property, after receiving a copy of all documents signed by them, will sign a receipt acknowledging the delivery of such copies. T. I have been notified in the Security Instrument of the right of the owner and the spouse of any owner to rescind the Extension of Credit without penalty or charge within three (3) days after the closing. U. The Lender and each owner of the Property have signed a written acknowledgment as to the fair market value of the Property on the date the Extension of Credit is made. initials4146' /1/1. C- - Ct-8034(TX) I0310) Page 3 of 6 Form 3185 1/01 (rov,10/03) Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 36 of 61 V. The Property is not being purchased with any part of the proceeds of the Extension of Credit. W. Unless Lender otherwise agrees in writing, all borrowers named in the Note shall occupy the Property as their homestead pursuant to the terms of the Security Instrument. X. I understand that the Extension of Credit is not a form of open-end account that may be debited from time to time or under which credit may be extended from time to time. Lender, at its option, may make monetary advances to protect the Property (i.e. pay real estate taxes, hazard insurance payments, etc.) in accordance with the Security Instrument. Y. I understand that the Note, Security Instrument, and this Texas Home Equity Affidavit and Agreement define the terms of the Extension of Credit and are to be construed as an entirety. II. AGREEMENT PROVISIONS: A. No Personal Liability in the Absence of Actual Fraud. I understand that pursuant to Section 50(a)(6)(C), Article XVI of the Texas Constitution the Extension of Credit is without recourse for personal liability against each owner of the Property and the spouse of each owner and that Lender and its successors and assigns can enforce the promises and obligations in the Note and the Security Instrument solely against the Property, unless an owner or spouse of an owner obtains the Extension of Credit by actual fraud. B. Inducement and Reliance. I understand that my execution of this Texas Home Equity Affidavit and Agreement is made to induce Lender and its successors and assigns to make or purchase the Extension of Credit, and that Lender and its assigns will rely on it as additional consideration for making or purchasing the Extension of Credit. I also understand that each of the statements made in the Representations and Warranties Section is material and will be acted upon by the Lender and its assigns, and that if such statement is false or made without knowledge of the truth, the Lender and its assigns will suffer injury. C. Remedies in the Event of Actual Fraud. If any owner of the Property, or the spouse of an owner, obtains the Extension of Credit by actual fraud, then each owner, spouse of each owner and all borrowers named in the Note agree to indemnify and save Lender and its successors and assigns harmless against any loss, costs, damages, attorneys' fees, expenses and liabilities which Lender may incur or sustain in connection with such actual fraud and any court action arising therefrom and will pay the same upon demand. In addition, the borrowers named in the Note may become personally liable for repayment of the Extension of Credit. D. Opportunity for Lender to Comply. It is agreed that, except as required by law, the Lender or any holder of the Note for the Extension of Credit shall not forfeit any principal or interest on the Extension of Credit by reason of failure by Lender or holder to comply with its obligations under the Extension of Credit, unless the Lender or holder of the Note fails to correct the failure to comply not later than the 60th day after the borrower notifies the Lender or holder of the Note of its failure to comply. E. Tax Advice. It is agreed that it is the borrower's responsibility to determine any and all aspects of tax considerations related to the Extension of Credit. I have not relied on any tax advice provided by Lender or Lender's representatives. It is my responsibility to seek and obtain independent tax advice. Me' C) -8034(TX) (03101 Page 4 of 6 Form 3185 1/01 frov.10/03) Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 37 of 61 (Borrower or Owner or Spouse of Owner) LOEL COLEMAN [DO NOT SIGN IF 'MERE ARE BLANKS LEFT TO BE COMPLETED IN THIS DOCUMENT. THIS TEXAS ROME EQUITY At t !DAVIT AND AGREEMENT MUST BE EXECUTED AT TliI OFFICE OF I'HE LENDER, AN ATTORNEY AT LAW, OR A TITLE COMPANY BY ALL OWNERS OF THE PROPERTY, SPOUSES OF OWNERS, AND BORROWERS NAMED IN ME NOTE. YOU MUSTI&VE A COPY OF THIS DQCIENT AFTER YOU HAVE SIGNED IT.] (Borrower or Owner or Spouse of Owner) HI. STATEMENT UNDER OATH I hereby swear under oath that the representations and warranties referred to and set forth in Section I above are true and correct. I understand that this Texas Home Equity Affidavit and Agreement is part of the Extension of Credit documentation. (Borrower or Owner or Spouse of Owner) (Borrower or Owner or Spouse of Owner) (Borrower or Owner or Spouse of Owner) (Borrower or Owner or Spouse of Owner) (Borrower or Owner or Spouse of Owner) (Borrower or Owner or Spouse of Owner) ei0 .8034(TX)113310} Page 6 of a Form 3185 1(01 (rev.10/03) Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 38 of 61 J. ASKRAFT MY COMMISSION EXPIRES January 0, 2009 SWORN TO AND SUBSCRIBED before me on this [PERSONALIZED SEAL] Printed Name of Notary My Commission Expires: I / ADVISORY NOTICE ALL STATEMENTS IN THE FOREGOING TEXAS HOME EQUITY AFFIDAVIT AND AGREEMENT ARE MADE UNDER OATH. IF ANY SUCH STATEMENT IS MADE WITH KNOWLEDGE THAT SUCH STATEMENT IS FALSE, THE PERSON MAKING SUCH FALSE STATEMENT MAY BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES UNDER APPLICABLE LAW, MAY BE PERSONALLY LIABLE ON THE NOTE AND MAY CAUSE ALL OTHER BORROWERS NAMED IN nit; NOTE TO BE PERSONALLY LIABLE ON THE NOTE. 1n~tials: t:2 M C , et-8034(TX) (03101 Page 6 of 6 Form 3186 1/01 lrev.10/03) FILED AND RECORDED OFFICIAL PUBLIC RECORDS 2006042938 CR4u.. 05/26/2006 02:26 PM JACKIE $36.00 NANCY E. RISTER, COUNTY CLERK WILL/AMSON COUNTY, TEXAS ii Notary Public Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 39 of 61 1007616056 Victor Perez Page 1 of 1 2011024166 Electronically Recorded Official Public Records Nancy E. Rister, County Clerk 2011 Apr 14 12:40 PM Fee: $ 20.00 Pages: 2 Williamson County'Texas MACKIE WOLF ZI.ENTZ & MANN P.C. Pacific Center I, SUite 660 14180 N. Dallas Parkway Dallas, Texas 75254 Loral ttb TEXAS HOME EQUITY ASSIGNMENT OF SECURITY INSTRUMENT For Value Received, the undersigned holder of ' a Security Instrument (herein "Assignor") whose address is 3351 Michelson Drive, Ste 400 Irvine, CA .9A612 does hereby grant, sell, assign, transfer and convey, unto Was Far9 (herein "Assignee"), whose address is b-tfIle"-ii\10-4)01Cd. A'SSCCtat all beneficial interest under a certain Security Instrument dated May 11, 2006 , made and executed by LOEL COLEMAN to Eldon L. Youngblood Trustee, upon the following described property situated in Williamson County, State of Texas: LOT 23, BLOCK 9, CEDAR PARK RANCHETTS, UNIT FOUR, A SUBDIVISION IN WILLIAMSON COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT RECORDED IN CABINET B, SLIDE 50, OF THE PLAT RECORDS OF WILLIAMSON COUNTY, TEXAS. (MR OPCXA Se-tvtLocio, A-Y.fe-ArrsZrki- Q% Seplev-A.loey- cZap cture..6, PisseA- Baht. e.ece,(Vo ble 8 Lt-C Tru 0004,--HC, Marine. Poss -chnup Cer-401 c.6463 SeA.es b04,--fie.rQ. such Security Instrument having been given to secure payment of EIGHTY THOUSAND AND 00/100 ($80,000.00 )[original principal amount], which Security Instrument is of record in Book, Volume, or Liber No. , at page (or as No. eR C)0(.4% CYAR 437 ) of the County Records of Williamson County, State of Texas, together with the note(s) and obligations therein described, the money due an to b come due thereon with interest, and all rights accrued or to accrue under such Security Instrument. mai j (96, ,6Q00(,.., TO HAVE AND TO HOLD, the same unto Assignee, its successors and assigns, forever, subject only to the tenns and conditions of the above-described Security Instrument. IN WITNESS WHEREOF, the undersigned Assignor has executed this Assignment of Security Instrument on 17th day of May , 2006 ASSIGNOR: Home123 Corporation Stephen L. Nagy V.P.1Records Management State of = nia County of Orang On 05117/2006 personally appeared , before me Victor Perez personally known to me (or proved to me on the is of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to e that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the ins gent the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NCMC TX Home Equity Assignment RE-338 (030698) Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 40 of 61 Signature of Notary Public CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ORANGE On May 17, 2006 before me Victor Perez, a Notary Public personally appeared Steve Nagy V.P. Records Management, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal VICTOR PEREZ Commission # 1638319 Notary Public • Ca !Rooks Orange County My Comm, Expires Jan 15, 201 Victor Perez COMMISSION # 1638119 COMMISSION EXPIRES: January 15, 2010 Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 41 of 61 P.O. Box 24646 West Palm Beach, FL 33416-4646 OCWEN October 04, 2014 P3WH2300X00208- 028034487 111111111911111iiiiiiIIIrlillii1119111111111111141111111111 Loel Coleman 205 Cougar Ave N Cedar Park, TX 78613-2318 7190 1085 9720 0993 7221 Ocwen Loan Servicing, LLC HELPING HOMEOWNERS IS WHAT WE DO! TM WWW.00WEN.COM Loan Number: Property Address: 205 Cougar Ave N Cedar Park, TX 78613-0000 NOTICE OF DEFAULT AVISO IMPORTANTE PARA PERSONAS DE BABLA HISPANA: Esta notiticacion es de slum importancia. Puede afectar su derecho a continuar viviendo en su casa. Si no entiende su contenido, obtenga una traduccion inmediatamente o contactenos ya que tenemos representantes que hablan espaliol y esti') disponibles para asistir. Dear Borrower (s): SPECIAL NOTICE IN THE EVENT YOU HAVE FILED BANKRUPTCY If you have received a Chapter 7 discharge under the Bankruptcy Code of the United States or if your mortgage is the type which has been discharged pursuant to a completed Chapter 13 plan, this notice is not intended and does not constitute an attempt to collect a debt against you personally. If the foregoing applies to you, this notice is sent to you only as a preliminary step to a foreclosure on the mortgage against the above-referenced property. Provisions may be contained within your mortgage/deed of trust that require notice prior to foreclosure. As such, this is not an attempt to assert that you have any personal liability for this debt. In addition, if you have recently filed a petition under the Bankruptcy Code, this notice has been sent to you because OCWEN has not been notified of your bankruptcy case. If the foregoing applies to you, it is IMPORTANT that you or your bankruptcy attorney contact us immediately and provide us with the following information: date and jurisdiction of your filing, your case number and the bankruptcy chapter number under which you have filed. If you have not recently filed bankruptcy or received a bankruptcy discharge, you are hereby notified that this letter is an attempt to collect a debt. All information obtained will be used for that purpose. The debt is owed to OCWEN as the owner or servicer of your home loan and mortgage. Unless you dispute the validity of the debt, or any portion thereof, within thirty (30) days after receipt of this letter, the debt will be assumed to be valid by OCWEN. If you notify OCWEN in writing within the thirty (30) days that the debt or a portion of the debt is disputed, OCWEN will send you verification of the debt. Verification of the debt or a portion thereof may be requested in writing from the Loan Resolution Consultant within thirty (30) days as specified above. The failure to dispute the validity of the debt may not be construed by any court as an admission of liability by you. Your mortgage payments are past due, which puts you in default of your loan agreement. As of October 04, 2014, you owe the following: Principal and Interest Interest Arrearage $ 16,803.20 $ 0.00 DEMANDTX.43 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt. NMLS # 1852 Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 42 of 61 P.O. Box 24646 West Palm Beach, FL 33416-46.16 OCWEN Escrow $ 15,901.46 Late Charges $ 462.00 Insufficient Funds Charges $ 0.00 Fees / Expenses $ 12,590.97 Suspense Balance (CREDIT) $ 565.87 Interest Reserve Balance (CREDIT) $ 0.00 TOTAL DUE $ 45,191.76 On or before November 03, 2014, you must submit payment by Money Gram, Bank Check, Money Order or Certified Funds for the entire total due amount stated above to the appropriate address listed at the bottom of page two of this notice. Any payment(s) that come due in the interim must also be included. Failure to bring your account current will result in our election to exercise our right to foreclose on your property. Upon acceleration, your total obligation will be immediately due and payable without further demand. In foreclosure proceedings, we are entitled to collect your total arrearage in addition to any expenses of foreclosure, including but not limited to reasonable attorney's fees and costs. If your loan has already been accelerated and foreclosure proceedings already begun, we will continue the foreclosure action if possible. You have the right to assert in court the non-existence of a default or any other defense to acceleration and foreclosure. 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. OCWEN will work with bankruptcy lawyers, foreclosure defense lawyers, housing counselors, and other authorized representatives of our customers. However, we will only release non-public information once your written authorization has been obtained, as required by law. After acceleration of the debt, but prior to foreclosure, you may have the right to reinstate the mortgage loan, depending on the terms of the note and mortgage. We encourage you to review the provisions of the note and mortgage. Please be aware that, after acceleration of the debt, there may be expenses and attorney's fees and costs incurred by OCWEN to enforce the mortgage in addition to the overdue amount on the mortgage. Any payment to reinstate the mortgage loan after acceleration must therefore include an amount sufficient to cover such expenses and fees incurred. Payments received that are less than the amount required to reinstate the mortgage loan will be returned and will not stop any foreclosure proceedings that have begun. PRIOR TO SUBMITTING PAYMENT, YOU MAY WISH TO CALL US TO VERIFY THE EXACT AMOUNT DUE. A HUD counseling agency may be able to provide you with assistance. To locate the HUD approved counseling agency in your area, call the HUD Housing Counseling Service at (800) 569-4287 or consult HUD's website at www.HUD.gov. If you are unable to bring your account current, we urge you to call us immediately to discuss possible alternatives to foreclosure. If you have the desire to remedy this situation we want to assist you in trying to reach that goal. OCWEN would like to present you with some of the alternatives that might be available regarding your delinquent mortgage loan. While our primary objective is the collection of past due amounts on your loan, we want to work with you to find the best available alternative for you to bring your mortgage loan obligation current. Sincerely, Ocwen Loan Servicing, LLC Toll Free Phone: (800) 746-2936 ADDRESS WRITTEN CORRESPONDENCE TO: Research Department Ocwen Loan Servicing, LLC P.O. Box 24736 West Palm Beach, FL 33416-4736 DEMANDTX.43 This communication is from a debt collector attempting to collect a debt; any information obtained will be used Jr that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt. NMLS # 1852 Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 43 of 61 P.O. Box 24646 West Palm Beach, FL 33416-4646 OCWEN PAYMENT REMITTANCE INFORMAT Money Gram Receive Code: 2355 Payable-To: Ocwen Loan Servicing, LLC City: Orlando St: FL Agent Locater:800-926-9400 Loan ION (always include Loan Overnight Address Ocwen Loan Servicing, LLC 1661 Worthington Road Suite 100 West Palm Beach, Florida 33409 Attention: Cashiering Department with your paymentl VIA Regular Mail Ocwen Loan Servicing, LLC P.O. Box 6440 Carol Stream, IL 60197-6440 WESTERN UNION BY WUQC Code City: Ocwen State: FL Reference: Loan 4 DEMANDTX.43 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt. NMLS # 1852 Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 44 of 61 P.O. Box 24646 .1 West Palm Beach, FL 33416-4646 OCWEN I-IELPINIG YOU STAY IN -1(40111J Ft I-11 WI E.. ..A7100'1.11P"i• MO /Vl A Ka (...3 MIER.F Ir Fil7A. HAL E You map be able to make your payments more affordable. Act now to get the help you need! Dear Borrower, There is help available if you are having difficulty making your mortgage loan payments. You may be eligible for the Home Affordable Modification Program, part of the initiative announced by President Obama to help homeowners. As your mortgage loan servicer, we will work with you in an effort to make your mortgage payment affordable. You will not pay any fees to take advantage of this opportunity to modify your mortgage loan payment and keep your property. Now is the time to act. We are ready to help you. Here's how it works: We will first determine if you are eligible based on your situation. To conduct this evaluation, we need you to submit an Initial Package consisting of a Request for Mortgage Assistance form (including all necessary certifications), an IRS Form 4506T-EL or Form 4506-T, and documentary evidence of all income. You may obtain the Request for Mortgage Assistance form and the IRS Form 4506T-EZ or Form 4506-T form at www.ocwencustomers.com. If you are eligible, we will look at your monthly income and housing costs, including any past clue payments, and then determine an affordable mortgage payment. At first, you will make new, affordable monthly payments on your mortgage loan during a trial period. If you make those payments successfully and fulfill all trial period conditions, we will permanently modify your mortgage loan. The modification may involve some or all of the following changes to your mortgage loan: 1) Bringing your account current; 2) Reducing the interest rate on your loan; 3) Extending the term of the loan, and/or 4) delaying your repayment of a portion of the mortgage principal until the end of the loan term. GATHER THE INFO WE NEED TO HELP YOU To take advantage of this opportunity and the Home Affordable Modification Program, contact us as soon as possible. To help speed the process it will be helpful if you have the following information when you call: •Loan number •Monthly pre-tax income of each borrower *Information about any financial hardship you are suffering If you do not qualify for a loan modification under this program, or do not want to stay in your home or keep your rental property, we will work with you to explore other options available to help you keep your property or ease your transition to a new home, if applicable. CONTACT US We want to make modifying your mortgage loan as easy as possible. However, you must take the first step by contacting us at (800) 746-2936; Monday to Friday 8:00 am to 9:00 pm, Saturday 8:00 am to 5:00 pm, and Sunday 9:00 am to 9:00 pm ET. You may also write to us at the address at the bottom of this letter. Be sure to include the information listed above. Sincerely, Ocwen Loan Servicing 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 DEMANDTX.43 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt. NMLS # 1852 Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 45 of 61 P.O. Box 24646 West Palm Beach, a 33416-4646 IMPORTANT NOTICE We want to help you avoid foreclosure scams. FINANCIAL COUNSELING SERVICES When you are experiencing a financial hardship, counseling may be a way to help you manage your finances. We urge you to contact HUD approved agencies to obtain assistance in keeping your home. This assistance is available at no charge. For specific guidance on this notice or information related to the Home Affordable Modification Program, ask the counselor for MHA HELP. HUD Approved Housing Counseling: 1-800-569-4287 www.HUD.gov HOPE Hotline Number: 1-888-995-4673 Beware of Foreclosure Rescue Scams. Help is free! • There is never a fee to get assistance or information about the Making Home Affordable Program from your lender or a HUD-approved housing counselor. o For a HUD-approved counselor, visit: http://www hud aovioffices/hsq/sft-Vhcc/fcl • Beware of any person or organization that asks you to pay a fee in exchange for housing counseling services or modification of a delinquent loan. DEMANDTX.43 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and does not constitute an attempt to collect a debt. NAILS # 1852 Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 46 of 61 Attachment I United States Department of Housing and Urban Development Servicemembers Civil Relief Act Notice Legal Rights and Protections Under the SCRA Servicemembers on "active duty" or "active service," or a dependent of such a servicemember may be entitled to certain legal protections and debt relief pursuant to the Servicemembers Civil Relief Act (50 USC App. §§ 501-596) (SCRA). Who May Be Entitled to Legal Protections Under the SCRA? • Active duty members of the Army, Navy, Air Force, Marine Corps, Coast Guard, and active service National Guard; • Active service members of the commissioned corps of the National Oceanic and Atmospheric Administration; • Active service members of the commissioned corps of the Public Health Service; • United States citizens serving with the armed forces of a nation with which the United States is allied in the prosecution of a war or military action; and • Their spouses. What Legal Protections Are Servicemembers Entitled To Under the SCRA? • The SCRA states that, a debt uncured by a servicemember, or servicemember and spouse jointly, prior to entering military service shall not bear interest at a rate above 6 percent during the period of military service, and to a one-year period following the end of the service member's military service. • The SCRA states that, in a legal action to enforce a debt against real estate that is filed during, or within 9 months after the servicemember's military service, a court may stop the proceedings for a period of time, or adjust the debt. In addition, the sale, foreclosure, or seizure of real estate shall not be valid if it occurs during, or within 9 months after the servicemember's military service unless the creditor has obtained a court order approving the sale, foreclosure, or seizure of the real estate. • The SCRA contains many other protections besides those applicable to home loans. How Does A Servicemember or Dependent Request Relief Under the SCRA? • In order to request relief under the SCRA, a servicemember or spouse, or both, must provide a written request to the lender, together with a copy of the servicemember's military orders. Please send relief requests to Ocwen Loan Servicing, LLC by Fax: 1-561-682-8186, Email: arnra!oewen.com or Mail: 1661 Worthington Road, Suite 100, Attn: Servicemembers Civil Relief Act Department, West Palm Beach, FL 33409. How Does A Servicemember or Dependent Obtain Information About the SCRA? • The U.S. Department of Defense's information resource is "Military One Source." Website: http://www.tnilitarvonesource.com The toll-free telephone number for Military OneSource are: o From the United States: 1-800-342-9647 o From outside the United States (with applicable access code): 1-800-342-9647 o International Collect (through long distance operator): 1-484-530-5908 • Servicemembers and dependents with questions about the SCRA should contact their unit's Judge Advocate, or their installation's Legal Assistance Officer. A military legal assistance office locator for each branch of the armed forces is available at: http://legalassistance.law.af.mil/content/locator.php. SCRA HUD-92070 NIVILS 4: 1852 Rev. 3.3.2011 Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 47 of 61 Anexo I Departamento de Vivienda y Desarrollo Urbano de los Estados Unidos Notification de la Ley de Ayuda Civil a Miembros de las Fuerzas Armadas (SCRA) Protection v Derechos Amparados por la SCRA. Los miembros activos de las Fuerzas Armadas o sus dependientes tienen derecho a ciertas protecciones y ayuda con sus deudas, de acuerdo a lo establecido en la Ley de Ayuda Civil a Miembros de las Fuerzas Armadas (50 USC App. §§ 501-596) (SCRA). LOuienes tienen derecho a la protection de la SCRA? • Miembros activos de la Armada, Naval, Fuerza Aerea, Marina, Guardia Costera y Guardia Nacional; • Miembros activos de los cuerpos comisionados de la Administration Nacional Ocednica y Atmosferica; • Miembros activos de los cuerpos comisionados del Servicio de Salud Publica; • Ciudadanos de los Estados Unidos que se encuentren sirviendo en las fuerzas armadas de una nation aliada de Estados Unidos en la prosecution de una guerra o accion militar: y • Sus conyuges. Suales son las protecciones le2ales a las nue tienen derecho los miembros de las Fuerzas Armadas en virtud de la SCRA? • La SCRA establece que, una deuda impaga por un miembro de las Fuerzas Armadas o por un miembro de las Fuerzas Armadas y su conyuge conjuntamente, previa al ingreso en el servicio militar, no devengard intereses a una tasa superior al 6 por ciento durante el periodo del servicio militar ni durante el alio siguiente de terminado el servicio militar. • La SCRA establece que, en una accion legal para el cobro de una deuda contra un bien inmueble iniciada durante o dentro de los 9 meses siguientes al servicio militar, la corte puede detener el procedimiento por un periodo de tiempo o ajustar la deuda. Adicionalmente, la yenta, ejecucion hipotecaria o embargo de un bien inmueble no sera valida si tiene lugar durante el servicio militar o dentro los 9 meses siguientes, salvo que el acreedor obtenga una order judicial aprobando la yenta, ejecuciOn hipotecaria o embargo del bien inmueble. • La SCRA contiene varias otras protecciones ademas de las aplicables a los prestamos de vivienda. ;Como solicitan los miembros de las Fuerzas Armadas o sus dependientes avuda al amparo de la SCRA? • Para solicitar ayuda al amparo de la SCRA, los miembros de las Fuerzas Armadas o sus cOnyuges, o ambos, deben presentar una solicitud escrita al acreedor, conjuntamente con una copia de las 6rdenes del servicio militar del miembro. Por favor enviar las solicitudes de ayuda a Ocwen Loan Servicing, LLC por fax: 1-561-682-8186, correo electronico: arm@ocwen.com o correo: 1661 Worthington Road, Suite 100, Attn: Servicemembers Civil Relief Act Department, West Palm Beach, FL 33409. ;Como obtienen informacion sobre la SCRA los miembros de las Fuerzas Armadas o sus dependientes? • La fuente de informaciOn en el Departamento de Defensa de los Estados Unidos es "Military One Source". Website: http://www.rnilitaryonesource.com La linea gratuita para "Military One Source" son: o Desde Estados Unidos: 1-800-342-9647 o Desde fuera de Estados Unidos: 1-800-342-9647 o Cobro revertido internacional (a traves de un operador internacional): 1-484-530-5908 • Los miembros de las Fuerzas Armadas y sus dependientes con preguntas sobre el SCRA deben contactar al Asesor Juridico de su unidad o el Asistente Legal de su instalacion. El buscador de oficinas de asistencia legal para cada sucursal de las Fuerzas Armadas esta disponible en: http://legalassistance.law.af. mil/content/locator.php. Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 48 of 61 Customer Service ) Have questions? We're here to help. Available Actions USPS Tracking TM Tracking Number: 71901085972009937221 Product & Tracking Information USPS.com® - USPS TrackingTM Page 1 of 2 English Customer Service USPS Mobile Register/ Sign In USPS.COM. Postal Product: First-Class Mail® DATE & TIME November 7, 2014 , 8:49 am Extra Svc: Certified Mail' STATUS OF ITEM Departed USPS Facility Return Receipt Electronic LOCATION WEST PALM BEACH, FL 33416 The package is delayed and will not be delivered by the expected delivery date. An updated delivery date will be provided when available. Your item departed our USPS facility in WEST PALM BEACH, FL 33416 on November 7. 2014 at 8:49 am. The item is currently in transit to the destination. November 6, 2014 , 10:49 Pm November 4, 2014 , 6:38 pm October 31, 2014 2:02 pm October 15, 2014 , 3:00 pm October 14, 2014 , 2:36 pm October 14, 2014 , 9:57 am October 14, 2014 , 9:47 am October 14, 2014 , 9:19 am October 12, 2014 , 7:23 pm October 10, 2014 , 4:27 pm October 10, 2014 , 3:12 pm October 7, 2014 Arrived at USPS Facility Departed USPS Facility Unclaimed Shipment Accepted Notice Left (No Authorized Recipient Available) Out for Delivery Sorting Complete Arrived at Unit Arrived at USPS Facility Arrived at USPS Origin Facility Accepted at USPS Origin Sort Facility Pre-Shipment Info Sent to USPS WEST PALM BEACH, FL 33416 AUSTIN, TX 78710 CEDAR PARK, TX 78613 BONAIRE, GA 31005 CEDAR PARK, TX 78613 CEDAR PARK, TX 78613 CEDAR PARK, TX 78613 CEDAR PARK, TX 78613 AUSTIN, TX 78710 PONTIAC, MI 48340 OAK PARK, MI 48237 Track Another Package Tracking (or receipt) number Track It https://tools.usps.com/go/TrackConfirmAction.action?tRef=fullpage&tLc=1&text28777=... 4/10/2015 Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 49 of 61 USPS.com® - USPS TrackingTM Page 2 of 2 HELPFUL LINKS ON ABOUT.USPS.COM OTHER USPS SITES LEGAL INFORMATION Contact Us About USPS Home Business Customer Gateway Privacy Policy Site Index Newsroom Postal Inspectors Terms of Use FAas USPS Service Updates Inspector General FOIA Forms & Publications Postal Explorer No FEAR Act EEO Data Government Services National Postal Museum Careers Resources for Developers Copyright agt 2015 USPS. All Rights Reserved. Search or Enter a Tracking Number https://tools.usps.com/go/TrackConfirmAction.action?tRef=fullpage&thc=1&text28777—... 4/10/2015 Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 50 of 61 AFFIAN ire an sa Santoyo SUBSCRIBED and SWORN TO before me on this 2nd day of June, 2015, by Marisa Santoyo to certify which witness my hand and seal of office 10-003754-670 SYLVIA GRACIELA VAZQUEZ MY COMMISSION EXPIRES August 23, 2015 STATE OF TEXAS COUNTY OF DALLAS § AFFIDAVIT OF MARISA SANTOYO Before me, the undersigned authority, personally appeared Marisa Santoyo ("Affiant"), a person whose identity is known to me. After I administered an oath to Affiant, upon Affiant's oath, Affiant said: "My name is Marisa Santoyo. I am capable of making this affidavit. I am over the age of eighteen and have not been convicted of a felony or crime of moral turpitude. The facts stated in this affidavit are within my personal knowledge and are true and correct. I am the custodian of records for Mackie Wolf Zientz & Mann, P. C. ("MWZM") with respect to this Home Equity loan. The records attached to this Affidavit are records which were obtained and kept in the regular course of business by MWZM for purposes of liquidating the security for MARIA COLEMAN AND LOEL COLEMAN's ("Respondent") loan so that WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2006 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-HE2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE2 ("Petitioner") could obtain payment for the purchase money advanced for the Property. The records attached to this Affidavit include documents in the custody of MWZM. The records are the source of the exhibits attached to this Affidavit. It was in the regular course of business that MWZM or an employee or representative of MWZM obtained these documents and records which were kept and generated in MWZM's regular course of business which are essential and required to properly administer the loan file for Petitioner. MWZM, with knowledge of the act, event, condition or opinion recorded, obtained the business record which were received, checked, verified and then incorporated into, and made an integral part of, MWZM's business records and file, and kept in its regular course of business; or MWZM made the record or transmitted the information to be included in such records. The records were made at or near the time, or reasonably soon after the act, event, or condition recorded. The records attached to this Affidavit are the originals or exact duplicates of the original and contain 6 pages." SIGNED THIS 2nd day of June, 2015. STATE OF TEXAS COUNTY OF DALLAS Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 51 of 61 Mackie, Wolf & Zlentz, PC PO Box 9077 Temecula, CA 92589-9077 PRESORT First-Class Mad U.S. Postage and Fees Paid WS() Sand Correspondence to: Mackie, Wolf & Zientz, PC 14160 North Dallas Parkway Suite 900 Dallas, TX 75254 9307 1100 1170 0803 7971 63 LOEL COLEMAN 205 N COUGAR AVE CEDAR PARK, TX 78613-2318 ACC4 Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 52 of 61 9307.1100. 1170. 0803. 7971 63 MACKIE WOLF ZIENTZ & MANN, P.C. ATTORNEYS AT LAw Prioxr (214) 635-2650 FAX (214) 635-2686 PARKWAY Orrice CENTER, Sums 900 14160 NoRm DALLAS PARKWAY DALLAS, TEXAS 75254 * rtr.A.sri nEsraND lo DALLAS OFFICS: 10-003754-670 April 6, 2015 CERT MAIL LOEL COLEMAN 205 COUGARAVENUE N CEDAR PARK, TX 78613 UNION PLAZA 124 WEST GwffoL, Suit 1560 Lrrrir ROCK, ARKANSAS 72201 RE: LoiN No. MWZM NOTICE OF ACCELERATION OF LOAN MATURITY Dear LOEL COLEMAN, We have been retained by Ocwen Loan Servicing, LLC, Mortgage Service'. for WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2006 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-HE2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE2, 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: WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2006 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-11E2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 200641E2 00 Ocwen Loan Servicing, LLC 1661 WORTHINGTON ROAD, SUITE 100 WEST PALM BEACH, FL 33409 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 OCWEN LOAN SERVICING, LLC 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 04/0612015. 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 $132,755.91. 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 amount due by contacting (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 have the right to bring a court action to assert the non-existence of a default or any other defense to acceleration and foreclosure. ASSERT AND PROTECT YOUR RIGI AS A MEMBER OF THE ARMED FORCES OF THE UNITED STATES. IF YOU ARE OR YOUR SPOUSE IS SERVING ON ACTIVE MILITARY DUTY. INCLUDING 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 Ai EMPTING TO COLLECT THE DEBT AND ANY INFORMATION OBTAINED BY IT WILL BE USED FOR THAT PURPOSE. Sincerely yours, Mackie Wolf Zientz & Mann, P.C. kr: Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 53 of 61 USPS.com® - USPS TrackingTM Page 1 of 1 English Customer Service LISPS Mobile Register I Sign In usPs.cavr USPS TrackingTM Customer Service > Have questions? We're here to help. Tracking Number: 9307110011700803797163 Product & Tracking Information Available Actions Postal Product: First-Class Mae Extra Svc: Certified Mar Text Updates DATE & TIME STATUS OF ITEM LOCATION Email Updates April 8, 2015 Pre-Shipment Info Sent to USPS The U.S. Postal Service was electronically notified by the shipper on April 8, 2015 to expect your package for mailing. This does not indicate receipt by the USPS or the actual mailing date. Delivery status information will be provided if/when available. Track Another Package Tracking (or receipt) number Track it HELPFUL LINKS ON ABOUT.USPS.COM OTHER USPS SITES LEGAL INFORMATION Contact Us About USPS Home Business Customer Gateway Privacy Policy Site Index Newsroom Postal Inspectors Terms of Use FAQs USPS Service Updates Inspector General FOIA Forms & Publications Postal Explorer No FEAR Act EEO Data Government Services National Postal Museum Careers Resources for Developers Copyright 2015 USPS. All Rights Reserved. Search or Enter a Tracking Number hnps://tools.usps.com/go/TrackConfirmAction.action?tRef=fullpage8aLc=l&text28777—... 4/10/2015 Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 54 of 61 Mackie, Wolf & Zientz, PC PO Box 9077 Temecula, CA 92589-9077 PRESORT First-Class Mail U.S. Postage and Fees Paid WS0 9307 1100 1170 0803 7971 70 Send Correspondence to: Mackie, Wolf & Zienlz, PC 14160 North Dallas Parkway Suite 900 Dallas, TX 75254 11110111,19,1111111,11,11111+199,111111'111,11111"hivIII MARIA COLEMAN 205 N COUGAR AVE CEDAR PARK, TX 78613-2318 ACC4 Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 55 of 61 9307 1100 1170 0803 7971. 70 MACKIE WOLF ZIENTZ & MANN, P.C. ATTORNEYS AT IAA' PHONE (214) 635-2650 FAX (214) 635-2686 PARKWAY Office CENTER, SLYER. 900 14160 Norm DALLAS PARKWAY DALLAS, TEXAS 75254 *PaAss11031.11\1) in DAL 1..4S °RICE 10-003754-670 April 6, 2015 CERT MAIL MARIA COLEMAN 205 COUGARAVENUE N CEDAR PARK, TX 78613 UNION PLAZA 124 WEST Carton, SLUE 1560 LIME ROCK, ARKANSAS 72201 RE: Lox,: No. MWZM NOTICE OF ACCELERATION OF LOAN MATURITY Dear MARIA COLEMAN, We have been retained by Ocwen Loan Servicing, LLC, Mortgage Servicer for WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2006 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-11E2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE2, 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: WELLS FARGO BANK, NATIONAL-ASSOCIATION, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2006 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-11E2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE2 GO Ocwen Loan Servicing, LLC 1661 WORTHINGTON ROAD, SUITE 100 WEST PALM BEACH, FL 33409 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 OCWEN LOAN SERVICING, LLC 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 04/06/2015. 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 $132,755.91. 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 amount due by contacting (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 have the right to bring a court action to assert the non-existence of a default or any other defense to acceleration =I foreclosure. 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 NATIONAI, GUARD OF ANOTHER STATE OR AS A MEMBER OF A RESERVE COMPONENT OF THE ARMED FORCES OF THE UNITED STATES. PLEASE SEND WRI ITE,N NOTICE OF THE ACTIVE DUTY MILITARY SERVICE TO THE SENDER OF THIS NOTICE IMMEDIATELY THIS FIRM IS A DEBT COLLECTOR AI EMPTING TO COLLECT THE DEBT AND ANY INFORMATION OBTAINED BY IT WIT .1 BE USED FOR THAT PURPOSE. Sincerely yours, Mackie Wolf Zientz & Mann, P.C. Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 56 of 61 Postal Product: First-Class Mail° DATE & Extra Svc: Certified Mail° Text Updates STATUS OF ITEM LOCATION Email Updates USPS.com® - USPS TrackingTm Page 1 of 1 English Customer Service USPS Mobile Register! Sign In P.; USPS.COM . USPS Tracking' Customer Service > Have questions? We're here to help. Tracking Number: 9307110011700803797170 Product & Tracking Information Available Actions April 8, 2015 Pre-Shipment Info Sent to USPS The U.S. Postal Service was electronically notified by the shipper on April 8, 2015 to expect your package for mailing. This does not indicate receipt by the USPS or the actual mailing date. Delivery status information will be provided ifIwhen available. Track Another Package Tracking (or receipt) number Track It HELPFUL LINKS ON ABOUT.USPS.COM OTHER USPS SITES LEGAL INFORMATION Contact Us About USPS Home Business Customer Gateway Privacy Policy Site Index Newsroom Postal Inspectors Terms of Use FAQs USPS Service Updates Inspector General FOIA Forms & Publications Postal Explorer No FEAR Act EEO Data Government Services National Postal Museum Careers Resources for Developers Copyright 2015 USPS. All Rights Reserved. Search or Enter a Tracking Number haps ://tools.usps.com/go/TrackConfirmAction.action?tRef=fullpage&thc=1&text28777=... 4/10/2015 Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 57 of 61 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, TX 75254 * PLEASE RESPOND TO DALLAS OFFICE June 2, 2015 Williamson County District Clerk Williamson County Justice Center 405 M.L.K. Street Georgetown, TX 78626 RE: In Re: Foreclosure concerning: UNION PLAZA 124 WEST CAPITOL, SUITE 1560 LITTLE ROCK, ARKANSAS 72201 Mortgagor: MARIA COLEMAN AND LOEL COLEMAN Property Address: 205 COUGAR AVENUE N, CEDAR PARK, TX 78613 Mortgagee: WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2006 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-HE2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-HE2 MWZM No: 10-003754-670 To Whom It May Concern: Please serve each citation with a copy of the Home Equity Foreclosure Application attached, via First Class U.S. Mail and Certified Mail, to: MARIA COLEMAN AND LOEL COLEMAN (hereinafter "Respondent"), and the OCCUPANT of the property. LOEL COLEMAN MARIA COLEMAN OCCUPANT OF THE 205 COUGAR AVENUE N 205 COUGAR AVENUE N PROPERTY CEDAR PARK, TX 78613 CEDAR PARK, TX 78613 205 COUGAR AVENUE N CEDAR PARK, TX 78613 If you have any questions or concerns, please feel free to contact me at the number above. Sincerely, Israel Saucedo Enclosures Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 58 of 61 CIVIL CASE INFORMATION SHEET t ISE NUMBER (FOR CLERK USE ONLV: COURT (i'OR CLERK USE ONLY): MARIA COLEMAN AND LOEL COLEMAN AND WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE UNDER POOLING. ND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2006 SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-11E2 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 200641E2 STYLED (e.g.. John Smith v. All American Insurance Co. In re Mary Ann tones. In the Is latter of the Estate of George Jackson) A civil case information sheet must be completed and submitted when an original petition or application is filed to initiate a new civil. fimily law. probate. or mental health case or when a post-judgment petition for modification or motion for enforcement is filed in a family law case. The information should be the best available at the time of filing. (map .select more than 1): 0 Declaratory Judgment ['Garnishment O Interpleader O License ❑ mandamu s 1:Post-judgment 0 Prejudgment Remedy ❑ Protective Order pReceiver 0 Sequestration aTemporary Restraining Order Injunction ['Turnover State Bar No: 24042221 1. Contact information for person completing case information sheet: Name: Israel Sauceclo isaucedo@mwzmlaw.com Address: Telephone: Parkway Office Center, Suite 900 (214) 635-2678 14160 North Dallas Parkway Names of parties in case: Plaintiff(s)Tetitioner(s): WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER I, 2006 SELURI t IZED ASSE T BACKED RECEIVABLES LLC TRUST 2006-FIE2 1VJORTGA GE PASS-THROUGH 441901tAYOSOTA,13661-1E2 MARIA COLEMAN AND LOEL COLEMAN Additional Parties in Child Support Case: Custodial Parent: Non-Custodial Parent: 2. Indicate case type, or identify the most important issue in the case (select only 1): Civil Family Lou' Contract Debt/Contract DConsumer'DTRA 0Debt!Contract 0FramPMisrepresentation ['Other Debt/Contract: Foreclosure ®Home Equity—Expedited ['Other Foreclosure ['Franchise 0 Insurance 0 Land lord Tenant 0Non-Competition DPartnership 0Other Contract: Employment 0 Discrim inat ion O Retaliation °Termination O Workers- Compensation 00ther Employment: Injury or Damage 0Assault/Battery O Construction 0 Defamation Ma/practice ['Accounting ['Legal Okledical ['Other Professional Liability: O Motor Vehicle Accident ['Premises Product Liability ❑ Asbestos/Silica ['Other Product Liability List Product: 0 Other Injury or Damage: CI Administrative Appeal 0 Anti trust'Unfair Competition 0 Code Violations ['Foreign Judgment ❑ Intellectual Property Real Property CI Eminent Domain' Condemnation ['Partition [IQuiet Title ['Trespass to Try Title ['Other Property: Related to Criminal Matters ['Expunction ['Judgment Nisi 0Non-Disclosure ❑ Seizure'Forreiture 0 Writ of lIabeas Corpus— Pre-indictment 00ther Marriage Relationship 0 Annulment ['Declare Marriage Void Divorce CI With Children 0No Children Other Family Law O Enforce Foreign Judgment ['Habeas Corpus 0 Name Change ['Protective Order O Removal of Disabilities of Minority nOther: Post-judgment Actions (non-Title IV-D) 0 Enforcement ONIodification—Custody 0Moditication—Other Title IV-D 0 Entbrcement!Moditication ['Paternity ['Reciprocals (UIFSA) ID Support Order Parent-Child Relationship 0 Adoption/Adopt ion with Termination 0 Child Protection 0Child Support ['Custody or Visitation 0Gestational Parenting 0 Grandparent Access 0 ParentageTatemity OTermination of Parental Rights ['Other Parent-Child: Probate & Mental Health Tax Pt-obatelDlIsfintestate :4 din illiSfrati077 0 Dependent Administration 0Independent Administration 00ther Estate Proceedings ❑ Guardianship---Adu It 0 Guardianship -Minor Oklental Health Dother: ['Tax Appraisal ['Tax Delinquency 00ther Tax 4. Indicate damages sought (do not sdect if it is a fan law case): 0 Less than .$100.000, including damages of any kind, )enalties, costs, expenses. pre judgment interest. and attorney fees ['Less than $100.000 and non-monetary relief Thiver $]00.000 but not more than S200.000 DOYer $30U.UUl7 but not more I ban $1,01111,000 00ver S1.000,000 MWZM # 10-003754-670 3. Indicate procedure or remedy if applicable DAppeal from Municipal or Justice Court 0Arbitration-related 0 t achment of Review ['Certiorari 0Class Action Other Civil ['Lawyer Discipline 0 Perpetuate Testimony ['Securities Stock ['Trillions Interference 00ther: City 'State'Zip: Dallas, TX 75254 Fax: (214) 635-2686 Presumed Father: [Attach additional page as necessary to list all patties] Person or entity completing sheet is: ®Attorney for PlaintiffTetitioner OA.° Se PlaintiffTetiti oiler 0Title \ --1) Agency ❑ Other: Rev 2/13 Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 59 of 61 EnvelopeDetailshttps://efile.txcourts.gov/EnvelopeDetails.aspx?envelopeguid=e61852a6-... Printthispage Case # 15-0553-C277 - WELLSFARGOBANKvs. LOEL COLEMAN,MARIACOLEMAN,OCCUPANTOFTHE PROPERTY (Mathews, Stacey) CaseInformation LocationWilliamsonCounty - 277thJudicialDistrictCourt DateFiled06/02/201503:05:07PM CaseNumber15-0553-C277 WELLSFARGOBANKvs. LOELCOLEMAN,MARIACaseDescription COLEMAN,OCCUPANTOFTHEPROPERTY AssignedtoJudgeMathews, Stacey AttorneyIsraelSaucedo FirmNameMackieWolfZientz & Mann, PC FiledByBillWaples FilerTypeNotApplicable DamagesSoughtOver $100,000butnotmorethan $200,000 Fees ConvenienceFee$ 16.75 TotalCourtCaseFees$ 260.00 TotalCourtFilingFees$ 317.50 TotalCourtServiceFees$ 2.00 TotalFiling & ServiceFees$ 0.00 TotalServiceTaxFees$ 0.00 TotalProviderServiceFees$ 0.00 TotalProviderTaxFees$ 0.00 GrandTotal$ 596.25 Payment AccountNameMWZMAmex TransactionAmount$ 596.25 TransactionResponseApproved TransactionID9049477 Order # 005512797-0 Petition FilingTypeEFile FilingCodePetition FilingDescriptionApplicationforanExpeditedOrder/En#5512797 ReferenceNumber10-003754-670COLEMAN CommentsTRCP736HEFCLAPPLICATION 1of26/3/201510:05AM Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 60 of 61 EnvelopeDetailshttps://efile.txcourts.gov/EnvelopeDetails.aspx?envelopeguid=e61852a6-... StatusAccepted AcceptedDate06/02/201503:27:52PM Fees CourtFee$ 317.50 ServiceFee$ 0.00 OptionalServices Copies - Non-Certified$ 82.50 (330x $0.25) Copies - Non-CertifiedFirstPage$ 1.00 IssueCitation$ 24.00 (3x $8.00) Service - CertifiedMail$ 210.00 (3x $70.00) Documents LeadDocumentCOLEMANHEFCLAPPLICATION.pdf[ Original][ Transmitted] AttachmentsCOLEMANCIVILINFOSHEET.pdf[ Original][ Transmitted] AttachmentsCOLEMANCOVERLETTER.pdf[ Original][ Transmitted] 2of26/3/201510:05AM Case 1:16-cv-00404-LY-ML Document 29-4 Filed 07/12/16 Page 61 of 61
