IN THE CIRCUIT COURT OF FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF. Pursuant to Rule, Defendants. and hereby request that

Transcription

1 IN THE CIRCUIT COURT OF Plaintiff, vs. CASE NO: DIVISION: FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF Defendants, / FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF Pursuant to Rule, Defendants and hereby request that Plaintiff,, produce the following documents for inspection and copying at the offices of Defendants and, address or at some other mutually agreeable location, within thirty (30) days of service of this request. As used herein: DEFINITIONS The phrase this Request or "these Requests" means this First Request for Production of Documents to Plaintiff, or any part thereof specified. The terms Trustee, Plaintiff, you, or "your" mean Plaintiff and/or Plaintiff's associates, agents, master servicers, servicers, sub servicers, special servicers, service providers, sub-contractors and related parties or entities. The terms Defendant, Borrower or Guarantor mean the Defendants and specifically and

2 The term Property or Residence means. The term Trust means the and the Plaintiff and their associates, agents, servicers, master servicers, special servicers, sub servicers, underwriters, depositors, custodians, loan originators, loan sellers, service providers, sub-contractors and related parties or entities. The term Loan means the current primary mortgage loan, guarantees related to the loan, documents in the Defendant s closing package of the loan and any subsequently amended, substitute, modified, additional, revised or corrected versions of the same. The term Loan Related Documents means all other documentation related to the Loan not included in section 5. Above including but not limited to documents bearing the signature of any, some or all of the Defendants or guarantors on the Loan, documents referring to the Defendant(s), documents containing the loan number, documents containing the MERS ID or MIN number, documents containing the CUSPID Number, any Loan related allonges, assignments of the Loan, all Loan related communications, all documents containing the name(s) of the Defendants, and documents containing the address of the Property. The term Note Holder means any person or entity having any current or past interest in, possession of, or ownership of the Loan including but not limited to ownership interests, beneficiary interest in the mortgage note or guarantees related to the Loan on the Property

3 The term Servicer shall mean any Master Servicer, Sub Servicer or Special Servicer to the Trust and any party listed as a Servicer, Master Servicer, Sub Servicer or Special Servicer in the Pooling and Servicing Agreement and Prospectuses or other documents that are related to the Trust including their successors, assigns, alternate or substituted parties. Servicer shall also mean any party involved in or related to the collection of loan payments, escrow payments, tax payments, tax insurance deposits or payments and any and all billing and collection matters related to the Loan. The term Depositor means any and all depositors that may have been involved in the pooling or servicing of the Loan or other loans into the Trust. Depositor shall also mean any party that was or acted as the Custodian to the Trust as is listed or defined in the Pooling and Servicing Agreement, Prospectuses or other documents that are related to the Trust, including their successors, assigns, alternate or substituted parties. The term Underwriter means any and all underwriters that may have been involved in the underwriting of certificates in the Trust. The term Agency or Agencies means any and all forms of governmental, nongovernmental or quasi-governmental organization, investigative agency, law enforcement agency, regulatory agency, bank regulating agency, securities regulating agencies or their regulators, investigators, prosecutors, staff, agents, employees or officials (whether federal, state or local). Agency or Agencies shall include but not be limited to: a. The Board of Governors of the Federal Reserve System b. The Comptroller of the Currency - 3 -

4 c. The Office of Thrift Supervision d. The Director of the Office of Thrift Supervision e. The Department of Housing and Urban Development f. The Inspector General of the Office Department of Housing and Urban Development g. The National Credit Union Administration h. The Federal Deposit Insurance Corporation i. The Farm Credit Administration j. The Securities and Exchange Commission k. The Securities Investor Protection Corporation l. The Federal Bureau of Investigation m. The Secret Service n. Any and all Federal bank, thrift, trust or credit union supervising, enforcement or regulating agencies o. The Attorney General s office any State p. State of Florida State Banking Department q. State of Florida s Office of Financial Regulation r. Any State s bank, thrift, trust or credit union supervising, enforcement or regulating agencies s. Any Federal or State agencies that enforce securities related laws or that license, regulate, investigate, enforce, prosecute, supervise or oversee securities related matters of law, licensing and regulation. t. Any and all local, federal or state law enforcement agencies - 4 -

5 u. For all of aforementioned, Agency or Agencies shall include all institutions they regulate, investigate, supervise, oversee, advise to or that report to them. The term Person or Persons means any individual, partnership, corporation, company, association or Agency. Wherever a request is or has been made to identify a person or Agency, the term person includes any individual, partnership, corporation, company, association or Agency or any other entity of any kind; and "identify" means to supply the name and last known business and home address, all addresses, phone numbers, fax numbers and any other information that can be used to identify or contact them. The terms document", "documents" or "document(s)" mean any and all items that are in your actual or constructive possession or custody, or which are under your control, or to which you have access including any form created in an electronic format, and means the original and each non-identical copy, whether different from the original because of marginal notes or other material inserted therein or attached thereto or otherwise, and drafts and both sides thereof, of any written, printed, recorded, or graphic matter, however produced, stored or reproduced, of any kind of description, whether sent or received or neither, including: papers, books, letters, telegrams, cables, telex messages, messages stored on secure web servers, messages delivered from web sites, security reports or alerts, exception notices, computerized warning notices, memoranda, communications, drawer receipts, notes, invoices (including all bills and statements of account), credit-card memos, notations, work papers, transcripts, minutes, minute books, stock books, stock certificates, stock records, bank statements, - 5 -

6 credit-card statements, corporate resolutions, reports and recordings of telephone or other conversations or of interviews or of conferences or other meetings, affidavits, statements, manuscripts, media articles, legal papers, summaries, opinions, reports, studies, analyses, evaluations, contracts, agreements, ledgers, journals, statistical records, desk calendars, appointment books, diaries, lists, tabulation, sound recordings, computer printouts, data processing input and output, diskettes, computer codes, electronic mail, text messages, instant electronic messages, microfilms, photographs, motion pictures, maps, charts, accounts, financial statements and reports, and all other records kept by electronic, photographic, optical or mechanical means, and things similar to any of the foregoing, however denominated. WARNING: Computer generated, stored documents, or digitized information (whether stored, electrically, magnetically, by any form of magnetic impulse, optically or in any other form) of any sort, including computer files or data, electronic mail, and information on hard disk, storage device, tapes, or removable storage device, which has been erased but is retrievable constitute documents within the meaning of this definition. An inspection of your computer system, mirror servers, cell phones, electronic Personal Digital Assistant Devices (PDA s), tablet computers, laptop computers, remote access servers, terminals, cell phone records, including text messages and multimedia messaging systems, instant message systems, mirrored internet sites, backup servers, storage media, offsite computers, storage may be necessary to assure compliance with this request. The terms correspondence or communications mean, but are not limited to, all documents of any kind which evidence, memorialize, reflect or otherwise relate to any and all forms of communications, including letters (whether typed, printed or written), notes, wires, faxes, telecopies, electronic mail, text messages, instant messages and telegrams

7 The terms or phrases relates to or relating to mean to constitute, refer to, reflect, mention, evidence, concern, pertain to, summarize, analyze or in any way logically or that factually associates with the matter discussed. The terms concern or concerning mean and when used with respect to any given subject, shall include: arising out of, consisting, constituting, containing, concerning, stating, pertaining to, dealing with, with respect to, referring to, relating to, regarding, substantiating, purporting, embodying, establishing, identifying, listing, evidencing, comprising, connected with, memorializing, recording, commenting upon, responding to, showing, describing, analyzing, reflecting, representing, or constituting, whether in whole or in part or having any logical or factual connection(s) whatsoever with the subject, regardless of whether the factual connection is favorable or adverse to any party. The term "including" means including, but not limited to. The term "any" shall mean any and all. The terms "all" and "each" shall be construed as all, each, any and every. And and or shall be construed synonymously, disjunctively or conjunctively, as necessary in order to bring within the scope of this Request all responses that might otherwise be construed to be outside the scope of this Request. INSTRUCTIONS Documents produced in response to this Request should reflect in a form of manner that coincides with the numbered Request to which they are responsive. The singular number and masculine gender as used herein shall embrace, and be read and applied as, the plural or the feminine or the neuter, as the circumstances - 7 -

8 may make appropriate, and in order to make the Request inclusive rather than exclusive. Each paragraph below shall operate and be construed independently, and, unless otherwise indicated, no paragraph limits the scope of any other paragraph. Each and every document called for or falling within the scope of this Request, but withheld because of a claim of privilege, work product, immunity or other objection, must be identified in the following respects: (a) (b) (c) (d) (e) (f) (g) (h) the specific basis on which the document is being withheld; the names of any and all persons who have seen the document; the date and subject matter of the document; the location of the document; the custodian of the document; the author(s) or preparer(s) of the document; the recipient(s) of the document; and the persons who were furnished copies of the document. Unless otherwise specified, the documents produced for inspection shall be produced as they are kept in the usual course of business and shall be organized and labeled to correspond with the paragraphs set forth below. The obligation to produce the documents requested herein is intended to be of a preceding and continuing nature so that if at any time after compliance with this request, you should acquire possession, custody or control of any additional documents within the scope hereof, except to the extent such documents are obtained by discovery in the public record of this case, you must furnish such documents as soon as is practicable. In the event that any of these Requests are deemed objectionable as overly broad, unduly burdensome, or any other similar objection to scope, then provide all responsive documents that are not subject to the stated objection

9 Except where specifically noted, the scope of each request calls for documents or communications created, produced, generated, sent, received, obtained, maintained or within your possession or control during the time period extending from, to the present. DOCUMENTS TO BE PRODUCED 1. The most recent resume or curriculum vitae of each individual you relied upon to investigate the Defendant s financial condition or to audit, review, perform field exams, test compliance, analyze assets, value, assess financial condition, determine compliance with loan covenants, review or analyze borrowing base reports, the Defendant s mortgage loan files, records and financial statements. 2. All documents or communications concerning or relating to documents, drafts, working papers, invoices, bills, bill payment records, scope of service letters, contracts or documents or communications generated by every expert witness you have retained in connection with this lawsuit. 3. All notes, diagrams, photographs, work papers or other documents or communications prepared or reviewed by every expert witness you have retained in connection with this lawsuit. 4. All documents or communications concerning or relating to reports prepared by any experts you have retained in connection with this lawsuit or any of the subject-matter of this lawsuit, including but not limited to, all documents or communications referring to or relating to any findings or opinions which findings or opinions relate to the allegations set forth in the Complaint or Counterclaims. 5. If you contend that Defendants or any of their agents or representatives at - 9 -

10 any time made an admission against interest with respect to any issue or fact alleged in any Complaint, Answers or Counterclaims filed in the action, then produce all documents or communications which relate to or support your contention. 6. All documents or communications concerning or relating to communications referring or relating to communications relating to the Defendants, Plaintiff s or Plaintiff s associates concerning or relating to any of the allegations set forth in any Complaint, Answers or Counterclaims filed in the action. 7. All documents or communications concerning or relating to appraisals of the Property including but not limited to copies of all appraisals and communications with all appraisers. 8. All documents or communications concerning or relating to initial and any subsequent applications for the Loan including but not limited to the Initial and Final Loan Application (Forms 1003). LOAN RELATED DOCUMENTS 9. All documents or communications concerning or relating to any Executed Notices of a Right to Cancel. 10. All documents or communications concerning or relating to Executed Mortgage/Deed of Trust and all Riders, including the original that has been fully executed by all parties. 11. All documents or communications concerning or relating to True and Correct Copies of the Original Mortgage Note and All Addendums/Riders

11 12. All documents or communications concerning or relating to Initial and Final Truth-in-Lending Statements. 13. All documents or communications concerning or relating to Initial Good Faith Estimates. 14. All documents or communications concerning or relating to any all Federal & State disclosures containing the borrower(s) signature. 15. All documents or communications concerning or relating to any Final Closing Statements (HUD-1). 16. All documents or communications concerning or relating to any True and Correct Copies of any signed Appraisals. 17. All documents or communications concerning or relating to any Credit Reports used to qualify for the Loan 18. All documents or communications concerning or relating to any Grant/Warranty Deed(s). 19. All documents or communications concerning or relating to any Deeds of Trust related to the property. 20. All documents or communications concerning or relating to any and all income related documents related to the Loan and Loan application. 21. All documents or communications concerning or relating to Loan and Loan application including but not limited to the original mortgage and note

12 22. All documents or communications concerning or relating to the income of the Defendants. 23. All documents or communications concerning or relating to the Defendants qualification to borrow funds. 24. All documents or communications concerning or relating to all title insurance, title commitments and closing documents. 25. All documents or communications concerning or relating to the Borrower s Loan Payment History including but not limited to details regarding all payments made, fees, interest rates charged and all other costs, accrual of balances owed and billing incurred with documents including all legends and codes used in respect to record keeping and accounting regarding accounts to subject loan by Plaintiff, Plaintiff s associates or any Servicer. 26. All documents or communications concerning or relating to proposed escrow amounts and actual escrow amounts. 27. All documents or communications concerning or relating to escrow credits and escrow account disbursements. 28. All documents or communications concerning or relating to escrow account disbursements and any and all forms of insurance and credit enhancements. 29. All documents or communications contained in the Borrower s entire Loan file. 30. All documents or communications concerning or relating to the origination of the Loan, including all communications that pre-date the closing of the Loan

13 31. All documents or communications concerning or relating to the closing of the loan, including all communications that post-date the closing of the Loan. 32. All documents or communications concerning or relating to the conveyance or assignments of the mortgage including but not limited to Certified Copies of Original Assignment of Mortgage and any subsequent Assignments of Mortgage. 33. All documents or communications concerning or relating to the execution of the assignment of the mortgage including but not limited to Certified Copies of Original Assignment of Mortgage and any subsequent Assignments of Mortgage. 34. All documents or communications concerning or relating to closing lender (loan originator) and the Plaintiff, the Loan, Borrower or Defendants. 35. All documents or communications concerning or relating to the Loan documents or Loan Related Documents. LOST OR DESTROYED NOTE RELATED REQUESTS 36. All documents or communications concerning or relating to the Custodian that relate to the Loan or Loan Related Documents. 37. All documents or communications concerning or relating to the holder, bearer location and transportation of the Original Mortgage Note and the original Executed Mortgage. 38. All documents or communications concerning or relating to the holder, bearer location and transportation of the Loan or Loan Related Documents

14 39. All documents or communications concerning or relating to the alteration, loss or destruction of all or part of any of the Loan documents, the Original Mortgage Note or the original executed mortgage. 40. All documents or communications concerning or relating to the alternation, loss or destruction of all or part any Loan documents or Loan Related Documents. 41. All documents or communications concerning or relating to notifications made to any government agency including but not limited to the Securities and Exchange Commission relating to the alternation, loss destruction of the original mortgage note or the original executed mortgage. 42. All documents or communications concerning or relating to compliance with Section 17f of SEC 1934 including but not limited to copies of all forms and documents submitted to the Securities and Exchange Commission.. SECURITIZATION AND OTHER RELATED REQUESTS 43. All documents or communications concerning or relating to the Depositor for the Trust referring to the Loan, the Borrower or the Defendants. 44. All documents or communications concerning or relating to the Underwriter(s) related to the Trust referring to the Loan, the Borrower or the Defendants. 45. All documents or communications concerning or relating to the Sponsor(s) related to the Trust referring to the Loan, the Borrower or the Defendants. 46. All documents or communications concerning or relating to the Loan Servicer(s) related to the Trust referring to the Loan, the Borrower or the Defendants

15 47. All documents or communications concerning or relating to the Loan Special Servicer(s) related to the Trust referring to the Loan, the Borrower or the Defendants. 48. All documents or communications concerning or relating to any owners or holders of the Note or Mortgage related to the Trust referring to the Loan, the Borrower or the Defendants. 49. All documents or communications concerning or relating to MERS and the Loan, the Borrower or the Defendants. 50. All documents or communications concerning or relating to all internal memos, documentation, and internal policy protocol, procedures including but not limited to manuals, directions or instructions, regarding MERS and the assignment of mortgages. 51. All documents or communications concerning or relating to Pooling Agreements between the closing lender and/or any other lender or funding source and party or parties who could claim an interest in the Loan and Loan Related Documents. 52. All documents or communications concerning or relating to any servicing agreements between the closing lender and/or any other lender or funding source and party or parties who could claim an interest instant in the Loan. 53. All documents or communications concerning or relating to the Trust, Trustee and master purchasing agreements. 54. All documents or communications concerning or relating to Trust, Trustee and special purpose vehicle or SPE agreements

16 55. All documents or communications concerning or relating to the Trust, Trustee and any Pooling and Servicing Agreements for Asset Backed Pass-Through Certificate Series that the Loan is held by, was held by or may be a part of. 56. All documents or communications concerning, relating to or containing the exact name of the asset backed security trust that the Loan was ever sold into including those of any asset backed security trust that the Loan may have subsequently been conveyed to. 57. All documents or communications concerning or relating to the Plaintiff and the Trustee of the asset backed mortgage security trust that bought, held or owned the Loan. 58. All documents or communications concerning or relating to the date that the Loan or Loan Related Documents were assigned to the Trust. 59. All documents or communications concerning or relating to the assignment of any Loan documents or Loan Related Documents to the Trust that were executed or notarized before the filing date of the complaint in this action. 60. All documents or communications concerning or relating to the assignment of any Loan documents or Loan Related Documents that were executed or notarized after the filing date of the complaint in this action. 61. All documents or communications concerning or relating to the assignment of defendant s mortgage to the Trust that were executed before the Cutoff Date of the Trust. 62. All documents or communications concerning or relating to the assignment of defendant s mortgage to the Trust that were executed after the Cutoff Date of

17 the Trust. 63. All documents or communications concerning or relating to the assignment of defendant s mortgage to the Trust that were executed before the Closing Date of the Trust. 64. All documents or communications concerning or relating to the assignment of defendant s mortgage to the Trust that were executed after the Closing Date of the Trust. 65. All documents or communications concerning or relating to the Loan and the certification of the collateral of Trust. 66. All documents or communications concerning or relating to the Servicer or the Trust and MERS. 67. All documents or communications concerning or relating to the Trust, the Trustee, Underwriter or the Servicer and investors or prospective investors. 68. All documents or communications concerning or relating to any Trust Agreements between the closing lender, loan originator or any other lender, funding source, party or parties who has either had, currently has or who could claim to have a current or past interest in all or part of the Loan or Loan Related Documents including the Loan s underlying note and mortgage. THE RECORDING OF THE LOAN AND STATE REGISTRATION 69. All documents or communications concerning or relating to the Loan, the Borrower or the Defendants and the recording of the Loan with the state where the property is located or the failure or decision not to record the Loan or Loan assignments in the state where the property is located

18 70. All documents or communications concerning or relating to the Trust and the filing of a declaration of trust in the state where the Property is located. 71. All documents or communications concerning or relating to the Trustee and the Trustee s registration with the Division of Corporations in the state where the Property is located. 72. All documents or communications concerning or relating to the Servicer and the Servicer s registration with the Division of Corporations in the state where the Property is located. 73. All documents or communications concerning or relating to the Underwriter and the Underwriter s registration with the Division of Corporations in the state where the Property is located. 74. All documents or communications concerning or relating to the Trustee and the Trustee s compliance or non-compliance with the securities laws with of the state where the Property is located. 75. All documents or communications concerning or relating to the Trust and the Trust s compliance or non-compliance with the securities laws with of the state where the Property is located. 76. All documents or communications concerning or relating to the Originator and the Originator s compliance or non-compliance with the securities laws with of the state where the Property is located. 77. All documents or communications concerning or relating to the Underwriter and the Underwriter s compliance or non-compliance with the securities laws with of the state where the Property is located. 78. All documents or communications concerning or relating to the Trust and the Trust s compliance or non-compliance with the National Banking Act

19 ASSIGNMENT, OWNERSHIP OR CONVEYANCE OF THE LOAN 79. All documents or communications concerning or relating to Plaintiff s or Plaintiff s associates and any and all assignments of any Loan documents or Loan Related Documents. 80. All documents or communications concerning or relating to Plaintiff s or Plaintiff s associates and any and all endorsements of any Loan documents or Loan Related Documents. 81. All documents or communications concerning or relating to Plaintiff s or Plaintiff s associates and any and all notarization of any Loan documents or Loan Related Documents. 82. All documents or communications concerning or relating to Plaintiff s or Plaintiff s associates affidavits related to the Loan documents or Loan Related Documents. 83. All documents or communications concerning or relating to the assignment, conveyance, transference or endorsement of the any Loan documents or Loan Related Documents. 84. All documents or communications concerning or relating to the assignment, conveyance, transference or endorsement of any Loan documents or Loan Related Documents. 85. All documents or communications, including but not limited to contracts, agreements or service agreements, concerning or relating to the Trust, the Trustee or the Servicer authorizing third parties to execute documents on behalf of the Trust, the Trustee or the Servicer

20 AUDITS, INVESTIGATIONS, LITIGATIGATON, DISPUTES AND OTHER MATTERS 86. All documents or communications concerning or relating to the Loan and the repurchase of the Loan or any request, dispute, litigation or effort by any person or entity to cause to repurchase of the Loan. 87. All documents or communications concerning or relating to any review, third party review, audit or third party audit by or on behalf of Plaintiff s or Plaintiff s associates of the Defendant s financial condition or of the Defendant s file, records and financial statements. 88. All documents or communications concerning or relating to any review, third party review, audit or third party audit by or on behalf of Plaintiff s or Plaintiff s associates of the Loan, the Loan Related Documents or the Loan file. 89. All documents or communications concerning or relating to reports, records or work papers from any audit by or on behalf of Plaintiff s or Plaintiff s associates of the Defendant s financial condition or of the Defendant s files, records and financial statements. 90. All documents or communications concerning or relating to any Agency and the Trust. 91. All documents or communications concerning or relating to any Agency and the Trust and Trustee. 92. All documents or communications concerning or relating to any Agency and investigations, audits, reviews that are related to the Loan

21 93. All documents or communications concerning or relating to the balances Plaintiff claims is owed related to the Loan. 94. All documents or communications concerning or relating to the Trust, the Servicer including but not limited to the Special Servicer and any Agency. 95. All documents or communications concerning or relating to the Trust, the Underwriter and any Agency. 96. All documents or communications concerning or relating to the Trust, the Depositor and any Agency. 97. All documents or communications concerning or relating to the Trust, the Sponsor and any Agency. 98. All documents or communications concerning or relating to or containing the name of the Trust and any pending, current, past or future investigation related to any Agency. 99. All documents or communications concerning or relating to the Loan documents or Loan Related Documents and investors or certificate holders in the Trust All documents or communications concerning or relating to the Trust and complaints, claims or litigation by Certificate Holders of the Trust All documents or communications concerning or relating to depositions related to the Trust and Trustee All documents or communications concerning or relating to depositions related to the Trust and the Servicer

22 103. All documents or communications concerning or relating to depositions related to the Trust and the MERS All documents or communications concerning or relating to depositions and the default or foreclosure of any loan ever held or owned by the Trust All documents or communications concerning or relating to the Trust and audits or investigations of the Trust by any certificate holders of the Trust All documents or communications concerning or relating to the Trust or the Trustee and litigation involving the same All documents or communications concerning or relating to the Trust and any rulings for the dismissals of any foreclosure case with prejudice by any state or federal court that are related to any loans that were ever owned or held by the Trust All documents or communications concerning or relating to the Trustee or the Trust and any settlement, judgments, refunds, credits to loan balances, cancelling of all or part of any loan balances owed or paid damage awards. INSURANCE, CREDIT ENHANCEMENT, HEDGED AND ADDITIONAL COLLECTION OF FUNDS RELATED TO THE LOAN 109. All documents or communications concerning or relating to insurance including but not limited to mortgage insurance or mortgage default insurance that are related to the Servicer, the Trustee or the Trust All documents or communications concerning or relating to reinsurance, including but not limited to mortgage insurance or mortgage default insurance that are related to the Servicer, the Trustee or the Trust

23 111. All documents or communications concerning or relating to reinsurance, agreements with any reinsurance provider that are related to the Servicer, the Trustee or the Trust All documents or communications concerning or relating to payments received that are related to reinsurance agreements that are related to the Servicer, the Trustee or the Trust All documents or communications concerning or relating to reinsurance and any investigations, complaints, communication or inquiries related to the Inspector General of the Department of Housing and Urban Development that are related to the Servicer, the Trustee or the Trust All documents or communications concerning or relating to insurance policies, including but not limited to mortgage insurance policies, reinsurance policies, reinsurance agreements or mortgage default insurance policies that are related to the Servicer, the Trustee or the Trust including but not limited to copies of all current and past insurance policies All documents or communications concerning or relating to insurance claims, including but not limited to insurance claims, reinsurance claims, mortgage insurance claims or mortgage default insurance claims,that are related to the Servicer, the Trustee or the Trust All documents or communications concerning or relating to insurance claim proceeds received that are related to the Servicer, the Trustee or the Trust All documents or communications concerning or relating to insurance claim proceeds received that are related to the Servicer, the Trustee or the Trust that are related to the Loan

24 118. All documents or communications concerning or relating to reinsurance claim proceeds received that are related to the Servicer, the Trustee or the Trust All documents or communications concerning or relating to reinsurance claim proceeds received that are related to the Servicer, the Trustee or the Trust that are related to the Loan All documents or communications concerning or relating to insurance, mortgage insurance, reinsurance, mortgage default insurance held, managed or controlled by the Servicer, the Trustee or the Trust that is related the Loan or the loans held by the Trust All documents or communications concerning or relating to credit enhancement and the Trust All documents or communications concerning or relating to credit enhancement held, managed or controlled by the Servicer, the Trustee or the Trust that is related to the Trust All documents or communications concerning or relating to derivative contracts and the Servicer, the Trustee or the Trust All documents or communications concerning or relating to derivative contracts held, managed or controlled by the Servicer, the Trustee or the Trust that is related to the Trust All documents or communications concerning or relating to credit default or credit default swap agreements and the Trust All documents or communications concerning or relating to credit default

25 or credit default swap agreements held, managed or controlled by the Servicer, the Trustee or the Trust that is related to the Trust All documents or communications concerning or relating to all forms of money, value or consideration received by the Servicer, the Trustee or the Trust or their associates that is related to the Defendant s, the Loan, the Related Loan Documents, or the default that Plaintiff claims occurred under the Loan All documents or communications concerning or relating to the Trust and any person who received payments, provided services, earned income, received commissions or benefited in any way from the Trust All documents or communications concerning or relating to the Trust and accounting for insurance proceeds that are related to the Loan All documents or communications concerning or relating to the Trust and accounting for reinsurance proceeds that are related to the Loan All documents or communications concerning or relating to the Trust and accounting for derivative contract payments or proceeds that are related to the Loan All documents or communications concerning or relating to the Trust and accounting for proceeds related to swap agreements or credit default swap agreements that are related to the Loan All documents or communications concerning or relating to the Trust, the Trustee or the Servicer that is related the collection of funds or attempts to collect funds from any source that is related to the default that Plaintiff claims occurred related to the Loan

26 134. All documents or communications concerning or relating to the Trust, the Trustee or the Servicer and the default that Plaintiff claims occurred related to the Loan where non-payment of the loan acts as or may be considered a third party trigger event under any agreement All documents or communications concerning or relating to the Trust, the Trustee or the Servicer and the default that Plaintiff claims occurred related to the Loan and insurance, mortgage insurance, mortgage default insurance, pool insurance All documents or communications concerning or relating to the Trust, the Trustee or the Servicer and the default that Plaintiff claims occurred in the Loan that is related to insurance claims, pool insurance claims, mortgage insurance claims, or mortgage default insurance claims All documents or communications concerning or relating to the Trust, the Trustee or the Servicer and the default that Plaintiff claims occurred related to the Loan that is related to credit default swaps, derivative contracts, swap contracts and the receipt of related payments or funds All documents or communications concerning or relating to the Trust, the Trustee or the Servicer and the default that Plaintiff claims occurred related to the Loan and any other form of hedges against losses All documents or communications concerning or relating to the Trust, the Trustee or the Servicer and the default that Plaintiff claims occurred related to the Loan and credit enhancement described in the Trust s Prospectus All documents or communications concerning or relating to filings with or disclosures made to the Securities and Exchange Commission and the filing of insurance claims relating to the Loan

27 141. All documents or communications concerning or relating to the Securities and Exchange Commission that relate to collecting of insurance proceeds claims relating to the Loan All documents or communications concerning or relating to (including but not limited to all documents filed with), the Securities and Exchange Commission relating to the Trust All documents or communications, including but not limited to all documents filed, with the Securities and Exchange Commission relating to the Servicer, the Trust, the Underwriter or the Trustee. CONTINUE FOR CERTIFICATE OF SERVICE