Exhibit 1 

Page 1 of 47

• PeRKINS COle 

August 3, 2015 

VIA U.S. MAIL 

Robynne A. Pauley 

12125 SE Laughing Water Road 

Sandy, Oregon 97055 

Ariel's Skin Care 

Attn: Robynne A. Pauley 

1734 NE 42nd Ave 

Portland, Oregon 97213 

1120 NW Couch Street 

1 Dth Floor 

Portlarld, OR 97209-4128 

Jeffrey M. Peterson 

JeffreyPeterson@perkinscoie.com 

D. + 1.503. 727.2075 

F. + 1.503.346.2075 

Re: LNV Corp. v. Fauley, et al., Case No. 3:15-cv-1422-HZ 

U.S. District Court for the District of Oregon 

Dear Ms. Pauley: 

0 + 1 501727.2000 

., + 1 501727.2222 

perkrnscore.com 

My firm represents LNV Corporation in the action referenced above. Pursuant to Federal Rule 

of Civil Procedure 4( e )(1) and Oregon Rule of Civil Procedure 7 D(2)( c), office service was 

made at Ariel's Skin Care, at 1734 NE 42nd Ave., Portland, OR 97213, on July 31, 2015 at 

11:46 am. Enclosed is a copy of the Summons, Complaint, docket item no. 3, and the Court's 

ECF notice regarding docket item no. 3. 

Respectfully, 

~/~ 

Jl! ~~ 

Jeffrey M. Peterson 

JMP 

Enclosures 

LEGAL127107164.1 

Perkrnc; Coie LLP 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 1 of 47
Exhibit 1 

Page 2 of 47

Case 3:15-cv-01422-HZ Document 4 Filed 07/30/15 Page 1 of 4 

AO 440 (Rev. 06/12) Summons in a Civil Action 

UNITED STATES DISTRICT COURT 

for the 

District of Oregon 

LNV CORPORATION, a Nevada Corporation 

Plaint!ff(s) 

v. 

ROBYNNE A. FAULEY, a citizen of the State of 

Oregon; and U.S. BANK NATIONAL ASSOCIATION 

Defendant(s} 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Civil Action No. 3: 15-cv-01422-HZ 

SUMMONS IN A CIVIL ACTION 

To: (Defendant's name and address) Robynne A. Fauley 

12125 Southeast Laughing Water Road 

Sandy, Oregon 97055 

A lawsuit has been filed against you. 

Within 21 days after service of this summons on you (not counting the day you received it)- or 60 days if you 

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. 

P. 12 (a)(2) or (3)- you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of 

the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attomey, 

whose name and address are: 

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. 

You also must file your answer or motion with the comt. 

Date: 07/30/2015 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 2 of 47
Exhibit 1 

Page 3 of 47

Case 3:15-cv-01422-HZ Document 4 Filed 07/30/15 Page 2 of 4 

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) 

Civil Action No. 3:15-cv-01422-HZ 

PROOF OF SERVICE 

(This section should not be .filed with the court unless required by Fed. R. Civ. P. 4 (l)) 

This summons for (name a_( individual and title, if any) 

was received by me on (date) 

0 I personally served the summons on the individual at (place) 

on (date) 

0 I left the summons at the individual's residence or usual place of abode with (name) 

; or 

, a person of suitable age and discretion who resides there, 

Date: 

on (date) , and mailed a copy to the individual's last known address; or 

0 I served the summons on (name of individual) 

designated by law to accept service of process on behalf of (name o.f organization) 

on (date) 

0 I returned the summons unexecuted because 

0 Other (spec!f)'): 

My fees are$ for travel and$ for services, for a total of$ -----

I declare under penalty of perjury that this information is true. 

Server's signature 

Printed name and title 

Server's address 

Additional information regarding attempted service, etc: 

, who is 

; or 

; or 

0.00 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 3 of 47
Exhibit 1 

Page 4 of 47

Case 3:15-cv-01422-HZ Document 4 Filed 07/30/15 Page 3 of 4 

AO 440 (Rev. 06/12) Summons in a Civil Action 

UNITED STATES DISTRICT COURT 

for the 

District of Oregon 

LNV CORPORATION, a Nevada Corporation 

1'/aint!fJ(s) 

V. 

ROBYNNE A. FAULEY, a citizen of the State of 

Oregon; and U.S. BANK NATIONAL ASSOCIATION 

Defendant(~) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Civil Action No. 3:15-cv-01422-HZ 

SUMMONS IN A CIVIL ACTION 

To: (Defendant's name and address) U.S. Bank 

Attn: Any Branch Officer 

321 SW 6th Ave 

Portland, OR 97204 

A lawsuit has been filed against you. 

Within 21 days after service of this summons on you (not counting the day you received it)- or 60 days if you 

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. 

P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of 

the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, 

whose name and address are: 

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. 

You also must file your answer or motion with the cou1t. 

Date: 07130/2015 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 4 of 47
Exhibit 1 

Page 5 of 47

Case 3:15-cv-01422-HZ Document 4 Filed 07/30/15 Page 4 of 4 

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2) 

Civil Action No. 3:15-cv-01422-HZ 

PROOF OF SERVICE 

(This section should not be .filed with the court unless required by Fed. R. Civ. P. 4 (!)) 

This summons for (name r!findividual and title, if any) Robynne A. Fauley ' - ······-··--·-··········· 

was received by me on (date) 

0 I personally served the summons on the individual at (place) 

on (date) ; or -··-·-····· .................... . 

0 !left the summons at the individual's residence or usual place of abode with (name) 

, a person of suitable age and discretion who resides there, 

on (date) , and mailed a copy to the individual's last known address; or 

0 I served the summons on (name of individual) , who is 

designated by law to accept service of process on behalf of (name of organization) 

on (date) ; or --------------------------------------------- -----------------

0 I returned the summons unexecuted because ; or 

0 Other (spec!M: 

My fees are$ for travel and $ for services, for a total of$ 0.00 

I declare under penalty of perjury that this information is true. 

Date: 

Server's signature 

Printed name and title 

Server's address 

Additional information regarding attempted service, etc: 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 5 of 47
Exhibit 1 

Page 6 of 47

Case 3:15-cv-01422-HZ Document 1 Filed 07/29/15 Page 1 of 8 

Erick J. Haynie, OSB No. 982482 

EHaynie@perkinscoie.coie 

Gabrielle D. Richards, OSB No. 114992 

GRichards@perkinscoie.com 

Jeffrey M. Peterson, OSB No. 115723 

JeffreyPeterson@perkinscoie.com 

PERKINS COlE LLP 

1120 N.W. Couch Street, Tenth Floor 

Portland, OR 97209-4128 

Telephone: 503.727.2000 

Facsimile: 503.727.2222 

Attorneys for Plaintiff LNV Corporation 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

PORTLAND DIVISION 

LNV CORPORATION, a Nevada 

Corporation, 

Plaintiff, 

v. 

ROBYNNE A. FAULEY, a citizen of the 

State of Oregon; and U.S. BANK 

NATIONAL ASSOCIATION, 

Defendants. 

Case No. -----

COMPLAINT 

PlaintiffLNV Corporation ("Lender"), for its complaint, alleges as follows: 

PARTIES 

1. 

Lender is a corporation duly formed under the laws of the State ofNevada, with its 

principal place of business in the state of Texas. 

1- COMPLAINT 

79707-00 18/LEG AL 126996654 .I 

Perkins Coie LLP 

1120 N.W. Couch Street, Tenth Floor 

Portland, OR 97209-4128 

Phone: 503.727.2000 

Fax: 503.727.2222 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 6 of 47
Exhibit 1 

Page 7 of 47

Case 3:15-cv-01422-HZ Document 1 Filed 07/29115 Page 2 of 8 

2. 

Defendant Robynne A. Pauley ("Borrower") is an individual citizen and resident of the 

State of Oregon. 

3. 

Defendant U.S. Bank National Association ("U.S. Bank") is a national banking 

association and a citizen of Ohio. 

JURISDICTION AND VENUE 

4. 

This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1332 because there is 

complete diversity of citizenship among the parties and the matter in controversy exceeds the 

sum or value of $75,000, exclusive of interest and costs. 

5. 

Venue is proper in the District of Oregon because Borrower resides in the State of 

Oregon and the real property at issue in this case is located in the State of Oregon. 

FACTS AND BACKGROUND 

6. 

The real property at issue in this case (the "Property") is legally described as Parcel 1, 

Partition Plat No. 1999-041, in the County of Clackamas and State of Oregon. The Property is 

commonly known as 12125 Southeast Laughing Water Road, Sandy, Oregon 97055. 

7. 

On June 12, 2002, Washington Mutual Bank, F.A. ("Original Lender") made a $330,000 

loan (the "Loan") to Borrower. 

8. 

The Loan is evidenced by that certain Note (the "Note") dated June 12, 2002, in the 

principal amount or $330,000.00, signed by Borrower and delivered to Original Lender. A true 

and correct copy of the Note is attached hereto as Exhibit A. 

2- COMPLAINT 

79707-0018/LEGAL126996654.1 

Perkins Coie LLP 

1120 N.W. Couch Street, Tenth Floor 

Portland, OR 97209-4128 

Phone: 503.727.2000 

Fax: 503.727.2222 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 7 of 47
Exhibit 1 

Page 8 of 47

Case 3:15-cv-01422-HZ Document 1 Filed 07/29/15 Page 3 of 8 

9. 

Pursuant to the terms of the Note, the entire unpaid balance of the Loan is due and 

payable on the earlier of July 1, 2032, or upon acceleration of the Loan. 

10. 

The performance of Borrower's obligations under the Note are secured by a first position 

lien on the Property, as evidenced by that certain deed of trust ("Trust Deed") dated June 12, 

2002 and recorded in the official records of Clackamas County, Oregon as Instrument No. 2002-

057800 on June 20, 2002. A true copy of the Trust Deed is attached as Exhibit B. 

11. 

The Note, the Trust Deed, and all other documents that evidence, secure, or relate to the 

Loan are hereinafter collectively referred to as the "Loan Documents." 

12. 

Original Lender negotiated the Note to Residential Funding Corporation by indorsing the 

Note to the order of Residential Funding Corporation and delivering possession thereto. 

13. 

Residential Funding Corporation negotiated the Note to Deutsche Bank Trust Company 

Americans as Trustee ("Deutsche Bank") by indorsing the Note to the order of Deutsche Bank 

and delivering possession thereto. 

14. 

Deutsche Bank negotiated the Note to Residential Funding Company, LLC by indorsing 

the Note to the order of Residential Funding Company, LLC and delivering possession thereto. 

15. 

Residential Funding Company, LLC negotiated the Note to Lender by indorsing the Note 

to the order of Lender and delivering possession thereto. 

16. 

Lender is currently in possession of the original Note and all of the above endorsements. 

3- COMPLAINT 

79707-00 18/LEGAL1269966541 

Perkins Coie LLP 

1120 N.W. Couch Street, Tenth Floor 

Portland, OR 97209-4128 

Phone: 503.727.2000 

Fax: 503.727.2222 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 8 of 47
Exhibit 1 

Page 9 of 47

Case 3:15-cv-01422-HZ Document 1 Filed 07/29/15 Page 4 of 8 

17. 

Lender is the current beneficiary of the Trust Deed: (1) by virtue of being the current 

payee and holder of the Note (performance of which the Trust Deed secured) indorsed to the 

order of Lender, and (2) pursuant to a series of duly executed and publicly recorded assignments 

of the Trust Deed, concluding with an assignment from Residential Funding Company, LLC to 

Lender, originally recorded on October 31,2008 and re-recorded on April17, 2012 in the official 

records of Clackamas County, Oregon, as Instrument Nos. 2008-074677 and 2012-023399. True 

and correct copies of the Trust Deed assignments are attached hereto as Exhibit C. 

18. 

Borrower breached the Note and Trust Deed by, among other things, failing to make 

payments when due. On or about August 15, 2012, Lender's loan subservicer sent Borrower a 

Notice ofDefault. 

19. 

Borrower has not cured the defaults, and the Note and Trust Deed, therefore, remain in 

default. 

20. 

Lender has not waived Borrower's defaults. 

21. 

Under Section 6 of the Note and Section 22 of the Trust Deed, Lender has declared and 

hereby declares the entire balance of principal, interest, and all sums secured by the Trust Deed 

now due and payable. 

22. 

U.S. Bank is the beneficiary of a second deed of trust recorded on October 31, 2003 in 

the official records of Clackamas County, Oregon, as Instrument Nos. 2003-146278. The second 

deed of trust is subsequent, subject, and inferior to the Trust Deed. 

4- COMPLAINT 

79707-0018/LEGAL126996654.1 

Perkins Coie LLP 

1120 N.W. Couch Street, Tenth Floor 

Portland, OR 97209-4128 

Phone: 503.727.2000 

Fax: 503.727.2222 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 9 of 47
Exhibit 1 

Page 10 of 47

Case 3:15-cv-01422-HZ Document 1 Filed 07/29/15 Page 5 of 8 

23. 

On October 12, 2005, Borrower filed for protection under Chapter 7 of the United States 

Bankruptcy Code, in the United States Bankruptcy Court, District of Oregon, Case No. 05-

46193-tmb7. A Discharge of debt was granted ori February 1, 2006. 

24. 

This suit is not an attempt to collect a debt against Borrower and, therefore, does not 

violate the Bankruptcy Discharge Order. This is an action to execute upon the Property as 

security for the debt owed under the terms of the Note and Trust Deed, and to foreclose all right, 

title, and interest of the Defendants, each and all of them, in the Property. 

25. 

In April 2013, Borrower filed a complaint in Clackamas County Circuit Court against 

Lender and several other defendants. The case was subsequently removed to this Court and was 

captioned Fauley v. Washington Mutual Bank FA, et al., Case No. 3: 13-cv-00581-MO (the 

"Prior Action"). Borrower's complaint alleged various claims against Lender arising out of and 

relating to the Loan Documents. By opinion and order dated November 4, 2014, Judge 

Mossman dismissed the Prior Action as against Lender and all other defendants, with prejudice. 

26. 

As of July 22, 2015, there was and still is due, owing, and payable on the Loan: (a) the 

principal sum of$297,689.08; (b) accrued interest in the amount of$116,109.77; 

(c) disbursements and advances of$27,119.99; (d) late charges of$2,182.70; and 

(e) miscellaneous charges, recording fees, inspection fees, foreclosure costs, attorney fees, and 

costs of suit not yet determined. Interest on the unpaid principal accrues at the contractual yearly 

rate of7.125% until the full amount of the principal has been repaid. Thus, an additional $58.11 

in interest must be added to the amount due for each day after July 22, 2015 to calculate the total 

amount due under the Loan. 

5- COMPLAINT 

79707-00 18/LEGAL126996654.1 

Perkins Coie LLP 

1120 N.W. Couch Street, Tenth Floor 

Portland, OR 97209-4128 

Phone: 503.727.2000 

Fax: 503.727.2222 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 10 of 47
Exhibit 1 

Page 11 of 47

Case 3:15-cv-01422-HZ Document 1 Filed 07/29/15 Page 6 of 8 

27. 

Section 22 of the Trust Deed provides that, following an event of default, Lender "may 

invoke the power of sale and any other remedies permitted by Applicable Law." 

28. 

On or about January 7, 2015, Lender duly executed an Oregon Foreclosure Avoidance 

Program Beneficiary Affidavit and delivered the same to the attorney general of Oregon. The 

affidavit evidences Lender's qualification for exemption from the provisions of ORS 86. 726(2) 

and (3). A true and correct copy of the affidavit is attached hereto as Exhibit D. 

FIRST CAUSE OF ACTION 

(Judicial Foreclosure of Trust Deed) 

29. 

Lender re-alleges and incorporates by reference, as if fully set forth herein, the 

allegations in paragraphs 1 through 28 above. 

30. 

On June 12, 2002, for valuable consideration, Borrower executed and delivered to 

Original Lender the Loan Documents, including the Trust Deed encumbering the Property. 

31. 

The Trust Deed is given to secure payment of the Note and performance of all of 

Borrower's obligations under the Loan Documents. 

32. 

Original Lender caused the Trust Deed to be duly recorded in the public records of 

Clackamas County. 

33. 

By virtue of the negotiation of the Note, Lender is the holder ofthe Note and the 

beneficiary of the Trust Deed. 

6- COMPLAINT 

79707-00 18/LEG AL126996654 .I 

Perkins Coie LLP 

1120 N.W. Couch Street, Tenth Floor 

Portland, OR 97209-4128 

Phone: 503.727.2000 

Fax: 503.727.2222 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 11 of 47
Exhibit 1 

Page 12 of 47

Case 3:15-cv-01422-HZ Document 1 Filed 07/29/15 Page 7 of 8 

34. 

Borrower has defaulted on her obligations under the Note and Trust Deed. 

35. 

Lender has performed all its obligations under the Note and Trust Deed. 

36. 

There are no other proceedings for the foreclosure of the Trust Deed. Lender has no 

adequate remedy at law. 

37. 

Lender is entitled to the judicial foreclosure of the Trust Deed and the sale of the Property 

as provided for by law and by the Trust Deed. 

38. 

Lender is entitled to a declaration that all other interests in the Property are inferior and 

subordinate to Lender's Trust Deed. 

39. 

In the event of foreclosure and sale of the Property, Lender or any other purchaser at the 

sale should be entitled to immediate possession ofthe Property. 

40. 

Lender is entitled to recover its reasonable attorney fees and costs incurred in bringing 

this action for judicial foreclosure, pursuant to Section 6(E) of the Note and Section 22 of the 

Trust Deed. 

PRAYER FOR RELIEF 

WHEREFORE, plaintiffLNV Corporation prays for the following relief: 

A. Judgment in favor of Lender, and against Borrower, in the amount of 

$443,101.54, plus prejudgment interest after July 22,2015 accruing at the yearly rate of7.125%, 

post judgment interest, advances made by Lender to protect its interests, and any other amounts 

to which Lender is entitled by law or pursuant to the Loan Documents (the "Judgment"); 

7- COMPLAINT 

79707-00 18/LEGAL126996654.1 

Perkins Coie LLP 

1120 N.W. Couch Street, Tenth Floor 

Portland, OR 97209-4128 

Phone: 503.727.2000 

Fax: 503.727.2222 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 12 of 47
Exhibit 1 

Page 13 of 47

Case 3:15-cv-01422-HZ Document 1 Filed 07/29/15 Page 8 of 8 

B. That it be further adjudged that: (1) the Trust Deed is valid; (2) the Trust Deed is 

superior to any interest, lien, right, title, or claim of the Defendants or any of them in the 

Property; (3) the foreclosure sale of the Property occur in the manner prescribed by law; (4) the 

proceeds from such sale first be applied to the costs of the sale and then toward satisfaction of 

the Judgment; (5) Lender is entitled to be a bidder and purchaser at the foreclosure sale of the 

Property; and (6) the Defendants, and each of them, and all persons claiming by, through, or 

under any of them as purchasers, encumbrancers, or otherwise are forever foreclosed of all 

interest or claim in the Property except for any statutory right of redemption. 

C. For judgment against Borrower for Lender's costs of suit including reasonable 

attorney fees, as allowed under the Loan Documents; and, 

D. For such other relief as the Court may deem just and proper. 

DATED: July 29,2015 

8- COMPLAINT 

79707-0018/LEGALI26996654.1 

PERKINS COlE LLP 

By: s/Erick J Haynie 

Erick J. Haynie, OSB No. 982482 

EHaynie@perkinscoie.coie 

Gabrielle D. Richards, OSB No. 114992 

GRichards@perkinscoie.com 

Jeffrey M. Peterson, OSB No. 115723 

Jeffrey Peterson@perkinscoie.com 

1120 N.W. Couch Street, Tenth Floor 

Portland, OR 97209-4128 

Telephone: 503.727.2000 

Facsimile: 503.727.2222 

Attorneys for Plaintiff LNV Corporation 

Perkins Coie LLP 

1120 N.W. Couch Street, Tenth Floor 

Portland, OR 97209-4128 

Phone: 503.727.2000 

Fax: 503.727.2222 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 13 of 47
Exhibit 1 

Page 14 of 47

Case 3:15-cv-01422-HZ Document 1-1 Filed 07/29/15 Page 1 of 4 

•••• LOAll # 1 

NOTE 

JUNE 12 1 2002 

[Date} 

PORTLAND, 

[City) 

OREGON 

[State) 

12125 SOUTHEAST Ll\UGHING WATER ROAD, SANDY, OR 91055 

[Proparty Address} 

1. BORROWER'S I'HOMJSE TO PAY 

In return for a loan that l have received, I promise to pay U.S. $330,000.00 (this amount is cnlled "Principal"), 

plus interest, to tJ1e order of the Lender. The Lender is WASH ING'.rON HUTUAL lll\NK 1 FA. 

I will make all pi1)1nents under this Note in tJ1e form of cash, check or money order. 

I understand tltat the Lender may transfer this Note. The Lender or anyone who takes this Nolo by transfer and who is entitled 

lo receive payments under this Note is called the "Note Holder." 

2. INTEREST 

Interest will be charged on unpaid principal until the fltll amount of Principal has been paid. J will pay imcrcsl at a ycnrly rntc 

of 7.125%. 

The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section (,(8) of 

this Note. 

3. PAYMENTS 

(A) Time and Place of Payments 

I will pay principal and interest by making a pnymcnt C\'Cf)' month. 

1 will make my monUtly payment on the 1ST day of each rnonth beginning on AUGUST 1, 200'2. 

1 will make these p~ymcnt~ every month un!il J have paid all of the principal and interest and any other charges described below that 

I nwy owe under this Note. Each monthly payment will be applied as ofits scl1cduled due date and will be applied to interest before 

Principal. If, on JULY l, 20321 [still owe amounts under this Note, I will pay those amounts in full on that 

date, which is called the "Matmity Date." 

l will make rny rnonU1ly payment.> at 

P.O. BOX 7198 

PASADENA, CA 91109-7198 

or at a different place if reqtlircd by the Note Holder 

(B) Amount of Monthly Payments 

My monthly payment will be in the amount of U.S. 

4. BORROWER'S RIGJIT TO PREPAY 

$2,223.27. 

I h<lve the right to make payments of Principal at any time before they arc due. A payment of Principal only is known as a 

''Prepayment.'' When !make a Prepayment, I will tell the Note Holder in writing that lam doing so. l may not designate a paym~nt 

as a l'tcpaymcnt if I h~vc not made ail the monthly parmcnts due under the Note. 

1 may make ~ li1ll Prcp;tynwnt or punial Prepayments without p:.ying a Prepayment dtarge. The Note Hohler will u><: my 

l'rcpayttlelll5 to Jc<lncc the amount <>fl'rincipalthatl owe under thrs Note llowcvc.r, the Note Holder may apply my Prepayment to 

the nccnwd 31\d unpa1d interc$1 on the Prepayment amount, bcf,l!c npplyin1~ my Prepayment to reduce the Ptittdpal amouut or the 

Note. Jr !make a pul!iall'rcpaymcnt, !l!clc will be 110 ch;mgc$ in the du<: date or i111hc :unounl of my monthly p:t)'IIICIII u1tlcss tJ1e 

1-lnte Holder agrees in writing to th<)sc chaugcs 

5, LOAN CilARGES 

!fa law, which applies to this loan and which sets maximum loan charges, is fmaliy interpreted so tltittthe interest or other loan 

charges collected or to be collected in connection with this loan exceed the permitted limits, then; (a) any such loan charge shall be 

reduced by the amount necessary to reduce the cltnrgc to Ute permi!lcd Jirnit; and (b) any sums already collcctet! from me which 

exceeded pcnnitted limits will be refunded to me. 1'he Note Holder may choose to make this refund by reducing the Principal I owe 

under this Note or by nmking a direct paymentl.o me. If a refund reduces Principal, the reduction will be lrcalcd;lS a partial Prepayment. 

G. BORROWER'S FAILURE TO PAY AS REQUIRED 

(A) Late Charge for Ovc!'duc Payments 

[[the Note Holder has not rcccivw tho full amount of any monthly payment by the end of 15 calendnr days 

after the date it is due, I will pay a late dtargc to the Not~ Holder, The amollnt of the charee will be 5. OOO't of my overdue 

payment of principal and interest. ! will pay tl1is Jnte charge promptly but only once on each late payment. 

(B) Default 

If I do not pay the full amomlt of each monthly paymelll on the date it is due, l will be in dclllult. 

(C) Notice of Default 

lfl arn in default, the Note Holder may send me a ll'ri\lcn notkc telling rne thi!t if I do not pay the overdue <unmmt by a certain 

date, the Note Holder may require me to pay immediately the full amount ofPrineipal which has nol 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 tn me or delivered by other 

mctms. 

(0) No Wuivcr By Note lloltler 

Even if, at a time when I nm in default, the Note Holder docs not require me to pay immediately in full as described above, the 

Note Iloldcr will still have the right to do so if I am in default at a latc.r time. 

(E) Payment nf Note Holder's Costs and F.xpcnscs 

If the Note Holder has required me to pay iuuncdiutcly 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 Jaw. Those expenses include, 

for example, rea.mnable attorneys' fees. C ,il':::::(-. 

Mlll.T!Sl'ATE FIXED HATil NOTE-Single Family·I'!Uml< Muc/l'r·cddl• Mnc UNtFORM lNSTtH.:~IeNT l'orm 3200 

Initials• 

1101 

~ 

C' l99Y.100l OnHne Documents, Inc Pugc 1 Of 2 P3200NOT OIOl 

Exhibit A 

Page 1 of 4 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 14 of 47
Exhibit 1 

Page 15 of 47

Case 3:15-cv-01422-HZ Document 1-1 Filed 07/29/15 Page 2 of 4 

LOAN H 1 

7. GIVING Ol<' NOTrCES 

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 differettl address if! 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 ftr&l class mail 

to the Note Holder at the address staled in Section J(A) abovu or at n di!Tcrcnl addre>s ifl am given a notice of that different address 

8. OBLIGATIONS OF PERSONS UNDER THIS NOTE 

If more than one person signs this Note, lJHCh person is fully and personally obligutcd to keep all of the promises made in this 

Note, including the promise to pay the full amount owed. Any person who is a guarantor, surctyorcndorserofthis Note is also obligated 

to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this 

Note, is also obligated to keep all oft he promises made in this Note. The Note Holder may enforce its rights under this Note against 

each person individually or against all of us together. This means that any one of us may be required to pay all of the mnonnts owed 

under this Note 

9. WAIVERS 

I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. 

''Presentment'' meails the right to require the Note Holder to demand payment of amounts due ''Notice of Dishonor'' mca.ns the 

right to require the Note Holder to give notice to other persons thnt amounts due have not been paid. 

10, UNrfORM SECURED NOTE 

This Note is a unifonn instrument with limited variations in some jurisdictions. In addition to the protectious given to the Note 

Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the ''Security Instrument"), dated the same date as this Note, 

protects the Note Holder from possible losses which might result ifl do not keep the promises which r make in this Note. That Sccurlry 

Instrument describes how and under what conditions r may be required to make immediate payment in full of all amounts lowe under 

this Note. Some of those conditions arc described as follows: 

I fall or anypartoflhe 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 trans(i;;rred) without Lender's prior written consent, Lender may require 

immediate payment in full of all sums secured by this Sccmity Instrument. However, tllis option shall not be exercised by 

Lender if such exercise is prohibited by Applicable l.aw. 

If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of 

not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all 

sums sccU1ed by this Security Tnstmment. If Borrower fails to pay these sums prior to the expiration of this period, Lender 

may invoke any remedies permitted by this Security lnstmnJenl without further notice or demand on Borrower. 

WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNE~D ~ 

( · lf.l.!?!l{jt""= .. ubt 

R , YNV'"Pl\1:il:E Cl 

'PAY TO THID ORDER OF 

RES!!J!Ef'ffiAL FUN(;;N~ CGf,l'l'0!'7J,TiON 

WITHOUT RECOURSE 

\VASHlNGTON MUTUAL BAN!(' ~· .FA 

BRENDA 

~~\:d~ F. BRENDLE 

VICE PRESIDENT 

(Seal) 

[Sigll Original 011/yl 

MIJLTISTATE HXED f!ATE NOTF,Singk Fomily·F>uuilc Moc!Frcddle Mu< IJNH'ORM lNSTllUMENT ¥01·m JZIIIJ llll1 

o 1999-<00J Online Documenl>,ln<'. Page 2 of 2 T-'3200NO'f 

Exhibit A 

Page 2 of 4 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 15 of 47
Exhibit 1 

Page 16 of 47

Case 3:15-cv-01422-HZ Document 1-1 Filed 07/29/15 Page 3 of 4 

BC: 619513 

NOTE ALI~ONGE 

This Allonge is to be attached to and made a part of that certain Promissory Note made 

by Robynne A. Fauley, in the original principal amount of$330,000.00, dated Jtme 12, 2002, and 

payable to Washington Mutual Bank, FA., as amended or modified (the "Note"). 

Pay to the order of Residential Funding Company, LLC, ("Assignee"), without recourse 

and without representation or warranty whether express, implied or created by operation of law. 

DEUTSCHE BANK TRUST COMPANY AMERICAS, as 

Trustee Company FKA Bankers Trust Company of 

California, N.A. as Trustee Residential Funding Company, 

LLC formerly known as Residential Funding Corporation 

Attorney-in Fact 

B. ~ L----

y. -····---·~--------··-··-~ Michael Mead, Limited Signing Officer 

Exhibit A 

Page 3 of4 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 16 of 47
Exhibit 1 

Page 17 of 47

Case 3:15-cv-01422-HZ Document 1-1 Filed 07/29/15 Page 4 of 4 

1\LLONGI.' I 0 I'HOMISSOHY '-ICI'/ E 

I 

h)R PUH I'O~F>~ 01 HJ RTIIER FNDO!\SEMENT 01' Tl IF. rOLLOWJNU LlliSCRIBED NO I F. Yl tiS 

!t\LLOIIIGI' IS AFFIXED 1\N!J llECOiv!ES A 1'1'1\MArm~:T I' ART OF SAil) l\OTE L, •. ,_ ~ ~·-·"····-~··"-~"·--~---~·· ~---····-

POOL· 0 LOANID - 11111111111111111111111111111111 1111111111111 

NOTE DA'fE: 611212002 LOAN AMOUNT· $330.000 00 

BOHHOWER NAME: ROBYNNI: A FAULEY 

PHOPEHTY ADDRESS: 12125 SE SOUTHEAST LAUGHING WA. SANDY. OH fl7055 

PAY TO THE ORDER OF 

LNV Corporntlon 

WITHOUT RECOURSE 

Residential Funding Company, LLC 

[ly: /~::;:;:> -/·./~ " --~- p?--·-~ Z.r:::'-<::_:::=:; 

Narne· Jason J Vecchio 

Title· Post Funding Manager 

Hes1dentiat Funding Company. l.LC 

Exhibit A 

Page 4 of 4 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 17 of 47
Exhibit 1 

Page 18 of 47

Case 3:15-cv-01422-HZ Document 1-2 

RECORDED 

Filed 

IN CL 

07/29/15 

~KAMAS COUNTY 

Pa .. 

fiM (1~ 0(1

JOHN KAUFFMAN ~UNTY CLERK VV,•Vv UV 0 

When recorded mail to1 

WASHINGTON MUTUAL BANK, FA 

7757 BAYBERRY RD., 1ST FLOOR 

JACKSONVILLE, FL 32256 

ATTN CUSTODIAL LIAISON, MAILSTOP BBCL3 

~~I~Jlllil~t~D~~~~~\ IIIII\~ I\QG 00 

M-TD Cnt=l Stn=3 BEIJERL~G/20/2002 03:31:39 PM 

$85.00 $11.00 $10.00 

hf '"' 

() DJ£Im OF TRUST 'h 

("'-....,.... 

g ~LOAN 

p C ~ DEFINITIONS 

,;;· (\ Cx'll Words used 111 multiple sections of this ~locumcnt arc d~fincd below and other wor~s arc dcfinc.d in Sections 3, II. 13, 18,20 and 

·g ~ · :::'1 2 L Ccnam rules rcgll!dmg the usage ol words used mth1s document arc also prov1dcd m S~>CUOn 16. 

I' 1; ~(A) "Secur-ity Instrument" means this document, which is dated JUNE 12, 2002, together with all Riders !! i' '1) to this document 

n: ;fl cr (B) "Borrower" is ROBYNNE A FAULEY, 

\1 I !t yi ,; 11 ?~ 

Borrower is the trustor under this Sccmity Instrument. 

(C) "Lcndm·" is WASHINGTON MU'l'UAL BANK 1 FA. 

Lender is a FEDERAL SAVINGS BANK 

THE UNITED STATES OF AMERICA. 

JACKSONVILLE, FL 32256. 

orgauizcd and existing under the laws of 

Lender's address is 7 301 BAYMEAOOWS WAY, 

Lender is the beneficiary under this Security Instrument. 

(l)) "Trustee" is STEWART TITLE GUARANTY COr.tt>ANY. 

(F:) "Note" means the promissory note signed by Borrower and dated JUNE 12, 2002. The Note >1atcs 

that Borrower owes Lender * * • * • * *********************THREE HUNDRED THIRTY THOUSAND AND N0/100 

** ***** • *** ** ** • '* * ..... ** * ***** **   ** *** •·• * * ****** ******* Dollars (lJ,S. $330,000.00 ) 

plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in l\111 not later than 

JULY 1, 2032. 

(F) "Propc•·ty" means the property that is described below under the heading ''Transfer of Rights in the Property.' • 

(G) "Loan" means the debt evidenced by the Note, plus iHtcrcst, any prepayment clulrgcs nnd late charges due under the Note, and 

all sums due under this Security Instrument, plus interest, 

(ll) "Riders" means all Riders to this Security Instrument thnt arc executed by Borrower. The following Riders are to be executed 

by Bormwcr [check box as applicable]: 

C=:] Adjustable Hate Rider 

~ _ ] Balloon Hider ,~--11·4 Family Hider 

"]Condominium Rider 

_ 3 Planned Unit Development R1dcr -·- :Biweekly l'ilymcnt Rider 

OltiWON .. Singlc Famity .. Jlnnnlc ~lilcJI'o"ddlc ~lnc IJNIFORM I!'I'STRUM!(JIIT 

JlonnJOJH 1101 J>nge l of 8 

["- -l Second Home Rider 

I IOther(s) [spc•d(l'l 

Initialr>r ~y OR\:DEED 0109 

Exhibit 8 

Page 1 of 8 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 18 of 47
Exhibit 1 

Page 19 of 47

Case 3:15-cv-01422-HZ Document 1-2 Filed 07/29/15 Page 2 of 8 

LOAN #t 

(I) "Applicable Law"mcans all controlling applicable federal, state and local stmutcs, regulations, ordinances and administrative 

rules a::d ordcn, (that have the cllcct of law) as well as all applicable final, non-appealable judicial opinions. 

(J) "Community Associ11tion Dues, Fees, and Assc,~smcnts" mcm~sall dues, fees, assessments and other charges that arc imposed 

en Borrower or the Prop;:rty by a condominium association, homc{)wucrs association or similar organization. 

(K) "Electronic Funds Tn1nsfcr" means any transfer offunds, othcrthan a transaction originated by check, draft, orsimilarpapcr 

instnunent, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, 

instruct, or authorit.c a financial institution to debit or credit an account. Such term includes, but is not limited to, point-<>f-salc 

transfers, automated teller machine transactions, tmnsfers initiated by telephone, wire transfers, and automated clearinghouse 

transfers. 

(L) "f:scrow Items" means those items that arc described in Section J. 

(1\1) "Miscclluncous Ptm~ccth" means any compensation, scttlcmcfll, award of damages, or proceeds paid by any third pmty (other 

than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Properly; (ii) 

condemnation or other tnking of all or any part of the Property; (iii) conveyance in lieu ofcondcnmation; or (iv) misrepresentations 

of, or omissions as to, the value and/or condition of the Property. 

(IIi) "Mortgage lnsunmcc" means insurance protecting Lender agHinstthe nonpayment of, or dcJhult on, the Loan. 

(0) "l'criodic l'aymcnt" me,ms the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any 

amounts under Section 3 of this Sccuritv Instrument. 

(P) "RESPA" means the Real Estate. Settlement Procedures Att (12 US. C. §2601 ct seq.) and its implementing rcgul:uion. 

Regulation X (24 C.F.It Part 3500), as they might be antcnd~d from time to time, or any additional or successor legislation or 

regulation that governs the same subject maltcr. As used in this Sc,urity Instrument, "RESPA" refers 10 all requirements and 

restrictions tlmt arc imposed in regard to a "federally related mortgage loan" even ifthc Loan docs not quality as a "federally related 

mortgage loan" under RESPA. 

(Q) "Successor In Interest of Borrower" means any party that has t;tkcn title to the Property, whether or not that party has assnmcd 

Borrower's obligations under the Note and/or this Security Instrument. 

TRANSFER OF RIGHTS IN TilE PROPERTY 

This Security Instmrncnt secures to Lender: (i) the repayment oft he Loan, and all renewals, extensions and modifications of the Note; 

and (ii) the pcrfommncc of Borrower's covenants and agreements under this Security Jnstmmcnt 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 

COUllTY [T)1"'"fRe""'l"'gJurhd"~ion) of CLACKAMAS 

[Name of R«(ifl.iing Ji.uhdii:tim~J: 

SEE ATTACHMENT A. 

which currently has the address of 12125 SOUTHEAST LAUGHING WATER ROAD, SANDY, 

fSircet] ICily) 

Oregon 97055 ("Property Address"): 

[Zir> Cod.:j 

TOGETHER WITH all the improvements now or hcrcancr erected on the property, and all easements, appurtenances, and 

fixtures now or hercllftcr a part ofthc property. All replacements and additions shall also be covered by this Security Jnstmment All 

of the foregoing is referred to in this Security Instmmcnt as the "Property." 

BORROWER COVENANTS that Borrower is lawfully sllizcd of the estate hereby conveyed and hns the right to want and convey 

the Property and that the Property is unencumbered, except for cncumbnmccs of record. Borrower wnrrants and will defend generally 

the title to the Property ngainst all claims and dcmmtds, subject to any cncumbmnces of record. 

THIS SECURITY INSTRUMENT combines uniform covenants for national use and non·llnil(mn covenants with limited 

variations by jurisdiction to constitute a uniform security instrument covering real property. 

UNIFORM COVEN ANTS. Borrower and Lender covenant and agn.-e as follows: 

1. P:tymcnt of l'rinciJHII,lntct'Cst, Escrow Items, J>rcpa)'lllCill Cha1·gcs, and Late Charges. Borrower shall pay when due 

the principal of, and interest on, the debt evidcn~'\.'Xl by the Note and any prepayment charges and late charges due under the Note. 

Borrower shall also 1><1y 1\mds for Escrow Items pursuant to Section 3. Payments due under the Note und this Security lnstmmcnt 

shall be made in U.S. currcn~y. However, if any check or other instrument received by Lender as payment under the Note or this 

Security lnstmmcm 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 instHution whose deposits arc 

insured by a fcdcrnl agency, instnuncntality, or entity; or (d) Electronic Funds Transfer. 

Payments arc dcetm"l received by Lender when received atlhc location designated in the Note or at such other location as may 

be designated by Lender in accordance with the notice provisions in Section 15. Lender may rcturu any payment or partial payment 

if the payment or partial payments arc insufficient to bring the Loan current. Lender may accept any payment or partial payment 

insumcient to bring the Loan current, without waiver of any rights hereunder or prejudice to its lights to rclbsc such paymcntorpartial 

payments in the future, but Lender is not obligated to apply such payments at the time such payments arc accepted. If each Periodic 

Payment is applied asofits scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied 

funds until Borrower makes payment to bring the Loan current. lfBorrowcr does not do so within a reasonable period oflime, Lender 

shall either apply such funds or return them to Bon ower. lfuot applied earlier, such funds will be applied to the outstanding principal 

balance under the Note immediately prior to foreclosure. No onset 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 lnstnuncnt or performing the covenants 

and agreements seemed by this Security Instrument. 

2. Applic:rtion of P•lymcnts or Proceeds. Except as otherwise described in this Section2, 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 

ORF:GON··Singlc F:unily··l'lmnto ~la<ll'r<ddlc Mac llNIFOHM INSTIWMENT 

l'onn 3038 1101 Page 2 of 8 

~C.f' lnitialst ~;:7r .... 

oRIJDl\ED 

Exhibit B 

Page 2 of 8 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 19 of 47
Exhibit 1 

Page 20 of 47

Case 3:15-cv-01422-HZ Document 1-2 Filed 07/29/15 Page 3 of 8 

LOAll # 1 

remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then 

to rcdu.~e the principal balance of the Note. 

If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficicn! amount to pay any 

~me 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 rccciv\ld from Borrower to the repayment of the Periodic Pay1ncnts if, and to the extent 

that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one 

or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any 

prepayment charges and then as described in the Note. 

Any appli,;ation of payments, insurance proceeds, m Miscellaneous Proceeds to principal due under the Note shall not extend 

or postpone the due date, or change the amount, of the Periodic Payments. 

3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments arc due under the Note, umil the Note 

is paid in lit II, a sum (the' 'Fnnds' ')to provide for payment of amounts due for: (a) taxes and assessments and other items which c;uJ 

attain priority over this Security lnstmmcnt as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the 

Property, if any; (c) premiums for any and all insurance rcquirLxl by Lender under Section 5; and (d} Mortgage Insurance premiums, 

if any, or any sums payable by Borrower to Lender in lieu oft he payment of Mortgage Insurance premiums in accordance with the 

provisions of Section 10. These items arc called "Escmw Items." At origination or at any time during the term oft he Loan, Lender 

may rC(Jllirc that Community Association Dues, Fees, and Assessments, if any, be escrowed b>•Borrowcr, 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 Bon ower'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 Hems for which payment ofFunds has been waived by Lender and, ifLcnder requires, shall furnish to Lender receipts 

evidencing such payment within such time period as Lender may require. Honowcr's obligation to make such pnymcmsnnd to provide 

receipts shall for all pmvoscs bcdccnK'd tobcacovcnant and agreement ~ontained in this Security lnstnuncnt, as the phrase' 'covenant 

and agreement'' is used in Section 9. lfl3orrowcr is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower li1ils 

to pay the amoum due for an I:iscrow 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. Lemler may revoke the waiver as to any or all Escrow Items at any time by a notice given in accord<lllCC with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and 

in such amounts, that arc then rc<)uircd under this Section 3. 

Lender may, at any time, collect and hold Funds in an amount (a) suflicicntto permit Lender to apply the Funds at the time 

specified under RES!' A, and (b) not to exceed the maximum amount a lender can require under RESPA Lender slmll 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 arc insutcd by a fL"<<crnl agency, instnuncntality, or clltity (including 

Lender, if Lender is an institution whose deposits arc 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 chmgc Borrower for holding and applying 

the Funds, annually analyzing the escrow account, or verifying the Escrow ltcms,unlcss Lender pays Borrower interest on the Funds 

and Applicable Law permits Lender to make such a chnrgc. Unlcssanngrocmcnt is made in writing or Applic11blcLaw requires interest 

to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings \lllthc 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 Rl'.SPA, Lender shall account to Borrower for the excess funds 

in accordance with RESPA. If there is n shortage of Funds held in escrow, ns defined under RESPA, Lender shall notify Borrower 

as required by RESPA, and Bonowcf shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, 

but in no more than 12monthly payments. If there is a deficiency of Funds held in escrow, as defined under HESPA, Lender shall 

notify Bormwcr as rClJUired by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in 

acmrdance with HESPA, but in no more than 12 monthly payments. 

Upon payment in full of all sums secured by this Security lnstmmcnt, Lender shall prompt.ly refund to Bom1wcr any Funds held 

bv Lender. 

.. 4. Charges; Liens. Borrower shall pay all taxes, assessments, chnrgcs, fines, and impositions a!lriblllllble tot he Property which 

can attain priority over this Security lnstmmcnt, leasehold payments or ground rents on the Property, if any, and Community 

Association Dues, Fees, and Asscssmcms, if any. To the extent that these items arc 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 lnstmmcnt 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 Bon ower is perfonning 

such agrcemcm; (b) contests the lien in good faith by, or defends against cnforccmclll of the lien in, legal procccdinns which in Lender's 

opinion operate to prevent the enforcement of the lien while those proceedings nrc pending, but only until such proceedings arc 

concluded: or (c) secures from the holder of the lien an agreement satisii1ctory to Lender subordinating the lien to this Security 

lnstrumcnt.lfLcndcrdctcrmincs thatnnypartofthc Property is subject to a lien which can attain priority over this Security lnstmmcnt, 

Lender may give Borrower a notice identifying the lien. Within!Odaysofthc date on which that notice is given, Borrower shall satis(v 

the lien or take one or more of the actions set forth above in this Section 4. 

Lcndcrm:~y require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender 

in connection with this Loan. 

5. Pmpcrty Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insmcd 

against loss by lire, hazards included within the term "extended coverage," and any other hazards including, bulnotlimiled to, 

earthquakes and Hoods, for which Lender requires insurance. This insurance shall be maintained in the arnounts(including deductible 

levels) and for the periods that Lender rt'<juircs. What Lender requires pursuant to the preceding sentences can change during the 

term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower su~jcct to Lender's right to disapprove 

Bonowcr's choice, which riglll shall not be exercised Jlllrcnsomlbly. Lender may require Borrower to pay, in comK'Ciion with this 

Loan, either: {11) a onc-timcch~~rgc for Hood zone determination, ccrtilic,ltion and tracking services; or (b)a onc·timc charge for flood 

zone determination and certification services and subs~qucnt charges each time rcmappings or similar changes occur which 

reasonably might affect such dctcnnination or certiflcatit)!l, Borrower shnll also be responsible fhr the payment of any fees imposed 

by the Federal Emergency Management Agency in connection with the review of any Hood zone determination resulting from an 

objection by Borrower. 

If Borrower ti1ils tomaintnin any of the cQvcragcs described above, Lender may obtain insumncc 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 C\JUity in the Property, or the contents of the 

Property, against any risk, ha;ard or liability and might provide greater or lesser covcmge than was previously in err. rower 

OREGON--Sinuk l'amily··Fonnlo M1wifrrddtr Mar tJNWCJilM JNsTIHIMENT 

Vonn30J8 t/Ot Page 3 of 8 

Initialst 

Exhibit B 

Page 3 of 8 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 20 of 47
Exhibit 1 

Page 21 of 47

Case 3:15-cv-01422-HZ Document 1-2 Filed 07/29/15 Page 4 of 8 

LOAN f11 

acknowledges thatthccost oft he lnsuranccc:o\·eragc so obtained might signilkantlycxct>ed thc~"Ost ofinsurancc that Borrower could 

have obtained. Any amounts disbursed by Lender under this Scc:tion 5 shalllx'\:omc additional debt of Borrower secured by this 

Security lnstmmcnt. These amounts shall bear interest at the Note nuc from the date of disbursement and shall be payable, with such 

interest, upon notice from Lender to Borrower requesting payment. 

All insuraJK'C policies required by Lender and renewals of such policies shall be subj~i to Lllndcr's right to disapprove such 

policies, shall include :1 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 ccrtificatcs.lfLendcr TC{fuircs, Borrowcrslmll promptly give to Lender all receipts 

of paid premiums and renewal notices. If Borrower obtains any form ofinsurancc coverage, not otherwise required by Lender, for 

damage to, or destruction of, the Pmpcrty, such policy shall include a standard mortgage clause and shall name Lender as mortgagee 

andlor as an additional loss payee. 

In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if 

not made promptly by Borrower. Unless Lc.nder and Borrower otherwise agree in writing, any insurance pmcccds, whether or not 

the underlying insurance was required by Lender, shatl be applied to restoration or repair of the Property, if the rcstomtion or repair 

is cccnomically feasible and Lender's sc.curity is not lessened. Dm ing such repair and restoration period, Lender shall have the right 

10 hold such insurance proceeds untll Lender has had an opportunl!y to insp<.x;t 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 l..ll\~ rcc1uircs interest to be paid on such insurance proc-eeds, Lender shall not be rc<jllircd to pay Borrower aoy 

interest or camings on such proceeds. Fees for public alljustcrs, or other third partie-<;, retained by Borrower shall not be paid out of 

the insurance proceeds and shall be the sole obligation ofBorrowcr. lflhc restoration or repair is not economically feasible or Lender's 

security would be lessened. the insurance proceeds shall be appliC{Ito the sums secured by this Security lnstnuncnt, whether or not 

then due, with the excess, if any, paid to Borrower. Such insunmce proceeds shall be applied in the order provided for in Scction2. 

If Borrower abandons the Property, Lender may file. negotiate and settle any avuilablc insurance claim and related matters. If 

Borrower docs not respond within JO days 10 a notice from Lender that the insurance carrier has offered to settle a claim, then Lender 

may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the 

Property under Section 22 or otherwise, Borrower hereby assi!!llS to Lender (a) Borrower's rights to any insurance proceeds in an 

nmount not to exceed the nmounts unpaid under the Note or this Security Iustrumcnt, aud (b) any other of Borrower's rights (oUter 

than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as 

such rights arc applicable to the covcrageofthc Property. Lender may usc the insurance proceeds either to repair or restore the Property 

or to pay amounts unpmd under the Note or this Security Instrument, whether or not then due. 

6. Occupancy, Borrower shall occupy, establish, and usc the Prof>crly as Borrower's principal residence within 60 days after 

the execution of this Security Instmmcnt and shall continue to occupy the Property as Borrower's principal residence for at least one 

year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be tmre<lsonably withheld, or 

unless cxtcnuatin8 circumstances exist which arc beyond Borrower's control. 

7. P•·csen·ation, Mnintcnancc and Protection of the l'rOflCrty; Inspections, Borrower shall nlll 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 pursu;mt to Section 5 that rcp;1ir or rcslomtion is not economically feasible, Borrower shall promptly repair 

the Property if damaged to avoid further deterioration or damage. lfinsurancc or condemnation proceeds arc paid in connection with 

damage to, or the taking of, the Property, Borrower shall be re-~ponsiblc for repairing or restoring the Property only if Lender hns 

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 arc not sufficient to repair or restore the 

Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restomtion. 

Lender or its agent nu1y make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may 

inspect the interior oft he improvements on the Property. Lender shall give Borrower notice at the time of or prior lo such an interior 

inspection specifying such rc;tsonablc cause. 8. Borrower's tonn Apt>liculion. Borrower shall be in default if, during the Loan application process, Borrower or any persons 

or entities acting at the direction ofBorrowcr or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate 

information or statements to Lender (or tailed to provide Lender with material information} in connection with the Loan. Material 

representations include, but arc not limited to, representations concerning Borrower's occupancy of the Property as Borrower's 

principal residence. 

9. Protection of L,,ndcr's lnkrest in the l'ropc11y nnd !Ugh Is Under this Sccul'ity Instrument. If (a) Borrower fails to 

perform the covenants and agreements contained in this Security lmlrumclll, (b) there is a legal proceeding that might si8nificantly 

affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proc\.'\:ding in bankruptcy, probate, 

for condemnation or forfeiture, for cilforccment of a lien which may atli1in priority over this Security lnstnuncnt 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 imcrcst in the Property and rights under this St-curity Instrument, including protecting and/or assessing the value 

of the Property, and securing andlor repairing the Property. Lender's actions can include, but arc not limited to: (a) paying any sums 

secured by a Hen which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable allorncys' 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 violat.ions or dangerous conditions, and have utilities 

turned on or off. Although Lender may take action under this Section 9, Lender docs not have to do so and is not under any duty or 

obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. 

Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security 

Instrument. These amounts shall bear interest at the Note mtc 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 !1 leasehold, Borrower shall comply with all the provisions oft he lease. If Borrower acquires 

fee title to the Property, the leasehold and the fcc title shall not mcr1~c unless Lender a8rccs to the merger in writing. 

Hl. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the 

premiums required to maintain the Mortgage lnsur;mcc in effect. If, for any rc,1son, the Mortgage Insurance covcrngc required b}' 

Lender ceases to be available fmm the mortgage insurer that previously provided such insurance and Borrower was re<1uire<lto make 

separately d\.'Signatcd payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums £C{(Uired 10 obtain 

coverage substantially equivalent to the Mortgage lnsmance pn::viously in effect, at u cost substantially equivalent to the cost to 

Borrower of the Mongage Insurance previously in eflect, from an altcmlltc mortgage insmer selected by Lender. If substantially 

equivalent Mortgage lnsmance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately 

designated paymcms that were due when the insurance covcmgc ceased to be in effect. Lender will accept, usc and retain these 

payments as a non-refundable loss reserve in lieu ofMort8age Insurance. Such loss reserve shall be non-refundable, notwithstanding 

( ,42 L!" 

Ont·:<aJN .. Singlo l'amily··l'mllll< M1w/Fretldk :\Inc UNII<OllM INSTIUIMt\NT lni tials 1 y~(i/". 

l'orm 3038 1/01 i>liJll~ 4 of 8 OR\JDEED 

1 I [ f Exhibit B 

Page 4 of 8 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 21 of 47
Exhibit 1 

Page 22 of 47

Case 3:15-cv-01422-HZ Document 1-2 Filed 07/29/15 Page 5 of 8 

LOAN #r 

the fact th:Jttltc Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such 

loss rcs~rvc. Lender c;m no longer require loss reserve payments if Mortgage lnsurancccovcragc (in the amount and for the period 

that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately 

designated payments Wwllld the premiums for !vlortgagc Insurance. If Lender required Mortgage Insurance as a condition of making 

the Loan and Bormwcr was required to make separately designated payments toward the premiums lor Mortgage Insurance, Borrower 

shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's 

requirement for Mortgage Insurance ends in accordance wilh any written agreement between Borrower and Lender providing for 

such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Llormwcr's obligation to pay 

interest at the rate provided in the Note. 

Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower docs 

not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. 

Mortgage insmcrs evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with 

other parties that share or modify their risk, or reduce losses. These agreements arc on terms and conditions that arc satisfactory to 

the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make 

payments using any source of limds that the mortgage insurer may have available (which may include funds obtained from Mortgage 

Insurance premiums). 

As a result of these agreements, Lender, anypurdmscroflhc Note, another insurer, any reinsurer, nnyotllcrcntity, or any affiliate 

of any of the foregoing, may receive (directly or indirectly} amounts thnl derive from (or Might be characterized as) a portion of 

Borrower's payments for Mortgage Insurance, in c.xchangc for sharing or modifying the mortgage insurer's risk, or reducing losses. 

If such agreement provides that an affiliate of Lender takes a shmcofthc insurer's risk in exchange for a share oflhc premiums paid 

to the insurer, the arrangement is often termed "captin~ reinsurance.'' Further: 

(a) Any such IIJ.II'ecmcnts will not affect the amounts thnt Burrower· has agreed to JlllY for MortJ,~Ugc Insurance, or any 

other· terms of the l.onn. Such agreements will not incrcnsc tht• amount Bon·owcr· will owe for Mm·tgagc Insunlncc, and they 

will not entitle Borr·owcr· to tmy refund. 

(b) Any such al(rccnwnts will not affect the rights Hon·owcr· hils- if any· with t'eSJlCCl to the MortgnJ.IC Insurance under· 

the Homeowners l'rotcctlon Act of 1998 or any othc•·law. These rights may include the right to receive certain disclosur·es, 

to request and oiHain cancellation of the Mortgage Insurance, to have the M011gage lnsu•·nncetcrminalcd automatically, and/ 

or to receive a refund of any Mortgage lnsunmcc premiums that wcr·ctmcarncd at the time of such cancellation or termination. 

11. Assignment or Miscellaneous Proceeds; f'orfciturc. All Miscellaneous Proeccds arc 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 rcstoratiun period, Lender 

shall have the light 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 thai such inspection shall he undertaken promptly. Lender may pay 

for the repairs and restoration IIlli single disbursement or in a series of progress payments us 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 imcrcst or earnings on such Misccllnncous Proceeds. If the restoration or repair is not economically 

feasible or Lender's security would be lessened, the Miscellaneous Pmcccds shall be applied to the sums secured by this Security 

lnstnnnent, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous PrO<.'CCdS shall be applied in 

the order provided for in Section 2. 

In the event of a tolill taking, destruction, or loss in value oft he 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 fitir marlwt value of the Property 

immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the swns secured by this 

Security lnstnnncnt immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree 

in writing, the sums secured by this Sccmity lnstnnncnt shall be reduced by the amount of the Miscdlancous Proceeds multiplied 

by the following fraction: (a) the total amount oft be sums secured immediately before the partial taking. destruction, or loss in value 

divided by (b) the fnir market value of the Property immedintcly before the partial taking, destruction, or loss in value. Any balance 

shall be paid to Borrower. 

In the event of a pnrtial taking, destruction, or loss in value of the Property in which the l'ilir 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 bcfme 

the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Misccll;mcous Proceeds 

shall be applied to the sums sccnwd by this Security lnstmmcnt whether or not the sums arc then due. 

If the Propct1y 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 daim 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 MisL-cllancous Proceeds either to restoration or repair of the 

Property or to the sums secured by this Security Instrument, whether or not tl1cn due. "Opposing Party'' means the third party that 

owes Borrower Miscellaneous Pmcccdsorthe party against whom Borrower hasn right of action in regard to Miscellaneous Proceeds. 

Borrower shall be in default if any action or procctxling, whether civil m criminal, is begun that, in Lender's judgment, could 

result in forfcimrc of the Property or other material impainneut of Lender's interest in the Property or rights under this Security 

Instrument Borrower l~lll cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by C'<~using the 

action or proceeding to be dismisS<.'!~ with a ruling that, in Lcndcr'sjudgmcnt, 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 arc attributable to the impairment of Lender's interest in the Property arc hereby assigned and shall be paid to Lender. 

All Miscellaneous Proceeds that arc not applied to rcstomtion or repair of the Property shall be applied in the order provided 

for in Section 2. 

12. Borrower Not lklcascd; Forbearance By Lcndc1· Not a Wuivcr. Extension of the time for payment or modification of 

amortization oft he 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 ofBorrowcrorany Successors in Interest ofB{JTrowcr. Lender shall n\ll be required to commence 

proceedings against any Successor in Interest of Borrower or to rctiJsc to extend time for payment or otherwise modify amortization 

of the sums seemed by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest 

of Borrower. Any forbc:mmcc by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of 

payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not 

be a waiver of or preclude the exercise of any right or remedy. 

13 •• Joint and ScYcr·nl Liability; Co-signers; Succcssol's and Assii(IIS Bnund. Borrowcrcovcmmtsand ltgrccsthat Borrmvcr's 

obligations and liability shall be joint and severaL However, any Borrower who co-signs this Security Instrument but docs not execute 

the Note (a ''co-signer"): (a) is co-signing this Security lnstmmenl only to mortgage, grant and convey the co-signer's interest in 

the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security 

OllEGON .. Sinr,lc l'•ullily··F•umk M•U"IJII·<ddit ~In< IJNII'OIIM INSI'IUIMIWI' 

l'onn JOJH 1101 Pngl\ ~ of 8 

'~ In.itials r <&47-

.r:....::...:.':cOJ::-:U"'Jt"")t,.,.m""D 

Exhibit B 

Page 5 of 8 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 22 of 47
Exhibit 1 

Page 23 of 47

Case 3:15-cv-01422-HZ Document 1-2 Filed 07/29/15 Page 6 of 8 

LOAN llr 

lnstmmcnt; and (c) agrees that Lender and any other l3ormwcr can agree to extend, modify, forbear or m;1ke any accommodations 

with regard to the tenus of this Security lnstmmcnt or the Note without the co-signer's consent. 

Subject to the provisions of Section 18, any Successor in I merest of Borrower who assumes Borrower's obligations under this 

!)ccurity lnstmmcnt in writing, and is approved by Lender, shall oblflin all of Borrower's rights and hencfits under this Security 

lnstmmcnt. 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 Instnmtcnt shall bind (except as provided in Section 

20} and benefit the successors and assigns of Lcndcc 

1~. Loan Clull'f.:CS. Lender may charge Borrower fees for scn•ices performed in connection with Borrower's default, for the 

purpose of protecting Lender's interest in the Property and rights under this Security Instrument, induding, but not limited to, 

attorneys' fees, property inspection and valuation fees. In regard 10 any other fees, the absence of express aulhority in this Security 

lnslnuncnt to charge a specific fcc to Borrower shall not be construed ns a prohibition on the charging of such fcc. Lender may not 

charge fees !hat arc expressly prohibited by this Sccuritr Instrument or by Applicable Law. 

If the Loan is subject to a law which sets maximum loan charges. and that law is finally interpreted so that the interest m·other 

loan charges collected orto be collected in conncetionwith the Loan exceed the pcrmiucd limits, then: (a) any such loan charge shnll 

be reduced by the amount ncccsS<tl)' to reduce the charge to the pcnmttcd limit; and (b) any sums alrclldy collected from Borrower 

which exceeded permitted limits will he refunded to Borrower. Lender may choose to make this refund by reducing the principal owed 

under the Note or by ll!aking a direct pllymcnt to Borrower. If a refund reduces principal, the reduction will be treated as a partial 

prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's 

acceptance of any such refund made by direct payment w Borrower will constitute a waiver of any right of action Borrower might 

have arising out of such overcharge. 

15. Notices, All notices given by Borrower or Lender in connection with this Security I nstmmcnt 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 m;tually delivered to Borrower's noticcmldrcss if sent b,Y other means. Notice to any one Borrower shall constitute notice 

to all Borrowers unless Applicable Law expressly requires otherwise. The notice address simi I bet he Property Address uulcss Borrower 

has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender ofBorrowcr'schangcofaddrcss. 

If Lender specifics a procedure for rcp0!1ing Borrower's chnngc 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 lnstmmcnt at any one time. 

Any notice to Lender shall he given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender 

has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed 

to have been givcntn 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 sat is!)• the corresponding requirement under this Security lnstmmcnL 

16. Governing Law; Severability; Rules of Construction. This Security Instrument shall he governed by federal law and the 

law oft he jurisdiction in which the Property is located. All rights and obligations contained in tltis Se.curity lnstnamcnt arc subject 

to any TC{jUircmcnts and limillltions of Applicable Law. Applicable Law might explicitly or implicitly allow the panics 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 conllict shall not affect other 

provisions of this Security lnstnuncnt or the Note which can be given effect wit hom the conflicling provision. 

As used in this Security lnstnnncnt: (a) words of the masculine gender shall mean and include corresponding neuter words or 

words of the feminine gender; (b) words in the singular shallmcnn and include the plum I and vice versa; and (c) the word "may" 

gives sole discretion without any obligation to take any action. 

17. llorrowcr·'s COJ1Y· Borrower shall be given one copy of the Note and of this Security lnstmmcnt. 

!8, Transfer of tlw Pmpcrty or a llcncficiallntcr·cst in Borrower. As used in this Section 18, "Interest in the Property" 

means any legal or beneficial interest in the Propeny, including, hut not limited to, those beneficial interests transferred in a bond 

for deed, contract for deed, installment sales contmct or escrow agreement, the intent of which is the transfer oflitk by Borrower 

at a future date to a purchaser. 

If all or any part oft he Property or any Interest in the l'mpcrt~· is sold or transferred (or if Borrower is not a natural person and 

a hencficial i ntercst in Borrower is sold or transferred) without Lender's prior wrillcn consent, Lender may rC<Jui rc immediate payment 

in full of all sums secured by this Security !nstmmcnt. However, this option shall not he exercised by Lender if such exercise is 

prohibited by Applicable Law. 

If Lender exercises this option, Lender shall give Bonowcr notice of acceleration. The notice shall provide a period of not less 

than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by 

this Security lnstnttncnt. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies 

permitted by this Security Instrument withoutlhrther notice or demand on Borrower. 

19. Uorrowcr·'~ Righi to Hcinstnle After Acl:elerallnn. If Borrower meets certain conditions, Borrower shall have the right 

to have enforcement oft his Security Instrument discontinued atuny time prior to the earliest of: (a) five days before saleofthe 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 lnstnuncnl. Those conditions arc that 

Borrower: (a) pays Lender all sums which then would be du(' under this Security lnstnuncnt and the Note as if no ac.cclcralion hnd 

occurred; (b) cures any delimit of any other covenants or agteemcnls; (c) pays all expenses incurred in enforcing this Security 

Instrument, including, but not limited to, reasonable auorncys' 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 rc;Jsonab!y require to a&surc 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 lnstmmcnt, shall continue unch.1ngcd. Lender may require that 

Borrower pay such rcinstatcmcnl sums and expenses in one or more oft he following forms, as selected by Lender: (a) cash; (b) money 

order; (c) certified check, bunk check, treasurer's check or cashier's check, provided any such check is drawn upon an instilution 

whose deposits arc insured by a federal agency, instnnncntality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by 

Borrower, this Security lnstmmcnt and obligations secured hereby shall remain fully effective as if no acceleration had occurred. 

However, this right to reinstate shall not apply in the cas<: of acceleration under Section 18. 

20. Sale of Note; Change of Lmm Service!'; Notice uf Grievance. The Note ont partial interest in the Note (together with this 

Security Instrument) cnn be sold one or more limes without prior notice to Borrower. A sale might result in a change in the entity 

(known as the "Loan Scrviccr' ')that collects Periodic Payments due under the Note and this Security Instrument and performs other 

mortgage loan servicing obligations under the Note, this Security lnstmment, and Applicable Law. There also might bconcormorc 

changes oft he Loan Scrviccr unrelated to a sale oft he Note If there is a change ofthc Loan Scrviccr, Borrower will he given written 

notice oft he change which will state the name and address of the new Loan Scrviccr, the address to which paymcms should be n1.1dc 

and any other information RESPA requires in conne.::tion with a notice of transfer of servicing. lfthc Note is sold nnd thereafter the 

Loan is serviced by n Loan Scrviccr other than the purchaser of the Note, the mortgage loan servicing obltgations to l3orrower will 

remain with the Loan Scrviccr m be transferred to a successor Loan Serviccr and arc not assumed by the Note purchaser unless 

otherwise provided by the Note purchaser. 

OIU\GON··Singlc J';unily .. f,umh· Mn••IFr<d•ll• Mnc llNII'OilJ\IINKfiW~li\NT 

t'orm 3036 IIIli l'agt• (> of 8 

lnitialsr 

' ORUDEED 

Exhibit B 

Page 6 of 8 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 23 of 47
Exhibit 1 

Page 24 of 47

Case 3:15-cv-01422-HZ Document 1-2 Filed 07/29/15 Page 7 of 8 

LOAN tit 

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 lnstnnncm 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 

:he other party (with such notice given in compliance with the rc<tuircmcnts of Section 15) of such alleged breach and afforded the 

other party hereto a reasonable period after the giving of such notice to take corrccti\'C action. If Applicable Law provides a time period 

which must elapse before certain action can he taken, that lime period will he deemed to be reasonable for purposesoftllis paragraph. 

The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to 

Borrower pursuant to Section 18 simi I be deemed to satisfy the notice and opportunity to take corrective action provisions oft his Section 

20. 

21. Htt:iia•·dous Suhstnnces. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or 

hazardous subst:mces, pollutHnts, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable 

or toxic petroleum products, toxic pesticides and herbicide$, volatile solvents, materials containing a&bcstos or formaldehyde, and 

radioactive nultcrials; (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" mcnns a condition that can cause, 

contribute to, or otherwise !rigger an Environmental Clc;mup. 

Borrower shall not cause or permit the presence, usc, 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 En\'ironmcutal Law, (b) which creates an Environmental Condition, or (c) which, due to the 

presence, use, or release of a Hazardous Substance, crcatc,s a cMdition that adversely afiects the value oft he Property. The preceding 

two sentences shall not apply to the presence, usc, or stomgc on the Property of small quantities of Hazardous Substances that arc 

generally recognized to be appropriate to nornllll 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 pri\'alc party involving the Property and any Hazardous Substance or Environmental Law of 

which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, 

discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of 

a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or 

regulatory authority, or any private party, that any rcrno\111 or other remediation of any Ha1.1rdous Substance affcaing the Property 

is necessary, Borrower shall promptly take all necessary rcmcdilll actions in accordance with Environmental Law. Nothing herein 

shall create any obligation on Lender lor an Environmental ClcanuJJ. 

NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 

22. Accelcrntion; ncmcdies. Lender shall give notkc to Bormwcr JH'ior to acceleration following l:lorrowc•·'s breach of 

any covenant or ngrccmcnt in this Scl:urity ln.~trumcnt (but not prio•· to acceleration under Section !Sunless AllJllicable Law 

provides otherwise). The notice shnll SJlCCify: (II) the dcfnult; (b) the acHon required to cure the default; (c) a date, not less 

than JO 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 un Ol' before the dntc SllCCified in the notice may rcsull in acceleration of the sums secured by this Security 

Instrument and sale of the Property. The notice slut II further inform Uorrowcr oft he l'ight to rcinstnte a ftc•· acceleration and 

the right to bring a court action to nssert the non-existence of 11 default In' any other defense of Borrower to acceleration and 

salc.lt'the default Is not cured on or before the date Sl>edllcd in the notice, Lender at itso11tionmay require Immediate payment 

in full of all sums secured by Ibis Security Instrument without f111·thcr demand and may im•nl•c the llOwer ofsalc and any other 

t·emedics permitted by Applicable Law. Lender shall ht! entitled to collect all expenses Incurred in I>Ursuing the remedies 

provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. 

If Lender invokes the power of sale, Lender shall execute or c:mse Trustee to execute a written notice of the occurrence 

of an event of default ami of Lender's election to cause the l'ropcrty to Ill' sold and shall cause such notice to be recorded io 

each county in which any lllll1 of the Property is located. Lend a orTmstcc shall give notice of sale in the manner prcsnibcd 

by Applicable Lnw to Horrowcr and to other persons prescribed by Applicable Law. After the lime required by i\pplicnblc 

Law, Trustee, without demand on Borrower, shall sell the Propaty at puhl!c auction to the highest bidder at the time and place 

and under the terms designated in the notice of sale in one or more parcels and in any order Trustee dclcnnincs. Trustee may 

pos111onc sale of all or any pnrcel of the Property by public announcement at the time lllld place of ;my previously scheduled 

sale. Lender or its designee may purchase the ProJlcrty at any sale. 

Trustccshnllllcliverto thclm•·chascrTmstec'sdccd conveying the Propc11ywithout anycovcnunt orwnrranty, eXJlrcsscd 

or· iii!Jllicd. The rcdtuls in the '1'.-ustce's deed s!ulll be prima facie evidence oft he truth oft he statements made therein. Trustee 

shallnllply the lli'OCI!cds oft he snlc in the fo!lowingonlcr: (a) to all CXJll'nscs oft he sale, including, hut not limited to, reasonable 

Trustee's and attorney~• fees; (b) to all stuns St-cured by this Security lnstmment; and (c) :my ~xccss to the 11crson or persons 

legally entitled to it. 

23. Rccom'eyancc. Upon payment of all sums seemed by this Security lnstnnncnt, Lender sh,11l request Trustee to reconvey 

the Property and shall surrender this Security lostmmcnt and all notes evidencing debt secured by this Security Instrument to Trustee. 

Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay 

any recordation costs. Lender may charge such person or persons a fcc for rceonvcying the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and tlw charging oft he fcc is permitted under Applicable Law. 

24. Substitute Trustt-e. Lender may from time to time remove Trustee and appoint a successor trustee to;my Trustee appointed 

hereunder. Without con\'eyancc of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon 

Trustee herein and by Applicable Law. 

25. Attorm1ys' Jo"ccs. As used in this Security Instrument and in the Note, attorneys' f~'Cs shall include those awarded by an 

appellate com!. 

26. Protective Advances. This S~"Curity Instrument secures any advances Lender, at its discretion, may make under Section 

? of this Security lnstnuncnt to protect Lender's interest in the Property and rights under this Security lnstmmcnt. 

27. RCIJUircd Evidence of Property Insurance. 

WARNING 

Unless you provide us with evidence olthc insumncc coverage as required by our conuaLi or loan agreement, we may 

purchase insurance at your expense to protect our interest This insurance may, butnecd not, also protect your interest If 

the collateral becomes damaged. the coverage we purchase may not pay :my claim you make or any claim made against you. 

You may later cancel this coverage by providing evidence that you have obtained property coverage elsewhere. 

You arc responsible forthecost of any illSurant-e purchased by us. The cost ofthis insurance may be added toyourcontract 

or loan balance. If the cost is added to your contract or loan balanw, the interest rate on the underlying <:ontrnct or loan will 

OIU.:G()N .• Singk Farnity .. Jiannh• Mu<~F•·••ddk Mnc lJNli'OllM lNSTIUJM((N'J' 

llomt J03H l/01 J>agc 7 of 8 

·tL 

Initials1 /{;?,r' OlUJDEEI> 

Exhibit 8 

Page 7 of 8 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 24 of 47
Exhibit 1 

Page 25 of 47

Case 3:15-cv-01422-HZ Document 1-2 Filed 07/29/15 Page 8 of 8 

LOAN #r 

apply to this added amount. The effective datcofcovcmge may he: the date your prior coverage lapsed or the date you failed 

to provide proof of covcmgc. 

The coverage we purchase may be considerably mote expensive than insurance you can obtain on your own and may 

not satisfy any need for property damage coverage or any mandatory liability insurance requirements imposed by i\pplicablc 

Law. 

RY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security lnstmmcnt and in 

any Rider executed by florrowcr and recorded with it 

County of: 

This before me 

by ------------~~~~------~--~~~n-~r-----------------------------------

KATHLEEN 0. VI\RGAS 

Commlanlon U 12864 76 

Notary Public • California 

Marin County 

My Comm. Explrou Jan 2, 2005 

My coll\ll\ission 

ORE<;o:-; .• Singlc Fanuly--l'•uul< M;u:lfrtddi< Ma< IJNif<mM INSTR!<~U:NT 

fonu 303111101 Jlaj!C 8 of 8 ORlJDEED 

Exhibit B 

Page 8 of 8 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 25 of 47
Exhibit 1 

Page 26 of 47

Case 3:15-cv-01422-HZ Document 1-3 Filed 07/29/15 Page 1 of 11 

/1, <. /~ .. ·.F . U if ~ ' 

' ·• ., After Recording Return To. ' y·""' "PEELE MANAG~ME'~TCORPORATION 

·,f o P.O BOX 30014 

.,.. 

r··-·-··-··· 

Clad<llll<i'; Co ~>dy Official R8co1d~ 

Silen; Ha!l, County C!e1k 

2003-041141 1\/)r-./ ASSIGNMENT JOB 1190822 

RENO, NV. 89520-3014 

(T/5) 82'1-9600 1\l\lllll it!!\ l\111\lllllll\UI\llllll\llllllll\1 

00-1f)l(J4o:201BiiiH 11~1<>uiOtilfl 04103 /'2003 01:21 :4'/ Pl\>1 

$3 '1.00 

THIS DOCUMENT WAS PREPARED BY: 

8' '1 ?J!!PPJ IIi> 

WASHINGTON MUTUAL BANK, FA 

P.O. BOX 44090 

JACKSONVILLE, FL 32231-9930 

ATTN: CUSTODIAL LIAISON BB-CL3 

For good and valuable consideration, the sufficiency of which Is hereby acknowledged, 

WASHINGTON MUTUAL BANK, FA j(., -OC)S"' 

wiJo_se.adclress is 7301 ,Baymeadows Way, ,Jacksonvill9, Florida 32256-6833. · ~ID By these presents does convey, grant, bargain, sell, assign, transfer and set over to: • .,..._...(GRANTOR) 

Deutsche Bank TnJs! Company Americas as Trustee 

3 Park Plaza. Sixteenth Floor, Irvine, CA 92614·8539 (GRANTEE) the described Mortgage/Deed of Trust, together with the certain note(s) described therein with all interest, all liens and any rights due or to become due thereon. 

Said Mortgage/Deed of Trust is recorded in the County of Clackamas State of Oregon 

Official Records on: 

Original Mortgagor: ROBYNNE A FAULEY 

Original loan Amount: $330,000.00 

Property Address: 12125 SOUTHEAST LAUGHING WATER ROAD, SANDY, OR 97055 

Legal Municipality: S SEE ATTACHED LEGAL DESCRIPTION 

Document#: d) DOd-D / g.DD BOOK: PAGE: 

~ ec,o,- c -e.;<.\ <.a.- do·- o '6.. · 

Dntc; July 29, 2002 WASHINGTON MUTUAL BANK, FA 

.:;:__ __ .:;:__ ______ ~ ____ .c;;._.. ____ ••••••••--•---- '""''"~~--~-·e-••- ··-··--.. ·- ·-

29TH diiy·oJ July, 2002 

The foregoing instrument was acknowledged before me this ""··~- . . /.--

by M. Free and Lori A. Brown, Assistant Vice President and Assistant Secretary of Washington Mutual Bank, FA, 

A Federal Savings Bani<, on behalf of the corporation. He/She rs person~; known to me and drd ~a:;;~;· .// 

' /'L:(. <?J;:?<".'S<:c;;d...:..f/:~:~Q,..--t~ .. ~,···!t~~·~··,, W- Andr.r son Regina \f\1_4\:r;c.il:nson ~/ Notary Publrc l"l:::·;;;:t~.;,.-;_ MY cor•,1MI~oici!CIN I/1)00-1H~'t)S EXPi~[S L 

\;,;_:_,1

• •. ~.•;":,':·;'~·,,:_t_.·:,t Oclot"" 12. <:oo:; State of Florida At arge non:Jed Thru Troy F~,m InsurancE:. ·n(:. My Cornnlisslor~.~~pires: October i 2, 2005 ~~----' ··'· ··. ,..r"'.--

~ 

Exhibit C 

Page 1 of 11 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 26 of 47
Exhibit 1 

Page 27 of 47

\ 

I 

\ 

Case 3:15-cv-01422-HZ Document 1-3 Filed 07/29/15 Page 2 of 11 

\ 

\ \ 

\ 

·' I 

.. .r-. 

\J 

"· 

'· . 

Exhibit C 

Page 2 of 11 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 27 of 47
Exhibit 1 

Page 28 of 47

Case 3:15-cv-01422-HZ Document 1-3 Filed 07/29/15 Page 3 of 11 

u 

Exhibit "A" 

Parcel 1, Partition Plat nO. 1999-041, in the County of 

Clackamas and State of Oregon 

Exhibit C 

Page 3 of 11 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 28 of 47
Exhibit 1 

Page 29 of 47

I 

N 

t)) 

0 

\) 

--' 

0 

d 

z 

d 

(J 

LL: ~ 

Case 3:15-cv-01422-HZ Document 1-3 Filed 07/29/15 Page 4 of 11 

~~ 't 

J n;"0•' \ > \> 

___ df,'fi'" 

~:.,...- Recording requested by: 

Whon recorded .r>la it to: 

Litton Loan Servicing LP 

4828 Loop Central Drivo 

Houston, TX 77081 

TS # OR·07·79188·JB 

\..J. - /l\(1 \):' ~~~1 \ ..,, 

a '·1 c . .-/\, / ..-"\ b ) · Clackamas County Official Records 2007-038181 

Sherry Hall, County Clerk 

IIUll\11 11\l\111111 \11\1 I \\l\11 \l\lll\\llll\1 1\\ $

2

G.OO 

01098354200700381810010012 05/03/2007 10:09:23 AM 

M-TOA Cnt"1 Stn=iO LESLIE 

$5 GO $11.00 $10 00 

For value received, the undersigned corporation hereby grants, assigns, and transfers to WASHINGTON 

MUTUAL BANK, FA all beneficial interest under that certain Deed of Trust dated 6/12/2002 executed by 

ROBYNNE A FAULEY, as Trustor(s) to STEWART TITLE GUARANTY COMPANY, as Trustee and 

recorded as Instrument No. 2002·057800, on 6/20/2002, in Book xxx, Page xxx of Official Fiecords, in the 

office of the County Recorder of CLACKAMAS County, OR together with the Promissory Note secured by 

said Deed of Trust and also all rights accrued or to accrue under said Deed of Trust. 

Dated: APR 11 2007 

State of Jc X ,:I"'?__ __ . 

county or lfx:Ztv t. 

) ss 

Real)i~l ~UI~, LLC 

-r£~~0---~ _ ~ ~- ~~-- Denise Bailey 

Assistant Secretary 

Brenda F. McKinzy On Af!R J -l-&}BJ before me, the 

undersigned Notary Public, personally appnarod ···~·-··-·-·D•mise.Barley.. personally known to me (or 

proved to me on the basis of satisfactory evidence) to be tho porson(s) whoso name(s) is/nrc sullscrilled to the. _ 

. __ within_instrurn.ent,.and ackr.o'.v!sdgesLto·. mec:that ·:he/c;httltlt•'lY ·oxocuied ·the snmo_,ln .. 111Siher/tt1_elr nutllorizeif" 

capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which 

the person(s) acted, executed the iflstrurncnt. 

Exhibit C 

Page 4 of 11 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 29 of 47
Exhibit 1 

Page 30 of 47

Case 3:15-cv-01422-HZ Document 1-3 Filed 07/29/15 Page 5 of 11 

~·~0~----..-.. --~~-.---." ,, ... _____ ............. _. '(, 

j ,--...,, -

Clacl\amas Cdi111ty Official Rec:··-., 

Sherry Hall, County Clerk U 2008-07 4676 

lllllllllllllllllllllllllllllllllllllllllllllllll $

41 ·

00 

01259537200800746760030037 

10/31/2008 02:17:25 PM 

BC ttl0 S"l3 

This Document Prepared By and 

After .!(,~cording Plea_s(l_Retmn To: 

MGC Mortgage, INC. 

Attn: Allison Martin, Manager 

Document Control 

7195 Dallas Parkway 

Plano, Texas 75024 

-----·----------

M-TDA Cnt=1 Stn=10 ELIZABETH 

$15.00$16.00$10.00 

CORRECTIVE ASSIGNMENT OF DEED OF TRUST 

(This Assignment is being recorded to corrected chain of assignments.) 

··.·--.-.. ....... ~~-~ 

Grantor: Deutsche Bank Trust Company Americas (formerly known as Bankers Trust 

Company) as Trustee 

1761 East St. Andrew Place, Santa Ana, Ca 92705 

Grantee: Residential Funding Company, LLC 

One Meridian Crossings, Suite 100, Minneapolis, MN 55423 

Property Address: 12125 Southeast Laughing Water Road, Sandy, OR 97055 

Legal Description: Parcell, Partition Plat No. 1999-041, in the County of Clackamas and 

State of Oregon. 

BC:6l9513 

Exhibit C 

Page 5 of 11 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 30 of 47
Exhibit 1 

Page 31 of 47

3 

··~:,.~:~ ..... 

' 

Case 3:15-cv-01422-HZ Document 1-3 Filed 07/29/15 Page 6 of 11 

u u 

ASSIGNMENT OF DEfW OF TRUST 

THIS ASSIGNMENT Of DEED OF TRUST (this "Assignment") is made by DEUTSCHE BANK TRUST 

COMPANY AMERICAS (formerly known as Bankers Trust Company) as Trustee, whose address is 1761 East St. 

Andrew Place, Santa Ana, CA 92705, ("Assignor"), to and in favor of RESIDENTIAL FUNDING COMPANY 

LLC., whose address is One Meridian Crossings, Suite 100, Minneapolis, Minnesota 55423 ("Assignee"). 

THIS ASSIGNMENT WITNESSES THAT, in consideration of Ten Dollars ($10.00) and other good and 

valuable consideration paid by Assignee, Assignor hereby assigns, transfers, sets over and conveys to Assignee anc.l 

its successors and assigns, without recourse and without representation or warranty, whether express, implied or 

created by operation of law, except as expressly set forth in the Purchase Agreement, the following: 

I. that certain Deed of Trust from Robynne A. Fauley, dated June 12, 2002, and recorded June 20, 2002, as 

Instrument No 2002-057800, in the Clerk's Office of the County of Clackamas, State of Oregon, (the 

"Deed of Trust"), which Deed of Trust secures that certain Promissory Note dated June 12, 2002, in the 

original principal amount of $330,000.00, executed by Robynne A. Faulcy and payable to the order of 

Washington Mutual Bank, FA., as modified or amended (the "Note"); 

2. Assigned to Deutsche Bank Trust Company Americas as Trustee hy Assignment dated July 29, 2002, 

recorded on April 3, 2003, as Instrument No. 2003-041141, in the Clerk's Of11ce of the County of 

Clackamas, State of Oregon. 

3. Assigned to Washington Mut1tal by Assignment dated April II, 2007, recorded on May 3, 2007, as 

Instrument No. 2007-038\81, in the Clerk's Office of the County of Clackamas, State of Oregon. 

4. as such other documents, agreements, in:;tmments and other collateral that evidence, secure or otherwise 

relate to Assignor's right, title or interest in and to the Deed of Trust and/or the Note and/or the loan 

evidenced hy the Note, including w.ithout limitation the title insurance policies and hazard insurance 

policies relating thereto that are in effect. 

BC:619513 2 

Exhibit C 

Page 6 of 11 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 31 of 47
Exhibit 1 

Page 32 of 47

Case 3:15-cv-01422-HZ Document 1-3 Filed 07/29115 Page 7 of 11 

(.) u 

IN WITNESS WHEREOF, Assignor has caused this Assignment to be executed and 

delivered by its Authorized Representative as of the 2.:z':~day of Oct~Jb$2r, 2008. 

Deutsche Bunk Tn~st Company ;.\mcricas (formerly known as Bankers Trust Company) as Trustee Residential 

funding Company, LLC f'ormerly known as Residential Funding Corporation Attorney-in Fact ' 

By: ___ ?(t:bt:·-~~C::;?___ . --··- Name:' Michael !):1ealf' 

Title: Limitcd'Signing Officer 

POA recorded on 2/7/2003, as lnstr. No. 2003-016512. 

ACKNOWLEDGMENT 

STATE OF MINNESOTA 9 

§ 

COUNTY OF I !ENNEPIN § 

Before me, the undersigned, a Notary Public, on this day personally appeared M.ichael Mead, who is 

personally well known to me (or sufficiently proven) to be the Limited Signing Officer of Residential Funding 

Company, LLC fonnerly known as Residential Funding Corporation and the person who executed the foregoing 

instrument by virtue of the authority vested in him/her, and he/she acknowledged to me that he/she executed the 

same for the purposes and eonsiderat ion therein expressed and in the capacities therein stated. 

Given under rny hand and seal this 2.I"'_day of Octgp~~f., 2008J.-D .. " ~ 

... -~ £. _\Lfld1ti1lJfYl&<Ltd~J No1ar:; J~uhlie, State of ]'v1inncsota 

A F FIX NOTARY SEAL 

BC:6J9513 3 

My commission expires: .flb3_i::Z.ilQZ. 

Exhibit C 

Page 7 of 11 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 32 of 47
Exhibit 1 

Page 33 of 47

Case 3:15-cv-01422-HZ Document 1-3 Filed 07/29/15 

Clack»mos County Official Records 2008-07 4677 

Sherry Hall, County Clerk 

This Document Prepared By ,rnd 

Aller Recording Please.JI.rl!r.r•\.TO 

MGC MOiri'GAWO:, INC. 

Attn: Allison Martin, Manager 

Document Control 

7195 Dnllas Parkway 

Plano, Texas 7502·1 

111111111111\111\,\1\11111\\\1\1 111111111\ll\llll . $

3

S.OO 

o1259536200600746TI0020027 10/31/2008 02:17:25 PM 

M-TDA Cnt=1 Sln=10 ELIZABETH 

$10.00 $16 00 $10.00 

ASSIGNMENT OF DEED OF TRUST 

Grantor: RESIDF.NTIAL FUNDING COMl'ANY, LLC 

One Meridian Crossings, Suite 100, Minneapolis, Minnesota 55423 

Grantee: LNV CORPORATION 

7195 Dalla.~ l'arkwny, Plano, Texas 75024 

Property Address: 12125 Southeast Laughing Water Road, Sandy, OR 97055 

Legal Description: l'arccll, Partition Plat No. 1999-041, in the County of Clackamas and 

State of Oregon. 

HC 6195IJ 

Page 8 of 11 

Exhibit C 

Page 8 of 11 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 33 of 47
Exhibit 1 

Page 34 of 47

Case 3:15-cv-01422-HZ 

RFC J ocm Numhu: • 

~c!lc1 L~nn KnmblT' 

Document 1-3 Filed 07/29/15 

111111111111 il/lllllll/llllllllllll\111111111 

FO!{ VAU)I' RbCEIVlm, 'lh·;ld<:ntwl Fund in~ Com!'""'' U.C lka Hcsi<lcnlinl FuudinR Cm·l"'''a(ion' 

nll bi.'lldl(:iil! iHkh'<;\ 'jfl(kr t!;nt ::n!:\ill need ol Tru·;l dti!Gd ()/j 2:/.00:! 

ex;:('! lied hy ROHY:.JNL 1\ h\lJLEY 

m~d r~c•Jtdt:d n1 fhH_>K ... V.../~ 1.1n P<~gt~ -~~.-/#:-.~~ r1:,; lll<::tHitlll:li! No. ?-g(JZ<C>.678(0 .. o1_1 .6/ll<)./.4(.)()_.'.?:- ot \1fl!cinl Rccotd~ l!l th•: Cunnty !{,_:.;0:d~r's O!lict~ nl .. (;J~~J.co:-(A."~,-;, Cou1ty, Oregon 

l'n'pt•ny ,\ddfl;ss· 121/5 SE~X'~ll'l'Jll::\ST L!\L(;}1!\\I W:\ S:\-:\t)Y, <JP. ~.lJ(l~) 

~KJI< f<J;\(il·. ;\~!01 Jt\ I'· ;;.1J0.(UUJ)i) 

J'()(if.TllLR \\1th th(' H\lft: ur no!v, rltr.rtin d::.\t.::fibc~<l m rrreued \;I, !be n,on,~y du<: auJ to b.,:l,:.;l!!\f: dnc iht'i\'Oil 

w\!h l!Ht:fCSl, Dnd n!l rights oKcrur.d l!f tn r~;.'CHH~ lll<<kr s:nrt l)crd nf ·rrust 

1

Rt<!;hknilul Fuuding CumjHltl)\ LLC ll\~1 H.r,idt:nJ!~l Funding t_:l)fjHJratiun 1 

ll'o~ :~ l " ~)10'/!lt _,/ '\fA T'i";Oi' 

(.'()! ih,' I'Y (II· 

r:;,;c~;) J,.:;~Jl;~~~~--~~L-~~=·-- ------- J..!JJ.l:-~"(l_~il~~DLV kc P r('s_hl~~-~--- ,., ... ~, 

l)u J, 10. !~JO(; hdi:f\t mr, lih· mnk~i~if:n~.·t!, a x,)I:1!Y l'ulih ill J\nd h>r );I HI Stt!t: pn:.(tn.li!y app~'Jfnl k~!IUil' L 

S11ulh, .. \s~;t:-\Ul!H \'h·t· \'r!'S!oknt td 'l{c.;i(b.:ntfal I;Hild!ll(~ f'ompany, I.L(' tka ltn,itft'nll.d Funding C.::llpo~;tlitlll' 

Jl1.'1'1:llail}' LnowH fO li1C tn k• thr p1.:n.·uu \'.hl)~n~ nam..,· IS suh~~.-rtlwd tnlht• within instlllllltnr :;.wi adnowlrd:~n\ 

lo llh' 1hnt !Jh•: t'\\''~uh·1i tln· ,.;.ur:;: Ht lw l't·t ;nnhodl~·d r;ipiiCJty, .md tlut by lu-i.:itt:t s!gH,\Iu~t· 1H1 lh~· !lhti\ll\!;.:nt 

\he \·nuty 'tpnnh.-!:.1{{ nf \'.h!dt lh·.- pu:·on ,)::k1l, t:\cnltl..'d tht· 11:~11\Hll.:nL WIT\VSS IllY lund ;1ntl otn•:;;d ;h-.il 

)

1

f rp:lt ell Hy ;ltHI "hn11 tft . .<t11fd 

l'kHH rt:(llllJ lr::.\f{;C \fnrt~:"'t:"" luc. 

PIJ<'lHHI'!II Ctiofrnl ll<.:jd, 

71\i$ l\,<II·HI'xdi'l'ol,\ 

Pbn11 1 TX 7;:\01~ 

r,u;.Hsr3 

'! lw, ia..:!rUIJH'Ilt ww; dtnll-o! h)' Di;mr; i'dt!st:Jd, 

1\z:sldcn{tdl Fumlirq t 'umpauy, t.LC, On-: i\fcri;JJ::Hl 

SuHc totJ, \li:mearr.lli::, MN 5)4/.1, 

(~ \ ..... 

Page 9 of 11 

Exhibit C 

Page 9 of 11 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 34 of 47
Exhibit 1 

Page 35 of 47

Case 3:15-cv-01422-HZ Document 1-3 Filed 07/29/15 Page 10 of 11 

4.008-07 4677 

M-TDA Cnl"i Sill"10 fil!ZAL>t:TH 

$1(1 00$16 00 $10Jl0 

Clacl<mllaS Cuqnty Official Records 

Silen y Hall, County Clef k 2012-023399 

11111111\lll\llllllllllllllllllllllllllll !1111111 $

52

'

00 

01574444'201200?3:!890021ln29 041171201212:01:27 PM 

This DtiClllliC:nt Prepared Fly ~nd 

1\ tl<:rY<&.l!JJiiugJ'J.t::c.l~'c.f~<;\ll.i:u.Jg: 

M<;c MORTGA<~E. INC. 

;\lin: Alli>tHI IVhrlill. \1;mag·~r 

DclC\lliWilt Conuui 

71 <.J.' Daltas Parkway 

Plano. Texa<; 7502,1 

M·l OA Cnt•1 Stnob CONNIEEli\0 

$1000$1600$1600$'\0.00 

ASSIGNMENT OF DEED OF TROST 

Grantor: RESIDENTlAL FUNDlNC COMPANY, LLC 

One Meridian Crossings, Suite 100, Minneapolis, Minnesota 55423 

Grantee: LNV C'ORI'ORATION 

7195 Dallas l';lrkway, Plano, Texas 75024 

Properly Adtl1·css: 12125 Southeast Laughing Water Road, Sandy, OR 97055 

Legal Description: Pared l, Partition Plat No. 1999-041, in the County of Clackamas and 

State of Oregon. 

·12o_- l·fc\(.lldcd o+ ··I he r-![qu<i~:A· o~· wV Cov-pcwo.+ic~l 

·lo odd (~mr!ltt' ncuvtc d, addre~~ en ()r.tg 1 no ( 

~\::):)I gnn 1tc•n +. 

'!:?cJ vtnYslt~ '\2eccr(lf'd: 1ohs1 }o~ ps ci.rt·<tJ·. tJo. ~~m LU"' l/ 

l:lC 6195\3 

Exhibit C 

Page 10 of 11 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 35 of 47
Exhibit 1 

Page 36 of 47

Case 3:15-cv-01422-HZ Document 1-3 Filed 07/29/15 

(• 

l~l·( ( u.:n >:utllLn:. 

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Page 11 of 11 

Exhibit C 

Page 11 of 11 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 36 of 47
Exhibit 1 

Page 37 of 47

Case 3:15-cv~01422-H:Z: Document 1-4 Filed 07/29/15 Page 1 of 1 

After recording, return to: 

UN Corporation 

c/o 1'vlGC Mortgaqe, Inc. 

1\ttn: Juremy Cobb 

1'19:) Dal!as Parkway 

;:~:;:jr·J:). T)( ?5{)24 

t~i~_~f·~i~.r~·!·i~ .. ~~·;_~ ... J·T {)F .JUSTICE 

P(;R~l;\t{; tFC1~<.L. 

OREGON FORECLOSURE AVOIDANCE PROGRAM 

BENEFICIARY EXEMPTION AFFIDAVIT r· e~er/Beneficiary_~ :"V Co•po,.,o, ·---~-~~ 

.Jurisdiction· NevadA 1 . -------· -------····-1 'If Lender/Beneficiary is not a natllral person, provide the state or other jurisdiction in which the Lender/Benefl~iary •s orga!1ize•J. 

I, Q!P.DLtfamil!()n, VP, 991l~pif~IJ.Y.E!_~_{)J?§f()li9J:.~- . (printed name) being first duly ~woT .. dupo~e. and ::;tali': !hdt. 

Tilis affidavit is submitted for a ciaim of exempli~n to the Office of the Attorney Genera! of Oregon under OrAQcHi 

Laws 2013, cl1ap\er 304, §2(1 )(b}. 

7. The above named individuai or entity commenced or caused an affHiale or agent o! !he in:jividuaf 1;1 entity 

to commence lhe following number of actions to foreclose a residential trust deed by miv2rlisen18f'\ ::no 

sale under ORS 56.752 or by suit under ORS 28.010 during the calendar year precedinJ the datR of ihb 

afii::lavit: !-'--- [notw exceed 7 75/ 

2 F1e undersigned further cer!ifies that she/he ,~·.'i'DCk onfy one of !lie loh'OW!i)q DoXt' ;/ 

; is the inclivicl,Jai ciai1rin9 exemr..tbn front r::1uiremcnts establishe(~ under~~''' :..a•t:s ~nr:, ct1 J\A J' 

I.L...)ls tile .AL1ltJ.mtzecJ.\,.QJJ.tJ_$F,tJYLQ.eL ________ ~-------linsct! tit!<.~! of u-,c nntity ::aiming 

0xemption from requirements established under Or Laws 2013, ch 304, and is uut11crized by ~w.:tl ent:ty 

to execute this affidavit on its behalf. ...,..~-; ~W 

(-~·· ;:?ft ...... L--. (S;gr{aiu~;)"';.-~ -·-·------··--- ·······--····· 

Slate of }Qx..D.!ii ___ , __ ) J 

} ss. 

County of CollirL ______ ) .. ,/·? 

3igned and sworn to (or affirmed) before m~ this jJ.!J..__ day of Janv .#. / --~ , ~.~:.1!! _____ _ 

IJ Y .GHH!Uiamlltru1.. ViceJ?J:tlil,illlll!._Cfr!!!I'JJj,o!<.li.S._QngnHio.ns.. ~: >-: __ .Q.ctgQge.Jr.&....... ...... . 

'·, ------~;,g. ·~~-·r· .r··· ... ·;= -..,. --· ;:---····-· -· . . 'l'jo(51r.yJ>..utJifc for ·--~.Ll;(ij___J~e vo_), ............ . ··M·y cornrlissicn expires: I 1: --~ _]QJf._ .. ___ _ JACQUE LITTLEfiELD 

My commtsslon Exptre$ 

December 8, 2018 

Exhibit D 

Page 1 of 1 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 37 of 47
Exhibit 1 

Page 38 of 47

.IS 44 (Rov. 12/12) 

Case 3:15-cv-01422-HZ Document 1-5 Filed 07/29/15 

CIVIL COVER SHEET 

Page 1 of 1 

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Con terence orthc United States in September 1974, is required for the usc oft he Clerk of Court for the 

purpose of initiating the civil docket sheet. (Sf iF INSTRUC:7!UNS ON N/;XT I'AG!i 0/< JJJ/S FORM.) 

I. (a) PLAINTIFFS 

LNV Corporation 

(b) County of Residence of First Listed PlaintitT Collin Co. (Texas) 

(HXC!ii'T IN U.S. PLAINtiFF CASES) 

{C) Attorneys (Firm Name, Address, and Jdeplwne Number) 

Erick J. Haynie I Gabrielle D. Richards I Jeffrey M. Peterson 

DEFENDANTS 

Robynne A. Fauley, U.S. Bank National Association 

County of Residence of First Listed Deti:ndant _C=Ia"'c~k"'a""m=a~s"------­

(IN 1 I.S. l'LAIN7!H' CAS liS ONLY) 

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF 

TilE TRACT OF LAND INVOLVED. 

Attorneys (ff Known) 

Perkins Coie LLP I 1120 NW Couch, Tenth Floor 1 Portland, OR 97209 

II. BASIS OF JURISDICTION (!'lace an "X" inOneBoxOnl;~ Ill. CITIZENSHIP OF PRINCIPAL PARTIES(!'Iacean "X"iJJOneBoxtilrPiaintiff 

CJ I U.S. Government 

Plaintiff 

CJ 2 lJ .S. Government 

Defendant 

CJ 3 F cdcral Question 

({!.,')'. (iovernment Not a Party) 

l'll 4 Diversity 

(Indicate Citizenship nf1'arJies in Item l!l) 

IV NATURE OF SlJIT (!'lace an "X" in One Bm Onlv) 

CONTRACT TORTS 

CJ I I 0 Insurance PERSONAL INJURY PERSONAL INJURY 

CJ 120 Marine CJ 310 Airplane CJ 365 Personal Jnjmy ~ 

CJ 130 Miller Act CJ 315 Airplane Product Product Liability 

CJ I 40 Negotiable Instrument Liability CJ 367 Health Care/ 

CJ I 50 Recovery of Overpayment CJ 320 Assault, Libel & Phammccu{ical 

& Enforcement of Judgment Slander J>ersonallnjm)' 

(J !51 Medicare Act (J 330 Federal Employers' Product Liability 

CJ I 52 Recovery of Defaulted Liability CJ 368 Asbestos Personal 

Student Loans CJ 340 Marine lnjmy Product 

(Excludes Veterans) (J 345 Marine Product Liability 

(J 15 3 Recovery of Overpayment Liability PERSONAL PROPERTY 

ofVcteran's Benefits CJ 350 Motor Vehicle CJ 370 Other Fraud 

CJ 160 Stockholders' Suits CJ 355 Motor Vehicle CJ 371 Truth in Lending 

CJ 190 Other Contract Product Liability CJ 380 Other Personal 

CJ I 95 Contract Product Liability CJ 360 Other Personal Property Damage 

CJ 196 Franchise Injury CJ 385 Proper1y Damage 

iJ 362 Personal Injury - Product Liability 

Medical Malpractice 

REAL l'ROi'ERTY CIVIL RIGHTS PRISONER t••:TITIONS 

CJ 21 0 Land Condemnation CJ 440 Other Civil Rights IJabeas Corpus: 

1'<1 220 Foreclosure (J 44 I Voting CJ 463 Alien Detainee 

CJ 230 Rent Lease & Ejectment [J 442 Employment [J 5 I 0 Motions to Vacate 

i:J 240 Torts to Land L:J 443 Housing:/ Sentence 

i:J 245 Tort Product Liability Accommodations t:J 530 General 

CJ 290 All Other Real Property CJ 445 Amer. w/Disabilities- t:J 535 Death Penalty 

Employment Othet·: 

CJ 446 Amer. w!Disabilities- i:J 540 Mandamus & Other 

Other (J 550 Civil Rights 

CJ 448 Education n 55 5 Prison Condition 

(J 560 Civil DetaineeConditions of 

Confinen1ent 

V. ORIGIN (!'lan· aJJ "X" in One Jiox Only) 

(l·i>r f)h•ersltl' ( 'ases On!vJ 

I'TF 

am lOne !Joxj;Jr f)ejtmlanl) 

PTF DEF 

Citizen of This State CJ I 

DEF 

1!!1 I Incorporated or Principal Place 0 4 0 4 

Citizen of Another State 

Citizen or Subject of a 

FORFEITURE/PENALTY 

CJ 625 Drug: Rdated Seizure 

of Propcr1y 2 I USC 881 

CJ 6'10 Other 

LABOR 

0 710 Fair Labor Standards 

Act 

CJ 720 Labor/Management 

Relations 

CJ 740 Railway Labor Act 

(J 751 Family and Medical 

Leave Act 

(J 790 Other Labor Litigation 

CJ 79 I Employee Retirement 

Income Security Act 

IMMIGRATION 

of Business In This State 

(J 2 [J 2 Incorporated and Principal Place 

of Business In Another State 

1'1 5 CJ 5 

CJ 3 0 3 Foreign Nation (J 6 (J 6 

BANKRUPTCY OTHER STATUTES 

0 422 Appeal 28 USC !58 0 375 False Claims Act 

CJ 423 Withdrawal CJ 400 State Rcapp01iionment 

28 usc !57 CJ 410 Antitrust 

CJ 430 Banks and Banking 

PROPERTY RIGHTS CJ 450 Commerce 

CJ gzo Copyrights CJ 460 Deportation 

CJ 830 Patent [J 470 Racketeer Influenced and 

CJ 840 Trademark Corrupt Organizations 

CJ 480 Consumer Credit 

SOCIAL SECURITY CJ 490 Cable/Sat TV 

CJ 861 IliA (I 395ft) CJ 850 Securities/Commodities/ 

CJ 862 Black Lung (923) Exchange 

CJ 863 DIWCIDIWW (4051g)) CJ 890 Other Statutory Actions 

CJ 864 SSID Title XVI CJ 89 I Agricultural Acts 

CJ 865 RSI ( 405(g)) CJ 893 Enviromnental ~-1attcrs 

CJ 895 Freedom of Infonnation 

Act 

(J 896 Arbitration 

FEDERAL TAX SUITS (J 899 Administrative Procedure 

CJ 870 Taxes (U.S. Plaintiff Act/Review or Appeal of 

or Defendant) Agency Decision 

iJ 871 IRS-Third Party (J 950 Constitutionality of 

26 usc 7609 State Statutes 

CJ 462 Naturalization Application 

0 465 Other Immigration 

Actions 

)!?! 1 Original 0 2 Removed from 

Proceeding State Court 

0 3 Remanded from 

Appellate Court 

0 4 Reinstated or Reopened 0 5 Transferred from 

Another District 

(1peciM 

0 6 Multidistrict 

Litigation 

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes 1111/ess diversity): 

~2~s~u~.s~·~c~·~1~33~2~---------------------------------------------------------­ VI. CAUSE OF ACTION Brief description of cause: 

VII. REQUESTED IN 

COMPLAINT: 

VIII. RELATED CASE(S) 

IF ANY 

DATE 

07/29/2015 

FOR OFFICE liSE ONLY 

Judicial Foreclosure/Diversity 

0 CHECK IF THIS IS A CLASS ACTION 

UNDER RULE 23, F.RCv P 

(,)'ee inst1:uctions): 

.JUDGE 

DEMAND$ 

443,101.54 

SIGNATURE OF ATTORNEY OF RECORD 

s/Erick J. Haynie 

RECEIPT# AMOUNT APPLYING IFP 

CHECK YES only if demanded in complaint: 

.JlJRY DEMAND: n Yes 0 No 

DOCKET NUMBER 

JUDGE MAG.JUIXlE 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 38 of 47
Exhibit 1 

Page 39 of 47

Case 3:15-cv-01422-HZ Document 3 Filed 07/30/15 Page 1 of 7 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

LNV CORPORATION 

Plaintiff(s), 

v. 

ROBYNNE A. FAULEY, et al. 

Defendant(s). 

Case No.: 3:15-cv-01422-HZ 

I 

Civil Case Assignment Order 

1. Presiding Judge: The above referenced case has been filed in the Portland Division of the U.S. 

District Court for the District of Oregon and assigned to: 

Presiding Judge ....•................. Hon. Marco A. Hernandez 

Presiding Judge's Suffix Code* .........•.•...•..........•.. HZ 

*These letters must follow the case number on all future filings. 

2. Courtroom Deputy Clerk: Questions about the status or scheduling of this case should be 

directed to: 

Michelle Rawson 

Telephone: 503-326-8051 

Email: michelle rawson@ord.uscourts.goy 

3. Case Administrator/Docket Clerk: Questions about filings or docket entries in this case 

should be directed to: 

Telephone: 503-326-8050 

4. Place of Filing: Any paper filings must be submitted to the Clerk of Court, Mark 0. Hatfield 

U.S. Courthouse, 1000 S.W. Third Ave., Portland, OR, 97204. (See LR 3-1, LR 5-5.) 

5. District Court Website: Information about local rules of practice, CM/ECF electronic filing 

requirements, responsibility to redact personal identifiers from filings, and other related information 

can be found on the Court's website at ord,uscourts goy. 

6. Consent to a Magistrate Judge: In accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, 

all United States Magistrate Judges in the District of Oregon are certified to exercise civil jurisdiction 

in assigned cases and, with the consent of the parties, enter final orders on dispositive motions, 

conduct trial, and enter final judgment, which may be appealed directly to the Ninth Circuit Court of 

Appeals. 

Parties are encouraged to consent to the jurisdiction of a Magistrate Judge by signing and filing 

the (attached) Consent to Jurisdiction by a United States Magistrate Judge and Designation of the 

Normal Appeal Route. (See LR 5-5( c).) There will be no adverse consequences if a party elects not to 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 39 of 47
Exhibit 1 

Page 40 of 47

Case 3:15-cv-01422-HZ Document 3 Filed 07/30/15 Page 2 of 7 

consent to a Magistrate Judge. A Magistrate Judge, however, may be able to resolve a case earlier as 

they are primarily assigned only to civil cases. 

Additional information about United States Magistrate Judges in the District of Oregon~ 

available on the Court's website. 

DATED: July 30,2015 MARY L. MORAN 

Clerk of Court 

by: /s/ 0 St Gennain 

D. St. Germain, Deputy Clerk 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 40 of 47
Exhibit 1 

Page 41 of 47

Case 3:15-cv-01422-HZ Document 3 Filed 07/30/15 Page 3 of 7 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

LNV CORPORATION 

Plaintiff(s), 

Case No.: 3:15-cv-01422-HZ 

v. 

ROBYNNE A. FAULEY, et al. 

Defendant( s ). 

I 

Discovery and Pretrial Scheduling Order 

To facilitate discovery and the effective management of this case, the Court orders that: 

1. Discovery and Pretrial Deadlines: Unless otherwise ordered by the Court, the parties shall, 

a. within 120 days ofthis Order: 

i. File all pleadings pursuant to Fed. R. Civ. P. 7(a) and 15; 

ii. Join all claims, remedies, and parties pursuant to Fed. R. Civ. P. 18 and 19; 

iii. File all pretrial, discovery, and dispositive motions; 

iv. Complete all discovery; and 

v. Confer as to Alternate Dispute Resolution pursuant to LR 16-4(c). 

b. within 150 days of this Order: 

i. File a Joint ADR Report pursuant to LR 16-4(d); and 

ii. File a Proposed Pretrial Order pursuant to LR 16-5. 

2. Corporate Disclosure Statement: In accordance with Fed. R. Civ. P. 7.1 and LR 7.1-1, any 

non-governmental corporate party must file a corporate disclosure statement concurrently with its 

first appearance (See also LR 83-9). 

3. Initial Conference of Counsel for Discovery Planning: 

a. Except in cases exempted under Fed. R. Civ. P. 26(a)(l)(B), upon learning the identity of 

counsel for Defendant(s), counsel for the Plaintiff(s) must initiate communications with counsel for 

Defendant(s). 

b. All counsel must then confer as required by Fed. R. Civ. P. 26(f) within thirty (30) days 

after a defendant files a repsonsive pleading or a motion under Fed. R. Civ. P. 12. (See LR 26-1.) 

c. Counsel should also discuss their client's positions regarding: 

i. Consent to a Magistrate Judge; and 

ii. Alternate Dispute Resolution options. ADR options include judicial settlement 

conferences or Court-sponsored mediation with highly qualified lawyer-mediators. Court-sponsored 

mediators agree to conduct mediation without cost to the Court or parties for four (4) hours, exclusive 

of preparation and travel time to and from the agreed location for mediation. Parties are encouraged to 

visit the Court's website for additional ADR information, including mediator biographies, 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 41 of 47
Exhibit 1 

Page 42 of 47

Case 3:15-cv-01422-HZ Document 3 Filed 07/30/15 Page 4 of 7 

subject-matter expertise, and contact information. 

d. If counsel for all of the parties agree to forgo the initial disclosures required by Fed. R. 

Civ. P. 26(a)(1), they shall file with the Court the Fed. R. Civ. P. 26(a) Discovery Agreement form 

issued with this order (See LR 26-2). Whether or not the parties agree to forgo the initial disclosures, 

they may seek discovery once the initial conference of counsel for discovery planning contemplated 

by Fed. R. Civ. P. 26(t) has occurred. (See LR 26-1.) 

4. Rule 16 Court Conference for Scheduling and Planning: Counsel for Plaintiff(s) and for 

Defendant( s) must, during or promptly after the conference of counsel referred to in section 3 above, 

contact the assigned judge's courtroom deputy clerk to schedule a Rule 16 Conference for scheduling 

and planning. (See LR 16-2.) 

At the Rule 16 Conference, the parties must be prepared to discuss discovery, whether there is consent 

to a Magistrate Judge, and any scheduling or other issues, including any requested modifications to 

the initial scheduling order set forth in section 1 above, and possible submission of trial exhibits 

electronically (See LR 5-6(b)). 

5. Service of this Order: Counsel for the Plaintiff (the "filing party") must serve this order and all 

attachments upon all other parties to the action. (In cases removed to this Court, the removing 

defendant is considered the "filing party.") (See LR 3-5.) A prose filing party is required to serve this 

order and all attachments upon all other parties to the action. 

DATED: July 30,2015 MARY L. MORAN 

Clerk of Court 

by: Is! D St Germain 

D. St. Germain, Deputy Clerk 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 42 of 47
Exhibit 1 

Page 43 of 47

Case 3:15-cv-01422-HZ Document 3 Filed 07/30/15 Page 5 of 7 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

LNV CORPORATION 

Plaintiff(s), 

Case No.: 3:15-cv-01422-HZ 

v. 

ROBYNNE A. FAULEY, et al. 

Defendant(s). 

I 

Fed. R. Ciy. P. 26(a)(l> Discoyery Agreement 

Pursuant to LR 26-2, I state that the parties who have been served and who are not in default 

have agreed to forgo the disclosures required by Fed. R. Civ. P. 26(a)(l). 

DATED: ------------

Signature: -------------------

Name and OSB ID: -------------------

E-mail Address: -------------------

Firm Name: -------------------

Mailing Address: -------------------

City, State, Zip: -------------------

Parties Represented: -------------------

cc: Counsel of Record 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 43 of 47
Exhibit 1 

Page 44 of 47

Case 3:15-cv-01422-HZ Document 3 Filed 07/30/15 Page 6 of 7 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

LNV CORPORATION 

Plaintiff(s), 

Case No.: 3:15-cv-01422-HZ 

v. 

ROBYNNE A. FAULEY, et al. 

Defendant( s ). 

I 

Consent to Jurisdiction by a Ma2istrate Jud2e 

and Desi2nation of the Normal Appeal Route 

Pursuant to Fed. R. Civ. P 73(b), as counsel for the party (parties) identified below, I consent to 

have a United States Magistrate Judge conduct any and all proceedings in this case, including entry of 

orders on dispositive motions, trial, and entry of final judgment. I understand that withholding consent 

will not result in any adverse consequences. Pursuant to Fed. R. Civ. P. 73(c), I agree that an appeal 

from a judgment entered at a Magistrate Judge's direction may be taken to the court of appeals as 

would any other appeal from a district court judgment. 

DATED: ------------

Signature: ---------------------------------------

NameandOSBID: --------------------------------------

E-mail Address: -----------------------------------

Firm Name: -------------------------------

Mailing Address: 

City, State, Zip: 

Parties Represented: 

cc: Counsel of Record 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 44 of 47
Exhibit 1 

Page 45 of 47

Case 3:15-cv-01422-HZ Document 3 Filed 07/30/15 Page 7 of 7 

U.S. District Court - Oregon 

Civil Case Management Time Schedules 

Local Rule Event or Requirement Time Frame Comment 

Discovery and Pretrial Issued by the Clerk's Office at Required to be served on all 

LR 16-l(d) Scheduling Order (with new civil case initiation, along parties by the filing party (See 

attachments) with the summonses LR 3-5) 

Initial Conference for Within 30 days of a defendant 

LR 26-1 Discovery Planning filing a responsive pleading or a Held between the parties 

motion under Fed. R. Civ. P. 12 

Scheduled by the assigned Affirmative duty on all 

LR 16-2 Rule 16 Conference judge after the required LR counsel to contact the 

26-1 initial discovery planning assigned judge's courtroom 

conference deputy (See LR 16-2(a)) 

Within 120 days from the date Parties must confer with other 

LR 16-4(c) ADR Conference the Discovery and Pretrial attorneys and unrepresented 

Requirements Scheduling Order is issued parties to discuss ADR 

options 

Within 120 days from the date Required in cases assigned to Joint Status Report the Discovery and Pretrial 

Scheduling Order is issued Judge Jones 

Unless otherwise ordered by the Discovery deadlines are set Court, within 120 days from the LR 16-2(e) Completion of Discovery date the Discovery and Pretrial forth in the Discovery and 

Scheduling Order is issued Pretrial Scheduling Order 

Within 150 days from the date The parties must file a Joint LR 16-4(d) Joint AD R Report the Discovery and Pretrial 

Scheduling Order is issued ADRReport 

Unless otherwise modified The Joint Proposed Pretrial pursuant to LR 16-5(a), within 

LR 16-5 Joint Proposed Pretrial Order 150 days from the date the Order filing deadline is 

Discovery and Pretrial established in the Discovery 

Scheduling Order is issued and Pretrial Scheduling Order 

Notice to the Court that the Within fourteen (14) days after Plaintiffs attorney (or the pro 

LR Parties Are Unable to Select a entry of a court order referring a 

se plaintiff) is responsible for 

16-4(f)(2)(B) Court-sponsored Mediator 

case for Court-sponsored notifying the assigned judge 

from the Court's list of mediation who will then designate a 

mediators mediator 

Notification of Private ADR Not later than seven (7) days Plaintiffs attorney (or the pro 

LR 16-4(h)(1) Results after the conclusion of private se plaintiff) is responsible for 

ADR proceedings notifying the court 

Not later than seven (7) days Court-sponsored mediator is 

LR 16-4(h)(2) Report of Court-sponsored following the conclusion of the responsible for notifying the Mediator mediation if no settlement is 

achieved court 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 45 of 47
Exhibit 1 

Page 46 of 47

Duque, Michelle (Perkins Coie) 

From: 

Sent: 

To: 

Subject: 

Federal Court 

Thursday, July 30, 2015 10:32 AM 

nobody@ord.uscourts.gov 

Activity in Case 3:15-cv-01422-HZ LNV Corporation v. Fauley et al Discovery order 

This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to 

this e-mail because the mail box is unattended. 

***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits 

attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of 

all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees 

apply to all other users. To avoid later charges, download a copy of each document during this first 

viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not 

apply. 

U.S. District Court 

District of Oregon 

Notice of Electronic Filing 

The following transaction was entered on 7/30/2015 at 10:32 AM PDT and filed on 7/30/2015 

Case Name: LNV Corporation v. Fauley et al 

Case Number: 3:15-cv-01422-HZ 

Filer: 

Document Number:} 

Docket Text: 

Notice of Case Assignment to Judge Marco A. Hernandez and Discovery and Pretrial 

Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents 

issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 

3-5. Discovery is to be completed by 11/27/2015. Joint Alternate Dispute Resolution Report is 

due by 12/28/2015. Pretrial Order is due by 12/28/2015. Ordered by Judge Marco A. Hernandez. 

(dsg) 

3:15-cv-01422-HZ Notice has been electronically mailed to: 

Jeffrey M. Peterson docketpor@perkinscoie.com, jeffreypeterson@perkinscoie.com, 

adargis@perkinscoie.com 

Gabrielle D. Richards docketpor@perkinscoie.com, dknebel@perkinscoie.com, grichards@perkinscoie.com 

Erick J. Haynie mduque@perkinscoie.com, docketpor@perkinscoie.com, ehaynie@perkinscoie.com, 

danderson@perkinscoie.com 

3:15-cv-01422-HZ Notice will not be electronically mailed to: 

1 

Case 3:15-cv-01422-HZ Document 8-1 Filed 08/13/15 Page 46 of 47
Exhibit 1 

Page 47 of 47

2