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LINDA TIRELLI OF COUNSEL TO DAVID BRODMAN ESQ. COUNSEL FOR DEBTOR ONE NORTH LEXINGTON AVENUE, 11TH FLOOR WHITE PLAINS, NEW YORK 10601 PH(914) 946-0860

IN THE UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK MANHATTAN DIVISION --------------------------------------------------------X IN THE MATTER OF CHAPTER 13 MS. TANDALA MIMS CASE #10-14030(mg) DEBTOR --------------------------------------------------------X
DEBTOR’S REQUEST FOR INSPECTION AND FORENSIC TESTING OF ORIGINAL DOCUMENTS TO: Wells Fargo Bank, NA and Nicole E. Schiavo, Esq. c/o Hogan Lovells, LLP it’s counsel of record

Pursuant to Rule 34 of Federal Rules of Civil Procedure which is made applicable to this proceeding by Rule 7034 of the Federal Rules of Bankruptcy Procedure, (“Rules”) Tandal Mims, (“debtor” or “Mims”), by and through her attorney, Linda M. Tirelli, hereby demands that Wells Fargo Bank, N.A. (“Wells Fargo” or “Defendant”) within ten (10) days after service, produce the following documents for inspection and forensic testing and otherwise respond to the following requests: INSTRUCTIONS 1. You are hereby required to answer each request separately and fully in writing, under oath in accordance with the Rules. 2. If you fail to respond in a timely fashion, you waive any objection to the requests and the debtor may seek from the Court an appropriate sanction pursuant to Rule 7037. 3. Any objection to a request or part of a request mus clearly state the specific grounds for the objection. DEFINITIONS For purposes of responding to this production request, the following definitions shall apply:

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1. “Debtor” means Tandala Mims. 2. “Wells Fargo Bank, NA” means Wells Fargo Bank, N.A. and its parent company, employees, agents, attorneys, accountants, representatives, associates, predecessors, successors, assigns, affiliates, subsidiaries or entities acting on its behalf or under its control. 3. “Petition Date” means July 27, 2010. 4. “Proof of Claim” means that certain Proof of Claim dated June 2, 2011and filed by Wells Fargo Bank, NA with the ECF filing system reflected as claim number 6-1 and as amended on or about September 9, 2011, reflected as claim number 6-2, in the bankruptcy case captioned: In re Tandala Mims, Case #10-14030(mg), pending in the United States Bankruptcy Court for the Southern District of New York; 5. “Debtor’s MORTGAGE” refers to the MORTGAGE which forms the basis for the claims asserted in the Proof of Claim. 6. “Promissory Note” or “Note” refers to the debtor’s obligation to repay the loan which forms the basis for the claim asserted in the proof of claim. 7. “Document” or “Documents” means and its intended to have the broadest possible meaning and includes, without limitations, any writings, electronic transmissions, email, drawings, graphs, charts, photographs, recorded, digitally encoded, graphic, and/or other data compilations from which information can be obtained, translated if necessary through detection devices into reasonably usable form, or other information, including originals, copies (if the original is no longer available), translations and drafts thereof and all copies bearing notations and marks not found on the original. The term “Document” or “Documents” includes without limitation, account statements, affidavits, analyses, appraisals, confirmations, contracts, correspondence, communications, deeds of trust, diskettes, drafts, estimates, evaluations, filings, financial statements, forms, journals, ledgers, letters, lists, memoranda, minutes, notations, notes, opinions, orders, pamphlets, papers, employees’ review checklists, permanent files, pictures, press releases, projections, prospectuses, publications, receipts, recordings of conferences, conversations or meetings, reports, statements, statistical records, studies, summaries, tabulations, telegrams, telephone records, telex messages, transcripts, understandings, videotapes, vouchers, work papers, copies of records and documents, and sheet or things

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similar to any of the foregoing however denominated. The term “Document” or “Documents” further means any document now or at any time in the possession, custody, or control of the entity to whom this document request is directed (together with any predecessors, successors, affiliates, subsidiaries or divisions thereof, and their officers, directors, employees, agents and attorney(s). Without limiting the term “control” as used in the preceding sentence, a person is deemed to be in control of a document if the person has a right to secure the document or a copy thereof. 8. “And” and “or” as used herein are terms of inclusion and not of exclusion and shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the request for production of documents any document or information that might otherwise be construed to be outside its scope. 9. “Any” means one or more. 10. “Describe,” “discuss,” “analyze,” describing,” “discussion,” or “analyzing,” mean any document that, in whole or in part, characterizes, delineates, explicates, deliberates, evaluates, appraises, assesses or provides a general explanation of the specified subject. 11. “Person” means any natural person, corporation, partnership, company, sole proprietorship, association, institute, joint venture, firm, governmental body, or other legal entity, whether privately or publicly owned or controlled, for profit or not-forprofit, or partially or fully government owned or controlled. 12. “Relate to” and “relating to” mean to make a statement about, refer to, discuss, describe, reflect, contain, comprise, identify, or in any way to pertain to, in whole or in part, or otherwise to be used, considered, or reviewed in any way in connection with, the specified subject. Thus, documents that “relate to” a subject also include those which were specifically rejected and those which were not relief or acted upon. 13. The singular form of a noun or pronoun shall be considered to include within its meaning the plural form of the noun or pronoun, and vice versa. The masculine form of a noun or pronoun shall be considered to include within its meaning the feminine form of the noun or pronoun, and vice versa. 14. Regardless of the tense employed, all verbs shall be read as applying to the past, present and future as is necessary to make any paragraph more, rather than less, inclusive. 15. “Year” means calendar year.

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REQUESTS 1. Produce the original collateral file and/or legal file and/or investor file and/or mortgage file referring or relating to the debtor’s Note and/or Mortgage as defined hereinabove for inspection and forensic testing. 2. Produce any original Note referring or relating to the debtor in your custody and control for inspection and forensic testing. 3. Produce any original Mortgage referring or relating to the debtor in your custody and control for inspection and forensic testing. 4. Produce any original Assignment of Mortgage or Mortgage Assignment referring or relating to the debtor in your custody and control for inspection and forensic testing.

PLEASE TAKE NOTICE that a copy of the answers to the above-listed requests for inspection and forensic testing must be served upon the undersigned in accordance with Rule 36 of the Federal Rules of Civil Procedure and Federal Rule of Bankruptcy Procedure 7036.

Dated: White Plains, New York December 12, 2011
/S/ Linda M. Tirelli Linda M. Tirelli, Esq. Law Offices of Linda M. Tirelli Counsel for Debtor

One North Lexington Avenue, 11th Floor
White Plains, NY 10601 Phone (914)946-0860 / Fax (914)946-0870

CERTIFICATE OF SERVICE Linda M. Tirelli, attorney for the debtor, hereby certifies to the Court as follows: 1. 2. I am not a party for the foregoing proceeding; I am not less than 18 years of age;

I have this day served a copy of the foregoing “Debtor’s Request For Inspection And Forensic Testing Of Original Documents” on all parties in interest by placing the same in an 3.

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envelope, first-class mail, postage prepaid, addressed to each person at his dwelling house or usual place of abode or to the place where he regularly conducts his business or profession as follows:
TO: Mr. John Stumpf, President and CEO Wells Fargo & Company 420 Montgomery St. San Francisco, CA 94163 Nicole E. Schiavo, Esq. Hogan Lovells US, LLP 875 Third Avenue New York, NY 10022 Ms. Tandala Mims 1167 Grenada Place Bronx, NY 10466 United States Department of Justice Office of the United States Trustee Southern District of New York Attn: Greg Zipes, Esq. and Andy Velez-Rivera, Esq. 33 Whitehall Street, 21st Floor New York, NY 10004 Jeffrey L. Sapir, Esq. Chapter 13 Trustee 399 Knollwood Road, Suite 102 White Plains, NY 10603

4. To the best of my knowledge, information and belief, the parties in interest are not infants or incompetent persons; 5. Service as outlined herein was made within the United States of America.

This the 12th day of December, 2011. /S/ Linda M. Tirelli Linda M. Tirelli, Esq. Law Offices of Linda M. Tirelli Counsel for Debtor

One North Lexington Avenue, 11th Floor
White Plains, NY 10601 Phone (914)946-0860 / Fax (914)946-0870

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