Case 1:13-cv-02715-REB-MJW Document 35-3 Filed 12/17/13 USDC Colorado Page 1 of 74 DISTRICT COURT, COUNTY OF JEFFERSON, COLORADO Court Address: 100 Jefferson County Pkwy Golden, CO 80401 Plaintiff: ASSOCIATION Defendants: CHAPMAN, as Public Trustee of Jefferson County, Colorado JP MORGAN CHASE BANK, NATIONAL LANCE R. CASSINO;COMMUNITY MORTGAGE GROUP, INC; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. and MARGARET T. FILED Document Lagaigenraner 201 GHP PM Filing 1s 48445679 Review Clerks Roxanna M C ACOURT USE ONLY _ Case No; Hevd858 Div: 7 Ctrm: 44, ‘Attomey for Plaintif Name: Karsh Fulton Gabler Joseph PC Fred Gabler Alan E. Karsh ‘Address: 950 So. Cherry St.. Suite 710 Denver, Colorado 80246-2665 Phone #: 303.759.9669 E-mail: [gabler@karshfulton.com ‘akarsh@karshfulton.com ‘Auty Reg. #: 8978 Any Reg. #: 1620 L AFFIDAVIT OF LOST INSTRUMENT STATE OF LOUISIANA ) ) COUNTY OF OUACHITA ) oe undersigned, Serna Lee, being first duly swom upon oath, deposes and states as follows: 1. Lamover eighteen years of age. Lam aan View President of JPMorgan Chase Bank, National Association. ("Chase"), [ have access to the business records of Chase and JPMorganCase 1:13-cv-02715-REB-MJW Document 35-3 Filed 12/17/13 USDC Colorado Page 2 of 74 ‘Chase Custody Services, Inc.,a subsidiary of Chase, concerning the loan, I make this affidavit based upon my review of the records. 2. Thave access to certain of Chase's records, including Chase's records relating to a Joan (the “Loan”) made to Lance R. Cassino (the “Borrower") on or around September 26, 2005. ‘The Loan records for the Borrower, including records indicating the payments made by the Borrower, are maintained by Chase in the course ofits regularly conducted business activities land are made at or near the time of the occurrence of the events which they reflect, by or from information transmitted by a person with knowledge. It is the regular practice of Chase to keep such records in the ordinary course of a regularly conducted business activity, 3. Inconnection with the Loan, the Borrower executed in favor of Community Mortgage Group, Inc. ("Community Mortgage”) a Note (the “Note”), dated September 26, 2005, in the original principal amount of $200,000. A copy of the Note is attached hereto as Exhibit A 4. Inconnection with the Loan and the Note, the Borrower executed a Deed of Trust (the “Deed of Trust”), dated September 26, 2005, encumbering the real property commonly known as 13883 South Wamblee Valley Road, Conifer. Colorado 80433. A copy of the Deed of “Trust is attached hereto as Exhibit B. The Deed of Trust was recorded with the Office of the Clerk and Recorder for Jefferson County, Cotorado (the “Recorder") on October 6, 2005 as Reception Number 2005094330. 5. The Note was transferred to Washington Mutual Bank. FA ("WaMu") via endorsement. 6 WaMu was placed into the receivership of the Federal Deposit Insurance Corporation (the “FDIC") on September 25, 2008, Chase acquired certain assets, including the Note, from the FDIC pursuant to that certain Purchase and Assumption Agreement Whole Bank ‘Among Federal Deposit Insurance Corporation, Receiver of Washington Mutual Bank, Henderson, Nevada, Federal Deposit Insurance Corporation and JPMorgan Chase Bank, National Association dated as of September 25. 2008 (the “P&A Agreement”). A copy of the PA&A Agreement is attached hereto as Exhibit C. Further, a copy of the Affidavit of the Federal Deposit Insurance Corporation relating to the same is attached hereto as Exhibit D. 7. To further evidence the transter of the Note and collateral documents described above to Chase, Mortgage Electronic Registration Systems, Inc., as nominee for Community Mortgage and its successors and assigns, executed a Corporate Assignment of Deed of Trust dated September 21. 2011 (the “Assignment”). A copy of the Assignment is attached hereto as Exhibit E, The Assignment was recorded with the Recorder on September 28, 2011 as Reception Number 2011087676. 8. Chase is the servicer of the Loan and custodian of the Note and collateral documents described above.Case 1:13-cv-02715-REB-MJW Document 35-3 Filed 12/17/13 USDC Colorado Page 3 of 74 9. Pursuant to C.R.E, 1004 and C.RS. § 13-25-113, Alfiant states that she has personal knowledge that the original Note has been lost, and that the substance of the Note is set forth in the copy of the Note attached to this Affidavit as Exhibit A. 10. Chase's regular business practice is to store notes secured by mortgages and deeds of trust in collateral files maintained by Chase's agent, JPMorgan Chase Custody Services, Inc., ina secure vault facility in Monroe, Louisiana. After a thorough and diligent manual search of the hard copy collateral file pertaining to this Loan and the credit file maintained by Chase, the original Note was not located. 11. The loss of possession is not the result ofthe original Note being canceled or transferred to another party. 12. Chase is the holder of the Note and Deed of Trust, and is entitled to enforce the terms thereof, Chase has not transferred or assigned any of the rights under the Note and Deed of Trust. 13. Defendant Lance Cassino has made monthly payments of principal and interest on the Note to Chase until the time of his default and feilure to make said payments. A copy of the payment history on the Note is attached hereto as Exhibit F and made a part hereof. FURTHER APFIANT SAYETH NOUGHT. DATED this 13th day of December, 2012. Vice President JPMorgan Chase Bank, National Association Subscribed and swom to before me this 13th day of December, 2012, by Serina Lee, Lint. Leh fpr Noiary Public Lit page? State of Louisiana My Commission Expires: Lifetime i OR 4 ay) Personally known Produced identification Te . Type of identification produc