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LAW OFFICE OF BARRY S. FAGAN BARRY S. FAGAN CBN 160104 PO BOX 1213 MALIBU, CA 90265 TELEPHONE: (310) 717-1790 FASCIMILE: (310) 456-6447 EMAIL: PENDINGLAWSUIT@YAHOO.COM Attorney for Debtor, B

UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA RIVERSIDE DIVISION

In re

) ) B ) ) ) ) B, an Individual. ) ) Plaintiff, ) ) -vs.) ) DEUTSCHE BANK NATIONAL TRUST ) COMPANY, AS TRUSTEE OF THE ) RESIDENTIAL ASSET ) SECURITIZATION TRUST 2007-A5, ) MORTGAGE PASS) THROUGH CERTIFICATES, SERIES ) 2007-E, UNDER THE POOLING AND ) SERVICING AGREEMENT DATED ) March 1, 2007, ITS ASSIGNS AND/OR ) SUCCESSORS IN INTEREST; and all ) persons claiming by, through, or ) under such person, all persons ) unknown, claiming any legal or ) equitable right, title, estate, lien, or ) interest in the property described in ) the complaint adverse to Plaintiff's ) title thereto; and DOES 1-150, ) Inclusive; ) ) Defendants. ) // // //

CASE NO. 6:10-BK-TD ADVERSARY PROCEEDING

ADV. NO.: ________________________

PLAINTIFF REQUEST FOR JUDICIAL NOTICE NUMBER 2. DECLARATION OF BARRY S. FAGAN

PLAINTIFF REQUEST FOR JUDICIAL NOTICE NO. 2

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Pursuant to Federal Rules of Evidence, Rule 201 (b), hereby request that the Court take judicial notice of the following: Exhibit A: Certified copy of Official Record from Riverside County Recorder. The Purchaser

Grant Deed recorded in the official records of the Riverside County Recorder's Office on November 1, 2006 as Document No. reflecting a conveyance of the real property at issue in the instant case to B. Exhibit B: Certified copy of Official Record from Riverside County Recorder. The Deed of

Trust recorded in the official records of the Riverside County Recorder's Office on November 1, 2006 as Document No. reflecting a loan in the amount of $841,350.00 to B and a corresponding security interest in the real property at issue in the instant case. Exhibit C: Certified copy of Official Record from Riverside County Recorder. Notice of

Default recorded in the official records of the Riverside County Recorder's Office on July 1, 2009 as Document No. executed by NDEX West, LLC as agent of the Beneficiary Mortgage

Electronic Registration Systems (MERS), and pertaining to the real property at issue in the instant case. Exhibit D: Certified copy of Official Record from Riverside County Recorder. Assignment of

Deed of Trust recorded in the official records of the Riverside County Recorder's Office on August 2, 2009 as Document No. 2009, reflecting an assignment of the Deed of Trust referenced above at paragraph 2, as B, Trustor. Exhibit E: Certified copy of Official Record from Riverside County Recorder. Substitution of

Trustee recorded in the official records of the Riverside County Recorder's Office on October 30, 2009 as Document No. 2009-, reflecting a substitution of trustee under the Deed of Trust referenced above at paragraph 2. Exhibit F: Unrecorded Assignment of Deed of Trust signed on September 2, 2010 purportedly

recorded in the official records of the Riverside County Recorder's Office, reflecting an assignment of the Deed of Trust referenced above at paragraph 2, as B, a Single Man. Such Document was submitted under “Declaration”, filed in [Docket] and [Docket] of this Bankruptcy Case.

PLAINTIFF REQUEST FOR JUDICIAL NOTICE NO. 2

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Federal Rules of Evidence, Rule 201 provides for judicial notice of various matters, including "official acts" of governmental departments, as well as "facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy". The above-referenced documents from the Riverside County Recorder's Office are official public records, and thus subject to judicial notice. Moreover, by providing authenticated copies of the above-referenced documents, this Request for Judicial Notice provides sufficient information to enable the Court to take judicial notice thereof. Accordingly, Plaintiff respectfully requests that the Court take judicial notice of the above-referenced documents. Dated: By: ____________________________ Barry S. Fagan, Esq. Attorney for Debtor Plaintiff

PLAINTIFF REQUEST FOR JUDICIAL NOTICE NO. 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF BARRY S. FAGAN, ESQ I, BARRY FAGAN, declare as follows: 1. I am duly admitted to practice before this Court and an attorney for Plaintiff B in

the above-referenced action. I have personal knowledge of the facts stated herein, and if called as a witness, I could and would testify competently thereto. 2. Attached hereto as "Exhibit A" is a true and correct certified copy of the Purchaser

Grant Deed recorded in the official records of the Riverside County Recorder's Office on November 1, 2006 as Document No. 2006-, reflecting a conveyance of the real property at issue in the instant case to B, a single man, which my office's staff obtained from the Recorder's Office in the ordinary course of business. 3. Attached hereto as "Exhibit B" is a true and correct certified copy of the Deed of

Trust recorded in the official records of the Riverside County Recorder's Office on November 1, 2006 as Document No. 2006-, reflecting a loan in the amount of $841,350.00 to B, as Trustor, and a corresponding security interest in the real property at issue in the instant case, which my office's staff obtained from the Recorder's Office in the ordinary course of business. 4. Attached hereto as "Exhibit C" is a true and correct certified copy of the Notice of

Default recorded in the official records of the Riverside County Recorder's Office on July 1, 2009 as Document No. 2009-, executed by NDEX West, LLC, as agent of the Beneficiary "Mortgage Electronic Registration Systems", (MERS) and pertaining to the real property at issue in the instant case, which my office's staff obtained from the Recorder's Office in the ordinary course of business. 5. Attached hereto as "Exhibit D" is a true and correct certified copy of the

Assignment of Deed of Trust recorded in the official records of the Riverside County Recorder's Office on August 2, 2009 as Document No. 2009-, reflecting an assignment of the Deed of Trust from Universal American Mortgage Company of California (UAMCC) by Mortgage Electronic Registration Systems (MERS) to Deutsche Bank National Trust Company (DNBTC) as Trustee of the Residential Asset Securitization Trust 2007-A5, Mortgage Pass-Through Series 2007-E, under the Pooling and Servicing Agreement (PSA) dated 3-1-2007. Document further lists B, as
PLAINTIFF REQUEST FOR JUDICIAL NOTICE NO. 2

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Trustor, attached as "Exhibit D", which my office's staff obtained from the Recorder's Office in the ordinary course of business. 7. Attached hereto as "Exhibit E" is a true and correct certified copy of the

Substitution of Trustee recorded in the official records of the Riverside County Recorder's Office on October 3, 2009 as Document No. 2009-, reflecting a substitution of trustee under the Deed of Trust substituting Universal American Mortgage Company LLC (UAMC LLL) to National Default Exchange (NDEX) attached as "Exhibit E", which my office's staff obtained from the Recorder's Office in the ordinary course of business. 8. Attached hereto as "Exhibit F" is a true and correct copy of the Assignment of Deed

of Trust introduced into evidence by Onewest Bank, FSB as agent for Defendant in this matter, purportedly recorded, but never did, in the official records of the Riverside County Recorder's Office signed on September 2, 2010, and proffered in the “Declaration of B B” attested on September 2, 2010, and was filed as part of [Docket and Docket ]. The Document is reflecting an Assignment of Deed of Trust from Universal American Mortgage Company of California (UAMCC) by Mortgage Electronic Registration Systems (MERS) to Deutsche Bank National Trust Company (DNBTC) as Trustee of the Residential Asset Securitization Trust 2007-A5, Mortgage Pass-Through Series 2007-E, under the Pooling and Servicing Agreement (PSA) dated 3-1-2007. Document further lists B, as a Single Man, attached as "Exhibit F", which my office's staff searched and not recorded with the Recorder's Office in the ordinary course of business. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and accurate. Executed on this day of at Malibu, California.

__________________________________ Barry S. Fagan, Esq.

PLAINTIFF REQUEST FOR JUDICIAL NOTICE NO. 2

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