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NNA Notary Signing Agent National

Loan Documents Sourcebook 2nd


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The Notary Signing Agent's

Loan Documents
Sourcebook
The Notary Signing Agent's Illustrated Guide
to Common and Uncommon Forms
and How to Notarize Them
8. Signature and Name Affidavits ................................. 423

9. Conveyance Instruments ....................................... 437

10. Notes and Security Instruments ............... ~· ................ 455

11. Notice of Right to Cancel Forms ................................ 477

12. USA Patriot Act CIP Forms ..................................... 495

13. Affidavits........................................................ sos

APPENDIX

Notary Signing Agent Code of Conduct ................................ 535

About the Publisher .................................................... 565

iv I The Notary Signing Agent's Loan Documents Sourcebook


Preface

Milton G. Valera

"Some people have greatness thrust upon them.


Vezy few have excellence thrust upon them."

- John W. Gardner
U.S. Secretary of Health, Education, and Welfare, 1965-1968

In these early years of the fledgling Notary Signing Agent vocation, it


is already evident that Notary Signing Agents must demonstrate an
unswerving commitment to excellence, for success is not often granted
upon easier terms.

Everyone who aspires to be a Notary Signing Agent must start at the


same place. Agents must gain a working knowledge of mortgage loans,
loan terms and documents, lending practices, and know how the real
property recording and title industries operate.

At the closing table itself, Agents must exude confidence in helping bor-
rowers execute any of the myriad papers that may comprise a closing
documentation package.

There are no shortcuts here. Your chosen career field demands that you
cultivate your knowledge and never stop learning.

Table of Contents I v
The Notary Signing Agent's Loan Documents Sourcebook provides a
wealth of information for the beginner and veteran alike. Five separate
Notary Signing Agent transactions are explained and illustrated, includ-
ing the refinance loan and the home equity line of credit, the increasingly
popular "reverse" mortgage, the less common purchase and sale, and
the purely commercial transaction. Next are explained the instruments
that are typically encountered in documentation packages for these
transactions, followed by helpful tips for presenting and notarizing the
applicable instruments.

In addition, separate chapters of this Sourcebook contain several exam-


ples each of various affidavits, conveyance deeds, security instruments,
and other common and uncommon forms Notary Signing Agents rou-
tinely encounter.

Never before has such a breadth of diverse real property and mortgage
documents been compiled in a single volume with the needs of the
Notary Signing Agent in mind. It would take considerable real-world
experience to gain exposure to the forms in this Sourcebook.

You are to be commended for recognizing that the excellence of which


John W. Gardner speaks comes only as the result of an investment of
time, dedication, and sacrifice, and taking the initiative to broaden your
knowledge and sharpen your skills.

Milton G. Valera
Chairman
National Notary Association

vi The Notary Signing Agent's Loan Documents Sourcebook


Introduction

About This
Source book

The venerable Mark Twain, who was once a Notary, quipped: "All you
need in this life is ignorance and confidence, and then success is sure."

Any Notary Signing Agent will agree that confidence is critical for suc-
cess. Ignorance, however, is simply not an option.

To receive assignments from a title office, escrow agent, or signing


service, Notary Signing Agents must demonstrate knowledge of how to
conduct a home loan signing ceremony. In interviews and on written
examinations submitted with an application, Agents are pre-screened by
contracting companies for their knowledge of loan signing procedures
and the documents they will present to borrowers.

The importance of Notary Signing Agents acquiring knowledge of partic-


ular loan documents was impressed upon the author at an informational
meeting of Agents seeking work with a signing service. All were present
by invitation and had some experience with loan signings, including a
working knowledge of many of the standard documents.

The signing service representative leading the meeting passed out an


instructional test to the Agents in attendance. There was quite a lively
discussion about the questions on the handout, but silence fell upon
the room when the following question was asked: "Which major lender
requires the 'Notice of Right to Cancel' form to be initialed by the bor-
rower, but not signed?"

Introduction I 1
Contracting companies require Notary Signing Agents to be thoroughly
versed in the documents they handle, even if they never explain them to
a borrower.

Knowledge, as important as it is, is only half the battle.

At the appointment itself, the Agent will sit across the table from per-
fect strangers with a briefcase full of documents the Agent may feel
ill-equipped to present. Add to this the uncertainty of not knowing what
the borrower will say or ask next and it is apparent that only one word
can quell the insecurities that are the product of inexperience.

Confidence.

Notary Signing Agents need confidence in presenting documents as


much as they need knowledge of the documents themselves.

This book was written upon the premise that, to be successful Notary
Signing Agents must possess both knowledge and confidence. The best
way to achieve both is through years of experience conducting loan sign-
ings. In the case of beginners, of course, this is not possible.

The purpose of this book is to instill a measure of needed knowledge and


confidence in not only the beginner, but also the veteran encountering a
particular form for the first time.

Part I attempts to bridge the gap of inexperience by reprinting full and


complete loan document packages from seven actual refinance, home
equity line of credit (HELOC), home equity conversion mortgage (HECM,
otherwise known as a "reverse" mortgage), purchase and commercial
transactions.

A review of these complete document sets will yield an enhanced knowl-


edge of standard loan documents, a recognition that loan packages can
vary from lender to lender and from signing to signing, and perhaps most
important, an increased familiarity with loan documents, which results
in confidence ("familiarity breeds confidence").

While the complete sets of loan documents comprise the bulk of the
present volume, Notary Signing Agents who have conducted only a few
signings have already learned that not only can loan packages vary from
signing to signing, the individual documents themselves can vary in
format. The sheer number of possible combinations of forms that may
appear in a document package defies any definitive attempt to antici-
pate, classify, or present them in a book of this size, due to the fact that
each individual lender or title company may require different forms, a
specific loan program may require certain documents, or a borrower's

2 I The Notary Signing Agent's Loan Documents Sourcebook


unique financial or life circumstances may necessitate inclusion of one or
more particular documents to be included in a loan package.

Notwithstanding this limitation. Part II of this book presents several


examples of each of the more common forms found in residential loan
document packages, including the most commonly notarized documents.
By examining several similar forms, Signing Agents can more readily be
prepared to quickly recognize and differentiate between one lender's
forms and another's. Above all- and this is critical for confidence -
Agents will have had exposure to the subtle variations and will feel
better prepared to proceed.

In particular, chapters in Part II discuss and illustrate the following


instruments:

• Occupancy affidavits;

• Compliance agreements;

• Signature and name affidavits:

• Deeds used to convey title to real property:

• Promissory notes and security instruments:

• Notice of right to cancel forms (including the document that was the
source of the test question in the above-mentioned example);

• Customer Identification Program (CIP) forms required under the "Unit-


ing and Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism" (PATRIOT) Act of 2001: and

• Affidavits used for various purposes in the mortgage and title industry.

We include in an Appendix the current draft of the SPW Code of Con-


duct for Notary Signing Agents, an ethical code of conduct for Notary
Signing Agents.

Finally, a word of caution. The forms reproduced in this book are pro-
vided solely to aid in comprehending Notary Signing Agent practices
and procedures. State laws universally prohibit Notaries Public and
nonattorneys from engaging in the unauthorized practice of law. Notary
Signing Agents should not use this book to recommend or draft a par-
ticular document for, or to provide legal counsel about, any document to
borrowers. Agents should advise borrowers to have their specific legal
questions answered by their loan officer, escrow agent or attorney. ■

Introduction I 3
Part I
SIGNING AGENT
TRANSACTIONS

Part I of this book illustrates seven complete sets of loan document pack-
ages from the three most common Notary Signing Agent transactions
- refinance loans, home equity lines of credit, and reverse mortgages -
and sets from less common purchase and commercial transactions. These
packets will illustrate the various lender, title, and tax forms common to
these transactions.

We have attempted to include document packages which contain ele-


ments unique to each transaction, so the reader will be exposed to as broad
a variety of instruments as possible. Forms that are unique to a particular
type of transaction will be noted in accompanying marginal notes.

Marginal notes also will appear in places where the documents raise
issues or questions of interest to the Notary Signing Agent, such as how
exactly the forms should be notarized.

Since these forms are reproductions of documents used in actual loan


transactions, all company and individual names, addresses, phone num-
bers, and identification data used throughout have been altered.

The security instrument (deed of trust or mortgage) is abridged in most


cases due to the length of the instrument and the fact that much of the
content of these documents is "boilerplate" text.

Part 1: Signing Agent Transactions 5


Chapter

1
Refinance Loans

INTRODUCTION
One of the Notary Signing Agent's staples is the home refinance transac-
tion, which, according to industry analyst estimates. accounted for over
70% of all 1- to 4-family mortgage originations in 2013. While that number
has decreased to 35% in 2018, refinance transactions are still an important
part of a Signing Agent's workload.

As the mortgage origination numbers suggest, when refinance transac-


tions are up, Notary Signing Agents are extremely busy. At the height
of the recent refinance boom in 2012-13, Notary Signing Agents were
the workhorses that made it possible for title and escrow companies to
handle the increased volume of closings.

In leaner times, when interest rates creep higher and the number of
refinance loans drop, lenders begin to more aggressively market adjust-
able rate refinance and HELOC loans for debt consolidation. remodeling.
and funding college education. They also introduce new programs to woo
first-time buyers and consumers who cannot afford a traditional mort-
gage, such as interest-only or zero-interest loans.

Clearly, as market shifts occur, the types of loans Notary Signing Agents
handle will change.

Chapter 1: Refinance Loans 7


The two complete sets of refinance papers presented in this chapter rep-
resent two types of refinance loans, an FHA fixed rate and conventional
adjustable rate mortgage (ARM). They illustrate documents found in vir-
tually every refinance loan package as well as forms which are dictated
by a particular type of lender or transaction.

Forms in Sample Set 1 Pages


The full list of documents comprising Sample Set 1 follows. Refer to the
marginal notes on the samples for additional comments on these forms.

1. Uniform Residential Loan Application 14-16

2. Amended Escrow Instructions ............... 17

3. ALTA Settlement Statement 18-20

4. Crucial Data Proof Sheet 21

5. Closing Instructions ............. ............... 22-25

6. Private Mortgage Insurance Termination Disclosure 26-27

7. California Private Mortgage Insurance Termination


Disclosure 28-29

8. Deed of Trust ............... 30-40

9. Adjustable Rate Note 41-43

10. Interest-Only Addendum to Adjustable Rate


Promissory Note 44-45

11. Adjustable Rate Rider .. 46-47

12. Interest-Only Addendum to Adjustable Rate Rider 48

13. Addendum to Note................ ...... 49

14. Borrower's Income Certification 50

15. Variable Rate Mortgage Program Disclosure .51

16. Compliance Agreement 52-53

17. IRS Form W-9 Request for Taxpayer Identification Number


and Certification _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 54-57

8 The Notary Signing Agent's Loan Documents Sourcebook


18. IRS Form W-8BEN Certificate of Foreign Status of Beneficial
Owner for United States Tax Withholding_ _ _.._........................... 58

19. Name Affidavit (One and the Same Certification) ......... 59

20. Lender Escrow Account Disclosure Summary 60

21. Initial Escrow Account Disclosure Statement 61

22. Servicing Disclosure Statemen 62

23. Borrower's Certification 63

24. Statement of Occupancy ...... 64

25. Flood Insurance Certification and Notice 65

26. Affidavit of Disbursement and First Lien Letter 66

27. Quality Control Release 67

28. Right to Receive a Copy of an Appraisal 68

29. Mailing Address Certification 69

30. Notice to Borrower(s) Monthly Escrow Payments Are Subject to


Significant Increases When Financing New Construction 70

31. Notice of Right to Cance 71

32. First Payment Letter 72

33, Notice of Assignment, Sale, or Transfer of Servicing Rights 73

34. Tax Information Sheet 74

35. Borrower's Certification & Authorization 75

36. Draft Authorization .. 76

37. Important Privacy Choices for Consumers 77

Notarized Forms in Sample Set 1 Pages


The documents in Sample Set 1 that must be notarized are listed below,
along with the type of notarization required (in parentheses). Refer to
the marginal notes for additional comments and guidelines for notariz-
ing these forms.

1. Deed of Trust (Acknowledgment) _ _ _ _ _ _ _ _ _ _ 30-40

Chapter 1: Refinance Loans I 9


2. Compliance Agreement (Acknowledgment) ... _ _ _ _ _ _---'2-53

3. Name Affidavit (One and the Same Certification) (Jurat) _ _ _ _ 59

Forms in Sample Set 2 Pages


The full list of documents comprising Sample Set 2 follows. Refer to the
marginal notes for additional comments on and guidelines for notarizing
these forms.

1. Subordination Agreement ........... 80-82

2. Grant Deed 83

3. Preliminary Change of Ownership Report 84-85

4. Deed of Trust 86-90

s. Planned Unit Development Rider 91-92

6. Prepayment Rider 93

7. Note 94-95

8. Prepayment Note Addendum ..................... 96

9. Acknowledgment of Understanding of Conditional


Loan Approval 97

10. Borrower's Certification & Authorization Certification 98

ll. Credit Score Notice 99

12. California Hazard Insurance Disclosure ..................................... 100

13. California Impound Disclosure/Waiver 101

14. California Residential Mortgage Lending Act Per Diem


Interest Disclosure _ __ - - - -..······ ............................................ 102

15. Compliance Agreement .......................................................... 03

16. California Financing Law Statement of Loan Disclosure 04

17. ECOA Notice/Occupancy Statement/Mailing


Address Certificatio OS
18. The Housing Financial Discrimination Act of 1977 Fair
Lending Notice 06

10 I The Notary Signing Agent's Loan Documents Sourcebook


19. First Payment Notification 07

20. Fannie Mae Affidavit and Agreement by Borrower and


Property Seller 108-109

21. Hold Harmless Septic, Well & Water 110

22. Homeowner's Real Estate Tax Authorization 111

23. Internal Revenue Service (IRS) Form 4506 Request for Copy or
Transcript of Tax Form---~-----------~-113

24. IRS Form W-9 Request for Taxpayer Identification Number


and Certification _________________ 114-117

25. Name Affidavit ___________________...a.18

26. Notice of Assignment, Sale or Transfer of Servicing Rights ___ u9

27. Notice to Borrower of Property in Special Flood Hazard Area............120

28. Occupancy Statement

29. USA Patriot Act Information Form ................................... 122

30. Important Privacy Choices for Consumers 123

31. Notice of Right to Cance 124

32. Customer's Statement of Non-Rescission 125

33. Closing Disclosure 126

34. Waiver of Escrow 127

35. Affidavit of Identity 128

36. Uniform Residential Loan Application ..129-132

Notarized Forms in Sample Set 2


The documents in Sample Set 2 that must be notarized are listed below.
Refer to the marginal notes for additional comments and guidelines for
notarizing these forms.

1. Subordination Agreement (Acknowledgment) ------80-82

2. Grant Deed (Acknowledgment>-------------83


3. Deed of Trust (Acknowledgment) _ _ _ _ _ _ _ _ _ _ 86-90

Chapter 1: Refinance Loans I 11


4. Compliance Agreement (Acknowledgment) .......... 103

s. Fannie Mae Affidavit and Agreement by Borrower and


Property Seller (Jurat) 108-109

6. Name Affidavit (Jurat) 8

1. Occupancy Statement (Unspecified) 121

8. Affidavit of Identity (Oath with acknowledgment) 128 ■

12 I The Notary Signing Agent's Loan Documents Sourcebook


Sample Set 1

Chapter 1: Refinance Loans I 13


Uniform Residential Loan Application
This application is designed to be completed by the appllcant(s) with the Lender's assistance. Applicants should com£!.ele this form as ·sorrower" or ·co-
Borrower". as applicable. Co-Borrower information must also be provided (and the appropriate box checked) when 00 the Income or assets of a person
other than the Borrower (includlng the Borrower's spouse) will be used as a basis for loan qualification or O the income or assets of the 8orTO'N8r's
spouse or other person who has commun ty property rights pursuant to state law will not be used as a basis for k>an quahfK:ation, but his or her liabilities
must be considered because the spouse or other person has community property rights pursuant to applicable law and Booower resides In a community
property state, the security property is located in a communfty property state, or the Bofrower is relying on other property located in a community property
state as a basis for repayment of the k>an.

If this Is an application for joint credit, Borrower and Co-Borrower each agree that we intond to apply for joint credit (slgn below):

Borrower Co-Borrower
I. TYPE OF MORTGA GE A NO TERMS OF LOAN
O Other (explain):
Mortgago
A lied for:
Amount
OVA
FHA 00 B ConventK>Oal
USDA/Rural Housi
Interest Rate No. of Months
Service
JC Fixed Rate
Agency Case Number

8 Other (explain):
Lender Case Number
2500020183

$ 268.585.00 5.625 % 360 e: GPM ARM t :

Subject Property Address (street. city. state. & ZIP) No. of Units
1000 Anywhere St.. Any Ci1y. AS 00000 County: 1
Legal Descnpbon al S ubJecl Property (a1ta="'e"s"'cn"'p"'10"'n_.,,,..n"'ece=s'"sa'-ry=-- - - - - - - - - - - - - - -- ----,-y;,-,e-a~r""su - --
""'i1
1
2001
O Purchase
Purpose of loan
Refinance B Construction Other (explain):
Construction-Permanent
Property WIii be:
00 Pnmary O Secondary O
Residence Residence
Investment

NOTES construction or construction-permanent loan.


Cost Amount Existing Liens (a) Present Value or lot (b) Cost of Improvements Total (a+ b)

The borrower only signs in the Co-


Borrower section if it is a joint loan this Is a refin ance loan.
application. Cost Amount Ex.isting liens Purpose or Refinance Describe Improvements D made D to be made

S 214.00 Cash-Ou! Deb< Consotlda · Cost: S


(s) Manner in which Title 'Nill be held Estate will be hekt in:
Borrower Husband And Wife 00 Fee Simple
ource o own aymen , ettlement Charges and/or Subordinate Financing {explain)
Equity On Subject Properly
D leasehold
(show expiration dato}

Borrower 111 BORROWER INFORMATION Co-Borrower


Borrowe(s Name (include Jr. or Sr. ii applicable) Co-Borrowe(s Name (include Jr. or Sr. ff applicable)
Barbara Borrower Barry Borrower

100-10-0000
I
Social Security Number Home Phone (Wld • •
209-555·1212
code) I09/11/1958
I
12 110-61-1200
I
209-555-1212 06/12/1968
I
DOB (MMIOOr'YYYY) Yrs Schod Social Security Number Home Phone Ind .,.. code) DOB (MMIDM'YYY>jYrs. School
12
@
D Unmaniod (lndude ling'e, d,vorced, MOOWtd) no.
I
ManNld llndude ,,...,.,,. ...,.M~ "'""'"\ Dependents tnot hste<I by Co-Bom,we,
] ages
~
D
Ma11ied (,dude,,.,.,.,,. dome,..,
I
oenne,s) 'Dependents (not Hste<I by So•owe,)
Unma,ried (1nc:tut1e 1:ngle, dNoroad, widowed) no. ages
0 s.narated O n/a D s.n.,.ted o nta
PresentAddreSS (ltreet.aty.lUlte ZJP) l!J Own LJ Rent 7Y SM No.Yrs. Present Address (lt:Nt. oty. 11a:, ZJPl!J Own U Rent 7Y SM No.Yrs.
1000 Anywhere St. 1000 Anywhere St.
Any City, AS 00000 Any City, AS 00000

Mailing Address, if different from Present Address Mailing Address. If different from Presen1 Address

If rosldlno at nresent address for lea& than two vears comnlote the followlno:
Former Address (weet. Ckf. &taw. ZIP) D OY,-n D Rent No.Yrs. Former Address (WMt. a,y. ,ia:e. ZIP) D Own O Rent No.Yrs.

B orrower IV EMPLOYMENT INFORMATION


Name & Address of Employer O Self Employed Yrs. on this job Name & Address of Employer U Self Employed Yrs, on thls job
Retired SY 3Y 3M
Yrs. employed in this Yrs. employed in this
line of work/profession line of work/profession
5 3
Position/Title/Type of Business IBusiness Phone (Ind. area code) Position/Title/Type of Business I
Business Phone (incl. area code)
209-835-1500
If emoloved In current position for less than two vears o r If currentlv emploved In m ore than one position, comolete the followlna:
Name & Address of Employer O Self Employed Dates (from-to) Name & Address of Employer O Self Employed Dales (from-to)

Monthly Income Monthly Income


s
Position/TiUo/Type of Business IBusiness Phono (lnci. area code) Position/Titlo/Type of Business j
$
Business Phone (ind. area code)

Name & Address of Employer U Sell Employed Oates (from-to) Name & Address of Employer O Self Employed Oates (from-to)

Monthly Income Monthly Income


$ s
Positlon/Titleflype of Business ] Business Phone (Incl. area code) PosilionfTiUe/Type of Business I Business Phone (incl. area coda)

Page 1 of 4

14 The Notary Signing Agent 's Loan Documents Sourcebook


UU: LOAN#: 2500020183
V MON LY INCOME AND suMBINED HOUSI NG E)(l>J:NSE INFORMATION
Gross Monthly lncomo Borrower Co-Borrower Total Combined Monthly Presont Proposed
Houslna Exoense
Base Empl. Income• $ s 3,699.00 $ 3,699.00 Rent $
Overtime First Mort11age (P&ll 1,506.00 $ 1,534.61
Bonuses Other Financlna (P&ll
Commissions Hazard Insurance 49.18
Dividendsllnterost Real Estate Taxes 266.23
Net Rental Income Mort11a11e Insurance 173.82
Other (beforo complcttng. Homeowner Assn. Dues
see the notice in "dcsaibo Other:
other ineome. • bellow) 1,798.00 1,798.0C
Total $ 1,798.00 $ 3,699.00 S 5,497.0C Total $ 1,506.00 S 2,023.64
..
Self Employed Borrower(s) may be required to provide additional documentation such as tax returns and financial statoments •

Describe Other Income Notice: Allmony, chlld support, or separate maintenance Income need not be rovealed If the Borrower (8)
B/C or Co-Borrower (Cl does not choose to have It conslderod for reoavlna this loan. Monthlv Amount
B Social Securitv/Disabilltv Income X 115% s 1798.00

VI. ASSETS AND LIABILITIES


This Statement and any applicable supporting schedules may bo completed jointly by both married and unmarried Co-Borrowers if their assets and liabilities
are sufficiently joined so that the Statement can be meaningfully and fairly presented on a combined basis; otherwise, separate Statements and Schedules
are required. If the Co-Borrower section was completed about a non-applicant spouse or other person. this Statement and supP.Qrting schedules must be
comDleted about that soouse or other oerson also. ComDleted 00 >t Jointly □ NotJolntlv
ASSETS Cash or Market l.l&bllltln and Plodged Assets. List 111G credi!or's name, addrau ond account rwmber for aD OUISUlnc:Ung
Descripllon Value debts. lnduding outomobile loans. revolving charge accounts, reol ostoto loans. alimony, child support,
cash Deposit toward purchase held by: $ stock pladges. e1c. Use cootinuotion shool, if necessaiy. lndieole by(") !hose liabmlies which wi~ bG llltlsfiod
uoon sale of roal eslale owned or uDOn rennancing of lhe subiect ~ ro""rtv.
LIABILITIES Monlllly Pmt. & Unpaid
Moa. Loft to Pay Balance
Name and address of Company (B1) SPmtJMos. s
Ust checklna and savlnas accounts bolow BK OF AMER '1,506.00/ '214,069.50
Name and address of Bank, S&L. or Credit Union 400 COUNTRYWIDE WAY, SIMI VALLEY, CA 93065 300
Bank of America
Acct. no. 224659709
Name and address of Company (B 1) $Pmt./Mos. $
Acct. no. 001170471096 $ 1,432.00 GM FINANCIAL 589.00/68 32,098.00
Name and address of Bank. S&L, or Credit Union 801 CHERRY ST STE 3900, FORT WORTH, TX 76102

Acct. no. 111006778551


Name and address of Company (B1) S Pmt.lMos. $
Acct. no. s ONEMAIN '254.00/50 '7,294.06
Name and address of Bank, S&L, or Credit Union 501 MAIN ST N, AMORY, MS

Acct. no. 1184268041420052


Name and address of Company (C2) $ Pmt.JMos. s
Acct. no. s CREDIT ONE BANK NA '38.00/12 "758.72
Name and address of Bank, S&L, or Credit Union PO BOX 98875, LAS VEGAS, NV 89193

Acct. no. 444795······5141


Name and address of Company (B1) $ Pmt./Mos. s
Acct. no. $ FIRST PREMIER BANK '30.00/12 •420.81
Stocks & Bonds 601 S MINNESOTA AVE, SIOUX FALLS, SD 57104
(Company name/number & description) $

Acct. no. 517800..····4820


Name and address of Company (81) SPmt./Mos. $
Life insurance net cash value s CAPITALONE
PO BOX 85520, RICHMOND, VA 23285
'25.00/12 '342.95
Face amount: S
Subtotal Uquld Assets s 1 432.00
Real estate owned {enter market valuo S
from schedule of real eslato owned) 350000.00 Acct. no. 517805......
Vosted interest In retirement fund $ 10,609.98 Name and address of Company $ Pmt./Mos. $
Net worth of business(es) owned $ See Schedule of Liablities 227.00 15,682.48
(attach financial statement!
Automobiles owned (make and year) S

Acct. no.
Alimony/Child Support/Separate Maintenance $
Other Assets (itemize) $ Pavmants Owed to:
Job Related Expense (child care, union dues, etc.) $

Total Monthlv Pavments $ 589.00


Total Assets a. $ 362041.98 Not Worth«• nvnus bl 1$ 91375.46 TOlall.l&bllllleab. $ 270666.521

Uniform Rosldentlal Loan Application


Freddie Mac Form 65 7/05 (rev.6/09)
Ellie Mae, Inc. Page 2 of 4

- II:
~ Fannie Mao Form 1003 7105 (rov.6/09)
GURLA 0711
GURLA(CLS)

Chapter 1: Refinance Loans 15


UU: LOAN #: 2500020183
VI. ASSETS AND LIABILITIES (conL)
Schodulo of Roal Estato Ownod (If additional properties are owned, use continuation sheet.)
Property Address (enter S if sold, PS if ponding sale Typo of Present Amount of
or R If rental being held for income) Property Market Value Mortgages & Lions

VII DETAILS OF TRANSACTION VIII DECLARATIONS


a. Purchase price s If you answer "Yes" to any questions a through I, Borrower Co-Borrower
b. Alterations. Improvements, repairs please use continuation sheet for explanation.

00 □ □
c. Land (if acquired separately) a. Are there any outstanding judgments against you? ~ 00 00
d. Refinance (Incl. debts to be paid off) 238,656.42 b. Have you been declared bankrupt within the past 7 years? 00 □
e. Estimated prepaid items 2,015.28 c. Have you had property foreclosed upon or given title or
f. Estimated closing costs
g. PMI, MIP, Funding Fee
h. Discount (if Borrower will cavl
3,539.00 deed in lieu thereof In the last 7 years?
4,585.00 d. Are you a party to a lawsuit?
e. Haveyoudirectlyorindirectlybeenobligatedonanyloanwhichresultedinforeclosure,
B~ □
□ ~
i. Total costs (add items a through h) 248,795.70 transfer of title in lieu of foreclosure, or judgment? (This would include such loans BS homo
j. Subordinate financing mortgage loans, SBA loans. home improvement roans. educational loans, manufactured (mobile)
k. Borrower's closing costs paid bv Seller homo loans, any mortgage, flnancial obligation, bond, or loan guarantoe. II "Yes: provide details,
I. Other Credits (explain) Including date, namo and address of Lender, FHA or VA case number. ii any, and reasons for lho
Lender Credit 0.00 action.) D 00 I D 00
f. Are you presently delinquent or in default on any Federal debt or
any other loan, mortgage, financial obligation, bond, or loanaiarantee?
If -Yes.· give detailS as desaibed In the pteCeding quostion. 00 0 00
g. Are you obligated to pay alimony, child support, or separate
...,,_,.,, ~
Bi
h. Is any part of the down payment borrowed?
I. Are YJU a co-maker or endorser on a note? _ __ __ _ __ _ "
j. Are you a U.S. citizen?
k. Are you a permanent resident alien?
I. Do you Intend to occupy the proporty as your primary
residence? If -Yes." complete question m below.
m.Have you had an ownership Interest In a property In the last
!
□ ~
l!l □ 00 □

00

m.Loan amount (exclude PMI, MIP. three years? l!l □ 00 □


Funding Fee financed) 282,000.00 (1) What type of property did you own• principal residence
n. PMI, MIP, Funding Fee financed 4,585.00 (PR}, second home (SH), or investment property (IP)? P..B__ ~
o. Loan amount (add m & n) 266,585.00 (2) How did you hold title to the home • solely by yourself
p. Cash from/to Borrower (S), joinUy with your spouse (SP), or joinUy with another
(subtract j, k, I & o from i) (17,789.30) person (O)? SP SP
IX. ACKNOWLEDGMENT AND AGREEMENT
Each of the undersigned spcc111cally represents to Lender and to Lender's actual or potential agents, brokors, prooessors, attomoys, insurers, servlcers, succossors and assigns
and agrees and acknowledges that: (1) the information provided in this application ls truo and correct as of the date set forth opposite my signature and that any intentional or
negligent misrepresentation of this lnfonnalion contained In this application may result In civil riabilily. including monetary damagos, to any person who may suflor any loss duo
10 reliance upon any miSrepresentatlon that I have made on this application, and/or In criminal penalties Including, but not limited to, fine or imprisonment or both under the
provisions of TIiie 18, United States Code, Sec. 1001, et. seq.; (2) the loan requested pursuant to this application (the "Loan") wlU bo socured bya mortgage or deed of trust on
the propeny described in this application; (3) the property will not be used for any illogal or prohibited purpose or use; (4) an statemonts made in this application are made for
the purpose of obtaining a residential mortgage loan; (5) the property will be occupied as indicated In this application; (6) the Lendor, Its servicers, successors or assigns may
retain the original and/or an oleclronlc record of this application, whether or not the Loan is approved; (7) tho Lender and its agents, brokers, insurers, serviocrs. successors and
assigns may continuously rely on tho lnfonnation contained In the application, and I am obligated to amend and/or supplemont tho Information provided In this application If any
of the material facts that I have represented herein should change prior lo dosing ol the Loan; (8) in the event that my payments on the Loan become delinquent, the Lender, Its
servlcers, successors or assigns, may In addition to any other rights and remedi11s that II may have relating to such delinquency, report my name and acoount lnfonnatlon to one
or moro consumer reporting agencies; (9) ownership of the Loan and/or administration of the Loan account may be transferred with such notice as may be required by law; (10)
neither Lender nor its agents, brokers. Insurers, servicer&, successors Of assigns has made any representation or warranty, express°' implied, to me regarding the property or
the condition or value of the property; and (11) my transmission of this application as an "eleclronic record" containing my "electronic signaturo." BS thosa terms are defined in
applicable federal and/oc state laws (oxcluding audio and video recordings). or my facsimile transmis5lon of this appficalion containing a facsimile of my signature. snaB be as
cffedive, enforteablo and valid as if a paper version ol this application were delivered containing my original writton signature.
Acknowlodgomont. Each of tho undersigned hereby acknowledges that any owner of the Loan, its servicers, successors and assigns. may verify or reverify any infonnatlon
contained In this application or obtain any infonnation or data relating to the Loan, for any legitimate oosiness purpose through any source, including a source named In this
application or a consumer reporting agency.
Co-Borrower's Signature
X
typos of loans related to a dwettlng In order to monitor tho londer al credl
ired ro furnish this lnfonnatlon, but are encou ed to do so. The hat a lender ma
to furnish it. If you furnish this in · 1i:lly and race. For race, y
x, under Fcdof:'I regula he lnfonnatlon on the basis of vlsu
e box below. (Lender must review the ebo
or the particular type of loan applied for.)

Date
Loan Originator's Name (print or type) Loan Originator ldentlflcr Loan Originator's Phone Numbor (Including area code)
Michael Gracz 1160212 I StateLicense#-CA•DB01160212 630-859-7644

Loan OriglnaUOn Company's Namo Loan Origination Company Identifier Loan Origination Company's Address
DAS Acquisition Company, LLC 227262 I Stale License # • 41 D80-45971 12140Woodcrest Executive Drive, Suite 150
Saint Louis, MO 63141

Uniform Rosldentlal Loan Appllcatlon


Freddie Mac Form 65 7/05 (rev.6/09) Fannie Mae Form 1003 7/05 (rev.6/09)
Ellie Mae, Inc. Page3of 4 GURLA18D13 0518
GURLA(CLS)

16 The Notary Signing Agent's Loan Documents Sourcebook


The Escrow Palace
23161 Lake Drive, Suite 120
Any City, AS 00000
(000) 380-9701 Fax (000) 380-7899
Web Site: http://www.escrowpalace.com, E-Mail: info@escrowpalace.com

Escrow No. 52944 Date: October 3, 20XX

Re: 1000 Anywhere St., Any City, AS 00000

To: The Escrow Palace - BEVERLY CLOSER

My previous instructions in the above numbered escrow are hereby modified-supplemented in the
following particulars only:

LENDER, RATE & TERMS:

A new Conventional Trust Deed loan in favor of ANPAC FUNDING CORP. OBA ANPAC
LENDING GROUP, in the principal amount of $166,500.00 bearing interest at the rate of 6.375%
per annum, for a term of 30 years. Borrower(s) signature on loan documents shall constitute full
acceptance and approval of all lender terms and conditions and shall be Escrow Holder's
authorization to comply with all terms and conditions contained therein.

All parties signing this instruction acknowledge receipt of a copy of same. All other terms and
conditions of this escrow shall remain the same.

Borrower's Signature

Barbara Borrower Barry Borrower

Chapter 1: Refinance Loans 17


American Land Title Association ALTA Settlement Statement - Borrower/Buye

File No./Escrow No.: 52944 The Escrow Place Title Company


Print Date & Time: Officer/ 23161 Lake Dr. Logo
Escrow Officer: Settlement Any City, AS 00000
Location:

Property Address: 1000 Anywhere St.,


Any City, AS 0000
Buyer: Barry Borrower, Barbara Borrower
Seller:
Lender:

Settlement Date:
Disbursement Date:
Additional dates per state requirements:

Description Borrower/Buyer
Debit Credit
Financial
Sales Price of Property
Personal Property
Deposit including earnest money
Loan Amount
Existing Loan(s) Assumed or Taken Subject to _ __
Seller Credit
Excess Deposit

Proratlons/Adjustments
School Taxes from (date) to (date)
County Taxes from (date) to (date)
HOA dues from (date) to (date)
Seller Credit

Loan Charges to (lender co.)


Points
Application Fee
Origination Fee
Underwriting Fee
Mortgage Insurance Premium
Prepaid Interest

American Land Tirie A5sociatlon. All rights File#


resen,ed. Page 1 of 3 Printed on (date) at (time)

18 The Notary Signing Agent"s loan Documents Sourcebook


Other Loan Charges
Appraisal Fee to
Credit Report Fee to
Flood Determination Fee to
Flood Monitoring Fee to
Tax Monitoring Fee to
Tax Status Research Fee to

Impounds
Homeowner's Insurance mo@$_jmo
Mortgage Insurance mo@$__Jmo
City/town taxes mo@S__jmo
County Taxes mo@S__jmo
School Taxes mo@$__jmo
Aggregate Adjustment

Title Charges & Escrow/ Settlement Charges


Owner's Title Insurance ($ amount) to
Owner's Policy Endorsement(s)
Loan Policy of Title Insurance ($ amount) to
Loan Polley Endorsement(s)
Title Search to
Insurance Binder to

Escrow/ Settlement Fee to


Notary Fee to
Signing Fee to

Commission
Real Estate Commission to
Real Estate Commission to
Other

Government Recording and Transfer Charges


Recording Fees (Deed) to
Recording Fees (Mortgage/Deed of Trust) to
Recording Fees (Other) to
Transfer Tax to
Transfer Tax to

Payoff(s)
Lender: Payoff Lender Co.
Principal Balance($ amount)
Interest on Payoff Loan ($ amount/day)
Additional Payoff fees/Reconveyance Fee/Recording
Fee/Wire Fee

Lender: Payoff Lender Co.


Principal Balance ($ amount)

American Land Title Association. All rights


File#
l'l!Served, Page 2 of3 Printed on (date) at (time)

Chapter 1: Refinance Loans 19


Interest on Payoff Loan ($ amount/day)
Additional Payoff fees/Reconveyance Fee/Recording
Fee/Wire Fee

Miscellaneous
Pest Inspection Fee to
Survey Fee to
Homeowner's insurance premium to
Home Inspection Fee to
Home Warranty Fee to
HOA dues to
Transfer fee t o Management Co.
Special Hazard Disclosure
[Utility] Payment to
Assessments
School Taxes
City/town t axes
County Taxes/County Property taxes
Buyer Attorney fees to
Seller Attorney fees to

Debit Credit
Subtotals
Due From/To Borrower
Due From/To Seller
Totals

Acknowledgement

We/I have carefully reviewed the ALTA Settlement Statement and find it to be a true and accurate statement of all receipts
and disbursements made on my account or by me in this transaction and further certify that I have received a copy of t he
ALTA Settlement Statement. We/I authorize _ _ _~t~it~le~co~m=p=a~n~y~n=a~m~e~_ to cause the funds to be disbursed in
accordance with this statement.

Barry Borrower

Barbara Borrower

Escrow Officer

Arnerian Land Title Association. All rights File#


rtserved. Page 3 of 3 Printed on (date) at (time)

20 The Notary Signing Agent's Loan Documents Sou r cebook


SECOND NATIONAL
Crucial Data Proof Sheet
Prepared for:
ANPAC FUNDING CORP. D/B/A ANPAC LENDING GROUP
1401 COVE STREET, SUITE 100
NEWPORT BEACH, CALIFORNIA 92660
FHA/VA#:
Refinance?: 00 Yes
Loan number: 2500020183
Loan Type: CONVENTIONAL

Borrower #1: BARRY BORROWER


Manner of Title: AND
AKA: POA:

Borrower #2: BARBARA BORROWER


Manner of Title: HUSBAND AND WIFE AS COMMUNITY PROPERTY
AKA: POA:

Borrower #3:
Manner of Title:
AKA: POA:

Borrower #4: Manner of Title:


AKA: POA:

Borrower #5:
Manner of Title:
AKA: POA:

Borrower #6:
Manner of Trtle:
AKA: POA:

Property Address: 1000 ANYWHERE STREET, ANY CITY, AS 00000

Mailing Address: 1000 ANYWHERE STREET, ANY CITY, AS 00000

Prior Address:

Sellers:

Loan closing in the name of: ANPAC FUNDING CORP. D/B/A ANPACT LENDING GROUP, A CALIFORNIA
CORPORATION

Address: 1401 COVE STREET, SUITE 100, NEWPORT BEACH, CALIFORNIA 92660

State of incorporation: THE STATE OF CALIFORNIA


Investor (if applicable): ANPAC FUNDING CORPORATION
Loan Amount: $ 166,500.00 Interest rate: 6.37500% 1st payment date: 12/01 /XX
Sale price:$ Appraised value: $185,000.00 Closing/document date: 10/02/XX
Late charge: 5.000% Maturity date: 11/01/XX Disbursement date: 10/07/XX
Actual term: 360 mos. Amortized term: 360 mos. Rescission date:

Settlement agent: ESCROW PALACE Settlement county:


Settlement address: 23161 LAKE DR. STE.120, ANY CITY, AS 00000
Property county: LOS ANGELES Aiders: .JLAAM _Condo _PUD _GPM
_1-4 Family _VAAssumptn _Other
Legal Description:
THE LAND REFERRED TO IN THIS DESCRIPTION SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES, CITY OF LOS ANGELES AND IS DESCRIBED AS FOLLOWS:

Condo/PUD name:
PUD description: COVENANTS, CONDITIONS & RESTRICTIONS OF RECORD

Trustee(s): AON MORRISON - GENERAL COUNSEL

Trustee address(es): 1401 COVE STREET, SUITE 100, NEWPORT BEACH, CALIFORNIA 92660

P&I: $ 884.53 ARM (If applicable)


MIP/PMI: 173.43 X Change period: 6 months
Haz. Ins.: 52.73 X 11 mos. escrow= $ 580.03 1st change date: MAY, 20XX
Flood Ins.: X mos. escrow = $ Index: 1.68900
Cnty taxes: 106.09 X 4 mos. escrow= $ 424.36 Margin: 2.75000
City tW<es: X mos. escrow= $ Rate cap: 1.00000
Other taxes: X mos. escrow= $ Lifetime cap: 6.00000
Other taxes: X mos. escrow = $
Buydown (if applicable):
Total PITI: $1,216.78 Rate P&I BID
1st:
2nd:
3rd:
Total buydown amount: $

(See also: TIL Worksheet. HUD-1 and Itemization.)

Chapter 1: Refinance Loans 21


To Settlement Agent: ESCROW PALACE From Lender:
23161 LAKE DR. STE. 120 ANPAC FUNDING CORP. D/B/A ANPAC
ANY CITY, AS 00000 1401 COVE STREET, SUITE 100 NEWPORT
BEACH, CALIFORNIA 92660
Attn: GEORGIA Phone No. (000) 380-7899
Fax No. 1-949-380-7899 Funder: EMAIL, A
Escrow/Closing No. 52944 Phone No. 949-567-4174
E-mail Addr: AEMAIL@ANPAC.COM
Fax No. 949-475-3962
Loan No. 2500020183

CLOSING INSTRUCTIONS

You are engaged to close this loan in accordance with these Closing Instructions. If there are any
discrepancies; if any of the closing conditions and/or requirements cannot be met; or if the loan does
not close as scheduled contact the Lender immediately and return funds disbursed by Lender unless
Lender has extended closing in writing.

You may not impose any additional charges on the Lender's behalf without obtaining the Lender's
prior approval.

Scheduled Closing Date: OCTOBER 02, 20XX


Scheduled Disbursement Date: OCTOBER 07, 20XX

Borrower: BARRY BORROWER AND BARBARA BORROWER


Seller:

Property Address: 1000 ANYWHERE STREET, ANY CITY, AS 00000

Loan Type: Conventional Loan Amount$ 166,500.00 Interest Rate: 6.37500


Second Home _Yes _lL No

Rescindable: ...LYes _ No Owner-occupied ..JL.Yes _ No


HUD-1 to be prepared by Settlement Agent and faxed to 949-475-3962.

Section I: LENDER CLOSING INSTRUCTIONS

The following are lender closing conditions to be satisfied prior to loan closing. If you have any
questions about any of these conditions, please contact the lender as soon as possible. Please
collect the required document(s) and fax to the lender for lender's approval prior to closing.

Brokers checks will be held, in all wet funding states, until Funder has confirmed receipt of all original
documentation.

NOTE: Any changes to the terms of the closing must be prior approved by ANPAC lending, if not the
Closer and/or Title may be liable.

BORROWER($) MUST INITIAL EACH PAGE OF THE DEED/MORTGAGE, RIDERS, AND


THE NOTE, PER INVESTORS REQUIREMENTS.
2 CLOSING AGENT IS AUTHORIZED TO COMPLETE VESTING PER STATE
REQUIREMENTS.
3 PRIOR TO FUNDS BEING DISBURSED, EXECUTED DOCUMENTS MUST BE RECEIVED BY
ANPAC FOR All RESCINDABLE TRANSACTIONS.
4 ILG REQUIRES AN INDEPENDENT 3RD PARTY TO SUPERVISE AND NOTARIZE ALL
LOAN DOCUMENTS AT CLOSING.
5 ORIGINAL SIGNED INITIAL GFE & TIL IN ACCORDANCE WITH CALIFORNIA AB 795
PRIOR TO FUNDING.
6 HAZARD INSURANCE SUFFICIENT TO COVER LOAN AMOUNT/REPLACEMENT COST
7 FINAL 1003 WITH CORRECT TERMS OF LOAN AMOUNT, NOTE RATE, INS, TAXES. Ml,
ETC..SIGNED BY BORROWER & INTERVIEWER • BROKER TO PROVIDE. **NEED
CORRECT EMPLOYMENT INFO.••
8 ESTIMATED HUD/SETTLEMENT STATEMENT TO INCLUDE ALL CLOSING AGENT FEES**
RECD CLOSING TO REVIEW**
9 COPY OF CURRENT DEMANDS (2) FOR REVIEW ** RECD CLOSING TO REVIEW **
10 THE FOLLOWING DEBT TO BE PAID IN FULL· BALANCES TO BE VERIFIED BY PAYOFF
STATEMENT: CHASE MANHATTAN MTG ($114,666) IRWIN HOME EQUITY ($39,452)

Page 1 of 4

22 The Notary Signing Agent's Loan Documents Sourcebook


Section II HAZARD INSURANCE/FLOOD INSURANCE
_x__ Collect original fire and extended coverage insurance policy or other evidence of
insurance for not less than the loan amount or the replacement cost of improvements,
together with evidence of payment for all purchase money transactions.
_x_ _ Mortgagee clause must indicate the following:
ANPAC Funding Corporation
c/o Lender Funding, Inc.
PO Box 57018 Irvine, CA 92619-7018
1-888-281-3681
_x_ _ Collect Notice of Flood Insurance Requirement.
_x_ _ Collect executed application for flood insurance, together with evidence of payment or
all purchase money transactions.

Section Ill SURVEY

_X__ Collect Survey (2 copies required if applicable)

Section IV POWER OF ATTORNEY

ALL POWERS OF ATTORNEY MUST BE PRIOR APPROVED BY LENDER.

_X__ Collect Specific Power of Attorney (original) to be recorded.

Section V RESCISSION

_X__ Deliver 2 copies of Notice of Right to Cancel to each person whose ownership in their
principal residence will be subject to the Security Instrument.
_x__ Deleting or removing an existing mortgagor from title as a direct result of this transaction
requires the removed mortgagors signature on the Notice of Right to Cancel.
_X__ Closer is required to add a date that is 3 days after the date the borrower signs the
Notice of Right to Cancel form in the "How to Cancel" section of the Notice of Right to
Cancel form.
_x__ Obtain an acknowledgement of receipt from each person receiving a Notice of Right to
Cancel.
_x__ Prior to disbursing the loan on the Closer must reconfirm with all parties to the
transaction, including the ANPAC Lending under that the ANPAC Lending loan is to
close.

Section VI TAXES/ASSESSMENTS

_x__ Obtain tax certificate or other evidence of payment indicating payment of all real
estate taxes due and payable at time of closing.
_X__ Obtain tax certificate, a signed statement from an authorized representative of the
assessment district or other evidence of payment indicating payment of all special
assessments or special district taxes due and payable at closing, together with an
assumption of liability for all special assessments or special district taxes not yet due
and payable. Collect a statement from the water and/or sewer district or other evidence
of payment indicating payment of all water and sewer charges due and payable.

Section VII TITLE INSURANCE COMMITMENT/POLICY

X Prior to disbursement, update title commitment to the date of closing.


-x-- Fax written update to lender prior to closing.
x Within 120 days after loan closing, mail a final Title Policy to: ANPAC FUNDING CORP.
D/B/A ANPAC LENDING GROUP 1401 COVE Street, Suite 100, Document Control
Newport Beach, CA 92660
X ALTA Policy must contain endorsements 100, 116, 8.1 and 111.5
X Collect payment for all listed endorsements and include in final ALTA policy.
_x_ _ Liability subject only to: General taxes and special taxes for fiscal year MUST BE
CURRENT
_x_ _ Funds may be used for account of the vestees, and you will record all instruments when
you comply with the following:
K. The vesting should read as follows: - BARRY BORROWER AND BARBARA
BORROWER HUSBAND AND WIFE AS COMMUNITY PROPERTY
X Issue said form of policy showing title vested as shown above.
X ALTA policy must cover $ 166,500.00
K Issue said form of ALTA policy free from encumbrances except items: 3, 6, and 7 of
preliminary Title Report dated 07-30-XX
Secondary financing in the amount of $ NOT ALLOWED

Section VIII. ESCROW ACCOUNTING


_x_ _ Prior to releasing the wired funds the Closer must updated estimated HUD-1.
_
x __ Insert an aggregate escrow adjustment amount of $ -52.82 in the last line of the 1000
series of the HUD-1 Settlement Statement.
Page 2of 4

Chapter 1: Refinance Loans 23


Section IX. RECORDING INSTRUCTIONS

_X__ Record the following documents with the Clerk and Recorder of LOS ANGELES County
State of CALIFORNIA order and within the necessary timeframes for issuance of a Title
Policy meeting Lender's closing conditions/requirements.
Specific Power of Attorney for Seller
Deed from Seller vesting title in Borrower
Specific Power of Attorney for Borrower
Security Instrument, with any Riders
Assignment to ANPAC FUNDING CORPORATION
Return address for Security Instrument and any Riders sent for recording
should be: ANPAC FUNDING CORP. D/B/A ANPAC LENDING GROUP
1401 COVE Street, Suite100, Document Control Newport Beach, CA 92606
Return address for assignment sent for recording should be:
ANPAC FUNDING CORP. D/B/A ANPAC LENDING GROUP 1401 COVE
Street, Suite100, Document Control Newport Beach, CA 92606
Return address for Borrower's Power of Attorney sent for recording should
be:
Return address for Seller's Power of Attorney sent for recording should be:

Section X. DISBURSEMENT REQUIREMENTS

_X__ When the transaction Is a resclndable transaction, do not disburse and/or deposit
any funds until the expiration of the rescission period. The Closer must reconfirm
with all parties to the transaction, including the ANPAC Lending Funder that the ANPAC
Lending loan is to close.
_x__ Funds for this transaction shall be delivered in the form of a wire transfer. If funds are
not disbursed within 48 hours of receipt said funds must be returned to Lender
and may be subject to penalty.

Return wiring Instructions:

Bank: Banker's Trust Company


Address: New York, N. Y. 10006
ABA#: 0000000000
Acct#: 00000000
Acct Name: ANPACICDC 00000
Credit To: 0000000000

_x__ Broker checks wlll be held, In all wet funding states, until Funder has confirmed
receipt of all original documentation.
_X__ If an invoice is provided, disburse directly to the service provider as instructed on HUD-1
Settlement Statement.

Section XI. DELIVERY OF DOCUMENTATION

_x__ Within 48 hours of funding the following documents must be delivered to lender by next
day overnight at: AN PAC lending Group 1401 COVE Street, Suite 100, FUNDING
Newport Beach, CA 92606

_x__ When the transaction is a rescindable transaction all loan documents must be returned
and reviewed by the lender prior to funding.

NOTE: All documents must show signatures and dates. All signatures on
documents must exactly match names as typed and as appear In recorded
documents. All documents must be signed In person, after you have
obtained proper Identification, and signatures must be acknowledged by a
notary public if there Is an acknowledgement block Included In a
document.

ALL FEDERAL TRUTH-IN-LENDING DISCLOSURES MUST BE EXECUTED PRIOR


TO EXECUTION OF THE NOTE, SECURITY INSTRUMENT AND OTHER LOAN
DOCUMENTS.

Documents to be collected from Borrower:


L Evidence of completion of all lender closing conditions listed in Section I above.
L Hazard insurance policy or certificate of insurance.
Flood insurance application, together with evidence of payment of flood
insurance premium.
Survey.

Page3of 4

24 The Notary Signing Agent's Loan Documents Sourcebook


Section XI. DELIVERY OF DOCUMENTATION (cont.)

Documents to be provided by Lender:


_X__ Original and/or certified copies of Note, with any Riders.
_X__ certified copies of Security Instrument, with any Riders.
x__ certified copies of Assignment.
_X__ certified copies of Deed, with any Riders.
_x__ Original Truth-in-Lending Disclosure and copy of any requested
Financed.
X Compliance Agreement
-x-- Acknowledgement of Receipt of Notice of Right to cancel.
-x-- I.R.S. Form W-9 or W-8.
X Name Affidavit.
X Initial Escrow Account Statement.
X First Payment Letter.
_x_ _ Occupancy Affidavit.
_x_ _ Notice of Transfer of Servicing.
_x_ _ State of California requires Borrowers to execute the Truth and Lending
documents.

Documents to be provided by Settlement Agent:


_X__ Copies of the following disbursement checks:
Mortgage Insurance Premium
Hazard Insurance Premium
Broker Fee

_x_ _ Certified copy of Specific Power of Attorney for Borrower & Seller, as
applicable
X Original HUD-1 Settlement Statement with 2 certified copies
-x-- Original Buyer/Seller Statements Lien Affidavit
x Copy of Payoffs
X Copy of Tax Information Form
X Copy of Tax Agreement(s) and Tax certificate.

_x_ _ When the transaction is a rescindable transaction all loan documents


must be returned and reviewed by the Lender prior to funding.
x_ _ Delivery of the warehouse/collateral package, including original Note,
according to instructions previously provided by Lender.
_x__ DELIVERY OF DOCUMENTS TO LENDER IS AT SETTLEMENT
AGENTS EXPENSE.

Section XII. MISCELLANEOUS

On , I/we have closed this loan in accordance with these Closing Instructions. In
addition, all required documentation is included in this closing package.

BY: Title

Page 4 of 4

Chapter 1: Refinance Loans 25


2500020183

BORROWER
1277 ANYWERE STREET
ANY CITY, AS 00000

ANPAC FUNDING CORP.


D/8/A ANPAC LENDING GROUP,
A CALIFORNIA CORPORATION

PRIVATE MORTGAGE INSURANCE TERMINATION DISCLOSURE


(Adjustable Rate, Not High Risk)

We (Lender) require that you (Borrower) maintain private mortgage insurance ("PMI") in connection with
your mortgage loan. PMI protects lenders and others against financial loss if borrowers default. Federal law
provides that, under certain circumstances, you may have the right to cancel PMI. Federal law also
establishes when PMI must be terminated. This Disclosure describes those cancellation and termination
rights.

Please note that PMI is not the same as property/casualty insurance, which may protect you against damage
to your property, and cancellation or termination of PMI does not affect any types of insurance.

I. BORROWER CANCELLATION.

You have the right to request cancellation of PMI at any time on or after:

(1) the date on which the principal balance of the loan, based solely on the amortization schedule then in
effect, is first scheduled to reach 80% of the original value of the property securing the loan. [If your
mortgage loan is a balloon loan, this date may not be reached before your loan matures.]; or

(2) the date on which the principal balance of the loan, based solely on actual payments made, reaches 80%
of the original value of the property securing the loan.

You will be notified when these dates are reached.

"Original value" means the lesser of the sales price or the appraised value of the property securing the loan.
If this is a refinance loan, "original value" means the appraised value relied on by us to approve your loan.

PMI shall then be cancelled if you meet all of the following requirements:

(I) You must submit your cancellation request in writing to the servicer of your loan.

(2) You must have a good payment history on your loan. "Good payment history" means that you have not
made a mortgage payment that was 60 days or longer past due during the 24 months preceding the later
of the cancellation date or the date of your last cancellation request and that you have not made a
mortgage payment that was 30 days or longer past due during the 12 months preceding the later of the
cancellation date or the date of your cancellation request.

(3) You must be current on your mortgage loan payments as required by the terms of your mortgage loan.

Page I

26 The Notary Signing Agent's Loan Documents Sourcebook


(4) You must have satisfied the note holder's requests for:

(a) evidence that the value of the property securing the note has not declined below its original value;
and

(b} certification that you do not have a subordinate lien on the equity in the property.

2. AUTOMATIC TERMINATION

If you are current on your mortgage Joan payments, PMI wiJI automaticaUy terminate when the principal
balance of your loan is scheduled to reach, based solely on the amortization schedule then in effect, 78% of
the original value, unless you wilJ earlier reach 75% of the original appraised value of the property. [If your
mortgage loan is a balloon loan, this date may not be reached before your loan matures.) If, on that date,
you are not current on your mortgage loan payments, PMI wiJI automatically terminate on the first day of
the first month after the date on which you become current.

3. EXEMPTIONS

There are certain exemptions to the right to cancellation and automatic termination of PMI. These
exemptions relate to certain mortgage loans with higher risks associated with the extension of credit. These
exemptions do not apply to your loan transaction.

4. STATELAW

If your property is located in California, Minnesota or New York, state law may require that PMI on your
loan be terminated earlier than the Borrower Cancellation and Automatic Termination dates described
above. If you have any questions about the applicability of state law to PMI on your loan, please contact the
servicer of your loan.

BARRY BORROWER

BARBARA BORROWER

Page2

Chapter 1: Refinance Loans 27


Another random document with
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Besides our own people, and the followers of Boo-Khaloom, we
had a number of liberated slaves who were returning to their homes.
The bashaw had given freedom to twenty-four from the castle,
sixteen of whom were females. Our friend, Mohammed D’Ghies, had
also liberated three young women, all under twenty, natives of
Begharmi, the evening previous to our leaving Tripoli, telling them, in
my presence, that his friends the English wishing to visit their
country, was the cause of their being set at liberty. There are
circumstances attached to this act of D’Ghies beyond the mere
liberation of three healthy negresses, so creditable to the feelings of
this excellent old man, that they must not be omitted. Two of these
girls only had fallen into his hands, and on his intimating to them his
intention of giving them their liberty, they told him that another sister
had been brought to Tripoli with them, and sold, like themselves, to
slavery; but they knew not what was become of her. Mohammed
D’Ghies, after much inquiry, succeeded in finding out who had been
the purchaser, paid the price demanded for her liberation, and
provided the means for enabling all the sisters to return together to
their own country with Boo-Khaloom.
On the 20th October, in a date grove a short distance from the
town of Temenhint, we found a kafila from Mourzuk, and some of the
Mamelukes who had come from Darfoor and Waday. I visited them
with Boo-Khaloom: their tents scarcely held together, and they gave
a deplorable account of their sufferings: two of them had been beys,
and one, Mohammed Bey, was still in the prime of life, and
conversed with spirit; the other, Ali Bey, appeared weighed down by
his misfortunes, and was between fifty and sixty years of age: they
had left Cairo fifteen years, and had passed the greater part of their
exile in and near Dongala. On the approach of the army of
Mohammed Ali, three hundred and fifty of them mustered at
Dongala, and determined on passing to Kordofan, and from thence
to Darfoor. At Darfoor they refused to receive them, and they then
moved on to Wara, the capital of Waday, where also they were
refused permission to remain. For four months they had been in
great distress, the Waday people refusing to sell them any thing for
themselves, or forage for their horses, all of which they were
consequently obliged to part with: taking slaves for them, which they
again exchanged for ostrich feathers, and any thing they could get.
At Waday, all but twenty-six determined on proceeding to the south;
they, however, afterwards altered their minds, and took the direction
of the army of Mohammed Ali, meaning to claim protection there.
The twenty-six left Waday just before the Rhamadan (May), and
followed the tracks of camels until they came to a kafila of
Fezzaneers proceeding to Mourzuk: this kafila they joined; but in
passing through the Tibboo Borgoo country, one of their camels
strayed and tore a branch from a date tree, for which the Borgoo
people beat and wounded one of the Mameluke slaves: this was
resented by the Mamelukes, and a quarrel ensued, which the
Fezzaneers in vain attempted to arrange. They also became
sufferers: the Borgoo people attacked and followed the kafila for five
days, during which time twenty of the Mamelukes were killed, and
thirteen of the Fezzaneers; the six remaining Mamelukes were now
on their way to Tripoli, in the hope of obtaining from the bashaw
permission to pass the remainder of their lives in his regency: they
had lost forty thousand dollars since leaving Egypt.
Mohammed Bey describes the people of Borgoo and Waday as
savages of the worst description, abhorring even the sight of a white
man. I told him it was my intention to proceed in the direction of
Darfoor, if possible: he replied, placing my hand in Boo-Khaloom’s,
“Do not leave this good man, Sidi-Rais, if you hope to return.”—But
rarely a kafila passes from Dongala to Darfoor; to Bornou, never.
The army of Egypt had been repulsed with considerable loss at
Darfoor; the people of which country, Mohammed Bey said, could
muster one hundred thousand men, armed, in the field, equipped
with artillery and mortars. The beys of Egypt had sent the King of
Darfoor, many years ago, eight pieces of ordnance; they had made
others, and worked them, as well as the people of Egypt themselves.
The army had gone south, and meant to over-run all the Kordofan,
when it was thought, if they had no reinforcement, that they would
return to Egypt: with their present strength, they could do nothing
with Darfoor, but the people of Darfoor wished for peace with
Mohammed Ali, and feared him; on this account it was that they
would not receive the Mamelukes. Affecting my own plans so
materially as this information appeared to do, it was listened to by
me with the deepest interest.
On Thursday, the 24th of October, we halted at Sebha, and
remained there until Saturday the 26th, gathering our escort and
collecting our supplies.
On Wednesday, the 30th October, we made our entrée into
Mourzuk with all the parade and show that we could muster. By Boo-
Khaloom’s presents to the bashaw, but chiefly on account of his
having undertaken to conduct us to Bornou, he had not only gained
the bashaw’s favour, but had left Tripoli with strong proofs of his
master’s consideration. Boo-Khaloom, naturally liberal, had, by
successful trade, been enabled early in life to gratify his charitable
and benevolent inclinations. This made him so popular in Mourzuk,
that nearly half the inhabitants came out to meet him, at a short
distance from the town, although not any of the authorities, and we
entered the gates amidst the shouts of the people, preceded by
singing and dancing women; and the Arabs who formed our escort
made such repeated charges upon their jaded and tired animals, that
I really expected some of them would “fall to rise no more.” No living
creatures can be treated worse than an Arab’s wife and his horse,
and if plurality could be transferred from the marriage bed to the
stable, both wives and horses would be much benefited by the
change.
I could not quite resist a sensation of disappointment that no
friends came out to meet me: but as the sun was insufferably
powerful, and as I had received a message by Boo-Khaloom’s
brother, from Doctor Oudney, that he was unwell, and that
Clapperton had the ague, I did not much expect it; I was, however,
by no means prepared to see either of them so much reduced as
they were. Both my companions and Hillman I found had been
confined to their beds with hemma (fever and ague), had been
delirious, and the Doctor and Hillman only a little recovered.
Clapperton was still on his bed, which for fifteen days he had not
quitted. Doctor Oudney was suffering also from a severe complaint
in his chest, arising from a cold caught during his excursion to
Ghraat, and nothing could be more disheartening than their
appearance. The opinion of every body, Arabs, Tripolines, and our
predecessors, were unanimous as to the insalubrity of its air. To
account physically for the sickliness of the place, was beyond the
powers of wiser medical heads than mine, but facts are stubborn
things. Mr. Ritchie had fatally felt the baneful influence of the climate
of Mourzuk, and Captain Lyon had suffered extremely during his stay
there: every one of us, some in a greater or less degree, had been
seriously disordered; and amongst the inhabitants themselves, any
thing like a healthy looking person was a rarity.
Notwithstanding Boo-Khaloom made every exertion in his power
to get away from Mourzuk as early as possible, yet, from the
numerous arrangements which it was necessary for him to make, for
the provisioning so many persons during a journey through a country
possessing no resources, it was the 29th November before those
arrangements were complete. Doctor Oudney and Mr. Clapperton,
from a most praiseworthy impatience to proceed on their journey,
and at the same time, thinking their health might be benefited by the
change of air, preceded him to Gatrone by ten days. I had remained
behind to urge Boo-Khaloom and expedite his departure, and we
thought by these means to obviate any wish which he might have to
delay on account of his private affairs, even for a day. Our caution
was, however, needless; no man could be more anxious to obey the
orders he had received, and forward our views, than himself: indeed
so peremptory had been the commands of the bashaw, in
consequence of the representations of our consul general, when
complaining of former procrastination, that Boo-Khaloom’s personal
safety depended on his expedition, and of this he was well aware.
It may not be unacceptable to the reader, if I here give some
account of the strength of our party.
I had succeeded in engaging, on my return to Tripoli, as an
attendant to accompany me to Bornou, a native of the island of St.
Vincent, whose real name was Adolphus Sympkins; but who, in
consequence of his having run away from home, and in a merchant
vessel traversed half the world over, had acquired the name of
Columbus; he had been several years in the service of the bashaw,
spoke three European languages, and perfect Arabic. This person
was of the greatest service to the mission, and so faithful an
attendant, that His Majesty’s government have since employed him
to accompany my former companion and colleague, Captain
Clapperton, on the arduous service he is now engaged in: we had
besides three free negroes, whom we had hired in Tripoli as our
private servants; Jacob, a Gibraltar Jew, who was a sort of store-
keeper; four men to look after our camels; and these, with Mr.
Hillman and ourselves, made up the number of our household to
thirteen persons. We were also accompanied by several merchants
from Mesurata, Tripoli, Sockna, and Mourzuk, who gladly embraced
the protection of our escort to proceed to the interior with their
merchandize.
The Arabs in the service of the bashaw of Tripoli, by whom we
were to be escorted to Bornou, and on whose good conduct our
success almost wholly depended, were now nearly all assembled,
and had been chosen from the most obedient tribes; they gained
considerably in our good opinion, each day we became better
acquainted with them: they were not only a great and most
necessary protection to us, breaking the ground as we were for any
Europeans who might follow our steps, but enlivened us greatly on
our dreary desert way by their infinite wit and sagacity, as well as by
their poetry, extempore and traditional. We had several amongst our
party who shone as orators in verse, to use the idiom of their own
expressive language, particularly one of the tribe of Boo Saiff
Marabooteens, or gifted persons, who would sing for an hour
together, faithfully describing the whole of our journey for the
preceding fortnight, relating the most trifling occurrence that had
happened, even to the name of the well, and the colour and taste of
the water, with astonishing rapidity and humour, and in very tolerable
poetry; while some of his traditionary ballads were beautiful. The
names of the chiefs who were to accompany us were as follows:—
Of the tribe of M’Garha, Sheikh Abdi Smud ben Erhoma, from the
Syrtis, with seventy men. He often said that his father’s name was
renowned in song, for having killed one hundred men with his own
hand in battle, and please God! he should exceed him, for he was
but thirty-five, and had brought forty to the ground already.
The M’Garhas are at this time in great favour with the bashaw,
and entirely exempt from tribute of any sort, from having assisted
him very materially in annihilating the Waled Suleyman: I must,
therefore, give some account of them.
They principally inhabit the Syrtis, where a considerable body
always remain; tribes of them, with their flocks, pitch their tents for
the months of pasture wherever they can find forage, and in times of
peace even to within a few leagues of Tripoli. When the present
bashaw determined on putting a finishing stroke to the Waled
Suleyman, by the extermination of the tribe, he, like a wily politician,
sent offers of peace and protection to the M’Garha, the ancient and
inveterate enemies of the Seffenusser[7]. In their occasional
skirmishes, no quarter was given; and a Waled Suleyman literally
sucked the blood of a M’Garha, after giving him the finishing blow:
children were even called upon to follow the parent’s example, so
that they might imbibe all the hatred felt by their ancestors, and vice
versa. The tribe of M’Garha readily accepted the bashaw’s offers;
and with their assistance, about six years back, the Waled Suleyman
struggled with the power of the bashaw for the last time. It was near
the borders of Fezzan, in one of those extensive upland plains called
Hormut Mahulla, that the grandsons of Seffenusser, the last of the
house, returned from Egypt, and headed the remaining followers of
their ancestors. The Orfilly, and several other tribes, flocked to the
standard: the M’Garha marched from the eastward to assist the
bashaw, who came from the side of Tripoli; the rebels were
surrounded, and the Orfilly capitulated, promising an enormous
tribute. No terms were, however, granted to the Waled Suleyman;
they were followed with fire and sword to their very huts—
Seffenusser’s children fell into the hands of their enemies; they were,
however, spared, and two of them sent to Mourzuk. Since that time,
the name of Waled Suleyman is scarcely breathed; indeed the tribe
has ceased to exist, with the exception of some few who escaped to
Egypt. A solitary being, who thinks himself unobserved, is
sometimes pointed out to you as having been one; but his misery
protects him. So complete an overthrow of the most numerous tribe
that inhabited the regency of Tripoli, and one whose riches and
influence were so well known, has had the effect of humbling the
turbulent spirit of the Arabs to a wonderful degree: the bashaw rules
them literally with a rod of iron, and for the slightest cause he has the
heads of their sheikhs over the gates of his palace in a few hours.
He makes it his policy to keep up their feuds and ancient enmities,
by which means he prevents that unanimity which might make them
dangerous. The name of Seffenusser is, however, still the tocsin of
revolt; it is in itself a thousand strong; and the bravery displayed by
Abdi Zeleel, the eldest survivor of the name, during the late
campaign in the negro country, has not a little contributed to
strengthen the feeling.
Abdallah Bougeel, a chief and a warrior, from the Shiati, whose
father and grandfather died because they would not fly; who never
attended to flocks, but were chief in fight—twenty men.
Sheikh Sultan ben Kaid, from the Shiati, a great warrior, who had
a terrible wound in his face, which had nearly demolished his nose,
from the sword of a Tuarick—ten men.
Hamed el Geide, Shiati—ten men.
Hamed Bendou el Hothmani, Shiati—ten men.
Sheikh Boo Bucker Saakhi, Shiati—ten men.
Salem Asheneen Hashnuowy, Shiati—thirty men.
The Maraboot Sid Hassan ben Eran—ten men.
Il R’baiah—ten men.
Boo Ahgoom, Osfilly—twenty men.
Futhaem—ten men.
Arabs are generally thin meagre figures, though possessing
expressive and sometimes handsome features, great violence of
gesture and muscular action. Irritable and fiery, they are unlike the
dwellers in towns and cities: noisy and loud, their common
conversational intercourse appears to be a continual strife and
quarrel; they are, however, brave, eloquent, and deeply sensible of
shame. I have known an Arab of the lower class refuse his food for
days together, because in a skirmish his gun had missed fire: to use
his own words, “Gulbi wahr,” “My heart aches;” “Bindikti kedip
hashimtni gedam el naz;” “My gun lied, and shamed me before the
people.” Much has been said of their want of cleanliness; I should,
however, without hesitation, pronounce them to be much more
cleanly than the lower order of people in any European country.
Circumcision, and the shaving the hair from the head, and every
other part of the body; the frequent ablutions which their religion
compels them to perform; all tend to enforce practices of cleanliness.
Vermin, from the climate of their country, they, as well as every other
person, must be annoyed with; and although the lower ranks have
not the means of frequently changing their covering (for it scarcely
can be called apparel), yet they endeavour to free themselves as
much as possible from the persecuting vermin. Their mode of dress
has undergone no change for centuries back; and the words of
Fenelon will at this day apply with equal truth to their present
appearance[8].
The fondness of an Arab for traditional history of the most
distinguished actions of their remote ancestors is proverbial:
professed story-tellers are ever the appendages to a man of rank:
his friends will assemble before his tent, or on the platforms with
which the houses of the Moorish Arabs are roofed, and there listen,
night after night, to a continued history for sixty, or sometimes one
hundred nights together. It is a great exercise of genius, and a
peculiar gift, held in high estimation amongst them. They have a
quickness and clearness of delivery, with a perfect command of
words, surprising to a European ear: they never hesitate, are never
at a loss; their descriptions are highly poetical, and their relations
exemplified by figure and metaphor, the most striking and
appropriate: their extempore songs are also full of fire, and possess
many beautiful and happy similes. Certain tribes are celebrated for
this gift of extempore speaking and singing; the chiefs cultivate the
propensity in their children; and it is often possessed, to an
astonishing degree, by men who are unable either to read or write.
Arabic songs go to the heart, and excite greatly the passions: I
have seen a circle of Arabs straining their eyes with a fixed attention
at one moment, and bursting with loud laughter; at the next, melting
into tears, and clasping their hands in all the ecstacy of grief and
sympathy.
Their attachment to pastoral life is ever favourable to love. Many
of these children of the desert possess intelligence and feeling,
which belong not to the savage; accompanied by an heroic courage,
and a thorough contempt of every mode of gaining their livelihood,
except by the sword and gun. An Arab values himself chiefly on his
expertness in arms and horsemanship, and on hospitality.
Hospitality was ever habitual to them. At this day, the greatest
reproach to an Arab tribe is, “that none of their men have the heart to
give, nor their women to deny.” Nor does this feeling of liberality
alone extend to the chiefs, or Arabs of high birth: I have known the
poor and wandering Bedouin to practise a degree of charity and
hospitality far beyond his means, from a sense of duty alone.
Notwithstanding all the savageness of an Arab, there are
sometimes noble thoughts which seem to cross over his powerful
mind; and then again to leave him choked up with weeds of too
strong a growth to be rooted out.
The M’Garha sheikhs were, after the defeat of Waled Suleyman,
all taken into the bashaw’s service; and are now amongst his most
faithful and favoured followers. Abdi Zeleel ben Seffenusser, upon
his submission, had been assigned some portion of his grandsire’s
extensive lands at Sebha in Fezzan; and on his being ordered to
repair with a certain number of camels to Mourzuk, and to
accompany the Sultan of Fezzan into the negro country, he was
reported to have delayed obeying the order: his enemies attributed
his reluctance to disaffection and want of courage. The bashaw’s
judgment was summary; and Hamet Ghreneim, the brother of my
chaoush, was despatched with a letter to Abdi Zeleel, and orders to
stab him while he read it, and return with his head. The M’Garha had
five hundred miles to ride, previous to executing his bloody
commission; and, by his account to me, it was the sixteenth of the
same kind that he had been intrusted with: he seldom failed either in
the execution or in receiving the reward, which always follows: “they
were his master’s orders—with Bis milla! (in God’s name) he struck,
and struck home!” His victim, in this case, was of more consequence
than any of his former ones, and his reward would have been greater
in proportion: Hamet was withal the descendant of the old enemy of
his clan; but there was still some magic in the name of the
Seffenusser. They were a race of heroes—cowardice could not be a
crime for any of the blood to be guilty of; and the chance of being
strangled on his return appeared to him preferable to assassinating
Abdi Zeleel, and he determined on hesitating before he executed the
bashaw’s orders. On arriving at the hut of the Arab chief,
notwithstanding his fallen state, friends enough remained to warn
him of his approaching fate: he met Hamet at the door, kissed the
signet of the bashaw, and desired him to perform his office; adding,
“You are a M’Garha, and an enemy to our house.” “I am,” replied the
other, “and therefore not capable of assassinating a Seffenusser: if
you are guilty, fly—mine be the risk.”
Cowardice is ever visited in an Arab by the most disgraceful
punishments; he is often bound, and led through the huts of the
whole tribe, with the bowels and offal of a bullock, or some other
animal, tied round his head; and amongst a people who only desire
to be rich in order to increase the number of their wives, probably the
greatest punishment of all is, that could even any woman be found
who would receive him as a husband, which would be an
extraordinary circumstance, no Arab would allow him to enter into his
family with such a stain on his character as cowardice.
The amor patriæ discoverable in even the wildest inhabitant of the
most barren rock is not felt by the wandering Arab, or the Moor. He
wanders from pasture to pasture, from district to district, without any
local attachment; and his sole delight is a roving, irregular, but
martial life. I have met with several, mostly Moors of Mesurata and
Sockna, who have made three times the pilgrimage to Mecca; visited
severally all the ports in the Red Sea; had been in Syria, from St.
Jean d’Acre to Antioch; had traded to Smyrna and Constantinople,
visiting Cyprus, Rhodes, and most of the islands in the Archipelago;
had penetrated to the west of Nyffe, in Soudan, and every other part
of the black country; had been two or three times stripped and
robbed of every thing in the Negro country, escaping only with life,
after receiving several wounds. Some of them had not seen their
families for fifteen or twenty years, yet were still planning new
expeditions, with as much glee as if they were just beginning life,
instead of tottering on the brink of death.
Arabs have always been commended by the ancients for the
fidelity of their attachments, and they are still scrupulously exact to
their words, and respectful to their kindred; they have been
universally celebrated for their quickness of apprehension and
penetration, and the vivacity of their wit. Their language is certainly
one of the most ancient in the world; but it has many dialects. The
Arabs, however, have their vices and their defects; they are naturally
addicted to war, bloodshed, and cruelty; and so malicious as
scarcely ever to forget an injury.
Their frequent robberies committed on traders and travellers,
have rendered the name of an Arab almost infamous in Europe.
Amongst themselves, however, they are most honest, and true to the
rites of hospitality; and towards those whom they receive as friends
into their camp, every thing is open, and nothing ever known to be
stolen: enter but once into the tent of an Arab, and by the pressure of
his hand he ensures you protection, at the hazard of his life. An Arab
is ever true to his bread and salt; once eat with him, and a knot of
friendship is tied which cannot easily be loosened.
Arabs have been truly described as a distinct class of mankind. In
the bashaw’s dominions, they have never been entirely subdued:
violent attempts at subjugation have often deprived them of tracts of
their vast territories; whole tribes have been annihilated; but, as a
people, they have ever remained independent and free.
The few fertile spots of scanty verdure, called “oases,” which now
and then refresh the languid senses of the weary traveller, and which
are desolate, beyond the wildest wastes of European land, are the
tracts inhabited by the eastern Arabs. Masses of conglomerated
sand obstruct the path which leads to these oases or wadeys;
nothing relieves the eye, as it stretches over the wide expanse,
except where the desert scene is broken by a chain of bleak and
barren mountains: no cooling breezes freshen the air: the sun
descends in overpowering force: the winds scorch as they pass; and
bring with them billows of sand, rolling along in masses frightfully
suffocating, which sometimes swallow up whole caravans and
armies, burying them in their pathless depths!

“Their hapless fate unknown!”

FOOTNOTES:

[1]Benioleed, a rich valley, bounded on all sides by whitish


brown hills, capped in many places with green stone and
amygdaloid, or vesicular lava, rugged villages, and ruinous
castles, on every point, some overtopping the columnar green
stone, and scarcely distinguishable from it.
The hills possess a very interesting structure. The height does
not exceed 400 feet, and limestone is the prevailing rock. On the
north side the whole of the range, till within a mile of the western
extremity, is limestone: at that point above the limestone is a thick
bed of columnar greenstone, with thick layers of vesicular lava.
On the southern side, most of the hills have their tops covered
with lava and columnar green stone, and have a structure similar
to that of the one I have delineated. A little difference is here and
there observable, but not so much as to be worthy of notice. The
tops of the hills on this side form an extensive, black, dreary-
looking plain, strewed over with loose stones, extending
eastwardly as far as the eye can discern. The upper, or, as I
would call it, the lavaceous crust, appears as if a layer left by a
flowing fluid, and therefore of more recent formation than the rock
on which it rests. This is seldom more than a few feet in
thickness, and spread over the subjacent rock.
The rocks dip in various directions, but generally at an angle of
18°.
The Jibel Gulat is one of the highest hills we have yet come to.
It is about six hundred feet high: its top is tabular, and its sides
exceedingly rugged, from an amazing number of detached
pieces. The lowest exposed stratum is a calcareous tufa,
containing, or indeed almost formed of sea-shells; the most
abundant are a species of oyster and limpet, in a very entire
state. Above, beds of soft carbonate of lime, like whiting, and
falling into dust on the slightest touch, and in which is imbedded a
large quantity of lamellar calcareous spar. Above, and apparently
extending to the summit, tolerably fine marble. The quantity of
debris, and the size and appearance of the masses, might make
one believe that an earthquake had been the cause of that rent
state; but it appears to me more probable that the undermining,
by the mouldering of the soft stratum underneath, accounts well
for the state and appearance of the side of the hill. The hill is
about three miles long, and runs from east to west. It is inhabited
by a solitary family; a man, his wife, and several children. We
were told that he had resided in this dreary and barren place for
eleven years, and it is said lives chiefly by plunder.
Near Niffud, the hills are of lime, and in structure and form not
unlike those of the Tarhona range.
In the vicinity of the long range there are a number of small
conical hills, of a soft whiting-like substance, appearing as if
recently thrown up, although, from every thing around, that is not
at all probable. The range runs parallel to that near the coast; but
we had no opportunity of determining how far it extends to the
eastward and westward. There are several passes, into one of
which we entered. It is rugged, from the number of masses that
have fallen from the sides of the hills. Several tumuli of stones are
observable, marking the burial-places of unfortunate travellers,
who have been murdered here, it was said, by large rocks rolled
from the overhanging heights. When I was examining the rocks,
in the dry bed of a river, these monuments were pointed out, to
make me aware my presence there was not free from danger.
This led to a valley, with some thick groves of acacias, and a plant
like a mespilus, with pleasant small astringent berries: it is called
by the natives butomo. From this we passed over a low hill, into
the valley Niffud. This valley has been the seat of much fighting,
as our conductors informed us, among the Arabs of different
tribes.
We left the valley, by a pass to the southward, and entered an
extensive plain, named Ambulum: in this we travelled the whole
day. The surface, in some places, a firm sand, with here and there
rocky eminences, and patches of gravel: the latter was fine, and
mixed with fragments of shells. Often, for a considerable extent,
not the least vestige of vegetation; and in no place was the
ground completely covered, except in a few small oases, where
there was a species of grass, of the genus festuca. The feniculum
duter, and a beautiful genista, which extends all the way from the
coast, were common. The butum occurred in abundance, and its
shade was a defence to us at times. We found some beautiful
fragments of striped jasper, and some small pieces of cornelian.
Bonjem.—We had no opportunity of examining any of these;
but from the strewed masses they appear to be limestone. The
wadey of Bonjem has characters different from any of the other
valleys we have passed through. This valley is strewed over with
gypsum in different states, with numerous shells, of the genus
pecten, and several terebrellæ. There are here and there sand,
and many incrustations of the carbonate, mixed with crystals of
the sulphate, of lime, that gives to the surface a shining white
appearance, which, in place of being pleasing, is disagreeable, by
the power of the reflected light. There are small ranges of low
hills, composed of soft white chalk (whiting), covered with a crust
of gypsum. In this structure we found one large pit, about forty
feet deep, and nearly as much in diameter. These low hills are
bounded by much higher, and of a dark brown colour: the low hills
are numerous, some are separate, but in general they are in short
ridges, and have, at a distance, very much the appearance of
fortifications. A small senecio, a geranium, and a statice, were the
principal beings of the vegetable creation. Barometer 30.020.
temperature 72.
Near the wells, the arundo phragmites grows in abundance; it
has long creeping roots, the first true roots of that kind I have
seen in North Africa. Plants of this kind would soon make
considerable encroachments on the desert, and render habitable
where it is difficult even to travel over. This quarter is poor in the
grasses, for I think I have not seen above eight different kinds.
Our course was among sand-hills, and over a gravelly road,
strewed with masses of common opal, with small portions of
botroidal iron ore, and thick layers of gypsum, with their edges
appearing above ground. The low hills presented the same
features as those near which we remained in the wadey: one,
detached on the road, had a curious appearance, and was called,
by the natives, “The Bowl of Bazeen.” It is about forty feet high,
and formed above of a calcareous crust, with sulphate of lime,
and below of soft chalk.
The higher ridge was observable on each side of us, running
south-south-east on the east side, and south-south-west on the
west: some of those to the westward have detached hills, and one
has the name of the “Salt Hill.” W. O.
[2]Captain Lyon’s travelling name.
[3]This is only called jaafa when a bride is conveyed in it—at
other times a caramood.
[4]Gibel Assoud and the hills on this side have the same name.
The valley is bounded on both sides by hills, from 400 to 600 feet
high—tops in general tabular; but a few are irregular, and two or
three end in conical peaks; the sides of all are covered with much
debris. The colour of the hills gives a very peculiar character to
the valley; the tops of a shining black, as if covered over with
black lead, that often extends some way down the sides, which
are of a light brown, mixed with a dirty yellow: this is often
observable in patches in the black, which gives to the whole a
very striking appearance. The lower strata are limestone, of a
yellowish colour, almost entirely formed of marine remains: this,
although hard, is easily acted on by the air, and the exposed
surface mouldering away leaves cavities in the rock, which,
undermining the superincumbent ones, gives rise to the quantity
of detached fragments. There are several thin strata of earthy
gypsum: above that, limestone, with a fine fibrous-looking
external surface, something like wood: this has the jingling sound
of burnt lime; above is the shining basalt, of a fine texture, mixed
with amygdaloid.
About six miles from where we halted, are a range of low white
hills, running about west by north, of the same name as the
plains. The top is a fine shining white, from thick beds of a milk-
white marble, the base of porphyritic limestone. W. O.
[5]The hills of Zeghren opened: a low range, running nearly
east and west; their appearance different from any we had yet
seen, long, oval, and truncated at the top—colour black, with
white streaks.
About the same time a detached rock came in view: it was
about a hundred feet high, and 200 from the land from which we
descended.
This is the geological structure of the neighbouring land, which
has at no very distant period been joined to this. W. O.
[6]The mother of peace.
[7]The name of their sheikh or chief; also often used when
speaking of the tribe.
[8]Leurs habits sont aisés à faire, car en ce doux climat on ne
porte qu’une piece d’étoffe fine et lègère, qui n’est point taillée et
que chacun met à longs plis autour de son corps pour la
modestie; lui donnant la forme qu’il veut.
EXCURSION TO WESTWARD OF MOURZUK,
IN JUNE, JULY, AND AUGUST, 1822,

BY WALTER OUDNEY, M.D.

Saturday, June 8, 1822.—At a little after sunrise departed from


Mourzuk. Lieutenant Clapperton, Mr. William Hillman and I were
accompanied by Hadje Ali, brother of Ben Bucher, Ben Khullum,
Mahommed Neapolitan Mamelouk, and Mahomet, son of our
neighbour Hadje Mahmud. It was our intention to have proceeded
direct to Ghraat, and laboured hard to accomplish our object.
Obstacle after obstacle was thrown in our way, by some individuals
in Mourzuk. Several came begging us not to go, as the road was
dangerous, and the people not at all under the bashaw’s control. We
at length hired camels from a Targee, Hadje Said; but only to
accompany us as far as the Wadey Ghrurby.
Our course was over sands skirted with date trees; ground
strewed with fragments of calcareous crust, with a vitreous surface,
from exposure to the weather. About mid-day, after an exhausting
journey from oppressive heat, we arrived at El Hummum, a
straggling village, the houses of which are mostly constructed of
palm leaves. We remained till the sun was well down, and then
proceeded on our course. The country had the same character. At
eight we arrived at Tessouwa.
The greater number of inhabitants are Tuaricks. They have a
warlike appearance, a physiognomy and costume different from the
Fezzaneers. More than a dozen muzzled up faces were seated near
our tent, with every one’s spear stuck in the ground before him. This
struck us forcibly, from being very different from what we had been
accustomed to see. The Arab is always armed, in his journey, with
his long gun and pistols; but there is something more imposing in the
spear, dagger, and broad straight sword.
About eight, we departed: several wadeys in our course, with
numerous small acacias, a few gravelly and sandy plains, and two or
three low white alluvial hills. About three, halted at a well of good
water.
Our course lay over an extensive high plain, with a long range of
hills, running nearly east and west. Distance, about fourteen miles.
We entered them by a pass which runs north and south, in which are
numerous recesses, evidently leading to more extensive wadeys.
Before reaching the hills, we found some people digging a well. It
was about a hundred feet deep.
The hills are at about a hundred yards’ distance. Their form is that
of a table top, with a peak here and there. The structure sandstone,
finely stratified with beds of blue and white pipeclay, and alum slate.
The pass led to another, the finest we have seen, and the only
part approaching to the sublime we have beheld in Fezzan. It is
rugged and narrow; its sides high, and overhanging in some places.
The whole exposed rock is a slaty sandstone, with thin strata of alum
slate. The path has several trunks of petrified trees, with branches
going out from them; the stem very similar to the acacia. They
appear as if precipitated from the top. Near the end of the pass, the
Wadey Ghrurby opens, with groves of date palms, and high sand
hills. The change is sudden and striking; and instead of taking away,
added to the effect of the pass we were descending. The hills from
the wadey have rugged, irregular, peaked tops, as if produced by
some powerful cause; although it appeared, on examination, that all
was produced by the mouldering away of the lower strata.
The hills are composed of thick beds of blue clay, alternating with
sandstone, beds of alum slate, and thick strata of porphyritic clay
stone, and all the tops of finely stratified sandstone.
Wednesday, June 12. Moved up the valley for about four miles,
and halted at a small town, Kharaik, having passed two in our
course. Valley, fine groves of palm trees, with cultivated patches;
water good, depth of the wells as about Mourzuk; hills bound the
valley on the south side, and sand hills on the north. The number of
date trees in the eastern and western division of the valley is said to
be 340,000. The first division, or Wadey Shirgi, extends from near
Seba to within a few miles of Thirtiba; the other, from the termination
of Shirgi to Aubari.
In the evening saw some of the preparatory steps for a marriage.
The woman belonged to this, and the man to the next town. A band
of musicians, accompanied by all the women of the village, dancing
and singing, with every now and then a volley of musketry. One
woman carried a basket on her head, for the purpose of collecting
gomah, to form a feast and pay the musicians. They came from the
village of the bridegroom, which was about a mile distant. The
marriage was not to take place till the feast after Rhamadan.
There are very few plants here. A species of asclepias, with milky
juice; the agoul, apparently a species of ulex, has a fine red
papilionaceous flower; species, with small obovate leaves, pod small
and obtuse at the apex. A species of sweet-smelling rue, and two
other plants in fruit, one like a veronica, and the other I have not
seen a similar one before.
Friday, June 14. Rain sometimes falls in the valley, sufficient to
overflow the surface, and form mountain torrents. But it has no
regular periods; five, eight, and nine years frequently intervening
between each time. Thus no trust can be placed in the occurrence of
rain, and no application made in agricultural concerns. The sheikh of
this town is Ali, a good natured Tiboo, exceedingly poor, but very
attentive, and always in good humour. The place is so poor, that we
had sometimes to wait half a day before we could get a couple of
fowls, or a feed of dates or barley for our horses. We are in hourly
expectation of camels from friends of Hateeta, for the purpose of
conveying us to Ghraat.
There are a number of ants, of a species different from any I have
seen in North Africa. Colour, a light shining brown, speckled with a
silvery white, a strong pair of nippers, like the large claws of a crab.
They run with great swiftness.
Saturday, June 15. No camels have arrived, and we are obliged to
remain; much against our inclination. Hateeta was conversing
yesterday on the difficulty we experienced in getting away from
Mourzuk, from obstacles thrown in our way by the people. He said
that the dread they had of the Tuaricks was unfounded, and we
would soon be convinced of it. He further added, that he could, by
his influence alone, conduct us in perfect safety to Timbuctoo, and
would answer with his head. He was indignant at the feelings the
people of Mourzuk had against the Tuaricks, who, he said, pride
themselves in having but one word, and performing what they
promise.
Sunday, June 16. Our camels have not yet arrived; but we were
able to hire two from one Mahomet El Buin, and with these we
proceeded on to Germa. Our course lay along the wadey, which
grew finer and finer as we advanced, the number of gummah and
gussub fields and date groves increasing. The hills formed some
small recesses; the tops of most were level, and all of the same
height. Passed several villages built all in the same manner.
Notwithstanding the nearness and fitness of the stone, the salt
mould is preferred; perhaps from the want of lime, and the ease with
which the house is erected. Another thing: so very little rain falls, that
there is no danger of the fabric falling. Near Break passed some
imperfect inscriptions, apparently Arabic.
About eleven arrived at Germa, a larger town than any in the
wadey, but both walls and houses have the marks of time. We waited
in the house of the kaid till our camels came up. The sheikh,
Mustapha ben Ussuf, soon visited us. He is an old man, a
Fezzaneer, dark complexion, arch of nose small, tip depressed, and
alæ expanded, lips a little thick, but mouth not large, hair black, and
from the appearance of the beard, woolly. His ancestors are natives
of this place; and his features may be considered as characteristic of
the natives of Fezzan.
Monday, June 17. We had many accounts of inscriptions being
here, which the people could not read. We were conducted to-day by
Sheikh Mustapha to examine a building, different, as he stated, from

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