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Wells Fargo Bank NA Deed Donation - Property at 767 University Avenue along with Cash ContributionTHE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Wells Fargo donation of 767 University Avenue DATE: August 28, 2014 Dubuque band AI -America City r 2007 • 2012 • 2013 Director of Housing and Community Development Alvin Nash is recommending the City accept donation of the property at 767 University Avenue from Wells Fargo Bank. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:sv Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Alvin Nash, Director of Housing and Community Development THE CITY OF DIJ1fibUi Masterpiece on the Mississippi Dubuque herd All -America City '111' 2007 • 2012 • 2013 To: Michael Van Milligen, City Manager From: Alvin Nash, Director of Housing and Community Development Subject: Wells Fargo donation of 767 University Ave Date: August 28, 2014 Background We were contacted by the Wells Fargo Real -Estate Division by Elise Kooistra-Sullivan the Donation's Asset Manager for Wells Fargo, Premiere Asset Services. They recently obtained a property at 767 University Ave, Dubuque, Iowa 52001 that is eligible for donation. They are offering the property to the City of Dubuque along with a $20,000 cash contribution. Wells Fargo will provide marketable title to the property, pay taxes up to the day of closing, pay all past utility bills and pay for closing costs to transfer title. Wells Fargo's REO Donation program is designed to facilitate the transfer of Wells Fargo owned or serviced REO properties to cities and public nonprofits that provide sustainable homeownership or rental opportunities to low/moderate-income (LMI) families. In an effort to stabilize neighborhoods and prevent blight, Wells Fargo expects all donated properties to be secured and maintained until they can be rehabilitated and occupied. Discussion We have reviewed and inspected the property and believe it is a good fit for us to receive, rehab and sell as a single family unit and meet our goals of eliminating marginal properties and getting them back on the market. I recommend that we accept the property and I will begin to put together a rehabilitation program which will include finding funding to rehab and creating a time table to sell. Recommendation I would recommend that the City accept the donation and add it to our lists of rehabilitation projects. Prepared by: Erica Haugen, Community Development Specialist, 350 W. 6th St. Phone: 589-4212 Return to: Alvin Nash, Housing & CD Director, Address: 350 W. 6th St, Phone: 589-4239 RESOLUTION NO. 281-14 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM WELLS FARGO BANK, N.A. Whereas, Wells Fargo Bank, N.A. has offered to donate real estate, known locally as 767 University Avenue (the Property), to the City of Dubuque and to contribute twenty thousand dollars ($20,000) to the City for either the rehabilitation or demolition of the Property; and Whereas, the City of Dubuque entered into an Agreement with Wells Fargo Bank, N.A., a copy of which is attached hereto, for the conveyance of the Property legally described as follows: LOT 1 OF LOT 2 OF LOT 3 OF THE SUBDIVISION OF OUT LOT 738 IN THE CITY OF DUBUQUE, IOWA, AND A RIGHT OF WAY OVER LOT 3 OF LOT 3, AND OVER THE EAST 20 FEET OF LOT 8, OF THE SUBDIVISION OF OUT LOT 738, IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF; and Whereas, the Agreement contains an addendum which covers the donation of the funds for rehabilitation or demolition; and Whereas, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby approves the Agreement and accepts the monetary donation and Deed from Wells Fargo Bank, N.A. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. Passed, approved and adopted this 2nd day of Septem.� F, 2Q14. Attest: Trish L. Gleason, Assistant City Clerk Roy D. Buol, Mayor DONATION AGREEMENT This is a Donation Agreement (the "Donation Agreement") for certain real property located at 767 UNIVERSITY AVE, DUBUQUE, IA 52001 ("Property"), dated and effective as of this 28TH day of AUGUST, 2014, between Wells Fargo Bank, N.A., a national banking association ("Donor") and CITY OF DUBUQUE, IOWA, a municipal corporation ("Donee"). RECITALS This Donation Agreement is made and entered into on the basis of the following facts and understandings of the parties hereto: A. Donor acquired the Property identified on Exhibit A through the foreclosure process. B. Donor did not originally construct any of the improvements forming part of the Property. Donor has not occupied the Property for its own use. C. Due to Donor's lack of familiarity with the Property, Donor is unwilling to make any representations or warranties whatsoever regarding the Property and Donor is only willing to grant Donee the Property on an "as is, where is" and "with all faults" basis. D. Donee has been given a full and complete opportunity to conduct its own investigation as to any matter, fact or issue that might influence Donee's decision to accept the Property from Donor. Accordingly, Donee is willing to accept the Property from Donor without any representations or warranties whatsoever regarding the Property and on an "as is, where is" and "with all faults" basis. AGREEMENT 1. DONATION. 1.1 Closing Costs. Donor shall pay all costs associated with the transfer of the Property, including but not limited to attorney's fees, agents fees and recording costs ("Closing Costs"). 1.2 Transfer. Donor agrees to donate the Property to Donee and Donee agrees to accept the Property from Donor on the terms and conditions set forth herein. In consideration of Donor's transfer of the Property to Donee, Donee shall perform all of Donee's obligations hereunder including but not limited to the release set forth in Section 2.2 of this Donation Agreement. 1.3 Title. Title shall be transferred on the Closing Date via a quit claim deed or its equivalent. 1.4 Further Assurances. Donee and Donor agree to execute all instruments and documents and to take all actions reasonably necessary and appropriate to consummate the transfer and donation of the Property and shall use their best efforts to close in a timely manner. 2. ACKNOWLEDGMENTS, AND RELEASE. 2.1 DONEE'S ACKNOWLEDGMENTS. DONEE ACKNOWLEDGES THAT DONEE IS ACCEPTING THE PROPERTY SOLELY IN RELIANCE ON DONEE'S OWN INVESTIGATION, AND THE PROPERTY IS IN "AS IS, WHERE IS" CONDITION WITH ALL FAULTS AND DEFECTS, LATENT OR OTHERWISE. DONEE EXPRESSLY ACKNOWLEDGES THAT, IN CONSIDERATION OF THE AGREEMENT OF DONOR HEREIN, AND EXCEPT AS OTHERWISE SPECIFIED HEREIN, DONOR MAKES AND HAS MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OR ARISING BY OPERATION OF LAW, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY AS TO CONDITION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, WITH RESPECT TO THE PROPERTY OR ANY MATTER RELATED THERETO, OR (WITHOUT LIMITATION) TO ANY OF THE FOLLOWING MATTERS: (a) Soils, Etc. Soils, seismic, hydrological, geological and topographical conditions and configurations. (b) Artifacts. Archeological, prehistoric and historic artifacts, remainsand relics. (c) Endangered Species. Endangered plant, animal and insect species. (d) Hazardous Materials. Hazardous Materials and other environmental conditions, including without limitation, lead-based paint, asbestos and mold. (e) Physical Defects. Physical and mechanical defects in or on any Property, including without limitation, the plumbing, heating, air conditioning and electrical systems and the roof, floor, ceilings, walls and other internal structural components of any buildings or improvements. (f) Land and Floor Area. The area of the land and the square footage contained in any buildings or improvements. (g) Utilities, Schools, Etc. Availability of adequate utilities, water, schools, public access, and fire and police protection. (h) Assessment Districts. The status and nature of any assessment districts and the amount of any assessment liability. 2 (i) Planning and Zoning. Present, past or future conformity of any Property with planning, building, zoning, subdivision and development statutes, ordinances, regulations and permits, the general plan and the specific plan. (j) Development Fees. The character and amount of any fee, charge or other consideration which must be paid by Donee to develop any Property. (k) Title. The condition of title to any Property, including but not limited to the existence of any easement, license or encroachment whether or not a matter of public record, and whether or not visible upon inspection of such Property. (1) Taxes. The status of any general or special real property taxes or assessments or personal property taxes or any other taxes and assessments applicable to the Property. (m) Owner's Association. The financial condition of any owner's association, including, without limitation, the adequacy of any reserves held by any owner's association. (n) Other Matters. Any other matter relating to any Property or to the development or operation of any Property, including, but not limited to, value, feasibility, cost, governmental permissions or entitlements, marketability and investment return. 2.2 RELEASE. (a) RELEASE. DONEE FULLY RELEASES AND DISCHARGES DONOR FROM AND RELINQUISHES ALL RIGHTS, CLAIMS AND ACTIONS THAT DONEE MAY HAVE OR ACQUIRE AGAINST DONOR WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THE CONDITION OF THE PROPERTY, INCLUDING WITHOUT LIMITATION (A) ANY MATTER SET FORTH IN SECTION 2.1 ABOVE, (B) THE PRESENCE OF HAZARDOUS MATERIALS ON, UNDER OR ABOUT ANY PROPERTY (INCLUDING BUT NOT LIMITED TO ANY UNDISCOVERED HAZARDOUS MATERIALS LOCATED BENEATH THE SURFACE OF THE PROPERTY) AND (C) VIOLATIONS OF ANY HAZARDOUS MATERIALS LAWS PERTAINING TO THE PROPERTY OR THE ACTIVITIES THEREON. THIS RELEASE APPLIES TO ALL DESCRIBED RIGHTS, CLAIMS AND ACTIONS, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, PRESENT OR FUTURE. 3 (b) MEANING. FOR PURPOSES OF THIS SECTION 2.2, ALL REFERENCES TO "DONOR" SHALL INCLUDE: (A) DONOR'S PARENT, SUBSIDIARY AND AFFILIATE CORPORATIONS, (B) DONOR'S DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AGENTS, AND (C) THE HEIRS, SUCCESSORS, PERSONAL REPRESENTATIVES AND ASSIGNS OF DONOR'S DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AGENTS. (c) EFFECTIVENESS. THE PROVISIONS OF THIS SECTION 2 SHALL BE EFFECTIVE AS OF THE CLOSING DATE AND SHALL SURVIVE THE CLOSING DATE OR TERMINATION OF THIS DONATION AGREEMENT. 3. CLOSING DATE. IF THE CLOSING DATE DOES NOT TIMELY OCCUR DUE TO THE DEFAULT OF DONEE, (A) DONEE SHALL HAVE NO FURTHER RIGHT TO RECEIVE THE PROPERTY AND (B) DONOR SHALL BE FREE TO DISPOSE OF THE PROPERTY IN ANY WAY IT SEES FIT. 4. GENERAL PROVISIONS 4.1 Successors and Assigns. This Donation Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties. Notwithstanding the foregoing, Donee may not transfer, assign or encumber Donee's rights under this Donation Agreement without Donor's prior written approval. 4.2 Entire Agreement. This Donation Agreement contains the entire agreement between the parties concerning the Donation and sale of the property, and supersedes all prior written or oral agreements between the parties to this Donation Agreement. No addition to or modification of any term or provision shall be effective unless in writing, signed by both Donor and Donee. 4.3 Time of Essence. Donor and Donee hereby acknowledge and agree that time is strictly of the essence with respect to each term and condition of this Donation Agreement and that the failure to timely perform any of the terms and conditions by either party shall constitute a breach and default under this Donation Agreement by the party failing to so perform. 4.4 Partial Invalidity. If any portion of this Donation Agreement shall be declared by any court of competent jurisdiction to be invalid, illegal or unenforceable, that portion shall be deemed severed from this Donation Agreement and the remaining parts shall remain in full force as fully as though the invalid, illegal or unenforceable portion had never been part of this Donation Agreement. 4 4.5 Governing Law. The parties intend and agree that this Donation Agreement shall be governed by and construed in accordance with the laws of the state in which the Property is located. 4.6 No Third Parties Benefits. No person other than Donor and Donee, and their permitted successors and assigns, shall have any right of action under this Donation Agreement. 4.7 Waivers. No waiver by either party of any provision shall be deemed a waiver of any other provision or of any subsequent breach by either party of the same or any other provision. 4.8 Captions. The captions and Section numbers of this Donation Agreement are for convenience and in no way define or limit the scope or intent of the Sections of this Donation Agreement. 4.9 Counterparts. To facilitate execution, this Donation Agreement may be executed in as many counterparts as may be convenient or required. It shall not be necessary that the signature of, or on behalf of, each party, or that the signature of all persons required to bind any party, appear on each counterpart. All counterparts shall collectively constitute a single instrument. It shall not be necessary in making proof of this instrument to produce or account for more than a single counterpart containing the respective signatures of, or on behalf of, each of the parties hereto. Any signature page to any counterpart may be detached from such counterpart without impairing the legal effect of the signatures thereon and thereafter attached to another counterpart identical thereto except having attached to it additional signature pages. 4.10 No Presumption. All the parties hereto and their attorneys have had full opportunity to review and participate in the drafting of the final form of this Donation Agreement and all documents attached as exhibits. Accordingly, such documents shall be construed without regard to any presumption or other rule of construction whereby any ambiguities within this Donation Agreement would be construed or interpreted against the party causing the document to be drafted. 4.11 Notices. Any notices or other communication required or permitted under this Donation Agreement shall be in writing, and shall be (a) personally delivered, or (b) sent by certified or registered United States mail, postage prepaid, return receipt requested, or (c) by overnight delivery by a reputable courier to the address of the party set forth in this Section or (d) telecopied to the Fax number of the party set forth in this Section. Such notice or communication shall be deemed given (i) if sent by personal delivery or by overnight courier, when delivered in person, (ii) if sent by telecopier, when evidence of successful transmission by telecopier has been received by sender or, (iii) in the case of mailed notice, forty-eight (48) hours following deposit in the United States mail. Notice of change of address shall be given by written notice in the manner detailed in this Section. 5 If to the Donee: CITY OF DUBUQUE, IOWA, A MUNICIPAL CORPORATION Attn: Alvin Nash, Director & Housing & Community Development 350 W. 6th Street, Suite 312 Dubuque, IA 52001 If to the Donor: Wells Fargo Bank, N.A. 1 Home Campus Des Moines, Iowa 50328-0001 Attention: Laura Krogh, MAC# X2301-049 With a copy to: Wells Fargo Bank, N.A. 800 Walnut Street Des Moines, Iowa 50309 Attention: Assistant General Counsel, MAC N0001 -11B 4.12 Joint and Several. If more than one person or entity has executed this Donation Agreement as Donee, the obligations of all such persons or entities hereunder shall be joint and several. [Signatures on the next page] 6 DONEE: CITY OF DUBUQUE, IOWA, A MUNICIPAL CORPORATION Signature: Print Name: .1 v Y1 160 Title: HMG `K) 4- a 11(1 maul De 0- 10 rVvi e VL{ p 1 "1-{' 0 -YL DONOR: WELLS FARGO BANK, N.A. Signature: Orrio OD 0U -1.-k-&__. Print Na + e: �ei / r �7 Title: Mb / 4 ai 1 EXHIBIT "A" PROPERTY ADDRESS 767 UNIVERSITY AVE DUBUQUE, IA 52001 LEGAL DESCRIPTION LOT 1 OF LOT 2 OF LOT 3 OF THE SUBDIVISION OF OUT LOT 738 IN THE CITY OF DUBUQUE, IOWA, AND A RIGHT OF WAY OVER LOT 3 OF LOT 3, AND OVER THE EAST 20 FEET OF LOT 8, OF THE SUBDIVISION OF OUT LOT 738, IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF. PARCEL: 1025104012 Exhibit A OFAC CERTIFICATE Pursuant to the Bank Secrecy Act and requirements specified by the Department of the Treasury's Office of Foreign Assets Control ("OFAC"), Wells Fargo Bank, N.A. will not engage in any transactions with any individual or entity that either appears on the list of Specially Designated Nationals and Blocked Persons, Specially Designated Terrorists, Specially Designated Narcotics Traffickers or that Wells Fargo Bank, N.A. suspects to be involved in a suspicious transaction or one in violation of federal law. Therefore, the following information must be provided. If Buyer fails to provide this information, Wells Fargo Bank, N.A. will not consider your offer. This information will only be used for the sole purpose of screening against OFAC and WorldCheck lists. Please provide the following information: Buyer 1 First Name: Middle Name: Last Name: Address: City: State: Zip: Country: DOB: Phone #: Buyer 2 First Name: Middle Name: Last Name: Address: City: State: Zip: Country: DOB: Phone #: Buyer 3 First Name: Middle Name: Last Name: Address: City: State: Zip: Country: DOB: Phone #: Buyer's Agent Information First Name: Last Name: Company: Address: City: State: Zip: Email: Phone #: Fax # : Buyer's Company/Corporation/Partnership If buyer is a Company/Corporation/Partnership or is not purchasing as an individual, buyer must provide full company/ corporation name and Articles of Incorporation and signing authority. Full Name of Company/ Corporation and Address: CITY OF DUBUQUE, IOWA, A MUNICIPAL CORPORATION List All Principal Owners of Partnership or LLC. Include individual tax ID, address and dates of birth for each. If the buyer is a non-profit organization, please list all signer's names (including non -board members) as well as all individuals with principal ownership or financial interest in the non-profit organization.: Corporation Tax ID: If Wells Fargo Bank, N.A. finds in it sole and absolute discretion that any purchaser meets the criteria as described above, the offer, purchase agreement or other documents executed in connection with the purchase of the property shall be of no effect, and shall be immediately cancelled. No party shall be liable to the other party in any way, for any claims whatsoever. Any earnest money shall be returned. A DI 11 In 11011 11 Doc ID 008180980005 Type GEN Kind: RESOLUTION Recorded: 02/06/2015 at 04:15:11 PM Fee Amt: $27.00 Page 1 of 5 Dubuque County Iowa John Murphy Recorder F11e2015-00001357 Prepared by: Erica Haugen, Community Development Specialist, 350 W. 6th St. Phone: 589-4212 Return to: Alvin Nash, Housing & CD Director, Address: 350 W. 6th St, Phone: 589-4239 RESOLUTION NO. 281-14 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM WELLS FARGO BANK, N.A. Whereas, Wells Fargo Bank, N.A. has offered to donate real estate, known locally as 767 University Avenue (the Property), to the City of Dubuque and to contribute twenty thousand dollars ($20,000) to the City for either the rehabilitation or demolition of the Property; and Whereas, the City of Dubuque entered into an Agreement with Wells Fargo Bank, N.A., a copy of which is attached hereto, for the conveyance of the Property legally described as follows: LOT 1 OF LOT 2 OF LOT 3 OF THE SUBDIVISION OF OUT LOT 738 IN THE CITY OF DUBUQUE, IOWA, AND A RIGHT OF WAY OVER LOT 3 OF LOT 3, AND OVER THE EAST 20 FEET OF LOT 8, OF THE SUBDIVISION OF OUT LOT 738, IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF; and Whereas, the Agreement contains an addendum which covers the donation of the funds for rehabilitation or demolition; and Whereas, the terms of the Agreement have now been met. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby approves the Agreement and accepts the monetary donation and Deed from Wells Fargo Bank, N.A. ,ta7.00 c 2. The City Clerk is hereby authorized and directed to record this Resolution and the Deed with the Dubuque County Recorder. Passed, approved and adopted this 2nd day of Septemb" 2914. Attest: Trish L. Gleason, Assistant City Clerk Roy D. Buol, Mayor CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified, Assistant City Clerkof the City of Dubuque, Iowa, in the County aforesaid, and as such Assistant City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 281-14 is a correct copy of the original Resolution No. 281-14 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 2nd day of September, 2014. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 3rd day of September, 2014. Trish L. Gleason, Assistant City Clerk -Pagr1of2 r 11111 11 Hil aou HI VYYII 111111 II Doc ID. 008141680002 Type GEN Kind QUIT CLAIM DEED Recorded: -11/14/2014 at 10:01:37 AM Fee Amt: $17.00 Page 1 of 2 Revenue Tax: $0.00 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e201440012861 Prepared by:Gomez May LLP Jayme Nies 2322 E Kimberly Rd Davenport, Iowa 52807 Address Tax Statement:City of Dubuque 350 W 6th St Ste 312 Dubuque, Iowa 52001 aeropr, m mi (top [XJ inches reserved for recording data) ,yUAo a Return to:City of Dubuque 350 W 6th St Ste 312 Dubuque, Ia 52001 QUITCLAIM DEED THIS QUITCLAIM DEED, by Grantor, Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-11E4, Mortgage Pass -Through Certificates, Series 2006-HE4 who acquired title as Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-HE4, whose tax mailing address is 8480 Stagecoach Circle, Frederick, MD 21701, for consideration paid, quitclaims to Grantee, City of Dubuque, Iowa, A Municipal Corporation, whose address is 250 W. 6th St. Suite 312, Dubuque, IA 52001. WITNESSETH, That the said first party, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the second party, the receipt of which is hereby acknowledged does or do by these presents QUITCLAIM unto the said Grantee its successors and assigns forever, all the right, title, interest and claim, if any, which the said Grantor has in and to the following described parcel of land, and the improvements and appurtenances thereto in the County of Dubuque, State of Iowa to wit: Commonly Known As: 767 University Ave. Dubuque, IA 52001 Parcel No.: 1025104012 Legal Description: Lot 1 of Lot 2 of Lot 3 of the Subdivision of Out Lot 738 in the City of Dubuque, Iowa, and a Right of Way over Lot 3 of Lot 3, and over the East 20 feet of Lot 8, of the Subdivision of Out Lot 738, in the City of Dubuque, Iowa, according to the recorded plat thereof. The property hereinabove described was acquired by the Grantor by instrument and recorded as Document number 201400001988, Dubuque County, State of Iowa. 210 -NTL -V3 jp0 f lgic lum er: 20 i 4-00012$61 Seq: 1 Page iof 2 IN WITNESS WHEREOF, the said Grantor has signed these presents. Signed, sealed and delivered in the presence of Witness: Name: Witness: Name. /bed' Wells Fargo Bank, N.A., as attorney in fact for Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-HE4, Mortgage Pass -Through Certificates, Series 200641E4 who acquired title as Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-HE4 State of Iowa By: Its: Date: 9. LSO' TAMARA A STONE Y�ce President loan Uocumentation County Dallas On this X11 day of S , A.D. 201 , before me, a Notary Public in and for said county, personally appeared 7 me personally known, who being by me duly sworn (or affirmed) did say that that person is Vii--) (title) of said Wells Fargo Bank, N.A. as attorney in fact for Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2006-HE4, Mortgage Pass -Through Certificates, Series 2006-HE4 who acquired title as Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital I Inc. Trust 2101- E4, by authority of its board of (directors or trustees) and the said(officer's name) /n-.-- acknowledged the execution of said instrument to be the voluntary act and deed of said (corporation or association) by it voluntarily executed. 210 -NTL -V3 (Signature) (Stamp or Seal) CHINA LEM _: Commission Number 766656 • My Commission Expires OW February 10, 2017 File Number: 2014-00012861 Seq: 2