ffi

i1

vs.

C{VILIf,VMN
et al,

DANIEL E MORELLO,
Defendants.

CASE NO-:

5(}Zfi}t{A{t't05tffi

srArE

oF

Califomia omnge
)SS:

coLTNTY

oF

AFFIDAVIT OF LOST ORIGINAL DOCUMENT

BEFORE ME, the undersigned authority, personally appeared who being duly sworn, deposes and says:
Cindi Ellis

1.

of the Plaintiff in the above styled action. Affiant has custody and personal knowledge of the account pertaining the original mortgage ioan instruments. Aff,rant
has actual and personal knowledge of the facts stated herein and is authorized to make this

Affiant

is

Assi$ant Sccrctary

Affidavit

2.

The original Note, which was executed and delivered by , on January 31,2007 has been lost or destroyed. It is not presently in the custody or control of the Plaintiff or any of Plaintiffs agents. Affiant is unaware of the time or circumstances surrounding the loss or destruction of said Note. The copy of said Note attached to the Complaint is a true, correct and substantial copy of the lost or destroyed Note. The persons named inlthe Complaint are the only persons known to Plaintiff, or any of its agents, who are interested for or against reestablishment of the subject Note.

3.

Plaintiff was in possession of the subject Note and was entitled to enforce

it

when loss of

possession occurred. The loss of possession was not the result of a transfer by Plaintiff or a lawful seizure. Plaintiffcannot reasonably obtain possession ofthe subject Note because its whereabouts cannot be determined. Pursuant to Florida Statute 613.3091, Plaintiff hereby holds the Defendant obligor (s) of the Note harmless and agrees to indemnify them from any loss they may incur by reason of a claim by any other person/entity to enforce the lost Note.

FURTHER AFFIANT SAYETH NAUGHT

CindiEllis

ribed before me,

this l-

lt

o^r,t l^fq

Affiant

Commissioned Name of Notary Public or produced identificqtion Personally known _ Type of Identification Produced

[ffi;;tw,l

08-63626