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Home Court filings USA v. Tisone Daniel Joseph Tisone COVID relief fraud case — U.S. District Court, M.D. Fla. Exhibit D — USA v. Tisone (Dkt. 79.4)

Court filing

Exhibit D — USA v. Tisone (Dkt. 79.4)

Summary

Exhibit D, filed 02/07/23 as Document 79-4 in Case 2:22-cr-00039-SPC-NPM in the U.S. District Court for the Middle District of Florida, is a recorded Limited Power of Attorney in which Wilmington Savings Fund Society, FSB, as trustee for the holders of SGRMT 2021-2 Mortgage Pass-Through Certificates, appoints Select Portfolio Servicing, Inc. as its attorney-in-fact for mortgage loans and REO properties under an agreement dated as of October 29, 2021. It lists the transactions covered, among them modifications, assignments, releases and foreclosures, takes effect as of October 29, 2021, and is executed by Mary Emily Pagano, Assistant Vice President, with a Delaware notarial acknowledgement.

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Filed February 7, 2023 in USA v. Tisone; one of 84 filings from this case.

Record facts

CourtU.S. District Court for the Middle District of Florida
Filed2023-02-07

Cite this document

“Exhibit D — USA v. Tisone (Dkt. 79.4).” U.S. District Court for the Middle District of Florida, No. 2:22-cr-00039-SPC-NPM, Doc. 79-4, filed 2023-02-07. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/full-docket-daniel-joseph-tisone-flmd-401005/2023-02-07-gov-uscourts-flmd-401005-79-4-doc-79-4/, SHA-256 9ae45a77c83abe3ab300e73ba4359a32855841d864ef455127380be3e0f4f8cf.

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Full text

Case 2:22-cr-00039-SPC-NPM     Document 79-4     Filed 02/07/23     Page 1 of 6 PageID 513
EXHIBIT D
Case 2:22-cr-00039-SPC-NPM     Document 79-4     Filed 02/07/23     Page 2 of 6 PageID 514
E 3477012 & S010 F 208-207

Prepared by: RICHARD T. HAUGHOR

Bryce Braegger oes COUNTY, LTA SECORDER
Recording requested by and SSIG AUR? O81 at

When recorded return to: FEE $40.00 Fess 5

Select Portfolio Servicing, Inc. DEF RTT REC'D FOR SELECT FORTFOL IC
3217 S. Decker Lake Dr. CERUICTHG INC

Salt Lake City, UT 84119

LIMITED POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS, that Wilmington Savings Fund Society, FSB,
not in its individual capacity but solely as trustee for the holders of SGRMT 2021-2
Mortgage Pass-Through Certificates, (the “Trustee”), having an office at 500 Delaware
Avenue, 11th Floor, Wilmington, Delaware 19801, pursuant to the Mortgage Loan Servicing
Assignment, Assumption and Recognition Agreement, dated as of October 29, 2021 (the
“Agreement”), hereby constitutes and appoints Select Portfolio Servicing, Inc., (“SPS”),
whose address is 3217 S. Decker Lake Dr., Salt Lake City, Utah 84119, by and through SPS’s
officers, the Trustee’s true and lawful Attorney- in-Fact, in the Trustee’s name, place and stead
and for the Trustee’s benefit, in connection with all mortgage loans and REO properties subject
to the terms of the Agreement for the purpose of performing all acts and executing all
documents in the name of the Trustee as may be customarily and reasonably necessary and
appropriate to effectuate the following enumerated transactions in respect of any of the
mortgages or deeds of trust (the “Mortgages” and the “Deeds _of Trust” respectively) and
promissory notes secured thereby (the “Mortgaye Notes”) for which the undersigned is the
Trustee (whether the undersigned is named therein as mortgagee or beneficiary or has become
mortgagee by virtue of endorsement of the Mortgage Note secured by any such Mortgage or
Deed of Trust) and for which the Servicer is performing servicing activities all subject to the
terms of the Agreement.

This appointment shall apply to the following enumerated transactions only:

1. The modification or re-recording of a Mortgage or Deed of Trust, where said
modification or re-recording is for the purpose of correcting the Mortgage or Deed of
Trust to conform same to the original intent of the parties thereto or to correct title
errors discovered after such title insurance was issued and said modification or
rerecording, in either instance, does not adversely affect the lien of the Mortgage or
Deed of Trust as insured.

2, The subordination of the lien of a Mortgage or Deed of Trust to an easement; this
section shall include, without limitation, the execution of partial satisfactions/releases,
partial reconveyances or the execution or requests to trustees to accomplish same.

3. The conveyance of the properties to the mortgage insurer, or the closing of the title to
the property to be acquired as real estate owned, or conveyance of title to real estate
owned,
Case 2:22-cr-00039-SPC-NPM     Document 79-4     Filed 02/07/23     Page 3 of 6 PageID 515
4, The completion of loan assumption agreements, estoppel certificates, financing
Statements, continuation statements, releases, reconveyances, loan modification
agrcements, payment plans, waivers, consents, amendments, forbearance agreements,
property adjustment agreements, management agrecments, listing agreements, and
purchase and sale agreements.

5. The full satisfaction/telease of a Mortgage or Deed of Trust or full conveyance upon
payment and discharge of all sums secured thereby, including, without limitation,
cancellation of the related Mortgage Note.

6 The assignment of any Mortgage or Deed of Trust and the related Mortgage Note, in
connection with the repurchase of the mortgage loan secured and evidenced thereby.

7. The full assignment of a Mortgage or Deed of Trust upon payment and discharge of all
sums secured thereby in conjunction with the refinancing thereof, including, without
limitation, the assignment of the related Mortgage Note.

& With respect to a Mortgage or Deed of Trust, the foreclosure, the taking of a deed in
lieu of foreclosure, or the completion of judicial or non-judicial foreclosure or
termination, cancellation or rescission of any such foreclosure, including, without
limitation, any and all of the following acts:

a the substitution of trustee(s) serving under a Deed of Trust, in accordance with
state law and the Deed of Trust;

b the preparation and issuance of statements of breach or non-performance;

G the preparation and filing of notices of default and/or notices of sale;

d the cancellation/rescission of notices of default and/or notices of sale;

c the taking of a deed in lieu of foreclosure; and

f the preparation and execution of such other documents and performing such

other actions as may be necessary under the terms of the Mortgage, Deed of
Trust or state law to expeditiously complete said transactions in paragraphs 8(a)
through 8(e), above.

9, Execute and/or file such documents and take such other action as is proper and necessary
to defend the Trustee in litigation and to resolve any litigation where the Servicer has an
obligation to defend the Trustee, including but not limited to dismissal, termination,
cancellation, rescission and settlement.

10. Endorse on behalf of the undersigned all checks, drafts and/or other negotiable
instruments made payable to the undersigned.
Case 2:22-cr-00039-SPC-NPM     Document 79-4     Filed 02/07/23     Page 4 of 6 PageID 516
Il. Execute any document or perform any act in connection with the administration of any
PMI policy or LPMI policy, hazard or other insurance claim relative to the Loans or
related Property.

12 Execute and deliver any documentation with respect to the sale, maintenance,
preservation, renovation, repair, demolition or other disposition, of REO Property
acquired through a foreclosure or decd-in-lieu of foreclosure. including, without
limitation: permits, remediation plans or agreements, certifications, compliance
certificates, health and safety certifications, listing agreements; purchase and sale
agreements; grant / limited or special warranty / quit claim deeds or any other deed, but
not general warranty deeds, causing the transfer of title of the property to a party
contracted to purchase same; escrow instructions; and any and all documents necessary
to effect the transfer of REO Property.

13. To execute, record, file and/or deliver any and all documents of any kind for the purpose
of fulfilling any servicing duties, including but not limited to those listed in
subparagraphs (1) through (12), above, where Trustee's interest is designated, stated,
characterized as or includes any reference to one or more of the following: “Indenture
Trustee”, “Owner Trustee”, "Successor Trustee", "Successor in Interest", "Successor to”
“Successor by Merger”, "Trustee/Custodian", "Custodian/Trustee” or other similar
designation.

Trustee also grants unto Servicer the full power and authority to correct ambiguities and
errors in documents necessary to effect or undertake any of the items or powers set forth in items
(1) to (13) above.

The execution and delivery of this Limited Power of Attomey by Trustee shall
not be (or be deemed) a waiver or discharge of any representation, warranty, covenant or
agreement of the Trustee or SPS in or under the Agreement (other than a discharge of the
obligations of the Trustee under the Agreement to execute and deliver this Limited Power of
Attorney), and such execution and delivery shall not be (or be deemed) a modification or
amendment of any provision of the Agreement in any respect.

This Limited Power of Attorney may be amended, modified, supplemented or
restated only by a written instrument executed by the Trustee and SPS. The terms of this
Limited Power of Attorney may be waived only by a written instrument executed by the
party waiving compliance.

This Limited Power of Attorney shall inure to the benefit of, and be binding upon,
the Trustee and SPS and their respective successors and assigns; provided, however, that SPS
shall not assign any of the rights under this Limited Power of Attomey (except by
merger or other operation of law) without the prior written consent of the Trustee, and any
such purported assignment without such consent shall be void and of no effect.

This Limited Power of Attorney shall be governed by and construed and enforced
in accordance with the laws of the State of New York, without regard to any conflicts of law
Case 2:22-cr-00039-SPC-NPM     Document 79-4     Filed 02/07/23     Page 5 of 6 PageID 517
rules that might apply the Laws of any other jurisdiction.

The undersigned gives said Attomey-in-Fact full power and authority to execute
such instruments and to do and perform all and every act and thing necessary and proper to
carry into effect the power or powers granted by or under this Limited Power of Attorney,
each subject to the terms and conditions set forth in the Agreement and in accordance with
the standard of care set forth in the Agreement as fully as the undersigned might or could do.
and hereby does ratify and confirm to all that said Attorney-in-Fact shall lawfully do or
causc to be done by authority hereof. This Limited Power of Attorney shall be effective as of
October 29, 2021.

Third parties without actual notice may rely upon the exercise of the power granted
under this Limited Power of Attorney; and may be satisfied that this Limited Power of
Attorney shall continue in full force and effect and has not been revoked unless an instrument
of revocation has been made in writing by the undersigned.

Nothing contained herein shall (i) limit in any manner any indemnification provided
by SPS to the Trustee under the Agreement, or (ii) be construed to grant SPS the power to
initiate or defend any suit, litigation or proceeding in the name of Wilmington Savings
Fund Society, FSB in its individual capacity. If SPS receives any notice of suit, litigation
or proceeding in the name of Wilmington Savings Fund Society, FSB, in its individual
capacity, then SPS shall promptly forward a copy of same to such party.

This Limited Power of Attorney is not intended to extend the powers granted to
SPS under Agreement or to allow SPS to take any action with respect to security
instruments or promissory notes (or other evidence of indebtedness) not authorized by the
the Agreement.

SPS hereby agrees to indemnify and hold Wilmington Savings Fund Society, FSB, and
its directors, officers, employees and agents harmless from and against any and all liabilities,
obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or
disbursements of any kind or nature whatsoever incurred by reason or result of or in connection
with its misuse of the powers granted to it hereunder. ‘he foregoing indemnity shall survive the
termination of this Limited Power of Attomey and the Agreement or the resignation or removal
of the Trustee under the Agreements.

(Signature page follows)
Case 2:22-cr-00039-SPC-NPM     Document 79-4     Filed 02/07/23     Page 6 of 6 PageID 518
WITNESS my hand and seal this 27" day of January, 2022.

NO CORPORATE SEAL
Wilmington Savings Fund Society, FSB, not
in its individual capacity but solely as
trustee for the holders of SGRMT 2021-2
Mortgage Pass-Through Certificates

Witness: Devon C. A. Reverdito Name: Mary Emily Pagano
Title: Assistant Vice President

KE

Witness: Kyle Broadbent

CORPORATE ACKNOWLEDGEMENT

STATE OF _DELAWARE

COUNTY OF NEW CASTLE

On the 27" day of January, in the year 2022, before me, the undersigned, personally appeared
Mary Emily Pagano, Assistant Vice President of Wilmington Savings Fund Society, FSB,
personally known to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their capacity(ies), and that by_his/her/their
signature(s) on the instrument, the individual(s), or person upon behalf of which the individual(s)
acted, executed the instrument.

WITNESS my hand and official seal.

TAYLOR LEE OHLINGER

Notary Public
Signature: State of Delaware

Notary Public
My commission expires: November 8, 2023

My Commission Expires on Nov 8, 2023


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