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NOTICE OF FAULT IN DISHONOR

(Opportunity to Cure)
Certified Mail #: Notice date: Claimant(s): 7000 1111 1000 0000 0001 July 08, 2009 John Henry Doe Service by and respond to: c/o Sally Smith, Notary Public 123 Main Street Fountain Valley, California 92708 ABC Corporation Attn: Joe Brown 555 East Oak Street El Cajon, CA 92020 JOHN H. DOE; Notice of Default and Election to Sell under Deed of Trust, Trustee Sale No. 1234567-01, relating to the Deed of Trust, Instrument No. 06-1111122

Respondent(s):

Reference:

This is a Notice of Fault in Dishonor upon the instrument(s) presented by Claimant(s) on or about June 3, 2009 with U.S.P.S. Certified Mail Article No. 7000 2222 1000 0000 0002, Return Receipt and received by Respondent(s) on or about June 8, 2009 at the address referenced above. PRESENTMENT: On June 3, 2009, Sally Smith, Notary Public, at the request of the Claimant(s), presented the following instrument(s), hereinafter Presentment, to the Respondent(s) for the Respondent(s) acceptance: 1. 2. 3. 4. 5. CONSTRUCTIVE NOTICE OF CONDITIONAL ACCEPTANCE issued by the Claimant(s) and dated June 3, 2009; and COMMERICAL AFFIDAVIT issued by the Claimant(s) and dated June 3, 2009; and Letter from ABC CORP. dated April 29, 2009; and NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST dated April 2, 2009; and Reference copy of a NOTARYS CERTIFICATE OF SERVICE dated June 3, 2009.

DISHONOR: By the terms and conditions of the agreement resulting by the offer and acceptance of the Presentment, the Respondent(s) are under the duty and obligation to timely and in good faith honor the offer by a presentment within thirty (30) days with a response on a pointby-point basis, via a sworn affidavit, under the Respondent(s) full commercial liability, signing under the penalty of perjury that the facts contained therein are true, correct, complete and not misleading. Mere declarations are an insufficient response. A dishonor of the offer discharges the alleged liability that the Respondent(s) have claimed. Allowing thirty (30) days for the acceptance and time allowed having passed for acceptance, and the Notary showing no record of acceptance, Claimant(s) now deems the instrument(s) to have been dishonored on July 3, 2009, and therefore a confession of judgment on the merits is warranted. FAULT: For the failure of the honoring of the offer is placing the Respondent(s) at fault. This presentment is the Claimant(s) good faith offer for an extension of the time to the Respondent(s) for making the required presentment by an additional ten (10) days. Respondent(s) have ten (10) days, for making presentment at the Service by and respond to address given above. For the Respondent(s) failure, refusal, or neglect in the presentment of a verified response, as a sufficient verified response is defined below, to this Notice of Fault in Dishonor is consenting with the Claimant(s) entry of a Notice of Default in Dishonor upon the Respondent(s), and the issuance of a certificate verifying Respondent(s) non-performance, acceptance of liability, and Respondent(s) acquiescence and tacit agreement with all terms, conditions and stipulations herein by Sally Smith, Notary Public. RESPONSE: Only a response that meets the following criteria qualifies as a sufficient verified response: 1. 2. 3. Any response must be made via a sworn affidavit, verified and/or affirmed by a signature under the penalty of perjury, or by a signature under the full commercial liability, of the affiant(s) thereof; and Any response must address all the points, on a point-by-point basis, made within the Commercial Affidavit, issued by the Claimant(s) and presented on or about June 3, 2009; and Any response must be made as a presentment to the Notary Public named above, under the Service by and respond to address given above, and received by said Notary Public no later than ten (10) days from the postmark of this presentment.

NOTICE OF FAULT IN DISHONOR (OPPORTUNITY TO CURE)

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DEFAULT: Default is with the Respondent(s) confession of judgment to the following: 1. The Respondent(s) admission to the fact of the RESPA violations within the loan documents of and relating to the Deed of Trust, Instrument No. 06-1111122, recorded on or about March 31, 2005 in the official records in the office of the County Recorder of LOS ANGELES County, California, hereinafter DEED OF TRUST. The Respondent(s) admission to the fact of the TILA violations within the loan documents of and relating to the DEED OF TRUST. The Respondent(s) admission to the fact of the source of the funds for the purchase of the property is the original Trustor of the DEED OF TRUST, JOHN H. DOE, hereinafter TRUSTOR. The Respondent(s) admission to the fact of the perpetration of a fraud by the original Lender of the DEED OF TRUST, XYZ BANK, FSB, against the TRUSTOR. The Respondent(s) consent to the complete revocation of the DEED OF TRUST by the TRUSTOR for the perpetration of a fraud by the original Lender, XYZ BANK, FSB. The Respondent(s) irrevocable conveyance of any and all rights, titles and interests in and on any and all collateral in the association with or the security for the DEED OF TRUST to the Claimant(s). The Respondent(s) irrevocable conveyance of the authority for the acquisition, procurement, and/or production of any and all records, documents, and/or communications necessary for the securing of any and all rights, titles and interests in and on any and all collateral in the association with or the security for the DEED OF TRUST to the Claimant(s). The Respondent(s) waiver of any and all rights, immunities and defenses.

2. 3. 4. 5. 6. 7.

8.

Respondent(s) confession of judgment is with these stipulations: 1. Respondent(s) are granting a specific power-of-attorney for the acquisition, procurement and/or production of any and all records, documents, and/or communications necessary for the securing of any and all rights, titles, and interests in or pertaining to any and all collateral in the association with or the security for the DEED OF TRUST to the Claimant(s). Respondent(s) are consenting to the filing of any encumbrances, including but not limited to liens, writs of possession, writs of execution, and writs of attachment on any and all property, fixtures, accounts, and public hazard bonds by the Claimant(s) against the Respondent(s) up to the amount of Ten million and 00/100 dollars ($10,000,000.00) for any and all actions taken by the Respondent(s) with the hindering, impeding, obstruction and/or delaying of the Claimant(s) rights, titles and interests in any and all collateral in the association with or the security for the DEED OF TRUST. Respondent(s) are consenting to the filing of any encumbrances, including but not limited to liens, writs of possession, writs of execution, and writs of attachment, on any and all property, fixtures, accounts, and public hazard bonds by the Claimant(s) against the Respondent(s) up to the amount of Ten million and 00/100 dollars ($10,000,000.00) for any and all actions taken by the Respondent(s) with the semblance of harassment, coercion, defrauding, and/or defamation of the Claimant(s) and/or the Claimant(s) collateral.

2.

3.

Of this presentment take due Notice and heed, and govern yourself accordingly. IN WITNESS WHEREOF I hereunto set my hand and seal on this 8th day of July, 2009 and hereby certify all the statements made above are true, correct and complete.

July 8, 2009 Date: __________________

Claimant: ___________________________________ (Seal) John Henry Doe

Stateof California ) JURAT )ss: CountyofOrange ) July 8th Subscribedandswornto(oraffirmed)beforemeonthis________dayof_____________________,________,by 2009 John Henry Doe _____________________________,provedtomeonthebasisofsatisfactoryevidencetobethepersonwhoappearedbeforeme. ___________________________________ (seal) Signature
NOTICE OF FAULT IN DISHONOR (OPPORTUNITY TO CURE) Page 2 of 2

NOTARYS CERTIFICATE OF SERVICE


It is hereby certified, that on the date noted below, the undersigned Notary Public mailed to:

ABC Corporation Attn: Joe Brown 555 East Oak Street El Cajon, CA 92020
hereinafter, Recipient, the documents and sundry papers pertaining to a Notice of Default and Election to Sell under Deed of Trust, Trustee Sale No. 1234567-01, relating to the Deed of Trust, Instrument No. 06-1111122, and JOHN H. DOE as follows: 1. 2. NOTICE OF FAULT IN DISHONOR, issued by John Henry Doe and dated July 8, 2009; and Reference copy of this Notarys Certificate of Service (signed original on file)

by Certified Mail No. 7000 1111 1000 0000 0001 Return Receipt attached by placing same in a postpaid envelope properly addressed to Recipient at the said address and depositing same at an official depository under the exclusive face and custody of the U.S. Postal Service within the State of California.

____________________________________ NOTARY PUBLIC

July8,2009 ______________ DATE

(Seal)

September30,2010 My commission expires: _____________________________

(Stamp)

Sally Smith, Notary Public 123 Main Street Fountain Valley, California 92708

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