IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.

: Plaintiff, v. Defendants. _______________________________________/ DEFENDANTS NOTICE OF TAKING DEPOSITIONS DUCES TECUM YOU ARE NOTIFIED that the undersigned will take the following deposition, before a person authorized to take depositions at the date, time and place referenced below: (1) WHO: KATHERINE M. EGAN, Assistant Vice President, Bank of America N.A. (Plaintiffs authorized agent who executed the Affidavit of Supporting Plaintiffs Motion for Summary Final Judgment Attached as Exhibit A1) (Deponent is to have with him/her at the time of the deposition all documents that he/she reviewed and that support the Plaintiffs Affidavit as well as those identified in Exhibit A attached) TIME 2:00 p.m. LOCATION 3601 W. Commercial Blvd., #18 Ft. Lauderdale Fl., 33309

DATE June 22, 2012

Upon oral examination before, a notary public, or any other officer authorized by law to take depositions in the State of Florida. The oral examination will continue from day to day until completed. The deposition is being taken for the purpose of discovery for use at trial, or for such other purposes as are permitted under the Rules of Court or applicable Statutes. The Witness(es) shall have with him or her, for examination and possible copying the documents listed on the attached Exhibits. These items will be inspected and possibly copied at that time. Plaintiff will not be required to surrender the original items. If Plaintiff or designated witness(es) fails to appear, fails to designate one or more persons to testify or fails to furnish the specific records, Plaintiff/witness(es) may be in contempt of court. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMODATION IN ORDER TO PARTICIPATE IN THIS DEPOSTION, YOU MAY REQUEST SUCH ASSISTANCE BY CONTACTING CIVIL JUSTICE ADVOCATES, 3601 W. COMMERCIAL BLVD., STE: 18, FT. LAUDERDALE, FL 33309; TELEPHONE: 954-677-8888 WITHIN TWO
Civil Justice Advocates, PL 3601 W. Commercial Blvd., Ste: 18, Ft. Lauderdale, FL 33309 Tel: 954-677-8888 * Fax: 954-677-8881 * email: info@cjapl.com

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(2) WORKING DAYS OF YOUR RECEIPT OF THIS NOTICE. CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this ___ day of June, 2012 a true and correct copy of the foregoing was provided U.S. mail to:

EXHIBIT A MATTERS ON WHICH EXAMINATION ARE REQUESTED KATHERINE M. EGAN (Deponent) shall produce at the deposition the following documents and be prepared to testify as to the basis of her personal knowledge regarding the following: 1. Deponents most recent curriculum vitae.

2. The corporate resolution or other official action of BANK OF AMERICA NA (BANA) directors making deponent an Assistant Vice President of BANA. 3. All books, papers, records, documents, emails, phone logs and other tangible things kept by Plaintiffs servicer, concerning the transactions alleged in the complaint against Defendant. In this case, attached to DEPONENTS Affidavit is an Account Information Statement which references tax advances, hazard insurance advances, property inspection fees, other fees and other inspection fees kindly produce the invoices for those fees memorialized in the judgment quote. 4. The Power of Attorney from COUNTRYWIDE HOME LOANS SERVICING LP to BANA to prepare the Affidavit in support of summary judgment as referenced in Paragraph 1 of DEPONENTs Affidavit. 5. A detailed copy of the job description, duties and functions of an Assistant Vice President at Bank of America NA a/k/a BANA. 6. All other books, papers, records, documents or tangible things that relate to Plaintiffs claim against Defendant. 7. The Servicing Agreement between Plaintiff and the owner of the Note and Mortgage, i.e., Fannie Mae and BANA. 8. Any records that purport to give KATHERINE M. EGAN the authority to sign or execute any documents on behalf of Plaintiff. 9. All documents, records, books, evidence or instructions that KATHERIN M. EGAN reviewed or relied upon in order to prepare the affidavit of amounts due and owing. 2
Civil Justice Advocates, PL 3601 W. Commercial Blvd., Ste: 18, Ft. Lauderdale, FL 33309 Tel: 954-677-8888 * Fax: 954-677-8881 * email: info@cjapl.com

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10. All documents which deponent has utilized or may need to refresh his or her recollection as to any of the issues made the basis of this lawsuit. 11. deposition. All documents deponent plans to consult or rely upon in preparation for the

12. All documents that refer to ore relate to the items above as the subject matter of this deposition. 13. All document retention plans, technical manuals, network architecture diagrams, instructions, policies, booklets, memoranda, or guidelines to employees regarding the system. 14. All documents that support that the manner of creating the business records referred to in Deponents affidavit is an industry wide practice. 15. All documents that describe what the industry wide practice for creating business records such as those referenced in Deponents affidavit are. 16. All documents, records, books, evidence that support DEPONENTs statement that Plaintiff holds the note. ( 4, Affidavit). 17. DEPONENT should be prepared to testify as to how many different locations her employer has servicing operations and where they are located; if she is primarily responsible for operations at all the sites; what location the records that she references in her affidavit were created; the name and contact information for the person who is primarily responsible for the operations if not her; whether passwords or encrypted files used on computers systems that contain the servicing information is protected and how; who has access and what type of access they have; what security measures exist to protect the information referenced in 3 of Deponents Affidavit; how does she know that the persons creating the records have personal knowledge; what is the regular practice of BANA in creating the records; what is the network architecture; what types of date processing and data storage devices are used by BANA in the course of business: including operating systems; backroom hardware; workstation hardware; whether notebooks or desktops are used; what backup apparatus exists to protect inputed information; types of storage devices (optical or electronic); whether Deponent can identify the people with personal knowledge who created the business records for this particular mortgage loan; what upgrades to hardware, software or replacements have been done in the relevant time period (from inception of loan to present) to the system where the business records are compiled and kept; have any of the database where the business records are kept been re-indexed, purged, repaired or archived; were business records backed up before any upgrade or replacement; what standard reports are prepared on a routine basis; how is the databases where these business records are kept accessed and by whom; are there different security levels; identify the party responsible for the maintenance and backup of the system where the business records are kept; what is the turnover rate of the workforce (ie persons with personal knowledge) who create the business records Deponent relies upon for personal knowledge and what is the minimum requirements for 3
Civil Justice Advocates, PL 3601 W. Commercial Blvd., Ste: 18, Ft. Lauderdale, FL 33309 Tel: 954-677-8888 * Fax: 954-677-8881 * email: info@cjapl.com

Notice of Taking Deposition -AOI

those persons creating the business records referenced in 3 of Deponents affidavit; does the company modify its backup procedures to comply with discovery request; how does the company address human error when the persons with knowledge erroneously enter information into the system; does the company modify the use of its computers to comply with discovery requests; what is the companys document retention policy regarding electronic information and how long has it been in effect; is the companys retention policy always complied with; what steps are taken to ensure preservation of relevant electronic data; what sort of audits are done to ensure compliance with the regularly conducted business activity of BANA and that the records are created in the manner that conforms to the industry wide practice of creating the referenced business records; who performs the audit and how frequently is it performed; who is the person or person(s) in charge of conducting the audits, if any; what are the electronic records management policies and procedures; what is the paper document retention policy at BANA; what are the standard reports that are created on a regular basis at BANA; what is the basis of Deponents personal knowledge regarding Plaintiffs retainer agreement with Plaintiffs counsel; the basis of Deponents knowledge regarding any alleged default and if Defendant was so advised. THESE ITEMS WILL BE INSPECTED AND MAY BE COPIED AT THE TIME OF THE DEPOSITION. DEPONENTS WILL NOT BE REQUIRED TO SURRENDER THE ORIGINAL ITEMS. DEPONENT(S) HAVE THE RIGHT TO OBJECT TO THE PRODUCTION BY GIVING WRITTEN NOTICE TO THE ATTORNEY WHOSE NAME APPEARS ON THIS NOTICE. DEPONENTS MAY CONDITION THE PREPARATION OF THE COPIES UPON THE PAYMENT IN ADVANCE OF A REASONABLE COST OF PREPARATION.

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Civil Justice Advocates, PL 3601 W. Commercial Blvd., Ste: 18, Ft. Lauderdale, FL 33309 Tel: 954-677-8888 * Fax: 954-677-8881 * email: info@cjapl.com