IN THE SUPREME COURT OF KINGS COUNTY

STATE OF NEW YORK

ABC

Plaintiff

Vs. Index No: 12236/07

XYZ

Defendants

DEFENDANTS MOTION REQUESTING PLAINTIFF TO PRODUCE

DOCUMENTS, INTERROGATORIES AND ADMISSIONS

COMES NOW DEFENDANT, XYZ, and files this Motion requesting Plaintiffs,

ABC, in its capacity as the Lender as per the Mortgage Deed dated 28th February 2008

to produce the Documents, Interrogatories and Admissions.

Request for Production of Documents

Pursuant to the New York Civil Practice Law and Rules Section 3120 the Defendant,

Andrea Davilar hereby request that the named Plaintiff, Option One Mortgage

Corporation to produce the following documents for inspection and copying at a

location within the venue of the Supreme Court of the Kings County, New York,

within thirty days of this request. Andrea Davilar asks to be informed of the date, time

and place where the requested documents can be copied by her or her agent or in the

alternative, Option One Mortgage Corporation may furnish a legible, true and correct

copy of each requested documents to Andrea Davilar at her mailing address as given

below except for the requested Promissory Note are to be served upon Andrea Davilar

within thirty (30) days after service of this request for production of documents.

Andrea Davilar request the Counsel purporting to represent Option One Mortgage

Corporation, within 30 days of this request for production of these documents, set a

hearing with the Court for viewing of the original Promissory Note.

Instructions to Request for Production of Documents

1. This request for production of documents is directed towards all information

known or available to Option One Mortgage Corporation including

information contained in the records and documents in Option One Mortgage

Corporations custody or control or available to Option One Mortgage

Corporation upon reasonable inquiry. Where requested documents does not

exist please state the documents does not exist.

2. Each request for production of documents is to be deemed a continuing one. If

after serving any requested document, an authorized officer of Option One

Mortgage Corporation obtains any further documentation pertaining to that

request for production, Option One Mortgage Corporation is requested to

serve a supplemental answer setting forth copies of additional documents.

Definitions

1. Option One Mortgage Corporation includes any and all persons acting in

concert with Option One Mortgage Corporation.

2. “Document” includes every piece of paper held in Option One Mortgage

Corporations possession or generated by Option One Mortgage Corporation.

3. “GSE” means Government Sponsored Entity.

4. “MERS” means Mortgage Electronic Registration System.

5. “Nominal Lender” means and includes the Special Purpose Entity which has

been constituted by the Option One Mortgage Corporation.

6. “Andrea Davilar” includes all nick names, pseudonyms and / or misnomers in

any paper or documents referencing the Defendant or any liability or

obligation attributable to her, including Andrea A. Davilar

Documents Requested

1. Subject to the foregoing conditions, produce the original Promissory Note

alleged to have been signed by Andrea Davilar as per the loan bearing No:

331044918. If none, state “none”.

2. Produce the Order relieving Mr. Leo S. Ortega as the Vice President of

Deutsche Bank on or after 19th June 2007 which entitle him to join as the Vice

President of Option One Mortgage Corporation and to sign the Affidavit of

Merit and the Amount Due on behalf of Option One Mortgage Corporation on

28th June 2007. If none, state “none”.

3. Produce if any certified or uncertified security used for the funding of this

account. If none, state “none”.

4. Produce any and all "Pooling Agreement(s)" between the nominal lender at the

loan closing and any party or parties who could claim an interest in the loan

closing or documents pertaining thereto and any GSE or other party. If none,

state “none”.

5. Produce any and all "Deposit Agreement(s)" between the nominal lender at the

loan closing and any party or parties who could claim an interest in the loan

closing or documents pertaining thereto and any GSE or other party. If none,

state “none”.

6. Produce any and all "Servicing Agreement(s)" between the nominal lender at

the loan closing and any party or parties who could claim an interest in the

loan closing or documents pertaining thereto and any GSE or other party. If

none, state “none”.

7. Produce any and all "Custodial Agreement(s)" between the nominal lender at

the loan closing and any party or parties who could claim an interest in the

loan closing or documents pertaining thereto and any GSE or other party. If

none, state “none”.

8. Produce any and all "Master Purchasing Agreement(s)" between the nominal

lender at the loan closing and any party or parties who could claim an interest

in the loan closing or documents pertaining thereto and any GSE or other

party. If none, state “none”.

9. Produce any and all "Issuer Agreement(s)" between the nominal lender at the

loan closing and any party or parties who could claim an interest in the loan

closing or documents pertaining thereto and any GSE or other party. If none,

state “none”.

10. Produce any and all "Commitment to Guarantee Agreement(s)” between the

nominal lender at the loan closing and any party or parties who could claim an

interest in the loan closing or documents pertaining thereto and any GSE or

other party. If none, state “none”.

11. Produce any and all "Release of Document Agreement(s)” between the

nominal lender at the loan closing and any party or parties who could claim an

interest in the loan closing or documents pertaining thereto and any GSE or

other party. If none, state “none”.

12. Produce any and all "Master Agreement for Servicer’s Principal and Interest

Custodial Account" between the nominal lender at the loan closing and any

party or parties who could claim an interest in the loan closing or documents

pertaining thereto and any GSE or other party. If none, state “none”.

13. Produce any and all "Servicer's Escrow Custodial Account" between the

nominal lender at the loan closing and any party or parties who could claim an

interest in the loan closing or documents pertaining thereto and any GSE or

other party. If none, state “none”.

14. Produce any and all "Release of Interest Agreement(s)” between the nominal

lender at the loan closing and any party or parties who could claim an interest

in the loan closing or documents pertaining thereto and any GSE or other

party. If none, state “none”.

15. Produce any and all “Trustee Agreement(s)” between the nominal lender at the

loan closing and any party or parties who could claim an interest in the loan

closing or documents pertaining thereto and trustee(s) regarding this account

or pool accounts with any GSE or other party. If none, state “none”.

16. Produce any and all document(s) evidencing any trust relationship regarding

the Mortgage or and any Note in this matter. If none, state “none”.

17. Produce any and all document(s) establishing any Trustee of record for the

Mortgage or and any Note in this matter. If none, state “none”.

18. Produce any and all document(s) establishing the date of any appointment of

Trustee for the Mortgage or and any Note, including any and all assignments

or transfers or nominees of any substitute trustees(s). If none, state “none”.

19. Produce any and all document(s) establishing any Grantor for this Mortgage or

and any Note in this matter. If none, state “none”.

20. Produce any and all document(s) establishing any Grantee for this Mortgage

or and any Note in this matter. If none, state “none”.

21. Produce any and all document(s) establishing any Beneficiary for this

Mortgage or and any Note in this matter. If none, state “none”.

22. Produce any and all document(s) evidencing the Mortgage. If none, state

“none”.

23. Produce all data, information, notations, text, figures and information

contained in your mortgage servicing and accounting computer systems

including, but not limited to Alltel or Fidelity CPI system, or any other similar

mortgage servicing software used by you, any servicers, or sub-servicers of

this mortgage account from the inception of this account to the date written

above. If none, state “none”.

24. Produce all descriptions and legends of all Codes used in Option One

Mortgage Corporations mortgage servicing and accounting system so as to

enable the examiners and auditors and experts retained to audit and review

this mortgage account to properly carry on their work. If none, state “none”.

25. Produce all assignments, transfers, allonge, or other documents evidencing a

transfer, sale or assignment of this mortgage, deed of trust, monetary

instrument or other document that secures payment by Andrea Davilar to this

obligation in this account from the inception of this account to the present date

including any such assignment on MERS. If none, state “none”.

26. Produce all deeds in lieu, modifications to this mortgage, monetary instrument

or deed of trust from the inception of this account to the present date. If none,

state “none”.

27. Produce the front and back of each and every canceled check, money order,

draft, debit or credit notice issued to any servicers of this account for payment

of any monthly payment, other payment, escrow charge, fee or expense on this

account. If none, state “none”.

28. Produce all escrow analyses conducted on this account from the inception of

this account until the date of this letter. If none, state “none”.

29. Produce the front and back of each and every canceled check, draft or debit

notice issued for payment of closing costs, fees and expenses listed on any and

all disclosure statements including, but not limited to, appraisal fees,

inspection fees, title searches, title insurance fees, credit life insurance

premiums, hazard insurance premiums, commissions, attorney fees, points,

etc. If none, state “none”.

30. Produce front and back copies of all payment receipts, checks, money orders,

drafts, automatic debits and written evidence of payments made by Andrea

Davilar or others on this account. If none, state “none”.

31. Produce all letters, statements and documents sent to Andrea Davilar by

Option One Mortgage Corporation. If none, state “none”.

32. Produce all letters, statements and documents sent to Andrea Davilar by

agents, attorneys or representatives of Option One Mortgage Corporation. If

none, state “none”.

33. Produce all letters, statements and documents sent to Andrea Davilar by

previous servicers, sub-servicers or others in the account file or under the

control or possession or in the control or possession of any affiliate, parent

company, agent, servicers, sub-servicers, attorney or other representative of

Option One Mortgage Corporation. If none, state “none”.

34. Produce all letters, statements and documents contained in the account file of

Andrea Davilar or imaged by Option One Mortgage Corporation, any

servicers or sub-servicers of this mortgage from the inception of this account

to the present date. If none, state “none”.

35. Produce all electronic transfers, assignments and sales of the note or asset,

mortgage, deed of trust or other security instrument. If none, state “none”.

36. Produce all copies of property inspection reports, appraisals, BPO s and

reports done on the property of Andrea Davilar. If none, state “none”.

37. Produce all invoices for each charge such as inspection fees, BPO s, appraisal

fees, attorney fees, insurance, taxes, assessments or any expense which has

been charged to this mortgage account from the inception of this account to

the present date. If none, state “none”.

38. Produce all checks used to pay invoices for each charge such as inspection

fees, BPO s, appraisal fees, attorney fees, insurance, taxes, assessments or any

expense which has been charged to this account from the inception of this

account to the present date. If none, state “none”.

39. Produce all agreements, contracts and understandings with vendors that have

been paid for any charge on this account from the inception of this account to

the present date. If none, state “none”.

40. Produce all account servicing records, payment payoffs, payoff calculations,

ARM audits, interest rate adjustments, payment records, transaction histories,

account histories, accounting records, ledgers, and documents that relate to the

accounting of this account from the inception of this account to the present

date. If none, state “none”.

41. Produce all account servicing transaction records, ledgers, registers and

similar items detailing how this account has been serviced from the inception

of this account to the present date. If none, state “none”.

42. Produce all sales contracts, servicing agreements, assignments, alonges,

transfers, indemnification agreements, recourse agreements and any agreement

related to this account from the inception of this account to the present date.

43. Provide copies of all invoices and detailed billing statements from any law

firm or attorney that has billed such fees that have been assessed or collected

from this account from the inception to the present date.

Requests for Admissions

YOU ARE REQUIRED, pursuant to the New York Civil Practice Law and Rules

Section 3123, by and through an authorized officer of your Company, to answer

completely, in writing and under oath, the following request of Admission, and to

return your answers to this request for admissions to Andrea Davilar at her mailing

address indicated below, within thirty days of the date of service of these request for

admissions.

Instructions to Request for Admissions

1. These requests for Admissions are directed towards all information known or

available to Plaintiff Option One Mortgage Corporation including information

contained in the records and documents in Option One Mortgage Corporations

custody or control or available to Option One Mortgage Corporation upon

reasonable enquiry. Your answer to each request for admission shall

specifically deny the matter, or set forth in detail the reasons why you cannot

truthfully admit or deny the matter. Where request for admission cannot be

answered in full they shall be answered as completely as possible and

incomplete answers shall be accompanied by a specification of the reasons for

the incompleteness of the answer and of whatever actual knowledge is

possessed with respect to each unanswered or incompletely answered request

for admission.

2. Each request for admission is to deemed a continuing one. If after serving an

answer to any request for admission, an authorized officer of Option One

Mortgage Corporation obtains any further information pertaining to that

request for admission, the authorized officer for Option One Mortgage

Corporation is requested to serve a supplemental answer setting forth such

information.

3. As to every request for an admission which an authorized officer for Option

One Mortgage Corporation fails to answer in whole or in part, the subject

matter of that admission will be deemed confessed and stipulated as fact to

the court.

Definitions

1. “You” and “your” includes Option One Mortgage Corporation any and all

persons acting in concert with Option One Mortgage Corporation.

2. “Document” includes every piece of paper held in Option One Mortgage

Corporations possession or generated by Option One Mortgage Corporation.

3. “Nominal Lender” means and includes the Special Purpose Entity which has

been constituted by the Option one Mortgage Corporation.

4. “Andrea Davilar” includes all nick names, pseudonyms and / or misnomers in

any paper or documents referencing the Defendant or any liability or

obligation attributable to her, including Andrea A. Davilar.

Admissions Requested

1. Admit or deny that Option One Mortgage Corporation has assigned the

Promissory Note and Mortgage Deed to a third party.

Admitted

Denied

2. Admit or deny that Option One Mortgage Corporation has no standing to

initiate foreclosure proceedings against Andrea Davilar.

Admitted

Denied

3. Admit or deny that Leo S. Ortega is not the authorized person to swear the

Affidavit of Merit.

Admitted

Denied

4. Admit or deny that proper statutory disclosures regarding the mortgage, its

interest and other related charges and mode of payment has been made to

Andrea Davilar.

Admitted

Denied

5. Admit or deny that Summons has been served properly on Andrea Davilar in

this case.

Admitted

Denied

Interrogatories

YOU ARE REQUIRED, pursuant to the New York Civil Practice Law and Rules

Sections 3131, 3132 and 3133, by and through an authorized officer of the your

Company, to answer completely in writing, and under oath, the following

Interrogatories, and to return your answers to these Interrogatories to Andrea Daviler

at her mailing address indicated below, within thirty days of the date of service of

these Interrogatories.

Instructions to these Interrogatories

1. These interrogatories are directed towards all information known or available

to the Plaintiff, Option One Mortgage Bank including information contained

in the records and the documents in Option One Mortgage Banks custody or

control or available to Option One Mortgage Bank upon reasonable enquiry.

Where interrogatories cannot be answered in full, they shall be answered as

completely as possible and incomplete answers shall be accompanied by a

specification of the reasons for the incompleteness of the answer and of

whatever actual knowledge is possessed with respect to each unanswered or

incompletely answered interrogatory. If sufficient space for your answer is not

provided herein, you may attach additional papers with your answers and refer

to your attached answers in the space provided herein.

2. Each interrogatory is to be deemed a continuing one. If, after serving an

answer to any interrogatory, an authorized officer for Option One Mortgage

Bank obtains any further information pertaining to that interrogatory, the

authorized officer of Option One Mortgage Corporation is requested to serve a

supplemental answer setting forth such information.

Definitions

1. “You” and “your” includes Option One Mortgage Corporation any and all

persons acting in concert with Option One Mortgage Corporation.

2. “Document” includes every piece of paper held in Option One Mortgage

Corporations possession or generated by Option One Mortgage Corporation.

3. “GSE” means Government Sponsored Entity.

4. “MERS” means Mortgage Electronic Registration System.

5. “Nominal Lender” means and includes the Special Purpose Entity which has

been constituted by the Option one Mortgage Corporation.

6. “Andrea Davilar” includes all nick names, pseudonyms and / or misnomers in

any paper or documents referencing the Defendant or any liability or

obligation attributable to her, including Andrea A. Davilar.

Interrogatories

1. State the name, job title and business address of each person providing

information in response to these discovery requests.

2. State the type of business organization Option One Mortgage Corporation is

and name every State of the union in which it is chartered or registered.

3. Identify for each account accounting and servicing system used by Option One

Mortgage Corporation and any sub-servicers or previous servicers from the

inception of this account to the present date which enable the experts to

decipher the data provided.

4. For each account accounting and servicing system identified by Option One

Mortgage Corporation and any sub-servicers or previous servicers from the

inception of this account to the present date, state the name and address of the

company that designed and sold the system.

5. For each account accounting and servicing system used by Option One

Mortgage Corporation and any sub-servicers or previous servicers from the

inception of this account to the present date, please provide the complete

transaction code list for each system so that Andrea Davilar and others can

adequately audit this account.

6. In a spreadsheet form or in letter form in a columnar format, detail each and

every credit on this account from the date such credit was posted to this

account as well as the date any credit was received.

7. In a spreadsheet form or in letter form in a columnar format, detail each and

every debit on this account from the date such debit was posted to this account

as well as the date any debit was received.

8. For each debit and credit listed, state the definition for each corresponding

transaction code Option One Mortgage Corporation utilize.

9. For each transaction code, provide the master transaction code list used by

Option One Mortgage Corporation or previous servicers.

10. Has each sale, transfer or assignment of this mortgage, monetary instrument,

deed of trust or any other instrument Andrea Davilar executed to secure this

debt been recorded in the county property records in the county and state in

which Andrea Davilers property is located from the inception of this account

to the present date? State Yes or No.

11. If No, why?

12. Is Option One Mortgage Corporation the servicer of this mortgage account or

the holder in due course and beneficial owner of this mortgage, monetary

instrument and /or deed of trust? State Yes or No.

13. Have any sales, transfers or assignments of this mortgage, monetary

instrument, deed of trust or any other instrument executed by Andrea Davilar

to secure this debt been recorded in any electronic fashion such as MERS or

other internal or external recording system from the inception of this account

to the present date? State Yes or No.

14. If yes, give details of the names of the seller, purchaser, assignor, assignee or

any holder in due course to any right or obligation of any note, mortgage, deed

of trust or security instrument executed by Andrea Davilar securing the

obligation on this account that was not recorded in the county records where

my property is located whether they be mortgage servicing rights or the

beneficial interest in the principal and interest payments.

15. Did the originator or previous servicers of this account have any financing

agreements or contracts with Option One Mortgage Corporation or an affiliate

of Option One Mortgage Corporation?

16. Did the originator or previous servicers of this account have any financing

agreements or contracts with Option One Mortgage Corporation or an affiliate

of Option One Mortgage Corporation?

17. Did the originator or previous servicers of this account receive any

compensation, fee, commission, payment, rebate or other financial

consideration from Option One Mortgage Corporation or affiliate of Option

One Mortgage Corporation for handling, processing, originating or

administering this loan? If yes, please describe and itemize each and every

form of compensation, fee, commission, payment, rebate or other financial

consideration paid to the originator of this account by your company or any

affiliate.

18. State where the originals of this entire account file are currently located and

how they are being stored, kept and protected.

19. Where is the original monetary instrument or mortgage Andrea Davilar signed

located? Give details of its physical location and whether anyone is holding

the Promissory Note as a custodian or trustee?

20. Where is the original deed of trust or mortgage and Promissory Note signed by

Andrea Davilar placed? Give details of its physical location and whether

anyone holding this Note as a custodian or trustee?

21. State whether since the inception of this account, there has been any

assignment of Andrea Davilar’s monetary instrument / asset to any other

party? If the answer is yes, give details of the names and addresses of each and

every individual, party, bank, trust or entity that has received such

assignments.

22. State whether since the inception of this account there has been any

assignment of the deed of trust or mortgage and Promissory Note to any other

party? If the answer is yes, give details of the names and addresses of each and

every individual, party, bank, trust or entity that has received such

assignments.

23. State whether since the inception of this account, there has been any sale or

assignment of the servicing rights to this mortgage account to any other party?

If the answer is yes, give details of the names and addresses of each and every

individual, party, bank, trust or entity that has received such assignments or

sale.

24. State whether since the inception of this account, there has been any sub-

servicers serviced any portion of this mortgage account? If the answer is yes,

give details of the names and addresses of each and every individual, party,

bank, trust or entity that has sub-serviced this mortgage account.

25. Has this mortgage account been made a part of any mortgage pool since the

inception of this loan? If yes, give details of each and every account mortgage

pool that this mortgage has been a part of from the inception of this account to

the present date.

26. Whether each and every assignment of Andrea Davilar’s asset/monetary

instrument been recorded in the county land records where the property

associated with this mortgage account is located?

27. State whether there has been any electronic assignment of this mortgage with

MERS or any other computer mortgage registry service or computer program?

If yes, give details of the name and address of each and every individual,

entity, party, bank, trust or organization or servicers that have been assigned to

mortgage servicing rights to this account as well as the beneficial interest to

the payments of principal and interest on this loan.

28. Have there been any investors (as defined by Option One Mortgage

Corporation) who have participated in any mortgage-backed security,

collateral mortgage obligation or other mortgage security instrument that this

mortgage account has ever been a part of from the inception of this account to

the present date? If yes, give details of the name and address of each and every

individual, entity, organization and/or trust.

29. Give details of the parties and their addresses to all sales contracts, servicing

agreements, assignments, allonges, transfers, indemnification agreements,

recourse agreements and any agreement related to this account from the

inception of this account to the present date.

30. State how much amount was paid for this individual mortgage account by

Option One Mortgage Corporation?

31. If part of a mortgage pool, state the principal balance used by Option One

Mortgage Corporation to determine payment for this individual mortgage

loan?

32. If part of a mortgage pool, state the percentage paid by Option One Mortgage

Corporation of the principal balance above used to determine purchase of this

individual mortgage loan?

33. To whom did Option One Mortgage Corporation issue a check or payment to

for this mortgage loan?

34. Did any investor approve of the foreclosure of Andrea Davilers property?

State Yes or No.

35. Give details of all persons who approved the foreclosure of the property of

Andrea Daviler?

36. Have attorney fees ever been assessed to this account from the inception of

this account to the present date? State Yes or No.

37. If yes, detail each separate assessment, charge and collection of attorney fees

to this account from the inception of this account to the present date and the

date of such assessments to this account.

38. Have attorney fees ever been charged to this account from the inception of this

account to the present date? State Yes or No.

39. If yes, detail each separate charge of attorney fees to this account from the

inception of this account to the present date and the date of such assessments

to this account.

40. Have attorney fees ever been collected from this account from the inception of

this account to the present date? State Yes or No.

41. If yes, detail each separate collection of attorney fees to this account from the

inception of this account to the present date and the date of such assessments

to this account.

42. Give details of the name and address of each attorney or law firm that has

been paid any fees or expenses related to this account from the inception of

this account to the present date.

43. Specify in writing the provision, paragraph, section or sentence of any

Promissory Note, mortgage, deed of trust or any agreement signed by Andrea

Daviler that authorized the assessment, charge or collection of attorney fees.

44. Give details of each separate attorney fee assessed from this account and for

which each corresponding payment period or month such fee was assessed

from the inception of this account to the present date.

45. Give details of each separate attorney fee collected from this account and for

which each corresponding payment period or month such fee was collected

from the inception of this account to the present date.

46. Give details of any adjustments in attorney fees assessed and on what date

such adjustment was made and the reason for such adjustment.

47. Give details of any adjustments in attorney fees collected and on what date

such adjustment was made and the reason for such adjustment.

48. Has interest been charged on any attorney fees assessed or charged to this

account? State Yes or No.

49. Is interest allowed to be assessed or charged on attorney fees charged or

assessed to this account? State Yes or No.

50. How much total in attorney fees have been assessed to this account from the

inception to the present date?

51. How much total in attorney fees have been collected from this account from

the inception to the present date?

52. How much total in attorney fees have been charged to this account from the

inception to the present date?

53. Has there been any suspense or unapplied account transactions on this account

from the inception of this account until the present date? State Yes or No.

54. If yes, explain the reason for each and every suspense transaction that

occurred on this account. If no, please skip the questions in this section

dealing with suspense and unapplied accounts.

55. In a spreadsheet or in letter form in a columnar format, give details of each

and every suspense or unapplied transaction, both debits and credits that has

occurred on this account from the inception of this account to the present date.

56. Have you reported the collection of late fees on this account as interest in any

statement to Andrea Davilar or to the IRS? State Yes or No.

57. Has any previous servicers or sub-servicers of this mortgage reported the

collection of late fees on this account as interest in any statement to me or to

the IRS? State Yes or No.

58. Do you consider the payment of late fees as liquidated damages to you for not

receiving payment on time? State Yes or No.

59. Are late fees considered as interest? State Yes or No.

60. Give details of the expenses and damages Option One Mortgage Corporation

incurred for any payment Andrea Davilar made that was late.

61. Were any of these expenses or damages charged or assessed to this account in

any other way? State Yes or No.

62. If yes, describe what expenses or damages were charged or assessed to this

account.

63. Give details of the expenses you or others undertook due to any late payment

Andrea Davilar made.

64. Give details of the damages you or others undertook due to any late payment

Andrea Davilar made.

65. Give details of the provision, paragraph, section or sentence of any Note,

mortgage, deed of trust or any agreement Andrea Davilar signed that

authorized the assessment or collection of late fees.

66. Give details and list of each separate late fee assessed to this account and for

which corresponding payment period or month such late fee was assessed

from the inception of this account to the present date.

67. Give details and list of each separate late fee collected from this account and

for which corresponding payment period or month such late fee was collected

from the inception of this account to the present date.

68. Give details and list of any adjustments in late fees assessed and on what date

such adjustment was made and the reason for such adjustment.

69. State whether any interest has been charged on any late fee assessed or

charged to this account?

70. State whether any interest is allowed to be assessed or charged on the late fees

to this account?

71. State whether any late charges been assessed to this account?

72. If yes, how much in total late charges have been assessed to this account from

the inception of this account to the present date?

73. Give details with the exact months or payment dates Option One Mortgage

Corporation or other previous servicers or sub-servicers of this account claim

which Andrea Davilar have been late with a payment from the inception of

this account to the present date.

74. State whether any late charges been collected on this account from the

inception of this account to the present date?

75. If yes, how much in total late charges have been collected on this account

from the inception of this account to the present date?

76. State whether Wells Fargo National Association as trustee has ever been

assigned in blanks the mortgage and note after closing.

77. Pursuant to a pooling and servicing agreement has Wells Fargo National

Association as trustee been assigned all rights and title to subject mortgage

and note and if so when did this event take place.

Executed this day of , 2008.

Name and title of the authorized officer or the agent

OPTION ONE MORTGAGE CORPORATION

State of:

County of:

Before me the undersigned, a Notary Public in and for the said County and State on

this day of , 2008, personally appeared, who

is ( ) personally known to me or ( ) proven by proper identification, to be the person

who executed the within and foregoing instrument.

Type of ID:

Signature

Notary Public (seal)

Request for Discovery prepared and submitted by:

Andrea Daviler

Mailing address:

Certificate of Service

I, Andrea Daviler, certify that on day of December 2008, a true and

correct copy hereof was served upon the attorney for the Plaintiff by both certified

mail and facsimile transmission to:

Andrea Daviler