FILED: NEW YORK COUNTY CLERK 10/19/2010 INDEX NO /2009 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 10/19/2010

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1 FILED: NEW YORK COUNTY CLERK 10/19/2010 INDEX NO /2009 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 10/19/2010 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MBIA INSURANCE CORPORATION, Plaintiff, -against- CREDIT SUISSE SECURITIES (USA) LLC, DLJ MORTGAGE CAPITAL, INC., and SELECT PORTFOLIO SERVICING, INC. Index No /09 Hon. Shirley Werner Kornreich NOTICE OF UNOPPOSED MOTION Defendants. PLEASE TAKE NOTICE that upon the Affirmation of Darren S. Teshima and all prior papers and proceedings in this action, Defendants will move this Court in the Motion Submission Part, Room 130, 60 Centre Street, New York, New York, on October 27, 2010, or as soon thereafter as counsel may be heard, for an order pursuant to New York Civil Practice Law and Rules sections 3108 and 3111 for an order directing the issuance of a commission to enable Defendants to demand documents and take the deposition of non-party Specialized Loan Servicing, LLC. Dated: October 19, 2010 ORRICK, HERRINGTON & SUTCLIFFE LLP By: /s/ Darren S. Teshima Darren S. Teshima Admitted pro hac vice 405 Howard Street San Francisco, CA Phone: (415) Attorneys for Defendants Credit Suisse Securities (USA) LLC, DLJ Mortgage Capital, Inc. and Select Portfolio Servicing, Inc.

2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MBIA INSURANCE CORPORATION, Plaintiff, -against- CREDIT SUISSE SECURITIES (USA) LLC, DLJ MORTGAGE CAPITAL, INC., and SELECT PORTFOLIO SERVICING, INC. Index No /09 Hon. Shirley Werner Kornreich AFFIRMATION OF DARREN S. TESHIMA Defendants. Darren S. Teshima hereby affirms under penalty of perjury and says: 1. I have been admitted pro hac vice to this Court. I am a member of the law firm of Orrick, Herrington & Sutcliffe LLP, attorneys for Defendants Credit Suisse Securities (USA) LLC, DLJ Mortgage Capital, Inc., and Select Portfolio Servicing, Inc. ( SPS ) (together with Credit Suisse Securities (USA) LLC and DLJ Mortgage Capital, Inc., Defendants ), in the above-captioned action currently pending before the Supreme Court of the State of New York, County of New York. 2. Plaintiff MBIA Insurance Corporation ( MBIA ) filed the above-captioned action against Defendants in connection with a securitization of approximately 15,000 residential mortgage loans, known as Home Equity Mortgage Trust ( HEMT ). 3. SPS was the original servicer of the loans in HEMT In March 2009, MBIA terminated SPS as the servicer, and appointed Specialized Loan Servicing, LLC ( SLS ) as the successor servicer for the loans in HEMT

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4 EXHIBIT A

5 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MBIA INSURANCE CORPORATION, Plaintiff, -against- CREDIT SUISSE SECURITIES (USA) LLC, DLJ MORTGAGE CAPITAL, INC., and SELECT PORTFOLIO SERVICING, INC. Index No /09 Hon. Shirley Werner Kornreich ORDER DIRECTING ISSUANCE OF COMMISSION Defendants. Defendants Credit Suisse Securities (USA) LLC, DLJ Mortgage Capital, Inc. and Select Portfolio Servicing, Inc. having requested an Order pursuant to Article 31 of the New York Civil Practice Law and Rules, directing the issuance of a commission to enable it to take the deposition of Specialized Loan Servicing, LLC ( SLS ) as a non-party witness, and to request the Colorado Courts, or any person authorized under Colorado law, to issue a subpoena to SLS to appear for and submit to a deposition, and to produce certain documents, at a certain time, date, and place; NOW, upon the Affirmation of Darren S. Teshima, dated October 19, 2010, and the papers submitted in connection with Defendants notice of motion, it is hereby: ORDERED that a Commission to enable Defendants to take the deposition of and demand documents from SLS as a non-party witness in the State of Colorado is GRANTED in all respects; and it is

6 FURTHER ORDERED that a Commission issue to a Judge of the Colorado Courts, or any person authorized under Delaware law, to issue a subpoena to SLS to produce documents and appear for and submit to a deposition upon oral examination as a non-party witness. Dated: SO ORDERED -2-

7 EXHIBIT B

8 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MBIA INSURANCE CORPORATION, Plaintiff, -against- CREDIT SUISSE SECURITIES (USA) LLC, DLJ MORTGAGE CAPITAL, INC., and SELECT PORTFOLIO SERVICING, INC. Index No /09 Hon. Shirley Werner Kornreich COMMISSION Defendants. To: A Judge of the Colorado Courts, or any person authorized under Colorado Law: Upon the Order of Hon. Shirley Kornreich, Justice of the Supreme Court of New York, New York County, dated, 2010 in this action, please be advised that we authorize you or any other person authorized by law, on behalf of Defendants Credit Suisse Securities (USA) LLC, DLJ Mortgage Capital, Inc. and Select Portfolio Servicing, Inc., to demand documents from and examine under oath, upon oral examination to be conducted pursuant to Article 31 of the New York Civil Practice Law and Rules, Specialized Loan Servicing, LLC ( SLS ), 8742 Lucent Blvd., Suite 300, Highlands Ranch, Colorado, as a non-party witness in the action captioned above and pending in the Supreme Court of New York, New York Country. We therefore request that you, by proper and usual process of your Court, cause SLS to appear before you or some competent person appointed by you at a precise time at which SLS shall produce documents and answer, under oath, questions and cross-questions put to it by attorneys for the parties in the action captioned above and that the deposition shall be committed to writing and filed or sent by registered or certified mail to the clerk of the Court where the case

9 is to be tried. You are to be governed in these undertakings by the applicable laws of the State of New York. Pursuant to section 3102(e) of the New York Civil Practice Law and Rules, [w]hen under any mandate, write or commission issued out of any court of record in any other state, territory, district or foreign jurisdiction, or whatever upon notice and agreement, it is required to take the testimony of a witness in the state, he may be compelled to appear and testify in this same manner and by the same process as may be employed for the purpose of taking testimony in actions pending in the state. The supreme court or a county court shall make any appropriate order in the aid of taking such a deposition. In accordance with the foregoing statute we stand ready, willing and able to do the same for you, in a similar case when required, as we are asking you to do in this case. WITNESS, County Clerk of New York, County of New York, this day of,

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