Defendant(s),.,.-. t]

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1 IN THE CIRCUIT COURT FOR THE 15TH JUDICIAL CIRCUIT' TN AND FOR PALM BEACH COUNTY, FLORIDA INDYMAC FEDERAL BANK FSB, GENERAL JURISDICTION DIVISION Plaintift CASENO. A I ]A037322XXXXMBf\ w VS, ISRAEL A. MACHADO; NEENA M' MACHADO; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, I,T,IDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT RE- NOTICE OF TAKING DEPOSITION (DUCES TECUM) KNOWN TO BE DEAD OR ALIVE, WHETFIER SAID LNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMANTS; i] TENANT #1, TENANT #2, TENANT #3, -:,1 I; and TENANT #4 the names being fictitious : to account for parties in possession!r Defendant(s),.,.-. t] -.:- Defendants..( - ;; i--l;- please TAKE NOTICE rhat the r"rndersigned attomey will take the deposition (duces tecum) of: NAME: DATE: May 6,2009 IJME: PLACE: ERICA A. JOHNSON.SECK 10:00 A.M. (Eastern Standard Time) CONSOR & ASSOCIATES REPORTING & TRANSCRIPTION 1655 PALM BEACH LAKES BLVD SUITE 5()O WEST PALM BEACH, FLORIDA upon oral examination before, CONSOR & ASSOCIATES REPORTING & TRANSCRIPTION, Notary Public, or any other Notary Public or 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, re75 sansburys way. surre r 04, wesr,orr suo.,l,:uf,:!!iii ltrrur"one (56 t)793-s6s8. FAcsri\4rLE (866) ss

2 CASE NO CA XXXX MB for use at trial, or for such other purposes as are permitted under the Rules of Couft or Applicable Statutes. The Deponent is to have with her at the time of the deposition all documents listed in Exhibit A. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS DEPOSITION, YOU MAY REQUEST SUCH ASSISTANCE BY CONTACTING THOMAS E. ICE, 1975 SANSBURYS WAY, SUITE 104, WEST PALM BEACH, FL 33411, TELEPHONE: (561) WITHIN 2 WORKING DAYS OF YOUR RECEIPT OF THIS SUBPOENA; IF YOU ARE HEARING OR VOICE IMPAIRED, CALL 7I I ' Dated: April 14, ICE LEGAL, P.A. Counsel for Defendants 1975 Sansburys Way, Suite 104 West Palm Beach, FL 3341I Telephone: (56i ) Facsimile; (866) By: /6 o= THOMAS E, ICE Florida Bar No ICE LECAL, P,A, l9?5 SANSBURyS WAy. SUIrE 104. WESr PALM BriAc[, FL 3341 I.1'ELEPTjoNE (561)793'5658 r FzrcstvtUe (866)

3 EXHIBIT A I. The affidavit of the last three years of deponent's employment provided to Judge Schack in response to the Order dated January 3 l, 2008 in the case of Deutsche Bank National Trust Company v. Marai, Case No (Supreme Court of New York). Z. The affidavit of the deponent provided to Judge Schack in response to the Order dated February 6,2009 in the case of Indymac Bank, FSB v' Bethley, 2009 NY Slip Op Q'j,Y. Sup. Ct.216/09) "explaining; her employrnent history for the past three years; and, why a conflict of interest does not exist in how she acted as Vice President of assignee INDYMAC BANK, FSB in the instant action, and Vice President Of both MORTGAGE ELECTRONIC REGISTRATIONS SYSTEMS, TNC. ANd Deutsche Bank in Deutsche Bank v Maraj, l8 Misc 3d 1123 (A) (Sup Ct, Kings County 2008)." 3. The deponent's most recent curriculum vitae. 4. All documents authorizing deponent to sign as Vice President of: a. Deutsche Bank National Trust Company b. Rank United, FSB c. MortgageElectronicRegistrationSystems,lnc' 5. The specific'obooks, records, and documents kept by NDYMAC BANK., FSB concerning the transactions alleged in the Complaint" which you personally examined according to the Affidavit as to Amounts Due and Owing ("Affidavit"),1T2. 6. All documents, computer entries, digital images, electronic I e7s sansburys way. sulre I 04. wesr palm r*.lifiislii P.turrouo*u 1so I )793-s6s8. FAcsrMrLE (866) s

4 !! Srr,, -r CASE NO CA XXXX MB making the statement "have personal knowledge of the facts regarding the sums of money which are due and owing to INDYMAC FEDERAL BANK FSB" (Affidavit, tt3) '/. All documents, computer entries, digital images, electronic making the statement that this foreclosure case is "uncontested" (Affidavit,!15) 8. All docurnents, computer entries, digital images, electronic making the statement that the principal balance of the note is $399,095,97. (Affidavit, fl4) All documents, computer entries, digital images, electronic correspondence or other wriften materials you personally reviewed in preparation for making the statement the interest due and owing is $ 16, (Affidavit, lj4) 10. All doeuments, computer entries, digital images, electronic making the statement that the late charges due and owing are $ (Affidavit, u4) I 1. All documents, computer entries, digital images, electronic making the statement that the inspections conducted on the property cost $ (Affidavit,1T4) 12. All documents, computer entries, digital images, electronic making the statement that the BPO cost $ (Affidavit, fl4) 2 ICE LECAL, P.A, I 975 SANSBUR ys Wav, Su rre 04, wesr Pelvr Bsacn, FL 334 I I. -felephon E (56 I ) FAcsr M rle ( 866)

5 CASE NO CA XXXX MB 13. All documents, computer entries, digital images, electronic making the statement that Plaintiff "has employed the services of the law firm of Florida Default Law Group, P.L. in this action against the Defendant(s), and is obligated to pay Florida Default Law Group, P.I-. a reasonable attomey's fee for its services" (Affidavit, fls) 14. The printout of the MAS INV1 for the subject loan from the "MSP Fidelity" program as described in the deponent's deposition, pages 22-24, taken in Indymac Bank, F.S.B. v. Malerman, Case No CA0l8l65XXXXMB (Palm Beach County) on February 5, All documents reviewed by deponent in preparation of the Affidavit as to Amounts Due and Owing filed in this case. a J lce l,eaal, P.A SANSBURys WAy, Sulrt. 1 04, WEsr PALM BE^CH, l.-l 334 I I I TELEpiToNE (56 l ) FAcs[.4rLE (866)

IN THE CIRCUIT COURT FOR THE 11TH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA

IN THE CIRCUIT COURT FOR THE 11TH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA INDYMAC FEDERAL BANK FSB, vs. Plaintiff, ENRIQUE FABRE; THE UNKNOWN SPOUSE OF ENRIQUE FABRE; ANY AND ALL UNKNOWN