IN THE CIRCUIT COURT OF THE NINTH JUDICIAL DISTRICTIN AND FOR BREVARD COUNTY, FLORIDA

U.S. BANK NATIONAL ASSOCIATION, CASE: 2009-CA-00000AS TRUSTEE, FOR TBW MORTGAGE-BACKED TRUST SERIES 2006-5, MORTGAGE-BACKED PASS-THROUGHCERTIFICATES, SERIES 2006-5,

PLAINTIFF

v.

JOHN DOE, et. al.,

DEFENDANT____________________________________/

DEFENDANT JOHN DOE'S NOTICE OF TAKING CORPORATE REPRESENTATIVE DEPOSITION

YOU ARE NOTIFIED that the undersigned will take the deposition of Plaintiff, before a person authorized to take depositions at:

PLACE: 3239 North Highway 1, Mims, Florida, 32754TIME: 9:00 amDATE: June 24, 2011

Such deposition shall continue from day to day until completed. The deposition shall be used for discovery purposes, use at trial or under Rule 1.390.

Plaintiff shall designate one or more officers, directors, or managing agents, or other per-sons who consent to do so, to testify on its behalf regarding the matters listed on the attached Ex-hibit A and may state the matters on which each person designated will testify. The persons so designated shall testify about matters known or reasonably available to the organization.

The Witness(es) shall have with him or her, for examination and possible copying, the documents listed on the attached Exhibit B. These items will be inspected and may be copied at that time. Plaintiff will not be required to surrender the original items.

If Plaintiff fails to appear, fails to designate one or more persons to testify or fails to fur-nish the specified records, Plaintiff may be in contempt of court.

YOU ARE NOTIFIED that if you are a person with a disability who needs any accom-modation in order to participate in this proceeding, you are entitled, at no cost to you, to the pro-vision of certain assistance. Please contact James E. Orth, Jr. at (407) 376-1400 or George Gingo (321) 264-9624 within two days of receipt of this summons. If you are hearing impaired, call 711.

DATED on the 17th day of May, 2011.

_____________________George Gingo, FBN 879533James Orth, FBN 75941 P.O. Box 706Mims, FL 32754321-264-9624 Office321-383-1105 Fax ggingo@yahoo.com jamesorthlaw@gmail.com

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing has been furnished by U.S. Mail, this 17th day of May, 2011, to Daniel Consuegra, 9204 King Palm Drive, Tampa, FL 33619-1328.

______________________________George Gingo, 879533

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EXHIBIT A MATTERS ON WHICH EXAMINATION ARE REQUESTED

(Note: All references to the “Note” includes the subject note, any allonge(s) to the subject note, any assignment(s) of the subject note and all other documents which are intended to transfer the subject note. All references to the “Mortgage” includes the subject mortgage and all assign-ment(s) of the subject mortgage. All references to “Plaintiff” includes the servicers, sub-servicers, agents and representatives.)

General.

1. Each allegation of fact pled in the Amended Complaint filed in this matter and each and every item set forth below in this exhibit A and also in exhibit B.

Those Who Executed Documents In This Case

2. The employment of the following people for Plaintiff :

Theresa Esposito;Erla Carter-Shaw;

Christina Rodes;Kathy Pierson;Anthoy Irish;

Belinda Roane; Brenda Nichols;

Loren Bonner; and Judith DiGiorgi

including:

a. When they began employment;b. Their salary or other compensation;c. Their benefits;d. Their job description and job performance;e. Their factual basis for each assertion of fact in the documents that they each ex

ecuted; and,f. The corporate resolution, powers of attorney or other corporate proceedings that

granted them authority to act and execute the documents that they executed in this case.

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Designated Witness(es).

3. All relevant matters within the personal knowledge of any and each person designated by you pursuant to this notice of taking deposition duces tecum to testify about matters known or reasonably available to the organization.

Persons with Knowledge.

4. The name, business and residence address, business and residence telephone number, employer, title and job description for all persons who are believed or known by Plaintiff, its agents or attorneys, to have knowledge of any facts or issues which are raised in this case and specify the subject matter about which each person has knowledge.

5. The name, business and residence address, business and residence telephone number, employer, title and job description for all persons who are believed or known by the Plaintiff to have knowledge of any facts that establish that the Plaintiff is the owner or servicer of the promissory note that is the subject of this foreclosure and specify the facts about which each person has knowledge.

Statements.

6. Whether Plaintiff has heard, or has knowledge of, any statement or remark made by or on behalf of any party to this lawsuit concerning any issue in this lawsuit and, if so, the name and address of each person who made the statement or statements, the name and address of each person who heard the statement, and the date, time, place, and substance of each statement.

7. Whether Plaintiff made any electronic, digital or other recording of any statement or remark made by or on behalf of any party to this lawsuit concerning any issue in this lawsuit, the name and address of each person whose statement was recorded, whether each recording was transcribed, the substance of each statement that was recorded, the name and address of the person who took or prepared each recording, the date each recording was made, the current location of each recording, and the name and address of the current custodian of each recording.

8. The name and address of every person known to you, your agents or attorneys who have knowledge about, or possession, custody or control of any model, plat, map, drawing, motion picture, audio recording, video recording or photograph pertaining to any fact or issue involved in this controversy and identify what item each person has, the name and address of the person who took or prepared the item and the date the item was taken or prepared.

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Policies and Procedures.

9. The standard operating policies, practices or procedures that Plaintiff has adopted, employed or otherwise followed regarding the receipt and transfer of original notes and the recording or other logging of the receipt and transfer of original notes.

10. The standard operating policies, practices or procedures that Plaintiff has adopted, employed or otherwise followed regarding the storage of original notes and the recording or other logging of the storage of the original notes.

11. The standard operating policies, practices or procedures that Plaintiff has adopted, employed or otherwise followed regarding the search for original notes whose whereabouts cannot be determined and the application of those operating policies, practices or procedures in the search for the original note that is the subject of litigation.

12. The form of the Plaintiff's business entity, it's registration to operate in the State of Florida, including the date so registered and the agencies it is registered with in the State of Florida.

Subject Note.

13. Regarding the subject note, assignment of note and any and all allonge(s):

a. Whether the subject note has been securitized in a REMIC trust, and if so securitized, the identification of the trust, parties to the trust, and the authority of the Plaintiff to act on behalf of the owner of the trust, the pooling and servicing agreement or similar agreement and if so, the name of the agreement, the date of the agreement and any amendments and the identity of all the parties to the agreement.

c. The consideration that Plaintiff paid for the subject note, including the date such consideration was made, the amount of the consideration, the form of the consideration, the name and address of the person/entity that Plaintiff paid for the subject note, and whether any refund or kick-back was subsequently made related to such payment.

d. The name, job title, business phone number and business address of each records custodian who possessed the original promissory note for Plaintiff from the date Plaintiff first possessed the original promissory note until today. (NOTE THAT THIS TOPIC CONCERNS THE ORIGINAL NOTE THAT WAS SIGNED IN INK AND DOES NOT CONCERN COPIES OR SCANNED VERSIONS OF THOSE DOCUMENTS).

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e. Describe with particularity the circumstances surrounding the endorsement(s) of the note filed in this matter and the authorization, resolution, power of attorney or other delegation authorizing the endorsement(s) of the note.

f. Describe all physical transfers of the original promissory note from the original owner and holder to each successive owner and holder thereof, to the current owner and holder, along with the names and addresses of the persons or entities transferring and receiving the note and the names, addresses and phone numbers of any witnesses having personal knowledge of the physical transfers of said note.

g. Identify any and all contracts, agreements or other instructions regarding all transfers and/or sales of the Note.

h. Provide the full name, current employer, employer at the time the endorsement was made on the note, current home and work addresses and current home and work telephone numbers of the person who signed the endorsement(s) appearing on the Note.

i. Provide the date the endorsement(s) was/were added to the note, and, as of the date of the endorsement was added to the note, the employer, home and work addresses and home and work telephone numbers of the person(s) signing the endorsement, the witnesses thereto and the notary public(s) who notarized those documents.

j. Whether the subject note has been sold by Plaintiff, and if it has been sold, the name(s) and address(es) of the party(s) who paid Plaintiff for the subject note, the amount of money and other consideration that Plaintiff received from the sale of the subject note, the transmittal of the executed Note from Plaintiff to the purchasing entity, the exact date the note and any other documents related to the note left Plaintiff’s possession and the name of the individual or individuals who reviewed the documents prior to releasing them from the Plaintiff’s possession, the physical address where such documents were delivered and the person or entity that delivered such documents, the identity of the person or entity who received the Note, the identity of the person or entity from whom the executed Note was received and the date that any transmittal of these documents was made.

k. Whether the note was ever repurchased or reassigned from the buyer or assignee back to the original seller or assignor or any predecessor of the last buyer or assignee, or back to the Plaintiff, and if so, state the date of such, the parties involved and the reason for the repurchase/reassignment.

l. Whether the note was ever subject to or included in a mortgage loan purchase agreement or repurchase agreement and if so, the name of the agreement, the date of the agreement and any amendments and the identity of all the parties to the agreement.

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m. Whether collateral source funds were received for the subject note, including but not limited to TARP funds, other federal funds, other federally guaranteed funds, credit default swaps, insurance funds and reinsurance funds, and how those funds were applied to the debt.

Subject Mortgage.

14. Regarding the subject mortgage:

a. Whether the subject mortgage has been securitized in a REMIC trust, and if so securitized, the identification of the trust, parties to the trust, and the authority of the Plaintiff to act on behalf of the owner of the trust, the pooling and servicing agreement or similar agreement and if so, the name of the agreement, the date of the agreement and any amendments and the identity of all the parties to the agreement.

b. The consideration that Plaintiff paid for the subject mortgage, including the date such consideration was made, the amount of the consideration, the form of the consideration, the name and address of the person/entity that Plaintiff paid for the subject mortgage, and whether any refund or kickback was subsequently made related to such payment.

c. The name, job title, business phone number and business address of each records custodian who possessed the original mortgage and assignments thereof, for Plaintiff from the date Plaintiff first possessed the originals until today. (NOTE THAT THIS TOPIC CONCERNS THE ORIGINAL MORTGAGE AND ASSIGNMENTS THEREOF THAT WERE SIGNED IN INK AND DOES NOT CONCERN COPIES OR SCANNED VERSIONS OF THOSE DOCUMENTS).

d. Describe with particularity the circumstances surrounding the assignments of the mortgage filed in this matter and the authorization, resolution, power of attorney or other delegation authorizing the assignment(s).

e. Describe all physical transfers of the original mortgage and assignments thereof, from the original owner to each successive owner thereof, to the current owner and holder, along with the names and addresses of the persons or entities transferring and receiving the note and the names, addresses and phone numbers of any witnesses having personal knowledge of the physical transfers of said mortgage.

f. Identify any and all contracts, agreements or other instructions regarding all transfers and/or sales of the Mortgage.

g. Provide the full name, current employer, current home and work addresses and current home and work telephone numbers of the person who signed any document transferring ownership or holdership of the Mortgage, the witnesses thereto and the notary public(s) who notarized those documents.

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h. Whether the subject mortgage has been sold by Plaintiff, and if it has been sold, the name(s) and address(es) of the party(s) who paid Plaintiff for the subject mortgage; the amount of money and other consideration that Plaintiff received from the sale of the subject mortgage; the transmittal of the executed mortgage and assignments thereof from Plaintiff to the purchasing entity; the exact date the mortgage and any other documents related to the mortgage and its assignments left Plaintiff’s possession; the name of the individual or individuals who reviewed the documents prior to releasing them from the Plaintiff’s possession; the physical address where such documents were delivered; the person or entity that delivered such documents; the identity of the person or entity who received the Mortgage and its assignments; the identity of the person or entity from whom the executed Mortgage and its assignments were received; and the date that any transmittal of these documents were made.

i. Whether the mortgage was subject to a repurchase or buyback agreement; and if so, was the mortgage ever repurchased from Plaintiff or reassigned by Plaintiff to any predecessor in interest including but not limited to the original Mortgagee, original Seller or assignor, the original Depositor or any other predecessor in interest; whether the Mortgage was sold or assigned back to the Plaintiff by any other party pursuant to a repurchase, buyback or assignment agreement; and if so, state the date of such, the parties involved and the reason for the repurchase, buyback or reassignment.

j. Whether the mortgage was ever subject to or included in a mortgage loan purchase agreement or repurchase agreement and if so, the name of the agreement, the date of the agreement and any amendments and the identity of all the parties to the agreement.

k. Whether collateral source funds were received for the subject mortgage, including but not limited to TARP funds, other federal funds, other federally guaranteed funds, credit default swaps, insurance funds and reinsurance funds, and how those funds were applied to the debt.

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EXHIBIT BDOCUMENTS REQUESTED FOR EXAMINATION

1. Copies of all documents referenced in Exhibit A.

2. All employment records that relate to the employment of the following people for Plaintiff:

Theresa Esposito;Erla Carter-Shaw;

Christina Rodes;Kathy Pierson;Anthoy Irish;

Belinda Roane; Brenda Nichols;

Loren Bonner; and Judith DiGiorgi

including:

a. Documents showing job description and job performance, including but not limited to letters, evaluations, offers, etc. for all periods while so employed;

b. All documents demonstrating when the beginning date of employment, salary and other compensation, benefits, including IRS W-2 or other IRS filings;

c. All authorizations, powers of attorney, corporate resolutions or other documents of corporate proceedings that granted authority to act as employee and agent of Plaintiff such that he or she had the authority to execute documents in this case; and,

d. All documents these people relied upon to support their execution of documents related to this case.

3. All documents showing the consideration that Plaintiff paid for the subject note, includeing but not limited to copies of the front and back of any and all checks and other recorded forms of payment, which prove that Plaintiff provided consideration for the subject note.

4. All documents showing the consideration that Plaintiff paid for the subject mortgage, including but not limited to copies of the front and back of any and all checks and other recorded forms of payment, which prove that Plaintiff provided consideration for the subject mortgage.

5. All documents showing the consideration that Plaintiff received from the sale or transfer of the subject note, including but not limited to copies of all checks, and other written or

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electronic forms of payment, including copies of all payment registers indicating payment to Plaintiff, by any entity who purchased the note from Plaintiff

6. All documents showing the consideration that Plaintiff received from the sale or transfer of the subject mortgage, including but not limited to copies of all checks, and other written or electronic forms of payment; copies of all payment registers indicating payment to Plaintiff, by any entity who purchased the mortgage from Plaintiff.

7. Copies of any REMIC trust agreement by which Plaintiff is authorized to enforce the subject note and in which the subject note is an asset, including all pooling and servicing agreements, all prospectus documents, all supplemental trust agreements, all supplemental pooling and servicing agreements, all supplemental prospectus agreements, and any and all attachments and exhibits to such documents.

8. Fully executed copy of the original mortgage schedule evidencing all mortgages, loans, notes, or other identifying numbers for all mortgages deposited into this REMIC trust to include a fully identifiable link between any identification numbers listed in the mortgage schedule and the subject note and mortgage in this action; any and all supplemental or modified mortgage schedules evidencing all mortgages, loans, notes, or other identifying numbers for all mortgages deposited into this REMIC trust to include a fully identifiable link between any identification numbers listed in the mortgage schedule and the subject note and mortgage in this action.

9. Copies of the Trustee’s Initial Certification, Interim Certification, and Final Certification or any such documents by any other name evidencing the initial, interim, and final review of the mortgage files, loan files, mortgages and assignments of mortgages, notes and indorsements of notes thereby certifying to the depositor that all the mortgages, assignments of mortgages, notes, indorsements of notes, and allonges to notes which were listed on the mortgage schedule were in fact received by the Trustee or Master Servicer as required by the terms of the REMIC Trust.

10. Copies of any trust agreement by which Plaintiff is authorized to enforce the mortgage and in which the subject mortgage is an asset, including all trust agreements, all pooling and servicing agreements, all prospectus documents, all supplemental trust agreements, all supplemental pooling and servicing agreements, all supplemental prospectus agreements, and any and all attachments and exhibits to such documents.

11. Copies of any mortgage loan purchase agreement or similar agreement to which this note is subject indicating the identity of all the parties to the agreement, the name of the agreement, the date of the agreement and any and all amendments to the agreement.

12. Copies of any and all written operating policies, practices or procedures that Plaintiff has adopted, employed or otherwise followed for maintenance and storage of all records, including but not limited to the storage of corporate records, client records, administrative records, such as delivery/mailing logs, closing files and any other records.

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13. Copies of any and all written standard operating policies, practices or procedures that Plaintiff has adopted, employed or otherwise followed regarding the storage and destruction of all records, including but not limited to the storage and destruction of corporate records, client records, administrative records, such as delivery/mailing logs, closing files and any other records.

14. All powers of attorney, corporate resolutions and any other documents authorizing the signing of the documents requested herein by the person(s) who signed such document(s).

15. Copies of each notice that Plaintiff, its master servicer or any subservicer mailed or otherwise delivered to Defendants concerning the default upon the note and mortgage, includeing for each document the substance of the document, the person or entity that prepared the document, the address to which it was mailed, evidence or other proof that it was received by the Defendant, including proof of such mailing, such as by certified mail, return receipt from the U.S. Post Office.

16. The standard operating policies, practices or procedures that Plaintiff has adopted, employed or otherwise followed regarding the receipt and transfer of original notes and the recording or other logging of the storage of the original notes.

17. The standard operating policies, practices or procedures that Plaintiff has adopted, employed or otherwise followed regarding the storage of original mortgages and the recording or other logging of the storage of the original mortgages.

18. The standard operating policies, practices or procedures that Plaintiff has adopted, employed or otherwise followed regarding the search for original notes whose whereabouts cannot be determined and the application of those operating policies, practices or procedures in the search for the original note that is the subject of this litigation.

19. Documentation filed with a State of the United States establishing the Plaintiff as a business entity and documentation demonstrating that the Plaintiff was properly registered with the State of Florida at the time the case was commenced.

20. Relating to the subject note:

a. All books, papers, records, documents and other tangible things kept by Plaintiff relating to the note that are the subject of this litigation.

b. Current copies of the front and back side of each page of the note, any and all allonges, any and all assignments thereof, and any other document that purports to transfer an interest in the note.

c. All documents demonstrating from whom Plaintiff purchased the note.

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d. All documents demonstrating the transfer of the note from the original Lender, to any intervening party, and ultimately to the current owner including but not limited to the executed note, allonge(s), assignments.

e. Any and all files and/or documents relating to each and every negotiated delivery of the executed note, its allonge(s) and assignments including but not limited to books, papers, records, documents or tangible things, transport records, receipt, check, ledger, spreadsheet, delivery fees, delivery company, and name, work address and telephone number, home address and telephone number of the individual responsible for the physical delivery of the note. (NOTE THAT THIS REQUEST RELATES TO TRANSFER OF THE ORIGINAL NOTE AND ITS ALLONGES AND ASSIGNMENTS WHICH ARE SIGED IN INK AND DOES NOT CONCERN TRANSFER OF COPIES OF THOSE DOCUMENTS).

f. Copies of any and all contracts, notes, Agreements, Closing Instructions, Delivery Tracking Numbers, Invoices and/or other documents, including electronic images, evidencing to whom the executed note was delivered.

g. Contracts, agreements, closing instructions or other documents that relate to the delivery of the executed note to the entity to whom Plaintiff, sold or transferred the note.

h. Copies of any and all file destruction logs relating to the subject note.

i. Employment records and documents that verify that the notaries public, signator- ies, indorsee(s), indorser(s) assignors, etc., of the note were indeed employed by the respective note owner at the time they signed, endorsed or notarized the note, allonge, and/or assignment of note.

j. The Notary Registration Books for all public notaries who certified all signatures or endorsements of each individual on the note, allonge and/or assignment(s) of note.

k. All assignments, transfers, allonges or other documents evidencing a transfer, sale or assignment of the note, deed of trust, monetary instrument or other document that secures payment by Defendants to this obligation in this account from the inception of this account to the present date.

l. Copies of any kind of receipt or invoice indicating transfers of the original Promissory note from the Plaintiff to another entity and then back to the Plaintiff, with all intervening transfers to effect a full chain of title. (NOTE THAT THIS REQUEST RELATES TO TRANSFER OF THE ORIGINAL NOTE AND ITS ASSIGNMENTS AND ALLONGES THAT WERE SIGED IN INK BY DEFENDANT AND DOES NOT CONCERN TRANSFER OF COPIES OF THOSE DOCUMENTS).

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m. The name, job title, business phone number and business address of each records custodian who possessed the original promissory note for Plaintiff from the date Plaintiff first possessed the original promissory note until it was sold, transferred or assigned to another entity. (NOTE THAT THIS TOPIC CONCERNS THE ORIGINAL NOTE AND ITS ASSIGNMENTS AND ALLONGES THAT WERE SIGNED IN INK AND DOES NOT CONCERN COPIES OF THOSE DOCUMENTS).

n. Documentation demonstrating collateral source funds were received for the subject note, including but not limited to TARP funds, other federal funds, other federally guaranteed funds, credit default swaps, insurance funds and reinsurance funds, and documentation demonstrating how those funds were applied to the debt.

21. Relating to the subject mortgage:

a. All books, papers, records, documents and other tangible things kept by Plaintiff, relating to the mortgage that are the subject of this litigation.

b. Current copies of the front and back of each page of the mortgage, any and all assignments thereof, and any other document that purports to transfer an interest in the mortgage.

c. All documents demonstrating from whom Plaintiff purchased the mortgage.

d. All transfer documents demonstrating each and every transfer of the mortgage from the entity that first owned the mortgage to the current owner thereof.

e. All logs or other records that evidence the delivery of the executed mortgage and its assignments, to any other person or entity.

f. Any and all files and/or documents (including electronic images) evidencing each and every negotiated delivery of the mortgage and its assignments including but not limited to books, papers, records, tangible things, contracts, notes, Agreements, Closing Instructions, Delivery Tracking Numbers, Invoices, transport records, receipt, check, ledger, spreadsheet, delivery fees, delivery company, and name, work address and telephone number, home address and telephone number of the individual responsible for the physical delivery of the mortgage. (NOTE THAT THIS REQUEST RELATES TO TRANSFER OF THE ORIGINAL MORTGAGE AND ITS ASSIGNMENTS WHICH ARE SIGED IN INK AND DOES NOT CONCERN TRANSFER OF COPIES OF THOSE DOCUMENTS).

g. Contracts, agreements, closing instructions or other documents that relate to the delivery of the executed mortgage to the entity to whom Plaintiff, sold or transferred the mortgage.

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h. Copies of any and all file destruction logs relating to the subject mortgage.

i. Employment records and documents that verify that the notaries public, signator ies, indorsee(s), indorser(s) assignors, etc., of the mortgage were indeed employed by the respective mortgage owner at the time they signed, endorsed or notarized the mortgage and and/or assignment(s) of mortgage.

j. The Notary Registration Books for all public notaries who certified all signatures or endorsements of each individual on the note, allonge and/or assignment(s) of note, mortgage and assignments of mortgage.

k. All assignments, transfers, allonges or other documents evidencing a transfer, sale or assignment of the mortgage, deed of trust, monetary instrument or other document that secures payment by Defendants to this obligation in this account from the inception of this account to the present date.

l. Copies of any kind of receipt or invoice indicating transfers of the original mortgage from the Plaintiff to another entity and then back to the Plaintiff, with all intervening transfers to effect a full chain of title. (NOTE THAT THIS REQUEST RELATES TO TRANSFER OF THE ORIGINAL MORTGAGE AND ITS ASSIGNMENTS WHICH ARE SIGED IN INK AND DOES NOT CONCERN TRANSFER OF COPIES OF THOSE DOCUMENTS).

m. The name, job title, business phone number and business address of each records custodian who possessed the original mortgage for Plaintiff from the date Plaintiff first possessed the original mortgage until it was sold, transferred or assigned to another entity. (NOTE THAT THIS TOPIC CONCERNS THE ORIGINAL MORTGAGE AND ITS ASSIGNMENTS THAT WERE SIGNED IN INK AND DOES NOT CONCERN COPIES OF THOSE DOCUMENTS).

n. Documentation demonstrating collateral source funds were received for the subject mortgage, including but not limited to TARP funds, other federal funds, other federally guaranteed funds, credit default swaps, insurance funds and reinsurance funds, and documentation demonstrating how those funds were applied to the debt.

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