Delina Pierre - Request For Judicial Notice March 22, 2012
Delina Pierre - Request For Judicial Notice March 22, 2012
Delina Pierre - Request For Judicial Notice March 22, 2012
Plaintiff,
vs.
Judge Marina Garcia-Wood
DILINA PIERRE, et al,
Defendants.
Defendant, DILINA PIERRE, move this court, pursuant to Fla. R. Civ. Pro.
Florida Statutes 90.201, 90.202, 90.203 to take judicial notice of the following:
I.I am requesting the court take judicial notice that U.S. Bank N.A. has
never been a proper party to enforce the note and mortgage which is the subject of this
action based on the following publically available documents, true and accurate copies of
which are attached here.
2.1 executed a loan with Aegis Funding Corporation on September 9, 2005,
as is reflected in the mortgage recorded in Official Records Book 40564, Page 379-393 of
the Public Records of Broward County, Florida. A true and accurate copy of the
mortgage is attached here and in the court file of this action.
3.U.S. Bank NA filed a Notice of Lis Pendens and Complaint on January
23, 2009 to foreclose the note and mortgage on my home, alleging in the Complaint it is
the Trustee for the registered holders of Aegis Asset Backed Securities Trust, Mortgage
Pass-Through Certificates, Series 2005-5 as is reflected in the court file of this action.
4. As of the filing of this action on January 23, 2009, the Trustee for the
registered holders of Aegis Asset Backed Securities Trust, Mortgage Pass-Through
Certificates, Series 2005-5 was not U.S. Bank, N.A., it was Wachovia Bank, N.A.. as is
. -
•
reflected in the Prospectus supplement filed with the SEC dated June 10, 2005, a true and
accurate copy of which is attached here.
WHEREFORE, Defendants respectfully request the court take judicial notice of
the attached documents and deny the relief sought by Plaintiff or set the matter for
hearing on the issues raised by the documents attached.
I HEREBY CERTIFY THAT a true and correct copy of this Request for
Judicial Notice was hand delivered to Jennifer B. Levy, Esq., or whichever attorney
appears in court on behalf of Clarxield & Okon, P. A., 500 Australian Avenue, Suite 730,
West Palm Beach, FL 33401 this 22nd day of March, 2012.
MULTISTATE ADJUSTABLE RATE NOTE4JBOR SD&MONTH INDEX (AS PUBLISHED IN THE WALL STREET JOURNAL)-
Single Famiy-Fannfe Mae UNIFORM INSTRUMENT
Modified by NBddJeberg, Riddle & Gianna Form 3520 1/01 (Page 1 of 5 Pages)
20008227912180
INITIALS:
Loun No: 2000822791 ^ Data ID: 995
»
(B) Amount of My Initial Monthly Payments
Each of my initial monthly payments will be in the amount of U.S. $ 2,068.14. This amount may change.
(C) Monthly Payment Changes
Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest
rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly
payment in accordance with Section 4 of this Note.
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
, The interest rate I will pay may change on the first day of October, 2007, and on that day every 6th month
thereafter. Each date on which my interest rate could change is called a "Change Date."
. (B) The Index
; Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average
of interbank offered rates for six month U.S. dollar-denominated deposits in the London market ("LEBOR"), as
published in The WsJl Street Journal. The most recent Index figure available as of the first business day of the
month immediately preceding the month in which the Change Date occurs is called the "Current Index."
If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable
information. The Note Holder will give me notice of this choice.
' (C) Calculation of Changes
i Before each Change Date, the Note Holder will calculate my new interest rate by adding SIX and 3/10
percentage points ( 6300 %) to the Current Index. The Note Holder will then round the result of this addition to
the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this
rounded amount will be my new interest rate until the next Change Date.
The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay
the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest
rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment.
(D) Limits on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be greater than 12.6400 % or less than
9.6400 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than
ONE percentage point (1.00 %) from the rate of interest I have been paying for the preceding 6 months. My
interest rate will never be greater than 15.6400 % or less than 9.6400 %.
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly
payment beginning on the first monthly payment date after the Change Date until the amount of my monthly
payment changes again.
} (F) Notice of Changes
• The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my
monthly payment before the effective date of any change. The notice will include information required by law to
be given to me and also the title and telephone number of a person who will answer any question I may have
regarding the notice.
MULT1STATE ADJUSTABLE RATE NOTE4JBOR SKMONTH INDEX (AS PUBLISHED IN THE WALL STREET JOURNAL)-
Snbte BntyRmte Mae UNIFORM INSTRUMENT
Modified by Mkfcfleberg, Rkkfe & Gfenna Form 3520 1/01 (Page 2 of 5 Pages)
INITIALS:
Loan No: 2000822791 ^ ^- pata n): 995
, t
5< BORROWER'S RIGHT TO PREPAY
> I have the right to make payments of Principal at any time before they are due. A payment of Principal only
is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so.
I may not designate a payment as a Prepayment if I have not made all the monthly payments due under this Note.
: I may prepay all or any part of the unpaid balance of the principal at any time, in which event Note Holder
may, at its option and as permitted by law, if prepayment occurs within 2 years after the execution of this Note,
assess a prepayment penalty on the amount in excess of 20 percent of the original loan amount that is prepaid in
any 12-month period. The prepayment penalty shall be in an amount equal to 6 months' advance interest on the
arhount prepaid in excess of 20 percent of the original loan amount of this Note.
; If this Note is not in default, the Note Holder will use my Prepayments to reduce the amount of Principal that
I pwe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest
on the Prepayment amount before applying my Prepayment to reduce the Principal amount of this Note. If I make
a [partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder
agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after
the first Change Date following my partial Prepayment However, any reduction due to my partial Prepayment may
be offset by an interest rate increase.
By accepting partial payment of any payment, Note Holder does not waive the right to collect the remainder
of such payment. Acceptance of any payment after maturity, or waiver of any breach or default of the terms of this
Note shall not constitute a waiver of any later or other breach or default, and failure of Note Holder to exercise
any of its rights shall not constitute waiver of such rights.
6., LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,
trjen: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;
and (b) any sums already collected from me that exceeded permitted limits will be refunded to me. The Note
Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct
payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment.
7-, BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days
after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00 % of
my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late
payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Acceleration
If I am in default, the Note Holder may without notice or demand, unless otherwise required by applicable
law, require me to pay immediately the full amount of Principal that has not been paid and all interest that I owe
on that amount.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as
described above, the Note Holder will still have the right to do so if I am in default at a later time.
I (E) Payment of Note Holder's Costs and Expenses
' If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have
the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited
by applicable law. Those expenses include, for example, reasonable attorneys' fees.
MULT1STATE ADJUSTABLE RATE NOTE-LJBOR SDtMONTH INDEX (AS PUBLISHED IN THE WALL STREET JOURNAL)-
Sngte Famayfennie Mae UNIFORM INSTRUMENT
Modified by Mkkfleberg, RkkSe & Gbnna Form 3520 1/01 (Page 3 of 5 Pages)
INITIALS:
Loan No: 2000822791 ^ ^ pata ID: 995
8J GIVING OF NOTICES
| Unless applicable law requires a different method, any notice that must be given to me under this Note will
b£ given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different
address if I give the Note Holder a notice of my different address.
: Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under
this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A)
above or at a different address if I am given a notice of that different address.
9V OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the
promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor,
surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations,
including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises
made in this Note. The Note Holder may enforce its rights under this Note against each person individually or
against all of us together. This means that any one of us may be required to pay all of the amounts owed under
this Note.
10. WAIVERS
| I and any other person who has obligations under this Note waive the rights of notice of acceleration,
Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand
payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other
persons that amounts due have not been paid.
11. UNIFORM SECURED NOTE
: This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections
given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"),
dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keep
the promises that I make in this Note. That Security Instrument describes how and under what conditions I may
be required to make immediate payment in fall of ail amounts I owe under this Note. Some of those conditions
read as follows:
Transfer of the Property or a Beneficial Interest in Borrower, As used in this Section 18, "Interest in
the Property" means any legal or beneficial interest in the Property, including, but not limited to, those
beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow
• agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
': If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower
; is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
] Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender
; information required by Lender to evaluate the intended transferee as if a new loan were being made to the
! transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan
< assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is
. acceptable to Lender.
, To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to
Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption
I agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and
| agreements made in the Note and in this Security Instrument Borrower will continue to be obligated under
I the Note and this Security Instrument unless Lender releases Borrower in writing.
\E ADJUSTABLE RATE NOTE-UBOR SKMONTH INDEX (AS PUBLISHED IN THE WALL STREET JOURNAL)-
INITIALS:
LbanNo: 2000822791
Data ID: 995
The state documentary tax due on this Note has been paid on the Mortgage securing this indebtedness.
.(Seal)
DILJNA PIERRE -Borrower
ADAM WINTERS
ASSISTANT SECRETARY
WITHOUT RECOURSE
AEGIS rflbRTO^GH CORPORATION
ADAM WINTERS
ASSISTANT SECRETARY
MULT1STATE ADJUSTABLE RATE NOTE-UBOR SKMONTH INDEX (AS PUBLISHED IN THE WALL STREET JOURNAL)-
Singte Famfly-Fannte Mae UNIFORM INSTRUMENT
Modified by Mkkfleberg, Ridde & Gianna Form 3520 1/01 (Page 5 of 5 Pages)
33301
DEFTNITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document
are also provided in Section 16.
v/
(A) "Security Instrument?' means this document, which is dated September 9, 2005, together with all
Riders to this document
(B) "Borrower" is DILINA PIERRE , A SINGLE WOMAN . Borrower is the mortgagor under
this Security Instrument
(C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that
is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee
under this Security Instrument MERS is organized and existing under the laws of Delaware, and has
an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
(D) "Lender" is AEGIS FUNDING CORPORATION. Lender is a Corporation organized and existing
under the laws of the State of DELAWARE. Lender's address is 3250 BRIARPARK DRIVE, SUITE
400, HOUSTON, TX 77042-4204.
(E) "Note" means the promissory note signed by Borrower and dated September 9, 2005. The Note
states that Borrower owes Lender TWO HUNDRED FORTY-THREE THOUSAND and
NO/100 Dollars (U.S. $ 243,000.00) plus interest Borrower has promised to pay this debt in regular
Periodic Payments arid to pay the debt in full not later than October 1, 2035.
(F) "Property" means the property that is described below under the heading 'Transfer of Rights in
the Property."
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late
charges due under the Note, and all sums due under this Security Instrument, plus interest
\A>!
20008227910130
Loan No: 2000822791 Data ID: 995
(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The
following Riders are to be executed by Borrower [check box as applicable]:
gj Adjustable Rate Rider D Condominium Rider Q Second Home Rider
n Balloon Rider Q Planned Unit Development Rider
D 1-4 Eunfly Rider Q Biweekly Payment Rider
n Other(s) [specify]
(T) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable
final, non-appealable judicial opinions.
(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to
debit or credit an account Such term includes, but is not limited to, point-of-sale transfers, automated
teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of
the Property, (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as
to, the value and/or condition of the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default
on, the Loan.
(O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under
the Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 TJ.S.C. §2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation that governs the same subject matter. As
used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed
in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related
mortgage loan" under RESPA
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether
or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender (i) the repayment of the Loan, and all renewals, extensions
and modifications of the Note; and (n) the performance of Borrower's covenants and agreements under
this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and
convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the
successors and assigns of MERS, the following described property located in the County of
BROWARD:
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument All of the foregoing is referred to in this
Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal
title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with
law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to
exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the
Property; and to take any action required of Lender including, but not limited to, releasing and
canceling this Security Instrument
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and
has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except
for encumbrances of record. Borrower warrants and will defend generally the title to the Property
against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering
real property.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are dne
tinder the Note, until the Note is paid in full, a sum (the "Ponds") to provide for payment of amounts
due for: (a) taxes and assessments and other items which can attain priority over this Security
Instrument as a lien or encumbrance on the Property, (b) leasehold payments or ground rents on the
Property, if any, (c) premiums for any and all insurance required by Lender under Section 5; and
(d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the
payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items
are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may
require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and
such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender
all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow
Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items.
Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any
time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly,
when and where payable, the amounts due for any Escrow Items for which payment of Funds has been
waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment
within such time period as Lender may require. Borrower's obligation to make such payments and to
provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this
Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is
obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due
for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower
shall then be obligated under Section 9 to repay to Lender any such amount Lender may revoke the
waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and,
upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then
required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender
to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount
a lender can require under RESPA Lender shall estimate the amount of Funds due on the basis of
current data and reasonable estimates of expenditures of future Escrow Items or otherwise in
accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured)
or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later
than the time specified under RESPA Lender shall not charge Borrower for holding and applying the
Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays
Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless
an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender
shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender
can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower,
without charge, an annual accounting of the Funds as required by RESPA
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA If there is a shortage of Funds held in
escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower
shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in
no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under
RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the
amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12
monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly
refund to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments
or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if
any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided
in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner
acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien
in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's
opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only
until such proceedings are concluded; or (c) secures from the holder of the lien an agreement
satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any
part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender
may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is
given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this
Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan.
5. Property Insnrance. Borrower shall keep the improvements now existing or hereafter erected
on the Property insured against loss by fire, hazards included within the term "extended coverage," and
any other hazards including, but not limited to, earthquakes and floods, for which Lender requires
insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the
periods that Lender requires. What Lender requires pursuant to the preceding sentences can change
during the term of the Loan. The insurance carrier providing the insurance shall be chosen by
Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised
unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a
one-time charge for flood zone determination, certification and tracking services; or (b) a one-time
charge for flood zone determination and certification services and subsequent charges each time
remappings or similar changes occur which reasonably might affect such determination or certification-
Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency
Management Agency in connection with the review of any flood zone determination resulting from an
objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any
risk, hazard or liability and might provide greater or lesser coverage than was previously in effect
Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed
the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this
Section 5 shall become additional debt of Borrower secured by this Security Instrument. These
amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with
such interest, upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to
Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name
Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the
policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all
receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage,
not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall
include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss
payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender.
Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower
otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was
required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair
is economically feasible and Lender's security is not lessened. During such repair and restoration
period, Lender shall have the right to hold such insurance proceeds until Lender has had an
opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,
provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the
repairs and restoration in a single payment or in a series of progress payments as the work is
completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on
such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out
of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is
not economically feasible or Lender's security would be lessened, the insurance proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if
any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that
the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The
30-day period wfll begin when the notice is given. In either event, or if Lender acquires the Property
under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any
insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security
Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned
premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights
are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair
or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether
or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy
the Property as Borrower's principal residence for at least one year after the date of occupancy, unless
Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless
extenuating circumstances exist which are beyond Borrower's control
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the
Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property
in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless
it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower
shall promptly repair the Property if damaged to avoid farther deterioration or damage. If insurance
or condemnation proceeds are paid in connection with damage to, or the talcing of, the Property,
Borrower shall be responsible for repairing or restoring the Property only if Lender has released
proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single
payment or in a series of progress payments as the work is completed. If the insurance or
condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved
of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall
give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable
cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate information or statements to
Lender (or failed to provide Lender with material information) in connection with the Loan. Material
representations include, but are not limited to, representations concerning Borrower's occupancy of the
Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument
If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument,
(b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or
rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation
or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to
enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and
pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights
under this Security Instrument, including protecting and/or assessing the value of the Property, and
securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying
any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and
(c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this
Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property
includes, but is not limited to, entering the Property to make repairs, change locks, replace or board
up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous
conditions, and have utilities turned on or off. Although Lender may take action under this Section 9,
Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that
Lender incurs no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date
of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower
requesting payment
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge
unless Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the
Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for
any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the
mortgage insurer that previously provided such insurance and Borrower was required to make separately
designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums
required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at
a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect,
from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance
coverage is not available, Borrower shall continue to pay to Lender the amount of the separately
designated payments that were due when the insurance coverage ceased to be in effect Lender will
accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance.
Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in
full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve.
Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and
for the period that Lender requires) provided by an insurer selected by Lender again becomes available,
is obtained, and Lender requires separately designated payments toward the premiums for Mortgage
Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower
was required to make separately designated payments toward the premiums for Mortgage Insurance,
Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a
non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance
with any written agreement between Borrower and Lender providing for such termination or until
termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation
to pay interest at the rate provided in the Note.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that,
in Lender's judgment, could result in forfeiture of the Property or other material impairment of
Lender^ interest in the Propertyjpr rights under this Security ^ient. Borrower can ewe-such a
defaiftftnd, if acceleration ha^^arred, reinstate as provided " ion 19, by causing ibeg^j$m or
proc$j§f?ng to be dismissed wft|f -tolling that, in Lender's judgmei Deludes forfeiture of thej*gaperty
or othsj; material impairmenT t Lender's interest in the Pro / or rights under
Instr^ent. The proceeds of ;. award or claim for damages tha e attributable to the
of Liter's interest in the Pro ;ry are hereby assigned and shall paid to Lender.
j*ill Miscellaneous Proceed that are not applied to restoratiovor repair of the Property ^nall be
applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by
Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability
of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence
proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or
otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand
made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender
in exercising any right or remedy including, without limitation, Lender's acceptance of payments from
third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then
due, shall not be a waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several However, any Borrower
who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing
this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property
under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured
by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend,
modify, forbear or make any accommodations with regard to the terms of this Security Instrument or
the Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall
obtain all of Borrower's rights and benefits under this Security Instrument Borrower shall not be
released from Borrower's obligations and liability under this Security Instrument unless Lender agrees
to such release in writing. The covenants and agreements of this Security Instrument shall bind (except
as provided in Section 20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees.
In regard to any other fees, the absence of express authority in this Security Instrument to charge a
specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender
may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally
interpreted so that the interest or other loan charges collected or to be collected in connection with
the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount
necessary to reduce the charge to the permitted limit; and (b) any sums already collected from
Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make
this refund by reducing the principal owed under the Note or by making a direct payment to Borrower.
If a refund reduces principal, the reduction will be treated as a partial prepayment without any
prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's
acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right
of action Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shall be
deemed to have been given to Borrower when mailed by first class mail or when actually delivered to
Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice
to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the
Property Address unless Borrower has designated a substitute notice address by notice to Lender.
Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure
for reporting Borrower's change of address, then Borrower shall only report a change of address
through that specified procedure. There may be only one designated notice address under this Security
Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by
first class mail to Lender's address stated herein unless Lender has designated another address by notice
to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been
given to Lender until actually received by Lender. If any notice required by this Security Instrument
is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding
requirement under this Security Instrument.
16. Governing Law; Severabib'ty; Rules of Constrnction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract
or it might be silent, but such silence shall not be construed as a prohibition against agreement by
contract. In the event that any provision or clause of this Security Instrument or the Note conflicts
with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the
Note which can be given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation
to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security
Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section IS,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not
limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales
contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date
to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if
Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without
Lender's prior written consent, Lender may require immediate payment in full of all sums secured by
this Security Instrument However, this option shall not be exercised by Lender if such exercise is
prohibited by Applicable Law.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time
prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale
contained in this Security Instrument; (b) such other period as Applicable Law might specify for the
termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security
Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due
under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default
of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security
Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation
fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights
under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure
that Lender's interest in the Property and rights under this Security Instrument, and Borrower's
obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may
require that Borrower pay such reinstatement sums and expenses in one or more of the following forms,
as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by
a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by
Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no
acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration
under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest
in the Note (together with this Security Instrument) can be sold one or more times without prior notice
to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects
Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan
servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might
be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of
the Loan Servicer, Borrower wfll be given written notice of the change which will state the name and
address of the new Loan Servicer, the address to which payments should be made and any other
information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold
and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the
mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred
to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided
by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either
an individual litigant or the member of a class) that arises from the other party's actions pursuant to
this Security Instrument or that alleges that the other party has breached any provision of, or any duty
owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party
(with such notice given in compliance with the requirements of Section 15) of such alleged breach and
afforded the other party hereto a reasonable period after the giving of such notice to take corrective
action. If Applicable Law provides a time period which must elapse before certain action can be taken,
that time period will be deemed to be reasonable for purposes of this paragraph.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and
the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic
pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and
radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where
the Property is located that relate to health, safety or environmental protection; (c) "Environmental
Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental
Law, and (d) an "Environmental Condition" means a condition that can cause, contribute to, or
otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property.
Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in
violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due
to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the
value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on
the Property of small quantities of Hazardous Substances that are generally recognized to be
appropriate to normal residential uses and to maintenance of the Property (including, but not limited
to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand,
lawsuit or other action by any governmental or regulatory agency or private party involving the Property
and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat
of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release
of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is
notified by any governmental or regulatory authority, or any private party, that any removal or other
remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly
take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create
any obligation on Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Following Borrower's breach of any covenant or agreement in this
Security Instrument, Lender at its option may require immediate payment in full of all sums secured
by this Security Instrument without further demand and may foreclose this Security Instrument by
judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies
provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title
evidence.
23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release
this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a
fee for releasing this Security Instrument, but only if the fee is paid to a third party for services
rendered and the charging of the fee is permitted under Applicable Law.
24. Attorneys' Fees. As used in this Security Instrument and the Note, attorneys' fees shall
include those awarded by an appellate court and any attorneys' fees incurred in a bankruptcy
proceeding.
25. Jury Trial Waiver. The Borrower hereby waives any right to a trial by jury in any action,
proceeding, claim, or counterclaim, whether in contract or tort, at law or in equity, arising out of or
in any way related to this Security Instrument or the Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in
this Security Instnmjen) angrm any Rider executed by Borrower and recorded with it
State of FLORIDA
of §
.PIERRE
who [strike the following that does not apply] is personally known to me/has producedvJV
t^A. C 9 oiS£ y as identification.
SHANNON M. READE
MYCOMWSaONfDD 385926 Notary Public
Bffffes.-My2.2q09 Shannon M. Reade
(Name of person taking acknowledgment Typed,
Printed or Stamped)
My commission eaqpires:
$1,165,200,000 (Approximate)
AEGIS ASSET BACKED SECURITIES TRUST
Mortgage Pass-Through Certificates, Series 2005-5
Aegis
MORTGAGE'
The trust fund will issue certificates including the following classes offered hereby:
• Five classes of senior certificates.
• Eleven classes of subordinate certificates.
The classes of certificates offered by this prospectus supplement are listed, together with their initial class
principal amounts and interest rates, under "Summary of Terms—The Offered Certificates" on page S-2 of this
prospectus supplement. This prospectus supplement and the accompanying prospectus relate only to the offering of
the certificates listed in the table on page S-2 and not to any other classes of certificates that will be issued by the
trust fund as described in this prospectus supplement. Principal and interest on each class of offered certificates will
be payable monthly beginning in November 2005. Credit enhancement for the offered certificates will include excess
interest, overcollateralization, subordination, loss allocation and limited cross-collateralization features. Amounts
payable under an interest rate swap agreement provided by Bear Stearns Financial Products Inc. will be applied to
pay certain interest shortfalls, maintain overcollateralization and repay certain losses on the certificates.
The assets of the trust fund will primarily consist of two pools of conventional, first and second lien, adjustable
and fixed rate, fully amortizing and balloon, residential mortgage loans that were originated in accordance with
underwriting guidelines that are not as strict as Fannie Mae and Freddie Mac guidelines. After the closing date, but
before November 18, 2005, we expect that the trust fund will acquire additional mortgage loans as described under
"Description of the Mortgage Pools—Conveyance of Subsequent Mortgage Loans" in this prospectus supplement.
Investing in the offered certificates involves risks. You should consider carefully the factors discussed
under "Risk Factors" beginning on page S-15 of this prospectus supplement and page 4 of the
accompanying prospectus.
The certificates will represent interests in the trust fund only and will not represent interests in or obligations of
any other entity.
Neither the Securities and Exchange Commission nor any state securities commission has approved or
disapproved the certificates or determined that this prospectus supplement or the accompanying prospectus
is accurate or complete. Any representation to the contrary is a criminal offense.
The certificates offered by this prospectus supplement will be purchased by the underwriters from Aegis Asset
Backed Securities Corporation, and are being offered from time to time for sale to the public in negotiated transactions
or otherwise at varying prices to be determined at the time of sale. The underwriters have the right to reject any order.
Proceeds to Aegis Asset Backed Securities Corporation from the sale of these certificates will be approximately
99.75% of their initial total class principal amount before deducting expenses.
On or about October 28, 2005, delivery of the certificates offered by this prospectus supplement will be made
through the book-entry facilities of The Depository Trust Company, Clearstream Banking Luxembourg and the
Euroclear System.
This summary highlights selected information from this document and does not contain all of the
information that you need to consider in making your investment decision. To understand all of
the terms of the offering of the certificates, it is necessary that you read carefully this entire
document and the accompanying prospectus.
While this summary contains an overview of certain calculations, cashflow priorities and other
information to aid your understanding, you should read carefully the full description of these
calculations, cashflow priorities and other information in this prospectus supplement and the
accompanying prospectus before making any investment decision.
Whenever we refer to a percentage of some or all of the mortgage loans in the trust fund or in a
mortgage pool, that percentage has been calculated on the basis of the total scheduled principal
balance as of October 1, 2005 of the mortgage loans included in the statistical mortgage pool
described in this prospectus supplement, unless we specify otherwise. We explain in this
prospectus supplement under "Description of the Mortgage Pools—General" how the statistical
mortgage pool may vary from the initial mortgage loans delivered on the closing date and under
"Description of the Certificates—Distributions of Principal" how the scheduled principal balance
of a mortgage loan is determined. Whenever we refer in this summary of terms or in the risk
factors section of this prospectus supplement to the total principal balance of any mortgage loans,
we mean the total of their scheduled principal balances unless we specify otherwise.
S-l
Exhibit 4.1 Page 1 of 159
EX-4 2 exhibit41.htm EXHIBIT 4.1
EXECUTION
and
PROPERTY
APPRAISER
Site Address 4441 NW36 COURT , LAUDERDALE LAKES ID# 4941 24 03 0400
Property Owner USBANKNATRSTEE Millage 2012
Mailing Address PO BOX 24737 WEST PALM BEACH FL 33415 Use 01
Special Assessments
Fire Garbage | Light Drainage J Improvement j Safe
of 2 3/13/20127:26 AM
Plaintiff '$76,500.00
Auction Closed 08/17/2010 12:04:00 PM
CIRCUIT CIVIL 2010 AUG 20 AM 9:31 FILED FOR RECORD CLERK OF CIRCUIT COURT BROWARD COUNTY, FLA.
Contact Customer Service - CTSLink
AEGIS Asset Backed Securities Trust Wells Fargo Bank, N A.
Mortgage Pass-Through Certificates Securities Administration Services
Distribution Date: 27-Feb-2012 AEGIS Asset Backed Securities Trust
8480 Stagecoach Circle
Mortgage Pass-Through Certificates Frederick, MD 21701-4747
Series 2005-5 www.ctslink.com
Telephone: 1-866-846-4526
Fax: 240-586-8675
REO Detail - All Mortgage Loans in REO during Current Period
REO Loan Detail - All Mortgage Loans in REO during Current Period
REO Loan Detail - All Mortgage Loans in REO during Current Period
Pa°el8
AEGIS Asset Backed Securities Trust Contact Customer Service - CTSLmk
Wells Fargo Bank, N.A.
Mortgage Pass-Through Certificates
AEGIS Asset Backed Securities Trust Securities Administration Services
Distribution Date: 25-Aug-2010
8480 Stagecoach Circle
Mortgage Pass-Through Certificates Frederick, MD 21701-4747
Series 2005-5 www.ctslink.com
Telephone: 1-866-846-4526
Fax: 240-586-8675
Foreclosure Loan Detail - All Mortgage Loans in Foreclosure during Current Period
Page 23