IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT

IN AND FOR COUNTY, FLORIDA

CIVIL DIVISION

EYESCLOSED BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF W ASN'TME MORTGAGE ASSETS INC., ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES

20 -xx UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF AUGUST _, 20_, WITHOUT RECOURSE.

CASE NO:

Plaintiff,

v.

__________ S~T~d _

S~T, et. al.

Defendants,

/

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DEFENDANTS' FIRST REQUEST FOR PRODUCTION

Defendants, S~T and S~T, ("SIVlART") requests

Plaintiff, EYESCLOSED BANK NATIONAL TRUST COMPANY, to produce the following documents pursuant to Rule 1.350, Florida Rules of Civil Procedure and pursuant to definitions and instructions set forth below.

DEFINITIONS

1. The terms "documents and written and electronic communications" as used herein

shall mean all original writings of any nature whatsoever and all non-identical copies thereof in your possession, custody and control, regardless of where located, and regardless of whether printed, or reproduced by any process, or written andlor produced by hand, or stored in any form of mechanical or electronic information retrieval system including computer data files, and whether or not claimed to be privileged or otherwise excludable from discovery, and including, but not limited to, contracts, agreements, records, tape recordings, correspondence, memoranda, communications, reports, studies, summaries, compilations, abstracts, minutes or records of all meetings, including directors, shareholders, and executive officer meetings, notes, agenda, bulletins, notices, announcements, statements, instructions, charts, manuals, brochures, schedules, price lists, telegrams, teletypes, papers, books, accounts, letters, photographs, objects, transcriptions of oral statements, court papers, or any other tangible thing.

2. The terms "concerning" or "concerns" as used herein shall mean referred or

referring to, alluded or alluding to, related or relating to, connected with, regarding, describing or reflecting.

3. The terms "you" or "your" as used herein shall mean the party to whom these are

directed and each and every name by which said party is known or has been known and all present and former agents, employees, representatives, attorneys and all other persons acting on its behalf of said party and may also include the original lender as defined herein.

4. The term "person" as used herein means the plural as well as the singular and

shall include any natural person, corporation, partnership, joint venture, association, governmental agency, and every other form of entity cognizable by law.

5. The terms "and" and "or" shall be both conjunctive and disjunctive.

6. The term "original lender" as used herein shall mean the lender who made the

loan or loans as defined herein.

7. The term "Loan" as used herein shall mean the loan evidenced by the promissory

note and mortgage executed on or about , and recorded on .

INSTRUCTIONS

1. You must serve a written response within thirty (30 days) after service of this

request. Your response must state that production and related activities will be permitted as requested or that the requested production is objected to, in which event the reasons for your objection must be stated.

2. Documents produced for inspection must be produced as they are kept in the

usual course of business or be organized and labeled to correspond with the categories in this request.

3. For each document withheld from production on the ground of attorney-client

privilege, work product doctrine or any other privilege:

(a) Describe the nature of the privilege.

(b) Describe the document by author, addressee or recipient, date, type

(memorandum, letter, invoice, notes, etc.) and general subject matter.

DOCUMENTS REQUESTED

1. Originals or best copies: Of any trust agreement ever concerning the Loan.

2. Originals or best copies: Of any pooling agreement ever concerning the Loan.

3. Originals or best copies: Of any servicing agreement ever concerning the Loan.

4. Originals or best copies: Of any custodian agreement ever concerning the Loan.

5. Originals or best copies: Of any "mortgage loan purchase agreement" or similar agreement together with any amendments thereto, ever concerning the Loan.

6. Originals or best copies: Of any agreement concerning any Special Purpose Vehicle or Special Purpose Entity ("SPE") that ever held the Loan.

7. Originals or best copies: Of any agreement containing any obligation to repurchase the Loan.

8. Originals or best copies: Of the original executed Pooling and Servicing Agreement

Dated as of for Asset-Backed Pass-Through Certificates Series together

with all exhibits thereto.

9. Originals or best copies: Of the original executed exhibits to the Pooling and

Servicing Agreement Dated as of for Asset-Backed Pass-Through Certificates Series

10. Originals or best copies: Of all documents concerning the repurchase or reassignment of the Loan from the buyer or assignee back to the original seller or assignor or to any predecessor of the buyer or assignee.

11. Originals or best copies: Of all records concerning the transfer or assignment of the Loan between the date of execution of the note and mortgage through to the date of your

response to this request to produce starting with the first transfer or assignment made by the original lender.

12. Originals or best copies: Of the entire Loan fIle together with any documents concerning the transfer or assignment to you or any other party of the Loan, the servicing of the Loan, the closing of the Loan, the underwriting approval for the Loan, the funding of the Loan, and the origination and application for the Loan. Please include all notes and entries in any logs.

13. Originals or best copies: Of any trust, transfer, depository, pooling, loan purchase, servicing, custodian or related agreement;. transfer and assignment documents; trust or servicing documents or other documents concerning the Loan including any agreement in which Wasn'tMe Mortgage Assets, Inc., Plaintiff or the original lender were a party, not produced in response to requests 1 through 9.

14. Originals or best copies: Of any diagrams or graphics or other documents which illustrate, concerning the Loan, the relationships among parties (including you, the original lender, any assignee, any servicer, any custodian, any depository, any Special Purpose Vehicle or Special Purpose Entity etc. etc.), the structure of the securities offered (including the flow of funds or any subordination features) and any other material features of the transaction concerning the Loan.

15. Originals or best copies: Of each and every document identified in your response to Defendants' First Interrogatories to Plaintiff.

l.Q,_ The original note executed for the Loan.

17. The original mortgage executed for the Loan.

18. All original assignments concerning the mortgage or note.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing has been furnished via email,

facsimile and by regular U.S. Mail this day of 20 __ , to: John Smith,

123 Street, City, Florida 54321.

Nickolas C. Ekonomides

NICKOLAS C. EKONOMIDES, P.A. 791 Bayway Boulevard

Clearwater, Florida 33767

Telephone No. (727) 447-1075

Fax No. (727) 447-1035 F.B.N.997821

Attorney for Defendant SMART and

____ SMART