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STATE OF WISCONSIN CIRCUIT COURT DANE COUNTY <br />BANK OF AMERICA, N.A. as Successor by <br />Merger to LaSalle Bank, N.A., as Trustee for <br />Merrill Lynch First Franklin Mortgage Loan <br />Trust, Mortgage Loan Asset -Backed <br />Certificates, Series 2007-2, <br />Plaintiff, CASE No. 09-CV-2339 <br />HON. JOHN C. ALBERT <br />vs. <br />JUSTIN ENGELHART, <br />Defendant. <br />AFFIDAVIT OF BANIEL A. MANNA <br />STATE OF WISCONSIN <br />MILWAUKEE COUNTY <br />) <br />)ss. <br />I, Daniel A. Manna, being first duly sworn on oath, state that: <br />I am an attorney at Foley & Lardner LLP, and one of the attorneys <br />representing the plaintiff in this action. <br />2. On June 27, 2011 1 conveyed a loan modification offer from Bank of <br />America to Justin Engelhart via an email to Mr. Engelhart's attorney. A true and correct copy of <br />the email conveying the offer is attached hereto as Exhibit A. <br />3. On October 19, 2011 I received an email from Mr. Engelhart's attorney <br />stating that Mr. Engelhart would not agree to the terms of the loan modification offered. A true <br />and correct copy of that ernail is attached hereto as Exhibit B. <br />4. The Dane County Assessor's Office recognizes the one -acre subject parcel <br />as a valid, taxable parcel. It has recognized the one -acre parcel as valid and taxable since 2004. A <br />4841-1091-7646.1 <br />