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{¶ 7} Deutsche Bank filed a motion for default judgment with respect to

those defendants who had not entered an appearance in the case. In response,

Nick Brdar filed a letter disclaiming any interest in the property.

{¶ 8} Deutsche Bank filed a motion for summary judgment and two

supporting affidavits.

Deutsche Bank also filed a notice of filing note and

allonge of note.

{¶ 9} The first supporting affidavit was of Daniel Richard, Assistant Vice

President of Home Loan Services, Inc., a servicing agent for Deutsche Bank. He

declared that Deutsche Bank was the holder of the note and mortgage that are

the subject of this action. He further declared that the note was in default and

that Deutsche Bank had elected to accelerate the entire balance due and owing

in the amount of $79,639.89. The second supporting affidavit was of April A.

Brown, counsel for Deutsche Bank. She declared that Deutsche Bank was the

holder of the note and mortgage, and she also authenticated a recorded

assignment of the mortgage.

{¶ 10} None of the defendants filed opposition briefs, affidavits, or other

evidence in response to Deutsche Bank’s motions.

{¶ 11} A hearing was held on the motion for default judgment before a

court magistrate on October 1, 2008. On that date, Deutsche Bank filed an

affidavit as to interest rate, establishing that the interest rate on the note

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