BREACH OF CONTRACT (AGAINST THE FORECLOSING DEFENDANTS) 00.

Plaintiff re-alleges and reincorporates each and every allegation contained in the General Allegations and all previous paragraphs of all previous sections and Causes of Action in this Complaint, inclusive, made in paragraphs 0 through 00, inclusive, as though fully set forth herein. 00. Plaintiffs original loan agreement set forth dates by which monthly principal and interest payments were due, and when late fees and other charges could be assessed. 00. Alternatively, if the original note and deed of trust were properly assigned to efendants, efendants breached the note and deed of trust that Plaintiffs signed in !uly "00#. $he terms of the note re%uired payments made by Plaintiffs to be applied properly to the note. 00. $he &oreclosing efendants breached the note and deed of trust by failing to apply the payments made by Plaintiffs in August and 'eptember "00( to Plaintiffs loan, the result of which led to the &oreclosing on the 'ub)ect Property. 00. As a pro*imate result of efendants+ breaches, Plaintiffs have suffered efendants eventually foreclosing

compensatory damages in an amount to be proven at trial.

00. efendants also failed to accurately report Plaintiffs payment history, did not notify the Plaintiff that it had submitted inaccurate and false information to the C,As and refused to correct or retract its credit reporting errors. 00. $his failure was a dereliction of it duty to service, or, insure that it agent properly serviced Plaintiffs loan. Plaintiff alleges that efendants breach of the

mortgage contract caused Plaintiff irreparable harm for which they should be compensated and for which the efendants should be punished. efendants

breach of the terms of the original mortgage agreement was the direct and appro*imate cause of harm to Plaintiff.