200404904 - Laserfiche WebLink

Browse

iiiiiiiiiiiiiiilii 1911 llill illil ljll lllI Wlicn recorded mail to: I Lome Connects 100 lakeside Drive, Horsham, PA 19044 Assessor's Parcel Number: 400324741 Loan No.: 000654763065 Loan Product: Equity Line 200404904 DEED OF TRUST AND ASSIGNMENT OF RENTS MIN 100037506547630658 THIS DEED OF TRUST AND ASSIGNMENT OF RENTS, as amended and extended (this "Deed of Trust'), is signed to secure advances under a GMAC Mortgage Corporation DBA ditech.com Home Equity Line of Credit Agreement, as amended or extended (the "Agreement "); it is dated as of October 24, 2003 , and is an agreement among John M. Stewart and Carolyn R. Stewart, Husband And Wife, As Joint Tenants With Right Of Survivorship who reside(s) at 4170 Hartford Street, Grand Island, NE 68803 as the grantor(s); and j ; n 0 inn T; 1t 'Lor't pin , as the Trustee; and GMAC Mortgage Corporation DBA ditech.com as beneficiary and The Mortgage Electronic Registration Systems Inc. PO Box 2026 Flint, MI 48501 -2026 (MERS) also beneficiary acting solely as a nominee for LENDER and LENDER's successors and assigns under this Deed of Trust. Throughout this Deed of Trust, "we ", "us" and "our" refer to grantor(s). "LENDER" refers to GMAC Mortgage Corporation DBA ditech.com or its assigns. The "Account" refers to the Home Equity line of credit account established by LENDER under the Agreement. "Trustee" refers to the trustee identified above, or any substitute trustee. "Borrower" refers to each person who signs the Agreement as borrower. The Agreement and this Deed of Trust, taken together, are called the "Credit Documents ". "Signer" refers to any person (other than LENDER) who has signed a Credit Document. DESCRIPTION OF SECURITY By signing this Deed of Trust, we irrevocably grant, bargain, sell and convey to Trustee, in trust, with power of sale, (a) the real estate located at 4170 Hartford Street, Grand Island , County of Hall , State of Nebraska 68803- , more fully described in Schedule A; (b) all buildings and other structures on the property; (c) all rights we may have in any road, alley, easement or license regarding the property or in any mineral, oil, gas or water which is part of the property; (d) all rents and royalties from the property; (e) all proceeds of any insurance on the property and all refunds of premiums on such insurance; (f) all proceeds of any taking (or threatened taking) of the property by any governmental authority ( "condemnation "); and (g) all fixtures on the property at any time (collectively, the "Property "). The Property includes all rights and interests which we now have or which we may acquire in the future. For example, if the security mortgaged under this Deed of Trust is a leasehold estate and we subsequently acquire fee title to the Property, the rights and interests granted to MERS acting solely as a nominee for LENDER by this Deed of Trust will include the fee title that we acquire. This Deed of Trust is also a Security Agreement under the Nebraska Uniform Commercial Code and we hereby grant MERS acting solely as a nominee for LENDER a security interest in the personal property described in (d) through (g) above. This Deed of Trust also constitutes a financing statement filed as a fixture filing in the official records of the county recorder of the county where the Property is located, with respect to any and all fixtures included within the term "Property" and with respect to any goods or other personal property that may now or hereafter become part of such fixtures. SECURED OBLIGATIONS We have signed this Deed of Trust to secure payment to LENDER by Borrower of up to $ 15,000.00 , plus FINANCE CHARGES and any other amounts due LENDER under the Agreement (the "Total Balance Outstanding"), and to secure performance by Borrower under the Agreement and our performance of the covenants of this Deed of Trust (collectively, the "Secured Obligations"). PRIORITY OF ADVANCES The lien of this Deed of Trust will attach on the date this Deed of Trust is recorded. The indebtedness evidenced by the Credit Documents is a revolving indebtedness. The Credit Documents provide that amounts may be advanced, repaid and readvanced from time to time in accordance with the terms and provisions of the Agreement. Accordingly, the aggregate advances during the term of the Credit Documents may exceed the Credit Limit. However, the Total Balance Outstanding less FINANCE CHARGES at any time (the "Earning Balance Outstanding ") shall never exceed the Credit Limit, except for advances made to protect the lien of this Deed of Trust. We agree that the lien and security title of this Deed of Trust shall not be deemed released or extinguished by operation of law or implied intent of the parties if the Total Balance Outstanding is zero as of the date of this Deed of Trust or is from time to time reduced to zero by payments made to LENDER. GMAC -NE (rev 05/96) 3027u se PRAIA WzrAAf