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RECORDING REQUESTED BY:
<br />GMAC Mortgage Corporation DBA ditech.com
<br />3200 Park Center Dr. Suite 150, Costa Mesa, CA 92626
<br />WHEN RECORDED MAIL TO:
<br />GMAC Mortgage Corporation DBA ditech.com
<br />3200 Park Center Dr. Suite 150, Costa Mesa, CA 92626
<br />Assessor's Parcel Number: 400202980
<br />200204221
<br />Loan No.: 000652959558
<br />Loan Product: Equity Line
<br />DEED OF TRUST AND ASSIGNMENT OF RENTS
<br />MIN 100037506529595580
<br />THIS DEED OF TRUST AND ASSIGNMENT OF RENTS, as amended and extended (this "Deed of
<br />Trust'), is signed to secure advances under a GMAC Mortgage Corporation DBA ditech.com Home Equity Line of Credit
<br />Agreement, as amended or extended (the "Agreement "); it is dated as of March 28, 2002 and is an agreement among
<br />Leroy A. Dempsay and Judy M. Dempsay, Husband And Wife
<br />who reside(s) at 3408 Graham Avenue, Grand Island, NE 68803 as the grantor(s); and
<br />,[ .Sf2d611 pUn +�h ,/Q1hj A/ .titu/ , as the Trustee; and
<br />GMAC Mortgage Corporation DBA ditech.com as beneficiary and The Mortgage Electronic Registration Systems Inc. PO Box
<br />2026 Flint, MI 48501 -2026 (MERS) also beneficiary acting solely as a nominee for LENDER and LENDER's successors and
<br />assigns under this Deed of Trust.
<br />Throughout this Deed of Trust, "we ", "us" and "our" refer to grantor(s). "LENDER" refers to
<br />GMAC Mortgage Corporation DBA ditech.com or its assigns. The "Account" refers to the Home Equity line of credit account
<br />established by LENDER under the Agreement. "Trustee" refers to the trustee identified above, or any substitute trustee.
<br />"Borrower" refers to each person who signs the Agreement as borrower. The Agreement and this Deed of Trust, taken together,
<br />are called the "Credit Documents ". "Signer" refers to any person (other than LENDER) who has signed a Credit Document.
<br />DESCRIPTION OF SECURITY
<br />By signing this Deed of Trust, we irrevocably grant, bargain, sell and convey to Trustee, in trust, with power of sale, (a) the
<br />real estate located at 3408 Graham Avenue, Grand Island , County of Hall , State of Nebraska
<br />68803- , more fully described in Schedule A; (b) all buildings and other structures on the property; (c) all rights we may have
<br />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)
<br />all rents and royalties from the property; (e) all proceeds of any insurance on the property and all refunds of premiums on such
<br />insurance; (f) all proceeds of any taking (or threatened taking) of the property by any governmental authority ( "condemnation "); and
<br />(g) all fixtures on the property at any time (collectively, the "Property").
<br />The Property includes all rights and interests which we now have or which we may acquire in the future. For,example, if the
<br />security mortgaged under this Deed of Trust is a leasehold estate and we subsequently acquire fee title to the Property, the rights
<br />and interests granted to MERS acting solely as a nominee for LENDER by this Deed of Trust will include the fee title that we
<br />acquire. This Deed of Trust is also a Security Agreement under the Nebraska Uniform Commercial Code and we hereby grant
<br />MERS acting solely as a nominee for LENDER a security interest in the personal property described in (d) through (g) above. This
<br />Deed of Trust also constitutes a financing statement filed as a fixture filing in the official records of the county recorder of the
<br />county where the Property is located, with respect to any and all fixtures included within the term "Property" and with respect to
<br />any goods or other personal property that may now or hereafter become part of such fixtures.
<br />SECURED OBLIGATIONS
<br />We have signed this Deed of Trust to secure payment to LENDER by Borrower of up to $ 12,800.00 , plus
<br />FINANCE CHARGES and any other amounts due LENDER under the Agreement (the "Total Balance Outstanding "), and to
<br />secure performance by Borrower under the Agreement and our performance of the covenants of this Deed of Trust (collectively, the
<br />"Secured Obligations").
<br />PRIORITY OF ADVANCES
<br />The lien of this Deed of Trust will attach on the date this Deed of Trust is recorded. The indebtedness evidenced by the
<br />Credit Documents is a revolving indebtedness. The Credit Documents provide that amounts may be advanced, repaid and
<br />readvanced from time to time in accordance with the terms and provisions of the Agreement. Accordingly, the aggregate advances
<br />during the term of the Credit Documents may exceed the Credit Limit. However, the Total Balance Outstanding less FINANCE
<br />CHARGES at any time (the "Earning Balance Outstanding") shall never exceed the Credit Limit, except for advances made to
<br />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
<br />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
<br />of Trust or is from time to time reduced to zero by payments made to LENDER.
<br />GMAC -NE (rev 05/96)
<br />3027u
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<br />Initial 1A,-0
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