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<br />Account No.: 4727285 ***}.. :
<br />Branch No.: 294 0)
<br />Loan Product: 95% CLTV HELOC Piggyback
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<br />JRDING REQUESTED BY:
<br />C Mortgage
<br />
<br />WHEN RECORDED MAIL TO:
<br />GMAC Mortgage
<br />Home Equity Finding
<br />4 Walnut Grove Drive
<br />Horsham, PA 19044-0963
<br />
<br />MIN 1000375-8250472728-2
<br />
<br />DEED OF TRUST AND ASSIGNMENT OF RENTS
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<br />
<br />THIS DEED OF TRUST AND ASSIGNMENT OF RENTS, as amended and extended (this "Deed of Trust"),
<br />is signed to secure advances under a GMAC Home Equity Line of Credit Agreement, as amended or extended (the "Agreement"); it
<br />is dated as of Januarv 16. 2007, and is an agreement among Roger C. Harp And Carolyn S. Harp, Husband And Wife who reside(s)
<br />at 1618 S Harrison Road, Grand Island, Nebraska 68803 as the grantor(s); and Chicago Title Insurance Company, 625 West Ridge
<br />Pike, Conshohocken, PA 19428, as the Trustee; and GMAC Mortgage, LLC, a Delaware limited liability company flkJa GMAC
<br />Mortgage Corporation, 100 Witmer Road, Horsham, PA 19044-0963 (herein "GMAC") and the Mortgage Electronic Registration
<br />Systems, Inc., P.O. Box 2026, Flint, MI 48501-2026 ("MERS") also as beneficiary acting solely as a nominee for GMAC and
<br />GMAC's successors and assigns under this Deed of Trust.
<br />
<br />Throughout this Deed of Trust, "we", "us" and "our" refer to grantor(s). "GMAC" refers to GMAC Mortgage, LLC f/kJa
<br />GMAC Mortgage Corporation or its assigns. The "Account" refers to the Home Equity line of credit account established by GMAC
<br />under the Agreement. "Trustee" refers to the trustee identified above, or any substitute trustee. "Borrower" refers to each person
<br />who signs the Agreement as borrower. The Agreement and this Deed of Trust, taken together, are called the "Credit Documents".
<br />"Signer" refers to any person (other than GMAC) :-vho has signed a Credit Document.
<br />
<br />DESCRIPTION OF SECURITY
<br />
<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 1618 S Harrison Road, Grand Island, County of Hall, State of Nebraska 68803, more fully described in
<br />Schedule A; (b) all buildings and other structures on the property; (c) all rights we may have in any road, alley, easement or license
<br />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;
<br />(e) all proceeds of any insurance on the property and all refunds of premiums on such insurance; (f) all proceeds of any taking (or
<br />threatened taking) of the property by any governmental authority ("condemnation"); and (g) all fixtures on the property at any time
<br />(collectively, the "Property").
<br />
<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 and
<br />interests granted to MERS acting solely as a nominee for GMAC by this Deed of Trust will include the fee title that we acquire.
<br />This Deed of Trust is also a Security Agreement under the Nebraska Uniform Commercial Code and we hereby grant MERS acting
<br />solely as a nominee for GMAC a security interest in the personal property described in (d) through (g) above. This Deed of Trust
<br />also constitutes a financing statement filed as a fixture filing in the official records of the county recorder of the county where the
<br />Property is located, with respect to any and all fixtures included within the term "Property" and with respect to any goods or other
<br />personal property that may now or hereafter become part of such fixtures.
<br />
<br />SECURED OBLIGATIONS
<br />
<br />We have signed this Deed of Trust to secure payment to GMAC by Borrower of up to $135,000.00, plus FINANCE
<br />CHARGES and any other amounts due GMAC under the Agreement (the "Total Balance Outstanding''), and to secure
<br />performance by Borrower under the Agreement and our performance of the covenants of this Deed of Trust (collectively, the
<br />"Secured Obligations'').
<br />
<br />PRIORITY OF ADVANCES
<br />
<br />The lien of this Deed ofTTUst will attach on the date this Deed of Trust is recorded. The indebtedness evidenced by the Credit
<br />Documents is a revolving indebtedness. The Credit Documents provide that amounts may be advanced, repaid and readvanced from
<br />time to time in accordance with the terms and provisions of the Agreement. Accordingly, the aggregate advances during the term of
<br />the Credit Documents may exceed the Credit Limit. However, the Total Balance Outstanding less FINANCE CHARGES at any
<br />time (the "Earning Balance Outstanding'') shall never exceed the Credit Limit, except for advances made to protect the lien of this
<br />Deed of Trust. We agree that the lien and security title of this Deed of Trust shall not be deemed released or extinguished by
<br />operation oflaw 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
<br />time to time reduced to zero by payments made to GMAC.
<br />
<br />GMAC-NE
<br />
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