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<br />~&w- <br />Record ana Return to: <br />Group9, Inc. <br />444 Oxford Valley Rd <br />Langhorne, PA 19047 <br /> <br /> 10 n n <br /> m :3: )> <br /> "TI m CJ'i <br /> C n :r <br />n Z A <br />:J: ~ C <br />m !-!' <br />n (I'J <br />,.,. ::c <br /> ~ <br /> '-" <br /> 01 <br /> <br /> ;'fl.,'. '<"or <br /> '""-'> 'lit:~. ' <br /> <.;.> n (b i <br /> C::;> <br />"'-" - <:;) -",l' 0 <br />C-. c;: ~. I"'\,) <br />~~ ;z-",l <br />c:= -f rq <br />r- -< 2> 0 <br />C>~ I--"' 0 ,., ,.,0 ?: <br />if CD .." ;z <br /> .-..3 <br /> :t rn - <br />-u l> OJ ,P ::3 <br />::3 r- ;0 g <br />r l> en <br />......... C/l <br />N ;;00;: ........ i <br /> l> 0 <br /> c..) -- <br /> N (I) C) <br /> en ~ <br /> <br />N <br />S <br />S <br />-...J <br />S <br />0> <br />->. <br />S <br />S <br /> <br />GB Home Equity, LLC <br />AUn: Post Closing, Collateral Clerk <br />PO Box 240140 <br />Milwaukee, WI 53224-9007 <br /> <br />:.? S. 5tJ <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />1003467 -1080016865-5 <br /> <br />DEED OF TRUST <br /> <br />THIS DEED OF TRUST is dated July 9, 2007, among JODI S LEDGERWOOD, whose address is 3113 M IDWA Y <br />RD, GRAND ISLAND, NE 68803; DEREK M LEDGERWOOD, whose address is 3113 MIDWAY RD, GRAND <br />ISLAND, NE 68803; Title Vested As: DEREK M. LEDGERWOOD AND JODI S. SCHEER ("Trustor"); and <br />Mortgage Electronic Registration Systems, Inc. ("MERS"), a Delaware Corporation who has an address and <br />telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS, (referred to below as <br />"Beneficiary"); and Fidelity National Title Insurance Co., whose address is 15661 Red h ill, Suite 200, Tustin, <br />CA 92780 (referred to below as "Trustee"); and GB Home Equity, Ll.C, a Wisconsin umited uability Company, <br />whose address is Midwest Region, 4000 W Brown Deer Road, Milwaukee, WI 53209-1221 (referred to below <br />as "lender"). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />MERS as Beneficiary (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, all <br />of Trustor's right, title, (lnd interest in and to the following described real property, together with all existing or subsequently erected or <br />affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights <br />(including stock in utilities with ditch or irrigation rights); and all other ri~hts, royalties, and profits relating to the real property, including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HAll. County, State <br />of Nebraska: <br /> <br />LYING AND BBNG LOCATED IN THE CITY OF GRAND ISLAND, COUNTY OF HAll, STATE OF <br /> <br />NEBRASKA; All. THAT CERTAIN PARCEL OR TRACT OF LAND KNOWN AS: LOT ONE (1), BlOCK TWO <br /> <br />(2), ISLAND ACRES NUM BER 2, IN THE CITY OF GRAND ISLAND, HAll. COUNTY, NEBRASKA. <br /> <br />The Real Property or its address is commonly known as 3113 MIDWAY RD, GRAND ISLAND, NE 68803. <br /> <br />The Real Property tax identification number is 400048574. <br /> <br />Borrower understands and agrees that MERS holds only legal title to the Interests granted by Trustor in this Deed of Trust, but if necessary <br />to comply with law or custom, MERS (as nominee for lender and lender's successors and assigns) has the right to exercise any or all of <br />those interests including, but not limited to, the right to foreclose and sell the Property, and to take any action required of lender including, <br />but not limited to, releasing and cancelling this Deed of Trust. <br /> <br />Trustor presently assigns to lender all of Trustor's right, title, and interest in and to all present and future leases of the Property and all <br />Rents from the Property. In addition, Trustor grants to lender a Uniform Commercial Code security interest in the Personal Property and <br />Rents. <br /> <br />THIS DEED OF TRUST, INCWDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br /> <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request of lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br /> <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other <br />law which may prevent lender from bringing any action against Trustor, including a claim for deficiency to the extent lender is otherwise <br />entitled to a claim for deficiency, before or after lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br /> <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to lender all Indebtedness <br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their respective obligations under the Note, <br />this Deed of Trust, and the Related Documents. <br /> <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of <br />the Property shall be governed by the following provisions: <br /> <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; <br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property. <br /> <br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its value. <br /> <br />Compliance With Environmental Laws. Trustor represents and warrants to lender that: (1) During the period of Trustor's ownership <br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe <br />that there has been, except as previously disclosed to and acknowledged by lender in writing, (a) any breach or violation of any <br />Environmental laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and <br />acknowledged by lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property <br />