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<br />WHEN RECORDED MAIL TO:
<br />GB Home Equity, LLC
<br />Attn: Post Closing, Collateral Clerk
<br />PO Box 240140
<br />Milwaukee, WI 53224-9007
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<br />FOR RECORDER'S USE ONLY
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<br />1003467 -1080017892-8
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<br />THIS DEED OF TRUST is dated July 30, 2007. among JUSTIN R PEKAREK, whose address is 402 E PLUM ST. ~
<br />DONIPHAN, NE 68832; MEGAN L PEKAREK, whose address is 402 E PLUM ST, DONIPHAN, NE 68832; Title" b
<br />Vested As: JUSTIN R PEKAREK AND MEGAN L PEKAREK ("Trustor"); and Mortgage Electronic Registration
<br />Systems. Inc. ("MERS"), a Delaware Corporation who has an address and telephone number of P.O. Box 2026,
<br />Flint. MI 48501-2026, tel. (888) 679-MERS, (referred to below as "Beneficiary"); and Fidelity National Title
<br />Insurance Co., whose address is 15661 Redhill, Suite 200, Tustin. CA 92780 (referred to below as
<br />"Trustee"); and GB Home Equity, llC. a Wisconsin Limited Liability Company, whose address is Midwest
<br />Region, 4000 W Brown Deer Road, Milwaukee, WI 53209-1221 (referred to below as "lender").
<br />
<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, and 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 rights, 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 />DEED OF TRUST
<br />
<br />c:.)ECon D
<br />lOT SEVEN (7), HOFFMAN SUBDIVISION,
<br />COUNTY. NEBRASKA.
<br />
<br />AN ADDITION TO THE VillAGE OF DONIPHAN, HAll
<br />
<br />The Real Property or its address is commonly known as 402 E PLUM ST, DONIPHAN, NE 68832. The Real
<br />
<br />Property tax identification number is 400424573.
<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. INCLUDING 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 />PA YMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by
<br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this
<br />Deed of Trust, and the Related Documents.
<br />
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />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 />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be
<br />construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
<br />breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have
<br />been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall
<br />
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