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HomeMy WebLinkAbout20080447Nu~1"~~~ E' °~ DOC TAX CK#_~._,_. FEES ia.so P01~ 3• CK# s.L. CHG ACCT#.,_._._ RET REES:.._.(3ASM R.QD. CK#_.,... /'l RECD ~rs~ Sfa.f~~,l s___erv ~sLCC RETURN ~,~t s~af~ T,f/c Sa~~ccr [-~~' 1~~~3 Oq,~c.,~«t Jf Orna~~ NE ~B/sy ;I w~~~os.~_ ':i'~lf'ARE _ d.v~! D/iS ~d.~1A0 dkw+ Oc""wen Loan Serv,~mg, LLC 1575~Im Bich Lakes West Pahn.,Beach, FL 33401 Loan No: 333'3. 688 Fi~o. NE-075742-DD 7NE8RASKA O~UMENTARY STAMP TAX Dat --OS gy~_ S Exem t #_~_ TRUSTEE'S DEED KNOW ALL MEN BY THESE PRESENTS: ADAMS COUNTY, NE FILED INST. NO..,~',,,~„~,~„~,4 4'7 ~~ ~' REGISTER OF DEEDS ABOVE THIS LINE FOR RECORDER'S USE w ~s ~~~~ That a Deed of Trust was made and entered into on or about 12/17/2003, by JESSE FIELDER AND COLLEEN FIELDER, WIFE AND HUSBAND, AS JOINT TENANTS, as Trustor, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS NOMINEE FOR AEGIS FUNDING CORPORATION, Beneficiary, wherein LTS TITLE SERVICES was named Trustee. This Deed of Trust was recorded 12/23/2003 in the Records of the Register of Deeds of ADAMS, Nebraska as Instrument No. 20039012, in Book *** at Page ***. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC AS NOMINEE FOR AEGIS FUNDING CORPORATION, Beneficiary, assigned all of its right, title and beneficial interest in the Deed of Trust to Wachovia Bank, N.A., as Trustee for the registered holders of Aegis Asset Backed Securities Trust, Mortgage Pass-Through Certificates, Series 2004-2. The Assignment was recorded in the office of the Register of Deeds of ADAMS County, Nebraska. Thomas J. Holthus, Esq. has been appointed Successor "Trustee, pursuant to a Substitution of Trustee filed for record with the Register of Deeds of ADAMS County, Nebraska. Hereinafter the Successor Trustee, Thomas J. Holthus, Esq., will be referred to as GRANTOR. The GRANTOR in consideration of $53,475.00 and other valuable consideration received from Wachovia Bank, N.A., as Trustee for the registered holders of Aegis Asset Backed Securities Trust, Mortgage Pass- Througlt Certificates, Series 2004-2 hereinafter GRANTEES, does hereby grant, bargain, sell, convey and conform unto GRANTEES the following described real property in ADAMS County, Nebraska: SOUTH HALF (Sl/Z) OF LOT FIVE (5), BLOCK ONE (1), WEBSTER'S ADDITION TO THE CITY OF HASTINGS, ADAMS COUNTY, NEBRASKA To have and to hold the above described premises together with all tenements, hereditaments and appurtenances thereto belonging unto the GRANTEES, and to the GRANTEES' successors and assigns forever. GRANTOR does hereby covenant with the GRANTEES and with the GRANTEES' successors and assign: (I) That JESSE FIELDER AND COLLEEN FIELDER,' WIFE AND HUSBAND, AS JOINT TENANTS, as Trustor, failed to pay the Beneficiary payments which were contractually due, and the GRANTOR, at the request of the Beneficiary, elected to declare the entire unpaid principle balance, together with interest thereon, at once immediately due and payable. (2) That a Notice of Default was recorded by GRANTOR on 5/2/2007, in Book at page , in the records of r~z ~~ ~~ the Register of Deeds, ADAMS County, Nebraska. Within ten (]0) days thereafter, a copy of the reOcorOded 0 4 4 Default was mailed by certified mail, postage prepaid, to all parties entitles to notice, pursuant to said Deed of Trust and incompliance with Neb. Rev. Stat. § 76-1008 (Reissue 1996). (3) That Trustor JESSE FIELDER AND COLLEEN FIELDER, WIFE AND HUSBAND, AS JOINT TENANTS, failed to cure the default referenced in the Notice of Default within thirty (30) days after the recording of the Notice of Default. (4) That a Notice of Trustee's Sale was executed by GRANTOR and at least twenty (20) days prior to the date of sale, a copy of the Notice of time and place of the Trustee's Sale was mailed by certified mail, postage prepaid, to all parties entitled to notice, pursuant to said Deed of Trust and in compliance with Neb. Rev. Stat § 76- 1008 (Reissue 1996) (5) GRANTOR published the Notice of Trustee's Sale, to be held on 1/29/2008 at 11:30:00 AM, at In the lobby of Adams County Courthouse, Hastings, NE ,which notice was published in Hastings Tribune (NE), once a week for five (5) consecutive weeks, commencing on 12/12/2007. The last publication of Notice was at least (10) days prior to the Trustee's Sale, held on 1/29/2008, and said sale was not later than thirty (30) days after the last publication of Notice. (6) GRANTOR conducted the sale of the real property at public auction on 1/29/2008 at or about 1 1:30:00 AM, at in the lobby of Adams County Courthouse, Hastings, NE .GRANTOR accepted the bid from Wachovia Bank, N.A., as Trustee for the registered holders of Aegis Asset Backed Securities Trust, Mortgage Pass-Through Certificates, Series 2004-2 in the sum of $53,475.00 as the highest bid upotl said real property. GRANTOR has complied with the requirements of Neb. Rev. Stat. §§ 76-1001 through 76-1018 (Reissue 1996), in the exercise of the sale of the real property described herein at the Trustee's Sale held on 1/29/2008. This deed shall operate to convey to the GRANTEES, the GRANTOR'S title and all right, title, interest and claim of the Trustor, and his or her successors in interest and. of all persons claiming by, through or under him or her, in and to the above described real property, including all such right, title, interest and claim in and to such property acquired by the Trustor or his or her successors in interest subsequent to the execution of the Deed of Trust. 'T'his deed is subject to easements, restrictions or covenants of record which GRANTOR is not entitled to convey pursuant to Neb. Rev. Stat § 76-1010(2) (Reissue 1996). DATED: 1 /29/2008 Please return to: Ocwen Loan Servicing, LLC 1575 Palm Beach Lakes West Palm Beach, FL 33401 State of California ) ss. County of Sau Diego ) Thomas J. Holthus, Esq., Successor Trustee By: Thomas J. Holthus, Esq. On 1/29/2008 before me, Brittany Logan-Ruble a Notary Public, personally appeared Thomas J. Holthus, Attorney at Law, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES" Signature oZv~ ,Z BRI7TAIJy LOGAN-RUBLE •. Commissfon # 1765985 < ~•~~ r' Notary Public - Callfornla (Seal) Z ' ,~ < ;~tl $an Diego County ' MY Comm. Expires Sep 7, 2011 •