Loading...
HomeMy WebLinkAbout1997 Lawsuits al ' Prepared by: Dennis Mitchell,Asst.City Attorney,410 E.Washington St., Iowa City, IA 52240 (319)356-5030 RESOLUTION NO. 98-324 RESOLUTION RATIFYING THE SETTLEMENT OF PENDING LITIGATION. WHEREAS, Charles Banken filed a lawsuit against the City of Iowa City for injuries and damages he sustained on November 27, 1996, when he tripped and fell on a City sidewalk; and WHEREAS, all parties in this matter have settled their differences, and wish to resolve the pending litigation; and WHEREAS, it is appropriate to ratify said settlement, as provided by law, with payment to Charles Banken in the amount of$51,000 in full satisfaction of any and all claims he may have against the City in the above matter, and in consideration of Charles Banken's full release. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The above named litigation should be and is hereby settled, and said settlement previously discussed in executive session, it is hereby ratified, for the total sum of $51,000, payable to Charles Banken and his attorney of record, in full satisfaction of any and all claims. 2. City Council for the City of Iowa City hereby approves such settlement as being in the best interest of the City of Iowa City and the parties involved, ratifies said settlement as provided by law, and confirms that said settlement is hereby ratified, contingent upon Charles Banken's execution of an appropriate release. Passed and approved this 6th day of October , 1998. I's lir di Jr-Y•• JJ JJ A ov db}y�j ATTEST: pr�.yr) ,111. ?Vex-14J ' q' -4e CLERK City Attorney's Office r aryn litgaborvbankeNresol.doc t Resolution No. 98-324 Page 2 It was moved by Kubby and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kubby Lehman • X Norton X O'Donnell Thornberry Vanderhoef ULI-14-1'Jyd 14;12 IILKINLEY 24 H55UL. 1 613 JS( .5410 F'.11?/li.2 (r)_) P" IN I'HL IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY ) CHARLES H.BANKEN, ) LAW NO. LACY058110 ) Plaintiff, ) ) v. ) MOTION TO DISMISS ) WITH PREJUDICE ) CITY OF IOWA C IY, ) o Defendant ) tVC\ COMES NOW,Plaintiff Charles H- Banken, by and through his attorney • '' <,f David S. Walker, and hereby moves to dismiss the Petition in the above-captioned aoitet with prejudice. In support of such motion Plaintiff states: 1. That a settlement agreement has been reached and a Release and Satisfaction of Settlement has been executed by the parties. WHEREFORE, Plaintiff requests the above-captioned matter be dismissed with prejudice. RESPECTFULLY SUBMITTED, r. David S. Walker McKinley& Associates, P.L.C. 504 First Avenue Coralville, Iowa, 52246 (319) 337-7779 ATTORNEY FOR PLAINTIFF o C, 0 CFI cc: City of Iowa City Attorney's Office —or ZY �Z ... TOTAL P.02 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY CHARLES BANKEN ) ) Civil No.uqC U/ I D ) PLAINTIFF. ) ORIGINAL NOTICE vs. ) ) ) THE CITY OF IOWA CITY ) PETITION AT LAW DEFENDANT. ) -<, N) `y You are hereby notified that there is now on file in the office of the 3Te- CD named Clerk of the above Court, a Petition in the above-titled action, a copy of whfh Petition is attached hereto. The Petitioner's Attorney is Vernon A. McKinley whose address is: 504 First Avenue, Coralville, Iowa 52241. You are further notified that unless, within 20 days after service of this Petition and Original Notice upon you, you serve, and within a reasonable time thereafter file a Motion or Answer in the Iowa District Court for Johnson County, in Iowa City, Iowa, judgment by default will be rendered against you for the relief demanded in the Petition EDWARD F. STEifl REC14 r} you require b � 1 aids recuire the assistance of auxiliary aids jr services to participate in court because of a "65iy.u4. disability, immediately call your district ADA Clerk Of D strict Court coordinator at 319-398-3920. Ext. 200 (If you Johnson County Courthouse are hearing impaired, call Relay lora TTY at Iowa City, Iowa 52244 1-800-735-2942). Note: The Attorney who is expected to represent the Defendant should be promptly advised by the Defendant of service of this notice. IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY CHARLES BANKEN, Plaintiff, ) Civil No. ( MCV05 1 1 C v. ) THE CITY OF IOWA CITY, ) PETITI_ON AT LAW ) „_ ) 0 J l Defendant . ) -c`) " INTRODUCTION -o111 Plaintiff Charles Banken, appears by and t.:iro `- counsel, and for his cause of action against the City ofDIowso City states the following: 1 . Plaintiff Banken resides in Lone Tree, Iowa, Bcx 236, 52755 . 2 . Defendant, The City of Iowa City, is a Mun__ci_al Corporation created under the laws of the State cf Iowa. 3 . Defendant, The City cf Iowa City, is responsible = __ keeping all public places in repair and free from nuisance . COUNT I : FAILURE TO MAINTAIN PUBLIC WAYS For his cause of action against Defendant, Plaintiff states : 4 . Plaintiff Banken did fall on the sidewalk abuttinc 1067 Gilbert Street, Iowa City, Iowa, on November 27th, 1996 . 5 . Plaintiff Banken fell as a direct result cf hitting his foot cn an unr.aintained sidewalk. 6 . Defendant, City of Iowa City, is responsible for repair and maintenance of said sidewalk. 7 . Plaintiff Banken sustain substantial ^hys_:al injuries requiring medical surgery to remedy these injuries . 8 . Plaintiff Banken was unable to return to work for a significant period of time because of these injuries caused by Defendants negligence . 9 . Plaintiff Banken has not been able to perfcrm his duties in relation to his previous abilities since said accident occurred. 10 . Plaintiff Banken has received mental distress due the physical consequences of said accident . WHEREFORE, Plaintiff prays for judgment against , The City of Iowa City, for damages incurred as a result of this failure to maintain public ways; for interest and costs; for attorney fees; and for such other relief as the court sees fair and just . RESPECTFULLY SUBMITTED, 4 Vernon ,„ A. McKinle.r McKinley & Associates, P. C. 504 First Avenue Cora.v=1= , Iowa 52242 (319) 337-7779 ATTORNEY FOR PLAINTIFF ‘D CD 3 ours oar m ZS w y as 7 END OF CASE FILE IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY PETER CHRISTIAN, formerly ) NO. 57236 and erroneously known as ) Peter Christian Glass, ) eD J Plaintiff ) ..n vs . ) w STATE OF IOWA, JOHNSON ) COUNTY ATTORNEY' S OFFICE, ) JOHNSON COUNTY SHERIFF' S ) DEPARTMENT, and IOWA CITY ) ORIGINAL NOTICE GO POLICE DEPARTMENT, ) Defendants . ) You are hereby notified that there is now on file in the office of the clerk of the above county a Petition For Writ Of Mandamus in the above entitled action, a copy of which is attached hereto. The Plaintiff ' s attorney is Constance Peschang Stannard, whose address is 107 S . Linn Street, Iowa City, IA 52240, (319) 351-1318 . You are further notified that unless, within twenty (20) days after service of this original notice upon you, you serve, and within a reasonable time thereafter file, a motion or answer, in the Iowa District Court for Johnson County, at the Courthouse in Iowa City, Iowa, judgment by default will be rendered against you for the relief demanded in the Petition. (Seal) EDWARD F. STEINBRECH By: /t1/51-4'-1474,WieAk.12/5�� CLERK OFHE ABOVE COURT 9' Johnson County Courthouse Iowa City, Iowa 52244 NOTE :The attorney who is expected to represent the Defendant should be promptly advised by Defendant of the service of this notice. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at (319) 398-3920 Ext . 200 . (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942) . IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY `] \ PETER CHRISTIAN, formerly ) NO. ^ , / and erroneously known as ) ya ;"\-\\ Peter Christian Glass, Plaintiff .9 VS . ) lver ) ti• STATE OF IOWA, JOHNSON ) COUNTY ATTORNEY' S OFFICE, ) JOHNSON COUNTY SHERIFF' S ) DEPARTMENT, and IOWA CITY ) PETITION FOR WRIT to POLICE DEPARTMENT, ) OF MANDAMUS DEPARTMENT, ) co Defendants . ) -a COMES NOW the Plaintiff, Peter Christian, formerly 1..aci w. erroneously known as Peter Christian Glass, and petitions the Court for a Writ of Mandamus, issued to the Defendants herein, and in support of such request, pursuant to Iowa Code Chapter 661 Plaintiff requests the further Mandamus, and states as follows : 1 . The Defendant, a citizen of the state of Iowa, has demanded and continues to demand all his rights at all times . 2 . On or about December 2 , 1992 , the State of Iowa, by and through its representative the Johnson County Attorney' s Office, sought and was granted an Application For Non-Testimonial Identification, under color of Iowa Code Chapter 810 . 3 . On or about December 6, 1993 , the Defendant honored a Court Order For Non-Testimonial Identification under threat, duress, and coercion, pursuant to Chapter 810 of the Iowa Code . He was photographed and questioned by Johnson County law enforcement . 4 . Iowa Code §810 . 15 requires that within ten (10) days after the non-testimonial identification procedure, the Order requiring such procedure shall be returned to the issuing Court . Therefore, said Order was required to be returned to the issuing Court not later than December 16, 1993 . In addition, the Court, the prosecuting attorney, and the person who was the subject of the Order, i .e. Peter Christian, the clearly and expressly designated beneficiary, "shall be furnished with a written report of the results of any tests or comparisons utilizing the evidence obtained in the authorized procedures . " Iowa Code Chapter 810 . 15 . Said report is required to be disclosed promptly after it becomes available, unless the Court directs disclosure be delayed. To the best of Plaintiff ' s knowledge and belief, no Court has directed 0 that such disclosure be delayed. rn 5 . Plaintiff, the person who was the subject of the Order, w has never been furnished with a written copy of the report-oas required by law. 6 . Plaintiff has filed a Motion to Compel in Johnson County Cause No . FE34796 requesting that the Court order the State to furnish to the Defendant in that action, Plaintiff in this action, a written copy of the report as required by law. The State of Iowa, by and through its attorney, David Tiffany, a member of the Johnson County Attorney' s Office, has specifically resisted said request, and has failed and refused to turn over any reports that it may have received from law enforcement, as required by law. 7 . Plaintiff herein has sustained and will continue to sustain damage by the non-performance of the duty by law enforcement and by the State of Iowa by and through the Johnson County Attorney' s Office, in that his constitutional rights to due process of law have been and are being violated, interfering with his right to life, (health) and to a speedy trial . Witnesses have moved away, jeopardizing Defendant ' s ability to properly present his case . The Defendant was not made aware of any reason for an arrest warrant, and he was falsely arrested and held as a fugitive in the state of California. Although this fugitive charge was dismissed, defendant suffered unnecessary trauma and prolonged stress resulting in extreme prejudice' to him and to his health. The Defendant has had to hire two (2) attorneys, has spent substantial legal fees, in the pursuance of requiring the law enforcement officers to perform actions they required by law to do . Defendant has demanded said performance in the companion felony case, and the County Attorney has refused to perform, and has resisted any such performance, and the Court, in ruling on Defendant ' s latest Motion to Compel has refused to rule on Defendant ' s motions . In its Ruling on April 2 , 1996, the Johnson to County District Court, by and through the Honorable Judge L. ern CO Robinson, refused and overruled Defendant ' s Motion to Compel, w -� stating that the Court does not believe it is appropriate t 3 ule on any of Defendant ' s motions under the circumstances'-that r , Defendant remains a fugitive and is unwilling to turn himself in and appear in the Johnson County District Court . However, under the Non-Testimonial Identification Procedures Chapter, §810 . 4, the Application For A Non-Testimonial Identification Order may be made prior to the arrest, and therefore logically, the return of said Order and report therefrom may be done prior to any charges being filed. The record is clear that no charges have been filed in this matter, only a Complaint has been issued. 8 . Plaintiff has no other plain speedy and adequate remedy in the ordinary course of the law, save for a Writ of Mandamus . Plaintiff has made multiple attempts in the felony case to receive said information to which he is entitled by law, and has been refused any relief in that venue . WHEREFORE, Plaintiff requests that the Court issue a Writ of Mandamus to the Johnson County Sheriff' s Department, the Iowa City Police Department, and/or the Johnson County Attorney' s Office to provide written report of the non-testimonial identification procedures as is required by law, Plaintiff having no other adequate remedy. A4,,-, 7 Respectfully submitted this 3 day of May,6199V. (.2"-X1--.1- 114° i .k7. › Constance Pesc atg Stannard 107 S . Linn Str et Iowa City, IA 2240 ', (319) 351-1318 . , Fri ATTORNEY FOR DEFENDANT 1 1 W -v 3 cc : County Attorney Johnson County P.O. Box 2510 Iowa City, IA 52244 ATTORNEY FOR PLAINTIFF John Wunder 610 Cedar Street Muscatine, IA 52761 ATTORNEY FOR DEFENDANT 1 PROOF OF SERVICE The undersigned certifies that the foregoing instrument was served on all parties to the above cause by delivering a copy thereof to each of the attorneys of record herein at their respective addresses disclosed on the pleadings on , 199f. t� BY: el. U.S . Mail ( ) Fax ( ) Hand Delivery ( ) UPS ( ) Federal Express ( ) Other CA.) IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY PETER CHRISTIAN, formerly ) NO. 57236 and erroneously known as ) Peter Christian Glass, ) "� Plaintiff ) c\-\ vs . ) = - -o + STATE OF IOWA, JOHNSON ) COUNTY ATTORNEY' S OFFICE, ) JOHNSON COUNTY SHERIFF' S ) DEPARTMENT, and IOWA CITY ) NOTICE OF DEPOSITION POLICE DEPARTMENT, ) Defendants . ) ******************************************************************* TO: Mike Lord and to his attorney of record: PLEASE TAKE NOTICE that beginning at 2 : 00 p.m. , Iowa City, Iowa Time, on the 5th day of February, 1997, at the Johnson County Court House, 417 South Clinton Street, Iowa City, Iowa, the undersigned in the above entitled action will take the deposition of Mike Lord, whose address is Iowa City Police Department, Iowa City Civic Center, 410 E . Washington Streeet, Iowa City, IA 52240 , upon oral examination pursuant to the Iowa Rules of Civil Procedure, before an officer authorized by law to administer oaths . The oral examination will continue from day to day until completed. Dated this day of '-;,-.2,(-4L4- ,-/.(6 19`'7. Respectfully submitted, Constance Peschang Stannard 107 South Linn Stretet Iowa City, IA 5224-0 �J (319) 351-1318 ATTORNEY FOR PLAINTIFF cc : John Wunder 610 Cedar Street PROOF OF SERVICE Muscatine, IA 52761 :h^undersigned certifies that the foregoing irg11111ent was 9Brvea ;,ernes to the above cause by deposing a copy thereof hi the -.postage prepaid,in envelopes addressed to each of the ) jt record herein at their respecilve addresses disclosed on pleadings,on r? 3 ,19 7 7 END OF CASE FILE • IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY JOHN CRUISE, ) BRUCE GLASGOW AND ) JIM GLASGOW ) EQCV058175 338-40-9174 ) EQUITY NO. 481-14-4283 ) 479-60-1640, ) ORIGINAL NOTICE PLAINTIFFS, ) vs. ) IOWA CITY BOARD OF REVIEW AND ) G CITY OF IOWA CITY, IOWA, ) cl o DEFENDANTS. ) = �-; w�$ �- TY Ga w TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that there is now on file in the office of the Clerk of the above Court, a Petition in the above- entitled action, a copy of which Petition is attached hereto. The Plaintiff' s attorney is Kirsten H. Frey, whose address is 920 S. Dubuque Street, P.O. Box 2000, Iowa City, Iowa 52244 . You are further notified that unless you appear thereto and defend in the Iowa District Court for Johnson County, Iowa, at the county courthouse in Iowa City, Iowa, within twenty days after the service of this Original Notice upon you, judgment by default will be rendered against you for the relief demanded in the Petition. J EDWARD F. STEINBACH (Seal) ,4:44!Ar 4 t_ /1'5;CLERM/ THE ABOVE COURT Johnson County Courthouse Iowa City, Iowa NOTE: Persons named as Defendants are told to "appear thereto and defend. " These words are not always understood. The required appearance may be made either by the Defendants or by Defendants ' attorney. IT IS NECESSARY TO SERVE AND FILE A SPECIAL APPEARANCE, MOTION OR PLEADING TO PREVENT A DEFAULT (Rule 87) . The attorney who is expected to appear for the Defendants should be promptly advised by Defendants of the service of this notice. If you require the assistance of auxiliary aids or services to participate in Court because of a disability, immediately contact your district ADA coordinator at 515-286-3394 (if you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942) . kf6\r62b4354 • IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY JOHN CRUISE, c�' '- ate$ BRUCE GLASGOW AND ) -•r --JIM GLASGOW ) EQCV058175 �- _ 338-40-9174 ) EQUITY NO. - =fir^ r-,,.q 481-14-4283 r 479-60-1640, PETITION 33; N l'''''j �.- y c).)PLAINTIFFS , ) w vs. ) F.- ► t � _ IOWA CITY BOARD OF REVIEW AND ) t-17'- %`7'-:- --CITY OF IOWA CITY, IOWA, v i DEFENDANTS. ) _, . -0 s ' t _ -. * COMES NOW, the undersigned attorney for the Plaintiffs, John Cruise, Bruce Glasgow and James Glasgow, and for their cause of action against the Defendants Iowa City Board of Review and the City of Iowa City, Iowa, hereby state as follows: 1. Plaintiffs are individuals residing in Johnson County, Iowa. 2 . Defendant Iowa City Board of Review is a governmental body organized pursuant to Iowa Code Section 441. 31 and is a part of the city government of Iowa City, Iowa. 3 . The City of Iowa City, Iowa is an Iowa municipal corpo- ration located in Johnson County, Iowa. 4 . On or about March 24 , 1997 , the Iowa City Assessor en- tered an assessment for the properties owned by the Plaintiffs located at 1122 and 1136 North Dubuque Street, Iowa City, Johnson County, Iowa. The total amount of the assessment was as follows: • • -2- parcel # Unit # Assessment (Units titled in the name of Bruce Glasgow) 63918008 1122-1 80, 370 63918009 1122-2 79 , 030 63918010 1122-3 79, 030 63918011 1122-4 80, 370 63918012 1122-5 80, 640 63918013 1122-6 79 , 290 63918014 1122-7 79 , 290 63918015 1122-8 80 , 640 (Units titled in the name of James Glasgow) 63918016 1122-9 82 , 660 63918017 1122-10 80, 640 63918018 1122-11 80 , 640 63918019 1122-12 82 , 660 63918020 1136-1 80 , 370 63918021 1136-2 79 , 030 63918022 1136-3 79 , 030 `o 63918023 1136-4 80, 370 3�- G ., (Units titled in the name of John Cruise) - co -t C'-. 7,„..,4 63918024 1136-5 80, 640 . ~0 tei 63918025 1136-6 79 , 2901...r- 9 , 290r- . ) !�: 63918026 1136-7 79 , 290 4--; •w 63918027 1136-8 80, 640 CAI 63918028 1136-9 82 , 660 63918029 1136-10 80, 640 63918030 1136-11 80, 640 63918031 1136-12 82 , 660 5 . Pursuant to Section 441. 37 of the Iowa Code, the Plain- tiffs protest the assessment to the Iowa City Board of Review. A copy of the Petition to the Board of Review is attached hereto as Exhibit "A" and is by this reference made a part hereof. 6. On May 29, 1997, the Board of Review reduced the as- sessments as follows: -3- • parcel 7 Unit k Old ASSPssmPnt New Ass ssm n (Units titled in the name of Bruce Glasgow) , 63918008 1122-1 80, 370 77, 490 63918009 1122-2 79 , 030 76, 210 63918010 1122-3 79 , 030 76, 210 63918011 1122-4 80, 370 77 , 490 63918012 1122-5 80, 640 77 , 750 63918013 1122-6 79, 290 76, 470 63918014 1122-7 79 , 290 76, 470 63918015 1122-8 80 , 640 77 , 750 (Units titled in the name of James Glasgow) 63918016 1122-9 82 , 660 79 , 690 63918017 1122-10 80, 640 77 , 750 63918018 1122-11 80, 640 77 , 750 63918019 1122-12 82 , 660 79 , 690 63918020 1136-1 80, 370 77 , 490 .1a-.I 63918021 1136-2 79 , 030 76, 210 o L- 63918022 63918022 1136-3 79 , 030 76 , 210 _ 490 63918023 1136-4 80, 370 77 , 490 c)- Q, 1 (Units titled in the name of John Cruise) :(r-.•, 4 p� N 63918024 1136-5 80, 640 77 , 750 f ca 79 , 290 76 , 470 y ca 63918025 1136-6 63918026 1136-7 79 , 290 76, 470 63918027 1136-8 80, 640 77 , 750 63918028 1136-9 82 , 660 79 , 690 63918029 1136-10 80 , 640 77 , 750 63918030 1136-11 80, 640 77 , 750 63918031 1136-12 82 , 660 79 , 690 7 . Plaintiffs contend that the Board of Review erred in its decision and that the assessment should have been reduced from the above to $66, 000 . 00 per unit, which is the actual and fair value of the property. 8 . Plaintiffs have prepared and served a Notice of Appeal of the decision of the Board of Review on the Clerk of the Board of Review, Bud Louis, within twenty (20) days of the decision of the Board of Review in accordance with Section 441. 38 of the Code • -4- of Iowa. The Notice of Appeal is attached hereto as Exhibit "B" along with its attachments. Exhibit "B" and its attachments are by this reference made a part hereof. WHEREFORE, Plaintiffs request that the Court hear an appeal of this case and reduce the assessment to the actual and fair value of the properties, which is $66, 000. 00 per unit and grant any additional and other relief as may be just and equitable un- der the premises. BARKER, CRUISE, KENNEDY & ANDERSON, L.L.P. BY. 11 L k • Kirsten H. Frey 000014809 920 S. Dubuque Stre- P. O. Box 2000 Iowa City, IA 52244 (319) 351-8181 Attorney for Plaintiffs kf6\r62b4353 kr) "s v- .r- w -- EXHIBIT- a - PAGE PETITION TO BOARD OF REVIEW RECE VCEDIlegula,Codeon Chapter 441, of Iowa Office No. ,n11 0 5 1991 Dated / ,19 77. . *Mar(�` To the IIonorable oard of Review of the City of Iowa City,Iowa: t �'s whose The undersigned 'A c'2' �'' - uu Tn�eS +Iii.s-.•�,y,' ,,� - 1• 'as owner( ) mailing address is: y1 d �:. h t. 1�/ t of the following described real estate situated in the City of Iowa City,Iowa,/ to wi •//1!n 1 j•S 112 11:1 �� ( , 4s 1 — ArtA c--i C.1, l'1.5 COil dt n,ltl-iAnn.S Z which STREET ADDRESS IS KNOWN AS(PROPERTY ADDRESS): i1a-f13G/V, Ott 5....00c ..c I- and as such,liable for the payment of taxes thereon,both general and special,does,her Cby etpectfylly object to the assess- ment made against said real estate as of January 1,19 gr) ,in the sum of S for the following reasons: (Strike out the ground or grounds that do not apply.) property lathe City. a-That said assessment is not equitable as compared with the assessments of other like prop Yan five (Give legal description and assessment of representative number of comparable properties,not less tha nfd nif real estate is involved.) S , S S S S 2. b.That said property is assessed for more than the value authorizedigsbs octual value and law;that the is a fair a said veent ess meat is S ;that S Sc. �l I-I-. I// e.That said property is not assessable,is exempt from taxes,or is misclassified for the following reason,to wit: _ J C._ _71 d.That there is an error in the assessment as specifically stated,to-wit ,.r cm —ic1. . e.That there is fraud in the assessment as specified herewith: O .. N 7t. That there has been a change downward in the value since the last assessment,to-wit(Section 411.35, e of Iowa): • WI IERECORE,the undersigned respectfully prays that the assessment against said real estate be reduced to an amount that is fair,equitable,and just}or cancelled if property is not assessable. An oral hearing is rogues ted: 91YES ONO Respectfully submitted, For Use of Board of Review Only : u - G c -. • i,ri _ a .acs Tol`n r,-....3Q— . �, . '.• : 0. a.aoa Action taken: Address 211 I �� City,State,i ip • 1 .. ' y'Fby/CORRESPONDENCE Jew 1 A.•,•a1.of Above Named IhdyAi" ^Date blTO:�SQ',., QS G6o1.- • (If necessary attach Exhibits hereto setting forth more specifically the ground(s)of protest.) (Continued on Reverse Side) . EXHIBIT _6_______ PAGE 2._ Please,provide'the following information lta�1 P rty and 1 sussmeut Lo which you arc objecting: 1. What.is the present use of theproperty? lf 2. (n)Ilow was the property acquired? 'SI('urcltnsed UCiftfJTrade IJlnherilance UOLlher,explain (b)When was the properly acquired?(Date) If more than five years ago,then skip Lo 113. (a)If purchased,what was the total purchase price? (d.)If trade,what were terms? (e.)If gift,what was the cost basis on the gilt tax declaration? (I.)If inheritance,what.was court appraisal?$ 3. (a.)Within the past five years,has auyoneyttnde an appraisal of the properly? I I.S UNO (b.)If so,when and for what purpose? h A nil C t r%\5 (c.)What was the appraisal value?$ 5C'C�1Lt. Sf`t'cf. (d.)I low much fire insurance is carried on this properly?S 4. (a.)Ilave you improved.remodeled,added to,or changed Lhis property since acquiring iL? UYES Ilti(O If yes,but more than five years ago,then skip to 115 Describe changes: (b.)When were changes made? • (c.)Cost of changes:S (d.)Dues above cost include labor? UYES UNO e 5 sFor tatement.An official formamaylbe obtained ffrom the office essor!s office for this purpose.s,etc.)attach Lo The a current operating The Board of Review of the City of Iowa City,being vested with subpoena power pursuant to Code of Iowa Chap- to the owner(s)of any ter,441.32,r mayuissuenaid oslbpoena wner(s)tlotces furn furrrt nish culrrentloperat ng statement listing all`iincomelng and expenses,or the a protest s been filed requiring data necessary for the compilation of same. / Confidential Income Statement attached. DYES (YNOe �tt c e / 6. In your opinion,what was the fair market value of the property as of January 1st? se. C et I'Ito'11 5(ltOF ASSESences SM ASSESSMENT LOCer oreA Code of C l,t(vn I1EVlii\V 441.37.Protest of Assessment—Grounds. nineL nu'L 1. Any pni,M rty uw,a:r or nggrirv.•d taxpayer will,is dilwnlisfed with Um owner's or taxpayers awcsomcut may fila a prote``�T','`j�,t has L oly 5,of Um arycuurclo be it disaster limn by proper federal othor lice idleruMacelhh 1 nut prior to May 20 of saiar of the d yvar of n lit w+asn,Watt,the lea rfl isf retic . saloom ded:ll be in fie ...+ sluJl be oaatpinxLd h relllalhal a+,rCaa+INl until Join:IS and the time far filing n protest shall be extended to tad include the periMl-ftvh�h�+y 25 toJuuo 5 of wool'year.Said pnitesL Atoll be io writing nod signed by theism protesting or the protester's dilly nuWnrired ngenL'Sltc LA:payee."'" nifty have lab orad hearing thereat if regnest theneforts in writing is made 1st the time of filing the protest-Said protest most be aasded to nl+ or more of the following grunt ids: - properly Y r��Y i� n.h unt said asacsruucnt is not cpduable as compared with naacsso,c,els of inner like m rt. in the waxing distrieL Whet,Lhinimpud is relied ups+ns the basis 0(11 protest the legal description nod nsseaau,cnls of n representativel shall ul lbs er of con eau this properties, Aside! 1.4".),... easel seribcd by Um aggrieved uox1s,ycr shall be listed wi Uno proles.,uUacrwise sold pro _1r w,suiting b.haat the property is asisestied lit more Um n 1.1 ossuul which viiitat wthe parized rtyy ,co considers 1l,the be itsspecific netted vacua aationsitt nd Uhthe he oto nen t the pesting a crisis- C.� lice's the property u,be uvern.ereosctl, era n fair nasi wsuiwilL e lime the property is mit os essolde,is exe mpt from U,*es,or is atisclnsaificd nod sad Mag tae nrns.KIS fur the prou:s d.haat limns it an error in Um nanaw,+,oiiL Ell Id Sudo the specific nllegeri error. a.'llad three is(Hold in the mwcssu,ent which shall be speoifirully stilted. • - hi sl,,iias,Us the nsonic the property r,,ud t caws, y protest lly In U,.,board of review under the pn.viwwls of oils.4.11.35,but such protestbove, *Mill be in Use some nuuuocr mod ups+We eros la:nus os heretofore proscribed iu U,ia cliou.(Seo,addili.saaL in(ununliwl nn section 441.35 mid appeal gra.wds six below) • paY t provided n this dein t except Unit ttheo protest may - 2 A property owner or aggrieved uu cr who fin<b W o,l n dcria,l nr WL-aunlinstl error baa bah u,ndc in into nsecsen.ent of rc ow»cr s • or flied h payer's property ashy file n protest.ngla;al,t Wal clericalmaserr+cul ill We stow P be filed for pm:riau ye -m.1Le lowed luny correct or thenuUcnl errors for oily mvosa,ne t ycnr in which the Loxes loom not been ' fully pokier otherwise legally discharged. soy 'rho board shall uolairreet no crew its„htiug from n property asses or nix er s uuhcnlruty in reporting or failure U.comply with section 441.17. 441.21 mist i;wv:'l ,3 staattl w bordersof proof shall be ups o may comp!ll i ttt Oa snag,ckinsuch vnh u mtnsns excessive,iundequnte,iuclm i tab e • is Ices then We nuorket vnh'c determined by the nsatysr,Um tarda'a(proof Wvc'db'stall be apes ora,priciata:however,in protest.or appeal pn,aad it'i enoltoo,asnphuumdoff++r twn¢cusd CriWaaeV by at!cost twodisinterested witnesses • that.the market anions of the property . I . . . • the officials or persists s'ol'ing La uphold a„dr onium.,to be nssaased 441.35 Powers of review board- 1La part of this sucliorl Wal relines to grtmul s six states:lir any ycnr n11,•r t'e year in w i tis l n rise sine.ants shoran f eeds nim soma of nil of the est1 it sling be tor:duty of thm board of reales fo hnnx,L ti p uud in sod'ane.iL slash same hiss duniie in soy in°,to revolter HI sr, parlor n11 of ttu real eatnto contained in suet taxing districrd Use nd.d in rtlhro,b rovnlam a,d reassessf Urnyear y P anal'and axrhpnrLO the taxable arsine 1.11c-reef,and nay nihil,r.�ed the ndtud rnhto its a(Jnmanry 1 of the of Use ryer s p iia,nud�drenn rc reduction or i.. eosc shall be mode far prior years. ln:pnycr may pctUrw,for n res Lu,a on of Uta witetaxpnyeri p a voltie of ,a,L'Ilw boned . Therefore,Pmauvls G Males ii oorsi o h where there tins boor a d,ndurr in determine that the ssincerUteat t asses January first oa is c,review Hwy meals aritictta+in regards change We d,ange nod Ute cause and,any osis ewew.oad n This ground sines Jaw ryfirsta LIM prcv „isle corms year it ,incorrectstater of n swags is the r.Jow of the property . Lel implienble inn real tolntc nd easement ycnr,b.d is Ile nilly ground for probsaing no csul;ng ouscxenrarL ill it nnrt•reasw,er year. •1.11.38 Appeal to district court. , to the district court of the carols Us Appenlr puny be Laken(rout,the action at tie banal of review with rcftveace to protests t. dh1 ogee dile it Urn No new grounds in additionunyUs which Ube toned n he its Best La tum within b and of hty reviloirs Mier ew w provits ded ided iii sectiont or 441.37Ycan,be pleaded,but uddilionnl crhlence 4o nrsl.n,u U1oro granola• Uric sat b in r d Pts' tl and in Ute same,natter w nn individual taxpayer,public body hany c introduced-111e na provided lu recti al 441oll 42.Apthpeals some right to aken by or noticeofuppenll shun be served)roma section "olive n ui rh'n'pernnn,presiding oftinr notice t k of t herd of rev`e�rn r1U,c fling of . notice with ilei clerk of district ns,rL . EXHIBIT A.. . • PAGE Attachment to Petition to Board of Review Concerning The Cliff Condominiums Owned Jointly by Bruce Glasgow, James Glasgow and John Cruise Dated May 4, 1997 Though record title to the 24 condominiums known as The Cliff Condominiums is owned separately by three persons: Bruce Glasgow, James Glasgow, and John Cruise, the three owners combine all units in one apartment complex, treat the property as if all units were jointly owned by all of them, file a partnership income tax return for the project and operate under the name Scott Boulevard Investors, an Iowa General Partnership. Follows is a list of all units for which this appeal is filed along with pertinent information: Parcel 4 Unit r New Assessment Over Assessment FMV (Units titled in the name of Bruce Glasgow) 63918008 1122-1 80,370 22,370 58,000 63918009 1122-2 79,030 21,030 58,000 63918010 1122-3 79,030 21,030 58,000 63918010 1122-4 80,370 22,370 58,000 63918012 1122-5 80,640 22,640 58,000 63918013 1122-6 79,290 21,290 58,000 21,290 58,000 79,290 63918014 1122-7 • 63918015 1122-8 80,640 22,640 58,000 (Units titled in the name of James Glasgow) 63918016 1122-9 82,660 24,660 58,000 63918017 1122-10 80,640 22,640 58,000 63918018 1122-11 80,640 22,640 58,000 63918019 1122-12 82,660 24,660 58,000 63918020 1136-1 80,370 22,370 58,000 63918021 1136-2 79,030 21,030 58,000 J 79,030 21,030 58,000 63918022 1136-3 22,370 58,000 O L-' 63918023 1136-4 80,370 ZEC- CZ '11 (Units titled in the name of John Cruise) .-- --P: r 22,640 58,000 ..{i- "0 . • e 63918024 1136-5 80,640 58 000 �" 7K ,"`, 63918025 1136-6 79,290 21,290 , -21,290 58,000 Oa? fu.%979,290p„,63918026 1136-7 22,640 •58,000 } _ 63918027 1136-8 80,640 58,00037-' 63918028 1136-9 82,660 24,660 •.- 22,640 58,000 80,640 63918029 1136-10 58,000 ' 63918030 1136-11 80,640 22,640 63918031 1136-12 82,660 24,660 58,000 An appraisal from Downes and Associates will be provided to the Board of Appeals at or before the hearing requested on this Petition. We expect to have Greg Downes appear and testify as to • his opinion of the highest and best use of the property and the fair market value_ A copy of the partnership tax return for 1996 is being submitted with this Petition on a confidential basis. The only reasonable use of these 24 condominiums is rental to SUI students. The net rental income, without considering depreciation and interest.J' expense, for 1996 was $145,683. ` V, • • • - • ":744..FkiVit•-i•--..- i•-: .. i'- .i--•t'.%!!!!-'..'i;:"-'7'..`.i%•t!'Irr.r.i.P.T1' :-.,•C• •••.:',/44,• :;--..-..-'• ,...;• PAGE WC. • , -..,. -. --,..:. •—•:,,.: 4:i 1 Cp. % il----% :-...1.1 .• . t . . . . ' ' '-.4.-1`4P14•::••,•'".il:;. . : : . :• ;;..dij, ,. -,„•'..4:.: , 1rLi.i.• .. . • , i 1114F- ..'•I''l''''41'• - - • • ''. • : .:). • ..."•It V''•":':••• •••• •-•;:?..1t .,.I%! i t ;L•4•• .•'-‘ :•-,4.- • ••'''," r• . . . . . !!1••: . ,,,1 ,.-.•••,::•..:••••••.,L.:DA..;,..4,,,r;t,I.,..., . •i! • ..!01-1...,:t-.!,:•;-•,-...:!..::,-,4::--Nr.,.At:A-;;-1 . • .•..V li t_..-:.,•• •-•111-34100,i2etilt ...4.;':.;11•• ••;*--.',..:..-. ;-.,:.,.: :. . : ,. . . • I , I ""Y'lli''''•...::•-:'..,i!- . . , i • . 1..iir,, Y..;..1.,;.‘:;.4.•,7:•2;:i;11;r173111P•i"'t!1 . • --.; .i. 'ttl;:.•‘-',•‘..i•4.:1114.5'.:!'11;:,);':1''.%.*:•• ' Total Income 246,134:-...;),•:' t;:•-• l'!''''!. on— • •1 - i,i1.1f.4i,: . -4, ii..ct-••=i,..i.::c,t, .. ,. • :I Less .Expenses 188,479 01 ; . - :111,k, i.f....•.. .1-e:1,1:not::.4;- 111,41.1•JYPF.: ' :•.• . ... • • •il T.,-,,,.:,l'...t.' -i.',;i'J.:if Ps•••••=•-','0 1;!..:. • .:. -Net Income 57,655 11 ,•••!•••••• '....--i•••-:',-....10a. :..,'...;• litl 4tIii,ii.rt : . Add Back: '. : tI i ,. . • '.1111•.:';r1,f3lEscif,1,1;' 'I.;... : ,•. •• 1;3+:1.; t:4.47 ' Interest Exp. 35,498:ii : •..:11 . .. • . ',...1... .. •,`1r ...11 t • :I.:011-6 t:*, ir• .: Ir.'.: ' .: . •':::;,....,:'•%,:?:r. Depreciation 52,530 li ,L'illi• ,•.il '• : ,;.I. • .....X..i5-1.--'if..:. • .,..1•.•r;i..,ti il: . r.i• : 'IF - .• ...'11 ..V;!;.4.-41''!-i, •}.::':Ii A t''11. :, Net Income for Valuation Purposes $145,683 ...1 :',;.i. • : :i.:.„,:.41,.,--.1. 1,.1.: r' ,.;.••;.,Ri.,:,. :. , - .-11 ; • ...ii;'1•::::::41 ,•1 4, .0,..11 I ,. • . :•: i • '-'1,•1!•14.:11, ;This is typical for the project. ;: Using:a 10% capitalization :., : 1 ..!;•••:;!.:::::,.,.. ... .!,.... . - • 1..-1i Or I1lrate, the property would be worth $1,456,830 or $60,70125 per. .:..!,.!.;;,•••,` ..1 . :`' it tit:.t unit. The rental market is very 'soft: at this time and-.rents are ',. .! ::'..:*:::!'1 •':•• •. .. ,.,Ir-• ,:being : 1, t: '••.'''' 1 1 ' maintained at previous levels or lowered as needed to fill ::!...;.',', ::.-'•,..• ; ,• Ix •1 • i l'apartments. : •1:-, i- • ::: :::',,.1‘...•;" ; ': Ili .• il 1 , ,.... - .. : •:1:: ,...1 .•'-; ! gh v-1. i;- , • :1 , ,i: .....,.i. .. 1-. r,.11..*.g*:r.i.„"-ji.In addition, this project is also subject to a very, very . - .,:.;...:.,:,.,. ; :4. . :11 C substantial liability. The City of Iowa City is requiring:that ;',.,:•:! ;,t., 1p Jit;..`,13•••:4:1:the project owners expend an amount nOw:estimated between': • Ai• ... : „i :,,,: ... fi'it,,R..1.,.....0,$125,000 and $200,000.to stabilize the cliff embankment..!to the ;.: :'.•1..,,:.•,....,...:::..i....1: ' .4. i.l.satisfaction of the City. •• .1.;:t:•:.tH .: •:-?:,1... l'ii. ,.; p, 1 • ,! ....-T9,...• 1. i •- .1,• • ....-. . i , --•v•:. • i There would be no market to sell these apartments for any:price •'-'""v^11..f',11.above $58,000 and, in fact, no sales are possible with-the . . • : , Iti.,..!..::!! !- C..1:1....:,...I'St4 1'pending.litigation brought by the City against the owners1' and.the 1.. 111-i '• • - . ,:.1,••11. '1 t'. • ii•:,''..;,t1.1.1t::.(4‘,;;;le*:1.requirement for stabilization. Additional information:on; costs ;... 1.;0: •,!.. .,;:. 1'''''. '''''.1.: ',;=• f stabilization of the embankment will-be provided at•the. 4 •1...,. i:•,:Aat§.:,-.1r° -...i-t,.-4..• F;hearing. At this time, revised engineering plans are being*: :11 i 0'itt• ii•Z',4-h.b.IT-4.)•.-:f,11prepared by two engineering firms, Van Winkle-Jacobs and:.Terracon.• •.!1.1,r01•., .1f.,-**11t5-1:fl51 Consultants. • ! -il!,•.!:, '. f, Itri.,5 0 i.„. ,,.....0....,,.„,:.,,..„1; • • 1 .,,A,,Ffs5:11,4„ . : • . R,• •. ... , •,I.,it,: . tii , , ,..,„1 . •:......; . . ,..,, , ,;1 „ • ,,.. ,.4.,,.:c:•., 1,.. - ,"•,•., 2 r,1 Res pect f ully Submitted on behalf of Bruce Glasgow, Jamee-Glasgow:... 11.14.111•11 1„..,FA,...,...„x .., . i24-.1ttg-.11 and John Cruise. ik 0e......-....••.. . 11' 1,. •• .. ••. •I-tiqf I.:ti i,, •t!t•.: 1 I•i:;.t.t!) ,.ti : :i• '•. I':;;;;1i " : . L 4 it Vitt ..t: . •, ' -:- :,i L •. -. I,, [is,r.i:•-I .: . it,.13.i...,': -, • .; .,..r . • : ; . .,.r„.p.,:t la..0. Ali . . li.,?" -40-1?AlW‘ / . •. ,:,:: . . ....-iP;i-i! i•11' 1 • -;:1-1.ki.,IF:.•iipli.WA al..1142/ •i: . . . .,..r.P.3,• •,.= . 0 i ! --1.r:.I., •`t ' K rtIVI:7+1.t1.11,Jo ' Cruise, Attorney . . .:t • 1,i : .;:.:1:.:4i1•31:1 I : ,,. . ::. : ! .i: ,1. 1 :II • " . .40c..1 I. .i .... ,: , : ; . 17•4•41-• •em". . ..!: u • ; ;• .;:::.. .....;•••;',;141:ti-} 1;;• .. • _•rP.'14 'Iiil I- • •.•:,: U. ?,PR.74•4,11: f•:-, - • . ' ! :r--'- ',l'!;L0.11'.:,'.';,4 • . 'h.. ;.,:':.:C -i 4.4,- I.T.. .1' 'Ze',1V...,.i't'. ' • .; • . •Phgt-r,•• : .- I--i a !....i.,4...F...11...i. '..•: • : . . - 11 .0: -rr"!...h.._.%-zj.l',41.• -: •4._ • • i i . -1!T:'7 • • • :•-, -- • ••,-;•jr,t4.1;',..A.:',,::,! •4:•?......-'" • '';•;:i113;;44:-.,.:•;1•11U-i•- •• , ..:..•; ;i''.• :.::.i.:,i'•'.0';'7-: , r.....• ,..:,;.„1„,,,i01 ;;-„.•,.. . ,..:. .. ' ':. ',''1 .. :i•.4 Latr-1,4 , .:, zz 0,01%1, f'', :.-• . : . . . . , . .1.....:...,; ..fv , •%.-;., • ::;,,rtigh,c,„-:::.; ,. . : . *.t.ti .!.•...'•i.1...' -.21.-,.... .1 " 4:i4r VI- i'll'.•'!- ' , • :,.;:v•r, :- -; •-•!. •...,,.,k,,.., •,p,. I•••••••At• .,..-V. ;..•:., • . ''''' '- 1 ikf........• . c''':sion•i'34,•Ifs,tE '•. ' ..! P ::.: • -..•,..ipi.,%:.:-•it... •,.:, ‘ ''': . -. '''.. ..01•4^-,:f.,i-. •(..1-1-'-'" - •,....(12',.,-ri;;Ft 1,:'•. -1 lii-r-• t ',.. .. '1-1Ki..,_' A'?•••••- • 1..-4,4:0?..wi :if • .1-1.•.' •. '•'••••-•-•virVitt, ....1.kali•;',./T14 'ri ii • • • • . . II'' L'''.• ;'*pi.'•'-'rt.e.• • .. i .-'A'i;-':'::.'Al,:,....2 A.4-?..i.;14. ....A.,', - • . , •, -..atr•43,&tit i•:.:,'..!, .• ;:. . - ...• : • . i•:.••.,.'..r.,....?l7N...I1..!:.1-!I$aZr.z.0-.i44,ieA.A.,:t!•4."n'4rl,.1s-o7,t,,,i,;r1:t;.k1.:-.ttS'1.:Ao i.71.?••••r,•1?i,;'....!;i-..'i•,."..;'::...••.r..•.i:' .1.•-•-•::•.!;1-,::: .••. .. • ...• •. • ..-..!...' . ,....I.,!...•• . ;'.:',1;.'..:.:i,.•::.$,i.,2•.7.:.-:,.•..-..I,1,-ii.t..1,t*!;...!:,';:4-e;.::•.i,:7,s.4itff:.•s,••..1-:"::..-r1"::1.,j!,.•.;-$t1.F4.:-i..1!,,-•,-.0..t;r:....Z?....i-i.:;•0•."7-f;..t•r..••.;l4!•I••.•-•.•'-..1v.:1..•5i..i,-:;r*1..•-',4;--4.%•*-ct„,41W.1i(,,6,.,.4..4...x•'4., l•i•I1 IIj,;;e•i.t— T.10.l.Y..,•,I: ; ,; 1: it ,: ! 1.;•: ,,.,- • . lttv.et- 1 q3Kv e„ ri1-4,•ltt,l •iii4 -..r. „Nes 112I r-:.-.ir•;.'.,',:i'.td•._:,ii;..,'•:i; ' --'..•. .•.-- ,- ...- • .' :7)1 ieilr?,4,t...0-i 4 t ...:•-•:" .. ..7.1.1,f:-......,!'•,•.;:.1..-....,'4-744 fi,f....! . .... •:,•-.44,13-flo - r .• r, '41' „-4..k,,.. -,.:• • • . , • •,•,..• ,r.r.:•..• „.,•,,,,,n.watip,,F-17. •-, • - --- - -._ it ri t. t.lc -1. , • .• •_ I :. .,,, i:,.:.,•, , .7. .. :.,•liv il!•.3,..f.;.r..j:,: •• . - • . . . • . ti Ai,: .. • - • • .. . .,:i!,- :1'21 It•i;7, •-,1;-.V.;tkA .::4t...; ; : • • . .-• •,..,.••••• ,. ,... -1,72tit ,f,....• • • : - • -111-:"I" .- :- .A-?-F,--t-iii-:!..„ -. • ; . .•ct,,, .1 :, -; *. • . • i ••• • ,, •7'- LS...'''... 'I 1--- '.-%74.:• • :•1".. • - • 1.4.1t 4 , .. • . ..i:Lit,It-• fj •r ' i•'',. 1-19.11q:•,11 saiit'I1 •: .- ' • ..:- :.:itr;I:"!....i'e r Ot.2.7..•• -,i;';.--', ' ',T.ltri.4•;? " •' • t • -:,•!. • - .:.•, •: .' '.::11:1;! ii.:•{::•';:-1141•4R41, ‘,.ri-'..,-: - • . • - t.: 14;....l• .. • • ''... ' ...1,,......:,...1.- ;e .4.% , ,:1 1-;', t i i.:>;:::t i:•.:11;x411.0•41 j.....v.:,-; • ` :; '5.; :i4: •• - -..; r:;.:....: 1:i :*.•,,i.. .iAreill !•• ..)i •4 •.••l'''i I '. . :ila '! • • i, ,it: : I'--36.. :.-...,,..;.=;i--:-,-6,,-•;,:li.g.,14,-. ,,•:., ,:: ,, ,.:, :-.1.•:•11 ,, . ..,•,... I....... ..,,,,•T.,. !.'5,.P/:..i.....' . ..':.:! . '.:•.. I • -• ' •' • .: ,,-: :47'..r....r7--; - . • !• - ' " • - • • . :-•-i..1•••••-':i i •. ,.• :! : . . • 1 . • XH!BiT PAGE — UDS?)-7S NOTICE OF APPEAL `. To: Bud Louis, Clerk Iowa City Board of Review Pursuant to Iowa Code Section 441. 38 , you are herebYa- fied that Bruce Glasgow, James Glasgow and John Cruise hereby ap- peal to the Iowa District Court in and for Johnson County, Iowa, the decision of the Iowa City Board of Review dated May 29 , 1997 , with regard to the property located at 1122 North Dubuque Street and 1136 North Dubuque Street in Iowa City, Johnson County, Iowa. A copy of the Decision of the Iowa City Board of Review is at- tached hereto as Exhibit "A" and is by this reference made a part hereof . DATED this \ ' day ofr u 0J , 1997 . BARKER, CRUISE , KENNEDY & ANDERSON, L. L. P. BY - 1 Atm, Kirsten H. Frey ( 000 ,014809 920 S . Dubuque reet P.O. Box 2000 Iowa City, IA 52244 (319) 351-8181 Attorney for Bruce Glasgow, James Glasgow and John Cruise kf6\r62b4352 CD C— " rn O� N G' - EXHIBIT A - \• PAGE 1 IOWA CITY BOARD OF.REVIEW JOHNSON COUNTY AD►NIINISTRATION BUILDING DING 913 S DUBUQUE ST- POST OFFICE BOX 1350 - IOWA CITY,IOWA 52244 TELEPHONE: 319-356-6066 1997 BOARD OF REVIEW MEYCBLRS EtiNIE GAI-E'. =MI WYMORE JAC{YANAUSH JANICE SW -T.C:3AFRP�-¢SON HAYWOOD BET1.E May 29, 1997 is.) n- cr.0 3ohn Cruise 920 S Dubuque St `" FO Sox 2000 �., -ocri Iowa Cary 5224^. : c N Re: Petition 4 • p%1 59 `� Owners: Bruce Glasgow James Glasgow John Cruise The Iowa City Board of Review on May 23, 1997 has changed the 1997 assessment for property at: FROM: TO: 41 GLASGOW,BRUCE 16A-1 5 30,370 S 77,490 l 133 N DUBUQUE ST 42 GLASGOW,BRUCE 16A-2 S 79,030 S 76,210 4; . •GLASGOW,BRUCE 16A-3 S 79,030 S 76,210 GLASGOW, BRUCE 16A-4 S 30,370 S 77,490 T5 GLASGOW,BRUCE 16A-5 S 30,640 S 77,750 46 GLASGOW,BRUCE 16A-6 S 79,290 S 76,470 47 GLASGOW, BRUCE 16A-7 5 79,290 S 76,470 43 GLASGOW, BRUCE 16A-8 S 80,640 S 77,750 -49 GLASGOW, JANLES 16A-9 S 32,660 5 79,690 410 GLASGOW,JAJM£S 16A-10 S 30,640 S 77,750 411 GLASGOW,JANES 16A-11 S 30,640 S 77,750 412 GLASGOW, JA:NES 16A-12 S 82,660 S 79,690 , S 7 80,37074 3 S 7 -'. 0 9 1136 N DUBUQUE ST 41 GLASGOW,JA ES 16A-1 S 7 , 0 S 76,210 • 42 GLASGOW,i _ s 16A-14 43 GLASGOW,JA'ES 16A-15 S 79,030 S 76,210 GLASGOW,JAMES 16A-16 S 80,370 S'7,490 1 16A-17 S 80,640 5 77,750 � 4 45 CRUISE,JOHN 16A-1.8 S 79,290 S 70,470 T6 -CRUISE,30S'i 16A-19 S 79,290S 76,470 47 CRUISE'JOHN• 16A-20 S 80,640 S 77,750 43 CRUISE,JOS 16r�21 S 82,660 S 79,690 T9 CRUISE,JQKi 16A-22S 80,640 S 77,750 410 CRUISE,JOHN CRUISE,JOHN 16A-23 S 80,640 S 77,750 41/3 CRUISE, _,JOHN16A-24 S 82,660 S 79,690 • PAGE 1-1. The reason for this decision is-as follows: The Board finds that the assessment is excessive,but based on new evidence.and information furnished the assessor and Board,value is as stated above. The Board of Review has taken final action on your above property and adjourned May 2^, 1997. Appeals to dissict court may be taken within.twenty (20) days of May 31, � 1997, Section 441.38,Tae Code. Bud Louis Clerk,Iowa City Board of Review rn • • 11 END OF CASE FILE IOWA.;TATE BM ASSOCIATION FOR THE LEGAL EFFECT OF THE USE •' Official Form No.301 OF THIS FORM.CONSULT YOUR LAWYER 4" 1 THE IOWA DISTRICT COURT JOHNSON COUNTY Hills Bank and Trust Company, Plaintiff(s), I.AW ❑ EQLUITY ® No. ff2 "W(-07:-517 vs. Scott B. Jackson, Hortense J. Blake, ORIGINAL.NOTICE A-PEC Roofing, City of Iowa City, City of University Heights, and t cJ State of Iowa, c-)_ • r Defendant(s). o`. TO THE ABOVE-NAMED DEFENDANT(S): •a You are hereby notified that there is now on file in the office of the clerk of the above court a petition in the above-entitled action, a copy of which petition is attached hereto. The plaintiff's(s') attorney is Nancy B. Willis whose address is P.O. Box 143, 150 E. Court Street. Suite 201 , Iowa 52244 Iowa City You are further notified that unless, within 20 days after service of this original notice upon you, you serve, and within a reasonable time thereafter file a motion or answer, in the Iowa District Court for Johnson County, at the courthouse in Iowa City , Iowa, judgment by default will be rendered against you for the relief demanded in the petition. EDWARD F. STEINB► CH (SEAL) CLERK O",„ ./1,77.' HE ABOVE CO Johnson County Courthouse IZb6Z-5£L-Or e eMO� Ae�aj Ilea `paaledw! 2upea ''� Iowa City , Iowa 52240 111 eu ') nog( II) 00Z '1x3 '026£-86£-61£ io T dad }ou4slp inoA Ileo A aae!pawwi `t(���i� e asneoaq pnoo ul a1edeoiped of sad spiv itaepne lo an 2 s!sse a41 NOTE:The attorney who is expected to represent the defendant should be promptly advised by defendant of the service of this notice. Iowa State Bar Association 301 ORIGINAL NOTICE FOR PERSONAL SERVICE This Printing October.1989 Revised Oc cber 1989 V) IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON COUNTY -c n� [-f7 •• Hills Bank and Trust Company, ) ) ) 0Y-61 Plaintiff, ) EQUITY NO. ) v. ) PETITION FOR FORECLOSURE OF ) REAL ESTATE MORTGAGE Scott B. Jackson, Hortense J. Blake, ) A-PEC Roofing, City of Iowa City, ) City of University Heights, and ) • State of Iowa, ) ) ` + 1 Defendants. ) - - COMES NOW the Plaintiff, by and through its attorney, Nancy B. Willis, and for cause of action states as follows: 1. That the Plaintiff is an Iowa corporation, authorized to transact business as a banking institution under the laws of the State of Iowa, with its principal place of business at Hills, Johnson County, Iowa. 2. That the Defendant, Scott B. Jackson, a single person, resides at 921 S. Summit Street, Iowa City, Iowa, and is a resident of Johnson County, Iowa. 3. That the Defendant, Hortense J. Blake, resides at 703 Elmhurst Ct. , Clinton, Iowa, and is a resident of Clinton County, Iowa. 4. That on or about April 16, 1996, Defendants, Scott B. Jackson and Hortense J. Blake, made, executed and delivered to Plaintiff a written promissory note in the original principal amount of $61,600.00 with interest provided therein, a copy of which note is marked exhibit "A" and is attached hereto and by this reference incorporated herein. • 5. That as security for the promissory note referred to in the preceding paragraph, Defendant, Scott B. Jackson, made, executed and delivered to Plaintiff, a written mortgage covering the following described real estate: The north 50 feet of Lots 3 and 4 in Wilson & Lantz' Addition to Iowa City, Iowa, according to the recorded plat thereof. Said mortgage was recorded April 17, 1996, in Book 2067, Page 309, Records of the Recorder of Johnson County, Iowa. A copy of said mortgage is marked exhibit "B" and is attached hereto and by this reference incorporated herein. 6. That Defendants, Scott B. Jackson and Hortense J. Blake, are currently in default on the note referred to in paragraph 4 for failing to make the payments due October 1, 1997 and November 1, 1997, each of which said monthly payments is in the amount of $646.64. 7. That the mortgage referred to in paragraph 5 above provides for the acceleration of the indebtedness in the event of default. 8. That on December 3, 1996, Plaintiff mailed to Defendants, Scott B. Jackson and Hortense J. Blake, a Notice of Right to Cure, which letter also included information informing Defendants of their right to mortgage counseling, a copy of which letter is marked exhibit "C" and is attached hereto and by this reference incorporated herein. 9. That said Defendants have no right to cure their current default as they were given a proper Notice to Cure within 365 days of the present default. Attached hereto is Plaintiff's affidavit attesting to the same, marked exhibit "D" and by this reference incorporated herein. 10. That attached hereto as exhibit "E" is an affidavit of Plaintiff's attorney concerning attorney's fees, which affidavit is by this reference incorporate herein. 11. That the above-described real estate is non-agricultural land, anis loss than ten acres. 4i CD 2 12. That A-PEC Roofing filed a Mechanic's Lien on September 30, 1997 (Mechanic's Lien No. LNLN005624) claiming a lien in the amount of $3,666.00 against the above-described real estate. Said Defendant may claim an interest in the above- described property by virtue of said Mechanic's Lien. 13. That the City of Iowa City levied a fine and surcharge against Scott B. Jackson in traffic violation case ICSTIC070471. Said Defendant may claim an interest in the above-described property by virtue of said traffic violation judgment. 14. That the City of University Heights levied a fine and surcharge against Scott B. Jackson in traffic violation case UHSTWG713036. Said Defendant may claim an interest in the above-described property by virtue of said traffic violation judgment. 15. That the State of Iowa levied costs against Scott B. Jackson in traffic violation case SMSM017482. Said Defendant may claim an interest in the above- described property by virtue of all of the fine, surcharge and cost judgments entered as noted above. WHEREFORE, Plaintiff elects to accelerate the entire indebtedness on the note referred to above in paragraph 4. Plaintiff prays for judgment against Defendants, Scott B. Jackson and Hortense J. Blake, as follows: as of November 10, 1997, principal in the amount of $60,486.66 plus accrued interest through November 10, 1997, in the amount of $812.00 plus escrow in the amount of $299.16, plus interest accruing from November 10, 1997 at the rate of $14.50 per day. Plaintiff further prays that its mortgage referred to in paragraph 5 above be established as a first lien against the above-described real estate, subject only to unpaid real estate taxes, and that all Defendants' rights in and to said rest estate be forever barred and foreclosed except for rights of redemption. Pla-intif'f-further c C _ L.' 3 CD prays that special execution issue for the sale of the above-described mortgaged premises for so much thereof as may be necessary to satisfy Plaintiff's judgment together with interest, costs, attorney fees and accruing costs and advances. Plaintiff further prays for such other general and equitable relief as the Court deems just and reasonable. Dated this day of November, 1997. WILLIS & WILLIS 11, 1 BY: �.11 . Nanc Willis P. 0. . 143 150 East Court Street, Suite 201 Iowa City, Iowa 52244 319-337-9621 ATTORNEYS FOR PLAINTIFF 478-64-7260 UD CD C1 IN) +... '1 4 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) I, John Benson, being first duly sworn, do upon oath depose and state that I am an officer of Hills Bank and Trust Company, Plaintiff in the above-entitled action, that as such officer I have read the foregoing petition and know the contents thereof and that the allegations contained therein are true and correct to the best of my knowledge and belief. ..Xua&-2..(t' hn Benson, Officer of Hills Bank and Trust Company)114 Subscribed and sworn to before me by John Benson this 2 ( day of November, 1997. II Notary • lic in and for the State of Iowa 4111 - -- - -- - ; r S E : _4.1:0 200111 wD CD Mt' >. CI) - ,' i 7 �. 71 Ln O. 5 4!V-fuJv ,u, Scott B. Jackson 482-86-8055 *Hortense J. Blake AUTO DEDUCT: #412-797-2921 South Iowa City IA 52240 Street ADJUSTABLE RATE NOTE ' " � (1 Year Treasury Index - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. April 16, 1996 Iowa City Iowa Date City Stale 921 South Summit Street Iowa City Iowa 52240 Property Address 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 61,600.00 (this amount is called "principal"), plus interest, to the order of the Lender.The Lender is Hills Bank and Trust Company 131 Main St. Hills Iowa 52235 I understand that the Lender may transfer this Note. The Lender or.anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 6.950 %. The interest rate I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(8) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. 1996 I will make my monthly payments on the 1st day of each month beginning on June 1st I will make these payments every month until I have paid all of the principal and interest and any other charges described below that 2I0maay ow( under this Note. My monthly payments will be applied to interest before principal. If, on May 1st 6 I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date." I will make my monthly payments at any location of Hills Bank and Trust Company or at a ditherer place if required by the Note Holder. (B) Amount of My Initial Monthly Payments This amount may change. Each of my initial monthly payments will be in the amount of U.S. $ 407.76 (C) Monthly Payment Changes Changes in my,monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The No Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the 1st day of May 1997 , and on that day every 1: month thereafter. Each date on which my interest rate could change is called a "Change Date." __ (B) The Index I �. Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the weekly average yield on United Sta Treasury securities adjusted to a constant maturity of 1 year, as made available by the Federal Reserve Board.,.,The most recent Index fig available as of the date 45 days before each Change Date is called the "Current Index." ., f MULTISTATE ADJUSTABLE RATE NOTE—ARM 5-2 —Single Family—Fannie Mae/Freddie Mac Uniform Instrument —.7 Form 3502 3 F1037.LMO(8/95) Page 1 of 4 - " } 1 Exhibit A — Page I If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder • will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Three and 000/1000 percentage points ( 3.000 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(0) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate that I am required to pay at the first Change Date will not be greater than 8.950 % or less than 4.950 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than Two and 000/1000 percentage points ( 2.000 %) from the rate of interest I have been paying for the preceding twelve months. My interest rate will never be greater than 12.950 % (E) Effective Date of Changes My new interest rate will become effective on each Change Date. ,I will pay the amount of my new monthly payment beginning on the first monthly payment date atter the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of the principal that I owe under this Note. If I make a partial prepayment there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment. However, any reduction due to my partial prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (I) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of N/A calendar days after tht date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 0.000 % of my overdui payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. t.D Q "r a- F10371540(5/95) Page 2 of 4 Z C' pis C1 • N CPI - . . 0 EXHIBIT A - page 2 (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least thirty (30) days after the date on which the notice is delivered or mailed to me. (D) No Waiver by Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of the amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to the Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee: and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keec all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note am this Security Instrument unless Lender releases Borrower in writing. F1037.LMO 0/WS) Page 3 of 4 =C CD • r) z : _ -6" w 2: rn EXHIBIT A — Page 3 If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than thirty (30) days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. l0 O WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. CD-- . LI CN17 0 [Seal) B°r ower Scott ackson • RC1: 14Aa—1 ' Lr [Seal] Borrower *Hortense J. Blake �J [Seal] Borrower [Seal] Borrower RIGHTS OF LENDER UPON CHANGE OF USE I N ORIGINAL ONLY' In the event all or any part of the Property is used for other than S e personal residence of the Borrower without Lender's prior written consent, Lender may, at its option (1) require immediate payment of all sums due under the Promissory Note; or (2) adjust the interest rate, monthly payments, amortization and maturity date of the Promissory Note to conform to Lender's loan policies then existing to be effective on the first day of the month following the use of the Property for other than a personal residence. ,./;,:444e -Ne4/2./. Scott B. kson STATE OF IOWA, JOHNSON COUNTY, ss: A On this day of April, 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared Hortense J. Blake, to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged F+,ohY.tir t,#.g executed the same as her volun4iyy°rct and deed. , Commission expires: Notary Public in and for said County and State EXHIBIT A - Page 4 ADJUSTABLE RATE RIDER (1 Year Treasury Index—Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 16th day of April , 1996 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to Hills Bank and Trust Company 131 Main St. Hills Iowa 52235 (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 921 South Summit Street Iowa City Iowa 52240 (Properly Address) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial rate of 6.950 %. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the 1St day of May , 1997 , and on that day every 12th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" Is the monthly average yield on United States Treasury securities adjusted to a constant maturity of 1 year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index". If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Three and 000/1000 percentage points ( 3.000 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 8.950 % or less than 4.950 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than Two and 000/1000 percent ( 2.000 %) from the rate of interest I have been paying for the preceding twelve months. My interest rate will never be greater than 12.950 % or less than 3.000 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. MULTISTATE ADJUSTABLE RATE RIDER Single Family-Fannie Mae/Freddie Mac Uniform Instrument Modified Form 3111 3185 F3783.LMO(12/94) Page I of 2 CD �J C . N �.. ( i _ C..J 1 3= vt O EXHIBIT A — Page 5 • • (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 17 of the Security Instrument is amended to read as follows: TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER. If all or any part of the property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were biting made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law. Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lander exercises the option to require immediate payment in'full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. [Seal] orrow C ttAkso-n [Seal] Borrower [Seal] Borrower [Seal) Borrower C t y P i' — . - F7781LMG(12l94) Page 2 of 2 teen EXHIBIT A — Page 6 Lty 199e UR 17 HI 3: 01 Prepared by Hills Bank and Trust Company 1401 S. Gilbert Street Iowa City, Iowa 52240 319-338-1277 (Spat.Abov Thi.Line Fel Recording Oral MORTGAGE THIS MORTGAGE ("Security Instrument")is given on April 16, 1996 The mortgagor is Scott B. Jackson , a single person ( Borrower"). This Security Instrument is given to Hills Bank and Trust Company address which is organized and existing under the laws of the State of Iowa and whoseis dnder' 131 Main Street Hills, Iowa 52235 - Borrower owes Lender the principal sum of Sixty One Thousand Six Hundred debt is ende00d10y0 Dollars (U.S.S 61,600.00 ). Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on l.C-I May 1, 2026 .This Security Instrument secures to the Lender: (a)the repayment of the debt evidenced by the Note. ---1 7 with interest, and all renewals, extensions and modifications of the Note: (b) the payment of all other sums, with interest, advanced under _ , paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this f e.C_ u.+• Security Instrument and the Note. For this purpose. Borrower does hereby mortgage, grant and convey to Lender the following described i%'- PO am*Ma County,Iowa: - property located in Johnson x.,.t1 The north fifty (50) feet of Lots three (3) and four (4) in Wilson & Lantz' Addition to Iowa City, Iowa, -0 i '".9 according to the recorded plat thereof. 0'- _s O RIGHTS OF LENDER UPON CHANGE OF USE In the event all or any part of the Property is used for other than the personal residence of the Borrower without Lender's prior written consent, Lender may, at its option (1) require immediate payment of all sums due under the Promissory Note; or (2) adjust the interest rate, monthly payments, amortization and maturity date of the Promissory Note to conform to Lender's loan policies then existing to be effective on the first day of the month following the use of the Property for other than a personal residence. which has the address of 921 South Summit Street Iowa City 'Sneer) tolyl Iowa 52240 ("Property Address"); tip cod.( TOGETHER WITH all the improvements now or hereafter erected on the property.and all easements,appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the'Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shalt pay to Lender on the day monthly payments are due under the Note, until the Note is paid in lull, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority aver this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly hood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (I)any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to lime, 12 U.S.C. 2601 et seq. ('RESPA"), unless another law that applies to the Funds sets a lesser amount. If so,Lender may, at any time,collect and hold funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of correct data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency,instrumentality, or entity(including Lender, it Lender is such an institution)or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lerder pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid.Lender shall not be required lc pad 'Boxbwel any interest or earnings on the Funds. Borrower and Lender may agree in writing, however,that interest shall be paid on the Farrd's. Lender s`raft give to Borrower,without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for when each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. IOWA.Single Family-FNMA/FHLMC UNIFORM INSTRUMENT Form 3018 9/90 F IC24.1.M0 13/981 Pax• I of a ?06 i 'N,( 309 .70.1039 TOR EXHIBIT B - Page 1 If the Funds held by Lender exceed amounts permitted to be held by applicable L _ender shall account to Borrower for the excess Funds in accordance with the requnuments of applicable law. II the amount of the runds held by Lender at any time is not `sufticent to pay the Escrow Items when due. Lender may so notify Borrower in writing, and. in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deliciency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly refund to Borrower any Funds held by Lender. II under paragraph 21. Lender shall acquire or sell the Properly, Lender, prior to the acquisition or sale of the Properly, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides olherwise,all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; lourth,to principal due; and last,to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, lines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or it not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. II Lender determines that any part of the Properly is subject to a lien which may attain priority over this Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard of Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards,including floods or flooding, for LO which Lender requires insurance.This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance — --r• carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. r r, O r.--71 d If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in r: the Property in accordance with paragraph 7. TV - -+ All Insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the C.)— . (xi right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and _ - renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of - • .- _ a loss it not made promptly by Borrower. —4.. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the r-1 Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or - repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured .r r r1 by this Security Instrument, whether or not'then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not C.7 answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether Of not then due.The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Properly prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation Maintenance and Protection of Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year alter the date of occupancy,unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy,damage or impair the Properly.allow the Properly to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in lender's good faith judgement could result in forfeiture of the Property or otherwise materially impair the len created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18. by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower. during the loan application process, gave materially false or inaccurate information or statements to Lender (or tailed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. II this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. II Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court, paying reasonable attorneys'fees and entering on the Property to make repairs.Although Lender may lake action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment.these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in.effect. Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one.twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection.Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. rag.2 or 4 ((�� r1c2.1•nn(3'95) r.. �06 7 :14Ct 310 470.103-3 noir EXHIBIT B - Page 2 10. Condemnation. The proceeds my award or claim for damages,direct or cons, nrui. cunttecttui,w„„ally or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event'ol a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether at not then due,with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a)the total amount of the sums secured immediately before the taking, divided by (b)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking,unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if,after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days alter the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or not then due. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not A Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender-to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrowers or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers.The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17.Borrower's covenants and agreements shall be joint and several.Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b)is not personally obligated to pay the sums secured by this Security Instrument: and(c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the .;; CJ "11 permitted limits,then: (a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and II (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to r r tV ,r,,turr. make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces C.71 rj principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. —`t er, "0 L 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first --<;• class mail unless applicable law requires use of another method.The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein t w or any other address Lender designates by notice to Borrower.Any notice provided for in this Security Instrument shall be deemed to 4 `` r have been given to Borrower or Lender when given as provided in this paragraph. ' 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction CD in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or it a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent,Lender may.at its option,require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower, 18. Borrower's Right to Reinstate.If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b)cures any default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' lees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shalt remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer.The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan Servicer")that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice wilt also contain any other information required by applicable law. 20. Hazardous Substances, Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Properly that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation,claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. v�. 206'7 AU 311 F,02a.IMO(3/98) Paa.3 0l a 470-103-3 TOF EXHIBIT B - Page 3 .hs used in this paragraph 20, " rdous Substances" are those substances o :d as toxic ur Environmental Law and the following subst•„ces:gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents., materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law” means federal laws and laws of the Jurisdiction where the Property is located that relate to health, safety or environmental protection. NONUNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the defaults (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice Is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by, judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled clud ny, bucollectnlimited expenses Preasonable atto rneys pursuing costs of title ies evidence. in this paragraph 21, 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument without charge to Borrower. 23. Waivers. Borrower relinquishes all right of dower and waives all right of homestead and distributive share in and to the Property. Borrower waives any right of exemption as to the Property. 24. Redemption Period.If the Property is less than 10 acres in size and Lender waives in any foreclosure proceeding any right to a deficiency judgment against Borrower,the period of redemption from judicial sale shall be reduced to 6 months. If the court finds that the Property has been abandoned by Borrower and Lender waives any right to a deficiency judgment against Borrower, the period of redemption from judicial sale shall be reduced to 60 days. The provisions of this paragraph 24 shall be construed to conform to the provisions of Sections 628.26 and 628.27 of the Code of Iowa. 25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. [Check applicable box(es)1 ©Adjustable Rate Rider ❑Condominium Rider 0 1-4 Family Rider ❑Graduated Payment Rider 0 Planned Unit Development Rider ❑Biweekly Payment Rider ❑Balloon Rider ❑Rate Improvement Rider ❑Second Home Rider ❑Other(s) [specify) E Y SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and In any rider(s) exectr ad by Borrower and recorded with it. • The undersigned borrower(s)acknowledge(s)receipt of a copy of this instrument. Witnesses: Cz (Seal) eor,owe, SCott46. Jackson (Seal) Borrower r O a 4.,,,* C [Sit • _t Cr!? rn v o !Space Below Thls Line For ACknowledpme,lll STATE OF Iowa ss: COUNTY OF Johnson 111111 On this 16th day of April , 1996 ,before me,a Notary Public in the State of Iowa,personally appeared: Scott B. Jackson , a single person • to me personally known to bo the person(s)named h and who executed the foregoing Instrument,and acknowledged that he executed the sante as his voluntary act and deed. My commission expires: 10/31/97 Tom` NOTARI>AE SEM- wary Public in and said cooniy and slate AL Tim D. Finer (Spar.Below This Line Reserr•d For L.nd•,and Reeordn) 2067 act 312 F10?4.LMd(7/98) Pap.4 01 4 470.107-3 TDF EXHIBIT B - Page 4 ADJUSTABLE RATE RIDER (1 Year Treasury Index—Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 16th day of April • , 1996 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned(the"Borrower")to secure Borrower's Adjustable Rate Note(the"Note')to Hills Bank and Trust Company 131 Main St. Hills Iowa 52235 (the 'Lender") of the same date and covering the property described in the Security Instrument and located at: 921 South Summit Street Iowa City Iowa 52240 (Properly Addr.n) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial rate of 6.950 %. The Note provides for changes In the interest rate and the monthly payments. as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate 1 will pay may change on the 1st day of May , 1997 , and on that day every 12th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date,my interest rate will be based on an Index. The"Index"Is the monthly average yield on United States Treasury securities adjusted to a constant maturity of I year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the"Current Index'. If the Index is no longer available,the Note Holder will choose a new index which Is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date,the Note Holder will calculate my new interest rate by adding Three and 000/1000 percentage points( 3.000 %) to the Current Index.The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated In Section 4(D)below,this rounded amount will be my new interest rate until the next Change Date. The Note Holder wilt then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am tri expected to owe at the Change Date In full on the maturity date at my new interest rate In substantially equal payments. The result of this 0 calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 8.950 %or less than 4.950 %. V7 4"� Thereafter,my Interest rate will never be Increased or decreased on any single Change Date by more than Two and 000/1000 • percent( 2.000 %)from the rate of Interest I have been paying for the preceding twelve months.My interest rate will never be - r- s e greater than 12.950 %or less than 3.000 %. •• ^' F-_ C,aJ • (E) Effective Date of Changes O My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. MULTISTATE ADJUSTABLE RATE RIDER Single Family-Fannie Mae/Freddie Mac Uniform Instrument Modified Form 3111 3185 r37E3.LM0('2194) Paq.I xl 2 • 2067 ?fct 313 470-103 3 TOF EXHIBIT B - Page 5 • (F) Notice of Changes The Note Holder will deliver or mail to we a notice of any changes in my interest rate and the amount of my monthly payment before the effective dale of any change.The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 17 of the Security Instrument is amended to read as follows: TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER. II all or any part of the property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior writter consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if.;new loan were being made to the transferee; and(b) Lender reasonably determines that Lender's security will not be impaired by the loan ;ssumplion and that the risk of a breach of any covenant or agreement in this-Security Instrument is acceptable to Lender. to the extent permitted by applicable law, Lender may charge a reasonable lee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 20 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by thls Security Instrument. If Borrower tails to pay these sums prior to the expeation of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in This Adjustable Rate Rider. 47150k50;1"4:-.----- [Seel) • [Seal) [Seal) [Seat) Ib (7j • v x0783 I MO(1 n04) ray 2 0l 2 C 'gG) 314 470.103.0 Tor EXHIBIT B - Page 6 Hills Bank and Trust Company Main Bank, Hills, Iowa • 319-679-2291 December 3, 1996 -COLLECTION DIVISION- Scott B. Jackson 921 S Summit St Iowa City IA 52240 NOTICE OF RIGHT TO CURE DEFAULT (Sent Certified and Regular Mail) Hortense J. Blake 703 Elmhurst Ct Clinton IA 52732 Dear Scott and Hortense: This letter provides notice of your right to cure the default under a promissory note dated April 16, 1996, with a current principal balance of $61, 433. 60, that is secured by a real estate mortgage on the property at: The north fifty (50) feet of Lots three (3) and four (4) in Wilson & Lantz' Addition to Iowa City, Iowa, according to the recorded plat thereof. This default consists of the failure to make the following payments:Due November 1, 1996 $ 427.84 Due December 1, 1996 527 .84 TOTAL AMOUNT DUE $ 955. 68 You have the right to cure this default by January 6, 1997. You can cure this default by bringing the payments current on this loan. To do so, you must pay the Total Amount Due of $955. 68, plus the next . regularly scheduled payment of $627.84 due January 1, 1997, for a grand total of $1,583.52. Payment can be made to any of our offices in Iowa City, Coralville, North Liberty or Hills. This letter is notice to you that Hills Bank requires you to bring this loan current by January 6,_1997 . If you do not, Hills Bank can then proceed to enforce its right to foreclose on the mortgage covering this property. Enclosed for your reference is a copy of Iowa Code section 654.2D (see subsections 3 through 7) which sets forth your right to cure. We recommend you contact your attorney. Iowa law may give you the right to counseling services. Here are a list of local agencies you can contact: A.I.D. Center Hawkeye Area Community Action 206 6th Street 1300 South Gilbert Street Sioux City, IA 51101 Iowa City, IA 52240 Dept. of Community Development Hawkeye Area Community Action 226 West 4th Street 5560 6th Street SW Davenport, IA 52801 Cedar Rapids, IA 52406 , to v S,rncerely, e .44�f& '-1 _ n Bn eson C-,7 y.-"Second Vice President • 131 Main Street,Hills, Iowa 52235,319-679-2291 • 1401 South Gilbert Street. Iowa City;Iowa 52240,319-338-1277 • 1009 2nd Street,Coralville,Iowa 52241,319-351-8000 • Highway 965,North Liberty,lova:62317,3313'-626.2381 • 132 E.Washington Street.Iowa City, Iowa 52240,319-351-3337` c J EXHIBIT C - Page 1 Z a2vd - 0 IIgIHX to :q1 u! o°;s !IMO 10 350 7md s3m01J "A; io5c2 • g a� o aou3 Isar a 1 s! 7! x Sul av n Iwr . !l S_x ural 341 JO 21rlr1rw 341 .10) uolllPuop y.._. ,vow ay1 j P. g g .g• ll ••P I. J 'o '_opr2lloo uroj r sam33s o2e211ow 1=n.1 Dtif:4-7 ati1 1D LitustJtu a0lrc no's rntto 4tal II Bold slnj 131 s Tut!1rm11cul.al .do1d pa- g J• I P••!P I P. P o =0 35E21.101.11 1SSIT r.(q pampas uolle2llgoro. ors!loltpalo attl j1/lddr lou scop uoll3as sm.!, '9 • . •::1oI133 341 10j so purl jrmljnocs9r 341 vo a 11110107 113353151 041.j0 1 ::--:j r jo amsopaloj ay1 .Oj stn. uollor a' : . i;rp a•�!j•%;xcs paspunq 33njl up.n!x p7LJTt o 4ottot _ t= : 8pn(/.13011!)07 r 131 pallnsal 4 !4M aoA• ljnrjap locid r 01 133dsal 141!M amp 01 182!1 jo apjlou • :::atua3u3wwo3 341 uodn purl icmljna 12e so4old r 13.xossoq 341 U7.'2 seg 101lpa13 341 ssajun . • •=rj ul p32r2uo Slanjl) srM 1oac2 sow agy!' ljnrjap a?1 ami 01 143!1 r sr4 sa..nouoq Vnr a 1 ._z1 lrmlln3u2r sc�C11ado1d Wallow aq j,•.Zl 11 j P • :Ljddc 2u!Mojjoj 341 jo lir!?IGGI:[( 7,33110 341 amp lou pip saMouoq 241 pur uoil • :=a ajgr331oJu3 aq lou ins 10202p0w 0411nr1S1 .pas 5!41 41tm p3!Id=p srq so•npa13 0y1 10L`r awn r ?:^551 1u3w2pnf e3u3t31Jop 341 uodn pos!maidsii .Cur it purl a41 u! 15010113! 5,1o1!pal3 341 5u131ojva •:-.:ma jrlaua2 so lu3tu2pnf£303l3Jap r'13A2: 001:130111;.3.1.3 341,1oplold lou scop vol133s S1t1J, •9 •35!M1a410 palrjndTls anr4• •390211otu so 151111 jo pap 341 pur _': ssajun '3o2r211ow ay1 1so!r2r pans! 7q hi uol1c2110o 041 lapun 5142!1 s,13Mouoq 341 1a.louoq . ..::;-.7.:35:7 10131332 r 'u0tln)ax3 3y1 dtjsnrs o1 jii 041 01 5710;'>31 11nrj3p r 2u!s513 jo pr 041, •c 1oj ilas lou slop Llladold p32r21sow aqi Z' .31113 01 14211 jo a3tlou 3y1 vc paotlpsap •uonn33x3 10131302 -d3u3p!3Q 9•Is s! q !4.4 :Inrjap r 313 01 nless3334 33urw10J13d ..•s 12410 SUE Sull3pual eq 10 'nal 5! s2a243cu.1% '3m3 47.9V...r...r1 01 i �� ..0 v 4213 jo :onou a4l v! 701015 lunomr 341 so'uo!) 0:_ e.•• ‘,,I- Z§ I Z§'Z1.I 93''11pYU1 •r13133)V 1n0411m '13pu31 jo 3W11 34) 1r Dnp mow 1-J' Ic'1'S9§'IS'Gt.'LL'SL'CL'U •lir1su! 0ledun 110 jo luno= 341 134113 54llapua1 "••,7-•• 0' • ; IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON COUNTY Hills Bank and Trust Company, ) Plaintiff, - ) EQUITY NO. • V. ) AFFIDAVIT CD Scott B. Jackson, Hortense J. Blake, ) 1=c A-PEC Roofing, City of Iowa City, ) C;_ CA tv ,r. n City of University Heights, and ) State of Iowa, ) " -' O Defendants. ) ) _-• c_n The undersigned, being duly sworn on oath deposes and states as follows: 1. That he is an officer of the Plaintiff-Creditor. 2. That all provisions concerning a notice of right to cure have been complied with, pursuant to section 654.2D, Code of Iowa (1997) . 3. That Defendants, Scott B. Jackson and Hortense J. Blake, are currently in default and were given a proper Notice of Right to Cure on December 3, 1996 with respect to a prior default which occurred within 365 days of the present default. 4. That as of this date the Defendants are in default for the October 1 and November 1, 1997, payments due. Dated November 2 t , 1997. John Benson Subscribed and sworn to before me this day of November, 1997. 1. FICK Notary P c in and for the State of Iowa Exhibit "D" • • IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON COUNTY Hills Bank and Trust Company, ) Plaintiff, ) EQUITY NO. v. ) AFFIDAVIT OF PLAINTIFF'S ATTORNEY FOR ATTORNEY FEES Scott B. Jackson, Hortense J. Blake, ) A-PEC Roofing, City of Iowa City, ) City of University Heights, and ) State of Iowa, ) Defendants. ) STATE OF IOWA SS: JOHNSON COUNTY I, Nancy B. Willis, being first duly sworn, do depose and state that I am an attorney of record for the Plaintiff in the above entitled action and that the fee claimed herein is for services actually rendered in this cause. That there is no contract, agreement, or arrangement, either oral or written, express or implied, between myself and my client, or between myself and any other person, contemplating any division of compensation for services rendered in the above entitled proceedings except (if shown by these proceedings) other legal counsel in a regular bonafide law partnership with or associated with the undersigned in the above entitled matter, or jointly serving with her as attorney, in relation to this cause. That the Defendants, Scott B. Jackson and Hortense J. Blake, had information of the whereabouts of the note sued upon, and reasonable opportunity to pay the same before the suit was brought herein. WILLIS 1\10. 1 . Nancy Alip; lis P. 0. 43 150 East Court Street, Suite 201 urD Iowa City, Iowa 52244 0 -n- ^ mac: cD STATE OF IOWA ) tV . SS: u, JOHNSON COUNTY ) Subscribed and sworn to be re me this I day of ovember, 1197. c:? • • , 42/64 iNotary Public in and for the State of Iowa �; M���T;,i' ,ouE�raES ` E �t „E" END OF CASE FILE THE IbWA STATE BAR ASSOCIATION FOR THE LEGAL EFFECT OF THE USE Official Form No.301 OF THIS FORM,CONSULT YOUR LAWYER THE IOWA DISTRICT COURT kip •� o JOHNSON COUNTY '` 7 r- LLOYD HOSKINSON and '{r-r; MRS. DARLENE HOSKINSON, Plaintiff(s), LAW EQUITY ❑ No. LRCVOSS a10 vs. TIIE CITY OF IOWA CITY, ORIGINAL NOTICE Defendant(s). TO THE ABOVE-NAMED DEFENDANT(S): You are hereby notified that there is now on file in the office of the clerk of the above court a petition in the above-entitled action, a copy of which petition is attached hereto. The plaintiff's(s') attorney is John T. Nolan whose address is 22 East Court Street. Iowa City , Iowa 52240 You are further notified that unless, within 20 days after service of this original notice upon you, you serve, and within a reasonable time thereafter file a motion or answer, in the Iowa I istrict Court for Johnson County, at the courthouse in Iowa City , Iowa, judgment by default will be rendered against you for the relief demanded in the petition. EDW ' ' . STE ' (SEAL) (#411111 CLERK ei THE ABOVE S OU% Johnson County Courthouse If you require the assistance of auxiliary aids Iowa City Jowa 52240 or services to participate in court because of a disability, immediately call your district ADA coordinator at 319-398-3920. Ext. 200 (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942). NOTE:The attorney who is expected to represent the defendant should be promptly advised by defendant of the service of this notice. vibe Iowa State Bar Association 301 ORIGINAL NOTICE FOR PERSONAL SERVICE iI This Primino December,1991 Revised January.1991 • 97 JUL -9 A. 10: 7 IN THE IOWA DISTRICT COURT R JOHNSON COUNTY .D LLOYD HOSKINSON AND 1011,,'4 C l)f Y, f Q4`fA f MRS. DARLENE HOSKINSON, ) ! G Plaintiffs, ) co v. ) PETITION AT LAW) THE CITY OF IOWA CITY, ) v Defendant. ) COUNT I COME NOW the above-named Plaintiffs and for claim against the Defendant states as follows: 1. That on February 20, 1997 , the Plaintiff, Lloyd Hoskinson, was a pedestrian walking on the walkway of City Park of Iowa City adjacent to and on the west side of the Iowa River and in the near vicinity of baseball diamond #6, and at which time he slipped and fell and severely injured himself. • 2 . Defendant is a municipal corporation which owns, built, maintains and controls the aforesaid walkway, and invited the public, including the Plaintiff to walk on, and at all times had the duty to provide a reasonably safe condition of the walkway. 3 . That the Defendant was negligent in: a. building and maintaining a hazardous and dangerous place and condition; b. In failing to clear the walkway, free of ice; c. In permitting water to pool on the walkway surface and form into slick ice; d. In failing to cover the slippery surface of the ice with salt, sand or other traction agent; e. In failing to build and maintain the walkway so as to promote drainage and avoid pooling of water to form slick ice on the surface; f. In failing to design, build and maintain the walkway with a slip resistant optimum traction surface; g. In failing to provide any notice whatsoever of the hazard of the icy walkway. 4 . That the aforesaid negligence was the direct and proximate cause of the Plaintiff ' s injury and damages, including: a. Major health care expenses, past and future; b. Personal injury of a closed head injury with resulting deficit of impaired eyesight, taste, smell, hearing, balance and equilibrium and neuropathy secondary to the head injury; c. Orthopedic injury, past and future; d. Loss of physical, mental and psychological and emotional faculties, past and future; e. Loss of enjoyment of life and earning capacity. 5. That this claim involves an action for more than the jurisdictional amount. WHEREFORE, your Plaintiff prays for damages sufficient to fairly compensate him for the personal injury, together with interest and costs of this action. COUNT II COMES NOW the above-named Plaintiff, Mrs. Darlene Hoskinson, for claim against the City of Iowa City and states: 1. Plaintiff incorporates the allegations of Count I herein by reference. VMO .A.13 VMOI ‘p-1,17-) , I^ 2 . That the Plaintiff at all times material hereto was the L ( :010 6' TIP L6 spouse of the injured Lloyd Hoskinson. 3 . That the Plaintiff, Mrs. Darlene Hoskinson, has suffered loss of society, comfort, support, enjoyment of life and consortium of her husband. WHEREFORE, the Plaintiff, Mrs. Lloyd Hoskinson, prays for compensation for her injury and loss, together with interest thereon and costs of is action DATED this $ day o _ , 1997 . 411li04y AW„ wpfk Jo " . ola 22 East Court Street Iowa Ci y, Iowa 52240 319-35. -0222 ATTi1 EY FOR PLAINTIFFS tri CD C t ni .r__.7 to rn IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY LLOYD HOSKINSON AND MRS. DARLENE HOSKINSON, ) Law No. ` l -1\ ) !. v Plaintiffs, ) o' v. ) DEMAND FOR JURY TRIXL THE CITY OF IOWA CITY, ) Defendant. ) r: �f COME NOW the above-named Plaintiffs and demand trial by jury in the above-captioned matter. DATED this 110 day of i1 , 1997 . rt-÷41 Ai John o an 22 East ourt Stree Iowa C . y, Iowa 52241 319-351-0222 ATTORNEY FOR PLAINTIFFS -I Q c- .: r 0 4C. Irn END OF CASE FILE IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY TERRY P. HUFF, ) NOLAN J. WRIGHT AND ) JOYCELYN V. WRIGHT ) 564-60-3710, ) EQUITY NO. : GUO ZI�cj PLAINTIFFS, ) ORIGINAL NOTICE vs. ) co IOWA CITY BOARD OF REVIEW AND ) — CITY OF IOWA CITY, IOWA, ) n DEFENDANTS. ) o r -13 �6 r' * * * * * O 77) ' y TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that there is now on file in the office of the Clerk of the above Court, a Petition in the above- entitled action, a copy of which Petition is attached hereto. The Plaintiff' s attorney is Kandie K. Briscoe, whose address is 920 S. Dubuque Street, P.O. Box 2000, Iowa City, Iowa 52244 . You are further notified that unless you appear thereto and defend in the Iowa District Court for Johnson County, Iowa, at the county courthouse in Iowa City, Iowa, within twenty days after the service of this Original Notice upon you, judgment by default will be rendered against you for the relief demanded in the Petition. (Seal) 4 A /k.s►:� u CLERfgrl'IHE ABOVE COURT Johnson County Courthouse Iowa City, Iowa NOTE: Persons named as Defendants are told to "appear thereto and defend. " These words are not always understood. The required appearance may be made either by the Defendants or by Defendants' attorney. IT IS NECESSARY TO SERVE AND FILE A SPECIAL APPEARANCE, MOTION OR PLEADING TO PREVENT A DEFAULT (Rule 87) . The attorney who is expected to appear for the Defendants should be promptly advised by Defendants of the service of this notice. If you require the assistance of auxiliary aids or services to participate in Court because of a disability, immediately contact your district ADA coordinator at 515-286-3394 (if you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942) . kb6\v72b4421 • IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY UD TERRY P. HUFF, ) CD c�-_- NOLAN J. WRIGHT AND ) ,,.1 JOYCELYN V. WRIGHT ) o 564-60-3710, ) EQUITY NO. Pi(1(1IDSS7.0+� �. ``r ; ` .1 PLAINTIFFS, PETITION vs. ) G' IOWA CITY BOARD OF REVIEW AND ) CITY OF IOWA CITY, IOWA, ) _- crDEFENDANTS. ) : „ _ ,_ 4 ;� U r, COMES NOW, the undersigned attorney for the Plaintiffs r:' -- Terry Terry P. Huff, Nolan J. Wright and Joycelyn V. Wright, and for their cause of action against the Defendants Iowa City Board of Review and the City of Iowa City, Iowa, hereby state as follows: 1. Plaintiffs are individuals owning the real estate located in Johnson County, Iowa, at issue herein. 2 . Defendant Iowa City Board of Review is a governmental body organized pursuant to Iowa Code Section 441. 31 and is a part of the city government of Iowa City, Iowa. 3 . The City of Iowa City, Iowa is an Iowa municipal corpo- ration located in Johnson County, Iowa. 4 . On or about April 4 , 1997 , the Iowa City Assessor en- tered an assessment for the property owned by the Plaintiffs located at 1000 Oakcrest Avenue, Iowa City, Johnson County, Iowa. The assessment was as follows: • -2- parcel i Assessed Valle 56703007 $1, 653 , 450 5. Pursuant to Section 441. 37 of the Iowa Code, the Plain- tiffs protested the assessment to the Iowa City Board of Review. A copy of the Petition to the Board of Review is attached hereto as Exhibit "A" and is by this reference made a part hereof. 6. On May 29 , 1997 , the Board of Review issued a decision reducing the assessment from $1, 653 , 450 to $1, 629 , 440 . 7 . Plaintiffs contend the Board of Review erred in its decision and that the assessment should have been reduced from the above to $1, 550, 000, which is the actual and fair market value of the property. 8 . Plaintiffs have prepared and served a Notice of Appeal of the decision of the Board of Review on the Clerk of the Board of Review, Bud Louis, within twenty (20) days of the decision of the Board of Review in accordance with Section 441. 38 of the Code of Iowa. The Notice of Appeal is attached hereto as Exhibit "B" along with its attachments. Exhibit "B" and its attachments are by this reference made a part hereof. WHEREFORE, Plaintiffs request that the Court hear an appeal of this case and reduce the assessment to the actual and fair value of the property, which is $1, 550 , 000 and grant any additional and other relief as may be just and equitable under , the premises. C - N -te• 0 '4,240 4,f -OcD 1-T .. r i N -3- BARKER, CRUISE, KENNEDY & ANDERSON, L.L.P. BY: o" 1 Ka die K. Bris e 000015044 920 S. Dubuque Street P.O. Box 2000 Iowa City, IA 52244 (319) 351-8181 Attorney for Plaintiffs kb6\v72b4422 C.— , . N a,� v f N — PAGE hL,;11i'LU orzcLVl► N_ • liar olar Sceetolt R �'• 9a� Clutplcr bll,Code of lawn Office plo. t 2 1727 ---- • Dated: '19 2• Kll U Y ASSESSOR •• of Iowa City,Iowa: ceLyn Wright,tasc • and tie Len J. Nrie,ltt and Joy Terry V. Iluff: Itadlvidually' (or aggrieved taxpayer) To the lluttornb[e Ilut.t-tl of Review of the Cityn C� 92108 ant ot•ttcr 1 ailing nudge n as�5._luee1 Circle South San Die Sae attached CxhiUe offno%ving in: •bey the CollowiUg ticnca•ibcd real knlalc niLuntctl in Lhk Cily oC Iowp City,Iowa,Ln wit: which vizor AUURESS IS IC1v0WI l AS(rROPERTY ADDRESS): 1000 0,ikcres t, Lo ma City, Iowa mid nn .1,6_5...3-,12-19-,—yfor the following to the nae aa• able for A D1U S nl of .iO Utcrrmt,bolls gaucr97 outlitt Lhc sum o(,Stt.t rby rc'tpkcl(ully oblkCt to L tc nsncaa• sucht la1, 10 tttkttt mode nCniuol anid real,:Stalk a of tithe ground of i;roundn that do n„t apply) in the City. (Smote out the( ' n cacnLnlivc number of coag+aroblc properlieo,uol leas than five if 1, vaid nncc�rmcnt is not cq uilablc an campnred with the nancnauwnLn of ether like properly elaocosed at (Give legal in in. olve tt and acacoautrnl of rel '• $ 1 real calale in involved') 1995 assessment _ -�� Iowa City ( S��• 1006 0-W enu•=�� co��cr+ ufocnaUoa �j C__ bill su ,Leman, ith additional ��-- S '� � u s� a ar • — S CD ems a ...� a 4 in[Ls nclunl value and io a fair noacnka+eclt�t .-. •rid properly is naecesed for court Wait the value authorized by law;that the amount of anid overnoncso- b.'to i a. p nen — c.'Ih is$ - ,V c.That aid properly in not noocoanblc,ie exempt from taco,or in utiachwoi(icd for the following rknn .0 d.That there in nu error in the aorcautnont se specifically staled,to•wil: c-That there in fraud in the nancseineUL nn npecified ltcrewith: `lawn)here ban bet •n n change downward its the vnluo niece the lest ensenoment,te.wit(Section 4.11.36,Coda of lawn): prays tThal the nnacneutkttt ngt+inns acid runt vital.*be reduced to on WILL RLI'O[LL,the unt(crnignetl rcnpccl[ul1Y 1 y rt) is not osnt nnnblr.. amount that in fair,equitable,and jual,or cnncolled if properly Y An urns'tt' n t_-.ittcalcd: IBY ES f3M0 12espectfullyaubntitted, ['kr Uac of Board of Review Only Nolan J. tJright and Terry P. huff, Individually, Js•ySLLY v• tl „1tt,2,ya�uS 1235 Hotel CL�cle Sutitlt 1\tldreaa San Diego, CA •2108 Action takenCity,Stale,7•' Or by 411IffIJ'IV Aella.riml Award Above Newell Julttt 0. Cruise and MAII.C• t 4..SCONDENCE'11):_ I t Dale: p.0, aux 2e00 Iowa cit • 920 : Dubu•ue Se.. • (IC ncccnnar} nllttcltl:xhibile hereto nt:lliitg forth more specifically the rrottncl(n)of PtolcnL) (Continued on llcvt•.rnc Sitio) . EXHIBIT "A" Lot 7, Part 4, Terrace Hill, an Addition to the City of Iowa City as recorded in Plat Book 6, Page 80 of the Johnson County Recorder's Office, except the following described tract: Beginning at the Southeasterly corner of Lot 7, Part 4, Terrace Hill, an Addition to the City of Iowa City, as recorded in Plat Book 6, Page 80, of the Johnson County Recorder's Office; Thence N76"23'00"W, 443.37 feet to the Southwesterly corner of said Lot 7; Thence N18°52'03"E, 124.82 feet as recorded in Plat Book 14, Page 89, of the Johnson County Recorder's Office; Thence 688°14'37"E, 441.25 feet to the Easterly line of said Lot 7; Thence S13"35'07"W, 214.99 feet along said Easterly line to the Point of Beginning. Said tract of land containing 74,000 square feet more or less and is subject to easements and restrictions of record. kb6\r72b4132 uD CD L— ZECD CZ .71 O e " o zErx Sr • EXHIBIT PAGE rou i tytf. �cync?7_c' NOTICE OF A..1PET-J., o• _ l To: Bud Louis, Clerk Q=-=- "O l Iowa City Board of Review • Pursuant to Iowa Code Section 441. 38 , you are hereby 7161- Pied that Terry P. Huff, Nolan J. Wright and Joycelyn V. Wright hereby appeal to the Iowa District Court in and for Johnson County, Iowa, the decision of the Iowa City Board of Review dated May 29 , 1997 , with regard to the property located at 1000 Oakcrest Avenue in Iowa City, Johnson County, Iowa. A cony of the Decision of the Iowa City Board of Review is attached hereto as Exhibit "A" and is by this reference made a part hereof. DATED this day of �� , ,997 . BARKER, CRUISE, KENNEDY & ANDERSON, L. L.P. BY: 0_c'e K'dndie K. Br' scoe 0000015044 920 S . Dubuque Street P.O. Box 2000 Iowa City, IA 52244 (319) 351-8181 CD Attorney for Terry P. Hufl.k_ c Nolan J. Wright and ;>= Joycelyn V. Wright c7 oN p� -acrei kb6\v72b4420 O ' N - EXHIBIT PAGE IOWA CITY BOARD OF REVIEW JOHNSON COUNTY ADMINISTRATION BUILDING 913 S DUBUQUE ST- POST OFFICE BOX 1350 - IOWA CITY,IOWA 52244 TELEPHONE: 319-356-6066 1997 BOARD OF REVIEW MEMBERS JANICE SWEET,CHAIRPERSON HAYWOOD BELLE ERNIE GALER KEITH WYMORE JACK YANAUSH May 29, 1997 John D. Cruise & Kandie K. Briscoe PO Box 2000 Iowa City IA 52244 Re: Petition n 42 Owners: Terry P. Huff Nolan J. &Joycelyn V. Wright The Iowa City Board of Review on May 23, 1997 has changed the 1997 assessment for property at: Parcel Address: 1000 Oakcrest Avenue Map;4 69BBBB-8 (C) From $1,653,450 to $1,629,440 The reason for this decision is as follows: The Board finds that the assessment is excessive,but based on new evidence and information furnished the assessor and Board, value is as stated above. The Board of Review has taken final action on your above property and adjourniyfay "n 23, 1997. Appeals to district court may be taken within twenty(20) days of May'3'1,• 1997, Section 441.38,The Code. J"" r -moo t, � Bud Louis Clerk,Iowa City Board of Review END OF CASE FILE THE IOWA STATE BAR ASSOCIATION WILLIAM L.MEARDON FOR THE LEGAL EFFECT OF THE USE OF ' Offici%I'Form No.009 ISBA#03619 Meardon, Sueppel, Downer&Hayes P.L.C. THIS FORM,CONSULT YOUR LAWYER • s"'Are ste _ Ap 'ys THE IOWA DISTRICT COURT SOCSAZ10 JOHNSON COUNTY IOWA CITY FLYING SERVICE, INC. LAW ® ' C�1 EQUITY ❑ No.LA 1 , �l Plaintiff( 1, VS. CITY OF IOWA CITY, IOWA; IOWA CITY AIRPORT COMMISSION; and JOHNSON kiD COUNTY, IOWA, ORIGINALLNOTIee Defendant(s). C: r.. . - n--' c ---i c+ � •I f r pit N TO THE ABOVE-NAMED DEFENDANT(S): '� (..0 You are hereby notified that there is now on file in the office of the clerk of the above court a petition in the above-entitled action, a copy of which petition is attached hereto. The names) and address(fot of the plaintiff's(g') attorney(s) is (are) William L. Meardon, Charles A. Meardon, Meardon, Sueppel , Downer & Hayes P.L.C. , 122 South Linn Street, Iowa City, Iowa . You are further notified that unless, within 20 days after service of this original notice upon you, you serve, and within a reasonable time thereafter file a motion or answer, in the Iowa District Court for Johnson County, at the courthouse in Iowa City , Iowa, judgment by default will be rendered against you for the relief demanded in the petition. L( l'euuire the assistance of auxiliary aids E l 1 RD F. STEOINBR- GH JereE6Vto participate in court because of a z' wir _ 1 ability, immediately call your district ADA '' -di,(f A c( rdinator at 319-398-3920. EXt. ZOO (If You CLERK �F THE ABOVE c• RT hearing impaired, call Relay Iowa TTY at :`0-735-2942 . Johnson County Courthouse Iowa City , Iowa 52240 NOTE:The attorney who is expected to represent the defendant should be promptly advised by defendant of the service of this notice. ©The Iowa State Bar Association 301 ORIGINAL NOTICE FOR PERSONAL SERVICE CALFS Release 3.0 6/94 Revised January, 1991 • yes • C•, C7- ra r IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY — `; Q IOWA CITY FLYING SERVICE, ) �q I INC. , ) LAW NO. L IW A Plaintiff, ) vs . ) PETITION AT LAW CITY OF IOWA CITY, IOWA; ) IOWA CITY AIRPORT COMMISSION; ) and JOHNSON COUNTY, IOWA, ) T o Defendant . ) I t~ 1 f Plaintiff states : v GENERAL ALLEGATIONS 1 . Plaintiff is a corporation organized and existing under the laws of the State of Iowa with a principal place of business in Iowa City, Johnson County, Iowa. 2 . Defendants are entities created and existing under the laws, rules and regulations of the State of Iowa. 3 . At all times material hereto Defendants maintained and operated an airport known and designated as the Iowa City Municipal Airport and have enacted ordinances, rules and regulations for the operation thereof . w 2 o c_ rte-' �..4 4 . Under the provisions of Iowa City Ordinance 7?i-2-2 Plaintiff is an airport-based tenant supplying aviation seiWices a to the public and is known as FBO (Fixed Base Operart'br) .w The lease agreement between Plaintiff and Defendant , Iowa city Airport Commission, is made a part hereof by this reference . Defendants have copies of said lease . 5 . On or about July 11, 1995 , an airplane owned and operated by the Plaintiff struck a depression in the runway at the Iowa City Municipal Airport while "taking off" on a flight to Springfield, Illinois, causing the nose gear to collapse, the nose section of the airplane to strike the runway and causing damage to both engines and the fuselage as well as other parts of the aircraft . 6 . As a result of the depression in the runway referred to above and the resulting damage to the airplane when the nose gear collapsed after striking said depression during take off, Plaintiff' s repair costs amount to Five Hundred Eighty-three Thousand Eighty-six Dollars and Fifty-four Cents ($583, 086 . 54) . 7 . Defendants jointly and severally have an obligation to maintain the Iowa City Municipal Airport including the runways and taxiways in a safe, proper and stable condition. 3 %o COUNT I - BREACH OF CONTRACT rc °'"14Plaintiff realleges paragraphs 1 through 7 above . ',,. c' -Gr -n w a 8 . The failure of the Defendants to properly Ealliat4in the runways of the Iowa City Municipal Airport constitutes a breach of Defendants' contract with the Plaintiff and a breach of their duty under the applicable federal and state law as well as the relevant ordinances of the Defendants . 9 . As a direct and proximate result of Defendants' breach of contract, Plaintiff has been damaged. 10 . Plaintiff' s damages exceed the jurisdictional amount set forth in Rule 3 , Iowa Rules of Appellate Procedure. By reason of the foregoing, Plaintiff asks for judgment against the Defendants and each of them in the amount Five Hundred Eighty-three Thousand Eighty-six Dollars and Fifty-four Cents ($583 , 086 . 54) together with interest as provided by law and the costs of this action. COUNT II - NEGLIGENCE Plaintiff realleges paragraphs 1 through 7 above . 11 . Defendants were negligent in their failure to maintain the runways at the Iowa City Municipal Airport . 12 . As a direct and proximate result of Defendants' negligence, Plaintiff has been damaged. • 4 13 . Plaintiff' s damages exceed the jurisdictional amount set forth in Rule 3 , Iowa Rules of Appellate Procedure . By reason of the foregoing, Plaintiff asks for judgment against the Defendants and each of them in the amount of Five Hundred Eighty-three Thousand Eighty-six Dollars and Fifty-four Cents ($583 , 086 . 54) together with interest as provided by law and the costs of this action. MEARDO , SUEP• ,) DOWNER & HAYES P.L. C. 4/1 BY -,i11,01 L. Meardon 000003619 r BY / � !Q• ,/, f/ u Charles A. Meardon 000009771 122 South Linn Street Iowa City, Iowa 52240 Telephone : 319/338-9222 ATTORNEYS FOR PLAINTIFF x;,01 kk ' '1`) '401 ta01 fl cL6 �� 2 END OF CASE FILE . ^ . -IC: zm rr IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSSI COZNTY N MARGARET MACDONALD, ) Plaintiff, ) vs . ) NOTICE OF APPEAL OF CITY OF IOWA CITY, IOWA, and ) CONDEMNATION AWARD JOHNSON COUNTY, IOWA, ) Defendants . ) TO: City of Iowa City, Iowa; Johnson County, Iowa; and Sheriff of Johnson County, Iowa YOU AND EACH OF YOU ARE HEREBY NOTIFIED that the above-named Plaintiff, Margaret MacDonald, does hereby appeal from the acts of the Compensation Commission and its report entered on April 8, 1997, including the amount of damages . A copy of the Notice of Appraisement of Damages is attached hereto as Exhibit "A" and by this reference made a part hereof . YOU AND EACH OF YOU ARE FURTHER HEREBY NOTIFIED that Plaintiff will file a petition as prescribed by the provisions of Iowa Code Chapter 613, and that this appeal is to the Iowa District Court in and for Johnson County and will come on for hearing pursuant to the rules prescribed by said District Court . CC : X71 dA PW e & • r • 2 Dated this 45 day of April, 1997 . MEARDON, SU •PE , DOWNER & HAYES P .L. C. r By i_,/,/, !. t14.%,/ ' 1I 1,-7 7 %fi ' - thi n 000003619 c--'c----Aiii1 4' B ' F #v At -w obert N. Downer 000001324 /t By 0q,c1tRed, Charles A. Meardon 000009771 122 South Linn Street Iowa City, Iowa 52240 Telephone : 319/338-9222 ATTORNEYS FOR PLAINTIFF ci xi. r: D= -=Er: v r i 0 0 In the Matter of the Condemnation ) c) N ... of Certain Rights in Land by the ) =-+�: City of Iowa City, Iowa, for a ) =err, Project Located in Johnson County, ) REPORT OF o o Iowa, Known as: ) COMPENSATION > c.,,, COMMISSION • N North Iowa River Corridor Sanitary ) Sewer Improvements Project ) Parcel No. -8 ) Margaret MacDonald ) O FT TO: Robert Carpenter, Sheriff of Johnson County, Iowa We, the undersigned, being duly appointed and qualified commissioners appointed to assess the damages sustained by the owners, lienholders, encumbrancers and other persons interested in the appropriation of certain specified rights as set forth and described in the Notice -of-Condemraatiort filed in the above-entitled matter respectfully report as follows: That we proceeded to view the respective premises at the time or times fixed in the notice to persons interested therein and do hereby assess and appraise the damages which the respective persons will sustain by reason of the appropriation as follows: Owner(s) names Condmnee's Consequential Total Award Atty's Fees Land & Damages and Costs Improvements 1nticDonc,l01 $ $ $ 3,Dc% $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ (Y1arcic;^o_t $ $ $ G��i $ (YltGIc ()Orta(a( EXHIBIT "A" • • - i Respectfully reported at Iowa City, Iowa, this r. day of /z__ ).-,-( , 1997. ,/ W Of/ 4/J i / it /0.//77 - . /ii-C Z • 4 ge__ _, / - C-1 ri 7/- ./z-..-, /G,I(-'----- I, the undersigned Sheriff of Johnson County, Iowa, do hereby endorse and certify to this the Report of Compensation Commission, and I do hereby further certify that the above amounts are legally payable to each claimant and that the claim is correct and just and thatpaymenthas not been received. Filed in my office at Iowa City, Iowa, this $44 slay of AprI , 1997. \=\ L.`__ s!,,,,41,. Ci.,v,r>,,-_,.1.,-__.", S ROBERT CARPENTER Sheriff of Johnson County, Iowa eleanor‘propacg1mcdonald1form.7 VD z.:...) b .7(1--- x. o T=- o t. w N END OF CASE FILE ' r IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY VEEONA J. MESA, ) Plaintiff ) LAW NO. LW vs vs. ) ) CITY OF IOWA CITY, A Municipal ) ORIGINAL NOTICE Corporation, and ) STATE OF IOWA. ) Defendants. ) c TO THE ABOVE-NAMED DEFENDANTS: __ N You are hereby notified that there is now on file in the office of the clerk of thg abo y i 7,73 court, a petition in the above-entitled action, a copy of which petition is attached hereto. The Petitioner's attorney is Patricia C. Kamath, whose address is 1486 South First Avenue, Suite C, Iowa City, Iowa. You are further notified that unless, within 20 days after service of this original notice upon you, you serve, and within a reasonable time thereafter file a motion or answer in the Iowa District Court for Johnson County, at the county courthouse in Iowa City, Iowa,judgment by default will be rendered against you for the relief demanded in the petition. If you require the assistance of auxiliary aids or services to participate in court because of disability, immediately call your district ADA coordinator at 319-398-3920 ext. 200 (If you are hearing unpaired, call Relay Iowa TTY at 1-800-735-2942) LIIWMRL) F. SIddNBRECH CLERK OF THE JOHNSON COUNTY COURT JOHNSON COUNTY COURTHOUSE Iowa City, Iowa 52240 BY: sirf Noter The attorney who ie expected to represent the Respondent should be promptly advised by Respondent of the service of this notice. IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY VEEONA J. MESA SS# 479-62-8049 No. L6%L)D5g2)24- Plaintiff * PETITION AT LAW VS ,P CITY OF IOWA CITY, IOWA, `G,, a MUNICIPAL CORPORATION, * o` "k' •V cc\ and STATE OF IOWA ",,. Defendant. * %j' ''%',%) PREAMBLE • ••f! "(5‘ COMES NOW the Plaintiff and states: I. Plaintiff is a resident of Johnson County, Iowa. 2. Defendant City of Iowa City, Iowa is a municipal corporation of the State of Iowa. 3. Defendant State of Iowa is a landowner of property described as: :=<-; c C7 Lots 3-8 in Block 17, in the County Seat Addition to Iowa City, according to the recorded plat thereof. r lir. 4. The right of way owned by the City of Iowa City for street purposes al f theca westerly line of Block 17 which block(or all relevant parts thereof) is owned by the Defendant State of Iowa. 5. Municipal ordinances of the Defendant City require that a sidewalk be maintained along the city streets, and a sidewalk runs in a north-south direction along the westerly line of Lot 17. The sidewalk lies either on the land owed by the City of Iowa City and must be maintained and repaired by it; or by city ordinance must be maintained or repaired by the Defendant State of Iowa, or lies on the land owned by the Defendant State of Iowa and must be maintained or repaired by it. 6. On June 21, 1995, the sidewalk was in disrepair, with cracks in the concrete, grass growing up between sections of concrete, and the walkway was not level where two pieces of concrete lay at separate elevations. 7. The broken concrete, unstable pieces of concrete, grass growing in cracks of the concrete walkway created a hazard to the Plaintiff as she walked on the sidewalk. 8. The plaintiff accompanied by a friend, walked down the sidewalk into the middle of the block where she stepped on a broken piece of sidewalk, turned her ankle, lost her balance, and fell. Plaintiff fell on her left wrist, causing both bones in her forearm to break in the wrist area; she also suffered numerous scrapes and contusions from the fall. 9. Plaintiff was then transported by ambulance to the hospital where she received medical treatment. As a result of the fall, Plaintiff suffered pain and suffering incurred medical costs and expenses, and suffered loss of earnings and enjoyment of life. These injuries are,0 permanent in nature and have contributed to other physical injuries Plaintiff has suffered c C7-r. N r..� thereafter. �'- -rr- COUNT I o r�~ 10. The City of Iowa City was responsible for the maintenance and care of the p4lic sidewalk and was negligent and careless in the following manner: A. It failed to properly design, construct or erect the sidewalks at the aforesaid location; and/or B. It failed to properly inspect its sidewalks and thereby failed to discover and repair defects in the sidewalk, which presented a hazard to the public generally and to the Plaintiff, Veeona J. Mesa, specifically and which defects were in existence for such a period of time that they would have been discovered and repaired by the exercise of reasonable care, and/or C. It failed to warn the public generally and the Plaintiff, Veeona J. Mesa, specifically of any defects in the sidewalk, and/or D. It failed to properly maintain and adequately repair said sidewalk and allowed the same to fall into a state of disrepair, all to the harm of the Plaintiff Veeona J. Mesa. E. It failed to require the State of Iowa to properly maintain and repair the sidewalk running north and south on the westerly side of Block 17, County Seat Addition to the City of Iowa City. 11. As a direct and proximate result of the negligence of the Defendant, City of Iowa City, a municipality, the Plaintiff Veeona J. Mesa, was injured in and about her body and extremities, experienced pain and suffering, incurred medical costs and expenses, maintenance expenses, suffered a loss of earned income, loss of her working ability and wages, and enjoyment of life, and these injuries were permanent in nature and will continue in the future. WHEREFORE, the Plaintiff Veeona J. Mesa, pray for damages against the Defendant City of Iowa City, a municipality in an amount which will compensate her for her injuries31us court costs, and such other relief as the Court deems appropriate.. Ammo COUNT II -71 Plaintiff restates the allegations of the preamble and for cause of action aga €.the State � of Iowa states: 1. Plaintiff has provided notice of her claim to the State Appeal Board as required by Iowa Code Chapter 25A, said notice being mailed on June 20, 1997. 2. Defendant State of Iowa has owned the relevant part of the westerly half of Block 17, County Seat Addition to Iowa City since 1980; said property was purchased for the use of the State University of Iowa. 3. As abutting property owner to the sidewalk, the State is required to maintain, repair, inspect said sidewalk and warn pedestrians of defects, broken or cracked areas. 4. The State of Iowa failed to construct and/or maintain said sidewalk in a safe condition, and to repair it when cracked or broken concrete appeared, and grass and weeds grew up between the cracks. 5. The State of Iowa failed to warn pedestrians in general, and Plaintiff Veeona J. Mesa in particular, about the hazards of the walkway due to the disrepair of the concrete. 6. The Defendant State of Iowa failed to inspect the sidewalk on a reasonable schedule of inspection, by which it would have discovered the broken and cracked concrete, the uneven walkway, and the grass an weeds growing up in between the cracks of the broken sidewalk. 7. As a direct and proximate result of the negligence of the Defendant State of Iowa, Plaintiff was injured in and about her body and extremities, experienced pain and suffering, incurred medical costs and expenses, maintenance expenses, suffered a loss of earned income, loss of enjoyment of life, and these injuries are permanent in nature and will continue in the future. WHEREFORE, the undersigned Plaintiff demands damages of the Defendant in an amount which will adequately compensate her for her injuries and losses, for the costs_of this: o action and for such other relief as the court shall deem appropriate. Dated this 23rd day of June, 1997. �— �; _. 71 rr i yr PATRICIA C. KAMATH, 00002737 1486 South First Avenue, Suite C Iowa City, Iowa 52240-6038 (319) 338-5454 ATTORNEY FOR PLAINTIFF • . IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY VEEONA J. MESA SS#479-62-8049 * No. Plaintiff * VS * JURY DEMAND CITY OF IOWA CITY, IOWA, a MUNICIPAL CORPORATION, and STATE OF IOWA Defendant. COMES NOW the Plaintiff and demands trial by jury on the issues herein presented. Dated this 23rd day of June, 1997. PATRICIA C. KAMATH, 00002737 1486 South First Avenue, Suite C Iowa City, Iowa 52240-6038 (319) 338-5454 ATTORNEY FOR PLAINTIFF v 1aC_ = tee, r- • • IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY VEEONA J. MESA * SS# 479-62-8049 * No. LAIa CO 0 556 �'�I `2_, „c\, Plaintiff G VS * r•` : v' �'�\. * JURY DEMAND �� p CITY OF IOWA CITY IOWA, * ' a MUNICIPAL CORPORATION, and STATE OF IOWA * =,'� `S Defendant. COMES NOW the Plaintiff and demands trial by jury on the issues herein presented. Dated this 23rd day of June, 1997. RICIA C. KAMATH, 00002737 1486 South First Avenue, Suite C Iowa City, Iowa 52240-6038 (319) 338-5454 ATTORNEY FOR PLAINTIFF c raw CA) END OF CASE FILE IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY CATHERINE PFAB. ) Plaintiff, ) , rC6-7p�.5 Law No. �— V D vs. ) ) ORIGINAL NOTICE r- CITY OF IOWA CITY, ) ) n • Defendant. ) = r- -, Q Z7 TO THE ABOVE-NAMED DEFENDANT: You are hereby notified that there is now on file in the office of the clerk of the above court a petition in the above-entitled action, a copy of which petition is attached hereto. The name and address of Plaintiff's attorney is Marc B. Moen, Suite 300 Brewery Square, 123 N. Linn Street, Iowa City, Iowa 52245. You are further notified that unless, within 20 days after service of this original notice upon you, you serve, and within a reasonable time thereafter file a motion or answer, in the Iowa District Court for Johnson County, at the courthouse in Iowa City, Iowa,judgment by default will be rendered against you for the relief demanded in the petition. EDWARD F. STEINBRECH (ar14-1/ iiiirt4vhoteidA .4954A-ct CLERK OF THE ABOVE COURT Johnson County Courthouse Iowa City, Iowa 52240 NOTE: The attorney who is expected to represent the defendant should be promptly advised by defendant of the service of this notice. It you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at 319-398-3920. Ext. 200 (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942). IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY CATHERINE PFAB. ) Plaintiff, ) L11C 05'7 50 Law No. !! vs. ) ) PETITION AT LAW 5-''.. V !i- -" 4 CITY OF IOWA CITY, ) � s .-.-ti - : • • Defendant. ) '—) ^tel; C.; • ,� COMES NOW Plaintiff and for cause of action against Defendant states: 1. Defendant City of Iowa City, Iowa (hereinafter "City") is a municipal corporation. 2. On or about March 19, 1995, Plaintiff was walking on the sidewalk on the east side of Van Buren Street in Iowa City, Johnson County, Iowa. 3. Defendant City was at all times material hereto responsible for the care, supervision and control of the sidewalks on Van Buren Street at the location of the above-described incident and had the duty to keep said sidewalks open, in repair and free from nuisance. 4. At the aforesaid time and place, Plaintiff Catherine Pfab fell due to a defect in the sidewalk. 5. Defendant was negligent in one or more of the following particulars: a. failing to warn of the dangerous condition; b. failing to repair the defect; c. failing to take any reasonable means to alleviate the dangei co sr d. maintaining a dangerous place and condition; and ji r- m e. creating, maintaining and failing to abate a nuisance. o_7' ry - 2 - 6. Defendant's aforesaid negligence was a direct and proximate cause of injuries and damages to Plaintiff Catherine Pfab as follows: a. Past medical and health care expenses; b. Future medical and health care expenses; c. Loss of earnings in the past; d. Loss of future earning capacity; e. Loss of function of the mind and body to the present; f. Loss of function of the mind and body in the future; g. Physical and mental pain and suffering to the present including mental anguish and loss of enjoyment of life; and h. Physical and mental pain and suffering in the future including mental anguish and loss of enjoyment of life. WHEREFORE. Plaintiff Catherine Pfab prays for judgment against Defendant in an amount to be determined by a jury together with interest thereon, costs of this action and such other relief as the Court deems proper. 0 C") r*a r- -� n s - 3 - Respectfully . I : , AAik ARC '. EN JC0003724 • • 0 :rewery Square 123 North Linn Street Iowa City, Iowa 52245 319/351-3900; FAX: 319/354-0559 ATTORNEY FOR PLAINTIFF tO CD 701 • • IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY CATHERINE PFAB. ) ) Plaintiff. ) ) Law No. vs. ) ) JURY DEMAND CITY OF IOWA CITY, ) ) Defendant. ) COMES NOW the above-named Plaintiff and demands that the above-entitled cause of action be submitted for trial y jury. DATED this K/ day of ...e// , 1997. Respectfully 'orfs.. M C B. MOEN JC0003724 Suite 300 Brewery Square 123 North Linn Street Iowa City, Iowa 52245 319/351-3900; FAX: 319/354-0559 ATTORNEY FOR PLAINTIFF asp -11 *C% rrri c-y N --1 C.`_ -<r -� f ft% �C g END OF CASE FILE IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY JOHN R. SHEPHERD AND THE UNNAMED VICTIM'S OF THE ILLEGAL ACTIVITY OF THE BELOW NAMED DEFENDANT'S Plaintiffs LAW NO. vs. ROBERT CARPENTER (SHERIFF OF mac- JOHNSON COUNTY), JOHNSON �' M COUNTY OF SHERIFF'S DEPARTMENT, COUNTY OF JOHNSON IN THE STATE OF —=r " ' IOWA. GARY HUGHES (FORMER SHERIFFc�=. co 4 OF JOHNSON COUNTY) ROBERT DOLEZAL cn (SHERIFF'S DEPUTY OF JOHNSON COUNTY) C' J. PATRICK WHITE (JOHNSON COUNTY ATTORNEY) R.J. WINKELHAKE (ICPD POLICE CHIEF) MIKE BROTHERTON (ICPD) MATT JOHNSON (ICPD) JIM LIND (ICPD), DEB PETERSON (ICPD) )AFFIDAVIT SUPPORTING Defendant's )THE ABOVE CAPTIONED )CAUSE OF ACTION COMES now John Shepherd and hereby states the following. 1. John Shepherd is a Plaintiff in the above captioned cause of action. 2. John Shepherd believes the statements outlined in the attached cause of action are true, to his best knowledge and beliefs. 3. John Shepherd has made a diligent investigation to obtain the information outlined in this attached cause of action. 4. John Shepherd did observe the following criminal acts outlined in the attached cause of action. 5. John Shepherd states that the Plaintiffs in the attached cause of action are entitled to relief, which includes restraining the Defendants from continuing and perpetuating the criminal acts outlined in the attached cause of action. 6 John Shepherd states that the continuance of the actions by the Defendants would greatly continue to irreparably injure and procure suffering of the Plaintiffs outlined in the attached cause of action. VP- J• • 19repherd This instrument w�a4acknowledged before me this S'- ay of 199? Countyof �0�Yj5O1i / by �O�J h S�p My Commission will expire: //--,iQ 99 .(i/Cf /A-) Notary Publi r' ELLEN J. BIGAWS /(-Y ION EELIRE ,.� /- 9/ VM3I • O' os viv kOi L6 r 6a IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY JOHN R. SHEPHERD AND THE UNNAMED VICTIM' S OF THE ILLEGAL ACTIVITY OF THE BELOW NAMED DEFENDANT' S Plaintiff ' s LAW NO. vs . PETITION AT LAW ROBERT CARPENTER (SHERIFF OF ANDLICATION DISCOVERYOR OFIEVIDENCEN JOHNSON COUNTY) , JOHNSON COUNTY SHERIFFS ' S DEPARTMENT, COUNTY OF JOHNSON IN THE STATE IOWA. GARY HUGHES (FORMER SHERIFF OF JOHNSON COUNTY) ROBERT DOLEZAL (SHERIFF' S DEPUTY OF JOHNSON COUNTY) J. PATRICK WHITE (JOHNSON COUNTY ATTORNEY) R. J. WINKELHAKE (ICPD POLICE CHIEF) Es MIKE BROTHERTON (ICPD) -*- DEB PETERSON (ICPD) >2' 3" 2>27 -c MATT JOHNSON (ICPD) I tz" JIM LIND (ICPD) asp '<i A Ud f i Defendant ' s cn TO: Matt Johnson Civic Center Iowa City, Ia. 52240 . Now on this day of , 1997 . the court having received a petition for Injunction and Discovery of evidence, and being advised in premises. It IS HEREBY ORDERED THAT said petition is set for hearing in a courtroom of Johnson County courthouse, Iowa City, Iowa. on the day of , 1997 , said hearing to commence at Notice of this hearing shall be by service with Original Notice. JUDGE, SIXTH JUDICIAL DISTRICT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY JOHN R. SHEPHERD AND THE UNNAMED VICTIM' S OF THE ILLEGAL ACTIVITY kJ, OF THE BELOW NAMED DEFENDANT ' S o v `71 D. Plaintiff ' s LAW NO. CI co C Co : tea 3> c.n vs . PETITION AT LAW APPLICATION FOR INJUNCTION ROBERT CARPENTER (SHERIFF OF AND DISCOVERY OF EVIDENCE JOHNSON COUNTY) , JOHNSON COUNTY SHERIFFS ' S DEPARTMENT, COUNTY OF JOHNSON IN THE STATE IOWA. GARY HUGHES (FORMER SHERIFF OF JOHNSON COUNTY) ROBERT DOLEZAL (SHERIFF' S DEPUTY OF JOHNSON COUNTY) J. PATRICK WHITE (JOHNSON COUNTY ATTORNEY) R. J. WINKELHAKE (ICPD POLICE CHIEF) r - ,; ':,e of auxilinf- ; MIKE BROTHERTON (ICPD) .-� .. •n court 7 DEB PETERSON (ICPD) a �;�:•:.:•" • MATT JOHNSON (ICPD) ; �'� ; :! i Tali your i s-zric JIM LIND (ICPD) at 319-398-3920. Ext. 200 a Defendant ' s impaired, cai; Relay Iowa i at TO THE ABOVE NAMED DEFENDANT: You are hereby notified that there is now on file in the office of the clerk of the above court, a petition in the above entitled action, a copy of which petition is attached hereto. The plaintiff is John Shepherd, and the unnamed victim's of the illegal activity, of the below named named defendant's, whose address is 2044 Tanglewood, Iowa City, Iowa 52244 . You are further notified that unless, within 20 days after the service of this original notice upon you, you serve, and within a reasonable amount of time thereafter file, written motion or answer, in the Iowa District Court for Johnson County, at the county court house in Iowa City, Iowa, judgement by default will be rendered against you for the relief demanded in the petition. t i . F. STE �. CL RK 4F THE ABOV. COART JOHN:ON COUNTY COU 'T 'OUSE Iowa City, Iowa 52 . 0 Note: The attorney who is expected to represent the defendant should be promptly advised by the defendant of the service of this notice. IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY JOHN R. SHEPHERD AND THE UNNAMED VICTIM' S OF THE ILLEGAL ACTIVITY OF THE BELOW NAMED DEFENDANT' S Plaintiff ' s LAW NO. vs . PETITION AT LAW APPLICATION FOR INJUNCTION ROBERT CARPENTER (SHERIFF OF AND DISCOVERY OF EVIDENCE JOHNSON COUNTY) , JOHNSON COUNTY SHERIFFS ' S DEPARTMENT, COUNTY OF JOHNSON IN THE STATE IOWA. GARY HUGHES (FORMER SHERIFF OF JOHNSON COUNTY) ROBERT DOLEZALUD (SHERIFF ' S DEPUTY OF JOHNSON COUNTY) o - a J. PATRICK WHITE (JOHNSON COUNTY ATTORNEY) D T -' R. J. WINKELHAKE (ICPD POLICE CHIEF) c-2--4 Imo' MIKE BROTHERTON (ICPD) co c° DEB PETERSON (ICPD) _<P _ 771 MATT JOHNSON (ICPD) p�J JIM LIND (ICPD) ZE-. •• ut Defendant ' s INJUNCTION AND DISCOVERY OF EVIDENCE COME NOW the Plaintiffs and for their cause of action against the defendants state as follows : 1 . Plaintiff, JOHN R. SHEPHERD, was and is at all times hereafter mentioned, a resident of Johnson County, Iowa. 2 . Defendant, ROBERT CARPENTER, was and is the SHERIFF of JOHNSON COUNTY in the State of Iowa. and is a resident of Johnson County, Iowa . 3 . Defendant , JOHNSON COUNTY, in the State of Iowa . was and is a corporation incorporated under the laws of the State of Iowa . CD xm 4 . Defendant , GARY HUGHES, was and is at all tiffs -4 CO 4 hereafter mentioned, a resident of Johnson County, -Iowa. :(F a aag 5 . Defendant, ROBERT DOLEZAL, is a Detective and acSk r f '-a Deputy for Johnson County, Iowa. and at all times hereaaer mentioned a resident of Johnson County, Iowa . 6 . Defendant J. PATRICK WHITE is and has been duly elected to the service of Johnson County, as Johnson County Attorney, and was at all times hereafter mentioned, a resident of Johnson County, Iowa . 7 . Defendant ' s R. J. WINKELHAKE, MIKE BROTHERTON, DEB PETERSON, MATT JOHNSON, and JIM LIND, are all Iowa City, police officers and resident ' s of Johnson County. 8 . Gary Hughes did purchase "bugging devices" including but not limited to transceivers, transmitters, receivers, hidden video, telephone tapping, etc, for use in illegal activities by the Johnson County, Sheriff ' s Department . 9 . The above named Defendant ' s did conspire to install and or cover up the installation of "bugging devices" in and out of the State of Iowa . All of the installations did have some connection with the Plaintiff ' s either by family or friend affiliation. 10 . The above named Defendants did burglarize or conspire to burglarize, or conspire to have installed "bugging devices" without the consent of the owners, tenants and users of the property illegally, invaded. Including theft and or tampering with the Plaintiff ' s real and personal property. 11 . The above named Defendant ' s did conspire to cover up the invasion of privacy of the above named Plaintiff ' s . 12 . The Defendants did conspire the above named actions without due process of law and without warrants . 13 . The Defendant ' s should be directed to be restra-=i=rigid-< d from removing or conspiring to remove the above name". illegally installed devices, and be constrained fro'"t4 co 0r further burglaries and conspiracies, installation of further "bugging devices" . The Defendants should be constrained from further "harassment" of the plaintiff ' s, to and including the utilization of the ' bugging devices . 14 . The Defendant ' s should be directed to deliver to the Plaintiff ' s precise information as to the type and whereabouts of the above named devices, regardless of their location. This includes any device that would deprive the plaintiff ' s of their privacy. Whether or not Plaintiff ' s have moved from their homes or sold their property, either real or personal . Whether or not the "bugging devices" have been removed or not . This information should be compiled and brought to the injunction hearing. 15 . The Defendant ' s did engage in making false reports to law enforcement, the general public and the media, dispensing information they are bound by law not to reveal, obstruction of justice, felonious misconduct, general burglaries, transportation of felonious audio, and video, and transportation of and or marketing of a video where numerous, felonies are being perpetrated. This all has taken place with out the consent or knowledge of the victims ! The defendant ' s intend to perpetuate their criminal acts, tta and have acted as criminal sociopath ' s . The Defendae Q should be constrained from further criminal acts . 1 _._. ,coin 16 . Some of the Defendant ' s did use and conspire to:. t-il e " the illegal , "bugging devices" and their influence tei: 1aw. n enforcement to cover up, manipulate the public to harass, and terrorize, the plaintiff John Shepherd. John Shepherd did pose the greatest threat to exposing and criminally prosecuting the defendants for their actions . The Defendant ' s should be restrained from further criminal acts . 17 . On or about the late evening of July 8th, and the early morning of July, 9th 1995 . The Defendant ' s Robert Dolezal and Mike Brotherton did utilize the "bugging devices" to determine that Plaintiff John Shepherd was mentally, and physically exhausted and sleeping in his residence . Robert Dolezal and Mike Brotherton did then burglarize and illegally enter the Plaintiff John Shepherd' s residence through two locked doors and into the bedroom. The plaintiff John Shepherd recognized them and knew them to be two corrupt law enforcement officers that had been harassing him in the past . John Shepherd believed them to be armed! Dolezal and Brotherton did state they knew that John Shepherd did not have a gun! John Shepherd did believe that Dolezal had been attending what was referred to as a "we ruined John party" 1 1/2 block away. John Shepherd did protest and complain to law enforcement but as usual law enforcement covered up ! The Defendant ' s should be restrained from J cp further criminal acts and cover ups ! n E 18 . This is not about law enforcement, this is abo -c co r,• rr corruption, and a sickness in law enforcement . n• 71'1 CDX' co 0 19 . The Defendant ' s have continued to terrorize anc;harlgs, and conspire to harass, and intimidate the plaintiff ' s, in hopes that the plaintiff ' s will not file this action. 20 . The criminals outlined in this cause, that have purchased, installed, and conspired to install these "Bugging Devices" , have done so in such a manner, that adults can be viewed in the most intimate way' s, and also can view nude children. These described criminals have allowed any one with the provided receivers, knowledge, money, and skills to receive these transmission ' s . WHEREfORE, the Defendant ' s have stated that there is or was until recently an investigation pertaining to the plaintiff ' s (victims) , when in fact there was only a invasion of privacy, harassment, and terrorism. So as not to cause the plaintiff ' s further anguish the Plaintiff ' s ask the court to compel the Defendant ' s for immediate discloser. WHEREFORE, any attempts by the defendant ' s to remove or conspire to remove said devices will only result in further criminal acts . WHEREFORE, the Defendant ' s have admitted to the above wrongful and criminal acts and the Plaintiff ' s prays that the court grant a temporary, and permanent injunction to force the compliance of the above paragraph' s #13 , 14 , 15 , 16 and #17 in the Plaintiff ' s petition. So as to protect the public and serve justice where justice has been circumvented, the Plaintiff ' s ask the court to issue arrest warrants based upon the preponderance of evidence . /` % I? Jr/n S - . er: 2''44 Tanglewood Iowa City, Ia . 52245 VI 101 'x.11 V,4101 CS :8 WV 8- AVW L6 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY JOHN R. SHEPHERD AND THE UNNAMED VICTIM'S OF THE ILLEGAL ACTIVITY OF THE BELOW NAMED DEFENDANT'S Plaintiffs LAW NO. vs. PETITION AT LAW APPLICATION FOR INJUNCTION ROBERT CARPENTER (SHERIFF OF AND DISCOVERY OF EVIDENCE JOHNSON COUNTY), JOHNSON COUNTY OF SHERIFF'S DEPARTMENT, COUNTY OF JOHNSON IN THE STATE OF © v IOWA. GARY HUGHES (FORMER SHERIFF OF JOHNSON COUNTY) ROBERT DOLEZAL ` (SHERIFF'S DEPUTY OF JOHNSON COUNTY) —�r co • J. PATRICK WHITE (JOHNSON COUNTY ATTORNEY) = ;- R.J. WINKELHAKE (ICPD POLICE CHIEF) 0`3 cP MIKE BROTHERTON (ICPD) cry MATT JOHNSON (ICPD) ca JIM LIND (ICPD) PLAINTIFF'S FIRST SET Defendant's ) OF INTERROGATORIES PROPOUNDED TO DEFENDANT COMES NOW the Plaintiff in the above-captioned cause, and pursuant to Rule 126 of the Iowa Rules of Civil Procedure, hereby serves in said matter the following Interrogatories to be answered under oath by the Defendant, inasmuch as Answers to the said Interrogatories are • necessary to enable Plaintiff to adequately prepare for trial. These Interrogatories are to be continuing in character to the extent allowed by Rule 125 of the Iowa Rules of Civil Procedure. Where knowledge or information in the possession of the Defendant is requested, such request includes knowledge, unless privileged, of the Defendant's attorney. ,di/t t./ Instructions for Interrogatories: Answer these questiy based on first person information and reliable heresy. Interrogatory Number I: Please identify the individual answering these Interrogatories. Your current home address and telephone number, and current occupation and name and address of your employer. Answer: Interrogatory Number 2: State the names of each member, officer and employee of the Iowa City Police Department, in the State of Iowa. (Police Chief answer this interrogatory only) Answer: WM01 'AIM WIWI £S :9 la 8— OW L6 on cr,is 1111 Interrogatory Number 3: Referring to paragraphs in 8,9,10 and 14. State the precise address and precise location within those addresses in which the "bugging devices" are located. State type and description of each device. Answer: V g01 'h11 VM01 ,�_1? i •' SS :9 4V 8- aid L6 0 74 U �q Interrogatory Number 4 Produce copies of all of the owner's manuals for all of the "bugging devices" used by the defendants, in this cause. (This includes frequencies used, proper usage, and installation and photographed copy of each device.) Mark these copies EXHIBIT "A" and file them with the Clerk of Court for this cause. State whether you have done this, the Defendant, or person that you believe to have filed this document. Answer: Interrogatory Number 5: State each and every person or organization that you, or any person you know of that supplied the receivers for the "bugging devices". Answer: �t1�101 ,, 'OW W SS '8 ViV 8- °A L6 Interrogatory Number 6 State where the "bugging devices" were purchased. Answer: Interrogatory Number 7: © — State the approximate number of devices purchased. Answer: c7-<. , .i r. op COCn (✓7 Interrogatory Number 8: State the individual or organization that purchased the bugging devices. Answer: Interrogatory Number 9: State the individual or persons that installed the bugging devices. Answer: Interrogatory Number 10: State in each and every case how access was gained to properties, both real and personal, to install the bugging devices. Answer: rj sst8Wv 8- kVtiL6 Interrogatory Number II State each and every person in which a member of law enforcement had a interview or a discussion with any person who knew or had done business with the plaintiff's regardless if any of those persons are a plaintiff, in this case. Answer: 0 c D --c C� C l r 0 co 7:17 > Cil CST Interrogatory Number 12: State the reason you believe you cannot control the actions of your deputies, officers or any persons under your direction or supervision. Answer: Interrogatory Number 13: State the reason why you okayed any of the deputies or officers (including yourself), to ask the media and general public to harass any of the plaintiffs, in this case. Answer: Interrogatory Number 14: State the reason including the "bugging devices" receivers for audio, were installed in and around the properties. (This is referring to the operator's of the bugging devices being able to talk to any of the plaintiffs.) Answer: Interrogatory Number 15: State approximate installation date and the Iocation of each and every bugging device. Answer: Interrogatory Number 16: State each and every person, a member of law enforcement, that transported an audio or video tape and to whom it was given to. The tapes referred to are any tape were bugging devices were used, or any video tape recorded without the full knowledge of the person or persons being viewed. Answer: Interrogatory Number 17: State in each case any audio or video tape being marketed or conspired to be marketed by any individual that you believe or there is a possibility of a felony taking place on that video or audio tape or the sale of any video or audio where the bugging devices were used to make those audio/videos. Answer: `/MOI 'A1. 0 'Th\01 SS :8 WV 8- GVW L6 Interrogatory Number 18: State how each person was to lie or did cover up when any of the plaintiffs were to complain or inquire about the bugging devices installed in or on their properties. Answer: Interrogatory Number 19: State the medium in which each bugging device is transferred and to whom. Example; through radio waves, through the air, through the power grid system, or through the cable system, etc. Answer: 5S :9 w1 9- �,V� L6 Interrogatory Number 20: State how and who transfers the signals through the cable system to companies such as CNN. Example; ABC Company converts signal to a satellite up-link. Answer: Interrogatory Number 21: State how information, from law enforcement, false or otherwise, is or was transferred to the media concerning any of the plaintiffs, by any of the defendants. Answer: VMOI aikitOVPA01 \ i.! SS :8 WV 9— kVb1 1.6 Interrogatory Number 22: State the names of any of the plaintiffs, which information was given to the media, by any of the defendants. Answer: Interrogatory Number 23: State how the media was to keep information about the plaintiffs away from the plaintiffs, or how information was kept from the plaintiffs, by the media. Answer: Q,, ,�X01 g- Abd 1.-6 °f.1 V Interrogagry Number 24: State the names of any defendants, or members of any of the defendants, who stated to anyone, "the FBI is bugging them or him". Referring to the plaintiffs, and "anyone can pick it up". (Referring to the receiving of the bugging devices.) Answer: Interrogatory Number 25: State each and every person, any of the defendants or a member of law enforcement whom burglarized or entered or a member of law enforcement conspired to have any other person enter any of the plaintiff's properties. State the approximate dates and or time these properties were entered. Answer: g \ 9 9S �B b }8- L6 yxsme'"-1 ;41 ��J Ysr31 6 Interrogatory Number 26: State each and every person in which a key or access to any of the plaintiff's properties was given to. Answer: Interrogatory Number 27: State any personal property that was removed or gone through from any of the Plaintiff's properties. Answer: . 1. \-11%!\01 1 9 41 8 k Interrogatory Number 28: • State why members of law enforcement have engaged in criminal activities pertaining to the cause this cause of action.. Answer: Interrogatory Number 29: State the person or persons that hooked up or installed the telephone tapping in each case of the plaintiff's telephones. Answer: Interrogatory Number 30: State why you or any law enforcement person should not be subjected to the full penalties of the law that any other person should be. Answer: END OF CASE FILE