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IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY j t__..
..,_� P;; 2: 2
THOMAS L. JACOBS ) C,7 r' f 77--v
FRANCINE J. JACOBS, \
Plaintiffs, ) LAW NO. LACY01.0,k
)
) ORIGINAL NOTICE
)
THE CITY OF IOWA CII Y, A )
MUNICIPAL CORPORATION; ALBERT )
R. ANDERSON III AND LINDA M. ) sin "ter ^r i 0
ANDERSON, ) - court becai,
Defendants. ) p � �` }� call your district
ai 319-393-3020, Ext. 200 JP
impaired, call Relay Iowa IeE at
TO THE ABOVE-NAMED DEFENDANT(S): _ E4� _ 20�r2).
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 said Petition being attached hereto.
The Petitioner's attorney is Gregg Geerdes whose address is 609 Iowa State Bank& Trust
Building, 102 S Clinton Street, Iowa City, IA 52240.
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.
tODEMA BERKLEY
CLERK OF THE ABOVE COURT
Johnson County Courthouse, Iowa City, Iowa
DEPUTY CLERK
NOTE: The attorney who is expected to represent the Defendants should be promptly advised by
the Defendants of the service of this Notice.
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IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY 1 `L�-�`i"�
i -4 F;1 2: 2t+
THOMAS L. JACOBS ) C i._,I_` i-',K
FRANCINE J. JACOBS, ) -., ,O ,A
I
Plaintiffs, ) LAW NO.LtVO IX 330
vs. ) PETITION AND JURY DLND 1
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THE CITY OF IOWA CITY, A )
MUNICIPAL CORPORATION; ALBERT ) zni
-
R. ANDERSON III AND LINDA M. )
ANDERSON, )
) -' co
Defendants. )
For their cause of action Plaintiffs state:
Count One
1. Plaintiffs are the current titleholders of a single family residence located at 1132 Briar
Drive, Iowa City, Iowa, hereafter referred to as "The Property". Defendant Iowa City, Iowa is a
municipal corporation located in Johnson County, Iowa. Defendants Albert R. Anderson III and
Linda M. Anderson are believed to be residents of Iowa County, Iowa.
2. Plaintiffs purchased The Property on or about September 1, 1999 from Defendants
Albert R. Anderson III and Linda M. Anderson. Copies of the purchase agreement and
counter-offer which established the terms of this purchase are attached as Exhibit A.
3. In connection with the purchase and sale of The Property, Defendants Albert R.
Anderson III and Linda M. Anderson made certain false representations regarding water and
moisture in the basement of the home located on The Property and concerning the location and
construction of an addition to the residence and other improvements located on a portion of The
Property on which construction was prohibited, and/or failed to reveal similar latent defects
present in The Property. Plaintiffs relied on said conduct by these Defendants to their detriment,
and were damaged thereby. The terms of Exhibits C - E, attached, and the City of Iowa City's
stormwater management ordinance(s) are hereby referenced, all of which were intended to
benefit Plaintiffs.
4. Further, Defendants Albert R. Anderson III and Linda M. Anderson breached the
terms of Exhibit A by failing to reveal the presence of an adverse stormwater detention easement
and by conveying the property subject to this encumbrance, all of which caused damage to
Plaintiffs.
5. Further, Defendants Albert R. Anderson III and Linda M. Anderson failed to properly
disclose the defects referenced above on the disclosure statement which they provided Plaintiffs
pursuant to Code 558A. A copy of the disclosure given Plaintiffs is attached as Exhibit B. By so
doing,Defendants Albert R. Anderson III and Linda M. Anderson caused damage to Plaintiffs.
6. The damages caused to Plaintiffs exceed the jurisdictional minimum requirements of
this court.
7. Plaintiffs are further entitled to an award of attorney fees in this matter under the terms
of the contract in question and Iowa case law.
WHEREFORE, Plaintiffs demand joint and several judgment from Defendants Albert R.
Anderson III and Linda M. Anderson for their damages, for attorney fees, for interest as provided
by law, and for the costs of this action. C
Count Two
1 - 2. Paragraphs one and two of Count One are incorporated as paragraphs ne andUwo
of this Count Two.
3. Defendants Albert R. Anderson III and Linda M. Anderson constructed an addition to
the residence on the The Property and installed and constructed other improvements to The
Property within an area of The Property on which construction was prohibited. Reference is
hereby made to Exhibits C - E, attached, all of which were intended to run with the land and to
Plaintiffs benefit. Further reference is hereby made to the City of Iowa City's stormwater man-
agement ordinance.
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4. Albert R. Anderson III and Linda M. Anderson owed a duty of due care to avoid and
prevent construction on The Property which would be inconsistent with the stormwater manage-
ment easement, breached this duty, and thereby caused damage to Plaintiffs.
5. The damages suffered by Plaintiffs exceed the jurisdictional requirements of this
court.
6. Plaintiffs are further entitled to an award of attorney fees in this matter under the terms
of the contract in question and Iowa case law.
WHEREFORE, Plaintiffs demand joint and several judgment from Defendants Albert R.
Anderson III and Linda M. Anderson for their damages, for attorney fees, for interest as provided
by law, and for the costs of this action.
Count Three
}
1 - 3. Paragraphs one, two, and three of Count Two are incorporated as paragraphs one, -I
two and three of this Count Three. N.
4. The City of Iowa City is a municipal corporation which has enterei;into various
written agreements and contracts concerning the development of and construction on The
Property. Copies of said documents are attached as Exhibits C-1.
5. As part of the contracts and agreements described above, the City of Iowa City agreed
to prohibit the construction of improvements on the portion of The Property located within a
designated stormwater management easement area. This prohibition against building is further
reflected on the plat map attached as Exhibit D, and which was approved by the City of Iowa
City. Further reference is made to the City of Iowa City's stormwater management ordinance.
6. The contracts and agreements described above were intended to run with The Property
and the other land affected thereby and were intended to benefit the future owners of The
Property, including Plaintiffs.
7. The City of Iowa City breached the terms of these contracts and agreements by
granting a building permit and otherwise permitting the construction of a sizable addition to the
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residence at 1132 Briar Drive, which addition is located within the stormwater detention
easement area. A copy of the building permit issued by the City of Iowa City and the diagram
depicting the addition is attached as Exhibit E.
8. The damages suffered by Plaintiffs exceed the jurisdictional requirements of this
court.
9. Plaintiffs are further entitled to an award of attorney fees in this matter under the terms •
of the contracts and agreements in question and under Iowa case law.
WHEREFORE, Plaintiffs demand judgment from Defendants for their damages, for attgrney
fees, for interest as provided by law, and for the costs of this action. O
C7
Count Four
1 - 3. Paragraphs one, two, and three of Count Three are incorporated as pai graphs pie,
two, and three of this Count Four.
4. The City of Iowa City further owed a duty of due care to avoid and prevent
construction on The Property which would be inconsistent with the stormwater management
easement and to inspect construction projects to ensure compliance with the same, breached this
duty, and thereby caused damage to Plaintiffs. The City of Iowa City did so even though it had
control over the building process in question and nevertheless permitted the same to occur.
5. Further, the City of Iowa City failed to properly maintain the easement it was granted
and the stormwater management system it installed, all of which caused damage to Plaintiffs.
6. The damages suffered by Plaintiffs exceed the jurisdictional requirements of this
court.
7. Plaintiffs are further entitled to an award of attorney fees in this matter.
WHEREFORE, Plaintiffs.demand judgment from Defendants for their damages, for attorney
fees, for interest as provided by law, and for the costs of this action.
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Jury Demand
Plaintiffs demand trial by Jury for all issues triable by jury in this action.
Respectfully submitted,
BY:
GREGG GEERDES (479-70-0831)
609 Iowa State Bank& Trust Building
102 S Clinton Street
Iowa City,IA 52240
(319) 341-3304
ATTORNEY FOR PLAINTIFFS
OPomuUo.uhx-Pe�iionhN y Oemxnd y' t
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. 10"awl COUNTER OFFER =
This form approved by the Iowa City Area Association of REALTORS
Address of properly: 113� 15121/II`' 1 f; l e
.jam off 111jalf-
,
The Seller declines to accept the terms of the purchase agreement attached hereto; however, the undersigned submit to the
Buyer herein the following counter offer: /la 9Q, iTd , fbn ;W, ,.,n-1;9, /�n_
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1. Change of purchase price: f q/.1�, QU�7 '' CVNC'JnJI
`C Alb AD llop DA
2. Change of possession date: �- 3O, 4'9 "1 1 _ n19 62-41
3. Olherchang � !� n`"'l '(r t1 c14 1-41g3 I74�
4-ep37 ot/fl".v46,1.19y- 1' �uST b,194gr �rdl�fyfD��v13J�� 7D L�PPi2lYRi-
my c-ww-re Xi/
1,4 thAirti sinfes --I
®�Z _ eLbU ::1 ,36'?�' 1 ,..1 pos3A5rsncrnJ d Ct,O559
tau aap $ ( Axsr 13, 1859,3vr
skier zo, IQ99. 7
topvire, -0-icti,1
4. In all other respects not inconsistent with the terms of this counter-offer,the counter-offer Includes the same terms as set forth in
this purchase agreement as submitted by the Buyer.
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5. This counter-offer must be accepted by the Buyer, by indicating the Buyer's acceptance hereafter, no later than r-.)
I:OD o'clock(A.M.) 'l —m)on the 315- day of �V( . 19 teg . Q
In the event the counter'- r Is not Thus accepted,the counter-offer shall b null and void and any payments made herein shell be (Th r:."'
returned to the Buyer.If this counter-offer is accepted,the counter-offer shell become a binding contract for the sale and purchase :i 't:—.) f f
of the real property described In this counter-oiler and purchase agreement. I
DATED THIS �l day of �/V ,19 / _`) ��
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SELLER S.S.# a
1-cLd'••-- ii,—441-5974 .
SELLER S.S.#
This counter-offer and Its terms are accepted by the undersigned Buyer on this .
day of ,19 ,at o'clock(A.M.) (P.M.)
1 C � 1E ,yp,�y
BUYER S.S.N
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RESIDENTIAL REAL ESTATE PURCHASE AGREEMENT
This dorm approved by the Iowa City Area Association of REALTORS ,.„
REALTOR* •
e J Date of Agreement 33/ 19
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TO !►/'4 Lida. 4ndf✓S01i1 (SELLERS:
1. REAL ESTATE DESC RTION.The urqlersIgned BUYERS hereby offer to buy real estate In J 04,1P4.--r County,Iowa,locally known as:
/13) 8Tr a r -r/ '.C. AND FOLLOWING THE LEGAL DESCRIPTION CONTAINED IN THE TITLE DOCUMENT BY
WHICH THE SELLER RECEIVED TITLE TO THE PROPERTY,SUBJECT TO APPROVAL OF BUYER'S ATTORNEY,or described as follows:
with any easements and appurtenant servient estates,end subject to the following: (a)any zoning and other ordinances;(b)any covenants of record;(c)any easements of record for public
utilities,roads and highways;and(d) //CIA/CdtaW wz ,IFonsIdmlleke,other easements,Interests of others)designated the Real Estate; •
provided BUYERS,on possession,are permitted to make the following use of the Real Estele: la//1a''tq.(_/O/' / / /
2. PURCHAB PRICE.The Purc ase PLlge shall be S____6_440130 ,(ate., ktbidt•aC 'f'��7-c1
�ofA 80 Cr✓t' and the method of payment shall be s follows:$ //rot
with this oiler to be deposited upon acceptance of this offer,in the trust account of 4r w
to be delivered to the SELLERS upon performance of SELLERS'obligations and satletactiolf of BUYERS'continge ciao,It any,and the balance of the purchase price as designated below.
Select:(A)(B)and/or(C)or
A,h1(EW MORTGAGE:Circle: ON (FHA)or(VA)
This Agreement Is contingent uponBB YEAS obtaining a written commitment for a first r al estate mortgage for 5`) %of the purchase pgie with Interest on the promissory note
secured thereby of not more than '�S %amortized over a term of nol less then years,with a balloon due date of not less than Q years.BUYERS agree to pay
no more than O %for loan origination fees and points,end to pay In addition all other customary loan costs.BUYERS agree upon acceptance of this otter to Immediately make
application for such mortgage with a commercial mongege lender end to exercise good faith efforts to obtain a mortgage commitment es above provided.Upon receiving written loan commit.
meet,(supported by the lender's required appraisal),BUYERS shall release this con gency In wrging,If BUYERS(Wvnot obtained a written mortgage loan commitment containing the above
berme,or terms acceptable to BUYERS on or before the ZD day of LAI"I- 19`1V either SELLERS or BUYERS may declare this agreement nue and
void and all payments made hereunder shah be returned,BUYERS shell pay the balanc of the purchase price at the Time of the closing by combination of BUYERS'personal funds and the
net mortgage proceeds.
B.O CASH: BUYERS will pay the balance of the purchase price In cash at the lime of closing,This Agreement Is not contingent upon BUYERS obtaining such funds, U
c=s
C.O OTHER FINANCING TERMS: o"Cl t=
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ter- m
D.O U a Mortgage Assumption,installment contract Assumption,or Installment contract Sale,see attached addendum, _1"-Ft _,
3. POSSESSION.If BUYERS timely perform all obligations,possession for the Real f Real Estate shall be delivered to BUYERS on , ,1998 L7' =
with any adjustments of rent,laxee,Insurance,Interest,end other applicable matters to be made as of the date of transfer of possession.Closing of the transaction shell occur atter approval of
this and vacation of the premises by the SELLERS,in the condition ready for BUYERS'possession.Possession shall nor be delivered to the BUYERS until completion of the closing,Wnlch
Batt mean delivery to the BUYERS of all title transfer documents and receipt of the purchase price funds then due from BUYERS.If by mutual agreement the parties select a different
possession or closing data,they shall execute a separate agreement setting forth the terms thereof.
4. REAL ESTATE TAXES.SELLERS shall pay all real estate taxes which are due and payable and constitute a lien against the above described Reel Estate and any unpaid real estate taxes for
any prior years.Except for the tax proration hereinafter set forth,BUYERS shall pay all subsequent real estate laces.SELLERS shell also pay a prorated share of the reel estate taxes for the
Itscal year ending June 30,47coo ,and payable In the fiscal year commencing July fmf>T3.2oo,based upon one of the following formulas:Select(A) (B)or(C).
A.U Net lases payable In the current fiscal year in which possession is given to Buyers.(Do not select this allemattve H the current year's taxes are based upon a vacant lot or partial
construction assessment.) •
B.O Net taxes paid In the current fiscal veer of possession(plushnlnus) %thereof.
C.' 'An amount calculated based upon the assessed valuation,IeglalatNe tax rollback,and reel estate tax exemptions that will actually be applicable to and used for the calculation of laces
payable In the fiscal year commencing July If,at the time of closing,the tax rate is not candled,then the moat current,certified tax rate shall be used.
5. SPECIAL ASSESSMENTS.Select:(A)or(B)
A.17SELLERS shah pay all special assessments which area lien on the Real Estate es of the dale of closing.
B.O SELLERS shall pay all Installments of special assessments which area lien on the Real Estate and,a not paid,would become delinquent during the calendar year this offer is accepted,
and all prior installments thereof.All other special assessments shell be paid by BUYERS.
8. FIXTURES.All property that Integrally belongs to or Is part of the Real Estate,whether attached or detached,such as light fixtures,shades,rods,blinds,automatic garage door openers and
transmitter units,all drapery rods and curtain rods,awnings,windows,storm doors,screens,plumbing fixtures,water heaters,water softeners(unless water softener Is rental),automatic
heeling equipment,air conditioning equipment,walldo-wall carpeting,mirrors attached to walls or doors,fireplace screen end grate,attached barbecue grills,weather vane,at bull)in kitchen
appliances,b Ill- aein s and electrical service cable,outstdp lel: s.n towers •antenna,lancing,pales and landscaping shall be considered part of goal Estala nd also log the
lolbwing: ,q/t' . rzc o.-+ S' Y- 'see t•::- .• rut/ • tx.,darl 6604 ( auto/
The following hems shell be excluded:• . _ a -, . .. ,. i r • _ _ __ . :U
L fQ. . r qvr. css.»,�sf n ' (y., am -,♦
7. DEED.Upon payment of the purchase price, E'S she t convey the-eel Eslale to BUYERS or h:r assignees,•y._. ,. Deed,free and clear of all liens,restrictions,
end encumbrances except as provided in 1(a)through 1(d).Any general warranties of Ibis shall extend only to the lime of ecceptacc:.I this offer,with special warranties as to acts of
SELLERS continuing up to lime of delivery of the deed.
B. TIME IS OF THE ESSENCE.Time Is of the essence In this contract. •
9. CONDITION OF PROPERTY.
A.The property as of the data of this Agreement Including buildings,grounds,and all Improvements will be preserved by the SELLERS In he present condition until possession,ordinary wear
and leer excepted.The SELLERS warrent that the heeling,electrical,plumbing,and air conditioning systems end all Included appliances will whether alibied Inspection est forth hereinafter
or not,be In good working order end condition as of the dale of delivery of possession.The BUYERS shell be permitted access to the property prior to possession or closing,whichever is
sooner,In order to determine that there has been no change In the condition of the property and Thal II le reedy for BUYERS'poesesslon.
S.The BUYERS must choose one of the following alternatives relative to the condition and qualify of the property:
1) ]Within /0 calendar days after the acceptance dale,the Buyers may,at their sole expense,have the property Inspected bye person or persona 01 their choice.The inspection
shall cover the MAJOR_QOMPONENTS of the Real Estate:central heeling system,central cooling system,plumbing system,electrical system,roof,walls,ceiling,Inundation and base.
mend,If any.Wein_5 calendar days after completion of the Inspection period,the BUYERS must notify in writing the SELLERS'Selling Agent,as shown herein,of any major defi-
ciencies,The nolhlcallon must be accompanied bye copy of the wrinen inspection report and by a written estimate from a qualified contractor for the cost of repair of ouch deficiency.IN
THE ABSENCE OF WRITTEN NOTICE OF ANY DEFICIENCY FROM BUYER,WITHIN THE TIME SPECIFIED HEREIN,THIS PROVISION SHALL BE DEEMED WAIVED BY PARTIES
AND THIS CONTRACT SHALL REMAIN IN FULL FORCE AND EFFECT.The SELLERS shall,within Five(5)calender days after receipt of BUYERS'notification,rattly the BUYERS In
wrhing of what steps,d any,the SELLERS will lake to correct Such dellclency before closing.The BUYERS Shall,within Flve(6)calender days alter receipt of the SELLERS'nollficallon,
notify In writing the SELLERS'Selling Agent that,(1)such steps are acceptable,In which case this Agreement,as so modified shalt be binding upon all parties;or(2)Ilial such steps are
not acceptable,in which case this Agreement shall be null and void,end any earnest money shell be relumed to BUYERS. .
2)O BUYERS acknowledge that they have bean advised of their right of property inspection and have declined to make said Inspection.
10. WOOD DESTROYING INSECT INSPECTION.Select(A)or(B)
AlAWrhin _calendar days after the final acceptance dale of this Offer,BUYERS may,al BUYERS'expense have the properly Inspected for termites or other wood destroying Insects
by a licensed Pest Inspector.If active Infestation or damage due Is prior infestation Is discovered,SELLERS shell have the option of either having the property treated for Infestation by tr/3)
a licensed pest Exterminator and having any damage repaired to the BUYER'S satisfaction,or declaring Ihis Agreement void.This provision shall not apply to fences,trees,shrubs,or
outbuildings other than garages.BUYERS may accept lite propedy,ln is existing condition without such treatment or repaIrs.
B)CI BUYERS acknowledge that they have been advised of their right of a pest Inspection and have declined to make said Inspection unless required by lending institutional which time said
inspection would beat Buyer's expense and the Buyer will have the same rights as under paragraph 10A If active Infestation or damage due to prior Infestation Is discovered.
11. INSURANCE.SELLERS shall bear the risk of loss or damage to the properly prior to closing or possession,whichever first occurs.SELLERS agree to maintain existing Insurance end
BUYERS may purchase additional Insurance.In the event of substantial damage or destruction prior to closing,this agreement shall be null and void,unless otherwise agreed by the',lee.
The property shall be deemed substantially damaged or destroyed H It cannot be restored to Its present condition on or before the closing dale;provided,however.BUYERS shall howl'the
option to complete the closing and receive Insurance proceeds regardless of the extent of damages.
12. USE OF PURCHASE PRICE.Al time of settlement,funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding Interests,deny,of others.
13. ABSTRACT AND TITLE.SELLERS,at tab expense,shall promptly obtain an abstract of title to the Real Estate continued through the data of acceptance of this ober,end deliver d to
BUYERS for examination.fl shall show merchantable ISIe In SELLERS names In conformity with this agreement,lows law,and The Standards of the Iowa State Bar Association.The abstract
shall become the property of the BUYERS when the purchase price is paid In rub.SELLERS shall pay the coals of any additional abstracting end title work due to any act or omission of
SELLERS,including transfers by or the death of SELLERS or their assignees.it,at the time of closing there remain unresolved lilte objections,the parties agree to escrow from the sale
proceeds a sufficient amount to protect the BUYERS'Interests until said objections are corrected,allowing a reasonable time for the corrections of said objections;provided,however,that H the
commercial mortgage lender of the BUYERS wet not make the mortgage funds available with such escrow,the provisions for escrow for this detects shall mol be applicable.
14. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE.If SELLERS,immediately preceding acceptance of the offer,hold title to the Real Estate in joint tenancy with full right 01
survivorship,and the Joint tenancy Is not later destroyed by operation of law or by acts of the SELLERS,then the proceeds of Ihia sale,and continuing or recaptured rights of SELLERS In the
Real Estate,shall belong to SELLERS as joint tenants whh full rights of survivorship and notes tenants In common;and BUYERS,In the event of the death of either SELLER,agree to pay any
balance of the price due SELLERS under this contract to the surviving SELLER and to eccept a deed Irom the surviving SELLER consistent with paragraph 7.
IS. JOINDER BY SELLER'S SPOUSE.SELLER'S spouse,If not a if le holder Immediately preceding acceptance of this offer,executes this contract only for the purpose of relinquishing of all rights
of dower,homestead and distributive share or In compliance with whh Section 661.13 of the Iowa Code and agrees to execute the deed or real estate contract for this purpose.
IS. REMEDIES OF THE PARTIES. Thirty(30)days
A. »b�nrn note�of�nten1 oly n to acceleratecontract,
the payment of the entire balance becausethe
of such leture(during which thirty days such failure Is n0 corrected)SELLERS may declare the entire
balance Immediately due and payable.Thereafter this contract maybe foreclosed In equity end the Court may appoint a receiver.
B. H SELLERS fall to timely perform this contract,BUYERS have the right to have all payments made returned to them.
C, BUYERS end SELLERS also are entitled to utilize any and elf other remedies or actions at law or In airily available to them and shall be entitled to obtain judgment for costs and
attorney lees as permitted by law,
D. In the event the BUYERS fall to perform their obligations hereunder end the SELLERS successfully Wel any payments made under Ihis contract,the Broker shag receive from the
SELLERS one.hah of the fort Med payment,said one-hal not to exceed the total commission due to the Broker.In the event the SELLERS lab to perform SELLERS'obligations under this
contract when required to do so,SELLERS shall pay to Broker the Broker's commission In the amount set forth In the SELLERS'Listing Agreement with the SELLERS'Broker.
IT. STATEMENT AS TO LIENS.H BUYERS Intend to assume or take subject to a lien on the Real Estate,SELLERS chat)furnish BUYERS with a written statement prior to closing from the
holder of such Iden,showing the correct balance due.
Is. APPROVAL OF COURT.II the sego)the Real Estate le subject to Court approval,the fiduciary shell promptly submit this contract for such approval.It this contract is not so approved by
the—day ol /it ,19 ,either party may declare this contract null and void,and all payments made hereunder shall be returned to BUYERS.
19, CONTRACT BINDING ON SUCCESSORS IN INTEREST.This contract shall apply to end bind the successors and Interest of the parties.
20. CONSTRUCTION.Words and phrases shall be construed es In the singular or plural number,and as masculine,feminine Or neuter gender,according to context.
21. SURVEY AND SQUARE FOOTAGE REPRESENTATION.The BUYERS may,prior to closing,have the properly surveyed al their expense.II they survey,certified bye Registered Land
Surveyor,shows any encroachment on said property or H any improvements located on the subject property encroach on lends of others,such encroachments shall be treated as a title detect.
Assuming a representation for square footage has been made,BUYERS understand and agree that said representation Is only en approximation 01 the exact number of square feet the
properly contains.The BUYERS have the right to obtain thelr own measurement of square footage.
22. AGENCY DISCLOSURE.The Listing and Selling Agents/Brokers are agents of the parties hereto as outlined below,and their Ilduciary duties of loyally and fehhlulness ere owed to the party
they represent.However,They must treat the other party with honesty end lalmess,
The SELL R In this tr Ilion Is represennred byy:
/�� trl.1h g4 • (AgenuBrokerage Names).
The BLLYKilt-,In this transactl is represented by:
�P
J
//1,1-, .. _/,o,� C ,\ __ (Agent/Brokerage Names).
..e.-.
II Agent(including Appointed Agency)and/or Brokerage(Including Consensual Dual Agency)Names are shown as representing both parties,a detailed explanation of representation shah be
Cv ' in attached.Further,the BUYER and SELLER acknowledge that prior to sIgning this agreement that Ihelr respective Listing or Selling Agent made a written disclosure o1 type of representation
r r. being provided.
D ... L.. , _ . AC-RESIDENTIAL PROPERTY SELLER DISCLOSURE STATEMENT.The Buyer(s)acknowledge receipt of the Residential Property Seller Diacioaure Statement prior to
F" .�;! executing this Purchase Agreement.A copy of the Residential Property Seller Disclosure Statement la attached to the Purchase Agreement.
1 LI -- 2 NOTICE.Any notice required under this Agreement shall be deemed perfected when It Is received In writing either by personal delivery or upon the dale of the posting of said notice posted by
..J _(� k Certified Mail,Copies of all such notices shall be also sent to the Listing Agent and Selling Agent as designated In this Agreement,or their Brokers.
l ) , For the SELLERS: Address:
CD For the BUYERS:_ % 1y-��PM -L T.:1(0bl Address:,x),)-SP c3QT s-ocro -
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25. REPRESENTATIONS.It Is understood that no representations made by he agent In the negolldllon of this sale ere being relied upon unless Incorporated herein or endorsed In writing.
26. COUNTER PARTS CLAUSE.All parties agree lobe bound to this contract even H every party does not sign on one original,as long as each copy that Is signed Is Identical to every other signed
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27. OTHER PROVISIONS. ��r _—�o sock A� 'N°U-� ok a'}�O Q`.., c4 O:3-0,...63
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Eixi4+1 Gil bitn 41434 40999 SAkm..
%e.lbv `to Pour( 3'10 ow....„lisieL,. `iv-. C1I:&-4Q(A. Sex..lco,i
It 28. TIME FOR ACCEPTANCE.If This offer Is not accepted bykBELLERS on or before la o'clock(A.Md�t.),an-.2-4-11 7a 19 99
shall become void and all payments shell be repaid to the BUYERS.
"'THIS ISA LEGAL,BINDING CONTRACT.IF NOT UNDERSTOOD,SEEK COMPETENT LEGAL ADVICE"'
DATED:7L ( 5o ,19 99 ,at /..):' (A,M,g.
.. 44/11 ;A- . .. 1• a11� -&O —(alto 7 1- ° �eeis/3-.56 asst/
S� n I S II ER Or
ix: A file offer is accepted:_ ,19 ,et (A.M.,P.M.).
(' ,6...5A ) -SELLER SS SELLER SSC
For IcoPY•(e)acknowledge receipt of the outer 'I l(DATE) (TIME)
•
nC,IueIY I IAL.rtiureii I Y b L,L,t i 1,15CL OSURE STATEMENT
This form approved by the lows City Area Association of REALTORS
Property Address: 1132 Briar Drive, Iowa City, Iowa 52240
PURPOSE:Use this statement to disclose information as required by lows Code chapter 558A.This law require'certain sellers of residential property the
Includes 8110801 one and no more than four dwelling unite to disclose Information about the property to be sold.The following disclosures are made by the
seller(s)and not by any agent acting an behalf of the seller(s).
INSTRUCTIONS TO SELLER(S): 1)Sellars)must complete tile statement.Complete all questions,or attach reports allowed by Iowa Code section
55eA.4(2).2)Disclose all kncWn conditions materially effecting this properly,3)II en item does not apply to this property,write(NA)not applicable.4)You
must provide Information In good faith end make a reasonable effort to ascertain the required Information.If the required Information Is unknown or Is unavail-
able following a reasonable effort,use an approximation of the Information and Indicate by using(AP),or If the Information Is unknown,Indicate using(UNK).
5)Additional pages may be attached to this form tits needed.8)Keep a copy of ells statement with your other Important papers.
1. BASEMENT/FOUNDATION:My known past or present water or other problems?0 YeseiNo If yes,explain
•
Dale of repairs
2, ROOF:Any known present problems?0 Yes 4No,If yes,explain
Date of repairs/replacement ,
3. WELL AND PUMP:Any known present problems? 0 Yes 0 No. If yes,explain /1//A
Date of repairs/replacement
Any known water teats? 0 Yes 0 No. If yes,date of last report end results .
4, SEPTIC TANKS/DRAIN FIELDS:Any known present problems? 0 Yee 0 NO. If yes,explain_I I,4
Location of lank Date last cleaned .
5, SEWER SYSTEM:Any known present problems?0 YeslNo. If yea.exptatn
Date of repairs/replacement _ .
8. HEATING BYSTEMS(9): Any known present problems? Cl Yea, Na. If yes,explain
Date of repairs/replacement
7. CENTRAL COOLING SYSTEM(S): Any known present problems? LI Yey"No. II yes,explain
Dale of repairs/replacement
Any known present problems? 0 Yes�N �✓,.i ib/ .41
a, If yes,explain �i4�a.� LP 4
.L fir
0. PLUMBING SYSTEM(S):
Date of repairs/replacement •
9. ELECTRICAL SYSTEM(S): Any known present problems?0 Yer�No. If yes,explain
Date of repairs/replacement .
to.PEST INFESTATION(e.g.,termites,carpenter ants): Any known past or present problems? 0 YeelNo. II yes,data of treatment
Any known structural damage?0 Year° If yes,date of repairs/replacement
11.ASBESTOS: Any known to be present In the structure? 0 Ye&• 'No. If yes,explain
12.RADON: Any known lasts for the presence of radon gas?0 Yes'No. II yes,date of last report r,.a
Results of last report . 0 J
cal,
13.LEAD-BARED PAINT: Was this dwelling constructed prior to January 1,197e If yes,complete'Disclosure of Information and r,. t--,
Acknowledgement re:Lead-Based Paint andror Lead-Based Paint Hazards'o e re side of this form, -�--�
C) if
14. FLOOD PLAIN: Is the property located In a flood plain? 0 Yes 0 No. if yes,what le the flood plain designation? C)—c' I
16.ZONING: Do you know the zoning classtilcatk, /
n of the propertyt'Yes 0 No. If yes,what Is the zoning classification? 4J 1-71
15.ItHARED OR CO-OWNED FEATURES: Any features of the properly known to be shared In common with ad oinine landowners,such as walls,fences, =
SUBDIVIDER'SAGREEMENT 1-'4?. !-' '; 4'"'
This Agreement made by and between Braverman Development, Inc. the
owner and subdivider hereinafter called the "Subdivider", and the City of
Iowa City, Iowa, a municipal corporation hereinafter called the "City"
WITNESSES: (� U L
Section 1. Consideration and Covenant. U OCT 51977
In consideration of the City approving the propodWP WW.gliJ h,U
CITY CLERK
Pepperwood Addition, Part II, the Subdivider agrees as a covenant running
with the land that the City shall not issue any building permit on any
lots in the said subdivision unless and until concrete paving at least
28 feet in width, water mains storm drains and sanitary sewers have been
installed in front of or adjacent to any lot on which a building permit
has been requested, as required by the City of Iowa City, Iowa under its
subdivision ordinance.
Section 2. Storm Water Management Ordinance Compliance and Covenant.
In consideration of the City approving the subdividers storm water
management plan, the subdivider agrees as a covenant running with the land
that the City shall not issue any building permit on any lots in said sub- —
division unless and until the proposed storm water storage structure and
the site work incident thereto have been completed according to the plans
and specifications approved by the City.
The 'subdivider further agrees as a covenant running with the land that
no building permits will be issued within the storm water storage basins as Q 2z, N
shown on the final plat of the Subdivision designated Pepperwood Addition, r�
U..1
Part II, which includes Lots 5 through 10, 14 through 23, 25 through 47, and
79 through 85 unless and until the owner of such lot or his authorized agent
shall have submitted to the City a site plan showing the location of all pro-
posed improvements of such lots including elevations •for all improvements as
well as proposed method of disposing of all excavated material. The City
shall not be required to issue building permits where such additional site
work information required herein discloses proposed filling or excavation wit
in the storm water storage basin as designed by the subdivider, approved by
the City, and shown on the final plat of the subdivision RecTvzd & I!pvovod
By Tho Lagal
Section 3. Construction of Improvements
All such improvements as stated in Section 1 of this Agreement shall
be constructed and installed by the subdivider according to the plans and 1'74 * (14
specifications of the City of Iowa City, Iowa, with inspections by the
City Engineer or designate. Said inspections shall consist of occasional (jt
g
inspection of the work in progress, but shallnot relieve or release the
Subdivider from its responsibility to construct said improvements
pursuant to said plans and specification.
Section 4. Sidewalks.
The Subdivider agrees that within one year from the date of
approval of the final plat of said subdivision, to install sidewalks
in said subdivision abutting said lots and within the "walkways"
designated on the plat, at least 4 feet in width and according to
the plans and specifications of the City of Iowa City, and with
inspections by the City Engineer or designate as specified in
Section 3.
Section 5. Building Permit and Escrow Monies.
It is further provided, however, that in the event the
Subdivider, its assigns or successors in interest, should desire
a building permit on any lot in said subdivison for which
pavement, water mains and sanitary sewers are not installed, the
Subdivider, its assigns or successors in interest, shall deposit
with the City Clerk in escrow an amount equal to the cost of said
improvements plus 10 per cent thereof as determined by the City
Engineer's office of the City of Iowa City, Iowa. When said —,
funds are deposited in that event the Building Inspector of the -- ; ,
Q r?
City of Iowa City, Iowa, shall issue a building permit provided 1
that the applicant complies with all other requirements and
ordinances of said city. �t
, k Ti
Section 6. Occupancy Permit. �� N
r)
Prior to the issuance of an occupancy permit for any building
erected pursuant to Section 4, the City in its discretion may
require the Subdivider, its assigns or successors in interest,
to construct and install such improvements as stated in Section 1.
Section 7. Use of Escrow Monies.
If after the issuance of an occupancy permit, the improvements
as stated in Section 1 have not been constructed and installed,
the City may use any funds deposited in escrow to construct and
install such improvements. Should the cost of the construction
and installation of said improvements exceed the amount of said
escrow, the City shall have a lien and charge against all the lots €K• (u /
•adjacent to or in front of which said improvements are made. (e'
-3-
The City shall refund to the depositor any escrow monies not
used by the City after the construction and installation of such
improvements.
Section 8. Waiver.
In the event the Subdivider, its assigns or successors in
interest, should sell or convey lots in said subdivision without
having had constructed or installed the pavement, water mains
and sanitary sewers; or if the Subdivider, its assigns or successors
in interest or the owners of the lots in said subdivision shall
fail to construct sidewalks, the City shall have the right to
install and construct said improvements and the costs of said
improvements shall be a lien and charge against all the lots
adjacent or in front of which improvements are made and any lots
which may be assessed for improvements under the provision of
Chapter 384 of the Code of Iowa. The cost of such improvements
need not meet the requirements of notice, benefit or value as
provided by law of the State of Iowa for assessing such improvements.
It is further provided that this requirement to so construct said
improvements is and shall remain a lien from date until properly
released as hereinafter provided. LJ '
The City agrees when such improvements have been installed — C
to the satisfaction of the City it will immediately file in the (.—CA
Office of the County Recorder of Johnson County, Iowa, a good '� --i
and
and sufficient release to various lots in said subdivision so -
that this Agreement will not constitute a cloud upon the title y J1
of the lots in said subdivision.
Section 9. Street Maintenance.
It is further provided that the Subdivider and its assigns •
and successors in interest agree that the public services including
but not limited to street maintenance, snow removal, rubbish and
garbage collection need not be extended in said subdivision until
the pavement is installed and accepted by the City.
Dated this /S-- day of Sa..f.f- -7, 19 [ 7 , at
Iowa City, Iowa.
BY:
60% Com ,
esi f
3/50))
_4_
•
State of Isil •
SS:
County of _�o��..z r•
I, fine)-( /?.• JE Lj: , a notary public in and
for said county, in the state aforesaid, do hereby certify that
rl���Iv t �rc��cti.o�., and ;t�, , A, ,1 U, ,-ta-ve. ..,�to me personall:
known to be president and secretary respectively of
(i,rn,-,_ ) , c , a corporation, and also known to me to be the
persons whose names are subscribed to the foregoing instrument,
appeared before me this day in person and acknowledged that as such
president and secretary respectively they Signed, sealed, and
delivered the said instrument as the free and voluntary act of said
• corporation, for the uses and purposes therein set forth, and that
they were duly authorized to execute the same by the board of.
directors of said corporation.
Given under my hand and notarial seal this is- day of
19
.0 isv�'•. rte.t
Notary Pubic
My commission expires 19 71 7 •
•
• BY: 11,,(UL, CAQIID0211.14.11
Mayor pctcIse r 11,/971 •
ATTEST: ( I
State of Iowa ) I 4ret4'-)cyc,‘-, ber /4/97i t
) SS: Q
County of Johnson ) `- i
An this 11th day of October , in the year 1977 , before _ s
me, C ''t a-.Q•�(()4.Q !.�i) , a notary public in and. for said county of '_ (-
,,, ,1. y,,, , state of40...,.t,- , residing therein, duly com- r•
missioned and sworn, personally appeared Mary C. Neuhauser , known 14-
to me to be the Mayor, and Abbie Stolfus , known to me to be %� N
the city clerk of the City of Iowa City , the corporation
that executed the within instrument, and acknowledged to me that such
corporation executed the same.
In witness whereof,.I have hereunto set my hand and affixed
'my official seal the day and year in this certificate first above
written.
a
(/`•., A -Ceti LU 0._-t1.-D,
Notary Public in and for Johnson County,
.State of Iowa
•
• (p. v/g)
ADDENDUM TO SUBDIVIDERS AGREEMENT
1. The following provisions are added to a Subdividers Agreement
between Braverman Development Inc. and the City of Iowa City
executed on the 15 day of September 1977 and filed with the
City Clerk on 15 September 1977 for Pepperwood Addition, Part II .
A. Exhibit A, attached hereto and by reference made a
part hereof.
B. The subdivider agrees that Exhibit A, Proposed
Restrictive Covenant Provisions Storm Water Storage Area,
will be included in the Final Restrictive Covenants and
duly recorded with the County Recorders Office prior to any •
Lots being sold in Pepperwood Addition Part II.
C. The Subdivider agrees to include in the Final Recorded
Restrictive Covenants that the covenants contained in Exhibit
A cannot be modified, changed or voided without the written
consent of the City of Iowa City. .
Dated this 11th day of October 1977 :t Iowa City, Iowa.
4
•
1.1
-s :raverman, President
;3
t k\ E (
�/,g )
•
1 -2-
STATE OF IOWA
SS :
COUNTY OF JOHNSON
J L)I Y)( .X'C ,- �., . ate\ (yila.g,..., a Notary
Public in and for said county, in. the State aforesaid, do hereby
certify that Myles Braverman, to me personally known to be
president of Braverman Development Inc. a corporation, and also
known to me to be the person whose name is subscribed to the fore-
going instrument appeared before me this day in person and
acknowledged that as such president he signed, sealed and delivered
the said instrument as the free and voluntary act of said corporation,
for the uses and purposes therein set forth, and that he was duly
authorized to execute the same by the board of directors of said
corporation.
Given under my hand and Notarial Seal this 11th day of
October 1977.
1t.-r .!`-c:2.Ai, - //(Yliia •L1K.-:.,
;/ Notary Public
�1
My Commission Expires f ,j' ,g 2-c- .
rt
- c
C) ' i ----
D r.)
(J1
•
EV. Call
EXHIBIT "A"
0%~
PROPOSED y (.;,
RESTRICTIVE COVENANT PROVISIONS
STORM WATER STORAGE AREA
The subdivider has constructed several storm water storage
areas and structures pursuant to the requirements of the City
of Iowa City, Iowa under its storm water management ordenance.
As constructed; said storm water storage areas are located on parts
of Lots 5 through 10 , 14 through 23 , 25 through 47 , and 79 through 85.
excavation or grading shall be permitted
R r
in said storm water storage areas as shown on the final plat of
Pepperwood Part II , without the express written consent of the
City of Iowa City. It shall , however, be the primary responsibility
of each of the owners of said Lots whether said Lots be improved.
or unimproved, to keep such Lots free from weeds and debris and
to keep said Lots mowed and to maintain the entire Lot so as to
minimize erosion in and around said storm water storage areas.
APPROVAL OF BUILDING
AND
SITE PLANS
A. No buildings or other structure shall be erected upon
any Lot until the following documents have been approved, in
writing, by an authorized officer of. Southgate Development or
its nominee :
1. Complete plans and specifications describing
all proposed buildings and structures .
(fr /cif)
•
•
•
-2-
2. The owners of Lots 5 through 10 , 14 through 23, 25
through 47 , and 79 through 85 ; in addition to the plans and specifi-
cations required above, shall also be required to submit a plot
plan showing the location of the proposed buildings or structures on
the Lot; together with proposed elevations for all improvements and
the proposed method of disposing of any excavated material.
B. In the event that Southgate Development or its nominee
fails to approve or disapprove plans and specifications within 30
days after the same have been submitted to it or its nominee, or in
any event, if no suite to enjoin the construction, approval will be
conclusively persumed to have been given and this Covenant shall be
deemed to have been fully complied with.
DC7
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.. .F 8e9...3 Port 2 HpLLYWDOD KAlIR3fi ` PART Fl V£
BUILDING PERMIT
Permit #. : BLD93-0211
Issued. . . : 05/13/93 , • iZ*74Fl
Applicant Name: AL ANDERSON +41; .,,,,,,iellig) .
Job Address. . . : 1132 BRIAR DR � k
Parcel # • XX63746042 ''""*r,a ,,.
Zone •
Project Name. . : CITY OF I O WA CITY
(319) 356-5123
Applicant: Contractor:
AL ANDERSON CHARLES KINNEY CONSTRUCTION
1132 BRIAR DR PH#1:338-6724 858 ST ANNES PH#1:337-2308
IOWA CITY IA 52240 PH#2: IOWA CITY IA 52245 PH#2:
Legal Desc • SUBDIVISION: PEPPERWOOOD ADD PART 2 LOT: 0042
Project Description: 14 'X 20' ADDITION TO EXISTING S.F.D.
TYPE OF USE •RSF ROOMS • 0 LOT •
DWELL UNITS. . a. • 0 BEDROOMS • 0 DIM. :? •
TYPE OF IMPRI. ..'. . . :ADD STRUCTURE SEABAAKS (ft): 0 sf
FRAME TYPE. . �� 'WOOD DIM:? FR: 0.00: RE: 0.00:
OCC GROUP •R-3 AREA: 0 sf LT: 0.00: RT: 0.00:
TYPE CONST •5-N GARAGE
BASEMENT? •? DIM:? CONT PRICE $:40000
STORIES • 0 AREA: 0 sf PERMIT FEE $:220.50
ZONING DISTRICT. :RS-5 : FIRE SPKLRS REQ'D?. . :N TREE ORD APPLIC? .N
OVERLAY ZONE:? . FIRE EXTING REQ'D?. . :N HANDICAP REQ APPLIC?:N
REQ'D PARKING • 0AIRPORT ZONE •N ST ENER CODE APPLIC?:Y
FIRE DETECT REQ'D?:Y FLOODPLAIN •N CERT OF OCC REQ'D?. . :Y
NOTICE: Separate permits are required for building, electrical, plumbing, heating, air conditioning, or signs. This permit
becomes null and void if work or construction authorized is not commenced within 180 days, or if construction or work is
suspended or abandoned for a period of 180 days at any time after work is commenced.
All provisions of taws end ordinances governing this work must be complied with whether specified herein or not. This permit
does not presume to_give authority to violate or cancel the provisions of any other state or local law regulating construction
or the performance of c. ruction.
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END
OF
CASE
FILE
IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTX *�
CJ
C7
MOD POD, INCORPORATED, ) ='_- ►
) No. EQCV060751 C�` ' ry
Plaintiff, ) n
—
Tri
v. ) .:^ {U
) ACCEPTANCE OF SERVICE 5 —
THE CITY OF IOWA CITY, IOWA )
)
Defendant. )
I, Eleanor M. Mikes, attorney for the Defendant,The City of Iowa City, Iowa,do hereby
acknowledge receipt of a copy of the Original Notice with a copy of the Petition attached thereto in
this cause. Receipt of said documents is acknowledged this a O day of April, 2000.
I further consent to the jurisdiction of the District Court of Iowa, in and for Johnson County,
in connection with these proceedings, and hereby enter my Appearance herein for the Defendant,
The City of Iowa City, Iowa.
Eleanor M. Mikes
STATE OF IOWA )
) ss:
COUNTY OF JOHNSON )
On this 026 day of April,2000, before me,the undersigned, a Notary Public in and for
the State of Iowa, personally appeared Eleanor M. Dilkes, attorney for the Defendant City of Iowa
City,Iowa,to me known to be the person who executed the foregoing instrument and acknowledged
that she executed the above as her voluntary act and deed.
''141141.%06.14-
Notary ublic, State of Iow
��R4c4 ANNE ROWLEY
My Co is2VVL x3pires
IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY
CJ x,,.
MaD Pay, ivcdRag.4T�/, -n
i ) No. EQCV 0 C9 CrTh
Plaintiff, )
N
v. )
) ORIGINAL NOTICE E `:n
THE CITY OF IOWA CITY, IOWA )
Defendant. )
TO THE ABOVE-NAMED DEFENDANT(S):
You are hereby notified that a Petition has been filed in the office of the Clerk of this Court,
naming you as the Defendant in this action. A copy of the Petition (and any documents filed with it) is
attached to this Notice. The Petition was filed on the 19th day of April, 2000. The attorneys for the
Plaintiff are Timothy S. White and Jeffrey R. Tronvold of White &Johnson, P.C., whose address is 101
2"d Street SE, P.O. Box 5878, Cedar Rapids, Iowa 52406-5878. That attorney's telephone number is
(319) 364-0900; facsimile number (319) 368-1474.
You must serve a motion or answer within 20 days after service of this original notice upon you,
and within a reasonable time thereafter, file your motion or answer with the Clerk of Court for Johnson
County, at the county courthouse in Iowa City, Iowa. If you do not,judgment by default may 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 a
disability, immediately call your district ADA coordinator at (319) 398-3920 ext 105. (If you are hearing
impaired, call Relay Iowa TTY at 1-800-735-2942).
AggiitiOV 11W
ERK O' CO RT
Johnso ounty Cou ouse
low. ity, Iowa
IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR
INTERESTS.
IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY
MOD POD, INCORPORATED, )
) No. EQCV C) LQ GI
Plaintiff, )
) �1
v. ,
) PETITION FOR TEMPORARY AND
THE CITY OF IOWA CITY, IOWA ) PERMANENT INJUNCTION ' �'•
Defendant. )
COMES NOW the Plaintiff, Wesley A. Fotsch, with attached Affidavit (Exhibit A) in
support hereof, pursuant to the Iowa Rules of Civil Procedure, through his attorneys, and for
his cause of action against the City of Iowa City, Iowa, states: N,
COMMON ALLEGATIONS
u —11
1. Plaintiff Mod Pod, Incorporated is an Iowa corporation with its principal place Ea
ITI
of business in Iowa City, Johnson County, Iowa. G 0
2. Wesley A. Fotsch owns Mod Pod, Incorporated and is and was at a l times—
material
imermaterial hereto a resident of Iowa City, Johnson County, Iowa.
3. The Defendant is a municipality existing under the laws of the State of Iowa.
4. On March 3, 1992, the Defendant passed Resolution 92-42, which adopted the
near Southside Neighborhood Redevelopment Plan.
5. The purpose of this plan was to revitalize a 20-block section in an older part of
Iowa City.
6. The Plan identified the air rights over the Federal Building parking lot as the
most logical location of a parking facility in this area; however, the density of development
projected would not allow a self-sustaining parking system.
•
7. In 1997 the Defendant applied to the Federal Transit Administration for funds to
build a transportation center under the Livable Communities Initiative.
8. The Defendant recently received approval for funds based on its application.
9. On or about January 18, 2000, the Defendant adopted Resolution 00-27,
"Authorizing mailing and publication of notice of intent to commence public improvement
project to construction the Near Southside Transportation Center project and to acquire
property for the project; and setting date of the public hearing."
10. In February, 2000, the Johnson County Council of Governments Transportation
Planning Division, in conjunction with the Defendant, prepared the Near Southside
Transportation Center Feasibility Study.
11. The Feasibility Study identified the Near Southside Neighborhood
Redevelopment Plan as the source for the concept of a transportation center.
12. The Defendant conducted a public hearing on or about March 7, 2000.
13. On or about March 7, 2000, after the Defendant's public hearing, the Defendant
passed Resolution 00-80, "Declaring the City's intent to proceed with and authorizing the
acquisition of property rights for the Near Southside Transportation Center Project."
INADEQUACY OF NOTICE
14. Pursuant to Iowa Code Chapter 6B.2A.1, the Defendant was required to mail
notice of the proposed public improvement to Mod Pod, Incorporated no later than thirty (30)
days before the adoption of a resolution to proceed with the public improvement and
condemnation of property. 0
2 `�'
T
D "'
15. Pursuant to Iowa Code Chapter 6B.2A.1(e) the Defendant was required to
identify in the notice "the current status in the planning process for the public improvement,
including meetings held and decisions made."
16. In the notice received by Plaintiff Mod Pod, Incorporated, the Defendant failed
to identify what meetings had been held regarding the project or the decisions that had been
made (Exhibit B).
17. The failure by the Defendant to adhere to the notice provisions of Iowa Code
Chapter 6B.2A.1(e) make the initiation of eminent domain proceedings illegal.
LACK OF REQUIRED APPROVALS
18. Pursuant to Iowa Code Chapter 6B.2A.2 "The authority to condemn is not
conferred until the appropriate authority approves the public improvement, including the
approval of any permits required by state or federal law which permits are necessary for
commencement of the project."
19. The Defendant has made no showing that it has obtained the requisite local,
state or federal permits necessary for the commencement of the project.
20. Initiation of eminent domain proceedings at this time is illegal based on
Defendant's violation of Iowa Code Chapter 6B.2A.2.
MINIMUM LAND CONDEMNED/PUBLIC NECESSITY
21. According to the Near Southside Transportation Center Feasibility-tudy, ;e
Defendant will create 400-600 additional parking spaces. -'' �u
N r-
171
o^
3
22. The Defendant is engaged in the construction of a new multilevel parking
facility approximately three blocks from the Plaintiff's property, and the impact of this new
facility is not addressed in the Feasibility Study.
23. The Defendant has not produced nor conducted any studies quantifying the need
for the Transportation Center's additional parking spaces in the Near Southside Neighborhood.
24. The Defendant has failed to establish the need for day care facilities in the Near
Southside Neighborhood.
25. The Defendant has failed to establish the need for additional facilities to support
the two existing intercity bus companies in the Near Southside Neighborhood.
26 The Defendant has failed to establish the need for additional commercial/retail
space in the Near Southside Neighborhood.
27. Pursuant to Iowa Code Chapter 6B.3.1(g) there must be "A showing of the
minimum amount of land necessary to achieve the public purpose and the amount of land to be
acquired by condemnation for the public improvement."
28. The Defendant has failed to show that the acquisition of Plaintiff Mod Pod,
Inc.'s property is the minimum amount of land necessary for the Defendant's alleged public
purpose or that there exists a public necessity for those purposes.
PUBLIC PURPOSE
29. The proposed transportation center is not being constructed exclusively for a
public purpose. _
C }
30. The Defendant has failed to show that the creation of daycare facilitiesin th'�;
New Southside Neighborhood is a public purpose. —j0 --
4
•
31. The Defendant has failed to show that the creation of additional commercial and
retail space in the New Southside Neighborhood is a public purpose.
32. The failure of Defendant to build facilities in the Transportation Center with a
public purpose makes the initiation of eminent domain proceedings illegal.
ILLEGALITY OF CONDEMNATION
33. The Defendant's desire to condemn the Plaintiff's land originated with the
receipt of federal funds from the Federal Transit Administration for the construction Qf a -n
- -
<r, N) —
transportation center.
0
34. The Defendant has failed to show the need for this transportation cEnte `;in >,t
entirety. Specifically, the Defendant has failed to identify the need for the additional parking,
commercial and retail space or the need for childcare in the Near Southside Neighborhood of
Iowa City, Iowa.
35. The Defendants receipt of federal funds and the use of those funds in the
construction of this project in combined with the condemnation of Plaintiff's property, amount
to fraud, oppression, illegality, abuse of power and/or abuse of discretion by the Defendant.
36. The failure of the Defendant to prove that the condemnation of the Plaintiff's
property involves taking the minimum amount of land combined with the fraud, oppression,
illegality, abuse of power and/or abuse of discretion based upon the receipt of Federal Transit
Administration funds makes the condemnation of the Plaintiff Mod Pod, Inc.'s property illegal.
37. Unless the Defendant is restrained and prevented from continuing to abuse its
authority and illegally condemning the Plaintiff's property in contravention of the Iowa Code,
Plaintiff will suffer permanent damage to his property and be greatly and irreparably injured.
5
•
Unless restrained, the Defendant will continue to act in a similar manner as it has in the past
causing further harm to Plaintiff and his property.
38. The precise amount of Plaintiff's damages cannot be definitely determined and,
therefore, Plaintiff has no adequate remedy at law.
39. No Petition for the same relief, or part thereof, has been previously presented to
or refused by any Court or Justice.
40. The Defendant has stated both in the notice to Plaintiff and other public
documents that construction is not scheduled to begin until the spring of 2001. Therefore,
Plaintiff requests that the Court waive any bond or penalties since this action will not cause
economic loss to the Defendant prior to the resolution of this issue.
WHEREFORE, Plaintiff prays that the Court set a date for a hearing as soon as
practical for the issuance of a temporary and permanent injunction enjoining and restraining the
Defendant from condemning the Plaintiffs land, and for further relief as the Court may deem
just, proper and equitable.
O
WHITE & JOHNSON, P.C. ; -
11
101 Second Street SE n
P.O. Box 5878 -=t C' — Fri
Cedar Rapids, Iowa 52406-5878 % ?'.
Phone: (319) 364-0900 ,2
Fax: (319) 368-1474 y --
By:
TIMOTHY S. W ITE LI0005941
By:
JEFFREY l( TRONVOLD LI0015969
ATTORNEYS FOR PLAINTIFF
6
IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY
MOD POD, INCORPORATED )
) No. EQCV
Plaintiff, )
O G J
v. ) '7,1C7f
) AFFIDAVIT IN SUPPORT OF r - �Tl
THE CITY OF IOWA CITY, IOWA ) PETITION FOR TEMPORARY AND —'
) PERMANENT INJUNCTION _%
Defendant. ) r
STATE OF IOWA --
) ss:
COUNTY OF JOHNSON )
I, Wesley A. Fotsch, have been first and duly sworn, state that I am an adult and have
personal knowledge of the following facts:
Mod Pod Inc. owns real estate located in Johnson County, Iowa which has the address 301
South Dubuque Street, Iowa City, Iowa 52240. I, Wesley A. Fotsch, am the sole owner of Mod
Pod, Inc. On January 5, 2000, I received correspondence from Karin Franklin, Director of the
Department of Planning and Program Development which indicated that there would be a
recommendation to the City Council of Iowa City to pursue the acquisition of the east half of
Block 102. The property owned by Mod Pod is situated on the east half of Block 102.
On January 27, 2000, I was mailed correspondence from the City Attorney, Eleanor M.
Dilkes, which notified me that the City Council intended to acquire Mod Pod's property to
commence the project known as the Near Southside Transportation Center. In that
correspondence, the City Attorney enclosed a Notice outlining the intent to commence with this
project. In paragraph 4 of the Notice entitled"Status of Project Planning" there was a
description of why the proposed project would be initiated. However, the Notice failed to
EXHIBIT
A
include the meetings that had been held and the decisions that had been made regarding this
project.
I also obtained a copy of the Near Southside Transportation Center Feasibility Study that
was prepared in February, 2000. The Feasibility Study indicates that sometimes up to two
hundred(200)people are on waiting lists for parking. I am aware that the City is currently
constructing a new parking facility approximately three (3) blocks from Mod Pod, Inc.'s
property which is located at the corner of Linn Street and Iowa Street. The Feasibility Study
does not mention the additional parking in the near area or what impact it would have on the;
a
Near Southside Transportation Center. Therefore, I do not believe that the City hai- qua e1y
~; N
analyzed the parking requirements or other requirements that would support buil i�f #: — H
% �--•-~' y��
transportation center as large as that which is proposed. I believe this is in violation violationTiOwa
condemnation laws which require showing that the minimum amount of property is being —
condemned.
I have also not been shown or given any information that would indicate that all required
permits and approvals have been obtained in order to proceed with the transportation center.
This requirement is also found in the Iowa Code, and any initiation of eminent domain
proceedings at this point would be premature.
Finally,proceeding with this project in the manner proposed by the City appears to be a
clear abuse of the City's power and discretion. This project seems to be a reaction to the receipt
of federal funds more than a project that is driven by need or necessity. The Feasibility Study is
filled with statements that suggest that there "may"be a need for certain services, but there is no
real evidence that the facilities provided by the Near Southside Transportation Center are needed
or will be utilized. In my opinion, the downtown area and local malls in Iowa City are
2
experiencing increased vacancy rates due to the construction of the Coral Ridge Mall. Currently,
there exists abundant retail and commercial space in the downtown area some of which has been
available for a significant period of time. Also, there is nothing to support the claim that a
daycare center would be utilized or is needed by the citizens of Iowa City. Finally, given the
construction of the new parking facility approximately three (3) blocks from Mod Pod, Inc.'s
location, there would seem to be little need for the addition of more parking spaces in this area of
downtown Iowa City. This clearly appears to be a case where federal funds have become
available and a project has been created to expend those funds. The mere fact that fit feasibility
C)
study was created in February, 2000, immediately before the proposed condemnation of M9 �J
Pod, Inc.'s property, yet after the City Council's resolution authorizing the notice to be mailed,
supports the conclusion that money is driving the project and not need or necessity w
Therefore, I believe, given the improper notice, the City's failure to show that the
minimum amount of land is being acquired, the City's failure to show that the required permits
and approvals have been obtained and the City's clear abuse of its power and discretion, the City
of Iowa City has failed to meet the requirements of the Iowa Code to initiate eminent domain
proceedings. The City of Iowa City should be stopped from attempting to condemn my property
until the City can show compliance with the Iowa State Code and that a need for a transportation
center exists in the City of Iowa City, Iowa.
i. � ( • °Pi)/
esley A. Fot h
rr
Subscribed and sworn to before me by Wesley A. Fotsch on this I7 day of April,
2000.
1\T„,- 04*
otary Public in and for the State of Iowa
My Commission Expires: Da -01 -0I
3
NOTICE OF INTENT TO COMMENCE.A PUBLIC IMPROVEMENT PROJECT
AND TO ACQUIRE PROPERTY RIGHTS WHICH MAY BE NEEDED FOR
NEAR SOUTHSIDE TRANSPORTATION CENTER PROJECT
To: Owners and tenants of property comprising Lots 1, 2, 3, and 4 of Block 102 of
the Original Town of Iowa City, Iowa:
1. Mod Pod
do Wes Fotsch
301 S. Dubuque St.
Iowa City, IA 52240
2. Hieronymus Partnership Hieronymus Partnership
205 E. Burlington St. 3322 Muscatine Avenue
Iowa City, IA 52240 Iowa City, IA 52240
3. Union Planters Bank First Federal Savings & Loan
do John Rathjen Mid-America Savings
100 E. Park Avenue P.O. Box 2658
P.O. Box 90 Iowa City, IA 52244
Waterloo, IA 50704-0090
4. Vaughn Davisson Farmers Insurance Group
150 E. Court Street
Iowa City,IA 52240
5. Jean Bartley
Attorney at Law
150 E.Court Street, Suite 200
Iowa City,IA 52240
6. James D. Houghton
Attorney at Law O '
150 E.Court St. "73
Iowa City,IA 52240 C7-< ry
7. Willis&Willis,Attorneys at Law t,i 171
Security Abstract Company 0 0
150 E.Court Street, Suite 201
Iowa City,IA 52240
8. Dell A.Richard
Attorney at Law
150 E.Court Street, Suite 101
Iowa City,IA 52240
9. Richard H. Zimmermann
Zimmermann Law Office
150 E. Court Street, Suite 101
Iowa City, IA 52240
10. Jeffrey Fields
Attorney at Law
131 E.Burlington Street
Iowa City, IA 52240 EXHIBIT
2
Under the provisions of Sections 6B.2A and 6B.2B of the Iowa Code, a governmental body
which proposes to acquire property rights under power of eminent domain for a public
improvement project is required to give notice of intent to commence the proiect to all
property owners whose properties may be affected.
1. DESCRIPTION OF THE PROJECT; INTENDED USE OF PRIVATE
PROPERTY WHICH MAY BE ACQUIRED.
NOTICE IS HEREBY GIVEN to the above-identified persons that the City Council of the
City of Iowa City will consider authorizing the commencement of a project to construct the
Near Southside Transportation Center on the half block of Block 102 of the Original Town of
Iowa City, Iowa, which is bordered by Burlington Street on the north, Dubuque Street on the
east, Court Street on the south, and the Block 102 north-south alley on the west, which
project is to be known as the Near Southside Transportation Center.
Property rights acquired for the project will be used for construction of the facility in its
entirety, and for temporary storage of construction materials and equipment and fb staging of
construction activities.
2. PRIVATE PROPERTY RIGHTS MAY BE ACQUIRED BY NEGOTIATION
OR CONDEMNATION. = J
If the above-described project is approved by the City Council, the City may needy acquire
property rights for the project improvements. Property rights may include fee simple parcels
(complete ownership), including the leased fee and leasehold interests, construction
easements and/or a permanent easements. Upon review of Johnson County property records,
it appears that properties or portions of properties owned by the above-identified persons may
have to be acquired for the project by the methods described above. The City will attempt to
purchase the required property by good faith negotiations. If negotiations are unsuccessful,
the City will condemn those property rights which it determines are necessary for the project.
The proposed location of the above-described public improvement is shown on the
documentation which is now on file in the office of the City Clerk and available for public
viewing.
3. CITY PROCESS TO DECIDE TO PROCEED WITH THE PROJECT AND TO
ACQUIRE PROPERTY RIGHTS; CITY COUNCIL ACTION REQUIRED TO
PROCEED WITH PROJECT; OPPORTUNITY FOR PUBLIC INPUT.
The City intends to provide funding in its budget for this project, including the acquisition of
property that may be needed for the project. City staff has analyzed the options for how to
proceed with this project and has coordinated project planning with other appropriate
agencies. The planning for the project now indicates that certain property may need to be
acquired. Any public comment will be considered in preparing the final designs, particularly
as private property may be affected.
In making the decision to proceed with the above-described project and to acquire property
rights, the City Council is required to hold a public hearing, giving persons interested in the
proposed project the opportunity to present their views regarding the project, and regarding
the proposed acquisition of property rights for the project. The public hearing will be held
on the 7th day of March, 1999 in the City Council Chambers, Civic Center, 410 East
Washington Street, Iowa City, Iowa, commencing at 7:00 p.m. or, if cancelled, at the
next meeting of the City Council thereafter as posted by the City Clerk. In order to
proceed with the above-described project and commence the acquisition of property for the
project, the City Council will be required to approve the project and authorize acquisition of
private property for the project by Council resolution. The City Council is scheduled to
consider adoption of a resolution of the City's intent to proceed with the above-described
project following the public hearing.
If the project is approved by the City Council, an appraiser will determine the compensation
to be paid for property. The City will offer no less than the appraised value and will attempt
to purchase only the needed property by good faith negotiations. If the City is unable to
acquire properties needed for the project by negotiation, the City will acquire those property
rights by condemnation.
4. STATUS OF PROJECT PLANNING.
The concept of the Near Southside Transportation Center originated in the Near Southside
Neighborhood Redevelopment Plan which was adopted by the City Council in 1992. The
zoning ordinance changes for the area which were subsequently approved by the City
Council are predicated on the City providing public parking in order to foster the high density
of development which is desired. The Plan calls for a multi-modal transportation system in
the Near Southside where owning an automobile is not a necessity. These planning concepts
fit nicely with the Federal Transit Administration's Livable Communities Initiative, and an
application was made for a transportation center several years ago. The City has carried this
project forward in its planning documents in subsequent years, and was able to secure a
commitment for funding from FTA for a 3-year project beginning in federal fiscal year 2000.
It is anticipated that the City Council will include funding for the local matching funds
required (20% of the project) in the City's Capital Improvements Program. Co*truction:is
currently scheduled to begin in the spring of 2001.
5. THIS NOTICE IS FOR INFORMATION ONLY AND IS NOT AN OFFER T-O
PURCHASE PROPERTY RIGHTS OR TO PROVIDE RELOCATION `0
BENEFITS.
The City Council of the City of Iowa City, Iowa has not yet determined to undertake the
above-described project or to acquire property for the project. This Notice does not constitute
an offer to purchase property or an offer to provide relocation benefits, and affected property
owners are not required to move from their residences or relocate their businesses at this
time. Eligibility for relocation benefits will not occur until the project has been approved by
the City Council, and an offer to purchase has been made to individual property owners.
6. STATEMENT OF RIGHTS.
Just as the law grants certain entities the right to acquire private property, you as the owner of
property have certain rights. You have the right to:
a. Receive just compensation for the taking of property. (Iowa Const., Article I, Section
18)
b. An offer to purchase which may not be less than the lowest appraisal of the fair
market value of the property. (Iowa Code §§ 6B.45, 6B54)
c. Receive a copy of the appraisal, if an appraisal is required, upon which the acquiring
agency's determination of just compensation is based not less than 10 days before
being contacted by the acquiring agency's acquisition agent. ( Iowa Code §6B.45)
- d. When an appraisal is required, an opportunity to accompany at least one appraiser of
the acquiring agency who appraises your property. (Iowa Code §6B.54)
e. Participate in good faith negotiations with the acquiring agency before the acquiring
agency begins condemnation proceedings. (Iowa Code §6B.3(1))
f. If you cannot agree on a purchase price with the acquiring agency, a determination of
just compensation by an impartial compensation commission and the right to appeal
its award to district court. (Iowa Code §§ 6B.4, 6B.7, and 6B.18)
g. A review by the compensation commission of the necessity for the condemnation if
your property is agricultural land being condemned for industry; (Iowa Code §
6B.4A)
h. Payment of the agreed upon purchase price, or if condemned, a deposit of the
compensation commission award before you are required to surrender possession of
the property. (Iowa Code §§ 6B.25 and 6B.54(11))
i. Reimbursement for expenses incidental to transferring title to the acquiring agency.
(Iowa Code §§ 6B.33 and 6B.54(10))
j. Reimbursement of certain litigation expenses: (1) if the award of the compensation
commissioners exceeds 110 percent of the acquiring agency's final offer before
condemnation; and (2) if the award on appeal in court is more than the compensation
commissioner's award. (Iowa Code §6B.33)
k. At least 90 days written notice to vacate occupied property. (Iowa Code § 6B.54(4))
1. Relocation services and payments, if you are eligible to receive them, and the right to
appeal your eligibility for and amount of payments. (Iowa Code §316.9)
The rights set out in this Statement are not claimed to be a full and complete list or
explanation of an owner's rights under the law. They are derived from Iowa Code Chapters
6A, 6B and 316. For a more thorough presentation of an owner's rights, you should refer
directly to the Iowa Code or contact an attorney of your choice.
A-22 . 7AitJ
arian K. Karr
0
City Clerk 0 7:".,
maryrNiarw-acq/fortns/commence2.aoc > —73-
0
.f
M
D`
END
OF
CASE
FILE
IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY
LEWIS INVESTMENTS, INC. j NO. eQhibtptfib
Plaintiff )
v )
)
CITY OF IOWA CITY ) ORIGINAL NOTICE
)
Defendant )
TO THE ABOVE-NAMED DEFENDANT:
You are notified that Petition has been filed in the office of the clerk of this court naming
you as the defendant in this action. A copy of the Petition, and any documents filed with it, is
attached to this notice. The name and address of the Plaintiff's attorney is Martin A. Diaz, 528 S.
Clinton, Iowa City, Iowa 52240. The attorney's phone number is 319/339-4350 and his facsimile
number is 319/339-4426.
You must serve a motion or answer within 20 days after service of this Original Notice
upon you. Within a reasonable time thereafter you must file your motion or answer with the
Clerk of Court for Johnson County, at the county courthouse in Iowa City, Iowa. If you do not,
judgment by default may 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
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.)
LODEMA BERKLEY
CLERK OF COURT
Johnson County Courthouse
Iowa City, Iowa 52240
Note: You are advised to seek legal advice at once to protect your interests.
o
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- 3 1..
1N THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY
LEWIS INVESTMENTS, INC. ) NO. Jt.�l_VU 76
Plaintiff )
v )
) PETITION IN EQUITY
CITY OF IOWA CITY ) AND AT LAW
(JURY DEMAND)
Defendant )
N
- [fl
COMES NOW the Plaintiff, and for its cause of action against Defendant.City of; rn
Iowa City, states as follows: i
STATEMENT OF FACTS
1. Plaintiff Lewis Investments, Inc. is a Missouri corporation with an interest in
real estate in Iowa City.
2. Defendant City of Iowa City is a municipality, utilizes a Board of Appeals and
enforces the 1997 Uniform Code for the Abatement of Dangerous Buildings. At all times
relevant hereto the City was and is acting under color of State law.
3. Plaintiff is the legal owner of a parcel of land in Iowa City bearing the legal
description of Lots 7 and 8,Block 12,Manville Addition, commonly known as 426
Bayard Street, Iowa City, Iowa.
4. Mary Lea Leitch,who originally purchased an interest in this property by a
real estate contract from Joseph and Elizabeth Schaaf in January of 1976, has an
equitable interest in the property. Through a series of legal actions,Ms. Leitch .r.caqie
the sole contract vendee and to date continues as the contract vendee on this proprly, ry
FYI
with an equitable interest in 426 Bayard Street. E•
D` cn
03
5. Lewis Investments, Inc. purchased its contract vendor interest in the property
by purchasing the contract from the Schaafs on March 22, 1989.
6. On March 27, 2000, the City of Iowa City prepared a Notice of Declaration of
Dangerous Building and Order to Vacate and Repair or Demolish the property at 426
Bayard Street. The City declared the building a dangerous building pursuant to the 1997
Uniform Code for the Abatement of Dangerous Buildings.
7. The Plaintiff sent a letter dated April 21, 2000 requesting an appeal from that
decision. The appeal was amended by Amendment of Notice to Appeal filed with the
City Clerk on May 8, 2000.
8. A hearing was held before a "hearing committee" of the Iowa City Board of
Appeals on June 20, 2000. The hearing was held after a site inspection of 426 Bayard
Street on that same date.
9. On August 8, 2000, the Secretary of the Board of Appeals submitted a Notice
of Hearing with an attached written report of the Hearing Examiners and a proposed
Decision regarding 426 Bayard Street.
10. The proposed Decision was then the subject of a hearing held on August 15,
2000 before the Iowa City Board of Appeals, which issued its Final Order on August 17,
2000.
11. The final decision of the Board of Appeals found that the property at 426
Bayard Street constituted a dangerous building pursuant to the 1997 Uniform Code for
r--7
the Abatement of Dangerous Buildings. Further, it found that the building could-1).
rrt -T1
repaired and set conditions for the repair of the building.
fl-I
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12. One of the conditions mandated by the Board of Appeals was the requirement
that the property owner "post a performance bond in the amount of 100 per cent of the
assessed value of the property."
13. The decision of the Board of Appeals provides that if the property owner fails
to take steps to repair the property, the City of Iowa City "shall be authorized to demolish
the structure located at 426 Bayard Street, Iowa City, Iowa."
14. The Board of Appeals failed to provide any mechanism for an appeal or for
judicial review. The 1997 Uniform Code for the Abatement of Dangerous Buildings fails
to provide for any appeal or judicial review.
15. Beginning on September 15, 2000, the Plaintiff made attempts, through
counsel, to accomplish two things - first, to obtain an understanding from the City of
Iowa City that it would not impose the strict bonding requirements of the Board of
Appeals decision and, assuming that such a requirement could be suspended or waived,
to provide additional time to finalize a plan to repair the property. However, the City of
Iowa City refused to modify the bonding requirement and granted the Plaintiff an
extension of only one week(until September 25, 2000) to submit an application for a
building permit meeting the requirements of the Board of Appeals.
16. On September 25, 2000, the Plaintiff submitted an application for a building
permit with a proposal for the repair of the property submitted by a contractor, with an
offer to modify the bonding requirement. The offer and the building permit were
rejected.
17. Accordingly, it is the intent of the City of Iowa City to enforce the decision of
0 cn
the Iowa City Board of Appeals by demolishing the home at 426 Bayard Street.
rn 7, ;Tl
:
CAUSES OF ACTION
1. The requirement of the Iowa City Board of Appeals that the Plaintiff submit a
performance bond in the amount of 100 per cent of the assessed value of the property is
arbitrary, unreasonable, and a violation of due process. By demanding that the
application for a building permit include the posting of a performance bond in an amount
equal to the assessed value of the property, the Iowa City Board of Appeals has prevented
the Plaintiff from performing the necessary repairs to prevent the destruction of the
property. In essence, the Board of Appeals decision prevents the Plaintiff from doing
exactly what the Board of Appeals deems possible, the repair of the property. As such,
the decision of the Iowa City Board of Appeals violates Plaintiffs right to procedural and
substantive due process as guaranteed by the Iowa and United States Constitutions.
Further, upon information and belief, the Plaintiff contends that the requirement that he
post a bond in this amount is unique and treats the Plaintiff differently from other
similarly situated individuals or entities. As a result, the decision of the Iowa City Board
of Appeals violates the Plaintiffs equal protection rights as guaranteed by the Iowa and
United States Constitutions. Plaintiff brings these claims pursuant to 42 U.S.C. Section
1983.
2. The failure of the Iowa City Board of Appeals to provide for any further
appeal or judicial review of its decision constitutes a violation of Plaintiffs right to due
process as guaranteed by the Iowa and United States Constitutions. Plaintiff brings this';
claim pursuant to 42 U.S.C. Section 1983. � •
3. The 1997 Uniform Code for the Abatement of Dangerous Buildings fails to ifl
provide any mechanism for further review of the Board of Appeals decision datedApgust,-?
17, 2000, including the inability of the Plaintiff to seek judicial review of that decision.
Accordingly, the Plaintiff requests the Court find that the Iowa City version of the 1997
Uniform Code for the Abatement of Dangerous Buildings is unconstitutional as a
violation of Plaintiffs right to due process pursuant to the Iowa and United States
Constitutions. Plaintiff brings this claim pursuant to 42 U.S.C. Section 1983.
4. By allowing the potential destruction of private property without adequate due
process safeguards and without just compensation, the 1997 Uniform Code for the
Abatement of Dangerous Buildings and the decision of the Iowa City Board of Appeals
violate the provisions of the Iowa and United States Constitutions on the taking of private
property without just compensation. Plaintiff brings these claims pursuant to 42 U.S.C.
Section 1983.
5. By placing unreasonable restrictions upon the Plaintiffs ability to repair the
property, after a finding that the Iowa City Board of Appeals that repair is possible, the
Iowa City Board of Appeals decision deprives the Plaintiff of its property without due
process and without just and adequate compensation, all in violation of the Iowa and
United States Constitutions. Plaintiff brings this claim pursuant to 42 U.S.C. Section
1983.
6. The intent of the City of Iowa City to demolish the property at 426 Bayard
Street constitutes a trespass upon the property.
REMEDIES
1. Since the destruction of the property at 426 Bayard Street is an act th t�us ►
CA
irreparable damage, Plaintiff requests an injunction to be issued by the Court enjoining
the City of Iowa City from enforcing the Board of Appeals decision or otherwise
demolishing or destroying the property at 426 Bayard Street.
2. In addition, Plaintiff seeks a declaratory judgment that the 1997 Uniform
Code for the Abatement of Dangerous Buildings is unconstitutional on its face and as
applied.
3. Further, Plaintiff seeks the imposition of damages caused to the Plaintiff by the
Defendant's conduct in either proposing to or in actually demolishing the property. This
includes claims for the violation of Plaintiffs due process rights.
4. Plaintiff seeks attorney fees, interests and costs as provided by law.
REQUEST FOR JURY
As part of this Petition, Plaintiff requests a jury on all issues triable to a
jury.
WHEREFORE, Plaintiff prays the Court enjoin the Defendant from attempting to
demolish or demolishing the building at 426 Bayard Street, Iowa City, declare the 1997
Uniform Code for the Abatement of Dangerous Buildings, for judgment against the
Defendant for actual damages and for attorney fees, interest and costs as provided by law.
Respectfully submitted,
MARTIN DIAZ LAW FIRM
r-'
o0 a
Ma in A. Diaz 000 9676
528 South Clinton Street P 4 r, --'
Iowa City IA 52240 y
telephone(319)339-4350 -�
facsimile (319)339-4426
Attorney for Plaintiff y
END
OF
CASE
FILE
IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY
BANK OF NEW YORK AS TRUSTEE FOR N0/0 G �Cj
THE BENEFIT OF THE CASE NO. '
CERTIFICATEHOLDERS CWABS,INC.
ASSET-BACKED CERTIFICATES, SERIES ORIGINAL NOTICE
2005-BC4,
Plaintiff,
vs. (]
C
PATRICK D. BRENNEMAN, DAWN R. •
BRENNEMAN,GREENWOOD MANOR,CITY
OF IOWA CITY,IOWA DEPARTMENT OF
HUMAN SERVICES ESTATE RECOVERY
PROGRAM,CRAIG N. WILLIS,ASSET r1•2
ACCEPTANCE LLC,THE CBE GROUP INC.,
AND PARTIES IN POSSESSION,
Defendants.
TO THE ABOVE-NAMED DEFENDANT(S): , >c) e
You are notified that a Petition has been filed in the office of the Clerk of this Court,naming you
as a Defendant in this action. A copy of the Petition(and any documents filed with it)are attached to this
notice.The attorney for the Plaintiff is Brian G. Sayer of the law firm of Dunakey&Klatt,P.C.,whose
address is 531 Commercial St., Suite 700, P.O.Box 2363, Waterloo,Iowa 50704. That attorney's phone
number is(319)232-3304;facsimile number(319)232-3639.
You must serve a motion or answer within 20 days after service of this Original Notice upon you
and,within a reasonable time thereafter, file your motion or answer with the Clerk of Court for Johnson
County,at the Johnson County Courthouse, in Iowa City,Iowa. If you do not,judgment by default may
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 a
disability,immediately call your district ADA coordinator at 319-398-3920. (If you are hearing impaired
call Relay Iowa TTY(800) 735-2942). LRA BEs L ,Y
Clerk of Court
Johnson County Courthouse
Iowa City,Iowa
IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO
PROTECT YOUR INTERESTS.
CC : Cm (C 1 r on C4j
CP
IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY
BANK OF NEW YORK AS TRUSTEE FORRC/
THE BENEFIT OF THE CASE NO. Q dfi 1
CERTIFICATEHOLDERS CWABS, INC.
ASSET-BACKED CERTIFICATES, SERIES
2005-BC4,
FORECLOSURE PETITION
Plaintiff,
vs. -
• =m
PATRICK D. BRENNEMAN, DAWN R. _ , �� 1
BRENNEMAN, GREENWOOD MANOR, 1-1-1
CITY OF IOWA CITY, IOWA DEPARTMENT
OF HUMAN SERVICES ESTATE 7�
RECOVERY PROGRAM, CRAIG N. WILLIS, °\.)
ASSET ACCEPTANCE LLC, THE CBE
GROUP INC.,AND PARTIES IN
POSSESSION,
Defendants.
NOTICE
THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS
MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY
AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN
DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL
BE DELAYED UNTIL SIX MONTHS FROM ENTRY OF JUDGMENT IF THE
MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-
FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE
MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE,BUT
NOT A ONE-FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF
REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE
ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU _
MAY PURCHASE AT THE SALE.
COMES NOW the Plaintiff, and respectfully states to the Court the following as-its cause
of action against the Defendants:
1. The Plaintiff elects to foreclose without redemption pursuant to Iowa Code
Section 654.20. The mortgaged property which is the subject of this action isnot
used for agricultural purposes. The mortgaged property is a one-family or twos
family dwelling.
2. The Plaintiff is a company duly authorized to transact business in the United
States of America.
3. The Defendants, Patrick D. Brenneman and Dawn R. Brenneman, may be a
married couple and are residents of Johnson County, Iowa.
4. The Defendant, Greenwood Manor, is joined as a party to this action because it
may claim some right, title or interest in the property which is the subject of this
action including,but not limited to,by virtue of a Judgment entered in
SCSC062735 in the District Court in and for Johnson County. Any right or
interest the Defendant may have in and to the property which is the subject of this
action is junior and subordinate to the right and interest of the Plaintiff in and to
the property.
5. The Defendant, City of Iowa City, is joined as a party to this action because it may
claim some right,title or interest in the property which is the subject of this action
including, but not limited to,by virtue of a Mortgage recorded in Book 3982, Page
804 in the Johnson County Recorder's Office and a Promissory Note recorded in
Book 4003, Page 49 in the Johnson County Recorder's Office and Judgments
entered in ICSTIC179351 and ICSTA000447 in the District Court in and for
Johnson County. Any right or interest the Defendant may have in and to the
property which is the subject of this action is junior and subordinate to the right
and interest of the Plaintiff in and to the property.
6. The Defendant, Iowa Department of Human Services Estate Recovery Program, is
joined as a party to this action because it may claim some right,title or interest in
the property which is the subject of this action including,but not limited to, by
virtue of a Judgment entered in ESPR027119 in the District Court in and for
Johnson County. Any right or interest the Defendant may have in and to the
property which is the subject of this action is junior and subordinate to the right
and interest of the Plaintiff in and to the property.
7. The Defendant, Craig N. Willis, is joined as a party to this action because he may
claim some right,title or interest in the property which is the subject of this action
including, but not limited to, by virtue of a Judgment entered in ESPR027119 in
the District Court in and for Johnson County. Any right or interest the Defendant
may have in and to the property which is the subject of this action is junior and
subordinate to the right and interest of the Plaintiff in and to the property.
8. The Defendant,Asset Acceptance LLC, is joined as a party to this action because
it may claim some right,title or interest in the property which is the subject ofthis
action including,but not limited to,by virtue of a Judgment entered in
LACV068527 in the District Court in and for Johnson County. Any right or
interest the Defendant may have in and to the property which is the subject of-this_
action is junior and subordinate to the right and interest of the Plaintiff in and-to
the property.
9. The Defendant, The CBE Group Inc., is joined as a party to this action because it
may claim some right,title or interest in the property which is the subject of this
action including,but not limited to,by virtue of a Judgment entered in
SCSC069637 in the District Court in and for Johnson County. Any right or
interest the Defendant may have in and to the property which is the subject of this
action is junior and subordinate to the right and interest of the Plaintiff in and to
the property.
10. The Defendants, Parties in Possession, are made parties to this cause of action
because they may claim some right,title or interest in the property which is the
subject of this action. Any right or interest the Defendants may have in and to the
property which is the subject of this action is junior and subordinate to the right
and interest of the Plaintiff in and to the property.
11. On or about 02/04/2005,the Defendant(s), Patrick D. Brenneman, executed and
delivered to Intervale Mortgage Corporation one certain Promissory Note in the
principal sum of$136,000.00. A copy of the Note is attached hereto as Exhibit
"A"and incorporated herein by this reference.
12. To secure payment of the Note, the Defendant(s), Patrick D. Brenneman and
Dawn R. Brenneman, executed and delivered to Mortgage Electronic Registration
Systems,Inc. as nominee for Intervale Mortgage Corporation one certain
Purchase Money Mortgage dated 02/04/2005, which Mortgage was filed on
02/08/2005, in Book 3842, Page 420 in the records for Johnson County, upon the
following described real estate,to-wit:
Lot One Hundred Three (103) in Part VI -Village Green, an Addition to Iowa
City, Iowa, according to the plat thereof recorded in Plat Book 16, Page 8, Plat
Records of Johnson County, Iowa.
13. A copy of the Mortgage together with the Recorder's Certificate thereon is
attached hereto as Exhibit"B" and by this reference incorporated herein.
14. Plaintiff is the successor by assignment from Mortgage Electronic Registration
Systems, Inc. as nominee for Intervale Mortgage Corporation.
15. The Mortgage and Note provide that in the case of default,the holder may declare
the entire principal, and the interest accrued thereon, due and payable and the
Mortgage may be foreclosed.
16. The Defendant(s), Patrick D. Brenneman and Dawn R. Brenneman, have failed to -
pay the principal and interest thereon as provided by the terms of the Note. -_-
J
17. By reason of the failure to pay the principal and interest,the Plaintiff has elected
and does hereby elect, in accordance with the terms and conditions of the Note
and Mortgage,to declare the whole of the Note due and payable forthwith and to
exercise its right to enforce payment of the entire Note as provided by the Note
and to foreclose the Mortgage given to secure the same.
18. The unpaid balance due on the Note after allowing all credits due to the
Defendants is the principal balance of$133,442.46, plus interest to 03/17/2008 in
the amount of$9,175.89. Interest accrues on the said sum at the rate of$46.11
per day.
19. In order to commence this foreclosure proceeding the Plaintiff has expended the
following costs: report of title costs $225.00, escrow advance of$137.98,
inspection fees of$45.00, late charges of$429.42,to all which sums the Plaintiff
is entitled to judgment against the property with interest at the rate of 12.44%per
annum,plus costs and accruing costs including,but not limited to, any and all
advances made by the Plaintiff for taxes, insurance,property preservation and
other costs between the time of the Foreclosure Decree and the time of Sheriff's
Sale, including reasonable attorney's fees.
20. The Plaintiff is the owner and holder of the Note and Mortgage, due demand has
been made for payment, and payment has been refused.
21. Under the terms of the Mortgage a receiver may be appointed.
22. The Plaintiff, or its predecessor in interest or servicing agent, gave a Notice of
Right to Cure and more than 30 days have elapsed since the notice was given. A
copy of said Notice is attached hereto as Exhibit"C" and incorporated herein by
this reference.
23. The Plaintiff hereby waives its right to a deficiency judgment.
24. Under the terms of said Note and Mortgage,the Defendant(s),Patrick.D.
Brenneman and Dawn R. Brenneman, have agreed to pay reasonable attorney
fees and all costs in connection with the proceeding to enforce or foreclose the
Mortgage. Attached hereto as Exhibit"D", and incorporated herein by this
reference, is an Affidavit of Attorney's Fees as required by Iowa Code §625.22
(2005).
WHEREFORE,the Plaintiff, prays for judgment in rem against the real estate described
above for the principal balance of$133,442.46,plus interest to 03/17/2008 in the amount of
$9,175.89,plus continuing interest,which accrues on the said sum at the rate of 12.44% per
annum and in the amount of$46.11 per day; for the costs of this action including report of title
$225.00, escrow advance $137.98, inspection fees of$45.00, late charges $429.42,plus
reasonable attorney's fees and additional sums for continuing the abstract of title or other
purposes authorized by said Note and Mortgage and by Iowa law; that said sums be declared a
lien upon the premises above described from 02/04/2005,the date of the Plaintiff's mortgage,
prior and superior to any right,title, lien or interest of the Defendants or any of them therein;that
the Plaintiff's Mortgage be foreclosed;that any right,title, lien or interest of the Defendants or
any of them in said property be declared junior and inferior to the lien of Plaintiff's Mortgage;
that a special execution issue for the sale of the mortgaged premises or so much thereof as may
be necessary to satisfy the judgment including interest, costs and accruing costs including, but
not limited to, any and all advances made by the Plaintiff for taxes, insurance, property
preservation and other costs between the time of the Foreclosure Decree and the time of Sheriff s
sale,and that from and after said sale under special execution, the right,title, lien or interest of
the Defendants in and to the mortgaged premises be forever cut off,barred and foreclosed, and
the purchaser at said sale take free and clear of any right,title, lien or interest of the Defendants
or any of them.
The Plaintiff further prays for a Writ of Possession to be issued under the seal of this
Court, directed to the Sheriff of Johnson County, Iowa, commanding him to put the purchaser at
said sale under special execution, or a successor in interest, in possession of the premises; and
that a receiver be appointed to take charge of the mortgaged premises during the period of
foreclosure for the purpose of preserving the mortgaged premises for the benefit of all concerned.
The Plaintiff further prays for such other and further relief as the Court may deem just
and equitable under the circumstances.
Respectfully submitted,
DUNAKEY : ' IAT r, P.C.
s
Brian G. Sayer A 0006893
Amy R. Dollash T000: •.5
531 Commercial ., te. 700
P.O. Box 2363
Waterloo, IA 50701
319-232-3304
319-232-3639 (fax)
Attorneys for the Plaintiff
q (7 (5 f 6 51 on Number 2280050121080
j1ir'D CtiTlFl�COSY 1 JUSTABLE RATE NOTE
(LIBOR 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.
FEBRUARY 4 ,2005 IOWA CITY , IOWA EXHIBIT
[bete) • [City] (State) y,
1132 VILLAGE FARM COURT,IOWA CITY,IOWA 52240 5
[Property Address)
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received;I promise to pay U.S.$136,000.00(this amount is called"Principal"),
plus interest, to the order of the Lender,The Lender is Intervale Mortgage Corporation.I will make all payments
under this Note in the form of cash,check or money order.
I understand that the Lender may transfer this Note.The Lender or anyone who takes this Note by transfer and
who is entitled to receive payments under this Note is called the"Note Holder."
2. INTEREST •
Interest will be charged on unpaid principal until the full amount of Principal has been paid.I will pay interest at a
yearly rate of 8.44%.The interest rate I will••pay may change in accordance with Section 4 of this Note.
The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after
any default described in Section 7(B)of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payments on the 41I'$day of each month beginning on MARCH 4,2005.I will make these
payments every month until I have paid all of the principal and interest and any other charges described below that 1
may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to
interest before Principal.If,on FEBRUARY 4,2035,I still awe 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 815 Reservoir Avenue,Cranston,Rhode Island 02910 or at a different place
if required by the Note Holder.
(B) Amount of My Initial Monthly Payments
Each of my initial monthly payments will be in the amount of U.S.$1,039.95.This amount may change.
(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 Note 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 4TH day of FEBRUARY,2007 and on that day every sixth 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 average of
interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as
published in The Wall Street Journal.The most recent Index figure available as of the first business day of the month
immediately preceding the month in which the Change Date occurs is called the"Current Index."
If the Index is no longer available, tie Note Holder will choose a new index that 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 EIGHT AND
19/100THS percentage points (8.19%) 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 11.44%or less than 8.44%.
Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one
percentage point (1%)from the rate of interest I have been paying for the preceding six months.My interest rate will
never be greater than 14.44%or less than 8.44%.
(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 NOTE(LIBOR Index)—Sloale Fon ity--Preddle Mae MODIFSEDINSTRUM1 rNr Penn 3590 1/01 (page t of 3 pages)
II1Iu11111111111111111111111111111111111111111111IIIII11111111111111111111111111VI1111
(F) Notice of Changes • •
The Note Holder wiII 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 to 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 not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying any Prepayment charge.The Note Holder
will use my Prepayments to reduce the amount of Principal that I owe under this Note.However,the Note Holder
may apply my Prepayment to the accruedand unpaid interest on the Prepayment amount before applying my
Prepayment to reduce the Principal amount of the 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: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;
and (b) any sums already collected from Inc 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.Pnincipal,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 l u'T'LrEN calendar days
after the date it is due, I will pay a late charge to the Note Holder.The amount of the charge will be 5.0%of my
overdue 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.
(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 30 days after the date on which
the notice is mailed to me or delivered by other.means.
(D) No Waiver by Note Holder
Even if, at a time 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 Elcpenses
If the Note Holder has required me'to pay 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 delivering it or 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,tach 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 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 that 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:
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MULTISTATE ADJUSTABLE RATE NOTE(LIBOR Index)—Sipale Family—Freddie Mae MODIFIED INSTRUMENT Form 3590 1/01 (page 2 of 3 pages)
Transfer of the Propert a Beneficial Interest in Borrower. If allltny part of the Property or any
Interest in the Property is sol or transferred(or if Borrower is not a natural person and a beneficial interest in
Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate
payment in full of all sums secured by this Security Instrument.However,this option shall not he exercised by
Lender if such exercise is prohibited by Applicable Law. 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 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 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 30 days from the date the notice is given in
accordance with Section 15 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.
WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED.
A 'Di '-r—"----_ (Seal)
PATRICK D.BRENNEMAN -Borrower
(Seal)
-Borrower
• (Seal)
-Borrower
[Sign Original Only]
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MULTISTATE ADJUSTABLE RATE NOTE(LIBOR Index)—Single Family--Freddie Mac MODIFIED INSTRUMENT Sora 3590 1/01 (pose 3 of 3 pages)
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Loan Number 2280050121080
PREPAYMENT RIDER TO NOTE
THIS PREPAYMENT RIDER is made this 4TH day of FEBRUARY ,2005 ,
and is incorporated into and shall be deemed to amend and supplement the Note of the same date given by
the undersigned(the"Borrower")in favor of Intervale Mortgage Corporation(the"Lender").
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 not designate a payment as a Prepayment if I have not made all the
monthly payments due under the Note.
I may make a partial prepayment withbut paying any prepayment charge.If I make a full prepayment
within one (1) year of the date of this Note,I agree to pay a prepayment charge of 5%of the original
principal amount of the loan;if I make a full prepayment more than one(1)year but within two(2)years
of the date of this Note,I agree to pay a prepayment charge of 5%of the original principal amount of the
loan. The Note Holder will use my prepayments to reduce the amount of principal that I owe under this
Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the
Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note.If I
make a partial prepayment, there will be no changes in the due date or in the amount of my monthly
payment 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.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this
Prepayment Rider.
PATRICK D.BRENNEMAN -Borrower
(Seal)
-Borrower
• (Seal)
-Borrower
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IOWA PREPAYMENT RIDER-ADJUSTABLE RATE,FIRST MORTGAGE
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EXHIBIT
i hereby certify this
doctrue
and ument is a correct copy of
After Recording Return To: I��
Decision One Mortgage Company,LLC x /L262O
Servicing Agent for Intervale Mortgage Corporation
6060 I.A.Jones Drive,Suite 800
Charlotte,North Carolina 28287
Prepared By: JANET JONES, PARK PLACE W 6465 WAYZATA BLVD,STE 970,6465 Wayzata Blvd.,Suite 970,ST.
LOUIS PARK,MINNESOTA 55426' Phone: (952)225-1700
•
[Space Above This Line For Recording Data]
Loan Number 2280050121080
MIN: 100077910003373137
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18,20
and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16.
(A) "Security Instrument" means this document, which is dated FEBRUARY 4, 2005, together with all Riders to this
document. .
(B) "Borrower" is PATRICK D. BRENNEMAN AND DAWN R.BRENNEMAN,HUSBAND AND WIFE.Borrower is
the mortgagor under this Security Instrument.
(C) "MFRS." is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a
nominee for Lender and Lender's successors and assigns. MFRS is the mortgagee under this Security Instrument. MERS is
organized and existing under the laws of Delaware, ar.d has an address and telephone number of P.O. Box 2026,Flint,MI
48501-2026,tel.(888)679-MERS.
(D) "Lender" is Intervale Mortgage Corporation. Lender is a CORPORATION organized and existing under the laws of
RHODE ISLAND.Lender's address is 815 RESERVOIR AVENUE,CRANSTON,RHODE ISLAND 02910.
(E) "Note" means the promissory note signed by Borrower and dated FEBRUARY 4,2005.The Note states that Borrower
owes Lender ONE HUNDRED FHIRTY-SIX THOUSAND AND 00/100ths Dollars (U.S.$136,009.00) plus interest.
Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than FEBRUARY 4,
2035.
(F) "Property"means the property that is described below under the heading "Transfer of Rights in the Property."
(G) "Loan" means the debt evidenced by the Note,plus interest,any prepayment charges and late charges due under the Note,
and all sums due under this Security Instrument,plus interest.
(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be
executed by Borrower[check box as applicable]:
®Adjustable Rate Rider ❑Condominium Rider OSecond Home Rider
0 Balloon Rider ®Planned Unit Development Rider 0 Other(s)[specify]
❑1-4 Family Rider ❑Biweekly Payment Riper
•
1111111 1111 IllIOWA—Single
l lllil Family—Fannie
' Mae/Freddie
1IIIIIUNIFORM
IIl NI Form 30I6 1/01 page 1 of 11 pages)
MEI'II II( IIIIII [IIIIIII lII[II III II 11111
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(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders(that have the effect of law)as well as all applicable final,non-appealable judicial opinions.
(3) "Community Association Dues, Fees, and Assessments" means all dues, fees,assessments and other charges that are
imposed on Borrower or the Property by a condominium association,homeowners association or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds,other than a transaction originated by check,draft,or similar
paper instrument, which is initiated through an electronic terminal,telephonic instrument,computer,or magnetic tape so as to
order, instruct, or authorize a financial institution to debit or credit an account. Such term includes,but is not limited to,
point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone,wire transfers,and automated
clearinghouse transfers.
(L) "Escrow Items"means those items that are described in Section 3, •
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages,or proceeds paid by any third party
(other than insurance proceeds paid under the coverages described in Section 5) for: (i)damage to,or destruction of,the
Property; (ii) condemnation or other taking of all or any part of the Property;(iii)conveyance in lieu of condemnation;or(iv)
misrepresentations of,or omissions as to,the value and/or condition of the Property.
(N) "Mortgage Insurance"means insurance protecting Lender against the nonpayment of,or default on,the Loan.
(0) "Periodic Payment" means the regularly scheduled amount due for(i)principal and interest under the Note,plus(Ii)any
amounts under Section 3 of this Security Instrument,
(P) "RESPA" means the Real Estate Settlement Procedures Act(12 U.S.C. 4 2601 et seq.)and its implementing regulation,
Regulation X (24 C.F.R.Part 3500),as they might be amended from time to time,or any additional or successor legislation or
regulation that governs the same subject matter. As used in this Security instrument, "RESPA"refers to all requirements and
restrictions that are imposed in regard to a"federally related mortgage loan°even if the Loan does not qualify as a'federally
related mortgage loan"under RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken tide to the Property,whether or not that party has
assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (I)the repayment of the Loan,and all renewals,extensions and modifications of the
Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note: For this
purpose, Borrower irrevocably mortgages,grants and conveys to MFRS(solely as nominee for Lender and Lender's successors
and assigns) and to the successors and assigns of MERS,with power of sale,the following described property located in the
County of JOHNSON
[Type of Recording Jurisdiction] [Name of Recording Jurisdiction]
Lot One Hundred Three(103)in Part VI-Village Green,an Addition to
Iowa City,Iowa,according to the plat thereof recorded in Plat Book 16,
Page 8,Plat Records of Johnson County,Iowa.
THIS IS A PURCHASE MONEY MORTGAGE •
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which currently has the address of 1132 VILLAGE FARM COURT'
(Street]
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IOWA CITY ,Iowa 52240 ("Property Address"): • p_
[City] • (Zip Code] { ,'�.CV)
IOWA-,Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3016 1/01 1pagee22 o11 f pages)
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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 understands and agrees that MERS
holds only legal title to the interests granted by Borrower in this Security Instrument,but,if necessary to comply with law or
custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right:to exercise any or all of those
interests, including, but not limited to, the right to foreclose and sell the Propert ;and to take any action required'of Lender
including,but not limited to,releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to 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 combineg 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, Interest, Escrow Items,Prepayment Charges,and Late Charges.Borrower shall pay when
due the principal of,and interest on,the debt evidenced by the Note and any prepayment charges and late charges due under the
Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security
Instrument shall be made in U.S.currency. However,if any check or other instrument received by Lender as payment under the
Note or this Security Instrument is returned to Lender unpaid,Lender may require that any or all subsequent payments due under
the Note and this Security Instrument be made in one or more of Use following forms,as selected by Lender:(a).cash;(b)money
order; (c)certified check,bank check,treasurer's check or cashier's check,provided any such check is drawn upon an institution
whose deposits are insured by a federal agency,instrumentality,or entity;or(d)Electronic Funds Transfer.. I,
Payments are deemed received by Lender when received at the location designated in the Note or at such other;locption as
may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial
payment if the payment or partial payments are insufficient to bring the Loan current.Lender may accept any payment or partial
payment insufficient to bring the Loan current,without waiver of any rights hereunder or prejudice to its rights to refuse such
payment or.partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date,then Lender need not pay interest on unapplied
funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not
do so within a reasonable period of time, Leriuer shall either apply such funds or return them to Borrower. If not applied
earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No
offset or claim which Borrower might have now'or in the future against Lender shall relieve Borrower from making payments
due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2,all payments accepted and
applied by Lender shall be applied in the following order of priority: (a)interest due under the Note;(b)principal due under the
Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it
became due. Any remaining amounts shall be applied first to late cparges,second to any other amounts due under this Security
Instrument,and then to reduce Ate principal balance of the Nole.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay
any late charge due, the payment may be applied to the,delinquent payment and the late charge. If more than one Periodic
Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if,
and to the extent that,each payment can be paid in full. To the extent that any excess exists after the payment is applied to the
full payment of one or more Periodic Payments,such excess may be applied to any late charges due. Voluntary prepayments
shall be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not
extend or postpone the due date,or change the amount,of the Periodic Payrrients.
' 3. Funds for Escrow Items.Borrower shall pay to Lender oa the day Periodic Payments are due under the Note,until the
Note is paid in full,a sum(the"Funds")to provide for payment of amounts due for:(a)taxes and assessments and other items
which can attain priority over this Security Instrument as a lien or encumbrance on the Property;(b)leasehold payments or
ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and(d)
Mortgage Insurance premiums,if any,or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance
101.4)
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IOWA--Singie Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3016 1/01 (page 3 of 'ages)
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premiums in accordance with the provisions of Section 10. These items are called"Escrow Items." At origination or at any
time during the term of the Loan, Lender may require that Community Association Dues,Fees,and Assessments,if any,be
escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to
Lender all notices of amounts to'be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless
Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to
pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such
waiver, Borrower shall pay directly, when and where payable,the amounts due for any Escrow Items for which payment of
Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within
such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all
purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase"covenant and
agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly,pursuant to a waiver,and Borrower fails
to pay the amount due for an Escrow Item,Lender may exercise its rights under Section 9 and pay such amount and Borrower
shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all
Escrow Items at any time by a notice given in accordance with Section 15 and,upon such revocation,Borrower shall pay to
Lender all Funds,and in such amounts,that are then required under this Section 3.
Lender may,at any time,collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time
specified under RESPA, and(b)not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate
the amount of Funds due on the basis of current 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, if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank. Lender shall
apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for
holding and applying the Funds, annually analyzing the escrow account,or verifying the Escrow Items,unless Lender pays
Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in
writing or Applicable Law requires interest to be paid on the Funds,Lender shall not be required to pay Borrower any interest
or earnings on the Funds. Borrower and Lender can agree in writing,however,that interest shall be paid on the Funds. Lender
shall give to Borrower,without charge,an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow,as defined under RESPA,Lender shall account to Borrower for the excess
funds in accordance with RESPA. If there is a shortage of Funds held in escrow,as defined under RESPA,Lender shall notify
Borrower as required by RESPAA,and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance
with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow,as defined under
RESPA, Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make
up the deficiency in accordance with RESPA,but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly refund to Borrower any Funds
held by Lender.
4. Charges; Liens. Borrower shall pay all taxes,assessments,charges,fines,and impositions attributable to the Property
which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property,if any,and
Community Association Dues, Fees, and Assessments,if any. To the extent that these items are Escrow Items,Borrower shall
pay them in the manner provided in Section 3.
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,but only so long as Borrower is
performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in,legal
proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending,but
only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender
subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which
can attain priority over this Security Instrument,Lender may give Borrower a notice idehtifying the lien. Within 10 days of the
date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this
Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by
Lender in connection with this Loan.
IOWA--Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3016 1/01 (page 4 of ages)
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5. 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,but not limited to,
earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts(including
deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can
change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to
Lender's right to disapprove Borrower's choice,which right shall not be exercised unreasonably. Lender may require Borrower
to pay, in connection with this Loan, either: (a) a one-timecharge for flood zone determination,certification and tracking
services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time
remappings or similar changes occur which reasonably.tnight affect such determination or certification. Borrower shall also be
responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection•with the review
of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above,Lender may obtain insurance coverage,at Lender's
option and Borrower's expense. Lender is udder no obligation to purchase any particular type or amount of coverage.
Therefore,such coverage shall cover Lender,but might or might not protect Borrower,Borrower's equity in the Property,or the
contents of the Property,against any risk,hazard or liability and might provide greater or lesser coverage than was previously in
effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional
debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable,with.such interest,upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such
policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee.
Lender shall have the right to hold the policies and renewal certificates. If Lendei requires,Borrower shall promptly give to
Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage,not otherwise
required by Lender, for damage to, or destruction of,the Property,such policy shall include a standard mortgage clause and
shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss
if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,any insurance proceeds,whether or
not the underlying insurance was required by Lender,shall be applied to restoration or repair of the Property,if the restoration
or repair is economically feasible and Lender's security is not'lessened.During such repair and restoration period,Lender shall
have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work
has been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly. Lender may disburse
•
proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless
an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds,Lender shall not be
required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters,or other third parties,retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. 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 by this Security Instrument, whether or not then due, with the excess, if any,paid to Borrower. Such insurance
proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property,Lender may file,negotiate and settle any available insurance claim and related matters.
If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim,then
Lender may•negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event,or if Lender
acquires the Property under Section 22 or otherwise,Borrower hereby assigns to Lender(a)Borrower's rights to any insurance
proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument,and(b)any other of
Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower)under all insurance policies
covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance
proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or
not then due. ,
6. Occupancy. Borrower shall occupy, esteblish, and use the Property as Borrower's principal residence within 60 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 after 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.
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IOWA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3016 1/01 (page 5. 11 pages)
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7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy,damage or
impair the Property,allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in
the Property,Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due
to its condition. Unless it is determined pursuant t0 Section 5 that repair or restoration is not economically feasible,Borrower
shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds
are paid in connection with damage to,or the taking of,the Property,Borrower shall be responsible for repairing or restoring
the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and
restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation
proceeds are not sufficient to repair or restore the Property,Borrower is not relieved of Borrower's obligation for the completion
of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,Lender
may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such
an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if,during the Loan application process,Borrower or any
persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false,
misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information)in
connection with the Loan. Material representations include, but are not limited to,representations concerning Borrower's
occupancy of the Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument.If(a)Borrower fails to
perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might
significantly affect Lender's interest in the Property and/or rights under this Security Instrument(such as a proceeding in
bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security
Instrument or to enforce laws or regulations), or (c)Borrower has abandoned the Property,then'Lender may do and pay for
whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument,
including protecting and/or assessing the value of the Property,and securing and/or repairing the Property. Lender's actions can
include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument;(b)
appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this
Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes,but is not
limited to,entering the Property to make repairs,change locks,replace or board up doors and windows,drain water from pipes,
eliminate building or other code violations or dangerous conditions,and have utilities turned on or off. Although Lender may
take action under this Section 9,Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that
Lender incurs no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security
Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,with such
interest,upon notice from Lender to Borrower requesting payment.
If 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.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,Borrower shall pay
the premiums required to maintain the Mortgage Insurance in effect. If, for any reason,the Mortgage Insurance coverage
required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was
required to make separately designated payments toward the premiums for Mortgage Insurance, 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 selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available,Borrower shall continue to
pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in
effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such
loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full,and Lender shall not be
required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if
Mortgage Insurance coverage (in the amount and for the period that Lender requires)provided by an insurer selected by Lender
again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage
Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make
separately designated payments toward the premiums for Mortgage Insurance,Borrower shall pay the premiums required to
maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve,until Lender's requirement for Mortgage
Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until
termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay.interest at the ate
provided in the Note.
IOWA—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3016 1/01 (page 6 o I/ ages)
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Mortgage Insurance reimburses Lender (or any entity that purchases the Note)for certain losses it may incur if Borrower
does not repay the Loan as agreed.Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time,and may enter into agreements
with other parties that share or modify their risk; or reduce losses. These agreements are on terms and conditions that are
satisfactory to the mortgage insurer and the other party (or parties)to these agreements.These agreements may require the
mortgage insurer to make payments using any source of funds that the mortgage insurer may have available(which may include
funds obtained from Mortgage Insurance premiums).
As a result of these agreements,Lender,any purchaser of the Note,another insurer;any reinsurer,any other entity,or any
affiliate of any of the foregoing,may receive(directly or indirectly)amounts that derive from(or might be characterized as)a
portion of Borrower's payments for Mortgage Insurance,in exchange for sharing or modifying the mortgage insurer's risk,or
reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share
of the premiums paid to the insurer,the arrangement is often termed"captive reinsurance."Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance,or any
other terms of' the Loan.Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,and
they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has-if any-with respect to the Mortgage Insurance
under the Homeowners Protection Act of 1998 or any other law.These rights may include the right to receive certain
disclosures, to request and obtain cancellation of the Mortgage Insurance,to have the Mortgage Insurance terminated
automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such
cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture,All Miscellaneous Proceeds are hereby assigned to and shall be
paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property,if the
restoration or repair is economically feasible and Lender's security is not lessened.During such repair and restoration period,
Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to
ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.
Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is
completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous
Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the
restoration or repair is not economically.feasible or Lender's security would be lessened,the Miscellaneous Proceeds shall be
applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any, paid to Borrower.
Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
In the event of a total taking,destruction,or loss in value of the Property,the Miscellaneous Proceeds shall be applied to
the sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower.
In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property
immediately before the partial taking,destruction,or loss in value is equal to or greater than the amount of the sums secured by
this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender
otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous
Proceeds multiplied by the following fraction: (a)the total amount of the sums secured immediately before the partial taking,
destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking,
destruction,or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking,destruction,'or loss In value of the Property in which the fair market value of the Property
immediately before the partial taking, destruction, •or loss in value is less than the amount of the sums secured immediately
before the partial taking,destruction,or loss in value,unless Borrower and Lender otherwise agree in writing,the Miscellaneous
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 Opposing Party(as defined in
the next sentence) offers to make an award to settle a claim for damages,Borrower fails to respond to Lender within 30 days
after the date'the notice is given,Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or
repair of the Property or to the sums secured by this Security Instrument,whether or not then due. "Opposing Party"means the
third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to
Miscellaneous Proceeds. /6/
IOWA—Single Family—Fannie Mae/Freddie Mac UNIFORM INST1tUMLNl' Form 3016 1/01 (page 7 of lifges)
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Borrower shall be in default if any action or proceeding,whether civil or criminal,is begun that,in Lender's judgment,
could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this
Security Instrument. Borrower can cure such a default and,if acceleration has occurred, reinstate as provided in Section 19,by
causing the action or proceeding to be dismissed with'a ruling that,in Lender's judgment,precludes forfeiture of the Property or
other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any
award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and
shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order
provided for in Section 2.
12. 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 Borrower or any Successor in Interest of
Borrower shall not operate to release the liability of Borrower or any Successors In Interest of Borrower. Lender shall not be
required to commence proceedings against any Successor in Interest of Borrower or to 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
Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including,
without limitation, Lender's acceptance of payments from third persons,entities or Successors in Interest of Borrower or in
amounts less than the amount then due,shall not be a waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that
Borrower's obligations and liability shall be joint and several. However,any Borrower who co-signs this Security Instrument
but does not execute the Note(a"co-signer"):(a)Is co-signing this Security Instrument only to mortgage,grant and convey the
co-signer's interest in the Property under the tens 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 can agree to extend,modify,forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent.
Subject to the provisions of Section 18,any Successor in Interest of Borrower who assumes Borrower's obligations under
this Security Instrument in writing, and is approved by Lender,shall obtain all of Borrower's rights and benefits under this
Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument
unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind(except as
provided in Section 20)and benefit the successors and assigns of Lender.
14.Loan Charges.Lender may charge Borrower fees for services performed in connection with Borrower's default,for the
purpose of protecting Lender's interest in the Property and rights under this Security Instrument,including,but not limited to,
attorneys' fees, property inspection and valuation fees. In regard to any other fees,the absence of express authority in this
Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee.
Lender may not charge fees that are expressly prohiaited by this Security Instrument or by Applicable Law.
If the Loan 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 permitted limits,then:(a)any such loan
charge shall be reduced by the amount necessary.to reduce the charge to the permitted limit;and(b)any sums already collected
from Borrower which exceeded permitted limits,'will be refunded to Borrower. Lender may choose to make this refund by
reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the
reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is
provided for under the Note), Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a
waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or,Lender in connection with this Security Instrument must be in writing. Any
notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by
first class mail or when actually delivered to Borrower's notice,address If sent by other means. Notice to any one Borrower shall
constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property
Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender
of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address,then Borrower
shall only report a change of address through that specified procedure. There may be only one designated notice address under
this Security Instrument at any one time. Any notice to Lender shall•be given by delivering it or by mailing it by first class mail
to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection
with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice
required by this Security Instrument is also required under Applicable Law,the Applicable Law requirement will satisfy the
corresponding requirement under this Security Instrument.
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IOWA-Single Family—Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3016 1/01 (page 8 of II p s)
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16. Governing Law; Severability;Rules of Construction.This Security Instrument shall be governed by federal law and
the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are
subject to any requirements and limitations-of Applicable Law. Applicable Law might explicitly or implicitly allow the parties
to agree by contract or it might be silent,but such silence shall not be construed as a prohibition against agreement by contract.
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.
As used in this Security Instrument:(a)words of the masculine gender shall mean and include corresponding neuter words
or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa;and(c)the word
"may"gives sole discretion without any obligation to take any action.
17. Borrower's Copy. Borrower shall be given,one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower.As used in this Section 18,"Interest in the Property"
means any legal or beneficial interest in the Property,including,but not limited to,those beneficial interests transferred in a
bond for deed, contract for deed, installment sales contract or escrow agreement,the intent of which is the transfer of title by
Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person
and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require
immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by
Lender if such exercise is prohibited by Applicable Law.
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'given in accordance with Section 15 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.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,Borrower shall have the
right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of:(a)five days before sale of
the Property pursuant to any power of sale contained in this Security Instrument;(b)such other period as Applicable Law might
specify for the termination of Borrower's right to reinstate;or(c)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'fees,property inspection and valuation
fees, and other fees incurred for the purpose Of protecting Lender's interest in the Property and rights under this Security
Instrument; and(d)takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights .
under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument,shall continue
unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms,
as selected by Lender:(a)cash;(b)money order;(c)certified check,bank check,treasurer's check or cashier's check,provided
any such check is drawn upon an institution whose deposits are insured by a federal agency,instrumentality or entity;or(d)
Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall
remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of
acceleration under Section 18.
20. Sale of Note;Change of Loan Servicer;Notice of Grievance.The Note or a partial interest in the Note(together with
this Security Instrument)can be sold one or more times without prior notice to Borrower. A sale might result in a change in the
entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and
performs other mortgage loan servicing obligations under the Note,this Security Instrument,and Applicable Law, There also
might 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 which will state the name and address of the new Loan Servicer,the address
to which payments should be made and any other information RESPA requires in connection with a notice of transfer of
servicing. If the Note is sold and thereafter the.Loan is serviced by a Loan Servicer other than the purchaser of the Note,the
mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan
Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser.
/ 1
IOWA-Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3016 1/01 (page 9 11 pages)
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Neither Borrower nor Lender may commence,join,or be joined to any judicial action(as either an individual litigant or the
member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other
party has breached any provision of,or any duty owed by reason of,this Security Instrument,until such Borrower or Lender has
notified the other party (with such notice given in compliance with the requirements of Section 15)of such alleged breach and
afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law
provides a time period which must elapse before certain action can be taken,that time period will be deemed to be reasonable for
purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the
notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take
corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a)"Hazardous Substances"are those substances defined as toxic
or hazardous substances, pollutants, or wastes by Environmental Law and the following substances:gasoline,kerosene,other
flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
formaldehyde, and radioactive materials; (b) "Environmental Law"means federal laws and laws of the jurisdiction where the
Property is located that relate to health, safety or environmental protection;(c)"Environmental Cleanup"includes any response
action, remedial action, or removal action, as defined in Environmental Law;and(d)an"Environmental Condition"means a
condition that can cause,contribute to,or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances,or threaten
to release any Hazardous Substances, on or in the Property. Borrower shall not do,nor allow anyone else to do,anything
affecting the Property (a) that is in violation of any Environmental Law,(b)which creates an Environmental Condition,or(c)
which, due to the presence,use,or release of a Hazardous Substance,creates a condition that adversely affects the value of the
Property. The preceding two sentences shall nm 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(including,but not limited to,hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of(a)any investigation,claim,demand,lawsuit or other action by any
govenunental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law
of which Borrower has actual knowledge, (b)any Environmental Condition,including but not limited to, any spilling,leaking,
discharge, release or threat of release of any Hazardous Substance,and(c)any condition caused by the presence,use or release
of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any
governmental or regulatory authority, or any private party,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. Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. 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 Section 18 unless Applicable
Law provides otherwise). The notice shall specify: (a)the default; (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 he 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 a)id may foreclose this Security Instrument by judicial proceeding. Lender
shall he entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22,including,but not
limited to,reasonable attorneys'fees and costs of title evidence.
23. Release. Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument.
Lender may charge Borrower a fee for releasing this Security Instrument,but only if the fee is paid to a third party for services
rendered and the charging of the fee is permitted under Applicable Law.
24, 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.
IOWA--Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3016 1/01 (page 10 of II ges)
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25. HOMESTEAD EXEMPTION WAIVER. I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY
CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE;AND THAT
BY SIGNING THIS MORTGAGE, I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS
MOR GAGED PROPERTY WITH RESPECT To'CLAIMS BASED UPON THIS MORTGAGE.
/I batee]
PATRI D.B +
41
IAA t r/!. . . � 1'-• L/r9
De' R.B ' `Date]
26. 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 Section 26 shall be
construed to conform to the provisions of Sections 628.26 and 628.27 of the Code of Iowa.
IMPORTANT: READ BEFORE SIGNING.THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY
BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE.NO OTHER TERMS OR ORAL PROMISES
NOT CONTAINED IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED.YOU MAY CHANGE THE
TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and
in any Rider executed by Borrower and recorded with it.
Witnesses: V
• � K1— -=� �?lJnMplt/`--
PATRIC D.BRE N -Borrower
e/ I11 ill (Seal)
iA . ' V .Y . -Borrower
_(Seal) (Seal)
• .Bartowv -narrower
State of IOWA ) .
)ss.
County of JOHNSON ) •
On this 4TH day of FEBRUARY, A.D. 2005, before me,a notary public in and for said county,personally appeared
PATRICK D. BRENNEN/AN AND DAWN R.BRENNEMAN, ' SBAND AND WIFE,to me personally known to be the
person(s) named in and who executed the foregoing instrument, :y, acknowledged that he/she/they executed the same as
his/her/their voluntary act and deed. _
(Seal) .rs'"r LANE M.LAFLER ' t%
Ir Commission Number 164080 Nota '4{n the State of �Lry/C1
• ilei My Ccmm6gslogp4aa
iaw �JtI S LI(}'S
IOWA-Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3016 1/01 @age I!of Il pages)
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Loan Number 2250050121080
PLANNED UNIT DEVELOPMENT RIDER
THIS PLANNED UNIT DEVELOPMENT RIDER is made this 4TH day of FEBRUARY,2005,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 Note to Intervale Mortgage Corporation (the "Lender") of the same date and covering the
Property described in the Security Instrument and located at:
1132 VILLAGE FARM COURT,IOWA CITY,IOWA 52240
' [Property Address)
The Property includes, but is not limited to, a parcel of land improved with a dwelling,together with
other such parcels and certain common areas and facilities,as described in
(the"Declaration").The Property is a part of a planned unit development known as
VILLAGE GREEN
[Name of Planned Unit DevclopmcntJ
(the "PUD"). The Property also includes Borrower's interest in the homeowners association or equivalent
entity owning or managing the common areas and facilities of the PUD(the"Owners Association')and
the uses,benefits and proceeds of Borrower's interest.
FUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument,
Borrower and Lender further covenant and agree as follows:
• A. PUD Obligations. Borrower shall perform all of Borrower's obligations under the PUD's
Constituent Documents. The "Constituent Documents" are the: (i) Declaration; (ii)articles of
incorporation, trust instrument or any equivalent document which creates the Owners Association;
and (iii) any by-laws or other rules or regulation§s of the Owners Association. Borrower shall
promptly pay, when due, all dues and assessments Imposed pursuant to the Constituent
Documents.
B. Property Insurance. So long as the Owners Association maintains, with a generally
accepted insurance carrier, a "master" or "blanket" policy insuring the Property which is
satisfactory to Lender and which provides insurance coverage in the amounts(including deductible
levels), for the periods, and against loss by fire, hazards included within the term"extended
coverage," and any other hazards,.including,but not limited to,earthquakes and floods,for which
Lender requires insurance, then: (i) Lender waives the provision in Section 3 for the Periodic
Payment to Lender of the yearly premium installments for property insurance on the Property;and
(ii)Borrower's obligation under Section 5 to maintain property insurance coverage on the Property
is deemed satisfied to the extent that the required coverage is provided by the Owners Association
policy.
What Lender requires as a condition of this waiver can changQ during the term of the loan.
Borrower shall give Lender prompt notice of any lapse in required property insurance coverage
provided by the master or blanket policy.
In'the event of a distribution of property insurance proceeds in lieu of restoration or repair
following a loss to the Property, or to common areas and facilities of the PUD, any proceeds.
payable to Borrower are hereby assigned and shall be paid to Lender.Lender shall apply the
proceeds to the sums secured by the'Security Instrumept,whether or not then due,with the excess,
if any,paid to Borrower.
MULTISTATE PUD RIDER—Single Family—Family Mae/Freddie Mac UNIFORM INSTRUMENT Form 3150 1101
(page I oft pages)
•
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•
•
•
I.
•
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C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to insure
that the Owners Association maintains a public liability insurance policy acceptable in form,
amount,and extent of coverage to Lender.
D. Condemnation. The proceeds of any award or claim for damages,direct or consequential,
payable to Borrower in connection with any condemnation or other taking of all or any part of the
Property or the common areas and facilities of the PUD, or for any conveyance in lieu of
condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by
Lender to the sums secured by the Security Instrument as provided in Section 11.
E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with •
Lender's prior written consent, either partition or subdivide the Property or consent to:(i) the
abandonment or termination of the PUD,except for abandonment or termination required by law
in the case of substantial destruction by fire or other casualty or in the case of a taking by
condemnation or eminent domain; (ii) any amendment to any provision of the "Constituent
Documents" if the provision is for the express benefit of Lender; (iii) termination of professional
management and assumption of self-management of the Owners Association;or(iv) any action
which would have the effect of rendering the public liability insurance coverage maintained by the
Owners Association unacceptable to Lender.
F. Remedies. If Borrower does not pay PUD dues and assessments when due,then Lender
may pay them.Any amounts disbursed by Lender under this paragraph F shall become additional
debt of Borrower secured by the 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.
BY:SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this PUD
Rider.
•
PATRICK D.B' -NNEMAN -Banowcr
in. . 69A/ 0M4z_t (seal)
R.BRENNEMAN -Borrower
(Seal)
-Borrower
•
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MULTISTATE PUD RIDER-Single Family—Faaale Mae/Freddle Mae UNIFORM INSTRUMENT Form 3150 Ilei
(page 2 of 2 pages)
S S
Loan Number 2280050121080
ADJUSTABLE RATE RIDER
(LIBOR Index-Rate Caps)
THIS ADJUSTABLE RATE RIDER is made this 4TH day of FEBRUARY,2005.and is incorporated into
and shall be deemed to amend and supplement the Mortgage, Deed of Trust,or Deed to Secure Debt(the
"Security Instrument") of the same date given by the undersigned(the"Borrower")to secure the Borrower's
Note to INTERVALE MORTGAGE CORPORATION (the "Lender") of the same date and covering the
property described in the Security Instrument and located at:
1132 VILLAGE FARM COURT,IOWA CITY,IOWA 52240
(Property 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 inte:est rate of 8.44%.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 4TH day of FEBRUARY,2007,and on
that day every sixth 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 average of interbank offered rates for six-month U.S.dollar-denominated
deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The
most recent Index figure available as of the first business day of the month immediately
preceding the month in whicl;the Change Date occurs is called the"Current Index."
If the Index is no longer available,the Note Holder will choose a new index that 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
EIGHT AND 19/100THS percentage points(8.19%)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.
e
Er
MULTISTATE ADJUSTABLE RATE RIDER(LIBOR Index)-Single Funily—Freddie 5I.e MODIFIED R:SIRUSrEtir Foem 3192 1"0I (page 1 of..?pag
•
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(D) Limits on Interest Rate Changes
The interest late I am required to pay at the first Change Date will not be greater than
11.44% or less than 8.44%.Thereafter,my interest rate will never be increased or decreased
on any single Change Date by more than ONE percentage point(1%)from the rate of interest
I have been paying for the preceding six months. My Interest rate will never be greater than
14.44%or less than 8.44%.
(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.
(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 to 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 18 of the Security Instrument is amended to read as follows:
Transfer of the Property,bra Beneficial Interest in Borrower.As used in this Section
18, "Interest in the Property"means any legal or beneficial interest in the Property,including,
but not limited to,those beneficial interests transferred in a bond for deed,contract for deed,
installment sales contract or escrow agreement,the intent of which is the transfer of title by
Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred(or
if a Borrower is not a natural person and a beneficial interest in Borrower is sold or
transferred) without Lender's prior written consent,Lender may require immediate payment
in full of all sums secured by this Security Instrument. However,this option shall not be
exercised by Lender if such exercise is prohibited by Applicable Law. 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 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 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 30 days
from the date the notice Is given in accordance with Section 15 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.
' I
•
mmLnsrATE ADJUSTABLE RATE RIDER(LIBOR lode:D-8Dgle rawty-nrdm.weuonwnn Asrnrmm+r Farm 3192 urn (page a of3pa
•
•
•
• • •
•
•
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•
•
•
•
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable
Rate Rider.
CatiiCE
PATRICK D.BRENNEMAN -Borrower
•
/ ,IL_ 1 .D LII ILII _ , (Seal)
DAWN IL BRENNEMAN -Borrower
(Seal)
-Borrower
•
•
•
MULTISTATE ADJUSTABLE BATE RIDER(LIBOR Indy)-Single FamfY-nnaieetee mow=rW'rntN[Nr Form 302 WI (page J oil nal
•
•
•
. . Countrywide•
HOME LOANS
P.O.Box 650070 Send Payments to:
Dallas,TX 75265-0070 PO Box 650070
Dallas,TX 75265-0070
November 5,2007
Date of Mailing this Notice
Patrick D Brenneman Account No.:97515654
1132 VILLAGE FARM CT 1-800-669-0102
IOWA CITY,IA 52240-2919 Telephone Number of Creditor EXHIBIT
Loan CounselingCenter
Creditorr ContactContact
.0
NOTICE OF RIGHT TO CURE DEFAULT
Legal Description of mortgaged property:
Dear Patrick D Brenneman:
The home loan note described above is now in default because the required installment payments on the loan have not been
made.
You have the right to cure this default.To cure this default, on or before December 5, 2007,Countrywide must receive the
following payments:
Monthly Charges: 10/04/2007 $3,428.96
Deferral or delinquency charges: $123.42
TOTAL REQUIRED TO CURE THE DEFAULT AS OF THE DATE OF THIS LETTER: $3,552.38
Please note that additional regular monthly payments,late charges,fees and charges may become due on or before December
5,2007 and these amounts must be received by Countrywide by December 5,2007 to cure the default.
If this default is cured,this obligation can continue as though it were not late.The default will not be considered cured unless
Countrywide receives"good funds"in the amount of$3,552.38 on or before December 5,2007.If any check(or other payment)
is returned to us for insufficient funds or for any other reason,"good funds"will not have been received and the default will not
have been cured. No extension of time to cure will be granted due to a retumed payment. Countrywide reserves the right to
accept or reject a partial payment of the total amount due without waiving any of its rights herein or otherwise. For example,if
less than the full amount that is due is sent to us,we can keep the payment and apply it to the debt but still proceed to
foreclosure since the default would not have been cured.
If this default and breach of the terms of your home loan is not cured by the date set forth above,the sums secured by your
property will be accelerated, and we will immediately proceed with initiating a foreclosure action or procedure.You may,if
required by law or your loan documents,have the right to cure the default after the acceleration of the mortgage payments and
prior to the foreclosure sale of your property if all amounts past due are paid within the time permitted by law. Further,you may
have the right to bring a court action to assert the non-existence of a default or any other defense you may have to acceleration
and foreclosure.
If a foreclosure action or procedure is necessary,we may seek judgment for all attorney fees,abstracting expenses and all other
costs associated therewith, in addition to a decree of foreclosure. Further, if Countrywide forecloses on your property,
Countrywide may pursue a deficiency judgment against you to collect the balance of your loan,if permitted by law.If a default on
your home loan occurs again within the next year,Countrywide may accelerate the balance of your home loan and immediately
commence foreclosure on your property without sending another notice like this one.
Your loan is in default. Pursuant to your loan documents, Countrywide may,enter upon and conduct an inspection of your
property. The purposes of such an inspection are to(i)observe the physical condition of your property,(ii)verify that the property
is occupied and/or(iii)determine the identity of the occupant. If you do not cure the default prior to the inspection,other actions
to protect the mortgagee's interest in the property(including,but not limited to,winterization,securing the property,and valuation
services)may be taken. The costs of the above-described inspections and property preservation efforts will be charged
to your account as provided in your security instrument.
Please write your account number on all checks am correspondence.
We may charge you a fee bran/payment returned or retooled by your finance!Imlpuon,subject to appicatle law.
Account Number.975158544
•Make your check payable to Patrick D Brenneman Balance Due for charges listed above:$3,552.38 as of 1110512007.
Countrywide Home bars 1132 Village Farm Court
•Write your amount number onPlum update a mai Monate on the reverss sled the mupon.
your check or money order
•Write In any additional amounts Pddi
you ore inducing(If total is Prole
onal
more than$5000,please send atom
incead
certitled check)
•Dont attach your check to the adient
payment coupon EsCON
•Dont indude correspondence Countrywide Dont send cash PO BOX 650070 other
Dallas,TX 75265-0070
row til'''l chock
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IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY
BANK OF NEW YORK AS TRUSTEE FOR
THE BENEFIT OF THE CASE NO.
CERTIFICATEHOLDERS CWABS, INC.
ASSET-BACKED CERTIFICATES, SERIES AFFIDAVIT FOR ATTORNEY FEES
2005-BC4,
EXHIBIT
Plaintiff,
vs.
PATRICK D. BRENNEMAN, DAWN R.
BRENNEMAN, GREENWOOD MANOR,
CITY OF IOWA CITY, IOWA
DEPARTMENT OF HUMAN SERVICES
ESTATE RECOVERY PROGRAM, CRAIG
N. WILLIS, ASSET ACCEPTANCE LLC, `
THE CBE GROUP INC., AND PARTIES IN
POSSESSION,
•
Defendants.
STATE OF IOWA )
)ss.
COUNTY OF BLACK HAWK )
I,Brian G. Sayer,being first duly sworn on oath,hereby depose and state that I am a member
of the firm of Dunakey&Klatt,P.C.,the attorneys for the Plaintiff in the above-entitled cause;that
the Note and Mortgage sued upon herein are in my possession as attorney for the Plaintiff;that I have
read the foregoing Petition and am familiar with the contents thereof,and the allegations contained
therein are true as I verily believe.
I further depose and state that I am a regular practicing attorney in the Courts of the State of
Iowa; that the attorney's fees prayed for herein are for services rendered and to be rendered by me
as attorney for the Plaintiff in this action; that there has been no agreement, express or implied,
between me and any other person or persons except other pracf 'ng . . .rneys engaged with me in
this action, for a division or sharing of the attorney's fees prarft : ein.
Brian r. Sayir
Subscribed and sworn to before me this 18`h day yAof March, 2008.
Notary Public in and for the State of Iowa
oA A'"`s CARRIE L,®ARTON
* * COMMISSION NO.747760
rows
MYLOMMI SIGN EXPIRES:
END
OF
CASE
FILE
}
. a
•
r..)
O
IOWA CODE CHAPTER 573 CLAIM 0
j_. as
TO: City of Iowa City, Iowa
410 E Washington Street Iowa City, Iowa 5224177:
x
We, the undersigned (..r1
L7
Ament, Inc Claimant
5825 Dry Creek Lane NE Address
Cedar Rapids, IA 52402
herewith file claim against
Neumann Monson, PC Contractor
111 E College St Plaza Address
Iowa City, IA 52240
for labor and/or material furnished by us and used by said contractor in
the construction of Iowa Avenue Multi-Use Parking Facility as per
Statement of Account attached as Exhibit A showing a net amount due of
Thirty-Three Thousand Thirty-Five Dollars and 02 Cents ($33,035.02) and
interest and costs thereon.
CLAIMANT'S AFFIDAVIT
State of Iowa
) ss:
County of Linn
I, John C. Bender, P.E., the President of Ament, Inc., do solemnly
swear that the several items mentioned in the within statement and
attached exhibit are just, true and wholly unpaid; that the Contractor has
been notified as to the amount, kind and value of said services and/or
materials so furnished and/or by itemized invoices rendered to said
Contractor during the progress of the work.
NANCY E.JOS FEK A . N INC.
Notary F' - al S a�? tt AlA
Notarial sealAlir_
My CairNeeion Expires:July 21,2000 ►�•�
Jr, n i . Bender, P. ., President
Subscribed and sworn to before me this "? day of April, 2000.
Notary Public in and for Said County and State
Cc ; C A
"X-riet
�7
• A
Evasetrisir Affilempose,and anissylite
P.C. ,Ina Dr/Cnok Law NE
Cedar Moll%MI I
DwarntorS. .1SGS
Prolom No: A01198.20
111 E Cc lege St. P►� invoice Na:
Iowa City IA 52240
Project: A01198.20 N.M. -Multi-Use Parking Ramp
Profeszionzi Ser ficss:Januar, Regi i-Total Due
Iowa Avenue Parking-Mechanical
1t1a.-zlor uu i Par Contact
101,130.00
Total Interto Date
Total Fees and lnterast
103,2441.,2,3
Aaa:c+urat Paid to Date
(70,213.W)
33,03 x.02
a
cri r-
o- a 171
J
C
EXHIBIT
D
A
END
OF
CASE
FILE