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HomeMy WebLinkAbout2004 Lawsuits IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON COUNTY WEST BANK, ) Plaintiff, ) No . EQCV064496 1 v. ) AFFIDAVIT OF MAILING KENNETH B. AMADA; HIGHLANDER ) s INC . , AN IOWA CORPORATION; ) STATE OF IOWA (IOWA DEPT . OF ) REVENUE AND FINANCE) ; UNITED ) STATES OF AMERICA (INTERNAL ) - -o REVENUE SERVICE) ; CITY OF ) `) IOWA CITY; AND CITIBANK ) ? (SOUTH DAKOTA) N.A. ) • •9 Defendant . ) CD _ N U -T-1 STATE OF IOWA ) C71 ss : cn i 71 JOHNSON COUNTY ) frrl = 5JJ0 The undersigned, first being duly sworn states tha., on nle D o Z- 6`h day of February, 2004 , the undersigned personally mailed to Tom Miller, Iowa Attorney General, an Original Notice and copy of the Petition on file herein, pursuant to Iowa Code Section 617 . 3, by certified mail return receipt requested with proper postage thereon, by depositing same on said date in a United States Post Office receptacle in said County: NAME ADDRESS Tom Miller 2"d Floor Hoover Bldg. Iowa Attorney General Des Moines, IA 50319 /g Lars ; Anderson Subscribed and sworn to before by Lars G. Anderson, this 9' day of February, 2004 . z y C0 13257 L, , tipPw A:UZ/ NNE C. 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(3SIAd3S 3f1N3A323 ( 'IVN233INI) 1;13I23314K 30 S3L LS ( Q3,LINO ! (3SNKNI3 (INV 3f1N2A323 ( 30 ' ,Ld3Q KMOI) VMOI 30 3ZKZS ,) a ( !NOI IV23od230S KMOI NK ' ' SNI ( 233QNK'IHSIH .'KQFIW' ' E HL2NN3)I ONIZIVW 3O ,ILIAKQI33rd ( 'A ( 966690ASO3 ' 0N ( '3JT3uTpTd ( ')1NF18 LSM ASNIlOO NOSNHOr UO3 QNY NI VMOI 30 S2ifloo SDI2iaSIQ mu NI IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY WEST BANK, ) ) Plaintiff, ) No. EQCV064496 v. ) ACCEPTANCE OF SERVICE KENNETH B. AMADA; HIGHLANDER ) INC. , AN IOWA CORPORATION; ) STATE OF IOWA (IOWA DEPT . OF ) REVENUE AND FINANCE) ; UNITED ) STATES OF AMERICA (INTERNAL ) REVENUE SERVICE) ; CITY OF ) IOWA CITY; AND CITIBANK ) (SOUTH DAKOTA) N.A. ) ) Defendants . ) COMES NOW the Defendant, The City of Iowa City, Iowa and hereby acknowledges receipt of a copy of Original Notice and the Plaintiff' s Petition to Foreclose Deed of Trust and Mortgage - Without Redemption in the above-entitled action and accepts service of notice on them and consents to the jurisdiction of the court in the above-entitled action. THE CITY OF IOWA CITY, IOWA 2f7 es BY: Marian K. Karr, City Clerk' >, rn Fri do : thq � ee, ,S. IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY WEST BANK ) Case No. EQCV 064496 Plaintiff, ) vs . ) KENNETH B . AMADA; HIGHLANDER ) ORIGINAL NOTICE INC . , AN IOWA CORPORATION; ) STATE OF IOWA (IOWA DEPT. OF ) O REVENUE AND FINANCE) ; UNITED ) DC7 STATES OF AMERICA (INTERNAL ) ' -1 CO REVENUE SERVICE) ; CITY OF ) )� — p IOWA CITY; and CITIBANK ) _{m 7-11° ' fl (SOUTH DAKOTA) N.A. ) Defendants . ) y _ co TO THE ABOVE-NAMED DEFENDANTS : You are hereby notified that there is now on file in the office of the Clerk of the above-named court, a Petition in the above-entitled action, a copy of which Petition is attached hereto. The Plaintiff' s attorney is C. Joseph Holland, whose address is 300 Brewery Square, 123 North Linn Street, Iowa City, Iowa 52245 . You are further notified that unless, within 20 days after service of this original notice upon you, you serve, and within a reasonable time thereafter file, a motion or answer, in the Iowa District Court for Johnson County, at the county courthouse in Iowa City, Iowa, judgment by default will be rendered against you for the relief demanded in this Petition. If you require the assistance of LODEMA BERKLEY, auxilliary aids or services to Clerk of the above Court participate in court because of a cLODEMA BERKLEY disability, immediately call youri1��`-- De ut district ADA coordinator at p y 319-398-3920 Ext. 100. (If you are Johnson County Courthouse hearing impaired, call Relay Iowa Iowa City, Iowa 52240 TTY at 1-800-735-2942). NOTE : The attorney who is expected to represent the Defendant (s) should be promptly advised by Defendant (s) of the service of this notice . 4. t . IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY WEST BANK ) Case No. EQCV064496 Plaintiff, ) 1 vs . ) PLAINTIFF' S AMENDED PETITION KENNETH B . AMADA; HIGHLANDER ) TO FORECLOSE DEED OF TRUST INC. , an Iowa corporation; ) AND MORTGAGE - WITHOUT STATE OF IOWA (IOWA DEPT . OF ) REDEMPTION REVENUE AND FINANCE) ; UNITED ) r, STATES OF AMERICA (INTERNAL ) REVENUE SERVICE) ; CITY OF ) IOWA CITY; and CITIBANK ) (SOUTH DAKOTA) N.A. ) 0 Defendants . ) j J � * i * * * * 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 TWELVE MONTHS (or SIX MONTHS if the petition includes a waiver of deficiency judgment) 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, West Bank, and for cause of action against the Defendants states to the Court as follows : r O > rn -< ca COMMON ALLEGATIONS C) — T ^� N ni v w 1 1 . West Bank is a financial institution chartered under the laws of the State of Iowa and having a place of business located in Johnson County, Iowa . 2 . For all matters related to this Petition West Bank is the successor in interest to Hawkeye State Bank by way of acquisition of certain assets of Hawkeye State Bank, including the Defendat' s obligation set out herein. 3 . Defendant Kenneth B. Amada ("Amada") is a natural person and a resident of Johnson County, Iowa . The last known address of Amada is 106 North First Avenue, Iowa City, Iowa 52245 . 4 . On or about August 19, 2002, Amada made, executed and delivered to Hawkeye State Bank a promissory note in the original principal amount of $169, 537 . 01 . A copy of that note is attached hereto and labeled Exhibit "A" and is referred to herein as the "Promissory Note. " 1,7 5. Amada has failed to make timely payments of prinipaland interest as required by the Promissory Note and is in de'fa'ulf.'of ii payment . 1 , 1 6. On or about October 15, 2003, a Notice of Right io Ei re' Default was mailed to Amada . A copy of that Notice is attae^Pied hereto and labeled Exhibit "B" . 7 . Amada has not cured the default of payment of the Promissory Note as of the date of filing this Petition and remains in default of his obligations under the Promissory Note. 2 • J 8 . On the l day of December, 2003 West Bank exercised its right of setoff from accounts maintained by Amada at West Bank and applied the sum of $2, 000 . 00 to accrued and then outstanding interest due and owing upon the Promissory Note, leaving a principal balance of $166, 157 . 38 due and owing, plus interest of $1, 926. 32 accrued and unpaid as of December 1 , 2003 . 9. There is currently outstanding upon the Promissory Note an unpaid principal balance of $166, 157 . 38, plus interest accrued to December 1, 2003 at the rate of 7 . 50% per annum, and additional interest accruing at the rate of 7 . 50% from and after the 1st day of December, 2003 . 10 . West Bank has honored overdraft checks drawn by Amada on accounts at West bank and there is outstanding and owing to West Bank the sum of $630 . 58 in unpaid charges for those items Urr] ("Overdrafts") . =n C) _Q -SCJ Nmm COUNT I r5 Fri co 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 TWELVE MONTHS (or SIX MONTHS if the petition includes a waiver of deficiency judgment) 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 for cause of action against the Defendants states to the Court as follows : 1 . The Plaintiff repleads and realleges each and all paragraphs and allegations of the Common Allegations as if fully set forth herein. 2 . Amada made, executed, and delivered a Deed of Trust in favor of Hawkeye State Bank dated as of the 12th day of May, 1987, and recorded on the 18th day of May, 1987, at Book 940, Page 45, in the Records of the Recorder of Johnson County, Iowa . That Deed of U �J Trust secures performance of the Promissory Note . ? C� A copy of the Deed of Trust is attached hereto, ancl;labeled Exhibit "C" . n CO �✓ 3 . That Deed of Trust granted and conveyed to Painti f' s predecessor in interest and now to Plaintiff a security interest in the following described real estate located in Johnson County Iowa : Lot 49 in Part II of Washington Park an Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 7 , page 35, Plat Records of Johnson County, Iowa That property is a single family dwelling, the residence of the Amada, and is not used for agricultural purposes as that term is defined in the Code of Iowa . Amada has waived homestead and other rights of exemption pursuant to the terms of the Deed of trust . 4 • 4 . The Deed of Trust is specifically referred to in the Promissory Note as security for performance of the Promissory Note and the Deed of Trust provides in part that it is given: to secure the performance of the Covenants and Agreements herein set forth and the payment of all indebtedness and liabilities now or hereafter owing by Grantors, [Amada] or either or any of them, to Grantee, [Plaintiff] as may be evidenced by the promissory note (s) , loan agreements and other instruments now or hereafter executed by the Grantors or either or any of them, either jointly or severally, to the order of or for the benefit of, Grantee, together with all extensions, renewals and modifications thereof, incurred for whatever purpose, whether now existing or hereafter incurred, of every kind and character, direct or contingent, whether as maker, endorser, guarantor, surety, or by way of overdrafts, and whether such indebtedness is from time to time reduced and thereafter increased or entirely extinguished and thereafter reincurred, including, without limitation, any additional or future advances made by Grantee to Grantors, or either or any of them, and any sums advanced by Grantee at its option, in the performance of the Grantor' s obligations hereunder, including the payment of any fees, insurance, repairs, taxes and amounts secured by encumbrances with respect to the premises, and any attorneys fees and other charges and expenses incurred in the collection of the obligation secured hereby. It is the intention of the Grantors to secure payment to Grantee of any indebtedness whatsoever now or herejter owing by Grantors, or by either or any of then cbo Grantee, and also to secure payment of any extensions--pr c renewals of such indebtedness or any part the£ o. , — — whether or not related to or of the same class as-- C-h e ry ir initial indebtedness secured hereby . . . . t-,`. ' q 5. The Deed of Trust further provides that in the even) of nonpayment of any note, agreement, obligation, or indebtedness secured by the Deed of trust according to the terms of such note, agreement, obligation, or indebtedness that suit may be brought for foreclosure of the Deed of Trust . The Promissory Note, and the 5 . 1 . Overdrafts, are such a note, agreement, obligation, or indebtedness . 6 . Section 654 . 2 of the Code of Iowa (2003) provides that Deeds of Trust shall be foreclosed in the same manner as a mortgage. 7 . The Deed of Trust specifically provides that in the event taxes are not paid in a timely manner that the Plaintiff may pay delinquent taxes and assessments and that interest shall accrue from the time of payment at the rate payable in the notes, agreements, obligations or indebtedness secured by the Deed of Trust . The Plaintiff has advanced the $4 , 667 . 00 to pay delinquent taxes and to redeem from tax sale the property described in the Deed of Trust . 8 . The Deed of Trust further obligates Amada to keep the property insured and further provides that if he does not, the Plaintiff may advance the cost of insurance and add such cost to the balance owed by Amada. Amada has failed to maintain insurance on the property and the Plaintiff has procured insurancjcovege at a cost not known as of the filing of this Peti-i i, taut—ir, estimated to be $300 . 00 . N h . — T-i 9 . The Deed of Trust further provides that in the= en of nonpayment of any note, agreement, or obligation or in ebted2ess secured by the Deed of Trust Amada shall pay reasonable attorneys fees, costs and expenses incurred in connection with collection or foreclosure or other legal proceedings . Attached hereto, and 6 t - - labeled Exhibit E, is the affidavit of Plaintiff' s attorney for fees in connection with these proceedings . 10 . Defendant Citibank (South Dakota) N.A. may claim some interest in the real estate by virtue of a judgment entered June 15, 1995, in Johnson County Small Claim No . 39774 . 11 . Defendant State of Iowa may claim some right in the real estate by virtue of a Notice of a State Tax Lien dated September 17, 1999, and recorded September 20, 1999, at Book 2820, Page 72 12 . Defendant the United States of America may claim some right in the property by virtue of a Notice of Federal Tax Lien dated January 26, 2000, and recorded January 31, 2000, at Book 2898 , Page 38 . 13 . Defendant Highlander, Inc . may claim some right, tile, U or interest in the property by virtue of a mortgage recon Ati'Zust n 1, 2000, at Book 2992, Page 596 in the originalRe,un of $8 , 052 . 85 . kr) .1 aJ z ao 14 . Defendant City of Iowa City may claim some citterest in CO the property by virtue of a judgment entered July 3, 2001, in Johnson County Case No. CISC052471 . 15 . The lien of the Deed of trust in favor of the Plaintiff against the real estate described above is superior to the interest of each and all of the Defendants, and any right, title and interest that any of the Defendants claim, or may claim to have, is junior and inferior and subordinate to that of the Plaintiff . 7 . 1 ' 16 . Plaintiff waives a deficiency judgment against Amada and elects to foreclose the Deed of Trust without right of redemption pursuant to the provisions of Chapter 654 of the Code of Iowa (2003) . WHEREFORE, Plaintiff prays for judgment against Defendant Kenneth B. Amada in the principal sum of $166, 157 . 38 plus accrued interest to December 1, 2003 in the amount of $1, 962 . 32 ; plus accruing interest at the rate of 7 . 50% from the 1St day of December, 2003 through satisfaction of judgment; for the sum of $4, 667 . 00; for real property taxes against the property paid by Plaintiff; for the cost of insurance upon the property paid by Plaintiff; for attorneys fees incurred as a result of col .FTiot ?of the indebtedness owed by Defendant and prosecution of this -acta_on;T1 IN) and for the costs of this action. TT] ,-- WHEREFORE, Plaintiff prays that the lien of Plaintff' s Teed of Trust be foreclosed, without right of redemption, and be declared superior and paramount to the interests of all of the Defendants herein; that a special execution issue ordering that the property described in the Deed of Trust be sold at Sheriff' s sale and the proceeds thereof be applied to the judgment entered in favor of the Plaintiff herein; and that a Sheriff' s Deed issue immediately following sale and that the purchaser be put in immediate possession of the mortgaged property. WHEREFORE, the Plaintiff prays for such other relief as the Court may deem appropriate . 8 COUNT II 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 TWELVE MONTHS (or SIX MONTHS if the petition includes a waiver of deficiency judgment) 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 for cause of action against the Defendant states to the Court as follows : 1 . The Plaintiff repleads and realleges each and all paragraphs and allegations of the Common Allegations as if fully set forth herein. 2 . On or about the 21' day of October, 1998, Amada made , executed, and delivered a mortgage ("Mortgage") in favor of Hawkeye State Bank granting a security interest and lien in favor of Plaintiff' s predecessor and Plaintiff against, inter alia, the following described real estate : O �?n Lot 24 in Riverview Estates Subdivision o 5 rn nn —Ti Parts of the southwest quarter of Section 22T) — and the northwestq uarter of Section 27,: p N ' — Township 80 North, Range 6 West of the 5th n1 mm iL P.M. , Johnson County, Iowa, according to than c �� recorded plat thereof, subject to easements {- " building and use restrictions of record, if- any.any. 9 That property is a an unimproved building lot in a residential subdivision, is not the residence of Amada or any other person, and is not used for agricultural purposes as that term is defined in the Code of Iowa . 3 . The Mortgage was recorded October 26, 1998, at Book 2602, Page 19, in the Records of the Recorder of Johnson County, Iowa. A copy of the Mortgage is attached hereto and labeled Exhibit D. 4 . The Mortgage is specifically referred to in the Promissory Note as security for performance of the Promissory Note. The Mortgage specifically provides in Paragraph 4 (B) that secured debt includes : All future advances from Lender [Plaintiff] to Mortgagor [Amada] or other future obligations of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Security Instrument whether or note this Security Instrument is specifically referenced or such future Q advances or future obligations are incurred = C� for any purpose that was related or unrelated ' 1.7.1 W to the purpose of the Security Instrument . All future advances and other future :<m 2;" m obligations are secured as if made on the date Q-T: mr (3 of this Security Instrument . 7Z a * * * .r- All obligations Mortgagor owes to Lender, which may arise later, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender. 10 5 . The Mortgage provides that Amada will be in default if any party obligated on the Secured Debt fails to make payment within ten days after being due . The Promissory Note, and Overdrafts, are Secured Debt under the Mortgage . The Mortgage further provides, upon default, that the Mortgage may be foreclosed. 6 . The Mortgage provides that Amada will pay all taxes and assessment when due and that Amada will pay all expenses paid by Lender to preserve or protect the property and the Lender' s security interest . 7 . To protect its interest in the property, the Lender has advanced the sum of $390 . 00 in payment of delinquent real estate property taxes against the property. 8 . The mortgage further provides that the Mortgagor will pay expenses incurred by Lender in collecting, enforcing or protecting Lender' s rights under the Mortgage, including, but not l litedELo, =DC7 -71 court costs and other costs of collection . > U-., —f-� 9 . Defendant Citibank (South Dakota) N .A. may Ciro some-1-1 r--, Fr 73" interest in the real estate by virtue of a judgment ente. lwd T.une'` ' 15, 1995, in Johnson County Small Claim No. 39774 . — 10 . Defendant State of Iowa may claim some right in the real estate by virtue of a Notice of a State Tax Lien dated September 17, 1999, and recorded September 20, 1999, at Book 2820, Page 72 11 . Defendant the United States of America may claim some right in the property by virtue of a Notice of Federal Tax Lien 11 dated January 26, 2000, and recorded January 31 , 2000, at Book 2898, Page 38 . 12 . Defendant Highlander, Inc. may claim some right, title, or interest in the property by virtue of a mortgage recorded August 1, 2000, at Book 2992, Page 596 in the original amount of $8, 052 . 85 . 13 . Defendant City of Iowa City may claim some interest in the property by virtue of a judgment entered July 3, 2001, in Johnson County Case No. CISC052471 . 14 . The lien of the Mortgage in favor of the Plaintiff against the real estate described above is superior to the interest of each and all of the Defendants, excepting only Citibank (South Dakota) , and any right, title and interest that any of the other Defendants claim, or may claim to have, is junior and inferior and subordinate to that of the Plaintiff. 15 . Plaintiff waives a deficiency judgment against Amada and elects to foreclose this Mortgage without right of redemption O -s== pursuant to the provisions of Chapter 654 of the Codes co'f Iowa 71 (2003) . N.) WHEREFORE, Plaintiff prays for judgment against end=int,-J Kenneth B. Amada in the principal sum of $166, 157 . 38 plums acctued interest to December 1, 2003 in the amount of $1, 962 . 32 ; plus accruing interest at the rate of 7 . 50% from the 1' day of December, 2003 through satisfaction of judgment; for the sum of $ $4 , 667 . 00 for real property taxes against the property paid by Plaintiff; for 12 the cost of insurance upon the property; for costs incurred as a result of collection of the indebtedness owed by Defendant and prosecution of this action; and for the costs of this action. WHEREFORE, Plaintiff prays that the lien of Plaintiff' s Mortgage be foreclosed, without right of redemption, and be declared superior and paramount to the interests of all of the Defendants herein, excepting only Citibank (South Dakota) ; that a special execution issue ordering that the property described in the Mortgage and above be sold at Sheriff' s sale and the proceeds thereof be applied to the judgment entered in favor of the Plaintiff herein; and that a Sheriff' s Deed issue immediately following sale and that the purchaser be put in immediate possession of the mortgaged property. WHEREFORE, the Plaintiff prays for such other relief as the Court may deem appropriate . Respectfully subsitte. 11111 i , p ► C. 'oseph Holland #0000241 Holla . . Anderson LLP 123 North Linn St . , Ste . 3 :j P.O. Box 2820 ; ry Iowa City, IA 52244-2820 rn ITI (319) 354-0331 ATTORNEY FOR PLAINTIFF co r I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct . 13 Jill( F rg son Vice-President, West Bank Original filed cc: \\Server\shared\WPDOCS\LITIGATE\WestBank\Petition.wpd o rn al r- N msT _.�, 7< Li D r 14 I • t • 3° 5440/4izz�`-/ • KENNETH B.AMADA HAWKEYE STATE BANK !106 1ST AVE.N. 229 S.DUBUQUE STREET IOWA CITY,IA 52245 Loan Number BM CITY,IA 52240 DateO8.19.7007 Maturity Date 08-03.7005 Loan Amount S lfiq 597 01 BORROWER'S NAME AND ADDRESS Renewal Of -I"includes each borrower above,jointly and severally. "You' LENDER'S NAME AND ADDRESS means the lender, its successors and assigns. 'or value received, I promise to pay to you, or your order, at your address listed above the PRINCIPAL sum of ONE HUNDRED SIXTY NINE THOUSAND FIVE !UNDRFD THIRTY SEVEN AND 111100 Dollars S 169537.01 Single Advance: I will receive all of this principal sum on f1R•73.7007 . No additional advances are contemplated under this note. Multiple Advance: The principal sum shown above is the maximum amount of principal I can borrow under this note. On I will receive the amount of S and future principal advances are contemplated. Conditions:The conditions for future advances are ❑ Open End Credit: You and I agree that I may borrow up to the maximum amount of principal more than one time. This feature is subject to all other conditions and expires on ❑ Closed End Credit: You and I agree that I may borrow up to the maximum only one time land subject to all other conditions). ITEREST: I agree to pay interest on the outstanding principal balance from(jl.73.7002 per year until fjg�3.?005 at the rate of 7 50G Variable Rate: This rate may then change as stated below. ❑ Index Rate: The future rate will be the following index rate: ❑ No Index:The future rate will not be subject to any internal or external index. It will be entirely in your control. ❑ Frequency and Timing: The rate on this note may change as often as A change in the interest rate will take effect ❑ Limitations: During the term of this loan, the applicable annual interest rate will not be more than %. The rate may not change more than `Yo or less than Effect of Variable Rate: A change in the interest rate will have the following effect on the payments: 940 each ❑ The amount of each scheduled payment will change. 0 The amount of the final payment will change. :CRUAL METHOD: Interest will be calculated on a ACT()AL1365 basis. IST MATURITY RATE: I agree to pay interest on the unpaid balance of this note owing after maturity, and until paid in full, as stated below: Q on the same fixed or variable rate basis in effect before maturity las indicated above). ❑ at a rate equal to LATE CHARGE: If a payment is made more than days after it is due, I agree to pay a late charge of • ADDITIONAL CHARGES: In addition to interest, I agree to pay the following charges which IXI are ❑ are not included in the principal amount above: SEE SETT(FMENT STATEMENT DAT D 08 1q 007 YMENTS: I agree to pay this note as follows: ry MONTHLY PAYMENTS OF$1,725.00 BEGINNING 09.03.2002 AND 1 BALLOON PAYMENT OF$143,663.37 ON 08.03.2005. 0 c=i• c TI r N 171 f l-1 a• Unpaid Interest: Any accrued interest not paid when due (whether due by reason of a schedule of payments or due becauseusof Lender's demand) will become part of the principal thereafter, and will bear interest at the interest rate in effect from time to time as provided for in this agreement. )ITIONAL TERMS: If checked, this note is a credit agreement subject to Iowa Code § 535.17 and the following notice is applicable to this note. MPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE )NLY THESE TERMS IN WRITING ARE.ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED N THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. SECURITY: This note is separately secured by (describe separate PURPOSE: The purpose of this loan is REFINANCE 1ST MORTGAGE AND ument by type and date): CONS01111ATE EXISTING OFRT 9 DATED 10.21.1998, 12.12.1988,3.21.1984,AND 5.12.1987 AND DEED OF TRUST SIGNATURES: I AGREE TO THE TERMS OF THIS NOTE IINCLUDING 'ED 5-12-1987 ON PROPERTIES LOCATED AT 106 1ST AVE.N.AND LOT 24 IN RIVERV EWTERSQ 1 hf ,AI have received copy on today's date. section is for your Internal use.Failure to list a separate security document does not mean the ment will not secure this nota.) KENNETH B.rMAOA 3ture for Lender • I.GLASS,PRESIDENT EXHIBIT uAn ;�I nln Tr NOTICE OF RIGHT TO CURE DEFAULT TO: Kenneth B. Amada DATE OF NOTICE: 10/15/2003 P. O. Box 2045 Iowa City, Iowa 52244-2045 FROM: HAWKEYE STATE BANK, AN OFFICE OF WEST DES MOINES STATE BANK 229 S. DUBUQUE STREET IOWA CITY, IA 52240 RE: Loan /13050142204 Original Loan Date: 08/19/2002 C10,6 Original Loan Amount: $ 169,537.01 Total Amount Past Due: $3,450.004111445* Security: 106 15' Avenue, Iowa City and Lot 24 Riverview Estates You are now in default on this credit transaction. You have a right to correct this default until November 14,2003. If you do so,you may continue with this contract as though you did not default.Your default consists of: r., PAYMENT(s) DUE AMOUNT TOTAL September 03, 2003 $1,725.00 October 03, 2003 $1,725.00 $3,450.00 N � :Tl m As of the date of this notice, the amount necessary to cure the default is$3,450.00. �M co If you correct this default on or after November 3rd, 2003 there will be an additiciiitil — $1,725.00 due. If you do not correct your default by the date stated above, we may exercise our rights without sending you another notice like this one. If you default again with in the next 365 days we may exercise our rights against you with out sending you another notice of any kind. If you have questions, write or telephone West Bank, 229 S. Dubuque Street, Iowa City, IA 52240 (319) 351- 4121 promptly. Certification of Mailing Notice of Right to Cure Default The undersigned, states that on the date set forth on the above Notice of Right to Cure Default,that she personally mailed to each of the following named consumer(s): Kenneth B. Amada,a copy of said notice by mail,each such notice being mailed in a sealed envelope with proper postage thereon,addressed to said person at the address as shown above,by depositing the same on said date in The United States Post Office mail. CACil i Jill Fcrg'9 n, %'1ce Present This communication is an attempt to collect a debt and any information obtained will be used for that purpose. EXHIBIT nBn • • October 15, 2003 Kenneth Amada P. O. Box 2045 Iowa City, Iowa 52244-2045 RE: Loan No. 3050142204 Dear Mr. Amada: This letter is to advise you of the availability of homeownership counseling offered by HUD. The toll-free telephone number is (1-800-569-4287). Through this number you can obtain a list of HUD-approved nonprofit organizations serving your residential area. Please call us if you have any questions. Sincerely, Jill Ferguson O Vice Presidents jrf 0co- --1 C, 1v ?l m H3.7 D 4- ft • T. ' :�- :-:�_ ALS, l\'�/) FiL'1 ,UJ95 _ • DEED OF TRUST 198iHAT 18 Aii 8:29 • — — THIS INDENTURE,made and executed this 12th Bayo( May 18NIJf:' EtUud 4 between Kenneth B. Amada ,of J J!rt:i�..l.:'vt t.,' • Coenty,Iowa,heerainafter referred to individually and collectively as"Grantors",and Hawkey. State e Bank ,with its principal office and plea of bustne.e at 229 S. Dubuque • - . Iova City ,Iowa,heeeinR. aer referred to as"Grantee". St. • -�'� � ' WITNESSETH: • trThat Grantors,for and in consideration of the indebtedness to the Grantee and of the Trust hereby created,and ' ...11-4,4:-...-'„_. other valuable oouaideratior receipt of which is hereby acknowledged, do by these presents grant,bargain.Bell. a,,r..,.,, • assign.grant •security interest in.and convey unto Grantee,its afollowing ucceaeore and assigns forever,the foing • described real estate situated in the County of Johnson and the State of Iowa,to wit: tP '. Loc 49 in Part II of Washington Park an Addition to Iona City, Iova, according to the plat thereof recorded in Book 7, page 75, Plat Records of Johnson County, Iona. OJrrl --n r n N � g - .---r* Int _ . - : Tin�"l I 7:I..- i Together with all buildings,appurtenances,structures,additions and improvements now or hese 4ter erected" ••Yc.. I thereon and the nm rents,issues and profits thereof from the date of this Deed of Trust;and,all conderj Ion award ' and insurance proceeds;and,all engines,boilers,el:veton end machinery,timber,minerals,oil,and gas,and all`: boating apparatus, elects-ice!equipment• air-conditioning equipment• water and gas fixtures. shades, awnings, • _ screens,storm sash and blinds,and all fixtures of every description,belonging to said Grantors,which are or may �.t be placed or used upon the premises above described,or appurtenant thereto,all of which.for the purpose of this Deed of Trust,shall be deemed fixtures and subject to the lien hereof.as to any such personal property,fixtures,or ..,u;F both.Grantor.grant a security interest to Grantee;and,Grantors'Interest es lessors in and to all leases of said } premises,or any part thereof.heretofore made and entered into,end In and to all leases hereafter made and entered into by Grantors during the life of this Deed of Trust or any extension or renewal hereof,and the rents,issues end profits therefrom from the date of this Deed of Trust.reserving to Grantors their statutory equity and redemption >. rights therein:provided and hereby intending that in case of foreclosure sale the lessors'interest in any auch leases .& then in force shall,upon expiration of Granton'right of redemption,pass to the purchaser at such sale as a part of i the mortgaged premise.,subject to election by said purchaser to terminate or enforce any of such leases hereafter made; and, the hereditaments. tenements, privileges end appurtenances pertaining to the property above de- . scribed;and,the revisions,remainder.and benefits end all other revenues,rents.earnings.issues and income and .i t profits arising or to arise out of or to be received or had of and from the properties hereby mortgaged or intended eo s_• to be or any part thereof and all the estate,right,title.interest and claims,at law or in equity which the Grantors now or may hereafter acquire or be or become entitled to in and to the aforesaid properties and any and every part • therf,all of which is referred to hereinafter as the"premises". Sitac e: TO HAVE AND TO HOLD the same unto Grantee forever.for the purpose and upon the uses herein net forth. '•� free from all rights and benefits accruing to a surviving spouse under the laws of the State of Iowa,homestead and . any other right,of exemption,which said rights and benefits Grantors do hereby expressly release and waive. Provided always,that tide conveyance is made In tout far the following uses and purposes: • w To secure the performance of the covenants and agreements herein eat forth and the payment of all in- debtedness and liabilities now or hereafter owing by Grantors,or either or any of them• to Grantee,as may be evidenced by the promissory note(s),loan agreements,and other instruments or agreements now or hereafter ex- ecuted by Grantor.or either or any of them.either jointly or severally,to the order of,or for the benefit of.Grantee. -_ together with all extensions,renewals and modifications thereof,incurred for whatever purpaea,whether now ex` � ,. hating or hereafter incurred.of every kind and character.direct or contingent.whether as maker.urdoreer,guaran- • tor.surety or by way of overdrafts,and whether such indebtedness is from time to time reduced and thereafter in- creased or entirely extinguished and thereafter reincurred,including,without limitation,any additional or future advances made by Grantee to Grantors,or either or any of them.ane any auma advanced by Grantee,at its option, • in the performance of Grantors'obligations hereunder•including the payment of any fees.insurance,repairs•tale. and amount.aecured by encumbrances with respect to the premises.and any attorney foes and other charges and expanses incurred in the collection of the obligations secured hereby.It is the intention ce Grantors to secure pay ment to Grantee of any indebtedness whatsoever now or hereafter owing by Grantors,or either or any of them,to Grantee and also to secure payment of any extensions or renewals of any such indebtedness or any part thereof, • . whether or not related to or of the same class a.the initial indebtedness secured hereby;provided,however•that UM debtednees incurred in a"Consumer Credit Transaction"as defined in the lows Consumer Credit Cods shall rot be secured by this Deed of Trust. The security granted or to be granted hereby is and shall be continuing until - specifically terminated in writing by the Grantee.THIS PARAGRAPH SHALL NOT'CONSTITUTE A COM- MITMENT TO MAKE FUTURE OR ADDITIONAL LOANS OR ADVANCES. • NOTE:This Deed of Trust coataina an open-sod feature and an skit-acquired property clause. 1 • • 0.1, ---------- --- ------ _ – -._ _. .._-_.. . .._._— EXHIBIT • tech - . . 4 . —.. IT IS MUTUALLY AGREED THAT: . i f 1. Grantee shall be eu ted to the lien o[any and all prior encumbrances,Meas err[barges paid and discharged from the proceed+of the notes,agreements,obligations and Indobtednaea hereby secured,and even though said prior liens haw been rel:aaed of record,the repayment of said notes,agreements,obligations and In- debtedness a +ll be secured by such liens on the portions of said premises•)(coed thereby to the extent of each payments,respectively, 2 Whenever by the terms of thio instrument or of any nota agreement obllgat on or indebtedness hereby secured,Creates le given any option.such option may be exercised when the right emuoe,or at any time thoreal[ar. 9. All Grantors shall be jointly and severally liable for fulfillment o[the covenants and agreements harem eontalnod and all provisions of this Deed o[Trust shell inure to and be bindIng anon the he s,executors,ad- ininlatrators,successors,grantees,lessees and assigns of the parties hereto,res�:ctively. 4. In the event of the nonpayment of any note,agreement,obligation or indebtedness secured hereby In so- eordanee with its terms or at maturity,whether such maturity be by acceleration or etberwise,or In the event of the failure of Grantors to keep and perform any of the conditions,stipulations rad covenants herein contained or re- quired to be Lept by the terms of any obligation secured hereby,then the whole amount of principal end interest secured by this Deed of Trust and then unpaid shall immediately become due and payable without notice or de- mand,at the option of Grantee,its successors or assigns,and without notice to Grantors,suit may be brought for the collection thereof,and[or the foreclosure of this Deed of Trust_ 6. If the notes,a�eements.obligations,indebtedness and the Deed of Trust,or any of them,shell be placed In the bands of nn attorney for collection or foreclosure,or other Ic•^,al proceedings,Grantor.will pay reasonable attorney's Ices,costs and expenses incurred in connection therewith,including expenses incurred in procuring evidence of title,and such attorney's fees,costs and expenses shall be considered as part of the indebtedness by this Deed of Trust and collectible accordingly. 6. Upon commencement of any proceeding to enforce or foreclose this Deed of Trust,or at any time there- after until expiration of the period of redemption,the court having jurisdiction of the case shall.at the request of Grantee,appoint a receiver to take immediate possession of said premises to rent the same,to collect all rentals and profits accruing tliereirom and to apply the receipts,as the court may order,in payment of receivership end fora • closure costs,taxes,insurance premiums.property maintenance and all indebtedness hereby secured. 7. Notwithstanding anything in this Decd of Trust or the notes.agreements,obligations.and Indebtedness • secured hereby to the contrary,neither this Deed of Trust nor said notes,agreements,obligations and indebtedness shall be deemed to impose on the Grantors any obligation of payment.except to the extant that the same may be • • legally enforceable;and any provision to the contrary shall be of no force or effect. 8. Any award of damages under condemnation for injury to,or taking of.any part of all of said property Is hereby assigned to Grantee with authority at Grantee's option, to apply, or award any Part thereof to the in- debtedness secured hereby whether due or not,to restore the premises,or release the monies received, 9. As additional security for the repayment of the Indebtedness hereby secured and the payment of taxes, special aeaea_ments, ground rents, and other charges and fire and other hazard insurance premiums,Grantors agree to deposit with Grantee, if requested by it- monthly or other periodic payments in amounts, which, as estimated by Grantee from time to time,shall be sufficient to meet,as they become due,such taxes,as'ossmonts, rents,charges and Premiums. If at any time the funds so held by Grantee shall be insufficient to pay any tax, IIf assessment,rent,charge or premium. Grantors shall,upon receipt of notice thereof,immediately deposit with Grantee such additional funds as may be necessary to remove the deficiency.to the payment is agreed that all sums so deposited rents,charges and p eappropriated ums,and at the option frust,to be Grantee aftapplied rpde ault,to be applied on the indebtednesassignments, hereby • .- secured. . • 10. As additional security for the repayment of the Indebtedness hereby secured,Grantors hereby assign to Grantees all their right,title and interest in and to all existing leases and all future leases upon or affecting the mortgaged premises,together with any extensions or renewals of such leases,and an rentals and Income arising • ' from said premises from the dote of this Deed of Trust:provided that,so long as there is no default in any of the .Ir terms or conditions of this Deed of Trust or of the notes,agreements,obligations,and indebtedness hereby secured, • or of any extension or•renewal thereof,Grantors shall continue to manage said premises as owners and collect all in- come arising therefrom,but only as it accrues,rendering such reports as may be required by Grantee. ,.•-� o Grantee may from time to time waive its right hereunder to collect rents and other Income but any such wailer! — shall not prejudice Grantee's right to make such collections thereafter so long as and whenever a default exists.n ..., under this Deed of Trust or • the notes,agreements,obligations.and Indebtedness hereby secured.Grantee shalfi T have the right,but shall not be required.to sue for collection of rents,possession of premises or other remedy,belt --j t� t 1 shall nots ria, liable for failure to collect rents or other income and shall be held accountable for only such amounts. -.< are actually received.Funds received by the Grantee shall be applied at its discretion to expensess r of collection,in eluding reasonable attorneys'fees,necessary repairs,taxes and insurance on the mortgaged premises,and on sea;('•'f`f' N �t i count of the indebtedness hereby secured. 1 •I' i In the event of any default in the performance of any agreement or covenant In any note,agreement,obligation IntTANr_ -t ?''>' or indebtedness hereby secured or this Deed of Trust.Grunters.upon demand,will immediately deliver to Grantee J' —� or its appointee,all leases or agreements for occupancy of space in said premises,together with a separate and) -. LJ specific assignment of each of them to Grantee,or its appointee,in form approved by Grantee:aid Grantee.witlr .r.coact without such specific assignment.may take possession and assume the management of said premises and the rentals and other income therefrom,execute all powers and authority reserved to the leaser under the Ieaif § i ' terms.including fitly right or power therein to forfeit or cancel such lease,and modify the provisions of present I leases and make now leases or rental contracts in the name of the owner of the property,or otherwise;and the lessees and other occupants of said premises are hereby authorized and directed,upon demand,to pay to Grantee, or any person designated by it for that purpose.all amounts due or to become due from them under said leases and I i any extensions or renewals thereof.or by reason of such occupancy:and such possession and management by II '4,:' Grantee shall not in any way affect its rights of foreclosure and the appointment of s receiver es hereinbefore provided. * 11. It is understood and agreed that this Deed of Trust shall also secure any other indebtedness owing to • Grantee by Grantors,or any of them.including any additional or future advances made by Grantee to Grantors.or *WY • either or any of them.whether or not related to or of the same class es the initial Indebtedness secured hereby.This �;3•�`�} paragraph shall not constitute a commitment to make future or additional loans or advances. : ; •_ 12. It is expressly agreed that if this tract consists of less than ten 1101 acres in size,and if the Grantee In event of foreclosure action waives any rights to deficiency judgment arainst the Grantor which might arise out of .e4ii , • • the procecdin's,the period of redemption after sale on foreclosure shall be reduced to the shortest of the following .A. • - periods,aisle)months,ninety(901days,sixty 1601 days,ur thirty 1001 days.permitted by statute.This paragraph shall be interpreted as applying in circumstances where Sections 628.26,628.27 and 628.28,Code of Iowa,is ap- !`f.• plicabla and shell be construed in accordance with those sections and any amendments thereto. re • 13. It is expressly agreed by the parties hereto that the entire balance owing under this Deed of Trust and the :;.., indebtedness it secures shall become due and payable immediately:la)upon any sale or conveyance of the premises `.s or any part thereof:or,Ibl if Grantor is a corporation,partnership or trust,upon any sale or transfer of a bonoiicial •I'r Interest in Grantor,unless the Grantor or Grantor's successor in interest,shall first have obtained the written coo- "' sent from the Grantee to said sale or conveyance. :".:-Ar",.: . b 31(1 ria 0.16 fr �f'j i �` r, "te ` • GRANTORS COVENANT AND AGREE: F•; 1. That at the time of the execution and delivery of this Deed of Trust, Grantora are well eelzed of*aid 1.. -1-";:"' '• premises In foe simple,have good right and authority to deed the same se herein provided,acid promisee are tree r '.. Vit. - from all encumbrances end charges whatever,except for those disclosed of public record,and that Grantors will I - n..tit _ forever warrant and defend the name against all lawful claims whatsoever. 2. To keep said premises Insured for the protection of Grantee in such manner, for ouch risks,and in such ` amount,as Grantee shell require and in such companies as Grantee may from time to time approve,and to beep the policies therefor,properly endorsed with a standard mortgage clause with loss payable to the Grantee and Grantora y,,,.li es their respective interests appear,on deposit with Grantee:and that lose proceeds(lass expenree c(collection) 4W�a n. shall,at Grantee's option, be applied on said indebtedness whether due or not,or to the restoration of acid Im- provemente. 1 '?' • 3. To pay all taxes and special assessments of any kind that have been or may be levied or assessed within "a.. the State of Iowa upon said premises, or any part thereof, or upon the notes, agreements, obli rations and en- Lti'-�r. debtedness or debt secured hereby,or upon the interest of Grantee in said premises or In said notes,agreements,"^, obligations and indebtedness or said debt,and procure and deliver to Grantee,at Its home office,ten days before the day fixed by law for the first interest or penalty to accrue thereon,the official receipt of the proper o(Qcer.bow }'•a'`' lag payment of all such taxes and assessments. • «+�M • e: 4. To keep said premises free from all prior liens end upon demand of Grantee to pay and procure release of any lien which in any way may impair the security of this Deed of Trust. 5. In the event of default by Grantors under paragraphs 2, 3.or 4 above, Grantee, et its option(whether i electing to declare the whole indebtedness hereby secured due and collectible or not).may(a)effect the insurance Y---a above provided for and pay the reasonable premiums and charges therefor;(b)pay all said taxes and assessments without determining the validity thereof(unless Grantors have instituted proper latah proceedins to test the I validity of such taxes or assessments and have deposited with Grantee security therefor acceptable to it);and Ic) . pay such liens,and all costs,expenses and attorney's fees herein convenanted to be paid by Grantors.ane all such • payments,with interest thereon from the time of payment at the rate then payable in the notes,agreements,obliga- tions or indebtedness,as the case may be,shall be deemed a part of the indebtedness secured by this Deed of Trust -Pi"`- and shall be immediately due and payable by Grantors to Grantees. 6. That there is no assignment or pledge of any leases of,rentals or income from,said premises now in effect, •.,le...,... that,until the entire indebtedness secured hereby is fully paid. they will not snake any such assignment or • . pledge to anyone except hereunder to the Grantee and will not,without the prior written approval of Grantee,con- : sent to a cancellation of any of said leases having at the time an unexpired term of more than two years,or to a 5' release or reduction of the liability of any lessee under such a lease.No change or modification of a lease or rental contract covering premises herein described shall be binding on the Grantee unless consented to in writing by the Grantee. '• - 1 7. To keep the buildings and other improvements now or hereafter erected in good condition and repair,riot ' 1 to commit or suffer any waste or any use of said premises contrary to restrictions of record or contrary to laws,or- dinances or regulations of proper public authority and to permit Grantee to enter at all reasonable Limas for the put- pose of inspecting the premises. • B. That they will pay the indebtedness hereby secured promptly and in full compliance with the terms of the notes.agreements,obligations and indebtedness hereby secured and this Deed of Trust. 9. Without affecting the liability of Grantors or any other person(except any person expressly released in a: writing)for payment of any indebtedness secured hereby or for the performance of any obligation contained herein, vr. and without effecting the rights of Grantee with respect to any security not expressly released in writing,Grantee • • ' --- • may,at any time and from time to time,either before or after the maturity of any note,agreement,obligation or in- ".:; debtedness hereby secured,and without notice or consent:(a)release any person liable for payment of all or any V.=-' part of the indebtedness or for performance of any obligation:(b)make any agreement extending the time or other- wise therwise altering the terms of payment of all or any part of the indebtedness,or modifying or waiving any obligation,or subordinating.modifying or otherwise dealing with the lien or charge hereof;(c)exercise or refrain from exercising or waive any right Grantee may have;Id)accept additional security of any kind;and.tel release or otherwise deal • f� ,- 1. • with any property,real or personal,securing the indebtedness,including all or any part of the property mortgaged hereby. 10. Grantors covenant and agree that if the loan secured hereby is obtained to assist in financing building con- struction or remodeling,or any other improvements to the property,then,(al this Deed of Trust shall be deemed a yP�-t "construction mortgage" within the meaning of Article IX of the Iowa Commercial Code, and (bi) if such inn- :;; prevenient,shall not,in accordance with plans and specifications approved'iy Grantee,be completed prior to the _--. expiration date of the loan commitment,or(bill if work on such improvement shall cease before completion and re- main abandoned for a period of fifteen consecutive days,the,xistence of eidher circumstance shall constitute en si•Y ' event of default under the terms of this instrument, and at any time thereafter, the said notes.oblige'ions and .�., liabilities and the whole indebtedness secured hereby shall.at the option of the Grantee and without notice to Gran- t /F.`' • tors(such notice being hereby expressly waived),become due and collectible at once by foreclosure or otherwise.In 4-F.- the event of such cessation or abandonment of work as aforesaid,Grantee may.at its option.also enter upon the • 4R'' property and complete the improvements and Grantors hereby give to Grantee full power and authority to male such entry and to enter into such contracts or arrangements as it may consider necessary to complete tile same.All monies expended by Grantee in connection with completion of said improvements shall be included In the in- debtedness hereby secured and shall be payable by Grantors immediately and without demand,with interest at the rate equal to the interest rate then payable in the notes.agreements,obligations or indebtedness,as the case may • '..- I be.Until the loan shall have been fully disbursed the agents of the Grantee shall have the right to enter upon the M;iproperty at any end all times to inspect the improvement project that is under way. ` 11. Grantor will not,now or in the future,mortgage,pledge or encumber or place any lien or encumbrance(or ! permit sante to exist)on the premises,or any part thereof without the prior written consent of the Grantee. • 1 12. Grantors waive acceptance of this trust by Grantee. __ 13. Whenever used,the singular ahall include the plural,the plural shall Include the eingular,and the time of any gender shall include all genders- . _ Dated thio 12th day of Nay ,1987 _ es...., / Q ca t • Melling Address of Grantor - --• - - 106 let Ave. N. x nneth b. Asada - 1 Q Iowa City, Iova 52240 `! _i i rV •--� • Mailing Address of Grantee• r • 229 South Dubuque Street r.'; T; f Iwo Citi, lova 52240• _a . -r "J1. 9g0 gas a' ;_." j 7 c? • < f .# • . y 9 •i I. STATE OF IOWA. 1 County of -- On this day of , Ate.. 19 , before me, the undersigned, a Notary Public In and for State of Iowa,personally appeared • me personally knownwho being by and — - me duly sworn,did say that they are the President,and Secretary,respectively,of said car- 1 os1 poration executing the within and foregoing instrument,and that(the Baal affixed to said Instrument is the cor- porate Beal of said corporation)(no seal has been procured by said eorporatlmn)and that said instrument wu signed i (and sealed)in behalf of said corporation by authority of its Board of Directorx and said I and acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it and by them voluntarily executed. I • Notary Public I • • • STATE OF IOWA, l u: County of Johnson f On this 12th day of May , A.D., 19 67 , before me, the undersigned, a Notary Public In and for the State of Iowa.personally appeared Xennath••D. ......-;;;4. to me known to be the Indentical peraon(X)named in and who executed the f agoing fns s.ant,and o •l..ged ' , that theyfbe executed the same as tk>idrlhta voluntary act and deed. t,Ar��uwiti.mu t Notary Public STATE OF IOWA, County of }as: On this day of , AD, 19 , before me, the undersigned, a • Notary Public In and for the State of Iowa,personally appeared b duly to me personally known,who,being Y me uY sworn did Bay that they are the general partner(s)of said partnership executing the within and foregoing instrument,e nd that said instrument was signed in behalf of sold partnership;and said and , acknowledged the execution of said instrument to be the voluntary act and deed of said partnership by it and by them voluntarily executed. Notary Public 0 C 0 TI :_, ' 1 0-1$ ;Ji- 9 in 1�,E c i N s Ft.: 1 z_. :• �' 010055 .--/" ( �Si S� FILED NO. BO jAGE r� I � � C� T26AM8: 3 D� JOHNSON COUNTY RECORDER IOWA CITY, IOWA Hawkeye State Banlr, 229 S. Dubuque Street, Iowa ci:ty,.,.IA 5?240 (8191 351-4121 / (name,address,and phone number of preparcr) State of Iowa Space Above This Line For Recording Data OPEN-END MORTGAGE (With Future Advance Clause) 1. DATE AND PARTIES. The date of this Mortgage (Security Instrument) is ..OQtcib K..2]..G...199.a and the parties,their addresses and tax identification numbers,if required,are as follows: MORTGAGOR: Kenneth B. Amada 106 1st Avenue N. Iowa City, IA 52245 ❑If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their signatures and acknowledgments. ra LENDER: Hawkeye State: Bank o 229 S. Dubuque Street 0 0 -11 Iowa City, IA 52240 y -n nl c% N ns _J 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which i itowredged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this Se`y3 trity Iti trument, Mortgagor grants,bargains,warrants,conveys and mortgages to Lender the following described property: Lot 49 in Part II of WAshington Park an Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 7, Page 35, Plat Records of Johnson County, Iowa. and Lot 24 in Riverview Estates Subdivision of parts of the southwest quarter of Section 22 and the northwest quarter of Section 27, Township 80 North, Range 6 West of the 5th P.M., Johnson County, Iowa, according to the recorded plat thereof, subject to easements, building and use restrictions The of record isisrlocated an y' property Y .Johnson at 106 1st Avenue N. (County) ..Lot...24..in..Riveruiew... :states , Iowa_City ,Iowa 52245 (Address) (ZIP Code) Together with all rights,easements,appurtenances,royalties,mineral rights,oil and gas rights,all water and riparian rights, ditches, and water stock and all existing and future improvements,structures, fixtures,and replacements that may now,or at any time in the future,be part of the real estate described above (all referred to as"Property"). NOTICE:THIS MORTGAGE SECURES CREDIT IN THE AMOUNT OF$...9.11.E 4.7.4.,87 LOANS AND ADVANCES UP TO THIS AMOUNT, TOGETHER WITH INTEREST, ARE SENIOR TO INDEBTEDNESS TO OTHER CREDITORS UNDER SUBSEQUENTLY RECORDED OR FILED MORTGAGES AND LIENS. 3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time shall not exceed the amount stated above. This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. 4. SECURED DEBT AND FUTURE ADVANCES.The term"Secured Debt"is defined as follows: A. Debt incurred under the terms of all promissory note(s),contract(s),guaranty(s)or other evidence of debt described below and all their extensions, renewals, modifications or substitutions. (When referencing the debts below it is suggested that you include items such as borrowers'names,note amounts, interest rates,maturity dates,etc.) Kenneth B. Amada — $98,474.87 at 8% with a maturity date of October 10, 2001 IOWA-MORTGAGE (NOT FOR FNMA,FHLMC,FHA OR VA USE) 000019 EXHIBIT C,®1994 Bankers Systems,Inc.,St.Cloud,MN (1-800-397-2341) Form RE-MTG•IA 2/18/97 L� nDn • • B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Security Instrument whether or not this Security Instrument is specifically referenced or such future advances or future obligations are incurred for any purpose that was related or unrelated to the purpose of the Security Instrument. If more than one person signs this Security Instrument, each Mortgagor agrees that this Security Instrument will secure all future advances and future obligations that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. All future advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced. All future advances and other future obligations are secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount.Any such commitment must be agreed to in a separate writing. C. All obligations Mortgagor owes to Lender,which may later arise,to the extent not prohibited by law,including,but not limited to,liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender. D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security Instrument. This Security Instrument will not secure any other debt if Lender fails to give any required notice of the right of rescission. 5. PAYMENTS.Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. 6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to grant, bargain, warrant, convey, sell and mortgage the Property. Mortgagor also warrants that the Property is unencumbered,except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property,Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. 8. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, Iease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may requiret a or to provide to Lender copies of all notices that such amounts are due and the receipts evidencing MortgagoC4payment . Mortgagor will defend title to the Property against any claims that would impair the lien of this%curtty kstrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Writ agortrnay-have against parties who supply labor or materials to maintain or improve the Property. 9. DUE ON SALE OR ENCUMBRANCE.Lender may, at its option, declare the entire balance of* Seed Debt to be immediately due and payable upon the creation of, or contract for the creation of, any Mtn; encumbran_et transfer or sale of the Property. This right is subject to the restrictions imposed by federal law-(I2 C.F.I 591), a applicable. This covenant shall run with the Property and shall remain in effect until the Secured bt is p41 in full and this Security Instrument is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep thepPropertyrin good condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent.Mortgagor will notify Lender of all demands,proceedings,claims and actions against Mortgagor,and of any loss or damage to the Property. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 11. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property,including completion of the construction. 12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, warrants, conveys and mortgages to Lender as additional security all the right, title and interest in and to any and all existing or future leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases") and rents, issues and profits (all referred to as "Rents"). Mortgagor will promptly provide Lender with true and correct copies of all existing and future Leases. Mortgagor may collect,receive,enjoy and use the Rents so long as Mortgagor is not in default under the terms of this Security Instrument. Mortgagor agrees that this assignment is immediately effective between the parties to this Security Instrument. Mortgagor agrees that this assignment is effective as to third parties on the recording of this Security Instrument, and that this assignment will remain in effect during any redemption period until the Secured Debt is satisfied. Mortgagor agrees that Lender is entitled to notify Mortgagor or Mortgagor's tenants to make payments of Rents due or to become due directly to Lender after such recording, however Lender agrees not to notify Mortgagor's tenants until Mortgagor defaults and Lender notifies Mortgagor of the default and demands that Mortgagor and Mortgagor's tenants pay all Rents due or to become due directly to Lender. On receiving notice of default,Mortgagor will endorse and deliver to Lender any payment of Rents in Mortgagor's possession and will receive any Rents in trust for Lender and will not commingle the Rents with any other funds. Any amounts collected will be applied as provided in this Security Instrument.Mortgagor warrants that no default exists under the Leases or any applicable landlord/tenant law. Mortgagor also agrees to maintain and require any tenant to comply with the terms of the Leases and applicable law. 13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees-to'coiri.ply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes`a unit 'in.a condominium or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants,by-laws,or regulations of the condominium or planned unit development. i•r r -.r1 L.:(page 2 of 4).. +994 Bankers Systems,Inc.,St.Cloud,MN (1-BOO"7-2341) Form RE-MTG-IA 2/18/97 Gee 0,70 0 '; , l.. • 14. DEFAULT.Mortgagor will be in default if any party obligated on the Secured Debt fails to make payment within ten days after being due. Mortgagor will be in default if Mortgagor fails to observe any other covenant, the breach of which materially impairs the condition, value or protection of Lender's rights in the Property, or materially impairs Mortgagor's prospect to pay amounts due under the Secured Debt. 15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Mortgagor with notice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor is in default. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immedt�atety due anti payable,-after giving notice if required by law, upon the occurrence of a default or anytime thereafter Iir ddifionkLender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and`any related documents.All remedies are distinct,cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of any existing default.By not exercising any remedy on Mortgagor's default,Lender does not waive Lender's right to later consider the event a default if it continues or happens again. 16. REDEMPTION. Mortgagor agrees that in the event of foreclosure of this Mortgage, at the sole discretion of Lender,Lender may elect to reduce the period of redemption for the sale of the Property to a period of time as may then be authorized under the circumstances and under any section of Iowa Code Chapter 628, or any other Iowa Code section, now in effect or as may be in effect at the time of foreclosure. 17. EXPENSES; ADVANCES ON COVENANTS; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument. Mortgagor will also pay on demand any amount incurred by Lender for insuring,inspecting,preserving or otherwise protecting the Property and Lender's security interest. These expenses will bear interest from the date of the payment until paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument. This amount may include, but is not limited to, court costs, and other costs of collection, excluding attorneys' fees. This Security Instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. 18. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES.As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability ActtCERCLA, 42 U.S.C. 9601 et seq.),and all other federal,state and local laws,regulations,ordinances,court ospoNrs,attoey general opinions or interpretive letters concerning the public health,safety,welfare,environment or a hazhOdpus substance;and (2)Hazardous Substance means any toxic,radioactive or hazardous material,waste,pollutant or cbrrthtitinat}� vhich(hfis characteristics which render the substance dangerous or potentially dangerous to the public health .safety,welfarr environment.The term includes,without limitation,any substances defined as"hazardous material;"`toxic snbstanc "hazardous waste"or"hazardous substance"under any Environmental Law. — - Mortgagor represents, warrants and agrees that: -',r A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Su e iscpt will be located, stored or released on or in the Property. This restriction does not apply to all quantities of Hazardous Substances that are generally recognized to be appropriate for the normal us and maimitenance of the Property. B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been,are,and shall remain in full compliance with any applicable Environmental Law. C. Mortgagor shall immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor shall take all necessary remedial action in accordance with any Environmental Law. D. Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 19. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage,deed of trust,security agreement or other lien document. 20. INSURANCE.Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property according to the terms of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause." Mortgagor shall immediately notify Lender of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier and Lender. Lender may make proof of loss if not made immediately by Mortgagor. Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to the Mortgagor. If the Property is acquired by Lender,Mortgagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. 21. ESCROW FOR TAXES AND INSURANCE.Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. (page 3 of 4) 69 1994 Bankers Systems,Inc.,SI.Cloud,MN(1-600.397.2341) Form RE•MrG-IA au B/97 Let 0 0 0 0 2 i 22. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on the Property. 23. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may V prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. ` These rights may include, but are not limited to, any anti-deficiency or one-action laws. Mortgagor agrees that —t— Lender and any party to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Security Instrument.The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. 24. APPLICABLE LAW;SEVERABILITY; INTERPRETATION.This Security Instrument is governed by the laws of the jurisdiction in which Lender is located,except to the extent otherwise required by the laws of the jurisdiction where the Property is located. This Security Instrument is complete and fully integrated. This Security Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms,that section will be severed and will not affect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument.Time is of the essence in this Security Instrument. 25. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate party's address on page 1 of this Security Instrument, or to any other address designated in writing.Notice to one mortgagor will be deemed to be notice to all mortgagors. 26. WAIVERS.Except to the extent prohibited by law,Mortgagor waives any rights relating to reinstatement,the marshalling of liens and assets,all rights of dower and distributive share and all homestead exemption rights relating to the Property. 27. OTHER TERMS.If checked,the following are applicable to this Security Instrument: ❑ Purchase Money Mortgage.This is a purchase money mortgage as defined by Iowa law. ❑ Line of Credit.The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be reduced to a zero balance,this Security Instrument will remain in effect until released. ❑ Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement on the Property within the meaning of Article 9 of the Uniform Commercial Code and section 572.18 of the Iowa Code. ❑ Fixture Filing.Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the future and that are or will become fixtures related to the Property. This Security Instrument suffices as a financing statement and any carbon,photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform Commercial Code. ❑ Riders. The covenants and agreements of each of the riders checked below are incorporateltl,into and supplement and amend the terms of this Security Instrument. [Check all applicable boxer o ❑ Condominium Rider CI Planned Unit Development Rider El Other ,a.,,,,, ❑ Additional Terms. n-1 W ill .71 NOTICE TO CONSUMER -m 3a• (For purposes of this Notice,"You"means Mortgagor) T y' 1.Do not sign this paper before you read it. 2.You are entitled to a copy of this paper. 3.You may pay the-unpaid balance at any time without penalty and may be entitled to receive a refund of unearned charges in ac Mance pith law. 4.If you prepay the unpaid balance,you may have to pay a minimum charge not greater than seven dollars and fifty cents. SIGNATIJES:By signing below,Mortgagor agrees to the terms and covenants contained in this Security Instrument and i �a ••-u ts.�rlortgagor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. ll�i� (Signature) Kenneth B. Amada (Date) (Signature) (Date) ACKNOWLEDGMENT: STATE OF Iowa ,COUNTY OF Johnson 1 ss. On this 21st day of October ,1998 before me,a Notary Public in the state of Iowa,personally appeared....Kennstb..B.....Amacla.,...A..S'n e..,Psrson (Individual) to me known to be the person(s)named in and who executed the foregoing instrument, and acknowledged that he. executed the same as . .his. voluntary act and deed. My commissio e 6-16-99 NOTARIAL Z0*-6‘..,.— Ray G/Glass (NotaryPublic) Sign and date the following statement if this contract affects agricultural land as defined in Iowa Code § 9111. (In the following statement"I"means the Mortgagor.) 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 contract,I voluntarily give up my rights to this protection for this property with respect to claims based upon this contract. (Signature) (Date) (Signature) (Date) 14994 Bankers Systems,Inc.,St.Cloud,MN (1-80' -^''-2341) Form RE-MTG-IA 2/18/97 . (page 4 of 4) € )0022 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY WEST DES MOINES STATE BANK ) Case No. EQCV Plaintiff, ) vs . ) KENNETH B . AMADA; HIGHLANDER ) AFFIDAVIT OF PLAINTIFF' S INC . , AN IOWA CORPORATION; ) ATTORNEY FOR ATTORNEY' S STATE OF IOWA ( IOWA DEPT. OF ) FEES REVENUE AND FINANCE) ; UNITED ) No STATES OF AMERICA (INTERNAL ) 0 REVENUE SERVICE) ; CITY OF ) n IOWA CITY; and CITY BANK ) rn rn T (SOUTH DAKOTA) N .A. ) Defendants . ) T sem. !Ti 5 Do * 9? STATE OF IOWA ) cn ) ss : JOHNSON COUNTY ) I, C . Joseph Holland, being first duly sworn, do depose and state that I am an attorney of record for the Plaintiff in the above-entitled action and that the fee claimed herein is for services actually rendered in this cause . There is no contract, agreement, or arrangement, either oral or written, expressed or implied, between myself and my client, or between myself and any other person, contemplating any division of compensation for services rendered in the above-entitled proceedings except (if shown by these proceedings) other legal counsel in a regular bona fide law partnership with or associated with the undersigned in the above-entitled matter, or jointly serving with him, as attorney, in relation to this cause . The Defendant had information of the whereabouts of the contract sued upon and reasonable opportunity to EXHIBIT p ,pay the same before the suit was brought herein . • diali = ce C . Joseph Holland At ' + • - y at Law 300 Brewery Square 123 North Linn Street Post Office Box 2820 Iowa City, IA 52244 (319) 354-0331 #000002410 ATTORNEY FOR PLAINTIFF Subscribed and sworn to before me by C. Joseph Holland this ,;24Tr" day of January, 2004 . �.tR JOSEPHINE B HOLME§: / la CoMmissionNumber224542 aly-,-)c)/2b1.L� <--�• /'�.,t'� '�'_, oSeptembe�15,205= Nary Public in and for the State of Iowa . O C' r \\Server\shared\WPDOCS\LITIGATE\WDesMoinesStateBank\AffidavitAttyFees.wpd J>5co ` EP N 7' c39 al END OF CASE FILE JOHNSON COUNTY SHERIFF ' S DEPARTMENT P.O. BOX 2540 IOWA CITY, IA 52244-2540 DATE: 04/29/04 ***** PROCESS SERVERS WORKSHEET ***** CP# : 000020042791 DOCKET: 00SVSV064742 AGENCY: 000020042791 PLTF: WADE, PATRICIA PROCESS TYPE: ORIGINAL NOTICE VS . PETITION DFND: IOWA CITY,CITY OF AOR: 0003532 FREY, KIRSTEN H AOR PHONE: 3193518181 COURT OF ORIGIN: JOHNSON CO CP#/PARTY : 000020042791-01 DATE ASSIGNED: 04/29/04 SERVER: 00001 UNASSIGNED SERVER ENTRY SERVE BY: 00/00/00 DATE:O -01-f--0 7 TIME: a,37 AMOL HAZARDS : • SERVICE TYPE: PARTY: IOWA CITY, CITY OF 6ovr- : 410 E WASHINGTON ST BY SERVING: C/O MARIAN KARR, CITY CLERK NV / Ate IOWA CITY IA RACE: HEIGHT: RACE: HEIGHT: WEIGHT: SEX: WEIGHT: SEX: HAIR: EYES : HAIR: EYES: DOB: 00/00/00 SSN: DOB: PHONE: SERVED AT: EMPLOYER: L l I 0 C -AS G'ftr� VEHICLE : YEAR: MAKE: MILEAGE l_C1V SERV FEE: lr-W MODEL: LIC PLATE : STATE: MISC1 MISC2 DESCRIPTION: COMMENTS : # DATE TIME SERVR REASON 1 sr 2 SIGNATURE --' -DATE ti i ; 3 r-_ w - TITLE [ -0 �I 4 5 t • T IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY PATRICIA WADE, ) PLAINTIFF, ) CASE NO. ) vs. ) ) ORIGINAL NOTICE CITY OF IOWA CITY, ) ) DEFENDANT. ) TO THE ABOVE-NAMED RESPONDENT: You are hereby notified that there is now on file in the office of the Clerk of the above Court, a Petition in the above-entitled action, a copy of which Petition is attached hereto. The Petitioner's attorney is Kirsten H. Frey, whose address is 920 S. Dubuque Street, P.O. Box 2000, Iowa City, Iowa 52244,phone: (319) 351-8181; fax: (319) 351-0605. You are further notified that unless you appear thereto and defend in the Iowa District Court for Johnson County, Iowa, at the county courthouse in Iowa City, Iowa,within twenty days after the service of this Original Notice upon you,judgment by default will be rendered against you for the relief demanded in the Petition. LODEMA BERKLEX (Seal) aldev4i2(4)6e CL OF THE ABOVE COURjir Johnson County Courthouse Iowa City, Iowa NOTE: Persons named as Respondents are told to"appear thereto and defend." These words are not always understood. The required appearance may be made either by the Defendant or by Defendant's attorney. IT IS NECESSARY TO SERVE AND FILE A SPECIAL APPEARANCE,MOTION OR PLEADING TO PREVENT A DEFAULT(Rule 87). The attorney who is expected to appear for the Defendant should be promptly advised by Defendant of the service of this notice. If you require the assistance of auxiliary aids or services to participate in Court because of a disability,immediately contact your district ADA coordinator at 319-398-3920,ext.200(if you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942). K12410riginal Notice Wade vs.IC O 0 C=b >= —C N — m T = U IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY PATRICIA WADE, ) ) PLAINTIFF, ) CASE NO. ) vs. ) PETITION FOR DECLARATORY ) JUDGMENT OR,IN THE ALTERNATIVE, CITY OF IOWA CITY, ) PETITION FOR MANDAMUS TO ) COMPEL CONDEMNATION DEFENDANT. ) COMES NOW,the Plaintiff, Patricia Wade, and for this cause of action agaifist the _3 ' Defendant, hereby states as follows: COMMON ALLEGATIONS s • • 1. The Plaintiff is the owner in fee simple of property located at 1565 S. Gilbert Street in Iowa City,Iowa, legally described as: See attached Exhibit A. 2. Defendant, City of Iowa City, as a municipal body, has passed zoning ordinances restricting and limiting the use of real property within the City and is charged with enforcing those ordinances. 3. The property owned by the Plaintiff is located in a zone known and designated as CI-1 Intensive Commercial Zone, as defined in Iowa City Code §14-6E-4. 4. Iowa Code §329.3 provides every municipality having an airport hazard area with the authority to adopt, administer, and enforce zoning regulations for such airport hazard area. Those regulations may include the right to divide the area into zones and to specify tlland u n permitted within that area. > 33 —Tl o N .= �1 Y � 5. Therefore, the property owned by the Plaintiff is also located a controlled activity zone as a result of its proximity to the Iowa City Airport. 6. As a result of its location in a controlled activity zone, Section 14-8A-5 of the Iowa City Code prohibits the issuance of any occupancy permit for any non-compatible use in a clear overlay zone. Section 14-8A-3 defines a non-compatible use as "any activity that would degrade the safety of people on the ground, or occupants of aircraft in flight, including, but not limited to, storage of hazardous materials, above-ground storage of flammable liquids in excess of 660 gallons, and those that lead to an assembly of people, including, but not limited to, residences, theaters, churches, schools, athletic fields, campgrounds, hospitals, office buildings, shopping centers, hotels and motels, and other uses with similar concentrations of persons." 7. The Plaintiff's property is an 8,040 square foot commercial building available for lease. 8. The Plaintiff, her agents or her representatives have contacted the City of Iowa City with multiple proposed uses of the building, all of which have been denied as a result of the property's location in the controlled activity zone. 9. Iowa Code §329.10 indicates that "all airport zoning regulations adopted under this chapter shall be reasonable and none shall impose any requirement or restriction which is not necessary to effectuate the purpose of this chapter." COUNT I: DECLARATORY JUDGMENT 10. The Plaintiff re-alleges the allegations of Paragraphs 1 through 9 Common Allegations above as set forth herein. i= -r rn D �' 11. Iowa City Zoning Ordinance Section 14-8A-3 fails to specify what constitutes a "similar concentration of persons" thereby appearing to prohibit any type of use which has a number of people which is similar to residences and/or office buildings. This constitutes an unreasonable and unenforceable statute as office buildings and residences could have as few as one person on the premises. 12. As such, the City's zoning airport ordinances are unconstitutionally vague, requiring the Plaintiff to guess at its meaning. 13. The airport zoning ordinance also places an arbitrary and unreasonable restriction on Plaintiff's use and enjoyment of the property, which is not reasonably related to safety concerns arising as a result of the property's proximity to the airport. 14. Because the zoning ordinances referenced above impose an unconstitutionally vague, unreasonable, and arbitrary restraint on the Plaintiff's use of his property, the ordinances violate the Plaintiff's due process rights. 15. As a result, the airport zoning ordinances implemented by the City of Iowa City are not enforceable. 16. An actual controversy exists between these parties as to the validity and application of said ordinances. WHEREFORE, Plaintiff prays for a declaratory decree adjudging that the municipal airport ordinances, specifically Section 14-8A-3 of the Iowa City Code, is unconstitutional and void and for such other declaratory relief as will actually settle the rights of the parties. COUNT II: PETITION FOR MANDAMUS -c- •<-. •<-.n 17. In the alternative, the Plaintiff re-alleges the allegations of Paragraph tfhro h T1 9 of the Common Allegations as if fully set forth herein. =<m .0 i v D 18. Until the implementation of Iowa City Municipal Ordinance Section 14-8A-3, Plaintiff was able to effectively lease and utilize her property. 19. The City's adoption and/or implementation of the controlled activity zoning ordinance effectively took the Plaintiff's property for public use and significantly restricted Plaintiff's use of her property. 21. The adoption of the controlled activity zone and the establishment of a prohibition against any "non-compatible use" substantially deprived the Plaintiff of the substantial use and enjoyment of her property. 22. The City of Iowa City has failed to condemn the right depriving Plaintiff of the property or to take any action to have the damages ascertained. 23. On February 13, 2004, Plaintiff demanded that such condemnation be instituted, which has been refused. WHEREFORE, Plaintiff prays that the Court enter an Order requiring that the Defendant institute proceedings to effectuate condemnation of the property taken by the Defendant. KENNEDY, CRUISE, FREY & BRISCOE, L.L.P. G4M-0.-Ca •-, Kirsten H. Frey 001 09 920 South Dubuque S et P.O. Box 2000 Iowa City, Iowa 52244 0 Tel: (319) 351-8181D 0 70 -11 Fax: (319) 351-0605 - N ATTORNEY FOR PLAINTIFF ` 'l G STATE OF IOWA ) ) SS: JOHNSON COUNTY ) I,Patricia Wade, being first duly sworn do upon oath depose and state that I am the Plaintiff in the above-entitled action,that I have read the foregoing Petition for Declaratory Judgment, or in the Alternative, Petition for Mandamus to Compel Condemnation, and that I know the contents thereof, and that the statements contained therein are true as I verily believe. Gglite. ..ed Ver,le— Patricia Wade S bscribed and sworn to before me by the above-named Ron Wade on this 2D day of 2004. , / ,_.c)- ,41..4'",, SHANNON s sTUHR Notary Public in and for the tate o o a ' Commission Number 722237 Mai 2 200 ExpiresCommtssion Kt24\v6a1348 N C:1 O .c... r jn v -T1 0 N 1 --- ',�1 Exhibit A Lot 10 and Lot 11 of Sand Lake Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 10, Page 23, Plat Records of Johnson County, Iowa, subject to easements and restrictions of record; except the portion beginning at the S.E. corner of Lot 11, Sand Lake Addition to the City of Iowa City, Iowa; thence N 89° 22' 49" W, 101.34 feet; thence N 45° 37' 11" E, 10.36 feet; thence N 00° 37' 11" E, 5.17 feet; thence northerly 156.52 feet along a 1095.83 foot radius curve concave easterly and whose 156.39 foot chord bears N 04° 42' 42" E; thence S 89° 22' 49" E, 82.86 feet; thence S 00° 37' 11" W, 168.49 feet to the point of beginning. Said tract contains 15,288 square feet more or less. Kf241v6a1348 Q ^ t l J -n 0 N) 0 II rn 0 '‘ END OF CASE FILE JOHNSON COUNTY SHERIFF ' S DEPARTMENT P .O. BOX 2540 IOWA CITY, IA 52244-2540 ! I1ED DATE: 07/15/04 ***** PROCESS SERVERS WORKSHEET ***** fn 9' 3 CP# : 000020044788 DOCKET: 00LACV064930 AGENCY: IO0(A)20.044788 PLTF: ROHRBACK,ROBERT E PROCESS TYPE: ORIGINAh .:NOTICE, , VS . PETIT 0 DFND: BAILEY, JOREY DEMAND-'FOR `J'URY I7 NA AOR: 0000252 FOSTER, DAVIS AOR PHONE : 3193397727 COURT OF ORIGIN: JOHNSON CO CP#/PARTY : 000020044788-03 DATE ASSIGNED: 07/15/04 SERVER: 00001 UNASSIGNED 50, SERVER ENTRY SERVE BY: 00/00/00 � l TIME: " 25(� AM/PM HAZARDS : SERVICE TYPE: QA'C J PARTY: IOWA CITY,CITY OF : 410 E WASHINGTON ST BY SERVING: �(�L, ' tr\ Cf\ GCP IOWA CITY IA 52240 RACE : HEIGHT: RACE : LI HEIGHT: WEIGHT: SEX: WEIGHT: SEX: HAIR: EYES : HAIR: EYES : DOB: 00/00/00 SSN: DOB: PHONE: SERVED AT: EMPLOYER: 4 [ •t& o, a VEHICLE: YEAR: MAKE: MILEAGE ( SERV FEE: MODEL: LIC PLATE: STATE : MISC1 MISC2 DESCRIPTION: COMMENTS : # DATE TIME SERVR REASON 1 2 SIGNATURE DATE 3 TITLE 4 5 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY ROBERT E. ROHRBACK ) NO. G-AhCUU6 '( I- 30 PLAINTIFF ) ) ORIGINAL NOTICE ^; vs. ) O Jorey Bailey, Individually ) and as a police officer of the City of ) Iowa City, IOWA and the CITY of ) , IOWA CITY, IOWA, _rri 3 q .� DEFENDANTS. ) D w TO THE ABOVE-NAMED DEFENDANT: You are hereby notified that there is now on file in the office of the Clerk of the above Court, a Petition at Law and Jury Demand in the above-entitled action, a copy of which Petition at Law and Jury Demand are attached hereto. The Plaintiff's attorney is Davis L. Foster, 720 S. Dubuque Street, Suite 1, P.O. Box 720, Iowa City, Iowa 52244, (319) 339-7727. You are further notified that unless you appear thereto and defend in the Iowa District Court for Johnson County, Iowa, at the county courthouse in Iowa City, Iowa, within twenty (20) days after the service of this Original Notice upon you, judgment by default will be rendered against you for the relief demanded in the Petition at Law and Jury Demand. LODEMA BERKLEY (Seal) 4 )LeCLK OF THE ABOVE COUR4 "Art'26 Johnson County Courthouse Iowa City, Iowa 52240 NOTE: Person named as Defendant is told to "appear thereto and defend." These words are not always understood. The required appearance may be made either by the Defendant or by Defendant's attorneys. IT IS NECESSARY TO SERVE AND FILE A SPECIAL APPEARANCE, MOTION OR PLEADING TO PREVENT A DEFAULT(Rule 87). The attorneys who are expected to appear for the Defendant should be promptly advised by Defendant of the service of this notice. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at 319-398-3920. Ext.,28& if you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942). IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY ROBERT E. ROHRBACK ) NO. L C (JO cri9 PLAINTIFF ) ) PETITION AT LAW vs. ) AND JURY DEMAND -- Jorey Bailey, Individually ) — and as a police officer of the City of ) - _ E Iowa City, IOWA and the CITY of ) �� IOWA CITY, IOWA, ) == A DEFENDANTS. ) = --' COMES NOW Plaintiff, Robert E. Rohrback, and for cause of action against the Defendants states as follows: PREAMBLE 1. Robert E. Rohrback is an individual residing in Kirksville, Missouri. 2. Jorey Bailey (hereinafter Bailey) is an individual residing in Johnson O County, Iowa. 3. The City of Iowa City (hereinafter Iowa City) is an Iowa munici*ity located in Johnson County, Iowa. -^ 4. On or about November 10, 2002, Bailey was a member of the Iowa C Police Department. 5. On or about November 10, 2002, Bailey, in the course of his duties as a police officer, was on patrol in Iowa City, Johnson County, Iowa. 6. Bailey approached a group of males and without warning sprayed them with OC. 7. Bailey then used several types of physical force on Rohrback. 8. Robert E. Rohrback suffered personal injuries and incurred medical expenses as well as other miscellaneous damages as a result of his injuries. DIVISION I COMES NOW Plaintiff, Robert E. Rohrback, and for cause of action under 42 U.S.C. § 1983 against Jorey Bailey, individually and as a Police Officer of the City of Iowa City, states as follows: 1. Plaintiff repleads paragraphs 1 through 8 of the Preamble as if set out in full herein. 2. Bailey violated Robert E. Rohrback's civil rights protected by the Constitution and laws of the United States and the State of Iowa by using excessive force against Robert E. Rohrback in the course of arrest. 3. Bailey, at all relevant times, acted under color of State Law. a yn C- 4. - 4. Bailey's conduct actually and proximately caused Robert E. Rof rbackrto o . — suffer personal injury. r rn 7.0 5. The amounts claimed exceed the jurisdictional limits of Iowa R;- bf Appellate Procedure 1.202. ^' 6. Bailey acted in willful and wonton disregard for the rights and safety of Robert E. Rohrback. These actions actually caused Robert E. Rohrback damage. WHEREFORE, Plaintiff, Robert E. Rohrback requests judgment against the Defendant, Jorey Bailey, Individually and as a Police Officer of Iowa City, for actual damages in an amount to be determined by the trier of facts, plus interest at the maximum rate allowed by law, for the costs of this action, for attorney fees pursuant to 42 U.S.C. § 1988, and for punitive damages. DIVISION II COMES NOW Plaintiff, Robert E. Rohrback, and for cause of action under 42 U.S.C. § 1983 against Defendant, City of Iowa City, Iowa, states as follows: 1. Plaintiff repleads paragraphs 1 through 8 of the Preamble as if set out full herein. 2. Defendant Iowa City violated Robert E. Rohrback's civil right to be free from excessive force, protected by the Constitution and Laws of the United States by failing to adequately train and supervise Bailey in the course of his employment as a Police Officer. 3. Iowa City, at all relevant times, acted under color of State Law. 4. Iowa City's conduct proximately caused the actions that resulted in Robert E. Rohrback's injuries. 5. The amounts claimed exceed the jurisdictional limits of Iowa Rule of Appellate Procedure 1.202. WHEREFORE, Plaintiff, Robert E. Rohrback, requests judgment against the Defendant, City of Iowa City, Iowa, for actual damages in an amount to be determined by the trier of facts, plus interest at the maximum rate allowed by law, for the6osts c this action, and for attorney fees pursuant to 42 U.S.C. § 1988. >_ c DIVISION III ° <r 1� _m a COMES NOW Plaintiff, Robert E. Rohrback, and for cause of action i a.-Est ge 0 D w Defendants, Jorey Bailey, individually and as a Police Officer of Iowa City, and the Nty of Iowa City, Iowa states as follows: 1. Plaintiff repleads paragraphs 1 through 8 of the Preamble as if set out in full herein. 2. Bailey assaulted Robert E. Rohrback when he confronted Robert E. Rohrback in that Bailey's words and actions put Robert E. Rohrback in fear of physical pain or injury. 3. Bailey battered Robert E. Rohrback in that Bailey repeatedly used physical force to inflict blows upon Robert E. Rohrback's body. Such acts were done with the purpose and intent to cause physical pain and injury. 4. Iowa City is legally responsible for the actions of the members of its police force including Bailey. 5. As a proximate result of the Defendants' actions, Robert E. Rohrback sustained injuries. 6. The amounts claimed exceed the jurisdictional limits of Iowa Rule of Appellate Procedure 1.202. WHEREFORE Plaintiff, Robert E. Rohrback, requests judgment against the Defendants, Jorey Bailey, individually and as a Police Officer of Iowa City, and the City of Iowa City, Iowa, for actual damages in an amount to be determined by the trier of facts, plus interest at the maximum rate allowed by law, and for the costs of this action: DIVISION V COMES NOW Plaintiff, Robert E. Rohrback and for cause of action against Jorey Bailey, individually and as a Police Officer of the City of Iowa City, and the City of Iowa City, Iowa, states as follows: 1 . Plaintiff repleads paragraphs 1 through 8 of the Preamble as if set out in 0 full herein. *� ~ 2. Bailey's attack of Robert E. Rohrback is outrageous conduct. c, ,� 3. Bailey acted with the intent of causing or in reckless disregard die = t� probability of causing severe emotional distress. N 4. Robert E. Rohrback suffered severe emotional distress. Said emotional distress was proximately caused by Bailey's outrageous conduct. 5. Iowa City is legally responsible for the actions of the members of its police force including Bailey. 6. The amounts claimed exceed the jurisdictional limits of Iowa Rule of Appellate Procedure 1.202. WHEREFORE, Plaintiff, Robert E. Rohrback requests judgment against the Defendants, Jorey Bailey, individually and as a Police Officer of Iowa City, and the City of Iowa City, Iowa, for actual damages in an amount to be determined by the trier of facts, plus interest at the maximum rate allowed by law, and for the costs of this action. JURY DEMAND COMES NOW Plaintiff, Robert E. Rohrback, and hereby demands a trial by jury of all fact issues in this case. FOSTER LAW OFFICE By: r 2 Davis L. Foster 000001608 720 S. Dubuque Street, Suite 1 P.O. Box 720 Iowa City, IA 52244-0720 319-339-7727 319-339-7712- fax Attorney for Plaintiff v:13a11259.doc O 0 C 'rn ! ll ciq A END OF CASE FILE • JOHNSON COUNTY SHERIFF ' S DEPARTMENT P.O. BOX 2540 IOWA CITY, IA 52244-2540 DATE: 01/15/04 ***** PROCESS SERVERS WORKSHEET ***** CP# : 000020040314 DOCKET: 000020040314 AGENCY: 000020040314 PLTF : ROBERTS DAIRY CO PROCESS TYPE: NOTICE VS . DFND: IOWA CITY,CITY OF AOR: 0000631 MEARDON, CHARLES A AOR PHONE: 3193389222 COURT OF ORIGIN: JOHNSON CO CP#/PARTY : 000020040314-01 DATE ASSIGNED: 01/15/04 SERVER: 00001 UNASSIGNED SERVER ENTRY SERVE BY: 00/00/00 DATE: ! TIME: AM/PM HAZARDS : SERVICE TYPE: C t cA-•V \L PARTY: IOWA CITY,CITY OF : C/O CITY CLERK BY SERVING: 410 E WASHINGTON lo 4 f: C(4 C..q( IOWA CITY IA 52240 RACE : HEIGHT: RACE: HEIGHT: WEIGHT: SEX: WEIGHT: SEX: HAIR: EYES : \ 1/421\\ \10(2 HAIR: EYES : DOB : 00/00/00 SSN: DOB: PHONE: SERVED AT: EMPLOYER: V` C 0 k/n el ri0ta, VEHICLE : YEAR: MAKE: MILEAGE SERV FEE: MODEL: LIC PLATE: STATE : MISC1 MISC2 DESCRIPTION: COMMENTS : # DATE TIME SERVR REASON ., 1 Q o 0 2 SIGNATURE _ TATE — 3 _=1 ui i TITLE / : -0 71 4 `" ( cap N O 5 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY ROBERTS DAIRY COMPANY and ) NAKOPEC,INC., ) NO. ) Plaintiffs, ) ) vs. ) ) NOTICE OF APPEAL OF CITY OF IOWA CITY, IOWA, ) CONDEMNATION AWARD SAINT LOUIS BANK FOR ) COOPERATIVES do Farm Credit ) Administration and JOHNSON COUNTY, ) IOWA, ) ) Defendants. ) TO: City of Iowa City,Iowa, Saint Louis Bank for Cooperatives do Farm Credit Administration, Johnson County, Iowa, and Sheriff of Johnson County,Iowa YOU AND EACH OF YOU ARE HEREBY NOTIFIED that the above-named Plaintiffs, Roberts Dairy Company and Nakopec, Inc., hereby appeal from the acts of the Compensation Commission and its report entered on January 6, 2004, including the amount of damages. A copy of the Notice of Appraisement of Damages and Time for Appeal is attached hereto as Exhibit "A" and by this reference made a part hereof YOU AND EACH OF YOU ARE HEREBY FURTHER NOTIFIED that Plaintiffs will file a petition as prescribed by the provisions of Chapter 6B, Code of Iowa, and that this appeal is to the Iowa District Court in and for Johnson County and will come on for hearing pursuant to the rules prescribed by said District Court. -kte//ee—e, Q ai CJ7 , � - ,r-r) -13 w `✓ Dated this 14th day of January, 2004. MEARDON, SUEPPEL&DOWNER P.L.C. By�'� Charles A.Meardbn 000009771 122 South Linn Street Iowa City,Iowa 52240 Telephone: 319/338-9222 Facsimile: 319/338-7250 ATTORNEYS FOR PLAINTIFFS o --�1"7 a 1 2 Notice of Appraisement of Damages and Times for Appeal In the Matter of the Condemnation of Certain Rights in Land by ) THE CITY OF IOWA CITY for the use and benefit of said NORTH DODGE STREET j IMPROVEMENT PROJECT STP-1-5(69)—2C-52 located in IOWA CITY • `� JOHNSON - County, Iowa ) -'_ O To: ROBERTS DAIRY COMPANY AND 2H, CITY OF IOWA CITY • Condemnee's Land and Consequential Total Attorney Fees Improvements Damages Award V and Costs ROBERTS DAIRY COMPANY $ $ $115,786.31 $ • • • • You and each of you are hereby notified that the duly appointed and qualified commissioners,assessed and appraised the damages sustained by reason of the condemnation as set out above, and that pursuant to the Code of Iowa,you may within thirty(30) days from the date of mailing this Notice, appeal to the District Court as by law provided. Dated this 6TH day of JANUARY 2004• - • (c?CrLA CCulf-*-43 EXHIBIT "A" Sheriff of JOHNSON County, Iowa Condemnations-Page 39-10/01 END OF CASE FILE IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY THE POLICE LABOR RELATIONS ) ORGANIZATION OF IOWA CITY, ) File No.: G0L‘; '4, 7. IOWA ) Petitioner, ) ORDER SETTING HEARING FOR TEMPORARY INJUNCTION vs. ) CITY OF IOWA CITY, ) ) Respondent. ) ) The Court is presented with Petitioner's request for temporary injunctive relief ancillary to these proceedings. The Court FINDS that a hearing should be set with notice thereof served in the Respondent not less than 7- days in advance thereof. IT IS THEREFORE ORDERED that a hearing on Petitioner's request for a temporary injunction is set for June 23`x, 2004 at .Z 2' P .m., before a judge of this District. Dated this Ctday of , 2004. Judge of the Sixth Judicial District j1 'MOI Uli3 HM01 D >11,1.2210 O `Q ATTORNEY ice-4"--T- 4-&- 6S FOR SE `�JIC., :L 1-1V 0 I Hai' iG%l CC ; tM/f-- `,,Ij e. a44y IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY, IOWA THE POLICE LABOR RELATIONS ) ORGANIZATION OF IOWA CITY, IOWA. ) Case No. L QtuQ6,9e5 {o Petitioner, ) ORIGINAL NOTICE — CITY OF IOWA CITY, ) — rn o �-- Respondent. ) :110--G (i �t ) ) ) TO THE ABOVE-NAMED RESPONDENT: YOU ARE HEREBY NOTIFIED there is a Petition on file in the office of the Clerk of the above court. A copy of this filing is attached. The Petitioner's attorney is Bob Rush, of Rush & Nicholson, P.L.C., whose address is 100 First Street SW, Suite 111, P.O. Box 637, Cedar Rapids, IA 52406-0637. The Petitioner's attorney's telephone number is (319) 363-5209, with a facsimile transmission number of (319) 363-6664. 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 in the Iowa District 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 I G`Z disability, immediately call your District ADA Coordinator at (319) 398-3920, Ext.. (If you are hearing impaired. call Relay Iowa TTY at 1-800-735-2942.) LOLEIIMA BERKLEY r OGL LCLIA t'CLERK H OVE COURT Johnson County C urthouse Iowa City, IA IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY THE POLICE LABOR RELATIONS ) ORGANIZATION OF IOWA CITY, ) Case No.: EGc IOWA ) Petitioner, ) PETITION FOR INJUNCTION AND ) DECLARATORY JUDGMENT vs. ) CITY OF IOWA CITY ) F— - Respondent. ) t_o --, M The Petitioner states for cause of action: . '` n FACTS 1. The Police Labor Relations Organization of Iowa City, Iowa ("Union") is the Iowa Code Chapter 20 bargaining unit representing the City of Iowa City police officers. 2. The City of Iowa City, Iowa ("City") is a municipal corporation and a governing body within the meaning of Iowa Code Chapter 20. 3. The Union and the City are parties to an existing labor contract running July 1, 2003 to June 30, 2004 ("the current contract"). 4. The Union and City have engaged in collective bargaining pursuant to Iowa Code Chapter 20 regarding a labor contract to begin July 1, 2004 ("the new contract"). C) 5. During negotiations on a new contract the Union and the City liaghed an impasse. 5 c.� L 1 6. Pursuant to Iowa Code Section 20.21 the Iowa Public Employment Relations Board ("PERB") appointed a fact-finder, Jonathan Dworkin ("Dworkin") to conduct a hearing and make written findings and recommendations for resolution of disputed issues 7. A fact-finding hearing was held before Dworkin on February 12, 2004. 8. One of the issues submitted to Dworkin involved the cost of medical insurance. 9. Under the current contract, Article XVIII, Section 1 , the City pays the majority of the cost of such insurance but members pay 5% per month of the monthly premium, subject to a "cap" (or maximum) of $35.00 per month during the first six months of fiscal year 2004 and $40.00 per month during the second six months of the fiscal year. Exhibit "A" attached. 10. The City urged Dworkin to recommend change to the health insurance provision of the contract. The Union resisted any change. 11. Dworkin issued his findings of fact and recommendations on March 1, 2004. The recommendations included "continue the current health-care language, as-is, through the next Collective Bargaining Agreement." Exhibit "B" attached. 12. Dworkin's recommendations were accepted by the Union (believing the meaning was clear as to the parties' respective rights and duties regarding payment of health insurance) and the City. Exhibit "C" attached. _ ! T 13. Subsequent to acceptance of the recommendations the City notified m employees it will deduct from members' pay effective July 1 , 20Q4j 5. o of-the? c.n vn 2 medical insurance cost per month with no "cap" as was provided under the old contract. 14. Said action is directly contrary to the agreement and the Union's understanding that member contributions would continue to be subject to a monthly cap. All other issues submitted for decision and recommendation made for the new contract are accepted by the parties. 15. Despite the Union's request, the City has refused to jointly seek from Dworkin a clarification of his decision regarding the health insurance issue. 16. Despite the Union's request, the City has refused to arbitrate the health insurance issue. PETITION FOR INJUNCTIVE RELIEF 17. If the City deducts the full 5% from members' pay, they will suffer irreparable injury through the loss of salary and income. 18. Such unilateral action by the City would impose upon members a contractual term that was not accepted and deprive them of collective bargaining and other rights provided by law, further causing great or irreparable injury to members. 19. The City has communicated its intention to act in violation of members' contract, statutory, and constitutional rights. Said acts by the City would tend to make any judgment herein ineffectual. U C-? t - o t" ri (Ti c a o 3 20. The Union has served an Iowa Code Section 20.22 Request for Impasse Services with the PERB, seeking binding arbitration of the issue of medical insurance payment under the proposed new contract. 21. The Union believes the City will continue to disregard these efforts and take the deductions from members' compensation as threatened unless enjoined. 22. No petition for the same relief, or part thereof, has been previously presented to and refused by any court. 23. No bond should be required from the Union because no damages may be adjudged against it by reason of the injunction. Wherefore Petitioner prays the Court enter temporary and permanent injunctions ordering the City to make no deductions from Union members' compensation in excess of those permitted under the contract in effect July 1, 2003 to June 30, 2004 until further order of this Court. CD 7-7-1-] rrl ,-, Q =a:�� rn D o PETITION FOR DECLARATORY RELIEF 24. The Union, through the members it represents, has an interest in the interpretation and effect of the Fact-Finder's March 1, 2004 Decision and the parties acceptance of the recommendations. 25. The Union requests the Court declare the parties have agreed to a contract in effect July 1, 2004 to June 30, 2005 containing the same terms for payment of medical insurance as stated in Article XVIII, Section 1, of the July 1 , 2003 to June 30, 2004 contract and the same cap or maximum payment 4 contribution, to-wit $35.00 for the first six months and $40.00 per month for the second six months. Wherefore the Union prays the Court declare there is a binding agreement with the City, that includes caps on health insurance premiums and such further relief as may be just and proper in the case. RUSH & NICHOLSON, P.L.C. 100 First Street SW, Suite 111 P.O. Box 637 Cedar Rapids, IA 52406-0637 Phone: (319) 363-5209 Facsimile: (319) 363-6664 bob • rus _e.cholson.co lOrrf By: • Bob Rush LI0004771 ATTORNEY FOR PETITIONER -`- -n D' CD 5 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY THE POLICE LABOR RELATIONS ) ORGANIZATION OF IOWA CITY, ) Case No.: IOWA ) Petitioner, ) DAVE GONZALEZ AFFIDAVIT IN SUPPORT OF O vs. ) TEMPORARY INJUNCTION CITY OF IOWA CITY, ) C.)- rri 0 Respondent. ) 0 CD I, David Gonzalez, being first duly sworn in oath, state that I have personal knowledge of the facts and circumstances stated as follows: 1. I am the current President of the Police Labor Relations Organization of Iowa City (the Union). 2. The Fact-Finder's March 1, 2004 recommendations were accepted by the City and the Union. 3. The Union accepted with the understanding our member's medical insurance payments as provided under the 2003-2004 contract, i.e., a maximum payment per member of $40.00 per month would not be changed. 4. The City unilaterally gave notice it will begin to deduct from members' pay effective July 1, 2004, 5% of the cost of said insurance and disregard the premium cap called for in the contract. 5. Such action will result in irreparable injury to our members including decreased pay to our members, immediate financial hardship and resultant anxiety, frustration and emotional distress. 6. Further, by acting unilaterally to deduct this from our members' pay the City will deprive our members of their collective bargaining rights provided by law and will act without due process of law under the Iowa and United States Constitutions. 7. Moreover, if the City deducts 5% of medical insurance costs from members' pay July 1, 2004 and thereafter, said deductions would precede any decision which could be rendered herein or in the binding arbitration requested by the Union through the PERB and render those proceedings ineffectual or, if binding arbitration was otherwise unavailable, would tend to make any judgment rendered herein ineffectual. oZ,G,d L SI GNE6 David Gonzalez Subscribed and sworn to before me this day of , 2004 Notary Public f_'Y �\ s C- -y 0 O fTT ,s, I i 1 a 0 STATUTORY IMPASSE PROCEDURE BOARD IOWA PUBLIC EMPLOYMENT RELATIONS .FACTFINDING RECOMMENDATIONS IMPASSE BETWEEN * PERB Case No CEO 338/Sector 3 CITY OF IOWA CITY Department of Public Safety Decision Issued: March 1, 2004 * -and- THE POLICE LABOR * RELATIONS ORGANIZATION * Jonathan Dworkin, Factfinder. OF IOWA CITY * O 0 —tl Representing the City_ r i Steve Rynecki Chief,Negotiator s L J may Representing the Barg_ ming A9-ent r ,,lob Rush Attorney for the PLRO * * * IMPASSE SUMMARY With a population just over 62,000, Iowa City, Iowa is the sixth largest muni- cipality in the state. It is slightly smaller than Waterloo and larger than Council Bluffs. It is a remarkably beautiful, cultured community; at its center is one of the nation's most respected universities, the University of Iowa, home of the Hawk- eyes. -1- EXHIBIT PLRO - IOWA CITY FF This is a contractual impasse factfinding dispute between the City and an independent labor organization, the Police Labor Relations Organization of Iowa City ("PLRO"). The PLRO is the recognized Bargaining Agent for Police Officers below the rank of sergeant, excluding confidential employees and those sched- uled to work less than half-time. • The current Collective Bargaining Agreement will end June 30, 2004. The controversy here involves terms for another one-year Contract. Through bargain- ing and mediation, the parties resolved all but two issues. Wages and Health Benefits remain at impasse; they have been referred for factfinding recommenda- tions. The PLRO demands 3.5% be added to the base pay for 2004-2005. The City's counteroffer is 2%. During the hearing, it became evident that the City's factfinding wage proposal was strategically less than the settlement it expected. It had already concluded a backloaded three-year contract with the International Association of Fire Fighters (°IAFF") at 2.75% + 2.75% +2.85%. It also settled a two-year agreement with the American Federation of State, County and Municipal Employees ("AFSCME", representing the City's service workers) at 2.75% + 2.75%. The City's Advocate was too sophisticated in collective bargaining to believe that his 2% offer would be acceptable. But he knew that it might induce me to recommend more than 2% but less than. 3.5%.1 N to Every experienced factfinder knows that often (but not always), negdfitors .r expect a wage recommendation between the demand and counteroffer. This=e,gier makes factfinding a sham, or requires a factfinder to divine where the settlement e -2- ! i �- " l /-s• \ co L�J C► • PLRO- IOWA CITY FF • Health insurance is the City's proposal to require employees to carry a greater percentage of individual and family coverage cost. The Union's position is that no change should be recommended. Under the existing plan, Police Officers without family coverage pay no premiums; those who insure their families pay 5 percent of the.premium cost. The policy features 90/10 co-pay for both in- `and out-patient medical services, provided that the maximum charge to any member of the Unit cannot exceed $500 per year. It also has lower annual de- ductibles of $100 for prescriptions, anesthetics, blood plasma, casts, crutches, durable medical equipment, private-duty nursing services, air and ground ambu- lances, and "other supplies when ordered by a physician." November 20, 2003, the plan administrator2 advised the City that a 14 percent savings probably would result from the following changes: 1. Increase coinsurance from 10% to 20%: Rates would decrease about 2% 2. Increase OPM [out-patient medical] from $500 to $1,500: Rates would decrease about 7%. 3. increase Other deductible[s] from $100 to $300: Rates would decrease about 5%. O ' -t-- 2 Iowa City is self-insured. rri CO-3- c-3 ca PLRO - IOWA CITY FF DECISIONAL GUIDELINES AND STANDARDS Iowa pioneered in legislation authorizing and regulating union representa- tion for public employees. In the mid-1970's,while most so-called"liberal" states still viewed public workers as "servants" without organizational protections, the Iowa General Assembly enacted a Public Employment Relations Law, which began with the following statement of principle: The general assembly declares that it is the public policy of the state to promote harmonious and cooperative relationships between government and its employees by permitting public employees to organize and bargain collectively . . . Though the law prohibited strikes in the public sector, it did establish the frameworkfor grievance procedures. More importantly, it required both employers and recognized bargaining agents to negotiate collective bargaining agreements in good faith. The Act calls for three successive modes of assistance when contracting parties reach a negotiations impasse: First is mediation,which is simply the inser- tion of an outsider into negotiations who has expertise in helping bargaining teams to find ways to overcome the obstructions to settlement. Second, if mediation U `. n • --n n o rn x. -4- co D o 0 • PLRO - IOWA CITY FF does end the controversy, the law provides for factfinding.3 A factfinder, who is either mutually selected by the parties or appointed by the Public Employment Relations Board ("PERB"), holds hearings on the impasse items and issues recommendations. The parties to a dispute can either accept or reject a factfinder's settlement suggestion. The third stage is interest arbitration. An arbi- .trator or tripartite board, again selected or PERB appointed, conducts hearing(s), reviews evidence, and submits final, binding awards on each of the disputed contract items. Arbitrators, of course, have more power to resolve disputes than factfinders. But the scope of their authority also is much more restricted. Section 20.22 of the Public Employment Relations Law addresses binding arbitration and states in part: 3. The submission of the impasse items to the arbitrators shall be limited to those issues that had been considered by the fact-finder and upon which the parties have not reached agreement. With respect to each such item, the arbitration board award shall be restricted to the final offers on each impasse item submitted by the parties to the arbitra- tion board or to the recommendation of the fact-finder on each im- passe item. [Emphasis added.] C-? `mac) c =;r1 0 !--I—] ' s After the law passed, the general assembly amended it to relieve teachers organizations from factfinding. Their impasses proceed directly from mediation to interest arbitration. -5- PLRO - IOWA CITY FF No such limitations govern factfinders. Section 20.21, which describes their au- thority, provides simply: The fact-finder shall make written findings of facts and recommendations for resolution of the dispute . . . I have not included this review of the law as"filler,"to lengthen the decision or add to its cost. It is here because the Advocates for both the City and the Union called my attention to the breadth of my authority repeatedly during the hearing. Both seemed to recognize, as did I, that there is an inherent problem in the wage structure for this Unit, and it will not be cured by adding 2 percent, 2.75 percent or even 3.5 percent to the base. The base wage is what new hires are paid. It has more to do with the Municipality's interest in competing for new Police Officers than what most of the Unit members will earn in the coming year. Accord- ing to the City's own testimony, the majority of its Officers cluster at about ten years' continuous service. Section 20.22 also sets forth mandatory guidelines for interest arbitrators that do not appear in the language on factfinding. Subsection 9 states: 5 0 rte, 1 � 9. The panel of arbitrators shall consider, in addition to any other relevant:- factors, elevant 3factors, the following factors: ' "rn 7' a. Past collective bargaining contracts between the parties including thea r` 9? bargaining that led up to such contracts. }' o b. Comparison of wages, hours and conditions of employment of the involved public employees with those of other employees doing compara- -6- PLRO - IOWA CITY FF ivin consideration to factors peculiar to the area and the O � ble work, g g classification involved. c. The interests and welfare of the public, the ability of the public em- r;T1 ployer to finance economic adjustments and the effect of such adjust- r r ;� ments on the normal standard of services. J �? d. The power of the public employer to levy taxes and appropriate funds for the conduct of its operations. These regulations might not govern factfinding under legislative declaration, but it would be absurd for a factfinder not to follow them. Reduced to their essence, they say that one who is called upon to assist in negotiations should be mindful of the interests of both the employer and the employees and should endeavor to find the fairest balance between the two. In making these recommendations, I have tried to follow Section 20.22. Subsection 9, but only to the extent that the parties furnished evidence to justify findings of fact. Notably, there was scant evidence on ¶d. Therefore, I was unable to make a meaningful determination concerning Iowa City's power to levy taxes. However, the Advocates presented exhibits and arguments concentrating on parity in comparable communities (¶b), past collective bargaining agreements (¶a), and "ability to pay" (¶c). In addition, the record contains many references and exhibits on the subject of internal parity — comparisons between what the Employer offered the Police and what it agreed to pay the firefighters and service employees. Although this kind of parity is not mentioned in any of the sub-para- graphs of Subsection 9, it traditionally carries significant weight in factfinding and -7- • PLRO - IOWA CITY FF • interest arbitration: Therefore, it should be regarded as a guideline from the preamble to Subsection 9 — the requirement to consider the listed subjects "in addition to any other relevant factors." FACTS, CONTENTIONS AND FINDINGS WAGES: Despite that the University of Iowa has given this community a strong presence with consistent employment that has to be the envy of other less endowed Iowa municipalities, the facts show that the City is facing significant reductions for fiscal year 2005. Revenues here are based almost entirely on property taxes. For 2005, the State rolled back property taxes from$17.596 to $17.352 per $1,000 assessed value. It also made other cuts in aid to cities, as demonstrated by the following Employer exhibit: LOSS OF FINANCIAL AID -Tl State Population Allocation -$570,000m i ! 1 Personal Property Replacement -$300,00 Rollback (effect of:) -$800,000 o Bank Franchise -$100,000 Machinery & Equipment (replacement) -$750,000 Gas & Electric Utilities $ ? (revenue guarantee) Federal Government Aid Package to state $100,000,00 (State kept it) -8- • PLRO - IOWA CITY FF It is not uncommon for communities looking toward major general-fund losses to try to reach economic stability by undercutting employee expectations for benefits and wage increases. After all, the expense of employees is the chief burden on any municipality's resources. Therefore,wage freezes and benefit cuts (or cost sharing) is the most painless way to achieve financial security. But Iowa City, to its credit, did not take that approach—not entirely. It did lay off one library FTE (full-time position equivalency), five police FTE's, four fire positions, two parks and recreations FTE's, 2'/2 public works FTE's, and 21Afinance and adminis- tration FTE's. It made drastic reductions in public services, doubled the fines for parking violations, reduced public events by 10 percent, increased fees for hous- ing inspections, and took other actions too numerous to recite here. The net result was a projected addition to the general fund (to absorb the projected loss) of nearly $1 3/4 million ($1,727,0000.) The Employer concludes that, under the circumstances, a settlement for the Police around what the firefighters and service employees accepted would be generous and more than reasonable. The problem here, as the Employer sees it, is that the PLRO is the last to negotiate. Money is not the real issue, according to the City: "These guys just want to show the others they can do better."4 11,O y_i c- 4 City Advocate's closing statement. o o rn x. ` ►) -9- 0 --a: L.3 a D c73 • PLRO - IOWA CITY FF With few exceptions, the negotiating teams relied on the same Iowa cities for their arguments on external parity. They introduced numerous charts, graphs, and similar exhibits to support their respective positions. While I studied all of them, two left me with impressions especially favorable to the Union. The first was an exhibit on pay for sergeants; only one of the comparable cities pays its sergeants more. In other words, Iowa City is second in the state in that category. Here, sergeants earn$70,012; top Police Officers are paid$48,588 per year. The differential, $21,424, is a staggering 44 percent. In response,the Employer called attention to the fact that sergeants do not receive overtime, while a Police Officer averages $5,000 per year, and that reduces the differential to about 26 percent. I have difficulty understanding the City's logic. Why is it an advantage for these Officers to work about 6.5 percent over their regular shifts? Two primary goals of the labor movement have always been to guarantee a fair day's pay for a fair day's work and to assure that employees will have leisure time for them- selves and their families. Overtime may be a bonus for some, but it is a penalty for others. Why is there so much Police overtime in Iowa City? The following Union exhibit seems to hold the answer: c C7 Fil Fr ?�` --, D a -10- PLRO - IOWA CITY FF • CITIES POPULATION SWORN CITIZENS PER OFFICERS OFFICER �-) v r Ames 50,731 48 1,056.9 0 ct Iowa City 62,220 71 876.34 C` r' o Cedar Falls 36,145 42 860.6 `m �� Bettendorf 31,275 41 762.8 e9 West Des Moines 43,403 63 688.94 y o Sioux City 85,013 125 680.1 Dubuque 57,686 90 640.96 Cedar Rapids 120,758 195 619.27 Davenport 98,359 159 618.61 Waterloo 68,747 121 568.16 Des Moines 198,682 375 529.82 Council Bluffs 58,268 110 529.71 Except for Ames, every other community on the list of agreed comparables has a higher ratio of police officers to population than Iowa City. It is not my province to dictate what this City's staffing should be or how it ought to operate its Depart- ment of Public Safety. It is evident that the Administration believes hiring fewer Officers and paying overtime penalties to carry out its mission is more expedient than enlarging the Police Department. Council Bluffs, which is smaller than Iowa City by 3,952 people (6%) has thirty nine more officers. To reach even this number, Iowa City would have to increase its force by 55 percent. Such increase -11- PLRO - IOWA CITY FF would undoubtably eliminate most if not all of the overtime, but at a greater cost. The point I'm trying to make is that available overtime is not an allowance that the City can legitimately use to reduce what would otherwise be an appropriate wage offer to the Union. Internal parity, which is usually the product of pattern bargaining, is perti- nent to this dispute. I.began hearing public-sector cases in 1971, several years before the Iowa law. Another Arbitrator, well known in Iowa, was also active in the field -Doctor Harry Graham. Doctor Graham and I have debated publically and privately for more than a quarter-century concerning the influence of internal parity. My position in those debates was that each public bargaining unit had a right and obligation to act independently - to achieve the best terms it could for its members regardless of what other units might settle for. I did not believe in "lighthouses"-units that set the pattern others mechanically followed. I regarded that as a repudiation of union leadership responsibilities. Though my philosophy has remained fairly constant throughout the last thirty three years, it has been tempered by practicality and reality. It is fair to say that a majority of public employers cannot afford to make separate deals with each of its bargaining units unless it is willing to risk dissension, unrest, labor trouble. So, in most cases internal parity is crucial both to bargaining units and employers. This is especially true among safety forces (firefighters and police), which ordi- O -n -12- =; o fl Pr-/ te ` r- a _ PLRO - IOWA CITY FF narily expect economic consistency and equality in their collective bargaining agreement.5 Curiously, statistics show that Iowa City has not customarily negotiated identical raises with each of its three bargaining agents, and there is no indication that the separate settlements that have occurred have caused the unrest that 'advocates of pattern bargaining predict. Over the last decade, each union has ratified its contractwithout any"me-too"clauses or reopener agreements designed to establish parity with the best settlement. The following table, derived from City Exhibit M illustrates the point: YEAR BAR- CONTRACT AFSCME FIRE POLICE GAINED YEAR July, 1994 1995 3% N.A. 3% f--. July, 1995 1996 3% 3.25% 3.25% a July, 1996 1997 3.25% 2.8% 2%-2% July, 1997 1998 3% 3.25% 3% 71 rn July, 1998 1999 2%-2% 2%-2% 3% i� - '73 " `--) y 7. r► July, 1999 2000 3% 3% 3% y c::) July,2000 2001 3% 3.25% 3.25% . July,2001 2002 3.25% 3.25% 3.25% July,2002 2003 3.25% 3.25% 3.25% July,2003 2004 3% 2.75% 3% 5 This has always been puzzling to me. It is hard to imagine a single firefighter who would be willing to accept a police officer's eight-hour, five-day schedule in ex- change for an extra one percent on his/her base wage. -13- PLRO - IOWA CITY FF While I concede that pattern bargaining is the practice and expectation of most public-sector negotiators, and am inclined to follow the doctrine instead of upset- ting tradition, I find that the history in Iowa City releases me from this constriction. Even though the Employer could show that the 2002 and 2003 agreements with the three unions contained identical raises and that 2005 settlements for AFSCME and the IAFF were apart by only one-tenth of a percent, the record shows that there were additional wage advantages that were exclusive the IAFF contract. The tentative agreement that led to that contract was submitted = in cD ' into evidence by the City as Exhibit P. It provides in part: r -7c C? TENTATIVE AGREEMENT CITY OF IOWA CITY AND IOWA CITY ASSOCIATION OF PROFESSIONAL FIREFIGHTERS IAFF, AFL-CIO LOCAL 610 January 20, 2004 The parties hereby agree to the following changes in the Collective Bar- gaining Agreement to be in effect from July 1, 2004 through June 30, 2006 (FY05 and FY06) 2. An across-the-board wage increase of 2.75% at the beginning of FY05. 3. Increase annual Holiday Pay as provided in Article VIII from $250.00 ($25 per holiday) to $310.00 ($31 per holiday) effective in FY05. -14- PLRO - IOWA CITY FF 4. An across-the-board wage increase of 2.75% at the beginning of FYO6. 5. Increase each step in the annual longevity payment schedule under Article XXVIII, Section 2 by $50.00 effective in FYO6. Turning to external parity, Union Exhibit 7 shows that Iowa City ranks seventh out of thirteen municipalities in top pay for Police Officers. It also shows, however, that the fourth through seventh cities are in a cluster, with differences amounting to only pennies per hour: CITY GROSS SALARY HOURLY Davenport $54,554.00 $26.22 Des Moines $54,181.00 $26.05 Bettendorf $54,006.00 $26.25 G' O Council Bluffs $49,440.19 $23.76 �? --n Waterloo $49,296.00 $23.70 o West Des Moines $48,910.00 $23.50 _ �_ J Iowa City $48,588.00 $23.36 c" Sioux City $47,132.12 $22.68 Coralville $46,749.00 $22.47. Cedar Rapids $46,550.00 $22.38 Ames $45,983.00 $22.10 Dubuque $42,774.00 $20.55 Cedar Falls $41,381.00 $19.89 -15- PLRO - IOWA CITY FF With respect to rankings, the Employer argument on overtime bears repeating. If, as the City contends, each Officer on average receives $5,000 overtime pay annually, that could raise Iowa City from seventh to fourth on the list. But the argument lacks substance for two reasons: First, it makes no accounting for over- time paid in other comparable municipalities. It is illogical to assume that this is the only City on the list that employs police officers beyond their regular shifts. Second, as I stated earlier, I do not believe premium pay is a substitute for fair wages. Perhaps the most influential exhibit was introduced by the City. It is a colored line graph illustrating where wages of this Unit rank against police in other cities at each step of PLRO members' careers. It shows that these Employees start with low wages, but rise to the top of the comparables at 41/2 years' service. After that, their standing falls precipitously, then levels off without perceptible movement against the comparables from 10 through 25 years' service. Article)(XVIII, Sections 2 and 3, and Appendix A of the Agreement explains the cause. Section 2 provides in part: Officers will receive step increases in pay according to the following schedule: Step 1. Upon appointment. O Step 2. Twelve months from date of appointment. >=11 -< - n Step 3. Eighteen months from date of appointment. = i s,. 0 -16- D cp PLRO- IOWA CITY FF • Step 4 Thirty-six months from date of appointment. Step 5. Fifty-four months from date of appointment. The step increases referenced in Section 2 are set forth in Appendix A-as follows: POLICE OFFICER PAY PLAN Step 1 Step 2 Step 3 Step 4 Step 5 • $ 16.11 $ 16.51 $ 19.83 $ 21.71 $ 23.26 $ 1,288.80 $ 1,320.80 $ 1,586.40 $ 1,736.80 $ 1,868.80 $33,508.80 $34,340.80 $41,246.40 $45,156.80 $48,588.80 In addition, Officers earn longevity pay under Section 3: Permanent employees who have completed the required number of years of continuous service with the City by December 1 shall receive longevity pay on the last paycheck in November in accordance with this schedule: YEARS COMPLETED C7 ON DECEMBER 1 AMOUNT >17:3/4 0 0 5 years $300.00 !� 10 years $450.00 -�� �► 15 years $600.00 00 20 years $750.00 • y o 25 years $1000.00 This payment will be pro-rated on the basis of monthly segments for members who terminate before December 1 in any fiscal year. Any employee who terminates after December 1 will reimburse the City on the same pro-ration. -17- • PLRO - IOWA CITY FF As can be observed, Employees move rapidly through the step increases until they reach their 4% year anniversary, when the steps end. After that, the difference between the annual pay of a 5-year Officer and one with 25 years' service is determined by Article XXVIII, Section 3 — Longevity Pay. And that twenty-year difference is only $700. This is an inequity that cannot be made right all at once, but I believe that the 2004-2005 Agreement should begin the corrective process. In recommending the correction, I must try to balance equity with the City's needs and to distribute limited resources where they will do the most good. A large increase on the base would not meet these ends. It would unduly burden the general fund without applying the money where it is most needed. Therefore, my recommendation for wages will encompass both the base and longevity pay. The base raise recom- mendation will be 2.5%. In addition to, and as an inseparable part of this recom- mendation, I will advise that longevity pay should be increased as follows: O ' 0 5 years From $300 to $425 —! 10 years From $450 to $750 ' 15 years From $600 to $900 r�- !i 20 years From $750 to $1,050 25 years From $1,000 to $1,300 S i' c? y c' Even if the parties accept this recommendation, it will provide only a tempo- rary band-aide for the future. The underlying problem is that longevity is calcu- -18- • PLRO - IOWA CITY FF lated in dollars instead of percentage of base pay. So long as this continues, the differentials between long- medium- and short-term Officers will shrink annually. HEALTH CARE: It is obvious that Iowa City, and probably every other public employer, has to continually look for innovative ways to contain the cost of .health insurance. Unions understand this and know that their memberships will have to"bite the bullet"and contribute increasingly to the expense of their families' health needs. The City brought three proposals to the table; I find two of them to overly burden the employees for this negotiation. Doubling the coinsurance to save just 2% seems inordinate at this time. The same is true of the proposal to triple the employee cost of out-patient services for a savings of 7%. The third proposal - increasing other deductibles from $100 to $300 — would not unreasonably reduce insurances and might warrant the 5% savings that the City would realize. However, neither the firefighters nor the service employees signed agreements with any of these changes. And though there have been minor differences in premium contributions over the past ten years, coverages for all employees in all three unions have been exactly the same. Each member of each union has received the same benefits and has been subject to the same deduct- ibles, and coinsurance obligations. In my judgement, health insurance is the area where internal parity is pore crucial than in any other aspect of wages, hours, or employment terms. Acar_t- -19- c)r-• 1-11 Y o PLRO - IOWA CIT`( FF ingly,while the City's proposal is probably justified, I find that it should be withheld from this Bargaining Unit until it is strenuously negotiated and accepted by the other two unions. As the City well understands, this might require concessions but that is not at all unique when an employer seeks to increase its employees' share of health-care costs: For these reasons, the recommendation will be to continue the current health-care language, as-is, through the next Collective Bargaining Agreement. RECOMMENDATIONS WAGES Consistent with a factfinder's authority to make recommendations that deal with but do not exactly comport with the parties' submissions, the following recom- mendation for PLRO wage raises encompasses both an increase on the base and increases in longevity pay. In making these recommendations it is my intention to provide a majority of the Bargaining Unit with reasonable raises while distribut- ing Iowa City's limited resources where they will do the most good. It should also be noted, that the raise on the base, which is intentionally low, is compensated for by additions to longevity and allows the Employer to backload its salary obliga- tion. It is my intention that the following two recommendations are to be regarded as a single, inseparable issue, not two separate issues: O C' > - ---i C� o '-T] -20- m _2 -a. `J y PLRO - IOWA CITY FF ARTICLE XXVIII COMPENSATION It is recommended that the base wage be raised 2.5% for the 2004-2005 Agreement. ARTICLE XXVIII, SECTION 3 LONGEVITY PAY It is recommended that PLRO longevity pay be increased to the following amounts: YEARS COMPLETED ON DECEMBER 1 AMOUNT 5 years $425 10 years $750 15 years $900 20 years $1,050 25 years $1,300 HEALTH CARE It is recommended that the City retract its health-care proposal until such time as it is able to negotiate the changes it seeks with all three unions. Current language of the Iowa 500 Health Care Coverage Plan should be carried forward without amendment in the PLRO 2004-2005 Agreement. a g c W) _ `11 -21- C'' c' Fr! _. II PLRO - IOWA CITY FF Recommendations issued at Lorain County Ohio March 16, 2004. E Jonathan Dworkin, Factfinder SERVICE True copies of the foregoing decision and recommendations were sent by Express Mail to Steve Rynecki, Iowa City Representative, 411 E. Wisconsin Avenue, #700, Milwaukee, WI 52302, and to Robert Rush, as representative of the Police Labor Relations Organization of Iowa City, 100 First Street, SW, Suite 111, Cedar Rapids, IA 52406-0637 this sixteenth day of March, 2004. A copy also was sent to PERB with a copy of my statement for services and -xpenses and the hearing record, by regular mail, Mar h 17, 2004. J gray ) Jonathan Dworkin, Factfinder • o =i0 o OD D o -22- • 13 ARTICLE XVII • WATCH TRANSFERS Section 1. In the event at an officer having s: ority desires to transfer to a different watch, he/she shall make appli.• ion to the Chief .f Police. The Chief of Police will not unreasonably withhold permission to ansfer after •nsidering the ability and experience of the officer, the nature and type of work to ,e pert.• ed on the watch, and the need for personnel having certain qualifications on said watch. No officer shall be permitted more ,,: • one (1) transfer during any one (1) calendar year. In the event an application for ansfe "s filed because of an emergency, the Chief of Police will give special consideration . the facts a • circumstances related thereto. Subject to the foregoing . iters may tra.: watches provided that the Chief of Police approves any such transfer. Section 2. No o er who is transferred shall lose . days off, sick or vacation leave by virtue of such transfer..nless mutually agreed by the officer an. he City. Section he employer agrees to provide to each affecte. a icer written reasons for and reasonable n' ce of involuntary watch transfers with due regard f. seniority. To the greatest extent pos .• e, such notice shall precede the effective date of transfer b. ourteen (14) days. ARTICLE XVIII INSURANCE Section 1. The City shall, at no cost to the officer, maintain for each officer and eligible dependents the medical insurance policy now in existence or its equivalent in coverage. -. Employees who elect to obtain family coverage will pay five percent (5%) per month of the monthly premium (prorated for part-time employees) toward the cost of such coverage, subject to a cap of $35.00 per month for the first six months of FY04, and subject to a cap of $40.00 per month for the second six months of FY04. The parties agree to actively pursue incentives and/or alternatives to the existing health care plan and pledge their mutual cooperation to achieve this end. However, no such programs will be implemented except upon mutual agreement by the City and the Union. Section 2. The City shall provide, at no cost to the officer, single coverage dental insurance for each officer. CL1 L 0 '-- Section 3. The City shall provide, at no cost to the officer, a policy insuring the I1sf said —71 officer in an amount equal to his/her annual salary. Any fraction of$1,000 in annual salary shall be- rounded off to the next higher thousand. ARTICLE XI . c:3 EQUIPM. ,T -- Section 1. Officers shall no .- requir: . to operate motor vehicles if the operation thereof is hazardous or unsafe to the officer o • - public. The City will comply with all of the safety requirements of the City, state, and fed- la + Section 2. Any officer •derating a motor v- le shall, at some period during or immediately following the wo day, report any defect nota -• by him/her in said vehicle to the watch commander. EXHIBIT t7b/IT bb4 14: 3 �17J�G7w17 lir +' " TENTATIVE AGREEMENT Police Labor Relations Organization of Iowa City And City of Iowa City The parties agree to the following changes in the Collective Bargaining Agreement for Fiscal Year '05: 1. Amend Article XXVII to provide for a one-year agreement. 2. Amend Article XXVIII, Section 2 to provide for an across-the-board wage increase of two and one- half percent (2.5%)for FY '05. 3. Amend Article XXVIII, Section 3 by adding $125.00 to the 5 year longevity step and by adding $300.00 to each step beyond the 5 year step. All other terms and conditions of the Collective Bargaining Agreement remain unchanged. 211011 For the - "•- C __ For the City of ow- ity of lo t ity /Q 7• itr f Date: D 3- 3/ Date: C 3 3�� i U — rn D o s ='' EXHIBIT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY, IOWA THE POLICE LABOR RELATIONS ) ORGANIZATION OF IOWA CITY, ) IOWA, ) Case No. ) Petitioner, ) ) vs. ) CONFIDENTIAL INFORMATION FORM ) CITY OF IOWA CITY, ) ) Respondent. ) ) ) ) ) Name Social Security Number DOB Petitioner(s): 1. The Police Labor Relations Organization of Iowa City, Iowa Unknown Respondent(s): _ O ' 1. City of Iowa City Unknown n Other party: o fl m a +T1 Information supplied by Bob Rush. i. no D o 11 SDate Signature IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY THE POLICE LABOR RELATIONS ) ORGANIZATION OF IOWA CITY, ) File No.: IOWA ) Petitioner, ) ORDER SETTING HEARING FOR ) TEMPORARY INJUNCTION vs. ) CITY OF IOWA CITY, ) ) Respondent. ) ) The Court is presented with Petitioner's request for temporary injunctive relief ancillary to these proceedings. The Court FINDS that a hearing should be set with notice thereof served in the Respondent not less than days in advance thereof. IT IS THEREFORE ORDERED that a hearing on Petitioner's request for a temporary injunction is set for June , 2004 at .m., before a judge of this District. Dated this day of , 2004. Judge of the Sixth Judicial District N oo `J CI o oCa `J Y END OF CASE FILE -I THE IOWA STATE BAR ASSOCIATION FOR THE LEGAL EFFECT OF THE USE OF Official Form No.301 Michael W. Rickert ISBA#04661 THIS FORM,CONSULT YOUR LAWYER sTA T4, drTHE IOWA DISTRICT COURT - —e 14. • JOHNSON COUNTY y�soc i rt��? PETERSON CONTRACTORS, INC. Plaintiff(s), LAW EQUITY DI No. CO O(o y s y DATE PETITION FILED: VS. MBA CONCRETE,INC. CITY OF IOWA CITY MERCHANTS MUTUAL BONDING CO. ORIGINAL NOTICE Defendant(s). TO THE ABOVE-NAMED DEFENDANT(S): You are notified that a petition has been filed in the office of the clerk of this court naming you as the defendant(s) in this action. A copy of the petition (and any documents filed with it) is attached to this notice. The names) and address(cs) of the attorney(-$for the plaintiff(s) (is) (afe) Michael W. Rickert, 115 Broad Street. P.O. Box 193, Reinbeck, Iowa 50669 The attorney's(-s') phone number(s) (is) (are) 319-345-6438 facsimile number(s) 319-345-2911 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, immedibtely call Cour district ADA coordinator at J319)398-3920 EXT !Dv :Of you are helarjrlg impaired, call Relay Iowa TTY at 1-800-735. 942.) LO ESA B 'FuI,EY L._ 1 SEALS CL K OF COUR ' e" Johnson County Courthouse Iowa City , Iowa 52240 IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS The Iowa Stale Bar Association 2003 301 ORIGINAL NOTICE FOR PERSONAL SERVICE IOWADOCSe Revised January, 1999 / Azet- Lc rCJ IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY Peterson Contractors, Inc. ) 42-0921654 ) Plaintiff, ) No: E 62Q_U D / 4-S 9 4 ) vs. ) ) PETITION IN EQUITY MBA Concrete, Inc. ) -. \ City of Iowa City ) -- Merchants Mutual Bonding Company ) Defendants. ) • C COMES NOW the Plaintiff and for cause of action against Defendants MBA CO'Icrete, P Inc., City of Iowa City and Merchants Mutual Bonding Company, states: 1) Plaintiff, Peterson Contractors, Inc. (PCI) is an Iowa corporation with offices at 104 Black Hawk Street, Reinbeck, Iowa, 50669 and is engaged in the business of earthmoving and site preparation. 2) Defendant, MBA Concrete, Inc. (MBA) is an Iowa Corporation with its registered office at 2790 Kansas Avenue NE, Iowa City, Johnson County, Iowa. 3) Defendant City of Iowa City (Iowa City) is an agency with the State of Iowa, with office located at 410 East Washington Street, Iowa City, Iowa 52240. 4) Defendant Merchants Mutual Bonding Company (Merchant Mutual) is an Iowa Corporation with it registered office at 2100 Fluer Drive, Des Moines, Iowa 50321 . 5) On or about July 24, 2001 The Defendant MBA and Defendant Iowa City, entered into a contract for construction of public improvement, as defined in Iowa Code §573.1(4), known as Iowa City Skate Park, located at 1201 N. Dubuque & Taft Street, Iowa City, Iowa in Johnson County, State of Iowa. (known here:nafter O as '`project") >=3 �3 6) The Defendant MBA was the prime contractor for this project. cp -T-] 1 7) On or about July 24, 2001 Plaintiff entered into a contract with the Defendant MBA to serve as a subcontractor on this project. A copy of the contract is attached hereto as Exhibit A and by reference made a part hereof. 8) Various additional work was requested and verified by Defendant MBA, concerning scope of work to be performed by Plaintiff. 9) That the Plaintiff has performed the work for which it was contracted pursuant to Exhibit A and as well the additional work which was requested. 10) That the contract amount is $36, 964.00. 11) Defendant MBA did pay Plaintiff$6,556.86. 12) That the amount $30,407.14 (including 5%retainage and 1%bond) is due and owing to the Plaintiff as a result of work done by Plaintiff. 13) The Defendant MBA has submitted Applications for Payment as provided by contract. A copy of which is attached hereto as Exhibit B and by reference made a part hereof. 14) The defendant MBA has refused payment on the above amount in violation of the contract either written or oral and without good cause. 15) On or about February 13, 2003 pursuant to Iowa Code §573.7 Plaintiff filed a claim with the Defendant Iowa City. A copy of said claim is attached as Exhibit C and by reference made a part hereof. 16) That said receipt of claim was acknowledged by Defendant Iowa City as seen in Exhibit C. 17) Defendant, Merchant Mutual guaranteed full performance of the contract. As surety and Defendant Iowa City as obligee in the penal sum of$303,737.80. 18) The "Contract Performance and Payment Bond" is attached hereto and marked Exhibit "D" and by reference made a part hereof. 19) That on January 201h, 2004, the project was accepted by the Defendant Iowa City. 20) That no payment in the amount claimed above have been received by Plaintiff from Defendant MBA since filing of such claim by Plaintiff. 21) Plaintiff has complied with all conditions of the bond precedent to Plaintiffs right to recover thereon. 2 22) The bond has been breached in that the principal MBA Concrete, Inc. has failed to pay the Plaintiff for work performed and Iowa City has failed to pay the Plaintiff for the loss. 23) That the Plaintiff is entitled to interest as provided by law and by the contract between Plaintiff and Defendant MBA. 24) That the Plaintiff is entitled to attorney fees as provided in Iowa Code§573.21. 25) That the Defendant Iowa City is holding retainage from the contract between Defendant MBA and Defendant Iowa City pursuant to laws in the State of Iowa. Wherefore the Plaintiff prays that the Court enter an Order in this matter and enter judgment against the Defendant MBA Concrete, Defendant City of Iowa City and Merchant Mutual Bonding Company in the amount which will satisfy the Plaintiff's claim as well as any damages for breach of contract, accrued interest, attorney fees and costs as provided by law as well as any other relief the Court deems is fair and equitable. Michael W. Rickert, 000004661 Attorney for the Plaintiff 115 Broad Street, P.O. Box 193 Reinbeck, IA 50669 (319) 345-6438 O_ o 'gym -1 D` ry 0 3 va.40 r 1 319 354 31&1 PCI IOWA CITY EXHIBIT Al Zoo.; PETERSON CONTRACTORS,A ...8sRrYTo. INC. HEA 104 BLacxxnwic ST r PBCP 'uY HIGHWAY Co CToRs P.O. BoxA -17,&.;( PF: (31s+)X45-2713 Rarssec�Iowa,50669 ; Fax: (319)34S-2691 July 24, 2001 v Quatation RE: City of Iowa City Skate Park PCI to perform the following: ITEM 1. ACC Removal LF 117 4.00 2. Clear& Grub 468.00 40,000 .20 8,000.00 3, Earthwork CY 2,410 9.00 21,690,00 4. Tree Removal EA 7 170.00 26, Rip Rap TON 5.4 1,190.00 3 5.00 189,00 NOTE: * Grades to be+or—one tenth Fine grading ADD_ .50 per sq. 8, For walks and slabs Additional $ 6,230,50 est, NO: Testing, Engineering or Fees, Thanks, /-)-)1-0 Steve Winn W/mh . ra cn en O� n c' in -o T , o 00 m 9t1IQ'7nig A0OA-7c.4 Qcco, RTr VVJ rn•cn EX ESTIMATED UNIT . H� b LIEM flFSCRIPTION UNIT QUANTITY PRICF } AMOUNT 1. Asphalt Path Removal If 117 $ 5 00 $ 585.00 2. Clearing & Grubbing sf 40,000 25 10900.00 3. Earthwork cy 2,410 10 00 24_ 01 0 00 4. Tree Removal ea 7 200 00 1 400 00 5. Storm Sewer If 165 10 00 1. 650 00 6. Drainage intake ea 4 200 00 800.00 7. Drainage Tile If 255 13 50 3 442 50 8. Washed Rock 1" cy 300 30.00 9 000 00 9. Bike Racks (loops) ea 7 400 00 2.800.00 10. Picnic Tables ea 2 1 100 00 _______220.0 00 11. Trash Receptacles ea 1 500 00 500.00 12. Walk 5' width-4" depth sf 2,850 3 25 9 262 5S1 13. Walk 6' width-4" depth sf 756 3 25 2x4577 00 14. Concrete plaza 4" depth sf 792 3.25 2 574.00 15. Structural Slab 6" depth sf 8,063 10 0S 80 630 00 16. Structural Concrete cy 133 600 00 79,900 00 Radius ramps, walls, special elements 17. Stainless Steel Piping If 538 65 00 34 970 00 18. Stainless Steel Square Tubing If 240 50 00 12 000.00 19. Sodding sf 12,500 .75 9_375 00 20. Seeding sf 11,700 .20 Z,., 43 0.00 22. Construction Zone Fencing If 1,652 1 OQ 1 652 00 23 Material Testing Is lump sum 3,000 00 390.000 24. Construction Staking Is lump sum 5.000 00 5900 OQ 25. Sign ea 1 k000 00 4,000 00 26. Rip Rap ton 5.4 37.00 199 80 TOTAL EXTENDED AMOUNT= $ 303 737 80 r O 0I o 71 m -1:3m -a- u D N 0 AG-3 •• u, T -EXHIBIT B1 • FAX TRANSMITTAL COVER SHEET _ , PARKS & RECREATION DEPARTMENT }-- T:_l �U��17 FAX #: 319/356-5487 -%540.... CITY OF IOWA CITY Parks & Recreation Dept. DATE: l �----n* 7- V .a.. TO: Company: f C.---...r Person: / , a2}I- City/State: Company Fax #: -7/7 -?y:c".---- //� FROM: PARKS & RECREATION DEPT. _ City of Iowa City O �_ 220 S. Gilbert Street - . Iowa City, IA 52240-1632 y y -1 l o � _. Person: �� a �.6 7e < 1 n Phone #:_?7 �__ r6 T/ 2 7 ��-,-, Fax #: 319/356-5487 / t TOTAL NUMBER OF PAGES, INCLUDING THIS COVER SHEET: COMMENTS/INSTRUCTION • — � -� �� .� eET :5? ,./"'" --•1.--01 � - ' "1/ / o //L- _.....r......_-----... ` . .40.4,, If you do not receive all pages or ha - any probleiwith the transmission, please call 319/356- 5100. A CATION AND CERTIFICATION FOR PAYMENT AIA DOCUMENT G702 PAGE ONE OF 3 Pis •/TWNW PROTECT; APPLICATION NO: Distribution to: i City of Iowa City Iowa City Skate Park Project 5 OWNER Civic Center I ARCHITECT i 410 E.Washington St.,Iowa City,Iowa 522•n. PERIOD TO: 12.161003 I CONTRACTOR •• • • •- -. - 4•- VIA ARCHITECT: ::t A Concrete,Inc. Dunbar/Jones Partnership 2490 Kansas Avenue N.E. 104 SW 4th Street PROJECT NOS: Iva City,Iowa 5224Q-9765 Des Moines,Iowa 50309 )N TRACT FOR: CONTRACT DATE:8.23.2001 i'O N TRACTO R'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the hest of the Contractor's knowledge, Application is made for payment as shown below,in connection with the Contract. information and belief the Work covered by this Application for Payment has been Continuation Sheet.AlA Document G703,is attached. completed in accordance with the.Contract Documents:that all amounts have been paid by e. the Contractor for Work for which precious Certificates for Payment were issued and y payments received from the Owner,and That current payment shown herein is now due.'H ---'1;'k y -;:.0J'--1 1. ORIGINAL CONTRACT SUM S 303,737.80 .-4- 2. Net change by Change Orders S 7,081.82 CONTRACTOR C) (—) Cp 1 t 1 CONTRACT SUM TO DATE(Line 1±2) S 310,819.62 C- - C) 4. TOTAL COMPLETED&STORED TO S 340,890.03 - IT\ ' - DATE (Column G on 0703) Br_ Date: 12.16.2003 5. RETAINAGE Beverly- an.President t~i a. 0 'i of Completed Work S 0 State of Iowa County of Johnson )j O (Column D=Eon G703) Subscribed and two to bef�aj��c me t s 16 v b. %of Stored Material S 0 Notary Public: V� Ser VOTRt)GIBEK (Column F on G703) My Coma dawn egiires: coSUlsslon 13 Total Retainage(Lines 5a_56 or 0 c,r, Wen T.Els. al ,e722 Total in Column I of G703) S 0.00 ARCHITECTS CERTIFICATE FOR PAYMENT •6. TOTAL EARNED LESS RETAINAGE S 340,890.03 In accordance with the Contract Documents,based on on-site observations and the data (Line 4 Less Line 5 Total) comprising the application,the Architect certifies to the Owner that to the best of the 7. LESS PREVIOUS CERTIFICATES FOR Architect's knowledge_information and belief the Work has progressed as indicated, PAYMENT(Line 6 from prior Certif cote) S 321.622.53 the quality of the Work is in accordance with the Contract Documents,and the Contractor 8. CURRENT PAYMENT DUE S . 19,267.50 is entitled to payment of time AMOUNT CERTIFIED. 9_ BALANCE TO FINISH.INCLUDING RETAINAGE S 0.00 (Line 3 less Line 6) AMOUNT CERTIFIED s (1 1267 CI IANGE ORDER SUMMARY ADDITIONS DEDUCTIONS (Attach explanation if amount certified differs from the amount applied.Initial all figures or this Total changes approved Application and onthe Continuation Sheet that are changed to conform-with the mnoun I cerl(fled.) in pretiious months by Owner 57,081-82 50.00 ARCHITECT: Total approved this Month 50.00 50.00 $y: �1 F. 61.,M t _.14.1' Date. )1i 2.� 103 TOTALS 87,081.81 S0.013 This Certificate is not neg-otiaNte. The AMOUNT CERTIFIED is payable only to the Contractor named herein_Issuance,payment and acceptance of payment are without INET CHANGES by Change Order 57.081.82 prejudice to any rights of the Owner or Contractor under this Contract. Alfi DOCUMENT G;A72•PEPLICAT ION AND CERTIFICATION FDR pv0,7=NT•1972 EDITION•Alta-n 1957 THE AMERICAN!INSTITUTE OF ARCHITECTS,7715 NEW YORK AVE.,N.W.,WASHINGTON,DC 20015`52e2 .Users may obtain validation of this document by requesting a compile!ed AIA Document 0401 -Certification of Document's Authenticity from the Licensee_ CONTINUATION SHEET AIA DOCUMENT G703 I e2el3 enn AIA Document 0702,APPLICATION AND CERTIFICATION FOR PAYMENT,containing APPLICATION NO: 5 Contractor's signed certification is astacchod. APPLICATION DATE: 12.16.2003 In tabulations below,amounts are stated to the nearest dollar. PERIOD TO: 12.16.2003 Use Column I on Cannsctr where variable retainage for Tina items may apply. ARCHITECTS PROJECT NO: cn CC-1 A B C D E F G 11 I ItAt DESCRIPTION OF WORK SCHEDULED WORK COMPLETED hfATERIALS TOTAL 9a BALANCE H NO. VALUE FROM PREVIOUS IRIS PERIOD PRESENTLY COMPLETED (G_C) TO FLN.TISI1 tog APPLICATION' STORED AND STORED (C-G) X N'E) (NOT IN TO DATE (11 DOR E) (D-E+F) 1 Asphalt Path Removal $585.00 £585.01 ' S0.00 50.00 5585.00_ 100.00% $0.00 2 Clearing&Grubbing S10,000.60 510,000.00 S0.00 S0.00 510,000.00 100.00% 50.00 3 Earthwork $24,100.00 $21,100.00 $0.00 S0.00 $24.100.00 100.00% $0.00 4 Tree Removal 83,400.00 SI,400.00 $0.00 $0.00 51,400.00 100.00% $0.00 5 Storm Sewer £1,650.00 £1,650.00 $0.00 $0.00 51,650.00 100.00% 50.00 6 Drainage Intake $800.00 $800.00 $0.00 $0.00 $800.00 100.00% .. , ... S0.00 . 7 Drainage Tile $3,442.50 $3.942.00 $0.00 50.00 £3.942.00 114.51% ( 99j0) - 8 I Washed Rock,1" 59,000.00 $12,000.00 50.00 50.00 $12,000.00 133.33% (S 0 p0y 9 Bike Racks 1 ;-� r1� (loops) 52,800.00 $2,800-00 $0.00 $0.00 $2,800.00 100.00°�a '50.00' 10 Picnic Tables $2,200.00 $2200.00 $0.00 $0.00 52,200.00 100.00% :`50.00. C) 1,_ 11 Trash Receptacles $500.00 S500.00 $0.00 $0.00 5500.00 100.00% 5(].(1�Q'" -O 1 12 Walk 5'width-4" tfi $0.00 $0.00 $9,083.75 98.00% $178,7 -i '\-..J �1N £9,262.50 $9.083.75 13 Walk 6'width•4"depth $2,457.00 ` 54,867.51 D0.00 50.00 - S4;867.52 19A.00°Jo (12,410* 14 Concrete plaza 4"depth 52,574.00 53,483.69 50.00 $0.00 $3,483.69 135.00% ($90 9) N 15 Structural Slab 6'depth S80,610_00 $64,480.00 50.00 S0.00 S64,480.00 80.00% S16,I50.00 16 Structural Concrete,ramps,walls,special S79,800.00 S113,850.00 $0.00 $0.00 S113,850.00 142.671/5 ($34,050.00) 17 Stainless Steel Piping $34,970.00 $34,970.00 50.00 50.00 834,970.00 100.00% $0.00 18 Stainless Steel Square Tubing $12,000.00 $12,000.00 S0.00 $0.00 $12,000.00 100.00% 50.00 19 Sodding $9,375.00 59,375.00 $0.00 $0.00 59375.00 100.00% 50.00 20 Seeding $2,340.00 80.00 S2,340.00 $0.00 S2,340.00 100.00% 50.00 22. Construction Zone Famine $I,652.00 5775.00 £0.00 $0.00 $775.00 47.00% $877.00 23 M©terial Testing 53,000.00 S3,000.00 50.00 50.00 S3,000.00 100.00% 50.00 24 Consbucticw Staking 65,000.00 Si.000.00 $0.00 $0.00 55,000.00 100,00% $0.00 25 Sign $4,000.00 54.000.00 $0.00 S0.00 $4,000.00 100.00% $0.00 26 Rip Rap $199.80 50.00 $0.00 50.00 50.00 0.00% $199.80 GRAND TOTALS S303,737.80 5324,861.96 $2,340.00 50.00 $327,201.96 100% ($23,464.16) Users may obtain validation of this document by requesting of the license a completed AlA Document 0401 -Certification of Document's Authenticity nticity 1` . AIA DOCUMENT G703 CONTINUATION SHEET FOR G7e -3802 EJfTKIN•AIA OHM T='.E A#MERX...,INSTITUTE CF ARCHTECTS,135 NEVI YOfOX AVENUE.NW.WASHINGTON,0 C. 2leo&-A-71-2 G703-1992 CONTINUATION SHEET AIA DOCUMINT G703 Page 5d3Pagel AIA Document 0702,APPLICATION AND CERTIFICATION FOR PAYMENT.containing APPLICATION No: 5 Com:actor'r signed certification Is attached. APPLICATION DATE: 12.16.2003 to tabulations below,amounts are stated to the nearest dollar. PERIOD TO: 12.16.2003 Use Colima I on Contracts where variable retainage for Eine items may apply. ARCHITECTS PROJECT NO: c I A B C D I E F 0 U X [IEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED MATERL.LS TOTAL Ira BALANCE W .O. VALUE FROM PREVIOUS THIS PERIOD PRESENTLY COMPLETED (G t C) TO FINISH APPLICATION STORED AMM)SHORED (C-O) (D E) — (NOT LN TO DATE JI D ORE) (D+E+f) 27 Change Order:l S6,20S_98 $6,208.98 SOAK' $0.00 $6,208.91 100.00*. 50.00 • 28 Change Order x"2 S87184 S872.84 S0.00 $0.00 S872.84 100.00% $0.00 29 Structural Slab 56,606.25 S6,606.25 SO.00 50.00 S6,60625 100.00% S0.00 TOTAL FOR CHANGE ORDERS S13,688.07 SI3,688.07 $0.00 50.00 513.688,07 100.00% S0.00 . N ca 0 c-- 20 n r 1 N GRAND TOTALS 5317,415.37 5338,550.03 S2,340.00 50.00 1340,890.03 80.00 1 1 . _ I 111.DOCUMENT ORO CONTINI AT1ON SHEET FOR G702.t962 EDITION-AlA •19e2 1 • THE AMERICAN INSTrrJTa OF ARCM-CCM.1735 NEW YORK AVENUE.NW_WASHINGTON.D.C.2ota6-62 G7054992 A 1 IED i_ Z£9T-01iZZ5 VI 'ATM BMoI r CO O�d/Z'areJS%t7f.� O P� 1. 2k laaz3S laagTTO 'S OZZ :oN ',ow ��04 r1�t Q ., N pool anal diiaj :u33y r cc-O eMol Io x3T0 a) 0 �/ [;LCI3E� >` ilk •3da(i uo1 lsazaax sxaed ol,�,es o U CITY 5 C- (13 r ,- \ w �` 4' ` �59 $ S°ej 9 a�lsad leloi O t� +� a t� cc C o e ? (poly-bald{uawasiopu3) O Z != ) .-; .-��o E ae j/,en„ep pari Asey o W LL F- r :1 _ •� S L'T (pe�lnbay{uewesiopu3) O ° w ., ere{{ ee3 ldie0ay wniey in CD Z 4-0 �n 1 cg. 4'9- $ sod U, • ti a3 -U ru U .0 W r° (PaPlna.rd age:a/lop e3uetnsu;oN:�flu0 Penorjsawop) LLo o 0 cc o f 0 IdI3O3N lIVW a3Id11i13J F.. 65 CO co O i aoinaag te;sod:'S'fl Z - U SC } 2 (1-6 ° Q F— a) (.7 c_ a) c aU CI o W -C U +, U (11 J L � to SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTIONONOELIVERY- 0 0 ° - +, +N•, ■ Complete items 1,2,and 3.Also complete A Received by(Please Print Clearly) .: .1 Delivery Z c U C item 4 if Restricted Delivery is desired. Y Cl)) 0 ■ Print your name and address on the reverse C.) 0 >- so that we can return the card to you. C. Signa Q "D N . U° II Attach this card to the back of the mailpiece, X % is A.ent ° or on the front if space permits. /�'' j e !6. i.i.__ ° i: - 1. Article Addressed to: II Is deliv:. •.. "-,.df.->�from item 1? ❑Yes If YES,enter delivery address below: ❑No 7 M (r) Parks & Recreation Dept. 2 o m o Attention: Terry Trueblood i o -, City of Iowa City 455 220 S. Gilbert Street E U M aa) Iowa City, IA 52240-1632 3. Service Type rn 01 Certified Mail 0 Express Mail U0 Registered 0 Return Receipt for Merchandise O 0 Insured Mail 0 C.O.D. L ° 3 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number(Copy from service label) 7001 0320 0005 7950 4922 PS Form 3811,July 1999 Domestic Return Receiptt02595-00- � Pei— M • EXHIBIT C2 NOTICE OF CLAIM O TO: Parks & Recreation Dept. Attention: Terry Trueblood 0 -=i C� o City of Iowa City r-j-� 220 S. Gilbert Street J' Iowa City, IA 52240-1632 5 N NOTICE IS HEREBY GIVEN that the undersigned has a claim in the sum of $30,407.14 against the retained percentage and the bond taken from MBA Concrete, Inc. as principal, and Merchants (Mutual) Bonding Company, as surety for work upon the public structure or improvement consisting of Skate Park, 1201 N Dubuque & Taft Street, Iowa City, Iowa in Johnson County, State of Iowa. That the undersigned furnished materials and performed labor from September 1 , 2001 to September 1 5, 2001 , and that the above described improvements were completed on September 15, 2001 . That the above-named labor and materials were furnished at the instance and request of MBA Concrete and said labor and materials are itemized on Exhibit "A" consisting of two pages and attached hereto. That this statement is sent in compliance with the laws of the State of Iowa, and the sum above claimed is a true and accurate statement after allowing all just credits and offsets. Dated this, day of February 2003. PETERSON CONTRACTORS, INC., aaimant ejaby: C-4.-C?0.1..e:r2b9-rket Cordell Q. Peterson, President 104 Blackhawk Street P. 0. Box A Reinbeck, IA 50669 Page 1 of 2 • EXHIBIT C3 STATE OF IOWA, COUNTY OF GRUNDY, ss. Cordell Q. Peterson, being duly sworn, says: I am the President of Peterson Contractors, Inc., the Claimant above named; I have read the foregoing claim and know the contents thereof, and I believe the same to be true and just. b (11" "1 Cordell Q. Peterson Subscribed and sworn to before me this /- 'day of February 2003. 041 eft .otary Public --tate of Iowa O O m -, Fr Notice of Claim Page 2 of 2 Bond -1)1 0 30 __dr • , PEt..-ORMANCE AND PAYMENT BOI.J EXHIBIT MBA Concrete, Inc„ 2790 Kansas Avenue N.E. , Iowa City, TA_5.2.2.40,nms (iiitier I the nainu Lind address or legal title of the Contractor) Principal, hereinafter called the Contractor and Merchlpts (1-11401) flooding (insert the legal title of U ie1.-;t rrely) , as Surely, hereinafter called lire ;.;iirely, are held and firmly bound unto the City of Iowa City, Iowa, as obligee, hureinalter Three tundved and three thousand, even called the Owner, in the amount of loglIrat tarty-seven dollars 4.11c1 eighty cen10011ars for the payment for which Contractor and Surely hereby bind themselves, their heirs, executors, administrators, successors and assig6, jointland severally. 7r- >= i fl -1 0 — o WI If-RFAS, Contractor has, as of August 23, 2001 entered into a rrt (date) , written eminent with Owner for Iowa City...scikate..Paili Project; and WI WRFAS, the Agreement requires execution of this Performance and Payment Ron'erto In cnnipl( kn.1 by Contractor, in accordance with plans and specific:allow.; I)Wf) Ir ed by Dunbar/Jones Partnership , which Agreement is by reference made a part hereof, and the nut flild upon work is hereafter referred to as the Project NOW, I ff.RIORE, I HE CONDITIONS OF THIS ODLIGATION are t;uch Uat, It Cur dricloi shall promptly and faithfully perform said Agreement, then the oblrgation of this bond stint! he rain and void, otherwise it shall remain in full force and effect until satislaclory completion of the Project. A. The Sin oty hereby waives notice of any alteration or extension et tiny-) made by the Owl I Whenever Contractor shall he, and is declared by Owner to be, in default under the Agreement, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1 Complete the Project in accordance with the terms and conditions of the Agreement, or Obtain a bid or bids for submission to Owner for completing the Project in accordance with the terms and conditions of the Agreement: and upon determina- tion by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available, as work progresses (even though there may be a default or a succession of delaults under the Agreement or subsequent contracts of completion arranged under this paragraph), sufficient funds to pay the cost of completion, less the balance of the Contract Price, but not r13-1 Merchants Bonding Company • (Mutual) POWER OF ATTORNEY Know All Persons By These Presents,that the MERCHANTS BONDING COMPANY;MUTUAL),a corporation duly onjenLzed under the laws of the Slate or owe and having ita principal oMee In the City of Dee Moines,County of Polk, Stato of Iowa, hath made, constituted and appointed, and does by these presents make,constitute and appoint Carlton Johnson, Margaret A. Welsh, Don K.Flack,I...1. Wegman, Devitt Winegarden Craig Welt,or Terry NIi Dunaltl of Iowa City and State of lows its true and lawful Attorney-in-Fact,with tell power and authority hereby ccnforred in its name, place and stead, to sign, execute, acknowledge and doiiver In Its behalf surety arty and all fonds, undertakings, recognhancea or othet written cbkpattone in the nature thereof, sUbJect la the firnitaliort' t any suc71-- instrument shall not exreo4 the amount at: - C) THREE MILLION(53,000,000.00)DOLLARS "-- --3 ---n and to bind the MPkCHANTS BONDING COMPANY(MUTUAL)thereby as fully and to the same extent as If such bond or O 1— undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the arts of rn said Attomey-in-Fact, pursuant to the authorityherein "'0 given, are hereby ratified and confirmed. CT This Power-of•Anomay Is made and executed pursuant to and by authority of the Yellowing Amended Substituted and Restated By_-__ Lawt adopted by the Board of Directors of the MERCt•trtNTS BONDING COMPANY(MUTUAL)on October 3, 1992, ARTICLE 11, SECTION 8-The Chairman at the Board or Pragtdent or any Vice President or Secretary shall heye-power arfn) authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the— Company thereto, bonds and undertakings, recegrdzances,contracts of Indemnity and other writings obligatory in the nature thereof, ARTICLE_ 11, SECTION 9- The signature of any authorized offrcer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certitc atloh thereof authonzlny the execution and delivery of any bond, undertaking, recognizance, or other suretyship obllgaborls of the Company, and such signature and seal when so used shall have the same force and effect es though manually flied. In Witness Whereof, MERCHANTS BONDING COMPANY(MUTUAL)hes mused these presents to be signed by lie President and its corporate seal to be hereto affixed,this 24th day of January , 2001 , '�••0 1kG CO MERCHANT'S• MERCHANTS BONDING COMPANY(MUTUAL) •• 4 1:.c• • '.( 13 :' 8y 7 STATEOF IOWA '•.•. 7,,‘, , Prebidenf COUNTY OF POLK ss. On this 24th day of )antuuy i 2001 before me appeared Larry Taylor,to me personally known,who being by mo auly sworn did say that he Is President of the MERCHANTS BONDING COMPANY(MUTUAL), the corporation described in the foregoing Instrument,and that the Seal affixed to the said Instrument la the Corporate Seas of the said Corporation and that Pie said Instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. n Testimony Whereof, i have hereunto set my hand and affixed my Otfasl Seal at the City of Des Moines,lows,the day and year first above written, ••• 4„.`," ......, ( • L0464 ;f ACid.?,;, . IOWA No(ary Putbrrt;Pdk County,lord ,- STATE o�IOWA 44hi* s�• COUNTY OF POLI(se. "" 1.William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL),do hereby certify that the above and foregoing Is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY(MUTUAL),which Is still In force and effect. In Witness W (+reel,I have hereunto set my hand and affixed the seal of the Company on this day of ..... all,e)(k.,Q24 :•co .'lz q ...Y.co Secrelor y t7 v. 't' 1933 •�; i.ISCDCII Z/9C -S,)• -,, • JOHNSON COUNTY SHERIFF' S DEPARTMENT P.O. BOX 2540 IOWA CITY, IA 52244-2540 DATE: 03/09/04 ***** PROCESS SERVERS WORKSHEET ***** CP# : 000020041575 DOCKET: 00EQCV064596 AGENCY: 000020041575 PLTF : PETERSON CONTRACTORS, INC PROCESS TYPE: ORIGINAL NOTICE VS. PETITION DFND : MBA CONCRETE, INC AOR: 0008821 RICKERT,MICHAEL W AOR PHONE: 3193456438 COURT OF ORIGIN: JOHNSON CO CP#/PARTY : 000020041575-01 DATE ASSIGNED: 03/09/04 SERVER: 00001 UNASSIGNED SERVER ENTRY SERVE BY: 00/00/00 DATE: j ✓ l O TIME: 13;20 AM/PM HAZARDS : SERVICE TYPE: G NFLe ( 6(„, PARTY: IOWA CITY,CITY OF : 410 E WASHINGTON ST BY SERVING: c C/O CITY CLERK �c 1f r) Q fls IOWA CITY IA t, RACE: HEIGHT: RACE : (4/ HEIGHT: WEIGHT: SEX: ` 0, WEIGHT: SEX: HAIR: EYES : HAIR: EYES : DOB: 00/00/00 SSN: DOB: PHONE: SERVED AT: EMPLOYER: \ \ laCEsc, VEHICLE: YEAR: MAKE: MILEAGE SERV FEE: MODEL: LIC PLATE: STATE: MISC1 MISC2 DESCRIPTION: COMMENTS : o cssi # D FINE•QSERVR REASON 1 a` L i • d --;') *J_ 2 LLc- >- S I rTURE DATE 3 CCS eeP� TIT E 4 5 END OF CASE FILE / , II I 'r 1' "1 F.James Bradley Michael J. Pugh Byron G. Riley ' ' Janice J. Kerkove Michael K. Denney Shannon P.Thompson Patrick M.Courtney Kevin C. Papp Donald G.Thompson Laura C.Mueller Kelly R.Baler BRADLEY& RILEY PC David J.Zylstra Gregory J.Seyfer ATTORNEYS AND COUNSELORS Kimberly H. Blankenship Dean A.Spina Sarah E. Swartzendruber Joseph E.Schmall CEDAR RAPIDS IOWA CITY Benjamin B. Dvergsten Bradley G.Hart Tyler G. Olson William J.Neppl 2007 FIRST AVENUE SE William T.McCartan CEDAR RAPIDS,IA 52402-6344 Counsel: Maureen G. Kenney Melissa Weets Anderson Vernon P.Squires MAILING ADDRESS: Boston,MA Timothy J. Hill PO BOX 2804 1-800-353-2665 Paul D. Burns CEDAR RAPIDS,IA 52406-2804 TELEPHONE 319-363-0101 Randall Rings FAX 319-363-9824 WEBSITE ADDRESS:www.bradleyriley.com E-MAIL ADDRESS: vsquires@bradleyriley.com DIRECT DIAL: (319)861-8726 September 22, 2004 THIS LETTER CONTAINS AN OFFER TO COMPROMISE AND THE STATEMENTS MADE IN THIS LETTER ARE INADMISSIBLE Mayor and City Council City of Iowa City 410 East Washington Street Iowa City, IA 52240 0 n rn D- -f-i Iowa City Airport Commission N do City of Iowa City n co f rTi 400 East Washington Street 1 , Iowa City, IA 52240 71-2 RE: Ron O'Neil D o Dear Mayor, Council and Commission: We represent Ron O'Neil. This letter constitutes written notice under Iowa Code Section 670.5 of claims for damages against the Iowa City Airport Commission, the City of Iowa City, and commissioners Dan Clay and Randy Hartwig. Mr. O'Neil's claims arise from his wrongful termination on August 12, 2004 and subsequent acts of defamation by commissioners Clay and Hartwig. 1. Wrongful termination The Commission (by a vote of only 2 of 5 members) terminated Mr. O'Neil's employment on August 12 as a result of comments he made at a public meeting on August 10, 2004. By so {00194192.DOC} BRADLEY&RILEY PC • /' Mayor and City Council September 22,2004 Page 2 acting, the Commission violated Mr. O'Neil's free speech rights under the First Amendment to the United States Constitution and 42 U.S.C. Section 1983. The Commission also violated Iowa Code Section 70A.29, which prohibits reprisals or retaliations against a public employee who discloses information relating to mismanagement or abuse of authority. The Commission's action shows remarkable insensitivity to the need for open debate and discussion about matters of public concern, particularly given the innocuous nature of Mr. O'Neil's comments. 2. Defamation After wrongfully terminating Mr. O'Neil's employment, Commissioners Clay and Hartwig made statements to various local media that defamed Mr. O'Neil, including statements impugning Mr. O'Neil's trustworthiness as an employee. Such statements are defamatory per se under Iowa law and extraordinarily damaging in terms of Mr. O'Neil trying to obtain new employment. The defamatory statements appeared, at minimum, in the August 18, 2004 Cedar Rapids Gazette and the August 19, 2004 Daily Iowan. 3. Damages Mr. O'Neil's causes of action give rise to claims for presumed damages, compensatory damages, punitive damages and attorney's fees. If the City, Commission and Commissioners Clay and Hartwig wish to resolve this dispute before Mr. O'Neil files suit, they must agree to pay Mr. O'Neil the sum of $525,000 by October 15, 2004. They also must agree to issue a public retraction and apology with the wording approved in advance by Mr. O'Neil, and commissioners Clay and Hartwig must be permanently removed from the Airport Commission. Please have no doubt that Mr. O'Neil intends to prosecute his claims with the fullest vigor if these demands are not met. I look forward to your written response. Very truly yours, BRADLEY &RILEY PC Ate' / Vernon P. Squires cc: Ron O'Neil O Sue Dulek :n v ri n N r... rn m rA ! {00194192.DOC} END OF CASE FILE JOHNSON COUNTY SHERIFF' S DEPARTMENT P.O. BOX 2540 IOWA CITY, IA 52244-2540 DATE: 04/05/04 ***** PROCESS SERVERS WORKSHEET ***** CP#: 000020042177 DOCKET: 00CVCV064682 AGENCY: 000020042177 PLTF: NAMASCO CORPORATION PROCESS TYPE : ORIGINAL NOTICE VS . PETITION DFND: KNUTSON CONSTRUCTION SERV -==n AOR: 0005781 WANEK, JERROLD c H Ti AOR PHONE: 5152431249 m COURT OF ORIGIN: JOHNSON CO ao J CP#/PARTY : 000020042177-01 DATE ASSIGNED: 04/05/04 SERVER: 0 001 UNASSIGNED SERVER ENTRY SERVE BY: 00/00/00 (4 - ^r�� DATE: V TIME: AM/PM HAZARDS : SERVICE TYPE: � ��C (;o PARTY: IOWA CITY, CITY OF �f4-rCkez-lc : 410 E WASHINGTON ST BY SERVING: r/1n _ C/O CITY CLERK 1 `� °` C Gr r IOWA CITY IA ( , RACE: HEIGHT: RACE: `',/ HEIGHT: WEIGHT: SEX: WEIGHT: SEX: I HAIR: EYES : HAIR: EYES : DOB: 00/00/00 SSN: DOB: PHONE: SERVED AT: EMPLOYER: 4 ( 4 VEHICLE: YEAR: MAKE : MILEAGE / SERV FEE: MODEL: LIC PLATE : STATE: MISC1 MISC2 DESCRIPTION: COMMENTS: # DATE TIME SERVR REASON 1 2 SIGNATURE DATE 3 TITLE 4 5 • IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY NAMASCO CORPORATION, • : Case No. v C V©/Li la$ Plaintiff, vs. • ev CITY OF IOWA CITY and KNUTSON : ORIGINAL NOTICEy 0 CONSTRUCTION SERVICES MIDWEST,: INC. and UNKNOWN SURETY : -H C) Q' COMPANY, : rn • •c, Defendants. • -r- TO THE ABOVE NAMED DEFENDANT(S): co You are notified that a Petition has been filed in the office of the Clerk of this Court naming you as the Defendant(s) 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 Plaintiffs attorney is Jerrold Wanek, whose address is 505-5h Avenue, Suite 835, Des Moines, Iowa 50309-2317. The attorney's phone number is (515) 243- 1249 and the fax number is 515-244-4471 You must serve a motion or answer within TWENTY (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 5-14486-3394-(If you are hearing C / -3i9-39S -39-2a x imaJ impaired, call Relay Iowa TTY at 1-800-735-2942). DEMA B RKLEY (Seal) CL OF THE ABOVE COURT' JOHNSON COUNTY COURTHOUSE IOWA CITY, IA 52240 IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. This is an attempt to collect a debt,any information obtained will be used to collect this debt. Crn tit/Par-Li • IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY NAMASCO CORPORATION, • : Case No. CXC✓D(oti" �- TG' r Plaints • S : PETITION ON CLAIM AGAINST CITY OF IOWA CITY, KNUTSON : PUBLIC IMPROVEMENT BY CONSTRUCTION SERVICES MIDWEST,: SUBCONTRACTOR - r,' INC. and UNKNOWN SURETYr co COMPANY, : • Defendants. • Plaintiff states: 1. Upon information and belief prior to May 2, 2003 the City of Iowa City, Johnson County, Iowa, made a written contract with defendant Knutson Construction Services Midwest, Inc. to improve the Iowa City Public Library in said County. 2. Pursuant to Chapter 573, a surety must have furnished a bond,despite a request for a bond, a copy has not been furnished to Plaintiff. 3. This Plaintiff furnished labor and/or materials for performance of said contract. 4. This was done under a subcontract with Kevin Moore d/b/a Metal Fabricators Co. who held a subcontract with said contractor. 5. Kevin Moore d/b/a Metal Fabricators Co. is not named as a Defendant in this action as he filed Chapter 7 bankruptcy with the United States Bankruptcy Court for the Northern District of Iowa on March 11, 2004. 6. Thereby it was agreed that plaintiff should receive the amounts or prices hereafter stated. 7. Said subcontract was oral. 8. On October 2, 2003,plaintiff filed with the City of Iowa City its written rtemize4 sworn claim which shows the items thus furnished by it for said public hnprovement. A copy of said claim is attached hereto. '"' 9. Said claim was filed within 30 days after the completion of said principal contiatt. ri \ co u co 10. Plaintiff has completed its said subcontract with said subcontractor, and performed all conditions thereof on its part. 11. This action is brought before the completion and final acceptance of the project. WHEREFORE, Plaintiff prays judgment against said contractor, subcontractor,principal and surety under the project for$18,656.35 with interest and costs: that the court adjudicate the amount of the retained percentage in the hands of said public corporation, and order it used to pay plaintiffs said claim, and adjudicate the validity amount and priority of all claims filed with said public corporation and for such further relief as is equitable. GARTEN&WANEK By: Age Jerr•ld • anek#484-80-2400 505-5' Avenue, Suite 835 Des Moines, Iowa 50309-2317 Telephone: (515) 243-1249 Attorney for Plaintiff. O '\' -17 cn 1-71 irT1 co CO or • i)>: ,h. • •'Y .. ",.••• )~ r f •N jr• -f2fti' :N• ••N._. --: •ti'.•• •' .S•4a. .2..,)21 5e _ ,2,i .., f 'iiir<• .SR. i>< ^ 5r5i �•• ..t•�� '. .:>'-. ;•- {:. t'•.,. •:::: ��++ may♦, t` .ti •�, 'K NR•.; {• $,•. .t.: v,••' :-::•.:•,;}. •� ••{• •f)i'i:+5•>t'• `< .2: .o ''::� •�t.Z�1••:,C: A�'���'.1�`..-.ti• -.'�•�}1:ti��:�:ti' •.::• 1'•....:i.••C•..:':“..s:: :• . ''✓'�y .•. •.•'• ,S Op ;5 •:.::y'�.; •;;:;.:::.•: :.;.- :.$3' ,.2, •:2i;;`t22;i\� iF. •.+.• �. '`� t:'•sj:•t:-t�:....' .r, .•�� :s. \. .::. •t• '•,i.:::;..� ••-` {. 2\.,•' a£, ,• ':j.. •••• • . . ♦.•d•;. 5.5:♦ .,+r'.`.'),,, :.5 k?,,, yq, ::.: .....,.,::::..77:;:i:„. Q1...;:•,s3;•)%3:7) .hS E)•'.' • ,,••• 2,5. ..,♦..... >:••••� , .. , ... ... 5.. ..,.. s .ti �.• .•,,,• . •.. ,,. .:•..a•�:w . . .,t \ �'•� )!,!r•,t:•n;S!o-r...s;..ki+'<%:r .4•';rr.:{. .. . ,2,i',.. ?. • . ti,, $ ? ,,•,.,�,t.,•::.•....a•r?e:i 'h..:', .• .t c\. , fig.,,sq•..;)♦.'''''♦ •�•5 i4•',:;::•.,..,:.•,•6$:••••.,,,•:;:. . .:,. t2,S;,<,.•. <`'iy., t;S.... .r.f$•..; f2,s♦�, ;� ��:•:"'.• 2.�5 ♦2 >< 2 .2 f�rt2.• t',..:..;. .. ,5. ftf?4s 4S�i .?,Li. ��y.� 2f+S:-_*: S<•t e.2 r•5::;c.,••:,:` ,'•>S.. ,hf:;.;;: •'�c. . •ut 2, f` � •••;',.. ...'"5. /48 .8)n\,..,.y T'���:1,) rt+••t ... . .E:r..5.+��ti.R ;�c,.�,tjP.�.•;•:�.. '''',<''' r,? •iS\ .�. `�.... �. .. � , • IOWA CI7-Yr 'oWA • • c Ya ti CD . SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Q r� `` =• 11 Complete items 1,2,and 3.Also complete A. Sign. re • a } N 2 1 item 4 if Restricted Delivery is desired. F„ d l 1 a° lit Print your name and address on the reverse X , ! ,]„� Vr ❑Agent )3 ; d W 1 .•3 so that we can return the card to you. ❑Addressee �, 5 �. 9t III Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date.f Delivery V J ` di i or on the front if space permits. (,� r W E 1. Article Addressed to: D. Is dolivery address different horn item 1? • Yes if YES,enter delivery address below: 0 No Al Iowa City Clerk P... c a r? . v is 4110 E. Washington St. � � c� v2 Iowa City, I?\ 52240 m a N • 0 3. Service Type Ao o o F. �5 L- v .7.3, iQ' rtified Mail ❑ Express Mail <. f i; _ Ti ft m' a r if °' I V1n o 0 4 `N 2{o .` k 4. Restricted Delive ? Exva Fee o A - . E *•, .rd 2. Article Number • Delivery?( J U ri s° S u• T 7003 0500 0002 1,856 4258 ' la w .n ii G a (Transfer from service label, Y S 2 fi 9 S 9 T 2000 0050 E002.. PS Form 3811,August 2001 Domestic Return Receipt 2ACPRl-03-P-40gt NOTICE OF CLAIM Pursuant to Chapter 573 of the Iowa Code To: Iowa City Clerk 410 E. Washington St. Iowa City, IA 52240 State of Iowa, County of Polk, ss: The undersigned being duly sworn upon oath states that he is the attorney in fact of Namasco Corporation and that as such he is authorized to make this affidavit; that he is familiar with the books and the business of the claimant and that the attached account for $18,656.35 against Metal Fabricators Co. remains unpaid after allowing all just and lawful offsets, payments and credits; and that the items thereon represent materials, supplies, or equipment furnished, sold and delivered to said contractor on the dates indicated for use in connection with the public improvement for the Iowa City Public Library, 123 South Linn St., Iowa City, Iowa. Jerr Wanek#484-80-2400 835 Insurance Exchange Bldg. Des Moines, IA 50309 Attorney in fact for Namasco Corporation. Subscribed and sworn to before me on this 2nd da of October, 200 by Jerrold Wanek. 1 , Notary P. a lic-Fs tate of i wa Via Certified Mail - - . s J. SELZER ,') # 705540 �' CC: :�C" EXPIRES 1ilV/A _. r 'Or • 3 Knutson Construction • r 2351 South Scott Blvd. D— P.O. Box 2058 Iowa City, IA 52240 - {;7 cn r !T1 Metal Fabricators Co. 0r Q 3005 Robins Road D '• P.O. Box 190 co Hiawatha, IA 52233 ,fr.. ::= yam,, 1. !• .. � �:.i'M� j3t ;g:— y' t 1,« u • 2 cb . cc 1ij 1.41— `o �t� U '-zr U`Q , C) SE'9S9'8T ye"9S9'BT SE"9S9'81 Sri-VIOL aor 5E'959 'BT 86'43+1. 96' ZTYL waa EO/ZO/Tt6O/EO/6 ANx T6E6EET 900628 LE £T6 'LT 6T-59 61' 52 W'aa EO/ZO/'tT EOf D co/zo/TI6o/co/pANx E6T76EET 3700629 9T'Bb8'G'C 0x'91.9 01'9L8 NIIQ EO/ZO/IT £0/£0/6 AAI STor76EET t868Z8 80'ZL6`9t SO'T'9 SO't79 waa ED/6•t/OT ED/Oz/8 ANI TL9L££T 68LSZ8 E0"806 '97. TL- 009 TL'009 wEla EO/T't/OT EO/SZ/9 ANT SLOLEET 988Z8 Z£'LOE'9'L ZS'962 ZS'862 waa £O/DT/o'C EO/5'[/B Atgl 960LEET 96LT,Z8 08' 800 '9T ZL" E9T''Z ZL' E9T,'Z waa EO/OE/6 EO/ZO/L ANa £SOTE£T 99T8 90'S'S'£T ' S-LIT T,S'LTT W3a EO/So/L £O/90/S ANI vLZEZET '69008 95'LZ'b'ET 09'TZE'T 09'TZE'T wart EO/T70/L EO/SO/S ANI 806ZZET 92E008 1,6'SOt'Zt — EE'86T'S EE'86T'S Ilia EO/To/L ED/SO/S ANI OLOEZ£T 18E008 T9'L06'9 6Z' ZZ9 'E 6Z'Z20 'E waa EO/T0/L EO/ZO/S ANI 86BZZ'ct LLT008 Z£'S80'E ZE'Sao'£ zE'SUO'E Kau EO/TO/L £O/ZO/S ANT 906zZEz 9LT008 5DNILTIVu aD /NY £T.2I0 Do'I Elva gsAial a1s # u...a # aaa VAINNad ar d/Srza SaIOANz K23lnaITq oiriana AMID vMOI 61 Z s2W.I'I slaaua + :TII.' :0D SECI OIlifttd =rzsaN 06LEZ �. scnIODa N o * : NozSIAIa �I2i�IJ O Z oDstrvnrzl T T ED/TolL.I/6 a'Z�iaoall esi�noODIr ooS Z N 6T 6Zs5C co/LI/6 Poo `JHISII0H3?IVAI '12aI.S 9OO 8C68 S3Z ST5 IVI PV 't £0/1.T/BO 900 SOH ZOZ9 T9P OPP xYd bb:9T E00Z/13I/60 END OF CASE FILE IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY NESTOR LOBODIAK, ) Case No.CVC. UQ(o93Qs Plaintiff, ) ) ACCEPTANCE OF SERVICE vs. ) OF WRIT OF CERTIORARI ) IOWA CITY BOARD OF ADJUSTMENT,) ) Defendant ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby acknowledge receipt of a copy of the Writ of Certiorari, Petition for Writ of Certiorari, and Order Granting Petition for Writ of Certiorari attached hereto in this case, and hereby accept service on behalf of Defendant Iowa City Board of Adjustment.. I acknowledge receipt of said documents on the A`{ qday of November, 2004 Maria . Karr City Clerk STATE OF IOWA ) SS. COUNTY OF JOHNSON ) Subscribed and sworn to e- ore me o ove , 2004. NO 'Y P BLIC FO' THE STATElDF IOWA 1,01 r. _ is n; D CD Ul Cc' LA �.Let_,?c C.n't IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY NESTOR LOBODIAK, ) Case No. Cc30s Plaintiff, ) ) WRIT OF CERTIORARI vs. ) IOWA CITY BOARD OF ADJUSTMENT,) ) Defendant ) TO: THE ABOVE-NAMED DEFENDANT You are notified there is a Petition for Writ of Certiorari on file in the office of the clerk of the above court. A copy of this filing is attached hereto. The Plaintiff is Nestor Lobodiak, Tom Riley Law Firm, P.L.C., whose address is 1210 Highway 6 West, Iowa City, Iowa 52246. The Plaintiff's phone number is (319) 351-4996, with a facsimile transmission number of (319) 351-7063. You are commanded to certify to the Iowa District Court for Johnson County, at the county courthouse in Iowa City, Iowa, within 20 days after service of this Writ of Certiorari upon you, a transcript of the entirety of your records and proceedings as are complained of in the Petition for Writ of Certiorari, together with the facts of the case, describing or referring to them or any of them with reasonable certainty. 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 1- 319-398-3920, Ext. 100. (If you are hearing impaired, call Relay Iowa TTY at 1- 800-735-2942.) LODEMA BERKLEY By: --jUf)L•,Carl(1C0(--- , Designee CLERK of the abovb Court Johnson County Courthouse Iowa City, Iowa I. U IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT r‘, YOUR INTERESTS. -< - ; Q L IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY NESTOR LOBODIAK, ) Case No. a. cc_ v Plaintiff, ) PETITION FOR WRIT vs. ) OF CERTIORARI IOWA CITY BOARD OF ADJUSTMENT,) Defendant ) C STATE OF IOWA ) _: , f— ss: _. COUNTY OF JOHNSON ) _ [Ti - -r COMES NOW Plaintiff and for his Petition for Writ of Certiorari, states: =-' 1 . Plaintiff is a resident of Iowa City, Johnson County, Iowa aggrieved by a decision filed on November 4, 2004, in the office of the Defendant Iowa City Board of Adjustment when it exceeded its proper jurisdiction in whole or in part by illegally granting First Presbyterian Church a special exception allowing the perpetual inurnment of cremated human remains in a columbarium on its 1 .96 acre RS-5 Low Density Single-Family Residential zoned property at 2701 Rochester Ave., Iowa City, Iowa. 2. This Iowa District Court has subject matter jurisdiction of this Petition for Writ of Certiorari pursuant to Iowa Code §414.15 (2003). C) o 3. Defendant exceeded its proper jurisdiction in whole or in part on the following specific grounds: _ N J cn A. Only the Iowa City City Council has the power to amend the Iowa City Zoning Chapter to allow a "columbarium": (1 ) as a "facility related to the use" of a "religious institution" in a RS-5 Low Density Single-Family Residential Zone. (2) as a "permitted use," "provisional use," or as a "special exception" in a RS-5 Low Density Single-Family Residential Zone. (3) as a "permitted accessory use" to a "religious institution" in a RS-5 Low Density Single-Family Residential Zone. B. Only the Iowa City City Council has the jurisdiction under the Zoning Chapter to hear and decide an application for upzoning a RS-5 Low Density Single- Family Residential Zone parcel to RM-12, RM-20 or CC-2 before allowing the applicant to then petition the Board of Adjustment to grant a variance allowing a "columbarium" to be installed on a 1.96 acre parcel. C. Only the Iowa City City Council has the jurisdiction to address the policy concerns of whether or not, or on what specific terms and conditions, the Zoning Chapter should be amended to allow for the perpetual inurnment of cremated human remains in RS-5 Low Density Single-Family Residential Zones with parcel sizes of less than 20 acres. WHEREFORE Plaintiff prays the Court enter an Order directing the Clerk of the Johnson County District Court to issue a Writ of Certiorari under seal commanding the Defendant to certify to the Iowa District Court for Johnson County, at the Johnson County Courthouse, Iowa City, Iowa, within 20 days after service of the Writ of Certiorari upon it, a transcript of the entirety of Defendant's records and proceedings as are complained of in the Petition for Writ of- N cD CJl 2 Certiorari, together with the facts of the case, describing or referring to them or any of them with reasonable certainty. I, Nestor Lobodiak, upon being first duly sworn upon my oath, depose and state that I am the Plaintiff in the above-entitled cause of action; that I have read the statements contained in the foregoing Petition for Writ of Certiorari, and that the statements therein contained are true as I verily •elieve. / MILNestor L•.odiak Subscribed and sworn to before me o o ember 24, 2004. Cel-163 ` a./t _ - 0 corr CELIAM.►iARTSOCK Notary Public in and for the �:+on Number 701580 State of Iowa my , LOW FIR P.L . B ' NESTOR OBODIAK #000009760 10 High ay 6 West low. it IA 52246 Ph. (319) 351-4996 Fax (319) 351-7063 PRO SE PLAINTIFF O �= l l ) ^^ Cr--; l� N Dd 3 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY NESTOR LOBODIAK, ) ) Case No. 0_ 12 5 3 v S Plaintiff, ) ) ORDER GRANTING PETITION vs. ) FOR WRIT OF CERTIORARI IOWA CITY BOARD OF ADJUSTMENT,) N Defendant ) AND NOW on this IN day of November, 2004, the Petition for Writ fn of Certiorari having been presented to the Court and the Court having.reviewed 0 11 said Petition and being fully advised in the premises, finds that the Writ of - Certiorari should be issued. IT IS THEREFORE ORDERED that the Clerk of the Johnson County District Court shall issue a Writ of Certiorari under seal commanding Defendant Iowa City Board of Adjustment to certify to the Iowa District Court for Johnson County, at the Johnson County Courthouse, Iowa City, Iowa, within 20 days after service of the Writ of Certiorari upon it, a transcript of the entirety of Defendant's records and proceedings as are complained of in the Petition for Writ of Certiorari, together with the facts of the case, describing or referring to them or any of them with reasonable certainty. L. VERN ROBiNSO JUDGE OF THE SIXTH JUDICIAL L DISTRICT COURT OF IOWA; ) � N II N \J 4 > o cn END OF CASE FILE JOHNSON COUNTY SHERIFF' S DEPARTMENT P.O. BOX 2540 IOWA CITY, IA 52244-2540 DATE: 10/14/04 ***** PROCESS SERVERS WORKSHEET ***** CP# : 000020047042 DOCKET: 00EQCV065181 AGENCY: 090020047042 PLTF: HILLS BANK & TRUST CO PROCESS TYPE: ORIGINA1 NOTI€E VS . PETITION-am `- DFND: PARIS,WARREN M 'l - _= 2C_; cry AOR: 0003154 TERPSTRA,H RAYMOND II a AOR PHONE: 3193642467 COURT OF ORIGIN: JOHNSON CO CP#/PARTY : 000020047042-02 DATE ASSIGNED: 10/14/04 SERVER: 00001 UNASSIGNED SERVER ENTRY SERVE BY: 00/00/00 V') --1 ( 0 DATE: TIME: l Os AM/PM HAZARDS : SERVICE TYPE : Q2A-KC� v PARTY: IOWA CITY,CITY OF : 410 E WASHINGTON ST BY SERVING: 1 "�^ Com- \ G I- IOWA CITY IA RACE: HEIGHT: RACE : LJ HEIGHT: WEIGHT: SEX: WEIGHT: SEX: T� HAIR: EYES : HAIR: EYES : DOB: 00/00/00 SSN: DOB: PHONE: SERVED AT: EMPLOYER: 4 I p C1 toc S Q9 VEHICLE: YEAR: MAKE: MILEAGE ( SERV FEE: MODEL: LIC PLATE: STATE: MISC1 MISC2 DESCRIPTION: COMMENTS : # DATE TIME SERVR REASON 1 2 SIGNATURE DATE 3 TITLE 4 5 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY HILLS BANK AND TRUST COMPANY, j NO. EQCV 6 1 SSI Plaintiff, ) ) vs. ) ) WARREN M. PARIS, d/b/a Paris Concepts, ) UNITED STATES OF AMERICA, for and ) on behalf of the INTERNAL REVENUE ) ORIGINAL NOTICE SERVICE, ERIC HENRY BLOMME, ) ERIN MARIE FARMER, DAVE ) HOMEWOOD &HEIDI WOLF ) p` _ HOMEWOOD,H&R ACCOUNTS, INC., ) ?(7 0 CITY OF IOWA CITY and SCOTT ) HARWICK and DARLA HARWICK, ) -- -— . ==I C` CO Fri Defendants. ) ;75 z " ( v l- c; TO THE ABOVE-NAMED DEFENDANT: You are notified there is a Petition on file in the office of the Clerk of the above Court. A copy of this filing is attached. The Plaintiffs attorney is H. Raymond Terpstra II,whose address is 118 Third Ave., SE, Suite 500, Cedar Rapids, Iowa 52401. The Plaintiff's attorney's phone number is (319) 364-2467, with a facsimile transmission number of(319) 364-0923. 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, in the Iowa District 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 1-319-398-3920. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942). X 1-0 U (SEAL) LODEMA BERKLEY • c RK •F THE ABOVE COURT Johnson County Courthouse Iowa City, IA 52240 : CA IMPORTANT F7 rel./1Cc.- YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. UM (cvhOic( /) IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY HILLS BANK AND TRUST COMPANY, ) ) NO. EQCV065/ Plaintiff, ) a r VS. j ) 4- WARREN M. PARIS, d/b/a Paris Concepts, ) l iy c--)_UNITED STATES OF AMERICA, for and ) �, N on behalf of the INTERNAL REVENUE ) PETITION IN EQUITY FOR ts..! at SERVICE, ERIC HENRY BLOMME, ) FORECLOSURE,WITH WAI EIS` ERIN MARIE FARRIER,DAVE ) OF IN PERSONAM JUDGMENT HOMEWOOD &HEIDI WOLF ) HOMEWOOD,H& R ACCOUNTS,INC., ) CITY OF IOWA CITY and SCOTT ) HARWICK and DARLA HARWICK, ) 0 17-3 Defendants. ) n -TI COMES NOW the Plaintiff, Hills Bank and Trust Company, through coun 0, id co rn 3. M respectfully states as follows: COMMON ALLEGATIONS - —� 1. The Plaintiff is a state banking organization organized under Chapter 524, Iowa Code, doing business,in part, in Johnson County, Iowa. 2. Defendant Warren M. Paris("Paris")is,to the best information and belief of the Plaintiff, a resident of Johnson County, Iowa. COUNT I -NOTE NO. 4720595 3. Defendant Paris made, executed and delivered to the Plaintiff his promissory note dated October 18, 1997 in the original principal sum of$81,500.00("Note 4720595"). Note 4720595 is in default by virtue of the maker's failure to make monthly payments due on the note in a timely manner. 4. The balance due and owing on Note 4720595 is in the amount of$72,217.44. Interest accrues from and after September 29, 2004 at the rate of 6.25%per annum. A copy of the Note is attached hereto as Exhibit"A"and is incorporated herein by reference. 5. Note 4720595 is secured under the terms of a Mortgage dated October 18, 1997, with an adjustable rate rider, filed of record on October 23, 1997 in the office of thehnson County,Iowa Recorder in Book 2361 at page 52. The mortgage encumbers the real-e§taae `i n _ _-r-, described as follows,to-wit: { co Lot Thirty-two (32) of Raphael Place Addition to Iowa City, as shown oc-:the recorded plat thereof J (locally known as 1911 Hotz Avenue,Iowa City, IA 52245). The real estate is not agricultural in nature and is the residence or homestead of Defendant Paris, to the best information and belief of the Plaintiff. A copy of the mortgage is attached hereto as Exhibit"B"and is incorporated herein by reference. COUNT II -NOTE NO.4766523 6. A notice of right to cure default was given to Paris on March 18,2004. A copy of the notice is attached hereto as Exhibit"C"and is incorporated herein by reference. The mortgage loan remains in default and amounts due thereunder are due and payable in full. 7. Defendant Paris made, executed and delivered to the Plaintiff his promissory note dated August 22, 2000 in the original principal sum of$24,250.00 ("Note 4766523"). Note 4766523 is in default by virtue of the maker's failure to make monthly payments due on the note in a timely manner. 8. The balance due and owing on Note 4766523 is in the amount of$7,815.86. Interest accrues on the sum of$7,815.86 at the rate of 9.875%per annum from and after September 29,2004. A copy of the Note is attached hereto as Exhibit"D"and is incorporated herein by reference. 9. Note 4766523 is secured under the terms of a Consumer Mortgage dated August 22, 2000, filed of record on August 23, 2000 in the office of the Johnson County, Iowa Recorder 2 in Book 2998 at page 587. The mortgage encumbers the real estate described as follows, to-wit: Lot Thirty-two (32) of Raphael Place Addition to Iowa City, as shown on the recorded plat thereof (locally known as 1911 Hotz Avenue, Iowa City, IA 52245). The real estate is not agricultural in nature and is the residence or homestead of Defendant Paris,to the best information and belief of the Plaintiff. A copy of the mortgage is attached hereto as Exhibit"E"and is incorporated herein by reference. 10. A notice of right to cure default was given to Paris on March 18, 2004. A copy of the notice is attached hereto as Exhibit"F"and is incorporated herein by reference. The mortgage loan remains in default and amounts due thereunder are due and payable in full. COMMON CONCLUDING ALLEGATIONS 0 c7 0 11. The Plaintiff is the owner and holder of the notes and the mortgagesc) -11 `- , co '1.- 12. --- 12. The Notes and mortgages provide for reimbursement by the Plaintiff of the r 1 - 1 Plaintiff's reasonable attorney's fees incurred in the context of foreclosing the mortgage. ictlYg Plaintiff's Attorney's Affidavit of Fees is attached hereto as Exhibit"G" and is incorporated herein by reference. 13. Defendant United States of America,for and on behalf of the Internal Revenue Service,may claim some right,title or interest in and to the subject real estate by virtue of a federal tax lien against Warren M. Paris in the sum of$18,589.61, filed of record in the office of the Johnson County, Iowa Recorder on December 6,2001 in Book 3186 at page 244. The interest of the United States of America, on behalf of the Internal Revenue Service, is junior and subordinate to that of the Plaintiff. 14. Defendant Eric Henry Blomme may claim some right,title or interest in and to the subject real estate by virtue of a judgment entered in his favor against Warren Paris, dba Paris Concepts, on December 4, 2001 in the sum of$895.00 plus 5.481%interest from August 31, 2001 plus $48.00 costs and $17.00 service fees. Whatever right,title or interest is claimed by 3 Eric Henry Blomme is junior and subordinate to that of the Plaintiff. 15. Defendant Erin Marie Farrier may claim some right, title or interest in and to the subject real estate by virtue of a judgment entered in her favor against Warren Paris on December 3,2003 in the sum of$5,000.00 plus 3.25%interest from July 17, 2003 plus $68.00 costs. Whatever right,title or interest is claimed by Erin Marie Farrier is junior and subordinate to that of the Plaintiff. 16. Defendants Dave Homewood and Heidi Wolf Homewood may claim some right, title or interest in and to the subject real estate by virtue of a judgment entered in their favor against Warren Paris and Paris Concepts on May 17, 2002 in the sum of$1,352.00 plus 5.609% interest from March 22,2002 plus $56.50 costs. Whatever right, title or interest is claimed by Dave Homewood and Heidi Wolf Homewood is junior and subordinate to that of the Plaintiff. 17. Defendant H & R Accounts,Inc. may claim some right, title or interest in and to the subject real estate by virtue of a judgment entered in its favor against Warren Paris on January 31,2003 in the sum of$843.44 and$85.50 costs. Whatever right,title or interest is claimed by H &R Accounts, Inc. is junior and subordinate to that of the Plaintiff. 18. Defendant City of Iowa City may claim some right,title or interest in and to the subject real estate by virtue of a judgment entered in its favor against Warren M. Paris on December 1,2003 in the sum of$67.50 costs. Whatever right,title or interest is clai i�d by t1I n City of Iowa City is junior and subordinate to that of the Plaintiff. j'.-_; o 19. Defendants Scott Harwick and Darla Harwick may claim some right;-.t 1'or `=_' !" l interest in and to the subject real estate by virtue of a judgment entered in their favet4gainsLt.o ,71 Warren M. Paris on February 12, 2004 in the sum of$87.50 costs. Whatever right, title ore interest is claimed by Scott Harwick and Darla Harwick is junior and subordinate to that of the 4 Plaintiff. 20. The Plaintiff will recognize the statutory redemption rights of Defendant United States of America, for and on behalf of the Internal Revenue Service, pursuant to 28 U.S.C. §2410©). The amount payable by said Defendant to redeem shall be calculated pursuant to 28 U.S.C. §2410(c) and/or(d). 23. The Decree of Foreclosure will provide for the remittance by the Sheriff of any bid amount in excess of the Plaintiff's judgment, if any,to the Clerk's office to be held pending application by one or more junior lien holders for disbursement of the same under Court Order. 24. The Plaintiff has expended the sum of$65.00 for abstracting fees and anticipates expending additional money for abstracting charges in the amount of$65.00,with amounts properly added to the judgment, as is prayed for below. The Plaintiff is entitled to be reimbursed for all abstracting expenses and other advancements,if any,made by the Plaintiff for insurance premiums, real estate taxes and/or other costs during the pendency of this action to protect the real estate and/or improvements thereto. Any and all advancements should be included as part of the indebtedness awarded as a judgment herein and secured by the aforementioned mortgages. 25. THE PLAINTIFF WAIVES AN IN PERSONAM JUDGMENT A(i ST 141E 0 C j MAKER OF THE NOTE. C?-< _ -71 =C> co WHEREFORE,the Plaintiff prays that: rn_ Lc, A. The Court enter an in rem judgment for amounts due and owing on3oan Na 4720595 in the payoff amount as of September 29, 2004 in the sum of$72,27.44 with interest thereon at the rate of 6.25%per annum from and after September 29, 2004,plus all advanced taxes,insurance, if any, abstracting charges in the amount of$65.00 plus additional advances by the Plaintiff, if any, and for costs of this action, including the Plaintiff's reasonable attorney's fees which should be assessed as court costs pursuant to §625.22,Iowa Code, and for other court costs. B. The Court enter an in rem judgment for amounts due and owing on Loan No. 4766523 in the payoff amount as of September 9, 2004 in the sum of$7,815.86 5 with interest thereon at the rate of 9.875%per annum from and after September 29, 2004. C. The Court enter judgment declaring the Plaintiffs mortgages to constitute valid first and second liens on the real estate described herein prior to and superior to any claim or interest of the Defendants and to foreclose said mortgage upon the real estate described above. D. The Court direct that a special execution issue directing the sale of the Johnson County, Iowa real estate described above by the Johnson County Sheriff and that, at the time of said sale,the Sheriff shall issue to the purchaser of the real estate described above a Sheriff's Certificate. E. That the Court recite in the Decree of Foreclosure that no third persons may obtain an interest in and to the real estate being foreclosed hereunder after this action has been indexed by the Clerk of Court pursuant to §617.11,Iowa Code. F. That the Court order that if the purchaser at Sheriff's sale of all or a portion of the real estate foreclosed upon should be denied possession of the property by any of the Defendants, after obtaining a Sheriff's Deed,then a writ issue from the Court on the filing of a praecipe and request for the issuance of the writ directing the Johnson County Sheriff to put the purchaser at Sheriff's sale in possession of the subject-real estate or so much thereof as has been sold to satisfy the Plaintiff's judgment. G. That the Decree provide for the sale of the mortgaged property with a six-month redemption period for the benefit of the mortgagor and United States of America on account of the lien as described at Paragraph 20 above. H. That the Court enter such other orders and relief as the Court deems just and equitable in the premises. Respectfull is'tted, . ' aymond Terpstra II LI0005486 TERPSTRA,EPPING&WILLETT 118 Third Avenue S.E., Suite 500 Cedar Rapids, IA 52401-1424 Ph: (319) 364-2467 Fax: (319) 364-0923 0 r Attorney for Plaintiff C) El 3a. FYI �� t w 6 > o 29:047:12 30 year amortization Warren M. Paris - 472-059-5 SMG "478-44-3606 A' DEDUCT #428-140-8 1191 lotz Avenue • Iowa City IA 52245 ADJUSTABLE RATE NOTE (1 Year Treasury Index - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. October 18, 1997 Iowa City Iowa Date City Statvg,:T rt 1191 Hotz Avenue Iowa City Iowa 52245 ', Property Address 1. BORROWER'S PROMISE TO PAY • _In return for a loan that I have received, I promise to pay U.S.$ 81,500.00 (this amount is called "principal"), plus interest,to the order of the Lender.The Lender is Hills Bank and Trust Company 131 Main St. Hills Iowa 52235 I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the"Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid.I will pay interest at a yearly rate of 8.250 %. The interest rate I will pay wit 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 wit pay both before and after any default described in Section 7(8)of this Note. Interest shall accrue as of October 23, 1997. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the 1st day of each month beginning on December 1st , 1997 I will make these payments every month until I have paid all of the principal and interest and any other.charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If,on November 1st , 2027' I still owe amounts under this Note,I will pay those amounts in full on that date,which is called the"maturity date." I wit make my monthly payments at any location of Hills Bank and Trust Company , 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.$ 612.28 . 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 1st day of November 2000 ,and on that day every 12th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the weekly average yield an United States Treasury securities adjusted to a constant maturity of 1 year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." MULTISTATE ADJUSTABLE RATE NOTE—ARM 5-2—Single Family—Fannie Mae/Freddie Mac Uniform Instrument Form 3502 3/85 037.LMe(6/95) Page 1 01 4 O — n C-7 _{ f l i I eJ EXHIBIT 51/A" [� pzy.v 472-059-S SMG • If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Three and 000/1000 percentage points( 3.000 %) to the Current Index.The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. - (D) Limits on Interest Rate Changes The interest rate that I am required to pay at the first Change Date will not be greater than 10.250 % or less than 6.250 %.Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than Two and 000/1000 percentage points.( 2.000 %) from the rate of interest I have been paying for the preceding twelve months. My interest rate will never be greater than 14.250 % (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 wit deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change, The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment,I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of the principal that I owe under this Note. If I make a partial prepayment there will be no changes in the due dates of my. monthly payments unless the Note Holder agrees in writing to those changes. My partial prepayment may reduce the amount of my monthly payments atter the first Change Date following my partial prepayment. However,arty 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: () any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and (t)any sums already collected from me which exceeded permitted limits will be refunded to me.The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 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 5.000 % 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. 1037.LMG(6/95) Page 2 of 4 • _ r > C� c_o n >-1 L , _r�t 1 . - J I 1 J^ • D CD Co 472.055.5 SMG • (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 east thirty(30)days after the date on which the notice is delivered or mailed to me. (D) No Waiver by Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder • will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as descrbed above,the Note Holder will have the right to be paid back by me for at of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys'fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address mated in Section 3(A)above or at a different address if I am given a notice of that different address. • 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE - If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor,surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. 'Presentment"means the right to require the Note Holder to demand payment of the amounts due. 'Notice of dishonor' means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. • 11..UNIFORM SECURED NOTE This Note Is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are• descrbed as folbws: TRANSFER OF THE PROPErti Y OR A BENEFICIAL INTEREST IN BORROWER. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of at sums secured by this•Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall riot exercise this option ih (a) Borrower causes to be submitted to the Lender Information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and(b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to 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 Si writing. • 037.LMG(6/95) Page 3 of 4 • 0 o —11 i ,D o co 472-059-5 SMG • If Lender exercises the option to require immediate payment in full, Lender shall give Borrower,notice of acceleration. The notice shall provide a period of not less than thirty (30) days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. • WITNESS THE HANb(S)AND SEAL(S)OF THE UNDERSIGNED. B""""r Warren M. Paris Borrower [Seal] Borrower peal] aorr°wer `V�1 RIGHTS OF LENDER UPON CHANGE OF USEil u 1 In the event all or a (SIGN ORIGINAL ON vl y part of the Property is used for other. ,tom the personal residence of the Borrower without Lender's prior written consent, Lender may, at its option (1) require immediate payment of all sums due under the Promissory Note; or (2) adjust the interest rate, monthly payments, amortization and maturity date of the Promissory Note to conform to Lender's loan policies then existing to be effective on the first day of the month following the use of the a personal residence.• OPeY for other than lAA-C.&gag 41 narren M. Paris )37.LMG(12/95) Page 4 of 4 c. r+a -71 • O c� 3 Q CX) 472.559-5 SMG • ADJU:' 3LE RATE RIDER (1 Year 'l,_esury Index—Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 18th day of October , 1997 and is incorporated • into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned(the "Borrower")to secure Borrower's Adjustable Rate Note(the "Note")to Hills Bank and Trust Company 131 Main St. Hills Iowa 52235 and covering the property described in the Security Instrument and located at: (the "Lender") of the same date 1191 Hotz Avenue Iowa City Iowa 52245 (Property Aatlress) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial rate of 8.250 %. 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 wilt pay may change on the 1st day of November ,2000 month thereafter. Each date on which my interest rate could change is called a "Change Date." and on that day every 12th (B) The Index Beginning with the first Change Date,my interest rate will be based on an Index. The"Index"is the monthly average yield on United States Treasury securities adjusted to a constant maturity of 1 year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index". If the Index is no longer evadable, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. • (C) Calculation of Changes Before each Change Date,the Note Holder will calculate my new interest rate by adding Three and 000/1000 percentage points( 3.000 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Data will not be greater than 10.250 %or less than 6.250 %. Thereafter,my interest rate will never be increased or decreased on any single Change Date by more than Two and 000/1000 percent( 2.000 %)from the rate of interest I have been paying for the preceding twelve months. My interest rate will never be greater than 14.250 %or less than 3.000 %. • (E) Effective Date of Changes • • My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after.the Change Date until the amount of my monthly payment changes again. MULTISTATE ADJUSTABLE RATE RIDER Single Family-Fannie Mae/Freddie Mac Uniform Instrument 3783.LMa(12/94) Modified Form 3111 3/85 Page 1 of 2 rV O r`) j`J c : a ^�', 1nr f1�� Fri i t 1�=J�P,,� -� -. I'-1 D o co • 472.059.5 SMG • (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 17 of the Security Instrument is amended to read as follows: TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER. If all or any pan of the property or any interest in it is sold or transferred (or it a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender :f exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option it: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as it 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 applicaole 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 shalt give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. v/V ��L� r 1 [Seal] Borrow. Warren M. Paris Borrower [Seat] [Seal] Borrower [Seal] Borrower i3783.LMG(12/94) Page 2 of 2 P+a �J G� l J _l 1 r) J BE 2361 P:10E 057CO 472-059.5 SMG �ys�Ia-1 �` 0081)5_5 . \ 30,0 I997 OCT 2.3 F JO a "HIO\'CA'CiviT'(T''�IO' CQF: RCE� � Prepared by Barb Cahill Hills Bank and Trust Company 1401 S. Gilbert Street Iowa City, Iowa 52240 319-679-2291 [Space Above This line For Recording Dotal MORTGAGE • THIS MORTGAGE("Security Instrument")is given on October 18, 1997 ,The mortgagor is Warren M. Paris , a single person ('Borrower"). This Security Instrument is given to Hills Bank and Trust Company which is organized and existing under the laws of the State of Iowa and whose address is 131 Main Street Hills, Iowa 52235 ("Lender"). Borrower owes Lender the principal sum of Eighty One Thousand Five Hundred and 00/100 Dollars (U.S.$ 81,500.00 ).This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on November 1, 2027 .This Security Instrument secures to the Lender. (a)the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of'this Security Instrument; and (c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in Johnson County, Iowa: Lot 32 of Raphael Place Addition to Iowa City, Iowa, as shown on the recorded plat thereof. RIGHTS OF LENDER UPON CHANGE OF USE: In the event all or any part of the Property is used for other than the personal residence of the Borrower without Lender's prior written consent,Lender may,at it's option (1)require immediate payment of all sums due under the Promissory Note; or (2)adjust the interest rate, monthly payment, amortization and maturity date of the Promissory Note to conform to Lender's loan policies then existing to be effective on the first day of the month following the use of the Property for other than a personal residence. • which has the address of 1191 Hotz Avenue Iowa City (Street/ [City! r Iowa 52245 ("Property Address"); [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,appurtenances,and fixtures now or hereafter a part of the property.All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property.' •BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will r=-� defend generally the title to the Property against all claims and demands,subject to any encumbrances of record. V :--. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by .. jurisdiction to constitute a uniform security instrument covering real property. C") :_:...: UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under-the Note. n�' }2. Funds for Taxes and Insurance.Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender -_4(')on the day monthly payments-are due under the Note, untl the Note is paid in full, a sum ("Funds') for. (a) yearly taxes and rr-r--1 assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground r) l I 1 rents on the Property, if any; (c) yearly hazard or property Insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly �-- mortgage insurance premiums,if any; and(f)any sums payable by Borrower to Lender, in accordance wth the provisions of paragraph 8,in _ �J lieu of the payment of mortgage insurance premiums.These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. 2601 et seq. C7 ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may,at any time, collect and hold funds in CO an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of correct data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,or entity(including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds,annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the'Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid,Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may 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, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security tnstnrment. IOWA.Single Famdy-FNMA/FHLMC UNIFORM INSTRUMENT 1024.LM3(7/97) Page 1 of 4 Form 3016 9/90 aySt ij BIZ 2U61f 1:7L 'J 4a 137/ l 472-059-5 SMG If the Funds held by'Lender exceed tI .amounts permitted to be held by applicable law 'ender shall account to Borrower for the excess Funds'in accordance with the reqs '.ants of applicable law. If the amount of the, ds held by Lender at any time is not sufficient to pay the Escrow Items when due,'Lender may so notify Borrower in writing, and, in such case Borrower shall pay-to Lender the 'amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. . Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly retund to Borrower any Funds held by • Lender. If under paragraph 21, Lender shall acquire or set the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise,all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest • due; fourth,to principal due; and last,to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the ten. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance.This insurance shall be maintained in the amounts and for the periods that Lender requires_ The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss If not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether of not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due.The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property Prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. S. Occupancy, Preservation Maintenance and Protection of Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sorry 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 Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate,or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgement could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's , interest in the Property or other material Impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. 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. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums '1 5 secured by a lien which has priority over this Security Instrument,appearing in court, paying reasonable attorneys'tees and entering on the —c• Property to make repairs. Although Lender may take action under this paragraph 7,Lender does not have to do so. ' Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. `J C—) Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note -" "'"t —11 rate and shall be payable,with interest,upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security C) . _r Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason,the mortgage insurance l— fT'1 coverage required by Lender lapses or ceases to be in effect, Borrower shallpay the t P ZT t I premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not lD available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid D O by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss - CO reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage(in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the tuna of or prior to an inspection specifying reasonable cause for the inspection. F1024.LMG(7/97) Pap 2 or 4 ug2381 m E 053 472-050.5 SMG .....011{111. nne proceeds'''ny award or claim for damages, direct or consec—•tial,in connection with any condemnation or other taking of any part of the Property, c conveyance-- 'au of condemnation,are hereb :signed and shall be pc' Lender. In 'he event of a total taking of the Property,the procex ill be applied to the sums secured by this Security Instrume :cher or riot then due,with any excess paid to Borrower.In the event partial taking of the Property in which the fair market value of me Property . immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking unless Borrower and Lender otherwise agree it writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of partial - taking of the Property in which the lair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or not then due. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not A Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrowers or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers.The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several.Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument-, (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the 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 under the Note. • 14. Notices.Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method.The notice shall be directed to the Property Address or any other address Borrower designates by notice to _ender. My notice to Lander shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent,Lender may,at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohbited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument.It Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement • of this Security Instrument discontinued at any time prior to the earlier oh (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument-, or judgment enforcing this Security Instrument.Those conditions are that Borrower, (a) (litb) entry underof a this Security Instrument and the Note as if no acceleration had occurred; pays uenany default of any other er all sums which then would be due pays all expenses incurred in enforcing this Security Instrument, including, but limited to, reasonable attorneys'fees;ornants and r(d)takesc)such action as Lender may reasonably require to assure that the ten of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security 0 N Instrument and the 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 paragraph 17. `--• 19. Sale of Note; Change of Loan Servicer.The Note or a partial interest in the Note(together with this Security ).>' O Instrument)may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the"Loan R Servicer")that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the —t 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 JCM change in accordance with paragraph 14 above and applicable law. The notice wit state the name and address of the new Loan Servicer • �1` and the address to which payments should be made. The notice will also contain any other information required b rri 20. Hazardous Substances.Borrower shall not cause or permitthe presence, q y storage, o �or r aof �`CJ .~ --i any Hazardous Substances on or in the Property. Borrower shall not do, or allow anyo eelse to do,anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence,use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation,claim,demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower leams, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous substance affecting the Property is necessary, Borrower shall promptly take a!! necessary remedial actions in accordance with Environmental Law. 1024.1..MG(7/97) P+9• 3 of 4 EJu 2361 PACE 054 472-0595 SMG As used in this paragraph 20, "Hazr-'nus Substances" are those substances definr-'-as toxic or hazardous substances by Environmental and the following substar. gasoline, ker-""'ie, other flammable or tox etroleum products, toxic pr-',ides and herbicides, volatile solvents, materials containing asbestos maldehyde, and radioactive ,naterials. As used in tf'..- ragraph 20, "Environmental Law" means federal laws and laws . jurisdiction where the Property is located that relate. health, 'safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the 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 be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the ri ght to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including but not limited to, reasonable attorneys' fees and costs of title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument without charge to Borrower. 23. Waivers. Borrower relinquishes all right of dower and waives all right of homestead and distributive share in and to the Property. Borrower waives any right of exemption as to the Property. 24. Redemption Period. If the Property is less than 10 acres in size and Lender waives in any foreclosure proceeding any right to a deficiency judgment against Borrower, the period of redemption from judicial sale shall be reduced to 6 months. If the court finds that the Property has been abandoned by Borrower and Lender waives any right to a deficiency judgment against Borrower, the period of redemption from judicial sale shall be reduced to 60 days. The provisions of this paragraph 24 shall be construed to conform to the provisions of Sections 62828 and 628.27 of the Code of Iowa. 25. Riders to this Security Instrument.If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and.agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. [Check applicable box(es)] ®Adjustable Rate Rider ❑Condominium Rider ❑1-4 Family Rider 0 Graduated Payment Rider ❑Planned Unit Development Rider ❑Biweekly Payment Rider -0 Balloon Rider ❑Rate Improvement Rider ❑Second Home Rider ❑Other(s) [specify] • BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. The undersigned borrower(s)acknowledge(s)receipt of a copy of this instrument. Witnesses: ki Jt1I' meal) Be,rawer Warren M. Paris Borrower (Seal) • r.� • CD Q >- -; • t,�, _I 1-7-1 Ti _a r----? [Space Below This Line For Acknowledgment) STATE OF Iowa D COUNTY OF Johnson as: CO On this 18th day of October 1997 , before one, a Notary Public in the State of Iowa , personally appeared:Warren M. Paris , a single person to me personally known to be the person(s)named in and who executed the foregoing instrument,and acknowledged that he executed the same as his voluntary act and deed. My commission expires: 5118198 _ _ _ s iVEGORDON '�- ft f' : MY COMMISSION EXPIRES N .ary Public in and for said County and Slate Steve Gordon (Space Below This Line Reserved Far Lender and Recorder) r024.LMG(7/97) Page 4 of 4 • ^"a R p;t�C (� gig 2„offAuL 472-059-5 SMG Hills Bank Main Bank, Hills, Iowa • 319-679-2291 and Trust Company March 18,2004 NOTICE OF RIGHT TO CURE DEFAULT (Sent Certified and Regular Mail) TO: WARREN M PARIS 1191 HOTZ AVE IOWA CITY IA 52245 Warren: • This letter provides notice of your right to cure the default under a promissory note#4720595 dated October 23, 1997, with a current principal balance of$72,120.92 that is secured by a real estate mortgage on the property at 1191 HOTZ AVE., IOWA CITY, IA as legally described under said mortgage. This default consists of the failure to make the following payments: Payment of$527.62 due on March 1, 2004. You have the right to cure this default by April 20,2004. You do so by bringing the payments current on this loan. You must pay the Total Amount Past Due of$527.62 plus the next scheduled payment of$926.00 due on April 1, 2004, for a grand total of$1,453.62 by April 20,2004. Payments can be made to any of our offices in Iowa City,Coralville, North Liberty,Lisbon, M . Vernon,Cedar Rapids,Marion,Kalona or Hills. This letter is notice to you that Hills Bank and Trust Company requires you to cure this default by April 20, 2004. If you do not,the Bank can then proceed to enforce its right to foreclose on the mortgage covering this property. Enclosed for your reference is Iowa Code section 654.2D (see sub-section 3-7)which sets forth your right to cure. We recommend you contact your attorney. Iowa law may give you the right to counseling services. Here are some nearby agencies that may be able to help: Hawkeye Area Community Action Program, Inc. Family Management Credit Counselors,Inc. 1328 2' Ave SE 1409 W 4th Street Cedar Rapids IA 52 406-0789 Waterloo IA 50702-2907 Ph 319 366-7631 Ph 319 234-6695 Muscatine's Center for Strategic Action Services for Homeowners Program 312 Iowa Avenue 602 E 1s`Street Muscatine IA 52761-0618 Des Moines IA 50309-1812 Ph 563-264-3278 Ph 515-283-4787 . Or feel free to call HUD toll free @ 800-569-4287. 0 o Sincerely, n-< —4 11 r,--� En 0 •� .n Dan Widmer D o Collections Coordinator o EXHIBIT 6` ss f Hills • Iowa City • Coralville • North Liberty • Cedar Rapids • Lisbon • Mount Vernon • Kalona • Marion www.hillsbank.com 1-800-445-5725 Hills Bank Main Bank, Hills, Iowa • 319-679-2291 and Trust Company 654.2D NONAGRICULTURAL LAND-- NOTICE,RIGHT TO CURE DEFAULT 1. Except as provided in section 654.2A, a creditor shall comply with this section before initiating an action pursuant to this chapter or initiating the procedure established pursuant to chapter 655A to foreclose on a deed of trust or mortgage. 2. A creditor who believes in good faith that a borrower on a deed of trust or mortgage on a homestead is in default shall give the borrower a notice of right to cure as provided in section 654.2B. A creditor gives the notice when the creditor delivers the notice to the consumer or mails the notice to the borrower's residence as defined in section 537.1201, sub-section 4. 3. The borrower has a right to cure the default within thirty days from the date the creditor gives the notice. 4. a. The creditor shall not accelerate the maturity of the unpaid balance of the obligation, demand or otherwise take possession of the land, otherwise than by accepting a voluntary surrender of it, or otherwise attempt to enforce the obligation until thirty days after a proper notice of right to cure is given. b. Until the expiration of thirty days after notice is given, the borrower may cure the_default by tendering either the amount of all unpaid installments due at the time of tender,without acceleration, or the amount stated in the notice of right to cure,whichever is less,or by tendering any other performance necessary to cure a default which is described in the notice of right to cure. 5. The act of curing a default restores to the borrower the borrower's rights under the obligation and the deed of trust or mortgage. 6. This section does not prohibit the creditor from enforcing the creditor's interest in the land at any time after the creditor has complied with this section and the borrower did not cure the alleged default. 7. A borrower has a right to cure the default unless the creditor has given the borrower a proper notice of right to cure with respect to a prior default which occurred within three hundred sixty-five days of the present default. 8. This section does not apply if the creditor is an individual or individuals, or if the mortgaged property is property other than a one-family or two-family dwelling which is the residence of the mortgagor. • 9. An affidavit signed by an officer of the creditor that the creditor has complied with this section is deemed to be conclusive evidence of compliance by all persons other than the creditor and the mortgagor. 87 Acts, ch 142, § 14 r r 0 O • (---) CO m Ell o CO Hills • Iowa City • Coralville • North Liberty • Cedar Rapids • Lisbon • Mount Vernon • Kalona • Marion www.hillsbank.com 1-800-445-5725 • ..: w:::,:ocz:,.. t?sx+eras;,::x: ra ;"-:' <,M:axt:.a;.3:'?:':�N,"'; ::.-^�- • "M PARIS FIXED-"ATE `� CONAL. ;,AER :n... :. :::::.: : :>: :>;<v:,n;} >A PROMISSORY Hilts Bank and Trust Company 1151 HOTZ AVE 131 Main Street IOWA CITY,.IA 52245 NOTE Hills,IA 52235 TFiPHor� rio >F>r;?isS':`:<di >:im`,r::�pFirFlE!ctin »tf �" 6�' .: r (319)679-2291 (Lender) 9FF,.F.itF�ki,S?V.A#TER O'£AF7E.:. ..,."PRINCIPAL Mtpi .:n..s:.FL7NDING OAI:£„ ,? T:URriYa k,--F :%x 'f7UtJI6EA IRAN.fIUMaFlj',,>,�o:»::.':; WAS 9.875% 824,250.00 - I 08/22/00 I 09/02/05 478440636 4'7ccci, . IHOME IMPROVEMENTS(REPAIR PORCH, WATER HEATER & COPPER PIPE) This is a Consumer Credit Transaction PROMISE TO PAY For value received,Borrower promises to pay to the order of Lender,at the office indicated above,the principal amount dl'WENTY-FOIIR THOUSAND TWO HUNDRED FIFTY AND NO/100 Dollars ($ 24,250.00 ) plus interest on the unpaid balance at the rate and in the manner described below until all amounts owing under this Note are paid in full. All amounts received by Lender shall be applied first to expenses,accrued unpaid interest,and then to unpaid principal, or in any other order as determined by Lender,in Lender's sole discretion,and as permitted by law. INTEREST RATE:Interest shall be computed on the basis of 365 days and the actual number of days per year. Interest on this Note shall be calculated at the fixed rate of NINE AND 875/1000 percent( 9.875 %) per annum or at the maximum interest rate Lender is permitted to charge by law. PAYMENT SCHEDULE:Borrowershall pay the principal and interest according to the following schedule: 59 PAYMENTS OF $515.24 BEGINNING OCTOBER 2, 2000 AND CONTINUING AT MONTHLY TIME INTERVALS THEREAFTER. A FINAL PAYMENT OF THE UNPAID PRINCIPAL BALANCE PLUS ACCRLrt) INTEREST IS DUE AND PAYABLE ON SEPTEMBER 2, 2005. Ocw, • O CD Y=i " ' -SCJ C° 3y n ►.D All payments will be made to Lender at its address described above,or at any other address so designated by Lender,and in lawful currency the United States of America. O CX) POST-MATURITY RATE: After maturity,whether due to scheduled.maturity or acceleration,past due amounts shall bear interest at the lesser of: 18.00% per year or the maximum interest rate Lender is permitted to charge by law,from the date of maturity until paid. RENEWAL: If Checked,this Note is a renewal of Loan Number . PREPAYMENT: This Note may be prepaid in part or in full at any time on or before its maturity date. If this Note contains more than one Installment,any partial prepayment will not affect the due date or the amount of any subsequent installment unless agreed to,in writing,by Borrower and Lender, It this Note is prepaid in full,Borrower shall pay any earned and unpaid interest and insurance charges if any. ® Upon prepayment in full,if the earned interest is less,Borrower shall pay a minimum finance charge of$5.00 if the amount financed is$75.00 or less, or$7.50 if the amount financed is more than$75.00. SECURITY: To secure the payment and performance of obligations incurred under this Note,Borrower grants Lendera securityinterestin,and pledges and assigns to Lender all of Borrower's rights,title,and interest,in all.monies, instruments,savings,checking and other deposit • accounts of Borrower's,(excluding IRA,Keogh and trust accounts and deposits subject to tax penalties if so assigned)that are now or in the . 'future in Lender's custody or control. ® If checked,the obligations under this Note are also secured by a lien on and/or securityinterestin the property described in the documents executed in connection with this Note as well as any other property designated as security for this Note now or in the future. SECURED BY A MORTGAGE DATED 8-17-00 ON PROPERTY LOCATED AT 1191 HOTS AVE IOWA CITY IA 52245 • NOTICE TO CONSUMER: 1. DO NOT SIGNTHIS PAPERBEFOREYOU READ IT. 2. YOU ARE ENTITLEDTO A COPY OF THIS PAPER.3. YOU MAY PREPAYTHE UNPAID BALANCE AT ANY TIME WITHOUT PENALTY OTHER THAN THE PREPAYMENTPENALTY DESCRIBED BELOW AND MAY BE ENTITLED TO RECEIVEA REFUND OF UNEARNED CHARGES IN ACCORDANCE WITH LAW. 4. IF YOU PREPAY THE UNPAID BALANCE,YOU MAY HAVE TO PAY A MINIMUM CHARGE NOT GREATER THAN SEVEN DOLLARS AND FIFTY CENTS ($7.50). BORROWER ACKNOWLEDGESTHAT BORROWER HAS READ,UNDERSTANDS,AND AGREES TO THE TERMS AND CONDITIONS OF THIS NOTE INCLUDING THE PROVISIONSON THE REVERSE SIDE. BORROWERACKNOWLEDGESRECEIPT OF AN EXACT COPY OF THIS NOTE. Dated: AUGUST 17, 2000 BORROWER WARREN N PARIS BORROWER BORROWER BORROWER EXHIBIT "D" / 07)9--/LP-IA101 e FonnAiion Technologies, (7111/93)(BOD)937-3799 TERMS AND CONDIT"'NS 1. DEFAULT: B.,,,,wer wEl be in default under this Note in the event that Borrower,i>,,cosigner, any guarantor, or any third party pledging collateral to secure this Note: (a) fails to make any payment on this Note or any other indebtedness to Lender when due; (b) fails to perform any obligation or breaches any warranty or covenant to Lender contained in this Note or any other present or future written agreement regarding this or any other indebtedness of Borrower to Lender; (c) provides or causes any false or misleading signature or representation to be provided to Lender; (d) allows the coiiatera!securing this Note(d any)to be lost,stolen,destroyed,damaged in any material respect,or subjected to seizure or confiscation; (e) permits the entry or service of any garnishment,judgment,tax levy,attachment or lien against Borrower,any guarantor,or any of their property; (f) dies,becomes legally incompetent, is dissolved or terminated, ceases to operate its business,becomes insolvent,makes an assignment for the benefit of creditors,fails to pay debts as they become due,has an adverse material change in financial condition, or becomes the subject of any bankruptcy, insolvency or debtor rehabilitation proceeding;or (g) causes Lender,in good faith,to believe the prospect of payment or performance is impaired. Any of the foregoing shall constitute a default under the Iowa Consumer Credit Code,and shall evidence a material impairment of the Borrower's prospect of paying the Obligations. If a court should determine that one or more of the above do not constitute a default under the Iowa Consumer Credit Code,Borrower agrees that reinstatement of the obligations shall be Borrower's sole remedy and Borrower shall not be entitled to any damages by reason of Lender's exercise of any of its remedies herein. 2 RIGHTS OF LENDER ON DEFAULT:If Borrower is in a default under this Note,and,after mailing a Notice of Right to Cure,if required by law,such default shall not be cured within the minimum legal applicable cure time, if any,then Lender may at its option, exercise one or more of the following remedies without notice or demand: • (a) to declare the principal amount plus accrued interest under this Note and all other present and future obligations of Borrower immediately due and . payable in full; (b) to collect the outstanding obligations of Borrower; (c) to take possession of any collateral in any manner permitted by law; (d) to require Borrower to deliver and make available to Lender any collateral at a place reasonably convenient to Borrower and Lender; (e) to sell,lease or otherwise dispose of any collateral and collect any deficiency balance(subject to the imitations in the Iowa Consumer Credit Code or other limitations imposed by law); (f) to set-off Borrower's obligations against any amounts due to Borrower including, but not limited to, monies, instruments, and deposit accounts maintained with Lender;and (g) to exercise all other rights available to Lender under any other written agreement or applicable law. Lender's rights are cumulative and may be exercised together, separately,and in any order. Lender's remedies under this paragraph are in addition to those available at common law,including,but not limited to,the right to set-off. • 3. MODIFICATION AND WAIVER:The modification or waiver of any of Borrower's obligations or Lender's rights under this Note must be contained in a writing signed by Lender. Lender may perform any of Borrower's obligations or delay or fail to exercise any of its rights without causing a waiver of those • obligations or rights. Awaiver on one occasion will not constitute a waiver on any other occasion. Borrower's obligations under this Note shall not be affected if Lender amends, compromises, exchanges,fails to exercise,impairs or releases any of the obligations belonging to any co-borrower or guarantor or any of its rights against any co-borrower,guarantor or collateral. 4. DEMAND FEATURE:❑ If checked,this Note contains a demand feature,and Lender's right to demand payment, at any time, and from time to time, shall be'in Lender's sole and absolute discretion,whether or not any default has occurred. S.SEVERABILITY: If any provision of this Note violates the law or is unenforceable, the rest of the Note will remain valid. B.ASSIGNMENT:Borrower will not be entitled to assign any of its rights, remedies or obligations described in this Note without the prior written consent of Lender which may be withheld by Lender in its sole discretion. Lender will be entitled to assign some or all of its rights and remedies described in this Note without notice to or the prior consent of Borrower in any manner. The term'Lender'shall mean the Lender specified in this Note,'its successors and assigns, and subsequent holders of this Note. — 7.NOTICE:Any notice or other communication to be provided to Borrower or Lender under this Note shall be sent to their addresses described in this Note or such other address that one party may provide the other party with written notice of in the future. 8.APPLICABLELAW:This Note shall be governed by the laws of the state of Iowa. 9. COLLECTION COSTS:In the event of a default by Borrower,Borrower shall pay all of Lender's reasonable expenses(other than attorneys'fees)incurred by Lender in realizing on any security interest securing Borrower's obligations,including court costs. 10.MISCELLANEOUS:Borrower will promptly provide Lender with current financial statements and other information upon request Borrower and Lender agree that time.is of the essence. Borrower waives presentment, demand for payment, notice of dishonor and protest, except for Borrowers Right to Cure Default as,provided for under applicable law. All references to Borrower in this Note shall include all of the parties signing this Note,and this Note shall be 'binding upon the heirs,successors and assigns of Borrower and Lender. If there is more than one Borrower,their obligation will be joint and several. This Note and any related documents represent the complete and integrated understanding between Borrower and Lender. 11.ADDI IONALTERMS: • C3 --i 7,3 • > r CO • • LPIACONSO FonnAtion Technologies,loc. 12119193)(800)937.3799 • • .' MED N0. • op • -I IIUG 2 AM 11: 07 - • al-- . JOHNSON COUNTY RECORDER ` IOWA CITY.IOWA • Document Prepared by:'DEB COOPER HILLS BANK AND TRUST CO, 1401 S. Gilbert Street, Iowa City, • IA 52240, 319-338-1277 CONSUMER MORTGAGE - Hills Bank and Trust Company fill IS is a Consumer Credit Transaction) 131 Main Street Hills, IA 52235 ' (319) 679-2291 (Lender) B.ORROWEETs. . ,: � r° .,Ot g a'°:<:`::;,N . .AN MORTGAGOR c{ ?. '«x h.,Y151 'A WARREN M PARIS WARREN M PARIS A SINGLE PERSON ,r ...__........... :.:.. ................. ..................... ._ 1191 HOTZ AVE:....::....... �T9I"HOTZ.:���::::::::::.:::.rt;psi:...;,,�:.«w.,>,>.<.:::.>:;:>:.:;;::�a;:;:::;,:>s33>:s»>?>s»>»s�;�::>�;.i«<:�.. IOWA CITY, IA 52245 IOWA CITY, IA 52245 • ...nate.: .,,:::.s rk a ii"�C"'IZ ':":f: te[.aNNON6NQ,,.,; .__3dE1tT.tH fi 9VU 4;:`- �ttf2e«:-. �•��% ?:l0 5`IC:�k ;�lt�'.:.M .:/.� a�i: .:..::::::.:..:::::.�::::..::.. .::...::,:::...... :..::..:.,.::.,..�,:...,..r...,?c:>.w,�...:3. ,:::�i.......,.......:....:::::.,o-::.:;:::.:;..<..a5:8ytiY�2w.. a."`ks{ask................:..x:.................,,,:.o..c;.o.,..:� ,.,:»:.-.:...�.. NOTICE: THIS MORTGAGESECURESCREDITINTHEAMOUNTOF$ 24.250.00- LOANS AND ADVANCESUP TO THIS AMOUNT,TOGETHER WITH INTEREST,ARE SENIOR TO INDEBTEDNESS TO OTHER CREDITORS UNDER SUBSEQUENTLY RECORDED OR FILED MORTGAGES AND LIENS. 1. GRANT. Mortgagor hereby mortgages, grants, assigns and conveys to Lender, Identified above,the real property described in Schedule A which is attached to this Mortgage and incorporated herein together with all future and present improvements and fixtures; privileges, hereditaments, and appurtenances; leases,licenses and other agreements; rents,issues and profits;water,well,ditch, reservoir and mineral rights and stock,and standing timber and crops pertaining to the real property(cumulatively'Property"). 2. OBLIGATIONS. This Mortgage shall secure the payment and performance of all of Borrower and Mortgagor's present and future, indebtedness, • liabilities,obligations and covenants(cumulatively'Obligations")to Lender pursuant to: (a)this Mortgage and the following promissory notes and other agreements: .`.::..`iN AHtSe-r:c�"l°r`s:FmefltRffiefPAL;AMOUMf .;.;:. IM:W. s : ED7T1#Mf� A.GiiE tE Y Y :mss.DATE: NUI9I9E1# - .3910MB0-E'R ' FIXED $24,250.00 08/22/00 09/02/05 4766523 _ r=a 0 t=-) LM all other present or future written agreements between Borrower or Mortgagor and Lender(whether executed for the same or different purposes C) C) than the preceding documents); b)all amendments,modifications,replacements or substitutions to any of the foregoing. n—< r 3. PURPOSE. This Mortgage and the Obligations described herein are executed and incurred for personal,family or household purposes: ,i i.) (p 4. FUTURE ADVANCES. Upon request of Borrower,Lender,at Lender's option so long as this Mortgage secures indebtedness held by Lender,may make r<I— �1 future advances to Borrower. Such future advances,with interest thereon, shall be secured by this Mortgage. At no time shall the principal amount of the 1-1-1 --� indebtedness secured by this Mortgage, not including sums advanced in accordance herewith to protect the security of this Mortgage exceed ^_-13$ 24,250,00 . �J 74; %JO' • 5. CONSTRUCTION PURPOSES. If checked, ❑this Mortgage secures an obligation incurred for the construction of an improvement on land, and is a 'construction mortgage' within the meaning of Section 554.9313 of the Iowa Uniform Commercial Code. This Mortgage also secures loans or advancements > •— made to directly finance work or improvements upon the real estate described herein, and is a'construction mortgage lien"within the meaning of Section •CO 572.18 of the Iowa Code. • 6. REPRESENTATIONS,WARRANTIES AND COVENANTS.Mortgagor represents,warrants and covenants to Lender that (a) Mortgagor shall maintain the Property free of all liens,security interests, encumbrances and claims except for this Mortgage and those described in Schedule B which is attached to this Mortgage and incorporated herein by reference. (b) Neither Mortgagor nor,to the best of Mortgagor's knowledge, any other party has used, generated, released,discharged, stored,or disposed of any hazardous waste,toxic substance, or related material (cumulatively 'Hazardous Materials') in connection with the Property or transported any • Hazardous Materials to or from.the Property. Mortgagor shall not commit or permit such actions to be taken'in the future. The term 'Hazardous Materials'shall mean any substance,material, or waste which is or becomes regulated by any govemmental authority including, but not limited to,(i) - petroleum; (t)friable or nonfriable asbestos;(iii) polychlorinated biphenyls; (iv)those substances,materials or wastes designated as a'hazardous substance" pursuant to Section 311 of the Clean Water Act or listed pursuant to Section 307 of the Clean Water Act or any amendments or replacements to these statutes; (v)those substances,materials or wastes defined as a'hazardous waste"pursuant,to Section 1004 of the Resource Conservation and Recovery-Act or any amendments or replacements to that statute; or (vi)those substances, materials or wastes defined as a 'hazardous substance'pursuant to Section 101 of the Comprehensive Environmental Response,Compensation and Liability Act,or.any amendments or replacements to that statute or any other similar statute, rule, regulation or ordinance now or hereafter in effect To the best of Mortgagor's knowledge,there are no agricultural drainage wells,abandoned wells,solid waste disposal sites or underground storage tanks on the Property; (c) Mortgagor has the right and is duly authorized to execute and perform its Obligations under this Mortgage and these actions do not and shall not conflict with the provisions of any statute,regulation, ordinance, rule of law,contract or other agreement which may be binding on Mortgagor at any time; (d) No action or proceeding is or shall be pending or threatened which might materially affect the Property; (e) Mortgagor has.not violated and that not violate any statute,regulation, ordinance, rule of law,contract or other agreement which might materially affect the Property(including, but not limited to,those governing Hazardous Materials)or Lender's rights or interest in the Property pursuant to this Mortgage; (f) Mortgagor is lawfully seized of the Property in tee simple;the Property is free from all liens and encumbrances except those described in Schedule B attached to this Mortgage;and-Mortgagor hereby warrants and covenants to defend the title to the Property against all persons whosoever;and fs A% P!moi k�y 6i- 7. � (g) No loan broker as defined by Iowa Code Chapter 535C has been involved in this mortgage transaction. l_ I 7. TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN BORROWERS. On sale or transfer to any person without the prior,written approval of Lender of all or any part of the real property described in Schedule A,or any interest therein, or all or any beneficial interest in Borrower or Mortgagor (if Borrower or Mortgagor is not a natural person or persons but is a corporation, partnership, trust,or other legal entity),Lender may,at Lender's option declare the sums secured by this Mortgage to be immediately due and payable, and Lender may invoke any remedies permitted by the promissory note or other agreement or by this Mortgage,unless otherwise prohibited by federal law. / 8. INQUIRES AND NOTIFICATION TO THIRD PARTIES. Mortgagor hereby authorizes Lender to contact any third party and make any inquiry pertaining to Mortgagor's financial condition or the Property. In addition, Lender is authorized to provide oral or written notice of its'interest in the Property to an third f e party. 000587 - • Page 1 of 4 tartars LP•IA501®Formation Technologies.Inc.(7119195)(90D)937-3799 - • 9. INTERFERENCE WITH LEASES AN' 'HER AGREEMENTS. Mortgagor not take o to take any action which may cause or permit the termination' a withholding of any payn,�• in connection with any lease or.- agreement ,_..greement") pertaining to the Property. In a edition, • Mortgagor, ut Lender's prior written consent shall not: (a)collect any mons: .. ;able under any Agreement more than one month in adv.wlce; (b) • modify any,-.u.eement; (c)assign or allow a lien,security interest or other encumbrance to be placed upon Lender's rights,title and interest in anti to any Agreement or the amounts payable thereunder, or(d)terminate or cancel any Agreement except for the nonpayment of any sum or other material breach by the other party thereto. If Mortgagor receives at any time any written communication asserting a default by Mortgagor under an Agreement or purporting to terminate or cancel any Agreement, Mortgagor shall promptly forward a copy of such communication (and any subsequent communications relating thereto)to Lender. • 10. COLLECTION OF INDEBTEDNESS FROM THIRD PARTY. Lender shall be entitled to notify or require Mortgagor'to notify any third party (including, but not limited to,lessees,licensees,governmental authorities and insurance companies) to pay Lender any indebtedness or obligation owing to Mortgagor with respect to the Property(cumulatively "Indebtedness") whether or not a default exists under this Mortgage. Mortgagor shall diligently collect the Indebtedness owing to Mortgagor from these third parties until the giving of such notification. In the event that Grantor possesses or receives possession of any instrument or other remittances with respect to the Indebtedness following the giving of such notification or if the instruments or other remittances constitute the prepayment of any indebtedness or the payment of any insurance Or condemnation proceeds, Mortgagor shall hold such instruments and other remittances in trust for Lender apart from its other property, endorse the instruments and other remittances to Lender, and immediately provide Lender with possession of instruments and other remittances. Lender shall be entitled, but not required to collect (by legal proceedings or otherwise),extend the time for payment, compromise, exchange or release any obligor or collateral upon,or otherwise settle any of the indebtedness whether or not an event of default exists under this Agreement. Lender shall not be liable to Mortgagor for any action, error,mistake, omission or delay pertaining to the actions described in this paragraph or any damages resulting therefrom. • • 11. USE AND MAINTENANCE OF PROPERTY. Mortgagor shall take all actions and make any repairs needed to maintain the Property in good condition. Mortgagor shall not commit or permit any waste to be committed with respect to the Property. Mortgagor shall use the Property solely in compliance,with applicable law and insurance policies. Mortgagor shall not make any alterations, additions or improvements to the Property without Lender's prior written consent Without limiting the foregoing, all alterations, additions and improvements made to the Property shall be subject to the interest belonging to Lender,shall not be removed without Lender's prior written consent,and shall be made at Mortgagor's sole expense. 12. LOSS OR DAMAGE. Mortgagor shall bear the entire risk of any loss,theft,destruction or damage (cumulatively "Loss or Damage")to the Property or any portion thereof from any case whatsoever. In the event of any Loss or Damage,Mortgagor shall,'at the option of Lender,repair the affected Property to its previous condition or pay or cause to be paid to Lender the decrease in the fair market value of the affected Property. 13. INSURANCE.The Property will be kept insured for its full value against all hazards including loss or damage caused by fire,collision,theft or other casualty. Mortgagor may obtain insurance on the Property from such companies as are acceptable to Lender in its sole discretion. The insurance policies shall require the insurance company to provide Lender with at least thirty (30)days'written notice before such policies are altered or cancelled in any manner. The insurance policies shall name Lender as a loss payee and provide that no act or omission of Mortgagor or any other person shall affect the right of Lender to be paid the insurance proceeds pertaining to the loss or damage of the Property. In the event Mortgagor fails to acquire or maintain insurance,Lender(atter providing notice as may be required by law)may in its discretion procure appropriate insurance coverage upon the Property and charge the insurance cost as an advance of principal under the promissory-note. Mortgagor shall furnish Lender with evidence of insurance indicating the required coverage. Lender may act as agent or attomey-in-fact for Mortgagor in making and settling claims under insurance policies,cancelling any policy or endorsing Mortgagor's name on any draft or negotiable instrument drawn by any insurer. In the event of foreclosure of this Mortgage or other transfer of title to the Property in extinguishment of the debt secured hereby,all right,title, and interest of the Mortgagor in and to the proceeds for any loss and to • • any insurance policies then in force shall pass to the purchaser or grantee, regardless of whether or not there is a deficiency judgment after foreclosure sale or nonjudicial foreclosure. 14. ZONING AND PRIVATE COVENANTS.Mortgagor shall not initiate or consent to any change in the zoning provisions or private covenants affecting the use of the Property without Lender's prior written consent If Mortgagor's use of the Property becomes.a nonconforming use under any zoning provision, Mortgagor shall not cause or permit such use to be discontinued or abandoned without the prior written consent of Lender. Mortgagor will immediately provide Lender with written notice of any proposed changes to the zoning provisions or private covenants affecting the Property. 15. CONDEMNATION. Mortgagor shall immediately provide Lender with written notice of any actual or threatened condemnation or eminent domain proceeding pertaining to the Property. All monies payable to Mortgagor from such condemnation or taking are hereby assigned to Lender and shall be applied first to the payment of Lender's attorneys'fees,legal expenses and other costs(including appraisal fees)in connection with the condemnation or eminent domain proceedings and then,at the option of Lender,to the payment of the Obligations or the restoration or repair of the Property. 16. LENDER'S RIGHT TO COMMENCE OR DEFEND LEGAL ACTIONS. Mortgagor shall immediately provide Lender with written notice of any actual or threatened action, suit,or other proceeding affecting the Property. Mortgagor hereby appoints Lender as its agent or attomey-in-fact to commence, intervene in,and defend such actions,suits,or other legal proceedings and to compromise or settle any claim or controversy pertaining thereto. Lender shall not be liable to Mortgagor for any action, error,mistake,omission or delay pertaining to the actions described in this paragraph or any damages resulting therefrom. Nothing contained herein will prevent Lender from taking the actions described in this paragraph in its own name. Mortgagor shall cooperate and assist Lender in any action hereunder. 17. INDEMNIFICATION. Lender shall not assume or be responsible for the performance of any of Mortgagor's Obligations with respect to the Property under any circumstances. Mortgagor shall immediately provide Lender and its shareholders,directors,officers,employees and agents with written notice of and indemnify and hold Lender harmless from all claims,damages, liabilities (including attomeys'fees and legal expenses),causes of action,actions, suits and other legal proceedings (cumulatively 'Claims") pertaining to the Property(including, but not limited to,those involving Hazardous Materials). O Q Mortgagor, upon the request of Lender,shall hire legal counsel acceptable to Lender to defend Lender from such Claims,and pay the attomeys'fees,legal expenses and other costs incurred in connection therewith. In the alternative, Lender shall be entitled to employ its own legal counsel to defend such C Claims at Mortgagor's cost r!"-"‘ % Mortgagor 18. TAXES AND ASSESSMENTS. shall i._.-�l = pay all taxes and assessments relating to Property when due. Upon the request of Lender, . of L i . Mortgagor shall deposit with Lender a periodic sum in an amount determined by Lender as necessary to pay insurance premiums, taxes and assessments ! _ ? pertaining to the Property.These amounts shall be applied to the payment of taxes,assessments and insurance as required on the Property. I 19. INSPECTION OF PROPERTY,BOOKS,RECORDS AND REPORTS. Mortgagor shall allow Lender or its agents to examine and inspect the Property tyand examine,inspect and make copies of Mortgagor's books and records pertaining to the Property from time to time. Mortgagor shall provide f— any assistance required by Lender for these purposes. All of the signatures and information contained in Mortgagor's books and records shall be genuine, O t; true,accurate and complete in all respects. Mortgagor shall note the existence of Lender's beneficial interest in its books and records pertaining to the p U r Property. Additionally, Mortgagor shall report, in a form satisfactory to Lender, such information as Lender may request regarding Mortgagor's financial • ,r- - condition or the Property. The information shall be for such periods, shall reflect Mortgagor's records at such time, and shall be rendered with such 0 frequency as Lender may designate. All information furnished by Mortgagor to Lender shall be true,accurate and complete in all respects. c r C'J 20. ESTOPPEL CERTIFICATES. Within ten (10)days after any request by Lender,Mortgagor shall deliver to Lender, or any intended transferee of • Lender's rights with respect to the Obligations, a signed and acknowledged statement specifying (a)the outstanding balance on the Obligations; and(b) whether Mortgagor possesses any claims, defenses, set-offs or counterclaims with respect to the Obligations and, if so, the nature of such claims, defenses,set-offs or counterclaims. Mortgagor will be conclusively bound by any representation that Lender may make to the intended transferee with respect to these matters in the event that Mortgagor fails to provide the requested statement in a timely manner. . 21. DEFAULT. Mortgagor shall be in default under this Mortgage in the event that Mortgagor, Borrower or any Guarantor of any Obligation: (a) fats to pay any Obligation to Lender when due; (b) fails to perform any Obligation or breaches any warranty or covenant to Lender contained in this Mortgage or any other present or-future written agreement; (c) allows the Property to be damaged,destroyed,lost or stolen in any material respect; (d) seeks to revoke,terminate or otherwise limit its liability under any guaranty to Lender; • (e) allow the Property to be used by anyone to transport or store goods the possession,transportation,or use of which,is illegal;or • (f) causes Lender,in good faith,to believe the prospect of payment or performance is impaired. Any of the foregoing shall constitute a default that materially impairs the condition, value,or the Lender's right in the Property, and shall evidence a material impairment of the Borrower's prospect of paying the Obligations. If a court should determine that one or more of the above do not constitute a default under the Iowa Consumer Credit Code,Mortgagor agrees that reinstatement of the Obligations shall be Mortgagor's sole-remedy and Mortgagor shall not be entitled to any damages by reason of Lender's exercise of any of its remedies herein. 22. RIGHTS OF LENDER ON DEFAULT. If there is a default under this Mortgage, Lender shall be entitled to exercise one or more of the following remedies without notice or demand(except as required by law): (a) to declare the Obligations immediately due and payable in full; (b) to collect the outstanding Obligations with or without resorting to judicial process; (c) to require Mortgagor to deliver and make available to Lender any personal property constituting the Property at a place reasonably convenient to Mortgagor and Lender, (d) to take immediate possession,management and control of the Property without seeking the appointment of a receiver; (e) to collect all of the rents,issues,and profits from the Property from the date of default through the expiration of the last redemption period following the foreclosure of this Mortgage; 000588 • LP.IA5D1©ForrnAiion Techndogies,inc.17/19195)Ie001 937-3799 receiver for the Propetty without regard' tortgagor's financial condition or solvency,the an: icy of the Property to secure the payment or performance of the Obligations, or the e:. ,nce of any w-'"to the Property;and Mortgagor w .5 Mortgagor's right to posse-'•t,statutory or otherwise,and the right to challenge the appointment of a• • fg) to foreclose this Mortgage by judicial proceedings or,unless prohibited by law,by applicable nonjudicial proceedings; (h) to set-off Mortgagor's Obligations against any amounts due to Lender including, but not limited to, monies, instruments, and deposit accounts maintained with Lender;and () to exercise all other rights available to Lender under any other written agreement or applicable law. Lender's rights are cumulative and may be exercised together, separately,and in any order. In the event that Lender institutes an action seeking the recovery of any of the Property by way of a prejudgment remedy in an action against Mortgagor, Mortgagor waives the posting of any bond which might .otherwise be required. 23. REDEMPTION PERIOD. Mortgagor hereby agrees that in the event of judicial foreclosure of this Mortgage, Lender may,at its sole option, elect: (a) Pursuant to Iowa Code§628.26 as now enacted or hereafter modified, amended or replaced, to reduce the period of redemption atter sale on foreclosure to six months,or ' (b) Pursuant to Iowa Code§628.27 as now enacted or hereafter modified, amended or replaced, to reduce the period of redemption after sale on foreclosure to sixty days,or (c) Pursuant to Iowa Code§628.28 as now enacted or hereafter modified, amended or replaced, or any other Iowa Code Section,to reduce the period of redemption after sale on foreclosure to such time as may be then applicable and provided by law,or (d) Pursuant to Iowa Code §654.20 as now enacted or hereafter modified,amended or replaced,to foreclose without redemption. 24. WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS. Mortgagor hereby waives all homestead or other exemptions to which Mortgagor would otherwise be entitled under any applicable law and waives all rights of dower and distributive share in the Property. 25. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Upon demand, Mortgagor shall immediately reimburse Lender for all amounts (except attorneys'fees and legal expenses)expended by Lender in the performance of any action required to be taken by Mortgagor or the exercise of any right or remedy of Lender under this Mortgage, together with interest thereon at the lower of the highest rate described in any Obligation or the highest rate allowed by law from the date of payment until the date of reimbursement. These sums shall be included in the definition of Obligations herein and shall be secured by the interest granted herein. 26. APPUCATION OF PAYMENTS. All payments made by or on behalf of Mortgagor may be applied against the amounts paid by Lender(except attorneys'fees and legal expenses)in connection with the exercise of its rights or remedies described in this Mortgage and then to the payment of the remaining Obligations in whatever order Lender chooses. • 27. POWER OF ATTORNEY. Mortgagor hereby appoints Lender as its agent or attorney-in-fact to endorse Mortgagor's name on all instruments and other documents pertaining to the Obligations. In addition, Lender shall be entitled; but not required, to perform any action or execute any document required to be taken or executed by Mortgagor under this Mortgage. Lender's performance of such action or execution of such documents shall not relieve Mortgagor from any Obligation or cure any default under this Mortgage. The powers of attorney described in this paragraph are coupled with an interest and are irrevocable. Notwithstanding the foregoing, Lender is not entitled to confess judgment on any claim on behalf of Mortgagor. 28. SUBROGATION OF LENDER. Lender shall be subrogated to the rights of the holder of any previous lien, security interest or encumbrance discharged with funds advanced by Lender regardless of whether these liens,security interests or other encumbrances have been released of record. 29. COLLECTION COSTS. If Lender hires an attorney to assist.n collecting any amount due ..raprc,�n right or remedy under this Agreement, Mortgagor a agrees toLender's collection costs,other than attorneys'fees. A� 9 pay i 30. PARTIAL RELEASE. Lender may release its interest in a portion of the Property by execttttrhgva recording'one or�tn EBvartal releases without •affecting its interest in the remaining portion of the Property., 31. MODIFICATION AND WAIVER. The modification or waiver of any of Mortgagor's Obligations or Lender's rights under this Mortgage must be contained in a writing signed by Lender. Lender may perform any of Mortgagor's Obligations or delay or fail to exercise any of its rights without causing a waiver of those Obligations or rights. A waiver on one occasion shall not constitute a waiver on any other occasion. Mortgagor's Obligations under this Mortgage shall not be affected if Lender amends, compromises, exchanges,fails to exercise,impairs or releases any of the Obligations belonging to any Mortgagor,third party or any of its rights against any Mortgagor,third party or the Property. • 32. SUCCESSORS AND ASSIGNS. This Mortgage shall be binding upon and inure to the benefit of Mortgagor and Lender and their respective successors,assigns,trustees,receivers,administrators,personal representatives,legatees and devisees. 33. NOTICES. Any notice or other communication to be provided under this Mortgage shall be in witting and sent to the parties at the addresses described in this Mortgage or such other address as the parties may designate in writing from time to time. 34. SEVERABILITY. If any provision of this Mortgage violates the law or is unenforceable, the rest of the Mortgage shall continue to be valid and enforceable. 35. APPLICABLE LAW.This Mortgage shall be governed by the laws of the state in which the property is located. • 36. MISCELLANEOUS. Mortgagor and Lender agree that time is of the essence. Mortgagor waives presentment, demand for payment, notice of dishonor and protest except as required by taw. All references to Mortgagor in this Mortgage shall include all persons signing below. If there is more than one Mortgagor, their Obligations shall be joint and several. This Mortgage and any related documents represent the complete integrated understanding O c� between Mortgagor and Lender pertaining to the terms and conditions of those documents. 'c-- �C� o 37. ADDfT10NALTERMS. ^�K C—) co • 1,0 CD NOTICE TO CONSUMER: 1. DO NOT SIGN THIS PAPER BEFOREYOU READ IT. 2. YOU ARE ENTITLED TO A COPY OF THIS PAPER.3. YOU MAY PREPAY THE UNPAID BALANCE AT ANY TIME WITHOUT PENALTY AND MAY BE ENTITLED TO RECEIVE A REFUND OF UNEARNED CHARGES IN ACCORDANCE WITH LAW. 4. IF YOU PREPAYTHE UNPAID BALANCE,YOU MAY HAVE TO PAY A MINIMUM CHARGE NOT GREATERTHAN SEVEN DOLLARS AND FIFTY CENTS($7.50). Mortgagor acknowledges that Mortgagor has read, understands, and agrees to the terms and conditions of this Mortgage, and that Mortgagor has received an exact copy of this Mortgage. Dated: AUGUST 17, 2000 MORTGAGORWAILRLMI _ 13 RIS MORTGAGOR: MORTGAGOR: MORTGAGOR: • 000589 • Page oho LP-IA501 8 FOnnALon Tec nologves,Inc.(7n9/95)18001 937-1199 ❑AGRICULTURALHOMESTEAD..' 'CLOSURE: MORTGAGORUNDERSTA' STHAT HOMESTEAD PROPERTYl' iN MANY 'ES PROTECTED FRS_ _. CLAIMS OF CREDITORS/ EXEMP'1_30M JUDICIAL SALE;AND THAT I.3Y • SIGNING :CONTRACT,MORTGAGOR VOLUNTARILYGIVE, MORTGAGOR'SRIGHT TO THIS PROTEC".ION FOR THIS erROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS CONTRACT. • DATE DATE: MORTGAGOR: MORTGAGOR DATE: DATE: MORTGAGOR: MORTGAGOR: STATE OF ) SS: COUNTY OF ) On this day of ,before me,the undersigned, a Notary Public in and for said county and state, personally appeared to me personally known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he[she] executed the same as his[her]voluntary act and deed. ,Notary Public in arid for said County and State STATE OF Iowa • ) ) SS: COUNTY OF Johnson 17th August 2000 On this day of ,before me,the undersigned, a Notary Public in and for said county and state, personally appeared Warren M Paris , A Single person to me personally known to be the identical person named in and who executed the within d foregoing instrument, and acknowledged that he[she] executed the same as his[her]voluntary act and deed. _ • pp Mf1LLAV 6,IMISSA ION E)(PIFlES STEVYAAT W i 11 i am A Stewart ,Notary Public 1,ty? , in and for said County and State Commission Expires 8/22/02 sSCF Epi U. The street address of the Property(if applicable)is: 1191 HOTZ AVE •IOWA CITY, IA 52245 The permanent tax identification number of the Property is: The legal description of the Property is: LOT 32, RAPHAEL PLACE ADDITION TO IOWA CITY, IOWA, AS SHOWN ON THE RECORDED PLAT THEREOF. _ N OC7 •<-.. L7 _ C-) 717 —{ 1 f rn ra 1 TTI •--•w r--: • 000590 • 141LLS =-5 1 TSG 7171 r� • 71•4' Ct, - {0 • ,e,v:a•, 4/11-.2. 1P49501 6FannNan Technologies.ke.(7719'95)91001937-3799 Pape 4 of 4 iriiials • Hills Bank Main Bank, Hills, Iowa •319-679-2291 and Trust Company • March 18, 2004 NOTICE OF RIGHT TO CURE DEFAULT (Sent Certified and Regular Mail) TO: WARREN M PARIS 1191 HOTZ AVE IOWA CITY IA 52245 Warren: This letter provides notice of your right to cure the default under a promissory note#4766523 dated August 22, 2000, with a current principal balance of$9,336.10 that is secured by a real estate mortgage on the property at 1191 HOTZ AVE., IOWA CITY, IA as legally described under said mortgage. This default consists of the failure to make the following payments: Payment of$74.24 due on February 2,2004 and $515.24 due on March 2, 2004. You have the right to cure this default by April 20, 2004. You do so by bringing the payments current on this loan. You must pay the Total Amount Past Due of$589.48 plus the next scheduled payment of$515.24 due on April 2, 2004, for a grand total of$1,104.72 by April 20,2004. Payments can be made to any of our offices in Iowa City, Coralville, North Liberty, Lisbon,Mt. Vernon, Cedar Rapids, Marion,Kalona or Hills. This letter is notice to you that Hills Bank and Trust Company requires you to cure this default by April 20, 2004. If you do not,the Bank can then proceed to enforce its right to foreclose on the mortgage covering this property. Enclosed for your reference is Iowa Code section 654.2D (see sub-section 3-7)which sets forth your right to cure. We recommend you contact your attorney. Iowa law may give you the right to counseling services. Here are some nearby agencies that may be able to help: Hawkeye Area Community Action Program, Inc. Family Management Credit Counselors,Inc. 1328 2nd Ave SE 1409 W 4th Street Cedar Rapids IA 52 406-0789 Waterloo IA 50702-2907 Ph 319 366-7631 Ph 319 234-6695 Muscatine's Center for Strategic Action Services for Homeowners Program 312 Iowa Avenue 602 E 15`Street Muscatine IA 52761-0618 Des Moines IA 50309-1812 Ph 563-264-3278 Ph 515-283-4787 Or feel free to call HUD toll free @ 800-569-4287. c.- c=3. D n C7 —i 1 co rn Dan Widmer - Collections Coordinator a 1/40 EXHIBIT "F-," ) p ,/, Hills • Iowa City • Coralville • North Liberty • Cedar Rapids • Lisbon • Mount Vernon • Kalona • Marion www.hillsbank.com 1-800-445-5725 Main Bank, Hills, Iowa •319-679-2291 654.2 iA i.•: ��I URAL LAND -- NOTICE,RIGHT TO CURE DEFAULT and rust ompany 1. Except as provided in section 654.2A, a creditor shall comply with this section before initiating an action pursuant to this chapter or initiating the procedure established pursuant to chapter 655A to foreclose on a deed of trust or mortgage. 2. A creditor who believes in good faith that a borrower on a deed of trust or mortgage on a homestead is in default shall give the borrower a notice of right to cure as provided in section 654.2B. A creditor gives the notice when the creditor delivers the notice to the consumer or mails the notice to the borrower's residence as defined in section 537.1201, sub-section 4. 3. The borrower has a right to cure the default within thirty days from the date the creditor gives the notice. 4. a. The creditor shall not accelerate the maturity of the unpaid balance of the obligation,demand or otherwise take possession of the land, otherwise than by accepting a voluntary surrender of it, or otherwise attempt to enforce the obligation until thirty days after a proper notice of right to cure is given. b. Until the expiration of thirty days after notice is given,the borrower may cure the default by tendering either the amount of all unpaid installments due at the time of tender,without acceleration, or the amount stated in the notice of right to cure, whichever is less, or by tendering any other performance necessary to cure a default which is described in the notice of right to cure. 5. The act of curing a default restores to the borrower the borrower's rights under the obligation and the deed of trust or mortgage. 6. This section does not prohibit the creditor from enforcing the creditor's interest in the land at any time after the creditor has complied with this section and the borrower did not cure the alleged default. 7. A borrower has a right to cure the default unless the creditor has given the borrower a proper notice of right to cure with respect to a prior default which occurred within three hundred sixty-five days of the present default. 8. This section does not apply if the creditor is an individual or individuals, or if the mortgaged property is property other than a one-family or two-family dwelling which is the residence of the mortgagor. 9. An affidavit signed by an officer of the creditor that the creditor has complied with this section is deemed to be conclusive evidence of compliance by all persons other than the creditor and the mortgagor. 87 Acts, ch 142, § 14 0 r.= d a n -77 ccs fl- 1-17 a 71 D Hills • Iowa City • Coralville • North Liberty • Cedar Rapids • Lisbon • Mount Vernon • Kalona • Marion www.hillsbank.corn 1-800-445-5725 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY HILLS BANK AND TRUST COMPANY, ) NO. EQCV p Co 5 l ' Plaintiff, ) ) vs. ) ) WARREN M. PARIS, d/b/a Paris Concepts,) UNITED STATES OF AMERICA, for and ) on behalf of the INTERNAL REVENUE ) AFFIDAVIT RE ATTORNEY'S FEES SERVICE, ERIC HENRY BLOMME, ) ERIN MARIE FARRIER, DAVE ) HOMEWOOD & HEIDI WOLF ) *•� HOMEWOOD,H & R ACCOUNTS,INC., ) .4- r CITY OF IOWA CITY and SCOTT ) >n co HARWICK and DARLA HARWICK, ) n -- _ ) Defendants. ) m 0-`' STATE OF IOWA ) *7\-- >7 ss. COUNTY OF LINN ) I,H. Raymond Terpstra II,being first duly sworn on oath, depose and state: That I am the attorney for the Plaintiff in'the foregoing cause of action and that, as part of the cause of action herein,there is a claim for attorney fees pursuant to the note between the Plaintiff and Defendants. That,pursuant to Iowa Code§625.24,there has been and is no agreement between me as an attorney for the Plaintiff and Plaintiff,express or implied,nor between myself and any other person except practicing attorneys engaged with me as attorney in this cause,for any division or sharing of the fee to be taxed. When said fee is taxed,it shall only be in favor of me as a regular attorney and as compensation for services actually rendered in this action. That Defendant Warren M.Paris has had,to the best of my information and belief,notice and reasonable opportunity to pay the sums due the Plaintiff and as alleged in the Plaintiff's Petition in Equity for Foreclosure to which this Affidavit is attached. Further, Affiant saith not. EXHIBIT "c," fop Dated this > day of October, 2004. Respectfully submitted, 'aymond Te . i a II LI0005486 TERPSTRA, EPPING&WILLETT 118 Third Avenue S.E., Suite 500 Cedar Rapids, IA 52401-1424 Telephone: (319) 364-2467 Fax: (319) 364-0923 Attorney for Plaintiff Subscribed and sworn to before me by H. Raymond Terpstra II this jjday of October, 2004. p-MARY J. KLINGLER P�AL S 100654 Notary Pub is in an r to of Io o COMMISSION NO. •IRES MY commisSI. ,/ loWP N o g 0 CD >-1 c-7 _Ti �-` - -= !r. co Ti 1 , 3,T - ^ \_� > o up 2 END OF CASE FILE JOHNSON COUNTY SHERIFF' S DEPARTMENT P.O. BOX 2540 IOWA CITY, IA 52244-2540 DATE: 04/01/04 ***** PROCESS SERVERS WORKSHEET ***** CP#: 000020042102 DOCKET: OOLACV064658 AGENCY: 000020042102 PLTF: FAKOOR-SEVVOM, FATEMEH PROCESS TYPE : ORIGINAL NOTICE VS. PETITION DFND: IOWA CITY, CITY OF DEMAND FOR JURY AOR: 0000371 SPIES, LEON F AOR PHONE: 3193374193 COURT OF ORIGIN: JOHNSON CO CP#/PARTY : 000020042102-01 DATE ASSIGNED: 04/01/04 SERVER: 00001 UNASSIGNED SERVER ENTRY SERVE BY: 00/00/00 DATE: L\ ' \ - 0r4 S TIME: t s46 AM/PM HAZARDS: SERVICE TYPE: C,:c V Gpver 1 PARTY: IOWA CITY, CITY OF : 410 E WASHINGTON ST BY SERVING: a�1A an /Coo-r L.14•4 C/O CITY CLERK IOWA CITY IA RACE: HEIGHT: RACE: VL HEIGHT: WEIGHT: SEX: 'Pp WEIGHT: SEX: _ \^ Fl HAIR: EYES : HAIR: 6g0 EYES : DOB: 00/00/00 SSN: DOB: PHONE: SERVED AT: EMPLOYER: \ etuiag4rk/9/794s1 VEHICLE: YEAR: MAKE: MILEAGE SERV FEE: MODEL: LIC PLATE: STATE: MISC1 MISC2 DESCRIPTION: COMMENTS: C/O CITY CLERK # DATE TIME SERVR REASON C7 s 1 .17 n-{ `' 2 SIGNATURE DATE 11-7 M 3 O • TITLE " ry 4 w N 5 I IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON COUNTY FATEMEH FAKOOR-SEVVOM, ) Plaintif ) Law Number j, qb 58o gg 0 v. ) o-c ) ORIGINAL NOTICE n CITY OF IOWA CITY, IOWA, ) Al Defendant. N TO THE ABOVE-NAMED DEFENDANT, CITY OF IOWA CITY, IOWA: You are 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 Demand for Jury Trial are attached to this notice. The attorney for the Plaintiff(s)is Leon F. Spies,whose address is 102 S. Clinton Street, Suite 411, Iowa City, Iowa 52240. That attorney's telephone number is 319-337-4193; facsimile number 319-337-2396. You must serve a motion or answer within twenty(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. 100. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942). LODEMA BERKLEY C _ r, f W C9912_, e4,j-e._......"--- � l CI i THE ABOVE COURT Johnson County Courthouse Iowa City, Iowa IMPORTANT YOU ARE ADVISED TO SEFK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON COUNTY FATEMEH FAKOOR-SEWOM, ) ) Plaintiff, ) Law Number 1-A- C(JO 4,y b Sf' ) v. ) PETITION AT LAW CITY OF IOWA CITY, IOWA ) AND JURY DEMAND J -11; Defendant. .1 • Plaintiff, for cause of action against the Defendant, states as follows: - 1. Plaintiff Fatemeh Fakoor-Sevvom is an adult resident of Iowa City, Johnson County, Iowa. 2. The City of Iowa City is a municipality in Johnson County, Iowa, and at all times material to this action employed Albert Wagner, a resident of West Branch, Iowa. 3. On April 3, 2002, Plaintiff was a passenger in an automobile being driven westbound on Bradford Street approaching its intersection with First Avenue in Iowa City, Johnson County, Iowa. 4. On the same date, Defendant's employee Albert Wagner was driving a pickup owned by and operated with the consent of the City of Iowa City, Iowa, directly behind the automobile occupied by Plaintiff. 5. At about 8:00 a.m. on April 3, 2002, Defendant's employee Albert Wagner drove the pickup truck into the rear of the automobile occupied by the Plaintiff, resulting in the injuries J q and damages more particularly described below. 0 6. At the time and place described above, Defendant's employee Albert•_`W.agner yeas neglect in one or more of the following particulars: j 1�7 `✓J .) a. In failing to maintain a proper lookout; b. In failing to maintain control of his vehicle, in violation of§ 321.281 of the Iowa Code; c. In failing to stop in the assured clear distance ahead, in violation of § 321.285 of the Iowa Code; d. In traveling too fast for conditions, in violation of§ 321.285 of the Iowa Code. 6. The negligence of Defendant's employee Albert Wagner was a proximate cause of the collision described above, and of the injuries and damages described below. 7. As a result of the negligence of Defendant's employee Albert Wagner, Plaintiff Fatemeh Fakoor-Sevvom has been injured and damaged as follows: a. She has suffered personal injuries and been forced to incur doctor, medical and rehabilitation expenses for the treatment of her injuries; b. She has suffered and will in the future suffer loss of earning and earning capacity by a reason of her injuries; c. She has suffered sustained physical and mental pain and discomfort; d. She will be forced to incur further doctor, medical, and rehabilitation expenses for the treatment of her injuries and will be forced to endure further substantial pain, discomfort and permanent disability. S. Pursuant to Rule 1.902 Iowa Rules of Civil Procedure, Plaintiff demands that all issues in this case be tried to a jury. WHEREFORE, the Plaintiff prays for judgment against the Defendant for damages in an amount deemed reasonable by the Court or jury, for interest at the legal rate, and for the costs of this action. Plaintiff further states that the amount of damages sought exceeds the jurisdictional amount in §631.1(1) of the Iowa Code. -, ti . ON F. %PIES AIN: 000005209 Attorney sr P1.: tiff 102 S. Clinton Street, Suite 411 Iowa City, IA 52240 Phone(319) 337-4193 Fax(319) 337-2396 1'C7 G3 N END OF CASE FILE JOHNSON COUNTY SHERIFF ' S DEPARTMENT P.O. BOX 2540 IOWA CITY, IA 52244-2540 DATE : 09/22/04 ***** PROCESS SERVERS WORKSHEET ***** CP# : 000020046436 DOCKET: OOLACV065085 AGENCY( 000320046436 PLTF: ARLINGTON DEVELOPMENT, INC PROCESS TYPE : ORIGINAL NOCE`- VS . PETITION - i1 DFND: BOCKENSTEDT EXCAVATING, IN o AOR: 0000252 FOSTER,DAVIS AOR PHONE: 3193397727 COURT OF ORIGIN: JOHNSON CO CP#/PARTY : 000020046436-02 DATE ASSIGNED: 09/22/04 SERVER: 00001 UNASSIGNED 5� SERVER ENTRY SERVE BY: 00/00/00 DATE: l' • TIME: 0 l 5 AM/PM HAZARDS : SERVICE TYPE: PARTY: IOWA CITY, CITY OF Q . Qk,.c : 410 E WASHINGTON ST BY SERVING: AR t ' la_tn.cr) IOWA CITY IA RACE: HEIGHT: RACE : Li HEIGHT: WEIGHT: SEX: WEIGHT: SEX: l HAIR: EYES : HAIR: EYES : DOB: 00/00/00 SSN: DOB: PHONE : SERVED AT: �f EMPLOYER: // t0 E vv-% V t VEHICLE: YEAR: MAKE: MILEAGEt 0� SERV FEE: MODEL: LIC PLATE: STATE: MISC1 MISC2 DESCRIPTION: COMMENTS : # DATE TIME SERVR REASON 1 2 SIGNATURE DATE 3 TITLE 4 5 '7rtG��C ,s .,_I. 1 • IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY ARLINGTON DEVELOPMENT, INC. ) *0 cn EIN#: 42-1495902 ) >--, --n Plaintiff, ) No. LACV D 6 SD 8' s- r, N — ORIGINAL NOTICE fir. o CITY OF IOWA CITY, IOWA, and ) y BOCKENST ED T EXCAVATING, INC., ) J ) Defendants. ) TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that there is now on file in the office of the Clerk of the above Court, a Petition at Law and Jury Demand in the above-entitled action, a copy of which Petition at Law and Jury Demand are attached hereto. The Plaintiffs attorney is Davis L. Foster, 720 S. Dubuque Street,P.O. Box 720, Iowa City, Iowa 52244, (319) 339-7727. You are further notified.that unless you appear thereto and defend in the Iowa District Court for Johnson County, Iowa, at the county courthouse in Iowa City, Iowa, within twenty(20) days.after the service of this Original Notice upon you,judgment by default will be rendered against you for the relief demanded in the Petition at Law and Jury Demand. (Seal) LODEMA BERKLEY 4frOaik_l_246..F THE ABOVE COURT Johnson County Courthouse Iowa City, Iowa 52240 NOTE: Persons named as Defendants is told to"appear thereto and defend." These words are not always understood. The required appearance may be made either by the Defendant or by Defendant's attorneys. IT IS NECESSARY TO SERVE AND FILE A SPECIAL APPEARANCE,MOTION OR PLEADING TO PREVENT A DEFAULT(Rule 87). The attorneys who are expected to•appear for the Defendants should be promptly advised by Defendants of the service of this notice. If-you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at 319-398-3920. Ext.ii-ee-(If you are hearing impaired,call Relay Iowa TTY at 11800-735-2942). (d) • IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY ARLINGTON DEVELOPMENT, INC. ) EIN#: 42-1495902 ) Plaintiff, ) No. LACV 0 6 SO r v. ) PETITION AT LAW AND JURY DEMAND CITY OF IOWA CITY, IOWA, and ) BOCKENSTEDT EXCAVATING, INC., ) Defendants. ) COMES NOW Plaintiff Arlington Development, Inc., by and throt_igti its c;tii.insc�l -11 Davis L. Foster, for its Petition at Law and Jury Demand, states as follows: :, E 1. Plaintiff Arlington Development, Inc. ("Arlington DevelopmeriV') is A I ti • ti corporation with the principal place of business in Johnson County, Iowa 2. Defendant City of Iowa City, Iowa ("Iowa City") is a municipal corporation organized pursuant to Iowa Code Chapter 372. 3. Defendant Bockenstedt Excavating, Inc. ("Bockenstedt") an Iowa corporation with its principal place of business in Johnson County, Iowa. FACTS COMMON TO ALL COUNTS 4. Arlington Development is the owner of two condominium duplex units located on Broadmoor Lane in Iowa City, Johnson County, Iowa and legally described as follows: :> m Units 29-D and 30-D, Mayfield Condominiums, according to the Declaration thereof recorded in Book 3468 at Page 74 of the records.of Johnson County, Iowa. ;: `:73 hereinafter the "Real Estate" —' 5. In 2002, Arlington Development hired Bockenstedt to construct an eight inch domestic water main in the right of way adjacent to the Real Estate. 6. On April 21 , 2004, Iowa City installed a two inch piece saddle for the purpose of tapping the main water line to connect to a new one inch branch line to serve the Real Estate. 7. As the hole was being drilled and punched through the wall of the pipe, the pipe shattered near the installed pipe saddle. The water main flooded the trench with water, which flowed to and under the foundation before the primary water main was isolated with shut off valves. r_, 8. As a result of the water line breaking, Arlington Developmenqa. su#ffred n N damages. w COUNT I - NEGLIGENCEo 0 9. Defendants Iowa City and Bockenstedt owed duties )o Arlington Development to perform their services with the skill, prudence, and diligence meeting the standards of knowledge and skill. 10. In performing their respective duties, Iowa City and Bockenstedt were negligent. 11. As a proximate cause of the negligent conduct of Iowa City and Bockenstedt, Arlington Development suffered damages in an amount exceeding the jurisdictional requirements of Iowa Code Section 631.1 and Iowa Rule of Appellate Procedure 6.3. 12. Iowa City is liable to Arlington Development pursuant to Iowa Code Section 670.2. WHEREFORE Plaintiff Arlington Development respectfully requests the Court enter judgment in its favor and against Iowa City and Bockenstedt Excavating, jointly and severally, in an amount to be proven at trial, plus interest as provided by law and costs of this action, and such further relief as the Court deems just and appropriate. COUNT II- BREACH OF CONTRACT 13. All previous allegations are incorporated herein. 14. Arlington Development fully performed all of its obligations under its agreement with Bockenstedt. 15. Bockenstedt breached its agreement with Arlington Development by failing to provide services with a care and skill expected under the contract which caused damage and detriment to Arlington Development in an amount exceeding the jurisdictional requirements of Iowa Code Section 631.1 and Iowa Rule of Appellate Procedure 6.3. WHEREFORE Plaintiff Arlington Development respectfully requests the Court enter judgment in its favor and against Bockenstedt Excavating in an amount to be proven at trial, plus interest as provided by law and costs of this action, and such further relief as the Court deems just and appropriate. JURY DEMAND Pursuant to Iowa Rules of Civil Procedure 1.902 and 1.903, Plaintiff demands a trial by jury on all issues so triable. O rn C7-`' ry `� rn �. 533 o `1 D — FOSTER LAW OFFICE By: at_ - ` . 111111. Davis L. Foster 000001608 720 S. Dubuque Street, Suite 1 P.O. Box 720 Iowa City, IA 52244-0720 Phone: (319) 339-7727 Fax: (319) 339-7712 Email: dfoster(a�fosterlaw.com Attorney for Plaintiff 0:17a2501.doc O �' n N �0 m END OF CASE FILE