Loading...
HomeMy WebLinkAbout2015 Lawsuits CIVIL PROCESS WORKSHEET JOHNSON COUNTY SHERIFFS OFFICE • PO BOX 2540, 511 S CAPITOL ST, IOWA CITY, IA 52244-2540 •(319) 356-6030 PLAINTIFF: BANK OF NEW YORK MELLON Docket No 15-01567 ` State IOWA vs Court No EQCV077259 County JOHNSON DEFENDANT: BRENNEMAN, DAWN R Ref No 50007.329-BAY Received ,05/04/2015 DEFENDANT: BRENNEMAN, PATRICK D DEFENDANT: CITY OF IOWA CITY DEFENDANT: VILLAGE GREEN HOMEOWNERS f DEFENDANT BRIARWOOD HEALTHCARE CENT! Requestor(s) Phone © u, CUNNINGHAM,MICHAEL J (515) 278-4200 A 2830 100TH ST STE 106, URBANDALE, IA 50322 Name CITY OF IOWA CITY Zone Party Type DEFENDANT Phone (319) 356-5030 Cell • (M Address 410 E WASHINGTON ST Fax Ofc ' tV IOWA CITY 34588 52240- E-Mail Employer Comments C/O CITY CLERK Documents Document Serve by Date OE PSR Description/Special Instructions MORTGAGE MEDIATION NOTICE - ORIGINAL NOTICE AND ❑ ❑ I PETITION - - Service Information Date ,` Time \ \'1 1 0 Type L C--)Q Party i` r 1O(1f (A}^ ) G f r- Relationship CA-`{ C \ Qs/ Race Sex r DOB Location \ D dN � h, ��(� PO Miles Fee Officer UUU Attempts Log Date lime Server Notes Date Time Server Notes Nctes. C c_ vtdt..; H ro -T c vtn ICU a fKc�s Printed: Monday, May 04, 2015 Johnson County Sheriffs Office Page 1 of 1 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY THE BANK OF NEW YORK MELLON EQUITY NO. FICA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED "' acs CERTIFICATES, SERIES 2005-BC4 n� =� Plaintiff r vs. ORIGINAL NOTICE - $ PATRICK D. BRENNEMAN and DAWN R. r>..' BRENNEMAN,husband and wife; CITY OF IOWA CITY; GREENWOOD MANOR; VILLAGE GREEN HOMEOWNERS ASSOCIATION; and UNITED STATES OF AMERICA ACTING THROUGH THE INTERNAL REVENUE SERVICE Defendants TO THE ABOVE-NAMED DEFENDANTS: Patrick D. Brenneman City of Iowa City Greenwood Manor Dawn R. Brenneman c/o City Clerk do Any Officer 1132 Village Farm Ct. 410 E. Washington St. 605 Greenwood Dr. Iowa City, IA 52240 Iowa City, IA 52240 Iowa City, IA 52246 Village Green Homeowners Association do C Joseph Holland 300 Brewery Squae 123 N. Linn St. Iowa City, IA United States of America acting through the Internal Revenue Service do Attorney General & Robert F. Kennedy Bldg. 2"Floor Hoover State Office Bldg. 10th St&Constitution Ave NW Suite 5137 1305 E Walnut St. Washington, DC 20530 Des Moines, IA 50319 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 (any documents filed with it) is attached to this notice. The attorney for the plaintiff(s)is Cunningham&Kelso, P.L.L.C.,whose address is 2830100`'Street, Suite 106,Urbandale, Iowa,50322. That attorney's phone number is 515-278-4200; facsimile number 515-278-4655. You are further notified that the above case has been filed in a county that utilizes electronic filing. Unless,within 20 days after service of this original notice upon you,you serve, and within a reasonable time thereafter file a motion or answer, in the Iowa District Court for Johnson County, at the courthouse in Iowa City,Iowa,judgment by default will be rendered against you for the relief demanded in the petition. Please see Iowa Court Rules Chapter 16 for information on electronic filing and Iowa Court Rules Chapter 16,division VI regarding the protection of personal information in court filings. If you need assistance to participate in court due to a disability,call the disability coordinator at 319-398-3920 ext 1105 Persons who are hearing or speech impaired may call Relay Iowa T"TY (1-800-735-2942). Disability coordinators cannot provide legal advice. (SEAL) IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. N o n s7- >-"1 --C ..n= C).< =in r m rn m STATE OF IOWA JUDICIARY Case No. EQCV077259 County Johnson Case Title THE BANK OF NEW YORK VS. BRENNEMAN THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING. Therefore,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless you obtain an exemption from the court,you must file your Appearance and Answer electronically. You must register through the Iowa Judicial Branch website at http:/lwww.iowacourts.state.ia.us/Efile and obtain a log in and password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court. FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING,REFER TO THE IOWA COURT RULES CHAPTER 16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM: http://www.iowacourts.state.ia.us/Efile FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS,REFER TO DIVISION VI OF IOWA COURT RULES CHAPTER 16:http://www.iowacourts.state.ia.us/Efile Scheduled Heating: If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district ADA coordinator at (319)398-3920 . (If you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942.) Date Issued 04/30/2015 01:00:44 PM Pv r �W tib/ i i c J � xn" f`' fV ,_,. _T ~ District Clerk of Johnson County /s/Wendy Lonngren E-FILED 2015 APR 30 12:09 PM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY THE BANK OF NEW YORK MELLON EQUITY NO. FICA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS,INC.,ASSET-BACKED CERTIFICATES, SERIES 2005-BC4 Plaintiff 1 vs. FORECLOSURE PETITIOM-<, .. (�"'u' PATRICK D. BRENNEMAN and DAWN R. .�t[�"' r BRENNEMAN,husband and wife; CITY OF t7 IOWA CITY; GREENWOOD MANOR; *� VILLAGE GREEN HOMEOWNERS -- ASSOCIATION;and UNITED STATES OF AMERICA ACTING THROUGH THE INTERNAL REVENUE SERVICE Defendants NOTICE THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND,THE SALE WILL BE DELAYED UNTIL SIX MONTHS FROM ENTRY OF A 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. IF YOU DO NOT FILE A WRITTEN DEMAND TO DELAY THE SALE AND IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING,THEN A DEFICIENCY JUDGMENT WILL NOT BE ENTERED AGAINST YOU. IF YOU DO FILE A WRITTEN DEMAND TO DELAY THE SALE,THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU IF THE PROCEEDS FROM THE SALE OF THE MORTGAGED PROPERTY ARE INSUFFICIENT TO SATISFY THE AMOUNT OF THE MORTGAGE DEBT AND COSTS. IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS NOT A ONE-FAMILY OR TWO-FAMILY DWELLING,THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU WHETHER OR NOT YOU FILE A WRITTEN E-FILED 2015 APR 30 12:09 PM JOHNSON - CLERK OF DISTRICT COURT DEMAND TO DELAY THE SALE. COMES NOW the Plaintiff The Bank of New York Mellon fka The Bank of Now York as Trustee for the Benefit of the Certificateholders of the CWABS Inc.,Asset-Backed Certificates, Series 2005-BC4 and respectfully states to the Court the following as its cause of action against the Defendants. 1. The Plaintiff,The Bank of New York Mellon fka The Bank of New York as Trustee for the Benefit of the Certificateholders of the CWABS Inc.,Asset-Backed Certificates, Series 2005-BC4, elects to foreclose without redemption pursuant to Iowa Code Section 654.20. The mortgaged property the subject of this action is not used for an agricultural purpose. The mortgaged property is a one-family or two-family dwelling. 2. The Plaintiff,The Bank of New York Mellon fka The Bank of New York as Trustee for the Benefit of the Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2005-BC4, is a corporation duly authorized to trans business o `^ in the state of Iowa. M w n � 3. The Defendants Patrick D. Brenneman and Dawn R. Brennemai4ra res`rCdents� Iowa City, Woodbury County,Iowa. a713N CI 4. The Defendants Patrick D. Brenneman; Dawn R. Brenneman; City of Iowa City; Greenwood Manor; Village Green Homeowners Association; and United States of America Acting through the Internal Revenue Service are made a party to this cause of action because they may claim some right,title or interest in the property the subject of this action including but not limited to by reason of their appearance in the chain of title to the property the subject of this cause of action. The E-FILED 2015 APR 30 12:09 PM JOHNSON - CLERK OF DISTRICT COURT Defendants' rights to the property the subject of this action are junior to the Plaintiff. 5, The Defendant, City of Iowa City, is joined as a party to this action because it may claim some right, title or interest in the property which is the subject of this action including but not limited to by a Mortgage recorded January 13, 2008 in Volume 3982,Page 804 of the records of the Woodbury County Recorder. The Defendant's rights to the property the subject of this action are junior to the Plaintiff. 6. The Defendant,Greenwood Manor is joined as a party to this action because it may claim some right, title or interest in the property which is the subject of this action including but not limited to by virtue of a judgment in the case entitled Greenwood Manor vs. Pat Brenneman and Dawn Brenneman, Case No. SCSC6273:g The G? u+ Defendant's rights to the property the subject of this action are jzzt to-3$c f Plaintiff. ="4 r :;<ICI "2 Er3, 7. The Defendant,Village Green Homeowners Association, an to •of ion l joined as a party to this action because it may claim some right, t e or in crest in the property which is the subject of this action including but not limited to by virtue of a lien filed February 24,2011 in Book 4725,Page 373 of the Johnson County Recorder. The Defendant's rights to the property the subject of this action are junior to the Plaintiff. 8. The Defendant, United States of America acting through the Internal Revenue Service is joined as a party to this action because it may claim some right,title or interest in the property which is the subject of this action including but not limited E-FILED 2015 APR 30 12:09 PM JOHNSON -CLERK OF DISTRICT COURT to by virtue of a Notice of Tax Lien filed April 22, 2009 in Book 4424, Page 580 and Notice of Tax Lien filed April 22, 2009 in Book 4424,Page 581. The Defendant's rights to the property the subject of this action are junior to the Plaintiff. 9. On or about February 4, 2005,Defendant Patrick D. Brenneman executed and delivered to Mortgage Electronic Registration Systems,Inc. acting solely as nominee for Intervale Mortgage Corporation, one certain Promissory Note in the principal sum of$136,000.00. A copy of the Note is attached hereto as Exhibit "1"and by this reference incorporated herein. 10. To secure payment of said Note, the Defendants Patrick D. Brenneman and Dawn R. Brenneman executed and delivered to Mortgage Electronic Registration Systems, Inc. acting solely as nominee for Intervale Mortgage Corporation,one certain Mortgage dated February 4,2005 which Mortgage was filed on February 8, 2005 in Book 3842,Page 420-435 in the Johnson County Recorder's Office, upon the following-described real estate, to wit: Lot One Hundred Three(103)in Part VI-Village Green,a _ itiato mIowa City, Iowa, according to the plat thereof recorded inoc 16,Page 8, Plat Records of Johnson County, Iowa 2 < t--- 11. A copy of the Mortgage is attached hereto and marked Exhibit Te nd y thi N reference incorporated herein. 12. Said Mortgage was assigned to Plaintiff pursuant to Assignment recorded August 1, 2008 in Book 4333,Page 154 and Assignment recorded May 16, 2012 in Book 4909, Page 183 in the records of Johnson County Recorder. Said Assignments are attached hereto marked Exhibits"3" and "4"and by this reference incorporated E-FILED 2015 APR 30 12:09 PM JOHNSON -CLERK OF DISTRICT COURT herein. 13. The Mortgage and Note provided that in case of default the holder may declare the entire principal and the interest accrued thereon due and payable and the Mortgage may be foreclosed. 14. The Defendant Patrick D. Brenneman has failed to pay the Note and interest thereon as provided by the terms of the Note. 15. By reason of the failure to pay the Note and interest,the Plaintiff has elected and does hereby elect in accordance with the terms and conditions of the Note and Mortgage to declare the whole of the Note due and payable forthwith and to exercise its right to enforce payment of the entire Note as provided by the Note and to foreclose the Mortgage given to secure the same. 16. The unpaid balance due on the Note after allowing all credits due to the Defendant in the sum of$155,597.48, plus escrow advances of$25,533,86,plus late charges of$1,622.27,plus recoverable advances of$1,819.70 plus accrued interest as of April 1, 2015 in the amount of$80,495.88, with interest continuing to accrue thereon at the rate of 8,625 percent per annum. 17. The Plaintiff is the owner and holder of the Note and Mortgage, due demand has cm been made for payment, and payment has been refused. 18. Under the terms of the Mortgage a receiver may be appointed. 0-4 r- 19. The Plaintiff gave a Notice of Right to Cure and more than thirtywe daahavm ioelapsed since the notice was given. .p, 20. The Plaintiff hereby waives their right to a deficiency judgment. 21. Under the terms of said Note and Mortgage,the Defendants Patrick D. Brenneman E-FILED 2015 APR 30 12:09 PM JOHNSON - CLERK OF DISTRICT COURT and Dawn R. Brenneman agreed to pay reasonable attorney's fees and all costs in connection with the proceeding to enforce or foreclose the Mortgage. Attached hereto as Exhibit"5"and incorporated herein by this reference is an Affidavit of Attorney's Fees as required by Iowa Code § 652.22. WHEREFORE,the Plaintiff,The Bank of New York Mellon fka The Bank of New York as Trustee for the Benefit of the Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2005-BC4 prays for In Rem judgment against the Defendants Patrick D. Brenneman and Dawn R. Brenneman in the sum of$155,597.48,plus escrow advances of$25,533.86, plus late charges of$1,622.72,plus recoverable advances of$1,819.70,plus accrued interest as of April 1, 2015 in the amount of$80,495.88, with interest continuing to accrue thereon at the rate of 8.625 percent per annum plus the costs of this action, and reasonable attorney's fees and that said sums be declared a lien upon the premises above described from the date of Plaintiff's Mortgage,prior and superior to any right, title, lien or interest of the Defendants or any of them therein; that the Plaintiff's Mortgage be foreclosed;that any right,title,lien or interest of the Defendants,or any of them in said property be declared junior and inferior to the lien of the Plaintiff's Mortgage; that a special execution issue for the sale of said mortgaged premises or so much thereof as may be necessary to satisfy said judgment,including interest, costs, and accruing costs, and that from and after said sale under special execution,the right, title, lien or interest of the Defendants in and to said mortgaged premises be forever cut off,barred and foreclosed and the purchaser at said sale N _ take free and clear of any right,title, lien or interest of the Defendants, or any of them. The Plaintiff further prays that a Writ of Possession to be issued under theetrpf s Cottrl. directed to the Sheriff of Johnson County, Iowa,commanding him to put the purelPr at s„ id stril rn � under special execution or a successor in interest in the possession of the premised tit a E-FILED 2015 APR 30 12:09 PM JOHNSON -CLERK OF DISTRICT COURT receiver be appointed to take charge of the mortgaged premises during the period of foreclosure for the purpose of preserving the mortgaged premises for the benefit of all concerned. Plaintiff further prays for such other relief as the Court may deem just and equitable under the circumstances. CUNNINGHAM& KELSO,P.L.L.C. Michael J.--um lianTr4 X0001829 2830 100th Street, Suite 106 Urbandale, Iowa 50322 Phone No.: (515) 278-278-655 Facsimile No.: (515) 278-4655 E-mail: mcunningham@urbandalelaw.com ATTORNEY FOR PLAINTIFF cs-430. N, E-FILED 2015 APR 30 12:09 PM JOHNSON -CLERK OF DISTRICT COURT i Number 2280050121080 ADJUSTABLE RATE NOTE (LIBOR Index-Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. FEBRUARY 4 ,2005 IOWA CITY , IOWA [Dote] • [City) (State] 1132 VILLAGE FARM COURT,IOWA CITY,IOWA 52240 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received,I promise to pay U.S.$136,000.00(this amount is called"Principal"), plus interest, to the order of the Lender,The Lender is Intervale Mortgage Corporation.I will make all payments under this Note in the form of cash,check or money order. 1 understand that the Lender may transfer this Note.The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 8.44%.The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B)of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payments on the 4TH day of each month beginning on MARCH 4,2005. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If,on FEBRUARY 4,2035,I still owe amounts under this Note, I will pay those amounts in full on that date,which is called the "Maturity Date." I will make my monthly payments at 815 Reservoir Avenue,Cranston,Rhode Island 02910 or at a different place if required by the Note Holder. (B) Amount of My initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S.$1,039.95.This amount may change. tV (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate Q iy that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly 0 payment in accordance with Section 4 of this Note, 2C tit 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES a' -I}: (A) Change Dates C!1••••• The interest rate I will pay may change on the 4TH day of FEBRUARY,2007 and on that day every sixth month thereafter.Each date on which my interest rate could change is called a"Change Date." (B) The Index g alms Beginning with the first Change Date,my interest rate will be based on an Index.The"Index" is the average of Lf2Q interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month aOv immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, t)ic Note Holder will choose a new index that is based upon comparable information,The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding EIGHT AND 19/100'I'IIS percentage points (8.19%) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below,this rounded amount will he my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the- unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments.The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 11.44%or less than 8.44%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point(1%)from the rate of interest I have been paying for the preceding six months.My interest rate will never be greater than 14.44%or less than 8.44%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date, i will pay the amount of my new monthly payment beginning on the first monthly payment date after the C' - •- •• • • t y monthly payment changes again. EXHIBIT MULTISTATE ADJUSTABLE,IRATE:NOTE.(LIBOR Index)•-Simile Enmity--Freddie 5l @age!of i page,) 1111111111111111111111111111111111111111111111111111111111111111!11111111111111111111111 E-FILED 2015 APR 30 12:09 PM JOHNSON -CLERK OF DISTRICT COURT (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change.The notice will include information required by law to be given to me and also the title and telephone'number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due.A payment of Principal only is known as a "Prepayment." When I make a Prepayment,I will tell the Note Holder in writing that I am doing so.I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge.The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However,the Note Holder may apply my Prepayment to the accrued.and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes.My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment.However,any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan.and which sets maximum loan charges,is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from ine 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 FIFTEEN calendar days after the date it is due, I will pay a late charge to the Note Holder.The amount of the charge will be 5.0%of my overdue payment of principal and interest.I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due,I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date,the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other.means. (D) No Waiver by Note Holder Even if, at a time I Bin 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 1 am in default at a later time. N (E) Payment of Note Holder's Costs and Eicpenses If the Note Holder has required me to pay in full as described above,the Note Holder will have the right to be Via; paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. CE q Those expenses include,for example,reasonable attorneys'fees. 8. GIVING OF NOTICES • _.J)" Unless applicable law requires a different method, any notice that must be given to me under this Note will be X . t 43 given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address •"•"t if I give the Note Holder a notice of my different address. town,. >-.- }^Q Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by t"3C first class mail to the Note Holder at the address stated in Section 3(A)above or at a different address if I am given a .rJ G notice of that different address. c7 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE cv If more than one person signs this Note,nach person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed.Any person who is a guarantor,surety or endorser of this Note is also obligated to do these things.Any person who takes over these obligations,including the obligations of a guarantor, surety or endorser of this Note,is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together.This means that any one of us may be required to pay all of the amounts owed under this Note. 10.WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. `Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11.UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note,a Mortgage,Deed of Trust,or Security Deed(the"Security Instrument"),dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: MULTISTATE ADJUSTABLE RATE NOTE(LIBOR Index).-Sisale Family--Feeddle Mac MODIFIED INSTRUMENT Form 5590 I/01 (page 2 of ma) E-FILED 2015 APR 30 12:09 PM JOHNSON -CLERK OF DISTRICT COURT Transfer of the Property or a Beneficial Interest in Borrower. If all ut any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender Information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and(b)Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law,Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument.Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay ail sums secured by this Security Instrument.If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S)AND SEAL(S)OP THE UNDERSIGNED. .-:?6ZJ1, 1 (Seal) PATRICK D.BRENNEMAN -Borrower 4.po PAY TD THE ORDER OF a`t ,• ,0 (Seal) gun*055 MOR CSBB COWART,LIC.L79' 0 APAJ;, p •J • E OURBE ••> G -Borrower o5I ('E. Emo-mA0E CAIRMo.L i:¢'t/'•'•u.........• .}• For wenc:e Marone Corporal= (Seal) Joel www errrrrhrnenri•'`,: Aad-Beeretary -Borrower (Sign Original Only] lifeuXMovaIRr Meals cniEr alba "","s,,,,,, Derinnou Vartena Cur?,nJ,ILC /0,�6.......•... Os dl r14:,Via uyiKsadb 1&/' : °p.. 1 Aat Eori(ry rre'rarneueee"" illi II 1111 1t�'tl'11����11'��iA %itS\ 1 ol 0g, 5540 6,0 09751§--- N 4 I >-v ""' �•-Q Ll_ . MULTISTATE ADJUSTABLE RATE NOTE(LIBOR Index)--Single Family—Weddle Moe MODWFI.D INS TRIIM I/VT Farm 5590 1101 (page 3 41'3 pages) E-FILED 2015 APR 30 12:09 PM JOHNSON - CLERK OF DISTRI&InlaCW15012108o PREPAYMENT RIDER TO NOTE THIS PREPAYMENT RIDER is made this 4TH day of FEBRUARY ,2005 , and is incorporated into and shall be deemed to amend and supplement the Note of the same date given by the undersigned(the "Borrower") in favor of Intervale Mortgage Corporation (the "Lender"). 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment". When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a partial prepayment without paying any prepayment charge. If I make a full prepayment within one (1) year of the date of this Note, I agree to pay a prepayment charge of 5% of the original principal amount of the loan; if I make a full prepayment more than one(1) year but within two (2) years of the date of this Note, I agree to pay a prepayment charge of 5% of the original principal amount of the loan. The Note Holder will use my ph:payments to reduce the amount of principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. My partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment. However, any reduction due to my partial prepayment may be offset by an interest rate increase. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Prepayment Rider. PA RICK D.B NNEMAN -Borrower (Seal) -Borrower c,J — (Seal) -Borrower LL1 c • N IOWA PREPAYMENT RIDER-ADJUSTABLE RATE,FIRST MORTGAGE E-FILED 2015 APR i332JJ..�>5PM JOHNSON -CLERK OF DIAT,A„l la.�T eteaatt d,..Page 1 of 16 J.. illaN[I`filollallf1111 V4111111I41111)1. 000 I0i 019478380016 Tvoe: OEN Reoorded: 02/08/2005 at 03710;37 P11 Fee Amt i 1182.00 Page 1 of to Johnaan County Iowa After Recording Return To: Kim Painter County R000arder rr�� Decision One Mortgage Company, LLC BK 3 84 2 Pia 4 2 0-4 3 5 Servicing Agent for Intervale Mortgage Corporation 6060 J.A. !ones Drive, Suite 800 Charlotte, North Carolina 28287 Prepared By JANE ONES, PARK PLACE W 6465 WAYZATA BLVD, STE 970,6465 Wayzata Blvd., Suite 970, ST, LODUII RK, MINNESOTA 55426 Phone: (952)225-1700 _ 1x9 - (Space Above This Line For Recording Data) •�•d >- Loan Number 2280050121080 Qv`w MIN: 100077910003373137 �- �; , MORTGAGE DEFINITIO — Words used lit multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21, Certain rules regarding the usage of words used In this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated FEBRUARY 4, 2005, together with all Riders to this document. (II) "Borrower" is PATRICK D. BR> NNEMAN AND DAWN R.BRENNEMAN, HUSBAND AND WIFE. Borrower is the mortgagor under this Security Instrument. (C) "MFRS" is Mortgage Electronic Registration Systems, Inc, MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument, MFRS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O, Box 2026, Flint, MI 48501-2026, tel. (888)679-MFRS, (D) "Lender" is Intervale Mortgage Corporation. Lender is a CORPORATION organized and existing under the laws of RHODE ISLAND. Lender's address is 815 RESERVOIR AVENUE,CRANSTON, RHODE ISLAND 02910. (E) "Note" means the promissory note signed by Borrower and dated FEBRUARY 4,2005.The Note states that Borrower owes Lender ONE HUNDRED TIQR7'Y.SIX THOUSAND AND 00/100ths Dollars (U,S,$136,000.00) plus interest, Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than FEBRUARY 4, 2035. (F) "Property"means the property that is described below under the heading "Transfer of Rights in the Property," (G) "Loan" means the debt evidenced by the Note,plus interest,any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument,plus interest, (II) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower[check box as applicable}: IN Adjustable Rate Rider ❑Condominium Rider :7 Second Home Rider 0 Bat loon Rider tXJPlanned Unit Development Rider L:l Other(s) [specify] 0 1.4 Family Rider L]Biweekty Payment Rider EXHIBIT 0 I 11111 11111 VIII 11111 lull VIII IIIII�IIIII III I VIII ll�l 11111 1111 IIII 11111 I 111 RIM INSTRUMENTe Mae/Freddie Mac UNIFORM 1'�rrn� All (page I nj1l ranges) Book: 3842 Page: 420 Seq: I E-FILED 2015 APR 30 12:09 PM JOHNSON - CLERK OF DISTRICT COURT Pago2ale (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law)as well as alt applicable final, non appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Properly by a condominium association, homeowners association or similar organization, (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft. or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers, (L) "Escrow'Items'means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)damage to,or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property: (Iii)conveyance in lieu of condemnation;or(iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance"means insurance protecting Lender against the nonpayment of, or default on, the Loan, (0) "Periodic Payment" means the regularly scheduled amount due for(i)principal and interest under the Note, plus(it)any amounts under Section 3 of this Security Instrument (P) "RESPA" means the Real Estate Settlement Procedures Act (l2 U.S.C, 2601 et seq.)and its implementing regulation, Regulation X (24 C.P.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter, As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a. "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA, (Q.) "Successor in Interest of' Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals,extensions and modifications of the Note: and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note, Por this purpose, Borrower irrevocably mortgages, grants and conveys to NIERS(solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of NIERS, with power of sale, the following described property located in the County of JOHNSON [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] Lot One Hundred Three (103)in Part VI -Village Green, an Addition to Iowa City,Iowa,according to the plat thereof recorded in Plat Book IG, Page 8, Plat Records of Jchnsot County,Iowa. THIS TS A PURCHASE MONEY MORTGAGE (NJ tV � a 111 : >-C•) wlIurreritz ha. t address of 1132 VILLAGE FARM COURT [Street./ IOWA CIT r , Iowa 52240 ("Property Address"): [City) [Zip Code] j� IOWA--Single'Family--Fannie Mae/Freddie Mac UNIFORM INS'1RUMENT Form 3016 1/01 (page 2 of pages) Book: 3842 Page: 420 Sec]: 2 • E-FILED 2015 APR 30 12:09 PM JOHNSON - CLERK OF DISTRICT COURT Page 3 of 16 TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements, appurtenances, and fixtures now or hereafter a part of the property. Alt replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the"Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security instrument,hut, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument, BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered,except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against ail claims and demands, suhject to any encumbrances of record. THIS SECURITY INSTRUMENT cotnbinee uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security Instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: I. Payment of Principal, Interest, Escrow Items,Prepayment Chargm, and Late Charges. Borrower shall pay when due the principal of,and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note, Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and ibis Security Instrument shall be made in U,S, currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a)cash; (b)money order; (c)certified check, bank check, treasurer's check or cashier's check.provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality,or entity; or(d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note Or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments arc insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current,without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied ae of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of lime, Lenacr shall either apply such funds or return them to Borrower. If nor applied earlier, such t.tnds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have.now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2,all payments accepted and applied by Lender shall be applied in the following order of priority: (a)interest due under the Note;(b)principal due under the Note; (e) amounts due under Section 3. Such payments shall he applied to each Periodic Payment In the order in which it became due. Any remaining amounts shall he applied lust to late charges.second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge, If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. binds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note. until the Note is paid in full,a sum(the "Funds") to provide for payment of amounts due for; (a) taxes and assessments and other items which can atn priority over this Security instrument as a lieo or encumbrance on the Property; (b)leasehold payments or ground rents .on the iperty, if any: (c) prem%ums for any and all insurance required by Lender under Section 5; and(d) M ate Insginee tgiums, if any,or any sums payable by Borrower to Lender in lieu of the payment of Mortgage insurance af)V lO t--Singhmi mie Mae/Freddie Mee UNI'YOIt.M INSTRUMENT Corm 3916. 1/01 (page 3 of • ages) C7 Book: 3842 Page: 420 Seq: 3 E-FILED 2015 APR 30 12:09 PM JOHNSON - CLERK OF DISTRICT COURT Page 4 of 16 premiums in accordance with the provisions of Section 10. These items arc called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be anEscrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's Obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable,the amounts due for any Escrow hems for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item,Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 arid, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b)not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account,or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds, Borrower and Lender can agree in writing, however,that interest shall be paid on the Funds, Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage In accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in tiill of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments,charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings arc concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain e,kiprity over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within TO days of the date on wQfa that mice is given. Borrower shall satisfy the lien or take one or more of the actions set forth above in this S n4. ess'i • ndcr may were Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by t to in easuect4b Eith this Loan, ILL .,c .... r IOWA--SSink Pamilyaminte Moa/Freddie Mae UNIFORM INSTRUMENT Form 3016 1/01 (page 4 of ,pages) a ar Book: 3842 Page: 420 Seq., 4 E-FILED 2015 APR 30 12:09 PM JOHNSON - CLERK OF DISTRICT COURT Paga 5 vile 5.'Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the tern"extended coverage," and any other hazards including,but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts(including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to thy preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall he chosen by Borrower subject to Lender's right to disapprove Borr'ower's choice,which right shall not be exercised unreasonably, Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge fbr flood zone determination,certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification, Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense, Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the coat of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument, These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee, Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of lasurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name lender as mortgagee and/or as an additional lose payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable taw requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest ar earnings on such proceeds. Fees for public adjusters, or other third parties,retained by Borrower shall not be paid nut of the insuran6e proceeds and shall be the sole obligation of Borrower. If the restoration or repair is nor economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender May file,negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event,or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender(a) Borrower's rights to arty insoranec proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument. and(b)any other of Borrower's rights (other than the nght to any refund of unearned premiums paid by Borrower)under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property, Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, Piteblish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue 10 occupy the Property as Borrower's principal residence for at lean one yc#Naftcr the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or uAlcss ext sting circumstances exist vhich are beyond Borrower's control. IU It •Sing( Parol Wnnle Mae/Freddie Mac UNIFORM INSTRUMENT Form 3016 1/01 anise 5 syr 11 pages) Lift 44C a rt Book: 3842 Page: 420 Seg: 5 E-FILED 2015 APR 30 12:09 PM JOHNSON - CLERK OF DISTRICT COURT Pago 6 of 16 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition, Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible,Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If Msuratice or Condemnation proceeds are paid in connection with damage to, or the laking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes, Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the Insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property, If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8, Borrower's Loan Application, Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information)in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9, Protection of Lender's Interest in the Property and Rights Under this Security Instrument. if(a)Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there Is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument(such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (e)Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured positionin a bankruptcy proceeding. Securing the Property includes, hut is not limited to, entering the Property to make repairs, change looks, replace or board up doors and windows,drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate front the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with ail the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage insurance in effect. if, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available,Borrower shall continue to pay to Lender the amount of the separately designated payments that were tate when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-relltndable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shalt not be required to pay Borrower any Interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires)provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately desigtrtted payments toward the premiums for Mortgage Insurtmce, Borrower shall pay the premiums required to maintain MorTage Ineeteince in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage [n e engin ;AV;ante with any written agreement between Borrower and Lender providing for such termination or until • tcion teeeegtt •=4y Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the ate profile)) in thg-ir'otyt= tOtt..-Singly, +irnil%nie Mae/Freddie Mac UNIFORM INSTILUMIEN'f Form 3016 1/01 (page iia 1 ayes) tin N Book: 3842 Page; 420 Seq. 6 E-FILED 2015 APR 30 12:09 PM JOHNSON -CLERK OF DISTRICT COURT Page 7 of 16 • Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance, Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses, These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties)to these agreements,These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available(which may include funds obtained from Mortgage Insurance premiums), As a result of these agreements, Lender, any purchaser of the Note,another insurer, any reinsurer, any other entity,or any affiliate of any of the foregoing, may receive(directly or indirectly)amounts that derive from(or might be characterized as)a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangeMent is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance,or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has-if any-with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law,These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. II. Assignment of Miscellaneous Proceeds; Forfeiture.All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, it'the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly, Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower, Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking,destruction,or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower, I❑ the event of a partial taking, destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking,destruction, or loss in value is equal to or greater than dee amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured'by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the Bruns secured immediately before the partial taking, destruction, or loss in value divided by (h) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking,destruction,or loss In value,unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower,or if, after notice by Lender to Borrower that the Opposing Party(as defined in the next sentae) offers to make an award to settle a claim for damages, Borrower falls to respond to Lender within 30 days after the dathe noel is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or reptafthe PRipetglimo the sums secured by this Security instrument, whether or not then due. "Opposing Party" :means the thi i ty tE o `Vorrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to M ICi�ieo usroc0 I >-v \I? IOWA--Singl amity--E'a tnle Mac/Freddie Mac UNIFORM INSTRUMENT Form 3016 1/01 (page 7 of 7 ges) Book: 3842 Page: 420 S e q: 7 E-FILED 2015 APR 30 12:09 PM JOHNSON - CLERK OF DISTRICT COURT Page Bof18 Borrower shall he in default if any action ter proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment,precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument, The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property arc hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that arc not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12, Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrwnent granted by Lender to Borrower or any Successor In Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower, Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise tnodify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 1.3. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note(a"co-signer"): (a) is co-signing this Security instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terns of this Security instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the tams at'this Security Instrument or the Note without the co-signer's consent, Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind(except as provided In Section 20)and benefit the successors and assigns of Lender. 1.4. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees,the absence of express authority in this Security Instrument to charge a specific fcc to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may nor charge fees that are expressly prohthited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits,then; (a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces prtncipal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note), Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall he deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borro'wer's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. It Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's attikess stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Sei'•{trity Insnmcnt shall not be deemed to have been given to Lender until actually received by Lender. If any notice rc by t ds S t ily Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the Co 'S endin�equp011at under this Security Instrument. 1 a— 1•••••4 LAJ )014( 1/1 I --Sing 'amllylOnUEI'tf 1i' nie Mae/Freddie Mac UNIFORM INSIRMorm 3016 1/01 (page 8 of 11 p�gls) ..3 0 Book: 3842 Page: 420 Seq: 8 E-FILED 2015 APR 30 12:09 PM JOHNSON -CLERK OF DISTRICT COURT Page 9of18 16. Governing Law; Severability; Rules of Coustruction.This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law, Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent. but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used In this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in lac singular shall mean and include the plural and vice versa;and(c)the word "may" gives sole discretion without any obligation to take any action, 17, Borrower's Copy. Borrower shall he given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower,As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to,those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which Is the transfer of title by Borrower at a future date to a purchaser. if all or any part of the Property or any Interest In the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given,in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower, 19. Borrower's Right to Reinstate Alter Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of; (a)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b)such other period as Applicable Law might specify for the termination of Borrower's right to reinstate;or(c)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower;(a)pays Lender all euros which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (e)pays all expenses incurred in enforcing this Security instrument, including, bt'.t not limited to,reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose oe' protecting Lender's interest in the Property and rights under this Security Instrument; and(d)takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender; (a)cash; (b)money order; (c)certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity;or(d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note;Change of Loan Servicer;Notice of Grievance, The Note or a partial interest in the Note(together with this Security Instrument)can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law, There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which wilt state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing, if the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage looq servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer andsere not asimied by the Note purchaser unless otherwise provided by the Note purchaser. Cts. l( --Sing. �A an> l'innie Mae/Yreddin Mae UNIFORM INSTRUMENT Form 3016 1101 Oage 9 11 pages) u_ v o Book: 3842 Page: 420 Seq: 9 E-FILED 2015 APR 30 12:09 PM JOHNSON -CLERK OF DISTRICT COURT Page 10 of 16 Neither Borrower nor Lender may commence,join, or be joined to any judicial action(as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security lnstrutnent or that alleges that the other party has breached any provision of,or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15)of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken,that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances, As used in this Section 21: (a) "Hazardous Substances"are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline,kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal taws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection;(e) 'Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and(d) an "Environmental Condition"means a condition that can cause, contribute to,or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b)which creates an Environmental Condition, or(c) which, due to the presence, use,or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall no; apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including,but not limited to, hazardous substances in consumer products), Borrower shall promptly give Lender written notice of(a)any Investigation,claim, demand,lawsuit or other action lty any governmental or regulatory agency or private party involving the Property and arty Hazardous Substance or Environmental Law of which Borrower has actual knowledge,(b)any linvironmental Condition,including but not limited to,any spilling, leaking, discharge, release or threat of release of any Hazardous Substance,and(c)any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup, NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22, Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section IS 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 right to reinstate after acceleration and the right to assert In the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of ail 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 Section 22,including, but not limited to, reasonable attorneys' fees and costs of title evidence, 23, Release, Upon payment of all sums secured by thio Security Instrument, Lender shall release this Security instrument. Lender may charge Borrower a fee for releasing this Security instrument,but only if the fix:is paid to a third party for services rendered and the charging of the fee is permitted under Applicable law. 24. Villiers, Barower relinquishes all right of dower and waives all right of homestead and distributive share in and to the Prroperty3orro waives any right of exemption as to the Property. I -, Lig l aini } tnie Mue/Freddie Mae UN1IORM:INSTRUMENI' Form 3016 1/01 (pege 10 oil!pages) ata N Book: 3842 Page: 420 Seq., 10 E-FILED 2015 APR 30 12:09 PM JOHNSON - CLERK OF DISTRICT COURT Page 11 of 16 25. HOMESTEAD EXEMPTION WAIVER. I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE;AND THAT BY SIGNING THIS MORTGAGE, 1 VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS MO GAGED I'ROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS MORTGAGE. ) 4--/ 05- PATRU K D.BRENNE AN (1tej • Ali 1.1. J J 1 DA ' R. B' NN 'MAN 'r Dale(?"t./ 26. Redemption Period. If the Property is less than 10 acres in sire and Lender waives in any foreclosure proceeding any right to a deficiency judgment against Borrower, the period of redemption from judicial sale shall be reduced to 6 months, If the court finds that the Property has been abandoned by Borrower and Lender waives any right to a deficiency judgment against Borrower, the period of redemption from judicial sale shall be reduced to 60 days. The provisions of this Section 26 shall be construed to conform to the provisions of Sections 628,26 and 628.27 of the Code of Iowa. IMPORTANT: READ BEFORE SIGNING.THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE, NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED.YOU MAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained In this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: PATRICK D. BARN AN -Borrower 1.1 I. t IAL A (Seal) -Borrower (Seal) (Seal) •Durrowcr -Borrowe r State of IOWA )ss. County of JOHNSON ) On this 4TH day of FEBRUARY, A.D, 2005, before me,a notary public in and for said county,personally appeared PATRICK D. BRENNEMAN AND DAWN R. BRENNEMAN, IUSBAND AND WIFE, to mc personally known to be the person(s) named in and who executed the foregoing instrument. tacknowledged that he/she/they executed the same as his/her/their voluntary act and deed. (Seal) — LANE M.t_AFLEFt Commission Number 184960 Not•Tom'' . in the State of u: My•'//�ss �IresCYLl�_ ■ ' [ aC c *' . ..J>- 9. .1 pati it i >-c...) wct >- i--Q u �� IOWA–Single Faintly--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT, Form 3916 1/01 (page 11 of 11 pages) Book: 3842 Page: 420 Seq: 11 E-FILED 2015 APR 30 12:09 PM JOHNSON - CLERK OF DISTRICT COURT Page 12 of 16 Loan Number 22600501210$0 PLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNIT DEVELOPMENT RIDER is made this 4T11 day of FEBRUARY,2005, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the 'Security Instrument") of the same date, given by the undersigned(the "Borrower") to secure Borrower's Note to Intervale Mortgage Corporation (the "Lender") of the same date and covering the Property described in the Security Instnirnent and located at: 1132 VILLAGE FARM COURT,IOWA CITYLIOWA 52240 [Property Address] The Property includes, but is not limited to, a parcel of land improved with a dwelling, tngether with other such parcels and certain common areas and facilities, as described in (the "Declaration"). The Property is a part of a planned unit development known as VILLAGE GREEN — ---- [Name of Planned Unit Deveiopnient] (the "PUD"). The Property also include:Borrower's interest in the homeowners association or equivalent entity owning or managing the common areas and facilities of the PUD(the "Owners Association")and the uses, benefits and proceeds of Borrower's interest, PUD COVENANTS. In addition to the covenants and agreements made In the Security Instrument, Borrower and Lender further covenant and agree as follows: A. PUT) Obligations. Borrower shall perform all of Borrower's obligations under the PUD's Constituent Documents. The "Constituent Documents" are the: (1) Declaration; (iI)articles of incorporation, trust instrument or any equivalent document which creates the Owners Association; and (iii) any by-laws or other rules or regulations of the Owners Association. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. , B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy insuring the Property which is satisfactory to Lender and which provides insurance coverage in the amounts(including deductible levels), for the periods, and against loss by fire, hazards included within the term "extended coverage," and any other hazards„including, but not Iimited to, earthquakes and floods, for which Lender requires insurance, then: (i) Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property; and (ii) Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a condition of this waiver can change during the term of the loan. Borrower shall give Lender prom notice of any lapse in required property insurance coverage provided by the master or blanket policy. In the event of a distributiop of property insurance proceeds in lieu of restoration or repair Lollowing a loss to the Property, or to common areas and facilities of the PUD, any proceeds ialyable t Borrower are hereby assigned and shall be paid to Lender. Lender shall apply the r¢ceeds the sums secured by the Security Instrument, whether or not then due, with the excess, alCD �faf`ny to Borrower. _ / LU ci- ,.: C..)tom— q\/."MULT1STet5IaD RIDER—Single Faultily—FannieMae/Freddle Mac UNIFORM INSTRUMENT Ferro 3150 1/0 >— I"— (page 1 of 2 pages) EL c.)--.-4: rn c o r. N . Book: 3842 Page: 420 Seq: 12 E-FILED 2015 APR 30 12:09 PM JOHNSON - CLERK OF DISTRICT COURT Page 13 of 16 C. Public Liability Insurance, Borrower shall take such actions as may be reasonable to unsure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. D. Condemnation, The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of alt or any part of the Property or the common areas and facilities of the PUD, or for any conveyance in lieu of condemnation, arc hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Ser;urity Instrument as provided in Section 11. E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the 'abandonment or termination of the PUD, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the "Constituent Documents" if the provision is for the express benefit of Lender; (iii) termination of professional management and assumption of self-management of the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them, Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Gender to Borrower requesting payment. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this PUD Rider. N PATRICK D. BRENNEMAN -Borrower 0 Lu 0_ � • n 22 Dh_-- �,• .. : I ` • Su _}_.�.� (Seal) t �� IJA ' R.BRENNEMAN -Borrower L.L. c C.) ,.n b (Seal) C.4 -Borrower 1 . MULTISTATE PUD RIPER-Single Family-421111k Mae/Freddie'eta'. JNUFO1tM II•sTrouMF'-N'P Perm 3130 1101 (page 2 of 2 pap,e.c) Book: 3842 Page: 420 Seq: 13 E-FILED 2015 APR 30 12:09 PM JOHNSON - CLERK OF DISTRICT COURT Page 14 of 16 Loar,Number 2280050121080 ADJUSTABLE RATE RIDER (LIBOR Index-Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 4TI1 day of FEBRUARY, 2005, and is Incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust,or Deed to Secure Debt(the "Security Instrument") of the same date given by the undcrsigned (the "Borrower")to secure the Borrower's Note to INTTERVALE MORTGAGE CORPORATION (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 1132 VILLAGE FARM COURT, IOWA CITY, IOWA 52240 [Property Address) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE ANI)MONTHLY PAYMENT CHANGES The Note provides for an Initial Intc.:cst rate of 8.44%.The Note provides for changes in the interest rate and the monthly payments, as follows: 4, INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change flates 'the interest rate I will pay may change on the 4TH day of FEBRUARY,2007, and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S.dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note holder will give me notice of this choice, (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding EIGHT AND 191100TRS percentage points(8.19%)to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0125%). Subject to the limits staled in Section 4(D) below, this rounded amount wilt 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, = W9 7,/x./ MI ILTr 'ATELAorte T puns.roar,runER U lUOlt to Irx)Single nom ly-FiM G.Mac ttorNNTED INS1RC ME N1' F.r m illi (page!of 3 pagesj z coo Ca Book: 3842 Page: 420 Seq: 14 E-FILED 2015 APR 30 12:09 PM JOHNSON - CLERK OF DISTRICT COURT Page 15 of 16 (0) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 11.44% or less than 8.44%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than ONE percentage point (1%) from the rate of interest f have been paying for the preceding six months. My interest rate will never be greater than 14434%or less than 8.44%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. 1 will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mall to mea 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 he given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial letertzt in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial Interest In the Property, Including, but not limited to, those beneficial Interests transferred In a bond for deed,contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if a Borrower is not a natural person and a beneficial Interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and' agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. Ii' Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration' 'The notice shall provide a period of not less than 30 days tom the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower falls to pay these sums prior to the expiration of this period, Lender may invoice any remedies permitted by this Security Ire, Instrument without further na:ice or demand on Borrower. • N © -- DJ I >-" Art11 TAT STAB!F.RA TF.RIDER(r.SnoR InQex)-•$tngb Family-P,eikllr 1511,c M1tODIFLRJ)1NFTrtfJM1's-r !•erm,Jl5,/m e (pa 2\o f 3 Pe Book: 3842 Page: 420 Seq: 15 E-FILED 2015 APR 30 12:09 PM JOHNSON - CLERK OF DISTRICT COURT Page 16 of 16 • BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. PATRICK D. BRENNEMAN -Borrower J _ / JL I P (Seal) DAWN R. BREEiINEMAN .ROrrower (Seal) -Borrower " w c->f-- ` I >-G� ILL N 1s� ~ T .. MULTISTATE ADJUSTABLE RATE RInRR a.IROR hiJnx)ti.r to Famlly_►k,t,ik McwoMODIFIED INiipuNtEmy Kfo 31W7 1Nl 4'age 3 of pages) Book: 3842 Page: 420 Seq: 16 E-FILED 2015 APR 30 12:09 PM JOHNSON -CLERK OF DISTRICT COURT (,9x310 -"Page 1 6t 1 Ilii 4p1IIIIIIII1SII!1lIIlIIIIII11IIIIi{IIIJ'IIII►IIIIII Rec orded: 06/01/20080atT10:39:49 All Fee Amt: 87.00 Paae 1 of I Johnson County Iowa Kim Painter County Recorder 8K4333 Pa 164 Preparer/Return to: Brian G. Sayer, Dunakey & Klatt, P.C. 531 Commercial Street, Ste 700,Waterloo, Iowa 50701 (319) 232-3304 Grantor: Mortgage Electronic Registration Systems, Inc. as nominee for Intervale Mortgage Corporation Grantee: Bank of New York as Trustee for the Benefit of the Certificatehoiders CWABS, Inc.Asset-backed Certificates, Series 2005-BC4 Legal Description Lot One Hundred Three (103) In Part VI •Village Green, an Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 16, Page 8, Plat Records of Johnson County, Iowa ASSIGNMENT OF MORTGAGE The undersigned, for valuable consideration received, hereby assigns to Bank of New York as Trustee for the Benefit of the Certificateholders CWABS, Inc. Asset-backed Certificates, Series 2005-BC4, all of its right and interest in and to that one certain mortgage from Patrick D. Brenneman and Dawn R. Brenneman to Mortgage Electronic Registration Systems, Inc. as nominee for Intervale Mortgage Corporation, dated 02/04/2005, which Mortgage was filed on 02/08/2005, in Book 3842, Page 420 in the records for Johnson County. el This assignment is effective 03/17/2008, and is intended to provide constructive notice of a prev4usly a corded assignment. = L ctehis_ day c aL 2 3 2008 ,200 . 11.1 111 Li,3..t �� Mortgage Electronic Re tration Systems, Inc.as I ).--E; nominee fo Intervale M rtgage Corporation, _ t o co. By: KERISEI_MAN,ASSISTANT VICE PRESIOEENT as ASSISTANT VICE PRESIDENT ,for State of TEXAS) Mortgage Electronic Registration Systems,Inc. County of GC'Lt.I ss. On 'JUL 2 3 2003 __ ,before me, SOPHIA CUMMINGS ,personally appeared i¢R EU N,ASSISTANT VICE PRESICENJwho proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the 1nstrtunent. I certify under the PENALTY OF PERJURY under the laws of the State of TEXAS foregoin; a� It is tate and correct, EXHIBIT <7J)'I't ' d and o'6 'al s .1. R` `y'�`°e^'°-0,.. .,...t+. Signal. . /.-.,.moi►, -- (Seal) ` —/ ' SOPHIA L CU . My Commission s `� • MoyII, ?. eo— ta6zrptaxsrp 'get'. . • - i, Pepe lotl E-FILED 2015 APR 30 12:09 PM JOHNSON - CLERK OF DISTRICT COURT BK;4909 PG: 183 s t t, Recorded: 5/16/2012 at 2:35:31.290 PM Fee Amount: 57.00 Revenue Tax: Klm Painter RECORDER Johnson County, Iowa 7Lnwas ferarctrtn',,w • • MINI I IIII II(IMIIIIIIIIIII IIID IIIIIiIII Bank of America By: C reLoecarded mail to: DocID6 80497515.65413403 Prepared By: 450 E.Boundary SI.gicI Bank of America Attn:Release Dept. 800-444-4302 Chapin,SC 29036 Property Address. 1800 Tapo Canyon Road 1132 Village Farm Cl Sim(Valley,CA 93063 Iowa City,IA 52240-2919 IAC-AM n3im1S ,nan012, MIN P: 100077910003373137 MERS Phone p: 838-679-6377 ASSIGNMENT OF MORTGAGE For Value Received,the undersigned holder of a Mortgage(herein"Assignor")whose address Is 1901 E Voorhees Street,Suite C,Danville,IL 61834 does hereby grunt.sell,assign,transfer and convey unto THE BANK OF NEW YORK MELLON FKA TfIE BANK OF NEW YORK AS TRUSTEE FOR TIlE NEN EFIT OF TUE C£RTIFICATEIIOLDF.RSOF TIIF.CWABS INC.,ASSET.NACKED CERTIFICATES,SERIES 2005-11C4 whose address Is 101 BARCLAY ST-1W,NEW YORK,NY 10286 all beneficial interest under that certain Mottgage described below together with the note(s)and obligations therein descrtbed and the money due and to become due thereon with interest and all rights accrued or to accrue under said Mortgage. Original Lender: INTER YALE MORTGAGE CORPORATION Made By: PATRICK D,BRENNEMAN AND DAWN R.BRENNEMAN,HUSBAND AND WIFE Date or Mortgage: 2/4/2009 Original Loan Amount: $136,000,00 Recorded in Johnson County,IA on:2/8/2009,book 3842,page 420 and instrument number NiA in ...r IN WIESS REOF,the undersigned has caused this Assignment of Mortgage to be executed on S 7-- = 44MORTGAGE ELECTRONIC REGISTRATION uj Q, LU SYSTEMS,INC, t �"}'e` mow. ]-V By 't (...4..14/2..,.ct. t Marta Munoz_Vica President S State-.my, - Countt-aTVentura 0 h' ou 11AY 13 29IZbefore me, V& R I X S tN IIF I ANS ,Noltuy Public.personally appeared t/-1/e.iiiFh $<(//1/4-(J" ,who proved to one on the basis of satisfactory evidence to he the porsen(a)whose name(s)it/are subscribed to the within instrument and acknowledged to me that hr./she/they executed the same to his/her/their authorized capacity(les),and that by his/herrlheir signatures)on tl:c Instrument the person(s),or the entity upon behalf of which the person(s)acted.executed the instrument I certify strider PENALTY 01?PERJURY under the taws of the Slate of California that the foregoing paragraph Is true and correct. W3- .SS my h- and official seal. 1( If �i�+.�. VATRIK SAAAFIA N$ 1 ( :fir;.e Camytsbn/rBAT73Z hot.y I'ut is 1<Il(�l4�ltitAf�k NS (Seal) "'ti Monty PUWIc•Gallfomie Z My antro slot Expires: OY�G7 P1f 1 d `;� / lea Anpnes CountrflHIBIT �Comm.Ez tesMor6.Z0t9- Book: 4909 Page: 103 Seq: 1 • E-FILED 2015 APR 30 12:09 PM JOHNSON - CLERK OF DISTRICT COURT t IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY THE BANK OF NEW YORK MELLON EQUITY NO. FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES,SERIES 2005-BC4 Plaintiff vs. ATTORNEY'S FFE AFFIDAVIT PATRICK D. BRENNEMAN and DAWN R. BRENNEMAN,husband and wife; CITY OF v=1 IOWA CITY; GREENWOOD MANOR; c)-< i r-- VILLAGE GREEN HOMEOWNERS —•4.r ASSOCIATION; and UNITED STATES OF rC M AMERICA ACTING THROUGH THE ca INTERNAL REVENUE SERVICE > Defendants STATE OF IOWA ) )ss. COUNTY OF JOHNSON ) I,Michael J. Cunningham,being first duly sworn on oath,hereby depose and state that I am a member of the firm of Cunningham&Kelso,P.L.L.C..,the attorneys for the Plaintiff in the above-entitled cause; that the Note and Mortgage sued upon herein are in my possession as attorney for the Plaintiff;that I have read the foregoing Petition and am familiar with the contents thereof, and the allegations contained therein are true as I verily believe. I further depose and state that I am regularly practicing attorney in the Courts of the State of Iowa; that the attorney's fees prayed for herein are for services rendered and to be rendered by me as attorney for the Plaintiff in this action;that there has been no agreement, express or implied between me and any other person or persons except other practicing attorneys engaged with me in this action, for a division of sharing of the attorney's fees prayed for herein. Mi .el J. Cun 'n h m Subscribed and sworn to before me on this al day of s 11,• , 2015. BEctclr t. �ICcu -14._ EXHIBIT Commisslon Number 7f 8977 1_. a[� ,� �_ _ MY Commisslon Expires _ October to, 2017 ary I blit, St e of lows • Mortgage Mediation Notice You are receiving this notice because (1) your lender believes that your mortgage is seriously delinquent, or (2) a foreclosure petition was recently filed against you. The purpose of this notice is to inform you that help is available through Iowa Mortgage Help, a State of lowa-sponsored program. help is available Iowa Mortgage Help is a group of organizations partnering with the Iowa Attorney General's Office and the Iowa Finance Authority to offer all Iowans access to free, confidential mortgage counseling with local organizations located right here in Iowa. Iowa Mortgage Help is here to assist you in working through your situation. Please call 1-877-622-4866 as soon as possible. The earlier you call, the more options that are available to you. When you call, you will be referred to a trained, professional counselor who will listen to your situation and offer free, confidential advice through each step of the process. In some cases, we are able to work with lenders and borrowers to restructure mortgage terms. While we are not able to help everyone, we are able to help the majority of homeowners who call Iowa Mortgage Help. The fact that a foreclosure petition may be or has been filed against you does not necessarily mean that you will lose your house. It is NOT too late. There is still time for help. Do Not Delay. This may be your best chance for saving your home from foreclosure. Call 1-877-622-4866 today or go to lowaMortgageflelp.com. This free call could save your home. CFI -11 • ly Si' Iowa Mortgage Help --� 1-877-622-4866 c"n www.lowaMortgageHelp.com — 1-11 • This notice is being provided as required by Iowa Code section 654.460 W END OF CASE FILE 100503-1 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BANK OF AMERICA, N.A. • : EQUITY NO. EQCV077332 PLAINTIFF,: vs. : DISMISSAL OF : DEFENDANT KIMBERLY S. CAMPBELL AND • CITY OF IOWA CITY, IOWA • • DEFENDANTS.: COMES NOW the Plaintiff, Bank of America, N.A., and hereby dismisses Spouse of Kimberly S. Campbell, if any as a Defendant herein, without prejudice. PETOSA, ' . /OSA &BOECKER, L.L.P. By /i Benj./in f9' i s : " 0003' 3 Rya . H� : es AT00105: : <77 135r W 38th Street, Suite 100 rCli e, Iowa 50325-8308 •oc �. U.1T; ephone: (515) 222-9400 I N C4Facsimile: (515) 222-9121 z F--,gr -r Email: electronic@petosalaw.com ATTORNEYS FOR PLAINTIFF Copy to: CERTIFICATE OF SERVICE Kimberly S. Campbell The undersigned certifies that the foregoing 1905 California Avenue instrument was served upon all parties to the above cause to each of the attorneys of record Iowa City, IA 52240 herein at their respective a e es disclosed on the pleadings on 2015. City of Iowa City, Iowa U.S.Mail 0 FAX CityClerk A.Hand Delivered 0 Ovemight urier ❑Certified Maid ❑Other- . 410 East Washington Street Iowa City, IA 52240 Signature Cc KctU i eeut. c _1 100503-1 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BANK OF AMERICA, N.A. 94-1687665 • • EQUITY NO. PLAINTIFF, : VS. ORIGINAL NOTICE KIMBERLY S. CAMPBELL; • CITY OF IOWA CITY, IOWA; PersonTi SPOUSE OF KIMBERLY S. • CAMPBELL, IF ANY; Process server;• ` me: Address of •- Dater DEFENDANTS. : served_ []Persona, TO THE ABOVE NAMED DEFENDANTS: fl Posted I l Substitute You are notified there is a petition now on file in the office of the clerk of the above court. A copy of this filing is attached hereto. The Plaintiffs attorneys are Petosa,Petosa& Boecker, LLP, by Benjamin W. Hopkins, whose address is 1350 NW 138th St., Suite 100, Clive, IA 50325. The Plaintiffs attorney's phone number is 515-222-9400, with a facsimile transmission number of 515-222-9121. 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 a motion or answer, in the Iowa District Court of 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. This case has been filed in a county that utilizes electronic filing. You should refer to (i) Iowa Court Rules Chapter 16 for general rules and information on electronic filing; and (ii) Iowa Court Rules Chapter 16, division VI regarding the protection of personal information in court filings. If you need assistance to participate in court due to a disability, call the disability coordinator at (319) 398-3920, Ext. 1105. Persons who are hearing or speech impaired may call Relay Iowa TTY at 1-800-735-2942. Disability coordinators cannot provide legal advice. YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERE&'S. --4C--) rn cn -c r-- rx C Pv ros_0 b=., C--1\1\ TAA e ( j) STATE OF IOWA JUDICIARY Case No. EQCV077332 County Johnson Case Title BANK OF AMERICA, N.A. V. KIMBERLY S. CAMPBELL THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING. Therefore,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless you obtain an exemption from the court,you must file your Appearance and Answer electronically. You must register through the Iowa Judicial Branch website at http://www.iowacourts.state.ia.us/Efile and obtain a log in and password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court. FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING, REFER TO THE IOWA COURT RULES CHAPTER 16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM: http://www iowacourts.state.ia.us/Efile FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS,REFER TO DIVISION VI OF IOWA COURT RULES CHAPTER 16:http://www.iowacourts.state.ia.us/Efle Scheduled Hearing: • If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district ADA coordinator at(319)398-3920 . (If you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942.) Date Issued 06/05/2015 12:09:47 PM daw T1411.- ..‘, -d .Ce. Q •/ m..A.'..,(11" .iN'-60 D ( A 11%sibii -1,I El 4 '. , '1.'"-- .r..iR n• ...Cr--" mZy rn '414. OU,1 tl, . ©'Aj Z OD District Clerk of Johnson County - ••. /s/ Wendy Lonngren E-FILED 2015 JUN 05 8:53 AM JOHNSON -CLERK OF DISTRICT COURT C'1 ti► I c , a tT1 1 OQ_1O3-1 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BANK OF AMERICA, N.A., 94-1687665: EQUITY NO. PLAINTIFF: VS. • PETITION TO REFORM AND FORECLOSE : MORTGAGE KIMBERLY S.CAMPBELL; • CITY OF IOWA CITY, IOWA; • SPOUSE OF KIMBERLY S. • CAMPBELL,IF ANY; • DEFENDA NTS.: NOTICE THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND,THE SALE WILL BE DELAYED UNTIL SIX MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO- FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS 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. E-FILED 2015 JUN 05 8:53 AM JOHNSON -CLERK OF DISTRICT COURT 0 cn C dr cn—c -�r�- rn 1503° Plaintiff, Bank of America, N.A., for its cause of action states: ,, 1. That the Plaintiff is an entity doing business in the United States of America. 2. That on or about May 5, 2005, Kimberly S. Campbell, a single person, made, executed and delivered a promissory note in writing for the sum of$90,750.00 payable in installments, with interest at 5.375%per annum from such date (the "Note"). A copy of the Note is attached hereto and made a part hereof as Exhibit "A". 3. That on or about May 5, 2005 in order to secure the payment of the Note, Kimberly S. Campbell,a single person, ("Mortgagor(s)") made, executed and delivered to Iowa State Bank and Trust Company, a real estate mortgage (the "Mortgage") describing the following real estate: Lot nine (9) in Part One Mount Prospeck Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 8, Page 70, Plat Records of Johnson County, Iowa the Mortgage was filed for record May 9, 2005, in Book 3873 Page 831 in the Recorder's Office of Johnson County, Iowa. A copy of the Mortgage is attached hereto and made a part hereof as Exhibit "B". Said mortgage is a Purchase Money Mortgage. 4. That Bank of America, National Association is the successor in interest to BAC Home Loans Servicing, LP as the result of a merger and acquisition on July 1, 2011. 5. That Plaintiff is currently the holder of record of the Note and Mortgage. 6. In fact, money was loaned on the security of a mortgage on the following real estate: Lot nine(9) in Part One Mount Prospect Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 8, Page 70, Plat Records of Johnson County, Iowa (underlining shows corrections) E-FILED 2015 JUN 05 8:53 AM JOHNSON - CLERK OF DISTRICT COURT _ a d CJ, 100503 ..<r- 7. Iowa State Bank and Trust Company and the Mortgagors agreed and intend fit them co Mortgage should convey the real estate legally described in paragraph 6 (the"M61=tgaged_ Property"). 8.That the legal description as typed in said Mortgage was a mistake of the scrivener preoartd said Mortgage, which neither Iowa State Bank and Trust Company nor the Mrnoticed at the time of execution and delivery of the Mortgage. Mortgage was delivered with its erroneous legal description because of a mutual mistake of the parties thereto. 10. That Plaintiff has the right to foreclose because it is the holder of the Note or is otherwise authorized by the owner of the loan, pursuant to state law, to foreclose. 11. That the Note and Mortgage provide that if default be made at any time in payment of any installment of principal or interest, at the election of Plaintiff, all indebtedness, without notice of such election, shall become immediately due and payable; that Plaintiff by reason of the failure of Mortgagor(s) to pay said installments, declares the Note in default, that there is now due and owing Plaintiff the sum of$79,924.36 with interest at 5.375%per annum from and including September 1, 2012. 12. That Plaintiff has given the Mortgagor(s) notice of the right to cure said default and to date has received no response thereto. 13. That the time to cure the default under Iowa law has now expired. 14. That said Note and Mortgage provide that if suit be commenced thereon, E-FILED 2015 JUN 05 8:53 AM JOHNSON - CLERK OF DISTRICT COURT C `J' -�i 00501 Mortgagor(s)will pay reasonable attorneys' fees. An attorneys fee affidavit is a' ecf ret d :7( s. 77. and made a part hereof as Exhibit "C". - I a) 15.That the Plaintiff now hereby in writing waives any right or claim to a deficiency judgment against the Mortgagor(s). That the Mortgaged Property is the residence of the Mortgagor(s) and is a one-family or two-family dwelling. The Plaintiff hereby elects to foreclose without redemption and the sale of the Mortgaged Property shall occur promptly after entry of judgment, unless Mortgagor(s), pursuant to the Notice set forth above, files a written demand to delay the sale, in which event the sale shall be delayed until six months after entry of judgment. 16. That the following partjs are named as Defendant(s) because they claim some right, title or interest in the Mortgaged Property, including, without limitation a right, title or interest as described below but any such right, title or interest is junior and inferior to the interest of Plaintiff: City of Iowa City, Iowa, Mortgage, dated May 5, 2005, recorded May 9, 2005, Book 3873, Page 841, $30,250.00 Spouse of Kimberly S. Campbell, if any, for any interest in the subject property 17. That the Mortgage provides that any time after the proper commencement of an action in foreclosure or during the period of redemption, the Court having jurisdiction of the case shall, at the request of Plaintiff, appoint a receiver to take immediate possession of the Mortgaged Property and of the rents and profits accruing therefrom, to rent the same as he may deem best for the interest of all parties concerned and shall be liable to account to the E-FILED 2015 JUN 05 8:53 AM JOHNSON - CLERK OF DISTRICT COURT C1 ext i l —4 ...... -< '1 -IO050 co Mortgagor(s) only for the net profits after application of rents, issues and profits`tIpon the cost of the expense of receivership and foreclosure and the indebtedness, charges and expenses hereby secured and herein mentioned. WHEREFORE THE PLAINTIFF PRAYS THE COURT: 1. That said Mortgage be reformed by correcting the legal description to read as follows: Lot nine (9) in Part One Mount Prospect Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 8, Page 70, Plat Records of Johnson County, Iowa and that the record thereof be corrected accordingly. 2. That Plaintiff have judgment in rem against the Mortgaged Property for the amount of$79,924.36 plus interest, as provided in the Note and Mortgage and for late fees, attorneys' fees, abstract expense, protective advances and costs. 3. That a receiver be appointed immediately to take care of, manage, lease and collect the rents from the Mortgaged Property, and to apply the same in payment of costs and expenses of said receivership, repairs and expenses of said real estate,accrued and accruing taxes and special assessments, insurance premiums, and in partial payment of the judgment to be entered herein. 4. That said judgment, together with interest, attorneys' fees, abstract expense, protective advances, costs and accruing costs be decreed a prior lien upon the Mortgaged Property from the date of the Mortgage, and that all rights, interests and equities of all E-FILED 2015 JUN 05 8:53 AM JOHNSON -CLERK OF DISTRICT COURT O CD mL ) --4 =' 00501m Defendants to this suit be declared junior to the right, title and interest of the Plai= d 5. That in the event Plaintiff is required to advance further sums for taxes or insurance premiums on the Mortgaged Property, the Plaintiff should be given an additional lien thereon for such amounts so advanced. 6. That the Mortgage be foreclosed and the Defendant(s)' equity of redemption be barred and foreclosed save as guaranteed by law. That special execution issue for the sale the Mortgaged Property to satisfy said judgment, interest, attorney fees and costs. 7. That special execution issue to satisfy said judgment, interest and attorneys' fees, abstract expense, protective advances, costs and accruing costs herein, and the Mortgaged • Property be sold according to law to satisfy the amount due under the Decree issued by this Court and the Defendants herein or anyone claiming by,through or under them, be forever barred and foreclosed of any interest in the Mortgaged Property, except such rights of redemption as provided by law. 8. That if the Mortgaged Property is sold and not redeemed, the Clerk of this Court shall issue to the Sheriff of said County, a writ of removal and possession, commanding him to put the grantee named in the Sheriffs deed for said premises sold, or his grantee, in possession thereof, and to remove any Defendants, or persons claiming by, through or under any of them, or any person in possession thereof out of such possession. 9. That Plaintiff has elected foreclosure without redemption and the sale of the Mortgaged Property shall occur promptly after entry of judgment or in the alternative, if a E-FILED 2015 JUN 05 8:53 AM JOHNSON - CLERK OF DISTRICT COURT e.s C cs, 'ii ..: -- 10c`03-13 written demand for delay is filed, the sale shall occur six months after entry of judgment. 10. That Plaintiff be granted such further relief as may be just and equitable. PETOSA, P ►•SA& BOECKER, L.L.P. By Benj.,r' �! Hopkins,AT011 573 Ry.��f�� .11 .raves, a 0110588 13.? / . reet, Suite 100 Cl. owa 50325-8308 T -phone:(515) 222-9400 '. simile:(515) 222-9121 mail: electronic@petosalaw.com ATTORNEYS FOR PLAINTIFF CRPRDNRBS46b 7/25/2012 3 : 46:56 PM PAGE 43/044 888-294-5658 E-FILED 2015 JUN 05 8:53 AM JOHNSON - CLERK OF DISTRICT COURT NOTE N C err May 5,2()05 / Iowa City , Ali 'Date} L/ LCitYI Rt t —ti�'T 1905 California Ave. Iowa City,IA S22401 (Property Address} f-- 1. BORROWER'S PROMISE TO PAY ..., -- In return for a loan that I have received,I promise to pay U.S.$90,750.00/ (this amount is calleirfetnci q,pltra��' interest,to the order of the Lender. The Lender is Iowa.State Bonk and;Priest Company . I will-Make all payments under this Note in the form of cash,check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note Is called the"Note Holder." 2. INVERTST 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 5.37546. The interest rare(equ fired by this Section 2 is the rate I will pay both before and after any default described in Section 6(B)of this Note. 3. PAYMENTS (A) Time and Place of Payments / I will pay principal and Interest by making a payment every month. I will make my monthly payment on the Yat day ofeach month beginning on .hely 1st , 2005 . 1 will make these payments every month until I have paid nli of the principal and interest and any other charges described below that Inlay owe under this Note. Each monthly payment wilt be applied as of its scheduled clue date and will be applied to interest before Principal If.on June let . 2035 .I still owe amounts under thisNote.I will pay deers amounts infull on that date,which is called the"Materity pate.- ]will make ray monthly payments at 323 South Clinton St PO Box 1700 Iowa City,IA 52244 or at.a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S.$508.17 4. BORROWER'S RIGHT TO PREPAY • I have the right to retake payments of Principal at any time before they arc due. A payment of Principal only is known as a "Prepayment." When Imake aPrepatent,I will tell the Note Holder in writing that Iam doing so. I may not designate a payment as a Prepayment if I have not made all the monthly paymen s due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Princlp al that I owe under this Note. However,the.Note Holder meytipply myPrcpa)Is3emTt to the accrued and unpaid interest on the Prepayment amount,before applying,myhPrepayment to reduce the Principal amount of theNote. If I make a partial Prepayment.there will be no changes m she due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. 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 louts exceed the permitted plaits,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 me which exr.. r+ed permitted limits will be refunded to toe. 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. 6. BORROWER'S FAII.uIRE TO PAY AS REQUIRED (A) Late Charge 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 eremite of the charge will be 5,00046 of my overdue payment of principal and interest. I will pay this tats charge promptly bat only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the dale it is due.I will be in default (C) Notice of Default If I am in default,the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date,the Note Holder may requ(retnefto" tyirr}mediatelythe full amount ofPrincipal which has not beets paid and all the interest tltatl owe on that amount. That datamis$j j j it's-e30 days atter the date on which the notice is mailed to me or delivered by other means. (D) No Waiver'li�y Nott-11 •• - -'G'ocr:` Even If,ata due when in default,the Note Holder does not require meto-payz rnrpcdlately in full as described above,the Note Holder willrstilIh'a4G', c'ri l td'dei so if I arta in.default at a later time. -• _- (E) Payment ofTll6te}Iokiii'Siosts nod,Et�pIterties If the Note Holder has regp_Irotl me to pay immediately in'full as described above.the Note Holder will have the right to be paid back by me for all of Its costal d tApbbses-tn_enforc-ing this Note to the extent not prohibited.lsy tipple icte law. Those a�xn.sca include for example,reas4prai psl attorneys'Pecs. 7. GIVING OF NOTICES:,'n.tbl - • •. • • Unless applicable law requires n different method,any notice that must be given in ma under"lhil.'Note wilt be given bydetivtsine it or by mailing it by first clash nwlfldhte.at.tire,'rpperty Address above or ata different address if I give the Note Halder a notice of my different address. - . •. . . Any notice that must be given to the Note Holder under this Note will be givenby delieeri ng it or by mailing It by first class mail to the Note Holder at the address stated in Section 3(A)above or at a different address if I nm given a notice of that different address. 8. 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 peraoa who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these o liggations,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 set.•rrsrnvtst*oam s x o•rs—stets.Fault EXHIBIT . tjiis er Vorm3200 LOS (pare r 07p'Ut'1 9847.C'V 16.07) i ..._ ___,66r________ 0010(50Ian SO) CRPRDNRBS46b E-FILED 2015 JUN 05 8:5 AM JanNS�N pC LERK F DISI 11CT �JF 4-5658 against each person individually or against all of us together. This means thatrequired to pay of the amounts owed under this Note. anyone ofuc may be rcq 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment means the right to require the Note Holder to demand payment of amounts due. "notice of Dishonor"meats the right to require the Note Holder to give notice,to other persons that amounts due have not been paid. 10. 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 dote as this Note, protects the Note Holder hunt 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 rake immediate payment in full of all amounts I awe under this Note. Some of those conditions are described as follows; If all or any part of the Property or any Interest in the Property Is sold or transferred(or i f Borrower is not a natural person and a beneficial Interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in Rill of all sums secured by this Security Instrument. However,this option shalt not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option,Lender shall give Borrower notice of acceleration. The nock"shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all stuns 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 detuand on Borrower. WITNESS THE HAND(S)AND SEAL(S)OP THE UNDERSIGNED. unlet l. CCp b —f - a Kimberly .Campbell (Seal) Borrow= (Seal) Bonvwcr (Seal) t)orrower (Seal) WITHOUT RECOURSE (Sign Original Only) PAY TO THE ORDER OF Countrywide Document Custody Services,a division of Treasury Bunk,N.A. Iowa State Bank and Trust COtupany 1 Atet. i •/a.4 Mi..'. �L o Peggy! s f.1 r.„ Vice-Presld.'i C _1 : �....ii = f L)-(: --in r<r rri s>r . 7C t ,,tw r. .. talStaoaria th4OvuoVi Iran r- lopadt3'7 '/r �r ha bN'SBivl3JliSC1s✓31U•�to0ISI11I4V 'S':IJIAtL•3SAt301Stua 9QLV►,l91I1�03 .0 .g yi 3yiOH 30' taLlt,li t J 31'2SR0331!113oH I 1 M ass-- a tftc+{IIN+ •ants sNvtYi IIv10x 341111"* nu dO 213aau.31-U.OJ.Abid /0lisati0 qui OL"4 )<ILJI.TISTAls FIXE u.glo Faaily—palate Mccirraddle Mac UVIFORM MISTRt Stto.rI• 9a47.CV(6,02) Form 3100 1.101(pace 2 aJ2 MPc.t GOTO(001u73ta) j • • • U,-F1LD 2015 JUN 05$:53 4M JOHNSON -CLERK OFiaRir�� Q�RBIEICH Doo [0. ' 010882860000Type: OEN dl Recorded: 05/08/2006 at 04:20:18 Pt, :,. Fee Arlt. 947.00 Facia 1 of a Johnson County Iowa Kim Painter County Recorder 8K3873 X831-839 C=> Prepared by Catherine M Franz Iowa State Bank and Trust Company 325 South Clinton St PO Box MO cf+ Iowa City,IA 5224.1(319)356-5960 ) t, " [Space Above This Line For Recording Dalai � C PURCHASE MONEY MORTGAGE MORTGAGE t3�`' c n rri .1C DEFINITIONS Words used n multiple sections of this document are defined below and other words are defined in Sections 3,11,13,18,20 and 21. Certain rules regarding the usage of words used In this document are also provided in Section 16. (A)"Security Instrument"means this document,which is dated May 5th 2005 ,together with all Riders to this document. (B) 'Borrower"Is Kimberly S.Campbell.a single person Borrower is the mortgagor ander this Security Instrument. (C) "Lanier"is Jnwn State Rank and Tract Camparty ,Lender is a Corporation organized and exxisdag under the laws aflhe State of Iowa Lender's address is • •. s :I. :.t , .: t«. r : Lender is the mortgagee under this Security Instrument. (0) "Note"means the promissory note signed by Borrower and dated May 5th , 2005 The Note states Macho-mower owes Lender Ninety Thnuennd Raven Hunrtrpd Fiftyand/10/108 Dollars(U.S,$90,750.00 )plus interest Borrower has promised to pay this debt In regular Periodic Payments and to pay the debt In full cot later than .tune 1,2035 (E) "Property"means the property that is described below ander the heading"Transfer of Rights in the Property." (F) "Leanl.means the debt evidenced by the Note,plus interest,any prepayment charges and late charges due under the Note,and ail sums dac ander this Security Instrument,plus Interest. (G)"Riders"means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed byBorrnwer[check box as applicable]: O djustableRate Rider ❑ Condominium Rider ❑ Second Mame Rider O Balloon Rider 0 Planned Unit Development Rider .g Others)[specify] t� El 14PantyRlder 0 BiweeldyPaymentRider CtINWNI jG (U) "Applicable Law"meats all controlling applicable federal,state and local statutes,regulations,ordinances and administrative rules and orders(that have the effect of law)as well as all applicable final.non•nppealahle judicial opinions. (I)"Comet unity AssociationDues,Fees,and Assessments"means all dues,fees,assessments and othercharges that am imposed on Borrower or the Property by a condominium association,homeowners association or similar organization. (J)"Bleed ale Funds Transfer"means any transfer of tads,other than a transaction origfmtedby check,draft,or similar paper instrument,which is initiated through an electronic terminal.telephonic Instrument,computer,or magnetic tape sons to order,instruct,or authorize afinancial institution to debit or credit an arisen et Such lean Includes,but is not limited to, point-of-stilt transfers,automated teller machine transactions,transfers initiated by telephone,wire transfers,and automated clearinghouse transfers. (K) "Escrc w Items"means those items that are described in Section 3. (L)"Miscellaneous Proceeds"means any compensation,settlement,award of damages,orpraccedspaidbyany third party (other than insurance proceeds paid under the coverages described ie Section 5)for:(i)damage to,or destruction of,the Property,tri)condemnation or other taking of all or any part of the Property,(11l)conveyance in lien of condemnation;or (iv)misrepresentations ot:or omissions as to,the value and/ar condition of the Property. (M) "b1ort gage Insurance"means Insurance protecsing Lender against the nonpayment of,or default on,the Loan. (N)"Perir.lic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note,pins(U) any amount:,under Section 3 of this Security Instrument. (0)"REST A"means theReal Estate SettlemeetProcedures Act(12 U.S.0§2601 et seq.)andits implPmAnting regulation, Regudation'.tC(24 C.F.R.Part 3500),as they might be amended from time to time,or any additional or successor legislation or regulation that governs Mesa=subject matter.As used In this Securitylnstrument,''RESPA"icfua to all requirements •c IOWA-St Fannie Mm la TIM P:munstmvr• Fun sam6 Ilan(peRe l of a p...) EXHIBIT ;it 617r0(001a7391) 'h E-FILED 2015 JUN 05 8:53 AM JOHNSON -CLERK OF DISTRICT COURT t _a. and restrictions that are imposed in regard to a"federally related mortgage loan"even if the Loan does not qualify as a `federally related rr.ortgage loan"under RBSPA. (P)"Successor tis Interest of Borrower"means any party that has taken title to the Property,whether or not that party has assumed Borrower's obligations under the Note andfor this Securitylostnmtent. a�n TRANSFER OF RIGHTS IN THE PROPERTY I • This Security Instrument secures to Lender:(i)the repayment of threaten,and all renewals,extensions and modifications of c.r+ the Note;and(II)the performance of Borrower's covenants and agreements ander this Security Instrument and t tiN L- For this purpose,Borrower Irrevocably mortgages,grants and conveys to Lender,with power of sale,the following desailb �= r,, property located in the County of Johnson r'.—i ('Type of Recording Jurisdiction) [Name of Recording Jurisdiction] c'}— Lot nine(9)In Part One Mount Prospeck Addition to Iowa City,Iowa,according to the plat thereof reoorredc) c" in Plat Book 13,Page 70,Plat Records of Johnson County,Iowa. t' t rt 0 F • •n .e. 6. which currently has the address of 1905 Csliforsda Avc. [Street) Iowa City , ,Iowa 51.240 ("Property Address"): .1 (Caty] [Zip Com] TOMITHER 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 coveredby thk 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 convoyed and has the right to grant and convey the Property and that the Property Is ueencumhered,except for encumbrances of record. Borrower warrants and will defend generally the this to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and aye as follows: 1.Payment of Principal,Interest,Escrow items,Prepayment Charges,and lata Charges.Borrower shall pay when due the principal of,and intereston,the debt evidenced by the Nate and any prepayment charges and late charges due under the Note. Borrower shall also pay funds Inc Escrow Items pursuant to Section 3.Payments due under the oto and this Security Instrument shall be made in U.S.currency.However,if any check or other instrument received by Lender as payment under the Note or this Security Instrument Is returned to Lender unpaid,Lender may require that any or all sabscquent payments due under the Note and this Security Instrument be made in one or more of the following forms,as selected by Under.(a)cash;(b)money order;(e)certified check, beak check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency,instrumentality,or entity;or(d)lectronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as May be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any paymentor partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender mayaccept any payment or parte]payment insufficient to bring the Loan current,without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future,butLender is not obligated to apply such payments at the time such payments are accepted_If each Periodic Payment is applied as of its scheduled due date,then Lender need rtot pay tntee.stoaunapplied funds.Lender may hold such unap lied funds until Borrower makes pato Loan current. If Borrower dam not do so within a reasonable period of time,Lender shall either apply f Borrower.if not applied earlier,such funds will be applied to the outstanding principal balance under the Nate immediately prior ea foraclosure. No offset or claim which Borrows might have now or in the future egseinu Lender shall relieve Borrower from malting payments due under the Note and this Security lestrument or performing the covenants and agreements secured by thus Security Instrument 2.ApplleakanofPayments orProceeds.Bueptasotherwise describedintisSection 2 all payments accepted and applied py Leader shell be applied in the following order of priority: (a)interest dueunder thel4ous;(b)principal due under the Note:(c)amounts due eerier Section 3.Such payments shall be applied to each Periodic Payment in cite order in which it became due.Any remaining amounts shall ben plied first to late charges,second to any other amounts due under this Security Instrument,and then to reduce the principal balance of the Note. If I wrier receives a payment from Borrower for a delinguentPcrodicPayment which includes a sufficient aritonnt to pay any Lie charge due,the payment may be applied to the delinquent,ay hent and the late charge. if more than one Periodic Payment is outstanding,Lender may apply any payment received..••Borrower to the repayment of the Periodic Payments ff,and to the extent that,each paytnent can be paid in full.To the extent that any excess exists after the payment ts ter LO WA-•ria`li Pamtly.rwx Mx/Freddie Mae W{IPORM INSTRUMENT Form 3016 1. I(page 2 of 8 pare) GOTOXta7390 1 • E-TILED 2015 JUN 05 8:53 AM JOHNSON - CLERK OF DISTRICT COURT f applied to the full paymentofoneornmroPeriodicPayments,suchexcessmaybeappliedtoanyfatechargesdue.Voluntary prepayment shall be applied first to any prepayment charges and then as described in theNote. Anyapplicatlon of payments,insurance proceeds,or Mlscellaneous Proceeds to principal duo sendertboNote shall not extend orne the due date,or change the amount,of the Periodic Payments. 3.Funds fo EscrowIterns. crrower pay to Leader ori the clay Pai od ic Paym ents are dile under the No., until the Note is paid in full,a sum(the"Funds")to provide for payment of amounts due for:(a)taxes and assessments and other items which can attain priorityover this Secunty Instrument as a lien or encumbrance on the Property,(b)leasehold payments or ground rents on the if any;(c)premiums for any and all insurance required b Lender under Section St and(d)Mortgage Insurance premiums,Properly. or any sums payable byBorrower to Lender lance of the payment ofMoetease Insurance premiums in accordance with the provisions of Seethe 10.These items arts called"Escrow twins."Atongmation or at any time during the term of the Loan Lender may require tbat C_onmwnity Association Dues,Fees,and Assn es meets,if any,be escrowed by Borrower,and suet'dues,fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all r.otices ofarnounts to be paid wider this Section.Borrower shall payLenderthe Funds for Escrowltems unle3s Lendbr waives Borrower's obligation to pay the Funds for any or all Escrow Runs.Lcadermay waive Borrower's obligation to pay to LenderFunds far any or all Escrow Items at any time. Any such waiver muyontybe in writing.In the event of such waiver,Borrower shall pay direedy.when and where payable,the amounts due for any Escrow lams for which payment of Rinds has been waived by Lender and,if Lender receives,shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.Borrower's obligation to make such payments and to provide receipts shall for all purposes bedeemed tobeacovenant and agreement contained in this Security Instrument,asthe plume "covenant and agreement"is used in Section 9.IfSommer iso lbigatedtopayEscrowItemsdirectlyY,pursuanttoawaiver, and Borrower fails to pay the amount due for an Escrow Item,Lender may exercise its rights under Section 9 and pay such amount end Borrower shall then be obligated under Section 9 to repay to Lender any such amount finder may revoke the waiver as to any err all Escrow Items at any Uma by a notice given In accordance with Section 15 and,upon such revocation, Borrower shall pay to Lender all Funds,and in such amounts,that are then required under this Section 3. o Lender may,at any time,collect and hold Funds In an amount(a)sufficient to permit Lander to y.l theFtmds at the time spxlfied under RESPA.and(b)not to emceed the maximum amount a lender can require under*ass.PA.Lender ,, shall estimate the amount of Funds duo on the basis ofcurrent data and reasonable estimates ofcxpendituresoffean:LI(crbw ""11Items or otherwise in accordance with Applicable Law. - j The Funds shall be held in en Institution whose deposits art insured by a federal agency,instrumentality,or diry (including Lander,ifLenderisaninstitution whose deposits asolaserred)or in any Federal ' �"" " mm apply the Farads to pay the Escrow Items no later than the time specified under RESPA.Lender shall not chargeBoabiner^. for holdingand applying the Funds.annually analyzing the escrow account,or verifying the Escrow Items.unless Landes—, Cil pays Borrower Interest on the Funds and Applicable Law permits Leader to make such a charge. Unless an agree:m.3 , rn made in writing or Applicable Law requires interest to be paid on the Funds,Lender shall not be required topay Borro �. i , i any interes:or earnings on the Funds.Borrower and Lender can ogee in wridng,however,that interest shall be paidon tne`l _ Funis. Lender shall give to Borrower,without charge,an annual accounting of the Funds as required by RESPA. • - J If there is a surplus of Funds held in escrow,as defined under RBSPA,Lender shall account to Borrower feat ifann 7. CO ICJ excess limb in accordance with RESPA. If there Is a slionage of Funds held In escrow,as defined under RESPA,Lender shall notify Borrower as acquired by RBSPA,and Borrower shall pay to Lender the amount=early to make up the shortage lm accordance with RESPA,but in no more than 12 rtxauhly payments, If them is a deficiency of Funds held In escrow,as defined under RESPA.Lender shall nodty Bormweras required byRESPA,and Borrower shall paytoI.err the amount ncc ksaary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. UeoapaymentinfullofallswnssecuredbythisSecurityInstrtmunt.Lendershallpmrnpilyt to Burrowed any Funds held lay Leader. 4..Charges;Liesns.Borrower shall pay all taxes,assessments,charges,fines,and impositions attributable to the Property which can attain priority over thisSecurity Instrument,leasehold payments orground rentsontheifnay, andCommtlnity Association Dues Fees,and Assessment,if any,To the extent that these items aruEscrow Items,Bmower shall pay than In the manner provided In Section 3. Borrower shall promptly discharge any lien which has priority overthis Security Instrument unless Borrower:(a) agrees In writing to tits payment of the obligation secured by the lieu dm a manner acceptable to Lender,but only so long as Borrower is pertorming such agreement:(b)contests the lien In good faith by,or defends against enforcement of the lien in, legal p dings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending,bdE'only until such proceedines aro concluded;or(c)secures from the holder of the lien aning�yge�aertie satisfrtaoryto Lender subl4tlinating the sten to this Securitylnstrwmeat If Lender determines that anypart of thePioperi�y is subject to a lien which OM attain priority over this Secuntylnstrument,Lendertr�uly give Borrower a notice identifying the lien.Within 10 days of the date on which that notice Is given,Borrower shall Y the lien or take one or more of the actions set forth above la thli'Section 4, Lender may require Borrower to pay a one-time charge fora real estate tax verification and/or reporting service used by Leil4er In connection with this Loan. 5.1-Property Lusts rn nee.Harrower shall keep the improvements now existing or tan caller erected on the Property insured against loss by fire hazards included within the term"extended coverage,"and any other hazards including,but not limited to,asthquakes and floods,for which Insuranc.This lruuranceshall be maintained in the amounts (including dcducdble levels)and for the prods that Lender requires. What Lender requires pursuant to the preceding sentences cite change during the term of the Loan. The Insurance carrier providing the insurance shall be chosen by Borrower subject tr Lenders right to disapprove Borrower's choice,which right shall not be exercised unreasonably. Leader an$'rcquire Borrower to pay, in connection with this Loan.either. (a)a one-time charge for flood zone determination,certification and tracking services;or(b)a one-time charge for flood zone determination and certification services nor?subsequent chatsBes each time rernappmgs or simile:changes occur which reasonably might affect such determination or certficatioa. Borrower shall also be responsible for the payment of any fees imposed lay the Federal Emageney 'lanagernert,vgency in connection with the review of any flood sone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above,lender may obtain insurance coverage,at Lender's option and Borrower's expense. lender is under no obligation to purchase any particular type or amount of coverage.Therefore,etch coverage shall cover Leader,but might or might not protect Borrower,Borrower's equity in tins Property,or the contents of the Property,against any risk,hazard or liability and might provide greater or lesser covert than was pr:?`riouslyineffect.Borrower acknowledges that the cost of the insurance coverage so obbinedantslilimnily exceed the cast of lnsuuance that Borrower could have obtained.Any amounts disbursed byyLendrrunder this Semen'S s become❑ddtiorml debtof Borrower=wad by this Security Instrument These amounts shall bear interest at the Note rare front the d^tIs of disbursement and shall be payable,with such Interest,upon notice from Lender to Borrower requesting payment. '' Afandnsurance policimuited by Lender and renewals of such policies shall be subject to Lender's right to disapprove•,!'uch policies,shall l a standard mortgage clause,and shall name Lender as mortgagee and/or as an additional(t [payee.Lender shall have the right to hold the policies and renewal certificates.IfLender regtiires,Borrmver shall prornphy give to Lender all receipts of paid premiums and renewal notices.If Borrower obtains any form of Insurance coverage,to otherwise required by Lender,for damage to,or destruction of,the Property,such policy than include a standard mrttgegt clause acid shall name Lender as mortgagee and/or as an additional loss payee. In Ineevent ofiuss,Borrowarshallveppro�mmpytnotcetothe lusuranice carrier cad Lender.Lender may makep� of lass if nolinrdo promptly byBonower.U wander and Borrower otherwise agree In writing.any Insu rarce ptocads whether or r.� nce t the underlying insurawas required by Lender,shall be applied to restoration or repair of the Property,tf the restoratir or repair is economically feasible and Lender's security is not lessened.During such repair and restoration toWA legra't'mdly-Gime,na MWSreddla Mu UNIFORM INSTRUMENT Form 3016 1)01(pare 3 018 pug.) GOTOCCO1a7391) _ _ yr E-FtLED 2015 JUN 05 8:53 AM JOHNSON-CLERK OF DISTRICT COURT r_ • gopriod,Leader shall have the right to hold such insurance proceeds until Lander has had an opportunity to inspect suds qty to ensure the work has been completed to Lender's satisfaction,provided thatsecb inspection shall be undertaken promptly. Lender maydisburse proceeds for the repairs and restoration in a single payment or In a series of progresa payments as thb work is leted.Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds der shall not be required to pay Borrower any interest or earnings on such proceeds.Pees • for public adjusters,cc other third parties.retained by Borrower shall not be paid out of the Insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be • leasaeed,the Insurance proceeds shall be applied to the sums secured by this Security Instrument,whether or not then dee, with the excr4,if any,paid to Borrower.Such insuranceproceeds shall be applied in the order provided for in Section2. IfBetrower abandons the Property,Lender may fle,negotiate and settle any available insurance claim and related matters.If B d •ower does not respond within 30 days to a notice fromLeader that the insurance carrier has offered to settle a claim,then Laid=may negotiate and settle the claim. The 30-day peeled will begin when the notice is given. In either event,or if Under acquires the Propertyunder Section 22 or otherwise,Borrower hereby assigns to Lender(a)Borrower's rights to may idsurenca proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and(b)any miler ofBarrower•'s rights(other than the right to any refund of unearned premiums paid by Borrower)snide all • insurance polities covering the Property,lnsofhr as such rights are applicable to the coverage of the Property.Lender may use the insurance proceeds either to repair or restore thePropertyor to pay amounta unpaid under the Note or this Security Instrument,whether or not then due. 6. Cccupancy.Borrower shall occupy,establish,and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least ane year after the date of occupancy.unless Leader otherwise agrees In writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrowers control. 7. Preservation,Maintenance and Protection of the Property;Inspections. Borrower shall not destroy, damage or impair the Property,allow the Property to deteriorate or commit waste on the Property.Whether or not Borrower is residing in the Property.Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is of economically';easiible,Borrower shall promptly repair the Property if(Reneged to avoid Rather deterioration or damage.If insurance or ohademnation proceeds are paid In connection with damage to,or the taking of,the Property,Borrower shallbe r3 responsible fgr repairing or restoring the Propertyonly if Lender has released proceeds for such purposes. Lender ma 'ma disburse p for the repairs and restoration in a single payment or in a series of progress payments as the wog crt • completed the insurance or condemnation proceeds are not sufficient to repair or restore the Property,Borrower is, C__ relieved of Ids obligation for the completion of such repair or restoration. - " C Lea r or its agent omymake reasonable entries upon and inspections of the Property. If it has reasonable cease....{ = Lender may ect the interior of the improverr.ents on the Property. Lender shall give Borrower notice at the time ofgz" - prior to such interior inspection specifying such reasonable cause. --•-• S. 'orrnwen's Loan Application. Borrower shall be In default if,during the Loan application process,Borroisiti or any pasta or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materiallyfalssr,--- tT7 misleading, ,Inaccurate information or statements to Lender(or failed to provide Lender with material informadonj1r',..of i s 1 connection w the Loan.Material representations include,but aro not limited to,representations concerning Borrower'-a.. occupancy of" a Propperty as Borrower's principal residence. y--.' y, 9. tectton of Lender's Interest ha the Property and Eights Under this Security Instrument.-3i- ` co (a)Barroom...faits to perform the covenants and agreements contained in this Security Instrument,(b)there is a leg`a1, proceeding tips might significantly affec tLender's interest in the Property and/or rights under this Secuntylnsovmenst(scab as a proceedme in bankruptcy,probate,far condemnation or forfeiture,for enforcement of a lien which may attain amity C.11 over this Security Instrument or to enforce laws or regulations),or(c)Borrower has abandoned the Property,then I� fr' may do and pp"ay for whatever is reasonable or appropriate to protect Lender's Interest in the Property and rights under this Security Iastumnent,including protecting and/or assessing the value of the Property,and securing and/or repairing the Property,Lender's actions can include,but are not limited to:(a)paying any sums secured bye lien which has priority over this Security nstrunseat(b)appearing in court:and(c)paying reasonable attorneys'fees to protect its interest m the _ Property an r rights under this Security Instrument,including as secured position in a bankruptcy proceeding.Securing the Property: eludes,but is not limited to,entering the Property to make repairs,change locks,replace or board up doors andwindo drain water from pipes,eliminate bending or other code violations or dangerous conditions,and have utilities turned on or, Although Lender may take action under this Sectioa 9,Lender does not have to do so and is not under any duty or obllghtion to do so.it is agreed that Lender Incurs no liability far not taking any or all actions authorised under this Scalar 9. An �mou ntsdisburrsedbyLender•underthisSection9 shall become additionaldebtofEorower secured by this Security Ins at_These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such inthiest,upon notice from lender to Borrower requesting payment If this Security Instrument is on a leasehold,Borrower shall comply with all the provisions of the lease.If Borrower acquires fee fide to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10a'Mortgage ge Insurance.If Lender required Mortgage Insurance as a condition of making the Loan,Borrower shall pay dualiremiums required to maintain the Mortgage Insurance In affect.If,for any reason,the Mortgage Insurance coveraged by Lender ceases to he available from the mortgage insurer that previously provided such insurance and Borrower w erequired to make separately designated payments toward the premiums for Mortgage Insurance,Borrower shall pay the.gsermuma required to obtain coverage substantiallyequivalcat to the Mortgage Ins urnnce previously in effect.at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect,from an alternate tselected by Lender. If substantially equivalent Mortgage Insurance coverage is not available,Borrower shall continue get btu selected to pay to Leader the amount of the separately designated payments that were due when the Insurance ce coverage ceased to be in effect.Lender will accept,use and retain these payments as a non-refundable loss reserve in lleuofMortgage Insurance. Such loss reserve shall be non-refundable,notwithstanding the fact that the Loan is ultimately paid in full,and Lender shaltoot be required to pay Borrower tiny interest or earnings on such loss reserve.Leader can no longer requireloss reserve payments If Mortgage Insurance coverage(in the amount and for the period thatLender requires)providedby an insurer sclera by Lander again becomes available,is obtained,and Lender requires separately derig�s dpayments toward the premiarite for Mortgage Insurance. If Lender required Mortgage Insurance as a condition ofrmaldng the Loan and Borrower u 4a uired to make separatelydesignated payments toward the premiums for Mortgage Insurance,Borrower shall pay the ems required to maintain MortInsurance in effect.or to provide a non-refundable loss reserve,until Leader'sreq'mmeat for Mortgage Insurance ends In accordannca with any written agreement betwceBouawer andlender providing Id such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided In the Note. Myttgege Insurance reimburses Lender(or any entity that purchases the Note)for certain losses it may Incur If Borrower de not repay the Loan as agreed.Borrower is not a party to the Mortgage Insurance. Madge insurers evaluate their total risk on all such insurance in force fronttime to time,and may enter Into agreements with other parties that share or modify their risk,or reduce losses.These agreements are on terns and auditions that are sans*, tory to the mortgage insurer and the other party(or parties)to these agreements. These agreements may require the lttortgage insurer to make payments using any source of funds that the mortgage insurer mayhave available (which mayIitclude funds obtained from Mortgage Insurance premiums). Aft result of these agreements,Lender.any purchaser of the Note,another insurer,any reinsurer, other entity, or any sifilkte of any of the foregoing,may receive(directly or indirectly)amounts that derive from(or might bo characterized as)a portion of Borrower's payments for Mortgage Insurance,in exchange for sharing ar modifying the 5., IOWA,siaatel, artyFawdsMsdFrcddlaMacUIMBORMINSTguMSrtT Fon 5016 1101(pass 4ofapages) . 00701002a7Ydn ,,. .C: A . 1: ;l• _l [LED 2015 JUN 05 8:53 AM JOHNSON -CLERK OF DISTRICT COURT ;.r mortgage insurer's risk,or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer,the arrangement is often termed'captive reinsurance."Further. (a):Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortga Insurance,or any other terms of the Loan.Such agrt:ementl will not Increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. (b)Any such agreements will not affect the rights Borrower has–If any–with respect to the Me ge Insurance under the Homeowners Protection Act of 199a or any other law.These rights may include the right to receive certain disclosures,to request and obtain cancellation of the Mortgage Insurance,to have the Mortgage Insurance terminated automatically,and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancel/ail=or tenulmtion. Ila•Assignment of Miscellaneous Proceeds;Forfeiture.Ail IvfisceilaneousProceeds are hereby assigned toand shall be paid to Lender. If the Property is damaged,such Mlsceilaneous Proceeds shall be applied to restoration or repair of tbeProprrty,if the restoration or repair is economically feasible and Lender's security is not lessened.During such repair and restoration period,Lender shall have the right to!vitt such MiseellaneousProceeds until Leerier has had an opportunity to inspect Property to insure the work has been completed toLend&ssoiitfacllon,provided thatsth Inapeedon shall be undertaken promptly.Lender rnaypay for the repairs and restoration in a aingle disbursement or in a series of Foga=payments as dm work is colrlbteted. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellanedas Proceeds,Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds.Ifthe restoration or repair is not economicallyyfeasibte orLander'a security would be tweezed,theMrsxfancoua Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then duo.with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking,destruction,or loss in value of the Property,the Miscellaneous Proceeds shall be applied to the sums secured by this Security lnsWment,whether or not then due,with the excess,if any,paid to Borrower. In the event of a partallaking,destruction,or loss in valise of the Property in which the fair market value of the Property immediately before the partial taring,destruction,or loss in value is equal to ar greater than the amountofthe a urs secured by this Security Instrument immediately before the partial taking.destruction.or loss in value,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instilment shall be reduced by the amount of the , IVBscallanedus Proceeds multiplied bythe following fraction:(a)the total ammmt of the sums secured intmediatelybefore the t==, partial taking;destruction,or loss in value divided by(b)the fair market value of the Propertyimmediatelybefore the partial ci'+ laking.destruction,or lass in value. Any balance shall be paid to Borrower, C"` In Ehe event of a partial taldng,destruction,or loss in value of the Property in which the fair market value of dun CE--- Property immediately before the partial taking,destruction,or loss in value is less than the amount of the sums se = ediatelybefore the partial taking.destruction,or lass in value,unless Borrower and Lender otherwise am=in we "` — ""� irnm the M1sc buck.eousProceedsshallbeappliedtothesumssecuredbythisSecurityInstrumentwhetherornottheacmessrktpat< due. Cal I_x If It Property is abandoned by Borrower,or ifafter notice by Lender to Borrower that the marOpposingl Ir tr–f^1 defined in tie t sentence)offers to make an award to settle a claim for damages,Borrower fails to respond to Xe,. l f t within 30 days after the date the notice is given,Lender is authorised to collect and aply the Miscellaneous Proceeds elthed'gl to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or not then PI! ,'"'^ "Opposing Party'means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower'la has a right of action in regard to Mlscellaneaus Proceeds. - •• Borrower shall be in default if any action or proceeding.whether civil or criminal,is begun that,in Len forte judgment,could result in forfeiture of the Propertyor other material impalrmentoflender's interest in the Property or rights under this Security Instrument.Borrower can cure such a default ned.ifnccelerailon has occurred,reinstate p% Section 19,try causing the action or proceedinngg to be dismissedwitherulingthat,lnLender'sjudgment,precla des ofthePropetlyy or other material impairment of Lender's interest in the Propertyorrights under this Secuntylnstmrneni The proceeds of^my award or claim for damages that are attributable to the impairment of lender's interest in the Property are hereby ass ed and shall be paid to Lender. A Miscellaneous Proceeds that are not applied torestoratlon or repair of the Property shall be applied in the order provided folia Section 2. Llii Borrower Not Released;Forbearance By Lender Not a Waiver. Extension of the time for payment or modificatod'ofamortizaton of the sums secured by this Security Instrument granted byLender to Borrower or anySuccessor in Interest o f Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shaltilotbe required to commence proceeding'against arty Successor In Interest ofBorrower or to refuse to extend time for payineat or otherwise modify amortization of the sums segued by this Security Instrument by reason of caydemand made bytheorigmalBorrower orany Successors inlnterestofBorrower.Any forbearance by Lender iaexemssmgany right or remedy including,without limitation,Leader's acceptance of payments from third persons,entities or Successors in Interest of Borrower a-in amounts less than the amount then due,shall net be a waiver of or preclude the exercise of any right or remedy. 13'JointandSeveralLiability;Co-signers;Successors and Assigns Bound. Borrowercovenants end agrees that Borrower's obligations and liability shall be joint and severaL However any Borrower who co-signs this Security Instruauatbitdoes not executethe Note(n"co-slgncr"):(a)isco-siRniogthis SecurityInstnunentontytomortgag grant • and convey We co-signer's interest in the Property under the terms off this SecurityInstrumenr(b)is not personaaffllyob�gated to pay the silos secured by this Security Instrument and(c)agrees that Laader and airy other Borrower can agree to extend, mo�ddihffyy forbear or make any accommodations with regard to the terms of this Securitylnstmmentorthe Note without du:co- signds consent. Subject to the provisions of Section 18.any Successor In Interest of Borrower who assumes Borrower's ObUguticus under this Se urifyInstrument in writing,and is approved byLeader,shall obtain all ofBorrower's rights and benefin under this Securitt:Insttnment. Borrower shall not be released from Borrower's obligations and liability under this Secu Instrumenteitiese Lender agrees to such release in writingg.Thecovenants and agreements of this Security Instrument shall bind(except=provided in Section 20)and benefit the successors and assigns of Lender. Ina.Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default,for die purpose of protecting Lender's interest in the Properttyy and rights under this Security Instrument,Including. butnot llmktpddto.attorneys'fees,pmpertyins pectlonand valuationfees.Inregard toany other fees,the absence ofrxxpress authority in'ttris Security Instrument to charge a specific fes to Borrower shall not be construed as a prohibition on the cht argingofchfee.Lender may not charge fees that are expressly prohibited bythis Security Instrument orbyApplicable If tine Loan is subject to a law which sets maximum loan charges,and that taw is finally interpreted so that the intenteat or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits,them(a) any such loait charge shall be reduced by the amount necessary to reduce the charge to the permitted limit,and(b)any sums aireadycelleibtcd from Borrower which exceeded permitted limits will be refunded to Borrower.Lender may ct>oose 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,tliq reduction will be treated as a partial prepayment without any prepayment charge(whether ornot aprepnyment chamois prOvided for under the Note).B orrower's acceptance of anysuch refund rnade by thrwt payment to Borrower will constitute waiver of any right of action Borrower might have arising out of such overcharge. 11.0 Notices. All notices given by Borrower or Lender In connection with this Security Instrument must be in writing.AuymlficetoBorrower incomrectonwith this SecurityInstrunnentshall bedeemed tohave beengiven toBorrower lOWAStnglethrait oats pled die Mae UNIFORM1NSiRUhIBNt Form 3016 1/01(page Jr'8poor) r t • 1. 00l0(001a5110) .', k.._ t., 1i r t16101caO c ." Oa 14tiii NINON ill I (rafvaB/n9i1oe11011 910E=RI .W'HW:12I1SN1 24116.IThZn 1.it.Pwd)n1Uelmet-llameiRAMS-YA WI • alligmasa uoprpuo3Aar(3)pm'commas sn Amp ramps somous)somg-oral mllugassp Jusoira'2U)IdiAss 'vppalpglou{nq$ncp !'mop!=3I6ivanuuarnugrtusq)'a8palmou3fw nrnaeseglan. so4Vw a14do Mn�PIN1 O m aouulsgns=opium;;hits pun ow rin[onm ford oannpd so Aauaau Asuitt ,lar so puoamanalll AumAg rope row soMummyaxj Mummy'am e[ Vogt sanmAle(e)jo oopou non pen soma/imp Apduuud pe[1�gysrveo>:og •(smnpoid somnsuoa m saourosgns snopsrrzeq o poglup sou mq'8uipnpu!)Asndam mp)a o m uapumeut cop=tommat Truism o)olepdosddn oq of pozry2ooatAsitucmo8 am imp saausisqus unopseznl;;o eappnnnbnatdsp Al t:data out tioo;3um is 13'ma'aauasard nip of Adds lou)Tugs sxluuaas am.)3mpaaald nm•1,loradQJd ogl;o Gln ow siva hpssynpe 1141 uoml!puOam saleua'aourosgns snopsezugn;o moms JO'am'aauason)air or imp'wogs(o)jo'aop}puo3 (nItainuosrnus/us salmaa gamgM(q)'mei(esuou[uw{AUSI Are 3o uone!o!n in St 1941(a)Aisadard 041 Su*O n ZujtpCnn 'op or auto Quotas Mope sou'op iou pugs snmossog ow mu m uo'saouinsgns wlopmenn Am amp of momso'saoumsgiSsnopsea91Aus oseaioiio'a tomsgasods!p'asn roovasnidowlin 1 .. nasalsatoo imp synagog •dnaeanlalmamoBnugae leapaswsmposo'01oinqusuoa'annmaU23TM110!igpioo0susaiUtonwoppiptWaaOsinus, m us(p)pun:mei somaos!nsrd in pangap ee hmttas pspans to'wpm ppawas'uor•,a osuodsaiq•Alio sapn(ouj„drmmj (ennw0ossnug„(a)tuo!lomos ImuamtoiAUaiOdla;it9' 1saq al R2212111111113011/001 st ApsadQJM 0141 asamM uoppjpslmfogi10 SAM pun smml!mom 91113-4113„mei ppuaumannug„(q) snssasnm Onnouompspus'apAgpiut ugsoso16a4es !ultimo wpm='nsuanoos amnion•sapp?q.m4 putt sopppsact oleos '9ionpotd oma{anad aixup 10 osgmsmmlj sagio `211nsota3i '011110SRS mtnolaltgns$uynopt3 amp pun puow icopu a Aq Sa19UM JO'slusinims!•9Qauaingns enopsemq so arm se paugap9a0amtgntWOipRIZ..s $gnSmopmef„(n):jZuot)MMSampU!pasnsy•s..tuelm nssn0 'LZ pZ uonaaS sup;o sools!Aad uomsae Dnp nsloo 0181 os tltun poddo pun aupon am Aja,ns o1 pamaap og pegs 8L mpna o1 tacnsmsm d satog os aania3 aoppcessntaaae jo aaaoa nip punze sultan co luensiud sanusuog Ol O aim 01 h runlsoddo pun nopmsapoonso aopou oyy'4dti2r.md sigiso sasodutdsag slquuosnat oqt�lpa uraap eq win popid nip se41'Uwpsl ass ueo sops Immo a ojaq asdep luau ipu polrad onus s sapmnwdMuiaigm!Idoy.0'mops onpoauoo or[et 01 wpm gam 3o 2arndl ams sage pound njgeuoscas a olasaq hued mipo ow pupsope pun gmeasq pa8altn gun 3o (Si uonaaS;o swotaaonbas amp wpm osuemidmoo Ui unnm8 aoposlons tpsm)And soma ago paypou set)sapu0 i so soMosmg gam(pun yaouwlsuj Amnon sign'o aossns Aq Immo Alnp bus so 3o uosslnord bug pogasntq seg And moo tap few sa8yilusum sonuwrlsuIh1TnlaaS sap opmound smonon sAared sago nip wag rasp)lump(sola a Josagmaui;qi sotudlpp lsupmnmpw ae=PP Su)uotlos lsmnipnr Lon o1 pou!of aq m hoof`aauaumaoa Anus sopuoi sou snnuuog satpush! d 4 01014 alp hq papinatd asumuotpo salon sassgsard*sem 041 hq morn-SI/am am pun soamnsas morj sosssaans tf' �PT PaJa3�en ag so.2mnmS asci 041 mink mswas TWA 5M0uo17 01 suoA illigo eammAn5 0001 08a2110t3 otp'ZION olilo mselomd ow tram rayl°sxmnras uncri it hq paha$U8tri omp ratrosatp pus plot Si a1o11 ags;j •Supmnsps}01a;s�ug;o=pas 41st uopauu aoa w mambos yasaa uopeuuo;um agpo hue pun opus oq pinSIu gs OU snowier gwgm di ssaami. , nso'j a$1e Moa Jap 3o scusp[ru pun auugu 0412nos pmt gigs dun in o41;o aopou uouisM yang)oq loom mmwiOg'saa btnS U1101 nap 3o a8ueia n s!riot •n1og ow so oils a a1 poiupmn=Inns mai ow 3O sallunqo wow so auo og 148mm ospt amgy 'Mui aigwl[ddypua'ullu a 1UjAppnaosapp`@ION041spunsuopniggoSupmnsosuntoQ4I&uomaim43osuuoJadpuslaaluazsuI 1,11-11"0:5_61111 P030/014041.10Pun onp sluawtsd ampomndsmaapwrum(„JQO!mos use i„mil se amour{)Ahura sei'(si+austran um gum ampslm apse y'mmossog of aa!rou sopa=wins sump wow so oat pins og¢ea(itrsummsu Munn S slgupM 11 ! 4 ) pON mg aotp imamIspsud s to MON guy•aauuARIJO jo aapoi l:minas ueaj 30 Oaaug3:atom bo aiU$,'OZ 8I norms sop=uopnm[aaon;o asua nip U!Aid de lou eggs 0201s17721 50 s42p app`nAQMoj;1Pa1.111M0 pug Uo121312l0030 0{t t sitpa enaga App mums pegs Agony pain=nsuops2pgo pun ivammnsuj Alamos tow'samouo hg luawain1Su!as urn •ra;sussy spud apawaamg(P)so,htpua Jo h1[leluawNlsum'tau98s lerapaj a Ag prim!ass sl1sodap mown UOpmgsU OR uodn lump sl pogo gout Am papmnosd'lamp sdams=so,pn4a s,sannssa o'rpaga lung'vamp pagprrs(o)'Jam sohnua1l(q)!goo(n) =pun Aq pamaps su'stung Sammono;ow do atom so sun us sasuadro pun sums pn50zmsumr tans And pamosrog mtp 0smbattsca nput i pa2ungotm mon=pugs•tuamnnsiq AlmonS pimp bq pamaas sums nip Aid of um:WA N°s,saMnuog pup'tunwunsul Almon tial mom 14311 Pus Alradmd ow us.ramp 9,arptal p omen a)nimbus Algauosiras but Jtaptrri w momsRaps Basra)(P)pm Q�4sui Assuoas sup Japan sit s pun h1 s�d 041 rn lsalapu spapunj 2u1pu1osd jo osadind Jap so;possums sowsa410 pun'soag uopergun Pug uopaaddd9u!tpndosd'saw,&ausasse Ojgtuossal'02 pagtu i ;au lug'3ulpnpout luoum.gemgAgin anS enp 8otrrojua us pasmav7 easu0dsm Its shod(3)tsiunwaaA8 m QUouanO3 tamp Aae3o gntgoPhUe aura(q)tpaunuao pug uonmmpoas ou;s se soom sop pue mown sir!Assuan s!gl sapun asp 04 Ping&sow gam& stuns ire sopurj shed (t)tnmouog imp ase suoplpuoa asoma,')OamiussujAlums ergs Salamgmn IUaul2pn(e;o Aim(o)so!amass!a t o1142p s,somouou;o uopmuiuuui nip sa;As mods ig2mm M1rj olgealiddy se pound sow°spas(g):iaoumnsuj Allman ism um pautmuou apes 3o synod dos m launsmd tsmdatd nap.o QM=jog sAsp Ong(tt)go pope*nip ti stud aunt bun m pnnupuoastp luau uisur iuna0s s!cn 30)uaumatost a anmq W lgfu otp oneq pegs.mAouog'shuogmpUOn 5091170 mow nmaUOgdl'Jap aramowropy mamma 0)1g2(g 9,sansOsso�i••GE '22/20130$uo ptu'hoops°oapo1 saylsn;rno41!n mouonst911 Amps stop Aq paumwrod samara:h e a0!onto Asa mpurj'potmd smtp;o uopvgdeo oq)01 sopd sums asatp And co tile;snMosiog;j luawnsisuj Capons sup Aq porton sums pebadtsntu samossog 4014M a14114%Ci uonaaS 1pnnoouspsooas ul uonl8 s{vain=a41 asap amp otos}shsp OE slap 3'1/2110113t potnduapmnnrdpups zpouagl •uostcsainas;onopousamonoganm8rag sopuoi`uopdosapsaRomeo mpptturjj•g } •mmri om sorrirddd kg pmigmmwd sl nspsaxa Irons]�mpan•Aq paspnra og sou Reg n0pdo sm41'sanaaoj{ 11nauniisuj Alpnaag sigh&g pumas stuns T1n jo!P8 u1•ivawhnd a>alpQ50as osmbas -AIUI roman'tmsu0o yawn solid t uapvnl mope.(j»sm;cassl so pros s{satauog to asuman temagaUag11 p nosmd ':'Munn a lou sr;sa&Ouog so)paumss ajsso pros sg Amapa owam lsamuj Sus so hssadwas413o l d aInt so CZ) •sosuyamd a 01 amp arm;s m WROXFOS Act vpp30.a;sUsm s14o14M3oImaputo4,hmaurnu8sMtsosaso1Nnooasaxestuourlln)Sul'poopso;tannuon'paapso;puogsta!pauaseuell 6^"'"° t:,.j g1svnlul Teia80uaq mow'01 pm1mj lou 1nq'2u pnpnj'Auadosd amp u1 IEOJwul ppgnunq so saw hue opus jssndosd 4p luilsonauL,'13juo S6141ulPymsy•rassauos3uiis9n !wimp tniigesoAsadosdegsjosa;sssail'sI $.:=..+ C.,.)3- ivawnnsuI A1noOS masa put mom 04130 Adoa ammo agog aaqq puns nmouoq •Adn3 auauogg •A l!� 110D311110D311ll 50 Ale nusoma!Igo AUe mom LIM° s,s narssip coos sang,Anur„psora -verso)pm Merin own puetumid a4l apnlans pun unto pugs roams aql um 61311201(q)•rpuo8 aurowpmg3O ipsot Jo spsoM ) zvengupmodssumoopniouspumas peg sopua8aum[notmwotpjoslum(r)aUatultglltjApannSowurpaspsy •uo!s)noid Supalguoa ow lno4,1M iOn F ( ' equsaRntm4MOONnpto1uatunysvihipnaastnP3osuotssnadsatpopapsloupegslolpuootpns'ioI�geal1ddy .•t,. s'wan0Notpsoluommuisvjbip 0S1!413oasireso0 pols[nwd/uelegIIOOAOngsaj iasZsoahglua22 e2su1128a uolmgmttwd a se pansssumn;glom'gags oatuom gm;tnq yuo(is 0141g8pu 11 soiassluoa hq oos8e o1 toped ow Mills Aptal1dwt N soApppdzosy2ruuMoloigaagddy'MeIeigaamlddvJo suomlmmmnpas ssuaurumtxiiAra oltn(gtt nsalanuu,Wsujbma iuS ems us paumalaoa sucps2!19O pun 524X IN 'Immo!Sr Auadosd ala gal4M mel uopnmpsuns atp 3a Mal alp Q1e mei lempol Ag paurnno2 014 pug 1uanmusoi Almon spa wale s:mmop]o soma 1dt11Sgnaanagg.essri StgoranoD •9 aol hpupp ooS 6143 mn lUomas$tibat 801Pmsdta 03 nip h3 1u50nmnlet pram luaaraslnbas mei oiqual!ddy nip'Msri atgmlmddy nuptm paw osle es airman sal AllmoS sup bq pannbas wpm.Aran Jr swihq pantasas A1momon pm J.11%14101=AA usog 0Ae1.1w pau Sep eq iou pugs wawswst thi!xn aS 6I41so*aopa0uuo3 um Samson Any •amouog CO 0apou Ag stamps nolo=pnguSosap 6114 npuoi sso1n along Pang ssarpps s,.repun-I OaIrmo ssnpasup ps2W,sswhgJOal2msanlnpbqun egpugs sopuc1O1napouAts+y'•nwpinto haepsruactnnsuI4111 uS 13µp sapun stamp repots palms msap opo Alto 0g hear ongy •amp000sd pog!aads 1611 l2nomp tramps o temp n UOdar Amo pegs ssMasog now 'ssasppu;o tango a fans uou 2upmdas so;ampoaaid a sagpods•npuoi •$siupps;O autism sAemawogdt saptisrI'tJ7) Apdwwd 11541 s5M0.110u •.spm of capon Aq=pinaap1y ap ns nsgop19 Pop f84 g ammo s 6su py tndord 041 oq pugs a4•L '�1 41 i ni 6146311MV S lu 0310,3 flu m 0opon amtpsuoo 111146 samouog 0110 bus 0lospoM•AnnulJo41t gluaupssalppeppm s,mmnuOsi50P n110pAR9mosUa4msainswsmapisr[1Agpa![nmuogk A l�ifl00 .OIa1Sla JO N1 1310 - NOSNHOf INV£5:8 50 Nnr S40Z O3i d-3 • EFILED 2015 JUN 05 8:53 AM JOHNSON - CLERK OF DISTRICT COURT presence,ate or release of o Hazardous Substance which adversely affects the value of the Property.IfBonower learns,or is notified by any governmental or regulatory authority,or any private party,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary.Borrower shall promptly take all necessaryrcreedlal actions in accordance with Environmental Law.Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Security Instrument(but not prior to acceleration under Section 18.unless Applicable Law provides otherwise). The notice shall specify:(a)the default;(b)the action required toMire the default;(e)a date,riot 1e69than 30days from thedatethenoticeisgiventoBorrower,bywidth the default must he cured;and(d)that failure to cure the default error before the date specified In the notice may remit in aleration of the sums secured by this Security Instrument,foreclosure byjudldaiproceeding andante of theProper .The notice shall En-titer inform Borrower ofteferlghttoreinstate after acceleration and the right to assert in tieforeciosnreproceeding the non-existence ore d' nliorany other defense ofBorrower toacceleration and foreclosure. If the default is not cured on or before the date specified in the notice,Lender at Its option may require imtttediate payment in MI of all suns secured by this Security Instrument wlthoutfitrtherdemand and may foreclose this Security Instrument by judicial proceeding Lender stall be entitled to collect all avulses incurred in pursuing the remedies provided In this Section 22,including,but not limited to,reasonable attorneys'fees and costs of title evidence. 23. Release. coon payment of all sums secured by this Securittyylnstrument.Lender shall release this Security Instrument'Lender may char c Borrower a fur for releasing this Security Instrument but only if the fee is paid to a.third party for services rendered and the charging of the fee Is permittedunder Applicable Law. 24.Waivers.Borrower rnlloqulshesall righto df wa ndwaivesallrightofhotnesteadanddistributivesharein and to the Property. Borrower waives any right of exemption as to the Property. 2St IIOM1tSTEADEXEMPTIONWAIVEIL IUNDERSTAND THAT HOMESTEAD PROP RTY�7tII+1 cn MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDY L, r: r SAL •AND THAT BY SIGNING THIS MORTGAG I VOLUNTARILY GIVE UP MT RIGHT TO tIELS C� I PROTE a• FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPON�IS...t - ®� ORT C'7 — .1/11111 May 3.2003 —t t7 CJI 3 A l�Gr y-� brsly S.C ipbell [Date) ="' • ice' 9 Pete] 26;Redemption Period.If the Property is less than 10 acres in size and Lender waives In any foreclosure pro- ceeding any roceedingasy righttoadeficiency kid!anent against Borrower,theerlodofredemption from judicialsale shell bereducedto6 months. If the court finds that the Property has been abandoned Borrower and Leader waives any right to a deficiency judgment against Borrower,the periodof redemption fromJudici sale shall be reduced to 60 days. The provisions of this Sect.on 26 shall be construed t_o caaiform to the provisional of Sections 628.26 end 62827 of the Code of Iowa IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE,NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED.YOU MAY CHANGE THE TERMS OF MIS AGREEMENT ONLY BY ANOTHERWRItTEN AGREEMENT. BY SIGNING BELOW.Borrower accepts and agrees to the terms and covenants contained in this Security Instaumenrund in anyRider executed by Borrower and recorded with It. Witnesses: • • rmb , 6 (Seal) B wcr Klmbor S.Campbell (Sea) • Borrower .i. (Seal) Borrower 1,1 (Seal) Borrower • • IOW& aPrnily-•FarnilaMadFrcde:,MacUNIFORMINSTAL:MIT7t• Fenn 3016 1101(paae7af8palu) WIIIIIMPFr:AMMO! G010(001a7391) E-FILED 2015 JUN 05 8:53 AM JOHNSON -CLERK OF DISTRICT COURT r , [Space Below This Line For Acknowledgment] STATE OF Iowa ss: COUNTY OF Johnson ) On this 5th day of_ May 2005 ,before me,the undersigned,a Notary Public in and for said county and state,personally appeared:Kimberly S.Camnhe.Il.a elnele person to me personally{mown to be the person(s)named in and who executed the foregoing instrument and acknowledged that she executed the same as her voluntary act and deed. My commission expires:08/14/21307 141 c sbanl«ara��bar,9rs�a446444 �i e!� ! Notary Public in and far unty and State Christine L Fehlberg Cr [Space Below This Line Reserved For Lender and Recorder 1. m cn CJl I � B rn rn r - a r IOWA-31410 Stally Mae LI'fr'ORM INSTRUMENT Face 3916 Val(par 8 of 8 papa) 11111111111111111111111 IOWA STATE RANK & TRUST.C�' � Gorcom o E-FJLED 2015 JUN 05 8:53 AM JOHNSON - CLERK OF DISTRICT COURT • RIDER TO MORTGAGE is This Tax Exempt Financing Rider made this date,is incorporated into and shall be deemed to amend and supplement the Mortgage of the same dale given by the undersigned(the'Mortgagor')to secure the Mortgagor's Note to Iowa State Bank and Trust Co _(horeln,the'Lender)and covering the property property described In the Mortgage(the'Property`)to which this rider Is attached. The provisions hereof shall prevail notwithstanding any contrary provisions In any rote or other instrument which evidences the obligations secured by the Mortgage. As long as the Mortgage Is held by the Iowa Finance Authority or backs a mortgage-backed security held by the Iowa Finance Authority,Countrywide Home Loans,Inc.(the'Serviette')or such of its successors or assigns as may by separate instrument assume responsibility for assuring compliance by the Mortgagor with the provisions of this Rider,may declare all sums secured by the Mortgage to be Immediately due and payable lb (1) all or part of the property Is sold cr otherwise transferred(other than by devise,descent or operation of law)by the Mortgagor to a purchaser or ether transferee: (a) who cannot reasonably be expected to occupy the property as a principal resIdence within a r' reascnablo limo after the sale cr transfer,all as provided In Section 143(c)and(1)(2)of the internal Revenue Code of 1906,as amended(the'Cate');or (b) who has had a present ownership interest In a principal residence during any part of the three-year period ending on the date of the sale or transfer,all as provided in Socllon 143(d)and (1)(2)of the Code(except that the language"1Moroni'shall be substituted for"95 percent or more"whom the latter appears in Section 143(d)(1)),unless the property la In aTargeted Area;or (c) of an acquisition cost which is greater than°A percent of the average area purchase price(greater ti-an 110 percent for Targeted Area residences),all as provided in Section 143(e)and(i)(2)of tilt, Code;or c en (d) who has a gross family Income not in excess of applicable median family income;all:me-e. provided In Section 143(f)and(I)(2)of the Code;or k:y r r"- (2) the Mortgagor falls,or ceases,to occupy the property described in the Mortgage without the it a5 (.I1 written consent of the Mortgagee or Its successors or assigns;or r"(t 4... (3) tit?Mortgagor omits or misrepresents a fact that Is material with respect to the provisions otn 143 of the Code in an applIcaUon for Mortgage which secures the Note. eez CO References ere to the internal Revomao Code of 1986,as amended,In effect on the date of the execution of the'It Mortgage and are deemed to Include the Implementing regulations. By signing below,the Mortnagor(e)nrcupts end agrees to the terms of this Tax Exempt Financing Rider. Date: • ' arr. er1 Co-Borrower Kimberly S Campbell ` Typed Name Typed Name STATE OF IOWA j ) )es COUNTY OF 10hV'1,e)ti- On this 5 d8p of May ,a tZ ,before me appeared Kimberly S Campbell to me known to be the persons)described In the foregoing instrument,and who,being by mr'Ilrst duly sworr,exec" /the foregoing instrument and acknowledged,deposed and said that ha/she/they oxer uted the same as'Who- 'r free act and deed and elated that the Inf.rmatlon a d certifications contained tl)emin are true and correct. A-1 ` '/AY CH R;STINE t.,FcHLuERG Not Public in and I. :County of • f :'aster etwnber 197934 Nolan/ ,State of Iowa e'en Expires • r • - My Commission Expires: S•/4'1101 ') MRB 14 E-FILED 2015 JUN 05 8:53 AM JOHNSON -CLERK OF DISTRICT COURT 100503-1 AFFIDAVIT STATE OF IOWA ) ) SS COUNTY OF POLK ) I, Benjamin W. Hopkins, depose and state that I am one of the attorneys for Plaintiff in this cause;that I am a regular practicing attorney engaged in this case; that there has been no agreement, express or implied, between myself and my client, or between myself and any other person except attorneys associated with me in this case, for any sharing or division of the attorney fees to be taxed herein. I certify under penalty and perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct. Dated as of this 4th day of June, 2015. ii/ ,1'.,,•v jirr'ns AT0003573 0 � _«r C VX' i rn • ': 9? 7-., f - r- 4 rr END OF CASE FILE CIVIL PROCESS WORKSHEET JOHNSON COUNTY SHERIFFS OFFICE • PO BOX 2540, 511 S CAPITOL ST, IOWA CITY, IA 52244-2540•(319) 356-6030 PLAINTIFF: TRINITY EPISCOPAL CHURCH Docket No 15-02277 State IOWA vs. Court No CVCV077386 County JOHNSON DEFENDANT: CITY COUNCIL OF IOWA CITY Ref No Received 07/02/2015 Requestor(s) Phone WARNOCK, CHRISTOPHER (319)358-9213 532 CENTER ST, IOWA CITY. IA 52245 Name CITY COUNCIL OF IOWA CITY Zone Party Type DEFENDANT Phone Cell Address 410E WASHINGTON ST Fax Ofc IOWA CITY IA E-Mail Employer Comments Documents Document Serve by Date OE PSR Description/Special Instructions ORDER 08/03/2015 ORIGINAL NOTICE AND . I PETITION ——— WRIT OF CERTIORARI Service Infolarrlinlir Date t� \ 7 Time c Q Type C t$1/4. 6 0)VI Party 01A,f'I w 4\ \CQ ( 1' Relationship r_ ci Q( L Race \A../ Sex r DOB Location LCI 0 C ii,*(vth Jq to/1 � \ Miles Fee Officer 1 Attempts Log Date Time Server Notes Date Time Server Notes GJ7 Notes: a-3!-C t r. 741-1;1* irn a 4141 ( = 0 !/I6_7/ iZ ) o La ent C11(41,14(.4) Printed:Thursday,July 02,2015 Johnson County Sheriffs Office Page 1 of 1 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY TRINITY EPISCOPAL CHURCH, ) CASE NO. (VC 7-7-36- G PLAINTIFF, ) vs. ) CITY COUNCIL OF IOWA CITY, ) ORIGINAL NOTICE DEFENDANT. ) TO THE ABOVE NAMED DEFENDANT: CITY COUNCIL OF IOWA CITY 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 any documents filed with it are attached to this notice. The attorney for the plaintiffs is Christopher Warnock, whose address is 532 Center Street, Iowa City, IA 52245. That attorney's telephone number is (319) 358-9213. You must serve a motion or answer within 20 days after service of this original notice upon you and, within a reasonable time thereafter, file your motion or answer with the Clerk of Court for Johnson County, at the county courthouse in Iowa City, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the petition. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at 319-398-3920 ext-1105. (If you are hearing impaired, call Relay Iowa TTY at 800-735-2942). C% O L "Y w STATE OF IOWA JUDICIARY Case No. CVCV077386 County Johnson Case Tale TRINITY EPISCOPAL CHURCH VS CITY COUNCIL OF IC THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING. Therefore,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless you obtain an exemption from the court,you must file your Appearance and Answer electronically. You must register through the Iowa Judicial Branch website at http://www.iowacourts.state.ia.us/Efle and obtain a log in and password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court. FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING,REFER TO THE IOWA COURT RULES CHAPTER 16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM: http://www.iowacourts.state.ta.us/Efile FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS, REFER TO DIVISION VI OF IOWA COURT RULES CHAPTER 16'http://www.iowacourts.state.ia.us/Efile Scheduled Hearing: If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district ADA coordinator at (319)398-3920 . (If you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942.) Date Issued 06/30/2015 02:30:01 PM f• ir• -or- sh -::.-,-^( C • �t I f,� t° -=i a' r- •- pi �.� _ - r w District Clerk of Johnson County /s/ Alison Meade E-FILED 2015 JUN 29 9:41 AM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY TRINITY EPISCOPAL CHURCH, ) Plaintiff, ) CASE NO. V6 ) vs. ) PETITION ) for CITY COUNCIL OF IOWA CITY, ) WRIT OF CERTIORARI ) Defendant. ) COMES NOW, Plaintiff, Trinity Episcopal Church, by and through their attorney, Christopher Warnock, and in support of their Petition against the Defendant, City Council of Iowa City, states to the Court as follows: 1. The instant action is one part of a larger controversy over the zoning and development of municipally owned property located at the corner of Gilbert&College Streets in Iowa City. ("Gilbert &College parcel"). 2. Iowa City made a request for proposals to develop the Gilbert& College parcel with proposals due August 31, 2012. Iowa City picked Marc Moen's proposal for the Chauncey Tower development in January 2013. 4. On February 25, 2015 an application was filed by local residents seeking to have the Gilbert & College Parcel zoned CB-5 (central business commercial transition zone with a height limitation of 75 feet). This application was denied by the Iowa City Council on May 14, 2013. A petition for certiorari, ICATS v. City Council of Iowa City, CVCVo 5599 was filed challenging the denial of rezoning on June 10, 2013 eltunmlby j ' ient granted in favor of the City on April 29, 2015. Notice of appeal was ;aa • led ly4015 and the case is currently on appeal as ICATS v. City Council, 15-849. i �t) a=1 kra C=+ 1 • E-FILED 2015 JUN 29 9:41 AM JOHNSON - CLERK OF DISTRICT COURT 5. On or about January 2015 Iowa City staff sought to amend the Iowa City Comprehensive Plan to expand the Riverfront Crossing district zoning, which allows for CB-10 zoning, to include the Gilbert& College parcel and other land located within the Civic District. On February 5, 2015 the Iowa City Planning and Zoning Commission, by a vote of 5-1, failed to pass the Comprehensive Plan amendment. The failure of the amendment before the Planning and Zoning Commission triggered a supermajority requirement before the Iowa City Council. On March 9, 2015 the City Council failed, by a vote of 5-2, to pass the Comprehensive Plan amendment. 6. Despite the failure of the Comprehensive Plan amendment, on or about April 2015 City staff went forward with an application to rezone the Gilbert&College parcel to CB-10 (central business commercial with unlimited height) to allow for the Chauncey Tower Development by Marc Moen. On April 16, 2015, the Planning and Zoning Commission, on a 3-3 vote, failed to approve the CB-10 zoning application. 7. On April 23, 2015, Plaintiff Trinity Episcopal Church filed a zoning protest pursuant to Iowa Code §414.5. The protest was rejected by the City. 8. On June 2, 2014 the City Council, on a 4-2 vote, approved the application to rezone the Gilbert &College parcel to CB-10. On June 8, 2015, on final reading, the City Council, again on a 4-2 vote, gave its final approval to CB-10 zoning for the Gilbert &College parcel. 0 ter? 701 t r- r � t 2 • , ' E-FILED 2015 JUN 29 9:41 AM JOHNSON - CLERK OF DISTRICT COURT COUNT ONE: VIOLATION OF THE IOWA CITY COMPREHENSIVE PLAN 9. Under Iowa Code §414.3 all municipalities that wish to exercise zoning powers must have a comprehensive plan and all zoning must be in accordance with the comprehensive plan. 10. The City Council's June 8, 2015 vote to approve CB-10 zoning for the Gilbert &College parcel was made to accommodate the Chauncey Tower development. The Chauncey Tower will be a 15 story building on the Gilbert&College parcel which, on information and belief, will be the tallest building in Iowa City. 11. The current Iowa City Comprehensive Plan specifically states that the Gilbert &College parcel is to be a transition zone between the downtown area and residential areas. 12. Therefore CB-10 zoning for the Gilbert&College parcel, allowing for unlimited height and thus the tallest building in Iowa City within in a transition zone, is illegal under the Iowa City Comprehensive Plan and in violation of Iowa Code §414.3. COUNT TWO REJECTION OF TRINITY'S PROTEST 13. Under Iowa Code §414.5 if a written protest is filed by twenty percent of the owners of property within two hundred feet of the zoning change then a supermajority of the city council members must approve a zoning change. 14. Plaintiff, Trinity Episcopal Church, owns more than twentcerof the.", private property within two hundred feet of the Gilbert&College par: a, m Cat) O 3 E-FILED 2015 JUN 29 9:41 AM JOHNSON - CLERK OF DISTRICT COURT 15. Plaintiff timely filed a protest, but the City rejected it on the grounds that property owners, as defined under §414.5, encompasses public land including land owned by the City itself. 16. Plaintiff asserts the Legislature did not intend for the right of protest to attach to public land, but enacted the protest provisions of§414.5 as a protection for private property owners. 17. As Plaintiff owned more than 20% of the private property within 200 feet of the Gilbert& College parcel, Trinity's protest was improperly rejected by the City and CB-10 zoning for the Gilbert&College parcel was illegally approved on less than the required supermajority vote. WHEREFORE, Plaintiff requests that a Writ of Certiorari issue and the City Council's approval of CB-10 zoning for the Gilbert & College parcel be found to be illegal. CHRISTOPHER WARNOCK AT0009679 532 Center Street Iowa City, IA 52245 (319) 358-9213 chriswarnock@gmail.com ATTORNEY FOR PLAINTIFF _ _O Ci c.n ?'C 1 -r 1 rn O 4 E-FILED 2015 JUL 02 1:33 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY TRINITY EPISCOPAL CHURCH Plaintiff(s), CASE NO. 06521 CVCV077386 vs. ORDER CITY COUNCIL OF IOWA CITY IOWA Dated: 07/02/2015 Defendant(s). On this date. Plaintiffs' Motion for Issuance of Writ of Certiorari came before the undersigned for review. The Court finds that, on June 29, 2015, Plaintiff filed a Petition for Writ of Certiorari. The Court finds the Petition is sufficient to support issuance of the writ of certiorari and that a writ should issue. The Court orders the Clerk of Court to issue the writ of certiorari commanding Defendant to certify to this Court, on or before August 3, 2015, the complete record of the proceedings complained of in the Petition, as well as any other records pertaining to the facts of the case now before this Court. IT IS THEREFORE ORDERED that a writ of certiorari issue and be served on Defendant as provided by law, returnable to the office of the Johnson County Clerk of Court in Iowa City, Iowa, on or before August 3, 2015, and that further proceedings then may be held as necessary and appropriate. Clerk to notify. --i Cr) rn ra` rn o-r- 1 of 2 -116 E-FILED 2015 JUL 02 1:33 PM JOHNSON - CLERK OF DISTRICT COURT -.4.-rt,,,.. E,,1 P i p' State of Iowa Courts Case Number Case Title CVCV077386 TRINITY EPISCOPAL CHURCH VS CITY COUNCIL OF IC Type: Other Order So Ordered 6";-A- (9, i (/ /L-)29L5L-N-- Paul D.Miller,District Court Judge, Sixth Judicial District of Iowa Electronically signed on 2015-07-02 13:33:53 N Q .11) C./+ ...,. C) r `.... --1 m -v rns w :G cz 2 of 2 • E-FILED 2015 JUL 02 2:02 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY Case No. 06521 CVCV077386 TRINITY EPISCOPAL CHURCH Plaintiff-Petitioner(s) WRIT OF CERTIORARI vs. Without Bond CITY COUNCIL OF IOWA CITY IOWA Defendant/Respondent(s) Clerks Docket Events are:WOAT, WOCT, WOHC, WIDA,WOIJ and WRIT To the Sheriff of JOHNSON County, You are hereby commanded TO SERVE WRIT OF CERTIORARI ON DEFENDANT AS PROVIDED BY LAW Other(specify) SEE ATTACHED COURT ORDER AND PETITION DESCRIPTION: Date: 07/02/2015 Requested by ATTORNEY CHRISTOPHER WARNOCK; RESPONSIBLE FOR ARRANGING SERVICE /s/ALISON MEADE, DESIGNEE CLERK OF DISTRICT COURT ;' '.,+ JOHNSON COUNTY IOWA abs,. r " a 1'Aililaii) a C71 C °"i €D..< I ri C) CTI ``Crr "a ler 0 Cc CIP? Y` o r E-FILED 2015 JUL 02 2:02 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY TRINITY EPISCOPAL CHURCH Case No. 06521 CVCV077386 Plaintiff-Petitioner(s) Proof of Service vs. Writ CITY COUNCIL OF IOWA CITY IOWA Date Writ Issued: 07/02/2015 Defendant/Respondent(s) Docket Event Code: RSOT PROOF OF SERVICE Date of Service Fees Date Served Mileage Who Served Total Address Served County Sheriff By , Deputy '444 r .1012 r0 W Q END OF CASE FILE • William R. Stiles fr`, DICKINSON LAW (515)246-4551 / 7•t:l:r 0;;u;I ickar;.fin Tylt:, d FidaLq P C. wstiles@dickinsonlaw.com OW May 13, 2015 Johnson County Board of Supervisors Iowa State Department of Agriculture 913 S. Dubuque St., Suite 201 Wallace State Office Building Iowa City, IA 52240 502 E. 9th St. Des Moines, IA 50319 Brad Corner Iowa City Assessor Iowa City Community School District 913 S. Dubuque St. 1725 N. Dodge St. Iowa City, IA 52240 Iowa City, IA 52245 Johnson County Ag Extension Council Iowa City Clerk Marian Karr 4265 Oak Crest Hill Rd SE Iowa City City Hall Iowa City, IA 52246 410 E. Washington St. Iowa City, IA 52240 Kirkwood Community College FILE7-11 Area 6301 Kirkwood Blvd SW Cedar Rapids, IA 52406 NAY 1 5 2015 City Clerk Re: Assessed Valuation Litigation Settlement (2011) Iowa City, Iowa FROM: William R. Stiles Special Counsel for Board of Review for Iowa City Hy-Vee, Inc. owns certain real estate and improvements located in Iowa City, Johnson County, Iowa, known as Tax Parcel Number 10-15-460-004, and bearing a street address of1720 Waterfront Drive, Iowa City, Iowa. The City Assessor valued that property and improvements at $6,251,980.00 for 2011. Hy-Vee, Inc. appealed to the Board of Review which upheld those amounts, and then Hy-Vee, Inc. appealed to the Johnson County District Court. The issues in this case centered on the value of the real estate and improvements. As is often the case in assessment valuation appeals, additional information is obtained from the taxpayer, providing new information to allow the Board of Review and Assessor to reconsider the propriety of the initial assessment. Consequently, the parties in this case have reached an agreement without the necessity of an actual trial. In this case, an agreement was reached with Hy-Vee, Inc. regarding the assessed value of the above property for the years 2011. 699 Walnut Street,Suite 1600,Des Moines,IA 50309 Phone: 515.244.2600 Fax: 515.246.4550 www.dickinsonlaw.com DICKINSON,MACKAMAN,TYLER&HAGEN,P.C. May 13, 2015 Page 2 Thus, the agreement reached provided that the real estate and the improvements on the property will be assessed at $6,100,000.00 for the year 2011. The litigation has been settled by mutual agreement at that figure. In accordance with Section 441.44 of the Iowa Code, you are being provided notice of that settlement. If you have any questions or concerns, you may call me at the above telephone number. Very truly yours, / William R. Stiles • . AGA 61‘16-4) roLFD c.Aer, MAY 152015 City Clerk Iowa City, Iowa END OF CASE FILE E-FILED 2015 JUL 02 2:02 PM JOHNSON - CLERK OF DISTRICT COURT , IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY Case No. 06521 CVCV077386 TRINITY EPISCOPAL CHURCH Plaintiff-Petitioner(s) WRIT OF CERTIORARI vs. Without Bond CITY COUNCIL OF IOWA CITY IOWA Defendant/Respondent(s) Clerks Docket Events are: WOAT, WOCT, WOHC, WIDA, WOIJ and WRIT To the Sheriff of JOHNSON County, You are hereby commanded TO SERVE WRIT OF CERTIORARI ON DEFENDANT AS PROVIDED BY LAW Other (specify) SEE ATTACHED COURT ORDER AND PETITION DESCRIPTION: Date: 07/02/2015 Requested by ATTORNEY CHRISTOPHER WARNOCK; RESPONSIBLE FOR ARRANGING SERVICE /s/ ALISON MEADE, DESIGNEE 1. CLERK OF DISTRICT COURT 4q- '�;t_1... JOHNSON COUNTY IOWA 4. , 44,- OP 0 awn fo? 1 ia- "-'=* 3c 0 �' O r IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY THE BANK OF NEW YORK MELLON EQUITY NO. EQCV077259 FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-BC4 Plaintiff vs. PATRICK D. BRENNEMAN and DAWN R. NOTICE OF INTENT TO FILE WRITTEN BRENNEMAN, husband and wife; CITY OF APPLICATION FOR DEFAULT IOWA CITY; GREENWOOD MANOR; VILLAGE GREEN HOMEOWNERS ASSOCIATION; and UNITED STATES OF AMERICA ACTING THROUGH THE INTERNAL REVENUE SERVICE Defendants TO: FLEI City of Iowa City MAY 2 9 2015 c/o City Clerk 410 E Washington St. City Clerk Iowa City, IA 52240 !owe City, Iowa Village of Green Homeowners Association do Joseph Holland 123 N Linn St. 300 Brewery Square Iowa City, IA 52245 Greenwood Manor do Briarwood Healthcare Center 605 Greenwood Dr. Iowa City, IA 52245 DATE OF NOTICE: May 27, 2015 • IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A DEFAULT JUDGMENT WILL BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD SEEK LEGAL ADVICE AT ONCE. CUNNINGHAM & KELSO, P.L.L.C. Michael J. Cunningham, AT0001829 2830 100th Street, Suite 106 Urbandale, Iowa 50322 Phone No.: (515) 278-4200 Facsimile No.: (515) 278-4655 E-mail: mcunningham@urbandalelaw.com CERTIFICATE OF SERVICE The foregoing instrument was served upon City of Iowa City, Greenwood Manor, and Village Green Homeowners Association a by depositing a copy thereof in the United States mail, postage prepaid, in envelope addressed to each of the party(ies) at their respective addresses on May 27, 2015. The undersigned declares under .en of perjury that the foregoing is true and correct. ; :.. _ Fn MAY 292015 eLc : F;)?a Ir ce- ( z4- ) City Clerk CA Cie r � Iowa City, Iowa END OF CASE FILE • • CIVIL PROCESS WORKSHEET • JOHNSON COUNTY SHERIFFS OFFICE•PO BOX 2540,511 S CAPITOL ST, IOWA CITY, IA 52244-2540•(319)356-6030 PLAINTIFF: UNIVERSITY OF IOWA COMMUNIT Docket No 15-03500 State IOWA vs. Court No EQCV077623 County JOHNSON DEFENDANT: CITY OF IOWA CITY Ref No 7021-334 Received 10/20/2015 DEFENDANT: STATE OF IOWA DEFENDANT: GREGG, KENT HOLM DEFENDANT: SPOUSE OF KENT H GREGG DEFENDANT: PARTIES IN POSSESSION Requestor(s)_ Phone RAIBER, CRYSTAL K. (319)351-1056 P.O. BOX 1757, IOWA CITY, IA 52244 Name CITY OF IOWA CITY Zone Party Type DEFENDANT Phone (319) 356-5030 Cell - Address 410 E WASHINGTON ST Fax Ofc IOWA CITY 34588 52240- E-Mail Employer Comments BY SERVING THE CITY ATTORNEY Documents Document Serve by Date OE_PSR Description/Special Instructions MORTGAGE MEDIATION ❑ NOTICE ORIGINAL NOTICE AND PETITION S crve ii a Information .7 ` (/ Date —1 0 - aV lime I ( tom 0 Type ` 1 '�'C e O V t er Party 'Ofv1 jC(�r f r Relationship C t 'k� C I of lL L� 1 © G kis/C:611:14 9 )r.� Race Sex � DOB Location Miles Fee Officer P attempts Log — — --- — i Date Time Server Notes Date Time Server Notes Notes: Printed:Tuesday,October 20,2015 Johnson County Sheriffs Office Page 1 of 1 • IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, NO. Plaintiff, o VS. `-'' 2 KENT H. GREGG; SPOUSE OF KENT H.GREGG, IF ANY; """.•CITY OF IOWA CITY; LUCILLE GOODSON; 47-) C STATE OF IOWA, IOWA DEPARTMENT OF HUMAN ;<<��T -a in SERVICES; DUANE L. GREGG; C - CORINNE E. GREGG; and ANY AND ALL �' N UNKNOWN PARTIES IN POSSESSION OF THE REAL PROPERTY LOCATED AT 724 RONALDS ST. IOWA CITY, IOWA Defendants. ORIGINAL NOTICE TO THE ABOVE-NAMED DEFENDANTS: You are notified that a petition has been filed in the office of the clerk of this court naming you as a defendant in this action. A copy of the petition (and any documents filed with it) is attached to this notice. The names and address of the attorneys for the Plaintiff are Lynch, Michael & Raiber, L.L.P, by Crystal K. Raiber and Rachel A.D. Marquardt, P.O. Box 1757, Iowa City, Iowa 52244-1757 . The attorneys'phone number is 319-351-1056; facsimile number: 319-338-6834. 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 located at the Johnson County Courthouse, Iowa City, Iowa. If you do not,judgment by default may be rendered against you for the relief demanded in the petition. This case has been filed in a county that utilizes electronic filing. General rules and information on electronic filing are contained in Iowa Court Rules Chapter 16. Information regarding requirements related to the protection of personal information in court filings is contained in Iowa Court Rules Chapter 16,division VI. If you need assistance to participate in court due to a disability, call the disability coordinator at (319) 398-3920, Ext. 1105. Persons who are hearing or speech impaired may call Relay Iowa TTY (1- 800-735-2942). Disability coordinators cannot provide legal advice. (SEAL) IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. STATE OF IOWA JUDICIARY Case No. EQCV077623 County Johnson Case Title U OF I COMMUNITY CREDIT UNION V GREGG, ET AL THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING. Therefore,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless you obtain an exemption from the court,you must file your Appearance and Answer electronically. You must register through the Iowa Judicial Branch website athttp://www.iowacourts.state.ia.us/Efile and obtain a log in and password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court. FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING,REFER TO THE IOWA COURT RULES CHAPTER 16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM: http://www.iowacourts.state.ia.us/Efile FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS,REFER TO DIVISION VI OF IOWA COURT RULES CHAPTER 16'http://www.iowacourts state.ia.us/Efile Scheduled Hearing: If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district ADA coordinator at (319)398-3920 . (If you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942.) Date Issued 10/07/2015 10:55:55 AM 0r4TR ►�.t �O 4 •ar .` . "• _ ilitt) -10 ri7 r r r II r .t�i3� fvw w Distract Clerk of Johnson County Is/Wendy Lonngren Mortgage Mediation Notice You are receiving this notice because (1) your lender believes that your mortgage is seriously delinquent, or (2) a foreclosure petition was recently filed against you. The purpose of this notice is to inform you that help is available through Iowa Mortgage Help, aState of Iowa-sponsored program. e is available Iowa Mortgage Help is a group of organizations partnering with the Iowa Attorney General's Office and the Iowa Finance Authority to offer all Iowans access to free, confidential mortgage counseling with local organizations located right here in Iowa. Iowa Mortgage Help is here to assist you in working through your situation. Please call 1-877-622-4866 as soon as possible. The earlier you call, the more options that are available to you. When you call, you will be referred to a trained, professional counselor who will listen to your situation and offer free, confidential advice through each step of the process. In some cases, we are able to work with lenders and borrowers to restructure mortgage terms. While we are not able to help everyone, we are able to help the majority of homeowners who call Iowa Mortgage Help. The fact that a foreclosure petition may be or has been filed against you does not necessarily mean that you will lose your house. It is NOT too late. There is still time for help. Do Not Delay. This may be your best chance to save your home from foreclosure. Call 1-877-622-4866 today or go to IowaMortgag ieip.c m. This free call could save your home. -=i - : E-FILED 2015 OCT 06 2:36 PM JOHNSON-CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, NO. Plaintiff, a vs. C" y KENT H. GREGG; SPOUSE OF KENT H. GREGG, IF ANY; CITY OF IOWA CITY; LUCILLE GOODSON; No STATE OF IOWA, IOWA DEPARTMENT OF HUMAN :74i -17 M SERVICES; DUANE L. GREGG; --- 5 . CORINNE E. GREGG; and ANY AND ALL UNKNOWN PARTIES IN POSSESSION OF THE REAL =" w PROPERTY LOCATED AT 724 RONALDS ST. IOWA CITY, IOWA Defendants. PETITION IN EQUITY NOTICE THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL 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 University of Iowa Community Credit Union, by and through its attorneys, Lynch, Michael & Raiber, L.L.P., by Crystal K. Raiber and Rachel A.D. Marquardt, and for its Petition in Equity, states as follows: E-FILED 2015 OCT 06 2:36 PM JOHNSON-CLERK OF DISTRICT COURT 1. Plaintiff University of Iowa Community Credit Union is a credit union lawfully doing business with its principal place of business in North Liberty, Johnson County, Iowa. 2. The last known address of Kent H. Gregg is 1208 Gilbert Ct. Iowa City, Johnson County, Iowa. 3. The Defendant, Kent H. Gregg, and any spouse of Kent H. Gregg, may be a married couple. 4. On or about July 30, 2012, Defendant Kent H. Gregg, executed and delivered a Home Equity Line of Credit(hereinafter "Note") to Plaintiff, a copy of which is attached hereto and incorporated herein, marked Exhibit "1". The Note is in the principal sum of Fifteen Thousand Dollars ($15,000). The initial interest rate of the Note is 4.74%. The Note provides for payment of monthly installments of principal and interest,with full balance due on August 15, 2017. 5. To secure said Note, Defendant Kent H. Gregg on or about July 30, 2012, made, executed and delivered to Plaintiff a written Open End Mortgage(hereinafter "Mortgage") creating lien on the real estate described therein, a copy of which is attached hereto and incorporated herein, marked Exhibit"2". The Mortgage covers the property located at 724 Ronalds St, Iowa City, Iowa which is the following described real property in Johnson County, Iowa: Lot 7, Block 12, Original Town of Iowa City, Iowa, according to the plat thereof recorded in Book 1, Page 116, Plat Records of Johnson County, Iowa. This Mortgage was duly filed for record on August 14, 2012, in Book 4961, Page 156, in the records of the Recorder for Johnson County, Iowa. 6. Defendant Kent H. Gregg is the owner and holder of said real estate. "Na Cv) en 7. Defendant Kent H. Gregg is now delinquent in his payments on the Note. ) C.)-; n) C.� CM E-FILED 2015 OCT 06 2:36 PM JOHNSON-CLERK OF DISTRICT COURT 8. Lucille Goodson is added as a defendant herein because she may claim some right, title or interest in the property which is the subject of this action pursuant to a judgment in Case No. EQCV061562. 9. State of Iowa, Department of Human Services is added herein because the Child Support Recovery Unit may claim some right, title or interest in the property which is the subject of this action pursuant to a judgment in Case No. EQCV061562. 10. City of Iowa City is added as a defendant herein because it may claim some right, title or interest in the property which is the subject of this action pursuant to a judgment in Case No. ICCISC0861 14, but any interest of such defendant would be junior and inferior to that of Plaintiff. City of Iowa City is also added as a defendant herein because it may claim some right, title or interest in the property which is the subject of this action pursuant to mortgage recorded on November 29, 1988, Book 1036, P. 469 in the records of the Recorder of Johnson County, but any interest of such defendant would be junior and inferior to that of Plaintiff pursuant to Iowa Code § 614.21. 11. Duane L. Gregg and Corrine E. Gregg are added as defendants herein because they may claim some right, title or interest in the property which is the subject of this action pursuant to a mortgage recorded on September 16, 1992 in Book 1432, Page 332 in the records of the Recorder of Johnson County, but any interest of such defendants would be junior and inferior to that of Plaintiff pursuant to Iowa Code § 614.21. 12. Spouse of Kent H. Gregg, if any, is added as a defendant herein because they may claim some right, title or interest in the property which is the subject of this action, but any interest of any spouse of Kent H. Gregg would be junior and inferior to that of the Plaintiff. �^ Q .r o ftp Ci'-• �'i E-FILED 2015 OCT 06 2:36 PM JOHNSON -CLERK OF DISTRICT COURT 13. Any and all unknown parties in possession of the real property located at 724 Ronalds St. Iowa City, Iowa, are added as defendants herein because they may claim some right, title or interest in the property which is the subject of this action, but any interest of such defendants would be junior and inferior to that of Plaintiff. 14. The University of Iowa Community Credit Union has a mortgage lien dated April 27, 2007 and recorded May 4, 2007 in Book 4155, Page 417 in the records of the Johnson County Recorder, that is not subject to this foreclosure and remains in full force and effect. 15. Plaintiff gave Notice of Right to Cure pursuant to Iowa Code Sections 654.2B and 654.2D, and more than thirty(30) days have passed since the notices were given, and the default has not been cured. A copy of the Notice is attached as Exhibit"3" and is incorporated by reference. 16. In accordance with the provisions of the Note and Mortgage, upon default, Plaintiff gave a fourteen (14) day notice of acceleration and demand for payment of the accelerated balance pursuant to Iowa Code Section 654.4B, and fourteen (14) days has passed since the notices were given. A copy of the Demand is attached as Exhibit"4" and incorporated by reference. 17. The Mortgage provides in the event of default, suit, and foreclosure that Plaintiffs attorneys' fees shall be paid by mortgagor. Plaintiffs' attorneys attach their affidavit for such fee as required by statute, which is attached hereto, and incorporated herein, marked Exhibit "5". Plaintiff requests such attorney fees in this matter. 18. The Mortgage provides in the event of default that Plaintiff may procure a continuation of the abstract, obtain insurance for the property, pay taxes on the property, pay assesstments and add such amounts to the Mortgage debt. These amounts become a part of the Morgge h '' "1 c-a ru indebtedness and are secured by the Mortgage. `"` , E-FILED 2015 OCT 06 2:36 PM JOHNSON-CLERK OF DISTRICT COURT 19. Plaintiff is the owner and holder of said Note and Mortgage. 20. In accordance with the provisions of said Note and Mortgage, Plaintiff has heretofore declared and hereby declares the entire indebtedness thereunder immediately due and payable. 21. Said Mortgage provides that if default shall be made in the payment of said Note or any part of the interest therein, the Mortgage may be foreclosed upon; and Plaintiff,by the commencement of this action, does elect to foreclose on the Mortgage based on the nonpayment. 22. That the Defendants, nor any of them, are or have been at anytime during the preceding six (6) months members of any of the Armed Forces of the United States of America and are not entitled in any way or manner to the benefit or relief provided by the Service Members Civil Relief Act. 23. Plaintiff waives its rights to a deficiency judgment in this matter. 24. After crediting the amounts paid on said Note secured by said Mortgage there is now due and owing Plaintiff from Defendant Kent H. Gregg on the Note: A. An unpaid principal balance on the Notes, as of September 4, 2015, of$14,573.25. B. Interest as provided in the Note on the unpaid principal balance to September 4, 2015, in the amount of$969.66, which includes late charges of$195.00. C. Interest as provided in the Note, on the unpaid principal balance as of September 4, 2015, to date of filing herein, which interest currently accrues at the rate of 4.740%per annum in the amount of$1.8925 per day. WHEREFORE, Plaintiff prays for judgment in rem against the above described real estate and Kent H. Gregg for$15,542.91, on the Note, together with interest on the$15,542.91 r <. principal portion thereof at the rate of 4.740% per annum from September 4, 2015, o-ateA' filing of this petition, plus interest at the rate of 4.740% per annum on said judgment-frond �. V7 E-FILED 2015 OCT 06 2:36 PM JOHNSON-CLERK OF DISTRICT COURT after the date of filing of this petition,plus all reasonable attorney's fees, taxes, assessments, insurance, abstracting fees, and the costs of this action. PLAINTIFF FURTHER PRAYS that said Mortgage be established as a prior lien against the real estate above described and as superior and paramount to the interests, lien, and claims of each and all Defendants and that said Mortgage be foreclosed and all claims, rights, title, and interest of the Defendants in this suit, and each of them, in or to or upon said real estate, may be decreed to be junior and inferior to the rights and lien of this Plaintiff, and that the right,title, and interest of the Defendants, and each of them he forever barred and foreclosed. PLAINTIFF FURTHER PRAYS that special execution may issue for the sale of said mortgaged real estate or so much thereof as is necessary to satisfy Plaintiffs judgment, together with interest, cost, and accruing costs, to satisfy the judgment to be entered herein. PLAINTIFF FURTHER PRAYS that in the event the Defendant Kent H. Gregg files a demand for delay of sale herein, the execution sale be delayed for a period of not more than two months from the entry of judgment in the event the mortgaged real estate is not their residence, and for a period of not more than six months from the entry of judgment in the event the mortgaged real estate is his residence, and hereby waives any right to a deficiency judgment against Defendant which might arise out of this proceeding. PLAINTIFF FURTHER PRAYS that if possession be not immediately surrendered to the grantee in the Sheriff Deed to be issued under said execution, a writ of possession may be immediately issued directing the Sheriff of this county to put such grantee in possession of the mortgaged premises. C-^ O 5y ' •-1-1 -< ry ' o t Irv: -b iv cr, E-FILED 2015 OCT 06 2:36 PM JOHNSON-CLERK OF DISTRICT COURT PL.AINTIFF FURTHER PRAYS that in the event Plaintiff is required to advance any further sums for taxes or insurance upon the above described real estate,Plaintiff be given an additional lien against the real estate for the amount so advanced. PLAINTIFF FURTHER PRAYS that upon further application by Plaintiff a receiver be appointed to take charge of the mortgaged premises at once and to hold possession of the same until the debt is fully paid and that all rents and profits derived from said premises be collected and applied by the receiver toward the satisfaction of plaintiffs judgment. PLAINTIFF FURTHER PRAYS for such other and further relief as may be just and • equitable in the premises. LYNCH,MICHAEL&RAIBER,L.L.P. i By / rtal K. Raiber#AT0009768 By (o e . v Rachel A.D. arquardt# " "! ._ 1402 Willow Creek Ct/POB 1757 Iowa City,Iowa 52244-1757 TELEPHONE#319-351-1056 FAX: #319-338-6834 receptionist@Igm Iawyers.com crystal@Igmlawyers.com ATTORNEYS FOR UNIVERSITY OF IOWA COMMUNITY CREDIT UNION STATE OF IOWA, COUNTY OF JOHNSON, SS: b I, Wesley Felton,being first duly sworn on oath,depose,and state that I am a V ��- President/Supervisor of Collections of the University of Iowa Community Credit UnietiO jaintiff r.) r--- e7-1 r Cf E-FILED 2015 OCT 06 2:36 PM JOHNSON-CLERK OF DISTRICT COURT in the above-entitled action;that I have read the foregoing Petition,know the contents thereof, ip,and the statements therein are true and correct as I v• 'ly believ-. esle Fe on Subscribed and sworn to before the this ?„1j7 day of_(SQA ar ,2015 KIRSTIN M POSSEHL ~ u. Commission Number 78907$ My C mis io Expires Iowa Notary Pub______ZAZis r•w . , J,1IVI ;w N O r-. c.n 'i:'...---r ---1 -#:`) O t -1 -7 tci-J .:0'. w C., E-FILED 2015 OCT 06 2:36 PM JOHNSON -CLERK OF DISTRICT COURT Creditor: UNIVERSITY OF IOWA COMMUNITY CREDIT UNION FIXED RATE 825 MORMON TREK BLVD. HOME EQUITY LINE OF CREDIT IOWA CITY,IA 52248 5 YEAR This disclosure contains Important Information about our Home Equity Line of Credit. You should reed it carefully and keep a copy for your records. 1.AVAILABILITY OF TERMS.All of the terms described below ore subloct to change.If these terms change and you decide.se a result,not to enter Into an agreement with us,you are entitled to a refund of tiny fees that you have paid to us or anyone else In connection with your application. 2.SECURITY INTEREST.We will take a security Interest In your home.You could lose your home If you do not meat the obligation In your agreement with us. 3.POSSIBLE ACTIONS,Under certain dreumstancee,we can: A. Terminate your line of credit and require you to pay us the entire outstanding balance In one peymeni; B. Refuse to make addlllorlal extensions of credit;and C. Reduce your credit limit We can terminate your line of credit and require you to pay us Ow entire outstanding balance In ono payment If: A. You fell to make a payment within 10 days of being due;or B. Your action or Inaction adversely affects the collateral or our rights In the collateral. We can refuse to make additional extensions of credit or reduce your credit limit IF. A The value of the dwelling securing the tine of credit declines slgnhficanlly below Its appraised value for purposes of Oho line o+credit; B. We reasonably believe you wit not be able to meet the repayment requirements under the line of credit due to a material change in your financrat circumstances, C. You era in default of a material obligation of the agreement; 0. Government action prevents us horn Imposing the annual percentage rate provided for In the agreement,or Impairs our security Interest such that the value of the interest Is less than 120 percent of the credit limit on Ste line of credit;or • E. A regulatory agency has nolleed us that continued advances would constitute an unsafe and unsound practice. • 4.MINIMUM PAYMENT REQUIREMENTS.You can obtain credit advances for 5 years. During this period.payments will be due monthly.Your minimum monthly payment wit equal the greater of the following: 4 525.00;or • 1.000 percent of the loan account balance on the Iasi day of the billing cycle. (Billing cycle ends on the last day of each month) The minimum payment amount will be rounded to the nearest$•01. Whenever a fiat dotter amount Is used to determine the minimum payment however.the minimum payment will be rounded to the nearest$.01.The minimum monthly payments may not be sufficient to fully repay the pnnclpai that Is outstanding on your line of credit of the end of 5 years. If they are not,you will then be required to pay the entire balance In a single payment. 5.MINIMUM PAYMENT EXAMPLE.II you made only the minimum monthly payment and took no other credit advances,It would take 5 years to pay off a credit advance of Si 0,000.00 of an ANNUAL PERCENTAGE RATE of 6.750%.During that period,you would make 69 payments varying between$100.68 and$77.73,with a final payment of 57,738.20. 6 760%is an example of en ANNUAL PERCENTAGE RATE we have offered recently. The annual percentage rate Includes only interest and not other costs. 8.FEES AND CHARGES,To open end maintain a line of credit,you must pay the following fees to us: • Documentation $125.00 (due et closing). You must carry Insurance on the property that secures the tine of credit. 7.REFUNDABILITY OF FEES.If you decide not to enter Into this plan within three days of recelvind this disclosure and the Home Equity Booklet,you are entitled to•refund of any lee you may have already paid. 8.TAX DEDUCTIBILITY.You shout('consult a tax advisor regarding the deductibility of Interest and charges for the line of credit. ry 0 d tm "r•C") C.)""4: fV ,.... k • Thus is not a commitment to make a loan.You hereby acknowledge receipt of this t(s400/ Home Equity Plan Disclosure ane a copy of the Home Equity Brochure on Signature , Date today's date, Signet:1re --- -�---- Date Rr 1989,2003 WoltersHh rwer Ramos'Sermons•Bankers Systeme^'Fwm EXHIBIT "' (page f oft) E-FILED 2015 OCT 06 2:36 PM JOHNSON - CLERK OF DISTRICT COURT Nome Equity Line of Credit .. This is a consumer credit transaction, Lender Borrower University of lows Community Kent H Gregg Loan Number Credit Urania Agreemont Date 07/30/2012 $2S Mormon Trek Uivd, 724 Ronald. Street Credit Until 5 15,000,00 laws City,IA 5114$ Iowa City, IA 522415 Trans.Anel. r Metudry Dale 08/15/2017 G.vu r.,lly Account ae unt BWe u reit begirning of 0•eb day,sod add eny. new adr.ncs,and Definition*.In hila Agreement.these ferret have the allowleg m s.The reheats any payments credits the appy m debt rgsymml and any unpaid ptonowu you and your Ida to all Borrowers signing that Agreemen jointly nes clang,fes and 0banga.This gives to dot Duly Halem c. end individually,end tach other person or legal°Illy that agrees to pay this Agreement.Ire,ar,and our refer to the Lader.or any person or legal entity that The p0f1O1ua rano reed in calculating the FINANCE CHARGE if sequus an hMemsl in the Line of Creditjgreemeat refers to thin Home Equity 0129116 %and the earespoadmg ANNUAL PERCENTAGE Linc of Credit,end any extensions,renewals,eodlOodons orae.bstitutia u of IL RATE is rromoction Account mune as account you carry with w.Tho Transaction 6 74 %.The annual peruerwge rate islander Interest Account number it staled el die beginsmm g of this Agreement dun: uk w6001°Wer • Withdrawn(Acetum incurs the account tial you have with us from which your Minimum Payments may be autwnum iutly withdrawn.The Aumetk Ih rYli'vnl Tc,nas W itldrswal Account number is • Minimum Pnlmem man,the mL m paym,err amount ren hod under the Payment on rbOats.a the P the tom ateof o Alone a ycie in w ►k thorn twig e Minimum Payment suction.Psryarrnr Link is the payment due date u provided be doeonor Macre d'e our. Dam r any nucha CycleayN which ecu is an on your periodic statement,',Credit Limit mesas the maximum amount of wuWdlag balancem your sentml.Your Minimal Payments will be due principal we will permit yea[0 owe m under alb Lino of Credit,at say ane time. monthly,beginning 09/15/2012 . Your Craig limit is stared at do top of this Apcnnrrnl Line a//Credit refers te Minimum Payment.Do or beam cock Parroted Date,you ante w make a thin transaction generally,including obllgaallom and dudes err ting from the earn of all documents prepared or submitted Cor this transaction weir es applications, layormt of at tem t►e Mkimum Pryment artronrnt. cocariry agreements,discloawp,end this Agreement.Loon drtount Monte The Minimum Payment will equal the following: means the sum of the unpaid principal balance advanced under rho lawns of ahs Agreement,Bnannechuyes,Mess,and other charges that are due,Rod other 1.0%of ate Loan Account Balance on the lest day of the billing cycle or$25.00. ...Jets advanced to you mothers undo the tens of thh Line of Credit whichever is greaten(Billing cycle ends oa the lent day of each mooch) Pieper°,exam any reel or personal property that locums your obligsdom uhda the Line of Credit, Rounding.The Minimum Payment will be rounded to the newest S 01. Payment Al Maturity.On the Mouthy Dale you must pay the entire Cilie important amu aro defined throughout this Agreement. omslanding Loan Account Balance Protegee to Pay.You promise to pay tat or our order,al our address,or et such Principal Reduction. oilier location es we may designate.so much of the Credit Limit as rug be advanced wider this Armenian.plus ilium.ilium.charges.fere,charge.eons.and Draw Period r_,During the Draw Poiret.the Minimum Payment will t expecsu es described Ill t hlr Lina of Credit. not reduce LE! say not fuay:way ate principal balmier outstanding Agreement Term.Thlt Agreement beginson the Agreement pan an gest Lean Account BeW+ee The Drew Period also begins on the Agreemelt Due and is the Final Payment.At maturity,you rows pay the mount of any remandog Loan 60 month period during the tem of rho Agreement Account HWnec oolaleodiag.The Minimus Paymnu may not be tuftieieutt that you may request*dowers. folly repay uteprinclpa that is oWarinding on your Gen If they moot,you w01 he royahed to pay the mum outstanding balence In s single balloon payment At Tex DaducllbRlty.You should consul)a us elriwr reputing the deAaculrOky that imp,we may,but am sot obligated to,rdimsoe Uric Lice of Credit.If we • of interest and Outlet under this home equity plan do rcfwnu this Live of Credit at maturity,you understand that you may have k ray Proctor an orae dosing cart,normally aaoo;ated with a new loan. Advances _ Additional Payment Terms.If your Loan Aoeoum Balance on■Payment Advance Methods.You may request advances by the following methods: Deme is leas than the Minimum Pero.'amount,you men pay only the amour[ necessary to reduce your Loan Account Defence to aero or to any required P..) • You draw Tmaalon Account below SD.00(ly(ggervrg Boloneel Minimum Mame if you othwise fail to hurry pay the Alrnkawv Payment �„_ You request a your Trsnavral in person, amount,we may,but ere ant required to,ad mato money to you is.make the • You request a withdrawal by phone. peyanL All the terns of this Agreemeat will apply to such m arlvenoe.Subject d G.a'a to any roquirod Minimum Bslenw,you can pay ofrell or put of whin you owe •,,'tel"n C3 • You request a withdrawal by mall. at any lime.If you pay more than the Mkimum 1 Payment amount you must =i'' n..ai 1 wallet.You request ea advance by wing ow Homo Banking wchska tlto make yo paialie Minimum Pagano uth otherwise required by -� n j this Agreetent. ---.1 We vela realm Use advance by advancing the amount directly t you,depositing It Holm otherwise anted or narked by applicable law,payments and whet N) 00..... in your Tranaetiea Account,or by Peydg a designated third person or*COMM credits will be applied Brat to any charges you owe other than principal and ---fjs`•••• We will mead the amount as an advance and Increase your loan Account fumes°hurge,two to any dnaeeocaarae that ere due.end finally to principal. `� C� Bo. No Imo chine will be assessed on any payment when tiro only delinquency is "'v " R''� Advance Llmltationa.We do not tore to make any edvsrcn during any �•w lata f assessed oa'•,de payments end the payment is otherwise a Na r!i ' i you have a right to cancel.Your abilityeo request end access payment period in which ,. advances lstion.ahjocl to the following additional liedutlom: ..` -' 0 Q Automatic Withdrawal.You authorise us to automatically withdraw _ AdvAdvance Amount.When you request an advance,we will,minket to rho the Minimum Payment Own your Atdomatic Withdrawal Ao<uuet ao each r nv ance contained in this Agroan enc advance advance. iony the amount you Payment Dau.Is your Auwmale Withdrawal Account does•a have enough request money m it to fully pay lbeMieimum Payment amount watery,bot are not - requtred to.&dream,rmoty to yours make the payment Ail rhe terve of tits C.A.) Credit Limit.Subject to ao term and aonditiom of this Agreeaeaent,you may Ageeaneesal whitepply u such an atvaaa,if your loan Accosts Oelance is Itis C borrow on this Lkhe.(Credit op to the Credit Lind!.You agree not to request or Watt the Mklmas Payment.mmuL we will withdraw only We amwunt oblate an advance Out will cause the unpaid principal of your Lotto Aeoowt nwreoaoy to reduce your Loan Account[Llama to atm. Balance to exceed dee Credit Limis.You understand drat we will not ordinarily . grant a,equal for an advance that would oma the unpaid primipal ofyeu Loam Seeunry Account Haranoe to bo greater than Iia Credit L imht but that we may,et our ' option,grant Nell a request without obligating ouravtven to do to is the Uwe. We have sewed yam oblia fans muter this Line of Credit by taking a saintly Your Credit Limit will not be Increased If you overdraw he Linea'Credit If Interest(by way of o separate security Imhwnent dates You exceed the Credit LHNl,yes agree in pay the amount by which the unpaid 07/30/12 N the foUowln Pro • pruserpal or your Low Aacoud Balenu 0.000,the Credit Limit in= ) [Property: nv btsoven if wwehays by the not yntbpeeedtyuyou. Any 31191Sefrccaalodbut�tLimittoU see Legal Description ofProperty asdescribed insaid theytlas unpaid homed or securityinstrument expenditures made portantt thesecurily insuunserx scouring the Property. Finaraur Charges - Computation of Nostra,Charges.Pisanoai charger begin t accrue hrmnediatry when a0 make an advance to you.Pinenco charge.will be computed as follows; To figure the finance charge•br each day to a Billing Cela we multiply the daily periodic ate by the Daily Mamma(your Loan Aecmux Asiatic*op OW day.We Property seamLg any other loam out you have with w may also same dile then add sup those daily pewee charges to!lime the total(league eturea for that Agreensenr, Billing Cycle.To figure the Daily Balance,we first take your Loan Firing Fees. $0.00 Home Equtry Line of Credit 10071[9110451011010 MAROO e 01001went.MlWMr/launch/ewwkee—Mento Syt•nw• room OCP.rtr.Cere taieteer CUSTOM IIhirCel A Papa 1 of 3 • E-FILED 2015 OCT 06 2:36 PM JOHNSON - CLERK OF DISTRICT COURT We have tenured your obligations undo this plan with tho following pledge Suspension of Credit and Reduction of Candle Limit.We may agreemeu. teroporerfly prohibit you Qom obtaining additional advances or reduce your Plods",Agreement.By elgoing below,you pledge S Credit Limit dolor any period a which any of the allowing ere In offers:1t/q of sires held la account I/ as lootrity • The value or tho P open warring this Line of Credit deciles significantly for your obligptuns ruder-a/oprn.ad trt3{age----Awe we disbar: belowSu wed value for purports of this(int of Candle funds to you umording lel the plan,you will not he permitted to withdrew any • We rmaoubiy believe that you will ort be sale to meat the repayment pledged dimes from Oda account without the approval°foto loan officer or rolubmnat nada your Line of Credit dont*a material change ht your credit corundum. I{owever,you may withdrew any shares in dila account ILtsMOW dtttwunees. Out exceed the amount of your credit Emil.We reserve the right to obtain the • You aro r defaob of a material obi'plias uodes This Line of Credit.You approval°Tway co-makers who sign this credit agrecmtat before raleufns undosand that we consider all of your obligations Iv be material Categoric. any pledged sharp 3(a/trdoes that we corolda'nccarial tacludt but are not Iinged to:your obligation to not commit bard or mluryreemtarloa lar coo0ation with this tine of Credit;your ohilpalon to ower the repayment forms of this Lino of N/A Credit;your obligation rood adversely&Beet the Peopaty or ourrights in the Xf . _ Propalyi your oral pinionhayour to pay fees and charger,yoscience obli suanag B : Montour.of Burro»nlAttourel O.aar your obJptlon to Rad/the Lenm s of the instrument accusing this Agesm. and any other Jocosity(nab nncod on the Property;yotrobligadon to notify x and your obligation in provide w with Lnfomodoo X_ NlA • Government action prevents w Sore imposing the neural pored/age rate provided mr to tbls Agreement Signature of SorrowsnAeooum Owner --- • The priority of our:amity interest is dversdy affected by pvpmnnt r—___ action to the extent teal the vales of the security interest Is len than 120 i Any person who signs In Ibis space does so to glue you a Fealty Waal. paean of your Credit lamp. in the account pledged above but 0300mm no Noma]obligation to pay • We ere omitted by a mgulatory snowy dal eontbwW advances constitute an ids obligation. alai and unsound pnotke INS— N/A • Any linonwer reqpurse a ee,pe.uton of credit privileges In only to relestate your credit privileges under lite original tams of this N/A Actor:mew.you must mead w a written mould to that effect.Your Credit X - privileges t only bo rehataled If waddondoo us to prahtthkaddiSM additional extensions akrraluoe the Carat Limit no Longa the condition which te Data exists,If appraisal or credit report foo are incurred Le making this dam:te they _, we may(If allowed by applicable Lw)charge you such fon If credit privileges wen suspended at your;omen,they nand int he reinstated nodes"all Borrower' fastudneu .. _ review reinstatement. Property Insurance.You maybuyNonce of Default and Right to Cure.Except when oterwite provided by property humane Born anyone you low,if this is a consumer credit transaction or this Agreanent is Rand by s ward who is re uonably acceptable to w.If you buy the insurance from or one-family or mu-family dwelling that is your hammered,we may exercise through no,your premium will ba disclosed 10 you prior to purchase. tar Faasedio only If you h7 to merebo your right to cure a QeBu ll within the deo provided by law otter•written nodes of your default and rigla to Cure to mulled or delivered to you Nowerer,no noticed'default end rigid to cure it =suited wd may lmmnedlatdy mouldany and all ofor remedies If pm Credit Insurance.Tim insurance tidal below la sol rogubed to obtain credit bava suited one or mace chaos within the previous 363 days end you have • and we will not provide die Inatome°unless you sign and agree to pay the beth given natio*of default sad right to cum with respect to Rob default. additional cosi.if you went the insurance,no will obtain it for you{you qualify for°overage.The finks wing ratan aro applied In the outstanding balance on the Rerun.,of Credit Devices.You agree to return to w,upon our inquest,W 27th of each month to determine the minium you owe for each billing cycle. • modicum's,a other sneer Aeviad used to obtain drama retia ids minium Type:Single Credit Life Agreement. Rase: 1000 Ramer Wee.Alla you douLou.and alto we give any legally stoke rno0 and �1 opportunity to one,we may at oarono pddo any of We following: You do yaw'do not want Stogie Credit LIN. • We may to miwla this Line of Credit soil make all or any pan of One aewun Type:Joint Credit Lila owing by the tame afdtb Agrocmau intmedially due, Rate:I,,jQ/f 1000{vf • We may tromorwtly orpevuomuly pmh3it my additional advances. You LJ do 14,1 do not want Joint Credit Lira. • Wo maytemporarily orpawnengy reducer ho Credkl.imA. Type;Single Credtl Disability • we may demand addidonal sorority or additional padies In bo obligated to Rae 2, pay thh Agruemeot • Wo may rake a claim for any and all mawmcs benefits or refunds that You do 0 do not want Bingle Credit Disability. my be available on your Wattle �C=I Type:Joint Credit Dieeblllty • We may maks motor advanced on yow behalflmowigateiy duo,and we CD cal Rete:) IS IOIW may add these amounts In the ton Ac00001 Balance You do'do not want Joist Credit Dlaabllity. • We mryttw may ndW remedies we have undo applicablepus or any s { mai agteeaxW vt securing u Agranom. You ages m pay the reauorubie expminrt,ars we to maitre' upon any security 'i �rawe . X��NT 11 _. .. �/s - Ia Wee.wl of your debris r)r< Irrupt v otherwise res,remd y,law,by 01choottages a remedy we do not gene tup +., --) i! Date 07/30/12 D(XB� ownghl to use another ready.We do am Ocala°•default If we choose nos to use a remedy.By electing not to use any remedy,wed*not waive our right to t� W ercowkla the wtot a&Boll and w use way tem°dia if the defauh continues e a occuz .., X -_ty y .._._...---.._.._ ...--- -- Colloctlon Expense.and Attorneys'Fees.On or ata default,to the corn: -+...,ray ry ._.__ nor; — youpay of coil action,ealbseaaat or . N hum 07/30/12 permitted by Inv, agree 0 expofu penes include, pteleNm or our righte net amrdies tmda this Line of Let ilL Fri _ Iota are not limlrod lo,court costs sad other legal nopenses.To the Wax La Oahcs face,us"!Grenerjva permitted by Oro United tidies Bankruptcy Code,you alien to pay the rasoaabl° t sttoturyt'fear we incur to collect thh debt as awarded by any mat exercising You agree to pay the following additional fad and charges: iction under Ma Baotou jurid Way Code. • Documentation Foes.S 125.00 _ Sat-Off,We may setoff any amount due and payable=Seethe ounce ofthbt Avearaenl agalori your right to receive looney from us,anima prohibited by rllbhttmr.d/berms slrpifmbk inn'. Comrsde.fona.You=demand and a Amendments.Geaeng,the toms of Ws Agreement cannot be clanged.W e gree Mut we(or our dtitire)will coca may,however,make the folfowing changes: commusiora or rota on Day Laurance products,and may earn each fota m other amlces Met you buy through us or our elflluu. • We may make change.Padyou agree to in writing at the lime of the clump. • We may make changes that will mcyulrocally baulk you Default.You will be in default if any of duo following occur. • We may make iKignilimmt changes. • You fall to mike a payment within 10 days of being dun If aro are required to sand settee of a change ie tams,we will send the notice le • Your action or inaction adversely affects the Property or our rights in the your address luted above(You should Inform us of any change in slime). Property. • You are an executive officer of us or our atigduo and you become indebtedTalentnation.You may Germania this Line of Credit el soy time upon dill= no is or annWw lender in at aggregate anaunt genua duo the amotug notice to us.Termhatbo by oar aired po terminates the repaya of Credit far ill potntned under federal I■ws and regulalom. Dace to the 7arminadoe tell mot it al Your obliYsdoo to advances untie prior to the rereeltahm.nor will it alta Your drt(a to perform under the terms of on Lnsiausnetx securing this Agmnml until omB atone time u released.Upan termination you will return ton w any rema(oiog scuts device in your pooemioe that were issued or wad in connection with Lha Line of Credit. • 1/oma Equity Lino of Credit 1007/000 ideO41s-010 EIAN0/14 01002 Welton Kbwerrinanclol penton-9•Na^—Banton rove OCP-rteCc IA tat cum, cusrou — Ppa203 • E-FILED 2015 OCT 06 2:36 PM JOHNSON - CLERK OF DISTRICT COURT • Waivers and Con tont To the extent not prohibited by law and menet for any Notify Us In Cats of Erman or Qlwations About Your 9111 nuquved notice of right to cure for the(allure to wake a rpgdmd payment,you waive presort praaltment for payment,demand,nosier;ofaocoie sllon,notice of lfyou think your bill a wrong,or Ifyou need wore(ntomwlon about• intent to accelerate and notice of d(thonor.Tei thea extent not peohiblted by law, ramacoon no your bIlL write us II the address listed ea your bill.W Tito to to en you and any other parry w Ulla Lion of Credit.also content to the following as possibleWe eaut hear from You. no Wer stun 60 days altar we rot you sections that we may take,testi waive deferues that be waluble pared on the Last bill on which the marc or problem appeared You can telephone us,but lane lotions,or breed on the classes of a party to Mit Line of Creditdoing co will not preserve your rights. • ofcrsNcw chor wean aateodt payments this Agreement,regardless of therumba In Your letter,give us the following information: • we mayrt such lease or ea tenrinme. • Your neap eod aocoont lumber. Indebtedness and any this Agroeseterat person who may be liable for the • Tic dollar amount arise Psnpecled mor. • W c may release,substitute or Impair arty Property scouring this A • Describe the error and eaplailoia,if you can,witty you believe these Is an mor. g Agreement. If you need more loformoloe,describe the nem you are not sure about. • We may involve our right of on-off. • We may enter into any sea or repurchases W Wit Agreement W u If you have authorized we to pay your bill aummsdcally'rum your savings, In any enter r od nyu waive noticerepo,oasuch sato or repurchase.y pen0m chocking,shoe dealt or other areeuat,you can stop the Wyman Se nay annum • You agree Ihel soy Borrower In authorized to modify the trams of this days Wore the nutyou think in omeacc o paymethe nlumachedt uledlo looccur.must reach three suints Agreement or any other Line of Credit document. Wn may who • accommoddations,,trrmparty w Is,osstenslaons,,wod(fiouiotu,subslltuiionstees this 1.1no of Credit or s,loan a Your Rights and Our Responsibilities Agar We future advances. Receive Your Written Notfo. • No dcuy or forboetnucc on mu pan In eaeroisina arty of oar dghaa or Wo oust acimuwledge your letter within 30 days.Way we hive oonected the re awill gned by be construed Ill a waiver by w,unless tuns waiver is in writing error by then.Within days,we mut either cameo the error or amide why wo believe the bill war correct. Parlod(0&s laments.If you have on outstanding balsneo oa your account or After we receive your letter,we cannel try to collect any=snot you quistio.or hove lay amount activity,we will send you a periodic sutcmcet u the and of report you u delinquent.W e can=Wool°bill you far the amoot you each Billing Cycle.��other charges,rodic sweat r!will rellocl,among other things,cretin question,Including(Tomocharge.,and ore can apply any unpaid amount retinal advanctu,finance chpayments mad;other credits,your te Crocus Limit.You do int bare tood previous account balance nod pay any dm paean aor.w bt bill whilelatewe tee yew newntaer thbalance. ee Payment nt Dm. vu taring,but you vostill obligated to pay doe parte of your dral raw will also Identify your MLdmum Payment Lar me eyrie and We Payment Due, is question Joint and(nmvidual Liability and Sucuoa lore.Your obligation to pay chis If we fid that we merle a mistake m your bill,you will not have to pay any Line of Gods is lodepeodent of the ob(I alioa Many other person who has also Limo charges related to any quaioncd amount If we didn't make•mistake, agreed to pay It We moy tun you alone,or anyone elm who n obllgtcd on this You away have le pry Bonen cbazgn,and you will boot°shako up soy missed Lane of Credit,or any number of you together,to collect on tide Linc of Credit, Minolta an the qurstioacd amount In cilia vase,we will send you a ddenrrnt Extending than Line of Credit or new obligation.under this(-Mo of Credit,will of the mount you owe and dee dale that It is due, nor affect you duty under this tine of Credit and you will still be obligated to pay this Line of Credit.The duties and bmatits of Ws Line of Credit will bled If You fed us Pay the amount that sea Wink yon owe,we may report you es and benefit the suoceasorn and assigns of you sad tai, delinquent.However,limo explanation door of satisfy you and you write to us within tin days telling to that you still rata°to pay,we must tell"yore we Integration and B.verablllty.This Agement is rho complete and final repo.'you to that you luvo a question shout your bill.And,we must tall you the expression of the agreement If arty provision of this Agreement Is WI=fbrcmblo, name of anyone we reported you to.We must toll anyone we report you to that Uses the,unenforceable provision will be severed mod the remaining provisions the matter his been settled between us when it finally B. will still be enforeeabla. If we don follow Wee rule,en cony collo rho fast ISO of dm questioned Interpretation,Whenever used,the singular nullities the plural and the pito& amurwL Oven if Pew bill was cortaq. include the singular.Tho section headings ane for convenience only and aro nor to be used to 8detpter or define din terms ordtle Agreement. Sew/Minos , Notice,Financial Reporter,and Additions/Doe temente,Unicss otherwise, regained by taw,any notion will be given by delivering 1t or nailing n by BRI You wdershmd Ila rostra following r al wily apply if obeeked.By signing, class trail to the sppmpdnte potty's madras above,or to any edits address you woe to the assns of this Agreement You also aclosowitdgc receipt of a copy designated in writing.Notice to one Borrower will be deemed to be noticoto all of this Agreement co today's dale. Borrowers.You w01 inform us in writing ors*tslange in your nano,address or Ps.,other appHoatim Woe-relation.You writ provide on any C nal swarmed or 7'"f/���•lt -7 1 I Information we request.All nnnoniel stateroom:sad Information you give os X l.� /3O I Z^ __ _ wilt ba Mimed and complete.You opus to sign,deliver,and ata any additional Kent H Or C i Cal demean la rrpotincatlons that we may maid.'eaccasery to perfeu,continue, and preserve yew obligations under this-lineal—Cloth and to coniines our it.. «y sates on any Property.Time is of the esence x s.'-._ ..'71-' .'7 a Credit Information.You agree to supply us for with whatever information we -{ !1 rensemabiy feel we need to decide whoher to continue thin Line of Cemilt We C.) N ewe. willrw k.sequoia for this information without undue frequency,and will give .,,,..,.— you reasonable lime In which to supply We Iofmnutloo. X '-4(",iC3IT Applicable Lew,Thls Agatcmart is goverment by the laws of lows,the United r"'- i Stern of America,and to the axiom required,by the nus of thejueiadletlona .i t9 where the Property is located. _ _ (Optional( f;., rr...:,.. YOUR BILLING RIGHTS X _ For Lender (V .. KEEP THIS NOTICE FOR FUTURE UBE Title j.=� Thu notice contain.imm potwte infnrabOWoo shoat your rights end ow responarbllidea under the Pair Credit Billing lot. 01 1 Home Equity Lina of Credit 1001056 l4$tUl6.010 EUHOOse -� -- ----_ -- -- -- . O row Wetter+nwwor Ftnareen ar.rm•a—apMara ayn r.a- Ferro < OCral! VL11r/1Noen CUSTOM Pape/of3 E-FILED 2015 OCT 06 2:36 PM JOHNSON -CLERK OF DISTRICT COURT Doc 10: 022888610006 Type: GEN Kind: MORTGAGE Recorded: 08/14/2012 at 02:06:49 PM Fos Amt: $27.00 Paps 1 of 6 Johnson County Iowa Kim Painter County Recorder 8K4961 PG156-160 _t 51) 1111 State of Iowa Space Above This Line For Recording'"g Data"-1111111 Prepared By: Peter Nkuc+u 500 Iowa Ave / PO Box 2240 Iowa City, IA 52244-2240 319-339-1000 Return To: University of Iowa Community Credit Ur.ion 825 Mormon Trek Blvd. PO Box 2630 Iown City, IA 52246411111 319-341-2125 OPEN-END MORTGAGE (With Future Advance Clause) 1. DATE AND PARTIES.The date of this Mortgage(Security Instrument)is July_30 2012 and the parties and their addresses are as follows: MORTGAGOR: Kent H Gregg 724 Ronalds Street Iowa City, IA 52245 El If checked,refer to the attached Addendum incorporated herein,for additional Mortgagors,their signatures and acknowledgments.The Addendum is located on _ LENDER: University of Iowa Community Credit Union 925 Mormon Trek Blvd. PO Box 2630 C..? CJ, Iowa City, IA 52246 R O .71 319-341-2125 ti. - n 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance and 1\3 this Security Instrument, rtgagor grants,bargains,warrants,conveys and mortgages to Lender the,,i f--1 CJ following descrt property: (If the legal description of the property is not on page one of tinse. -.. Security Instrument,it is located on - ) 171f'71 Lot Seven (7) in Block Twelve (12), in Iowa City, Iowa, according to ;; - the plat thereof recorded in Plat Book 1, Page 116, Plat Records of .,_ Johnson County, Iowa. "' N.) :St The property is located in Johnson at 724 Ronalds_ (County) Street Iowa City (Address) (City) Iowa 52245 CLIP 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'). IOWA - HOME EQUITY UNE OF CREDIT MORTGAGE (NOT FOR FNMA, FHLMC, FHA OR VA USE) 01994 Wolters Kluwer Financial Services-Bankers Systems'Form OCP-REMTG•IA 10/24/2005 VMPe-C4 (0511) is.„ (page I of 5) EXHIBIT C� E-FILED 2015 OCT 06 2:36 PM JOHNSON-CLERK OF DISTRICT COURT NOTICE;THIS MORTGAGE SECURES CREDIT IN THE AMOUNT OF$ 15,000_00_ LOANS AND ADVANCES UP TO THIS AMOUNT,TOGETHER WITH INTEREST, ARE SENIOR TO INDEBTEDNESS TO OTHER CREDITORS UNDER SUBSEQUENTLY RECORDED OR FILET)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 Leader'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(ies) or other evidence of debt described below and all their extensions, renewals, modifications or substitutions. (You must specifically identify the debt(s)secured and you should include the final maturity date of such debt(s).) The promissory note signed and dated 07/30/2012, with a maturity date of 08/15/2017. D. 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 after this Security Instrument whether or not this Security Instrument is specifically referenced or such future advances or future obligations arc 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 other 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. N In the event that Lender fails toproviderequired notice of the right any subsequent securityany 8ht that ratLender cudEc. Instrument. interest in the Mortgagor's principal dwelling is created by this Securifji: ur 5. MORTGAGE COVENANTS, Mortgagor agrees that the covenants in this section are mate*- • 1 obligations under the Secured Debt and this Security Instrument. If Mortgagor breaches any covert in this section, Lender may refuse to make additional extensions of credit and reduce the credit!MIR)—{ N ••••••• By not exercising either remedy on Mortgagor's breach,Lender does not waive Lender's right to late9l C r- consider the event a breach if it happens again. Payments.Mortgagor agrees that all payments under the Secured Debt will be paid when due anttbi` accordance with the terms of the Secured Debt and this Security Instrument. F s Prior Security Interests. With regard to any other mortgage, deed of trust, security agreement or • 'a' other lien document that created a prior security interest or encumbrance on the Property, Mortgagor r) -� agrees to make all payments when due and to perform or comply with all covenants. Mortgagor sisq •• agrees not to allow any modification or extension of, nor to request any future advances under lay W note or agreement secured by the lien document without Lender's prior written approval. cm Claims Against Title. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will defend title to the Property against any claims that would impair the lien of this Security Insmmment.Mortgagor agrees to assign to Lender,as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. Property Condition, Alterations and Inspection. Mortgagor will keep the Property in good condition and make all repairs that are reasonably nerecsary.Mortgagor shall not commit or allow any waste,impairment,or deterioration of the Property.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 Joss 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. 01994 Wolters Kluwer Financial Services-Bankers Systems'"Form OCP-REMTG-IA 10/24/2005 (page 2 of 51 VMPe-G465pAJ(05111 • E-FILED 2015 OCT 06 2:36 PM JOHNSON- CLERK OF DISTRICT COURT Authority to Pea-form. If Mortgagor fails to perform any duty or any of the cov.nanrs 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. Leaseholds; Condominiums; Planned Unit Developments. Mortgagor agrees to comply 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. Condemnation.Mortgagor will give Leader 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. 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.What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debt. 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. • my Unless otherwise agreed in writing,all insurance proceeds shall be applied to the restoration or repjpc of the Property or to the Secured Debt,whether or not then due, at Lender's option.Any applicatin% of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor chat&2 C') R I 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 tilei Property before the acquisition shall pass to Lender to the extent of the Secured Debt inmrediatr} N r"'""' before the acquisition. O I Financial Reports and Additional Documents,Mortgagor will provide to Lender upon request, financial statement or information Lender may deem reasonably necessary.Mortgagor agrees to site, e"-1 7 a i deliver, and file any additional documents or certifications that Lender may consider necessary , . Ya perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender-4;�: lien status on the Property. N 6. WARRANTY OF TITLE, Mortgagor warrants that Mortgagor is or will be lawfully seized of the W 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. DUE ON SALE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of,or contract for the creation of,a transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law(12 C.P.R.591),as applicable. 8. DEFAULT.Mortgagor will be in default if any of the following occur: Payments.Any Consumer Borrower on any Secured Debt that is an open end home equity plan fails to make a payment when due. Property. Any action or inaction by the Borrower or Mortgagor occurs that adversely affects the Property or Lender's rights in the Property. This includes, but is not limited to, the following: (a) Mortgagor fails to maintain required insurance on the Property; (b)Mortgagor transfers the Property; (c) Mortgagor commits waste or otherwise destructively uses or fails to maintain the Property such . that the action or inaction adversely affects Lender's security; (d)Mortgagor fails to pay taxes on the Property or otherwise fails to act and thereby causes a lien to be filed against the Property that is senior to the lien of this Security Instrument; (e) a sole Mortgagor dies; (f) if more than one Mortgagor, any Mortgagor dies and Lender's security is adversely affected; (g)the Property is taken through eminent domain; (h)a judgment is filed against Mortgagor and subjects Mortgagor and the Property to action that adversely affects Lender's interest;or(i)a prior lienholder forecloses on the Property and as a result,Lender's interest is adversely affected, Executive Officers.Any Borrower is an executive officer of Lender or an affiliate and such Borrower becomes indebted to Lender or another lender in an aggregate amount greater than the amount permitted under federal laws and regulations. ©1994 Wolters Kluwer Financial Services-Bankers Systems"Form OCP•REMTG-IA 10/24/2005 —4� lPego 3 0l b) VMPe 0465(/AJ(0611) • E-FILED 2015 OCT 06 2:36 PM JOHNSON-CLERK OF DISTRICT COURT 9. REMEDIES ON DEFAULT. In addition to any other remedy available under the terms of this Security Instrument,Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor is in 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. At the option of Lender,all or any part of the agreed fees and charges, accrued Interest and principal shall become immediately due and payable,after giving notice if required by law,upon the occurrence of a default or anytime thereafter. 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 Leader'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 happens again. 10. 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. 11. EXPENSES;ADVANCES ON COVENANTS;ATTORNEYS'FEES;COLLECTION COSTS.If Mortgagor breaches any covenant in this Security Instrument, Mortgagor agrees to pay all expenses Lender incurs in performing such covenants or protecting its security interest in the Property. Such expenses include, but are not limited to, fees incurred for inspecting, preserving, or otherwise protecting the Property and Lender's security interest.These expenses are payable on demand and will bear interest from the date of payment until paid in full at the highest rate of interest 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 legal expenses.To the extent permitted by the United States Bankruptcy Code, Mortgagor agrees to pay the reasonable attorneys' fees Lender incurs to collect the Secured Debt as awarded by any court exercising jurisdiction under the Bankruptcy Code.This Security Instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. 12. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act(CERCLA,42 U.S.C. 9601 et seq.), and all other federal,state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous N to the public health, safety, welfare or environment. The term includes, without limitation, anis.,- O substances defused as 'hazardous material," 'toxic substances," "hazardous waste" or "hazardottl.) e n substance"under any Environmental Law. KZ('-) Mortgagor represents,warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardotjg, Substance is or will be located,stored or released on or in the Property. This restriction(kw, N not apply to small quantities of Hazardous Substances that are generally recognized to be.;("'J appropriate for the normal use and maintenance of the Property. ;^ B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and even tenant have been, are, and shall remain in full compliance with any applicable Environrnert# Law. N 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. 13. 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. 14. 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 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. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. 01984 Wolters Kluwer Financial Services-Bankers Systems"Form OCP-REMTG-IA 10/24/2005 /page 4 of 51 VMP8-C466//A/(0511) • E-FILED 2015 OCT 06 2:36 PM JOHNSON-CLERK OF DISTRICT COURT • 15. SEVERABILITY;INTERPRETATION. 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. 16. 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. 17. 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. 18.-LINE Of CREDIT.The Secured Debt includes a revolving line of credit.Although the Secured Debt may be reduced to a zero balance,this Security Instrument will remain in effect until released. 19. APPLICABLE LAW.This Security Instrument is governed by the laws as agreed to in the Secured Debt, except to the extent required by the laws of the jurisdiction where the Property is located, and applicable federal laws and regulations. 20. RIDERS.The covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the terms of this Security Instrument. (Check all applicable boxes] Assignment of Leases and Rents ❑Other 21.0 PURCHASE MONEY MORTGAGE.This is a purchase money mortgage as defined by Iowa law. 22. 0 ADDITIONAL TERMS. NOTICE TO CONSUMER (For purposes of this Notice,"You"means Mortgagor) 1.Do not sign this paper before you read It.2.You are entitled to a copy of this paper.3.You ma prepay the unpaid balance at any time without penalty and may be entitled to receive a refund of v' unearned charges in accordance with law.4.If you prepay the unpaid balance,you may have to pq C'1 a minimum charge not greater than seven dollars and fifty cents. r C"i SIGNATURES:By signing below,Mortgagor agrees to the terms and covenants contained in this Security)—f' a Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of this Securhv — i"��•• Instrument on the date stated on page I. -'i i "0 + 1 (Signature) Ken regg pits);=_,1 _a: a (Signature) (Date) C,) ACKNOWLEDGMENT: STATE OF Iowa (Individual) COUNTY OF Johnson “s• On this 30th day of July 2012 before me,a Notary Public in the state of lows,personally appeared tient El Gregg to me known to be the person(s)named in and who executed the foregoing instrument,and acknowledged that HE m executed the same as HIS ref voluntary act and deed. 3My commission expires: (Scat) 1t2/2 p"i- (No PuDlk) in the iin manylocasegstatement s protected from the cMlailits of creditoe rssaand�exempmfroom,u] diccial sale •ow and that by sly§ tg this contract, I voluntarily give up my rights to this protection for this .rot • with respect to claims based upon this contract.• /J � (Sigoawre) Kent/t t egg - -7!_39.,R.'..Z..-- (Date) (Signuure) (Date) O 1994 Wolters Kluwer Financial Services-Bankers Systems" Form OCP-REMTG-IA 10/24/2005 (page 6 of 5) VMPe-C46511.4)(0511) E-FILED 2015 OCT 06 2:36 PM JOHNSON -CLERK OF DISTRICT COURT i i In UNIVERSITY OF IOWA COMMUNITY CREDIT UNION 1/111 POST OFFICE BOX 800,NORTH LIBERTY,IOWA 52317-0800 CREDIT UNION 05/08/2015 KENT H GREGG 1208 GILBERT CT IOWA CITY, IA 52240-4529 SUBJECT: NOTICE OF RIGHT TO CURE DEFAULT, as required by The Iowa Consumer Credit Code, Section 537.5111(1) Account Number 1111.11111111 Date of Loan: 08/03/2012 Total of Payments: Open-end credit plan Monthly payments: $145.73 Due Date: 08/15/2014; 18t of each month Principal Balance: $14,573.25 Security: Mortgage on Property Located at: 724 RONALDS ST, IOWA CITY, IA 52245 Amount Past Due: $1,308.67 Interest Due: $549.45 Late Fees: $135.00 You are now in default on this consumer credit transaction. Your default consists of$1,308.67 in delinquent payments,which are at least ten or more days past due, plus$135.00 in late fees. You have the right to cure or correct your default by paying $1,308.67 on or before 06/09/2015. If you do so, your loan account will be treated as though you were never behind. Failure to cure the default before 06/09/2015 may result in acceleration of the sums secured by the mortgage, foreclosure by judicial proceedings and sale of the property. If you are over ten days late again during the next 365 days, the Credit Union can exercise its rights without sending you another notice like this one. If you have any questions concerning this notice, please write or telephone us. Sincerely, tom ""' University of Iowa Community CU Collection Department = �. 1-800-446-3719 or 319-341-2165 N t"7, CC: file w This is an attempt to collect a debt. Any information received shall be used for that purpose. We may report Information about your account to credit bureaus.Late payments,missed payments,or other defaults on your account may be reflected in your credit report. EXHIBIT E-FILED 2015 OCT 06 2:36 PM JOHNSON-CLERK OF DISTRICT COURT y,�°; L UNIVERSITY OF IOWA COMMUNITY CREDIT UNION V p F. POST OFFICE BOX 800,NORTH LIBERTY,IOWA 52317-0800 COMMUNITY CREDIT UNION 07/23/2015 KENT H GREGG 1208 GILBERT CT IOWA CITY, IA 52240-4529 RE: MORTGAGE ACCELERATION Real Estate Mortgage 724 RONALDS ST IOWA CITY, IA 52245 • Acct No:11111111.11111 Dear member: This letter is to notify you that the University of Iowa Community Credit Union has accelerated the amount due pursuant to your note,which is secured by your mortgage on the property, located at 724 RONALDS ST, IOWA CITY, IA 52245. The amount due pursuant to the terms of your note and mortgage as of 07/23/2015, is $15,431.54 plus interest from 07/23/2015, at the rate of$1.89 per day until payment in full. Failure to pay said amount, plus accruing interest on or before 08/08/2015, may result in foreclosure by judicial proceedings and sale of the property. ' University of Iowa Community Credit Union n 71 ✓ -a "3 KEVIN O'TOOLE ,:;'•" t"""` Collection Department (U .r 1-800-446-3719 or 319-341-2165 Cr* CC: file Mortgage Mediation Notice is enclosed as required by Iowa Code section 654.46(2). This is an attempt to collect a debt. Any information received shall be used for that purpose. • flIBITJ i E-FILED 2015 OCT 06 2:36 PM JOHNSON -CLERK OF DISTRICT COURT 4 44. 4".1 , 1 A:'„, -, i','-'1` `i Mortgage Mediation Notice s t You are receiving this notice because (1)your lender believes that your mortgage is seriously delinquent, or(2) a foreclosure --ri j petition was recently filed against you. The purpose of this notice '= is to inform you that help is available through Iowa Mortgage Help, 7i'3 : . a State of Iowa-sponsored program. .„ help is available 'T r Iowa Mortgage Help is a group of organizations partnering with the t •iIowa Attorney General's Office and the Iowa Finance Authority to offer .:, I all Iowans access to free, confidential mortgage counseling with local -::1 organizations located right here in Iowa. Iowa Mortgage Help is here k," to assist you in working through your situation. Please call 1-877-622-4866 as soon as possible. The earlier you call, tlh '> the more options that are available to you. When you call, you will '0, -P be referred to a trained, professional counselor who will listen to your situation and offer free, confidential advice through each a`' -1, step of the process. In some cases,we are able to work with lenders t-' ',.-0:1 and borrowers to restructure mortgage terms, While we are not able reilt to help everyone, we are able to help the majority of homeowners € ?wl ,,�.. who call Iowa Mortgage Help. lk:"4 i,\ :' , The fact that a foreclosure petition may be or has been filed against i you does not necessarily mean that you will lose your house. It is NOT too late. There is still time for help, `'`t Do Not Delay. This may be your best chance to save your `k` home from foreclosure. r a; Call 1-877-622-4866 today or go to IowaMortgageHelp.com. : ! ` This free call could save your home. Iowa Mortgage Help tT-* ..„ .',, . tv 1-877-622-4866 r ' ? 4 www.lowaMortgageHelp.com -1 t () .` N "Rru n,i 6.4., This notice is being provided as required by Iowa Code section 654.40(2). V,. r"i v is Y ,rS I":9d CA) r. F. E-FILED 2015 OCT 06 2:36 PM JOHNSON-CLERK OF DISTRICT COURT AFFIDAVIT RE COMPENSATION STATE OF IOWA, COUNTY OF JOHNSON, SS: We, Crystal K. Raiber and Rachel A.D. Marquardt, being first duly sworn, under oath, depose and swear that we are the attorneys of record for the Plaintiff; that there is no contract, agreement or arrangement, either oral or written, expressed or implied, contemplating any division of compensation for the services rendered in the above entitled proceedings as attorney or participation of such compensation, directly or indirectly, by any other person, firm or corporation with such attorney except other legal counsel in a regular and bona fide law partnership with the undersigned in the above C=1 entitled matter. `J' ."_- —4 ..-...- rn Crystal 7 ai er N C , Rachel A.D. Marquardt Subscribed and sworn to before me the undersigned Notary Public by Crystal K. Raiber and Rachel A.D. Marquardt this (0 day of (J , 2015. • JULIE S. LYNCH ...� � 'J -., ,r,N 11...-1.9 c,. �,,���LNOTARY = ;;� COMM:�S J . ' `{2 EXHIBIT END OF CASE FILE 4 y IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY DEBORAH A. BERGLAND, ) ) Plaintiff, ) CASE NO. LACV077417 ) vs. ) ) ORIGINAL NOTICE CITY OF IOWA CITY d/b/a IOWA ) CITY MUNICIPAL AIRPORT, ) Defendants. ) . .._ TO THE ABOVE-NAMED DEFENDANT: You are notified that a Petition at Law&Jury Demand has been filed in the office of the Clerk of this Court,naming you as a Defendant in this action. A copy of the Petition at Law&Jury Demand(and any documents filed with it)is attached to this notice. The Petition at Law&Jury Demand was filed on the 13th day of July,2015. The name and address of the attorney for the Plaintiff is Jeffrey R.Tronvold of the law firm of Eells& Tronvold Law Offices,PLC,whose address is 192151`Street NE,Cedar Rapids,Iowa 52402;that attorneys' telephone number is(319)393-1020; and facsimile number is(319) 393-4000. You are further notified that the above case has been filed in a county that utilizes electronic filing. Unless,within 20 days after service of this Original Notice upon you, you serve, and within a reasonable time thereafter, file your motion or answer in the Iowa District Court for Johnson County,at the Courthouse in Iowa City, Iowa,judgment by default will be rendered against you for the relief demanded in the Petition. Please see Iowa Court Rules Chapter 16 for information on electronic filing and Iowa Court Rules Chapter 16,Division VI regarding the protection of personal information in Court filings. If you need assistance to participate in Court due to a disability,call the disability coordinator at 1-319-398-3920, Ext. 1105. Persons who are hearing or speech impaired may call Relay Iowa TTY at 1-800-735-2942. Disability coordinators cannot provide legal advice. CLERK OF COURT (SEAL) Johnson County Courthouse Iowa City, IA 52240 IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE A ` CL_TO PROTECT YOUR INTERESTS. , a f • STATE OF IOWA JUDICIARY Case No. LACV077417 County Johnson Case Title DEBORAH A. BERGLAND V. CITY OF IOWA CITY D/B/A IOW THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING. Therefore,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless you obtain an exemption from the court,you must file your Appearance and Answer electronically. You must register through the Iowa Judicial Branch website at http:/Iwww.iowacourts.state.ia.us/Efile and obtain a log in and password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court. FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING,REFER TO THE IOWA COURT RULES CHAPTER 16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM: http://www.iowacourts.state.ia.us/Efile FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS,REFER TO DIVISION VI OF IOWA COURT RULES CHAPTER 16:htto:/Iwww.iowacourts.state.ia.us/Efile Scheduled Hearing: If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district ADA coordinator at (319)398-3920 . (If you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942.) Date Issued 07/13/2015 03:51:45 PM ! -1:41,‘.. 1 w 41 .. bP tv, .,., ' . , ! rV CD Crl District Clerk of Johnson County -r-,-, /s/Wendy Lonngren --, o "----/ c-- E-FILED 2015 JUL 13 3:24 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY DEBORAH A. BERGLAND, ) ) Plaintiff, ) CASE NO. LACV 0 7 74 1 7 ) vs. ) ) PETITION AT LAW AND CITY OF IOWA CITY d/b/a IOWA ) JURY DEMAND CITY MUNICIPAL AIRPORT, ) ) Defendants. ) COMES NOW the Plaintiff, Deborah A. Bergland, by and through her undersigned attorneys, and for her cause of action against the Defendant, City of Iowa City d/b/a Iowa City Municipal Airport, states as follows: PARTIES,JURISDICTION,AND VENUE I. Plaintiff Deborah A. Bergland(hereinafter referred to as"Deborah")was at all times material hereto a resident of Minneapolis,Minnesota. 2. Defendant City of Iowa City is a city organized under Iowa law located in Johnson County, Iowa. 3. The Court has jurisdiction over the subject matter and parties to this cause of action. 4. Deborah's damages exceed the jurisdictional amount of the small claims court. COUNT I NEGLIGENCE 5. On or about March 24,2014, Deborah landed at the Iowa City Municipal Airport. 6. After landing,she walked through the back door of the airportertyjtQ th�;airportr t lobby and exited through the front door. �.-�, o 0 1 D • E-FILED 2015 JUL 13 3:24 PM JOHNSON - CLERK OF DISTRICT COURT 7. As she walked out the front door, unbeknownst to her, she had actually walked onto a concrete handicap ramp. 8. The handicap ramp is not identified by a sign, has no railing, and merely has a yellow stripe painted on top of the edge. 9. As one walks out of the airport,the yellow paint causes the ramp to look as if it is the same level as the sidewalk. 10. Consequently, as Deborah exited the airport she did not realize there was a drop, and when she stepped off the edge of the ramp, she fell, causing serious bodily injury. 11. On that date,the Defendant owned, operated, controlled, and managedie iscn premises. G) 12. Deborah fell as a result of the unreasonably dangerous conditio eatedby t4 Defendant, and the Defendant had actual and/or constructive knowledge. µ- o 13. The Defendant was negligent in one or more of the following particulars a. failing to maintain the property in a reasonably safe condition; b. failing to inspect the property to determine the unsafe condition; c. failing to warn lawful visitors of the unsafe and dangerous condition of the property; d. creating an unreasonably dangerous condition; and, e. failing to act as a reasonable owner of such property under the circumstances then and there existing. 14. The negligence of the Defendant was a proximate cause of the injuries and damages sustained by Deborah, including,but not limited to: past, present, and future pain and suffering; emotional distress and mental anguish; past,present, and future loss of earning capacity and future earnings; past,present, and future medical and hospital expenses, charges, and services; past, present, and future loss of body and mind; and,permanent scarring and disfigurement, and permanent damage and disability to her person. 2 • E-FILED 2015 JUL 13 3:24 PM JOHNSON - CLERK OF DISTRICT COURT WHEREFORE, Plaintiff Deborah A. Bergland prays for judgment against the Defendant in an amount sufficient to fairly and adequately compensate her for her injuries, losses, and damages; for interest thereon as provided by law; the costs of this action be assessed to the Defendant; and for such other and further relief as is just under the premises. JURY DEMAND COMES NOW, Plaintiff Deborah A. Bergland,by and through her attorneys,and hereby requests a trial by jury in this matter. Respectfully Submitted, By • e.„;;; ,:. :,,•���, - = --- � Jeffrey R.l'ronvold AT0007892 EELLS & TRONVOLD LAW OFFICES, P.L.C. 1921 51st Street N.E. Cedar Rapids, Iowa 52402 Telephone: #(319)393-1020 Facsimile: #(319)393-4000 • E-Mail: Jeff@eells-tronvold.com ATTORNEYS FOR PLAINTIFF N C> r rn y w 3 Hawkeye State Process Serve LLC Job: 619060 Due: 08/17/2015 100 E Dovetail Dr. Recipient City of Iowa City d/b/a Iowa City Municipal Airport Coralville, IA 52241 Phone 3193542010 Server: Hadley Libbey Fee: Client Eells&Tronvold Case LACV077417 Plaintiff Deborah A. Bergland Court JOHNSON COUNTY DISTRICT COURT Defendant City of Iowa City d/b/a Iowa City Municipal Airport Documents Original Notice; Petition at Law and Jury Demand Instructions SERVE TO THE CITY CLERK ONLY. BE SURE TO GET THE FULL NAME OF THE CITY CLERK.- Marian Karr Address City of Iowa City d/b/a Iowa City Municipal Airport 410 E Washington St,Iowa City, IA 52240 Date&Time: Description of Service/Recipient Crt rn r CD Age: Ethnicity: Gender: Weight: Height Hair: Eyes: Relationship: .?4,1&20,-.41.. as I hereby acknowledge receipt of above listed Documents 6/64244-7,04-44 r9 (7ksvzie,/iv ) END OF CASE FILE IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY 29th STREET FINANCIAL ASSET ) OPPORTUNITIES FUND II, LP, ) EQUITY NO. EQCV 076717 assignee of BANKERS TRUST COMPANY, ) Plaintiff, v. DOLPHIN INTERNATIONAL, LLC, ) ANSWER DOLPHIN RESIDENTIAL ) OF COOPERATIVE, INC., ) REKHABEN V. BHATT RBJ MANAGEMENT, INC., ) SUDHIRKUMAR GIRISHBHAI BHATT, ) VARSHA SUDHIR BHATT, VIJAY J. ) BHATT, REKHABEN V. BHATT, ) LEI YAO, ROB WITT, AURORA WITT, ) t, u. STEPHANIE ROSENAU, EDWARD ) rn SOBOLEWSKI CLIFFORD WILLIAM ) co EDDY, CITY OF IOWA CITY, ) .:,-4,-, 1 ®_ KNAPP/WARDEN, LLC,AND ) PK CONSTRUCTION, INC. ) - ` d/b/a PK CONSTRUCTION, ) ^� Defendants. ) COMES NOW, Rekhaben V. Bhatt ("Rekhaben"), by and through the undersigned attorneys, and states the following in answer to the Petition filed by Plaintiff: PARTIES,JURISDICTION & VENUE 1. Rekhaben denies for lack of information Plaintiff's allegations in paragraph 1 of the Petition. 2. Rekhaben admits Plaintiffs allegations in paragraph 2 of the Petition. 3. Rekhaben admits Plaintiffs allegations in paragraph 3 of the Petition. 4. Rekhaben admits Plaintiffs allegations in paragraph 4 of the Petition. *),\, ��r\0,45 ) _ _ A ( i!_,.L94J I 21. Rekhaben admits Plaintiff's allegations in paragraph 21 of the Petition. 22. Rekhaben asserts that no response to Plaintiffs statements in paragraph 22 of the Petition is required. 23. Rekhaben admits Plaintiffs allegations in paragraph 23 of the Petition. 24. Rekhaben admits Plaintiffs allegations in paragraph 24 of the Petition and affirmatively asserts that the reference to "Note 2" — as subsequently amended" is vague and uncertain. 25. Rekhaben admits Plaintiffs allegations in paragraph 25 of the Petition. 26. Rekhaben admits Plaintiffs allegations in paragraph 26 of the Petition and affirmatively asserts that the reference to "Note 3" —as subsequently amended" is vague and uncertain. 27. Rekhaben admits Plaintiffs allegations in paragraph 27 of the Petition. 28. Rekhaben denies Plaintiffs allegations in paragraph 28 of the Petition. 29. Rekhaben denies Plaintiffs allegations in paragraph 29 of the Petition. 30. Rekhaben denies Plaintiff's allegations in paragraph 30 of the Petition for lack of information. 31. Rekhaben denies Plaintiffs allegations in paragraph 31 of the Petition for lack of information. 32. Rekhaben denies Plaintiffs allegations in paragraph 32 of the Petition for lack M1.] of information. - c„ 33. Rekhaben admits Plaintiffs allegations in paragraph 33 of the Pttitf6h. - N 34. Rekhaben denies Plaintiffs allegations in paragraph 34 of thetiti9n foriT of information. N i;7 35. Rekhaben admits the allegations in paragraph 35 of the Petition. 36. Rekhaben denies Plaintiff's allegations in paragraph 36 of the Petition for lack of information. 37. Rekhaben denies Plaintiffs allegations in paragraph 37 of the Petition for lack of information. 38. Rekhaben denies Plaintiffs allegations in paragraph 38 of the Petition for lack of information. 39. Rekhaben denies Plaintiff's allegations in paragraph 39 of the Petition for lack of information. 40. Rekhaben denies Plaintiff's allegations in paragraph 40 of the Petition for lack of information. 41. Rekhaben denies Plaintiffs allegations in paragraph 41 of the Petition and affirmatively asserts that the documents are the best evidence of their respective contents and meaning. 42. Rekhaben denies Plaintiffs allegations in paragraph 42 of the Petition and affirmatively assert that the documents are the best evidence of their respective contents and meaning. 43. Rekhaben denies Plaintiffs allegations in paragraph 43 of the Petition for lack Q of information. rn 44. Rekhaben denies Plaintiffs allegations in paragraph 44 of tha^Peiitioa for l ek. c) of information. '`m 7 • 45. Rekhaben denies Plaintiffs allegations in paragraph 45 of the•Petiticiufor lack of information. 46. Rekhaben denies Plaintiff's allegations in paragraph 46 of the Petition for lack of information. 47. Rekhaben denies Plaintiff's allegations in paragraph 47 of the Petition for lack of information. 48. Rekhaben denies Plaintiff's allegations in paragraph 48 of the Petition for lack of information. 49. Rekhaben denies Plaintiffs allegations in paragraph 49 of the Petition for lack of information. 50. Rekhaben denies Plaintiff's allegations in paragraph 50 of the Petition for lack of information. 51. Rekhaben denies Plaintiff's allegations in paragraph 51 of the Petition for lack of information. 52. Rekhaben denies Plaintiff's allegations in paragraph 52 of the Petition for lack of information. 53. Rekhaben denies Plaintiff's allegations in paragraph 53 of the Petition for lack of information. 54. Rekhaben denies Plaintiff's allegations in paragraph 54 of the Petition for lack of information. 55. Rekhaben denies Plaintiff's allegations in paragraph 55 of the Petition for lack of information. C3 56. Rekhaben denies Plaintiff's allegations in paragraph 56 of theci3etitioor lack of information. co)--< r r te. :<� � N 57. Rekhaben denies Plaintiff's allegations in paragraph 57 of the Petition for lack of information. COUNT I 58. Rekhaben repleads and incorporates by reference her response to the paragraphs incorporated by reference in paragraph 58 of the Petition. 59. Rekhaben denies Plaintiff's allegations in paragraph 59 of the Petition for lack of information. 60. Rekhaben denies Plaintiffs allegations in paragraph 60 of the Petition for lack of information. 61. Rekhaben denies Plaintiff's allegations in paragraph 61 of the Petition for lack of information. 62. Rekhaben denies Plaintiffs allegations in paragraph 62 of the Petition for lack of information. 63. Rekhaben denies Plaintiff's allegations in paragraph 63 of the Petition for lack of information. 64. Rekhaben denies Plaintiff's allegations in paragraph 64 of the Petition for lack of information. 65. Rekhaben denies Plaintiff's allegations in paragraph 65 of the Petition for lack of information. 66. Rekhaben asserts that no response is required to Plaine:.,rs st ments._in j� ECD paragraph 66 of the Petition. r--- 67. Rekhaben denies Plaintiff's allegations in paragraph 67 of theTetiti an foJac"k of information. ry WHEREFORE, Rekhaben respectfully requests the Court deny the relief requested by Plaintiff in County I, dismiss this action at the cost of Plaintiff and such further relief as the Court finds just and equitable. COUNT II 68. Rekhaben repleads and incorporates by reference her responses to the paragraphs incorporated by reference in paragraph 68 of the Petition. 69. Rekhaben denies Plaintiff's allegations in paragraph 69 of the Petition for lack of information. 70. Rekhaben denies Plaintiff's allegations in paragraph 70 of the Petition for lack of information. 71. Rekhaben denies Plaintiff's allegations in paragraph 71 of the Petition. 72. Rekhaben denies Plaintiff's allegations in paragraph 72 of the Petition. 73. Rekhaben denies Plaintiff's allegations in paragraph 73 of the Petition. WHEREFORE, Rekhaben respectfully requests the Court deny the relief requested by Plaintiff in Count II, dismiss this action at the cost of Plaintiff and such further relief as the Court finds just and equitable. COUNT III 74. Rekhaben repleads and incorporates by reference her responses to the paragraphs incorporated by reference in paragraph 74 of the Petition. 75. Rekhaben denies Plaintiff's allegations in paragraph 75 of thi 'etiticsm 76. Rekhaben denies Plaintiff's allegations in paragraph 76 of the-Pitio ""e., N 77. Rekhaben denies Plaintiff's allegations in paragraph 77 of thFrliutitiaft N t.D WHEREFORE, Rekhaben respectfully requests the Court deny the relief requested by Plaintiff in Count III, dismiss this action at the cost of Plaintiff and such further relief as the Court finds just and equitable. • Denni• . cMenimen AT0005174 for SHUTTLEWORTH & INGERSOLL, P.L.C. 115 Third Street SE, Suite 500, P.O. Box 2107 Cedar Rapids, IA 52406 PHONE: (319) 365-9461 FAX: (319) 365-8443 E-mail: DJM@shuttleworthlaw.com ATTORNEYS FOR DEFENDANT REKHABEN V. BHATT Copies to: • Kevin H. Collins CERTIFICATE OF SERVICE NYEMASTER GOODE, P.C. The undersigned hereby certifies that a copy of One GreatAmerica Plaza this document was served upon counsel of record 625 First Street SE for each party to the action in compliance with IRCP 1.442(2)on January 30,2015,by: Cedar Rapids, IA 52401 Email: Ichcollins@nyemaster.com p I U.S.Mail I I Fax y Hand Delivered I I Fed Exp I I Email I I Other I I Electronic Filing Kristina M. Stanger • NYEMASTER GOODE, P.C. - 700 Walnut Street Suite 1600 Des Moines, IA 50309 Email: kmstanger@nyemaster.com r rn uozi N P- tr'1 u ijN) �•I E-FILED 2015 JAN 14 1:14 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY 29th STREET FINANCIAL ASSET ) OPPORTUNITIES FUND II, LP, ) EQUITY NO. EQCV 076717 assignee of ) BANKERS TRUST COMPANY, ) ) Plaintiff, ) ) v. ) ) DOLPHIN INTERNATIONAL, LLC, ) APPEARANCE DOLPHIN RESIDENTIAL ) COOPERATIVE, INC., ) RBJ MANAGEMENT, INC., ) SUDHIRKUMAR GIRISHBIIAI BHATT, ) VARSHA SUDHIR BHATT, VIJAY J. ) BHATT, REKIIABEN V. BHA'I"T, ) LEI YAO, ROB WITT, AURORA WITT, ) STEPHANIE ROSENAU, EDWARD ) SOBOLEWSKI, CLIFFORD WILLIAM ) EDDY, CITY OF IOWA CITY, ) KNAPP/WARDEN, LLC, AND ) PK CONSTRUCTION, INC. ) d/b/a PK CONSTRUCTION, ) Defendants. ) Dennis J. McMenimen of Shuttleworth & Ingersoll, P.L.C. hereby enters his appearance on behalf of the Defendants, Dolphin International, LLC, Dolphin Residential Cooperative, Inc., RBJ Management, Inc. and Vijay J. Bhatt. I L-14.-f-0 ( .,7,00;t..-`9frtg-1,t-1-1.4"y . Denni J McMenimen AJ310051k for ? ..,� SHUTTLEWORTH & 1NGER�,, ) d,.C. r ) 115 Third Street SE, Suite 5004'4 BR 210' Cedar Rapids, IA 52406 :<r" d PHONE: (319) 365-9465 Fri it FAX: (319) 365-844 " ' ry `�'7 c, V,'..wit.1"r#) (Lel cal)) C-c Cy A 4.-,t te-ta-tin 1 ttIA- 1Lµ isn klar1Cu 5 E-FILED 2015 JAN 14 1:14 PM JOHNSON - CLERK OF DISTRICT COURT E-mail: DJM@shuttleworthlaw.com ATTORNEYS FOR DEFENDANTS DOLPHIN INTERNATIONAL,LLC, DOLPHIN RESIDENTIAL COOPERATIVE, INC., RBJ MANAGEMENT, INC. and VIJAY J. BHATT Copies to: Kevin H. Collins CERTIFICATE OF SERVICE NYEMASTER GOODE, P.C. The undersigned hereby certifies that a copy of One GreatAmerica Plaza this document was served upon counsel of record 625 First Street SE for each party to the action in compliance with IRC'P 1.442(2)on January 14,2015,by: Cedar Rapids, IA 52401 pGI 11.S.Mail I 1 Fax khcollins@nyemaster.com Hand Delivered I I Fed Exp I I Email I I Other Kristina M. Stanger I I Electronic Filing NYEMASTER GOODE, P.C. 700 Walnut Street Suite 1600 Des Moines, IA 50309 Email: kmstanger@nyemaster.com dl c_ =1 (:)-< — � r m rn -fl :....o, • r y' � E-FILED 2015 JAN 14 1:14 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY 29`" STREET FINANCIAL ASSET ) OPPORTUNITIES FUND 11, LP, ) EQUITY NO. EQCV 076717 assignee of ) BANKERS TRUST COMPANY, Plaintiff, v. ) DOLPHIN INTERNATIONAL, LLC, ) ANSWER DOLPHIN RESIDENTIAL ) OF COOPERATIVE, INC., ) DOLPHIN INTERNATIONAL, LLC, RBJ MANAGEMENT, INC., ) DOLPHIN RESIDENTIAL SUDIIIRKUMAR GIRISHBHAI BIIATT, ) COOPERATIVE, INC., VARSHA SUDIIIR BHATT, VIJAY J. ) RBJ MANAGEMENT,INC., and BHATI,REKHABEN V. BHATT, ) VIJAY J. BHATT LEI YAO, ROB WITT, AURORA WITI', ) STEPHANIE ROSENAU, EDWARD SOBOLEWSKI, CLIFFORD WILLIAM ) EDDY, CITY OF IOWA CITY, ) • KNAPP/WARDEN, LLC,AND ) PK CONSTRUCTION,INC. ) d/b/a PK CONSTRUCTION, ) Defendants. ) COMES NOW, Dolphin International, LLC ("Borrower"), Dolphin Residential Cooperative, Inc. ("Cooperative"), RBJ Management, Inc. ("RBJ") and Vijay J. Bhatt ("Vijay")(collectively, Borrower, Cooperative and RBJ are referred to ;as, the dolphin Entities"), by and through the undersigned attorneys, and states the folloWf, g�Jn answer 4- the Petition filed by Plaintiff: 7c-, --yrrl PARTIES,JURISDICTION & VENUE. E ' 1? 1. The Dolphin Entities and Vijay deny for lack of information Plaintiff s allegations in paragraph 1 of the Petition. Lfi Q'tiv) Cy.v.c -�AJ A IA it eVG u t r.0 E-FILED 2015 JAN 14 1:14 PM JOHNSON-CLERK OF DISTRICT COURT 2. The Dolphin Entities and Vijay admit Plaintiff's allegations in paragraph 2 of the Petition. 3. The Dolphin Entities and Vijay admit Plaintiff's allegations in paragraph 3 of the Petition. 4. The Dolphin Entities and Vijay admit Plaintiffs allegations in paragraph 4 of the Petition. 5. The Dolphin Entities and Vijay admit Plaintiffs allegations in paragraph 5 of the Petition. 6. The Dolphin Entities and Vijay admit Plaintiffs allegations in paragraph 6 of the Petition. 7. The Dolphin Entities and Vijay admit Plaintiffs allegations in paragraph 7 of the Petition. 8. The Dolphin Entities and Vijay admit Plaintiffs allegations in paragraph 8 of the Petition. 9. The Dolphin Entities and Vijay admit Plaintiff's allegations in paragraph 9 of the Petition. 10. The Dolphin Entities and Vijay deny for lack of information Plaintiffs allegations in paragraph 10 of the Petition. 11. The Dolphin Entities and Vijay deny for lack of information Plaintiffs allegations in paragraph 11 of the Petition. 12. The Dolphin Entities and Vijay deny for lack of information Plaintiffs allegations in paragraph 12 of the Petition. E-FILED 2015 JAN 14 1:14 PM JOHNSON - CLERK OF DISTRICT COURT 13. The Dolphin Entities and Vijay deny for lack of information Plaintiffs allegations in paragraph 13 of the Petition. 14. The Dolphin Entities and Vijay deny for lack of information Plaintiff's allegations in paragraph 14 of the Petition. 15. The Dolphin Entities and Vijay deny for lack of information Plaintiff's allegations in paragraph 15 of the Petition. 16, The Dolphin Entities and Vijay deny for lack of information Plaintiff's allegations in paragraph 16 of the Petition. 17. The Dolphin Entities and Vijay admit Plaintiffs allegations in paragraph 17 of the Petition. 18. The Dolphin Entities and Vijay admit Plaintiff's allegations in paragraph 18 of the Petition. 19. The Dolphin Entities and Vijay admit Plaintiff's allegations in paragraph 19 of the Petition. 20. The Dolphin Entities and Vijay admit Plaintiff's allegations in paragraph 20 of the Petition. 21. The Dolphin Entities and Vijay admit Plaintiff's allegations in paragraph 21 of the Petition. 22. The Dolphin Entities and Vijay assert that no response to Plaintiff's statements in paragraph 22 of the Petition is required. 23. The Dolphin Entities and Vijay admit Plaintiffs allegations in paragrph 23 of the Petition. =�. �_G., 7:1 1741 Crl CD E-FILED 2015 JAN 14 1:14 PM JOHNSON - CLERK OF DISTRICT COURT 24. The Dolphin Entities and Vijay admit Plaintiff's allegations in paragraph 24 of the Petition and affirmatively assert that the reference to "Note 2" — as subsequently amended"is vague and uncertain. 25. The Dolphin Entities and Vijay admit Plaintiff's allegations in paragraph 25 of the Petition. 26. The Dolphin Entities and Vijay admit Plaintiff's allegations in paragraph 26 of the Petition and affirmatively assert that the reference to "Note 3" — as subsequently amended"is vague and uncertain. 27. The Dolphin Entities and Vijay admit Plaintiff's allegations in paragraph 27 of the Petition. 28. The Dolphin Entities and Vijay deny Plaintiff's allegations in paragraph 28 of the Petition. 29. The Dolphin Entities and Vijay deny' Plaintiff's allegations in paragraph 29 of the Petition. 30. The Dolphin Entities and Vijay deny Plaintiff's allegations in paragraph 30 of the Petition for lack of information. 31. The Dolphin Entities and Vijay deny Plaintiff's allegations in paragraph 31 of the Petition for lack of information. 32. The Dolphin Entities and Vijay deny Plaintiff's allegations in paragraph 32 of the Petition for lack of information. 33. The Dolphin Entities and Vijay admit Plaintiff's allegations Inparagrflph 33 Y of the Petition. --tom .7c,-; _v in .22 ry 0 E-FILED 2015 JAN 14 1:14 PM JOHNSON - CLERK OF DISTRICT COURT 34. Vijay admits Plaintiffs allegations in paragraph 34 of the Petition but the Dolphin Entities deny Plaintiffs allegations in paragraph 34 of the Petition for lack of information. 35. The Dolphin Entities and Vijay deny Plaintiff's allegations in paragraph 35 of the Petition for lack of information. 36. The Dolphin Entities and Vijay deny Plaintiff's allegations in paragraph 36 of the Petition for lack of information. 37. The Dolphin Entities and Vijay deny Plaintiff's allegations in paragraph 37 of the Petition for lack of information. 38. The Dolphin Entities and Vijay deny Plaintiff's allegations in paragraph 38 of the Petition for lack of information. 39. The Dolphin Entities and Vijay deny Plaintiff's allegations in paragraph 39 of the Petition for lack of information. 40. 'The Dolphin Entities and Vijay deny Plaintiff's allegations in paragraph 40 of the Petition for lack of information. 41. The Dolphin Entities and Vijay deny Plaintiff's allegations in paragraph 41 of the Petition and affirmatively assert that the documents are the best evidence of their respective contents and meaning. 42. The Dolphin Entities and Vijay deny Plaintiffs allegations in paragraph 42 of the Petition and affirmatively assert that the documents are the best evidence of their respective contents and meaning. -- �, f.) 43. The Dolphin Entities and Vijay deny Plaintiffs allegations irilpaiagrapl 43 gr. c-�— -- ,.a..�. the Petition for lack of information. al CD E-FILED 2015 JAN 14 1:14 PM JOHNSON - CLERK OF DISTRICT COURT 44. The Dolphin Entities and Vijay deny Plaintiff's allegations in paragraph 44 of the Petition for lack of information. 45. The Dolphin Entities and Vijay deny Plaintiff's allegations in paragraph 45 of the Petition for lack of information. . 46. The Dolphin Entities and Vijay deny Plaintiff's allegations in paragraph 46 of the Petition for lack of information. 47. The Dolphin Entities and Vijay deny Plaintiff's allegations in paragraph 47 of the Petition for lack of information. 48. The Dolphin Entities and Vijay deny Plaintiff's allegations in paragraph 48 of the Petition for lack of information. 49. The Dolphin Entities and Vijay deny Plaintiffs allegations in paragraph 49 of the Petition for lack of information. 50. The Dolphin Entities and Vijay deny Plaintiff's allegations in paragraph 50 of the Petition for lack of information. 51. The Dolphin Entities and Vijay deny Plaintiff's allegations in paragraph 51 of the Petition for lack of information. 52. The Dolphin Entities and Vijay deny Plaintiff's allegations in paragraph 52 of the Petition for lack of information. 53. me Dolphin Entities and Vijay deny Plaintiff's allegations in paragraph 53 of the Petition for lack of information. 54. The Dolphin .T ntities and Vijay deny Plaintiff's allegations in-aragra 54 of the Petition for lack of information. _,, 11r, cr rri '? €'"o"i Q E-FILED 2015 JAN 14 1:14 PM JOHNSON - CLERK OF DISTRICT COURT 55. The Dolphin Entities and Vijay deny Plaintiffs allegations in paragraph 55 of the Petition for lack of information. 56. The Dolphin Entities and Vijay deny Plaintiff's allegations in paragraph 56 of the Petition for lack of information. 57. The Dolphin Entities and Vijay deny Plaintiffs allegations in paragraph 57 of • the Petition for lack of information. COUNT 58. The Dolphin Entities and Vijay replead and incorporate by reference their respective responses to the paragraphs incorporated by reference in paragraph 58 of the Petition. 59. The Dolphin Entities and Vijay Plaintiff's allegations in paragraph 59 of the Petition for lack of information. 60. The Dolphin Entities and Vijay deny Plaintiff's allegations in paragraph 60 of the Petition for lack of information. 61. The Dolphin Entities and Vijay deny Plaintiffs allegations in paragraph 61 of the Petition for lack of information. 62. The Dolphin Entities and Vijay deny Plaintiffs allegations in paragraph 62 of the Petition for lack of information. 63. The Dolphin Entities and Vijay deny Plaintiffs allegations in paragraph 63 of the Petition for lack of information. 64. The Dolphin Entities and Vijay deny Plaintiff's allegations in paragrggh 64 of (LI the Petition for lack of information. M :Cr.; N.34^W�M - Q E-FILED 2015 JAN 14 1:14 PM JOHNSON - CLERK OF DISTRICT COURT • 65. The Dolphin Entities and Vijay deny Plaintiff's allegations in paragraph 65 of the Petition for lack of information. 66. The Dolphin Entities and Vijay assert that no response is required to Plaintiffs statements in paragraph 66 of the Petition. 67. The Dolphin Entities and Vijay deny Plaintiffs allegations in paragraph 67 of the Petition for lack of information. WHEREFORE, the Dolphin Entities and Vijay respectfully request the Court deny the relief requested by Plaintiff in County I, dismiss this action at the cost of Plaintiff and such further relief as the Court finds just and equitable. COUNT II 68. The Dolphin Entities and Vijay replead and incorporate by reference their • respective responses to the paragraphs incorporated by reference in paragraph 68 of the Petition. 69. The Dolphin Entities and Vijay deny Plaintiff's allegations in paragraph 69 of the Petition for lack of information. 70. The Dolphin Entities and Vijay deny Plaintiff's allegations in paragraph 70 of the Petition for lack of information. 71. The Dolphin Entities and Vijay deny Plaintiffs allegations in paragraph 71 of the Petition. 72. The Dolphin Entities and Vijay deny Plaintiff's allegations in paragcph 72 of u, the Petition. .`..'r, z.� = c a 73. '1 he Dolphin Entities and Vijay deny Plaintiffs allegations i2p -agrovh 73rf- -ac the Petition. _ n P1 E-FILED 2015 JAN 14 1:14 PM JOHNSON - CLERK OF DISTRICT COURT WHEREFORE, the Dolphin Entities and Vijay respectfully request the Court deny the relief requested by Plaintiff in Count 11, dismiss this action at the cost of Plaintiff and such further relief as the Court finds just and equitable. COUNT I I I 74. The Dolphin Entities and Vijay replead and incorporate by reference their respective responses to the paragraphs incorporated by reference in paragraph 74 of the Petition. 75. The Dolphin Entities and Vijay deny Plaintiffs allegations in paragraph 75 of the Petition. 76. The Dolphin Entities and Vijay deny Plaintiff's allegations in paragraph 76 of the Petition. 77. The Dolphin Entities and Vijay deny Plaintiff's allegations in paragraph 77 of the Petition. WHEREFORE, the Dolphin Entities and Vijay respectfully request the Court deny the relief requested by Plaintiff in Count III, dismiss this action at the cost of Plaintiff and such further relief as the Court finds just and equitable. / J Dennis . McMenimen AT0005174 for SHUTTLEWORTH & INGERSOLL, P.L.C. 115 Third Street SE, Suite 500, P.O. B.2107 Cedar Rapids, IA 52406 PHONE: (319) 365-946t: `73 FAX: (319) 365-8443 --i E-mail: DJM(a)shuttlevrRrglavom "' r_ ATTORNEYS FOR DEFENI .1 I'S .: DOLPHIN INTERNATIONA1:;,--LL(U; o E-FILED 2015 JAN 14 1:14 PM JOHNSON - CLERK OF DISTRICT COURT DOLPHIN RESIDENTIAL COOPERATIVE, INC., RBJ MANAGEMENT, INC. and VIJAY J. BHATT Copies to: Kevin H. Collins CERTIFICATE OF SERVICE NYEMASTER GOODE, P.C. The undersigned hereby certifies that a copy of One GreatAmerica Plaza this document was served upon counsel of record 625 First Street SE for each party to the action in compliance with IRCP 1.442(2)on January 14,2015,by: Cedar Rapids, IA 52401 Email: khcollins(7a,n ernaster.com ' an Mail I I Fax y H I I Hand Delivered I I Fed Exp I I Email I I Other Kristina M. Stanger I I Electronic Filing NYEMASTER GOODE, P.C. �� ��� y ,.„��,,•. 700 Walnut Street Suite 1600 Des Moines, IA 50309 Email: kmstanger@nyemaster.com Com-: --- ' IN) / w IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY 29TH STREET FINANCIAL ASSET EQUITY No.EQCV076717 OPPORTUNITIES FUND II, LP, assignee of BANKERS TRUST COMPANY, Plaintiff, v. DOLPHIN INTERNATIONAL, LLC, NOTICE OF INTENT TO FILE WRITTEN DOLPHIN RESIDENTIAL COOPERATIVE, APPLICATION FOR DEFAULT INC., RBJ MANAGEMENT, INC., JUDGMENT SUDHIRKUMAR GIRISHBHAI BHATT, VARSHA SUDHIR BHATT,VIJAY J. BHATT, REKHABEN V. BHATT, LEI YAO, ROB WITT, AURORA WITT, STEPHANIE ROSENAU, EDWARD SOBOLEWSKI, CLIFFORD WILLIAM EDDY, CITY OF IOWA CITY, KNAPP/WARDEN, LLC, AND . s i PK CONSTRUCTION, INC. d/b/a PK CONSTRUCTION, r, `i -n a rn Defendants. = TO: City of Iowa City, Clerk Marian Karr 410 E. Washington Street Iowa City, Iowa 52240 DATE OF NOTICE: January 7, 2015 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A DEFAULT JUDGMENT WILL BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD SEEK LEGAL ADVICE AT ONCE. C 1L� a I (_"t41{ e F,J rt ciLt 1 C. (To fk_ tKu 5 NYEMASTER GOODE, P.C. 700 Walnut Street, Suite 1600 Des Moines, Iowa 50309-3899 Telephone: (515) 283-3100 Fax: (515) 283-8045 Email: kms@nyemaster.com By: Is/Kristina M. Stanger AT0000255 ATTORNEYS FOR PLAINTIFF 29TH STREET FINANCIAL ASSET OPPORTUNITIES FUND II, LP Copy to: Dennis J. McMenimen Shuttleworth& Ingersoll, P.C. P.O. Box 2107 Cedar Rapids, Iowa 52406-2107 ATTORNEY FOR DOLPHIN INTERNATIONAL, LLC, DOLPHIN RESIDENTIAL COOPERATIVE, INC., RBJ MANAGEMENT, INC., AND VIJAY J. BHATT CERTIFICATE OF SERVICE The undersigned hereby certifies that a true copy of the foregoing document was served by U.S. Mail to the parties listed above, by enclosing the same in an envelope addressed to each such party at the addresses listed, with postage fully paid, and by depositing said envelope in a United States Post Office depository in Des Moines, Iowa on the 0 day of January, 2015. r`1 C!7 = Epi W CD 2 END OF CASE FILE ` r 4 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY UPON THE PETITION OF ) ) IOWA CITY ASSOCIATION OF ) PROFESSIONAL FIREFIGHTERS, ) LOCAL 610;AMERICAN ) Case No. EQCV 0l6t4 3 FEDERATION OF STATE,COUNTY ) AND MUNICIPAL EMPLOYEES ) (AFSCME)Local 183; AND THE ) POLICE LABOR RELATIONS ) ORIGINAL NOTICE ORGANIZATION OF IOWA CITY, ) ) Petitioner, ) AND CONCERNING ) cc-) m —4 ..,...� r- CITY OF IOWA CITY, ) =-�< t -a rn Respondent. ) ` .�;..� w %' o TO THE ABOVE NAMED RESPONDENT: You are hereby notified that there is now on file in the office of the clerk of Johnson County a Petition for Temporary and Permanent Injunction in the above- captioned action, a copy of which is attached hereto. The Petitioner's attorney is Crystal L. Usher, Nazette,Marner,Nathanson& Shea, L.L.P.,whose address is 615 2nd Street SW, P.O. Box 74210, Cedar Rapids, Iowa 52407. Her phone number is (319) 366-1000; facsimile number is(319) 364-1116; and e-mail is crystal.usher@nazettelaw.com. This case has been filed in a county that utilizes electronic filing. General rules and information on electronic filing are contained in Iowa Court Rules Chapter 16. Information regarding requirements related to the protection of personal information in court filings is contained in Iowa Court Rules Chapter 16,Division VI. You must serve a motion or answer within 20 days after service of this Original Notice upon you by using the Iowa Judicial Branch Electronic Document Management System(EDMS)at https://www.iowacourts.state.ia.us/EFile, unless you obtain from the court an exemption from electronic filing requirements. If you do not file your appearance, motion or answer within 20 days from the date you are served with this Original Notice,judgment by default will be rendered against you for the relief demanded in the Petition. NOTE: The attorney who is expected to represent the Respondent should be promptly advised by Respondent 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. If you are hearing impaired,please call Relay Iowa TTY at 1-800-735-2942.Disability coordinators cannot provide legal advice. Com `. C f \ lr�y N. t STATE OF IOWA JUDICIARY Case No. EQCV077643 County Johnson Case Title ICAPFF, ET AL V. CITY OF IOWA CITY THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING. Therefore,unless the attached Petition and Original Notice contains a hearing date for your appearance,or unless you obtain an exemption from the court,you must file your Appearance and Answer electronically. You must register through the Iowa Judicial Branch website at http://www.iowacourts.state.ia.us/Efile and obtain a log in and password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court. FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING,REFER TO THE IOWA COURT RULES CHAPTER 16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM: http://www.iowacourts.state.ia.us/Efile FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS,REFER TO DIVISION VI OF IOWA COURT RULES CHAPTER 16:http://www.iowacourts.state.ia.us/Efile Scheduled Hearing: If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district ADA coordinator at (319)398-3920 . (If you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942.) Date Issued 10/16/2015 09:39:53 AM N O''' }1 �7, N .�....�+ „). :, J District Clerk of Johnson County /s/ Wendy Lonngren E-FILED 2015 OCT 16 9:32 AM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY UPON THE PETITION OF ) ) IOWA CITY ASSOCIATION OF ) PROFESSIONAL FIREFIGHTERS, ) Case No. EQCV CA4(043 LOCAL 610; AMERICAN ) FEDERATION OF STATE,COUNTY ) AND MUNICIPAL EMPLOYEES ) (AFSCME)Local 183;AND THE ) PETITION FOR TEMPORARY AND POLICE LABOR RELATIONS ) PERMANENT INJUNCTION ORGANIZATION OF IOWA CITY, ) - s C Petitioner, ) 71 AND CONCERNING ) '_ ; _ t t CITY OF IOWA CITY, o Respondent. COME NOW,the Petitioners,the Iowa City Association of Professional Firefighters,Local 610,American Federation of State,County,and Municipal Employees Local 183(AFSCME),and the Police Labor Relations Organization of Iowa City,and for their Petition for Temporary and Permanent Injunction state: 1. This action is filed pursuant to Iowa Rule of Civil Procedure,Rule 1.1502. 2. The Petitioner,Iowa City Association of Professional Firefighters,is a properly certified labor union that represents the members of the Iowa City Fire Department. Said Petitioner's business address is in Iowa City,IA. 3. The Petitioner,American Federation of State,County,and Municipal Employees,Local 183(AFSCME),is a properly certified labor union that represents employees of the City of Iowa City. Said Petitioner's business address is in Iowa City,IA. E-FILED 2015 OCT 16 9:32 AM JOHNSON -CLERK OF DISTRICT COURT 4. The Petitioner,Police Labor Relations Organization of Iowa City,is a properly certified labor union that represents the members of the Iowa City Police Department. Said Petitioner's business address is in Iowa City, IA. 5. The Respondent is the City of Iowa City,whose business address is 410 E.Washington Street, Iowa City, IA. 6. The respondent has enacted a Policy titled "Title: Residency Requirements"with an effective date of September 17, 2015. Said Policy is attached hereto as "Exhibit 1" and by this reference incorporated herein. 7. Said policy applies to members of each of the Petitioner Unions. 8. The requirement to reside within 17 miles of the corporate limits of Iowa City bears no rational basis to the business of Iowa City. a. By contract the members of Petitioner Iowa City Association of Professional Firefighters,Local 610,are not required to come back to the station for any"call back". b. By contract the members of Petitioner Police Labor Relations Organization of Iowa City,are not required to come back to the station for any"call back". c. By contract the members of Petitioner Iowa City Association of America Federation of State,County and Municipal Employees,Local 183,certain members are on call with on call restrictions. No others are required to be available for call back duty. 9. Johnson County is the most expensive county to reside in. Forcing Petitioner's members to reside in Johnson County deprives Petitioner's members of their money without due process of law. cn M-.F 10. Said policy also purports to define"residency". The definition of resiy cielrivesw U j CD E-FILED 2015 OCT 16 9:32 AM JOHNSON -CLERK OF DISTRICT COURT Petitioner's members of property without due process in violation of the Fifth Amendment of United States Constitution which was applied to the states by the Fourteenth Amendment of the United States Constitution.Further said policy violates the Constitution of the State of Iowa Bill of Rights Section 1 as amended by Amendment 1 of the Amendments of 1998. 11. Said policy on its face deprives Petitioners and the members they represent from obtaining potential second jobs in communities other than Johnson County as residency is defined by "Location where the employee spends his/her off-duty time". 12. Said policy on its face prohibits Petitioners and the members from"maintaining a rented room or rooms, maintaining a living quarters with a friend of relative, and or maintaining a home separate from an employee's family when done principally for the purpose of demonstrating residency is not allowable". Said policy also requires"active ownership or lease document in the employee's name". On its face said policy would prohibit Petitioner's members to reside in their parents'home or other family member's home without a lease;in a home where only the member's spouse or another owns the home;to share a home with another member with or without a lease;or to maintain a home separate from the member's family. 13. Members of Petitioner's unions reside with family members,rent from others with or without a lease,room with others and reside separate from family members for reasons unrelated to residency, such as their opportunities for employment or education for themselves or children. Moreover, as the Respondent has no ability or right to dictate where a member's fairi}live it is-'° i necessary and desirable for some member employees to reside separately from their fafiiil to n intain, i'F - ) their residency. P 14. Said provisions are over broad and subject to capricious and arbitraryet forcement. 15. The policy violates the due process rights of member employees' families by E-FILED 2015 OCT 16 9:32 AM JOHNSON -CLERK OF DISTRICT COURT purportedly forcing them to reside within the city residency limits and will result in the loss of previously purchased homes,employment opportunities or educational opportunities all without due process of law. 16. The policy,on its face violates Petitioners and their families their First Amendment to the United States Constitution and Article I Section 1 as amended in 1998 to assemble with persons they desire and to pursue and obtain safety and happiness by requiring the majority of their off duty time be spent in the residency zone and for the employee and their family to maintain their family and social ties in the residency zone and to require family members to reside,work and attend school within the residency zone. 17. The policy is overbroad on its face as the City of Iowa City has no right to dictate where and employee spends their off duty time, with whom they choose to spend their off duty time, and where the employee's family resides,works or attends school or where they choose to entertain their friends. 18. The policy on its face would require Petitioner's to log their activities and the location they engage in those activities while off duty to defend against arbitrary and capricious enforcement of the policy. 19. The definition the City of Iowa City has established for residency has no rational basis in law or fact for any operational reasons but rather impermissibly intrudes on the Petitioners and their families' personal lives and constitutionally protected freedoms. 20. The City of Iowa City should be temporarily and permanently restrained and enjoined from enforcing the policy "Residency Requirements" to protect Petitioners' and their families constitutionally protected rights. y 21. Petitioners and their families would suffer irreparable harm if RespFunthent` not i'""' --v Ian o E-FILED 2015 OCT 16 9:32 AM JOHNSON - CLERK OF DISTRICT COURT temporarily and permanently enjoined from enforcement as they risk loss of employment,educational opportunities,loss of their real and personal property that could not be restored to them in an adequate fashion, and risk incurring unnecessary legal fees to prepare and create leases and transfers of ownership to protect their employment with the City of Iowa City. They would further be irreparably harmed by the chilling effect the policy has on social and family activities outside of the residence zone. 22. Petitioners have not previously requested or been denied injunctive relief. 23. Petitioners cannot notify the City of Iowa City as to the filing of this action as their concern is member employees will be terminated or subject to discipline prior to the entry of the temporary injunction. One member employee specifically will be required to live away from his family to comply with the residency zone and was previously terminated by the City of Iowa City and reinstated by the Iowa City Civil Service Commission who directed that he comply with any new residency policy within 30 days. Given that the clear language of many portions of the definition of residency in the policy appear to be directly aimed at said employee should he move to Iowa City and live separately from his family. WHEREFORE,the Petitioner's pray that the Court grant a temporary and permanent injunction prohibiting the City of Iowa City from enforcing the policy entitled "Residency Policy" enacted September 17,2015 until such time as this matter can be heard by the Court;and for such other and further relief as the Court deems just and equitable in the premises. `4 > o l' 4 , cy� • ', -0 Fri E-FILED 2015 OCT 16 9:32 AM JOHNSON -CLERK OF DISTRICT COURT Nazette, Marner, Nathanson &Shea L.L.P. 615 2"d Street SW P.O. Box 74210 Cedar Rapids, Iowa 52407-4250 Phone: (319) 366-1000 Fax: (319) 364-1116 Crystal.usher(nazettelaw.com C stal L. Usher AT0008023 ATTORNEY FOR RESPONDENT N cn .'` —1 anwi r N 1 --1 ? z<r rn _.„ 1 E-FILED 2015 OCT 16 9:32 AM JOHNSON -CLERK OF DISTRICT COURT Administrative Regulations 4 �'C2 -ti City of Iowa City Title: Residency Requirements CITY OF IOWA C11'Y 4111 I 4•1 on Effective Date: 9/17/2015 Page: 1 of 2 „..h..`, 11,71 Supersedes: 5/2015 A.R.Titled: Residency Requirements los, I. Purpose The following represents a policy establishing the maximum distance police officers, firefighters and other critical municipal employees may live from their place of employment per Chapter 400.17 of the Iowa Code. II. Policy Employees holding the following positions shall be required to establish and maintain primary residency within 17 miles of the corporate limits of Iowa City, Iowa within one year of appointment to the position: Deputy Fire Chief Fire Battalion Chief Fire Captain Fire Lieutenant Firefighter Police Captain Police Lieutenant Police Sergeant Police Officer Animal Shelter Supervisor Maintenance Worker I —Streets Maintenance Worker II (Signs)—Streets Maintenance Worker II —Streets Maintenance Worker III — Streets Maintenance Worker III (Lead Sweeper Operator)—Streets Senior Maintenance Worker—Streets Maintenance Operator—Wastewater Maintenance Worker II—Wastewater Treatment Plant Maintenance Worker III —Wastewater Collection C;, Senior Maintenance Worker—Wastewater Collection a Senior Maintenance Worker—Wastewater Plant _ �'—► . �„� Senior Treatment Plant Operator—Wastewater y' -' :v Assistant Superintendent—Water --_ ` ' Maintenance Operator—Water Maintenance Worker I —Water Customer Service Maintenance Worker II —Waster Distribution .• Maintenance Worker II —Water Service - o Maintenance Worker III—Water Distribution Maintenance Worker III —Water Service Senior Maintenance Worker—Water Distribution Senior Maintenance Worker—Water Plant Senior Treatment Plant Operator—Water Treatment Plant Operator—Water This policy supersedes any residency requirement policies adopted at the Department level. Employees in positions covered by this policy who were in compliance with a Departmental residency policy upon the May 2015 adoption of the City policy will be considered grandfathered under the prior documented departmental policy. Grandfather status will be lost upon relocation to a different primary residence which must satisfy the requirements of this policy. EXHIBIT E-FILED 2015 OCT 16 9:32 AM JOHNSON -CLERK OF DISTRICT COURT III. Definition of Primary Residency For the purposes of complying with this policy, primary residency shall mean the employee's home where he/she lives and usually carries out daily life activities such as eating, sleeping, bathing, socializing and where he/she maintains the normal personal and household effects for day-to-day living. The facts and circumstances of each case must be examined in determining primary residency. The determination of primary residency shall include a consideration of all relevant factors including, but not limited to, the following: • Location where the employee's family members reside,work and attend school • Location where the employee keeps his/her tangible personal property and effects and where —his/her family keeps their personal property and effects • Location where the employee receives his/her mail and packages • Location where the employee spends his/her off-duty time • Location where the employee usually eats, sleeps and bathes • Location where the employee welcomes guests to his/her home • The community or neighborhood with which the employee and his/her family maintain family and social ties • Location that the employee lists for official documents such as tax returns, voter registration, and driver's license �• Location which is most suitable in terms of aesthetics, habitability, comparative comfort, convenience, and regular access • Location where there is an apparent intent to make a permanent home • Reasonable utility usage at the residence • Active ownership or lease document in the employee's name _ The good faith of the employee is also a factor to be considered. Maintaining a rented room or rooms, /maintaining a living quarters with a friend or relative, and/or maintaining a home separate from an employee's family when done principally for the purpose of demonstrating residency is not allowable. Time spent on-duty does not constitute time living within the required residency area. IV. Regulation Update and Responsibility Periodic review, updates, and questions of interpretation of this policy are the responsibility of Human Resources. Department Directors shall be ultimately responsible for ensuring/monitoring compliance of employees in positions subject to this policy. The City Manager or designee shall be responsible for final interpretation and application of this policy. Any waivers or extensions of this policy shall be subject to the approval of the City Manager or designee. • •rov /71.,=v-Z----- ity • anager Date - .: c-) -=c^, ONix E-FILED 2015 OCT 16 9:32 AM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY UPON THE PETITION OF ) ) IOWA CITY ASSOCIATION OF ) PROFESSIONAL FIREFIGHTERS, ) Case No.EQCV C) 4 64 LOCAL 610;AMERICAN ) FEDERATION OF STATE,COUNTY ) AND MUNICIPAL EMPLOYEES ) (AFSCME)Local 183;AND THE ) AFFIDAVIT OF BRANDON POLICE LABOR RELATIONS ) PFLANZER ORGANIZATION OF IOWA CITY, ) ) Petitioner, ) ) AND CONCERNING ) ) CITY OF IOWA CITY, ) Respondent. ) t, c=1) -f l _�•�,2 —1 0 STATE OF IOWA ) rco N_ ) r o COOUNTY OF JOHNSON ) I,Brandon Pflanzer,after being duly sworn on oath do state and depose as follows: 1. I am the current President of the Iowa City Association of Professional Firefighters, a properly certified labor union that represents the members of the Iowa City Fire Department. 2. The Respondent has enacted a Policy titled"Title:Residency Requirements"with an effective date of September 17,2015. 3. Said policy applies to members of my Union. 4. The requirement that we reside within 17 miles of the corporate limits of Iowa City bears no rational basis to the business of Iowa City. a. By contract the members of Petitioner Iowa City Association of Professional E-FILED 2015 OCT 16 9:32 AM JOHNSON - CLERK OF DISTRICT COURT Firefighters, Local 610, are not required to come back to the station for any "call back". b. By contract the members of Petitioner Police Labor Relations Organization of Iowa City,are not required to come back to the station for any"call back". c. By contract the members of Petitioner Iowa City Association of America Federation of State, County and Municipal Employees, Local 183, certain members are on call with on call restrictions. No others are required to be available for call back duty. 5. Johnson County is the most expensive county in Iowa to reside in. Forcing my members to reside in Johnson County deprives my members of their earnings without due process of law. 6. Said policy also purports to define"residency". The definition of residency deprives my members of significant Constitutional rights protected by both the United States Constitution and the Constitution of the State of Iowa. 7. Said policy on its face deprives my members from obtaining potential second jobs in communities other than Johnson County as residency is defined by "Location where the employee spends his/her off-duty time". 8. Said policy on its face prohibits Petitioners and the members from "maintaining a rented room or rooms, maintaining living quarters with a friend or relative, and or maintaining a home separate from an employee's family when done principally for the purpose of demonstrating residency is not allowable". Said policy also requires "active ownership or lease document in the employee's name". On its face said policy would prohibit my members from residing inTieir parents' home or other family member's home without a lease; in a home where only t iiien is co O G) E-FILED 2015 OCT 16 9:32 AM JOHNSON -CLERK OF DISTRICT COURT spouse or another owns the home; to share a home with another member with or without a lease; or to maintain a home separate from the member's family. 9. Members of my union reside with family members and may or may not pay rent; rent from others with or without a lease; room with others; and reside separate from family members for reasons unrelated to residency, such as their or their family's opportunities for employment or education. Moreover, as the Respondent has no ability or right to dictate where a member's family live,it is necessary and desirable for some member employees to reside separately from their family to maintain their residency. 10. Said provisions are over broad and subject to capricious and arbitrary enforcement. 11. The policy violates the due process rights of member employees' families by purportedly forcing them to reside within the city residency limits and will result in the loss of previously purchased homes, employment opportunities or educational opportunities for those family members all without due process of law. 12. The policy, on its face also violates my members' and their families' constitutionally protected rights to assemble with persons they desire and to pursue and obtain safety and happiness by requiring that not only the members spend the majority of their off duty time in the residency zone but also their families. It also requires the members and their family maintain their family and social ties in the residency zone and to require family members to reside, work and attend school within the residency zone. 13. The policy is overbroad on its face as the City of Iowa City has no right to dictate where my members and their families spend their off duty time, with whom they choose to sRend their off duty time, and where the member's family resides, works or attends school or wheraeyri --� choose to entertain their friends. on 0 E-FILED 2015 OCT 16 9:32 AM JOHNSON - CLERK OF DISTRICT COURT 14. The policy on its face would require Petitioners to log their activities and the location they engage in those activities while off duty to defend against arbitrary and capricious enforcement of the policy. 15. The definition the City of Iowa City has established for residency has no rational basis in law or fact for any operational reasons but rather impermissibly intrudes on my members' and their families' personal lives and constitutionally protected freedoms. 16. The City of Iowa City should be temporarily and permanently restrained and enjoined from enforcing the policy "Residency Requirements" to protect my members' and their • families' constitutionally protected rights. 17. My members and their families would suffer irreparable harm if Respondent is not temporarily and permanently enjoined from enforcement as they risk loss of employment, educational opportunities, loss of their real and personal property that could not be restored to them in an adequate fashion, and risk incurring unnecessary legal fees to prepare and create leases and transfers of ownership to protect their employment with the City of Iowa City. They would further be irreparably harmed by the chilling effect the policy has on social and family activities outside of the residence zone. 18. Petitioners have not previously requested or been denied injunctive relief. 19. Petitioners cannot notify the City of Iowa City as to the filing of this action as their concern is member employees will be terminated or subject to discipline prior to the entry of the temporary injunction. One member employee, specifically, will be required to live away from his family to comply with the residency zone. Said employee was previously terminated by the Ci of Iowa City based on its belief that he did not comply with the then existing residency pgliy. Aske had no idea how long he was going to be unemployed and needed to have health tis r ncErfor F r co � f E-FILED 2015 OCT 16 9:32 AM JOHNSON -CLERK OF DISTRICT COURT himself and his child, he married his fiancée upon his termination. The fiancée owns a home in Marion, Iowa and has employment in Marion,Iowa and her children attend school in Marion, Iowa. He was reinstated by the Iowa City Civil Service Commission which as part of his reinstatement required the City of Iowa City to revisit the residency policy and include in any new policy a definition of"residency". The Civil Service Commission also directed that said employee comply with any new residency policy within 30 days of a new policy. The policy I am seeking to enjoin on behalf of the members I represent is clearly retaliatory to my employee's success in being reinstated. Many of the paragraphs included in the definition are directed specifically at his circumstances. Those paragraphs include but are not limited to: "Location where the employee's family members reside, work and attend school" and " The good faith of the employee is also a factor to be considered. Maintaining a rented room or rooms, maintaining a living quarters with a friend or relative, and/or maintaining a home separate from an employee's family when done principally for the purpose of demonstrating residency is not allowable." This employee will be living in Iowa City or an area in the residency zone, away from his wife who works in Marion and who has children that attend school in Marion. He will most likely be renting a room or rooms (which is so broad as to include a leased apartment) or returning to the leased premises he previously resided in with a friend. Given that, the clear language of the definition of residency in the policy appear to be directly aimed at said employee should he move to Iowa City and live separately from his family, I am concerned that he will be disciplined or terminated immediately and suffer the irreparable harm of loss of wages and health insurance benefits while awaiting a Civil Service hearing and the legal fees that process will require he expend. " .":. CD 523 -o r CZ 1 Q a-, E-FILED 2015 OCT 16 9:32 AM JOHNSON - CLERK OF DISTRICT COURT Brandon Pflan7er Subscribed and sworn to before me this t3 day of October,2015. liAjLteSI At6/I 3/2-05- Shams Riga Notary Public,State of Iowa C +� til l 9/242;j RL tom. o N - S1 co E-FILED 2015 OCT 16 9:32 AM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY UPON THE PETITION OF ) ) IOWA CITY ASSOCIATION OF ) PROFESSIONAL FIREFIGHTERS, ) Case No. EQCV 041643 • LOCAL 610;AMERICAN ) FEDERATION OF STATE,COUNTY ) AND MUNICIPAL EMPLOYEES ) (AFSCME)Local 183; AND THE ) AFFIDAVIT OF TERRI L.BYERS POLICE LABOR RELATIONS ) ORGANIZATION OF IOWA CITY, ) o Petitioner, ) AND CONCERNING ) . ) CITY OF IOWA CITY, ) _<';1 v-0 - Respondent. ) t a csa STATE OF IOWA ) COOUNTY OF JOHNSON) I,Tern L.Byers, after being duly sworn on oath do state and depose as follows: 1. I am the current President of the American Federation of State, County and Municipal Employees (AFSCME) Local 183, a properly certified labor union that represents municipal employees of the City of Iowa City covered by the residency policy. 2. The Respondent has enacted a Policy titled"Title:Residency Requirements"with an effective date of September 17, 2015. 3. Said policy applies to members of my Union. 4. The requirement that we reside within 17 miles of the corporate limits of Iowa t ' E-FILED 2015 OCT 16 9:32 AM JOHNSON - CLERK OF DISTRICT COURT City bears no rational basis to the business of Iowa City. a. By contract the members of Petitioner Iowa City Association of Professional Firefighters, Local 610, are not required to come back to the station for any"call back". b. By contract the members of Petitioner Police Labor Relations Organization of Iowa City, are not required to come back to the station for any "call back". c. By contract the members of Petitioner Iowa City Association of America Federation of State, County and Municipal Employees, Local 183, certain • members are on call with on call restrictions. No others are required to be available for call back duty. 5. Johnson County is the most expensive county in Iowa to reside in. Forcing my members to reside in Johnson County deprives my members of their earnings without due process of law. 6. Said policy also purports to define "residency". The definition of residency deprives my members of significant Constitutional rights protected by both the United States Constitution and the Constitution of the State of Iowa. 7. Said policy on its face deprives my members from obtaining potential second jobs in communities other than Johnson County as residency is defined by "Location where the employee spends his/her off-duty time". 8. Said policy on its face prohibits Petitioners and the members from"maintaining a cza rented room or rooms, maintaining living quarters with a friend or relative,and o.inaintai g a ch C' E-FILED 2015 OCT 16 9:32 AM JOHNSON -CLERK OF DISTRICT COURT home separate from an employee's family when done principally for the purpose of demonstrating residency is not allowable". Said policy also requires "active ownership or lease document in the employee's name". On its face said policy would prohibit my members from residing in their parents' home or other family member's home without a lease;in a home where only the member's spouse or another owns the home; to share a home with another member with or without a lease; or to maintain a home separate from the member's family. 9. Members of my union reside with family members and may or may not pay rent; rent from others with or without a lease; room with others; and reside separate from family members for reasons unrelated to residency, such as their or their family's opportunities for employment or education. Moreover,as the Respondent has no ability or right to dictate where a member's family live, it is necessary and desirable for some member employees to reside separately from their family to maintain their residency. 10, Said provisions are over broad and subject to capricious and arbitrary enforcement. 11. The policy violates the due process rights of member employees' families by purportedly forcing them to reside within the city residency limits and will result in the loss of previously purchased homes, employment opportunities or educational opportunities for those family members all without due process of law. 12. The policy, on its face also violates my members' and their families' constitutionally protected rights to assemble with persons they desire and to pursue and obtain safety and happiness by requiring that not only the members spend the majority of their F duty -71 C-, time in the residency zone but also their families. It also requires the members end mil) -a CT1 C.) O • • E-FILED 2015 OCT 16 9:32 AM JOHNSON -CLERK OF DISTRICT COURT maintain their family and social ties in the residency zone and to require family members to reside,work and attend school within the residency zone. 13. The policy is overbroad on its face as the City of Iowa City has no right to dictate where my members and their families spend their off duty time,with whom they choose to spend their off duty time, and where the member's family resides, works or attends school or where they choose to entertain their friends. 14. The policy on its face would require Petitioners to log their activities and the location they engage in those activities while off duty to defend against arbitrary and capricious enforcement of the policy. 15. The definition the City of Iowa City has established for residency has no rational basis in law or fact for any operational reasons but rather impermissibly intrudes on my members' and their families' personal lives and constitutionally protected freedoms. 16. The City of Iowa City should be temporarily and permanently restrained and enjoined from enforcing the policy "Residency Requirements"to protect my members' and their families' constitutionally protected rights. 17. My members and their families would suffer irreparable harm if Respondent is not temporarily and permanently enjoined from enforcement of the policy as they risk loss of employment, educational opportunities, loss of their real and personal property that could not be restored to them in an adequate fashion, and risk incurring unnecessary legal fees to prepare and create leases and transfers of ownership to protect their employment with the City of Iowa City. They would further be irreparably harmed by the chilling effect the policy has on social and family activities outside of the residence zone. CYl t E-FILED 2015 OCT 16 9:32 AM JOHNSON -CLERK OF DISTRICT COURT 18. Petitioners have not previously requested or been denied injunctive relief. 19. Petitioners cannot notify the City of Iowa City as to the filing of this action as their concern is member employees will be terminated or subject to discipline prior to the entry of the temporary injunction. Terri L. Byers Subscribed and sworn to before me this 13day of October,2015. CD U s3- rar'j al p s"3'° . .., w s 0 • C;! E-FILED 2015 OCT 16 9:32 AM JOHNSON - CLERK OF DISTRICT COURT S k04.(A.)1 13. iyr. V)s .. CotrtMit Nu= ,y , 10/ 1�, /Z6 t s Notary Public, State of IAJAILIAAN2Alko a P_ Cal CD rtil CO [- - - . . _ _ _ _ I • E-FILED 2015 OCT 16 9:32 AM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY UPON THE PETITION OF ) ) IOWA CITY ASSOCIATION OF ) PROFESSIONAL FIREFIGHTERS, ) Case No. EQCV 04"46H3 LOCAL 610; AMERICAN ) FEDERATION OF STATE,COUNTY ) AND MUNICIPAL EMPLOYEES ) (AFSCME)Local 183; AND THE ) AFFIDAVIT OF DAVID SCHWINDT POLICE LABOR RELATIONS ) ORGANIZATION OF IOWA CITY, ) ) Petitioner, ) � AND CONCERNING ) --1 a CITY OF IOWA CITY, ) rn Respondent. ) rn -74 o c-; STATE OF IOWA ) COOUNTY OF JOHNSON ) I,David Schwindt, after being duly sworn on oath do state and depose as follows: 1. I am the current President of the Police Labor Relations Organization of Iowa City,a properly certified labor union that represents municipal employees of the City of Iowa City covered by the residency policy. 2. The Respondent has enacted a Policy titled"Title: Residency Requirements"with an effective date of September 17,2015. 3. Said policy applies to members of my Union. 4. The requirement that we reside within 17 miles of the corporate limits of Iowa City bears no rational basis to the business of Iowa City. a. By contract the members of Petitioner Iowa City Association of Professional r E-FILED 2015 OCT 16 9:32 AM JOHNSON - CLERK OF DISTRICT COURT Firefighters,Local 610,are not required to come back to the station for any"call back". b. By contract the members of Petitioner Police Labor Relations Organization of Iowa City,certain members are on call with on call restrictions. No others are required to be available for call back duty. c. By contract the members of Petitioner Iowa City Association of America Federation of State,County and Municipal Employees,Local 183,certain members are on call with on call restrictions. No others are required to be available for call back duty. 5. Johnson County is the most expensive county in Iowa to reside in. Forcing my members to reside in Johnson County deprives my members of their earnings without due process of law. 6. Said policy also purports to define"residency". The definition of residency deprives my members of significant Constitutional rights protected by both the United States Constitution and the Constitution of the State of Iowa. 7. Said policy on its face deprives my members from obtaining potential second jobs in communities other than Johnson County as residency is defined by"Location where the employee spends his/her off-duty time". 8. Said policy on its face prohibits Petitioners and the members from"maintaining a rented room or rooms, maintaining living quarters with a friend or relative, and or maintaining a home separate from an employee's family when done principally for the purpose of demonstrating residency is not allowable". Said policy also requires"active ownership or lease document in the employee's name". On its face said policy would prohibit my members from residing in their parents' home or other family member's home without a lease; in a home where only the member's gpouse deanother CD owns the home; to share a home with another member with or without a lease;or tirtfaiint4 a ho711 --3c"� pti tom. rri cep E-FILED 2015 OCT 16 9:32 AM JOHNSON - CLERK OF DISTRICT COURT separate from the member's family. 9. Members of my union reside with family members and may or may not pay rent;rent from others with or without a lease; room with others; and reside separate from family members for reasons unrelated to residency, such as their or their family's opportunities for employment or education. Moreover,as the Respondent has no ability or right to dictate where a member's family live, it is necessary and desirable for some member employees to reside separately from their family to maintain their residency. 10. Said provisions are over broad and subject to capricious and arbitrary enforcement. 11. The policy violates the due process rights of member employees' families by purportedly forcing them to reside within the city residency limits and will result in the loss of previously purchased homes,employment opportunities or educational opportunities for those family members all without due process of law. 12. The policy, on its face also violates my members' and their families' constitutionally protected rights to assemble with persons they desire and to pursue and obtain safety and happiness by requiring that not only the members spend the majority of their off duty time in the residency zone but also their families. It also requires the members and their family maintain their family and scidal ties in c^ the residency zone and to require family members to reside, work and attend Owl Within TB C?� residency zone. -``r•-) cr' r1 a 13. The policy is overbroad on its face as the City of Iowa City has no rifitAti dictate whe o my members and their families spend their off duty time,with whom they choose to speng their off duty time, and where the member's family resides, works or attends school or where they choose to entertain their friends. 14. The policy on its face would require Petitioners to log their activities and the location they engage in those activities while off duty to defend against arbitrary and capricious enforcement of E-FILED 2015 OCT 16 9:32 AM JOHNSON - CLERK OF DISTRICT COURT the policy. 15. The definition the City of Iowa City has established for residency has no rational basis in law or fact for any operational reasons but rather impermissibly intrudes on my members' and their families' personal lives and constitutionally protected freedoms. 16. The City of Iowa City should be temporarily and permanently restrained and enjoined from enforcing the policy "Residency Requirements" to protect my members' and their families' constitutionally protected rights. 17. My members and their families would suffer irreparable harm if Respondent is not temporarily and permanently enjoined from enforcement of the policy as they risk loss of employment, educational opportunities,loss of their real and personal property that could not be restored to them in an adequate fashion,and risk incurring unnecessary legal fees to prepare and create leases and transfers of ownership to protect their employment with the City of Iowa City. They would further be irreparably harmed by the chilling effect the policy has on social and family activities outside ofthe residence zone. 18. Petitioners have not previously requested or been denied injunctive relief. 19. Petitioners cannot notify the City of Iowa City as to the filing of this action as their concern is member employees will be terminated or subject to discipline prior to the entry of the temporary injunction. David Sc�windt cri Subscribed and sworn to before me this I ti day of October, 2015. .�...�fit-• V 13 MOLLY M. DIE1Z Commission Numbe 729998 T : My Comiscaon Exp. -es111(4 .m l Notary Pu4;001 tate of Iowa CD G: E-FILED 2015 OCT 16 9:32 AM JOHNSON -CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY IOWA CITY PROFESSIONAL FIREFIGb Plaintiff(s)/Petitioner(s) Case No. EQCV rj -1 -f 3 vs. PROTECTED INFORMATION DISCLOSURE FORM CITY OF IOWA CITY Defendant(s)/Respondent(s) When protected information,as defined in Rule 16.602,is required by law to be included or is material to the case and is therefore included in non-confidential documents,a party shall record the protected information on this form and file it with the clerk of court. Refer to Court Rules:Chapter 16,Rules Pertaining to the Use of the Electronic Document Management System, Division VI,Protection of Personal Privacy for an explanation of responsibility and procedures for protecting personal information,Rule 16.602 for a list of protected information,and Rule 16.604 for a list of information that may be redacted. This form must be updated with additions,changes,or corrections to protected information per Rule 16.606(2). Plaintiff/Petitioner Name:(Last) Iowa City Association of Prod(First) (Middle) Protected Information Type Protected Information Public Information(see Rule 16.605) Social security number Financial account numbers Date of birth Individual taxpayer identification 42-6060634 numbers Personal identification numbers Other unique identifying numbers Attach additional pages to add Plaintiff/Petitioner(s) Defendant/Respondent Name:(Last)City of Iowa City (First) (Middle) Protected Information Protected Information Public Information(see Rule 16.605) Social security number Financial account numbers Date of birth Individual taxpayer identification number Personal identification numbers Other unique identifying numbers *~z r- C`) Attach additional pages to add Defendant/Respondent(s) _ 'moi 01 r, C rn - ,7 z C..? . E-FILED 2015 OCT 16 9:32 AM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY IOWA CITY PROFESSIONAL FIREFIGb Plaintiff(s)/Petitioner(s) Case No. EQCV vs. PROTECTED INFORMATION DISCLOSURE FORM CITY OF IOWA CITY Defendant(s)/Respondent(s) When protected information, as defined in Rule 16.602,is required by law to be included or is material to the case and is therefore included in non-confidential documents,a party shall record the protected information on this form and file it with the clerk of court. Refer to Court Rules:Chapter 16,Rules Pertaining to the Use of the Electronic Document Management System, Division VI,Protection of Personal Privacy for an explanation of responsibility and procedures for protecting personal information,Rule 16.602 for a list of protected information,and Rule 16.604 for a list of information that may be redacted. This form must be updated with additions,changes,or corrections to protected information per Rule 16.606(2). Plaintiff/Petitioner Name:(Last)American Federation of Stated(First) (Middle) Protected Information Type Protected Information Public Information(see Rule 16.605) Social security number Financial account numbers Date of birth Individual taxpayer identification 51-0155350 numbers Personal identification numbers Other unique identifying numbers Attach additional pages to add Plaintiff/Petitioner(s) Defendant/Respondent Name:(Last)City of Iowa City (First) (Middle) Protected Information Protected Information Public Information(see Rule 16.605) Social security number Financial account numbers Date of birth Individual taxpayer identification number Personal identification numbers c� Other unique identifying numbers _., !=?, _ Attach additional pages to add Defendant/Respondent(s) •', vi —0 j f 1 E-FILED 2015 OCT 16 9:32 AM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY IOWA CITY PROFESSIONAL FIREFIGti Plaintiff(s)/Petitioner(s) Case No. EQCV vs. PROTECTED INFORMATION DISCLOSURE FORM CITY OF IOWA CITY Defendant(s)/Respondent(s) When protected information,as defined in Rule 16.602,is required by law to be included or is material to the case and is therefore included in non-confidential documents,a party shall record the protected information on this form and file it with the clerk of court. Refer to Court Rules:Chapter 16,Rules Pertaining to the Use of the Electronic Document Management System, Division VI,Protection of Personal Privacy for an explanation of responsibility and procedures for protecting personal information,Rule 16.602 for a list of protected information,and Rule 16.604 for a list of information that may be redacted. This form must be updated with additions,changes,or corrections to protected information per Rule 16.606(2). Plaintiff/Petitioner Name:(Last) Police Labor relations Organ (First) (Middle) Protected Information Type Protected Information Public Information(see Rule 16.605) Social security number Financial account numbers Date of birth Individual taxpayer identification numbers Personal identification numbers Other unique identifying numbers Attach additional pages to add Plaintiff/Petitioner(s) Defendant/Respondent Name:(Last)City of Iowa City (First) (Middle) Protected Information Protected Information Public Information(see Rule 16.605) Social security number Financial account numbers Date of birth Individual taxpayer identification number Personal identification numbers Other unique identifying numbers ^� is , t a Attach additional pages to add Defendant/Respondent(s) --t tT —O l 13 CA) :.. k-0 E-FILED 2015 OCT 16 9:32 AM JOHNSON -CLERK OF DISTRICT COURT Other Parties Name:(Last)City of Iowa City (First) (Middle) Protected Information Protected Information Public Information(see Rule 16.605) Social security number Financial account numbers Date of birth Individual taxpayer identification number Personal identification numbers Other unique identifying numbers Attach additional pages to add Other Parties Children Name:(Last) (First) (Middle) Protected Information Protected Information Public Information(see Rule 16.605) Name Social security number Date of birth Name:(Last) (First) (Middle) Protected Information Protected Information Public Information(see Rule 16.605) Name Social security number Date of birth Name:(Last) (First) (Middle) Protected Information Protected Information Public Information(see Rule 16.605) Name Social security number Date of birth Attach additional pages to add Children Date information supplied: October 16,2015 [Name] /s/ Crystal L.Usher [Law firm] Nazette,Maurer,Nathanson&Shea L.L.P. ^; [Mailing Address] 610 2nd St.SW,PO Box 74210,Cedar Rapids,IiIr"'S24 [Telephone Number] 319-366-1000 [E-mail Address) crystal.usherAnazettelaw.com -a [Additional E-mail Address] C ""' s ..i ' •� E-FILED 2015 OCT 16 2:23 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY UPON THE PETITION OF ) ) IOWA CITY ASSOCIATION OF ) PROFESSIONAL FIREFIGHTERS, ) Case No. EQCV 077643 LOCAL 610; AMERICAN ) FEDERATION OF STATE,COUNTY ) AND MUNICIPAL EMPLOYEES ) ORDER SETTING HEARIN ON (AFSCME) Local 183;AND THE ) PETITION FOR TEMPORARY POLICE LABOR RELATIONS ) INJUNCTION ORGANIZATION OF IOWA CITY, ) ) Petitioner, ) ) AND CONCERNING ) ) CITY OF IOWA CITY, ) ) Respondent. ) AND NOW,the Court having reviewed the Petitioners' Application for Temporary Injunction Without Bond; the Affidavits of the three(3)Union Presidents in Support of the Application for Temporary and Permanent Injunction, finds that this matter should be set for immediate hearing. Hearing on Petitioners' Application for Temporary Injunction Without Bond is set for hearing on the 3rd day of December,2015 at 1:30 p.m.at the Johnson County Courthouse in Iowa City,Iowa. Two(2)hours of Court time is set aside for this hearing. The hearing will proceed on affidavits and oral argument unless the judge assigned to this hearing decides otherwise. A copy of this Order shall be served with the Petition for Temporary and Permanent Injunction,the Supporting Affidavits and the Original Notice. C) o -_ N 01r - C7 E-FILED 2015 OCT 16 2:23 PM JOHNSON - CLERK OF DISTRICT COURT (4,1"r7Non, State of Iowa Courts Type: ORDER SETTING HEARING Case Number Case Title EQCV077643 ICAPFF, ET AL V. CITY OF IOWA CITY So Ordered 6-2f Paul D.Muter,District Court Judge, Sixth Judicial District of Iowa Electronically signed on 2015-10-16 14:23:39 page 2 of 2 N Cl1 `— I ...t .ss.. cm r- rn r; W L0 END OF CASE FILE