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HSPS Legal Services r 2 Job: 1054828 Due: 10/10/2016 lit Keokuk St-Lower Level C G Recipient City of Iowa City,Iowa lov..a City, IA 52240 Server: Tom Boyle Fee: Phone 3193542010 Client: Larew Law Office Case Plaintiff Neighbors of Manville Heights,Assn,Anne Lahey,Craig Syrop&Anne • , „ Sadler,Bill and Karen Ackerman;Bradley&Catherine Erickson x... Court JOHNSON COUNTY DISTRICT COURT Defendant Board of Adjustment of the City of Iowa City,Iowa and the City of Iowa - City,Iowa Documents original notice; petition for declaratory judgment and temporary and permanent injunctive relief;exhibits Instructions, ` : •:. SERVE TO THE CITY CLERK ONLY.BE SURE TO GET THE FULL NAME OF THE CITY CLERK. Address City of Iowa City,Iowa 410 E Washington Street, Iowa City, IA 52240 Date&Time: Description of Service/Recipient ti et, O c. =-C7 0 li i I Age: Ethnicity: Gender: 9.--ce r, cp/Recipi r .7<c— Height rHeight Hair: Eyes: Relationship: _1713,b• X�111 U 4Li r • 62-f-e-ent--.) le• as (74 C/.er/t I hereby acknowledge receipt of above listed Documents C c ` ico.1-t.I -e.A. (LT-I IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY NEIGHBORS OF MANVILLE HEIGHTS, ASSN, ) ANNE LAHEY, CRAIG SYROP& ANNE ) SADLER, BILL AND KAREN ACKERMAN, ) BRADLEY & CATHERINE ERICKSON, ) CASE NO. Plaintiffs, ) V. ) ) ORIGINAL NOTICF?C.3 `; ... 71 BOARD OF ADJUSTMENT OF THE CITY OF ) IOWA CITY, IOWA and the CITY OF IOWA ) CITY, IOWA, — ) -=�'? `_' Defendants. ) _. 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 the defendant in this action, which petition prays for declaratory judgment and temporary and permanent injunctive relief. A copy of the petition(and any documents filed with it) is attached to this notice. The attorney for the petitioner is James C. Larew,whose address is 504 E Bloomington St., Iowa City, Iowa, 52245. That attorney's telephone number is 319-337- 7079; facsimile number is 319-337-7082. 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 Johnson County, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the petition. You are further notified that the above case has been filed in a county that utilizes electronic filing. 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. 11--I Process 8e er: J el AN. Time: I 'C a Date: G—(C Address of Serve: t( te- µ� CLERK OF THE ABOVE COURT Person served: [1 Personal []Substitute []Posted If you need asci ian Co or to 'e to participate in court due to a disability,call the district ADA coordinator at 319-398-3920,ext. 1100. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942). Disability coordinators cannot provide legal advice. T STATE OF IOWA JUDICIARY Case No. CVCV078406 county Johnson Case Title MANVILLE HEIGHTS ET AL V. B.O.A. AND CITY OF I.C. 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 htto:/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: htto://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:/lwww.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 10/05/2016 10:53:13 AM cvi4TR/fir+ •+ 4, r'O. rr.a Iitt I c- : 4 _ 1 .».. o,;, J-.. :fed�ce --` --- 1...,._� District Clerk of Johnson County y /s/ Wendy Lonngren -••t E-FILED 2016 OCT 05 10:37 AM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY NEIGHBORS OF MANVILLE HEIGHTS ASSN, ) ANNE LAHEY, CRAIG SYROP & ANNE ) SADLER, BILL &KAREN ACKERMAN, BRADLEY & CATHERINE ERICKSON, Plaintiffs, ) PETITION FOR DECLARATORY v. ) JUDGMENT AND TEMPORARY AND PERMANENT INJUMTIVE BOARD OF ADJUSTMENT OF THE CITY OF ) RELIEF t-3 IOWA CITY, IOWA and the CITY OF -a �9 IOWA CITY, IOWA, :-:t t—> U-3 r' - rn Defendants. ) ` ' g� _ _ - .735 "A reasonable person would consider the sanitary sewer connection, the adjacent slope protection, the potential public safety issue of a necessary turnaround as problems to be addressed by the City. The City's response? In so many words...not according to the Code. Carried to its logical extreme, the City is admitting that it has no power to stop this structure at this site, nor any power to prevent even worse abominations in any other residential zone in Iowa City. If the City's decision is upheld, not one single neighborhood in this community is safe from such development. " -Larry Baker, Chair, Iowa City Board of Adjustment, September 30, 20161 COME NOW Plaintiffs NEIGHBORS OF MANVILLE HEIGHTS ASSOCIATION, an Iowa Non-Profit Corporation, ANNE LAHEY, CRAIG SYROP & ANNE SADLER, BILL & KAREN ACKERMAN, and BRADLEY & CATHERINE ERICKSON, by and through the undersigned counsel, James C. Larew, in support of their Petition for Declaratory Judgment and Temporary and Permanent Injunctive Relief, hereby state the following: THE PARTIES 1. Plaintiff NEIGHBORS OF MANVILLE HEIGHTS ASSOCIATION, is an Iowa Non- Profit Corporation. Its Registered Agent is James C. Larew, Larew Law Office, 504 E. Bloomington Street, Iowa City, Iowa 52245. ' Statement by Larry Baker, in announcing decision on Appeal, September 30, 2016, Board of Adjustment Item EXC 16-00001; Exhibit A, Attached. E-FILED 2016 OCT 05 10:37 AM JOHNSON - CLERK OF DISTRICT COURT 2. Plaintiff Anne Lahey owns real property at 111 Lusk Avenue, Iowa City, Iowa("Lahey Property") a single family dwelling located on a parcel that lies directly to the north of and abuts property owned by F. Reed Carlson and Sandra Carlson, husband and wife ("Carlsons"), located at 101 Lusk Avenue ("Carlson Property"). 3. Plaintiffs Craig Syrop and Anne Sadler have ownership interests in real property located at 117 Lusk Avenue, Iowa City Iowa("Syrop-Sadler Property"), a single family dwelling located on a parcel that lies directly to the north of and abuts the Lahey Property. 4. Plaintiffs Bill and Karen Ackerman own real property located at 631 Bayard Street, Iowa City Iowa("Ackerman Property"), a single family dwelling located on a parcel that lies directly north of and abuts the Carlson Property. 5. Plaintiffs Bradley and Catherine Erickson own real property located at 11 Rowland Court, Iowa City, Iowa("Erickson Property"), a single family dwelling located on a parcel that lies within several hundred feet of the Carlson Property. 6. Defendant City of Iowa City, Johnson County, Iowa("City") is a municipal corporation located within the State of Iowa. One of the administrative departments of the City is Neighborhood and Development Services ("NDS"), which is responsible for enforcing the City's Zoning Ordinances and which, for all material times hereto, was directed by Doug Boothroy. One of the agencies of the City is the Board of Adjustment, an entity whose creation is authorized under Iowa Code Chapter 414 and which is authorized under the Iowa City Code of Ordinances, at § 14-7A-2 to consider appeals made by Building Officials employed by the City wherein it is alleged that there has been;aiy error in any order, requirement, decision or determination. CY% C.) ;7 =1 FACTUAL SUMMARY `_� 7. This case involves the unlawful approval of a Site Plan and the unlawful f s a ce:cif a Building Permit by the City to F. Reed Carlson and Sandra Carlson, husband'Andife, the two owners of real property located at 101 Lusk Avenue, a paved, dead-end 2F-foot wide street, 155 feet, 5-inches long, located in what is sometimes referred to as the Manville Heights neighborhood of Iowa City. 8. The controversy leading to this litigation arises from the Carlsons' proposed construction of a 7500 square foot structure(not including a large courtyard in the middle of it), a replica of the University of Iowa's nearby Kinnick Stadium and the Carlsons' articulated principal entertainment purpose for the building: to host tailgate parties at the venue. 2 E-FILED 2016 OCT 05 10:37 AM JOHNSON - CLERK OF DISTRICT COURT P. 1 9. True to form, the proposed structure was to be built with a brick façade, similar to Kinnick Stadium's own exterior, with one door on the front, an entrance designed for the public whose entries would—like the stadium itself—first be met with large bathrooms, one for women(painted pink, as in Kinnick Stadium's visitors' locker room), complete with multiple stalls, and the other for men, complete with urinals. 10. To entertain the visitors, the planned structure has an indoor basketball court, commercial grade appliances, and a bar longer than those found in many of Iowa City's own commercial drinking establishments. The seating configurations indicated a capacity of not less than 200 persons for entertainment purpose. Bedrooms were planned for the third-floor"press box," an angular part of the structure jutting up along the entire southerly side of the building. 11. The City's Zoning Ordinance classifies the area in which 101 Lusk Avenue is located as RS-5, Single Family Low Density Residential. The RS-5 zone does not anticipate and, therefore, does not allow, the building of a structure whose principal use is entertainment, whether that entertainment be commercial(that is, pay-for-use) or private. Nor does it anticipate, and, therefore, does not allow, the building of a structure whose accessory use is residential. 12. Without the knowledge of any of the Plaintiffs, on May 25, 2016,the City of Iowa City, Iowa("City"), through its Building Official, Doug Boothroy, approved an initial Site Plan and issued a Building Permit to F. Reed Carlson and Sandra Carlson, husband and wife ("Carlsons") to construct,on real estate owned by them at 101 Lusk AvenuNwhat Plaintiffs believe to be a very large structure, modeled after the Universitrof Ioia's Kinnick Stadium ("Kinnick Replica"). 13. Oddly, the approved Site Plan had falsely shown the project's drive, Lusk-A'iienu_e,beim paved completely to the end of the Carlsons' property line along that roadway, and on that end of the lot, the building's only driveway was depicted on the approved`Site Plan as connected to that end of the roadway surface when, in fact,that portion ofthe stieet was completely unpaved and populated with aged oak trees and rutted ground. 14. Nor on the approved Site Plan had the Carlsons indicated that abutting their property's entire southerly lot line there stands a steep railroad embankment, as a part of the CRANDIC Railroad's right of way, and, upon that right of way and adjoining lots stood a grove of trees several acres in size. 15. Nor on the approved Site Plan had the Carlsons indicated the presence of any so-called, and required, buffer zone of the type and nature described on the City's Sensitive Lands and Features Ordinance, at Chapter 14-51 of the City Code. 3 E—FILED 2016 OCT 05 10:37 AM JOHNSON — CLERK OF DISTRICT COURT Na t 16. Nor on the approved Site Plan, or included in any building specification submitted by the Carlson in support of their Building Permit application, had the Carlson indicated how, and in what manner, the Carlson' project would conform to minimum, mandatory provisions of the International Fire Code, adopted into the City Code, with respect to the requirement for emergency vehicle turn-around areas for all streets longer than 150 feet or to the required minimum amounts of"fire flow" (the quantity of water) available to the City's nearby fire hydrants for a project of the size and building materials to be used by the Carlsons. 17. Nor had the approved Site Plan, or any building specifications submitted as a part of the Carlsons' new construction Building Permit application, made any indication as to how the Carlsons' Kinnick Replica building's abnormal number of toilet, urinals, commercial kitchen facilities, showers and tubs, in a space designed for 200 persons, would be connected separately and independently to the City's sewer main, as the plan neither indicates a connection directly through the City's street right of ways„ nor depicts sewer easements through the private property of adjoining lots. 18. The 101 Lusk Avenue property is located in what is sometimes known as the"Manville Heights" area of Iowa City, a low density single family residential area covered by the R- 5 Zone as defined by the City's Zoning Ordinances. 19. Plaintiffs, all of them owning adjacent properties or residing in the vicinity of 101 Lusk Avenue, learned of the City's approval of the Carlsons' initial Site Plan and issuance of the Building Permit to the Carlsons only after each had occurred. They learned inadvertently of the City's approval action during a brief period after which the Building Official, Mr. Boothroy, had"suspended" the Building Permit upon learning tha -ie and his staff had approved a Site Plan that had shown the Kinnick Replica'scc rivew .... entering from and existing onto an unpaved, oak tree-occupied space. ' '„ P 20. Upon their receipt of the inadvertent notice, Plaintiffs began reviewing fbe,limit limited plans- • and information then available to the public in the City's files; they were immediately:—�•. concerned that the Kinnick Replica, as designed, and as described in the media bj'the Carlsons, would be principally used by the Carlsons for public entertainment purposes, with any residential uses to be accessory to that principal use. 21. Nothing in the files of the City made available to Plaintiffs, upon their presentation of a public records request under Chapter 22 of the Code of Iowa, indicated that any City staff person had ever conducted a"use analysis." Such an analysis is required in the City Code to determine and distinguish between"principal"versus "accessory uses." Rather, the City records indicated to Plaintiffs that the City staff had concluded, first,that the proposed structure was a"single family residence" merely because it had a bedroom, bathroom, kitchen and living space and that, therefore, no such analysis was required. 4 E-FILED 2016 OCT 05 10:37 AM JOHNSON - CLERK OF DISTRICT COURT t. I 22. Based on their initial review of limited information available to them, Plaintiffs further believed that the Site Plan required by the City to be submitted by the Carlsons to obtain a Building Permit had not conformed with minimum requirements of the City Code and that the plans submitted to the City prior to the issuance of the Building Permit had failed to comply with Code provision including, but not limited to: those provisions of the International Residential Code. The International Residential Code requires that each single family residence include means of providing"sanitation" (that is, not merely bedroom, bathroom, kitchen and living space), but the plans submitted to the City to obtain a Building Permit included no such provision. 23. In fact, the City's files, inclusive of licensed engineers' opinions and expressions of concern by City staff members, demonstrated that the City and the Owner knew (but that adjoining owners and Plaintiffs Lahey, Syrop and Sadler did not then know)that the Carlson Property, before the Carlsons had demolished the early 20th century home that had been located at 101 Lusk Avenue when they had purchased it, had been connected to the City's sewer main in a manner that,under the City Code today, is unlawful: it had been tied onto the private sewer line shared by the Lahey and Syrop-Sadler properties to the north, before entering into the City's sewer main. A Building Permit had been granted for new construction utilizing a shared sewer line although the City's Building Code required a separate and independent sanitary sewer for each single family dwelling. 24. In fact, as a condition-precedent to issuing Building Permits concerning a proposed project made by the immediately preceding owner of 101 Lusk Avenue, Mr. Michael Oliveira, the same City staff, including Building Official Boothroy, had required the owner either to install new sanitary sewer lines directly to the City's sewer main or to demonstrate to the City that Mr. Oliveira's property enjoyed the benefits of an Easement Agreement with Plaintiffs Lahey and Syrop-Sadler allowing Mr. Oliveira to transort his sewage across those neighboring properties. No such actions had been tad1C'ebyr. '^";• ° Oliveira when he had sold the property to the Carlsons. = 25. Plaintiffs Lahey and Syrop-Sadler retained an expert to assist them in determiiling the ly i I exact location of the sewer line from 101 Lusk Avenue and confirmed that, in.factihe sewer line from that property, and prior to the Carlsons' decision to demolish that... property, had connected to a sewer line that, in turn had connected to their own sewer lines before entering Bayard Street, to the north, and hooking into the City's sewer main near the intersection of Lexington Avenue and Bayard Street. 26. Plaintiffs Lahey and Syrop-Sadler, having never granted permission to the Carlsons to transport their sewage from the planned Kinnick Replica across their own property, executed Notice of Termination of Easement Interests to the Carlson and, on September 7, 2016, as required by law, had the document served upon each of the Carlsons by the 5 E-FILED 2016 OCT 05 10:37 AM JOHNSON - CLERK OF DISTRICT COURT t � t Winneshiek County Sheriff. In those documents, Plaintiffs Lahey and Syrop-Sadler notified the Carlsons of their belief that no sewer easement had been create or, in fact existed, for the structure, of greatly expanded size and of different purpose,than the one for the single family dwelling they had demolished. 27. Upon further initial investigation, and with the assistance of licensed engineers retained for the purpose of undertaking a review of the Building Permit and Site Plan issues, Plaintiffs learned that the Carlsons' Kinnick Replica building, as proposed and as approved by Building Official Boothroy, failed to meet certain mandatory provisions of the International Fire Code that had been adopted into the City Code, in no less than two fundamental respects: first,the International Fire Code's requirement that emergency vehicle turnarounds be created for the paved street longer than 150 feet had been ignored; second, based on testing performed by the City's own employees, after the Carlsons' Site Plan had been approved and the Building Permit had been issued, they determined that the fire flow at that spot was less than what Plaintiffs believe to be the IFC's minimum fire flow requirement with respect to a building of the size and of the construction materials to be used to construct the Kinnick Replica. 28. Upon further investigation—but, only upon learning of the same upon hearing the opinions of a citizen offered in the course of the public hearing convened by the Iowa City Board of Adjustment—Plaintiffs came to the conclusion that the Carlsons' approved Site Plan and the issuance of their Building Permit by Building Official Boothroy had been in violation of the City's Sensitive Lands and Features Ordinance, City Code Chapter 145-1,because the Building Official had not even considered its application to the Carlsons' property. Rather, the Building Official takes the position that that provision does not in any manner apply to 101 Lusk Avenue because it is in"in fill" lot in an established neighborhood: exceptions that were never legislatively created by the Iowa City Council when its members passed that Ordinance chapter. 29. On June 28, 2016, immediately upon the Carlsons' submission of a revised Site Plan(this one, without notice or planned remediation action, showing the Kinnick Replica's driveway moved to abut the property's northerly lot line, running directly over a fire hydrant),the Building Official, on that same day, issued a Building Permit. Plaigtjffs, one day later, on June 29, 2016, filed an Application to Appeal the Buildi g Offi al's _„ actions to the Iowa City Board of Adjustment,Board of Adjustment EXC"1 i 000 . 30. In the course of the Board of Adjustment proceedings, Plaintiffs requester were denied, discovery, except to the extent of document production allowed bybwa Cede chapter 22 (the long list of"confidential" documents in that chapter is notiTeedgnized under the Iowa Rules of Civil Procedure pertaining to discovery). Plaintiffs were without subpoena power and, except for the hearing convened by the Board of Adjustment, had no access to the City's rationale for such matters as: classifying the Carlsons' proposed 6 E-FILED 2016 OCT 05 10:37 AM JOHNSON - CLERK OF DISTRICT COURT ►s I building as a single family residential dwelling; failing to assure that the Carlson' building would be connected to a City sewer main; ignoring definitional language in the International Residential Code; ignoring mandatory provisions of the International Fire Code; and failing to apply provisions of the City's Sensitive Land and Features Ordinance to the Carlsons' 101 Lusk Avenue property. 31. The Board of Adjustment convened a hearing, which spanned two successive six-hour sessions, on September 14 and September 21, 2016, at which time testimony was offered and evidentiary documents were produced by the City and by Plaintiffs. 32. At the second session, one member of the public, Dr. Frank Weirich, a person who is neither a member of the Neighbors of Manville Heights Association, nor an immediate neighbor to 101 Lusk Avenue, testified, based on his engineering expertise, as to the applicability of the Sensitive Lands and Features Ordinance. Dr. Weirich, who is a faculty member in the Department of Earth and Environmental Sciences, a research engineer in the Hydraulics Institute and who holds a position in the Department of Civil and Environmental Engineering at the University of Iowa, had attended the first session of the Appeal hearing, and, concerned by what he had learned, studied the situation, including his personal review of the City's files, and his own inspection of the premises at and near 101 Lusk Avenue. 33. At the second hearing, Dr. Weirich offered a written statement and testified as to his belief that the Sensitive Lands and Features Ordinance applies to the Carlson' property because of two separate landform features: first,the southerly property line abuts a very steep man-made slope created by the CRANDIC Railroad's right of way; second, that several acres of woodland are located along the right of way, inclusive of trees that are located within the Carlsons' property. Each of those features, under the express language of the Sensitive Lands and Features Ordinance, establishes a buffer zone that covers a strip of land at least 50 feet wide, parallel to the southerly property line of the 101 Lusk Avenue property. Dr. Weirich explained the purpose of the Ordinance and the protections afforded to slopes and trees: to prevent landslides damaging structures that have been built too close to, or below, the slopes and to preserve the tree growth whose roots stabilized the slopes. Under the express terms of the Ordinance, according to Dr. Weirich, no building can be placed in that buffer unless the City grants a variance, and no such variance was applied for or granted by the City. According to Dr. Weirich, the Carlsons' proposed building, according to the approved Site Plan, is located directly in the buffer zone and, as a matter of law, is prohibited. �:- 34. The hearing, having occurred over a two-day period, September 14 and 21 ;2 6, was y' followed by third session, convened on September 30, 2016, at which time mrd- members announced their decision. - ` } 7 - E-FILED 2016 OCT 05 10:37 AM JOHNSON - CLERK OF DISTRICT COURT • • 35. Of the five-member Board, one member recused herself, as she had, prior to Plaintiffs' filing their Application to Appeal to the Board of Adjustment, rendered a public opinion as to the illegality of the Carlsons' proposed Kinnick Replica. Of the four remaining Board Members, two Members voted to support Plaintiffs' appeal; two members voted in opposition to the appeal. Lacking the required three-votes to overturn the Building Official's decisions and actions that had been contested by the Appeal, they were left to stand. 36. As of the date of the filing of this action, a written decision and opinion is anticipated, but it has not been issued. Each respective Member recited to the public the facts that supported that Member's voting decision. It is not clear to Plaintiffs which of those facts will be relied upon by the entire Board in its final written decision. It is not possible, at this time, to recite which, if any, of the facts set forth in any written Order are ones concerning which Plaintiffs will agree or contest. However, enough is known to Plaintiffs, based on statements made by the City's witnesses at the Hearing, any by several of the Board members, to support the claims made in this lawsuit. PRAYERS FOR DECLARATORY ORDERS, TEMPORARY RESTRAINING ORDER AND PERMANENT INJUNCTIVE RELIEF - 37. Plaintiffs believe that the Board,in conducting an appeal process that restllted-in >; ; the denial of Plaintiffs' Appeal, committed prejudicial error(s) of such magnitu4e • as to taint the outcome of the entire proceeding, thereby necessitating this Court to declare any Decision or Order of the Board with respect to the Appeal to be invalid and to enter all necessary and appropriate corrective Orders including, but not limited to, the appointment of a Special Master or an Arbitrator, to hear the evidence of Plaintiffs' appeal, on all matters appealed in documents originally filed, and as amended. Those prejudicial errors including the following: a. Legal error was committed when Sara Walz, an employee of the City, when presenting to the Members the written documents that Plaintiffs had prepared for the Board in anticipation of their Appeal hearing, issued a Memorandum on City of Iowa City letterhead, in which the law governing the Board's decision-making powers was erroneously and prejudicially mis- stated. A copy of Ms. Walz's Memorandum, marked as Exhibit B, is attached hereto. Ms. Walz instructed the Board that it in"deciding the appeal," its Members must "first determine"whether"the actions of NDS staff were patently arbitrary or capricious." That same erroneous instruction was repeated in the Memorandum multiple times. The Memorandum quoted published Iowa Supreme Court cases, instructing the Members that decision of the NDS staff was "arbitrary" or"capricious" when it involves an"abuse of discretion"resting on "grounds or reasons clearly untenable, unreasonable, or lacking rationally in light of the actors' authority." The Memorandum instructed the Members that the 8 t.• E-FILED 2016 OCT 05 10:37 AM JOHNSON - CLERK OF DISTRICT COURT t authority of the Board on review was a narrow one" and that the Board"is not entitled to simply substitute its own judgment for NDS staff. In other words you may not reverse the decision merely because you disagree with it. Rather, if you find that the NDS staff exercised its powers and followed the guidelines established by law, and that its decision was not patently arbitrary or capricious then you must uphold the decision." Nothing could be further from the truth with respect to Iowa law or the power of the Board of Adjustment with respect to its review of a Building Official's decision or action. The highly-prejudicial, repeatedly- erroneous statements of law, not only served as the Board's introduction to all materials placed in each Member's hands on September 8, 2016, but, also, once placed in the public domain, were repeated in news articles intended to inform the public as to the nature of the proceedings before the Board. Plaintiffs' counsel immediately objected to the Memorandum in a letter marked as Exhibit C, attached. And, legal counsel for the Board, thereafter, issued a corrective document,of sorts, marked as Exhibit D, attached. Plaintiffs' attorney objected to the harms done, again, when newspaper stories erroneously described the role of the Board and Plaintiffs' burden before it. See Exhibit F, attached. No further corrective action was taken by the Board's attorney in response. A fire bell, once rung in the middle of the night, cannot be un-rung thereafter, and the harms created by the prejudicial errors set forth in the Memorandum cannot be presumed to have been erased either in the minds of the Board Members. Nor was the misinformation to the public ever corrected by the City that issued the Memorandum or by legal counsel to the Board. Nor can the damage be undone to Plaintiffs, citizens who filed their Appeal to the Board in anticipation of fair and impartial determinations of fact and of law, untainted by erroneous legal instructions given to them simultaneously with the materials that were delivered to them on the eve of Plaintiffs' hearing on Appeal. Plaintiffs believe, as a matter of law, and respectfully request that the Iowa District Court now Declare that the Memorandum was so prejudicial so as to taint the outcome of the entire proceeding and to enter all necessary and appropriate corrective Orders iicluding, but not limited to, the appointment of a Special Master or an Arbitrator,tFiiear the evidence of Plaintiffs' appeal, on all matters appealed in docuiikts o inally� filed, and as amended. ca b. Legal error was committed by the parameters given to the Mernb`&s by ther�i Board's legal counsel, which parameters misstated Iowa law too narrowly and therefore wrongfully restricted the factual matters and theprovisions under the City Code that might be subject to the Board's review. The instructions were included in a document marked as Exhibit E. Those errors included the following: that Plaintiffs could not challenge the wrongful decision of the Building Official to approve the Site Plan because the City Code did not require a Site Plan for a single family dwelling. The Building Official's decision 9 E-FILED 2016 OCT 05 10:37 AM JOHNSON - CLERK OF DISTRICT COURT • i. to approve the Site Plan(indeed, first, to approve the Site Plan, then the same Building Official's decision to dis-approve the same Site Plan, resulting in the Building Official's "suspension"of the Carlsons' Building Permit, and, then, the Building Official's approval of a revised Site Plan, resulting in the lifting of the "suspension" of the Carlsons' Building Permit) was a critical element of Plaintiffs' Appeal: that it was approved without any showing of the Carlson' compliance with City Code requirements related to, for example, the International Fire Code, the International Residential Code, and the Sensitive Lands and Features Ordinance. Legal Counsel, in his instruction to the Board, made findings of fact that only the Board, as a matter of law, is empowered to make. Mr. Parmenter stated, in his September 12, 2016, Memorandum: "City Code 187-1-2B states that site plan review is not required for the development of'one single- family dwelling' or 'one two-family dwelling or related accessory structures in any zoning district.' Because of this provision NDA [Mr. Boothroy] did not approve or disapprove a site plan for the proposed structure, and therefore there is no decision by a city department or official for the Board to review." Plaintiffs believe, as a matter of law, and respectfully request that the Iowa District Court now Declare that the instruction contained in the legal Memorandum to the Board by its legal counsel was so prejudicial so as to taint the outcome of the entire proceeding and to enter all necessary and appropriate corrective Orders including, but not limited to, the appointment of a Special Master or an Arbitrator,1 ,hear the evidence of Plaintiffs' appeal, on all matters appealed in documents clacginally filed, and as amended. n C--,' —71 r..t w. c. Leval error was committed by the instructions viven to the Boartdbecause t-. 1 - the instructions failed to articulate the burden of proof to be r4ufred of Appellants / Plaintiffs to succeed in their Appeal. Such omissioh,was particularly prejudicial to Plaintiffs in light of the erroneous recitation of applicable law presented to the Board in the City's Memorandum by Sara Walz (e.g.,the Board Members are required"...to determine whether the Development Services decision to approve the application was patently arbitrary and capricious.") and the failure of either the City or legal counsel to the Board to correct that Memorandum. In their verbal statements to the public, on September 30, 2016, none of the Board Members articulated what burden of evidence they used when making their respective determinations as to whether each Member supported, or did not support, Plaintiffs' Appeal. Plaintiffs believe, as a matter of law, and respectfully request that the Iowa District Court now Declare, that the absence of an instruction as to the burden of proof to be used by the Board was so prejudicial so as to taint the outcome of the entire proceeding and to enter all necessary and appropriate corrective Orders including, but not limited to, the appointment of a Special Master or an Arbitrator, to hear the evidence of 10 E-FILED 2016 OCT 05 10:37 AM JOHNSON - CLERK OF DISTRICT COURT Plaintiffs' appeal, on all matters appealed in documents originally filed, and as amended. d. Legal error was committed by the instructions given to the Board because the instructions prohibited the Members from considering whether the Building Official had unlawfully approved the Site Plan and issued a Building Permit without making any finding as to whether the proposed structure complied with certain minimum requirements imposed by applicable City Code provisions. An instruction that any failures of compliance with the International Fire Code could not be considered by the Board in its determination as to whether a Building Permit had been lawfully issued. Plaintiffs believe, as a matter of law, and respectfully request that the Iowa District Court now Declare, that mandatory provisions of the International Fire Code, including mandates for emergency vehicle turn-around areas and minimum fire flow conditions, constituted minimum requirements for approval of a Site Plan and the issuance of a Building Permit. 38. Plaintiffs believe that the Misclassification Issue (that is,whether the Kinnick Replica had been properly classified by the City as a single family residence when a Building Permit was issued), properly brought before the Board of Adjustment,was improperly decided because the evidence placed before the Board by Plaintiffs and witnesses supporting Plaintiffs was of such a magnitude, and because that evidence was unanswered by the City, the Board, as a matter of law, should have sustained the Appeal. By the City's own admission at the hearing, it had determined that the proposed structure was residential, because it had places to sleep, to prepare food and to socialize and such elements were sufficient to satisfy the City Code's defmition of a single family dwelling, and therefore, the City had not conducted a use classification analysis. Plaintiffs argued that the City had been required to analyze—but had failed intentionally to consider—the analysis set forth in the Code to determine principal, as contrasted to, accessory, uses. In the hearing, no witnesses for the City expanded on the use analysis. By contrast, a series of witnesses for Plaintiffs, utilizing the method of analysis set forth in the City Code, specifically addressed the principal versus accessory uses of the property: When articulating their reasoning for their votes on Plaintiffs' appeal, at least one Member who did not support the Appeal, pointed not to theriy idence presented by the City, but, instead, to her own home and her own experience in Cher homes—evidence not in the record. While understandable, given the pauc.�t,y of?videti4ei provided by the City, because it had failed to undertake a use analysis, wa lat&of law; based on the evidence in the record,the Board should have affirmed the-acaearoli thet Misclassification issue. Plaintiffs therefore respectfully request that the In District Court now Declare, that, based on the evidence presented before the Boafcd,'as iOnatter law, the Carlsons' proposed building should not be classified as a residential structure. 11 E-FILED 2016 OCT 05 10:37 AM JOHNSON - CLERK OF DISTRICT COURT I., 39. Plaintiffs believe that other legal issues properly brought before the Board of Adjustment were not decided or addressed at all, and, therefore, Plaintiffs seek from this Court, upon a review of all material evidence, appropriate Orders declaring the following: a. That, under the International Residence Code, by definition, and as incorporated into the City Code, a single family dwelling must have a sanitation system and that the Carlson' proposed building, without any plans for a lawfully-connected private sewer line to the City's sewer main, should have been denied a Building Permit by the City. b. That, under the International Fire Code, by defmition, and as incorporated into the City Code, at the time that the Carlsons' application for a Building Permit was made to the City, required that emergency vehicle turn-arounds be constructed because of the street length and also required certain thresh holds for the production of water at hydrants and that the failure of compliance with those Code provisions should have resulted, as a matter of law, in the denial of the application. c 'That, under the Sensitive Lands and Features Ordinance, certain provisions �_! = uzvolving slopes and wooded areas, should have been applied to the Carlsons' CJ Property, particularly those provisions involving buffer zones, arising from tree- ' 1—!covered, steep slopes on the CRANDIC Railroad's right of way, immediately c.):(41-jacent to the southerly property line of the Carlsons' property. Further, that Tefore a Building Permit may be issued for the construction of a building on any portion of the 50 feet-wide buffer zone,the Carlsons must first obtain from the City a variance from the Board of Adjustment. WHEREFORE, Plaintiffs pray that the Court will enter all appropriate orders declaring that prejudicial error occurred in one or more of the ways described herein, and, that, as a matter of law, the proceedings should be remanded to an Arbitrator charged with the power to review and to decide all matters set forth by Plaintiff in their Appeal to the Board of Adjustment, as amended, inclusive of: whether the Carlsons' Site Plan should be approved; whether the Carlsons' proposed structure should be classified as a residential structure under the use classification analysis of the City Code; whether the Carlsons' proposed plan complies with the International Residential Code's requirement for a sanitation system; whether the International Fire Code's Requirements for emergency vehicle turn-around areas and water quantities ("fire flow") at fire hydrants have been met; whether the City's Sensitive Lands and Features Ordinance is applicable to 101 Lusk Avenue and, if so, whether its minimum requirements have been met under the Carlsons' Application for a Building Permit; and, whether a Building Permit should have been issued to the Building Official. 12 E-FILED 2016 OCT 05 10:37 AM JOHNSON - CLERK OF DISTRICT COURT t r, WHEREFORE, Plaintiffs pray that, until such matters are decided, a Temporary Restraining Order be issued, rescinding the approval of the Site Plan and rescinding the issuance of a Building Permit for the structure proposed by F. Reed Carlson and Sandra Carlson, until the matters described herein are fully decided by the Court. WHEREFORE, Plaintiffs pray that until such decisions are made by the Court, in support of Plaintiffs claims and prayers for relief, that a Permanent Injunction be issued by the Court, proscribing the City from approving any Site Plan or issuing any Building Permit for the construction of any building at 101 Lusk Avenue, Iowa City, Iowa, unless and until the legal requirements, as declared by the Court, are met. WHEREFORE, Plaintiffs pray that the Court will award all other relief to which Plaintiffs are entitled, including the costs of this action. Respectfully submitted, CD LAREW LAW OFFICE Is/James C. Larew ....... H..• James C. Larew AT0004543 E 504 E. Bloomington Street Iowa City, IA 52245 r� Telephone: (319) 541-4240 Facsimile: (319) 337-7082 Email: James.Larew@LarewLawOffice.com ATTORNEYS FOR PLAINTIFFS Attached: Exhibit A: Statement of Larry Baker, September 30, 2016 Exhibit B: City of Iowa City Memorandum, dated September 14, 2016 and September 8, 2016 Exhibit C: Letter to Mark Parmenter from James Larew, Re: Prejudicial Errors in City's Memorandum to Board of Adjustment, September 9, 2014 Exhibit D: Letter to Board of Adjustment from Mark Parmenter, Re: APL 16- 00001, September 12, 2016 Exhibit E: Memorandum to Board of Adjustment from Mark Parmenter, September 12, 2016 Exhibit F: Letter to Mark Parmenter from James Larew, Re: Prejudicial Errors in City's Memorandum to Board of Adjustment, September 14, 2016 13 ' E-FILED 2016 OCT 05 10:37 AM JOHNSON -CLERK OF DISTRICT COURT Larry Baker Board of Adjustment Item EXC 16-00001 9/30/16 Overview and Parameters • This issue pits two documents, the Comprehensive Plan and the Zoning Code,which ought to be compatible and mutually reinforcing, into conflict with each other.In its simplest terms, this is a conflict between what the City should do, and what the City can do. In this appeal,the City maintains that the Comp Plan is merely aspirational while the Zoning Code is regulatory. Indeed, the City's position is that not only does the Zoning Code dictate what it can do,but also what it must do. When an individual or group disagrees with a City decision and subsequently appeals it, the role of the Board of Adjustment is to consider the facts involved, the relevant regulations, and how the City processed those facts and regulations in its effort to reach a decision that is consistent with the law, the Zoning Code, and the Comp Plan. As the Board considers those issues, our counsel also gives us the legal parameters in which we must operate. First,let me quote page 23 of the Comp Plan,LAND USE/Vision section: Iowa City guides development and growth in order to make wise:: .={ --- and efficient use of land and infrastructure. In order to create a. --. quality living environment for all area residents, the City will protect �lrelu and promote the character and integrity of existing neighborhoods, = 17-1 and while encouraging new development that is designed in a manner L-3 that is efficient and sustainable, compatible with and connected to surrounding development, and sensitive to its environmental ` context. Future development should adhere to the City's neighborhood principles for compact and contiguous development. Let me suggest that similar passages in other sections of the Plan would reflect the same values and aspirations. In his memo dated 9/12/16,Board counsel cited Iowa Code 414.10 (B-Purpose): "The decisions of the Board should serve the public interest, meet the intent of the title, and be consistent with the comprehensive plan of the city,as amended." EX IB IT ' E-FILED 2016 OCT 05 10:37 AM JOHNSON -CLERK OF DISTRICT COURT Also,quoting from the IC Code of Ordinances, 14-8C-3(B) (3): "the board of adjustment may, in conformity with the provisions of this title or ordinances adopted pursuant thereto, affirm, or upon finding error, reverse or modify, wholly or partly, the order, requirement,decision,or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end, shall have all the powers of the office from whom the appeal is taken." Counsel was specifically asked if "error" included "error of judgment" Counsel, in my view, seemed to grant the Board some latitude in that area, but only in the context of fact. We cannot simply say we disagree.We must convincingly argue that the "facts"would lead us to a different conclusion; that is,the City made its decision in error by a misinterpretation or misuse of the relevant facts. Thus, the dilemma for this Board is established. We can assume "all the powers of the office from whom the appeal is taken." But it is the City's position that it has no powers (through the Zoning Code) in certain areas of this issue, and therefore the Board cannot assume those powers for itself In the case of single-family residences, the City claims no power to mandate sanitary sewer re-alignments, no power to force a turnaround to be constructed at the end of Lusk Avenue, no power to influence site plans (which are themselves not required for single-family development)adjacent to wetlands or sensitive areas. The City asserts that, regardless of clearly demonstrable problems associated with each of those three areas in relation to the construction of this structure, the City has no power;therefore,neither does the Board. CD Cry Issues Not Relevant to the Decision cam--•. — --..... Let me cite those issues or"facts"which will not influence my decision. :• c� 1-77 A) First, any information or fact that was not available to the City before it macie its decisions. Some of those will be discussed later in a different context but, as a rule, they cannot be used to justify or explain our rejection or acceptance of the Appellant's argument. B) Second, the design of the building. Without the guidelines or protection of an in- fill overlay zone or a historic district designation, the Applicant can, if within the dimension limitations and other applicable restrictions of the Code, build a scaled down Taj Mahal or a tiny Trump Tower. (Assuming, of course, according to the City, the structure has one bedroom,one kitchen, one bathroom,and one living area.) •' ' E-FILED 2016 OCT 05 10:37 AM JOHNSON-CLERK OF DISTRICT COURT Do I find the design offensive?Absolutely. I also find it unimaginative. But the City has no power to legislate good taste. My aesthetic sensitivities, along with those of the neighbors, are irrelevant. If someone wants to live in a replica of a Burger King in Manville Heights,the law allows it. That design, however, that size on that lot in that neighborhood with its perceived "use" history, has led to an understandable public outcry. A concept spawned in another community has gestated into a ... something ... that is looking for a new home in Iowa City. I am confident that if a poll were taken of every homeowner in Iowa City, the result would be almost unanimous,and for the same reasons.This structure is out of place, inconsistent with "....the character and integrity of my existing neighborhood, not compatible with and connected to surrounding development, and it is insensitive to the surrounding natural environment." Yes, with minor word changes I have made here, they would articulate their own understanding of the Comp Plan even though almost none of them had read it. This proposed structure is so disturbing that even the City Director of Neighborhood Development Services has stated that he understands the neighbor's concerns on this issue and would not himself want this structure in his neighborhood. But he approved the building permit.He did what he understood the rules of his job required him to do, regardless of his personal feelings. On this issue of design, one last observation. Imagine the following scenario: The Applicant resolves to build this same structure in his own neighborhood. He has the resources and the regulations, he believes, on his side. How would his neighbors respond?Would they be at his front door everyday,pleading with him to not do that to their neighborhood?Would they tell him how it would diminish the quality of life in their neighborhood,perhaps even diminish the value of their own property if they wanted to sell and move? Would not such a structure in his own neighborhood poison relations between him and his neighbors?In his testimony before the Board, the Applicant seemed like a good and decent man_ I am sure he is. But we are not judging his character, merely the effects of his decision.Indeed,how would he feel if someone else were to construct a comparable structure next door to his current home?Would he feel violated?Would he feel betrayed by his own city government? • Would he appeal that city's decision? This issue might well be decided in subsequent legal arenas. If the Applicant:is eventually successful in building this structure in this Iowa City neighborhood, unfortunately, he will have pre-emptively poisoned the chance for any good will between himself and the neighbors around him.The Applicant may well achieve his I E-FILED 2016 OCT 05 10:37 AM JOHNSON -CLERK OF DISTRICT COURT goal, but it will be a pyrrhic victory. He will have a structure where he can entertain friends and family, but he will never have a true home in Iowa City. The previous two paragraphs, as harsh and damning as they might sound, can raise legitimate social concerns, but, for this Board, under our rules,they are irrelevant.... except as to how they illustrate the concept of"public interest." The exterior design is, however, tangentially relevant in the larger issue of "use." The design implicitly validates the public concern about the intended use. C) The Appellant quotes public statements from other sources that describe the proposed use as "commercial." Such a designation has never been established, is speculation,and should be ignored by the Board in its review. D) The Appellant cites a statement from a social media source that is meant to illustrate the intent and consequence of the proposed structure. Such a source, unless from the Applicant himself,is irrelevant and should be ignored by this Board. E) Also irrelevant in my mind is the prior legal history of a comparable project in University Heights. Different city, different design, different rules. Their denial, for their reasons,is irrelevant to Iowa City. However, the City has acknowledged that the public discussion of the original plan in UH established the context for its own review process. As the City said, paraphrasing, "We knew it was going to be controversial. We wanted to take our time and get it right. Dot all the i's and cross all the t's,exercise all due diligence." The structure under consideration by Iowa City is connected to the original concept in another City. Past concept and current structure have a long seamless history. Thus the City had foreknowledge of how rigorous and correct their review should be. F) The Appellant asserts that the City review was guilty of allowing the participation of staff members with a conflict of interest regarding this issue. In particular, the roles of a building inspector and assistant city attorney are in question. Notwithstanding the 9/14/16 memo from the City Attorney, the concern of the Appellant has merit_ The participation of those two individuals in -any =.' discussion of this issue, at any phase of the review before, during, or after, -is r.., �. problematic and could have been avoided. However, it was not, and it is very - understandable that the Appellant feels that the review process is suspect. But;for me, as much as I agree that the process was tainted in the public mind by the ti inclusion of those two individuals, the process was not corrupted.It is not a factor'in •"fl my decision. - �, E-FILED 2016 OCT 05 10:37 AM JOHNSON -CLERK OF DISTRICT COURT G) The Applicant's statement on ABC News about his desire to have a place where he can tailgate is irrelevant. It understandably inflamed the issue, but the City asserts that the use classification was done prior to that statement I see no evidence to the contrary.However, I am sure the Appellant could document how,using public records and media publications, a comparable structure from the same Applicant came to be perceived as an entertainment,rather than residential,venue long before the ABC story and before it reached this City. H) The City's use of a Letter of Intent (April 22) and Affidavit of Use (May 11) is at best confusing;at worst,contradictory. In the initial staff report of 9/14, those documents are used by the City to validate the use designation. In its own response, page 4, it asserts "If the use of a proposed structure is in question, staff will request additional information regarding the use and will sometimes seek an affidavit of use to clarify and confirm the permitted uses for the current owner and future owners of the property." In its conclusion (page 13), to summarize its rationale for the use classification, the City states, "The property owner has affirmed in three documents (permit application, an email, and in an Affidavit of Use)that the intent is to use the structure as a single-family home." Questions were raised by the Board at that time regarding the role of those documents in the classification process. Basically, were the documents used to inform the decision or to validate the decision? Any reasonable person would be justified in coming away from that 9/14/16 meeting with the impression that: 1) before the said documents were requested, the use was"still in question"and the documents would be part of the review process to resolve those questions; 2) the City used those documents as additional evidence to justify the final use designation. ("Due diligence") That, in and of itself, is a questionable use of the documents by the City. Asking the Applicant to define and/or confirm the use is illogical as a basis for the final decision. Such was the impression created by the first meeting,but in the meeting of 9/21/16, upon further questioning, the City clarified that the use designation had already been determined by staff and that the Letter of Intent and Affidavit of Use were requested only for the benefit of the Applicant, to avoid confusion on his part and any possible future owner of the property. In either case, the documents are irrelevant to the issues before this Board,-and ; should be ignored. Indeed, the Board is hampered in its deliberative process if the- facts have to be re-argued by either side because the first presentation was -not precise,or was potentially misleading. I am also puzzled by the seeming absence of any enabling or definitional language in the Zoning Code regarding the so-called Letter of Intent and Affidavit of Use. The E-FILED 2016 OCT 05 10:37 AM JOHNSON -CLERK OF DISTRICT COURT City can request such documentation, but can it require the Applicant to provide such documentation? If the documents are not mandated by the Zoning Code, is there any evaluative relevance in the use classification process? An obvious question arises: Would a refusal to provide those documents be grounds for withholding a final use classification? How would the Zoning Code offer guidance in that situation?Why does the City assume the obligation to make sure the Applicant is not confused about his own development?The City wants to insure that the future use of the property is understood by the current and any future owner. Why isn't that clarity assumed in the initial review process and decision? Why would any subsequent owner be confused about the use unless the property design itself was ambiguous? Regardless of the eventual disposition of this case,the City would be well advised to study how it wants to use such documents in the future. Questions of Judgment If the Board is allowed some latitude to question the judgment of the City, several examples illustrate a range of possibilities. A) For example, at the first meeting the City was specifically asked if, in its review process, it had to consider any plan that included multiple toilets, urinals, locker storage, designated men's and women's restrooms. The question was asked by the Board in response to the public perception of the structure that was generated in its earliest manifestation in University Heights.The question was intentionally asked to give the City a chance to differentiate its review process from that of the earlier proposal in UH, to establish that the structure under review was, indeed, not the structure the public assumed it was. It was a softball question.The City answered in the negative.It did not consider or approve any of those items. At the 9/21/16 meeting, the Board sought clarification about that original statement. In particular, it sought clarification about which building design was part of the original review process and original approval. Two designs were included in the original staff report of 9/14/16. It was determined that the plan which showed: 1) a female bathroom with two toilets enclosed by stall walls and provided with swinging doors for privacy, and what seemed to be some sort of storage cubicles or lockers; and 2) a male bathroom with two urinals and storage space. Asked to clarify, the City official responded to the effect that he did not remember seeing those plans. Such an exchange does not instill confidence in the Board that the City did, indeed, exercise"due diligence." - l E-FILED 2016 OCT 05 10:37 AM JOHNSON -CLERK OF DISTRICT COURT B) Even more troubling is the history of the first building permit The City took longer than usual to review and approve the permit.Again,an emphasis on i-dotting and t-crossing and due diligence. Plans were submitted on April 11 and a permit was issued on May 25. On June 14, that permit was suspended "due to the recognition that the proposed driveway did not connect to Lusk Avenue and Lusk Avenue was not being extended."(page 3 of staff report of 9/14/16) The approval of the revised building permit on June 28"showed the drive access on the north side of the lot." That is an astonishing admission of error. It was not a minor error arising from an obscure detail. It was a fundamentally significant error. An outside observer would be justified in asking, even if only ironically, "Did anyone from the City actually go out and look at the property before they approved that first layout?" That fundamental error in ... judgment ... opens the door to consideration of other possible errors in judgment The Building Permit Issue Of the two issues before the Board, let me begin with the second, the validity of the building permit issued. I start with this issue because it offers more opportunity to evaluate demonstrable facts. A) In their testimony to the Board,the Appellants provided documentation that was not provided to the Board in the original staff report of 9/14/16. Requests for information about sanitary sewer issues seem to have been answered with misleading information from the City. Internal memos which provided more information about staff concerns relative to this issue were part of the Appellant presentation, not the City presentation. Even though those comments were more directed to a prior discussion of a possible lot split on that property,the information was clearly relevant to the Board's review. B) In testimony and in documentation provided, the City itself has acknowledged factual problems with development on this site. Those problems were illustrated in the earlier review of a possible lot-split by a different property owner.Although the City was subsequently faced with a different development proposal by a different owner, seemingly governed by different regulatory guidelines, those factual problems did not disappear. Quoting a 5/6/15 memo from Jann Ream to Mike Oliveira, discussing the status of the proposed lot-split: t ; � .. c7 "In terms of zoning for lot size, configuration and frontage, Doug feels ..� this plat is compliant and therefore approvable for a split. However, > c7 i1 Z23 ' E-FILED 2016 OCT 05 10:37 AM JOHNSON - CLERK OF DISTRICT COURT he does see the sewer, water and turn-around size issues that have been discussed previously and that Jason brought up in his email concerning this configuration. Doug will not sign off on the plat until these issues have been resolved." (my italics) Clearly, there is a factual problem with the sanitary sewer connections associated with this property. Under the rules of a lot-split, the City not only would have the right,but also the obligation to mitigate those problems. In a 9/14/16 memo from the City Engineer to the NDS Director: "In my opinion, the existing sanitary service can be reused by the proposed new single-family home because it is an existing permitted sanitary sewer service that ties into the public sanitary sewer system, and the proposed use is replacing the previous similar use." (my italics) And that is the crux of the City's argument in more than one instance.A single-family home existed previously on the same lot; a single-family home is proposed to replace it.A sub-division request, and the regulatory latitude it provides the City, is based on an assumed increased intensity of use. Another house equals more water and sewer use,more storm-water run-off, more demand on city services such as fire and police. It is the City's position that since the proposed structure has at least one bedroom, one bathroom, one kitchen, and one living area .... it is a similar use. There is no change in the intensity of use. It is the essence of tunnel vision. It ignores reality and common sense.But,is it legally binding? The City's perspective is best summed up by Julie Tallman in her 6/22/16 memo to John Yapp,regarding the Lusk development: "So I was looking through the single-family development standards and noticed that the purpose statements for minimum lot requirements and building bulk standards are uniform in that the _ ^� seek to 'ensure consistency and compatibility between new and a Cv existing development,' and 'discourage new buildings that dominate ::57- �3 ~71 existing buildings' • —i `�" l I assume that the proposed building meets all height,setback,and _� r. f-y' other dimensional requirements in our code that are intended to :? further the stated purposes.So maybe it's our code that fails to achieve : `' the purpose statement, and it's not a reason to deny the building , permit" (my italics) •" E-FILED 2016 OCT 05 10:37 AM JOHNSON -CLERK OF DISTRICT COURT Again, regardless of the eventual disposition of this case, the City is on notice that the Zoning Code does not give the City the language or leverage it needs to best serve the public interest The proposed structure will occupy the same ground space as two houses on a split lot. There is even a possibility that the current lot could be split three ways. But those three houses would still be limited to occupying the same overall space as the Applicant's proposed similar use by itself.Even with three houses, it is likely that the proposed project by itself would have a comparable, albeit lesser, number of bedrooms. Most importantly, the design of this structure is obviously intended to accommodate large numbers of people at one time, for very intense use in a short period. The existing sanitary sewer arrangement is clearly inadequate in design or capacity to handle the intensified peak usage that is almost explicit in its design. The City asserts that its hands are tied by the Zoning Code. The proposed structure is a single-family residence of similar use to that which existed before. Was any effort made to negotiate this issue with the Applicant? Regardless of perceived legal limitations,was the City obligated to at least attempt to mitigate the negative impacts of this "development" in an effort to also achieve the goals of the Comprehensive Plan? I can recall no testimony to that effect If, indeed, the City is constrained by law to impose changes, limited in its ability to mandate changes...what it can do...there is no limitation on what it should try to do. For example, a re-design of the front bathroom was done for the second building permit. It is my understanding that the staff did not initiate that change. It is certainly an improvement, and it dims, but does not erase, the perception that the front restrooms were designed for public, not private, use. Thus, the Applicant seemed willing to modify his plans,a disposition that the City did not cultivate. The impression created by the City reports and testimony is that,once it determined the usage classification, it did little to shape the subsequent development That is disappointing,but it seems to adhere to the letter of the law. Two analogies, neither of them legally binding, seem relevant here. Over and over, the impression created by the City review process is that of six blindfolded men each assessing one of six appendages of an elephant: four legs, a trunk, and a tail. From that limited perspective, each defines the overall animal from a single part. But none of them perceive the totality of the beast. But, to be fair to the City, that blindfold might be the Zoning Code. From my perspective on the Board, this analogy of being blindfolded is the essence r , of the City's position. nil 1'' E-FILED 2016 OCT 05 10:37 AM JOHNSON -CLERK OF DISTRICT COURT From the perspective of the Appellant, I would suggest that another analogy is more apt. A doctor named Frankenstein collects human body parts (a bedroom, bath, kitchen,and living space) in an effort to create new life.But the result of his creation using individual human body parts is itself not human. It is a monster. From the perspective of the first analogy, the City's final interpretation might be wrong, but not illegal. From the perspective of the second analogy, the City's final creation was not only wrong, but socially irresponsible. The "monster" itself is, at best, inconsistent with the Comprehensive Plan; at worst, it is a violation of, an assault on,the Comp Plan. The sanitary sewer issue is now complicated by a right of easement being contested by the neighbors. Their action was subsequent to the issuance of the first building permit so it cannot be part of the Board's evaluation of that permit. Regardless of this Board's decision now or any future court's resolution of the two main issues._.classification and building permit validity...the Applicant would be well advised to upgrade and provide his own sanitary sewer connection to the City that did not rely on the previous easement now in legal limbo. Complicating the Board's review power is the position of the City that "The adequacy of the sewer service is not part of the Zoning Code, and is therefore not something that can be appealed to the Board of Adjustment." (page 28) That is an opinion cited by the City to most of the Appellant's objections. It is a position with which the Board Counsel agrees. Thus, for this appeal, the sanitary sewer problem is not a basis to overturn the building permit decision by the City. The absence of authority to mandate the upgrade trumps the common-sense need that it be done. Although the City might have such authority in other sections of the Zoning Code, the Code specifically applicable to single-family residential use is more restrictive of the City's review power. Regardless,the sanitary sewer configuration remains a problem in fact,if not law. C) More problematic is the issue of the turn-around and the associated fire-related public safety concerns. The City maintains that it can do nothing, even though it wishes it could. Here again, the position of the City is marked by the conflict between language from one source that says a turnaround is required at a certain length, a requirement that the City would be much more likely to satisfy if the issue was part of a lot-split. CD Cr% Q 'r ...a •d.i ti 'l E-FILED 2016 OCT 05 10:37 AM JOHNSON -CLERK OF DISTRICT COURT Quoting the Roger Jensen memo of 9/21/16, in response to the Appellant's assertion that there is inadequate access for fire apparatus: The adopted fire code requires (my emphasis) "approved" turn around for access roads longer than150 feet. The International Fire Code and Commentary clarifies the purpose of apparatus turnarounds by stating, "In consideration of the hazards inherent (my italics) in attempting to back emergency vehicles, especially larger ones such as ` tower ladders, out of a dead-end roadway, this section intends &I) create a safer situation (my italics) by requiring that dead-end roads over 150 feet long be equipped with an approved turnaround--)-< ca designed for the largest anticipated emergency response vehicles." t'? The Iowa City Fire Department has not applied this code section to existing dead-end streets where in-fill development occurs.Apparatus turnarounds are not germane to life safety concerns (my italics); therefore, to require them on existing streets is believed to be impractical and excessive and has not been pursued. The City's own words are troubling. In its judgment regarding in-fill development, it is not required to do what the Fire Code requires. In its judgment,Apparatus turnarounds are not germane to life safety concerns. It has thus re-defined "hazards inherent" and "safer situation" to justify removing this issue as a factor in the Lusk Avenue development. Perhaps the City might be right that"to require them on existing streets is believed to be impractical and excessive..." Engineering and cost considerations are always factors in development. But that is a subjective response on a case by case basis. Not all in-fill developments are the same. In some cases, such a turnaround might be "impractical and excessive." The problem here is not the subjective discretion of the City, but rather the underlying over-simplification of the original classification... the over-reliance on the rationalization similar use. Set aside sanitary sewer and environmental impact problems; set aside the tunnel- visioned acceptance of a structure having a bedroom, bathroom, kitchen and living space and therefore automatically qualifying as a single-family residence. A reasonable person can still justifiably argue that, especially in terms of fire and other public safety concerns, this structure is not a similar use, nor can it be compared to previous in-fill development. The building size, exterior design and interior design clearly show an intended entertainment identity and use. It is capable of hosting very large crowds for social gatherings in short periods of time which will also generate even more cars in an area with parking availability already • E-FILED 2016 OCT 05 10:37 AM JOHNSON - CLERK OF DISTRICT COURT strained to capacity. Thus, imagine a major fire at this location, in that structure, at the end of that narrow street, on game day. Notwithstanding the history of proven superior performance by the Iowa City Fire Department, the City is setting itself up for a public safety nightmare, its refusal or inability to anticipate and mitigate that scenario, to consider"an approved turnaround designed for the largest anticipated emergency response vehicles"is almost the definition of negligence. Regardless of how this issue was to be resolved, whether by the City negotiating with the Applicant, or by the City exercising its powers of eminent domain and assuming full financial and engineering responsibility, this building permit, for this site and structure, should not have been issued without a specific plan for that turnaround being installed. The City looked at the facts and decided it was not necessary,or they looked at the codes and decided that, even if necessary, they did not have the power to mandate the turnaround. On this question, I support the Appellant position by sentiment and common sense, but the City appears to have followed the letter of the law. Still, I also see this issue leading to a different final resolution if vigorously pursued on appeal. D) In my opinion, the most fascinating discussion, and disagreement, before this Board revolves around the environmental impact of the proposed structure. My first impression of the site when I visually inspected it a month ago was, "My God, how are they going to fit that building on this lot And how are they going to keep it from sliding down that damn hill when it rains?" Admittedly, that is the subjective response of a person with no expertise in engineering. I cite my own experience only to highlight what should have been very obvious to the City in its review process. This is not a typical in-fill property. But, as cited earlier, the City's approval of the faulty first building permit does not give me confidence that,for this issue in particular,the obvious is always apparent. The City's abdication of review authority has been consistently grounded in the regulatory language of the Zoning Code; in particular, the rules governing single- family residential use. The letter of the law. Of the many Appellant issues to which the City responded in its report of 9/14/16, the closest to the question of environmental impact might be its response on page 28 regarding Storm Water drainage. First, the City dismisses the Board's authority to rule on it because it is "not regulated by the Zoning Code." As I recall, in subsequent testimony, the City asserted that storm water drainage problems can only accurately be assessed after construction has occurred. If they exist, the City can then order the owner to• mitigate/solve the problem. At the 9/21/16 Board meeting,Appellant asserted that the Zoning Code did;indeed, t require some action by the City to address sensitive areas issues. ., " �r; 171 E-FILED 2016 OCT 05 10:37 AM JOHNSON -CLERK OF DISTRICT COURT Cited was Article I, page 310, 'Sensitive Lands and Features," of the Zoning Code. Two points of Section 14-51-1 ("Purpose") seem especially relevant to the Board's consideration: A. Implement the environmental policies of the Comprehensive Plan, as amended. F. Provide for the mitigation of disturbances of environmentallr. sensitive features and natural resources by requiring and lc) "47 implementing mitigation plans, as needed. Appellant then cited the exemption guidelines,page 311 (3-C): - . t i Construction of Single Family or Two Family Residential Uses: Grading, clearing or development activities on a tract of land for the purpose of construction, landscaping or associated improvements for one Single Family Use or one Two Family Use are exempt from the requirements of this Article, provided the development activities do not exceed a maximum total of 20,000 square feet in area and provided there is no encroachment by said activities into a jurisdictional wetland, a designated sensitive areas conservation tract or protected sensitive area. I have italicized the last section because that is what the Appellant is using as one basis of its appeal. The Appellant insists that this is a requirement for this development and such a mitigation plan should have been included before the building permit was issued. The Applicant attorney was asked if he agreed with that interpretation. He did not.The City was asked if it agreed. The response was,closely paraphrased,"That is not how we have done it in the past." None of the Board members is an attorney, engineer, or planning professional. On this particular issue, we are being asked to evaluate the "interpretations" of professionals more competent in their individual fields. The discussion was brief, and hardly definitive, but the Appellant, in my opinion, made a more compelling case. Using the existing Zoning Code language as a guide,if the Appellant is correct,a mitigation plan should have been required before the issuance of the building permit. (My Section-D was based on testimony and information as of 9/21/16.) Addendum:Now, at the proverbial eleventh hour on 9/30/16,Applicant has submitted a more detailed rebuttal to the Appellant's interpretation,as has the City,with another subsequent response from the Appellant These new exchanges raise more issues that will be resolved in subsequent litigation, but they have not altered the geographic and geological facts associated with this project. • E-FILED 2016 OCT 05 10:37 AM JOHNSON -CLERK OF DISTRICT COURT ca Classification of Use I have discussed the building permit issue first simply to establish a series of facts as-23 I understand them. In truth, any problems with the building permit become moot if they proceed from an incorrect classification of use. If the use classification of single-family is wrong, all bets are off. After six hours of testimony at the 9/14/16 meeting,and five hours of discussion at the 9/21/16 meeting, the City's rationale for the residential classification was revealed to be quite simple. If anything meets the minimum requirement of one bedroom,one kitchen, one bathroom,and a living space, it is a residence.With those minimums established, the circular logic arising out of the definitional guidelines of the Zoning Code are then cited: PRINCIPAL USE: The primary use of land or a structure as distinguished from an accessory use, e.g., a dwelling is a principal use on a lot in a residential zone, while a garage or pool is an accessory use. DWELLING:A building wholly or partially used or intended to be used for residential occupancy. The proposed structure at 101 is clearly a building at least "partially" used for a residential occupancy, albeit on an absentee basis. It seems superficially logical that it is therefore the primary use of land in that zone. For the City, all other uses....entertainment, recreational, social activities... are accessory as long as they fit the definitions in the Zoning Code. That seems simple,so why is this issue so complicated and contested? The Board repeatedly asked the City if there was any limit to the logic upon which their decision rested. How about a structure with ten bedrooms in an RS-5 zone? No limit?A structure with ten bathrooms?Two or more basketball courts?An elevated stage built in a giant courtyard? Only one bedroom but ten bathrooms? The list of variations is only constrained by the size of the lot. Could the City imagine any design, even though it included one bedroom, one bathroom, one kitchen, and a living area...any design or configuration that would cause it to question the structure classification as a residential dwelling? A reasonable person could look at the design of the front restrooms and see them clearly designed for a public use rather than private convenience. A reasonable person could look at the spatial configuration of the structure and see its primary E-FILED 2016 OCT 05 10:37 AM JOHNSON -CLERK OF DISTRICT COURT use as an entertainment or recreational venue, with residence as a secondary use. The City's response?In so many words...not according to the Code. A reasonable person would consider the sanitary sewer connection, the adjacent slope protection, and the potential public safety issue of a necessary turnaround as problems to be addressed by the City. The City's response? In so many words_.not according to the Code. Carried to its logical extreme, the City is admitting that it has no power to stop this structure at this site, nor any power to prevent even worse abominations in any other residential zone in Iowa City. If the City's decision is upheld, not one single neighborhood in this community is safe from such development I will admit that my previous few paragraphs might be rhetorically unfair to the City. I have chosen the most inflammatory language I could muster. But the tone of my language does not contradict my conclusion. If the City's decision is upheld, not one single neighborhood in this community is safe from such development But the City has a compelling rebuttal to my conclusion.They are following the letter of the law.As they understand the law,they must approve this development Indeed, those who oppose this development must also demand that the City obey the law in all issues before it,not just the one that affects them directly. I suspect that the final interpretation of the law is not in the hands of this Board. It will be adjudicated elsewhere.The City insists that it has obeyed the law. Others wilE:' resolve that C' 8 "s.1 Decision I return to the language of the law as it relates to our role as a Board of Adjustment Iowa Code 414.10 (B-Purpose): "The decisions of the Board should serve the public interest,meet the intent of the title,and be consistent with the comprehensive plan of the city,as amended." Thus, any decision by the Board, by law, must evaluate the "public interest" and should be"consistent with the comprehensive plan." Having established as much factual context as I can for this issue, I now note the language of the Comprehensive Plan, but separated here for individual consideration: • E-FILED 2016 OCT 05 10:37 AM JOHNSON -CLERK OF DISTRICT COURT Iowa City guides development and growth in order to make wise and efficient use of land and infrastructure. Evaluation: This development, in my opinion based on the facts as known, does not reflect wise and efficient use of land and infrastructure. In order to create a quality living environment for all area residents, Evaluation: This development will diminish the quality of life for neighboring residents. the City will protect and promote the character and integrity of existing neighborhoods, Evaluation: this development is clearly out of character with the surrounding neighborhood and threatens the long-time stability and integrity of the adjoining property owners. compatible with and connected to surrounding development, Evaluation:This development is clearly inconsistent with that goal. N and sensitive to its environmental context. c: ^ ;c, -71 >2:4 —1 ..+� Evaluation:This development is clearly inconsistent with that goal. c) -- - Therefore,as I understand the letter of the law which mandates the obligation of the Board of Adjustment to render decisions which "should serve the public interest,__, .' meet the intent of the title, and be consistent with the comprehensive plan of the.... city," I side with the Appellants and,being compelled by the language of the law that ' established the Board of Adjustment, I judge the classification of this development as single-family residential to be overwhelmingly inconsistent with the Comprehensive Plan and clearly not in the public interest. To reach that conclusion but rule against the Appellant is incompatible,with the legal mandate of this Board. And we are back where we began. What the City should do,can do, and must do will not be resolved here.The Appellant has the weight of logic and common sense on its side,as well as the moral authority of the public interest.This Board itself can make no decision that is not in the public interest, nor can it make a decision that is inconsistent with the Comprehensive Plan. Regardless of the final adjudicated outcome, the City is now obligated in the future to make sure the letter of the law is amended to more clearly serve the public interest better than it has in this case. 4+' E-FILED 2016 OCT 05 10:37 AM JOHNSON - CLERK OF DISTRICT COURTS o ` • ' City of Iowa City • MEMORANDUM TO: Board of Adjustment FROM; Sarah Walz, Associate Planner DATE: September 14, 2016 RE: APPEAL OF A DECISION BY THE DEPARTMENT OF NEIGHBORHOOD AND DEVELOPMENT SERVICES TO ISSUE A BUILDING PERMIT FOR PROPERTY LOCATED IN THE LOW DENSITY SINGLE-FAMILY(RS-5) ZONE AT 101 LUSK AVENUE I ' The purpose of this memorandum is to set forth the rules that govern your consideration of the above-referenced appeal. In deciding the appeal you must first determine: 1. Whether Neighborhood and Development Services (NDS) exercised its powers and followed the regulations established in the Zoning Code with regard to classification of the structure as a residential use; site plan approval requirements for sanitary sewer; compliance with fire safety regulations for street access and provision of water for firefighting; and 2. Whether the actions of NDS staff were patently arbitrary or capricious. You will receive a memo from NDS staff on the background of the appeal, the record produced by the staff, and the zoning code regulations that apply to the regulations cited in the appeal. Element No. 1 above requires you to determine whether NDS staff properly followed (used/relied on) the zoning regulations. Element No. 2 requires you to determine whether the Development Services decision to approve the application was patently arbitrary and capricious. A decision is "arbitrary" or "capricious" when it is made without regard to the law or the underlying facts of the case. Arora v. Iowa Board of Medical Examiners, 564 N.W. 2d 4, 7 (Iowa 1997). A decision is also "arbitrary" or `capricious" when it involves an "abuse of f' discretion". An "abuse of discretion" occurs when the action rests on grounds or reasons clearly untenable, unreasonable, or lacking rationality in light of the actors' authority. Dico. Inc. v. Iowa Employment Appeal Bd., 576 N.W.2d 352, 355, (Iowa 1998). The above-stated "standard of review" is a narrow one. The Board is not entitled to simply substitute its own judgment for that of NDS staff. In other words, you may not reverse the decision merely because you disagree with it. Rather, if you find that the NDS staff exercised its powers and followed the guidelines established by law, and that its decision was not patently arbitrary or capricious then you must uphold the decision. If, however, you find that NDS staff did not exercise its powers and follow the regulations established by law, abused its discretion, or acted patently arbitrarily and capriciously you may, in conformity with the provisions of the Zoning Code, affirm (for a different reason), wholly or partly; reverse, wholly or partly; or, modify the decision of the NDS staff to grant the building permit. In other words, you will stand in the shoes of the staff and make such 1 EXHIBIT E-FILED 2016 OCT 05 10:37 AM JOHNSON - CLERK OF DISTRICT COURT • September 8, 2016 Page 2 decision as ought to have been made based on the regulations with regards to the approval of an accessory structure. The motion to decide the appeal will be in the form of a motion to affirm the appeal to overturn the decision of NDS staff. Again, in making your decision, you step into the shoes of and have all the powers of the NDS staff. The reasons for your decision must be clearly articulated based on the regulations in the zoning code. U' ril ♦'1 • E-FILED 2016 OCT 05 10:37 AM JOHNSON - CLERK OF DISTRICT COURT LAREW LAW OFFICE LarewLawOffice.com Phone:319.337.7079 Fax:319.337.7082 504 E.Bloomington St. 210 Cedar St. 252 E.3nd Street Iowa City,Iowa 52245-2858 Muscatine,Iowa 52761-2504 Des Moines,Iowa 50309-4114 James C. Larew Claire M. Diallo James.Larew@LarewLawOffiee.com Admitted only in NY and NJ Q Cac $ 3 VIA: Email mparmenter@lwclawyers.com '—; --a ---- CD September 9, 2016 --Tri?-3 Mr. Mark Parmenter, Esq. s� Lederer, Weston, Craig,PLC 118 3"d Avenue SE, Suite 700 Cedar Rapids, IA 52401 Re: Prejudicial Errors in City's Memorandum to Board of Adjustment Appeal to Iowa City Board of Adjustment Appeal No. 16-0001 101 Lusk Ave, Iowa City Dear Mark: I write to you in your capacity as Legal Advisor to the Iowa City Board of Adjustment, appointed to represent that body independently with respect to the appeal made by our clients regarding actions taken and determinations made by City of Iowa City Building Official Doug Boothroy related to property owned by F. Reed and Sandra Carlson, at 101 Lusk Avenue, in Iowa City. Our clients are extremely concerned that materials published to the Iowa City Board of Adjustment were distributed to participating attorneys yesterday contained gratuitous and erroneous legal advice by a non-lawyer employee of the City to the Board's Members,thereby both disrupting the entire purpose of your appointment as independent Legal Advisor to the Board and also creating confusion about the issues presented by Appellants and the scope and power of the Board to resolve those issues. I At pages 3 and 4 of the more than 200 pages of documents package delivered yesterday there is a Memorandum dated September 14,2016,2 In the initial Agenda,appearing as the first page of the materials,the September 14 proceeding was errantly described as a"Special Exception Item." This was corrected later with a revised Agenda which correctly described the proceeding as an"Appeal Item." 2 The second page is dated September 8, 2016. EXHIBIT LAREW LAW OFFICE Appeal No.16-0001-Iowa City Board of Adjustment E-FILED 2016 OCT 05 10:37 AM JOHNSON -CLERK OF DISTRICT COURT issued on City of Iowa City letterhead from Sarah Walz, Associate Planner, addressed to the Board of Adjustment. The document purports to deliver legal advice to the Board of Adjustment concerning the articulation of the issues placed before it,as well as controlling law establishing the Members' decision-making parameters.3 Appellants object, in the strongest possible terms, both as to the process under which this Memorandum was issued to the Board of Adjustment Members and also as to the substance of the legal advice rendered by the City in the document to the Board. First,as a matter of process, Appellants were under the impression that the core purpose for appointing an independent Legal Advisor to the Board of Adjustment was to address conflict- of-interest issues that would otherwise occur by the fact that the City Attorney will be present at the hearing,representing and defending the interests of the Building Official whose decisions our clients are appealing. As such, we would have anticipated,as a matter of process,that any legal advice offered to Board of Adjustment members would have been through your office, as Legal 3 This is at least the third time known to Appellants in which the City, notwithstanding the fact that independent Legal Advisor has been appointed,has publicly offered gratuitous,and in Appellants' view,errant legal advice to the Board of Adjustment concerning this proceeding. First,on July 19,2016,to a reporter,Ms. Walz set forth a legal standard that she alleged the Board of Adjustment Members must reach in order to uphold Appellants' appeal. She stated to the press that Board members would rule in the appellants'favor only if they can point to a specific error in the city's decision to approve the project and issue a building permit. "They would have to point to something in the zoning code or building code that was fault and that,as a result,shows the city's decision was arbitrary and capricious," Walz said. (emphasis added). "So it's a pretty high threshold,"she opined. Andy Davis,"Board of Adjustment hearing on Kinnick home rescheduled,"July 19,2016,IOWA CITY PRESS CITIZEN. Appellants believe that the"arbitrary and capricious"standard is not applicable here,for reasons stated herein. Then, one month later,to the same reporter, in response to the fact that citizens in the Manville Heights neighborhood were circulating a petition to express their concerns about the City's approval of the Carlson' Site Plan and Building Permit,Ms. Walz stated,="...that the petition would not be considered as part of the board's decision."<—(emphasis added).Andy Davis,"Neighbors continue to protest Kinnick-style home,"IOWA CITY PRESS CITIZEN,August 15,2016. Appellants believe that Iowa law related to board of adjustment proceedings—and,under the rules established by the Iowa City Board of Adjustment—any presentation of any document by any citizen at the hearing, if relevant to the issue considered by it, becomes a part of the record, and that the Board of Adjustment Members, in consultation with their Legal Advisor,are charged with making the determination as to what weight,if any,to give such documents. It is not for the City to direct the scope of the Members' deliberations. Appellants do not know,of course,whether Board of Adjustment Members read these articles,and,to that extent,do not know what remedy,if any, is appropriate. By contrast,Appellants must presume that the Board of Adjustment Members have read the two page document captioned Memorandum,placed on City of Iowa City letterhead,related to the September 14,2016,hearing. To that end,Appellants believe that some type of immediate,corrective remediation must be taken,of sufficient strength to offset,to the extent possible,the sounds of the errant bell sounded on the eve of the hearing. LAREW LAW OFFICE Appeal No.16-0001-Iowa City Board of Adjustment Page 2 E-FILED 2016 OCT 05 10:37 AM JOHNSON -CLERK OF DISTRICT COURT Advisor,and not from a City staff-person,and particularly not from a City staff person who is not an attorney. Second,as a matter of substance,I believe that the Memorandum's statements throughout and accompanying legal advice are clearly erroneous on multiple fronts and,as such, are likely to confuse the Board of Adjustment members in ways that are wholly prejudicial to Appellants. The Memorandum's errors begin with the articulation of the issues to the extent that Iowa Code chapter 414 specifies that a Building Official,and not an entire department of city government, be the focus of our appeal. That is not how the first issue is presented in the Memorandum. Further,the first issue,as articulated in the Memorandum,makes it appear that Appellants are required to determine legal error on all of the issues described; whereas,in fact,these issues are presented in the alternative. The second issue is articulated as"whether the actions of NDS staff were patently arbitrary or capricious."(emphasis added). The"patently arbitrary or capricious" legal standard does not appear anywhere in Iowa Code chapter 414 or in the Iowa City Code with respect to Board of Adjustment appeals. It also does not appear in any Iowa Supreme Court case interpreting Board of Adjustment decisions that I am aware of. But the confusion created by the Memorandum does not end there. The standard cited by Ms. Walz,on behalf of the City,is ostensibly drawn from the texts of two Iowa Supreme Court cases,neither of which case has anything to do with the Board of Adjustment's powers when considering an Appeal,the burden of evidence that Appellants must carry to the Board of Adjustment,the legal tests to be applied by the Board of Adjustment to the evidence that is presented to it on Appeal,or the extent to which the Members of this Board of Adjustment,in this case,must show deference to the Building Official(s)whose actions are the subject of the Appeal itself. Rather, the cases cited by the City's Memorandum involve Iowa Supreme Court reviews of state administrative agency decisions and final agency actions in contested cases under Iowa Code Chapter 17A. More specifically,each of those cases involves an Iowa Supreme Court interpretation of Iowa Code §17A.19(8). However, Iowa Code Chapter 17A applies to state agencies, and not to municipal governments.4 In contrast to the likely confusion created by the City's Memorandum,the clear legal standard for decision-making is that the Board of Adjustment must only find"error"has been committed by a Building Official. Moreover,Iowa Code chapter 414 could not be clearer to Appellants on one point: the Board of Adjustment has the same power and authority as the Building Official whose decision is the subject of appeal. As a matter of law,there is no deference to be afforded by any member of the Board of Adjustment to the Building Official whose action(s) are the subject of an appeal,as a matter of law. Here is the text from the Code of Iowa,as the applicable provisions appear in Iowa Code §§ 414.12 and 414.13 (emphasis added): "A less compelling error concerning applicable legal standards appears on the same page of the Memorandum. There,the City describes an ostensible"requirement;"that is,that the Board of Adjustment must determine whether the Development Services"...decision to approve the application was patently arbitrary and capricious."(emphasis added). In contrast to the first articulation of this inappropriately-heavy burden of proof,which places the decisional standards in the alternative,the City's second articulation of the errant burden is even heavier—it is described as conjunctive. LAREW LAW OFFICE Appeal No.16-0001-Iowa City Board of Adjustment Page 3 E-FILED 2016 OCT 05 10:37 AM JOHNSON - CLERK OF DISTRICT COURT . 414.12 POWERS. The board of adjustment shall have the following powers: 1. To hear and decide appeals where it is alleged there is error in any order, requirement,decision,or determination made by an administrative official in the enforcement of this chapter or of any ordinance adopted pursuant thereto. t. 414.13 DECISION ON APPEAL. ._n 0 C-7 -- �c,. In exercising the above-mentioned powers such board may, in -ir c=3 conformity with the provisions of this chapter, reverse or affirm, �`r 7'- wholly or partly, or may modify the order, requirement, decision, or .; CI; determination appealed from and may make such order requirement, decision,or determination as ought to be made,and to that end shall have all the powers of the officer from whom the appeal is taken. This is a wholly different set of powers than those described by the Iowa Supreme Court in its review of final state agency actions in contested cases under Iowa Code §17A.19(8). At the close of the Memorandum, the City gets closer to stating the correct legal standard—that Board of Adjustment Members stand in the shoes of the Building Official whose decisions are challenged by Appellants,and will need not show any deference to that Building Official—but,even then, the statement is made in an utterly confused context, one completely irrelevant to the issues that Appellants have placed before the Board of Adjustment in this instance. That is,the Board of Adjustment Members are admonished: "...you will stand in the shoes of the staff and make such decision as ought to have been made based on the regulations with regards to the approval of an accessory structure." But,Appellants raise no issues related to any accessory structure, as none has been proposed of which they are aware. Rather,Appellants contend that the Carlsons' Site Plan for 101 Lusk Avenue fails to meet minimum City Code standards. Appellants aver that a non- residential building has been misclassified as a residential single family residential dwelling. They attest that a building—such as the one proposed by the Carlsons—without an independent sanitary sewer, as a matter of law, cannot be defined as a single family residential structure and cannot be approved for construction, as such. They argue that the Building Official's decisions in approving the Site Plan and Building Permit Application have ignored the City Code's most basic applicable fire code provisions. A wrongful bell has been rung loudly,and rung several times. In every instance,the errant chime has been sounded in a manner that is prejudicial to Appellants. Appellants look to the Board of Adjustment to provide a remedy sufficient in scope and magnitude to mitigate the harms caused by this unfortunate Memorandum issued after the deadline imposed on the parties to this action with respect to the submission of materials to the Members. As one possible LAREW LAW OFFICE Appeal No.16-0001-Iowa City Board of Adjustment Page 4 E-FILED 2016 OCT 05 10:37 AM JOHNSON -CLERK OF DISTRICT COURT remedy,but, surely,not the only possible remedy, that Appellants propose is that this letter be published and read to the Board of Adjustment at or before the onset of the hearing on September 14. and that this letter he made a part of the formal record of that proceeding. Thank you for your anticipated consideration. Since, 7 41, 40111Pf‘ mes C. Larew Enc: City of Iowa City Memorandum to Board of Adjustment. dated September 14, 2016(sic) Cc: Megan R. Dimitt, Mdimitt@lwclawyers.com Eleanor Dilkes, Eleanor-Dilkes@iowa-city.org Sue Dulek, Sue-Dulek@iowa-city.org Bob Hatala, rhatala@simmonsperrine.com Mark A. Roberts, Mrobertsl.simmonsperrine.com Brian Fagan, bfagan@simmonsperrine.com C)") o 117 C �,, LAREW LAW OFFICE Appeal No.16-0001-Iowa City Board of Adjustment Page_5r E-FILED 2016 OCT 05 10 37 AM JOHNSON -CLERK OF DISTRICT COURT City of Iowa City MEMORANDUM .4 crs 4::) I TO: Board of Adjustment FROM: Sarah Walz, Associate Planner DATE: September 14, 2016 • RE: APPEAL OF A DECISION BY THE DEPARTMENT OF NEIGHBORHOOD AND DEVELOPMENT SERVICES TO ISSUE A BUILDING PERMIT FOR PROPERTY LOCATED IN THE LOW DENSITY SINGLE-FAMILY(RS-5) ZONE AT 101 LUSK AVENUE The purpose of this memorandum is to set forth the rules that govern your consideration of the above-referenced appeal. In deciding the appeal you must first determine. 1. Whether Neighborhood and Development Services (NDS) exercised its powers and followed the regulations established in the Zoning Code with regard to classification of the structure as a residential use; site plan approval requirements for sanitary sewer; compliance with fire safety regulations for street access and provision of water for firefighting; and 2. Whether the actions of NDS staff were patently arbitrary or capricious. You will receive a memo from NDS staff on the background of the appeal, the record produced by the staff, and the zoning code regulations that apply to the regulations cited in the appeal. Element No. 1 above requires you to determine whether NDS staff properly followed (used/relied on) the zoning regulations. Element No. 2 requires you to determine whether the Development Services decision to approve the application was patently arbitrary and capricious. A decision is "arbitrary" or "capricious" when it is made without regard to the law or the underlying facts of the case. Arora v. Iowa Board of Medical Examiners, 564 N.W. 2d 4, 7 (Iowa 1997). A decision is also "arbitrary" or "capricious" when it involves an "abuse of discretion". An "abuse of discretion" occurs when the action rests on grounds or reasons clearly untenable, unreasonable, or lacking rationality in light of the actors' authority. Dico, Inc. v. Iowa Employment Appeal Bd., 576 N.W.2d 352, 355, (Iowa 1998). The above-stated "standard of review" is a narrow one. The Board is not entitled to simply substitute its own judgment for that of NDS staff. In other words, you may not reverse the decision merely because you disagree with it. Rather, if you find that the NDS staff exercised its powers and followed the guidelines established by law, and that its decision was not patently arbitrary or capricious then you must uphold the decision. If, however, you find that NDS staff did not exercise its powers and follow the regulations established by law, abused its discretion, or acted patently arbitrarily and capriciously you may, in conformity with the provisions of the Zoning Code, affirm (for a different reason), wholly or partly; reverse, wholly or partly; or, modify the decision of the NDS staff to grant the building permit. In other words, you will stand in the shoes of the staff and make such ' E-FILED 2016 OCT 05 10:37 AM JOHNSON - CLERK OF DISTRICT COURT September 8, 2016 Page 2 decision as ought to have been made based on the regulations with regards to the approval of an accessory structure. The motion to decide the appeal will be in the form of a motion to affirm the appeal to overturn the decision of NDS staff. Again, in making your decision, you step into the shoes of and have all the powers of the NDS staff. The reasons for your decision must be clearly articulated based on the regulations in the zoning code. • ' E-FILED 2016 OCT 05 10:37 AM JOHNSON -CLERK OF DISTRICT COURT James P.Craig Megan R.Dimitt Kent A.Gummert L E D E R F..R WE S T O N C R A I G r l.t Kimberly K.Hardeman www.lwclawyers.com Gregory M.Lederer Mark 1.Pannenter Brenda K.Wallrichs September 12,2016 Benjamin M.Weston J.Michael Weston Writer's E-mail:mpannenter@lwclawyers.com Board of Adjustment City of Iowa City City Hall c • :e.., 410 East Washington Street ---1 Iowa City, IA 52240 Re: APL 16-00001 rn -a" Dear Members of the Board: " 1 " In your packets you received a Memorandum on City letterhead from Associate Planner, Sarah Walz,dated September 14, 2016. That Memorandum provided instructions to you regarding your consideration of the Appeal of the decision by the Department of Neighborhood and Development Services to issue a building permit for property located at 101 Lusk Avenue. The parties involved in the appeal have raised questions and objections to that Memorandum. For that reason, I am providing the enclosed Memorandum to clarify your role in this Appeal and the law as it applies. Please disregard the previous Memorandum dated September 14, 2016. To be clear, 1 have not and will not offer any opinions on whether the Appeal should or should not be granted. That decision shall be the collective decision of the Board. The purpose for my engagement by the City of Iowa City is to represent the Iowa City Board of Adjustment as it hears and makes a decision on the Appeal. My role as counsel for the Board is to ensure the Appeal process is equally fair to all parties and to ensure that the Board understands its role and the powers and authority it possesses as granted by both Iowa law and the Iowa City Code of Ordinances. Copies of the enclosed Memorandum and its attachments have been provided to all parties to this appeal. Thank you. 118 Third Avenue SE.Suite 700 4401 Westown Parkway, EXHIBIT P.O. Box 1927•C'edar Rapids.IA 52406 West Des Moines,IA �\ Phone:319-365-1184•Fax:319-365-1/86 Phone:515-224-3911•Fax:; Please respond to Cedar Rapids office E-FILED 2016 OCT 05 10:37 AM JOHNSON -CLERK OF DISTRICT COURT September 12, 2016 Page 2 Very it . L I ERER WESTON CRA . PLC . k /P MJP/MRD Enclosures cc: James C. Larew, Esq. Counsel for Appellants Robert S. Hatala, Esq. Brian J. Fagan, Esq. Counsel for Reed&Sandy Carlson Eleanor Dilkes, Esq. - w Sue Dulek,Esq. 5 ➢c u Counsel for Iowa City -; Sarah Walz, Associate Planner 1:4 r: c� m } rn N) • E-FILED 2016 OCT 05 10:37 AM JOHNSON -CLERK OF DISTRICT COURT MEMORANDUM TO: Iowa City Board of Adjustment -- ca FROM: Mark J. Parmenter 711 DATE: September 12, 2016 2 :x RE: APL 16-00001 —Standard of Review ra Purpose The purpose of this Memorandum is to inform the Board of its role, its duties and obligations, and the law as it applies to the Board and the appeal process. All code sections cited herein are attached to this Memorandum for the Board's reference. The Issues Presented Appellants Neighbors of Manville Heights Association, Karin Southard, President, Anne Lahey, Craig Syrop&Anne Sadler,Bill &Karen Ackerman, and Bradley&Catherine Erickson have filed an Application for Appeal regarding the building permit issued by the Department of Neighborhood and Development Services("NDS")to Reed and Sandy Carlson. The Appellants have identified the following issues for the Board's consideration: (1) The classification of the proposed structure as a single family residence; (2) The approval of the site plan for the proposed structure; and (3) The approval of a building permit for the proposed structure. State and City Law Iowa Code Chapter 414, City Zoning,provides for the creation of a board of adjustment: The council shall provide for the appointment of a board of adjustment and in the regulations and restrictions adopted pursuant to the authority of this chapter shall provide that the said board of adjustment may in appropriate cases and subject to appropriate conditions and safeguards make special exceptions to the terms of the ordinances in harmony with its general purpose and intent and in accordance with general or specific rules therein contained and provide that any property owner aggrieved by the action of the council in the adoption of such regulations and restrictions may petition the said board of adjustment directly to modify regulations and restrictions as applied to such property owners. Iowa Code§ 414.7 (2016). Iowa law also empowers a board of adjustment to hear appeals: EXHIBIT 1 E-FILED 2016 OCT 05 10:37 AM JOHNSON -CLERK OF DISTRICT COURT Appeals to the board of adjustment may be taken by any person aggrieved or by any officer,department,board,or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time as provided by the rules of the board by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken. Iowa Code§ 414.10(2016). In accordance with Iowa law, Iowa City has created a five member board of adjustment arid set forth its powers: A. Board Established; Membership; Compensation: The board of adjustment' • shall consist of five (5) members appointed by the mayor with the consent of the city council for a term of five(5) years. Members shall be qualified, s . electors of Iowa City. A majority of the members of the board shall be: persons representing the public at large; a majority of the board shall not be involved in the business of purchasing or selling real estate. Board members shall serve without compensation. B. Purpose: The purpose of the board is to provide relief from the requirements of this title [Title 14, Zoning Code] when a variance is warranted, provide extra scrutiny in cases where special exceptions allowed by this title are requested, and provide an avenue for appeal of administrative decisions regarding the enforcement and implementation of this title. The decisions of the board should serve the public interest,meet the intent of the title, and be consistent with the comprehensive plan of the city, as amended. C. Powers: The board shall have the following powers: 1. Appeals: To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the city manager or designee in the enforcement of this title or of any ordinance adopted pursuant thereto. Iowa City Code of Ordinances, 14- 7A-2;see also Iowa Code § 414.12 (2016)('`The board of adjustment shall have the following powers: 1. To hear and decide appeals where it is alleged there is error in any order, requirement,decision,or determination made by an administrative official in the enforcement of this chapter or of any ordinances adopted pursuant thereto."). 2 ." • E-FILED 2016 OCT 05 10:37 AM JOHNSON -CLERK OF DISTRICT COURT The Iowa City Code of Ordinances("City Code")also provides that the Board, when hearing appeals, "shall review all applicable evidence presented regarding the subject appeal." Iowa City Code of Ordinances, 14-8C-3(B)(3). Further,the City Code states: the board of adjustment may, in conformity with the provisions of this title or ordinances adopted pursuant thereto, affirm, or upon finding error, reverse or modify, wholly or partly, the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end, shall have all the powers of the officer from whom the appeal is taken. Iowa City Code of Ordinances, 14- 8C-3(B)(4);see also Iowa Code § 414.13 (2016)('`In exercising the above-mentioned powers such board may, in conformity with the provisions of this chapter,reverse or affirm,wholly or partly, or may modify the order, requirement,decision, or determination appealed from and may make such order requirement,decision,or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken."). Analysis This section of the City Code, 14-8C-3(B)(4), permits the Board to reverse or modify the decisions made by NDS only upon a finding of error. If the Board finds an error was made by NDS,it has the power to reverse or modify—in whole or in part—any of the following decisions: (1)The classification of the structure as a single family residence; (2)The issuance of the building permit. City Code 18- 1 -2B states that site plan review is not required for thc development of"one single-family dwelling"or"one two-family dwelling or related accessory structures in any zoning district." Because of this provision,NDS did not approve or disapprove a site plan for the proposed structure,and therefore there is no decision by a city department or official for the Board to review. If the Board finds an error was made by NDS in any of its decisions, it may also make such orders, decisions,requirements or determinations as should be made in the opinion of the Board. If the Board finds error and takes action to reverse,modify, or make additional orders or requirements,the Board is empowered to act with •: • .•wens as NDS. Iowa City Code of Ordinances, 14-8C-3(B)(4);see also Iowa Co e§ 414.1 16). Resp-41,400, D. f,'tted, ra CJ Cis ar J. r`. ' nter r2 o f" RJ E-FILED 2016 OCT 05 10:37 AM JOHNSON -CLERK OF DISTRICT COURT ' 414.7.Board of adjustment--review by council.IA ST§414.7 Iowa Code Annotated Title IX.Local Government[Chs.331-420] Subtitle 4.Cities[Chs.362-42o](Refs&Annos) Chapter 414.City Zoning(Refs&Annos) I.C.A.§414.7 414.7.Board of adjustment—review by council Currentness The council shall provide for the appointment of a board of adjustment and in the regulations and restrictions adopted pursuant to the authority of this chapter shall provide that the said board of adjustment may in appropriate cases and subject to appropriate conditions and safeguards make special exceptions to the terms of the ordinances in harmony with its general purpose and intent and in accordance with general or specific rules therein contained and provide that any property owner aggrieved by the action of the council in the adoption of such regulations and restrictions may petition the said board of adjustment direct to modify regulations and restrictions as applied to such property owners. The council may provide for its review of variances granted by the board of adjustment before their effective date.The council may remand a decision to grant a variance to the board of adjustment for further study.The effective date of the variance is delayed for thirty days from the date of the remand. Credits Amended by Acts 1986(71 G.A.)ch. 1098,§1. Notes of Decisions(40) I.C.A.§414.7,IA ST§414.7 Current with legislation from the 2016 Reg.Sess. Erni of Document •:._OIh Tho m,on:Reuter. No enum to oriern:l l..S,r �c���crtim;cn:N'orir.. C„� C ) c �j CD O «.+ .21 q r+• 'r 1i` 1 r) • V E-FILED 2016 OCT 05 10:37 AM JOHNSON -CLERK OF DISTRICT COURT 414.10.Appeals,IA ST§414.10 Iowa Code Annotated Title IX.Local Government[Chs.331-42o] Subtitle 4.Cities[Chs.362-4201(Refs 13r Annos) Chapter 414.City Zoning(Refs&Annus) I.C.A.§414.10 414.1o.Appeals Currentness Appeals to the board of adjustment may be taken by any person aggrieved or by any officer,department, board, or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time as provided by the rules of the board by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof.The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. Notes of Dccisions(17) 1.C.A.§414.10,IA ST§414.10 Current with legislation from the 2016 Reg.Sess. t:ud ul l)ueu m in 22016 Thomson Ruutcr. .''o claire to ori_:n,:t'.s.Goterumcnt Warks rV C> C") • -f C) CD 1 m 1T1 `p'7-i 1; S •' •" E-FILED 2016 OCT 05 10:37 AM JOHNSON -CLERK OF DISTRICT COURT • 414.12.Powers,IA ST§414.12 Iowa Code Annotated Title IX. Local Government IChs.331-420] Subtitle 4.Cities[Chs.362-420](Refs&Annos) Chapter 414.City Zoning(Refs&Annos) I.C.A. §414.12 414.12.Powers Currentness The board of adjustment shall have the following powers: 1.To hear and decide appeals where it is alleged there is error in any order,requirement,decision,or determination made by an administrative official in the enforcement of this chapter or of any ordinance adopted pursuant thereto. 2.To hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass under such ordinance. 3. To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest,where owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship,and so that the spirit of the ordinance shall be observed and substantial justice done. Notes of Decisions(51) I.C.A.§414.12,IA ST§414.12 Current with legislation from the 2016 Reg.Sess. Did of Uocwnr°i ''u'"Thomson Rc::u•r.. rlrn;,1,1 uu=.y::+!U.S C;u:•rrnn.rrs 1+cr�: Cr7 :..i CJ1 — ... 1:i C) c W —a;r n l i I ••• • E-FILED 2016 OCT 05 10:37 AM JOHNSON -CLERK OF DISTRICT COURT 1 414.13.Decision on appeal,IA ST§414.13 Iowa Code Annotated Title IX.Local Government[Chs.331-4201 Subtitle 4.Cities[Chs.362-420](Refs&Annos) Chapter 414.City Zoning(Refs&Annos) LC.A.§414.13 414.13.Decision on appeal Currentness In exercising the above-mentioned powers such board may,in conformity with the provisions of this chapter, reverse or affirm,wholly or partly,or may modify the order,requirement,decision,or determination appealed from and may make such order requirement,decision,or determination as ought to be made,and to that end shall have all the powers of the officer from whom the appeal is taken. Notes of Decisions(5) 1.C.A.§414.13,IA ST§414.13 Current with legislation from the 2016 Reg.Sess. or mmHg,' -6i Thow,on gc:Ite:,. No aunt lo oriiroi U S (iouriumni Vt'orkN. cr. ; — • t •• I `• ' • ;Sterling Codifiers,Inc. E-FILED 2016 OCT 05 10 37 AM JOHNSON - CLERK OF DISTRICT COURT B http://www.sterlingcodifiers.com/codebook/printnow.p ARTICLE A. BOARDS AND COMMISSIONS 14-7A-1: PLANNING AND ZONING COMMISSION: A. Commission Established; Membership; Compensation: The planning and zoning commission consists of seven (7) members who shall be appointed by the mayor, subject to the provisions of the code of Iowa, as amended, and the approval of the city council. AH members of the commission shall be qualified electors of the city of Iowa City. Commission members shall serve without compensation. B. Purpose: In order to provide for the general welfare of the citizens of Iowa City, a planning and zoning commission is established to advise the city council on all matters pertaining to the physical development of Iowa City, including the comprehensive plan and any laws pertaining to land development necessary to implement the comprehensive plan. C. Powers: The planning and zoning commission shall have the following powers, in addition to any other conferred by law: 1. Make such surveys, studies, maps, plans or plats of the whole or any portion of the city and of any land outside the city which, in the opinion of the commission, bears relation to the city's comprehensive plan. The commission shall submit such surveys, studies and plans to the city council along with its recommendations, and it may publish the same. 2. Make recommendations to the city council regarding planned developments and plats or replats of subdivisions in the city which show streets, alleys or other areas intended to be dedicated for public use. 3. Make recommendations for streets, parks, rights of way, boulevards, trafficways, or other public improvements or for the vacation thereof. 4. Carry on comprehensive studies of present conditions and future growth of the city in order to guide and achieve a coordinated and harmonious development of the city in accordance with the city's present and future needs to the end that the health, safety, order, convenience, prosperity and general welfare of the community may be best promoted. 5. Prepare a zoning ordinance regarding the height, number of stones and size of buildings and other structures, the percentage of ground that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location, design, and use of buildings, structures and land for commercial, industrial, residential or other purposes. To this end, the commission shall prepare a preliminary report regarding any I of 5 9/12/2016 10:57 AM •" E-FILED 2016 OCT 05 10:37 AM JOHNSON - CLERK OF DISTRICT COURT • .Sterling Codifiers,Inc. http:/www.sterlingcodifiers.corn-codcbook/printnow.pl proposed amendments to the zoning ordinance and hold public meetings thereon. After such meetings have been held, the commission shall also submit a final report and recommendations to the city council. The commission shall hold public meetings on and make recommendations to city council regarding repealing amendments to this title. 6. Conduct public hearings on and adopt a comprehensive plan and recommend to the city council, from time to time, as conditions require, amendments, supplements, changes or modifications to the comprehensive plan. 7. Do all things necessary or advisable in order to carry out the intent and purpose of this article and state law. D. Commission Bylaws: The commission shall adopt bylaws to establish the time and place of meetings, the procedure for selecting a chairperson and vice chairperson, who shall act as chairperson when the chairperson is absent or abstaining, and a secretary and such other bylaws as are necessary to implement the provisions of this article. Copies of all bylaws shall be kept on file in the department of planning and community development and in the office of the city clerk. (Ord. 05-4186, 12-15-2005) ES �' 14-7A-2: BOARD OF ADJUSTMENT: k-`? 9 —7-1 A. Board Established; Membership; Compensation: The board of adjustment shall consist of five (5) members appointed by the mayor with the consent of the city council for a term of five (5) years. Members shall be qualified electors of Iowa City. A majority of the members of the board shall be persons representing the public at large; a majority of the board shall not be involved in the business of purchasing or selling real estate. Board members shall serve without compensation. B. Purpose: The purpose of the board is to provide relief from the requirements of this title when a variance is warranted, provide extra scrutiny in cases where special exceptions allowed by this title are requested, and provide an avenue for appeal of administrative decisions regarding the enforcement and implementation of this title. The decisions of the board should serve the public interest, meet the intent of this title, and be consistent with the comprehensive plan of the city, as amended. C. Powers: The board shall have the following powers: 1. Appeals: To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the city manager or designee in the 2 of 5 9/12/2016 10:57 AM Sterlitig Codifiers,Inc. E-FILED 2016 OCT 05 10:37 AM JOHNSON -CLERK OF DISTRICT COURT bttp://www.sterlingcodifiers.cornicodebook/printnowp codebookrprintnow.p enforcement of this title or of any ordinance adopted pursuant thereto. 2. Special Exceptions: To hear and decide applications for special exceptions to the terms of this title in accordance with the general and specific approval criteria set forth in this title and specifically in chapter 4, article B, "Minor Modifications, Variances, Special Exceptions, And Provisional Uses", of this title. 3. Variances: To authorize upon appeal in specific cases such variances from the terms of this title as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this title will result in unnecessary hardship and so the spirit of this title shall be observed and substantial justice done. No variance to the strict application of any provision of this title shall be granted by the board unless the applicant demonstrates that all of the approval criteria for variances set forth in chapter 4, article B, "Minor Modifications, Variances, Special Exceptions, And Provisional Uses", of this title have been met. D. Procedural Rules: The board shall adopt rules to establish the time and place of meetings, the procedure for selecting a chairperson and vice chairperson, who shall act as chairperson when the chairperson is absent or abstaining, and such other procedural rules as are necessary to implement the provisions of this article. Copies of all rules shall be kept on file in the office of the board's secretary and in the office of the city clerk. The chairperson or, in the chairperson's absence, the acting chairperson may administer oaths or compel the attendance of witnesses. (Ord. 05-4186, 12-15-2005) c-, c7 14-7A-3: HISTORIC PRESERVATION COMMISSION: c7--( - r) C) JJ A. Commission Established; Membership: The historic preservation commission consists of at least seven (7) members who shall be appointed by the mayor for terms of three (3) years, subject to the provisions of the code of Iowa, as amended, and the approval of the city council. All members of the commission shall be qualified electors of the city of Iowa City. At least one resident of each designated historic district shall be appointed to the commission. Other members shall be chosen at large from any part of the city and shall have some expertise in history, urban planning, architecture, archaeology, law, sociology or other closely related field, or shall demonstrate interest in the area of historic preservation. At least four(4) of the members shall hold appointments at large. Should the number of officially designated historic districts exceed three (3) in number, a new member shall be added to the commission for each new district in excess of three (3) districts. The new member shall be appointed by the city council as soon as practicable after the official designation of the historic district triggering the operation of the preceding clause. 3of5 9/12/2016 10:57 AM Stettin Codifiers,Inc.E-FILED 2016 OCT 05 10:37 AM JOHNSON - CLERK OF DISTRICT COURT g http://www.sterlingcodifiers.com/codebook/printnow.r ARTICLE C. BOARD OF ADJUSTMENT APPROVAL PROCEDURES 14-8C-1: PROCEDURES GENERALLY: The board of adjustment shall conduct public hearings and make decisions in accordance with the following requirements: A. Public Meetings: All meetings shall be open to the public. rn B. Public Notice: Notice of the time and place of public hearings shall be published in a newspaper of general circulation not more than twenty(20) days nor less than seven (7) days prior to the hearing. It shall contain the street address or location of the property and a brief description of the nature of the appeal. C. Record Of Proceedings: The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the secretary of the board and shall be a public record. D, Written Decisions: The board shall render written decisions, including findings of fact and conclusions of law, which shall be filed with the city clerk and recorded in the office of the Johnson County recorder. A copy of said decision shall be provided to the applicant. E. Orders; Lapse Of Approval: Unless otherwise determined by the board, all orders of the board shall expire six (6) months from the date the written decision is filed with the city clerk unless the applicant shall have taken action within the six (6) month period to establish the use or construct the building permitted under the terms of the board's decision, such as obtaining a building permit and proceeding to completion in accordance with the terms of the permit. Upon written request and for good cause shown, the board may extend the expiration date of any order without further public hearing on the merits of the original appeal or application. F. Petition For Writ Of Certiorari: Any person or persons, jointly or severally, aggrieved by any I of 5 9/12/2016 10:54 AM • • E-FILED 2016 OCT 05 10.37 AM JOHNSON - CLERK OF DISTRICT COURT .Sterling Codifiers,Inc. hnp://www.sterlingcodifiers.com/codebookIprintnow.p decision of the board of adjustment under the provisions of this title or any taxpayer or any officer, department or board of the city may present to a court of record a petition for writ of certiorari, duly verified, within thirty (30)days of the filing of the decision in the office of the city cleric, setting forth that such board decision is illegal, in whole or in part, and specifying the grounds of the illegality. (Ord. 05-4186, 12-15-2005) 14-8C-2: SPECIAL EXCEPTIONS AND VARIANCES: =a c� t r m A. Application Filing: ' c 1. An application for a special exception or a variance must be filed with the city clerk on application forms provided by the city. 2. Supporting materials must be submitted as specified on the application form. 3. Monthly application deadlines for the board of adjustment are published in the department of planning and community development. The board of adjustment will review all complete applications received by the deadline at their regularly scheduled, monthly meeting. 4. The applicant bears the burden of proof and must support each of the approval criteria for the specific proposed exception or variance, as set forth in chapter 4, article B of this title, by a preponderance of the evidence. B. Optional Preapplication Conference: Prior to application for a special exception or a variance, the applicant is encouraged to meet with the staff from the department of planning and community development to discuss basic intentions before investing time in detailed plans. The purpose of the preapplication conference is to review the applicable city standards and requirements and to ensure that the applicant is familiar with the review and approval procedures for a special exception. C. Approval Procedures: 1. Once a complete application has been received, city staff shall review the application for compliance with the approval criteria applicable to the specific proposed exception or variance and issue a report and recommendation to the board of adjustment. 2. At a public hearing, the board shall review all applicable evidence presented regarding the proposed exception or variance. 3. The board of adjustment will approve, approve with conditions, or deny an application 2 of 5 9/12/2016 10:54 AM • E-FILED 2016 OCT 05 10:37 AM JOHNSON - CLERK OF DISTRICT COURT *Sterling Codifiers,Inc. http:i/www.sterlingcodifiers.comicodebook/printnow.p based on the facts presented in evidence. In order to approve a special exception or variance, the board must find that the specific proposed exception or variance meets the applicable approval criteria as set forth in chapter 4, article B of this title or as set forth elsewhere in this title. 4. In permitting a special exception or a variance, the board may impose appropriate conditions and safeguards, including, but not limited to, landscaping and screening, fencing, construction commencement and completion deadlines, lighting, operational controls, improved traffic circulation requirements, highway access restrictions, increased minimum setback requirements, parking requirements, limitations on the duration of a use or ownership or any other requirement which the board deems appropriate under the circumstances upon a finding that the conditions are necessary to fulfill the purpose and intent of this title. (Ord. 05-4186, 12-15-2005) 14-8C-3: APPEALS: r nil A. Initiation Of Appeal: 1. Where it is alleged there is error in any order, requirement, decision, or determination made by the city manager or designee in the enforcement of this title or of any ordinance adopted pursuant thereto, any person aggrieved by such order, requirement, decision, or determination may appeal same to the board of adjustment. 2. Where it is alleged there is an error in any order, requirement, decision, or determination made by the city manager or designee in the enforcement of this title or of any ordinance adopted pursuant thereto, any officer, department or board of the city aggrieved by such order, requirement, decision or determination may appeal same to the board of adjustment. B. Appeal Procedures: 1. The appellant must file a notice of appeal with the city clerk on forms provided by the city, specifying the grounds of the appeal. Such appeal must be submitted within a reasonable time from the date of the action appealed from as provided by the rules of the board. A duplicate copy of such notice shall be filed with the secretary of the board of adjustment. 2. The city manager or designee shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. 3. At a public hearing, the board shall review all applicable evidence presented regarding the subject appeal. 3 of 5 9/12/2016 10:54 AM o' • E-FILED 2016 OCT 05 10:37 AM JOHNSON - CLERK OF DISTRICT COURT , Sterling Codifiers,Inc. http:/.„ww.sterlingeodifiers.com%codebook;'printnow. 4. In exercising the above mentioned powers, the board of adjustment may, in conformity with the provisions of this title or ordinances adopted pursuant thereto, affirm, or upon finding error, reverse or modify, wholly or partly, the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end, shall have all the powers of the officer from whom the appeal is taken. C. Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, including, without limitation, the right of the permittee to proceed with development or other activities authorized under a building permit, the issuance of which is a subject of the appeal, unless the city manager or designee certifies to the board after the notice of appeal has been filed that, by reason of facts stated in the certificate, a stay would, in the city manager's or designee's opinion, cause imminent peril to life or property. In such case, proceedings or development shall not be stayed otherwise than by a restraining.order, which may be granted by the board of adjustment or by a court of record and on fiotice to the city manager or designee for due cause shown. (Ord. 05-4186, 12-15-2005) cp 14-8C-4: RELIGIOUS INSTITUTION APPEALS: A. Authority: The board of adjustment may consider a special exception to avoid or resolve any alleged violation of the freedom of religion based rights afforded to any person under federal or state law caused by the enforcement of any regulation or requirement of this title. B. Application And Submittal Requirements: 1. Any person or persons may submit an application to the board of adjustment for a special exception under the provisions of this section. 2. Such application must be submitted to the city clerk on application forms provided by the city for a special exception and must include the following additional information: a. A statement specifying the particular regulation or requirement of this title to which the requested exception relates; b. A description of the intended use of land or activity for which the exception is being sought; c. Documented evidence of how the specified regulation or requirement allegedly violates the person's freedom of religion based rights afforded under federal or state law; d. A description of how granting the exception would be in the public interest and not be 4of5 9/12/2016 10:54 AM .` Sterling Codifiers,Inc.E-FILED 2016 OCT 05 10:37 AM JOHNSON - CLERK OF DISTRICT COURT • http://www.sterlingcodifier~.coin/codebook/printnow, CD cx+ Chapter 1 INTENT AND APPLICABILITY , 18-1-1: PURPOSE: ^� It is the purpose of this title to establish a procedure which will enable the city to review certain proposed improvements of property within the city in order to ensure the orderly and harmonious development of property in a manner that will: A. Promote the most beneficial relation between present and proposed uses of land. B. Allow development of property commensurate with the present and foreseeable availability and capacity of city facilities and services. The following factors shall be considered in arriving at a conclusion concerning proposed development of property: 1. The projected population of the proposed development or the proposed intensity of use and the effect the proposal will have on the capacity of existing water and sanitary sewer lines to avoid overloading existing systems; 2. Zoning regulations at the time of the proposal; 3. The city's comprehensive plan, as amended, and other specific community plans; 4. The city's plans for future construction and provision for public facilities and services; and 5. The existing and planned city facilities and services for the area which will be affected by the proposed site use. C. Ensure compliance with this code, as amended, including applicable zoning regulations, approved subdivision plats, public works standards, and public safety standards. D. Encourage adequate provision of surface and subsurface storm water drainage in order to assure that future development and other properties in the city will not be adversely affected. E. Provide screening of parking, truck loading, solid waste disposal and outdoor storage areas I of 3 9/12/2016 10:53 AM '~Sterling Codifiers,Inc.E-FILED 2016 OCT 05 10:37 AM JOHNSON - CLERK OF (DISTRICT C1OURT. OF, p: a�'w.ster ngco fiers.com/codebook printnowy from adjacent properties. F. Provide for orderly, safe, and efficient circulation of traffic in the development and throughout the city. G. Minimize adverse environmental impacts on the developing property. (Ord. 05-4186, 12-15-2005) cin �a 18-1-2: APPLICABILITY: * A. Site Plan Review Required: r` 1. The standards in this title are in addition to those required by the building code, as amended, and apply to commercial, industrial, and multi-unit residential development. 2. Site plans must be submitted, reviewed, and approved by the city according to the provisions of this title prior to the issuance of a building permit for any development on any "lot", "tract" or "parcel of land" as those terms are defined in title 14, "Zoning Code", of this code, except as exempted in subsection B of this section. B. Exemptions: Site plan review is not required for the development of one single-family dwelling or one two-family dwelling or related accessory structures in any zoning district. However, such uses and structures are not exempt from other applicable provisions of this code, including requirements of the building code, as amended. C. Major Site Plans: Major site plans are required for all of the following types of development: 1. Construction of over twelve (12) units residential development and any additions or alterations to existing development containing over twelve (12) units residential; or 2. Over ten thousand (10,000) square feet of nonresidential floor area. D. Minor Site Plans: Minor site plans are required for all development that does not require a major site plan, except as exempted in subsection B, "Exemptions", of this section. 2 of 3 9/12/2016 10:53 AM ' • Sterling Codifiers,Inc E-FILED 2016 OCT 05 10:37 AM JOHNSON CLERK OFhD�IS,,TvR DISTRICT lCOURT odifiets.com/codebook/printnow. E. Sensitive Areas Development Plan: A sensitive areas development plan may be required for properties containing environmentally sensitive features as set forth in title 14, chapter 5, article I, "Sensitive Lands And Features", of this code. The requirements and exemptions for regulated sensitive features are set forth in title 14, chapter 5, article I, "Sensitive Lands And Features", of this code. Level I sensitive areas review shall be in accordance with the all procedures and approval processes set forth in chapter 2 of this title, except for section 18-2-2, "Submittal Requirements". Submittal requirements for level I sensitive areas review are set forth in title 14, chapter 5, article I of this code, based on the type of regulated feature(s)that exist on the subject property. (Ord. 05-4186, 12-15-2005) =1 r) 3 of 3: 9/12/2016 10:53 AM ' E-FILED 2016 OCT 05 10:37 AM JOHNSON -CLERK OF DISTRICT COURT LAREW LAW OFFICE LarewLawOffice.com Phone:319.337.7079 Fax:319.337.7082 • 504 E.Bloomington St. 210 Cedar St. 252 E.3rd Street Iowa City,Iowa 52245-2858 Muscatine,Iowa 52761 2504 Des Moines,Iowa 50309-4114 James C. Larew Claire M.Diallo James.Larew@LarewLawOffice.com Admitted only in NV and NJ VIA: Email mparmenter@lwclawyers.com 1d September 14,2016 '" t-- Mr. Mark Parmenter,Esq. Lederer, Weston, Craig, PLC 118 3rd Avenue SE, Suite 700 Cedar Rapids,IA 52401 Re: Prejudicial Errors in City's Memorandum to Board of Adjustment Appeal to Iowa City Board of Adjustment Appeal No. 16-0001 101 Lusk Ave, Iowa City Dear Mark: I write to you in follow-up to my earlier letter,dated September 9, 2016,regarding prejudicial statements made by City of Iowa City employee Sarah Walz, in a Memorandum published to the Board of Adjustment members, but also,to the press, with respect to the appeal of our clients in response to determinations made by Building Official Doug Boothroy related to property owned by F. Reed and Sandra Carlson,at 101 Lusk Avenue,in Iowa City. In response to our earlier-expressed concern, you issued a private letter to Board of Adjustment members. The City of Iowa City took no action to correct the mis-statements of law included in the public record that its own employee had created. In today's Iowa City Press Citizen,in a story alerting citizens to the Board of Adjustment's hearing later this afternoon,the reporter, Stephen Gruber-Miller,has quoted the most egregious mis-statements of law contained in Ms. Walz's Memorandum. The article, appearing at page 2, includes the following: The Board of Adjustment could find that the city's decision to issue a permit for the home was "capricious" or"arbitrary,"which would mean the decision was made without regard EXHIBIT LAREW LAW OFFICE Appeal No.16-0001-Iowa City Board of Adjustment 1�t i' I, el E-FILED 2016 OCT 05 10 37 AM JOHNSON - CLERK OF DISTRICT COURT to the law or underlying facts of the case, or if the decision was an abuse of the city's discretion,according to a memo from associate city planner Sarah Walz. "You may not reverse the decision merely because you disagree with it," Walz wrote in the memo. "Rather,if you find that the(Neighborhood Development Services)staff exercised its powers and followed the guidelines established by law, and that its decision was not patently arbitrary or capricious then you must uphold the decision." Now,in addition to the initial prejudicial problems created by this misinformation going to the Board of Adjustment,the press and the general public has also been badly misinformed. Those attending the proceeding, if they have read this article, will not correctly understand the law governing the Board of Adjustment's decision-making authority. Of concern, as well,those not affected by this proceeding,but,perhaps,objecting to decisions made by Iowa City Building Officials concerning other matters, may be discouraged by what could be viewed—in error-----as an ominously heavy burden of proof when appearing before the Board of Adjustment in the context of an appeal. This matter needs additional, forceful,public correction at the meeting tonight and I am hopeful that the Board of Adjustment will assist in making this correction possible. Sincere 4 My . , illip, es F. Larew Cc: Megan R. Dimitt, M. cawyers.com t o `gym Eleanor Mikes,Eleanor-Dilkes@iowa-city.org . -- �-.a t.,- Sue Dulek. Sue-Dulek@iowa-city.org Bob Hatala, rhatala:wsimmonsperrine.com ,,.:ic). ril Mark A. Roberts, Mr•oberts@simmonsperrine.com .."'ii =Brian Fagan, bfa an simmonsperrine.com Qtom )o-' N LAREW LAW OFFICE Appeal No.16-0001-Iowa City Board of Adjustment Page 2 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 16-02121 State IOWA VS. Court No EQCV077623 County JOHNSON DEFENDANT: PARTIES IN POSSESSION Ref No 7021-334 Received 06/23/2016 DEFENDANT: STATE OF IOWA AMENDED PETITION IN EQUITY;APPLICATION AND ORDER DEFENDANT: CITY OF IOWA CITY APPOINTMENT OF RECEIVER AND GUARDIAN AD LITEM; ORDER GRANTING MOTION TO CONTINUE AND DEFENDANT: SPOUSE OF KENT H GREGG RESETTING HEARING DEFENDANT: GOODSON, LUCILLE Requestor(s) Phone MARQUARDT, RACHEL (319) 351-1056 PO 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 .10 ocument r;. , ,°�r . !=T' _. APPLICATION ❑ ❑ MORTGAGE MEDIATION ❑ ❑ NOTICE MOTION ❑ ❑ ORDER 08/03/2016 0:00 ❑ ❑ ORIGINAL NOTICE AND ❑ ❑ PETITION Date —24 Time 4 14v Type Party / t tM 1 cui i t 1 Relationship CIi."-P) Race Sex DOB Location '110 E Wa�hm� rurl Miles Fee Officer 31 'Attempts Log Date Time Server Notes Date Time Server Note.6 N �.i n Notes: Printed:Thursday,June 23,2016 Johnson County Sheriffs Office Page 1 of 1 CIVIL PROCESS WORKSHEET x - 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 16-02121 State IOWA vs. Court No EQCV077623 County JOHNSON DEFENDANT: PARTIES IN POSSESSION Ref No 7021-334 Received 06/23/2016 DEFENDANT: STATE OF IOWA AMENDED PETITION IN EQUITY;APPLICATION AND ORDER DEFENDANT: CITY OF IOWA CITY APPOINTMENT OF RECEIVER AND GUARDIAN AD LITEM; ORDER GRANTING MOTION TO CONTINUE AND DEFENDANT: SPOUSE OF KENT H GREGG RESETTING HEARING DEFENDANT: GOODSON, LUCILLE Requestor(s) Phone MARQUARDT, RACHEL (319) 351-1056 PO 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 APPLICATION ❑ ❑ MORTGAGE MEDIATION ❑ ❑ NOTICE MOTION ❑ ❑ ORDER 08/03/2016 0:00 ❑ ❑ ORIGINAL NOTICE AND ❑ ❑ PETITION Service Information ' r jf ---__ J Date � —24 Time �//�1441) Type (1 rte// Party ,A1 a r a� Kant Relationship C IC- l t r k, Race Sex DOB 2 Location LtIo if WAsc1111a'{on Miles Fee Officer 21 J Attempts tog—_ -- -- — Date Time Server Notes Date Time Server Notes Notes: Printed:Thursday,June 23,2016 Johnson County Sheriffs Office Page 1 of 1 • A A IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, NO. EQCV077623 Plaintiff, vs. ESTATE OF KENT H. GREGG; SPOUSE OF KENT H. GREGG, IF ANY; CITY OF IOWA CITY; LUCILLE GOODSON;NATHAN GREGG; JOSEPH GREGG; STATE OF IOWA, IOWA DEPARTMENT OF HUMAN SERVICES; DUANE L. GREGG;CORINNE E. GREGG CREDITORS OF ESTATE OF KENT H. GREGG;THE UNKNOWN HEIRS, DEVISEES, LEGATEES OF ESTATE OF KENT H. GREGG; STATE OF IOWA, IOWA DEPARTMENT OF REVENUE; UNITED STATES OF AMERICA, INTERNAL REVENUE SERVICE; PARTIES IN POSSESSION; ALL C. KNOWN AND UNKNOWN CLAIMANTS AND ALL PERSONS KNOWN OR UNKNOWN CLAIMING ANY RIGHT,TITLE ='= OR INTEREST TO THE FOLLOWING DESCRIBED PROPERTY, .r•-• . AND ALL OF THE HEIRS, SPOUSES, ASSIGNS, GRANTEES, � LEGATEES, DEVISEES OF ALL OF THE ABOVE-NAMED _• - DEFENDANTS, TO WIT: LOT 7, BLOCK 12, ORIGINAL TOWN OF IOWA CITY, IOWA, ACCORDING TO THE PLAT - cn THEREOF RECORDED IN BOOK 1, PAGE 116, PLAT RECORDS OF JOHNSON COUNTY, 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 amended petition(and any documents filed with it)is attached to this notice. The names and address of the attorneys for the Plaintiff are Lynch Law Office, P.L.LC., by Lawrence L. Lynch 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. N c.r' I- 4 STATE OF IOWA JUDICIARY Case No. EQCV077623 County Johnson Case Title U OF I COMMUNITY CREDIT UNION V KENT HOLM 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 at htto://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:htto/fwww.iowacourts state.ia.us/Efile Scheduled Hearing: r-.2 c=no C r ..."71 j • N i ITJ r%) t sY C.11 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 06/09/2016 03:16:12 PM ' •fie ti ti3' r ravimist w+Y,44 yM1fYAxai Als.,.. District Clerk of Johnson County /s/Wanda Sedivec 4-t2, F ' At Axa 5 Ng 141 Mortgage Mediation Notice g fw�ss� IA nu You are receiving this notice because (1) your lender believes that KA your mortgage is seriously delinquent, or (2) a foreclosure petition was recently filed against you. The purpose of this notice =Is is to inform you that help is available through Iowa Mortgage Help, IIas a State of Iowa-sponsored program. , lc:. 7w. f.,„/ ablp „.., .... tpn, 1 cip !„.,..) dva I .,,,,,s, "- Iowa Mortgage Help is a group of organizations partnering with the IIowa Attorney General's Office and the Iowa Finance Authority to offer all Iowans access to free, confidential mortgage counseling with local ti iiiil organizations located right here in Iowa. Iowa Mortgage Help is here to assist you in working through your situation. tf. Please call 1-877-622-4866 as soon as possible. The earlier you call, /11 � the more options that are available to you. When you call, you will 7. be referred to a trained, professional counselor who will listen P, to your situation and offer free, confidential advice through each aha step of the process. In some cases, we are able to work with lenders IN and borrowers to restructure mortgage terms. While we are not able .44 to help everyone, we are able to help the majority of homeowners I , ginwho call Iowa Mortgage Help. , aia iR 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 IowaMortgageHelp com. il This free call could save your home. - = N 4. Z— Iowa Mortgage Help --E, r-,-1.; 1-877-622-4866 - www.lowaMortgageHelp.com Crt A. This notice is being provided as required by Iowa Code section 654.4B(2). • i E-FILED 2016 JUN 09 2:33 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY.. UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, NO. EQCV077623 Plaintiff, vs. ESTATE OF KENT H. GREGG; SPOUSE OF KENT H. GREGG, IF ANY; CITY OF IOWA CITY; LUCILLE GOODSON;NATHAN GREGG;JOSEPH GREGG; STATE OF IOWA, IOWA DEPARTMENT OF HUMAN SERVICES; DUANE L. GREGG; CORINNE E. GREGG CREDITORS OF ESTATE OF KENT H. GREGG;THE UNKNOWN HEIRS, DEVISEES, LEGATEES OF ESTATE OF KENT H. GREGG; STATE OF IOWA, IOWA DEPARTMENT OF REVENUE; UNITED STATES OF AMERICA, INTERNAL REVENUE SERVICE;PARTIES IN POSSESSION; ALL KNOWN AND UNKNOWN CLAIMANTS AND ALL PERSONS KNOWN OR UNKNOWN CLAIMING ANY RIGHT,TITLE OR INTEREST TO THE FOLLOWING DESCRIBED PROPERTY, AND ALL OF THE HEIRS, SPOUSES,ASSIGNS,GRANTEES, LEGATEES,DEVISEES OF ALL OF THE ABOVE-NAMED DEFENDANTS,TO WIT: LOT 7,BLOCK 12,ORIGINAL TOWN OF IOWA CITY, IOWA,ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 1, PAGE 116, PLAT RECORDS OP JOHNSON COUNTY, IOWA. Defendants. AMENDED 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- N, FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE r t i E-FILED 2016 JUN 09 2:33 PM JOHNSON -CLERK OF DISTRICT COURT 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 Law Office,P.L.L.C., by Lawrence L. Lynch and Rachel A.D. Marquardt, and for its Amended Petition in Equity,states as follows: 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. Kent H. Gregg resided at 724 Ronalds St, Iowa City, Iowa. 3. Kent H. Gregg died on February 25,2016. Plaintiff now substitutes the party Estate of O Kent G. Gregg for Kent H. Gregg,decedent, in this proceeding. 4. On or about April 27,2007, Defendant Kent H. Gregg, executed and delivered a Home r) Equity Line of Credit(hereinafter"First Note") to Plaintiff, a copy of which is attached hereto and incorporated herein,marked Exhibit"I". The Note secured up to One Hundred and , Seventeen Thousand Dollars($117,000.00). The initial interest rate of the Note is 4.620%. fa Note provides for payment of monthly installments of principal and interest,with full balance due on July 15, 2017. This note was extended and amended on July 30,2012, a copy of which is attached hereto and incorporated herein, marked Exhibit"2"(hereinafter"First Amended Note"). 5.To secure said Note, Defendant Kent H.Gregg on or about April 27, 2007 made,executed and delivered to Plaintiff a written Open End Second Mortgage (hereinafter "First Mortgage") creating lien on the real estate described therein, a copy of which is attached hereto and incorporated herein, marked Exhibit"3". The Mortgage covers the property located at 724 a i E-FILED 2016 JUN 09 2:33 PM JOHNSON-CLERK OF DISTRICT COURT 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 May 4,2007 in Book 4155, Page 417, in the records of the Recorder for Johnson County, Iowa. This mortgage was extended and amended on July 30, 2012 and a copy of which is attached hereto and incorporated herein, marked Exhibit"4" (hereinafter"First Amended Mortgage"). The Mortgage was duly filed for record on August 14, 2012 in Book 4961, Page 161 in the records of the Recorder for Johnson County, Iowa. 6. On or about July 30, 2012, Defendant Kent H. Gregg, executed and delivered a Home Equity Line of Credit(hereinafter"Second Note")to Plaintiff, a copy of which is attached hereto and incorporated herein, marked Exhibit"5". 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. 7. 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 "Second Mortgage") creating lien on the real estate described therein, a copy of which is attached hereto and incorporated herein, marked Exhibit"6". 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. 1 1 E-FILED 2016 JUN 09 2:33 PM JOHNSON-CLERK OF DISTRICT COURT 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. 8. Defendant Kent H. Gregg was the owner and holder of said real estate. 9. Payments on said Notes and Mortgages are now delinquent. 10. 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. I1. 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. 12. State of Iowa is added as a defendant herein because they may claim an interest in the property due to death taxes owed or through the Estate Recovery Program for Kent H. Gregg, but any interest of State of Iowa would be junior and inferior to that of the Plaintiff. 13. Defendant United States of America, Internal Revenue Service 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, but any interest of such defendant would be junior and inferior to that of Plaintif£ 14. All creditors of the Estate of Kent H. 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, but tiny interest of such defendants would be junior and inferior to that of Plaintiff. 15. 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. ICCISC086114, 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, / 1 E-FILED 2016 JUN 09 2:33 PM JOHNSON-CLERK OF DISTRICT COURT 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. 16. 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. Although Corrine Gregg was a party to the mortgage, she was dismissed from this proceeding on October 21, 2015 because she is deceased. 17. 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 11. Gregg would be junior and inferior to that of the Plaintiff 18. Nathan Gregg and Joseph Gregg are added as defendants herein because they are the heirs of Kent H. Gregg, but any interest of said Defendants would be junior and inferior to that of the Plaintiff. 19. All known and unknown claimants and all persons known or unknown claiming any right, title or interest to the following described property, and all of the heirs, spouses, assigns, grantees, legatees, devisees of all of the above-named defendants,to wit: 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. (hereinafter"Claimants") 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 said defendants would be junior and inferior to that of the Plaintiff. r• a I E—FILED 2016 JUN 09 2:33 PM JOHNSON —CLERK OF DISTRICT COURT 20.The unknown heirs, devisees, legatees of Estate of Kent H. 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, but any interest of any unknown heirs, devisees, legatees of Estate of Kent H. Gregg would be junior and inferior to that of the Plaintiff. 21. 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. 22. 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. Copies of the Notices are attached as Exhibits "7" and "8" and are incorporated by reference. 23. In accordance with the provisions of the Notes and Mortgages, upon default, Plaintiff gave a fourteen(14)day notices 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. Copies of the Demand are attached as Exhibit"9"and "10"and incorporated by reference. 24. The Mortgages provide 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"l0". Plaintiff requests such attorney fees in this matter. 15. The Mortgages provide 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 assessments, and E-FILED 2016 JUN 09 2:33 PM JOHNSON-CLERK OF DISTRICT COURT • add such amounts to the Mortgages debt. These amounts become a part of the Mortgages indebtedness and are secured by the Mortgages. 26. Plaintiff is the owner and holder of said Notes and Mortgages. 27. In accordance with the provisions of said Notes and Mortgages, Plaintiff has heretofore declared and hereby declares the entire indebtedness thereunder immediately due and payable. 28. Said Mortgages provide that if default shall be made in the payment of said Notes or any part of the interest therein, the Mortgages may be foreclosed upon; and Plaintiff, by the commencement of this action, does elect to foreclose on the Mortgages based on the nonpayment. 29. That the Defendants, nor any of them,arc 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. 30. Plaintiff waives its rights to a deficiency judgment in this matter. 31. After crediting the amounts paid on said Notes secured by said Mortgages there is now due and owing Plaintiff from Defendant Kent H. Gregg on the Notes: A. An unpaid principal balance on the Notes. as of May 11, 2016 of$96,715.92. B. interest as provided in the Notes on the unpaid principal balance to May 1 I,2016, in the amount of$2,491.56, which includes late charges of$360.00. C. Interest as provided in the Notes, on the unpaid principal balance as of May I I, 2016, to date of filing herein, which interest currently accrues at the blended rate of 4.638%per annum in the amount of$12.289 per day. Cr. D. Abstracting costs in (he amount of$100.0. F" I r' cn E-FILED 2016 JUN 09 2:33 PM JOHNSON-CLERK OF DISTRICT COURT WHEREFORE, Plaintiff prays for judgment in rem against the above described real estate and Kent H. Gregg for$99,307.48, on the Notes, together with interest on the $96,715.92 principal portion thereof at the blended rate of 4.638%per annum from May 11, 2016,to date of filing of this petition, plus interest at the blended rate of 4.638% per annum on said judgment from and 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 First Amended Mortgage be established as a first and 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 be forever barred and foreclosed. PLAINTIFF FURTHER PRAYS that said Second 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 be forever barred and foreclosed. PLAINTIFF FURTI IER 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. E-FILED 2016 JUN 09 2:33 PM JOHNSON -CLERK OF DISTRICT COURT 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. PLAINTIFF FURTI-lER 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 LAW OFFICE, P.L.L.C. By /s/Rachel A.D. Marquardt__ Rachel A.D. Marquardt# AT0011925 By/s/ Lawrence L, Lynch Lawrence L. Lynch#AT0004809 , E-FILED 2016 JUN 09 2:33 PM JOHNSON -CLERK OF DISTRICT COURT 2346 Mormon Trek Blvd Suite 2700/POB 1757 Iowa City, Iowa 52246 TELEPHONE# 319-351-1056 FAX: #319-338-6834 rachel@Igmlawyers.com ATTORNEYS FOR UNIVERSITY OF IOWA COMMUNITY CREDIT UNION STATE OF IOWA, COUNTY OF JOHNSON, SS: I, Wesley Felton, being first duly sworn on oath, depose, and state that I am a Vice President/Supervisor of Collections of the University of Iowa Community Credit Union, Plaintiff in the above-entitled action;that 1 have read the foregoing Petition, know the contents thereof, and the statements therein are true and correct•• l verily believe. ' 9,11. _ Wesle •elton Subscribed and sworn to before me this 5 day of C„@U......__ , 2016 ,2KIRSTIN M POSSEHL 4 f 0 ,� t Commission Number 769078 • ___ r __ *featp * MyCA,7 Sfgrrss Iowa Notary Public z3/1t( Il� E-FILED 2016 JUN 09 2:33 PM JOHNSON - CLERK OF DISTRICT COURT UNIVERSITY OF IOWA Dent Id GreggLCOMMUNITY 724 Ronalds Street V o F I Iowa City, IA 52245 COMMUNITY CREDIT UNION CREDIT UNION Borrower's Name and Address a a Way mans cacti lwcrowcr abovo,jointly and scvcrotly Welcome t Il a B e 14 e r W a y Account: 111111.1111111. Date: 04/27/2007 Line of Credit: $117,000.00 Initial Advance: N/A Minimum Advance: N/A Minimum Balance: N/A Minimum Payment: The finance charges that accrued on the outstanding balance during the preceding month,or$25,whichever is greater. Maturity date: 05/15/2012 Billing cycle: Ends the last day of every month Payment date: Fifteenth of every month,beginning on 06/15/2007 FIXED RATE HOME EQUITY LINE OF CREDIT GENERALLY: This is an agreement about your home equity line of credit. Many of the terms we use in this agreement have special meanings. The term"loan account balance"means the sum of the unpaid principal of loans made under this plan,plus unpaid hut earned finance charges,plus any credit insurance premiums that are due. "Transaction Account" • means an account you carry with us. The number of this account is listed at the top of the form on the line labeled"Account". "Line of Credit"means the maximum amount of principal we will ordinarily allow you to owe us under this plan at any time. In addition,we will use the following terms for this home equity plan: "Initial Advance" means the amount of money we will require you to accept as an advance to open the plan. "Minimum Advance" means the smallest amount of money we will advance you at your request. The"Minimum Balance" is the amount of principal of loans we will require you to maintain outstanding during the plan. If the principal balance outstanding falls below the minimum balance, you may have to pay a fee described below. If any term of this agreement violates any law or for some other reason is not enforceable,that term well not he part of this agreement. This agreement is subject to the laws of the state where we are located. TAX DEDUCTIBILITY: You should consult a tax advisor regarding the deductibility of interest and charges under this home equity plan. Cr, REQUESTING A LOAN: You request a loan under this plan whenever you: ■ write a check or a share draft for at least the minimum advance listed above using one of the special checks or share drafts you have for that purpose. EXHIBIT t:? 51 ri 9 1 E-FILED 2016 JUN 09 2:33 PM JOHNSON -CLERK OF DISTRICT COURT • request in person,by voucher or by phone that you be advanced directly an amount at least as large as the minimum advance listed above. HOW THE LOAN IS ADVANCED: When you request a loan, we will,subject to any limitations contained in this agreement, advance exactly the amount you request, so long as the requested amount equals or exceeds the minimum advance listed above. We will make the advance by depositing the amount in your transaction account, by advancing the money direct'y to you,or by paying a designated.third person or account, depending on how we agree to make the advance. We will record the amount as a loan in you loan account. If your request is for less than the minimum advance,we may, at our option, grant the request. However,granting the request does not mean we will be required to grant requests for less than the minimum advance in the future. We always have the option to deny any such request. However,we will not ordinarily grant any request for a loan which would cause the unpaid principal of your loan account balance to be greater than the Line of Credit listed above. We may, at our option, grant such a request without obligating ourselves to do so in the future. HOW FINANCE CHARGES ARE COMPUTED: Finance charges begin to accrue immediately when we make a loan to you. To figure the finance charge for a billing cycle,we apply a daily periodic rate of finance charge to the"principal balance" of your loan account each day. To figure the"principal balance"for each day,we first take your loan account balance at the beginning of the day and subtract any unpaid finance charges and credit insurance premiums (if any) that are due. Next, we subtract the portion of any payments or credits received that day which apply to the repayment of your loans. (A portion of each payment you make is applied to finance charged and credit insurance premiums, if any.) Then we add any new loans made that day. The final figure is the"principal balance." The daily periodic rate of FINANCE CHARGE is .020548% which is equal to an ANNUAL PERCENTAGE RATE of 7.50%. The annual percentage rate includes interest and not.other costs. HOW YOU REPAY YOUR LOANS: On or before each payment date, you agree to make a minimum payment to reduce your debt. The minimum payment amount will equal the finance charges that accrued on the outstanding balance during the preceding month, or $25, whichever is greater. FINAL PAYMENT: On the maturity date listed above,you must pay the amount of any remaining loan account balance outstanding. The minimum payment will not fully repay the principal that is outstanding on your line. At that time you may be required to pay the entire balance in a single balloon payment. (The amount of your credit line,the timing of your payments and your pattern of advances all affect whether you will have to make such a payment.) E-FILED 2016 JUN 09 2:33 PM JOHNSON -CLERK OF DISTRICT COURT If you have any loan account balance at that time,we are not obligated to refinance your account,but will consider your request to do so. If you refinance this account at maturity, you may have to pay some or all of the closing costs normally associated with a new loan even if you obtain financing from us. ADDITIONAL REPAYMENT TERMS: If your loan acc unt balance e on a account payment ate eis less than the minimum payment amount, youmust pay only If you fail to make a payment, we may,but are not required to,advance money to you to make the payment. All the terms of this agreement would apply to such a loan. You can pay off all or part of what you owe at any time. However,so long as you owe any amount you must continue to make your periodic minimum payment. The amounts you pay will first reduce the amount owed for credit insurance(if any), then will reduce the finance charges,and finally will reduce the amount of unpaid loans. `r AUTOMATIC WITHDRAWAL: If checked, you authorize us to automatically jj `` withdraw your payment from your transaction account on each payment date. If your transaction account does not have enough money in it to make the minimum payment,we may,but arc not required to, lend you money to make the payment. All the terms of this agreement will apply to such a loan. If your loan account balance is less than the minimum payment amount,we will withdraw only the amount necessary to reduce your loan account balance to zero. SECURITY: To secure the payment of what you owe, you agree that we have the right of set- off.This means that we can pay the amount you owe us out of money that we are required to pay you(such as money in share savings account or share draft account, including dividends and interest earned).However,we cannot set-off any money in your IRA or other tax-deferred retirement account. We also have no tight to set-off if you can obtain credit under this plan by using a debit or credit card. State law may further limit our right of set-off. We have secured your obligations under this plan by taking a security interest(by way of a separate security agreement,mortgage or other instrument dated 04/27107)in the following property, described by item or type: ***See Attached Legal Description*** Filing fees$0.00 You may buy property insurance from anyone you want who is acceptable to us. If you buy the insurance from or through us, your premium will be disclosed to you prior to purchase. N O • C r � E-FILED 2016 JUN 09 2:33 PM JOHNSON -CLERK OF DISTRICT COURT CREDIT INSURANCE: Credit life insurance and credit disability insurance are not required to obtain credit, We will provide no coverage unless you sign and agree to pay the additional cost. The rates listed below are applied to your average daily principal balance to determine the premium you owe for one billing cycle. TYPE RATE You do Lido not want ---~-- single credit life $0,72/mo/$1,000 You do ►_ o not want joint credit life $1.20/mo/$1,000 You do • o not want credit disability $2.00/tno/$1,000 You do do not want joint credit disability $3.20/mo/$1,000 x ,?-:..g...1x. Kent II Gr CHANGING THE TERMS OF THIS AGREEMENT: Generally,we may not change the terms of this agreement. However,we may change the terms in the following circumstances: • We may make changes that you have agreed to in writing. • We may make changes that unequivocally benefit you. • We may make changes to insignificant terms of this agreement. No change we make will be effective until we send you a written disclosure of the change at least sixty'days before the effective of the change. If we arc required to send notice of a change in terms,we will send the notice to your address listed above. (You should inform us of any change in address.) ADDITIONAL CHARGES: You agree to pay the following additional charges: • A fee of$0.00 per year in order to participate in this plan. We will add this amount to . your loan account balance on an annual basis. Appraisal $0.00 ; Documentation Pees $100.00; Credit Report Fees $0.00 ; LATE FEES: If your payment is more than 14 days past due,$15.00. ATTORNEY'S FEES: To the extent permitted by the United States Bankruptcy Code,you agree to pay the reasonable attorney's fees and other costs we incur to collect this debt or to realize upon any security as awarded by any court exercising jurisdiction under the Bankruptcy Code. NOTICE: Sec"Additional Terms" document accompanying this Home Equity Line of Credit for additional terms for information about your rights in the event of a billing error. a c- E-FILED 2016 JUN 09 2:33 PM JOHNSON - CLERK OF DISTRICT COURT SIGNATURES: By signing below, you agree to the terms on each page of this agreement and you promise to pay any amounts you owe under this agreement. You also state that you received a completed copy of the agreement on today's date. Signature: 4l f 2 '07 Kent HG Signature: By: 47.4 Ron Haines • �-• • Cry E-FILED 2016 JUN 09 2:33 PM JOHNSON - CLERK OF DISTRICT COURT 0.11111111 1111 University of Iowa Community Credit Union 825 Mormon Trek Blvd PO Box 2630 Iowa City,IA 52244-2630 Extension and Amendment of Fixed Rate Home Equity Line of Credit The University of Iowa Community Credit Union,a/Ida U of I Community Credit Union, 825 Mormon Trek Boulevard/PO Box 2630,Iowa City, IA 52244-2630,Lender,and Kent H Gregg,Borrower(s),whose address is: 724 Ronalds St, Iowa City, IA 52245,hereby agree as follows: The Fixed Rate Home Equity Line of Credit dated April 27,2007,with a Line of Credit amount of$117,000.00,FINANCE CHARGE of 0.020548%and ANNUAL PERCENTAGE RATE of 7,50%,and maturity date of May 15,2012,is extended and amended as follows,effective July 30, 2012: The Line of Credit amount shall be$117,000.00. The FINANCE CHARGE shall be 0.012658%and the ANNUAL PERCENTAGE RATE shall be 4.620%. The maturity date shall be July 15,2017. The amount of each monthly payment shall be 1.0%of the loan account balance on the last day • of the billing cycle or$25.00,whichever is greater. (Billing cycle ends on the last day of each month) The payment date shall be the 15th day of every month,beginning on August 15,2012. Modification fee: $25.00 On or before each payment date,Borrower(s)agrees to make a minimum payment to reduce Borrower(s)'s debt. The minimum payment amount will equal 1.0%of the loan account balance on the last day of the billing cycle or$25.00, whichever is greater. (Billing cycle ends on the last day of each month) On the maturity date listed above,Borrower(s)must pay the amount of any remaining loan account balance outstanding. At that time Borrower(s)will be required to pay the entire balance in a single balloon payment. Except as specifically extended and amended herein,the terms and obligations of the Fixed Rate Home Equity Line of Credit arc incorporated herein and shall remain in full force and effect. Borrower(s)agrees to execute an Extension and Amendment of Open End Mortgage,as well as . d.., any other documents reasonably requested by Lender in connection with this Extension and Amendment of Fixed Rate Home Equity Line of Credit. EXHIBIT `" E-FILED 2016 JUN 09 2:33 PM JOHNSON -CLERK OF DISTRICT COURT DISCLOSURE:THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. THE CREDIT UNION IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL,THEREFORE,BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER,WHICH MAY BE THE CREDIT UNION YOU HAVE THIS LOAN WITH,WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY,YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME CREDIT UNION. If any term in this Extension and Amendment of Fixed Rate Home Equity Linc of Credit or the mortgage securing this Extension and Amendment of Fixed Rate Home Equity Line of Credit violates any law or for some other reason is not enforceable,that term will not be part of this Extension and Amendment of Fixed Rate Home Equity Line of Credit. However,the other terms of this Extension and Amendment of Fixed Rate Home Equity Line of Credit will remain effective. This Extension and Amendment of Fixed Rate Home Equity Line of Credit is subject to Iowa law and any applicable Federal law. If enactment or expiration of applicable laws has the effect of rendering any provision of this Extension and Amendment of Fixed Rate Home Equity Line of Credit or the mortgage securing this Extension and Amendment of Fixed Rate Home Equity Line of Credit unenforceable according to its tclais, Lender, at its option,may require immediate payment in full of all sums loaned in connection with the Fixed Rate Home Equity Line of Credit. IMPORTANT:READ THE EXTENSION AND AMENDMENT OF FIXED RATE HOME EQUITY LINE OF CREDIT ("AGREEMENT")ACCOMPANYING THIS NOTICE BEFORE SIGNING. THE TERMS OF THE AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THE WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OF THE AGREEMENT ONLY BY ANO 1'HER WRITTEN AGREEMENT. ORAL OR IMPLIED CHANGES TO THE AGREEMENT ARE NOT ENFORCEABLE AND SHOULD NOT BE RELIED UPON. BORROWER(S)ACKNOWLEDGES THAT BORROWER(S)HAS READ,UNDERSTANDS AND AGREES TO THE TERMS OF THIS EXTENSION AND AMENDMENT OF FIXED RATE HOME EQUITY LINE OF CREDIT,AND ACKNOWLEDGES RECEIPT AND POSSESSION OF AN EXACT COPY OF THIS DOCUMENT. 7/30/1 BORROWER( t/_--- Date • ry • i;eff 35-C�,__k-FILED 2016 JUN 09 2:33 PM JOHNSON -CLERKliiiiiiiiiiii II Doe I0: 020040e0O003 Type: GEN Recorded: 05/04/2007 at 11:09:69 AM Fee Amt: 817.00 Pame 1 of 3 Johnson County Iowa Nim Painter County Recorder 84155 eo417-419 Prepared by/Retum to: Ti no Hintz Loaf Nuntmr. — S University of low___..sCommurMty Credit Union.500 Iowa Avenue P.O.Box 2240 Iowa City,Iowa 52244-2240,(319)339.19 10, __---- Address Tax Statement: Kent H Greg g 724 Ronalds Street , Iowa Clty. IA 52245 IOWA MORTGAGE OPEN END-SECOND MORTGAGE THIS INDENTURE made this 2 7 t h day of Apr' 7 ,2 0 0 1 , betwoonit a n t N G r e g e . a Single person M.ortgagor(s), whose address ls: 724 Rona:ds Street. Iona City. IA 52245 and the UNIVERSITY OF IOWA COMMUNITY CREDIT UNION,alWa U of I Community Credit Union,Mortgagee,having its principal place of business at 500 Iowa Avenue,Iowa City,Iowa,WITNESSETH: That the said Mortgagors)In consideration of One hundred Seven t e e n Thousand DOLLARS (S , 1 7 .0 0 Cl . 0 0 ) loaned by MortgageeAND MORTGAGE,vedby Mortgagor(s) and.evidenced by Iho promissory note(s) hereinafter referred to,do,by these presents SELL,CONVEY, the said Mortgagee the following described real ester situated in the County of Johnsen .State of Iowa.to-wit: 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 . which has the address of .1.2.4 R anal d s S t r e e t I o e I_.::_tS_ - 1 u+L9__._.. _..6 L Z-I S—._ Stroot City Stale Zip together with at personal property that may integrally belong to,or be,or hereafter become an integral part of said real estate,and whether attached or detached,and hereby granting,conveying,and mortgaging also all of the easements,servient estates appurtenant thereto, rents,issues,uses,profits,and right of possession of said real estate,and all crops raised thereon from now until the debt secured thereby shall be paid In full. As to any such personal property or fixtures,or both,a Security Interest hereby attaches thereto,as provided by the Uniform Commercial Code. This Mortgage is subject only to a prior mortgage from Kent N Gr e g g to City et lora City mood November I . 1903 recorded on November 29. 1988 ,inBook 1036 ,Page 467 ,ofthe Records ofthe Johnson County Recorder. Said Mortgagors)hereby covenant with Mortgagee,or successor in interest,that said Mortgagor(s)hold said real estate by title in fee simple:that they have good and lawful authority to sell,convey,and mortgage the same:that said premises are Free and Clear of all Liens and Encumbrances whatsoever except as may be above stated:and said Mortgagors)Covenant to Warrant and Defend the said premises against the lawful claims of all persons whomsoever,except as may be above slated. Each of the undersigned hereby relinquishes all rights of dower, homestead, and distributive share in and to the above-described premises,and waives any rights of exemption,as to any of said property. CONDITIONED,HOWEVER,that It Mortgagor(s)shall pay,or cause to be paid to U of I Community Credit Union,500 Iowa Avenue/P.O. Box 2240,Iowa Cily,Iowa 52244,its successors or assigns,at such place as designated by the promissory note(s),of even dale herewith. given by Mongagor(a)to U of l Community Credit Union,of Iowa City.Iowe,oral such place as the owner of such promissory noto(s)shall designate from time to tine,payment in legal tender of all debts and dues,public and private,at the time of payment payable,as provided In said promissory note(s),with final payment due thereon,on or before the F t f t east day of H a y , 2 0 1 2 .unless otherwise extended with Interest as provided therein, and shall perform the otherrovisions hereof and all other obligations secured as set forth in Paragraph 1 below,then this Mortgage will be void,and Mortgagee shalt release said real estate at the expense of the Mortgagor(s),otherwise to remain In full force and effect. All payments received by the Mortgagee shall first be applied to credit insurance(if any),then finance charges,and lastly,the amount of unpaid principal. 1. OPEN-END FEATURE:This mortgage shall secure the payment and performance of the mortgage nolo,and for any and all future and additional advances made to the Mortgagor(s)or any of thorn,by the Mortgagee in such amount or amounts so that the Iota(..oL un such future additional advances outstanding and paid at any one time shall not exceed O n e Hundred Seventeen T h o u s a r.d - D 0 L I.ARS 15 1 1 7 .000.0 0 ). This mortgage shall also secure all of the covenants, agreements and Indebtedness of Mortgegor(a)to Mortgagee,whether existing now or in the future,of all kinds,and whether such indebtedness is reduced and incrcat+ed thereafter, or entirety extinguished and reincurred tater. THIS PARAGRAPH SHALL NOT CONSTITUTE A COMMITMENT TO MAKE ADDITIONAL LOANS IN ANY AMOUNT. EXHIBIT i .2) t Book: 4155 Page: 417 Seq: 1 E-FILED 2016 JUN 09 2:33 PM JOHNSON -CLERK OF DISTRICT COURT Page 2 of 3 2. NOTICE:This mortgage secures credit in the amount of S I i I . 0 0 0 C 0 . Loan and advances up to this amount,together with interest,are senior to indebtedness to other creditors under subsequently recorded or filed mortgages and liens. 3. TAXES:Mortgagor(s)shall pay each installment of all taxes and special assessments of every kind,now or hereafter levied against said property,or any part thereof,before same become delinquent,without notice or demand;and shall procure and deliver to said Mortgagee,on or before the fifteenth day following duo date of each installment,duplicate receipts of the proper officers for the payment of all such taxes end assessments then due. 4. INSURANCE:Mortgagor(s)shall keep In force Insurance,premiums therefor to be prepaid without notice of demand,against loss by fire,tornado,and other hazards,casualties,and contingencies as Mortgagee may require on personal property,as herein referred to and on as buildings and improvements on said promises in companies to be apprcved by Mortgagee in an amount not less than the lull insurable value of such personal property and improvements,or not less than the unpaid balance heroin,whichever amount is smaller,with such insurance payable to Mortgagor(a) and Mortgagee,as their interests may appear. In the event of a loss. Mortgag rr(s) will give immediate notice by mail to the Mortgagee,who may make proof of loss to the insurance company,and the Insurance proceeds,at the option of the Mortgagee, shall be received by Mortgagee and applied towards payment of this mortgage. Mortgagor(s) shall promptly deposit such policies with proper riders with the Mortgagee. Also,if required,the Mortgagor(s)agree to secure and maintain the maximum amount of flood insurance required in compliance with the Flood Disaster Protection Act of 1973, and to furnish such policies to the Mortgagee with the Insurance payable to the Mortgagee. 5. REPAIRS TO PROPERTY:Mortgagors)shall keep the buildings and other Improvements on said premises in as good repair and conchtion,as same may now be,or are hereafter placed.ordinary wear and tear only excepted:and shag not suffer or commit waste on or to said security. 6. COMPLIANCE WiTH LAW:Mortgagor(s)shall comply with all present and future laws,regulations,end ordinances affecting the mortgaged property. 7. CONDEMNATION:Alt compensation awarded for any damages In connection with a condemnation proceeding tot any part of tho mortgaged property shall be paid directly to the Mortgagee and appked to the mortgage note. 8. JOINT AND SEVERAL LIABILITY:Mortgagors agree to be jointly and soverany liable for the indebtedness evidenced by the mortgage note and secured by this mortgage. The signing of this mortgage and the mortgage note by lho spouse of the owner is not only for the purpose of releasing dower or distributive share but also for the express purpose of creating personal liability of the spouse for the Indebtedness. 9. PRINCIPAL RESIDENCE:Mortgagor(s)agree that the paragraph of the Promissory Note(s)of even date herewith,given by the Mortgagor(s)to the University of Iowa Community Credit Union,regarding the use of property which is the subject of this Mortgage as a principal residence,is Incorporated into This Mortgage. A broach of tie said paragraph of said Note(s)constitutes a default of this Mortgage, that shall entitle the Mortgagee,its successors or assigns,to exercise the remedies as set forth In paragraph No. 14 of this Mortgage. Th Note and Mortgage may be amended by mutual consent of Mortgagor(s)and Mortgagee. 10. RESTRICTIONS ON TRANSFER:Mortgagor(s)agree that In the event they shall in any manner transfer the title to any ponia o1 the mortgaged promises,whether by deed,real estate contract,or otherwise,or in the event anyinterest in it is sold or transferred(or if beneficial interest in Mortgagor(s) is sold or transferred and Mortgagor is not a natural perso ,that the whole unpaid balance of the obligation secured hereby shall become Immediately clue and payable at the option of Mongagaos;and,Mortgagor(s)agree that they shall give Mortgagee no less Than ton(10)days'advance written noticerior to making any such transfer. It Mortgagee oxorcisoa the option to require immediate payment In lull,Mortgagee shall give Mortgagor(s)notice of acceleration. The notice shall provide a period of not loss than thirty(30)days from the date the notice is delivered or malted within which Mortgagor(s)must pay all sums secured by this Mortgage. I Mortgagor(s)tads to pay these sums prior to the expiration of this period,Mortgagee may invoke any remedies permitted by this mortgage without further notice or demand on Mortgagor(s). • 11. ENFORCEABILITY:If any term in this mortgage or the mortgage note secured hereby violates any law or for some reason is not enforceable,that term will not be a part of this mortgage. However,the other terms of this mortgage will remain effective. If enactment o expiration of applicable laws has the effect of rendering any provision of this mortgage or the mortgage note severed hereby unenforceable according to its terms,Mortgagee,at its option,may require immediate payment in full of all sums secured by this mortgage and may invoke any remedies permitted by this mortgage. It Mortgagee exercises the option to require immediate payment in full,Mortgagee shall give Mortgagor notice of acceleration,In the manner described in Paragraph 9. 12. NON-WAIVER:Any forbearance by Mortgagee in exorcising any right or remedy allowed for by the mortgage or mortgage note secured hereby shall not be a waiver of or preclude the exercise of any right or remedy. 13. ADVANCES OPTIONAL WITH MORTGAGEE:It is expressly understood and agreed that if the insurance above provided for is not promptly effected,or if the taxes or special assessments assessed against said properly shell become delinquent, Mortgagee (whether electing to declare the whole mortgage due and collectible or not),may(but need not)effect the insurance above provided for,and need not,but may and is hereby authorized to pay said taxes and special assessments(irregularities in the levy or assessment of said taxe being expressly waived), and all such payments with interest thereon at the highest legal rate applicable to a natural person (or, it the Mortgagor Is a corporation,then at the default rale provided In the note seucred hereby)from time of payment shall be a lien against said premises. • 14. ACCELERATION OF MATURITY AND RECEIVERSHIP:And itis agreed that it default shall be made in the payment of said note(s),or any part of the interest thereon,or any other advance or obligation which may be secured hereby or any agreed protective disbursement,such as taxes,special assessments,Insurance, and repairs,or if Mortgagor(s)shall suitor or commit waste on or to said security,or if there shall be a failure to comply with any and every condition of this mortgage,then at the option of the Mortgagee,said note and the whole of the Indebtedness secured by this mortgage,including all payments for taxes.assessments,or insurance premiums.shall become duo and shall become collectible by foreclosure or otherwise alter such default or failure, Mortgagee shall give notice to Mortgagor(s)prior to acceleration(except for acceleration under paragraphs Nos.9 or 10). The notice shall specify(a)default(b)!be action required to cure the default:(c)a dale,not less than thirty(30)days from the date the notice Is given to Mortgagor(s),by which the defau must be cured:and(d)that failure Io cure the default on or before the date specified in the notice may result in acceleration of the sums secured by the Mortgage,foreclosure by judicial proceeding and sate of the property. II the default is not cured by the date specified in the notice,Mortgagee,at its option,may require immediate payment In full of all sums secured by this mortgage without further demand and may collect the sums by foreclosing this mortgage by judicial proceeding or otherwise. Mortgagee shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph. Mortgagor consents to the appointment of a receiver for the propertyr at the option cif the Mortgagee. 15. ATTORNEY'S FEES:in case of any action,or in any proceedings In any court,to collect any sums payable or secured by this Mortgage,to protect the lion of title heroin of the Mortgagee,or in any other case permitted by law in which attorney fees may be collected from the Mortgagor(s),or charged upon the above-described property,Mortgagor(s)agree to pay reasonable attorney fees. 2 Book: 4155 Page: 417 Seq: 2 E-FILED 2016 JUN 09 2:33 PM JOHNSON - CLERK OF DISTRICT COURT Page 3 of 3 16. CONTINUATION OF ABSTRACT:In event of any default herein by Mortgagor(s),Mortgagee may,at the expense of Mortgagor(s),procure an abstract of title,or continuation thereof,for said premises,and charge and add to the mortgage debt the cost of such abstract or continuation with interest upon such expense at the highest legal rate applicable to a natural person:or if the Mortgagor is a corporation,than at the default rate provided in the note secured horeby. 17. SHORTENED REDEMPTION PERIOD:It is further agreed that in the event of judicial foreclosure of this Mortgage,the Mortgagor may,at Its sole discretion,elect to: A. Reduce the period of redemption alter judicial stile to six(6)months,If the property Is loss than ten(10)acres in size and Mortgagee waives In arty foreclosure proceeding any right to a deficiency judgment against Mortgagor(s),pursuant to Iowa Code Section 628.26, or 6. Reduce the period of redemption after judicial sale to sixty(60)days,if the property is less than ten(10)acres In size,Mortgagee waives In any foreclosre proceedings any right to a deficiency judgment against Mortgagor(s),and the court hinds that the property has been abandoned by Mortgagorts),pursuant to Iowa Code Section 628.27,or Section C.SReduce ection toh reduce line period of redempd of redemption after tion aftel r judte ticial the sale td period timeforth as may be then applicable or provided or by law.other or Code D. Foreclose without redemption alter judicial sale if the property is not used for an agricultural purpose,pursuant to Iowa Code Section 654.20. 18. HAZARDOUS SUBSTANCES:Mortgagor(s)shall not allow the presence,use.disposal,storage or release on or In the property of any substance which has boon defined by any federal,stale,or local taw or regulation as a toxic or hazardous substance,which includes, but is not limited to: gasoline, kerosene. flammable or toxic petroleum products, pesticides, herbicides, solvents, asbestos, formaldehyde.and radioactive materials. Mortgagor(s)shall promptly give Mortgagee wrinen notice of any investigation,action,or claim which involves the property and any toxic or hazardous substance or federal,state,or local law or regulation which relates to health,safely or environmental protection. Upon notice that remediation or removal of a toxic or hazardous substance is necessary.Mortgagor(s)shall which aretake all gene ally and reasonably ry �ecognized to bel action. The oapproprriaterto normal residential useuse or store on the and maintenance of the properly.uantities ol hazardous substances 19. NOTICES:Any notice to Mortgagors)provided for in this Mortgage may be given when delivered or mailed by first class mall. The notice shall be directed to the address of the Mortgagor(s)staled on the face of this mortgage,unless Mortgagors)has designated a different address by notice to Mortgagee. Any notice to Mortgagee shall be given by first class mail to University of Iowa Community Credit Union, 500 Iowa Avenue/P.O. Box 2240, Iowa City, Iowa 52244, unless Mortgagee has designated a different address by notice to Mortgagor(s). 20. DEFINITION OF TERMS:Unless otherwise expressly stated the word`Mortgagor(s)',as used herein,Includes successors in interest of such'Mortgagor(s)`;the'Mortgagee',as used herein,unless otherwise expressly stated,Includes the successors in interest o such 'Mortgagee. All worlds referring to'Mortgagor'or'Mortgagee'shall be construed to be of the appropriate gender and number, according tthe context. This construction shall include the acknowledgment hereof. 21. WAIVER:I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE AND BY SIGNING THIS CONTRACT I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION WITH THE RESPECT TO CLAIMS BASED UPON THIS CONTRACT. y/Z7 Iv 7 t II r Data Oslo 22. RIDERS TO THIS MORTGAGE:II one or more riders are executed by Mortgagors)and recorded together with this Mortgage the covenants and agreements of each such rider shall be Incorporated Into and shall amend and supplement the covenants and agreements of this Mortgage as if the riders)were a part of this Mortgage. 'Check applicable space(s)). — Variable Rate Rider__ Condominium Rider Other: -. — IN WITNESS WHEREOF,said Mortgagor(s)have hereunto set their hands the day and year first written. r-a O r•- c•c•-.in • Gregg dr. __. IQUITGAGOR-- C"r STATE OF IOWA ) ) ss: t COUNTY OF JOHNSON) On this Twenty Savant h day d April 2 0 0 7 ,before mo,the undersigned a Notary Public in and for the State of Iowa,personally appeared K e n t h Gr egg to me known to be the identical person named and who executed the foregoing instrument,and acknowledged that they executed the same as their voluntary act and dead. 46 rt .tr--#.,' ^"e, CcmmladonRONALD Number0.HATS essa ,,,--..r,-*-7 Ms Commission Expyss Notary Public In and for the State of lowwCommission Expires: 3 Book: 4155 Page: 417 Seq: 3 tF E-FILED 2016 JUN 09 2:33 PM JOHNSON - CLERK OF DISTRICT COURT Page 1 of 2 Doc ID: 022636520002 Type: GEN Kind: MORTGAGE EXTENSION Recorded: 08/14/2012 at 02:06:00 PH Fee Amt: $12.00 Page 1 of 2 Johnson County Iowa Kim Painter County Recorder 4961 pa161-162 Preparer Information: Peter Nkumu University of Iowa Community Credit Union,525 Mormon Trek Blvd,town City,IA 52244.2630 Ph: (319)339-1000 Return Address: University of Iowa Community Credit Union,825 Mormon Trek DlvdtPOB 2630,Iowa City,IA 52244-2630 Extension and Amendment of Open End Mortgage The University of Iowa Community Credit Union,a/k/a U of I Community Credit Union, 825 Mormon Trek Boulevard/PO Box 2630,Iowa City,IA 52244-2630,Lender,and Kent H Gregg,Mortgagor(s),whose address is:724 Ronalds Street,Iowa City,IA 52245,hcreby agree as follows: The Open End Mortgage executed by Mortgagor(s)on the 27th day of April,2007,with a Line of Credit amount of$117,000.00,and a final payment due thereon on or before the 15th day of May,2012,recorded on the 4th day of May,2007,in Book 4155,Page 417,of the Records of the Recorder for Johnson County,Iowa,upon the following described property,to-wit: 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. is hereby amended as follows: The final payment of the Fixed Rate Home Equity Line of Credit secured by the said Open End Mortgage shall be on or before the 15th day of July,2017. OPEN-END FEATURE:This mortgage shall secure the payment and performance of the Fixed Rate Home Equity Line of Credit,and any extensions and amendments thereto,and for any and all future and additional advances made to the Mortgagor(s)or any of them,by the Mortgagee in such amount or amounts so that the total of such future additional advances outstanding and unpaid at any one time shall not exceed$117,000.00. This mortgage shall also secure all of the covenants,agreements and indebtedness of Mortgagor(s)to Mortgagee,whether existing now or in the future,of all kinds,and whether such indebtedness is reduced and increased thereafter,or entirely extinguished and reincurred later.THIS PARAGRAPH SHALL NOT CONSTITUTE A COMMITMENT TO MAKE ADDITIONAL LOANS IN ANY AMOUNT. NOTICE:This mortgage secures credit in the amount of$117,000.00. Loan and advances up to c—a this amount,together with interest,arc senior to indebtedness to other creditors under -- subsequently recorded or filed mortgages and liens, am__ If any term in this Extension and Amendment of Open End Mortgage violates any law or for some other reason is not enforceable,that term will not be part of this Extension and Amendment of Open End Mortgage. However,the other terms of this Extension and Amendment of Open End Mortgage will remain effective. This Extension and Amendment of Open End Mortgage is subject to Iowa law and any applicable Federal law. If enactment or expiration of applicable laws has the effect of rendering " any provision of this Extension and Amendment of Open End Mortgage unenforceable according • to its terms,Lender,at its option,may require immediate payment in full of all sums loaned in connection with the Fixed Rate Home Equity Line of Credit. IMPORTANT:READ THE EXTENSION AND AMENDMENT OF OPEN END MORTGAGE("AGREEMENT")ACCOMPANYING THIS NOTICE BEFORE SIGNING. THE TERMS OF THE AGREEMENT SHOULD BE READ CAREFULLY EXHIBIT 1 (_�' Book: 4961 Page: 161 Seq: 1 1 ' E-FILED 2016 JUN 09 2:33 PM JOHNSON - CLERK OF DISTRICT COURT Page 2 of 2 BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THE WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OF THE AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. ORAL OR IMPLIED CHANGES TO THE AGREEMENT ARE NOT ENFORCEABLE AND SHOULD NOT BE RELIED UPON. BORROWER(S)ACKNOWLEDGES THAT BORROWER(S)HAS READ,UNDERSTANDS AND AGREES TO THE TERMS OF THIS EXTENSION AND AMENDMENT OF OPEN END MORTGAGE,AND ACKNOWLEDGES RECEIPT AND POSSESSION OF AN EXACT COPY OF THIS DOCUMENT. Date: • MORTGAGOR:#'. Gregg Date: MORTGAGOR: STATE OF IOWA,COUNTY OF Jp6/riJ5a7 ,ss: On this 30th day of July,2012,before me,a Notary Public,personally appeared Kent H Gregg,to me known to be the person(s)named in and who executed the foregoing instrument, and acknowledge that they executed the same as their voluntary act and deed. E IA 1r LARIErCruPEl, ^ Notary blic in and for Said State /. ; • • CT N (ft r.) Book: 4961 Page: 161 Seq:2 E-FILED 2016 JUN 09 2:33 PM JOHNSON -CLERK OF DISTRICT COURT E-FILED 2015 OCT 06 2:36 PM JOHNSON-CLERK OF DISTRICT COURT UNIVERSITY OF IOWA COMMUNITY CREDIT UNION FIXED RATE Creditor826 MORMON TREK BLVD. HOME EQUITY LINE OF CREDIT IowA etre.IA 62246 5 YEAR r �+•� This disclosure contains Important Information about our Homs Equity Line of Credit. You shook!read It carefully and keep a copy for your records. 1.AVAILABILITY OF TERMS.AU of the terms desodbed below aro sub;oct to change.If Nese terms change and you decide.ea a result,not to enter Into an*ornament with us,you are entitled to a refund of any fees that you have paid to us or anyone else In connection with your eppkcelon. 2.SECURITY INTEREST.We will take a sectalty Interest M your home.You could lose your home If you do not meet the obhoadona In your ogroemom with us, 3.POS681LE ACTIONS,Under certain etratmatenoea,we can: A. Termini.your Ana of credit and ra4ubo you to pay us the entire outstanding balance In one payment B. Refuse to make oddltormi eaten ions of credit;and C. Reduce your credit lime. We can terminate your line of credit and require you to pay us the entire outslanding balance In one payment tf A. You fall to make a payment within 10 days of being due;or 8. Your action or Inaction adversely affects the collateral or our dghts In the eellitarol. We can refuse to make additIonal extensions of credit or reduce your credit anal t: A The value of the dwelling securing the Una Of credit declines stgniloantly below Its appraised value for purposes of rho lino of credit; B. We reasonably believe you WE not be able to meal the repayment tenulremenis under the Poo a credit due to a material change In your 6nanmai circumstances, C. You ars to default o1 a material Wootton of the agreement; D. Government Won prevents us from Imposing the annual percentage rate provided for in the agreement,or impairs our security Interest such that the value of the interest is lass than 120 percent or the credit lima on the Sine of credit;or E. A tagutatory agency has nettled us that continued advances would conadlute 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 mulrnum monthly payment yell equal the greater Witter following: • 526.04,or • 1.000 percent or the loan account balance on the past day of the btiUng cycle.(BDllnl cyto ends an do taat day of each month) The minimum payment amount will be rounded to Ore nearest$,01. Whenever a Oat dotsr amount Is used to determine the minimum payment however,the num mrm payment will be rounded to the nearest.$.0 1.The minimum monthly payments may not be aufifctont to fully repay the pnndpet that la outstanding on your fine of credit at the end of 5 years. If they ete not.you will Nen be required to pay the entire balance to a ai gie payment. 5.MINIMUM PAYMENT EXAMPLE.If you made only aha minimum monthly payment and took no other credo advances,It would take 5 years to pay oft a credit advance or 5i0,000.00 at en ANNUAL PERCENTAGE RATE of 8.750%.Dunne thal period,you would make l0 payments varying between 8100.68 and 577.73.with a final payment of 57,738.20. 0.760%lean example of an ANNUAL PERCENTAGE RATE we have offered racanty. The annual percentage rate Includes only Interest and not other costs. e.PEES AND CHARGES,To open and maintain a Ilne at cvcdlt.you must pay the foitonhX1 tees to PE • Oocument son: p125.00 {due atcbsing). You must carry Insurance on the property that secures the tine of credit. T.REFUNOABILITY OF FEES.if you decide not to enter Into Oils plan wittan three days of receiving this disclosure and the deme Equity Booklet.yov ere endtled to a refund of say lee you may nave already paid. 8.TAX OEDUCTtBlLtTY.You should consult o tax advisor regarding uta doducubilily of Interest and charges for the line of creel. TrtU It not a coftmord to make a loan.You hereby acknowledge recstpt of Ks /3Ql�z. ru'N Home Equity Plan Disclosure and a copy of the Home Equity 8rechwe on Signature Data today`s dole. Signature Data O t eco,2903 Wotan tower Faf.npN u'arwew•Seekers syaI.e i^'fmn EXHIBIT EOSe (page l of t) E-FILED 2016 JUN 09 2:33 PM JOHNSON - CLERK OF DISTRICT COURT E-FILED 2015 OCT 06 2:36 PM JOHNSON-CLERK OF DISTRICT COURT Homo Equity Lino of Credit This It a con rumor credit tranaaclion. Lender Borrower Crodll UIrnel tows Corea tmAy Xent R Gregg Loan Number 4.1111111111.1111111 Agemmlant ow. 07/30/2012 utMonroe.TMGPM. 724 Roe:nldo Strout GWOLimit 0 15,000.00 iee•'tear.q 1224a Soma City, IA 52245 7.'0°w. 0IIIIMIll Maturity DIM 00/15/2017 Gauer s}ry • . Amount FOolue at Me rutnract 04 raoiiba r•setl day,debt .opo an s adwul uncee, id rel110Oremoomy4ois+,fIn eApoann4 dada toms lures the folioasleg meant The too-itr. nd buis,,toNor ...,niitji..urth.D,ily9yiva.mr unpaid i and Ledlvlduelty,cad e.s .her paws DOrroor k``tl walls 00;thO a<c (0 l Y illy Asmenunt.We,w,a0d oow reef loan ..or ry read to t5.bondY Y•rOWnL.oat lie perW.Oc rata uoadu ulrv4tiae die FINANCE CFIARGEis any' a w k tardy 14MN t acquire.N agreed H dr.lba.fCredit,(tr.asnr Wen to the alp llyu{�� f1124116 %u.d the wres,,wwdina ANNUAL PERCENTAGE Lute fir 'ia+ndanyPnt a¢aua ewall Q,odtBndona m4sb010100,NIL RATE 6 4 74 1L TI,.mewl you c•o?'with 0.The Tamed o° paeaa4ge no Meted.Mored Aecoant mam bee li Merl s1 do los boriir,t or tare A/reaamt.Adetwork and°a aka COOL letA/ow.f account roans do acraane Aad ttuu..baro WAt w from wtich you • mural Truro M nonan F eymmas may be cuwnutully oaf,dhdroM Th.numericn••t Withdrawal Aceobe(rttaabc 4 • Paym.M 0.0..Dunn th.�m of Wlc notate.,Foreseer mama chs mamma.,poyeeene anw.et required wade ea ha loosing•Mll.I. ch Moe t LY Mmielutn F•ayme,t MM..P.ywatt Unity 6.prymal duo date u p.eridei hedw on or Won ua Ira m Ano lou any roto" Foye In which tendo is e� nn yod periodic sutaew 00.emelt Linn mean r the ends onto.oe.1 et epottMlrf Manta oa you.aawt.dor Minim";aunt Aymenu will be dud q4.1441m Wil(os, 0you moxaw and oth4 Liao 02Cs d{ Many rant Not. monday.b,4ttnd.g 09/15/4012 You Clods limit is etatod.0 N.rap of tai■Autemml Use Cada of w Mlnrm on► mans Do..before M1.to swat th this FOwt,. ion gnually.including obligations and dudes+ri freer the inn., 4y Y Ir,you arm w mac a of.11 domn<pt preyadd of subnittod for this tensaclion mach as.pplicalk4 mf'.to I uhl loan Ms hfki,a..m r.yromt...anus. a.wiy apooeeolS.dig Meares.end Oa Ayrooto aC.Loon dreamt Bohner The Mbbwwe.Payment will.0•1 11.fotlov)ni: means the sun o(do unpaid se eelpol Manu advvle.d rode pt.terns of arts Apeentenl,finance charges,.on,Ltd other charm that to AS,nod orbs I.0%of the Lose Aweeuet Oils....do teat remota ad acoi a 1sty as Milled cycle 1)0011 S]SAO, V ywr matinee lila peones Untied* xturhovaisg74+ta.(BIIik;.704 moon the int daypfo.hraoeN) P. of Credal, .hu IncLm.of Condo. «��Y� Uaat cacao)iter obligations unser RoundMq.The lfidrnrm?typo..will he roondrd to Mc...at 501. Petymont At Matta/lay.On du Mauriiy 1]o.y00 mot pay d.Mb. (Attar imports*Irma us donned tho.(oa thin A fair.s. oemaidra Loam name Batuut Promsst to Pty.You vomiter to pay taros our order,et oar eddres,or r,ad, Pnnelpal Rsduetioa, oho leutloa as we may designate,so peel of d.poen Uma u rosy be Oraw Parted.Ref,. to pa.nrr:ral,til MUM..1'.rose rein advanced ender lids AF ecrnast p1u■nano.Ww=es,(sot cower,0.004 tad ( 1 Y O m.pnnu a deed3cd to Clls Uno of Credit" not reduce' r' oar;real oris repay therm:pal balance ova landing nom lament Term.This Agawam.broad on the Aures ego Lata on yore Loan Account Moore The Orme Period efa0 bghu oo Out Agreestau Dell ant is the Flail P.ym.ht.At ousoity,you no. soy the'roam!of toy rematn:og Loan 60 month p.1.4 dwbl;Ih,tem of N.Apxwsm Moreau El0.rwe otateemadleg.The hti.boxn,Payo ant.may not bo odlIo0Oet to tint you may maven when...* rutty repay t]egrirr.Epal 001 is os.riLaldtnt co your 6y N Ii..11ihC not,you will ha.e., to pay Ow norm wounding balance In it nook balloon payneo4 Al Tag OoductlbHliy,Yup aaaukl eprlu,lt t oz.1lrira r the deductibility A•r tone we ow,burr Yo sot 011/ to.rd'wuaoo(hit tins pfCh.M.JIM • bf in1onn4 and chor=es eeda duke 1015 t4'pile. retreating y do rofwarc etas.Uwe waCr<dit Y nobviry,yNt tadereo,o41104 you may tom (0 pay copra or all of0w eluci0■cora.uwwdy.0(00(054 with.Peet lose. Adie.rwo0 . . , Additional(Payment Tame.If raw Loan Accuent 0010.5oe■T.yeneoe A chide*Methods.You+.a LAI,is(n.them lbw Mldsoa.71-1/2162 amolmt$p0 000 ray only 1.e 4.410.1Y+equal bine..by lb.kI1oed.;Adhod5 t.eonry to memo your Lean ALoo.ai 081w.e.I sew or I.an twmva • You draw year TronsaabA Account babes 50.00(Trieyrrfrey trannor). l w©a Beldam rTr otherwise(00 to telly Cay the M Intmva Nyder. • Your requesta wiudr.sol in pvaon. Y• ruga✓af to adraaca money ro you to mate the • You request a wkhd,0w•1 by pirate kpay.ml All the tarn of dG Ap,you 0 wilt apply to swa ma sdrato(%tri • You goy logo Fl at Wotan,Beene;You e.a pry of mor part of road you owe roses=.witadnwal by mail. N W.qy dux I[you pry mon Gra M Mblmuu • You rgperas W*mu by cling our Noon Malang w otke od.u.to al.tke your pomrgc M'sbrw tryna.0 N L Ya'!awes MID A■rwrNwt rogmrnG M we will soca.1.04yure by edr.Aslag II..I...dbnUY my,.,d•PNiang II lila ahawin•tyeol or rogplred by appllude taw.payer WU end ether en yaw Trut.etioa Aceourd,or by ToYb.t•Oesigaaalot dead person or soco.mL creche will ea applied Ora to gay donee you owe other tam pprLrJpal tad We will rmood the unmet N u•d,a.<.tad(0cr<ut your Lam Acootnt (0.010 4huyte,ohm 10 dry Onenco cher gee that me due ad finally to plfneipa(. 0al.ncw No IYe<luso 040 be o..n..d on sty royal rot elm d...sly d•Inaptemy l. . Aovonea Limitations.We do no ler.to rate my.44t4.ra soy mr•m Inc Ma•va.aaad m cauls WYmn1u nod ax psymw h oehowho+A10 p<.I.d in width yew hoe..debt to cancel.Your abilitynevemao nevem and mooed paymsat adreKn In slaw subject Nth.(olio wins.ddlu,n•I In..i411oo,: 0 A$.1[0.14:10 Wlth draws I.You nolo Wi ea to awmreancsdy withdraw Advtnae AnnOund When yes soloed no•.00.n..od 5134 aubjoa to the n.ys d Duohnuta earned dun yo or Alteou710 W'Ithd0M 4 AMMO pa mil Ilmknks outlind is MN Apeman.ash ma caNay Nt worsen you r.)inr54104 ypo A..MSob oo r.yno Rsro.el eo..a tare:.501 request moo"6 it b Idly pay the in 00.x00 Toyaer.amount Oro may,but an tea repo/sotb, 1seaco roomy to p4 toerke tae pyram.Aller hung.(9,4 Ctedtt lint.Seel U000dm Ii•tear Ler coed/bons of thio A no0000Yoe mad A;KenrN510apply b such so rtr•occ Iryour 1p an nem.Balm.N loss borrow m MN Lineof Credit up re th.Coach U.1l.Ywsparun Co moat. then a.. to thym.ta 0,o..we.iL.ich'Luespay the wrwrd ob.ha w...rows Out w Ill Blurt ne tope).n,s d of your IA.Ascounl memory N roma ye..lou memo Ratan»m tuna • 0.1.00-0 to met od Sha peep L.inIL Yap ua0aebnd last wt Wil na vabwufy ;rani It request for is edrerco dal would mw the lanpod prix(prl Of yod tone 0(C,(y - " Account Orb.0 to be puler dun ibo Credit Utak bat dos we may,Y raw ' op Ion.Iran loch 0 fogoat withoal ohiiyti.g 5WlMor m doss Cd Oe y. •, We tem saved yes:obhgsticer da tilt Lbw of Credit by(atta2 0 aooto ty Year Clodif1191(5445 tet be.lnerouad if you aWMraw the eWatfGMh.It bnera(by toy ofe separate.pearly bubunml dated ayp� C=. you We Lha:,you epos mpeed,the Crean tptl the 0'//a0J12 )in Ila foUoSing Progeny: O_ pstaerpal s/yollt 1a.a Attatunl0alar.. ��rratte��..11.Yyy� maw If.,,l.. tr rbl6ld,yon ■tea kemwoltt.awdi(1ladlt(L ala Laps[Dettcrfptlon of Property es described In seed rn .01,0..end by So Pow nr%W1w1s,►hey am Oraew.d b01 tp0pdd tome or rapo,d44noo wdapasautio lbawawiry imaau.u„t:auttybfbypgn eOCuf(ty instrument _. r._ • Filldrla.,Charge: compotaoon of Finance Ohvdab.rbaa.ce charge.begin m LOONS e"} - N Imwredlauly wits.we mak.an...Nene.to you pina.e.U.ar50r mai.bo memo!N tallow. --- To noun e namhr may.day in rat.Cyo14 or maldpty 4o daily f a' th period r an by the Dail DaLuds of your . u g..Account Ra:eaa on that day.We trOptry■ 10105 sty other Loans Ltd y<u wdh have us ma ay also incurs dela —0Wen add op u(0..deny F.o d.0m. 0e0 to firm.taw Lutea Ammo drrgo tor Oat AO0er0rer. �` 0dtu.4 Cyr:k.To Owe the Ddly OYw 0,we rust take your Coal Plltny F..., SD fill �;� ro ,t Nom.Mayfly Llo.el 0rMn I007nI a S4a041401014AH0.1. ., f..f1 e Mt Me0.townsInwwtyr Nene..=•Nan Dreher'. Poen000410eum 1V1 MON MIMTOY/arCe1 4 Poe.1013 (!e' E-FILED 2016 JUN 09 2:33 PM JOHNSON -CLERK OF DISTRICT COURT F-FII.Ff) 7015 OCT(16 7.16 PM JOHNSON-CLERK OF DISTRICT COURT W1 lave secured youe els/400es ua4,.Olt pl.,,wish the lona.(,[peo ledSu ap.n.Ion of Credit and Reduction of Credit Unit W.,way egraarlou, impor,4y Inhibit y0d Born Weafning ddhion4 adua,au,or reduce you/ Pt.d0.A0r•am•nt.By Amine below,you playa$ age of Clydif posit dwisr so? c'ia4 b.wbtch syorms fplbw{ng we in.Race: Pratte bald to wows:Y NIA u stony • lb•ralw of las tromp,...Wog nit UP.of Credit demote JN 1ntuWy ear yam olfigsiortg nada lis open-teal credit t(,OCt�t Aorta we&luau SOV les '�W valet for Deepest.of Bit Use ofGedk fond.to you*cored log a 0....n,r,..131 cut be peroo.od to withdraw any 0 We,.Needy.elf...tW!you era nN 1.We Si scut Oa resaymoo pkdaed Mery Iron sola•...oaf silent to appeonlorour to..(Aer or requberemo under yon Uta ofQedll due a s Int teis chaser m your 01951k caemlttee,Renewed,you way withdrew.sy ane to tie rzo.I R+ease l!eleeuewnatt. Coal amend the atecunI.fyoo,eeadit timed We renew tate 'u obtain 6• • You us In defub oft material olilpdoa netts ibis Lion of Credit.You sp(ronl of any..-mem oho d,,esti.ce•dll.protest e,reicosine amdasteot.that..r consider ell al ourobtl gallocts so be es soy plotters!Owes of*lat.eias that no.wider rrruial tooled;Int aromot Ault d yew alto we to eat meeo8 baud or a1AtpfOagdon In comers-doe with this Line of Coedit;your obidpet.to wort the repro i tum of ibis Liar of NIA fraise;yew obikeajoo to sol dooasiy alTm,da Property*,corded,In lbs x_..__ Pmpenyy,,your obliption apay no nod domes,your wive.,ob1lprdgrat; gloomot•of Bonvwfiltenust Odom ._��•`— Towf oBULalJoq q NM me keelson.,Ifaatsmvt securing tide Apoaem4 end Bey odorob0,pro ooana 0a the Poverty;ydV obbptioo a notify UK read you old lg kos a pro vide Si with lmfenvtoa N/A •• On ►amOneonta:ea dos plt.Sies bon l*, ,b:g ta•ennui peeeentace rite x provided At L is Apoemeri. ol`nalle•M Uornre rine a.uel Owns — • Tbepdoeity or wcaccoily inch=to dvesely IAMCM In.townsmen, _ wet.to the mum tate,M eloi value of ma i• ty Iwoat k ins duo Ill new person Wan signs be mea spew dots row gin you■snotty Waal efYOw L4rdh tend. st In(obBw denied ylodged above Yue assume so personal seal obitgetioo to pay a We err ne Sad ca,00by anuk o• egeoey lou contLmd sina e,.martin.an ReneeN/A • nit n+ Re wn rpuau a sowevo,a.of troths pd•lko t . 6 ads to renuode you,credal pelvurtes Wsdte to original isms of tau you mot scud a.w Itis(suusUal bleu area.Your credit x =e wM eery be neonatal If we adondea lbrt W.ma,dos width u.rmd en to on:1 Al!ddldoaal aolaolone•dttet redoes W Credit Unit no tenete Date • atm,If e�.rWe l or odd repot r....Immured I.outdo.t?ls datamimaw. .e ray(W ubwd by epplkable law)charge you seek!emir endit privileges were respadd u nor request,they nend p0[be rti.Paeed tidal ad 013nnooer, fHhtuan,1, reism(rdawtr.,mL Propartyr inturetw5.Yon Pay bay 4durrwco liar.trlyoneyou Noflu Of Default and RIM 10 Cu,..ficagt wean olaawitopro,ldad by Protwho le reasonably Metol eY )n",filth it amoclmercredit ersuteelon a the Assonant it towed lya Y you boy the imbue.from or ourlIlru7yy oe ter,-Golly dwdSog that 1.yews toneufcad,we may sloe,. trough us,your premium WI be dledlosed to you prior to porches.. oto see r<•rice only/ryas fell to a.oe be your right to core a default widdo site drx leceldod by lew.M1ar a written wire ofyee,r ddaolt and rielai to nutfe cuffed or detected to yya,,:L,Benno,no not'soofddaub end ti .t tothey h Croda Inawranae.Toa larunnee Ilalod ttdowG soya o'+4ary�ted we oay o"b�Cube my�d afo'er randier if you • Cad.re Will not provide the lntsan(a(bled 04.1 dmto Weak credo f+w doiboted ea 0,awi dm*wild.a.e pto1La 141 dey,ase you biro ddltlaaI cost.If you went tete ir0000ee,w ill obrahlI for o{fy rbc baa even pecke of de,'Wlt scud field to nos wide rapeet b tent deLdl. Dar worm go.The loth VOW ,g f quality Rel urn MCnOlt Dayton You•Vptcaa to reuse aes,up. Pint mite to id m the we(or me baltdco on IN/ Herta,q l redo,W other steal ildv;od Ord b&Win.dAseld ttnicr aid 17th of mem,enol U determine eta f*tria+ru You awe for clot..bOtag ryak. Atye aenL Typo Slogs,Credit Ufa Ro Rate;.10ob oypa.s lee.Ann yon d06ud.Rare eller wo girt any.,lbs keen,rosui..i notie..w �. CSI melte.*a eurq we may a osooden do say of the showing: You do ysr..y do not want Sinole Ctedlt LIN. Types Jot.Credit LV. • Wed tmefedeLOp(jaunt ted woke alter any psi of the amount (`rbc[by the muse*JIM Ayemmod Wxdiudy a., Rate:1..20.14:00 we may tessedw.AY orpewataendy pro Wei my.dal iand sd...ow. You 1. ..1 do lLU do notw int Jab-litre/Mt Cr.dtt Life. • we try y am tonoonoiywnoH ;ho C :y Pd. ex Ur Typo:isnot.Credo Dl.ablllty • W.m,y dor-and additional scruffy ev ad:Heeal ensUo 10 beobtlepHela • RA, sial.Apacreml YouIC:Cl4o not want BlnOto Credit Dtaabkm • Wo may snake■,W1 barony end ell Wsoraee benefitses fenmds dui Y, coy be enllsa.os your default Typo!Joint Creeps Dis.Silllty • Wo soy rate amo,eu draacod on your bdalfln.04otdy Ow.,and we fF Rees y,y,ty51000 way add Eat.,count,to the logo AccoW eta tae I Toe U etc�do not want Jobs Cnda Oiseblhly. • Wemay we op and tel td0dior we h.rcWore(•pptwhle taw or any manned waning We Arneson. � 1 1 You ep..s pay lb.rararable eopenu.we.Wcsc arae.+Tryon any the wiry )C,_ Kedge Of)4.,./,‘ GP F'_i _ la ibe.salol yon dt6olL L'lafa u orSmobt mulled by I•w,by thaws,.moody off Is as&re up au. 07/30/12 DARE c0.e ,emrdy M ,r tit so b aa.:cerat dthbata l not .eUgorsOW ewt ro lata consider the eyaet•deL•It rod awe lay rawadia If the defuali Continua X or owes aped. 07/302_12 �_- _�� Couo(ebn tlmpyn....end Ato ttorvaeye.row,Oo a OW dearth,to the want Dano •,_DOB pect..of care Oloo,enittreendot or pl of(err gl yttou s�.- 6dwd r side eta of L1ee4.Expo..1.1.1t, 0.f.er fa•.•:;_.errf Gh.v;ra s a"se oat limbed to,cool caro ad*thee legal=pours.To 6e olat puodnd by tier lkiad Stela Bgg1¢tp oy Odds.you apo.b pay the reaeanslb artoroYou NYe lol thbwing aW Clonal ten end chatter: hdsdk l ni bop waoda. collect Cas arerdd by pp cool acrl.(ne Ploy title f'. Yfreta to C=: • Oowrnentallon Fru.T 125,00 SWAIL We arty tu.offsry smut due recd payable undo-the torten of Olt •.-- Apsam.t*pion your richt to tredve wonty boo 05unto PohliOod by p,. npptferhia taw, C Commie Wong.Yoe underslen.and•poo slot we(or no erratical 0170 our Amy,I:owner,make the foiy,llowing lowthe ing u W a npaamcur tenon be ehaogod.we ` - ruler...done a fon a any iaaennc•produuu and may tam cosh fm m NNW y'mower.,¢ante as(((*1.11 0 elssgaa: .mice.that you bey dome(to or ore afflltetc a w•cod made chL•ge OW youyyma In"Sting et the Ilea*of Ow dunce. • Wa may nate domes eta will ueapo;rouoy tma111 you (, Default You will ha In defaoLl If any ef6o feli*veag occur, . Wa may make teal ao ft•,aa aunts. • You Co to make a p yn..i*11111510 days atbetet dun Ifs.u•mond It•edml1m of a cheep la tams we will scut dl.notice to - - • Your 11416.or iareia:adversely Wrenn Co.Flowery or our Attu In the your.ilio 1 . 41.re,1..c (, (Yoe ss,eld lite.es of sty awns In addrca) . Property. Termination.You may Wmiut.mla.Line WCoadii el toy time upea wait,.. • You•tu on wwcvlht balt.a of u0 or oeria.0 W e end yo.bpba M ndebtol nonce a w Teendouleo by one Borrower Lentebuloa Ow tine of Credit fbr a0 . to w Or.natio latch In a..*[r040la 0000.05 e,ok•rete(the.morin Renown..Terab.do.wit/not 5110,1 ob0 a pamldad 0544 Wm:laws and rsgaIObns. Y� r+dao as..04vsnaa Dude prior a the ta,m5adoo.nor*Ill it altos yam u0Rm p.dorm Wen W.tem,of IN) - en wwrvea reavamv ine thIa Asreat usedA k a s inoremmh Is eese.Upon a germines,you will roan ea umu thy remota Leg ease devices aa s your youths Son •• the wow(roe or wed to aeaaetba oda the Lias of Liths. f,. CII (yah _ Hume Equity Lino aI Credit 100155.5 14 0415410 010201 W a 2001196464hbtl eea ll..e. lana..—OR*.trance^ Neu 006.12,32/CS U1tYJmr cV,f0Y _ Pegs 7er3 I E—FILED 2016 JUN 09 2:33 PM JOHNSON — CLERK OF DISTRICT COURT E-FILED 2015 OCT 06 2:36 PM JOHNSON-CLERK OF DISTRICT COURT Waivers and Chiean4 Tu tho extent 661 ptobb'Oped by taw sod except foray Notify Us In Can ofEwan w(tuna Con s About Your D#( matord milesorfighl to carp for Om With"granas thiquIroi permit>au waive protwL proemtment foe wyntel.feta.Make OfiuealaaUsn,nodce of If rat OM*yaubdl is savoy orffy)o1 oral rt.srinfbrnulrten abouts rr%att to aroObnie and natio*cfdidmlM.To the sales t6tproh4dted by law, rsouaio.oo ye Lily ovate sn N the sddrw lined on rate NI1.W010 to.0 n, WV and sty miser parry to this C .alis mamas W the fotiovlK Lill as.velar est ser Awn You m Ixa thin 66 days ltp we tear rite tlom that ma may take,004 waive �d rt be 6w11able based on 6a first Lill on width tba.asar or prowl**•PpamL YOU CM ielrphoae q.but Owe wttoM or bawd on th0 UAW oft platyW this cif Croat: xblogmwlll not preswayaar.igl ia. • We may rioter.or Wend Omani.on this Apsemmt.myrrhota DN. sn yew lana,give us die fotlesr4sg brosww:on� 31017•13.1 or.tech m..wat..r aatenclons • Your wee ase nooses amber. • Ws may Mew any Iorrow.or other perm*who may be liable for the • 'Ihe hods amount oldie sepentai encs. .deblot,e at under this Agreement. • thumb*dm erne wbelie.Mesa lad explain.ifyor ata,why you beliees*la ser ars. • We mar tdao+,subatkuts or Impair coy properly seteiag 1(4.Apearoat tire sealmealefosaubc,daertbe to hem you ahs not sure about . We may tetroti our light oasdwif If you haw aucher ed us to pay your UU anmm.dmily from yam amino, • W.euy ion boo any gen..r� nu�ad.!'AM...,to a y prnwr .hmNng,share danftoretber meow%you eta atop do payment or, al gay smooth In ray sngwwaive-maw top yon waivikvra of ouch rete or nprrhema. you Wok is%Hung To stay meyymod goo kite smut reach to Uva busload • You agnea out any Oorsemae kr..Oaelsed to rood{y dee tomo of Otis days tett.4.a awomsdc payment is scheduled to area. Ammons.many other Lbw otQedh dooumott • Weene1 Lateran arty parry vita issues.W4 LM of Credit of ant low YourRlohty end Our Respoaslhldrtes ACef We atcoon.odstione.ern mats,mentions_trmiknaa=kay.aubstliudo.s,or tuba,edvaeors. R.oaly.Vont(Malan Noting • Nn delay or fortinom.o on ma Nn in vitemis)nj any of one tights or We.ont acknowledge yam Imo within>o days.•rates ova bivemouectsd the nmestles w11/be construed us waiver by tn.unit:m.0h waiver is In w»Gns app bythea.Whh{n40days,wa semi•hbee Nam;the error or(setae why itt ed by as we belle.rho t>,Tb wa comet. Pedoddo Statements.It you here as e.uuadln[Whams os year wows or After wemaw yew kites we argot by towithal say.rmow osygo talon.or haus say woad we wilt wind you ajwiodio W awracat at lbo. of repos!you as dre%gonv.We can oo6Uosele 14)you forth»wrests you orb 0111in;Cy<I*Thie Periodic stascritat wall tact;Ewa[oQsa Winos,ere& outetios,lealuafay fleas.chugs,and weesa arapaldaonlnt against odvaareo. resew Wryer,mhos charges,payment mad;other ensdhs.your m Crede Limit.You 60 cot Se.to yav 11 noon.but �� awaol l th r0 aro prosiest wawa/Wiese.awl your sew thrown Laden..The pertodio W lo.mi la you sem sail ohtipRd w pay pats aryls/hill ihes erra nil Will also identify yew Minimum Yoysmrntir the eyeleand dm Parana OW. bgieszian Joint and(ne(vlduel Liability and llueeomart Yowobllpbon to pay ihts I(Its dad0u tae otadee.404.aoyaurbll,ywwdll phi han.pay wy Line of Cradle is iodep<Wait ofWe otdl0Oiaa*Cony oath ptraonwho tau also Comm amterelated to any goadoaed avant I/rodeal mutts mkt**, avast to pay it.We may sus you dm..orsaq'SW wise 40%Holed as tut you mgr two to pay th,aoce cholas,and you will hwsmwke op soy issued Lint of Credit.w any number of you coydstr.100* wtaa Ads Ilk mal."radh. poymmb os Un gwy7iaad amount In either eau..e will sad you s statmuus Eaoteotlso this lino of CeIdh ornew*Mipdmsboar Osis Lees ofQ-edO,all oath*.souse you ore and rho dole the1 n a dos noi.Rea YYour May vada this Line of Credit sod goo NUI still be obligated to pay MIS linoo(Cledit Thu dodos sod bssAU of We Line ofCrodk will bled C00 it pKfdos°nese nkat we6inkyar.".• "P'"youm oral bole d the tuopRsonu and assigns atysv asd ss. itconsrmt However.if our eapl..tion doe cot safnfy km,rai you write to w wishle tat days teitteg a shat you will senna to pay,we most tell anyone we Intogrotttrn and ll.verabtllty.Thi.Aastcmrnt litho compine.M hal report yauto semi you imeo a goactloa Omit your InS.Awl went=IoU yosma teams oft..poaset If eery peov6{on of Mt.Amen.*Ir nemearcesbio. mane ofmy..wemooned yes to,We moa MA sero..no nopon you.th* out theorntaforeoablo peentsioo will bo savored.odthc ecmafnina pmvWoa lbs smear hvt boassi:aka'Witte,w w.xa It Why k. waif xiA be to formable. oss deal fesinw(bat o4e,we rant*open Cm tint SSO of the 4outkno3 into rpr.tartlon.Whams.osa.S.d.o sawyer hutmdw the pitta).ed lbs pima, aemr01.two Wyatt' wa canal ilwat. abs employ The mellow tailings am for enovenicaw only and me at I,too,asad$o b.iarpoOordOb.o di.1.060.0(011.Apatooti. Notice.Ftnanolai R.paata and Add lIlonal Paovmanta.UaNasoiuwbo •egoka •4 by taw. y nodose/Ed be elven by delrais.a It or meanIt Igtetet You radmwad Use farm fsUv.a s•al]oo)y apply If chested.Hy signing. <ins men b tMw pall>h addat.s above,.tat any Witt widow ran egret to the tars of this Armro oa•.Yoe alsoack acknowledge bot of envy designated in N one Rorvnwr wall M drtmd to be'Mee*oN of this Aywmav on inters(Wt 'Soeenwal.Yr* 1. n,win Warner any charye bs yaws nam*Winn sr other ap91 onion inIetsaUoa.Yea sal)outdo'nasty ldr.ncial Ageism ser or 7 forotmuion wtlagttay All inseam atslOSiot$ivta intattoadon you giro m X �o I� w41b.eo.0Ct and morepIw.You wroaalga,deliver,sod fltoy sddielow N Kent Or� &.00,m..nta or suit teal ogres rot may amnia..n.00 try topwfeet,000110.., a.d pra true your obtigelforu wafer Ws d3<of Credit and a matron our Hos mums oe arty P.vpary.lb.e le of Oso used a. X Credit Inlo(roatIan.You epee to apply to vetch Malaya lananwtiw we reaoaablyr fad w need to deolde whahsrts 00ethane this tine of Qdb.We wrl mess mteiqnts fat aids hfe.metloa without endue demi racy,and will give you rmsoteb7a tiros in width.supply taw lfmasUoa. X Appll cable Law.Tide Agreement Is goemved by the(awe Of Ion,the U.ltod Stave of Amadeu,sod to Ow ostoo most nd,by she I.wa of%M jtvudietlon whoa the Properly le boded. (Options') YOUR tdtLLINO RIGHTS X_ For London KEEP THIS NOTICE FOR FUTURE USE Tilio Th.eolks wages antedate lofamstost oboes your-sights sad our respattalbl lda undrrt t.Pelt CTedit Ninths AN. • i- Ii ^a • • Lrl time gaiety lbw al Csedll 1apRF1614 0e1041d CGH011a etoasw.n•r.e*r Amw.reww.-.Ike...M Mire*• 1,101•6.ttGpWa tv*Yemr CUSTOM Papel Pi E-FILED 2016 JUN 09 2:33 PM JOHNSON -CLERK OF DISTRICT COURT E-FILED 2015 OCT 06 2:36 PM JOHNSON-CLERK OF DISTRICT��ppppgqCOURTpp( f( Igg��ggryry��n[� @@��II 11110 p1i�18Ai9�(�1 Jli'U��Bfll111111116 Doo l0: 022838510005 Type: GEN Kind: MORIOADE Recorded: CA/14/2012 at 02:06:49 PM foo Apt; $27.00 Pepe I of 6 Johnson County Iowa Kam Painter County Recorder .,4961 ,0156-160 _.`5"11 saes.mows -_-..... Space Above This Line For Recording Nn¢Dau _ Prepared By: Pet or Nitu:nu 500 Iowa Ave / PO Box 2240 Iowa City, SA 52244-2240 319-339-1000 Return To: Oniversity of Town Community Credit Onion 825 Mormon Trek Blvd. PO Box 2630 Iowa City, IA 52246 319-341-.2125 OPEN-END MORTGAGE (with Plaine Advance Clause) 1. DATE AND PARTIES.The date of this Mortgage(Security Instrument)is;uly_30,1-20:1..2.... and the parties and their addresxe arc es follows: MORTGAGOR: Kent R Gregg 724 Ronalda Street Iowa City, IA 52245 0 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 825 Mormon Trek Blvd. PO Box 2630 Iowa City. IA 52246 319-341-2125 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below)and Mortgagor's performance under this Security Instrument,Mortgagor grants,bargains,warrants,conveys and mortgages to Lender the fallowing described property: (If the legal description of the property Is not on page one of this Security Instrument.it is located on _) Lot Seven 17) in Block Twelve (12), in Iowa City, Iowa, according to the plat thereof recorded in Plat Book 1, Page 16, Pint Records of Johnson County, Iowa. f.--O The property is Located in c, Johnson at 724 Renalds- f� (Coua:y) --- �.- t__ Street _. Iowa City (Mdraar) _. . (City) lows 52245 ant Code) Together with all rights, easements,appurtenances, royalties, mineral sights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures,and replarmmrc than may now,or at any time in tate future,be part of the real estate described above(all referred to as'Property-). • IOWA -HOME EQUITY LINE OR CREDIT MORTGAGE (NOT FOR FNMA, FHLMC, FHA OR - VA USE) C_11 4 1994 Wolters Kluwer Financial Services-Bankers Systems'Form OCP-REMTG-IA 10/24/2005 W VMPr•C465IIA)(0611) ra>rpe r ar 81 EXHIBIT E-FILED 2016 JUN 09 2:33 PM JOHNSON -CLERK OF DISTRICT COURT E-FILED 2015 OCT 06 2:36 PM JOHNSON-CLERK OF DISTRICT COURT NOTICE:TAB MORTGAGE SECURES CREDIT IN THE AMOUNT OF S--_.154999.00 .LOANS AND ADVANCES TIP TO THIS AMOUNT,TOGETHER WITH INTEREST, ARE SENIOR TO INDEBTEDNESS TO Ol'iiisR CREDITORS UND)lt SUBSEQUENTLY RECORDED OR FLED MORTGAGES AND LIENS. 3. MAXIMUM OBLIGATION LIMIT.The total principal amount secured by this Security Instn,nwtt at any one dine 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 tam'Secured Debt^is defined as follows: A.Debt incurred under the term, of all promissory note(s), contract(s), guaranty(ins) or other evidence of debt described below and all their extensions, renewals. modifications or substitutions. (You must specsf�cal Weak y the debr(s)secured and you should include the final maturity dare of such debtCr).) The promissory note Binned and dated 07/30/2012, with a maturity date of 08/15/2017. B. All Acture advances from Leader 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 nor this Security Instrument is specifically referenced or such AMU/3 advances or Metre obligations are incurred for any purpose that was related or unrelated to the purpose of the Security Instrument.If more than one person signs this Security Instrument, each Mortgagor agrees that this Security instrument will secure all Allure 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 cetera 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 suns advanced and expenses incurred by Lender for insuring,preservingor otherwise protecting the Property and its value and any other sums advanced and expnses incurred by Lender under the terms of this Security instrument. In the event that Lender fails to provide any required notice of the right of rescission,Lender waives any subsequent security interest in the Mortgagor's principal dwelling that is created by this Security tnartrmeer. 5. MORTGAGE COVENANTS. Mortgagor agrees that the covenants in this section aro material obligations under the Secured Debt and this Security instrument. If Mortgagor breaches any covenant in this section,Lender may refuse to make additional extensions of credit and reduce the credit limit. By not exercising either remedy on Mortgagor's breach,Lender does not waive Lender's right to later consider the event a breach if it happens again. Payments.Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. Prior Security Interests. With regard to any other mortgage,deed of trust,security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees to make all payments when due and to perform or comply with alt covenants. Mortgagor also agrees not to allow any modifcatioa or extension of,nor to request any future advances under any mete or agreement secured byrho lien document without Lender's prior written approval. Claims ClaAgainst Title. ortgagor will pay all taxes, asacsarnests, liens, encumbrances, lease payments, ground tuts, utilities.and other charges relating to the Property when due. Leader may re9iatre Mortgagor to provide to Lender copies of all notices that such amounts arc due and the receipts evidencing Mortgagor's payment.Mortgagor will defend tide to the Property against any claims that would impair the leen of this Security Instrument.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 �o condition and make all repairs that are reasonably necessary.Mortgagor shall not commit or allow any waste,impairtaent,or detetioraton 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 , cr, permit arty change in any license, restrictive covenant or•easement without Lender's prior written consent. Mortgagor will notify Leader of all demands, proceedings, claims and actions against Mortgagor,and of any loss or damage to the Property. Larder 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 et the time of or before an r. - • inspection specifying a reasonable purpose for the tion.Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on l.ander's inspection. 01994 Wolters Kluwer Financial Services-Bankers Systems'Form OCP•REMTG-IA 10/24/2005 N (onus 20f 51 (Jn VMP®-C¢659A)(051 1} 1 i E-FILED 2016 JUN 09 2:33 PM JOHNSON -CLERK OF DISTRICT COURT E-FILED 2015 OCT 06 2:36 PM JOHNSON-CLERK OF DISTRICT COURT Authority to Perform.If Mortgagor fails to perform any duty or any of the covenants contained in this Scgtrity Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in face 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',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.Mortgages will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condemnation,eminent domain,or arty other meats.Mortgagor authorizes Leader to intervene to Mortgagor's name in any of the above described actions or'claims. Mortgagor assigns to Lender dm 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 truse, 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 requites.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 terntinarion 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 premiutns and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier and Lender.Lender may make proof of loss if not made immediately by Mortgagor. Unless otherwise agreed in writing,all insurance proceeds shell be applied to the restoration or repair of the Property or to the Secured Debt,whether or not then due,at Lender's option. Any application of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment.Any excess will be paid to the Mortgagor.If the Property is acquired by Lender, Mortgagor's right to arty insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. Financial Reports and Additional Documents,Mortgagor will provide to I++tiu upon request,any 1'1,...,10 statement or information Lender may deem reasonably necessary.Mortgagor agrees to sign. deliver, and file any additional documents or certifications that Lender may consider neeeenaty to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on the Property. 6. WARRANTY OF TITLE, Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to grant,bargain,warrant,convey,sell and mortgage the Property. Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record. 7. DUE ON SALE. Lender may, at its option, daclan: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.F.R.39l),as applicable. 8. DEFAULT.Mortgagor will be in default if any of the following occur: Payments.Arty Consumer Borrower an any Secured Debt that is art open end home equity plan fails to mala a payment when due. Property. Any action or inaction by the Borrower or Mortgagor occurs that adversely affects die Property or Lender's rights in the Property. This includes, but is not limited to, the following: (a) Mortgagor fails CO 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; (a) a sole Mortgagor dies; (f) if more than one Mortgagor,any Mortgagor dies and Leader's security is edversely 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 Lander's vuerest or(i)a prior tienholder forecloses on the Property and as a result,Lender's Interest is adversely affected. Executive Officers.Any Borrower it as executive officer of Lender or an affiliate and such Borrower tecomet indebted to Lender or another lender in an aggregate amount greater than the amount permitted under federal laws and regulations. (01994 Wolters Kluwer Financial Services•Bankers Systems'Form OCP-REMTG-IA 10/24/2005 (pe3 of 51 VMP'a-C46B1/A!(0511) .J3 . �3 _ E-FILED 2016 JUN 09 2:33 PM JOHNSON -CLERK OF DISTRICT COURT • 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 J...lot 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 Lender's right to require complete cure of any existing default.By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it 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. I1. EXPENSES;ADVANCES ON COVENANT'S;ATTORNEYS'FEES;COLLECTION COSTS.If Mortgagor breaches any covenant in this Security)ostnunent,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 end 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 an collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument,This amount may include,but is not limited to,court coats,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 renin in effect until released. Mortgagor agrees to pay for any recordation costs of such release. I2, ENVIRONMENTAL. LAWS AND HAZARDOUS SUBSTANCES. As used in this section. (1) Envixuwreuual 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 connetninent which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The learn i*,rt,+.t.q, without limitation, any substances defined as -hazardous material,' `toxic substances,' 'hazardous waste` or 'hazardous substance'under any Environmental Law. Mortgagor represents,warrants runt agrees that: A. Except as previously disclosed and acknowledged in writing to IPrefer, no Hazardous Substance Is or will be located,stored or released on or in the Property.This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property. B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been,are,and shall remain in full compliance with any applicable Enviroomentai Law. C. Mortgagor shall immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on,under or about the Property or there is a violation of any Environmental Law concerning the Property. In such en 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 Dat be required to pay to Lender funds for taxes and insurance in escrow. rU 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 ` ' C" Secuity Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage ``!; C__ Mortgagor's interest in the Property to secure payment of tete Secured Debt and Mortgagor does nor • 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 Leader 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 antideficiency or one-action laws. The duties and benefits of this Security Instrument shall bind and btarofit the successors and assigns of Mortgagor and Lender. ©1994 Wolters Kluwer Financial Services-Bankers Systems.'Form OCP-REMTG-IA 10/24/2005 • IV rporo4er61 VMPe-C465.(1/4/(0511) _ LIT • • s • E-FILED 2016 JUN 09 2:33 PM JOHNSON-CLERK OF DISTRICT COURT • E-FILED 2015 OCT 06 2:36 PM JOHNSON-CLERK OF DISTRICT COURT 15, SEVERABIIJTY;INTERPRETATION. This Securily Instrument is complete and fully integrated. This Security Instrument may not be animated or modified by oral agreement. Any section to this qe iuity Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable lew will not be effective, unless that law expressly or snetliedly 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.Unica otherwise required by law,any notice shall bo given by delivering it or by mailing it by first class mail to the appropriate patty'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 re!aring to rite Property. 18. LINE OF CREDIT.The Secured Debt includela revolving line of credit.Althoug.h 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 a governed by the laws as agreed to Ln the Secured Debt,except to the extent required by the laws of the jurisdiction where the Property is located, and applicable federal laws and regulatiotu. 20. RIDERS.The covenants and agreements of each of the riders checked below are Moor-portant into and supplement and amend the terms of this Security Instrument. (Chuck all applicable beams) Assignment of Leases and Rents Other 21.t—PURCHASE MONEY MORTGAGE.This is a purchase money mortgage as defined by Iowa 10 w. 22.O ADDITIONAL TERMS. NOTICE TO CONSUMER (For purposes of this Notice,"You"means Mortgagor) 1.Do not sign this paper before you read IL 2.You are entitled to a copy of this paper.3.You may prepay the unpaid balance at any time without penalty and may be entitled to receive a refund of unearned charges in accordance with law.4.If you prepay the unpaid balance,you may have to pay a tnlatintum charge Oct greater than seven dollars and fifty cents. SIGNATURES;By signing below,Mangagor agrees to die terms rind Covenants contained in this Security Instrument and in any anarhments. Mortgagor also acknowledges receipt of a copy of this Security Instrument on the date Hated on page!, • [/ (Square)Ren reps e - rose) (Stemware) (Dais) ACKNOWLEDGMENT: • STATE OP ;owe peclv U COUNTY OF Johnson _ )u, fi • On this 30t11... day of goy 2012 before me,a Notary Public in the nue of a' • lows,personally appeared tcenC H prepv to me lalawn w be the penon(s)tutted in and who executed the v foregoing Instrument,and aelmowledgtxi that Ht m • executed the same as HIS voluntary set and deed. My commission expires: �� Now Walk) 44lie she following statement'I"means the Mortgagor.)I erstand that homestead property is g m many cases protected from the claims of creditors and exempt from.judicial sale; !o„ and that by slat t this contract, I voluntarily give up my rights to thLS protection for this .rot• with respect to claims based upon this contract. _7hyrl�z. ._. (SlsAuure) Kent/,,reser (oak) .,. e - (Signature) ..(Date) - ( 1') 01994 Wolters Kluwer Financial Servicea-Bankers Systems"'Form OCP-REMTG-IA 10/24/2006 Ipage S et s! VMP°-C465f/AJ 10511) (n E-FILED 2016 JUN 09 2:33 PM JOHNSON - CLERK OF DISTRICT COURT E-FILED 2015 OCT 06 2:36 PM JOHNSON- CLERK OF DISTRICT COURT r 1 .i..+�==..an UNIVERSITY OF IOWA COMMUNITY CREDIT UNION POST OFFICE BOX SOD,NORTH LIBERTY,IOWA 52317-0800 Peri u?ao car�oa:•ux�pu 05/08/2015 KENT H GREGG 1208 GILBERT CT IOWA CITY, fA 52240-4529 SUBJECT: NOTICE OF RIGHT TO CURE DEFAULT, as required by The Iowa Consumer Credit Code, Section 537.5111(1) Account Number Date of Loan: 08/03/2012 Total of Payments: Open-end credit plan Monthly payments: $145.73 Due Date: 08/15/2014; 18i of each month Principal Balance: $14,573.25 Security: Mortgage on Properly 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 $1,308.67 on or before 06/09/2016. If you do so, your loan account will be treated as though you were never behind, Failure to cure the default before 06/09/2016 may result in acceleration of the sums secured by the mortgage, foreclosure by judicial proceedings and sale of the property. If you are over ten days late again during the next 365 days, the Credit Union can exercise its rights without sending you another notice like this one, if you have any questions concerning this notice, please write or telephone us. Sincerely, University of Iowa Community CU Collection Department 1-800-446-3719 or 319-341-2165 CC: file This Is an attempt to collect a debt. Any Information received shall be used for that purpose. We may report Information about your account to credit bureaus.Late payments,missed payments,or other defaults on your account may be reflected in your credit report. EXHIBIT -- • E-FILED 2016 JUN 09 2:33 PM JOHNSON -CLERK OF DISTRICT COURT UNIVERSITY OF IOWA COMMUNITY CREDIT UNION VG$ POST OFFICE BOX 800,NORTH LIBERTY,IOWA 52317-0800 COMMUNITY CIIF DIT UNION 03/25/2016 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 ffitariagera Date of Loan: 07/30/2012 Total of Payments: Open-end credit plan Monthly payments: $821.43 Due Date; 03115/2016; 1st of each month Principal Balance: $82,142.67 Security: Mortgage on Property Located at: 724 RONALDS ST, IOWA CITY, IA 52245 Amount Past Due: $476.92 Interest Due: $395.09 Late Fees: $15.00 You are now in default on this consumer credit transaction. Your default consists of$476.92 in delinquent payments, which are at least ten or more days past due, plus $15.00 in late fees. You have the right to cure or correct your default by paying $476.92 on or before 04126/2016. If you do so, your loan account will be treated as though you were never behind. Failure to cure the default before 04/26/2016 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, University of Iowa Community CU Collection Department - C..7` 1-800-446-3719 or 319-341-2165 c= CC: file ' IN) . 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. , • -; E-FILED 2016 JUN 09 2:33 PM JOHNSON - CLERK OF DISTRICT COURT F-FILED 2015 OCT 06 216 PM JOHNSON - CLERK OF DISTRICT COURT UNIVERSITY OT IOWA, COMMUNITY CREDIT UNION VOF POST OFFICE 130X 800,NORTH LIBE3RTY,IOWA 52317-0800 COMMUNITY CRCOIY 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:1111111101111 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 sate of the property. University of Iowa Community Credit Union /2-4-7;,<' KEVIN O'TOOLE Collection Department 1-800-446-3719 or 319-341-2165 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. r.� EXHIBIT r" N , c.` E-FILED 2016 JUN 09 2:33 PM JOHNSON - CLERK OF DISTRICT COURT a-FILED 2015 OCT 06 2:36 PM JOHNSON-CLERK OF DISTRICT COURT hev• pr v%- nj lq Af, . ). z ? Mortgage Mediation Notice yea You are receiving this notice because (1)your lender believes that '4 your mortgage is seriously delinquent, or(2) a foreclosure petition was recently filed against you. The purpose of this notice 13; '. ' is to inform you that help is available through Iowa Mortgage Help, • • a State of Iowa-sponsored program. i he/pis available Iowa Mortgage Help is a group of organizations partnering with the Vx .•'•• t Iowa Attorney General's Office and the Iowa Finance Authority to offer A. '\ 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, tr t Pleas©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 C. 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 tk and borrowers to restructure mortgage terms. While we are not able e •7� . ..t to help everyone, we are able to help the majority of homeowners 0-74 who call Iowa Mortgage Help. r: > i The fact that a foreclosure petition may be or has been filed against t---F1 you does not necessarily mean that you will lose your house. It is NOT s,�j too tate. There is still time for help. -`i i , 3 Do Not Delay. This may be your best chance to save your ` 1.4.,\ home from foreclosure, i. i 1 ,, Call 1-877-622-4866 today or go to lowaMortgageHelp.com. ,`, 1 Oi!t This free call could save your home. o C- - .4 • ° % \';', Iowa Mortgage Help � #� 1-877-6?_2 4866 _ r - 141 k. wm ww .lowaMortgageHelp.co —, Ysi Z f ''I -1' Tuts notice is being provided as required by Iowa Code section 554.40(2). N ;6%4 {FI?r1( ,.) E-FILED 2016 JUN 09 2:33 PM JOHNSON -CLERK OF DISTRICT COURT V� UNIVERSITY OF IOWA COMMUNITY CREDIT UNION POST OFFICE 130X 800,NORTH LIBERTY,IOWA 52317-0800 CQMMUNI7Y CREDIT UNION 04/28/2016 KENT H GREGG KENT H GREGG 1208 GILBERT CT 724 RONALDS St. IOWA CITY, IA 52240-4529 IOWA CITY, IA. 52245 RE: MORTGAGE ACCELERATION Real Estate Mortgage 724 RONALDS ST IOWA CITY, IA 52245 V Acct No: 81101111111.1111. 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 04/28/2016, is $82,921.27 plus interest from 04128/2016, at the rate of$10.39 per day until payment in full. Failure to pay said amount, plus accruing interest on or before 05/14/2016, may result in foreclosure by judicial proceedings and sale of the property. University of Iowa Community Credit Union KEVIN O'TOOLE Collection Department 1-800-446-3719 or 319-341-2165 CC: file Mortgage Mediation Notice is enclosed as required by Iowa Code section 654.4B(2). This is an attempt to collect a debt. Any information received shall be used for that purpose. N • • -71 R)EXHIBIT cr' ID E-FILED 2016 JUN 09 2:33 PM JOHNSON -CLERK OF DISTRICT COURT 7 ,,. 1(. ^X' ;-;44,,,,,, :----:-,...- �, 1 ,uya: �^�. ,t ilia" n t -1- r et, 141 o...yya 1 , s r,I. ��:it 7t. `,yam ti-A. ry , ki *��fp�L�• ,Sr4 � i 4 4�� `1 q .G.+ '� tJC t. w . ' Mortgage Mediation Notice r �N 4k�^m ����1 . 'ti LLLLLL � 2 ;.. You arc receiving this notice because (1)your lender believes that { r` 11l your mortgage is seriously delinquent, or (2) a foreclosure r ?r ti„ C 1J�f' _'t!r R1 i ,, +,,4, ,r f 7 ::ill 1- petition was recently filed against you- 'the purpose of this notice , t, `•`' is to inform you that help is available through Iowa Mortgage Help, .ir , �.1 a State of Iowa-sponsored program. ;fif C ti 4 1;g!.. ^::.-..."= 7/... • j Y3, is flt.liz'.:f5...,4?-;i,.. VA.. 57. help available ..,x..:,;:;6,,..:?:;,0:2.,...,;14;, .,,vi • ..:,. •• , '' Iowa Mortgage Help is a group of organizations partnering with the • € 0 t r tit • Iowa Attorney General's Office and the Iowa Finance Authority to offer ,.-,...7*.,,-, 4i,,} all Iowans access to free, confidential mortgage counseling with local . F -{ l ;-. organizations located right here in Iowa. Iowa Mortgage Help is here ,-.4.7.k.;, t .� • 1 i.A y X Y' to assist you in working through your situation_ �k.,2� �:�1 t, Please call 1-877-622-4866 as soon as possible.The earlier you call, A '4',-.,-'•%•,:.•-5,i.^.7'•,.: •Pthe more options that are available to you. When you call, you will , be referred to a trained, professional counselor who will listen r to your situation and offer free, confidential advice through each 1 s ..i \ 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 1'' r4s {�a to help everyone, we are able to help the majority of homeowners � \ \ � who call Iowa Mortgage Help. • r;` r `3 The fact that a foreclosure petition may be or has been filed against Ye•v >••'}' {a . ' } : ' you does not necessarily mean that you will lose your house. it is NOT ,,:_ y-•' too late. There is still time for help. s- 'S d �r -• £- Y` . hit Ftr'. ��� � ���, Do Not Delay. This may be your best chance to save your f r . �"?'"n . •":: , , home from foreclosure. 1-.41e.,.','-:;. 4" • �x i •. Call 1-877-622-4866 today or go to IowaMortgageHelp-com. , .4, � ., if , * _ • ;- This free call could save your home. Q; �0 _ _. c_ . Y`- y �4 j� Iowa Mortgage Help .. ▪, fN 1-877-622-4866 { ;;A: , qrS 3�; vg- t r '''4,„1--"-r.1031 . �.1 Z. www. owaorgg . ,) ...,,Vag").::'.,::-it , "Y"-° f • K !a r...) .. 3 a 1' t s !i y ' ' r, 7 This notice ;beii} provided as«x}ulred by lewd Code ser ioG,4.4f?). Z,!...,',7,1.•;;4.0:, � rcZk01 lid ✓,/�V,r,,,t �. t ,L,,e,.. ,.-' Gr'�"' `7S. '4 11 Y E—FILED 2016 JUN 09 2:33 PM JOHNSON—CLERK OF DISTRICT COURT AFFIDAVIT RE COMPENSATION STATE OF IOWA, COUNTY OF JOHNSON, SS: We, Lawrence L. Lynch 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 entitled matter. cc; 5' Lawrence L. Lynch iOG t ma a�f Rachel A.D. Marquardt Subscribed and sworn to before me the undersigned Notary P blic by Lawrence L.Lynch and Rachel A.D. Marquardt this 1 day of 2016. LA.,. L., ��-----'� `(� v NOTARY Jsj.l, Auc JULIE a. L. '"CH s GOh1f,,i �: ti 11• 38 EXHIBIT • "..' MY C•MMIS�Siati EX ..SES c.o. . . Ilp_ 11 1 E-FILED 2016 JUN 09 2:33 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, NO. EQCV077623 Plaintiff, vs. ESTATE OF KENT H. GREGG; SPOUSE OF KENT H. GREGG, IF ANY; CITY OF IOWA CITY;LUCILLE CGOODSON;NATHAN GREGG;JOSEPH GREGG; STATE OF.IOWA, IOWA DEPARTMENT OF HUMAN SERVICES; DUANE L. GREGG;CORINNE E. GREGG CREDITORS OF ESTATE OF KENT H. GREGG; THE UNKNOWN HEIRS, DEVISEES, LEGATEES OF ESTATE OF KENT H. GREGG; STATE OF IOWA, IOWA DEPARTMENT OF REVENUE; UNITED STATES OF AMERICA, INTERNAL REVENUE SERVICE; PARTIES IN POSSESSION;ALL KNOWN AND UNKNOWN CLAIMANTS AND ALL PERSONS KNOWN OR UNKNOWN CLAIMING ANY RIGHT,TITLE OR INTEREST TO THE FOLLOWING DESCRIBED PROPERTY, AND ALL OF THE HEIRS, SPOUSES,ASSIGNS,GRANTEES, LEGATEES,DEVISEES OF ALL OF THE ABOVE-NAMED DEFENDANTS,TO WIT: 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. Defendants. APPLICATION FOR EMERGENCY APPOINTMENT OF RECEIVER COMES NOW,the Plaintiff University of Iowa Community Credit Union, by and through its attorney,Lynch Law Office,P.L.L.C., by Rachel A.D. Marquardt,and in support of its Application for Emergency Appointment of Receiver,states the following: 1. Plaintiff is a corporation organized under the laws of the State of Iowa with its principal r- place of business in North Liberty,Johnson County, Iowa. =" 2. Defendant Kent H. Gregg died on February 25.2016. • r,; E-FILED 2016 JUN 09 2:33 PM JOHNSON-CLERK OF DISTRICT COURT 3. Defendant Kent H. Gregg,on April 27, 2012 executed and delivered to the Plaintiff a Mortgage in writing upon the following described real property situated 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. Attached to the Petition and incorporated herein is Exhibit"4" which is a true and correct copy of this Mortgage. 4. One of the covenants of the Mortgagor consents to the appointment of a receiver at the option of the Morgagee. Further, lender has an interest in the property pursuant to Iowa Code 680 by virtue of its first and prior lien. 5. Defendant Kent II. Gregg is in default of this Mortgage because Defendant has failed to make required payments and keep the property in good repair. 6. That attached hereto and incorporated herein, marked Exhibit"I" is an Affidavit of Kevin O'Toole regarding the status of the property. 7. The attached Affidavit indicates that it is necessary to immediately take possession of the property to secure the property and prevent damage to the house. WHEFEFORE, Plaintiff respectfully requests that the Court appoint a receiver on its behalf to take possession and control of the property, and preserve and maintain the property, and for such other and further equitable relief as to this Court may deem proper. LYNCH LAW OFFICE, P_L.L.0 By Is/ Rachel A.D. Marquardt Rachel A.D. Marquardt#AT0011925 1402 Willow Creek Ct/POB 1757 rte U, w E-FILED 2016 JUN 09 2:33 PM JOHNSON-CLERK OF DISTRICT COURT Iowa City, Iowa 52244-1757 TELEPHONE# 319-351-1056 FAX: #319-338-6834 rache I(c1gm lawyers.com ATTORNEY FOR UNIVERSITY OF IOWA COMMUNITY CREDIT UNION N cn C.i E-FILED 2016 JUN 09 2:33 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY UNIVERSITY O.F IOWA COMMUNITY CREDIT UNION, NO. EQCV077623 Plaintiff, vs. ESTATE OF KENT H. GREGG; SPOUSE OF KENT H. GREGG, IF ANY;CITY OF IOWA CITY; LUCILLE GOODSON;NATHAN GREGG;JOSEPH GREGG; STATE OF IOWA, IOWA DEPARTMENT OF HUMAN SERVICES; DUANE L. GREGG; CORINNE E. GREGG CREDITORS OF ESTATE OF KENT H. GREGG; THE UNKNOWN HEIRS,DEVISEES, LEGATEES OF ESTATE OF KENT H. GREGG; STATE OF IOWA, IOWA DEPARTMENT OF REVENUE; UNITED STATES OF AMERICA, INTERNAL REVENUE SERVICE; PARTIES IN POSSESSION; ALL KNOWN AND UNKNOWN CLAIMANTS AND ALL PERSONS KNOWN OR UNKNOWN CLAIMING ANY RIGHT, TITLE OR INTEREST TO THE FOLLOWING DESCRIBED PROPERTY, AND ALL OF THE HEIRS, SPOUSES, ASSIGNS,GRANTEES, LEGATEES,DEVISEES OF ALL OF THE ABOVE-NAMED DEFENDANTS,TO WIT: 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. Defendants. AFFIDAVIT OF KEVIN O'TOOLE STATE OF IOWA, COUNTY OF JOHNSON, SS: COMES NOW,Kevin O'Toole,after being duly sworn under oath, and does depose and slate as follows: 1.That I am an employee of the University of Iowa Community Credit Union,Plaintiff in this matter. 2. f. have knowledge that Defendant Kent H. Gregg is deceased. cr. 3.The Credit Union has been informed that an estate will not be opened. 4. I have knowledge that the house is vacant and no one is residing in the property. EXHIBIT • E-FILED 2016 JUN 09 2:33 PM JOHNSON -CLERK OF DISTRICT COURT 5. A receiver should be appointed to maintain the general upkeep and utilities, including protecting the home from vandalism and cutting the grass. 6. I believe that it is necessary for the Credit Union to take possession of the property immediately to keep the property secured. 7/ ' C %rr = c z O Z"<G() Kevin O'Toole Subscribed and sworn to me by Kevin O'Toole this day of (\jY1 ,2016. f IORSTIN M POSSEHL 1/ ' C.oinrniui�onNumber7s907r! 1�111'2 NOTARY PUBLIC mY t:ace,. * 5111 N Cr. • Cs� f 1 E-FILED 2016 JUN 10 9:39 AM JOHNSON-CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, NO. EQCV077623 Plaintiff, vs. ESTATE OF KENT H. GREGG; SPOUSE OF KENT H. GREGG, IF ANY; CITY OF IOWA CITY; LUCILLE GOODSON;NATHAN GREGG; JOSEPH GREGG; STATE OF IOWA, IOWA DEPARTMENT OF HUMAN SERVICES; DUANE L. GREGG; CORINNE E. GREGG CREDITORS OF ESTATE OF KENT H. GREGG; THE UNKNOWN HEIRS, DEVISEES, LEGATEES OF ESTATE OF • KENT H. GREGG; STATE OF IOWA, IOWA DEPARTMENT OF REVENUE; UNITED STATES OF AMERICA, INTERNAL REVENUE SERVICE;PARTIES IN POSSESSION; ALL KNOWN AND UNKNOWN CLAIMANTS AND ALL PERSONS KNOWN OR UNKNOWN CLAIMING ANY RIGHT, TITLE OR INTEREST TO THE FOLLOWING DESCRIBED PROPERTY, AND ALL OF THE HEIRS, SPOUSES,ASSIGNS, GRANTEES, LEGATEES, DEVISEES OF ALL OF THE ABOVE-NAMED DEFENDANTS, TO WIT: 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. Defendants. ORDER GRANTING APPLICATION FOR APPOINTMENT OF RECEIVER AND SETTING HEARING The Court having reviewed the file in this matter, makes the following findings: 1. That this matter is brought before the Court under an emergency basis, and the Court finding that this matter is an emergency and should be decided ex parte, and that appropriate notice will be given to all parties in this matter. 2. Plaintiff has a Mortgage on the property located at 724 Ronalds Street, Iowa City, Iowa, and legally described as follows: r 1 E-FILED 2016 JUN 10 9:39 AM JOHNSON-CLERK OF DISTRICT COURT 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. 3. That there will be material impairment to the property unless immediate action is taken. 4. That it is in the best interests of all parties concerned to grant Plaintiff's Application for Appointment of Receiver, and to appoint University of Iowa Community Credit Union of Iowa City, Iowa, as the Receiver in this matter. 5. That Plaintiff's Application for Appointment of Receiver should be granted. 6. A hearing on the Court's Appointment of Receiver will be held at the Johnson County Courthouse in Iowa City, Iowa, on July 11,2016, at 11:30 a.m. 7. If a Defendant would like to object to the Court's Appointment of a Receiver, the Defendant shall do so in writing within twenty (20) days after the date that this Order is served on the party. If an objection in writing is not filed within twenty(20) days after this Order is served on a party, that party will be forever barred from making any objections to the Court's Immediate Appointment of a Receiver. 8. Proof of Service or appropriate waivers or acceptances shall be filed with this Court before the time of such hearing. WHEREFORE, IT IS HEREBY ADJUDGED AND DECREED that the University of Iowa Community Credit Union's Application for Appointment of Receiver is granted and that University of Iowa Community Credit Union is appointed Receiver of the property in question and that it take immediate possession of the property. University of Iowa Community Credit Union has the power to take and keep possession of the property, to preserve and maintain the property, and generally,to do such acts in respect to the property committed to the Receiver as may be authorized by law or ordered by this Court. E-FILED 2016 JUN 10 9:39 AM JOHNSON-CLERK OF DISTRICT COURT 111'4 r4J, r v t1�1�b'aj ti.: latt• nim.:. �►amu. tl, f6. J44 ,> rfl u1 State of Iowa Courts Type: OTHER ORDER Case Number Case Title EQCV077623 U OF I COMMUNITY CREDIT UNION V KENT HOLM GREGG, ET AL So Ordered i 1/ // Mary E.• cchelly.District Court Judi): Sixth Judicial District of Iowa Electronically signed on 2016-06-10 09:39:55 page 3 of 3 E-FILED 2016 JUN 13 11:59 AM JOHNSON-CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, NO. EQCV077623 Plaintiff, vs. ESTATE OF KENT H. GREGG; SPOUSE OF KENT H. GREGG, IF ANY; CITY OF IOWA CITY;LUCILLE GOODSON;NATHAN GREGG;JOSEPH GREGG; STATE OF IOWA, IOWA DEPARTMENT OF HUMAN SERVICES; DUANE L. GREGG; CORINNE E. GREGG CREDITORS OF ESTATE OF KENT H. GREGG;THE UNKNOWN HEIRS, DEVISEES, LEGATEES OF ESTATE OF KENT H. GREGG; STATE OF IOWA, IOWA DEPARTMENT OF REVENUE;UNITED STATES OF AMERICA, INTERNAL REVENUE SERVICE; PARTIES IN POSSESSION;ALL KNOWN AND UNKNOWN CLAIMANTS AND ALL PERSONS KNOWN OR UNKNOWN CLAIMING ANY RIGHT, TITLE OR INTEREST TO THE FOLLOWING DESCRIBED PROPERTY, AND ALL OF THE HEIRS, SPOUSES,ASSIGNS,GRANTEES, LEGATEES, DEVISEES OF ALL OF THE ABOVE-NAMED DEFENDANTS, TO WIT: 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. Defendants. APPLICATION FOR APPOINTMENT OF GUARDIAN AD LITEM COMES NOW,the Plaintiff University of Iowa Community Credit Union, by and through its attorneys, Lawrence L. Lynch and Rachel A.D. Marquardt of Lynch Law Office, P.L.L.C. and in support of its Application for Appointment of Guardian Ad Litem states to the Court as follows: 1. Defendant Kent H. Gregg died on February 25, 2016.No administration of Kent H. Gregg's estate is anticipated. . E-FILED 2016 JUN 13 11:59 AM JOHNSON-CLERK OF DISTRICT COURT 2. It is necessary to appoint a Guardian Ad Litem to represent the interests of the unknown heirs, devisees, legatees of Estate of Kent H. Gregg, and all known and unknown claimants and all persons known or unknown claiming any right,title or interest to the above described property, and all of the heirs, spouses, assigns, grantees, legatees, devisees of all of the above-named defendants, to wit: 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 (hereinafter"Claimants"). WHEREFORE, it is requested that Adam Tarr be appointed as Guardian Ad Litem for the unknown heirs, devisees, legatees of Estate of Kent H. Gregg, and Claimants,to represent their interests in this matter. LYNCH LAW OFFICE, P.L.L.C. By/s/Lawrence L. Lync Lawrence L. Lynch #AT0004809 By Is/Rachel A.D. Marquardt Rachel A.D. Marquardt#AT0011925 2346 Mormon Trek Blvd., Ste.2700 Iowa City, Iowa 52244-1757 TELEPHONE# 319-351-1056 FAX: #319-338-6834 receptionist@lgmlawyers.com rachel(a�lgm lawyers.com ATTORNEYS FOR UNIVERSITY OF IOWA COMMUNITY CREDIT UNION E-FILED 2016 JUN 13 3:53 PM JOHNSON-CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, NO. EQCV077623 Plaintiff, vs. ESTATE OF KENT H. GREGG; SPOUSE OF KENT H. GREGG, IF ANY; CITY OF IOWA CITY; LUCILLE GOODSON;NATHAN GREGG; JOSEPH GREGG; STATE OF IOWA, IOWA DEPARTMENT OF HUMAN SERVICES; DUANE L. GREGG; CORINNE E. GREGG CREDITORS OF ESTATE OF KENT H. GREGG;THE UNKNOWN HEIRS,DEVISEES, LEGATEES OF ESTATE OF KENT H. GREGG; STATE OF IOWA, IOWA DEPARTMENT OF REVENUE; UNITED STATES OF AMERICA, INTERNAL REVENUE SERVICE; PARTIES IN POSSESSION;ALL KNOWN AND UNKNOWN CLAIMANTS AND ALL PERSONS KNOWN OR UNKNOWN CLAIMING ANY RIGHT, TITLE OR INTEREST TO THE FOLLOWING DESCRIBED PROPERTY, AND ALL OF THE HEIRS, SPOUSES, ASSIGNS, GRANTEES, LEGATEES, DEVISEES OF ALL OF THE ABOVE-NAMED DEFENDANTS, TO WIT: 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. Defendants. ORDER GRANTING APPLICATION FOR APPOINTMENT OF GUARDIAN AD LITEM The Application for Appointment of Guardian Ad Litem comes before the Court, by the applicant Plaintiff. The Court, upon review of the Application and court file, FINDS. 1. That the Court has jurisdiction of the subject matter and interested parties. 2. That Adam Tarr should be and is hereby appointed as Guardian Ad Litem to represent interests of the unknown heirs, devisees, legatees of Estate of Kent H. Gregg, and all known and unknown claimants and all persons known or unknown claiming any right, title or interest to the 4 Y E-FILED 2016 JUN 13 3:53 PM JOHNSON-CLERK OF DISTRICT COURT following described property, and all of the heirs, spouses, assigns, grantees, legatees, devisees of all of the above-named defendants, to wit: 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. IT IS HEREBY ORDERED AND ADJUDGED THAT Adam Tarr is appointed as Guardian Ad Litem. E-FILED 2016 JUN 13 3:53 PM JOHNSON-CLERK OF DISTRICT COURT ti6 4.a .. v, r i ,ryva�r f, v �1 Y f f Ill l i`� State of Iowa Courts Type: OTHER ORDER Case Number Case Title EQCV077623 U OF I COMMUNITY CREDIT UNION V KENT HOLM GREGG, ET AL So Ordered Lee lie.L.Z--- Carl D. Baker,Senior Judge, Sixth Judicial District of Iowa Electronically signed on 2016-06-13 15:53:45 page 3 of 3 V E-FILED 2016 JUN 15 12:11 PM JOHNSON-CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, NO. EQCV077623 Plaintiff, vs. ESTATE OF KENT H. GREGG;SPOUSE OF KENT H. GREGG, IF ANY;CITY OF IOWA CITY;LUCILLE GOODSON;NATHAN GREGG;JOSEPH GREGG; STATE OF IOWA, IOWA DEPARTMENT OF HUMAN SERVICES; DUANE L.GREGG;CORINNE E.GREGG CREDITORS OF ESTATE OF KENT H.GREGG;THE UNKNOWN HEIRS,DEVISEES,LEGATEES OF ESTATE OF KENT H.GREGG; STATE OF IOWA, IOWA DEPARTMENT OF REVENUE;UNITED STATES OF AMERICA, INTERNAL REVENUE SERVICE;PARTIES IN POSSESSION;ALL KNOWN AND UNKNOWN CLAIMANTS AND ALL PERSONS KNOWN OR UNKNOWN CLAIMING ANY RIGHT,TITLE OR INTEREST TO THE FOLLOWING DESCRIBED PROPERTY, AND ALL OF THE HEIRS, SPOUSES,ASSIGNS,GRANTEES, LEGATEES,DEVISEES OF ALL OF THE ABOVE-NAMED DEFENDANTS,TO WIT: 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. Defendants. MOTION TO CONTINUE HEARING COMES NOW, Plaintiff University of Iowa Community Credit Union, by and through its attorney, Rachel Marquardt of Lynch Law Office P.L.L.C., and in support of its Motion to Continue Hearing states as follows: 1. Hearing on the Court's Appointment of Receiver is set for July 11, 2016 at 11:30 a.m. at the Johnson County Courthouse. . r E-FILED 2016 JUN 15 12:11 PM JOHNSON -CLERK OF DISTRICT COURT 2. Plaintiff is in the process of obtaining service upon all defendants and will be unable to serve all defendants in a timely manner prior to the hearing. 3. It would be in the interests of justice to continue the hearing to allow Plaintiff to obtain service upon the Defendants. WHEREFORE Plaintiff makes a Motion to Continue the hearing,and respectfully requests that the Court enter an order resetting the hearing originally set for July 11,2016 to a date and time after August 15, 2016 to allow Plaintiff to serve Defendants, and for such other and further relief as the Court deems proper and just. LYNCH LAW OFFICE, P .L.L.0 By/s/Rachel A.D. Marquardt Rachel A.D. Marquardt# AT0011925 2346 Mormon Trek Blvd, Suite 2700 P.O. Box 1757 Iowa City, Iowa 52244-1757 (319) 351-1056 (TELEPHONE) (319) 338-6834 (FAX) rachel@lgmlawyers.com (EMAIL) ATTORNEY FOR UNIVERSITY OF IOWA COMMUNITY CREDIT UNION + E-FILED 2016 JUN 16 9:51 AM JOHNSON-CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, NO. EQCV077623 Plaintiff, vs. ESTATE OF KENT H. GREGG; SPOUSE OF KENT H. GREGG, IF ANY;CITY OF IOWA CITY;LUCILLE GOODSON;NATHAN GREGG;JOSEPH GREGG; STATE OF IOWA, IOWA DEPARTMENT OF HUMAN SERVICES;DUANE L.GREGG;CORINNE E. GREGG CREDITORS OF ESTATE OF KENT H.GREGG;THE UNKNOWN HEIRS,DEVISEES, LEGATEES OF ESTATE OF KENT H. GREGG; STATE OF IOWA,IOWA DEPARTMENT OF REVENUE;UNITED STATES OF AMERICA, INTERNAL REVENUE SERVICE;PARTIES IN POSSESSION;ALL KNOWN AND UNKNOWN CLAIMANTS AND ALL PERSONS KNOWN OR UNKNOWN CLAIMING ANY RIGHT,TITLE OR INTEREST TO THE FOLLOWING DESCRIBED PROPERTY, AND ALL OF THE HEIRS,SPOUSES,ASSIGNS,GRANTEES, LEGATEES,DEVISEES OF ALL OF THE ABOVE-NAMED DEFENDANTS,TO WIT: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. Defendants. ORDER GRANTING MOTION TO CONTINUE AND RESETTING HEARING The Court having reviewed Plaintiff's Motion to Continue, and being fully advised in the premises,FINDS that same should be granted. The court notes,however, that Plaintiff requested an expedited hearing,was granted an expedited hearing, and now seeks to delay the hearing. The delay in conducting this hearing is due solely to Plaintiff's request to do so. K •+ N E-FILED 2016 JUN 16 9:51 AM JOHNSON-CLERK OF DISTRICT COURT IT IS HEREBY ORDERED that hearing on the Court's Appointment of a Receiver shall be reset to the 23rd day of August, 2016, at 2:30 o'clock P.M. at the Johnson County Courthouse, Iowa City, Iowa. Notice shall be given to all interested parties no less than twenty (20) days prior to the hearing date. a ►i • E-FILED 2016 JUN 16 9:51 AM JOHNSON -CLERK OF DISTRICT COURT r. air /> 4:. State of Iowa Courts Type: OTHER ORDER Case Number Case Title EQCV077623 U OF I COMMUNITY CREDIT UNION V KENT HOLM GREGG, ET AL So Ordered Yi/i4bAAd &WM/ Christopher L.01 eons,District Court Judge Sixth Judicial District of Iowa Electronically signed on 2016-06-16 09:51:08 page 3 of 3 END OF CASE FILE r � NOTICE OF EXPIRATION OF RIGHT OF REDEMPTION AND TAKING TAX DEED TO: Terry Jo Williams Wanda M. Marten City of Iowa City Yewell Street Yewell Street c/o City Clerk Iowa City, IA 52240 Iowa City, Iowa 52240 410 E Washington Street Iowa City, IA 52240 IN RE: Certificate of Purchase at Tax Sale Number 130193 You are hereby notified that on June 17, 2013, Tax Parcel No. 10-14-359-004 was sold for delinquent taxes to Tax Partnership 41 and subsequently assigned to Blake Hendrickson. Said Tax Parcel covers the following described real estate situated in Johnson County, Iowa,to-wit: Beginning at a point on the east line of the SE%of the SW%of the SW 1/4 of Section 14, Township 79N, Range 6W of the 5th P.M., 195 feet south of the northeast corner thereof, thence south 89°32' west 155 feet, thence south 135 feet, thence north 89°32' east 155 feet,thence north 135 feet to the point of beginning; subject to an easement to the public for ingress and egress over the west 30 feet thereof. The right of redemption will expire and a deed for the Parcel will be issued unless redemption is made within ninety(90) days from the completed service of this notice. Dated this 10th day of June,2016. Blake Hendrickson By: ei, , Jo 7i. ou:; on ISBA#AT0003737 Attorney for B ake Hendrickson Anderson& Houghton, LLP 216 Stevens Drive P. O. Box 1147 Iowa City, IA 52244-1147 Sm,r '06440:,€) :€) a I 0 NOTICE OF EXPIRATION OF RIGHT OF REDEMPTION AND TAKING TAX DEED TO: Terri Jo Williams; Wanda M. Marten; City of Iowa City; and their Unknown Heirs, Devisees, Grantees,Assignees, Successors in Interest,and their Unknown Spouses;Unknown Claimants and Parties in Possession of the real estate described below. IN RE: Certificate of Purchase at Tax Sale Number 130193 You are hereby notified that on June 17, 2013, Tax Parcel No. 10-14-359-004 was sold for delinquent taxes to Tax Partnership 41 and subsequently assigned to Blake Hendrickson. Said Tax Parcel covers the following described real estate situated in Johnson County, Iowa,to-wit: Beginning at a point on the east line of the SE'/s of the SW' of the SW'/ of Section 14, Township 79N, Range 6W of the 5th P.M., 195 feet south of the northeast corner thereof, thence south 89°32' west 155 feet, thence south 135 feet, thence north 89°32' east 155 feet,thence north 135 feet to the point of beginning; subject to an easement to the public for ingress and egress over the west 30 feet thereof. The right of redemption will expire and a deed for the Parcel will be issued unless redemption is made within ninety(90) days from the completed service of this notice. The names and addresses of all of the unknown persons or entities referred to above are unknown to the Tax Certificate Holder despite his diligent efforts to ascertain the same. Dated this 14th day of June, 2016. Blake Hendrickson —, By: IA S /. La. Ja "i. -ought./ I BAilAT0003737 Att. ney for Bla Hendrickson Anderson&Houghton, LLP 216 Stevens Drive P. O. Box 1147 Iowa City, IA 52244-1147 Received by: /%E � Dated: ����� et • NOTICE TO REDEEM FROM TAX SALE 2016 NAY 16 All 9: 42 TO: Jeff Primm 5035 Morse Road NE Iowa City, IA 52240 KA.:; CITY. and any unknown heirs, devisees, grantees, assignees, successors in interest, unknown parties in possession, unknown spouses and claimants. Parties in Possession of 5035 Morse Road NE Iowa City, IA 52240 University of Iowa Community Credit Union 825 Mormon Trek Blvd. P.O. Box 2630 Iowa City, IA 52244 RE: Closed End-All First Mortgage dated March 31 , 1998, filed April 2, 1998 in Book 2456, Page 230 of the records of Johnson County, Iowa; RE: Open End - Second Mortgage dated June 21, 2006, filed June 28, 2006 in Book 4044, Page 266 of the records of Johnson County, Iowa; RE: Open-End Mortgage with Future Advance Clause dated June 16, 2011, filed June 28, 2011 in Book 4769, Page 126 of the records of Johnson County, Iowa University of Iowa Community Credit Union 500 Iowa Avenue P.O. Box 2240 Iowa City, IA 52244 RE: Closed End-All First Mortgage dated March 31, 1998, filed April 2, 1998 in Book 2456, Page 230 of the records of Johnson County, Iowa; RE: Open End - Second Mortgage dated June 21, 2006, filed June 28, 2006 in Book 4044, Page 266 of the records of Johnson County, Iowa; RE: Open-End Mortgage with Future Advance Clause dated June 16, 2011, filed June 28, 2011 in Book 4769, Page 126 of the records of Johnson County, Iowa Iowa Department of Revenue Hoover State Office Building P.O. Box 10471 Des Moines, IA 50306-0471 RE: Notice of Tax Lien dated June 5, 2013, recorded June 6, 2013 in Book 5012, Page 823 of the records of Johnson County, Iowa RE: Notice of Tax Lien dated June 5, 2013, filed June 6, 2013 in Book 5102, Page 822 of the records of Johnson County, Iowa RE: Notice of Tax Lien dated April 25, 2013, filed April 26, 2013 in Book 5083, Page 1 of the records of Johnson County, Iowa RE: Notice of Tax Lien dated May 19, 2015, filed May 20, 2015 in Book 5366, Page 815 of the records of Johnson County, Iowa 1^ t ` f "tit State of Iowa c/o Johnson County Attorney P.O. Box 2450 Iowa City, IA 52244-2450 RE: Notice of Tax Lien dated June 5, 2013, recorded June 6, 2013 in Book 5012, Page 823 of the records of Johnson County, Iowa RE: Notice of Tax Lien dated June 5, 2013, filed June 6, 2013 in Book 5102, Page 822 of the records of Johnson County, Iowa RE: Notice of Tax Lien dated April 25, 2013, filed April 26, 2013 in Book 5083, Page 1 of the records of Johnson County, Iowa RE: Notice of Tax Lien dated May 19, 2015, filed May 20, 2015 in Book 5366, Page 815 of the records of Johnson County, Iowa State of Iowa c/o Iowa Attorney General 1305 E. Walnut Street Des Moines, IA 50319 RE: Notice of Tax Lien dated June 5, 2013, recorded June 6, 2013 in Book 5012, Page 823 of the records of Johnson County, Iowa RE: Notice of Tax Lien dated June 5, 2013, filed June 6, 2013 in Book 5102, Page 822 of the records of Johnson County, Iowa RE: Notice of Tax Lien dated April 25, 2013, filed April 26, 2013 in Book 5083, Page 1 of the records of Johnson County, Iowa RE: Notice of Tax Lien dated May 19, 2015, filed May 20, 2015 in Book 5366, Page 815 of the records of Johnson County, Iowa Iowa City - City Clerk c/o City Hall 410 E. Washington Street Iowa City, IA 52240 Johnson County Treasurer P.O. Box 2420 = Iowa City, IA 52244-2420 Any and all person(s) in possession of the parcel hereinafter described. All of the heirs, spouses, assignees, grantees, legatees, devisees, and successors in interest both known and unknown, and all unknown claimants claiming to have any recorded or unrecorded right, title, or interest in and to the parcel hereinafter described. YOU ARE NOTIFIED that on the 17th day of June, 2013, the following described parcel, situated in Johnson County, Iowa, to-wit: b Lot 1, Breese-Zimmerman Subdivision to Johnson County, Iowa, according to the plat thereof, recorded in Book 38, Page 231, Plat Records of Johnson County, Iowa PARCEL NO. 08-09-356-001 CERTIFICATE NO. 130066 was sold at tax sale by the Treasurer of Johnson County for the then delinquent and unpaid taxes and/or special assessments against the parcel, that a Certificate of Purchase was duly issued by the County Treasurer of Johnson County, Iowa, pursuant to said tax sale, which Certificate is now lawfully held and owned by ACC100, LLC/DUTRACT/ITP and that the right of redemption will expire and a deed to the said parcel will be made to ACC100, LLC/DUTRACT/ITP, by the Treasurer of Johnson County, Iowa, thereby relinquishing all your rights, title and interest in the above- described parcel unless redemption from said tax sale is made within ninety (90) days from the completed service of this Notice. Dated this t day of 116 A , 20 /( '. ACC100, LL.CIDUTRACT/ITP / • By: David L. Clemens-#000000880 Of Clemens, Walters, Conlon Runde & Hiatt, L.L.P. 2080 Southpark Court Dubuque, IA 52003 Tel: (563)582-2926 Fax: (563)582-2998 Email: dclemenscwcmlaw.com NOTE: Do not contact the purchaser at the tax sale or his attorney in order to arrange for payment of the amounts necessary to redeem this property. The only means by which you may redeem this property is through payment of the amounts due through the Johnson County Treasurer, Johnson County Courthouse, Iowa City, Iowa, 319/356-6087. Crb trAn 17, l�7 N.1 NOTICE TO REDEEM FROM TAX SALE TO: Bradley M. Brecht 5807 Rapids Ridge Road Cedar Rapids, IA 52411 and any unknown heirs, devisees, grantees, assignees, successors in interest, unknown parties in possession, unknown spouses and claimants. Bradley M. Brecht 475 Westwinds Drive, Unit 3, Bldg. X Iowa City, IA 52246-2751 and any unknown heirs, devisees, grantees, assignees, successors in interest, unknown parties in possession, unknown spouses and claimants. Parties in Possession of 475 Westwinds Drive, Unit 3, Bldg. X Iowa City, IA 52246-2751 Chambers Management, Inc. 800 2nd Street, Ste. 200 Coralville, IA 52241 RE: Iowa District Court in and for Johnson County, SCSC087573, judgment entered November 7, 2015 Hiawatha Bank & Trust Company 777 N. Center Point Road Hiawatha, IA 52233 RE: Open-End Real Estate Mortgage dated March 27, 2002, filed April 5, 2002, in Book 3266, Page 83 of the records of Johnson County, Iowa Monterey Court Homeowner's Association a/k/a Monterey Court Condominium Homeowners Association 336 MacBride Road Iowa City, IA 52246 RE: Notice of Lien dated November 5, 2002, filed November 5, 2002 in Book 3415, Page 769 of the records of Johnson County, Iowa Monterey Court Homeowner's Association a/k/a Monterey Court Condominium Homeowners Association 800 2nd Street, Ste. 200 Coralville, IA 52241 RE: Notice of Lien dated November 5, 2002, filed November 5, 2002 in Book 3415, Page 769 of the records of Johnson County, Iowa ^, 0 Iowa City - City Clerk - : do City Hall . .. 410 E. Washington Street =-- t`— Iowa City, IA 52240 Cc�_ x1� t:�cct.1 ;. Johnson County Treasurer P.O. Box 2420 Iowa City, IA 52244-2420 Any and all person(s) in possession of the parcel hereinafter described. All of the heirs, spouses, assignees, grantees, legatees, devisees, and successors in interest both known and unknown, and all unknown claimants claiming to have any recorded or unrecorded right, title, or interest in and to the parcel hereinafter described. YOU ARE NOTIFIED that on the 17th day of June, 2013, the following described parcel, situated in Johnson County, Iowa, to-wit: Unit X-3, Monterey Court Condominiums, according to the Declaration thereof, in Book 633, Page 173, Miscellaneous Records of Johnson County, Iowa, recorded the 6th day of October, 1982, together with said unit's interest in the common elements PARCEL NO. 10-17-230-003 CERTIFICATE NO. 130082 was sold at tax sale by the Treasurer of Johnson County for the then delinquent and unpaid taxes and/or special assessments against the parcel, that a Certificate of Purchase was duly issued by the County Treasurer of Johnson County, Iowa, pursuant to said tax sale, which Certificate is now lawfully held and owned by ACC160, LLC/DUTRACT/ITP and that the right of redemption will expire and a deed to the said parcel will be made to ACC160, LLC/DUTRACT/ITP, by the Treasurer of Johnson County, Iowa, thereby relinquishing all your rights, title and interest in the above- described parcel unless redemption from said tax sale is made within ninety (90) days from the completed service of this Notice. Dated this 11+11 day of t , 20 � . ACC1.0, LLC/DUTRACT/ITP By: David L. Clemens-#000000880 Of Clemens, Walters, Conlon - Runde & Hiatt, L.L.P. 2080 Southpark Court = - - Dubuque, IA 52003 Tel: (563)582-2926 Fax: (563)582-2998 Email: dclemens(c�cwcmlaw.cdf:i NOTE: Do not contact the purchaser at the tax sale or his attorney in order to arrange for payment of the amounts necessary to redeem this property. The only means by which you may redeem this property is through payment of the amounts due through the Johnson County Treasurer, Johnson County Courthouse, Iowa City, Iowa, 319/356-6087. VIC 770, END OF CASE FILE SCC Holding,LLC 17330 West Center Road Ste 110, PMS 323 Omaha,NE 68130 402-916-4500 Dear Recipient: You are receiving the enclosed Notice of Expiration of Right of Redemption From Tax Sale because §447.9 of the Iowa Code requires you to receive mailed notice by virtue of the following claim(s)or interest(s) in the real estate,which is the subject of the tax sale. Your claim(s)or interest(s)is described by one of the following reasons: •`r You are the recorded owner. ❖ You are a party in possession of the real estate. ❖ You are the record holder of a judgment against one or more of the people named in the enclosed notice. ❖ You are the holder of a mortgage or other recorded security interest in the property which is subject to the tax certificate. ❖ You are the seller under a contract of sale covering the property which is subject to the tax certificate. ❖ You are the buyer under a contract of sale covering the property which is subject to the tax certificate. •'r You have some other interest of record in the property. ❖ The City in which the property is located. ❖ Farm Service Agency, Farm tenants,whose farming at the legal description of property of, Galway Hills Subdivision Part Three,according to the Plat thereof recorded in Book 37,Page 268,Plat Records of Johnson County,Iowa,subject to easements and restrictions of recorda/k/a PARCEL# 1018152001 N To find out the redemption amount necessary to redeem the taxes for this parcel,-please Edntact your local county treasurer's office. However, if additional information is still needed-after retriewing the above information,please contact our office at 402-916-4500 and use reference GaII ay 3 - Johnson 13-0105. Thank you. C L Le_cal`l -!30z-(2 ut NOTICE OF EXPIRATION OF RIGHT OF REDEMPTION FROM TAX SALE TO: Galway 3,LC c/o C.Joseph Holland,300 Brewery Square,Iowa City,IA 52245-Owner Galway Hills Home Owners Association c/o Jack Carlson,3427 Kearney Lane,Iowa City, IA 52246-Owner Galway Hills Home Owners Association P.O.Box 907,Iowa City,IA 52244-Owner Jay Leavesseur 742 Tipperary Road,Iowa City,IA 52246-Party of Interest Joseph M.Spiess 3554 Donegal Ct,Iowa City,IA 52246-Party of Interest Galway 3,LC c/o Gary L.Bishop,13 Linder Valley Circle,Iowa City,IA 52240-Party of Interest Iowa State Bank&Trust Co. 102 S.Clinton,P.O. Box 1700,Iowa City,IA 52244-Mortgage Holder Dav-ed Limited c/o Dave Cahill,568 Highway I West,Iowa City,IA 52240-Mortgage Holder Galway 3 LC P.O.Box 2148,Iowa City,IA 52244-Owner Iowa City City Clerk 410 E.Washington Street,Iowa City,IA 52240-City Limits Person In Possession Galway Hills Part 3,Iowa City,IA 52246-Person In Possession All of the heirs,spouses,assignees,grantees, legatees,devisees,and successors in interest both known and unknown,and all unknown claimants claiming to have any recorded or unrecorded right,title,or interest in and to the parcel hereinafter described. In accordance with Iowa Code Section 447.9 you are hereby notified that on the 17th day of June, 2013, the following described parcel, situated in Johnson County, Iowa, to-wit: Galway Hills Subdivision Part Three,according to the Plat thereof recorded in Book 37,Page 268, Plat Records of Johnson County, Iowa,subject to easements and restrictions of record a/k/a PARCEL# 1018152001 Certificate No: 13-0105 Was sold at tax sale by the Treasurer of Johnson County for the then delinquent and unpaid taxes against the parcel, which a Certificate of Purchase was duly issued by the County Treasurer of Johnson County, Iowa, to Apple Grove Investments, Inc. pursuant to said tax sale, which Certificate is now lawfully held and owned by Apple Grove Investments, Inc., and that the right of redemption will expire and a deed to the said parcel will be made unless redemption from said tax sale is made within ninety (90) days from the complejed service of this Notice. (2-41-,Z.L.„..."---- -- Chris Newhouse, Member SCC Holding LLC, N Agent for Apple Grove Investments, Inc. Johnson 13-0105 C7 J." END OF CASE FILE HSPS Legal Services Job: 970284(101198-2) Due: 08/03/2016 1927 Keokuk St-Lower Level Recipient: City of Iowa City, Iowa Iowa City, IA 52240 Phone 3193542010 Server: Hadley Libbey Fee: Client Petosa Law LLP CaSe. EQCV078280 Plaintiff Bank of America, N.A. Court JOHNSON COUNTY DISTRICT COURT Defendant Juan Neutze;Adriana Neutze;City of Iowa City, Iowa, et al Documents Original Notice;Foreclosure Petition; Exhibit(s) Instructions SERVE TO THE CITY CLERK ONLY. BE SURE TO GET THE FULL NAME OF THE CITY CLERK. Address City of Iowa City,Iowa 410 E Washington St,Iowa City, IA 52240 • Date&Time: Description of Service/Recipient: Age: Ethnicity: Gender: Weight Height: Hair: Eyes: Relationship: �1L as: • - /ee t) +t C `��� ) I hereby acknowledge ceipt of Y / above listed Documents 101198-2 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BANK OF AMERICA,N.A. 94-1687665 . EQUITY NO. PLAINTIFF, . VS. • • ORIGINAL NOTICE JUAN NEUTZE,ADRIANA • NEUTZE,CITY OF IOWA CITY, • IOWA, CACH LLC, PFM LC, L& • M ACCOUNTS, INC. AND STATE "r �A OF IOWA • • DEFENDANTS. : ry., ^"' TO THE ABOVE NAMED DEFENDANTS: IN) • 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 Law LLP, by Benjamin W. Hopkins, whose address is 1350 NW 138th Street,Suite 100,Clive,IA 50325. The Plaintiff's 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 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 INTERESTS. Process Server: Time: V Date: Address of Serve: - Person Being Served: [ ] Personal [ ] Substitute [ ] Posted [ 1 Corporate STATE OF IOWA JUDICIARY Case No. EQCV078280 County Johnson Case Title BANK OF AMERICA, N.A. V. JUAN NEUTZE, 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 at htto:llwww.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: htto l/www.iowacourls 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 calt your district ADA coordinator at (319)398-3920 (If you are heanng impaired,call Relay Iowa TTY at 1-800-735-2942.) Date Issued 08/03/2016 09:13:35 AMCirs':r. J V �� -74 A " 1'S 41/4';' 1 v7 'Sri, tpo.i7 . _ .. District Clerk of Johnson County - /s/Alison Meade N - E-FILED 2016 AUG 02 9:00 AM JOHNSON - CLERK OF DISTRICT COURT 101198-2 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY BANK OF AMERICA,N.A., 94-1687665 . EQUITY NO. PLAINTIFF: vs. • • PETITION JUAN NEUTZE,ADRIANA • NEUTZE,CITY OF IOWA CITY, 7.. IOWA, CACH LLC,PFM LC, L& M • ACCOUNTS, INC.AND STATE OF • IOWA, -vEi •• �7 DEFENDANTS.: ry COMES NOW Plaintiff, Bank of America,N.A.,and for its cause of action states: 1. That Plaintiff is an entity doing business in the United States of America. 2. That on or about March 31, 2005, Juan Neutze, a married person, ("Borrower(s)") made,executed and delivered a promissory note in writing for the sum of$96,000.00 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 March 31,2005 in order to secure the payment of the Note, Juan Neutze and Adriana Neutze,as husband and wife, ("Mortgagor(s)") made, executed and delivered to Iowa State Bank and Trust Company, a real estate mortgage(the "Mortgage") on the following described real estate (the "Mortgaged Property"): Lot 153 in Mount Prospect Addition- Part III to the City of Iowa City, Iowa, according to the plat thereof recorded in Book 15, Page 76, Plat Records of Johnson County, Iowa the Mortgage was filed for record April 5,2005, in Book 3860 Page 593 in the Recorder's Office of Johnson County, Iowa.A copy of the Mortgage is attached hereto and made a part hereof as E-FILED 2016 AUG 02 9:00 AM JOHNSON - CLERK OF DISTRICT COURT ry 0 rn . 1. 101198-2 P1 Exhibit"B". The Mortgage is a Purchase Money Mortgage. ry 4. That the Mortgaged Property is and at all times relevant hereto was the homestead of the Mortgagor(s). 5. 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. 6. 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 Borrower(s)to pay said installments, declares the Note in default,that there is now due and owing Plaintiff the sum of$76,781.45 with interest at 5.375%per annum from and including February 1,2016 plus late fees,attorney fees,abstract expense,protective advances and costs. 7. That Plaintiff provided all required notices, including notice of right to cure said default and notice of acceleration required pursuant to Iowa Code Chapter 654. 8. That the time to cure the default under Iowa law has now expired. 9.That the Note and Mortgage provide that if suit be commenced thereon, Borrower(s) and/or Mortgagor(s)will pay reasonable attorneys fees. An attorney fee affidavit is attached hereto and made a part hereof as Exhibit"C". 10. That the following parties 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: E-FILED 2016 AUG 02 9:00 AM JOHNSON - CLERK OF DISTRICT COURT. • rt 101198-2 PFM LC, Judgment, LACV074354, dated 04/25/2012, filed 04/25/2012, $5,678.01, plus interest and costs CACH LLC,Judgment,SCSC086553, dated 01/13/2015, filed 01/13/2015, $3,911.07, plus interest and costs L& M Accounts, Inc., Judgment, SCSC087037,dated 03/17/2015, filed 03/17/2015, $387.36, plus interest and costs State of Iowa,Judgment, OWCR108952,dated 11/06/2015, filed 11/06/2015, fine, surcharge and costs City of Iowa City, Iowa, Mortgage, dated 03/31/2005,recorded 04/12/2005 in Book 3862 Page 246, $31,500.00 11.That in the event Plaintiff is required to make protective advances, including advances for taxes, sewer rental, solid waste assessments or insurance on said real estate, Plaintiff should be given an additional lien thereon for such amounts so advanced. 12. 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 Mortgagor(s)only for the net profits after application of rents, issues and profits upon the cost of the expense of receivership and foreclosure and the indebtedness,charges and expenses hereby secured and herein mentioned. WHEREFORE PLAINTIFF PRAYS THE COURT: 1. That Plaintiff have personal judgment against Juan Neutze, a married person and judgment in rem against the Mortgaged Property for the amount of unpaid principal and interest on the Note, as provided in the Note and Mortgage and for late fees, attorney fees, abstract E-FILED 2016 AUG 02 9:00 AM JOHNSON -CLERK OF DISTRICT COURT F._._.- 10119852 ill expense, protective advances and costs. 2. 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. 3. That said judgment, together with interest, late fees, attorney 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 Defendants to this suit be declared junior to the right, title and interest of Plaintiff. 4. That in the event Plaintiff is required to make protective advances, including without limitation, advances for taxes or insurance on the Mortgaged Property,Plaintiff be given an additional lien thereon for such amounts so advanced, which shall be included in the judgment to be entered herein. 5. 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, late fees, attorney fees, abstract expense, protective advances and costs. 6. That special execution issue to satisfy said judgment, interest and attorneys'fees, 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, E-FILED 2016 AUG 02 9:00 AM JOHNSON - CLERK OF DISTRICT COURT 101198-2 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. 7. 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 Sheriff's 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. 8. That Plaintiff be granted such further relief as is just and equitable. PETOS41 .P By /4/4 Be ' Win pki . AT0003573 R • ' . Ho y a ,A 0010588 :51 W 13: i Street, Suite 100 li e, Iowa 50325-8308 Te ephone:(515) 222-9400 Facsimile:(515) 222-9121 Email: electronic@petosalaw.com ATTORNEYS FOR PLAINTIFF f _0 4% 12 N IIIIIIIIE 1 • 118IHX3 C. gm nal mug!caoltootiro+o PS 'poN of oAsm PPP Os o1 Poass mood sl'o* Jr .1 I of AsarcoIP a g" .tas t°� a9.000sp9aomn tae��ppt.yIy�o a1oxs Iowa N iaoRanouvyrow olaillo GIP aoold so rmo 1 •-�• [} ems 8 ift11 4M �lA � 00;1 Nov �Mama olzit*soostohm ....n. sopoo osoptqapromaPo+.gIil •nma+ogowpav Lix•dasd �+�1�p Tom: mn 6gmn •gl�ua.soNwarmOwCI ogtstminpwpiat,Ose�a�o*�J^ AEI =Fn amama=9segi,'NM 4Pilin o�tcnmmoPtawotoii * • ••Epp mso; datp.G CV vt44aasv�l+�auxi lr�aa �N �' f°4pai1� «,.. s atoloaotloBapMON l:.i', '"11 �'I1` 1k1!f'y M. 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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 1st day of August,2016 i . Hop.- AT00035 hibit"C" c. I .3.,.:..m. I pyo \1 a END OF CASE FILE Marian Karr From: Kathleen Thornton Sent: Tuesday, August 30, 2016 3:24 PM To: 'Brenda.lange@cesco.com' Cc: Eleanor M. Dilkes; Marian Karr Subject: Letter from Eleanor Dilkes re:435 S. Linn Street, Iowa City"General Contractor"CA Ventures Attachments: Letter fr. Eleanor Dilkes re-435 S. Linn St, Iowa City Gen'l Contractor CA Ventures.pdf Ms. Lange—please find attached a copy of a letter from City Attorney Eleanor Dilkes dated August 30,2016 re:435 S. Linn Street, Iowa City"General Contractor"CA Ventures.The original copy of this letter will be in regular mail today. T{{h��ankkyypou! tt eSIeeK 7 0eet/if Kathleen Thornton Administrative Secretary City Attorney's Office City of Iowa City 1 • .. . X11 CITY OF IOWA CITY UNESCO CITY OF LITERAL URE City Attorney's Office 410 East Washington Sweet Iowa City, Iowa 52240-1826 (319)356-5030 (319)356-5008 FAX www.icgov.org August 30, 2016 BY EMAIL AND REGULAR MAIL Crescent Electric Supply Company, Inc. Attn: Brenda Lange 7750 Dunleith Dr. East Dubuque, IL 61025-4418 Re: 435 S. Linn Street, Iowa City "General Contractor CA Ventures Dear Ms. Lange, I have received the Notice dated 08/19/2016 that you filed with the City of Iowa City. The notice incorrectly identifies the City of Iowa City as the property owner. By deed dated May 27, 2016 and recorded on June 3, 2016 in the records of the Recorder of Johnson County, Iowa, the City conveyed the property to CA Student Living Iowa City, LLC. Copies of your notice and the deed are enclosed. Please correct your files. Thank you. \ffig truly you 1 Eleanor M. Dilkes City Attorney Encl. Cc by email: City Clerk w 08/18/2016 NOTICE BY SUPPLIER OF LABOR OR MATERIALS TO A SUBCONTRACTOR 9214890107899930079513 CITY OF IOWA CITY 410 E.WASHINGTON ST IOWA CITY, IA 52240 Be advised that we are supplying Electrical Material and Supplies to your company, who we 0 understand to be a Contractor on the project; Rise at Riverfront Crossing/ 435 S Linn St/ Iowa City, Iowa / As recorded in the public records of JOHNSON County, Iowa / Property Control # 002+1015202001 PRIVATE; COUNTY SEAT ADDITION LOTS 1-4 BLK 1; OR 5512/ 776; . The furnishing of such materials and/or labor has commenced within the past thirty (30) days. This Notice is provided to you in compliance with the requirements of Section 572.33 of the Iowa Code. �) Agent For. Crescent Electric Supply Company Inc W/0:1613751 7760 Dunlefth Dr,East Dubuque,IL 010254419,US Job if:Br 17 E.267173 (815)747-3145 Date:06/19/2016 By:Jorge Irlban BrendaJangeecesco.com Contact Brenda Lange Rarloknt Woe Trecklna Stl Name AE EL411 Owner 9214886107699930079513 CITY OF IOWA CRY 410 E.WASHINGTON ST,IOWA CITY,IA 52240 General Contractor 92148901076999930079612 CA VENTURES 130 E.RANDOLPH ST,STE,CHICAGO,IL 60601 Contractor H H ELECTRIC CO INC 3201 LANTHAM DR,MADISON,WI 53713 • 1-, . 1. 1 ' r ,. , BK: 5512 PG: 776 Recorded: 6/3/2016 at 9:20:38.690 AM Fee Amount: $27.00 Revenue Tax: $0.00 Kim Painter RECORDER Johnson County, Iowa Recorder's Cover Sheet TITLE OF DOCUMENT: Warranty Deed Preparer Information: (name,address,phone number) Eleanor Dikes, City Attorney 410 Washington Street Iowa City, IA 52240 (319) 356-5030 Taxpayer information: (name,address) CA Student Living Iowa City, LLC do CA Ventures 130 E. Randolph Street, Suite 2100, Chicago, IL 60601 Return Address: (name,address) Polsinelli PC 161 N. Clark Street, Suite 4200,Chicago, IL 60601 Grantor(s): Grantee(s): City of Iowa City, Iowa CA Student Living Iowa City, LLC Legal description: (or page number location) Lots 1, 2, 3, and 4, Block 1, County Seat Addition to Iowa City, Iowa* *See Warranty Deed for complete legal description. • WARRANTY DEED For valuable consideration, CITY OF IOWA CITY, IOWA, a municipal corporation ("Grantor"), does hereby convey to CA STUDENT LIVING IOWA CITY, LLC, a Delaware limited liability company ("Grantee'), the following described real estate in Johnson County, Iowa Lots 1, 2, 3, and 4, Block 1, County Seat Addition to Iowa City, Iowa, according to the recorded plat thereof recorded in Book 1 and 2, Page 253, Deed records of Johnson County, Iowa and the vacated eastern 150-feet of the 80-foot wide Harris' on Street Right-of-Way located west of the Linn Street right-of-way and south of Lot 4 in Block 1, subject to a public access easement and a 15-foot storm sewer easement,in said County Seat Addition to Iowa City,Iowa. As set forth in Section 3 (a) and (b) of the Agreement for Private Redevelopment between the parties dated the 27th day of July,2015, as amended,if Grantee fails to complete the construction of the minimum improvements necessary to receive a certificate of completion therefore on or before August 31, 2019, then Grantor, its heirs and assigns, shall have the right to re-enter the premises at its option and,upon exercise of such re-entry,all right,title and interest of Grantee in the above-described premises shall cease and revert immediately to Grantor, its heirs and assigns; provided, however, upon delivery of evidence of a payment and performance bond naming Grantor as an obligee, in a form satisfactory to Grantor, Grantor shall cause a termination or such other document as may be requested by Grantee to be recorded in the records of Johnson County,Iowa confirming that such right of reversion has been terminated. Subject to restrictions of record, including but not limited to the restrictions on use imposed by virtue of the Agreement for Private Redevelopment dated the 27th day of July, 2015 between the City of Iowa City and CA Student Living Iowa City, LLC, as successor- in-interest to CASL Holdings, LLC, recorded at Book 5405, Page 86, of the Records of Johnson County,Iowa. This conveyance is exempt from Declaration of Value and transfer tax pursuant to Iowa Code Section 428A.2(6). 53160431.6 Grantor does hereby Covenant with Grantee, and successors in interest, that Grantor holds the real estate by title in fee simple; that it has good and lawful authority to sell and Convey the real estate;that the real estate is free and clear of all liens and encumbrances except as may be above stated; and Grantor covenants to warrant and defend the real estate against the lawful claims of all persons except as may be above stated. The undersigned hereby relinquish all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender,according to the context. [Signature page follows] 2 53160431.6 t Dated: frhy 27 ,2016 CITY OF IOWA CITY,IOWA, a Municipal Corporation S 2 Elia''A. Throgmorto ,Mayor •c: J o _f n7L ,,, .: , K. Karr,City Clerk .'• , , STATE OF IOWA ) )ss: JOHNSON COUNTY) � /� On this d 'day of Vp' , 2016,before me, the undersigned, a Notary Public in and for said County and State, Trfrrsonally appeared James A. Throgmorton and Marian K Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation;and that the said James A.Throgmorton and Marian K Karr acknowledged the execution of said instrument to be the voluntary act and deed and said municipal corporation,by it and by them voluntarily executed. V.( 1.-iLw Inn -1+_ Notary Public in and for the State of Iowa KATHLEEN M THORNTON .C$9i+� Commission Number 74093 Y ,„„• My Conmlission -7 - 7>e-74 to I 53160431.5 08/19/2016 NOTICE BY SUPPLIER OF LABOR OR MATERIALS TO A SUBCONTRACTOR 9214890107899930079513 CITY OF IOWA CITY 410 E. WASHINGTON ST IOWA CITY , IA 52240 Be advised that we are supplying Electrical Material and Supplies to your company, who we understand to be a Contractor on the project; Rise at Riverfront Crossing/ 435 S Linn St / Iowa City, Iowa / As recorded in the public records of JOHNSON County, Iowa / Property Control # 002+1015202001 PRIVATE; COUNTY SEAT ADDITION LOTS 1-4 BLK 1; OR 5512/ 776; . The furnishing of such materials and/or labor has commenced within the past thirty (30) days. This Notice is provided to you in compliance with the requirements of Section 572.33 of the Iowa Code. ,)7 � � � Agent For: Crescent Electric Supply Company Inc W/O: 1613751 / iL� 7750 Dunleith Dr, East Dubuque,IL 61025-4418 ,US Job#: Br 17 E.267173 (815)747-3145 Date:08/19/2016 By: Jorge Iriban Brenda.lange@cesco.com Contact: Brenda Lange Recipient Type Tracking## Name Address Owner 9214890107899930079513 CITY OF IOWA CITY 410 E.WASHINGTON ST,IOWA CITY,IA 52240 General Contractor 9214890107899930079612 CA VENTURES 130 E. RANDOLPH ST,STE,CHICAGO, IL 60601 Contractor H H ELECTRIC CO INC 3201 LANTHAM DR,MADISON,WI 53713 Pow(' c 036A.VP erg WO#1613751 -IA '4S1ll NATIONWIDE LW,F L 33454 5ce 1111 I I VIII II I III VIII I I II 1111 �T[ 9214 8901 0789 9930 0795 13 CITY OF IOWA CITY 410 E.WASHINGTON ST IOWA CITY, IA 52240 The Construction Notice printed on the reverse side of this document is only a notice and NOT A LIEN and is not recorded against your property. This notice is not a reflection of the credit worthiness or financial standing of any contractor nor is it an indication of their ability or desire to pay their bills. It is merely a letter informing the owner of the property and/or general contractor that Crescent Electric Supply Company Inc has supplied or will supply services, equipment and/or materials. Failure to ensure that their vendor is paid may result in a lien being placed on your property and your paying twice for the materials and/or services provided to you by the vendor listed on the opposite side of this notice. If you have paid or are about to pay your contractor, ask them for a release of lien to ensure their vendor is paid. If you have any questions about this notice, please call Nationwide Notice at (561) 228-1114. Notice of Completion, Notice of Cessation, Construction Lender: The undersigned requests a copy of the Notice of Completion, Notice of Cessation and the Construction Lender (if not listed on the reverse side) relating to the improvements of the property described on the reverse side of this document. If none is currently available, this is an ongoing request should one become available in the future. Please send a copy via fax to 561-439-6614, by email to ento@nationwidenotice.com or by certified mail to Nationwide Notice, Inc. PO Box 542165, Lake Worth, FL 33454. Bonded Projects: The undersigned requests a copy of the payment bond or trust relating to the improvements of the property described on the reverse side of this document. If none is currently available, this is an ongoing request should one become available in the future. Please send a copy via fax to 561-439-6614, by email to ento@nationwidenotice.com or by certified mail to Nationwide Notice, Inc. PO Box 542165, Lake Worth, FL 33454. Notice: If the work being done on the property described on the reverse side of this document is for improvements to the property which were ordered by a lessee/tenant, please forward a verified copy of the lease provision or a copy of the recorded Notice of Non-Responsibility to the undersigned by fax to 561-439-6614, by email to ento@nationwidenotice.com or by certified mail to Nationwide Notice, Inc. PO Box 542165, Lake Worth, FL 33454. If you fail to provide this information within 30 days, or serve a false or fraudeulent copy, your interest as lessor may be subject to a construction lien in favor of the undersigned. If you require information regarding contractor payment status, please contact Crescent Electric Supply Company Inc at the number located at the bottom of the notice. When calling to inquire about any aspect of this Notice, please reference work order number: 1613751. Respectfully, Nationwide Notice, Inc. END OF CASE FILE ' , 4, THE IOWA STATE THE LEGAL EOftT OF THE USE Official Form No.301 BAR ASSOCIATION KEVIN H. COLLINS FOR THIS FORM,CONSULT YOUR LAWYERF c�_� , r. THE IOWA DISTRICT COURT -+ JOHNSON COUNTY `-'--` N.' rr--•- sfici.0% LAW El '`'rn _?? I EQUITY EJ —: EP, .) ' NO.: L- Cly 0191414F3, Belle Plaine Nursery, Inc. Plaintiff(s), DATE PETITION FILED: k)1A5/1 (o VS. Calacci Construction Co., Inc., United Fire ORIGINAL NOTICE & Casualty Co., and the City of Iowa City , Defendant(s). TO THE ABOVE-NAMED DEFENDANT(S): You are notified that a petition has been filed in the office of the clerk of this court naming you as the defendant(s) in this action. A copy of the petition (and any documents filed with it) is attached to this notice. The name(s) and address(es) of the attorney(s) for the plaintiff(s) (is) (are) Kevin H. Collins.Nyemaster Goode, PC. 625 1st Street SE. Suite 400. Cedar Rapids, IA 52401 The attorney's(s') phone number(s) (is) (are) 319-286-7000 facsimile number(s) 319-286-7050 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 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 1-800-735-2942) (SEAL) CLERK OF COURT Johnson County Courthouse Iowa City, Iowa 52240 IMPORTANT:YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS ©The Iowa State Bar Association 2014 301 ORIGINAL NOTICE FOR PERSONAL SERVICE IOWADOC�S© � �/� Revised July 2013 C_L; 1, ,A,�',1 ev (u2-9 Q STATE OF IOWA JUDICIARY Case No. LACV078448 County Johnson Case Title BP NURSERY V. CALACCI CONS; UF&C CO, & CITY 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:/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:/lwww.iowacourts.state.ia.usiEfile 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 10/25/2016 03:37:00 PM .,0 r74TR1 •/4'ite, : •� 01)J :.i ° CD ,II�.dld-.5°1`x. C+7..< tV District Clerk of Johnson County .-. r m /s/ Wendy Lonngren CD-4 ca r N.) CD • E-FILED 2016 OCT 25 2:43 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY BELLE PLAINE NURSERY,INC. ) l �7 ) Plaintiff, ) Equity Case No. /" ( t. Q �d ) vs. ) ) PETITION CALACCI CONSTRUCTION CO., ) INC.,UNITED FIRE& CASUALTY ) CO., and The CITY OF IOWA CITY, ) ) Defendants. ) For its Petition, Plaintiff states: 1. Belle Plaine Nursery, Inc., "BPN" is a corporation organized and existing under the laws of the State of Iowa. 2. Calacci Construction Co., Inc., "Calacci" is a corporation organized and existing under the laws of the State of Iowa. 3. United Fire & Casualty Company "UF&C" is an insurance company with its principal place of business in Cedar Rapids, Linn County, Iowa. 4. The City of Iowa City is a city as defined by Iowa Code Chapter 372. 5. This action is brought pursuant to Iowa Code §573.16 to adjudicate all rights to the bond and retainage in connection with the public improvement for the City of Iowa City known as"Court Hill Park Sidewalk Infill Project." - 6. In 2014, the City of Iowa City entered into a written contract vim--Defendant Calacci for a public improvement known as the Court Hill Park Sidewalk Infill Projtt CO 7. Defendant Calacci as principal and Defendant UF&C as surety fu sed 40one,, incident to the work of which a copy is attached hereto as Exhibit 1. E-FILED 2016 OCT 25 2:43 PM JOHNSON - CLERK OF DISTRICT COURT 8. Plaintiff, BPN furnished labor and material for the performance of the Court Hill Park Sidewalk Infill Project. 9. BPN's work was done under a time and material contract with Calacci. 10. On February 22, 2016, BPN filed with the City of Iowa City a written itemized, verified claim pursuant to Iowa Code Chapter 573 that shows the items furnished by BPN for the public improvement. A copy of the claim is attached hereto as Exhibit 2. 11. The claim of BPN was timely filed. 12. The Court Hill Park Sidewalk Infill Project was accepted by the City on September 20,2016. 13. The City has not paid the full contract price of the improvement and there is no other pending action to adjudicate the status of the fund. 14. BPN has completed its contract and performed all conditions required of BPN to receive full and complete payment. 15. This action is brought less than 60 days and more than 30 days after the completion and final acceptance of the improvement by the City, which occurred on September 20,2016. No other parties have filed claims with the City in connection with this project. 16. After credits for payments made, there is presently due and owing to BPN the sum of$8,260.89 plus interest,costs,and attorneys' fees. 17. BPN is entitled to recover attorneys' fees pursuant to §573.21, Code of Iowa (2015). WHEREFORE, BPN prays for a judgment against Defendant Calacci Construction Co., Inc.,and United Fire&Casualty Company in the amount of$8,260.89 with interes€snd cosi. hN --in co r— �� 1 2p_-�77 cj fp ' E-FILED 2016 OCT 25 2:43 PM JOHNSON - CLERK OF DISTRICT COURT BPN further prays the Court adjudicate the amount of the retained percentage in the hands of the City and order it be used to pay BPN's claim and adjudicate the validity, amount, and priority of any and all other claims filed with the public corporation, and for such further relief as is equitable. To the extent that the retainage is insufficient to pay BPN's claim, BPN prays the Court enter judgment against United Fire&Casualty Company for said amounts. BPN prays for an award of Attorneys' Fees , interest and costs, and such other relief as the Court deems appropriate. (..tit...2., KEVIN . COLLINS AT0001671 NYEMASTER GOODE, PC 625 1ST ST SE, SUITE 400 Cedar Rapids, IA 52401 Telephone: (319) 286-7000 FAX: (319) 286-7050 khcollinse,nyemaster.com ATTORNEYS FOR PLAINTIFF C) ; - C) 9 "11 :.t r, Co N., CD 3 • E-FILED 2016 OCT 25 2:43 PM JOHNSON - CLERK OF DISTRICT COURT PERFORMANCE AND PAYMENT BOND Bond No. 54202405 Calaccl Construction Co., Inc. , as (insert the name and address or legal title of the Contractor) Principal, hereinafter called the Contractor and United Fire& Casualty Company (insert the legal title of the Surety) , as Surety, hereinafter called the Surety, are held and firmly bound unto the City of Iowa City, Iowa, as obligee, here.nafter called the Owner, in the amount of One Hundred Forty-Three Thousand, Eight Hundred Eight and 00/100 Dollars ($ 143.808.00 ) for the payment for which Contractor and Surety hereby bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has, as of , 2014 , entered into a (date) written Agreement with Owner for Court Hill Park Sidewalk Infill Project; and WHEREAS, the Agreement requires execution of this Performance and Payment Bond, to be completed by Contractor, in accordance with plans and specifications prepared by the Iowa City Engineering Division, which Agreement is by reference made a part hereof, and the agreed-upon work is hereafter referred to as the Project. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Agreement, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect until satisfactory completion of the Project. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declarec by Owner to be, in default under the Agreement, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Project in accordance with the terms and conditions of the Agreement, or ^� 2. Obtain a bid or bids for submission to Owner for completing thec?rQject`.g accordance with the terms and conditions of the Agreement; and upon- mina+ tion by Owner and Surety of the lowest responsible bidder, arrange for4(69ntraot between such bidder and Owner, and make available, as work progres§est(et1 though there may be a default or a succession of defaults under the Agreeientor subsequent contracts of completion arranged under this paragraph), suffici tit PB-1 EXHIBIT I E-FILED 2016 OCT 25 2:43 PM JOHNSON - CLERK OF DISTRICT COURT funds to pay the cost of completion, less the balance of the Contract Price, but not exceeding the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Agreement, together with any addenda and/or amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and Contractor's Surety shall be obligated to keep the improvements covered by this bond in good repair for a period of five (5) year from the date of formal acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person, corporation or third party other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the Principal and Surety, in accordance with provisions of Chapter 573, Code of Iowa, shall pay to all persons, firms or corporations having contracts directly with the Principal, including any of Principal's subcontrac- tors, all claims due them for labor performed or materials furnished in the performance of the Agreement for whose benefit this bond is given.The provisions of Chapter 573, Code of Iowa,are a part of this bond to the same extent as if it were expressly set out herein. SIGNED AND SEALED THIS DAY OF 2014 IN THE PRESENCE OF: Calacci Construction Co., Inc. ( (Princip ) Ee.(4 F411 k Witness Teresa L. Elliott (Title) John B. Calacci President Ord Fire&Casualty Corn any 11, 441. ( tY) \1Vitness Sunny Bart nhagen ' Dione R. Young cm!) rit! Attorney-in-Fr a `` Holmes Murphy&Associates, Inc. N P.O. Box 9207 --J.'', r.� -�— (Street) rn7-14 Des Moines, IA 50306-9207 ? (City, State,Zip) CD ry (515)223-6800 (Phone) PB-2 ' E-FILED 2016 OCT 25 2:43 PM JOHNSON - CLERK OF DISTRICT COURT UNITED FIRE&CASUALTY COMPANY HOME OFFICE -CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company-See Certif.cation) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa,does make, constitute and appoint KEVIN J. KNUTSON, OR JACQUELINE M. DEVINE, OR JODY A. DECKER, ALL INDIVIDUALLY OF THE CEDAR RAPIDS, IA OFFICE, OR CRAIG E. HANSEN, OR JAY D. FREIERMLTH, OR BRIAN M. DEIMERLY, OR CINDY BENNETT, OR ANNE CROWNER, CR TIM MCCULLOH, OR STACY VENN, OR LACEY CRAMBLIT, OR SHIRLEY S. BARTENHAGEN, OR KYLEE HEUSI, OR DIONE R. YOUNG, ALL INDIVIDUALLY of DES MOINES IA its true and lawful attorney-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature as follows Any and Alt Bonds and to bind UNITED FIRE&CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted is continuous and shall remain in full force and effect until revoked by United Fire & Casualty Company. This power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by Board of Directors of the Company on May 16,2012. "Article VI -Surety Bonds and Undertakings" Secticn 2, Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Company may from time to time appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature The signature of any officer authorized hereby and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal,when so used, being adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. Such attorneys-in fact, subject to the limitations set fortn in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President,the Board of Directors or any other officer of the Company may at any fine revoke all power and authonry previously given to any attorney-in-fact. IN WITNESS WHEREOF, the UNITED FIRE&CASUALTY COMPANY has caused these presents to be signed by „0,,.,,, its vice president and its corporate seal to be hereto affixed this 3rd day of January, 2013 a. am ....`s UNITED FIRE&CASUALTY COMPANY _, 3�� By lyVly "`S ....,.;—, Vice President State of Iowa,County of Linn,ss: On 3rd day of January, 2013, before me personally came Dennis J. Richmann to me known, who being by me duly sworn, did depose and say. that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE&CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation, that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authonty given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. ,at+t 0 Judith A.Davis j�,— A i Iowa Notarial Seal Commission number 173041 Notary Public • O*A My Commission Expires 04/23/2015 / My commission expires: 04-23-2015 I, the undersigned officer of the UNITED FIRE&CASUALTY COMPANY,do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the by-laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the vrnote of the said originals, and that the said Power of Attorney has not been revoked and is now in full f7i(ce and effect. In testimony whereof I have hereunto subscribed my name and affixed the corporate sealtittesaict-6pmpan_y this day of 2014. >� zy .▪-,-----,-,..% --ic-) CO iath ,._,..:,,e,-<r—(....... ,i12,4 ,,, . • ... Secretarl g BPOA0019 0113 • • E-FILED 2016 OCT 25 2:43 PM JOHNSON - CLERK OF DISTRICT COURT LE P LA/A%• OA A tw -nd Companies Since 1878 To: City Clerk of Iowa City CD --a --4 Subject: Iowa City Court Street Sidewalk Infill Project �— 71,4 rn General Contractor: Calacci Construction Company ru . Please find attached documentation. Please return the"Copy"packet with received date and time stamp for our records. Please return these papers in the return addressed envelope included. Thank you for your time, (---i:44"—Ice Van�� Project Manager of Belle Plaine Nursery, Inc C (4101-d14,--/-e--) rte' G 7 -fit ) Pis' C4 4 jr) r•_) ry Belle Plaine Nursery and Companies since 1878 Phone: 1-888-202-BPNC(2762) EXHIBIT 2 P.O Box 137 Belle Plaine Iowa 52208 E-FILED 2016 OCT 25 2:43 PM JOHNSON - CLERK OF DISTRICT COURT NOTICE OF CLAIM AGAINST CONTRACTOR Under the Provisions of Chapter 573 of the Code of Iowa TO: City of Iowa City DATE: February 18, 2016 City Clerk 410 East Washington Street Iowa City, Iowa 52240 {{ C- c f-1 --�c2 co RE: Iowa City Court Street Sidewalk Infillrr3 =` r "7:1 Court Street Between 2709&2910 East Court Street Iowa City,Iowa 52245 IN) Calacci Construction Company Inc. (General Contractor) 207 Scott Court Iowa City, Iowa 52245 YOU ARE HEREBY notified that, pursuant to Chapter 573, Code of Iowa,Belle Plaine Nursery and Companies has filed the attached Claim Against Contractor pertaining to the above Project with the Board of Regents, State of Iowa. >=I e an Wyk, General M.ft for U Belle Plaine Nursery, Inc PO Box 137(506 4th Avenue) Belle Plaine, Iowa 52208 Phone—319-444-3021 Fax—319-444-3 021 1-- N) A- E-FILED 2016 OCT 25 2:43 PM JOHNSON - CLERK OF DISTRICT COURT CLAIM AGAINST CONTRACTOR Under the Provisions of Chapter 573 of the Code of Iowa TO: City of Iowa City DATE: February 18,2016 410 East Washington Street Iowa City, Iowa 52240 a77.7 We,the undersigned E2--e.. N .. Belle Plaine Nursery and Companies (Claimant) r '2 PO Box 137 = rn Belle Plaine, IA 52208 c 3> herewith files claim against Calacci Construction Company Inc. (General Contractor) 207 Scott Court Iowa City,Iowa 52245 for labor, material,service,and/or transportation furnished by us and used by said General Contractor in the construction of the public improvement project described as Iowa City Court Street Sidewalk Infill Court Street Between 2709&2910 East Court Street Iowa City, Iowa 52245 La-.3 as per the attached itemized exhibit showing a net amount due of Seventeen thousand three hundred and five dollars and fifty five cents($17,305.55) () Qti -71 • ra .:1Y I. i i • �' I 4 j - _ter N • E-FILED 2016 OCT 25 2:43 PM JOHNSON - CLERK OF DISTRICT COURT ca Q `r : -11 '--4 cc?) ..�.,. C')-< N r. 74,-, co CLAIMANT'S AFFIDAVIT ' +T =� m W State of Iowa ) y N )ss — County of Benton ) I, Lance Van Wyk, General Manager of Belle Plaine Nursery and Companies,do solemnly swear that the several items included in the above statement of claim are just, true, and remain wholly unpaid and that the General Contractor was notified as to the amount, kind, and value of said services and materials so furnished and/or by itemized invoices rendered to said Principal Contractor during the progress of the work. Belle Plaine Nursery and Companies(Claimant) L e an Wyk ("(,,) Subscribed and sworn to before me this %g day of February 2016. I/ G�t'titfae.- N ary Public- to of Iowa J WARD =JCCq,. Commission Number 781800 My Commission Expires • December 19,2016 O C;. m s n N) . cj ' • E-FILED 2016 OCT 25 2:43 PM JOHNSON -CLERK OF DISTRICT COURT lefieeet loare.4. -1,...,-' / r ', Invoice and Cc panic;. Purchase Order Invoice No Date Sinc 1878 Belle Plaine Nursery Inc.&Co. 3029 7/25/2015 P.O.Box 137 Belle Plaine,IA 52208 Job No./Job Name Account No Terms t=a Phone.319-444-3021 Fax:319-444-3021 11369 _ rn Court Street Sodding-Calacci c -':Calacci Construction Company --1C) CoCD 207 Scott Court .'. 7int ,. P.O. Box 1906 ✓;d _; Iowa City, Iowa 52244-1906 ..<„ W } N _ 1 Description 1 Date Quantity I Unit I Unit Price 1 Ext Price Labor-Construction(Jorge) 6/22/2015 6 Hr 57.50 345.00 Labor-Construction(Tim) 6/22/2015 8.75 Hr 57.50 503.13 Labor-Construction(Marcos) 6/22/2015 8.75 Hr 57.50 503.13 Labor-Construction(Jorge) 6/30/2015 12 Hr 57.50 690.00 Labor-Construction(Tim) 6/30/2015 12 Hr 57.50 690.00 Labor-Construction(Marcos) 6/30/2015 13 Hr 57.50 747.50 Labor-Construction(Jorge) 7/1/2015 12.5 Hr 57.50 718.75 Labor-Construction(Tim) 7/1/2015 12.5 Hr 57.50 718.75 Labor-Construction(Marcos) 7/1/2015 12.5 Hr 57.50 718.75 Labor-Construction(Jorge) 7/2/2015 6.75 Hr 57.50 388.13 Labor-Construction(Tim) 7/2/2015 11.25 Hr 57.50 646.88 Labor-Construction(Marcos) 7/2/2015 10.3 Hr 57.50 592.25 Labor-Construction(Jared) 7/2/2015 11 Hr 57.50 632.50 ~, Labor-Construction(Andrew) 7/2/2015 10.5 Hr 57.50 603.75 Labor-Construction(Frank) 7/2/2015 7.25 Hr 57.50 416.88 Dingo 322 7/2/2015 25 Per Hour 34.25 856.25 i Labor-Construction(Laren) 7/2/2015 4.5 Hr 57.50 258.75 ' Dingo-Harley Rake 7/2/2015 20 Per Hour 16.74 334.80 0 Bobcat-S205 7/2/2015 2 Per Hour 30.00 60.00 Truck-L8000 Ford 7/2/2015 5.5 Per Hour 50.00 275.00 Truck-Trailer 7/2/2015 5.5 Per Hour 25.00 137.50 Truck-Ford F-250 7/2/2015 4 Per Hour 35.00 140.00 Truck-Dump Trailer(CornPro) 7/2/2015 4 Per Hour 30.00 120.00 STIHL Stick Edger 7/2/2015 4.25 Per Hour 12.00 51.00 Honda Hand Tiller 7/2/2015 35 Per Hour 25.00 875.00 Fertilizer- 13-26-5(For New Sod/Seed) 7/2/2015 1 Bag 47.42 47.42 Hydro-AquaGel B, 16 lb x 2 7/2/2015 15 Lb 2.50 37.50 Sod Layer Magnum 7/25/2015 1 Per Hour 45.00 45.00 Sod Pallets-Meyers'Sod 7/25/2015 1200 SQ FT 0.23 270.00 Sod Rolls-Meyers'Sod 7/25/2015 2800 SQ FT 0.23 630.00 N __ Cly t.,-: ry 1‘.. 1 7•''''°. i i~ • 3 Make all checks payable to Belle Plaine Nursery,Inc.P.O.137,Belle Plaine,Iowa 52208 If you have any questions cgnperq!9 this iiv�fce, contact the office at(319)444-3021. THANK YOU FOR YOUR BUSINESS! .. Terms: c Net 10 days from invoice date and is due when received. Amounts owed 15 days past invoice date are past due.Late Payment charges will be billed on all past due amounts at the rate of two percent(2%)per month,equivalent to twenty four percent(24%)per year.An additional service charge of$35.00 to$50.00 will be billed per month for all invoices owed 35 days past the invoice date. • E-FILED 2016 OCT 25 2:43 PM JOHNSON - CLERK OF DISTRICT COURT 10 • Invoice and Cc .ponies Purchase Order Invoice No Date Sim, 1478 Belle Plaine Nursery Inc.&Co. 3029 7/25/2015 P.O.Box 137 Belle Plaine,IA 52208 Job No./Job Name Account No Terrfl5't1 r Phone:319-444-3021 Fax:319-444-3021 11369 � ,`"1 Court Street Sodding-Calacci Calacci Construction Company .„4.r" rj_ 207 Scott Court P.O.Box 1906 : G? Iowa City, Iowa 52244-1906 CJ Description I Date ; Quantity Unit Unit Price Ext Price Subtotal $13,053.62 Taxable Tax Amount.Due . Si 3,053.62 ;est $1 CIL-10 — y ggl-► ars •••":'"e D - ii l J - . N) Make all checks payable to Belle Plaine Nursery,Inc.P.O.137, Belle Plaine.Iowa 52208 If you have any questions concerning this invoice, contact the office at(319)444-3021. THANK YOU FOR YOUR BUSINESS! Terms: Net 10 days from invoice date and is due when received. Amounts owed 15 days past invoice date are past due.Late Payment charges will be billed on all past due amounts at the rate of two percent(2%)per month,equivalent to twenty four percent(24'%)per year.An additional service charge of 535.00 to$50.00 will be billed per month for all invoices owed 35 days past the invoice date. i j ;c J) -- -Job 11369 Court Street Sodding_ Calacci - Group 1 Sodding T&&M --- - ---- F J-Le-- - -- _ _ - - -- --- -- Employee i 'Timecard Batch ... .. No Name 2Q16 OCT 28 P?ate2 ! ;Hours Timecard Batch Description " t i . �_% Group : 1(0.00, 0.00, 0.00, 0.0? ,tbS ERK 2016 FED 22 A 10: 2- jJ!TA CITY. ity!, H 58 Manzo Padilla, Jorge on 06/22/15 6.00 203 06/21 - 07/04 ! ;-, ,, y: - o 34 Patlan, Marcos M Mon 06/22/15 8.58 203 06/21 - 07/04 r';•' �-R 0 94 Traynor, Timothy Lawrence Mon 06/22/15 8.06 203 06/21 - 07/04 E c~n 34 Patlan, Marcos M Mon 06/22/15 0.17 203 06/21 - 07/04 0 u_ 94 Traynor, Timothy Lawrence Mon 06/22/15 0.69 203 06/21 - 07/04 rx w 58 Manzo Padilla, Jorge Tue 06/30/15 10.21 203 06/21 - 07/04 o 34 Patlan, Marcos M Tue 06/30/15 10.46 203 06/21 - 07/04 0 94 Traynor, Timothy Lawrence Tue 06/30/15 10.85 203 06/21 - 07/04 O 58 Manzo Padilla, Jorge Tue 06/30/15 1.79 203 06/21 - 07/04 ° 34 Patlan, Marcos M Tue 06/30/15 2.54 203 06/21 - 07/04 CI_ 0, 94 Traynor, Timothy Lawrence Tue 06/30/15 1.15 203 .06/21 - 07/04 N 58 Manzo Padilla, Jorge Wed 07/01/15 10.64 203 06/21 - 07/04 O 34 Patlan, Marcos M Wed 07/01/15 10.15 203 06/21 - 07/04 94;Traynor, Timothy Lawrence Wed 07/01/15 11.30: 203'06/21 - 07/04 o __-- _ __ -�_ __ —_.� -- — -- -f-- ----- ___-; o 58jManzo Padilla, Jorge - Wed 07/01/15 _ 1.861 203;06/21 - 07/04 —J 34 Patlan, Marcos M ;Wed 07/01/15 i 2.35; 203 j06/21 - 07/04 ! LL .941Traynor, Timothy Lawrence i Wed 07/01/15 ' 1.20: 203'06/21 - 07/04 1 ��( ++ S1 1 1 160.55 j - 1"4:75,- CTiAi KP'�'�°� .F...�,� Y i-R''S1`'f:*4: jrv.4?!' fit• .—.. _x..a>..�,•-.:._ ....,,,.,,;,.y...:•.i..e�:_,:...__._ _;,••_:., . ;_..-d,,,..y.a,,...L.', ...,..a: ..... ti....,.::3...rre i..a—,...._:i- ....._.iw. .we�.^ ,.. •.':tt�'j. ii .i�.,.........__..._.—. Printed by LANCE on 08/14/2015 09;22 AM il _c_li 3 _. __ __. T 1 _ . .a.t, 0 ._ __. ____ . __ . . Employee FILEName Date Hours Timecard Batch Timecard Batch No Desplption� I-) 58 Manzo Padilla, JP� o�T 28 PH 3:1110 07/02/15 5.74 203 06/21 - 07/04 34 Patlan, Marcos M CITY CLERK Thu 07/02/15 8.94. 2032IIA i -(•0 7/OAF! f3: 2- D 94 Traynor, Timothy LawrenclJY' 10 '+hu 07/02/15 10.17 203 0,6/.1°-'_07/04 o 4 Fetter, Jared John Thu 07/02/15 11.00 203 06/21 - 07/04 1- U EE 70 Young, Andrew Thu 07/02/15 10.50 203 06/21 - 07/04 u) O 58 Manzo Padilla, Jorge Thu 07/02/15 1.01 203 06/21 - 07/04 L_ O 34 Patlan, Marcos M Thu 07/02/15 1.36 203 06/21 - 07/04 Y O 31 Pecina-Flores, Francisco Javier Thu 07/02/15 5.89 203 06/21 - 07/04 z 88 Inman, Joshua D. Thu 07/02/15 1.00 203 06/21 - 07/04 o 14 Wille, Laren Ray ,Thu 07/02/15 4.50 203 06/21 - 07/04 O 31 Pecina-Flores, Francisco Javier Thu 07/02/15 1.36 203 06/21 - 07/04 a 94 Traynor, Timothy Lawrence Thu 07/02/15 1.08 203 06/21 - 07/04 co ..t. 160.55 In N .!.,.. . .-... a:v...n..r..... _ -._...�..___.- .r.. ..a-1,vw.wtr.a:'...a4aa .g..i }.'.-.rc•.ar...xrt.. �a.a a-.a... ......_ (0 T 0 N 0 W J_ W Printed by LANCE on 08/14/2015 09:22 AM • E-FILED 2016 OCT 25 2:43 PM JOHNSON - CLERK OF DISTRICT COURT la LLE P LAINt,. /got iiiier 34. Invoice and Cc canoes Purchase Order Invoice No Date Sinc ;878 Belle Plaine Nursery Inc.&Co. 3119 11/10/2015 P.O.Box 137 Belle Plaine,IA 52208 Job No./Job Name Account No Terms I Phone:319-444-3021 Fax:319-444-3021 11369 Court Street Sodding-Calacci 2143 Iv Calacci Construction Company 207 Scott Court a` P.O.Box 1906 --i-i y Iowa City, Iowa 52244-1906 n fV �+.. -4 C`7 CO i1 r `ern -t-) Description I Date ' Quantity ' Unit i Unit Price _ ExtPrice Sod-Delivery 11/9/2015 400 SQ FT 0.it c260.0 Labor-Construction (Jorge) 11/9/2015 10.5 Hr 57.50 N 603.75 Labor-Construction (Tim) 11/9/2015 10.5 Hr 57.50 -- 603.75 Labor-Construction (Marcos) 11/9/2015 10.75 Hr 57.50 618.13 Truck-Ford F-250 11/9/2015 2 Per Hour 35.00 70.00 STIHL Stick Edger 11/9/2015 1.5 Per Hour 12.00 18.00 Fertilizer- 13-26-5(For New Sod/Seed) 11/9/2015 1 Bag 47.42 47.42 Sod Pallets-Meyers'Sod 11/9/2015 400 SQ FT 0.23 90.00 Subtotal $2,311.05 i Taxable Amount Due $2,311.05 i V (0‘......_ __,i u N C=7 i I ti.? r..) Make all checks payable to Belle Plaine Nursery,Inc.P.O.137,Belle Plaine,Iowa 52208 If you have any questions concerning this Invoice, contact the office at(319)444-3021. THANK YOU FOR YOUR BUSINESS! Terms: Net 10 days from invoice date and is due when received. Amounts owed 15 days past invoice date are past due.Late Payment charges will be billed on all past due amounts at the rate of two percent(2%)per month,equivalent to twenty four percent(24%)per year.An additional service charge of$35.00 to$50.00 will be billed per month for all invoices owed 35 days past the invoice date. P c`.7.--;\Belle Plaine Nursery Inc. &Co. Timecard Manager Pending Hours F t ri = 1 Of 1 Job 11369 Court Street Sodding -Calacci -Group 1 Sodding 8t FILE Employee �y No iName 101619 th$ P J: 21 Hours Timecard Batch Timecard Batch Description I __ : 1016 FEB 22 s:i1 l$: 2y • QGroup : 1(0.00, 0.00, 0.00, ? , I-41 ,CY t o 58lManzo Padilla, Jorge MonI11/09/15 1 7.601 213111/08 -i11/21POSTED I 0 34!Patlan, Marcos M~ Mon 11/09/15 1 7.50 213111/08 - 11/21POSTED co 94 Traynor, Timothy LawrE Mon 11/09/15 6.46 213 11/08 - 11/21POSTED 0 O 58 Manzo Padilla, Jorge Mon 11/09/15 2.90 213 11/08 - 11/21POSTED cc 34 Patlan, Marcos M Mon 11/09/15 3.25 213 11/08 - 11/21POSTED J - - - - - - - - - ------- -- - — - ------ _ ^- cp 94`Traynor, Timothy LawrEl Mon 11/09/15 ! 4.04; 213 11/08 - 11/21POSTED I o z 31.75 f ;: r 7M ,r.0 t t 1f , 'A 1. - i&' ,tea Q ,..."N,,,.4:�..�:'�'l')`:,w��,ppf���"�� ,Y s �, ��y�S� '�",�,twn a'R"S t �S rr�G� }x{-;�#r�'� p,4 .r s'+t ��R Y,^ Gi"1� 5r' 1, :i' �� h';�� a fi✓;.� � .�.,�.v ��'paJiu' IJ } �.. ''C` '3.�.. 2• �� �^4,--4:t ti'',Z;P i-� TT , 1`4 Yrs •j. " ,+: •-", 1 ,lv.� .i r ,; . > -_,Te. --,4 a .. �� .y.ew K,,.�.i� :i!lF� F',^+'a.^yt':S dx'�•7o �7�',y'ICj J l t. + . ,. - . -^. C co N in N I— U O o 0 N 0 w J_ L_ LL r E-FILED 2016 OCT 25 2:43 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY BELLE PLAINE NURSERY,INC. ) ) Plaintiff, ) Equity Case No. ) vs. ) ) AFFIDAVIT-COMPENSATION OF CALACCI CONSTRUCTION CO., ) ATTORNEY(S) INC.,UNITED FIRE& CASUALTY ) CO.,and The CITY OF IOWA CITY, ) ) Defendants. ) STATE OF IOWA, ) )ss: COUNTY OF LINN ) The undersigned, an attorney of record for the Plaintiff in the above-captioned case, does solemnly swear (or affirm) that there is no contract, agreement or arrangement, either oral or written, express or implied, contemplating any division of compensation for services rendered in the above entitled proceedings or participation of such compensation, directly or indirectly, by any other person(s), firm or corporation with such attorney except (if shown by these proceedings) other legal counsel in a regular and bona fide law partnership with or associated with the undersigned in the above entitled matter, or jointly serving with him, as attorney, in relation to this action. KEVIN H. COLLINS AT0001671 NYEMASTER GOODE, PC 625 1ST ST SE, SUITE 400 Cedar Rapids, IA 52401 Telephone: (319) 286-7000 FAX: (319) 286-7050 khcollins@nyemaster.com ATTORNEYS FOR PLAINTIFF Subscribed and sworn to before me this , day of &I-D= 37116.SHARON K.CARNEY Com?-'E N rata F Cd mielion Number 166430 (!if' ,- C it/Commission Expires r i / September 4,2019 Notary Pu is in and for said StaN F N END OF CASE FILE A IR William R. Stiles DICKINSON LAW (515)246-4551 Dickinson nRtaCkam<an Tyler& PC. wstiles@dickinsonlaw.com 13, 2016 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 Area X 6301 Kirkwood Blvd SW Cedar Rapids, IA 52406 Re: Assessed Valuation Litigation Settlement (2015) ^—;1 C, --4 C-71 ._... ,h �� FROM: William Stiles —4'1 1 • 6 Special Counsel for Iowa City Board of Review Hy-Vee Food Stores, Inc. and Consolidated Properties Inc. own certain real'estate and improvements located in Iowa City, Johnson County, Iowa, known as parcel number 10-02-326-004 and bearing a street address of 1201 N. Dodge Street, Iowa City, Iowa. The City Assessor valued that property and improvements in the amount of $2,228,200.00 as of January 1, 2015. Hy-Vee Food Stores, Inc. and Consolidated Properties Inc. appealed to the Board of Review which upheld those amounts, and then Hy-Vee Food Stores, Inc. and Consolidated Properties Inc. appealed to the Johnson County District. 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 699 Walnut Street, Suite 1600, Des Moines, IA 50309 Phone: 515.244.2600 Fax: 515.246.4550 wsNw.dickinsonlaW.COIII / `.. DICKINSON,MACKAMAN,TYLER&HAGEN,P.C. October 13, 2016 Page 2 agreement without the necessity of an actual trial. In this case, an agreement was reached with Hy-Vee Food Stores, Inc. and Consolidated Properties Inc. regarding the assessed value of the above property for the assessment year of 2015. Thus, the agreement reached provided that the real estate and the improvements on the property will be assessed at $2,100,000.00 for the assessment year of 2015. 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, �/ 1 iam R. Stiles WRS/csb r� Q 6 Q` c —t C') ---1 u Co END OF CASE FILE