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HomeMy WebLinkAbout2019 LawsuitsL CLAIM AGAINST CONTRACTOR FILED (Under Provisions of Iowa Code Chapter 573) 2019 FE9 I I A:111: 4 ! Date: February 6th, 2019 r! TY Cl F TO: City of Iowa City 410 E Washington Street Iowa City, IA 52240-1826 We, the undersigned: G -MAC Door & Hardware Co. Claimant 695 7 th Street, East Moline, IL 61244 Address lisa@gmachardware.com E -Mail Address herewith file the claim against tv Construction Iowa Citv, IA 52246 Prime Contractor Address E -Mail Address for labor, material, service, and/or transportation furnished by us and used by said Prime Contractor in the improvements at: Riverfront Crossings Park - Phase 3, 1001 South Clinton Street, Iowa City, IA PO#8 110M (Project Title, Job #, Project #) as per the attached itemized exhibit showing a net amount due of _Twelve thousand,one hundred and twenty two Dollars ($-12,122.00_). Claimants Affidavit State of Illinois SS: County of Rock Island I ( iSQ (name) , theoornwoA 1"'X0 (title) of G -MAC D or & Hardware Co.,(company), do solemnly swear that the several items mentioned in the within statement and attached exhibit(s) are just, true and wholly unpaid; that the prime contractor has been notified within 30 days after the materials are furnished or by itemized invoices rendered to Tkorr_-er. \ L�� [RVd YNt 1 %QOXI 7oclGt"I k%- T�::r.Q._c.v i prime contractor during the progress of the worka nt, kind and value of the material furnished for, use 0it �1 Uid public improvement. Subscribed and swo this `7 OFFICIAL SEAL STEVEN A. ROSALES NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES 3-42032 2019 FEB I I �11 11= 41 Go -MAC Door & Hardware Co. By: (name) itle) c to before me by L� 54 day of 7r�j_ —' , 2019. Notary Public LETTER OF TRANSMITTAL City- Construction I 2346 Mormon Trek Blvd. Suite 2500 CIT)r 52246 -tow,(ICig) 3 -5100 CONFIRM COORDINATION WlFjyi '' � ' matm'(319)939-slop CONSTRUCTIO ACCESS CONTROL SYSTEM yconstfax 9)338-5151 �obe rt@citycanstructi on.bu ild COLLABORATE CONSTRUCT DEuvER SUBMIT: KNOX BOX INFORMATION TO: Ben Sandell Confluence 900 2nd Street SE, Suite 1D4 Cedar Rapids, IA 52401 Project: Riverfront Crossings Phase 3 1001 S. Clinton Street Iowa City, IA 52240 Owner: City of Iowa City Date: 6/3/2018 Owner's Project # R4195 City Construcion's Project # 1-088 WE ARE SENDING YOU: 0 Attached 0 Under separate via the following items: 13 Shop Drawings 0 Prints t3 �cover Plans IJ Samples I7 Copy of Letter Q Change Order Req 13 Specs 13 Other Copies I Date I Number 1 613/18 108 11 13 Doors, Frames, Hardware THESE ARE TRANSMITTED AS CHECKED BELOW: © For Approval I] Approved As Submitted 13 For your Use Q Approved As Noted Q As Requested Q Returned for Corrections Q For Review & Comment I] Revise and Resubmit 13 FOR BIDS DUE: 13 Prints Returned After Loan to Us REMARKS: CC: REVIEWED AS NOTED City Construction Date: 6/3/18 By: Robert Amundson Note: This does not relieve the subcontroctar andlor vendor for corroot dimensions and quamltiss, unless otherwise noted No change from contrast drawings will be approved unless the change Is specifically requested and approved by letter. Riverfront Crossings Park, Phase 3 Project # R4185 City of Iowa City, Iowa City, IA -Ile No: 08 11 13 13 Resubmit 13 Submit - E3 Return ❑ Reviewed © Furnish as Corrected Rejected ❑ Revise and Resubmit ® Submit Specific Item This review is only (of general conformance with the design concept of the prolxct and general compliance with the information given in the Conlraet Documents. com,,tmos or rnmmems made on the shop drawings dunng this review do not relative contractor from cnmplianco with the requirements Of the plans and specl¢alions. Approval of a specific gem shag not mctude approval of an assembly of which the Mem is a (ongxsxent Contractor is responsible for dimensions to be wnfnmed and correlated at the )ob$AO., information that pertains solely to the fabnwtion proceesea or to the means. methods, techniques, sequences and pron!dures of Construction coordination of Ns Or her Work with Thaler all Other trades'. and for pedxmting all work if a sate and sabslacltvy manner ROHRBACH ASSOCIATES PC IDate 6/11/18 By RAPCNVTD DOOR TO BE INSULATION -FILLED - 08 11 13-2 2.03, B, 2 SI [N 'NiNd ffild 011 10W Robert Amundson, Project Manager qw*I ,aNSTRUCTION COUABONArE CONSINUCI U[Jvbk Buyer: City Construction 2346 Mormon Trek Blvd., Suite 2500 Iowa City, IA 52246 Phone: (319) 338-5100 Fax: (319) 338-5151 Seller: May 10, 2013• G -Mac City, of Iowa City 695 7th St. Confluence East Moline, IL 61244 Attu: David Steele Phone: (309)278-1072 Email: davids@gmachardware.com ED STANDARD PURCHASE A 2�I T jl: 4 Date: May 10, 2013• Project Owner: City, of Iowa City Project Architect: Confluence P.O Number: 1-088 Cost Code: 8 110 M Completion Date: October I, 2018 Project: Riverfront Crossings Park - Phase 3 1001 South Clinton Street Iowa City, IA 52240 Contract Dollar Price: $12,122 Taxes: Tax Exempt Terms: Net 30 Delivery/Shipment Date: TBD Required on the Jobsite Date: TBD Delivery Location: 1001 South Clinton Street, Iowa City, IA 52240 F.O.B: Jobsite Pay Application or Invoices Due: 25h of each month Send Pay Requests to: City Construction; 2346 Mormon Trek Blvd., Suite 2500; Iowa City, IA 52246 This Standard Purchase Agreement is made as of the date written above between City Construction (the "Buyer') and the Seller named above. Seller agrees to furnish all materials or equipment as required to fully comply with the Contract Documents, Namely: Supplier 08 11 13 and 08 71 00; HM Frames, HM Doors and Door Hardware The Buyer shall pay Seller to provide material or equipment and for any incidental services as identified above. The Seller shall be fully responsible for all applicable federal, state, and local tares. Unless otherwise indicated, prices shal I not include costs or deposits for shipping and packing materials. If a signed Standard Purchase Agreement and certificate of insurance is not returned to the Contractor, the Seller will not be paid. Seller agrees to all terms of the Standard Purchase Agreement. This Agreement supersedes all prior agreements and representations, written or oral. The Standard Purchase Agreement includes Additional Terms (attached), Change Orders (if any), the Owner -Contractor Agreement, special conditions, specifications, drawings, addenda and the following contract documents: • Exhibit A Insurance Provisions TERMS AND CONDITIONS ACCEPTED: GMac By: _ Printed: Title: _ Date: City Construction By: Robert Amundson Title: Project Manager Date: Page 1 of 7 ADDITIONAL TERMS OF THE STANDARD PURCHASE AGREEMENT f— ; I ^–_- The following Additional Terms of Standard Purchase Agreement are incorporated in the Agreerticftt bdt uycr and Seller: ARTICLE 1– PARTIES' RELATIONSHIP AND ETHICS 1.1 The Parties agree to proceed on the basis of mutual trust, good faith, and fair dealings. the Parties shall perform their obligations with integrity and diligence. ARTICLE 11– ACCEPTANCE OF AGREEMEN'l 2.1 Acceptance of this Agreement shall be limited to the terms and conditions stated herein, and any additional or different terms, conditions, or instructions proposed by the Seller are rejected by the Buyer unless expressly assented to in writing by the Buyer. The Seller shall be bound by this Agreement when it executes and delivers the original copy or when it delivers to the Buyer any of the materials or equipment or renders for the Buyer any of the incidental services ordered. ARTICLE III – EXTENT OF AGREEMEMI 3.1 To the extent incidental services are performed by the Seller under this Agreement. such incidental services shall be governed by the terms of this Agreement. Nothing in this Agreement shall be construed to create a contractual relationship between persons or entities other than the Buyer and Seller. Except as specifically provided in this Agreement, this Agreement, including the documents attached or reference, are exclusively for the benefit of "the Parties" and not for the benefit of any third -party. This Agreement represents the entire and integrated agreement between the Parties, and supersedes all prior negotiations, representations, or agreements, either written or oral. ARTICLE IV -CHANGES 4.1 The Buyer shall have the right at any time to make changes in specifications, drawings or other information incorporated in this Agreement, methods of shipment or packing, place of delivery, and time of delivery. The Price or Progress Schedule shall be equitably adjusted if and to the extent necessary to reflect the impact of any such changes, and this Agreement shall he modified in writing accordingly. ARTICLE V - SUBMITTALS 5.1 The Seller promptly shall submit for approval to the Buyer all shop drawings, samples, product data, manufacturers' literature, and similar submittals required by this Agreement. The Scller shall be responsible to the Buyer for the accuracy and conformity of its submittals to this Agreement. The Seller shall prepare and deliver its submittals to the Buyer at no additional Prices and in a manner consistent with the Progress Schedule and in such time and sequence so as not to delay the Buyer or Owner in the performance of this Agreement. The approval of any Seller submittal shall not be deemed to authorize deviations, substitutions or changes in the requirements of this Agreement unless express written approval is obtained from the Buyer and Owner authorizing such deviation, substitution, or change. In the event that the Contract does not contain submittal requirements pertaining to this Agreement, the Seller agrees upon request to submit in a timely fashion and at no additional Price to the Buyer for approval any shop drawings, samples, product data, manufacturers' literature, or similar submittals as may reasonably be required by the Buyer, Owner, or Design Professional. The Buyer and Owner are entitled to rely on the adequacy, accuracy, and completeness of any professional certifications required by this Agreement concerning the performance criteria of systems, equipment, or materials including all relevant calculations and any governing performance requirements. ARTICLE VI - SCHEDULE 6.1 Time is of the essence for this Agreement. The Seller shall provide the Buyer with any scheduling information proposed by the Seller. In consultation with the Seller, the Buyer shall prepare a coordinated Progress Schedule, and furnish such to the Seller. The Seller shall furnish and deliver the materials or equipment indicated in Agreement, in strict accordance with such Progress Schedule. ARTICLE VII – FORCE MAJEURE Page 2 of 7 7.1 If the Seller is delayed by any cause beyond Seller's control, Seller shall be entitled to an FI ui(ale cficiet�si n of time. Examples of causes beyond the Sellers control include, but are not limited to, the followings t oro ssions of the Buyer, Owner, or Design Professional; changes in the required materials and equipment or the Progress Schedule; shipping delays not reasonably foreseeable; labor disputes not involving the Folp •,generpl,labor disputc5 impacting the Project but not specifically related to the Project; fire; terrorism, epidemik �a6crse jo�crrirncntai actions, unavoidable accidents or circumstances; adverse weather conditions not reasonably anticipated; encountering I lazardous Materials; concealed or unknown conditions; delay authorized by the Buyer pending dispute resolution; and suspension by the Buyer. The Seller shall submit any requests for equitable extensions of the Progress Schedule in accordance with the provisions of article 1. ARTICLE- VIII - SHIPPING 8.1 Shipping instructions furnished by the Buyer shall be strictly complied with and shall be considered a part of this Agreement. The Seller shall give the Buyer twenty-four (24) hours' notice prior to the delivery of any materials or equipment. Any provisions for delivery of materials or equipment by installment shall not be construed as making the obligations of the Seller severable. Shipments sent C.O.U. without the Buyers written consent may be rejected and shall be at the Sellers risk. Risk of loss or damage shall be upon the Seller until the materials or equipment are physically delivered to the Buyer at the Project or other authorized destination, unless otherwise agreed to in writing and signed by the Buyer, or if covered by project all risk or equivalent insurance. ARTICLE IX— MATERIAL SAFETY DATA (MSD) SHEETS 9.1 The Seller shall submit to the Buyer all Material Safety Data Sheets required by Law for materials or substances sold to the Buyer. ARTICLE X - INSPECTION 10.1 Except as otherwise provided in this Agreement, all shipments shall be subject to final inspection by the Buyer after receipt by the Buyer at destination. Shipments shall be accompanied by detailed delivery tickets to assist the Buyer in its inspection. Should the Buyer discover any damage or shortfalls, the Buyer shall promptly report them to the Seller. The Buyer shall have the right to reject and refuse acceptance of materials or equipment that are not in accordance with specifications or drawings. The Buyer may deduct from any amount owed to the Seller under this Agreement the reasonable cost of re -inspecting materials or equipment rejected. Materials or equipment not accepted due to nonconformance with the requirements of this Agreement shall, at the Buyer's option be (a) returned to the Seller at the Seller's expense; (b) held by the Buyer for an equitable reduction in Price; or (c) repaired pursuant to section 10.1.1 at the Sellers expense. The Buyer, Owner. and Owner's Representative shall have the right to inspect all materials or equipment during any stage of manufacture or production by the Seller or Sellers supplier, to audit quality assurance programs, and to otherwise assure quality control in the production and manufacture of the materials or equipment hereunder by the Seller or Sellers supplier, and the Seller shall provide reasonable access, facilities, and assistance for the safe and convenient inspection or audit at the Sellers plant or its supplier's plant. Incorporation of the materials or equipment into the Project shall constitute acceptance by the Buyer of such materials or equipment and incidental services, subject to the Seller's warranty obligations. Payment for any materials or equipment shall not constitute acceptance. Acceptance by the Buyer shall not constitute acceptance as to latent or hidden defects not subject to discovery upon reasonable inspection. 10.1.1 Except in cases of emergencies, if the Buyer chooses the repair of nonconforming materials above in subsection (c), the Buyer must provide the Seller written notice of such nonconformance and request the Seller to repair such nonconformance. Within seven (7) calendar days after receipt of written notification, the Seller must commence and continue satisfactory correction of such nonconformance with diligence and promptness, or the Buyer may undertake such repair. ARTICLE XI — SUSPENSION FOR CONVENIENCE 11.1 Notwithstanding article 7, should the Buyer order the Seller in writing to suspend, delay, or interrupt the performance of this Agreement for such period of time as may be determined to be appropriate for the convenience of the Owner and not due to any act or omission of the Seller or any person or entity for whose acts or omissions the Seller may be liable, then the Seller shall immediately suspend, delay, or interrupt as ordered by the Buyer. In Page 3 of 7 accordance with article 3, the Price and the Progress Schedule shall be equitably adjusted by Change Order for the cost and delay resulting from any such suspension. 11.1.1 TERMINATION FOR DEFAULT Should the Seller fail to deliver items and materials or perform the incidental services required within the time provided under this Agreement or any fiuuuaUy Agreed upon extension of time, or should the Seller fail to perform any of the provisions of this Agreement oriail.to make. progress so as to endanger performance of this Agreement in accordance with its terms, the Seller may he deemed in default. If the Seiler fails within seven (7) calendar days after written notification to commence and continue correction of such default with diligence, then the Buyer may give a second notice to correct the default within three (3) calendar days. If the Seiler fails to promptly commence and continue satisfactory correction of the default following receipt of the second notice, the Buyer may terminate this Agreement for default. Such termination shall be in writing. The Buyer may withhold payment, correct the default, and charge the Seller the costs, including reasonable overhead, profit, and attorneys' fees. Nothing in this subsection shall preclude the Seller from asserting its rights under article 23. The rights and remedies of the Buyer provided in this subsection shall not be exclusive and are in addition to any other rights and remedies provided by Law or under this Agreement. 11. 1.2 SELLER'S RIGHT TO TERMINATE. Upon seven (7) Days' written notice, the Seller may terminate this Agreement if the material, equipment, or incidental services, described in agreement has been suspended for 120 Days in total through no fault of the Seller. The Seller shall be entitled to recover all material, equipment, or incidental services as identified in agreement executed and for any proven loss, cost, or expense in connection with such materials, equipment, or incidental services, including all demobilization costs plus reasonable overhead and profit on material, equipment, and incidental services described in agreement not performed, and reasonable attorneys' fees. ARTICLE XII —TERMINATION FOR CONVENIENCE 12.1 The Buyer may at any time, with seven (7) calendar days' written notice to the Seller, terminate this Agreement for the convenience of the Buyer. In the event of such termination for convenience, the Buyer shall pay the Seller as its entire and sole compensation its actual and reasonable costs of furnishing materials or equipment to the date of termination, as determined by audit of the Seller's records, plus a _% for overhead and % for profit or if a percentage for both overhead and profits is not specified, a reasonable markup for overhead and profit, but in no event shall such amounts due hereunder exceed the total Price. The Seller shall make its records available at reasonable times and places for the Buyer's audit. However, should the Seller deem such information proprietary and confidential, the Seller may intake such information available only to the (tuner and subject to a reasonable non- disclosure agreement. In the event any termination of the Seller for default under article I I is later determined to have been improper, the termination shall automatically be deemed a termination for convenience, and the Seller shall be limited in its recovery strictly to the compensation provided for in this article. ARTICLE XIII - WARRANTY 13.1 The Seller hereby expressly warrants that all materials orequipment covered by this Agreement shall conform to the drawings, specifications, data, samples, mother descriptions furnished or incorporated as part of this Agreement and shall be fit and sufficient for the purpose specified, of good material and workmanship, and free from material defect for twelve (12) months from delivery date. The Seller shall repair or replace, at the Seller's option andcxpense, any material defect inmaterials or workmanshi p that may be discovered during the warranty period. The Seller's warranty excludes remedies for defects or damages caused by ordinary wear and tear, use for a purpose for which the materials or equipment were not specified, improper or insufficient installation, operation, maintenance, storage, or abuse, and modification not performed by the Seller. The warranties in this section are exclusive, and replace all other express or implied warranties. These warranties shall survive inspection, acceptance, and payment of and for said materials or equipment.'rhese warranties shall extend to the owner, Buyer, and Buyers successors and assigns, and the Seller shall provide directly to the ultimate users written evidence of these warranties as required. I lowever, the Seller shall only be required to pay once for the same claim or damage. ARTICLE XIV — PAYMENT AND LIENS 14.1 Payment for conforming material orequipment shall be made by the Buyer in accordance with any terms indicated in article I and after a receipt by the Buyer of the executed original copy of this Agreement, and receipt of the Sellers invoice. Ifand when requested by the Buyer, the Seller shall promptly provide affidavits that all of the Page 4 of 7 Seller's suppliers have been paid, and release of all liens either by the Seller or Seller's supplier and claims executed by the Seller to the Buyer in a form acceptable to the Seller, Buyer, and Owner. Acceptance of such form shall not be withheld without reasonable cause. Such releases or waivers of lien maybe conditioned upon paymimt. In no went shall the Seller be required to sign an unconditional waiver of lien or claim, either partial or final, prior to receiving payment or in an amount in excess of what it has been paid. Prior to final payment, the Seller shall provide to the Buyer copies of warranties, applicable manuals, and al I other close-out documents required ftjt" the pWtr ri�l� or equipment by this Agreement. FIA 11411111 WCAN I:Eli UI7.1:[i79 15.1 In the event that the Seller or its employees or agents are required to come onto the Project of the Buyer in connection with the sale of materials or equipment or the rendering of incidental services under this Agreement, including delivery of materials, the Seller shall, prior to entrance on the Project or delivery of materials, purchase and maintain insurance that will protect it from the claims arising out of its operations under this Agreement, including Worker's Compensation Insurance, Commercial General Liability, and Automobile Liability Insurance. The Seller shall maintain at least the limits of liability in a company acceptable to the Buyer as set forth in Exhibit A. The Buyers acceptance shall not be withheld without reasonable cause. ARTICLE XVI - SAFETY 16.1 The Buyer contracts with the Seller as an independent contractor to provide all labor, materials, equipment, and incidental services necessary or incidental to perforin this Agreement, subject as an employer to all applicable unemployment compensation, occupational health and safety, or similar statutes. In the event that the Seller, its employees, or agents are required to come onto a Project of the Buyer in connection with the performance of this Agreement, the Seller shall comply with all current safety requirements of the Buyer identified in this Agreement, as well as all all laws as defined by article 20. ARTICLE XVII - INDEMNITY 17.1 To the fullest extent permitted by Law, the Seller shall indemnify and hold harmless the Buyer and its agents, consultants, employees, and others as required by this Agreement from all claims and liabilities for bodily injury or property damage, including reasonable attorneys' fees, costs, and expenses incurred that may arise from this Agreement, and which is not reimbursed by insurance coverage that was required by this Agreement, but only to the extent caused by the negligent acts or omissions of the Seller, or anyone contracted or employed directly or indirectly by the Seller. The Seller shall be entitled to reimbursement of any defense costs paid by the Seller above the Seller's percentage of liability for the underlying claim under this article. ARTICLE XVIII — WAIVER OF CONSEQUENTIAL DAMAGES 18.1 The Buyer and Seller waive claims against each other for consequential damages arising out of or relating to this Agreement; however, this waiver shall not apply to any claim for reimbursement or indemnification for any consequential damages one Party was required to pay to a third party as a result of an act or omission of the other party or their employees or agents, and shall not preclude the recovery of any liquidated damages expressly called for by this Agreement. ARTICLE XIX - PATENTS 19.1 The Seller shall indemnify, defend, and hold the Buyer harmless from all suits or claims for infringement of any patent rights or copyrights arising out of the use or sale of the materials or equipment purchased and shall pay and discharge any and alljudgments or decrees that may be rendered in any such suit, action, or proceedings, provided the Sellers ability to do so has not been materially prejudiced by the Buyer's failure to give the Seller written notice of such suit or claim. Unless identified in this Agreement as requiring patent rights or copyrights, the Sellcrs obligations under this article shall not apply to materials or equipment specified by the Buyer, nor purchased materials or equipment modified by the Owner or Buyer, unless the Seller has consented to such modification in writing, which shall not be unreasonably withheld. ARTICLE XX—COMPLIANCE WITH LAWS Page 5 of 7 20.1 At its own costs, the Seller shall comply with all federal, state, and local laws, regulations, codes, and ordinances ("Laws") applicable to the Seller. Buyer, or the incidental services covered by this Agreement and enacted as of the Agreement Date. - ARTICLE XXI - ASSIGNMENT 21.1 Except for assignment of proceeds, no assignment of this Agreement or oTany right, obligation, or delegation of duty under this Agreement shall be made without the written consent of the other Party or its duly authorized agent. Any attempted assignment or delegation without such consent shall be void. A delegating Party shall retain responsibility for performance, permit only qualified persons to perform, and provide competent supervision. The terms and conditions of this Agreement shall be binding upon both Parties, their partners, successors, assigns, and legal representatives. ARTICLE XXII - WAIVER 22.1 Either Party's failure to insist on performance of any term, condition, or instruction, or to exercise any right or privilege provided in this Agreement, or its waiver of any breach, shall not thereafter waive any such term, condition, instruction, or any right or privilege. ARTICLE. XXIII —GOVERNING LAW 23.1 This Agreement shall be governed by the Law in effect at the location of the Project. ARTICLE XXIV — DISPUTE MITIGATION AND RESOLUTION 24.1 WORK CONTINUANCE AND PAYMENT Unless otherwise agreed in writing, the Seller shall continue to provide materials, equipment, and incidental services as identified in the agreement and maintain the Progress Schedule during any dispute mitigation or resolution proceedings. If the Seller continues to perform, the Buyer shall continue to make payments in accordance with this Agreement. 24.2 DIRECT DISCUSSIONS If dispute arises out of or relates to this Agreement or its breach, the Parties shall endeavor to settle the dispute in a cooperative manner, including resolving minor nonconformities that would give rise to economic waste. Within five (5) business days, the Parties' representatives, who shall possess the necessary authority to resolve such matter and who shall record the date of first discussions, shall conduct direct discussions and make a good faith effort to resolve such dispute. 24.3 MEDIATION Disputes between the Parties not resolved by direct discussion shall be submitted to mediation pursuant to the Construction Industry Mediation Rules of the American Arbitration Association (AAA). The Parties shall select the mediator within fifteen (15) business days of the request for mediation. Engaging in mediation is a condition precedent to any form of binding dispute resolution. 24.4 BINDING DISPUTE RESOLUTION If the matter is unresolved after mediation, the Panics shall submit the matter to the binding dispute resolution procedure designated below: _ Arbitration using the current Construction Industry Arbitration Rules of the AAA, or the Parties may mutually agree to select another set of arbitration rules. The administration of the arbitration shall bear mutually agreed by the Parties. _ Litigation in either the state or federal court havingjurisdictionofthe matter inthe location oflhe Project. 24.5 The costs of any binding dispute resolution procedures shall be home by the non -prevailing Party, including reasonable attorneys' fees, as determined by the adjudicator of the dispute. 24.6 VENUE The venue of any binding dispute resolution procedure shall be the location of the Project, unless the Parties agree on a mutually convenient location. 24.7 MULTIPARTY PROCEEDING All parties necessary to resolve a matter shall be panics to the same dispute resolution procedure. Appropriate provisions shall be included in all other contracts relating to the material, Page 6 of 7 equipment, or incidental services as identified in the agreement to provide for the joinder or consolidation of such dispute resolution procedures. ARTICLE XXV –JOINT DRAFTING gip! r -n 25.1 The Parties expressly agree that this Agreement was jointly drafled, and that they both had o�p iWn—Ity to negotiate terms and to obtain assistance of counsel in reviewing terms prior to execution. This Agreement shall'bc construed neither against nor in favor of either Party, but shall be construed in a neutral manner. ARTICLE XXVI –CONTRACTUAL LIMITATION OF LIABILTV 26.1 Any limitation of contractual liability contained in this article shall not apply to the indemnity obligations and does not otherwise limit either party's liability beyond this contractual agreement, including, but not limited to, tort, product liability, or third -party claims or suits. Page 7 of 7 Ap lication and Document G702" -1992 fcate for Payment TO ERS City Conant T 5 M ction PROJECT: Trek Blvd- Suitt Riverimill Cfo$WAP Park- Phase 3 APPLICATION NO: 001 South Clinton Ss. Iowa City, U TOTALS $0. 00 2 HANGFS 5222 40 PERIW To- August 31,, 2018 OWNER FRO Iowa City, MAc Do 52246 ir & Hardware VIA CONTRACT FOR Gcnent, Congmenon ARCMTECT: ❑ C 69 •695 7th Sc ARCHfTEC7: CONTRACT DATE: May ol, 2ois CONTRACTOR: Eau Molin , IL 61244 PROJECT NOS: 1-088 / 811tH FlE1 / . Pay App # 1 /Invoice # 8750 OTHER:❑ CO TRACTOR'S UCATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractors knowledge, Application is made for pa t.as shown til.. s ..-hon with the C.w.L information and belief the Work covered by this Application for Payment has been Coni nation Sheet. AIA meet G703, is atudhed completed in accordance with the Contract Documents, that all amounts have been paid t. 2 3. 4, 5. CONTRACT SUM TO DATE I lLne 1 t 2) - _. _.. 8 a D x of Complete Column D + E on G7( b. x of stored Mr column F on 6703) T 1 Retainage (Liam 5a S EARNED LESS RET, tnc 4 Less Line 5 To 7. LESfI PREVIOUS CERTFIQ ine 6 from prior Can 8. 9. TO DATE (Column G on G703) by the Contractor for Work fot Which pleviOut Certificates for Payment were issued and S 12.122.00 payments received from the Owner, and that current payment shown herein is now due. 511.00 P 512,122.00 By: Date: Auaust 13,2018 55.000.00 Sta o : .y Countyof /Y7 n a ! 1 Subscribed and swom to before +,. DAVID STEEL E i 1 50.00 me this ri. da ofof r P . Commsakin Number 778847 Tial /; o. My C.omrtyG 50.00 Nonny Public: 5b or Total in Column 1 of 6703) 50,00 My Commission ezpfrQ 7 TO FWK NCUI G RETANAGE 3less Line 6) 57,122.00 ss.000.00 ARCHITECTS CERTIFICATE FOR PAYMENT In accordance with the Contract Documents; based on ornsite observations and the data $0,00 comprising this application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is SS 000 00 entitled to payment of the AMOUNT CERTIFIED. GE ORDERSY ADDIT70NS m N DEDUCTIONS dal m months by Owner 5o. 50.00 ofal Poe Meoth SO. $0.00 TOTALS $0. $0.00 HANGFS $000 q:1. lY6J, 1961. tall, la/q 18S.i aM 19gj mr Tlw w Imwtlwsiij mapemlucaaw or Mby PAA n at v o M law. lih# Coaan9ta wtl PtaCncad by AIA somean M AMOIAR CERTIFIED _____..____....... ...._._ 5500090 (Afford etplanation if amount cerli�ed differ from the amotot applied. Initial allAzwu on µsT ApfslicaNnn and ow the Sheet thef are changed to conform with the wmouwt ""Ird.) ARCMTECf: DY This C 11,mie a not negotiable The AMOUNT CERTIFIED is payable only to the C named herein. Issuance, payment and axeph m, of payment an, without prejudice tunny rntm the Owner or Contractor order this ContruL . . 14"taa6vaa. WAMMNO: This AM- D9ClawrC b ararcYd by LL& . L aur nwaa In twvma dM araC Cliff*" Pwftld s, and wN M Onaaehhrd I ft 15=13M hch eq*m on o5ft t2Ml. araC it not for raa�a. ) =AI Document G703" -1992 Continuation Sheet AIA Document, 6702'.»-1992, Application and Certification for Payment, or 6/361"'-2009, Project Application and Project Certificate for Payment, Construction Manager as Adviser Edition, containing Contractor's signed certification is attached. In tabulations below, amounts are in US dollars. Use Column 1 on Contracts where variable retainage for line items may apply. APPLICATION NO: APPLICATION DATE: PERIOD TO: 13, 2018 August 31, 2018 ARCHITECTS PROJECT NO: IPO 1-088, Cost Code 811 OM A B C D I E F G H I ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED FROM PREVIOUS THIS PERIOD APPLICATION D+E) MATERIALS PRESENTLY STORED (NOT IN D OR E) TOTAL COMPLETED AND STORED TO DATE (D + E + F) % (G -C) BALANCE TO RETAINAGE FINISH (IF VARIABLE (C - G) RATE) 001 HM Doors 2.521.00 0.00 2,521.00 0.00 2,521.00 100.00% 0.00 0.00 002 HM Frames 1,048.00 0.00 1,048.00 0.00 1,048.00 100.00% 0.00 0.00 003 Hardware 8.553.00 0.00 1,431.00 0.00 1,431.00 16.73% 7.122.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00%1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.000/6 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.0 - 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 _ 0.00 0.00 0.00 0.00 0.00 0.00 0.00% o.o0 0.00 0.00 0.00 0.00 0.00 0.00 o.00ere 0. ; 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.071 � 0.00 GRAND TOTAL 512,122.00 $0.001 $5,000.00 50.00 S5,000.001 41.25%1 57,122.00 . 1 50.00 AIA Document 0703- - 1992 Copynyd O 1983. 1965, 1986. 1987,1970, 1978, 1983 and 1992 by The American Institute of Architects. NI rights reserved. WARNING: This AIAs Document is protected by U.S. Copyright Law and International Treatise. Unauthorized reproduction or distribution of this AIA- Document, or any portion of it, may mutt In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This doouna nt was produced by AIA software at 10:40:11 on 08/132018 under Order No. 1542213629 which expires on 05/11!1019, and is not for resale. Ilse/ Notes: (3139ADA26) !!_ED CONDITIONAL WAIVER & RELEASE ON PROGRESS PAYMENT— -- Project- Rlverfront Crossings Park - Phase 3 - - " - —L tlix_ELi-1J_ Job q-1-088, 8110M On receipt by the signer of this document of a check from City Construction (maker of check) in the sum of $5,000.00 payable to G -MAC Door & Hardware and when the check has been properly endorsed and has been paid by the bank on which it is drawn, this document becomes effective to release any mechanic's lien right, any right arising from a payment bond that complies with a state or federal statue, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statue related to claim or payment rights for persons in the signer's position that the signer has on the property of City of Iowa City (Owner) located at 1001 South Clinton St, Iowa City, IA 52240 (job Site Address) to the following extent: Doors, frames, hardware. This release covers a progress payment for all labor, services, equipment, or materials furnished to the property or to City Construction (Contractor) as indicated in the attached statement(s) or progress payment request(s), except for unpaid retention, pending modifications and changes, or other items furnished. Before any recipient of this document relies on this document, the receipt should verify evidence of payment to the signer. The signer warrants that the signer has already paid or will use the funds received from this progress payment to promptly pay in full all of the signers laborers, subcontractors, materialmen, and suppliers for all work, materials, equipment, or services provided for or to the project referenced above in regard to the attached statement(s) or progress payment request(s). Date - A rd are 8Y - (Title) State of .. ,-e- County of 3 t` This instrument was acknowledged before me on this day of _L/ /s LJby (name), (job title) of G -MAC Door & Hardware. Notary Public, State of _ i DAVID STEELE Y. Commiswon Number 7nm17 ' _ My cornl Ion F)mw AIA Document G702" —1992 Application and Certificate for Payment TO OWNER: City Construction PROJECT: Riverfrom Crossings Park - Phase 3 APPLICATION NO. 002 Distribution to: 2346 Mormon Trek Blvd. 1001 South Clinton St. Iowa City, IA PERIOD TO: November 30, 2018 OWNER: Suite 2500 52240 Iowa City IA 52246 CONTRACT FOR: General Construction ARCHITECT: ❑ FROM G -MAC Door & Hardware VIA CONTRACT DATE: May 03, 2018 CONTRACTOR: ❑ CONTRACTOR: 695 7th St ARCHITECT: PROJECT NOS: 1-088 / 81 IOM / East Moline. IL 61244 FIELD: ❑ Invoice # 9216 CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. ADDITIONS Continuation Sheet, AIA Document G703, is attached. Total changes approved in previous months by 0 1. ORIGINAL CONTRACT SUN.__....._..__...____...._____._..__________ $12,122.00 2. NET CHANGE BY CHANGE ORDERS $0.00 3. CONTRACT SUM TO DATE (Line I t 512,122.00 4. TOTAL COMPLETED & STORED TO DATE (Column G on G703) _______. $12,122.00 5. RETAINAGE: a. 0 %of Completed Work (Column D + E on G703) $0.00 b. 0 % of Stored Material (Column F on G703) SOHO Total Retainage (Lines 5a + 5b or Total in Column 1 of G703) _.._........ ._ $0.00 6. TOTAL EARNED LESS RETAINAGE 512,122.00 (Line 4 Less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT _..____._.Y..___.___.__ 55,000.00 (Line 6 from prior Certificate) 8. CURRENT PAYMENT DUE ....................... ............... _................. _.............. 57,122.00 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 less Line 6) $0.00 RANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total changes approved in previous months by 0 S0. 50.00 I Total approved this Month 30. E0.00 TOTALS S0.014 $0.00 T CHANGES by Change Order 50.00 OTHER: ❑ The undersigned Contractor certifies that to the best of the Contractors knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. CONTRACTOR:, ,/ ? By: ii /( '" ( L Date: November 06, 2018 State of 'xwY1-r County of :k6l# Subscribed and swom to beforef{, LISA KAY RAY me this (cam day of Q0/9 ? x WJMBER /UOYLthU 01` Notary Public: MY COMMISSION EXPIRES . „/ 9-28-2021 7�,r`/ ti / My Commissio ARCHITECTS CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on-site observations and the data comprising this application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. AMOUNT CERTIFIED .... ....................... _.....__.._._.._._____.___.___._ -. 1 37.122.00 (Attach explanation ifamount certified differsfrom the amount applied. lniiial all fgumslon this Application and on the Continuation Sheet that are changed to conform with the amdunt terNfled.) ARCHITECT: By: Date: This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only toahe Contractor named herein. Issuance, payment and acceptance of payment are without pr4lidice to any rights of the Owner or Contractor under this Contract. AIA Docurrnt G702- -1992. Copyright O 1953, 1963. 1965. 1971, 1978, 1983 and 1992 by The Nnerken Institute at Architects. All rights reserved. WARNING: This AIA' Document Is protected by U.S. Copyright Law and In misalo" Treaties. Unsishorimd reproducomi or dbblbution of this AIAa Document, or any portion of It may mutt In saven civil and criminal pananies, and will be prosecuted to uta maltimum extend Ir0111115" urttler 1110 law. This doaarard was policed try AIA sa8ware at 17:13:48 ET an 11/05/2018 ucler Orcler No. 1542213629 which expires on 05/11/2019, and A not for resale. User Notes: (389ADASA) AIA Document G703TM -1992 Continuation Sheet AIA Document, G702T -1992, Application and Certification for Payment, or G736'm-2009, Project Application and Project Certificate for Payment, Construction Manager as Adviser Edition, containing Contractor's signed certification is attached. In tabulations below, amounts are in US dollars. Use Column I on Contracts where variable retainage for line items may apply. APPLICATION NO: APPLICATION DATE: PERIOD TO: 06,2018 30,2018 ARCHITECTS PROJECT NO: 11-0888110M A B C D I E F G H I ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED FROM PREVIOUS THIS PERIOD APPLICATION D+E) MATERIALS PRESENTLY STORED (NOT IN D OR E) TOTAL COMPLETED AND STORED TO DATE (D + E + F) % (G -C) BALANCE TO FINISH (C - G) RETAINAGE (IF VARIABLE RATE) 001 HM Doors 2,521.001 2,521.00 0.00 0.00 2,521.00 100.00% 0.0ol 0.00 002 IHM Frames 1,048.00 1,048.00 0.00 0.00 1,048.00 100.00% 0.001 0.00 003 Hardware 8,553.00 1431.00 0.00 7,122.00 8,553.00 100.00% 0.001 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.001 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0100 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.0p 0.00 D.00 0.00 0.00 0.00 0.00 0.00% 0.00 0.00 o.DD 0.00 0.00 0.00 0.1'2 0.00 0.00 0.00 0.00 0.00 0.00 02 0.00ere 0.00 0.00 GRAND TOTAL 1 $1 2,122001 S5,000. $0.00 S7,122.00 S12,122001 100.00% 50.00 50.00 AIA Deco erd G703a -1!111 Copyright O 1983. 1965, 1960. 1987,1970, 1978, 1983 and 1992 by The Arrwrican butiWte of ArdYGcb. AN rWft nerved. WARNING: This ANe Document is probcled by U.S. Copyright taw and InbmNbnal Trestles. UnaMbrked reproduction or distribution of this AIA* Document or any portion of It may mutt in seven civil and criminal penalties. and will be prosecuted to the maparan extend possible under the law. Ttie documard was Produced by AIA so8ware at 12:32:11 ET on 11/0602018 under Order No. 1542213629 Mich expires on 051112019, and is not for resale. Uaff Motes; (369ADME) END OF CASE FILE NOTICE BY SUPPLIER OF LABOR OR MATERIALS TO A SUBCONTRACTOR 9214890107899930777464 APR 2 2019 CHAUNCEY LLC (THE) 410 E WASHINGTON ST City Cterk IOWA CITY, IA 52240 ima City, I.cwa Be advised that we are supplying Electrical Material and Supplies to your company, who we understand to be a Contractor on the project; RSM Chauncey/ 404 E College Street / Iowa City, Iowa / As recorded in the public records of JOHNSON County, Iowa / Property Control # 1010453008 MNLR #014488-0; , Commercial . 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/0:6776799 7750 Dunleith Drive, East Dubuque, IL, 6102 Job #: B028 E.366698 815.747.3145 Date: 04/19/2019 By: Jorge Iriban Brenda.lange@cesco.com Acct #: 86701 Contact: Brenda Lange Recipient Type Trackina ## Name Address Owner 9214890107899930776764 RSM MCGLADREY 125 S. DUBUQUE STREET, IOWA CITY, IA 52240 Misc 9214890107899930777464 CHAUNCEY LLC (THE) 410 E WASHINGTON ST, IOWA CITY, IA 52240 Misc 9214890107899930777860 THE CHAUNCEY LLC 221 E COLLEGE ST #300, IOWA CITY, IA 52240 General Contractor 9214890107899930778768 MCCOMAS LACINA 1310 HIGHLAND CT, IOWA CITY, IA 52240 Contractor MERIT ELECTRIC PO BOX 1428, IOWA CITY, IA 52244 WO# 6776799 - IA Nationwide Notice PO Box 542165 LW, FL 33454 9214 8901 0789 9930 7774 64 CHAUNCEY LLC (THE) 410 E WASHINGTON ST IOWA CITY, IA 52240 N NATIONWIDE 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. Notices Filed on Project: The undersigned requests a copy of the Notice of Completion, Notice of Cessation, Notice of Commencement 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, Updated Owner and General/Prime Contractor Information: 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. The undersigned also requests any updated Owner and General/Prime Contractor information including the name and address if different from the information printed on the notice. 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 a).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. Nationwide Notice, Inc. END OF CASE FILE SRF AN -1 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK In re FILE® APR 2 2 1019 City Clerk Chapter 11 Iowa City, Iowa SEARS HOLDINGS CORPORATION, et aL, Case No. 18-23538 (RDD) Debtors.I (Jointly Administered) NOTICE OF HEARING TO CONSIDER APPROVAL OF DISCLOSURE STATEMENT FOR JOINT CHAPTER 11 PLAN OF SEARS HOLDINGS CORPORATION AND ITS AFFILIATED DEBTORS TO ALL PARTIES IN INTEREST: PLEASE TAKE NOTICE THAT Sears Holdings Corporation and its debtor affiliates, as debtors and debtors in possession in the above -captioned chapter 11 cases (collectively, the "Debtors"), filed the Joint Chapter 11 Plan of Sears Holdings Corporation and its Affiliated Debtors (as may be amended, modified, or supplemented, the "Plan") and the Disclosure Statement for Joint Chapter 11 Plan of Sears Holdings Corporation and its Affiliated Debtors (as may be amended, modified, or supplemented, the "Disclosure Statement"). PLEASE TAKE FURTHER NOTICE THAT: 1. A hearing (the "Hearing") will be held before the Honorable Robert D. Drain, United States Bankruptcy Judge, at the United States Bankruptcy Court for the Southern District of New York, Courtroom 118, 300 Quarropas Street, White Plains, New York, 106014140 (the "Bankruptcy Court"), on May 16, 2019 at 10:00 am. (prevailing Eastern Time), to consider entry of an order determining, among other things, that the Disclosure Statement contains "adequate information" within the The Debtors in these chapter 11 cases, along with the last four digits of each Debtor's federal tax identification number, are as follows: Sears Holdings Corporation (0798); Kmart Holding Corporation (3116); Kmart Operations LLC (6546); Sears Operations LLC (4331); Sears, Roebuck and Co. (0680); ServiceLive Inc. (6774); SHC Licensed Business LLC (3718); A&E Factory Service, LLC (6695); A&E Home Delivery, LLC (0205); A&E Lawn & Garden, LLC (5028); A&E Signature Service, LLC (0204); FBA Holdings Inc. (6537); Innovel Solutions, Inc. (7180); Kmart Corporation (9500); MaxServ, Inc. (7626); Private Brands, Ltd. (4022); Sears Development Co. (6028); Sears Holdings Management Corporation (2148); Sears Home & Business Franchises, Inc. (6742); Sears Home Improvement Products, Inc. (8591); Sears Insurance Services, L.L.C. (7182); Sears Procurement Services, Inc. (2859); Sears Protection Company (1250); Sears Protection Company (PR) Inc. (4861); Sears Roebuck Acceptance Corp. (0535); Sears, Roebuck de Puerto Rico, Inc. (3626); SYW Relay LLC (1870); Wally Labs LLC (None); SHC Promotions LLC (9626); Big Beaver of Florida Development, LLC (None); California Builder Appliances, Inc. (6327); Florida Builder Appliances, Inc. (9133); KBL Holding Inc. (1295); KLC, Inc. (0839); Kmart of Michigan, Inc. (1696); Kmart of Washington LLC (8898); Kmart Stores of Illinois LLC (8897); Kmart Stores of Texas LLC (8915); MyGofer LLC (5531); Sears Brands Business Unit Corporation (4658); Sears Holdings Publishing Company, LLC. (5554); Sears Protection Company (Florida), L.L.C. (4239); SHC Desert Springs, LLC (None); SOE, Inc. (9616); StarWest, LLC (5379); STI Merchandising, Inc. (0188); Troy Coolidge No. 13, LLC (None); BlueLight.cwm, Inc. (7034); Sears Brands, L.L.C. (4664); Sears Buying Services, Inc. (6533); Kmart.com LLC (9022); Sears Brands Management Corporation (5365); and SRe Holding Corporation (4816). The location of the Debtors' corporate headquarters is 3333 Beverly Road, Hofl'man Estates, Illinois 60179. (�C; t-epiq I C FS CCCh"C(,hrts W EIL:U70021251117321�11� meaning ascribed to such term in section 1125 of the Bankruptcy Code and approving the Disclosure Statement. 2. Any party in interest wishing to obtain a copy of the Disclosure Statement or the Plan should contact Prime Clerk LLC ("Prime Clerk'), the Debtors' solicitation agent, in writing at Sears Holdings Corporation Ballot Processing, c/o Prime Clerk, LLC, 850 Third Avenue, Suite 412, Brooklyn, New York 11232 or by email at searsballotsna.primeclerk.com with a reference to "Sears Holdings Corporation" in the subject line. Interested parties may also review the Disclosure Statement and the Plan free of charge at hns://restructurine.primeclerk.com/sears'In addition, the Disclosure Statement and Plan are on file with the Bankruptcy Court and may be reviewed by accessing the Bankruptcy Court's website: hgp://www.Liysb.uscouits.gov. Note that a PACER password and login are needed to access documents on the Bankruptcy Court's website. A PACER password can be obtained at: www.pacer.psc.uscourts.gov. Copies of the Disclosure Statement and Plan may also be examined by interested parties during normal business hours at the office of the Clerk of the Bankruptcy Court. 3. Objections, if any, to approval of the Disclosure Statement or any of the other relief sought by the Debtors in connection with the Disclosure Statement must (a) be in writing, (b) state the name and address of the objecting party and the amount and nature of the Claim or Interest of such party, (c) state with particularity the basis and nature of any objection, and provide proposed language that, if accepted and incorporated by the Debtors, would obviate such objection, (d) conform to the Bankruptcy Rules and the Local Rules, (e) be filed with the Court together with proof of service by either (i) Electronic Filing. the filer must be an attorney in possession of passwords and logins to both PACER and the Bankruptcy Court's Electronic Case Filing System; electronic filing must be in accordance with General Order M-399 (which can be found at hn://www.nysb.uscourts.gov), or (ii) Conventional Filing: the filer must send the response or objection by mail, courier, or messenger to the Bankruptcy Court's clerk at the following address: United States Bankruptcy Court, One Bowling Green, New York, NY 10004; the hard copy of the response or objection should be accompanied by a CD-ROM containing the response or objection in text - searchable portable document format (PDF); and (iii) All filers — those filing electronically as well as those filing conventionally — must provide Bankruptcy Court Chambers with two separate, single -sided hard copies of the response or objection; any proposed order should be accompanied by a CD-ROM containing the response or objection in text searchable portable document format (PDF); and (f) be served upon the following parties in accordance with General Order M-399 so as to be received no later than May 9, 2019 at 4:00 p.m. (prevailing Eastern Time): Counsel to the Debtors Weil, Gotshal & Manges LLP 767 Fifth Avenue New York, New York 10153 Attn: Ray C. Schrock, P.C. Jacqueline Marcus Garrett A. Fail Sunny Singh Office of the IV.& Trustee Office of the U.S. Trustee for Region 2 201 Varick Street, Room 1006 New York, New York 10014 Attn: Paul K. Schwanzberg 2 W EIL:\97002125\1\73217.0004 Counsel to the Creditors' Commiftee Akin Gump Strauss Hauer & Feld LLP One Bryant Park New York, New York 10036 Attn: Ira Dizengoff Philip Dublin Sara Brauner FILE® APR 2 2 2M City Clerk Iowa City, Iowa w 4. IF AN OBJECTION TO THE DISCLOSURE STATEMENT OR ANY OF THE OTHER RELIEF SOUGHT BY THE DEBTORS IN CONNECTION WITH THE DISCLOSURE STATEMENT IS NOT FILED AND SERVED AS PRESCRIBED HEREIN, THE OBJECTING PARTY MAY BE BARRED FROM OBJECTING TO THE DISCLOSURE STATEMENT, THE ADEQUACY THEREOF, OR THE OTHER RELIEF SOUGHT BY THE DEBTORS IN CONNECTION WITH THE DISCLOSURE STATEMENT AND MAY NOT BE HEARD AT THE HEARING. Dated: April 17, 2019 New York, New York Al Sunny Singh WE1L, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, New York 10153 Telephone: (212) 310-8000 Facsimile: (212) 310-8007 Ray C. Schrock, P.C. Jacqueline Marcus Garrett A. Fail Sunny Singh Attorneys for Debtors and Debtors in Possession NO ACTION IS REQUIRED UPON RECEIPT OF THIS NOTICE. If you have questions about this notice, please contact Prime Clerk LLC Telephone: (844) 384-4460 (US toll free) or +1 (929) 955-2419 (International), Email: searsinfo@PrimeClerk.com, Website: https://restructuring.primecierk.com/sears W EIL:19700212511\73217.0004 FILE® APR 2 2 2019 City Clerk Iowa City, Iowa END OF CASE FILE NOTICE OF EXPIRATION OF RIGHT OF REDEMPTION TO: Casey Boyd, LLC, City State Bank, Hickory Point LLC c/o Jason P Starr, Michael J Pugh, Parties in Possession, City of Iowa City Atm City Clerk and any unknown heirs, devisees, grantees, assignees, successors in interest, unknown parties in possession, unknown spouses and claimants. You and each of you are hereby notified that at the regular tax sale held on the third Monday of June, 2016, at the Johnson County Courthouse in the Cityof Iowa City, Iowa, held for the purpose of selling certain real estate upon which taxes were delinquent, the following real estate, situated in Johnson County, Iowa, to -wit: Outlot A, Hickory Pointe, 2nd Addition, Re -Subdivision of HickoryPointe, Iowa City, Iowa, according to the plat thereof recorded in Book 57, Page 370, Plat Records of Johnson County, Iowa. Tax Parcel No. 1001359001 Having the address of. Vacant Lot, Iowa City, Iowa 52245 was sold to OHP 127 LC, as provided by the Code of Iowa for delinquent taxes for prior years and that the County Treasurer of Johnson County, Iowa, did thereupon issue to OHP 127 LC, a Certificate of Purchase at Tax Sale No. 16-0052. You are further notified that unless redemption is made by you within ninety (90) days after completion of service of this Notice that your right of redemption will expire and a Tax Deed will be issued to OHP 127 LC, by the Treasurer of Johnson County, Iowa, thereby relinquishing all your right, title and interest in the above described real estate. FILEDOHP 127 LC APR 2 2 0 By: yla Thorndike City Clerk Agent for OHP 127 LC Iowa City, Iowa 2920 Harrison Street Davenport, IA 52803 (563)326-6401 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, 319-356-6091. (,C' ^J `1 C Ihorrrion� END OF CASE FILE F MAY L24 E DM 10 ` ' ' wvVCS Construction Services Grouekc MAY 21, 2019 C11Y CLERK VIA CERTIFIED MAIL �p1NA CITY. IUWR UNIVERSAL CLIMATE CONTROL, INC. 107 S. 10TH AVE CORALVILLE, IA 52241 Project: IOWA CITY PUBLIC WORKS PHASE 1 IOWA CITY, IA File (L938224) 458305-3643129 Value: Contract Amount: $29,568.32 Kind: COMMERCIAL VENTILATION EQUIPMENT Dear Sir/Madam: PLEASE TAKE NOTICE that THERMOTEK, 4641 PARAGON PARK ROAD, RALEIGH, NC 27616, will be providing labor and/or material on your anticipated construction project. Because of this, THERMOTEK will hold bond claim rights against your construction project for IOWA CITY PUBLIC WORKS PHASE 1, 410 E. WASHINGTON ST. , IOWA CITY, IA. We request that you please provide a copy of any payment bonds for this project to: NCS (Attn: Colleen Kirk) P. O. Box 24101 Cleveland, OH 44124 Email: cwilsonOncscredit.com This letter is being sent to you as a courtesy, so that you are aware of THERMOTEK's potential rights. THERMOTEK is selling directly to the SUBCONTRACTOR: DPT MECHANICAL, LLC, 10202 DOUGLAS AVE , URBANDALE, IA 50322. Please take precautions to assure that THERMOTEK receives payment as per agreement, to avoid the necessity of seeking a claim against you or your surety. Please contact MR. MIKE DAY at the number shown below if you have any questions. The purpose of this letter is not in any way intended to be a reflection of the creditworthiness of any of the parties involved, but is intended merely to protect the rights of THERMOTEK, under applicable lien, bond or other laws. Sincerely, (eeez . �� Colleen Kirk, (c/o cwilson(a,ncscredit.com) Agent for THERMOTEK 4641 PARAGON PARK ROAD RALEIGH, NC 27616 Contact: MR. MIKE DAY at (919) 882 - 2410 NCS[IA938224OW[BO USPS CERTIFIED MAIL •-- i p� [,`�1 729 Miner Road Cleveland OH 44143 1111111111 11111111111111111111111111111 9 MAY 24 AM 10 4 I CITY CLERK 9214 8901 5273 7200 0008 2796 19 IOWA CITY, IOWA City of Iowa City 410 E. Washington St. Iowa City IA 52240 ATTENTION Why are you receiving this notice? Please visit http://www.ncscredit.com/notice for more information. If you have any additional questions, please email Clare Wilson cwilson@ncscredit.com. Distribution List City of Iowa City 410 E. Washington St. Iowa City IA 52240 DPT MECHANICAL LLC 10202 Douglas Ave Urbandale IA 50322 UNIVERSAL CLIMATE CONTROL INC. 107 S. 1 Oth Ave Coralville IA 52241 UNIVERSAL CLIMATE CONTROL INC. C\O TODD M GEISLER 1500 RADFORD RD Dubuque IA 52002 END OF CASE FILE HSPS Legal Services 702 S. Gilbert St STE 111 Iowa City, IA 52240 Phone 3193542010 Client University of Iowa Community Credit Union Job: 3422427 Due: 06/10/2019 Recipient City of Iowa City Server: Nathan Marks Fee: Case EQCV080897 I Plaintiff University of Iowa Community Credit Union Court JOHNSON COUNTY DISTRICT COURT Defendant The Estate of Kathleen Dawn Bolender, Warren M. Paris; Capital One Bank et al Documents I Original Notice; Petition in Equity; Exhibits .<r Instructions rn SERVE TO THE CITY CLERK ONLY. BE SURE TO GET THE FULL NAME OF THE CITY CLERK. O Address City of Iowa City ::E D � C Z Tp i' --I 410 E. Washington St, Iowa City, IA 52240 _ .<r rn _m Date & Time: Description of Service / Recipient z Age: Ethnicity: Height Hair: ec, FW (C k-) CA c-Thorn+on) Cit (M-C11irl's�) Gender: Weight Eyes Relationship: 1 lhereby acknowledge recei of above listed Documen E -FILED 2019 MAY 29 3:20 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, Plaintiff, V. THE ESTATE OF KATHLEEN DAWN BOLENDER; WARREN M. PARIS; ANY CREDITORS OF ESTATE OF KATHLEEN DAWN BOLENDER; UNKNOWN HEIRS, DEVISEES, LEGATEES OF THE ESTATE OF KATHLEEN DAWN BOLENDER; IOWA DEPARTMENT OF REVENUE; INTERNAL REVENUE SERVICE; CAPITAL ONE BANK; CITY OF IOWA CITY; BEBT PC; ANY AND ALL UNKNOWN PARTIES IN POSSESSION OF THE REAL PROPERTY LOCATED 905 N GOVERNOR ST, IOWA CITY, IOWA 52245 and IN REM LOT 12 OF BACON'S SUBDIVISION OF THE SOUTH PART OF BLOCK 1 OF DEWEY'S ADDITION TO IOWA CITY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, Defendants. CASE NO: EQCV080897 ORIGINAL NOTICE TO THE ABOVE-NAMED DEFENDANT(S): You are notified that a petition has been filed in the office of the clerk of the above named court naming you as the defendant in this action. This County utilizes the Electronic Document Management System. You are directed to Iowa Court Rules Chapter 16 for general rules and information on electronic filing and, in particular Division VI regarding the protection of personal information in Court Filings. A copy of the petition (and any documents filed with it) is attached to this notice. The attorney for the plaintiff is CHRISTOPHER PECH and whose address is PO Box 800 North Liberty, IA 52317. That attorney's telephone number is 319-248-7164; facsimile number 319-665-2197 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. 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). IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS N e o D� .'n �� a c')� C-) m r �r—-0rn rn �7C Mc N D N J TO THE ABOVE-NAMED DEFENDANT(S): You are notified that a petition has been filed in the office of the clerk of the above named court naming you as the defendant in this action. This County utilizes the Electronic Document Management System. You are directed to Iowa Court Rules Chapter 16 for general rules and information on electronic filing and, in particular Division VI regarding the protection of personal information in Court Filings. A copy of the petition (and any documents filed with it) is attached to this notice. The attorney for the plaintiff is CHRISTOPHER PECH and whose address is PO Box 800 North Liberty, IA 52317. That attorney's telephone number is 319-248-7164; facsimile number 319-665-2197 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. 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). IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS E -FILED 2019 MAY 30 9:49 AM JOHNSON - CLERK OF DISTRICT COURT STATE OF IOWA JUDICIARY Case No. EQCV080897 County Johnson Case Ties, UICCU VS THE ESTATE OF KATHLEEN D BOLENDER 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 http'i/www.iowawurts.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://w .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'flwww.iowacourts.stateJa.us/Efile 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 heating impaired, call Relay Iowa TTY at 1.800-735-2942.) Date lssuad 05/30/201909:49:25 AM District Clerk of Johnson County /s/ Alison Meade IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, Plaintiff, V. THE ESTATE OF KATHLEEN DAWN BOLENDER; WARREN M. PARIS; ANY CREDITORS OF ESTATE OF KATHLEEN DAWN BOLENDER; UNKNOWN HEIRS, DEVISEES, LEGATEES OF THE ESTATE OF KATHLEEN DAWN BOLENDER; IOWA DEPARTMENT OF REVENUE; INTERNAL REVENUE SERVICE; CAPITAL ONE BANK; CITY OF IOWA CITY; BEBT PC; ANY AND ALL UNKNOWN PARTIES IN POSSESSION OF THE REAL PROPERTY LOCATED 905 N GOVERNOR ST, IOWA CITY, IOWA 52245 and IN REM LOT 12 OF BACON'S SUBDIVISION OF THE SOUTH PART OF BLOCK 1 OF DEWEY'S ADDITION TO IOWA CITY, IOWA ACCORDING TO THE RECORDED PLAT THEREOF, Defendants. CASE NO: EQCV080897 PETITION IN EQUITY 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 TWOFAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE -FAMILY OR TWO- FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. COMES NOW, the Plaintiff University of Iowa Community Credit Union, by and through its attorney, Christopher E. Pech, and for its In Rem 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. N CJ E5 c -TI c i�— �C") m :<r m -v M ES� y N Q D N J 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 TWOFAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE -FAMILY OR TWO- FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. COMES NOW, the Plaintiff University of Iowa Community Credit Union, by and through its attorney, Christopher E. Pech, and for its In Rem 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. Kathleen Dawn Bolender is now a deceased individual with a date of death of March 18, 2018. 3. The Decedent Kathleen Dawn Bolender was a single person at the time of her death. 4. No estate has been opened to resolve the affairs of the decedent. 5. On or about December 20, 2006, the Decedent Kathleen Dawn Bolender executed and delivered a First Note (hereinafter "First Note") to Plaintiff, a copy of which is attached hereto and incorporated herein, marked Exhibit "1". The Note is in the principal sum of One Hundred Twenty Six Thousand One Hundred Fifty and 00/100 dollars ($126,150.00). The interest rate of the Note is 7.500%. The Note provides for payment of monthly installments of principal and interest, with full balance due on January 1,• 2037. 6. To secure the Note, Decedent Kathleen Dawn Bolender on or about December 20, 2006, made, executed and delivered to Plaintiff a written Mortgage and which Mortgage was recorded January 12, 2007 in Book 4120 Page 306-324 of the Records of the Johnson County Recorder, a copy of which is attached hereto and incorporated herein as Exhibit "2" and being amended and extended December 1, 2013 by an Extension and Amendment of the Mortgage attached as Exhibit "3" creating first and prior lien on the real estate described therein, a copy of which is attached hereto and incorporated herein, The Mortgage covers the property located at 905 N. Governor St, Iowa City, Iowa, 52245 and which is legally described as: rLot 12 of Bacon's Subdivision of the south part of Block 1 of Dewey's Addition to Iowa N Q 0 =itya, according to the recorded plat thereof. W c.. J>- t U� J V O rn C= N This Extension and Amendment of Open End Mortgage was duly filed for record on February 26, 2015 in Book 5335 Page 757 of the Records of the Johnson County Recorder. 7. Plaintiff gave Notice of Right to Cure Pursuant to Iowa Code Sections 654.2B and 654.21), and more than thirty (30) days have passed since the notice was given, and the default has not been cured. A Copy of the Notice is attached as Exhibit "4" and is hereby incorporated by reference. 8. In accordance with the provisions of the Note and Mortgage, upon default and defendant's failure to cure, Plaintiff gave a fourteen (14) day notice of acceleration and demand for payment of the accelerated balance pursuant to Iowa Code Section 654.413, and fourteen (14) days have passed since the notice was given. A copy of the Demand is attached 0 Exhibit "5" and is incorporated by reference. �n c D� z 9. The Mortgage provides in the event of default, suit, and foreclosure that PlairR!g C + �<r-a M = attorneys' fees shall be paid by mortgagor. fm m ro Q 10. The Mortgage provides in the event of default that Plaintiff may procure a contitinuatiQuof the abstract, obtain insurance for the property, pay taxes on the property, pay assessments, and add such amounts to the Mortgage debt. These amounts become a part of the Mortgage indebtedness and are secured by the Mortgage. 11. Warren M. Paris a former co -habitant of Kathleen Dawn Bolender, a party in possession of the property, and is currently living in the real property located at 905 N. Governor St, Iowa City, Iowa, 52245. He is added as a defendant herein because as a cohabitant or common law spouse and a party in possession, he may claim some right, title or dowry 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. 12. Defendant, the State of Iowa — Department of Revenue, is named by virtue of any interest claimed for any tax or other lien or interest due to the death of Kathleen Dawn Bolender. Defendant, State of Iowa — Department of Revenue, may claim an interest in the Property but any such claim or interest would be subordinate and inferior to Plaintiff's Mortgage. 13. Internal Revenue Service is named by virtue of any interest claimed for any tax or other lien or interest due to the death of Kathleen Dawn Bolender. Internal Revenue Service may claim an interest in the Property but any such claim or interest would be subordinate and inferior to Plaintiff's Mortgage. 14. Any and all unknown parties in possession of the real property located at 905 N. Governor St, Iowa City, Iowa, 52245, 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. 15. Any and all Creditors of the Estate of Kathleen Dawn Bolender 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. 16. Capital One Bank is added as a defendant as a result of a Judgment entered against Kathleen Dawn Bolender on September 1, 2010 in Johnson County Case No. SCSC077642. Cagal On�ank is the Judgment creditor in said case and as a result of Judgment may Q CV Y30 = W U 0 0 N claim some right, title or interest in the property which is the subject of this action, but any such interest of defendant would be junior and inferior to that of the Plaintiff. 17. BEBT, PC is added as a defendant as a result of a Judgment entered against Kathleen Dawn Bolender on May 25, 2012 in Johnson County Case No. SCSC081848. BEBT, PC is the Judgment creditor in said case and as a result of Judgment may claim some right, title or interest in the property which is the subject of this action, but any such interest of defendant would be junior and inferior to that of the Plaintiff. 18. City of Iowa City is added as a defendant as a result of Judgments entered against Kathleen Dawn Bolender on April 27, 2012 in Johnson County Case No. CISCO81746 and on February 20, 2017 in Johnson County Case No. ICCISC09251. City of Iowa City is the Judgment creditor in said cases and as a result of Judgments may claim some right, title or interest in the property which is the subject of this action, but any such interest of defendant would be junior and inferior to that of the Plaintiff. 19. Plaintiff is the owner and holder of said Notes and Mortgage. 20. In accordance with the provisions of said Notes and Mortgage, Plaintiff has heretofore declared and hereby declares the entire indebtedness thereunder immediately due and payable. 21. Said Mortgage provides that if default shall be made in the payment of said Notes or any part of the interest thereon, the Mortgage may be foreclosed upon; and Plaintiff, by the commencement of this action, does elect to foreclose on the Mortgage. C) b=i C= Ck r ;<m'. m D N 00 22. That the Defendant has not been at anytime during the preceding six (6) months member of any of the Armed Forces of the United States of America and are not entitled in any way or manner to the benefit or relief provided by the Service Members Civil Relief Act. 23. Plaintiff waives its rights to a deficiency judgment in this matter. The current matter is an action In Rem and without any demand for a deficiency judgment. 24. After crediting the amounts paid on said Notes secured by said Mortgages there is now due and owing Plaintiff from Decedent Kathleen Dawn Bolender on the Notes: A. An unpaid principal balance on the Note, as of May 29, 2019, of $129,321.83. B. Interest at the contractual rate of 4.000% as provided for in the Note and upon on the unpaid principal balance from the date of default through May 29, 2019, in the amount of $4,248.51 plus late fees in the amount of $10.00. C. Interest due from May 29, 2019 accruing at the contractual rate of 4.000% upon the principal balance due and owing. D. Abstracting cost of $600.00 and Court Costs. E. A Negative Escrow balance of $1,846.82. WHEREFORE, Plaintiff prays for judgment in rem against the above described real estate and Defendant for $136,027.16 on the Note, together with interest on the $129,321.83 principal portion thereof at the rate of 4.000% per annum from May 29, 2019, to date of filing of this petition, plus interest at the rate of 4.000% per annum on said principal portion, plus any advancements, 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. ccPLAINTIFF FURTHER PRAYS that said Mortgage be established as first and prior lien N Q ,,yainytthe estate above described and as superior and paramount to the interests, lien, �a d clOwnsldjp�ch and all Defendants and that said Mortgage be foreclosed and all claims, tJf-- ,.r.Jghts,` itle>iZ interest of the Defendants in this suit, and each of them, in or to or upon said real eslite,an be decreed to be junior and inferior to the rights and lien of this Plaintiff, and rn _ 0 N that the right, title, and interest of the Defendants, and each of them be forever barred and foreclosed. PLAINTIFF FURTHER PRAYS that special execution may issue for the sale of said mortgaged real estate or so much thereof as is necessary to satisfy Plaintiffs judgment, together with interest, cost, and accruing costs, to satisfy the judgment to be entered herein. PLAINTIFF FURTHER PRAYS that 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 FURTHER PRAYS that in the event Plaintiff is required to advance any further sums for taxes or insurance upon the above described real estate, Plaintiff be given an additional lien against the real estate for the amount so advanced. PLAINTIFF FURTHER PRAYS that upon further application by Plaintiff a receiver be appointed to take charge of the mortgaged premises at once and to hold possession of the same until the debt is fully paid and that all rents and profits derived from said premises be collected and applied by the receiver toward the satisfaction of plaintiff's judgment. PLAINTIFF FURTHER PRAYS for such other and further relief as may be just and equitable in the premises. s Christopher E. Pech 0 06178 UNIVERSITY OF IOWA COMMUNITY CREDIT UNION PO Box 800 2355 Landon Rd N c North Liberty, IA 52317 C-) C christopherpech@uiccu.org D zc—E 319-248-7164 n ' I r GENERAL COUNSEL-CONSUMO EDIT rn for UICCCU CD -;:o s G D rV eu Exhibit I FMD/ADJUSTABLE RATE NOTE (One Year Treasury Index - Rite Cap) Loan 4: _ THIS NOTE PROVIDES FOR A CHANGE IN MY FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. nacvnbea 20th, 2006 Coralville Sow. (mn) [CH] Isnul 905 N Governor St, Iowa City, IA 52245 IPmeero, Adm—] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 126, 150.00 (this amount is called 'Primipal'), plus interest, to the order of Lader. Lader is University of Iowa Community Credit Union I will nuke all payments under urs Note in the form of cash, check or money order. I understand that leader may transfer this Now. Lader or anyone who takes this Note by transfer And who is entitled to receive payinems under this Nom is called the 'Note Holder.' 2. INTEREST Interest will be charged on unpaid principal trona the full am0um of Principal has been paid. I will pay interest at a yearly rate of 7.500 %. The interest rare 1 will pay tray change in accordance with Section 4 of this Note. The interest nae raryhM by this Section 2 and Section 4 of this Note is the late 1 will pay both before and after any default described in Section 7(B) of this Now. 3. PAYMENTS (A) Time and Ram or Pavmefts 1 will pay principal and interest by making a payment every mono. I will nuke my monthly payments on the first day of each month beginning on February 1st, 2007 I will make thea payments every month until I have paid all of the principal and interest and any other charges described below that I easy owe ander this Now. Each monthly payment will be applied As of its scheduled due dace atd will be applied to interest before Principal. If, on Jmuary let, 2037 , I still owe Mounts under this Nae, I will pay those amens in full on that date, which is called the 'Maturity Date.' I will make my wridtly payments a 825 Norman Trek Blvd. PO Box 2630, Iowa City, IA 52246 in at a different place if required by the Nae Holder. (B) Amount of My Initial Moodily Payments Each of my initial monthly paymens will be in the amount of U.S. S 882.06 . This amount may change. (C) Mearmly Payment Changes Changes in my Foundry payment will tell= changes in the unpaid principal of my loan and in the interest rate that 1 mutt pay. The Nae Holder will determine my new intavtt rate and the changed amount of my monthly payment in accandancc with Section 4 of this Note. 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed imeres rate 1 will pay will change to AT adjustable interest rate on the first day of Jmtlary 2D14 , and the adjustable interest me I will pay may change on that day every 12th month theresfia. WLMTATE FatED1ADJUSTABIE RATE NOTE - ONE-YEAR TREASURY M1 - Svgla Family - FamN Mae UNIFORM INSTRUMENT flS.aASN anted Fwm 3622 1101 t� �6 VW Ma„LWGriplYflar01{}l.)lf' '� ,r \\ N <1 S => 0 N The time on which my initial fixed interest Me Chingos to an adjustable interest rate, and each time on which my adjustable interest rate could chuige, is called a 'Change Date.' (13) The Indo Beginning with the first Change Date, my adjustable interest raze will be based on an Index. The 'Index" is the weekly average yield on United States Treasury securities adjusted to a comtant maturity of one year, as made available by the Federal Reserve Board. The mast recent Index figure available as of the date 45 days before each Change Dare is called the 'Curran Index.' If the Index is no longer available, the Now Holder will choose a new index that is based upon wearable information. The Now Holder will give me notice of this choice. (C) Calculation or Charsgne Before each Change Daze, the Note Holder will calculate my new interni rue by adding two and three Quarters percvnage points ( 2.750 %) to the Current Index. The Nae Holder will then mund the result of this addition to the nearest om<ighth of one pmmnege point (0.125%). Subject to the lints stated in Section 4(D) below, this munded amount will be my new interest rate until the next Change Date. The Note Holder will then detentune the amount of the monthly payment that would be sufficien in repay the unpaid principal that I am expected to owe u the Change Date in full on the Minority Due in my new interest nae in substantially equal pa)wiems. M result of this calculation will be the new amoum of my monthly payment. (D) limits on Intertest Rate Chassgn 7Te interest rate 1 am required to pay a the firm Change Date will not be greater dun 9.500 % or leas than 5.500 %. Thereafter, my adjustable unemst rate will never be increased or decreased on may single Change Date by more than two percentage points from the me of interest 1 have been paying for the preceding 12 months. My interest rate will never be greater than 13.500 %. (E) Effective Date of Changs My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the bra monthly payment date after the Change Date until the amount of my monthly payment changes again. (Fl Notice of Changs The Note Holder will deliver or nail in me, a notice of any changes in my initial fid imeest rate to an adjustable interwar rate and of any changes in my djuaable Internet rate before the effective due of any change. The notice will include the amount of my monthly payment, any hdomution required by law to be given to m: and also the tide and telephone number of a person who will anxwer any question 1 may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal a any rime before they are due. A payment of Pnmipal only is known as a 'Prepayment.' When 1 make a Prepayment, I will tell the Note Holder in writing the I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under this Now 1 may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Now Holder will sue my Prepayments to reduce the amour of Principal the I owe under this Now. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment mnount before applying my Prepayment to reduce the Principal amount of this Note. If I make a partial prepayment, there will be no changes in the dine data of my monthly payments unlet the Note Holder agrees in writing to Nose changes. My partial Prepayment my reduce the armun of my monthly payments after the fust mange Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which was maximum loan charges, is finally interpmd w that the interest or other loan charges wilectd or to be collected in mnoection with this loan exceed the periontrd limits, than: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any soros already collated from me the exceeded perimm d limits will be refinhdcd to me. The Nae Holder may choose to make this refuel by reducing the Principal 1 owe under this Note or by meting a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. ono lea o �aaaN mwai w• � es non CD C 4n� M fTt fTl _< �;r 3 N D fV 7. BORROWER'S FAn URE TO PAY AS REQUILRED (A) Irk CYarga for Overdue Payments If the Nae Holder has not received the full nrount of any monthly payment by thermal of Fifteen calender days after the data 9 is due, 1 will pay a late charge in the Now Holder. 71e women of the charge will be .000 % of my overdue payment of principal and imwrest. 1 will pay this We charge prompdy but only once on each line payment. (B) Default If I do not pay the full wooden of each monthly payment on the date it is due. I will be in default. (C) Notice of Default If 1 and in default, the Note Holder may send m a written notice telling me that if I do not pay the overdue amount by a certain date, the Now Holder may require me to pay immedinely the full amount of Principal that has not been paid and all the interest tin I owe on thin annum. That date twat be at least 30 days after the date on which the notice is mailed to me or delivered by otter means. (D) No Walva By Now Bolder Even if, at a tin when 1 and, in default, the Note Holder does not require me to pay immediately in full as described above, the Nae Holder will still have the right to do so if 1 am in default m a lata time. (E) Paytet of Note Solder's Comb and Eapewaer If the Now Holder has required me to pay immediately in full as described above, the Now Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Thou expenses include, for example, reasonable attorneys' fees. S. G"G OF NOTICES Unless applicable Iain requires a different method, any notice that mug be given to me under this Now will be given by delivering it or by mailing it by rim class mail to me m the Pmpeny Address above or at a different address if I give the Note Holder a notice of my different address. Unless the Note Holder requires a different method, any device that must be given to the Now Holder under this Note wtl be given by mailing it by fins class mail to the Nae Holder at the address stated in Suction 3(A) above or at a different address if I ant given a notice of that differed address. 9. OBLIGATIONS OF PERSONS UNDER TIES NOTE If crow than one person signs this Nae, each person is fully and personally obligated to kap all of the promises made in this Note. including the Faddist: to pay the frill atnamt owed. Any person who is a guarantor, surety or endorser of this Nae is elm obligated to do these Wings. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Now. is aim obligated to keep all of the promises made in this Now. The Nae Holder may enforce is rights under this Now against each person individually or against all of us together. This means that my one of us may be required to pay all of the amounts owed under this Now. 10. WAIVERS 1 and arty other perste who has obligations miler this, Now waive the rights of presentment and Notice of Dishonor. 'Pwsenmmmt' means the right to require the Now Holder to demand payment of amoures due. 'Notice of Disburser' r:ems the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Nae is a uniform instrument with limited variations in some jurksdiciioa. In addition to the protections given in the Nae Holder under this Nae, a Mortgage, Deed of Trust, or Security Deed (the 'Security Ins[mmen['), dated the same date as this Now, protects the Note Holder from possible loses that might result if 1 do net keep the promises thin 1 matte in this Now. That Security Instrument describes how and under what conditions I may be requited to make immediate payment in full of all amounts I owe undo this Now. Some of those conditions red as follows: (A) Until my initial fixed intent maw changes to m Adjustable interest raw under the terms and in Section 4 above, Uniform Covenml IS of the Security Instrument shall read as; follows: �aaaN mmol �m�_X t\�01 rya a s "'7iV✓- m N a �o � }V l1_ = Y— cry Q, c 0 N Transfer of the Property or a Benelsdal Interest in Borrower. As used in this Section 18, "Interest in the Property" mearn any legal or bereficial merest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, imWhttent silo contract or esstsow agreement, the intent of which is the trmsfa of title by Borrower at a future time to a purchaser. If all or any part of the Property or my Interest in the Property is sold or transferred (or if Borrower is not a arrival person and a beneficial interest in Borrower is sold or transferred) without Lenders prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, lander stall give Borrower notice of acceleration. The ounce shall provide a period of not less then 30 days from the time the notice is given in accordance with Section 15 within which Borrower most pay all sum secured by this Security Instrument. If Borrower fails to pay these sono prim to the expiration of this period, fender may invoke my remedies permitted by this Security Instrument without further notice or demand on Borrower. (B) When my initial fixed imerest rate changes to an adjustable imenor rate under the terms stated in Section a above, Uniform Covenant 18 of the Security Instrument described in Section II(A) above shall then cease to be in effect, and Uniform Covenant 18 of the Security Instrument shall instead read as follows: 7Yamfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, 'Interest in the Property' means my legal or beneficial interest in the Property, including, but nes limited in, thou beneficial interests transferred in a bond for deed, contract for decd, installment sales contract or escrow agreement, the intent of which is the transfer of title by Bormwer at a future date to a purchaser. If al or my pan of the Property or my Interest in the Property is sold or transferred (or if Borrower is scot a serumal person and a beneficial interest in Borrower is sold or transferred) without larder's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Isstrummt. However, this option shat not be exercised by Lender if such exercise is prohibited by Applicable Law. Lader also shall not exercise this option if: (a) Borrower cause, to be submitted to Lender infortmtion required by fader to evaluate the intended traraferve as if a new low were being made to the 7asferee; and (b) Lender reasonably determines that Lender's security will nes be impaired by the low assumption and that the risk of a breach of any covenant or agreement in this Security businessman is acceptable to Lender. To the extent permitted by Applicable law, Lender may charge a reasonable fee as a condition to Lender's consent in the low assumption. Lender also my require the transferee to sign an assumption agreemem that is acceptable to Lender and that obligates the transferee to kap all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated miler the Note and this Security Instrument unless Leader releases Borrower to writing. If Lender exercises the option to require immediate payment in full, Lader shall give Borrower notice of aeeleretion. The notice shall provide a period of not los than 30 days from the due the notice is given in accordance with Section 15 within which Borrower nest pay all sets secured by this Security Instrument. If Borrower fails to pay these starts prior to the expiration of this period, leder may invoke my remedies pcnnined by this Security Instrument without further notice or demand on Borrower. retro aps,Zrso.� N O D •-1 Z -<r , rr, rn �_ �T N D (� m FILED 1019 JUN -6 PH 2: 28 CITY CLERK IOWA CITY, IOWA I E� a e� 11111111111111111 Doo 10:MOTUt 30 Tvw: 01131Raoorded: 01/12/2007 at 02:]2:11 PA Fee Ant: try.W Paw 1 01 1t Jahwon 0oanty Iowa 1.htnto, count, Recorder 4120 "306'324 Exhibit 2 [Speer ALorr TIJe IJee Fm Itr,ortla, Dalai Prepared By: Michelle SeBebart 825 Norman Trek Blvd Iowa City, IA 52246 319-341-2125 RenDD To: University of Iowa Co®unity Credit Union 825 Mormon Trek Blvd. PO Boz 2630 Iowa City, IA 52246 319-341-2125 Full legal Description located on page 3 Leader Name located on page 2. MORTGAGE DEFINITIONS Words used in multiple sections of this docwaeni arc defined below and other words are defioed in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "$warily lentrumm[" means this document, which is dated December 20th, 2006 together with all Riders to this document. (B) -Borrower -is Kathleen D Rolender, A Single Woman Borrower is the mortgagor under this Secunry InatumetN. IOWA-sagle Family Fas RWa9adla Rise UNIFORM INSTRUMENT Fooemis 1lol �o•oe ai A.f.� 44 rw.m.e 1 ra", N (� _O to �n C Q'r -+C) �rrm s m o� D fV 00 (C)"Lender"is University of Iowa Cotmnunity Credit Union Lender tsa sate chartered credit union organircd and existing under ere Iran of Iwo Leuder'saddress is 825 Hormon Trek Blvd. PO Box 2630, Iwa City, IA 52266 finder is the mortgagee under dus Security Innrmossim. (D) "Noe" mems the promissory note signed by Borrower and dated December 20th, 2006 The Nom states that Bonower awes lender One Hundred Twenty Six Thousand One Hundred Fifty and no/100. Dollars (U.S. f 126,150.00 ) plus interest Borrower has promised to pay this debt in regular Periodic Payr m and topay the debt m fuB era later than January 1st, 2017 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property.' (F) "loan" strain the debt evidenced by the Note. plus interest, eery, prepayment charges and late charges due under the Note, and all summ due under this Security Imvutnertt, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borroww. The following Riders are to be executed by Borrower [check box as applicable]: X�J Adjustable Rate Rider 71 Condominium Rider O Second Home Rider ❑ Balloon Rider El Planned Unit Development Rider13 Family Rider E VA Rider 0 Biweekly Payment Rider El Other(s) [specify] (M "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well m all applicable final, rton-appealable judicial opinions. (D "Continually Association Dues, Fees, and Assessments" m®ss all dues, fees, assesments and other charges that are unposed oo Borrower or the Property by a condominium association. homeowners association or similar organization. (d) "Electronic Funds Transfer" means any trarafer of funds, other than a transaction originated by check, daft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic upe so as to order, intrust. or authorize a financial institution to debit or credit an accomn. Such tens includes, but is rot limited to, poimof-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (in "Escrow Items" means those items that are described in Section 3. (L) "MLxeluneous Proceeds" mmm any compensation, settlement, award of damages, or proceeds paid by any third parry (other tban assurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, dine Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyannx in lieu of condonation; or (iv) misrepresentations of, or omission as m, the value and/or condition of the Property. (M) "Mortgage Insurance" once" means insurance protecting Lader against the nonpayment of, of default on, the Loan. (N) "Periodic Payment" mans the regularly scheduled armirt due for (i) principal and interest under the Now. plus (ii) any amounts under Section 3 of this Security Instrument. ®laAlawsia, "q.ra,a Fut 3016 Vol co N `D U F -- r � v o, CD 0 (0) "RE -STA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its imp!enmmnng regulation, Regulation X (24 C.F.R. Pan 3500), as they might be emended from time to titre, or any additional or successor legislation or regulation thin governs the same subject matter. As used in this Security Instrument, -RESPA- refers to all requirements and restriction that are imposed in regard to a 'federally related mortgage loan' even if the Loan does rot qualify ss a "federally related mortgage loan' under RESPA. (P) "Soccearor M Intvat of Borrower" means any parry than has taken title to the Propeny, whether or rpt that party has assumed Borrower's obligation under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to under: (i) the repaymem of the Loan, and all renewals, extension and modification of the Note: and (ii) the pesforrmtpe of Borrower's covenants and agreements under this Security Instrument and the None. For this purpose, Borrower 'irrevocably mortgages, grants and conveys to Lender, with power of sa]e. the following described property located in the County of Johnson rrype of Recording Jurofiwnon) [None of Recording Junadicuon] Lot 12 of Bacon's Subdivision of the south part of Block 1 of Dewey's Addition to Iowa City, Iowa, according to the recorded plat thereof. Pared ID Number:10-03-483-012 which currently bas the address of 905 N Governor St [saoed Iowa City [City], Iowa 52245 (Ziv Code) ('Property Address')' _ TOGETHER WITH all the improverrnts now or hereafter erected on the property, and all easenrcns, appurtenances, and fixtures new or hereafter a part of the property. All replacements and addition shall also be covered by this Security Itstrumem. All of the foregoing is referred to in this Security trutrumeu as the 'Property.' BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unercumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject many encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform cosmams with limited vanation by jurisdiction to constitute a uniform security instrument covering real property tie �BaAl aaaaia, q. a,,,e Fwm note von UNIFORM COVENANT'S. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due thc principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if my check or other instrument received by Lader as payment under the Now or this Security Instrument is returned to Lender unpaid, Lender may require that my or all subsequent payments due under the Now and this Security Instrument be made in one or more: of the following forma, as selected by lender: (a) cash; (b) money order: (c) certified chock, bank check, treasurer's check or cashier's check, provided my such check is drawn upon an madmition whose deposits an, insured by a federal agency, instrumentality, or entity; or (d) Electronic Feuds Transfer. Payments ate deemed received by Lender when received at the location designated in the Note or at such uthcr location as may be designated by Lender in accordance with the notice provisions in Section 15, Lander may return my payment or penial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept my payment or partial payment insufficient to bring the Loan current, without waiver of my rights hereunder or prejudice to its rights to refuse such payment or penial payments in the fume, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied ss of its scheduled due date, then lender need rot pay interest on unapplied funds. Lender may hold such unapplied funds will Borrower maims payment in bring the Loan current. If Borrower does nit do so within a reasonable period of time, Lender shall either apply such funds or return man to Borrower. If not applied earlier, Rich foods will be applied to the outstanding principal balance under the Nae immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against lender shall relieve Borrower from making payments due uMa the Note and this Security instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise dmnbed in this Section 2, all payments accepted and applied by Leder shall be applied in the following order of priority: (a) interest due under the Not; (b) principal due under the Note; (c) amounts duc under Section 3. Such payments sod he applied to each Periodic Payment in to order in which it became due. Any remaining amounts shill be applied first to late charges, second to my other amuma due under this Security Instruaient, and then to reduce the principal balance of the Note. If Lader receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient onium to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower in the repayment of the Periodic Payments if, and to the extent thin, each payment cm be paid in full. To the extent thin my excess exists after the payment is applied to the full payment of one or >mre Periodic Payments, such excess may be applied to my late charges due. Voluntary prepayments shall be applied first to my prepayment charges and men as described in the Note. Any application of payrnenta, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall rot extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Fund for Eeerow Items. Borrower shall pay to Lender on the day Periodic Payments arc due under the Note, until the Note is paid in full, a sum (the "Funds') to provide for payment of amounts due for: (a) taxes and assassinations; and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if my; (c) premiums for my and all wintinm required by lender under Section 5; and (d) Mortgage hummce premiums, if my, or my suns payable by Borrower to Lender in lieu of the payment of Morgage Ireurmce prerniuma in accordance, with the provisions of Section 10. These items me called 'Farrow lwms.' At origination or at my tine during the term of the Lom, lender may require tun Cnmrnucihy 4k4mll,wosi o+ rq.. n.s Fam30111 1101 00 N 4 cV x p Cr� 0 0 N Association Wes, Fees. and Assessments, if any, be escrowed by Borrower, and such dues, fees send assststimits shall be an Escrow Item. Borrower shall promptly furnish to lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to lender Funds for my or all Fscrow Items at any time. Any such waiver rosy only be in writing. In the event of such waiver, Borrower shall pay directly, what and where payable, the amounts due for my Escrow Iterrs for which payment of Funds has been waived by Lader and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such tiny period as Lender may require. Borrower's obligation to make such paymcnU and to provide receipts shall for all purposes be darted to be a coveran and agrcemem coni fined m this Security Instrument, as the phrase 'covenant and agreement' is used in Section 9. If Borrower is obligated to pay Escrow Items dimity, pursuant to a waiver, and Borrower falls to pay am anpuN dile for m Escrow Item, Lender nay examse its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lader my such mhUWnt. Lend" may, revokc the waiver as; to my or all Escrow Items at my time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lend" all Funds, and in such amounts, that arc then required under this Section 3. Lender may, at my time, collect and hold Funds in an amount (a) sutlicimt to permit Lender to apply the Funds at the time specified wrier RESPA, and (b) not to exceed the maxhnmn amount a lender can require under RESPA. Lend" shall estimate the amount of Funds due on the basis of current data and rationable estimate of expenditures of fume Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, u strunaaitality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in my Federal Home loan Bank. feller shall apply the Funds to pay the Escrow Items to later than the time specified under RESPA. Lender shall ring charge Borrower for holding and applying the Funds, annually anlalynng the escrow acenhnl or verifying the Escrow Items, unless Lader pays Borrower interest on the Funds and Applicable law pennim Lader to mune such a charge. Unless an agrttmcnt is niadc in writing or Applicable Law requires interest to be paid on the Funds, Ind" shall not be required to pay Borrower my interest or earnings on the Funds. Borrower and Lend" can agree in writing, however, that interest shall be paid on the Finds. Lender shall give in Borrower, without charge, m annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess finds in accordance with RFSPA. If there is a shortage of Funds held in escrow, as defined under RESPA. Lender shall notify Borrows as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in or, more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lander shall notify Borrower a; required by RESPA, and Borrower shall pay to Land" the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 nlontldy Payments. Upon paynsenr in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower my Funds held by lade. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can main priority over this Security Instrument. leasehold payments or ground rents on the Property. if any. and Community Association Dues, Fees, and Assessments, if my. To the extent that these items are Escrow Items, Borrower shall pay them in the instanter provided in Section 3. Borrows shall promptly discharge my lien which has priority over this Security Inmhnnmt unless Borrower', (a) agrees in writing to the paynnent of the obligation secured by the lien in a rimer acceptable to L"nkr, but only so long as Borrower is performing such agreemrnt; (b) contests the lien in gad faith nu(� Ct 4lUl rowsi o, sae ,s Form3016 riot N O U C (i ice— t0 L .C= �� 1 C-) —C I m cz� z = ry G D N CO by, or defends against mforcerent of the lien in, legal proceedings which in fender's opinion operate to prevent the enforcement of the lim while those proceedings are pending, but only until such proceedings are coed dad; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If lender determines that my pan of the Property is subject to a lien which can artain priority over this Security Instrument, Leader may give Borrower a notice identifying the lien. Within 10 days of the due on which this notice is given. Borrower shall satisfy the lien or take one or store of the actions ser forth above in this Section 4. Lender may require Borrower to pay a une,time charge for a real ease to verifiwion and/or reporting service used by lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property trained against Ioss by fire, hazards included within the term 'extended coverage," and my other hazards including, but not limited to, earthquakes and needs, for which Lender requires innmance. 'This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires_ What Lender requires pursuant to the preceding sentences can change during Ne term of the lean. The insurarre carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall out be exercised unreasonably. Lender my require Borrower to pay, in connection with this Low, either: (a) a ore -time charge for flood zone determination, certification and tracking services; or (b) a one -rime charge for flood none determination and certification services and subsequent charges each time mmappings or similar changes occur which reasonably might affect such deternninetion or certification. Borrower shall also be responsible for the payment of my fee imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain my of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. lender is under no obligation to purchase any particular type or amour of coverage. Therefore, such coverage shall cover Leede, but might or might rot protect Borrower, Borrower's equity in the Property, or the contemn of the Property, against my risk, hazard or liability and might provide grater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 3 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall beer intent at the Note nm from the due of disbursement and shall be payable, with such interest, upon notice from Lader to Bomower requesting payment. All insurance policies required by Lader and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional lou payee. Lader shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to lender all receipts of paid premiums and renewal notices. If Borrows obumes any toren of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall carne Lender as mongagx and/or as an additional loss payee. In the event of lou, Borrower shall give prompt notice to ted insurance carrier and Lender. Lender may make proof of loss if rot made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, my insurance proceeds, whether or net the underlying insurance was required by Lader, shall be applied to restoration on repair of the Property. if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lader has had an opportunity to map= such Property to ensure the work has been completed to lender's satisfaction, provuled that inch inspection shall be undmaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments n the work is completed. Unless an agreement is made in writing or Applicable Law �8001 rososio P,a.e,r •s m Fam0014 1/01 requires interest to be paid on such insurance, proceeds, Lender shall not be required to pay Borrower any interni or earnings on such proceeds. Fee for public adjusters, or otcr third parties, rewired by Borrower mall not be paid out of the insurance proceeds and stall be the sole obligation of Borrows. If the restoration or repair is not ewnomically feasible or Lader's security would be lessened, the insurance proceeds shall be applied to the sums; secured by this Security Instrument, whether or not than due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property. Lender may file, negotiate and antic my available insurance claim and related matters. If Borrower does not respond within 30 drys to a notice from Lada that the insurance carrier has offered to settle a claim, then Lada may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In rither event, or if Lader acquires the Property under Section 22 or otherwise, Borrows hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Srcurity Instrument. and (b) any other of Borrower's rights (oil= then the right to my refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use to inimatce proceeds either to repair or restore the Property or to pay amounts unpaid under the Nine or this Security Instrument, whether or not them due. 6. Occupancy. Borrower shill ocoupy, establish, and use the Property as Borrower's principal raideoce within 60 days after the execution of this Security Insrurrhent and shall commute, to occupy the Property as Borrower's principal residence for at leas one year after the date of occupancy, unless lender otherwise egress in writing, which comets shall not be unrciwnably withheld, or unless extenuating circumstaoes exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or of Borrower is residing in the property, Borrower shall maintain the Property to order to prevent toe Property from deterimning or decnrasing in value due to its condition, Unless it is determined pursuant to Section S that repair or restoration is not economically feasible. Borrower shall promptly repair the Property if damaged to avoid fuller deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of. the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purpose. Lender may disburse proceeds for the repairs and restoration in a single paymou or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restormon. Lader or its agent may make reasonable entries upon and inspection; of the Property. If it has reasonable wase. Lsoder my inspect the interior of the improvements on the Property. leder shall give Bomty notice a the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Ian Application. Borrower shall be in default if, during the Loan application process, Borrows or my persons or entities acting at the direction of Borrower or with Borrowei s knowledge or consent gave materially false, misleading, or inaccurate information or statements to tender (or failed to provide Lender with material information) in connection with the Loan. Material representations include. but are not limited to, representations contenting Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Intereri in the Property and Bight, Under this Security Imtrnvnmt. If (a) Borrower fails to perform the covenants and agreements contained in this Security Imwment, (b) there is a legal proceeding that might significantly affect Lender's interest its the Property and/or rights under this Security Instrument (such in a proceeding in bankmpicy, probate, for condemwtim or forfeiture, for enforcement of a tion which may stain priority over this Security Imstrnment or to enforce laws or remhan,a 1102 _ N O 0 ZE ZE n to C Z r- C, r '-rn o ::rj s RI :;=-, N Q D N rn regulations), or (c) Borrower hss abandoned the Property. then Leader may do and pay for whatever is reasonable or appropriate to protea lender's interest in the Properly and rights under this Security Instrument, including protecting and/or assessing the value of the property, and securing and/or repairing the Property. Lender's anions can include, bre are trot limited to: (a) paying any sums secured by a lien which hat priority over this Security Instrument; (b) appearing m coir; std (c) paying reasonable moneys' fees to protect its interest in the property and/or rights under this Security Instrument, including its seemed position in a bankruptcy proceeding. Securing the property includes, but is not limited to, entering the Property to rake repairs, change locks, replace or board up doom and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities to red on or off. Although Lader may take action under this Section 9, Leder does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for trot taking any or all actions authorized under [his Section 9. Any amours disbursed by Lender under this Section 9 shall become additional debt of Borrower scented by this Security lnssrunsent. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lander In Borrower requesting payment. If this Security Instrument is on a leaschold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fun tide to the Property, the leasehold and the fee title shall not mage unless Under agrees to the merger in writing. 10. Mortgage Imoraratt. If Lader required Mortgage Insurance as a condition of nuking the Loam:, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lader cents to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrowe shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect. at a cost submantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is net available, Burrower shall continue to pay to tender the amoum of the separately designated payments that were due when the Insurance coverage ceased in be in effect. lender will accepi, use and retain Ilmse payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such lost reserve shall be ten-refudable, rrotwithstanding the fact that the Loan is ultimately paid in full, and Lender shall rot be required to pay borrower any interest or earnings or, such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance, coverage (in the amount and for the period that Lader requires) provided by an manner selected by Lender again becomes available, is obtained, and lender requires separately desigated payments toward the premiums for Mortgage Insurance. If lender required Mortgage Insurance as a condition of making the loan and Borrower was requited to make separately designated payments toward the prem itme for Mortgage Insurance, Borrows shall pay the premiums required to maintain Mortgage Insurance in effect, or W provide a non-refundable lou reserve, until lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Linder providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Laurance reimburses Lender (or any amity that purchases the Nom) for twain losses it may tecta if Borrower does no: repay the Loan as agreed. Bormwer is not a party to the Mortgage Insumae. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with otter parries that share or modify their risk, or relax losses. -Mese agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of fads that the mortgage insurer may have available (which ray include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Under, any purchaser of the Note, mother insurer, any reitsuner, any other =try, or my affiliate of navy of the foregoing, may receive (directly or indirectly) aroma that derive from (or might be characterised as) a portion of Bomrower's payments for Mortgage Insmanee, in exchange for sharing or modifying the mortgage iaurci s risk, or reducing losses. If such agreement 1FL11a Enol m�oe..c .a. r e e n Form 3016 1101 u W _UJI — m O _ 0 N provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the is often termed -captive reinsurarre." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other turns of the loan. Such agreements will not Increase the amount Borrower will owe for Mortgage Insurance, and thev will not entitle Borroww to any refund. (b) Any such agrrarecou will not affect the rights Borrower has - if my - with respect to the Mortgage Insurmce under the Ilomeuwncia Protection Ad of 1998 or my other law. These rights may include the right to receive certain disclosure, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance termWted automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Promeds; Forfeiture. All Miscellarmus Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Pmpeny, if the restoration or repair is economically feasible and lender's security, is nel lessened. During such repair and ressoralicn period, Lender shall have the right In hold such Miscellaneous Proceeds wail Lader has had an opportunity to inspect such Property in ensure the work has been completed to Lender's satisfaction, provided that men inspection shall be undertaken promptly. Lender may pay for the repairs and resurni ion in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires imeresl to be paid on such Miscellaneous Proceeds, Lender shall net be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miceilaneouss Proceeds shall be applied to the sums smuts by this Security InstrvmenL whether or net then due, with the excess, if my, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total tatting, destruction, or loss in value of the Property, the Miscellaneous Proceeds stall be applied to the sums secured by this Security hufrument, whether or not then due, with the excess, if my, paid to Borrower. In the event of a partial taking, destruction, or lou in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and lender otherwise agree in writing, the sums secured by this Security Isimenent stall be reduced by the annum of the Miscellaneous Proceeds :multiplied by the fallowing fraction: (a) the total entrust of the ems secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property muneditiely before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a penial taking, destruction, or low in value of the Property in which the fair market value of the Property inmediately before the partial taking, destruction, or loss in value is kw than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, mdess Borrower and Leader otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instnmem whetha or net the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Parry (as defined in the =1 sentence) offers to make an award to settle a claim for damages, Borrower fails in respond to leader within 30 days after the date the notice is give, Linder is authorized to cells and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Institutional, whether or rut then due. 'Opposing Parry" means the third party that owes Borrower Miseellanecus Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or crimimW, is begin that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights tender this Security Istrumetlt. Borrows can cure such a default red, if acceleration has occurred, reinstate in provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security hutrument. The proceeds of ry.ru+e ���� norm sura trot airy award or cla rn for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Muct,11—sous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums seemed by this Security Instrument granted by Leader to Borrower or any Successor in Interest of Borrower shall cot operate to release the liability of Borrower or any Successors in Interest of Borrower. lender shall not be required in commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of airy demand nude by the original Borrower or any Successors in Interim of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation. Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts least than the s annum then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-dgners; Succenors and Assigns Board. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, my Borrower who co-signs this Security Instrument but does not execute the Nae (a 'co-signer'): (a) is co-signing this Security Instrument only to mortgage. grant and convey the cosigner's inters) in the property under the terms of this Security Ituunmren[; (b) is not personally obligated to pay the suns secured by this Security Instmnment; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section IS, my Successor in Interest of Borrower who assumes Bormwer a obligations under tilts Security Instrument in writing, and is approved by Lader, shall obtain all of Borrower's rights and benefng under this Security Instrument. Borrower shall not be released from Borrower's obligation and liability under this Security Instrument unless lender agrees to such telem in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and berm the st,.wrs and assigns of Lender. 16. I.wn Charges. Lender may charge Borrower fns for services perfortrcd in connection with Bortowa's default, for the purpose of protecting Leader's interest in the property and rights miler this Security Instrument, including. but not limited to, attorneys fees, property inspection and valuation fes. In regard to my other fsa, the absence of express authority in this Security Instrument to charge a specific fs to Borrower shall no[ be construed as a prohibition on the charging of such fm. Lender may not charge fees thin ase expressly prohibited by this Security Insvnnrten[ or by Applicable Law. If the Iran is subject to a law which sus maximum loan charges, and that law is finally interpreted an that the interest or other loin charges collected or to be collated in connection with the Loan exceed the penmired limits, than: (a) my such tom charge shall be reduced by the amount necessary to rediae the cbmgc to the permitted limit; and (b) any sums already collected from Borrower which exceeded per imed limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without my prepayment charge (whether or not a prepayment eturge is provided for under the Now). Borrower's acceptance of my such refund made by direct payment to Borrower will constitute a waiver of my right of action Borower might have arising out of such overcharge. 15. Notion. All notices given by Borrower or lender in comection with this Security Instrument trust be in writing. Any notice to Borrows in connection with this Security Instrument shah be deemed to have been given to Borrower when mailed by first Gass mail or when actually delivered to Borrower's notice address if sent by other mems. Notice to my one Borrower shall constitute notice to all Borrowers unless Applicable law expressly requires otherwise. The notice address shall be the Property Address unless Bomewer has designated a subuiMe notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Bmmwrr'a change of address, then Borrows shall only repos a change of address through that specified procedure. There may be only one designated notice address oder this Security Instrument a my orc time. Any notice to Lander shall be given by delivering it or by mailing it by first clam mail to Lender address stated herein unless I.mder has designated another address by notice to Borrower. Any notice in q1fa JllAl ro�osi ocur oa�a Fotm]Ola 1101 n.a..... ..ate CD N F Q N Y O LiJ O. J%." J xD U F— >-L) err O -- 0 cam+ connection with this Security Instrument shall not be dimmed to have been given to Lader until actually received by lander. If any ounce required by this Security Instrument is also required under Applicable Law, the Applicable law requirement will satisfy the corresponding requirement under this Security Instrunlaut. 16. Governing Law; Severability; Rules of Construction. This Security hstni nent shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to airy requirements and limitations of Applicable Law, Applicable Law rmght explicitly or implicitly allow the parties to agree by contract or it might be silent. but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Now conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Now which ran be given effect without the conflicting prevision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words the singular shall mean and include the plural and vice versa; and (c) the word 'may' gives sole discretion without any obligation to tale any action. 17. Borrower's Copy. Borrower shall be given one copy of the Now and of this Security Instrument. 18. Trarefer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property' means any legal or beneficial interest in the property, including, but not limited to, those beneficial interests transferred in a bond for dad, contract for dad, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any pan of the Property or soy Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent. Lender may require immediate payment in fall of all suns secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If tender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not leu than 30 days from the date the notice is given in accordance with Section 15 within which Borrower most pay all most secured by this Security Ins omen. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right so Rehurtate Aller Acceleration. If Borrower mals certain conditions, Borrower shill have the right to have enforcement of this Security Wtrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property purment to any power of sale contained in this Security hstr u ant; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lader all sums which then would be due under this Security Instmment and the Note as if mo acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Irstnmment. including, but not limited to, reasonable attorneys' fees, property iaspeaion and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) tensed check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whom deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Fonds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loco Ser -Acer; Notice of Grievance. The Note or a partial interest in the Now (together with this Security Instrnmu) can be sold one or more times without prior notice to at-aMliwosim ry.n ens � � Poemmla 1101 N O F- M `Dffrn N N m Borrower. A sale might result in a change in the enity (known as the "Loan Servicer') that collects Periodic Payments due under the Note and this Security instrument and performs other mortgage low servicing obligations under the Note, this Security lasmmcnt. and Applicable Law. There also might be one or m me changes of the loan Servicer unrelated to a sale of the Note. If there is a change of the Low Servicer, Borrower will be given wrinen notice of the change which will state the name and address of the new Low Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Nine is sold and thereafter the loan is serviced by a Loan Servicer other than the purchaser of the Nae, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred m a successor Loan Servicer and are not assumed by the Now purchacr unless otheraiu provided by the Note purchaser. Neither Borrower nor Lander may commence, loin, or be joined to any judicial action (as cider an individual litigam or the member of a class) that arises from the other party's actions pursuant to this Security Instnmrern or that alleges that the other parry has breached any provision of, or any duty owed by reamn of, this Security Instrument, unfit such Borrower or Lender has notified Use other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which most elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to core given to Borrower pursuant to Section 22 and the notice of—leration given to Borrower pursuant to Section Ig shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) 'Hazardous Substances' are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental law and the following substances: gasoline, kerosme, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Lew" morns federal laws and laws of the jurisdiction where the Property is loaned that relate to health, safety or envimnmenal protection; (c) "Envimnmental Cleanup" includes any response action, temedial action, or removal sction, as defined in Environmental law; and (d) an "Envirm nmW Condition" means a condition that can cause, contribute to, or otherwise trigger an Envir mrental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten in release any Hazardous Substances, on or in the Property. Bomwer shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Eavir mmemal Law, (b) which creates an Environmental Condition, or (c) which, due m the presence, use, or relate of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply in the presence, sex, or storage on the Property of small quamities of Hazardous Substances that we generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written nice of (a) any investigation, claim, demand, lawsuit or other anion by any governmental or regulatory agency or private parry involving the Property and any Hazardous Substance or Environmental law of which Borrower has acral knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) my condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower lams, or is notified by my governmental or regulatory authority, or my private party, that my removal or other remediation of my Hazardous Substance affecting to Property is necessary. Borrower shall promptly take all necessary renedial actions in accordance with Envimnneral Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. /1llsi4itwhto.osroi --i—aa Farm3016 trot N 3 0 O a JY J_ U3 CD m 0 ti --i—aa Farm3016 trot NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows. 22. Acceleration; Remedies. Lader shall give notice to Borrower prior to acceleration following Borrower's breech or any covenant or agreement in this Security Instrument (but not prior b acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cum the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the defauh must be cured; and (d) that failure to core the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or anv other defers¢ of Borrower to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lader shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrtmmt. Lader may charge Borrower a fee for releasing this Securiry Im urn nt, but only if the fee is paid to a third parry for serviar antlered and the charging of the fee is permitted under Applicable Law. 24. Waives. Borrower relinquishes all right of dower and waives all right of homestead and distributive share in and to the Property. Borrower waives my right of exemption as to the Property. 25. HOME91EAD EXF.hMON WAIVER. I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAMS OF CREDITORS AND EMMPp FROM JUDICIAL SALE; AND THAT BY SIGNING THIS MORTGAGE, I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR TfH.S MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPON TFHS MORTGAGE. Qin - B•• -fl '-�•�1l ?O�a� war Kathleen D s01ender Due >� o Disc Borrower Date Bortower Date Bomwer Iha Borrower Borrower Dna Bon Dan Ctt 4004 meow, M1p 13.1 15 Fare 3010 Val N O E5 C-) 0 "-< I r ¢� IV D ,N Po 26. Redemption Period. If the Property is lest than 10 acres in sin and Lender waves in any foreclosure proceeding any right to a deficiency judgment against Borrower, the period of redemption from judicial sale shall be reduced to 6 monde. 1f the court finds that the Property has been abandoned by Borrower and lender waives any right to a deficiency judgment against Borrower, the period of redemption from judicial sale shall be reduced to 60 days. The provisions of this Section 26 shall be construed to conform to the provisions of Sections 628.26 and 628.27 of the Code of Iowa. IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERM IN WRITING ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PRONME.S NOT CONTAINED IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU MAY CHANGE 771E TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. BY SIGNING BELOW, Borrower accepts and agrees to the terms and mveoants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: �yA"M T). r I ) Kathleen D Bolenden:-9orrowa — (Sea) moom — (Seal) Bo.o _ (Seal) B..aw >'. 1. .n_ _ (seal) Bormw (Seal) Ito. _ (see)) eorm.r _ (seal) Bormwr i 30111 1/01 STATE OF IOWA, Johnson On this 20th day of December 2006 in the State of Iowa• personally appeared Kathleen D 9olender Cussly n.: before rte, a Notary Public to use personalty known to be the persons) named in and who executed the foregoing inaumrm, and aimowldgd that he/she/they executed the same as his/her/their voluntary, act and deed. My Commission Expires: MATtF1EWNumba I6sa6a t0111m169T a .011 �� • Ny Ga at-611A) rows., .N.4,�msu.. aary Public H W far asid Courcy ab Su¢ t."-F:4LiGS1 5 D —lC o�- �x D .rn �:� N OD Exhibit 3 BK: 5335 PG: 757 Recorded: 2/26/2015 at 3:55:28.590 PM Fee Amount: $12.00 Revenue Tax: Kim Painter RECORDER Johnson County, Iowa Prepared by/Remm to: Emma McFarlane' Connie Welk Loan Prepared b.- The Llliverrity flow— C -...[q Credit 17110 925 W TrrY Blvd PO. ]Me 200 On 1 2234 ti ) MI -2 MODIFICATION AND EXTENSION OF MORTGAGE This Modification and Extension of Mortgage Agreement is made this 1st dry of December 2013, by and between Kathleen D. Bolender. a smale woman. Mortgagor(s), and the University of Iowa Community Credit Union, Mortgagee. On Dec. 20 2006 Mortgagorts) executed a Nine and Mortgage to Mortgagee which was secured by a Mortgage dated Dec. 20, 2006 and recorded OU12f2007. in Book 4120, Page 30�37A of the records of the Recorder of Johnson County, Iowa, and which covered the real Property located In Johnson County, Iowa, described as follows: W 12 of Bacon's Subdivision of the south part of Block 1 of Dewey's Addition to Iowa City, lows, according to the recorded plat thereof. In exchange for valuable consideration, the receipt of which is hereby acknowledged, Morlgageir(s) and Mortgagee have agreed to modify and extend the maturity data refute Note and the Mortgage secoring mid Note. Mortgagor(s) and Mortgagee agree that as of this date, the unpaid balance due under the Note is S137.6a31b and the accrued and unpaid interest is SQQO. The Note is modified to consist of the terms as set forth In the Norte executed by Mortgagors) ov this damp and the maturity date of the Note and Mortgage is extended to December 01, 2043. The Mortgage securing said Note shall not be prejudiced by this Agreement The covenants and agreements of the rider(s) attached form. shall be imerpoented int. and shall amend aad supplement the covenants and agreements of the Mortgage as if the rider(s) where a part of the Mortgage All ter m, covenants, obligations and conditions of the Note and the Mortgage seeming ing mid Note shall remain in full force and effect except as expremly modified herely, and Mortgagors) agrees to execute any domments(s) reasonabh required by N1 ortgagee to fulfill this Agreement Each of the undersigned acknowledge receipt of a copy of this document on the date executed. )�MORTGAGORS: aa��5✓NGLYt, tub 7Cathlrm . W der Date Bv: DB STATE OF IOWA, COUNTY OF JOHNSON, n: On this let day of Det 2013before me, a Notary Public, penoaaBy appeared, Kathleen D. Boleoder, to me known to be this persons) named lis and who executed the foregoing instrument and acknowledged that belshe/ther executed the more as his/her/their voluntary act and deed v=RY1I /`— ' -eA einanid (er ria State of Iowa By. D.droam MMORTTG,A(ZE:: UNIVERSITY OF IOWA COMMUNITY CR®IT UNION r / `� `� 13-r'Vd4J 12AL2013 By: Amy Hearemet Date By: tins McCoy Date STATE OF IONA, COUNTY OF JOIENSON, ss: Ov this jot day of Dec 2013. the undersigned, s Notary Poblic m sad for the State of Iowa, peraonatly appeared Any Hevdmoo & Kim McCoy to me pcnova0y knowq who being by me duly swum, did my that they are the Senior Vice President & Vice President respectively, of mid corporation executing the within and foregoing instrument that no sea] liar been pressured by the mid wrporatW that acid instrument was signed on behaff of said corporation by authority of its Board of Directors; and that the mid Senior Vice Pra@ait & V]caPteddent as such officers acknowledged the execution of said Instrument to be the voluntary are and deed of said corporatiogN y to them voluntarily executed. CD C! C7 '°- W - d f J U209itummaa ~n V ary Pub' iv d mr-ttestj.of to 1 0 4 N ' Predared By: University of Iowa Co 'n Credit Union. 825 Mormo Trek Blvd P-0. box 2630 IMvo Cin low& 52244,01911341-2123 CLOSED END 10/1 ARM VARIABLE RATE RIDER (One Year Treasury Index -Rate Caps) THIS VARIABLE RATE RIDER Is made this In day of Den 2013 and to incorporated into and that] be deemed to amend and supplement the Mortgage of the same date or earlier date given by the undersigned (the "Mortgagor(s)" and "Borrawer(s)") to secure Borrower's Variable Rate Note (the `Note") to the University of Iowa Com ennity Credit Union, its successors and/or assign (the "Mortgagee- and "Note Holder") of the some date and covering the property described in the Mortgage and located at: 905 N. Governor St_ Iowa Cite IA $2245 Property Address THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE MORTGAGOR'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE MORTGAGOR MUST PAY. ADDITIONAL COVENANTS. In addttfov to the covenant and agramma made to the Mortgage, Mortgagor and Mortgagee further covemant and agree an follows: INTEREST RATE AND MONTHLY PAYMENTS CHANGES The Note provides for on initial ivterett rate of 4.00Y The Note provides for changes to the interest rate and the monthly payment as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Date, The Interest rate I will pay may change on the first day of Dec 2023, and on that day every 12's month thereafter. Each date on which my interest rate could change Is called Change Data (B) The Index The Annual Percentage Rate (the `interest rate") may increase during the term of this transaction. Beginning with the first Change Date, the interest rate will be based on an Index. The Index is the weekly average yield on United States Treasury securities adjusted to a anstant maturity of one year, as make available by the Federal Reserve Board rounded to the nearest %. The Annual Percentage Rate on existing balances will change on the Change Date, subject to annual and lifetime interest rare Hunts deacrlbed in paragraph 4(D). Any increase in the interest rate will result in payments of a higher amount. If the Index is no longer available, the Note Holder Old choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes On mete Change Date, the Note Holder will calculate my new interest catchy adding Iwo and three quarto percestmge points (2.750%) to the current Index. Subject to Omits stated in Section 4(D) below, this rounded amount will be my new Internet rate until the next Change Date. The None Holder will then determlve the amount ofthe monthly payment that would be sufficient to repay the unpaid principal that 1 am expected to owe at the Change Date in full on the maturity date at my new Interest nee in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits On Interest Rate Changes The Interest rate I am required to pay at the first Change Date will not be greater than 6.000a/a or lest thus 5500%. Thereafter, my Interest rate will never be increased or decreased on any single Change Daft, by more than 2.2QYe from the nm of (mere" I have been paying for the preceding twelve months. If the interest rale is Increased on say singe Change Date, the &cannot of the change will never be In, than 156 from the rate of interest I have been paying for the preceding twelve months. My interest rate will never be grater than 10_00%. The interest nm will never be less than 5.00%. (E) Effective Date of Changes My new interest rate well become effective on each Change Date, l will pay the amount of em uen monthly payment beginning an the first monthly payment date after the Change Date "fit the amount of my monthly payment changes again. (F) Notice of Changes The Nine Holder will deliver or mad to me a nutlet Of any Changes in my interest rate and the amount of my monthly payment before a payment at the new level B due. The notice will inelntle information required by law to be given to me ad also the title and telephone number of a person who will answer any gaestions 1 may have regarding the notice. BY SIGNING BELOW, Mortgagor(s) aeeept(s) and agree(,) m the terms and covenants contained in this Variable Rate Rider. Bolen, liathleev D. olada Borrower. —. CD t n c i CI) [ I —i C7 Ol 1 CM I� E)� N CID Exhibit 4 UNIVERSITY OF IOWA COMMUNITY CREDIT UNION POST OFFICE BOX 800, NORTH LIBERTY, IOWA 52317 September 06, 2018 KATHLEEN D BOLENDER 905N GOVERNOR ST IOWA CITY IA 52245 Creditor. University of Iowa Community Credit Union Loan ID #'- Seared by property located at 905 N. GOVERNER ST. IOWA CITY,IA 52245 Account Number: - Principal Balance: $128,145.34 Unpaid Interest: $938.67 Past Due Amount: $1,852.16 Late Fee: $0.00 Next Payment Date: 8/1/2018 Daily Rate: 0.00 Notice of Right to Cure Dear Member. This credit transaction is now in default. The default maybe corrected until Monday, October 8, 2018. If it is corrected the contract may continue as though there was not a default The default consists of failure to pay $1,852,16 for a mortgage loan. Correction of default: Before Monday, October 8, 2018, $1,852.16 needs to be paid to the University of Iowa Community Credit Union, 2355 Landon Rd, North Liberty, IA 52317-OSM Failure to core the default before Monday, October 8, 2018may result in acceleration of the sums secured by the mortgage, foreclosure by judicial proceedings and sale of the property. If there is a default again in the next year, the Credit Union may exercise its rights without sending you another notice like this. You have the right to reinstate the mortgage after acceleration. If you meet certain conditions, you shall have the right to have enforcement of the Security Instrument discontinued at any time prior to the earticst of: (a) five days before sale of the Property pursuant to any power of sale contained in the Security Instrument; (b) such other period as Applicable Law might specify for the termination of your right to reinstate; or (c) entry of a judgment enforcing the Security Instrument Those conditions are that you: (a) pay the University of Iowa Community Credit Union all sums which then would be due under the Security Instrument and the Note as if no acceleration had occurred (b) cures any default of any other covenants or agreanents; (c) pays all expanses incurred in enforcing the Security Instrument, including but not limited to, reasonable attorneys' fees, property inspection and valuation fee$ and other fees incurred for the purpose of protecting the University of Iowa Community Credit Union's interest in the Property and rights under the Security Instrument; and (d) takes such action as the University of Iowa Community Credit Union may reasonably require to assure that the University of Iowa Community Credit Union's interest in the Property and rights under the Security Inswment, and your obligation to pay the sums secured by the Security Instrument, shall continue unchanged. The University of Iowa Community Credit Union may require that you pay such reinstatement sums and expenses in one or more of the following forms, as selected by the University of Iowa Community Credit Union: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Fund Transfer. Upon reinstatement by you, the Security Instrument and obligations secured thereby shall remain fully effective as if no acceleration bad occurred However, this right to reinstate shall not apply in the case of acceleration under Section 18 of the Security Instrument 00 You have the righru assert Whe foreclosure proceeding the nonexistence of a default or any other defense you may have to acceleration and foreclosure. N Y�3t Smcc Tim sher ' 0 Accou=lutior( SpeqNUP 1-800+Jj 3719 a 319-34UI443 U'- tasher@uiceu.org 0 N This is an attempt to collect a debt Any infonaaion received shall be used for that purpose. We may report information about your acc umr to credit bureaus Late payments, missed payments, or other defaults on your account may be reflected in your credit report. University Of Iowa Community Credit Union c 2355 Landon Road, PO BOX 800, North Liberty, lA 52317 080¢ antra' nor ; . November 30, 2018 KATHLEEN D BOLENDER 905 N. GOVERNER ST., IOWA CITY, IA 52245 RE: MORTGAGE ACCELERATION Real Estate Mortgage on property at 905 N. GOVERNER ST., IOWA CITY, IA 52245 Loan ID: - 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 905 N. GOVERNER ST. IOWA CITY, IA 52245 The amount due pursuant to the terms of your note and mortgage as of November 30, 2018 is $129,702.89 plus interest from November 30, 2018 at the rate of $14.13 per day until payment in full. Failure to pay said amount, plus accruing interest on or before December 16, 2018 may result in foreclosure by judicial ceedingand sale of the property. r Tim Asher Account Resolution Specialist 1-800446.3719 319-341-2113 tasher@uiccu.org Mortgage Mediation Notice is enclosed as required by Iowa Code section 654.4B(2). This is an attempt to collml a debt. Any information received shall be used for that purpose. N a_ 3> M �rn = m o� 7T N co Mortgage Mediation Notice is enclosed as required by Iowa Code section 654.4B(2). This is an attempt to collml a debt. Any information received shall be used for that purpose. Mortgage Mediation Notice You are receiving this notice because (1) your lender believes that your mortgage is seriously delinquent, or (2) a foreclosure petition was recently filed against you. The purpose of this notice is to inform you that help is available through Iowa Mortgage Help, a State of Iowa -sponsored program. yelp is available Iowa Mortgage Help is a group of organizations partnering with the. Iowa Attorney General's Office and the Iowa Finance Authority to offer all Iowans access to free, confidential mortgage counseling with local organizations located right here in Iowa. Iowa Mortgage Help is here to assist you in working through your situation. Please call 1-877622.4866 as soon as possible. The earlier you call, the more options that are available to you. When you call, you will be referred to a trained, professional counselor who will listen to your situation and offer free, confidential advice through each step of the process. In some cases, we are able to work with lenders and borrowers to restructure mortgage terms. While we are not able to help everyone, we are able to help the majority of homeowners who call Iowa Mortgage Help. The fact that a foreclosure petition may be or has been filed against you does not necessarily mean that you will lose your house. It is NOT too late. There is still time for help. Do Not Delay. This may be your best chance to save your home from foreclosure. Call 1-877-622-4866 today or go to IowaMortgageHelp. com. This free call could save your home. Iowa Mortgage Help 1-877-622-4866 www.lowaMortgageHelp.com This mice is tieing prwided as required by Iowa Code section 654.4B(2). END OF CASE FILE E -FILED 2019 AUG 012:39 PM JOHNSON - CLERK OF DISTRICT COURT ROBERT SPIES, Plaintiff, W-11 IN THE IOWA DISTRICT CITY OF IOWA CITY, and all KNOWN AND UNKNOWN PARTIES, Defendants. tT FOR JOHNSON COUNTY TO THE ABOVE NAMED DEFENDANTS: Yo a are hereby notified that there is now on file in the office of the clerk of the above court a petition in Lhe above -entitled action, a copy of which petition is attached hereto. 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 for 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 COURTS RULES CHAPTER 16: hgp://www.iowacourts.state.ia.us/Efile The Plaintiff's attorneys are Farl Greene, Tim Semelroth and Emily Anderson, whose address is Suite 1140, 425 Second Street SE, Cedar Rapids, Iowa, 52401 (319) 365-9200. You are further notified that unless, within 20 days after service of this original notice upon you, you serve, and within a reasonable time thereafter a -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. If you need assistance to participate in court due to a disability, call the disability coordinator at (319)398-3920 ext. 1105 and ask for Julie Fette or email julie.fette(wiowacourts.gov. Pei sons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942). Disability coordinators cannot provide legal advice. (SEAL) NOTE: The attorney who is expected to represent the defendant should be promptly advised by defendants of the service of this notice. Flr.( — CcOK- CA-T6,orn fpr C..Pt - McChrisiz� LAW NO. )>.. cCi --t m ern �. m ORIGINAL NOTICE !� D p W TO THE ABOVE NAMED DEFENDANTS: Yo a are hereby notified that there is now on file in the office of the clerk of the above court a petition in Lhe above -entitled action, a copy of which petition is attached hereto. 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 for 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 COURTS RULES CHAPTER 16: hgp://www.iowacourts.state.ia.us/Efile The Plaintiff's attorneys are Farl Greene, Tim Semelroth and Emily Anderson, whose address is Suite 1140, 425 Second Street SE, Cedar Rapids, Iowa, 52401 (319) 365-9200. You are further notified that unless, within 20 days after service of this original notice upon you, you serve, and within a reasonable time thereafter a -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. If you need assistance to participate in court due to a disability, call the disability coordinator at (319)398-3920 ext. 1105 and ask for Julie Fette or email julie.fette(wiowacourts.gov. Pei sons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942). Disability coordinators cannot provide legal advice. (SEAL) NOTE: The attorney who is expected to represent the defendant should be promptly advised by defendants of the service of this notice. Flr.( — CcOK- CA-T6,orn fpr C..Pt - McChrisiz� E -FILED 2019 AUG 02 9:33 AM JOHNSON - CLERK OF DISTRICT COURT STATE OF IOWA JUDICIARY case No LACV081079 County Johnson Case rttr ROBERT SPIES VS CITY OF IOWA CITY THIS CASE HAS BEEN FILED IN A COUNTY THAT USES ELECTRONIC FILING. Therefore, unless the attached Petition and Original Notice contains a hearing date for your appearance, or unless you obtain an exemption from the court, you must file your Appearance and Answer electronically. You must register through the Iowa Judicial Branch website at 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.towacourts.state.1a.us[Eftle FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS, REFER TO DIVISION VI OF IOWA COURT RULES CHAPTER 16: htto://www.iowawurts.state.ia.us/Elle 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) 3983920 . (If you are hearing impaired, call Relay Iowa TTY at 1-500-735.2942.) Dafe Issued 08/02/201909:33:58 AM District Clerk of Johnson County /s/ Maria Montes de Oca r rn E -FILED 2019 AUG 012:39 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY ROBERT SPIES, Plaintiff, VS. CITY OF IOWA CITY, and all KNOWN AND UNKNOWN PARTIES, CASE NO. o o e PETITION AT LAW ANI}�LT�LY , DEMAND=acs CD ;<M a. m o� W Plaintiff, by and through his attorneys, hereby states his claims against the Defendants as follows: Iowa. COMMON ALLEGATIONS 1. Plaintiff is and was at all times material hereto, a resident of Tipton, Cedar County, 2. City of Iowa City is a governmental entity duly organized and existing in the United States of America with its seat of government in Iowa City, Johnson County, Iowa. 3. On or about August 29, 2017, at approximately 7:00 a.m., Robert Spies was in Iowa City in the course of his employment as a Foreman for Advanced Electric. 4. Upon information and belief, at the aforementioned time and place, Robert Spies began climbing into an underground electrical vault located on West Burlington Street, to plan the installation of a pipe for fiber optics. 5. Upon information and belief, the electrical vault described in paragraph 4 was owned by the City of Iowa City. 6. Upon information and belief, when Plaintiff was climbing down the vault's ladder into the vault, the bottom rungs of the ladder broke, the ladder collapsed, and Plaintiff fell to the bottom of the vault. 7. Robert Spies suffered injuries as a result of the incident described in paragraph 6. 8. Upon information and belief, the ladder in the vault was bent and rusted. 9. Upon information and belief, the City of Iowa City, its agents, or employees, failed to maintain the ladder in the electrical vault described in paragraph 4. E -FILED 2019 AUG 01 2:39 PM JOHNSON - CLERK OF DISTRICT COURT 10. Upon information and belief, the City of Iowa City knew, or through reasonable care should have known, that a dangerous condition existed in the electrical vault where Robert Spies was injured. 11. Upon information and belief, the City of Iowa City had a duty to warn workers against dangerous conditions existing in the electrical vault where Robert Spies was injured. 12. The City of Iowa City, its agents and/or employees, were generally and specifically negligent in its failure to warn of a dangerous condition and failure to properly maintain the ladder in the electrical vault where Robert Spies was injured. 13. The negligence of the City of Iowa City was a proximate cause of the injuries and damages suffered by the Plaintiff. 14 The City of Iowa City had a duty to maintain a ladder that was fit for its intended use. N 15. The ladder in the vault where Robert Spies was injured was not fit-fnr its Mended C �+ use. D - —1 cavi o 16. The amount in controversy exceeds the jurisdictional minimums. 12� CO�-- <r C- COUNTI 0 D Plaintiff Robert Spies, for his cause of action against the City of Iowa City, sates as follows: herein. 17. Plaintiff repleads paragraphs 1 through 16 of the Petition as though fully set forth 18. The City of Iowa City knew or in the exercise of reasonable care should have known that the lack of maintenance of the electrical vault and its ladder created an unreasonable risk of injury to a person in Robert Spies' position. 19 The City of Iowa City knew or in the exercise of reasonable care should have known that Robert Spies would not discover the dangerous condition in sufficient time to protect himself from injury. 20. The City of Iowa City was generally negligent in its maintenance of the ladder in the electrical vault where Robert Spies was injured. 21. The City of Iowa City, through its employees and agents, was negligent in: E -FILED 2019 AUG 01 2:39 PM JOHNSON - CLERK OF DISTRICT COURT a. Failing to use ordinary and reasonable care to maintain the ladder in the electrical vault where Robert Spies was injured in a reasonably safe condition for usual and ordinary use; b. Failing to eliminate the dangerous condition that existed in the vault; C. Failing to warn against the dangerous condition that existed in the electrical vault; and d. Other manners which may become known through the course of discovery. 22. The City of Iowa City's negligence was a proximate cause of the injuries and damages sustained by Robert Spies. 23. As a result of the City of Iowa City's general negligence and specific negligence, Robert Spies has and will in the future continue to suffer injuries and damages. WHEREFORE, Robert Spies prays for judgment against the City of Iowa City in an amount that will fully, fairly, and adequately compensate him for the injuries and damages resulting from this incident, together with interest as provided for by law, the costs of this action, and such other and further relief as is just. JURY DEMAND Plaintiff requests a jury trial on all issues triable to a jury. /s/Farl Greene Farl Greene AT0009404 /s/Emily Anderson Emily Anderson AT0009321 /s/Tim Semelroth Tim Semelroth AT0007057 r -J RICCOLO & SEMELROTH, P.C. a 425 Second Street SE, Suite 1140 o :*n c' Cedar Rapids, Iowa 52401 C-> -- Phone: (319) 365-9200 ::; °D r Fax: (319) 365-1114 {Mm a rn fgreene(a,fi htingforfaimess.com ZWX 3 kn Q eanderson(a),fijabt ingforfaimess.cont ' o tsemelroth(a),ftghtin¢forfairness.com ATTORNEYS FOR THE PLAINTIFF 3 END OF CASE FILE IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY ANTHONY J. WATSON, Plaintiff, LTA CITY OF IOWA CITY and TRAVIS GRAVES; CITY OF CORALVILLE and JEFF REINHARD Defendants No. LACV081187 ACCEPTANCE OF SERVICE I, f6mt Fuel h L hereby acknowledge receipt of a copy of the Original Notice and Petition at Law and Jury Demand attached hereto in this case, and hereby accept service of these documents on behalf of the City of Iowa City. I acknowledge receipt of said documents on the i1� day of September, 2019. 1 certify under penalty of perjury and pursuant to the laws of the State of Iowa that this acceptance is true and correct. Kelli6 Fruehling ; C:) Dy .e m T{ � .<r rn a rn m CG : FAN (Cco)<-) CA(Mc,C6Ij— t � E -FILED 2019 SEP 12 11.07 AM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY ANTHONY J. WATSON, Plaintiff, No. LACV081187 V. ORIGINAL NOTICE CITY OF IOWA CITY and TRAVIS GRAVES; CITY OF CORALVILLE and JEFF REINHARD Defendants FO THE ABOVE-NAMED DEFENDANTS: You are notified that Petition has been filed in the office of the clerk of this court naming you as the defendant in this action. A copy of the Petition, and any documents filed with it, is attached to this notice. The name and address of the Plaintiffs attorney is Martin A. Diaz, 1570 Shady Ct NW, Swisher, IA 52338. The attorney's phone number is 319/339-4350 and his facsimile number is 319/339-4426. You must serve a motion or answer within 20 days after service of this Original Notice upon you. Within a reasonable time thereafter you must file your motion or answer with the Clerk of Court for Johnson County, at the county courthouse in Iowa City, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the Petition. Johnson County uses electronic filing through the Electronic Document Management System (EDMS). Please see Iowa Court Rules Chapter 16 for general rules and information on electronic filing. Additionally, refer to Chapter 16, division VI, regarding the protection of personal information in court filings. If you need assistance to participate in court due to a disability, call the disability coordinator at 319-398-3920 ext. 1105. Persons who are hearing or speech impaired may call Relay Iowa TTY (1-800-735-2942). Disability coordinators cannot provide legal advice. Note: You are advised to seek legal advice at once to protect your interests` 11 - c7 cn rJ :� Z r r .<ri _ F o � D � m E -FILED 2019 SEP 12 4:24 PM JOHNSON - CLERK OF DISTRICT COURT STATE OF IOWA JUDICIARY CdSe"o LACV081187 county Johnson Case rine ANTHONY J. WATSON V. CITY OF IOWA CITY, 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 dale 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 fitly //wwwiowacourts.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:1twwwiowacourts.state.ra.us/Efile FOR COURT RULES ON PROTECTION OF PERSONAL PRIVACY IN COURT FILINGS, REFER TO DIVISION VI OF IOWA COURT RULES CHAPTER 16: hap:/t w .iowacourts.state.ia.us/E51e Scheduled Hearing: If you recluire the assistance or auxiliary aids or seMCRS to participate in Court because of a disability, Immediately call your dianct ADA coordinator at (319) 39"920 (If you are hearing impaired, call Relay Iowa TTY at 1400-735-2941) Data Issued 09/12/2019 0424.36 PM District park of Johnson County /s/ Wendy Lonngren N O CD D� :4m .<r m a rn Es 7Q g� _ v �.. rn E -FILED 2019 SEP 12 11:07 AM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY ANTHONY J. WATSON, Plaintiff, V. CITY OF IOWA CITY and TRAVIS GRAVES; CITY OF CORALVILLE and JEFF REINHARD Defendants LArLvo8118`i No. L=A4V079F463 PETITION AT LAW AND JURY DEMAND COMES NOW Anthony J. Watson and, for his cause of action against these defendants, states: PARTIES 1. Plaintiff Anthony J. Watson is a resident of Johnson County, Iowa. 2. Defendant City of Iowa City is a governmental entity and operates the Iowa City Police Department. 3. Defendant Travis Graves (herein "Graves") is a resident of Johnson County, Iowa and was at all times relevant an employee of the City of Iowa City Police Department (herein "IC police"), employed as a patrol officer. 4. Defendant City of Coralville is a governmental entity and operates the Coralville Police Department. 5. Defendant Jeff Reinhard (herein "Reinhard") is a resident of Johnson County, Iowa and was at all times relevant an employee of the City of Coralville Police Department (herein "Coralville police"), employed as a patrol officer. --1 Ci I.-.- Page 1 of S m p. �� 3 l0 m E -FILED 2019 SEP 12 11:07 AM JOHNSON - CLERK OF DISTRICT COURT FACTUAL ALLEGATIONS 6. On December 16, 2017, at approximately 915pm, Plaintiff was located at a Casey's Convenience Store on the corner of Dubuque Street and Market St. in Iowa City, Iowa, having parked his vehicle to get fuel. 7. At that time and place, defendant Graves approached plaintiff with the intent to investigate whether plaintiff had been recklessly operating his vehicle. 8. Defendant Graves had not seen plaintiff operating the vehicle. 9. Defendant Graves was directed to this location by a dispatcher to investigate a report of a vehicle being operated recklessly. 10. At that time and place, defendant Graves interviewed plaintiff and requested that plaintiff perform field sobriety tests. Plaintiff complied with the request. 11. At approximately 9:45 PM, defendant Graves requested a preliminary breath test from plaintiff. 12. Plaintiff complied with the request for a preliminary breath test. 13. The preliminary breath test showed no use of alcohol, a result of .00. 14. Suspicious that plaintiff might be under the influence of a drug, defendant Graves requested the assistance of Jeff Reinhard of the Coralville Police Department to perform a drug use evaluation at the Iowa City police station. 15. While he awaited Reinhard's presence, defendant Graves, at approximately 10:03pm, requested that plaintiff go to the police station for further testing. 16. Plaintiff complied with the request to go to the police station. o D� N - 1 _ C-) -in - J .<r m rn Page 2of8:IE;K = D t m E -FILED 2019 SEP 12 11:07 AM JOHNSON - CLERK OF DISTRICT COURT 17. At the police station, at approximately 10:12 PM, defendant Graves read the Implied Consent Advisory to plaintiff and requested that plaintiff provide a breath specimen for further chemical testing. 18. Plaintiff agreed to provide a breath specimen. 19. The breath specimen was taken at 10:15pm and showed no use of alcohol, a result of .00. 20. Still suspicious that plaintiff might be under the influence of a drug, defendant Graves requested Reinhard to perform a drug influence evaluation. 21. The drug influence evaluation is an unscientific, completely subjective assessment of an individual performed by an individual claiming to be expert but not qualified to interpret any results. 22. The drug influence evaluation began at 10:25 PM and ended at 11:15 PM. 23. Despite a lack of drug testing, Reinhard concluded that plaintiff was under the influence of cannabis. 24. After the completion of the drug influence evaluation, at 11:18 PM, defendant Graves requested a urine specimen from plaintiff in order to perform drug testing. 25. Plaintiff agreed to provide a urine specimen and did provide such a specimen. 26. In his report, Reinhard stated: "I collected the sample, sealed it and submitted N O it as evidence. Toxicology is currently pending." o .o *C m 27. Reinhard's report, which was prepared and signed after plaintfts"rre_-'t, r- --1C") J 1 failed to disclose that the screen for the urine specimen came back that 00ping,befolj n plaintiffs ultimate arrest. F 01 Page 3 of 8 E -FILED 2019 SEP 12 11:07 AM JOHNSON - CLERK OF DISTRICT COURT 28. The screen for the urine specimen showed no evidence of use of cannabis or any other drug. 29. At 11:52 PM, plaintiff was arrested by defendant Graves and Reinhard for operating a motor vehicle while under the influence of alcohol or a drug, first offense (herein "OWI"), a serious misdemeanor. 30. At the time of plaintiffs arrest, defendants Graves and Reinhard lacked probable cause to arrest plaintiff for OWI. 31. At the time of plaintiffs arrest, defendants Graves and Reinhard knew that in order to prove their allegation they would need to have chemical testing that established the existence of a drug in Plaintiffs body. 32. At the time of plaintiffs arrest, defendants Graves and Reinhard knew that they did not have any chemical testing to support plaintiffs arrest. 33. At the time of plaintiffs arrest, defendants Graves and Reinhard knew that the Johnson County attorney's office would not prosecute plaintiff without chemical testing to support that prosecution. 34. At the time of plaintiffs arrest, defendants Graves and Reinhard knew that plaintiff was on parole for an unrelated offense. 35. At the time of plaintiffs arrest, defendants Graves and Reinhard knew that, because plaintiff was on parole, his arrest for OWI would likely result in an additional N O charge being filed for violation of plaintiffs parole. o N 36. At the time of plaintiffs arrest, defendants Graves and Reinhar"newthat� =1 n J plaintiff would likely remain in jail until his prosecution for OWI would be�lv9J. M *� Ir. F am Page 4 of 8 Awoi,Yri:i Aak; E -FILED 2019 SEP 12 11:07 AM JOHNSON - CLERK OF DISTRICT COURT 37. At the time of plaintiffs arrest, defendants Graves and Reinhard had the option not to arrest plaintiff but to await the final results of any testing or additional testing. 38. At the time of plaintiffs arrest, defendants Graves and Reinhard knew that they would need to seek further testing of plaintiffs urine in order to support any prosecution of plaintiff for OWI. 39. At 12:11 AM on December 17, 2017, plaintiff was taken to the Johnson County Jail by defendant Graves and booked into the jail. 40. At 12:20 PM on December 17, 2017, defendant Graves filed his criminal complaint. 41. Defendant Graves' criminal complaint and affidavit failed to disclose the lack of breath and urine testing to establish that plaintiff was under the influence of any alcohol or drug. 42. Defendant Graves or Reinhard then contacted the Sixth Judicial District Department of Corrections to advise it that plaintiff, a parolee, had been arrested. 43. At 9:52 AM on December 18, 2017, an employee of the Sixth judicial District Department of Corrections filed a criminal complaint against plaintiff for violating his parole due to his arrest for OWI. 44. At 10:06 AM on December 18, 2017, an employee of the sixth judicial District Department of Corrections notified Defendant Graves that a criminal complaint had been filed against plaintiff for violating his parole due to his arrest for OWL N :*n rn 45. On January 9, 2018, the Johnson County attorney's office fileB e�-tri81v — r information accusing plaintiff of OWI, 1 s' Offense.�rn m Page 5 of 8 D r m 10MV CIIN IoM; rl .� crtiiN. SOP 2E6 I J YN a: !" Thr E -FILED 2019 SEP 12 11:07 AM JOHNSON - CLERK OF DISTRICT COURT 46. On January 19, 2018, the Coralville Police Department sent the urine specimen obtained from plaintiff on December 16, 2017 for drug testing. 47. On February 1, 2018, Coralville Police Department obtained the results from the urine specimen. The results showed no evidence of drug use from ten common drugs, including cannabis. 48. On March 6, 2018, plaintiff was released from the County Jail. He had been there since his arrest on the evening of December 16-17, 2017. 49. On April 9, 2018, the Johnson County Attorney's office dismissed the OWI charge against plaintiff for "[a]nticipated problems of proof fatal to the prosecution— breath and toxicology came back negative for alcohol and/or controlled substances." 50. On April 17, 2018, an employee of the Sixth Judicial District Department of Corrections recommended that Plaintiff be reinstated to his parole status without a need for a substance abuse evaluation. The employee noted that the "parolee lost his apartment and job while awaiting the hearing." 51. On July 19, 2018, plaintiff was formally reinstated to his parole status. 52. If not for the arrest for OWI, plaintiff would not have been charged with a violation of his probation. 53. After completion of the initial screen of the drug testing on the evening of December 16, 2017, defendants knew that they lacked adequate evidence to support an arrest of the plaintiff for the offense of OWI or a prosecution for OWI. 0 54. On February 1 ,2018, after completion of the drug testing, defe nt%1newM that they lacked adequate evidence to support the prosecution of the plaBIfFforVe (-- offense of OWI. �M _ m D Page 6 of 8 v E -FILED 2019 SEP 12 11:07 AM JOHNSON - CLERK OF DISTRICT COURT 55. Nevertheless, defendants pressed forward with the arrest and prosecution of the plaintiff. 56. Defendants knew that by continuing with an arrest and a prosecution that was unfounded that they would cause plaintiff to suffer economic loss and physical and emotional distress, which included a prolonged imprisonment, and a loss of his home and job. CAUSES OF ACTION 1. Plaintiff asserts claims against all defendants for false arrest, false imprisonment, intentional infliction of emotional distress, and malicious prosecution. 2. In addition, Plaintiff asserts a claim against all defendants for violation of his Iowa Constitutional rights as recognized by the Iowa Supreme Court in Godfrey v. State of Iowa. These constitutional rights include the right to freedom of movement and association as guaranteed by Article I, §1 of the Iowa Constitution; his right to liberty and property guaranteed by Article I, §1 of the Iowa Constitution; his right to due process, a fair trial, and equal protection guaranteed by Article 1, §6 and §9 of the Iowa Constitution; and his right against unreasonable seizure guaranteed him by Article I, §8 of the Iowa Constitution. 3. Because of the acts, omissions, and constitutional violations alleged, Plaintiff has suffered restrictions on his liberty, has been deprived of his constitvgonal 0 right to be free from unreasonable seizure and imprisonment of his persoc!�t-puffered th- J humiliation, mental anguish, and emotional distress of being wrongfully,%-cOsEZofar �r— crime; has suffered and will continue to suffer emotional distress, and tt%alAn of ii civil rights, all to his damage and detriment in amounts to be proven at tRal. In4addition, Page 7 of 8 � Y=�� fi 'E'✓ '" ,ip I v ylls p,_, a - _ v ��'�.���v ro '� �+C� .'�' 4 i � ,'�_�+ 'I 10A may, - ,.:.'�e� r fi 'e, , d � - I ' t r +tk 4 'iYi•tF>. w, 2 s i _ '� c'1�� Moi ^,. I a - �, '�.,, �iiu v ' ' Tkt a ^� '' ' J i w.- , y. fr y'%, f�' I ���` .� M +P cu, :. g'�+ II s'•< IJ1i � r✓ ms f opt ell... 6 1 Y � •:: V 4 .� '�P�"�, 1 :i f 'T ,�+ay* , m`-�z � '�IR'Yw ��~" i�7` e. � , �4•'t � �.� . TOE, • 4 is e. I ,� q`. .1 +f eu " `F - uW •' +.'� "^a $. ,;'P14 ?i.�' 5,6".y�r� �p :% x ,i.� � `� • r i y i aY L• 5�" 1x�r„ y ky � i' ydav8%i �, 9'G U �� �.'� �y{ R s''• }� � n. � r '• 1 to � 5 1 S R�41,:°..4,V4f�l..h.r." -.,; `4 � � .. � r u, 6• � � rah r,q .sxo r E -FILED 2019 SEP 12 11:07 AM JOHNSON - CLERK OF DISTRICT COURT Plaintiff has suffered economic loss in the form of loss of income and the loss of his home. 4. In addition, under the Godfrey v. State of Iowa decision, Plaintiff seeks punitive damages against Defendants Graves and Reinhard, in an amount that will deter them, and others similarly situated, from such conduct in the future. 5. Finally, Plaintiff seeks an award of common law attorney's fees. 6. The damages claimed exceed the jurisdictional limits pursuant to Rule 6.105 of the Iowa Rules of Appellate Procedure. WHEREFORE, Plaintiff prays for judgment against all defendants for a reasonable amount of compensatory damages sufficient to compensate him, together with punitive damages against each individual Defendant, attorney's fees and expenses, and for interest and costs as provided by law. JURY DEMAND Plaintiff hereby demands a trial by jury of all fact issues in this case. Respectfully submitted, /s/ Martin A. Diaz Martin A. Diaz 000009676 ICIS AT0002000 1570 Shady Ct NW Swisher, IA 52338 Telephone: 319.339-4350 Facsimile: 319.339-4426 E -Mail: martva()martindiazlawfirm.com N _O Ej�O H r �rn = rn o� 0 Page 8 of 8 D F v END OF CASE FILE SRF 36417 WELL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, New York 10153 Telephone: (212) 310-8000 Facsimile: (212) 310-8007 Ray C. Schrock, P.C. Jacqueline Marcus Garrett A. Fail Sunny Singh o Attorneys for Debtors � o and Debtors in Possession D UNITED STATES BANKRUPTCY COURT C-) { F' C SOUTHERN DISTRICT OF NEW YORK M f^ x T r v . D w In re Chapter 11 SEARS HOLDINGS CORPORATION, et ab, Case No. 18-23538 (RDD) Debtors.' (Jointly Administered) x NOTICE OF (I) BALLOT TO OPT -IN TO ADMINISTRATIVE EXPENSE CLAIMS CONSENT PROGRAM AND (II) BALLOT TO OPT -OUT OF ADMINISTRATIVE EXPENSE CLAIMS CONSENT PROGRAM PLEASE READ AND FOLLOW THE ENCLOSED INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE (1) OPT -IN BALLOT ATTACHED HERETO AS EXHIBIT A OR (II) OPT -OUT BALLOT ATTACHED HERETO AS EXHIBIT B. IF YOU DO NOT TAKE ANY ACTION, YOU WILL BE DEEMED TO BE BOUND BY THE ADMINISTRATIVE EXPENSE CLAIMS CONSENT PROGRAM, BUT NOT ENTITLED TO THE BENEFITS THAT WILL BE PROVIDED TO HOLDERS OF ADMINSTRATIVE EXPENSE CLAIMS WHO TIMELY OPT IN TO THE ADMINISTRATIVE EXPENSE CLAIMS CONSENT PROGRAM, AS DESCRIBED BELOW. ' The Debtors in these Chapter 11 Cases, along with the last four digits of each Debtor's federal tax identification number, are set forth in the Order Directing Joint Administration ofReiated Chapter 11 Cases (ECF No. 118). The location of the Debtors' service address is 3333 Beverly Road, Hoffman Estates, Illinois 60179. ca: CA (I horrt{py) {Y1c (i h f t Siu ) FI Ki CCook) J VOTER ID: 710449 182353801023955 SRF 36417 IN ORDER FOR YOUR OPT -IN BALLOT OR OPT -OUT BALLOT TO BE EFFECTIVE, THE APPLICABLE BALLOT MUST BE ACTUALLY RECEIVED BY NOVEMBER 18, 2019.2 AT 4:00 P.M. (PREVAILING EASTERN TIME) (THE 11OPT-IN/OPT-OUT DEADLINE"). FAILURE TO OPT -IN TO THE ADMINISTRATIVE EXPENSE CLAIMS CONSENT PROGRAM BY COMPLETING AND TIMELY SUBMITTING AN OPT -IN BALLOT MEANS YOU WILL NOT BE ENTITLED PARTICIPATE IN TO THE INITIAL DISTRIBUTION (AS DEFINED HEREIN). FAILURE TO OPT -OUT OF THE ADMINISTRATIVE EXPENSE CLAIMS CONSENT PROGRAM BY COMPLETING AND TIMELY SUBMITTING AN OPT -OUT BALLOT WILL BIND YOU TO THE TERMS OF THE ADMINISTRATIVE EXPENSE CLAIMS CONSENT PROGRAM. On October 15, 2019, the Bankruptcy Court for the Southern District of New York (the `Bankruptcy Court") entered an order confirming the Modified Second Amended Joint Chapter 11 Plan of Sears Holdings Corporation and its Affiliated Debtors [ECF No. 52931 (the "Plan"),' approving, among other things, a proposed consent program for holders of Administrative Expense Claims (the "Administrative Expense Claims Consent Program") by and among the above - captioned debtors and debtors in possession (collectively, the "Debtors"), the Creditors' Committee and the Ad Hoc Vendor Group4 [ECF No. 5370] (the "Confirmation Order").' You are receiving the opt -in ballot (the "Opt -In Ballot"), attached hereto as Exhibit A, and the opt -out ballot (the "Opt -Out Ballot" and together with the Opt -In Ballot, the "Election Ballots"), attached hereto as Exhibit B, because, as a holder of an Administrative Expense Claim,6 you are entitled to opt -in to or opt -out of the Administrative Expense Claims Consent Program. If you do not take any action, you will be deemed to have opted in and will be bound by the Administrative Expense Claims Consent Program, but not entitled to any benefits that will be provided to holders of Administrative Expense Claims who affirmatively opt -in to the Administrative Expense Claims Consent Program prior to the Opt-In/Opt-Out Deadline, namely, participation in an initial distribution of $21 million on or about December 1, 2019 to all holders of Administrative Expense Claims who opt -in to the Administrative Expense Claims Consent Program. All Holders of Administrative Expense Claims (other than the Ad Hoc Vendor Group that is deemed to have opted -in) have an option to opt -in to or opt -out of the Administrative Expense Claims Consent Program and releases contained therein. The Creditors' Committee and the Debtors recommend that you affirmatively opt -in to and do Lot opt-ouLfhe Administrative Expense Claims Consent Program. cn r f> =o L1j Q wr J ® F 1 2 ilfIRy-thra33) ds6� after service of this notice. ' CapitalizecRrms used but not otherwise defined herein shall have the meanings set forth in the Confirmation Order or the Plan. 4 The "Ad Hoc Vendor Group" means collectively, Whitebox Asymmetric Partners, LP, Whitebox Multi -Strategy Partners, LP, Hain Capital Investors Master Fund, Ltd., and Cherokee Debt Acquisition, LLC. 'Copies of the Plan, Confirmation Order, and the Administrative Expense Claims Consent Program Term Sheet may be accessed free of charge by visiting the website maintained by the Debtors' agent, Prime Clerk, LLC (the "Claims and Noticing Agent") at https://restructuring.ptimeelerk.com/sears. 6 Specifically, you are receiving the Election Ballots because either (i) the Debtors believe you may be a Holder of an Administrative Expense Claim as of August 6, 2019 or (ii) you filed a proof of Administrative Expense Claim, filed a motion seeking allowance of an Administrative Expense Claim, or have otherwise asserted an Administrative Expense Claim in these Chapter 11 Cases. 2 VOTER ID: 710449 IIII 182353801023955 I I I III SRF 36417 TREATMENT OF ADMINISTRATIVE EXPENSE CLAIMHOLDERS WHO AFFIRMATIVELY OPT -IN All holders of Allowed Administrative Expense Claims that affirmatively opt -in (the "Opt -In Settled Admin Claims") to the Administrative Expense Claims Consent Program prior to the Opt-In/Opt-Out Deadline shall receive, among other things.' • Their pro rata share of $21 million ("Initial Cash Pool"), on or about December 1, 2019 (the percentage recovery, the "Initial Recovery"); • total recovery capped at 75'% of the Allowed Administrative Expense Claim; • such $21 million shall only be available to holders of Opt -In Settled Admin Claims who consensually agree with the Debtors to the Allowed amount of the Opt -In Settled Admin Claims; • consensual reconciliation of the Allowed amount of Opt -In Settled Admin Claims (including on account of 503(b)(9) and 503(b)(1) issues regarding inducement, date of receipt, port of origin, etc., and any exposure on account of preference actions), to be completed within 30 days from the date of receipt of the Opt -In Ballot (the "Expedited Reconciliation"); • to the extent the Debtors, the Creditors' Committee, and the holder of the Opt -In Settled Admin Claim are unable to consensually resolve the Allowed amount, such resolution shall be subject to reconciliation on an agreed-upon schedule as reasonably agreed to by the Debtors, the Creditors' Committee, and the applicable holder of an Opt -In Settled Admin Claim; • for the avoidance of doubt, any waiver or settlement of any preference action shall be considered on a case-by-case basis; and • holders who do not agree with the Debtors and the Creditors' Committee on the Allowed amount of Opt -In Settled Admin Claims shall be deemed to hold a Non Opt -Out Settled Admin Claim. TREATMENT OF ADMINISTRATIVE EXPENSE CLAIMHOLDERS WHO NEITHER OPT -IN NOR OPT - OUT All Holders of an Allowed Administrative Expense Claim against the Debtors who neither (i) opt -in to the Administrative Excense Claims Consent Proeram nor 60 opt -out of the Administrative Excense Claims Consent Proeram prior to the Opt-In/Opt-Out Deadline (the "Non Opt -Out Settled Admin Claims," and together with the Opt -In Settled Admin Claims, the "Settled Administrative Expense Claims") shall receive, among other things: ru 0 • its pro rata share of the Second Distribution, which will be shared only by d(her hot s of ion Opt - Out Settled Admin Claims until they have received a percentage of distriten o r Noii bp [o t- Oul Settled Admin Claims that is equal to the Initial Recovery provided [t rs etpt-IdSMIed Claims; c -t r r— r -v M • total recovery capped at 80% of the Allowed Administrative Expense Clair2�5WthdMith tbditial Recovery, the "Settled Admin Expense Claims Recovery"); -,<r • Expedited Reconciliation to be completed within 30 days from the Opt-Inkipt-OuKDeadline; • to the extent the Debtors, the Creditors' Committee, and the holder of the Non Opt -Out Settled Admin Claim are unable to consensually resolve the Allowed amount, such resolution shall be subject to reconciliation on an agreed-upon schedule as reasonably agreed to by the Debtors, the Creditors' Committee, and the applicable holder of a Non Opt -Out Settled Admin Claim; and • any waiver or settlement of any preference action shall be considered on a case-by-case basis. All holders of Administrative Expense Claims who do not opt out of the Administrative Expense Claims Consent Program will be deemed to be satisfied in full on account of such claim once they have received payment in cash equal to (i) 75% of the applicable Allowed Administrative Expense Claim on account of Opt -In Settled Admin 'Ile following is an illustrative summary of the benefits of the Administrative Expense Claims Consent Program and is qualified in its entirety by reference to the applicable provisions in the Confirmation Order. IM911 A_IIMILI1-11M IIIIIIIIIIIIIIIIIIIIII IIIIIIII IIIIIIIIIIIII (III III 182353801023955 SRF 36417 Claims, and (ii) 80% of the applicable Allowed Administrative Expense Claim on account of Non Opt -Out Settled Admin Claims. Any Distributions made on account of Settled Administrative Expense Claims shall not be subject to disgorgement, including without limitation, upon any conversion or dismissal of the Chapter 11 Cases. And upon entry of the Confirmation Order, all Settled Administrative Expense Claims shall be Allowed against the Debtors in these Chapter l 1 Cases on a consolidated basis, or upon any conversion or dismissal of the Chapter I 1 Cases. TREATMENT OF ADMINISTRATIVE EXPENSE CLAIMHOLDERS WHO OPT -OUT If you opt out of the Administrative Expense Claims Consent Program prior to the Opt-WOpt-Out Deadline, you will retain the right to receive payment of the Allowed 100% of your Administrative Expense Claim, but payment of your Administrative Expense Claim shall occur on the latest of (i) the Effective Date, (ii) the first Business Day after the date that is thirty (30) calendar days after the date such Administrative Expense Claim is Allowed, and (iii) the next Distribution Date after such Administrative Expense Claim is Allowed. Holders of opt -out Claims will not be entitled to participate in the Initial Distribution, Second Distribution, or any further distribution until the Plan has become effective or the Settled Administrative Expense Claims have been satisfied. ADDITIONAL INFORMATION Pursuant to the Administrative Expense Claims Consent Program, holders bound by the Administrative Expense Claims Consent Program shall be paid in the following order of priority: (1) Holders of Opt -In Settled Admin Claims of their pro rata share of the Initial Cash Pool; (2) Holders of Non Opt -Out Settled Admin Claims of their pro rata share up to a percentage recovery equal to the Initial Recovery; and (3) all Holders bound by the Administrative Expense Claims Consent Program of the remaining unpaid amount of their Allowed Administrative Expense Claims up to the Settled Admin Expense Claims Recovery. Each Holder of a Settled Administrative Expense Claim also agrees (1) to support the Plan; and (2) that acceptance ofand consent to the Administrative Expense Claims Consent Program will be deemed consent to the Plan, acceptance of are treatMent under the Plan in satisfaction of section 1129(a)(9) of the Bankruptcy Code, and agreement to ides t4irelm ncluded in the Administrative Expense Claims Consent Program. � — n- J>- Treatment of Holders of Administrative Expense Claims v~ _Under Administrative Expense Claims Consent Program N >- U r g v '.w p 3 C. Opt-In Settled Admin Non Opt -Out Settled Opt -Out Administrative o Claims Admin Claims Expense Claims Maximum`Aecovery on 75% of Allowed 80% of Allowed Amount 100% of Allowed Amount Account of Allowed Amount Administrative Expense Claim Participates in Distribution Yes No No of $21 million Initial Cash Pool on or about December 1 2019 Participates in Second Nos Yes No Distribution Distribution on the Later of N/A N/A Yes (i) the Effective Date, (ii) 30 days after Allowance of the Claim, and (iii) the next Distribution Date after Allowance of the Claim s To the extent there are any amounts remaining for distribution after the Non Opt -out Settled Admin Claims have received the percentage recovery equal to the Initial Recovery, the Opt -In Settled Admin Claims shall share pro rata in such excess with the Non Opt -Out Settled Admin Claims. 4 VOTER ID: 710449 182353801023955 VII IIIIII SRF 36417 Claims Reconciliation to Within 30 days of Within 30 days after Opt- In ordinary course occur receipt of Opt -In Ballo[ In/Opt-Out Deadline In order to o t -in to or out -out of the Administrative Expense Claims Consent Program, you must complete, execute, and submit your Opt -In Ballot or Opt -Out Ballot to the Claims and Noticing Agent so that your Opt -In Ballot or Opt -Out Ballot is actually received by the Claims and Noticing Agent on or before the Opt-In/Opt-Out Deadline, which is November 18, 2019, at 4:00 p.m., Prevailine Eastern Time. You are strongly encouraged to review the Administrative Expense Claims Consent Proeram Term Sheet and the Plan before you make an election. You may wish to seek legal advice concerning the Administrative Expense Claims Consent Program and the Election Ballots. Acceptable Methods to Complete and Submit Your Election Ballots. You may elect to opt -in to or opt -out of the Administrative Expense Claims Consent Program by completing and submitting (i) an electronic Opt -In Ballot or Opt -Out Ballot through the dedicated, online portal maintained by the Claims and Noticing Agent ("E -Ballot") or (ii) one of the paper -copy Election Ballots (the "Paper Election Ballots"). In either case (E -Ballot or Paper E elation Ballots), you must submit your Opt -In Ballot or Opt -Out Ballot to the Claims and Noticing Agent so that it is actual) ceived by the Claims and Noticing Agent on or before the Opt-In/Opt-Out Deadlines. CD C -)C) µ 4 y CERTAIN RISK FACTORS TO BE CONSIDERED > . --I — c") N r— r 1 1. Risks Related to Debtors' Ability to Make Distributions rn � (a) Debtors' Assets Available for Distributions W As described in greater detail in the Griffith Declaration, Murphy Declaration, and Transier DFAlaration,9 the Debtors' Assets as of the September 18, 2019 include approximately $173.5 million comprised of (i) approximately $50.1 million in cash on hand, (ii) $33.4 million on account of other Assets to be monetized, and (iii) approximately $97 million owed by Transform for the assumptions of 503(b)(9) Claims1D (the "Additional Asset Proceeds"): • Cash on Hand at 9/18/19 $ 50.1 Calder Net Proceeds 10.0 Real Estate Proceeds 13.1 De Minimis Assets 5.3 2017 EDA Funds 5.0 Transform 503(b)(9) Obligations 90.0 Total Sources $ 173.5 In addition, the Debtors believe they will receive significant recoveries from the proceeds of certain valuable litigation assets, including avoidance action arising under section 547 of the Bankruptcy Code or any comparable "preference" action arising under applicable non -bankruptcy law (collectively, the "Preference Actions"), certain 9 Declaration of Brian J Griffith in Support of Confirmation of Modified SecondAmendedJoint Chapter 11 Plan of Liquidation of Sears Holdings Corporation and its Affiliated Debtors (ECF No. 5148) (the "Griffith Declaration"), Declaration of William Murphy in Support of Confirmation of Modified Second Amended Joint Chapter 11 Plan of Liquidation of Sears Holdings Corporation and its Affiliated Debtors (ECF No. 5149) (the "Murphy Declaration"), Declaration of William L. Transier in Support of Confirmation of Modified Second Amended Joint Chapter 11 Plan of Liquidation of Sears Holdings Corporation and its Affiliated Debtors (ECF No. 5146) (the "Transier Declaration"). 10 The Debtors believe that pursuant to section 2.3(k)(ix) of the Asset Purchase Agreement, Transform is obligated to assume approximately $97 million on account of 503(b)(9) Claims. The $90 million reflected herein ties to the $90 million of estimated 503(b)(9) Claims; to the extent the 503(b)(9) Claims are in excess of $90 million, Transform shall be liable to assume up to $97 million on account of 503(b)(9) Claims pursuant to the Asset Purchase Agreement. Transform disputes that it owes such amounts to the Debtors. VOTER ID: 710449 11111111111111111111111111111111111111111 182353801023955 SRF 36417 prepetition related party transaction claims against ESL Investments, Inc. and its affiliates ("ESL") and other parties, and potential settlements with insurers with respect to claims against the D&O Policy (together the "Litigation Proceeds"), although there can be no assurance of any recovery: • Preference Actions. The Debtors estimate that they will receive at least approximately $100 million in recoveries from Preference Actions out of an excess of $1.345 billion of gross total transfers in the preference window, which is consistent with comparable transactions where the average range of recoveries is from 11.4% if the gross total transfers pursued or, alternatively 23.7% of those transfers, net of subsequent new value. See Griffith Decl., 1164-70. ESL Litigation. The Debtors' Restructuring Subcommittee and the Creditors' Committee both have investigated the prepetition related party transaction claims and concluded that such claims are meritorious. On April 17, 2019 the Restructuring Subcommittee, on behalf of certain of the Debtors, filed an adversary complaint against ESL Investments, Inc., its affiliates, various third parties, and certain of the Debtors' directors and officers (ECF No. 3278) (the "Subcommittee Adversary Complaint"), seeking over $2 billion in damages arising from certain prepetition related party transactions. See Transier Decl., qq 20-27. As of the date hereof, the Court has not heard any arguments or considered any evidence in connection with the Subcommittee Adversary Complaint. Current and prospective defendants dispute the validity of Claims asserted in the Subcommittee Adversary Complaint, and there is no assurance of any recovery. D&O Insurance. The Debtors believe they may be able to receive significant recoveries against available D&O Policies on account of Preserved Causes of Action against the Specified Directors and Officers. The Debtors believe that there is at least approximately $150 million of available directors and officers liability insurance that provides a source of recovery to the Debtor plaintiffs in the Subcommittee Adversary Complaint against parties (in their capacity as directors and/or officers) who are covered by such insurance. Certain defendants (such as ESL, Lampert and the Seritage parties) in the Subcommittee Adversary Complaint may also be liable for sums separate and apart from any available insurance coverage. See Transier Decl., Y 28. Certain insurers have disclaimed coverage under certain of the D&O Policies. There can be no assurance that the Debtors will be able to successfully monetize their Assets in the projected amounts or when such Assets will be monetized. There is a risk that the Net Proceeds of Total Assets, including the Litigation Proceeds, may be significantly less than projected, which, in turn, could cause the amount and timing of Distributions to adversely change substantially. Further, unanticipated events and circumstances may affect the ultimate recoveries. (b) Debtors' Estimate of Outstanding Claims on the Effective Date The Debtors and their advisors have conducted an extensive analysis to estimate the Debtors' outstanding Claims pool and are continuing to review and analyze Claims. The Debtors have filed and intend to continue to file objections to Claims. In the aggregate, the Debtors believe that the sources above will be enough to satisfy the Debtors' estimate of outstanding Claims by the Effective Date: Liquidating Trust funding Remaining estate professional fees 503(b)(9) 0%4ierAdmir Claims SSure�- y> P��oritk�ii3 P%oritdg4-Tax Total Uses Ut N >—L Total Ittentla4ryhortfall (without Litigation Proceeds) rn CD N 6 VOTER ID: 710449 (25.0) $ (25.0) (9.0) (9.0) (90.0) (155.0) (50.0) (50.0) (18.0) (18.0) (15.0) (18.0) (3.0) (3.0) $ (210.0) $ (278.0) $ (36.5) $ (104.5) IIIIIIIIIIIIIIIII IIIIIII IIIIIIIIII III 182353801023955 SRF 36417 But, there can be no assurance that the estimated Allowed amount of Claims will not be significantly more than projected, which, in tum, could cause the total recovery on Administrative Expense Claims to be lower. Some assumptions may not materialize, and unanticipated events and circumstances may affect the ultimate results. Therefore, the actual amount of Allowed Claims may vary from the Debtors' feasibility analysis, and the variation may be material. (C) Distribution Funding Sources The Initial Cash Pool, the Second Distribution, additional pre -Effective Date distributions to Settled Administrative Expense Claims, and post -Effective Date Distributions to Opt -Out Claims, will be funded from the following sources, as follows: u Within three (3) Business Days of entry of the Confirmation Order, an additional (i) $15 million from cash on hand will be placed into the segregated Litigation Funding Account for funding of the litigation associated with the Jointly Asserted Causes of Action (the "Litigation Funding") and (ii) $5 million will be placed into the segregated Cash Reserve Account for post - Confirmation estate costs including, without limitation, additional professional fees of the Debtors' and the Creditors' Committee not included in the Carve -Out Account as of the entry of the Confirmation Order (the "Cash Reserve"). "To the extent there are any amounts remaining for distribution after the Non Opt -out Settled Admin Claims have received the percentage recovery equal to the Initial Recovery, the Opt -In Settled Admin Claims shall share pro rata in such excess with the Non Opt -Out Settled Admin Claims. is The Second Distribution shall not occur until each of the until each of the following conditions is met (i) a total of $25 million has been funded into the Litigation Funding Account in the aggregate, (ii) there has been a funding of $10 million in the aggregate in the Cash Reserve Account and (iii) the Segregated Account has an additional $10 million in cash (together, the "Minimum Conditions"). VOTER ID: 710449 IIIA IIIIIIIIIIII11111111111111 111111 182353801023955 Within three (3) Post -Confirmation Date, Post -Effective Date Business Days of Entry Pre -Effective Date of the Confirmation Order' t Initial Cash Pool ($21 $16 million funded from: $5 million from N/A c million) for the Initial (i) unrestricted cash on Additional Asset Proceeds .o CD n o Distribution to Opt -In hand and (ii) a minimum and/or Litigation7i t M Settled Admin Claims of $3 million from the Proceeds (to occur prior to C -)-G m) r - r only Carve -Out Account the Initial Distribution) =t n �r v m rri Second Distribution to N/A Subject to the Minimum N/A r Non Opt -Out Settled Conditions," from Admin Claims" Additional Asset Proceeds C r and/or Litigation Proceeds Further Distribution(s) N/A Subject to the Second N/A to Settled Admin Claims Distribution, from Additional Asset Proceeds and/or Litigation Proceeds Distributions to N/A N/A From Additional Asset Opt -Out Claims Proceeds and/or Litigation Proceeds u Within three (3) Business Days of entry of the Confirmation Order, an additional (i) $15 million from cash on hand will be placed into the segregated Litigation Funding Account for funding of the litigation associated with the Jointly Asserted Causes of Action (the "Litigation Funding") and (ii) $5 million will be placed into the segregated Cash Reserve Account for post - Confirmation estate costs including, without limitation, additional professional fees of the Debtors' and the Creditors' Committee not included in the Carve -Out Account as of the entry of the Confirmation Order (the "Cash Reserve"). "To the extent there are any amounts remaining for distribution after the Non Opt -out Settled Admin Claims have received the percentage recovery equal to the Initial Recovery, the Opt -In Settled Admin Claims shall share pro rata in such excess with the Non Opt -Out Settled Admin Claims. is The Second Distribution shall not occur until each of the until each of the following conditions is met (i) a total of $25 million has been funded into the Litigation Funding Account in the aggregate, (ii) there has been a funding of $10 million in the aggregate in the Cash Reserve Account and (iii) the Segregated Account has an additional $10 million in cash (together, the "Minimum Conditions"). VOTER ID: 710449 IIIA IIIIIIIIIIII11111111111111 111111 182353801023955 SRF 36417 2. Risk of Non -Occurrence of Effective Date Although the Debtors believe that the Effective Date will occur soon after the Confirmation Date, there can be no assurance as to the timing of the Effective Date. If the conditions precedent to the Effective Date set forth in the Plan have not occurred or have not been waived as set forth in Article X of the Plan or the Debtors are unable to pay their obligations as required under section 1129(a)(9) of the Bankruptcy Code, then the Confirmation Order may be vacated. Any Distributions made on account of Settled Administrative Expense Claims shall not be subject to disgorgement, including without limitation, upon any conversion or dismissal of the Chapter I 1 Cases. 3. Risks Related to the Causes of Action There is no guarantee as to the success of pursuing any Cause of Action. The success of the Debtors and the Creditors' Committee or Liquidating Trust in pursuing any Cause of Action, as well as the expenses incurred in investigating and prosecuting the Causes of Action, may materially affect the recoveries for the holders of Allowed Claims. 4. No Legal or Tax Advice Is Provided by this Disclosure Statement The contents of this notice should not be construed as legal, business, or tax advice. Each holder of a Claim should consult their own legal counsel and accountant as to legal, tax, and other matters concerning their Claim. This notice may not be relied upon for any purpose other than to determine how to elect how to be treated under the Administrative Expense Claims Consent Program. 5. No Admission Made Nothing contained herein or in the Plan shall constitute an admission of, or shall be deemed evidence of, the tax or other legal effects of the Plan or Administrative Expense Claims Consent Program on the Debtors or holders of Claims or Interests. For additional risk factors and considerations, including the position of Transform and/or ESL Parties, please review section VIII.A of the Disclosure Statement. Should you wish to obtain a copy of the Disclosure Statement, Plan, Confirmation Order, the Administrative Expense Claims Consent Program Term Sheet, or any other documents in these Chapter 11 Cases, you should contact the Debtors' Claims and Noticing Agent, Prime Clerk LLC by: (a) visiting the Debtors' restructuring website at: htros://restructuring,primeclerk.com/sears; (b) writing to Sears Admin. Claims Consent Prgm Ballot Processing, c/o Prime Clerk LLC, 850 Third Avenue, Suite 412, Brooklyn, New York 11232; and/or (c) emailing searsinfo(�Drimeclerk.com. You may also obtain copies of any pleadings filed in the Chapter 11 Cases for a fee via PACER at: http://www.vaeb.uscourts.eov. VOTER ID: 710449 111111111111111111111111111111111111111 182353801023955 N Cl) a .r Y 2 4 �i N U F— LL- p U :Rr-- rn O_ 0 N VOTER ID: 710449 111111111111111111111111111111111111111 182353801023955 SRF 36417 EXHIBIT A OPT -IN BALLOT VOTER ID: 710449 111111111111111111111111111111111111111111 182353801023955 na 0 0 n 0 ^-,n D -a -4 C-) < <m '° in > W N 111111111111111111111111111111111111111111 182353801023955 SRF 36417 PLEASE FOLLOW THESE INSTRUCTIONS FOR SUBMITTING YOUR OPT -IN ELECTION. IF YOU ELECT TO OPT -IN TO THE ADMINISTRATIVE EXPENSE CLAIMS CONSENT PROGRAM, PLEASE COMPLETE, SIGN, DATE, AND TRANSMIT THIS OPT -IN BALLOT SO THAT IT IS ACTUALLYRECEIVED BY THE CLAIMS AND NOTICING AGENT ON OR BEFORE NOVEMBER 18, 2019, AT 4:00 P.M. (PREVAILING EASTERN TIME) YOU MAY RETURN YOUR OPT -IN BALLOT IN THE PRE -ADDRESSED, PRE -PAID RETURN ENVELOPE PROVIDED OR VIA FIRST CLASS MAIL, HAND DELIVERY, OR OVERNIGHT COURIER, TO: SEARS ADMIN. CLAIMS CONSENT PRGM BALLOT PROCESSING C/O PRIME CLERK LLC 850 THIRD AVENUE, SUITE 412 BROOKLYN, NEW YORK 11232 To Submit Your Opt -In Ballot Via E -$allot To submit your Opt -In via E -Ballot, visit https://restructuring.primeclerk.conVsears. Click on the "Submit E -Ballot" section of the website and follow the instructions to submit your Opt -In Ballot. IMPORTANT NOTE: You will need the following information to retrieve and submit yourelectronic Opt - In Ballot: Unique E -Ballot ID#:182353801023955 E -Ballot is the sole manner in which Opt -In will be accepted via electronic or online transmission. Opt -In Ballots submitted by facsimile, email or other means of electronic transmission will not be valid. Any Opt -In submitted through E -Ballot with the Holder's electronic signature will be deemed to be immediately legally valid and effective. Please complete and submit an electronic Opt -In Ballot for each E -Ballot ID# you receive, as applicable. Holders who cast an Opt -In using E -Ballot should NOT also submit a Paper Copy. To Submit Your Opt -In Ballot Via Paper Copy To submit your Opt -In via Paper Opt -In Ballot, complete items 1, 2, and 3 below and submit your Paper Opt -In Ballot in the pre -addressed, pre -paid return envelope provided or by first-class mail, hand delivery, or overnight courier to: Sears Admin. Claims Consent Prgm Ballot Processing c/o Prime Clerk LLC 850 Third Avenue, Suite 412 Brooklyn, New York 11232 Item 1. Amount of Administrative Expense Claim(s). Cl) The undermine gcby certifies that as of the date of completion of this Opt -In Ballot, the undersigned asserts it the I[plderSt�Administrative Expense Claim(s) in the following aggregate amount:' LLj CL. �_tY _jv N ,—C3 gg �� d.A,... lc—:3) 5 il: C) 0 N ' This amount should represent the amount of your previously -asserted Administrative Expense Claim(s). If the Debtors do not have a specific Administrative Expense Claim amount on file for you, the box in Item 1 of this Opt -In Ballot will he blank. For reference purposes, you should insert the relevant amount of your alleged Administrative Expense Claim; however, for the avoidance of doubt, this Opt -In Ballot is not to be used to assert your Administrative Expense Claim(s). For more information about asserting an Administrative Expense Claim(s), visit the Debtors' case VOTER ID: 710449 IIIIIIIIIIIIIIIII IIIIIII IIIIIIIIIII III 182353801023955 SRF 36417 Item 2. Administrative Expense Claims Consent Program Election. You may elect to opt -in to the Administrative Expense Claims Consent Program by checking the box below and returning this Opt -In Ballot to the Claims and Noticing Agent on or before the Opt-In/Opt-Out Deadline pursuant to the instructions set forth herein. If you return this Opt -In Ballot but do not check the box below or do not return this Opt -In Ballot, you will not be entitled to the Initial Distribution. If you submit multiple Opt -In Ballots, your last timely received Opt -In Ballot shall control. Election to withhold consent is at youroption. ❑ THE HOLDER OF THE ADMINISTRATIVE EXPENSE CLAIM(S) SET FORTH IN ITEM 1 ELECTS TO OPT -IN TO THE ADMINISTRATIVE EXPENSE CLAIMS CONSENT PROGRAM. Item 3. Acknowledgments. By signing this Opt -In Ballot, the undersigned Holder of an Administrative Expense Claim(s) identified in Item I above certifies that (i) it is the Holder of the Administrative Expense Claim(s) identified in Item I above or (ii) it has full power and authority to act on behalf of the Holder of the Administrative Expense C1aim(s) identified in Item 1 above. CITY OF IOWA CITY Name Social Security or Federal Tax I.D. No. (optional) If you elect to opt4n to the Administrative Expense Claims Consent Program, please return vour Opt -In Ballot promptly. If you have any questions regarding this Opt -In Ballot or the procedures for opting out, please contact the Debtors' Claims and Noticing Agent, by: (a) visiting the Debtors' restructuring website at: httgs://restructuring,primeclerk.com/sears; (b) writing to Sears Admin. Claims Consent Prgm Ballot Processing, c/o Prime Clerk LLC, 850 Third Avenue, Suite 412, Brooklyn, New York 11232; and/or (c) emailing searsinfona primeclerk.com. If the Claims and Noticing Agent does not actually receive the Opt -In Form on or before November 18, 2019, at 4:00 p.m., prevailing Eastern Time indicating your intent to opt -in to the Administrative Expense Claims Consent Program (and if the Opt-In/Opt-Out Deadline is not extended), your opt -in election will not beeffective. website: https://restructuring.primecierk.com/sears. The Debtors reserve the right to dispute and validate the amount of your asserted Administrative Expense Claim(s). VOTER ID: 710449 IIIIIIIIIIIIIIIIIIIIII'I IIIIIIIIIIII 182353801023955 N Q Signature ® 3 =� 2 UJ � JCL_ If by Authorized Agent, Name and Title U N Name of Institution p U� o, O Street Address 0 N City, State, Zip Code Telephone Number Email Address Date Completed If you elect to opt4n to the Administrative Expense Claims Consent Program, please return vour Opt -In Ballot promptly. If you have any questions regarding this Opt -In Ballot or the procedures for opting out, please contact the Debtors' Claims and Noticing Agent, by: (a) visiting the Debtors' restructuring website at: httgs://restructuring,primeclerk.com/sears; (b) writing to Sears Admin. Claims Consent Prgm Ballot Processing, c/o Prime Clerk LLC, 850 Third Avenue, Suite 412, Brooklyn, New York 11232; and/or (c) emailing searsinfona primeclerk.com. If the Claims and Noticing Agent does not actually receive the Opt -In Form on or before November 18, 2019, at 4:00 p.m., prevailing Eastern Time indicating your intent to opt -in to the Administrative Expense Claims Consent Program (and if the Opt-In/Opt-Out Deadline is not extended), your opt -in election will not beeffective. website: https://restructuring.primecierk.com/sears. The Debtors reserve the right to dispute and validate the amount of your asserted Administrative Expense Claim(s). VOTER ID: 710449 IIIIIIIIIIIIIIIIIIIIII'I IIIIIIIIIIII 182353801023955 SRF 36417 IIIIIIIIIIIII II IIIIIII I I I I III VOTER ID: 710449 I IIIIIII N O O ::F-2 �O n 3> C-) ,<r m ES N IIIIIIIIIIIII II IIIIIII I I I I III VOTER ID: 710449 I IIIIIII SRF 36417 EXHIBIT B 101 eiilla =1717L�511 VOTER ID: 710449 1111111111111111111111111111111111111111 182353801023955 N O L �CD jf D _ -i _ C-) G N F 1 -1 C) m s D � N 1111111111111111111111111111111111111111 182353801023955 SRF 36417 PLEASE FOLLOW THESE INSTRUCTIONS FOR SUBMITTING YOUR OPT -OUT ELECTION. IF YOU ELECT TO OPT -OUT OF THE ADMINISTRATIVE EXPENSE CLAIMS CONSENT PROGRAM, PLEASE COMPLETE, SIGN, DATE, AND TRANSMIT THIS OPT -OUT BALLOT SO THAT IT IS ACTUALLYRECE/VED BY THE CLAIMS AND NOTICING AGENT ON OR BEFORE NOVEMBER 18. 2019, AT 4:00 P.M. (PREVAILING EASTERN TIME) IF YOU WOULD LIKE TO RECEIVE THE BENEFITS OF THE ADMINISTRATIVE EXPENSE CLAIMS CONSENT PROGRAM AND DO NOT WISH TO OPT -OUT OF THE ADMINISTRATIVE EXPENSE CLAIMS CONSENT PROGRAM, YOU DO NOT NEED TO TAKE ANY FURTHER ACTION AT THIS TIME. YOU MAY RETURN YOUR OPT -OUT BALLOT IN THE PRE -ADDRESSED, PRE PAID RETURN ENVELOPE PROVIDED OR VIA FIRST CLASS MAIL, HAND DELIVERY, OR OVERNIGHT COURIER, TO: SEARS ADMIN. CLAIMS CONSENT PRGM BALLOT PROCESSING C/O PRIME CLERK LLC 850 THIRD AVENUE, SUITE 412 BROOKLYN, NEW YORK 11232 To Submit Your Opt -Out Ballot Via E -Ballot To submit your Opt -Out via E -Ballot, visit https://restructuring r)rimeelerk coin/sears. Click on the "Submit E -Ballot" section of the website and follow the instructions to submit your Opt -Out Ballot. IMPORTANT NOTE: You will need the following information to retrieve and submit yourelectronic Opt - Out Ballot: Unique E -Ballot ID#: 182353801023955 E -Ballot is the sole manner in which Opt -Out will be accepted via electronic or online transmission. Opt - Out Ballots submitted by facsimile, email or other means of electronic transmission will not be valid. Any Opt -Out submitted through E -Ballot with the Holder's electronic signature will be deemed to be immediately legally valid and effective. Please complete and submit an electronic Opt -Out Ballot for each E -Ballot ID# you receive, as applicable. Holders who cast an Opt -Out using E -Ballot should NOT also submit a Paper Copy. To Submit Your Opt -Out Ballot Via Paper Copy To submit your Opt -Out via Paper Opt -Out Ballot, complete items I, 2, and 3 below and submit your Paper Opt -Out Ballot in the pre -addressed, pre -paid return envelope provided or by first-class mail, hand delivery, or overnight courier to: Sears Admin. Claims Consent Prgm Ballot Processing c/o Prime Clerk LLC 850 Third Avenue, Suite 412 Brooklyn, New York 11232 N Cr) Q r2 _ =o W a- _U J J��1__ H LL p r- Q U'S m O 0 N VOTER ID: 710449 I II'IIIIIIIIIIIIIIIIIII VIII IIIIII 182353801023955 SRF 36417 Item 1. Amount of Administrative Expense Claim(s). The undersigned hereby certifies that as of the date of completion of this Opt -Out Ballot, the undersigned asserts it was the Holder of an Administrative Expense Claims) in the following aggregate amount:' Item 2. Administrative Expense Claims Consent Program Election. You may elect to opt -out of the Administrative Expense Claims Consent Program by checking the box below and returning this Opt -Out Ballot to the Claims and Noticing Agent on or before the Opt-In/Opt-Out Deadline pursuant to the instructions set forth herein. If you return this Opt -Out Ballot but do not check the box below or do not return this Opt -Out Ballot, you will be bound by the Administrative Expense Claims Consent Program. If you submit multiple Opt -Out Ballots, your last timely received Opt -Out Ballot shall control. Election to withhold consent is at youroption. ❑ THE HOLDER OF THE ADMINISTRATIVE EXPENSE CLAIM(S) SET FORTH IN ITEM I ELECTS TO OPT -OUT OF THE ADMINISTRATIVE EXPENSE CLAIMS CONSENT PROGRAM. Item 3. Acknowledgments. By signing this Opt -Out Ballot, the undersigned Holder of an Administrative Expense Claim(s) identified in Item I above certifies that (i) it is the Holder of the Administrative Expense Claim(s) identified in Item I above or (ii) it has full power and authority to act on behalf of the Holder of the Administrative Expense Claim(s) identified in Item I above. CITY OF IOWA CITY Name Social Security or Federal Tax I.D. No. (optional) ' This amount should represent the amount of your previously -asserted Administrative Expense Claim(s). If the Debtors do not have a specific Administrative Expense Claim amount on file for you, the box in Item 1 of this Opt -Out Ballot will be blank. For reference purposes, you should insert the relevant amount of your alleged Administrative Expense Claim; however, for the avoidance of doubt, this Opt -Out Ballot is not to be used to assert your Administrative Expense Claim(s). For more information about asserting an Administrative Expense Claim(s), visit the Debtors' case website: https://restructuring.primecierk.com/sears. The Debtors reserve the right to dispute and validate the amount of your asserted Administrative Expense Claim(s). VOTER ID: 710449 IIIIIIIIIIIIII'II IIIIIII VIIIIIIII III 182353801023955 N Signature t7 <1 ® Y_ O If by Authorized Agent, Name and Title W Cj_ til a -� J i - U �— Name of Institution �r N >_ t t�—< Street Address ....Y.-. p U =- rn Q o N City, State, Zip Code Telephone Number Email Address Date Completed ' This amount should represent the amount of your previously -asserted Administrative Expense Claim(s). If the Debtors do not have a specific Administrative Expense Claim amount on file for you, the box in Item 1 of this Opt -Out Ballot will be blank. For reference purposes, you should insert the relevant amount of your alleged Administrative Expense Claim; however, for the avoidance of doubt, this Opt -Out Ballot is not to be used to assert your Administrative Expense Claim(s). For more information about asserting an Administrative Expense Claim(s), visit the Debtors' case website: https://restructuring.primecierk.com/sears. The Debtors reserve the right to dispute and validate the amount of your asserted Administrative Expense Claim(s). VOTER ID: 710449 IIIIIIIIIIIIII'II IIIIIII VIIIIIIII III 182353801023955 SRF 36417 Ballot Promptly. If you have any questions regarding this Opt -Out Ballot or the procedures for opting out, please contact the Debtors' Claims and Noticing Agent, by: (a) visiting the Debtors' restructuring website at: httus://restructurinc.Primeclerk.com/sears; (b) writing to Sears Admin. Claims Consent Prgm Ballot Processing, c/o Prime Clerk LLC, 850 Third Avenue, Suite 412, Brooklyn, New York 11232; and/or (c) emailing searsinfo(a.Primeclerk.com. If the Claims and Noticing Agent does not actually receive the Opt -Out Ballot on or before November 18, 2019, at 4:00 p.m., prevailing Eastern Time indicating your intent to opt -out of the Administrative Expense Claims Consent Program (and if the Opt-ln/Opt-Out Deadline is not extended), your opt -out election will not beeffective. V161IrOAIMUD! M, N Cl) Q =O LU -J>: UH N }U H �-Q O Uy rn O 4 IIIIIIIIIIIIIIIII IIIIIII II'llll'll III 182353801023955 SRF 36417 VOTER ID: 710449 111111111111111111111111111111111111111 182353801023955 N O_ V" <m -° A W N 111111111111111111111111111111111111111 182353801023955 SRF 36417 Sears Holdings Corporation 2175 SRF 36417 MMLID 4782301 PackID 7-10449 CITY OF IOWA CITY 410 E WASHINGTON ST CITY CLERK'S OFFICE Iowa City IA 52240 VOTER ID: 710449 111111111111111111111111111111111111111111111111 182353801023955 N O_ ♦.O � s 0 � w N 111111111111111111111111111111111111111111111111 182353801023955 END OF CASE FILE HSPS Legal Services Job: 160 Southgate Ave Ste A Recipient: Iowa City, IA 52240 Phone 3193542010 Server: Client Petosa Law LLP 3766561(100472-2) Due: 09/23/2019 Citv of Iowa CIN. Iowa Nathan Marks Fee: Case EQCV081198 I Plaintiff Midfirst Bank Court JOHNSON COUNTY DISTRICT COURT Defendant Dava Laniece Bryan fka Dava L. Wajda; Joshua J. Wajda aka Joshua Wajda; Spouse of Dava Laniece Bryan fka Dava L. Wajda, if any; et al Documents Original Notice; Foreclosure Petition; Exhibit(s) ktstructions SERVE TO THE CITY CLERK ONLY. BE SURE TO GET THE FULL NAME OF THE CITY CLERK. Address 410 E Washington St, Iowa City, IA 52240 Date & Time: City of Iowa City, Iowa of Service / Recipient Age: Ethnicity: Gender: Weight Height Hair: Eyes: Relationship: I hereby cknowledge recei of above listed Do ents_ N O_ ::in � r r- �m = m o� N Q 'Fl ►� CooK� D C Cc : CA (1-1w ei4w) o CA (6vC61mt) E -FILED 2019 SEP 12 4:59 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY MIDFIRST BANK, EQUITY NO. PLAINTIFF ORIGINAL NOTICE VS. DAVA LANIECE BRYAN FKA DAVA L. WAJDA, JOSHUA J. WAJDA AKA JOSHUA WAJDA, SPOUSE OF DAVA LANIECE BRYAN FKA DAVA L. WAJDA, IF ANY, CITY OF IOWA CITY, IOWA, DISCOVER BANK, UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT, D BARCLAYS BANK DELAWARE, C-)-< STATE OF IOWA AND PARTIES - n IN POSSESSION, o� DEFENDANTS y TO THE ABOVE NAMED DEFENDANTS: 100472-2 N 0 FTI a �; C F- -o M s iQ V cn 0 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 Plaintiffs attorney's phone number is 515-222-9400, with a facsimile transmission number of 515-222-9121. You must serve a motion or answer, within 20 days after service of this original notice upon you and within a reasonable time thereafter file a motion or answer, in the Iowa District Court of Johnson County, at the county courthouse in Iowa City, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the petition. This case has been filed in a county that utilizes electronic filing. You should refer to (i) Iowa Court Rules Chapter 16 for general rules and information on electronic filing; and (ii) Iowa Court Rules Chapter 16, division VI regarding 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. E -FILED 2019 SEP 13 8:57 AM JOHNSON - CLERK OF DISTRICT COURT STATE OF IOWA JUDICIARY CaseN EQCV081188 County Johnson Case Title MIDFIRST BANK V. JOSHUA WAJDA, DAVA BRYAN, 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:/Av .iowacourts.state.ia.us/Efle and obtain a log in and password for the purposes of filing and viewing documents on your case and of receiving service and notices from the court. FOR GENERAL RULES AND INFORMATION ON ELECTRONIC FILING, REFER TO THE IOWA COURT RULES CHAPTER 16 PERTAINING TO THE USE OF THE ELECTRONIC DOCUMENT MANAGEMENT SYSTEM: httD./t i.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://www.iowamurts.state.ia.us/Efile Scheduled Hearing: CD In a Yo C J>: OD U t- - � N ~Q v3 a, o 0 N 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 09/13/2019 08:57:29 AM District Clark o/ Johnson /s/ Wendy Lonngren County E -FILED 2019 SEP 12 4:59 PM JOHNSON - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY MIDFIRST BANK, PLAINTIFF EQUITY NO. vs. DAVA LANIECE BRYAN FKA PETITION DAVA L. WAJDA, JOSHUA J. WAJDAAKA JOSHUA WAJDA, SPOUSE OF DAVA LANIECE BRYAN FKA DAVA L. WAJDA, IF ANY, CITY OF IOWA CITY, IOWA, DISCOVER BANK, UNITED o STATES OF AMERICA, c-' r' SECRETARY OF HOUSING AND n -C URBAN DEVELOPMENT, BARCLAYS BANK DELAWARE, :{m STATE OF IOWA AND PARTIES IN POSSESSION, y DEFENDANTS NOTICE 100472-2 cn 0 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 THREE MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE -FAMILY OR TWO- FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS RESIDENCE BUT NOT A ONE -FAMILY OR TWO-FAMILY DWELLING YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. E -FILED 2019 SEP 12 4:59 PM JOHNSON - CLERK OF DISTRICT COURT 100472-2 Plaintiff, MidFirst Bank, for its cause of action states: 1. That the Plaintiff is a Federally Chartered Savings Association. 2. That on or about October 23, 2009, Joshua J. Wajda and Dava L. Wajda, husband and wife, made, executed and delivered a promissory note in writing for the sum of $131,391.00 payable in installments, with interest at 5.000% 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 October 23, 2009 in order to secure the payment of the Note, Joshua J. Wajda and Dava L. Wajda, husband and wife, ("Mortgagor(s)") made, executed and delivered to Mortgage Electronic Registration Systems, Inc., as nominee for Residential Mortgage Network, Inc., its successors and assigns, a real estate mortgage (the "Mortgage") describing the followinueal estate: Un Q Q L6652age Green South, Part 4B, Iowa City, Iowa, according to the plat thereof W reLord�IIlBook 34, Page 42, Plat Records of Johnson County, Iowa J>- theSortgcae ryalUled for record October 29, 2009, in Book 4521 Page 305 in the Recorder's — a �-- Q OlAw of %hn ounty, Iowa. A copy of the Mortgage is attached hereto and made a part 0 hereof as 9xhibit "B". That Mortgagor(s) executed a loan modification agreement wherein they agreed the unpaid principal balance on said mortgage was $120,043.46 with interest at 3.750% per annum from March 1, 2016. Copies of the said agreement(s) (the "Modification Agreement(s)") are attached hereto and made a part hereof as Exhibit `B 1." estate: 4. That in fact, money was loaned on the security of a mortgage on the following real Lot 52, Village Green South, Part 4B, Iowa City, Iowa, according to the plat thereof recorded in Book 34, Page 41, Plat Records of Johnson County, Iowa E -FILED 2019 SEP 12 4:59 PM JOHNSON - CLERK OF DISTRICT COURT 100472-2 5. That Mortgage Electronic Registration Systems, Inc., as nominee for Residential Mortgage Network, Inc., its successors and assigns and the Mortgagor(s) agreed and intended that the Mortgage should convey the real estate legally described in Paragraph 4 above (the "Mortgaged Property"). 6. That the legal description as typed in said Mortgage was a mistake of the scrivener who prepared the Mortgage which neither Mortgage Electronic Registration Systems, Inc., as nominee for Residential Mortgage Network, Inc., its successors and assigns nor the Mortgagor(s) noticed at the time of execution and delivery of the Mortgage. 7. That the Mortgage was delivered with its erroneous legal description because of a mutual mistake of the parties thereto and that the Mortgage should be reformed to cover the Mortgaged Property N O_ 8. That Plaintiff has the right to foreclose because it is the owner and/oraolder ,the - -; ro Note or is otherwise authorized by the owner of the loan, pursuant to state law, tccfp eclog. Thp— r-- -v l the Mortgaged Property is and at all times relevant hereto was the homestead of thCDCD r Mortgagor(s). v CA 9. That the Note and Mortgage provide that if default be made at any time in payment of any installment of principal or interest, at the election of Plaintiff, all indebtedness, without notice of such election, shall become immediately due and payable; that Plaintiff by reason of the failure of Mortgagor(s) to pay said installments, declares the Note in default, that there is now due and owing Plaintiff the sum of $113,308.71 with interest at 3.750% per annum from and including February 1, 2019 plus late fees, attorney fees, abstract expense, protective advances and costs. E -FILED 2019 SEP 12 4:59 PM JOHNSON - CLERK OF DISTRICT COURT 100472-2 10. That Plaintiff has given Mortgagor(s) all required notices, including notice of right to cure said default and notice of acceleration required pursuant to Iowa Code Section 654.4B(1). 11. That the time to cure the default under Iowa law has now expired. 12. That said Note and Mortgage provide that if suit be commenced thereon, Mortgagor(s) will pay reasonable attorneys fees. An attorney fee affidavit is attached hereto and made a part hereof as Exhibit "C". 13. That Plaintiff now hereby in writing waives any right or claim to a deficiency judgment against the Mortgagor(s). That the Mortgaged Property is the residence of the Mortgagor(s) and is a one -family or two-family dwelling. Plaintiff hereby elects to foreclose without redemption and the sale of the Mortgaged Property shall occur promptly after entry of judgment, unless Mortgagor(s), pursuant to the Notice set forth above, files a written demand to delay the sale, in which event the sale shall be delayed until three months after entry of judgment. 14—. That the following parties are named as Defendant(s) because they may claim some a Qht, fig o4grest in the Mortgaged Property, including, without limitation a right, title or Li.l J� in rests ddri)thbed below but any such right, title or interest is junior and inferior to the interest � ~Q 4� PlainW.. E5 3 o, o_ Nscover Bank, LACV077003, dated 04/20/2015, filed 04/20/2015, $9,774.70 Barclays Bank Delaware, SCSC089894, dated 12/28/2016, filed 12/28/2016, $4,757.80 State of Iowa, FECR119524, dated 11/21/2018, filed 11/21/2018, $60.00 Spouse of Dava Laniece Bryan fka Dava L. Wajda, if any for any interest in the subject property Parties in Possession for any interest in the subject property City of Iowa City, Iowa, Mortgage, dated 07/15/2008, recorded 07/16/2008 in Book 4325 Page 699, $10,000.00, Subordination Agreement filed 10/29/2009 Book 4521 page 310 E -FILED 2019 SEP 12 4:59 PM JOHNSON - CLERK OF DISTRICT COURT 100472-2 United States of America, Secretary of Housing and Urban Development, Mortgage dated 03/04/2016, recorded 04/05/2016 in Book 5489 Page 280, $11,179.98 15. 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 N the net profits after application of rents, issues and profits upon the cost of the ex�ense m n receivership and foreclosure and the indebtedness, charges and expenses hereby Mi�ed`"Rnd herein mentioned. =Crn -o m WHEREFORE PLAINTIFF PRAYS THE COURT: vLn� 1. That the Mortgage be reformed by correcting the legal description therein to read as follows: Lot 52, Village Green South, Part 4B, Iowa City, Iowa, according to the plat thereof recorded in Book 34, Page 41, Plat Records of Johnson County, Iowa and that the record thereof be corrected accordingly. 2. That Plaintiff have judgment in rem against the Mortgaged Property for the amount of unpaid principal and interest on the Note, as provided in the Note and Mortgage and for late fees, attomey fees, abstract expense, protective advances and costs. 3. That a receiver be appointed immediately to take care of, manage, lease and collect the rents from the Mortgaged Property, and to apply the same in payment of costs and expenses of said receivership, repairs and expenses of said real estate, accrued and accruing taxes and E -FILED 2019 SEP 12 4:59 PM JOHNSON - CLERK OF DISTRICT COURT 100472-2 special assessments, insurance premiums, and in partial payment of the judgment to be entered herein. 4. 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. 5. 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. 6. That the Mortgage be foreclosed and the Defendant(s)' equity of redemption be barred and foreilbsed sAve as guaranteed by law. That special execution issue for the sale the N Y Ertga& PO ty to satisfy said judgment, interest, late fees, attorney fees, abstract expense, m C.)) - Zr ectiveadvanoes and costs. LL w `= a �' That2q)ecial execution issue to satisfy said judgment, interest and attorneys' fees, and 0 N accruing costs herein, and the Mortgaged Property be sold according to law to satisfy the amount due under the Decree issued by this Court and the Defendants herein or anyone claiming by, through or under them, be forever barred and foreclosed of any interest in the Mortgaged Property, except such rights of redemption as provided by law. 8. That if the Mortgaged Property is sold and not redeemed, the Clerk of this Court shall issue to the Sheriff of said County, a writ of removal and possession, commanding him to put the grantee named in the Sheriffs deed for said premises sold, or his grantee, in possession thereof, E -FILED 2019 SEP 12 4:59 PM JOHNSON - CLERK OF DISTRICT COURT 100472-2 and to remove any Defendants, or persons claiming by, through or under any of them, or any person in possession thereof out of such possession. 9. That Plaintiff has elected foreclosure without redemption and the sale of the Mortgaged Property shall occur promptly after entry of judgment or in the alternative, if a written demand for delay is filed, the sale shall occur three months after entry of judgment. 10. That Plaintiff be granted such further relief as maybe just and equitable. LLP In rele C. FloltgWes L/AT00B NW 138th Street, Suite 100 , Iowa 50325-8308 phone:(515) 222-9400 Facsimile:(515) 222-9121 Email: electronic@petosalaw.com ATTORNEYS FOR PLAINTIFF N Q O N , i co r m -v M � � Q D cn 0 W E -FILED 2019 SEP 12 4:59 PM JOHNSON - CLERK OF DISTRICT 'j Y (r'7 N W d W N o� 0 October 23, 2009 NOTE MIN IDaml 1 PARTIES "Borrower" means each person signing at the end of this Nor, and the person's successors and assigns 'Lcndu' means Residential Monflaze Network, lac Its successors "a assigns 2 BORROWER'S PROMISE TO PAY, INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sten of One Hundred Thirty One Thousand Three Hundred Ninety One and 001100 Dollars (U S f 1.11.791 00 ), plus Interest, to the order of lender Interest will be charged on unpaid principal, from the dale of clubursemenl of the loan proceeds by Lender, at the rate of Five and 000/1000 _ _ _ -percent ( 5 000 %) per year until the full amount of principal has born paid 3 PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mongli deed of trust or similar security Instrument that Is dated that same date as this Nae and called the "Security Instrument "Thal Security Instrument protects the Lender from losses which might result rBorrower defaults under this Note 4 MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and Interest to Lender on the Ist day of nth month beginning on December 1st 2609 Any principal and Interest remaining an the Isl day of November 2039 _, will be due an that date, which is called the "Maturity Daly (B) Place Payment shall be made at 2461 IOIh Street Suite 308 Cordwlle, IA 52241 or at such other place as Leader may designsie in writing by notim to Borrower (C) Amount Each monthly payment of principal and miens will be In the amount of U S $ 705 34 This amount will be pan of a larger monthly payment required by the Security Instrument, that shall be applied to principal, mlernt and Other Items In the order described in the Security Instrument (D) Allonge to that Note for payment adjustments [fan allongc providing fo payment adjustments Is "clewed by Borrower together with this Note, the covenants orthe ailonge shall be incorporated Into and shall amend and supplement the covenants of this Nate u If the allonge were a pan of this Note Klima opphmNc arra I ❑ Graduated Payment Allonge ❑ Growing Equity Allonge ❑ Other [specify) 5 BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Nae, in whole or In pan, without charge or penalty, on the first day army month Lender shall accept prepayment on Other days provided that burrower pays Interest an the amount prepaid for the remainder of the month to the estem required by Lender and permitted by regulations of the Secretary If Borrower makes a partial prepayment, there will be no changes In the due dam or In the amount ofthe monthly payment unless lender agrees In writing to those changes 6 BORROWER'S FAILURE TO PAY (A) Left Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as dumbed in Paragraph 4(C) or this Nae, by the end of fi0cen calendar days after the payment is due, Lender may collet a late charge in the amount of Four and 000/1000 percent Of the overdue amount of each payment Q Y� LU U h— f— Q U?i CD e IDl9� Py,loft .E-FILED72019 SEP 12 4:59 PM JOHNSON -CLERK OF DISTRICT COURT (B) Default If Borrower defaults by fading to pay in full any monthly payment, then tersder may, except as limited by regulations of the Secretary in the use of payment defaults, require Immediate payment in full of the principal balance remaining due and all accrued interest Londa may choose not to exercise this option without waiving its rights in theevent of any subsequent default In many circumstances regulations Issued by the Secretary will limit lender's rights to of Immediale payment In full in the use of payment defaults This Note docs not authorize acceleration when m not,permed by HUD regulations As used m this Note, "Secretary' means the Secretary or Housing and Urban Development or his or her designee (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrows to pay costs and expenses Including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal ofthis Note 7 WAIVERS BOmawa and any other person who has obligations under this Note wave the rights of presentment mid notice of dishonor "Presentment" mans the right to require lender to demand payment or amounts due "Notice of dishonor" means the right to require Lender to give nota to other pssuns that amounts due have nor been paid 9 GIVING OF NOTICES Unless applicable law requires a dirlercm method, any notice that must be given to Borrower under this Note will be given by delivering It car by malting it by first class mail to Borrower at the properly address above or at a different address if Borrower has given Lender a notice or Borrower's different address Any notice that must be gry m to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address rBorroi is given a notice of that different address 9 OBLIGATIONS OF PERSONS UNDERTHIS NOTE If mare than one person signs this Note, each person is Polly and personally obligated to keep all of the promises made in this Nmc, Including the promise to pay the full amount owed Any person who is a guarantor, surety or endorser of this Note Is also obligated to do these things Any person whotakes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, Is also obligated to keep all of the promises made in this Note Lender may enforce its rights under this Note against each person individually or against all signatona together Anyone person signing this Note maybe required to pay all of the amounts owed under this Note BY SIGNING BELOW, Borrower accepts and agrees io the %arms and covenants contained In this Nae The undersigned borrower(s) receipt of a al Pay to the Order Of 7P MORGAN CHASE BANK, N.A. Without Recourse Residential Mortgage Network, Inc 4 ¢k L Nouse, President 9arwu (SEAL) 6arraau Pone 2 of ] MTDFTRST BANK Pa toma(hoerol R arse I P a d. Ci > n� M m EX D E -FILED 2019 SEP 12 4:59 PM JOHNSON - CLERK OF DISTRICT COURT ADDENDUM TO NOTE: NOTICE ORAL OR IMPLIED CHANGES TO THE ACCOMPANYING CREDIT AGREEMENT OR ANY OTHER CREDIT AGREEMENT(S) (EXCEPT CONSUMER LOANS OR OTHER EXEMPT TRANSACTIONS) WITH THIS LENDER ARE NOT ENFORCEABLE AND SHOULD NOT BE RELIED UPON IMPORTANT: READ BEFORE SIGNING THE AGREEMENT(S) ACCOMPANYING THIS 40TICE THE TERMS OF THE AGREEMENT(S) SHOULD BE READ CAREFULLY BECAUSE ONLY:THOSE TERMS IN WRITING ARE ENFORCEABLE NO OTHER TERMS NOT CONTAINED IN THE WRITTEN CONTRACT MAY BE LEGALLY ENFORCED YOU MAY CHANCE THE TERMS OF THE AGREEMENT(S) ONLY BY ANOTHER WRITTEN AGREEMENT THIS NOTICE ALSO APPLIES TO ANY OTHER CREDIT AGREEMENTS (EXCEPT CONSUMER LOANS OR OTHER EXEMPT TRANSACTIONS) NOW IN EFFECT BETWEEN YOU AND THIS LENDER sWhr Deva ,Waldo T Bonnie, Ba , b . October 23, 2009 Doe Q � N Q cr W Z a" J%' � UH 1-U LL 0- y Ft- Q U C3 a C3 co N 01ADDrNNOT LET E -FILED 2019 SEP 12 4:59 PM JOHNSON - CLERK OF DISTRICT COURT I ui`na "rtonriw - - " It ..Mtd t2B 29 P� I ora651 30 PM Johnean GGaneV iov KIM Palnbt oounsv nacord•r aK4521 PB305-309 0 ISpace above reserved for Recorder of Deeds cer dicsI on) Prepared By Michelle A Kau Residential Mortgage Network Inc 2461 101h Street Suite 308 Corah•dlc, IA 52141 (319)354-7501 When Recorded Return To Residential Mortgage Network, Inc 2461 10tb Street Suite 308 Coralvdle, IA 52241 i I Tuleof Document MORTGAGE 2 Grantor(s) Joshua J Wgda and Dava L Welds, as husband and wife 3 Grantee(s) Residential Mortgage Network Inc , 4 Statutory Mailing Address(s) 2461 10th Street Suite 309 Corah elle, IA 52241 S Legal Desripuon Page 2 6 Parcel IdenttOcation Number 1024110002 7 Document or Instrument 0 low C1'• cc asa v l�� Imt,als __ G E -FILED 2019 SEP 12 4:59 PM JOHNSON - CLERK OF DISTRICT COURT Case No Stale of Iowa MORTGAGE MIN THIS MORTGAGE("Security Irisiroment")is given an octoher23rd _ , 2009 The mortgagor is Joshua J Waldo and Davit L Wnda u husband and wife __ _ __-- ("Borrower) Thus Seventy Instrument is given to Mortgage Electronic Registration Systems, Inc ("MERS") (solely as nominee for Uric er, as he rerna0er defined, and tender's successors and assigns), as be ermiary MFRS is organized and exvsnngunder the laws ofDelawarc, and has an address and telephone numberolT O Bos 2026, F1no. M143501-2026,11 (888) 679-MERS_ ("India.) Residential Mo le ¢ Network, Inc -- - ti marooned and exrsuna under the laws of Iheslaleoflowa , and has an address of Borrower owes Lender the principal sum Of sr nun. tcu 1 mry 11w"�^" • ^--_ .. _.._-__ . --__-. -_ --._ OD/100 Do0ars (U S S 131,391 00 1'this debt u evidenced by Borrower's note dared the same date as this Security Instrument ("Note"), which provides for monthly payments, wtNthe full debt, ifnet pardeerl,er, due and payable on November 1, 2039 This Sccurtylnstrumem secures to lender (a) the repayment of the debt evidenced by the Nae, with ,nares(, and all renew4ls, estehsons grid moddeanons ofthe Nae, (b) the payment ofall other sums, with interest, advanced under paragmph 7 to protect the security ofNrs Security instrument, end(c)the performance afBorrowefs covenants and agreements under this Saeuraytrutrum"I and the Note For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee fa Lender and Lender's successors and ass gre) and to the successors and assigns of ERS the following described property located in Johnson County, Iowa Lot 52, Village Green South, Part 48, Iowa City, Iowa, according to the plat thereof recorded in gook 34, Page 42, Plat Records of Johnson County, Iowa Q Y3 �O LJ U f— )- U C_33 0 which has the address of3417 South Jamie Lane Iowa City Isi.11 Icily) Iowa 52240 ('Property Address"), IZ,p Codcl TOGETHER WITH all the improvements now or hereafter erected on the property, and all ensements, appurtenances, and fixtures now or hereafter a part ofthe property All replacements and additions shell also be covered by this Security Instrument All of the foragori us referred o ,n this Security Instrument as the "Property" Borrower understands and agrees Ilia MERS holds only legal title to the mreresm granted by Borrower ,n this Security Irnwrr,ern, but, ,fnecessaryto comply with law or custom, MERS (as nominee for lender and lenders successors and assigns) has the right to exercise anyor all ofthose interests, including, but nor limited Io, the right to foreclose and sell the property, and to lake any action required of lander including, but her limited to, releasing or canceling this Security Instrument BORROWER COVENANTS that Borrower,, lawfullyseued of the estate hereby conveyed and has the right to mortgage, grant and convry the Property and thin the Progeny, is unencumbered, except for encumbrances of record Borrower warrants and will defend generally the tide to the property against all claims and demands. subject to any encumbrances of record THIS SECURITY INSTRUMENT cumbinea uniform comriant, for national use and non -i mform covernanu with limited variations bydunsdicton to constitute a uniform security,nstroment covering rail property UNIFORM COVENANTS Borrower and lender covenant and agree as follows I Payment or Principal, Interest and lett Charge Borrower shell pay when due rhe principal of, and interest on, the debt evidenced by the Note and laic charges due under the Note 2 Monthly Payment of Taxes, Insurance, and Other Charges Borrower shall include in each monthly payment, together with the principal and Interest as set forth in the Nae and any late charges, a sum for (a) (saes and specol assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premmms for insurance required under Paragraph 4 In any year in which the Lender must pay a mortgage insurance premium to the Secretary, of Housing and Urban Development ("Seactary"), or in any year in which such premium would have been required ifLender still held the Security Instrument, each monthly payment shall also include either (t)a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (u) a monthly charge instead oft mortgage insurance premium if this Security Inslroment is held by the Secretary, m s mnsonoble amount o be determined by the Secretary Except for the monthly charge by the Secretary, Nae items are called "Escrow Items" and the sums paid to Lender are called 'Escrow Funds " Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount than may be required for Borrowers escrow account under the Real Estate Settlement Procedures Aa of 1974,12 U S C ¢ 2601 in sea and implementing regulations, 24 CFR Pen 3500, as Ncy maybe amended hnm umu mums ("RESPA'), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrowers payments are available In the account may not be based on amounts due rot the mortgage insurance premium Pogc 2 er5 Innmis E E -FILED 2019 SEP 12 4:59 PM JOHNSON - CLERK OF DISTRICT COURT If the amounts held by Lender for Escrow Itemsexeeed the amounts permitted to be held by RES PA. Lender shall h accaum to Borrower for the excess funds ss regtuled by RESPA If the amounts orfunds held by render many time are rat t t sufl;canrto pay the Escrow Items when due. Lender mayntit"t, Borrower and require Borrower to make up theshonage 5,. as pennhned by RESPA The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument IfDorrowcr tenders to Lender the full payment of all such sums, Borrowers account shall be credited with the balance remmmug for all installment nems(a),(b),and (c) and any mortgage insurance premium inslallmenuhat lender hu not become obligated to ., pay to the Secretary, and Lender shall promptly refund any excess fiords to Borrower Immediately prior to a fcneck erre sale is of the Property or its acquisition by Lender. Borrowers account shall be credited with any balance remelting far all installments for items (a), (b), and (c) 3 Application of Payments All payments under Paragraphs I and 2 shall be applied by Lender as follows First, to the mortgage insurance premium to be pad by Lender to the Secretary or to the monthly charge by the Secretary instead ofthe monthly mongege insurance premium, Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, good and other heard (..'. insurance premiums, as required, Third, to interest due under the Note, Fourth, to amortization 1i principal afthe NOW, and Fifth, to late charges due under the NOW Fire, Floud and Other Hoard Insurance Borrower shall insure all improvements on the Property, whether - now lin existence or subsequently erected, against any hazards, casualties, and contingencies, including firc, far which lender requires insurance This ,nswance shall be matnlamed in the amounts and for the periods that Lender requires Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by goods to the extent required by the Secretary All insurance shall be tamed with companies approved by Lender The insurance policies and any renewuls shall be held by lender and shall include loss payable clauses lin favor of, and lin a form acceptable to, lender" In the event Often, Borrower shall give lender immediate notice by mad Lender may make proofoffuss trot made promptlyby Borrower Each insurance company concerned is hereby authii and directed to make payment for such . loss directly to Lender, instead ofto Borrower and to Underyomtly All or soy pan ofthe insurance Proccedsmaybe applied byUnder, at its option, either (&)to the reduction ofthe indebtedness under the Note and this Secunrylitsrnanent,fins many delinquent amounts applied in the order in Paragraph 3, and thin to prepayment of pnnc,pat, or (b) to the restoration or repair ofthedamaged Property Anyappbcalmn ofthe proceeds to the principal shall not extend or postpone the ducdatt of OF the monthly payments which are referred to In Paragraph 2, or change the amount ofsuch payments Anyexcessinsurance proceeds over aamount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto In the event of fuaclmure of Itis Smurtry Instrument or other transfer oftitle to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies lin force shall pass to the purchaser 5 Occupancy, Preservehoa, Maintenance and Protection of the Property, Borrower's Loan Application, Leaseholds Borrower shall occupy, establish, and use the Property as Borrowers principal residence within surtydays ager the execution oflhis Security instrument (or within sixty days are later sale u transfer ofthe Property) and shall continue to occupy the Property as Borrower's principal residence for at lean one year eget the date of occupancy, unless Lender determines that requirement will cause undue hardshipP for Borrower, or unless extenummg circumstances exist which arc beyond Borroweescontrol Borrower shall notify Undtt o(nayexlenuatingcircumstatces Borrower shall not conunnwastt or destroy, damage at substantially change the Property or allow the Property to delenuratc, reasonable wear and tear excepted Lender may impact the Property hflhe Property is vacant or abandoned or the loan is in default lender may take reasonable action to protect and preserve such vacant or abandoned Property Borrower shall also be in default hfBorrow'er, dunng the loan application process, gave mnioally false or inaccurate information or statements to lender (or failed to provide Lender with anymaterml information) in connection with the loan evidenced bythe Note, including, but not limned i le,representatiomconcemmgbwrower'smcupu yoflhe Propenyuaprmcipalrmdmce lfthu Securiylnsuumentnon a leasehold, Borrower shall comply with rhe provihom ofthe lease If Borrower acquires fee tale to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger lin writing 6 Condemnation The proceeds army award or claim for damages, direct or cunsecimmial, lin connection with any condemnation or other taking of any pan of the Property, x for conveyance lin place of concentration, are hereby assigned and shall be pond to Lender to the extent of the full amount oflhe indebtedness that remains unpaid under the Nota and this Security instrument Lender shall apply such proceeds to the reduction ofthe indebtedness under the Vote and this Security Instrument, first to any delinquent amounts applied in the order provided lin Paragraph 3, and then to prepaymentof principal Any application ofthe proceeds to the principal shall not extend or postpone the due date often monthly payments, which are referred tom Paragraph 2, or change the amount Orwell payments Anyexcessproceedsoveranamounlr-guard to pay all outstanding mdcbedness under the Nae and this Security Instrument shall be paid to the entity legally eMtiled thereto 7 Charges to Borrower and Protection of Lender's Rights m the Propeny Borrower shall pay all J�l governmental or municipal charges, fines and impositions that are not included lin Paragraph 2 Borrower shall pay theseobligations on tune dnectlyto the maty which is owed the payment Iffadure to pay would adversely effect lenders mccarin the Property, upon lenders request Borrower shall promptly furnish to Under receipts evidencing Lase payments ifBorrower fails to make (base payments or the payments required by Paragraph 2, or fads to perform anyotho covenants and agreements contamed lin this Security Instrument, or there u a legal proceeding that may sigmficandy street Under's rights ,n the Property (such as a proceeding lin bankruptcy, for condemnation or to enforce laws u regulations), then Lender may do and Day whatever is necessary to protect the value of the Property and Lender's rights lin the Propmy, including payment of taxes, heard insurance and other items mentioned lin Paragraph 2 .. Arty amounts disbursed by Linder under this Paragraph shall become an additional debt ofDonower and be securod by this Security Inswmcns These amounts shall bear interest from the data ofdisbursemenl at the Note rate, and w to option of lender, shall be ,mmedately due and payable Borrower shall promptly discharge any ben which has prhoetryover this Security lnstromenl unless Borrower (a) agrees lin writing to the payment orthe obligation secured by Ne lien in a manner acceptable to Under, (b) contests lin good faith the hen by, or defends against enforcement ofthe ben in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the hen, or (c) secures from the holder of the lien an agreement satisfactory to Under - subordirmmgthelientuthisSecuntylnstiun t If Under dclermmes that any pan ofthe Property is subject ta alien whmh� may whom priority over this Security Instrument, Lend" may give Borrower a notice identify ne the ben aln aw-r shall— sunfy the hen or take one or more of the actions set forth above within 10 days ofthe giving of noucc C.: 9 Fees Under may collect fees and charges authorized by the Secretary 9 Grounds for Acceleration of Debt J>— (a) Default Lender may, except as limned by regulations issued by the Secretary lin the core o pa enter defaults, require hmmedtaa payment lin full ofall sums secured by that Security Instrument n = (i) Borrower defaults by fading to pay lin full any montty payment required by this Securtq(, t�air�imenC0 r Prix to or on the due date ofthe next monthly payment, or f— Ili roses ors Initials r IV � r_ C.11 — 1 M1 E -FILED 2019 SEP 12 4:59 PM JOHNSON - CLERK OF DISTRICT COURT (it) Borrower defaults by failing, for a period of thery days, W perform any other obligations contained in this Security Instrument (b) Sale Without Credit Approval Lander shall, irpermilud by applicable law (including section 34 I(d) of the Gam -St German Depository Inslltall0, An or 1982, 12 U S C 17011-3(d)) and with the prior full secured by this Security approval of the Secretary, require canowduu, payment in of all the sums Instrument If (ii) Allor part ofthe Pmpcny.or a bencriVal lowest in a trust owning all or pan ofthe Property, Is solder otherwise mansfmcd (other than by devise or descent), and (u) The Property a not Occupied by the purchaser of graimar as his or her principal restdIn,ce, or the purchases or gramice does so Occupy the Property, but his or her credit has not town approved in accordance with the riquirmocrits of the SV;rVQr)` (c) No Waiver Ifcwm$lm,w occur that would permit Lender to require immediate payment in full, but Lender clow not require such payments, Lender does not waive its rights with respect to subsequent cirams (it) Regulations of HUD Secretary In many circumstances regulations issued by the ScwVsuY will limit Lemder's rights, in the wese, of payment defaults, to require mFmVIQLC pirment in hill and foreclose Ifnm V paid This SnurifyInswument does not aufficinize acceleration or foreclosure irnot remitted byregulmorries Ln of the Sewetary, fV (a) Mortgage Not Insured Borrower agrees but irthis Security Instrument and the Note are not determined CR 2 to be eligible fbirrmunerwe under the National HOUSLngAct within 60 from the due herrexiC Lender Uj__1 LLJ may, at its option require Immediate payment in full of all sums secured by this Security Instrument A )v: 60 from the wri nen statement of my authorized agent DfthC Secretary dined subsequent to 00 r— date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive prool'of be by Lerida when the such ineligibility Nonvaltsurnifing the foregoing, ibis option may not exercised CL_ < unavailability of Insurance is solely due to Lende's failure to remit a mortgage insurance premium to the i LLJ L�) U Z2:: Secretary — equired immediate payment in full became C) 10 Reinstatement Borrower has a right to be reinstated rLendV has I Qv f Boriower's failure to pay an mount due under the Note w his Securely Instrument This right applies even after o foreclosure proceedings are instituted To Fermat, the Security Instrument, Borrower shall under in a lump sum of Mourns required to bring Borrower's account current including, to the extent they Fare Ohl gotons of Borrower under III Fis SnUffty Instrument, foreclosure costs and rVisonable and customary attorneys few and expenses Property actowLated with the Foreclosure proceeding Upon reinstatement by Borrower, this Security Instrument and the obligations that a secures shall ,mmun in Aw as r lender had not required immediate payment in fill However, Leader is not required to Permit rernmalementif (I) Lender has amcplcd reemstwerrem after the commencement offoreaclosure proceedings within twoycars immediately preceding the commencement ofa current foreclosure proceeding. (it) iemstalment will preclude foreclosure on different grounds in the funne, or (it I) reinstatement will adversely affect the priority of the ben created by this Security Imitriumm 11 Borrower Not Released, Forbearance By Lender Not sWaiver Extension of the time or payment or mud,fiumon rfamaNzanint ofthe sums secured by this Security Instrument granted by Under to anysuceasor in mucrest of Borrower shall not operate to release the liability ofthe Original Borrower or Borrower's sumessorm interest Under shall nor be required to commence proceedings against any successor in interest or refuse to "lend time for paymontor odariwea, modify nnwnimbon ofthe sums secured by this Scmirtry, Instrument by Fusion of any demand made bydic ongmal Bernew,er or Borrower's successors In mterest Any forbearance by Lmtdu in exercising any right or Formerly shall not be a waiver orcr preclude the cxcm isc of any right or remedy 12 Successon and Assigns Bound, Joint and Several Liability, Co-sigatri The covertumand agrwmmuor this Security Instrument shall bind and benefit the successors and assigns orLerido- and Borrower, sublet to the provisions OfParagraph9(b) Bonro.ces covenants and agreements &bell bejoint and several Any Borrower who co-signs this SI:mrnry Instrumem but dow not cx=te the Note (a) is co-siging this Security Imartimcrit only to mortgage, grant and convey that BoffowV's interest in the Property under the [� a III is S"unty Instrument, (b) is not personally obligated to pay the sums t. secured by this Security Innuument, and (c) agrees that tender and any other Borrower may agree to extend, Modify, forbuir or make any accommodations; wish regard to the term ofthis Security Instrument or the Nola without that Borm-ces consent 13 Notion Any notice to Borrower provided for in this Security Instrument shall be given by delivering it OF by mailing It by RM class mad unless applicable law requires use of another method The =fee "ll be duetted to the Property Address or any other address Borrowu dwignalm by notice to Low1cr Any notice to LIonclus, shall be given by first class mai 110 Lenders address stated herein or any address Leader designates by notice to Borrower Any nonce provided for in this Security Instrument shall be deemed to have been given to Borrower or Lencim when given as provided In this paragraph N Govers,mgLaw.5,verability This S,,,,,y Instrument shall be governed by Federal law and the law ofthe junsiboton In which the Prop" a located In the event thin any provision or clause ofth,s Security Instrumml or the Now conflicts with applicable law, such conflict shall not afficl Other provisions ofthis Security Instrument "the Note which can be given affect without the sentineling provision To this =it the proves.ons, ofthes Security Insirumm, and the No,, a deetmed to be severable IS Borrower's Copy Burnouts shall be given one conformed copy ofthe Note and ofthis Security Instrument 16 Hassard.wSubstatizees Bonrovve, shall not"user orprImn the presence, use, disposal, storage, Or releassof MY Hazardous Substances on or in the Property Borrower shall not do, nor allow anyone else to do, anything affirorng the Property that is in violation ofany Environmental Law The preceding two sentences shall not apply to the presence, use, or t storage on the Properly orsmarn quantities; or Hazardous Substances that we generally r1109111:1 10 be appropriate to normal residential uses and to maintenance, ofthe Property t Borrower shall promptly give Under written notice Ofluly InVeStIgaIlDn, Caro, demand, lawsuit E or other action by MY 90vw1frincifflill or regulatory agm%or private party involving rhe Property and my Hazardous Substance or Environmental Law orwhmh Borrower his actual knowledge IfBormwer iVaosi, car is notified byarygovernmental or regulatory authority. that any removal or other remediation Ofany Hacsirclous Substances affecting the Property tinawsarry, 10 Borrower shall promptly take III necessary remedial set= in wwrillaince with Environmental Low As used in this paragraph 16, -1-husardow Substances' an: those subsounces defirux! as toxic or hazardous substances by Environmental Law and the follovem substances gasoline, kerosene, other flammable or toxic petroleum � products, toxic pesticides sund herbicides, v019,11 solvents, mmantil, rontsuinasbestosor formaldehyde, and radioactive As 'E,,,,n,,,I,l materials used In the paragraph 16, Law' ,,, federal laws and Jaws of the jurisdiction where the Property is lomit d that -late to health, safety or environmental protection NON-UNIFORM COVENANTS Borrower and Lander further covenant and agree as follows 17 AssagnmentofRcnts Borrower uncondmorially assigns and transfers to Lender all the rents and rcv,n,,, of Ne Property Borrower auffionaw Lender or Lender agents to collect the rent, and revenues and hemityclurects each tenant of the Property 10 pay the rents to Lmdar Or Lenderagents However, prior to Lencler's notice to Borrower of-Barm wx breach of my covenant on, agreement in the Security Instrument, Burrower shall collect and recover all term and revenues of the Prop, fit ii runder and Borrowu Thu assignment orronts, consumes an absolve assignment and PW 4 ors Initials :INMI 01rM MIA0M,IbS'1W1ARiP.I►LWOWwiw:17to] am,19 7Ni101411 MAIN ant an Assignment for additional security only If Lerida gives notice of breach to Borrower (a) all reels received by Borrower shall be held by Borrower As souse for benefit ofLenda only, to be applied to the sums secured by the Security Instrument. (b) Laidashall be emdkdso collect and receive all of the rents of the Property, and (c) each tenant of the Property shall pay all rents due end unpaid to Lend" or Lender agent on LCader's written demand to the tenons Borrower hss not executed any prior assignment of the rens and has act and will not perform any act that would prevent Lender from exercising Its rights under thusParagraph 17 Lender shall not be required so enter upon, lake control ofor maintain the Property before or after giving notice of breach to Borrower However, Lender or a judicially appointed recover may do so At any time there s a breach Any application ohents shall not care or waive anydefault or Invalidate any other right or remedy oflender Thisasslgnmentof rens of the Property shell termsame when the debt secured by the Security Instrument Is paid in full 18 Foreclosure Procedure If Lender requires immediate payment in full under Paragraph 9A dermay foreclose thisSecunly Instrument byfudaial proceeding Lender shall be entitled to roileet all expenses incurred In pursuing the remedies provided in this paragraph 19, Including, but not limited to, reasonable attorneys' fees and costs of title evidence If the Lender's Interest in Ilua Security Instrument is held by the Secretory and the Secretary requires immediate payment In full under Paragraph 9, the Secretary may invoke the nonludicnal power of sale provided in the Single Family Mortgage Foreclosure Act or 1994 ("Act") (12 U S C 3751 e1 sea by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Properly as provided in the Act Nothing In the preceding sentence shall deprive the Secretary of any rights oshervnse available to a Lender under Iters Paragraph IS or applicable law 19 Release Upon payment of all sums secured by this Sturdy Instrument, Lender shall release this Security instrument without charge to Borrower Borrower shall pay any recordation toss 20 Waivers Borrower relinquishes all right ofdower and waives all right ofhora stead and distributive same in and to the Property Borrower waves any right of exemption as to the Property 21 Redemption Period If the Property Is less than 10 asci In situ and Lender warves in any foreclosure proceeding any right to a deficiencyjudgmenl agamss Borrower, the period ofredemptmn framjudmial s ik shall be reduced to6months Ifthe court finds that the Property has been abandoned by Borrower and render waives any right to a deficiency judgment against Borrower, the period ofredemption Bomjudicial sale shall be reduced to60 days Theprovislonssofils paragraph 21 shall be construed to conform m the provisions of Sections 628 26 and 628 27 of the Code of Iowa Riders toths Secunly Instrument Ifone or more riders we executed by Borrower and recorded together with this Security Instrument, the covenants of each such rules shall be Incorporated Into and shall amend end supplement the constants; and Agreements of this Security Instrument M tithe rider(s) were a part ofthis Security Instrument [Check applicable box(es)] ❑ Condominium Rider ❑ Growing Equity Rider ❑ Other [specify] ❑ Planned Unit Development Rider ❑ Graduated Payment Rider BY SIGNING BETA W, Borrower accepts and agrees to the terms contained In this Security Instrlanera and In arty nder(s) execuisd by Borrower and recorded with it The undersigned borrowers) acknowledge(s) rece pt of copy of this instrument Witnesses (Seal (Stop CD .o DC-) N �Sa+q-p lion." n r- uomr i:r o� 3� N Space Below This Line For Acknowledgment l D Ln STATE OF Iowa _ COUNTY OF Johnson _ The Instrument was acknowledged before me on October 23, 2009 byJashua J Waida And Dava L Wanda, as husband and wife Signature •'78'C` d 4JESSICA kGREW Jessa L G I ,Notary Public i Commm anNumaenNG 83646 Name (typed rated) try N Com12 2E10oei Mer12 201 My Commssam expire 03/12(2011 P.6o 5 r -VVMM E -FILED 2019 SEP 12 4:59 PM JOHNSON - CLERK OF DISTRICT COURT Recording Requested By/Return TO: Cathleen Birll We President JPMORGAN CHASE BANK, N.A. MHA DEPARTMENT 780 KANSAS LANE 2ND FLOOR, LA4-3125 MONROE, LA 71203 This Instrument Prepared By: Cathleen Birli Vice President JPMORGAN CHASE BANK, N.A. 3415 VISION DRIVE COLUMBUS, OHIO 43219-6009 (800) 646-9360 Parcel Identification Number. 1024110002 See Legal Description on Page 2 - [Space Above This Line For Recording Data] FHA HOME AFFORDABLE MODIFICATION AGREEMENT (Step Two of Two -Step Documentation Process) FHA Case Number Loan Number FRAMOMEAFFORDABLE MODIFICATION AGREEMENr with PRA 09.152011 ver. -�- (Page 1 0l pages p: EXHIBIT I. BK: 5489 PG: 269 Recorded: 4/5/2016 at 12:00:25.720 PM Fee Amount: $57.00 Revenue Tax: Kim Painter RECORDER Johnson County, Iowa U7 4 �, Y 1 1 LLJ ' cc) -1I: UI--- �J _ LL LLJ s N U �' Q CD 0 N Recording Requested By/Return TO: Cathleen Birll We President JPMORGAN CHASE BANK, N.A. MHA DEPARTMENT 780 KANSAS LANE 2ND FLOOR, LA4-3125 MONROE, LA 71203 This Instrument Prepared By: Cathleen Birli Vice President JPMORGAN CHASE BANK, N.A. 3415 VISION DRIVE COLUMBUS, OHIO 43219-6009 (800) 646-9360 Parcel Identification Number. 1024110002 See Legal Description on Page 2 - [Space Above This Line For Recording Data] FHA HOME AFFORDABLE MODIFICATION AGREEMENT (Step Two of Two -Step Documentation Process) FHA Case Number Loan Number FRAMOMEAFFORDABLE MODIFICATION AGREEMENr with PRA 09.152011 ver. -�- (Page 1 0l pages p: EXHIBIT I. E -FILED 2019 SEP 12 4:59 PM JOHNSON - CLERK OF DISTRICT COURT Loan Number Borrower (°I"):' JOSHUA J WAJDA AKA JOSHUA WAJDA AND DAVA L WAJDA, HUSBAND WIFE Lender or Servicer ("Lender /"Mortgagee"): JPMORGAN CHASE BANK, N.A. Date of first lien mortgage, deed of trust, or security deed ("Mortgage") and Note ("Note"): OCTOBER 23 2009 Loan Numbe� Properly Address ("Property°): 3417 S JAMIE LN, IOWA CITY, IOWA 52240 LEGAL DESCRIPTION: THE LAND REFERRED TO IS SITUATED IN THE COUNTY OF JOHNSON, CITY OF IOWA CITY AND STATE OF IOWA, DESCRIBED AS FOLLOWS: LOT 52, VILLAGE GREEN SOUTH, PART 48, IOWA CITY, IOWA, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 34, PAGE 42, PLAT RECORDS OF JOHNSON COUNTY, IOWA PARCEL ID: 1024110002 REFERENCE NUMBERS OF DOCUMENTS MODIFIED: RECORDED OCTOBER 29, 2009 BOOK 4521 PAGE 305 INSTRUMENT NO. 021665480005 Tax Parcel No: 1024110002 I IMPORTANT: READ BEFORE SIGNING, THE TERMS OF THIS AGREEMENT SHOULD BE RE D CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. NO OTHEl TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OF THIS AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT. If my representations in Section 1 continue to be We in all material respects, then this FHA Home Affordable Modification Agreement ("Agreemerin will, as set forth in Section 3, amend and supplement (1) the Mortgage on the Property, and (2) the Note secured by the Mortgage. The Mortgage and Note together, as they may previously have been amended, are referred to as the 'Loan Documents.' Capitalized terms used In this Agreement and not defined have the meaning given to them in Loan Documents. I understand that my Mortgage and Note are governed under the applicable laws and regulation s of the Federal Housing Administration ("FHA'), and this Modification Agreement is further subject tpp my compliance with the requirements of FHA under this modification program (the °Programl) as announced from time to time. I understand that after I sign and return two copies of this Agreement to the Lender/Mortgagee, the Lender/Mortgagee will send me a signed copy. of this Agreement. This Agreement will not take erffect unless the preconditions set forth in Section 2 have been satisfied and the Lender/Mortgagee) has executed a counterpart of this Agreement. 1. My Representations. I certify, represent to Lender/Mortgagee and agree: N more than one Borower or Mortgagor is executing this document, each Is referred to as 'I.' For purposos A this document words signifying the singular (such as '1*) shell Include the plural (such as 'we*) and vice versa whore appropriate. RWHOME AFFORDABLE MODIFICATION AGREEMENT with PRA 09.15-2011 v —JPasa 2 P O .c C'9 to CID I r. :ern s , E -FILED 2019 SEP 12 4:59 PM JOHNSON - CLERK OF DISTRICT COURT `A 3. Acknowledgements and Precondidons to Modification. I understand and acknowledge that: A. TIME IS OF THE ESSENCE under this Agreement. This means I must make aft payments on or before the days that they are due; B. If prior to the Modification Effective Date as set forth in Section 3 the Lender/Mortgagee determines that any of my representations in Section 1 are no longer true and correct, the Loan Documents will not be modified and this Agreement will terminate. in that event, the Lender/Mortgagee will have all of the rights and remedies provided by the Loan Documents; and C. I understand that the Loan Documents will not be modified unless and until (i) I receive from the Lender/Mortgagee a copy of this Agreement signed by the Lender/Mortgagee, and (il) the Modification Effective Date (as defined in Section 3) has occurred. I further understand and agree that the Lender/Mortgagee will not be obligated or bound to make any modification of the Loan Documents A I fail to meet any one of the requirements under this Agreement. D. 1 understand and agree that if I was discharged in a Chapter 7 bankruptcy proceeding subsequent to the execution of the Loan Documents, I am voluntarily entering into this modification for the benefits to be obtained thereby and not as a reaffirmation of the debt evidenced by the Note, and I further understand and agree, and the Lender/Mortgagee, by its execution of this Agreement also agrees, that nothing contained herein is intended to impose personal liability for the Loan in violation of such discharge. The Modification. If my representations in Section 1 continue to be true in all material __1 _.. ______x..:......... n........w:f....,.:..., a-. f..dh in Carlinn 9 hpva Man mpt the Loan Number - A. I am experiencing a financial hardship, and as a result, (1) 1 am in default under the Loan Documents, and (ii) I do not have sufficient income or access to sufficient liquid assets to make the monthly mortgage payments now or in the near future; B. I live in the Property as my principal residence, and the Property has not been a condemned; :< There has been no change in the ownership of the Property since I signed the loan Q YO Documents; 1 have provided documentation for all income that I receive (and I understand that I a ��— Lij--I %- am not required to disclose child support or alimony unless I chose to rely on such f c V ~ � income when requesting to qualify for the Program); Under penalty of pedury, all documents and information I have provi to rZ Lender/Mortgagee in connection with this Agreement, including the documents and rw v3 o information regarding my eligibility for the Program, are true and correct; o o F- If Lender/Mortgpgee requires me to obtain credit counseling in connection with the << N Program, I will do so; and G. I have made or will make all payments required under a Trial Period Plan or Loan Workout Plan. `A 3. Acknowledgements and Precondidons to Modification. I understand and acknowledge that: A. TIME IS OF THE ESSENCE under this Agreement. This means I must make aft payments on or before the days that they are due; B. If prior to the Modification Effective Date as set forth in Section 3 the Lender/Mortgagee determines that any of my representations in Section 1 are no longer true and correct, the Loan Documents will not be modified and this Agreement will terminate. in that event, the Lender/Mortgagee will have all of the rights and remedies provided by the Loan Documents; and C. I understand that the Loan Documents will not be modified unless and until (i) I receive from the Lender/Mortgagee a copy of this Agreement signed by the Lender/Mortgagee, and (il) the Modification Effective Date (as defined in Section 3) has occurred. I further understand and agree that the Lender/Mortgagee will not be obligated or bound to make any modification of the Loan Documents A I fail to meet any one of the requirements under this Agreement. D. 1 understand and agree that if I was discharged in a Chapter 7 bankruptcy proceeding subsequent to the execution of the Loan Documents, I am voluntarily entering into this modification for the benefits to be obtained thereby and not as a reaffirmation of the debt evidenced by the Note, and I further understand and agree, and the Lender/Mortgagee, by its execution of this Agreement also agrees, that nothing contained herein is intended to impose personal liability for the Loan in violation of such discharge. The Modification. If my representations in Section 1 continue to be true in all material __1 _.. ______x..:......... n........w:f....,.:..., a-. f..dh in Carlinn 9 hpva Man mpt the E -FILED 2019 SEP 12 4:59 PM JOHNSON - CLERK OF DISTRICT COURT 2 i i Loan Number that If I have failed to make any payments as a precondition to this modification under a workout plan or trial period plan, this modification will not take effect. The first moiled payment will be due on APRIL 01, 2016. A. The new Maturity Date will be: MARCH 01, 2046. B. The modified principal balance of my Note may include amounts and arrearages that,, will be past due as of the Modification Effective Date (including unpaid and deferred interest, fees, escrow advances and other costs, but excluding unpaid late charges, collectively, "Unpaid Amounts") less any amounts paid to the Lender/Mortgagee but not previously credited to my Loan. The new principal balance of my Note will be $120,043.46 (the "New Principal Balance"). I understand that by agreeing to add the Unpaid Amounts to the outstanding principal balance, the added Unpaid Amounts accrue interest based on the interest rate in effect under this Agreement I also understand that this means interest will now accrue on the unpaid Interest that is added to the outstanding principal balance, which would not happen without this Agreement. C. Interest at the rate of 3.750% will begin to accrue on the New Principal Balance as of MARCH 01, 2016 and the first new monthly payment on the New Principal Balance will be due on APRIL 01, 2016. My payment schedule for the modified loan Is as follows: Years Interest Interest Monthly Estimated Total Payment NumtSerof Rate Rale Principal Monthly Monthly Begins on Monthly Change and Escrow Payment' Paympnts Date Interest Payment Payment Amount Amount 1-30 3.750% 03/01/2016 $555.94 $343.74 $899.68 04/01/2016 360 May adjust May adjust periodically periodically 'The escrow payments may be adjusted periodically in accordance with applicable law and therefore my total monthly payment may change accordingly. The above terms in this Section 3.C. shall supersede any provisions to the contrary in the Loan Documents, including but not fimited to, provisions for an adjustable or step interest rate. I understand that, if I have a pay option adjustable rate mortgage loan, upon modification, the minimum monthly payment option, the interest -only or any other payment options will no longer be offered and that the monthly, payments described in the above payment FHMHOME AFFORDABLE MODIFICATION AGREEMENT with PRA 09-15-2011 ver. W*Aof 1 D� my C-) -� —tt7 CO r �r'n = o� N D Cl1 E -FILED 2019 SEP 12 4:59 PM JOHNSON - CLERK OF DISTRICT COURT . ztr Loan Number schedule for my modified loan will be the minimum payment that will be due each m th for the remaining term of the loan. My modified loan will not have a negative amortization feature that would allow me to pay less than the interest due resulting in any unpaid interest to be added to the outstanding principal balance. D. I will be in default if I do not comply with the terms of the Loan Documents, as modified by this Agreement. - E. If a default rate of interest is permitted under the Loan Documents, then in the event of default under the Loan Documents, as amended, the interest that will be due will be the rate set forth in Section 3.C. F. The full Deferred Principal Balance and any other amounts still due under the (.oan 5i Documents will be due by the earliest of: (i) the date I sell or transfer an interest i the Property, (ii) the date I pay the entire Interest Bearing Principal Balance, or (iii) the INew Maturity Date. 4. Additional Agreements. I agree to the following: A. If my loan is a daily simple Interest loan or an average daily balance loan, I understand and agree that interest will accrue daily and payments will be applied as of the Idate received by the Lender according to the terms of the Loan Documents. Interest accrues by applying the ratio of the annual interest rate over the number of days in the year (365 or 366 in a leap year), multiplied by the principal balance, multiplied by the actual number of days the principal balance is outstanding. All payment amounts specified in this Agreement assume that all payments will be made on the payment due date throughout the life of the loan. If I pay before or after the payment due date, the amount of interest will vary and, if my payment Is an amortizing payment, the amount allocated between interest Lr) Q and principal will vary. For example, 9 1 pay a monthly amortizing payment after the due date, more of the payment will go toward interest and less toward the principal. As a N �o result, the principal may be reduced more slowly over the term of the loan, and there w 7 could still be a principal balance due at the maturity date of the loan. All acc" and W, .. ,h r unpaid interest will be applied before any amounts are applied toward pnnQQQQQQipal. co Notwithstanding any scheduled payment shown in this Agreement, at any sche�uled r interest rate adjustment date, my monthly payment will be adjusted to an a ount N necessary to repay the remaining unpaid balance as of the Interest rate adjustment dale O in substantially equal monthly installments of principal and interest over the remaining term of the loan, assuming I pay on the due date. Lender will not accept multiple monthly 0 �+ payments in advance of their due date. - B. That all persons who signed the Loan Documents or their authorized representative(s) have signed this Agreement, unless (i) a borrower or co -borrower is deceased; (i') the borrower and co -borrower are divorced and the property has been transferred to one 7 spouse in the divorce decree, the spouse who no longer has an interest in the property need not sign this Agreement (although the non -signing spouse may continue to be held FHA/HOME AFFORDABLE MODIFICATION AGREEMENT with PRA 09.152011 ver. (page 5 o pages Ni 1: E -FILED 2019 SEP 12 4:59 PM JOHNSON - CLERK OF DISTRICT COURT i t, Loan Number ' liable for the obligation under the Loan Documents); or (iii) the Lender/Mortgagee has waived this requirement in writing. C. That this Agreement shall supersede the terms of any modification, forbearance, Trial Period Plan or workout Plan that I previously entered into with Lender/Mortgagee. D. To comply, except to the extent that they are modified by this Agreement, or by the U.S. Bankruptcy Code, with all covenants, agreements, and requirements of FHA in cony an With the Program, and the Loan Documents including my agreement to make all on payrlj�egnits of taxes, insurance premiums, assessments, Escrow Items, impounds, and all er payments, the amount of which may change periodically over the tern of my Loan. ' E. If under applicable law, a servicer may not establish an escrow account for the subject mortgage loan. F. That the Loan Documents are composed of duly valid, binding agreeme&s, enforceable in accordance with their terms. G. That all terms and provisions of the Loan Documents, except as expressly modifiell by this Agreement, or by the U.S. Bankruptcy Code, remain in full force and effect; nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or In part of the obligations contained in the Loan Documents; and that except as otherwise specifically provided in, and as expressly modified by, this Agreement, or by the U.S. Bankruptcy Code, the Lender/Mortgagee and I will be bound by, and will comply with, all of the terms and conditions of the Loan Documents. H. That, as of the Modification Effective Date, notwithstanding any other provision of the Loan Documents, I agree as follows: If all or any part of the Property or any interest in it is sold or transferred without Lender's/Mortgagee's prior written consent, Lender/Mortgagee may, at its option, require immediate payment in full of all sums secured by the Mortgage. However, Lender/Mortgagee shall not exercise this option 'If state or federal law, rules or regulations prohibit the exercise of such option as of the date of such sale or transr. If Lender/Mortgagee exercises this option, Lender/Mortgagee shall give me nob" of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which all sums secured by the Mortgage will borne due. If payment of these sums is not made prior to the expiration of this period, Lender/Mortgagee may invoke any remedies permitted by the Mortgage without further notice or demand on me. I. That, as of the Modification Effective Date, I understand that the Lender /Mortgawill only allow the transfer and assumption of the Loan, including this Agreement, to a transferee of my property as permitted under the Gam St. Germain Act, 12 U.S.C. Section 1701j-3. A buyer or transferee of the Property will not be permitted, under any other circumstance, to assume the Loan. Except as noted herein, this Agreement may not be assigned to, or assumed by, a buyer or transferee of the Property. J. That, as of the Modification Effective Date, if any provision in the Note or in any addendum or amendment to the Note allowed for the assessment of a penalty for full or partial prepayment of the Note, such provision is null and void. K. That, I will cooperate fully with Lender/Mortgagee in obtaining any title endorsement(s), or similar title insurance product(s), and/or subordination agreement(s) that are necessary or required by the Lendees/Mortgagee's procedures to ensure that the modified mortgage loan is in first lien position and/or is fully enforceable upon modification and that if, under FHA")ME AFFORDABLE MODIFICATION AGREEMENT with PRA 08-15-2011 ver. (page 6U Dy � man =1c) r D x ru E -FILED 2019 SEP 12 4:59 PM JOHNSON - CLERK OF DISTRICT COURT Loan Number any circumstance and not withstanding anything else to the contrary in this Agree ant, the Lender/Mortgagee does not receive such title endorsement(s), title insu nce product(s) and/or subordination agreement(s), then the terms of this Agreement will not become effective on the Modification Effective Date and the Agreement will be null and void. L. That I will execute such other documents as may be reasonably necessary to eith�r (i) consummate the terns and conditions of this Agreement; or (ii) correct the terms and conditions of this Plan if an error is detected after execution of this Agreement I un understand that a corrected Agreement will be provided to me and this Agreement will be avoid and of no legal effect upon notice of such error. If I elect not to sign any such N Y 3corrected Agreement, the terms of the original Loan Documents shall continue in full force z Cl'-CDand effect, such terms will not be modified by this Agreement, and I will not be eligible for �7 J>:a modification under the Home Affordable Modification program. co LM --Mortgage Electronic Registration Systems, Inc. ("MERS') is a separate corporation >-vorganized and existing under the laws of Delaware and has an address and telephone w F <number of P.O. Box 2026, Flint, MI 48501-2026, 1-888-679-MERS (1-888-679-6377). In rn (-) �: cases where the loan has been registered with MERS, who has only legal title to the interests granted by the borrower In the mortgage and who is acting solely as nominee for o Lender/Mortgagee and Lendees/Mortgagee's successors and assigns, MERS has the right: to exercise any or all of those interests, including, but not limited to, the ri ht to foreclose and sell the Property; and to take any action required of Lender/Mort agee including, but not limited to, releasing and canceling the mortgage loan. N. That Lender/Mortgagee will collect and record personal information, including, but not limited to, my name, address, telephone number, social security number, credit score, income, payment history, govemment monitoring information, and information about account balances and activity. In addition, I understand and consent to the disclosure of my personal information and the terms of the Trial Period Plan and this Mod' on Agreement by Lender/Mortgagee to (a) the U.S. Department of the Treasury, (b) Fannie Mae and Freddie Mac in connection with their responsibilities under the Home Affordability and Stability Plan; (c) any investor, insurer, guarantor or servicer that owns, insures, guarantees or services my first lien or subordinate lien (it applicable) mortgage loan(s); (d) companies that perform support services for the Home Affordable Modification Program and the Second Lien Modification Program; and (e) any HUD certified housing counselor. O. 1 agree that if any document related to the Loan Documents and/or this Agreement is lost, misplaced, misstated, inaccurately reflects the true and correct terms and conditions of the loan as modified, or is otherwise missing, I will comply with the Lender's/Mortgagee's request to execute, acknowledge, initial and deliver to the Lender/Mortgagee any documentation the Lender/Mortgagee deems necessary. If the original promissory note is replaced, the Lender/Mortgagee hereby indemnifies me against any loss associated with a demand on the original note. All documents the Lender/Mortgagee requests of me jinder this Section 4. O. shall be referred to as "Documents." I agree to deliver the Documents within ten (10) days after I receive the Lender's/Mortgagee's written request for such replacement. This Agreement may be executed in multiple counterparts. FHA/HOME AFFORDABLE MODIFICATION AGREEMENT with PRA 0 9-1 52 01 1 E -FILED 2019 SEP 12 4:59 PM JOHNSON - CLERK OF DISTRICT COURT fj L" Q Loan Number VftA That, if I am in bankruptcy upon execution of this document, I will c o aratencoro accordance Lender in obtaining any required bankruptcy court and trustee approvals with local court rules and procedures. I understand that if such approvals are not received, then the terms of this Agreement will be null and void. If this Agreement becomes null and void, the terms of the original Loan Documents shall continue in full force and effect and such terms shall not be modified by this Agreement. If receive lto attend coachlun counseling, I agree to such counseling and additional debt management provide evidence of attendance to Lender/Mortgagee upon request. I acknowledge and agree that if the Lender/Mortgagee executing this Agreement is not the current holder or owner of the Note and Mortgage, that such party Is the authorized servicing agent for such holder or owner, or its successor in interest, and has full PPPQQQ r , and authority to bind itself and such holder and owner to the terms of this modifications a (SIGNATURES CONTINUE ON FOLLOWING PAGES) i V i< 1 t r! - s i FHAJHOME AFFORDABLE MODIFICATION AGREEMENT wRh PRA 09-15-2011 ■ (page 8 j`. r E -FILED 2019 SEP 12 4:59 PM JOHNSON - CLERK OF DISTRICT COURT Loan Number TO BE SIGNED BY BORROWER ONLY BORROWER SIGNATURE PAGE TO HOME AFFORDABLE MODIFICATION AGREEMENT BETWEEN JPMORGAN CHASE BANK, N.A. And JOSHUA J WAJDA AKA JOSHUA WAJDA AND DAVA L WAJDA, HUSBAND AND WIFE, LOAN NUMBE��VTH A MODIFICATION EFFECTIVE DATE OF April 01, 2016 1 In Witness Whereof, the Borrower(S) have executed this agreement. Borrower - JOSHUA J WI]JIIDA AKA (Must Be Sign y1fs Printed) Borrower VA L WAJ DA (Must Be Signed Exactly as Printed) Date: —1 TI Date: F P '.- Stale of IOWA (Courtly) of tJO�']KSO►'� Enter County Here This instrument was acknowledged before me on QvrkQ v by JOSHUA J WAJDA AKA JOSHUA WAJDA and DAVA L WAJOA. qKARCELLE WMICKERLIIIB (signature f�notarial officer) F CcnvnWslw Nwnbar 183158 [SEAL]' MP bsa Title or rank: Notary Public 2 y /� My Commission expires: z 3 o Lf) (V Y3 O_ J?' CO UH_ — }U � ~Q CWjyCD U ^r rn i ^#I i E -FILED 2019 SEP 12 4:59 PM JOHNSON - CLERK OF DISTRICT COURT Loan Number TO BE SIGNED BY LENDERIMORTGAGEE ONLY I LENDERIMORTGAGEE SIGNATURE PAGE TO HOME AFFORDABLE MODIFICATION AGREEMENT BETWEEN JPMORGAN CHASE BANK, NA. And JOSHUA J WAJDA AKA JOSHUA WAJDA AND DAVA L WAJDA, HUSBAND AND WIFE, LOAN'FIUMBEITH A MODIFICATION EFFECTIVE DATE OF April 01, 2016 um In Witness Whereof, the Lender/Mortgagee has executed this Agreement. Lender/Mortgagee JPMORGAN CHASE �BANK, �NA By: ! �� Printed Name: Todd Hale Vice President Date: 3-741-Zo1L FNAIHOME AFFORDABLE MODIFICATION AGREEMENT with PRA 09.15.2011 n+t W —J LL E -FILED 2019 SEP 12 4:59 PM JOHNSON - CLERK OF DISTRICT COURT Loan Number State of MICHIGAN County of OAKLAND AcknovAedged by Todd Hale vice President of BANK. N.A., a national banking association before me on the O\ o Signaturer 0 / Printed name Shanon Pritchard Notary public, State of MICHIGAN. County of OAKLAND My commission expires FEB 2 0 2020 Acting in the County of OAKLAND Sl1ANONPRRCFIAFD NOTARI' pl)SLIC - STATB OF MICHIGAN Alilnp N the Caunb d Lr) Q (V �C�- ==O C_ cc) U1— v �t i; FHAIHOME AFFORDABLE MODIFICATION AGREEMENT v4th PRA 09-15-2011 ver. � . �paQ� �iwii E -FILED 2019 SEP 12 4:59 PM JOHNSON - CLERK OF DISTRICT COURT AFFIDAVIT STATE OF IOWA ) ) SS COUNTY OF POLK ) 100472-2 I, Benjamin W. Hopkins, depose and state that I am one of the attorneys for Plaintiff in this cause; that I am a regular practicing attorney engaged in this case; that there has been no agreement, express or implied, between myself and my client, or between myself and any other person except attorneys associated with me in this case, for any sharing or division of the attorney fees to be taxed herein. I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct. Dated as of this day of 20 Benj iWopl6ds AtgWS573 Exhibit "C" N O_ C7 � n =<m z Rl cn 3 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY hTlb I: ` a—.1.110a Case No. EQCV081188 Plaintiff, VS. ANSWER TO AMENDED PETITION Dava Laniece Bryan f/k/a Dava L. Wajda; Joshua J. Wajda a/k/a Joshua Wajda; Spouse of Dava Laniece Bryan f/k/a Dava L. Wajda, if any; City of Iowa City, Iowa; Discover Bank, United States of America - Secretary of Housing and Urban Development; Barclays Bank Delaware; State of Iowa; and Parties in possession; Defendants. COMES NOW Defendant State of Iowa, by the Johnson County Attorney's Office, and for this Answer to Plaintiff's Amended Petition states as follows: 1. With respect to Paragraph 1 of Plaintiffs Amended Petition, Defendant State of Iowa affirmatively states that it claims an interest in the real estate in question in the amount of $3608 stemming from the fines, surcharges and court costs associated with the following Johnson County Cases: FECR119524 $477.75 November 21, 2018 OWCR123540 $1857.50 September 5, 2019 STA0222246 $735 September 5, 2019 N C1 STA0222247 $195 September 5, 2019 D.tea a d STA0222248 $195 September 5, 2019 c7-�G ::4 1 — �. SMSM110503 $147.75 September 5, 2019 C-) <m b cn J Lc : CA ( \-)orrr{m , f)AcO-lA6S-47 Fnf'l : Ccn x— J 2. Defendant denies that the monetary amounts listed in paragraph 1 of the amended petition represent the combined fine, surcharge and court costs in each case. The amounts listed in the amended petition include only the fine amounts for each case. 3. The balance of the answer filed on behalf of the State of Iowa filed on September 25, 2019, is incorporated herein as though fully set forth. WHEREFORE, Defendant State of Iowa requests that the Court do the following: A. adjudicate the rights and privileges of the parties hereto; B, order that any proceeds from the sale of the property remaining after the satisfaction of the mortgage indebtedness and costs due to Plaintiff be distributed to the junior lienholders in accordance with their relative priority as established by law; C. and take such action as is necessary to recognize the State's interest in the subject property. RESPECTFULLY SUBMITTED, /s/ Lynn M. Rose Lynn M. Rose Assistant Johnson County Attorney Office of the Johnson County Attorney 500 South Clinton Street, 4th Floor Iowa City, IA 52240 Phone: (319) 339-6100 Fax: (319) 339-6149 Irosekco.johnson.ia.us ATAT0006697 ATTORNEYS FOR STATE OF IOWA N C c� 08 C:) �n rn z. M� :.> cn J Original filed electronically. Benjamin W. Hopkins (EDMS) Paul Waterman for Joshua Wajda (EDMS) By placing a true copy in a sealed envelope with postage fully prepaid and mailing same by regular U.S. mail at the addresses indicated: Dava L. Bryan Johnson County Jail P.O. Box 2540 Iowa City, IA 52240 Parties in Possession 3417 South Jamie Lane Iowa City, IA 52240 Unknown Spouse of Dava Bryan 3417 South Jamie Lane Iowa City, IA 52240 Discover Bank President or Officer 502 East Market Street Greenwood, DE 19950 PROOF OF SERVICE The undersigned certifies that the foregoing instrument was served upon the parties referenced below through the Court's EDMS system or other means as designated hereon on the 31" day of October, 2019. By: /s/ Lynn Rose Barclays Bank - Delaware 100 West Street Wilmington, DE 19801 United States of America Secretary Department of Housing & Urban Development 451 7n' Street S.W. Washington, D.C. 20410 -eity of Iowa City Office of the City Clerk 410 East Washington Street Iowa City, IA 52240 N 0 _O �O n a. ':� r-) <� M a m� � • 1 D� s IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY MIDFIRST BANK, Plaintiff, vs. Dava Laniece Bryan f/k/a Dava L. Wajda; Joshua J. Wajda a/k/a Joshua Wajda; Spouse of Dava Laniece Bryan f/k/a Dava L. Wajda, if any; City of Iowa City, Iowa; Discover Bank; United States of America - Secretary of Housing and Urban Development; Barclays Bank Delaware; State of Iowa; and Parties in possession; Defendants. Case No. EQCV081188 ANSWER ON BEHALF OF DEFENDANT STATE OF IOWA AND CONSENT TO FORECLOSURE DECREE COMES NOW Defendant State of Iowa, by the Johnson County Attorney's Office, and for this Answer to Plaintiff s Petition states as follows: 1. Paragraphs 1 through 13 of Plaintiff's Petition are denied for lack of information sufficient to form a belief. 2. With respect to Paragraph 14 of Plaintiff's Petition, Defendant State of Iowa affirmatively states that it claims an interest in the real estate in question in the amount of $3608 stemming from the fine and court costs associated with the following Johnson County Cases: FECR119524 $477.75 November 21, 2018 OWCR123540 $1857.50 September 5, 2019 STA0222246 $735 September 5, 2019 STA0222247 $195 September 5, 2019 STA0222248 $195 September 5, 2019 SMSM110503 $147.75 September 5, 2019 CC: r–j Yva. c$ — Co o CR — I CA, -fV1G'ariS Defendant admits that its interest is inferior to that of Plaintiff. The other allegations in Paragraph 14 of Plaintiff's Petition are denied for lack of information sufficient to form a belief. Paragraph 15 of Plaintiff's Petition is denied for lack of information sufficient to form a belief. 4. This Answer and Consent relates solely to criminal judgment liens, court costs, fines, and restitution, and does not relate to any state tax liens, child or other support obligations, or other liens entered in favor of an individually named state agency, should such liens exist. 5. If the Court, after review of the relevant facts, decides a judgment and decree of foreclosure is proper, Defendant hereby consents to the entry of such decree. WHEREFORE, Defendant State of Iowa requests that the Court do the following: A. adjudicate the rights and privileges of the parties hereto; B, order that any proceeds from the sale of the property remaining after the satisfaction of the mortgage indebtedness and costs due to Plaintiff be distributed to the junior lienholders in accordance with their relative priority as established by law; C. and take such action as is necessary to recognize the State's interest in the subject property. Original filed electronically. Benjamin W. Hopkins (EDMS) By placing a true copy in a sealed envelope with postage fully prepaid and mailing same by regular U.S. mail at the addresses indicated: Dava L. Bryan 3417 South Jamie Lane Iowa City, IA 52240 Parties in Possession 3417 South Jamie Lane Iowa City, IA 52240 Unknown Spouse of Dava Bryan 3417 South Jamie Lane Iowa City, IA 52240 Joshua J. Wajda 4379 Berkeley Lane Iowa City, IA 52240 Discover Bank President or Officer 502 East Market Street Greenwood, DE 19950 1 RESPECTFULLY SUBMITTED, /s/ Lynn M. Rose Lynn M. Rose Assistant Johnson County Attorney Office of the Johnson County Attorney 500 South Clinton Street, 4`b Floor Iowa City, IA 52240 Phone: (319) 339-6100 Fax: (319) 339-6149 Iroseng.co.iohnson.ia.us ATAT0006697 ATTORNEYS FOR STATE OF IOWA PROOF OF SERVICE The undersigned certifies that the foregoing instrument was served upon the parties referenced below through the Court's EDMS system or other means as designated hereon on the 25'h day of September, 2019. By: /s/ Lynn Rose Barclays Bank - Delaware 100 West Street Wilmington, DE 19801 United States of America Secretary Department of Housing & Urban Development 451 7`s Street S.W. Washington, D.C. 20410 ✓City of Iowa City Office of the City Clerk 410 East Washington Street Iowa City, IA 52240 END OF CASE FILE