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HomeMy WebLinkAbout1993 Lawsuits — s - TME IOWA STATE BAR ASSOCIATION FOR THE LEGAL EFFECT OF THE USE Official Form No.301 OF THIS FORM,CONSULT YOUR LAWYER FPI t i. - 93 OCT -3 Pit 2: 18 THE IOWA DISTRICT COURT CITY CLERK IOWA CITY, IOWA JOHNSON COUNTY JAKE BABOX K, Plaintiff(s), LAw EQUITY ❑ No. 55227 vs. CITY OF IOWA CITY, ORIGINAL NOTICE Defendant(s). TO THE ABOVE-NAMED DEFENDANT(S): an Amended You are hereby notified that there iso ` on file in the office of the clerk of the above court Wpetition in the above-entitled action, a copy of whin is attached hereto. The plaintiff's(s') attorney ix William L. Meardon & Charles A. Meardon, MEARDON, SUEPPEL, DOWNER & HAYES whose address is 122 South Linn Street, Iowa City , Iowa 52240 You are further notified that unless, within 20 days after service of this original notice upon you, you serve, and within a reasonable time thereafter file a motion or answer, in the Iowa District Court for Johnson County, at the courthouse in Iowa City , Iowa, judgment by default will be rendered against you for the relief demanded in the petition as amended. (SEAL) (1-4/r/4/1/ /).`(4z4.O/1-0-1-idt.,..,, /1-l5 i o Lu t CLERK OF THE ABOVE COURT JOHNSON County Courthouse Iowa City , Iowa 52240 NOTE:The attorney who is expected to represent the defendant should be promptly advised by defendant of the service of this notice. T7he Iowa State Bar Association301 ORIGINAL NOTICE FOR PERSONAL SERVICE 1 g:\data\wp\cam\pleadings\babcock IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY JAKE BABCOCK, • *n Q Plaintiff, • NO. 55227 <_? cP r vs. •• AMENDED PETITION ,t , • CITY OF IOWA CITY, • ~ n�: Defendant. • y Plaintiff states: COMMON ALLEGATIONS 1. Plaintiff Jake Babcock is a resident of Hills, Johnson County, Iowa. 2 . Defendant City of Iowa City is a duly organized municipal corporation existing in the State of Iowa. 3 . Plaintiff was hired by defendant as a maintenance worker on or about August 1, 1974 . Throughout plaintiff's duration of employment with defendant, plaintiff's evaluations were good. 4 . From June, 1976, plaintiff served as the union steward for the American Federation of State, County and Municipal Employees ("AFSCME") , Local No. 183 . Plaintiff' s duties as union steward were to insure that the agreement between the Union and the City was followed, and also to represent employees facing disciplinary action, and to encourage non-members and new employees to join AFSCME. VA-101 \IMO! X310 81 :Z Wd 8- 100 C& of ,:_ 1 e� I ��nna 5. On or about April 4 , 1991 plaintiff�`W s, eXr tpd for 9 operating a motor vehicle while intoxicated, p� dC1��•f,en r�lse. MT Since his job involved driving a garbage truck, plaintiff1reAded a valid commercial driver's license (CDL) according to defendant 's job requirements. Although initially plaintiff was permitted to "walk" during the time he did not have a valid CDL, plaintiff was subsequently informed by defendant that he would no longer be able to work for defendant if he could not obtain a valid CDL. On or about August 26, 1991 plaintiff was given until November 1, 1991 to obtain a valid CDL. Beginning on or about August 30, 1991 plaintiff began to use his accrued vacation time and subsequently took a leave of absence without pay in an attempt to obtain a valid CDL. Defendant made no effort to re-assign plaintiff to any other department within its jurisdiction although requested to do so. 6. Plaintiff was unable to obtain a valid CDL and tendered an alleged voluntary resignation on or about October 22, 1991 . COUNT I. - WRONGFUL TERMINATION Plaintiff alleges paragraphs 1-6 above. 7 . Defendant took the actions stated above against plaintiff based on plaintiff's active participation in union activity, and the reasons for his constructive discharge (plaintiff' s job required a valid CDL) were a mere pretext for the actual reason for plaintiff's discharge. Accordingly, plaintiff' s constructive discharge was wrongful, and in violation of public policy. 2 8. As a direct and proximate result of plaintiff's wrongful discharge by defendant, plaintiff was damaged. 9. Plaintiff's damages exceed the jurisdictional amount set forth in Iowa Rule of Appellate Procedure 3 . WHEREFORE, plaintiff prays for judgment against defendant in an amount sufficient to compensate him for his damages, lawful interest and the costs of this action. MEARDO , SUEPP L, ,•_ ER & HAYES P.L.C. BY: //ill / /� i- ni i/., =a 000003619 BY: efeA-14"7 A 1• Charles A. Meardon 000009771 122 South Linn Street Iowa City, IA 52240 PHONE: 319/338-9222 ATTORNEYS FOR PLAINTIFF. 4..0 ES C') 0 7„F.C) a;-3 Z,5>_ --Ii a .....-C. (-) ,, C!" -p zsrn va 3 - dd '+ea as]I�rn g:\data\wp\cam\pleadings\babcock !1 `-''U T -g /H 9: 27 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY , ; rai l( Gr ,,,'a � 0 JAKE BABCOCK, ,J j,';'" ',r C MT >; i lLj Plaintiff, : NO. 55227 vs. • JURY DEMAND CITY OF IOWA CITY, : Defendant. Plaintiff herein demands that the issues in this cause be tried to a jury. MEARDON SUEPPEL, D. ER & HAYES P.L.C. ,/ BY: /'< . A ��' ''`'illi-p L. ft? • fp � 000003619 BY: 1. // // / Charles A. Meardon 000009771 122 South Linn Street Iowa City, IA 52240 PHONE: 319/338-9222 ccD-- c- 79ATTORNEYS FOR PLAINTIFF. 1 --tc-a z<f— -0 I. 7'i ---r- �-.-rmt O IN) ,-..; W THE IOWA STATE BAR ASSOCIATION FOR THE LEGAL EFFECT OF THE USE Official Form No.301 OF THIS FORM,CONSULT YOUR LAWYER GJ THE IOWA DISTRICT COURT *c-) o ' JOHNSON COUNTY fir'` _ t 3 rri JAKE BABCOCK, o G? o co Plaintiff(s), LAW EQUITY El No. S 2 2;1 vs. CITY OF IOWA CITY, ORIGINAL NOTICE Defendant(s). TO THE ABOVE-NAMED DEFENDANT(S): You are hereby notified that there is now on file in the office of the clerk of the above court a petition in the above-entitled action, a copy of which petition is attached hereto. The plaintiff's(s') attorneNti William L. Meardon & Charles A. Meardon, MEARDON, SUEPPEL, DOWNER & HAYES, whose address is 122 South Linn Street, Iowa City Iowa 52240 You are further notified that unless, within 20 days after service of this original notice upon you, you serve, and within a reasonable time thereafter file a motion or answer, in the Iowa District Court for Johnson County, at the courthouse in Iowa City , Iowa, judgment by default will be rendered against you for the relief demanded in the petition. (SEAL) Clitn i���'L �� �/s i�►uc CLERK OF THE ABOVE COURT JOHNSON County Courthouse Iowa City Iowa 52240 NOTE:The attorney who is expected to represent the defendant should be promptly advised by defendant of the service of this notice. The Iowa State Bar Association 301 ORIGINAL NOTICE FOR PERSONAL SERVICE 1 r • g:\data\wp\cam\pleadings\babcock 4-0 GS C O IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COj1NTY . .� JAKE BABCOCK, : -<r- -v Plaintiff, NO. 552Z.'-7C' CD =" ` f co VS. • • PETITION 1n CITY OF IOWA CITY, • r- r c2-1M^ Defendant. : !v 1 Plaintiff states: y COMMON ALLEGATIONS 1. Plaintiff Jake Babcock is a resident of Hills, Johnson County, Iowa. 2 . Defendant City of Iowa City is a duly organized municipal corporation existing in the State of Iowa. 3 . Plaintiff was hired by defendant as a maintenance worker on or about August 1, 1974. Throughout plaintiff's duration of employment with defendant, plaintiff's evaluations were good. 4 . From June, 1976, plaintiff served as the union steward for the American Federation of State, County and Municipal Employees ("AFSCME") , Local No. 183 . Plaintiff's duties as union steward were to insure that the agreement between the Union and the City was followed, and also to represent employees facing disciplinary action, and to encourage non-members and new employees to join AFSCME. w 0 0 C7 n �-;1 --1 3 5. On or about April 4, 1991 plaintiff was arrested for operating a motor vehicle while intoxicated, second bfbl'lse. ` Since his job involved driving a garbage truck, plaintiff needed a valid commercial driver's license (CDL) according to defendant's job requirements. Although initially plaintiff was permitted to "walk" during the time he did not have a valid CDL, plaintiff was subsequently informed by defendant that he would no longer be able to work for defendant if he could not obtain a valid CDL. On or about August 26, 1991 plaintiff was given until November 1, 1991 to obtain a valid CDL. Beginning on or about August 30, 1991 plaintiff began to use his accrued vacation time and subsequently took a leave of absence without pay in an attempt to obtain a valid CDL. Defendant made no effort to re-assign plaintiff to any other department within its jurisdiction although requested to do so. 6. Plaintiff was unable to obtain a valid CDL and tendered an alleged voluntary resignation on or about October 22, 1991. COUNT I. - WRONGFUL TERMINATION Plaintiff alleges paragraphs 1-6 above. 7. Defendant took the actions stated above against plaintiff based on plaintiff 's active participation in union activity, and the reasons for his constructive discharge (plaintiff's job required a valid CDL) were a mere pretext for the actual reason for plaintiff's discharge. Accordingly, plaintiff' s constructive discharge was wrongful, and in violation of public policy. 2 8. As a direct and proximate result of plaintiff's wrongful discharge by defendant, plaintiff was damaged. 9. Plaintiff's damages exceed the jurisdictional amount set forth in Iowa Rule of Appellate Procedure 3 . WHEREFORE, plaintiff prays for judgment against defendant in an amount sufficient to compensate him for his damages, lawful interest and the costs of this action. COUNT II. - PUNITIVE DAMAGES Plaintiff realleges paragraphs 1-9 above. 10. Defendant's actions toward plaintiff were willful, wanton and in reckless disregard for plaintiff's rights. Defendant's actions were directed at plaintiff. 11. Punitive damages should be awarded against defendant to deter such conduct in the future. WHEREFORE, plaintiff prays for judgment against defendant in an amount sufficient to deter defendant from such conduct in the future. MEARDON SUEPP , D. • & HAYES P.L.C. BY: [. :J.d/. . /. �// W 11 :�� 'ear�� ' ' 0/0003619 u0 (Signatures continued) o co c3 `Q n1 ' f 3 :</-- CJ=7 1: = Ld O LO BY: ./U14 A. Charles A. Mear•on 00000. 71 122 South Linn Street Iowa City, IA 52240 PHONE: 319/338-9222 ATTORNEYS FOR PLAINTIFF. QD CD x C"� raj >7 - 4 al -I CD U Mi O t0 4 g:\data\wp\cam\pleadings\babeock IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY JAKE BABCOCK, : Plaintiff, • NO. 5 SZz-/ vs. JURY DEMAND CITY OF IOWA CITY, : Defendant. ti Plaintiff herein demands that the issues in this cause tried to a jury. 't' MEARDON, -sEPPEL, DO ER & HAYES P.L.C. BY: , a'1 L. F-'7' :"rr / 000003619 BY: I !� 1 // ././.4.• L'/ Charles A. Meardon 000009771 122 South Linn Street Iowa City, IA 52240 PHONE: 319/338-9222 ATTORNEYS FOR PLAINTIFF. END OF CASE FILE IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY STATE OF IOWA, ex rel. , ) IOWA DEPARTMENT OF ) NATURAL RESOURCES, 99AG23542 ) LAW NO. „,„6-4/62•2,-- ) 4/6 2•2,-- Plaintiff, ) vs . ) CITY OF IOWA CITY, ) ACKNOWLEDGMENT OF SERVICE Defendant. ) The undersigned, attorney for the City of Iowa City acknowledges receipt and acceptance of the original notices and copies of the petition in the above-captioned case on behalf of the above-listed defendant. LIN NEWMAN GENTRY Doo Do 64 5-- City `City Attorney City of Iowa City Civic Center 410 E. Washington Street Iowa City, Iowa 52240 Telephone: (319 ) 356-5000 ATTORNEY FOR DEFENDANT S GO S- 83.1 OS ,Fe C._y 4 it ..A END OF CASE FILE IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY STATE OF IOWA, ex rel . , ) IOWA DEPARTMENT OF ) NATURAL RESOURCES, 99AG23542 ) LAW NO. 54-ve7 Z— Plaintiff, ) ) ORIGINAL NOTICE vs . ) CITY OF IOWA CITY, ) Defendant. ) TO THE ABOVE-NAMED DEFENDANT: City of Iowa City You are hereby notified that there is now on file in the office of the Clerk of the above Court, a petition in the above- entitled action, a copy of which petition is attached hereto. The Plaintiff's attorney is Timothy D. Benton, Assistant Attorney General, whose address is Iowa Department of Justice, Hoover Building, Des Moines, Iowa, 50319 . You are further notified that unless, within twenty ( 20 ) days after service of this original notice upon you, you serve, and within a reasonable time thereafter file, a motion or answer, in the Iowa District Court for Johnson County, at the county courthouse in Iowa City, Iowa, judgment by default will be rendered against you for the relief demanded in the petition. Clerk of the above Court Johnson County Courthouse Iowa City, Iowa NOTE: The attorney who is expected to represent the defendant should be promptly advised by defendant of the service of this notice. IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY STATE OF IOWA, ex rel. , ) IOWA DEPARTMENT OF ) NATURAL RESOURCES, 99AG23542 ) LAW NO. 54//7t- ) 4/i?t- +, , Plaintiff, ) vs. ) CITY OF IOWA CITY, ) PETITION AT LAW Defendant. ) COUNT I COMES NOW Plaintiff State of Iowa, ex rel. , Iowa Department of Natural Resources (DNR) and for its claim against Defendant City of Iowa City states: 1 . The State of Iowa is a sovereign state of the United States of America and brings this action on behalf of the DNR, a duly constituted agency of the State of Iowa pursuant to Iowa Code § 455A.2. 2 . The City of Iowa City operates the Iowa City Landfill on land owned by the city in the E 1\2 of Section 14, T79N, R7W, in Johnson County, Iowa. The Iowa City Landfill is a sanitary disposal project as defined in Iowa Code § 455B. 301 for which sanitary disposal project Permit No. 52-SDP-1-72P has been issued by the DNR. 3. On May 2, 1989, the DNR issued Administrative Order No. 89-SW-13 to the defendant. Administrative Order No. 89-SW-13 ordered the defendant to cover all solid waste at the site described in paragraph two ( 2) above with a compacted layer of at least six inches of earth after each day of operation, that the defendant collect and store in covered leak proof containers all litter strewn beyond the operating area, and that the defendant establish drainage facilities to prevent soil erosion. A copy of this Administrative Order is attached hereto as Exhibit A and by this reference incorporated herein. 4 . On August 10, 1989, DNR staff inspected the site described in paragraph two (2 ) above and observed a significant amount of litter throughout the site. A Notice of Violation was sent to the defendant. 5. On March 20, 1990, DNR staff inspected the site described in paragraph two (2) above, and observed erosion on a portion of Lhe site, and litter in the southeast portion of the landfill, in the creek, and in adjacent trees . A Notice of Violation was sent to the defendant. 6 . On March 21, 1991, DNR staff inspected the site described in paragraph two (2) above and observed erosion at several locations and litter in and along the creek and on neighboring property. A Notice of Violation was sent to the defendant for failure to comply with the Administrative Order. 7 . On January 24, 1992, DNR staff inspected the site described in paragraph two (2) above and observed that the drainage way and hillside were covered with litter, and erosion was occurring on the east face of the site. 8 . The defendant has violated Administrative Order No. 89- SW-13 and 567 IAC §§ 103 . 3(2) (b) and 103 .2(2) (h) by failing to 2 cover all solid waste at the site described in paragraph two (2) above with a compacted layer of at least six inches of earth after each day of operation, by failing to collect litter strewn beyond the operating area, and by failing to prevent soil erosion. 9 . Iowa Code § 455B.307 (3) provides in pertinent part that any person violating any provision of part 1 of Division IV of chapter 455B or any rule or any order adopted pursuant to that chapter shall be subject to a civil penalty for each day of violation not to exceed the maximum penalty set forth in the statute, which exceeds the jurisdictional amount required to bring an action in this court. WHEREFORE, Plaintiff respectfully requests that the Court assess a civil penalty against Defendant City of Iowa City not to exceed the statutory maximum pursuant to Iowa Code § 455B.307 (3) for each day of violation of AdministrativelOrder No. 89-SW-13 and 567 IAC §§ 103.3(2) (b) and 103 . 2(2) (h) . Plaintiff further requests that the Court tax the costs of this action to the defendant and provide such other relief as the Court may deem just and proper. COUNT II COMES NOW Plaintiff State of Iowa, ex iel. , Iowa Department of Natural Resources (DNR) and for its claim against Defendant City of Iowa City states: 3 • 1 . Plaintiff hereby repleads paragraphs one (1) through eight (8 ) of Count I by this reference as if each paragraph was fully set forth herein. 2. Plaintiff is authorized under Iowa Code § 4558. 307 (2) to seek injunctive relief . 3 . A permanent injunction should issue enjoining the defendant from further violations of Administrative Order No. 89- SW-13 and 567 IAC §§ 103 . 3 ( 2 ) (b) and 103 . 2(2) (h) . WHEREFORE, Plaintiff respectfully requests that the Court issue a permanent injunction enjoining Defendant City of Iowa City from further violations of Administrative Order No. 89-SW-13 and 567 IAC §§ 103 . 3( 2) (b) and 103 . 2 (2) (h) . Plaintiff further requests that the Court tax the costs of this action to the defendant and for such other relief as the Court deems just and proper. Respectfully submitted, BONNIE J. CAMPBELL Attorney General of Iowa DAVID R. SHERIDAN Assistant Attorney General ‘cilvise &' TIMOTHY D. EENTON, 481-64-5689 Assistant Attorney General Executive Hills East 1223 East Court Avenue Des Moines, Iowa 50319 Tel. (515 ) 281-5351 FAX (515) 242-6072 ATTORNEYS FOR PLAINTIFF 4 IOWA DEPARTMENT OF NATURAL RESOURCES ADMINISTRATIVE ORDER IN THE MATTER OF: ADMINISTRATIVE ORDER Iowa City Sanitary Landfill NO. 89-SW-/3 Facility No. 52-SDP-1-72P TO: City of Iowa City d/b/a Iowa City Sanitary Landfill c/o Marian Karr, City Clerk Civic Center - 410 East Washington Street Iowa City, Iowa 52240 I. SUMMARY This order requires you to cover all solid waste after each day of operation with a compacted layer of at least six inches of earth, collect and store in a covered container all litter strewn beyond the operating area and to pay an administrative penalty of $600. II . JURISDICTION This order is issued pursuant to Iowa Code section 4558. 307 (2 ) which authorizes the director to issue any order necessary to secure compliance with or prevent a violation of Iowa Code sections 4558. 301 through 4558. 308 or the rules promulgated pursuant thereto, and Iowa Code section 4558. 109 and Chapter 567--10 (455B) Iowa Administrative Code which authorizes the director to assess administrative penalties. III . STATEMENT OF FACTS 1. The city of Iowa City operates the Iowa City Sanitary Landfill on land owned by the city and located in the EZ of Section 14, T79N, R7W, in Johnson County, EXHIBIT-L. PAGES OFA Iowa. It is a sanitary disposal project as defined in Iowa Code section 455B. 301 and for which sanitary disposal project permit f52-SDP-1-72P has been issued by the department pursuant to Rule 567 IAC 102 .2(1 ) . 2 . A department inspection on April 15, 1988 disclosed erosion trenches along the east facing slope of FY' 83 as well as uncovered solid waste in the wet weather fill area at the east end of FY' 86 and adjacent to the north-south access road. Wind-blown litter was also noted in the southeast area of the landfill along the south fence and stream bed, as well as the eastern side of the north-south access road. Notification was given to the city regarding these deficiencies. 3 . A DNR inspection on August 24, 1988 disclosed wind-blown litter observed alongg the het snow fencenDailylng the access road leading to cover was a mixture of refuse and earth in the area between the current fill area and the access road to the east. 4. On December 5, 1988 DNR inspectors noted exposed waste in the wet weather fill area of FY' 86 and erosion was noted on the east and south slopes of the completed area. Litter was also observed along the east snow fence and the east boundary fence . Photographs were taken of the failure of daily cover at this inspection. IV. CONCLUSIONS OF LAW 1 . Iowa Code section 455B.304 provides for the commission to establish rules governing the general operation and maintenance of sanitary waste disposal projects. 2 . That pursuant to section 455B. 304, department rule 567 IAC 103 . 3 (2 )b requires that solid waste be covered after each day of operation with a compacted layer of at least six inches of earth. 3 . That the Iowa City Sanitary Landfill in the operation of the said landfill is subject to department rules contained in department rule 567 IAC Chapters 102, 103 and 10. EXHIBITS- PAGE.s. OFA 2 4. That rule 567 IAC 101 . 13 (2 ) requires that litter be confined to the landfill property and any strewn beyond the confines of the operating area be collected at the end of each day of operation. 5 . That the Iowa City Sanitary Landfill is in violation of department rule 567 IAC 103 . 3(2)b; and 102 . 13(2 ) . V. ORDER THEREFORE, Iowa City Sanitary Landfill is hereby ordered to do the following: 1 . All solid waste at the site shall be covered after each day of operation with a compacted layer of at least six inches of earth. 2 . All windblown litter that is strewn beyond the confines of the operating area or adjacent area shall be collected at the end of each day of operation and stored in covered leak proof containers or properly disposed. 3 . Provide necessary drainage facilities to prevent soil erosion. VI_ PENALTY 1 . Pursuant to Iowa Code section 455B. 109, the Environmental Protection Commission is authorized to establish, by rule, a schedule of civil penalties which may be assessed administratively. The Commission has adopted this schedule with procedures and criteria for assessment of penalties; Chapter 567--10 of the Iowa Administrative Code (IAC) . 2 . In addition, the Iowa legislature has authorized, pursuant to Iowa Code section 455B. 307(3 ) , the assessment of a civil penalty not to exceed $500 per day per violation of any order, permit or rule of the Commission. 3 . A penalty of $600 is hereby assessed in accordance with Chapter 567--10 ( IAC) and shall be paid to the De- partment within 60 days of receipt of this order. This penalty is assessed for April 15, 1988, August 24, 1988 and December 5, 1988. . EXHIBITS- PAGE_ OF-. 3 r 4. The administrative penalty assessed herein is com- puted as follows: Economic Benefit - The repeated daily cover violations within the last year together with the neglect of the wind-blown litter problem, are convenient cost-savings activities of the landfill. These violations are of an unwillingness to expend the necessary fuel, labor and engineering costs necessary to comply with the permit and rules and results in economic savings of approxi- mately $300. $300 is assessed under this factor. Gravity of the Violation - The importance of daily cover cannot be stressed too much as it is intended to remove access to the waste from vectors and scavengers and is intended to prevent fires from spreading to the previous day' s waste. It is also intended to minimize the precipitation access to the waste and to help control leachate and ponding. Failure to do these results in leachate and other landfill problems including ponding and litter. $150 is assessed for this factor. Culpability - The daily cover violations and litter violations are obviously deliberate and come after prior warnings. The city is in full control of these violations. $150 is assessed for this factor. VII . APPEAL RIGHTS Pursuant to Iowa Code section 455B. 138, and 561--7 . 5 (1) , Iowa Administrative Code, a written Notice of Appeal to the Environmental Protection Commission may be filed within 30 days of issuance of this Order. The Notice of Appeal should be filed with the Director of the department, and must identify the specific portion or portions of this order being appealed and include a short and plain statement of the reasons for appeal. A contested case hearing will then be commenced pursuant to Iowa Code Chapter 17A and Chapter 567--7, Iowa Administrative Code. EXHIBIT PAGE. . OL ... 4 VIII. NONCOMPLIANCE Failure to comply with this order may result in the imposition of further administrative penalties by the Director or the referral of this matter to the Attorney General who will institute any legal proceedings neces- sary to obtain compliance, including penalties, pursuant to Iowa Code section 455B. 308. Any questions regarding this order may be directed to : Victor N. Kennedy Legal Services Iowa Department of Natural Resources Henry A. Wallace Building 900 East Grand Avenue Des Moines, IA 50319-0034 515/281-8889 `�� Dated this day J. WILSON, DIRECTOR of April, 1989 DEPARTMENT OF NATURAL RESOURCES ( ,70,CIS/I A:VNK-2 . 097/rgSENDER: Complete Items 1 and 2 when additional services are desired, and complete Items •end 4. ' Space on the reverse side. Failure to do this will prevent ti of Put your address In the"RETURN TD' services ore available. Cons' card from being returned to you. he ort additional fees athe ifollowing ou the name ie t e�e� dll dt dth d t of da_ as for additional servicels) requested.Restricted Delivery postmaster for fees end check bogies) and eddy essee's address. 1(Extra chd Delivery 1. 0 Show to whom (Extra NrarBd 1 4. Article Number r i I 3. Article Addressed to: 5 O Y I City of Iowa City d/b/a Iowa City Sanitary Landfill D R D insured of Service: Registered 0 COD c/o Marian Karr, City Clerk 71 Certified Civic Center- 410 E. Washington St. 0 Express n ail Iowa City, IA 52240Always oh in signature of addressee or agent and DATEDATE Dom• • 8. Addressee's Address(ONLY if requested and fee paid) I 6. Signa • a• " / , On • DOMESTIC RETU2 l PS Form 3811, Mar.1987 . S. P.O...T :R6a. ) A I S. C 9hA 5 END OF CASE FILE IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY FIRST NATIONAL BANK, ) Iowa City, Iowa, ) (42-0252720) ) Plaintiff, ) No. 54974 v. ) ORIGINAL NOTICE DANIEL SONGGER, ) (553-69-5782) ) THE CITY OF IOWA CITY, IOWA, ) 8110 CORWIN KRUSE, ) 10 CHRISTIANNE GAFFNEY, and ) c-3 co JOHNSON COUNTY, IOWA, ) p`-i Defendants. ) , <rn 3 4 [J N TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that there is now on file in the office of the Clerk of the above-named court, a Petition and amendments thereto in the above-entitled action, which Petition and amendments pray for foreclosure of real estate mortgage, a copy of which Petition is attached hereto. The Plaintiff's attorney is C. Peter Hayek, whose address is Bremer Building, 12011 East Washington Street, Iowa City, Iowa 52240. You are further notified that unless, within 20 days after service of this original notice upon you, you serve, and within a reasonable time thereafter file, a motion or answer, in the Iowa District Court for Johnson County, at the county courthouse in Iowa City, Iowa, judgment by default will be rendered against you for the relief demanded in this Petition. EDWARD F. STEINBRECH, Clerk of the abov- Court __ itiliBy i�► ' , Deputy Johnso ounty Cot#.thouse Iowa 'ty, Iowa 52240 NOTE: The attorney who is expected to represent the Defendants should be promptly advised by Defendants of the service of this notice. r i rr ' , ) IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON _ COUNT� ' II C. P1l 3. 53 FIRST NATIONAL BANK, ) ; , r IOWA CITY, IOWA, ) (42-0252720) ) Plaintiff, ) No. Lb 0 CO ZE v. ) 3>= �-moD o "TiPETITION FOR FORECLOSURC t ) DANIEL SONGGER, ) 171c,(553-69-5782) ) ::.<m mc i t Defendant. D N NOTICE Q► • THE PLAINTIFF HAS ELpCTTD rMORTGAGEDEPROPERTY WILLWITHOUT MOCCUR• THIS MEANS THAT THE SALE OF HE COURT PROMPTLY AFTER ENTRY OF JUDGMENT UNIFSY�S OFILELA WRITTENTHE DEMAND,A WRITTEN DEMAND TO DELAY THE SALE. THE SALE WILL BE DELAYED UNTIL TWELVE MONTHS (or SIX MONTHS if d the petition includes a waiver of deficiency judgment) FROM EIS A NTRY OF JUDGMENT IF TIIE MORTGAGED PROPERTY UNTIL TWORMONTHSCFROMAND ENTRY ONE-FAMILY OR TWO-FAMILY DWELLING OF THE JUDGMENT IF THE MOROTAGAED ONEROPETY IS NOT YOUFAMILY OR TWO-I,.AMILYEDWELLING. SIDENCE OR IS YOUR RESIDENCE BUT NTHE YOU WILL HAVE NO SALERIGHT WILLRL BEEENTITLEDDEMPTION FTORIMMEDIATE THE •POSSESSION OF PURCHASER AT THE SALE THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. IF YOU DO NOT FILE A WTEN EMAND TO RESDDENCE ANDDISAA ONE-FAMILY THE SALE THE MORTGAGED PROPERTY IS YOUR TWO-FAMILY DWELLING, TIFNYOUDDOIFILECY A WRDTTENTDEMANDNOT TO DELAY ENTERED AL AGAINST YOU. THE SALE, THEN A DEFICIENCY JUDGMENT THE MORTGAGEDTPROPERTYIARE NST YOU IF THE PROCEEDS FROM THE SALE INSUFFICIENT TO SATISFY THE AMOUNT OF THE MORTGAGE DEBT AND COSTS . A IF T1IE MORTGAGED ODWELLING,NOT THENYOUR DEFICIENCY OJUDGMENTNOT MAY ONE-FAMILY OR TWO-FAMILY BE ENTERED AGAINST YOU WHETHER OR NOT YOU FILE A WRITTEN DEMAND TO DELAY THE SALE. COMES NOW Plaintiff, and in support of this Petition for Foreclosure, states as follows: 1 . Defendant and all interested persons are referred to the Notice given above, which Notice is pursuant to Section -2- 654. 20 of the Code of Iowa, as amended. The provisions of that Notice are incorporated here by reference. 2. Plaintiff is a banking association organized under the e laws of the United States of America and the State of IoM, w�h 071 al place of business in Iowa City, Johnson C ,Q its principal -C rCm 3 Iowa. g 3. Defendant, Daniel Songger, is a resident of Joniv ON County, Iowa+. 4. Defendant is the equitable titleholder by virtue of real estate contract purchases of the following described real estate situated in Johnson County, Iowa, to-wit: 335 S. Johnson (Book 498, Page 211) Commencing at a point on the west line62 of ffet Johnson Street in Iowa City, r south of the northeast corner of Outlot 26 in Iowa City, Iowa, according recorded thence plat thereof, thence south 53 feet, west 106 feet, thence south 20 feet, thence thence west 44 feet, thence north 45 feet, thence east 65 feet, thence north 28 feet, east 85 feet to the place of beginning. AND Commencing at a point on the west estsline on eoof Johnson Street in Iowa City, unty, Iowa, 362 feet south of the northeast corner of Outlot 26, Original Town of Iowa City, Iowa, according to the recorded plat thereof; thence west 85 feet to the point of beginning; thence continuing west 65 feet; thencce south 28 north 28 feet, htothe epoint of est 65 feet; then beginning. 10 N. Johnson (Book 1015, Page 387 ) Commencing at a point 70 feet north of the southwest corner of Lot 5 in Block 25 in Iowa City, Iowa, according to the plat thereof recorded in Book 1, Page 116, Plat Records of Johnson County, Iowa; thence east 80 feet to -3- the east line of said lot; thence north 40 feet; thence west 80 feet to the west line of said lot; thence south 40 feet to the place of beginning. 5 . On or about November 19, 1992, Defendant executed and delivered to Plaintiff, a written promissory note in the original principal amount of $23 , 500 .00, with interest as provided therein, a copy of which note is marked Exhibit "A" , attached hereto, and incorporated herein by reference. Defendant executed 6 . On or about October 20, 1992, o ivered to Plaintiff a written promissory note in thi a®. de l c -< principal amount of $8 ,000 .00, with interest as provide3 �hereiri., p -a p �'and� �� �� attached he�.w a copy of which note is marked Exhibit B � y, N incorporated herein by reference. O' 7 . As security for the promissory notes referred to in the preceding paragraphs, as well as for certain other indebtedness of Defendant to Plaintiff, Defendant made, executed and delivered to Plaintiff an Assignment, assigning to Plaintiff all interest of Defendant in the above described real estate. A copy of that Assignment is marked Exhibit "C" , attached hereto, and incorporated herein by reference. 8 . The Assignment represented by Exhibit "C" and referred to in a preceding paragraph, was recorded December 21, 1989, in Book 1096, Page 566, in the Records of the Johnson County Recorder's Office. 9. The promissory note referred to in a preceding paragraph as Exhibit "A" , was by its terms and by way of -4- additional extensions, due and payable in full on April 19 , 1993 . The promissory note referred to in a preceding paragraph as Exhibit "B" , was by its terms payable in full, including extensions, on April 20 , 1993 . Defendant has failed to pay either note when those notes became due, and has failed to do so ayme forpof e after demand being made upon him by Plaintiffcn obligations. 10 . P10_ntiff is the owner and holder of the promiry d preceding paragraph as Exhibits ' �artd rte' notes referred to in a y v "B" , and the Assignment referred to as Exhibit "C" . 11. As of May 19, 1993 , with respect to the $23 , 500 .00 note, there was due and owing the principal balance of $19,805 . 20, together with interest thereon at the rate of 10 .75% per annum from and after May 19 , 1993, until paid. With respect to the $8,000 . 00 promissory note, as of May 13 , 1993 , there was a total sum due and owing of $8, 193 . 20, including interest, plus interest from and after May 13, 1993, on the principal balance of $8,000 .00, at the rate of 10 . 75% per annum. 12 . The promissory notes, Exhibits "A" and "B" , provide for attorney's fees in case of suit thereon. An Affidavit of Attorney's Fees is marked Exhibit "D" , attached hereto, and incorporated herein by reference. 13 . In addition to attorney's fees, both promissory notes, subject of this lawsuit, include Defendant's agreement to pay all costs of collection. Included in those costs would be any -5- abstract of title work, judgment lien search expenses, Court costs, and service fees. 14. Plaintiff affirmatively states that Defendant does not reside on the premises subject of this action. 15 . As Plaintiff does not have access to the abstracts of title for the real estate subject of this Petition, Plaintiff is unable, at this time, to determine the identity of any prior or any subseque1t liens or encumbrances against the real estate subject of this Petition. Plaintiff intends to obtain an a propriate judgment lien search subsequent to the filing of this P Petition and amend the Petition appropriately based upon the results of those searches. , 16. Plaintiff seeks judgment personally against Defendant for the total sum due and owing by Defendant to Plaintiff . 0 escribed herein, and in rem against the real estate su 'fit Col •. d c-y_r this Petition. —C) -'1 rC r WHEREFORE, Plaintiff prays for judgment against tlC 5? w j741 84 Defendant Daniel Songger, in the total principal amounf J i $27, 805 . 20, plus interest on the principal sum of $8 ,000 .00 at the rate of 10 . 75% per annum from and after October 20, 1992, until paid; and with interest on the principal sum of $19 , 805 .20, at the rate of 10 . 75% per annum, from and after May 19, 1993, until paid, as well as for the costs and expenses of this action, including attorney's fees, any title search or abstracting, and any other expenses as provided by law and as provided by the -6- promissory notes. Plaintiff further prays that the lien of its Assignment and judgment described above be established and confirmed as a first and paramount lien on the real estate subject of this Petition, described below, subject to, of course, the title interests of the contract vendors: 335 S. Johnson (Book 498, Page 211) Commencing at a point on the west line of Iowa, 362 fut ' Johnson Street in Iowa City, ' south of the northeast corner of OutlotIiic4nco Iowa City, Iowa, according to the record plat thereof, thence south 53 feet, them-< I m west 106 feet, thence south 20 feet, tthec'� thence north 45 feet, rn west 44 feet, •-�;, east 65 feet, thence north 28 feet, then east 85 feet to the place of beginning. ' N- AND Commencing at a point on the west line of Johnson Street in Iowa City, Johnson County, Iowa, 362 feet south of the northeast corner of Outlot 26, Original Town of Iowa City, Iowa, according to the recorded plat thereof; thence west 85 feet to the point of beginning; thence continuing west 65 feet; thence south 28 feet; thence east 65 feet; thence north 28 feet to the point of beginning. 10 N. Johnson (Book 1015, Page 387 ) Commencing at a point 70 feet north of the southwest corner of Lot 5 in Block 25 in Iowa City, Iowa, according to the plat tthereof of recorded in Book 1, Page 116, Johnson County, Iowa; thence east 80 feet to the east line of said lot; thence north 40 feet; thence west 80 feet to the west line of said lot; thence south 40 feet to the place of beginning. Plaintiff further prays that this Assignment be foreclosed against all subsequent liens and encumbrances against the real estate which may be identified in an amended Petition, and that -7- the holders of those subsequent liens and encumbrances be estopped from asserting any right, title or interest in the property and that a special execution issue for the sale of the property promptly after entry of judgment, pursuant to the provisions of Section 654.22 of the Code of Iowa as amended, unless a demand for delay of sale is filed pursuant to Section 654. 21 of the Code of Iowa as amended, in which event the sale shall be held promptly after the expiration of two months from the entry of judgment, and that the Court direct the Sheeriff o the deliver immediately to the purchaser at sale a deed andn and tha�� w�.t purchaser immediate possession of the property, fir.. -10 r:Tii of possession be issued to put such grantee in immediatsS'r'i � ca N possession of the entire premises. Plaintiff further prays that Plaintiff have a deficiency judgment against Defendant personally for any deficiency resulting from the Sheriff 's sale, all as provided in Chapter 654 of the Code of Iowa. Further, that General Execution then be issued with respect to collection of the deficiency judgment. Plaintiff further requests general equitable relief from the Court. C. peter ayek 1 000-00- Hayek, Hayek & Brown Bremer Building 1201 East Washington Street Iowa City, Iowa 52240 . (319) 337-9606 . ATTORNEY FOR PLAINTIFF. -8- VERIFICATION I, Russ Scott, being first duly sworn on oath depose and state that I am a Vice President of Plaintiff; that I am familiar with the facts and circumstances of the above-described matter; stated that I have read the foregoing Petition and that the facts d an g therein are true and correct to the best of my knowledge c,l wri belief. • 411 3�"=a -4r- " Russ Scott 0 t:? STATE OF IOWA ) SS: JOHNSON COUNTY ) a 1993, before On this 2LoIhdaY of May, me, the undersigned,personally appeared Notary Public in and for the kIowa thepidentical person Russ Scott, to me personally nown to be named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. OFFICIAL KELLY Not. Public in a ,• for . .�""�. JO0{ KELLY State of Iowa � F Notary Public-laws 0. 150976 My Comm.Exp.April 6,1995 IaUse lit uIUtproW eanslIxsshoss.k:rxrrrxr.:N.I.x0I.4Ili..iJl.rrI yxtfl.•w.s ..-....._. .__.- , or( skr+Wle Mdrnna Nurss In rrU,uJrnllrw.t. - ------ Ai i iiF l f IXLU RAZE NO11. f1hME 1UJI7•T(�7Z 1S,_.!')�.• •V:17501.111 _--- ONE 11kHti L gi•X :11 -- 1>IrF.UAIE — --- ` NIM 11'Jyt1WL\ lar. ]ons t• E A • NI MIt:R 3 11x1111::—... - .. 4130-989-'9 --- — - PURPOS -. _— —epi,TAxr!t 11Mns�?f plc Litt r�rt__.. PROMISSORY NOTE FOR VALUE RECEIVED the undersigned Jointly and severally.as principals,promise to pay to the order of I Ihls note. the princlpal Burn nl 1tIil 'i NATIONAL! II.�lllr, Irmvn.C( __I4Y10. _____- - --—` al IIs p II^cr pat place of business,or at such other place as,���a tee,esig tated ro lime ics to,lime by rthe�holder of th F• ote.1h'r :pita'ti��'�f5htl.nnf LId111S1']yIIV.a 111C1I1`">NA i?tVl IQI'1J 7) �f1) ITV I XY )per annum on the balance (S 0,500.00 )with interest to maturity al the rale of--._I11,.r':ripercent(__1:1501.75',....___------._ . ___.— liy r fault al he rale remalning from lime to time unpaid to be paid air 1 P'abovou�ellcaled due date for aslfo�owp�__.__._...___---.------- --- ---- --- per annum;sold principal and Interest 1i11MI AQ '.S '1D Pa M1.111C IPAI, .III Illi; MUTT (Y' i23,500.1Y3 rim mum Iii( I lm-ag ___0, 199-) ---- • equal payments of S._______each and one final Installment of S_ t9 ' or In ,day of—._— -----" all payable on the same day of each successive month beginning on the with any then remaining principal balance and Interest due on maturity,each such payment to be applied first in payment of Interest due on the unpaid principal and the remainder In reduction of the principal. (Check If Urn addition to the above.If the Iink let Ions nal lecelved the kill art it nil it al any sc:hc'r irdni I l as additionalmlinterest 01 applicable) calendar days after the due dale.Debtor shall pay S-erforrn anV covAnc,nl,hrornhe or condition oother only,nhllOnllnn or If default h mode In the pr 11 4I of Iilleoii nolo,oro it Iisncur lolls to n agreement notice Iho Iopil r,or if ie 1%0(ltr all Ills Itole.11 lrind llrtnletrpul II le Alrinlpril(III' I)U all11 :Ile coststiof c ullocitoti.InclucIinlg attorney lees. Failure o lite oelop of Iho It to exercise these options shall not constitute a waiver of Iho right to declare the entire princlpal amount of Ihls note and Interest I)peon due and payable al once at any subsequent Ilene. lder,or holder this note secured y all araln or of future security interests and payment contained In security accelerated according g to any of them.he Eh older may,waker(s) and ith out notice or mount id er Is note. el anysetoffendorser,surely r guarantor demand, t againsteanyliability bility of any maker,endorser, surely torruler owed guarantor, then olderrsmay, without ned by leo nonr any ce, renew or eaxtenddth ellime for Wll nt, affecting 11)e Ila Y Is payment, ma accept pedal payments, release or agreesair ony lthat the holder Is security fired to first he resort forent of )is nole pymenttragree not to any collateral. Presentment, any party liable. Any maker,endorser. V Presenlmenl,demand.protest,notice and diligence In bringing salt against any party are hereby waived by all persons signatory hereto.either as makers,endorsers,surelles or guarantors. • Maker represents and warrants that the extension of credit evidenced by this note Is for business,commercial or agricultural.purposes,or Is to an organization. the security agreemenl(s)by which this note Is secured Include,but are not limited lo,security agreernent(s)dated:_02/25/92. 19 .1 FITI�J) 1)/?_1I"9 Ass?xxTt RR or a:tiT er MIT / WO) I1/l1019. Additional provisions: -. ..____.. - NOTICE ' . QR1�1, OR IMPLIED CHAES TO THIS OR ANY O E C E 1 AG EMEN S) (EXCEPT CQNSUMER LOANS OR OILIER r. FENJDER ARE p EN ORc_EAB E_AND�EQULD NOJ BE RELIED U O . IMPORTANT: READ BEFORE SIGNING.THE TERMS OF THIS ERMSEEMORENORALT OULD PROMISESA NOT CONTAINED CAREFULLY A IN ETO ISY WRITTEN THOSE TERMS IN WRITING ARE ENFORCEABLE. NO OTHER CONTRACT MAY BE LEGALLY ENFORCED. YOUEMAY CHANGE NY TNEER_CRETERMS I RT AGREEM NTSIEXCE AGREEMENT CONONLY IIMER LOANS OR WRITTEN AGREEMENT. THIS NOTICE ALSO APPkL�I— QTH FMPT TRA A.c1L4dS) NOW 1N_E__E -CT E EEri YO I. -.LENLER• C1,The undersigned borrower(s)acknowledge(s)receipt of a copy of this instrument. CD r"i a=7-'7!. 1 (....)....< 1 j — t.0 - .1 r.:...,• -fi r-" -ra +-•..,1 �--y ai t t Nit •Of COr OPA1 N.r'ARINErisr IIP OR ORGAN,-E = 7=-7, 5t NAIURE . N ADDRESS OF BORROWER IrrlE -} sac.SEC.No. C-..: .-- 5 IYI>ENM4E..� 9CCi dt 553-{)s ��src. NONEW OR Rj1RAL�OUIE NO. l�(�[(�r )fin 1118 I SIGNATURE " IOWN,SIM ,IIP CODE A SOC.SEC.NO. �r �2�f A TYPE NAME IIIIE IT OMt f' • Rl1SIIJESS P110NE 317•-771n I IXEI) AlkNOl ,,.tiU sYryNo Ydrnosl Yxuu to „U --..'--_. �Mi)Illdl. f1LEL g> l'n — TERM _____ __22X20 — uuF fila 12_2U-9 2 uER qMO ruin Iis N1;SS EXYENSES ___- —_ ----_---_-._— PROMISSORY NOTE • f V�,r1E E� �LFn�n r�p wr11nl r�i sev r II as rrinclpnis•promise to pay to the ordnr of - F4. LrIR�1 RN'► li]C(At(I )l�sfgin_.[i1W�'IIY: I_ �' y' _ _ -- - - -•- . . . r l► pp rrp ir�**k*�- -- - ._----------------•--------------------Dollars at Its 'princlpal face of business or such r f he la ens may be designated from limo to Hine by the ......01 . Ihls Hotta, lire principal sum of MITT TIIOUSMID & 0U/ 100*** __ ----10775----TETE-75------------------ _lU_�S - ti.75 _ )per annum on the balance ($ wllh Interest to maturity al the rale of _...�..-_-percent( ----_.___._.- (TIM.75 — remaining from time to lime unpaid and Wier either maturity or default al the rote of 10.75 percent (_ per o1chnum;said principal and Interest to be paid at the above Indicated clue dale or as follows: MAKER kGREES TO pkY--PRINGI M_IN__THEL_ OUN QF V3000.00 FLUS INTEREST DUE ON 12-20-92 equal payments of$_____________each and one final installment of S_ all payable on the sagne day of each successive month beginning on the .. day of__- --- �--- __.---- -•-- --..._..------- ----• with any then remaining principal balance and Interest due on maturity,each such payment to be applied first In payment 01 Inleresl due on file unpaid principal and the remainder In reduction of the principal. (Check 1f U In addition to the above,If the holier has not rocelvod the frill amount of airy scl(nrItIlo(i itas additional° it relrrd f 'applicable) calendar days after the due dale,Debtor shall pay S_ If default made the paym eIf Dcrperform any covenant.promise agreement wih the holder,or If hterbliees Itself Insecue,the entire principal and accrudI terest shall a become and yt!IthOUt notice al the option of the holder of this note,and Ihereupon the undersigned agree to pay oll osts of collection, attorneyfees.Failure to exercise these options shall not constitute a waiver of the right to declare the entire principal amount of ibis note and Interest thereon due and payable at once at any subsequent lime- id security I. This note endorser.Is secured y all arant and fnot , andly ayment ma ests Ibfe adccelerated acco ding to any of Ihehe maker(s) and holder,or holder m. Holder may without no icce or dem anysetoff surely yr relit balance l nothiso note, and payment Y demand setoff against !lability of I ny maker. endorser,now ure or hereafter rrgua antor, the holdersigned may. bthouty oticeany n enert w or eaxtendunder IhIs note. the Ilme or Without affecting the for the payment,An ma er partialdpayments,orror tt rther agrees�hai the holder Is nottrequired to first resort forthis paymentragree not to any collateral. rt' any party f liable. Any maker,endorser,surely guarantorart bre hereby waived by all persons slgnalary hereto,either •I' Presentment.demand.protest.notice and diligence In bringlhg suit agains!any p y • r. as makers,endorsers,sureties or guarantors. Maker represents and warrants that the extension of credit evidenced by this note is for business ,commercial or agricultural purposes.or Is to �� an organization.i• I ...; --_`.- ., , The security agreement(s)by which!his note Is secured Include,but are hot limited to;security agreemenl(s)doled:_2_'S--12 19 /_--z-----, 19 Additional provisions: ASSIGNffi�NT OF CONTRACT EQUITY DA,_TED 1,1�-2K-82 r FILED 12'-21-S9 NOS .. A ._o �pLpCHA1 $ TO TN1 59 _ k 0 . ; : 0 ' : kMENT(S) (EXCEPT C ON MRB LOANS OR OTHER R PRTA RHILED€! -ARNOT! pD1E Au S1OUOIP IMPORTANT: N. READ BEFORE SIGNING.THE TERMS OF THIS REEMENT SHOULD AD CAREFULLY ONLY TERMS IN'•'WRiTING ARE ENFORCEABLE. NO OTHER TM OR ORAL PROMISES CONTAINED IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. YOU AI SO APPLI MAY CHANGE T� TERMS AGREEMENT ANOTHER WRITTENAGREEMENT. IHILNQIC� LO�_ ! C �TGRENLNSXcE € LOANS OR EMPu 4N5ACI19lSLNOW_LL EEECLll 1EEENY.4-.Z _IF11 E R• •4I1iE8_-� ., 1 l.': q p of this instrument. tD The unlet Igned borroWer(s)acknowledge(s)e(s)recel I of a copyt� — !•:.?i + *C7 tri a•---71•i • fr, • > --a a u C 1 • .1' I �` NAME Of CORI'ORAIION•I ARINERS!IIP OR ORGANI f" 'l r l t c __in s l i • SIG AZURE a r._, ADDRESS OF BORROWER ; ' •• SOC.SEC.NO. .•(`.;O ,. IYPENAME - II •3-69�7C32 O. IREOR I:.RALROUIENO. 'I IN( 1487 1 MEL SONGGKR 1 1 i r. i i•/ •/ I' SIGNATURE •WN. iflf�jr 1h IA 52244 :4 / SOC.SEC.NO. 1 9 PIPE NAME MIILE O EPI • E BUSINESS PI ZONE );' �/ I ' f 1 . _ 1 1 P +1 113 Fr 4 y f r FILED IR ASSIGNMENT pi0 09 DEC 21 AM 0: 51 OP Daniel Songger —;; ''''"F-6&c.:( . FOR VALUE RECEIVED �' AiECllII0fii, .10u1111uN CO..IOWA. of the County of Johnson and State of Iowa, do hereby grant, bargain, sell, assign, transfer, and set over tot First National Dank, Iowa City' Iowa and to its successors in interestall interest held in real estate located as in Johnson County, Iowa and described335 S. Johnson (Book 496 Page 211) In. Commencing at a point nn the west lino of ln, _n StrPCt in lot!a City, Iowa, 362 feet south of the northeast tc rner of Outlot thenc26oin Iowa City,t , eaccording 106 te ,tthen a recorded southp20 feet, thence west 44 feet, thence thencerwest 106 feet, thence north 20 feet, thence east north 45 feet, thence east 65 feet, 05 feet to the place of beginning. AIDpoint on the west line of Johnson Street in Iowa City, Commencingnat a 362 feet south of the northeast corner of Outlot Jo 26l,nson County, Iowa, Iowa, according to the recorded plat ;.f,, Original Town of Lowe City, point of beginning; thence continuing thqr of; thence west 85 feet to the p thence east 65 feet; thence north • west 65 .feet; thence south 28 feet; 28 feet to the point of beginning. 10 in Johnsona(Booko 1015 Page 367) to the plat thereoforecorded Lot Commencing at a point 70 feet north of the southwest corner of Lot 5 In Block 25 in Iowa City, Iowa, according Iowa; opee east in Book 1, Page 116, Plat Records of Johnson County, thence 80we 80 fefeetthto east the west l inesaof said lthence thence Ilfeet; south feet to west a0 the place of beginning. , THIS ASSIGNMENT is granted to secure a loan by the Assignee to the Assignor, THOUSAND AND NO/100^"""""'�k"** the maximum amount of said loan being TEN 'falong with all renewals and ex- t 000.00 tensions. 28th day of November A.D. 19 4 Witness my hand and seal this9 / , v � Danis Songger ( ' 1 . Q . ,! IIii,I } 1.1. I�1; . . .n w �? s 7,.:74 —CI wimp 1 C7--( 1.0 —ic- —0 all f State of Iowa, SSS :__r�1 5. , dayof Novemerb , A.D. 19 09, before, me, -' On this 20_t�l a Notary Public in and Eor the States��iowa� personally appeared Daniel Son •er to me known to be the person(e) mimed in and who executed the foregoing instrument, and acknowledged that h e - executed the same as their voluntary act and deed• .4,.L-aa-,,dam Notary Public Lt and For the State of Iowa SEAL 1 CAROL S!C, M,COMMI0I!EMP N 7R..-_ :.21.:` 6) L)u(It 1096 J ( ( ll /11Elf-frE1a. ( '�� IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY up FIRST NATIONAL BANK, ) a t!) IOWA CITY, IOWA, ) C O (42-0252720) ) No. ..___—_ `n Plaintiff, .-^i C.) Off? W ,..:n V . ) �, ) AFFIDAVIT OF PLAINTIF S ry (553-6 -5782)SONGGER, ) ATTORNEY FOR ATTORNEY FEES"1 (553-69-5782) ) Defendant. ) STATE OF IOWA ) )ss: JOHNSON COUN!I'Y ) I, C. Peter Hayek, being first duly sworn, do depose and state that I am an attorney trecord feef�laimedthe phereinfislforthe above-entitled action and that theno services actually rendered in this cause. That lthere is no, contract, agreement, or arrangement, or betweent ent, contemplating expressed or implied, between myself angyanyldivision of myself and any other person, plat compensation for services rendered in the above-entitled le al proceedings except (if shown by these proceedings) g regular bona fide law partnership with or associated counsel in a or jointly with the undersigned in the above-entitled tothiscause. That serving with him, as attorney, e act the defendant had informtonthe wtorpaYothe sameof hbeforerthe sued upon, and reasonableopportunity suit was brought herein. OR, Aimutliw. C. Peter Hayek Hayek, Hayek & Br.wn Bremer Building 1201 East Washington Street Iowa City, Iowa 52240 (319) 337-9606 Subscribed and sworn to before me this 2 " day of May, 1993 . I ". I1 ii ,' .../. 1 . !. Cg Not; y /ublic in and for the State o Iowa. �X{-! I13 I T " �`� IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY FIRST NATIONAL BANK, ) IOWA CITY, IOWA, -C�, r" r., w Plaintiff, ) No. 54974 - ., _- P. ,c., ccs V. ) (.),_' CO DANIEL SONGGER, ) MOTION FOR LEAVE TO $ ND - iii Gf)'_ f Defendant. ) y' ;: c_n ✓+ N COMES NOW Plaintiff, First National Bank, Iowa City, Iowa, and respectfully moves the Court for leave to amend Plaintiff 's Petition fore Foreclosure filed herein on June 2, 1993, for the reason that Plaintiff did not have a judgment lien search against the Defendant and against the real estate subject of Plaintiff's Petition until after Plaintiff 's Petition was filed on June 2, 1993 . The following amendment is simply to add necessary Defendants who claim to have liens against the real estate subject of the real estate foreclosure, which claims were disclosed by the judgment lien search, and the judgment lien search was anticipated, all as stated in paragraph 15 of Plaintiff's Petition. Consequently, Plaintiff moves the Court for leave to amend its Petition for Foreclosure filed on June 2, 1993, by amending the caption of the Petition as follows: IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY CAD CD cn FIRST NATIONAL BANK, ) ) yam , C'7 rT7 0 ., IOWA CITY, IOWA, ) " (42-0252720 ) ) --I , '�,, No. 54974 `` �-o � Plaintiff, ) _r- -0 '�'`" o to .y: y. PO -2- C.) v. ) Cr) DANIEL SONGGER, ) PLAINTIFF'S FIRST AMENDMENT' (553-69-5782) , ) TO PETITION FOR FORECLOSURE- THE -a THE CITY OF IOWA CITY, IOWA, ) CORWIN KRUSE, ) rr' W CRISTIANNE GAFFNEY, AND ) N JOHNSON COUNTY, IOWA, ) Defendants. ) Plaintiff further moves the Court to grant leave to amend the Petition for Foreclosure of Plaintiff, filed on June 2, 1993, by adding the following numbered paragraphs: 17 . Defendant, City of Iowa City, Iowa, may claim a lien against the real estate subject of this foreclosure Petition by virtue of a traffic judgment entered against Defendant Daniel J. Songger on April 1, 1993, in the amount of $26 .00 fine plus $10 .00 costs, designated 93TR1298, and by virtue of a traffic violation judgment entered against Daniel J. Songger on April 1, 1993 , in the amount of $26 .00 fine plus $10 .00 costsp designated 93TR4815 . However, any lien this Defendant may have with respect to these two judgments is inferior to the lien of Plaintiff arising out of the assignment from Defendant Daniel Songger to Plaintiff which is subject of this foreclosure Petition. 18. Defendants Corwin Kruse and Cristianne Gaffney may claim an interest in the real estate subject of this foreclosure Petition by virtue of a judgment entered against Defendant Dan Songger on February 19, 1993 , in the amount of $208 .00 sanctioned attorney fees and for the sum of $5 , 681. 44 plus $101.00 in court -3- costs, as well as a further $200.00 judgment and costs entered on February 19, 1993, on April 15, 1993, and on May 3, 1993, respectively, in Case No. 54240 in the District Court of Iowa in and for Johnson County, and further as set out in District Court Docket 143, Page 170, in that Clerk of Court's records. Plaintiff states that the judgments of these Defendants are inferior to the lien of Plaintiff against the real estate subject of this Petition for Foreclosure by virtue of the assignment subject of this foreclosure. 19 . Defendant, Johnson County, Iowa, may claim to have a superior lien against the real estate subject of this foreclosure action by virtue of real estate taxes due, delinquent, and accruing, with respect to the real estate subject of this foreclosure. Such claim would be a valid claim and Plaintiff recognizes that its lien arising out of the assignment subject of this foreclosure proceeding is, in fact, subject to said taxes. WHEREFORE, the Court is respectfully requested to allow the amendments set forth above in the interest of justice. IPC. Peter Hayek Hayek, Hayek & Brown Bremer Building ccs 1201 East Washington St yet .a Iowa City, Iowa 52240. tEr r*� (319) 337-9606. >-71 t7 -0 1111 G up ATTORNEY FOR PLAINTIFF. -4� :1 ca w > N v -4- STATE OF IOWA ) SS: JOHNSON COUNTY I, E. James Karlin, being first duly sworn, ontoath ldepose and state that I am a Vice President of Plaintiff; familiar with the facts and circumstances of the above-described proposed Amendment; that I have read the foregoing proposed Amendment provinbestand ofthat knowledgefacts anda:edieftherein are true and correct to the 114 /Iaz E. Ja, es Kar in f Subscrib and worn to before me by E. James Karlin, this 19931. i 2/ Notary Public in and for State of Iowa. 0 cn c)-4.= k 370 c;? END OF CASE FILE ROBERT J. MCGEE, P.C. ATTORNEY AND COUNSELOR AT LAW ROBERT J.McGEE 230 4TH AVENUE SOUTH Admitted to Practice CLINTON,IOWA 52732 In Iowa and Illinois TELEPHONE 319/243-4751 October 27, 1993 City Clerk City of Iowa City, Iowa A Municipal Corporation 410 East Washington Street Iowa City, Iowa 52240 RE: No. EQCV 20160 Dear City Clerk: I enclose herewith an Original Notice and Petition for Foreclosure and would appreciate your execution of the enclosed Acceptance of Service and return of the same in the stamped, self addressed envelope enclosed. If you have any questions, please feel free to contact me. Very tr ly yours, BY: ROBERT J. McGEE, P.C. RJM/bm Enc. CouD C3 ry IMMO 7,‹r- r i ti c-n IN THE IOWA DISTRICT COURT IN AND FOR CLINTON COUNTY GATEWAY STATE BANK, an Iowa ) Case No. EQCV 20160 Banking Corporation, ) 42-0277760 ) ) ACCEPTANCE OF SERVICE Plaintiff, ) vs. ) VETERANS ROOFING COMPANY, ) INC. , an Iowa Corporation ) and CHARLES E. SEASTRAND, ) Individually, JOB SERVICE ) OF IOWA; INTERNAL REVENUE ) Ca SERVICE; IOWA DEPARTMENT OF ) © CD REVENUE AND FINANCE; ALLEN ) N -11 J. MEIER, Labor Commissioner; ) C"- HANSON DIRECTORY SERVICES, ) =.4CD INC. , A Corporation; ) :C r rn MILWAUKEE INSULATION COMPANY, ) O INC. d/b/a MAC ARTHUR ) wc INSULATION COMPANY, INC. , ) cra LaCross, Wisconsin, A ) Corporation; LUMBERMANS ) WHOLESALE COMPANY; ROBERT E. ) EVANS, Individually; EASTERN ) IOWA CREDITORS; CITY OF IOWA ) CITY, A municipal corporation ) COMES NOW, the City Clerk for Iowa City, Iowa, and herewith accepts service of a copy of the Original Notice filed in this cause and Petition for Foreclosure affixed thereto expressly waiving personal service by the Sheriff's Office. DATED: /01/j3 SIGNED: . 7ev✓ CITY CLERK, IOWA CITY, IOWA for CITY OF IOWA CITY, A Municipal Corporation 410 East Washington Street Iowa City, Iowa 52240 i -4- - ' - ----- -- THE IOWA STATE BAR ASSOCIATION FOR THE LEGAL EFFECT OF THE USE Official Fgrm No.301 OF THIS FORM,CONSULT YOUR LAWYER UD .�_ C.) CD CD THE IOWA DISTRICT COURTc-' m 'Er' CLINTONCOUNTY (--7-< `� 7-G C3 'i.rrl 1:1C k GATEWAY STATE BANK, an Iowa ..e-- Banking Corporation y cn 42-0277760 '— Plaintiff(-), LAW ❑ EQUITY ❑ No. E 0 e 6/0, o /6 6 VETERANS ROOFING COMPANY, INC. , an Iowa Corp. & CHARLES E. SEASTRAND, Individually, ORIGINAL NOTICE JOB SERVICE OF IOWA; INTERNAL REVENUE SERVICE, IA DEPT. OF REVENUE & FINANCE; ALLEN J. MEIER, Labor Commissioner; HANSON DIRECTORY SERVICES, A Corp. , MILWAUKEE INS aQ (COMPANY, d/b/a MAC ARTHUR INSULATION CO. , inn; LaCrosse, WI, A aAAAAAOVECorpd.u,aLLUUMBERMAANS WHOLESALE CO; ROBERT E. EVANS, TO H IWEDEDEFENDANOS) CREDCY ,ITORS a MunicipalOWA Corporation You are hereby notified that there is now on file in the office of the clerk of the above court a petition in the above-entitled action, a copy of which petition is attached hereto. The plaintiff's(s') attorney is Robert J. McGee, P.C. ` whose address is 230 Fourth Avenue South, Clinton , Iowa 52732 You are further notified that unless, within 20 days after service of this original notice upon you, you serve, and within a reasonable time thereafter file a motion or answer, in the Iowa District Court for County, at the courthouse in Clinton , Iowa, judgment by default will be rendered against you for the relief demanded in the petition. (SEAL) /7.<7.,;:.A.-_4_1;'4,,f,74,04..14 CLERK OF THE ABOVE COURT Clinton County Courthouse Clinton , lowa 52732 /3-t- d 4.,,A., _ 0 _ X I aL,--Li g_Ged-e----7-"Lea e NOTE:The attorney who is expected to represent the defendant should be promptly advised by defendant of the service of this notice. :— €The Iowa Stale Bar Association 301 ORIGINAL NOTICE FOR PERSONAL SERVICE I IN THE IOWA DISTRICT COURT FOR CLINTON COUNTY GATEWAY STATE BANK, an Iowa ) Case No. 4-0 ' //6 Banking Corporation, ) 42-0277760 ) PETITION ca Plaintiff, o ) -4 .,.... vs. ) VETERANS ROOFING COMPANY, ) p INC., an Iowa Corporation ) and CHARLES E. SEASTRAND, ) Individually, JOB SERVICE ) T' 1 OF IOWA; INFERNAL REVENUE ) SERVICE; IC JA DEPARTMENT OF ) _ c REVENUE AND FINANCE; ALLEN ) J. MEIER, Labor Commissioner; ) o HANSON DIRECTORY SERVICES, ) - -" INC., A Corporation; ) N F-- MILWAUKEE INSULATION COMPANY, ) Fri INC. d/b/a MAC ARTHUR ) -_ y' :J INSULATION COMPANY, INC., ) (?? LaCross, Wisconsin, A ) . __, o Corporation; LL IBERMANS ) ^' WHOLESALE COMPANY; ROBERT E. ) EVANS, Individu.11y; EASTERN ) IOWA CREDITORS; CITY OF IOWA ) CITY, A rrninicipal corporation ) CSS NOW the Plaintiff by its Attorney, Robert J. Mc Gee, P.C. and for its cause of action against the Defendant states as follows: NCYTICE: TILE PLAINTIFF HAS ELECTED FORECLOSURE WTI}UIT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FTTF WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YCXJ FTLE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL TWELVE (12) PEEFIHS OR SIX (6) MONTHS IF THE PETITION INCLUDES A WAIVER OF DEFICIENCY JUDGMENT, FROM ENTRY OF JUDGMENT IF THE MORIGACE PROPERTY IS YOUR RESIDENCE, AND IS A ONE-FAMILY OR TWO-FAMILY DWE.L» OR UNTIL TWO (2) MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGE PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A CIE-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. YCXJ MAY PURCHASE AT THE SALE. IF YOU DO NOT FTT,E A WRITTEN DEMAND TO DELAY THE SALE AND IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A CIE-FAMILY OR TWO-FAMILY ' Page -2- DWELLING, THEN A DEFICIENCY JUDGMENT WILL Nor BE ENTERED AGM/EV/01E24 IF • YOU DO FTTJ A WRITTEN DEMAND TO DELAY THE SALE, THEN A'DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU IF T E PROCEEDS FROM THE SAIZ OF''ITHE MORTGAGED PROPERTY ARE INSUFFICIENT TO SATISFY THE AMOUNT OF THE MORI ' DEBT AND COSTS. = IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS NOT A =- FAMILY OR MU-FAMILY UWEr LING, THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU WHETHER OR NOT YOU FILE A WRITTEN DEMAND TO DELAY THE SALE. 1. That at all times material hereto the Plaintiff was a banking institution having its principal place of business at Sixth Avenue South and Second Street in Clinton, Clinton County, Iowa. 2. That the Defendant, Veterans Roofing Company, Inc. was at all times material hereto an Iowa Corporation having as its principal place of business Clinton, Clinton County, Iowa. 3. That at all times material hereto Charles E. Seastrand was an individual residing in Clinton, Clinton County, Iowa. 4. That the notes referred to within this Petition are secured by two separate Deeds of Trust both dated April 2, 1986 securing the promissory notes referred to herein and executed by the Defendants Charles E. Seastrand and Veterans Roofing Co., Inc., which Deed of Trust encumbers the property described as follows and which deeds of trust are recorded as Instrument numbers #1721-86 (Exhibit B) and #1720-86 (Exhibit B 1) in the Office of the Recorder of Clinton County, Iowa: EXHIBIT "B" A tract of land situated in the Southwest quarter of the southwest quarter of section fourteen (14) , township eighty-one (81) north, range six (6) , Fast of the 5th P.M., described as follows: ccunencing as a point of reference at the southeast corner of the said southwest quarter of the southwest quarter; thence north 00 degrees 14' west along the east line of the said southwest quarter of the southwest quarter a distance of three hundred fifteen and six-tenths (315.6) feet to a point on the northerly right-of-way line of U.S. Highways No. 30 and 67; thence south 81 degrees 52' west a distance of three hundred ninety-seven and six- tenths (397.6) feet to the point of beginning of the tract here intended to be described; thence continuing south 81 degrees 52' west a distance of two hundred twenty-five (225) feet to an iron stake on the easterly right-of-way line of the Chicago & Northwestern Railroad Caiany's industrial spur track; thence north 10 degrees 39' west along the said easterly right-of-way line of Chicago & Northwestern Railroad Company a distance of one hundred seventy-one and three tenths (171.3) feet to an iron stake; thence south 78 degrees 55' east a distance of one hundred ninety and one-tenth (190.1) feet to an iron stake; thence south 88 degrees 10' east a distance of sixty-six and seventy-five-hundredths (66.75) feet to a point; thence south 00 degrees 14' east a distance of saTa uj pup 'oul 'Au .i oD buTJood suPxagaA 'squepu"ajaQ am. t(oTt4M go sut:raq at(q oq quensannd aouaxagal sTt.(q Aq u?azau pagPxodzoou puP q?grtlxg SP ogaraq pallor-44P sT 140T4m 3o Adoo P '3JTquTPTd am. go JOAPJ uT agou Alosszunzd P pegnaexe 'puPagsPag •g saTaut.ID 'xaoT3Jo puP aATgequasaldaT pezT.IoggnP sq.?. tbn01114 ' •oul 'Aupduoo bu good supa3aA puP 'AT 1e<<pTATpul 'puPa4s0.6 'd s8Ta0-0 'qU e;ea '6861 '9Z AIPnuPf u0 'S •axuaxagaa sTt.(q Aq uTaxaq pagP.IodxoouT puP ogaraq pegoellp a1P puP 1,TE Pup Au sgrq qx pa)raeu axP oq peaaagax uTaieg gsnaj, 3o spaaj a •AvTgua awes aLig puP auo axe pmoi 'uo guTTJ 'NttPg TPuoTgPH gszT3 Pup aoguP.1O •asn pup buTggpTd PuPT oq burgPTax squaum Tt baz Tequawuaano6 TTP puP LIP t4 TM ATdano og 'Audcur j uoTgpgaodsu a uxagsammaoN / obpoTtp og asuadxa ou qP 'AIessaoau sde' s TTP a(Pq o. 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T.Iagq.Iou eqq oq gaa3 (TT'£6) s<tgPa q-uaAeTe pup as qq-AgauTu rn -E- abed Page -4- E. Seastrand, Individually, borrowed the sum of Sixty Thousand Dollars ($60,000.00) frriu the Plaintiff and agreed to repay the same pursua }t to the terms and provisions of the note marked Exhibit "C". That the note marked Exhibit "C" was extended on four (4) separate , occasions, specifically April 24, 1991, November 26, 1991, July 20., 192:,.)and December 17, 1992 as appears in Exhibits "Cl", "C2", "C3"andC4" respectively, and pursuant to the terms of the extension-agreement, Defendants agree to pay to the Plaintiff under the terms of-.the note marked Exhibit "C", the sum of $30,392.78, due and payable in full with interest at the rate of 11.5% per annum payable monthly on March ', 1993. The Defendant, Charles E. Seastrand, and Veterans Roofing Cattpany, Inc. is in default under the terms of the note marked Exhibit "C" and the extensions thereof marked "Cl" through "C4" by failure of said Defendants to make the agreed-upon payment as called for under the terms of the note. 6. That incidental to the loan as is set forth in Exhibits "C", and "Cl" through "C4", the Defendants, Veterans Roofing Caaaany, Inc. and Charles E. Seastrand, pledged that the note in question was secured by the Deed of Trust marked Exhibits "B" and "B1" and further pledged the following collateral: 1988 Chevrolet C-10 1/2 ton pickup, 1986 Plymouth Voyager Van, 1973 Chevrolet CE-6 Truck, 1978 GIS Truck, 1975 Chevrolet Truck, 1979 Chevrolet Truck, 1978 GIC Truck, 1967 International. Truck, 1978 Jeep; that there are affixed hereto as Exhibits "C5" through "C10" and incorporated herein by this reference, copies of the certificates of title to the respective vehicles pledged as collateral under the terms of the note marked Exhibit "C" which reflect the interest of Gateway State Bank, with a first security interest in the respective vehicles. In addition, under the terms of the note marked Exhibit "C", the Defendants, Charles E. Seastrand and Veterans Roofing Canpany, Inc. pledged all inventory, equipment, accounts and rights to payments and general intangibles as additional security for payment of the note. 7. There remains due and owing under the note and extension agreements marked "C" through "C4" the principal balance of $30,392.78 together with interest thereon of $2,671.81 through September 22, 1993 and interest accruing commencing September 23, 1993 of $9.00 and 9.5758 per day. 8. That on July 21, 1992, the Defendants, Veterans Roofing Company, Inc. and Charles E. Seastrand, Individually, executed a pranissory note in favor of the Plaintiff in the amount of $33,000.00, a copy of which is attached hereto as Exhibit "D". The pmnissory note marked Exhibit "D" was subsequently extended by agreement pursuant to the terms of Exhibits "Dl" and "D2", which note ultimately provided under the extension agreement marked "D2" and dated December 17, 1992, the sum of $31,500.00 plus interest at the rate of 11.5% per annum payable monthly would become due and payable in full on March 17, 1993. There is presently due and payable under the note marked Exhibit "D" the sum of $32,000.00 principal, $2,312.93 interest through September 22, 1993, and the sum of $10.0822 per day commencing September 23, 1993. Page -5- - e"% -. r,-14 •,�' . .9 e 9. The Defendants pledged to the Plaintiff pursuant to the t.Ogps o the note marked Exhibit "D" the real estate described in Exhibits 1:$'':' r% "Bl" pursuant to a Deed of Trust and further pledged as security fl'fhe` notes marked Exhibits "D" and "Dl" those items set forth in Exhibit:'°C5" through "C10" as well as all amounts under receivables and general intangibles. 10. That the Defendants, Veterans Roofing Company, Inc. and Charles E. Seastrand, individually, are in default under the terms of the note marked Exhibit "D" and extensions to the same marked Exhibits "Dl" and "D2" by virtue of their failure to pay the agreed upon payments under the terms of the notes referred. 11. That pursuant to the terms of the guarantee marked Exhibit "E" and attached hereto and incorporated herein by this reference, Charles E. Seastrand, personally guaranteed all of the aforementioned indebtedness (the notes marked Exhibits "A", "C" and "D") set forth in the proceeding referenced notes and, as such, Charles E. Seastrand, is personally liable on each of the respective notes. 12. That all notices as required setting forth the occurrence of a default and providing the requisite opportunity to correct, cure or remedy any such default, have been provided Veterans Roofing Company, Inc. and Charles E. Seastrand. Notwithstanding the foregoing, these defaults have not been corrected. 13. The Job Service of Iowa may have an interest in the real estate being the subject of this foreclosure action by virtue of a notice of lien executed by the Job Service of Iowa dated August 31, 1992, and filed December 2, 1992 as Instrument No. 9095-92 in the Office of the Clinton County, Iowa Recorder. The notice in question provides for a claim or lien for employer contributions in the sum of $4,845.42 plus interest and Court costs. The lien or interest as claimed by the Job Service of Iowa is inferior and subsequent to the lien of the Plaintiff acquired under its Deeds of Trust as referred to herein and the Court should so decree. 14. The United States Government - Internal Revenue Service, Des Moines, Iowa, may claim an interest in the real estate being the subject of this foreclosure action by virtue of notice of lien for 941 tax for the period ending Dprember 31, 1992 in the sum of $11,240.00 and for 941 tax for the period ending June 30, 1992 in the sum of $19,531.32, all pursuant to an instrument filed with the Office of the Recorder of Clinton County, Iowa on January 28, 1993 as Instrument No. 504-93. The Internal Revenue Service further may claim a lien pursuant to a filing against Veterans Roofing Company, Inc. of a notice of lien for the tax period ending December 31, 1990, in the sum of $11,240.00 for 941 tax for the period ending June 30, 1992 in the sum of $19,531.32 for 941 tax for the period ending September 30, 1992 in the sum of $17,270.67, all referenced under the terms of an instrument filed with the Recorder of Clinton County, Iowa on February 8, 1993 as Instrument No. 758-93. The Page -6- t• c• �; it lien or interest as claimed by The United States Governrrent Hlteial Revenue Service is inferior and subsequent to the lien of the-.plaintiff acquired under its Deeds of Trust as referred to herein and the Coup should so decree. p' •'^ 15. The Job Service of Iowa may claim an interest in the real estate being the subject of this foreclosure action pursuant to a notice of lien filed with the Recorder of Clinton County, Iowa, for arloyer contributions under an instrument recorded as No. 1721-93. The lien or interest as claimed by Job Service of Iowa is inferior and subsequent to the lien of the Plaintiff acquired under its Deeds of Trust as referred to herein and the Court should so decree. 16. The Internal Revenue Service, Des Moines, Iowa, may claim an interest in the real estate being the subject of this action pursuant to a notice of lien filed with the Recorder of Clinton County, Iowa, as Instrument No. 3341-93 for 940 taxes. The lien or interest as claimed by the Internal Revenue Service is inferior and subsequent to the lien of the Plaintiff acquired under its Deeds of Trust as referred to herein and the Court should so decree. 17. The Iowa Department of Revenue and Finance may claim an interest in the real estate being the subject of this action pursuant to a notice of tax lien executed by the Iowa Department of Revenue and Finance being dated August 30, 1993, and filed August 31, 1993, as Instrument No. 6047-93 in the Office of the Recorder for Clinton County, Iowa. The lien or interest as claimed by the Iowa Department of Revenue and Finance is inferior and subsequent to the lien of the Plaintiff acquired under its Deeds of Trust as referred to herein and the Court should so decree. 18. Helen J. Meyer, Labor Carmissioner, may claim an interest in the real estate being the subject of this action by virtue of a judgment entered in said agency's favor in Suit No. SC22464 against Veterans Roofing Company, Inc. on March 16, 1993, with interest and costs. The lien or interest of Helen J. Meyer is inferior and subsequent to the lien of the Plaintiff acquired under its Deeds of Trust as referred to herein and the Court should so decree. 19. Hanson Directory Services, Inc. may claim an interest in the real estate being the subject of this foreclosure action by virtue of a judgment entered against Veterans Roofing Company, Inc. in SC 2207 in the District Court for Clinton County, Iowa on December 30, 1992. The lien or interest of Hanson Directory Services, Inc. is inferior and subsequent to the lien of the Plaintiff acquired under its Deeds of Trust as referred to herein and the Court should so decree. 20. Milwaukee Insulation Company, Inc. d/b/a Mac Arthur Insulation Carpany, Inc., LaCrosse, Wisconsin, may claim an interest in the real estate being the subject of this action by virtue of a judgment obtained against Veterans Roofing Company, Inc. and Charles E. Seastrand, Page -7- W personally, and evidenced by transcript of judgment filed it laC 8sse County Circuit t Court, Wisconsin, subsequently abstracted to =-'end transcribed in Clinton County, Iowa on September 21, 1992. The lien-or interest of Milwaukee Insulation Company, Inc. d/b/a Mac. Arthur Insulation Comrpany, Inc. is inferior and subsequent to the lien ofre Plaintiff acquired under its Deeds of Trust as referred to herein and the Court should so decree. 21. L m>be man's Wholesale Comrpany, may claim an interest in the real estate being the subject of this foreclosure action by virtue of a judgment against Veterans Roofing Company, Inc. and Chuck Seastrand a/k/a Charles E. Seastrand and Patty Seastrand, Defendants, the transcript of judgment Obtained in Polk County, Iowa and filed on July 1, 1992 in Clinton County, Iowa. The lien or interest of Lumberman's Wholesale Company is inferior and subsequent to the lien of the Plaintiff acquired under its Deeds of Trust as referred to herein and the Court should so decree. 22. Robert E. Evans may claim an interest in the real estate being the subject of this action by virtue of a judgment obtained against Veterans Roofing Carrpany, Inc. , an Iowa Corporation, in Cause No. CL 16068-1092 in the District Court for Clinton County, Icwra. The lien or interest of Robert E. Evans is inferior and subsequent to the lien of the Plaintiff acquired under its Deeds of Trust as referred to herein and the Court should so decree. 23. Eastern Iowa Creditors may claim an interest in the real estate being the subject of this action by virtue of a judgment obtained in Suit No. CL 16369-0293 in the Iowa District Court for Clinton County, Iowa. The lien or interest in Eastern Iowa Creditors is inferior and subsequent to the lien of the Plaintiff acquired under its Deeds of Trust as referred to herein and the Court should so decree. 24. The Plaintiff has incurred abstracting expenses and will incur additional abstracting expense in the course of this foreclosure, which sums are taxable as part of the costs of this action, and will further incur reasonable attorneys' fees by reason of this action, will incur costs, and, in addition, the Plaintiff may have to pay real estate taxes that were the responsibility of the Defendants in order to redeem the real estate being the subject of this foreclosure action as a result of a sale of the same by Clinton County, Iowa for non-payment of real estate taxes. The Plaintiff should, therefore, be allowed such fees, expenses, costs and taxes as may be so incurred. The Plaintiff has filed an Affidavit for attorneys' fees, a true copy of which is attached hereto as Exhibit "F" and by this reference made a part hereof as though fully set forth. 25. The real estate described in Paragraph 5 of the Plaintiff's Petition and being pledged as security for the notes referred to in this action is non-residential, non-commercial, non-agricultural real estate. Page -8- 26. The Deeds of Trust pledged as security for the p ry pt i referred to herein allow and provide for the appointment ofivet t©_° take chargeand managethe The Plaintiff PmP�y• ts , appointment of a receiver. 27. The City of Iowa City, Iowa may claim an interest iit real estate being the subject of this action by virtue of a `- udgrnt transcribed in Clinton County District Court as TR 5843 filed oh September 24, 1993. This judgment is inferior to the interest of the Plaintiff. 28. On April 2, 1986, Defendant, Charles E. Seastrand, executed a promissory note in favor of Gateway State Bank, the Plaintiff herein, wherein the stated Defendant borrowed pursuant to the terms of said note the sum of Twenty Seven Thousand Dollars ($27,000.00) plus interest frau April 2, 1986 at the rate of 11.5% per annum until the maturity thereof as provided for therein. Subsequently, the aforementioned note was extended pursuant of the exhibits marked "Al" and "A2" whereby Charles E. Seastrand agreed to pay the balance thereof pursuant to the loan extension agreement marked Exhibit "A2" for $13,023.78 at the rate of $335.79 commencing September 1, 1992 and a like amount each month thereafter until 18-1-95 when the unpaid principal and interest was due and payable in full, all at the rate of 11% per annum payable monthly frau August 10, 1992. The Defendant, Charles E. Seastrand, is in default under the terms of the note mak ed Exhibit "A" and under the extension agreements marked Exhibits "Al" and "A2" by virtue of his failure to make the agreed upon monthly payments and as of Septan er 22, 1993, there is a current principal balance owing under the aforementioned note of $10,819.51 together with additional interest of $433.67 with interest accruing from and after September 23, 1993, in the amount of $3.26 per day. 29. That incidental to the above referenced note and extensions thereof marked Exhibits "A", "Al" and "A2", Defendant, Charles E. Seastrand, executed and delivered two separate Deeds of Trust both dated April 2, 1986 securing the promissory notes refered to as Exhibits "A", "Al" and "A2", which Deed of Trust encumbers the property described as follows: EXHIBIT "B" W ERE ORE, the Plaintiff, PRAYS the Court: 1. That the Plaintiff have judgment in Lem against the real estate being described in this action for the amount of the unpaid principal and interest on the respective notes referred to herein together with the costs, accruing costs, interest, attorneys' fees and expenses, as well as any advancements made by the Plaintiff herein for real estate taxes or insurance. 2. That a receiver be appointed immediately to take care of, manage, lease and collect rents frau said real estate, and apply the same to the payment of costs and expenses of said receivership, repairs and expenses of said real estate, accrued and accruing taxes and special Page -9- assessments, insurance premiums and a partial payment of the judgment to be entered herein. 3. That Plaintiff have judgment jointly and severally against the Defendant individually and the corporate Defendant in this cause in the amount of the principal and interest on the respective notes as provided for in said notes, including costs, accruing costs, interest, abstracting expense, advancements and other expenses associated with this action as well as attorneys' fees. 4. That Plaintiff's interest be decreed to be a fair amount superior to all other claims or interests against the real estate described for herein and that the interest and equities of all Defendants to this suit be declared junior to the right, title and interest of the Plaintiff. 5. That in the event the Plaintiff is required to advance further suns, Plaintiff should be given an additional lien thereon for such amounts so advanced. 6. That the said mortgage be foreclosed and the Defendants' equity of redemption be barred and foreclosed save as guaranteed by law; that in the event the Defendants do not make demand for delay of sale, that the Plaintiff be afforded sale of the mortgage property without the necessity of providing for a redemptive period. 7. That the Plaintiff's interest in the personal property as is referred to in the Petition and which was pledged as security for the notes being the subject of this action be foreclosed against all Defendants in this action and the same be placed for sale and the proceeds thereof used to satisfy the judgment obtained herein. 8. That the Plaintiff be granted such further relief as may be just and equitable in the premises. up ROBERT 1 . McGEE, P.C. a cD 230 F. 144 A - e South : 4-, Clinton, Iowa 52732 -{ �.T (319) 243-4751 n CN0003607 'C fn ; * 1 ATTORNEY FOR PLAINTIFF, GATEWAY STATE BANK .t,. c n ry F/CIVIL WORKING IN THE IOWA DISTRICT COURT FOR CLINTON COUNTY GATEWAY STATE BANK, an Iowa ) Case No. Banking Co/ ration, ) 42-0277760 ) ) AFFIDAVIT Plaintiff, ) vs. ) VETERANS ROOFING COMPANY, ) AJD INC. , an Iowa Corporation ) (,)i and CHARLES E. SEASTRAND, ) n ---4 Irxiivifi i a l ly, JOB SERVICE ) rims OF IOWA; INTERNAL REVENUE C)-4 k -.4c1 SERVICE; IOWA DEPARTMENT OF ��� REVENUE AND FINANCE; ALLEN ) M-3 rjc J. MEIER, Labor Commissioner; ) o HANSON DIRECTORY SERVICES, ) N INC., A Corporation; ) MILWAUKEE INSULNTION COMPANY, ) INC. d/b/a MAC ARTHUR ) INSULATION COMPANY, INC. , ) LaCross, Wisconsin, A ) Corporation; LUMBERMANS ) WHOLESALE COMPANY; ROBERT E. ) EVANS, Individually; EASTERN ) IOWA CREDITORS ) STATE OF IOWA ) SS: COUNTY OF CLINTON ) I, ROBERT J. McGEE, being first duly sworn on oath, depose and state that I have no agreement with any other person to divide and/or share attorneys' fees as rendered in this cause and that the fees actually charged in this action are my reasonable and ordinary fees for the services rendered. Dated at Clinton, Iowa this 15 day of C'��i�ck pti , 1993. ROBERT J. , P.C. 230 Fourth Avenue South Clinton, Iowa 52732 (319) 243-4751 CN0003607 Subscribed and sworn to before me this day of , 1993. NOTARY PUBLIC ATTORNEY FOR PLAINTIFF, GATEWAY STATE BANK 11 - • DEED OF TRUST Y THIS INDENTURE, made and executed this .2nd ....day of ._._ Apr.i.1 , 19 _86, by and between ..Charles E. Seastrand. , of the City of . .l i.n,ton . , County of C1 i nton _ , and State of . . ..Iowa _. . , first Parties, and Gateway State Bank, 601 So. 2nd St. , Clinton, Iowa a corporation organized under the laws of the State of_Lowa_with its principal office and place of business at Clinton, Iowa 52732 _ , second party, WITNESSETH: That first parties for and in consideration of the indebtedness to the second party and of the trust hereinafter created, and in further consideration of the sum of O)6VP bii) and other valuable consideration to them in hard paid by the second party, receiptWe 9 Q9ereby acknowl- edged, do by these presents grant, bargain, sell and convey unto second party, its successors and assigns forever, the certain real est.to and the appurtenances thereunto belonging, situated in the I County of . Clinton and State of Iowato-wit: A tract of land situated in the Southwest quarter of the southwest quarter of section fourteen (14) , township eighty-one (81) north, range six (6) , East of the 5th P. M. , described as follows; commencing as a point of reference at the southeast cgrner of the said southwest quarter of the southwest quarter; thence north 00 14' west along the east line of the said southwest quarter , of the southwest quarter a distance of three hundred fifteen and six-tenths (315. 6) feet to a point on the northerly right-of-way line of U.S. Highways No. 30 and 67; thence south 81° 52' west a distance of three hundred ninety- seven and six-tenths (397.6) feet to the point of beginning of the tract here intended to be described; thence continuing south 81 52' west a distance of two hundred twenty-five (225) feet to an iron stake on the easterly right- of-way line of the Chicago & Northwestern Railroad Company' s industrial spur track; thence north 10 39' west along the said easterly right-of-way line of Chicago & Northwestern Railroad Company a distance of one hundred s8venty- one and three-tenths (171 .3) feet to an iron stake; thence south 78 55' east a distance of one hundred ninety and one-tenth (190.1) feet to an iron stake; thence south 88° 10' east a distance of sixth-six and seventy-five- hundredths (66.75) feet to a point; thence south 00 14' east a distance of ninety-three and eleven-hundredths (93.11) feet to the northerly right- of-way of aforesaid U. S. Highways No. 30 & 67, being the point of beginning, all being in the County of Clinton, Iowa. u derstand that homestead property is in many cases 1721-86 protected$om the claims of credito and exempt from judicial tale. that by si ',r this contract, I CI 1;11C4-! CCL!; - 1.3 voluntarily��iw up ' . is protection for this ,- 'i;3 R^E R propertywb respect to -r,,,,. based woe this contract. 4011111. i:s: is 3: 19 Date . . „• ,, S—da EE_1.ST.= -7[27-72)-42•7.2:4,�-='-- D ate atu and also all of the rents, issues, use and profits of said land and the crops raised then, fret) date hereof until the debt secured thereby shall be paid in full, the intention being to ztIIvey`c erel an absolute title in fee to the property hereinabove described, including any righ�p hostegti and also every contingent right therein. —4r) TO HAVE AND TO HOLD the said real estate with all appurtenances thereto benging unto the second party, its successors and assigns, forever, first parties hereby coyenantipp for4em- selves, their executors, administrators and assigns, that they have full right, yrer aiia authority to convey said rear estate and its appurtenances, and that they will warrant apdrelefe of the-Title thereto unto second party, its successors and assigns, against the claims of alyeiso1T whorfl o- ever lawfully claiming the same; and the first parties hereby relinquish all thei ing*t rights including dower and homestead, which they pave in and to said described real es *. "' • :...,...._._.... ......_.. . O Provided always, that this conveyance is made in trust for the following usand poses: To secure payment to-second party;•i4s- ssigns, of all notes, obligations and lia- bilities of first parties to §econd arty,_and pp,,.wbM noto,or notes, obligations and liabilities first parties, either jointly or see,s:Qr arie fnaker, endorser, surety or guarantor. The intention of first parties hereby is to'.cove axed secure payment to second party of any indebtedness now or hereafter owing .by first parties and 'also to secure payment of any extensions or renewals of any such indebtedness or any part thereof. When all such notes, obligations and liabilities and any renewals or extensions thereof shall be fully paid, together with interest thereon, then these pres- ents shall be void, otherwise they shall be and remain in full force and effect. First parties hereby agree to pay all taxes and assessments, general or special, upon or against any of the real estate hereinabove described, or any part thereof, before such taxes or special as- sessments become delinquent and agree to keep all of the said property and the buildings thereon, insured against loss or damage by fire with extended coverage during the existence of this Deed of Trust, in at least the insurable value of such buildings in insurance companies approved by second party, its successors or assigns, and also hereby agree to deliver such insurance policies to second party as further security for the payment of the obligations herein secured. First parties also hereby agree that in the event of loss or damage of any such property by any of the hazards in- sured against, that the proceeds of such insurance, at the option of the second party, its succes- sors or assigns, shall be paid to and received by second party, its successors or assigns, and applied toward payment of the obligations secured by this Deed of Trust. It hereby expressly is agreed by and between the parties hereto and made part of this Deed of Trust that in the event of the nonpayment of any of said notes, obligations and liabilities in accordance with their terms at maturity, whether such maturity be by acceleration or otherwise, or in the event of the failure of first parties to keep and perform any of the conditions, stipulations and covenants herein contained, that then the whole amount of principal and interest secured by this Deed of Trust and then unpaid shall become due and payable absolutely, at the option of sec- ond party, its successors or assigns, and without notice to first parties, suit may be brought for the collection thereof, and for the foreclosure of this Deed of Trust. It further hereby is agreed by and between the parties that second party, its successors or assigns, may, if it so elect, pay any delinquent taxes, general or special, against the above described property or any part thereof, and insurance premiums and that any moneys so expended shall become part of the obligations secured hereby in addition to the other notes and obligations secured hereby and shall draw interest at the rate of 21 per cent per annum from date of such actual advancement by second party until repayment thereof to second party. First parties hereby agree that in the event legal proceedings by foreclosure or otherwise are instituted to collect any of the notes or obligations or liabilities hereby secured, or in the event of the collection of any such notes or obligations by an attorney at law, that a reasonable attorney's fee and also the reasonable cost and expense of an abstract of title and title search shall be allowed and added to the debt secured hereby and become lien upon all of the property hereinabove de- scribed. And first parties agree to pay such attorney's fees, abstract expense and title search ex- pense, and such attorney's fees and expenses shall be taxed as part of the costs in any judgment or decree rendered in such proceedings. If the holder of this Deed of Trust at any time becomes involved in any legal, equitable or other proceedings involving any of the security hereinbefore mentioned, or involving the proceeds of any of such security, first parties hereby agree to pay the reasonable expenses, including attorney's fees of the holder hereof by reason thereof, and this Deed of Trust shall stand as security for all such sums. It is hereby further agree ' that in case of default in any respect .n the strict performance of any of the covenants, agree. _nts or conditions of this Deed of Trus, nat the second party, its successors or assigns, either before or on commencement of any action to foreclose this Deed • of Trust, or at any time thereafter, shall be entitled to the appointment of a receiver who shall have the power to take and hold possession of the hereinabove described real estate, and rent the same and collect the rents and profits therefrom, and such rights shall in no event be barred, for- feited or retarded by reason of a judgment, decree or sale in foreclosure and the right to have 'such receiver appointed on application of second party, or its successors or assigns, shall exist during the statutory period of redemption, regardless of the solvency or insolvency of the first parties and regardless of the value of the aforesaid premises or the waste, loss or destruction of the rents and profits of said premises. It is hereby further agreed and understood that in case the first parties default hereunder in any respect, that the second party, its successors or assigns, is authorized at its option to take immediate possession of the aforesaid real estate, or any part thereof, and to rent the said real estate and shall be liable to account to the first parties only for the net profits thereof. And it is further agreed that the taking of possession of such property by second party, its successors or assigns, as provided above shall in no manner prevent or retard the collection of the notes or obligations hereunder payable, by foreclosure or otherwise. And second party, its successors or assigns, hereby is authorized to hold or to continue such possession until the said real estate is sold and if redemption of any of the property is permitted by law, then until such property has been redeemed, or until the time for redemption has expired. Obligations of the First Parties secured by this conveyance may not be assumed by a purchaser without written consent of the second party hereto. In case the title to any of the property covered by this Deed of Trust is attacked, first par- ties hereby authorize second party to employ an attorney and contest the claim, and first parties hereby agree that the reasonable attorney's fee of such attorney shall be allowed and added to the debt secured hereby, and shall become a lien upon the property covered by this Deed of Trust, and that such fees and expenses so expended shall become a part of the principal secured hereby, in addition to the notes, liabilities and obligations secured hereby, and shall draw interest at the rate of 21 per cent per annum. IN WITNESS WHEREOF, first parties have hereunto set their hands and seals at C1 inton, Iowa. 52732, on the date first hereinabove written. x... . (SEAL) x (SEAL) CD w STATE OF Iowa �� ---4 SS. COUNTY OF Clinton On this 2nd day of April , A. D. 19. ;—''. efuLe me,ihe undersigned, a Notary Public in and for Clinton, IA , personally appeared -Nj. Charles Seastrand to me known to be the persons named in and who executed the fore- going instrument and acknowledged that they executed the same as their voluntary act and deed. . TN,ESS•Iny hand and notarial seal the day and year last above written. : T. (....4-eaMAI4L/C0J41/ ` Notary Public in and for za County, Iowa 'Or f �fI _ 5� rI DEED OF TRUST THIS INDENTURE, made and executed this 2nd ...day of April , 19 .8E, by and between Charles E. .Seastrand. . .. .. , of the City of ....Clifton .. , County of . .. Clinton . , and State of _. Iowa , first parties, and Gateway State Bank, 601 So. 2nd St. , Clinton, Iowa a corporation organized under the laws of the State of Iowa with its principal office and place of business at Clinton, Iowa 52732 , second party, ,.° . w WITNESSETH: O o That first parties for and in consideration of the indebtedness to the second-gat=fy aped of7t trust hereinafter created, and in further consideration of the sum of One Dollar ($2tand othetgi valuable consideration to them in hand paid by the second party, receipt whereof is het'fkvnowi'-t edged, do by these presents grant, bargain, sell and convey unto second party, its foe ss�8 and assigns forever, the certain real estate and the appurtenances thereunto belonging, s3uated4 the County of Clinton and State of Iowa to-wit: That part of the°Southwest Quarter of the Southwest Quarter of Section 14, Township 81 NOrth, Range 6 East of the Fifth Principal Meridan, bounded and - described as follows; Beginning at a point on the Southeasterly line of Harrison Drive, distance 50 feet Easterly, measured at right angles, form the Center line of the main track of the Chicago and Northwestern Transportation Company, as said main track center line was originally located and established over and across said Section 14; thence Southerly parallel with said main track center line a distance of 550 feet, more or less, to the North line of an over- head bridge on U.S. Highway No. 30; thence westerly parallel with the center line of U.S. Highway No. 30 a distance of 26.6 feet, more or less, to a point distance 26 feet Easterly, measured at right angles , from said main track center line; thence Northerly parellel with said main track center line a dis- tance of 535 feet, more or less, to a point on said Southeasterly line of Harrison Drive; thence northeasterly along said Southeasterly line of Harrison Drive a distance of 26.6 feet, more or less,-to the point of beginning. Excepting and reserving, however, unto the Chicago & Northwestern Transportation, its lessees, licensees, successors and assigns, the right to continue to protect, maintain, operate and use any and all existing drainage, driveways, conduits, sewers, water mains,gas lines, electric power lines, communication lines,wires and other utilities, and easements of any kind whatsoever on said premises, including the repair, reconstruction and replacement thereof. -By the acceptance of this conveyance, the Grantee, his successors and assigns, agrees; (1) not to alter the drainage conditions in such a way as to adversely affect Chicago & Northwestern Transportation Company's remaining property; (2) to erect and maintain, at his own expense, a fence along the trackside line of the above described real estate, in the event a fence is required subsequent to this conveyance, by Chicago & northwestern Transpor- tation Company, its successors and assigns, or anygovernmental body having jurisdiction; (3) to take all steps necessary, at no expense to Chicago & Northwestern Transportation Company, to comply with any and all governmental requirements relating to land Platting and use. Grantor and First Natfonal Bank, Clinton, Iowa are one and the same entity. and also all of the rents, issues, use and profits of said land and the crops raised thereon, from date hereof until the debt secured thereby shall be paid in full, the intention being to convey hereby an absolute title in fee to the property hereinabove described, including any right of homestead and also every contingent right therein. 1720-86 n OFFICE Ci:::Fr3ZCFRG i J ) 1 TO HAVE AND TO HOLD the said real estate with all appurtenances thereto belonging unto the second party, its successors and assigns, forever, first parties hereby covenanting for them- selves, their executors, administrators and assigns, that they have full right, power and authority to convey said real estate and its appurtenances, and that they will warrant and defend the title thereto unto second party, its successors and assigns, against the claims of all persons whomso- ever lawfully claiming the same; and the first parties hereby relinquish all their contingent rights including dower and homestead, which they have in and to said described real estate. Provided always, that this conveyance is made in trust for the following uses and purposes: To secure payment to second party, its successors or assigns, of all notes, oggatio� and lia- bilities of first parties to second party, and on which note or notes, obligations aiiiglabtritieslast parties, either jointly or severaNy, is or are maker, endorser, surety or guarantc3f'.Zhet...intertZln of first parties hereby is to cover and secure payment to second party of any inclqitre)dne4A now or hereafter owing by first parties and also to secure payment of any extensions or_unewals of.ally such indebtedness or any part thereof. When all such notes, obligations and lia.biIl iesind renewals or extensions thereof shall be fully paid, together with interest thereon, these pres- ents shall be void, otherwise they shall be and remain in full force and effect. - n First parties hereby agree to pay all taxes and assessments, general or special. upon or against any of the real estate hereinabove described, or any part thereof, before such taxes or special as- sessments become delinquent and agree to keep all of the said property and the buildings thereon, insured against loss or damage by fire with extended coverage during the existence of this Deed of Trust, in at least the insurable value of such buildings in insurance companies approved by second party, its successors or assigns, and also hereby agree to deliver such insurance policies to second party as further security for the payment of the obligations herein secured. First parties also hereby agree that in the event of loss or damage of any such property by any of the hazards in- sured against, that the proceeds of such insurance, at the option of the second party, its succes- sors or assigns, shall be paid to and received by second party, its successors or assigns, and applied toward payment of the obligations secured by this Deed of Trust. It hereby expressly is agreed by and between the parties hereto and made part of this Deed of Trust that in the event of the nonpayment of any of said notes, obligations and liabilities in • accordance with their terms at maturity, whether such maturity be by acceleration or otherwise, or in the event of the failure of first parties to keep and perform any of the conditions, stipulations and covenants herein contained, that then the whole amount of principal and interest secured by this Deed of Trust and then unpaid shall become clue and payable absolutely, at the option of sec- ond party, its successors or assigns, and without notice to first parties, suit may be brought for the collection thereof, and for the foreclosure of this Deed of Trust. It further hereby is agreed by and between the parties that second party, its successors or assigns, may, if it so elect, pay any delinquent taxes, general or special, against the above described property or any part thereof, and insurance premiums and that any moneys so expended shall become part of the obligations secured hereby in addition to the other notes and obligations secured hereby and shall draw interest at the rate of 21 per cent per annum from date of such actual advancement by second party until repayment thereof to second party. First parties hereby agree that in the event legal proceedings by foreclosure or otherwise are instituted to collect any of the notes or obligations or liabilities hereby secured, or in the event of the collection of any such notes or obligations by an attorney at law, that a reasonable attorney's fee and also the reasonable cost and expense of an abstract of title and title search shall be allowed and added to the debt secured hereby and become lien upon all of the property hereinabove de- scribed. And first parties agree to pay such attorney's fees, abstract expense and title search ex- pense, and such attorney's fees and expenses shall be taxed as part of the costs in any judgment • or decree rendered in such proceedings. If the holder of this Deed of Trust at any time becomes involved in any legal, equitable or other proceedings involving any of the security hereinbefore mentioned, or involving the proceeds of any of such security, first parties hereby agree to pay the reasonable expenses, including attorney's fees of the holder hereof by reason thereof, and this Deed of Trust shall stand as security for all such sums. It is hereby further agree' that in case of default in any respect '• the strict performance of any of the covenants, agree,. .nts or conditions of this Deed of Trust nat the second party, its successors or assigns, either before or on commencement of any action to foreclose this Deed of Trust, or at any time thereafter, shall be entitled to the appointment of a receiver who shall have the power to take and hold possession of the hereinabove described real estate, and rent the same and collect the rents and profits therefrom, and such rights shall in no event be barred, for- feited or retarded by reason of a judgment, decree or sale in foreclosure and the right .to have such receiver appointed on application of second party, or its successors or assigns, shall exist during the statutory period of redemption, regardless of the solvency or insolvency of the first parties and regardless of the value of the aforesaid premises or the waste, loss or destruction of the rents and profits of said premises. It is hereby further agreed and understood that in case the first parties default hereunder in any respect, that the second party, its successors or assigns, is authorized at its option to take immediate possession of the aforesaid real estate, or any part thereof, and to rent the said real estate and shall be liable to account to the first parties only for the net profits thereof. And it is further agreed that the taking of possession of such property by second party, its successors or assigns, as provided above shall in no manner prevent or retard the collection of the notes or obligations hereunder payable, by foreclosure or otherwise. And second party, its successors or assigns, hereby is authorized to hold or to continue such possession until the said real estate is sold and if redemption of any of the property is permitted by law, then until such property has been redeemed, or until the time for redemption has expired. Obligations of the First Parties secured by this conveyance may not be assumed by a purchaser without written consent of the second party'hereto. • In case the title to any of the property covered by this Deed of Trust is attacked, first par- ties hereby authorize second party to employ an attorney and contest the claim, and first parties hereby agree that the reasonable attorney's fee of such attorney shall be allowed and added to the debt secured hereby, and shall become a lien upon the property covered by this Deed of Trust, and that such fees and expenses so expended shall become a part of the principal secured hereby, in addition to the notes, liabilities and obligations secured hereby, and shall draw interest at the rate of 21 per cent per annum. IN WITNESS WHEREOF, first parties have hereunto set their hands and seals at Clinton. Iowa 52738 on the date first hereinabove written. x... . .. (r.�. .: '_.11148_ (SEAL) Charles E. Seastrand X 4SEAL) - - w o STATEOF Iowa 11110r'43 room SS: C) COUNTY OF Cl intOn 8 am s On this 2nd day of April , A. D. 19-... fore'me t1e Clinton, IA h' undersigned, a Notary Public in and for , personally appeared _Charl es...S.east.r_and to me known to be the persons named in and who executed the fore- going instrument and acknowledged that they executed the same as their voluntary act and deed. WITNESS my hand and notarial seal the day and year last above written. • . 4.1 •• 84.1z1,4412 : .• Tp �; ,� Notary Public in and for County, Iowa -- • - - - --Tr •i.iliI LL) LLfl 1L-1LV/ J/ / - - ,\ Borrirver(s) Veterans Roofing CO. Inc. Lender'ss' " 1-26 to 89 NameO 2050 Li ncol nway Name GATEWAY STATE BANK matfa"" 1-25 19 92 & Clinton, Ia. 52732 & CLINTON, IOWA 52732 Loan No- �. -�h`'z"_�l_ .. Addressfes) Address �tO0�,O'U LoanAmtS The undersigned Borrower(s) (if more than one,jointly and severally .;nd hereinafter,whether one or more, called Borrower) promises to pay to the order of the above named Lender(at the Lender's address shown above) the Principal Sum of: Sixty_Sholisa nrl and No/100 _ -_ Dollars, plus interest from;1-26-89 until final maturity at the rate of 12.5 %per annum,payable according to the following payment schedule: (a)Ell,Upon demand. (b)❑Upon demand,but if no demand is made,then on ,19 (c)❑On • ,19 , 1. Accrued interest is due and payable _ and at the maturity indicated. (d)ggyylfchecked,this Note is payable in 36 equal installments of$ 2,007.21 each,beginning 2-24 ,19 89 , and:on'the same day of each _Month thereafter until.1-25 , 19 92 , when the unpaid balance of principal and • interest shallbedue arid payable. ' (e)El . . I. VARIABLE INTEREST RATE:❑If checked, the interest rate on this Note is subject to change from that stated above, so as to be the following selected Index Rate: • 1 a , cif a variable interest rate applies to this Note: (a)the amounts of air payments scheduled above'will be adjusted to reflect changes in the effective interest rates, and(b)if no Post-Maturity interest rate is specified below,interest will accrue after final maturity on the same variable rate basis as interest accrues before maturity. ❑ The interest rate'on this Note shall not be less than the annual rate of • per cent ❑ The interest rate on this Note shall not exceed the annual of per cent. Notwithstanding,iar�fthing to the contrary contained herein,the interest rate on this Note shall at no time exceed the highest contract rate permitted bylaw. C•hanges inthe!ndexRateshalltakeeffectonthisNote: ❑on the same day; ❑on the day following the day; 0 on the first day of the • following'.he'day;such;changes in the Index Rate take effect. - INTEREST: Payments;,when made,will apply first to charges other than in- POST-MATURITY INTEREST:The unpaid principal amount of this Note shall tear terest or principal,then to accrued interest, and finally to principal. interest after final maturity, including maturity by acceleration, at the anr.ial rate ❑If checked,any accrued interest not paid when due(whether due by reason of %. of a schedule of payments or due because of Lender's demand)shall become PREPAYMENT: ❑If checked,Lender has the right to impose a penalty upon pre- pare of the principal thereafter,and shall itself bear interest at the applicable payment.If not checked,Borrower may prepay this Note at any time pnor to maturity interest rate, 'I ' without penalty.Any partial prepayments shall not relieve or diminish any scheduled subsequent payments of principal or interest until all obligations are paid in_-SII. SECURITY: (a)In addition'to Lender's right of set-off set forth on the reverse side, Lender is secured by the proceeds and unearned premiums of any insurance policy purchased by the Borrower in connection with the Loan evidenced hereby. Borrower agrees to keep any Collateral securing this Note insured against such risks,'with such limits,and upon such additional terms and conditions as Lender may reasonably require. Lender shall be named as additional loss payee under •said policies:Lender is hereby authorized (but not required or obligated)to act as attorney in fact for Borrower in making and settling claims under said policies and endorsing Borrowers name on any drafts or checks paying losses under said policies.(b)This Note may be secured by prior or subsequent security documents notwithstanding that such security is not indicated hereon. (c)Borrower hereby grants to Lender a Security Interest in all other personal property of the Borrower .of every kind and description which is now or hereafter comes into the possession of the Lender for any reason, including, but not limited to property delivered to Lender for safekeeping, or for collection or exchange, and all dividends and dii}}stri tions o a other rights in connection with such property. ;j;(d))01 If ecked, l:this Note is secured by a separate Deed of Trust t 17�fL B dated April 2 , 19 86 ••,,(e), If Checked;this Note is secured by the Security Agreement hereafter and Borrower hereby grants to the Lender a Security Interest under the Uniform .- --. . ,ninty.•tat•a,c.cter-rr-li.�^folieti;: '^n:;.,r Z_...�._ _' , ' :..... .s�`. ' U INVENTORY: All inventory of the Borrower,whether now owned or hereafter acquired and wherever located. 15 EQUIPMENT:All equipment of the Borrower,whether now owned or hereafter acquired, including but not limited to all present and future machinery, vehicles,.furniture,fixtures,manufacturing equipment,farm machinery and equipment,shop equipment,office and record keeping equipment,parts + and tools,and the goods described in any equipment list or schedule herewith or hereafter furnished to Lender by Borrower(but no such schedule or list need be furnished in order for the Security Interest granted herein to be valid as to all Borrower's equipment). FARM PRODUCTS: All farm products of the Borrower, whether now owned or hereafter acquired including but not limited to (i) all poultry and ti livestock and their young, products thereof and produce thereof, (ii) all crops, whether annual or perennial, and the products thereof and (iii) zll • - feed,seed,fertilizer, medicines and other supplies used or produced by Borrower in farming operations. • .XR ACCOUNTS AND OTHER RIGHTS TO PAYMENT: Each and every right of the Borrower to the payment of money, whether such right to payment now exists or hereafter arises,whether such right to payment arises out of a sale, lease or other distosition of goods or other property by the Borrower,out ' . '.. of a rendering of services by the Borrower,out of a loan by the Borrower,out of the overpayment of taxes or other liabilities by the Borrower or otherwise arises under any,contract or agreement,whether such right to payment is or is not already earned by performance,and howsoever such right to payment may be evidenced,together with all of the rights and interest(including all lions and security interest)which Borrower may at any time have by law or agreement .` against any account debtor or other obligor obligated to make any such payment or against any of the property of such account debtor or other obligor; all including but not limited to all present and future debt instruments,chattel papers, accounts, loans and obligations receivable and tax refunds. ', fiGENERAL INTANGIBLES:All general intangibles of the Borrower,whether now owned or hereafter acquired,including but not limited to,applications for patents,copyrights,trademarks,trade secrets,good will,trade names,customer lists,permits and franchises,and the right to use Borrower's name. kg In addition to any property generally described above,the following Collateral:• ., ;1986 Chevrolet C20 3/4 ton pickup VIN# 1GCGK24M1GJ133677 4-�-te'e/'...,424z-i 7- Z" `C0-4 ,;=1988.Chevrolet C10 1/2 ton pickup VIN# 1GCDK14H5JZ196340 `o ;-_; 1. , ,;1986 Plymouth Voyager Van VIN# 2P4FH51G2GR628729 *c--) ' i; ;:,973 Chevrolet CE6 Truck VIN# CCE613V125161 )>......1 _ ,,:_. -1978 GMC Truck VIN# TKL148F721023 .1978 GMC Truck VIN# TCL338J524981 — 1975 .ChevyiTruck .VIN# CCE615V125375 1967 INTL Truck VIN# 416060H672167 z<r-.' : , 1979 .Chevy Truck VIN# CCL339V13440 %1978 Jeep VIN# J8F93EA150625 --PI ' 3 together with all parts, accessories, repairs, improvements and accessions thereto; and proceeds, products and issue then now or hereafter at any ' time made or acquired:(See other side for additional terms.) Except as limited by the"Secured Obligations" paragraph on the reverse side,Borrower agrees that this security agreement secures&all debts Borrower may owe to Lender now or in the future whether or not the debt is secured by any other collateral or indicates that it is secured by this agreement i Purpose of Credit:' Refinance Debt Description of Real Estate if above Collateral is crops,growing or to be grown,timber, •':❑if checked,this is a Purchase Money Loan. minerals (including oil or gas) or fixtures — d;.Borrower will use Collateral listed on this Security Agreement for: P1i ❑Farming operations CI Business purposes CI - If other than Borrower, name of Record Owner _____—__ P. 1 Any person who sighs within this enclosure grants to Lender a Security Interest in the Collateral listed in Paragraph(e)and agrees to the terms of the Security ❑If checked,this Agreement is to be filed(for record)in the real estate records. Agreement but assumes no personal obligation to repay this Loan. I AGREE TO THE TERMS SET OUT ON THE FRONT AND BACK OF THI$ Signed Date AGREEMENT. I have received a cop -of. this document on today's date. V / f; �l X . �° ' .� 4 c` :.'_._ ;Tower; (AUTHORIZED SIGNATURE OF LENDER SIGN ONLY IF SIGN XX a . (� 'NECESSARY FOR FILING THIS DOCUMENT OR A COPY HEREOF) _ III �� Ia :dtf66ikr1 HERE �� PROMISSORY NOTE&SECURITY AGREEMENT XXX I!A. -C1 i _ -a. +•� . V :ni' 0 1982 BANKERS SYSTEMS,INC.,ST.CLOUD,MN 56301 FORM PNSV.IA 9110/87 Notice:See other side for important information which is part of this document txhl (t /IC u veterans Kooting uo. , inc'LOAN EXTENSION AGREEMENT '-;1` S/ �J 9 2- (324f."617'. - .-.� Note No. ?I0CITY STATE $ � c 9c 7�'/ Date 7.}, - /7 19 c'; . ANNUAL Amount Financed • FINANCE CHARGE PERCENTAGE RATE Total of Payments s •jo 3j,,7, s 'lK/r // 5_ % s 47 k This Is'{he amount you . This Is the dollar amount This is what your loan This Is the total amount .. are borrowing. this loan will cost you. will cost as a yearly rate you will pay If you make all • of interest. payments as scheduled. IT IS REBY AGREED that the . eve nu ered note, or payment,- ori.which there is an unpaid balance of �Gf t -r.,10 ��� rPi� ��,C�� /./,‘,., �$ �,���( . / G� ) DOLLARS, hereby extended to become due / 7 shall be and Is a eby EXPLAIN and the undersigned, in consideration of the extension of time for payment, does hereby agree to pay a fee of S r andfurtheragrees to pay the said note, or payment, as above specified together with interest at the rate of /�'-' ' per cent per annum, payable � c EXPLAIN (MONTHLY - SEMI-ANNUALLY) from /04. •r/ ' ^ , 19 ( L until the maturity as herein specified and at the highest rate allowed by law,from maturity until fully paid.All terms and conditions of the original note and any security thereto attached is fully Incorporated herein and fully ratified except as specifically modified by this extension agreement. By executing this Extension Agreement,the undersigned acknowledge receipt of a completely filled-in copy prior to consummation. I/We affirm that there are no unwritten oral agreements betreei the nder,�nd /us. GATEWAY STATE BANK ;j�• 1 '' ,�(/ i 601 So. 2nd St., Clinton, IA 52732 � ►i ��� A. A. .L_.i►�'ru� CREDITOR - CUSTOME j . I By gI ,it TITLE CUSTOMER Form 2-210—Order Fr m AN EQUAL OPPCRTUMIT`.► LENDER E.Greene b Co. P.O.Box 1017 Fairfield.N J 07006 C / w CJ O d ):3. :{—� esu.. ls) e —4 :- C = mn)Y Cil N. C Y11,1.`-{ a Note No. : CITY - / STATE • r/ p C S 30 �J %�. /O Date — 6 19 i ANNUAL • 'Amount Financed FINANCE CHARGE PERCENTAGE RATE Total of Payments _;t sag-,Z,. 7t $.736,4".-&‘ //5' -i. $ 3 /77 dr ,This is the amount you This is the dollar amount Thls Is what your loan This is the total amount ' are borrowing. this loan will cost you. will cost as a yearly rate you will pay a you make all - • of Interest. payments as scheduled. IT` ISS�HERE¢BYY AAG�EED that the above n mbered /note, ,orr payment, on which there is an unpaid balance of/�'N4 lif7/..."rin.-v -. ,. -*-r..—Ate/- . l7Grri a2' /�/,(3 IC-n . 7.7 DOLLARS, shall be and is hereby extended to become due /12 — / '— / EXPLAIN and the undersigned, in consideration of the extension of time for payment, does hereby agree to pay a fee of $ ""—C— and further agrees to pay the said note, or payment, as above- vespecified together with interest at the rate of //CC " t per / � "7cent per annum, payable ""' / 7 EXPLAIN (MONTHLY - SEMI-ANNUALLY) from -7 - oz-0 , 19 2----until the maturity as herein specified and at the highest . rate allowed by law,from maturity until fully paid.All terms and conditions of the original note and any security thereto attached is fully incorporated herein and fully ratified except as specifically modified by this extension agreement. By executing this Extension Agreement,the undersigned acknowledge receipt of a completely filled-in copy prior to consummation. I/We affirm that there are no unwritten oral agreements between the Lender and me us. GATEWAY STATE BANK Vet-'ans 'oof' g •' ' In 601 So. 2nd St., Clinton, IA 52732 (t) , 21 ,S, / S CREDITOR CUSTOMER -_ J By (r , 9i TITLE CUSTOMER AN EQUAL OPPORTUNITY LENDER Form 2-210 B COrder From P.O.Box 1017 Fairfield.NJ.07006 t V I A II f Ie 1 Y g11 t be•f c 01 .a..N1..1411., 1\VVI Illy ,.V. 1111.. Charles E. Seastrand:Pres.LOAN EXTENSION AGREEMENT Charles E. Seastrand:Personally Note No. 6251009392 Clinton Ia. • CITY STATE s 30,892.78 Dale 11-26 19 91 ANNUAL Amount Financed FINANCE CHARGE PERCENTAGE RATE Total of Payments $ 30,892.78 $ 1,839.60 11.5 -y, $ 32,732.38 . This Is the amount you Thls Is the dollar amount This is what your loan This is the total amount Tare borrowing. this loan will cost you. will cost as a yearly rate you will pay It you make all • of interest. payments as scheduled. IT IS HEREBY AGREED that the above numbered note, or payment, on which there is an unpaid balance of Thirty-Thousand Eight Hundred Ninety-Two and 78/]i®0 30,892.78 ) DOLLARS, shall be and is hereby extended to become due June ..., 1:7,32-• ExPLAIN and the undersigned, in consideration of the extension of time for payment, does hereby agree to pay a fee of $ and further acrees to pay the said note, or payment, as above specified together with interest at the rate of 11.5 at maturity og per cent per annum, payable y • EXPLAIN (MONTHLY • SEMI•ANNUALLY) from 11-26 91 , 19 until the maturity as herein specified and at the highest ' rate allowed by law,from maturity until fully paid.All terms and conditions of the original note and any security thereto attached is fully incorporated herein and fully ratified except as specifically modified by this extension agreement. By executing this Extension Agreement,the undersigned acknowledge receipt of a completely filled-in copy prior to consummation. I/We affirm that there are no unwritten oral ag ee ents betwee the Lender and me/us. GATEWAY STATE BANK : ' lea i - - .i,; lin 4 !/.: 601 So. 2nd St., Clinton, IA 52732 ,I ' R_ PI M• � _ % CREDITOR C DMER __ yf cel l ByA•"3.324-4 .4,-g' 7y`>r A A l ' iPr, Mal�b�s TITLE -^ GUSTO R Form 1-210—Order From AN EQUAL OPPORTUNITY LENDER E Greene 6 Co P.O.Box 1017 Falrlmld.N 07006 • t • 1 C.) *n o 3'—, ro c)-< 1D 44)1114/1)'‘ fir" rn 7� 0, 3 `xi w L xh. h. f C s ,V YV 1 411.1 1♦VV 1 111\. VV• ill\.a.VM1� SAI Gf,O1\/I, &&&&&mCI\1 Charles E. Seastrand:President • 'Charles E. Seastrand:Personal Note No. 62519192 Cl i bi on sTA7p s 40,444,72 Date April 24 19_91 • ANNUAL Amount Financed FINANCE CHARGE PERCENTAGE RATE Total of Payments $ 40,444.72— $ NA 12.50' V. $ NA •This Is the amount you This Is the dollar amount This Is what your loan This is the total amount , are borrowing. . this loan,will cost you. will cost as a yearly rate you will pay If you make all of Interest. payments as scheduled. IT IS HEREBY AGREED that the above numbered note, or payment, on which there is an unpaid balance of Forty Thousand Four Hundred Forty-Four & 72/100 (s 40,444.72 ) DOLLARS, shall be and is hereby extended to become due November 15, 19910,,AIMonthly payments of 2,000,00 beginning M4y 1, 1991 and on the same day Parh month thereafter until November 15, 1901 and the undersigned, in consideration of the extension of time for payment, does hereby agree to pay a fee of $ and further agrees to pay the said note, or payment, as above specified together with interest at the rate of 12.50 • per cent per annum. payable mnnthl V EXPLAIN IMONTaLY - SEMI-ANNUALLY) from April 24 , 19_21—until the maturity as herein specified and at the highest rate allowed by law,from maturity until fully paid.All terms and conditions of the original note and any security thereto attached is fully incorporated herein and fully ratified except as specifically modified by this extension agreement. • By executing this Extension Agreement, the undersigned acknowledge receipt of a completely filled-in copy prior to consummation. GATEWAY STATE BANK � :� 1 601 So. 2nd St., Clinton, IA 52732 / $46.-r CREDITOR GUSTO ER By . TITLE L/ CUSTOMER Form rO°`From AN EQUAL OPPORTUNITY LENDER c. ea Co P.O.Boa 1017 Fairfield.N.J.07006 I to L.+? O0 'r- — .21 'a 1,3 ji rrt _, o� y ))jd Oj •a EJXc,, /,./ C q TITLE NO. STAT!OF IOWA ORIGINAL CERTIFICATE OF TITLE TO A VEHICLEM TITLE NO. STATE OF IOWA ORIGINAL CERTIFICATE OF TITLE TO A VEHICLE Benizten 123---W0-724 tW33 roC,L.INI0N VALID/YR. 23-043929 87 23—W087274 ex). CLINTON VALID/YR. .2,5:-'03 0 08 ISSUE DATE -4 O 2 i3 6 PLATE NOJYR. EI J f 7 4 t 86 ISSUE GATE 1.0'-27-87 PLATE NOIYR. ]•.I..3 3 7 7.-.. i_I 6 Mvc142; S 38527 3 Mvc2 Mvc1 421 287977 3 Mvc2 OWNERI ETF RANS ROOFING CO OWNERI VETERANS ROOFING CO OWNER2 OWNER 2 • ADDRESS2050 LINCOL.NWIIY • ADDRESS 2050 I_INCOLNWAY cIrY.sT.CLINTON :i:A 52732 arc sr. CLINTON IA 52732 CODE VIN TC.7. 44D509 1789 RM 00 CODE U VIN 'I GCGC2 3-J i C.J 1'42615 RM 08 TYPE k, MAKE (.T 3•i i_; YR. 74 SERIES MODEL T C',3 096'3 TYPE K MAKE C.H E V YR. 82 SERIES MODEL 0 0 0 0 STYLE TIC CYL 08 COLOR DLL) W I-I:I: FUEL C: wr. 03 TON DB STYLE TK CYL COLOR ;;I I_ FUEL (; WT. 03 TON DB LP PREV.TITLE 23•--W042,;.68 TITLE PEN. SR •i ../._8tf LP PREV.TITLE 82—P054516 TITLE PEN. SR .10-07 PR ;;)'-?.,•.0331 2(1 USE TAX 152.00 FEE '76.00 PR 82-660)0.03 USE TAX 248.00 FEE 41 .00 YR. :- SO.FT. MILEAGE OTHER FEES OR PENALTY .1.;:;y YR. X85 SO.FT. MILEAGE 68952 OTHER FEES OR PENALTY .00 • C K• •r F r:. ..:!? ANNUAL .'i'') l) 7 TOTAL �I O(7 8 0 FEE 45 .00 ANNUAL 45. 1:)(-; TOTAL 41 .00 1i• 01St. T1.•s•! •:::ii.Ei,1' 1.i �'V'f t. • •.•} :J •\.' w4 sa-f:., ;Itt.'A w �C. s:1 I •11, tt_ .1...:.: y•t. • �• ;I :2:2:.. \. w :••�tl:�ne'A; � u.. t�►+w.ii - � �:•^E�•L�.w.f.A�i•. -i__ �� ....�?a=�:���� �sL'2�1�wf.a:_�•..+.�-.�- '��-�i•�i�.A-� .w�Pe.4!-SU.' .__ . -.E `4 ODOMETER ,54,53 n 2 ° 3 5 2 ODOMETER IJ PRI}v�owNE a E -1 t,1 is R. _J C;H N PREV.OWNER B I E S T E R, DAVID Ac itss ---Q41 2 '1 'w A V E. ADDRESS . R R 2 v CLINTON ..Il ;:.11:;,7 OITY.ST. DIXON IA 52745 . ST. 4 IF F1dfE If NONE THERE ARE NO SE M INTERESTS ON THIS VECLE EXCEPT AS FOLLOWS 'X"NERE k THERE ARE NO SECURITY INTERESTS ON THIS M S VECLE EXCEPT AS TOtLOM'S �X-"EAE A 1ST SECURITY INTEREST 1ST SECURITY INTEREST DATE 3-9-88 NO. 1126007 DATE 3-9-88 NO. 1126008 HELD BY GATEWAY STATE BANK HELD BY GATEWAY STATE BANK ADDRESS 601 SO 2 ST CLINTON, IA 52732 . ADDRESS 601 CO 2 CT CLINTON, IAX2732 `11 KENNETH E WEAVER„ KENNETH E WF4VERBY r7s-i, t COUNTY TREASURER 7'"OLUZY— ,',j COUNTY TREASURER ' Q1;PLIY�/•a . C+•�`+T 1.�N v CANCELLATION OF 1ST SECURITY INTEREST CANCELLATION OF 1ST SECURITY INTEREST DATE NO. DATE DATE NO. DATE HOLDER OF SECURITY INTEREST COUNTY TREASURER HOLDER OF S BY a• BY DEPUTY BY DEPOT' 2ND SECURITY INTEREST 2ND SECURITY INTEF DATE NO. DATE HELD BY HELD BY / ADDRESS ADDRESS /_ COUNTY TREASURER BY DEPUTY COUN �'J7 CANCELLATION OF 2ND SECURITY INTEREST CANCELLATION OF 21 DATE NO. DATE DATE _ — • HOLDER OF SECURITY INTEREST COUNTY TREASURER HOLDER OF sil. COUNTY IREATUIIER BY DY DEPUTY BY BY DF.PUT WITNESS MY HAND AND OFFICIAL SEAL WITNESS MY HAND AND OFFICIAL SEAL ;-, 1 c;::.:(;:,LI. 01 00049 � FOqS FACE $ i .!:50 KL�.i'3N1_T1•-I F:: ., WE`ilV[:I BY KENNETH E. WEAVER BY i) LJ \ l 1�( S OEPIJT COUNTY TREASURER C:# ��� COUNTY TRf ASUIIEN .Ef9 tG10 .. 1 FEFR I 1 X00.. 00 M 10,1 .. Cf 91iHr.lf rN i„I X 1..v.G,ECEPTM.CA+f OF TITLE .. . pun X S.Iv..,t r.FM'i i.i..0 T„t t:..• SIGNATURE OF OWNER-SPELLING SAME AS TITLE ISSUED SECu1n1,INTEREST ,•,r SIGNATURE OF OWNER-SPELLING SAME.AS TITLE ISSUED .T c,,AIr,..N..T, T• .7.. I .. 'Jl t .:i .CO. c Li:1.4' •o IA VAUDA•A. • 2,3._ �2 2'�. 9 .. .I:_ .. ..(. CO. ... i .. • VAUD/YR. . :5�7':. r ISSUE DATE O� • O O SS 3 P ATE'NO/YR. F L •i 2 8 Jt .j ...::z c V -'0 W-"i:)(:) Z•J../C:1,:/;_ Lr U ISSUE DATE 1 • fi✓... PLATE NOIYR. ... `Y i _::..e., MVC1 .42.1 1 :3252 7 MVC2 NYC -*.4;712L - i 17 ._ MVC2 OWNER 1 1::C 1�'-.n ROOFING _ COWNER 1 t.' . f'•i I'+i i''.l.J i.J l' ._i':J s, ..;Li ..,.;4(•,ETL:.l-til-Ih�I.. ROOF 1:NG CINC OWNER 2 OWNER 2 . . . ADDRESS .r'0 •0 I_.1.N C 0 I...N.W A'IT .. • ADDRESS .'0 ''.) ,...a.N L.0 L..i+J W N.1 CITY.ST. C L.114.1..O I A `_>ry 1'3 2 • CITY.ST. -L„:I."•:.}_:.1 i'1 ".. . . : .• CODE VIN 'i !v i..ii 4.3 3 W 6 If.Lt 1 5. r I.)5 AM :)2 CODE VIN • i i .. ..'f 1'....i 4.:'l .l::i TYPE je, MAKE CH E,V YR. ',.1 SERIES MODEL 0 0 0 t'10 TYPE 1 MAKE I;•y Fr,,i YR. .. SERIES MODEL ' I ':1 -`I.`I." STYLE •Y•l{ CYL I,y L) COLOR 1.::1T,J) LJ i',.1• FUEL f,Y WT• f:7.:, 1 a i'4 DB STYLE ..!••, CYL ':'7'.:; COLOR !...:.!., !. :.. FUEL ;.. WT. y/,.; ( '..:1q D0 , ', LP PREY.TITLE :i::'""L.:;),:i_Y{;i 6...i TITLE PEN. SR lJ 8'-a i:>i LP PREV.TITLE '"•;,; TITLE PEN. SI1 PR 0lC USE TAX 290.0%1 FEE 6!.00 PR ,.• USE TAX FEE ,Z it, ;)•;`I YR. .. SO.FT. MILEAGE '. ;i .. ' � OTHER FEES OR PENALTY , ....0 0 YR. ' SO.FT. MILEAGE OTHER FEES OR PENALTY ,. FEE '�- ANNUAL ` . : TOTAL FEE _- ' ANNUAL _ !OPAL "is -- •�+.r _ CJ' J>I 7•-m•'Yr. T"rF�r, . ST-fix••. � �t:yam. ,F_• .S - .rt, .r• •.1-7 — .... _ .. j.a h.: :i..• ►• t.•ki .II •:,►�,'�' 'ei• A V.•►. •• • ! ' •h►aF .-•...t. ...,•:41:,(41: ..,•..-..-._ 1::is. •/,� .. '.. •►r Ft, ..7 h►. :\'-•`.-t. _ •: �-ice„ ..!v...1:'.1+..'.3._. .,�.�--�.�N.F•f-E:•-ti•!v'�.l..4•A'..,..,`......:.;;..-1.:..-.L..�•.� te :_: . �tF• is E��,1-'' l• r;I' �� ��� ,_ 'r �!.. .r 3-...i.�i :1•. :i:_ •......�ti-�_ NSI-E.�-.�� .LIE-�.r►A:.s-':. �:t-� :�� �.�a:. ODOMETER ODOMETER P 1 4 5 7 1 5 P 1 3 2 3 8 1 PREv.OWNER K F;r s P s:..K Lo`' VJ 0 i,1...A7 PRE V.OWNER ADDRESS 3 0 8 }_ 35 T H .`T • ADDRESS ... ... CITY.ST. !_+i•i`v L..,d P R_•FZ .1.i-•i •.,•..,.., i CITY.ST. ...,..7 .. ... . .. IF NONE • IF NONE THERE ARE NO SECURITY INTERESTS ON THIS VEHICLE EXCEPT AS FOLLOwE. •x'HERE THERE ARE NO SECURITY INTERESTS ON THIS VEHICLE EXCEPT AS FOLLOWS jX'HERE 1ST SECURITY INTEREST 1ST SECURITY INTEREST % 1 DATE G1-0`[-8`I Na 01537787 DATE 3-9-88 NO. 1126012 T, HELD BYGATEWAY STATE BANK HELD BY GATEWAY STATE BANK J ADDRESS 601 SO 2 ST CLINTON, IA 52732 ADDRESS 601 SO 2 ST CLINTON, I�A 52732 ' KENNETH E. WEAVER BY ti5 r.00T d( KENNETH E WEAVEg. r1)71 COUNTY TREASURER .DERW4Y COUNTY TREASURER "E'POIY CZ"!V CANCELLATION OF 1ST SECURITY INTEREST CANCELLATION OF 1ST SECURITY INTEREST DATE NO. DATE DATE NO. DATE HOLDER OF SECURITY INTEREST COUNTY TREASURER ..w nER ru cFr:uRITY INTEREST COUNTY r�aEeuRER x.17 BY_ _ _ . BY DEPUTY BY 't--, C) DEPUT• 2ND SECURITY INTEREST 2ND SEC .1=1.- —. DATE NO. D/ c-1—,c �� - �C, "3 > // HELD BY HELD BY ..:(r. r� �' ADDRESS ADDRESS T te 2 COUNTY TREASURER BY Y DEPUTY �� / CANCELLATION OF 2ND SECURITY INTEREST CANCEL CA) DATE NO. DATE DATE HOLDER OF SECURITY INTEREST COUNTY TREASURER ASURER Fi BY BY DEPUTY BY 'DEPUT WITNESS MY HAND AND OFFICIAL SEAL WITNESS MY HAND AND OFFICIAL SEAL EI NF I "f F.. i.i i'I1• L:.I". BY1 APi DEPUTY • B .. , . Y• DEPUT` COUNTY TREASURER FLET COUNTY MEASURER FEES CERI,..C.IE L.II,.! '• I I ' J1) T rr i { ' CE..TIFIC.TL W 11111 X a.LNW CENUF•C.I.W..yE UW X I)?,-c I/1 '1 ,.`LL F h ..A,..M L.wI•,ILA I L.N TOILE. tI I SIGNATURE OF OWNER-SPELLING SAME AS TITLE ISSUED .Ec..MT..NTERLET NSA. SIGNATUFI/ryypf OWNED-SNE&LI TLF ISSUED IEC*W.fIN,EN.NT . . L... FORM 4111 Tb 1437 H-6887 WWICATI"lit 1.0_1 !IIRM Ili 1.1 I11.$)-H.ey11JR I. . ,%r% '.J': ,171/4: our%!EA r.ITN. WIN TITLE NO. STATE OF IOWA ORIGINAL CERTIFICATE OF TITLE TO A VEHICLE EIEEE1542= TITLE NO. STATE OF IOWA ORIGINAL CERTIFICATE OF TITLE TO A VEHICLE ISSEVEZeic LLL :' _ co. ;. . .._... . . VALID/YR. 2'3--WI] T9750 Ico. CLINTON VALID/YR. 23-04421 E? f. 7 Ey fY t� '_ ISSUE DATE .�_".:3x'4 . PLATE NO/YR. -,"...- ..' ISSUE DATE f".. 1 O ,E 8--t:3..! PLATE N(1./VR. l.r I'l �'��•S) f km, - 1 : '-T "` . - MVC 2 MVC I 421138527 3 MVC 2 OWNERI :.................::.'..:.� n-.{..,......,,1... :...'.. ypc OWNER VETERANS ROOFING CO OWNER 2 F I I ! l OWNER 2 • • ADDRESS itltltl _ i t ADDRESS 520 3 AVE SO CITY,ST, 93 OCT 29 AM i• A 53CITY,ST. CLINTON IA 52732 CODE YIN . CODE VIN TCL33O..15249 1 RM (: TYPE MAKE YR. . SERIES MODELTYPE I( MAKE (7MC YR. 78 SERIES MODEL ���� CLERK FUEL G WT. 7 DB STYLE CYL COLOR FUEL -WT. STYLE T K CYL 0 0 COLOR W I-II 0., 1 O • 10 lA C I`i�Y� IOWA 1 -f LP PREY.TITLE • TITLE PEN. SR LP KIEV.TITLE 23—IA04 (522 TITLE PEN. SR PR • ... USE TAX FEE . .. PR .73-36 47 USE TAX 180.00 FEE ,;> YR. SO.FT. MILEAGE PENALTY YR. 85 SO.FT. MILEAGE 67920 OTHER FEES OR PENALTY L FEE ANNUAL TOTAL •!7 L FEE 7 . C. ( ANNUAL I A . TOTAL '') ��r �,;� V•Tr '7•.�.._ A �.- - �.re"' .�.•q T:+Y.: : E^�",. .T rs•T...717437+,41.7711-17::1A•7‘' .F+,;_-:�::1A•• .it ilk. ' ++F:'/ -� i T.�+! "r 1:.�^r�•::►-•I �... . :Y'. ..rr i'f;`1 rte-: r- i"•f•'. • !• �• �'•.:� '� 1"FP! L:•*:` I.• i. •.E•4A •1 '.i :q �!r Ems• h.L :Ef . fE• s.. '• E �..•-f I. t./ q•s. •1 .. P r tom• Wg•► 1.. •�1....6.- -1.'4.4.4,-1 M •�' J 1.. �1' 1 � • M• ��� J • ;. }r•a lA{Rt •�t�• �i�+w. : • •U. - `-_� ��..- �V -- - ..�.-••{4'��.Giw1�s!�i1.Yil.aw.ii:.w`w •�•��tM►IL. •A- - �--jam• - - 0177641 ODOMETER 0151 471 ODOMETER . . ...._ J PREY.OWNER PREY.OWNER HICKS S E_R V I C E I N C ADDRESS ADDRESS 607 S i T a 1 cm,sT. CITY.ST. C!_:ENTON IA 52732 iF NONE IF NONEI THERE ARE NO SECURITY INTERESTS ON THIS VEHICLE EXCEPT AS FO.OMS- ..K HERE THERE ARE NO SECURITY INTERESTS ON THIS VEHICLE EXCEPT AS FOLLOWS -X'HERE Y 1ST SECURITY INTEREST • 1ST SECURITY INTEREST /�. DATE 7-11-85 NO. SSE BE 510317 DATE 08/06/85 NO. 00510787 `� HELD BY GATEWAY STATE BANK • HELD BY GATEWAY STATE BANK I ADDRESS 601 S 2 ST CLINTON IA 52732 ADDRESS 601 S 2 ST CLINTON, IA 2732 C"...) KENNETH E. WEAVER BY h-tA_4 04 KENNETH E WEAVER BY K -ct'-- COUNTY TREASURER DEPUTY COUNTY TREASURER DEPUTY CANCELLATION OF 1ST SECURITY INTEREST CANCELLATION OF 1ST SECURITY INTEREST • DATE NO. DATE DATE NO. DATE HOLDER OF SECURITY INTEREST COUNTY TREASURER URER BY 9Y DEPUTY By 0 2ND SECURITY INTEREST 2ND SECL DATE NO. DA' /� HELD BY _ HELD BY ` ADDRESS ADDRESS BY COUNTY TREASURER DEPUTY CANCELLATION OF 2ND SECURITY INTEREST CANCELI DATE NO. DATE DATE IHILITEH tH SECURITY INT I.III''il ---— ------COUNTY TIIEASl111F11 --_ ----� IIOLDLit OF SECO ' ` • __ •titI11IN BY DY - DEPUTY BY DY D WITNESS MY HAND AND OFFICIAL SEAL WITNESS MY HAND AND OFFICIAL SEAL 01 oo2f:2 .. BY_ -_ _ DEPUTY KENNETH EA WEAVER By____,1,`____, �'.JI •C [,LINTY II IH ASLIIt(IICOUNTY IREASUNEis FEES - "" $1 0.00 C IHIUAIE0i hilt 121N •, I(// t:I w11.II API IM Nilf Pr 1 X ___ IIILEYENALIV MOT X � I L J ".:r":::::.....::::>:" AI.A,F I.I PIP:i•lI ., •III SIGNATURE OF OWNER-SPELLING SAME AS TITLE ISSI JED $IC E�l ¢ NEK EaLL EAS Ty ISSUED T IXO:All PI>• I•n' ,;it„,„,,,:NILHEl` VDI , / t... 23-W030424 co.CLINTON VALID/YR. 23-0300268 84 '' -WO`5964 c0.CLINTON VALID/YR. 23•-052018 87 ISSUE DATE'O6-O4-84 PLATENJJYR. . . BG9120 79 ISSUE DATE;Q3-1 1 -87 PLATENOJYR. -LIJ22991- 86 . Mvc1 421 1 3852.7 3 MVC2 Mvc1421 1 38527 3 'Mvc2 OWNERI VETERANS •ROOFING CO OWNERI Yti:.: 1 ERANS ROOFING CO INC OWNER 2 OWNER 2 - ADDRESS 520 3 AVE SO ADDRESS 205t) 1.T NCOLNWAY • CITY,ST. CLINTON IA 52732 CITY.sr.C.I. 1044TON IA 52-732 CODE VIN CCL339V139440 RM 08 CODE VIN CCE61 5V125375 - m- .12 TYPE K MAKE C H E V YR. 79 SERIES MODEL 0 0 00 TYPE K MAKE C FIE V YR. 75 SERIES MODEL STYLE TK CYL 08 COLOR GRN FUEL G WT. 05 TON DB 04 STYLE TK CYL 0 COLOR YEL FUEL G WT• 10 TON D8 LP PREV.TITLE IL TITLE PEN. SR 04--84 LP PREY.TITLE 23•-J013527 TITLE PEN. SR 03•"7j r PR 1L USE TAX 200.00 FEE V9.00 PR 23•. ;1!.• . - USE TAX 140.00 FEE 1 78,0( YR. p84 SO.FT. MILEAGE 40328 PENALTY .00 YR. 87 so.FT. MILEAGE OTHER FEES OR PENALTY ,t: _ 84 FEE 70, 00 ANNUAL _ 0 , OO._ TOTAL '?C) 0 0 FEE ANNUAL ?1 5 �'�n__ TOTAL , , �a.. •s:1R 'SAI -.•�. . w11• :• - ..I-Yq'�—:�,?--�=Y` l';7';r:.�� 'h1: A;'•r'.Ye:.'.- :,i;r-���+.,.tCT•I:.s��"IP.r.�l •'►T• �•-, ..1 !4N.' �'•ir..yt.' i�jj!• •E< .. J 'L'� . .�.. 1. iS-)�..- � v .L'.�+ •.3�- •..-.rW-�. LJ-`�•+--��14�•r) —•t- +. • 0 6 8 7 8 0 6 ODOMETER 4 1 4 1 8 4 6 ODOMETER PREY.OWNER STICHTER, ROBERT J PREY.OWNER HENRY LANGREHR GENERAL CONIR INC ADDRESS RR I BOX 61 ADDRESS 17': 7 CIRCLE DRIVE EAST CITY,ST. FENTON IL 61251 CITY,ST. CLINTON ••LA 52 1 A2 y EI. 1F NONE IF NONE •• -THERE ARE NO SECURITY INTERESTS ON THIS VEHICLE EXCEPT AS FOONS 'X v HERE THERE ARE NO SECURITY INTERESTS ON THIS VEHICLE EXCEPT AS FOu.Ows IT HERE 1ST SECURITY INTEREST l 1ST SECURITY INTEREST DATE 3-5-85 Na 246902 DATE 3-9-88 NO. 1126009 HELD BY GATEWAY STATE E3ANKHELDBY GATEWAY STATE BANK tzpO ADDRESS 601 S 2 ST CLINTON IA 52732 ADDRESS 601 SO 2 ST CLINTON, IA 52732 T KENNETH E . WEAVER BY J-j.�,�-C..- L-it, KENNETH E WEAVE+RBY ` n. TY , 1 COUNTY TREASURER OiFMgT� . COUNTY TREASURER 12. V CANCELLATION OF 1ST SECURITY INTEREST r� °P. 0? J (�+ CANCELLATION OF 1ST SECURITY INTEREST DATE 6-27-85 NO. 246902 DATE ''F./ DATE NO. DATE Gateway State Bank ��v3 . HOLDE F SECURITY INTEREST ) .,,• •+COUNTY TREASURER M, COUNTY TREASURER �,( 'It 1 T• ��• ��1� I wt��` DEI BY i! !i r 1I'LN��T1.•� BY �J (/ �C �EA�Ta' BY / 2ND SECURITY INTEREST �j 2ND SECUR DATE 7-11-85 NO. 510318 DATE MELD BY 601 S 2 ST CLINTON IA 52732 HELD BY ADDRESS CLINTON IA 52732 ADDRESS KENNETH E. WEAVER BY )7A/4'c a-4_, - COUNTY TREASURER DEPUTY ►` CANCELLATION OF 2ND SECURITY INTEREST CANCELL vit`O' i l 1101 t1►Yl ' DATE NO. DATE DATE _ W'313 J�L13 -- HINDER OF SECURITY INTEREST I COUNTY TREASURER { ` mi 6Z 130 t6 SURER L� '�1 DE 11 BY DEPUTY BY / WITNESS MY RAND AND OFFICIAL SEAL INSP. NO. L056553 WITNESS MY HAND AND OFFICIAL SFi4 01 00200 • _HO_ El. HOSI< INSf.JN DY _ T ....--- I;' :-. r TH E WE AVER BY 4 , UE .:DUN II IIILASUIILAILl� COUNTY TREASURER FEES (1: 0 1 ,0(•) ..A .:LIIII1111LII 1,111 /t Ju CIMIIIICAII UI Illlf R y11 VAOL CIM1.I.L:All W 111l1. . II VV X_--___ - __ _ 1111.1.l•LNA11Y, IM1W X :.IGNAIUHE OF OWNER- SPELLING SAME AS TITLE ISSUEDaewlHFwnNLsr 11 JO SIGNATURE OF OWNER-SPELLING SAME AS TITLE ISSUED ucu.I(TReim,t um IOIIM 41111:.+.bj I1.7 4J TMM..:AIl III, aVV FORM 41111b d db H 986 OU L.CAl111111 11.L0ni nnrnn _ . , WilF "IN . . L23.,iLCO. Cf:1?-..-I i'll 0 N VALID/YR. .;.!:3—0 5 6 2 4 7 88 co.CLIWFON VAUD/YR. - • • ISSUE DATE' 0-7—2 8--8 8 • • PLATE NO./YR. B .15568 86 ISSJE DATE 1'1-—•0 6--8 L.S PLATE NO/YR. .• — •?.j ..1 5 '.? 8 6 'AVG 1 421 138527 3 MVC 2 MVC 1 4 21 i 3852.7 .. MVC 2 .- ovmERIVETERANS ROOFING CO INC • • OWNER 1 VETERANS ROOFING OWNER 2 OWNER 2 . • . . . . ..- ADDRESS 2 0 5 0 L..I N C 0 L.N 14 AY . ADDRESS 520 3 AVE: SO . . CITY.sr. C::I._I N.I.ON IA 52732 CITY,ST. C I-I i'')T 0 N I.:l 52732 CODE VIN CCE613V1 .:251 61 RFA 'I 2 CODE ,.)::.:: VIN 2P4FH.151G2GR6t8.72.9. TYPE K MAKE C HE\iYR. 7 3 SERIES MODEL Cs,E 6 TYPE I::, MAKE :':.1...y'11 YR. 86 SERIES MODEL S.:HP36 • STYLE 'I V CYL 0 8 COLOR REX) FUEL G wr. i 0 1C)i...i De STYLE i 7;'',:. CYL /: COLOR M:'.:'R . FUEL .: WT. LP PREV.TITLE 23-1.10i 7870 TITLE PEN. SR 07-88 LP PREV TITLE iv!7 0 TITLE PEN. SR PR 23-055351 USE TAX 272.00 FEE 1 0 8-00 PR USE TAX !:: 1 '' f'..(,) FEE YR. 8 SO.FT. MILEAGE OTHER FEES OR PENALTY .‘00 YR. . SO.FT. MILEAGE !'7 OTHER FEES OR PENALTY FEE ANNUAL TOTAL FEE " ANNUAL TOTAL !. tle .:.fel-: t...:/t611a- "::::W:..1!:‘r:.-'ili.:27,:4-V2.4:•• 1.A:44;21% Fe:11 ./:ii ir61-r1:.:GI E€04$4144040Aftairilithter1Wt-41034045--- - - ODOMETER D 1 5 8030 ODOMETER P 1 4 5 0 6 3 . PREV OWNER HENRY AT if GENERAL CONTR INC PREY OWNER :.;.:00THGATE MOTO LTD ADDRESS 1717 CIRCLE DRIVE EAST ADDRESS 2 7 1 5 SO . t.) ET CITY.ST. CL I N T ON I A !t5'.:.).7 32 • CITY.ST. • C!.....Y)TON T.c: !5.7)7,72 • THERE ARE NO SECUR,TT INTERESTS ON THIS VEHICLE EXCEPT AS FOLLOWS VCIHEttEnt THERE ARE NO SECualir wTHIS TERESTS ON VEHICLE EXCEPT AS FOLLOW: FE 1ST SECURITY INTEREST 1ST SECURITY INTEREST DATE 01-119-89 NO CI1537785 DATE 11-18-85 NO. 571624 HELD BY GATEWAY STATE BANK HELD BY GATEWAY STATE—BANK cr ADDRESS 6111 SO 2 ST CLINTON, IA 527ADDRESS E632 6111 S 2 ST CLINTON TA 52732 ) KENNETH E. WEAVER BY a P AY{I( KENNETH E . WEAVER BY (...) COUNTY TREASURER COUNTY TREASURER CANCELLATION OF 1ST SECURITY INTEREST CANCELLATION OF 1ST SECURITY INTEREST DATE NO. DATE DATE NO. DATE HOLDER OF SECURITY INTEREST COUNTY TREASURER HOLM BY - .. BY DEPUTY BY DEPUr 2ND SECURITY INTEREST 2ND SECURITY DATE NO. DATE HELD BY . HELD BY ADDRESS ADDRESS BY COUNTY TREASURER DEPUTY CANCELLATION OF 2ND SECURITY INTEREST VMO I ') j13 VIA01 CANCELLATIOI DATE NO. DATE 11.13-10 k113 DATE --- HOLDER OF SECURITY INTEREST COUtYlliAN 6Z 130 C6 • BY BY DEPUTY 1W E•Y DEPUI' - WITNESS MY HAND AND OFFICIAL SEAL 1WITNESS MY HAND AND OFFICIAL SEAL - I :1 i/ 3 ' .• k a Hiqi. i.! BY )4 "4 flO ,'0 DEPUTY -- Evi, _ 1_, _ L.A.JK___7__.DEPUP .EHT...A T oT,,,l COUNTY I lit AsuRE/I COUNTY TREASURER F,LEs :.1 GIRT..0 Ate Jr Hilt . X _ _ AN.TAR1 CAAI.P,CAII 0.Wit ., 12 00 X .,,,.:.,cERNRH IATt. .11.1 ,..A• SIGNATURE OF OWNER.SPELLING SAME AS TITLE ISSUED laCkoN TT Ho'MAT 1500 SIGNATURE OF OWNER-SPELLING SAME AS TITLE ISSUED w.,",..,,,,,t,T . FORM 41111S I 87 N•Sci87 Nat,:All°fa SOO SO F OHM 411115 4-04 II-8384 TARR..1Ait I.'.4 . *Hew III Lt NU. a I aL.c I.Ir IlJTV,crnovairvaki-co.r.i irl,at 1 c cr r ...... •`..'••...'•.•••••••kalgE. lairmakiaa=ii .TITLE NO. IITATZ.OF II.VeA vnitstrum.l..1GPS;Tr ix."I c gar .g.Lc .Lo n•cr.....unriggiczNazrz -. L..._. •• - ....;::::::1 CO t".1 1,!1 ••!..s, VALID/YR. 23—W103932 ,caCIANION VALID/YR . •,—' '. ...,(1 3 0. 'SanCATE , . ...,2 .., .. ...,,5 . PLATE NO/YR ' T.INC9, .::' 26 ISSUE OATE, 1O-06--(3 8 PLATE NO/YR. LT J 6044 Z6 • uvel ..' 1 '..:527 -: MVC 2 • ..' ' MVC 1 420603594 3 MVC 2 OWTAIT I ''.!7'-:"i2:-i::;:!!N E F:onr I NG C() OWNER I Ny''IT.TER ANS R 0 or T.i I G CC) INC _ OWNER 2 OWNER 2 ADDRESS 2050 L I N C r..J 1...N w 0.( . CITY.SI ! . . ..',.,. I A 52732 CITY,ST* Cl..I is,/TON I:(;) 52732 • • - CODE VIN I' !7 CI 7,1 P 15'..),'.:25 RN 0 8 CODE t j VIN CKL-148F721023 RPA To 9 TYPE MAKE ' ' .':''' YR 7-71, SERIES MODEL +.:.t.71; TYPE K MAKE Gil C YR. i'::?, SERIES MODEL .1.l<I...148 STYLE ••; CYL .-.. ..' COLOR .., FUEL r• WT DU STYLE 1 K CYL 00 COLOR RE:1) FUEL G WT. 0....i I ON OS 0/ LP PREY.TITiE t 7y....I.I(.:••eA..; -lc.,,e, TITLE PEN. . SR LP MEV.TITLE 5 1:..!--W 1 i i i 70 TITLE PEN. SR 09-08 USE TAX .f.,c% /.1 A FEE 4.,f..).00 PR 5',:•::—0626 12 USE TAX 132.00 FEE 55.00 YR •.• SO.FT. MILEAGE ,''. •• •-% OTHER FEES OR PENALTY *: , 0 0 . YR. &•32 SQ.Fr. MILEAGE OTHER FEES OR PENALTY .. '..)1.:../ FEE ;.!.')..:7. FEE '' ' :' ANNUAL r; , ?.)1 TOTAL •:.• D 1 .5- 8 8 2 7 °DCIMETtR ODOMETER . Q P 0 9 8 5 5 4 8 -.•••... PREV OWNER • .,. , ' • PREY OWNER LETT . DAN E ADDRESS 4 .:.)01 L.A K E.S II',Z..: i-i A N 0 I::: ....) CITY.ST. ,..:. ., ..... . ::::•'' 1:..-:,:.:..:*:..:...: CITY.ST. IOWA CITY I, 52240 ' ,f NONE 7T.ERE API..0 S[7..P..7 i.NIE XE iT s TTN THIS vEN,.:.k ExCEPT AS FO.LORS v HERE, : 21-.ERE THERE ARE NO SECRiTT INTERESTS ON THIS VENTC.T.E EXCEPT AS IK.I.Cnvi ,..:N. 1ST SECURITY INTEREST • u 1ST SECURITY INTEREST •-•". t t DATE 1-13-86 No.572347 DATE 01—0'1-89 NO 01537786 % v I FIELD B./ GATEWAY STATE BANK HELD BY GATEWAY STATE BANK ADDRESS 601 S 2 S T CLINTON IA 52732 — ADDRESS 601 SO 2 ST CLINTON, IA 5a732 KENNETH E . UEAVER By A•44.4..- eik KENNETH E. WEAVER ay ,/,.4 e e.Q.c.( CC.MYY YREASUFIER DEPIorr i COUNTY TRW DEPUTY Tt CANCELLATION OF 1ST SECURITY INTEREST kt.7) CANCELLATION OF 1ST SECURITY INTEREST • k DATE L(—.S'-'")./ NO. 67)3 y7 DATE . i7 .-...,_ ..;:__4..1,_ .13,6 fre DATE — -Ss NO / Li%. DATE ''....., . , .-.0LUR CO SECURITY,N rkpEET COUNTY TREASURER ..- -- 0... '. ....„. z HOWER OF SECURITY INTEREST COUNTY TREASURER ,<1 B'! Pel. .. .L_... ....try__ BY DEPUTY BY - (7,-1.1054 -4"----"- •C--- BY DEPUTY 2ND SECURITY INTEREST 2ND SECURITY INTE CC:: ..• l DATE . NO. DATE HELD BY — HELD BY — d A ADDRESS ADDRESS BY — .' . _____ 4.. . COUP:1'V T REA SUNLIT DEPUTY OF 2ND SECURITY INTEREST VM 01 'A113 ICHATANCELLATION c CANCELLATION 0 DATE NO DATE M310 A113 DATE 1,01.001 OF sEcultel I IN I I.Ill SI COUNTY ""SUR" E :11,AV 6 130 C6 HOLDER BY BY _DEPUTY BY DEPUTY - WITNESS MY HAND AND OFFICIAL SEAL „ ' ' 4 1 j WITNESS MY HAND P1PW sx....... ....4 va.Nt • . 0 1 U') i 21 I..t....,:. ... BY 07-) x , _AL . BY JO., t-_, ioNATurif. SF OWN R-SPELLING SAME AS TITLE ISSUED Nacu.t.i•iklitIR ( . .'1'1:?';0 ' - SA/wAt:."..#4411*.C4,Ltd Wit . IF. :c...,tDEPUTY . . r... K I:::I-H,I E T I I Is:: . W I:A E I; x COTINEY TREAkoRtR L.1111•:4111 V.I l ..7 I; *Ai v..4:HT Tr WA iv,01'The . .14 to SIGNATURE OF OWNER-SPELLING SAME AS TITLE ISSUED situ."weiftge . . .. biao y / .�,, On Borrower(s) ' + «j Lender's oat.IncePti19 Neme(sr t U S-0TY Name GATEWAY STATE BANK Matu Date`I" d/ 19 71--.J K,Cyy �:.1.... `r .1', _ Br CLINTON, IOWA 52732 Loan No.CO t0— '1- Address(es) L Address• Loan Amt.$ 34 DOC) -- The The undersigned Borrower(s) (if more than one, jointly and severally and hereinafter, whether one or more, called Borrower) promises to pay to the order of the above .--�= • Le. - h4rydsh....r ss sh wnapov �ri�ncipal Sum of: Dollars, plus interest from 7-0V—y'�, until final maturity at the rate of "7 3 %perannum,payable according tothe following payment schedule: (a)❑ Upon demand. lb) Upon demand,but if noyde -i and is made,then on lQ1/ ,19 (c)❑On ,19 Accrued interest is due and payable ; dand at the maturity indicated. (d)❑If checked,this Note is payable in equal installments of$ each,beginning ,19 , and on,the same day of each thereafter until , 19 , when the unpaid balance of principal and interest shall be due and payable. (e) 0 • VARIABLE INTEREST RATE:❑If checked, the interest rate on this Note is subject to change from that stated above, so as to be the following selected Index Rate: ❑ • If a variable interest rate applies to this Note: (a) the amounts of all payments scheduled above will be adjusted to reflect changes in the effective interest rates, and(b)if no Post-Maturity Interest rate is specified below,interest will accrue after final maturity on the same variable rate basis as interest accrues before maturity. ❑ The interest rate on this Note shall not be less than the annual rate of _per cent. ❑ The interest rate on this Note shall not exceed the annual rate of • per cent. Notwithstanding anything to the contrary contained herein,the interest rate on this Note shall at no time exceed the highest contract rate permitted bylaw. Changes in the Index Rate shall take effect on this Note: ❑ on the same day; ❑on the day following the day; ❑ on the first day of the following the day;such changes in the Index Rate take effect. INTEREST:Payments, when made, will apply first to charges other than in- POST-MATURITY INTEREST: The unpaid principal amount of this Note shall bear terest or principal,then to accrued interest, and finally to principal. interest after final maturity, including maturity by acceleration, at the annual rate ❑If checked,any accrued interest not paid when due(whether due by reason of __%. of a schedule of payments or due because of Lender's demand)shall become PREPAYMENT:❑If checked,Lender has the right to impose a penalty upon pre- partthe principal thereafter, and shall itself bear interest at the applicable payment.If not checked,Borrower may prepay this Note at anytime prior to maturity interest t rate. without penalty.Any partial prepayments shall not relieve or diminish any scheduled subsequent payments of principal or interest until all obligations are paid in full. SECURITY: (a) In addition to Lender's right of set-off set forth on the reverse side, Lender is secured by the proceeds and unearned premiums'of any insurance policy purchased by the Borrower in connection with the Loan evidenced hereby. Borrower agrees to keep any Collateral securing this Note insured against such risks,with such limits,and upon such additional terms and conditions as Lender may reasonably require. Lender shall be named as additional loss payee under said policies. Lender is hereby authorized (but not required or obligated)to act as attorney in fact for Borrower in making and settling claims under said policies and endorsing Borrower's name on any drafts or checks paying losses under said policies.(b)This Note may be secured by prior or subsequent security documents notwithstanding that such security is not indicated hereon. (c) Borrower hereby grants to Lender a Security Interest in all other personal property of the Borrower of every kind and description which is now or hereafter comes into the possession of the Lender for any reason, including, but not limited to property delivered to Linder for safekeeping, or for collection or exchange, and all dividends} and dist�ri -moons on and other rights in connection with such property. Q� (d),llf checked,this Note is secured by a separate "id� _____� dated �-- , 19___ e If checked,this Note is secured by the Security Agreement hereafter and Borrower hereby grants to the Lender a Security Interest under the Uniforrr Commercial Code in the following described Collateral: • INVENTORY: All inventory of the Borrower, whether now owned or hereafter acquired and wherever located. EQUIPMENT:All equipment of the Borrower,whether now owned or hereafter acquired,including but not limited to all present and future machinery vehicles,furniture,fixtures, manufacturing equipment,farm machinery and equipment,shop equipment,office and record keeping equipment,part: and tools, and the goods described in any equipment list or schedule herewith or hereafter furnished to Lender by Borrower(but no such schedule or list need be furnished in order for the Security Interest granted herein to be valid as to all Borrower's equipment). FARM PRODUCTS: All farm products of the Borrower, whether now owned or hereafter acquired including but not limited to (i) all poultry ant • livestock and their young, products thereof and produce thereof, (ii) all crops, whether annual or perennial, and the products thereof and (ill) al feed, seed,fertilizer, medicines and other supplies used or produced by Borrower in farming operations. ACCOUNTS AND OTHER RIGHTS TO PAYMENT: Each and every right of the Borrower to the payment of money, whether such right to payment nov exists or hereafter arises, whether such right to payment arises out of a sale, lease or other disposition of goods or other property by the Borrower,ou of a rendering of services by the Borrower,out of a loan by the Borrower,out of the overpayment of taxes or other liabilities by the Borrower or otherwise arise: under any contract or agreement,whether such right to payment is or is not already earned by performance, and howsoever such right to payment ma, be evidenced,together with all of the rights and interest(including all liens and security interest)which Borrower may at any time have by law or agreemen against any account debtor or other obligor obligated to make any such payment or against any of the property of such account debtor or other obligor all including but not limited to all present and future debt instruments, chattel papers, accounts, loans and obligations receivable and tax refunds GENERAL INTANGIBLES:All general intangibles of the Borrower,whether now owned or hereafter acquired,including but not limited to,application. for patents,copyrights,trademarks,trade secrets,good will,trade names,customer lists,permits and franchises,and the right to use Borrower's name, In addition to any property generally described above, the following Collateral: (1.D • GO ,..ie �- pp [7 t 72it. ,r, ci,..�. (A .e�.,.,�,• �' � `f' 7--9z n (—) "'-'.'7 J .^ 0.i -A C W _ cp together with all parts, accessories, repairs, improvements and accessions thereto; and proceeds, products and issumsAefefrorra•now o'r hereafter at an time made or acquired. (See other side for additional terms.) -- .n Except as limited by the "Secured Obligations" paragraph oh the reverse side, Borrower-agrees that this security agreement secures all debts Borrower may owe to Lender now or in the future whether or not the debt is secured by any other collateral or indicates that it is secured by this agreement. Purpose of Credito -�" __C2 g� �� e cription of Real Estate if above Collateral iscrops,growing or to be grown,timbe ❑If checked, this is a urchase Money Loan, minerals (including oil or gas) or fixtures Borrower will use Collateral listed on this Security Agreement for: ❑Farming operations usiness purposes ❑ If other than Borrower, name of Record Owner _ _ Any person who signs within this enclosure grants to Lender a Security Interest in the Collateral listed in Paragraph(e)and agrees to the terms of the Security ❑If checked,this Agreement is to be filed(for record)in the real estate records. Agreement but assumes no personal obligation to repay this Loan. I AGREE TO THE TERMS SET OUT ON THE FRONT AND BACK OF THI AGREEMENT. I have received a cop of this document on today's date. Signed Date /�- • r X � � �� � / (Borrowe (AUTHORIZED SIGNATURE OF LENDER SIGN SIGN ONLY IF XX Ri • (Borrowe NECESSARY FOR FILING THIS DOCUMENT ORA COPY HEREOF) HERE lir -.....m // PROMISSORY NOTE& SECURITY AGREEMENT XXX . -J•--,.,..'�t : - 4 C . I� --"` orrowe C 1982 BANKERS SYSTEMS,INC..ST CLOUD,MN 56301 FORM PNSV-IA 9/10/97 Notice:See other sidefor important information which is part of th document VCL I0IIJ flvvI IPI) l.,v. iLtf9AN EXTENSION AGREEMENT I . L .N. 4Z le /`J' // (I3) Note No. 600-1-2119 Clinton Iowa CITY STATE $ 32,000.00Date 9-28 19 92 • ANNUAL Amount Financed FINANCE CHARGE PERCENTAGE RATE Total of Payments $ 32,000.00 $ 302.46 11.50 ' % $ 32,302.46 ' This Is the amount you This Is the dollar amount This Is what your loan Thls is the total amount are'borrowing. this loan will cost you. will cost as a yearly rale you will pay If you make all • of Interest. payments as scheduled. IT IS HEREBY AGREED that the above numbered note, or payment, on which there is an unpaid balance of Thirty Two Thousand and 00/100 ($ 32,000.00 ) DOLLARS. shall be and is hereby extended to become due On 10-28-92. EXPLAIN and the undersigned, in consideration cit the extension of time for payment, does hereby agree to pay a a $1000 Princ. reduction, lee of $ 1717.41 Interest due and further agrees to pay the said note, or payment, as above specified . together with interest at the rate of 11.50. per cent per annum, payable at maturity EXPLAIN (MONTHLY • SEMI-ANNUALLY) from 9-28 , 19 Q2 until the maturity as herein specified and at the highest • rate allowed by law,from maturity until fully paid.All terms and conditions of the original note and any security thereto attached is fully incorporated herein and fully ratified except as specifically modified by this extension agreement. By executing this Extension Agreement,the undersigned acknowledge receipt of a comp etely 'lied-in copy prior to consummation. I/We affirm that there are no unwritten oral em is between the nderr d m us. agre l _ '�__ _Chi GATEWAY STATE BANK ir 601 So. 2nd St., Clinton, IA 52732 BIA ../.41: .' CREDITOR CUS OMER By.� ,a41, J'�-�? _ic _ 0 I firsonaiiy TITLE CUS ONE- Form Z-710-Order From AN EQUAL OPPORTUNITY LENDER E Greene d Co P.O.Bo.1017 Fairfield.N.J 07006 _____. -----• \ W Q 0-))1. r: (it. '----. \ C.')^-‹ y c-n C13 Dl Veterans Roofing Co. , InCLOAN EXTENSION AGREEMENT Note No. 60012119 Clinton Iowa CITY STATE $ :�/ cJf — Date " — /7 19 ,�'� ANNUAL Amount Financed FINANCE CHARGE PERCENTAGE RATE Total of Payments g/ Sca -- $ iY' //-S /(�' % $ 4' This Is '{he amount you This is the dollar amount This Is what your loan This is the total amount are borrowing. this loan will cost you. will cost as a yearly rate you will pay II you make all I • of Interest. payments as scheduled. . IT IS HE EBY AGREED that-4l'e,above numbered note, r payment, on which there is an unpaid balance v, >- � � of ✓ V3)--ea-c1-*'-'14--#--71„,t----1:--t ----1,----`1• -- y C ( / 5 � ---) DOLLARS, shall be and is hereby extended to become due 3 -/ 7" — EXPLAIN and the undersigned, in consideration of the extension of time for payment, does hereby agree to pay a fee of $ ,---0 and further agrees to pay the said note, or payment, as above specified together with interest at the rate of 7i ' per cent per annum, payable �i/ 5. EXPLAIN (MONTHLY - SEMI-ANNUALLY) from 7121— / 7 , 19 5-7---until the maturity as herein specified and at the highest rate allowed by law,from maturity until fully paid.All terms and conditions of the original note and any security t hereto attached is fully incorporated herein and fully ratified except as specifically modified by this extension agreement. By executing this Extension Agreement,the undersigned acknowledge receipt of a completely filled-in copy prior to consummation. I/We affirm that there are no unwritten oral agreemen s between h: nca me/us. GATEWAY STATE BANK Ofigu'-f-K4iai '' jj'� 601 So. 2nd St., Clinton, IA 52732 � - _ ,_,_,,„1,41.,,- ,_ Pres. CREDITOR CUSTOMER 1 r iPersonall TITLE CUSTOMER Form 2-210—Order From AN EQUAL OPPORTUNITY LENDER E.Greene 6 Co. P.O.Box 1017 Fairfield.N J 07006 b ../. 6,())),, l.10 D---,79 47 D - —[r— mw o — i >� C CA) D2.- . .immSminome...v • . 11111~11111, UNLLM1TED v GUARANTY THIS GUARANTY given by the undersigned,hereinafter called the Guarantors,to induce - Gateway State Bank hereinafter called the Lender,to extend credit to,or otherwise become the creditor of, Vete rans Roof i ng Company , Inc. hereinafter called the Borrower.Guarantors understand that the Lender is willing to become the creditor of the Borrower only if Guarantors guarantee the faithful performance of all the terms and conditions upon which such credit is extended to the Borrower,and Guarantors are desirous of having the Lender extend such credit to the Borrower upon such terms and conditions as are agreed upon by the Lender and the Borrower. In consideration of the foregoing, it is agreed: 1. The Guarantors jointly and severally guarantee to the Lender,its successors,and assigns the prompt payment to the Lender at maturity of every note,check,bill of exchange,draft,trade acceptance,loan,advance,discount,and order for the payment of money,and all other obligations,in connection with which,either as maker,drawer,guarantor,indorser,or otherwise,whether directly or contingently,the Borrower is or shall become liable to the Lender,with interest thereon,together with all attorneys'fees,costs,and expenses of collection incurred by the Lender in connection with any matter covered by this guaranty,except only that if this guaranty is for a consumer credit transaction,then attorney fees shall not be collected. 2. This guaranty is not limited to any particular period of time but shall continue until all of the terms,covenants and conditions of the said obligations of the Borrower to the Lender have been fully and completely performed by the Borrower or otherwise discharged by the Lender,and the Guarantor shall not be released of any obligation or liability hereunder so long as there is any claim of the Lender against the Borrower arising out of the obligations of the Borrower to the Lender which has not been settled or discharged in full. 3. This guaranty shall be construed as an absolute,continuing and unlimited guaranty of payment without regard to the regularity,validity or enforceability of any liability or obligations of the Borrower hereby guaranteed and this guaranty shall be both supplemental and additional to any other ty or guaranties,indemnity or indemnities which shall be furnished to the Lender to secure the indebtedness of the Borrower by the undersigned or any other person or persons.The Lender shall not be required to proceed first against the Borrower or any other person,firm or corporation or against any collateral security held by it before resorting to the Guarantors for payment. 4. The Guarantors jointly and severally consent,without affecting the Guarantors'liability to the lender hereunder,that the Lender may,without notice to or consent of the Guarantors,upon such terms as it may deem advisable:(a)extend in whole or in part,by renewal or otherwise,the time of payment of any indebtedness owing by the Borrower to the Lender,or held by the Lender as security for any such obligation; (b) release,surrender, exchange,modify,impair,or extend the period of duration,or the time for performance or payment,of any collateral securing any obligation of the Borrower to the Lender, and(c)settle or compromise any claim of the Lender Against the Borrower, or against any other person,firm, or coration,wboee obligation is held by the Lender as collateral security for any obligation of the Borrower to the Lender.The Guarantors jointly and severally hereby ratify and affirm any such extension,renewal,release,surrender,exchange,modification,impairment,settlement,or compromise;and all such actions shall be binding upon the Guarantors jointly and severally,who hereby waive all defenses,counterclaims,or offsets which the Guarantors jointly and severally might have by reason thereof. 5. The Guarantors jointly and severally waive:(a)notice of acceptance of this guaranty by the Lender;(b)notice of presentment,demand for payment, or protest of any of the Borrower's obligations, or the obligation of any person, firm,or corporation, held by the Lender as collateral security for the Borrower's obligation;(c)notice of the failure of any person,firm,or corporation to pay to the Lender any indebteaneas held by the Lender as collateral security for any obligation of the Borrower;(d)all defenses,offsets,and counterclaims which the Guarantors may at any time have to any claim of the Lender against the Borrower;and(e)notice of any default on the part of the Borrower and any demand for the payment of the debt or obligations herein guaranteed,except only that if this guaranty is for a consumer credit transaction,bank shall give such notices, if any,as may be required by law. 6. The Guarantors jointly and severally represent that, at the time of the execution and delivery of this guaranty,nothing exists to impair the effectiveness of the liability of the Guarantors to the Lender hereunder,or the immediate taking effect of this guaranty as the sole agreement between the Guarantors and the Lender with respect to guaranteeing the Borrower's obligation to the lender. 7. The Lender may at its option proceed in the first instance against the Guarantors,jointly and severally,to collect any obligation covered by this guaranty,without first proceeding against the Borrower,or any other person,firm,or corporation,and without first resorting to any property at any time eh ld by the Lender as collateral security. 8. This guaranty shall not be discharged or in any way affected by the death of the Guarantors. 9. The liability of the Guarantor hereunder shall not in any manner be affected by any change,exchange or alteration of any collateral or other security held by the Lender for payment of the debt herein guaranteed or the surrender or release of any such collateral or security or the failure to realize thereon or to take any action with respect thereto. 10. Guarantors and each of them understand and agree that this guaranty will, unless expressly otherwise agreed,be secured by all collateral previously,now or hereafter pledged to the Lender by any Guarantor and any security interest previously,now or hereafter granted the Lender by any Guarantor whether such pledge or grant of security interest specifically relates to the obligations herein guaranteed or not. 11. Guarantors and each of them understand and agree that in the event any payment made by or on behalf of Borrower respecting any obligation herein guaranteed,or any portion of any such payment,shall at any time be repaidbythe recipient in compliance with an order(whether or not final)by a court of competent jurisdiction pursuant to any provision of Title 11,U.S.Code,Bankruptcy,as now existing or hereafter amended or any provision of applicable state law,the said obligation shall not be deemed to have been paid to the extent of the repayment so made,the obligations of Guarantors and each of them shall continue in full force and effect,and such recipient,whether or not that be the Lender,will continue to be entitled to the full benefits of this continuing unlimited guaranty. 12. The whole of this guaranty is herein set forth,and there is no verbal or other written agreement,and no understanding or custom affecting the terms hereof.The undersigned may revoke this guaranty by written notice delivered or mailed by registered mail by the undersigned to the Bank,but such revocation shall not affect or release the liability of the undersigned for the then existing Indebtedness,or any renewals thereof,theretofore or thereafter made and, if there be more than one signer upon the guaranty,such revocation shall be effective only as to the one so revoking. 13. This guaranty is delivered and made in,and shall be construed pursuant to the laws of,the Slate of Iowa,and is binding jointly and severally upon the Guarantors and their legal representatives,and shall inure to the benefit of the Lender,its sdccessors and assigns. (.) n t") "'r" In witness whereof the Guarantors have each signed this agreement on this •day of l^,-t)�L , I ade/7 - NESS "GUARANTORS" (Over) CNB 1010 / .}O �,o • t. 1 SSN: 481-64-8063 20 . ' • i•.,1 ; ra ; �I' !'"� .. Char dward Seastr.ane; , . 1 - ' .i,.•..... �.. ..Fr.. �..•,'itI,1'iyl..ti ' ,�, 2050tncOlnway . GATEWAY STATE BANKI ,• L a •,•i .�� '�; ;t�' i Loan Numher �� ) Cl i ntnn Inwa 52732 CLINTON,IOWA 573.2 • Date• ' ' Psi 1 l2'1',fft.:�;-- �' $6=1 PhQr!e: a 242-6344 I; I y 'April 1F1 r 1r'-,,y �.� ' Meturit Date'• }� • 5tORROWER'S NAME AND ADDRESS LENDER'S NAME AND ADDRESS ! I Loan Amount 6 s ', .+ f 11 I' ' I il,�d�II 9'indudes'aach borrower above,jointly and severally. "You"means the lender,its,successors end assigns. • 'Renewal Of' 1.. 1.1i1 ..^h1.'1+Ahtfli�tie:lel• Note Qmise to a to ou,or your order.at your address above,the principal sum oL: 1 ! i��;1, Lir,p �, `, ,: fir) f. 004 } frit`•I I 'i'', I Plenty Seven Tousand and 00/100 p Dollars.' " I' 27 a 00'' '"' at plus•lnlereet fn m* I'AP!"i 1 2 1986 11.5 P y riot t . '.I will.pb i 't"1tine.'oI at the.rate oh '� er ear until Ma y • ,, ,;:�*„� ! (a).❑on Oerpand.;'I-••--(b)❑on demand,but if none is made,on' 19_. . (c)❑on l i t! 1 .. '. f~ t ' ri ' • ,' If(al,lb)or(c)ie marked,I will pay accrued interest - •nid,oo the metunty daT y�1;11 1 11 ,1a,i,11 I..,y 1 t I '(d) tri''' • 36 installments of s '379_4$ • each,beginning Raced on 1,7Q pa-011311 -S and continu•Inc on trite same day of'each�.f •r ( l ' it pl'Y{a1 0; thereafter until paid in full, , .‘4,,,I.',....11, I, 11 'I '4 I til' •N) ❑(ocfter) •• r • i t • ••I•••;i THIS ISA CONSUMER CREDIT TRANSACTION • ®If checked.lagree to pay a minimum finance charge oft •t i•lilt•7•5jQ i,,:'?iG !,'.. PAYMENTS:Interest accrues on the unpaid balances of principal remaining from time to if I voluntarily pay this loan off before you have earned that,much (1:(Inar)ce cAer . time.Each payment when made will first be applied to accrued interest,and the balance tolia 1j1,t ,, 11J' t I I r I!•i ri prtnapal.The actual amount of,the heal payment will depend upon my payment record. �If checked,interest will accruje at the rate of '• 21 ' sc per yea cm thetidiPee.t+r�e,.vy,{.•�.•.,r, ..y�,h:,,o...'n..,n_I...-r;n -;• ,',;riryn'wym,avnr nnvn.•tial .II:!his nigh,gel paid at mrtilrlty.including maturrtty by pcelereIio l;! 'l+)14 _ i'l PrepaYmer)t will not excuse any subsequently scheduled payments Unlit this note is paid in • ' • ,; Ii ry r g t•'tM igen s ,)'' lull Ti. ;i •%I 1 • r . _,r-i •• . . .. THE PURPOSE OF THIS LOAN IS: • : I ; .. I 7il tf, ;f'111'' Jt 9l' ` '1 1 '_. I Property at 2Q50 L i ncol nway 1 1`)1 t 1t4 >~Ittiik i r 41 K ANNUAL PERCENTAGE RATE •,I,FINANCE CHARGE AMOUNT FINANCED 'TOTAL OF PAYMENTS 1 have the;right'to receive at this:.,;- .; his,- ,i The blest of my'credit,'. •,• The dollar amount the The amount of credit The amount I will hay,paid whir 1- •i tlme;an Itemization of the iii.;'�It yeasty rale, :' credit will cost me. ' ' 'i"provided to me or on my behalf. I h v made all scheduled payment` ; 1 , AmounFFlrusnced t 1 i1< `oi li r, ,.,i 1 I.• 11 f} ,. , i4 1 (r,;l,` p I (it,l 1 1 1.I 27 4 I I 14 1"11 •Ii •�. { 11 o i f i 1i 000. 11s t i ff 'i1. I{ f YES•I wa0� •,1 •My Payment Schedule will be: i I , anUt t:auon'!••, ..l',Number of l l , ,it,;Amount 01 . , . i 1..1 - 1.'JI' );a Oitem zatton i,db not ant. tl Payment I :Payments. When Payments Are Clue .V.,1-,.,' • '�1 !..''•• ";I .3'_1111.1 '• •';".379•.48 ymen.ts of 37g_48 &LP the .lS t of Ma- "e"means an esttmate .I (I a e 1'-. r ': , I I' .' F. ,'1a.,4•iJi� , r • a - •. 1 • : 1 i •, 1 ' 1 1 ' / Ill' 1 ..6'—'T'—rt tiling ..mei'.'ii,r...hi.,• 1 s he_due i n fel l l Renewed at that time i f payments aS 6 Non-tiling insurance 11:1.4.„ $I agreed Ral1nnn of ??,2QF 43 rnn'cietc nf' 21,495 64 in Pr in an lfli:7g ' in in •, I.-. i • I ' I ,l11 i,i', ,1.1'11 L j 1 ❑This note has a demand feature. q This note is payable on demand and all disclosures are based on an assumed-maturity o�7-�e ye r Security sham giv• ing'a security'i'nterest in:- • 0 Oriel description of other property) ' •' -^..., I •p1,' I 1 i:I 1t q!I I+14'.. • it 1 IIodif orproperty being purchased., I• .11.0.1 I 1I•l•I11 i. 11,•• I " i ("a"‹ Ni :t1f kcollaferal securijlp other loans with you may also secure this leen.. L�r t 1; In it;'d my dsyo$it accour)ts and other rights to the payment of money from.you. ( • - 1' Yr -j1 r" 111 1,r ,..•,.`4,1!.1.-. l • Wilp, i 1 1.1-'11141.,�.i Prepayment:If I pay, ff t•his loan early,I g may 0 will not have to pay a minimum finance charge. -.�►'r7 1 u it, 1,1; ' i :'; 11 ' R - ' .' :�' 7I1i11I , 4, 101st ;Jr. • • 1 , ,. ,i ill. , I can se I my contract documents for any additional information about nonpayment,Jelault any ruquired repayment before the scheduled dales and prepays lent refunds andIXIf check/ ,...in y • '" . ' ' lt.misati-in of Am,i+Ti1 FI:,tied t I;..,'I .. 4__L r. Ili trAl..L..�Sl.'�::..:f::..t:'.��.'-:�z'd:`!}9r0A1�'d1�:tb111I�'.'CUs GJI i.:e.'�.+inr.w;..:,.'•.,n .. .. ,,II. );r 1 • !i •credit,and will not be provided unless I sign and agree to pay the additional cost. ! I .I 1°j.7...1'!", ,I•. Amount given to me directly ' $ ' (a); ' :-.-1127.,000:00 Type 1 Premium Term Signatures(or Initials) Amount paid on my account ; 1. 1 J . ,!I''...,0•11-1,. ,14'i 1 I want credit life• • ' I I r Iii••Oil 4.: • ADDITIONAL TERMS OF THE NOTE ADDITIONAL TERMS OF SECURITY AGREEMENT The following terms apply to this note whether or not it is secured by the security. The following terms will apply to the security agreement which begins on the front side Bement which begins on the other side of this form(paragraph 5 in the Security section). of this form(paragraph 5 of the Security section) finitions • "I" means each borrower who signs this note. "I"also means each other Property- When used in this agreement,the term property mear.s and includes son end legal entity who by this or separate agreement promises to pay it.This includes (a) all of my property specifically listed and, la generaldescription is usedlwhelher or erantors,endorsers and sureties not any specific property is listed), in all of my property fitting the general The term"note total"means the total sum agreed to be paid on this note.II includes the description;and, igunt financed and the finance charge. It also includes all additional sums payable Ib) all benefits which arise from the described property. including cash or non-cash luding any late payment charges.postmaturity interest,required insurance premiums, proceeds, insurance benefits, interest. dividends, stock splits, and voting rights, its of collection and attorneys' fees(i1 permitted by law), and costs of repossession, and, 'servation,repair,taxes,and sale of any property securing this note. (c) any properly which is now or hereafter becomes attached to.a part of.or results from the described property. placable Law-I agree this note will be governed by the law of the state where you are ' ated,especially the Uniform Commercial Code The terms of any agreement securing the Ownership and Duties Toward Property• By giving you this security interest.I represent Invent of this note may also be governed by the law of the stale where the properly is located. and agree: Any term of this note(and security agreement)which does not comply with applicable (a) I own all of the property,free of any claim by any other person,and I will defend it v will not be effective if that law does not expressly or impliedly permit variations by against any other claim. reement.If any part of this note or security agreement cannot be enforced according to its (b) The security interest I am giving you in this property has first priority over the claim ma,tAis fact will not affect the balance of this note and security agreement. of any other of my general or secured creditors I have signed or immediately will sign any additional documents or provide you with any additional information you t-ON •I acknowledge and agree that you may set-off all or any part of the note total may require to perfect and preserve your first priority in this property. I will not ainst any obligation you may have,now or hereafter to pay money to me.This includes: hereafter do anything to defeat your position. (a) any deposit account balance I have with you whether time,savings,checking or (c) I will keep the property in my possession(except for pledged property delivered to NOW account:and you),in good condition and repair,and use it only for the lawful purposesfor which it (b) any money owing to me on an item presented to you or in your possession for was intended.Unless otherwise agreed in writing,the property will be located at my collection or exchange;and address listed on the front side of this form. (c) a repurchase agreement or any other non-deposit obligation. (d) I will not attempt to sell the property(unless it is inventory and identified as such)or If my right to receive money from you is also owned by some other person who has not otherwise transfer any rights in this property to anyone else I will not permit the reed to pay this note(such as another depositor on a joint account)your right of set-off property to become attached to any real estate without first providing you an II extend to the amount of money which could be withdrawn or paid directly to me on my opportunity to preserve your first priority status. quest or endorsement alone.In additiornlwhere I may obtain payment from you onlywith (e) I will pay all taxes and assessments on the property as they become due e endorsement or consent of someone who has not agreed to pay this note)your right of (f) I will provide you reasonable access to the property for the purpose of inspection. t-off will extend to my interest in the obligationand notify you of any loss or damage. Ybur right of set-off will not apply to an account or other obligation if it clearly appears et my rights in the obligation are solely as a fiduciary for another,or to nn account which, Insurance— I agree to purchase insurance on the property against such risks and in such its nature and applicable law (for example an IRA or other tax deferred retirement amounts as you may reasonably require.In addition.I agree as follows count),must be exempt from the claims of creditors. le) I will arrange for you to be named as loss payee on any such policy so that any Your right of set-off may be exercised upon my default(except when prohibited by law): benefits arising from the insured risks will first be paid to you for application toward (a) without prior demand or notice:(caution-see the paragraph on Remedies below the secured obligations. for required notice of default and right to cure on consumer loans.) ‘ (b) I agree that you may,in the event of a loss.require additional security or assurances Ib) without regard to the existence or value of any property securing this note; and of payment of the secured obligations as a condition of permitting any insurance Ic) without regard to the number or creditworthiness of any other persons who have benefits to be used for repair or replacement of the property. agreed to pay this note. (c) I agree to purchase insurance from a company which is authorized to do business in You will not be liable for wrongful dishonor of a check or other request for payment this state and which is reasonably acceptable to you here there is insufficient funds in the account(or other obligation)to pay such request (d) I will maintain this insurance until all the secured obligations are paid in full icing ase result of your exercise of this right of set-off I agree to hold you harmless from (e) If I fail to obtain or maintain this insurance.or I fail to arrange for you to be named as claims of any person arising as the result of your exercise of this right. loss payee,you maylbut in no event are required to)purchase such insurance which will secure only your interest in the property. I agree to pay the cost of such Ilsult -I will be in default on this note if any one or more of the following occurs: insurance upon demand, plus interest from the date purchased at the Annual r a) I fail to make a payment on this note in full within 10 days after it is due. Percentage Rate stated on the front side of this form(or.if none,the highest contract r b) I fail to observe any other covenant of this transaction, the breach of which rate permitted by law). C materially impairs the condition,value or protection of or your right in the property secured by this agreement,or materially impairs my prospect to pay the amounts Secured Obligations -This security interest will secure the payment of the note total las due under this note. defined In the note) It will also secure(except as provided in the next paragraph)any other Ilan event of default occurs as to any one of us.you may exercise your remedies against debt I owe you now or hereafter.This security interest will survive even if there are no debts ry or all of usowed to you until this security interest is formally discharged in writing. However,this security interest will not secure some other debt if a disclosure must be mediae •II I am In default on this note,you may: made with respect to such debt of the existence of this security interest and such disclosure (a) accelerate the due date of the note total, making all sums immediately due; Is not given as required by law.This security interest also will not secure any other debt.if (b) exercise your right of sal-off, any person is entitled to a notice of the right to rescind such debt unless the notice i5 given (c) demand additional security or parties obligated to pay this note for both) as a es provided by law. condition of waiving,for any period of time,any other remedy you may have under The previous two paragraphs define what is meant by the term"secured obligations" the law and this agreement; in this agreement. Id) exercise any remedy you may have under state or federal law for collection of this note. (e) exercise any additional right given to you under any agreement securing the Remedies- If I am in default on any of the secured obligations you have all the remedies payment of this note. provided under this security agreement and by law These remedies are in addition to any By electing any one or more of the remedies above,you do not waive your right to later provided in the note or other obligation,and include(among others): act any other remedy until this note is paid in full.If you do not elect any remedy upon an (a) If my default consists of failure to pay taxes,assessments or other liens.you mry vent of default,you do not thereby waive your right to later consider the event ase default if pay these yourself.You are not required to.however If you do.toe amount you pay will be added to the secured obligations,will be immediately due.end will accrue continues or recurs. interest at the Annual Percentage Rate stated on the front side of this form(or if rCEPTIONS-After I am in default on this note for 10 or more days,you must provide me ' none,the highest contract rale permitted by law)until paid in full (This is in addition aha written notice of my default and my right to cure.I have 20 days after you mail this to any other remedy you may elect) Mice(or 20 days after actual delivery if you use a means other than first class marl)in (bl You may require me to assemble the pro arty and make it available to you at a place bich to cure the default. You may exercise your remedies only if I fail to tura the default you designate which is reasonably convenient to both you and me. 'thin the time snowed elder the nonce. �owever,no notice of default or right to cure is necessary,and you may immediately (c) You may take immediate possession of the property.with or without legal process. •ereise any and all of your remedies ell have previouslydefaultedone or more times on this sell it,and apply the proceeds as provided by law to your expenses and then toward rte within the previous 365 days and have previously been given a notice of default end the secured obligations. Expenses include your costs of repossession. attorneys Tht to cure. Furthermore, such notice is not required j, or to your filing a petition rn fees(where permuted),repairs(if necessary)and costs of sale 'force this obligation by attachment of my property. (d) You will be entitled to a def ic ency Judgment if the proceeds of sale do not pay all the secured obligations(except where prohibited by law). they Security-I agree that any present or future agreement securing any other debt I owe (el You may also be entitled to keep the property in satisfaction of the secured ru will also secure the payment of this note. obligations in ceitain circumstances. However,an agreement securing any other debt will not secure this note if either of the I also agree that ii any notice is required to be given to me of your intended sale or Blowing applies: disposition of the property,notice will be considered commercially reasonable if provided by lel you fail to make a disclosure required by law of the existence of such other security first class mail addressed to meat the address listed on the front side of this form mailed 10 agreement;or days before the date of intended disposition. (b) you fail to provide(to any person entitled)any notice of right of rescission required If this security agreement secures a consumer loan,see the paragraph in the note on by law for this transaction. Remedies.In certain circumstances,a notice of default and right to cure may be required before any remedy is exercised. bllgatlons Independent-I understand that my obligation to pay this note is independent I the obligation of any other person who has also agreed to pay it.You may release any of Pledges - Property which is described on the other side of this form as "pledged" is s, release any security,waive any right you might have against any of us,extend new property which I am delivering to your possession to secure the payment of the secured 'edit to any of us,renew thls note,or all of the above,without affecting my obligation to pay obligations. You have the right to retain possession of this property until the secured re loan amount. obligations are paid in full All other terms of this note and security agreement also apply to this property. 'elver-!waive(to the extent permitted by law)certain rights I might otherwise have.These In particular(without intending to limit these provisions only to pledged property)' iclucleu a^•nd_pa etotmant.protest nntice of dj,SfQL1AL and notice_ef protest (a) You must use reasonable care in the custody and preservation of this property; Datil ' 1 Interest 1 Principal ' I I however,you are not required to preserve any rights I may have against any prior 1 parties to this property. (b) I agree to pay any additional costs you incur for the custody, preservation and ?23--S1 . . \r -L.__ • enforcement of any rights in this property. r, r ( (c) You may hold any increase or profits from this property as additional security, p^ 9hJ.`� 1 �"'( 1. I A: i �•r(_ though money must be applied toward payment of the secured obligations. 31-i.4, y�1 QQ '2)65. (d) You may arrange for yourself or your nominee to be shown as owner of the property. `' :• -P6 ' �� ���5 �� -_.� inform any prior party to make any payments on the property directly to you.and /� i �� repledge the property upon terms which do not affect my right to redeem t. 3-tSGy�( 135,14-7 5 ` •ci__-I• _`'7-?. [�'G ► 3'I Gz L /44 S� I ,g� f',/ -7I (e) The risk of accidental loss or damage is on me to the extent of any deficiency in 0 Y t JT _ effective insurance coverage. a -s', 15. I .3,/1e. _ al r]k0)z 7`.3 If) You are not responsible for any decline in value of the property while it remains in / / / p f� r you r4,Ossessio n. lt'/7•' ,10;, /5 , �S i ..••J" • .___.1 _,4,251' Li3 Filing -A carbon,photographic or other reproduction of this security agreement may be i2•" 3-ab _ F2;;• 57 I .'1__ • al, - used as a linsnc•ng statement where permitted by law !•"'" --/r7-- 7 ,.3l, )k,i.:. ( :tc�/A0. ,-/0 c. f o y_...__ --T -(7-r7 [S(a.3C- _l •�•13i1a, '.�a_Viz Zi iota Interest Princtp-tl T 3,i �` -?4�..i` 2�2.2s-off _ �, l ; J�I`t.� ISb' , 3( ,_{Q�_.i-1,,,. Hr)(:.` -i , (•.l .a' '' c�t� `�� In ea FTrN it re i SitU 3t�erantee- :• si.mn. .e)p'wlu onditional .udranteellh .. � 'of thenote total(.�s 7'a4-Y'7 -�/`1f '' ieTined in t e no e. a so agree t ata tie of er terms o tle note wi apply to e (4:- 5-YI I � C5.)(i i '/1, 1j j [3(:,-7.5 A 77 Lp SAME r -3- _21 71. 2V ( clg-210 , �lI A..7_ ,\S-t3 SAME II-.1- -.5- 1. . .3 j -Q.�!s 4 ...,3 ,y42 ryy ' iv K L- s._�_� __ �.p,r-tJ : -375. 3•}.s .l- 1. 20 ._ •_ 4 IS7. Q� F I do not claim any interest in the property listed in the securityig.: - `'.--.-�• r' rr�� • • a'U, •` m (initial) agreement. However, my guarantee of payment of the nota total ,U ? 3 i'f. s� j includes any amounts agreed lobe paid under the terms of the securiTi -!- "'�;r .�Y . agreement. I i{ `l(p, --j-___•33,<._1J..___, I do claim an interest in the property listed in the security agreemr '4 -'b7.c/ 1 • (Ini•iall The terms of the security agreement will also apply to me. Charles E. Seastrand LOAN EXTENSION AGREEMENT Note No 43010466 Clinton Iowa CITY - STATE • s13,023.78 Date 8-10-92 19 . ANNUAL . l Amount Financed FINANCE CHARGE PERCENTAGE RATE Total of Payments :S 13,023.78 $ 2,864.00 11.0. 14 $ 15,887.78 !This Is the amount you This Is the dollar amount This is what your loan This Is the total amount .are borrowing. this loan will cost you. will cost as a yearly rate you will pay If you make all of interest. payments as scheduled. IT IS HEREBY AGREED that the above numbered note, or payment, on which there is an unpaid balance of Thirteen Thousand Twenty Three & 78/100 Is 13,023.78 ) DOLLARS. shall be and is hereby extended to become due 8-1-95. Monthly payments of $335.79 each EXPLAIN 4-1-92 anti nn the came day of each month until 8-1-q5 when he-unp.ai-d prin. & Int. of $4135.13 shall be due & payable. and the undersigned, in consideration of the extension of lime for payment, does hereby agree to pay a fee of s _0— and further agrees to pay the said note, or payment,las above specified together with interest at the rate of 1-1 per cent per annum, payable ExrEtnonD ftl v SEMIANNUALLY) from 8-10-92 , 19 until the maturity as herein specified and at the highest - . : rate allowed by law,from maturity until fully paid.All terms and conditions of the original note and any security thereto attached is fully incorporated herein and fully ratified except as specifically modified by this extension agreement. By executing this Extension Agreement,the undersigned acknowledge receipt of a completely filled-in copy prior to consummation. I/We affirm that there are no unwritten oral agreements between the Lender and me/us. GATEWAY STATE BANK „iv • 601 So. 2nd St., Clinton, IA 52732 I 4.. . . ...1111). CREDITOR CUSTOMER . f By TITLE CUSTOMER AN EQUAL OPPORTUNITY LENDER Form c K eTi co`de,From P.O BOA 1017 Fa,rIeId.N.J.07006 C I y \ --� to � 1,7 • n? =i. .y Off , w1 eA r if *- A 1 . Charles E. Seastrand LOAN EXTENSION AGREEMENT Ye/�r Note No. 4301000466 Clinton Ia. _ CITY ST6TE $ 22,002.22 Date August 11 19 89 , ANNUAL Amount Financed FINANCE CHARGE PERCENTAGE RATE Total of Payments S 22,002,22 $ 6,0Sq_78 1l_nn • % $ 2g,nh2_nn This Is the amount you TPIs-Is the dollar amount This Is what your loan This Is the total amount are borrowing. this loan will cost you. will cost as a yearly rate you will pay If you make all of Interest. payments as scheduled. • • • IT IS HEREBY AGREED that the above numbered note,. or payment, on which there is an unpaid balance •of Twenty-Two Thousand Two and 22/100 ($ 22,002.22 ) DOLLARS. shall be and Is hereby extended to become due August 1. 1992. Monthly payments of 375.70 EXPLAIN beginning September 1, 1989 and on the same day each month until August 1, 1992 when the balloon balance of 14,912.50 will be &T in full . and the undersigned, in consideration of the extension of time for payment, does hereby agree to pay a fee of S and further agrees to pay the said note, or payment, as above specified together with interest at the rate of 11 • per cent per annum, payable Monthly EXPLAIN IMONTNLY •SEMI•ANNUALLYI from August 11. : , 19 g9 until the maturity as herein specified and at the highest • ' rate allowed by law,from maturity until fully paid.All terms and conditions of the original note and any security thereto attached is fully Incorporated herein and fully ratified except as specifically modified by this extension agreement. • ay executing this Extension Agreement, the undersigned acknowledge receipt of a completely filled-in copy prior to consummation. GATEWAY STATE BANK 601 So. 2nd St., Clinton, IA 52732 3/,„6,k,j, CREDITOR y► �,/ STDMER By TI t CUSTOMER FrmAN EQUAL OPPORTUNITY LENDER Eo Gren.&Cc a°'From P.0 Be.1017 F.,f,eld•N.J 07006 • • • 100 �'11101 6ZL�pE tIS• �� EXhr3 /r /q END OF CASE FILE //lir IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY IOWA STATE BANK & TRUST COMPANY, ) Plaintiff, ) EQUITY NO. fsJ$ 5 vs. ) WARREN D. COHEN; WENDRAM BLUFF HOMES ) ORIGINAL NOTICE ASSOCIATION; LEAH J. COHEN; SIGN ) PRODUCTIONS, INC. ; THE CITY OF IOWA ) CITY, IOTA; GENE NOVCIINY; LELAND ) NOVO NY; IOWA CITY BROADCASTING, INC. ) d/b/a KKK; STUDENT PUBLICATIONS, ) INC./THE DAILY IOWAN; SHAY ELECTRIC ) SERVICE, INC; STATE OF IOWA; THC .S ) PROESTTER COMPANY, also known as ) THOMS-PROESTLER COMPANY; MERCY ) HOSPITAL, IOWA CITY, IOWA; JIM'S ) REFUSE SERVICE CORPORATION; AND ) PRESS-CITIZEN COMPANY, INC. , ) i Defendants. ) oth v �._._ r 1,1 n . TO THE ABOVE-NAMED DEFENDANT: Ct - 117 YW ARE HEREBY NOTIFIED that there is now on file in the of of the c.� Clerk of the above Court, a Petition in the above-entitled action, a cy of which Petition is attached hereto. The Plaintiff's attorney is Gregg Geerdes, whose address is 321 E. Market Street, Iowa City, Iowa, 52245. YW ARE FURTHER NOIII1EL) that unless, within 20 days after service of this Original Notice upon you, you serve, and within a reasonable time thereafter file, a Motion or Answer, in the Iowa District Court for Johnson County, at the county Courthouse in Ionra City, Iowa, judgment by default will be rendered against you for the relief demanded in the Petition. CLERK OF THE ABOVE COURT I • (SEAL) BY: / DEPUTY Johnson County Courthouse Iowa City, IA 52240 NOTE: The attorney who is expected to represent the Defendants should be promptly advised by Defendants of the service of this notice. .n ca 0 0 c: rn -71 ! • _-+C") CD ' Ca r IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY IOWA STATE BANK & TRUST COMPANY, ) Plaintiff, ) EQUITY NO. S>33 vs. ) WARREN D. COHEN; WENDRAM BLUFF HODS ) PETITION ASSOCIATION; LEAH J. CDHEN; SIGN ) PRODUCTIONS, INC. ; THE CITY OF IOWA ) =� CITY, IOWA; GENE NOVOTNY; I£IAND ) NOVOINY; IOWA CITY BROADCASTING, INC. ) d/b/a KKRQ; STUDENT PUBLICATIONS, ) INC./THE DAILY IOWAN; SHAY ELECTRIC ) SERVICE, INC; STATE OF IOWA; THOMS ) -� PROESTLER COMPANY, also known as ) THOMS-PROESTLER COMPANY; MERCY ) _. HOSPITAL, IOWA CITY, IOWA; JIM'S REFUSE SERVICE CORPORATION; AND ) 9 n .n PRESS-CITIZEN COMPANY, INC. , ) Defendants. -Cr- . 111 V NOTICE THE PLAINTIFF HAS FT PCIED 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 MORTGA(;r:i) PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE-FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. IF YOU DO NOT FILE A WRITTEN DEMAND TO DELAY THE SALE AND IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT WILL NOT BE ENTERED AGAINST YOU. IF YOU DO FILE A WRITTEN DEMAND TO DELAY THE SALE, THEN A DEFICIENCY JUDGMENT NAY BE ENTERED AGAINST YOU IF THE PROCEEDS FROM THE SALE OF THE MORTGAGED PROPERTY ARE INSUFFICIENT TO SATISFY THE AMOUNT OF THE MORTGAGE Duff AND COSTS. IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS NOT A ONE-FAMILY OR TWO-FAMILY DWELLING, THEN A DEFICIENCY JUDGMENT MAY BE ENTERED AGAINST YOU WHETHER OR NOT YOU FILE A WRITTEN DEMAND TO DELAY THE SALE. COMES NOW the Plaintiff and for a cause of action against Defendants states the following: 1. Plaintiff is an Iowa banking corporation with its principal place of business located in Johnson County, Iowa. 2. Defendant Warren D. Cohen is also known as Warren Cohen and is a resident of Johnson County, Iowa. 3. Defendant Warren D. Cohen is an unmarried person. 4. This action seeks foreclosure of real estate mortgages held by Plaintiff which encumber the following described property located in Johnson County, Iowa: Lot 3 Wendram Bluff, a subdivision in Johnson County, Iowa, according to the plat thereof recorded in Book 17, Page 6, Plat Records of Johnson County, Iowa, together with any access easement which serves this property, and all other rights and interests in any way pertaining to this property. The above- described property is hereafter referred to as the 'o tgaged CD v Premises." D 7.4 cam) c,-. 5. Defendant Warren D. Cohen is the holder of title to the Mcaged rl Premises. o - , 6. Defendant Wendram Bluff Homes Association is named a defer ant this action because of a lien or claim which it may have against the Mortgaged Premises as a result of any unpaid assessment or other charge assessed by the association against the Mortgaged Premises and/or against Warren D. Cohen. 7. Defendant Leah J. Cohen is named as a defendant in this action because of a judgment for child support, tuition, medical and other payments 2 � t entered in favor of Leah J. Cohen and against Warren D. Cohen in Case Number 8117, Dissolution of Marriage Docket 27, page 147, Records of Johnson County, Iowa. 8. Defendant City of Iowa City is a municipal corporation and is named as a defendant in this action because of a judgment entered in its favor and against Warren D. Cohen in Case Number 34608, Small Claims Docket 54, page 608, Records of Johnson County, Iowa, on April 23, 1992. 9. Defendant Sign Productions, Inc. is a corporation and is named as a defendant in this action because of a judgment entered in its favor and against Warren Cohen and other Defendants in Case Number 54281, District Court Docket 143, page 211, on October 2, 1992. 10. Defendants Leland Novotny and Gene Novotny are named as defendants in this action because of a judgment entered in their favor and against Warren Cohen in Case Ntmtber 35481, Small Claims Docket 56, page 201, Records of Johnson County, Iowa, on October 7, 1992. 11. Defendant Iowa City Broadcasting, Inc. d/b/a KKRQ, is an Iowa corporation and is named as a defendant in this action because of a judgment entered in its favor and against Warren D. Cohen in Case Number 35527, Small Claims Docket 56, page 247, Records of Johnson County, Iowa, on November 17, 1992. 12. Defendant Student Publications, Inc./The Daily Iowan is named as a defendant in this action because of a judgment entered in its favor and against Warren Cohen and another defendant in Case Number 35562, Small Claims Docket 56, page 282, Records of Johnson County, Iowa, on DecEer n -71 1992. . t-) 3 �{{rrt s vw a. 13. Defendant Shay Electric Service, Inc. is named as a defendant in this action because of a judgment entered in its favor and against Warren Cohen and another defendant in Small Claim Number 35616, Small Claims Docket 56, page 336, Records of Johnson County, Iowa, on December 9, 1992. 14. Defendant State of Iowa is named as a defendant in this matter because of various notices of tax liens filed against Warren Cohen. These notices are as follows: a) A notice of lien filed by the Iowa Department of Revenue and Finance dated December 7, 1992, and recorded December 9, 1992, in Book 1475, page 124, Records of Johnson County, Iowa. This notice of lien is in the amount of $6,305.74. A copy of this notice of lien is attached as Exhibit A-1, and by this reference incorporated into this Petition. b) A notice of lien filed by the Iowa Department of Revenue and Finance dated December 9, 1992, and recorded December 10, 1992, in Book 1476, page 37, Records of Johnson County, Iowa. This notice of lien is in the amount of $11,478.00. A copy of this notice of lien is attached as Exhibit A-2, and by this reference incorporated into this Petition. c) A notice of lien in the amount of $835.36 filed by the Op State of Iowa, Job Service of Iowa dated October 14, _ w 1992, and recorded December 23, 1992, in Book 1482, p 77, Records of Johnson County, Iowa. This notice of lien is Notice Number 68-0024(6-84) , and a copy of then-‹ same is attached as Exhibit A-3, and by this reference icy incorporated into this Petition. -t; O d) A notice of lien in the amount of $331.08 filed by the 1E- ca State of Iowa, Job Service of Iowa dated January 13, a' 1993, and recorded January 27, 1993, in Book 1494, page 332, Records of Johnson County, Iowa. This notice of lien is number 68-0024(6-84) , and a copy of the same is attached as Exhibit A-4, and by this reference incorporated into this Petition. 15. Defendant Thorns Proestler Company is named as a defendant in this action because of a judgment entered in its favor and against Warren D. 4 Cohen and other defendants on April 27, 1993. This judgment was entered in Case Number 54391, District Court Docket 144, page 1, Records of Johnson County. A certificate of this judgment dated June 10, 1993 was recorded on June 11, 1993, in Book 1559, page 224, Records of Johnson County, Iowa. 16. Defendant Mercy Hospital, Iowa City, Iowa is named as a defendant in this action because of a judgment entered in its favor and against Warren D. Cohen in Small Claim Number 36708, Docket 58, page 148, Records of Johnson County. This judgment was entered on August 12, 1993. 17. Defendant Jim's Refuse Service Corporation is named as a defendant in this action because of a judgment entered in its favor and against Warren Cohen in Small Claim Number 37184, Docket 58, page 624, Records of Johnson County. This judgment was entered on November 3, 1993. 18. Defendant Press-Citizen Company, Inc. is named as a defendant in this action because of a judgment entered in its favor and against Warren D. Cohen in Case Number 55016, Docket 145, page 306, Records of Johnson County, Iowa. This judgment was entered on July 27, 1993. 19. On or about December 19, 1990, Defendant Warren D. Cohen executed in favor of Plaintiff his Promissory Note in the original principal amount of $107,500.00. A true copy of this note is attached as Exhibit B-1. Plaintiff remains holder of this note. The terms of this note have been modified once by written agreement, a copy of which is attached as Mbit B-2, and by this reference made part of this Petition. 20. On or about August 9, 1991, Defendant Warren D. Cohen executed in favor of Plaintiff a second Promissory Note in the original.principaiamot . �r) 7(r 72 sal 5 0 L CAI of $45,000.00. A true copy of this note is attached as Exhibit B-3 and by this reference made part of this Petition. Plaintiff remains holder of this note. 21. On or about April 27, 1992, Defendant Warren D. Cohen executed in favor of Plaintiff a third Promissory Note in the original principal amount of $20,000.00. A true copy of this note is attached as Mbit B-4 and by this reference made part of this Petition. Plaintiff remains holder of this note. 22. On or about October 7, 1992, Defendant Warren D. Cohen executed in favor of Plaintiff a fourth Promissory Note in the original principal amount of $4,242.07. A true copy of this note is attached as Exhibit B-5 and by this reference made part of this Petition. Plaintiff remains holder of this note. 23. On or about December 19, 1990, Defendant Warren D. Cohen executed in favor of Plaintiff a mortgage encumbering the Mortgaged Premier-. This mortgage was subsequently recorded on December 19, 1990, in Book 1192, page 214 of the Records of Johnson County, Iowa. A true copy of this mortgage is attached as Exhibit C, and by this reference made part of this Petition. Plaintiff remains holder of this mortgage. 24. All amounts owed under the Promissory Note described in paragraph nineteen of this Petition are secured by the mortgage described in the above paragraph twenty-three. 25. On or about July 1, 1991, Defendant Warren D. Cohen executed in %O favor of Plaintiff a second mortgage encumbering the Mortgaged Premiss. n>7.4 = 6 7(r- -0 rri a= t wN9 Dw rn This mortgage was subsequently recorded on July 3, 1991, in Book 1251, page 106 of the Records of Johnson County, Iowa. A true copy of this mortgage is attached as Exhibit D, and by this reference made part of this Petition. Plaintiff remains holder of this mortgage. 26. All amounts owed under the four Promissory Notes described in the above paragraphs nineteen through twenty-two, inclusive, are secured by the mortgage described in the above paragraph twenty-five. 27. On or about April 27, 1992, Defendant Warren D. Cohen executed in favor of Plaintiff a third mortgage encumbering the Mortgaged Premises. This mortgage was subsequently recorded on April 29, 1992, in Book 1362, page 118 of the Records of Johnson County, Iowa. A true copy of this mortgage is attached as Exhibit E. Plaintiff remains holder of this mortgage. 28. All amounts awed under the four Promissory Notes described in the above paragraphs nineteen through twenty-two, inclusive, are secured by the mortgage described in the above parayiaph twenty-seven. 29. Defendant Warren D. Cohen has defaulted under the terms of the Promissory Note described in the above paragraph nineteen by failing to pay the periodic principal, interest, tax and insurance payments specified in this note. Plaintiff hereby affirmatively elects to accelerate the entire unpaid amount owed under this note because of this default. As of the 18th day of November, 1993 the amount owed under this Note consisted of $116,290.49, including all principal, interest, and amounts expended-for ca O C7 ri property taxes and insurance. For each day after the 18th day of Noer;' C < ES 7 > Cw7 Cr% 1993 that this amount remains unpaid additional interest accrues thereon at the rate of $25.03 per day. 30. Defendant Warren D. Cohen has defaulted under the terms of the Promissory Note described in the above paragraph twenty by failing to pay the full amount owed under this note upon its maturity. As of the 18th day of November, 1993 the amount owed under this Note consisted of $49,260.32, including all principal and interest. For each day after this 18th day of November, 1993 that this amount remains unpaid additional interest accrues thereon at the rate of $10.39 per day. 31. Defendant Warren D. Cohen has defaulted under the terms of the Promissory Note described in the above paragraph twenty-one by failing to pay the full amount owed under this note upon its maturity. As of the 18th day of November, 1993 the amount owed under this Note consisted of $22,919.94, including all principal and interest. For each day after this 18th day of November, 1993 that this amount remains unpaid additional interest accrues thereon at the rate of $4.93 per day. 32. Defendant Warren D. Cohen has defaulted under the terms of the Promissory Note described in the above paragraph twenty-two by failing to pay the full amount owed under this note upon its maturity. As of the 18th day of November, 1993 the amount owed under this Note consisted of $4,703.74, including all principal and interest. For each day after this 18th day of November, 1993 that this amount remains unpaid additional co interest accrues thereon at the rate of $1.15 per day. o c 33. The notes and mortgages described above contain provisiong-j 1 ::: which the maker of these notes and mortgages t -v agrees to pay all cos ox 8 collecting the amounts owed under the same, including the cost of attorney fees, abstracting expenses, and court costs. Defendant Warren D. Cohen has had sufficient notice of these obligations and has nonetheless failed to pay the same. Plaintiff hereby demands these costs and other expenses. Attached to this Petition as Exhibit F is the affidavit required by Code §625.22 concerning the awarding of attorney feps. 34. More than thirty days prior to the comencement of this action, Plaintiff provided Defendant Warren D. Cohen with notice of his right to cure the defaults described in this Petition. Despite notice of this right to cure, Defendant Warren D. Cohen has failed to cure his defaults. Documentation of this Notice to Cure is attached as Exhibit G. 35. Any right, claim, and interest of Defendant Warren D. Cohen in and to the Mortgaged Premises is junior to the interest of Plaintiff in the same and as described in this Petition. 36. Any right, claim, and interest of Defendant Wendram Bluff Hermes Association in and to the Mortgaged Premises is junior to the interest of Plaintiff in the same and as described in this Petition. 37. Any right, claim, and interest of Defendant Leah J. Cohen in and to the Mortgaged Premises is junior to the interest of Plaintiff in the same and as described in this Petition. 38. Any right, claim, and interest of Defendant Sign Productions, Inc. in and to the Mortgaged Premises is junior to the interest of Plaintiff in the same and as described in this Petition. 39. Any right, claim, and interest of Defendant City of Iowa City, Iowa in and to the Mortgaged Premises is junior to the interest of Plaintgf 0 0 c7 n 9 --� i ra- -i --<r :2 I: y rn -� E5=0 � r� acquired by the mortgages described in the above paragraphs twenty-three and twenty-five, and all amounts owed to Plaintiff are secured by these two mortgages. 40. Any right, claim, and interest of Defendant Gene Novotny in and to the Mortgaged Premises is junior to the interest of Plaintiff in the same and as described in this Petition. 41. Any right, claim, and interest of Defendant Leland Novotny in and to the Mortgaged Premises is junior to the interest of Plaintiff in the same and as described in this Petition. 42. Any right, claim, and interest of Defendant Iowa City Broadcasting, Inc. d/b/a KKRQ in and to the Mortgaged Premises is junior to the interest of Plaintiff in the same and as described in this Petition. 43. Any right, claim, and interest of Defendant Student Publications, Inc./The Daily Iowan in and to the Mortgaged Premises is junior to the interest of Plaintiff in the same and as described in this Petition. 44. Any right, claim, and interest of Defendant Shay Electric Service, Inc. in and to the Mortgaged Premises is junior to the interest of Plaintiff in the same and as described in this Petition. 45. Any right, claim, and interest of Defendant State of Iowa in and to the Mortgaged Premises is junior to the interest of Plaintiff in the same and as described in this Petition. 46. Any right, claim, and interest of Defendant Thorns Proestler Company in and to the Mortgaged Premises is junior to the interest of Plaintiff in the same and as described in this Petition. c Ca o , v TSS= n -mac, 10 = r ©;b D 47. Any right, claim, and interest of Defendant Mercy Hospital, Iowa City, Iowa in and to the Mortgaged Premises is junior to the interest of Plaintiff in the same and as described in this Petition. 48. Any right, claim, and interest of Defendant Jim's Refuse Service Corporation in and to the Mortgaged Premises is junior to the interest of Plaintiff in the same and as described in this Petition. 49. Any right, claim, and interest of Defendant Press-Citizen Campany, Inc. in and to the Mortgaged Premises is junior to the interest of Plaintiff in the same and as described in this Petition. 50. The Mortgaged Premises is the dwelling of Defendant Warren D. Cohen, is not used for agricultural purposes as defined in Iowa Code §535.13, is less than ten acres in size, and Defendant Warren D. Cohen is in sole possession of the same. 51. Plaintiff hereby waives any right to a deficiency judgment which it may have against Defendant Warren D. Cohen. 52. Plaintiff should be entitled to have a receiver appointed in connection with the Mortgaged Premises, if Plaintiff subsequently so requests. WHEREFORE, Plaintiff requests the following relief: 1. That the lien of its mortgage recorded in Book 1192, page 214, of the Records of Johnson County, Iowa, be declared a first lien on the following described property and that the amount of $116,290.49 owed as of November 18, 1993 under the note dated December 19, 1990 as described in paragraph nineteen plus subsequent interest and other costs, includtg attorney fees, be found to be secured by the same: X=s— rn� c7-< r"' -4c� 11 =(r- -o 77 r = E5;01 ca -J Lot 3 Wendram Bluff, a subdivision in Johnson County, Iowa, according to the plat thereof recorded in Book 17, Page 6, Plat Records of Johnson County, Iowa, together with any access easement which serves this property, and all other rights and interests in any way pertaining to this property. 2. That the lien of its mortgage recorded in Book 1251, page 100, of the Records of Johnson County, Iowa, be declared a second lien on the following described property and that principal and interest of $193,174.49 as of November 18, 1993 plus subsequent interest and other costs, including attorney fees, be found to be secured by the same: Lot 3 Wendram Bluff, a subdivision in Johnson County, Iowa, according to the plat thereof recorded in Book 17, Page 6, Plat Records of Johnson County, Iowa, together with any access easement which serves this property, and all other rights and interests in any way pertaining to this property. 3. That the lien of its mortgage recorded in Book 1352, page 118, of the Records of Johnson County, Iowa, be declared a third lien on the following described property and that principal and interest of $193,174.49 as of November 18, 1993 plus subsequent interest and other costs, including attorney fees, be found to be secured by the same: Lot 3 Wendram Bluff, a subdivision in Johnson County, Iowa, according to the plat thereof recorded in Book 17, Page 6, Plat Records of Johnson County, Iowa, together with any access easement which serves this property, and all other rights and interests in any way pertaining to this property. 4. That any interest in or claim to the Mortgaged Premises which is held or claimed by or through any of the Defendants be declared junior to and inferior to the liens of Plaintiff's mortgages described in the above paragraphs one, two and three of this prayer for relief. 5. That Plaintiff have judgment in rem against Defendant Warren D. Cohen in the amount of $193,174.49 as of the 18th day of November, 93 i X zric5 r, --i 12 _n-f "a"' 1,71 cm 73 > co r.l for each thereafter that this amount remains unpaid the amount of $41.50 because of accrued interest, and additional amounts, as determined by the Court, for Plaintiff's attorney fees, court costs, abstracting and other expenses. 6. That the liens of Plaintiff's mortgages described in this Petition be foreclosed and that the rights, liens or interests of the Defendants and any person or entity claiming under, by or through them be forever foreclosed and cutoff other than any right that Defendant Warren D. Cohen may have to delay the Sheriff's sale in this matter. 7. That Plaintiff be entitled to have a special execution issue by this Court and that this execution be satisfied by Sheriff's sale of the above-described property and that a deed to this property be delivered to the highest bidder at this sale. 8. That this Court appoint a receiver in connection with the Mortgaged Premises if Plaintiff subsequently so requests. 9. That this Court retain jurisdiction to enter further relief to Plaintiff as it deems just and appropriate flow time to time. DAilD this 1,3 day of November, 1993. Respectfully submitted, IOWA ST :• & TRUST COMPANY I BY: GREGG GEERDES c.v c.2 321 E. Markets C2 Iowa City, Iowa 52240 T,.:.3 n (319) 337-3197 c)-C I am" -.n a ATTORNEY FOR PLAINTIFF =dr- 3 Fr O M 13 1> c a I ti4 W . Frl - O v . ,� � , f;''1 • ' Y _ --d C'� i. �� _ " 7::;i3 '''' .- -' I y'is`. `;.. 69265-U00:3(71 6.oa3, IOWA DEPARTMENT OF REVENUE AND FINANCE , • • _ NOTICE OF TAX LIEN r� r FEE FILED HO.012J3J STATE OFIOWA t ....Jy75...' -'!r I_ POLK COUNTY ( 55 co 92 DCC-9 PH I: (19 V j- IOFntdiCabon,Numbee$ :'1`' Cohen, Warren J561.25L20$' I Audrey Court ) ;;.(• - Iowa City, IA 52240 Reason Ior Assessment Party for Warren Company '• Jeopardy E. Estimated ii NOTICE DATE: Dec 7, 1992 7. : NOTICE OF TAX LIEN for Withholding Tax 52 ..QQ2436 County Lren Number • f • YOU ARE ASSESSED FOR THE IOWA TAXES INDICATED BELOW: e •1. Date e. Tax Period Assessed Tan Penalty Interest Fees TOTAL -- 91-10-31 92-10-16 535.00 53.50 63.65 10.00 662.15 91-11-30 535.00 53.50 58.30 646.80 91-12-31 535.00 53.50 52.95 641.45 2' �•. 92-01-31 535.00 53.50 48.14 636.64 92-02-29 535.00 53.50 43.32 631.82 y 92-03-31 535.00 53.50 38.50 627.00 ;;A,1-7) _ 92-04-30 535.00 53.50 33.69 622.19 .. 'j I ' , 92-05-31 535.00 53.50 28.88 617.38 1 92-06-30 535.00 53.50 24.06 612.56 92-07-31 535.00 53.50 19.25 607.75 t_ t "• TOTAL AMOUNT DUE 6305.74 '' 1 r 1 000525655-003 BY DIRECTOR Priv f- UOtument Numter G D.Bair,Onecm, JJ • . SEAL _ %%4._/ • .<1475 7LLE 12.1 6350"' IOWA DEPARTMENT OF REVENUE AND FINANCE 1 '" NOTICE OF TAX LIEN C(tL}. FILED NO. UI 26.)5 1,i i STATEOFIOWAr 1. Lt - ����' _ 1 I POLK COUNTY ( SS r 1 I 3 'II•. - r; 00 92 DEC 10 PH 2: 21 5 _ rl, r rrfurpbers i. ,. ,.IOenl t cat an+� , COHEN,WARREN DHA SSN1 561-25-2918 11; V. : TINU S ROCK L ROLL DINER 1 1;: - ..! 1 AUDREY COURT ST FED ID 42-1359584 1 C IOWA CITY IA 52240 Reason for AsSessmenl I,; JEOPARDY AND ESTIMATED I.1; PERMIT 1-52-013824 NOTICE DATE; DEC 9, 1992 I if! - - fi'r .` NOTICE OF TAX LIEN for SALES/USE TAX 52 0267906 it '?' : COunty Lien Number 1�'.. YOU ARE ASSESSED FOR THE IOWA TAXES INDICATED BELOW: 1 if II Iti DATE Ta.Period ASSESSED Tile Penally Interest Fees TOTAL .r I ,#.,1 92-03-31 92-10-30 2000.00 200.00 144.00 10.00 2354.00I,1 ; 92-05-31 92-30-30 20011.00 200.00 108.00 2308.00 I 92-06-30 92-10-311 2000.00 2110.00 90.00 2290.011 1L1.. 12-07-31 92-10-30 2000.00 200.00 72.00 2272.01 1. �. '_; 12-08-31 92-10-30 201.111.1.10 200.0U 54.00 2254.110 11478.110 TOTAL AMOUNT DUE i 000525841 004 1!'ii BY DIRECTOR allW I I 11 - mum Docuenl Number G.D,B.'.D .cr il,. .IIli. if • SEAL 1.I ,l 1 l ,V 1476 :ICI 37 G .•• ' w -j c-,--c I • : --t c-, am , r- ::Ni .--7 . w • V • •( - 4z ' l' - i X 1 , ; 4__ - - �_ .- _ - .. a. - - - 1*-4"'""•'""`-`—` 16'*°---° 1""a"`"*"'mgl"" 227455000 77(003 10-14-92 !.1 : ! . . pd 5°_‘? STATE OF IOWA JOB SERVICE OF IOWA 1000 EAST GRAND AVENUE DES MOINES, IOWA 50319 NOTICE OF LIEN 68-0024 (6-84) To Whom It May Concern: zi I Notice is hereby given that on 10-14-92 JOB SERVICE OF IOWA made an assessment of employer - . contributions against: ()13Wti I 71LED 0_n EMPLOYER ACCOUNT I 227455-3 - 77 Warren Cohen Diner 92 DEC 23 NI 3: 54 dba Timos Roc)i-N-Roll 224 S. Clinton St. Iowa City Iowa 52240 - in the sum of $835.36 which, after demand for payment thereof, remains unpaid 1.'!".!WA and which, together with accruing interest and costs, is a lien upon all property . and rights of property both real and personal, belonging to the above named employer. ' The assessment was made and the lien therefore is claimed in favor of the State of Iowa, pursuant to provisions of 96.14-3, Code of Iowa, 1986. Dated on 10-14-92, in the City of Des Moines. Job Service of Iowa BY: Michael Marineau, Acting Supervisor, Tax Section Attest7/ : / - - P. h. Allen, Collection Officer SEAL ?AC[ 7— / 11. f 7 C, 7.<r— x• A - ; .771 . 11 J••••• - • • • i .- 7: Qca • !'l >,7.-4 h 2 � 11 .#.. _. �f —� p •• M MC p L' w 727155000 TKn03 01-13-93 CO ryr Yi. _ STATE OF IOWA _;: _ J08 SERVICE OF IOWA 1000 EAST GRAND AVENUE DES MOINES, IOWA 50319 S:. NOTICE OF LIEN 68-0024 (6-84) T• o Whom It May Concerns Notice ie hereby given that on 01-13-93 JOB SERVICE OF IOWA made an assessment of employer contributions against: EMPLOYER ACCOUNT $ 227455-3 Warren Cohen dba Timo's Rock-N-Roll Diner 224 S. Clinton St. Iowa City Iowa 52240 in the sum of $331.08 which, after demand for payment thereof, remains unpaid and which, together with accruing interest and costs, is a lien upon all property and rights of property both real and personal, belonging to the above named employer. The assessment was made and the lien therefore is claimed in favor of the State of Iowa, pursuant to provisions of 96.14-3, Code of Iowa, 1986. ,j Dated on 03-13-93, in the City of Des Moines. Job Service of Iowa BY: `fes-%;%lam . Michael Marineau, Acting Supervisor, Tax Section ), + Attest: ..,.."7 -l.X ML/ P. A. Allen, Collection Officer r. {)15 -iLEn )io. cs 1 :F SEAL - ..._�... ...-:.._..-33/- t. ^3 J'il 27 MI 0: 54 .np c + .. . .149 1 ,'41-4 332 d� -�:a.� ..�.-._,. — -r.. - ,..L..rra:;:._.._ -^ I:•:ru,v.b4.Alamo t;..W,..S�-4•°.��a.. 1�', e • DOTE .PPCF-A.c3NR.).4.r..I99Q .ACW)C-171 �� ;9.o.. n..t ...Ola.C.Nlii ....IQka+..4i17...AA.,5214Q • .,..,,,......t • 1.B01R01{'ER•1 PROMISE TO PAI' 0 5 In return for a loan that I have received.I promise to pay. 1700.00 U.S.5 rA 0 (this amount • .. is called'principal"),plus interest,so the order of she Lender.TM lender is 1QnT ;STATE m ` .',fK)ST.l7GT"OM I understand that the Lender may transfer this Note.The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the'Note Holder- 2.MEREST older.'2.1h9EREST Interest will be charged on unpaid principal until the full amount of principal has been pa99O will pay interest at a yearly rare of.10.50A.....it.Interest will be charged beginning on AACI7Sk.Gf?.39r.. • The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(b)of this Note. 3.PAYMENTS ' • (A)Scheduled Payments I will pay principal and interest by making payments when scheduled: each on the fj�I will make.59 payments of 1../.10838 r1885B 1ST of each 110tIIH beginning on .E RiIAK1.1r.1991 0 I will make payments as follows: . .„...:.:. a--" ...• above,I will Ja�`' axon acral of$ 89 5 s.06 19 . ... :.....:,. 1n addition to the payments describedPaY y payr� on.JAIIUARY•1?•3996 The Note Holder will deliver or mail to me notice prior to maturity that the balloon payment is due.This notice will state the balloon payment amount and the date that itis due. • (B)Maturity Date and Place of Payments I will make these payments as acheduled until I have paid all niche principal and interest and any other charges described below that I may owe under this Note.Idy scheduled payments will be applied to interest before principal. If,on.JA1411ABY.•1.r••1986I still owe amounts under this Note,I will pay chose amounts in full on that date,which is called the"maturiry date." • • I will make my scheduled payments at 1D2.Sa TII•CLINTCN.SfREQ'e..IGNA.1:11Ye..1A...52244 or►t a different place if required by the Note Holder. . . . 4.BORROItIR'S RIGHT TO PREPAY I have the right to make payments of principal at any time befog?they are due.A payment of principal only is known as a'prepayment.'RI-ten I make a prepayment,I will tell the Note Holder in writing that I am doing so. • I may make a full prepayment or partial prepayments without paying any prepayment charge.The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note.Ill make a partial . prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. • S.LOAN CHARGES • if a law,which applies to this loan and which sets maximum loan charges,is filially interpreted so that the interest or oche,loan charges collected or to be collected in connection with this loan exceed the permitted limits, then(i)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and(ii)any sums already collected horn me which exceeded permitted limits will be refunded tome.The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me.If a refund reduces principal,the reduction will be treated as a partial prepayment. • 6.bORRONER'S FAILURE TO PAY AS REQUIRED (A)Late Charge for Oserdue Payments If the Note Holder has not received the full amount of any scheduled payment by the end of .15 calendar days after the date it is due,I will pay a late charge to the Note Holder.The amount of the charge will be payment of principal and interest.I will pay this late charge promptly but only once on 6.000• A of my overdue each late payment. (B)Default ' 1(1 do not pay the full amount of each scheduled payment on the date it is due,1 will be in default. (C)Notice of Default If I am in default,the Note Holder may send me a written notice telling me that if 1 do not pay the overdue amount by a certain date,the Note Holder may requite me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount.That date must be at least 30 days after the date i on which the notice is delivered or mailed to me. (D)No kaiser By hole Holder ' Even if.at a time when I rens in default,the Nate Holder dors not require me to pay immediately in full as described above,the Note Holder will still have the tight to do so if 1 am in default at a later time. (E)Payment of Note Molder's Costs and Expenses 11 the Note Holder has required me to pay immediately in full as described above,the Note Holder will have940 the right w be paid back by me for all of its costs and expenses in enthis Note to the extent no:prohibited O Co.) by applicable law.Those expenses include,for example,tcssonabk attorneys'fees. M• MULTIPURPOSE FIXED RATE NOTE IMULTISTATEI A� c) 1,A'.t[RS SYSTrx'.S.1N:•61 C.40../O.us 667x7 10414.4 1.4116.616 astir " ' =..C.) �a Kr". 3 ` =e E . .6- ,(,� ,) w CO I a • 7.CMNG OF NOTICES Unless applicable law requires a different method.any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Propeny Address above or et a different address • if I give the Note Holder a notice of my different address.• Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class snail to the Note Holder et rhe address stated in Section 3(b)on the front side of this Nae or at a different address ill am given a notice of that different address. B.OBIJGA11ONS OF PERSONS UNDER THIS NOTE flown than one person signs this Note,each person is fully and personally obligated to keep all of the promises made its this Note.including the promise to pay the full amount owed.Any person who is a guarantor,surely or endorser of this Note is also obligated to do these things.Any person who takes over these obligations,including the obligations of a guarantor,surety or endorser of this Note,is also obligated to keep all of the promises made in this Note.The Nese Holder may enforce its tights under this Note against each person individually or against all of us together.This means that any one of us tray be required to pay all of else amounts owed under this Note. 9.Yxf1ERS I and any other person who has obligations under this Note waive the tights of presentment and notice of dishonor.'Presentment'means the right to require the Note Holder to demand payment of amount due.'Notice of dishonor'means the right to require the Note Holder togire notice toot her persons that amounts due have not been paid. • 10.SECURED NOTE In addition to the protections given to the Note Holder under this Note,a Mortgage.Deed of Trust or Security [ked(the"Security Instrument'),dated the same date as this Note,protects the Note Holder from possible losses which'night result if 1 do not keep the promises which I make its this Note.That Security Instrument des:ribes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note.Some of those conditions are described as follows: Transfer of the Property ora Beneficial Interest la Borrower.Hall or any part of die Property or any interest in it is sold or transferred(or if a beneficial interest in$01/UMW is told or tt.roferreJ and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option, require immediate payment in full doll sums secured by this Security Intro nem.However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security instrument. • If Lender exercises this option,lender shall give Borrower notice of acceleration.Me notice shall provide a period of not less than 30 days from the dare the notice is delivered or mailed within which • borrower must pay all sums secured by this Security Instrument.If Borrower fails to pay these sums • prior to the expiration of this period,Lender may invoke any remedies permitted by this Security • instrument without further notice or demand on Borrower. 11.BALOO1 PAYMENT DISCLOSURE (Complete the balloon payment notice below if this Note provides for a balloon payment at Section NA)on the Soot aide of this Note.) • THIS WAN IS PAYABLE IN FULL .Cki.Jt>jT' a IMMIX I MUST RER1%THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE,WHICH MAYBE A LARGE PAYMENT.ME LENDER IS UNDER NO OBLIGATION TO REFINANCE TIL WAN AT no 111U.I VILE,THEREFORE,BE REQUIRED TC)MAUsT PAYMENT OM OF OTHER ASSETS THAT I MAL'OVA,OR I‘11.1,111.411 TO FIND A LENDER,MUD HAY BE THE LENDER iwt This LOAN alis(,'BILLING TO LEND ME TIE MONEY.LF 1 REFINANCE THUS WAN AT MATURITY,I MAY HAVE • TO PAY SOME OR ALL OF THE CLOSING COSTS NOPMAILYASSOCLUED'( IANEN'LOANEYE%IFIOBTAINREFINANCING FROM THE SAME LENDER. • • WITNESS THE HAND(S)AND SEALS)OF THE UNDERSIGN • •^ V .. .. (Slap WARREN D. COHEN +-�— (Seal) (Seal) fSi►••n Original OnIyJ Ca) C.) min0 • �C) m C7-•‹ I• tT) CO I i KATE CItANCIt - LOAN EXTENSION AGREEM' IT AND DISCLOSURE STATEMENT (Refinancing Balloon Payme,.,.•n First Mortgage Real Estate Loans.) February 1. 1992 (Date) I.PAYMENT SCHEDULE AND DISCLOSURE: It is hereby agreed that attached Mortgage Note No. 52-0983-8 _,with a present unpaid principal balance of$ 104,116.53 ,Is hereby extended andior changed and shall become due and payable In . 47 separate Installment payments,the Initial 46 payments to be In the .. - amount of$ 1,095.53 each,Including interest,payable on the let day of each • successive month commencing on the 1st day of March 19 92 and the 47th and tuna?Installment of principal In the amount of 1- .86,897.79 shall also be due and payable on the 1st day of ..anuary 19.2 ...........The final payment due Is a Balloon Payment,and Nie%.chigurcPtL,xicaa}";KM Nita'JfaSit"C"1} ilgd:ILNIX.1paiCXXXltlloo;if Y is due and payable II.OTHER DISCLOSURES: A.ANNUAL PERCENTAGE RATE(The cost of your credit as a yearly rate.) 9.00 . B.FINANCE CHARGE(The dollar amount the credit will cost you.) f 33.839.07 C.Amount Financed(The amount of credit provided to you on your behalf.) f 104.116.53 D.Total of Payments(The amount you will have paid after you have made all payments as scheduled.) f 137,956.40 You are entitled to receive at this time an Itemization of the Amount Financed.Please check one Cl the following: I want an Itemization XX 1 do not want art Itemization III.OTHER PROVISIONS: 1.Late Charges:In the event of tate payment,Interest may be charged at the highest legal rate on delinquent amounts until paid. 2.Prepayment Penally:This loan may be prepaid In whole or In part at any lime without penalty. 3.Interest Rebate Formula:Not applicable. 4.Security:Bank retains as security for this loan Its first mortgage lien on the following described real estate: Lot 3, Nendram Bluff, a subdivision in Johnson County, Iowa, according to the plat thereof recorded in Book 17_. page 6, plat records of Johnson County, Iowa. obtained under a real estate mortgage recorded In Book 1192 at page 214 Mortgage Records In the oflice 01 the Recorder of Johnson County,Iowa. 5.Hazard Insurance:Maker(s)shall Insure the above described real estate against loss by lire and other perils in an amount at least equal to the unpaid balance due bank.Makens)may select the party from whom such insurance Is obtained subject to lows State Bank a Trust Company approval of the Insurance company. Flood Insurance: Is XX is not required,as available,under the National Flood Relief Program. 6.Except as modified by this agreement all terms and conditions of the original note and real estate mortgage referred to above are ratified In full. 7.The undersiggnne Makers)hereby acknowledge receipt of a copy of this Loa A reement and Disclosure Statement. IOWA STAT�AN �'UST h1 ]owe City,Iowa ����\. blame o r. Co ie �� By / 1 ICreditor MakensJ Went L rehle, Vice President IV.INSURANCE CREDIT LIFE AND ACCIDENT a HEALTH INSURANCE. Any Credit Life or Accident and Health Insurance for which a charge or premium is Included as part Cl Debtor's Obligation IS NOT REQUIRED BY THIS LENDER. Said costs are S Ido do not__XX want Credit Ole Insurance `.. want Accident&Health Insurance(Debtor only) Consumer's Signature to Above !element Warren D. Cohen I do do not want Credit Lite Insurance Co-Consumer's(Co.Maker or Co-Deotor)Signature to Above Statement ld3 ?C`) Q e :' • . � -fir r,. p_2 - Q, ,. ae# ..S'r Ca CA a Name ;llc 1:or cn Cc:-.:.n Date 7 Lain 15='73 Amount=5. 1_nD Note 8 Acct No. ' .: ' 1 •.1 7 Term 1 c0 B:,yr Due Date Tatt'r'try- G, 1i•n2 Purpose TT"' tint •52 '. c37 riles 2'►,(12; rte=s- itan=s £n•• �i_nzi 3-77z7.177-7-''• 7 ercr const;uctien conte PROMISSORY NOTE FOR VALUE RECEIVED the undersigned jointly and severally,as principals,promise to pay to the order of 1i:.'. E.AN:: :s i. ti t'Csl...•A'�.'c. C==:, 7c..c at its principal place of business, or at such other place as may be designated from lime to lime by the holder of this note, the principal sum of Forty Fivc Thousand a:A oo/100— — -Dollars (a 1.5,C:33 with interest to maturity at the rate of 12.00 percent( tz'i:1re and no/100 per annum on the balance remaining from time to lime unpaid and after either maturity or detaull at the rate of it.03 percent • ( Cir.teen )per annum;said principal and interest to be paid at the above indicated due dale or as follows: 5.:'.cic n-;. ape a.t 2•cirr Jr-.. .r t, 11-'52 s-i ter f tC,S'irL; c1j•r. it cc7c'i • or in equal installments of S each and one final installment of S. al;payable on the same day of each successive month begintrire day of 19 ,with any then remaining principal balance ar i .creat due ri .aturify,each such payment to be applied first in payment of interest due on the unpaid principal and the remainder in reduction of tie I!default it r.',ade in the payment of this note;or If Debtor IIk�tc?t4o-rq pp,a na'1t,promise or cond:ion of any other note,obligation or agreement with lite holder,or tf holder believes itself insecure,the entire prin7pa'•End ,cruea jnt�ies!shall a!once become due and payable without notice at the Option of the holder of this note,and thereupon the undersigned agree pay a!'mist.of collection,including attorney fees.Failure to exercise these options she not constitute a wail E'O'the rtOh1 to deolae the enlire1 pr-icipa!a^.:y_nttof this note E'.o i^.r.erc511`rereo:due and payable a!once a!any ' subsequent time. This note is secured by sr e,is!-ig end future security interests co.,y f"r sem.irly.eSreeir enle betv.eer.the maker(s)and holier,or holder and any endorse:,st:re:y Or patentor O't°'is nota:and payment may be acce:_,..;r;_ecur .r_:; -r.y o!t,t m.Holder may,v.i!hout notice o'demand,seta, age insf any credit balance or o;`ter m:ne) now or hereale'oe.ed the unde:S7ac)b oldef a' a-,,un:unpaid under this note. Without aflect.rg the lability o7 any mater,endorser,surety or guarantor,�''iP�1C';]'.e`'Iilvj'.%f' a,pc:�;e.renew or extend the time for payment,accept partial paymenfe,release or imps':any colla!e:al which is security for the pay.',enf O' . note'or r_'FE no!to Sue any party liable.Any make' endorser, Surely or guarantor further egret that the holder is not required to fest resort far payment to an;, cr.:a:eral. Presentment,demand,protest. notice and diligence is bringing suit against any party are hz:ems,v;eived by s71 persons signatory hereto,either as maters,endorsers,sureties o'Oue-anlors. / /��•1 Maker represents and warrants that the extension O!ere::t evidenced by this note is)c but caes wmmercia!or agricultural purposes,or if to organization. ('//' The security egreement(s)by.which this note is secured include,but are not limited iosecurity e_'eement(s)dated: 19 r .19 Additional provisions• 7!1/11 The undersigned borrower(s)a:i.nowledge(s)receipt a co •oft.is instrument. ADDRESS OF BORROWER •c 1larrcr. Co:,)uiy 1 Z (Nair or Cx p n,•. Pa'-,eo`.;e`Orga-:caUm; Ire-.a Svre:a A.,•a Raar Hol (Sp-a'tor 1 r[• 5c..., ri: (low-.) -- f'r• - - ISra:t, 12c Gruel Oyer lie-n, 'IU.m= ISx Se:Nr l I:.: :;, : • �� ��"Z.\ ' �. (Peine: (113-,e1 lainetess) ilaryra:,ml `• C&''1,7-r' • TF PLIC .T:•- (Tyr':Meisel fend) (So. • 4.0 EC No 12 Foe:Rale Prom.ss:+ry Note Iowa es'+err Assa,aIr,-Renee Ma•d.1955-Molnar[Prnronp Inc Dee Mrn',esCAI Q *C -.4C) -<r-- m w f> . .I I, Name - '',rrei r7 "' • l / Date— anter] 7-r 1on� Note 8 Acct.No. 1) 2 �,• �7 �� — Amount $20,DUO.Do Term ]!. rir v. Purpose ttpr);t�� G$ y�_3 Due Dale t oc r-*. • , +.r FOR VALUE RECEIVED the undersigned jointly and severally,PROMISSORY asO M(SSOR rincipals,PNOTE romise o pay to the ordert /OWL Tr.IdP.T'g Z 1'001&442.7 o at its principal place of business,or at such other place as may be designated from time to tai ea by the holder of this note,the principal sum of %farlL ' thOtIS.E.Fle. rand no 10 (5 20 DOO.DO --_...--_� with interest to maturity at the rate of t n ey Dollars per annum on the balance remaining from time to lime unpaid and after either maturity percent( ^-•++ , i Q5 t ����__) �_. . ( r^ _•_ •„ •• Y or default at the rate of .7.!:....'.'•: — )per annum;said principal and interest to be paid at the percent above indicated due date or as follows: DIT^ :a on-a in orall payable on the same dayequal installments of$flmatu .eachsuthPaymet each and one final install of each successive month installment o1$ 19— with any then remaining principal balancedayo1 on the unpaid principal and the remainder in reduction of PPnto be a lied first in payment of interest due . flIf default is made in theof the holder,or if payment this note;or if Debtor its 10 rl, r-. holder believes itself insecure,the entire princip- a accrued erest shall at once become due and payable without notice at the option of the holder of this note,and thereupon the undersigned : r to nt'promise or condition of any other note,obligation or agreement options sthlle not constitute a waiver of the tot declare the enL• inti a'a pay allto is of collection,including attorney fees.Failure to exercise these opbsequent time. P u•.i of this note and interest thereon due and payable at once at any This note is secured by all existing and future securityinterests CO ',fined I. endorser,surety or guarantor of this note,and paymt may be acce-:d ed a cor•',De encs between them may,maker(s)and notice or emar and any against any credit balance or other money now or hereafter owed the under 'di 'b old .n of mom”Holderpain Without affecting the liability of any maker,endorser,surely or guarantor, of without notice demand,setoff partial payments,release or Impair anyy amount unpaid under this note. to once,renew or extend the time for payment,accept surety or collateral which is security for the pa)mens of • ie or-gP Y Presentment,or guarantor demanh,further agrees oGthe a holder is not tirequired to suit against for payment to : 'll not to sue any party liable.Any maker,endorser, makers,endorsers, d y party are ie).b�,llaterat. sureties or guarantors- ':,ed by all persons signatory hereto,either as Maker represents and warrants that the extension of credit evidenced by this note i or • gess,commercial or agricuttura' u organization. • The security agreement(s)by which this note is secured include,but are not limited to.security agreement(s)dated: p ,poses,or is to an Additional r 19 p ovisions. 3'.r-.i:. doted 4 r,2 The undersigned borrower(s)acknowledge(s ceipl of a ••py of this instrument. ADDRESS OF BORROWER INanw of.. /y�' +" + •+1•- o aW�Pannersr,cO'or i.za,.r'J IN.,,d S�,ert o R,'a ....reKo.) BF r `•� (T.D.'', Sim_:C..n (State (zpeoaeJ D. Cohc:i re=idon (rrde NaaMl (Phone) Bc( 1�=-.Ns-, \ (Ta•c J. _ (Sa Sec No) (Ho i (Susmessl c r ) TRIPLICATE-FILE 1i' r1C1 D. C (rrpe Name) ° �� 7::c:a-i of t+r.23 Pae) 1Soc Set No) IBA No 12 Fixer!Rate Promissory Noir kw.s Ba•4eis Assota:q--Reetse Ma,M tBEE-Mai+,a•o Fleming ke.pes A.y,,es • _ co O co D„ C ) iig C7-.< I r...., IP e:: -° j 01 b CO ZF;K 77 � CO • f ` ` For Use in'n armple heves!lousiness.oomeneraand a•aagncu ens and 1o+ mpie interest bats to ores aatons 1 , ..-f"'FIXED RATE NOTE Name Warred D. Cohen Date October 7 19W Amount S4,242.07 Note 8 Acct.No. '''`' • i `' ` Term 23 dais Due Date October 30, 1992 Purpose payoff business ER• rses RtP7„YN. T: Income PROMISSORY NOTE FOR VALUE RECEIVED the undersigned jointly and severally,as principals,promise to pay to the order o1 at its principal place �f'' ' :sr-7i.tai: is :. ?S:a(, of business,or at such other place as may be designated from time to time by the holder of this note,the principal sum o1 Four Thousand Two Sundred port —two and 07/100— (s______4,242.07------------ 7- $ 4,242.07-----.------- Dollars --jwith interest to maturity at the rate of 9.95 per annum on the balance remaining from time to time unpaid and after either maturity percent( pine and 95/100-- cent per annum and 00/100------) y or default at the rale of 16.00 7 per annum;said principal and interest to be paid at the above indicated due date or as follows: percent DUE: October 30 1992 or in a able on theequal installments of$ SIIeach and one final installment of$ payable same day of each successive month beginning on the • 19 ,with any then remaining day of on the unpaid principal and the remainder in d -- o a e principal.due on maturity,each such Payment to be (Check if applicable) applied first in payment of interest due -," ;.�! -1] in addition to we,it t e older has not-received the full amount of any scheduled payment by the end of calender days- r the due •- e • -•shall pay$ as additional interest. II default is made in the payment of this o ,'se.. r - s to•-rf i rm any covenant,promise or condition of any other note,obligation or, 1agreement with the holder,or if holder believes itself in in:e re princi.=l •nd : crued interest shall et once become due and payable without notice at the option of the holder o1 this note,and thereupon the . rsigned - r e I. ,.r- all costs of collection,including options shall not constitute a waiver of the right to tl= L,=thee•.,r= ri. i attorney fees.Failure to exercise these subsequent• ontime. 'a unt of this note and interest thereon due and payable at once at any This note Is secured by all existing and future secun . .,ai endorser,surety or guarantor of this note,and payment may be c ,a a• urch y `,any of them.Holder the maker(s)may. without and holder,`or holderemands any against any credit balance or other money now or hereafter ow: , •:un.. g o any of mom. piunder hisnnotice or demand,setoff Without affecting the liability of any maker,endorser,surety or g.arantor,the holdb 'der ny amount unpaid under this note. f penial payments, payment release or impair any collateral which is securityfor the a ment t z +�t tree no renew or extend the time Anyor payment, ,a , surely or guarantor further agrees that the holder is not required to first resort for a• or agree not 1. sue Presentment,demand, r -rat to an• any party liable. maker, protest.notice and diligence in bringing suis against hereby bwive makers,endorsers,sureties or guarantors. Y.=any are waived byall Maker represents and warrants that the extension of credit evidenced by this note is for business,commercial persons signatory hereto,either as organization. or a ricultural u The security9 purposes,Or is to an agreement(s)by which this note is secur- include, ut are not limited to,security agreement(s)dated: 19 Additional provisions: REPS dated 7 1/91 and 4 19 27 92 The undersigned borrower(s)acknovrledoe(s)r-.eipl oo a copy •1 th' instrument. ADDRESS OF BORROWER 1 A-u d=COU Court 8 Warne of Cat,orat,on P Rift, ' Otyy C�, ` `a_Orgavxauon) (NJ Slier-a Flu.' knee,No) ``\ �\ �® Iowa City, IA (Spee eJ 52240 Venn) gotten D. 0o.`.en (state) War Cock; ern.Name) (enc.-KtRoio (sac se:No.) (Home) (Business) (Srpnelore) TRIPLICATE-FILE (.1 rpt Nm ae) tD (Tme) 6(S« sec IBR No 12 Freed Rate Promssory Note ^ ion 6a•+Aers Asswna!an-Rensec PVC. *n rnawn G7- I• r'''' C:3,0 _ 'I 't �/ D £K. 2-5- Pd00 (JOIi�Q`' !,0 GEC 19 pii 2: 13 . . • :r: . • ISvs.•nw..hos Un.to.Swatting On.) MORTGAGE THIS MORTGAGE("Security Instrument')is given on -DECEMBER 19 19-90 The mortgagor is .WARRESi.D..CCIHEN,..A.SIIIELE.-PERSON (Burrower-I.This Security Instrument is given rte...IOWA.SPATE .HANK.&.TFOSf.00CdPANY which is organized and existing under the laws of ..TUE.STATE.OF..1CVIA •and whose address is.102.&J..E SI.• .a.INlY ') STREET,..IWA.CITY.,.IA•.52244 (-Lender") Bur rower owes Lender the principal sum of ..Chani•HUNDRED-D SEVEN..fl30USA/ID-FIVE EL/NORM•Ai&)•I4/1 DO•• ***es*** Dollars(US.E•107•,500.00 )This debt is evidenced by borrower's note dated the same dare as this Security Instrument("Note.).which provides(or monthly payments,with the full debt,if not paid earlier,due and payable on ..JANUARY•1,•.1996 This Security Instrument secures to Lender:(a)the repayment of the debt evidenced by the Note,with interest,and all renewals,extensiuos and modifications;ib)the payment of all other sums,with interest,adsaneed under paragraph 7 to protect the sesurit)'of this Security Instrument;and(r)the performance of Borrower's covenants and agreements under this Security Instrument and the Nure.Fur this purpose,borrower dues hereby mortgage;grant and convey to Lender the following described property Count Iowa: located in •JOii[v'90N )' IDT 3, WENDRAP:BLUFF, A SUBDIVISION IN 0010193N m0141FY, ICN, ACCORDING 40 711E FLAT THE:ROF RECORDED IN BOOK 17, PIDE 6, PLAT RECORDS OF JCi t:S[N COL , IQh•.. 1 t.0 © C..k) c)-s- ( iiquu ;Crrip 177 CAI 0 whir,has rhe address of -ONE•AUDREY -10.41 CITY tsn..;l IGhI Iowa 52240 ("Property AJdiesi'); R.o Coo.) Ttx.rTHIR WITH all the improvements now or hereafter erected on the property.and all easements,rights, appurtenances,rents,royalties,minrtal,uil and gasrighu and profits,w ater rights and stud and alt fmtute,now or hereafter a part of the property.All repla,enientsand additions shall Abu becuvered by this Securtt Instrument Allot the foregoing is trtarred to in this Security Instrument as the-Property." DORM/bait CttvINANTS that Borrower is lawfully seised of the estate limb) curtseyed and has the right to mortgage,I;tant and cunsc) the Property and that the Property is unencumbered.eater lot encumbran.es of Mufti burrower warrants and ill defend gctw-rally the tidy to du Property against all claims and denuiwls,suhara to any encumbrances of tccutd. THIS SICUSITT INSIRUMINT combines uniform covenants (art ua,iunal use and nan•undurm..nenants witb- limited s ariations by jurisdiction to cunstitutt a uniform security instrument warring teal property j]y% i7 30)b IOWA—S,npie fam,ty—FMMA/FN(MC UNIfOFM INSINUM[Ni a: 217 lure12,13 AAheIIS SYSTEMS.N:.51 CLOUD,MA INN2 MR.MD 145 Spix • UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: I.Payment of Principal and Interest;Prepayment and Late Charges.borrower skill promptly pay when Jur the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2.Funds for Taxes and Insurance.Subject to applicable law ur to a written waiver by Lender,Borrower shall pay to Lender on the day monthly payments arc due under the Note,until the Note is paid in lull,a sum(Funds";equal to one•twellt h of:(a)yearly taxes and assessments which may attain priority over this Security Instrument;(b)yearly leasehold payments or ground rents on the Property,if any;(r)yearly hazard insurance premiums;and Id)yearly mortgage insurance premiums,if any.These items are called"escrow items."Lender may estimate the Funds due un the basis of current data and reasonable estimates of future escrow items. The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency(including Lender if Lender is such an institution).Lender shall apply the Funds to pay thr escrow items Lender may nut charge for holding and applying the Funds,analyzing the account or verifying the escrow items,unless Lender pays Borrower interest un the Funds and applicable law permits Lender m make such a charge.Borrower and Lender may agree in writing that interest shall be paid on the Funds.Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds.Lender shall give to Borrower,without charge,an annual accounting of the Funds showing credits and debits to the Funds and the purpose fur which each debar to the Funds was made.The Funds are pledged as additional security for the sums secured by this Security Instrument. If the amount of the Funds held by Lender,together with the future monthly payments of Funds payable prior to the due dates of the escrow items,shall exceed the amount required to pay the escrow items when due,the excess shall be,ar Borrower's option,either promptly repaid to Burrower or credited to Borrower un monthly payments of Funds.If the amount of the Funds held by Lender is not sufficient to pay the escrow items when due,Burrower shall pay to Lender any amount necessary w make up the deficiency in one or more payments as required by Lender. Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly refund to Burrower any • Funds held by Lender.If under paragraph 19 the Property is sold or acquired by Lender,Lender shall apply,nu later than • immediately prior to the sale of the Property or its acquisition by Lender,any Funds held by Lender at the time of application as a credit against the sums secured by this Security Instrument. 3.Application of Payments.Unless applicable law provides otherwise,all payments received by Lender under paragraphs 1 and 2 shall be applied:first,to late charges due under the Note;second,to prepayment charges due under the Note;third,to amounts payable under paragraph 2;fourth,to interest due;and last,to principal due. 4.Charges;Liens.Borrower shall pay all taxes,assessments,charges,fines and impositions attributable to die Property which may attain priority over this Security instrument,and leasehold payments or ground rents,if any.Burrower shall pay these obligations in the manner provided in paragraph 2,or if not paid in that manner,Borrower shall pay them on time directly w the person owed payment.Burrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph.If Borrower makes these payments directly,Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Burrower:o) agrees in writing to the payment of the obligation secured by the lien in a manner-acceptable to Lender;di)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien or forfeiture of any part of die Property;or(c)secures from(lie holder of she lien an agreement satisfactory to Lender subordinating The lien to this Security Instrument.If Lender Jeterminra that any part of the Property is subject to a lien which may attain priority over this Security Instrument,Lender may give Burrower a notice identifying the lien.Borrower shall satisfy the lien or take one or more of the actions set forth above within ID days of the giving of notice. S.Hazard Insurance.Borrower shall keep the improvements now existing or hereafter erected un the Property insured against loss by fire,hazards included within the term"extended coverage"and any other hazards for which Lender requires insurance.This insurance shall be maintained in the amounts and fur the peritda that Lender requires.The insurance carrier providing the insurance shall bit chosen by Borrower subject to Lender's approval which shall nut be unreasonably withheld. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.Lender shall have the right to hold the policies and renewals.If Lender requires,Burrower shall prompt))Or to Lender all receipts of paid premiums and renewal notices.In die event of loss,Burrower shall give prompt notice to the insurance carrier and Lender.Lender may make proof of loss if nut made promptly by borrower. Unless Lender and Burrower otherwise agree in writing,insurance proceeds shall be applied to rnstorat ion or repair of the Proper()damaged,if the restoration of repair is economically feasible and Lender's security is not lessened 11 the restoration or repair is nut economically feasible or Lender's security would be lessened,the insurance procerda shall be applied to the sums secured by this Security lnstrunwnt,whether or not then clue,with any exerts paid to Borrower.If Borrower abandons the Property,or dues nut answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds.Lender may use the proceeds to it pair or restore the Properry ur to pay sums secured by this Security Instrunient,whether ur nut then due.The 30-daj period v, begin when the notice is given Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred loin paragraphs 1 and 2 of charge tie aotount of the payments If under paragraph 19 the Properly is acquired by Lender,Borrowers right to arty insuran.e polities and proceeds reaulnng from damage to the Property prior to the acquisition shall pass to Leudet to the talent cat the sums sesurtJ b)rho Security Instrument immediately prior to the acquisition 6.Preservation and Maintenance of Property;Leaseholds.Borrower shall no;destroy,damage or substantially change the Property,allow the Property to deteriorate or commit waste 11 this Si,urn) iu:rutnrnt is un a Ieassiuid. Borrower shall comply with the provisions of dee(case,and if Borrower acquires fee title is.the Propel ty,the leasehold and fee title shall not merge unless Lender agrees to dee merger in writing. 7.Protection of Lender's Rights in the Property;Mortgage Insurance.If Borrower rails to perlurnt clic covenants and agreements contained in this Security Instrument,or there is a legal proceeding that(aa)s,rndi.antl)ahem Lender's rights in the Property(such as a proceeding in bankruptcy,probate for condemnation or to rudest to law s or regulations),then Lender may do and pay for whatever is necessary to protect the talon of the Property and It rider',rights in the Properly. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument,appear tog in court,paying reasonable attorneys'fees and entering un the Property to make repairs Although Lender may tale action under this paragraph 7,Lender dues nut have to do so. - Any amounts disbursed by Lender under this paragraph 7 shall become additional delft cal burrower set it�) ,l,is Security Instrument.Unless Borrower and Lender agree to other germs of payment,thea.amounts shall bear intYreStlruni the date of disbursement at the Note rate and shall bepay able,withinterear,uponnotice horn Lender toborrow e tea ng irr1 payment. n C7 1 4".115: i;a: 215 ` _f~ CI Z.7 6'• C p• 2 ko • vita W • 1= C=1 n FYI G m -� If Lender required mortgage insurance as a condition of making the loan srrur,J by this Securu1 strument,burrower shall pay the premiums required to maintain the insurance mcflrct until sm.l,time as a repairs-met r- •� the insurance terminates in ac.orJan.e with Burrowers and Lcridct's written agreement or apphuhlt law. > IL Inspection.Lender or its agent may make reasonable euaries upon and iusysecaimo of alit Ihup.ray.Lender>hall give Borrower notice at the time of or prior to an inspection specifying reasonable cause fur Is' in>prcI;un 9.Condemnation.The proceeds of any award or claim for damages,direct or consequential.in tonne.aion with any condemnation tar other raking of any part of the Properry,or for conveyance in lieu of cundcmnatiun,are hereby assigned au,) shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to tate sums secured by this Security Instrument,whether or nut then due,with any exec»paid au bortower.In the event of a partial taking of the Property,unless Burrower and Lender otherwise agree in writing,the suns,stewed by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of she sums secured immediately bettor taking, divided by at)the lair market value of the Property immediately before the taking.Any balance shall be paid to borrower. If the Property is abandoned by Burruwer,ur if,after notice by Lender to borrower that he wndemnor offers to make an award or settle a claim fur damages,Borrower fails to respond to Lender within 30 days after the date Ilse notice is given, Lender is authorized to collect and apply the proceeds,at its option,tither to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or nor then due. • Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extent tar postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 10. Borrower Not Released; Forbearance By Lender Nota Waiver.Lxtrnsiun of the time liar payment ur modification of amutt izarion of the sums secured by this Security Inst ruanent granted by Lender ria any sue.essur in interest of Borrower shall not operate to release the liability of the original Borrower or Burrowers successors in interest.lender shall not be required to commence proceedings against any successor in interest tar refuse w extend time for payment or others.iso modify amortization of the sums secured by this Security instrument by reason of any demand made by t e original borrower or burruwer's successors in interest.Any forbearance by Lender in exercising any right or remedy shall nor be a waiver of or preclude the exercise of any right tar remedy. 11.Successors and Assigns Bound;Joint and Several Liability;Co-signers.Thetuveoants and agreements of this Stan Instrument shall bind and benefit the succeasots and assigns of Lender and Burrower,aubj,ce to the prosi>iuna of paragraph 17.Borrower's covenants and agreements shall be joint and seseral Any burrower who cu-signs this Security Instrument but dues nut execute the Note:(a)is co-signing this Security instrument only to mortgage,grant and convey.that Borrower's interest in the Property under the terms of this Security Instrument;(b)is nut personally obligated to pay the sums secured by this Security Instrument;;and(c)agrees that Lender and any usher Burrower may agree to extend,modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without chat borrower's consent. 12.Loan Charges.If Ilse loan secured by this Security Instrument is subject to a law whish sets maximum loan charge!,and that law is finally interpreted au that the interest or whet loan charges colleen-dor to be colletteat to connection wail.the liar,exceed the permitted limits,ticen:(a)any such loan charge doll be reduced by the amount necessary to red,,se the charge to the permitted limit and(b)any suns,already collected from Burrower w hick exceeded permitted limits w ill be refunded to Borrower.Lender may choose to make this refund by reducing the principal um ed under the Note or by making a direct payment to Borrower.If a refund reduces principal,the reduction will be treated as a partial pit-payment without any prepayment charge under the Note. 13.Legislation Affecting Lender's Rights.If enactment or expiration of applicable laws has the effect of rendering any pros isiun of the Nate or this Security Instrument unenforceable according to its terms.Lender, t its option,may n•gaire imanrdiaie pJyuc•nt in full of all suns,secured by this Security Instrument and may ins oke any remedies permuted by paragraph 1).11 Lender exercises this option,Lender shall take au-steps specified in the s,sond paragraph of patagrapl.17. I-i.Notices.Any notice to burrower provided for in this Security Instrument shall be given by delivering it or by nu ding it by first class mailurair»appli.ablelaw require,ascotatwitter method.The notice shall beJiteet dtothrPngrsty Addressor aoy other address Bur row.es designates by notice to Lender.Any notice to Lender shall begiven by tits'class mail to Lender's address state)herein or any other addtea,Lender designates by notice to Borrower.Any mmise pros titled for in tins Security Instrument shall lar deemed tohas ebeengiventuburruwerorLender wheagivcnaay •i.eJinthis paragraph 15.Governing Law;Severability.This Security Inauumeut shall be governed by ledetal law and the law of the jurisJactiun in which the Property is located.In the-event that any pros'skin clause of tl.is Se•turmy Inttunset or the Note .onlhi ts w nth applicable has.,such coni liet shall not affect other pl ovtsions of this Se.u rity.Inst rum,to or ills Note whi,I.ea n be given effect without the conflicting provision.To Isis end tltr prosisiuus of this Security Instrument and the Note are d.fared to be steerable. 16.Borrow er's Copy.Burrower shall be given tent conformed sup)of Ihr Note and of aIns Se.a try Instrument 17.Transfer of the Property or a beneficial!metro in burrower. If all tat any part an tie Property or any inn-test iia it is sol,)or translt•rreJ(or if J beneficial interest in borrower i,sold or a anstenod and 1.3.1l1.1,"I I Is nor a natural poison)without Lender's prior w •n consent,Lender may,at Its apron•tcyuitr immediate pay talent m lull of all aunts secareJ by this Security instrument.However,this option than not be etetoard by Lender it exercise is pwhabmed by federal law a,of she date of this Security Instrument. If Lender exercises t his option,Lender shall give Burrower notice of acceleration Thr notice shall pros i,ie a period of nut less than iD Jays front she date the notice is delivered or mailed within w Lich borrower mast pay all suras seemed by the Security Instrument.II Borrower hails to pay these tunas prior to the capital it of this peaisad,Lender may invoke any remedies permitted by sbis Security Jnstrument w it out further nous tar demand oat Borrower IS.Burrowers Right to Reinstate.If Burrower meets certain tonsn;uu>.Borruwrr dull hate ahs right to have enturtensent of this Se,ortty Instrument discontinued at arty time prior tulle rather of:tel 5 Jays fur soil,,,iher per as applicable law may six.dy for reinstatement)before saleuf the Propt n)pursuant to an)power of sal,eonta.nsJ in this Se- '-- curmy Instrument;or(h)entry of a judgment enforcing this Smut;q Instrument.Those condition,are that liarauwcr tat pap Lender Albums is Lich then would be due under this Secun II)Im,ttumrn and the Notr had m,a.,elctar.on is.,artcJ.lb/ cures.mty default of any whet cunvennta or agreements;tel pays all.-spensra tat.ort d in Elliott my;;los Se.urn)hist mute tar, iu,laJ.ng,but not lemon!to,reasonable attorneys'fees,and td)takes su,lt au...n as Lender ma)r,,a..t.aM) teyune res as' sure Int Ise lien of this Security Instrument.Lender's rights in the Ploperay and Burrow ate obh}ahuo to pay the sums se:wed by this Security Instrument shall continue unchm,l'td Upsan ae;mutenent by l utruwe-r,tills S"ill Instrument and Ibe uhhgaI;ona secured hereby shall remain fully ellccane as if no asst krativa had u..0 ted Howe,.r,this t to tamsiatr shall not apply in the ease of x.eletat.on under paragraph,13 or 17. .,cry, :• . Ill f: / �x vi ( P' J • NON.UNIIOkM COVLNANTs Borrower and Lender further covenant and agree as follows 19.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration follow ing Burrow cr's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraphs 13 and 17 unless applicable law provides otherwise).The notice shall specify:(a)the default;;(b)the action required to cote the default;(c/a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured; and(d)that failure to cure the default on or before the date specified in the notice may result inaccekration 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 foreclusure proceeding the nun- existence of a default or any other defense of Borrower to acceleration and foreclosure,1i the default is not cured on ur • before the date specified in the notice,Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 19, including,but not limited to,reasonable attorneys'fees and costs of title evidence. • 20.Lender in Possession.Upon acceleration under paragraph 19 or abandonment of the Property and at any time prior to the expiration of any period of redemption following judicial sale,Derider(by judicially appointed ec...irt'rl shall he entitled to enter upon,take possession of and manage the Property and to collect the rents of the Property including those past due.Any rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents,including,but nut limited to,receiver's fees,premiums un receivers bunds and reasonable attorneys'fees,and then to the sums secured by this Security Instrument. 21.Release.Upon payment of all sums secured by this Security Instrument,Lender shall release this Security Instrument without charge to Burrower. 22.Waivers.Borrower relinquishes all right of dower and waives all right of homestead and distributive share in and to the Property.Borrower waives any right of exemption as to the Property. 23.Redemption Period.If the Property is kss than 10 acres in size and Lender waives in any foreclosure proceeding any right ma deficiency judgment against Borrower•the period of redemption from judicial sale shall be reduced to 6 months. If the court finds that the Property has been abandoned by Borrower and Lender waives any right to a deficiency judgment against Burrower,the period of redemption from judicial sale shall be reduced to 6Odays.The provisions of this paragraph 23 shall be construed to conform so the provisions of Sections 62g.26 and 621)27 of the Code of Iowa. 24.Riders to this Security Instrument.If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument.(Check applicable box(es)1 0 Adjustable Rate Rider 0 Condominium Rider 0 2-4 Family Rider 0 Graduated Payment Rider 0 Planned Unit Development Rider 0 Other(s)'specify) BYStGNING BELOW,borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed by Burrower and recorded with it. 1 understand that homestead property is in many cases protected from the claims of creditors and exempt from judicial sale;and that by signing -X ���_ (Sratl'? this contract, I voluntarily give up my right to W1,RREN D. COH N this protection for this property with respect to claims based upon this contract. tScal) —borrow., L. Ow...ane naw) ts.aratura and Our? STATE Of IOWA. ss: County of ..JDHNSON On this 19th da).of December ,A.D90.,before mc•a Notary Public in the State of lova,personally appeared ..dihRP>r:: D.•Q)HEI,.R_.51 ...Xi •aN to me knawn to the on mrd in and who executed the foregoing instrument,and acknowledged that.RE r .Ic :,e I$ vulunuq act and deed bey Commission expires' LI•f i••ata tut N•a tOYnlr cele Swl{ z NPr',u>t7.SY7 olap rn cs auesam _,r —v 6 t cpN W j1f2 i;a: 2J'? � X `tC tlf 5' m — —_=Wn:•AETATEe ASSOCIATION- s_.....„. __— / FOR THE LEGAL EFFECT OF THE USE • OFFICIAL FORM NO.728 `"' of THIS FORM,CONSULT YOUR OVER 7 MORTGAGE VoCA°, — — THIS MORTGAGE is made between Warren D. Cohen, A Single Person ("Mortgagors")and I Towa State sank a Tr .' (- Trust Crimea Mortgagee"). 1.Grant of Mortgage and Security Interest.Mortgagors hereby set,convey and mortgage unto Mortgagee, I •! and grant a security interest to Mortgagee in the following described property: a.Land and Buildings.At of Mortgagors'right,title and interest in and to the following described real estate . situated in Johnson County,Iowa(the"Land"): I Lot 3, Wendram Bluff, a subdivision in Johnson County, Iowa, i according to the plat thereof recorded in Book 17, Page 6, Plat Records of Johnson County, Iowa. • FILED N�O. 0002 71 91 JUL—3 AH 6:36 iii c . .:r'ii .1-ter I.:....1 Nt. . and all buildings,structures and improvements now standing or at any time hereafter constructed or placed upon the • Land(the"Buildings"),including all hereditaments,easements,appurtenances,riparian rights,mineral rights,water ' rights,rights in and to the lands lying in streets,alleys and roads adjoining the land,estates and other rights and interests now or hereafter belonging to or in any way pertaining to the land. b.Personal Property.All fixtures and other personal property integrally belonging to,or hereafter becoming an integral part of the Land or Buildings,whether attached or detached,including but not limited to,light fixtures,shades, rods,blinds,venetian blinds,awnings,storm windows,screens,linoleum,water softeners,automatic heating and air- conditioning equipment and at proceeds,products,increase,issue,accessions,attachments,accessories,parts, additions,repairs,replacements and substitutes of,to,and for the foregoing(the"Personal Property"). c.Revenues and Income.All rents,issues,profits,leases,condemnation awards and insurance proceeds now or hereafter arising from the ownership,occupancy or use of the Land,Buildings and Personal Property,or any part thereof(the"Revenues and Income"). TO HAVE AND TO HOLD the Land,Buildings,Persona!Property and Revenues and Income(collectively called the "Mortgaged Property"),together with all privileges,hereditaments thereunto now or hereafter belonging,or in any way i appertaining and the products and proceeds thereof,unto Mortgagee,its successors and assigns. 2.Obligations.This Mortgage secures the following(hereinafter collectively referred to as the'Obligations): a.The payment of the loan made by Mortgagee to She Warren Company evidenced by a promissory note dated July 01 , 19 .__' in the principal amount of $ PS non nn with a duedateol .i+rty n1, loge ,any renewals, extensions,modifications or refinancing thereof and any promissory notes issued in substitution therefor;and b.All other obligations of Mortgagors to Mortgagee,now existing or hereafter arising,whether direct or indirect, • contingent or absolute and whether as maker or surety,including,but not limited to,future advances and amounts . ! advanced and expenses incurred by Mortgagee pursuant to this Mortgage. c. 3.Representations and Warranties of Mortgagors.Mortgagors represent,warrant and covenant to Mort- gagee that(i)Mortgagors hold clear title to the Mortgaged Properly and title in fee simple in the Land,(ii)Mortgagors have the right,power and authority to execute this Mortgage and to mortgage,and grant a security interest in the Mortgaged (I -Property;(iii)the Mortgaged Property is free and clear of all liens and encumbrances,except for real estate taxes not yet delinquent and except as otherwise slated in subparagraph 1a herein;(iv)Mortgagors will warrant and defend title to the li Mortgaged Properly and the lien and priority of this Mortgage against all claims and demands of all persons,whether now existing or hereafter arising;and(v)at;buildings and improvements now or hereafter located on the Land are,or will be, ' located entirely within the boundaries of the Land. 4.Payment and Performance of the Obligations. Mortgagors will pay all amounts payable under the ' Obligations in accordance with the terms of the Obligations when and as due and will timely perform all other obligations of I; Mortgagors under the Obligations.The provisions of the Obligations are hereby incorporated by reference into this Mortgage as it fully set forth herein. II 5.Taxes.Mortgagors shall pay each inst&!meat of all taxes and special assessments of every kind,now or hereafter 'I levied against the Mortgaged Properly before the same beaerrle delinquent,mil bout notice or demand,and shall deliver to :j j Mortgagee proof of such payment within fifteen(15)days aper the date in which such tax or assessment becomes 1 delinquent. '11 6.Liens.Mortgagors shall not create,incur or sutler to exist any ben,encumbrance,security interest or Charge on the Mortgaged Property or any part thereof which might or could be held to be equal or prior to the lien of this Mortgage,other lt.D than the lien of current real estate taxes and installments of special assessments with respect to which no penalty ja,yel it W payable.Mortgagors shall pay,when due,the claims of al!persons supplying labor or materials to or in connection vlelhe II O Mortgaged Property C"? rS 1 .n' I 7.Compliance with Laws.Mortgagors shall comply with all present and future statutes,laws,rules,dcq I C� r regulations and ordinances affecting the Mortgaged Properly,any part thereof or the use thereof. I I ""� S.Permitted Contests.Mortgagors shall not be required to I ,., eq Opay any tax,assessment or other charge reler�to f in paragraph 5 hereof,(ii)discharge or remove any len,encumbrance or charge referred to in paragraph 6 hereof,or-Ic) i. I comply with any statute,law,rule,regulation or ordinance referred to in paragraph 7 hereof,so long as Mortgagor— i '1J - _`_----- — ---- -- ---- - 51 p rt - - 1 «,.:��.wa.s:.:.� - .."t]�, I,•_ iii _.- - -----_- � � `•�,�>r `` Ti.,%M,'Oct.1%.1. 126 NOR LO 6X. U Contest,in good faith,the existence,amount or the vabdrty thereof,the amount of damages caused thereby or the extent of Mortgagors'liability therefor,by appropriate proceedings which shall operate during the pendency thereof to prevent(A) • the collection of,or other realization upon the fax,assessment,charge or lien,encumbrances or charge so contested,(B) the sate,forfeiture or loss of the Mortgaged Property or any part thereof,and(C)any interference with the use of occupancy of the Mortgaged Property or any pal thereof.Mortgagors shall give prompt written notice to Mortgagee of the commencement of any contest referred to in this paragraph 8. 9.Care of Property.Mortgagors shall take good care of the Mortgaged Property;shall keep the Buildings and Personal Property now or later placed upon the Mortgaged Property in good and reasonable repair and shall not injure, destroy or remove either the Buildings or the Personal Property during the term of this Mortgage.Mortgagors shall not make any material alteration to the Mortgaged Property without the prior written consent of Mortgagee. ' 10.Insurance. a.Risks to be Insured.Mortgagors,at their sole cost and expense,shall maintain insurance on the Buildings and other improvements now exislrrrg or hereafter erected on the Land and on the Personal Property included in the • Mortgaged Property against loss by fire,extended coverage perils and such other hazards as Mortgagee may from time to time require,such insurance to have a"Replacement Cost"endorsement attached thereto,with the amount of the insurance at least equal to the balance of the Obligations.At Mortgagors'option,such policy may have a coinsurance clause of not less than 93%0 of replacement cost provided the policy contains an appropriate form of cost escalation endorsement.Mortgagors will at their sole cost and expense,from time to time,and al any time at the request of Mortgagee,provide Mortgagee with evidence satisfactory to Mortgagee of the replacement cost of Mortgaged Property Mortgagors will maintain such other insurance as Mortgagee may reasonably require. b.Policy Provisions.All insurance policies and renewals thereof maintained by Mortgagors pursuant to this Mortgage shall be written by an insurance carrier satisfactory to Mortgagee,contain a mortgagee clause in favor of and in form acceptable to Mortgagee,contain an agreement of the insurer that it will not amend,modify or cancel the policy except atter thirty(30)days prior written notice to Mortgagee,and be reasonably satisfactory to Mortgagee in • all other respects. c.Delivery of Policy or Certificate.If requested by Mortgagee,Mortgagors will deliver to Mortgagee original policies satisfactory to Mortgagee evidencing the insurance which is required under this Mortgage,and Mortgagors shall promptly furnish to Mortgagee all renewal notices and,upon request of Mortgagee,evidence of payment thereof. At least ten(10)days prior to the expiration date of a required policy,Mortgagors shall deliver to Mortgagee a renewal policy in form satisfactory to Mortgagee. d.Assignment of Policy.If the Mortgaged Property is sold at a foreclosure sale or if Mortgagee shall acquire title to the Mortgaged Property,Mortgagee shalt have all of the right,title and interest of Mortgagors in and to any insurance policies required hereunder,and the unearned premiums thereon,and in and to the proceeds thereof resulting from any damage to the Mortgaged Property prior to such sale or acquisition. e.Notice of Damage or Destruction;Adjusting Loss.If the Mortgaged Property or any part thereof shall be damaged or destroyed by fire or other casualty.Mortgagors wit,within five(5)calendar days after the occurrence of such damage or destruction,give written notice thereof to the insurance carrier and to Mortgagee and will riot adjust any damage or loss which is estimated by Mortgagors in good faith to exceed 525,000 unless Mortgagee shall have • joined in or concurred with such adjustment:but it there has been no adjustment of any such damage or loss within four(4)months from the date of occurrence thereof and if an Event of Detautt shall exist at the end of such four(4) month period or at any time thereafter.Mortgagee may alone make proof of loss,adjust and compromise any claim under the policies,and appear in and prosecute any action arising from such policies.In connection therewith, Mortgagors do hereby irrevocably authorize,empower and appoint Mortgagee as attomey-in-fact for Mortgagor (which appointment is coupled with an interest)to do any and all of the foregoing in the name and on behalf of Mortgagors. f.Application of Insurance Proceeds.All sums paid under any insurance policy required by this Mortgage shall be paid to Mortgagee,which shall,at its option,apply the same(after first deducting therefrom Mortgagee's expenses incurred in coliecting the same including but not limited to reasonable attorneys'lees)to the reduction of the • Obligations or to the payment of the restoration,repair,replacement or rebuilding of Mortgaged Property that is damaged or destroyed in such manner as Mortgagee shall determine and secondly to the reduction of the Ob:•gatiorts Any application of insurance proceeds to principal of the Obligations shall not extend or postpone the due dale of the installments payable under the Obligations or change the amount of such installments. g.Reimbursement of Mortgagee's Expenses.Mortgagors shall promptly reimburse Mortgagee upon demand for at'of Mortgagee's expenses incurred in connection with the collection of the insurance proceeds,including but not limited to reasonable attorneys'fees,and a!:such expenses shall be additional amounts secured by this Mortgage. 11.Inspection.Mortgagee,and its agents,shall have the right at all reasonable limes,10 enter upon the Mortgaged Properly for the purpose of inspecting the Mortgaged Property or any part thereof.Mortgagee shall,however,have no ' duty to make such inspection.Any inspection of the Mortgaged Property by Mortgagee shah be entirely for es benefit and Mortgagors she in no way rely or claim reliance thereon. 12.Protection of Mortgagee's Security. Subject to the rights of Mortgagors under paragraph 8 hereof, If Mortgagors tail to perform any or Mc covenants and agreements contained in this Mortgage or if any action or proceeding is commenced wrn.ch affects the Mortgaged Property or the interest o:the Mortgagee therein,or the tine thereto,then Mortgagee,at Mortgagee's option,may perform such covenants and agreements,defend against or Investigate such action or proceeding.and take such other action as Mortgagee deems necessary to protect Mortgagee's interest Any amounts or expenses disbursed or incurred by Mortgagee in good faith pursuant lotto;paragraph 12 with interest thereon at the rate of t P no ro per annum,shall become an Obligation of Mor tgagors secured by ties Mortgage Such amounts advanced or disbursed by Mortgagee hereunder sl nall be immediately due and payable by Mortgagors unless Mortgagors and Mortgagee agree in writing to other terms of repayment Mortgagee shall,at its option,be suhrogated to the lien of any mortgage or other lien discharged in whole or in part by the Obt gations or by Mortgagee unoer the provisions hereof,and i.O any such subrogation rights shah be addition;l and cumulative security for this Mortgage.Nothing conlarne'+w this paragraph shall require Mortgagee to incur any expense or do any act hereunder,and Mortgagee shall not bear9e to (=I Mortgagors for any damage or claims arising out of action taken by Mortgagee pursuant to this paragraph. t7 tn .71 13.Condemnation. Mortgagors shall gee Mortgagee prompt notice of any action, actual or threateaeor17 w; �. condemnation or eminent domain and hereby assign.transfer and set over to Mortgagee the entire proceeds of ancayai( I or claim for damages for all or any part of the Mortgaged Property taken or darnagec under the power of eminent. .t or condemnation. Mortgagee is hereby authorized to intervene in any such action in the names of Mortgagor T "0 Compromise and settle any such action g!clam,and to collect and receive from the condemning authorities a-• • proper receipts and acquittances for such proceeds Any expenses incurred by Mortgagee in intervening in such ae. !"R compromising and settling such action or claim.or collecting such proceeds shall be reimbursed to Mortgagee ti. the proceeds The remaining proceeds o'any part thereof shalt be applied to reductrc,n o'that po•Lon of the Ote,.•"•ns _then most remotely to be paid,se t due or not,or to the restoration or repair o' t Mortgaged Property the c -•of O a;,nftcation to be solely at the disci e,eon of Mortgagee. n..!..1 r„5 J f. I Ol t` .t �tx• 0 P ' f 14.Fixture Filing.From the.....,e of its recording,this Mortgage shall be effective as a financing statement fled as a fixture tiling with respect to the Personal Property and for this purpose the name and address of the debtor is the name and -address of Mortgagors as set forth in paragraph 20 herein and the name and address of the secured party is the name and address of the Mortgagee as set forth in paragraph 20 herein. 15.Events of Default.Each of the following occurrences shall constitute an event of default hereunder(•'Event of Default"): • a.Mortgagors shall default in the due observance or performance of or breach its agreement contained in paragraph 4 hereof or shall default in that due observance or performance of or breach any other covenant, • • Condition or agreement on its part to be observed or performed pursuant to the terms of this Mortgage. b.Mortgagors shall make an assignment for the benefit of its creditors,or a petition shall be filed by or against Mortgagors under the United States Bankruptcy Code or Mortgagors shall seek or consent to or acquiesce in the ap`14, Iment of anyirustee,receiver or liquidator of a material part of its properties or of the Mortgaged Property `rt'S'} I fibj�n'lhin th(rty(30)drys atter the appointment of a trustee,receiver or liquidator of any material part of • 1[Ne pieperiree erehni hh0rtgaged Properly,have such appointment vacated. C.Ajudgment,writ or warrant of attachment or execution,or similar process shall be entered and become a lien on or be issued or levied against the Mortgaged Property or any part thereof which is not released,vacated or fully bonded within thirty(30)days after its entry,issue or levy. • d.An event of default,however defined,shall occur under any other mortgage,assignment or other security • document constituting a lien on the Mortgaged Properly or any part thereof. e. • 16.Accleration;Foreclosure.Upon the occurrence of any Event of Default and at any time thereafter while such Event of Default exists.Mortgagee may,at its option,exercise one or more of the following rights and remedies . (and any other rights and remedies available to it): a.Mortgagee may declare immediately due and payable all Obligations secured by this Mortgage,and the same shall thereupon be immediately due and payable,without further notice of demand. b.Mortgagee shall have and may exercise with respect to the Personal Properly,all the rights and remedies • accorded upon default to a secured party under the Iowa Uniform Commercial Code.If notice to Mortgagors of intended disposition of such property is required by law in a particular instance,such notice shall be deemed commercially reasonable if given to Mortgagors at least ten(10)days prior to the date of intended disposition. c.Mortgagee may(and is hereby authorized and empowered to)foreclose this Mortgage in accordance with the law of the State of Iowa,and at any time after the commencement of an action in foreclosure,or during the period of redemption,the court having jurisdiction of the case shall at the request of Mortgagee appoint a receiver to take immediate possession of the Mortgaged Property and of the Revenues and Income accruing therefrom. and to rent or cultivate the same as he may deem best for the interest of all parties concerned,and such receiver • shaft be liable to account to Mortgagors only for the net profits,alter application of rents,issues and profits upon • the costs and expenses of the receivership and foreclosure and upon the Obligations. 17.Redemption.It is agreed that if this Mortgage covers less than ten(10)acres of land,and in the event of the • foreclosure of this Mortgage and salt o;the property bysheriff•s sale in such fore-tosure_proceedings,the time of one year for redemption from paid dale provided b,the statutes of the State of Iowa shall tie reduced to six(6)months • provij ed,the.Mortgagee,.in sucheetien files an election)o waive any deficiency judgment against Mortgagors which • may arise out p1 the tprec)osure proceedings:al;to be consistent with the provisions o1 Chapter 628,01 the Iowa Code. If the redemption period isced so redu ,for the first three,(3)months aper sale such right of redemption shall be exclusive to the Debtor;and the lime.periods in Sectior(s 628.5,626,15,and 628.16 of the loea Code shall be reduced 10 four(4)months.• - .. Itis further agreed that the period of redemption after a foreglosure of this Mortgage shall be reduced•to sixty(60) days it af!of the three following contingencies devetop:.(1)The real estate is Iasi than len acres in size:(2)the Court finds affirmatively that the said real estate.hasbeen abandoned by the owners and those persons personally liable under this Mortgage at the time of such foreclosure;and(3),Mortgagee in such action files an election to waiver • any deficiency judo ment against Mortgagors or their successor in interest in such action.If the redemption period is so reduced,Mortgagors or their successors in interest or the owner shall have the exclusive right to redeem for the first thirty(33)days after such sale,and the time provided for redemption by creditors as provided in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to forty(40)days.Ent:y of appearance by pleading or docket • entry by or on behalf of Mortgagors shall be presumption that the property is not abandoned.Any such redemption period shall be consistent with all of the provisions of Chapter 628 of the Iowa Code.This paragraph shall not be construed to limit or otherwise affect any other redemption provisions contained in Chapter 626 of the Iowa code. 16. Attorneys' Fees. Mortgagors shall pay on demand all costs and expenses incurred by Mortgagee in enforcing or protecting its rights and remedies hereunder,including,but not limited to,reasonable attorneys'lees and legal expenses. 19.Forbearance not a Waiver,Rights and Remedies Cumulative.No delay by Mortgagee in exercising any right or remedy piovided herein or other v.ise attorded by law or equity she li be deemed a waver of or preclude the exercise of such right or remedy.and no v.awe:by Mortgagee of any particular provisions of this Mortgage shall be to deemed effective unless in writing signed by Mortgagee All such rights and remedies provided for herein or which (.4) Mortgagee or the holder of the Obligations may have otherwise,at law or in equity,shall be distinct,separf�e and O cumulative and may be exercised concurrently,independently or successively in any order whatsoever,and err terg rj..1 2 A as the occasion therefor arises. 20.Notices.Al,notices required to be given hereunder shall be in writing and deemed given when person I� I delivered or deposited in the United states mail,postage prepaid,sent certified or registered,addressed as fobs. a.II to Mortgagors,to: C) The Warren Company -cr.' 4 a 3 224 S. Clinton Street In Iowa City, Iowa 52240 �� �. b.II to Mortgagee,to: .7` Iowa State bait: d Trust Company 102 South Clinton street 0 Iowa city, Iowa 52240 '� �• LSJ ZX p, 1 P 3 • or to such other address or person as hereafter designated in writing by the applicable party in the manner provided in this paragraph for the giving of notices. 21.Severability.In the event any portion Of this Mortgage shall,for any reason,be held to be invalid,illegal or unenforceable in whole or in part,the remaining provisions shall not be affected thereby and shall continue to be valid and enforceable and if, for any reason, a court finds that any provision of this Mortgage is invalid, illegal,or unenforceable as written,but that by limiting such provision it would become valid,legal and enforceable then such provision shall be deemed to be written,construed and enforced as so limited. • . 22.Further Assurances.At any time and from time to time until payment in full of the Obligations,Mortgagors will,at the request of Mortgagee,promptly execute and deliver to Mortgagee such additional instruments as may be• -1 reasonably required to further evidence the lien of this Mortgage and to further protect the security interest of Mortgagee with respect to the Mortgaged Property,including,but not limited to,additional security agreements, financing statements and continuation statements.Any expenses incurred by Mortgagee in connection with the recordation of any such instruments shall become additional Obligations of Mortgagors secured by this Mortgage. Such amounts shall be immediately due and payable by Mortgagors to Mortgagee. 23.Successors and Assigns bound;Number;Gender;Agents;Captions.The rights,covenants and agreements contained herein shall be binding upon and inure to the benefit of the respective legal representatives, successors and assigns of the parties.Words and phrases contained herein,including acknowledgement hereof, shall be construed as in the singular or plural number,and as masculine,feminine or neuter gender accoridng to the contexts.The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to be • used to interpret or define the provisions hereof. 24.Governing Law.This Mortgage shall be governed by and construed in accordance with the laws of the State of Iowa. 25.Release of Rights of Dower,Homestead and Distributive Share.Each of the undersigned hereby relinquishes all rights of dower,homestead and distributive share in and to the Mortgaged Property and waives all rights of exemption as to any of the Mortgaged Property. • 26.Acknowledgement of Receipt of Copies of Debt InstrumenL Mortgagors hereby acknowledge the • receipt of a copy of this Mortgage together with a copy of each promissory note secured hereby. 27.Additional Provisions. Transfer of the Property or a beneficial Interest in Borrower. If all or any part of the Property or any Interest An It 1s sold or transferred (or If a beneficial interest in borrower is sold or transferred and borrower is not a natural parson) without Lender's prior written consent, Larder say, at its option, require immediate payment in full of all suss secured by this Security Instrument. however, this option shall not be exercised by ' Lander If exercise is prohibited by federal lav as of the date of thin Security Instrument. If Lander exercises this option,lander shalt dive borrower notice of acceleration. The notice shell provide a period of sot lass then 30 days fru the Bete the notice La delivered or mails:within which Borrower suet well sues secured by this Security Instrument. If borrower Saila to pry these sura to the expiration of this period, Lender may invoke any remedies permitted by this Security Inatnamit without further notice or demand on Borrower. Dated: July 01 ,19_11. ' q-..., �en1- -7Cr ,.J---i barren D. Cohen ,Mortgagors I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE;AND THAT BY SIGNING THIS MORTGAGE,I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS • BASED UPON THIS MORTGAGE. Dated: ,19— Dated: ,19— STATE OF IOWA ) )SS: COUNTY OF JOHNSON ) On this 01 day of July ,19 21,before me,the undersigned,a Notary Public.personally appeared Marren D. Cohen to me known to be the identical persons named in and who executed the foregoing instrument,and acknowledged that they e,7u ed the same as their voluntay let and deed. .•"i` (JJIL t tirY-i�rui5(k L( (',r7 w it l' .-14—,,,,c; ) �S-r /-�h 6 1!^33 Lisa A. Youtsev-Johansen Notary Pues CAIO '��'.]x.51 1f1' r;lIEN l:.CD;GLD O _ ri 1ur;N 1DL _w, y;•, IU:u.STATE RANK iY 7 t CG. 0 F0 ROX 1700 • ' ILAVA CITY,IOW. 52244 • IOWA IIATE BAR ASSOCIATION — FOR THE LEGAL EFFECT OF THE USE . I C.T.CIAL FORM NO.727 `- OF THIS FORM.CONSULT YOUR LAWYER .J,, MORTGAGE 6 (Open-End) • THIS MORTGAGE('Mortgage)encumbers both,real and personal properly,contains an after-acquired property clause and secures present and future loans and advances. • NOTICE:This Mortgage secures credit in the amount of S 62.146.12 .Loans and advances up to ' : • , . this amount,together with Interest are senior to indebtedness to other creditors under subsequently recorded or filed mortgages and liens. ❑If this box is checked.this Mortgage also constitutes a Construction Mortgage as defined in the Iowa Code. • THIS Mortgage ismade between Warren D. Cohen, A_Siegle Person (-Mortgagors')and ' lora State Bank i Trust CombaOy ('Mortgagee). 1.Grant of Mortgage and Security Interest.Mortgagors hereby sell,convey and mortgage unto Mortgagee,and grant a security interest to Mortgagee in the following described property: a.land and Buildings.All of Mortgagors'right,title and interest in and to the lonowing described real estate situated M Johnson County.lowa(the'Land"); •' Lot 3, Wendram Bluff, a subdivision in Johnson County, Iowa, .. according to the plat thereof recorded in Book 17, Page 6, • Plat Records of Johnson County, Iowa. . .. . - - ' Fll.L_ • 199111/31129 Ari 8: 12 r • n 'yw.•.G 107.?/,:0 - • ItECCi'i)i iI Jultfi:.e.:-'1,OW. W. and a!:buildings,strictures and improvements now standing or at any time hereafter constructed o:placed upon the Land(the -B iiiings'),including all hereditaments,easements.appurtenances.riparian rights.mineral rights,water rights.rights in and to the lads lying in streets,alleys and roads adjoining the land,estates and other nghts and Interests now or hereafter bebng:ng to or ' .• in an>'way pertaining to the Land. • b.Personal Property.An furfures and other personal property integrally belonging to,or hereafter becoming an Integra'part of I the Land or Buildings,whether aftaf'ied or detached.including but not Smiled to.Sg!It fixtures,shades,rods.blinds,venetian i to blinds.awnings,storm windows.screens,linoleum,water softeners.automatic heating and ei,-COni,LominG equipment e It 'Cal • proceeds.products,increase, issue, asessons.attachments, asessones, parts,add.:ions, repairs,replacerne 10 - wbstsugtes of,to,and for the foregng(tne'Persona'Property'). C 1 P'ri • - e.Revenues and Income.All rents,issues,profits,leases.condemnationawards and insurance proceeds now or her2;164.-{ wising horn the ownership,Omrparhty or use of Slut Land,Burid,ngs and Personal Property.or any part thereof(uhe'Rev�aag,5,� sem+ . . ) and tn.^ome-). TO I-LAVE AND TO HOLD the Land.Buildings,Personal Property and Revenues and Income(collectively called the-Morlgsgi('] Property").tooether withal;privileges,herednaments thereuntonOW or hereaherbelOnging.or in anyway appertaining and the prteligir- '-C rn and proceeds thereof,unto Mortgagee,its successors and assigns _ 2.Obligations.This Mortgage secures the fol owing(hereinafter collectively referred to as Me'ODSgations'): Q, a Tnepaymen o!thebar,rnatlzbyMotgageeb Warren D. Cohen, F. Single person evidenced by a prorressory note dated APri1 ?7, .19 92 nthepratsipatam Iee • S 20,000.00 withaduedateof Pia y 11, 1992 ,anyrenewals,extensions 'y • , modifications or refinancing thereof and any promissory notes issued in substitution thereto-;and • b.Al.other obligations of Mortgagors to Mortgagee,now existing or hereafter arising.whet'ier direct or indirect,Contingent or absolute and whether as maker or surety.including,but not Ignited to,future advances and amounts advanced and expenses ncumed by Mortgagee pursuant to this Mortgage. c This mortgage also secures tote (5233537 in the amount of 642,146.17 due 5-11-92 • and any renewals, extentions and modifications thereof. THIS PARAGRAPH SHALL NOT CONSTITUTE A COMMITMENT TO MAKE ADDIT101JAL LOANS IN ANY AMOUNT. 3.Representations and Warranties of Mortgagors.Mui lgagors represent,warren:and covenant to Mortgagee mat(i) IMortgapors hold clew title to the Mortgaged Properly and title in lee simple in the Land;p,)Mortgagors have the right,power and authority to execute this Mortgage ano to mortgape.arid grant a security interest trivia Mortgaged Property;(iiit the Mortgaged Property is free an,'.Gear of al:liens and encumbrances,except la rear estate taxes not yet delinquent and except as Otnerwrse stated in subpwag-apn to herein;(iv)Mortgagors wit warrant aro defend site to Bre Mortgaged Property and ole lien and priority 01 this Mortgage against at:claims and demands of all persons.whether new existing Of hereafter arising.and(v)ar.buildings and • improvements now or hereafter located On the Land are.or wilt be,located entirety within the boundaries of the Land. 4.Payment and Performance of the Obligations.Morlpagors will pay all amounts payable under the Obligations in accoroar a with the terms of the Obligations when and as due and will timely perform all other obtgabons of Mortgagors ureter the • Obligation The provisions of the Obhgat3nS are hereby incorporated by reference into this Mortgage as if trey,set forth herein. 5.Taxes.Mortgagors shall pay each installment of al!taxes and special assessnients of every kind,now or hereafter levied against the Mortgaged Property before the same become delinquent,without notice or demand,and sha"deliver to Mortgagee proof of such payment w.th:n fifteen(15)days after the date in which,such tax or assessment becomes delinquent 6.Liens.Mortgagors shall not create,incur or suffer to exist any Sen.encumbrance,security merest or charge on the Mortgaged . Property orany part thereof werich might orceuldbeheld lobe equa'orprior lt ,:thelienolevsMgape,otherthanVieLenofcunentreal estate taxes any installments of special assessments with respect to whorl no penalty ts yet pay acix•Mar ayagors shat pay.when due, the Clams o'at.persons supplying labor or materials to or in connection with the Mortgaged Property 7.Compliance with Laws.Mortgagors shall comply with all present and Ware statutes.laws,rules,orders,regulations and ordinances afectine lie Mortgaged Property.any part thereof or Vie use fliereol. 6 Permitted Contests.Mrtgagorsshaltotberequiredto(I)payanylas.assessmentaro'.!ie charge referred toinparagraph5 so.a..4......", 737 MORTGAGE IOFEH•ENDI — .......,,.-��„<. Iw; t'. 1~v L'):.[•! 1 R....o dew..mar IP hereof.(ii)discharge or remove any len,encumbrance or charge referred to in paragraph 6 hereof,or(iii)comply with any statute,law, rule,regulation or ordinance referred to in paragraph 7 hereof,so long as Mortgagors shall contest.In good laid,the existence,amount or the validity thereof,the amount of damages caused thereby or the extent of Murlgagors'liability therefor,by appropriate proceedings which shall operate during the pendency thereof to prevent(A)the collection of.or other realization upon the tax,assessment.charge or ken,encumbrances or charge so contested.(B)the sale,forfeiture or Mss of the Mortgaged Property or any part thereof,and(CI any interlerence with the use or occupancy of the Mortgaged Properly or any part thereol.Mortgagors shah give prompt written nonce to : • • Mortgagee of the commencement of any contest referred to in this paragraph B. 9.Care of Property.Mortgagors shall take good care of lire Mortgaged Property;shall keep the Buildings and Personal Property ' now or later placed upon the Mortgaged Properly in good and reasonable repair and shall not injure,destroy or remove either the Buildings or Personal Property during the term of this Mortgage.Mortgagors shall not make any matenal alteration to the Mortgaged . Property without the prior written consent of Mortgagee. 10.Insurance. . a.Risks to be Insured.Mortgagors,at their sole cost and expense,shall maintain insurance as follows: i.If this is a Construction Mortgage,during the period of construction,Mortgagors will maintain builder's risk insurance, • written On the so-called"builder's risk-completed value basis',in an amount equal to 100`k of the insurable value of the • Mortgaged Property at the dale of completion,and with coverage available on the so-called-all risk".non-reporting form of policy;provided that,to the extent that any contractor for such construction shall provide a duplicate insurance policy or builder's risk policy or certificate of insurance showing that the same coverage as is herein required a being carried by such contractor and adequately protects the interest of Mortgagee and Mortgagors with respect to the Mortgaged Property or a part thereof.Mortgagee shah not be required to maintain separate coverage.The insurance provided for by this subparagraph(i) with respect to the Mortgaged Property or such part thereof shah not be required while the Mortgaged Property or part thereof • is so insured.Mortgagee's interest shall be protected in accordance with a standard mortgagee clause. ke if this is a Construction Mortgage,during the period of construction,Mortgagors will maintain comprehensive general habilrty insurance(including operations,contingent liability,operations of subcontractors,complete operations and contractual lability insurance)against bodily injury and property damage in amounts satisfactory to Mortgagee.It this is not a Construction • Mortgage,or upon completion of construction,Mortgagors wilt maintain comprehensive general pubic kabilrty insurance and . property damage lability insurance in amounts satisfactory to Mortgagee to protect Mortgagors from claims(including all costs and expenses of defending the same)for personal injury.sickness.disease or death or ler damage or injury to or destruction of property(including less of use thereof)occurring in.on or about the Mortgaged Property • iii.II this is not a Construction Mortgage,or upon completion of construction,Mortgagors will maintain insurance on the Buildings and other improvements now existing or hereafter erected on the Land and on the Personal Property included in the Mortgaged Property against loss by fire,extended coverage perils and such other hazards as Mortgagee may from erne to time require,such insurance to have a'Replacemenl Cost"endorsement attached thereto,with tit amount of the Insurance • at least equal M the balance of the Obligations At Mortgagors'option,such policy may have a coinsurance clause of not less than 40°K of replacement cost provided the policy Contains an appropriate form of cost escalation endorsement Mortgagors • wire:their sole cost and expense,from time to time,and al arty erne at the request of Mortgagee,provide Mortgagee with evidence satisfactory to Mortgagee of the replacement cost of Mortgaged Properly iv.If this is a Construction Mortgage,dung the period of construction,Mortgagors witi maintain worker's compensation insurance with respect to all employees of Mortgagors and east contractor;and.it this is nota Construction Mortgage,or upon completion of construction,Mortgagors will maintain worker's compensation iruurarae with respect to al.employees of • Mortgagors. v Al at:times.Mortgagors will maintain such other insurance as Mortgagee may reasonably require. b.Policy Provisions.Ali insurance po::aes and renewals thereof maintained by Mgrtgaoors pursuant to this Mortgage Shall be written by an insurance carrier satisfactory,to Mortgagee.contain a mortgagee clause in favor 01 and in form acceptable to Mortgagee,contain an agreement of the insurer that it will not amend,modify o'career the potty except alter thirty(33)days prior written notice to Mortgagee,and be reasonably satista-•tory to Mortgagee in al other respects . c Delivery of Policy or Certificate.If requested by Mortgagee.Mortgagors wi'delver to Mortgagee original policies satisfactory to Mortgagee evidencing the insurance which is required under tors Mortgage,and Mortgagors shall promptly famish b Mortgagee all renewal notices arid,upon request of Mortgagee,evidence of payment thereof.At least ten(10)days prior to the expiration date of a required policy Mortgagors shall deliver to Mortgagee a renewal policy in form satisfactory to Mortgagee. Cl Assignment of Policy.It the Mortgaged Property is sole at a foreclosure sale or if Mortgagee shoe acquire ltre to the Mortgagee Property.Mortgagee shat have al:of the right.trite arid interest or Mortgagors in and to any insurance policies required hereunoe:.and the unearned premiums thereon,and In and to the proceeds thereof resoling from any damage to the Mortgaged Property prior to such sale or acquisition. e.Notice of Damage or Destruction;Adjusting Loss.t the Mortgaged Property or any part thereof shaft be damaged or destroyed by tire or other Casualty.Mortgagors will,within five(5)calendar days after the oocurrerce of such damage or destruction,give wntlen notice thereof to the insurance cagier and to Mortgagee and will not adjust any damage or loss which is estimated bj Mortgagors in good faeh to exceed$25,000 unless Mortgagee shall have idined in Or concurred with such adjustment, - • but it there has been no adjustment of any Such carnage Or loss w'hrhin lour(4)months from ti*date of occurrence thereof and it an •• Event of Detauh shah exiSl at the end of such four(4)month period or at any time thereater,Mortgagee may alone make proof of loss,adjust and compromise any claim,under the policies arid appear in and prosecute any ad,✓t easing from such policies In canoe:toon therewith•Mortgagors 03 hereby nevocabiy a,l:l,onle.empower and apporni!Mortgagee es attorney-m.1ott for Mortgagor(which appointment as coupled with an interC5t1 to do any and all of the forego rig in!tie name and on behafl of Mortgagxe I.Application of Insurance Proceeds.All sums paid urine•any insurance policy required by this Mortgage shah be paid to Mortgagee,which sha..a'its option,apply the sante(after las'deducting Mewl;Om Mortdag.•e'e expenses incurred in colicctrng Vie same including but riot tented to reasonable attorney's lees)to Int reduction or the O'u.pauons ce to the payment o'ere restoration,repair.replacement or rebui!d:no 01 Mor tgageo Property Via!is da•riaaed or destroyed n such manner as Mortgagee Shah delerm.,e and second:y to the reduction of tie Obligations Any application of insurance proceeds to principal of the Obligations s'ia.r not extend or postpone the due date of tie installments payable under the Otritgations or change the amount of such installments. g.Reimbursement Of Mortgagee's Expenses.Mortgagors shall promptly reimburse Mortgagee uporn_demand for al,of Mortgagee's expenses incurred el connection with the colenwn of the insurance proceeds,induct;but not limited to reasonable attorneys'lees,and all Such expenses shall be eoditonar amounts secured by this Mortgage. 1...0 Cr) 11.Inspection.Mortgagee,and its agents,Shall have the right at all reasonable limes,to enter upon Ne Mortgaged Rope:l•® CD the purpose 01 inspecting tIre Mortgaged Piogetty or any pa'thireieo!Mortgagee shall.however,have nodutytomakesuch nspe eee'ree rq __ . Am of Ile Mortgaged Property by Mortgagee shah be entirely in ely for es benefit and Mortgagor shahno way rely or cl�, •?Cu u ny inspection reliance thereon. '''•-1 - _ 1Z-{ `?:a.: 113 �� X t p 2 • • 12.Protection of Mortgagee's Security.Sub1ect to the rights of Mortgagors under paragraph 6 hereof,if Mortgagors fail to perform any of the covenants and agreements contained in This Mortgage or if any action or proceeding is Commenced which affects the Mortgaged Property or the interest of the Mortgagee therein,or the title thereto,then Mortgagee,al Mortgagee's opeon,may perform Such covenants and agreements,defend against of investigate such action or proceeding.and take such other action as Mortgagee deers necg .Aonoagee's interest.My amounts or expenses disbursed or incurred by Mortgagee in good lath pursuant to this patag 1.12 win inter ear(hh'erednist the rate o11.5_.0DR per annum.shall become art Obligation of Mortgagors secured by this • Mortgage ch amounts alyaricector dlbursed by Mortgagee hereunder shall be immediately due and payable by Mortgagors unless Mortgagors a rid.Morigageearating to other terms of repayment.Mortgagee shall,at its option,be subrogated to the lien of any • mortgage or other lien discharged in whole or in part by the Obligations or by Mortgagee under the provisions hereof,and any such - Subrogation rights shall be additional and cumulative security for this Mortgage.Nothing contained in this paragraph shall require Mortgagee to incur any expense or do any act hereunder,and Mortgagee shall not be liable to Mortgagors for any damage or claims arising out of action taken by Mortgagee pursuant to this paragraph. 13.Condemnation.Mortgagors shall give Mortgagee prompt notice of any action,actual or threatened.in condemnation or eminent domain and hereby assign,transfer and set over to Mortgagee the entire proceeds of any award or claim for damages for all or ' any part of the Mortgaged Property taken or damaged under the power of eminent domain or condemnation.Mortgagee is hereby • authorized to intervene in any such action in the names of Mortgagors,to compromise and settle any such action or claim,and to collect and receive from the condemning autonhes and give proper receipts and acquittances for such proceeds.My expenses incurred by Mortgagee in intervening in such action or compromising and settling such action or claim,or collecting such proceeds shall be reimbursed to Mortgagee first out of the proceeds.The remaining proceeds or any part thereof shall be applied to reduction of that portion of the Obligations then most remotely to be paid.whether due or not,or to the restoration or repair of the Mortgaged Property,the • choice of application to be solely al the discretion of Mortgagee. 14.Fixture Filing.From the dated its recording.this Mortgage shah be effective as a financing statement tiled as a fixture tiling with respect to the Personal Property and for this purpose the name arid address of the debtor is the name and address of Mortgagors as set • forth in paragraph 20 herein and the name and address of the secured party is the name and address of the Mortgagee as set forth in • • paragraph 20 herein. 15.Events of Default.Each of the following occurrences shall constitute an event of default hereunder(•Even:of Default"): a.Mortgagors shat default in the due observance or performance of or breach its agreement contained ci paragraph 4 hereof or shall default in the due observance or performance of or breach any other covenant,condition or agreement on its part to be observed or performed pursuant to the terms of this Mortgage. b.Mortgagors shall make an assignment for the benefits of its credrtors,or a petition shall be filed by or against Mortgagors under the United Stales Bankruptcy Code or Mortgagors shalt seek or consent to Or acquiesce in the appointrnent of any trustee,receiver or liquidator of a material part of its properties or of the Mortgaged Property or shall not,witrn thirty(30)days aher the appointment of a trustee,receiver or liquidator of any material part of its properties or of the Mortgaged Property,have such appointment vacated. - • C.A judgment,writ or warrant of attachment or execution,or similar process shall be entered and become a lien on or be issued or levied against the Mortgaged Property Or any part thereof which is not released,vacated or fully bonded within thirty(30)days after As entry,issue or levy. . i • . .el.An event of default,however defined,that occur Wer any other mortgage,assignment of otter security document Constituting a ken on Vie Mortgaged Property or any part thereof. 16.Acceleration;Foreclosure.Upcin the occurrence of any Event of Default and at any time thereafter white such Event of Default exists.Mortgagee may.at is option,exercise one or more of the following rights and remedies(and any other rights and • remedies available to it)'- ' ' • ' - ' . ' ... -. - - ' - . • a.Mortgagee may declare immediately due and payable at Obligations secured by this Mortgage,and the same stall thereupon be immediately due and payable.without further notice of demand. . . .. . b.Mortgagee shat have and may exercise with respect to the Personal Property.al'the rights and remedies accorded upon • default to a secured party under the Iowa Uniform Commercial Code.ff notice to Mortgagors of intended disposition of such property is required by law in a particular instance.such notice shall be deemed commercially reasonable i1 given to Mortgagors al least ten(10)days prix A.the dale of intended disposaorn. C.Mortgagee may(and is hereby authorized and empowered to)foreclose nus Mortgage in acoordanx with the law of the Sale of Iowa.and at any bine atter the commencenhenr o'an action in foreclosure,or during the period of rtaerrptkx.the court having jurisdiction of the case shall at the request of Mortgagee appoint a receiver to take immettale possession of the Mortgaged Property and of the Revenues and Income accruing therefrom,and to rent or cultivate the same as he may deem best for the interest of a':parties concerned,and such receiver shat be liable to account to Mortgagors only la the net profits,aher application of rents,issues and protrts upon the costs and expenses of the receivership and foreclosure and upon true Oolroations. 17.Redemption.It is agreed that If this Mortgage covers less than ten(10)acres of land,and in the event of the foreclosure of this • Mortgage and sale of the property by shent's sale in such foreclosure proceedings,the tone of one year for redemption from said sale provided by the statues of the Sate of bra shalt be reduced to sir:(6)months provided the Mortgagee,in such action files an election to waive any deficiency judgment against Mortgagors which may arise out of the laeclosure proceedings;at to be consistent wen the provisions of Chapter 626 or the Iowa Code.It the redemption period hs so reduced,for the forst twee(3)inorans atter sale such right of redemption shalt be exclusive to the Mortgagor,anc the time periods in Sections 626.5,628.15 and 628 16 of the Iowa Code shah be reduced to four(4)months. It is further agreed trial Inc period d redemption after a foreclosure of this Mortgage shall be reduced to sixty(63)days it all of the three following contingencies develop:(1)The real estate is less than ten(10)acres in size;(2)the Court firm afirrna:vety that lie said lea'estate has been abandoned by the owners and those persons personalty liable under It its Mortgage at true time of such loreciosure: and(3)Mortgagee in such action files an election to waive any deficiency judgment against Mortgagors or thee successors in interest in t� such action.h the redemption period is so reduced.Mor tgagres or their successors in interest or the owner shat have the exclusive right w to redeem for the first thirty(30)days after such sale.and the time provided lot redemption by creditors as provided in Sections 626 15 and 626.16 of the Iowa Code shat be reduced to forty(40)days.Entry of appearance by pleading or docket envy by or on be r+1 of Mortgagors shall be a presumption that true properly rs riot abandoned.Any such redemption per hod slat R consistent w•ih alto C"') • provisions of Chapter 628 0:the Iowa Code.This paragraph shat not be construed to limitor othherw:se area any'other redernpi P.6-4 "°ra. provisions contained in Cnapter 628 of the Iowa Code. 1 pyo 18.Attorneys'Fees.Mortgagors shall pay on demand all costs and expenses incurred by Mortgagee a,enforcing or protect ngc--) rights and remedies hereunder,including.but not limited to.reasonable attorneys'lees and legal expenses. ••••4 C 19.Forbearance nota Waiver,Rights and Remedies Cumulative.No delay by Mor Igagec in exercising arty right or remedy<r u provdedhereinaotherwiseshadedbylawofequayshallbedeemedawaiverotorprecludetheexerasedsuchrightorremedy,ana r no waiver by Mortgagee o'any particular provisions of Ms Mortgage shar be deemed effective unless an wring signed by Mortgagee) .1 Al.such rights and remeo.es provided to herein or which Mortgagee or the holder of the Ooligations may have otherwise,a:law or equity.shat:be dstind,separate and ainwtative and ma,be exercised concurrently.inoeperdentiy o:successively in arty order,,._ whatsoever.and as often as the occasion therefor arises. Y ,(] V: 1 6:?.xsf 1:0 6)( l(£ , , D 3 li 3 ' 20.Notices.All notices required to be given hereunder shall be in writing and deemed given when personally delivered or deposited In the United States mail,postage prepaid,sent certified or registered,addressed as follows: a.It to Mortgagors,to: Warren D. Cohen 1 Audrey Court Iowa City, IA 52240 • . b.II to Mortgagee,to: Iowa State Bank & Trust Company . P.O. Box 1700 Iowa City IA 52244 Or to such other address or personas hereafter designated in writing by the applicable party in the manner provided in this paragraph for • the giving of notices. 21.Severability.In the event any portion of this Mortgage shall,for any reason,be held to be invalid,illegal or unenforceable in whole or in part,the remaining provisions shall not be elected thereby and shall continue to be valid and enforceable and it.for any reason,a court finds that any provision of this Mortgage is invalid,illegal.or unenforceable as written,but that by limiting such provision it would become valid,legal and enforceable then such provision shall be deemed to be written,construed and enforced as so limited. . 22.Further Assurances.At anytime and from time to time until payment in full of the Obligations,Mortgagors will,al the request of Mortgagee,promptly execute and deliver to Mortgagee such additional instruments as may be reasonably required to further evidence the lien of this Mortgage and to further protect the secunry interest of Mortgagee with respect to the Mortgaged Property,including,but not limited to,additional security agreements,financing statements and continuation statements.Any expenses incurred by Mortgagee • in connection with the recordation of any such instruments shall femme additional Obligations of Mortgagors secured by this Mortgage. Such amounts shall be immediately due arid payable by Mortgagors to Mortgagee. ' � 23.Successors and Assigns bound;Number,Gender,Agents;Captions.The rights,covenants and agreements • • contained herein shall be binding upon and inure to the bents of the respective legal representatives,successors and assigns of the parties.Words and phrases contained herein,including acknowledgement hereof,shat be construed as in the singular or plural number, and as masculine,feminine or neuter gender according to the contexts.The captions and headings of the paragraphs of this Mortgage . are for convenience only and are not to be used to interpret ordefine the provisions hereof. 24.Governing Law.This Mortgage shall be governed by and construed in accordance with the laws of the Stale of Iowa. 25.Release of Rights of Dower,Homestead and Distributive Share.Each of the undersigned hereby relinquishes all rights • of dower,homestead and distributive share in and to the Mortgaged Property and waives all rights of exemption as to any of the Mortgaged Property. 26.Acknowledgement of Receipt of Copies of Debt Instrument Mortgagors hereby acknowledge the receipt of a copy of this Mortgage together with a copy of each promissory note waxed hereby. . 27.Additional Provisions. • Transfer of the Property or a Benet ictal Interest in 8orrouer. If - all or any part of the Property or any interest_in it is Bold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without . • Lender's prior written consent, Lender spy, at its option, require iaoediats payment in full of all suss secured by tkJs Security Inetnaent. however, this option shell not be exercised by Lander it exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shell give Borrower notice of acceleration. The notice shall provide • period of not lass than 30 day. trot the date the notice ie delivered or sailed within which 8orrouer sunt pay all suss secured by this Security Instrument. If • Borrower fails to pay these sums prior to the expiration of this period, Lender say invoke any • • • remedies permitted by this Security lnetruaent without further notice or d..e.a..e on borrower. . Dated: April 27 ;19 92 . warren P. Cohen • ,Mortgagors • I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF • CREDITORS AND EXEMPT FROM JUDICIAL SALE;AND THAT BY SIGNING THIS MORTGAGE,I VOLUNTARILY GIVE UP WY RIGHT TO THIS PROTECTION FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS MORTGAGE. Dated. ,19— Dated: 19_ tt3 STATE OF IOWA ) C 5 )SS: O i'} (fit"! 71 COUNTY OF Jowl sop On this 27th day 01 April ,1 .2,before me.the undersigned,allotE2"- Public,personally appeared Warren L. Cohen _ --I� o to me knot to the identica{ oris named in and who executed z 'a ril the totegoing instrument,and acknowledged that they executed me as the��bra ntary act and deed. tTt :17. �!� iEH:E / 0'=1 '-ore, ngKLMMIgs10ti ExFtR[S f 4 ` - .. Kent ehle Notary PublicWV • }�t i'HH11 V: J s. 2 :C1 121 ii I I ". . £ P . ,Il b IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY IOWA STATE BANK & TRUST COMPANY, ) Plaintiff, ) EQUI'T'Y NO. ) vs. ) WARREN D. COHEN; W NDRAM BLUFF HOMES ) AFFIDAVIT REGARDING ASSOCIATION; LEAH J. COHEN; SIGN ) ATTORNEY FEES PRODUCTIONS, INC. ; THE CITY OF IOWA ) CITY, IOWA; GENE NOVO NY; IEIAND ) NOVOTNY; IOWA CITY BROADCASTING, INC. ) d/b/a KKRQ; STUDENT PUBLICATIONS, ) w INC./TIE; DAILY IOWAN; SHAY ELECTRIC ) E5 n SERVICES, INC; STATE OF IOWA; THO S PRDES'I1ER COMPANY, also }mown as ) c,-G THOMS-PROFSTLER COMPANY; MERCY ) -" HOSPITAL, IOWA CITY, IOWA; JIM'S ) :Gr- -o REFUSE SERVICE CORPORATION; AND ) m --- PRFSS-c1'1'1ZETT COMPANY, INC., •- Defendants. ) STATE OF IOWA ss: COUNTY OF JOHNSON ) The undersigned, upon being first duly sworn, states that he is the attorney for Plaintiff in this matter and that there is not and has not been any agreement between the undersigned attorney and the attorney's client or any other person, expressed or implied, for any division or sharing of the fee to be taxed as attorney fees in favor of Plaintiff in this matter other than an agreement with a practicing attorney engaged with the attorney as an attorney in this cause. The undersigned further states than any fees taxed as attorney fees in this matter shall only be in favor of a regular practicing attorney and as compensation for services actually rendered in this action. �rx: f Ail I, Ir 'i w 49 93 DEC - I PH 1: 4 I o >, CITY CLERK ' b IOWA CITY IOWA 2 0 .. w N ''q i-i \::::,, N 1 \\:...,': g ...i. A... z N .... Q) Xw IW Q WO 1 z , October 14, 1993 Mr. Warren Cohen 1 Audrey Court _ tO Iowa City, IA 52240 O O c mP! By Regular and By Certified Mail >74 c'4 a� C1—G 1 NOTICE OF RIGHT TO CURE DEFAULT —4C, 13 7<rn na 74 Dear Mr. Cohen: „tea Please be advised that you are in default under the terms 053 - four promissory notes which you have executed in favor of Iowa State Bank & Trust Company. The obligations under which you are now in default are the following: 1. The first obligation under which you are in default is Note Number 5209838 and which is dated December 19, 1990. Your default under this obligation consists of failing to pay the monthly payments owed under this note for the months of October, 1992 through October, 1993, inclusive, and which are in the amount of $13,333.00 each. Late charges in the amount of $602.47 are also owed. You also have a negative escrow balance for property taxes and insurance of $2,751.46, and which you were required to pay under the terms of this note. Therefore, and with the addition of accrued interest, the total amount necessary to cure your default under this obligation is $20,682.93, as of October 14, 1993. 2. The second obligation under which you are in default is Note Number 5233937 and which is dated July 1, 1991, and renewed August 1, 1991. Your default under this note consists of failing to pay the balance of this note which matured on October 30, 1992. Therefore, the total amount needed to cure your default under this obligation is $47,857.36, as of October 14, 1993. 3. The third obligation under which you are in default is Note Number 5269410 and which is dated April 27, 1992. Your default under this note consists of failing to pay the balance of this note which matured on October 30, 1992. Therefore, the total amount needed to cure your default under this obligation is $22,254 .18, as of October 14, 1993. PS Fofrn 380D.June 1990 ; ; 1 •1 F °F'>; tet, _ ° r. c Q ` y \ a 11 LL �/! V \ tvn s - r'iD. -Y � • 4, O CD v +, t �.rn• r 4. The fourth obligation under which you are in default is Note Number 5298229 and which is dated October 7, 1992. Your default under this note consists of failing to pay the balance of this note which matured on October 30, 1992. Therefore, the total amount needed to cure your default under this obligation is $4,547.92 as of October 14, 1993. You have a right to cure the above defaults until November 19, 1993. To cure your defaults, you must pay the total of the amounts specified in paragraphs numbered one through four, above. The total of these amounts is $95,342.39. The payment of any other amount will not cure your default. If you cure these defaults, all of your rights under the notes described above will be restored. If you do not cure these defaults, we are entitled to accelerate the full unpaid amount owed under any unmatured note. We may also charge additional interest, a default interest rate, late charges, and/or the costs of collection, including attorney fees. You should also be aware that the above obligations are secured by mortgages on your personal residence located at 1 Audrey Court in Iowa City, Iowa. If you do not cure your defaults in the manner specified in this notice, we are entitled to proceed with initiating a foreclosure action or procedure with respect to this property. Finally, you are hereby notified that the settlement proposal earlier made through your attorney is withdrawn. Please oovern yourself according to the above. If you have any questions, I can be reached at the address and phone number shown on this letter. IOWA STATE BANK & TRUST COMPANY BY: JERRY L. VANNI - VICE PRESIDENT • �K /9. Z END OF CASE FILE f , ,. 1: NN r• ) { 3 +"C' 2 ' F '1 •THE RCOURT `' SOUTHERN DISTRICTOF CENTRAL DIVISION DAVID JAMES MUNZ , NO. 7 0 0 4 * (Control No. 416) Plaintiff, * vs. * ROBERT CARPENTER, DAVID WAGNER; Deputy ROCKERFELLOW; * INITIAL REVIEW ORDERS IOWA CITY POLICE DEPARTMENT; * Officers REYNOLDS, SUEPPEL, GASS, LALLA; JOHNSON COUNTY CORONER JOHN DOE, Officer Droll ,* * Defendants. The court has before it for initial review a pro se complaint submitted by a former inmate of the Johnson County Jail . The complaint is brought under 42 U.S.C. § 1983 and jurisdiction is predicated on 28 U.S.C. § 1343 . Plaintiff seeks injunctive relief and damages and requests leave to proceed in forma pauperis. Plaintiff demands a jury trial. To state a claim under § 1983 , a plaintiff must allege that he was deprived of his constitutional rights by defendants while acting under color of state law. A pro se complaint in a proceeding in forma pauperis must be construed liberally. See Haines v. Kerner, 404 U.S. 519, 520 (1972) (per curiam) . However, it can be dismissed on initial review if the claim is malicious or frivolous. 28 U.S.C. § 1915 (d) ; Horsey v. Asher, 741 F. 2d 209, 211 (8th Cir. 1984) . A claim is "frivolous" if it "lacks an arguable basis in law or in fact. " Neitzke v. Williams, 490 U. S. 319 , 325 (1989) . Plaintiff was arrested in Iowa City in September of 1992 . He asserts that the arresting officers, defendants Reynolds, Sueppel, Gass, and Droll, assaulted him in the course of the arrest. Plaintiff also contends that he was beaten by these officers and defendant Rockerfellow at the county jail. These allegations do not appear to be frivolous, based on the limited information the court has before it at this time. Plaintiff asserts that the Johnson County Coroner, who is a John Doe defendant in this case, examined him but did not provide treatment for his injuries. Plaintiff also contends that defendants Reynolds, Sueppel, Gass, Lalla, Rockerfellow, Sheriff Carpenter, and Jail Administrator Wagner refused to provide him with treatment for diagnosed post-traumatic stress syndrome. He asserts that he was taking prescribed medication for this condition, but these defendants refused to allow him to have the medication. These claims do not appear to be frivolous. Plaintiff has named the "Iowa City Police Department" as a defendant. This is in essence a claim against the City of Iowa City. Plaintiff has not alleged facts which, if proved, would support municipal liability. See Monell v. Department of Social Services, 436 U.S. 658, 694 (1978) . The claim against the Iowa City Police Department will be dismissed. IT IS ORDERED that the complaint be filed without the prepayment of costs. Permission to proceed in forma pauperis is GRANTED. IT IS FURTHER ORDERED that service of process issue to defendants according to law. The clerk need not serve any defendant identified only by description or incomplete name. Plaintiff should provide full names and addresses of any such defendant if they become available to him. IT IS FURTHER ORDERED that the claim against the Iowa City Police Department be dismissed as frivolous. See 28 U.S.C. §1915 (d) . ' r- Dated this 1 I 4 day of January, 1993 . A int • HAtILD D. VIETOR, Judge outhern District of Iowa 2 dEC'D IN CLERKS OFFICE 2 3.1992 :�— F'ORM A DATE a® ---p FORM TO BE USED BY A PRISONER IN FILING OMPLAINT UNDER THE CIVIL RIGHTS ACT, 42F;U S1.,C.• §- 1983 UNITED STATES DISTRICT(COURT1 j SOUTHERN DISTRICT OF IOWA 11r ' , Ai. ."! t��rJZ /tel; • • 1. Parties to this previous lawsuit Plaintiffs ,"-/I Defendants /"i,- 2 . Court (if federal court, name the district; if stat court, name the county) 3 . Docket Number ,/,‘ 4 . Name of judge to whom case was assigned i✓/,,"- 5. Disposition, if known (for example: Was the case dismissed? Was it appealed? Is it still pending?) 6. Approximate date of filing lawsuits ;-- 7 . Approximate date of disposition , - TT -4 II. Place of Present Confinement .,/or,✓,`e.,,//7,,,,�'.. s, /.'p,E�: _-5.-.7",/- 74, ./, j 1/: !' =°" A. Is there a prisoner grievance procedure in this institution? Yes ( ) No ( ,, ) B. Did you present the facts relating to your complaint in the state prisoner grievance procedure? Yes ( ) No ( -A- ) C. If your answer is YES, 1. What steps did you take? A -` 2 . What was the result? / .;.i .d¢" -7 i` D. If your answer is NO, explain why not..241; 2p • , _2--/,'/ j�i,-�_;7. .,, / 11 Complaint - Page 2. • E. If there is no prison grievance procedure in the intitution, did you complain to prison authorities? Yes (A ) No ( F. If your answer is YES, 1. What steps did you take? ,rJG:1/,,r 2. What was the result? _ . _ III. Parties (In item A below, place your name in the first blank and place your present address in the second blank. Do the same for additional plaintiffs, if any. ) A. Name of Plaintiffh* Address /�:, ;�,� �. '�': 2 . li,, >:-�� �,�/1 o/v��'�1 r=:�- > a� ivps�,•.� i,�.4.�! 1¢. B. Additional Plaintiffs (In item C below, place the full name of the defendant in the first blank, his official position in the second blank, and his place of employment in the third blank. Use item D for the names, positions, and places of employment of any additional defendants. ) C. Defendant /e.tyhd /.,<;,, , is employed as .5./e/2/77 f at �ti ,_ >u J `11�:. /7: 7-, z . D. Additional Defendants j t )A ,v�,z�•- ;'�a,s�. 1\ j. P /1n 1 � U ee �f r_,,�,:�,1, '��� ���.�,� $�,��/, AAT Ql /�4 .- /7.l T Riit./F) �Ld/1��n! /,ssrN! 4A� 7Aler.?-16411)1),"• 13Qr /D 14, /� !.a IV. Jurisdiction This complaint is brought pursuant to 42 U.S.C. § 1983, and jurisdiction is based on 28 U.S.C. § 1343 . Plaintiff(s) allege(s) that the defendant(s) acted under color of state law with regard to the facts stated in part V of this complaint. Complaint - Page 3. d'. Statement of Claim (State here as brief/yids 'possible the FACTS of your case. You MUST state exactly what each defendant personally did, or failed to do, which resulted in IA�ar, _m to you. „include also the names of other persons involved (,-tor exhmple, other inmates) and state the date and place of all events. Attach an extra sheet if necessary, and write the heading PART V CONTI/iD. at the top of the sheet. Keep to the facts. Do not giverany'-legal. arguments or cite any cases. ) / )e N I A/// -f,;./ddi',4xiee , / J ..0,/r7'ree,.•�/S,,Jt'C" f),0,0-ice....;/.,-...1/,‘//e.,) ,a,�.,pi /91,1;0-1,147 re 4 -7-Pi-4J01 (V:7.; !.' ..,/-C:rico," / 4.+ / /4;i•,.)j;. 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Did any person other than a named plaintiff in this action assist you in preparing this complaint? Yes ( ) No ( .1. ) B. If your answer is YES, name the person who assisted you. C. Signature of person who helped prepare complaint. (Signature) (Date) VIII. Signature(s) of Plaintiff(s) Sig. -. ..this--- -- //. day of , 19 (Sature o" Plainti i`gnff - Signatures of idi 'canalplain ' ifs, if any: CDwy!IMOG)+,:1 )- :472 N Complaint - Page 5. FORM B UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF IOWA / Plaintiff, f * REQUEST TO PROCEED—IN • v. * FORMA PAUPERIS * AND SUPPORTING DECLARATION Defendant: • I, )`k _ :, • , plaintiff in this case, request leave to,proceed without being required to prepay fees or costs or give security' for them, pursuant to 28 USC § 1915 (a) . In support of this request, I state that because of my poverty I am unable to pay the costs of this proceeding or to give security for the costs. I further declare that I believe I am entitled to relief. 1. Where are you imprisoned? _ �..� �f _',. _Ix'. /2 /4 2 . When did you begin your imprisonment there? 3. When do you expect to be released? 4 . Are you presently receiving an allowance or wages from the prison or jail? Yes ( ) No ( >r ) If the answer is YES, state the amount of your allowance or wages per month. `.., -' 5. Have you received within the past twelve months any money from any of the following sources? a. Business, profession, or form of self employment? Yes ( ) No ( b. Rent payments, interest, or dividends? Yes ( ) No ( k- ) c. Pensions, annuities, or life insurance payments? Yes ( ) No ( x ) d. Gifts or inheritances? Yes ( ) No ( ) e. Court award or settlement? Yes ( ) No ( ;- ) f. Any other source? Yes ( ) No ( - ) If the answer to any of the above is YES, describe each source of money and state the amount received from each during the past twelve months. //t' `'e 6. If you have a prison account, what is the current balance? %' . 7. If there has been a substantial reduction in your prison account balance during the past two months, please explain what the money was used for. I. 8. Do you own cash, or do you have money in a checking or savings account,, other than a prison account? Yes ( ) No ( )) If the answer is YES, state the current account balances. /G 9. Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable property (you need not mention ordinary household and cell furnishings, such as radios, TV sets, stereos, books, etc. , and personal clothing) ? Yes ( ) No ( .ice ) If the answer is YES, describe the property and state its approximate value. A. ;'� 10. Please indicate which one of the following applies to you. (Check one. ) J� I am a United States citizen. I am lawfully present in the U.S. as a permanent alien resident, the spouse or child of a U.S. citizen who has filed an application for adjustment of status, a refugee, one granted asylum or a conditional entrant, or. as a parolee by decision of the United States Attorney General. .:._.' Other (describe briefly) I hereby authorize officials of the institution where I am incarcerated to release my financial records to the court. My identification number is I declare under penalty of perjury that I have read the foregoing, and it is true, complete, and correct. ,i. Executed on: ;,,= .5 �' _ _- -- Date) -_-, , --) (` / .2 _ _(Signature of P1 i t fffj"` In Forma Pauperis Application - Page 2 END OF CASE FILE . THE IOWA STATE BAR ASSOCIATION FOR THE LEGAL EFFECT OF THE USE Official Form No.301 OF THIS FORM,CONSULT YOUR LAWYER 93 OCT 25 PH 3: 21 THE IOWA DISTRICT COURT CITY CLERK JOHNSON COUNTY IOWA CITY. IOWA DEBBIE OLSON Plaintiff(s), LAS, ❑ EQUITY ❑ No. SS a 7a vs. CITY OF IOWA CITY ORIGINAL NOTICE Defendant(s). TO THE ABOVE-NAMED DEFENDANT(S): You are hereby notified that there is now on file in the office of the clerk of the above court a petition in the above-entitled action, a copy of which petition is attached hereto. The plaintiff's(s') attorney is MARTIN A. DIAZ OF THE TOM RILEY LAW FIRM, P.C. 1210 HIGHWAY 6 WEbT, IOWA CITY 52246 whose address is , Iowa You are further notified that unless, within 20 days after service of this original notice upon you, you serve, and within a reasonable time thereafter file a motion or answer, in the Iowa District Court for JOHNSON County, at the courthouse in IOWA CITY , Iowa, judgment by default will be rendered against you for the relief demanded in the petition. (SEAL) , CLE OF THE ABOVE COURT JOHNSON County Courthouse IOWA CITY 52240 , Iowa NOTE:The attorney who is expected to represent the defendant should be promptly advised by defendant of the service of this notice. II CThe Iowa State Bar Association 301 ORIGINAL NOTICE FOR PERSONAL SERVICE rA • IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY DEBBIE OLSON, ) No: SSe27ct ) Plaintiff, ) v. ) PETITION AT LAW CITY OF IOWA CITY, ) - 'G Defendant. ) - cj COMES NOW the Plaintiff, and for her cause of action against Defendant states as follows: 1. At all times material hereto, Plaintiff Debbie Olson was and is a citizen and resident of Iowa City, Johnson County, Iowa. 2 . At all times material hereto, Defendant City of Iowa City, is a municipal corporation organized and existing under the laws of the state of Iowa. 3 . On or about January 14 , 1993 , Plaintiff Debbie Olson was walking north on Defendant's sidewalk on Madison Street near a parking lot adjacent to North Hall . 4 . At the time of the incident, ice existed on the sidewalk and on Madison Street. This condition was a proximate cause of Plaintiff' s fall , resulting in serious personal injuries to the Plaintiff 5 . At the aforementioned time and location, the Defendant, in the exercise of reasonable care, should have known of the hazardous condition on its premises that presented an j� ' r1Sl'�},'p3 unreasonable risk of injury to a person in the Pi- position. IZ :C Wd CZ 13006 6 . Defendant was under a duty to remove the hazardous condition and thereby prevent injury to the Plaintiff. 7 . At the time of the incident the Plaintiff could not have avoided the condition and the risk involved. 8 . Defendant was negligent for creating or maintaining the hazardous condition on the premises that involved an unreasonable risk of injury to the Plaintiff, and for failing to remove the hazardous condition. 9 . Defendant's negligence was a proximate cause of injuries to the Plaintiff . 10 . As a proximate result of Defendant' s negligence, Plaintiff's damages include, but are not limited to: a. past, present and future medical expenses; b. past, present and future lost income; c. past, present and future physical pain and mental suffering; and d. past, present and future loss of body . 11 . Said damages exceed the jurisdictional requirements of Rule 3 of the Iowa Rules of Appellate Procedure. WHEREFORE, Plaintiff Debbie Olson prays for judgment against the Defendant for a reasonable amount of actual damages sufficient to fairly compensate her and for interest as provided by law and the costs of this action. Ca) 0 0 m 2 0 w D ry Respectfully submitted, TOM RILEY LAW FIRM, P. 0 BY: Matf6•At•- ‘ 503 in A. Diaz #000009676 12 Highway 6 West Iowa City, IA 52246 (319) 351-4996 ATTORNEY FOR PLAINTIFF tO CO O p om ca n 3 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY DEBBIE OLSON, No: SS a"Ja. Plaintiff, v. DEMAND FOR JURY TRIAL CITY OF IOWA CITY, Defendant. COMES NOW the Plaintiff and hereby demands a trial by jury on each and every issue in this case. Respectfully submitted, TOM RILEY LAW FIRM, P. 0 BY: Ma tin A. Diaz #000009676 12 0 Highway 6 West Iowa City, IA 52246 (319) 351-4996 ATTORNEY FOR PLAINTIFF c...)ccD = --r T - N F. N VMOI '1�1I0 VMOI 1J310 A113 IZ .£ Wd SZ 130 C6 END OF CASE FILE • `THE IOWA STATE BAFI ASSOCIATION • FOR THE LEGAL EFFECT OF THE USE Official Form No.301 OF THIS FORM,CONSULT YOUR LAWYER THE IOWA DISTRICT COURT `n JOHNSON COUNTY o� r n--c - PRINCIPAL MUTUAL LIFE INSURANCE COMPANY, 42-0127290 �� az _ Plaintiff(s), LAW ❑ IV EQUITY L No. SU 6c? vs. DEBBIE L. COWHERD, DONNA LOU COWHERD, ORIGINAL NOTICE STATE OF IOWA, IOWA COLLEGE STUDENT AID COMMISSION, I.C. COT,LFCPION & PROCESS SERVICE and CITY OF IOWA CITY, IOWA, Defendant(s). TO THE ABOVE-NAMED DEFENDANT(S): You are hereby notified that there is now on file in the office of the clerk of the above court a petition in the above-entitled action, a copy of which petition is attached hereto. The plaintiff's(s') attorney is Thomas L. Wine whose address is 1414 West Locust Street, Davenport Iowa 52804 You are further notified that unless, within 20 days after service of this original notice upon you, you serve, and within a reasonable time thereafter file a motion or answer, in the Iowa District Court for Johnson County, at the courthouse in Iowa City , Iowa, judgment by default will be rendered against you for the relief demanded in the petition. (SEAL) EDWARD F. STEINBRECH CLRK OF THE ABOVE COURT AAA, 4(5 igi ic JOHNS County Courthouse IOWA CITY , Iowa 52240 NOTE:The attorney who is expected to represent the defendant should be promptly advised by defendant of the service of this notice The Iowa State Bar Association 301 ORIGINAL NOTICE FOR PERSONAL SERVICE • 9 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNT•'1 ��•'%% cj ‘C''' PRINCIPAL MUTUAL LIFE INSURANCE ) r •�, 4. COMPANY, ) .,. 42-0127290 ) /•' cp. j.. ✓moi Plaintiff, ) -4_2/1:2 vs . ) Equity No. Sy461 ) DEBBIE L. COWHERD, DONNA LOU ) COWHERD, STATE OF IOWA, IOWA ) COLLEGE STUDENT AID COMMISSION, ) I. C. COLLECTION & PROCESS ) SERVICE and CITY OF IOWA CITY, ) In IOWA, ) o c'' ) ;-- L Defendants . ) Lc Cr]_ PETITION FOR FORECLOSURE OF MORTGAGE =ICJCD _rn COMES NOW the Plaintiff and for cause of action rOpecttully N states to the Court as follows : ^' 1 . That the Plaintiff is a corporation organized under the laws of the State of Iowa, having its principal place of business at 711 High Street, Des Moines , Iowa 50309 . 2 . That on or about August 25 , 1986 , defendants, Debbie L. Cowherd and Donna Lou Cowherd, made, executed and delivered to the Plaintiff their promissory note in writing for the sum of $55 , 700 . 00 with interest at the rate of 9% per annum on the unpaid balance, with principal and interest payable in monthly installments of $448 . 18 commencing on the first day of October, 1986 , and continuing on the first day of each month thereafter until fully paid. A copy of said note is attached hereto , marked Exhibit "A" and made a part hereof . 3 . To secure payment on said promissory note, and as a part COPY TO: _1 - ROSE DENNY PRINCIPAL MUTUAL LIFE INS,CO. 711 High Street Des Moines,IA 50392-0001 Loan Nn J - of the same transaction, 9d2'anbkrn�i ?:r2&bie L. Cowherd and Donna Lou Cowherd, then and at aucAit( (i �relevant hereto unmarried persons, II 10WA on the same date as the making of said note, made, executed, and delivered to the Plaintiff a mortgage in writing upon the following described real estate situated in Johnson County, Iowa, to-wit: Lot 15 in Block 2 in P. J. Regan' s Second Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 1 , Page 93 , Plat Records of Johnson County, Iowa. Said mortgage was duly filed for record in the Recorder' s office of Johnson County, Iowa , on the 28th day of August, 1986, as Document No. 3233 in Book 876 , Page 142. A copy of said mortgage is hereto attached, marked Exhibit "B" and made a part hereof. 4. The said promissory note provides that if any default and payment of any installment due under the note is not made good prior to the date of the next such installment, the entire principal sum and accrued interest shall at once become due and payable without notice, and at the option of the holder of the note. It further provides that if suit should be commenced for the collection of the note, the maker agrees to pay statutory attorney fees and cost of collection. Presentment, demand, protest and notice are waived in the note. 5 . The said mortgage provides that in addition to the monthly payments of principal and interest under the terms of the note, the mortgagor will pay to the mortgagee, as trustee, on the first day of each month until the note is fully paid, an amount sufficient -2- to pay taxes on the premises covered by the mortgage plus fire and 93 JUPJ I I PM 2: 22 hazard insurance premiums . The mortgage further provides that the CIT?' CF ERic mortgagor agMe"s NZ5M4V "late charge" not to exceed 4% of any installment when paid more than fifteen days after the due date thereof . 6. The said mortgage further provides that the mortgagor will pay reasonable attorney fees if the note and mortgage shall be placed in the hands of an attorney for collection or foreclosure plus all expenses incurred in procuring abstracts of title and that such fees and expenses shall be considered part of the indebtedness secured by the mortgage. 7 . The mortgage further provides that in the event of the foreclosure of the mortgage and the sale of the property by a Sheriff ' s sale in the foreclosure proceedings , the time of one year for redemption from said sale shall be reduced to six months, provided that the mortgagee waives any rights to a deficiency judgment against the mortgagor which may arise out of the foreclosure proceedings. 8. The plaintiff-mortgagee hereby waives its right to a deficiency judgment against the mortgagors or their successors in interest. 9 . Monthly payments due under said note and mortgage have not been paid beginning with the payment due on November 1 , 1992 , and continuing thereafter through the date of this Petition. In addition there are late charges which have not been paid. By reason of these -3- • 1791 F7 defT.3411,lIth 4 . 2ntiff has elected; and by the commencement of this actioncldo`etaLrelbect, to declare the whole of said principal sum of IOWA CITY, IOWA said note due and payable, and the entire amount of the principal and interest as all due and collectible and the mortgage foreclosable at once. 10. An Affidavit for Attorney Fees is attached hereto, marked Exhibit "C" and made a part hereof. 11 . The Defendants are not and have not been at any time during the preceding six months, members of any of the Armed Forces of the United States of America and are not entitled in any way of manner to the benefits or relief provided by the Soldiers and Sailors Civil Relief Act. 12 . The defendant, State of Iowa, Iowa College Student Aid Commission, may claim some right, title, interest, or lien in or to the real estate herein described by virtue of a Judgment entered in Case #35191 in the Iowa District Court for Johnson County against Debbie L. Cowherd. Such claim is junior and inferior to the rights of the Plaintiff herein and the Plaintiff ' s said mortgage is prior, superior, and paramount to any lien, claim, right, title, or interest of State of Iowa, Iowa College Student Aid Commission. 13 . The defendant, I. C. Collection & Process Service, may claim some right, title, interest or lien in or to the real estate herein described by virtue of a Judgment entered in Case #35940 in the Iowa District Court for Johnson County against Debbie L. Cowherd. -4- • 11 r- Such claim is junior and infeniaItjo fVh€; ppghts of the Plaintiff herein and the Plaintiff ' s saidCirick-Ccyaa ( is prior, superior, and IOtVACIT YIOI,A paramount to any lien, claim., right, title, or interest of I. C. Collection & Process Service. 14 . The defendant, City of Iowa City, Iowa, may claim some right, title, interest or lien in or to the real estate herein described by virtue of a Traffic Judgment 93TR5609 entered in the Iowa District Court of Johnson County against Debbie Lynn Cowherd. Such claim is junior and inferior to the rights of the Plaintiff herein and the Plaintiff ' s said mortgage is prior, superior, and paramount to any lien, claim, right, title, or interest of the City of Iowa City, Iowa. 15 . The Plaintiff is still the owner and holder of said note and mortgage and there is justly due thereon the principal sum of $52 , 756 . 86 plus interest from October 1 , 1992 , to May 15 , 1993 , at the rate of 9% per annum in the amount of $2 , 944 . 30 , plus a deficit in the escrow account in the amount of $475 . 96 , plus late charges in the amount of $193 . 18 , plus miscellaneous advances in the amount of $234. 61 , less miscellaneous borrowers funds held in the amount of $287 . 21 , for a total indebtedness as of May 15 , 1993, of $56 , 317 . 70 , no part of which has been paid, and said amount is justly due this Plaintiff and is secured by this mortgage, together with interest at the rate of 9% per annum, attorney fees, abstract charges , and other costs of this case. -5- rip - L L - . '„' qq 93 15. The real propertylherein2'is a single family dwelling which CIT;' CLEP,ii is now occupied by th��]ldebtor� Wpsi�defined in Iowa Code Section 628. 28. vi JP Ili No part thereof is used for agricultural purposes. 16 . An Affidavit of Notice is hereto attached and made a part hereof marked Exhibit "D” stating that Notice of the Right to Cure has been given in compliance with Iowa Code Section 654 . 2B. WHEREFORE, Plaintiff prays for judgment in rem against the real estate, for the sum of $56 , 317. 70 , plus interest at 9% per annum from May 15, 1993, Court costs, abstract charges in the amount of $390. 00 , reasonable attorney fees as allowed by the Court, advances authorized by the mortgage, and accruing costs. Plaintiff further asks : for judgment and decree against all of the Defendants establishing and foreclosing said mortgage as against the land described herein for the full amount of said judgment , interest and costs; that said judgment be adjudged and decreed to be a first lien upon the said mortgaged premises from the date of said mortgage; that the lien, claim, title, or interest of the Defendants upon the said mortgaged premises be adjudged and decreed to be junior, inferior, and subsequent to the lien of the Plaintiff 's said mortgage; that the Plaintiff ' s lien be adjudged and decreed to be prior, superior, and paramount as against each of the Defendants; that the Plaintiff ' s mortgage be foreclosed and the equity of redemption of the Defendants be forever barred and foreclosed subject only to the right of redemption; that a Special Execution issue for the sale -6- • of said mortgaged premises or so much thereof as may be necessary to satisfy said judgment with interest and costs ; that the Court adjudge and decree that if any of said mortgaged premises be sold under such decree and not redeemed within the time provided for redemption, that a writ of possession issue from the seal of this Court directed to the Sheriff of said County commanding him to put the purchaser under this foreclosure in possession thereof; and Plaintiff further prays that the Court appoint a receiver to take possession of said premises, its rents , issues , and profits, to hold and manage the same with all appropriate powers , and to apply the net proceeds of the receivership to the payment of the Plaintiff ' s judgment. PRINCIPAL MUTUAL LIFE INSURANCE cn cv COMPANY, cv ‘--"=2 Plaintiff. °' By: ��c� _ g.(-4Jt- ok_ Thomas L. Wine • — O 1414 West Locust Street Davenport, Iowa 52804 Telephone: ( 319 ) 324-1387 Attorney for Plaintiff • -7- STATE OF IOWA : ss. COUNTY OF SCOTT ) I , Thomas L. Wine, being first duly sworn, state that I am the attorney for the Plaintiff herein, that I have in my possession the original Note and Mortgage upon which this action is brought, that I have prepared the foregoing Petition and that the allegations therein contained are true and correct as I verily believe. Thomas L. Wine Subscribed and sworn to before me by Thomas L. Wine this 21st day of May , 1993 . 9t v nn .r. c ) �LyEANN M.GISm Iowa Notary Publi to ah.5 VD o C`' C c n _ 1C, ;'G7 -O ___n-1 J O N -� N CO • #322388 • This. form Is used In convection 1 FHA CASE NUMBER:with mortgages Insured under the MORTGAGE NOTE one- to four-family provisions of the Notional Housing Act. 161-1086726-703 �a-/ 32/✓ •••,-.0„.4-4\‘.:1,0:.(4:44..0r,1,..:1.4:: :71 .i , Iowa City , Iov, $55,700.00 • _.,_August 25 , 1986 FOR VALUE RECEIVED, the undersigned,jointly and severally, promise(s) to pay to • PRINCIPAL MUTUAL LIFE INSURANCE COMPANY, an Iowa Corporation or order, the principdl sum of FIFTY-FIVE THOUSAND SEVEN HUNDRED AND NO/100 Dollars ($ 55,700.00 with interest from date at the rate of nine • per centum ( 9 i per annum on the balance remaining from time to time unpaid. The said principal and interest shall be payable at the office of PRINCIPAL MUTUAL LIFE INSURANCE COMPANY 711 High Street Des Moines, Iowa 50309 , or at such other place as the holder hereof may designate in writing, in monthly installments of Four Hundred Forty-Eight and 18/100 Dollars ($448.18 commencing on the first day of OCTOBER , 19 86 , and on the first day of each month thereat until the principal and interest are fully paid, except that the final payment of principal and interest, if not sooner pai shall he due and payable on the first day of SEPTEMBER , 2016 • If default he made in the payment of any installment tinder this Note, and if the default is not made good prior the due date of the next such installment, the entire principal sum and accrued interest shall at once become due a payable without notice at the option of the holder of this Note. Failure to exercise this option shall not constitute waiver of the right to declare the entire principal amount of this Note and interest thereon, due and payable at once, the event of any subsequent default. If suit should be commenced for the collection of this Note the undersigned here agree(s) to pay statutory attorney's fees and costs of collection. Presentment, demand, protest and notice are hereby waived by all persons who shall be signatory hereto either makers, endorsers or sureties. This note is secured by a first on real estate in .JJOHNSON �1 County, Io‘ 6,. b-0-0 t� • 691-0-o(�F�L-G�l' Y 8 241 � �� ( .er< 1'A 6'6 Debbie L. Cowherd Donna Lou Cowherd • • CO CO o C_ -- 'In c. 'In C.-! — ,-;<r rrl 22: 073 CO Exhibit "A" Replaces Form FHA 9119,which is Obsolete GPO 537-390 HUD-99119 (2- — - #322388 State of Iowa Mortgage FHA Case No. 161-1086726-703 This Mortgamade this 25th day of August , A.D. 19 86 , between -Debbie L. Cowherd, an unmarried person and Donna Lou Cowherd, an unmarried person of the County of JOHNSON ,and the State of Iowa, hereinafter called the Mortgagor,and PRINCIPAL MUTUAL LIFE INSURANCE COMPANY, an Iowa Corporation a corporation organized and existing under the laws of the State Of Iowa ,and having its principal place of business and post-office address at 711 High Street Des Moines, Iowa 50309 , hereinafter called the Mortgagee: Witnesseth:That the Mortgagor, in consideration of FIFTY-FIVE THOUSAND SEVEN HUNDRED AND NO/100 -Dollars(5 55,700.00 ),the receipt whereof is hereby acknowledged,does,by these presents,Sell and Convey unto the Mortgagee,forever,the following-described real estate situated in the County of JOHNSON ,State of Iowa, to wit: Lot 15 in Block 2 in P. J. Regan's Second Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 1, Page 93, Plat Records of Johnson County, Iowa M CV Q 3233 _ 6-X7 F Uj= 1966 gUIG 28 E1 2: 07 <rn ✓ J..:ii .. .. ...h't, , • including all buildings and improvements thereon, or that may hereafter be erected thereon,and,so far as they now are or may hereafter belong to or be used with said real estate or buildings thereon and whether attached or detached, all elevators,all gas,steam, electric,or other heating, lighting, plumbing,ventilating, sprinkling, irrigating,water and power systems, appliances,fixtures and apparatus,all storm and screen windows and doors,and all other fixtures; together with all rents, issues and profits thereof until the debt secured hereby is paid in full,as well as all the reversion and reversions, remainder and remainders, hereditaments,appurtenances and all other rights thereunto belonging or in anywise now or hereafter appertaining. And the Mortgagor hereby covenants that he is seized of the said premises in fee simple,and that he has good right to sell and convey the same; that the premises are free from all encumbrances and that he will warrant and defend the title to the same unto the Mortgagee against the lawful claims of all persons whomsoever. Conditioned.However,That if the Mortgagor shall pay or cause to be paid to the Mortgagee,as is provided in a certain promissory note of even date herewith, the terms of which are incorporated herein by reference, the principal sum of FIFTY-FIVE THOUSAND SEVEN HUNDRED AND NO/100 Dollars(S 55,700.00 1. with interest from date at the rate of nine per centum( 9 rr) per annum on the balance remaining from time to time unpaid. principal and interest being payable at the office of PRINCIPAL MUTUAL LIFE INSURANCE COMPANY - in Des Moines, Iowa 50309 , or at such other place as the holder of the note may designate in writing,in monthly installments of Four Hundred Forty-Eight and 18/100 -Dollars(S 448.18 ), commencing on the first day of OCTOBER . 19 86 .and on the first day of each month thereafter until the principal and interest are fully paid, except that the final payment of principal and interest. if not sooner paid.shall be due and parable on the first day of SEPTEMBER . _1116 •aru shall also ft:llt perform all :he covenants,conditions and terms of this mortgage. then these presents shall he told. or hem t,e :o remain in full farce and effect. This arm is used ^ connection with Mortgages insured under the ane-to-lourfamily programs of.the National !-ct.e -a Act wr ;'- one a One-T me Mortcace insurance Premium oavment (inclucm9 sections 203 (U) and (1)) in accordance.with the rer,u!a: :-s 'at'those t :ar:m's Page rot 4 pages HUD-Z.2119M.1 (5 S5 Edition) Imo✓.}711J1t 'Bu 24 Cr:: :CS 1 ,l Ftermted d !id The Mortgagor Covenants and Agrees That: accumulated under the provisions of sub,cction (a)of such • paragraph. If there shall be a default under any of the provisions I. He will pay the principal of and the interest onthe r•= 1, of this mortgage resulting in a public sale of the premises indebtedness evidenced by the note secured hereby,al the times ' covered hereby of if the Mortgagee acquires the property and in the manner therein provided. Privilege i 4gscap{i to pay otherwise after default, the Mortgagee shall-apply at the time of the debt in whole, or in an amount equal to oneluNiiir6 Pfl 2: 7,11c commencement of such proceedings,or at the time the monthly payments on the principal that are next due on the property is otherwise acquired,the balance then remaining in the note, on the first day of any month prior to maturityCpgoyidatt ERN funds accumulated under such subsection(a) of paragraph 2 as a however,that written notice of an intention to execisetsuc tl'`credit against the amount of principal then remaining unpaid is at least thirty(30) daysprior to t prepayme t�.Y' I��'r'�ttndcr the note. privilege given Y P P 3' 2. In order more fully to protect the security of this 4. He will pay all ground rents, taxes and assessments, mortgage,together with, and in addition to,the monthly general, local or special(except the Federal and State income payments of principal and interest under the terms of the note taxes) for the payment of which provision is not otherwise made secured hereby, he will pay to the Mortgagee on the first day of herein, which may be imposed upon said land,premises or each month until the note is fully paid the following sums: property or upon the Mortgagee's interest therein, or upon this mortga e, or upon the said debt or other sums hereby secured; (a) A sum equal to the ground rents, if any,and the taxes and expressly waiving and renouncing hereby any and all right to special assessments next due on the premises covered by this discharge the debt or any sums hereby secured or any part mortgage, plus the premiums that will next become due and payable on policies of fire and other hazard insurance on the hereof by the payment of any such ground rents, taxes tor o premises covered hereby(all as estimated by the Mortgagee) less assessments; without regard to any law heretofore enacted or all sums already paid therefor divided by the number of months which may hereafter be enacted imposing payment of the whole to elapse before one(I) month prior to the date when such or any part thereof upon the Mortgagee. He will not suffer or ground rents, premiums,taxes,and assessments will become permit any such ground rents, taxes or assessments to become or delinquent,such sums to be held by Mortgagee in trust to pay remain delinquent on said premises or nany d rpart thereof,or any said ground rents, premiums, taxes, and special assessments, interest therein to be sold for any ground rents, taxes before the same become delinquent;and assessments. He will furnish annually to the Mortgageee,, prior to the date when they would become delinquent,certificates or (b) All payments mentioned in the preceding subsection of this receipts of the proper officer showing full payment of all such paragraph and all payments to be made under the note secured ground rents, taxes and assessments. hereby shall be added together,and the aggregate amount thereof shall be paid by the Mortgagor each month in a single 5. He will keep the improvements now existing or hereafter payment to be applied by the Mortgagee to the following items erected on the mortgaged premises, insured as may be required in the order set forth: from time to time by the Mortgagee against loss by fire and (i) ground rents, taxes,special assessments, fire and other other hazards,casualties and contingencies in such amounts and hazard insurance premiums; for such periods as it may require and will pay promptly,when (ii) interest on the note secured hereby;and due,any premiums on such insurance provision for payment of (iii) amortization of the principal of said note. which has not been made hereinbefore. All insurance shall be carried in companies approved by the Any deficiency in the amount of such aggregate monthly hf drteagee and the payment shall, unless made good by the Mortgagor prior to the policies and renewals thereof shall be held by it and have due date of the next such payment, constitute an event of default attached thereto loss payable clauses in favor of and in form under this mortgage.The Mortgagor agrees to pay a"late acceptable to the Mortgagee. e event of loss he will give charge"not to exceed four cents(4c) for each dollar(SI) for immediate notice by mail to the Mortgagee who may make by each payment more than fifteen(15) days in arrears, to cover the proof of loss if not made promptly re the Mortgagor,and each extra expense involved in handling delinquent payments. insurance company concerned is hereby authorized and directed to make payment for such loss directly to the Mortgagee instead 3. If the total of the payments made by the Mortgagor as of to the Mortgagor and the Mortgagee jointly,and the hereinabove in subsection(a) of paragraph 2 provided,shall insurance proceeds, or any part thereof,may be applied by the exceed the amount of the payments actually made by the Mortgagee at its option,either to the reduction of the Mortgagee for ground rents, taxes and assessments or insurance indebtedness hereby secured or to the restoration or repair of the property damaged. In event of foreclosure of this mortgage or premiums,as the case may be,such excess, if the loan is current, other transfer of title to the mortgaged property in at the option of the Mortgagor,shall be credited on subsequent extinguishment of the debt secured hereby.all right, title,and payments to be made by the Mortgagor, or refunded to the Mortgagor. If, however, the monthly payments made by the interest of the Mortgagor in and to any insurance policies then Mortgagor under such subsection shall not be sufficient to pay in force shall pass to the purchaser or grantee. ground rents, taxes and assessments or insurance premiums,as 6. Upon his failure to pay ground rents.taxes and the case may be, when the same shall become due and payable, then the Mortgagor shall pay to the Mortgagee any amount assessments, or to make payments on account thereof, or to necessary to make up the deficiency, on or before the date v.hen furnish certificates or receipts therefor, or to make payments on ded. payment of such ground rents, taxes and assessments or account of insurance premiums,all as here:ne : before pro and insurance premiums shall be due. If at any time the .Mortgagor the Mtaxes a may procure such insurance. pay such ground shall tender to the Mortgagee in accordance with the precisions rents, taxes and assessments, redeem the property'from any tax of the note secured hereby. full payment of the entire sale and procure certificates or receipts:aa. the Mortgagor shall indebtedness represented thereby, the said \lortgagee shall. in within ten(10) days pay to the Mortgagee 'ceche s which it may computing the amount of such indebtedness,credit to the ha%e so paid or become obligated to pay,together a ith interest account of the Mortgagor any balance remaining in the funds at the rate set forth in the note secured henry from the date of such payment: and same shall be secured by this mortgage. Page 2 014 pages VOL 87G ' 143 - . - "\ • 7. He will keep the property in as good order and condition best for the interest of all parties concerned,and shall be liable as it now is and will not commit or permit any waste thereof, to account to the Mortgagor only for the net profits,after reasonable wear and tear•excepted. application of rents, issues and profits upon the cost of the expense of receivership and foreclosure and the indebtedness, 8. He will pay to the Mortgagee within ten (10) days all charges and expenses hereby secured and herein mentioned. sums, including costs,expenses and reasonable agents'and attorneys'fees which it may expend or become obligated for in 12. If the note and mortgage, or either of them,shall be any proceedings, legal or otherwise, to establish or sustain the placed in the hands of an attorney for collection of foreclosure, lien of this mortgage or its priority; or in defending against liens, or other legal proceedings, the Mortgagor will pay a reasonable claims, rights,estates, easements or restrictions of any person or attorney's fee for any service rendered by an attorney in persons asserting priority thereto. He will pay a reasonable connection herewith, and all expenses incurred in procuring attorneys'fee in connection with any suit to enforce or to abstracts of the title for purposes of the foreclosure suit.and foreclose this mortgage, or to recover any sums secured hereby, such attorney's fees and expenses,shall be considered as part of including all costs and expenses, with interest upon all such the indebtedness secured by this mortgage and collectible sums at the rate set forth in the note secured hereby from the accordingly. date the same were paid; and the payment of said sums and interest shall be secured by this mortgage. 13. :Failure of the Mortgagee to exercise any option granted herein shall not be deemed a waiver of his right to exercise such 9. Upon maturity of said debt or other sums secured hereby, option at any other time. whether in course or otherwise as hereinbefore provided,the Mortgagee shall.have the right to enter into and upon the 14. If the premises, or any part thereof,be condemned under premises hereinbefore conveyed and take possession thereof or any power of eminent domain, or acquired for a public use, the to appoint an agent or trustee for collection of the rents, issues damages, proceeds and consideration from such acquisition, to and profits thereof;and the net income, after allowing a the extent of the full amount of the indebtedness upon this reasonable fee for the collection thereof, and management of the mortgage and the note secured hereby remaining unpaid,are property, may be applied to the payment of taxes, insurance hereby assigned by the Mortgagor to the Mortgagee and shall be premiums and other charges against the property, or in paid forthwith to the Mortgagee, to be applied by it on account reduction of the debt or other sums secured hereby; and the of the last installment of such indebtedness. rents,issues and profits are hereby specifically pledged to the It is further agreed, under Chapter 628,Code 1966,as payment of the debt hereby secured and of all other obligations amended, that in the event of the foreclosure of this mortgage which may accrue under the terms of this mortgage. and in the event of the finding by court decree in such 10. He further agrees that should this mortgage and the note foreclosure that the real estate hereinabove set out has been secured hereby not be eligible for insurance under the National abandoned by the owners and persons personally liable under Housing Act within thirty days days from the date the mortgage at the time of foreclosure and in the event the hereof(written statement of any officer of the Department of mortgagee waives any right to a deficiency judgment against the Housing and Urban Development or authorized agent of the mortgagor or his successors in interest,then the period of Secretary of Housing and Urban Development dated subsequent redemption from foreclosure sale will be reduced to sixty to the stated days'time from the date of this days,subject to the other provisions of the above-referenced law as amended. mortgage, declining to insure said note and this mortgage, being deemed conclusive proof of such ineligibility), the Mortgagee or It is further agreed that in the event of the foreclosure of this the holder of the note may, at its option, declare all sums mortgage and sale of the property by sheriff's sale in said secured hereby immediately due and payable. This option may foreclosure proceedings, the time of one year for redemption not be exercised by the mortgagee when the ineligibility for from said sale provided by the statutes of the State of Iowa shall insurance under the National Housing Act is due to the be reduced to 6 months, provided the Mortgagee waives in said mortgagee's failure to remit the mortgage insurance premium to foreclosure proceedings any rights to a deficiency judgment the Department of Housing and Urban Development. against the Mortgagor which may arise out of the foreclosure proceedings. 11. If default shall be made in the payment of the note The signing of this mortgage and the note secured hereby by secured hereby or any part of the interest thereon promptly on the spouse of the owner is not only for the purpose of re:easing maturity, or if there shall be a failure to comply with any and dosser or distributive share, but also for the purpose of creating every condition of this mortgage, then the note, and the whole of a personal liability for the indebtedness evidenced by said note the indebtedness secured by this mortgage, including all and secured by this mortgage. payments for ground rents, taxes, assessments or insurance If more than one joins in the execution hereof as Mor:_agor. premiums. shall, at the option of the Mortgagee, become due or any be of the feminine sex, the pronouns and relative uords and collectible at once by foreclosure or otherwise and without herein used shall be read as if written in the plural or the notice of broken conditions; and at any time after the feminine respectivfifilx. The cosenants herein contained shall bind. commencement of an action in foreclosure, or during the period and the benelits451d�advantages inure to. ;he respective of redemption. the court having jurisdiction of the case shall, at �. the request of the Mortgagee. appoint a receiver to take execut.lrsy�� 1Flassignstralors. successors and assigns of the carties immediate possession of said property and of the rents and tw` .1� '� C c53profits accruing therefrom, and to rent the same as he nt:n deem ++Z,j7 \\ +� X2'2\i\a �c' Page 3 ci 4 nac,es VOL 87G Pn;t 14.1 • SEE RIDER(S) OF EVEN DATE HEREWITH ATTACHED HERETO AND BY REFERENCE MADE.A PART OF Tills MORTGAGE. In ytitness whereof, the NIortgagor(s) has hereinto set ' their hands) the da and year first above a ritten. Debbie L. Cowherd Donna Lou Cowherd NOTARIAL SEAL State of Iowa ss: County of JOHNSON On this 25th day of August , A.D. Nineteen Hundred and Eighty-Six , before me, a Notary Public in and for JO "•iN County. State of Iowa, personally appeared Debbie L. Cowherd, an unmarried .• s. , o me now be th. .- .on(s) named and who executed the foregoing instrument and acknowledged that she exccut•d re s e as r voluntary act and deed M, rf/ A A Nom -ubhc In an- ]. County State of Virginia - of r �.. ,met 5S: NOTARIAL SEAL On this? /77- da of August, A.D. Nineteen Hundred :rid Eighty-Six, before me, a Notary Public in and for ✓73.9. Bir Ceua , State of Virginia , personally appeared Donna Lou Cowherd, an unmarried person, to me known to be the person named and who executed the foregoing instrument and acknowledged that she executed the same as her voluntary act and deed / et) j — e State of Iowa Notary Public in and for said County.; - ss: ply .on� s.wn 6:pires July 13, 1993 County of this instrument filed for Record the day of A.D. 19 , at o'clock NI.,and duly recorded in Book of at Page County Recorder ( • l9 Wit` rV N • r Page 4 01a pages AFFIDAVIT FOR ATTORNEY FEES STATE OF IOWA ) - )ss : COUNTY OF SCOTT) I, Thomas L. Wine, being first duly sworn on oath do depose and state that I am a regular practicing attorney at law, and the attorney for the Plaintiff in the foregoing cause of action; that there is not and has not been an agreement between me and my clients or any other person, expressed or implied, for any division or sharing of the fees to be taxed, and that said fee is compensation for services actually rendered in the action. I further state that the contract sued is by its terms made payable at Des Moines, Iowa in the office of the Plaintiff and the maker has not tendered the sum due at the place named in the contract. C-Ca Thomas L. Wine Subscribed and sworn to before me by Thomas L. Wine this 21st day of May , 1993 . / �*P ` t LEANN M.GILLESPIE C—&vsi /,( tze a n" u 02, _° , !AY CONMISSIONaPIRES IOWA NOTARY PUBLICA.V62/9.5 O L- C_r EXHIBIT "C" <{ O •' 322388 - - - AFFIDAVIT OF NOTICE Before me, the undersigned authority, on this day personally appeared E. A. Hummel , who, after being duly sworn,--deposed and stated: 1) That he/she is the duly appointed Officer and acting Assoc. Dir. & Sec. Default Adm. of Principal Mutual Life Insurance Company, f/k/a Bankers Life Company (hereinafter, the "Creditor") . 2) That Debbie L. Cowherd, an unmarried person and Donna Lou Cowherd,an unmarried did on the 25th day of August , 19 86 , execute and deliver one person promissory note to Bankers Life Company, n/k/a Principal Mutual Life Insurance Company, said note being in tire principal sum of $ 55,700.00 with interest thereon at the rate set forth in said note, and said note being secured by a mortgage of even date herewith, said mortgage being duly recorded on the 28th day of August , 19 86 , in Book 876 at Page 142 in the Office of the County Recorder of Johnson County, Iowa. 3) That a default has occurred under the note and/or mortgage and, as such, in compliance with §654.2B of the Iowa Code, the Creditor has given Mortgagor(s) a 30-day "notice of right to cure". In witness whereof, E. A. Hummel , on behalf of the Creditor (Principal Mutual Life Insurance Company), executed this Affidavit and affixed hereto the corporate seal of the Creditor this 25th day of March , 1993 By: f.t� E. A. Hummel, Assoc. Dir. & Sec. Default Adm. Sworn to and subscribed before me this 25th day of March , 19 93 . �1S-c -r, ,! Notary Public in and for the State of Iowa CDCD My commission expires: uSUSAN GCODHICH L'pliuLS.WIN FXPIFFS CD L 'YLam mato)24,1094 7 C ` ' �t cp'72-1 N 0) Exhibit "D" END OF CASE FILE 'r • • IN THE IOWA DISTRICT COURT IN AND FOR JOHNSQJV COUNTY SHANNON & WILSON, INC. ) a corporation ) ) Plaintiff, ) toGA)a vs. ) *c.) CITY OF IOWA CITY ) =lc) NO. 5505 1 ' r*i a Defendant. ) N D cn cn TO THE ABOVE NAMED DEFENDANT(S): You are hereby notified that there is now on file in the office of the Clerk of the above Court, a Petition in the above entitled action, a copy of which Petition is attached hereto. The Plaintiff's attorney is James L. Ottesen, whose address is 601 Brady Street, Suite 210-211, Davenport, Iowa 52801. You are further notified that unless, within 20 days after service of this Original Notice upon you, you serve, and within a reasonable time thereafter file a motion or answer, in the Iowa District Court for- °eeit ounty, at the County Courthouse in l:4` , Iowa,judgement by default will be rendered against you for the relief demanded in the Petition. EDWARD F. STEINBRECH Clerk of the above Court C-dAttir Deputy- esignee Johnson County Courthouse Iowa City, Iowa NOTE: The attorney who is expected to represent the Defendant should be promptly advised by Defendant of the service of this Notice. cc C� Ow )14$#1 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY SHANNON & WILSON, INC. ) a corporation ) Plaintiff, ) vs. `-e'' •11 CITY OF IOWA CITY ) Jy NO. Ss051 d� Defendant. ) PETITION AT LAW COMES NOW Plaintiff in the captioned matter, by James L. Ottesen, its attorney, and, for cause of action, states: 1. Plaintiff is a foreign corporation, but this action is founded upon a transaction taking place in interstate commerce. 2. On or about the 28th day of February, 1992, the Plaintiff and Defendant entered into an agreement whereby Plaintiff was engaged by Defendant to perform for the Defendant professional services by way of assistance in responding to materials submitted to the Defendant by the Iowa Department of Natural Resources in response to a submittal earlier made by the Defendant to said Department. 3. It was the agreement of the parties that this assistance was in addition to materials and assistance earlier provided by the Plaintiff to the Defendant pursuant to a separate contract between the parties for which endeavors the Plaintiff was fully paid. 4. It was the specific agreement of the parties that these additional services would be separately billed and paid. 5. Pursuant to said agreement, and in reliance thereon, the Plaintiff performed said professional services and provided its work product to the Defendant, which work product was accepted without objection. 6. The reasonable value of said services and the price agreed upon therefore by the parts was the sum of Four Thousand Eight Hundred Twenty Eight and 83/100 Dollars, as set fortronlig statement attached hereto, marked Exhibit A, and made a part hereof by this [Qefel'Encec cam.. _-.ir 5 Plainti 7ff.. ff has demanded payment thereof of the Defendant, which payment has been ILL 5 Uo t', - J refused. WHEREFORE, Plaintiff prays for judgement in its favor and against Defendant for the sum of Four Thousand Eight Hundred Twenty Eight and 83/100 Dollars with interest thereon as provided by law and for the costs of this action. JAMES L. OTTESEN Attorney for Plaintiff 601 Brady Street Suite 210-211 Davenport, Iowa 52801 319-324-8001 tO Ca) *� -n 7:0=-4 - 7< _ M C" . maim U Progress Invoice NowE] Final Invoice SHANNON & WILSON, INC. Geotechnical Consultants 11500 Olive Blvd., Suite 276 • St. Louis, Missouri 63141-7126 • Telephone (314) 872-8170 To • 0654 CITY OF IC/rJA CITY, IOWA Invoice Number Attn: Charles Schrsadeke/Ed Engroff 7 1 7 7 410 W. Washington Street Iowa City, IA 52240 Job Reference: PHASE II—IOWA LANDFILL DEVELOP WORK PAZ FOR PHASE II ACTIVITOESS AT THE IOWA CITY LANDFILL. 2/29/92 This period: from 4/11/92 -__-_ t0 Invoice Date Contract or Purchase Order Authorized Fee 4/11/92 Job Number Z-0326-01 Total Previous Due This Professional Services: To Date Billings Period Labor: $4775.00 $4775.00 Expense a: ReiLiburaables $54.83 $54.83 Invoice Totals: $4829.83 $4828.83 c.a Encl: Project Activity Report y� o. - G- FAILURE OF THIS CONTRACTOR TO PAY THOSE PEORSONSO OWNERPLYING MATERIAL OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC'S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER 429, RSMo. TO AVOID THIS RESULT YOU MAY ASK THIS CONTRACTOR FOR 'LIEN WAIVERS' FROM ALL PERSONS SUPPLYING MATERIAL OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIAL TWICE. A 1.5%monthly interest charge on all invoices not paid within 30 days; 18%annually. Terms:Net 30 days • Please pay from this invoice White, Blue & Green to Client/Canary-Accounts Receivable/Pink-Invoice File/Goldenrod-Sales Cony END OF CASE FILE IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY JAMES ALLEN YELTATZIE ) and THERESA E. SPANGLER, ) //� ) Civil No. Sq(C Plaintiffs, ) v. ) w JOHNSON COUNTY; JOHNSON COUNTY ) C� ri �. SHERIFF' S DEPARTMENT; CITY OF ) r,-� LJ IOWA CITY; IOWA CITY POLICE ) DEPARTMENT; MID-EASTERN IOWA ) COMMUNITY MENTAL HEALTH CENTER; ) • _r ROBERT DOLEZAL, individually '_ 3 and in his capacity as a law ) V' " enforcement officer for the ) Johnson County Sheriff ' s ) Department; and VERONICA WIELAND, ) ORIGINAL NOTICE individually and in her capacity ) as a psychiatric nurse for ) the Mid-Eastern Iowa Community ) Mental Health Center, ) Defendants. ) TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that there is now on file in the office of the Clerk of the above Court, a Petition in the above-entitled action, a copy of which Petition is attached hereto. The Plaintiffs ' attorney is John Wunder whose address is 610 Cedar Street, Muscatine, Iowa 52761. You are further notified that unless, within 20 days after service of this Original Notice upon you, you serve, and within a reasonable time thereafter file a motion or answer in the Iowa District Court for Johnson County, at the Courthouse in Iowa City, Iowa, judgment by default will be rendered against you for the relief demanded in the Petition. L4/7 /...J s ,' Clerk Of the District Court Johnson County Courthouse Iowa City, Iowa 52240 NOTE: The attorney (s) who are expected to represent the Defendant(s) should be promptly advised by Defendant (s) of the service of this notice. a I`i IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY JAMES ALLEN YELTATZIE ) and THERESA E. SPANGLER, ) / ) Civil No. S`1 ,.,, Plaintiffs, ) ' v. ) z�c nQ-31 (" c/5 { JOHNSON COUNTY; JOHNSON COUNTY ) rte„ SHERIFF'S DEPARTMENT; CITY OF ) -<-1 3 IOWA CITY; IOWA CITY POLICE ) '-- DEPARTMENT; MID-EASTERN IOWA ) Dpi , COMMUNITY MENTAL HEALTH CENTER; ) " p ROBERT DOLEZAL, individually ) and in his capacity as a law ) enforcement officer for the ) Johnson County Sheriff's ) Department; and VERONICA WIELAND, ) AMENDED PETITION individually and in her capacity ) as a psychiatric nurse for ) the Mid-Eastern Iowa Community ) Mental Health Center, ) Defendants. ) COMES NOW Plaintiffs, pursuant to Iowa Rules of Civil Procedure 88 and 89, and hereby submit their Amended Peti.tiO as . follows: ri FACTS COMMON TO ALL COUNTS r- 3 1. That Plaintiffs James Allen Yeltatzie and Theresa E. Spangler are residents of Johnson County, Iowa, and at all times materials hereto were husband and wife. 2 . That Defendant Johnson County is a "municipality" as defined by Chapter 613A. 1(1) of the Iowa Code, and as such is responsible for the actions of the Johnson County Sheriff's Department. Defendant Johnson County Sheriff 's Department is a law enforcement agency in and for Johnson County, Iowa, and as such is responsible and accountable for the actions and conduct of its employees in the performance of their duties. 3 . That Defendant City of Iowa City, Iowa is a "municipality" as defined by Chapter 613A. 1 ( 1) of the Iowa Code, and as such is responsible for the actions of the Iowa City Police Department. Defendant Iowa City Police Department, Iowa City, Iowa, is a law enforcement agency in and for the municipality of Iowa City, Iowa, and as such is responsible and accountable for the actions and conduct of its employees in the performance of their duties . 4 . That Defendant Mid-Eastern Iowa Community Mental Health Center is a non-profit mental health organization, and as such is responsible and accountable for the actions and conduct of its employees in the performance of their duties. 5 . That Defendant Robert Dolezal is a resident of Johnson County, Iowa, and at the time material hereto was acting in his capacity as a law enforcement officer for Defendant Johnson County Sheriff ' s Department. Judgment is sought against Defendant Dolezal in his individual capacity as well as his capacity as an employee of Defendant Johnson County Sheriff ' s Department. 6 . Defendant Veronica Wieland is a resident of Johnson County, Iowa, and at the time material hereto was acting in -her capacity as a psychiatric nurse for Defendant Mid-Eastern Iowa Community Mental Health Center. Judgment is sought against 2 Defendant Wieland in her individual capacity as well as her capacity as an employee of Defendant Mid-Eastern Iowa _Community Mental Health Center. COUNT I (MALICIOUS PROSECUTION) Plaintiff James Allen Yeltatzie repleads Paragraphs 1 through 6 above as though fully set out herein. 7 . That on February 10, 1991, a Ms. Julie Heim, a/k/a Julie Wilcox, reported to the Johnson County Sheriff's Department that she had just been kidnapped and raped by Plaintiff James Allen Yeltatzie. Ms. Heim was encouraged and accompanied by Defendant Veronica Wieland, who was acting as an employee of Defendant Mid- Eastern Iowa Community Mental Health Center at the time, to report this alleged crime. 8 . Ms. Heim was interviewed by Defendant Robert Dolezal, who was acting in his official capacity as a law enforcement officer for Defendant Johnson County Sheriff's Department. 9. Defendants Veronica Wieland and Robert Dolezal knew, or should have known, that Ms. Heim's report of criminal conduct on the part of Plaintiff James Allen Yeltatzie was false. 10. Defendants Johnson County Sheriff 's Department, Robert Dolezal and Veronica Wieland enlisted the assistance of the Iowa City Police Department to further investigate Ms. Heim's allegations. Notwithstanding evidence proving that Ms. Heim's 3 _ w 4-0 J y [ytJ icy allegations were fictitious, Defendants obtained a search warrant from the Iowa District Court for Johnson County to search -the residence and business offices of Plaintiff James Allen Yeltatzie for evidence of the fictitious kidnapping and rape. 11. On February 13 , 1991, search warrants were executed at the residence of both Plaintiffs; the office of Plaintiff James Allen Yeltatzie at University of Iowa Hospitals and Clinics, Iowa City, Iowa, and his office located in Muscatine County, Iowa. 12 . No evidence of the alleged kidnapping or rape was discovered. However, other items of an alleged incriminating nature were discovered. 13 . Based on law enforcement officers ' observations of those items, a subsequent search warrant was requested and granted purportedly authorizing law enforcement officers of Defendants Johnson County Sheriff 's Department and the Iowa City Police Department to seize those items. Both Plaintiffs were subsequently indicted for various criminal offenses by Johnson County Attorney ' s Trial Information. That prosecution was entitled State v. Theresa E. Spangler and James Allen Yeltatzie, Criminal Nos. 26981 and 26984 . 14 . Plaintiffs, through their respective attorneys, filed Motions to Suppress the items seized by Defendants Johnson County Sheriff ' s Department and the Iowa City Police Department. After a contested hearing, the Honorable Judge Larry Conmey sustained the 4 Motions to Suppress on September 12, 1991, and ruled that all the items seized by the Defendants could not be used at trial. That action effectively terminated the criminal prosecution in favor of the Plaintiffs, resulting in the dismissal of the charges against both Plaintiffs. Judge Conmey held that the Defendants acted "with reckless disregard for the truth, " and further ruled that there was "no probable cause" to believe that Plaintiff James Allen Yeltatzie had committed the alleged kidnapping and rape, which was the underlying basis for the original warrants. 15. Said conduct on the part of Defendants Johnson County Sheriff 's Department, Robert Dolezal, Iowa City Police Department and Veronica Wieland was maliciously contrived and was intended to injure Plaintiff James Allen Yeltatzie of his good name, and to bring him into public disgrace and scandal. 16. As a direct and proximate result of the actions by the Defendants described above, Plaintiff James Allen Yeltatzie suffered the following damages: a. embarrassment and humiliation; b. mental anguish; c. attorney fees in defending the criminal prosecution; d. harm to his future prospects of employment; e. harm to his character and reputation, including social and business standing; = i 'J 3 0.a :[ j I I G3.1 CG f. loss of consortium, companionship and society of his spouse to which he is entitled; and g. invasion of his privacy. 17 . Defendant ' s wrongful actions were with the malicious design and purpose of injuring Plaintiff James Allen Yeltatzie so that in addition to his actual damages, Plaintiff James Allen Yeltatzie is entitled to punitive and exemplary damages. 18 . By reason of the foregoing damages and injuries, Plaintiff James Allen Yeltatzie has sustained damages in excess of $5, 000. 00, exclusive of interest and costs. WHEREFORE, Plaintiff James Allen Yeltatzie demands judgment against the Defendants in a reasonable amount for actual, general and punitive damages, together with interest as provided by law, and the costs of this action. COUNT II (MALICIOUS PROSECUTION) Plaintiff Theresa E. Spangler repleads Paragraphs 1 through 14 of Count I above as though fully set out herein. 15. Said conduct on the part of Defendants Johnson County Sheriff ' s Department, Robert Dolezal , Iowa City Police Department and Veronica Wieland was maliciously contrived and was intended to injure Plaintiff Theresa E. Spangler of her good name, and to bring her into public disgrace and scanda t :� n110 vim `i!'-13-10 A) 10 J " I I 23J E5 6 . { 16. As a direct and proximate result of the actions by the Defendants described above, Plaintiff Theresa E. Spangler suffered the following damages: a. embarrassment and humiliation; b. mental anguish; c. attorney fees in defending the criminal prosecution; d. harm to her future prospects of employment; e. harm to her character and reputation, including social and business standing; f. loss of consortium, companionship and society of her spouse to which she is entitled; and g. invasion of her privacy. 17. Defendant's wrongful actions were with the malicious design and purpose of injuring Plaintiff Theresa E. Spangler so that in addition to her actual damages, Plaintiff Theresa E. Spangler is entitled to punitive and exemplary damages. 18. By reason of the foregoing damages and injuries, Plaintiff Theresa E. Spangler has sustained damages in excess of $5, 000. 00, exclusive of interest and costs. WHEREFORE, Plaintiff Theresa E. Spangler demands judgment against the Defendants in a reasonable amount for actual, general and punitive damages, together with interest as provided by law, and the costs of this action. ,,1 '}.11O VIA01 ,k113 : 1 WI 11 a33E6 7 COUNT III (ILLEGAL SEARCH AND SEIZURE) Plaintiff James Allen Yeltatzie repleads Paragraphs 1 through 15 of Count I above as though fully set out herein. 16. The underlying search warrants were obtained in violation of Chapter 808 of the Iowa Code for lack of probable cause. 17 . As a direct and proximate result of the actions by the Defendants described above, Plaintiff James Allen Yeltatzie suffered the following damages: a. embarrassment and humiliation; b. mental anguish; c. attorney fees in defending the criminal prosecution; d. harm to his future prospects of employment; e. harm to his character and reputation, including social and business standing; f. loss of consortium, companionship and society of his spouse to which he is entitled; and g. invasion of his privacy. 18 . Defendant ' s wrongful actions were with the malicious design and purpose of injuring Plaintiff James Allen Yeltatzie so that in addition to his actual damages, Plaintiff James Allen Yeltatzie is entitled to punitive and exemplary damages. ' ;':01 `r l 10 WA01 I t J]1O 1k1.13 O :01 :;V II 93.E C6 8 3 akj 19. By reason of the foregoing damages and injuries, Plaintiff James Allen Yeltatzie has sustained damages in excess of $5, 000. 00, exclusive of interest and costs. WHEREFORE, Plaintiff James Allen Yeltatzie demands judgment against the Defendants in a reasonable amount for actual, general and punitive damages, together with interest as provided by law, and the costs of this action. COUNT IV (ILLEGAL SEARCH AND SEIZURE) Plaintiff Theresa E. Spangler repleads Paragraphs 1 through 15 of Count I above as though fully set out herein. 16. The underlying search warrants were obtained in violation of Chapter 808 of the Iowa Code for lack of probable cause. 17. As a direct and proximate result of the actions by the Defendants described above, Plaintiff Theresa E. Spangler suffered the following damages: a. embarrassment and humiliation; b. mental anguish; c. attorney fees in defending the criminal prosecution; d. harm to her future prospects of employment; e. harm to her character and reputation, including social and business standing; t1M 0 I A!10 VMO! M310 ;\113 03 :011.- V 11 033 �6 9 n 9 i f. loss of consortium, companionship and society of her spouse to which she is entitled; and g. invasion of her privacy. 18 . Defendant' s wrongful actions were with the malicious design and purpose of injuring Plaintiff Theresa E. Spangler so that in addition to her actual damages, Plaintiff Theresa E. Spangler is entitled to punitive and exemplary damages. 19. By reason of the foregoing damages and injuries, Plaintiff Theresa E. Spangler has sustained damages in excess of $5, 000 . 00, exclusive of interest and costs. WHEREFORE, Plaintiff Theresa E. Spangler demands judgment against the Defendants in a reasonable amount for actual, general and punitive damages, together with interest as provided by law, and the costs of this action. COUNT V (DEFAMATION) Plaintiff James Allen Yeltatzie repleads Paragraphs 1 through 12 of Count I above as though fully set out herein. 13 . That sometime prior to the presentation of the original search warrants to a Judicial Officer for endorsement, Defendants Johnson County Sheriff ' s Department, Iowa City Police Department, Mid-Eastern Iowa Community Mental Health Center, Robert Dolezal and Veronica Wieland, in their respective official. , capacities, maliciously prepared and composed "Attachment A" of the original w.7 10 arm warrants, said writing of and concerning Plaintiff James Allen Yeltatzie by name. 14 . That said writing was defamatory and untrue. 15. That this defamatory portion of the search warrant was delivered by the Defendants to the Clerk of Court, where it was eventually filed and made available to the public. This writing prepared and subscribed to by the Defendants was intended to convey, and did convey to any reader, the impression that Plaintiff James Allen Yeltatzie kidnapped and raped a woman in rural Johnson County, Iowa. Any person to whom this defamatory writing was communicated understood the writing to have said meaning. That writing has exposed Plaintiff James Allen Yeltatzie to public contempt and ridicule, has deprived Plaintiff the benefits of his potential clients ' confidence, and such is libelous per se. 16 . This defamatory writing, communicated as described above, was calculated to cause great injury to Plaintiff ' s professional reputation, in that it was intended to cause Plaintiff to lose his professional standing and loss of employment and freedom. 17 . As a direct and proximate result of the making and publication of the untrue and libelous writing by the Defendants, Plaintiff James Allen Yeltatzie has suffered the following damages: a. embarrassment and humiliation; b. mental anguish; c. attorney fees in defending the criminal prosecution; I : CI , - u�) it3 11 11 :j d. harm to his future prospects of employment; e. harm to his character and reputation, including social and business standing; f. loss of consortium, companionship and society of his spouse to which he is entitled; and g. invasion of his privacy. 18. Defendants' wrongful actions were with the malicious design and purpose of injuring Plaintiff James Allen Yeltatzie so that in addition to his actual damages, Plaintiff James Allen Yeltatzie is entitled to punitive and exemplary damages. 19 . By reason of the foregoing damages and injuries, Plaintiff James Allen Yeltatzie has sustained damages in excess of $5, 000. 00, exclusive of interest and costs. WHEREFORE, Plaintiff James Allen Yeltatzie demands judgment against the Defendants in a reasonable amount for actual, general and punitive damages, together with interest as provided by law, and the costs of this action. COUNT VI (DEFAMATION) COMES NOW Plaintiff James Allen Yeltatzie, and hereby DISMISSES this Count, without prejudice. '. ,O1 'A 13 ViA01 12 COUNT VII (SECTION 1983) Plaintiff James Allen Yeltatzie repleads Paragraphs 1 through 15 of Count I above as though fully set out herein. 16. The above-described actions by Defendants Johnson County Sheriff 's Department, Robert Dolezal and the Iowa City Police Department were performed under color of state law. 17. Said actions deprived Plaintiff James Allen Yeltatzie of his rights secured by the United States Constitution and laws, including United States Code Title 42 , Section 1983 . 18. As a direct and proximate result of Defendants' conduct, Plaintiff James Allen Yeltatzie has suffered the following damages: a. embarrassment and humiliation; b. mental anguish; c. attorney fees in defending the criminal prosecution; d. harm to his future prospects of employment; e. harm to his character and reputation, including social and business standing; f. loss of consortium, companionship and society of his spouse to which he is entitled; and g. invasion of his privacy. 19. Defendant's wrongful actions were with the malicious design and purpose of injuring Plaintiff James Allen Yeltatzie so that in addition to his actual damages, Plaintiff James Allen 13 Yeltatzie is entitled to punitive and exemplary damages, and reasonable attorney fees in pursuing this action. 20. By reason of the foregoing damages and injuries, Plaintiff James Allen Yeltatzie has sustained damages in excess of $5, 000 . 00, exclusive of interest and costs. WHEREFORE, Plaintiff James Allen Yeltatzie demands judgment against the Defendants in a reasonable amount for actual, general and punitive damages, together with interest as provided by law, attorney fees, and the costs of this action. COUNT VIII (SECTION 1983) Plaintiff Theresa E. Spangler repleads Paragraphs 1 through 15 of Count I above as though fully set out herein. 16. The above-described actions by Defendants Johnson County Sheriff ' s Department, Robert Dolezal and the Iowa City Police Department were performed under color of state law. 17 . Said actions deprived Plaintiff Theresa E. Spangler of her rights secured by the United States Constitution and laws, including United States Code Title 42 , Section 1983 . 18 . As a direct and proximate result of Defendants ' conduct, Plaintiff Theresa E. Spangler has suffered the following damages: a. embarrassment and humiliation; b. mental anguish; c. attorney fees in defending the crimiiial prosecution; I 1033 C 14 d. harm to her future prospects of employment; e. harm to her character and reputation, including social and business standing; f. loss of consortium, companionship and society of her spouse to which she is entitled; and g. invasion of her privacy. 19 . Defendant 's wrongful actions were with the malicious design and purpose of injuring Plaintiff Theresa E. Spangler so that in addition to her actual damages, Plaintiff Theresa E. Spangler is entitled to punitive and exemplary damages, and reasonable attorney fees in pursuing this action. 20. By reason of the foregoing damages and injuries, Plaintiff Theresa E. Spangler has sustained damages in excess of $5, 000 . 00, exclusive of interest and costs. WHEREFORE, Plaintiff Theresa E. Spangler demands judgment against the Defendants in a reasonable amount for actual, general and punitive damages, together with interest as provided by law, attorney fees, and the costs of this action. c\,, John W.nd:r Atto ey a Law 610 edar 'treet Musc.tine, IA 52761 (319) '263 8525 � ,�3� i��t ATTORNEY FOR PLAINTIFFS �:i 14 0 03 .q1 .Li ,4 15 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY JAMES ALLEN YELTATZIE ) and THERESA E. SPANGLER, ) Civil No. 5y4,c1 Plaintiffs, ) v. ) JOHNSON COUNTY SHERIFF' S ) ul DEPARTMENT; IOWA CITY POLICE ) DEPARTMENT; MID-EASTERN IOWA ) COMMUNITY MENTAL HEALTH CENTER; ) ROBERT DOLEZAL, individually ) c)-<and in his capacity as a law ) w-gin o enforcement officer for the ) :(F_ I° ri - Johnson County Sheriff ' s ) , " Department; and VERONICA WIELAND, ) ORIGINAL NOTICE "' individually and in her capacity ) as a psychiatric nurse for ) the Mid-Eastern Iowa Community ) Mental Health Center, ) Defendants. ) TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that there is now on file in the office of the Clerk of the above Court, a Petition in the above-entitled action, a copy of which Petition is attached hereto. The Plaintiffs ' attorney is John Wunder whose address is 610 Cedar Street, Muscatine, Iowa 52761. You are further notified that unless, within 20 days after service of this Original Notice upon you, you serve, and within a reasonable time thereafter file a motion or answer in the Iowa District Court for Johnson County, at the Courthouse in Iowa City, Iowa, judgment by default will be rendered against you for the relief demanded in the Petition. ca/VAA4 it,/ifit�� 'jl s i r�-4c Crk of/the District Court ki Johnson County Courthouse Iowa City, Iowa 52240 NOTE: The attorney(s) who are expected to represent the Defendant(s) should be promptly advised by Defendant(s) of the service of this notice. e • IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY a Y V1 �::! 46) JAMES ALLEN YELTATZIE ) -�, and THERESA E. SPANGLER, ) ) Civil No. 5 6,13 Plaintiffs, ) v. ) JOHNSON COUNTY SHERIFF' S ) DEPARTMENT; IOWA CITY POLICE ) DEPARTMENT; MID-EASTERN IOWA ) COMMUNITY MENTAL HEALTH CENTER; ) ROBERT DOLEZAL, individually ) and in his capacity as a law ) enforcement officer for the ) Johnson County Sheriff ' s ) w Department; and VERONICA WIELAND, ) PETITION - m individually and in her capacity ) as a psychiatric nurse for ) the Mid-Eastern Iowa Community ) Mental Health Center, ) n Defendants. ' o COMES NOW Plaintiffs, and for their cause of action state the following: FACTS COMMON TO ALL COUNTS 1. That Plaintiffs James Allen Yeltatzie and Theresa E. Spangler are residents of Johnson County, Iowa, and at all times materials hereto were husband and wife. 2 . That Defendant Johnson County Sheriff 's Department is a law enforcement agency in and for Johnson County, Iowa, and as such is responsible and accountable for the actions and conduct of its employees in the performance of their duties. 3 . That Defendant Iowa City Police Department, Iowa City, Iowa, is a law enforcement agency in and for the municipality of Iowa City, Iowa, and as such is responsible and accountable for the actions and conduct of its employees in the performance of their duties. 4 . That Defendant Mid-Eastern Iowa Community Mental Health Center is a non-profit mental health organization, and as such is responsible and accountable for the actions and conduct of its employees in the performance of their duties. 5. That Defendant Robert Dolezal is a resident of Johnson County, Iowa, and at the time material hereto was acting in his capacity as a law enforcement officer for Defendant Johnson County Sheriff ' s Department. Judgment is sought against Defendant Dolezal in his individual capacity as well as his capacity as an employee of Defendant Johnson County Sheriff ' s Department. 6. Defendant Veronica Wieland is a resident of Johnson County, Iowa, and at the time material hereto was acting in her capacity as a psychiatric nurse for Defendant Mid-Eastern Iowa Community Mental Health Center. Judgment is sought against Defendant Wieland in her individual capacity as well as her capacity as an employee of Defendant Mid-Eastern Iowa Community Mental Health Center. C") rn COUNT I J~`+ -4 C) (MALICIOUS PROSECUTION) Plaintiff James Allen Yeltatzie repleads Paragraphs 1 through 6 above as though fully set out herein. 2 7 . That on February 10, 1991, a Ms. Julie Heim, a/k/a Julie Wilcox, reported to the Johnson County Sheriff ' s Department that she had just been kidnapped and raped by Plaintiff James Allen Yeltatzie. Ms. Heim was encouraged and accompanied by Defendant Veronica Wieland, who was acting as an employee of Defendant Mid- Eastern Iowa Community Mental Health Center at the time, to report this alleged crime. 8 . Ms. Heim was interviewed by Defendant Robert Dolezal, who was acting in his official capacity as a law enforcement officer for Defendant Johnson County Sheriff ' s Department. 9 . Defendants Veronica Wieland and Robert Dolezal knew, or should have known, that Ms. Heim' s report of criminal conduct on the part of Plaintiff James Allen Yeltatzie was false. 10. Defendants Johnson County Sheriff ' s Department, Robert Dolezal and Veronica Wieland enlisted the assistance of the Iowa City Police Department to further investigate Ms. Heim' s allegations. Notwithstanding evidence proving that Ms. Heim' s allegations were fictitious, Defendants obtained a search warrant from the Iowa District Court for Johnson County to search the residence and business offices of Plaintiff James Allen Yeltatzie for evidence of the fictitious kidnapping and rape. 11 . On February 13 , 1991, search warrants were executed at the residence of both Plaintiffs; the office of Plaintiff James 3 cs> rTh n , Allen Yeltatzie at University of Iowa Hospitals and Clinics, Iowa } City, Iowa, and his office located in Muscatine County, Iowa. ` 12 . No evidence of the alleged kidnapping or rape w.As discovered. However, other items of an alleged incriminatig nature were discovered. 13 . Based on law enforcement officers' observations of those items, a subsequent search warrant was requested and granted purportedly authorizing law enforcement officers of Defendants Johnson County Sheriff ' s Department and the Iowa City Police Department to seize those items. Both Plaintiffs were subsequently indicted for various criminal offenses by Johnson County Attorney' s Trial Information. That prosecution was entitled State v. Theresa E. Spangler and James Allen Yeltatzie, Criminal Nos. 26981 and 26984 . 14 . Plaintiffs, through their respective attorneys, filed Motions to Suppress the items seized by Defendants Johnson County Sheriff ' s Department and the Iowa City Police Department. After a contested hearing, the Honorable Judge Larry Conmey sustained the Motions to Suppress on September 12 , 1991, and ruled that all the items seized by the Defendants could not be used at trial. That action effectively terminated the criminal prosecution in favor of the Plaintiffs, resulting in the dismissal of the charges against both Plaintiffs. Judge Conmey held that the Defendants acted "with reckless disregard for the truth, " and further ruled that there was 4 C.0 4, i "no probable cause" to believe that Plaintiff James Allen Yeltatzie had committed the alleged kidnapping and rape, which was the underlying basis for the original warrants. 15. Said conduct on the part of Defendants Johnson County Sheriff ' s Department, Robert Dolezal, Iowa City Police Department and Veronica Wieland was maliciously contrived and was intended to injure Plaintiff James Allen Yeltatzie of his good name, and to bring him into public disgrace and scandal. 16. As a direct and proximate result of the actions by the Defendants described above, Plaintiff James Allen Yeltatzie suffered the following damages: a. embarrassment and humiliation; b. mental anguish; c. attorney fees in defending the criminal prosecution; d. harm to his future prospects of employment; e. harm to his character and reputation, including social and business standing; f. loss of consortium, companionship and society of his spouse to which he is entitled; and g. invasion of his privacy. 17 . Defendant's wrongful actions were with the malicious design and purpose of injuring Plaintiff James Allen Yeltatzie so that in addition to his actual damages, Plaintiff James Allen Yeltatzie is entitled to punitive and exemplary damages . 5 c) 18 . By reason of the foregoing damages and injuries, Plaintiff James Allen Yeltatzie has sustained damages in excess of $5, 000 . 00, exclusive of interest and costs. WHEREFORE, Plaintiff James Allen Yeltatzie demands judgment against the Defendants in a reasonable amount for actual, general and punitive damages, together with interest as provided by law, and the costs of this action. COUNT II (MALICIOUS PROSECUTION) Plaintiff Theresa E. Spangler repleads Paragraphs 1 through 14 of Count I above as though fully set out herein. 15 . Said conduct on the part of Defendants Johnson County Sheriff ' s Department, Robert Dolezal, Iowa City Police Department and Veronica Wieland was maliciously contrived and was intended to injure Plaintiff Theresa E. Spangler of her good name, and to bring her into public disgrace and scandal . 16. As a direct and proximate result of the actions by the Defendants described above, Plaintiff Theresa E. Spangler suffered the following damages: a. embarrassment and humiliation; b. mental anguish; c. attorney fees in defending the criminal prosecution; d. harm to her future prospects of employment; 6 -11 ""m rr� e. harm to her character and reputation, including social and business standing; f. loss of consortium, companionship and society of her spouse to which she is entitled; and g. invasion of her privacy. 17 . Defendant' s wrongful actions were with the malicious design and purpose of injuring Plaintiff Theresa E. Spangler so that in addition to her actual damages, Plaintiff Theresa E. Spangler is entitled to punitive and exemplary damages. 18 . By reason of the foregoing damages and injuries, Plaintiff Theresa E. Spangler has sustained damages in excess of $5, 000. 00, exclusive of interest and costs. WHEREFORE, Plaintiff Theresa E. Spangler demands judgment against the Defendants in a reasonable amount for actual, general and punitive damages, together with interest as provided by law, and the costs of this action. COUNT III (ILLEGAL SEARCH AND SEIZURE) Plaintiff James Allen Yeltatzie repleads Paragraphs 1 through 15 of Count I above as though fully set out herein. 16. The underlying search warrants were obtained in violation of Chapter 808 of the Iowa Code for lack of probable cause. 7 17 . As a direct and proximate result of the actions by the Defendants described above, Plaintiff James Allen Yeltatzie suffered the following damages: a. embarrassment and humiliation; b. mental anguish; c. attorney fees in defending the criminal prosecution; d. harm to his future prospects of employment; e. harm to his character and reputation, including social and business standing; f . loss of consortium, companionship and society of his spouse to which he is entitled; and g. invasion of his privacy. 18 . Defendant ' s wrongful actions were with the malicious design and purpose of injuring Plaintiff James Allen Yeltatzie so that in addition to his actual damages, Plaintiff James Allen Yeltatzie is entitled to punitive and exemplary damages. 19 . By reason of the foregoing damages and injuries, Plaintiff James Allen Yeltatzie has sustained damages in excess of $5, 000. 00, exclusive of interest and costs. WHEREFORE, Plaintiff James Allen Yeltatzie demands judgment against the Defendants in a reasonable amount for actual, general and punitive damages, together with interest as provided by law, and the costs of this action. v G3 `n 4 8 c):7 NJ COUNT IV (ILLEGAL SEARCH AND SEIZURE) Plaintiff Theresa E. Spangler repleads Paragraphs 1 through 15 of Count I above as though fully set out herein. 16. The underlying search warrants were obtained in violation of Chapter 808 of the Iowa Code for lack of probable cause. 17 . As a direct and proximate result of the actions by the Defendants described above, Plaintiff Theresa E. Spangler suffered the following damages: a. embarrassment and humiliation; b. mental anguish; c. attorney fees in defending the criminal prosecution; d. harm to her future prospects of employment; e. harm to her character and reputation, including social and business standing; f. loss of consortium, companionship and society of her spouse to which she is entitled; and g. invasion of her privacy. 18 . Defendant' s wrongful actions were with the malicious design and purpose of injuring Plaintiff Theresa E. Spangler so that in addition to her actual damages, Plaintiff Theresa E. Spangler is entitled to punitive and exemplary damages. zr) _ CD 770 na 9 f) CO -5) -*7 ri 19 . By reason of the foregoing damages and injurie:,s, Plaintiff Theresa E. Spangler has sustained damages in excess of $5, 000. 00, exclusive of interest and costs. WHEREFORE, Plaintiff Theresa E. Spangler demands judgment against the Defendants in a reasonable amount for actual, general and punitive damages, together with interest as provided by law, and the costs of this action. COUNT V (DEFAMATION) Plaintiff James Allen Yeltatzie repleads Paragraphs 1 through 12 of Count I above as though fully set out herein. 13 . That sometime prior to the presentation of the original search warrants to a Judicial Officer for endorsement, Defendants Johnson County Sheriff' s Department, Iowa City Police Department, Mid-Eastern Iowa Community Mental Health Center, Robert Dolezal and Veronica Wieland, in their respective official capacities, maliciously prepared and composed "Attachment A" of the original warrants, said writing of and concerning Plaintiff James Allen Yeltatzie by name. 14 . That said writing was defamatory and untrue. 15. That this defamatory portion of the search warrant was delivered by the Defendants to the Clerk of Court, where it was eventually filed and made available to the public. This writing prepared and subscribed to by the Defendants was intended to 10 convey, and did convey to any reader, the impression that Plaintiff James Allen Yeltatzie kidnapped and raped a woman in rural Johnson County, Iowa. Any person to whom this defamatory writing was communicated understood the writing to have said meaning. That writing has exposed Plaintiff James Allen Yeltatzie to public contempt and ridicule, has deprived Plaintiff the benefits of his potential clients' confidence, and such is libelous per se. 16. This defamatory writing, communicated as described above, was calculated to cause great injury to Plaintiff ' s professional reputation, in that it was intended to cause Plaintiff to lose his professional standing and loss of employment and freedom. 17 . As a direct and proximate result of the making and publication of the untrue and libelous writing by the Defendants, Plaintiff James Allen Yeltatzie has suffered the following damages: a. embarrassment and humiliation; b. mental anguish; c. attorney fees in defending the criminal prosecution; d. harm to his future prospects of employment; e. harm to his character and reputation, including social and business standing; f. loss of consortium, companionship and society of his spouse to which he is entitled; and g. invasion of his privacy. -11 C) a- cry ; . - Ic-) 11 •,� 18 . Defendants' wrongful actions were with the malicious design and purpose of injuring Plaintiff James Allen Yeltatzie so that in addition to his actual damages, Plaintiff James Allen Yeltatzie is entitled to punitive and exemplary damages. 19 . By reason of the foregoing damages and injuries, Plaintiff James Allen Yeltatzie has sustained damages in excess of $5, 000. 00, exclusive of interest and costs. WHEREFORE, Plaintiff James Allen Yeltatzie demands judgment against the Defendants in a reasonable amount for actual, general and punitive damages, together with interest as provided by law, and the costs of this action. COUNT VI (DEFAMATION) Plaintiff James Allen Yeltatzie repleads Paragraphs 1 through 12 of Count I above as though fully set out herein. 13 . That subsequent to the events outlined above, Defendants Mid-Eastern Iowa Community Mental Health Center and Veronica Wieland, in her capacity as an employee for Mid-Eastern Iowa Community Mental Health Center, maliciously prepared and composed a letter to the Iowa State Board of Medical Examiner dated March 9, 1992 , said writing of and concerning Plaintiff James Allen Yeltatzie by name. t_-) CD -11 w 14 . That said writing was defamatory and untrue. it !e....ms c3 12 15. That this defamatory letter as delivered by Defendants Mid-Eastern Iowa Community Mental Health Center and Veronica Wieland to Dennis Carr, Associate Director of the Iowa State Board of Medical Examiner, where it was eventually filed and possibly made available to the public. The writing prepared and subscribed to by the above-mentioned Defendants was intended to convey, and did convey to any reader, the impression that Plaintiff James Allen Yeltatzie was and is an untreated sexual offender. Any person to whom this defamatory writing was communicated understood the writing to have said meaning. That writing has exposed Plaintiff James Allen Yeltatzie to public contempt and ridicule, has deprived Plaintiff James Allen Yeltatzie the benefits of his potential clients ' confidence, and such is libelous per se. 16 . This defamatory writing, communicated as described above, was calculated to cause great injury to Plaintiff ' s professional reputation, in that it was intended to cause Plaintiff to lose his professional standing and loss of employment and freedom. 17 . As a direct and proximate result of the making and publication of the untrue and libelous writing by the Defendants, Plaintiff James Allen Yeltatzie has suffered the following damages: a. embarrassment and humiliation; b. mental anguish; c. attorney fees in defending the criminal prosecution; to d. harm to his future prospects of employment; -, 13 z<f" per.; r'' N e. harm to his character and reputation, including social and business standing; f. loss of consortium, companionship and society of his spouse to which he is entitled; and g. invasion of his privacy. 18 . Defendants' wrongful actions were with the malicious design and purpose of injuring Plaintiff James Allen Yeltatzie so that in addition to his actual damages, Plaintiff James Allen Yeltatzie is entitled to punitive and exemplary damages. 19 . By reason of the foregoing damages and injuries, Plaintiff James Allen Yeltatzie has sustained damages in excess of $5, 000. 00, exclusive of interest and costs. WHEREFORE, Plaintiff James Allen Yeltatzie demands judgment against the Defendants in a reasonable amount for actual, general and punitive damages, together with interest as provided by law, and the costs of this action. COUNT VII (SECTION 1983) Plaintiff James Allen Yeltatzie repleads Paragraphs 1 through 15 of Count I above as though fully set out herein. 16. The above-described actions by Defendants Johnson County Sheriff ' s Department, Robert Dolezal and the Iowa City Police Department were performed under color of state law. - r *d (`}:7;' ry N) 14 17. Said actions deprived Plaintiff James Allen Yeltatzie of his rights secured by the United States Constitution and laws, including United States Code Title 42, Section 1983 . 18. As a direct and proximate result of Defendants' conduct, Plaintiff James Allen Yeltatzie has suffered the following damages: a. embarrassment and humiliation; b. mental anguish; c. attorney fees in defending the criminal prosecution; d. harm to his future prospects of employment; e. harm to his character and reputation, including social and business standing; f. loss of consortium, companionship and society of his spouse to which he is entitled; and g. invasion of his privacy. 19. Defendant's wrongful actions were with the malicious design and purpose of injuring Plaintiff James Allen Yeltatzie so that in addition to his actual damages, Plaintiff James Allen Yeltatzie is entitled to punitive and exemplary damages, and reasonable attorney fees in pursuing this action. 20. By reason of the foregoing damages and injuries, Plaintiff James Allen Yeltatzie has sustained damages in exces0-;of $5, 000.00, exclusive of interest and costs. ;y WHEREFORE, Plaintiff James Allen Yeltatzie demands- judgclient against the Defendants in a reasonable amount for actual, :general i 1 15 and punitive damages, together with interest as provided by law, attorney fees, and the costs of this action. COUNT VIII (SECTION 1983) Plaintiff Theresa E. Spangler repleads Paragraphs 1 through 15 of Count I above as though fully set out herein. 16. The above-described actions by Defendants Johnson County Sheriff ' s Department, Robert Dolezal and the Iowa City Police Department were performed under color of state law. 17 . Said actions deprived Plaintiff Theresa E. Spangler of her rights secured by the United States Constitution and laws, including United States Code Title 42 , Section 1983 . 18 . As a direct and proximate result of Defendants ' conduct, Plaintiff Theresa E. Spangler has suffered the following damages: a. embarrassment and humiliation; b. mental anguish; c. attorney fees in defending the criminal prosecution; d. harm to her future prospects of employment; e. harm to her character and reputation, including social and business standing; f. loss of consortium, companionship and society of her spouse to which she is entitled; and 5 LJ rn CD ro g. invasion of her privacy. tom" -n CD__) 16 v 19 . Defendant' s wrongful actions were with the malicious design and purpose of injuring Plaintiff Theresa E. Spangler so that in addition to her actual damages, Plaintiff Theresa E. Spangler is entitled to punitive and exemplary damages, and reasonable attorney fees in pursuing this action. 20. By reason of the foregoing damages and injuries, Plaintiff Theresa E. Spangler has sustained damages in excess of $5, 000. 00, exclusive of interest and costs. WHEREFORE, Plaintiff Theresa E. Spangler demands judgment against the Defendants in a reasonable amount for actual, general and punitive damages, together with interest as provided by law, attorney fees, and the costs of this action. Joh, W der At orney at Law 6 0 Ceda Street M . catine, IA 52761 (3 • ) 26 . -8525 ATTORNEY FOR PLAINTIFFS u •. 171 C.7 F'7 " 17 END OF CASE FILE