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HomeMy WebLinkAbout2003 Lawsuits IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY JESSICA WALLACE, ) ) ) Equity No. FOck/ es (-/-c Plaintiff, ) p > • -0 1 v. ) C7 u' m a '� IOWA CITY HOUSING ) p AUTHORITY, CITY OF IOWA ) D i� cry CITY, STEVE RACKIS AND ) -- DALE E. HELLING, ) ) ACCEPTANCE OF SERVICE Respondents. ) STATE OF IOWA ) )ss: COUNTY OF ) I, /1 2t , k. rr hereby acknowledge that I have received an Original Notice, Petition for Writ of Certiorari, Order for Writ of Certiorari, and Writ of Certiorari in the above- entitled action, and I hereby accept service of the Original Notice, Petition for Writ of Certiorari, Order for Writ of Certiorari, and Writ of Certiorari all on this day of Samba-, 2003. c," ark , for the Iowa City Housing Authority Subscribed and sworn to under oath before me by said \N\c ; c.,., k \\cv , on this k�+' day of-14a.4-, 2003. -- � _ Not., Public in and for the State of Iowa �13 low : Com? (0 v,_ ma.c ) LSA Dy /kit ))u1e k '4 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY JESSICA WALLACE, ) ) ) Equity No. £6Z0VO4 N14 ee Plaintiff, ) ) v. ) ) IOWA CITY HOUSING ) AUTHORITY, CITY OF IOWA ) CITY, STEVE RACKIS AND ) DALE E. HELLING, ) ) ORIGINAL NOTICE Respondents. ) TO THE ABOVE-NAMED DEFENDANTS: You are notified that a petition has been filed in the office of the clerk of this court, naming you as the defendants in this action. A copy of the petition is attached to this notice. The attorney for plaintiff is Elizabeth A. Norris, whose address is Iowa Legal Aid, Iowa City Regional Office, 430 Iowa Avenue, Iowa City, Iowa 52240. The attorney's telephone number is 319-351-6570, and her fax number is 319-351-0079 You must serve upon plaintiff's attorney a motion or answer within 20 days after service of this original notice upon you, and, within a reasonable time thereafter, file your motion or answer with the Clerk of Court for Johnson County at the courthouse in Iowa City, Iowa. If you do not,judgment by default may be entered against you for the relief demanded in the petition. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at 319-398-3920 ext. 105. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942). LODEMA BERKLEY &Wir CLERK OF DPSTRI�RST Johnson County Courthouse Iowa City, IA 52240 IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY JESSICA WALLACE, ) ) ) Equity No. iGIGVOG'i 14(e, Plaintiff, ) v. ) IOWA CITY HOUSING ) - - ; AUTHORITY,CITY OF IOWA ) = CITY, STEVE RACKIS,AND ) DALE E. BELLING ) ) PETITION FOR WRIT OF CERTIORARI Respondents. ) COMES NOW Plaintiff;by and through her counsel, Elizabeth A.Norris of Iowa Legal Aid, and for her Petition for Writ of Certiorari states to the Court as follows: 1. Plaintiff Jessica Wallace("Wallace") is a resident of Iowa City, Johnson County, Iowa. 2. Iowa City Housing Authority("ICHA") is a department of the City of Iowa City. 3. Defendant Steve Rackis ("Rackis") is Administrator of the ICHA. Defendant Dale E. Helling("Helling") is Hearing Officer for ICHA. 4. Rackis and Helling are inferior officers exercising judicial functions within the meaning of Iowa R. Civ. P. 1.1401. City of Iowa City and ICHA are inferior tribunals or boards within the meaning of Iowa R. Civ.P. 1.1401. 5. Wallace is an applicant for a Section 8 Voucher in the Section 8 housing program administered by ICHA. At the time of her application for a Section 8 Voucher and currently, she 1 resides at Cedarwood Apartments in Iowa City, Iowa. 6. On July 1, 2003, Housing Program Assistant Stephanie Hubler, an employee of ICHA acting for and under the authority of Rackis, sent a notice to Wallace advising her that her application for a Section 8 Voucher was denied. The notice stated that Wallace's application was denied because she had been criminally charged with"Robbery in 2nd Degree."Wallace timely appealed this decision. A hearing on Wallace's appeal was held on July 29, 2003 at which Helling presided_ On August 11, 2003, Helling issued a decision upholding ICHA's decision to deny Wallace's application. 7. Wallace did not commit,nor has she been convicted of"Robbery in 2nd Degree." Specifically, she testified at the July 29,2003, hearing that she had not committed an assault. 8. Defendants have acted illegally in this matter because neither the ICHA nor Helling considered the effects of denial of assistance on Wallace's two minor children, and because Helling's August 11 decision is not supported by a preponderance of the evidence and thus violates federal regulations, and ICHA's rules. 9. Because of Wallace's limited finances, the denial of a housing subsidy will cause her and her two minor children great harm_ 10. The Defendants have made an error of law by finding that Wallace had committed violent criminal activity when she testified without contrary testimony that she had not committed an assault. 11. The Defendants have acted illegally in this matter because, after consideration of relevant factors and the evidence presented, the decision of the ICHA is not supported by substantial evidence of the record. WHEREFORE, Wallace respectfully requests that the Court: A. Issue a writ of certiorari commanding Defendants to certify to this Court the record of the relevant proceedings; B. Set this matter for hearing; C. Hold that Defendants' decision to deny Wallace's application for a Section 8 Voucher is illegal and unenforceable; D. Tax the costs of this action to Defendants; and E. Grant such other relief as may be just and equitable under the circumstances. Respectfully submitted, Arottg. ii, Elizabeth A.Norris AIN: 15766 Iowa Legal Aid, Iowa City Regional Office 430 Iowa Avenue, Iowa City, Iowa 52240 tel.: 319-351-6570 I fax: 319-351-0079 ATTORNEY FOR PLAINTIFF 3 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY JESSICA WALLACE, ) ) ) Equity No. jQGVOG '-/(-WI co Plaintiff, ) ) • v. ) ) :_ IOR'A CITY HOUSING ) AUTHORITY, CITY OF IOWA ) CITY, STEVE RACKIS AND ) DALE E. HELLING, ) ) ORDER FOR WRIT OF CERTIORARI Respondents. ) NOW on this /0 day of .` 1 O1 , 2003, this matter comes before the Court on Plaintiff's Petition for Writ of Certiorari. The Court finds that the Writ of Certiorari should issue. The Court, therefore, orders the Clerk to issue the Writ of Certiorari commanding Defendants to certify to this Court on or before the /9 day of 0G7-D6e ,.2003 the complete record of the proceedings complained of in the petition as well as any other records pertaining to the facts of the case now before this Court. — JUDGE SIXTH JUDICIAL DISTRICT OF IOWA IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY JESSICA WALLACE, ) Plaintiff, ) Equity No. f&e2VO4 L11 LI Ce. v. ) IOWA CITY HOUSING ) WRIT OF CERTIORARI AUTHORITY, CITY OF IOWA ) CITY, STEVE RACKIS, AND ) DALE E. HELLING, ) Respondents. ) TO: Defendants, Iowa City Housing Authority, City of Iowa City, Steve Rackis, Dale E. Helling: WHEREAS, in Plaintiff's petition, it has been made to appear to the Iowa District Court for Johnson County that you are proceeding illegally in denying Plaintiff's application for a Section 8 Voucher housing subsidy, you are therefore commanded to certify and return to this Court on or before the 1 p day of Qof-pher- , 2003, the complete record of the proceedings complained of in the petition as well as any other records pertaining to the fact of the case now before this Court, and to have then and there this writ. WITNESS my hand and the seal of this Court at Iowa City, Johnson County, State of Iowa this 10 day of Sept[mhrr, 2003. LODEMA BERKLEY Lodema Berkley, Clerk-� END OF CASE FILE JOHNSON COUNTY SHERIFF' S DEPARTMENT P.O. BOX 2540 IOWA CITY, IA 52244-2540 DATE : 08/28/03 ***** PROCESS SERVERS WORKSHEET ***** CP#: 000020035860 DOCKET: OOEQCV064118 AGENCY: 000020035860 PLTF: US BANK PROCESS TYPE: ORIGINAL NOTICE VS. PETITION DFND: BARTON,TAMMY R AOR: 0000956 SARCONE,JAMES V JR AOR PHONE : 5152437100 COURT OF ORIGIN: JOHNSON CO CP#/PARTY : 000020035860-02 DATE ASSIGNED: 08/28/03 SERVER: 00001 UNASSIGNED SERVER ENTRY SERVE BY: 00/00/00 DATE: g--(91_65 TIME: AM/PM HAZARDS : SERVICE TYPE: PARTY: IOWA CITY, CITY OF : 410 E WASHINGTON ST BY SERVIN nn C/0 CITY CLERK �A 1 ) K 'r Ke IOWA CITY IA RACE: HEIGHT: RACE: HEIGHT: WEIGHT: SEX: WEIGHT: SEX: HAIR: EYES : HAIR: DOB: 00/00/00 SSN: DOB: D=G cam-) 'D PHONE: SERVED AT: 1-71 -v G EMPLOYER: 7c na VEHICLE: YEAR: MAKE: MILEAGE SERV FEE: MODEL: LIC PLATE: STATE: MISC1 MISC2 DESCRIPTION: COMMENTS: C/O CITY CLERK # DATE TIME SERVR REASON 1 2 SIGNATURE DATE 3 TITLE 4 5 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY U.S. BANK,N.A., Successor by Merger to U.S. ) EQUITY NO. e%(l//\/O(,LI (1 Bank,N.A., ) ) Plaintiff ) ) ORIGINAL NOTICE v. ) TAMMY R. BARTON; STATE OF IOWA;CITY ) OF IOWA CITY,IOWA;CAPITAL ONE BANK; ) HUNUMANTHAPPA KRISHNAMURTHY, ) _ N G7 Defendant(s). ) O '� > F t.D TO THE ABOVE-NAMED DEFENDANTS: o 0 � �J o� You are notified that a petition has been filed in the office of the clerk of this courtnaming-yyou as the defendant(s)in this action. A copy of the petition,and any documents filed with it, is attached to this notice. The name and address of the Plaintiffs attorney is James V. Sarcone, Jr., Belin law Firm, The Financial Center, 666 Walnut Street Suite 2000, Des Moines, Iowa 50309-3989. The attorney's phone number is 515-283-4624; facsimile number 515-283-4653. You must serve a motion or answer within twenty(20) days after service of the Original Notice upon you. Within a reasonable time thereafter you must file your motion or answer with the Clerk of Court for Johnson County, at the County Courthouse in Iowa City, Iowa. If you do not,judgment by default may be rendered against you for the relief demanded in the Petition. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at 319-398-3920 ext. ZOO. (If you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942.) LODEMA BERKLEY CLERK OF E ABOVE COURT IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS 00 .. LW za rr Ge_. • IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY U.S.BANK,N.A.,Successor by Merger to U.S. ) EQUITY NO. tzzeiveme LI l I g Bank,N.A., ) ) Plaintiff ) ) PETITION(FOR MORTGAGE v. ) FORECLOSURE AND RECEIVER) TAMMY R.BARTON; STATE OF IOWA; CITY ) OF IOWA CITY,IOWA;CAPITAL ONE BANK; ) Cr-z, HUNUMANTHAPPA KRISHNAMURTHY, ) k ` .- Defendant(s). ) s2, cp d> v"� N COMES NOW the Plaintiff and for cause of action against the Defendants,the Plaintiff states: NOTICE THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND, THE SALE WILL BE DELAYED UNTIL TWELVE MONTHS (OR SIX MONTHS IF THE PETITION INCLUDES A WAIVER OF DEFICIENCY JUDGMENT)FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE-FAMILY OR TWO-FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. I. That Plaintiff is a foreign corporation; Defendants Tammy R. Barton and Hunumanthappa Krishnamurthy are natural person(s) last known to reside in Johnson County, Iowa; Defendant State of Iowa is one of the states of the United States of America;Defendant City of Iowa City,Iowa is a political • ` subdivision of the State of Iowa; Defendant Capital One Bank is a corporation doing business in the State of Iowa. 2. That on or about the 12th day of October, 1998, the Defendant, Tammy R. Barton made, executed and delivered to First National Bank Iowa one certain Promissory Note in writing bearing the date aforesaid in the principal sum of$110,500.00 bearing interest at the rate of 7.5 percent per annum after maturity,and Exhibit"A"hereto attached and by this reference incorporated herein and made a part hereof is a true and correct copy of said Promissory Note. 3. That at the time of the execution of said Promissory Note, Exhibit"A" aforesaid, and as a part of the same transaction for the purpose of securing said Note with interest thereon and other sums hereinafter mentioned, the said Defendant, Tammy R. Barton made, executed and delivered to First National Bank Iowa one certain Mortgage in writing,transferring and conveying unto First National Bank Iowa the following real estate situated in Johnson County, Iowa,to-wit: The West Half of Lot 3 in Block 35,in Iowa City, Iowa, according to the recorded plat thereof, subject to a sewer right of way through said f'•••3 premises as provided in the deed recorded in Book 80, Page 230 of the deed records of Johnson County, Iowa, and subject to easements and>0 restrictions of record and Exhibit"B"hereto attached and by this reference incorporated herein and made a part ft, is&true and correct copy of said Mortgage. /` 4. That on October 21, 1998, the said Mortgage was duly recorded in Book 2599, Page 113, of the records of the office of the Recorder of Johnson County,Iowa. 5. That said Mortgage, Exhibit"B" aforesaid, among other things expressly provides for the appointment of a Receiver upon the filing of Petition for Foreclosure or at any time thereafter. 5a. U.S. Bank,N.A.is successor by merger to First National Bank Iowa. 6. That the said Defendant,Tammy R. Barton,has defaulted in the monthly payment of interest and principal and has neglected and failed to pay the installments as provided in the written instrument aforesaid and is now in default of the said payments for several months last past, and the Plaintiff does now elect to and hereby does declare the whole of said Note and Mortgage due and payable forthwith. -2- • • • 7. That the balance due on said Note and Mortgage as of July 30, 2003, is $107,808.97, including principal and interest and advancements, after allowing due credit to the Defendants for all payments made. 8. That in the preparation of this Petition and cause of action for presentation to the Court, it was necessary for Plaintiff to employ an attorney to represent and serve it herein, and for this purpose Plaintiff has retained and employed Belin Lamson McCormick Zumbach Flynn, A Professional Corporation,Attorneys at Law of this Court. 9. That the Plaintiff is willing and now offers,upon payment of the amount due it as heretofore set forth, to cancel the Note declared on, discharge of record the Mortgage securing the same, and to do all things that equity and good conscience may require of it. 10. That the Plaintiff has been made to incur the expense in the sum of$255.00 for continuing the abstract of title to the mortgaged premises,which is the reasonable charge for same. 11. That the Defendants herein have or claim to have some lien upon or interest in the mortgaged premises, but the Plaintiff avers that whatever lien or interest they or any of them may have thereon or herein, the same is junior and inferior to the lien of Plaintiff's Mortgage, Exhibit"B" and the amounts hereinbefore set out. 12. That Plaintiff waives its rights to a deficiency judgment in this matter. 13. That a Notice of Right to Cure Default was mailed to the Defendant,Tammy R. Barton,more than 30 days prior to the filing of this foreclosure action/Petition and the defaults set out therein have not been cured. 14. State of Iowa is included as a Defendant herein because of a judgment rendered in its favor against Tammy Rae Barton in the amount of$500.00 on August 21,2002,in STIC134761 of the Johnson County,Iowa records. 15. City of Iowa City, Iowa is included as a Defendant herein because of a judgment render4 in O r7 its favor against Tammy Barton in the amount of$116.50 on January 24, 2003, in CIS( €rij17 4 the Johnson County,Iowa records. C7 ry m N -3- cn 16. Capital One Bank is included as a Defendant herein because of a judgment rendered in its favor against Tammy Barton in the amount of$2,491.58 on January 13, 2003, in SCSC056045 of the Johnson County,Iowa records. 17. Hunumanthappa Krishnamurthy is included as a Defendant herein because of a judgment rendered in its favor against Tammy Barton in the amount of $1,661.44 on March 17, 2003, in SCSC056430 of the Johnson County,Iowa records. WHEREFORE,Plaintiff prays: FIRST: That a Receiver be appointed by the Court to take immediate possession of the mortgaged premises hereinbefore described, with power and authority and the duty to keep, repair, maintain and insure the premises,buildings and other improvements thereon;to lease the same and collect the rents, issues and profits arising which may be had therefrom, and to retain and dispose of said rents and profits as said Mortgage provides and as the Court may hereafter determine and direct. SECOND: (a) That the Plaintiff have judgment in rem, against the mortgaged premises in the sum of$107,808.97 with interest at 7.5 percent from July 30,2003,and have such additional sum of sums as may hereafter be advanced for continuing the abstract of title or other purposes authorized by said Note and Mortgage and by Iowa law. (b)For reasonable attorney's fees upon the Note,interest and other sums advanced by the Plaintiff as set out above,and for the costs of this action. THIRD: That said judgment be declared to be a lien upon the mortgaged premises involved herein from and after the date of execution of said Mortgage, Exhibit"B",to-wit, October 12, 1998, and upon the rents,issues and profits arising and which may be had therefrom from and after the date of filing of this Petition, and that said lien be declared to be prior and paramount to the lien and interest of the Defendants upon and in the said property. FOURTH: That Plaintiff's Mortgage aforesaid, Exhibit"B", be foreclosed, and that a special execution issue for the sale for the mortgaged premises, or so much thereof as may be necessary to satisfy the said judgment with interest and costs. =2 C7 ?ft. Fri713 nc r>.) D crs -4- — • FIFTH: That in the event the property aforesaid does not sell for sufficient to satisfy the judgment herein, the net proceeds from the rents, issues and profits which may be had therefrom, from and after this date,be applied upon said judgment until the same is fully satisfied. SIXTH: That after the Sheriff's sale of the above described premises pursuant to a special execution issued herein, a Writ of Possession issue herein under seal of this Court directed to the Sheriff of Johnson County, Iowa, commanding him to put the Grantee under Sheriff's Deed in possession of the premises deeded to him, and to remove any Defendants, or persons claiming by, through or under any of them,or any person in possession thereof,out of such possession of said premises. SEVENTH: That Plaintiff have such other and further relief as the Court may find it to be entitled to in equity. BELIN LAMSON McCORMICK ZUMBACH FLYNN A Professional Corporation BY 1J4r. SARCONE,JR. Thecial Center 666 Walnut Street Suite 2000 Des Moines,IA 50309-3989 Telephone: 515-243-7100 PK 0004845 Q 0 0 Y' --�-� L.-3p rn -0 ,moi cn d:\f rstar\barton\pctset.doc -5- Loan #3321-364-2 " 'C 9i3s 000277940 0012136073 FIXED/ADJUSTABLE RATE NOTE 5850041386 (I Year Treasury Index -Rate Caps) THIS NOTE PROVIDES FOR A CHANGE IN MY FIXED INTEREST RATE TO AN ADJUSTABLE INVREST RATE. THIS NOTE LIMITS THE AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANJ AT AN(-ONE TIME AND THE MAXIMUM RATE I MUST PAY. Z n N OCTOBER 12, 1998 Iowa City [Date] [City] rl te) V 509 Church St 7 t`? Iowa City, IA 52245 1Z Ca't [Property Address) 1. BORROWER'S PROMISE TO PAY • f In return for a loan that I have received, I promise to pay U.S.$ 110,500.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is First National Bank Iowa I understand that the Lender may transfer this Note- The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 7.500 %. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B)of this Note. 3. PAYMENTS (A)Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly payments on the first day of each month beginning on DECEMBER 1 , 1998 I will make these payments every month until I have paid all of the principal and interest and any other charges described below-that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on NOVEMBER 1, 2028 _ , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." 1 will make my monthly payments at 204 E. Washington St., Iowa City, IA 52240 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S.$ 772.63 . This amount may change. (C)Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. ADJUSTABLEINTEREST RATE AND MONTHLY PAYMENTCHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of NOVEMBER 2003 , and the adjustable interest rate I will pay may change on that day every 12th month thereafter. The date MULTISTATE FIXED/ADJUSTABLE RATE NOTE-1 YEAR TREASURY INDEX-Single Family-Fannie Mae Uniform Instrument -843!9401 Form 3522 5/94 ARM3522 (10-18-94) VMP MORTGAGE FORMS-(800)521-7291 Distributed by FormAtion Technologies,Inc-180)937-3799 Page 1 of 4 X drib f on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change, is called a "Change Date." (B) The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index"is the weekly average yield on United States Treasury securities adjusted to a constant maturity of 1 year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding TWO AND 750/1000 percentage point(s)( 2.750 %)to the Current Index. The Note Holder then round the result of this addition to the nearest one-eighth of one percentage point (0.125%).Subject to the limits stated in Section 4(D)below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date-will not be greater than 9.500 % or less than 5.500 %. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by((more than two percentage points (2.0%) from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than 11.000 %. (E).Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of the change in my initial fixed interest rate to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change. The notice will include the amount of my monthly payment, any information required by law to be given me and also the telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When I make a prepayment, Lwill 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. If I make a partial prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment. However, any reduction due to my partial prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law,which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (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 from me that exceeded permitted limits will be refunded to me. The Note Holder may choose make lits refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund r prii Ipal, the reduction will be treated as a partial prepayment. . A. C n rn ter-- -843 moti ® Fliteiv 352394 AR11113522B 00-18-94t Page2ci4 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 10 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B)Default — c If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. U.�.T- 0 (C) Notice of Default -' y� If I am in default, the Note Holder may send me a written notice telling me that if I do not pay t aerdtteamovIriby a certain date, the Note Holder may require me to pay immediately the full amount of principal that beejjpai all the interest that I owe on that amount. That date must be at least 30 days after the date on which t ,,once is delivld or mailed to me. i` t`? (D) No Waiver By Note Holder Even if,at a time when I am in default, the Note Holder does not require me to pay immediately in full"as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law.Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the.promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10.WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment"means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor"means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11.UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions.In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: (A)UNTIL MY INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLEINTERESTRATEUNDER THE TERMS STATED IN SECTION 4 ABOVE, UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT IS DESCRIBED AS FOLLOWS: Form 3522 5/94 M-843(9406 - ARM3522C(1018-94) Page 3 of 4 Transfer of the Property or a Beneficial-Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may,at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration_ The notice shall provide a period of not -less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. 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. (B) WHEN MY INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLEINTEREST RATE UNDER THE TERMS STATED IN SECTION 4 ABOVE,UNIFORM COVENANTI7 OF THE SECURITY INSTRUMENT DESCRIBED IN SECTION 11(A) ABOVE SHALL THEN CEASE TO BE IN EFFECT,AND UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT SHALL INS"T"EAD BE DESCRIBED AS FOLLOWS: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may,at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes t0 be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S)AND SEAL(S) OF THE UNDERSIGNED_ (Seal) Tammy R altli‘ViBarton 461 . -Borrower ,f • ' 1 (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Qjign OrigJal Only] 7-71 c7:5 -< tv AGO o fl rn —o 1 {` Fo,e35224 ARM3522D (10-18-94) Ui Page 4 of 4 .� ALLONGE SELLER LOAN NUMBER: 5850041386 FHLMC LOAN NUMBER: 000277940 FHLMC POOL NUMBER: 0012136073 BORROWER: BARTON,TAMMY R. ORIGINAL DATE: October 12, 1998 ORIGINAL AMOUNT: $110,500.00 PAY TO THE ORDER OF without recourse FIRSTAR BANK,N.A. By: ./dif /lei Name: Alan Leimkuehler Title: Senior Vice President O o ma(") g: m -v N 0 D cn HCP Pool A017 Custodian Box## 2CU010 Servicing Box# 2A0166 • 009734 • A: • FILED NO. D►� .I�GE� 98 I CT 21 PK I2: 09 JOHNSON COUNTY RECORDER IOWA CITY,IOWA ba�,�6 50°O o__ This instrument prepared by: KAREN A DAEDLOW u01- 204 E WASHINGTON-STREET IOWA CITY, IA 52240 (319) 356-9029 I nc 0 [Space Above This Line For Recording Data] �} MORTGAGE N THIS IS A PURCHASE MONEY MORTGAGE THIS MORTGAGE("Security Instrument")is given on OCTOBER 12, 1998 . The mortgagor is Tammy R. Barton, A Single Person ("Borrower"). This Security Instrument is given to First National Bank Iowa which is organized and existing under the laws of UNITED STATES OF AMERICA , and whose address is 204 E. Washington St., Iowa City, IA 52240 ("Lender"). Borrower owes Lender the principal sum of ONE HUNDRED TEN THOUSAND FIVE HUNDRED AND NO/100 Dollars(U.S. $ 110,500.00 )- This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"),which provides for monthly payments, with the full debt, if not paid earlier, due and payable on NOVEMBER 1, 2028 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in JOHNSON County, Iowa: THE WEST HALF OF LOT THREE (3) IN BLOCK THIRTY-FIVE (35) IN IOWA CITY, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, SUBJECT TO A SEWER RIGHT OF WAY THROUGH SAID PREMISES AS PROVIDED IN THE DEED RECORDED IN BOOK 80, PAGE 230 OF THE DEED RECORDS OF JOHNSON COUNTY, IOWA, AND SUBJECT TO EASEMENTS AND 72ESTRICTION$ OF RECORD which has the address of 509 Church St, Iowa City [Set,Cit'), Iowa 52245 ("Property Address"); [Zip Code) 000113 IOWA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ( -6R(QA)pio5).ot VMP MORTGAGE FORMS-p19) -810o-(800)521-7291 Form 3016 9/90 1F4.11110(4/3/96) Distributed By FORMATION TECHNOLOGIES,INC.-(800)937-3799 // Amended 5/91 Page 1of6 Ckii L b1 1 8 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Sec"rity Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-unarm coants with limited variations by jurisdiction tgconstitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 7' , 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly p— wh�due';the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under t Mete. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, BorrotVcr slJ pay, Lender on the day monthly payments are due under the Note, until the Note is paid in full,a sum ("Ful or: l3 yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; *yearly b4sehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums (d) yearn' flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items."Lender may,at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C.Section 2601 et seq. ("RESPA"),unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing,however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing,and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency.Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21,Lender shall acquire or sell.the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first,to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4.Charges;Liens.Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2,or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien.Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. -6R(A)(9105)_01 Page 2 of 6 000114 Form 3016 9/90 1A3016(4/3/96) • 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the ProFc-rty insured against loss by fire,hazards included within the term "extended coverage" and any other hazards, including • floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance p o eeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid 170, Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender thaturamee carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the procto rel it or tore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-dayietiiod will begin-Vehen the notice is given. f s'j Unless Lender and Borrower otherwise agree in writing, any applicatrtrn of proceeds to princi -al\hall at Weal or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amot f the jyments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies atfd p�rocee resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums seined by Tis Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property;Borrower's Loan Application;Leaseholds. Borrower shall occupy,establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7.Protection of Lender's Rights in the Property.If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender Iapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in -6R(1A)(9105).01 Page 3 d 6 000115 Form 3016 9/90 ®ukru16 44/3/961 lieu of mortgage insurance_ Loss reserve option of Lender, if mortgage insurance coverage (in the amount and for the period .that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower .ball pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9.Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10.Condemnation.The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking,divided by(b) the fair inarkeV-,'alue of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of Clartial 'airing of the Property in which the fair market value of the Property immediately before the taking is less than th�i�untraf thus secured immediately before the taking, unless Borrower and Lender otherwise agree in writing ot�unjis aOlicable-law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whetlQ snot ;is sums are then due. \ -73, If the Property is abandoned by Borrower, or if,after notice by Lender to Borrower that the condemi j Was to Amake an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the d�(Ire none is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of tl�yr Properbnor to the sums secured by this Security Instrument, whether or not then due... tV Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11.Borrower Not Released;Forbearance By Lender Not a Waiver.Extension of the time for payment of modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability;Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other'Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13.Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any,such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14.Notices.Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15.Governing Law; SEVERABILITY.This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision.To this end the provisions of this Security Instrument and the Note are declared to be severable. 16.Borrower's Copy.Borrower shall be given one conformed copy of the Note and of this Security Instrument. CD-6R(IA)ealosl.or rage 4 a s • Form 3016 9/90 1A3016(4/3/96) 000116 • 17.Transfer of the Property or a Beneficial Interest in Borrower.If all or any part of the Property or any interest in it is ' sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. 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. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. tLpon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer")that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law.The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20.Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, o5elease of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to Q. thif affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apple pn�en e, or storage on the Property of small quantities of Hazardous Substances that are generally recognize-Q be I pr e to normal residential uses and to maintenance of the Property. - ,—, j Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsitiKai—other_tintiotThi any governmental or regulatory agency or private party involving the Property and any Hazardous Substa4 or l nvirohlintal Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental` rgulatary authority, that any removal or other remediation of any Hazardous Substance affecting the Property is nesary, liKrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Ps.) As used in this paragraph 20,"Hazardous Substances""are those substances defined as toxic or hazardous substances by ' Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,materials containing asbestos or formaldehyde, and radioactive materials. As.used in this paragraph 20, "Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise).The notice shall specify: (a) the default;(b) the action required to cure the default;(c) a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property.The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure.If the default is not cured on or before the date specified in the notice,Lender,at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorneys' fees and costs of title evidence. 22.Release.Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. -6R(IA)(9105).ot Page 5 of 6 Form 3016 9/90 to IA30,6 t./s/sst 000117 23.Waivers.Borrower relinquishes all right of dower and waives all right of homestead and distributive share in and to the Property. Borrower waives any right of exemption as to the Property. 24.Redemption Period.If the Property is less than 10 acres in size and Lender waives in any foreclosure proceeding any right to a deficiency judgment against Borrower, the period of redemption from judicial sale shall be reduced to 6 months. If the court fmds that the Property has been abandoned by Borrower and Lender waives any right to a deficiency judgment against Borrower, the period of redemption from judicial sale shall be reduced to 60 days.The provisions of this paragraph 24 shall be construed to conform to the provisions of Sections 628.26 and 628.27 of the Code of Iowa. 25.Riders to this Security Instrument.If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] a]Adjustable Rate Rider Condominium Rider 1-4 Family Rider Graduated Payment Rider Planned Unit Development Rider I Biweekly Paymep Rider I Balloon Rider I Rate Improvement Rider I I Secont5ome Rimer 0 V.A. Rider _ Other(s) [specify] vv F -n cj N ` N N BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. Witnesses: (Seal) Ta nyy R. B on -Borrower 2115 J Street, #1 Address Iowa City, IA 52240 (Seal) ' -B -Address (Seal) (Seal) -Borrower -Borrower . l -Address -Address STATE OF IOWA, County ss: JOHNSON On this 12TH day of OCTOBER, 1998, , before me, a Notary Public in the State of Iowa, personally appeared TAMMY R. BARTON, A SINGLE_PERSON , to me personally known to be the person(s)named in and who executed the foregoing instrument,and acknowledged THAT SHE executed the same AS THEIR voluntary act and deed. My Commission Expires: � ,., Notary Publi. .d for said Cou/ and State '" MARGARET J. DOERES RGE . M COk:idlSSl[MI EXPI ,4,, -2,3-20 -6R(IA)(911:6).01000118 co Page s of s Form 3016 9/90 1A3016(4/3/96) • FIXED/ADJUSTABLE RATE RIDER (1 Year Treasury Index - Rate Caps) Loan # 3321-364-2 THIS FIXED/ADJUSTABLE RATE RIDER is made this 12Tx day of OCTOBER , 1998 , and is incorporated into and shall be deemed to and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same' date given by the undersigned (the "Borrower") to secure Borrower's Fixed/Adjustable Rate Note (the "Note") to First National Bank Iowa (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 509 Church St Iowa City, IA 52245 [Property Address] THE NOTE PROVIDES FOR A CHANGE IN THE BORROWER'S FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE 'LIMITS THE AMOUNT THE BORROWER'S ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. , ADDITIONAL COVENANTS.In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial fixed interest rate of 7.soo %. The Note also provides for a change in the initial fixed rate to an adjustable interest rate, as follows: MULTISTATE FIXED/ADJUSTABLE RATE RIDER-1 YEAR TREASURY INDEX-Single Family-Fannie MatTniform L-; Instrument C) -843 (4O VMP MORTGAGE FORMS-(800)521-7291 3182`/94 (10 ARM3182 Distributed by John H.Harland Co.(800)937-3799 N R/19/97) Page 1 of 5 -Q i m -0 ii'I O.O.1 � CFI IV - 000119 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of NOVEMBER , 2003 , and the adjustable interest rate I will pay may change on that day every 12th month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change, is called a "Change Date." (B) The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index"is the weekly average yield on United States Treasury securities adjusted to a constant maturity of 1 year, as made available by the Federal Reserve Board. The most recent Index figure available 'as of the date 45 days before each Change Date is called the "Current Index." . If the Index is no longer available, the Note Holder will choose a new Index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Two AND 750/1000 percentage point(s) ( 2.750 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.5o0 % or less than x.500%. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than two percentage points (2.0%) from the rate of interest I have been paying for the preceding 12 months. My interest rate will never be greater than 11.000 %• • -843 (94061 Fot3182 5* ARM3182B (2/19/97) C Page 2 of 5 C7 0 ua ri m -� ►.Tl D cn 000120 (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of the change in my initial fixed interest rate to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change. The notice will include the amount of my monthly payment, any information required by law to be given me and also the telephone number of a person who will answer any question I may have regarding the notice. B.TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER 1. UNTIL BORROWER'S INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION A ABOVE,UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT SHALL BE IN EFFECT AS FOLLOWS: Transfer of the Property or a Beneficial Interest in Borrower.If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. 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. • �- ezDo®-843ARM316 C actA 31 0.06/94' 19 i R� �8� Page 3 of 5 c.1 N 000121 2. WHEN BORROWER'S INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION A ABOVE, UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT DESCRIBED IN SECTION BI ABOVE SHALL THEN CEASE TO BE IN EFFECT, AND THE PROVISIONS OF UNIFORM COVENANT 17 OF THE SECURITY INSTRUMENT SHALL BE AMENDED TO READ AS FOLLOWS: Transfer of the Property or a Beneficial Interest in Borrower.If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. . If Lender exercises the option to require immediate payment in full,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these ileums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without fi. er notice or demand on Borrower. ®®ARM3182D Forni 5/9-42FJ --1 R/19/97 T Page 4 of 5 N 000122 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Fixed/Adjustable Rate Rider. (Seal) (Seal) 2115 YJRS t r e e ton#1 -Borrower -Borrower Iowa City, IA 52240 • (Seal) (Seal) -Borrower -Borrower • a 0 0 C w C� ¢ -- -n J �T� N 42) CJ1 N -843 Form 3182 5/94 ARM3182E (2/19/97) Page 5d5 000123 END OF CASE FILE JOHNSON COUNTY SHERIFF'S DEPARTMENT P.O. BOX 2540 IOWA CITY, IA 52244-2540 Fir 171 -. DATE: 01/29/03 ***** PROCESS SERVERS WORKSHEET ** ** CP# : 000020030646 DOCKET: 00EQCV063539 " AGliNCY: 000020030646 PLTF: US BANK PROCESS TYPE: ORIGINAL NOTICE VS. lei I PETITION DFND: GARLAND—PATTERSON,LOIS A !CT," r7,7,4 AOR: 0003106 WALZ,MARK D AOR PHONE: 5152882500 COURT OF ORIGIN: JOHNSON CO CP#/PARTY : 000020030646-02 DATE ASSIGNED: 01/29/03 SERVER: 00001 UNASSIGNED SERVER ENTRY SERVE BY: 00/00/00 DATE: TIME: AM/PM HAZARDS : SERVICE TYPE: C i PARTY: IOWA CITY,CITY OF : 410 E WASHINGTON ST BY SERVING: IOWA CITY IA RACE: HEIGHT: RACE: HEIGHT: WEIGHT: SEX: WEIGHT: SEX: HAIR: EYES : HAIR: EYES : DOB: 00/00/00 SSN: DOB: PHONE: SERVED AT: EMPLOYER: VEHICLE: YEAR: MAKE: MILEAGE SERV FEE: MODEL: LIC PLATE: STATE: MISC1 MISC2 DESCRIPTION: COMMENTS : # DATE TIME SERVR REASON 1 2 SIGNATURE DATE 3 TITLE 4 5 r 711 ff: 1 I , •-.. IN THE IOWA DISTRICT OURT FOR JOHNSON COUNTY US BANK,N.A., ) EQUITY NO. -6ZU1/-&i 35 3� ) Plaintiff, ) ) vs. ) ) ORIGINAL NOTICE LOIS A. GARLAND-PATTERSON, SPOUSE ) OF LOIS A. GARLAND-PATTERSON, CITY ) OF IOWA CITY,IDYLLWILD HOMES, and ) PARTIES IN POSSESSION, ) ) Defendants. ) TO THE ABOVE-NAMED DEFENDANT: City of Iowa City You are notified there was on the Z( day of �G1n , 2003 filed in the office of the Clerk of the above-named Court, a Petition, copies of which are attached hereto. The Plaintiff's attorney is Mark D. Walz,whose address is The Highland Building, 4201 Westown Parkway, Suite 300, West Des Moines, Iowa 50266, Phone: (515)246-7898, Facsimile: (515)471-7898. You must, within 20 days after service of this Original Notice upon 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. If you do not,judgment by default may be rendered against you for the relief demanded in the petition. 414:1-er/k-e--iz) -f1 577658_1 If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at(319) 398-3920. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.) LODEMA BERKLEY Clerk of the a ve Court Johnson County Courthouse Iowa City, Iowa IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. v r) rr. 2 +- , IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY ' US BANK,N.A., ) EQUITY NO. g6l(NUG 3 S 3� A ) Plaintiff, ) ) vs. ) ) FORECLOSURE PETITION LOIS A. GARLAND-PATTERSON, SPOUSE ) OF LOIS A. GARLAND-PATTERSON, CITY ) OF IOWA CITY,IDYLLWILD HOMES, and ) PARTIES IN POSSESSION, ) Defendants. ) NOTICE THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND,THE SALE WILL BE DELAYED UNTIL SIX MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE-FAMILY OR TWO- FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. COMES NOW the Plaintiff, US Bank,N.A., and respectfully states to the Court the following as its cause of action against the Defendants: 1. The Plaintiff, US Bank,N.A., elects to foreclose without redemption pursuant to Iowa Code Section 654.20. The mortgaged property which is the subject of this action is not #916305 used for an agricultural purpose. The mortgaged property is a one-family or two-family dwelling. 2. The Plaintiff, US Bank,N.A., is a corporation duly authorized to transact business in the State of Iowa. 3. The Defendants, Lois A. Garland-Patterson and Spouse of Lois A. Garland- Patterson, (are/may be) a married couple and are not residents of Johnson County, Iowa. 4. The Defendant, City of Iowa City, is joined as a party to this action because it may claim some right,title or interest in the property which is the subject of this action including but not limited to by virtue of a Judgment in Case#CISC 062317 entered on July 6, 2001. The Defendant's rights to the property which is the subject of this action are junior to the Plaintiff. 5. The Defendant, Idyllwild Homes, is joined as a party to this action because it may claim some right,title or interest in the property which is the subject of this action including but not limited to by virtue of a Judgment in Case#SCSC 052678 entered on January 10, 2002. The Defendant's rights to the property which is the subject of this action are junior to the Plaintiff. 6. The Defendants, Parties in Possession, are made parties to this cause of action because they may claim some right,title or interest in the property which is the subject of this action due to the fact that the Plaintiff is credibly informed and believes that they may be tenants in possession of the property the subject of this cause of action. The Defendants' rights to the property which is the subject of this action are junior to the Plaintiff. 7. On or about July 1, 1998, the Defendant(s), Lois A. Garland-Patterson, executed O and delivered to First National Bank Iowa, one certain Promissory Note in the princim f C.) _ill 171 D ry One Hundred Sixty-nine Thousand Four Hundred Fifty-nine and 00/100 Dollars ($169,459.00). A copy of the Note is attached hereto as Exhibit"A"and by this reference incorporated herein. 8. To secure payment of the Note,the Defendant(s), Lois A. Garland-Patterson, executed and delivered to First National Bank Iowa one certain Mortgage dated July 1, 1998, which Mortgage was filed on July 2, 1998, in Book 2524, Page 181 of the Johnson County Recorder's Office, upon the following-described real estate,to-wit: 116 Pentire Circle,Idyllwild Condominiums,Iowa City, Iowa together with an undivided 1/104th interest in the common elements, according to the Declaration of Condominium thereof recorded in Book 1516, Page 68, Records Recorder of Johnson County,Iowa 9. A copy of the Mortgage together with the Recorder's Certificate thereon is attached hereto as Exhibit"B"and by this reference incorporated herein. 10. The Mortgage and Note provided that in case of default the holder may declare the entire principal and the interest accrued thereon due and payable and the Mortgage may be foreclosed. 11. The Defendant(s), Lois A. Garland-Patterson, (has/have) failed to pay the Note and interest thereon as provided by the terms of the Note. 12. By reason of the failure to pay the Note and interest,the Plaintiff has elected and does hereby elect in accordance with the terms and conditions of the Note and Mortgage to declare the whole of the Note due and payable forthwith and to exercise its right to enforce payment of the entire Note as provided by the Note and to foreclose the Mortgage given to secure the same. 0 n N ter= 3 Fri -0 71 53 v 13. The unpaid balance due on the Note after allowing all credits due to the Defendants is the sum of One Hundred Sixty Thousand One Hundred Forty-four and 63/100 Dollars ($160,144.63),which is the principal balance, plus interest calculated at the default rate of 7.125%per annum from August 1, 2002. Interest accrues on the said sum at the rate of$31.70 per day. 14. In order to commence this foreclosure proceeding the Plaintiff has expended title costs of$239.00,to all of which sums the Plaintiff is entitled to a judgment against the property with interest at the rate of 7.125%per annum, costs and accruing costs including but not limited to any and all advances made by the Plaintiff for taxes, insurance,property preservation and other costs between the time of the Foreclosure Decree and the time of Sheriff's Sale, including reasonable attorney's fees. 15. The Plaintiff is the owner and holder of the Note and Mortgage, due demand has been made for payment, and payment has been refused. O 'o f 16. Under the terms of the Mortgage a receiver may be appointed. J 17. The Plaintiff gave, by certified mail, a Notice of Right to Cure and more that. thirty(30) days have elapsed since the notice was given. A copy of said Notice is at idlied hereto r, as Exhibit"C" and incorporated herein by this reference. 18. The Plaintiff hereby waives their right to a deficiency judgment. 19. Under the terms of said Note and Mortgage,the Defendant(s), Lois A. Garland- Patterson, agreed to pay attorney's fees and all costs in connection with the proceeding to enforce or foreclose the Mortgage. Attached hereto as Exhibit"D"and incorporated herein by this reference is an Affidavit of Attorney's Fees as required by Iowa Code § 625.22 (2001). 4 p WHEREFORE, the Plaintiff, US Bank,N.A.,prays for judgment in rem against the real estate described above, for the sum of One Hundred Sixty Thousand One Hundred Forty-four and 63/100 Dollars ($160,144.63), which is the principal balance, plus interest thereon at the rate of 7.125%per annum from August 1, 2002, such amount equaling$31.70 per day,the costs of this action, including title costs of$239.00, reasonable attorney's fees and additional sums for continuing the abstract of title or other purposes authorized by said Note and Mortgage and by Iowa law and that said sums be declared a lien upon the premises above described from July 1, 1998, the date of the Plaintiffs Mortgage,prior and superior to any right,title, lien or interest of the Defendants or any of them therein; that the Plaintiff's Mortgage be foreclosed; that any right, title, lien or interest of the Defendants or any of them in said property be declared junior and inferior to the lien of Plaintiff's Mortgage; that a special execution issue for the sale of the mortgaged premises or so much thereof as may be necessary to satisfy the judgment including interest, costs, and accruing costs including but not limited to any and all advances made by the Plaintiff for taxes, insurance, property preservation and other costs between the time of the Foreclosure Decree and the time of Sheriff's Sale, and that from and after said sale under special execution, the right,title, lien or interest of the Defendants in and to the mortgaged premises be forever cut off, barred and foreclosed, and the purchaser at said sale take free and clear of any right, title, lien or interest of the Defendants or any of them. The Plaintiff further prays for a Writ of Possession to be issued under the seal of this r.� Court, directed to the Sheriff of Johnson County, Iowa, commanding him to put the ei rchaser at said sale under special execution or a successor in interest in the possession of the pfenhises; and `! - -• 5 n� , that a receiver be appointed to take charge of the mortgaged premises during the period of foreclosure for the purpose of preserving the mortgaged premises for the benefit of all concerned. The Plaintiff further prays for such other and further relief as the Court may deem just and equitable under the circumstances. ., . /77/,' ' / .' (.,___ z. / 1' Mark D. Walz (00886) DAVIS, BROWN, KOEHN; SHORS & ROBERTS, P.G. 1 The Highland Building 4201 Westown Parkway, Suite 300 West Des Moines, Iowa 50266 Telephone: (515)246-7898 Facsimile: (515) 471-7898 ATTORNEY FOR THE PLAINTIFF OF COUNSEL: DAVIS, BROWN, KOEHN, SHORS &ROBERTS, P.C. The Financial Center 666 Walnut Street, Suite 2500 --O w Des Moines, Iowa 50309-3993 T C =: 1 7 Telephone: (515) 288-2500 n-< �, =<ii, l S::,--...,- D N J 6 • Loan # 3331-414-3 US Bank#: 580040827 FHLMC#: 079612946 ADJUSTABLE RATE NOTE (3 Year Treasury Index-Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. JULY 1, 1998 Iowa City IOWA [Date] [City] [State] 116 Pentire Circle Iowa City, IA 52246 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S.$ 169,459.00 (this amount is called "principal"),plus interest, to the order of the Lender. The Lender is First National Bank Iowa I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 7.625 %. The interest rate I will pay will change in accordance with Section 4 of this Note: The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay.ib4th before,and after any default described in Section 7(B)of this Note. 0 c^ >—I i s - 3. PAYMENTS • N (A)Time and Place of Payments ___i(m I will payPrinci al and interest by making paments everymonth. -^� ( (1 i will make my monthly payments on the first day of each month beginning on AUGUST, 1998 I will make these payments every month until I have paid all of the principal and inters( and ariy:other charges described below that I may owe under this Note. My monthly payments will be applied to interest before princf . If, on. ,JULY 1, 2028 ,I still owe amounts under this Note, I will pay those amounts in full on that data,-which is called the "Maturity Date." I will make my monthly payments at 204 East Washington St, Iowa City, IA 52240 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S.$ 1199.42 .This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of JULY, 2001 , and on that day every 36th month thereafter. Each date on which my interest rate could change is called a "Change Date." MULTISTATE ADJUSTABLE RATE NOTE 3 YEAR ARM-Single Family-Fannie Mae/Freddie Mac Uniform Instrument Form 3504 7/88 462 VMP MORTGAGE FORMS-(313)293-8100-(800)521.7291 ® r•M3504/4-28-92 Distributed by FORMATION TECHNOLOGIES,INC.•(800)937.3799 , Page 1 of EXHIBIT 3 (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index"is the weekly average yield on United States Treasury securities adjusted to a constant maturity of 3 years, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding TWO AND 750/1000 percentage point(s) ( 2.750 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%).Subject to the limits stated in Section 4(D)below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.625 % or less than 5.625 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than two percentage points (2.0%) from the rate of interest I have been paying for the preceding 36 months. My interest rate will never be greater than 11.000 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a"prepayment." When I make a prepayment, I will tell the Note Holder in writing that I am doing so. I may make a full prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment. However, any reduction due to my partial prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law,which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,then: (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 from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces principal, the reduction will be treated as a partial prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A)Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 10 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. .- , FM3504B/4-18.92 Page 2 of 4 Fin 350411 -D rn (B) Default If Ido not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. (D) No Waiver by Note Holder Even if,at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10.WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment"means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor"means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11.UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may,at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if:(a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. _ ry OL> >E : 42) FM3504C/4-28.92 Page 3 014 n^` Tsai,37/88�; ! i 1 • "Ns D tv To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S)AND SEAL(S)OF THE UNDERSIGNED. (..M (.444 1-1--1 (Seal) (Seal) Lois A `Garland- PattOrson -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower [Sign Original Only] r � 0 C7.7, ^C� to w� l� iV • C®FM3504D/4-28-92 Page 4 of 4 Form 3504 7/88 r1.' � 160 29 Fl1: 4,7 OnSit_ I. r 1, r; C fc' I�r t-�3 1 7, This instrument prepared by: KAREN A DAEDLOW 204 E WASHINGTON-STREET IOWA CITY, IA 52240 (319) 356-9029 [Space Above This Line For Recording Data] MORTGAGE THIS IS A PURCHASE MONEY MORTGAGE • THIS MORTGAGE("Security Instrument") is given on JULY 1, 1998 . The mortgagor is Lois A Garland- Patterson, A Single Person ("Borrower"):This Security Instrument is given to First National Bank Iowa which is organized and existing under the laws of UNITED STATES OF AMERICA , and whose address is 204 East Washington St, Iowa City, IA 52240 ("Lender"). Borrower owes Lender the principal sum of ONE HUNDRED SIXTY-NINE THOUSAND FOUR HUNDRED FIFTY-NINE AND NO/100 Dollars (U.S. $ 169,459.00 )• This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"),which provides for monthly payments, with the full debt, if not paid earlier, due and payable on JULY 1, 2028 • This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in JOHNSON County, Iowa: 116 PENTIRE CIRCLE, IDYLLWILD CONDOMINIUMS, IOWA CITY, IOWA TOGETHER WITH AN UNDIVIDED 1/104TH INTEREST IN THE COMMON ELEMENTS, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF RECORDED IN BOOK 1516, PAGE 68, RECORDS RECORDER OF JOHNSON COUNTY, IOWA EXHIBIT 3 which has the address of 116 Pentire Circle, Iowa City Iowa 52246 ("Property Address"); [Zip Code] 000181 IOWA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ©®6R(IA)(9105).01 VMP MORTGAGE FORMS-(313)293-8100•(800)521.7291 Form 3016 9/90 IA3016(4/3/96) Distributed By FORMATION TECHNOLOGIES,INC.-(800)937.3799 Amended 5/91 Page 1 of 6 TOGETHER WITH all the iml aments now or hereafter erected on the prc y, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by,jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2.Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full,a sum ("Funds")for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C.Section 2601 et seq. ("RESPA"),unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing,and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency.Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If,under paragraph 21,Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first,to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Noe- 4.Charges;Liens.Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be patd'under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. - Borrower shall promptly discharge any lien which has priority over this Security Instrument unless.Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b)fiontests fn.jood faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. ©6R(IA)(9105).01 Page 2 o16 Form 3016 9/90 1A3016(4/3/96) 000182 5. Lazard or Property Insurar Borrower shall keep the improvements lir existing or hereafter erected on the Property insured against loss by fire,huLards included within the term "extended covoiage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy,Preservation, Maintenance and Protection of the Property;Borrower's Loan Application; Leaseholds. Borrower shall occupy,establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18,by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7.Protection of Lender's Rights in the Property.If Borrower fails to perform the covenants and ,agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Pio'perty (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in.court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender matake acrlign under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in -6R(IA)(9105).01 Page 3 of 6 Form 3016 9/90 1A3016(4/3/96) 0001 001 N n lieu of mortgage insurance. Loss rest option of Lender, if mortgage insurance co ge (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9.Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 5 10.Condemnation.The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if,after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11.Borrower Not Released;Forbearance By Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability;Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13.Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the-Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14.Notices.Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed-to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be giv Irby first glass mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any noti& provitdeti for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15.Governing Law; SEVERABILITY.This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16.Borrower's Copy.Borrower shall be given one conformed copy of the Note and of this Security Instrument. ��6R([A)(9105).01 Page 4 of 6 Form 3016 9/90 1A3016(4/3/96) 0184 17.Transfer of the Property or a neneficial Interest in Borrower.If all or any pan of the Property or any interest in it is suld or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. 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. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer")that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20.Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21.Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise).The notice shall specify: (a) the default;(b) the action required to cure the default;(c) a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property.The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure.If the default is not cured on or before the date specified in the notice, Lender,at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including] but notlimited to, reasonable attorneys' fees and costs of title evidence. 22.Release.Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument without charge to Borrower. Borrower shall ' _ -- S pay any recordation costs. -_ - 412)-(t.6R(IA)(9105.01 Page 5 of 6 Form 3016,9/90 1A3016(4/3/96) N 0001 SS -� 23.Waivers.Borrower relinquishes all right of dower and waives all right of homestead and distributive share in and to the Property. Borrower waives any right of exemption as to the Property. 24.Redemption Period.If the Property is less than 10 acres in size and Lender waives in any foreclosure proceeding any right to a deficiency judgment against Borrower, the period of redemption from judicial sale shall be reduced to 6 months. If the court finds that the Property has been abandoned by Borrower and Lender waives any right to a deficiency judgment against Borrower, the period of redemption from judicial sale shall be reduced to 60 days.The provisions of this paragraph 24 shall be construed to.conform to the provisions of Sections 628.26 and 628.27 of the Code of Iowa. 25.Riders to this Security Instrument.If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] Ca_]X Adjustable Rate Rider XX Condominium Rider 1-4 Family Rider Graduated Payment Rider Planned Unit Development Rider Biweekly Payment Rider Balloon Rider Rate Improvement Rider Second Home Rider V.A. Rider Other(s) [specify] . U n '3N 71 T 71 D BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: f l N '00 {. Ii /j f (Seal) Lois A Garland- Patterson -Borrower 714 Hawkeye Drive Address Iowa City,' IA 52246 (Seal) -Borrower -Address (Seal) (Seal) -Borrower -Borrower -Address -Address STATE OF IOWA, County ss: JOHNSON On this 1ST day of JULY, 1998 before me, a Notary Public in the State of Iowa, personally appeared LOIS A GARLAND—PATTERSON, A SINGLE PERSON to me personally known to be the persons)named in and who executed the foregoing instrument, and acknowledged THAT SHE executes the same AS HER voluntary act and deed. My Commission Expires: o u �,� FAYVIEN . RYSAN _1..L../. L _(" A— z ,+,q185866Notary ' lc in and for said County and State • .rat • My Commission Expires lc . Juiy 31,1999111 �®6R(IA)(9105).01 Page 6 of 6 00015 G Form 3016 9/90 1A3016(4/3/96) ADJUSTABLE RATE RIDER (3 Year Treasury Index - Rate Caps) Loan #3331-414-3 THIS ADJUSTABLE RATE RIDER is made this 1ST day of JULY , 1998 , and is incorporated into and shall be to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to First National Bank Iowa (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 116 Pentire Circle Iowa City, IA 52246 [Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS.In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A.INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 7.625 %. The Note provides for changes in the interest rate and the monthly payments, as follows: MULTISTATE ADJUSTABLE RATE RIDER-3 YEAR ARM-Single Family-Fannie Mae/Freddie Mac Uniform Instrument -862 (9606) VMP MORTGAGE FORMS-(800)521.7291 Form 3114 7/88 ®FM3114 Distributed by John H.Harland Co.(800)937-3799 (2/18/97) Page 1 oro 0 r � '�l ,-Cm _J _; 00018'7 • f 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of JULY 2001 , and on that day every 36th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of 3 years, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new Index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding TWO AND 750/1000 percentage point(s) ( 2.750 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.625 % or less than 5.625 %. Thereafter, my rate will never be increased or decreased on any single Change Date by more than two percentage points (2.0%) from the rate of interest I have been paying for the preceding 36 months. My interest rate will never be greater than 11.000 %. -862 (9606) Forpt 3114 7/88 ®FM3114B (2/18/97) Page 2 of 4 ; • .. 1 • N 000188 (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 17 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower.If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay C> -862 (9606) Form 3114 7/88 'FM3114C (2/18/97) Page 3 of 4 V 0 _: 0 1.0 0001_89 Co • all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. ' 1 'J 'ft4 4 . ' y, t_ S� '!l'9:-1? (Seal) Seal Lois A 'C;arland- Patterson -Borrower -Borrower 714 Hawkeye Drive ) Iowa City, IA 522461 (Seal) (Seal) -Borrower -Borrower (Sign Original Only) -862 (9606) Form 3114 7/88 ® FM3114D (2/18/97) Page 4 of 4 Q 1V t� C'7 t G.v _) ;� ------ F— yn ,, no co 000190 CONDOMINIUM RIDER Loan #3331-414-3 THIS CONDOMINIUM RIDER is made this 1ST day of JULY , 1998 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to First National Bank Iowa (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 116 Pentire Circle Iowa City, IA 52246 [Property Address] The Property includes a unit in, together with an undivided interest in the common elements of, a condominium project known as: [Name of Condominium Project] (the "Condominium Project"). If the owners association or other entity which acts for the Condominium Project (the "Owners Association") holds title to property for the benefit or use of its members or shareholders, the Property also includes Borrower's interest in the Owners Association and the uses, proceeds and benefits of Borrower's interest. CONDOMINIUM COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A.Condominium Obligations. Borrower shall perform all of Borrower's obligations under the Condominium Project's Constituent Documents. The "Constituent Documents" are the: (i) Declaration or any other document which creates the Condominium Project; (ii) by-laws; (iii) code of regulations; and (iv) other equivalent documents. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. MULTISTATE CONDOMINIUM RIDER-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT CD -8 (9606) VMP MORTGAGE FORMS-(800)521-7291 FORM 3140 9/90 FM3140 Distributed by John H.Harland Co.(800)937.3799 (2/19/97) Page 1of3 C- n w ►Lo V __r r r - r-1 000191 • B. Hazard Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy on the Condominium Project which is satisfactory to Lender and which provides insurance coverage in the amounts, for the periods, and against the hazards Lender requires, including fire and hazards included within the term "extended coverage," then: (i) Lender waives the provision in Uniform Covenant 2 for the monthly payment to Lender of the yearly premium installments for hazard insurance on the Property; and (ii) Borrower's obligation under Uniform Covenant 5 to maintain hazard insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. Borrower shall give Lender prompt notice of any lapse in required hazard insurance coverage. In the event of a distribution of hazard insurance proceeds in lieu of restoration or repair following a loss to the Property, whether to the unit or to common elements, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender for application to the sums secured by the Security Instrument, with any excess paid to Borrower. C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to ensure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of the Property, whether of the unit or of the common elements, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Uniform Covenant 10. E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of the Condominium Project, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the Constituent Documents if the provision is for the express benefit of Lender; (iii) termination of professional management and assumption of self-management of the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. CZ -8 (9606) FORM 3140 9/90 ® FM3140B (2/19/97) Page 2 of 3 (-) p' 0001.92 co F. Remedies. If Borrower does not pay condominium dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Condominium Rider. (Seal) (Seal) Lois A•Garland- Patterson -Borrower -Borrower 714 Hawkeye Drive Iowa City, IA 52246 (Seal) (Seal) -Borrower -Borrower -8 (9606) FORM 3140 9/90 O FM3140C (2/19/97) Page 3 o0 :5,-a w �--i co 000193 -- . -- ruc ♦.G::cnwala:.tl AL'1'1Vi'1'Y F'QR MONTH OF 10-02 PAGE 75,230 LOAN- 5850040927 DATE-10-08 USER-C2I2: ..XC501 VERS-021 TITLE=30 DAY DEMAND CKPRTRS ' lc FORM-LLO1 PRINTER..K86Y SECURITY-1 LINES-PEI-PAGE-66 CONDITIONS-0 US Bank Home Mortgage 4801 Frederica Street Owensboro KY 42301 October 07, 2002 Lois A Garland-Patters 2291 Pinnacle Court Erie PA 16506 Dear Mortgagor(s): RE: Loan No. 5850040827 This letter will serve as notice on your breach of your Mortgage encumbering the above referenced loan number. You are in breach of the Mortgage for your failure to pay the monthly installments due thereunder. In order to cure this breach of the mortgage, you must send certified funds in the amount of $ 2642.52 for payments and $ 57.25 for late charges, plus any additional payments that may come due within thirty (30) days from the date of this letter. You are hereby notified that we will be making periodic inspections of the property in accordance with the Mortgage or Deed of Trust to protect our investment. Foreclosure and public sale of the property in accordance with the applicable State Laws will follow if this account is not current within thirty (30) days. You have the right to reinstate the mortgage after acceleration pursuant to the terms of the Mortgage and you have the right to assert in any foreclosure action the non-existence of a default and any other defense you may have to acceleration and foreclosure. Unless you notify this office within thirty (30) days after receiving this notice that you dispute the validity of the debt or any portion thereof, this office will assume this debt is valid. We urge you to protect your investment by promptly bringing your account to a current status. Please govern yourselves accordingly. Loan Administration Collection Department 800-365-7900 We are attempting to collect a debt, any information obtained will be used for that purpose. XC501 0 O 1 L _c U 77 `; IT ;I r\_) CO EXHIBIT IC- • IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY US BANK,N.A., ) EQUITY NO. ) Plaintiff, ) ) vs. ) ) ATTORNEY'S FEE AFFIDAVIT LOIS A. GARLAND-PATTERSON, SPOUSE ) OF LOIS A. GARLAND-PATTERSON, CITY ) OF IOWA CITY, IDYLLWILD HOMES, and ) PARTIES IN POSSESSION, w n Defendants. ) c"';-< n -- r--, -, 7=-).= "J. �_J STATE OF IOWA ) `y r•, ) ss: c' COUNTY OF POLK ) I, Mark D. Walz, being first duly sworn on oath,hereby depose and state that I am a member of the firm of Davis,Brown, Koehn, Shors&Roberts, P.C., the attorneys for the Plaintiff in the above-entitled cause; that the Note and Mortgage sued upon herein are in my possession as attorney for the Plaintiff; that I have read the foregoing Petition and am familiar with the contents thereof, and the allegations contained therein are true as I verily believe. I further depose and state that I am a regularly practicing attorney in the Courts of the State of Iowa; that the attorney's fees prayed for herein are for services rendered and to be rendered by me as attorney for the Plaintiff in this action; that there has been no agreement, express or implied between me and any other person or persons except other practicing attorneys engaged with me in this action, for a division or sharing of the attorney's fees prayed for herein. EXHIBIT"D" 577658_1 . . .: ,/ ) tie_%'i x,11,1 ,, ,. ,- -,.. Mark D. Walz A� Subscribed and sworn to before me this 1 3 day of , 2003. Notary Public, State of Iowa • autDEBRA K. MAN5i�N O " SY COMMISSION NO. 71255u ' . MY COMMISSION EXPIRES low, 01-- 13-9q O n w `7 rn j ,�' +v as 2 END OF CASE FILE • JOHNSON COUNTY SHERIFF' S DEPARTMENT P.O. BOX 2540 IOWA CITY, IA 52244-2540 DATE: 05/23/03 ***** PROCESS SERVERS WORKSHEET ***** CP#: 000020033513 DOCKET: OOLACV063112 AGENCY: 000020033513 PLTF: SCHUMANN,ERIC PROCESS TYPE: ORIGINAL NOTICE VS. ORDER DFND: IOWA CITY, CITY OF MOTION PETITION AOR: 0008347 BISGARD,JACE T AOR PHONE: 3193659461 COURT OF ORIGIN: JOHNSON CO CP#/PARTY : 000020033513-01 DATE ASSIGNED: 05/23/03 SERVER: 00001 UNASSIGNED SERVER ENTRY SERVE BY: 00/00/00 DATE: ~373 TIME: ': /11'C IVI/PM HAZARDS : SERVICE TYPE: PARTY: IOWA CITY,CITY OF : C/O ERNIE LEHMAN, MAYOR BY SERVING: a/ ;CNY\ .401/(1 IOWA CITY IA 52240 i^ �- RACE: HEIGHT: RACE: VV HEIGHT: WEIGHT: SEX: WEIGHT: SEX: / HAIR: EYES : HAIR: EYES : DOB: 00/00/00 SSN: DOB: PHONE: SERVED AT: EMPLOYER: VEHICLE: YEAR: MAKE: MILEAGE SERV FEE: MODEL: - LIC PLATE: STATE: MISC1 MISC2 -71 DESCRIPTION: N COMMENTS : "� # DATE TIME SERVR REASON N) 1 2 SIGNATURE DATE 3 TITLE 4 5 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY WILLIAM D. AMOS and MAHNAZ ) BAROONI, ) ) Plaintiffs, ) Law No. LACV063112 ) vs. ) ) ERIC J. SCHUMANN, ) ORIGINAL NOTICE r Defendant and Third-Party ) Q Plaintiff, ) vs. ) ,_j • _ J CITY OF IOWA CITY ) Third-Party Defendant. ) TO THE ABOVE-NAMED DEFENDANT(S): You are hereby notified that on April 16, 2003, there was filed in the office of the clerk of this court a Cross-Petition, naming you as the defendant in this action. A copy of the Cross- Petition and Order granting the Cross-Petition is attached to this notice. The Third-Party Plaintiff's attorneys are John M. Bickel and Jace T. Bisgard for Shuttleworth & Ingersoll, P.L.C., whose address is 115 Third Street SE, P.O. Box 2107, Cedar Rapids, IA 52406-2107. The Third- Party Plaintiff's attorney's telephone and facsimile numbers are 319-365-9461 and 319-365- 8564 respectively. 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 with the Clerk of Court for Johnson County, at the courthouse in Iowa City, Iowa, judgment by default may be rendered against you for the relief demanded in the Petition. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call you district ADA coordinator at 515-684-6502 (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.) [ E tie '7‘ CLERK OF C URT Johnson County Courthouse Iowa City, Iowa 52240 IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. $G ruGe-2 • crom JOtLM.BICKEL • IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY William D. Amos and Mahnaz Barooni, ) ) Plaintiffs, ) ) No. LACV063112 vs. ) ) ORDER Eric J. Schumann, ) ) Defendant. ) On this 1 day of May, 2003, the Motion for Leave to Add Third Pitley<- --12 Defendants filed by Defendant was considered by the undersigned. Upon reviecathe --V file and being fully advised in the premises,the Court finds that said Motion appe.4.5 unresisted and should be granted for the reasons stated therein. IT IS THEREFORE ORDERED that the Motion for Leave to Add Third Party Defendants is GRANTED. Defendant is granted leave to add third party Defendants. It is further ordered that the proposed amendment shall stand as the file copy without the necessity of further filing. Clerk to notify. 71 ' 17-7'. --"" — - c J dge,Sixth Judicial District of Iowa - _ Date: 5 cn IVia iied r\> - 6• n j - 7 I ,. ?ei 2 Ter Nia,..rig OCUITit.IT JL..„ r IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY �Cf 6 WILLIAM D. AMOS and MAHNAZ /. BAROONI, ) �ti� o Plaintiffs, ) Law No. LACV063112 ) vs. ) MOTION FOR LEAVE TO ADD THIRD ) PARTY DEFENDANTS ERIC J. SCHUMANN, ) ) Defendant. ) Defendant, Eric J. Schumann, pursuant to Iowa Rule of Civil Procedure 1.246, moves the Court for leave to file a Cross-Petition against the City of Iowa City and the State of Iowa and in support thereof states: 1. Attached herewith and incorporated by reference is the proposed Cross- Petition stating the claim against the City of Iowa City. 2. The proposed Cross-Petition will not materially alter any of the issues presented in this case, but instead will allow all parties interested in this matter to be before the Court in one action. 3. Allowance of this Cross-Petition will not prejudice the parties in their preparation for trial on this matter or in any other way. 4. Defendant believes that the State of Iowa may have played a part in the design and construction of the tunnel and/or may have owned and controlled the property on which the tunnel is built. ti C7 5. The Defendant has given the State notice of claim as required by the Iowa Tort Claims act. When the State responds to this or time expires, Defendant will file a Cross Petition against it in a form similar to that attached which is asserted against the City of Iowa City. WHEREFORE, Defendant Eric Schumann prays that the Court grant leave to allow them to file the attached Cross-Petition against the City of Iowa City, to grant leave to add the City of Iowa City and the State of Iowa as Defendants in this case, and to file a Cross-Petition against the State of Iowa once the terms of the Torts Claim Act have been met which are conditions precedent to bringing suit against this proposed Defendant. 41110V OHN M. BICKEL LI0000430 JACE T. BISGARD LI0017805 for SHUTTLEWORTH & INGERSOLL, P.L.C. 115 Third Street, S.E. P.O. Box 2107 Cedar Rapids, IA 52406 PHONE: (319) 365-9461 FAX: (319) 365-8443 c.-) • jmb@shuttleworthlaw.com ATTORNEYS FOR DEFENDANT „> �, rs Copy to: Proof of Service The undersigned hereby certifies that J. Nicholas Russo a copy of this document was served upon counsel of record as provided by 615 Iowa State Bank Building Iowa R.C.P. 1.442(b) 102 South Clinton Street on: yfis IU 3 by U.S.Mail. Iowa City, IA 52240 Signed: kt. uvAOlGr�t.t., IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY WILLIAM D. AMOS and MAHNAZ ) BAROONI, ) ) Plaintiffs, ) Law No. LACV063112 ) vs. ) ) ERIC J. SCHUMANN, ) CROSS PE I I I ION ) Defendant and Third-Party ) Plaintiff, ) ) vs. ) ) CITY OF IOWA CITY, ) ) Third-Party Defendant. ) The Third-Party Plaintiff, Eric Schumann, for cause of action against the Third- Party Defendant, City of Iowa City, states the following: 1. On June 8, 2002, the Plaintiff William D. Amos and the Defendant, Eric J. Schumann, were involved in a bicycle accident at or near the north entrance of a tunnel located under the Iowa Avenue Bridge at the intersection of Riverside Drive and Iowa Avenue in Iowa City, Iowa. 2. On August 21, 2002 the Plaintiff filed a Petition against the Defendant, claiming that the Defendant was negligent and that his negligence was the proximate cause of the injuries sustained by the Plaintiff. 3. The City of Iowa City designed and constructed the tunnel in which the bicycle accident between the Plaintiff and the Defendant occurred. 4. The City of Iowa City was negligent in the design and construction of the tunnel. 5. This negligence by the City of Iowa City was a proximate cause of the injuries and damage that were sustained by the Plaintiff in this case. 6. If the Defendant, Eric J. Schumann, is found liable to the Plaintiff for damages, then he is entitled to indemnity and/or contribution from the City of Iowa City due to its negligence. WHEREFORE, the Third-Party Plaintiff, Eric Schumann, prays that if he is found liable to the Plaintiff for damages, that judgment be entered against the Third-Party Defendant for indemnity and/or contribution thereto, including contribution for interest and costs of this action. 41100,1. Z3OHN M. BICKEL LI0000430 JACE T. BISGARD LI0017805 for SHUTTLEWORTH & INGERSOLL, P.L.C. 115 Third Street, S.E. P.O. Box 2107 Cedar Rapids, IA 52406 PHONE: (319) 365-9461 0 FAX: (319) 365-8443 jmb@shuttleworthlaw.com ATTORNEYS FOR DEFENDANT _0 R\ L7 IV Copy to: J. Nicholas Russo Proof of Service The undersigned hereby certifies that 615 Iowa State Bank Building a copy of this document was served 102 South Clinton Street upon counsel of record as provided by Iowa City, IA 52240 Iowa R.C.P. 1.442(b) on: 051a3 by U.S. Mail. Signed: • r Q � • - —� N c • END OF CASE FILE JOHNSON COUNTY SHERIFF ' S DEPARTMENT P.O. BOX 2540 IOWA CITY, IA 52244-2540 DATE: 07/31/03 ***** PROCESS SERVERS WORKSHEET ***** CP# : 000020035183 DOCKET: OOLACV063112 AGENCY: 000020035183 PLTF: SCHUMANN, ERIC J PROCESS TYPE : ORIGINAL NOTICE VS . PETITION DFND: IOWA CITY, CITY OF DEMAND FOR JURY AOR: 0000349 RUSSO, J NICHOLAS AOR PHONE: 3193512650 COURT OF ORIGIN: JOHNSON CO CP#/PARTY : 000020035183-01 DATE ASSIGNED: 07/31/03 SERCVF2: 0 001 UNASSIGNED SERVEREENTRY SERVE BY: 00/00/00 DATE: - � � TIME: AM/PM HAZARDS : SERVICE TYPE : ".1 J' PARTY: IOWA CITY, CITY OF : 410 E WASHINGTON ST BY SERVING: ,nn ,t cn C/O CITY CLERK OR MAYOR Y' �� IOWA CITY IA RACE : HEIGHT: RACE : HEIGHT: WEIGHT: SEX: WEIGHT: SEX: I HAIR: EYES : HAIR: EYES : DOB : 00/00/00 SSN: DOB: PHONE: SERVED AT: : EMPLOYER: "C L% •U0--`)\k.,A1, �3� VEHICLE: YEAR: MAKE: MILEAGE L SERV FEE: MODEL: LIC PLATE: STATE: MISC1 MISC2 DESCRIPTION: COMMENTS : # DATE TIME SERVR REASON r••_ 1 C.J 2 S I GNATURE > c'-, E TITLE _fl 4 a7 D w ry 5 • IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY WILLIAM D. AMOS and ) MAHNAZ BAROONI, ) ) Plaintiffs, ) LAW NO. LACV063112 ) vs. ) ) ERIC J. SCHUMANN and CITY OF ) IOWA CITY, ) ) ORIGINAL NOTICE Defendants. ) ) ERIC J. SCHUMANN, ) ) Third-Party Plaintiff, ) O vs. ) CITY OF IOWA CITY, ) rn Third-Party Defendant. ) TO THE ABOVE-NAMED DEFENDANT(S): You are hereby notified that a petition has been filed in the office of the clerk of this court naming you as the defendant(s) in this action. A copy of the petition(and any documents filed with it) is attached to this notice. The name and address of the attorney for the plaintiff(s)is J. Nicholas Russo, 615 Iowa State Bank Building, Iowa City, Iowa 52240. The attorney phone number is (319)351-2650; facsimile number(319)351-1452. You must serve a motion or answer within 20 days after service of this original notice upon you. Within a reasonable time thereafter you must file your motion or answer with the Clerk of Court for Johnson County, at the courthouse in Iowa City, Iowa. If you do not,judgment by default may be rendered against you for the relief demanded in the petition. If you require the assistance of auxiliary aids or services to participate in court because of disability, immediately call your district ADA coordinator at(319)398-3920, Ext. 200. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.) (SEAL) LODEMA BERKLEY CLERK OF THE ABOVE COURT Johnson County Courtho se; Iowa City, IA 52244 i� —4b ber- IMPORTANT: YOU ARE ADVISED TO SEEK LEGAL ADVICE AT 0 CE TO ' " OTECT YO u' INTERESTS IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY WILLIAM D. AMOS and ) MAHNAZ BAROONI, ) D `�� --11 Plaintiffs, ) LAW NO. LACV06311 r — ;TI vs. ) ) D ERIC J. SCHUMANN and CITY OF ) IOWA CITY, ) ) AMENDED AND SUBSTITUTED Defendants. ) PETITION AT LAW ) ERIC J. SCHUMANN, ) Third-Party Plaintiff, ) vs. s� CITY OF IOWA CITY, ) r v Third-Party Defendant. ) �. COUNT I COMES NOW, William D. Amos and for his cause of action against Eric J. Schumann states: 1. That at all times material to the allegations made in this Petition, the Plaintiff was a resident of Johnson County, Iowa. 2. That at all times material to the allegations made in this Petition, Eric Schumann was a resident of Johnson County, Iowa. 3. That on June 8, 2002, the Plaintiff was riding his bicycle through a tunnel located at Riverside Drive and Iowa Avenue in Iowa City, Iowa when Eric Schumann • entered the tunnel from the opposite direction on his bicycle at a high rate of speed and struck the Plaintiff. 4. That at said time and place, Eric Schumann was negligent. 5. That the negligence of Eric Schumann was a proximate cause of the accident and the injuries and damages resulting therefrom to the Plaintiff. 6. That as a result of the negligence of Eric Schumann, the Plaintiff sustained injuries and damages, all of which will continue into the future. 7. The amount in controversy exceeds the jurisdictional amounts set forth in Rule 3 of the Iowa Rules of Appellate Procedure. WHEREFORE, the Plaintiff prays for judgment against Eric J. Schumann in an amount which will adequately compensate him for his damages together with interest and costs as provided by law. s> E m COUNT II 0 = =t C1 �r i COMES NOW, Mahnaz Barooni and for her cause of action against—lgic E5 Schumann states: D w N 1. That at all times material to the allegations made in this Petition, the Plaintiff was a resident of California and the lawful wife of William Amos. 2. That at all times material to the allegations made in this Petition, Eric Schumann was a resident of Johnson County, Iowa. 3. That on June 8, 2002, William Amos was riding his bicycle through a tunnel located at Riverside Drive and Iowa Avenue in Iowa City, Iowa when Eric Schumann entered the tunnel from the opposite direction on his bicycle at a high rate of speed and struck William Amos. 2 • 4. That at said time and place, Eric Schumann was negligent. 5. That the negligence of Eric Schumann was a proximate cause of the accident and the damages resulting therefrom to the Plaintiff. 6. That as a result of the negligence of Eric Schumann and the consequences flowing therefrom to William Amos, Mahnaz Barooni sustained damages. 7. The amount in controversy exceeds the jurisdictional amounts set forth in Rule 3 of the Iowa Rules of Appellate Procedure. WHEREFORE, Mahnaz Barooni prays for judgment against Eric J. Schumann in an amount which will adequately compensate her for her damages together with interest and costs as provided by law. COUNT III COMES NOW, William Amos and for his cause of action against the City of Iowa City states: I. That on June 8, 2002, William D. Amos was struck by a bicycle operated by Eric J. Schumann at or near the north entrance of a tunnel located under the Iowa Avenue Bridge at the intersection of Riverside Drive and Iowa Avenue in Iowa City, Iowa. 2. That the City of Iowa City designed and constructed the tunnel in which the bicycle accident between William Amos and Eric Schumann occurred. 3. The City of Iowa City was negligent in the design and construction of the tunnel. 4. That the negligence of the City of Iowa City was a proximate cause of the injuries and damages resulting therefrom to William Amos. 3 5. That as a result of the negligence of the City of Iowa City, William Amos sustained injuries and damages, all of which will continue into the future. 6. The amount in controversy exceeds the jurisdictional amounts set forth in Rule 3 of the Iowa Rules of Appellate Procedure. WHEREFORE, William Amos prays for judgment against the City of Iowa City in an amount which will adequately compensate him for his damages together with interest and costs as provided by law. ¢ COUNT IV 0 i COMES NOW, Mahnaz Barooni and for her cause of action against th og Q �x v Iowa City states: > Co.) 1. That on June 8, 2002, William D. Amos was struck by a bicycle operated by Eric J. Schumann at or near the north entrance of a tunnel located under the Iowa Avenue Bridge at the intersection of Riverside Drive and Iowa Avenue in Iowa City, Iowa. 2. That the City of Iowa City designed and constructed the tunnel in which the bicycle accident between William Amos and Eric Schumann occurred. 3. The City of Iowa City was negligent in the design and construction of the tunnel. 4. That the negligence of the City of Iowa City was a proximate cause of the injuries and damages resulting therefrom to William Amos. 5. That as a result of the negligence of the City of Iowa City and the consequences flowing therefrom to William Amos, Mahnaz Barooni sustained damages. 4 6. The amount in controversy exceeds the jurisdictional amounts set forth in Rule 3 of the Iowa Rules of Appellate Procedure. WHEREFORE, Mahnaz Barooni prays for judgment against the City of Iowa City in an amount which will adequately compensate her for her damages together with interest and costs as provided by law. WILLIAM D. AMOS and MAHNAZ BAROONI by: J CHOLAS RUSSO 000008047 615 Iowa State Bank Bldg. 102 S. Clinton Street Iowa City, IA 52240 Phone: (319)351-2650 ATTORNEY FOR PLAINTIFFS O > 1 - - �c; - rn 3 -- > w 5 • • IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY WILLIAM D. AMOS and ) MAHNAZ BAROONI, ) ) Plaintiffs, ) LAW NO. LACV063112 ) vs. ) ) ERIC J. SCHUMANN and CITY OF ) IOWA CITY, ) ) Defendants. ) ) DEMAND FOR JURY TRIAL ERIC J. SCHUMANN, ) o S Third-Party Plaintiff, ) o vs. ) CITY OF IOWA CITY, ) 5 o Third-Party Defendant. ) COME NOW, the Plaintiffs and demand a jury trial on all issues so triable in the above-captioned matter. WILLIAM D. AMOS and MAHNAZ BAROONI by: j/I�IICHOLAS RUSSO 000008047 615 Iowa State Bank Bldg. 102 S. Clinton Street Iowa City, IA 52240 Phone: (319)351-2650 ATTORNEY FOR PLAINTIFFS END OF CASE FILE JOHNSON COUNTY SHERIFF' S DEPARTMENT P.O. BOX 2540 IOWA CITY, IA 52244-2540 DATE: 11/04/03 ***** PROCESS SERVERS WORKSHEET ***** CP#: 000020037494 DOCKET: 00EQCV064296 AGENCY: 000020037494 PLTF: MORTGAGE ELECTRONIC REGIS PROCESS TYPE: ORIGINAL NOTICE VS . PETITION DFND: KNOPICK, JENNIFER J AOR: 0000560 ERICKSON,DAVID M AOR PHONE: 5152882500 COURT OF ORIGIN: JOHNSON CO CP#/PARTY : 000020037494-04 DATE ASSIGNED: 11/04/03 SERVER: 00001 UNASSIGNED SERVER ENTRY SERVE BY: 00/00/00 `\\ *-14—°cIME: DATE: J D 5'7AM/PM HAZARDS : I, SERVICE TYPE: Q. ' PARTY: IOWA CITY,CITY OF : 410 E WASHINGTON ST BY SERVING: AA C/O CITY CLERK (1‘.0(1 /CO if IOWA CITY IA 52240 RACE: HEIGHT: RACE: HEIGHT: WEIGHT: SEX: WEIGHT: SEX: HAIR: EYES : HAIR: EYES: DOB: 00/00/00 SSN: DOB: PHONE: SERVED AT: EMPLOYER: IA V7 (Atas ityfcm VEHICLE: YEAR: MAKE: MILEAGE SERV FEE: MODEL: LIC PLATE: STATE: MISC1 MISC2 DESCRIPTION: COMMENTS: # DATE TIME SERVR REASON 1 D0 D o 2 SIGNATURE � ITATE -o tTi 3 TITLE CA? L J 4 D cn 5 IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY MORTGAGE ELECTRONIC ) EQUITY NO. fd(GVOI�K Z.4 REGISTRATION SYSTEMS, INC., ) ) Plaintiff, ) ) vs. ) ORIGINAL NOTICE N c-D O L JENNIFER J. KNOPICK A/K/A JENNIFER _ KNOPICK, SPOUSE OF JENNIFER J. ) > ' —i 1 KNOPICK, JAMES KNOPICK, JANE ) KNOPICK, CITY OF IOWA CITY, and -a ; 1 PARTIES IN POSSESSION, w Defendants. > cn TO THE ABOVE-NAMED DEFENDANT: City of Iowa City You are notified there was on the ti day of Nov, , 2003 filed in the office of the Clerk of the above-named Court, a Petition, copies of which are attached hereto. The Plaintiff's attorney is David M. Erickson,whose address is The Financial Center, 666 Walnut Street, Suite 2500, Des Moines, Iowa 50309-3993, Phone: (515)288-2500, Facsimile: (515) 243-0654. You must,within 20 days after service of this Original Notice upon 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. If you do not,judgment by default may be rendered against you for the relief demanded in the petition. (2C CnL CL)g- 0,10 #577658 F;1 u_/LG-ems If you require the assistance of auxiliary aids or services to participate in court because of a disability,immediately call your district ADA coordinator at 319-398-3920. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.) LODEMA BERKLEY Clerk of the Bove Court Johnson County Courthouse Iowa City, Iowa IMPORTANT YOU ARE ADVISED TO SEEK LEGAL ADVICE AT ONCE TO PROTECT YOUR INTERESTS. y -v w 2 • • IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY _ d Q U MORTGAGE ELECTRONIC EQUITY NO. Z6, l/Oii�� REGISTRATION SYSTEMS, INC., ) Plaintiff, ) vs. ) FORECLOSURE PETITION› ) JENNIFER J. KNOPICK A/K/A JENNIFER ) KNOPICK, SPOUSE OF JENNIFER J. ) KNOPICK, JAMES KNOPICK, JANE ) .1 '7; KNOPICK, CITY OF IOWA CITY, and ) PARTIES IN POSSESSION, ) ==^ ) "72 Defendants. ) s NOTICE THE PLAINTIFF HAS ELECTED FORECLOSURE WITHOUT REDEMPTION. THIS MEANS THAT THE SALE OF THE MORTGAGED PROPERTY WILL OCCUR PROMPTLY AFTER ENTRY OF JUDGMENT UNLESS YOU FILE WITH THE COURT A WRITTEN DEMAND TO DELAY THE SALE. IF YOU FILE A WRITTEN DEMAND,THE SALE WILL BE DELAYED UNTIL SIX MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS YOUR RESIDENCE AND IS A ONE-FAMILY OR TWO-FAMILY DWELLING OR UNTIL TWO MONTHS FROM ENTRY OF JUDGMENT IF THE MORTGAGED PROPERTY IS NOT YOUR RESIDENCE OR IS YOUR RESIDENCE BUT NOT A ONE-FAMILY OR TWO- FAMILY DWELLING. YOU WILL HAVE NO RIGHT OF REDEMPTION AFTER THE SALE. THE PURCHASER AT THE SALE WILL BE ENTITLED TO IMMEDIATE POSSESSION OF THE MORTGAGED PROPERTY. YOU MAY PURCHASE AT THE SALE. COMES NOW the Plaintiff,Mortgage Electronic Registration Systems, Inc., and respectfully states to the Court the following as its cause of action against the Defendants: 1. The Plaintiff, Mortgage Electronic Registration Systems, Inc., elects to foreclose without redemption pursuant to Iowa Code Section 654.20. The mortgaged property which is the #997287 subject of this action is not used for an agricultural purpose. The mortgaged property is a one- family or two-family dwelling. 2. The Plaintiff, Mortgage Electronic Registration Systems, Inc., is a corporation duly authorized to transact business in the State of Iowa. 3. The Defendants, Jennifer J. Knopick a/k/a Jennifer Knopick and Spouse of Jennifer J. Knopick, may be a married couple and are residents of Johnson County, Iowa. 4. The Defendants, James Knopick and Jane Knopick, are a married couple and are residents of Johnson County, Iowa. 5. The Defendant, City of Iowa City, is joined as a party to this action because it may claim some right, title or interest in the property which is the subject of this action including but not limited to by virtue of Judgment ICNTIC 138846, entered October 15, 2003, in the records of the Johnson County Clerk of Court. The Defendant's rights to the property which is the subject of this action are junior to the Plaintiff. 6. The Defendants,Parties in Possession, are made parties to this cause of action because they may claim some right,title or interest in the property which is the subject of this action due to the fact that the Plaintiff is credibly informed and believes that they may be tenants in possession of the property the subject of this cause of action. The Defendants' rights to the property which is the subject of this action are junior to the Plaintiff. 7. On or about November 26, 2002,the Defendants, Jennifer Knopick,VVames Knopick and Jane Knopick, executed and delivered to Mortgage Electronic Registat#it m Systems, Inc. (MERS), one certain Promissory Note in the principal sum of One HudForty- Tl cn w 2 five Thousand Eight Hundred Four and no/100 Dollars ($145,804.00). A copy of the Note is attached hereto as Exhibit"A" and by this reference incorporated herein. 8. To secure payment of the Note, the Defendants, Jennifer Knopick, James Knopick and Jane Knopick, executed and delivered to Mortgage Electronic Registration Systems, Inc. (MERS)one certain Purchase Money Mortgage dated November 26, 2002,which Mortgage was filed on December 6, 2002, in Book 3435,page 272 of the Johnson County Rerder'sw Office, upon the following-described real estate, to-wit: -< ---��� -n Unit 4B, according to the zero lot line survey recorded in Book 37,page 311; rlat Records of Johnson County, Iowa, siad Unit 4B being the westerly portion of dt 4,North Ridge Part XX, Coralville, Iowa, according to the plat thereof recor c in Book 37,Page 50, Plat Records of Johnson County, Iowa. w 9. The Mortgage and Note is a Purchase Money Mortgage and provides that in case of default the holder may declare the entire principal and the interest accrued thereon due and payable and the Mortgage may be foreclosed. 10. The Defendants, Jennifer Knopick,James Knopick and Jane Knopick,have failed to pay the Note and interest thereon as provided by the terms of the Note. 11. By reason of the failure to pay the Note and interest, the Plaintiff has elected and does hereby elect in accordance with the terms and conditions of the Note and Mortgage to declare the whole of the Note due and payable forthwith and to exercise its right to enforce payment of the entire Note as provided by the Note and to foreclose the Mortgage given to secure the same. 12. The unpaid balance due on the Note after allowing all credits due to the Defendants is the sum of One Hundred Forty-four Thousand Two Hundred Eighty-four and 09/100 Dollars($144,284.09), which is the principal balance,plus interest calculated at the 3 default rate of 7.000%per annum from May 1, 2003. Interest accrues on the said sum at the rate of$27.67 per day. 13. In order to commence this foreclosure proceeding the Plaintiff has expended title costs of$221.00,to all of which sums the Plaintiff is entitled to a judgment against the property with interest at the rate of 7.000%per annum, costs and accruing costs including but not limited to any and all advances made by the Plaintiff for taxes, insurance,property preservation and other costs between the time of the Foreclosure Decree and the time of Sheriff's Sale, including reasonable attorney's fees. 14. The Plaintiff is the owner and holder of the Note and Mortgage, due demancdas O o been made for payment, and payment has been refused. C7 m 15. Under the terms of the Mortgage a receiver may be appointed. 77-1 0 E- hi -0 fl 1 16. The Plaintiff gave,by certified mail, a Notice of Right to Cure and r5tithaaz C) w thirty(30)days have elapsed since the notice was given. D w 17. The Plaintiff hereby waives their right to a deficiency judgment. 18. Under the terms of said Note and Mortgage, the Defendants,Jennifer Knopick, James Knopick and Jane Knopick, agreed to pay attorney's fees and all costs in connection with the proceeding to enforce or foreclose the Mortgage. Attached hereto as Exhibit"B" and incorporated herein by this reference is an Affidavit of Attorney's Fees as required by Iowa Code § 625.22 (2003). WHEREFORE, the Plaintiff, Mortgage Electronic Registration Systems, Inc.,prays for judgment in rem against the real estate described above, for the sum of One Hundred Forty-four Thousand Two Hundred Eighty-four and 09/100 Dollars ($144,284.09),which is the principal 4 balance,plus interest thereon at the rate of 7.000%per annum from May 1, 2003, such amount equaling$27.67 per day, the costs of this action, including title costs of$221.00,reasonable attorney's fees and additional sums for continuing the abstract of title or other purposes authorized by said Note and Mortgage and by Iowa law and that said sums be declared a lien upon the premises above described from November 26, 2002, the date of the Plaintiff's Mortgage,prior and superior to any right,title, lien or interest of the Defendants or any of them therein; that the Plaintiff's Mortgage be foreclosed; that any right,title, lien or interest of the Defendants or any of them in said property be declared junior and inferior to the lien of Plaintiff's Mortgage; that a special execution issue for the sale of the mortgaged premises or so much thereof as may be necessary to satisfy the judgment including interest, costs, and accruing costs including but not limited to any and all advances made by the Plaintiff for taxes, insurance, property preservation and other costs between the time of the Foreclosure Decree and the time of Sheriff's Sale, and that from and after said sale under special execution, the right, title, lien or y interest of the Defendants in and to the mortgaged premises be forever cut off,barr6iPand w 0 foreclosed, and the purchaser at said sale take free and clear of any right, title, lien*interest of __l `G� the Defendants or any of them. rn i-v The Plaintiff further prays for a Writ of Possession to be issued under the se-of this Court, directed to the Sheriff of Johnson County, Iowa, commanding him to put the purchaser at said sale under special execution or a successor in interest in the possession of the premises; and that a receiver be appointed to take charge of the mortgaged premises during the period of foreclosure for the purpose of preserving the mortgaged premises for the benefit of all concerned. 5 The Plaintiff further prays for such other and further relief as the Court may deem just and equitable under the circumstances. M. Erickson (PK001507) The Financial Center 666 Walnut Street, Suite 2500 Des Moines, Iowa 50309-3993 Telephone: (515) 288-2500 Facsimile: (515) 243-0654 ATTORNEY FOR THE PLAINTIFF OF COUNSEL: DAVIS, BROWN, KOEHN, SHORS & ROBERTS, P.C. The Financial Center 666 Walnut Street, Suite 2500 Des Moines, Iowa 50309-3993 Telephone: (515)288-2500 o O "J n n Dj �•? > C-n C.+3 6 11. ISWIEMIYuUYIUI IMINIIIOiIIUIM 110 6208771 6208771-3 NOTE FHA Case No. Multistate 161-1999632-703 November 26, 2002 [Datel 2220 Holiday Rd, Coralville, IA 52241 [Property Address] MIN 100026600062087718 I.PARTIES "Borrower"means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means Principal Residential Mortgage, Inc. and its successors and assigns. 2.BORROWER'S PROMISE TO PAY;INTEREST In return for a loan received from Lender,Borrower promises to pay the principal sum of One Hundred Forty Five Thousand Eight Hundred Four and 00/100 Dollars(U.S.$ 145,804.00 ).plus interest,to the order of Lender.Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender,at the rate of Seven and 000/1000 percent( 7.000 %)per year until the full amount of principal has been paid. 3.PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage,deed of trust or similar security instrument that is dated the same date as this Note and called the"Security Instrument."The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4.MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on January 1 , 2003 . Any principal and interest remaining on the first day of December 2022 ,will he due on that date,which is called the"Maturity Date." (B) Place Payment shall be made at Principal Residential Mortgage, Inc., 711 High Street, Des Moines, IA 50392 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will he in the amount of U.S.$ 1,130.42 .This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument, (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note.[Check applicable box] IGraduated Payment Allonge EGrowing Equity Allonge ❑Other[specify] 5.BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note,in whole or in part,without charge or penalty,on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. FHA Multistate Fired Rate Nate-10/9 �yy 41:1FID VMP 0 (02101OPTGAGE FORMS 18001521.72910C., 11101111111 Pa0a01825000940 imuais: fV D O C C) I r-- P ciat, 4 Cr, 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C)of this Note,by the end of fifteen calendar days after the payment is due,Lender may collect a late charge in the amount of Four and 000/1000 percent( 4.000 %)of the overdue amount of each payment. (II) Default If Borrower defaults by failing to pay in full any monthly payment,then Lender may,except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults.This Note docs not authorize acceleration when not permitted by HUD regulations.As used in this Note, "Secretary"means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full,as described above,Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law.Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7.WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment"means the right to require Lender to demand payment of amounts due. "Notice of dishonor"means the right to require Lender to give notice to other persons that amounts due have not been paid. S.GIVING OF NOTICES Unless applicable law requires a different method,any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B)or at a different address if Borrower is given a notice of that different address. 9.OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note,each person is fully and personally obligated to keep all of the promises made in this Note,including the promise to pay the full amount owed. Any person who is a guarantor,surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations,including the obligations of a guarantor,surety or endorser of this Note,is also obligated to keep all of the promises made in this Note.Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW,Borrower accepts and agrees to the terms d covenants contained in this Note. I n I r /' (Seal) h�"eir iolo ( (Seal) Jane Kno k -Borrower }rer Knoplck -Borrower It (Seal) (Seal) -Borrower Ja Knopick -Borrower (Seal) (Seal) -Borrower -Borrower P,Ay (Seal) Tiff Maw eor (Seal) -Bormwcr Ii 'TIOu1'R�G+C . ' - -Borrower PAINC`I+Atr tiu GSD t -1 R 102,01 Popo 7$,7 ry ® 1 O Jon K.BQ„ ter, 0 4i and chrel°P8493/42V Offipar D n o r—, Tl D cn • • • IY N1111III111111M1111111 111111llI'I'Ill 6208771-3 110 6206771 ADDENDUM TO NOTE (535.17 I.C.A. ) NOTICE IMPORTANT: READ BEFORE SIGNING: THE TERMS OF THIS AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THIS WRITTEN CONTRACT MAY BE LEGALLY ENFORCED. THE TERMS OF THIS AGREEMENT CAN BE CHANGED ONLY BY ANOTHER WRITTEN AGREEMENT. e'l° I% ' `I ,/ November 26, 2002 -nnifer s o•ic7:' Date -.i°_ November 26, 2002 Ja-s Knopick Date J.o X_'i` 1 V�Y November 26, 2002 Jane K1�pick Date 1V pfg1051 85000943 - C L' -r/ m —v D � IN THE IOWA DISTRICT COURT FOR JOHNSON COUNTY MORTGAGE ELECTRONIC ) EQUITY NO. REGISTRATION SYSTEMS, INC., ) ) Plaintiff, ) ) vs. ) ATTORNEY'S FEE AFFIDAVIT ) JENNIFER J. KNOPICK A/K/A JENNIFER ) KNOPICK, SPOUSE OF JENNIFER J. ) KNOPICK, JAMES KNOPICK, JANE ) KNOPICK, CITY OF IOWA CITY, and PARTIES IN POSSESSION, Defendants. =t C) • STATE OF IOWA ) ) ss: COUNTY OF POLK ) I, David M. Erickson, being first duly sworn on oath, hereby depose and state that I am a member of the firm of Davis, Brown, Koehn, Shors &Roberts, P.C., the attorneys for the Plaintiff in the above-entitled cause; that the Note and Mortgage sued upon herein are in my possession as attorney for the Plaintiff; that I have read the foregoing Petition and am familiar with the contents thereof, and the allegations contained therein are true as I verily believe. I further depose and state that I am a regularly practicing attorney in the Courts of the State of Iowa; that the attorney's fees prayed for herein are for services rendered and to be rendered by me as attorney for the Plaintiff in this action; that there has been no agreement, EXHIBIT " " #577658 express or implied between me and any other person or persons except other practicing attorneys engaged with me in this action, for a division or sharing of the attorney's fees prayed '•r herein. 01 1 id Davi . Erickson Subscribed and sworn to before me this day of ©C( . ,2003. (),_,L.LA..42)...A.A-L,2L PC(\A Notary Public, State of Iowa �J ' ep" '�� AMANDA P•.4. C'i"' commissioN NC. • MY COM (SSIONE;..=.. S SOW . I Cit- ` - CT(J•�� f _ N o o a CJ til C) n :fir 9 f m 2 END OF CASE FILE JOHNSON COUNTY SHERIFF' S DEPARTMENT P.O. BOX 2540 IOWA CITY, IA 52244-2540 DATE: 03/21/03 ***** PROCESS SERVERS WORKSHEET ***** CP# : 000020031887 DOCKET: 000000056470 AGENCY: 000020031887 PLTF: MERCHANT,MARY PROCESS TYPE: SMALL CLAIMS VS. DFND: WHITE,LARRY DANIEL AOR: 0007700 REASNER,AMY L AOR PHONE: 3193659101 COURT OF ORIGIN: JOHNSON CO CP#/PARTY : 000020031887-01 DATE ASSIGNED: 03/21/03 SERVER: 00001 UNASSIGNED SERVER ENTRY SERVE BY: 00/00/00 DATE: TIME: AM/PM HAZARDS : SERVICE TYPE: PARTY: IOWA CITY, CITY OF : 410 E WASHINGTON ST BY SERVING: IOWA CITY IA RACE: HEIGHT: RACE: HEIGHT: WEIGHT: SEX: WEIGHT: SEX: HAIR: EYES: HAIR: EYES: DOB: 00/00/00 SSN: DOB: PHONE: SERVED AT: EMPLOYER: VEHICLE: YEAR: MAKE: MILEAGE SERV FEE: MODEL: LIC PLATE: STATE: MISC1 MISC2 DESCRIPTION: COMMENTS : C/O CITY CLERK # DATE TIME SERVR REASON 1 2 SIGNATURE G - DATE (7) 3 - TITLE _ N 4 • j `7 _%! C.) 1 .If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your ADA coordinator at 319-398-3920 ext. 200. It you are hearing impaired,call Relay Iowa TTY at 1-800-735-2942. ORIGINAL NOTICE-SMALL CLAIMS s C.213 I.i�2ebsedw .Aily I,t9p9rt(1 xotM BERs.DES MOINES C- 091-L A3804 ` - ACTION FOR MONEY JUDGMENT • IN THE IOWA DISTRICT COURT , ; u,lsir T t•7 .T IN AND FOR JOHNSON COUNTY, IOWA, rr'iv• • •` ` (Small Claims Division) ORIGINAL NOTICE �; Small Claim No. ( C�' (1)Mary Merchant (1)Larry Daniel White Plaintiff Defendant 526 2"d Ave. SE, PO Box 2457 80 Hawthorne Place Address of Plaintiff Address of Defendant Cedar Rapids, IA 52406-2457 North Liberty,IA 52317 (2) (2)City of Iowa City _Q - Plaintiff Defendant - Registered Agent: City Clerk 410 E. Vaihingteri St. Address of Plaintiff Address of Defendant • Iowa City,IA 52245 TO THE ABOVE NAMED DEFENDANT(S): - __ r. YOU ARE HEREBY NOTIFIED that the plaintiff(s)demand(s) from you the amount of$5,000.00-jius coulrt)cost based on(State briefly the basis for the demand). Motor vehicle accident that occurred on December 26, 2002, at the intersection of Muscatine and Wade in Iowa City,Johnson County,Iowa a due to the negligent operation by Larry White of the City of Iowa City's vehicle. City of Iowa City is liable for the damages caused by Larry White pursuant to Iowa Code Section 321.493. As a proximate cause of Defendants'negligence,Plaintiff sustained property damage. UNLESS YOU APPEAR by completing and filing the attached appearance and answer form with the clerk of the court at the Johnson County Courthouse, in Iowa City,Iowa 52244,within 20 days after service of this original notice upon you,judgment shall be rendered against you upon plaintiffs claim together with interest and court costs. IF YOU DENY THE CLAIM AND APPEAR by filing the attached appearance and answer within 20 days after service of this original notice upon you,you will then receive notification fro , - lerk's office of the place and time assigned for hearing. Or ,iff Plaintiffs Signature Attorney o •laintiff(s) Signature Lynch Dallas,P.C. Amy L.Reasner 526 21'd Ave. SE, PO Box 2457 Plaintiffs Signature Cedar Rapids,IA 52406-2457 Phone: 319-365-9101 JUDGMENT ENTRY IT IS HEREBY ORDERED THAT JUDGMENT BE ENTERED AGAINST THE Defendant(s) Plaintiff(s) In the amount of$ with interest at the rate of %from the day of , And Attorney Fees in the amount of$ plus court costs in the amount of$ • IT IS FURTHER ORDERED that the foregoing judgment be paid at the rate of$ per (mc NOTICE OF APPEAL Given this day of , Bond on Appeal $ . (Magistrate) (County) APPEARANCE AND ANSWER OF DEFENDANT IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY, IOWA Plaintiff(s) (Name) ) (Address) ) (Name) ) Appearance and Answer (Address) ) of Defendant ) VS. } SCSCO Defendant(s) ) Date Filed (Name) ) : _ N -- (Address) ) _ -17 (Name) (Name) ) r� (Address) ) W Daytime Phone Number: I HEREBY enter my appearance and deny the claim of plaintiff(s). Defendant By Attorney for Defendant 19. AL 1114 Johnson County Clerk of District Court .4 a k, PO Box 2510 Lodema Berkley, Clerk of Court Iowa City; Iowa -52244-2510 319-356-6060 Barb Bigelow, Supervisor IF YOU WISH TO HAVE A HEARING BEFORE A MAGISTRATE ON THIS SMALL CLAIM TO ARGUE YOUR CASE , THEN FILL OUT THE ATTACHED APPEARANCE AND ANSWER OF DEFENDANT FORM AND RETURN IT TO OUR OFFICE WITHIN THE AMOUNT OF TIME INDICATED ON THE ATTACHED ORIGINAL NOTICE . OUR OFFICE IS LOCATED AT 417 SOUTH CLINTON STREET IN IOWA CITY , IOWA . IF YOU WISH TO MAIL YOUR APPEARANCE AND ANSWER FORM TO OUR OFFICE SO THAT WE RECE-1VE IT WITHIN THE TIME INDICATED ON THE ORIGINAL NOTICE , OUR MAILING ADDRESS•=3S :7-= SMALL CLAIMS CLERK P . O . BOX 2510 0� —' IOWA CITY IOWA 52244 -2510 •• IF YOU WISH TO SETTLE THIS SMALL CLAIM , PLEASE CONTACT THE PLAINTIFF , OR THEIR ATTORNEY , AS SOON AS POSSIBLE SO THAT A SETTLEMENT CAN BE REACHED BEFORE THE TIME INDICATED ON THE ORIGINAL NOTICE AND THAT THE PLAINTIFF WILL FILE A DISMISSAL SHOWING THAT SETTLEMENT HAS BEEN REACHED . IF YOU HAVE ANY QUESTIONS PLEASE CALL OUR OFFICE AT : (319) 356-6060 Extension 1 THEN 5 BETWEEN THE HOURS OF 8AM AND 3: 30PM MONDAY THROUGH FRIDAY , EXCEPT HOLIDAYS . PLEASE NOTICE : We will notify you by ordinary mail of the date and time of the hearing . We will mail this notice to you at the address you indicate for yourself on the Appearance and Answer of Defendant form . So please list a proper mailing address on this form . Also , please list a phone number that you can be reached at during our office hours . If you require the assistance of auxiliary aids GOVERN YOURSELF ACCORDINGLY or services to participate in court because of a disability, immediately call your district ADA SMALL CLAIMS DEPARTMENT coordinator at 319-398-3920. Ext. 200 (If you JOHNSON COUNTY , IOWA are hearing impaired, call Relay Iowa TTY at 1-800-735.2942). P.O. BOX 2510 / IOWA CITY, IOWA 52244 - END OF CASE FILE JOHNSON COUNTY SHERIFF'S DEPARTMENT P.O. BOX 2540 IOWA CITY, IA 52244-2540 DATE: 08/05/03 ***** PROCESS SERVERS WORKSHEET ***** CP#: 000020035257 DOCKET: OOEQCV064065 AGENCY: 000020035257 PLTF: LEWIS INVESTMENTS, INC PROCESS TYPE: ORIGINAL NOTICE VS . APPLICATION DFND: IOWA CITY,CITY OF AOR: 0000694 DIAZ,MARTIN A AOR PHONE: 3193394350 COURT OF ORIGIN: JOHNSON CO CP#/PARTY : 000020035257-01 DATE ASSIGNED: 08/05/03 SERVER: 00001 UNASSIGNED 5a-3J SERVER ENTRY SERVE BY: 00/00/00 DATE: C6 -CODD TIME: (S) (q AM/PM HAZARDS: SERVICE TYPE: Q tkt cpe)CV PARTY: IOWA CITY,CITY OF : 410 E WASHINGTON ST BY SERVING: t � C/O CITY CLERK J u!` , L V cpar't I IOWA CITY IA 52240 r J RACE: HEIGHT: RACE: W HEIGHT: WEIGHT: SEX: WEIGHT: SEX: 1- HAIR: EYES: HAIR: EYES: DOB: 00/00/00 SSN: DOB: PHONE: SERVED AT: EMPLOYER: 4 ( 0 G• oack.4nnca VEHICLE: YEAR: MAKE: MILEAGE IQ? SERV FEE: MODEL: LIC PLATE: STATE: MISC1 MISC2 DESCRIPTION: COMMENTS: # DATE TIME SERVR REASON 1 2 SIGNATURE DATE 3 TITLE 4 5 • L IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY LEWIS INVESTMENTS, INC. ) NO. ff-Q C i,I 0 GL/0(75— Plaintiff ) v ) ) CITY OF IOWA CITY ) ORIGINAL NOTICE ) Defendant ) TO THE ABOVE-NAMED DEFENDANT: You are notified that Petition has been filed in the office of the clerk of this court naming you as the defendant in this action. A copy of the Petition, and any documents filed with it, is attached to this notice. The name and address of the Plaintiffs attorney is Martin A. Diaz, 528 S. Clinton, Iowa City, Iowa 52240. The attorney's phone number is 319/339-4350 and his facsimile number is 319/339-4426. You must serve a motion or answer within 20 days after service of this Original Notice upon you. Within a reasonable time thereafter you must file your motion or answer with the Clerk of Court for Johnson County, at the county courthouse in Iowa City, Iowa. If you do not,judgment by default may be rendered against you for the relief demanded in the Petition. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at 319-398-3920 ext. 200. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.) LODEMA BERKLEY ra� . CLK OF COURT r Johnson County Courthouse Iowa City, Iowa 52240 Note: You are advised to seek legal advice at once to protect your interests. O =‘;'' --le al 7" p '<rn a 71 53J 0 > IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY LEWIS INVESTMENTS, INC. ) c � NO. `;,� / Plaintiff ) n ) =• 's ) APPLICATION TO 0 CITY OF IOWA CITY ) ENJOIN CONDEMNATION :.3 : Defendant ) COMES NOW the Plaintiff, pursuant to Iowa Rules of Civil procedure 1 .1501, et seq. and for its Application to Enjoin Condemnation against Defendant City of Iowa City, states as follows: STATEMENT OF FACTS 1. Plaintiff Lewis Investments, Inc. is a Missouri corporation with an interest in real estate in Iowa City. 2. Defendant City of Iowa City is a municipality. At all times relevant hereto the City was and is acting under color of State law. 3. Plaintiff is the legal owner of a parcel of land in Iowa City bearing the legal description of Lots 7 and 8, Block 12, Manville Addition, commonly known as 426 Bayard Street, Iowa City, Iowa. 4. On March 22, 1989, Lewis Investments, Inc. purchased its contract vendor interest in the property by purchasing a real estate contract from the "6- contract vendors, Joseph and Elizabeth Schaaf. DC7 c' -T1 cn m n D — 5. On January 21, 2003, the City of Iowa City, by its City Council approved a resolution authorizing the acquisition of all of the property as legally described above and commonly known as 426 Bayard Street. 6. The comments to the resolution claimed that the City believed the property constituted a "nuisance." However, the City contended that the property "can be saved if it is not allowed to continue to deteriorate." Further, the comments provided that the city wants to "acquire title to the property for the public purpose of disposing of it by conveying the property to a private individual for rehabilitation or for demolition and construction of housing." Attached as Exhibit "A" are the comments to the proposed resolution. 7. Thereafter, the City attempted to negotiate a purchase price, without success. 8. On or about June 5, 2003, the City filed an Application for Condemnation with the Sheriffs Office of Johnson County. A copy of the Application is attached as Exhibit "B." 9. On or about June 20, 2003, Lewis Investments, Inc., through its President David Wergeland accepted service. Attached as Exhibit "C." 10. The City contends that it has the authority to condemn this property pursuant to Chapter 364.12A because the property is claimed to be a "public nuisance." 11. The City has scheduled a condemnation commission hearing for Tuesday, August 26, 2003 at 9:30am at which time the Defendant intendp@7 A condemn all the property legally described above. 0 r p °n m 23. Fri 2 cx) • 12. Plaintiff disagrees that all or any part of the property is presently a "public nuisance." 13. Plaintiff contends that work has been done on the home that sits on one of the lots and on the property and that these improvements have rehabilitated the home and property. 14. Further, Plaintiff contends that to the extent that Defendant can prove that the home on the property is a public nuisance, the Defendant's effort to condemn all of the property as a public nuisance is unreasonable and unsupportable, inasmuch as the lots are severable. 15. Plaintiff contends that in order to avail itself of the remedy provided by Iowa Code §364.12A, the City must first prove that all of the property presently constitutes a public nuisance. Otherwise, the City could seek to foreclose any citizen's property by claiming that a nuisance exists. REMEDY SOUGHT 16. Plaintiff requests that the court temporarily enjoin the City from proceeding with its condemnation action and schedule a hearing to determine if the City of Iowa City has adequate evidence to establish that all of the property known as 426 Bayard St., Iowa City constitutes a public nuisance. 17. Further, Plaintiff requests that the court, after taking evidence, conclude that the City has failed to establish that it has an adequate basis to N_ proceed to condemn this property pursuant to Iowa Code §364.12A. n a D� 18. Plaintiff applies to this court pursuant to Iowa Rule of Civil PrciCidure, �n r rTI 1 .1501. et seq., and pursuant to 42 U.S.C. §1983 for an Order enjoining ziot & o co 3 • Defendant from proceeding to condemn al of the property commonly known as 426 Bayard Street, Iowa City. 19. Further, Plaintiff seeks attorney fees and costs as provided by law. WHEREFORE, Plaintiff prays the Court enjoin the Defendant from attempting to condemn all of the property commonly known as 426 Bayard Street, Iowa City, and award attorney fees and costs as provided by law. Respectfully submitted, MARTIN DIAZ LAW FIRM •t % cC Ma in A. Diaz 0000676 52: South Clinton Street Iowa City IA 52240 telephone (319)339-4350 facsimile (319)339-4426 Attorney for Plaintiff copy: Mitch Behr City Attorney's Office 410 E. Washington St. Iowa City, Iowa 52240 U r > m c7 FT] r--, > — 0, 4 • . , January 7, 2003 City of Iowa City Page 11 • • • • ITEM 9. CONSIDER A RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY LOCALLY KNOWN AS 426 BAYARD STREET, WHICH IS A PUBLIC NUISANCE, FOR THE PURPOSE OF ABATING THE NUISANCE. Comment: The property at 426 Bayard Street, a single-family home, has been a nuisance for over five years. The City has sent the owner numerous notices and issued citations, and the owner has never complied. Staff found that it was a "dangerous building" and the Board of Appeals upheld the decision. The City issued a notice of violation that it is a vacant and abandoned building, and the owner has not'registered the building as a vacant/abandoned building. Despite the City's extensive efforts, weeds continue to grow, animals continue to inhabit the house, junk continues to accumulate, and the structure continues_ to deteriorate. Staff believes that the house can be saved if it is not allowed to continue to deteriorate. Staff, in order to abate the public nuisance, would like to 'acquire title to the property for the public purpose of disposing of it by conveying the property to a private individual for rehabilitation or for demolition and construction of housing. Action: U Q a DC7 =y o f rn 23. co EXHIBIT • A • r • IN THE SHERIFFS OFFICE OF JOHNSON COUNTY, IOWA IN THE MATTER OF ) THE CONDEMNATION OF ) CERTAIN RIGHTS IN LAND FOR ) ABATEMENT OF A PUBLIC ) O NUISANCE AT 426 BAYARD ) y m STREET, IOWA CITY, ) n -- JOHNSON COUNTY, IOWA ) a' 171 y-1 (Lewis Investments Inc., Owner) ) 6 ) APPLICATION FOR D by the ) CONDEMNATION 00 ) CITY OF IOWA CITY, IOWA, ) ) Applicant. ) TO: DAVID M. REMLEY, CHIEF JUDGE, SIXTH JUDICIAL DISTRICT YOU ARE HEREBY NOTIFIED that the the property hereafter described has been found to be a public nuisance and Applicant City of Iowa City, Iowa, a municipal corporation, desires to take, acquire and condemn fee simple interest(s) in said property, together with any and all leasehold interests, easement interests and other legal or equitable interests therein, and together with all structures and appurtenances located upon the properties sought to be condemned. I. PROPERTY TO BE ACQUIRED; PUBLIC USE OR PURPOSE FOR THE TAKING. A. FEE SIMPLE INTEREST(S). The property in which the City seeks to acquire a fee simple interest for abatement of a public nuisance is depicted on the plat attached as Exhibit A, incorporated herein by this reference, and legally described as follows: Lots 7 and 8, Block 12, Manville Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 1, Page 149, Plat Records of Johnson County, Iowa Pursuant to Iowa Code Section 364.12A. the City of Iowa City desires the rights specified in the property sought to be condemned for the public purpose of disposing of the property under Iowa Code Section 364.7 by conveying the EXHIBIT B 1 property to a private individual for rehabilitation or for demolition and construction of housing. II. NAMES OF RECORD OWNERS AND HOLDERS OF LIENS AND ENCRUMBRANCERS OF THE PROPERTY. The names and addresses of all record owners and holders of liens and encumbrancers with respect to the above-described parcels, as far as shown, are as follows: A. TITLEHOLDERS: Lewis Investments, Inc. Prentice-Hall Corp. System 304 East High Street Jefferson City, MO 65101 B. LIENHOLDERS, ENCUMBRANCERS, LEASEHOLDERS, EASEMENT HOLDERS AND OTHERS: Richard L. Blackburn, a/k/a Richard Randall Blackburn, & Sherryl J. Blackburn 22907 Hwy 1 South Keosaqua, IA 52565 David Wergeland 911 W. Beverly Lane Phoenix, AZ 85027 Charles Johnston, a/k/a Charles Frazer Johnston 800 2"d St. Coralville, IA 52241 Mary Lea, a/k/a Mary Lea Leitch, a/k/a Mary Lea Leitch Johnston, a/k/a Mary Lea Johnston 208 West Third Street Boone, IA 50036 o Thomas H. & Kathleen Wegman ti 1007 Kyle Drive NE C-7--<< ' Iowa City, IA 52240 j c '-- FT1 m x� Marcia Wegman 1850 N Dubuque Street D co Iowa City, IA 52245 David & Sinaya Nadler 1973 Meadow Ridge Lane Iowa City, IA 52245 2 • • Iver Cairns, a/k/a Iver H. Cairns & Ann Cairns 436 Moore Park Road NSW 2021 Australia Bridge Associates, Inc. c/o Registered Agent Stephen N. Greenleaf 1402 Willow Creek Ct. Iowa City, IA 52246 Iowa State Bank & Trust Co. 102 South Clinton Street Iowa City, IA 52240 Stephen B. Jackson 222 3rd Ave SE, Ste 250 Cedar Rapids, IA 52401 (319) 363-2683 Destiny 98A PO Box 940249 Dn -n Maitland, FL 32794-0249 GARPC, a/k/a GARPC, Inc. rn c/o John M. Heckel • ; a 229 Northland Ct NE Ste B •• Cedar Rapids, IA 52402 co Z FIN 9 100 Tanglewood Dr. Freeport, ILL 61032 Johnson County, Iowa c/o Johnson County Auditor Johnson County Admin. Bldg. 913 South Dubuque Street Iowa City, Iowa 52240 Johnson County, Iowa c/o Johnson County Treasurer Johnson County Admin. Bldg 913 South Dubuque Street Iowa City, Iowa 52240 III. LANDS NECESSARY TO ACHIEVE THE PUBLIC PURPOSE AND LANDS PROPOSED TO BE ACQUIRED FOR THE PROJECT. The fee simple interest(s) is required by the City of Iowa City for the public purpose of disposing of the property under Iowa Code 3 Section 364.7 by conveying the property to a private individual for rehabilitation or for demolition and construction of housing. The City further asserts-"t t said interests constitute the necessary minimum amount of interests in lart*6:. —I-- achieve the purpose herein identified. n < , r. c; Q' IV. GOOD FAITH EFFORTS MADE BY THE CITY TO NEGOTIATE THE PURCHASE OF THE PROPERTY. J^ C3 The City represents and warrants that it f?s undertaken the following activities in attempting to negotiate the purchase of the above-described property interests from the property owner: A. On January 21, 2003, the Iowa City City Council adopted Resolution No. 03-34, declaring the above-described property a public nuisance, authorizing acquisition of the above-described property, and authorizing and directing the City Manager or designee, in consultation with the City Attorney's office, to establish, on behalf of the City, an amount the City believes to be just compensation for the property to be acquired and to make an offer to purchase the property for the established fair market value, and directing the City Attorney to initiate condemnation proceedings if the property cannot be acquired by negotiation. B. The City subsequently hired a licensed appraiser(s) to appraise and determine the fair market value of the property interest(s) identified above to be acquired from the owner(s) thereof, and established said value as the amount the City believes to be just compensation for the property interest(s) to be acquired. C. On May 13, 2003, the Iowa City Attorney's Office mailed to the property owner an offer to purchase the above identified property interest(s) at the fair market value thereof, as set forth in the appraisal(s) and, together with copies of the appraisal(s). The offer was also accompanied by a cover letter, informing the property owner of its right to waive the 10 day waiting period for commencement of negotiations. D. To date, the City has not been able to negotiate acquisition of the property interests described above from the owners thereof named above. NOW, THEREFORE, pursuant to a regularly adopted resolution by the City Council of the City of Iowa City, YOU ARE HEREBY REQUESTED to appoint a Compensation Commission to appraise the damages caused by this appropriation; said Commission to consist of six commissioners who shall be residents of Johnson County, Iowa. YOU ARE FURTHER REQUESTED to give written notice to the City of Iowa City, Iowa as soon as the commissioners have been appointed. 4 Dated /0- -C/0 CITY OF IOWA CITY, IOWA By: / � C*) Mi Mi chel T. Behr No. 13979 n� I —Tl Assistant City Attorney °' 410 E Washington Street m 1 i Iowa City, IA 52240 Telephone 319.356.5030 D _ co APPRO ED NiW.eiVe .3, 23 (Date) I /,i;t4.1. 41.2ffoirataihrov Chi•f Judge, Sixth Judicial Distr. t In accord with Iowa Code Section 66.3(7), I, the undersigned, certify under penalty of perjury and pursuant to the laws of the State of Iowa that this Original Application for Condemnation has been approved by the Chief Judge of the Sixth judicial District. Date: Mitchel . 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'�..x r�� ,R�e3:#"`i' I 3 :,a?X 1. _,;.7..147- Li .; '' -,1.' : ,y - - ;-r,P :g'-F't'k,r2,61.; zk, ?tee � A�„,.-, �*_ ,. rt-x-. t::*..,..._::-, -T y .' ,m8 ty a�,�'�. � v. , .,,,-1 "'ii , t ,>:. h ,_ .•.,,,,,_.44> ,s,,. c r ,,' ?....:th ..y a, .,c '.s-tr,: -".,, `a@+J'L9'- F L ^,: Uz i-. :,:a„,,.4.1.„.t4,_ C!i :i 1,'..„.. ” . _3Tt .4_ .:,,t§11„....,..„1,1....,...„.."., „. •sc 1 ::,•_,,,,,,,,,,,:S: { a,"-1; -:•,. K .,,;,,,..:'.ft—. a--� v,,; ` , ilnr}s' �R • kk' € ws g e� nnS .d < 3 r .. - -• , .r„', � ''-‘-' 1,.''''A3!?F�y� r,.. .�id."?r�,�e�'��.' � 'yz_.;�xs'$. '4:t ,. • IN THE SHERIFF'S OFFICE OF JOHNSON COUNTY, IOWA IN THE MATTER OF ) THE CONDEMNATION OF ) CERTAIN RIGHTS IN LAND FOR ) ABATEMENT OFA PUBLIC ) w NUISANCE AT 426 BAYARD ) n �- � STREET, IOWA CITY, ) � I�.1 � .-- JOHNSON COUNTY, IOWA ) cn I. (Lewis Investments Inc., Owner) ) rn =' 0 -- by by the ) ORDER SELECTING AND > ao ) APPOINTING COMPENSATION ) COMMISSIONERS AND CITY OF IOWA CITY, IOWA, ) ALTERNATE COMMISSIONERS ) BY THE CHIEF JUDGE OF THE ) SIXTH JUDICIAL DISTRICT OF IOWA Applicant. ) An Application for Condemnation having been filed with me by the City of Iowa City, Iowa for the selection and appointment, by lot, of six suitable persons as by law provided to act as a Compensation Commission to assess and appraise the damages sustained by reason of the condemnation of certain specified rights in certain land described by Applicant, in its Application filed in the above entitled matter, I hereby DESIGNATE, SELECT and APPOINT as the members of said Compensation Commission required in this mater the following persons: LICENSED REAL ESTATE BROKER / SALESPERSON (Name & Address) 1. ,( ( W j , a vAi kov DizNe N6-1 <<'7-,-( sZZ(zi 2. Deifeviwt (41(c�,o 1 f L{ 57u/25/ G��. 1�R�1�e �-4 <<�`, S� ? y KNOWLEDGEABLE OF PROPERTY VALUES BY VIRTUE OF OCCUPATION (Name & Address) 1. /14.yRe Ai irk% 094- 'I-ey) q4'[? Pkve k1 Scv, ,u.4-cc 7y, 2. To e G .j bVi1 I so 1_-q-K4-e(d co tut"; 2t 4 r 5 a OWNERS OF CITY PROPERTY (Name & Address) Szz 1. J C e 5-1.0;- i&)sh e3a'68 4.4.970-_7.7-1t) 4 E /(!� 2. Vw2N e I(km,m2 /70/ &(:),./A.) De /& ea/244.0v2lief I further DESIGNATE, SELECT and APPOINT the above named B i) ( to act as Chairperson of said Commission and ___TT e 5fhe is appointed,ctq act as Alternate Chairperson. 0 �C) Pursuant to Section 6B.5 of the Code, one of the above-namedn-< , F_ Compensation Commissioners shall be subject to challenge without ca _byte 7-1 Applicant City of Iowa City, Iowa, and one of the above named Compen<tition— -? Commissioners shall be subject to challenge without cause by the part __ v parties representing the ownership interest of the property being condened. OD I further DESIGNATE, SELECT and APPOINT the following persons to serve as alternate members of said Compensation Commission, to serve in the event that any of the said members having the same qualifications are unable to serve for any reason or in the event any such members are stricken from the panel as by law provided: LICENSED REAL ESTATE BROKER / SALESPERSON (Name & Addr ss) 1. (<w.J D' V o My el( ; Sa e vu e Ce reit, /5-6 v 21(er 2. Zak 4 e,2vu r1, 47,0 S S /e £/4,6 f om_d 572-2-y 3. '/ v�.,5-r— &A-/ ) Was?-fi n' 57,-4'er) ".� ccs `-11 511-2- 4- 1-- -4. 14, A-. r T$GYt C Lies/e y)i 3 o / �`v DaLeg tee .17..; 5z z� KNOWLEDGEABLE OF PROPERTY VALUES BY VIRTUE OF OCCUPATION (Name & Address) 1. UT L ) . /.� ( ( Con,f1on;) 3 5-7/ /k-5 , Acl'ej Sof cc-7y, 2. >4- ) (4J &Aye 3 00 3- /- hw4-y / N 3. (,v 1(t.'Ftp A_TelLS / /3 7 Oct/to-56 A,'e, /tt e ei�i 7, q S Z z i7fr 4. /k(eA [ (d h.k 2 , oZ`I I( 5 d //✓eiIA.6e c^Y SZ • OWNERS OF CITY PROPERTY (Name & Address) 1. P�M4_- �Q�/jJGvo�ct) 9 /9v 2.t/c(e �� vc(le SLz�/ 2. /4 Ne /(in/c. 14u S13 cP? Aver,wej ,••4 5 - ( 3. D9A41i .- -4.1:;(2._6e4) '49,o/e w ock" Cocc.2T-- J, Co i2 +c vi((e 2Z 572 2J, I HEREBY ORDER that upon being informed of a vacancy in the compensation commission, the Sheriff of Johnson County, Iowa, shall notify Alternate Commissioners in the order above provided having the same qualifications as the person or persons unable to serve or stricken from the panel, such notification to be given to Alternate Commissioners in the same manner as the original Compensation Commissioners were notified. The Alternate Commissioner first notified who is available to serve as a Compensation Commissioner shall then serve in the place of the Commissioner who was unable to serve or who was stricken from the panel. I further direct that the above named Alternate commissioners shall not be subject to challenge without cause. I FURTHER HEREBY ORDER that the Commissioners, and such Alternate Commissioners as are hereafter selected by the Sheriff due to the absence or removal of a Commissioner, shall appear at the time and place designated for the meeting of the compensation Commission in the Notice of Meeting of Compensation Commission to Assess Damages for the Taking of property, and that prior to said meeting, the above named Commissioners and Alternate Commissioners shall not communicate with the Applicant City of Iowa City or the owner or tenant of the property being condemned regarding the condemnation of proceedings. TO THE SHERIFF OF JOHNSON COUNTY, IOWA: Attached hereto please find a duplicate of the Application for Condemnation in the above matter. Dated �� �1ie 3� i 0,1 Chief Judge of the Sixth Judicial District of I•, a a D n ( (�� n 0 CI -11 '"-T1 9 73 D _ C IN THE SHERIFF'S OFFICE OF JOHNSON COUNTY, IOWA IN THE MATTER OF ) THE CONDEMNATION OF ) CERTAIN RIGHTS IN LAND FOR ) ABATEMENT OF A PUBLIC ) NUISANCE AT 426 BAYARD ) STREET, IOWA CITY, ) JOHNSON COUNTY, IOWA ) ) (Lewis Investments Inc., Owner) ) ) by the ) NOTICE OF PUBLIC MEETING ) OF COMPENSATION COMMISSION ) TO ASESS DAMAGES FOR CITY OF IOWA CITY, IOWA, ) TAKING OF PROPERTY Applicant. ) TO: A. TITLEHOLDERS: Lewis Investments, Inc. Prentice-Hall Corp. System 304 East High Street Jefferson City, MO 65101 B. LIENHOLDERS, ENCUMBRANCERS, LEASEHOLDERS, EASEMENT HOLDERS AND OTHERS: Richard L. Blackburn, a/k/a Richard Randall Blackburn, & Sherryl J. Blackburn 22907 Hwy 1 South Og Keosaqua, IA 52565 >: g David Wergeland C7 i -- 911 W. Beverly Lane --+C? G' Phoenix, AZ 85027 m x'• ' Charles Johnston, a/k/a Charles Frazer Johnston 800 2nd St. > Coralville, IA 52241 Mary Lea, a/k/a Mary Lea Leitch, a/k/a Mary Lea Leitch Johnston, a/k/a Mary Lea Johnston 208 West Third Street Boone, IA 50036 1 Thomas H. & Kathleen Wegman 1007 Kyle Drive NE Iowa City, IA 52240 Marcia Wegman 1850 N Dubuque Street Iowa City, IA 52245 David & Sinaya Nadler 1973 Meadow Ridge Lane Iowa City, IA 52245 Iver Cairns, a/k/a Iver H. Cairns & Ann Cairns 436 Moore Park Road NSW 2021 Australia Bridge Associates, Inc. c/o Registered Agent Stephen N. Greenleaf 1402 Willow Creek Ct. Iowa City, IA 52246 Iowa State Bank & Trust Co. 102 South Clinton Street Iowa City, IA 52240 Stephen B. Jackson 222 3rd Ave SE, Ste 250 O w Cedar Rapids, IA 52401 DC7 c (319) 363-2683 DAG Destiny 98A m s1,14 PO Box 940249 DO Maitland, FL 32794-0249 GARPC, a/k/a GARPC, Inc. c/o John M. Heckel 229 Northland Ct NE Ste B Cedar Rapids, IA 52402 Z FIN 9 100 Tanglewood Dr. Freeport, ILL 61032 Johnson County, Iowa c/o Johnson County Auditor Johnson County Admin. Bldg. 913 South Dubuque Street Iowa City, Iowa 52240 2 Johnson County, Iowa do Johnson County Treasurer Johnson County Admin. Bldg 913 South Dubuque Street Iowa City, Iowa 52240 and all other persons, companies or corporations having any interest in or owning any of the real estate depicted and legally described on the attached plat(s) marked Exhibit A and by this reference made a part hereof: PUBLIC NOTICE IS HEREBY GIVEN: 1. That the City of Iowa City desires the condemnation of the fee simple, interest(s) in the property depicted and legally described on the attached plat(s) marked Exhibit A and by this reference made a part hereof and as shown on the plat(s) attached to the APPLICATION FOR CONDEMNATION filed with the Chief Judge of the Sixth Judicial District and in the office of the Sheriff of Johnson County, Iowa. 2, That such condemnation is sought for for the public purpose of disposing of the property under Iowa Code Section 364.7 by conveying the property to a private individual for rehabilitation or for demolition and construction of housing.. 3. That a Compensation Commission has been appointed, as provided by law, for the purpose of appraising the damages which will be caused by the taking of the above described property interest(s). 4. That the Compensation Commission will, on AUGUST 26, 2003, AT 9:30 A.M. , meet in the Office of the Sheriff of Johnson County at 511 South Capitol Street, Iowa City, Iowa, and will then proceed to view the properties and to assess and appraise the damages, at which time you may appear before the Commissioners if you care to do so. 5. That the Compensation Commission is required to meet in open session (open to the public) to view the property being condemned and to receive • evidence, but may deliberate in closed session, as provided by Section 6B.14 of the Iowa Code. a CITY OF IOW' CITY, IOC A -sir °' By: ►� C r . m Mitc e . Behr No. 13979 ;� Assistant City Attorney ^ — 410 E Washington Street D — Iowa City, IA 52240 `D Telephone 319.356.5030 3 oYC o • �— . J Lots 7 and 8, Block 12, Manville Addition to Iowa City, Iowa, according to the plat U U • thereof recorded in Book 1, Page 149, Plat Records of Johnson County, Iowa. 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'�}?• ••w° '� -.H" :+ z, '� 1?w� ;..niy,. - 1 4,A. -ltsc ~,'2 t • C, •' i41. .•.� 4• rty�PN.,' A. 3'•�',: -: t i .i ' .�y. -I } •"�"S� • y... 4‘.•.,y:F « •i+ #' 'k ,_ ,.r•c '-x•, rt~ r•+,n F+> � 11.+ ,r_ . ....y." •.,,. .f ''f•�' .�r ftp •" �. - , • ;�,�C3r K �3.'� � w ;��}tt' � �� •s. � y� --r,. ... ... �.,�.'.•P2 r'-..�� i�ey, �•� ?^ �. �A>4i� � �.--f.,..-.4,z,� � tx;:;C��.1�,/ � 1 �� a r Y �r i -IA, J. �, ti_ IN THE SHERIFF'S OFFICE OF JOHNSON COUNTY, IOWA IN THE MATTER OF ) THE CONDEMNATION OF ) CERTAIN RIGHTS IN LAND FOR ) ABATEMENT OF A PUBLIC ) NUISANCE AT 426 BAYARD ) STREET, IOWA CITY, ) JOHNSON COUNTY, IOWA ) (Lewis Investments Inc., Owner) ) by the ) LIST OF COMPENSATION COMMISSIONERS AND ) ALTERNATES APPOINTED BY CITY OF IOWA CITY, IOWA, ) THE CHIEF JUDGE OF THE ) SIXTH JUDICIAL DISTRICT OF ) IOWA Applicant. ) _ N *n TO: - c ' 71 Lewis Investments, Inc. -<r? rn I� Prentice-Hall Corp. System r' ' 304 East High Street S Jefferson City, MO 65101 D -- owner(s) of property situated as legally described on the plat(s) marked as Exhibits A attached and made a part hereof by this reference. An Application for Condemnation having been filed with the Chief Judge of the Sixth Judicial District by the City of Iowa City, Iowa, requesting the Chief Judge to select and appoint, by lot, six suitable persons as by law provided to act as a Compensation Commission to assess and appraise the damages sustained by reason of the condemnation of certain specified rights in the above described property owned by the above listed persons, as more particularly specified in the Application for Condemnation filed in the above entitled matter. YOU AND EACH OF YOU ARE HEREBY ADVISED that the Chief Judge has selected and appointed the following named persons to act as members of the said Compensation Commission. The person or persons above named having the fee ownership interest in said property have the right to challenge without cause one of the Compensation Commissioners so selected and appointed. The Applicant City of Iowa City, Iowa also has the right to challenge without cause one of the Compensation Commissioners so selected and appointed. Such challenge must be filed in writing with the Sheriff not less than (7) days prior to the meeting of the Compensation Commission to assess and appraise damages for the taking. COMPENSATION COMMISSIONERS APPOINTED LICENSED REAL ESTATE BROKER / SALESPERSON (Name & Address) 1. Bill Wittig; 2 Lyn-Den Drive, NE, Iowa City, IA 52240 2. Deanna Miller; 44 Sturgis Corner Drive, Iowa City, IA 52246 KNOWLEDGEABLE OF PROPERTY VALUES BY VIRTUE OF OCCUPATION (Name & Address) 1. Myron Smalley; 4418 Dane Road, SW, Iowa City, IA 52240 ; 2. Joe Gjovig; 50 Wakefield Court, Iowa City, IA 52240 c ;' OWNERS OF CITY PROPERTY o (Name & Address) -". 'o 1. J. George Swisher; 3868 Martin Lane, NE, Iowa City, IA 52240 D` 2. Verne Folkman; 1701 Brown Deer Road, Coralville, IA 52241 YOU AND EACH OF YOU ARE FURTHER HEREBY ADVISED that the Chief Judge has selected and appointed the following named persons to act as Alternate Commissioners and members of the said Compensation Commission. If a Compensation Commissioner is challenged, or is otherwise unable to serve on the Compensation Commission, the Sheriff is required to select an Alternate Commissioner to serve on the Commission from the following list, having the same qualification as the Commissioner who is challenged or unable to serve. An Alternate Commissioner may not be challenged without cause by either the person or persons having the fee ownership interest in the property to be condemned or by the Applicant City of Iowa City. If a person is excused from the Compensation Commission, the Applicant City of Iowa City and the person or persons representing the fee ownership interest in the property may stipulate in writing to the selection and notification of particular Alternate Commissioners who have the same qualification as the person being replaced, provided such application is filed with the Sheriff no less than seventy-two (72) hours prior to the meeting of the Commission. Absent such stipulation, Alternate Commissioners will be selected and notified to serve in the order directed by the Chief Judge. ALTERNATE COMMISSIONERS APPOINTED LICENSED REAL ESTATE BROKER / SALESPERSON (Name & Address) 1 Ken O'Donnell; 250 12th Avenue Center, Suite 150, Coralville, IA 52241 2. Richard Brown; 2905 Saddle Club Road, NE, Iowa City, IA 52240 3. Ernest Galer; 1749 West Benton Street, Iowa City, IA 52246 4. W.A. Fotsch (Wesley); 301 South Dubuque Street, Iowa City, IA 52240 KNOWLEDGEABLE OF PROPERTY VALUES BY VIRTUE OF OCCUPATION (Name &Address) 1. J.W. Bill Condon; 3571 Hanks Drive, SE, Iowa City, IA 52240 2. Allan Berger; 3005 Highway 1, NE, Iowa City, IA 52240 3. Williams Peters; 1437 Buresh Avenue, Iowa City, IA 52245 4, Helen Hohle; 2911 Stanford Avenue, Iowa City, IA 52245 OWNERS OF CITY PROPERTY 0 (Name &Address) 1, Leonard Greenwood; 908 14th Avenue, Coralville, IA 52241 rn 2. Rufine Anciaux; 513 8th Avenue, Coralville, IA 52241 3. Donna Farber; 950 Applewood Court #1, Coralville, IA 52241 > 4. Jerry Musser; 21 George Street, Iowa City, IA 52246 TAKE NOTICE AND GOVERN YOURSELVES ACCORDINGLY il= Eff Uz--t C Lots 7 and 8, Block 12, Manville Addition to Iowa City, Iowa, according to the plat I �o thereof recorded in Book 1, Page 149, Plat Records of Johnson County, Iowa. '. 1 ' i1 ` .sF •+ ,1 .l .: {. ..1 a I *„ea▪ t; + `'i �5"a, .rt3?�4�,IStt, u r. 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C° _ - �•a<. _ ..�:-£... �`' ft �'-'x`2.4,' -;,,,,,i1),,T.„....,-, S s 1, ._. `;6; �� ra._. r IN THE SHERIFF'S OFFICE OF JOHNSON COUNTY, IOWA IN THE MATTER OF ) THE CONDEMNATION OF ) CERTAIN RIGHTS IN LAND FOR ) ABATEMENT OF A PUBLIC ) NUISANCE AT 426 BAYARD ) STREET, IOWA CITY, ) JOHNSON COUNTY, IOWA ) (Lewis Investments Inc., Owner) ) by the ) ACCEPTANCE OF SERVICE ) (Lewis Investments Inc.) ) CITY OF IOWA CITY, IOWA, ) Applicant. ) I hereby acknowledge receipt of the following attached documents and by my signature accept service and waive further notice thereof: (1) APPLICATION FOR CONDEMNATION (2) ORDER SELECTING AND APPOINTING COMPENSATION COMMISSIONERS AND ALTERNATE COMMISSIONERS BY THE CHIEF JUDGE OF THE SIXTH JUDICIAL DISTRICT OF IOWA (3) NOTICE OFPUBLIC MEETING OF COMPENSATION COMMISSION TO ASSESS DAMAGES FOR TAKING OF.__. PROPERTY O w (4) LIST OF COMPENSATION COMMISSIONERS AND • ALTERNATES APPOINTED BY THE CHIEF JUDGE OF TJE' �' l SIXTH JUDICIAL DISTRICT OF IOWA a' `-- Fri Date: Co( .20I O3 f LEWIS INVESTMENTS INC. By: 2L.L.,L..4 f c,-s (Title) EXHIBIT 1 5 c _ END OF CASE FILE IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY J.E.B.B., L.C., ) Na Plaintiff, ) ) vs. ) ) NOTICE OF APPEAL OF CITY OF IOWA CITY, IOWA, ) CONDEMNATION AWARD JOHNSON COUNTY,IOWA, ) FIRSTAR BANK f/k/a Mercantile ) Bank Midwest, U.S. BANK NATIONAL ) f/k/a First Bank N.A.,TOM WILLIAMS ) - and KAREN WILLIAMS, ) - - Defendants. ) , N Y TO: City of Iowa City, Iowa, Johnson County, Iowa, Firstar Bank f/k/a Mercantil°Bank Midwest, U.S. Bank National f/k/a First Bank N.A., Tom Williams, Karen Williams and Sheriff of Johnson County, Iowa YOU AND EACH OF YOU ARE HEREBY NOTIFIED that the above-named Plaintiff, J.E.B.B., L.C., does hereby appeal from the acts of the Compensation Commission and its report entered on April 17, 2003, including the amount of damages. A copy of the Notice of Appraisement of Damages and Time for Appeal is attached hereto as Exhibit "A" and by this reference made a part hereof. YOU AND EACH OF YOU ARE FURTHER HEREBY NOTIFIED that Plaintiff will file a petition as prescribed by the provisions of Iowa Code Chapter 6B and that this appeal is to the Iowa District Court in and for Johnson County and will come on for hearing pursuant to the rules prescribed by said District Court. &L. �A (pe. / otter) / /i.a.-t.,-a . Dated this 12th day of May,2003. MEARDON, SUEPPEL& DOWNER P.L.C. By 140 b Robert N. Downer 000001324 By CAP �Qs A. Meardon 000009771 122 South Linn Street Iowa City, Iowa 52240 Telephone: 319/338-9222 Facsimile: 319/338-7250 ATTORNEYS FOR PLAINTIFF c.) 2 coEY • Notice of Appraisement of _ Damages and Times for Appeal • In the Matter of the Condemnation of Certain Rights in Land by ) The City of Iova City _ ? 3 ?! rf for the use and benefit of said City of Iowa City ) ` • .. ; ? ^r; located in Johnson County, Iowa ) TO: J.E.B.B. , L.C. , City of Iowa City. s I Cond'emnee`s Land and Consequential Total Attorney Fees Improvements Damages Award and Costs J.E.B.B. , L.C. $ $ $33,500.00 $ - • • You and each of you are hereby notified that the duly appointed and-qualified commissioners assessed and appraised the damages sustained by reason of the condemnation as-set out above, and that pursuant to the Code of Iowa,you may within thirty(30) days from the date of mailing this Notice, appeal to the District Court as by law provided. Dated this 17th day of April , 2003 _ i aLA EXHIBIT "A" Sheriff of Johnson County, Iowa Condemnations-Page 39-10/01 • REPORT OF COMPENSATION COMMISSIONERS Iii the Matter of the Condemnation of Certain Rights in Land by the ) City of Iowa City ) for the use and benefit of said Mormon Trek Blvd. Extension Project ) and Dane Road Trunk Sewer Project(J.E.B.B.,L.C., owner) ) located in Johnson County, Iowa ) TO THE SHERIFF OF JOHNSON COUNTY, IOWA: We the undersigned, duly appointed and qualified commissioners appointed to inspect the property hereinafter described and assess the damages which the owners thereof and persons, companies or corporations having or claiming an interest therein will sustain by reason of the appropriation of the same for: Mormon Trek Blvd. Extension Project and Dane Road Trunk Sewer Project Having been duly sworn, faithfully and impartially assess all such damages, and it appearing that all persons, companies or corporations owning or claiming an interest in any of the property hereinafter described have been duly and legally notified of the proceedings herein and the time and place of our meeting in public session to view said property and assess their damages. As aforesaid, we did on the 17th day of April, 2003 at 1:30 o'clock P.M., view the real estate hereinafter described and assess the damages which the owners thereof and persons having or claiming an interest therein will sustain by reason of the appropriation of the same by said municipal corporation for the purposes aforesaid. And we now, after one day deliberation at the Johnson County Sheriff's Office located at 511 S. Capitol St., Iowa City, Iowa, on the 17th day of April, 2003, return this, our true findings in the premises, as shown below, as actual damages for the taking of the property hereinafter described: (see attached legal descriptions) � - , , , • EXjHIBIT_A. . PAGE PREPARE) BYA MICHAEL R.FACyE, EARTH TECs. 501 SYCAMORE STREET. SUITE 222, WATERLOO.07b#e St77D3, 314232-6631 ACQUISmON PLAT MORMON TREK BOULEVARD EXTENSION CITY OF IOWA CITY, IOWA OWNER:JEBB,LLC. ADDMONAL PROPERTY INTEREST: TOM H.AND KAREN WILLIAMS WI/4 COR SEC 21-79-6 " FD 60d SPIKE I : FROM RECORD TIES I ; H \ �� N. �\` el\ J : \-\ cC4 C) C7) �"_' Jw —. a _11309.61 ' Cfl I I -_jI I I N88°50'35'E 1314.42' __.) I I' I II -------------------------------- ------------- —- - -"-------- - NORTN LINE SWI/4 SWI/14 SEC 21-79-6 ""-----_ _nit_— 1 f 1; 500°16'08', 66.02'Y I T. TI ; NOO°08'54'E 66.01' S88°50'35', 1314.28' '+- '7I I- , '1 ' I N ' (.J WI , Hl '", t a zI N00°08'54'E 1243.60' ', c, ;I 5 � SW COR SEC 21-79-6 4-, (<9 ,.,-.1 F-' : SET 1/2'014 REBAR z' vel ( W/CAP NO.8505 -f 1 ' ' FROM RECORD TIES �' 1 I . al N88°46'44'E 2623.40'M '' I; 2625.67'R BY 1007 LEGENQ SI/4 COR SEC 21-79-6 J 447.75'M = MEASURED FO I.P.W/YELLOW I hereby certify that this Lard Sur,ey(nq 447.40'R = RECORD CAP NO.8165 docueent vee prrpand by r r order FROM RECORD TIES et d vett perranal neer,is ice and %Alta ,b that I as a duly Unreel Lind Surveyor r����ii under the Ia,r1 oy thl State of Iaw. of 044a11L 11 ei a XICHAE1 R.FACIE We.'7 0 100 200 300 400 �•.��� 1.lcens*raker ISOS loxi. My I(cense mineral date Is Oeceeber 31,2002 Pages or sheets covered by this »ali QTS 1MO2OF2 SCALE w FEET PROJECT PARCEL NO.106A E AR T H T E C H FEE SIMPLE ACQUISITION • EXHIBIT PAGE PREPARED IT,MIoIAEL R.Foa.z. EAKIN TE1:34. gel SYEAMORE STREET. SUITE 222. V4TE*.00.IOWA.S87I3. 3Iq-232-€7I DESCRIPTION: FEE SIMPLE ACQUISITION THE NORTHERLY 4 RODS (66.00 FEET) IN EVEN WIDTH OF THE SOUTHWEST 1/4 OF THE SOUTHWEST I/4 OF SECTION 21, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 21; THENCE NORTH 00°08'54" EAST ON THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 21 A DISTANCE OF 1,243.60 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING NORTH 00°08'54" EAST CN THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 21 A DISTANCE OF 66.01 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST I/4 OF SAID SECTION 21; THENCE NORTH 88°50'35° EAST ON THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE • SOUTHWEST 1/4 OF SAID SECTION 21 A DISTANCE OF 1,314.42 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 21; THENCE SOUTH 00°16'08' WEST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 21 A DISTANCE OF 66.02 FEET; THENCE SOUTH 88°50'35' WEST A DISTANCE OF 1,314.28 FEET TO THE POINT OF BEGINNING; CONTAIN ING 1.99 ACRES. BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 21 IS ASSUMED TO BEAR NORTH 00°08'54' EAST FOR THE PURPOSE OF THIS DESCR IPT ION. PROJECT PARCEL NO.106A EAR T H r F C H FEE SIMPLE ACQUISITION • • WI/4 COR SEC 21-79-6 —f0 6O1 SPIKE N88°50'35'E 386.00' FROM RECORD TIES N87°I4'09'W 288.74' —1309.61' N88'350'351181.70' NOD°16'08'E 33.01' 1 • ^� �'t� R=1895.00'L=425.41' \ N88°5o'35'E 96.21' N88°50'35'E 89.85' CH=N86 03'32'W 425.21' SO1°16'42''1 57.04' co �rr/� ; 1 ° S1\101. 2 V N88°08'11'1'4 2 : iTj I I N78°02'41'W 178.47' o, A y N PERMANENT EASEMENT _I -11 O O W H til tT in 1 SOUTH LINE NORTH 4 RODS (66.00') m' ° ^_ t^ 0 1. SWI/4 SWI/4 SEC 21-79-6 588°23'23°W 67.68' NI N a r° UI Q � `� t o ° o co n O LN8BOSO.35.E3361. N w i to n o m m ml '4 m T w I 0 Z • Co n T 02 .. /.� " O �–PRESENT EAST R/W LINE DANE ROAD S� ▪(-.. -1 �ti I r-1 p D �, s Z O 2619.22'M <(‘C` 3�J �m w I O r (� Z 2618.65'R BY TOOT �`.' - ▪ 3 .� n 1 s g ,'v - t, I243.55' r _ 1,-- e o g O --1 N ,:. Icu cx li .� a s Z r. Y' s la :; ' to m �/) I s : C 3( s s 'H o n `"tet" 13 A --WEST LINE SWI/4 SEC 21-79-6 + yhIii o' Y fTi N. Q i g K Ea Itn 71 Pi Pi KA Z ;4� = 9 Icy on S^ m c v I � $ AN I . 1L.� v OI SW COR SEC 21-79-6 N88°46'44'E 2623.40'M 1- i n ° SET 1/2' DIA REBAR IN/CAP tmn v m N0.8505 FROM RECORD TIES 2625.67'R BY IDOT 1 Cl Z 1 SOUTH LINE SWI/4 SEC 21:79-6 1 --N88°-0F,'.14-F 11.01' EXHIBIT 73 PAGE PRE/WED Sri MICHAEL R.FAME. EARTH TE04. STC.A,CIRE STREET, SUITE 222. WATERLOO,IOWA.S IMI, 3i9-222-€ t DESCRIPTION: PERMANENT EASEMENT ..J A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 21; THENCE NORTH 88°46'44' EAST ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 21 A DISTANCE OF 3101 FEET TO THE PRESENT EAST RIGHT-OF-WAY LINE OF DANE ROAD; THENCE NORTH 00°08'54' EAST ON THE PRESENT EAST RIGHT-OF-WAY LINE OF DANE ROAD A DISTANCE OF 1,243.55 FEET TO THE SOUTH LINE OF THE NORTH 4 RODS (66.00 FEET)OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 21; THENCE NORTH 88°50'35' EAST ON THE SOUTH LINE OF THE NORTH 4 RODS (66.00 FEET) OF THE SOUTHWEST I/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 21 A DISTANCE OF 403.36 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING NORTH 88°50'35' EAST ON THE SOUTH LINE OF THE NORTH 4 RODS (66.00 FEET)OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 21 A DISTANCE OF 781.70 FEET; THENCE SOUTH 01°16'42' WEST A DISTANCE OF 57.04 FEET; THENCE SOUTH 88°23'23' WEST A DISTANCE OF 67.68 FEET; THENCE NORTH 87°14'09' WEST A DISTANCE OF 288.74 FEET; THENCE NORTHWESTERLY ON A 1,895.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY AND HAVING A 425.21-FOOT LONG CHORD BEARING NORTH 86°03'32' WEST A DISTANCE OF 425.41 FEET (ARC LENGTH) TO THE POINT OF BEGINNING; CONTAINING 0.67 ACRE. BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 21 IS ASSUMED TO BEAR NORTH 88°46'44' EAST FOR THE PURPOSE OF THIS DESCRIPTION. DESCRIPTION: TEMPORARY EASEMENT (PARCEL A) A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 21; THENCE NORTH 88°46'44" EAST ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 21 A DISTANCE OF 33.01 FEET TO THE PRESENT EAST RIGHT-OF-WAY LINE OF DANE ROAD; THENCE NORTH 00°08'54" EAST ON THE PRESENT EAST RIGHT-OF-WAY LINE OF DANE ROAD A DISTANCE OF 1,243.55 FEET TO THE SOUTH LINE OF THE NORTH 4 ROOS (66.00 FEET)OF THE SOUTHWEST 1/4 OF THE SOUTHWEST I/4 OF SAID SECTION 21; THENCE NORTH 88°50'35' EAST ON THE SOUTH LINE OF THE NORTH 4 RODS (66.00 FEET)OF THE SOUTHWEST I/4 OF THE SOUTHWEST I/4 OF SAID SECTION 21 A DISTANCE OF 313.51 FEET TO THE PC INT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING NORTH 88°50'35' EAST ON THE SOUTH LINE OF THE NORTH 4 RODS (66.00 FEET)OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 21 A DISTANCE OF 89.85 FEET; THENCE SOUTHEASTERLY ON A 1,895.00-FOOT RADIUS CURVE CONCA`IE NORTHEASTERLY AND HAVING A 425.21-FOOT LONG CHORD BEARING SOUTH 86°03'32' EAST A DISTANCE OF 425.41 FEET (ARC LENGTH); THENCE SOUTH 87°14'09' EAST A DISTANCE OF 288.74 FEET; THENCE NORTH 88°23'23' EAST A DISTANCE OF 67.68 FEET; THENCE SOUTH 01°16'42' WEST A DISTANCE OF 20.16 FEET; THENCE NORTH 88°O8'II' WEST A DISTANCE OF 695.42 FEET; THENCE NORTH 78°02'41' WEST A DISTANCE OF 178.47 FEET TO THE POINT OF BEGINNING; CONTAINING 0.35 ACRE. BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHWEST I/4 OF SAID SECTION 21 IS ASSUMED TO BEAR NORTH 88°46'44" EAST FOR THE PURPOSE OF THIS DESCRIPTION. EAR THT E c N PROJECT PARCEL NO.107 EXHIBIT B PAGE 3 M W ° BY,MICHAEL R.FA0.E EARTH TEM 511 SYCAMORE Binhi. SUITE 222. WATERLOO.Iowa.5!793. 314272-€531 DESCRIPTION: TEMPORARY EASEMENT (PARCEL B) A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 21; THENCE NORTH 88°46'44" EAST ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 21 A DISTANCE OF 33.01 FEET TO THE PRESENT EAST RIGHT-OF-WAY LINE OF DANE ROAD; THENCE NORTH 00°08'54" EAST ON THE PRESENT EAST RIGHT-OF-WAY LINE OF DANE ROAD A DISTANCE OF 1,243.55 FEET TO THE SOUTH LINE OF THE NORTH 4 ROOS (66.00 FEET)OF THE SOUTHWEST I/4 OF THE SOUTHWEST I/4 OF SAID SECTION 21; THENCE NORTH 88°50'35" EAST ON THE SOUTH LINE OF THE NORTH 4 ROOS (66.00 FEET)OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 21 A DISTANCE OF 1,185.06 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING NORTH 88°50'35" EAST ON THE SOUTH LINE OF THE NORTH 4 ROOS (66.00 FEET)OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 21 A DISTANCE OF 96.21 FEET TO THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 21; THENCE NORTH 00°16'08" EAST ON THE EAST LINE OF THE SOUTHWEST I/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 21 A DISTANCE OF 33.01 FEET; THENCE NORTH 88°50'35" EAST A DISTANCE 4F 386.00 FEET; THENCE SOUTH 48°26'15" WEST A DISTANCE OF 59.96 FEET; THENCE SOUTH 86°40'05" WEST A DISTANCE OF 341.88 FEET; THENCE SOUTH 78°21'13' WEST A DISTANCE OF 98.96 FEET; THENCE NORTH 01°16'42' EAST A DISTANCE OF 36.89 FEET TO THE POINT OF BEGINNING; CONTAINING 0.44 ACRE. BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 21 IS ASSUMED TO BEAR NORTH 88°46'44" EAST FOR THE PURPOSE OF THIS DESCRIPTION. 1 W EAR THT E C H PROJECT PARCEL NO. 107 . EXHIBIT PAGE I PREPARED RYu MICHAEL R.FABLE. EARTH TECH. 511 SYCAMORE STREET. SUITE 222. WATERLOO.IOWA.51712. 71Q-232- 3I ACQUISmON PLAT DANE ROAD TRUNK SANITARY SEWER CITY OF IOWA CITY, IOWA gOWNER EBB,LLC. 1V1/4 COR SEC 21-79-6 COUNTY PARCEL NO.1021351001 Jr FD 60d SPIKE T.....,..4:4"-,..,_, FROM RECORD TIES _. '.I NORTH LINE SWI/4 SWI/14 SEC 21-79-6 -✓t N88°50'35'E 386.04' ,--N88°50'35'E 467.05' - _ _ . 33'-i-","{ -•-� 1I r I 1 . I .... ;./-*---1' , ri.- 1: I; 582°41'S1'W 762.09' \ ; •: 1' �N82°41'51'E 329.91' . ' '; I TEMPORARY EASEMENT ° SOUTH LINE NORTH 4 RODS (66.00') °i c' ;I I; 1! 1' NO2 12'22'E 270.24' SWI/4 SWI/4 '41 t, 1; SEC 21-79-6 Y; ; I 1' 502°12'22"W 229.76' a' 2 s . I I t, 4' NO2°12'22'E 296.80' W 44 Nom; /1N12°16'38'E 115.89' ..r. i I t,' 1; j, tcs*; tV tV /; I; N12°16'78'E 400.36' V... I j% i 512°I6'38'W 399.64' ZI 411 . fi 1 oI 0 1, 0 11 N00°O8'54'E 285.56' `D 1.> „\ 1;1,l W /�J� ICO P I ; '' /, • CV lo; 'i ' FI'—PERMANENT EASEMENT c7 („5” __ W , O N' ' v 1 z�; I N00°08'54'E 152.28' t ;I SOO°08'54'W 167.72' �` fV IJ o 589°42'04'W 73.00' i wI ;I PRESENT EAST R/W LINE DANE ROAD i WEST LINE SWI/4 SEC 21-79-6 o I N88°46'44'E 2623.40'M ZI NO0°08'S4'E 377.13' 2625.67'R BY LOOT —- , SW COR SEC 21-79-6 _- • • SI/4 COR SEC 21-79-6 1 SET 1/2'DIA REBAR W/CAP FD I.P.W/`'ELLOW CAP NO.8505 FROM RECORD TIES NO.8165 FROM RECORD TIES - I hereby crtuy wt ule Lrd Sonny nu 0 100 200 300 400 document we pnpend by r or vtl.r .y direct personal ,vOery is ion +d ° OA If a` that I ue a duly Licensed Lard Surveyor .., ��0° wider the lace o/ the State or Iowa. _;„�.,,�, ;o SCALE IN FEET I.et1 -v".V•+/�1 L 'Pt a�JQ102. 1 MS j 11(0YEL R. nal d pa !!I ���,�/// Lacune number 1505 # /e V. Ay I Icon.*renew' date is December 31,2002 DI ECRD Pages or sheet,covered by this teal: Qfi'TS I Ila 2LF2 — ELNO.107AIFL.:::31:4JENTELENtAEACIANF:uRDRCEELDTEbal TEMPORARY EAR T H T E C H SANITARY SEWER EASEMENTS • EXHIBIT PAGE PREPARED 0Y*MICHAEL. R.FAME. EARTH TECHS 501 SYCAMORE STREET. SUITE 222. MATER.00.IOWA.sena. 311-332-6631 ..-- DESCRIPTION: PERMANENT EASEMENT A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF THE 5O11THWEST' 1/4 OF SECTION 21, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE STH P ;INCIPAL-MERIDIAN, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 21; THENCE NORTH 00°08'54' EAST ON THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 21 A DISTANCE OF 377.13 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING NORTH 00°08'54' EAST ON THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 21 A DISTANCE OF 20.00 FEET; THENCE NORTH 89°42'04' EAST A DISTANCE OF 33.00 FEET TO THE PRESENT EAST RIGHT-OF-WAY LINE OF DANE ROAD; THENCE NORTH 00°08'54' EAST ON THE PRESENT EAST RIGHT-OF-WAY LINE OF DANE ROAD A DISTANCE OF 152.28 FEET; THENCE NORTH 12°16'38' EAST A DISTANCE OF 400.36 FEET; THENCE NORTH 02°12'22" EAST A DISTANCE OF 270.24 FEET; THENCE NORTH 82°41'51" EAST A DISTANCE OF 329.91 FEET TO THE SOUTH LINE OF THE NORTH 4 ROOS (66.00 FEET)OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 21; THENCE NORTH 88°50'35' EAST ON THE SOUTH LINE OF THE NORTH 4 ROOS (66.00 FEET) OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 21 A DISTANCE CF 467.05 FEET; THENCE SOUTH 82°41'51' WEST A DISTANCE OF 762.09 FEET; THENCE SOUTH 02°12'22' WEST A DISTANCE OF 229.76 FEET; THENCE SOUTH 12°16'38" WEST A DISTANCE OF 399.64 FEET; THENCE SOUTH 00°08'54' WEST A DISTANCE OF 167.72 FEET; THENCE SOUTH 89°42'04" WEST A DISTANCE OF 73.00 FEET TO THE POINT OF BEGINNING; CONTAINING 1.39 ACRES, OF WHICH 0.02 ACRE IS WITHIN EXISTING ROAD RIGHT-OF-WAY. BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 21 IS ASSUMED TO BEAR NORTH 00°08'54" EAST FOR THE PURPOSE OF THIS DESCR IPT ION. DESCRIPTION: TEMPORARY EASEMENT A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 21: THENCE NORTH 00°08'54' EAST ON THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 21 A DISTANCE OF 377.13 FEET; THENCE CONTINUING NORTH 00°08'54' EAST ON THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 21 A DISTANCE OF 20.00 FEET; THENCE NORTH 89°42'04' EAST A DISTANCE OF 33.00 FEET TO THE PRESENTEAST RIGHT-OF-WAY LINE OF DANE ROAD; THENCE NORTH 00°08'54" EAST ON THE PRESENT EAST RIGHT-OF-WAY LINE OF DANE ROAD A DISTANCE OF 152.28 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING NORTH 00°08'54" EAST ON THE PRESENT EAST RIGHT-OF-WAY LINE OF DANE ROAD A DISTANCE OF 285.56 FEET; THENCE NORTH I2°16'38' EAST A DISTANCE OF 115.89 FEET; THENCE NORTH 02°12'22' EAST A DISTANCE OF 296.80 FEET TO THE SOUTH LINE OF THE NORTH 4 RODS (66.00 FEET)OF THE SOUTHWEST I/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 21; THENCE NORTH 88°50'35' EAST ON THE SOUTH LINE OF THE NORTH 4 ROOS (66.00 FEET)OF THE SOUTHWEST I/4 OF THE SOUTHWEST I/4 OF SAID SECTION 21 A DISTANCE OF 386.04 FEET; THENCE SOUTH 82°41'51' WEST A DISTANCE OF 329.91 FEET; THENCE SOUTH 02°12'22' WEST A DISTANCE OF 270.24 FEET; THENCE SOUTH 12°16'38' WEST A DISTANCE OF 400.36 FEET TO THE POINT OF BEGINNING; CONTAINING 0.90 ACRE. BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 21 IS ASSUMED TO BEAR NORTH 00°08'54' EAST FOR THE PURPOSE OF THIS DESCRIPTION. PROJECT PARCEL NO.107A PERMANENT AND TEMPORARY EAR T H + 1 T E C H SANITARY SEWER EASEMENTS • REPORT OF COMPENSATION COMMISSIONERS The names and addresses of all record owners and holders of liens and encumbrancers, as far as shown, are as follows: Titleholders: • J.E.B.B., L.C. J 3732 Hummingbird Iowa City, IA 52240 -71 Lienholders and Encumbrancers: N 5-5 Firstar Bank U.S. Bank National -� F/k/a Mercantile Bank Midwest f/k/a First Bank N.A. 431 E. Locust c/o Registered Agent CT Corp System Des Moines, Iowa 50312 222 Grand Ave. Des Moines, IA 50312 Tom and Karen Williams Johnson County, IA Johnson County, IA 4146 Dane Rd. SE c/o Johnson Co. Auditor c/o Johnson Co. Treasurer Iowa City, IA 52240 913 S. Dubuque St. 913 S. Dubuque St. Iowa City, IA 52240 Iowa City, IA 52240 Award for Fee Simple Interest • $ (total take) Award for Fee Simple Interest $ (partial take) Award for Damages to Remainder $ Award for permanent easement •$ Award for temporary easement $ TOTAL AWARD $ 33 500, 00 Award for condemnee's attorney $ fees REPORT OF COMPENSATION COMMISSIONERS MINUTES OF DELIBERATIONS Date: April 17, 2003 Time: 1 1-1 10 Place: 511 S. Capitol St., Iowa City, IA Members present: Ken O'Donnell, Deanna Miller, Allan Berger, Joe Gjovig, Don Sehr, and Elmer Hahn Minutes: •., A - - - �1 i fc k Behr -c *t.,e Cc-1,1 Tn - 014-y , �'2� n�n erQ to e5 o..s -6,, tic cowl 04.‘s -Ross ci4la PY� l.vc tpPes-010;_+rec,� *ILe Fojec+ tin '401`e 4- -HA- -c l o �Q CD wt uJt 1SS +t) en_ r 1.CA1/1 T1VAS1vA0\.t7" �s0wA ODA.. Apj rGtserS ,Le A f Pcs�.n -G4.4cOv� -k12 -4�n e CDIA, +s S►O vt- P 1C to +.vl+vici 4-Ae Ce J�,{1? r r l s Sz t avir� re1)ovtceck +0 p)Ps+IOV.S ,-11rO� A Ce4Av1AL SioViA.ers C4v i s o-C-c er; v `3,3" X S O O 4o -\-k e ro v et--kt 0(.4.)vt e t-_ L.o.,t1 he Vi2lc1 ice. c .vse61, sesscov% , Y,520- °To •ok-10rts 4e co,AcAect ,[> 4-ra ctcce -k-Le © 7-ec o -1Lte r �� Q��J�3 o , OO • REPORT OF COMPENSATION COMMISSIONERS Results of votes taken by the Commissioners during the meeting are as follows: Date: April 17, 2003 Time: f '-13 S- 533 5 0 0• DO 533500• DO COMMISSIONER NAME CATEGORY VOTE Ken O'Donnell Licensed Real Estate c' Deanna Miller Licensed Real Estate e c Allan Berger Knowledgeable by Occupation e 5 Joe Gjovig Knowledgeable by Occupation e S Don Sehr Owner Agricultural Property P Elmer Hahn Owner Agricultural Property 2 S Note to Commissioners: Complete a separate sheet for each vote taken. The results of each vote taken during closed session must be made public after reconvening in open session. -n C.X1_ n -. • is - w •--J /• N REPORT OF COMPENSATION COMNIISSIONERS WITNESS OUR HANDS at Iowa City, Iowa, the day and year last above written. 4-J,141.,4 „ePM "11 N JOHNSON COUNTY SHERIFF' S DEPARTMENT P.O. BOX 2540 IOWA CITY, IA 52244-2540 DATE : 05/14/03 ***** PROCESS SERVERS WORKSHEET ***** CP#: 000020033286 DOCKET: 000020033286 AGENCY: 000020033286 PLTF: JEBB,LC PROCESS TYPE: NOTICE-_- VS . DFND: WILLIAMS,KAREN _ __ AOR: 0000631 MEARDON, CHARLES A AOR PHONE: 3193389222 -- ; COURT OF ORIGIN: NON COURT ACTION CP#/PARTY : 000020033286-01 DATE ASSIGNED: 05/14/03 SERVER: 00001-UNASSIGNED _ SERVER ENTRY SERVE BY: @-9�0-0,LQ_0 05 / 703 r� I ) t\ I DATE: J TIME : I oAM/PM HAZARDS : /f SERVICE TYPE: 1,5 I/1 PARTY: IOWA CITY, CITY OF : 410 E WASHINGTON ST BY SERVING: ^1\ai / IOWA CITY IA 52240 RACE: HEIGHT: RACE: HEIGHT: WEIGHT: SEX: /� WEIGHT: SEX: k HAIR: EYES : 4(/ HAIR: EYES : DOB: 00/00/00 SSN: DOB: PHONE: SERVED AT: EMPLOYER: 30 0 VEHICLE: YEAR: MAKE: MILEAGE SERV FEE: MODEL: LIC PLATE : STATE: MISC1 MISC2 DESCRIPTION: COMMENTS : C/O CITY CLERK # DATE TIME SERVR REASON 1 2 SIGNATURE DATE 3 TITLE 4 5 END OF CASE FILE JOHNSON COUNTY SHERIFF' S DEPARTMENT P.O. BOk-2'..5 O IOWA CITY, IA 52244-2540 DATE: 09/12/03 ***** PROCESS SERVERS WORKSHEET ***** CP#: 000020036198 DOCKET: 000020036198 AGENCY: 000020036198 PLTF: UNION PLANTERS BANK PROCESS TYPE : NOTICE n, VS. DFND: GERGAS,NICHOLAS n v, y=; --0 -11 AOR: 0000844 BURKE,THOMAS HLn n-c n AOR PHONE: 5152886041 r -v 171 COURT OF ORIGIN: NON COURT ACTION CP#/PARTY : 000020036198-01 DATE ASSIGNED: 09/12/03 SERVER: 0 01 U&SSIGNED SERVER ENTRY SERVE BY: 00/00/00l- l �` DATE: l- O�) TIME: l {1)O AM/PM HAZARDS : {�,` ;00SERVICE TYPE: ` ' PARTY: IOWA CITY, CITY OF : 410 E WASHINGTON BY SERVING: r, 4( crr- IOWA CITY IA 52240 ( , RACE: HEIGHT: RACE: Li HEIGHT: WEIGHT: SEX: WEIGHT: SEX: HAIR: EYES : HAIR: EYES: DOB: 00/00/00 SSN: DOB: PHONE: SERVED AT: EMPLOYER: 4th E c ,►,,,kv,n VEHICLE: YEAR: MAKE: MILEAGE ' aLLI SERV FEE: MODEL: LIC PLATE: STATE: MISC1 MISC2 DESCRIPTION: COMMENTS : # DATE TIME SERVR REASON 1 2 SIGNATURE DATE 3 TITLE 4 5 • 1 • NOTICE OF NONJUDICIAL FORECLOSURE OF NONAGICU UBAL MORTGAGE PURSUANT TO IOWA CODE CHAPTER 6 T , _. TO: City of Iowa City Judgment for fine and costs entered in c/o Iowa City Clerk ICSTIC144009,judgment entered May 410 E. Washington St. 26, 2003. Iowa City, IA 52240 YOU AND EACH OF YOU ARE HEREBY NOTIFIED THAT Union Planters Bank,N.A. has formally commenced allonjudicial Foreclosure of Nonagricultural Mortgage Pursuant to Iowa Code Chapter 655A. That attached hereto, marked Exhibit"A,"and by this reference made a part hereof, is a true and accurate copy of the Note(hereinafter referred to as the"Promissory Note No. 1")given by Nicholas W.Gereas and Mari L.Matthews in favor of Union Planters Bank,N.A. That attached hereto,marked Exhibit"B,"and by this reference made a part hereof, is a true and accurate copy of the Promissory Note(hereinafter referred to as the"Promissory Note No.2")given by Nicholas W.Gergas and Mari L. Matthews, in favor of Union Planters Bank,N.A. That attached hereto,marked Exhibit"C",and by this reference made a part hereof is a true and accurate copy of the Mortgage(hereinafter referred to as"Mortgage No. 1")given by Nicholas W.Gergas and Mari L.Matthews,in favor of Union Planters Bank,N.A.,securing the above-referenced Promissory Note No. 1. That attached hereto,marked Exhibit"D",and by this reference made a part hereof is a true and accurate copy of the Mortgage(hereinafter referred to as"Mortgage No.2")given by Nicholas W.Gergas and Mari L.Matthews,in favor of Union Planters Bank,N.A.,securing the above-referenced Promissory Note No.2. The above-described Mortgage No. 1 and Mortgage No. 2 are mortgage liens on the following described real estate located in Iowa City,Johnson County, Iowa,to-wit: Lot 244,Mount Prospect Addition,Part V,according to the plat thereof recorded in Book 32,Page 285, Plat Records of Johnson County,Iowa. Locally known as 1953 Lakeside Drive, Iowa City,Iowa 52240. There is a default pursuant to the terms and provisions of Promissory Note No. 1 and Promissory Note No.2 which said Mortgage No. 1 and Mortgage No. 2 secure. There is presently past due and owing on Promissory Note No. 1 and Promissory Note No.2 the following sums: 1) Past due payments of principal, interest,late charges and fees as of July 20,2003 for Promissory Note No. 1 $8,727.66 di\t\U\ ' ,,O "1 `TOTAL: $8,727.66 kb.3'1° )\O plus interest per day,late charges, attorney's fees and costs 0 0 :Z Na S 1 d3S HOZ C11( viee)ite:y) � LQrLCo� 2) Past due payments of principal, interest,late charges and fees as of July 20,2003 for Promissory Note No.2 $1,911.81 TOTAL: $1,911.81 plus interest per day,late charges, attorney's fees and costs You and each of you are hereby notified that,unless within thirty days after completed service of this Notice of Nonjudicial Foreclosure of Nonagricultural Mortgage Pursuant to Iowa Code Chapter 655A upon you,that the above amounts,plus all accrued interest,attorney's fees,advancements and abstracting costs are paid in full at the office of Thomas H.Burke,Attorney at Law,Whitfield&Eddy,P.L.C.,317 Sixth Avenue,Suite 1200,Des Moines, Iowa 50309,or a rejection to this Notice pursuant to Iowa Code Section 655A.6 is served upon: Thomas H.Burke Whitfield&Eddy,P.L.C. 317 Sixth Avenue,Suite 1200 Des Moines, Iowa 50309 and filed with the Johnson County(Iowa)Recorder,the Mortgage No. 1 and Mortgage No.2 as previously referenced will be foreclosed. Attached hereto,marked Exhibit"E",and by this reference made a part hereof is are true and accurate copy of the 30-Day Cure Notice sent to Nicholas W. Gergas and Mari L.Matthews by representatives of Union Planters Bank, N.A.. WITHIN THIRTY (30)DAYS AFTER YOU RECEIVE THIS NOTICE,YOU MUST EITHER CURE THE DEFAULT DESCRIBED IN THIS NOTICE OR FILE WITH THE REORDER OF THE COUNTY WHERE THE MORTGAGED PROPERTY IS LOCATED,A REJECTION OF THIS NOTICE AND SERVE A COPY OF YOUR REJECTION ON THE MORTGAGEE IN THE MANNER PROVIDED BY THE IOWA RULES OF CIVIL PROCEDURE FOR SERVICE OF ORIGINAL NOTICE. IF YOU WISH TO REJECT THIS NOTICE,YOU SHOULD CONSULT AN ATTORNEY AS TO THE PROPER MANNER TO MAKE THE REJECTION. IF YOU DO NOT TAKE EITHER OF THE ACTIONS DESCRIBED ABOVE WITHIN THE PERIOD OF THIRTY(30)DAYS,THE FORECLOSURE WILL BE COMPLETE AND YOU WILL LOSE TITLE TO THE MORTGAGED PROPERTY. AFTER THE FORECLOSURE IS COMPLETE,THE DEBT SECURED BY THE MORTGAGED PROPERTY WILL BE EXTINGUISHED. WHITFIELD& EDDY,P.L.C. 317 Sixth Avenue, Suite 1200 Des Moines,Iowa 50309-4195 Phone(515)288-6 7 . ax: (515) 46- 4 >G-IJ ),10 By: , . it( Thott‘ . Burke PK0000602 `0 :Z tI8 S I CIjs za" ATTORNEYS FOR UNION PLANTERS BANK,N.A. NOTE • (WITH LENDER OPTION TO ADJUST RATE AT 5 YEAR INTERVALS AND LENDER OPTIONS TO CALL) THIS NOTE PROVIDES FOR UP TO FOUR CHANGES IN MY INTEREST RATE THAT MAY BE MADE AT THE EXCLUSIVE OPTION OF THE LENDER. THIS NOTE LIMITS THE MAXIMUM RATE I MUST PAY. THIS NOTE ALLOWS THE LENDER TO DEMAND PAYMENT IN FULL AFTER FIVE (5) YEARS AND EVERY FIVE (5) YEARS THEREAFTER. 104,000.00 August 30, 1999 1. BORROWER'S PROMISE TO PAY For Value received,I (hereinafter,'Borrower",T,or'My')promise to pay to the order of UN ION PLANTERS BANK, NATIONAL ASSOCIATION (the"Lender")at 100 WEST FRONT STREET, HATTIESBURG. MS 39403 or such other place as may be designated in writing by the person entitled to collect,the original loan amount of 104,000.00 (U.S.$104,000.op plus any increased amounts added in accordance with this Note (The total amount is called 'principal"), plus interest. I understand that this note may be transferred or assigned. Anyone who takes this Note by transfer or assignment and who is entitled to receive payments under this Note is also called the'Lender." 2. INTEREST Interest will be charged on the part of principal which has not been paid. Unless otherwise agreed,interest will be charged beginning the date the funds are disbursed and continue until the full amount of principal has been paid. I will pay interest ata yearly rate of Eight and 1/4 percent ( 8.2500 %). This rate is called the"Initial Rate of Interest". The rate of interest I will pay may change in accordance with this Note. The rate of interest required by this Note is the rate I will pay both before and after any Q default. 3. PAYMENTS CC.C A. Time 11 , 0— �^ I will pay principal and interest by making payments every month. I will make r'y nontNy payments ,the U_-1 tf, 0First day of each month beginning on October 1, 1999 . I will make these U payments every month until I have paid all the principal and interest and any other charges described below that a„ ,4 I may owe under this Note. My monthly payments will be applied to interest before principal. The original V maturity date of this loan shall be September 1, 2024 • QB. Amount of Monthly Payments My monthly payments will be in the amount of U.S. 819.99 . This amount may change if the rate of interest that I must pay changes. The Lender will determine my new rate of interest and the changed amount of my monthly payment in accordance with this Note. 4. OPTIONAL INTEREST RATE AND MONTHLY PAYMENT CHANGES The Lender may at its exclusive option change my interest rate and the resulting amount of my monthly payment on each Change Date(as defined below). My interest rate and monthly payment may only be changed by the Lender four times during the term of this Note. If the Lender elects to exercise any of its four options to change my interest rate and monthly payment on a Change Date,the Lender will give the Notice of Change to me as required by this Note. The Lender will in no event be obligated to exercise any of its four options under this Note or to change my interest rate and monthly payment or to send me a notice if no change is made. If the Lender fails to give any Notice of Change for any one of the four options, its right and option to change my interest rate and monthly payment win terminate as to that change date only, and my monthly payment will remain the same,unless I have been given an annual statement or other statement which discloses the new rate and 1 have made at least one payment after the date of said statement in which event the notice shall be deemed waived and I will pay at the new rate until the next change date_ Failure to exercise an option to change the interest rate and monthly payment at one option date will not effect this right to change the interest rate and monthly payment at future dates. If the Lender elects to change my interest rate and monthly payment and gives the Notice of Change to me,my interest 1.1.1 rate and the amount of my monthly payment for the remainder of the term(or until next changed under the optional provisions)of this Note will be determined by the Lender in accordance with the provisions of this Note which follow A. Change Date Beginning in 2004 the interest rate I will pay may change on the first day of September, and on that date every sixty(60) months thereafter at the option of the Lender. Each date on which the rate of interest could change is caped a'Change Date. B. The"Index" If the Lender elects to change my interest rate,then my new rate will be based on an index. The index"will be rthe Federal National Mortgage Association's required net yield for 30-year fixed rate(Actual/Actual)whole loans � subject to a 60-day mandatory delivery commitment, as made available by Federal National Mortgage Association. The most recently available index at the close of business as of the date 45 days before,but not including the Change Date,is called the"Current Index." If the Index is no longer available, the Lender will choose a new index that is based upon substantially LJ comparable information. The Lender will give me notice if it chooses another index. AP/ MATNEWSM9071580 MLC 238 (10/98) ARM 5 PAGE 1 OF 4 LN/ 9210134950 C. Calculation of Changes Before any of the optional Change Dates,the Lender or its agent may calculate my new interest rate by adding Two percentage point(s) ( 2.0000 %) (the'Margin')to the Current Index. The Lender will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%).Subject to the limit stated in this Note,this rounded amount will be my new interest rate until the next Change Date. If a new interest rate is calculated, the Lender will then determine the amount of the monthly payment that should be sufficient to amortize the remaining principal balance over the remaining term. The result of this calculation will be the new amount of my monthly payment. 13. Limits on Interest Rate Change The yearly interest rate I am required to pay at any Change Date will not be greater than Fourteen and 1/4 percent( 14.2500 %),which is called the'Maximum Rate.' E. Effective Date of Change My new interest rate will become effective on the Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date. F. Notice of Change The Lender will give me a notice of any change in my interest rate and the amount of my monthly payment(the 'Notice of Change") at least 25, but no more than 120, calendar days before the due date of the first monthly payment at the new amount. der- 5. LENDER'S RIGHT TO DEMAND PAYMENT IN FULL '• I The Borrower hereby grants and agrees and the Lender accepts and retains the option and right to call the loan and require payment in full of all sums due and owing on this Note, and other sums secured by the Security Instrument securing this Note on the date of the 60th scheduled payment and every 60th scheduled payment �J thereafter. The Lender agrees to give me at least 90 days prior notice before calling the loan due and payable. ti The Lender shall have no obligation to refinance my loan. Failure to exercise this option at one call date wdl not affect the Lender's right to exercise the option at future call dates. co LI 0 6. BORRO'WER'S RIGHT TO PREPAY I have the right to make payments of principal at any time before theyare due. A payment of principal onlyis • known as a'Prepayment.' When I make a prepayment,I will tell the Lender in writing that I am doing so. I may make a full prepayment or a partial prepayment without paying any penalty. If I am current,then the Lender will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a partial prepayment,there will be no delays in the due dates of my monthly payments unless the Lender agrees in writing to those delays,nor will there be any changes in subsequent monthly installments unless approved by the Lender. 7. ANNUAL STATEMENT OF ACCOUNT Lender may in its sole discretion,from time to time, provide Borrower statements and accountings of transactions and charges relating to the loan. These statements and accountings may describe the application of payments to principal, interest and escrow; and disclose fees charged and escrow transactions. These statements and accountings may also reconcile beginning and ending principal and escrow balances, reflect the current interest rate, and disclose the calculation of any adjustable interest rate changes. The Borrower agrees to read the 'statements and accountings and immediately notify Lender of any discrepancies or of any calculation which Borrower believes to be incorrect. It is agreed that the Borrower shall have one year from the date of the statement and accounting and/or interest rate adjustment within which to notify the Lender of any errors or disagreements with any data disclosed including but not limited to principal balance, interest rate,remaining term,escrow transactions, application of payments,fees and late charges. Unless the Lender is notified of any dispute within one year from date of the statement and accounting or the adjustable interest rate calculation,then Borrower agrees that all matters disclosed in the statement and accounting shall be deemed to be correct and the Borrower agrees that all of his/her rights for any and all corrections, LLJ including interest rate calculations,shall be forever barred and waived. CraV The Borrower further acknowledges that the amount of the monthly payments as originally determined or from time to time modified may not fully amortize the loan and borrower agrees to pay at maturity of the loan any unpaid Diffis principal balance that may remain plus interest at the last applicable rate until the loan is fully paid. 8. LOAN CHARGES The Lender may require the Borrower to deposit funds in an escrow account for the payment of taxes,insurance, and other matters. The Lender may not charge Borrower for escrow services, unless Lender pays Borrower interest on the funds. However, Lender may require Borrower to pay a one-time charge for a real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless a written agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the funds. Borrower agrees that all escrow accounts are for the limited Cla a of providingfunds from which Lender maythe costs of matters required pay to be paid by Borrower as part of the loan. Lender shall have a security interest in all escrow funds and may apply the escrow funds to the loan. e a Lender shall have no fiduciary duty with regard to any escrow account By way of illustration and not by limitation. the Lender shall have noto item for which funds are escrowed, noinquireany duty pay anyduty to as to bill ILLA presented for payment,no duty to contest any tax assessment,and no duty to procure any insurance. If Borrower fails to fulfill any loan requirement, API MATNENSM9071580 MLC 238 (10/98) ARM 5 PAGE 2 OF 4 LN/ 9210134950 then Borrower shall have bre rd the loan agreement and shall be in .ault; and without curing the default • Lender may fulfill the requirement and charge Borrower's loan for all costs and may use any or all of the escrow funds and all costs shall be immediately due and payable by Borrower including replacement of any escrow funds used. If Lender elects to fulfill a loan requirement,then Lender shall have no duty to act for Borrower's benefit,no duty to shop for product or price,but to the contrary may deal with itself or any affiliated person,may receive fees, commissions,or other compensation,and may act in Lender's interest only or for the interest of both Borrower and Lender. When acting for the interest of Borrower,Lender shall have no duty to act in Borrower's best interest,but only to act reasonably. Borrower agrees that Lender's interest includes the full value of the collateral and not just the amount of the debt. Any waiver by Lender of the required escrow deposits may be revoked by Lender at its sole discretion upon notice to Borrower. The Lender may collect fees for all loan services including but not limited to recording, copying, assumptions, modifications, partial releases, fax transmission services, any other fees or charges permitted by Government- sponsored agencies such as FHA,VA,FNMA,FHLMC or GNMA,and any fees disclosed in Lender's or Servicer's fee schedule which may change from time to time. The Security Instrument may be canceled in any manner permitted by applicable law and Lender may charge borrower for all expenses of cancellation and may charge fees relating to the cancellation. 9. BORROWER'S FAILURE TO PAY AS REQUIRED A. Late Charge for Overdue Payments If the Lender has not received the full amount of any of my monthly payments of principal and interest by the end of 15 calendar days after the date it is due, I will pay a late charge to the Lender. The amount of the charge will not exceed Five percent( 5.0000 %) of my overdue payment of principal and interest. I will pay this late charge only once on any late payment and this late charge shall be immediately'due and payable without demand. B. Default If 1 do nct pay the full amount of each monthly payment on time,I will be in default. If 1 am in default,the Lender may require me to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount. Even if, at that time when I am in default, the Lender does not require me to pay immediately in full,the Lender will still have the right to do so if I am in default at a later time. Any waiver of any payment hereunder or under the instruments securing this Note at any time shall not in any other time be taken as a waiver of the terms of this Note or the instruments securing it. • In the event of my default or insolvency, any moneys or other property at any time in the possession of the Lender belonging to any of the parties liable hereon to Lender,as well as any deposits, balance of deposits,or other sums at any time credited by or due from Lender to any said parties, may at all times, at the option of 'S✓� ° � Lender, be held and treated as collateral security for the payment of this Note whether or not due, and Lender may at any time, at its option,set off the amount due or to become due hereon against any claim of any said �� S/ 'v� parties against Lender. Q/ It is agreed that time is of the essence,and in the event of the failure of the Borrower to do and perform any of the obligations of this Note and Security Instrument,the filing of a voluntary petition of bankruptcy by me or the bringing of any insolvency proceedings against me,then at the option of the Lender,the total debt shall then the thereby become due and payable. C. Payment of Lender's Costs and Expenses If this Note is placed in the hands of an attorney for collection orf any action at law or in equity is brought with respect hereto,then the Borrower shall pay the Lender all costs and expenses and, in addition, an attorney's fee not less than 15%of the amount due,unless further limited by state law,together with all other charges and expenses,such as returned check fees,and inspection and appraisal fees in the event of a default hereunder. 10. GIVING OF NOTICES All notices must be in writing. Unless applicable law requires a different method of giving notice, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by fust class mal addressed 1,1.1to Borrower at the property address or at a different address if Borrower has given the Lender a notice of different CneV address. Any notice that must be given to the Lender under this Note will be given by mailing it by first-class mail to the Lender at the address stated in this Note or at a different address if Borrower has been given notice of that Cale different address. 11. OBUGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note,each person is fully and personally obligated to keep all of the promises made in this Note,including the promise to pay the full amount owed. Any person who is a guarantor,surety,or endorser of this Note is also obligated to do these things. Any person who takes over the obligations under this Note or any person who takes over 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 Lender may enforce its rights under this Note against each r•=eria i person individually or against some or all of us. This means that any one of us may be required to pay all the .==eri amounts owed under this Note. Eta 12. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. _ Dishonor'Presentment'means the right to require the Lender to demand payment of amounts due. 'Notice of ` means the right to require the Lender to give notice that amounts due have not been paid. A N# MLC 238 (10/98) ARM 5 PAGE 3 OF 4 L 921013495071580 Nar 9210134950 13. THIS NOTE SECURED BY l ED OF TRUST,MORTGAGE OR SECU. ,Y DEED In addition to the protections given to the Lender under this Note,a Deed of Trust, Mortgage or Security Deed the 'Security Instrument')dated the same as this Note, helps protect the Lender from losses which might result it I do • not keep the promises which I make in this Note and reference to which Security Instrument is hereby made for all purposes. I understand that the Lender does not have to try to collect the money I owe from the property described in the Security Instrument,and the Lender can rely solely on this Note or on this Note and Security Instrument. I further understand that I will be liable for any deficiency that results if the property described in the Security Instrument does not satisfy the debt. 14. LIMITATIONS ON MY RIGHTS TO ASSIGN THIS LOAN I understand that the terms of this loan have been granted to me based upon current market conditions and my personal financial statements,as well as other matters considered relevant by the Lender. Accordingly, in addition to the provisions of the Security Instrument,I agree that if I sell,lease,transfer,or convey the property described in the Security Instrument, which secures this loan, then the Lender may accelerate the entire indebtedness or at Lender's option may require(a)a change in the current Interest Rate,(b)a change in(or removal of)the limit on the amount of any interest rate change(it there is a limit), (c) a change in any margin to be used in determining future interest rates, (d)charge a transfer fee,and/or(e)such other reasonable modifications It deems in its best interest, or all or part of these,as a condition or conditions of Lender's waiving the option to accelerate. 15. GOVERNING LAW For purposes of perfecting and enforcing the security interest, the Security Instrument shall be governed by the laws of the state where the property is located. For all other purposes,the Security Instrument and this Note and all actions arising from or related to this loan shall be governed by the federal laws and regulations applicable to Lender and the laws of the state in which Lender is domiciled to the extent those state laws do not conflict with applicable federal law. Except as to foreclosure and possessory actions, all legal actions involving the Security Instrument and/or the loan secured thereby shall be brought and maintained only in a court of competent jurisdiction in the state of Lender's domicile or in a federal court in a state where the property is located. If, after the date hereof,enactment or expiration of applicable laws have the effect either of rendering the provisions of this Note,the Security Instrument or the Adjustable Rate Rider unenforceable according to their terms, or all or any part of the sums secured hereby uncollectible,or of diminishing the value of Lender's security,then Lender,at Lender's option, may declare at sums secured by the Security Irsbunerd to be 'arsnediafely due and payable. in such event, O _ Borrower shall not have the right to reinstate. If I contend that the loan terms violate any law or regulation,then I l' agree to notify the Lender and that the Lender may modify and/or adjust the loan to comply with applicable law;and if the Lender makes such modification and/or adjustment, then I waive any and all other remedies and release C) ,, Lender from all consequential and punitive damages, if any. I agree that this loan has been entered into in good \ (� faith by me and Lender without intent to violate any law or regulation. 16. MODIFICATIONS TO LOAN -C Without affectingmyliabil or the liability of other Lei t �j ►tY ity any person(except any person expressly released in writing)for C!� Q payments of any indebtedness evidenced hereby or for performance of any obligation contained herein and without affecting the rights of the Lender with respect to any security not expressly released in writing,the Lender may at the request of any one or more persons who are obligated by this Note or the Security Instrument and,at any time and from time to time,either before or after the maturity of this Note,and without notice to or consent of any other persons;(a)Release any person liable for payment of all or any part of the indebtedness or for performance of any obligation; (b) Make any agreement extending the time or otherwise altering the terms of payment of all or any part of the indebtedness,or modifying or waiving any obligation,or subordinating, modifying,or otherwise dealing with the Security Instrument;(c) Exercise or refrain from exercising or waive any right the Lender may have;(d)Accept additional security of any kind;and(e) Release or otherwise deal with any property,real or personal,securing the -71 indebtedness,including all or any part of the property described in the Security Instrument. 17. ARBITRATION Any controversy or claim arising out of or relating to this document or any transactions,events or contracts in any LIU way relating to or arising from this document, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA) and AAA judgment( Irrdg upon the award rendered by the ICC arbitrator may be entered in any Court having jurisdiction thereof. If a separate Alternative Dispute Resolution Agreement and/or Arbitration Agreement now or hereafter exists between any of the parties to this document,then all parties agree to be bound by the separate Alternative Dispute Resolution Agreement or Arbitration Agreement which shalltotally supersede this arbitration provision. If the separate agreement is determined for any reason to be invalid or unenforceable,then this arbitration provision may be enforced by any party. WITNESS the hand(s) and seal(s)of the undersigned. efa 1 44:/a.,..,..a/7/1221exp-I MATHEW -Borrower ♦ NICHOLAS W GERGAS (Seal) -Borrower (Seal) ♦ (Seal) -Borrower -Borrower 1953 LAKESIDE DRIVE Property Address IOWA CITY ,IA 52240 City and StateAp# MATHEWSM9011580 MLC 238 (10/98) ARM 5 PAGE 4 OF 4 LN# 9210134950 • • PROMISSORY NOTE .., 17 QB1 191$tt1U1 '' _ 1-11 s �t:olla of !. _ ' lti � -1 ... — _ t s r 1.; . 08�Y .1); �'t,:: l _ _ -+ . . e-' 1041 760600 r14,7" w ri Reterences In the shaded area are for Lender's use only and do not Omit the eppecabfely d this document he any_pedicular loan or Mem. Borrower: Marl L Mathews ISSN: 505-7E-37891 Lender_ union Planters Ba*,MA Nkhotes W.Geegas (SSM 467-04-0900) Iowa City Banking Center 1953 Lakeside Orae 15e East Court lows Catty,IA 52240 • P.O.Boa 265e - lows City,IA 52240 - h Principal Amount $26,000.00 interest Rete: 9.250% Date of Note: August 30,1999 PROMISE TO PAT- 1 promise to pay to Union Planters Bank,NA_(tender"),or ogees,In lawful money of OW Untied States of America.the principal amouad of Twenty Ste Thousand a melte Dollars(526,(00.00).tlgeaxr with Interest al the rate of 5250%per emus on the unpaId principal balance from September 3,1991,until paid In tul. - PAYMENT- I wit pay this loan la 5t regular payments of$267-39 each and one Irregular last payment estimated at 521,15124. My nest payment U due September 30,1999,and all subeequenl payments we due on the same day of each month eller that. My"nal payment due August 30,2004,wig be tor all principal and at accrued briefest not yet paid. Payments Include principal end Interest interest on be Note is computed on a 30/360 staple Interest basis;that Is,with the eecospeon of odd days in the first payment period,monthly interest is calculated by applying the ratio of the annual Interest tele over a year of 360 days,nalepeod by the ouAstandng prindpd balance,mutt/pled by a month of 30 days. Interest for the odd days h calculated on the bash d bre actual days to the neat lull month and a 360-day year. I whit pay Lender al Lender's address shown above or a1 such other place as Lender may designate in wring. Unties otherwise agreed or required by applicable law,payments wit be rippled first to accrued unpaid interest,then to principal,and any remaining amount to any unpaid crew-eon costs and lata charges. PREPAYMENT.I agree That al loan lees and other prepaid Mance charges are earned fitly as d the date of One loan and wit not be subject to refund upon early payment(whether voluntary or as a result of detati),except es olherwhe required by law. Except Ice the tumgdng,I may pay without penalty al or a portion of the amount owed eerier than I Is due. Early payments wit rd,urtess agreed to by Lender In writing,relieve me d my obligation to comers a to make payments under the payment schedule. Rather,they wall reduce the principal balance due and may result M me making tower payments. LATE CHARGE.if a payment is 16 days or more tate, wd be charged 5.000%of the regularity scheduled payment DEFAULT. 1 wit be In defeat If any of be Mowing happens (a)I hill to make any premed when due. (b)I break any promise i have made to Lender,or I fat to conQy with or to perform when due any other term,obleaion,covenant or car.YU,n contained In this Note or any agreement misted to this Nee,or In any other acreemeri or loan I have with Lander. (c)Amt ragtesentaion or statement made or furnished to Lender by ea or on my behalf is tape or misleading in any material respect ether now or at M Twee mads or furnished. (d)I die or become Iradvent,a receiver Is appointed to arty part of my property,I make en assignment to the bonen of aediors.ar any proceedng is cuo,mmr.eA enter by me or agahnt nee under any ban ieuptcy or Insolvency lams (e)Amy creator tries to take any of my property on or in wticb Lander has a ton or smutty interest Thio k etu des a garris.Srrrert of May of my agents wRs Larder. (!)Any of to events des it ed is be defar3 sschon oG^ss was respect b any gwraHs cl INs Nob. m amt data iS.other than a default Sr mmnneri a curable and if 1 have nut been given a mics at a beech d the same Raisin at be Not.vitt*.be Reaming:seise(t2)mac.*b,s ray be=red(acrd am inert Y detw_ft en Jane cc:ared)s t atter receiving"melee mace fora Carate,term '9 cue of such debate (a)are the default within Dirty(30)days or (b)i the cure requires more Can bey(30)days,kmnealabey kieak slaps which Lender deems in Lender's sole dsueton to be sufficient ft are Ire default and thereafter creamer and complete all reasonable and necessary steps sett/dent 10 produce comrp5arree as soon as reasonably practical. LENDER'S RIGHTS. upon default,Lender may dockets the mitre unpaid priopd balance on this Note and all accrued unpaid interest Immediately due,without notes,and then I awl pay that amount- Upon default,Including failure to pay upon final maturity,Lando,al is option,may nee,s permuted under appicable law,increase the interest rate on this Note to 2IJXUS per annum. The hrteresl rate wit not emceed Bre maximum rare permitted by applicable law. lender may tare ce pay someone else b help collect be Note t 1 do not pay. I also will pay lender that amount This Includes,subject to any limes under applicable law,Larder's adcrreys'fees and Lender's legal earperssess whether or not there Is a 116,15161,lecturing attorneys'fees and legal expenses for bankruptcy proceedings(Including allots to mvc ty or vacate any automate stay or krjshction),appetite and any anticipated pad-judgment eotecton services. C not prefele ed by eppmksble law,i also wt pay army coal cods.In add on to et other semis provided by law- This Nota has been delivered to Lender and accepted by Lendef in be Slate of Iowa. If there Is a%waun,I agree upon Lenders request to subst te The jurisdiction of the courts of.ottnsod Courtly,the State of Iowa- SObfecf to the provIsioas on arbtthstbn,this Note shat be governed by and conslr»W In accordance with the taws of Rhe Stele of Iowa. RIGHT Of SETOFF. i grant to Lender a contractual securer Interest hr.and hereby assign,convey,delver,pledge,end Minstar to Lender at any right, Me and Interest In and to,my arouses with Lender(whether checking,savkgs,or some other account),including without amitalcn al accounts held joiney with some me else and al accounts I they open in the future,occluding however al IRA and Keogh accounts,and as trust accounts be which the greet of a security Interest would be prohibited by law. I authorize Lender,to to relent permitted by appecable law,to charge or solve all sums owing on this Nob agelnsi any and al such accounts. COLLATERAL.This Note Is secured bye Mortgage cucule.d on August 30,1999,In lavor of Lender on real property located In Johnson County.`'.•late d Iowa Retmand Is hereby made to said Mortgage Ice a statement of rights well respect to colateral,prepayments or acceleration. The Note Is entitled lo the tangles of such Mcalgegs ARBRRATIOte Lender and I agree that alt dkputes,eking and cdsboverdes between u s,whether Individual,Joint,or cease M nature,aching trade thio Note or ollan'eTse,indudIng without Iantatlon context end tort disputes,Nall be mortared purstheni to the Rules cd bra Arrherfcat Arbltranon Assoclelloe,upon request of either party. No ad to take or dispose d any property securing itis Nola stall cohsikdo it waiver d this arbitration egreemerd or be prohibited by tate arblralon agreement Title includes,without emitalor4 obtaining knj rrtw relief or e lam,perary restraining order;imroldng a power of see under army deed of trust or mortgage:obtaining a wag d attacisrarlt or imposition of a receive;or exercLsirg any rights relating to personal property,Isdudrg taking or disposing of such property wen or wrthoei judked process pursuant to Arlida 9 of the lhifom Commercial Code. Any deputes,dims,or oentroeerrsles concerning he lay/tubas'or reasonableness of any act,or mercers d any right. concerning any property seeufrhg tis Abba,Including any dalm In rescind,mean,or odherwtsa madly any movement robing to the property seeming this Note,shut also be arbitrated,provided however that no rbandcr shell have the rlgi or in power to oval or restrain any act of any party. Judgment upon any award rendered by wry ebonite may be entered In any court Aaetng judsActds Noting km this Nolo shat seedede any arty hem seeking equatbte reed from a tout el competent jlriedk on. The statute of$nrdalons,estoppel,waiver.lathes,and limier dodr/ea which weld atones*lee applicable in an Didion brought by a pry shat be eppacabfe in arty abliafon proceeding,end the commencement d an arbiaaaon proceed/1g shall be deemed the commencement of an melon la Case purposes.The Federei Arbitration Ad slat appy to the construe*" Interpretation,and eriortemonl of tis arbitration prevision. PURPOSE-80130 Purchase Rmgrenl GENERAL PROVISIONS. lender may delay or largo endorsing wry of Rs rights or ferneries under this Note whoa losing Diem. I and way other person who signs,guraiees or endorses this Note,to M ardent allowed by law,wake presentment demand for paymerd,protest and nodc,s d dishonor. Upon any change in to terns of be Note,and unites otrwke amnesty staled n wrifrrg.no party who signs the Note,whether as maker. guarantor,accommodation maker or endorser.seal be released born"abate Al such pease agree that lander may renew or cedend(repeated/and Ice any length of erne)this loan,or release any party or guarantor or co0aterd;or Impair.ml Is menu upon or perfect Lender's 561:11111 INerest ti to colateral,and take any otter suitors deemed necessary by Lender without the consent of a melee b anyone. Al such parties alto agree that Lender ray modify Vis ban without the consent of or notice In anyone other than the party wigs when the madsfcason is mode. The°begeters under this • / Nob are jdnt and several- This nears Met the wends T, rner,and err mean each and ea of the parsons signing beiow- �' .p • • 08-30-1999 _- PROMISSORY NOTE Page 2 - Loan No (Continued) PRIOR TO SIGNING THItS NOTE,I,AND EACH OF US,READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE AND TIE ATTACHED NOTICE TO COSIGNER.I,AND EACH OF US,AGREE TO THE TERMS OF TIE NOTE AND ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THE NOTE AND ALL OTHER DOCUMENTS RELATING TO THIS DEBT. BORROWER deb Mathews 111 Nicholas W.Gems LENDER: Won Planters Baht NA. BF AuWardad OW/CCS Fu.eRaM Dalkon LASERPRO,R, VS PSL a TM WI.V..irt=k),Ms CFI ProSr.tsa,In.Ar rights,..r.sd PA-MOF5II$D PIPI5023XL$Rt.OVLI • 4- • �o • EHIBI1 PAGE _L. • ° %cy G 6 154 '> Prepared by: UNION PLANTERS PMAC 'Oy Cry oar or ATTN: POST CLOSING DEPARTMENT P 0 BOX 18001 HATTIESBURG, MS 39404-8001 N [Space Above This Line For Recording Data] AP# MATHEWSM9071580 MORTGAGE LN# 9210134950 THIS MORTGAGE("Security Instrument") is given on August 30, 1999 . The mortgagor is MARI L MATHEWS and NICHOLAS W GERGAS, WIFE AND HUSBAND ("Borrower"). This Security Instrument is given to UNION PLANTERS BANK, NATIONAL ASSOCIATION which is organized and existing under the laws of The United States of America , and whose address is 100 WEST FRONT STREET, HATTIESBURG, MS 39403 ("Lender"). Borrower owes Lender the principal sum of One Hundred Four Thousand and no/100 Dollars(U.S. S 104,000.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on September 1, 2024 • This Security Instrument secures to Lender: (a)the repayment of the debt evidenced by the Note,with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in Johnson County, Iowa: SEE 1XHIBIk"A"ATTACHED HERETO CONSISTING OF ' PAGE(S) AND SIGNED FOR I:BENTIFATION PURPOSES. • 1.- tin O. which hast addres of 1953 LAKESIDE DRIVE, IOWA CITY [street,City], Iowa "--/ 52240 [Zip Code] ("Property Address"); IOWA-Single Family-FNMA/FHLMC UNIFORM INSTRUMENT Form 3016 9/90 -6R(IA)195o6LOI Amended 5/97 1 !",1111111111111 ii VMP MORTGAGE FORMS-9900!521-7291���,,, �,� Paps 1 of 6 MW 06/95.0! ,,,,,;,,, �j„/ �/y� , `l � ��� PAGE ' TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or 'hereafter a part of the property. All replacements and additions shall also be covered by this Security ' Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrancef record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uni5m covOants with Limited variations by jurisdiction to constitute a uniform security instrument covering real property. 0 VA UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: y �--t "'o "'t�l 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall ptptly Ail wh&lue the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due u»d 'the Note. 1�1 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Len r,l rrow r shat ay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("FuNfor:r(?)yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yfirly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flald insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Finuis chatl be held in an inctitut inn whose deposits are insured by a federal agency, ir_str.unentity, or entity (including Lender, if Lender is such an institution)or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made_ The Funds are pledged as additional security for all stuns secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender,prior to the acquisition or sale. of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last,to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b)contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or(c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. Form 3016 9/90 CO-6R(IA)r3so61.or rs Page a 6 Pia is HBi xR AP# MATNEWSM9071580 LN# 9210134950 • 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the , Property insured 'against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standar nortgaeclause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly gid oi'�Len all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insirarrr carter amender. Lender may make proof of less if not made promptly by Borrower. n — Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to t iration or repIA of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not les-sener If g res(6r }ion or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall ap 0i d to`ife sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. l ....Borrowiek abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offer/ea to seta a claim. then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition_ 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrverer's resideuce within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. lf, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve Form 3016 9/90 -6RIUA)t95061_or el ri'�3 o+e ® f • '€" PAW- API MA7HENSM9071580 _ , 'HUI -� �� LN# 9210134950tgfri • payments may no longer be required, a( the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for_paymelgor modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor iQnterest1 Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Leni)aall Mt be 152luired to commence proceedings against an',.' successor in interest or refuse to extend time for payment or otherw.. mo8ify a ization of the sums secured by this Seurity Instrument by reason of any demand made by the origin w� or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be iiter of or clMude the exercise of any right or remedy. m 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covens , pd 2gbeemeass of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, ect to gr provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and(c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing.Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. Form 3016 9/90 CD-6R(IA)(9506).0/ r Pegs 4 d 6 lo(t)s icer ® --;r- C Emit '- AP# MATHEWSM9071580 _ ..,,x[01 ® r, LN;1 9210134950 • 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delis eyed 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. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred: (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity(known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Sci,i..er unrelated to a sale of die Note. If there is a change of the Loan Servicer, Bon r vwei will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain anv other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal,.storage, or release of any Hazardous.Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property_ Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in celeration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Propert e noire shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the f absu proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. I1-ttte. efatbjt is not cured on or before the date specified in the notice, Lender, at its option, may require immediate pz ntent its fulrlff all sums secured by this Security Instrument without further demand and may foreclose this SectZ,tinstFemellitZliy judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remelt vide4in ',paragraph 21, including, but not limited to, reasonable attorneys' fees and costs of title evidence. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shah lease Secbrity Instrument without charge to Borrower. ti Form 3016 9190 CO-GRUA)195061.01 Pape 5 of 6 i r d APO MATHEWSM9071580 !I �y LNC 9210134950 NwG • 23. Waivers. Borrower relinquishes all right of dower and waives all right of homestead and distributive share in and to the Property. Borrower waives any right of exemption as to the Property. 24. Redemption Period. If the Property is less than 10 acres in size and Lender waives in any foreclosure proceeding any right to a deficiency judement against Borrower, the period of redemption from judicial sale shall be reduced to 6 months. If the court finds that the Property has been abandoned by Borrower and Lender waives any right to a deficiency judgment against Borrower, the period of redemption from judicial sale shall be reduced to 60 days. The provisions of this paragraph 24 shall be construed to conform to the provisions of Sections 628.26 and 628.27 of the Code of Iowa. c= r O . C�T� - HT o t m 0 C) o its 25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. [Check applicable box(es)] I-1 Adjustable Rate Rider []Condominium Rider 1-4 Family Rider I I Graduated Payment Rider 0 Planned Unit Development Rider []Biweekly Payment Rider 0 Balloon Rider 0 Rate Improvement Rider D Second Home Rider 0 VA Rider I X 1 Other(s) [specify] SPECIAL PROVISION RIDER BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. Witnesses: 97)94 -4121-JCI (Seal) MA I L MA HEWS -Borrower V-AL-t-r-L---' CA). (tel) NICHOLAS W GERGAS _Borrower (Seal) (Seal) -Borrower -Borrower STATE OF IOWA, JOHNSON • County ss: On this 30th day of August , 1999 . ,before me, a Notary Public in the State of Iowa, personalvappmed .MARI L MATHEWS and NICHOLAS W GERGAS , to me personally known to be the person(s)named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. My Commission Expires: Notary Public in and for said Comity and S!ate C-6MM Oi suet of Paps 6 d 6 '7 API MATHEWSM9011580 Forth 3016 ergo ''r PAGF `_� LN/ 9210134950 175.027 =7 Sd,. ,czkt .Tabb 3 t,bbP c- O Prepared By: Loan Administration, Union Planters Bank, NA., 7650 Magna Drive, Belleville, . (ti 436-51n2 Y -----111 ► s `n , RECORDATION REQUESTED BY: —'� Union Planters Bank,NA FILED N0: 150 East Court BOO , 7 'n (V P.O.Box 2658 9'RIG G •0 PI�'3'.5t Iowa City,IA 52240 y cp WHEN RECORDED MAIL TO: 30HhiSON COUNTY RECORDER N Union Planters Bank, NA Loan Admin. — T.E. IOWA Ct1x 10WA Followup 7650 Magna Drive Belleville,IL 62223 FOR RECORDER'S USE ONLY MORTGAGE THIS IS A PURCHASE MONEY MORTGAGE THiS MORTGAGE IS DATED AUGUST 30,1999,between Mari L.Mathews and Nicholas W.Gergas,husband and wife,as Joint Tenants with right of Survivorship,whose address Is 1953 Lakeside Drive,Iowa City, IA 52240 (referred to below as 'Grantor"k and Union Planters Bank, NA.,whose address is 150 East Court, P.O. Box 2658,Iowa City,IA 52240(referred to below as"Lender). GRANT OF MORTGAGE. For valuable consideration,Grantor mortgages and conveys to Lender and grants'to Lender a security interest In all of Grantor's right,title,and interest in and to the following described real property. together with all existing or subsequently erected or affixed buildings•improvements and fixtures;rents and profits;all easements,rights of way,and appurtenances;all water,water rights,watercourses and ditch rights Including stock in utilities with ditch a irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals,oil,gas,geothermal and similar matters•located in Johnson County,State of Iowa(the"Real Property"): Lot 244,Mount Prospect Addition,Part V,according to the Plat thereof recorded in Book 32,Page 286, Plat Records of Johnson County,Iowa The Real Property or its address la commonly known as 1953 Lakeside Drive,Iowa City,IA 52240. Grantor presently assigns to Lender all of Grantor's right,ttle,and interest in and to all leases of the Property and all Rents front the Property. In addition,Grantor grants to Lender a Uniform Commercial Code security interest In the Personal Property and Rents_ The lien on the rents granted in this Mortgage shall be effective from the date of the Mortgage and not just in the event of default. DEFINITIONS. The following words shall have the following meanings when used in this Mortgage. Terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts in lawful money of the United States of America Grantor. The word"Grantor means Marl L Mathews and Nicholas W.Gergas. The Grantor is the mortgagor under this Mortgage. Guarantor. The word"Guarantor"means and includes without limitation each and all of the guarantors,sureties, and accommodation parties in connection with the Indebtedness. Improvements. The word "Improvements' means and Includes without limitation all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word"indebtedness"means all principal,interest and late fees payable under the Note and any amounts expended or advanced by Lender to discharge obligations of Grantor or expenses incurred by Lender to eniorce obligations of Grantor under this Mortgage,together with interest on such amounts as provided in this Mortgage. Lender. The word"Lender means Union Planters Bank, NA,its successors and assigns. The lender is the mortgagee under this Mortgage. Mortgage_ The word 'Mortgage' means this Mortgage between Grantor and Lender, and includes without limitation all assignments and securely interest provisions relating to the Personal Property and Rents. Note. The word'Note'means the promissory note or credit agreement dated August 30,1999,in the original principal amount of$26,000.00 from Grantor to Lender,together with at renewals of,extensions of,modifications of,refinancings of,consofidatiois of,and substitutions for the promissory note or tau RtycV.Jhm e aturly date of this Mortgage is August 2,2019. vv V V�7. Personal Property. The words"PersonalProperty'mean all equipment,fixtures,and other articles of ��� property now or hereafter owned by Grantor, and now or hereafterattached or affixed to the Real Pr tt together with all accessions, parts, and additions to, all replacements of and all subst elution for, any of such property; and together with all proceeds (nc�ng without limitation all Insurance proceeds and refunds of i i • • • 08-30-1999 MORTGAGE ' ;Pave 2 Lean No (Continued) -- - ' • premiums)from any sale or other disposition of the Property. Property. The word"Property"means collectively the Real Property and the Personal Property. Real Property. The words"Real Property'mean the property,interests and rights described above in the"Grant of Mortgage"section. Related Documents. The words"Related Documents"mean and include without limitation all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the indebtedness. Rents. The word "Rents" means ai present and future rents, revenues,income, issues, royalties, profits,and . other benefits derived from the Property. THS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND TIE SECURITY INTEREST iN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ALL OBLIGATIONS OF GRANTOR UNDER THIS MORTGAGE AND TIE RELATED DOCUMENTS. TILS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall payto Lender all amounts secured by this Mortgage as they become due, and shall strictly perform all of Grantor's obigations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Unti in defaultGrantor may remain In possession and control of and operate and manage the Property and collect the Dents from the Property. None of the collateral for the Indebtedness constitutes, and none of the funds represented by the Indebtedness will be used to purchase: (a) Agricultural products or property used for an agricultural purpose as defined in Iowa Code Section 535.13; (bAgricultural land as defined in Iowa Code Section 172C.1 (5)or 175.2(1);or (c)Property used for an agricultural purpose as defined in Iowa Code Section 570.A.1 (2). Grantor represents and warrants that (a)There are not now and will not be any wells situated on the Property, (b)There are net now and will not be any solid waste disposal sites on the Pr (c)There are not now and there will not be any hazardous wastes on the Property (d)There are not now and there will not be any underground storage tanks on the Properly. to Maintain- Grantor shall maintain the Propertyin tenantable condition and promptly perform all repairs, replacements, its and maintenance necessary to preserve value. Hazardous Substances. The terms "hazardous waste,' 'hazardous substance,' "disposal: "release.' and 'threatened release,'as used in this Mortgage,shall have the same me as set forth in the Comprehensive Emmormrental Response,Compensation, acrd Liability Act of1980,as am ed,42 U.S.C.Section 9601 et seq. ("CERCI-A") the Superfund Amendments and Reauthorization Act of 1986, Pub. L M No. 99-499 ('SA "), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801. of seq.,_the Resource Conservation and Recovery Act, 42 U.S.C. Section o90t, et seq., or caner appllcaore sate or rexsera taws, rules, or adopted pursuant to any of the foregoing. The terms"hazardous waste" and "hazardous substance' all also include,without limitation,petroleum and petroleum by-products or any fraction thereof and asbestos. Grantor represents and warrants to Lender that: (a)During the period of Grantor's ownership of the Properly,there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any hazardous waste or substance by any person on, under, about or from the Property; (b) Grantor has no knowledge of,or reason to believe that there has been,except as previously disclosed to and acknowledged by Lender in writing, (r) any use, generation, manufacture, storage, treatment, disposal, release, or threatened release of any hazardous waste or substance on, under, about or from the Property by any prior owners or occupants of Property or (i)any actual or threatened litigation or claims of any kind by any person relating to such matters; and (c) Except as previously disclosed to and acknowledged by Lender in wnb'ng, () neither Grantor nor any tenant, contractor,agent or other authorized user of the Property shall use, generate, manufacture,store,treat,dispose of,or release any hazardous waste or substance on under,about or from the l / Property (ii)any such activity.shall be conducted in compliance with all applicable federal,state,and local `r/ laws, regulations ordinances,including without limitation those laws, regulations, and ordinances described above. f rarlor authorizes Lender and its agents to enter upon the Properly to make such inspections and tests, al Grantor's expense,as Lender may deem appropriate to determine con ance the e Properly with this section / of the Mortgage. Any Inspections or tests made by Lender shall be for Lender's purposes only and shaft not be 0construed to create artyrespon rbilGttyy or liability.on the part of Lender to Grantor or to any,other person. The d representations and wa�scontained herein are based on Grantee's due diligence in investigating the -/ Property for hazardous waste and hazardous substances. Grantor hereby (a) releases and waives any future V S/ /� 7 claims against Lender for indemnity or contraution in the event Grantor becomes liable for cleanup or other costs ` � under any such laws,and (b)agrees to indemnify and hold harmless Lender against any and all claims,tosses, C✓ / liabilities damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use,generation,manufacture,storage �il�� disposal release or threatened release of a hazardous waste or substance on the properties. The provisions of cr'G this section of the Mortgage,including the obligation to indemnify,shall survive the payment of the Indebtedness �� and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property,whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or sutler any stripping of or waste on or to the Properly or any portion of the Pr . Without limiting the generality of the foregoing,Grantor will not remove,or grant to other party the r' to r any timber,minerals(including oil and gas),soil,gravel or rock products without the prior written consent of Lernder. Removal of improvements. Grantor shall not demolish or remove any Improvements from the Real Property without the prior written consent of Lender. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and its agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmentalubements. Granter shall promptly comply with all laws, ordinances, and regulations, now or hereafter in eof all governmental authorities applicable_to the use or occu of the Property. Grantor may contest in good faith any such law, ordnance, or regulation and withh compliance during any proceeding, including appropriate appeals,so as Grantor has notified Lender in writing prior to doing so and so king as,in Lender's sole opiinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither 10 abandon nor leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. 000052 DUE ON SALE-CONSENT BY LENDER. Lender may, at its option,declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer,without the Lender's prior written consent, of all or any part of the Real Property,or any interest in the Real Property. A'sale or transfer'means the conveyance of Real Property or any right,title or interest therein;whether legal,beneficial or'equitable;whether voluntary or krvoluntar);whether by outright sale, deed, installment sale contract, land contract. contract for deed, leasehold interest with a term greater than three(3)years,lease-option contract,of by sale,assignment, or transfer of any beneficial interest in or • • os-31),1999 MORTGAGE J �r Pae a r`Loan No •---.i (Continued) to any land trust holding title to the Real Property,or by any other method of conveyance of Real Property interest. If any Grantor Is a corporation,partnership or limited liability company,transfer also includes any change in ownership of more than twenty-five percent(25%)of the voting stock,partnership interests or limited liability company interests, as the case may be,of Grantor. However;this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Iowa law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are a part of this Mortgage. Payment. Grantor shall pay when due(and in all events prior to delnquency) all taxes, payroll taxes, special taxes,assessments,water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shalt maintain the Properly tree at all tens having priority over or equal to the interest of Lender under this Mortgage, except for theit en of taxes and assessments not due, and except as otherwise provided in the following paragraph. R44 To Contest. Grantor may withhold of any tax. assessment or claim in connection with a good faith dispute over the obligation to pay,so ng as Lender's interest in the Property is not jeopardized._ If a ben arises or is filed as a result of nonpayment,Grantor shall within fifteen(15)days atter the lien arses or d a lien is filed,within fifteen(15)days after Grantor has notice of the fling,secure the discharge of the Tien,or it requested by Lender,deposit with Lender cash or a sufficient corporate surely bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest,Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Propely. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen(15)days before any work is commenced,any services are furnished, or any materials are supplied to the Properly, if arty mechanics ben, materialmen's ten or other ten could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause,and with a standard nvrtyaye<e clause in favor of Lender. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage wit not be cancelled or ctmeushed*mut a minimum at to(10) nays' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to gyve such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Ruperty at any time become located in an area designated by the Director of the Federal E Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Fecteralmercrail Insurance for the full unpaid principal iralance of the loan,up to the maximum policy limits set under the National Flood Insurance Program,or as otherwise required by Lender,and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender e may make impaired, Leproof of loss nGrantor der may, at itsdo�i�hm�yfi the pr��ofto the e sr on alty. Whether the IndebLender's edness, payment of any lien affecting the Property,ex trhe restorati n and repay or the Pr If Lender elects to appy the proceeds to restoration anal repair,Grantor shall repair or replace the damaged or destroyed Improvements in /�-� a manner satisfactory to Lender. Lender shalt, upon satisfactory proof of such expenditure, pay or reimburse -*e."%-e% Grantor from the proceeds for the reasonable cost of repair or restoration it Grantor is not in default under this .♦ Mortgage. Any proceeds which have net been disbursed within 180 days after their receipt and which Lender has not committed to the repair or resttaorration of the Property shall be used first to pay any amount owing to Lender�pal balan sena f lite paid tb then It Leendeery �holdsrany proceedsest, and the after remainder,payif payment full obi thethIndebtedneed ess, such O., S antor. 4_ Unexpired insurance at Sale. Any unexpired Insurance shall inure to the benefit of,and pass to,the purchaser \\;'\ / of the Pr covered by this Mortgage at any trustee's sale or other sate held under the provisions of this /J �� ortgage,or at any foreclosure sale of such Property. �EMNDFTURES BY LENDER. If Grantor tars to comply with any provision of this Mortgage, or if any action or proceeding is commenced that would materially aflect Lender's imerests in the Property,Lender on Grantor's behalf v/ may,but shall not be required to,take any action that Lender deems appropriate. Any amthat Lender expends 0 amount in so doing will bear interest at the rate provided for in the Note from the date incurredor paid by Lender to the date tee of repayment by Grantor. Al such expenses,at Lender's option,will (a)be payable on demand, (b)be added to the balance of the Note and be . • toned among and be pa with any installment payments to become due during either (I)the term of any .• :•e insurance policy or 7 the remaining term of the Note,or (c)be treated as a balloon payment which wil .= due and payable at the N e's maturity. This Mortgage also will secure payment of these amounts The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of the default Any such action by Lender shall not be construed as curing the default so as to bar Lender lrorn any remedy that it otherwise would have had. WARRANTY; DEFENSE OF TiTLE_ The following previsions relating to ownership of the Property are a part of this Mortgage. Title. Grantor warrants that: (a)Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set teeth in the Real Property description or in any title insurance policy, title report,or final title issued in favor of, and accepted by, Lender in connection with this Mortgage, (hi Grantor has the full right, power,and authority to execute and deliver this Mort.age to Lender and (c)the Tens granted hereby are not the type of hen referred to in Chapter 575 of the 1•:� iowa Code Supplement as now enacted or hereafter modified amended or replaced. Grantor, for itself and all personsclaiming ed yby throughor or arunder Grantor, agrees that It claims no lien or right to a ten d the type cghts pursuant to said law wwiitherrespectt to thelienschapter by graof nted.Code and of andwa and further wants that it isthes�olerl y entitled to do so and agrees to indemnify and hold harmless Lender from any loss,damage,and costs,including reasonable attorney fees,threatened or suffered by Lender arising either directly or indirectly as a result of any claim of the applcabilty of said law to the liens hereby granted. Defense of Tale. Subject to the exception In the paragraph above,Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantor's expense_ Grantor may be the nominal party in such proceeding, but Lender shaft be entitled to participate in the proceeding and to be represented in the proceeding bbyy l of Lender's own choice, and Grantor will deliver, or cause to be delivered,to Lender such vhstrurherhis as Lenioebuoggest from time to time to permit such participation_ Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all LJifiu1 UNION FILE PLANTERS 2003 SEP 15 ,Pti MORTGAGE CITY CLERK February 25, 2003 • IOWA CITY, IOWA Amount declared to be in immediate MariMatthews default and to prevent further action: Nicholas W. Gergas Amount Due: $534.78 1953 Lakeside Dr Loan Number: 500191760000-232 Iowa City, IA 52240 NOTICE REQUIRED BY FEDERAL REGULATION You may have breached your loan agreement by failing to make your scheduled payments. You may cure your breach by promptly paying all past due payments. Please note that if a late charge or any other payments become due prior to our receipt of the amount referenced, it will be necessary that you add the appropriate amount to the amount indicated above. Your loan must be paid current within thirty (30) days of the date of this letter. If you fa? .1 to cure this breach by this deadline, all remaining monthly installments will be due and payable in_full, and we 4!ill elect f.o pursue our remedies under the documents .or instrument evidencing or securing payment of the note, including without limitation, a foreclosure sale of the property securing payment of the-note. Of course, you will have the right to reinstate as provided in your security instruments at any time prior to foreclosure or bring a court action to assert the non-existence of a default under the note or any other defense you may have to the acceleration and sale of the property securing the note. You should give this matter your immediate attention. Your failure to cure this default may result in additional costs, such as legal fees, and may result in you losing your property by foreclosure. Union Planters offers a home ownership counseling service. If i� rtt you are in need of this Service, please call (601) 554-2200 or 1- U.S, Postal Service-.+_ • • IS • the Department of Housing and Urban +wnership counseling service through CERTIFIED MAIL, RECEIPT (Domestic Mai!Only;No Insurance Coverage Provided) f the agencies for your area may be 1.4.1 69-4287. For delivery information visit our website at www.usps.coms OFFICIAL U E LANCE DUE AS OF THE ABOVE DATE $ plied Tax& Ins. Unpaid Other Unpd Postagetents Status Late Chgs. Legal Cost CerlffiedFeePostrnmic Escrow Bal. Fees& Mis � „i Here � A N/A 26.72 N/A � � row postage&r $ • 9404-8001 •• 215 Forrest Street,Hattiesburg,MS 39401-3476 • 748-9498•(email)loancounselors@upbna.com seam-1 11e�n1 i t\Do _ L __ ------ -- !bt collector under the Fair Debt Collection Practices Act for the purposeof collectinganydebtyou mayowe." o.P0 Box Na C`(� . END OF CASE FILE JOHNSON COUNTY SHERIFF' S DEPARTMENT P.O. BOX 2540 IOWA CITY, IA 52244-2540 DATE: 04/24/03 ***** PROCESS SERVERS WORKSHEET ***** CP#: 000020032764 DOCKET: 00LACV063759 AGENCY: 000020032764 PLTF: GALBREATH,WILLIAM PROCESS TYPE: ORIGINAL NOTICE VS. PETITION DFND: IOWA CITY,CITY OF AOR: 0000694 DIAZ,MARTIN A AOR PHONE: 3193394350 COURT OF ORIGIN: JOHNSON CO CP#/PARTY : 000020032764-01 DATE ASSIGNED: 04/24/03 SERVER: 00001 UNASSIGNED SERVER ENTRY SERVE BY: 00/00/00 �( J J/ DATE: 1 ra t3TIME: t�`7/0 AM HAZARDS: • SERVICE TYPE: -pepcc{ Cl-fy PARTY: IOWA CITY,CITY OF C (eoc : 410 E WASHINGTON ST BY SERVING: C/O CITY CLERK csiat u g e r/o,D,421L IOWA CITY IA RACE: HEIGHT: RACE: HEIGHT: WEIGHT: SEX: WEIGHT: SEX: HAIR: EYES: HAIR: EYES : DOB: 00/00/00 SSN: DOB: PHONE: SERVED AT: EMPLOYER: VEHICLE: YEAR: MAKE: MILEAGE SERV FEE: MODEL: LIC PLATE: STATE: MISC1 MISC2 DESCRIPTION: COMMENTS : # DATE TIME SERVR REASON 1 2 SIGNATURE DATE 3 TITLE • 4 5 IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON COUNTY WILLIAM GALBREATH, ) NO. LA-COO b3') 51 Plaintiffs ) v. ) ORIGINAL NOTICE �, CITY OF IOWA CITY and ) JOHN DOE, Individually ) i 1 (-� Defendants ) <�C� i1 TO THE ABOVE-NAMED DEFENDANT(S): You are notified that Petition has been filed in the office of the clerk of this court naming you as the defendant(s) in this action. A copy of the Petition, and any documents filed with it, is attached to this notice. The name and address of the Plaintiff's attorney is Martin A. Diaz, 528 S. Clinton, Iowa City, Iowa 52240. The attorney's phone number is 319/339-4350 and his facsimile number is 319/339-4426. You must serve a motion or answer within 20 days after service of this Original Notice upon you. Within a reasonable time thereafter you must file your motion or answer with the Clerk of Court for Johnson County, at the county courthouse in Iowa City, Iowa. If you do not, judgment by default may be rendered against you for the relief demanded in the Petition. If you require the assistance of auxiliary aids or services to participate in court because of a disability, immediately call your district ADA coordinator at 319-398-3920 ext. 200. (If you are hearing impaired, call Relay Iowa TTY at 1-800-735-2942.) LODEMA BERKLEY AitT CLERK COURT Johnson County Courthouse Iowa City, Iowa 52240 Note: You are advised to seek legal advice at once to protect your interests. Com'. c. A IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON COUNTY WILLIAM GALBREATH, ) NO. CUO&3' 5�1 ) Plaintiffs ) v. ) PETITION AT LAW b 71 CITY OF IOWA CITY and ) JOHN DOE, Individually ) 7.; [Ti Defendants ) = 1:) 0 COMES NOW the Plaintiff, and, for his cause of action against Defendant, states as follows: 0 -n 1. Plaintiff is a resident of Iowa City, Johnson County, Iowa. ;--,- ry - 4 2. Defendant City of Iowa City is a governmental entity. 3. On or about November 29, 2002, Plaintiff was a passenger co on an Iowa City bus in Iowa City, Johnson County, Iowa. 4. On that same date, the City of Iowa City was the owner and operator of the City bus in which Plaintiff was a passenger. 5. On that date, a collision occurred between the Iowa City bus and a bus stop enclosure at the bus stop located near the intersection of Keokuk Street and Cross Park Avenue, Iowa City Johnson County, Iowa. 6. The name of the driver of the bus is unknown. He is described for now as John Doe, and, once Plaintiff discovers his name, this Petition will be amended to provide his proper name. 7. The driver of the bus was an employee of the City of Iowa City. . 8. The driver of the City bus was negligent in the operation of the City bus, including, but not limited to, failure to keep a proper lookout and failure to keep the bus under control, 9. Defendant's driver's negligence was a proximate cause of the collision and the injuries and damages sustained by Plaintiff. 10. Defendant City of Iowa City was the owner of the vehicle driven by the Defendant driver and was also the employer of the Defendant driver at the time of the collision and is liable for damages caused by Defendant driver's negligence pursuant to Iowa Code Section 321.493 and under the doctrine of respondeat superior. COUNT I 1. As a proximate result of Defendants' negligence in the operation of the City bus, Plaintiff suffered severe injuries and damages, including, but not limited to, past and future medical expenses, lost income, loss of full body and physical and mental pain and suffering. 2. The damages sustained by Plaintiff exceed the jurisdictional requirements of Rule 6.3 of the Iowa Rules of Appellate Procedure. WHEREFORE, Plaintiff prays for judgment against Defendants in a reasonable amount sufficient to fairly compensate him for damages, together with the cost of this action and interest as provided by law. - •=7,1C.;—, irr i5;C CD • Respectfully submitted, MARTIN DIAZ LAW FIRM I►e! _ L ), • Martin A. Diaz 001 19676 5 '8 South Clinton Street Iowa City, Iowa 52240 (319) 339-4350 (319) 339-4426 Attorney for Plaintiff r-a a � END OF CASE FILE JOHNSON COUNTY SHERIFF' S DEPARTMENT P.O. BOX 2540 IOWA CITY, IA 52244-2540 DATE: 03/12/03 ***** PROCESS SERVERS WORKSHEET ***** CP#: 000020031671 DOCKET: 00000SW63900 AG NCY:1“Y000020031671 PLTF: IN RE PROCESS TYPE: NOTICE rm - t VS . ORDER DFND: 126 BIRDS MOTION" W AOR: 0006550 WARREN, CHAD T ,)., AOR PHONE: 3193518181 COURT OF ORIGIN: JOHNSON CO CP#/PARTY : 000020031671-01 DATE ASSIGNED: 03/12/03 SERVER: 00001 UNASSIGNED SERVER ENTRY SERVE BY: 03/14/03 DATE: TIME: AM/PM HAZARDS : SERVICE TYPE: PARTY: IOWA CITY,CITY OF : 410 E WASHINGTON ST BY SERVING: IOWA CITY IA RACE: HEIGHT: RACE: HEIGHT: WEIGHT: SEX: WEIGHT: SEX: HAIR: EYES: HAIR: EYES : DOB: 00/00/00 SSN: DOB: PHONE: SERVED AT: EMPLOYER: VEHICLE: YEAR: MAKE: MILEAGE SERV FEE: MODEL: LIC PLATE: STATE: MISC1 MISC2 DESCRIPTION: COMMENTS : C/O MARIAN KARR, CITY CLERK # DATE TIME SERVR REASON 1 2 SIGNATURE DATE 3 TITLE 4 5 • IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY ) NO. SW63900 IN RE: 126 BIRDS ) ) ) RULE TO SHOW CAUSE ) * * * * * * * To: C; City of Iowa City - - C/o Marian Karr, City Clerk - - -- -- 410 E. Washington Street Iowa City, IA 52240 rD Application having been made for your punishment for contempt of this Court, a copy of which is attached hereto and herewith served upon you, the District Court of Johnson County, Iowa has ordered that you appear before said Court in the courtroom of the Courthouse situated 0 in Iowa City, Johnson County, Iowa, at10=3o'clock1.M. on the I day of 5ZnI. , 2003, then and there to show cause why you should not be held in contempt as charged, and punished accordingly. • You will,therefore, appear in person at said time and place for further hearing and proceedings according to law, and you may make written explanation of your conduct under oath as permitted by the Code of Iowa. Witness my hand and seal of court at Johnson County, Iowa City, Iowa, this I nay of , 2003. VA/Mtr r � CalakLcrm lerk of the IoCy . ' CW4N88A00373 IN THE IOWA DISTRICT COURT, IN AND FOR JOHNSON COUNTY IN RE: 126 BIRDS, ) No. SW 63900 ORDER FOR RULE TO SHOW CAUSE On this 6th day of March, 2003, the Motion for Order for Rule to Show Cause claiming the City of Iowa City is in contempt of this Court for failing to obey the Court's order dated November 25, 2002, and the Court's ruling dated January 6, 2003, has been brought to the Court's attention. IT IS ORDERED that a hearing on Ventura Dominguez's Motion for Rule to Show Cause why the City of Iowa City should not be punished for said contempt shall be held on , 2003, at I b '• 3 a.m. at the Johnson County Courthouse. One hour is set aside for this hearing. If counsel believe more time is needed, they should notify the Court Administrator immediately. The City of Iowa City shall be personally served at least ten days prior to the hearing date. Clerk to notify. DATED: March 6, 2003. KRISTIN L. HIBBS, JUDGE SIXTH JUDICIAL DISTRICT OF IOWA CC WCOn, nc Lel' o Cr.; �r Com-; Oft ifl o5L-, D , cn 0 IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY IN RE: 126 BIRDS NO. SW63900 (. Tra ) - � C ) MOTION FOR ORDER FORT_. o tT}, RULE TO SHOW CAUSE -- COMES NOW the Defendant in the above matter, Ventura Dominguez,by and through his undersigned attorney, and in support of this Motion for Order for Rule to Show Cause hereby states as follows: COUNT I 1. On November 25,2002,the Defendant,Ventura Dominguez(hereinafter "Dominguez"), entered into a Partial Settlement Agreement with the Plaintiff, City of Iowa City (hereinafter"City"), regarding the disposition of 119 birds owned by Dominguez. 2. In said Partial Settlement Agreement, Dominguez transferred ownership of 119 birds to the City. 3. Said Partial Settlement Agreement also states: As provided [in] Iowa Code section 717B.4,the City shall sell the remaining 119 birds and deduct from the sale proceeds the expenses incurred in maintaining the 126 birds from November 15,2002 through November 24, 2002. Said expenses shall include all boarding, expenses,the bill of Jen Berger, D.V.M. for examining the 126 birds on November 18, 2002, and all laboratory tests for the 126 birds. If the sale proceeds are greater that said expenses,then the City shall return the difference to Mr.Dominguez. If the sale proceeds are less than said expenses, a judgment will be entered in favor of the City and against Mr. Dominguez for the amount of said difference. The City may elect to deduct a portion or all of said difference from the bond described in Paragraph 6 above. The City shall make best effort to sell the birds at fair market value. The City shall provide Mr. Dominguez copies of recejpts of all sales. (emphasis added.) .� 4. Said Partial Settlement Agreement was incorporated in an Order dated November - -' w - 25, 2002. _ l y .. o) 5. Said Order states, "the City now owns 119 of the birds and shall dispose of them as provided in said agreement." (emphasis added) 6. Pursuant to the language of the Partial Settlement Agreement, the City had an affirmative duty to sell each and every one of the 119 birds, and to make best efforts to sell the birds at fair market value. 7. Counsel for Dominguez received a letter and several enclosures from the City dated February 13, 2003. Said letter, with enclosures, is attached hereto as Exhibit"A"and incorporated herein by reference. 8. In pages 1, 3, 4, 5, and 6 of Exhibit"A", the City admits it only sold 39 of the birds. 9. Furthermore, in Pages 5 and 6 of Exhibit"A", the City admits it gave 77 birds to Midwest Avian Adoption and Rescue Service(hereinafter"MAARS"), gave 1 bird to Kirkwood Community College Veterinary Technician Program (hereinafter"Kirkwood"), and gave 2 birds to Michelle Morrison. These 80 birds were not sold, and were given away without consideration of any kind. 10. The City's action of giving away 80 birds is a violation of the obligations imposed by the above-referenced Order. 11. A party shall be found in contempt of court if it willfully disobeys a court order. Iowa Code Section 665.2 (2003),see also In the Interest of B.C.A.K., 508 N.W.2d 738, 740 (Iowa Ct. App. 1993). 12. The City, by its own admission, willfully disobeyed the Court's Order requiring that each of the 119 birds be sold. . J 13. As a result of the City's failure to sell all of the 119 birds, the anticipated profits from the sale of these birds will not be credited to Dominguez to cover the expenses incurred by the City as anticipated in the portion of the Partial Settlement Agreement set forth in Paragraph 3 above. 14. Dominguez respectfully requests the Court find the City in contempt of court, order the City to retrieve the birds from MAARS, Kirkwood, and Michelle Morrison, and sell the birds as required by the Court's Order referenced above; or, in the alternative, order the City to compensate Dominguez for the market value of the 80 birds given to MAARS, Kirkwood and Michelle Morrison. WHEREFORE, the Defendant, Ventura Dominguez, respectfully requests the City be required to show cause why it should not be cited for contempt of court, prays the Court set this matter for hearing at the convenience of the Court, order the City to retrieve the birds from MAARS, Kirkwood, and Michelle Morrison, and sell the birds as required by court order,or, in the alternative, order the City to compensate Dominguez for the market value of the 80 birds given away, order the City to pay Dominguez's attorney fees incurred herein, and grant such other and further relief as the Court deems just and equitable in the premises. COUNT II 1. In paragraph 4 of the Partial Settlement Agreement referenced in paragraph 2 of Count I above, Dominguez and the City agreed the Court would retain jurisdiction over the birds named Romer, Spencer, and Toby, and that a hearing as to the disposition of these three birds would be held at a later date. 2. The hearing concerning the disposition of Romer, Spencer, and Toby was held January 2, 2003. 3. On January 6, 2003, a Ruling was issued by the Court with respect the disposition of Romer, Spencer, and Toby. In said Ruling,the Court stated, "It is hereby ordered that the City maintain possession of the birds [Romer, Spencer, and Toby] pending their transfer to the Minnesota Rescue and Adoption Service." 4. On January 21, 2003, Misha Goodman, an animal control officer for The City of Iowa City, told Dominguez the bird named Toby was given to Michelle Morrison. This conversation took place in the Johnson County Courthouse. 5. The City indicated it transferred the birds named Romer and Spencer to Michelle Sacora on or about December 13,2002. See pages 4, 11-14, and 17 of the attached Exhibit"A". 6. On page 17 of Exhibit"A", Ms. Sacora refers to Romer and Spencer as "my birds". 7. It is believed the City transferred ownership of Romer and Spencer to Michelle Sacora. 8. The City willfully disobeyed the Court's Ruling requiring it to transfer Romer, Spencer, and Toby to the Minnesota Rescue and Adoption Service. 9. A party shall be found in contempt of court if it willfully disobeys a court order. Iowa Code Section 665.2 (2003),see also In the Interest of B.C.A.K., 508 N.W.2d 738,740 (Iowa Ct. App. 1993). 10. Dominguez respectfully requests the Court find the City in contempt of court, and order the City to retrieve Romer, Spencer, and Toby and transfer them to the Minnesota Rescue and Adoption Service. C ) WHEREFORE,the Defendant,Ventura Dominguez, respectfully requests the Ci ybe ` 'required to show cause why it should not be cited for contempt of court,prays the Couitset this v matter for hearing at the convenience of the Court, order the City to retrieve the birds named Romer, Spencer, and Toby and transfer them to the Minnesota Rescue and Adoption Service, order the City to pay Dominguez's attorney fees incurred herein, and grant such other and further relief as the Court deems just and equitable in the premises. KENNEDY, CRUISE,ANDERSON, — FREY&BRISCOE, L.L.P. BY: had T. Warren 000016277 920 S. Dubuque Street P.O. Box 20001-1 Iowa City, IA 52244 ..-- (319) 351-8181 (office) (319) 351-0605 (fax) co -o ATTORNEY FOR DEFENDANT STATE OF IOWA ) .. ) SS: JOHNSON COUNTY ) The undersigned being first duly sworn on oath, does depose and state that he is the Defendant in the above-entitled action,that he has read the foregoing Motion, knows the contents thereof, and that the facts stated therein are true. _ .419./e-n arni Ventura DomingC J Subscribed and sworn to before me by the above-named Ventura Dominguez on this -1-"' day of February, 2003. CHAD T.WARREN jiCorrMrl esion Number 701120 tily0omrnlesionExpir8s Notary Public in and for the State of Iowa .lechery 10,2008 Copy to: Susan Dulek Assistant City Attorney City of Iowa City 410 E. Washington Street Iowa City, IA 52240 CERTIFICATE OF SERVICE I hereby certify that the foregoing document was served upon all parties by mailing and faxing a true copy thereof to each of the above listed attorneys of record and parties not represented by 'counsel on the 27 day of Torg r ^,,,1 ,2003. C W4N88A0037I 1 - Wylaagg; r City of co February 13,2003 Mr. Chad T. Warren Kennedy,Cruise,Anderson,Frey&Briscoe PO Box 2000 Iowa City,IA 52244 In re: Ventura Dominguez: revenues/costs and disposition Dear Chad: Misha and I met this morning, and I believe that I now have the information that you requested. This letter is to provide youwith the City's calculations as to the revenue and costs and to detail the disposition of the birds. I appreciate your and your client's patience on this matter. Enclosed please find the following: 1. Recap of Revenue and Sales; and 2. Bird Disposition; Let me first turn to the document entitled "Revenue and Sales Recap." The City sold 39 birds for $7,290.00 in total. The expenses for all of the birds from November 15,2002 to November 25, 2002 are$5,341.83. The expenses for Spencer, Toby, and Romer from November 25,2002 to January 6,2003 are$924.03. According to my calculations,Ventura"owes" the City$6,265.86 ($5,341.83 +$924.03 =$6,265.86)for boarding and other expenses under the Partial Settlement Agreement and Judge Robinson's order, and the City has in its account$7,290.00 from the sales. As a result,the City proposes that Misha make a check request for$1,024.14 ($7,290.00- $6,265.86=$1,024.14)to be made payable to Ventura Domingeuz. If your client agrees to this, the$900.00 in your trust account could be returned to Ventura or used toward your fees,but in any event,the City would make no claim to it. Some additional information about the expenses may be useful. First, GenX did not charge the City after January 3,2003. Second,when the City finally received the bill from Kirkwood for the sick blue fronted amazon, it did not include any expenses dated before November 25, 2002. Thus,the City will bear all the Kirkwood-related expenses. Third,I have attached copies of all the expenses,even though I had provided ou copies with some of the bills and invoices previously EXHIBIT___L. PAGE 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240-1826 • (319) 356-5000 • FAX (319) 356-5009 Mr. Chad T. Warren February 13, 2002 Page 2 Next I will turn to the document entitled "Disposition of Birds." This summarizes which birds went where. With regard to the birds that died, Misha said that the rosy parakeet died of cancer, and I believe that I previously sent you a copy of the necropsy on that. Misha also said that one parakeet died of an unknown bacterial infection and that some of the eight parakeets-could include babies that died. Last,if you look closely,you will see that the numbers add up to 141 birds,not 126. Shortly after the birds were seized, I spoke with Misha, and my notes indicate that she told me that 126 were seized,which is the number I used in the pleadings. Neither Misha nor I(and I would guess that neither you nor Ventura)actually counted the birds listed on the inventory. I did that just the other day and I came up with 140. Misha said that the inventory omitted one bird. Inventory Item No. 43 lists a quantity of"1" but it should read "2." Misha said that there was a breading pair of breeding blue and gold macaws and she thought that Ventura would confirm this. In light of this, I initially thought of filing a joint application for an order nunc pro tune, but then had second thoughts. I think that we should approach Judge Robinson,or I can do so with your permission,to see how he would like to proceed. I do not believe that this has any effect on the appeal, but do think that the number should be corrected. If you have any questions or if you believe that my calculations are not correct,please do not hesitate to contact me. Sincerely, q3L.L..a2:13--) Susan Dulek Assistant City Attorney Enc. Copy: Misha Goodman-w/Recap of Exp. & Sales and Dispo. of Birds only IN RE: 126 BIRDS Recap of Expenses and Revenue Revenue from Sale of Birds One(1)pair of sun conures on December 5, 2002 Si 400 One(1)parakeet on December 6,2002 A,' 10 Two(2)Goffin cockatoos on December 6, 2002 700 One(1) canary on December 4, 2002 65 Four(4)finches on December 4, 2002 20 One(1) baby sun conure on December 4, 2002 450 Two (2)parakeets on December 4, 2002 20 Two (2) sun conures, four(4) quakers, and two (2)macaws on December 7, 2002 2,000 Two (2)lovebirds on December 10,2002 100 Two (2)blue crowned conures on December 10,2002 275 Two (2) speckled amazons on December 10,2002 600 Two(2)yellow napes and one(1) double yellow head on December 16,2002 1,550 Two (2) lovebirds on November 27,2002 100 Two (2)umbrella cockatoos on December 10,2002 700 One(1)peachfaced conure on December 10,2002 50 Four(4)birds on December 4,2002 250 Total $ 7,290 Expenses as of 11/25/02 for all birds Bright Eyes &Bushy Tails (invoice no. 5874) $ 341.83 GenX Pets (boarding 11/15 to 11/24)(invoice no. 32201) .,-r 5.000.00 Subtotal$ 5,341.83 U C) D -- u EXHIBIT A PAGE ,3 Expenses from 11/25/02 to 1/6/03 re: Spencer,Romer, &Toby GenX Pets (invoice no.32215) (boarding Toby 11/25/02 to 1/03 and Spencer& Romer from 11/25/02 to 12/15/02) $ 570.00 Toby medicated food(invoice no. 32212) 43.76 _ M. Sacora(Spencer&Romer foster care 12/15 to 1/6) , 103.62 Bright Eyes &Bushy Tails (invoice no. 6252) ti •- (note invoice is for$161.77,but an entry for $25 is from 1/7/03 so it is excluded) 146.77 Hy Vee(12/23/02) 17.83 Hy Vee(12/19/02) 52.05 Animal Medical Center(Dr.Moore) (invoice no. 167636) 25.00 Subtotal $ 959.03 Expenses as of 11/25/02 $5,341.83 Expenses from 11/25/02 to 1/6/03 959.03 Total Expenses $6,300.86 Total Sales $7,290.00 Total Expenses (6,300.86) Balance $ 989.14 Ca > EXHIBIT A I PAGE 4- Bird Disposition The following is a list of birds sent to MAARS Rescue 2 Muloccon Cocatoos 6 Doves _ 14 Finches 6 Parakeets 13 Canaries 24 Cockatiels 7 Lovebirds 2 Rosellas 2 Peachfront Conures 1 African Gray Total 77 Birds sent to Kirkwood Community College Veterinary Technician Program (Kirkwood still has this bird, and if Kirkwood does not want to keep it, it will be transferred to MAARS) 1 Blue Fronted Amazon Total 1 Birds "Adopted" Canaries 3 (2 to Michelle Morrison no charge) Finches 4 Cockatiels 2 Parakeet 3 O Macaws 2 Quakers 4 • Sun Conure 5 Peach front 1 Yellownape 2 Yellowhead 1 Lovebirds 6 Blue Crowned 2 Umbrella Cockatoo 2 EXHIBIT_ PAGE 5 . Goffm Cockatoo 2 Red Front/Speckled 2 Total 41 Back to Ventura (4) }; Dead Birds (1) Rosy Parakeet (2) Cockatiel babies (1) Cockatiel (5) Canaries (8) Parakeet (1) Lovebird Total 18 MAARS 77 Kirkwood 1 "Adopted" 41 Ventura 4 Died 18 Total 141 • CO h. 1 EXHIBIT A PAGE k am s -? ' r = -- c.. .,-. - �,., ? :t •:.<1.-t^ 4 . • •' k P 3 1 • 'C t ti e ir,a�` 3 Q •��.R ea- y• - . } ,.1.- s *IJL t .syr �,' :F ,' c -N ' e, c .c. ''_ - b ,�[x . :c _-Tt i •- I Y,..Q t A E ,_1;.•,..,.:.8:4.4.y se �•°.i a,k yen . 1r...b Yln1'11.;',/- ta. � ,�" ` R $ z^'r '-y.' i ,y .,i•'h^-^,,,.-:to , s •t r r 1:., .?f r'g - r'.4 + ..i 44.;.-:t . z . 9 '•4- sr,a a,'$ w .F i a �, ti .4..§,:e.: },a 3dc 3h Af „ ,.,,,:: ,. ,... 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S t - $341.83 3 a 3iY3ti 1 - K B > i fease0# ` - bl � ct �� 44 ig Q $000 Pt-:$ eY +.`et .N P x bra $0.00 0 a 1 : ,' - -� y3t �Lfess. : ' echar0o " • ae : `T > $341.83ate ,.. ,a,,,-- . y, o. : .. - _ li• . : aq4 , -pr ,. $0.00.r, tW ^ ,' r %r BaanceDue 341.831111 k • �••z : ':•,',-:-;_.'''' � 'i I 322201 CUSTOMER'S ORDER NO. DEPARTMENT DATE NME:. i a(c/0,3-- l' l6Arr 1061/446Z • . • i��t;'�" "_ .-IA*; ; .•ESTATE,ZIP •.i ' _ - // - , _ 54rt tt .4,4 n,,- -,;.?f INI STT, 1 ®x Pa 9M :4-!---;ti-e41--• �(k: a �5_c[e3- - it rt { f.r "^•�•Ft C +'#, a c F'o-°"` � ' . g 'megI4 .{,?ii. § " { - , L_ :.. 14 kit *t . I atee' A : ' ► c' _ �_b . . • t 9 `•�- �1-q/. fes' - . " ice'. 1i.16 - I • i :6 1 I I :• • . . 1 is ii t i i : a ';' j I [ / F .t PNIalliI ■ �'� KEP"Till 'SSPFOR`REFERENCE #rK.s..ftj { 5; ORIGINAL4. __;r" w — • 1 " D V7 EXHIBIT A PAGE I • . ' 322215 CUSTOMER'S ORDER NO. • DEPARTMENT DATE 3 NAME • .6 N1 ADDRESS CITY,STATE,ZIP e ffi e � a g,p ,. a r z: a,. ase . rkg 047:e • 1 • • 3 4 • 5 C-D 0 1� / 0OD s • amid e Ob sIIMINEMENSMNIMINII •_ • 9 • 10 11 12 • 13 MM. 14 15 16 17 18 19 • 20 of � will I � Sa sty KEEP THIS SLIP FOR REFERENCE ��RDC5805 ORIGINAL • EXHIBIT A PAGE q • • . . ' . — • ' • • • . . • . . ' . ..' , • . . . • . • . - • . ' • • - • , . . - • • .• •• .. . . ......-____...... . . .. . .. .. . . • 1 ...-.".'.4,4:44:4'4-:...47?,..4,c,,11.'"'...i7.J..:,...4;.k.1•:.!:". ....7,:,''.. ... .. • .- • '••.' -.3.- '•V.4.1;ViTL:14'''''•,L=4,:'.......--i,, ..... .:.. • ' • .' .4 ,,•47 •0 (0 .....0,-, ,4.1.•I ..0,, .8:`,..T.41, v-,‘ .,..3 ,=.- is- 0 co .‘4 C) C.11 :4•."-05..,(---m- 1.1.14.,,-; --:,,,,,, -.7,....0 •.,,,...,). z 0 -frory .. - . .. . ..... -.,;!i-.--;?, mt, 14.,,,.. ,:,.:,,, ,,,tip.,. • -- . ,. m -_, • ow t..i..- • .r,74'iCg,... q rril 0 - . L 0.) - S-I q.,.4., . t,',7„Pt fie; ci) A AL U. f...,7,5., ,.. . 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N. ,. .• . .- ,i) (-,,-.. -,-, . , vt ___ 1 -;?. ,,,,ii --/ , ‘ ),.. ..., • .-, r il, -A, 0 -. i-l. (/) tA I ril -T1 ' ' ri. C/ ,,Z T.,-, ' ' . ,... c-n -9-• 1 c , -.1- )- r1):. , ., .tc),., , t,- ; . . , ,_ (.„ ,,_ .., , , _., ...., ,,,„ , , .., , ri) : t ... _ ',.rc I i , , , 0 I!" t t '''' L.; t - 9,)) .c.0 C`3 . , f"\vc- ! 4. , , . ,, ,-,- , ...j t ,, i „ A ...."— _, ,,\, -- i b 4 2 T4 ••J 6\\I N . 1 3 Jri • • 1 Animal Medical Center INVOICE 4419 Mt.Vernon Rd. S.E. Cedar Rapids, IA 52403 319-366-7567 Printed: 12=13-02 at 4:01p FOR: Michelle Sacora Date: 12-13-02 1835 41st. St. Account: 1869 Marion,lA 52302 Invoice: 167522 Date For Qty Description Net Price Services by Terry K. Moore DVM 12-13-02 Spencer Examination-Avian (101 gm &more) 30.00 12-13-02 Meds Admininst. In Hospital 12.50 12-13-02 Wing Clip(150gm &over) 10.00 12-13-02 #8607 Check payment -52.50 Old balance Charges Payments New balance 0.00 52.50 52.50 0.00 • . EIT jAXGHE1B 7 • O • Animal Medical Center N U Ci E 4419 Mt.Vernon Rd.S.E. Cedar Rapids, IA 52403 319-366-7567 • Printed: 12=13-02 at 4:05p FOR: Michelle Sacora t Date: 12-13-02 1835 41st. St. $ Account: 1869 Marion, IA 52302 Invoice: 167524 Date For Qty Description Net Price Services by Terry K. Moore DVM 12-13-02 Spencer Gentamicin Oph Soln 5 ml 8.00 12-13-02 #8608 Check payment -8.48 Old balance Charges Tax Payments New balance 0.00 8.00 0.48 8.48 0.00 • • • = u� t_o D r� 0 EXHIBIT f} PAGE 13 I • • it .. • • .. .' - • • • Petco 1450 Twixt Town Road • - ' . Marion IA 52302 319-377-4375 :• . • 12/14/02 9:58AM 643 04 4 08223 • . Sales Associate: 46 Donna . - ITEM - DESCRIPTION ' PRICE' . e . - ' 00058317a MAC-LG SPINNER TOY 9.99J T is.- - • PALS Lou on°?r =:=;: ^.000583170'. , -3; &1 50 N 000122378 A$116" LG BOLT IN 5:99 T - . '000177121 JT-LG COTTON CANDY 7.99 T - SPehc&r • PALS Colson -. 000177121 - -1.20 T Skil Total 21.27 Tax 6.0000%. 1.37 Final Total $22,64 ' Check - 22.64 .. • . PETCO P.A.L.S Number:3015215044 • Member:Michelle" Sacora. • For being a valued member you saved: , PALS Savings 2.70 • . • - TOTAL SAVINGS Thank you for shopping at PETCO!! . ' Check your Free Food Status. • • ' at www.petco.cou or . • - call 1-888-824-PALS PETCO.provides information on housing, equipment, cleaning environment and feeding for ' • all tile animals we offer. Ask for-an in-store Care Sheet or log onto www.petco.com. .• • �) P.A.L.S. Buy 10 Get One Free.Status Here's how close you are to earning _ —; a bag of free food! i. . ,v Qty Purchase o Item Purchd Addtl By • • - Eukanuba 6-8 lb Dog Fd ..6 of.10 09/28/03 Sen Chc 18-20 lb Dog Fd 1 of 10 01/10/03 . Sci Diet 4-101b Dog Fd - 1 of 10 10/02/03 • . Status reflects purchases thru 12/07/02. EXHIBIT . ;q • PAGE_• _ Any purchases made since the status date above should be added to get your exact • r 1�'• df�� Bright Eyes & Bushy Tails o , z a jr Housecall .and Full-Service i .• I Veterinary ClinicNe 3005 Highway 1 NE Iowa City,IA 52240 ' (319)351-4256 voice q' Invoice 341-8445 fax . Invoice#: 00006252 Patient address: • Bill to: • Iowa City'Animal Shelter . - . 'IIoxa.CitjAnimal'Shel!er ` . 410 E.Washington Street • - • -410 E:Washington Street • Iowa City,IA 52240 ,' . Iowa City,IA 52240 • • • Dr. Terms • Date Page JennBerger C.O.D. 1/9/03 1 • Price Per Unit - Extendedl'rice Taxed 05 Housecall Housecall (12/26-#80241) $17.51 ea $8.76 1 PE-ACL Avian exam(80241,Roamer) • $37.13 ea $37.13 1 PE-ACL Avian exam(80241,Spencer). $37.13 ea $37.13 . 1 Medication Compounded Doxycycline - $25.00 ea $25.00 X (12/26/02) • 1 Medication Compounded Doxycycline $25.00 ea • $25.00 X . (1/2/03) 1 Medication Compounded Doxycycline . $25.00 ea • $25.00 X (1/7/03) ,. • O • : co D ti EXHIBIT A Personalized medical care ik the comfort of your pet's home. PAGEC_ Check out our web page at: <http://www.BrEBT.com> • . Please make checks payable toi Bright Eyes &Bvshy TailsSubtotal $15• .8.02 Payment is due on receipt of this bill. Ym P Shipping . $0.00 Late fees will be charged on accounts past due greater than 30 days. Sales tax $3.75 Thankou.! Total $161.77 Y Prepaid $0.00 We Appreciate Your Business. Balance Due $161.77 g . . . . '' • • - ... . . . ' • . 0 1•4 i • . • ' • . ' ' • . . .„. . . • • . . • • - .. . • , - 1 r - • 1 I.-figr#•.r trj:5)1.117:::2.7.7.7 .,ra7119E•r-lit jilIVOIL•.• COUPON 05001 1 . tei2K4a--3:4.y1.1-giqe,t.gii*,:irth,..a..?4 : .. LT-fr.+- .;.•...,4-:;:-:Arizw.43...4-.A.,:...";4AZ;,".71.5S1 Aft-41V r'li::^4g:i,".V. ; . . . ; :... 1•..43111iyi.,..s....tt :.......E:,;g,...cti 0,,,.. ....alD." ..:. . .. .cl, ::. - • b______...- c ", • . c_—.-----------: - • • . . .... . .. .. . . . . . . . ., . 011% • - t Myatt ..._ ...‘"lit • • titUr HOY. 51.41;-..EAST-:' 4.'"r...:',:t,' . - • He Itb is Unica rs 1 ::: , . i . . ., 2 • • - • . • 7 ' '-' - '-7. • I T OD AitiES ... A. ' L•101acCitiltrt'3.; ; . i •. . , . 'a-a-4' '''t. . '. .. 1 1 OE:WM.26 : t IttiAlkor taTO 6 ( .1 I - -. -- • . - . : - . ostiy .yEt" t.:-•-....:-.',.:i "'; i - - . 11014:'; It:ei.th' 5/0 ••t . A° ' - . . . 1-.R6X-it: ' • ':•• -. 4,,C. ". .. ,; ..• ;'):4173 t. . --• :i- . 1 , 1 .,_11.'X'....:. i• . ...,;.. :,.. ,..:. i - ' ,lc!-3f-.--; . : ANY IltiVei VITAMINS I • • :. ._, .. .: . .._ . .. . * 1 : .r.t.vivii-titIL.1%-...-4-,t; -..,• .. .0;-4„...-5.-. .. .. „.• undo vdth coup/an.Good dour M.6:31,2002 i -...;'•2y .;14 ..1:•:,-;:.: ". -..:;.1(7;::. . .: .-- .-- -. :: ..---..:1 : FSHASSAthir 41ECEPT , t. .•.,...t.... CtSwit..,.. , -.,: .-.L.:?g_. S . . . . ••,a77. iza6 :.. ; i .'.. r.z.i.-• .tig,418%-::-:;:•7;:iiie,,...-.:,F.F..-. .• tier-vi--.; . fr "ttoeirz :,.,.:Trail.e. ; .: 'Xi 52302 ,. 12/23/0/ . •. . - 4......:.-...-,:i............,/...,...:.:„..k„,,.&_...,‘,...:4/...*_„;, ..„.:,. .t. _• .. - . . . • Patlentsaccism,ivxox PERkOT ..;.• ..4...,..,..: , .•, x...,.•••te,- .-4 424; tlirft.- ..•"•::::;. :In: 1835 41ST ST . - - . ! -:. . -,..........1,' .:,.$‘3,-.:.-* -. .:•:::.t:41:%;:'.•:-.-'T.:: ,...:...‘..-• ; • MARION • IA 52302 . i PM373-3545 . i • REFILLS: - 5 . i. nx .334016 N QTY. _ 30 .1 . . VISRANYCIN •50145/5ML SYRU ‘1113C4 06'069 0971 93 • . 'DR. MOORE,'FERRY DVM MI/ ' ' • '. HI Inuits amnia:ER ' $17-83 . . xm . . . . .. .. ... . . . . . • PRICE .Si i.BS . - CHILD PROOF? YES MTH: - • . • , • ' -05 ' . - c_, • • . . • )....• _ : • ...ilETAIKFOR TAX OR INSURANCE : • •• ... •. . „ _ — _ I. • ._ .. — --, • . c"•-•x 'fl "--- IV 0 ' . . • EXHIBIT 4 . PAGE - Ili • 4 $ December 24,2002 Michelle Sacora 1835 41'1Street Marion, Ia. 52302 - CSIq7373-3S445 36q-Z7!3 Dear Misha, Enclosed please find the receipt for the oral medication for one of my birds. She is not able to eat the medicated feed so she requires the:oral be administered twice daily. This is turning into quite a complicated and time consuming issue. I have been medicating my "kids" since being notified of the possible problem. The receipt today is for $17.83, I appreciate your forwarding this for reimbursement. I hope this will be the end of medical charges I will°incur as apparently giving antibiotics can cause secondary infections to occur: It:has put quite a dent in our budget this month as we are down to one income in the family- if any kind of rush can be put on this and the other requests I submitted I would appreciate it. Thank you, • Michelle'Sacora = W _ '9 rte, 0 EXHIBIT A PAGE I'� • . ' . • • ' . . . _ . . .. . . .. . ' . . . . . . . . . •. • - . " .JI llqffuom • COUPON '50°1' . . • s: ,.....,:,:n. :••••••.1, ;t'f',.C.'14-S• . Mritn.:1:;ft'altle', :(, , . 4f-ty-avE OD"r&t•Es 9 ? . •.,,•'4,-cgtitivi.5Foktit",..1. . itHeorterlei.,:4 - •------ c .•• • • 11e Ibill pv•r•;10 taA: 'ya'2•,.;.E1.2," .,.........--•• • • --- . . . • il, sC:=D I/4 .......... . va , -:: • . :".".:',.'''.- -. .; ; . "t'c-t tr,;171-; ''''.'' -1 -•'.- Itli-lifE.C'k.:101..IT- ..,_, ittikx0., , irdifit T 0 D Al.'aei.4e.S G A S. D-t•St Obtai 1''. . • . " :r:tiSy1-01h,Y*8 REEIF.97..,_10 larmyttiraw '1-1. . • :' . ....::::,'fnlidvitlinggp-VEMotr.4Z- -,- ••1 • . nciathuarket . .. . . • •TH11 . .4i-k.;SAT4-'3;34.0 .,!,4* •. ;11 i . ,.... . ..• . ., . • 1"4-1Atiti7411'1;;ZADA.41...;‘‘.." .-;•.' .1:. # "..i.f, •di ssasts. • . . ' neFItexvirogecttriiii4i,.. .z.: ••\--,:i.:•;.;;.-:.:-;.w 4 los&Mora. ..,m. S. "iiceguICKiphipsi!.-• .• 4,-,4417.45*,..i•o: it It . . • • .• : •• aiREGtig4RWMCAM 10,7'.•!1'.1!, • _ .. -V. E.;1:1",,RED. latioE,;,. ...,...,. •3.:!,iv; .,,,-4.A I•V 1,0, . if. -0 .. •4t".i."1"41ral•ilV,_ tro_. itit:;71 i:, : a,A: RI :5 zr_r, .: .fit ...326"1"Vtg-.13eKiD.NE.'4 1, •• •::..y./ : !!cte• /9:"I-t Ti: : .50e.. 'OFF ' m co. A........ atcv.:2,. .... ..-GCI. , % ; ;.I'S 1 I;;;a6P- C!I. li • le ' " %.7itg ' nil;••.1 . ; 4(gYa:3.1(`' ' q I .., n.s...;n..... !4-1141..Y., -.. .t."In 1 1 . . .-:.... • '', t I m., ., .;id KEY*/ ---• — , ...i nn - -, 7:-. •••• ici:"..'thic ••• • ,..•-- --tr-INITY•.21 +7 .9.P - •. • •-•'-',..451'p• 14. ""qtgPgr 1 • • rfa':-; C.A ..t':. .'?"'re;:t4 . •,:.. :...kviz.,11.,•GtleSt 141/` - , n ).) iti6a. F'' • • ! • • ' ANY litfiee, i with coupe&600d.thip.. -..............,............... ._ , tun PHARNItkCY•REC VITAMINS: !! ! 11 .. . I . • • . . . . 15 14,./ II .it," • I . . ,. ..VE.4 Iola& itiPP gip -q .: . -4,06 .,.37.7 .721,6 di :TEL ..; • • • trwit . . • 4-"it S -141 tit •.I.4A.Nt.Idt• k . illatire t .FHARITOtil---'4...k.sii: .-s arr gorapils;!%•;;5) F., ig Lit rolvetrVUS . . . --., ' • 1.a 4,11 2.4- $1.00 :).3„liv",<:.t'A.1-6; F." . ,i2/19/02 tz 20=36 o ootinusam‘ 13B.T.Alis.I2i02. .-.. •• . 14Y-VEE;-kne: tit:CiElt CUR, .".&''.;. 1 t.::' ';.cit ' • . ": •• • . ; • ;'•'.- V C4-TY')2/: -:'MN.8.- .. ....,5c-JittP!' ' : • .... • I 'ri li , : - . '4:4S*11r. • . . . . . . .T:PTAIN•r.... : . Fk.: :•;, ,,: '';:fr :.zr 1145.MwrICEEELLE . : • 41/20.'4."tl•ft 14:::T.:41t 4;• '41.1.:..,449,71,to skit./' ...Patent ElmARtni8C30:11;Ao. • • PH# • 37q 1 . •• • • • • '''. "1.- Iv; '' ' 4; '''• : • .."Tigo• . REFITzsg,52301.i00: . . ....1t0A4G •,;.:,• •• • . • ,• . : . - • • thOriy.*** . -Dv . D3car337a2c,51n13(2:TY: Vi:+1, , • • ' ''' .. . it.4.4t.YANq tkiG ;. .,..., ,..407. •,-• ••.. REGULAR-4'RICErTOTAL• .• • ./..ii .. EY VAL= CUSTOM ETRA SAV.IINga,Thrt.i1 :- : 46...3e 0..i.ceat..n, , . DR. mo0o0RE591,7s4RR4r01:00$44 40 0 7.13‘137. . . Ins • . . . ' ' / •,:- I"I E I ,...I.I r 1 ... .,, . .•ni,:y“.• ' • • . •-‘f it.0.44S_A.E1011S,ESkita*-410p4,S00*. • ' PRICE • `$44.40 .. . 0 1/4) •0 .•' _ 4..x.-joi.,rnynVn!k:S .,...., .......Sgi? '' ;'; LOS J.L. 1 hie go'.).1M4..ST4.11tAiodt 1412 q • .. . , , ''.'1.... .• •• ';c.4'.....:„ N.fpi wpsi , „ i. Li:1- 111.i • • . .. •• : ••$ ..ii • 4 •.1.,N'1. 'I • ."' . 1 !-, I 311:ClitrisILD PROOF? YEE' • . . ---- . . . . • • A • p Animal Medical Center N U Q C E 4419 Mt Vernon Rd. S.E. Cedar Rapids, IA 52403 319-366-7567 Printed: 12-19-02 at 4:43p FOR: Michelle Sacora Date: 12-19-02 1835 41st.St. e Account: 1869 Marion, IA 52302 �+ Invoice: 167636 Date For Qty Description , Net Price Services by Terry.K.Moore.DVM : 12=19-02 Angel ' Office Call , 25.00 12-19-02 #8612 .Check payment -25.00 Old balance Charges Payments New balance 0.00 25.00 25.00 0.00 05-too vcr Sa .oS oteS ej r1 JOG W ry EXHIBIT A PAGE 1 9 • • CAL l9�lJ a IN THE IOWA DISTRICT COURT, IN AND FOR JOHNSON COUNTY IN RE: 126 BIRDS, ) No. SW 63900 ORDER FOR RULE TO SHOW CAUSE On this 6th day of March, 2003, the Motion for Order for Rule to Show Cause claiming the City of Iowa City is in contempt of this Court for failing to obey the Court's order dated November 25, 2002, and the Court's ruling dated January 6, 2003, has been brought to the Court's attention. IT IS ORDERED that a hearing on Ventura Dominguez's Motion for Rule to Show Cause why the City of Iowa City should not be punished for said contempt shall be held on r\` \ _, 2003, at 10 30 4.m. at the Johnson County Courthouse. One hour is set aside for this hearing. If counsel believe more time is needed, they should notify the Court Administrator immediately. The City of Iowa City shall be personally served at least ten days prior to the hearing date. 0 Clerk to notify. 4. DATED: March 6, 2003. KRISTIN L. HIBBS, JUDGE ' SIXTH JUDICIAL DISTRICT OF IOWA -� c--)P I �3 10 m )54 off.- • _; • CERTIFICATE I, Lodema Berkley ,Clerk of the District Court o;the State of Iowa,in and for Johnson County,do hereby ccrtily that this is a true and complete copy of the Original Instrument(s) filed in this uff ice consisting of pages. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the Seal f id Court atm_y�Qn Iowa City,Iowa this LODEMA BERKLEY e Di ri JOHNSON COUNTY SHERIFF' S DEPARTMENT P.O. BOX 2540 IOWA CITY, IA 52244-2540 DATE : 03/07/03 ***** PROCESS SERVERS WORKSHEET ***** CP#: 000020031574 DOCKET: 00000SW63900 AGENCY: 000020031574 PILTF: IN RE PROCESS TYPE: ORDER VS . DFND: 126 BIRDS AOR: 0000136 JOHNSON CO ATTORNEY AOR PHONE: 3193396100 COURT OF ORIGIN: JOHNSON CO CP#/PARTY : 000020031574-01 DATE ASSIGNED: 03/07/03 SERVER: 00001 UNASSIGNED SERVER ENTRY SERVE BY: 03/21/03 DATE: TIME: AM/PM HAZARDS : SERVICE TYPE: PARTY: IOWA CITY,CITY OF : 410 E WASHINGTON ST BY SERVING: IOWA CITY IA RACE : HEIGHT: RACE: HEIGHT: WEIGHT: SEX: WEIGHT: SEX: HAIR: EYES : HAIR: EYES : DOB: 00/00/00 SSN: DOB: PHONE: SERVED AT: EMPLOYER: VEHICLE: YEAR: MAKE: MILEAGE SERV FEE: MODEL: LIC PLATE: STATE: MISC1 MISC2 DESCRIPTION: COMMENTS : C/O MARIAN KARR, CITY CLERK # DATE TIME SERVR REASON 1 2 SIGNATURE r DATE • 3 - - -_ TITLE 4 5 KENNEDY, CRUISE, ANDERSON, FREY & BRISCOE, L.L.P. ATTORNEYS AT LAW 920 S. DUBUQUE STREET-P.O. BOX 2000 MICHAEL W. KENNEDY IOWA CITY, IOWA 52244 OF COUNSEL: STEVEN C.ANDERSON TELEPHONE(319)351-8181 JOHN D.CRUISE KIRSTEN H. FREY FAX(3)9)351-0605 KANDIE K. BRISCOE' 'ALSO CERTIFIED CHAD T.WARREN PUBLIC ACCOUNTANT LILLIAN LYONS DAVIS February 6, 2003 C_ HAND DELIVERY& CERTIFIED RETURN RECEIPT — O- Sue Dulek --� --;'j Assistant City Attorney 410 E. Washington Street v U Iowa City, IA 52240 /0191 City of Iowa City /, uiev' u C/o Marian Karr, City Clerk 410 E. Washington Street Iowa City, IA 52240 Re: Ventura Dominguez/Request for Further Information Pursuant to Iowa Code Section 670.5 Dear Ms. Dulek and Ms. Karr: This letter is in response to Ms. Dulek's letter dated January 22, 2003,wherein she requested my client, Ventura Dominguez, state the time,place, and circumstances of the various defamatory statements made by Misha Goodman. Furthermore,this letter addresses the compensation or other relief demanded by my client. Defamatory statements are unlike other tortious conduct. For instance, if a City vehicle is involved in a motor vehicle accident, the date, time,place, and circumstances thereof are obvious and readily available. Furthermore, in such an instance, damages are also easily compiled. Such is not the case with defamation. The City of Iowa City, and its employee, Misha Goodman, are in a much better position to piece together the facts that would indicate time,place, and circumstances of each defamatory statement. However, in order to comply with Iowa Code Section 670.5, my client submits the information below to provide the City of Iowa City with full disclosure of all of the knowledge available to him concerning the defamatory statements made by Ms. Goodman. Furthermore, as the various defamatory statements may have been made on one or multiple occasions, it is difficult to assess a portion of damage to each particular statement made. Rather, it is much easier to assess damages by compiling the defamatory statements made by Ms. Goodman. February 6,2003 Page 2 As with any litigation, it is possible further facts will be brought to light, indicating additional tortious conduct. Such is the case here. There may have been other defamatory statements made other than the ones my client has been able to identify. The following information is provided in an attempt to provide full disclosure to the City of the defamatory statements within my client's knowledge. However, my client reserves the right to pursue claims against the City of Iowa City and Ms. Goodman for statements made by Ms. Goodman during the time period,even though the specific facts of each statement are not readily available to my client. Again,to comply with Iowa Code Section 670.5,my client provides full disclosure with respect to every particular defamatory statement of which he is aware. A series of newspaper articles were printed which clearly indicate Misha Goodman was making defamatory statements concerning Ventura Dominguez. Copies of these articles are enclosed. These newspaper arfles are as follows: - 1. Source: The Gazette (Cedar Rapids—Iowa City) - Date: November 20, 2002 Title: Birds removed from garage Author: Erin Jordan - c7 Edition: F Section B Page: 5 Said article indicates that, on or before November 20, 2002, Ms. Goodman made one or more defamatory statements to Erin Jordan, or another employee of the Cedar Rapids Gazette. These defamatory statements included the following information: • Ventura Dominguez bred and housed birds in unsanitary, and possibly illegal conditions. (Paragraph 1) • Ventura Dominguez's birdcages contained months' worth of bird feces. (Paragraph 3) 2. Source: The Gazette(Cedar Rapids—Iowa City) Date: November 20, 2002 Title: 125 birds removed from I.C. residence Author: Erin Jordan Edition: IC Section B Page: 2 Said article indicates that, on or before November 20, 2002, Ms. Goodman made one or more defamatory statements to Erin Jordan, or another employee of the Cedar Rapids Gazette. These defamatory statements included the following information: February 6,2003 Page 3 • "We found really unsanitary conditions and a lot of birds." (Paragraph 3) • Mr. Dominguez's cages had months' worth of bird feces and the birds were dirty and had not had adequate veterinary care. (Paragraph 4) • Mr. Dominguez had failed to clean or treat the animals and that an ornate box turtle was dead due to starvation. (Indicating Mr. Dominguez owned the turtle and was responsible for its death.) (Paragraph 6) • Mr. Dominguez was a poor breeder and, as a result thereof, some,of his birds had deformities. (Paragraph 6) -_ - 3. Source: Iowa City Press-Citizen rJ. Date: November 21, 2002 Title: City will go to court to take seized birds - Author: Staff Section Records Page: 4A Said article indicates that, on or before November 21, 2002, Misha Goodman made the following defamatory statements to staff of the Iowa City Press-Citizen. These defamatory statements included the following information: • The bird cages were laden in feces and urine and infested with insects. The garage in which the birds were kept was heated, but not ventilated. (Paragraph 2) • "We went out(November 12),he let us in and it was gross and disgusting...The odor was unbelievable. We had to wear masks when we went in." (Paragraph 4) • Mr. Dominguez was given until Friday to clean up the mess, and have an ornate box turtle seen by a vet. The turtle, one of two in the home, appeared sickly and was not properly cared for. Mr. Dominguez emptied the feces from a few cages, but otherwise placed new bedding over the old and fresh food in dirty dishes. The turtle was dead. (Paragraph 5) • "We don't see this in Iowa City very often." (Paragraph 8) 4. Source: Iowa City Press-Citizen Date: November 25, 2002 Title: City may return neglected birds Author: Brian Sharp; Staff Section Cover Page: 1 A February 6,2003 Page 4 Said article indicates that, on or before November 25, 2002, Ms. Goodman made the following defamatory statements to Brian Sharp, or another employee of the Iowa City Press-Citizen. These defamatory statements included the following information: • Animal control officers went to Mr. Dominguez's home on November 12th and found birds living in insect-infested cages laden with feces and urine. (Paragraph 3) • Ms. Goodman described the garage at Mr. Dominguez's home as "gross and disgusting". She also stated animal control officers had to wear masks because of the intense odor. (Paragraph 9) •-. 5. Source: Iowa City Press-Citizen !_ Date: November 26, 2002 Title: Neglected birds will be available for adoption - - Author: Brian Sharp; Staff Section cover Page: 1 A Said article indicates that, on or before November 26, 2002, Ms. Goodman made the following defamatory statements to Brian Sharp, or another employee of the Iowa City Press-Citizen. These defamatory statements included the following information: • The birds were kept in insect-infested cages laden with feces and urine. (Paragraph 2) • Ms. Goodman states she doubts Mr. Dominguez's claim that a female Moluccan cockatoo was his pet. She alleges the bird had been eating insulation off the garage door for some time. (Paragraph 7) • "Part of it is sad....We take the birds, a number will go to other breeders that sell to other pet stores and they may not know what they are doing. The victory is rather bittersweet, to say the least. All we can hope is wherever they go,they are cared for better than they were in this case." (Paragraph 11) 6. Source: The Gazette (Cedar Rapids—Iowa City) Date: November 26, 2002 Title: Owner to give up 121 of birds Author: Erin Jordan Edition: IC Section B Page: 1 Said article indicates that, on or before November 26, 2002, Ms. Goodman made the following defamatory statements to Erin Jordan, or another employee of the Cedar Rapids Gazette. These defamatory statements included the following information: February 6,2003 Page 5 • Animal Control officers discovered the birds living in unsanitary conditions. (Paragraph 2) • "I think it's a real possibility anyway, and I'm not going to help in that." (Referring to the possibility that Mr. Dominguez may wish to breed birds in the future.) (Paragraph 8) 7. Source: The Gazette (Cedar Rapids—Iowa City) Date: November 26, 2002 Title: I.C. man will keep 4 of his 125 birds _ -1 Author: Erin Jordan + - == Edition: F Section B Page: 1 Said article indicates that, on or before November 26, 2002, Ms. Goodman made the following defamatory statements to Erin Jordan, or another employee of the Cedar Rapids Gazette. These defamatory statements included the following information: • Animal control officers discovered the birds living in unsanitary conditions. 8. Source: The Gazette (Cedar Rapids—Iowa City) Date: January 15,2003 Title: Adopted birds quarantined for infection Author: Erin Jordan Edition: IC Section A Page: 1 Said article indicates that, on or before January 15, 2003, Ms. Goodman made the following defamatory statements to Erin Jordan, or another employee of the Cedar Rapids Gazette. These defamatory statements included the following information: • Mr. Dominguez's birds were living in cramped filthy conditions and many had deformities caused by poor breeding. (Paragraph 14) 9. Source: The Daily Iowan Date: January 23, 2003 Title: Man charged after city seizes his birds Author: Grant Schulte Said article indicates that, on or before November 20, 2002, Ms. Goodman made the following defamatory statements to Grant Schulte, or another employee of The Daily Iowan. These defamatory statements included the following information: February 6,2003 Page 6 • Ms. Goodman states she has never seen such extreme conditions in an Iowa City home. (Paragraph 8) It is clear from the above articles Ms. Goodman made defamatory statements concerning Mr. Dominguez. With the above information,the City of Iowa City has more than adequate information necessary to investigate the facts and circumstances. The primary purpose of Iowa Code Section 670.5 is to provide a method for municipalities to investigate claims while the facts are fresh. Iowa Power and Light Co. v. Board of Water Works Trustees of City of Des Moines, 281 N.W.2d 827 (Iowa Ct. App. 1979). Mr. Dominguez has provided full disclosure of all the information available to him. This information is more than sufficient to allow the City to investigate the facts. As mentioned previously, it is difficult to place a dollar amount of damages on each specific defamatory statement. It is difficult to ascertain exactly how many individuals were present when said defamatory statements were made. Nevertheless, as specified in the Notice from my client dated January 8, 2003, Mr. Dominguez has been damaged in the amount of $20,000.00. In addition,he seeks an injunction against the City of Iowa City related to the defamatory statements. If you have any questions, please feel free to give me a call. Very truly yours, Chad T. Warren CTW/ah Cc: Ventura Dominguez CW4/L88A003 1 8 t � S if C) C:"' Gazette, The (Cedar Rapids-Iowa City): Document Display Page 1 of 1 jCt ttt (1992-Current) l'� Edit Search Hel. Home Record 10 of 10 E-Mail Text Only Dis•la List Previous The Gazette (Cedar Rapids-Iowa City) November 20, 2002 Birds removed from garage Housing area for 125 exotic birds called unsanitary i) Author: Erin Jordan;The Gazette 1 Edition: F _ Section: B Page: 5 > r Estimated printed pages: 1 Article Text: IOWA CITY - It took animal control workers more than four hours to remove 125 exotic birds from the garage of an Iowa City home where they had been bred and housed in unsanitary, and possibly illegal, conditions. Misha Goodman, supervisor at the Iowa City Animal Shelter, said animal control workers went last week to investigate the home of Ventura Dominguez, 35, at 2300 California Ave., after a man reported buying a bird from Dominguez that later died. Workers who visited the home Nov. 12 found the tropical birds, including cockatiels, parrots, and macaws, in 54 cages in the garage, which was heated with electric heaters. The cages had months' worth of bird feces. Goodman said she will consult with state officials and decide on possible criminal charges or city citations. _ Copyright(c) 2002 Cedar Rapids Gazette Record Number: 1202993 E-Mall Text Only Dis'lay List Previous http://infoweb.newsbank.com/iw-search/we/InfoWeb?p_action=doc&p_docid=0F77064D... 1/31/2003 Gazette, The (Cedar Rapids-Iowa City): Document Display Page 1 of 2 4` 'l`•`` (1992-Current) a ` Edit Search Help Home Record 9 of 10 E-Mail Text Only Display List Previous Next The Gazette (Cedar Rapids-Iowa City) November 20, 2002 125 birds removed from I.C. residence Housing area for exotic animals called unsanitary Author: Erin Jordan; The Gazette - _ f Edition: IC Section: B Page: 2 _- — Estimated printed pages: 2 Article Text: IOWA CITY GAZETTE IOWA CITY- It took animal control workers more than four hours to remove 125 exotic birds from the garage of an Iowa City home where they had been bred and housed in unsanitary, and possibly illegal, conditions. Misha Goodman, supervisor at the Iowa City Animal Shelter, said animal control workers went last week to investigate the home of Ventura Dominguez, 35, at 2300 California Ave., after a man reported buying a bird from Dominguez that later died. "We found really unsanitary conditions and a lot of birds," Goodman said Tuesday. Workers who visited the home Nov. 12 found the tropical birds, including cockatiels,parrots, and _ _,macaws, in 54 cages in the garage, which was heated with electric heaters. The cages had months' worth of bird feces and the birds were dirty and had not had adequate veterinary care, Goodman said. Animal control workers also found a Malayan box turtle and an ornate box turtle at the home during the Nov. 12 visit. When they returned Friday to see if Dominguez had cleaned and treated the animals, workers found the ornate box turtle dead, Goodman said. Examination of the turtle showed it likely starved to death, she said. Goodman believes Dominguez had sold birds from the home for a number of years. Because of poor breeding, some birds had deformities, she said. Workers impounded the animals Nov. 15 and took them to Gen-X Pets, a pet store in Coralville. To http://infoweb.newsbank.com/iw-search/we/InfoW eb?p_action=doc&p_docid=0F77064D... 1/31/2003 Gazette, The (Cedar Rapids-Iowa City): Document Display Page 2 of 2 protect the birds from the cold, each cage was covered with blankets before being removed from the garage, Goodman said. It took animal control workers and pet store employees another four hours after the impounding to clean the birds and their cages. Goodman said she will consult the Iowa Department of Natural Resources and decide on possible criminal charges or city citations for Dominguez or Bill Smith, who also lives at the residence and owns the turtles. Federal guidelines say ornate box turtles cannot be removed from the wild. Copyright(c) 2002 Cedar Rapids Gazette Record Number: 1202966 E-Mall Text Only Display List Previous Next v _ . G+ http://infoweb.newsbank.com/iw-search/we/Info Web?p_action=doc&p_docid=0F77064D... 1/31/2003 Iowa City Press-Citizen (IA): Document�► Display Page 1 of 2 tomCity,. ¢re5,s-4 t gm (2002-Current) Edit Search Hai, Home Record 4 of 4 E-Mail Text Only Display List Previous Iowa City Press-Citizen (IA) November 21, 2002 City will go to court to take seized birds Author: Staff Author: Iowa City Press-Citizen – Section: Records Page: 4A , Index Terms: } Cri' Courts Estimated printed pages: 2 Article Text: Iowa City Press-Citizen Animal Control officers will seek a court order Monday to permanently take possession of 126 birds seized from squalor in the garage of a south Iowa City home. Two of the birds have died. Animal Control Supervisor Misha Goodman said the birdcages were laden in feces and urine and infested with insects. The 385-square-foot, 1?-stall garage at 2300 California Ave., was heated but not ventilated, she said. A woman who bought a sun conure from breeder Ventura Dominguez for$300 alerted officers to the —–problem. The bird died. "We went out (Nov. 12), he let us in and it was gross and disgusting," Goodman said. "The odor was unbelievable. We had to wear masks when we went in." Dominguez was given until Friday to clean up the mess, and have an ornate box turtle seen by a vet. The turtle, one of two at the home, appeared sickly and was not properly cared for, Goodman said. When officers returned, she said, Dominguez had emptied the feces from a few cages but otherwise placed new bedding over the old and fresh food in dirty dishes. The turtle was dead. It took officers four hours to remove the birds, which included finches, canaries, Amazon parrots, cockatoos and macaws. For now, the birds are at a Coralville pet store, Gen-X Pets. Goodman said tests being done on the birds will determine what charges will be filed and if the birds http://infoweb.newsbank.com/iw-search/we/InfoWeb?p_action=doc&p_docid=0F779963C... 1/31/2003 Iowa City Press-Citizen (IA): Document Display Page 2 of 2 can be adopted. Dominguez likely faces city infractions, she said. Another resident, Bill Smith, claimed ownership of the turtles. He could face a state charge because the turtle died. Dominguez's breeder business appears to date back more than seven years, Goodman said, adding, "We don't see this in Iowa City very often." Copyright (c) Iowa City Press-Citizen. All rights reserved. Reproduced with the permission of Gannett Co., Inc. by NewsBank, inc. Record Number: iac2002112115140508 E-Mail Text OM Display List Previous • O -, C — a http://infoweb.newsbank.com/iw-search/we/InfoW eb?p_action=doc&p_docid=0F779963 C... 1/31/2003 Iowa City Press-Citizen(IA): Document Display Page 1 of 2 Iowa City Press-Citizen 0O02-current) a Edlt Search Hel. Home Record 3 of 4 E-Mall Text On! Dis.lay List Previous Next Iowa City Press-Citizen (IA) November 25, 2002 City may return neglected birds Author: Brian Sharp; Staff Author: Iowa City Press-Citizen — 1 ` • rn Section: Cover j? Page: 1 A Estimated printed pages: 2 y o Article Text: Resolution goes before judge today By Brian Sharp Iowa City Press-Citizen Some of the 126 birds seized earlier this month from the squalid garage of an Iowa City home might be returned today to the man who kept them. Under terms of a settlement agreement, Ventura Dominguez would no longer be allowed to sell or breed birds - a business in which he has been active for several years, said Animal Control Supervisor Misha Goodman. Acting on a tip from a disgruntled customer, animal control officers went to Dominguez's 2300 California Ave. home Nov. 12 to find the birds living in insect-infested cages laden with feces and urine, Goodman said. At least three of the birds have since died. Goodman said the resolution requires a judge's approval,which will be sought today in Johnson County District Court. Both parties also must sign the agreement, she said. If accepted, Dominguez would not face any city charges but would have to submit to routine inspections. For now,the birds - a group that includes macaws, cockatoos, Amazon parrots, canaries and finches - have found a home at Gen-X Pets, a new store at 415 10th Ave. in Coralville. Owner Michelle Morrison spends at least two hours each morning cleaning, feeding and watering the birds kept in 38 cages. http://infoweb.newsbank.com/iw-search/we/InfoWeb?p_action=doc&p_docid=0F7 DD945... 1/31/2003 Iowa City Press-Citizen (IA): Document Display Page 2 of 2 The flock,valued between $20,000 and $30,000, are kept in a storage room and the bathroom at the pet store to keep the birds, some of whom are sick or have infections, separate from the store's other birds. It also was done to diminish the constant clamor of chirping and squawking. "They're so traumatized," she said. "I know my neighbors (Iowa Audiology & Hearing Aid Centers) aren't excited about the noise." Goodman described the scene at Domingucz's 385-square-foot, 1?-stall garage as "gross and disgusting." Animal control officers,who needed four hours to remove all the birds, had to wear masks because of the intense odor, she said. While Morrison does not diminish the seriousness of the situation, she also does not want people thinking Dominguez is a bad person. Dominguez has an unpublished phone number and could not be reached for comment. "We've bought birds from Ventura for many years," said Morrison,whose brother owns Pet Degree. "I'm sure a lot of people bought from him - He would always deliver the birds. Ninety percent of them, we had no problems with." She was in the process of purchasing a baby sun conure when the birds were seized. The small, colorful bird showed no signs of sickness Friday as he danced in his cage, wanting out so he could play with Morrison. Elsewhere, two Moluccan Cockatoos bob with excitement, one saying, "Hello," and whistling at store patrons. Another bird sings opera when Morrison leaves the room. "I know how overwhelming it is (to keep 126 birds cleaned and fed)," she said, pointing to a bucket filled with about 28 pounds of excess food dumped out of the birds' dishes the past four days. "I could see how it could get away from you." Copyright(c) Iowa City Press-Citizen. All rights reserved. Reproduced with the permission of Gannett Co., Inc. by NewsBank, inc. Record Number: iac2002121014380802 E-Mall Text On! Dis'la List Previous Next `J -7 • I O J http://infoweb.newsbank.com/iw-searchhve/InfoWeb?p_action=doc&p_docid=0F7DD945... 1/31/2003 Iowa City Press-Citizen (IA): Document Display Page 1 of 2 tq,.wa-i 0.4 { C+'@SS ,CI lTetl; (2002-Current) Edit Search Help Home Record 2 of 4 E-Mall Text Only Display List Previous Next Iowa City Press-Citizen (IA) November 26, 2002 Neglected birds will be available for adoption Author: Brian Sharp; Staff Author: Iowa City Press-Citizen J Section: Cover - Page: IA .1 Estimated printed pages: 2 i Article Text: By Brian Sharp Iowa City Press-Citizen The city of Iowa City is now the owner of nearly 120 canaries,parakeets, finches and,well, a whole flock of squeaking and squawking feathered friends. All were seized this month from breeder Ventura Dominguez's 2300 California Ave. home. The birds were in a heated garage, kept in insect-infested cages laden with feces and urine, said Animal Control Supervisor Misha Goodman. Dominguez was allowed to reclaim four birds Monday, under a court-approved settlement. He is _ --arguing for the return of another three birds - all of which he claims were his pets. "We could have gotten all (of the birds) or none, but then that would've been it," Goodman said. "This gives him some birds and gives us a lot of latitude,which is what we wanted." Under the resolution, Dominguez is barred from selling or breeding birds. He also must submit to six inspections during the next year and have his birds seen by a veterinarian. He posted$900 bond Monday to cover the three birds' care until a Jan. 2 court hearing, and must pay $5,000 for the city boarding his entire flock the past 10 days. Goodman said she doubts Dominguez's pet claim given that one of the birds still sought, a female Moluccan cockatoo, was found living in the garage and had been eating insulation off the garage door for some time. Dominguez could not be reached for comment Monday. http://infoweb.newsbank.com/iw-search/we/Info Web?p_action=doc&p_docid=0F7DD947... 1/31/2003 Iowa City Press-Citizen(IA): Document Display Page 2 of 2 For the city,the task now turns to adopting the birds, once the extent of possible illness in the group is known. The phone already was ringing non-stop Monday, leading Goodman to ask that inquiries be directed through the center's Web site, www.icanimalcenter.org or e-mailed to Misha- Goodman@iowacity.org. The adoption task will begin with the breeding pairs, she said. Dominguez still could face criminal charges, Goodman said, listing possible infractions that include animal neglect, not being a licensed facility and violation of the city's nuisance ordinance. Of the 126 birds -valued between$20,000 and $30,000 - seized Nov. 15, at least four have died. Two babies hatched Monday. "Part of it is sad," Goodman said of Monday's resolution. "We take the birds, a number will go to other breeders that sell to other pet stores and they may not know what they're doing. The victory is rather bittersweet,to say the least. All we can hope is wherever they go, they are cared for better than they were in this case." Copyright(c) Iowa City Press-Citizen. All rights reserved. Reproduced with the permission of Gannett Co., Inc. by NewsBank, inc. Record Number: iac2002121015330829 - ill Text Orgy Dist lay List Previous Next rP-i ri ` z' http://infoweb.newsbank.com/iw-search/we/InfoWeb?p_action=doc&p_docid=0F7DD947... 1/31/2003 Gazette, The (Cedar Rapids-Iowa City): Document Display Page 1 of 2 ■ (1992-Current) \ t MESEMENIMIMEEMMEEMID Record 8 of 10 E-Mail Text Only Dis•la List Previous Next The Gazette (Cedar Rapids-Iowa City) November 26, 2002 wa Owner to give up 121 of birds C7rrl —n Agreement allows Dominguez to keep 4 of the exotic birds --- of, t Author: Erin Jordan; The Gazette -� Edition: IC 1 ; Section: B :7 Page: 1 Estimated printed pages: 2 Article Text: IOWA CITY GAZETTE IOWA CITY - Ventura Dominguez will get to keep four of the 125 exotic birds he kept as pets and breeders in his garage at 2300 California Ave. The Iowa City/Coralville Animal Care and Adoption Center reached an agreement Monday with Dominguez that he will not breed or sell birds, activities that landed him in hot water Nov. 12 when center workers discovered the birds living in unsanitary conditions. The Gazette reported last week that center staff removed the birds from Dominguez's garage after he failed to comply with orders to clean and treat the tropical birds, including macaws,parrots and cockatiels. Dominguez agreed to give the center permanent possession of 121 birds and pay for boarding, veterinarian fees, and laboratory tests done on the birds after they were removed from the garage Nov. 15. Misha Goodman, center supervisor, said the bill for boarding the birds for 10 days is $5,000. The center let Dominguez keep four birds - a macaw, conure, Congo African gray parrot and a rosy parakeet, Goodman said. The center did not want Dominguez to keep any male/female pairs of the same species to prevent further breeding, she said. "I think it's a real possibility anyway, and I'm not going to help in that," Goodman said. http://infoweb.newsbank.com/iw-search/we/InfoWeb?p_action=doc&p_docid=0F78F8019... 1/31/2003 Gazette, The (Cedar Rapids-Iowa City): Document Display Page 2 of 2 To keep the birds as pets, Dominguez must show proof the birds have been treated by a veterinarian in the next year, she said. Dominguez may still face city violations, including failure to obtain a state license to operate a pet shop, Goodman said. Center staff are now trying to figure out what will happen to the rest of the birds, being kept at Gen-X Pets in Coralville. Goodman said she is contacting breeders to see if they want some of the pairs. Other birds may be sold if they are deemed to be good pets, Goodman said. A Malayan box turtle found at the California Avenue residence is on display at the animal center, at Kirkwood Avenue and South Clinton Street. Bill Smith,who owned the turtle, gave it to the center, Goodman said. Bird rescue People interested in adopting the birds can e-mail Iowa City/Coralville Animal Care and Adoption Center Director Misha Goodman at Misha-Goodman@iowa-city.org Copyright(c)2002 Cedar Rapids Gazette Record Number: 1203651 E-Mail Text Only Display List Previous Next r�a Q C-, C U l'� T D a http://infoweb.newsbank.com/iw-search/we/InfoWeb?p_action=doc&p_docid=0F78F8019... 1/31/2003 Gazette, The (Cedar Rapids-Iowa City): Document Display Page 1 of 2 rt" (1992-Current) Edit Search Het• Home Record 7 of 10 E-Mail Text Only Display List Previous Next The Gazette (Cedar Rapids-Iowa City) November 26, 2002 I.C. man will keep 4 of his 125 birds J r _ Agreement forbids breeding, selling ----1 Author: Erin Jordan; The Gazette Edition: F '„ Section: B Page: 1 Estimated printed pages: 1 Article Text: IOWA CITY - Ventura Dominguez will get to keep four of the 125 exotic birds he kept as pets and breeders in his garage at 2300 California Ave. The Iowa City/Coralville Animal Care and Adoption Center reached an agreement Monday with Dominguez that he will not breed or sell birds, activities that landed him in hot water Nov. 12 when shelter workers discovered the birds living in unsanitary conditions. The Gazette reported last week that shelter staff removed the birds from Dominguez's garage after he failed to comply with orders to clean and treat the tropical birds, including macaws, parrots and cockatiels. Dominguez agreed to give the shelter permanent possession of 121 birds and pay for boarding, veterinarian fees, and laboratory tests done on the birds after they were removed from the'garage Nov. 15. Misha Goodman, shelter supervisor, said the bill for boarding the birds for 10 days is$5,000. The shelter let Dominguez keep four birds - a macaw, a conure, a Congo African gray parrot and a rosy parakeet, Goodman said. Dominguez may still face city violations, including failure to obtain a state license to operate a pet shop, Goodman said. Shelter staff are trying to figure out what will happen to the rest of the birds, being kept at Gen-X Pets in Coralville. Goodman said she is contacting breeders to see if they want some of the pairs. Other birds may be sold if they are deemed to be good pets, Goodman said. http://infoweb.newsbank.com/iw-search/we/InfoW eb?p_action=doc&p_docid=OF 78F801... 1/31/2003 Gazette,The (Cedar Rapids-Iowa City): Document Display Page 2 of 2 People interested in the birds can e-mail Goodman at Misha-Goodman@iowa-city.org Copyright (c) 2002 Cedar Rapids Gazette Record Number: 1203649 E-Mall Text Only Displa List Previous Next c-� 0 r , C- y .J f r- �7 �1 http://infoweb.newsbank.com/iw-search/we/InfoWeb?p_action=doc&p_docid=0F78F801... 1/31/2003 Gazette, The (Cedar Rapids-Iowa City): Document Display Page 1 of 2 .E, (1992-Current) Edit Search Hel8 Home Record 6 of 10 E-Mall Text Only Displa list Previous Next The Gazette (Cedar Rapids-Iowa City) January 15, 2003 O Adopted birds quarantined for infection C> 49 birds seized in Iowa City must undergo treatment n- i Author: Erin Jordan; The Gazette - Edition: IC , Section: A o Page: 1 Estimated printed pages: 2 Article Text: IOWA CITY - People who adopted exotic birds seized from an unfit home in November must now treat the birds for a bacterial disease to lift a quarantine placed Dec. 18 on 49 birds. The Iowa City/Coralville Animal Care and Adoption Center learned in mid-December that one bird, from 125 impounded Nov. 15, tested positive for Chlamydophila psittaci, an infection that can be passed to humans. "We issued 15 quarantines covering approximately 49 birds from (Iowa City) animal control," said Dr. David Schmitt, assistant state veterinarian. Most of the bird owners live in or near Iowa City and Cedar Rapids. The quarantine - the largest Schmitt has imposed since he joined the Bureau of Animal Industry in 1999 -requires owners to isolate all birds on the premises until they are treated with 45 days of medication, he said. Chlamydophila psittaci,which causes inflammation of the eyes, wasting and diarrhea in birds, can be passed to other birds or animals through bird feces or nasal discharge, Schmitt said. In humans, the infection is called Psittacosis, or parrot fever. It causes flulike symptoms and can lead to severe pneumonia. The disease is rarely fatal if treated, according to the American Veterinary Medical Association. Iowa City veterinarian Allan Berger said the drug used to treat Chlamydophila psittaci costs $10 per week per bird. There are other costs associated with testing the bird for the infection and getting certification to lift the quarantine. At least two local residents with birds under quarantine are opting not to treat the birds because of risks http://infoweb.newsbank.com/iw-search/we/InfoWeb?p_action=doc&p_docid=0F897E 1 D... 1/31/2003 Gazette, The(Cedar Rapids-Iowa City): Document Display Page 2 of 2 associated with treatment, Berger said. "The one test that turned out positive is a good screening test, but it's not necessarily a diagnosis. It's a question of balancing risks," he said. Jeff Lampkin, 43, of Des Moines,purchased two umbrella cockatoos for$700 from the animal center. The 4-year-old male/female pair, Sidney and Lucky, have tested negative for the infection, he said. Lampkin is frustrated the center did not test the birds for Chlamydophila psittaci before selling them. He has not yet made the decision about treating Sidney and Lucky, as well as his other five birds. "The money is not the issue," he said. "They knew they were being placed in a home with other birds." Animal center supervisor Misha Goodman said the birds did have brief checkups with a veterinarian, but were not tested for the disease. The state does not require that type of testing and none of the birds had shown symptoms at that time. Center staff impounded the 125 birds from Ventura Dominguez's garage, at 2300 California Ave., Iowa City. The exotic species, which included parrots, cockatoos and macaws, were living in cramped filthy conditions and many had deformities caused by poor breeding, Goodman said. The birds were boarded at Gen-X Pets in Coralville for several weeks before owners were located. The $7,290 the city made from selling 35 birds went to pay for room, board and veterinary bills. The rest of the birds were given to the Midwest Avian Adoptive and Rescue Services in Minnesota. Goodman said this case, which lasted longer than a month, was a challenge for her staff. "This was an unusual case for us. It's not every day we get 26 species of birds at one time. Our job is to learn as much as possible, but the public needs to do that too," Goodman said. Caption: Toby, a Timneh African Gray parrot, was adopted by Michelle Morrison of Gen-X Pets in Coralville. She's treating the bird for possible infection. COLOR PHOTO Miranda Meyer - Copyright(c) 2003 Cedar Rapids Gazette Record Number: 1209275 E-Mail Text Only Display List Previous Next i H http://infoweb.newsbank.com/iw-search/we/InfoW eb?p_action=doc&p_docid=OF 897E 1 D... 1/31/2003 i , U: E,� . Man charged after $,:islye�, . },44 r E . rA city seizes his birds ! ; �` 1 BY GRANT SCHULTE infected birds,said Misha Good- - � Si ' a it„y.�, � -�„?.:IfSt THE DAILY IOWAN man,the agency's supervisor. - More than 70 were sent to the John Richard/The Daily Iowan An Iowa City man who had Minnesota Rescue and Adop- Karen Kubby speaks at the Emma Goldman Clinic's Choice more than 120 birds taken from tion Service following a Jan. 6 Dinner on Wednesday evening at the IMU. his garage by city regulators court order, and others were • who described the habitat as adopted,she said. said, sipping hot tea from a quite frankly is in jeopardy.” filthy was charged Wednesday Goodman, who has super- canteen. "I'm here to cele- No protesters plagued Emma with animal neglect. vised the agency for nine years, brate.I think we need not just - Ventura Dominguez was also said she has never seen such to protestagainst something charged with a nuisance viola- extreme conditions in an Iowa but support sornethmg that tion for allowing the birds' GS home. hit'sx,,p *ROE PAGE 10A City int F -k4 . .,, L-; t, - waste to accumulate. In response to apparent cora - In November 2002,Iowa City ments Goodman has made to slim Animal Control officers said local media,Dominguez is seek- • S Illll C a n1�J they discovered hundreds of ing$20,000 from the city on the Proposed Site of : . �' birds, some exotic, in grounds that she defamed him. MuslimYouthCamp f Dominguez's garage after ,, ;.r•, E`. g He specifically mentions Good- c 4fi receiving a tip from a disgrun- man in the formal claim to the neering. The document out- r '2�` L" tied customer of his bird-breed- specify what ton lines severalpossible uses of -,,,„,-,),:i{ rim but does not ing and selling business. remarks she made. uld the land and identifies they ¢ Dominguez, 2300 California "I have no idea" why rest camp's proposal as the pre- ---At' {j Ave.,had"birds of various sizes Dominguez is filing the claim, ferrel alternative, asserting and species in overcrowded con- Goodman said. not that the project is consistent i -•% lay with the Corps'master plan x� >� 'r > ,`s; vdentilation" without appropriate Dominguez, a who has an "If for the area and poses no sig- ventilation"in his residence, a unlisted phone number, was t to nificant threat to the envi- w .- n ., report filed by the agency says. sought out at his home but elY ronment, Animal-control officials who. unavailable for comment. The But members of the John- Solon searched the garage Nov. 12 city searched his home after ion son County Board of Supervi_ also discovered that the birds receiving a tip from a customer I-. turn lacked proper veterinary care, whose bird had died 11 days Ll 4 # _ � and most were provided with after she boughtWt, said his 7 -. •;: "filthy, feces-ridden water"and brother,Carlos Dominguez. t. SEE MUSLIM CAMP, PAGE 10A Source:US Amory amps of Engineers . cryol food inadequate for constimp- As he spoke,the noise of dogs i- .sots voiced their concerns :,, t tion,the report alleges.Officials and several birds were heard in - - _ also allegedly observed an the home. "exrPssive"amount of bird feces Chad Warren, a man court ming names in e—mail and urine around their cages, documents identify as creating an unhealthy environ- Dominguez's attorney, declined went. to comment Wednesday night. mail more like an oral conver- employees never to assume that One hundred twenty-six of Both charges against Ventura sation than a written docu- e-mails are confidential.While the birds, which include Dominguez are simple misde- ment,"said Marc Mills,the uni- personnel matters are not subject macaws,Amazon parrots, and meanors,punishable with a fine versity's senior associate coun- • to open records laws,e-mails can canaries, were impounded ' between $50 and $500 or 30 selor, who co-authored the beenteredintothepublicdomain under asearch warrant Nov.15 days in jail. Dominguez is guidelines distributed on Jan. if uncovered during legal pro- and quarantined by Iowa City scheduled to make his initial 17. "As a result, we sometimes ceedings• Animal Services. One tested appearance Feb. 19 in District see things in e-mails we'd positive for parrot fever,a respi- Court. rather not see:' ratory disease that humans can E-MPR DI REPoRnn GRANT SOW=AT: The guidelines warn university SEE EMAIL, PAGE 10A contract by inhaling dry feces of GRANT-somLTEOUIOWA.EDU • r- CHECK US OUT AT �'t- ii,.: Crossword 811 Sports 16, ��p■ ��� /� gyp• ® �@� y� Mt ,� ' Opinions 12A -'TV Listings 8B y6iHy11y.DAILi IOWAN.COGVI AD=t11t acYtLEs 5006 co^`u..uor. n"p ,,,ta,-",•••:r ••4.J"•nua-i:?1,1"l`OLL'�`LL- V rt ' • v Marian Karr From: Sue Dulek Sent: Wednesday, February 12, 2003 3:18 PM To: Marian Karr Subject: RE: Ventura Dominguez request It is an open record. No need to do anything else. -----Original Message--- From: Marian Karr Sent: Friday, February 07,2003 10:12 AM To: Sue Dulek Subject: Ventura Dominguez request Yesterday I received the hand delivered request (and in speaking to Annie my understanding was that you also received your copies). Today I received the certified delivered set of materials. I file stamped both, and I assuem if asked they are public records. Please let me know if I should be doing anything else with the request. 1 KENNEDY, CRUISE, ANDERSON, FREY & BRISCOE, L.L.P. ATTORNEYS AT LAW 920 S. DUBUQUE STREET-P.O. BOX 2000 MICHAEL W. KENNEDY IOWA CITY, IOWA 52244 OF COUNSEL. STEVEN C.ANDERSON TELEPHONE(319)351-8181 JOHN D.CRUISE KIRSTEN H. FREY FAX(319)351-0605 KANDIE K. BRISCOE' 'ALSO CERTIFIED CHAD T.WARREN PUBLIC ACCOUNTANT LILLIAN LYONS DAVIS February 6, 2003 HAND DELIVERY& CERTIFIED RETURN RECEIPT --� Sue Dulek _ 1 Assistant City Attorney 410 E. Washington Street CD Iowa City, IA 52240 0-3 City of Iowa City C/o Marian Karr, City Clerk 410 E. Washington Street Iowa City, IA 52240 Re: Ventura Dominguez/Request for Further Information Pursuant to Iowa Code Section 670.5 Dear Ms. Dulek and Ms. Karr: This letter is in response to Ms. Dulek's letter dated January 22, 2003, wherein she requested my client, Ventura Dominguez, state the time, place, and circumstances of the various defamatory statements made by Misha Goodman. Furthermore,this letter addresses the compensation or other relief demanded by my client. Defamatory statements are unlike other tortious conduct. For instance, if a City vehicle is involved in a motor vehicle accident,the date,time,place, and circumstances thereof are obvious and readily available. Furthermore, in such an instance, damages are also easily compiled. Such is not the case with defamation. The City of Iowa City, and its employee, Misha Goodman, are in a much better position to piece together the facts that would indicate time, place, and circumstances of each defamatory statement. However, in order to comply with Iowa Code Section 670.5, my client submits the information below to provide the City of Iowa City with full disclosure of all of the knowledge available to him concerning the defamatory statements made by Ms. Goodman. Furthermore, as the various defamatory statements may have been made on one or multiple occasions, it is difficult to assess a portion of damage to each particular statement made. Rather, it is much easier to assess damages by compiling the defamatory statements made by Ms. Goodman. February 6,2003 Page 2 As with any litigation, it is possible further facts will be brought to light, indicating additional tortious conduct. Such is the case here. There may have been other defamatory statements made other than the ones my client has been able to identify. The following information is provided in an attempt to provide full disclosure to the City of the defamatory statements within my client's knowledge. However, my client reserves the right to pursue claims against the City of Iowa City and Ms. Goodman for statements made by Ms. Goodman during the time period,even though the specific facts of each statement are not readily available to my client. Again,to comply with Iowa Code Section 670.5, my client provides full disclosure with respect to every particular defamatory statement of which he is aware. A series of newspaper articles were printed which clearly indicate Misha Goodman was making defamatory statements concerning Ventura Dominguez. Copies of these articles are enclosed. These newspaper articles are as follows: 1. Source: The Gazette (Cedar Rapids—Iowa City) Date: November 20, 2002 Title: Birds removed from garage Author: Erin Jordan Edition: F Section B Page: 5 Said article indicates that, on or before November 20, 2002, Ms. Goodman made one or more defamatory statements to Erin Jordan, or another employee of the Cedar Rapids Gazette. These defamatory statements included the following information: • Ventura Dominguez bred and housed birds in unsanitary, and possibly illegal conditions. (Paragraph 1) • Ventura Dominguez's birdcages contained months' worth of bircteces. (Paragraph 3) 2. Source: The Gazette(Cedar Rapids—Iowa City) Date: November 20, 2002 Title: 125 birds removed from I.C. residence . =� Author: Erin Jordan Edition: IC Section B Page: 2 Said article indicates that, on or before November 20, 2002, Ms. Goodman made one or more defamatory statements to Erin Jordan, or another employee of the Cedar Rapids Gazette. These defamatory statements included the following information: February 6,2003 Page 3 • "We found really unsanitary conditions and a lot of birds." (Paragraph 3) • Mr. Dominguez's cages had months' worth of bird feces and the birds were dirty and had not had adequate veterinary care. (Paragraph 4) • Mr. Dominguez had failed to clean or treat the animals and that an ornate box turtle was dead due to starvation. (Indicating Mr. Dominguez owned the turtle and was responsible for its death.) (Paragraph 6) • Mr. Dominguez was a poor breeder and, as a result thereof, some of his birds had deformities. (Paragraph 6) 3. Source: Iowa City Press-Citizen Date: November 21, 2002 Title: City will go to court to take seized birds Author: Staff Section Records Page: 4A Said article indicates that, on or before November 21, 2002, Misha Goodman made the following defamatory statements to staff of the Iowa City Press-Citizen. These defamatory statements included the following information: • The bird cages were laden in feces and urine and infested with insects. The garage in which the birds were kept was heated, but not ventilated. (Paragraph 2) • "We went out(November 12), he let us in and it was gross and disgusting...The odor was unbelievable. We had to wear masks when we went in." (Paragraph 4) • Mr. Dominguez was given until Friday to clean up the mess, and have an ornate box turtle seen by a vet. The turtle, one of two in the home, appeared sickly and was not properly cared for. Mr. Dominguez emptied the feces from a few cages, but otherwise placed new bedding over the old and fresh food in dirty dishes. The turtle was dead. (Paragraph 5) • "We don't see this in Iowa City very often." (Paragraph 8) 4. Source: Iowa City Press-Citizen Date: November 25, 2002 Title: City may return neglected birds Author: Brian Sharp; Staff Section Cover = =, Page: 1 A = , February 6,2003 Page 4 Said article indicates that, on or before November 25, 2002, Ms. Goodman made the following defamatory statements to Brian Sharp, or another employee of the Iowa City Press-Citizen. These defamatory statements included the following information: • Animal control officers went to Mr. Dominguez's home on November 12th and found birds living in insect-infested cages laden with feces and urine. (Paragraph 3) • Ms. Goodman described the garage at Mr. Dominguez's home as "gross and disgusting". She also stated animal control officers had to wear masks because of the intense odor. (Paragraph 9) 5. Source: Iowa City Press-Citizen Date: November 26, 2002 Title: Neglected birds will be available for adoption Author: Brian Sharp; Staff Section cover Page: 1 A Said article indicates that, on or before November 26, 2002, Ms. Goodman made the following defamatory statements to Brian Sharp, or another employee of the Iowa City Press-Citizen. These defamatory statements included the following information: • The birds were kept in insect-infested cages laden with feces and urine. (Paragraph 2) • Ms. Goodman states she doubts Mr. Dominguez's claim that a female Moluccan cockatoo was his pet. She alleges the bird had been eating insulation off the garage door for some time. (Paragraph 7) • "Part of it is sad....We take the birds, a number will go to other breeders that sell to other pet stores and they may not know what they are doing. The victory is rather bittersweet,to say the least. All we can hope is wherever they go,they are cared for better than they were in this case." (Paragraph 11) 6. Source: The Gazette (Cedar Rapids—Iowa City) Date: November 26, 2002 Title: Owner to give up 121 of birds • Author: Erin Jordan Edition: IC Section B Page: 1 Said article indicates that, on or before November 26, 2002, Ms. Goodman made the following defamatory statements to Erin Jordan, or another employee of the Cedarc;; Rapids Gazette. These defamatory statements included the following information: February 6,2003 Page 5 • Animal Control officers discovered the birds living in unsanitary conditions. (Paragraph 2) • "I think it's a real possibility anyway, and I'm not going to help in that." (Referring to the possibility that Mr. Dominguez may wish to breed birds in the future.) (Paragraph 8) 7. Source: The Gazette(Cedar Rapids—Iowa City) Date: November 26, 2002 Title: I.C. man will keep 4 of his 125 birds Author: Erin Jordan Edition: F Section B Page: 1 Said article indicates that, on or before November 26, 2002, Ms. Goodman made the following defamatory statements to Erin Jordan, or another employee of the Cedar Rapids Gazette. These defamatory statements included the following information: • Animal control officers discovered the birds living in unsanitary conditions. 8. Source: The Gazette (Cedar Rapids—Iowa City) Date: January 15, 2003 _� Title: Adopted birds quarantined for infection Author: Erin Jordan Edition: IC �1 ,ti Section A - Page: 1 Said article indicates that, on or before January 15, 2003, Ms. Goodman made th following defamatory statements to Erin Jordan, or another employee of the Cedar Rapids Gazette. These defamatory statements included the following information: • Mr. Dominguez's birds were living in cramped filthy conditions and many had deformities caused by poor breeding. (Paragraph 14) 9. Source: The Daily Iowan Date: January 23, 2003 Title: Man charged after city seizes his birds Author: Grant Schulte Said article indicates that, on or before November 20, 2002, Ms. Goodman made the following defamatory statements to Grant Schulte, or another employee of The Daily Iowan. These defamatory statements included the following information: February 6,2003 Page 6 • Ms. Goodman states she has never seen such extreme conditions in an Iowa City home. (Paragraph 8) It is clear from the above articles Ms. Goodman made defamatory statements concerning Mr. Dominguez. With the above information, the City of Iowa City has more than adequate information necessary to investigate the facts and circumstances. The primary purpose of Iowa Code Section 670.5 is to provide a method for municipalities to investigate claims while the facts are fresh. Iowa Power and Light Co. v. Board of Water Works Trustees of City of Des Moines, 281 N.W.2d 827 (Iowa Ct. App. 1979). Mr. Dominguez has provided full disclosure of all the information available to him. This information is more than sufficient to allow the City to investigate the facts. As mentioned previously, it is difficult to place a dollar amount of damages on each specific defamatory statement. It is difficult to ascertain exactly how many individuals were present when said defamatory statements were made. Nevertheless, as specified in the Notice from my client dated January 8, 2003, Mr. Dominguez has been damaged in the amount of $20,000.00. In addition, he seeks an injunction against the City of Iowa City related to the defamatory statements. If you have any questions, please feel free to give me a call. Very truly yours, Chad T. Warren CTW/ah Cc: Ventura Dominguez CW4IL88A00318 0 Gazette, The(Cedar Rapids-Iowa City): Document Display Page 1 of 1 Li.ci (1992-Current) r.24 24 Edit Search Hel Home Record 10 of 10 E-Mail Text Only Display List Previous The Gazette (Cedar Rapids-Iowa City) November 20, 2002 Birds removed from garage Housing area for 125 exotic birds called unsanitary _ Author: Erin Jordan; The Gazette =, i1 Edition: F i Section: B i-- ~ i Page: 5 0 - J � o Estimated printed pages: 1 0-3 Article Text: IOWA CITY - It took animal control workers more than four hours to remove 125 exotic birds from the garage of an Iowa City home where they had been bred and housed in unsanitary, and possibly illegal, conditions. Misha Goodman, supervisor at the Iowa City Animal Shelter, said animal control workers went last week to investigate the home of Ventura Dominguez, 35, at 2300 California Ave., after a man reported buying a bird from Dominguez that later died. Workers who visited the home Nov. 12 found the tropical birds, including cockatiels,parrots, and macaws, in 54 cages in the garage, which was heated with electric heaters. The cages had months' worth of bird feces. Goodman said she will consult with state officials and decide on possible criminal charges or city citations. Copyright (c) 2002 Cedar Rapids Gazette Record Number: 1202993 E-Mail Text Only Dis•lay List Previous http://infoweb.newsbank.com/iw-search/we/InfoWeb?p_action=doc&p_docid=0F77064D... 1/31/2003 Gazette,teeThe(Cedar Rapids-Iowa City): Document Display Page 1 of 2 ` " t"• (1992-Current) Edit Search Hel. Home Record 9 of 10 E•Mall Text Only Display List Previous Next The Gazette (Cedar Rapids-Iowa City) November 20, 2002 125 birds removed from I.C. residence Housing area for exotic animals called unsanitary Author: Erin Jordan; The Gazette Edition: IC Section: B Page: 2 Estimated printed pages: 2 _ Article Tex1.2 t: : . - jo IOWA CITY GAZETTE IOWA CITY- It took animal control workers more than four hours to remove 125 exotic birds from the garage of an Iowa City home where they had been bred and housed in unsanitary, and possibly illegal, conditions. Misha Goodman, supervisor at the Iowa City Animal Shelter, said animal control workers went last week to investigate the home of Ventura Dominguez, 35, at 2300 California Ave., after a man reported buying a bird from Dominguez that later died. "We found really unsanitary conditions and a lot of birds," Goodman said Tuesday. Workers who visited the home Nov. 12 found the tropical birds, including cockatiels,parrots, and _ __macaws, in 54 cages in the garage, which was heated with electric heaters. The cages had months' worth of bird feces and the birds were dirty and had not had adequate veterinary care, Goodman said. Animal control workers also found a Malayan box turtle and an ornate box turtle at the home during the Nov. 12 visit. When they returned Friday to see if Dominguez had cleaned and treated the animals, workers found the ornate box turtle dead, Goodman said. Examination of the turtle showed it likely starved to death, she said. Goodman believes Dominguez had sold birds from the home for a number of years. Because of poor breeding, some birds had deformities, she said. Workers impounded the animals Nov. 15 and took them to Gen-X Pets, a pet store in Coralville. To http://infoweb.newsbank.com/iw-search/we/InfoWeb?p_action=doc&p_docid=0F77064D... 1/31/2003 Gazette, The(Cedar Rapids-Iowa City): Document Display Page 2 of 2 protect the birds from the cold, each cage was covered with blankets before being removed from the garage, Goodman said. It took animal control workers and pet store employees another four hours after the impounding to clean the birds and their cages. Goodman said she will consult the Iowa Department of Natural Resources and decide on possible criminal charges or city citations for Dominguez or Bill Smith, who also lives at the residence and owns the turtles. Federal guidelines say ornate box turtles cannot be removed from the wild. Copyright(c) 2002 Cedar Rapids Gazette Record Number: 1202966 E-Mail Text Only Display List Previous Next cra o T1 o co • • http://infoweb.newsbank.com/iw-search/we/InfoWeb?p_action=doc&p_docid=0F77064D... 1/31/2003 Iowa City Press-Citizen (IA): Document Display Page 1 of 2 Iowa Citi; Wress-t� t en (2002-Current) �> -a- ,c-.,,.ted xu a Edit Search Help Home Record 4 of 4 E-Mail Text Only Display List Previous Iowa City Press-Citizen (IA) November 21, 2002 City will go to court to take seized birds Author: Staff Author: Iowa City Press-Citizen O. Section: Records -c' 71 Page: 4A - Index Terms: Courts Estimated printed pages: 2 ' co Article Text: Iowa City Press-Citizen Animal Control officers will seek a court order Monday to permanently take possession of 126 birds seized from squalor in the garage of a south Iowa City home. Two of the birds have died. Animal Control Supervisor Misha Goodman said the birdcages were laden in feces and urine and infested with insects. The 385-square-foot, 1?-stall garage at 2300 California Ave., was heated but not ventilated, she said. A woman who bought a sun conure from breeder Ventura Dominguez for$300 alerted officers to the —--problem. The bird died. "We went out (Nov. 12), he let us in and it was gross and disgusting," Goodman said. "The odor was unbelievable. We had to wear masks when we went in." Dominguez was given until Friday to clean up the mess, and have an ornate box turtle seen by a vet. The turtle, one of two at the home, appeared sickly and was not properly cared for, Goodman said. When officers returned, she said, Dominguez had emptied the feces from a few cages but otherwise placed new bedding over the old and fresh food in dirty dishes. The turtle was dead. It took officers four hours to remove the birds,which included finches, canaries, Amazon parrots, cockatoos and macaws. For now, the birds are at a Coralville pet store, Gen-X Pets. Goodman said tests being done on the birds will determine what charges will be filed and if the birds http://infoweb.newsbank.com/iw-search/we/InfoWeb?p_action=doc&p_docid=0F779963 C... 1/31/2003 Iowa City Press-Citizen (IA): Document Display Page 2 of 2 can be adopted. Dominguez likely faces city infractions, she said. Another resident, Bill Smith, claimed ownership of the turtles. He could face a state charge because the turtle died. Dominguez's breeder business appears to date back more than seven years, Goodman said, adding, "We don't see this in Iowa City very often." Copyright(c) Iowa City Press-Citizen. All rights reserved. Reproduced with the permission of Gannett Co., Inc. by NewsBank, inc. Record Number: iac2002112115140508 E-Mall Text Only Display List Previous • ; , l _ .l • C http://infoweb.newsbank.com/iw-search/we/InfoWeb?p_action=doc&p_docid=0F779963 C... 1/31/2003 Iowa City Press-Citizen (IA): Document Display Page 1 of 2 tqvgq3 City Press'e.Itiz n; (2002-Current) Edit Search Help Home Record 3 of 4 E-Mall Text Only Display List Previous Next Iowa City Press-Citizen (IA) November 25, 2002 City may return neglected birds Author: Brian Sharp; Staff Author: Iowa City Press-Citizen Section: Cover Page: lA n --, Estimated printed pages: 2 - • Article Text: ' Resolution goes before judge today rTh UJ By Brian Sharp Iowa City Press-Citizen Some of the 126 birds seized earlier this month from the squalid garage of an Iowa City home might be returned today to the man who kept them. Under terms of a settlement agreement, Ventura Dominguez would no longer be allowed to sell or breed birds - a business in which he has been active for several years, said Animal Control Supervisor Misha Goodman. Acting on a tip from a disgruntled customer, animal control officers went to Dominguez's 2300 California Ave. home Nov. 12 to find the birds living in insect-infested cages laden with feces and urine, Goodman said. At least three of the birds have since died. Goodman said the resolution requires a judge's approval, which will be sought today in Johnson County District Court. Both parties also must sign the agreement, she said. If accepted, Dominguez would not face any city charges but would have to submit to routine inspections. For now, the birds - a group that includes macaws, cockatoos, Amazon parrots, canaries and finches - have found a home at Gen-X Pets, a new store at 415 10th Ave. in Coralville. Owner Michelle Morrison spends at least two hours each morning cleaning, feeding and watering the birds kept in 38 cages. http://infoweb.newsbank.com/iw-search/we/InfoWeb?p_action=doc&p_docid=0F7DD945... 1/31/2003 Iowa City Press-Citizen (IA): Document Display Page 2 of 2 The flock, valued between$20,000 and $30,000, are kept in a storage room and the bathroom at the pet store to keep the birds, some of whom are sick or have infections, separate from the store's other birds. It also was done to diminish the constant clamor of chirping and squawking. "They're so traumatized," she said. "I know my neighbors (Iowa Audiology & Hearing Aid Centers) aren't excited about the noise." Goodman described the scene at Dominguez's 385-square-foot, 1?-stall garage as "gross and disgusting." Animal control officers, who needed four hours to remove all the birds, had to wear masks because of the intense odor, she said. While Morrison does not diminish the seriousness of the situation, she also does not want people thinking Dominguez is a bad person. Dominguez has an unpublished phone number and could not be reached for comment. "We've bought birds from Ventura for many years," said Morrison, whose brother owns Pet Degree. "I'm sure a lot of people bought from him -He would always deliver the birds.Ninety percent of them, we had no problems with." She was in the process of purchasing a baby sun conure when the birds were seized. The small, colorful bird showed no signs of sickness Friday as he danced in his cage, wanting out so he could play with Morrison. Elsewhere, two Moluccan Cockatoos bob with excitement, one saying, "Hello," and whistling at store patrons. Another bird sings opera when Morrison leaves the room. "I know how overwhelming it is (to keep 126 birds cleaned and fed)," she said, pointing to a bucket filled with about 28 pounds of excess food dumped out of the birds' dishes the past four days. "I could see how it could get away from you." Copyright(c) Iowa City Press-Citizen. All rights reserved. Reproduced with the permission of Gannett Co., Inc. by NewsBank, inc. Record Number: iac2002121014380802 E-Mail Text Onl Dis•lay List Previous Next Ci • I • _ , F3 5 n http://infoweb.newsbank.com/iw-search/we/InfoW eb?p_action=doc&p_docid=0F7DD 945... 1/31/2003 Iowa City Press-Citizen (IA): Document Display Page 1 of 2 %WO eft 114 (2002-Current) �t Edit Search Help Home Record 2 of 4 E-Mail Text Only Display List Previous Next Iowa City Press-Citizen (IA) November 26, 2002 Neglected birds will be available for adoption Author: Brian Sharp; Staff , 04� Author: Iowa City Press-Citizen - -fl Section: Cover Page: lA - . 1 Estimated printed pages: 2 Article Text: By Brian Sharp Iowa City Press-Citizen The city of Iowa City is now the owner of nearly 120 canaries, parakeets, finches and,well, a whole flock of squeaking and squawking feathered friends. All were seized this month from breeder Ventura Dominguez's 2300 California Ave.home. The birds were in a heated garage, kept in insect-infested cages laden with feces and urine, said Animal Control Supervisor Misha Goodman. Dominguez was allowed to reclaim four birds Monday, under a court-approved settlement. He is arguing for the return of another three birds - all of which he claims were his pets. "We could have gotten all (of the birds) or none, but then that would've been it," Goodman said. "This gives him some birds and gives us a lot of latitude, which is what we wanted." Under the resolution, Dominguez is barred from selling or breeding birds. He also must submit to six inspections during the next year and have his birds seen by a veterinarian. He posted $900 bond Monday to cover the three birds' care until a Jan. 2 court hearing, and must pay $5,000 for the city boarding his entire flock the past 10 days. Goodman said she doubts Dominguez's pet claim given that one of the birds still sought, a female Moluccan cockatoo, was found living in the garage and had been eating insulation off the garage door for some time. Dominguez could not be reached for comment Monday. http://infoweb.newsbank.com/iw-search/we/InfoWeb?p_action=doc&p_docid=0F7DD947... 1/31/2003 Iowa City Press-Citizen(IA): Document Display Page 2 of 2 For the city,the task now turns to adopting the birds, once the extent of possible illness in the group is known. The phone already was ringing non-stop Monday, leading Goodman to ask that inquiries be directed through the center's Web site,www.icanimalcenter.org or e-mailed to Misha- Goodman@iowacity.org. The adoption task will begin with the breeding pairs, she said. Dominguez still could face criminal charges, Goodman said, listing possible infractions that include animal neglect, not being a licensed facility and violation of the city's nuisance ordinance. Of the 126 birds -valued between $20,000 and $30,000 - seized Nov. 15, at least four have died. Two babies hatched Monday. "Part of it is sad," Goodman said of Monday's resolution. "We take the birds, a number will go to other breeders that sell to other pet stores and they may not know what they're doing. The victory is rather bittersweet, to say the least. All we can hope is wherever they go, they are cared for better than they were in this case." Copyright (c) Iowa City Press-Citizen. All rights reserved. Reproduced with the permission of Gannett Co., Inc. by NewsBank, inc. Record Number: iac2002121015330829 E-Mail Text Only Dis'lay List Previous Next La - - — --' • - n http://infoweb.newsbank.com/iw-search/we/InfoW eb?p_action=doc&p_docid=0F7DD947... 1/31/2003 Gazette, The (Cedar Rapids-Iowa City): Document Display Page 1 of 2 4tte (1992-Current) Edit Search Help Home Record 8 of 10 E-Mail Text Only Dis I lay List Previous Next The Gazette (Cedar Rapids-Iowa City) November 26, 2002 O `� Owner to give up 121 of birds __n Agreement allows Dominguez to keep 4 of the exotic birds �'_ � --' fl Author: Erin Jordan;The Gazette 2, v Edition: IC Section: B `D Page: I Estimated printed pages: 2 Article Text: IOWA CITY GAZETTE IOWA CITY - Ventura Dominguez will get to keep four of the 125 exotic birds he kept as pets and breeders in his garage at 2300 California Ave. The Iowa City/Coralville Animal Care and Adoption Center reached an agreement Monday with Dominguez that he will not breed or sell birds, activities that landed him in hot water Nov. 12 when center workers discovered the birds living in unsanitary conditions. The Gazette reported last week that center staff removed the birds from Dominguez's garage after he failed to comply with orders to clean and treat the tropical birds, including macaws, parrots and cockatiels. Dominguez agreed to give the center permanent possession of 121 birds and pay for boarding, veterinarian fees, and laboratory tests done on the birds after they were removed from the garage Nov. 15. Misha Goodman, center supervisor, said the bill for boarding the birds for 10 days is $5,000. The center let Dominguez keep four birds - a macaw, conure, Congo African gray parrot and a rosy parakeet, Goodman said. The center did not want Dominguez to keep any male/female pairs of the same species to prevent further breeding, she said. "I think it's a real possibility anyway, and I'm not going to help in that," Goodman said. http://infoweb.newsbank.com/iw-search/we/InfoW eb?p_action=doc&p_docid=0F78F8019... 1/31/2003 Gazette, The(Cedar Rapids-Iowa City): Document Display Page 2 of 2 To keep the birds as pets, Dominguez must show proof the birds have been treated by a veterinarian in the next year, she said. Dominguez may still face city violations, including failure to obtain a state license to operate a pet shop, Goodman said. Center staff are now trying to figure out what will happen to the rest of the birds, being kept at Gen-X Pets in Coralville. Goodman said she is contacting breeders to see if they want some of the pairs. Other birds may be sold if they are deemed to be good pets, Goodman said. A Malayan box turtle found at the California Avenue residence is on display at the animal center, at Kirkwood Avenue and South Clinton Street. Bill Smith, who owned the turtle, gave it to the center, Goodman said. Bird rescue People interested in adopting the birds can e-mail Iowa City/Coralville Animal Care and Adoption Center Director Misha Goodman at Misha-Goodman@iowa-city.org Copyright(c) 2002 Cedar Rapids Gazette Record Number: 1203651 E-Mail Text Only Display List Previous Next o y� r ; T1 Q. Y http://infoweb.newsbank.com/iw-search/we/InfoWeb?p_action=doc&p_docid=0F78F8019... 1/31/2003 Gazette, The(Cedar Rapids-Iowa City): Document Display Page 1 of 2 ci (1992-Current) Edit Search Hel• Home Record 7 of 10 E-Mall Text Oni Dls•la List Previous Next The Gazette (Cedar Rapids-Iowa City) November 26, 2002 I.C. man will keep 4 of his 125 birds -- Agreement forbids breeding, selling Author: Erin Jordan;The Gazette Edition: F Section: B Page: 1 Estimated printed pages: 1 Article Text: IOWA CITY- Ventura Dominguez will get to keep four of the 125 exotic birds he kept as pets and breeders in his garage at 2300 California Ave. The Iowa City/Coralville Animal Care and Adoption Center reached an agreement Monday with Dominguez that he will not breed or sell birds, activities that landed him in hot water Nov. 12 when shelter workers discovered the birds living in unsanitary conditions. The Gazette reported last week that shelter staff removed the birds from Dominguez's garage after he failed to comply with orders to clean and treat the tropical birds, including macaws,parrots and cockatiels. Dominguez agreed to give the shelter permanent possession of 121 birds and pay for boarding, veterinarian fees, and laboratory tests done on the birds after they were removed from the-garage Nov. _15. Misha Goodman, shelter supervisor, said the bill for boarding the birds for 10 days is$5,000. The shelter let Dominguez keep four birds-a macaw, a conure, a Congo African gray parrot and a rosy parakeet, Goodman said. Dominguez may still face city violations, including failure to obtain a state license to operate a pet shop, Goodman said. Shelter staff are trying to figure out what will happen to the rest of the birds, being kept at Gen-X Pets in Coralville. Goodman said she is contacting breeders to see if they want some of the pairs. Other birds may be sold if they are deemed to be good pets, Goodman said. http://infoweb.newsbank.com/iw-search/we/InfoWeb?p_action=doc&p_docid=0F78F801... 1/31/2003 Gazette,The (Cedar Rapids-Iowa City): Document Display Page 2 of 2 People interested in the birds can e-mail Goodman at Misha-Goodman@iowa-city.org Copyright(c)2002 Cedar Rapids Gazette Record Number: 1203649 E-Mall Text Only Displa Ust Previous Next �) 0 http://infoweb.newsbank.com/iw-search/we/InfoWeb?p_action=doc&p_docid=0F78F801... 1/31/2003 Gazette,The (Cedar Rapids-Iowa City): Document Display Page 1 of 2 CI (1992-Current) 14r.rod 1. Edit Search Help Home Record 6 of 10 E-Mail Text Only Display List Previous Next The Gazette (Cedar Rapids-Iowa City) January 15, 2003 Adopted birds quarantined for infection 49 birds seized in Iowa City must undergo treatment .71 ❑- 717.. Author: Erin Jordan; The Gazette o Edition: IC D o Section: A Page: 1 Estimated printed pages: 2 Article Text: IOWA CITY - People who adopted exotic birds seized from an unfit home in November must now treat the birds for a bacterial disease to lift a quarantine placed Dec. 18 on 49 birds. The Iowa City/Coralville Animal Care and Adoption Center learned in mid-December that one bird, from 125 impounded Nov. 15, tested positive for Chlamydophila psittaci, an infection that can be passed to humans. "We issued 15 quarantines covering approximately 49 birds from (Iowa City) animal control," said Dr. David Schmitt, assistant state veterinarian. Most of the bird owners live in or near Iowa City and Cedar Rapids. The quarantine -the largest Schmitt has imposed since he joined the Bureau of Animal Industry in 1999 - requires owners to isolate all birds on the premises until they are treated with 45 days of medication, he - -said. Chlamydophila psittaci, which causes inflammation of the eyes, wasting and diarrhea in birds, can be passed to other birds or animals through bird feces or nasal discharge, Schmitt said. In humans, the infection is called Psittacosis, or parrot fever. It causes flulike symptoms and can lead to severe pneumonia. The disease is rarely fatal if treated, according to the American Veterinary Medical Association. Iowa City veterinarian Allan Berger said the drug used to treat Chlamydophila psittaci costs $10 per week per bird. There are other costs associated with testing the bird for the infection and getting certification to lift the quarantine. At least two local residents with birds under quarantine are opting not to treat the birds because of risks http://infoweb.newsbank.com/iw-search/we/InfoWeb?p_action=doc&p_docid=0F897E1 D... 1/31/2003 Gazette, The (Cedar Rapids-Iowa City): Document Display Page 2 of 2 associated with treatment, Berger said. "The one test that turned out positive is a good screening test, but it's not necessarily a diagnosis. It's a question of balancing risks," he said. Jeff Lampkin, 43, of Des Moines, purchased two umbrella cockatoos for$700 from the animal center. The 4-year-old male/female pair, Sidney and Lucky, have tested negative for the infection, he said. Lampkin is frustrated the center did not test the birds for Chlamydophila psittaci before selling them. He has not yet made the decision about treating Sidney and Lucky, as well as his other five birds. "The money is not the issue," he said. "They knew they were being placed in a home with other birds." Animal center supervisor Misha Goodman said the birds did have brief checkups with a veterinarian, but were not tested for the disease. The state does not require that type of testing and none of the birds had shown symptoms at that time. Center staff impounded the 125 birds from Ventura Dominguez's garage, at 2300 California Ave., Iowa City. The exotic species,which included parrots, cockatoos and macaws, were living in cramped filthy conditions and many had deformities caused by poor breeding, Goodman said. The birds were boarded at Gen-X Pets in Coralville for several weeks before owners were located. The$7,290 the city made from selling 35 birds went to pay for room, board and veterinary bills. The rest of the birds were given to the Midwest Avian Adoptive and Rescue Services in Minnesota. Goodman said this case, which lasted longer than a month, was a challenge for her staff. "This was an unusual case for us. It's not every day we get 26 species of birds at one time. Our job is to learn as much as possible, but the public needs to do that too," Goodman said. Caption: Toby, a Timneh African Gray parrot, was adopted by Michelle Morrison of Gen-X Pets in Coralville. She's treating the bird for possible infection. COLOR PHOTO Miranda Meyer Copyright (c) 2003 Cedar Rapids Gazette Record Number: 1209275 E-Mall Text Only Dls'lay List Previous Next U - - _-1 _ - • Y J http://infoweb.newsbank.com/iw-search/we/InfoWeb?p_action=doc&p_docid=0F897E 1 D... 1/31/2003 . tg : ° , Man charged after _.„,.._, ,,,,,,,,,,,, .1. city seizes his birds . , ._ _ , _ , BY GRANT SCHULTE infected birds,said Misha Good- _ It: ' �' .__ v THE DAILY IOWAN man,the agency's supervisor. More than 70 were sent to the John Richard/The Daily Iowan An Iowa City man who had Minnesota Rescue and Adop- Karen Kubby speaks at the Emma Goldman Clinic's Choice more than 120 birds taken from tion Service following a Jan. 6 Dinner on Wednesday evening at the IMU. his garage by city regulators court order, and others were who described the habitat as adopted,she said. said, sipping hot tea from a quite frankly is in jeopardy." filthy was charged Wednesday Goodman, who has super- canteen. "I'm here to cele- No protesters plagued Emma with animal neglect. vised the agency for nine years, brate.I think we need not just Ventura Dominguez was also said she has never seen such to protest against something charged with a nuisance viola- extreme conditions in an Iowa but support something that SEE ROE, PAGE 10A tion for allowing the birds' City home. ;.-; waste to accumulate. In response to apparent com- In November 2002,Iowa City ments Goodman has made to Animal Control officers said local media,Dominguez is seek- - S 1 � M they discovered hundreds of ing$20,000 from the city on the 1 rr) ,, Proposed Site of birds, some exotic, in grounds that she defamed him. Muslim Youth Camp t , 4 Dominguez's garage after He specifically mentions Good- neerin . The document out- receiving a tip from a disgrun- n in the formal claim to the g _ tied customer of his bird-breed- city but does not specify what ton lines several possible uses of '; = ing and selling business, remarks she made. uld the land and identifies the '' Dominguez, 2300 California "I have no idea" why gest camp's proposal as the pre- ( )' Ave.,had"birds of various sizes Dominguez is filing the claim, ferred alternative, asserting , ` and species in overcrowded con- Goodman said, not that the project is consistent , ditions, without appropriate Dominguez, 35, who has an ,lay with the Corps'master plan - iiiiiti ,ter- ventilation" in his residence, a unlisted phone number, was If for the area and poses no sig- sin report filed by the agency says. sought out at his home but t to nificant threat,to the envi- A t ION il Animal-control officials who unavailable for comment. The celY ronment. Solon searched the garage Nov. 12 city searched his home after But members of the John- .. also discovered that the birds ion son County Board of Supervi receiving a tip from a customer lacked proper veterinary care, whose bird had died 11 days ,lvillowscoy and most were provided with after she bought=it, said his il "filthy, feces-ridden water"and brother,Carlos Dominguez. t. SEE MUSLIM CAMP, PAGE 1 OA Source:US Anny Corps of Engineers CI(/DI food inadequate for consump- As he spoke,the noise of dogs 1 sors voiced their concerns abort tion,the report alleges.CSfficials and several birds were heard in also allegedly observed an the home. "excessive"amount of bird feces Chad Warren, a man court ming names in e-mail and urine around their cages, documents identify as creating an unhealthy environ- Dominguez's attorney, declined went. to comment Wednesday night. mail more like an oral conver- employees never to assume that One hundred twenty-six of Both charges against Ventura sation than a written docu- e-mails are confidential. While the birds, which include Dominguez are simple misde- ment,"said Marc Mills,the uni- personnel matters are not subject macaws,Amazon parrots, and meanors,punishable with a fine versity's senior associate coun- ' to open records laws,e-mails can canaries, were impounded between $50 and $500 or 30 selor, who co-authored the be entered into the public domain ander a search warrant Nov. 15 days in jail. Dominguez is guidelines distributed on Jan. if uncovered during legal pro- and quarantined by Iowa City scheduled to make his initial 17. "As a result,we sometimes ceedings. Animal Services. One tested appearance Feb. 19 in District see things in e-mails we'd positive for parrot fever,a respi- Court. rather not see." ratory disease that humans can E-MAIL DI REPORTER GRANT SCMULTE Al: The guidelines warn university SEE EMAIL, PAGE 1 OA contract by inhaling dry feces of GRANT-scHULTE@UIOWA.EDu CHECK US OUT AT r '. Crossword 8B Sports 1B Opinions 12A TV Listings 8B YY YU UY.DAILYIOWAN.COMYs7 REA0.THEN RECYCLE.E. 1' 1 f J , t;Ut16 66 ti.c.waj+ not.,,....yy- o.",1 "{:`u°"..'.1.-uomvi ntwu vyJ,- VVI- KENNEDY, CRUISE, ANDERSON, FREY & BRISCOE, L.L.P. ATTORNEYS AT LAW 920 S. DUBUQUE STREET-P.O. BOX 2000 MICHAEL W. KENNEDY IOWA CITY, IOWA 52244 OF COUNSEL. STEVEN C.ANDERSON TELEPHONE(319)351-5181 JOHN D.CRUISE KIRSTEN H. FREY FAX(319)351-0605 KANDIE K. BRISCOE' 'ALSO CERTIFIED CHAD T.WARREN PUBLIC ACCOUNTANT LILLIAN LYONS DAVIS January 23, 2003 Ms. Eleanor Dilkes Iowa City City Attorney 410 E. Washington Street Iowa City, IA 52240 City of Iowa City C/o Marian Karr, City Clerk 410 E. Washington Street Iowa City, IA 52240 Re: Ventura Dominguez--Iowa Code Section 670.5 Notice Dear Ms. Dilkes and Ms. Karr: I am writing to inform you that I am currently representing Mr. Dominguez with respect to the Iowa Code Section 670.5 Notice he provided to the City of Iowa City on January 8, 2003, alleging a cause of action for defamation. Please forward all correspondence regarding this particular matter to me rather than to my client. If you have any questions,please feel free to give me a call. Very truly yours, Chad T. Warren CTW/ah Cc: Ventura Dominguez CW4/L88A00318 U w -n -- C) N ---r • -- ,C- --� t -i Cp END OF CASE FILE JOHNSON COUNTY SHERIFF' S DEPARTMENT P.O. BOX 2540 IOWA CITY, IA 52244-2540 DATE: 09/18/03 ***** PROCESS SERVERS WORKSHEET ***** CP# : 000020036316 DOCKET: 00LACV064125 AGENCY: 000020036316 PLTF: COOLEY,RON E PROCESS TYPE: ORIGINAL NOTICE VS . COMPLAINT DFND: JOHNSON COUNTY INFORMAPAUPERIS AOR: 0005352 COOLEY,RON AOR PHONE: COURT OF ORIGIN: JOHNSON CO CP#/PARTY : 000020036316-03 DATE ASSIGNED: 09/18/03 SERVER: 00001 UNASSIGNED SERVER ENTRY SERVE BY: 00/00/00 DATE: ( —VA _ TIME: I L\OC AM/PM HAZARDS: G 1�-`‹ C{o 1 r SERVICE TYPE : PARTY: IOWA CITY, CITY OF : 410 E WASHINGTON ST BY SERVING: C/O CITY CLERK V Y I ���✓\ '"' cr IOWA CITY IA RACE: HEIGHT: RACE : HEIGHT: WEIGHT: SEX: WEIGHT: SEX: HAIR: EYES : HAIR: EYES : DOB: 00/00/00 SSN: DOB: PHONE: SERVED AT: EMPLOYER: ‘"\ Q 910r VEHICLE: YEAR: MAKE: MILEAGE SERV FEE: MODEL: LIC PLATE: STATE: MISC1 MISC2 DESCRIPTION: COMMENTS : 0 w # DATE TIME SERVR REASON 1 rr -� 2 SIGNATURE E ma DATE 3 D o 00 TITLE 4 5 (1 -. .„--- V•7' ,r -•-•°7 .....7' i.e. - ,,,'....... : ec " — -- *3,7-- a•••i•L-;;--. ..- ---i.: _."-',;,'-::::,--,2 ,--....:..? ".." 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CLARK, ) Plaintiff, ) No. CVCV063785 v. ) ACCEPTANCE OF SERVICE BOARD OF ADJUSTMENT, ) The City of Iowa City, Iowa, ) Defendant . ) COMES NOW the Defendant, Board of Adjustment, The City of Iowa City, Iowa and hereby acknowledges receipt of a copy of Original Notice and the Petition for Writ of Certiorari in the above- entitled action and accepts service of notice on them and consents to the jurisdiction of the court in the above-entitled action. BOARD OF ADJUSTMENT THE CITY OF IOOWWA C&244)- I�TTY, IOWA /—/'/,7l iLLfPip ) 'e• /Yf44 - By: 79t2 -rian K. Karr, Clerk'- r ` STATE OF IOWA ) ) ss : _ '� JOHNSON COUNTY ) - . ) And now on this Jr day of /VIAy ,J 2003Y; the undersigned, a Notary Public in and for the State of Iowa, personally appeared Marian K. Karr, to me personally know, who, being by me duly sworn, did say that she is the City Clerk of the City of Iowa City, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council; and Marian K. Karr acknowledged the execution of the instrument to be her voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. SONDRAE FORT Sandt4-4 W-42 • • My3Comamlon&piens l 59791 Notary Public in and for the State of IT " 9-00 Iowa ea: an_ CA r— rta 4 Ce-- IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON COUNTY JAMES A. CLARK, ) Plaintiff, ) No. `LVC.✓0637PS v. ) ORIGINAL NOTICE BOARD OF ADJUSTMENT, ) The City of Iowa City, Iowa, ) Defendant. ) TO THE ABOVE-NAMED DEFENDANT: You are hereby notified that there is now on file in the office of the Clerk of the above-named court, a Petition in the above-entitled action, a copy of which Petition is attached hereto. The Plaintiff ' s attorney is C. Joseph Holland, whose address is 300 Brewery Square, 123 North Linn Street, Iowa City, Iowa 52245 . You are further notified that unless, within 20 days after service of this original notice upon you, you serve, and within a reasonable time thereafter file, a motion or answer, in the Iowa District Court for Johnson County, at the county courthouse in Iowa City, Iowa, judgment by default will be rendered against you for the relief demanded in this Petition. If you require the assistance of LODEMA BERKLEY, auxilliary aids or services to Clerk of the above Court participate in court because of a � "goo disability, immediately call your district ADA coordinator at 319-398-3920 Ext. S00. (If you are Joh =on County Courthouse hearing impaired, call Relay Iowa TTY Iowa City, Iowa 52240 at 1-800-735-2942). NOTE: The attorney who is expected to represent the Defendant (s) should be promptly advised by Defendant (s) of the service of this notice. • _J, IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON COUNTY James A. Clark, ) Plaintiff, ) Law No. CV COO b 3'1 F'S v. ) Board of Adjustment ) PETITION FOR WRIT h L- G7 The City of Iowa City, Iowa, ) OF CERTIORARI "r K Defendant . ) - � -r. w COMES NOW, Plaintiff, _James A. Clark, by and h ougi' h counsel, Holland & Anderson LLP, and for this, his Petition for Writ of Certiorari, states as follows : 1 . This action is brought pursuant to Section 414 . 15 of the Code of Iowa (2003) ; the Iowa Rules of Civil Procedure, Rule 1 . 1401, et seq. ; and Section 14-6W-7 of The City Code of the City of Iowa City, Iowa. 2 . Plaintiff is a natural person and the owner of and record titleholder to real property located within the City of Iowa City. 3 . The Defendant Board of Adjustment ("Board" ) is organized and exists by virtue of the provisions of Chapter 414 of the Code of Iowa. And the provisions of Article W of Chapter 14 of The City Code . The Board' s decisions on appeals of actions of Administrative Officers of the City of Iowa City are the exercise of a judicial function. 4 . Pursuant to The City Code, the City Manager has -delegated to the Department of Housing and Inspection Services responsibility Page 1 of 5 - U7 w --i for interpretation and enforcement of the Zoning Code . 5 . In 1996 and again in 2003, the Plaintiff presented to the Director of the City Department of Housing and Inspection and Services a request for interpretation under the Zoning Ordinance contained in the City Code of the effect of installing communicating doors in a common wall shared by dwelling units in multi-family housing owned by the Plaintiff and located in Iowa City, Iowa. 6. By letter dated February 27, 1996 the Director of the Department of Housing and Inspection Services rendered an opinion that installation of communicating doors would permanently convert the affected units into a single dwelling unit which could not thereafter be legally operated as two dwelling units, except if fully compliant with the then current Zoning Code . A copy of that letter is attached hereto as Exhibit A. Many affected units have "grand fathered" status under the Zoning Ordinance which would be lost under this interpretation. 7 . The Plaintiff appealed that ruling to the Zoning Code Interpretation Panel (ZCIP) . The ZCIP is the City Manager' s designee to interpret the Zoning Code when appeals are taken from the actions of the Director of Housing and Inspection Services . 8 . The ZCIP entered two separate rulings, dated March 25, 1996 and April 1, 2003, respectively, affirming the decision of the Director of the Department of Housing and Inspection Services . Page 2 of 5 Copies of those rulings are attached hereto as Exhibit B and Exhibit C, respectively. 9 . Pursuant to Section 14-6W-4 of the City Code, the Plaintiff appealed that decision to the Board. A copy of the Appeal is attached hereto as Exhibit D. 10 .On April 9, 2003 the Board denied Plaintiff' s appeal by vote of 3-2 . In conducting that hearing and rendering its decision the Board was acting in a judicial capacity. 11 . The Plaintiff files this Petition for Certiorari pursuant to the versions of Section 414 . 15, et seq. , of the Code of Iowa (2003) . 12 . The decision of the Board is illegal for the following reason: a. The Board had no legal or factual basis for denying the appeal of the Plaintiff, and upholding the decision of the ZCIP and the Board' s decision is contrary to fact and law. b. The Board received ex parte communication from the Department of Planning and Community Development prior to the hearing in the form of a report from the Director' s staff recommending denial of the appeal . The Director of the Department of Planning and Community Development is a member of the ZCIP whose decision was the subject of the Appeal . Such communication and is inappropriate and illegal where the Board is exercising a 'judicial function and the Plaintiff was prejudiced thereby. ' Page 3 of 5 ` 5.> c. The Board applied an illegal standard in denying the appeal when members of the Board stated that the Appeal should be denied if there is a reasonable ground for the interpretation by the ZCIP. The Board acted illegally in not making an independent interpretation of the ordinance based upon the facts and law presented to the Board at the hearing. d. The actions of the Board denied the Plaintiff both substantive and procedural due process in consideration of the issues before the Board. 13 . This matter is triable de novo to the Court pursuant to Section 414 . 18 of the Code of Iowa (2003) . WHEREFORE, Plaintiff prays : 1. That the Court grant Plaintiff' s Petition and issue a Writ of Certiorari commanding the Defendant to certify to the Court, at a specified time and place, a transcript of so much of Defendant' s records and proceedings as are complained of or are pertinent herein, together with the facts of the case; and, 2 . The Court set this matter for hearing as soon as reasonably possible and give these proceedings preference over all other civil actions and proceedings, as provided in Section 414 . 19 of the Code of Iowa (2003) ; and, 3 . The Court annul and reverse the decision of the Defendant O 1 and order that the appeal by Plaintiff be sustained; and O 4 . The Court grant to the Plaintiff all such other`relieg,as T1 Page 4 of 5 D the Court deem just and proper in the premises . Respectfully u• e• 1 __ C. Jos- ,:h Holland #01102410 Att. ey at Law 300 Brewery Square 123 North Linn Street Post Office Box 2820 Iowa City, IA 52244 (319) 354-0331 ATTORNEY FOR PLAINTIFF I, James A. Clark, certify under penalty of perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct. di / d a 4 11 — L to A. Clark , , Original : Filed ' - - — 1-1 w .J r Y:\WPDCCS\LITIGATE\Clark\PetitionWritCertiorari.wpd Page 5 of 5 A •� p,A duiir- ^ tTTra� C - „_,' ,Ljillilligic-_, CITY OF IOWA CITY February 27, 1996 James A. Clark 414 E. Market St. Iowa City, IA 52245-2627 Dear Jim: In response to your letter of February 26, 1996, you are correct in that there is no provision within the Zoning Ordinance which would prohibit you from constructing the pass-through door you suggest. However, construction of such a passage would convert the existing two dwelling units into one dwelling unit. The definition of dwelling unit in the Zoning Ordinance states "Any habitable room or group of adjoining habitable rooms located within a dwelling..." (underline added). We would treat the modified units as one unit. This should not be a problem for you except in those instances where your apartment building is non-conforming as to density or is located within an RNC zone. In these instances, you would be abandoning a unit and therefore would not have a right to convert back to two units at some point in the . future. This is probably most critical for you in the RNC zones since you have rights to the number of units that exist now but would forego one of those units were you to construct the pass-through door. In summary, you are not prohibited from constructing the pass-through door. However, the number of units within the apartment building will be decreased accordingly since we will consider the two units with a pass-through door as one dwelling unit. Please contact me if you have any questions. Sin -rely, '~_____` i -;,4_.....- 1k \./0 -- ---.' ---, Douglas W :oothroy, Director Departmen if Housing & Inspection Services y blclark EXHIBIT 1 A 410 EAST WASHINGTON STREET • IOWA CITY, IOWA 52240.1826 • (319) 356-5000 • FAX (319) 356-5009 city of Iowa City Eiv' 0RMI JDU11r� Date: March 25, 1996 To: File ~ . From: ZCIP -3 Re: Definition of Dwelling Unit Issue: A local developer, Jim Clark, has proposed modification of two existing dwelling units within an apartment building such that the two units which adjoin have the common wall breached and two doors are constructed which can be either locked or unlocked. The doors would occupy the same jam and could be locked or unlocked at the discretion of the tenants. The purpose of the doors is to allow free flow between the two dwelling units such that people who have leased each of the dwelling units can essentially live together. The question before the Panel is whether the breaching of the wall and the installation of the doors constitutes a change in use, as to the number of units. In determining whether, within a single structure, there are one or more dwelling units, The practice is to consult the definition of dwelling unit in the zoning ordinance, evaluate the existence of common areas shared by more than one unit, and determine whether there are separate entrances for each unit. A dwelling unit is defined as "any habitable room or group of adjoining habitable rooms located within a dwelling and forming a single unit with facilities used or intended to be used for living, sleeping, cooking and eating meals." In the circumstance under consideration, there currently exist two dwelling units which meet the above definition. Whether these units become one with the modification proposed, hinges on whether there are common areas shared by both units and whether there are separate entrances to each unit. It is clear, that there will continue to be two separate entrances, an entrance from the hallway, to each existing unit. However, when the permanent wall between the units is breached, the doors are installed, and the doors are unlocked, a change of use will occur to create one unit from the previous two. It is clearly the intent, by the installation of the doors, to provide the opportunity for people to pass from one room to another and to share these spaces. EXHIBIT B • Subsequently locking the doors for a period of time, such as the extent of a lease as tenants change, will change the use back to two dwelling units. In many instances this change from two units to one and back to two units will have no consequence. However, once the use is changed to one dwelling unit, if the number of units prior to the change is non-conforming or is conforming under an RNC zone and sets the number of replacement units, the number of dwelling units may be diminished and potentially could not be changed back. It is our opinion that to make the modification proposed presents a risk to the owner as to whether he would be able to convert the modified units back into two units and may jeopardize his rights if the curre dwellin• •' s are on-conforming or are conforming under an RNC zone. • Doug:oo roy rJ K in Franklin Dire sr Housi • & Inspection Servi D rector, Dept. of Planning & Community . _�'/ Development 1> �� : Sarah olecek r Assista' t City Attorney tp5.2 Li n _ cn -77 N, v • Ly VI IVvvu VILy MEMOR6NDUM Date: April 1, 2003 To: File From: ZCIP Re: Definition of Dwelling Unit-Reaffirmation of March 25, 1996 opinion On March 25, 1996, the Zoning Code Interpretation Panel concluded that placement of a door between two dwelling units, in which the door could or would be unlocked, would constitute a change of use from two dwelling units to one dwelling unit. This conclusion was based upon the definition of dwelling unit, which has not changed since 1996. The instigator of the original opinion, Jim Clark, now wishes to come before the Board of Adjustment to contest the interpretation of the Panel. This reaffirmation of the original interpretation serves to satisfy the timeliness criteria for any appeal to the Board. As members of the Zoning Code Interpretation Panel, we reaffirm our interpretation of March 25, 1996 relative to the definition of dwelling unit by our signatures below. ite4--;&-et 1/-8-03 Kari Franklin, Director Deet. of Planning & Community Development N O w '0 1&—, \ _ 1 � Doug Bootoy, Director ` =R Dept. of H• .ing & Inspection Servi es =J' ' `.. i - Allen. / i , inVirirjr11% arah •lecek ' - £ssistant City Attorney EXHIBIT Ic • APPEAL TO THE BOARD OF ADJUSTMENT o ZONING CODE INTERPRETATION PANEL Title 14, Chapter 6, Article W DATE: March 5, 2003 1 %• `:? APPLICANT: Name: James A. Clark Address: 414 E. Market St., Iowa City, IA 52240 Phone: 319-351-8391 CONTACT PERSON: Name: C. Joseph Holland Address: 123 N. Linn St., Suite 300, Iowa City, IA 5224.5 Phone: 319-354-0331 Specific Requested Action: Reversal of Zoning Code Interpretation Panel ruling on effect of pass through doors between dwelling units in a multi-family residential building. The ZCIP recently affirmed a March 25, 1996 ruling, a copy of which is attached. The ZCIP has ruled that if pass through doors are placed in the common wall between two dwelling units, the two units become one and cannot be thereafter lawfully used as two units without meeting current zoning code requirements . In some instances the units will be located in buildings where the existing units are grandfathered in with respect to certain zoning requirements . This means that the pass through doors cannot be removed and the two units returned to two individual units without meeting current zoning code requirements . In some instances that would be impossible. The mere installation and use of pass through doors does not transform two units into one. The ruling of the ZCIP is not correct and should be reversed by the Board of Adjustment. Dated: March , 2003 j 1 009 /Z �I A J� - s A. Clark, Applicant EXHIBIT END OF CASE FILE